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43 U.S.C. § 3006 — Ensuring energy security

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 3006 — Ensuring energy security

Page 663 TITLE 43—PUBLIC LANDS § 3006 § 3005. Savings clause Notwithstanding any other provision of this chapter, the Secretary of the Interior and the Secretary of Agriculture shall continue to man- age public lands under the principles of multiple use and sustained yield in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), respectively, in- cluding for due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses, for the purposes of land use planning, permit processing, and con- ducting environmental reviews. (Pub. L. 116–260, div. Z, title III, § 3106, Dec. 27, 2020, 134 Stat. 2517.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle B (§§ 3101–3106) of title III of div. Z of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 2513, which is classified principally to this chapter. For complete classification of subtitle B to the Code, see Tables. The Federal Land Policy and Management Act of 1976, referred to in text, is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables. The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in text, is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified gen- erally to subchapter I (§ 1600 et seq.) of chapter 36 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under se

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Page 663 TITLE 43—PUBLIC LANDS § 3006 § 3005. Savings clause Notwithstanding any other provision of this chapter, the Secretary of the Interior and the Secretary of Agriculture shall continue to man- age public lands under the principles of multiple use and sustained yield in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), respectively, in- cluding for due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses, for the purposes of land use planning, permit processing, and con- ducting environmental reviews. (Pub. L. 116–260, div. Z, title III, § 3106, Dec. 27, 2020, 134 Stat. 2517.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle B (§§ 3101–3106) of title III of div. Z of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 2513, which is classified principally to this chapter. For complete classification of subtitle B to the Code, see Tables. The Federal Land Policy and Management Act of 1976, referred to in text, is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables. The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in text, is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified gen- erally to subchapter I (§ 1600 et seq.) of chapter 36 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of Title 16 and Tables. § 3006. Ensuring energy security (a) Definitions In this section: (1) Federal land The term ‘‘Federal land’’ means public lands (as defined in section 1702 of this title). (2) Offshore lease sale The term ‘‘offshore lease sale’’ means an oil and gas lease sale— (A) that is held by the Secretary in accord- ance with the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); and (B) that, if any acceptable bids have been received for any tract offered in the lease sale, results in the issuance of a lease. (3) Onshore lease sale The term ‘‘onshore lease sale’’ means a quar- terly oil and gas lease sale— (A) that is held by the Secretary in accord- ance with section 226 of title 30; and (B) that, if any acceptable bids have been received for any parcel offered in the lease sale, results in the issuance of a lease. (b) Limitation on issuance of certain leases or rights-of-way During the 10-year period beginning on August 16, 2022— (1) the Secretary may not issue a right-of- way for wind or solar energy development on Federal land unless— (A) an onshore lease sale has been held during the 120-day period ending on the date of the issuance of the right-of-way for wind or solar energy development; and (B) the sum total of acres offered for lease in onshore lease sales during the 1-year pe- riod ending on the date of the issuance of the right-of-way for wind or solar energy devel- opment is not less than the lesser of— (i) 2,000,000 acres; and (ii) 50 percent of the acreage for which expressions of interest have been sub- mitted for lease sales during that period; and (2) the Secretary may not issue a lease for offshore wind development under section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) unless— (A) an offshore lease sale has been held during the 1-year period ending on the date of the issuance of the lease for offshore wind development; and (B) the sum total of acres offered for lease in offshore lease sales during the 1-year pe- riod ending on the date of the issuance of the lease for offshore wind development is not less than 60,000,000 acres. (c) Savings Except as expressly provided in paragraphs (1) and (2) of subsection (b), nothing in this section supersedes, amends, or modifies existing law. (Pub. L. 117–169, title V, § 50265, Aug. 16, 2022, 136 Stat. 2060.) Editorial Notes REFERENCES IN TEXT The Outer Continental Shelf Lands Act, referred to in subsec. (a)(2)(A), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. CODIFICATION Section was enacted as part of Pub. L. 117–169, and not as part of subtitle B of title III of div. Z of Pub. L. 116–260 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 117–169, title V, § 50211, Aug. 16, 2022, 136 Stat. 2052, provided that: ‘‘In this subtitle [subtitle B (§§ 50211–50281), enacting this section, section 1356c of this title, and section 1727 of Title 30, Mineral Lands and Mining, and amending sections 1331, 1337, and 1344 of this title and sections 188 and 226 of Title 30]: ‘‘(1) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior. ‘‘(2) UNITED STATES INSULAR AREAS.—The term ‘United States Insular Areas’ means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico, and the United States Virgin Islands.’’ CHAPTER 49—NATIONAL LANDSLIDE PREPAREDNESS Sec. 3101. Definitions. 3102. National Landslide Hazards Reduction Pro- gram.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1600 — Congressional findings

The Congress finds that— (1) the management of the Nation’s renewable resources is highly complex and the uses, demand for, and supply of the various resources are subject to change over time; (2) the public interest is served by the Forest Service, Department of Agriculture, in cooperation with other agencies, assessing the Nation’s renewable resources, and developing and preparing a national renewable resource program, which is periodically reviewed and updated; (3) to serve the national interest, the renewable resource program must be based on a comprehensive assessment of present and anticipated uses, demand for, and supply of renewable resources from the Nation’s public and private forests and rangelands, through analysis of environmental and economic impacts, coordination of multiple use and sustained yield opportunities as provided in the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; [16 U.S.C. 528–531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section528–531&num=0&edition=prelim)), and public participation in the development of the program; (4) the new knowledge derived from coordinated public and private research programs will promote a sound technical and ecological base for effective management, use, and protection of the Nation’s renewable resources; (5) inasmuch as the majority of the Nation’s forests and rangeland is under private, State, and local governmental management and the Nation’s major capacity to produce goods and services is based on these nonfederally managed renewable resources, the Federal Government should be a catalyst to encourage and assist these owners in the efficient long-term use and improvement of these lands and their renewable resources consistent with the principles of sustained yield and

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1600 — Congressional findings

Page 1947 TITLE 16—CONSERVATION § 1600 Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–205, Dec. 28, 1973, 81 Stat. 884, known as the Endangered Species Act of 1973, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. AMENDMENTS 2000—Pub. L. 106–201, in introductory provisions, sub- stituted ‘‘Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), on’’ for ‘‘On’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–201, § 1(b), May 18, 2000, 114 Stat. 307, pro- vided that: ‘‘The amendment made by this section [amending this section] takes effect on the earlier of— ‘‘(1) the date of enactment of this Act [May 18, 2000]; or ‘‘(2) December 19, 1999.’’ CHAPTER 36—FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING SUBCHAPTER I—PLANNING Sec. 1600. Congressional findings. 1601. Renewable Resource Assessment. 1602. Renewable Resource Program; preparation by Secretary and transmittal to President; purpose and development of program; time of preparation, updating and contents. 1603. National Forest System resource inventories; development, maintenance, and updating by Secretary as part of Assessment. 1604. National Forest System land and resource management plans. 1605. Protection, use and management of renew- able resources on non-Federal lands; utili- zation of Assessment, surveys and Program by Secretary to assist States, etc. 1606. Budget requests by President for Forest Serv- ice activities. 1606a. Reforestation Trust Fund. 1607. National Forest System renewable resource

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1331 — Definitions

In this subchapter: **(a) Outer Continental Shelf.—** The term “outer Continental Shelf” means— (1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and (2) does not include any area conveyed by Congress to a territorial government for administration; **(b) Secretary.—** The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be. **(c) Lease.—** The term “lease” means any form of authorization which is issued under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1337&num=0&edition=prelim) or maintained under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim) and which authorizes exploration for, and development and production of, minerals. **(d) Person.—** The term “person” includes, in addition to a natural person, an association, a State, a political subdivision o

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1331 — Definitions

Page 321 TITLE 43—PUBLIC LANDS § 1331 1 See References in Text note below. 2 So in original. Probably should be ‘‘accordance’’. waters for the constitutional purposes of com- merce, navigation, national defense, and inter- national affairs, all of which shall be paramount to, but shall not be deemed to include, propri- etary rights of ownership, or the rights of man- agement, administration, leasing, use, and de- velopment of the lands and natural resources which are specifically recognized, confirmed, es- tablished, and vested in and assigned to the re- spective States and others by section 1311 of this title. (b) In time of war or when necessary for na- tional defense, and the Congress or the Presi- dent shall so prescribe, the United States shall have the right of first refusal to purchase at the prevailing market price, all or any portion of the said natural resources, or to acquire and use any portion of said lands by proceeding in ac- cordance with due process of law and paying just compensation therefor. (May 22, 1953, ch. 65, title II, § 6, 67 Stat. 32.) § 1315. Rights acquired under laws of United States unaffected Nothing contained in this subchapter or sub- chapter I shall affect such rights, if any, as may have been acquired under any law of the United States by any person in lands subject to this subchapter or subchapter I and such rights, if any, shall be governed by the law in effect at the time they may have been acquired: Provided, however, That nothing contained in this sub- chapter or subchapter I is intended or shall be construed as a finding, interpretation, or con- struction by the Congress that the law under which such rights may be claimed in fact or in law applies to the lands subject to this sub- chapter or subchapter I,

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1337 — Leases, easements, and rights-of-way on the outer Continental Shelf

**(a) Oil and gas leases; award to highest responsible qualified bidder; method of bidding; royalty relief; Congressional consideration of bidding system; notice** (1) The Secretary is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the outer Continental Shelf which are not covered by leases meeting the requirements of subsection (a) of [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim). Such regulations may provide for the deposit of cash bids in an interest-bearing account until the Secretary announces his decision on whether to accept the bids, with the interest earned thereon to be paid to the Treasury as to bids that are accepted and to the unsuccessful bidders as to bids that are rejected. The bidding shall be by sealed bid and, at the discretion of the Secretary, on the basis of— (A) cash bonus bid with a royalty at not less than 12½ percent, but not more than 16⅔ percent, fixed by the Secretary in amount or value of the production saved, removed, or sold; (B) variable royalty bid based on a per centum in amount or value of the production saved, removed, or sold, with either a fixed work commitment based on dollar amount for exploration or a fixed cash bonus as determined by the Secretary, or both; (C) cash bonus bid, or work commitment bid based on a dollar amount for exploration with a fixed cash bonus, and a diminishing or sliding royalty based on such formulae as the Secretary shall determine as equitable to encourage continued production from the lease area as resources diminish, but not less than 12½ percent, but not more than 16⅔ pe

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1337 — Leases, easements, and rights-of-way on

Page 335 TITLE 43—PUBLIC LANDS § 1337 (Aug. 7, 1953, ch. 345, § 7, 67 Stat. 467.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior to promulgate regulations under this subchapter which relate to fos- tering of competition for Federal leases, implementa- tion of alternative bidding systems authorized for award of Federal leases, establishment of diligence re- quirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of procedures, terms, and conditions for ac- quisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42, The Public Health and Wel- fare. Section 7152(b) of Title 42 was repealed by Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and func- tions of Secretary of Energy returned to Secretary of the Interior. See House Report No. 97–315, pp. 25, 26, Nov. 5, 1981. § 1337. Leases, easements, and rights-of-way on the outer Continental Shelf (a) Oil and gas leases; award to highest respon- sible qualified bidder; method of bidding; royalty relief; Congressional consideration of bidding system; notice (1) The Secretary is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations pro- mulgated in advance, any oil and gas lease on submerged lands of the outer Continental Shelf which are not covered by leases meeting the re- quirements of subsection (a) of section 1335 of this title. Such regulations may provide for the deposit of cash bids in an interest-bearing ac- count until the Secretary announces his deci- sion on whether to accept the bids, with the in- terest earned thereon to

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1701 — Congressional declaration of policy

**(a)** The Congress declares that it is the policy of the United States that— (1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular parcel will serve the national interest; (2) the national interest will be best realized if the public lands and their resources are periodically and systematically inventoried and their present and future use is projected through a land use planning process coordinated with other Federal and State planning efforts; (3) public lands not previously designated for any specific use and all existing classifications of public lands that were effected by executive action or statute before October 21, 1976, be reviewed in accordance with the provisions of this Act; (4) the Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal lands for specified purposes and that Congress delineate the extent to which the Executive may withdraw lands without legislative action; (5) in administering public land statutes and exercising discretionary authority granted by them, the Secretary be required to establish comprehensive rules and regulations after considering the views of the general public; and to structure adjudication procedures to assure adequate third party participation, objective administrative review of initial decisions, and expeditious decisionmaking; (6) judicial review of public land adjudication decisions be provided by law; (7) goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis of multiple use and sustained yield unless otherwise specified by law; (8) the public lands be managed in a manner t

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1701 — Congressional declaration of policy

Page 527 TITLE 43—PUBLIC LANDS § 1701 Sec. 1782. Bureau of Land Management Wilderness Study. 1783. Yaquina Head Outstanding Natural Area. 1784. Lands in Alaska; designation as wilderness; management by Bureau of Land Manage- ment pending Congressional action. 1785. Fossil Forest Research Natural Area. 1786. Piedras Blancas Historic Light Station. 1787. Jupiter Inlet Lighthouse Outstanding Natural Area. SUBCHAPTER I—GENERAL PROVISIONS § 1701. Congressional declaration of policy (a) The Congress declares that it is the policy of the United States that— (1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular par- cel will serve the national interest; (2) the national interest will be best realized if the public lands and their resources are peri- odically and systematically inventoried and their present and future use is projected through a land use planning process coordi- nated with other Federal and State planning efforts; (3) public lands not previously designated for any specific use and all existing classifications of public lands that were effected by executive action or statute before October 21, 1976, be re- viewed in accordance with the provisions of this Act; (4) the Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal lands for specified pur- poses and that Congress delineate the extent to which the Executive may withdraw lands without legislative action; (5) in administering public land statutes and exercising discretionary authority granted by them, the Secretary be required to establish comprehensive rules and regulations after con- sidering the v

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 3006 — Ensuring energy security

**(a) Definitions** In this section: (1) **Federal land** — The term “Federal land” means public lands (as defined in [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1702&num=0&edition=prelim)). (2) **Offshore lease sale** — The term “offshore lease sale” means an oil and gas lease sale— (A) that is held by the Secretary in accordance with the Outer Continental Shelf Lands Act ([43 U.S.C. 1331](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331&num=0&edition=prelim) et seq.); and (B) that, if any acceptable bids have been received for any tract offered in the lease sale, results in the issuance of a lease. (3) **Onshore lease sale** — The term “onshore lease sale” means a quarterly oil and gas lease sale— (A) that is held by the Secretary in accordance with [section 226 of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section226&num=0&edition=prelim); and (B) that, if any acceptable bids have been received for any parcel offered in the lease sale, results in the issuance of a lease. **(b) Limitation on issuance of certain leases or rights-of-way** During the 10-year period beginning on August 16, 2022— (1) the Secretary may not issue a right-of-way for wind or solar energy development on Federal land unless— (A) an onshore lease sale has been held during the 120-day period ending on the date of the issuance of the right-of-way for wind or solar energy development; and (B) the sum total of acres offered for lease in onshore lease sales during the 1-year period ending on the date of the issuance of the right-of-way for wind or solar energy development is not less than the lesser of— (i) 2,000,000 acres; and (ii) 50 percen

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