16 U.S.C. § 3149 — Oil and gas lease applications

Page 2249 TITLE 16—CONSERVATION § 3149 lands described in this section, under such terms and conditions as he may, by regulation, pre- scribe. (e) Repealed. Pub. L. 100–203, title V, § 5105(1), Dec. 22, 1987, 101 Stat. 1330–259 (f) Exploration plan Prior to any exploration activities on a lease issued pursuant to this section, the Secretary shall require the lessee to describe exploration activities in an exploration plan. He shall ap- prove such plan if such activities can be con- ducted in conformity with such requirements as may be made by the Secretary for the protec- tion and use of the land for the purpose for which it is managed under applicable law. (g) Development and production plan Subsequent to a discovery of oil or gas in pay- ing quantities, and prior to developing and pro- ducing such oil and gas, the Secretary shall re- quire the lessee to describe development and production activities in a development and pro- duction plan. He shall approve such plan if such activities may be conducted in conformity with such requirements as may be made by the Sec- retary for the protection and use of the land for the purpose for which it is managed under appli- cable law. (h) Revised development and production plan The Secretary shall monitor the performance of the lessee and, if he determines that due to significant changes in circumstances regarding that operation, including environmental or eco- nomic changes, new requirements are needed, he may require a revised development and produc- tion plan. (i) Suspension and cancellation of lease If the Secretary determines that immediate and irreparable damage will result from con- tinuation in force of a lease, that the threat will not disappear and that the advantages of can- cellation outweigh the advantages of continu- ation in force of a lease, he shall suspend oper- ations for up to five years. If such a threat per- sists beyond such five-year suspension period, he shall cancel a lease and provide compensation to the lease under such terms as the Secretary es- tablishes, by regulation, to be appropriate. (Pub. L. 96–487, title X, § 1008, Dec. 2, 1980, 94 Stat. 2454; Pub. L. 100–203, title V, § 5105, Dec. 22, 1987, 101 Stat. 1330–259.) Editorial Notes REFERENCES IN TEXT The Mineral Leasing Act of 1920, as amended, referred to in subsecs. (a) and (d), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables. CODIFICATION Subsec. (b)(4) of this section, which required the Sec- retary to report yearly to Congress on efforts pursuant to Pub. L. 96–487 regarding the leasing of, and explo- ration and development activities on, certain lands, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 111 of House Document No. 103–7. AMENDMENTS 1987—Subsec. (c). Pub. L. 100–203, § 5105(1), struck out subsec. (c) which read as follows: ‘‘At such time as the studies requested in subsection (b)(4) of this section are completed by the Secretary, or at such time as the Sec- retary determines that sufficient interest has been in- dicated in exploring an area for oil or gas, and leasing should be commenced, he shall identify those areas which he determines to be favorable for the discovery of oil or gas (hereinafter referred to as ‘favorable petro- leum geological provinces’). In making such determina- tion, the Secretary shall utilize all information ob- tained in studies conducted under subsection (b) of this section as well as any other information he may de- velop or require by regulation to be transmitted.’’ Subsec. (d). Pub. L. 100–203, § 5105(2), struck out at end ‘‘Areas which are determined by the Secretary to be within favorable petroleum geological provinces shall be leased only by competitive bidding.’’ Subsec. (e). Pub. L. 100–203, § 5105(1), struck out sub- sec. (e) which read as follows: ‘‘At such time as paying quantities of oil or gas are discovered under a non- competitive lease issued pursuant to the Mineral Leas- ing Act of 1920, the Secretary shall suspend all further noncompetitive leasing in the area and shall determine the favorable petroleum geological province in prox- imity to such discovery. All further leasing in such area shall be in accordance with the requirements of subsection (d) of this section.’’ § 3149. Oil and gas lease applications (a) Lands within National Wildlife Refuge Sys- tem but not part of National Wilderness Pres- ervation System Notwithstanding any other provision of law or regulation, whenever the Secretary receives an application for an oil and gas lease pursuant to the Mineral Leasing Act of 1920 [30 U.S.C. 181 et seq.] for lands in Alaska within a unit of the Na- tional Wildlife Refuge System which are not also part of the national Wilderness Preserva- tion System he shall, in addition to any other requirements of applicable law, follow the proce- dures set forth in this section. (b) Statement of reasons for decision to issue or not to issue lease Any decision to issue or not to issue a lease shall be accompanied by a statement setting forth the reasons for the decision, including the reasons why oil and gas leasing would be com- patible or incompatible with the purposes of the refuge. (c) Environmental impact statement If the Secretary determines that the require- ments of section 4332(2)(C) of title 42 do not apply to his decision, the Secretary shall render his decision within six months after receipt of a lease application. If such requirements are ap- plicable to the Secretary’s decision, he shall render his decision within three months after publication of the final environmental impact statement. (Pub. L. 96–487, title X, § 1009, Dec. 2, 1980, 94 Stat. 2456.) Editorial Notes REFERENCES IN TEXT The Mineral Leasing Act of 1920, referred to in sub- sec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known Page 2250 TITLE 16—CONSERVATION § 3150 as the Mineral Leasing Act, which is classified gen- erally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 181 of Title 30 and Tables. § 3150. Alaska mineral resource assessment pro- gram (a) Mineral assessments The Secretary shall, to the full extent of his authority, assess the oil, gas, and other mineral potential on all public lands in the State of Alaska in order to expand the data base with re- spect to the mineral potential of such lands. The mineral assessment program may include, but shall not be limited to, techniques such as side- looking radar imagery and, on public lands other than such lands within the national park system, core and test drilling for geologic infor- mation, notwithstanding any restriction on such drilling under the Wilderness Act [16 U.S.C. 1131 et seq.]. For purposes of this Act, core and test drilling means the extraction by drilling of sub- surface geologic samples in order to assess the metalliferous or other mineral values of geo- logic terrain, but shall not be construed as in- cluding exploratory drilling of oil and gas test wells. To the maximum extent practicable, the Secretary shall consult and exchange informa- tion with the State of Alaska regarding the re- sponsibilities of the Secretary under this section and similar programs undertaken by the State. In order to carry out mineral assessments au- thorized under this or any other law, including but not limited to the National Uranium Re- source Evaluation program, the Secretary shall allow for access by air for assessment activities permitted in this subsection to all public lands involved in such study. He shall consult with the Secretary of Energy and heads of other Federal agencies carrying out such programs, to deter- mine such reasonable requirements as may be necessary to protect the resources of such area, including fish and wildlife. Such requirements may provide that access will not occur during nesting, calving, spawning or such other times as fish and wildlife in the specific area may be especially vulnerable to such activities. The Secretary is authorized to enter into contracts with public or private entities to carry out all or any portion of the mineral assessment pro- gram. This section shall not apply to the lands described in section 3141 of this title. (b) Regulations Activities carried out in conservation system units under subsection (a) shall be subject to regulations promulgated by the Secretary. Such regulations shall ensure that such activities are carried out in an environmentally sound man- ner— (1) which does not result in lasting environ- mental impacts which appreciably alter the natural character of the units or biological or ecological systems in the units; and (2) which is compatible with the purposes for which such units are established. (Pub. L. 96–487, title X, § 1010, Dec. 2, 1980, 94 Stat. 2456.) Editorial Notes REFERENCES IN TEXT The Wilderness Act, referred to in subsec. (a), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. This Act, referred to in subsec. (a), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. § 3151. Omitted Editorial Notes CODIFICATION Section, Pub. L. 96–487, title X, § 1011, Dec. 2, 1980, 94 Stat. 2457; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172, which required the President to annually transmit to Congress all pertinent public information relating to minerals in Alaska gathered by the United States Geo- logical Surveys, United States Bureau of Mines, and any other Federal agency, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 32 of House Doc- ument No. 103–7. SUBCHAPTER IV—TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND ACCESS INTO, CONSERVATION SYSTEM UNITS § 3161. Congressional declaration of findings Congress finds that— (a) Alaska’s transportation and utility net- work is largely undeveloped and the future needs for transportation and utility systems in Alaska would best be identified and provided for through an orderly, continuous decisionmaking process involving the State and Federal Govern- ments and the public; (b) the existing authorities to approve or dis- approve applications for transportation and util- ity systems through public lands in Alaska are diverse, dissimilar, and, in some cases, absent; and (c) to minimize the adverse impacts of siting transportation and utility systems within units established or expanded by this Act and to in- sure the effectiveness of the decisionmaking process, a single comprehensive statutory au- thority for the approval or disapproval of appli- cations for such systems must be provided in this Act. (Pub. L. 96–487, title XI, § 1101, Dec. 2, 1980, 94 Stat. 2457.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c), is Pub. L 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. § 3162. Definitions For purposes of this subchapter—