§3149 — Title 16 Conservation | U.S. Code

Summary

When the Secretary gets an oil and gas lease application for land in Alaska that is inside a National Wildlife Refuge but not inside a national wilderness area, he must follow these extra procedures in addition to any other laws. Any decision to approve or deny the lease must include a short written explanation saying why leasing would or would not fit the refuge’s purposes. If the environmental-review rules in 42 U.S.C. 4332(2)(C) do not apply, the Secretary must decide within 6 months after he receives the application. If those rules do apply, he must decide within 3 months after the final environmental impact statement is published.

Title 16, §3149

Conservation — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law or regulation, whenever the Secretary receives an application for an oil and gas lease pursuant to the Mineral Leasing Act of 1920 [30 U.S.C. 181 et seq.] for lands in Alaska within a unit of the National Wildlife Refuge System which are not also part of the national Wilderness Preservation System he shall, in addition to any other requirements of applicable law, follow the procedures set forth in this section.

(b)Any decision to issue or not to issue a lease shall be accompanied by a statement setting forth the reasons for the decision, including the reasons why oil and gas leasing would be compatible or incompatible with the purposes of the refuge.

(c)If the Secretary determines that the requirements of section 4332(2)(C) of title 42 do not apply to his decision, the Secretary shall render his decision within six months after receipt of a lease application. If such requirements are applicable to the Secretary’s decision, he shall render his decision within three months after publication of the final environmental impact statement.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Mineral Leasing Act of 1920, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 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.

§3149 Oil and gas lease applications