I 
117TH CONGRESS 
1ST SESSION H. R. 2986 
To discourage speculative oil and gas leasing and to promote enhanced mul-
tiple use management of public land and National Forest System land, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 4, 2021 
Mrs. LEE of Nevada introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To discourage speculative oil and gas leasing and to promote 
enhanced multiple use management of public land and 
National Forest System land, and for other purposes. 
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 ‘‘End Speculative Oil 
and Gas Leasing Act of 2021’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) Federal land should be managed for mul-
tiple uses, resources, and values, including recreation 
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use, grazing use, timber resources, mineral re-
sources, watershed management, wildlife and fish 
habitat, and natural, scenic, scientific, and historic 
values; 
(2) section 17(a) of the Mineral Leasing Act 
(30 U.S.C. 226(a)) authorizes the Secretary of the 
Interior to offer for lease only land that is ‘‘known 
or believed to contain oil or gas deposits’’; 
(3)(A) in determining whether a parcel of Fed-
eral land should be made available for oil and gas 
leasing and development, and in offering such a par-
cel for sale, the Secretary does not meaningfully 
take into consideration the oil and gas development 
potential of that parcel; and 
(B) as a result, the Secretary regularly offers 
and leases for oil and gas development Federal land 
that has no or low potential for the development of 
oil and gas resources (referred to in this section as 
‘‘no- or low-potential Federal land’’); 
(4)(A) no- or low-potential Federal land is fre-
quently leased for or near the minimum lease bid, or 
noncompetitively, and rarely produce oil or gas re-
sources; and 
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(B) as a result, taxpayers in the United States 
receive minimal revenue from the leasing of no- or 
low-potential Federal land; 
(5) making no- or low-potential Federal land 
available for oil and gas leasing can result in leases 
being obtained for speculative purposes; 
(6) the Secretary wastes taxpayer resources in 
issuing and managing leases on no- or low-potential 
Federal land; 
(7) no- or low-potential Federal land frequently 
supports other economically important uses, re-
sources, and values including the uses, resources, 
and values described in paragraph (1); 
(8) the existence of leases on no- and low-poten-
tial Federal land can and does limit the ability of 
the Secretary to support and enhance the uses, re-
sources, and values described in paragraph (1); and 
(9) meaningful public participation in leasing 
decisions is essential and can help to ensure that the 
decisions of the Secretary are well-informed and 
based on current and reliable information and data. 
SEC. 3. POLICY. 
In accordance with Federal multiple use land man-
agement goals, it is the policy of the United States that— 
(1) the Secretary— 
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(A) shall not, absent exceptional cir-
cumstances, offer for lease any Federal land 
that has low or no potential for the development 
of oil and gas resources; 
(B) shall discourage speculation in the 
Federal onshore oil and gas leasing program; 
and 
(C) by not offering for lease Federal land 
described in subparagraph (A), shall conserve 
limited Federal resources that can be better ap-
plied elsewhere; and 
(2) the policies described in paragraph (1) are 
in keeping with, and are not detrimental to, the en-
ergy security of the United States. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) DRAINAGE.—The term ‘‘drainage’’ means 
the migration of hydrocarbons, inert gases (other 
than helium), or associated resources from a well 
caused by production from another well. 
(2) FEDERAL LAND.—The term ‘‘Federal land’’ 
means— 
(A) public land; and 
(B) National Forest System land. 
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(3) LAND
USE
PLAN.—The term ‘‘land use 
plan’’ means— 
(A) a land use plan required under sec-
tions 201 and 202 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1711, 
1712), including any resource management plan 
(as defined in section 1601.0–5 of title 43, 
Code of Federal Regulations (or successor regu-
lations)); and 
(B) a land and resource management plan 
developed by the Secretary of Agriculture pur-
suant to section 6 of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 
U.S.C. 1604). 
(4) PUBLIC
LAND.—The term ‘‘public land’’ 
has the meaning given the term ‘‘public lands’’ in 
section 103 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1702). 
(5) REASONABLY FORESEEABLE DEVELOPMENT 
SCENARIO.—The term ‘‘reasonably foreseeable devel-
opment scenario’’ has the meaning given the term in 
the handbook of the Bureau of Land Management 
entitled ‘‘H—1624–1—Planning for Fluid Mineral 
Resources’’ (as in effect on the date of enactment of 
this Act) and issued pursuant to the Federal Land 
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Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector of the Bureau of Land Management. 
SEC. 5. FEDERAL LAND COVERED BY REASONABLY FORE-
SEEABLE DEVELOPMENT SCENARIO ISSUED 
BEFORE DATE OF ENACTMENT. 
(a) IN GENERAL.—With respect to Federal land oth-
erwise available for leasing of oil and gas resources pursu-
ant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) 
or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 
351 et seq.) that is covered by a reasonably foreseeable 
development scenario issued before the date of enactment 
of this Act, except as provided in subsection (b), the Sec-
retary shall not offer the Federal land for lease unless the 
reasonably foreseeable development scenario for that land 
includes an assessment of the oil and gas development po-
tential of that land that specifically identifies the potential 
for all acres subject to decisions on availability for leasing. 
(b) EXCEPTION FOR DRAINAGE.— 
(1) IN GENERAL.—The Secretary may offer for 
lease any Federal land described in subsection (a) 
without meeting the requirements of that subsection 
if— 
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(A)(i) the Federal land is adjacent to land 
currently producing oil or gas; and 
(ii) the lease is issued for the purpose of 
preventing drainage from the adjacent land; or 
(B) the Federal land— 
(i) does not exceed 640 acres; and 
(ii) is located within 1 mile of a well 
producing oil or gas in paying quantities 
on the date on which the Federal land is 
offered for leasing. 
(2) REQUIREMENT.—A lease issued under para-
graph (1) shall be consistent with the applicable 
land use plan and all other applicable law. 
SEC. 6. FEDERAL LAND NOT COVERED BY CURRENT REA-
SONABLY FORESEEABLE DEVELOPMENT SCE-
NARIO. 
(a) IN GENERAL.— 
(1) IN GENERAL.—Except as provided in sub-
section (c), if the Secretary determines that Federal 
land otherwise available for leasing of oil and gas re-
sources pursuant to the Mineral Leasing Act (30 
U.S.C. 181 et seq.) or the Mineral Leasing Act for 
Acquired Lands (30 U.S.C. 351 et seq.) is not cov-
ered by a reasonably foreseeable development sce-
nario issued in accordance with this subsection or 
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section 5(a), the Secretary, in cooperation with the 
Secretary of Agriculture with respect to National 
Forest System land, shall complete such a reason-
ably foreseeable development scenario. 
(2) REQUIREMENTS.—Any reasonably foresee-
able development scenario issued on or after the 
date of enactment of this Act shall, at a minimum— 
(A) assess and designate all Federal land 
covered by the reasonably foreseeable develop-
ment scenario as having high, moderate, low, or 
no potential for development of oil and gas re-
sources; and 
(B) publish a map depicting the covered 
Federal land and the development potential for 
that Federal land designated under subpara-
graph (A). 
(3) FACTORS.— 
(A) IN GENERAL.—In completing a reason-
ably foreseeable development scenario for Fed-
eral land, the Secretary shall take into consider-
ation— 
(i) past and present exploration and 
development activity in the vicinity, includ-
ing historic trends; 
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(ii) for each lease in the vicinity, the 
number, location, and types of wells 
drilled, the representative depth of wells 
drilled, the number and location of dry 
holes, the success ratio for wells drilled, 
and the location, production history, and 
life expectancy of producing fields; 
(iii) geological, geophysical, and geo-
chemical information for the Federal land, 
including data and information from the 
United States Geological Survey, the De-
partment of Energy, State agencies, indus-
try, 
professional 
societies, 
academic 
sources, and the public; 
(iv) structural and stratigraphic data 
and information relating to basins, fields, 
and plays on the Federal land; and 
(v) data and information on the likeli-
hood that economically recoverable oil and 
gas resources are present in a given area, 
including information submitted by experts 
and the public. 
(B) EXPLANATION
OF
FACTORS.—The 
Secretary shall document how each factor de-
scribed in subparagraph (A) and any other fac-
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tors considered by the Secretary support the 
designation of the potential for development of 
oil and gas resources on the Federal land. 
(4) OPPORTUNITY
FOR
PUBLIC
PARTICIPA-
TION.—In carrying out a reasonably foreseeable de-
velopment scenario under this subsection, the Sec-
retary shall— 
(A) notify the public that the reasonably 
foreseeable development scenario is being initi-
ated; 
(B) publish a request for information for 
the reasonably foreseeable development sce-
nario; 
(C) release a draft version of the reason-
ably foreseeable development scenario for a 
public review and comment for a period of not 
less than 60 days; and 
(D) consider and respond to public com-
ments in the final version of the reasonably 
foreseeable development scenario. 
(b) REGULAR UPDATE.— 
(1) IN
GENERAL.—Not later than 15 years 
after the date of enactment of this Act, and not less 
frequently than every 15 years thereafter, the Sec-
retary, consistent with subsection (a) and in co-
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operation with the Secretary of Agriculture with re-
spect to National Forest System land, shall review 
and update all reasonably foreseeable development 
scenarios covering Federal land. 
(2) PROHIBITION.—Except as provided in sub-
section (c), the Secretary shall not offer for lease 
any Federal land otherwise available for leasing of 
oil and gas resources pursuant to the Mineral Leas-
ing Act (30 U.S.C. 181 et seq.) or the Mineral Leas-
ing Act for Acquired Lands (30 U.S.C. 351 et seq.) 
unless the Secretary has updated the reasonably 
foreseeable development scenario covering that Fed-
eral land in accordance with paragraph (1). 
(c) EXCEPTION FOR DRAINAGE.— 
(1) IN GENERAL.—The Secretary may offer for 
lease any Federal land otherwise available for leas-
ing of oil and gas resources pursuant to the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Mineral 
Leasing Act for Acquired Lands (30 U.S.C. 351 et 
seq.) without completing or updating a reasonably 
foreseeable development scenario for that land under 
subsection (a) or (b), as applicable, if— 
(A)(i) the Federal land is adjacent to land 
currently producing oil or gas; and 
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(ii) the lease is issued for the purpose of 
preventing drainage from the adjacent land; or 
(B) the Federal land— 
(i) does not exceed 640 acres; and 
(ii) is located within 1 mile of a well 
producing oil or gas in paying quantities 
on the date on which the Federal land is 
offered for leasing. 
(2) REQUIREMENT.—A lease issued under para-
graph (1) shall be consistent with the applicable 
land use plan and all other applicable law. 
SEC. 7. LAND HAVING NO OR LOW DEVELOPMENT POTEN-
TIAL UNDER A REASONABLY FORESEEABLE 
DEVELOPMENT SCENARIO. 
(a) IN GENERAL.—Except as provided in subsections 
(b) and (c), the Secretary shall not offer for lease any Fed-
eral land otherwise available for leasing of oil and gas re-
sources pursuant to the Mineral Leasing Act (30 U.S.C. 
181 et seq.) or the Mineral Leasing Act for Acquired 
Lands (30 U.S.C. 351 et seq.) if the Federal land is des-
ignated in the applicable reasonably foreseeable develop-
ment scenario as having low or no potential for develop-
ment of oil or gas resources. 
(b) EXCEPTION FOR DRAINAGE.— 
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(1) IN GENERAL.—The Secretary may offer for 
lease any Federal land described in subsection (a) 
if— 
(A)(i) the Federal land is adjacent to land 
currently producing oil or gas; and 
(ii) the lease is issued for the purpose of 
preventing drainage from the adjacent land; or 
(B) the Federal land— 
(i) does not exceed 640 acres; and 
(ii) is located within 1 mile of a well 
producing oil or gas in paying quantities 
on the date on which the Federal land is 
offered for leasing. 
(2) REQUIREMENT.—A lease issued under para-
graph (1) shall be consistent with the applicable 
land use plan and all other applicable law. 
(c) VARIANCE PROCESS.— 
(1) IN GENERAL.—An entity seeking to lease 
Federal land described in subsection (a) for pur-
poses other than the purpose described in subsection 
(b)(1)(A)(ii) may submit to the Secretary an appli-
cation for a variance under which the applicant shall 
bear the full burden of establishing and documenting 
that providing a variance for the Federal land 
would— 
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(A) be consistent with decisions contained 
in the land use plan in effect for the Federal 
land; 
(B) affect only areas— 
(i) with low wildlife, recreation, live-
stock, and other multiple-use resource val-
ues; and 
(ii) where impacts to those values 
arising from the variance can be resolved; 
(C) optimize the use of existing infrastruc-
ture and avoid duplication of infrastructure and 
disruption of public land; 
(D) minimize adverse impacts on fish and 
wildlife habitats and migration and movement 
corridors in nearby areas; 
(E) cause no significant effects on species 
listed as endangered species or threatened spe-
cies under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) or the habitats of 
those species; 
(F) cause no cumulative impacts on air or 
water resources of concern that cannot be 
avoided or minimized; 
(G) cause no adverse impacts on— 
(i) units of the National Park System; 
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(ii) units of the National Wildlife Ref-
uge System; 
(iii) areas of critical environmental 
concern; 
(iv) components of the National Wil-
derness Preservation System; or 
(v) other special status areas, includ-
ing State and local parks and wildlife and 
recreation areas; and 
(H) allow the Federal land to be developed 
in the public interest. 
(2) OPPORTUNITY
FOR
PUBLIC
PARTICIPA-
TION.— 
(A) IN GENERAL.—On receipt of an appli-
cation for a variance under paragraph (1), the 
Secretary shall— 
(i) promptly notify the public that the 
application has been received; and 
(ii) provide the public with an oppor-
tunity to review and comment on the appli-
cation, including any supporting docu-
ments, for a period of not less than 60 
days. 
(B) RESPONSE.—The Secretary shall con-
sider and respond in writing to any public com-
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ments received under subparagraph (A)(ii) be-
fore making a determination under paragraph 
(3)(A). 
(3) GRANTING OF VARIANCE.—The Secretary 
may grant a variance for Federal land described in 
subsection (a) pursuant to an application submitted 
under paragraph (1), and offer that Federal land for 
lease, if— 
(A) the Secretary publishes in the Federal 
Register a determination that— 
(i) the applicant met the burden of es-
tablishing and documenting that the vari-
ance would meet the requirements de-
scribed in paragraph (1); 
(ii) offering the Federal land for 
lease— 
(I) would not preclude the use of 
the Federal land for other uses, in-
cluding grazing, fish and wildlife, and 
recreation uses; and 
(II) would be managed in accord-
ance with the principles of multiple 
use (as defined in section 103 of the 
Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1702)); and 
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(iii) the variance is in the public inter-
est; and 
(B) the Federal land— 
(i) is adjacent to land currently pro-
ducing oil or gas in commercial quantities 
on the date on which the variance is grant-
ed; and 
(ii) does not exceed 640 acres. 
(4) REQUIREMENT.—A lease issued under para-
graph (3) shall be consistent with the applicable 
land use plan and all other applicable law. 
(5) LIMITATION.—The Secretary shall not 
grant more than 1 variance under this subsection 
per 5-year period to an applicant or to an entity 
under common ownership or control with the appli-
cant. 
SEC. 8. EFFECT. 
(a) MULTIPLE USE CONSIDERATIONS.—Nothing in 
this Act, including a determination under a reasonably 
foreseeable development scenario issued pursuant to this 
Act that Federal land has high or moderate potential for 
development of oil and gas resources, alters— 
(1) the requirements under section 202(c) of 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1712(c)) that prior to offering for 
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lease any public land otherwise available for leasing 
of oil and gas resources pursuant to the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Mineral 
Leasing Act for Acquired Lands (30 U.S.C. 351 et 
seq.), the Secretary shall consider and weigh the 
multiple use and sustained yield values of the public 
land; 
(2) the requirements of subsections (b) and (e) 
of section 6 of the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1604) 
that prior to offering for lease any National Forest 
System land otherwise available for leasing of oil 
and gas resources pursuant to the Mineral Leasing 
Act (30 U.S.C. 181 et seq.) or the Mineral Leasing 
Act for Acquired Lands (30 U.S.C. 351 et seq.), the 
Secretary of Agriculture shall consider and weigh 
the multiple use and sustained yield values of the 
National Forest System land; or 
(3) any other applicable requirements of law. 
(b) NEPA.—Nothing in this Act modifies, alters, or 
impacts the applicability of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the leasing 
of Federal land by the Secretary. 
Æ 
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