,,ii #aagth ,,congress #b;d ,session ,s4 #dbbi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ag1 #bjbb,mr4 ,barrasso 7for himself1 ,ms4 ,lummis1 ,mr4 ,risch1 ,mr4 ,marshall1 ,mr4 ,hoeven1 and ,mr4 ,cruz7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to empower ,states to manage the development and production of oil and gas on available ,federal land1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,opportunities for the ,nation and ,states to ,harness ,onshore ,resources for ,energy ,act or the ,,onshore ,act4 #b4 ,clarification of authority ,section #ag7;a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;a77 is amended by striking may be leased by the ,secretary4 and inserting the following3 8shall be leased by the ,secretary of the ,interior1 or for ,national ,forest ,system land1 the ,secretary of ,agriculture1 unless-- 7#a7 otherwise excluded under this ,act2 or 7#b7 the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 shows good cause for why such land should not be leased4 4 #c4 ,cooperative federalism in oil and gas permitting on available ,federal land 7a7 ,in general ,the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 is amended-- 7#a7 by redesignating section #dd as section #dg2 and 7#b7 by adding after section #dc the following3 #dd4 ,cooperative federalism in oil and gas permitting on available ,federal land 7a7 ,definitions ,in this section3 7#a7 ,,apd ,the term ,,apd means a permit-- 7,a7 that grants authority to drill for oil and gas2 and 7,b7 for which an application has been received that includes-- 7i7 a drilling plan2 7ii7 a surface use plan of operations described in section #cafb4c-a7;f7 of title #dc1 ,code of ,federal ,regulations 7or a successor regulation72 and 7iii7 evidence of bond coverage4 7#b7 ,available ,federal land ,the term available ,federal land means any ,federal land that-- 7,a7 is located within the boundaries of a ,state2 7,b7 is not held by the ,united ,states in trust for the benefit of a federally recognized ,indian ,tribe or a member of a federally recognized ,indian ,tribe2 7,c7 is not a unit of the ,national ,park ,system2 7,d7 is not a unit of the ,national ,wildlife ,refuge ,system1 other than a unit of the ,national ,wildlife ,refuge ,system for which oil and gas drilling is allowed under law2 7,e7 is not a congressionally approved wilderness area under the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq472 and 7,f7 has been identified as land available for lease1 or has been leased1 for the exploration1 development1 and production of oil and gas-- 7i7 by the ,bureau of ,land ,management under-- 7,i7 a resource management plan under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 or 7,,ii7 an integrated activity plan with respect to the ,national ,petroleum ,reserve-,alaska2 or 7ii7 by the ,forest ,service under a ,national ,forest management plan under the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjj et seq474 7#c7 ,drilling plan ,the term drilling plan means a plan described in section #cafb4c-a7;e7 of title #dc1 ,code of ,federal ,regulations 7or a successor regulation74 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#e7 ,state applicant ,the term ,state applicant means a ,state that submits an application under subsection 7c74 7#f7 ,state program ,the term ,state program means a program in a ,state under which the ,state may-- 7,a7 issue ,a,p,ds1 approve drilling plans1 approve sundry notices1 approve suspensions of operations or production1 or grant rights-of-way on available ,federal land2 and 7,b7 impose sanctions for violations of ,state laws1 regulations1 or any condition of an issued ,,apd or approved drilling plan1 as applicable4 7#g7 ,sundry notice ,the term sundry notice means a written request-- 7,a7 to perform work not covered under an ,,apd or drilling plan2 or 7,b7 for a change to operations covered under an ,,apd or drilling plan4 7#h7 ,suspension of operations or production ,the term suspension of operations or production means a suspension of operations or production described in section #cajc4d-d of title #dc1 ,code of ,federal ,regulations 7or successor regulations74 7b7 ,authorizations 7#a7 ,in general ,on receipt of an application under subsection 7c71 the ,secretary may delegate to a ,state exclusive authority-- 7,a7 to issue an ,,apd on available ,federal land2 7,b7 to approve drilling plans on available ,federal land2 7,c7 to approve sundry notices relating to work performed on available ,federal land2 7,d7 to approve suspensions of operations or production2 and 7,e7 to grant rights-of-way in accordance with paragraph 7#c74 7#b7 ,inspection and enforcement ,on request of a ,state for which authority is delegated under paragraph 7#a71 the authority delegated may include the authority to inspect and enforce an ,,apd1 drilling plan1 or right-of-way1 as applicable4 7#c7 ,rights-of-way ,the authority to grant a right-of-way delegated to a ,state under paragraph 7#a77;,e7 shall be the authority of the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 under section #eja of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa71 to grant1 issue1 or renew rights-of-way over1 upon1 under1 or through available ,federal land for the purpose of mineral development4 7#d7 ,effect of ,federal environmental reviews ,a ,state for which authority is delegated under paragraph 7#a7 shall continue processing applications for an ,,apd1 applications for approval of a drilling plan1 applications for approval of a sundry notice1 and applications to grant a right-of-way1 regardless of whether the ,federal ,government is carrying out any review related to the ,,apd1 drilling plan1 sundry notice1 or right-of-way under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7c7 ,state application process 7#a7 ,submission of application ,a ,state seeking a delegation of authority under subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of subsection 7b77#a7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7,a7 a description of the ,state program that the ,state proposes to administer under ,state law2 and 7,b7 a statement from the ,governor or attorney general of the ,state that demonstrates that the laws of the ,state provide adequate authority to carry out the ,state program4 7#b7 ,deadline for approval or disapproval ,not later than #ahj days after the date on which an application under paragraph 7#a7 is received1 the ,secretary shall approve or disapprove the application4 7#c7 ,requirements for approval 7,a7 ,in general ,the ,secretary may approve an application received under paragraph 7#a7 only if the ,secretary determines that-- 7i7 the ,state applicant would be at least as effective as the ,secretary in issuing ,a,p,ds1 approving drilling plans1 approving sundry notices1 approving suspensions of operations or production1 or granting rights-of-way1 as applicable2 7ii7 the ,state program of the ,state applicant-- 7,i7 complies with this ,act2 and 7,,ii7 provides for the termination or modification of an issued ,,apd1 approved drilling plan1 approved sundry notice1 approved suspension of operations or production1 or granted right-of-way1 as applicable1 for cause1 including for-- 7aa7 the violation of any condition of the issued ,,apd1 approved drilling plan1 approved sundry notice1 approved suspension of operations or production1 or granted right-of-way2 7bb7 obtaining the issued ,,apd1 approved drilling plan1 approved sundry notice1 approved suspension of operations or production1 or granted right-of-way by misrepresentation2 or 7cc7 failure to fully disclose in the application all relevant facts2 7iii7 the ,state applicant has sufficient administrative and technical personnel and sufficient funding to carry out the ,state program2 and 7iv7 approval of the application would not result in decreased royalty payments owed to the ,united ,states under subsection 7a7 of section #ce1 except as provided in subsection 7e7 of that section4 7,b7 ,memoranda of understanding ,with respect to a ,state applicant seeking authority under subsection 7b77#b77;,a7 to inspect and enforce ,a,p,ds1 drilling plans1 or rights-of-way1 as applicable1 before approving the application of the ,state applicant1 the ,secretary shall enter into a memorandum of understanding with the ,state applicant under paragraph 7#f7 that describes the ,federal and ,state responsibilities with respect to the inspection and enforcement4 7,c7 ,public notice ,before approving an application received under paragraph 7#a71 the ,secretary shall-- 7i7 provide public notice of the application2 7ii7 solicit public comment for the application2 and 7iii7 hold a public hearing for the application in the ,state4 7#d7 ,disapproval ,if the ,secretary disapproves an application submitted under paragraph 7#a71 the ,secretary shall provide to the ,state applicant written notification of-- 7,a7 the reasons for the disapproval1 including any information1 data1 or analysis on which the disapproval is based2 and 7,b7 any revisions or modifications necessary to obtain approval4 7#e7 ,resubmittal of application ,a ,state may resubmit an application under paragraph 7#a7 at any time4 7#f7 ,state memoranda of understanding ,before a ,state submits an application under paragraph 7#a71 the ,secretary1 on request of the ,state1 may enter into a memorandum of understanding with the ,state regarding the proposed ,state program-- 7,a7 to describe the ,federal and ,state responsibilities for oil and gas regulations2 7,b7 to provide technical assistance2 and 7,c7 to share best management practices4 7d7 ,administrative fees for ,a,p,ds 7#a7 ,in general ,a ,state for which authority has been delegated under subsection 7b77#a77;,a7 may collect a fee for each application for an ,,apd that is submitted to the ,state4 7#b7 ,no collection of fee by ,secretary ,the ,secretary may not collect a fee from the applicant or from the ,state for an application for an ,,apd that is submitted to a ,state for which authority has been delegated under subsection 7b77#a77;,a74 7#c7 ,use ,a ,state shall use #ajj percent of the fees collected under this subsection for the administration of the approved ,state program of the ,state4 7e7 ,voluntary termination of authority 7#a7 ,in general ,after providing written notice to the ,secretary1 a ,state may voluntarily terminate any authority delegated to the ,state under subsection 7b77#a7 on expiration of the #fj-;day period beginning on the date on which the ,secretary receives the written notice4 7#b7 ,resumption by ,secretary ,on termination of the authority delegated to a ,state under paragraph 7#a71 the ,secretary shall resume any activities for which authority was delegated to the ,state under subsection 7b77#a74 7f7 ,appeal of denial of application ,if a ,state for which the ,secretary has delegated authority under subsection 7b77#a7 denies an application submitted under subsection 7c77#a71 the applicant may appeal the decision to the ,office of ,hearings and ,appeals of the ,department of the ,interior4 7g7 ,federal administration of ,state program 7#a7 ,notification ,if the ,secretary has reason to believe that a ,state is not administering or enforcing an approved ,state program1 the ,secretary shall notify the relevant ,state regulatory authority of any possible deficiencies4 7#b7 ,state response ,not later than #cj days after the date on which a ,state receives notification of a possible deficiency under paragraph 7#a71 the ,state shall-- 7,a7 take appropriate action to correct the possible deficiency2 and 7,b7 notify the ,secretary of the action in writing4 7#c7 ,determination 7,a7 ,in general ,on expiration of the #cj-;day period described in paragraph 7#b71 the ,secretary shall issue public notice of any determination of the ,secretary that-- 7i7 a violation of all or any part of an approved ,state program has resulted from a failure of the ,state to administer or enforce the approved ,state program of the ,state2 or 7ii7 the ,state has not demonstrated the capability and intent of the ,state to administer or enforce the ,state program of the ,state4 7,b7 ,appeal ,a ,state may appeal the determination of the ,secretary under subparagraph 7,a7 in the applicable ,united ,states ,district ,court4 7,c7 ,resumption by ,secretary pending appeal ,the ,secretary may not resume activities under paragraph 7#d7 if an appeal under subparagraph 7,b7 is pending4 7#d7 ,resumption by ,secretary ,except as provided in paragraph 7#c77;,c71 if the ,secretary has made a determination under paragraph 7#c77;,a71 the ,secretary shall resume any activities for which authority was delegated to the ,state during the period-- 7,a7 beginning on the date on which the ,secretary issues the public notice under paragraph 7#c77;,a72 and 7,b7 ending on the date on which the ,secretary determines that the ,state may administer or enforce1 as applicable1 the approved ,state program of the ,state4 7#e7 ,standing ,a ,state with an approved regulatory program shall have standing to sue the ,secretary for any action taken under this subsection4 4 7b7 ,existing authorities ,section #cij7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeidb7;a77 is amended-- 7#a7 by striking ,action by the ,secretary and inserting ,the ,secretary2 7#b7 by striking with respect to any of the activities described in subsection 7b7 shall be subject to a rebuttable presumption that the use of and inserting shall apply2 and 7#c7 by striking would apply if the activity and inserting for each action described in subsection 7b7 if the action4 #d4 ,permitting on a non-,federal surface estate ,the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 is amended by inserting after section #dd 7as added by section #c7;a77#b77 the following3 #de4 ,permitting on a non-,federal surface estate 7a7 ,definitions ,in this section3 7#a7 ,drainage ,the term drainage1 with respect to a non-,federal surface estate1 means the migration of any hydrocarbon under the subsurface of the non-,federal surface estate4 7#b7 ,unit ,the term unit means a ,state-regulated drilling and spacing unit4 7b7 ,permits not required for certain activities on a non-,federal surface estate ,the following activities conducted on a non-,federal surface estate shall not require a permit from the ,bureau of ,land ,management and shall not be considered a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq473 7#a7 ,oil and gas operations for the exploration for1 or development or production of1 oil and gas in a lease or unit or communitization agreement in which the ,united ,states holds a mineral ownership interest of #ej percent or less4 7#b7 ,oil and gas operations that may have potential drainage impacts1 as determined by the ,bureau of ,land ,management1 on oil and gas in which the ,united ,states holds a mineral ownership interest4 7c7 ,,doi notification ,the ,secretary of the ,interior shall provide to each ,state a map or list indicating ,federal mineral ownership within that ,state4 7d7 ,state notification ,each ,state with an approved permit to drill or drilling plan that would impact or extract oil and gas owned by the ,federal ,government shall notify the ,secretary of the ,interior of the approved permit to drill or drilling plan4 7e7 ,royalties ,nothing in this section affects the amount of royalties due to the ,united ,states under this ,act from the production of oil and gas4 4 #e4 ,state and ,tribal authority for hydraulic fracturing regulation ,the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 is amended by inserting after section #de 7as added by section #d7 the following3 #df4 ,state and ,tribal authority for hydraulic fracturing regulation 7a7 ,definitions ,in this section3 7#a7 ,hydraulic fracturing ,the term hydraulic fracturing means the process of creating small cracks or fractures in underground geological formations for well stimulation purposes of bringing hydrocarbons into the wellbore and to the surface for capture4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,enforcement of ,federal regulations ,the ,secretary shall not enforce any ,federal regulation1 guidance1 or permit requirement regarding hydraulic fracturing relating to oil1 gas1 or geothermal production activities on or under any land in any ,state that has regulations1 guidance1 or permit requirements for that activity4 7c7 ,state authority ,the ,secretary shall defer to ,state regulations1 guidance1 and permit requirements for all activities regarding hydraulic fracturing relating to oil1 gas1 or geothermal production activities on ,federal land4 7d7 ,transparency of ,state regulations 7#a7 ,in general ,each ,state shall submit to the ,bureau of ,land ,management a copy of the regulations of the ,state that apply to hydraulic fracturing operations on ,federal land1 including the regulations that require disclosure of chemicals used in hydraulic fracturing operations4 7#b7 ,availability ,the ,secretary shall make available to the public on the website of the ,secretary the regulations submitted under paragraph 7#a74 7e7 ,tribal authority on trust land ,the ,secretary shall not enforce any ,federal regulation1 guidance1 or permit requirement with respect to hydraulic fracturing on any land held in trust or restricted status for the benefit of a federally recognized ,indian ,tribe or a member of a federally recognized ,indian ,tribe1 except with the express consent of the beneficiary on whose behalf the land is held in trust or restricted status4 4 #f4 ,protested lease sales ,section #ag7;b77#a77;,a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;b77#a77;,a77 is amended by inserting after the seventh sentence the following3 ,the ,secretary shall resolve any protest to a lease sale within #fj days following such payment44