42 U.S.C. § 15942

NEPA review

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(a) NEPA review

Action by the Secretary of the Interior in managing the public lands, or the Secretary of Agriculture in managing National Forest System Lands, with respect to any of the activities described in subsection (b) shall be subject to a rebuttable presumption that the use of a categorical exclusion under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] (NEPA) would apply if the activity is conducted pursuant to the Mineral Leasing Act [30 U.S.C. 181 et seq.] for the purpose of exploration or development of oil or gas.

(b) Activities describedThe activities referred to in subsection (a) are the following:(1) Individual surface disturbances of less than 5 acres so long as the total surface disturbance on the lease is not greater than 150 acres and site-specific analysis in a document prepared pursuant to NEPA has been previously completed.(2) Drilling an oil or gas well at a location or well pad site at which drilling has occurred previously within 5 years prior to the date of spudding the well.(3) Drilling an oil or gas well within a developed field for which an approved land use plan or any environmental document prepared pursuant to NEPA analyzed such drilling as a reasonably foreseeable activity, so long as such plan or document was approved within 5 years prior to the date of spudding the well.(4) Placement of a pipeline in an approved right-of-way corridor, so long as the corridor was approved within 5 years prior to the date of placement of the pipeline.(5) Maintenance of a minor activity, other than any construction or major renovation or a building or facility.(Pub. L. 109–58, title III, § 390, Aug. 8, 2005, 119 Stat. 747.)Editorial NotesReferences in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.

The Mineral Leasing Act, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2014–2022 · leading case: Ouachita Watch League v. Henry, 59 F. Supp. 3d 922 (E.D. Ark. 2014).

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Ouachita Watch League v. Henry, 59 F. Supp. 3d 922 (E.D. Ark. 2014). · cites it 5× “, and the Energy Policy Act, 42 U.S.C. § 15942 (b)(3). Because the statutes on which OWL and OS base their claims do not provide a right of action or a waiver of sovereign immunity, OWL and OS must rely on the right of action and waiver provided by the Admin *927 istrative…”

Texas Med. Ass'n v. United States Dep't of Health & Human Servs. (E.D. Tex. 2022). “§ 3608 (b) (creating a “rebuttable presumption” of unconscionability), and 42 U.S.C. § 15942 (a) (creating a “rebuttable presumption” of exemption from environmental review).”

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