§ 3148. — Oil and gas leasing program for nonNorth Slope Federal lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3148]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER III--FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING
PROGRAM AND MINERAL ASSESSMENTS
Sec. 3148. Oil and gas leasing program for non-North Slope
Federal lands
(a) Establishment; restrictions
The Secretary shall establish, pursuant to the Mineral Leasing Act
of 1920, as amended [30 U.S.C. 181 et seq.], an oil and gas leasing
program on the Federal lands of Alaska not subject to the study required
by section 3141 of this title, other than lands included in the National
Petroleum Reserve--Alaska. Such program shall not be undertaken by the
Secretary on those lands where applicable law prohibits such leasing or
on those units of the National Wildlife Refuge System where the
Secretary determines, after having considered the national interest in
producing oil and gas from such lands, that the exploration for and
development of oil or gas would be incompatible with the purpose for
which such unit was established.
(b) Study of oil and gas potential and impact of development and
production; permits; consultations; State studies
(1)(A) In such areas as the Secretary deems favorable for the
discovery of oil or gas, he shall conduct a study, or studies, or
collect and analyze information obtained by permittees authorized to
conduct studies under this section, of the oil and gas potential of such
lands and those environmental characteristics and wildlife resources
which would be affected by the exploration for and development of such
oil and gas.
(B) The Secretary is authorized to issue permits for study,
including geological, geophysical, and other assessment activities, if
such activities can be conducted in a manner which is consistent with
the purposes for which each affected area is managed under applicable
law.
(2) The Secretary shall consult with the Secretary of Energy
regarding the national interest involved in exploring for and developing
oil and gas from such lands and shall seek the views of the Governor of
the State of Alaska, Alaskan local governments, Native Regional and
Village Corporations, the Alaska Land Use Council, representatives of
the oil and gas industry, conservation groups, and other interested
groups and individuals in determining which land should be studied and/
or leased for the exploration and development of oil and gas.
(3) The Secretary shall encourage the State to undertake similar
studies on lands associated, either through geological or other land
values or because of possible transportation needs, with Federal lands.
The Secretary shall integrate these studies, to the maximum extent
practicable, with studies on Federal lands so that needs for cooperation
between the Federal Government and the State of Alaska in managing
energy and other natural resources, including fish and wildlife, can be
established early in the program.
(c) Repealed. Pub. L. 100-203, title V, Sec. 5105(1), Dec. 22, 1987, 101
Stat. 1330-259
(d) Issuance of leases; competitive bidding
Pursuant to the Mineral Leasing Act of 1920, as amended [30 U.S.C.
181 et seq.], the Secretary is authorized to issue leases, on the
Federal lands described in this section, under such terms and conditions
as he may, by regulation, prescribe.
(e) Repealed. Pub. L. 100-203, title V, Sec. 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 approve such
plan if such activities can be conducted in conformity with such
requirements as may be made by the Secretary for the protection 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 paying quantities, and
prior to developing and producing such oil and gas, the Secretary shall
require the lessee to describe development and production activities in
a development and production plan. He shall approve such plan if such
activities may be conducted in conformity with such requirements as may
be made by the Secretary for the protection and use of the land for the
purpose for which it is managed under applicable 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 economic changes, new
requirements are needed, he may require a revised development and
production plan.
(i) Suspension and cancellation of lease
If the Secretary determines that immediate and irreparable damage
will result from continuation in force of a lease, that the threat will
not disappear and that the advantages of cancellation outweigh the
advantages of continuation in force of a lease, he shall suspend
operations for up to five years. If such a threat persists beyond such
five-year suspension period, he shall cancel a lease and provide
compensation to the lease under such terms as the Secretary establishes,
by regulation, to be appropriate.
(Pub. L. 96-487, title X, Sec. 1008, Dec. 2, 1980, 94 Stat. 2454; Pub.
L. 100-203, title V, Sec. 5105, Dec. 22, 1987, 101 Stat. 1330-259.)
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, as amended,
known as the Mineral Leasing Act, which is classified generally to
chapter 3A (Sec. 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 section 181 of Title 30 and Tables.
Codification
Subsec. (b)(4) of this section, which required the Secretary to
report yearly to Congress on efforts pursuant to Pub. L. 96-487
regarding the leasing of, and exploration 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, Sec. 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 Secretary determines that sufficient interest has been
indicated 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 petroleum geological provinces'). In making such
determination, the Secretary shall utilize all information obtained in
studies conducted under subsection (b) of this section as well as any
other information he may develop or require by regulation to be
transmitted.''
Subsec. (d). Pub. L. 100-203, Sec. 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, Sec. 5105(1), struck out subsec. (e)
which read as follows: ``At such time as paying quantities of oil or gas
are discovered under a noncompetitive lease issued pursuant to the
Mineral Leasing Act of 1920, the Secretary shall suspend all further
noncompetitive leasing in the area and shall determine the favorable
petroleum geological province in proximity to such discovery. All
further leasing in such area shall be in accordance with the
requirements of subsection (d) of this section.''
