Overview

Title

To amend the Outer Continental Shelf Lands Act and the Mineral Leasing Act to require reports on rejected bids, to clarify timelines for the issuance of leases, and for other purposes.

ELI5 AI

The bill wants to make sure that when the government says "no" to people wanting to drill for oil in certain places, they have to explain why, to be fair and clear. It also wants to make it easier and quicker for companies to get special permissions to drill for oil and gas, even if some people think it's not following the rules exactly right.

Summary AI

H. R. 9696 is a proposed bill titled the “Federal Lands and Waters Leasing Transparency Act,” which aims to amend the Outer Continental Shelf Lands Act and the Mineral Leasing Act. The bill mandates reports on why certain bids for offshore oil and gas lease tracts are rejected, ensuring transparency regarding the determination of fair market value. It also seeks to prevent court orders from delaying the issuance of onshore oil and gas leases and limits the impact of civil lawsuits on offshore lease sales, ensuring that these processes are not stalled by legal challenges. The bill emphasizes accountability and aims to streamline the lease issuance process for energy development on federal lands and waters.

Published

2024-09-19
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-09-19
Package ID: BILLS-118hr9696ih

Bill Statistics

Size

Sections:
4
Words:
888
Pages:
5
Sentences:
21

Language

Nouns: 292
Verbs: 68
Adjectives: 48
Adverbs: 4
Numbers: 26
Entities: 44

Complexity

Average Token Length:
4.23
Average Sentence Length:
42.29
Token Entropy:
4.92
Readability (ARI):
23.24

AnalysisAI

Summary of the Bill

This proposed legislation, known as the "Federal Lands and Waters Leasing Transparency Act," aims to modify existing processes related to oil and gas leasing on federal lands and waters. It introduces new reporting requirements, clarifies timelines for issuing leases, and addresses the judicial process related to lease challenges. Specifically, the bill amends the Outer Continental Shelf Lands Act and the Mineral Leasing Act to enhance transparency and efficiency in lease bidding and issuance.

Significant Issues

One notable issue with the bill is the restriction of judicial review, particularly in Section 4, which limits the ability of courts to invalidate or delay leases even if found noncompliant with federal law. This could raise concerns about insufficient oversight of environmental and regulatory standards. Section 3 presents another issue by potentially circumventing environmental or legal checks in the leasing process for onshore oil and gas, allowing leases to be issued more quickly unless a direct violation of federal law is evident.

Further, the bill's approach to preventing delays in offshore lease sales by mandating continued processing of applications, despite potential noncompliance, could prioritize rapid industrial activity over thorough legal and environmental review. The absence of specific timelines and undefined economic terms in the fair market value report requirement in Section 2 may lead to procedural delays and lack of transparency in how bids are evaluated against fair market benchmarks.

Broad Public Impact

The bill aims to streamline the leasing process, which could lead to increased economic activity and potentially more efficient energy production. However, by limiting judicial intervention, the bill risks undermining environmental protections and community interests. If lease sales do not align with environmental and legal standards, broader public concerns about environmental degradation could arise, potentially affecting ecosystems and local populations reliant on natural resources.

Impact on Specific Stakeholders

Oil and Gas Companies: The bill could positively impact oil and gas companies by facilitating quicker access to leases and reducing potential legal hurdles and delays. This might lead to increased investment opportunities and expeditious resource development.

Environmental Organizations: On the other hand, environmental organizations may view this bill negatively due to the reduced opportunity for judicial oversight, which traditionally acts as a safeguard against the negative ecological impacts of aggressive resource extraction.

Government Agencies: Agencies like the Department of the Interior might see an increased administrative burden in navigating the new reporting requirements and expedited timelines while dealing with compliance issues in real-time.

Local Communities: Communities close to leasing areas may have mixed reactions. Some may benefit economically from increased industry presence and job opportunities, while others may be concerned about environmental risks and the lack of public participation in addressing noncompliance.

Overall, the legislation's emphasis on speed and efficiency in leasing could drive economic growth but potentially at the risk of compromising environmental stewardship and public input in federal land and water management.

Issues

  • Section 4: This section significantly limits judicial review by not allowing courts to invalidate or enjoin offshore lease sales and issued leases, even if noncompliance with federal law is found. This reduction in judicial oversight could prevent the enforcement of compliance with federal regulations, raising concerns about unchecked executive actions and potential disregard for environmental and legal standards.

  • Section 3: The amendment could potentially circumvent existing environmental or legal protections as it allows the issuance of onshore oil and gas leases without court intervention, barring proof of a direct violation of Federal law. This may expedite leasing but at the expense of thorough environmental review or public opposition, and could undermine judicial checks and balances on the executive branch.

  • Section 4: The requirement for the Secretary of the Interior to continue processing lease-related applications despite potential noncompliance may prioritize rapid industrial activity over environmental and legal assessments, potentially leading to negative environmental impacts.

  • Section 3: The language "a requirement of Federal law" can be seen as ambiguous, leaving room for interpretation about what constitutes a requirement, potentially leading to legal disputes and prioritizing expedited leasing for oil and gas companies over public interest or environmental considerations.

  • Section 2: The lack of definitions for economic terms such as 'Mean Range of Values' and 'Revised Arithmetic Average Measure' can lead to misunderstandings or misinterpretations in the report on the fair market value of offshore oil and gas lease bids, leading to inconsistencies and a lack of transparency in the bidding process.

  • Section 2: The absence of a specified timeline within which the Secretary should provide the report on the fair market value of offshore oil and gas lease bids could lead to procedural delays and affect the transparency and efficiency of the leasing process.

  • Section 4: The provision does not address public participation or transparency in correcting noncompliance issues, which may concern stakeholders seeking accountability and influence in resolving environmental and legal compliance issues.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The section provides the short title for the act, which is called the "Federal Lands and Waters Leasing Transparency Act".

2. Report on the determination of the fair market value of offshore oil and gas lease bids Read Opens in new tab

Summary AI

The section adds a requirement for the Secretary to provide a report to bidders if a bid for offshore oil and gas leases is determined not to meet the fair market value. This report must explain the reasons for the decision and, if applicable, show how the bid compares to various value measures for the specific lease area.

3. Effect of court orders on deadline to issue onshore oil and gas leases Read Opens in new tab

Summary AI

The section amends the Mineral Leasing Act to state that a court order cannot stop the Secretary from issuing an onshore oil and gas lease within a 60-day deadline, unless the court determines that issuing the lease would violate federal law.

4. Civil actions challenging offshore lease sales Read Opens in new tab

Summary AI

A bill section proposes that lawsuits challenging offshore oil and gas lease sales cannot invalidate these leases or delay any related exploration or development plans. If a court finds a sale did not comply with federal law, it cannot cancel the sale but must ask the Secretary of the Interior to fix the issue while continuing to process plans and applications.