Category: Law as Amended

(a) Energy Policy and Conservation Act definitions.—In this section, the terms “related facility”, “storage facility”, and “Strategic Petroleum Reserve” have the meanings given those terms in section 152 of the Energy Policy and Conservation Act (42 U.S.C. 6232).

(b) Appropriations.—In addition to amounts otherwise available, there is appropriated to the Department of Energy for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2029—

(1) $218,000,000 for maintenance of, including repairs to, storage facilities and related facilities of the Strategic Petroleum Reserve; and ^[1]Need tracking source

(2) $171,000,000 to acquire, by purchase, petroleum products for storage in the Strategic Petroleum Reserve. ^[2]Need tracking source

(c) Repeal of strategic petroleum reserve drawdown and sale mandate.—Section 20003 of Public Law 115–97 (42 U.S.C. 6241 note) is repealed. ^[3]OLRC actual source

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SEC. 50221. NATIONAL PARKS AND PUBLIC LANDS CONSERVATION AND RESILIENCE. In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $250,000,000, to remain available through September 30, 2031, to carry out projects for the conservation, protection, and resiliency of lands and resources administered by the National Park Service and Bureau of Land Management. None of the funds provided under this section shall be subject to cost-share or matching requirements.
^[1]Funding reduction

SEC. 50222. NATIONAL PARKS AND PUBLIC LANDS CONSERVATION AND ECOSYSTEM RESTORATION. In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $250,000,000, to remain available through September 30, 2031, to carry out conservation, ecosystem and habitat restoration projects on lands administered by the National Park Service and Bureau of Land Management. None of the funds provided under this section shall be subject to cost-share or matching requirements.
^[2]Funding reduction

SEC. 50223. NATIONAL PARK SERVICE EMPLOYEES. In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $500,000,000, to remain available through September 30, 2030, to hire employees to serve in units of the National Park System or national historic or national scenic trails administered by the National Park Service.
^[3]Funding reduction

^[4]https://www.gpo.gov/fdsys/pkg/PLAW-117publ169/pdf/PLAW-117publ169.pdf

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§3008. Renewable energy revenue sharing

(a) Definitions

In this section:

(1) County

The term “county” includes a parish, township, borough, and any other similar, independent unit of local government.

(2) Covered land

The term “covered land” means land that is-

(A) public land administered by the Secretary; and

(B) not excluded from the development of solar or wind energy under-

(i) a land use plan; or

(ii) other Federal law.

(3) National Forest System

(A) In general

The term “National Forest System” means land of the National Forest System (as defined in section 1609(a) of title 16) administered by the Secretary of Agriculture.

(B) Exclusion

The term “National Forest System” does not include any forest reserve not created from the public domain.

(4) Public land

The term “public land” means-

(A) public lands (as defined in section 1702 of this title); and

(B) National Forest System land.

(5) Renewable energy project

The term “renewable energy project” means a system described in section 2801.9(a)(4) of title 43, Code of Federal Regulations (as in effect on July 4, 2025), located on covered land that uses wind or solar energy to generate energy.

(6) Secretary

The term “Secretary” means-

(A) the Secretary of the Interior, with respect to land controlled or administered by the Secretary of the Interior; and

(B) the Secretary of Agriculture, with respect to National Forest System land.

(b) Disposition of revenue

(1) Disposition of revenues

Beginning on January 1, 2026, the amounts collected from a renewable energy project as bonus bids, rentals, fees, or other payments under a right-of-way, permit, lease, or other authorization shall-

(A) be deposited in the general fund of the Treasury; and

(B) without further appropriation or fiscal year limitation, be allocated as follows:

(i) 25 percent shall be paid from amounts in the general fund of the Treasury to the State within the boundaries of which the revenue is derived.

(ii) 25 percent shall be paid from amounts in the general fund of the Treasury to each county in a State within the boundaries of which the revenue is derived, to be allocated among each applicable county based on the percentage of county land from which the revenue is derived.

(2) Payments to States and counties

(A) In general

Amounts paid to States and counties under paragraph (1) shall be used in accordance with the requirements of section 191 of title 30.

(B) Payments in lieu of taxes

A payment to a county under paragraph (1) shall be in addition to a payment in lieu of taxes received by the county under chapter 69 of title 31.

(C) Timing

The amounts required to be paid under paragraph (1)(B) for an applicable fiscal year shall be made available in the fiscal year that immediately follows the fiscal year for which the amounts were collected.

^[1]https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3008&num=0&edition=prelim

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§3007. Renewable energy fees on Federal land

(a) Definitions

In this section:

(1) Annual Adjustment Factor

The term “Annual Adjustment Factor” means 3 percent.

(2) Encumbrance Factor

The term “Encumbrance Factor” means-

(A) 100 percent for a solar energy generation facility; and

(B) an amount determined by the Secretary, but not less than 10 percent for a wind energy generation facility.

(3) National Forest System

(A) In general

The term “National Forest System” means land of the National Forest System (as defined in section 1609(a) of title 16) administered by the Secretary of Agriculture.

(B) Exclusion

The term “National Forest System” does not include any forest reserve not created from the public domain.

(4) Per-Acre Rate

The term “Per-Acre Rate”, with respect to a right-of-way, means the average of the per-acre pastureland rental rates published in the Cash Rents Survey by the National Agricultural Statistics Service for the State in which the right-of-way is located over the 5 calendar-year period preceding the issuance or renewal of the right-of-way.

(5) Project

The term “project” means a system described in section 2801.9(a)(4) of title 43, Code of Federal Regulations (as in effect on July 4, 2025).

(6) Public land

The term “public land” means-

(A) public lands (as defined in section 1702 of this title); and

(B) National Forest System land.

(7) Renewable energy project

The term “renewable energy project” means a project located on public land that uses wind or solar energy to generate energy.

(8) Right-of-way

The term “right-of-way” has the meaning given the term in section 1702 of this title.

(9) Secretary

The term “Secretary” means-

(A) the Secretary of the Interior, with respect to land controlled or administered by the Secretary of the Interior; and

(B) the Secretary of Agriculture, with respect to National Forest System land.

(b) Acreage rent for wind and solar rights-of-way

(1) In general

Pursuant to section 1764(g) of this title, the Secretary shall, subject to paragraph (3) and not later than January 1 of each calendar year, collect from the holder of a right-of-way for a renewable energy project an acreage rent in an amount determined by the equation described in paragraph (2).

(2) Calculation of acreage rent rate

(A) Equation

The amount of an acreage rent collected under paragraph (1) shall be determined using the following equation: Acreage rent = A × B × ((1 + C)D)).

(B) Definitions

For purposes of the equation described in subparagraph (A):

(i) The letter “A” means the Per-Acre Rate.

(ii) The letter “B” means the Encumbrance Factor.

(iii) The letter “C” means the Annual Adjustment Factor.

(iv) The letter “D” means the year in the term of the right-of-way.

(3) Payment until production

The holder of a right-of-way for a renewable energy project shall pay an acreage rent collected under paragraph (1) until the date on which energy generation begins.

(c) Capacity fees

(1) In general

The Secretary shall, subject to paragraph (3), annually collect a capacity fee from the holder of a right-of-way for a renewable energy project based on the amount described in paragraph (2).

(2) Calculation of capacity fee

The amount of a capacity fee collected under paragraph (1) shall be equal to the greater of-

(A) an amount equal to the acreage rent described in subsection (b); and

(B) 3.9 percent of the gross proceeds from the sale of electricity produced by the renewable energy project.

(3) Multiple-use reduction factor

(A) Application

The holder of a right-of-way for a wind energy generation project may request that the Secretary apply a multiple-use reduction factor of 10-percent to the amount of a capacity fee determined under paragraph (2) by submitting to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(B) Approval

The Secretary may approve an application submitted under subparagraph (A) only if not less than 25 percent of the land within the area of the right-of-way is authorized for use, occupancy, or development with respect to an activity other than the generation of wind energy for the entirety of the year in which the capacity fee is collected.

(C) Late determination

(i) In general

If the Secretary approves an application under subparagraph (B) for a wind energy generation project after the date on which the holder of the right-of-way for the project begins paying a capacity fee, the Secretary shall apply the multiple-use reduction factor described in subparagraph (A) to the capacity fee for the first year beginning after the date of approval and each year thereafter for the period during which the right-of-way remains in effect.

(ii) Refund

The Secretary may not refund the holder of a right-of-way for the difference in the amount of a capacity fee paid in a previous year.

(d) Late payment fee; termination

(1) In general

The Secretary may charge the holder of a right-of-way for a renewable energy project a late payment fee if the Secretary does not receive payment for the acreage rent under subsection (b) or the capacity fee under subsection (c) by the date that is 15 days after the date on which the payment was due.

(2) Termination of right-of-way

The Secretary may terminate a right-of-way for a renewable energy project if the Secretary does not receive payment for the acreage rent under subsection (b) or the capacity fee under subsection (c) by the date that is 90 days after the date on which the payment was due.

^[1]43 USC 3007: Renewable energy fees on Federal land

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§472a. Timber sales on National Forest System lands

Statutory Notes and Related Subsidiaries

Timber Sales and Long-Term Contracting for the Forest Service

“(1) Definitions.-In this subsection:

“(A) Forest plan.-The term ‘forest plan’ means a land and resource management plan prepared by the Secretary for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).

“(B) National forest system.-

“(i) In general.-The term ‘National Forest System’ means land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))) administered by the Secretary.

“(ii) Exclusions.-The term ‘National Forest System’ does not include any forest reserve not created from the public domain.

“(C) Secretary.-The term ‘Secretary’ means the Secretary of Agriculture, acting through the Chief of the Forest Service.

“(2) Timber sales on public domain forest reserves.-

“(A) In general.-For each of fiscal years 2026 through 2034, the Secretary shall sell timber annually on National Forest System land in a total quantity that is not less than 250,000,000 board-feet greater than the quantity of board-feet sold in the previous fiscal year.

“(B) Limitation.-The timber sales under subparagraph (A) shall be subject to the maximum allowable sale quantity of timber or the projected timber sale quantity under the applicable forest plan in effect on the date of enactment of this Act [July 4, 2025].

“(3) Long-term contracting for the forest service.-

“(A) Long-term contracting.-For the period of fiscal years 2025 through 2034, the Secretary shall enter into not fewer than 40 long-term timber sale contracts with private persons or other public or private entities under subsection (a) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) for the sale of national forest materials (as defined in subsection (e)(1) of that section) in the National Forest System.

“(B) Contract length.-The period of a timber sale contract entered into to meet the requirement under subparagraph (A) shall be not less than 20 years, with options for extensions or renewals, as determined by the Secretary.

“(C) Receipts.-Any monies derived from a timber sale contract entered into to meet the requirements under subparagraphs (A) and (B) shall be deposited in the general fund of the Treasury.”

^[1]16 USC 472a: Timber sales on National Forest System lands

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§1701. Congressional declaration of policy

Timber Sales and Long-Term Contracting for the Bureau of Land Management

“(1) Definitions.-In this subsection:

“(A) Public lands.-The term ‘public lands’ has the meaning given the term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

“(B) Resource management plan.-The term ‘resource management plan’ means a land use plan prepared for public lands under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).

“(C) Secretary.-The term ‘Secretary’ means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

“(2) Timber sales on public lands.-

“(A) In general.-For each of fiscal years 2026 through 2034, the Secretary shall sell timber annually on public lands in a total quantity that is not less than 20,000,000 board-feet greater than the quantity of board-feet sold in the previous fiscal year.

“(B) Limitation.-The timber sales under subparagraph (A) shall be subject to the applicable resource management plan in effect on the date of enactment of this Act [July 4, 2025].

“(3) Long-term contracting for the bureau of land management.-

“(A) Long-term contracting.-For the period of fiscal years 2025 through 2034, the Secretary shall enter into not fewer than 5 long-term contracts with private persons or other public or private entities under section 1 of the Act of July 31, 1947 (commonly known as the ‘Materials Act of 1947’) (61 Stat. 681, chapter 406; 30 U.S.C. 601), for the disposal of vegetative materials described in that section on public lands.

“(B) Contract length.-The period of a contract entered into to meet the requirement under subparagraph (A) shall be not less than 20 years, with options for extensions or renewals, as determined by the Secretary.

“(C) Receipts.-Any monies derived from a contract entered into to meet the requirements under subparagraphs (A) and (B) shall be deposited in the general fund of the Treasury.”

^[2]43 USC 1701: Congressional declaration of policy

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Statutory Notes and Related Subsidiaries

Leases for Known Recoverable Coal Resources

“Notwithstanding section 2(a)(3)(A) of the Mineral Leasing Act (30 U.S.C. 201(a)(3)(A)) and section 202(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(a)), not later than 90 days after the date of enactment of this Act [July 4, 2025], the Secretary of the Interior shall make available for lease known recoverable coal resources of not less than 4,000,000 additional acres on Federal land located in the 48 contiguous States and Alaska subject to the jurisdiction of the Secretary, but which shall not include any Federal land within-

“(1) a National Monument;

“(2) a National Recreation Area;

“(3) a component of the National Wilderness Preservation System;

“(4) a component of the National Wild and Scenic Rivers System;

“(5) a component of the National Trails System;

“(6) a National Conservation Area;

“(7) a unit of the National Wildlife Refuge System;

“(8) a unit of the National Fish Hatchery System; or

“(9) a unit of the National Park System.”

^[1]30 USC 201: Leases and exploration

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Statutory Notes and Related Subsidiaries

Authorization To Mine Federal Coal

“(a) Authorization.-In order to provide access to coal reserves in adjacent State or private land that without an authorization could not be mined economically, Federal coal reserves located in Federal land subject to a mining plan previously approved by the Secretary of the Interior as of the date of enactment of this Act [July 4, 2025] and adjacent to coal reserves in adjacent State or private land are authorized to be mined.

“(b) Requirement.-Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall, without substantial modification, take such steps as are necessary to authorize the mining of Federal land described in subsection (a).

“(c) NEPA.-Nothing in this section shall prevent a review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).”

^[1] 30 USC 201: Leases and exploration

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§207. Conditions of lease

(a) Term of lease; annual rentals; royalties; readjustment of conditions

A coal lease shall be for a term of twenty years and for so long thereafter as coal is produced annually in commercial quantities from that lease. Any lease which is not producing in commercial quantities at the end of ten years shall be terminated. The Secretary shall by regulation prescribe annual rentals on leases. A lease shall require payment of a royalty in such amount as the Secretary shall determine of not less than
12½ percent, except such amount shall be not more than 7 percent during the period that begins on July 4, 2025, and ends September 30, 2034, of the value of coal as defined by regulation, except the Secretary may determine a lesser amount in the case of coal recovered by underground mining operations. The lease shall include such other terms and conditions as the Secretary shall determine. Such rentals and royalties and other terms and conditions of the lease will be subject to readjustment at the end of its primary term of twenty years and at the end of each ten-year period thereafter if the lease is extended.

(b) Diligent development and continued operation; suspension of condition on payment of advance royalties

(1) Each lease shall be subject to the conditions of diligent development and continued operation of the mine or mines, except where operations under the lease are interrupted by strikes, the elements, or casualties not attributable to the lessee.

(2) The Secretary of the Interior, upon determining that the public interest will be served thereby, may suspend the condition of continued operation upon the payment of advance royalties.

(3) Advance royalties described in paragraph (2) shall be no less than the production royalty which would otherwise be paid and shall be computed on a fixed reserve to production ratio (determined by the Secretary).

(4) Advance royalties described in paragraph (2) shall be computed-

(A) based on-

(i) the average price in the spot market for sales of comparable coal from the same region during the last month of each applicable continued operation year; or

(ii) in the absence of a spot market for comparable coal from the same region, by using a comparable method established by the Secretary of the Interior to capture the commercial value of coal; and

(B) based on commercial quantities, as defined by regulation by the Secretary of the Interior.

(5) The aggregate number of years during the period of any lease for which advance royalties may be accepted in lieu of the condition of continued operation shall not exceed 20 years.

(6) 1 The amount of any production royalty paid for any year shall be reduced (but not below 0) by the amount of any advance royalties paid under a lease described in paragraph (5) to the extent that the advance royalties have not been used to reduce production royalties for a prior year.

(6) 1 The Secretary may, upon six months’ notification to the lessee cease to accept advance royalties in lieu of the requirement of continued operation.

(7) Nothing in this subsection shall be construed to affect the requirement contained in the second sentence of subsection (a) relating to commencement of production at the end of ten years.

(c) Operation and reclamation plan

Prior to taking any action on a leasehold which might cause a significant disturbance of the environment, the lessee shall submit for the Secretary’s approval an operation and reclamation plan. The Secretary shall approve or disapprove the plan or require that it be modified. Where the land involved is under the surface jurisdiction of another Federal agency, that other agency must consent to the terms of such approval.

^[1] https://uscode.house.gov/view.xhtml?req=(title:30%20section:207%20edition:prelim)

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(a) Definitions.—In this section:

(1) COAL LEASE.—The term “coal lease” means a lease entered into by the United States as lessor, through the Bureau of Land Management, and an applicant on Bureau of Land Management Form 3400-012 (or a successor form that contains the terms of a coal lease).

(2) QUALIFIED APPLICATION.—The term “qualified application” means an application for a coal lease pending as of the date of enactment of this Act or submitted within 90 days thereafter under the lease by application program administered by the Bureau of Land Management pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) for which any required environmental review has commenced or the Director of the Bureau of Land Management determines can commence within 90 days after receiving the application.

(b) Coal leasing activities.—Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior—

(1) shall—

(A) with respect to each qualified application—

(i) if not previously published for public comment, publish any required environmental review;

(ii) establish the fair market value of the applicable coal tract;

(iii) hold a lease sale with respect to the applicable coal tract; and

(iv) identify the highest bidder at or above the fair market value and take all other intermediate actions necessary to identify the winning bidder and grant the qualified application; and

(2) may—

(A) with respect to a previously issued coal lease, grant any additional approvals of the Department of the Interior required for mining activities to commence; and

(B) after completing the actions required by clauses (i) through (iv) of paragraph (1)(A), grant the qualified application and issue the applicable lease to the person that submitted the qualified application if that person submitted the winning bid in the lease sale held under clause (iii) of paragraph (1)(A).

^[1]Secretary instructions

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Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment
Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.

National Petroleum Reserve–Alaska

Pub. L. 119–21, title V, §50105(a)–(d), July 4, 2025, 139 Stat. 143 , 144, provided that:

“(a) Definitions.-In this section:

“(1) NPR–A final environmental impact statement.-The term ‘NPR–A final environmental impact statement’ means the final environmental impact statement published by the Bureau of Land Management entitled ‘National Petroleum Reserve in Alaska Integrated Activity Plan Final Environmental Impact Statement’ and dated June 2020, including the errata sheet dated October 6, 2020, and excluding the errata sheet dated September 20, 2022.

“(2) NPR–A record of decision.-The term ‘NPR–A record of decision’ means the record of decision published by the Bureau of Land Management entitled ‘National Petroleum Reserve in Alaska Integrated Activity Plan Record of Decision’ and dated December 2020.

“(3) Program.-The term ‘Program’ means the competitive oil and gas leasing, exploration, development, and production program established under section 107 of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a).

“(4) Secretary.-The term ‘Secretary’ means the Secretary of the Interior.

“(b) Restoration of NPR–A Oil and Gas Leasing Program.-Effective beginning on the date of enactment of this Act [July 4, 2025], the Secretary shall expeditiously restore and resume oil and gas lease sales under the Program for domestic energy production and Federal revenue in the areas designated for oil and gas leasing as described in the NPR–A final environmental impact statement and the NPR–A record of decision.

“(c) Resumption of NPR–A Lease Sales.-

“(1) In general.-Subject to paragraph (2), the Secretary shall conduct not fewer than 5 lease sales under the Program by not later than 10 years after the date of enactment of this Act.

“(2) Sales acreages; schedule.-

“(A) Acreages.-In conducting the lease sales required under paragraph (1), the Secretary shall offer not fewer than 4,000,000 acres in each lease sale.

“(B) Schedule.-The Secretary shall offer-

“(i) an initial lease sale under paragraph (1) not later than 1 year after the date of enactment of this Act; and

“(ii) an additional lease sale under paragraph (1) not later than every 2 years after the date of enactment of this Act.

“(d) Terms and Stipulations for NPR–A Lease Sales.-In conducting lease sales under subsection (c), the Secretary shall offer the same lease form, lease terms, economic conditions, and stipulations as described in the NPR–A final environmental impact statement and the NPR–A record of decision.”

^[1]42 USC 6506a: Competitive leasing of oil and gas

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§6506a. Competitive leasing of oil and gas

(a) In general

The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the Reserve in accordance with this Act.

(b) Mitigation of adverse effects

Activities undertaken pursuant to this Act shall include or provide for such conditions, restrictions, and prohibitions as the Secretary deems necessary or appropriate to mitigate reasonably foreseeable and significantly adverse effects on the surface resources of the National Petroleum Reserve in Alaska.

(c) Land use planning; BLM wilderness study

The provisions of section 1712 and section 1782 of title 43 shall not be applicable to the Reserve.

(d) First lease sale

The; 1 first lease sale shall be conducted within twenty months of December 12, 1980: Provided, That the first lease sale shall be conducted only after publication of a final environmental impact statement if such is deemed necessary under the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(e) Withdrawals

The withdrawals established by section 6502 of this title are rescinded for the purposes of the oil and gas leasing program authorized under this section.

(f) Bidding systems

Bidding systems used in lease sales shall be based on bidding systems included in section 205(a)(1)(A) through (H) 2 of the Outer Continental Shelf Lands Act Amendments of 1978 (92 Stat. 629).

(g) Geological structures

Lease tracts may encompass identified geological structures.

(h) Size of lease tracts

The size of lease tracts may be up to sixty thousand acres, as determined by the Secretary.

(i) Terms

(1) In general

Each lease shall be issued for an initial period of not more than 10 years, and shall be extended for so long thereafter as oil or gas is produced from the lease in paying quantities, oil or gas is capable of being produced in paying quantities, or drilling or reworking operations, as approved by the Secretary, are conducted on the leased land.

(2) Renewal of leases with discoveries

At the end of the primary term of a lease the Secretary shall renew for an additional 10-year term a lease that does not meet the requirements of paragraph (1) if the lessee submits to the Secretary an application for renewal not later than 60 days before the expiration of the primary lease and the lessee certifies, and the Secretary agrees, that hydrocarbon resources were discovered on one or more wells drilled on the leased land in such quantities that a prudent operator would hold the lease for potential future development.

(3) Renewal of leases without discoveries

At the end of the primary term of a lease the Secretary shall renew for an additional 10-year term a lease that does not meet the requirements of paragraph (1) if the lessee submits to the Secretary an application for renewal not later than 60 days before the expiration of the primary lease and pays the Secretary a renewal fee of $100 per acre of leased land, and-

(A) the lessee provides evidence, and the Secretary agrees that, the lessee has diligently pursued exploration that warrants continuation with the intent of continued exploration or future potential development of the leased land; or

(B) all or part of the lease-

(i) is part of a unit agreement covering a lease described in subparagraph (A); and

(ii) has not been previously contracted out of the unit.

(4) Applicability

This subsection applies to a lease that is in effect on or after August 8, 2005.

(5) Expiration for failure to produce

Notwithstanding any other provision of this Act, if no oil or gas is produced from a lease within 30 years after the date of the issuance of the lease the lease shall expire.

(6) Termination

No lease issued under this section covering lands capable of producing oil or gas in paying quantities shall expire because the lessee fails to produce the same due to circumstances beyond the control of the lessee.

(j) Unit agreements

(1) In general

For the purpose of conservation of the natural resources of all or part of any oil or gas pool, field, reservoir, or like area, lessees (including representatives) of the pool, field, reservoir, or like area may unite with each other, or jointly or separately with others, in collectively adopting and operating under a unit agreement for all or part of the pool, field, reservoir, or like area (whether or not any other part of the oil or gas pool, field, reservoir, or like area is already subject to any cooperative or unit plan of development or operation), if the Secretary determines the action to be necessary or advisable in the public interest. In determining the public interest, the Secretary should consider, among other things, the extent to which the unit agreement will minimize the impact to surface resources of the leases and will facilitate consolidation of facilities.

(2) Consultation

In making a determination under paragraph (1), the Secretary shall consult with and provide opportunities for participation by the State of Alaska or a Regional Corporation (as defined in section 1602 of title 43) with respect to the creation or expansion of units that include acreage in which the State of Alaska or the Regional Corporation has an interest in the mineral estate.

(3) Production allocation methodology

(A) The Secretary may use a production allocation methodology for each participating area within a unit that includes solely Federal land in the Reserve.

(B) The Secretary shall use a production allocation methodology for each participating area within a unit that includes Federal land in the Reserve and non-Federal land based on the characteristics of each specific oil or gas pool, field, reservoir, or like area to take into account reservoir heterogeneity and area variation in reservoir producibility across diverse leasehold interests. The implementation of the foregoing production allocation methodology shall be controlled by agreement among the affected lessors and lessees.

(4) Benefit of operations

Drilling, production, and well reworking operations performed in accordance with a unit agreement shall be deemed to be performed for the benefit of all leases that are subject in whole or in part to such unit agreement.

(5) Pooling

If separate tracts cannot be independently developed and operated in conformity with an established well spacing or development program, any lease, or a portion thereof, may be pooled with other lands, whether or not owned by the United States, under a communitization or drilling agreement providing for an apportionment of production or royalties among the separate tracts of land comprising the drilling or spacing unit when determined by the Secretary of the Interior (in consultation with the owners of the other land) to be in the public interest, and operations or production pursuant to such an agreement shall be deemed to be operations or production as to each such lease committed to the agreement.

(k) Exploration incentives

(1) In general

(A) Waiver, suspension, or reduction

To encourage the greatest ultimate recovery of oil or gas or in the interest of conservation, the Secretary may waive, suspend, or reduce the rental fees or minimum royalty, or reduce the royalty on an entire leasehold (including on any lease operated pursuant to a unit agreement), whenever (after consultation with the State of Alaska and the North Slope Borough of Alaska and the concurrence of any Regional Corporation for leases that include land that was made available for acquisition by the Regional Corporation under the provisions of section 1431(o) of the Alaska National Interest Lands Conservation Act) in the judgment of the Secretary it is necessary to do so to promote development, or whenever in the judgment of the Secretary the leases cannot be successfully operated under the terms provided therein.

(B) Applicability

This paragraph applies to a lease that is in effect on or after August 8, 2005..1

(2) Suspension of operations and production

The Secretary may direct or assent to the suspension of operations and production on any lease or unit.

(3) Suspension of payments

If the Secretary, in the interest of conservation, shall direct or assent to the suspension of operations and production on any lease or unit, any payment of acreage rental or minimum royalty prescribed by such lease or unit likewise shall be suspended during the period of suspension of operations and production, and the term of such lease shall be extended by adding any such suspension period to the lease.

(l) Receipts

(1) In general

Except as provided in paragraph (2), all receipts from sales, rentals, bonuses, and royalties on leases issued pursuant to this section shall be paid into the Treasury of the United States: Provided, That 50 percent thereof shall be paid by the Secretary of the Treasury semiannually, as soon thereafter as practicable after March 30 and September 30 each year, to the State of Alaska for: (1) planning; (2) construction, maintenance, and operation of essential public facilities; and (3) other necessary provisions of public service: Provided further, That in the allocation of such funds, the State shall give priority to use by subdivisions of the State most directly or severely impacted by development of oil and gas leased under this Act.

(2) Percent share for fiscal year 2034 and thereafter

Beginning in fiscal year 2034, of the receipts from sales, rentals, bonuses, and royalties on leases issued pursuant to this section after July 4, 2025-

(A) 70 percent shall be paid to the State of Alaska; and

(B) 30 percent shall be paid into the Treasury of the United States.

(m) Explorations

Any agency of the United States and any person authorized by the Secretary may conduct geological and geophysical explorations in the National Petroleum Reserve in Alaska which do not interfere with operations under any contract maintained or granted previously. Any information acquired in such explorations shall be subject to the conditions of 43 U.S.C. 1352(a)(1)(A).

(n) Environmental impact statements

(1) Judicial review

Any action seeking judicial review of the adequacy of any program or site-specific environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) concerning oil and gas leasing in the National Petroleum Reserve-Alaska shall be barred unless brought in the appropriate District Court within 60 days after notice of the availability of such statement is published in the Federal Register.

(2) Initial lease sales

The detailed environmental studies and assessments that have been conducted on the exploration program and the comprehensive land-use studies carried out in response to sections 3 6505(b) and (c) of this title shall be deemed to have fulfilled the requirements of section 102(2)(c) 4 of the National Environmental Policy Act (Public Law 91–190) [42 U.S.C. 4332(2)(C)], with regard to the first two oil and gas lease sales in the National Petroleum Reserve-Alaska: Provided, That not more than a total of 2,000,000 acres may be leased in these two sales: Provided further, That any exploration or production undertaken pursuant to this section shall be in accordance with section 6504(a) of this title.

(o) Regulations

As soon as practicable after August 8, 2005, the Secretary shall issue regulations to implement this section.

(p) Waiver of administration for conveyed lands

(1) In general

Notwithstanding section 1613(g) of title 43-

(A) the Secretary of the Interior shall waive administration of any oil and gas lease to the extent that the lease covers any land in the Reserve in which all of the subsurface estate is conveyed to the Arctic Slope Regional Corporation (referred to in this subsection as the “Corporation”);

(B)(i) in a case in which a conveyance of a subsurface estate described in subparagraph (A) does not include all of the land covered by the oil and gas lease, the person that owns the subsurface estate in any particular portion of the land covered by the lease shall be entitled to all of the revenues reserved under the lease as to that portion, including, without limitation, all the royalty payable with respect to oil or gas produced from or allocated to that portion;

(ii) in a case described in clause (i), the Secretary of the Interior shall-

(I) segregate the lease into 2 leases, 1 of which shall cover only the subsurface estate conveyed to the Corporation; and

(II) waive administration of the lease that covers the subsurface estate conveyed to the Corporation; and

(iii) the segregation of the lease described in clause (ii)(I) has no effect on the obligations of the lessee under either of the resulting leases, including obligations relating to operations, production, or other circumstances (other than payment of rentals or royalties); and

(C) nothing in this subsection limits the authority of the Secretary of the Interior to manage the federally-owned surface estate within the Reserve.

^[2]42 USC 6506a: Competitive leasing of oil and gas

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