IB 

Union Calendar No. 384 

118TH CONGRESS 

2D SESSION H. R. 6285 

[Report No. 118–463] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 8, 2023 

Mr. STAUBER (for himself, Mrs. PELTOLA, Mr. HERN, and Mr. PFLUGER) introduced the following bill; which was referred to the Committee on Natural Resources 

APRIL 15, 2024 

Additional sponsors: Mrs. HARSHBARGER, Mr. BERGMAN, Mr. WILSON of 

South Carolina, Mr. NEWHOUSE, Mr. MOOLENAAR, Mrs. MILLER of Illinois, Mrs. BICE, Mrs. RADEWAGEN, Mr. GROTHMAN, Mr. AUSTIN SCOTT

of Georgia, Mr. CAREY, Ms. TENNEY, and Mr. BURLISON

APRIL 15, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on November 8, 2023] 


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A BILL 

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 Coastal 

13 Plain’’ in section 20001 of Public Law 115–97 (16 

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

15 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 of 

20 the leases for the covered Coastal Plain lease tracts 

21 represents a major decision of economic and political 

22 significance that Congress did not delegate to the Sec23 retary; 


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1 (4) the Naval Petroleum Reserves Production Act 

2 of 1976 (42 U.S.C. 6501 et seq.) requires that the Bu3 reau of Land Management— 

4 (A) allow for the exploration, development, 

5 and production of petroleum products in the Na6 tional Petroleum Reserve in Alaska; and 

7 (B) balance, to the extent consistent with 

8 that Act, the protection of ecological and cultural 

9 values in the National Petroleum Reserve in 

10 Alaska; and 

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

12 Management entitled ‘‘Management and Protection of 

13 the National Petroleum Reserve in Alaska’’ (88 Fed. 

14 Reg. 62025 (September 8, 2023)) fails to reflect the 

15 intent of Congress for the Naval Petroleum Reserves 

16 Production Act of 1976 (42 U.S.C. 6501 et seq.). 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

19 (1) COASTAL PLAIN.—The term ‘‘Coastal Plain’’ 

20 has the meaning given the term in section 20001(a) 

21 of Public Law 115–97 (16 U.S.C. 3143 note). 

22 (2) COASTAL PLAIN OIL AND GAS LEASING PRO23 GRAM.—The term ‘‘Coastal Plain oil and gas leasing 

24 program’’ means the program established under secVerDate Sep 11 2014 02:03 Apr 16, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H6285.RH H6285

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1 tion 20001(b)(2)(A) of Public Law 115–97 (16 U.S.C. 

2 3143 note). 

3 (3) COVERED COASTAL PLAIN LEASE TRACT.— 

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

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

6 exhibit B of the document published by the Bureau of 

7 Land Management entitled ‘‘Amendment to the De8 tailed Statement of Sale’’ and dated December 18, 

9 2020 (relating to oil and gas leasing within the 

10 Coastal Plain Alaska). 

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

12 Decision’’ means the record of decision described in 

13 the notice of availability of the Bureau of Land Man14 agement entitled ‘‘Notice of Availability of the Record 

15 of Decision for the Final Environmental Impact 

16 Statement for the Coastal Plain Oil and Gas Leasing 

17 Program, Alaska’’ (85 Fed. Reg. 51754 (August 21, 

18 2020)). 

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

20 the Secretary of the Interior. 

21 SEC. 4. CONGRESSIONAL APPROVAL OF ORDERS. 

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

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

24 the effect of placing a moratorium on or otherwise susVerDate Sep 11 2014 02:03 Apr 16, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H6285.RH 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 DOCU4 MENTATION AND AUTHORIZATIONS.—Notwithstanding any 

5 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 in 

10 the Record of Decision, necessary for the establishment 

11 and administration of the Coastal Plain Oil and Gas 

12 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 agen16 cies to process, reinstate, or continue to maintain 

17 such authorizations, permits, verifications, extensions, 

18 biological opinions, incidental take statements, and 

19 any other approvals or orders described in paragraph 

20 (1). 

21 (c) APPLICABILITY OF OTHER LAW.—Notwithstanding 

22 any other provision of law, the authorizations, permits, 

23 verifications, extensions, biological opinions, incidental 

24 take statements, and any other approvals or orders deVerDate Sep 11 2014 02:03 Apr 16, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H6285.RH H6285

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1 scribed in subsection (b)(1) shall be considered to satisfy 

2 the requirements of— 

3 (1) section 1002 of the Alaska National Interest 

4 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 Sec18 retary 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 pro24 gram; 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 executed 

5 lease form under paragraph (1)(B) and payment in 

6 accordance with that lease of the rental for the first 

7 year, the balance of the bonus bid (unless deferred), 

8 and any required bond or security from the high bid9 der, the Secretary shall promptly issue to the high 

10 bidder a fully executed lease, in accordance with— 

11 (A) the applicable regulations, as in effect 

12 on January 6, 2021; and 

13 (B) the terms and conditions of the Record 

14 of Decision. 

15 (b) REQUIREMENT FOR FUTURE LEASES.— 

16 (1) SECOND LEASE SALE.—Not later than De17 cember 22, 2024, the Secretary shall conduct the sec18 ond lease sale required by section 

19 20001(c)(1)(B)(ii)(II) of Public Law 115–97 (16 

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

21 Decision. 

22 (2) EXCEPTIONS FOR CANCELING A LEASE.—Not23 withstanding any other provision of law, the Presi24 dent and the Secretary may not cancel a lease issued 

25 under the Coastal Plain oil and gas leasing program 


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1 if the Secretary has previously opened bids for such 

2 a lease or disclosed the high bidder for any tract that 

3 was included in a lease sale under the Coastal Plain 

4 oil and gas leasing program unless the lessee is in 

5 violation of the terms of the lease and fails to cure the 

6 violation after a reasonable period of time. 

7 (c) APPLICABILITY OF PRIOR RECORD OF DECISION.— 

8 Notwithstanding any other provision of law and with re9 spect to reissuing leases under subsection (a), the Record 

10 of Decision shall be considered to satisfy the requirements 

11 of— 

12 (1) section 1002 of the Alaska National Interest 

13 Lands Conservation Act (16 U.S.C. 3142); 

14 (2) section 102(2)(c) of the National Environ15 mental Policy Act of 1969 (42 U.S.C. 4332(2)(c)); 

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

17 U.S.C. 3143 note); 

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

19 Law 93–205; 16 U.S.C. 1533); and 

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

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

22 Code. 

23 (d) WITHDRAWAL OF SUPPLEMENTAL ENVIRON24 MENTAL IMPACT STATEMENT.—The Director of the Bureau 

25 of Land Management— 


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1 (1) shall withdraw the notice of availability enti2 tled ‘‘Notice of Availability of the Draft Coastal Plain 

3 Oil and Gas Leasing Program Supplemental Envi4 ronmental Impact Statement’’ (88 Fed. Reg. 62104 

5 (September 8, 2023)); and 

6 (2) may not take any action to finalize, imple7 ment, or enforce the supplemental environmental im8 pact statement described in paragraph (1). 

9 (e) JUDICIAL REVIEW.— 

10 (1) JUDICIAL PRECLUSION.—Notwithstanding 

11 any other provision of law and except as provided in 

12 paragraph (2), no court shall have jurisdiction to re13 view any action taken by the Secretary, the Adminis14 trator of the Environmental Protection Agency, a 

15 State administrative agency, an Indian Tribe, or any 

16 other Federal agency acting pursuant to Federal law 

17 that grants an authorization, permit, verification, bi18 ological opinion, incidental take statement, or other 

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

20 Plain Oil and Gas Leasing Program, whether issued 

21 prior to, on, or after the date of enactment of this Act, 

22 and including any lawsuit or any other action pend23 ing in a court as of the date of enactment of this Act. 

24 (2) FORUM EXCLUSIVITY.—The United States 

25 Court of Appeals for the District of Columbia Circuit 


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1 shall have original and exclusive jurisdiction over 

2 any claim regarding— 

3 (A) the validity of this section; or 

4 (B) the scope of authority conferred by this 

5 section. 

6 (3) RIGHT TO PETITION.— 

7 (A) IN GENERAL.—Notwithstanding para8 graph (1), a lease holder may obtain a review of 

9 an alleged failure by an agency to act in accord10 ance with section 20001 of Public Law 115–97 

11 (16 U.S.C. 3143 note) or with any law per12 taining to the grant of an authorization, permit, 

13 verification, biological opinion, incidental take 

14 statement, or other approval related to the lease 

15 holder’s lease by filing a written petition with a 

16 court of competent jurisdiction seeking an order 

17 under subparagraph (B). 

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

19 jurisdiction finds that an agency has failed to 

20 act in accordance with section 20001 of Public 

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

22 law pertaining to the grant of an authorization, 

23 permit, verification, biological opinion, inci24 dental take statement, or other approval related 

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


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1 schedule and deadline for the agency to act as 

2 soon as practicable, which shall not exceed 90 

3 days from the date on which the order of the 

4 court is issued, unless the court determines a 

5 longer time period is necessary to comply with 

6 applicable law. 

7 SEC. 6. NULLIFICATION OF CERTAIN FEDERAL AGENCY AC8 TIONS. 

9 (a) NPRA RULE.—The Secretary, acting through the 

10 Director of the Bureau of Land Management— 

11 (1) shall withdraw the proposed rule of the Bu12 reau of Land Management entitled ‘‘Management and 

13 Protection of the National Petroleum Reserve in Alas14 ka’’ (88 Fed. Reg. 62025 (September 8, 2023)); and 

15 (2) may not take any action to finalize, imple16 ment, administer, or enforce the proposed rule de17 scribed in paragraph (1) or any substantially similar 

18 rule. 

19 (b) EXECUTIVE ORDER 13990.— 

20 (1) IN GENERAL.—Section 4 of Executive Order 

21 13990 (86 Fed. Reg. 7037; relating to protecting pub22 lic health and the environment and restoring science 

23 to tackle the climate crisis) shall have no force or ef24 fect. 


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1 (2) FUNDING.—No Federal funds may be obli2 gated or expended to carry out section 4 of the Execu3 tive Order described in paragraph (1). 

4 (c) SECRETARIAL ORDER 3401.— 

5 (1) IN GENERAL.—Secretarial Order 3401 (relat6 ing to the Comprehensive Analysis and Temporary 

7 Halt on all Activities in the Arctic National Wildlife 

8 Refuge Relating to the Coastal Plain Oil and Gas 

9 Leasing Program), issued by the Secretary on June 1, 

10 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). 


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Union Calendar No. 384 

118TH CONGRESS 

2D SESSION H. R. 6285 

[Report No. 118–463] 

A BILL 

To ratify and approve all authorizations, permits, 

and for other purposes. of the Coastal Plain oil and gas leasing program, essary for the establishment and administration or orders issued pursuant to Federal law necdental take statements, and any other approvals verifications, extensions, biological opinions, inciAPRIL 15, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


DMwilson on DSKJM0X7X2PROD with BILLS