16 U.S.C. § 3149: Oil and gas lease applications

Summary

The Secretary must follow special procedures when he gets an oil and gas lease application under the Mineral Leasing Act of 1920 for Alaska lands that are in the National Wildlife Refuge System but not in the National Wilderness Preservation System. He must give a written explanation for issuing or denying the lease that says whether leasing fits the refuge’s purposes. If an environmental impact statement is not needed, he must decide within six months of getting the application. If an environmental impact statement is needed, he must decide within three months after the final statement is published.

Title 16, §3149

Conservation, Source: USLM XML via OLRC

(a)Lands within National Wildlife Refuge System but not part of National Wilderness Preservation System

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)Statement of reasons for decision to issue or not to issue lease

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)Environmental impact statement

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