,,ii #aagth ,,congress #ast ,session ,s4 #fjg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #d1 #bjba,ms4 ,cortez ,masto introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,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 land1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,end ,speculative ,oil and ,gas ,leasing ,act of #bjba4 #b4 ,findings ,congress finds that-- 7#a7 ,federal land should be managed for multiple uses1 resources1 and values1 including recreation use1 grazing use1 timber resources1 mineral resources1 watershed management1 wildlife and fish habitat1 and natural1 scenic1 scientific1 and historic values2 7#b7 section #ag7;a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;a77 authorizes the ,secretary of the ,interior to offer for lease only land that is known or believed to contain oil or gas deposits2 7#c7 7,a7 in determining whether a parcel of ,federal land should be made available for oil and gas leasing and development1 and in offering such a parcel for sale1 the ,secretary does not meaningfully take into consideration the oil and gas development potential of that parcel2 and 7,b7 as a result1 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 7referred to in this section as no- or low-potential ,federal land72 7#d7 7,a7 no- or low-potential ,federal land is frequently leased for or near the minimum lease bid1 or noncompetitively1 and rarely produce oil or gas resources2 and 7,b7 as a result1 taxpayers in the ,united ,states receive minimal revenue from the leasing of no- or low-potential ,federal land2 7#e7 making no- or low-potential ,federal land available for oil and gas leasing can result in leases being obtained for speculative purposes2 7#f7 the ,secretary wastes taxpayer resources in issuing and managing leases on no- or low-potential ,federal land2 7#g7 no- or low-potential ,federal land frequently supports other economically important uses1 resources1 and values including the uses1 resources1 and values described in paragraph 7#a72 7#h7 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 uses1 resources1 and values described in paragraph 7#a72 and 7#i7 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 data4 #c4 ,policy ,in accordance with ,federal multiple use land management goals1 it is the policy of the ,united ,states that-- 7#a7 the ,secretary-- 7,a7 shall not1 absent exceptional circumstances1 offer for lease any ,federal land that has low or no potential for the development of oil and gas resources2 7,b7 shall discourage speculation in the ,federal onshore oil and gas leasing program2 and 7,c7 by not offering for lease ,federal land described in subparagraph 7,a71 shall conserve limited ,federal resources that can be better applied elsewhere2 and 7#b7 the policies described in paragraph 7#a7 are in keeping with1 and are not detrimental to1 the energy security of the ,united ,states4 #d4 ,definitions ,in this ,act3 7#a7 ,drainage ,the term drainage means the migration of hydrocarbons1 inert gases 7other than helium71 or associated resources from a well caused by production from another well4 7#b7 ,federal land ,the term ,federal land means-- 7,a7 public land2 and 7,b7 ,national ,forest ,system land4 7#c7 ,land use plan ,the term land use plan means-- 7,a7 a land use plan required under sections #bja and #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaa1 #agab71 including any resource management plan 7as defined in section #afja4j-e of title #dc1 ,code of ,federal ,regulations 7or successor regulations772 and 7,b7 a land and resource management plan developed by the ,secretary of ,agriculture pursuant to section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd74 7#d7 ,public land ,the term public land has the meaning given the term public lands in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb74 7#e7 ,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--#afbd-a--,planning for ,fluid ,mineral ,resources 7as in effect on the date of enactment of this ,act7 and issued pursuant to the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director of the ,bureau of ,land ,management4 #e4 ,federal land covered by reasonably foreseeable development scenario issued before date of enactment 7a7 ,in general ,with respect to ,federal land otherwise available for leasing of oil and gas resources pursuant to the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 or the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 that is covered by a reasonably foreseeable development scenario issued before the date of enactment of this ,act1 except as provided in subsection 7b71 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 leasing4 7b7 ,exception for drainage 7#a7 ,in general ,the ,secretary may offer for lease any ,federal land described in subsection 7a7 without meeting the requirements of that subsection if-- 7,a7 7i7 the ,federal land is adjacent to land currently producing oil or gas2 and 7ii7 the lease is issued for the purpose of preventing drainage from the adjacent land2 or 7,b7 the ,federal land-- 7i7 does not exceed #fdj acres2 and 7ii7 is located within #a mile of a well producing oil or gas in paying quantities on the date on which the ,federal land is offered for leasing4 7#b7 ,requirement ,a lease issued under paragraph 7#a7 shall be consistent with the applicable land use plan and all other applicable law4 #f4 ,federal land not covered by current reasonably foreseeable development scenario 7a7 ,in general 7#a7 ,in general ,except as provided in subsection 7c71 if the ,secretary determines that ,federal land otherwise available for leasing of oil and gas resources pursuant to the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 or the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 is not covered by a reasonably foreseeable development scenario issued in accordance with this subsection or section #e7;a71 the ,secretary1 in cooperation with the ,secretary of ,agriculture with respect to ,national ,forest ,system land1 shall complete such a reasonably foreseeable development scenario4 7#b7 ,requirements ,any reasonably foreseeable development scenario issued on or after the date of enactment of this ,act shall1 at a minimum-- 7,a7 assess and designate all ,federal land covered by the reasonably foreseeable development scenario as having high1 moderate1 low1 or no potential for development of oil and gas resources2 and 7,b7 publish a map depicting the covered ,federal land and the development potential for that ,federal land designated under subparagraph 7,a74 7#c7 ,factors 7,a7 ,in general ,in completing a reasonably foreseeable development scenario for ,federal land1 the ,secretary shall take into consideration-- 7i7 past and present exploration and development activity in the vicinity1 including historic trends2 7ii7 for each lease in the vicinity1 the number1 location1 and types of wells drilled1 the representative depth of wells drilled1 the number and location of dry holes1 the success ratio for wells drilled1 and the location1 production history1 and life expectancy of producing fields2 7iii7 geological1 geophysical1 and geochemical information for the ,federal land1 including data and information from the ,united ,states ,geological ,survey1 the ,department of ,energy1 ,state agencies1 industry1 professional societies1 academic sources1 and the public2 7iv7 structural and stratigraphic data and information relating to basins1 fields1 and plays on the ,federal land2 and 7v7 data and information on the likelihood that economically recoverable oil and gas resources are present in a given area1 including information submitted by experts and the public4 7,b7 ,explanation of factors ,the ,secretary shall document how each factor described in subparagraph 7,a7 and any other factors considered by the ,secretary support the designation of the potential for development of oil and gas resources on the ,federal land4 7#d7 ,opportunity for public participation ,in carrying out a reasonably foreseeable development scenario under this subsection1 the ,secretary shall-- 7,a7 notify the public that the reasonably foreseeable development scenario is being initiated2 7,b7 publish a request for information for the reasonably foreseeable development scenario2 7,c7 release a draft version of the reasonably foreseeable development scenario for a public review and comment for a period of not less than #fj days2 and 7,d7 consider and respond to public comments in the final version of the reasonably foreseeable development scenario4 7b7 ,regular update 7#a7 ,in general ,not later than #ae years after the date of enactment of this ,act1 and not less frequently than every #ae years thereafter1 the ,secretary1 consistent with subsection 7a7 and in cooperation with the ,secretary of ,agriculture with respect to ,national ,forest ,system land1 shall review and update all reasonably foreseeable development scenarios covering ,federal land4 7#b7 ,prohibition ,except as provided in subsection 7c71 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 7#cj ,u4,s4,c4 #aha et seq47 or the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 unless the ,secretary has updated the reasonably foreseeable development scenario covering that ,federal land in accordance with paragraph 7#a74 7c7 ,exception for drainage 7#a7 ,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 7#cj ,u4,s4,c4 #aha et seq47 or the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 without completing or updating a reasonably foreseeable development scenario for that land under subsection 7a7 or 7b71 as applicable1 if-- 7,a7 7i7 the ,federal land is adjacent to land currently producing oil or gas2 and 7ii7 the lease is issued for the purpose of preventing drainage from the adjacent land2 or 7,b7 the ,federal land-- 7i7 does not exceed #fdj acres2 and 7ii7 is located within #a mile of a well producing oil or gas in paying quantities on the date on which the ,federal land is offered for leasing4 7#b7 ,requirement ,a lease issued under paragraph 7#a7 shall be consistent with the applicable land use plan and all other applicable law4 #g4 ,land having no or low development potential under a reasonably foreseeable development scenario 7a7 ,in general ,except as provided in subsections 7b7 and 7c71 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 7#cj ,u4,s4,c4 #aha et seq47 or the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 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 resources4 7b7 ,exception for drainage 7#a7 ,in general ,the ,secretary may offer for lease any ,federal land described in subsection 7a7 if-- 7,a7 7i7 the ,federal land is adjacent to land currently producing oil or gas2 and 7ii7 the lease is issued for the purpose of preventing drainage from the adjacent land2 or 7,b7 the ,federal land-- 7i7 does not exceed #fdj acres2 and 7ii7 is located within #a mile of a well producing oil or gas in paying quantities on the date on which the ,federal land is offered for leasing4 7#b7 ,requirement ,a lease issued under paragraph 7#a7 shall be consistent with the applicable land use plan and all other applicable law4 7c7 ,variance process 7#a7 ,in general ,an entity seeking to lease ,federal land described in subsection 7a7 for purposes other than the purpose described in subsection 7b77#a77;,a77ii7 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-- 7,a7 be consistent with decisions contained in the land use plan in effect for the ,federal land2 7,b7 affect only areas-- 7i7 with low wildlife1 recreation1 livestock1 and other multiple-use resource values2 and 7ii7 where impacts to those values arising from the variance can be resolved2 7,c7 optimize the use of existing infrastructure and avoid duplication of infrastructure and disruption of public land2 7,d7 minimize adverse impacts on fish and wildlife habitats and migration and movement corridors in nearby areas2 7,e7 cause no significant effects on species listed as endangered species or threatened species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or the habitats of those species2 7,f7 cause no cumulative impacts on air or water resources of concern that cannot be avoided or minimized2 7,g7 cause no adverse impacts on-- 7i7 units of the ,national ,park ,system2 7ii7 units of the ,national ,wildlife ,refuge ,system2 7iii7 areas of critical environmental concern2 7iv7 components of the ,national ,wilderness ,preservation ,system2 or 7v7 other special status areas1 including ,state and local parks and wildlife and recreation areas2 and 7,h7 allow the ,federal land to be developed in the public interest4 7#b7 ,opportunity for public participation 7,a7 ,in general ,on receipt of an application for a variance under paragraph 7#a71 the ,secretary shall-- 7i7 promptly notify the public that the application has been received2 and 7ii7 provide the public with an opportunity to review and comment on the application1 including any supporting documents1 for a period of not less than #fj days4 7,b7 ,response ,the ,secretary shall consider and respond in writing to any public comments received under subparagraph 7,a77ii7 before making a determination under paragraph 7#c77;,a74 7#c7 ,granting of variance ,the ,secretary may grant a variance for ,federal land described in subsection 7a7 pursuant to an application submitted under paragraph 7#a71 and offer that ,federal land for lease1 if-- 7,a7 the ,secretary publishes in the ,federal ,register a determination that-- 7i7 the applicant met the burden of establishing and documenting that the variance would meet the requirements described in paragraph 7#a72 7ii7 offering the ,federal land for lease-- 7,i7 would not preclude the use of the ,federal land for other uses1 including grazing1 fish and wildlife1 and recreation uses2 and 7,,ii7 would be managed in accordance with the principles of multiple use 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb772 and 7iii7 the variance is in the public interest2 and 7,b7 the ,federal land-- 7i7 is adjacent to land currently producing oil or gas in commercial quantities on the date on which the variance is granted2 and 7ii7 does not exceed #fdj acres4 7#d7 ,requirement ,a lease issued under paragraph 7#c7 shall be consistent with the applicable land use plan and all other applicable law4 7#e7 ,limitation ,the ,secretary shall not grant more than #a variance under this subsection per #e-year period to an applicant or to an entity under common ownership or control with the applicant4 #h4 ,effect 7a7 ,multiple use considerations ,nothing in this ,act1 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 resources1 alters-- 7#a7 the requirements under section #bjb7;c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab7;c77 that prior to offering for lease any public land otherwise available for leasing of oil and gas resources pursuant to the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 or the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq471 the ,secretary shall consider and weigh the multiple use and sustained yield values of the public land2 7#b7 the requirements of subsections 7b7 and 7e7 of section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7 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 7#cj ,u4,s4,c4 #aha et seq47 or the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq471 the ,secretary of ,agriculture shall consider and weigh the multiple use and sustained yield values of the ,national ,forest ,system land2 or 7#c7 any other applicable requirements of law4 7b7 ,,nepa ,nothing in this ,act modifies1 alters1 or impacts the applicability of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 to the leasing of ,federal land by the ,secretary4