42 U.S.C. § 7153: Administration of leasing…

Summary

The Secretary of the Interior keeps any powers not moved under section 7152(b) and is the only one who issues and oversees Federal mineral leases and enforces the rules about those leases, including lease terms and production rates. No rule made by the Secretary acting under section 7152(b) can cut into the Interior Secretary’s lease powers. Nothing in section 7152(b) changes or moves the Interior Secretary’s duties for Indian lands and resources. When the Secretary acting under section 7152(b) makes rules, they must talk with the Secretary of the Interior while drafting them and must give the Interior Secretary at least 30 days to comment before the Department first publishes the rules. The Department of the Interior leads any environmental impact statement under section 4332(2)(C) for actions about those 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)Authority retained by Secretary of the Interior (b) Consultation with Secretary of the Interior with respect to promulgation of regulations

The Secretary of the Interior shall retain any authorities not transferred under section 7152(b) 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) of this title with respect to the issuance or supervision of Federal leases. Nothing in section 7152(b) 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.

(c)Repealed. Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407

(d)Preparation of environmental impact statement

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