43 U.S.C. § 3006: Ensuring energy security

Summary

Definitions: Federal land — public lands. Offshore lease sale — an offshore oil and gas lease sale held under the Outer Continental Shelf laws that leads to a lease if acceptable bids are made. Onshore lease sale — a quarterly onshore oil and gas lease sale held under law that leads to a lease if acceptable bids are made. Over the 10-year period starting on August 16, 2022, the Secretary may not give a right-of-way for wind or solar on Federal land unless an onshore lease sale was held within the 120 days before the right-of-way is issued and the total acres offered in onshore lease sales during the 1-year period before issuance is at least the smaller of 2,000,000 acres or 50% of the acres for which people expressed interest. The Secretary may not issue an offshore wind lease unless an offshore lease sale was held in the prior year and offshore lease sales offered at least 60,000,000 acres in that year. Other laws stay in effect except where these limits apply.

Title 43, §3006

Public Lands, Source: USLM XML via OLRC

(a)Definitions

In this section: (1) Federal land (2) Offshore lease sale

(3)Onshore lease sale

The term “onshore lease sale” means a quarterly oil and gas lease sale—

(A)that is held by the Secretary in accordance with section 226 of title 30; and

(B)that, if any acceptable bids have been received for any parcel offered in the lease sale, results in the issuance of a lease.

(b)Limitation on issuance of certain leases or rights-of-way

During the 10-year period beginning on August 16, 2022—

(1)the Secretary may not issue a right-of-way for wind or solar energy development on Federal land unless—

(A)an onshore lease sale has been held during the 120-day period ending on the date of the issuance of the right-of-way for wind or solar energy development; and

(B)the sum total of acres offered for lease in onshore lease sales during the 1-year period ending on the date of the issuance of the right-of-way for wind or solar energy development is not less than the lesser of—

(i)2,000,000 acres; and

(ii)50 percent of the acreage for which expressions of interest have been submitted for lease sales during that period; and

(2)the Secretary may not issue a lease for offshore wind development under section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) unless—

(A)an offshore lease sale has been held during the 1-year period ending on the date of the issuance of the lease for offshore wind development; and

(B)the sum total of acres offered for lease in offshore lease sales during the 1-year period ending on the date of the issuance of the lease for offshore wind development is not less than 60,000,000 acres.

(c)Savings

Except as expressly provided in paragraphs (1) and (2) of subsection (b), nothing in this section supersedes, amends, or modifies existing law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Outer Continental Shelf Lands Act, referred to in subsec. (a)(2)(A), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1301 of this title and Tables. Codification Section was enacted as part of Pub. L. 117–169, and not as part of subtitle B of title III of div. Z of Pub. L. 116–260 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definitions Pub. L. 117–169, title V, § 50211, Aug. 16, 2022, 136 Stat. 2052, provided that: “In this subtitle [subtitle B (§§ 50211–50281), enacting this section, section 1356c of this title, and section 1727 of Title 30, Mineral Lands and Mining, and amending section 1331, 1337, and 1344 of this title and section 188 and 226 of Title 30]: “(1) Secretary.—The term ‘Secretary’ means the Secretary of the Interior. “(2) United states insular areas.—The term ‘United States Insular Areas’ means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico, and the United States Virgin Islands.”

§3006 Ensuring Energy Security