§3006 — Title 43 Public Lands | U.S. Code

Summary

For 10 years starting on August 16, 2022, the Secretary cannot approve wind or solar rights-of-way on Federal land unless two conditions are met. For onshore projects, there must have been an onshore lease sale within the 120 days before the right-of-way, and the total acres offered in onshore lease sales during the one-year period before the right-of-way must be at least the smaller of 2,000,000 acres or 50 percent of the acreage that people asked to be offered. For offshore wind leases, there must have been an offshore lease sale during the one-year period before the lease, and the total acres offered in offshore lease sales during that year must be at least 60,000,000 acres. Federal land = public lands. Offshore lease sale = an oil-and-gas lease sale under the Outer Continental Shelf Lands Act that leads to a lease if acceptable bids are received. Onshore lease sale = a quarterly oil-and-gas lease sale under section 226 of title 30 that leads to a lease if acceptable bids are received. Except for the specific rules above, nothing here changes other existing law.

Title 43, §3006

Public Lands — Source: USLM XML via OLRC

(a)In this section:

(1)The term “Federal land” means public lands (as defined in section 1702 of this title).

(2)The term “offshore lease sale” means an oil and gas lease sale—

(A)that is held by the Secretary in accordance with the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); and

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

(3)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)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)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