Sec. 7. Land having no or low development potential under a reasonably foreseeable development scenario
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/bill/117/s/607/is/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsections
(b)and (c), 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. The Secretary may offer for lease any Federal land described in subsection
(a)if— the Federal land is adjacent to land currently producing oil or gas; and the lease is issued for the purpose of preventing drainage from the adjacent land; or the Federal land— does not exceed 640 acres; and 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. A lease issued under paragraph
(1)shall be consistent with the applicable land use plan and all other applicable law. An entity seeking to lease Federal land described in subsection
(a)for purposes other than the purpose described in subsection (b)(1)(A)(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— be consistent with decisions contained in the land use plan in effect for the Federal land; affect only areas— with low wildlife, recreation, livestock, and other multiple-use resource values; and where impacts to those values arising from the variance can be resolved; optimize the use of existing infrastructure and avoid duplication of infrastructure and disruption of public land; minimize adverse impacts on fish and wildlife habitats and migration and movement corridors in nearby areas; 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; cause no cumulative impacts on air or water resources of concern that cannot be avoided or minimized; cause no adverse impacts on— units of the National Park System; units of the National Wildlife Refuge System; areas of critical environmental concern; components of the National Wilderness Preservation System; or other special status areas, including State and local parks and wildlife and recreation areas; and allow the Federal land to be developed in the public interest. On receipt of an application for a variance under paragraph (1), the Secretary shall— promptly notify the public that the application has been received; and 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. The Secretary shall consider and respond in writing to any public comments received under subparagraph (A)(ii) before making a determination under paragraph (3)(A). 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— the Secretary publishes in the Federal Register a determination that— the applicant met the burden of establishing and documenting that the variance would meet the requirements described in paragraph (1); offering the Federal land for lease— would not preclude the use of the Federal land for other uses, including grazing, fish and wildlife, and recreation uses; and 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 the variance is in the public interest; and the Federal land— is adjacent to land currently producing oil or gas in commercial quantities on the date on which the variance is granted; and does not exceed 640 acres. A lease issued under paragraph
(3)shall be consistent with the applicable land use plan and all other applicable law. 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 applicant.
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Sec. 7
Land having no or low development potential under a reasonably foreseeable development scenario
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