Alaska’s Right to Produce Act of 2023

Bill: 118-s-3289
Sponsor: full_name: Sen. Sullivan, Dan [R-AK]
Introduced: 2023-11-09
Policy area: Energy
Subjects: Alaska

Congressional oversight

Judicial review and appeals

Marine and coastal resources, fisheries

Mining

Oil and gas
Latest action: action_date: 2023-11-09
text: Read twice and referred to the Committee on Energy and Natural Resources.

Summaries:
action_date: 2023-11-09
action_desc: Introduced in Senate
text: <p><strong>Alaska’s Right to Produce Act of 2023</strong></p><p>This bill provides for oil and gas leases in the Arctic National Wildlife Refuge (ANWR).&nbsp;</p><p>Specifically, the bill nullifies any order or action by the President or the Department of the Interior that places a moratorium on, suspends, or otherwise pauses leasing in ANWR's 1002 Area. It also ratifies and approves all authorizations and permits&nbsp;issued for the establishment and administration of the Coastal Plain Oil and Gas Leasing Program. The Environmental Protection Agency and other applicable federal departments and agencies must process, reinstate, or continue to maintain such authorizations and permits.&nbsp;</p><p>Within 30 days of the bill's enactment, Interior must accept bids for certain ANWR leases that were canceled and reissue the leases. The bill states that the reissued leases must be considered to meet the requirements of specified existing laws, such as the Endangered Species Act of 1973.</p><p>By December 22, 2024, Interior must also conduct a second lease sale. Further, the bill limits the authority of the President and Interior to cancel future leases issued under the program.</p><p>The bill also directs the Bureau of Land Management to withdraw its (1) <em>Notice of Availability of the Draft Coastal Plain Oil and Gas Leasing Program Supplemental Environmental Impact Statement</em>, and (2) proposed rule titled&nbsp;<em>Management and Protection of the National Petroleum Reserve in Alaska</em>. It also nullifies Section 4 of Executive Order 13990 and Secretarial Order 3401.</p><p>Finally, the bill limits judicial review of approvals of leases under the program. &nbsp; &nbsp; &nbsp;&nbsp;</p><!--tinycomments|2.1|data:application/json;base64,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-->

tv_txt: II 118th CONGRESS 1st Session S. 3289 IN THE SENATE OF THE UNITED STATES November 9, 2023 Mr. Sullivan (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 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.

1. Short title This Act may be cited as the Alaska’s Right to Produce Act of 2023 . 2. Congressional findings Congress finds that— (1) Congress provided clear authorization and direction that the Secretary of the Interior shall establish and administer a competitive oil and gas program for the leasing, development, production, and transportation of oil and gas in and from the Coastal Plain in section 20001 of Public Law 115–97 ( 16 U.S.C. 3143 note) (commonly known as the Tax Cuts and Jobs Act); (2) the timely administration of the Coastal Plain Oil and Gas Leasing Program is required and in the national and public interest; (3) the Department of the Interior’s cancelling of the leases for the covered Coastal Plain lease tracts represents a major decision of economic and political significance that Congress did not delegate to the Secretary; (4) the Naval Petroleum Reserves Production Act of 1976 ( 42 U.S.C. 6501 et seq. ) requires that the Bureau of Land Management— (A) allow for the exploration, development, and production of petroleum products in the National Petroleum Reserve in Alaska; and (B) equally balance, to the extent consistent with that Act, the protection of ecological and cultural values in the National Petroleum Reserve in Alaska; and (5) the proposed rule of the Bureau of Land Management entitled Management and Protection of the National Petroleum Reserve in Alaska (88 Fed. Reg. 62025 (September 8, 2023)) fails to reflect the intent of Congress for the Naval Petroleum Reserves Production Act of 1976 ( 42 U.S.C. 6501 et seq. ). 3. Definitions In this Act: (1) Coastal plain The term Coastal Plain has the meaning given the term in section 20001(a) of Public Law 115–97 ( 16 U.S.C. 3143 note). (2) Coastal plain oil and gas leasing program The term Coastal Plain oil and gas leasing program means the program established under section 20001(b)(2)(A) of Public Law 115–97 ( 16 U.S.C. 3143 note). (3) Covered Coastal Plain lease tract The term covered Coastal Plain lease tract means any of tracts 16, 17, 24, 26, 27, and 30 as listed in exhibit B of the document published by the Bureau of Land Management entitled Amendment to the Detailed Statement of Sale and dated December 18, 2020 (relating to oil and gas leasing within the Coastal Plain Alaska). (4) Record of decision The term Record of Decision means the record of decision described in the notice of availability of the Bureau of Land Management entitled Notice of Availability of the Record of Decision for the Final Environmental Impact Statement for the Coastal Plain Oil and Gas Leasing Program, Alaska (85 Fed. Reg. 51754 (August 21, 2020)). (5) Secretary The term Secretary means the Secretary of the Interior. 4. Congressional approval of orders (a) Moratorium on Oil and Gas Leasing Any order or action by the President or the Secretary that has the effect of placing a moratorium on or otherwise suspending or pausing oil and gas leasing in the Coastal Plain shall have no force or effect. (b) Approval and ratification of existing documentation and authorizations Notwithstanding any other provision of law, Congress— (1) ratifies and approves all authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and any other approvals or orders issued pursuant to Federal law, as described in the Record of Decision, necessary for the establishment and administration of the Coastal Plain Oil and Gas Leasing Program; and (2) directs the Secretary, the Administrator of the Environmental Protection Agency, and the heads of other as applicable Federal departments and agencies to process, reinstate, or continue to maintain such authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and any other approvals or orders described in paragraph (1). (c) Applicability of other law Notwithstanding any other provision of law, the authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and any other approvals or orders described in subsection (b)(1) shall be considered to satisfy the requirements of— (1) section 1002 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3142 ); (2) section 102(2)(c) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(c)); (3) section 20001 of Public Law 115–97 ( 16 U.S.C. 3143 note); (4) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (5) subchapter II of chapter 5 of title 5, United States Code, and chapter 7 of title 5, United States Code. 5. Coastal Plain oil and gas leasing program (a) Reissuance of canceled leases (1) Acceptance of bids Not later than 30 days after the date of enactment of this Act, the Secretary shall, without modification or delay— (A) accept the highest valid bid for each covered Coastal Plain lease tract for which a valid bid was received on January 6, 2021, pursuant to the requirement to hold the first lease sale in the Coastal Plain oil and gas leasing program; and (B) provide the appropriate lease form to each winning bidder under subparagraph (A) to execute and return to the Secretary. (2) Lease issuance On receipt of an executed lease form under paragraph (1)(B) and payment in accordance with that lease of the rental for the first year, the balance of the bonus bid (unless deferred), and any required bond or security from the high bidder, the Secretary shall promptly issue to the high bidder a fully executed lease, in accordance with— (A) the applicable regulations, as in effect on January 6, 2021; and (B) the terms and conditions of the Record of Decision. (b) Requirement for future leases (1) Second lease sale Not later than December 22, 2024, the Secretary shall conduct the second lease sale required by section 20001(c)(1)(B)(ii)(II) of Public Law 115–97 ( 16 U.S.C. 3143 note) in accordance with the Record of Decision. (2) Exceptions for canceling a lease Notwithstanding any other provision of law, the President and the Secretary may not cancel a lease issued under the Coastal Plain oil and gas leasing program if the Secretary has previously opened bids for such a lease or disclosed the high bidder for any tract that was included in a lease sale under the Coastal Plain oil and gas leasing program unless the lessee is in violation of the terms of the lease and fails to cure the violation after a reasonable period of time. (c) Applicability of prior record of decision Notwithstanding any other provision of law and with respect to reissuing leases under subsection (a), the Record of Decision shall be considered to satisfy the requirements of— (1) section 1002 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3142 ); (2) section 102(2)(c) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(c)); (3) section 20001 of Public Law 115–97 ( 16 U.S.C. 3143 note); (4) the Endangered Species Act of 1973 ( Public Law 93–205 ; 16 U.S.C. 1533 ); and (5) subchapter II of chapter 5 of title 5, United States Code, and chapter 7 of title 5, United States Code. (d) Withdrawal of supplemental environmental impact statement The Director of the Bureau of Land Management— (1) shall withdraw the notice of availability entitled Notice of Availability of the Draft Coastal Plain Oil and Gas Leasing Program Supplemental Environmental Impact Statement (88 Fed. Reg. 62104 (September 8, 2023)); and (2) may not take any action to finalize, implement, or enforce the supplemental environmental impact statement described in paragraph (1). (e) Judicial review (1) Judicial preclusion Notwithstanding any other provision of law and except as provided in paragraph (2), no court shall have jurisdiction to review any action taken by the Secretary, the Administrator of the Environmental Protection Agency, a State administrative agency, an Indian Tribe, or any other Federal agency acting pursuant to Federal law that grants an authorization, permit, verification, biological opinion, incidental take statement, or other approval described in section 4(b) for the Coastal Plain Oil and Gas Leasing Program, whether issued prior to, on, or after the date of enactment of this Act, and including any lawsuit or any other action pending in a court as of the date of enactment of this Act. (2) Forum exclusivity The United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction over any claim regarding— (A) the validity of this section; or (B) the scope of authority conferred by this section. (3) Right to petition (A) In general Notwithstanding paragraph (1), a lease holder may obtain a review of an alleged failure by an agency to act in accordance with section 20001 of Public Law 115–97 ( 16 U.S.C. 3143 note) or with any law pertaining to the grant of an authorization, permit, verification, biological opinion, incidental take statement, or other approval related to the lease holder’s lease by filing a written petition with a court of competent jurisdiction seeking an order under subparagraph (B). (B) Deadlines If a court of competent jurisdiction finds that an agency has failed to act in accordance with section 20001 of Public Law 115–97 ( 16 U.S.C. 3143 note) or with any law pertaining to the grant of an authorization, permit, verification, biological opinion, incidental take statement, or other approval related to the lease holder’s lease, the court shall set a schedule and deadline for the agency to act as soon as practicable, which shall not exceed 90 days from the date on which the order of the court is issued, unless the court determines a longer time period is necessary to comply with applicable law. 6. Nullification of certain Federal agency actions (a) NPRA rule The Secretary, acting through the Director of the Bureau of Land Management— (1) shall withdraw the proposed rule of the Bureau of Land Management entitled Management and Protection of the National Petroleum Reserve in Alaska (88 Fed. Reg. 62025 (September 8, 2023)); and (2) may not take any action to finalize, implement, administer, or enforce the proposed rule described in paragraph (1) or any substantially similar rule. (b) Executive order 13990 (1) In general Section 4 of Executive Order 13990 (86 Fed. Reg. 7037; relating to protecting public health and the environment and restoring science to tackle the climate crisis) shall have no force or effect. (2) Funding No Federal funds may be obligated or expended to carry out section 4 of the Executive Order described in paragraph (1). (c) Secretarial order 3401 (1) In general Secretarial Order 3401 (relating to the Comprehensive Analysis and Temporary Halt on all Activities in the Arctic National Wildlife Refuge Relating to the Coastal Plain Oil and Gas Leasing Program), issued by the Secretary on June 1, 2021, shall have no force or effect. (2) Funding No Federal funds may be obligated or expended to carry out the Secretarial Order described in paragraph (1).