[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1027 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1027

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2011

Mr. Barrasso (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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

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    The following are rescinded and shall have no force or effect: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

SEC. 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:

``SEC. 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').''.

SEC. 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.

SEC. 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.

SEC. 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.
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