SenateS. 5438119th Congress
Alaska’s Right to Produce Act 2.0
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5438 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 678
119th CONGRESS
2d Session
S. 5438
To ratify and approve all authorizations, permits, verifications,
extensions, biological opinions, incidental take statements, and any
other approvals or orders issued pursuant to Federal law necessary for
the establishment and administration of the Coastal Plain oil and gas
leasing program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 17, 2026
Mr. Sullivan introduced the following bill; which was read the first
time
September 22, 2026
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To ratify and approve all authorizations, permits, verifications,
extensions, biological opinions, incidental take statements, and any
other approvals or orders issued pursuant to Federal law necessary for
the establishment and administration of the Coastal Plain oil and gas
leasing program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska's Right to Produce Act 2.0''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Congress provided clear authorization and direction
that the Secretary of the Interior ``shall establish and
administer a competitive oil and gas program for the leasing,
development, production, and transportation of oil and gas in
and from the Coastal Plain'' in section 20001(b)(2)(A) of
Public Law 115-97 (16 U.S.C. 3143 note) (commonly known as the
``Tax Cuts and Jobs Act'');
(2) the timely administration of the Coastal Plain oil and
gas leasing program is required and in the national and public
interest;
(3) the cancelling of the leases by the Secretary for
tracts 16, 17, 24, 26, 27, and 30 as listed in exhibit B of the
document published by the Bureau of Land Management entitled
``Amendment to the Detailed Statement of Sale'' and dated
December 18, 2020 (relating to oil and gas leasing within the
Coastal Plain Alaska), represents a major decision of economic
and political significance that Congress did not delegate to
the Secretary;
(4) the Naval Petroleum Reserves Production Act of 1976 (42
U.S.C. 6501 et seq.) requires that the Bureau of Land
Management allow for the exploration, development, and
production of petroleum products in the National Petroleum
Reserve in Alaska; and
(5) the final rule of the Bureau of Land Management
entitled ``Management and Protection of the National Petroleum
Reserve in Alaska'' (89 Fed. Reg. 38712 (May 7, 2024)), which
was later rescinded by the final rule of the Bureau of Land
Management entitled ``Rescission of the Management and
Protection of the National Petroleum Reserve in Alaska
Regulations, Issued May 7, 2024'' (90 Fed. Reg. 51470 (November
17, 2025)), failed to reflect the intent of Congress for the
Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6501
et seq.).
SEC. 3. DEFINITIONS.
In this Act:
(1) Coastal plain.--The term ``Coastal Plain'' has the
meaning given the term in section 20001(a) of Public Law 115-97
(16 U.S.C. 3143 note).
(2) Coastal plain oil and gas leasing program.--The term
``Coastal Plain oil and gas leasing program'' means the program
established under section 20001(b)(2)(A) of Public Law 115-97
(16 U.S.C. 3143 note).
(3) Regional corporation.--The term ``Regional
Corporation'' has the meaning given the term in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. CONGRESSIONAL APPROVAL OF ORDERS.
(a) Moratorium on Oil and Gas Leasing.--Any order or action by the
President or the Secretary that has the effect of placing a moratorium
on or otherwise suspending or pausing oil and gas leasing in the
Coastal Plain shall have no force or effect.
(b) Approval and Ratification of Existing Documentation and
Authorizations.--Notwithstanding any other provision of law, Congress--
(1) ratifies and approves all authorizations, permits,
verifications, extensions, biological opinions, incidental take
statements, and any other approvals or orders issued pursuant
to Federal law, as described in the record of decision
published by the Bureau of Land Management entitled ``Coastal
Plain Oil and Gas Leasing Program Record of Decision'' and
dated October 2025, necessary for the establishment and
administration of the Coastal Plain oil and gas leasing
program; and
(2) directs the Secretary, the Administrator of the
Environmental Protection Agency, and the heads of other Federal
departments and agencies, as applicable, to process, reinstate,
or continue to maintain such authorizations, permits,
verifications, extensions, biological opinions, incidental take
statements, and any other approvals or orders described in
paragraph (1).
(c) Applicability of Other Law.--Notwithstanding any other
provision of law, the authorizations, permits, verifications,
extensions, biological opinions, incidental take statements, and any
other approvals or orders described in subsection (b)(1) shall be
considered to satisfy the requirements of--
(1) section 1002 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3142);
(2) section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C));
(3) section 20001 of Public Law 115-97 (16 U.S.C. 3143
note);
(4) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(5) the Marine Mammal Protection Act of 1972 (16 U.S.C.
1361 et seq.);
(6) subchapter II of chapter 5, and chapter 7, of title 5,
United States Code; and
(7) section 306108 of title 54, United States Code
(commonly referred to as the ``National Historic Preservation
Act''), on receipt of a resolution of approval of a cultural
resources plan with reasonable mitigation measures by the
Native Village of Kaktovik.
SEC. 5. COASTAL PLAIN OIL AND GAS LEASING PROGRAM.
(a) Cancelling a Lease.--Notwithstanding any other provision of
law, the President and the Secretary may not cancel a lease issued
under the Coastal Plain oil and gas leasing program if the Secretary
has previously opened bids for such a lease or disclosed the high
bidder for any tract that was included in a lease sale under the
Coastal Plain oil and gas leasing program unless the lessee is in
violation of the terms of the lease and fails to cure the violation
after a reasonable period of time.
(b) Judicial Review.--
(1) Judicial preclusion.--Notwithstanding any other
provision of law and except as provided in paragraph (2), no
court shall have jurisdiction to review any action taken by the
Secretary, the Administrator of the Environmental Protection
Agency, or any other Federal agency, or a State administrative
agency or an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)) acting pursuant to Federal law, that grants an
authorization, permit, verification, biological opinion,
incidental take statement, or other approval described in
section 4(b) for the Coastal Plain oil and gas leasing program,
whether issued prior to, on, or after the date of enactment of
this Act, and including any action pending in a court as of
that date of enactment.
(2) Forum exclusivity.--The United States Court of Appeals
for the District of Columbia Circuit shall have original and
exclusive jurisdiction over any claim regarding--
(A) the validity of this section; or
(B) the scope of authority conferred by this
section.
(3) Right to petition.--
(A) In general.--Notwithstanding paragraph (1), a
lease holder may obtain a review of an alleged failure
by an agency to act in accordance with section 20001 of
Public Law 115-97 (16 U.S.C. 3143 note) or with any law
pertaining to the grant of an authorization, permit,
verification, biological opinion, incidental take
statement, or other approval related to a lease of the
lease holder by filing a written petition with a court
of competent jurisdiction seeking an order under
subparagraph (B).
(B) Deadlines.--If a court of competent
jurisdiction finds that an agency has failed to act in
accordance with section 20001 of Public Law 115-97 (16
U.S.C. 3143 note) or with any law pertaining to the
grant of an authorization, permit, verification,
biological opinion, incidental take statement, or other
approval related to a lease of a lease holder, the
court shall set a schedule and deadline for the agency
to act as soon as practicable, which shall not exceed
90 days from the date on which the order of the court
is issued, unless the court determines a longer time
period is necessary to comply with applicable law.
SEC. 6. COASTAL PLAIN UNIT AGREEMENTS.
(a) Unit Agreements.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate regulations to
establish and execute a unit agreement system for the Coastal Plain
that is substantially similar to the unit agreement requirements
described in section 107(j) of the Naval Petroleum Reserves Production
Act of 1976 (42 U.S.C. 6506a(j)), including the need for a public
interest determination, production allocation methodology, benefit of
operations, and pooling.
(b) Consultation.--In making a public interest determination under
the unit agreement system established under subsection (a), the
Secretary shall consult with--
(1) with respect to the creation or expansion of units that
include acreage in which the State of Alaska or a Regional
Corporation has an interest in the mineral estate, the State of
Alaska or applicable Regional Corporation; and
(2) with respect to land usage that would minimize the
impact to surface resources and facilitate consolidation of
facilities through shared infrastructure, the North Slope
Borough.
SEC. 7. COASTAL PLAIN EXPLORATION INCENTIVES AND ACTIVITIES.
(a) Exploration Incentives.--
(1) Waiver, suspension, or reduction.--
(A) In general.--To encourage the greatest ultimate
recovery of oil and gas or in the interest of
conservation of the Coastal Plain, the Secretary may
waive, suspend, or reduce the rental fees or minimum
royalty, or reduce the royalty on an entire leasehold
on the Coastal Plain (including on any lease operated
pursuant to a unit agreement), whenever the Secretary
determines, after consultation with the State of Alaska
and the North Slope Borough, and with the concurrence
of any Regional Corporation for a lease that includes
land that was made available for acquisition by the
Regional Corporation pursuant to applicable law, that--
(i) a waiver, suspension, or reduction is
necessary to promote development; or
(ii) the applicable lease cannot be
successfully operated under the applicable
terms.
(B) Applicability.--Subparagraph (A) shall apply to
any lease on the Coastal Plain that is in effect on or
after the date of enactment of this Act.
(2) Suspension of operations and production.--
Notwithstanding any other provision of law, the Secretary may,
on the request of the lessee, assent to the suspension of
operations and production on any lease or unit on the Coastal
Plain.
(3) Suspension of payments.--
(A) In general.--In the interest of conservation of
the Coastal Plain, the Secretary may direct or assent
to the suspension of operations and production of any
lease or unit on the Coastal Plain.
(B) Payments.--If the operations or production of a
lease or unit is suspended under subparagraph (A), any
payment of acreage rental or minimum royalty prescribed
by that lease or unit shall be suspended during the
period the lease or unit is suspended.
(C) Extension.--If the operations or production of
a lease or unit is suspended under subparagraph (A),
the term of that lease or unit shall be extended by
adding the duration of the suspension period to the
term of the lease or unit.
(b) Exploration Activities.--
(1) In general.--Any agency of the United States or person
authorized by the Secretary may conduct geological and
geophysical exploration activities in the Coastal Plain which
do not interfere with operations or production under any
contract maintained or previously granted.
(2) Information.--Any agency of the United States or person
authorized by the Secretary carrying out activities described
in paragraph (1) shall provide to the Secretary access to, and
copies of, all data and information (including processed,
analyzed, and interpreted information) obtained from those
activities.
SEC. 8. NPR-A RULE PROHIBITION.
The Secretary, acting through the Director of the Bureau of Land
Management, may not take any action to finalize, implement, administer,
or enforce the final rule of the Bureau of Land Management entitled
``Management and Protection of the National Petroleum Reserve in
Alaska'' (89 Fed. Reg. 38712 (May 7, 2024)), or any substantially
similar rule.
Calendar No. 678
119th CONGRESS
2d Session
S. 5438
_______________________________________________________________________
A BILL
To ratify and approve all authorizations, permits, verifications,
extensions, biological opinions, incidental take statements, and any
other approvals or orders issued pursuant to Federal law necessary for
the establishment and administration of the Coastal Plain oil and gas
leasing program, and for other purposes.
_______________________________________________________________________
September 22, 2026
Read the second time and placed on the calendar