118th CONGRESS 1st Session |
To amend the Mineral Leasing Act to streamline the oil and gas permitting process and to recognize fee ownership for certain oil and gas drilling or spacing units, and for other purposes.
February 27, 2023
Mrs. Bice introduced the following bill; which was referred to the Committee on Natural Resources
To amend the Mineral Leasing Act to streamline the oil and gas permitting process and to recognize fee ownership for certain oil and gas drilling or spacing units, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Bureau of Land Management Mineral Spacing Act”.
SEC. 2. Access to Federal energy resources from non-Federal surface estate.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following:
“(r) No federal permit required for oil and gas activities on certain land.—
“(1) IN GENERAL.—The Secretary shall not require an operator to obtain a Federal drilling permit for oil and gas exploration and production activities conducted on non-Federal surface estate, provided that—
“(A) the United States holds an ownership interest of less than 50 percent of the subsurface mineral estate to be accessed by the proposed action; and
“(B) the operator submits to the Secretary a State permit to conduct oil and gas exploration and production activities on the non-Federal surface estate.
“(2) NO FEDERAL ACTION.—An oil and gas exploration and production activity carried out under paragraph (1)—
“(A) shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332);
“(B) shall require no additional Federal action;
“(C) may commence 30 days after submission of the State permit to the Secretary; and
“(i) section 306108 of title 54, United States Code (commonly known as the National Historic Preservation Act of 1966); and
“(ii) section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).
“(3) ROYALTIES AND PRODUCTION ACCOUNTABILITY.— (A) Nothing in this subsection shall affect the amount of royalties due to the United States under this Act from the production of oil and gas, or alter the Secretary’s authority to conduct audits and collect civil penalties pursuant to the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.).
“(B) The Secretary may conduct onsite reviews and inspections to ensure proper accountability, measurement, and reporting of production of Federal oil and gas, and payment of royalties.
“(4) NONAPPLICABILITY TO INDIAN LANDS.—This subsection shall not apply to Indian lands.
“(5) INDIAN LAND.—In this subsection, the term ‘Indian land’ means—
“(A) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; and
“(B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—
“(i) in trust by the United States for the benefit of an Indian tribe or an individual Indian;
“(ii) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or
“(iii) by a dependent Indian community.”.