II 

117TH CONGRESS 

2D SESSION S. 4228 

To require the Secretary of the Interior to immediately resume oil and 

gas lease sales, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2022 

Mr. BARRASSO (for himself, Ms. LUMMIS, Mr. RISCH, Mr. MARSHALL, Mr. 

HOEVEN, Mr. CRUZ, and Mrs. HYDE-SMITH) introduced the following 

bill; which was read twice and referred to the Committee on Energy and 

Natural Resources 

A BILL 

To require the Secretary of the Interior to immediately 

resume oil and gas lease sales, 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 ‘‘Lease Now Act of 

5 2022’’. 

6 SEC. 2. ONSHORE OIL AND GAS LEASING. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ONSHORE OIL AND GAS LEASE SALE.—The 

9 term ‘‘onshore oil and gas lease sale’’ means an oil 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4228 IS

1 and gas lease sale conducted under section 17 of the 

2 Mineral Leasing Act (30 U.S.C. 226). 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Interior. 

5 (b) ONSHORE OIL AND GAS LEASE SALES.— 

6 (1) CONGRESSIONAL DECLARATION OF POL7 ICY.—Consistent with the policy described in section 

8 102(a)(12) of the Federal Land Policy and Manage9 ment Act of 1976 (43 U.S.C. 1701(a)(12)) that the 

10 Bureau of Land Management manage public land 

11 ‘‘in a manner which recognizes the Nation’s need for 

12 domestic sources of minerals’’ from public land, 

13 Congress declares that it is the policy of the United 

14 States that it is in the national interest for the De15 partment of the Interior to move forward expedi16 tiously to immediately resume— 

17 (A) onshore oil and gas lease sales; and 

18 (B) the processing and authorization of on19 shore oil and gas permits. 

20 (2) REQUIREMENT TO IMMEDIATELY RESUME

21 ONSHORE OIL AND GAS LEASE SALES.— 

22 (A) IN GENERAL.—The Secretary shall im23 mediately resume quarterly onshore oil and gas 

24 lease sales in accordance with section 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 4228 IS

1 17(b)(1)(A) of the Mineral Leasing Act (30 

2 U.S.C. 226(b)(1)(A)). 

3 (B) THIRD QUARTER LEASE SALE.—The 

4 Secretary shall immediately begin the leasing 

5 process for the quarterly onshore oil and gas 

6 lease sale for the third quarter of calendar year 

7 2022, including the scoping process, if needed. 

8 (C) MINIMUM STATUTORY LEASE

9 TERMS.—During the 5-year period beginning on 

10 the date of enactment of this Act, the Secretary 

11 shall offer all onshore oil and gas lease sales 

12 subject to the following minimum lease terms: 

13 (i) A royalty rate of 12.5 percent. 

14 (ii) A minimum acceptable bid of $2 

15 per acre. 

16 (iii) Rental rates of— 

17 (I) not less than $1.50 per acre 

18 per year for the first through fifth 

19 years of the onshore oil and gas lease; 

20 and 

21 (II) not less $2 per acre per year 

22 for each year thereafter of the on23 shore oil and gas lease. 

24 (iv) The applicable bond amount pur25 suant to subpart 3104 of part 3100 of title 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 4228 IS

1 43, Code of Federal Regulations (as in ef2 fect as of the date of enactment of this 

3 Act). 

4 (D) RESOURCE MANAGEMENT PLAN RE5 QUIREMENT.—In conducting an onshore oil and 

6 gas lease sale in a State described in section 

7 17(b)(1)(A) of the Mineral Leasing Act (30 

8 U.S.C. 226(b)(1)(A)), the Secretary shall offer 

9 not less than 70 percent of parcels nominated 

10 for oil and gas development under the applica11 ble resource management plan in effect for rel12 evant Bureau of Land Management resource 

13 management areas within the applicable State. 

14 (E) REPLACEMENT SALES.—If, for any 

15 reason, an onshore oil and gas lease sale for a 

16 calendar year is canceled, delayed, or deferred 

17 or is paused due to section 208 of Executive 

18 Order 14008 (42 U.S.C. 4321 note; relating to 

19 tackling the climate crisis at home and abroad), 

20 the Secretary shall conduct a replacement sale 

21 by not later than 3 calendar years after the 

22 date of the cancellation, delay, deferral, or 

23 pause, as applicable. 

24 SEC. 3. OFFSHORE OIL AND GAS LEASING. 

25 (a) 2017–2022 OIL AND GAS LEASING PROGRAM.— 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 4228 IS

1 (1) IN GENERAL.—The Secretary shall conduct 

2 all lease sales described in the 2017–2022 Outer 

3 Continental Shelf Oil and Gas Leasing Proposed 

4 Final Program (November 2016) that have not been 

5 conducted as of the date of enactment of this Act by 

6 not later than December 31, 2023. 

7 (2) LEASE SALE 257.—Not later than 30 days 

8 after the date of enactment of this Act, the Sec9 retary shall issue leases to the successful bidders for 

10 Gulf of Mexico Lease Sale 257 conducted on Novem11 ber 17, 2021. 

12 (b) 2022–2027 OUTER CONTINENTAL SHELF OIL

13 AND GAS LEASING PROGRAM.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law, not later than June 30, 2022, the 

16 Secretary of the Interior (referred to in this section 

17 as the ‘‘Secretary’’) shall approve a final 2022–2027 

18 oil and gas leasing program under section 18 of the 

19 Outer Continental Shelf Lands Act (43 U.S.C. 

20 1344). 

21 (2) WAIVER.—In order to meet the deadline de22 scribed in paragraph (1), the Secretary may— 

23 (A) limit any comment periods required 

24 under subsections (c) and (d) of section 18 of 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 4228 IS

1 the Outer Continental Shelf Lands Act (43 

2 U.S.C. 1344); and 

3 (B) waive any other requirements under 

4 that section that would delay final approval of 

5 the oil and gas leasing program described in 

6 paragraph (1). 

7 (3) REQUIREMENTS.—The oil and gas leasing 

8 program described in paragraph (1) shall include not 

9 fewer than 10 lease sales in the Gulf of Mexico and 

10 Alaska regions of the outer Continental Shelf, with 

11 a minimum of 2 lease sales to be held in those re12 gions each calendar year, not fewer than 1 of which 

13 shall be in the Gulf of Mexico region. 

14 (4) LIMITATION.—The royalty rate for a lease 

15 issued under the oil and gas leasing program de16 scribed in paragraph (1) shall not exceed 18.75 per17 cent. 

18 (c) SUBSEQUENT OFFSHORE LEASING PROGRAMS.— 

19 Section 18 of the Outer Continental Shelf Lands Act (43 

20 U.S.C. 1344) is amended— 

21 (1) in subsection (a), in the first sentence of the 

22 matter preceding paragraph (1), by striking ‘‘sub23 sections (c) and (d) of this section’’ and inserting 

24 ‘‘subsections (c) through (f)’’; 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 4228 IS

1 (2) by redesignating subsections (f) through (h) 

2 as subsections (g) through (i), respectively; and 

3 (3) by inserting after subsection (e) the fol4 lowing: 

5 ‘‘(f) SUBSEQUENT LEASING PROGRAMS.— 

6 ‘‘(1) IN GENERAL.—Not later than 36 months 

7 after conducting the first lease sale under an oil and 

8 gas leasing program prepared pursuant to this sec9 tion, the Secretary shall begin preparing the subse10 quent oil and gas leasing program under this sec11 tion. 

12 ‘‘(2) REQUIREMENT.—Each subsequent oil and 

13 gas leasing program under this section— 

14 ‘‘(A) shall be approved not later than 180 

15 days before the expiration of the previous oil 

16 and gas leasing program; and 

17 ‘‘(B) shall contain a minimum of 5 lease 

18 sales.’’. 

19 SEC. 4. PROHIBITION ON DELAYS. 

20 (a) IN GENERAL.—The President shall not, through 

21 Executive order or any other administrative procedure, 

22 pause, cancel, delay, defer, or otherwise impede or cir23 cumvent the Federal energy mineral leasing processes 

24 under the Mineral Leasing Act (30 U.S.C. 181 et seq.) 

25 or the Outer Continental Shelf Lands Act (43 U.S.C. 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 4228 IS

1 1331 et seq.) or a related rulemaking process required by 

2 subchapter II of chapter 5, and chapter 7, of title 5, 

3 United States Code (commonly known as the ‘‘Administra4 tive Procedure Act’’), without Congressional approval. 

5 (b) REBUTTABLE PRESUMPTION.—There shall be a 

6 rebuttable presumption that any attempt by the President 

7 to pause, cancel, delay, defer, or otherwise impede or cir8 cumvent any Federal energy mineral leasing or permitting 

9 process under the Mineral Leasing Act (30 U.S.C. 181 

10 et seq.) or the Outer Continental Shelf Lands Act (43 

11 U.S.C. 1331 et seq.) or a related rulemaking process re12 quired by subchapter II of chapter 5, and chapter 7, of 

13 title 5, United States Code (commonly known as the ‘‘Ad14 ministrative Procedure Act’’), without Congressional ap15 proval, is a violation of the applicable law. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS