S. 5438Senate119th Congress (2025-2027)Introduced

Alaska’s Right to Produce Act 2.0

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.

Introduced September 17, 2026

AI-Generated Summary

Updated September 23, 2026 at 1:22 PM UTC

The bill ratifies and approves every permit, approval, and related order needed to run the Coastal Plain oil and gas leasing program in Alaska. It blocks any federal moratorium or lease cancellations after bids have been opened, limits court challenges, and gives the Interior Secretary new powers to encourage development and manage the program. The legislation also directs the creation of unit‑agreement rules and stops the Bureau of Land Management from enforcing a 2024 rule on the National Petroleum Reserve.

Key Provisions

  • Congress formally ratifies and approves all existing authorizations, permits, extensions, biological opinions, and other approvals for the Coastal Plain oil and gas leasing program, and orders federal agencies to process and maintain them.
  • Any presidential or Interior Secretary order that creates a moratorium on leasing in the Coastal Plain is declared ineffective.
  • Leases cannot be cancelled after bids are opened or a high bidder is disclosed, unless the leaseholder violates the lease and fails to cure the violation.
  • Judicial review of agency actions related to these permits is largely barred; only the U.S. Court of Appeals for the D.C. Circuit has original and exclusive jurisdiction over disputes about the law’s validity or scope.
  • Leaseholders may petition a court for agency inaction, and the court must set a deadline (up to 90 days) for the agency to act.
  • Within one year, the Secretary must issue regulations for a unit‑agreement system similar to the Naval Petroleum Reserves Production Act, with consultation from Alaska, regional corporations, and the North Slope Borough.
  • The Secretary may waive, suspend, or reduce rental fees, minimum royalties, or royalties on any lease, and may suspend operations and payments, extending lease terms accordingly, to promote development or address conservation concerns.
  • Federal agencies or authorized persons may conduct geological and geophysical exploration in the Coastal Plain, provided they share all data with the Secretary.
  • The Secretary, via the BLM Director, is prohibited from finalizing or enforcing the May 2024 “Management and Protection of the National Petroleum Reserve in Alaska” rule or any similar rule.

Legislative Activity

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2 earlier actions
SenateCalendars Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 678.

September 22, 2026

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SenateIntro Referral

Introduced in Senate

September 17, 2026

SenateCalendars

Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

September 17, 2026

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 678.

September 22, 2026

Floor Debate

3 members

What members said about S. 5438 on the floor

2 Republicans1 Democrat
Dan Sullivan
Sen. Dan SullivanR-AK · Sep 30, 2026

Mr. President, today, I urge my colleagues to vote for Alaska's Right to Produce Act 2.0, which would provide greater certainty for responsible resource development on the North Slope of Alaska. It…

Martin Heinrich
Sen. Martin HeinrichD-NM · Sep 30, 2026

Mr. President, reserving the right to object, nestled in the far northeast corner of Alaska is the Arctic National Wildlife Refuge--not ANWR, which sounds like some country in the Middle East, but…

Cynthia M. Lummis
Sen. Cynthia M. LummisR-WY · Sep 22, 2026

Mr. President, I understand that there are two bills at the desk due for a second reading en bloc. Mr. President, in order to place the bills on the calendar under the provisions of rule XIV, I would…

Cynthia M. Lummis
Sen. Cynthia M. LummisR-WY · Sep 17, 2026

I understand that there are two bills at the desk, and I ask for their first reading en bloc. I now ask for a second reading, and I object to my own request, all en bloc.

Bill Text

Latest available legislative text

Reading Mode
Latest
Placed on Calendar SenateIssued September 22, 2026

II

Calendar No. 678

119th CONGRESS

2d Session

S. 5438

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.

1.

Short title

This Act may be cited as the Alaska’s Right to Produce Act 2.0.

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.).

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.

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.

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.

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.

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.

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.

September 22, 2026

Read the second time and placed on the calendar