S.Amdt. 1600

SA 1600. Ms. CORTEZ MASTO submitted an amendment intended to be
proposed by her to the bill H.R. 1957, to amend the Internal Revenue
Code of 1986 to modernize and improve the Internal Revenue Service, and
for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. ____. ENHANCED MULTIPLE USE MANAGEMENT OF PUBLIC LAND
AND NATIONAL FOREST SYSTEM LAND.

(a) Policy.--In accordance with Federal multiple use land
management goals, it is the policy of the United States
that--
(1) the Secretary--
(A) shall not, absent exceptional circumstances, 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;
(C) by not offering for lease Federal land described in
subparagraph (A), shall conserve limited Federal resources
that can be better applied elsewhere; and
(2) the policies described in paragraph (1) are in keeping
with, and are not detrimental to, the energy security of the
United States.

[[Page S2812]]

(b) Definitions.--In this section:
(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.
(3) Land use plan.--The term ``land use plan'' means--
(A) a land use plan required under sections 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 regulations)); and
(B) a land and resource management plan developed by the
Secretary of Agriculture pursuant 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 Management Act of 1976 (43 U.S.C. 1702).
(5) Reasonably foreseeable development scenario.--The term
``reasonably foreseeable development 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 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 Director of the Bureau of
Land Management.
(c) Federal Land Covered by Reasonably Foreseeable
Development Scenario Issued Before Date of Enactment.--
(1) In general.--With respect to Federal 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.) that is covered by a reasonably foreseeable development
scenario issued before the date of enactment of this Act,
except as provided in paragraph (2), the Secretary 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 potential of that
land that specifically identifies the potential for all acres
subject to decisions on availability for leasing.
(2) Exception for drainage.--
(A) In general.--The Secretary may offer for lease any
Federal land described in paragraph (1) without meeting the
requirements of that paragraph if--
(i)(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
(ii) 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.

(B) Requirement.--A lease issued under subparagraph (A)
shall be consistent with the applicable land use plan and all
other applicable law.
(d) Federal Land Not Covered by Current Reasonably
Foreseeable Development Scenario.--
(1) In general.--
(A) In general.--Except as provided in paragraph (3), if
the Secretary determines that Federal 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.) is not covered by a reasonably foreseeable development
scenario issued in accordance with this paragraph or
subsection (c)(1), the Secretary, in cooperation with the
Secretary of Agriculture with respect to National Forest
System land, shall complete such a reasonably foreseeable
development scenario.
(B) Requirements.--Any reasonably foreseeable development
scenario issued on or after the date of enactment of this Act
shall, at a minimum--
(i) assess and designate all Federal land covered by the
reasonably foreseeable development scenario as having high,
moderate, low, or no potential for development of oil and gas
resources; and
(ii) publish a map depicting the covered Federal land and
the development potential for that Federal land designated
under clause (i).
(C) Factors.--
(i) In general.--In completing a reasonably foreseeable
development scenario for Federal land, the Secretary shall
take into consideration--

(I) past and present exploration and development activity
in the vicinity, including historic trends;
(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 geochemical information
for the Federal land, including data and information from the
United States Geological Survey, the Department of Energy,
State agencies, industry, 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 likelihood that
economically recoverable oil and gas resources are present in
a given area, including information submitted by experts and
the public.

(ii) Explanation of factors.--The Secretary shall document
how each factor described in clause (i) and any other factors
considered by the Secretary support the designation of the
potential for development of oil and gas resources on the
Federal land.
(D) Opportunity for public participation.--In carrying out
a reasonably foreseeable development scenario under this
paragraph, the Secretary shall--
(i) notify the public that the reasonably foreseeable
development scenario is being initiated;
(ii) publish a request for information for the reasonably
foreseeable development scenario;
(iii) release a draft version of the reasonably foreseeable
development scenario for a public review and comment for a
period of not less than 60 days; and
(iv) consider and respond to public comments in the final
version of the reasonably foreseeable development scenario.
(2) Regular update.--
(A) 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 Secretary, consistent with paragraph
(1) and in cooperation with the Secretary of Agriculture with
respect to National Forest System land, shall review and
update all reasonably foreseeable development scenarios
covering Federal land.
(B) Prohibition.--Except as provided in paragraph (3), the
Secretary shall not offer for lease any Federal 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.) unless the Secretary has updated the reasonably
foreseeable development scenario covering that Federal land
in accordance with subparagraph (A).
(3) Exception for drainage.--
(A) In general.--The Secretary may offer for lease any
Federal 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.) without completing or updating a
reasonably foreseeable development scenario for that land
under paragraph (1) or (2), as applicable, if--
(i)(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
(ii) 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.

(B) Requirement.--A lease issued under subparagraph (A)
shall be consistent with the applicable land use plan and all
other applicable law.
(e) Land Having No or Low Development Potential Under a
Reasonably Foreseeable Development Scenario.--
(1) In general.--Except as provided in paragraphs (1) and
(2), the Secretary shall not offer for lease any Federal 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.) if the Federal land is designated in the applicable
reasonably foreseeable development scenario as having low or
no potential for development of oil or gas resources.
(2) Exception for drainage.--
(A) In general.--The Secretary may offer for lease any
Federal land described in paragraph (1) if--
(i)(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
(ii) 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.

(B) Requirement.--A lease issued under subparagraph (A)
shall be consistent with the applicable land use plan and all
other applicable law.
(3) Variance process.--
(A) In general.--An entity seeking to lease Federal land
described in paragraph (1) for purposes other than the
purpose described in paragraph (2)(A)(i)(II) may submit to
the Secretary an application 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--
(i) be consistent with decisions contained in the land use
plan in effect for the Federal land;
(ii) affect only areas--

(I) with low wildlife, recreation, livestock, and other
multiple-use resource values; and
(II) where impacts to those values arising from the
variance can be resolved;

[[Page S2813]]

(iii) optimize the use of existing infrastructure and avoid
duplication of infrastructure and disruption of public land;
(iv) minimize adverse impacts on fish and wildlife habitats
and migration and movement corridors in nearby areas;
(v) cause no significant effects on species listed as
endangered species or threatened species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or the habitats
of those species;
(vi) cause no cumulative impacts on air or water resources
of concern that cannot be avoided or minimized;
(vii) cause no adverse impacts on--

(I) units of the National Park System;
(II) units of the National Wildlife Refuge System;
(III) areas of critical environmental concern;
(IV) components of the National Wilderness Preservation
System; or
(V) other special status areas, including State and local
parks and wildlife and recreation areas; and

(viii) allow the Federal land to be developed in the public
interest.
(B) Opportunity for public participation.--
(i) In general.--On receipt of an application for a
variance under subparagraph (A), the Secretary shall--

(I) promptly notify the public that the application has
been received; and
(II) provide the public with an opportunity to review and
comment on the application, including any supporting
documents, for a period of not less than 60 days.

(ii) Response.--The Secretary shall consider and respond in
writing to any public comments received under clause (i)(II)
before making a determination under subparagraph (C)(i).
(C) Granting of variance.--The Secretary may grant a
variance for Federal land described in paragraph (1) pursuant
to an application submitted under subparagraph (A), and offer
that Federal land for lease, if--
(i) the Secretary publishes in the Federal Register a
determination that--

(I) the applicant met the burden of establishing and
documenting that the variance would meet the requirements
described in subparagraph (A);
(II) offering the Federal land for lease--

(aa) would not preclude the use of the Federal land for
other uses, including grazing, fish and wildlife, and
recreation uses; and
(bb) would be managed in accordance 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

(III) the variance is in the public interest; and

(ii) the Federal land--

(I) is adjacent to land currently producing oil or gas in
commercial quantities on the date on which the variance is
granted; and
(II) does not exceed 640 acres.

(D) Requirement.--A lease issued under subparagraph (C)
shall be consistent with the applicable land use plan and all
other applicable law.
(E) Limitation.--The Secretary shall not grant more than 1
variance under this paragraph per 5-year period to an
applicant or to an entity under common ownership or control
with the applicant.
(f) Effect.--
(1) Multiple use considerations.--Nothing in this section,
including a determination under a reasonably foreseeable
development scenario issued pursuant to this section that
Federal land has high or moderate potential for development
of oil and gas resources, alters--
(A) 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 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;
(B) 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
(C) any other applicable requirements of law.
(2) NEPA.--Nothing in this section 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.
______