II 

118TH CONGRESS 

1ST SESSION S. 535 

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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 27, 2023 

Mr. HOEVEN (for himself, Mr. BARRASSO, Mr. CRAMER, and Mr. DAINES) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

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. 

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 ‘‘Bureau of Land Man5 agement Mineral Spacing Act’’. 

6 SEC. 2. COMPLIANCE WITH BLM PERMITTING. 

7 (a) IN GENERAL.—Notwithstanding the Mineral 

8 Leasing Act (30 U.S.C. 181 et seq.), the Federal Oil and 

9 Gas Royalty Management Act of 1982 (30 U.S.C. 1701 


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1 et seq.), or subpart 3162 of title 43, Code of Federal Reg2 ulations (or successor regulations), but subject to any 

3 State or Tribal requirements and subsection (c), the Sec4 retary of the Interior shall not require a permit to drill 

5 for an oil and gas lease under the Mineral Leasing Act 

6 (30 U.S.C. 181 et seq.) for an action occurring within an 

7 oil and gas drilling or spacing unit if— 

8 (1) less than 50 percent of the minerals within 

9 the oil and gas drilling or spacing unit are minerals 

10 owned by the Federal Government; and 

11 (2) the Federal Government does not own or 

12 lease the surface estate within the area directly im13 pacted by the action. 

14 (b) NOTIFICATION.—For each State permit to drill 

15 or drilling plan that would impact or extract oil and gas 

16 owned by the Federal Government— 

17 (1) each lessee, or designee of a lessee, shall— 

18 (A) notify the Secretary of the Interior of 

19 the submission of a State application for a per20 mit to drill or drilling plan on submission of the 

21 application; and 

22 (B) provide a copy of the application de23 scribed in subparagraph (A) to the Secretary of 

24 the Interior not later than 5 days after the date 

25 on which the permit or plan is submitted; and 


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1 (2) each lessee, designee of a lessee, or applica2 ble State shall notify the Secretary of the Interior of 

3 the approved State permit to drill or drilling plan 

4 not later than 45 days after the date on which the 

5 permit or plan is approved. 

6 (c) NONAPPLICABILITY TO INDIAN LANDS.—Sub7 section (a) shall not apply to Indian lands (as defined in 

8 section 3 of the Federal Oil and Gas Royalty Management 

9 Act of 1982 (30 U.S.C. 1702)). 

10 (d) EFFECT.—Nothing in this section affects— 

11 (1) other authorities of the Secretary of the In12 terior under the Federal Oil and Gas Royalty Man13 agement Act of 1982 (30 U.S.C. 1701 et seq.); or 

14 (2) the amount of royalties due to the Federal 

15 Government from the production of the Federal min16 erals within the oil and gas drilling or spacing unit. 

Æ 


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