Alaska’s Right to Produce Act of 2023
Sponsored by Pete Stauber
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
May 2, 2024
Alaska's Right to Produce Act of 2023 authorizes oil and gas leasing in the Arctic National Wildlife Refuge's 1002 Area by nullifying any presidential or Interior Department moratoriums on such leasing. The bill requires the Department of the Interior to accept bids and reissue previously canceled leases within 30 days and conduct a second lease sale by December 22, 2024. It ratifies all existing permits and authorizations for the Coastal Plain Oil and Gas Leasing Program and requires federal agencies to process and maintain them. The bill also nullifies certain environmental management rules and executive orders related to oil and gas development in Alaska, requires congressional approval before the Bureau of Land Management can designate new protected areas in the National Petroleum Reserve in Alaska, and limits judicial review of lease approvals under the leasing program.
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Alaska’s Right to Produce Act of 2023 This bill provides for oil and gas leases in the Arctic National Wildlife Refuge (ANWR). Specifically, the bill nullifies any order or action by the President or the Department of the Interior that places a moratorium on, suspends, or otherwise pauses leasing in ANWR's 1002 Area. It also ratifies and approves all authorizations and permits issued for the establishment and administration of the Coastal Plain Oil and Gas Leasing Program. The Environmental Protection Agency and other applicable federal departments and agencies must process, reinstate, or continue to maintain such authorizations and permits. Within 30 days of the bill's enactment, Interior must accept bids for certain ANWR leases that were canceled and reissue the leases. The bill states that the reissued leases must be considered to meet the requirements of specified existing laws, such as the Endangered Species Act of 1973. By December 22, 2024, Interior must also conduct a second lease sale. Further, the bill limits the authority of the President and Interior to cancel future leases issued under the program. The bill also directs the Bureau of Land Management (BLM) to withdraw its Notice of Availability of the Draft Coastal Plain Oil and Gas Leasing Program Supplemental Environmental Impact Statement . It also nullifies (1) BLM's final rule based on the proposed rule titled Management and Protection of the National Petroleum Reserve in Alaska (NPR-A), (2) Section 4 of Executive Order 13990, and (3) Secretarial Order 3401. In addition, BLM must obtain congressional approval prior to designating any new protected Special Areas, adding resource values to existing Special Areas, or expanding existing Special Areas in the NPR-A. Finally, the bill limits judicial review of approvals of leases under the Coastal Plain Oil and Gas Leasing Program.