II 

116TH CONGRESS 

2D SESSION S. 4641 

To amend the Mineral Leasing Act to provide for transparency and landowner 

protections in the conduct of lease sales under that Act, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2020 

Mr. BENNET 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 provide for transparency and landowner protections in the conduct of 

lease sales under that Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Engagement 

5 Opportunity on Public Land Exploration Act of 2020’’ or 

6 the ‘‘PEOPLE Act of 2020’’. 

7 SEC. 2. TRANSPARENCY AND LANDOWNER PROTECTIONS. 

8 (a) REQUIREMENTS FOR INCLUSION OF LAND IDEN9 TIFIED IN EXPRESSIONS OF INTEREST IN LEASE


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4641 IS

1 SALES.—Section 17(b) of the Mineral Leasing Act (30 

2 U.S.C. 226(b)) is amended by adding at the end the fol3 lowing: 

4 ‘‘(4) REQUIREMENTS FOR INCLUSION OF LAND

5 IDENTIFIED IN EXPRESSIONS OF INTEREST IN

6 LEASE SALES.— 

7 ‘‘(A) IN GENERAL.—A member of the pub8 lic may submit to the Secretary an expression 

9 of interest that identifies land for consideration 

10 for inclusion by the Secretary in a lease sale 

11 under this section. 

12 ‘‘(B) INCLUSION OF LAND IN LEASE

13 SALE.—Subject to the requirements of this sec14 tion, the Secretary may include in a lease sale 

15 under this section the land identified under an 

16 expression of interest received by the Secretary. 

17 ‘‘(C) NOTIFICATION.—On receipt of an ex18 pression of interest, the Secretary shall notify 

19 by certified mail, electronic mail, and electronic 

20 posting on the website of the relevant leasing or 

21 land management agency— 

22 ‘‘(i) any owners of surface rights on 

23 land identified under the expression of in24 terest; 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 4641 IS

1 ‘‘(ii) any holders of recreational or 

2 special use permits on the land; 

3 ‘‘(iii) any holders of grazing rights on 

4 the land; 

5 ‘‘(iv) any owner of a water right the 

6 water of which originates on or flows over 

7 the land; 

8 ‘‘(v) any owner of a water conveyance 

9 structure, such as a ditch, on the land; and 

10 ‘‘(vi) the local government with juris11 diction over the area in which the land is 

12 located. 

13 ‘‘(D) TRANSPARENCY.— 

14 ‘‘(i) IN GENERAL.—The Secretary 

15 shall require that each bid for a lease de16 scribed in subparagraph (B) include— 

17 ‘‘(I) the name of the person or 

18 entity submitting the bid, including 

19 the name of all subsidiaries, affiliates, 

20 and entities controlled by, or under 

21 common control with, the person or 

22 entity; 

23 ‘‘(II) if an agent is submitting 

24 the bid on behalf of a person or enti25 ty, the name of the person or entity 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 4641 IS

1 on behalf of which the agent is acting, 

2 including all subsidiaries, affiliates, 

3 and entities controlled by, or under 

4 common control with, the person or 

5 entity; and 

6 ‘‘(III) if the person or entity sub7 mitting the bid is the person or entity 

8 that submitted the applicable expres9 sion of interest, or if an agent is sub10 mitting the bid on behalf of the per11 son or entity that submitted the appli12 cable expression of interest, a disclo13 sure of that fact. 

14 ‘‘(ii) PUBLICATION.—The Secretary 

15 shall publish on the website of the relevant 

16 leasing or land management agency each 

17 name disclosed in a bid under clause (i).’’. 

18 (b) NOTICE REQUIREMENTS.—Section 17(f) of the 

19 Mineral Leasing Act (30 U.S.C. 226(f)) is amended— 

20 (1) in the sixth sentence, by striking ‘‘The re21 quirements’’ and inserting the following: 

22 ‘‘(5) APPLICABILITY OF OTHER NOTICE RE23 QUIREMENTS.—The requirements’’; 

24 (2) in the fifth sentence, by striking ‘‘Such 

25 maps’’ and inserting the following: 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 4641 IS

1 ‘‘(C) LOCATION.—A map included in a no2 tice under paragraph (1)’’; 

3 (3) in the fourth sentence, by striking ‘‘Where 

4 the inclusion of maps in such notice’’ and inserting 

5 the following: 

6 ‘‘(B) AVAILABILITY.—If the inclusion of 

7 maps in a notice under paragraph (1)’’; 

8 (4) in the third sentence, by striking ‘‘Such no9 tice’’ and inserting the following: 

10 ‘‘(2) REQUIRED INCLUSIONS.— 

11 ‘‘(A) IN GENERAL.—A notice required 

12 under paragraph (1)’’; 

13 (5) by striking ‘‘(f) At least’’ and all that fol14 lows through ‘‘land management agencies.’’ and in15 serting the following: 

16 ‘‘(f) NOTICE REQUIREMENTS.— 

17 ‘‘(1) IN GENERAL.—Not later than 90 days be18 fore offering land for lease under this section, and 

19 not later than 30 days before approving an applica20 tion for permit to drill under the provisions of a 

21 lease issued under this section, modifying the terms 

22 of any lease issued under this section, or granting a 

23 waiver, exception, or modification of any stipulation 

24 of a lease issued under this section, the Secretary 

25 shall— 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 4641 IS

1 ‘‘(A) post notice in the appropriate local 

2 offices, and on the electronic websites, of the 

3 leasing and land management agencies offering 

4 the land for lease; 

5 ‘‘(B) notify by certified mail and electronic 

6 mail any— 

7 ‘‘(i) owners of surface rights on the 

8 land covered by the lease; 

9 ‘‘(ii) holders of special recreation per10 mits for commercial use, competitive 

11 events, or other organized activities on the 

12 land covered by the lease; 

13 ‘‘(iii) holders of grazing rights on the 

14 land covered by the lease; 

15 ‘‘(iv) owner of a water right the water 

16 of which originates on or flows over the 

17 land; 

18 ‘‘(v) owner of a water conveyance 

19 structure, such as a ditch, on the land; and 

20 ‘‘(vi) as applicable, members of the 

21 public who have submitted to the Secretary 

22 a request to receive notice regarding pro23 posed actions of the Secretary applicable 

24 to— 

25 ‘‘(I) a geographic area; or 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 4641 IS

1 ‘‘(II) a resource.’’; and 

2 (6) by inserting after paragraph (2) (as so des3 ignated) the following: 

4 ‘‘(3) ADDITIONAL REQUIREMENTS.— 

5 ‘‘(A) IN GENERAL.—Before determining 

6 the parcels to be included in a lease sale under 

7 this section, the Secretary shall provide a 

8 scoping period of not less than 30 days during 

9 which the Secretary shall provide public notice 

10 and an opportunity for comment regarding all 

11 parcels that may be included in the lease sale. 

12 ‘‘(B) ENVIRONMENTAL ANALYSIS.— 

13 ‘‘(i) DEFINITION OF DETERMINATION

14 OF NEPA ADEQUACY.—In this subpara15 graph, the term ‘determination of NEPA 

16 adequacy’ means a determination of the 

17 Secretary that an action— 

18 ‘‘(I) is adequately analyzed in an 

19 existing document prepared pursuant 

20 to the National Environmental Policy 

21 Act of 1969 (42 U.S.C. 4321 et seq.); 

22 and 

23 ‘‘(II) conforms with the applica24 ble land use plan. 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 4641 IS

1 ‘‘(ii) PUBLIC NOTICE AND COM2 MENT.—Before conducting a lease sale 

3 under this section, the Secretary, in com4 plying with the National Environmental 

5 Policy Act of 1969 (42 U.S.C. 4321 et 

6 seq.), shall ensure that the public has the 

7 period of time required under that Act to 

8 comment on any environmental analysis, 

9 including any determination of NEPA ade10 quacy, carried out with respect to the lease 

11 sale. 

12 ‘‘(iii) REQUIREMENT.—The period for 

13 public comment under clause (ii) shall be 

14 not less than 30 days. 

15 ‘‘(C) NEPA ANALYSIS REQUIREMENTS.— 

16 ‘‘(i) IN GENERAL.—Any analysis pre17 pared pursuant to the National Environ18 mental Policy Act of 1969 (42 U.S.C. 

19 4321 et seq.) for a lease sale under this 

20 section shall address all parcels being con21 sidered for sale. 

22 ‘‘(ii) RESTRICTION.—No parcel may 

23 be included in a lease sale under this sec24 tion— 

25 ‘‘(I) without compliance with— 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 4641 IS

1 ‘‘(aa) the public notice and 

2 comment requirements of this 

3 subsection; and 

4 ‘‘(bb) the National Environ5 mental Policy Act of 1969 (42 

6 U.S.C. 4321 et seq.); and 

7 ‘‘(II) unless the parcel is specifi8 cally identified and considered in the 

9 analysis for that specific lease sale 

10 carried out in compliance with the 

11 National Environmental Policy Act of 

12 1969 (42 U.S.C. 4321 et seq.). 

13 ‘‘(D) SURFACE MANAGEMENT BY ANOTHER

14 FEDERAL AGENCY.—With respect to a parcel 

15 the surface of which is managed by another 

16 Federal agency, the parcel may not be included 

17 in a lease sale under this section without the 

18 consent of that Federal agency for that specific 

19 lease sale. 

20 ‘‘(E) PROTESTS.— 

21 ‘‘(i) IN GENERAL.—Any party may 

22 file a protest regarding the inclusion of a 

23 parcel in a lease sale under this section. 

24 ‘‘(ii) DEADLINE; METHOD OF FIL25 ING.—A protest under clause (i)— 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 4641 IS

1 ‘‘(I) shall be filed by the date 

2 that is not later than 45 days after 

3 the date on which the Secretary gives 

4 notice of the lease sale under para5 graph (1); and 

6 ‘‘(II) may be filed by electronic 

7 mail. 

8 ‘‘(4) LOCAL GOVERNMENTS.—Before taking 

9 any action for which notice or opportunity for com10 ment is required under this subsection, the Secretary 

11 shall provide to local governments with jurisdiction 

12 over the area in which land covered by a proposed 

13 action is located notice and an opportunity for com14 ment that meets or exceeds the requirements for no15 tice and opportunity for comment under this sub16 section.’’. 

17 (c) SURFACE ESTATE OWNER PROTECTION.—Sec18 tion 17 of the Mineral Leasing Act (30 U.S.C. 226) is 

19 amended by adding at the end the following: 

20 ‘‘(q) SURFACE ESTATE OWNER PROTECTION.— 

21 ‘‘(1) DEFINITION OF COVERED LAND.—In this 

22 subsection, the term ‘covered land’ means land sub23 ject to a lease under this section— 

24 ‘‘(A) the title to the oil and gas resources 

25 of which is held by the United States; but 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 4641 IS

1 ‘‘(B) the title to the surface estate of 

2 which is not held by the United States. 

3 ‘‘(2) POST-LEASE SURFACE USE AGREEMENT.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 paragraph (3), the Secretary shall not authorize 

6 any operator to conduct exploration and drilling 

7 operations on covered land until the operator 

8 files with the Secretary a document, signed by 

9 the operator and the 1 or more surface estate 

10 owners, demonstrating that the operator has se11 cured a written surface use agreement between 

12 the operator and the 1 or more surface estate 

13 owners that meets the requirements of subpara14 graph (B). 

15 ‘‘(B) CONTENTS.—The surface use agree16 ment under subparagraph (A) shall provide 

17 for— 

18 ‘‘(i) the use by the operator of only 

19 such portion of the surface estate as is rea20 sonably necessary for exploration and drill21 ing operations based on site-specific condi22 tions; 

23 ‘‘(ii) the accommodation of the sur24 face estate owner to the maximum extent 

25 practicable, including the location, use, 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 4641 IS

1 timing, and type of exploration and drilling 

2 operations, consistent with the right of the 

3 operator to develop the oil and gas estate; 

4 ‘‘(iii) placement, specifications, main5 tenance, and design of well pads, gathering 

6 pipelines, and roads to be constructed for 

7 oil and gas operations, to the extent 

8 known; 

9 ‘‘(iv) terms of ingress and egress on 

10 the surface of the land for oil and gas op11 erations; 

12 ‘‘(v) construction, maintenance, and 

13 placement of all pits and equipment used 

14 or planned for oil and gas operations, to 

15 the extent known; 

16 ‘‘(vi) use and impoundment of water 

17 on the surface of the land; 

18 ‘‘(vii) removal and restoration of plant 

19 life; 

20 ‘‘(viii) surface water drainage 

21 changes; 

22 ‘‘(ix) actions to limit and effectively 

23 control precipitation runoff and erosion; 

24 ‘‘(x) control and management of 

25 noise, weeds, dust, traffic, trespass, litter, 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 4641 IS

1 and interference with the use of the sur2 face estate owner; 

3 ‘‘(xi) operator indemnification for in4 jury to persons caused by the operator or 

5 a subcontractor or agent of the operator; 

6 ‘‘(xii) the reclamation of the site to a 

7 condition capable of supporting the uses 

8 that the land was capable of supporting 

9 prior to exploration and drilling operations; 

10 and 

11 ‘‘(xiii) compensation for damages re12 sulting from exploration and drilling oper13 ations, including— 

14 ‘‘(I) loss of income and increased 

15 costs incurred; 

16 ‘‘(II) damage to, or destruction 

17 of, personal property, including crops, 

18 forage, and livestock; and 

19 ‘‘(III) failure to reclaim the site 

20 in accordance with clause (xii). 

21 ‘‘(C) PROCEDURE.— 

22 ‘‘(i) NOTICE OF INTENT TO ENTER

23 INTO AGREEMENT.—An operator shall no24 tify the 1 or more surface estate owners of 

25 the desire of the operator to conclude an 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•S 4641 IS

1 agreement under this paragraph by cer2 tified mail or electronic mail. 

3 ‘‘(ii) ARBITRATION.— 

4 ‘‘(I) IN GENERAL.—If the surface 

5 estate owner and the operator do not 

6 reach an agreement under clause (i) 

7 by the date that is 90 days after the 

8 date on which the operator provides 

9 notice under that clause, the operator 

10 may submit the matter to third-party 

11 arbitration. 

12 ‘‘(II) DEADLINE FOR ARBITRA13 TION.—An arbitration under sub14 clause (I) shall be concluded within a 

15 period of 90 days. 

16 ‘‘(III) COST.—The cost of an ar17 bitration under subclause (I) shall be 

18 the responsibility of the operator. 

19 ‘‘(IV) LIST OF ARBITRATORS.— 

20 The Secretary shall make publicly 

21 available a list of persons who are 

22 qualified to arbitrate disputes under 

23 this clause. 

24 ‘‘(V) QUALIFICATIONS OF ARBI25 TRATORS.—In order to arbitrate a 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•S 4641 IS

1 dispute under this clause, an arbi2 trator shall meet the minimum quali3 fication criteria of the American Arbi4 tration Association, including— 

5 ‘‘(aa) a minimum of 10 

6 years of senior-level business or 

7 professional experience or legal 

8 practice; 

9 ‘‘(bb) an educational degree 

10 or professional licenses appro11 priate to the oil and gas industry; 

12 ‘‘(cc) training or experience 

13 in arbitration or other forms of 

14 dispute resolution; and 

15 ‘‘(dd) membership in rel16 evant professional associations. 

17 ‘‘(VI) REFERRAL.—Referral of a 

18 matter for arbitration by an operator 

19 to an arbitrator identified by the Sec20 retary pursuant to subclause (IV) 

21 shall be sufficient to constitute com22 pliance with subclause (V). 

23 ‘‘(3) AUTHORIZED EXPLORATION AND DRILL24 ING OPERATIONS.— 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•S 4641 IS

1 ‘‘(A) AUTHORIZATION WITHOUT SURFACE

2 USE AGREEMENT.— 

3 ‘‘(i) IN GENERAL.—The Secretary 

4 may authorize an operator to conduct ex5 ploration and drilling operations on cov6 ered land without first securing a surface 

7 use agreement in accordance with para8 graph (2), if— 

9 ‘‘(I) the Secretary makes a deter10 mination in writing that— 

11 ‘‘(aa) the operator made a 

12 good faith attempt to conclude 

13 such an agreement, including by 

14 submitting the matter to arbitra15 tion in accordance with subclause 

16 (I) of paragraph (2)(C)(ii); but 

17 ‘‘(bb) an agreement was not 

18 concluded by the deadline under 

19 subclause (I) or (II), as applica20 ble, of that paragraph; 

21 ‘‘(II) the operator submits a plan 

22 of operations that provides for — 

23 ‘‘(aa) the matters described 

24 in paragraph (2)(B); and 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•S 4641 IS

1 ‘‘(bb) compliance with all 

2 other applicable requirements of 

3 Federal and State law; and 

4 ‘‘(III) the operator posts a bond 

5 or other financial assurance in the 

6 form of a surety bond, trust fund, let7 ter of credit, government security, cer8 tificate of deposit, cash, or equivalent 

9 in an amount the Secretary deter10 mines to be adequate to ensure com11 pensation to the 1 or more surface es12 tate owners for any damages to, or 

13 reclamation of, the site. 

14 ‘‘(ii) LIMITATION.—Self-bonding shall 

15 not be an acceptable form of financial as16 surance under clause (i)(III). 

17 ‘‘(B) SURFACE ESTATE OWNER PARTICIPA18 TION.—In addition to any participation oppor19 tunities provided to members of the public 

20 under this section, with respect to a lease 

21 issued under this section for covered land, the 

22 Secretary shall provide surface estate owners 

23 with— 

24 ‘‘(i) before authorizing an operator to 

25 conduct exploration and drilling operations 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•S 4641 IS

1 on the covered land, a period of not less 

2 than 30 days to comment on the plans of 

3 operations of the operator; 

4 ‘‘(ii) an opportunity to participate in 

5 bond level determinations and bond release 

6 proceedings under subsection (g); 

7 ‘‘(iii) an opportunity to attend any on8 site inspection carried out for the purpose 

9 of a determination or proceeding under 

10 clause (ii); 

11 ‘‘(iv) an opportunity to file written ob12 jections to a proposed bond release; and 

13 ‘‘(v) an opportunity to request and 

14 participate in an onsite inspection if the 

15 surface estate owner has reason to believe 

16 there is a violation of the terms and condi17 tions of the plan of operations of the oper18 ator. 

19 ‘‘(C) PAYMENT OF FINANCIAL GUAR20 ANTEE.— 

21 ‘‘(i) IN GENERAL.—The owner of the 

22 surface estate of covered land subject to a 

23 lease issued under this section may petition 

24 the Secretary for payment of all or any 

25 portion of a bond or other financial assurVerDate Sep 11 2014 19:34 Oct 05, 2020 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4641.IS S4641

pamtmann on DSKBC07HB2PROD with BILLS
19 

•S 4641 IS

1 ance required under subsection (g) as com2 pensation for any damages resulting from 

3 exploration and drilling operations pursu4 ant to the lease. 

5 ‘‘(ii) FORM OF COMPENSATION.—If 

6 the Secretary approves the petition under 

7 clause (i), the Secretary may use the bond 

8 or other financial assurance referred to in 

9 that clause to provide compensation to the 

10 surface estate owner for the damages de11 scribed in the petition. 

12 ‘‘(4) SURFACE ESTATE OWNER NOTIFICA13 TION.—In addition to any notice provided to mem14 bers of the public under this section, with respect to 

15 a lease of covered land under this section, the Sec16 retary shall notify the 1 or more surface estate own17 ers by certified mail, electronic mail, and electronic 

18 posting on the website of the relevant leasing or land 

19 management agency— 

20 ‘‘(A) of the lease sale by not later than 90 

21 days before conducting the lease sale; 

22 ‘‘(B) of the identity and address of the les23 see by not later than 10 business days after the 

24 lease is issued; 


pamtmann on DSKBC07HB2PROD with BILLS
20 

•S 4641 IS

1 ‘‘(C) of any subsequent request or decision 

2 regarding the lease, including any request or 

3 decision to modify the lease, waive a stipulation, 

4 or approve a right of way, by not later than 5 

5 business days after the Secretary receives the 

6 request or makes the decision; and 

7 ‘‘(D) of any issuance of a permit to drill 

8 under the lease, by not later than 5 business 

9 days after issuance of the permit. 

10 ‘‘(5) BONDS OR FINANCIAL ASSURANCES.— 

11 ‘‘(A) IN GENERAL.—With respect to a 

12 lease of covered land under this section, the 

13 Secretary shall notify the 1 or more surface es14 tate owners by certified mail, electronic mail, 

15 and electronic posting on the website of the rel16 evant leasing or land management agency by 

17 not later than 30 days before establishing or re18 leasing a bond or other financial assurance 

19 under subsection (g). 

20 ‘‘(B) OBJECTIONS.—If a surface estate 

21 owner objects to the amount of the bond or 

22 other financial assurance to be required for a 

23 lease of covered land, the Secretary shall re24 spond in writing to the objections of the surface 


pamtmann on DSKBC07HB2PROD with BILLS
21 

•S 4641 IS

1 estate owner, including a description of the ra2 tionale for the amount. 

3 ‘‘(C) RELEASE OF BOND OF OTHER FINAN4 CIAL ASSURANCE.—The Secretary may release 

5 the bond or other financial assurance required 

6 for a lease of covered land only if— 

7 ‘‘(i) the Secretary determines that 

8 compensation for damages has been paid 

9 in accordance with, as applicable— 

10 ‘‘(I) the terms of the surface use 

11 agreement under paragraph 

12 (2)(B)(xiii); or 

13 ‘‘(II) the determination of the 

14 Secretary under paragraph (3)(A)(iii); 

15 ‘‘(ii) the surface estate owner and the 

16 operator have executed, and submitted to 

17 the Secretary, a surface use and compensa18 tion agreement providing that the bond or 

19 other financial assurance should be re20 leased; 

21 ‘‘(iii) the Secretary determines that— 

22 ‘‘(I) there has been a final reso23 lution of any action for damages; and 


pamtmann on DSKBC07HB2PROD with BILLS
22 

•S 4641 IS

1 ‘‘(II) any damages awarded pur2 suant to that action have been paid; 

3 or 

4 ‘‘(iv) the Secretary determines that— 

5 ‘‘(I) all wells on the covered land 

6 have been plugged and abandoned; 

7 and 

8 ‘‘(II) the operator has not con9 ducted oil and gas operations on the 

10 covered land for a period of not less 

11 than 6 years.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS