[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3377 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3377
To discourage speculative oil and gas leasing and to promote enhanced
multiple use management of public land and National Forest System land,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2023
Mrs. Lee of Nevada introduced the following bill; which was referred to
the Committee on Natural Resources
_______________________________________________________________________
A BILL
To discourage speculative oil and gas leasing and to promote enhanced
multiple use management of public land and National Forest System land,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Speculative Oil and Gas Leasing
Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Federal land should be managed for multiple uses,
resources, and values, including recreation use, grazing use,
timber resources, mineral resources, watershed management,
wildlife and fish habitat, and natural, scenic, scientific, and
historic values;
(2) section 17(a) of the Mineral Leasing Act (30 U.S.C.
226(a)) authorizes the Secretary of the Interior to offer for
lease only land that is ``known or believed to contain oil or
gas deposits'';
(3)(A) in determining whether a parcel of Federal land
should be made available for oil and gas leasing and
development, and in offering such a parcel for sale, the
Secretary does not meaningfully take into consideration the oil
and gas development potential of that parcel; and
(B) as a result, the Secretary regularly offers and leases
for oil and gas development Federal land that has no or low
potential for the development of oil and gas resources
(referred to in this section as ``no- or low-potential Federal
land'');
(4)(A) no- or low-potential Federal land is frequently
leased for or near the minimum lease bid and rarely produce oil
or gas resources; and
(B) as a result, taxpayers in the United States receive
minimal revenue from the leasing of no- or low-potential
Federal land;
(5) making no- or low-potential Federal land available for
oil and gas leasing can result in leases being obtained for
speculative purposes;
(6) the Secretary wastes taxpayer resources in issuing and
managing leases on no- or low-potential Federal land;
(7) no- or low-potential Federal land frequently supports
other economically important uses, resources, and values
including the uses, resources, and values described in
paragraph (1);
(8) the existence of leases on no- and low-potential
Federal land can and does limit the ability of the Secretary to
support and enhance the uses, resources, and values described
in paragraph (1); and
(9) meaningful public participation in leasing decisions is
essential and can help to ensure that the decisions of the
Secretary are well-informed and based on current and reliable
information and data.
SEC. 3. POLICY.
In accordance with Federal multiple use land management goals, it
is the policy of the United States that--
(1) the Secretary--
(A) shall not, absent exceptional circumstances,
offer for lease any Federal land that has low or no
potential for the development of oil and gas resources;
(B) shall discourage speculation in the Federal
onshore oil and gas leasing program; and
(C) by not offering for lease Federal land
described in subparagraph (A), shall conserve limited
Federal resources that can be better applied elsewhere;
and
(2) the policies described in paragraph (1) are in keeping
with, and are not detrimental to, the energy security of the
United States.
SEC. 4. DEFINITIONS.
In this Act:
(1) Drainage.--The term ``drainage'' means the migration of
hydrocarbons, inert gases (other than helium), or associated
resources caused by production from other wells.
(2) Federal land.--The term ``Federal land'' means--
(A) public land; and
(B) National Forest System land.
(3) Land use plan.--The term ``land use plan'' means--
(A) a land use plan required under sections 201 and
202 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1711, 1712), including any resource
management plan (as defined in section 1601.0-5 of
title 43, Code of Federal Regulations (or successor
regulations)); and
(B) a land and resource management plan developed
by the Secretary of Agriculture pursuant to section 6
of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604).
(4) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(5) Reasonably foreseeable development scenario.--The term
``reasonably foreseeable development scenario'' has the meaning
given the term in the handbook of the Bureau of Land Management
entitled ``H--1624-1--Planning for Fluid Mineral Resources''
(as in effect on the date of enactment of this Act) and issued
pursuant to the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
SEC. 5. FEDERAL LAND COVERED BY REASONABLY FORESEEABLE DEVELOPMENT
SCENARIO ISSUED BEFORE DATE OF ENACTMENT.
(a) In General.--With respect to Federal land otherwise available
for leasing of oil and gas resources pursuant to the Mineral Leasing
Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.) that is covered by a reasonably
foreseeable development scenario issued before the date of enactment of
this Act, except as provided in subsection (b), the Secretary shall not
offer the Federal land for lease unless the reasonably foreseeable
development scenario for that land includes an assessment of the oil
and gas development potential of that land that specifically identifies
the potential for all acres subject to decisions on availability for
leasing.
(b) Exception for Drainage.--
(1) In general.--The Secretary may offer for lease any
Federal land described in subsection (a) without meeting the
requirements of that subsection if--
(A) the Federal land is adjacent to and within 1
mile of a well producing oil and gas in paying
quantities on the date on which the land is offered for
leasing;
(B)(i) the lease is issued for the purpose of
preventing drainage from the adjacent land and the
Secretary has determined that an economic well can be
drilled; or
(ii) the land is included in a State spacing unit;
and
(C) the Federal land does not exceed 1280 acres.
(2) Requirement.--A lease issued under paragraph (1) shall
be consistent with the applicable land use plan and all other
applicable law.
SEC. 6. FEDERAL LAND NOT COVERED BY CURRENT REASONABLY FORESEEABLE
DEVELOPMENT SCENARIO.
(a) In General.--
(1) In general.--Except as provided in subsection (c), if
the Secretary determines that Federal land otherwise available
for leasing of oil and gas resources pursuant to the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act
for Acquired Lands (30 U.S.C. 351 et seq.) is not covered by a
reasonably foreseeable development scenario issued in
accordance with this subsection or section 5(a), the Secretary,
in cooperation with the Secretary of Agriculture with respect
to National Forest System land, shall complete such a
reasonably foreseeable development scenario prior to making the
Federal land available for lease.
(2) Requirements.--Any reasonably foreseeable development
scenario issued on or after the date of enactment of this Act
shall, at a minimum--
(A) assess and designate all Federal land covered
by the reasonably foreseeable development scenario as
having high, moderate, low, or no potential for
development of oil and gas resources; and
(B) publish a map depicting the covered Federal
land and the development potential for that Federal
land designated under subparagraph (A).
(3) Factors.--
(A) In general.--In completing a reasonably
foreseeable development scenario for Federal land, the
Secretary shall take into consideration all relevant
and available information, including--
(i) past and present exploration and
development activity in the vicinity, including
historic trends;
(ii) for each lease in the vicinity, the
number, location, and types of wells drilled,
the representative depth of wells drilled, the
number and location of dry holes, the success
ratio for wells drilled, and the location,
production history, and life expectancy of
producing fields;
(iii) geological, geophysical, and
geochemical information for the Federal land,
including data and information from the United
States Geological Survey, the Department of
Energy, State agencies, industry, professional
societies, academic sources, and the public;
(iv) structural and stratigraphic data and
information relating to basins, fields, and
plays on the Federal land; and
(v) data and information on the likelihood
that economically recoverable oil and gas
resources are present in a given area,
including information submitted by experts and
the public.
(B) Explanation of factors.--The Secretary shall
document how each factor described in subparagraph (A)
and any other factors considered by the Secretary
support the designation of the potential for
development of oil and gas resources on the Federal
land.
(4) Opportunity for public participation.--In developing a
reasonably foreseeable development scenario under this
subsection, the Secretary shall--
(A) notify the public that the reasonably
foreseeable development scenario is being initiated;
(B) publish a request for information for the
reasonably foreseeable development scenario;
(C) release a draft version of the reasonably
foreseeable development scenario for a public review
and comment for a period of not less than 60 days; and
(D) consider and respond to public comments in the
final version of the reasonably foreseeable development
scenario.
(b) Regular Update.--
(1) In general.--Not later than 15 years after the date of
enactment of this Act, and not less frequently than every 15
years thereafter, the Secretary, consistent with subsection (a)
and in cooperation with the Secretary of Agriculture with
respect to National Forest System land, shall review and update
all reasonably foreseeable development scenarios covering
Federal land.
(2) Prohibition.--Except as provided in subsection (c), the
Secretary shall not offer for lease any Federal land otherwise
available for leasing of oil and gas resources pursuant to the
Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral
Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) unless
the Secretary has updated the reasonably foreseeable
development scenario covering that Federal land in accordance
with paragraph (1).
(c) Exception for Drainage.--
(1) In general.--The Secretary may offer for lease any
Federal land otherwise available for leasing of oil and gas
resources pursuant to the Mineral Leasing Act (30 U.S.C. 181 et
seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C.
351 et seq.) without completing or updating a reasonably
foreseeable development scenario for that land under subsection
(a) or (b), as applicable, if--
(A) the Federal land is adjacent to and within 1
mile of a well producing oil and gas in paying
quantities on the date on which the land is offered for
leasing;
(B)(i) the lease is issued for the purpose of
preventing drainage from the adjacent land and the
Secretary has determined that an economic well can be
drilled; or
(ii) the land is included in a State spacing unit;
and
(C) the Federal land does not exceed 1280 acres.
(2) Requirement.--A lease issued under paragraph (1) shall
be consistent with the applicable land use plan and all other
applicable law.
SEC. 7. LAND HAVING NO OR LOW DEVELOPMENT POTENTIAL UNDER A REASONABLY
FORESEEABLE DEVELOPMENT SCENARIO.
(a) In General.--Except as provided in subsections (b) and (c), the
Secretary shall not offer for lease any Federal land otherwise
available for leasing of oil and gas resources pursuant to the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for
Acquired Lands (30 U.S.C. 351 et seq.) if the Federal land is
designated in the applicable reasonably foreseeable development
scenario as having low or no potential for development of oil or gas
resources.
(b) Exception for Drainage.--
(1) In general.--The Secretary may offer for lease any
Federal land described in subsection (a) if--
(A) the Federal land is adjacent to and within 1
mile of a well producing oil and gas in paying
quantities on the date on which the land is offered for
leasing;
(B)(i) the lease is issued for the purpose of
preventing drainage from the adjacent land and the
Secretary has determined that an economic well can be
drilled; or
(ii) the land is included in a State spacing unit;
and
(C) the Federal land does not exceed 1280 acres.
(2) Requirement.--A lease issued under paragraph (1) shall
be consistent with the applicable land use plan and all other
applicable law.
(c) Variance Process.--
(1) In general.--An entity seeking to lease Federal land
described in subsection (a) for purposes other than the purpose
described in subsection (b)(1)(B)(i) may submit to the
Secretary an application for a variance under which the
applicant shall bear the full burden of establishing and
documenting that providing a variance for the Federal land
would--
(A) be consistent with decisions contained in the
land use plan in effect for the Federal land;
(B) affect only areas--
(i) with low wildlife, recreation,
livestock, and other multiple-use resource
values; and
(ii) where impacts to those values arising
from the variance can be mitigated;
(C) optimize the use of existing infrastructure and
avoid duplication of infrastructure and disruption of
public land;
(D) minimize adverse impacts on fish and wildlife
habitats and migration and movement corridors in nearby
areas;
(E) cause no significant effects on species listed
as endangered species or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
or the habitats of those species;
(F) cause no cumulative impacts on air or water
resources of concern that cannot be avoided or
minimized;
(G) cause no adverse impacts on--
(i) units of the National Park System;
(ii) units of the National Wildlife Refuge
System;
(iii) areas of critical environmental
concern;
(iv) components of the National Wilderness
Preservation System; or
(v) other special status areas, including
State and local parks and wildlife and
recreation areas; and
(H) allow the Federal land to be developed in the
public interest.
(2) Opportunity for public participation.--
(A) In general.--On receipt of an application for a
variance under paragraph (1), the Secretary shall--
(i) promptly notify the public that the
application has been received; and
(ii) provide the public with an opportunity
to review and comment on the application,
including any supporting documents, for a
period of not less than 60 days.
(B) Response.--The Secretary shall consider and
respond in writing to any public comments received
under subparagraph (A)(ii) before making a
determination under paragraph (3)(A).
(3) Granting of variance.--The Secretary may grant a
variance for Federal land described in subsection (a) pursuant
to an application submitted under paragraph (1), and offer that
Federal land for lease, if--
(A) the Secretary publishes in the Federal Register
a determination that--
(i) the applicant met the burden of
establishing and documenting that the variance
would meet the requirements described in
paragraph (1);
(ii) offering the Federal land for lease--
(I) would not preclude the use of
the Federal land for other uses,
including grazing, fish and wildlife,
and recreation uses; and
(II) would be managed in accordance
with the principles of multiple use (as
defined in section 103 of the Federal
Land Policy and Management Act of 1976
(43 U.S.C. 1702)); and
(iii) the variance is in the public
interest; and
(B) the Federal land--
(i) is adjacent to land currently producing
oil or gas in commercial quantities on the date
on which the variance is granted; and
(ii) does not exceed 1280 acres.
(4) Requirement.--A lease issued under paragraph (3) shall
be consistent with the applicable land use plan and all other
applicable law.
(5) Limitation.--The Secretary shall not grant more than 1
variance under this subsection per 5-year period to an
applicant or to an entity under common ownership or control
with the applicant.
SEC. 8. EFFECT.
(a) Multiple Use Considerations.--Nothing in this Act, including a
determination under a reasonably foreseeable development scenario
issued pursuant to this Act that Federal land has high or moderate
potential for development of oil and gas resources, alters--
(1) the requirements under section 202(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)) that
prior to offering for lease any public land otherwise available
for leasing of oil and gas resources pursuant to the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act
for Acquired Lands (30 U.S.C. 351 et seq.), the Secretary shall
consider and weigh the multiple use and sustained yield values
of the public land;
(2) the requirements of subsections (b) and (e) of section
6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604) that prior to offering for lease any
National Forest System land otherwise available for leasing of
oil and gas resources pursuant to the Mineral Leasing Act (30
U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.), the Secretary of Agriculture
shall consider and weigh the multiple use and sustained yield
values of the National Forest System land; or
(3) any other applicable requirements of law.
(b) NEPA.--Nothing in this Act modifies, alters, or impacts the
applicability of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) to the leasing of Federal land by the Secretary.
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