< Back to S. 1027 (112th Congress, 2011–2013)

Text of the American Energy and Western Jobs Act

This bill was introduced on May 19, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of May 19, 2011 (Introduced).

Source: GPO

II

112th CONGRESS

1st Session

S. 1027

IN THE SENATE OF THE UNITED STATES

May 19, 2011

(for himself, Mr. Enzi, Mr. Lee, and Mr. Hatch) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To provide for the rescission of certain instruction memoranda of the Bureau of Land Management, to amend the Mineral Leasing Act to provide for the determination of the impact of proposed policy modifications, and for other purposes.

1.

Short title

This Act may be cited as the American Energy and Western Jobs Act.

2.

Rescission of certain instruction memoranda

The following are rescinded and shall have no force or effect:

(1)

The Bureau of Land Management Instruction Memorandum entitled Oil and Gas Leasing Reform—Land Use Planning and Lease Parcel Reviews, numbered 2010–117, and dated May 17, 2010.

(2)

The Bureau of Land Management Instruction Memorandum entitled Energy Policy Act Section 390 Categorical Exclusion Policy Revision, numbered 2010–118, and dated May 17, 2010.

(3)

Secretarial Order No. 3310 issued by the Secretary of the Interior on December 22, 2010.

3.

Amendments to the Mineral Leasing Act

(a)

Onshore oil and gas lease issuance improvement

Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended in the seventh sentence, by striking Leases shall be issued within 60 days following payment by the successful bidder of the remainder of the bonus bid, if any, and the annual rental for the first lease year and inserting The Secretary of the Interior shall automatically issue a lease 60 days after the date of the payment by the successful bidder of the remainder of the bonus bid, if any, and the annual rental for the first lease year, unless the Secretary of the Interior is able to issue the lease before that date. The filing of any protest to the sale or issuance of a lease shall not extend the date by which the lease is to be issued.

(b)

Judicial review

Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following:

(q)

Judicial review

Any action seeking judicial review of the adequacy of any program or site-specific environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) concerning oil and gas leasing for onshore Federal land shall be barred unless the action is brought in the appropriate district court of the United States by the date that is 60 days after the date on which there is published in the Federal Register the notice of the availability of the environmental impact statement.

.

(c)

Determination of impact of proposed policy modifications

The Mineral Leasing Act is amended by inserting after section 37 (30 U.S.C. 193) the following:

38.

Determination of impact of proposed policy modifications

(a)

Definitions

In this section:

(1)

Department

The term Department means the Department of the Interior.

(2)

Secretary

The term Secretary means the Secretary of the Interior.

(b)

Duty of Secretary

(1)

In general

Before the modification and implementation of any onshore oil or natural gas preleasing or leasing and development policy (as in effect as of January 1, 2010) or a policy relating to protecting the wilderness characteristics of public land, the Secretary shall—

(A)

complete an economic impact assessment in accordance with paragraph (2); and

(B)

issue a determination that the proposed policy modification would have the effects described in paragraph (2)(A).

(2)

Requirements

In carrying out an assessment to determine the impact of a proposed policy modification described in paragraph (1), the Secretary shall—

(A)

in consultation with the appropriate officials of each State (including political subdivisions of the State) in which 1 or more parcels of land subject to oil and natural gas leasing are located and any other appropriate individuals or entities, as determined by the Secretary—

(i)
(I)

carry out an economic analysis of the impact of the policy modification on oil- and natural gas-related employment opportunities and domestic reliance on foreign imports of petroleum resources; and

(II)

certify that the policy modification would not result in a detrimental impact on employment opportunities relating to oil- and natural gas-related development or contribute to an increase in the domestic use of imported petroleum resources; and

(ii)

carry out a policy assessment to determine the manner by which the policy modification would impact—

(I)

revenues from oil and natural gas receipts to the general fund of the Treasury, including a certification that the modification would, for the 10-year period beginning on the date of implementation of the modification, not contribute to an aggregate loss of oil and natural gas receipts; and

(II)

revenues to the treasury of each affected State that shares oil and natural gas receipts with the Federal Government, including a certification that the modification would, for the 10-year period beginning on the date of implementation of the modification, not contribute to an aggregate loss of oil and natural gas receipts; and

(B)

provide notice to the public of, and an opportunity to comment on, the policy modification in a manner consistent with subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as the Administrative Procedure Act).

.

4.

Annual report on revenues generated from multiple use of public land

(a)

Annual report

As part of the annual agency budget, the Secretary of the Interior (acting through the Director of the Bureau of Land Management) and the Secretary of Agriculture (acting through the Chief of the Forest Service) shall submit an annual report detailing, for each field office, the revenues generated by each use of public land.

(b)

Inclusions

The report shall include—

(1)

a line item for each use of public land, including use for—

(A)

grazing;

(B)

recreation;

(C)

timber;

(D)

leasable minerals, including a distinct accounting for each of oil, natural gas, coal, and geothermal development;

(E)

locatable minerals;

(F)

renewable energy sources, including a distinct accounting for each of wind and solar energy;

(G)

the sale of land; and

(H)

transmission; and

(2)

identification of the total acres designated as wilderness, wilderness study areas, and wild lands.

(c)

Availability

The Secretary of the Interior and the Secretary of Agriculture shall make the report prepared under this section publicly available on the applicable agency website.

5.

Federal onshore oil and natural gas production goal

(a)

In general

The Secretary of the Interior shall establish a domestic strategic production goal for the development of oil and natural gas managed by the Federal Government.

(b)

Requirements

In establishing the goal under subsection (a), the Secretary shall—

(1)

ensure that the United States maintains or increases production of Federal onshore oil and natural gas;

(2)

ensure that the 10-year production outlook for Federal onshore oil and natural gas be provided annually;

(3)

examine steps to streamline the permitting process to meet the goal;

(4)

include the goal in each resource management plan; and

(5)

analyze each proposed policy of the Department of the Interior for the potential impact of the policy on achieving the goal before implementation of the policy.

6.

Oil shale

(a)

Additional research and development lease sales

Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall hold a lease sale in which the Secretary of the Interior shall offer an additional 10 parcels for lease for research, development, and demonstration of oil shale resources in accordance with the terms offered in the solicitation of bids for the leases described in the notice entitled “Potential for Oil Shale Development; Call for Nominations—Oil Shale Research, Development, and Demonstration (R, D, and D) Program” (74 Fed. Reg. 2611).

(b)

Application of regulations

The final rule entitled “Oil Shale Management—General” (73 Fed. Reg. 69414), shall apply to all commercial leasing for the management of federally owned oil shale and any associated minerals located on Federal land.