II 111th CONGRESS 2d Session S. 3385 IN THE SENATE OF THE UNITED STATES May 19, 2010 Mr. Bennett (for himself, Mr. Barrasso, Mr. Enzi, and Mr. Hatch) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Mineral Leasing Act to require the Secretary of the Interior to determine the impact of any proposed modification to the policy of the Department of the Interior relating to any onshore oil or natural gas preleasing or leasing activity, 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

Bureau of Land Management Instruction Memoranda numbered 2010–117 and 2010–118, issued on May 17, 2010, are rescinded and shall have no force or effect.

3.

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

Prior to 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), the Secretary shall— (A)complete an economic impact assessment in accordance with paragraph (2); and (B)determine that the proposed modification will have the effects described in paragraph (2)(A). (2)

Requirements

In carrying out an assessment under paragraph (1), to determine the impact of the policy modification described in that paragraph, the Secretary shall— (A)in consultation with the appropriate officials of each State (including county governments and other political subdivisions of each State) in which 1 or more parcels of land subject to oil and natural gas leasing are located, and each other appropriate individual or entity, 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 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 modification would impact— (I)revenues from oil and natural gas receipts to the general fund of the Treasury and certify 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 and certify 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 and an opportunity to comment on the 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).

.