PEOPLE Act of 2021

II 117TH CONGRESS 1ST SESSION S. 2170 To amend the Mineral Leasing Act to provide for transparency and landowner protections in the conduct of lease sales under that Act, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 22, 2021 Mr. BENNET introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Mineral Leasing Act to provide for trans- parency and landowner protections in the conduct of lease sales under that Act, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Public Engagement 4 Opportunity on Public Land Exploration Act of 2021’’ or 5 the ‘‘PEOPLE Act of 2021’’. 6 SEC. 2. TRANSPARENCY AND LANDOWNER PROTECTIONS. 7 (a) REQUIREMENTS FOR INCLUSION OF LAND IDEN- 8 TIFIED IN EXPRESSIONS OF INTEREST IN LEASE 9 VerDate Sep 11 2014 01:02 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2170.IS S2170 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 2170 IS SALES.—Section 17(b) of the Mineral Leasing Act (30 1 U.S.C. 226(b)) is amended by adding at the end the fol- 2 lowing: 3 ‘‘(4) REQUIREMENTS FOR INCLUSION OF LAND 4 IDENTIFIED IN EXPRESSIONS OF INTEREST IN 5 LEASE SALES.— 6 ‘‘(A) IN GENERAL.—A member of the pub- 7 lic may submit to the Secretary an expression 8 of interest that identifies land for consideration 9 for inclusion by the Secretary in a lease sale 10 under this section. 11 ‘‘(B) INCLUSION OF LAND IN LEASE 12 SALE.—Subject to the requirements of this sec- 13 tion, the Secretary may include in a lease sale 14 under this section the land identified under an 15 expression of interest received by the Secretary. 16 ‘‘(C) NOTIFICATION.—On receipt of an ex- 17 pression of interest, the Secretary shall notify 18 by certified mail, electronic mail, and electronic 19 posting on the website of the relevant leasing or 20 land management agency— 21 ‘‘(i) any owners of surface rights on 22 land identified under the expression of in- 23 terest; 24 VerDate Sep 11 2014 01:02 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2170.IS S2170 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 2170 IS ‘‘(ii) any holders of recreational or 1 special use permits on the land; 2 ‘‘(iii) any holders of grazing rights on 3 the land; 4 ‘‘(iv) any owner of a water right the 5 water of which originates on or flows over 6 the land; 7 ‘‘(v) any owner of a water conveyance 8 structure, such as a ditch, on the land; and 9 ‘‘(vi) the local government with juris- 10 diction over the area in which the land is 11 located. 12 ‘‘(D) TRANSPARENCY.— 13 ‘‘(i) IN GENERAL.—The Secretary 14 shall require that each bid for a lease de- 15 scribed in subparagraph (B) include— 16 ‘‘(I) the name of the person or 17 entity submitting the bid, including 18 the name of all subsidiaries, affiliates, 19 and entities controlled by, or under 20 common control with, the person or 21 entity; 22 ‘‘(II) if an agent is submitting 23 the bid on behalf of a person or enti- 24 ty, the name of the person or entity 25 VerDate Sep 11 2014 01:02 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2170.IS S2170 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 2170 IS on behalf of which the agent is acting, 1 including all subsidiaries, affiliates, 2 and entities controlled by, or under 3 common control with, the person or 4 entity; and 5 ‘‘(III) if the person or entity sub- 6 mitting the bid is the person or entity 7 that submitted the applicable expres- 8 sion of interest, or if an agent is sub- 9 mitting the bid on behalf of the per- 10 son or entity that submitted the appli- 11 cable expression of interest, a disclo- 12 sure of that fact. 13 ‘‘(ii) PUBLICATION.—The Secretary 14 shall publish on the website of the relevant 15 leasing or land management agency each 16 name disclosed in a bid under clause (i).’’. 17 (b) NOTICE REQUIREMENTS.—Section 17(f) of the 18 Mineral Leasing Act (30 U.S.C. 226(f)) is amended— 19 (1) in the sixth sentence, by striking ‘‘The re- 20 quirements’’ and inserting the following: 21 ‘‘(6) APPLICABILITY OF OTHER NOTICE RE- 22 QUIREMENTS.—The requirements’’; 23 (2) in the fifth sentence, by striking ‘‘Such 24 maps’’ and inserting the following: 25 VerDate Sep 11 2014 01:02 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2170.IS S2170 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 2170 IS ‘‘(C) LOCATION.—A map included in a no- 1 tice under paragraph (1)’’; 2 (3) in the fourth sentence, by striking ‘‘Where 3 the inclusion of maps in such notice’’ and inserting 4 the following: 5 ‘‘(B) AVAILABILITY.—If the inclusion of 6 maps in a notice under paragraph (1)’’; 7 (4) in the third sentence, by striking ‘‘Such no- 8 tice’’ and inserting the following: 9 ‘‘(2) REQUIRED INCLUSIONS.— 10 ‘‘(A) IN GENERAL.—A notice required 11 under paragraph (1)’’; 12 (5) by striking ‘‘(f) At least’’ and all that fol- 13 lows through ‘‘land management agencies.’’ and in- 14 serting the following: 15 ‘‘(f) NOTICE REQUIREMENTS.— 16 ‘‘(1) IN GENERAL.—Not later than 90 days be- 17 fore offering land for lease under this section, and 18 not later than 30 days before approving an applica- 19 tion for permit to drill under the provisions of a 20 lease issued under this section, modifying the terms 21 of any lease issued under this section, or granting a 22 waiver, exception, or modification of any stipulation 23 of a lease issued under this section, the Secretary 24 shall— 25 VerDate Sep 11 2014 01:02 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2170.IS S2170 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 2170 IS ‘‘(A) post notice in the appropriate local 1 offices, and on the electronic websites, of the 2 leasing and land management agencies offering 3 the land for lease; 4 ‘‘(B) notify by certified mail and electronic 5 mail any— 6 ‘‘(i) owners of surface rights on the 7 land covered by the lease; 8 ‘‘(ii) holders of special recreation per- 9 mits for commercial use, competitive 10 events, or other organized activities on the 11 land covered by the lease; 12 ‘‘(iii) holders of grazing rights on the 13 land covered by the lease; 14 ‘‘(iv) owner of a water right the water 15 of which originates on or flows over the 16 land; 17 ‘‘(v) owner of a water conveyance 18 structure, such as a ditch, on the land; and 19 ‘‘(vi) as applicable, members of the 20 public who have submitted to the Secretary 21 a request to receive notice regarding pro- 22 posed actions of the Secretary applicable 23 to— 24 ‘‘(I) a geographic area; or 25 VerDate Sep 11 2014 01:02 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2170.IS S2170 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 2170 IS ‘‘(II) a resource.’’; and 1 (6) by inserting after paragraph (2) (as so des- 2 ignated) the following: 3 ‘‘(3) ADDITIONAL REQUIREMENTS.— 4 ‘‘(A) IN GENERAL.—Before determining 5 the parcels to be included in a lease sale under 6 this section, the Secretary shall provide a 7 scoping period of not less than 30 days during 8 which the Secretary shall provide public notice 9 and an opportunity for comment regarding all 10 parcels that may be included in the lease sale. 11 ‘‘(B) ENVIRONMENTAL ANALYSIS.— 12 ‘‘(i) PUBLIC NOTICE AND COM- 13 MENT.—Before conducting a lease sale 14 under this section, the Secretary, in com- 15 plying with the National Environmental 16 Policy Act of 1969 (42 U.S.C. 4321 et 17 seq.), shall ensure that the public has the 18 period of time required under that Act to 19 comment on any environmental analysis 20 carried out with respect to the lease sale. 21 ‘‘(ii) REQUIREMENT.—The period for 22 public comment under clause (i) shall be 23 not less than 30 days. 24 VerDate Sep 11 2014 01:02 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2170.IS S2170 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 2170 IS ‘‘(C) REQUIREMENT TO CONDUCT NEPA 1 ANALYSIS.— 2 ‘‘(i) IN GENERAL.—Before conducting 3 a lease sale under this section, the Sec- 4 retary shall conduct an analysis under the 5 National Environmental Policy Act of 6 1969 (42 U.S.C. 4321 et seq.) unless the 7 Secretary determines that— 8 ‘‘(I) the proposed action is ade- 9 quately covered by relevant existing 10 analyses under that Act, such as an 11 environmental impact statement or 12 environmental assessment (including 13 supporting data and records); 14 ‘‘(II) the proposed action is in 15 conformance with the relevant land 16 use plan; and 17 ‘‘(III) there are no new cir- 18 cumstances, new information, or un- 19 anticipated or unanalyzed environ- 20 mental impacts that warrant new or 21 supplemental analysis. 22 ‘‘(ii) PUBLIC NOTICE AND COM- 23 MENT.—Before making a determination 24 under clause (i) that an analysis under the 25 VerDate Sep 11 2014 01:02 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2170.IS S2170 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 2170 IS National Environmental Policy Act of 1 1969 (42 U.S.C. 4321 et seq.) is not re- 2 quired with respect to a lease sale under 3 this section, the Secretary shall provide a 4 period of public comment for that deter- 5 mination of not less than 30 days. 6 ‘‘(D) NEPA ANALYSIS REQUIREMENTS.— 7 ‘‘(i) IN GENERAL.—Any analysis pre- 8 pared pursuant to the National Environ- 9 mental Policy Act of 1969 (42 U.S.C. 10 4321 et seq.) for a lease sale under this 11 section shall address all parcels being con- 12 sidered for sale. 13 ‘‘(ii) RESTRICTION.—No parcel may 14 be included in a lease sale under this sec- 15 tion— 16 ‘‘(I) without compliance with— 17 ‘‘(aa) the public notice and 18 comment requirements of this 19 subsection; and 20 ‘‘(bb) the National Environ- 21 mental Policy Act of 1969 (42 22 U.S.C. 4321 et seq.); and 23 ‘‘(II) unless the parcel is specifi- 24 cally identified and considered in the 25 VerDate Sep 11 2014 01:02 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2170.IS S2170 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 2170 IS analysis for that specific lease sale 1 carried out in compliance with the 2 National Environmental Policy Act of 3 1969 (42 U.S.C. 4321 et seq.). 4 ‘‘(E) SURFACE MANAGEMENT BY ANOTHER 5 FEDERAL AGENCY.—With respect to a parcel 6 the surface of which is managed by another 7 Federal agency, the parcel may not be included 8 in a lease sale under this section without the 9 consent of that Federal agency for that specific 10 lease sale. 11 ‘‘(F) PROTESTS.— 12 ‘‘(i) IN GENERAL.—Any party may 13 file a protest regarding the inclusion of a 14 parcel in a lease sale under this section. 15 ‘‘(ii) DEADLINE; METHOD OF FIL- 16 ING.—A protest under clause (i)— 17 ‘‘(I) shall be filed by the date 18 that is not later than 45 days after 19 the date on which the Secretary gives 20 notice of the lease sale under para- 21 graph (1); and 22 ‘‘(II) may be filed by electronic 23 mail. 24 VerDate Sep 11 2014 01:02 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2170.IS S2170 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 2170 IS ‘‘(4) LOCAL GOVERNMENTS.—Before taking 1 any action for which notice or opportunity for com- 2 ment is required under this subsection, the Secretary 3 shall provide to local governments with jurisdiction 4 over the area in which land covered by a proposed 5 action is located notice and an opportunity for com- 6 ment that meets or exceeds the requirements for no- 7 tice and opportunity for comment under this sub- 8 section. 9 ‘‘(5) INDIAN TRIBES.— 10 ‘‘(A) DEFINITIONS.—In this paragraph: 11 ‘‘(i) CULTURAL SITE.—The term ‘cul- 12 tural site’ means— 13 ‘‘(I) a sacred site; 14 ‘‘(II) a historic property (as de- 15 fined in section 800.16 of title 36, 16 Code of Federal Regulations (as in ef- 17 fect on the date of enactment of the 18 PEOPLE Act of 2021)); and 19 ‘‘(III) a landform or landscape 20 that— 21 ‘‘(aa) is the site of impor- 22 tant customs, practices, objects, 23 places, or ceremonies of Indian 24 Tribes; 25 VerDate Sep 11 2014 01:02 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2170.IS S2170 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 2170 IS ‘‘(bb) is important to an In- 1 dian Tribe for the undertaking of 2 religious, cultural, spiritual, or 3 traditional practices; 4 ‘‘(cc) is connected through 5 features or ceremonies to other 6 sites or a larger sacred land- 7 scape; or 8 ‘‘(dd) contains important 9 traditional food or material gath- 10 ering areas. 11 ‘‘(ii) FORMER RESERVATION.—The 12 term ‘former reservation’ means land that 13 is within the exterior boundaries of any 14 previous reservation that was established 15 by treaty, Executive order, or Secretarial 16 order for an Indian Tribe. 17 ‘‘(iii) INDIAN TRIBE.—The term ‘In- 18 dian Tribe’ means an Indian tribe included 19 on the list published by the Secretary 20 under section 104 of the Federally Recog- 21 nized Indian Tribe List Act of 1994 (25 22 U.S.C. 5131). 23 ‘‘(iv) INTERESTED INDIAN TRIBE.— 24 The term ‘interested Indian Tribe’, with 25 VerDate Sep 11 2014 01:02 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2170.IS S2170 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 2170 IS respect to land under consideration for in- 1 clusion by the Secretary in a lease sale 2 under this section, means an Indian Tribe 3 with— 4 ‘‘(I) historic, prehistoric, cultural, 5 or religious connection to a cultural 6 site located on the land; 7 ‘‘(II) a former reservation located 8 on the land; or 9 ‘‘(III) treaty rights or other re- 10 served rights that can be exercised on 11 the land. 12 ‘‘(v) SACRED SITE.—The term ‘sacred 13 site’ means a specific, discrete, narrowly 14 delineated site on land subject to leasing 15 under this section that is identified by an 16 Indian Tribe as sacred by virtue of the es- 17 tablished religious significance of the site 18 to, or ceremonial use of the site by, an In- 19 dian Tribe. 20 ‘‘(B) NOTICE AND OPPORTUNITY FOR COM- 21 MENT; FORMAL CONSULTATION.—Before taking 22 any action for which notice or opportunity for 23 comment is required under this subsection, the 24 Secretary shall— 25 VerDate Sep 11 2014 01:02 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2170.IS S2170 pbinns on DSKJLVW7X2PROD with BILLS 14 •S 2170 IS ‘‘(i) provide any interested Indian 1 Tribe notice and an opportunity for com- 2 ment that meets or exceeds the require- 3 ments for notice and opportunity for com- 4 ment under this subsection; and 5 ‘‘(ii) at the request of any interested 6 Indian Tribe, initiate formal consultation 7 with the i [Text truncated for display. 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