[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR3130.1]

[Page 374-375]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 3130_OIL AND GAS LEASING: NATIONAL PETROLEUM RESERVE, ALASKA--Table 
of Contents
 
 Subpart 3130_Oil and Gas Leasing, National Petroleum Reserve, Alaska: 
                                 General
 
Sec. 3130.1  Attorney General review.

    (a) Prior to the issuance of any lease, contract or operating 
agreement under this subpart, the Secretary shall notify the Attorney 
General of the proposed issuance, the name of the successful bidder, the 
terms of the proposed lease, contract or operating agreement and any 
other information the Attorney General may require to conduct an 
antitrust review of the proposed action. Such other information shall 
include, but is not limited to, information to be provided the Secretary 
by the successful bidder or its owners.
    (b) In advance of the publication of any notice of sale, the 
Attorney General shall notify the Secretary of his/her preliminary 
determination of the information each successful bidder shall be 
required to submit for antitrust review purposes. The Secretary shall 
require this information to be promptly submitted by successful bidders, 
and may provide prospective bidders the opportunity to submit such 
information in advance of or accompanying their bids. For subsequent 
notices of sale, the Attorney General's preliminary information 
requirements shall be as specified for the prior notice unless a change 
in the requirements is communicated to the Secretary in advance of 
publication of the new notice of sale. Where a bidder in a prior sale 
has previously submitted any of the currently required information, a 
reference to the date of submission and to the serial number of the 
record in which it is filed, together with a statement of any and all 
changes in the information since the date of the previous submission, 
shall be sufficient.
    (c) The Secretary shall not issue any lease, contract or operating 
agreement until:
    (1) Thirty days after the Attorney General receives notice from the 
Secretary of the proposed lease contract or operating agreement, 
together with any other information required under this section; or
    (2) The Attorney General notifies the Secretary that issuance of the 
proposed lease, contract or operating agreement does not create or 
maintain a situation inconsistent with the antitrust laws, whichever 
comes first. The Attorney General shall inform the successful bidder, 
and simultaneously the Secretary, if the information supplied is 
insufficient, and shall specify what information is required for the 
Attorney General to complete his/her review. The 30-day period shall 
stop running on the date of such notification and not resume running 
until the Attorney General receives the required information.
    (d) The Secretary shall not issue the lease, contract for operating 
agreement to the successful bidder, if, during the 30-day period, the 
Attorney General notifies the Secretary that such issuance would create 
or maintain a situation inconsistent with the antitrust laws.
    (e) If the Attorney General does not reply in writing to the 
notification provided under paragraph (a) of this section within the 30-
day review period,

[[Page 375]]

the Secretary may issue the lease, contract or operating agreement 
without waiting for the advice of the Attorney General.
    (f) Information submitted to the Secretary to comply with this 
section shall be treated by the Secretary and by the Attorney General as 
confidential and proprietary data if marked confidential by the 
submitting bidder or other person. Such information shall be submitted 
to the Secretary in sealed envelopes and shall be transmitted in that 
form to the Attorney General.
    (g) The procedures outlined in paragraphs (a) through (f) of this 
section apply to the proposed assignment or transfer of any lease, 
contract or operating agreement.