I 

117TH CONGRESS 

1ST SESSION H. R. 1503 

To amend the Mineral Leasing Act to make certain adjustments in leasing 

on Federal lands for oil and gas drilling, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 2, 2021 

Mr. LEVIN of California (for himself, Mr. GRIJALVA, Mr. LOWENTHAL, Mr. 

NADLER, Ms. NORTON, Ms. BONAMICI, Mr. GARCI ́A of Illinois, Ms. LEE

of California, Ms. PORTER, and Ms. BROWNLEY) introduced the following 

bill; which was referred to the Committee on Natural Resources, and in 

addition to the Committee on Agriculture, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Mineral Leasing Act to make certain adjustments in leasing on Federal lands for oil and gas drilling, 

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 ‘‘Restoring Community 

5 Input and Public Protections in Oil and Gas Leasing Act 

6 of 2021’’. 


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1 SEC. 2. LEASING PROCESS. 

2 (a) ONSHORE OIL AND GAS LEASING.—Section 17(a) 

3 of the Mineral Leasing Act (30 U.S.C. 226(a)) is amended 

4 to read as follows: 

5 ‘‘(a) LEASING AUTHORITY.— 

6 ‘‘(1) IN GENERAL.—All lands subject to disposi7 tion under this Act that are known or believed to 

8 contain oil or gas deposits may be leased by the Sec9 retary. 

10 ‘‘(2) RECEIPT OF FAIR MARKET VALUE.—Leas11 ing activities under this Act shall be conducted to 

12 assure receipt of fair market value for the lands and 

13 resources leased and the rights conveyed by the 

14 United States.’’. 

15 (b) COMPETITIVE BIDDING.—Section 17(b)(1)(A) of 

16 the Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is 

17 amended to read as follows: 

18 ‘‘(A) COMPETITIVE BIDDING.— 

19 ‘‘(i) IN GENERAL.—All lands to be 

20 leased under this section shall be leased as 

21 provided in this paragraph to the highest 

22 responsible qualified bidder by competitive 

23 bidding by sealed bid. 

24 ‘‘(ii) GEOGRAPHIC LIMITATION.—The 

25 Secretary shall lease lands under this para26 graph in units of not more than 2,560 


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1 acres, except in Alaska, where units shall 

2 be not more than 5,760 acres. Such units 

3 shall be as nearly compact as possible. 

4 ‘‘(iii) FREQUENCY.—Lease sales 

5 under this section shall be held for each 

6 State in which there are lands eligible for 

7 leasing no more than 3 times each year 

8 and on a rotating basis such that the lands 

9 under the responsibility of any Bureau of 

10 Land Management field office are available 

11 for leasing no more than one time each 

12 year. 

13 ‘‘(iv) ROYALTY.—A lease under this 

14 section shall be conditioned upon the pay15 ment of a royalty at a rate of not less than 

16 18.75 percent in amount or value of the 

17 production removed or sold from the lease, 

18 except as otherwise provided in this Act. 

19 ‘‘(v) ISSUANCE OF LEASE.—The Sec20 retary may issue a lease under this section 

21 to the responsible qualified bidder with the 

22 highest bid that is equal to or greater than 

23 the national minimum acceptable bid. The 

24 Secretary shall decide whether to accept a 

25 bid and issue a lease within 90 days folVerDate Sep 11 2014 03:34 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1503.IH H1503

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1 lowing payment by the successful bidder of 

2 the remainder of the bonus bid, if any, and 

3 annual rental for the first lease year. 

4 ‘‘(vi) REJECTION OF BID.—The Sec5 retary may reject a bid above the national 

6 minimum acceptable bid if, after evaluation 

7 of the value of the lands proposed for 

8 lease, the Secretary determines that the 

9 bid amount does not ensure that fair mar10 ket value is obtained for the lease.’’. 

11 (c) NATIONAL MINIMUM ACCEPTABLE BID.—Sub12 paragraph (B) of section 17(b)(1) of the Mineral Leasing 

13 Act (30 U.S.C. 226(b)(1)), is amended to read as follows: 

14 ‘‘(B) NATIONAL MINIMUM ACCEPTABLE

15 BID.— 

16 ‘‘(i) IN GENERAL.—Except as pro17 vided in clause (ii), for purposes of sub18 paragraph (A), the national minimum ac19 ceptable bid shall be $5 per acre. All bids 

20 under this section for less than the na21 tional minimum acceptable bid shall be re22 jected. 

23 ‘‘(ii) RAISING THE NATIONAL MIN24 IMUM ACCEPTABLE BID.—The Secretary 


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1 may establish a higher national minimum 

2 acceptable bid— 

3 ‘‘(I) beginning at the end of the 

4 4-year period that begins on the date 

5 of enactment of the Restoring Com6 munity Input and Public Protection in 

7 Oil and Gas Leasing Act of 2021, and 

8 once every 4 years thereafter, to re9 flect the change in the Consumer 

10 Price Index for All Urban Consumers 

11 published by the Bureau of Labor 

12 Statistics; and 

13 ‘‘(II) at any time, if the Sec14 retary finds that such a higher 

15 amount is necessary to enhance finan16 cial returns to the United States or to 

17 promote more efficient management 

18 of oil and gas resources on Federal 

19 lands. 

20 ‘‘(iii) NOT A MAJOR FEDERAL AC21 TION.—The proposal or issuance of any 

22 regulation to establish a higher national 

23 minimum acceptable bid under clause (ii) 

24 shall not be considered a major Federal ac25 tion that is subject to the requirements of 


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1 section 102(2)(C) of the National Environ2 mental Policy Act of 1969 (42 U.S.C. 

3 4332(2)(C)).’’. 

4 (d) RENTALS.—Section 17(d) of the Mineral Leasing 

5 Act (30 U.S.C. 226(d)) is amended to read as follows: 

6 ‘‘(d) ANNUAL RENTALS.—All leases issued under this 

7 section shall be conditioned upon the payment by the les8 see of a rental of— 

9 ‘‘(1) not less than $3.00 per acre per year dur10 ing the 2-year period beginning on the date the lease 

11 begins for new leases, and after the end of such two 

12 year period not less than $5 per acre per year; or 

13 ‘‘(2) such higher rental rate as the Secretary 

14 may establish if the Secretary finds that such action 

15 is necessary to enhance financial returns to the 

16 United States and promote more efficient manage17 ment of oil and gas and alternative energy resources 

18 on Federal lands.’’. 

19 (e) ELIMINATION OF NONCOMPETITIVE LEASING.— 

20 The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 

21 amended— 

22 (1) in section 17(b) (30 U.S.C. 226(b)), by 

23 striking paragraph (3); 

24 (2) by amending section 17(c) (30 U.S.C. 

25 226(c)) to read as follows: 


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1 ‘‘(c) Lands made available for leasing under sub2 section (b)(1) but for which no bid is accepted may be 

3 made available by the Secretary for a new round of sealed 

4 bidding under such subsection.’’; 

5 (3) in section 17(e) (30 U.S.C. 226(e))— 

6 (A) by striking ‘‘Competitive and non7 competitive leases’’ and inserting ‘‘Leases, in8 cluding leases for tar sand areas,’’; and 

9 (B) by striking ‘‘Provided, however’’ and 

10 all that follows through ‘‘ten years.’’; 

11 (4) in section 31(d)(1) (30 U.S.C. 188(d)(1)) 

12 by striking ‘‘or section 17(c)’’; 

13 (5) in section 31(e) (30 U.S.C. 188(e))— 

14 (A) in paragraph (2) by striking ‘‘, or the 

15 inclusion’’ and all that follows and inserting a 

16 semicolon; and 

17 (B) in paragraph (3) by striking ‘‘(A)’’ 

18 and by striking subparagraph (B); 

19 (6) by striking section 31(f) (30 U.S.C. 188(f)); 

20 and 

21 (7) in section 31(g) (30 U.S.C. 188(g))— 

22 (A) in paragraph (1) by striking ‘‘as a 

23 competitive’’ and all that follows through the 

24 period and inserting ‘‘in the same manner as 


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1 the original lease issued pursuant to section 

2 17.’’; 

3 (B) by striking paragraph (2) and redesig4 nating paragraphs (3) and (4) as paragraphs 

5 (2) and (3), respectively; and 

6 (C) in paragraph (2), as redesignated, by 

7 striking ‘‘, applicable to leases issued under 

8 subsection 17(c) of this Act (30 U.S.C. 226(c)) 

9 except,’’ and inserting ‘‘, except’’. 

10 (f) LEASE TERM.—Section 17(e) of the Mineral 

11 Leasing Act (30 U.S.C. 226(e)) is amended by striking 

12 ‘‘10 years:’’ and inserting ‘‘5 years.’’. 

13 (g) OTHER LEASING REQUIREMENTS.—Section 

14 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)), as 

15 amended by section 8 of this Act, is further amended— 

16 (1) by striking ‘‘The Secretary’’ at the begin17 ning and inserting ‘‘(1) IN GENERAL.—The Sec18 retary’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(2) LIMITATION.—The Secretary shall not 

21 issue a lease or approve the assignment of any lease 

22 to any person, or to any subsidiary or affiliate of 

23 such person or any other person controlled by or 

24 under common control with such person, unless such 


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1 person has the demonstrated capability to explore 

2 and produce oil and gas under the lease. 

3 ‘‘(3) PROTECTION OF LEASED LANDS FOR

4 OTHER USES.—Each lease under this section shall 

5 include such terms as are necessary to preserve the 

6 United States flexibility to control or prohibit activi7 ties that pose serious and unacceptable impacts to 

8 the value of the leased lands for uses other than pro9 duction of oil and gas.’’. 

10 SEC. 3. TRANSPARENCY AND LANDOWNER PROTECTIONS. 

11 (a) DISCLOSURE OF IDENTITIES FILING DISCLO12 SURES OF INTEREST AND BIDS.—Section 17(b) of the 

13 Mineral Leasing Act (30 U.S.C. 226(b)), as amended by 

14 this Act, is further amended by adding at the end the fol15 lowing: 

16 ‘‘(3) BIDDER IDENTITY.—The Secretary— 

17 ‘‘(A) shall require that each expression of 

18 interest to bid for a lease under this section and 

19 each bid for a lease under this section shall in20 clude the name of the person for whom such ex21 pression of interest or bid is submitted; and 

22 ‘‘(B) shall promptly publish each such 

23 name.’’. 

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

25 Mineral Leasing Act (30 U.S.C. 226(f)) is amended by 


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1 striking ‘‘At least’’ and all that follows through ‘‘agen2 cies.’’ and inserting the following: 

3 ‘‘(1) REQUIRED NOTICE.—At least 45 days be4 fore offering lands for lease under this section, and 

5 at least 30 days before approving applications for 

6 permits to drill under the provisions of a lease, 

7 modifying the terms of any lease issued under this 

8 section, or granting a waiver, exception, or modifica9 tion of any stipulation of a lease issued under this 

10 section, the Secretary shall provide notice of the pro11 posed action to— 

12 ‘‘(A) the general public by posting such no13 tice in the appropriate local office and on the 

14 electronic website of the leasing and land man15 agement agencies offering the lands for lease; 

16 ‘‘(B) all surface land owners in the area of 

17 the lands being offered for lease; and 

18 ‘‘(C) the holders of special recreation per19 mits for commercial use, competitive events, 

20 and other organized activities on the lands 

21 being offered for lease. 

22 ‘‘(2) REQUIRED INFORMATION.—’’. 

23 (c) SURFACE OWNER PROTECTION.—Section 17 of 

24 the Mineral Leasing Act (30 U.S.C. 226), is amended by 

25 adding at the end the following: 


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1 ‘‘(r) POST-LEASE SURFACE USE AGREEMENT.— 

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), the Secretary may not authorize any op4 erator to conduct exploration and drilling operations 

5 on lands with respect to which title to oil and gas 

6 resources is held by the United States but title to 

7 the surface estate is not held by the United States, 

8 until the operator has filed with the Secretary a doc9 ument, signed by the operator and the surface owner 

10 or owners, showing that the operator has secured a 

11 written surface use agreement between the operator 

12 and the surface owner or owners that meets the re13 quirements of subparagraph (B). 

14 ‘‘(2) CONTENTS.—The surface use agreement 

15 shall provide for— 

16 ‘‘(A) the use of only such portion of the 

17 surface estate as is reasonably necessary for ex18 ploration and drilling operations based on site19 specific conditions; 

20 ‘‘(B) the accommodation of the surface es21 tate owner to the maximum extent practicable, 

22 including the location, use, timing, and type of 

23 exploration and drilling operations, consistent 

24 with the operator’s right to develop the oil and 

25 gas estate; 


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1 ‘‘(C) the reclamation of the site to a condi2 tion capable of supporting the uses which such 

3 lands were capable of supporting prior to explo4 ration and drilling operations; and 

5 ‘‘(D) compensation for damages as a result 

6 of exploration and drilling operations, includ7 ing— 

8 ‘‘(i) loss of income and increased costs 

9 incurred; 

10 ‘‘(ii) damage to or destruction of per11 sonal property, including crops, forage, and 

12 livestock; and 

13 ‘‘(iii) failure to reclaim the site in ac14 cordance with clause (iii). 

15 ‘‘(3) PROCEDURE.— 

16 ‘‘(A) NOTICE OF INTENT TO CONCLUDE

17 AGREEMENT.—An operator shall notify the sur18 face estate owner or owners of the operator’s 

19 desire to conclude an agreement under this sec20 tion. If the surface estate owner and the oper21 ator do not reach an agreement within 90 days 

22 after the operator has provided such notice, the 

23 operator may submit the matter to third-party 

24 arbitration for resolution within a period of 90 


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1 days. The cost of such arbitration shall be the 

2 responsibility of the operator. 

3 ‘‘(B) LIST OF ARBITRATORS.—The Sec4 retary shall identify persons with experience in 

5 conducting arbitrations and shall make this in6 formation available to operators. 

7 ‘‘(C) REFERRAL.—Referral of a matter for 

8 arbitration by an operator to an arbitrator iden9 tified by the Secretary pursuant to clause (ii) 

10 shall be sufficient to constitute compliance with 

11 clause (i). 

12 ‘‘(4) ATTORNEYS’ FEES.—If action is taken to 

13 enforce or interpret any of the terms and conditions 

14 contained in a surface use agreement, the prevailing 

15 party shall be reimbursed by the other party for rea16 sonable attorneys’ fees and actual costs incurred, in 

17 addition to any other relief which a court or arbitra18 tion panel may grant. 

19 ‘‘(5) AUTHORIZED EXPLORATION AND DRILL20 ING OPERATIONS.— 

21 ‘‘(A) AUTHORIZATION WITHOUT SURFACE

22 USE AGREEMENT.—The Secretary may author23 ize an operator to conduct exploration and drill24 ing operations on lands covered by paragraph 


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1 (1) in the absence of an agreement with the 

2 surface estate owner or owners, if— 

3 ‘‘(i) the Secretary makes a determina4 tion in writing that the operator made a 

5 good faith attempt to conclude such an 

6 agreement, including referral of the matter 

7 to arbitration pursuant to paragraph 

8 (1)(C), but that no agreement was con9 cluded within 90 days after the referral to 

10 arbitration; 

11 ‘‘(ii) the operator submits a plan of 

12 operations that provides for the matters 

13 specified in paragraph (1)(B) and for com14 pliance with all other applicable require15 ments of Federal and State law; and 

16 ‘‘(iii) the operator posts a bond or 

17 other financial assurance in an amount the 

18 Secretary determines to be adequate to en19 sure compensation to the surface estate 

20 owner for any damages to the site, in the 

21 form of a surety bond, trust fund, letter of 

22 credit, government security, certificate of 

23 deposit, cash, or equivalent. 


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1 ‘‘(B) SURFACE OWNER PARTICIPATION.— 

2 The Secretary shall provide surface estate own3 ers with an opportunity to— 

4 ‘‘(i) comment on plans of operations 

5 in advance of a determination of compli6 ance with this Act; 

7 ‘‘(ii) participate in bond level deter8 minations and bond release proceedings 

9 under this section; 

10 ‘‘(iii) attend an on-site inspection dur11 ing such determinations and proceedings; 

12 ‘‘(iv) file written objections to a pro13 posed bond release; and 

14 ‘‘(v) request and participate in an on15 site inspection when they have reason to 

16 believe there is a violation of the terms and 

17 conditions of a plan of operations. 

18 ‘‘(C) PAYMENT OF FINANCIAL GUAR19 ANTEE.—A surface estate owner with respect to 

20 any land subject to a lease may petition the 

21 Secretary for payment of all or any portion of 

22 a bond or other financial assurance required 

23 under this section as compensation for any 

24 damages as a result of exploration and drilling 

25 operations. Pursuant to such a petition, the 


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1 Secretary may use such bond or other guar2 antee to provide compensation to the surface es3 tate owner for such damages. 

4 ‘‘(D) BOND RELEASE.—Upon request and 

5 after inspection and opportunity for surface es6 tate owner review, the Secretary may release 

7 the financial assurance required under this sec8 tion if the Secretary determines that explo9 ration and drilling operations are ended and all 

10 damages have been fully compensated. 

11 ‘‘(6) SURFACE OWNER NOTIFICATION.—The 

12 Secretary shall notify surface estate owners in writ13 ing— 

14 ‘‘(A) not less than 45 days before lease 

15 sales; 

16 ‘‘(B) of the identity of the lessee, not more 

17 than 10 business days after a lease is issued; 

18 ‘‘(C) concerning any subsequent request or 

19 decision regarding a lease not more than 5 

20 business days after such request or decision, in21 cluding regarding modification of a lease, waiv22 er of a stipulation, or approval of a right of 

23 way; and 

24 ‘‘(D) not more than 5 business days after 

25 issuance of a drilling permit under a lease.’’. 


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1 SEC. 4. LEASE STIPULATIONS. 

2 (a) ENERGY POLICY ACT OF 2005.—Section 

3 363(b)(3)(C) of the Energy Policy Act of 2005 (42 U.S.C. 

4 15922(b)(3)(C)) is amended to read as follows: 

5 ‘‘(C) adequately protective of the resource 

6 for which the stipulations are applied;’’. 

7 (b) REVISION OF EXISTING MEMORANDUM.—Not 

8 later than 180 days after the date of the enactment of 

9 this Act the Secretary of the Interior and the Secretary 

10 of Agriculture shall revise the memorandum of under11 standing under section 363(b)(3)(C) of the Energy Policy 

12 Act of 2005 (42 U.S.C. 15922) in accordance with the 

13 amendment made by subsection (a). 

14 SEC. 5. MASTER LEASING PLANS. 

15 Section 17(a) of the Mineral Leasing Act (30 U.S.C. 

16 226(a)), as amended by section 2, is further amended by 

17 adding at the end the following: 

18 ‘‘(3) MASTER LEASING PLANS.— 

19 ‘‘(A) IN GENERAL.—The Secretary may 

20 adopt and implement a master leasing plan to 

21 govern the issuance of oil and gas leases under 

22 this Act for any Federal lands, in accordance 

23 with Bureau of Land Management Instruction 

24 Memorandum No. 2010–117, dated May 17, 

25 2010, as in effect on April 24, 2017. 


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1 ‘‘(B) FACTORS AND CONSIDERATIONS.—In 

2 deciding whether to adopt and implement a 

3 master leasing plan, the Secretary— 

4 ‘‘(i) shall consider the criteria set 

5 forth in Bureau of Land Management In6 struction Memorandum No. 2010–117, 

7 dated May 17, 2010, as in effect on April 

8 24, 2017; and 

9 ‘‘(ii) shall consider the benefits of 

10 avoiding conflicts between mineral leasing 

11 and other land uses, including conserva12 tion, recreation, and protection of cultural 

13 and historic resources. 

14 ‘‘(C) STATE REQUEST.—The Secretary 

15 shall adopt and implement a master leasing 

16 plan under subparagraph (A) applicable to 

17 leases for Federal lands in a State or county of 

18 a State, if requested by the government of such 

19 State or county, respectively. 

20 ‘‘(D) REQUEST BY AN INDIVIDUAL.— 

21 ‘‘(i) IN GENERAL.—Any individual 

22 who is a resident of a State or county of 

23 a State may submit a petition to the Sec24 retary requesting that the Secretary adopt 

25 and implement a master leasing plan under 


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1 subparagraph (A) applicable to the 

2 issuance of leases for Federal lands in such 

3 State or county, respectively. 

4 ‘‘(ii) CONSIDERATION.—The Secretary 

5 shall, not later than 60 days after receiving 

6 such a petition, issue a determination of 

7 whether or not the adoption and implemen8 tation of such a master leasing plan is ap9 propriate.’’. 

10 SEC. 6. PARCEL REVIEW. 

11 Section 17(a) of the Mineral Leasing Act (30 U.S.C. 

12 226(a)), as amended by sections 2 and 5 of this Act, is 

13 further amended by adding at the end the following: 

14 ‘‘(4) PARCEL REVIEW.—The Secretary shall 

15 issue oil and gas leases under this Act only in ac16 cordance with subsections C through I of section III 

17 of Bureau of Land Management Instruction Memo18 randum No. 2010–117, dated May 17, 2010, as in 

19 effect on April 24, 2017.’’. 

20 SEC. 7. ACREAGE LIMITATIONS. 

21 Section 27(d)(1) of the Mineral Leasing Act (30 

22 U.S.C. 184(d)(1)) is amended by striking ‘‘, and acreage 

23 under any lease any portion of which has been committed 

24 to a federally approved unit or cooperative plan or 

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1 ing compensatory royalty or royalty in-kind) was paid in 

2 the preceding calendar year,’’. 

3 SEC. 8. LAND MANAGEMENT. 

4 Section 17(g) of the Mineral Leasing Act (30 U.S.C. 

5 226(g)), as amended by section 2(g) of this Act, is further 

6 amended by adding at the end the following: 

7 ‘‘(4) MULTIPLE-USE MANAGEMENT.—The Sec8 retary, and for National Forest lands, the Secretary 

9 of Agriculture, shall manage lands that are subject 

10 to an oil and gas lease under this Act in accordance 

11 with the principles, policies, and requirements relat12 ing to multiple use under the Federal Land Policy 

13 and Management Act of 1976 (43 U.S.C. 1701 et 

14 seq.), until the beginning of operations on such 

15 lease.’’. 

16 SEC. 9. OIL SHALE. 

17 Section 21(a) of the Mineral Leasing Act (30 U.S.C. 

18 241(a)) is amended— 

19 (1) in paragraph (1), by striking ‘‘The Sec20 retary of the Interior’’ and inserting ‘‘Subject to 

21 paragraph (6), the Secretary of the Interior’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(6) Beginning on the date of enactment of the 

24 Restoring Community Input and Public Protections 

25 in Oil and Gas Leasing Act of 2021, The Secretary 


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1 may not issue any lease for oil shale under this Act 

2 before the date the Secretary issues a finding that 

3 the technical and economic feasibility of development 

4 of and production from such deposit has been dem5 onstrated under section 369 of the Energy Policy 

6 Act of 2005 (42 U.S.C. 15927).’’. 

7 SEC. 10. TRANSPARENCY IN MANAGEMENT OF LEASES. 

8 Section 17(a) of the Mineral Leasing Act (30 U.S.C. 

9 226(a)), as amended by sections 2, 5, and 6 of this Act, 

10 is further amended by adding at the end the following: 

11 ‘‘(5) TRANSPARENCY IN MANAGEMENT OF

12 LEASES.—For each lease under this section, the Sec13 retary shall make available on a public website— 

14 ‘‘(A) the identity of— 

15 ‘‘(i) each person who is or has been a 

16 lessee under the lease; and 

17 ‘‘(ii) each person who is or has been 

18 an operator under the lease; 

19 ‘‘(B) notice of each transfer of the lease; 

20 and 

21 ‘‘(C) notice of each suspension of oper22 ations, each suspension of production, and each 

23 suspension of operations and production.’’. 


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1 SEC. 11. LEASE CANCELLATION FOR IMPROPER ISSUANCE. 

2 Section 31(b) of the Mineral Leasing Act (30 U.S.C. 

3 188(b)) is amended by inserting ‘‘if the lease was improp4 erly issued or’’ after ‘‘30 days notice’’. 

5 SEC. 12. FEES FOR EXPRESSIONS OF INTEREST. 

6 (a) IN GENERAL.—The Secretary shall charge any 

7 person who submits an expression of interest, as that term 

8 is defined by the Secretary, a fee, in an amount deter9 mined by the Secretary under paragraph (2). 

10 (b) AMOUNT.—The fee authorized under paragraph 

11 (1) shall be established by the Secretary in an amount that 

12 is determined by the Secretary to be appropriate to cover 

13 the aggregate cost of processing an expression of interest 

14 under this section, but not less than $15 per acre of the 

15 area covered by the applicable expression of interest. 

16 (c) ADJUSTMENT OF FEES.—The Secretary shall, by 

17 regulation at least every 4 years, establish a higher expres18 sion of interest fee— 

19 (1) to reflect the change in the Consumer Price 

20 Index for All Urban Consumers published by the 

21 Bureau of Labor Statistics; and 

22 (2) as the Secretary determines to be necessary 

23 to enhance financial returns to the United States or 

24 to promote more efficient management of oil and gas 

25 resources on Federal land. 


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1 SEC. 13. PROTECTION OF WATER RESOURCES. 

2 (a) MINERAL LEASING ACT REQUIREMENTS.—Sec3 tion 17 of the Mineral Leasing Act (30 U.S.C. 226) is 

4 amended— 

5 (1) in subsection (g) by striking ‘‘lands or sur6 face waters adversely’’ and inserting ‘‘surface or 

7 ground waters or lands adversely’’; 

8 (2) by redesignating subsection (p) as sub9 section (q); and 

10 (3) by inserting after subsection (o) the fol11 lowing: 

12 ‘‘(p) WATER REQUIREMENTS.— 

13 ‘‘(1) An operator producing oil or gas (includ14 ing coalbed methane) under a lease issued under this 

15 Act shall— 

16 ‘‘(A) replace the water supply of a water 

17 user who obtains all or part of such user’s sup18 ply of water from an underground or surface 

19 source that has been affected by contamination, 

20 diminution, or interruption proximately result21 ing from drilling, fracking, or production oper22 ations for such production; 

23 ‘‘(B) ensure that if a surface or ground 

24 water source is affected by contamination, dimi25 nution, or interruption proximately resulting 

26 from such production, best management pracVerDate Sep 11 2014 03:34 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1503.IH H1503

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•HR 1503 IH

1 tices and appropriately available technologies 

2 are used to prevent, to the maximum extent 

3 possible, the long-term or permanent degrada4 tion of the surface or ground water source; and 

5 ‘‘(C) comply with all applicable require6 ments of Federal and State law with respect 

7 to— 

8 ‘‘(i) discharge of any water produced 

9 under the lease; and 

10 ‘‘(ii) activities that would divert or 

11 otherwise alter a surface or ground water 

12 source or lead to a discharge not covered 

13 by clause (i). 

14 ‘‘(2) An application for a permit to drill under 

15 a lease under this Act shall be accompanied by a 

16 proposed water management plan including provi17 sions to— 

18 ‘‘(A) protect the quantity and quality of 

19 surface and ground water systems, both on-site 

20 and off-site, from adverse effects of the explo21 ration, development, and reclamation processes 

22 or to provide alternative sources of water if 

23 such protection cannot be assured; 

24 ‘‘(B) protect the rights of present users of 

25 water that would be affected by operations 


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•HR 1503 IH

1 under the lease, including the discharge of any 

2 water produced in connection with such oper3 ations that is not reinjected; and 

4 ‘‘(C) identify any agreements with other 

5 parties for the beneficial use of produced waters 

6 and the steps that will be taken to comply with 

7 State and Federal laws related to such use. 

8 ‘‘(3) The Secretary may not approve an applica9 tion if the Secretary determines that the applicant 

10 did not submit a water management plan that meets 

11 the requirements described in paragraph (2).’’. 

12 (b) RELATION TO STATE LAW.—Nothing in this sec13 tion or any amendment made by this section shall be con14 strued as— 

15 (1) impairing or in any manner affecting any 

16 right or jurisdiction of any State with respect to the 

17 waters of such State; or 

18 (2) limiting, altering, modifying, or amending 

19 any of the interstate compacts or equitable appor20 tionment decrees that apportion water among and 

21 between States. 

22 SEC. 14. FRACKING REGULATION ON FEDERAL LANDS. 

23 (a) IN GENERAL.—Not later than 1 year after the 

24 date of enactment of this Act, the Secretary of the Inte25 rior, acting through the Bureau of Land Management, 


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1 shall issue regulations governing the use of hydraulic frac2 turing under oil and gas leases for Federal lands. 

3 (b) INCLUDED PROVISIONS.—The regulations under 

4 this section shall require— 

5 (1) baseline water testing, the results of which 

6 shall be posted on an appropriate internet website; 

7 and 

8 (2) public disclosure of each chemical used for 

9 hydraulic fracturing on an appropriate internet 

10 website. 

11 (c) INTERIM APPLICATION OF PRIOR RULE.—The 

12 final rule entitled ‘‘Oil and Gas; Hydraulic Fracturing on 

13 Federal and Indian Lands’’, as published in the Federal 

14 Register March 26, 2015 (80 Fed. Reg. 16128), and cor15 rected by the rule published on March 30, 2015 (80 Fed. 

16 Reg. 16577), shall apply until the effective date of a final 

17 rule under subsection (a). 

Æ 


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