,,ii #aafth ,,congress #b;d ,session ,s4 #dfda ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bb1 #bjbj,mr4 ,bennet introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,mineral ,leasing ,act to provide for transparency and landowner protections in the conduct of lease sales under that ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,public ,engagement ,opportunity on ,public ,land ,exploration ,act of #bjbj or the ,,people ,act of #bjbj4 #b4 ,transparency and landowner protections 7a7 ,requirements for inclusion of land identified in expressions of interest in lease sales ,section #ag7;b7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;b77 is amended by adding at the end the following3 7#d7 ,requirements for inclusion of land identified in expressions of interest in lease sales 7,a7 ,in general ,a member of the public may submit to the ,secretary an expression of interest that identifies land for consideration for inclusion by the ,secretary in a lease sale under this section4 7,b7 ,inclusion of land in lease sale ,subject to the requirements of this section1 the ,secretary may include in a lease sale under this section the land identified under an expression of interest received by the ,secretary4 7,c7 ,notification ,on receipt of an expression of interest1 the ,secretary shall notify by certified mail1 electronic mail1 and electronic posting on the website of the relevant leasing or land management agency-- 7i7 any owners of surface rights on land identified under the expression of interest2 7ii7 any holders of recreational or special use permits on the land2 7iii7 any holders of grazing rights on the land2 7iv7 any owner of a water right the water of which originates on or flows over the land2 7v7 any owner of a water conveyance structure1 such as a ditch1 on the land2 and 7vi7 the local government with jurisdiction over the area in which the land is located4 7,d7 ,transparency 7i7 ,in general ,the ,secretary shall require that each bid for a lease described in subparagraph 7,b7 include-- 7,i7 the name of the person or entity submitting the bid1 including the name of all subsidiaries1 affiliates1 and entities controlled by1 or under common control with1 the person or entity2 7,,ii7 if an agent is submitting the bid on behalf of a person or entity1 the name of the person or entity on behalf of which the agent is acting1 including all subsidiaries1 affiliates1 and entities controlled by1 or under common control with1 the person or entity2 and 7,,iii7 if the person or entity submitting the bid is the person or entity that submitted the applicable expression of interest1 or if an agent is submitting the bid on behalf of the person or entity that submitted the applicable expression of interest1 a disclosure of that fact4 7ii7 ,publication ,the ,secretary shall publish on the website of the relevant leasing or land management agency each name disclosed in a bid under clause 7i74 4 7b7 ,notice requirements ,section #ag7;f7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;f77 is amended-- 7#a7 in the sixth sentence1 by striking ,the requirements and inserting the following3 7#e7 ,applicability of other notice requirements ,the requirements 2 7#b7 in the fifth sentence1 by striking ,such maps and inserting the following3 7,c7 ,location ,a map included in a notice under paragraph 7#a7 2 7#c7 in the fourth sentence1 by striking ,where the inclusion of maps in such notice and inserting the following3 7,b7 ,availability ,if the inclusion of maps in a notice under paragraph 7#a7 2 7#d7 in the third sentence1 by striking ,such notice and inserting the following3 7#b7 ,required inclusions 7,a7 ,in general ,a notice required under paragraph 7#a7 2 7#e7 by striking 7f7 ,at least and all that follows through land management agencies4 and inserting the following3 7f7 ,notice requirements 7#a7 ,in general ,not later than #ij days before offering land for lease under this section1 and not later than #cj days before approving an application for permit to drill under the provisions of a lease issued under this section1 modifying the terms of any lease issued under this section1 or granting a waiver1 exception1 or modification of any stipulation of a lease issued under this section1 the ,secretary shall-- 7,a7 post notice in the appropriate local offices1 and on the electronic websites1 of the leasing and land management agencies offering the land for lease2 7,b7 notify by certified mail and electronic mail any-- 7i7 owners of surface rights on the land covered by the lease2 7ii7 holders of special recreation permits for commercial use1 competitive events1 or other organized activities on the land covered by the lease2 7iii7 holders of grazing rights on the land covered by the lease2 7iv7 owner of a water right the water of which originates on or flows over the land2 7v7 owner of a water conveyance structure1 such as a ditch1 on the land2 and 7vi7 as applicable1 members of the public who have submitted to the ,secretary a request to receive notice regarding proposed actions of the ,secretary applicable to-- 7,i7 a geographic area2 or 7,,ii7 a resource4 2 and 7#f7 by inserting after paragraph 7#b7 7as so designated7 the following3 7#c7 ,additional requirements 7,a7 ,in general ,before determining the parcels to be included in a lease sale under this section1 the ,secretary shall provide a scoping period of not less than #cj days during which the ,secretary shall provide public notice and an opportunity for comment regarding all parcels that may be included in the lease sale4 7,b7 ,environmental analysis 7i7 ,definition of determination of ,,nepa adequacy ,in this subparagraph1 the term determination of ,,nepa adequacy means a determination of the ,secretary that an action-- 7,i7 is adequately analyzed in an existing document prepared pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,,ii7 conforms with the applicable land use plan4 7ii7 ,public notice and comment ,before conducting a lease sale under this section1 the ,secretary1 in complying with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 shall ensure that the public has the period of time required under that ,act to comment on any environmental analysis1 including any determination of ,,nepa adequacy1 carried out with respect to the lease sale4 7iii7 ,requirement ,the period for public comment under clause 7ii7 shall be not less than #cj days4 7,c7 ,,nepa analysis requirements 7i7 ,in general ,any analysis prepared pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for a lease sale under this section shall address all parcels being considered for sale4 7ii7 ,restriction ,no parcel may be included in a lease sale under this section-- 7,i7 without compliance with-- 7aa7 the public notice and comment requirements of this subsection2 and 7bb7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,,ii7 unless the parcel is specifically identified and considered in the analysis for that specific lease sale carried out in compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,d7 ,surface management by another ,federal agency ,with respect to a parcel the surface of which is managed by another ,federal agency1 the parcel may not be included in a lease sale under this section without the consent of that ,federal agency for that specific lease sale4 7,e7 ,protests 7i7 ,in general ,any party may file a protest regarding the inclusion of a parcel in a lease sale under this section4 7ii7 ,deadline2 method of filing ,a protest under clause 7i7-- 7,i7 shall be filed by the date that is not later than #de days after the date on which the ,secretary gives notice of the lease sale under paragraph 7#a72 and 7,,ii7 may be filed by electronic mail4 7#d7 ,local governments ,before taking any action for which notice or opportunity for comment is required under this subsection1 the ,secretary shall provide to local governments with jurisdiction over the area in which land covered by a proposed action is located notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection4 4 7c7 ,surface estate owner protection ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7 is amended by adding at the end the following3 7q7 ,surface estate owner protection 7#a7 ,definition of covered land ,in this subsection1 the term covered land means land subject to a lease under this section-- 7,a7 the title to the oil and gas resources of which is held by the ,united ,states2 but 7,b7 the title to the surface estate of which is not held by the ,united ,states4 7#b7 ,post-lease surface use agreement 7,a7 ,in general ,except as provided in paragraph 7#c71 the ,secretary shall not authorize any operator to conduct exploration and drilling operations on covered land until the operator files with the ,secretary a document1 signed by the operator and the #a or more surface estate owners1 demonstrating that the operator has secured a written surface use agreement between the operator and the #a or more surface estate owners that meets the requirements of subparagraph 7,b74 7,b7 ,contents ,the surface use agreement under subparagraph 7,a7 shall provide for-- 7i7 the use by the operator of only such portion of the surface estate as is reasonably necessary for exploration and drilling operations based on site-specific conditions2 7ii7 the accommodation of the surface estate owner to the maximum extent practicable1 including the location1 use1 timing1 and type of exploration and drilling operations1 consistent with the right of the operator to develop the oil and gas estate2 7iii7 placement1 specifications1 maintenance1 and design of well pads1 gathering pipelines1 and roads to be constructed for oil and gas operations1 to the extent known2 7iv7 terms of ingress and egress on the surface of the land for oil and gas operations2 7v7 construction1 maintenance1 and placement of all pits and equipment used or planned for oil and gas operations1 to the extent known2 7vi7 use and impoundment of water on the surface of the land2 7vii7 removal and restoration of plant life2 7viii7 surface water drainage changes2 7ix7 actions to limit and effectively control precipitation runoff and erosion2 7x7 control and management of noise1 weeds1 dust1 traffic1 trespass1 litter1 and interference with the use of the surface estate owner2 7xi7 operator indemnification for injury to persons caused by the operator or a subcontractor or agent of the operator2 7xii7 the reclamation of the site to a condition capable of supporting the uses that the land was capable of supporting prior to exploration and drilling operations2 and 7xiii7 compensation for damages resulting from exploration and drilling operations1 including-- 7,i7 loss of income and increased costs incurred2 7,,ii7 damage to1 or destruction of1 personal property1 including crops1 forage1 and livestock2 and 7,,iii7 failure to reclaim the site in accordance with clause 7xii74 7,c7 ,procedure 7i7 ,notice of intent to enter into agreement ,an operator shall notify the #a or more surface estate owners of the desire of the operator to conclude an agreement under this paragraph by certified mail or electronic mail4 7ii7 ,arbitration 7,i7 ,in general ,if the surface estate owner and the operator do not reach an agreement under clause 7i7 by the date that is #ij days after the date on which the operator provides notice under that clause1 the operator may submit the matter to third-party arbitration4 7,,ii7 ,deadline for arbitration ,an arbitration under subclause 7,i7 shall be concluded within a period of #ij days4 7,,iii7 ,cost ,the cost of an arbitration under subclause 7,i7 shall be the responsibility of the operator4 7,,iv7 ,list of arbitrators ,the ,secretary shall make publicly available a list of persons who are qualified to arbitrate disputes under this clause4 7,v7 ,qualifications of arbitrators ,in order to arbitrate a dispute under this clause1 an arbitrator shall meet the minimum qualification criteria of the ,american ,arbitration ,association1 including-- 7aa7 a minimum of #aj years of senior-level business or professional experience or legal practice2 7bb7 an educational degree or professional licenses appropriate to the oil and gas industry2 7cc7 training or experience in arbitration or other forms of dispute resolution2 and 7dd7 membership in relevant professional associations4 7,,vi7 ,referral ,referral of a matter for arbitration by an operator to an arbitrator identified by the ,secretary pursuant to subclause 7,,iv7 shall be sufficient to constitute compliance with subclause 7,v74 7#c7 ,authorized exploration and drilling operations 7,a7 ,authorization without surface use agreement 7i7 ,in general ,the ,secretary may authorize an operator to conduct exploration and drilling operations on covered land without first securing a surface use agreement in accordance with paragraph 7#b71 if-- 7,i7 the ,secretary makes a determination in writing that-- 7aa7 the operator made a good faith attempt to conclude such an agreement1 including by submitting the matter to arbitration in accordance with subclause 7,i7 of paragraph 7#b77;,c77ii72 but 7bb7 an agreement was not concluded by the deadline under subclause 7,i7 or 7,,ii71 as applicable1 of that paragraph2 7,,ii7 the operator submits a plan of operations that provides for -- 7aa7 the matters described in paragraph 7#b77;,b72 and 7bb7 compliance with all other applicable requirements of ,federal and ,state law2 and 7,,iii7 the operator posts a bond or other financial assurance in the form of a surety bond1 trust fund1 letter of credit1 government security1 certificate of deposit1 cash1 or equivalent in an amount the ,secretary determines to be adequate to ensure compensation to the #a or more surface estate owners for any damages to1 or reclamation of1 the site4 7ii7 ,limitation ,self-bonding shall not be an acceptable form of financial assurance under clause 7i77,,iii74 7,b7 ,surface estate owner participation ,in addition to any participation opportunities provided to members of the public under this section1 with respect to a lease issued under this section for covered land1 the ,secretary shall provide surface estate owners with-- 7i7 before authorizing an operator to conduct exploration and drilling operations on the covered land1 a period of not less than #cj days to comment on the plans of operations of the operator2 7ii7 an opportunity to participate in bond level determinations and bond release proceedings under subsection 7g72 7iii7 an opportunity to attend any onsite inspection carried out for the purpose of a determination or proceeding under clause 7ii72 7iv7 an opportunity to file written objections to a proposed bond release2 and 7v7 an opportunity to request and participate in an onsite inspection if the surface estate owner has reason to believe there is a violation of the terms and conditions of the plan of operations of the operator4 7,c7 ,payment of financial guarantee 7i7 ,in general ,the owner of the surface estate of covered land subject to a lease issued under this section may petition the ,secretary for payment of all or any portion of a bond or other financial assurance required under subsection 7g7 as compensation for any damages resulting from exploration and drilling operations pursuant to the lease4 7ii7 ,form of compensation ,if the ,secretary approves the petition under clause 7i71 the ,secretary may use the bond or other financial assurance referred to in that clause to provide compensation to the surface estate owner for the damages described in the petition4 7#d7 ,surface estate owner notification ,in addition to any notice provided to members of the public under this section1 with respect to a lease of covered land under this section1 the ,secretary shall notify the #a or more surface estate owners by certified mail1 electronic mail1 and electronic posting on the website of the relevant leasing or land management agency-- 7,a7 of the lease sale by not later than #ij days before conducting the lease sale2 7,b7 of the identity and address of the lessee by not later than #aj business days after the lease is issued2 7,c7 of any subsequent request or decision regarding the lease1 including any request or decision to modify the lease1 waive a stipulation1 or approve a right of way1 by not later than #e business days after the ,secretary receives the request or makes the decision2 and 7,d7 of any issuance of a permit to drill under the lease1 by not later than #e business days after issuance of the permit4 7#e7 ,bonds or financial assurances 7,a7 ,in general ,with respect to a lease of covered land under this section1 the ,secretary shall notify the #a or more surface estate owners by certified mail1 electronic mail1 and electronic posting on the website of the relevant leasing or land management agency by not later than #cj days before establishing or releasing a bond or other financial assurance under subsection 7g74 7,b7 ,objections ,if a surface estate owner objects to the amount of the bond or other financial assurance to be required for a lease of covered land1 the ,secretary shall respond in writing to the objections of the surface estate owner1 including a description of the rationale for the amount4 7,c7 ,release of bond of other financial assurance ,the ,secretary may release the bond or other financial assurance required for a lease of covered land only if-- 7i7 the ,secretary determines that compensation for damages has been paid in accordance with1 as applicable-- 7,i7 the terms of the surface use agreement under paragraph 7#b77;,b77xiii72 or 7,,ii7 the determination of the ,secretary under paragraph 7#c77;,a77iii72 7ii7 the surface estate owner and the operator have executed1 and submitted to the ,secretary1 a surface use and compensation agreement providing that the bond or other financial assurance should be released2 7iii7 the ,secretary determines that-- 7,i7 there has been a final resolution of any action for damages2 and 7,,ii7 any damages awarded pursuant to that action have been paid2 or 7iv7 the ,secretary determines that-- 7,i7 all wells on the covered land have been plugged and abandoned2 and 7,,ii7 the operator has not conducted oil and gas operations on the covered land for a period of not less than #f years4 4