§ 7153. Administration of leasing transfers

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1977

   Department of Energy Organization Act

   Pub. L. 95–91 title III § 303 · 91 Stat. 565

   Enacted · 42 U.S.C. § 7153

   Pub. L. 95–91, title III, § 303, Aug. 4, 1977, 91 Stat. 579

   Source evidence

   Code source credit
   Pub. L. 95–91, title III, § 303, Aug. 4, 1977, 91 Stat. 579

   Enacted provision · exact public law section
   Sec. 303. administration of leasing transfers (a) The Secretary of the Interior shall retain any authorities Federal leasing of mineral resources. 42 USC 7153. not transferred under section 302(b) of this Act 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 302(b) of this Indian lands. Act with respect to the issuance or supervision of Federal leases. Nothing in section 302(b) of this Act 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. (b) In exercising the authority under section 302(b) of this Act Regulations. to promulgate regulations, the Secretary shall consult with the Secretary of the Interior during the preparation of such regulations and shall afford the Secretary of the Interior not less than thirty days, prior to the date on which the Department first publishes or otherwise prescribes regulations, to comment on the content and effect of such regulations. (c) (1) The Secretary of the Interior shall afford the Secretary not Terms and conditions, disapproval. less than thirty days, prior to the date on which the Department of the Interior first publishes or otherwise prescribes the terms and conditions on which a Federal lease will be issued, to disapprove any term or condition of such lease which relates to any matter with respect to which the Secretary has authority to promulgate regulations under section 302(b) of this Act. No such term or condition may be included in such a lease if it is disapproved by the Secretary. The Secretary and the Secretary of the Interior may by agreement define circumstances under which a reasonable opportunity of less than thirty days may be afforded the Secretary to disapprove such terms and conditions. (2) Where the Secretary disapproves any lease, term, or condition under paragraph (1) of this subsection he shall furnish the Secretary of the Interior with a detailed written statement of the reasons for his disapproval, and of the alternatives which would be acceptable to him. (d) The Department of the Interior shall be the lead agency for the purpose of preparation of an environmental impact statement required by section 102(2) (C) of the National Environmental Policy Act of 1969 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.

2. 1981

   Pub. L. 97–100 title II § 201 · 95 Stat. 1391

   Struck · 42 U.S.C. § 7153(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

   Source evidence

   Code amendment note
   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.

1 of 2 references resolved to an enrolled provision · 1 partial