Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Notices 46873 

the access point of the Laughlin race 

area and surrounding areas. 

FOR FURTHER INFORMATION CONTACT: 

Jenna Giddens, Outdoor Recreation 

Planner, 702–515–5156, or jgiddens@

blm.gov. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Relay 

Service (FRS) at 1–800–877–8339 to 

contact the above individual during 

normal business hours. The FRS is 

available 24 hours a day, 7 days a week, 

to leave a message or question with the 

above individual. You will receive a 

reply during normal business hours. 

SUPPLEMENTARY INFORMATION: The Las 

Vegas Field Office announces the 

temporary closures of certain public 

lands under its administration. This 

action is being taken to help ensure 

public safety during the official 

permitted running of the 2021 UTV 

Legends Championship, 2021 Laughlin 

Desert Classic, and 2021 SNORE 

Laughlin Off-Highway Vehicle Races. 

The public lands affected by this closure 

are described as follows: 

Mount Diablo Meridian, Nevada 

T. 32 S., R. 66 E., 

Sec. 8, lots 2 thru 33; 

Sec. 9; 

Sec. 10, S1⁄2NE1⁄4, S1⁄2NW1⁄4, and S1⁄2; 

Sec. 11, S1⁄2NE1⁄4, S1⁄2NW1⁄4, and S1⁄2; 

Sec. 14; 

Sec. 15, E1⁄2; 

Sec. 16, N1⁄2, SW1⁄4, and N1⁄2SE1⁄4; 

Sec. 17, lots 1 thru 8, lots 21 thru 25, and 

lots 30 thru 44. 

The area described contains 4521.97 acres, 

according to the official plats of the surveys 

of the said lands on file with the BLM. 

The temporary closures will be posted 

to roads leading into the public lands to 

notify the public of the closures for 

these events. The closures area includes 

State Route 163 to the north, T. 32 S., 

R. 66 E sections 8 and 17 to the west; 

private and State land in T. 32 S., R. 6 

6E sections 20, 21, 22, and 23; and is 

bracketed by Bruce Woodbury Drive to 

the south and southwest and Thomas 

Edison Drive to the east. Under the 

authority of Section 303(a) of the 

Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 733(a)), 43 CFR 

8360.0–7 and 43 CFR 8364.1), the BLM 

will enforce the following rules in the 

area described above: 

The entire area as listed in the legal 

description above is closed to all 

vehicles and personnel except law 

enforcement, emergency vehicles, event 

personnel, event participants and 

spectators. Access routes leading to the 

closed area are closed to vehicles. No 

vehicle stopping or parking in the 

closed area except for designated 

parking areas will be permitted. Event 

participants and spectators are required 

to remain within designated areas only. 

The following restrictions will be in 

effect for the duration of the closure to 

ensure public safety of participants and 

spectators. Unless otherwise authorized, 

the following activities within the 

closure area are prohibited: 

• Camping; 

• Possession and/or consuming any 

alcoholic beverage unless the person has 

reached the age of 21 years; 

• Discharging or use of firearms, other 

weapons; 

• Possession and/or discharging of 

fireworks; 

• Allowing any pet or other animal in 

one’s care to be unrestrained at any 

time. Animals must be on a leash or 

other restraint no longer than 3 feet; 

• Operation of any vehicle which is 

not legally registered for street and 

highway operation (e.g., All Terrain 

Vehicles (ATV), motorcycles, Utility 

Terrain Vehicles (UTV), golf carts, and 

any off-highway vehicle (OHV), 

including operation of such a vehicle in 

spectator viewing areas); 

• Parking any vehicle in violation of 

posted restrictions, or in such a manner 

as to obstruct or impede normal or 

emergency traffic movement or the 

parking of other vehicles, create a safety 

hazard, or endanger any person, 

property, or feature. Vehicles so parked 

are subject to citation, removal, and 

impoundment at the owner’s expense; 

• Operating a vehicle through, around 

or beyond a restrictive sign, 

recognizable barricade, fence, or traffic 

control barrier or device; 

• Failing to maintain control of a 

vehicle to avoid danger to persons, 

property, or wildlife; and 

• Operating a motor vehicle without 

due care or at a speed greater than 25 

mph. 

Signs and maps directing the public 

to designated spectator areas will be 

provided by the event sponsor. 

Exceptions: Temporary closure 

restrictions do not apply to activities 

conducted under contract with the 

BLM, agency personnel monitoring the 

event, or activities conducted under an 

approved plan of operation. Authorized 

users must have in their possession a 

written permit or contract from the 

BLM, signed by the authorized officer. 

Enforcement: Any person who 

violates this temporary closure may be 

tried before a United States Magistrate 

and fined in accordance with 18 U.S.C. 

3571, imprisoned no more than 12 

months under 43 U.S.C. 1733(a) and 43 

CFR 8360.0–7, or both. In accordance 

with 43 CFR 8365.1–7, State or local 

officials may also impose penalties for 

violations of Nevada law. 

(Authority: 43 CFR 8360.0–7 and 8364.1) 

Shonna Dooman, 

Field Manager—Las Vegas Field Office. 

[FR Doc. 2021–17897 Filed 8–19–21; 8:45 am] 

BILLING CODE 4310–HC–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[21X.LLHQ320000.L13200000.PP0000] 

Notice of Intent To Conduct a Review 

of the Federal Coal Leasing Program 

and To Seek Public Comment 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of intent. 

SUMMARY: The Bureau of Land 

Management (BLM), Headquarters 

Office seeks public comment on the 

Federal coal program in advance of the 

BLM’s intended review of that program. 

The Department of the Interior (DOI) 

also intends to conduct government-togovernment consultation with affected 

Indian tribes about the Federal coal 

leasing program and to consider the 

potential environmental, social, and 

cultural impacts of the coal program on 

indigenous communities and their lands 

during this review. 

This notice solicits public comments 

for consideration in establishing the 

scope and content of the BLM’s review 

of the Federal coal leasing program. 

DATES: The BLM invites interested 

agencies, States, American Indian tribes, 

local governments, industry, 

organizations, and members of the 

public to submit comments or 

suggestions to assist in identifying 

significant issues that the BLM should 

consider in its review of the Federal 

coal program. 

The BLM will consider all written 

comments received or postmarked 

during the public comment period 

which will close on September 20, 2021. 

ADDRESSES: You may submit written 

comments by the following methods: 

• Email: BLM_HQ_320_

CoalProgramReview@blm.gov. This is 

the preferred method of commenting. 

• Mail, personal, or messenger 

delivery: National Coal Program Review, 

In care of: Thomas Huebner, BLM 

Wyoming State Office, 5353 

Yellowstone Rd., Cheyenne, WY 82009. 

FOR FURTHER INFORMATION CONTACT: 

Lindsey Curnutt, Chief, Division of 

Solid Minerals, email: lcurnutt@

blm.gov, telephone: 480–708–7339. 

Persons who use a telecommunications 

device for the deaf (TDD) may call the 

Federal Relay Service at 1–800–877– 


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46874 Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Notices 

1U.S. EIA, Coal Data (August 4, 2021) (https://

www.eia.gov/coal/data/browser/). 

2U.S. EIA, Coal Data (July 20, 2021) (https://

www.eia.gov/energyexplained/coal/imports-andexports.php). 

3Payments to the States are ‘‘reduced by 2 

percent for any administrative or other costs 

incurred by the United States,’’ and ‘‘the amount of 

such reduction shall be deposited to miscellaneous 

receipts of the Treasury.’’ 30 U.S.C. 191(b). 

8339 to contact Ms. Curnutt. This 

service is available 24 hours a day, 7 

days a week, to leave a message or 

question. You will receive a reply 

during normal business hours. 

SUPPLEMENTARY INFORMATION: On 

January 15, 2016, Secretary of the 

Interior S.M.R. Jewell issued Order No. 

3338 (Jewell Order), directing the BLM 

to conduct a broad, programmatic 

review of its Federal coal program 

through preparation of a Programmatic 

Environmental Impact Statement (PEIS) 

under the National Environmental 

Policy Act (NEPA). 42 U.S.C. 4321 et 

seq. The Jewell Order was issued in 

response to a range of concerns 

regarding the Federal coal program, 

including, in particular, concerns as to 

whether American taxpayers are 

receiving a fair return from the 

development of these publicly owned 

resources; concerns about fluctuating 

market conditions and attendant 

consequences for coal-dependent 

communities; and concerns about 

whether the leasing and production of 

large quantities of coal under the 

Federal coal program is consistent with 

the Nation’s goals to reduce greenhouse 

gas emissions to mitigate climate 

change. The Jewell Order directed a 

pause on the issuance of new Federal 

leases for thermal (steam) coal, subject 

to certain enumerated exclusions, until 

completion of the PEIS. 

On March 29, 2017, former Secretary 

Zinke issued Secretary’s Order No. 3348 

(Zinke Order) entitled, ‘‘Concerning the 

Federal Coal Moratorium.’’ The Zinke 

Order rescinded the Jewell Order, lifted 

the coal leasing pause, and halted 

preparation of the PEIS. On April 16, 

2021, Secretary Haaland issued 

Secretary’s Order 3398, which rescinded 

the Zinke Order (Haaland Order). While 

the Haaland Order did not reinstitute 

the Jewell Order, it directed the 

Department to ‘‘review and revise as 

necessary all policies and instructions 

that implemented’’ the revoked 

Secretary’s Orders. This Federal 

Register Notice is intended to further 

the goals of the Haaland Order by 

beginning a new review of the Federal 

coal leasing program. The BLM has not 

approved a new coal lease sale since the 

Biden Administration took office. 

Background 

A. Overview of Federal Coal Program 

Under the Mineral Leasing Act of 

1920 (MLA), as amended, 30 U.S.C. 181 

et seq., and the Mineral Leasing Act for 

Acquired Lands of 1947 (MLAAL), as 

amended, 30 U.S.C. 351 et seq., the BLM 

is responsible for the leasing of Federal 

coal and regulation of the development 

of that coal on the approximately 700 

million acres of mineral estate that is 

owned by the Federal Government. This 

responsibility includes Federal mineral 

rights on Federal lands and Federal 

mineral rights located under surface 

lands with non-Federal ownership. 

Other Departmental bureaus, 

particularly the Office of Surface Mining 

Reclamation and Enforcement (OSMRE) 

and the Office of Natural Resources 

Revenue (ONRR), also take actions 

related to coal mining on Federal lands. 

The OSMRE, and States that have 

obtained regulatory primacy under the 

Surface Mining Control and 

Reclamation Act of 1977 (SMCRA), 

permit coal mining and reclamation 

activities, and monitor reclamation and 

reclamation bonding actions. The ONRR 

collects and audits all payments 

required under a Federal lease, 

including bonus bids, royalties, and 

rental payments, and distributes those 

funds, pursuant to statute, between the 

U.S. Treasury and the States where the 

coal resources are located, 30 U.S.C. 

191(a). 

1. Federal Coal Leasing and Production 

In recent years and on average, 

approximately 42 percent of the 

Nation’s annual coal production came 

from Federal lands. Federal coal 

produced from the Powder River Basin 

in Montana and Wyoming accounts for 

over 85 percent of all Federal coal 

production. 

As of Fiscal Year 2020, the BLM 

administered 287 coal leases, covering 

437,039 acres in 11 States, with an 

estimated 7 billion tons of recoverable 

Federal coal. Over the last decade 

(2011–2020), the BLM sold 17 coal 

leases and managed leases that 

produced approximately 3.7 billion tons 

of coal and resulted in $9.2 billion in 

revenue collections by the United 

States. 

The U.S. Energy Information 

Administration (EIA) estimates total 

U.S. coal production in 2020 was about 

534 million short tons (MMst), 24 

percent lower than in 2019.1 EIA 

estimates that U.S. total annual coal 

imports reached a record high of about 

36 million short tons in 2007. In 2020, 

the United States imported about 5 

MMst of coal, which was equal to about 

1 percent of U.S. coal consumption in 

2020.2

2. Federal Coal Program 

The current BLM coal leasing program 

includes land use planning, the 

processing of applications (e.g., 

applications for exploration licenses 

and lease sales), estimation of the value 

of proposed leases, lease sales, and postleasing actions (e.g., production 

verification, lease and production 

inspection and enforcement, royalty 

reductions, and bond review). 

The Federal Government receives 

revenue from coal leasing in three ways: 

(1) A bonus that is paid at the time the 

BLM issues a lease; (2) Rental fees; and 

(3) Production royalties. The royalty 

rates are set by regulation at a fixed 8 

percent for underground mines and not 

less than 12.5 percent for surface mines. 

For coal leases outside of Alaska, 

Treasury pays approximately 50 percent 

of receipts to the State where the leased 

lands are located, 30 U.S.C. 191(a). For 

leases and mineral deposits in Alaska, 

Treasury pays 90 percent of the receipts 

to the State, 30 U.S.C. 191(a).3 Federal 

coal development provides coal 

producing states like Wyoming, 

Montana, Utah, and Colorado with 

significant income and other economic 

benefits. 

The BLM’s planning process for 

Resource Management Plans, supported 

by environmental analysis under NEPA, 

identifies areas that are potentially 

available to be considered for coal 

leasing. The planning process considers, 

among other things, the impacts of a 

‘‘reasonably foreseeable development 

scenario,’’ but it does not directly 

authorize any coal leasing or determine 

which coal will be leased. 

The Federal Coal Leasing 

Amendments Act of 1976 (FCLAA), 

which amended Section 2 of the 

Mineral Leasing Act of 1920, requires 

that, with limited exceptions, Federal 

lands available for coal leasing be sold 

by competitive bid, with the BLM 

receiving fair market value for the lease. 

While multiple bids are not required, all 

successful bids must equal or exceed the 

estimated pre-sale fair market value for 

the lease, as calculated by the BLM. 

Competitive leasing is not required for: 

(1) Preference right lease applications 

for owners of pre-FCLAA prospecting 

permits; and (2) Modifications of 

existing leases, where Congress has 

authorized the Secretary to allow up to 

960 acres (increased from 160 acres by 

the Energy Policy Act of 2005) of 


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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Notices 46875 

4 43 CFR part 3420. 

5The BLM regulations require a Regional Coal 

Team to be established for each coal production 

region, comprised of representatives from the BLM 

and the Governors of each State in the region. The 

Regional Coal Teams are to guide the coal planning 

process for each coal production region, serve as the 

forum for BLM and State consultation, and make 

recommendations on coal leasing levels. 43 CFR 

3400.4. 

6While the Powder River Basin (PRB) coal 

production region was decertified in 1992, the PRB 

regional coal team is still in place and meets 

periodically to review regional activity and make 

recommendations on coal leasing in the region. 

7See 43 CFR subpart 3425. 

contiguous lands for noncompetitive 

leasing by modifying an existing lease. 

The BLM issued coal leasing 

regulations in 1979 that provided for 

two separate competitive coal leasing 

processes: (1) Regional leasing, where 

the BLM selects tracts within a region 

for competitive sale; and (2) Leasing by 

application, where an industry 

applicant nominates a particular tract of 

coal for competitive sale. 

Regional coal leasing requires the 

BLM to select potential coal leasing 

tracts based on land use planning, 

expected coal demand, and potential 

environmental and economic impacts.4

This process includes use of a Federal/ 

State advisory board known as a 

Regional Coal Team 5 to provide input 

on leasing decisions. The regional 

leasing system has not been used since 

1990, and currently all BLM coal leasing 

relies on applications.6 Leasing by 

application begins with an application 

to lease a tract of coal identified by the 

applicant.7 The BLM reviews the 

application for completeness to ensure 

that it conforms to existing land use 

plans and to ensure that it contains 

sufficient geologic data to determine the 

fair market value of the coal. The agency 

then prepares an analysis under NEPA 

(either an Environmental Assessment or 

an EIS) and seeks public comment on 

the proposed lease sale. Through this 

process, the BLM evaluates alternative 

tract configurations to maximize 

competitiveness and value, and to avoid 

bypassing Federal coal. The BLM also 

consults with other appropriate Federal 

and State agencies and Tribal 

governments, and the BLM determines 

whether the surface manager consents to 

leasing in situations where the surface 

is not administered by the BLM. 

Preparations for the actual lease sale 

begin with the BLM formulating, after 

obtaining public comment, a pre-sale 

estimate of the fair market value of the 

coal. This estimate is confidential and is 

used to evaluate the bids for the lease 

‘‘bonus’’ received during the sale. 

Sealed bids are accepted prior to the 

date of the sale and are publicly 

announced during the sale. The winning 

bid is the highest bid that meets or 

exceeds the coal tract’s presale 

estimated fair market value from an 

applicant that meets all eligibility 

requirements and has paid the 

appropriate fees and payments. 

There are two separate bonding 

requirements for Federal coal leases. 

The BLM requires a bond adequate to 

ensure compliance with the terms and 

conditions of the lease that must cover 

a portion of potential liabilities 

associated with the bonus bid, rental 

fees, and royalties. In addition, under 

SMCRA, the OSMRE or the State with 

regulatory primacy requires sufficient 

bonding to cover anticipated 

reclamation costs. 

A Federal coal lease has an initial 

term of 20 years, but it may be 

terminated after 10 years if the coal 

resources are not diligently developed, 

30 U.S.C. 207. Existing leases that have 

met their diligence requirements may be 

renewed for additional 10-year terms 

following the initial 20-year term. 

3. Previous Comprehensive Reviews 

The Department has previously 

conducted two separate, comprehensive 

reviews of the Federal coal program. In 

the late 1960s, there were serious 

concerns about speculation in the coal 

leasing program. A BLM study 

discovered a sharp increase in the total 

Federal acreage under lease and a 

consistent decline in coal production. In 

response, the Department undertook the 

development of a planning system to 

determine the size, timing, and location 

of future coal leases, and the 

preparation of a PEIS for the entire 

Federal coal leasing program. Beginning 

in February 1973, the Department 

instituted a complete moratorium on the 

issuance of new coal prospecting 

permits, and a moratorium with limited 

exceptions on the issuance of new 

Federal coal leases: New leases were 

issued only to maintain existing mines 

or to supply reserves for production, 

where ‘‘near future’’ meant that 

development and production were to 

commence within 3 and 5 years, 

respectively. The moratorium was 

scaled back over time, but was not 

completely lifted until 1981, after the 

PEIS had been completed, a new leasing 

system had been adopted through 

regulation, and litigation was resolved. 

In 1982, concerns about the Federal 

coal program arose again, this time 

related to allegations that the 

Government did not receive fair market 

value from a large lease sale in the 

Powder River Basin under the new 

procedures adopted as part of the 

programmatic review in the 1970s. 

Among other reports on the issue, the 

Government Accountability Office 

(GAO) issued a report in May 1983 

concluding that the Department had 

received roughly $100 million less than 

it should have for the sale. In response, 

in July 1983, Congress directed the 

Secretary to appoint members to a 

commission, known as the Linowes 

Commission, to investigate fair market 

value policies for Federal coal leasing. 

Congress also, in the 1984 

Appropriations Act, directed the Office 

of Technology Assessment (OTA) to 

study whether the Department’s coal 

leasing program was compatible with 

the nationally mandated environmental 

protection goals. 

As part of the 1984 Appropriations 

Bill, Congress imposed a moratorium on 

the sale or lease of coal on public lands, 

subject to certain exceptions, starting in 

1983 and ending 90 days after 

publication of the Linowes 

Commission’s report. The Linowes 

Commission published the Report of the 

Commission on Fair Market Value 

Policy for Federal Coal Leasing in 

February 1984. The OTA report, 

Environmental Protection in the Federal 

Coal Leasing Program, was released in 

May 1984. The principal message of 

these reports was that the Department 

should: (1) Temper its pace of coal 

leasing; (2) improve and better 

document its procedures for receiving 

fair market value; and (3) take care to 

balance competing resource uses in 

making lease decisions. 

Secretary of the Interior William P. 

Clark extended the suspension of coal 

leasing (with exceptions for emergency 

leasing and processing preference right 

lease applications, among others) while 

the Department completed its 

comprehensive review of the program. 

This review included proposed 

modifications to be made by the 

Department in response to the Linowes 

Commission and OTA reports. Secretary 

Clark announced on August 30, 1984, 

that the Department would prepare an 

EIS supplement to the 1979 

Programmatic EIS for the Federal coal 

management program. The Department 

issued the Record of Decision for the 

Programmatic EIS supplement in 

January 1986, in the form of a 

Secretarial Issue Document. That 

document recommended continuation 

of the leasing program with 

modifications. In conjunction with 

those modifications, Secretary of the 

Interior Donald Hodel lifted the coal 

leasing moratorium in 1987. 

On March 17, 2015, Secretary S.M.R. 

Jewell called for ‘‘an honest and open 

conversation about modernizing the 

Federal coal program.’’ As described 


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8 GAO, Coal Leasing: BLM Could Enhance 

Appraisal Process, More Explicitly Consider Coal 

Exports, and Provide More Public Information, GAO 

14–140 (Dec. 2013). 

9OIG, Coal Management Program, U.S. 

Department of the Interior, Report No.: CR–EV– 

BLM–0001–2012 (June 2013). 

above, the last time the Federal coal 

program underwent comprehensive 

review was in the mid-1980s, and 

market conditions, infrastructure 

development, scientific understanding, 

and national priorities have changed 

considerably since that time. The 

Secretary’s call also responded to 

continued concerns from numerous 

stakeholders about the Federal coal 

program, including concerns raised by 

the GAO,8 the Department’s Office of 

Inspector General (OIG),9 members of 

Congress, interested stakeholders, and 

the public. The concerns raised by the 

GAO and OIG were centered on whether 

taxpayers receive a fair return from the 

sale of federal coal. Others raised 

concerns that the current Federal 

leasing structure lacks transparency and 

competition and is therefore not 

ensuring that the American taxpayer 

receives a fair return from Federal coal 

resources, while also raising questions 

regarding current market conditions for 

the coal industry and related 

implications for Federal resources. 

Stakeholders also questioned whether 

the leasing program results in oversupply of a commodity that has 

significant environmental and health 

impacts, including impacts on global 

climate change. 

In response to the Secretary’s call for 

a conversation to address these 

concerns, the BLM held five listening 

sessions regarding the Federal coal 

program in the summer of 2015. 

Sessions were held in Washington, DC; 

Billings, Montana; Gillette, Wyoming; 

Denver, Colorado; and Farmington, New 

Mexico. The Department heard from 289 

individuals during the sessions and 

received more than 92,000 written 

comments before the comment period 

closed on September 17, 2015. The oral 

and written comments reflected several 

recurring themes: 

• Concern about global climate 

change and the impact of coal 

production and use. 

• Concern about the loss of jobs and 

local revenues if coal production is 

reduced. 

• Support for increased transparency 

and public participation in leasing and 

royalty decisions and concern that the 

structure of the leasing program does 

not provide for adequate competition or 

a fair return to the taxpayer for the use 

of Federal resources. 

• Support for increasing coal royalty 

rates because: (1) Taxpayers are not 

receiving a fair return, in part because 

the royalty rate should match that for 

offshore oil and gas leases; and (2) the 

royalty rate should account for the 

environmental costs of coal production. 

• Support for maintaining or lowering 

coal royalty rates because: (1) The coal 

industry already pays more than its fair 

share and existing Federal rates are too 

high given current market conditions; 

(2) raising rates will lower production 

and revenues; and (3) raising rates will 

cost jobs and harm communities. 

• Support for streamlining the current 

leasing process, so that the Federal coal 

program is administered in a way that 

better promotes economic stability and 

jobs, especially in coal communities 

which are already suffering from 

depressed economic conditions. 

After conducting these listening 

sessions, Secretary Jewell determined 

that three areas of the program received 

the most attention from the public: 

Concerns that American taxpayers were 

not receiving a fair return on public coal 

resources, that the program conflicted 

with national climate policy and goals, 

and that the structure of the program 

needed review considering current 

market conditions. To address the issues 

raised during these sessions, on January 

15, 2016, Secretary Jewell issued 

Secretary’s Order 3338, directing the 

BLM to conduct a broad, programmatic 

review of the Federal coal program 

through the preparation of a 

discretionary Programmatic EIS under 

NEPA, 42 U.S.C. 4321 et seq. A Notice 

of Intent for the Programmatic EIS was 

published in March 2016, and a scoping 

report was published on January 11, 

2017. 

On March 29, 2017, former Secretary 

Zinke issued Secretary’s Order No. 3348 

(Zinke Order) entitled, ‘‘Concerning the 

Federal Coal Moratorium.’’ The Zinke 

Order rescinded the Jewell Order, lifted 

the coal leasing pause, and halted the 

preparation of the Programmatic EIS. 

On January 20, 2021, President Biden 

issued Executive Order 13990, 

‘‘Executive Order on Protecting Public 

Health and the Environment and 

Restoring Science to Tackle the Climate 

Crisis.’’ On April 16, 2021, Secretary 

Deb Haaland issued Secretary’s Order 

3398, which rescinded the Zinke Order. 

The Department’s programmatic review 

of the Federal coal program furthers the 

goals of the Haaland Order. 

In announcing this review and 

soliciting comments, the Department 

notes that the regional leasing program 

authorized in the 1979 regulations has 

not worked as envisioned and, instead, 

the BLM has conducted leasing only in 

response to industry applications. Given 

previous concerns about the lack of 

competition in the lease-by-application 

system, as well as consideration of the 

Biden Administration’s environmental 

goals, the BLM is beginning a new 

review of the Federal coal leasing 

program and seeks comments on 

whether the current regulatory 

framework should be changed to 

provide better mechanisms to decide 

which coal resources should be made 

available and how the leasing process 

should work, including when and 

where to lease. The BLM is also seeking 

comments on the following topics: 

a. Fair Return 

The BLM is seeking comments on 

whether the bonus bids, rents, and 

royalties received under the Federal 

coal program are successfully securing a 

fair return to the American public for 

Federal coal, and, if not, what 

adjustments could be made to provide 

such compensation. 

b. Climate Impacts 

The BLM seeks comments on how 

best to measure and assess the climate 

impacts of continued Federal coal 

production, transportation, and 

combustion. 

c. Other Impacts 

The BLM seeks comments on other 

potential impacts on public health and 

the environment, such as the effects of 

coal production on: The quantity and 

quality of water resources, including 

aquifer drawdown and impacts on 

streams and alluvial valley floors; air 

quality and the associated effects on 

health and visibility; wildlife, including 

endangered species; and other land uses 

such as grazing and recreation. 

d. Socio-Economic Considerations 

The BLM seeks comments on whether 

the current Federal coal leasing program 

adequately accounts for externalities 

related to Federal coal production, 

including environmental and social 

impacts. 

e. Exports 

The BLM seeks comments addressing 

whether and, if so, how leasing 

decisions should consider actual and/or 

projected exports of domestic coal 

collectively or from any given tract and 

potential mechanisms that could be 

used to appropriately evaluate export 

potential. 

f. Energy Needs 

Finally, the BLM seeks comments on 

how Federal coal supports fulfilling the 

energy needs of the United States. 


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1BOEM acknowledges that the generally and 

scientifically accepted spelling for this compound 

is sulfur. Throughout this notice, BOEM uses the 

spelling consistent with its current regulations. 

The BLM also welcomes suggestions 

for other potential approaches to the 

Federal coal program including 

approaches that may differ from those 

articulated below. We encourage 

commenters to be as specific as possible 

in identifying the types of changes to 

the program that the BLM should 

consider, including changes to 

regulations, guidance, and management 

practices. 

BLM also solicits input on the 

following: 

1. Potential new leasing models, or 

potential reforms to the previous or 

existing leasing models of regional 

leasing and lease by application; 

2. Other approaches to increase 

competition in the leasing process; 

3. Data or analyses that justify a 

specific change to the royalty rate; 

4. Potential approaches to improve 

the pre-sale estimate of fair market 

value; 

5. Whether, and how, to account in 

the leasing process for the extent to 

which reclamation responsibilities have 

been met; 

6. Potential approaches to design a 

‘‘budget’’ for the amount of Federal coal 

and/or acreage to be leased over a given 

period; and 

7. How to account for export potential 

in the leasing process. 

In submitting written comments, 

individuals should be aware that their 

entire comment—including personal 

identifying information (including 

address, phone number, and email 

address)—may be made publicly 

available at any time. While the 

commenter can request in the comment 

that the commenter’s personal 

identifying information be withheld 

from public review, this cannot be 

guaranteed. All comments from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, will be 

available for public inspection in their 

entirety. 

The DOI will consult with Indian 

tribes on a government-to-government 

basis in accordance with Executive 

Order 13175 and other policies. Tribal 

concerns, including impacts on Indian 

trust assets and potential impacts to 

cultural resources, will be given due 

consideration. Federal, State, and local 

agencies, along with Tribes and other 

stakeholders that may be interested in or 

affected by the Federal coal program, are 

invited to participate in the review. 

Following closure of the comment 

period, the BLM will prepare a 

comment summary report, make the 

report available to the public, and will 

detail the scope and form of its 

programmatic review. The BLM’s goal is 

to announce additional steps for the 

programmatic review by November 

2021. 

(Authority: 43 U.S.C. 1701 et seq., 30 U.S.C. 

181 et seq., 30 U.S.C. 351 et. seq.) 

Nada Wolff Culver, 

Deputy Director, Programs and Policy, Bureau 

of Land Management. 

[FR Doc. 2021–17827 Filed 8–19–21; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

[OMB Control Number 1010–0072; Docket 

ID: BOEM–2017–0016] 

Agency Information Collection 

Activities; Commercial Prospecting, 

Noncommercial Geological and 

Geophysical Exploration, and 

Scientific Research for Minerals Other 

Than Oil, Gas, and Sulfur on the Outer 

Continental Shelf 

AGENCY: Bureau of Ocean Energy 

Management, Interior. 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, the 

Bureau of Ocean Energy Management 

(BOEM) proposes to renew an 

information collection request (ICR). 

DATES: Interested persons are invited to 

submit comments on or before 

September 20, 2021. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent to 

the Office of Management and Budget’s 

Desk Officer for the Department of the 

Interior within 30 days of publication of 

this notice at www.reginfo.gov/public/ 

do/PRAMain. Find this information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. Please 

provide a copy of your comments to the 

BOEM Information Collection Clearance 

Officer, Anna Atkinson, Bureau of 

Ocean Energy Management, 45600 

Woodland Road, Sterling, Virginia 

20166; or by email to anna.atkinson@

boem.gov. Please reference Office of 

Management and Budget (OMB) Control 

Number 1010–0072 in the subject line of 

your comments. 

FOR FURTHER INFORMATION CONTACT: 

Anna Atkinson by email at 

anna.atkinson@boem.gov or by 

telephone at 703–787–1025. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Paperwork 

Reduction Act of 1995, BOEM provides 

the general public and Federal agencies 

with an opportunity to comment on 

new, proposed, revised, and continuing 

collections of information. This helps 

BOEM assess the impact of the 

information collection requirements and 

minimize the public’s reporting burden. 

It also helps the public understand 

BOEM’s information collection 

requirements. 

Title of Collection: Commercial 

Prospecting, Noncommercial Geological 

and Geophysical Exploration, and 

Scientific Research for Minerals Other 

Than Oil, Gas, and Sulfur on the Outer 

Continental Shelf. 

Abstract: This ICR covers the 

information collection requirements in 

30 CFR part 580, ‘‘Prospecting for 

Minerals Other than Oil, Gas, and 

Sulphur 1 on the Outer Continental 

Shelf [OCS],’’ which concern 

commercial prospecting and scientific 

research. This request also includes 

information collection requirements 

related to authorizations of 

noncommercial geological and 

geophysical (G&G) exploration issued 

pursuant to section 11 of the Outer 

Continental Shelf Lands Act (OCS 

Lands Act), as amended (43 U.S.C. 1340 

et seq., and 43 U.S.C. 1801 et seq.). 

The OCS Lands Act authorizes the 

Secretary of the Interior (Secretary) to 

prescribe rules and regulations to 

administer leasing of mineral resources 

on the OCS. Section 8 of the OCS Lands 

Act authorizes the Secretary ‘‘to grant to 

the qualified persons offering the 

highest cash bonuses on a basis of 

competitive bidding leases of any 

mineral other than oil, gas, and sulphur 

in any area of the [O]uter Continental 

Shelf not then under lease for such 

mineral upon such royalty, rental, and 

other terms and conditions as the 

Secretary may prescribe at the time of 

offering the area for lease.’’ 43 U.S.C. 

1337(k)(1). Additionally, the Secretary 

may noncompetitively negotiate 

agreements for the use of OCS sand, 

gravel, and shell resources for use in 

shore protection, beach restoration, or 

coastal wetlands restoration projects 

undertaken by a Federal, State, or local 

government agency, or for use in a 

construction project funded in whole or 

in part by or authorized by the Federal 

Government. 43 U.S.C. 1337(k)(2). 

Section 11 of the OCS Lands Act 

states that ‘‘any person authorized by 

the Secretary may conduct geological 

and geophysical explorations in the 

[O]uter Continental Shelf, which do not 


khammond on DSKJM1Z7X2PROD with NOTICES