Implementing an America-First Offshore Energy Strategy, 20815-20818 [2017-09087]
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20815
Presidential Documents
Federal Register
Vol. 82, No. 84
Wednesday, May 3, 2017
Executive Order 13795 of April 28, 2017
Implementing an America-First Offshore Energy Strategy
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Outer Continental Shelf
Lands Act, 43 U.S.C. 1331 et seq., and in order to maintain global leadership
in energy innovation, exploration, and production, it is hereby ordered as
follows:
Section 1. Findings. America must put the energy needs of American families
and businesses first and continue implementing a plan that ensures energy
security and economic vitality for decades to come. The energy and minerals
produced from lands and waters under Federal management are important
to a vibrant economy and to our national security. Increased domestic energy
production on Federal lands and waters strengthens the Nation’s security
and reduces reliance on imported energy. Moreover, low energy prices,
driven by an increased American energy supply, will benefit American
families and help reinvigorate American manufacturing and job growth.
Finally, because the Department of Defense is one of the largest consumers
of energy in the United States, domestic energy production also improves
our Nation’s military readiness.
Sec. 2. Policy. It shall be the policy of the United States to encourage
energy exploration and production, including on the Outer Continental Shelf,
in order to maintain the Nation’s position as a global energy leader and
foster energy security and resilience for the benefit of the American people,
while ensuring that any such activity is safe and environmentally responsible.
Sec. 3. Implementing an America-First Offshore Energy Strategy. To carry
out the policy set forth in section 2 of this order, the Secretary of the
Interior shall:
(a) as appropriate and consistent with applicable law, including the procedures set forth in section 1344 of title 43, United States Code, in consultation
with the Secretary of Defense, give full consideration to revising the schedule
of proposed oil and gas lease sales, as described in that section, so that
it includes, but is not limited to, annual lease sales, to the maximum
extent permitted by law, in each of the following Outer Continental Shelf
Planning Areas, as designated by the Bureau of Ocean Energy Management
(BOEM) (Planning Areas): Western Gulf of Mexico, Central Gulf of Mexico,
Chukchi Sea, Beaufort Sea, Cook Inlet, Mid-Atlantic, and South Atlantic;
asabaliauskas on DSK3SPTVN1PROD with E0
(b) ensure that any revisions made pursuant to subsection (a) of this
section do not hinder or affect ongoing lease sales currently scheduled
as part of the 2017–2022 Outer Continental Shelf Oil and Gas Leasing
Proposed Final Program, as published on November 18, 2016; and
(c) develop and implement, in coordination with the Secretary of Commerce and to the maximum extent permitted by law, a streamlined permitting
approach for privately funded seismic data research and collection aimed
at expeditiously determining the offshore energy resource potential of the
United States within the Planning Areas.
Sec. 4. Responsible Planning for Future Offshore Energy Potential. (a) The
Secretary of Commerce shall, unless expressly required otherwise, refrain
from designating or expanding any National Marine Sanctuary under the
National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq., unless the sanctuary
designation or expansion proposal includes a timely, full accounting from
the Department of the Interior of any energy or mineral resource potential
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within the designated area—including offshore energy from wind, oil, natural
gas, methane hydrates, and any other sources that the Secretary of Commerce
deems appropriate—and the potential impact the proposed designation or
expansion will have on the development of those resources. The Secretary
of the Interior shall provide any such accounting within 60 days of receiving
a notification of intent to propose any such National Marine Sanctuary
designation or expansion from the Secretary of Commerce.
(b) The Secretary of Commerce, in consultation with the Secretary of
Defense, the Secretary of the Interior, and the Secretary of Homeland Security,
shall conduct a review of all designations and expansions of National Marine
Sanctuaries, and of all designations and expansions of Marine National
Monuments under the Antiquities Act of 1906, recently recodified at sections
320301 to 320303 of title 54, United States Code, designated or expanded
within the 10-year period prior to the date of this order.
(i) The review under this subsection shall include:
(A) an analysis of the acreage affected and an analysis of the budgetary
impacts of the costs of managing each National Marine Sanctuary or
Marine National Monument designation or expansion;
(B) an analysis of the adequacy of any required Federal, State, and
tribal consultations conducted before the designations or expansions; and
(C) the opportunity costs associated with potential energy and mineral
exploration and production from the Outer Continental Shelf, in addition
to any impacts on production in the adjacent region.
asabaliauskas on DSK3SPTVN1PROD with E0
(ii) Within 180 days of the date of this order, the Secretary of Commerce,
in consultation with the Secretary of Defense and the Secretary of the
Interior, shall report the results of the review under this subsection to
the Director of the Office of Management and Budget, the Chairman of
the Council on Environmental Quality, and the Assistant to the President
for Economic Policy.
(c) To further streamline existing regulatory authorities, Executive Order
13754 of December 9, 2016 (Northern Bering Sea Climate Resilience), is
hereby revoked.
Sec. 5. Modification of the Withdrawal of Areas of the Outer Continental
Shelf from Leasing Disposition. The body text in each of the memoranda
of withdrawal from disposition by leasing of the United States Outer Continental Shelf issued on December 20, 2016, January 27, 2015, and July
14, 2008, is modified to read, in its entirety, as follows:
‘‘Under the authority vested in me as President of the United States,
including section 12(a) of the Outer Continental Shelf Lands Act, 43 U.S.C.
1341(a), I hereby withdraw from disposition by leasing, for a time period
without specific expiration, those areas of the Outer Continental Shelf designated as of July 14, 2008, as Marine Sanctuaries under the Marine Protection, Research, and Sanctuaries Act of 1972, 16 U.S.C. 1431–1434, 33 U.S.C.
1401 et seq.’’
Nothing in the withdrawal under this section affects any rights under
existing leases in the affected areas.
Sec. 6. Reconsideration of Notice to Lessees and Financial Assurance Regulatory Review. The Secretary of the Interior shall direct the Director of
BOEM to take all necessary steps consistent with law to review BOEM’s
Notice to Lessees No. 2016–N01 of September 12, 2016 (Notice to Lessees
and Operators of Federal Oil and Gas, and Sulfur Leases, and Holders
of Pipeline Right-of-Way and Right-of-Use and Easement Grants in the Outer
Continental Shelf), and determine whether modifications are necessary, and
if so, to what extent, to ensure operator compliance with lease terms while
minimizing unnecessary regulatory burdens. The Secretary of the Interior
shall also review BOEM’s financial assurance regulatory policy to determine
the extent to which additional regulation is necessary.
Sec. 7. Reconsideration of Well Control Rule. The Secretary of the Interior
shall review the Final Rule of the Bureau of Safety and Environmental
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Enforcement (BSEE) entitled ‘‘Oil and Gas and Sulfur Operations in the
Outer Continental Shelf-Blowout Preventer Systems and Well Control,’’ 81
Fed. Reg. 25888 (April 29, 2016), for consistency with the policy set forth
in section 2 of this order, and shall publish for notice and comment a
proposed rule revising that rule, if appropriate and as consistent with law.
The Secretary of the Interior shall also take all appropriate action to lawfully
revise any related rules and guidance for consistency with the policy set
forth in section 2 of this order. Additionally, the Secretary of the Interior
shall review BSEE’s regulatory regime for offshore operators to determine
the extent to which additional regulation is necessary.
Sec. 8. Reconsideration of Proposed Offshore Air Rule. The Secretary of
the Interior shall take all steps necessary to review BOEM’s Proposed Rule
entitled ‘‘Air Quality Control, Reporting, and Compliance,’’ 81 Fed. Reg.
19718 (April 5, 2016), along with any related rules and guidance, and,
if appropriate, shall, as soon as practicable and consistent with law, consider
whether the proposed rule, and any related rules and guidance, should
be revised or withdrawn.
Sec. 9. Expedited Consideration of Incidental Harassment Authorizations,
Incidental-Take, and Seismic Survey Permits. The Secretary of the Interior
and the Secretary of Commerce shall, to the maximum extent permitted
by law, expedite all stages of consideration of Incidental Take Authorization
requests, including Incidental Harassment Authorizations and Letters of Authorization, and Seismic Survey permit applications under the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., and the Marine Mammal
Protection Act, 16 U.S.C. 1361 et seq.
Sec. 10. Review of National Oceanic and Atmospheric Administration
(NOAA) Technical Memorandum NMFS–OPR–55. The Secretary of Commerce
shall review NOAA’s Technical Memorandum NMFS–OPR–55 of July 2016
(Technical Guidance for Assessing the Effects of Anthropogenic Sound on
Marine Mammal Hearing) for consistency with the policy set forth in section
2 of this order and, after consultation with the appropriate Federal agencies,
take all steps permitted by law to rescind or revise that guidance, if appropriate.
Sec. 11. Review of Offshore Arctic Drilling Rule. The Secretary of the Interior
shall immediately take all steps necessary to review the Final Rule entitled
‘‘Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf,’’ 81
Fed. Reg. 46478 (July 15, 2016), and, if appropriate, shall, as soon as practicable and consistent with law, publish for notice and comment a proposed
rule suspending, revising, or rescinding this rule.
Sec. 12. Definition. As used in this order, ‘‘Outer Continental Shelf Planning
Areas, as designated by the Bureau of Ocean Energy Management’’ means
those areas delineated in the diagrams on pages S–5 and S–8 of the 2017–
2022 Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program,
as published by the BOEM in January 2015, with the exception of any
buffer zones included in such planning documents.
asabaliauskas on DSK3SPTVN1PROD with E0
Sec. 13. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
April 28, 2017.
[FR Doc. 2017–09087
Filed 5–2–17; 11:15 am]
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Agencies
[Federal Register Volume 82, Number 84 (Wednesday, May 3, 2017)]
[Presidential Documents]
[Pages 20815-20818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09087]
Presidential Documents
Federal Register / Vol. 82 , No. 84 / Wednesday, May 3, 2017 /
Presidential Documents
___________________________________________________________________
[[Page 20815]]
Executive Order 13795 of April 28, 2017
Implementing an America-First Offshore Energy
Strategy
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Outer Continental Shelf Lands
Act, 43 U.S.C. 1331 et seq., and in order to maintain
global leadership in energy innovation, exploration,
and production, it is hereby ordered as follows:
Section 1. Findings. America must put the energy needs
of American families and businesses first and continue
implementing a plan that ensures energy security and
economic vitality for decades to come. The energy and
minerals produced from lands and waters under Federal
management are important to a vibrant economy and to
our national security. Increased domestic energy
production on Federal lands and waters strengthens the
Nation's security and reduces reliance on imported
energy. Moreover, low energy prices, driven by an
increased American energy supply, will benefit American
families and help reinvigorate American manufacturing
and job growth. Finally, because the Department of
Defense is one of the largest consumers of energy in
the United States, domestic energy production also
improves our Nation's military readiness.
Sec. 2. Policy. It shall be the policy of the United
States to encourage energy exploration and production,
including on the Outer Continental Shelf, in order to
maintain the Nation's position as a global energy
leader and foster energy security and resilience for
the benefit of the American people, while ensuring that
any such activity is safe and environmentally
responsible.
Sec. 3. Implementing an America-First Offshore Energy
Strategy. To carry out the policy set forth in section
2 of this order, the Secretary of the Interior shall:
(a) as appropriate and consistent with applicable
law, including the procedures set forth in section 1344
of title 43, United States Code, in consultation with
the Secretary of Defense, give full consideration to
revising the schedule of proposed oil and gas lease
sales, as described in that section, so that it
includes, but is not limited to, annual lease sales, to
the maximum extent permitted by law, in each of the
following Outer Continental Shelf Planning Areas, as
designated by the Bureau of Ocean Energy Management
(BOEM) (Planning Areas): Western Gulf of Mexico,
Central Gulf of Mexico, Chukchi Sea, Beaufort Sea, Cook
Inlet, Mid-Atlantic, and South Atlantic;
(b) ensure that any revisions made pursuant to
subsection (a) of this section do not hinder or affect
ongoing lease sales currently scheduled as part of the
2017-2022 Outer Continental Shelf Oil and Gas Leasing
Proposed Final Program, as published on November 18,
2016; and
(c) develop and implement, in coordination with the
Secretary of Commerce and to the maximum extent
permitted by law, a streamlined permitting approach for
privately funded seismic data research and collection
aimed at expeditiously determining the offshore energy
resource potential of the United States within the
Planning Areas.
Sec. 4. Responsible Planning for Future Offshore Energy
Potential. (a) The Secretary of Commerce shall, unless
expressly required otherwise, refrain from designating
or expanding any National Marine Sanctuary under the
National Marine Sanctuaries Act, 16 U.S.C. 1431 et
seq., unless the sanctuary designation or expansion
proposal includes a timely, full accounting from the
Department of the Interior of any energy or mineral
resource potential
[[Page 20816]]
within the designated area--including offshore energy
from wind, oil, natural gas, methane hydrates, and any
other sources that the Secretary of Commerce deems
appropriate--and the potential impact the proposed
designation or expansion will have on the development
of those resources. The Secretary of the Interior shall
provide any such accounting within 60 days of receiving
a notification of intent to propose any such National
Marine Sanctuary designation or expansion from the
Secretary of Commerce.
(b) The Secretary of Commerce, in consultation with
the Secretary of Defense, the Secretary of the
Interior, and the Secretary of Homeland Security, shall
conduct a review of all designations and expansions of
National Marine Sanctuaries, and of all designations
and expansions of Marine National Monuments under the
Antiquities Act of 1906, recently recodified at
sections 320301 to 320303 of title 54, United States
Code, designated or expanded within the 10-year period
prior to the date of this order.
(i) The review under this subsection shall include:
(A) an analysis of the acreage affected and an analysis of the budgetary
impacts of the costs of managing each National Marine Sanctuary or Marine
National Monument designation or expansion;
(B) an analysis of the adequacy of any required Federal, State, and
tribal consultations conducted before the designations or expansions; and
(C) the opportunity costs associated with potential energy and mineral
exploration and production from the Outer Continental Shelf, in addition to
any impacts on production in the adjacent region.
(ii) Within 180 days of the date of this order, the Secretary of Commerce,
in consultation with the Secretary of Defense and the Secretary of the
Interior, shall report the results of the review under this subsection to
the Director of the Office of Management and Budget, the Chairman of the
Council on Environmental Quality, and the Assistant to the President for
Economic Policy.
(c) To further streamline existing regulatory
authorities, Executive Order 13754 of December 9, 2016
(Northern Bering Sea Climate Resilience), is hereby
revoked.
Sec. 5. Modification of the Withdrawal of Areas of the
Outer Continental Shelf from Leasing Disposition. The
body text in each of the memoranda of withdrawal from
disposition by leasing of the United States Outer
Continental Shelf issued on December 20, 2016, January
27, 2015, and July 14, 2008, is modified to read, in
its entirety, as follows:
``Under the authority vested in me as President of
the United States, including section 12(a) of the Outer
Continental Shelf Lands Act, 43 U.S.C. 1341(a), I
hereby withdraw from disposition by leasing, for a time
period without specific expiration, those areas of the
Outer Continental Shelf designated as of July 14, 2008,
as Marine Sanctuaries under the Marine Protection,
Research, and Sanctuaries Act of 1972, 16 U.S.C. 1431-
1434, 33 U.S.C. 1401 et seq.''
Nothing in the withdrawal under this section
affects any rights under existing leases in the
affected areas.
Sec. 6. Reconsideration of Notice to Lessees and
Financial Assurance Regulatory Review. The Secretary of
the Interior shall direct the Director of BOEM to take
all necessary steps consistent with law to review
BOEM's Notice to Lessees No. 2016-N01 of September 12,
2016 (Notice to Lessees and Operators of Federal Oil
and Gas, and Sulfur Leases, and Holders of Pipeline
Right-of-Way and Right-of-Use and Easement Grants in
the Outer Continental Shelf), and determine whether
modifications are necessary, and if so, to what extent,
to ensure operator compliance with lease terms while
minimizing unnecessary regulatory burdens. The
Secretary of the Interior shall also review BOEM's
financial assurance regulatory policy to determine the
extent to which additional regulation is necessary.
Sec. 7. Reconsideration of Well Control Rule. The
Secretary of the Interior shall review the Final Rule
of the Bureau of Safety and Environmental
[[Page 20817]]
Enforcement (BSEE) entitled ``Oil and Gas and Sulfur
Operations in the Outer Continental Shelf-Blowout
Preventer Systems and Well Control,'' 81 Fed. Reg.
25888 (April 29, 2016), for consistency with the policy
set forth in section 2 of this order, and shall publish
for notice and comment a proposed rule revising that
rule, if appropriate and as consistent with law. The
Secretary of the Interior shall also take all
appropriate action to lawfully revise any related rules
and guidance for consistency with the policy set forth
in section 2 of this order. Additionally, the Secretary
of the Interior shall review BSEE's regulatory regime
for offshore operators to determine the extent to which
additional regulation is necessary.
Sec. 8. Reconsideration of Proposed Offshore Air Rule.
The Secretary of the Interior shall take all steps
necessary to review BOEM's Proposed Rule entitled ``Air
Quality Control, Reporting, and Compliance,'' 81 Fed.
Reg. 19718 (April 5, 2016), along with any related
rules and guidance, and, if appropriate, shall, as soon
as practicable and consistent with law, consider
whether the proposed rule, and any related rules and
guidance, should be revised or withdrawn.
Sec. 9. Expedited Consideration of Incidental
Harassment Authorizations, Incidental-Take, and Seismic
Survey Permits. The Secretary of the Interior and the
Secretary of Commerce shall, to the maximum extent
permitted by law, expedite all stages of consideration
of Incidental Take Authorization requests, including
Incidental Harassment Authorizations and Letters of
Authorization, and Seismic Survey permit applications
under the Outer Continental Shelf Lands Act, 43 U.S.C.
1331 et seq., and the Marine Mammal Protection Act, 16
U.S.C. 1361 et seq.
Sec. 10. Review of National Oceanic and Atmospheric
Administration (NOAA) Technical Memorandum NMFS-OPR-55.
The Secretary of Commerce shall review NOAA's Technical
Memorandum NMFS-OPR-55 of July 2016 (Technical Guidance
for Assessing the Effects of Anthropogenic Sound on
Marine Mammal Hearing) for consistency with the policy
set forth in section 2 of this order and, after
consultation with the appropriate Federal agencies,
take all steps permitted by law to rescind or revise
that guidance, if appropriate.
Sec. 11. Review of Offshore Arctic Drilling Rule. The
Secretary of the Interior shall immediately take all
steps necessary to review the Final Rule entitled ``Oil
and Gas and Sulfur Operations on the Outer Continental
Shelf--Requirements for Exploratory Drilling on the
Arctic Outer Continental Shelf,'' 81 Fed. Reg. 46478
(July 15, 2016), and, if appropriate, shall, as soon as
practicable and consistent with law, publish for notice
and comment a proposed rule suspending, revising, or
rescinding this rule.
Sec. 12. Definition. As used in this order, ``Outer
Continental Shelf Planning Areas, as designated by the
Bureau of Ocean Energy Management'' means those areas
delineated in the diagrams on pages S-5 and S-8 of the
2017-2022 Outer Continental Shelf Oil and Gas Leasing
Draft Proposed Program, as published by the BOEM in
January 2015, with the exception of any buffer zones
included in such planning documents.
Sec. 13. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
[[Page 20818]]
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
April 28, 2017.
[FR Doc. 2017-09087
Filed 5-2-17; 11:15 am]
Billing code 3295-F7-P