IIB 

118TH CONGRESS 

2D SESSION H. R. 6285 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2024 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To ratify and approve all authorizations, permits, 

verifications, extensions, biological opinions, incidental 

take statements, and any other approvals or orders 

issued pursuant to Federal law necessary for the establishment and administration of the Coastal Plain oil and 

gas leasing program, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Alaska’s Right to 

5 Produce Act of 2023’’. 

6 SEC. 2. CONGRESSIONAL FINDINGS. 

7 Congress finds that— 

8 (1) Congress provided clear authorization and 

9 direction that the Secretary of the Interior ‘‘shall es10 tablish and administer a competitive oil and gas pro11 gram for the leasing, development, production, and 

12 transportation of oil and gas in and from the Coast13 al Plain’’ in section 20001 of Public Law 115–97 

14 (16 U.S.C. 3143 note) (commonly known as the Tax 

15 Cuts and Jobs Act); 

16 (2) the timely administration of the Coastal 

17 Plain Oil and Gas Leasing Program is required and 

18 in the national and public interest; 

19 (3) the Department of the Interior’s cancelling 

20 of the leases for the covered Coastal Plain lease 

21 tracts represents a major decision of economic and 

22 political significance that Congress did not delegate 

23 to the Secretary; 


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1 (4) the Naval Petroleum Reserves Production 

2 Act of 1976 (42 U.S.C. 6501 et seq.) requires that 

3 the Bureau of Land Management— 

4 (A) allow for the exploration, development, 

5 and production of petroleum products in the 

6 National Petroleum Reserve in Alaska; and 

7 (B) balance, to the extent consistent with 

8 that Act, the protection of ecological and cul9 tural values in the National Petroleum Reserve 

10 in Alaska; and 

11 (5) the proposed rule of the Bureau of Land 

12 Management entitled ‘‘Management and Protection 

13 of the National Petroleum Reserve in Alaska’’ (88 

14 Fed. Reg. 62025 (September 8, 2023)) fails to re15 flect the intent of Congress for the Naval Petroleum 

16 Reserves Production Act of 1976 (42 U.S.C. 6501 

17 et seq.). 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

20 (1) COASTAL PLAIN.—The term ‘‘Coastal 

21 Plain’’ has the meaning given the term in section 

22 20001(a) of Public Law 115–97 (16 U.S.C. 3143 

23 note). 

24 (2) COASTAL PLAIN OIL AND GAS LEASING PRO25 GRAM.—The term ‘‘Coastal Plain oil and gas leasing 


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1 program’’ means the program established under sec2 tion 20001(b)(2)(A) of Public Law 115–97 (16 

3 U.S.C. 3143 note). 

4 (3) COVERED COASTAL PLAIN LEASE TRACT.— 

5 The term ‘‘covered Coastal Plain lease tract’’ means 

6 any of tracts 16, 17, 24, 26, 27, and 30 as listed 

7 in exhibit B of the document published by the Bu8 reau of Land Management entitled ‘‘Amendment to 

9 the Detailed Statement of Sale’’ and dated Decem10 ber 18, 2020 (relating to oil and gas leasing within 

11 the Coastal Plain Alaska). 

12 (4) RECORD OF DECISION.—The term ‘‘Record 

13 of Decision’’ means the record of decision described 

14 in the notice of availability of the Bureau of Land 

15 Management entitled ‘‘Notice of Availability of the 

16 Record of Decision for the Final Environmental Im17 pact Statement for the Coastal Plain Oil and Gas 

18 Leasing Program, Alaska’’ (85 Fed. Reg. 51754 

19 (August 21, 2020)). 

20 (5) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior. 

22 SEC. 4. CONGRESSIONAL APPROVAL OF ORDERS. 

23 (a) MORATORIUM ON OIL AND GAS LEASING.—Any 

24 order or action by the President or the Secretary that has 

25 the effect of placing a moratorium on or otherwise susVerDate Sep 11 2014 23:38 May 02, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6285.RFS H6285

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1 pending or pausing oil and gas leasing in the Coastal Plain 

2 shall have no force or effect. 

3 (b) APPROVAL AND RATIFICATION OF EXISTING

4 DOCUMENTATION AND AUTHORIZATIONS.—Notwith5 standing any other provision of law, Congress— 

6 (1) ratifies and approves all authorizations, per7 mits, verifications, extensions, biological opinions, in8 cidental take statements, and any other approvals or 

9 orders issued pursuant to Federal law, as described 

10 in the Record of Decision, necessary for the estab11 lishment and administration of the Coastal Plain Oil 

12 and Gas Leasing Program; and 

13 (2) directs the Secretary, the Administrator of 

14 the Environmental Protection Agency, and the heads 

15 of other as applicable Federal departments and 

16 agencies to process, reinstate, or continue to main17 tain such authorizations, permits, verifications, ex18 tensions, biological opinions, incidental take state19 ments, and any other approvals or orders described 

20 in paragraph (1). 

21 (c) APPLICABILITY OF OTHER LAW.—Notwith22 standing any other provision of law, the authorizations, 

23 permits, verifications, extensions, biological opinions, inci24 dental take statements, and any other approvals or orders 


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1 described in subsection (b)(1) shall be considered to sat2 isfy the requirements of— 

3 (1) section 1002 of the Alaska National Inter4 est Lands Conservation Act (16 U.S.C. 3142); 

5 (2) section 102(2)(c) of the National Environ6 mental Policy Act of 1969 (42 U.S.C. 4332(2)(c)); 

7 (3) section 20001 of Public Law 115–97 (16 

8 U.S.C. 3143 note); 

9 (4) the Endangered Species Act of 1973 (16 

10 U.S.C. 1531 et seq.); and 

11 (5) subchapter II of chapter 5 of title 5, United 

12 States Code, and chapter 7 of title 5, United States 

13 Code. 

14 SEC. 5. COASTAL PLAIN OIL AND GAS LEASING PROGRAM. 

15 (a) REISSUANCE OF CANCELED LEASES.— 

16 (1) ACCEPTANCE OF BIDS.—Not later than 30 

17 days after the date of enactment of this Act, the 

18 Secretary shall, without modification or delay— 

19 (A) accept the highest valid bid for each 

20 covered Coastal Plain lease tract for which a 

21 valid bid was received on January 6, 2021, pur22 suant to the requirement to hold the first lease 

23 sale in the Coastal Plain oil and gas leasing 

24 program; and 


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1 (B) provide the appropriate lease form to 

2 each winning bidder under subparagraph (A) to 

3 execute and return to the Secretary. 

4 (2) LEASE ISSUANCE.—On receipt of an exe5 cuted lease form under paragraph (1)(B) and pay6 ment in accordance with that lease of the rental for 

7 the first year, the balance of the bonus bid (unless 

8 deferred), and any required bond or security from 

9 the high bidder, the Secretary shall promptly issue 

10 to the high bidder a fully executed lease, in accord11 ance with— 

12 (A) the applicable regulations, as in effect 

13 on January 6, 2021; and 

14 (B) the terms and conditions of the Record 

15 of Decision. 

16 (b) REQUIREMENT FOR FUTURE LEASES.— 

17 (1) SECOND LEASE SALE.—Not later than De18 cember 22, 2024, the Secretary shall conduct the 

19 second lease sale required by section 

20 20001(c)(1)(B)(ii)(II) of Public Law 115–97 (16 

21 U.S.C. 3143 note) in accordance with the Record of 

22 Decision. 

23 (2) EXCEPTIONS FOR CANCELING A LEASE.— 

24 Notwithstanding any other provision of law, the 

25 President and the Secretary may not cancel a lease 


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1 issued under the Coastal Plain oil and gas leasing 

2 program if the Secretary has previously opened bids 

3 for such a lease or disclosed the high bidder for any 

4 tract that was included in a lease sale under the 

5 Coastal Plain oil and gas leasing program unless the 

6 lessee is in violation of the terms of the lease and 

7 fails to cure the violation after a reasonable period 

8 of time. 

9 (c) APPLICABILITY OF PRIOR RECORD OF DECI10 SION.—Notwithstanding any other provision of law and 

11 with respect to reissuing leases under subsection (a), the 

12 Record of Decision shall be considered to satisfy the re13 quirements of— 

14 (1) section 1002 of the Alaska National Inter15 est Lands Conservation Act (16 U.S.C. 3142); 

16 (2) section 102(2)(c) of the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4332(2)(c)); 

18 (3) section 20001 of Public Law 115–97 (16 

19 U.S.C. 3143 note); 

20 (4) the Endangered Species Act of 1973 (Public 

21 Law 93–205; 16 U.S.C. 1533); and 

22 (5) subchapter II of chapter 5 of title 5, United 

23 States Code, and chapter 7 of title 5, United States 

24 Code. 


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1 (d) WITHDRAWAL OF SUPPLEMENTAL ENVIRON2 MENTAL IMPACT STATEMENT.—The Director of the Bu3 reau of Land Management— 

4 (1) shall withdraw the notice of availability en5 titled ‘‘Notice of Availability of the Draft Coastal 

6 Plain Oil and Gas Leasing Program Supplemental 

7 Environmental Impact Statement’’ (88 Fed. Reg. 

8 62104 (September 8, 2023)); and 

9 (2) may not take any action to finalize, imple10 ment, or enforce the supplemental environmental im11 pact statement described in paragraph (1). 

12 (e) JUDICIAL REVIEW.— 

13 (1) JUDICIAL PRECLUSION.—Notwithstanding 

14 any other provision of law and except as provided in 

15 paragraph (2), no court shall have jurisdiction to re16 view any action taken by the Secretary, the Adminis17 trator of the Environmental Protection Agency, a 

18 State administrative agency, an Indian Tribe, or any 

19 other Federal agency acting pursuant to Federal law 

20 that grants an authorization, permit, verification, bi21 ological opinion, incidental take statement, or other 

22 approval described in section 4(b) for the Coastal 

23 Plain Oil and Gas Leasing Program, whether issued 

24 prior to, on, or after the date of enactment of this 

25 Act, and including any lawsuit or any other action 


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1 pending in a court as of the date of enactment of 

2 this Act. 

3 (2) FORUM EXCLUSIVITY.—The United States 

4 Court of Appeals for the District of Columbia Cir5 cuit shall have original and exclusive jurisdiction 

6 over any claim regarding— 

7 (A) the validity of this section; or 

8 (B) the scope of authority conferred by 

9 this section. 

10 (3) RIGHT TO PETITION.— 

11 (A) IN GENERAL.—Notwithstanding para12 graph (1), a lease holder may obtain a review 

13 of an alleged failure by an agency to act in ac14 cordance with section 20001 of Public Law 

15 115–97 (16 U.S.C. 3143 note) or with any law 

16 pertaining to the grant of an authorization, per17 mit, verification, biological opinion, incidental 

18 take statement, or other approval related to the 

19 lease holder’s lease by filing a written petition 

20 with a court of competent jurisdiction seeking 

21 an order under subparagraph (B). 

22 (B) DEADLINES.—If a court of competent 

23 jurisdiction finds that an agency has failed to 

24 act in accordance with section 20001 of Public 

25 Law 115–97 (16 U.S.C. 3143 note) or with any 


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1 law pertaining to the grant of an authorization, 

2 permit, verification, biological opinion, inci3 dental take statement, or other approval related 

4 to the lease holder’s lease, the court shall set a 

5 schedule and deadline for the agency to act as 

6 soon as practicable, which shall not exceed 90 

7 days from the date on which the order of the 

8 court is issued, unless the court determines a 

9 longer time period is necessary to comply with 

10 applicable law. 

11 SEC. 6. NULLIFICATION OF CERTAIN FEDERAL AGENCY AC12 TIONS. 

13 (a) NPRA RULE.—The final rule based on the pro14 posed rule of the Bureau of Land Management entitled 

15 ‘‘Management and Protection of the National Petroleum 

16 Reserve in Alaska’’ (88 Fed. Reg. 62025 (September 8, 

17 2023)) shall have no force or effect. 

18 (b) EXECUTIVE ORDER 13990.— 

19 (1) IN GENERAL.—Section 4 of Executive 

20 Order 13990 (86 Fed. Reg. 7037; relating to pro21 tecting public health and the environment and re22 storing science to tackle the climate crisis) shall 

23 have no force or effect. 


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1 (2) FUNDING.—No Federal funds may be obli2 gated or expended to carry out section 4 of the Ex3 ecutive Order described in paragraph (1). 

4 (c) SECRETARIAL ORDER 3401.— 

5 (1) IN GENERAL.—Secretarial Order 3401 (re6 lating to the Comprehensive Analysis and Tem7 porary Halt on all Activities in the Arctic National 

8 Wildlife Refuge Relating to the Coastal Plain Oil 

9 and Gas Leasing Program), issued by the Secretary 

10 on June 1, 2021, shall have no force or effect. 

11 (2) FUNDING.—No Federal funds may be obli12 gated or expended to carry out the Secretarial Order 

13 described in paragraph (1). 

14 SEC. 7. DESIGNATION OF SPECIAL AREAS OF THE NA15 TIONAL PETROLEUM RESERVE IN ALASKA. 

16 Beginning on the date of enactment of this Act, the 

17 Secretary may not designate any new Special Areas, add 

18 resource values to existing Special Areas, or expand exist19 ing Special Areas in the National Petroleum Reserve in 

20 Alaska unless an Act of Congress enacted after the date 


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1 of enactment of this Act specifically authorizes the Sec2 retary to do so. 

Passed the House of Representatives May 1, 2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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