[House Report 117-498]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {     117-498

======================================================================

 
   RESOLUTION OF INQUIRY DIRECTING THE SECRETARY OF THE INTERIOR TO 
TRANSMIT CERTAIN DOCUMENTS TO THE HOUSE OF REPRESENTATIVES RELATING TO 
     THE COMPLIANCE WITH THE OBLIGATIONS OF THE MINERAL LEASING ACT

                                _______
                                

 September 28, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                             ADVERSE REPORT

                             together with

                            DISSENTING VIEWS

                      [To accompany H. Res. 1248]

    The Committee on Natural Resources, to whom was referred 
the resolution (H. Res. 1248) of inquiry directing the 
Secretary of the Interior to transmit certain documents to the 
House of Representatives relating to the compliance with the 
obligations of the Mineral Leasing Act, having considered the 
same, reports unfavorably thereon with amendments and 
recommends that the resolution as amended be not agreed to.
  Strike all after the resolving clause and insert the 
following:

  That the Secretary of the Interior is directed to transmit to the 
House of Representatives, not later than 14 days after the date of the 
adoption of this resolution, copies of any document, memorandum, 
correspondence, and other communication or any portion of any such 
communication, that refers or relates to the compliance with the 
obligations of the Mineral Leasing Act, including the following:
          (1) All documents and communications relating to the Mineral 
        Leasing Act's requirement to hold quarterly lease sales in each 
        eligible State, including but not limited to any reference to--
                  (A) cancelling lease sales in eligible sales;
                  (B) minimizing the acreage included in lease sales in 
                eligible lease sales; and
                  (C) the consequences of failing to hold mandated 
                lease sales.
          (2) All documents and communications relating to the Mineral 
        Leasing Act's requirement to process Applications for Permit to 
        Drill within 30 days of receipt at the Bureau of Land 
        Management, including but not limited to any reference to--
                  (A) delays in the approval process;
                  (B) the impact of staffing levels on the ability to 
                approve Applications for Permit to Drill; and
                  (C) instructions to intentionally slow the approval 
                process.
          (3) All documents and communications relating to the economic 
        implications of failing to hold quarterly lease sales in 
        eligible States or approve Applications for Permit to Drill 
        within 30 days, including but not limited to any reference to--
                  (A) decreasing domestic oil or natural gas 
                production;
                  (B) increasing dependence on foreign sources of oil 
                or natural gas;
                  (C) implications of funding for the Land and Water 
                Conservation Fund; and
                  (D) implications of funding for State and local 
                governments, including support for schools and law 
                enforcement.

                       PURPOSE OF THE LEGISLATION

    The purpose of H. Res. 1248 is to direct the Secretary of 
the Interior to transmit certain documents to the House of 
Representatives relating to the compliance with the obligations 
of the Mineral Leasing Act.

                 BACKGROUND REGARDING THIS LEGISLATION

    A resolution of inquiry (ROI) is a simple resolution (as 
opposed to a joint resolution or concurrent resolution) that 
makes a nonbinding demand for the Executive Branch to provide 
the U.S. House of Representatives with specific information.\1\ 
Pursuant to clause 7 of rule XIII of the Rules of the House of 
Representatives, if the committee of referral does not report a 
properly drafted ROI back to the House within 14 legislative 
days of the ROI's introduction, then any Member may offer a 
non-debatable motion on the House Floor that such ROI be 
discharged from committee. By contrast, if an ROI is reported 
to the House within the 14-day window, then only a Member 
authorized by the committee may call up the resolution on the 
floor.
---------------------------------------------------------------------------
    \1\See generally Christopher M. Davis, Cong. Res. Serv., IN10661, 
Resolutions of Inquiry in the House (updated July 21, 2022) https://
www.crs.gov/Reports/IN10661 and Christopher M. Davis, Cong. Res. Serv., 
R40879, Resolutions of Inquiry: An Analysis of Their Use in the House, 
1947-2017 (updated Nov. 9, 2017), https://www.crs.gov/reports/pdf/
R40879--of which the above text is largely excerpts.
---------------------------------------------------------------------------

                            COMMITTEE ACTION

    H. Res. 1248 was introduced on July 22, 2022, by 
Representative Yvette Herrell (R-NM). The resolution was 
referred solely to the Committee on Natural Resources, and 
within the Committee to the Subcommittee on Oversight and 
Investigations and the Subcommittee on Energy and Minerals 
Resources. On September 15, 2022, the Natural Resources 
Committee met to consider the legislation. The Subcommittees 
were discharged by unanimous consent. Chair Raul M. Grijalva 
(D-AZ) offered an amendment in the nature of a substitute, 
which was agreed to by voice vote. A recorded vote was 
requested and postponed on adopting the legislation as amended 
and ordering it reported unfavorably to the House. The 
Committee adjourned.
    On September 21, 2022, the Natural Resources Committee met 
to continue its consideration of the measure. The resolution, 
as amended, was adopted and ordered reported unfavorably to the 
House of Representatives by a roll call vote of 21 yeas and 19 
nays, as follows:

		
		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
		

                                HEARINGS

    Clause 3(c)(6) of House rule XIII requires designating a 
hearing as used to develop or consider certain bills and joint 
resolutions. The provision does not apply to simple 
resolutions.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    To the extent that clause 2(b)(1) of rule X and clause 
3(c)(1) of rule XIII of the Rules of the House of 
Representatives may apply, the Committee on Natural Resources' 
oversight findings and recommendations are reflected in the 
body of this report.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
The Committee notes that the requirements of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974 do not 
apply to committee reports on simple resolutions.\2\ Clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 402 of the Congressional Budget Act 
of 1974 also do not apply to simple resolutions.\3\ The 
Committee notes that clause 3(d) of rule XIII of the Rules of 
the House of Representatives as well does not apply to 
committee reports on simple resolutions.
---------------------------------------------------------------------------
    \2\See Congressional Budget and Impoundment Control Act of 1974, 
Pub. L. No. 93-344, Sec. 308(a), 88 Stat. 297, 313 (1974), https://
uscode.house.gov/statviewer.htm?volume=88&page=313 (codified as 2 
U.S.C. Sec. 639(a)) (statutory compilation through P.L. 116-94 at 
https://www.govinfo.gov/content/pkg/COMPS-10356/pdf/COMPS-10356.pdf) 
(explicitly limiting the subsection's various requirements to (1) ``a 
bill or joint resolution, or committee amendment thereto, providing new 
budget authority'', (2) a conference report, or (3) PAYGO legislation).
    \3\Compare Pub. L. No. 93-344, at Sec. 402 (codified as 2 U.S.C. 
Sec. 653) (limiting the section's requirements to ``each bill or 
resolution of a public character'' reported by a committee (emphasis 
added)), with, e.g., Jane A. Hudiburg, Cong. Res. Serv., R46603, Bills, 
Resolutions, Nominations, and Treaties: Characteristics and Examples of 
Use 4 (2020), https://www.crs.gov/reports/pdf/R46603 (noting that 
simple resolutions govern only ``the internal affairs of one chamber'' 
of congress and are not used for enacting public law).
---------------------------------------------------------------------------
    To the extent that any of the preceding requirements may 
nonetheless apply, the Committee notes that it has requested 
but not received a cost estimate for this legislation from the 
Director of Congressional Budget Office. The Committee adopts 
as its own cost estimate any forthcoming cost estimate of the 
Director of the Congressional Budget Office, should such cost 
estimate be made available before House agreement to the 
resolution. The Committee has requested but not received from 
the Director of the Congressional Budget Office a statement as 
to whether this legislation contains any new budget authority, 
spending authority, credit authority, or an increase or 
decrease in revenues or tax expenditures.
    2. General Performance Goals and Objectives. To the extent 
that clause 3(c)(4) of rule XIII of the Rules of the House of 
Representatives may apply, the general performance goals and 
objectives of this resolution are to express a nonbinding 
demand from the House to the Executive Branch for certain 
documents as described in the text of the resolution.

                           EARMARK STATEMENT

    Clause 9 of rule XXI of the Rules of the House of 
Representatives does not apply to reports on simple 
resolutions. However, the Committee finds that the legislation 
does not contain any Congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined under clause 
9(e), 9(f), and 9(g) of rule XXI.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    Section 423 of the Unfunded Mandates Reform Act does not 
apply to committee reports on simple resolutions. However, the 
Committee finds that the legislation contains no unfunded 
mandates as defined by the Unfunded Mandates Reform Act.

                           EXISTING PROGRAMS

    Clause 3(c)(5) of rule XIII of the Rules of the House of 
Representatives does not apply to committee reports on simple 
resolutions. However, the Committee finds that the legislation 
does not establish or reauthorize a program of the federal 
government known to be duplicative of another program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    Section 102(b)(3) of the Congressional Accountability Act 
does not apply to committee reports on simple resolutions. In 
any event, the Committee finds that the legislation does not 
relate to the terms and conditions of employment or access to 
public services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    The Committee finds that the resolution, if agreed to by 
the House, would not have the force of law and therefore would 
have no preemptive effect over state, local, or tribal law.

                        CHANGES IN EXISTING LAW

    Clause 3(e) of rule XIII of the Rules of the House of 
Representatives does not apply to committee reports on simple 
resolutions. In any event, the Committee finds that this 
legislation, if agreed to by the House, would make no changes 
to existing law.

                            DISSENTING VIEWS

    H. Res. 1248 would allow for transparency by requiring the 
Department of the Interior (DOI) to produce documents and 
communications relating to the requirement in the Mineral 
Leasing Act (MLA; 30 U.S.C. 181 et seq.) to hold quarterly 
lease sales, decisions to cancel planned onshore lease sales 
and minimize acreage offered for sale and potential 
consequences of failing to hold these sales. Further, the 
resolution requires DOI to produce documents and communications 
related to the requirement in the MLA to process Applications 
for Permit to Drill within 30 days of receipt, delays in the 
approval process, staffing challenges related to approving such 
permits and any direction to slow down the approval process. 
Finally, the resolution requires DOI to provide documents and 
communications related to the possible economic impacts of 
failing to hold lease sales or approve permits, including how 
such decisions might increase our dependence on foreign sources 
of energy and reduce funding for the Land and Water 
Conservation Fund and state and local governments.
    The Biden administration has attempted to delay and shut 
down onshore oil and natural gas production on our federal 
lands at every turn, starting with an Executive Order placing 
an indefinite moratorium on oil and gas leasing just one week 
after taking office. This directive was thrown out by the 
courts, forcing the administration to finally hold oil and gas 
lease sales after a 17-month delay. This delay was in direct 
violation of the MLA, which requires the Secretary to hold 
quarterly lease sales in each State with eligible lands for 
which parcels are nominated.
    The Bureau of Land Management (BLM) has also delayed in 
approving applications for permit to drill in a timely manner 
and, according to the agency's website, currently has a backlog 
of over 4,400 permits. Although, this backlog may have 
increased, as the BLM has not updated their website with 
current permitting status since May of this year. The MLA 
requires that permits be approved within 30 days, so long as 
the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et 
seq.) process does not require a longer review period. Without 
transparency into the permitting process, Congress cannot 
determine if these delays are required to comply with NEPA, or 
simply attempts to slow down production.
    This Committee has sent multiple inquiries to Secretary 
Haaland requesting information on these matters to which we 
have not received substantive responses. Energy producing 
states in the West utilize revenues from federal oil and gas 
development to fund schools, infrastructure, and public 
services. The citizens of these States deserve to understand 
how the BLM is administering the onshore leasing program within 
their borders and the American people deserve to know how 
mismanagement of this program is impacting their electricity 
and gas prices.
    For these reasons, I oppose reporting H. Res. 1248 
unfavorably.

                                                   Bruce Westerman.

                                  [all]