§ 698m-4. — Oil and gas exploration, development, and production in Big Cypress National Preserve and Addition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC698m-4]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 698m-4. Oil and gas exploration, development, and
production in Big Cypress National Preserve and Addition
(a) Promulgation of rules and regulations
Within nine months from April 29, 1988, the Secretary shall
promulgate, subject to the requirements of subsections (b)-(e) of this
section, such rules and regulations governing the exploration for and
development and production of non-Federal interests in oil and gas
located within the boundaries of the Big Cypress National Preserve and
the Addition, including but not limited to access on, across, or through
all lands within the boundaries of the Big Cypress National Preserve and
the Addition for the purpose of conducting such exploration or
development and production, as are necessary and appropriate to provide
reasonable use and enjoyment of privately owned oil and gas interests,
and consistent with the purposes for which the Big Cypress National
Preserve and the Addition were established. Rules and regulations
promulgated pursuant to the authority of this section may be made by
appropriate amendment to or in substitution of the rules and regulations
respecting non-Federal oil and gas rights (currently codified at 36 CFR
9.30, et seq. (1986)).
(b) Contents of rule or regulation; permit from National Park Service
Any rule or regulation promulgated by the Secretary under subsection
(a) of this section shall provide that--
(1) exploration or development and production activities may not
be undertaken, except pursuant to a permit issued by the National
Park Service authorizing such activities or access; and
(2) final action by the National Park Service with respect to
any application for a permit authorizing such activities shall occur
within 90 days from the date such an application is submitted
unless--
(A) the National Park Service and the applicant agree that
such final action shall occur within a shorter or longer period
of time; or
(B) the National Park Service determines that an additional
period of time is required to ensure that the National Park
Service has, in reviewing the application, complied with other
applicable law, Executive orders and regulations; or
(C) the National Park Service, within 30 days from the date
of submission of such application, notifies the applicant that
such application does not contain all information reasonably
necessary to allow the National Park Service to consider such
application and requests that such additional information be
provided. After receipt of such notification to the applicant,
the applicant shall supply any reasonably necessary additional
information and shall advise the National Park Service that the
applicant believes that the application contains all reasonably
necessary information and is therefore complete, whereupon the
National Park Service may--
(i) within 30 days of receipt of such notice from the
applicant to the National Park Service determine that the
application does not contain all reasonably necessary
additional information and, on that basis, deny the
application; or
(ii) review the application and take final action within
60 days from the date that the applicant provides
notification to the National Park Service that its
application is complete.
(c) Activities to conform to requirements of National Park Service
Such activities shall be permitted to occur if such activities
conform to requirements established by the National Park Service under
authority of law.
(d) Consideration of practices used in similar habitats or ecosystems
In establishing standards governing the conduct of exploration or
development and production activities within the boundaries of the Big
Cypress National Preserve or the Addition, the Secretary shall take into
consideration oil and gas exploration and development and production
practices used in similar habitats or ecosystems within the Big Cypress
National Preserve or the Addition at the time of promulgation of the
rules and regulations under subsection (a) of this section or at the
time of the submission of the application seeking authorization for such
activities, as appropriate.
(e) Interim agreements with owners of non-Federal oil and gas interests
prior to promulgation of rules and regulations
Prior to the promulgation of rules or regulations under this
section, the Secretary is authorized, consistent with the purposes of
which the Big Cypress National Preserve Addition was established, to
enter into interim agreements with owners of non-Federal oil and gas
interests governing the conduct of oil and gas exploration, development
or production activities within the boundaries of the Addition, which
agreements shall be superseded by the rules and regulations promulgated
by the Secretary when applicable: Provided, That such agreement shall be
consistent with the requirements of subsections (b)-(d) of this section
and may be altered by the terms of rules and regulations subsequently
promulgated by the Secretary: Provided further, That this provision
shall not be construed to enlarge or diminish the authority of the
Secretary to establish rules and regulations applicable to the conduct
of exploration or development and production activities within the Big
Cypress National Preserve or the Addition.
(f) Minerals Management Office; establishment; duties
There is hereby authorized to be established a Minerals Management
Office within the Office of the Superintendent of the Big Cypress
National Preserve, for the purpose of ensuring, consistent with the
purposes for which the Big Cypress National Preserve was established,
timely consideration of and final action on applications for the
exploration or development and production of non-Federal oil and gas
rights located beneath the surface of lands within the boundaries of the
Big Cypress National Preserve and the Addition.
(g) Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the activities set forth in this section.
(Pub. L. 93-440, Sec. 12, as added Pub. L. 100-301, Sec. 8, Apr. 29,
1988, 102 Stat. 446.)
Section Referred to in Other Sections
This section is referred to in sections 698f, 698g, 698h, 698i,
698j, 698m, 698m-1 of this title.
