IB 
Union Calendar No. 785 
115TH CONGRESS 
2D SESSION 
H. R. 6107 
[Report No. 115–1004] 
To clarify that Bureau of Land Management shall not require permits for 
oil and gas activities conducted on non-Federal surface estate to access 
subsurface mineral estate that is less than 50 percent Federally owned, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2018 
Mr. PEARCE (for himself, Ms. CHENEY, Mr. BISHOP of Utah, Mr. GOHMERT, 
Mr. JOHNSON of Ohio, Mr. GOSAR, and Mr. CRAMER) introduced the fol-
lowing bill; which was referred to the Committee on Natural Resources 
NOVEMBER 2, 2018 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 14, 2018] 
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A BILL 
To clarify that Bureau of Land Management shall not re-
quire permits for oil and gas activities conducted on 
non-Federal surface estate to access subsurface mineral 
estate that is less than 50 percent Federally owned, 
and for other purposes. 
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21:13 Nov 02, 2018
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ending Duplicative Per-
mitting Act’’. 
SEC. 2. ACCESS TO FEDERAL OIL AND GAS FROM NON-FED-
ERAL SURFACE ESTATE. 
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) 
is amended by adding at the end the following: 
‘‘(q) NO FEDERAL PERMIT REQUIRED FOR OIL AND 
GAS ACTIVITIES ON CERTAIN LAND.— 
‘‘(1) IN GENERAL.—The Secretary shall not re-
quire an operator to obtain a Federal drilling permit 
for oil and gas exploration and production activities 
conducted on non-Federal surface estate, provided 
that— 
‘‘(A) the United States holds an ownership 
interest of less than 50 percent of the subsurface 
mineral estate to be accessed by the proposed ac-
tion; and 
‘‘(B) the operator submits to the Secretary 
a State permit to conduct oil and gas explo-
ration and production activities on the non-Fed-
eral surface estate. 
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‘‘(2) NO FEDERAL ACTION.—Oil and gas explo-
ration and production activities carried out under 
paragraph (1)— 
‘‘(A) shall require no additional Federal ac-
tion; 
‘‘(B) may commence 30 days after submis-
sion of the State permit to the Secretary; 
‘‘(C) are categorically excluded from any 
further analysis and documentation under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); 
‘‘(D) shall not require any analysis under 
section 106 of the National Historic Preservation 
Act of 1966, as amended (54 U.S.C. 306108); 
and 
‘‘(E) shall not require any analysis, assess-
ment, or consultation under section 7 of the En-
dangered Species Act of 1973 (16 U.S.C. 1536). 
‘‘(3) ROYALTIES
AND
PRODUCTION
ACCOUNT-
ABILITY.—(A) Nothing in this subsection shall affect 
the amount of royalties due to the United States 
under this Act from the production of oil and gas, or 
alter the Secretary’s authority to conduct audits and 
collect civil penalties pursuant to the Federal Oil and 
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Gas Royalty Management Act of 1982 (30 U.S.C. 
1711 et seq.). 
‘‘(B) The Secretary may conduct on-site reviews 
and inspections to ensure proper accountability, 
measurement, and reporting of production of Federal 
oil and gas, and payment of royalties. 
‘‘(4) EXCEPTIONS.—This subsection shall not 
apply to actions on Indian lands or resources man-
aged in trust for the benefit of Indian tribes.’’. 
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Union Calendar No. 785 
115TH CONGRESS 
2D SESSION 
H. R. 6107 
[Report No. 115–1004] 
A BILL 
To clarify that Bureau of Land Management shall 
not require permits for oil and gas activities con-
ducted on non-Federal surface estate to access 
subsurface mineral estate that is less than 50 
percent Federally owned, and for other purposes. 
NOVEMBER 2, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
21:13 Nov 02, 2018
Jkt 089200
PO 00000
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E:\BILLS\H6107.RH
H6107
pbinns on DSK79D2C42PROD with BILLS