Sec. 80104. Permitting fee for non-Federal land
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/bill/119/hr/1/eh/section-80104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ), but subject to any applicable State requirements, the Secretary of the Interior shall not require 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 the leaseholder pays a fee of $5,000 and— the Federal Government— owns less than 50 percent of the minerals within the oil and gas drilling or spacing unit; and does not own or lease the surface estate within the area directly impacted by the action; or the well is located on non-Federal land overlying a non-Federal mineral estate, but some portion of the wellbore traverses but does not produce from the Federal mineral estate subject to the lease.
For each State permit to drill or drilling plan that would impact or extract oil and gas owned by the Federal Government— each lessee of Federal minerals in the unit, or designee of a lessee, shall— 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; 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 pay to the Secretary of the Interior the $5,000 fee referenced in subsection
(a)of this section; 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; and each lessee or designee of a lessee shall provide, prior to commencing drilling operations, agreements authorizing the Secretary of the Interior to enter non-Federal land, as necessary, for inspection and enforcement of the terms of the Federal lease. Nothing in this section affects 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. Fees received under this section shall be deposited into the Treasury as miscellaneous receipts. Section 17(g) of the Mineral Leasing Act ( 30 U.S.C. 226(g) ) is amended— by striking the subsection designation and all that follows through Secretary of the Interior, or in the first sentence and inserting the following: The Secretary of the Interior, or ; and by adding at the end the following: In the case of an oil and gas lease under this Act on land described in subparagraph
(B)located within an oil and gas drilling or spacing unit, nothing in this Act authorizes the Secretary of the Interior to— require a bond to protect non-Federal land; enter non-Federal land without the consent of the applicable landowner; impose mitigation requirements; or require approval for surface reclamation. Land referred to in subparagraph
(A)is land where— the Federal Government— owns less than 50 percent of the minerals within the oil and gas drilling or spacing unit; and does not own or lease the surface estate within the area directly impacted by the action; the well is located on non-Federal land overlying a non-Federal mineral estate, but some portion of the wellbore enters and produces from the Federal mineral estate subject to the lease; or the well is located on non-Federal land overlying a non-Federal mineral estate, but some portion of the wellbore traverses but does not produce from the Federal mineral estate subject to the lease. An oil and gas exploration or production activity carried out under a lease described in subparagraph (A)— shall require no Federal action; and may commence 30 days after the leaseholder submits the State permit to the Secretary. .
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Sec. 80104
Permitting fee for non-Federal land
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