About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (March 10, 2021)

handle is hein.crs/govecoj0001 and id is 1 raw text is: 






®I    nring the  eiltv  deat  inc 11


S


                                                                                                   March  10, 2021

Potential State Impacts of a Pause on Federal Onshore Oil and

Natural Gas Leases


On January 27, 2021, President Biden signed Executive
Order (E.O.) 14008, Tackling the Climate Crisis at Home
and Abroad. Among   other actions, this E.O. instructs the
Secretary of the Interior (SOI) to pause new oil and natural
gas leases on public lands or in offshore waters pending
completion of a comprehensive review and reconsideration
of Federal oil and gas permitting and leasing practices.
This E.O. was preceded by Secretarial Order (S.O.) 3395,
issued by the Department of the Interior on January 20,
2021. The S.O. suspends certain delegated authorities to
bureaus and offices for 60 days, including the authority to
issue an authorization, including a lease, amendment to a
lease, affirmative extension of a lease, contract, or other
agreement, or permit to drill; the authority to authorize
such actions is retained in a number of indicated positions.

The federal onshore mineral estate is approximately 710
million acres; much of this is open to mineral development,
pursuant to various laws and authorities. Development of
these resources contributes to total U.S. energy production:
in 2019, approximately 6.1% of crude oil and 9.6% of
natural gas production (percent of total U.S. production)
came from onshore federal lands.

The SOI is authorized by the Federal Land Policy and
Management   Act (FLPMA),  codified at 43 U.S.C. §§1701
et seq., to identify suitable uses of public lands, including if
lands are suitable for mineral development. The Mineral
Leasing Act of 1920 (MLA), codified at 30 U.S.C. §§181 et
seq., requires onshore oil and natural gas lease sales to
occur quarterly if suitable parcels are available.

Various interested parties have raised questions regarding
the impacts of the EO's leasing pause, including questions
of the severity of impacts on oil and natural gas production
and state revenues from federal leases. Reviewing
information related to federal onshore leases may assist in
the discussion of the potential impacts of the leasing pause.

Potential Imp acts of the Leasing Pause
on  Oil  and   Natura Gas Production
The leasing pause could affect a number of states with
varied intensity. In 2019, 24 states produced some oil from
federal onshore leases and 27 states produced some natural
gas from federal onshore leases. Although bringing any
lease (federal or nonfederal) into production depends on
many  factors unrelated to the leasing pause, this discussion
focuses on how a temporal gap in new leases could affect
production over time.

Some  data suggest that the potential impacts of the pause on
new leasing would not occur for years, as the completion of
new wells on existing leases could continue to bring new


production to market. The Bureau of Land Management
(BLM)  indicates that over 14,000 leases are not in
producing status: out of 38,294 oil and gas leases, 24,127
were in producing status in FY2019. Bringing a federal
lease into production can take years, and full production
from each lease typically requires multiple wells. BLM
indicates that 1,260 wells were completed in FY2019.

Some  might assert that the non-producing leases represent
resources that are not presently economical to develop, and
that new federal leases (in areas with expected favorable
economics) are necessary to avoid declines in production.
Typical oil and natural gas wells under existing leases are
drilled into shale formations and are completed using
hydraulic fracturing. Such wells experience high initial
levels of production, which decline rapidly over the first
few years. If no new leases are signed and if relatively
fewer new wells are completed on existing leases,
production declines could result from the geophysical
characteristics of hydraulically fractured wells.

Variation in Production for Selected
States
Reviewing  production contributions from some states with
federal leases can inform an understanding of potential
impacts to these and other states. In the two figures below,
the five states shown for each commodity were the top
producers of that commodity from federal leases in 2019
and the nine previous years.

Figure 1 and Figure 2 depict the top producing states'
production from federal leases as a percent of that state's
total production for oil and natural gas, from 2010 to 2019.
The data generally indicate slow moving trends that are
somewhat  flat to negative; the ranking among these states
changes little over the 10 years shown in both figures.

Figure  I. State's Oil Production from Federal Leases
as a Percent of State's Total Oil Production

    7
        --
    40
    30
    20

       fuI  21   01   20W 2014 ?     ¢1% 201 QI 2O 2019
Source: CRS calculations using data from the Office of Natural
Resources Revenue (ONRR) and the Energy Information
Administration (EIA).


ittps://Crsreports.congress.gt

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most