Title 42, The Public Health and WelfareRelease 119-110

§6213 Certain Lease Bidding Arrangements Prohibited

Title 42 › CHAPTER 77 — ENERGY CONSERVATION › SUBCHAPTER I — DOMESTIC SUPPLY AVAILABILITY › Part A — Domestic Supply › § 6213

Last updated Sep 22, 2026|Official source

Summary

The Secretary of the Interior must, no later than 30 days after December 22, 1975, make a rule that stops anyone from bidding for rights to develop oil, natural gas, or natural gas liquids on the Outer Continental Shelf when the bidder is significantly owned by more than one major oil company, more than one affiliate of a major oil company, or a major oil company together with its affiliate. The rule must explain what counts as an affiliate and what counts as a significant ownership interest. Definitions (one line each): "Major oil company" — a company that, alone or with related firms it owns or controls, averaged at least 1,600,000 barrels per day of oil and gas equivalents in a 6‑month period set by the Secretary. "Barrel of natural gas equivalent" — 5,626 cubic feet of gas at 14.73 psi and 60°F. "Barrel of natural gas liquids equivalent" — 1.454 barrels of NGL at 60°F. The Secretary can grant exemptions after a hearing if the lands are extremely costly to explore or develop and development won’t happen without the exemption; those decisions are final unless arbitrary or capricious. The rule does not stop combining producing fields to increase recovery. The Secretary must report to Congress, within 6 months after December 22, 1975, on whether the ban should be extended to other Federal lands and to coal and oil shale.

Full Legal Text

Title 42, §6213

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

(a)Promulgation of rule by Secretary of the Interior (b) Definitions
The Secretary of the Interior shall, not later than 30 days after December 22, 1975, prescribe and make effective a rule which prohibits the bidding for any right to develop crude oil, natural gas, and natural gas liquids on any lands located on the Outer Continental Shelf by any person if more than one major oil company, more than one affiliate of a major oil company, or a major oil company and any affiliate of a major oil company, has or have a significant ownership interest in such person. Such rule shall define affiliate relationships and significant ownership interests.
(c)Exemptions
The Secretary may, in his discretion, consider a request from any person described in subsection (a) of this section for an exemption from the prohibition of this section. In considering any such request, the Secretary may exempt bidding for leases for lands in any area only if the Secretary finds, on the record after opportunity for an agency hearing, that—
(1)such lands have extremely high cost exploration or development problems; and
(2)exploration and development will not occur on such lands unless such exemption is granted.
Findings of the Secretary under this subsection shall be final, and shall not be invalidated unless found to be arbitrary or capricious.
(d)Unitization of producing fields
This section shall not be construed to prohibit the unitization of producing fields to increase production or maximize ultimate recovery of oil or natural gas, or both.
(e)Report to Congress covering extension of restrictions on joint bidding
The Secretary shall study and report to the Congress, not later than 6 months after December 22, 1975, with respect to the feasibility and desirability of extending the prohibition on joint bidding to—
(1)bidding for any right to develop crude oil, natural gas, and natural gas liquids on Federal lands other than those located on the Outer Continental Shelf; and
(2)bidding for any right to develop coal and oil shale on such lands.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1978—Subsec. (c). Pub. L. 95–372 substituted “in his discretion, consider a request from any person described in subsection (a) of this section for an exemption from the prohibition of this section” for “by amendment to the rule, exempt bidding for leases for lands located in frontier or other areas determined by the Secretary to be extremely high risk lands or to present unusually high cost exploration, or development, problems” in existing provisions and inserted provisions setting out the requisite finding of the Secretary and making arbitrariness and capriciousness of the Secretary’s findings the only bases for invalidation of those findings.

Statutory Notes and Related Subsidiaries

Transfer of Functions

Functions of Secretary of the Interior to promulgate

Regulations

under this chapter relating to fostering of competition for Federal leases and to implementation of alternative bidding systems authorized for award of Federal leases transferred to Secretary of Energy by section 7152(b) of this title. section 7152(b) of this title repealed by Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of Energy returned to Secretary of the Interior. See

House Report No. 97–315

, pp. 25, 26, Nov. 5, 1981.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6213

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110