II 

111TH CONGRESS 

2D SESSION S. 3385 

To amend the Mineral Leasing Act to require the Secretary of the Interior 

to determine the impact of any proposed modification to the policy 

of the Department of the Interior relating to any onshore oil or natural 

gas preleasing or leasing activity, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2010 

Mr. BENNETT (for himself, Mr. BARRASSO, Mr. ENZI, and Mr. HATCH) 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 require the Secretary 

of the Interior to determine the impact of any proposed 

modification to the policy of the Department of the Interior relating to any onshore oil or natural gas preleasing 

or leasing activity, 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 ‘‘American Energy and 

5 Western Jobs Act’’. 


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1 SEC. 2. RESCISSION OF CERTAIN INSTRUCTION MEMO2 RANDA. 

3 Bureau of Land Management Instruction Memo4 randa numbered 2010–117 and 2010–118, issued on May 

5 17, 2010, are rescinded and shall have no force or effect. 

6 SEC. 3. DETERMINATION OF IMPACT OF PROPOSED POLICY 

7 MODIFICATIONS. 

8 The Mineral Leasing Act is amended by inserting 

9 after section 37 (30 U.S.C. 193) the following: 

10 ‘‘SEC. 38. DETERMINATION OF IMPACT OF PROPOSED POL11 ICY MODIFICATIONS. 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) DEPARTMENT.—The term ‘Department’ 

14 means the Department of the Interior. 

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

16 the Secretary of the Interior. 

17 ‘‘(b) DUTY OF SECRETARY.— 

18 ‘‘(1) IN GENERAL.—Prior to the modification 

19 and implementation of any onshore oil or natural 

20 gas preleasing or leasing and development policy (as 

21 in effect as of January 1, 2010), the Secretary 

22 shall— 

23 ‘‘(A) complete an economic impact assess24 ment in accordance with paragraph (2); and 


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1 ‘‘(B) determine that the proposed modi2 fication will have the effects described in para3 graph (2)(A). 

4 ‘‘(2) REQUIREMENTS.—In carrying out an as5 sessment under paragraph (1), to determine the im6 pact of the policy modification described in that 

7 paragraph, the Secretary shall— 

8 ‘‘(A) in consultation with the appropriate 

9 officials of each State (including county govern10 ments and other political subdivisions of each 

11 State) in which 1 or more parcels of land sub12 ject to oil and natural gas leasing are located, 

13 and each other appropriate individual or entity, 

14 as determined by the Secretary— 

15 ‘‘(i)(I) carry out an economic analysis 

16 of the impact of the policy modification on 

17 oil- and natural gas-related employment 

18 opportunities and domestic reliance on for19 eign imports of petroleum resources; and 

20 ‘‘(II) certify that the modification 

21 would not result in a detrimental impact 

22 on employment opportunities relating to 

23 oil- and natural gas-related development or 

24 contribute to an increase in the domestic 

25 use of imported petroleum resources; and 


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1 ‘‘(ii) carry out a policy assessment to 

2 determine the manner by which the modi3 fication would impact— 

4 ‘‘(I) revenues from oil and nat5 ural gas receipts to the general fund 

6 of the Treasury and certify that the 

7 modification would, for the 10-year 

8 period beginning on the date of imple9 mentation of the modification, not 

10 contribute to an aggregate loss of oil 

11 and natural gas receipts; and 

12 ‘‘(II) revenues to the treasury of 

13 each affected State that shares oil and 

14 natural gas receipts with the Federal 

15 Government and certify that the 

16 modification would, for the 10-year 

17 period beginning on the date of imple18 mentation of the modification, not 

19 contribute to an aggregate loss of oil 

20 and natural gas receipts; and 

21 ‘‘(B) provide notice to the public and an 

22 opportunity to comment on the modification in 

23 a manner consistent with subchapter II of chap24 ter 5, and chapter 7, of title 5, United States 


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1 Code (commonly known as the ‘Administrative 

2 Procedure Act’).’’. 

Æ 


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