42 U.S.C. § 6214 — Repealed. Pub. L. 106–469, title I, § 103(3),

Page 6663 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6215 prior 6–month period specified by the Sec- retary, an average daily volume of 1,600,000 barrels of crude oil, natural gas liquids equiva- lents, and natural gas equivalents. (2) One barrel of natural gas equivalent equals 5,626 cubic feet of natural gas measured at 14.73 pounds per square inch (MSL) and 60 degrees Fahrenheit. (3) One barrel of natural gas liquids equiva- lent equals 1.454 barrels of natural gas liquids at 60 degrees Fahrenheit. (c) Exemptions The Secretary may, in his discretion, consider a request from any person described in sub- section (a) of this section for an exemption from the prohibition of this section. In considering any such request, the Secretary may exempt bidding for leases for lands in any area only if the Secretary finds, on the record after oppor- tunity for an agency hearing, that— (1) such lands have extremely high cost ex- ploration or development problems; and (2) exploration and development will not occur on such lands unless such exemption is granted. Findings of the Secretary under this subsection shall be final, and shall not be invalidated un- less found to be arbitrary or capricious. (d) Unitization of producing fields This section shall not be construed to prohibit the unitization of producing fields to increase production or maximize ultimate recovery of oil or natural gas, or both. (e) Report to Congress covering extension of re- strictions on joint bidding The Secretary shall study and report to the Congress, not later than 6 months after Decem- ber 22, 1975, with respect to the feasibility and desirability of extending the prohibition on joint bidding to— (1) bidding for any right to develop crude oil, natural gas, and natural gas liquids on Federal lands other than those located on the Outer Continental Shelf; and (2) bidding for any right to develop coal and oil shale on such lands. (Pub. L. 94–163, title I, § 105, Dec. 22, 1975, 89 Stat. 879; Pub. L. 95–372, title II, § 205(c), Sept. 18, 1978, 92 Stat. 646.) Editorial Notes AMENDMENTS 1978—Subsec. (c). Pub. L. 95–372 substituted ‘‘in his discretion, consider a request from any person de- scribed in subsection (a) of this section for an exemp- tion from the prohibition of this section’’ for ‘‘by amendment to the rule, exempt bidding for leases for lands located in frontier or other areas determined by the Secretary to be extremely high risk lands or to present unusually high cost exploration, or develop- ment, problems’’ in existing provisions and inserted provisions setting out the requisite finding of the Sec- retary and making arbitrariness and capriciousness of the Secretary’s findings the only bases for invalidation of those findings. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior to promulgate regulations under this chapter relating to fostering of competition for Federal leases and to implementation of alternative bidding systems authorized for award of Federal leases transferred to Secretary of Energy by section 7152(b) of this title. Section 7152(b) of this title repealed by Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of Energy re- turned to Secretary of the Interior. See House Report No. 97–315, pp. 25, 26, Nov. 5, 1981. § 6214. Repealed. Pub. L. 106–469, title I, § 103(3), Nov. 9, 2000, 114 Stat. 2029 Section, Pub. L. 94–163, title I, § 106, Dec. 22, 1975, 89 Stat. 880, related to production of oil or gas at the max- imum efficient rate and temporary emergency produc- tion rate. § 6215. Major fuel burning stationary source (a) Restrictions on issuance of orders or rules by Governor pursuant to section 7425 of this title No Governor of a State may issue any order or rule pursuant to section 7425 of this title to any major fuel burning stationary source (or class or category thereof)— (1) prohibiting such source from using fuels other than locally or regionally available coal or coal derivatives, or (2) requiring such source to enter into a con- tract (or contracts) for supplies of locally or regionally available coal or coal derivatives. (b) Petition to President (1) The Governor of any State may petition the President to exercise the President’s au- thorities pursuant to section 7425 of this title with respect to any major fuel burning sta- tionary source located in such State. (2) Any petition under paragraph (1) shall in- clude documentation which could support a find- ing that significant local or regional economic disruption or unemployment would result from use by such source of— (A) coal or coal derivatives other than lo- cally or regionally available coal, (B) petroleum products, (C) natural gas, or (D) any combination of fuels referred to in subparagraphs (A) through (C), to comply with the requirements of a State implementation plan pursuant to section 7410 of this title. (c) Action to be taken by President Within 90 days after the submission of a Gov- ernor’s petition under subsection (b), the Presi- dent shall either issue an order or rule pursuant to section 7425 of this title or deny such peti- tion, stating in writing his reasons for such de- nial. In making his determination to issue such an order or rule pursuant to this subsection, the President must find that such order or rule would— (1) be consistent with section 7425 of this title; (2) result in no significant increase in the consumption of energy; (3) not subject the ultimate consumer to sig- nificantly higher energy costs; and (4) not violate any contractual relationship between such source and any supplier or trans- porter of fuel to such source. (d) Effect on authority of President to allocate coal or coal derivatives Nothing in subsection (a) or (b) of this section shall affect the authority of the President or the