,,ii ,calendar ,no4 #fgh #aaith ,,congress #b;d ,session ,s4 #edch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ag1 #bjbf,mr4 ,sullivan introduced the following bill2 which was read the first time ,september #bb1 #bjbf,read the second time and placed on the calendar ,a ,,bill ,to ratify and approve all authorizations1 permits1 verifications1 extensions1 biological opinions1 incidental take statements1 and any other approvals or orders issued pursuant to ,federal law necessary for the establishment and administration of the ,coastal ,plain oil and gas leasing program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,alaska's ,right to ,produce ,act #b4j4 #b4 ,findings ,congress finds that-- 7#a7 ,congress provided clear authorization and direction that the ,secretary of the ,interior shall establish and administer a competitive oil and gas program for the leasing1 development1 production1 and transportation of oil and gas in and from the ,coastal ,plain in section #bjjja7;b77#b77;,a7 of ,public ,law #aae-ig 7#af ,u4,s4,c4 #cadc note7 7commonly known as the ,tax ,cuts and ,jobs ,act72 7#b7 the timely administration of the ,coastal ,plain oil and gas leasing program is required and in the national and public interest2 7#c7 the cancelling of the leases by the ,secretary for tracts #af1 #ag1 #bd1 #bf1 #bg1 and #cj as listed in exhibit ,b of the document published by the ,bureau of ,land ,management entitled ,amendment to the ,detailed ,statement of ,sale and dated ,december #ah1 #bjbj 7relating to oil and gas leasing within the ,coastal ,plain ,alaska71 represents a major decision of economic and political significance that ,congress did not delegate to the ,secretary2 7#d7 the ,naval ,petroleum ,reserves ,production ,act of #aigf 7#db ,u4,s4,c4 #feja et seq47 requires that the ,bureau of ,land ,management allow for the exploration1 development1 and production of petroleum products in the ,national ,petroleum ,reserve in ,alaska2 and 7#e7 the final rule of the ,bureau of ,land ,management entitled ,management and ,protection of the ,national ,petroleum ,reserve in ,alaska 7#hi ,fed4 ,reg4 #chgab 7,may #g1 #bjbd771 which was later rescinded by the final rule of the ,bureau of ,land ,management entitled ,rescission of the ,management and ,protection of the ,national ,petroleum ,reserve in ,alaska ,regulations1 ,issued ,may #g1 #bjbd 7#ij ,fed4 ,reg4 #eadgj 7,november #ag1 #bjbe771 failed to reflect the intent of ,congress for the ,naval ,petroleum ,reserves ,production ,act of #aigf 7#db ,u4,s4,c4 #feja et seq474 #c4 ,definitions ,in this ,act3 7#a7 ,coastal ,plain ,the term ,coastal ,plain has the meaning given the term in section #bjjja7;a7 of ,public ,law #aae-ig 7#af ,u4,s4,c4 #cadc note74 7#b7 ,coastal plain oil and gas leasing program ,the term ,coastal ,plain oil and gas leasing program means the program established under section #bjjja7;b77#b77;,a7 of ,public ,law #aae-ig 7#af ,u4,s4,c4 #cadc note74 7#c7 ,regional ,corporation ,the term ,regional ,corporation has the meaning given the term in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #d4 ,congressional approval of orders 7a7 ,moratorium on ,oil and ,gas ,leasing ,any order or action by the ,president or the ,secretary that has the effect of placing a moratorium on or otherwise suspending or pausing oil and gas leasing in the ,coastal ,plain shall have no force or effect4 7b7 ,approval and ratification of existing documentation and authorizations ,notwithstanding any other provision of law1 ,congress-- 7#a7 ratifies and approves all authorizations1 permits1 verifications1 extensions1 biological opinions1 incidental take statements1 and any other approvals or orders issued pursuant to ,federal law1 as described in the record of decision published by the ,bureau of ,land ,management entitled ,coastal ,plain ,oil and ,gas ,leasing ,program ,record of ,decision and dated ,october #bjbe1 necessary for the establishment and administration of the ,coastal ,plain oil and gas leasing program2 and 7#b7 directs the ,secretary1 the ,administrator of the ,environmental ,protection ,agency1 and the heads of other ,federal departments and agencies1 as applicable1 to process1 reinstate1 or continue to maintain such authorizations1 permits1 verifications1 extensions1 biological opinions1 incidental take statements1 and any other approvals or orders described in paragraph 7#a74 7c7 ,applicability of other law ,notwithstanding any other provision of law1 the authorizations1 permits1 verifications1 extensions1 biological opinions1 incidental take statements1 and any other approvals or orders described in subsection 7b77#a7 shall be considered to satisfy the requirements of-- 7#a7 section #ajjb of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cadb72 7#b7 section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c772 7#c7 section #bjjja of ,public ,law #aae-ig 7#af ,u4,s4,c4 #cadc note72 7#d7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7#e7 the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfa et seq472 7#f7 subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code2 and 7#g7 section #cjfajh of title #ed1 ,united ,states ,code 7commonly referred to as the ,national ,historic ,preservation ,act71 on receipt of a resolution of approval of a cultural resources plan with reasonable mitigation measures by the ,native ,village of ,kaktovik4 #e4 ,coastal ,plain oil and gas leasing program 7a7 ,cancelling a lease ,notwithstanding any other provision of law1 the ,president and the ,secretary may not cancel a lease issued under the ,coastal ,plain oil and gas leasing program if the ,secretary has previously opened bids for such a lease or disclosed the high bidder for any tract that was included in a lease sale under the ,coastal ,plain oil and gas leasing program unless the lessee is in violation of the terms of the lease and fails to cure the violation after a reasonable period of time4 7b7 ,judicial review 7#a7 ,judicial preclusion ,notwithstanding any other provision of law and except as provided in paragraph 7#b71 no court shall have jurisdiction to review any action taken by the ,secretary1 the ,administrator of the ,environmental ,protection ,agency1 or any other ,federal agency1 or a ,state administrative agency or an ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 acting pursuant to ,federal law1 that grants an authorization1 permit1 verification1 biological opinion1 incidental take statement1 or other approval described in section #d7;b7 for the ,coastal ,plain oil and gas leasing program1 whether issued prior to1 on1 or after the date of enactment of this ,act1 and including any action pending in a court as of that date of enactment4 7#b7 ,forum exclusivity ,the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall have original and exclusive jurisdiction over any claim regarding-- 7,a7 the validity of this section2 or 7,b7 the scope of authority conferred by this section4 7#c7 ,right to petition 7,a7 ,in general ,notwithstanding paragraph 7#a71 a lease holder may obtain a review of an alleged failure by an agency to act in accordance with section #bjjja of ,public ,law #aae-ig 7#af ,u4,s4,c4 #cadc note7 or with any law pertaining to the grant of an authorization1 permit1 verification1 biological opinion1 incidental take statement1 or other approval related to a lease of the lease holder by filing a written petition with a court of competent jurisdiction seeking an order under subparagraph 7,b74 7,b7 ,deadlines ,if a court of competent jurisdiction finds that an agency has failed to act in accordance with section #bjjja of ,public ,law #aae-ig 7#af ,u4,s4,c4 #cadc note7 or with any law pertaining to the grant of an authorization1 permit1 verification1 biological opinion1 incidental take statement1 or other approval related to a lease of a lease holder1 the court shall set a schedule and deadline for the agency to act as soon as practicable1 which shall not exceed #ij days from the date on which the order of the court is issued1 unless the court determines a longer time period is necessary to comply with applicable law4 #f4 ,coastal plain unit agreements 7a7 ,unit agreements ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall promulgate regulations to establish and execute a unit agreement system for the ,coastal ,plain that is substantially similar to the unit agreement requirements described in section #ajg7;j7 of the ,naval ,petroleum ,reserves ,production ,act of #aigf 7#db ,u4,s4,c4 #fejf;a7j771 including the need for a public interest determination1 production allocation methodology1 benefit of operations1 and pooling4 7b7 ,consultation ,in making a public interest determination under the unit agreement system established under subsection 7a71 the ,secretary shall consult with-- 7#a7 with respect to the creation or expansion of units that include acreage in which the ,state of ,alaska or a ,regional ,corporation has an interest in the mineral estate1 the ,state of ,alaska or applicable ,regional ,corporation2 and 7#b7 with respect to land usage that would minimize the impact to surface resources and facilitate consolidation of facilities through shared infrastructure1 the ,north ,slope ,borough4 #g4 ,coastal ,plain exploration incentives and activities 7a7 ,exploration incentives 7#a7 ,waiver1 suspension1 or reduction 7,a7 ,in general ,to encourage the greatest ultimate recovery of oil and gas or in the interest of conservation of the ,coastal ,plain1 the ,secretary may waive1 suspend1 or reduce the rental fees or minimum royalty1 or reduce the royalty on an entire leasehold on the ,coastal ,plain 7including on any lease operated pursuant to a unit agreement71 whenever the ,secretary determines1 after consultation with the ,state of ,alaska and the ,north ,slope ,borough1 and with the concurrence of any ,regional ,corporation for a lease that includes land that was made available for acquisition by the ,regional ,corporation pursuant to applicable law1 that-- 7i7 a waiver1 suspension1 or reduction is necessary to promote development2 or 7ii7 the applicable lease cannot be successfully operated under the applicable terms4 7,b7 ,applicability ,subparagraph 7,a7 shall apply to any lease on the ,coastal ,plain that is in effect on or after the date of enactment of this ,act4 7#b7 ,suspension of operations and production ,notwithstanding any other provision of law1 the ,secretary may1 on the request of the lessee1 assent to the suspension of operations and production on any lease or unit on the ,coastal ,plain4 7#c7 ,suspension of payments 7,a7 ,in general ,in the interest of conservation of the ,coastal ,plain1 the ,secretary may direct or assent to the suspension of operations and production of any lease or unit on the ,coastal ,plain4 7,b7 ,payments ,if the operations or production of a lease or unit is suspended under subparagraph 7,a71 any payment of acreage rental or minimum royalty prescribed by that lease or unit shall be suspended during the period the lease or unit is suspended4 7,c7 ,extension ,if the operations or production of a lease or unit is suspended under subparagraph 7,a71 the term of that lease or unit shall be extended by adding the duration of the suspension period to the term of the lease or unit4 7b7 ,exploration activities 7#a7 ,in general ,any agency of the ,united ,states or person authorized by the ,secretary may conduct geological and geophysical exploration activities in the ,coastal ,plain which do not interfere with operations or production under any contract maintained or previously granted4 7#b7 ,information ,any agency of the ,united ,states or person authorized by the ,secretary carrying out activities described in paragraph 7#a7 shall provide to the ,secretary access to1 and copies of1 all data and information 7including processed1 analyzed1 and interpreted information7 obtained from those activities4 #h4 ,,npr-,a rule prohibition ,the ,secretary1 acting through the ,director of the ,bureau of ,land ,management1 may not take any action to finalize1 implement1 administer1 or enforce the final rule of the ,bureau of ,land ,management entitled ,management and ,protection of the ,national ,petroleum ,reserve in ,alaska 7#hi ,fed4 ,reg4 #chgab 7,may #g1 #bjbd771 or any substantially similar rule4 ,september #bb1 #bjbf,read the second time and placed on the calendar