42 U.S.C. § 6213 — Certain lease bidding arrangements pro-

Page 6662 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6212a 1 See References in Text note below. § 6212a. Oil exports, safety valve, and maritime security (a) Omitted (b) National policy on oil export restriction Notwithstanding any other provision of law, except as provided in subsections (c) and (d), to promote the efficient exploration, production, storage, supply, marketing, pricing, and regula- tion of energy resources, including fossil fuels, no official of the Federal Government shall im- pose or enforce any restriction on the export of crude oil. (c) Savings clause Nothing in this section limits the authority of the President under the Constitution, the Inter- national Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or regulations issued under that Act (other than section 754.2 of title 15, Code of Federal Regulations), the National Emergencies Act (50 U.S.C. 1601 et seq.), part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.), the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.),1 or any other provision of law that imposes sanctions on a foreign person or foreign government (includ- ing any provision of law that prohibits or re- stricts United States persons from engaging in a transaction with a sanctioned person or govern- ment), including a foreign government that is designated as a state sponsor of terrorism, to prohibit exports. (d) Exceptions and presidential authority (1) In general The President may impose export licensing requirements or other restrictions on the ex- port of crude oil from the United States for a period of not more than 1 year, if— (A) the President declares a national emer- gency and formally notices the declaration of a national emergency in the Federal Reg- ister; (B) the export licensing requirements or other restrictions on the export of crude oil from the United States under this subsection apply to 1 or more countries, persons, or or- ganizations in the context of sanctions or trade restrictions imposed by the United States for reasons of national security by the Executive authority of the President or by Congress; or (C) the Secretary of Commerce, in con- sultation with the Secretary of Energy, finds and reports to the President that— (i) the export of crude oil pursuant to this Act has caused sustained material oil supply shortages or sustained oil prices significantly above world market levels that are directly attributable to the export of crude oil produced in the United States; and (ii) those supply shortages or price in- creases have caused or are likely to cause sustained material adverse employment ef- fects in the United States. (2) Renewal Any requirement or restriction imposed pur- suant to subparagraph (A) of paragraph (1) may be renewed for 1 or more additional peri- ods of not more than 1 year each. (Pub. L. 114–113, div. O, title I, § 101, Dec. 18, 2015, 129 Stat. 2987.) Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsec. (c), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and Na- tional Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. The National Emergencies Act, referred to in subsec. (c), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete clas- sification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables. The Energy Policy and Conservation Act, referred to in subsec. (c), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871. Part B of title II of the Act is classified generally to part B (§ 6271 et seq.) of subchapter II of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. The Trading With the Enemy Act, referred to in sub- sec. (c), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which was classified to sections 1 to 6, 7 to 39 and 41 to 44 of the former Appendix to Title 50, War and National De- fense, prior to editorial reclassification and renum- bering as chapter 53 (§ 4301 et seq.) of Title 50. For com- plete classification of this Act to the Code, see Tables. This Act, referred to in subsec. (d)(1)(C)(i), is div. O of Pub. L. 114–113, Dec. 18, 2015, 129 Stat. 2986. For com- plete classification of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the Consolidated Ap- propriations Act, 2016, and not as part of the Energy Policy and Conservation Act which comprises this chapter. Section is comprised of section 101 of div. O of Pub. L. 114–113. Subsec. (a) of section 101 of div. O of Pub. L. 114–113 repealed section 6212 of this title. Subsec. (e) of section 101 of div. O of Pub. L. 114–113 amended sections 53106 and 53111 of Title 46, Shipping. § 6213. Certain lease bidding arrangements pro- hibited (a) Promulgation of rule by Secretary of the Inte- rior The Secretary of the Interior shall, not later than 30 days after December 22, 1975, prescribe and make effective a rule which prohibits the bidding for any right to develop crude oil, nat- ural gas, and natural gas liquids on any lands lo- cated on the Outer Continental Shelf by any person if more than one major oil company, more than one affiliate of a major oil company, or a major oil company and any affiliate of a major oil company, has or have a significant ownership interest in such person. Such rule shall define affiliate relationships and signifi- cant ownership interests. (b) Definitions As used in this section: (1) The term ‘‘major oil company’’ means any person who, individually or together with any other person with respect to which such person has an affiliate relationship or signifi- cant ownership interest, produced during a 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