[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR3130.1]



[Page 385-386]

 

                    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



[[Page 386]]



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, 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.