,i #aaith ,,congress #ast ,session ,h4 ,r4 #ebf ,,in ,,the ,,house ,,of ,,representatives ,january #af1 #bjbe,mr4 ,ogles 7for himself1 ,mr4 ,pfluger1 ,mr4 ,weber of ,texas1 ,mr4 ,brecheen1 ,ms4 ,hageman1 ,ms4 ,maloy1 and ,mr4 ,williams of ,texas7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to amend the ,mineral ,leasing ,act to make certain adjustments to the royalty rates for leases for oil and gas extraction on ,federal land1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,declaration of ,energy ,independence ,act4 #b4 ,amendments to ,mineral ,leasing ,act 7a7 ,onshore oil and gas royalty rates 7#a7 ,lease of oil and gas land ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7 is amended-- 7,a7 by striking #afb_/c percent each place it appears and inserting #aba_/b percent2 and 7,b7 in subsection 7b77#a77;,a71 by striking or1 in the case of and all that follows through removed or sold from the lease4 ,the and inserting 4 ,the 4 7#b7 ,conditions for reinstatement ,section #ca7;e77#c7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahh7;e77#c77 is amended by striking #bj each place it appears and inserting #afb_/c4 7b7 ,oil and gas minimum bid ,section #ag7;b7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;b77 is amended-- 7#a7 in paragraph 7#a77;,b71 by striking #aj per acre during the #aj-year period beginning on the date of enactment of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad and inserting #b per acre for a period of #b years from the date of enactment of the ,federal ,onshore ,oil and ,gas ,leasing ,reform ,act of #aihg2 and 7#b7 in paragraph 7#b77;,c71 by striking #aj per acre and inserting #b per acre4 7c7 ,fossil fuel rental rates 7#a7 ,annual rentals ,section #ag7;d7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;d77 is amended by striking than #c per acre per year and all that follows through and #ae per acre per year thereafter and inserting than #a4ej per acre per year for the first through fifth years of the lease and not less than #b per acre per year for each year thereafter4 7#b7 ,rentals in reinstated leases ,section #ca7;e77#b7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahh7;e77#b77 is amended by striking #bj and inserting #aj4 7d7 ,elimination of fee for expression of interest ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7 is amended by striking subsection 7q74 7e7 ,noncompetitive ,leasing ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 by striking paragraph 7#b7 and inserting paragraphs 7#b7 and 7#c7 of this subsection2 and 7ii7 by inserting ,lands for which no bids are received or for which the highest bid is less than the national minimum acceptable bid shall be offered promptly within #cj days for leasing under subsection 7c7 of this section and shall remain available for leasing for a period of #b years after the competitive lease sale4 after the period at the end2 and 7,b7 by adding at the end the following3 7#c77;,a7 ,if the ,united ,states held a vested future interest in a mineral estate that1 immediately prior to becoming a vested present interest1 was subject to a lease under which oil or gas was being produced1 or had a well capable of producing1 in paying quantities at an annual average production volume per well per day of either not more than #ae barrels per day of oil or condensate1 or not more than #fj1jjj cubic feet of gas1 the holder of the lease may elect to continue the lease as a noncompetitive lease under subsection 7c77#a74 7,b7 ,an election under this paragraph is effective-- 7i7 in the case of an interest which vested after ,january #a1 #aiij1 and on or before the date of enactment of this paragraph1 if the election is made before the date that is #a year after the date of enactment of this paragraph2 7ii7 in the case of an interest which vests within #a year after the date of enactment of this paragraph1 if the election is made before the date that is #b years after the date of enactment of this paragraph2 and 7iii7 in any case other than those described in clause 7i7 or 7ii71 if the election is made prior to the interest becoming a vested present interest4 7,c7 ,notwithstanding the consent requirement referenced in section #c of the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #ceb71 the ,secretary shall issue a noncompetitive lease under subsection 7c77#a7 to a holder who makes an election under subparagraph 7,a7 and who is qualified to hold a lease under this ,act4 ,such lease shall be subject to all terms and conditions under this ,act that are applicable to leases issued under subsection 7c77#a74 7,d7 ,a lease issued pursuant to this paragraph shall continue so long as oil or gas continues to be produced in paying quantities4 7,e7 ,this paragraph shall apply only to those lands under the administration of the ,secretary of ,agriculture where the ,united ,states acquired an interest in such lands pursuant to the ,act of ,march #a1 #aiaa 7#cf ,stat4 #ifa74 2 7#b7 by striking subsection 7c7 and inserting the following3 7c77#a7 ,if the lands to be leased are not leased under subsection 7b77#a7 of this section or are not subject to competitive leasing under subsection 7b77#b7 of this section1 the person first making application for the lease who is qualified to hold a lease under this ,act shall be entitled to a lease of such lands without competitive bidding1 upon payment of a non-refundable application fee of at least #ge4 ,a lease under this subsection shall be conditioned upon the payment of a royalty at a rate of #ab4e percent in amount or value of the production removed or sold from the lease4 ,leases shall be issued within #fj days of the date on which the ,secretary identifies the first responsible qualified applicant4 7#b77;,a7 ,lands 7i7 which were posted for sale under subsection 7b77#a7 of this section but for which no bids were received or for which the highest bid was less than the national minimum acceptable bid and 7ii7 for which1 at the end of the period referred to in subsection 7b77#a7 of this section no lease has been issued and no lease application is pending under paragraph 7#a7 of this subsection1 shall again be available for leasing only in accordance with subsection 7b77#a7 of this section4 7,b7 ,the land in any lease which is issued under paragraph 7#a7 of this subsection or under subsection 7b77#a7 of this section which lease terminates1 expires1 is cancelled or is relinquished shall again be available for leasing only in accordance with subsection 7b77#a7 of this section4 2 and 7#c7 by striking subsection 7e7 and inserting the following3 7e7 ,competitive and noncompetitive leases issued under this section shall be for a primary term of #aj years3 ,provided1 however1 ,that competitive leases issued in special tar sand areas shall also be for a primary term of ten years4 ,each such lease shall continue so long after its primary term as oil or gas is produced in paying quantities4 ,any lease issued under this section for land on which1 or for which under an approved cooperative or unit plan of development or operation1 actual drilling operations were commenced prior to the end of its primary term and are being diligently prosecuted at that time shall be extended for two years and so long thereafter as oil or gas is produced in paying quantities4 4 7f7 ,conforming amendments ,section #ca of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahh7 is amended-- 7#a7 in subsection 7d77#a71 by inserting or section #ag7;c7 of this ,act after pursuant to section #ag7;b72 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#b7-- 7i7 by inserting either after rentals and2 and 7ii7 by inserting or the inclusion in a reinstated lease issued pursuant to the provisions of section #ag7;c7 of this ,act of a requirement that future rentals shall be at a rate not less than #e per acre per year1 all after per acre per year12 and 7,b7 in paragraph 7#c7-- 7i7 by striking 7#c7 payment and inserting the following3 7#c77;,a7 payment 2 and 7ii7 by adding at the end the following3 7,b7 payment of back royalties and inclusion in a reinstated lease issued pursuant to the provisions of section #ag7;c7 of this ,act of a requirement for future royalties at a rate not less than #af percent3 ,provided1 ,that royalty on such reinstated lease shall be paid on all production removed or sold from such lease subsequent to the cancellation or termination of the original lease2 and 2 7#c7 by redesignating subsections 7f7 through 7i7 as subsections 7g7 through 7j71 respectively2 7#d7 by inserting after subsection 7e7 the following3 7f7 ,where an unpatented oil placer mining claim validly located prior to ,february #bd1 #aibj1 which has been or is currently producing or is capable of producing oil or gas1 has been or is hereafter deemed conclusively abandoned for failure to file timely the required instruments or copies of instruments required by section #cad of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agdd71 and it is shown to the satisfaction of the ,secretary that such failure was inadvertent1 justifiable1 or not due to lack of reasonable diligence on the part of the owner1 the ,secretary may issue1 for the lands covered by the abandoned unpatented oil placer mining claim1 a noncompetitive oil and gas lease1 consistent with the provisions of section #ag7;e7 of this ,act1 to be effective from the statutory date the claim was deemed conclusively abandoned4 ,issuance of such a lease shall be conditioned upon-- 7#a7 a petition for issuance of a noncompetitive oil and gas lease1 together with the required rental and royalty1 including back rental and royalty accruing from the statutory date of abandonment of the oil placer mining claim1 being filed with the ,secretary-- 7,a7 with respect to any claim deemed conclusively abandoned on or before the date of enactment of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb1 on or before the one hundred and twentieth day after such date of enactment1 or 7,b7 with respect to any claim deemed conclusively abandoned after such date of enactment1 on or before the one hundred and twentieth day after final notification by the ,secretary or a court of competent jurisdiction of the determination of the abandonment of the oil placer mining claim2 7#b7 a valid lease not having been issued affecting any of the lands covered by the abandoned oil placer mining claim prior to the filing of such petition3 ,provided1 however1 ,that after the filing of a petition for issuance of a lease under this subsection1 the ,secretary shall not issue any new lease affecting any of the lands covered by such abandoned oil placer mining claim for a reasonable period1 as determined in accordance with regulations issued by him2 7#c7 a requirement in the lease for payment of rental1 including back rentals accruing from the statutory date of abandonment of the oil placer mining claim1 of not less than #e per acre per year2 7#d7 a requirement in the lease for payment of royalty on production removed or sold from the oil placer mining claim1 including all royalty on production made subsequent to the statutory date the claim was deemed conclusively abandoned1 of not less than #aba_/b percent2 and 7#e7 compliance with the notice and reimbursement of costs provisions of paragraph 7#d7 of subsection 7e7 but addressed to the petition covering the conversion of an abandoned unpatented oil placer mining claim to a noncompetitive oil and gas lease4 2 7#e7 in subsection 7g7 7as so redesignated7-- 7,a7 in paragraph 7#a71 by striking in the same manner as the original lease issued pursuant to section #ag and inserting as a competitive or a noncompetitive oil and gas lease in the same manner as the original lease issued pursuant to section #ag7;b7 or #ag7;c7 of this ,act2 7,b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,except as otherwise provided in this section1 the issuance of a lease in lieu of an abandoned patented oil placer mining claim shall be treated as a noncompetitive oil and gas lease issued pursuant to section #ag7;c7 of this ,act4 2 and 7,d7 in paragraph 7#c7 7as so redesignated71 by inserting applicable to leases issued under subsection #ag7;c7 of this ,act 7#cj ,u4,s4,c4 #bbf7;c77 after this section12 7#f7 in subsection 7h7 7as so redesignated71 by striking subsection 7d7 and inserting subsections 7d7 and 7f7 of this section2 and 7#g7 by striking subsection 7i7 7as so redesignated7 and inserting the following3 7i77#a7 ,in acting on a petition to issue a noncompetitive oil and gas lease1 under subsection 7f7 of this section or in response to a request filed after issuance of such a lease1 or both1 the ,secretary is authorized to reduce the royalty on such lease if in his judgment it is equitable to do so or the circumstances warrant such relief due to uneconomic or other circumstances which could cause undue hardship or premature termination of production4 7#b7 ,in acting on a petition for reinstatement pursuant to subsection 7d7 of this section or in response to a request filed after reinstatement1 or both1 the ,secretary is authorized to reduce the royalty in that reinstated lease on the entire leasehold or any tract or portion thereof segregated for royalty purposes if1 in his judgment1 there are uneconomic or other circumstances which could cause undue hardship or premature termination of production2 or because of any written action of the ,united ,states1 its agents or employees1 which preceded1 and was a major consideration in1 the lessee's expenditure of funds to develop the property under the lease after the rent had become due and had not been paid2 or if in the judgment of the ,secretary it is equitable to do so for any reason4 4