PUBLIC LAW 95-372—SEPT. 18, 1978
92 STAT. 645
with the Federal Trade Commission, may agree to a shorter review period. "(2) The Attorney General may, in consultation with the Federal Antitrust review. Trade Commission, conduct such antitrust review on the likely eifects the issuance of such leases would have on competition as the Attorney General, after consultation with the Federal Trade Commission, deems appropriate and shall advise the Secretary with respect to such review. The Secretary shall provide such information as the Attorney General, after consultation with the Federal Trade Commission, may require in order to conduct any antitrust review pursuant to this paragraph and to make recommendations pursuant to paragraph (3) of this subsection. "(3) The Attorney General, after consultation with the Federal Trade Commission, may make such recommendations to the Secretary, including the nonacceptance of any bid, as may be appropriate to prevent any situation inconsistent with the antitrust laws. If the Secretary determines, or if the Attorney General advises the Secretary, after consultation with the Federal Trade Commission and prior to the issuance of any lease, that such lease may create or maintain a situation inconsistent with the antitrust laws, the Secretary may— "(A) refuse (i) to accept an otherwise qualified bid for such lease, or (ii) to issue such lease, notwithstanding subsection (a) of this section; or "(B) issue such lease, and notify the lessee and the Attorney General of the reason for such decision. " (4)(A) Nothing in this subsection shall restrict the power under any other Act or the common law of the Attorney General, the Federal Trade Commission, or any other Federal department or agency to secure information, conduct reviews, make recommendations, or seek appropriate relief. "(B) Neither the issuance of a lease nor anything in this subsection shall modify or abridge any private right of action under the antitrust laws. "(d) No bid for a lease may be submitted if the Secretary finds. Notice and after notice and hearing, that the bidder is not meeting due diligence hearing, requirements on other leases. "(e) No lease issued under this Act msLj be sold, exchanged, assigned, or otherwise transferred except with the approval of the Secretary. Prior to any such approval, the Secretary shall consult with and give due consideration to the views of the Attorney General. "(f) Nothing in this Act shall be deemed to convey to any person, association, corporation, or other business organization immunity from civil or criminal liability, or to create defenses to actions, under any antitrust law. • "(g)(1) At the time of soliciting nominations for the leasing of lands within three miles of the seaward boundary of any coastal State, the Secretary shall provide the Governor of such State— "(A) an identification and schedule of the areas and regions proposed to be offered for leasing; "(B) all information concerning the geographical, geological, and ecological characteristics of such regions; "(C) an estimate of the oil and gas reserves in the areas proposed for leasing; and "(D) an identification of any field, geological structure, or trap located within three miles of the seaward boundary of such coastal State.
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