§7153 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary of the Interior must keep any powers not moved under section 7152(b). The Interior Secretary alone runs the issuing and oversight of Federal mineral leases and enforces the rules about those leases, like lease terms and production rates. Rules made by another Secretary cannot take away the Interior Secretary’s retained powers under section 7152(b)1. Nothing in section 7152(b)1 changes control over Indian lands and resources or moves the Interior Secretary’s duties for them. When a Secretary uses the authority in section 7152(b)1 to make rules, that Secretary must talk with the Interior Secretary while drafting them and give the Interior Secretary at least 30 days to review and comment before the Department first publishes or issues the rules. The Department of the Interior must lead any environmental impact statement required by section 4332(2)(C) for actions about these Federal leases, unless the action is only within the other Secretary’s exclusive authority.

Title 42, §7153

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary of the Interior shall retain any authorities not transferred under section 7152(b) 11 See References in Text note below. of this title and shall be solely responsible for the issuance and supervision of Federal leases and the enforcement of all regulations applicable to the leasing of mineral resources, including but not limited to lease terms and conditions and production rates. No regulation promulgated by the Secretary shall restrict or limit any authority retained by the Secretary of the Interior under section 7152(b) 1 of this title with respect to the issuance or supervision of Federal leases. Nothing in section 7152(b) 1 of this title shall be construed to affect Indian lands and resources or to transfer any functions of the Secretary of the Interior concerning such lands and resources.

(b)In exercising the authority under section 7152(b) 1 of this title to promulgate regulations, the Secretary shall consult with the Secretary of the Interior during the preparation of such regulations and shall afford the Secretary of the Interior not less than thirty days, prior to the date on which the Department first publishes or otherwise prescribes regulations, to comment on the content and effect of such regulations.

(c)

(d)The Department of the Interior shall be the lead agency for the purpose of preparation of an environmental impact statement required by section 4332(2)(C) of this title for any action with respect to the Federal leases taken under the authority of this section, unless the action involves only matters within the exclusive authority of the Secretary.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 7152(b) of this title, referred to in subsecs. (a) and (b), was repealed by Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407.

Amendments

1981—Subsec. (c). Pub. L. 97–100 struck out subsec. (c) which afforded the Secretary of Energy the opportunity to disapprove any terms and conditions on which the Secretary of the Interior proposed to issue a Federal lease.

§7153 Administration of leasing transfers