Implementing an America-First Offshore Energy Strategy

[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

d 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 En

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

n 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.

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.

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.

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]]

etary 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.

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.

uidance

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.

uch 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