Bureau of Land Management Mineral Spacing Act

Bill: 118-s-535
Sponsor: full_name: Sen. Hoeven, John [R-ND]
Introduced: 2023-02-27
Policy area: Energy
Subjects: Indian lands and resources rights

Land use and conservation

Licensing and registrations

Mining

Oil and gas

State and local government operations
Latest action: action_date: 2023-07-11
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 125.

Summaries:
action_date: 2023-02-27
action_desc: Introduced in Senate
text: <p><b>Bureau of Land Management Mineral Spacing Act</b></p> <p>This bill expedites the permitting process for oil and gas drilling on federal land.</p> <p>Specifically, the bill bans the Department of the Interior from requiring a permit to drill for an oil and gas lease under the Mineral Leasing Act for an action occurring within an oil and gas drilling or spacing unit if (1) less than 50% of the minerals within the unit are minerals owned by the federal government, and (2) the federal government does not own or lease the surface estate within the area directly impacted by the action. However, this ban does not apply to certain tribal land.</p> <p>In addition, the bill requires state drilling applicants to notify Interior if their permit or plan would impact or extract federally owned oil or gas. Holders of oil or gas leases must notify Interior when they submit a state permit application to drill.</p>

tv_txt: II Calendar No. 125 118th CONGRESS 1st Session S. 535 [Report No. 118–53] IN THE SENATE OF THE UNITED STATES February 27, 2023 Mr. Hoeven (for himself, Mr. Barrasso , Mr. Cramer , and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources July 11, 2023 Reported by Mr. Manchin , without amendment A BILL To streamline the oil and gas permitting process and to recognize fee ownership for certain oil and gas drilling or spacing units, and for other purposes.

1. Short title This Act may be cited as the Bureau of Land Management Mineral Spacing Act . 2. Compliance with BLM permitting (a) In general Notwithstanding the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ), the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1701 et seq. ), or subpart 3162 of title 43, Code of Federal Regulations (or successor regulations), but subject to any State or Tribal requirements and subsection (c), the Secretary of the Interior shall not require a permit to drill for an oil and gas lease under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) for an action occurring within an oil and gas drilling or spacing unit if— (1) less than 50 percent of the minerals within the oil and gas drilling or spacing unit are minerals owned by the Federal Government; and (2) the Federal Government does not own or lease the surface estate within the area directly impacted by the action. (b) Notification For each State permit to drill or drilling plan that would impact or extract oil and gas owned by the Federal Government— (1) each lessee, or designee of a lessee, shall— (A) notify the Secretary of the Interior of the submission of a State application for a permit to drill or drilling plan on submission of the application; and (B) provide a copy of the application described in subparagraph (A) to the Secretary of the Interior not later than 5 days after the date on which the permit or plan is submitted; and (2) each lessee, designee of a lessee, or applicable State shall notify the Secretary of the Interior of the approved State permit to drill or drilling plan not later than 45 days after the date on which the permit or plan is approved. (c) Nonapplicability to Indian lands Subsection (a) shall not apply to Indian lands (as defined in section 3 of the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1702 )). (d) Effect Nothing in this section affects— (1) other authorities of the Secretary of the Interior under the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1701 et seq. ); or (2) the amount of royalties due to the Federal Government from the production of the Federal minerals within the oil and gas drilling or spacing unit.

July 11, 2023 Reported without amendment

tv_txt: II 118th CONGRESS 1st Session S. 535 IN THE SENATE OF THE UNITED STATES February 27, 2023 Mr. Hoeven (for himself, Mr. Barrasso , Mr. Cramer , and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To streamline the oil and gas permitting process and to recognize fee ownership for certain oil and gas drilling or spacing units, and for other purposes.

1. Short title This Act may be cited as the Bureau of Land Management Mineral Spacing Act . 2. Compliance with BLM permitting (a) In general Notwithstanding the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ), the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1701 et seq. ), or subpart 3162 of title 43, Code of Federal Regulations (or successor regulations), but subject to any State or Tribal requirements and subsection (c), the Secretary of the Interior shall not require a permit to drill for an oil and gas lease under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) for an action occurring within an oil and gas drilling or spacing unit if— (1) less than 50 percent of the minerals within the oil and gas drilling or spacing unit are minerals owned by the Federal Government; and (2) the Federal Government does not own or lease the surface estate within the area directly impacted by the action. (b) Notification For each State permit to drill or drilling plan that would impact or extract oil and gas owned by the Federal Government— (1) each lessee, or designee of a lessee, shall— (A) notify the Secretary of the Interior of the submission of a State application for a permit to drill or drilling plan on submission of the application; and (B) provide a copy of the application described in subparagraph (A) to the Secretary of the Interior not later than 5 days after the date on which the permit or plan is submitted; and (2) each lessee, designee of a lessee, or applicable State shall notify the Secretary of the Interior of the approved State permit to drill or drilling plan not later than 45 days after the date on which the permit or plan is approved. (c) Nonapplicability to Indian lands Subsection (a) shall not apply to Indian lands (as defined in section 3 of the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1702 )). (d) Effect Nothing in this section affects— (1) other authorities of the Secretary of the Interior under the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1701 et seq. ); or (2) the amount of royalties due to the Federal Government from the production of the Federal minerals within the oil and gas drilling or spacing unit.