A Blueprint for Balance

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A Blueprint for BalanceProtecting Americas Public Lands or Future Generations

Amid the Energy Boom

Matt Lee-Ashley, Christy Golduss, Jessica Goad, and Tom Kenworthy, Center or American ProgressNada Culver, The Wilderness Society

Brian ODonnell, Conservation Lands Foundation

Greg Zimmerman, Center or Western Priorities

Ti Hays, Western Energy Project

August 2013

WWW.AMERICANPROGRESS.O


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A Blueprint for BalanceProtecting Americas Public Lands or Future

Generations Amid the Energy Boom

Matt Lee-Ashley, Christy Golduss, Jessica Goad, and Tom Kenworthy, Center or American Progress

Nada Culver, The Wilderness Society

Brian ODonnell, Conservation Lands Foundation

Greg Zimmerman, Center or Western Priorities

Ti Hays, Western Energy Project

August 2013


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1 Introduction and summary

4 Protect lands for future generations

8 Promote and expand outdoor recreation as an

economic engine

13 Provide taxpayers a fair return

17 Pay back the land

21 Drill the right way, in the right places

27 Conclusion

29 About the authors

31 Endnotes

Contents


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1 Center or American Progress | A Blueprint or Balance

Introduction and summary

Te Unied Saes is riding a wave o expanded oil and gas producion ha exceeds

even he mos bullish projecions made jus ve years ago. U.S. dependence on

oreign oil has dropped o is lowes level in 20 years, hanks o echnologies ha

have unlocked new supplies and he Obama adminisraions all-o-he-above

energy sraegy. U.S. naural-gas producion is a an all-ime high, while domesic

oil producion has increased every year since 2008.1 Te Inernaional Energy

Agency now esimaes ha by he end o he decade, he Unied Saes will surpass

Saudi Arabia as he worlds larges oil producer.2

Bu along wih his boom comes major policy challenges, and we mus learn rom

policymakers misakes in oher indusries. Te signs o a echnology bubble, a

housing collapse, or a nancial crisis seem clear in hindsigh, ye when i maters

moswhen socks are rising and pros are surgingWashingon rarely akes

he acions needed o ranslae a renzied boom ino srong, susainable growh.

Te mos imporan quesion acing he oil and gas indusry, policymakers, and

sakeholders is no wheher he Unied Saes can coninue o expand domesic oil

and gas producion in he near o mid-erm bu how i will do so in a manner ha

is economically susainable, environmenally sound, and publicly suppored. In

paricular, he sabiliy and longeviy o he oil and gas boom hinges on wheher

he Obama adminisraion and Congress can adequaely address carbon polluion,

air polluion, and waer polluion; growing public disrus o hydraulic-racuring

pracices; prevenion and preparedness or caasrophic oil spills; worker-saey

concerns; revenue collecion on behal o axpayers; loss o open space and wild-

lie habias; and oher healh, saey, and qualiy-o-lie issues.

Tis repor ocuses on he challenges and opporuniies ha he oil and gas boomposes or Americas public lands, where oil producion is a is highes level in

more han a decade and 38 million acres o axpayer land are under lease o oil

and gas companies or drilling.3 For many communiies, his kind o developmen

is no new; oil and gas companies, aer all, have been drilling on wesern public


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lands or decades. Te curren oil and gas boom, however, has pushed drill rigs o

he edge o, and in many cases ino, local communiies, prized huning habias,

naional parks, and waersheds ha provide drinking-waer supplies. As a resul,

business owners, ciy councils, couny commissions, sporsmen, and ciizens rom

across he poliical specrum are expressing growing concern over he realiy ha

wihou wiser policies, beter planning, and sronger oversigh rom regulaors, heoil and gas boom will cos hem heir way o lie and he lands, waer, and wildlie

hey wan o proec or uure generaions.

ensions over oil and gas drilling in he Wes have been ueled in par by ederal

policies ha in recen years have avored oil and gas developmen over oher more

popular uses such as he proecion o lands or huning, shing, and hiking. Te

Obama adminisraion, or example, has been leasing public lands or oil and gas

developmen more han 2.5 imes aser han i is proecing hem as parks, wilder-

ness, and naional monumens. Tis is ou o sep wih pas presidens, who have

conserved as much public land as hey have leased. Whas more, he las Congresswas o no help: I became he rs Congress since World War II no o proec a

single new acre o public land as a naional park, wilderness, wildlie reuge, or

monumen. As ormer Secreary o he Inerior Bruce Babbit recenly observed,

Our public land conservaion consensus has racured and collapsed.4

In his repor, we ouline seps he Obama adminisraion can ake o correc he

balance beween he proecion o public lands or uure generaions and oil and

gas drilling. Doing so will help seer growing oil and gas developmen on public

lands ono a sae, susainable, and responsible pah ha benes axpayers, he

indusry, and he naural resources wih which America has been gied. In par-

icular, our recommendaions aim o ulll ve main goals:

1. Proec public lands or uure generaions.

Creae new naional monumens. Esablish new naional wildlie reuges. Ideniy and advance local communiies land-conservaion prioriies. Push Congress o pass land-conservaion legislaion.

2. Promoe and expand oudoor recreaion as an economic engine.

Incorporae economic measures o oudoor recreaion ino land-

managemen decisions.


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Prioriize he proecion and expansion o oudoor recreaional opporuniies

near populaion ceners. Proec backcounry recreaional opporuniies.

3. Provide axpayers a air reurn.

Increase ederal royaly raes o provide a airer reurn or axpayers. Increase renal raes o encourage diligen developmen. Updae he Bureau o Land Managemens, or BLM, rules or measuring oil

and gas ha comes ou o he ground.

4. Pay back he land

Esablish a miigaion ee o help ose he impacs o drilling. Dedicae a porion o revenues rom oil and gas developmen on public land

o a new conservaion und.

5. Drill he righ way and in he righ places.

Fully implemen 2010 oil and gas leasing reorms. Issue a secrearial order ha claries he role o conservaion values in oil

and gas planning. Give prioriy o drilling proposals in low-conic areas or areas ha conserve land. Implemen rules or racking on public lands

aken ogeher, hese goals and our recommendaions or meeing hem will

boos Americas oudoor recreaion and ourism economy, enhance cerainy or

indusry, and give local communiies and axpayers a greaer voice and a airer

sake when i comes o drilling on our public lands.

Te ideas in his repor build on reorms ha he Obama adminisraion began in is

rs erm, including improvemens o he Bureau o Land Managemens oil and gas

leasing process; landscape-wide planning or renewable-energy developmen; and a

greaer emphasis on proecing sensiive lands rom drilling. Alhough he adminisra-

ion has moved land-managemen policy in he righ direcion, he scale o he energyboomand he risks o no handling i righdemand a redoubled commimen

o reorm and aggressive seps o proec public lands or public use. Wih so much a

sake, i is in everyones ineres o ensure ha he proecion o public lands or uure

generaions ress on equal ground wih he exracion o oil and gas resources.


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Protect lands for future

generations

Recen public opinion research commissioned by he Cener or American

Progress ound ha weserners have wo overwhelming prioriies or public lands

managemen: ensuring access or recreaional opporuniies and proecing lands

or uure generaions. Te research ound ha oil and gas drilling on public lands

is no widely suppored among voers; only one in hree weserners believe ha

drilling should be a high prioriy or land managemen, compared wih wo in

hree voers who see conservaion and recreaion as op prioriies.5

Public lands policy in Washingon, D.C., has unorunaely los ouch wih he

publics views. For more han a decade, he debae over naural resources on he

ederal level has ocused primarily and overwhelmingly on maximizing oil and

gas producion, wih boh poliical paries ouing heir commimen o opening

new areasonshore and oshoreo energy developmen. Despie growing

demand in communiies across he counry or more open space, wilderness, and

parks, Congress has become so paralyzed ha i is has been unable o pass locally

suppored land-proecion legislaion. Te las Congress was he rs since World

War II no o proec a single new acre o public land as a park, wilderness area, or

naional monumen.6

For is par, he Obama adminisraion has lagged behind is predecessors in

creaing new opporuniies or oudoor recreaion and proecing land or uure

generaions. Whereas pas presidens have succeeded in permanenly proecing

as much land as hey leased o he oil and gas indusry or drilling, a he end o

is rs erm, he Obama adminisraion had leased roughly 6.5 million acres o

public lands o he oil and gas indusry, while proecing only 2.6 million acres.7

Tose numbers have improved litle hus ar in 2013; more han 462,000 acres o

public lands have been leased o oil and gas companies, while only abou 261,000acres have been permanenly proeced.8

Te curren rend o acceleraing oil and gas developmen and slowing proecions

or public lands is no susainable, publicly suppored, or economically sensible.


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0

5,000,000

10,000,000

15,000,000

20,000,000

25,000,000

30,000,000

FIGURE 1

Acres of public lands permanently protectedduring presidential administration

Acres protected administrativ

Acres protected congressiona

Notes: Includes national parks, national recreation areas, national historical parks, national preserves, national reserves,

national scenic areas, national scenic and wildlife areas, national scenic and botanic areas, national scenic research areas,

national volcanic monuments, scenic recreation areas, miscellaneous national forest protected areas, national conservation

areas, miscellaneous Bureau of Land Management protected areas, Wilderness Study Areas, congressionally and presidentia

designated national monuments, and fee simple national wildlife refuges.

Wilderness Study Areas are included under the dates that their nal recommendations were sent to Congress by the preside

but we note that the acreage had been previously identied by the Bureau of Land Management under direction of the

Federal Land Policy and Management Act.

Does not reect Marine National Monuments designated by President George W. Bush (Papahanaumokuakea Marine,Marianas Trench Marine, Pacic Remote Islands Marine, Rose Atoll Marine which together comprised more than 200 millio

acres of marine protection).

Source: U.S. Department of the Interior, Bureau of Land Management, U.S. Fish & Wildlife Service, National Park Ser vice, U.S

Forest Service, wilderness.net, The Wilderness Society.

578,581

11,974,315

12,198,223

5,600,328

9,250,136

17,621,012

746,373

3,102,936

447,23

2,401,2

Reagan G.H. W. Bush Clinton G.W. Bush Obam

2,848,5

12,552,896

17,798,551

26,871,148

3,849,309

Faced wih he prospec o

drill rigs in prime huning

grounds, near naional parks,

or close o drinking waer sup-

plies, wesern communiies

are ghing back agains ed-eral drilling plans. Te heads

o wesern-based businesses

have come o Washingon,

D.C., o appeal or more

proecions or public lands

because or hem, oudoor

ameniies are a key acor in

atracing and reaining op

alen. Meanwhile, Americas

$646 billion oudoor-rec-reaion economy has grea

poenial, bu reailers and

manuacurers say ha he

ederal reeze on new pub-

lic lands proecions hurs

growh and slows job creaion.

Americans wan balance on

heir public lands. Te pub-

lic opinion research CAP

commissioned ound ha

Americans believe hey do

no need o choose beween

energy developmen and land

conservaion; hey can do boh.9 Voers wan an energy policy ha includes new

proecions or land, waer, and wildlie.

o begin o righ he balance beween energy developmen and conservaion on

public lands, we recommend he ollowing our policy acions.


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Create new national monuments

Wih Congress ailing o pass land-proecion bills or he

rs ime in 70 years, communiies, local eleced ofcials, and

members o Congress are calling on he presiden o use he

Aniquiies Ac o proec public lands ha are imporan o heirheriage, qualiy o lie, and local economy. Presiden Barack

Obama has used he Aniquiies Ac nine imes o proec more

han 275,000 acres, bu here are several oher communiy-

suppored proposals ha deserve he presidens atenion

and acion, including he Organ Mounains-Deser Peaks in

New Mexico,10 he Boulder Whie-Clouds in Idaho,11 and he

Birhplace o Rivers in Wes Virginia.12 ogeher, hese hree

proposals alone represen more han 1 million acres o iconic

American lands ha deserve proecion by he presiden.

Establish new national wildlife refuges

Similar o naional monumens, naional wildlie reuges can

be creaed eiher under congressional or execuive auhoriies.

Te Obama adminisraion has demonsraed he economic

and conservaion benes o his approach by esablishing

several new naional wildlie reuges in is rs erm, including

he Dakoa Grasslands Conservaion Area in Norh and Souh

Dakoa, he Everglades Headwaers Naional Wildlie Reuge and

Conservaion Area in Florida, and he Flin Hills Conservaion

Area in Kansas.13 Tese eors and ohers, spearheaded by ormer

Inerior Secreary Ken Salazar, helped conserve broad landscapes

o privae, working lands and more han 166,000 acres o public

lands in he Obama adminisraions rs erm.14 Te adminisra-

ion has he opporuniy o build on his progress in is second erm.

Identify and advance local communities land-conservation priorities

Under he Americas Grea Oudoors Iniiaive, he Obama adminisraion held

lisening sessions in all 50 saes and he Disric o Columbia o deermine local

communiies prioriies or he proecion o special lands. Inerior Secreary Sally

Arctic National Wildlie Reuge, Alaska

Arches National Park, Utah

Chaco Canyon, New Mexico

Desolation Canyon, Utah

Greater Dinosaur, Colorado

George Washington National Forest, V

Los Padres National Forest, Caliornia

North Fork o the Flathead River, Mon

Otero Mesa, New Mexico

Red Desert/Adobe Town, Wyoming

Thompson Divide, Colorado

Wyoming Range, Wyoming

Source: The Wilderness Society, Too Wild to Drill(2013), availa

http://wilderness.org/sites/deault/les/TWS%20TooWildToDr

Twelve places not to dril
http://wilderness.org/sites/default/files/TWS%20TooWildToDrill-Final.pdfhttp://wilderness.org/sites/default/files/TWS%20TooWildToDrill-Final.pdf


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Jewell and Agriculure Secreary om Vilsack should build on hese eors by

helping o ranslae deserving ideas ino acion. Te adminisraion, or example,

should work wih Congress and local communiies o advance a proposal o proec

he 700,000-acre San Gabriel Mounains and waershed in Caliornia. Te admin-

israion should similarly work wih local communiies and Sen. Dianne Feinsein

(D-CA) o advance her proposal o proec 1.5 million acres in he Caliornia deser.By coninuing he Americas Grea Oudoors conversaion wih local communiies,

advocaing or worhy projecs, and welcoming new ideas, he Obama adminisra-

ion will deliver new oudoor ameniies where hey are mos waned.

Push Congress to pass land- conservation legislation

Te las ime Congress aced o proec public lands was in 2009, when i passed

he Omnibus Public Land Managemen Ac. Tis bill proeced more han 2

million acres o wilderness and esablished hree new naional park unis, a newnaional monumen, hree new naional conservaion areas, and more han 1,000

miles o naional wild and scenic rivers.15

Following his success, members o Congress inroduced more han 30 locally

suppored land-conservaion bills oaling nearly 5 million acres in he 112h

Congress. For is par, he Obama adminisraion idenied 18 bills, covering 3.5

million acres ha deserved proecion by Congress as naional conservaion areas

or as wilderness.16 Despie hese worhy ideas and he advocacy o local communi-

ies, he 112h Congress ailed o proec a single new acre o public land.

Moving orward, he Obama adminisraion should coninue is srong suppor

or congressional acion o conserve land. I should also signal, however, ha i

Congress is unwilling o ac, he adminisraion will be prepared o use oher ools

o respond o communiy requess o proec public lands. Te presidens com-

mimen o ackle climae change in his Sae o he Union address would be well

applied o he need o conserve land or uure generaions: I Congress won ac

soon o proec uure generaions, I will, Presiden Obama pledged.17


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Promote and expand outdoor

recreation as an economic engine

For mos Americans, public lands are, rs and oremos, a place or recreaion and

ime wih amily. Vacaions o naional parks, camping rips o naional oress,

and y shing expediions in he backcounry help drive a growing $646 billion

oudoor-recreaion economy in he Unied Saes, supporing nearly hree imes as

many direc jobs as he oil and gas indusry.18 Americans undersand and value he

benes rom public lands. In ac, recen public opinion research commissioned by

CAP ound ha wo ou o hree weserners across pary lines see he expansion orecreaional opporuniies as a op prioriy or he managemen o public lands.19

Despie he overwhelming

and rising demand or more

oudoor recreaional oppor-

uniies, ederal land-manage-

men policy ails o accoun

or he benes o increased

recreaional opporuniies

rom sound conservaion poli-

cies or he economic coss o

reduced recreaional oppor-

uniies when lands are los

o drilling and developmen.

Land-managemen agencies do

no have adequae measures

o marke or economic value

or he oudoor recreaion

economy, as hey have or logging, oil and gas drilling, and mining.

Placing a value on he oudoor economy is criical o undersanding and miiga-

ing he impac o indusrial-developmen decisions on recreaion. o make sound

decisions, land managers should be able o measure how indusrial developmen

Real estate, rentals, leasing 2M

Oil and gas 2.1M

Information 2.5M

Education 3.5M

Transportation and warehousing 4.3M

Construction 5.5M

Finance and insurance 5.8M

Outdoor recreation 6

FIGURE 2

Outdoor recreation employs America

Job comparisons, by industry

Source: The Outdoor Industry Association, "The Outdoor Recreation Economy" (2012), available at

http://www.outdoorindustry.org/pdf/OIA_OutdoorRecEconomyReport2012.pdf.


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will aec recreaional use, consumer spending, reailers, outers, he service

indusry, and qualiy o lie in a given area.

In paricular, measures o he benes o oudoor recreaional opporuniies

should incorporae an analysis o he compeiive advanage ha he land provides

or businesses locaed nearby.20

Business owners in he Wes, or example, usenaional parks, oress, monumens, and wilderness areas as asses or recruiing

and reaining alened employees ha give heir businesses a compeiive advan-

age compared o oher companies in urban environmens ha are isolaed rom

high-value places o play ouside. As Saniago Becerra, he CEO o Roambi, a ech

company locaed in Solana Beach, Caliornia, pu i:

We acively leverage our locaion and he oudoors o atrac and reain our

employees. For our employees, aking ime o ge oudoors is re-energizing. I

builds passion and commimen, and is criical o creaiviy and innovaion

his is where he bes work happens. Is also a compeiive edge or us since noall companies work his way.21

Economic sudies have conrmed he anecdoal repors o business owners. Over

he pas 40 years, nonmero counies where more han 30 percen o heir public

lands are proeced as naional parks, monumens, or wilderness areas experienced

345 percen job growh. By comparison, similar counies wih no proeced public

lands saw jobs increase by only 83 percen over he same 40-year period. 22

As he counry coninues o recover rom he wors economic collapse since

he Grea Depression, he oudoor indusry and he public lands ha i relies on

should be given he ull weigh o heir economic value in land-managemen deci-

sions. We need boh he jobs generaed by energy developmen and hose sup-

pored by recreaion on public lands.

o manage public lands susainably so ha people can access he bes places o

eed he indusries ha depend on hem, he oudoor-recreaion economy mus

be on equal ground wih he oil and gas indusry.

o achieve his goal, we recommend he ollowing hree policy changes.


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The White River region o northwest Colorado oers some o the

nest trout shing and big-game hunting in the country, and is

legendary or producing world-class mule deer bucks and quality elk

year ater year.

This area is also home to the Dinosaur National Monument, where

the Green and Yampa rivers ow through desert canyons, and the

night skies are among the darkest in the entire country. Hundreds o

thousands o visitors explore the monument every year, generating

millions o dollars or nearby communities.

The basin also holds signicant oil and natural-gas resources. There

are currently 1,800 wells in production in the area, and up to 21,000

more wells are expected to be drilled in the next 20 years.

Concerned that expanded drilling will adversely aect hunting

shing opportunities and tourism, sportsmen and local commu

ties are speaking up or strong drilling saeguards that will prot

sh and wildlie habitats, the Dinosaur National Monument, an

wilderness-quality lands.

Sources: Kent Walter, White River Field Ofce Backcountry Conservation Area Proposal (MeekerBureau o Land Management, 2012), available at http://www.trcp.org/assets/pd/WRFO_Backco

Conservation_Area_Proposal.pd; Yue Cui, Ed Mahoney, and Teresa Herbowicz, Economic BeneLocal Communities rom National Park Visitation, 2011 (Fort Collins, CO: National Park Service, 20available at http://www.nature.nps.gov/socialscience/docs/NPSSystemEstimates2011.pd; Bure

Land Management, Non-WSA Lands with Wilderness Characteristics Inventory Update (Departmthe Interior, 2012), available at http://www.blm.gov/pgdata/etc/medialib /blm/co/eld_ofces/river_eld/LWC.Par.48278.File.dat/Lands%20with%20Wilderness%20Characteristics%20Inventor

update%20or%20web%202012_08_29.pd

Case study: White River region, Colorado

Incorporate economic measures of outdoor recreation into land-

management decisions

o undersand, proec, and promoe oudoor recreaional opporuniies on pub-

lic lands as par o a sraegy o grow he economy, ederal land-managemen agen-

cies need o have accurae and consisen ools o measure he eecs o proposedpolicies and decisions on he recreaion economy. Tis analysis should parallel he

ype o measuremens ha are rouinely conduced or oher indusries, including

he oil and gas indusry, and incorporaed ino agency decision-making processes.

o implemen his goal, he presiden should issue an execuive order direcing

he Federal Ineragency Council on Oudoor Recreaion, or FICOR, which was

esablished hrough he Americas Grea Oudoors Iniiaive, o coordinae he

developmen o clear and consisen economic measures or oudoor-recreaion

benes and impacs and ensure ha hese measures are incorporaed consisenly

a all levels o planning and decision making in he land-managemen agencies.


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Prioritize the protection and expansion of outdoor recreational

opportunities near population centers

Oudoor recreaion is a major componen o Americas economic growh and

oers signican poenial or addiional job creaion, ye he ederal governmen

does no have a coordinaed sraegy or encouraging growh in he secor. Tecurren approach o proecing and expanding oudoor recreaional opporuniies

is disjoined and inconsisen across public lands, despie clear and growing needs

in many areas o high populaion growh.

As a sep oward developing a coordinaed sraegy or expanding oudoor recre-

aional opporuniies, he adminisraion should ideniy areas o high recreaional

value near urban areas. Nearly every American lives wihin an hours drive o

lands or waers managed by he Inerior Deparmen, Secreary Jewell recenly

poined ou.23 Te ederal governmen should ideniy which lands hese are and

have a plan or enhancing opporuniies or huning, hiking, shing, and appropri-ae moorized use on hem.

Tis eor can build rom he mapping and analysis he Bureau o Land

Managemen has conduced or public lands ha are locaed close o areas wih

signican populaion growh. Te agency has deermined ha some o is popular

areas near urban ceners have had 200 percen o 300 percen increases in usage over

he pas decade.24 In some insances, he recreaion ee dollars colleced rom visiors

is now comparable o he money generaed by imber or grazing.25

We recommend ha he Federal Ineragency Council on Oudoor Recreaion lead

and coordinae an ineragency eor o ideniy recreaion hospos and opporu-

niies or expanded oudoor access in he ron counry, which are areas near ciies

and populaion ceners where here is high and growing demand or open spaces. In

addiion o ideniying hese areas, FICOR should coordinae a cross-governmen

plan or managing hese areas o encourage responsible and sae growh o oudoor

recreaion. I is essenial ha his sraegy ideniy ways o encourage Americans

rom all backgrounds and wih a wide range o ineress o experience he oudoors.

Protect backcountry recreational opportunities

Some o he mos unique, coveed, and a-risk recreaional areas on Americas pub-

lic lands are remoe, rugged, and undeveloped. In ac, backcounry recreaional


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opporuniies such as hiking, canoeing, kayaking, raing, climbing, mounain

biking, camping, huning, and shing are oen cied as acors ha encourage al-

ened workers o move o an area wih public lands. Backcounry recreaional rips

also ypically resul in higher levels o consumer spending on gear, gas, hoels, and

services, and are hereore a major componen o Americas $646 billion oudoor-

recreaion economy.26

Growing oil and gas developmen on public lands is unorunaely reducing he

amoun o backcounry ha is undeveloped and appealing o recreaional users.

o beter balance proecions or unrammeled lands, we recommend new per-

manen proecions o iconic lands as wilderness, naional parks, monumens,

and wildlie reuges.

We also recommend ha he Bureau o Land Managemen use is adminisra-

ive auhoriy and sauory obligaion o conserve high-value backcounry areas

hrough he Federal Land Policy and Managemen Ac, or FLPMA. Te acdirecs he BLM o develop, mainain, and, when appropriae, revise land use

plans which provide by racs or areas or he use o he public lands and o do

so in accordance wih principles o muliple use and susained yield.27 FLPMA

includes recreaion and sh and wildlie in is deniion o muliple use and spe-

cically calls or he use o some land or less han all o he resources.28 I urher

requires he BLM o se managemen ha will preserve and proec cerain public

lands in heir naural condiion.29

Based on hese auhoriies, he BLMs leadership should direc is sae and eld

ofces o adminisraively proec backcounry lands hrough local land-use plan-

ning processes across he Wes. Tough hese adminisraive proecions are no

permanen, hey will help keep hese backcounry recreaional areas jus as hey

are and as he public wans hem o be: undeveloped and accessible o all.


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Provide taxpayers a fair return

When he U.S. governmen sells he developmen righs o Americans oil and gas

resources, he public expecs o receive heir air share o he revenues in reurn.

Saes, communiies, and axpayers are unorunaely missing ou on hundreds o

millions o dollars in revenues each year because cenury-old ederal royaly raes

are se a bargain-basemen levels and oudaed echnologies and policies preven

he ederal governmen rom accuraely measuring he oil and gas ha is being

exraced rom public lands.

Since he 1920s, he ederal onshore royaly rae or oil and gas has been 12.5

percen, approximaely hal o which goes o he U.S. reasury, and he oher hal

goes o he sae where he drilling occurs. Mos oil- and gas-producing saes in

he Wes charge beween 16.67 percen and 18.75 percen royalies or drilling

on sae-owned lands, wih exas charging double he ederal rae a 25 percen.

A recen analysis by he Cener or Wesern Prioriies indicaes ha energy-rich

saes in he Rocky Mounain Wes are losing beween $400 million and $600 mil-

lion annually because he ederal royaly raes are well below he saes raes.30

Royaly raes are a means o delivering a air reurn o he axpayer and achiev-

ing desired policy oucomes. Tis can be accomplished by creaing incenives or

companies o develop leases more quickly, by discouraging he warehousing o

leases and permis, and by encouraging exploraion o new plays or elds.

Alhough he Obama adminisraion has pledged o raise royaly raes in every

budge since 2009, hese pledges have been me wih rm opposiion rom he oil

and gas indusry, which claims ha higher royaly raes will discourage produc-

ion. Te evidence, however, suggess ha resource price, echnology, and geology

are largely he primary deerminan o when and where i is proable or a com-pany o drill or oil and gasno royaly or severance ax raes.

Wyoming, or example, has he highes eecive severance ax rae in he Wes and

sill remains a naional leader in producion. Monana, in an atemp o atrac he


17/36


oil and gas indusry, has among

he lowes eecive ax raes,

ye drilling in Monana lags

behind Norh Dakoa. In ac,

because o Monanas com-

paraively lower severance axraes, a new well in Monana

will generae $800,000 less or

he sae han an idenical well

drilled across he border in

Norh Dakoa.31 Overall, eco-

nomic daa show ha small ye

scally meaningul dierences

in ax and royaly policy do

no signicanly aec oil and

gas producion. Companiesinvesmen decisions are largely driven by oher acors.32

I is also worh noing ha axpayers are missing ou on hundreds o millions

o dollars o revenue because he Bureau o Land Managemens guidelines or

measuring oil and gas produced rom public lands are oudaed. In 2010 he

Governmen Accounabiliy Ofce, or GAO, concluded ha he BLMs 20-year-

old measuremen and producion-accounabiliy regulaions are ineecive and

inefcien and do no address curren measuremen echnologies. In addiion,

because o inadequae and aniquaed rules, axpayers are no collecing royal-

ies on he vas quaniies o gas ha are vened or ared ino he amosphere

each year by indusry. A he very leas, axpayers deserve an accurae accoun-

ing and air reurn rom he complee volume o resources ha are exraced

rom heir public lands.33

Below we propose hree ideas ha he adminisraion should explore as i works

o deliver a air reurn o American axpayers rom public lands. Les consider

each in urn.

Increase federal royalty rates to provide a fairer return for taxpayers

Te Obama adminisraion should se new, higher royaly raes or oil and gas

developmen on public lands o more closely rack he raes charged by saes. In

Chaco Culture National HistoricaPark with areas to be leased in thbackground.

WESTERN ENERGY PROJECT


18/36


he process o raising he royaly rae, he adminisraion should consider esab-

lishing an escalaing royaly rae o encourage companies o develop oil and gas

leases in a imely manner. Under his srucure, a company ha begins producing

energy wihin he rs wo years o buying he lease could pay, or example, an

18.75 percen royaly rae, while a company ha begins producing aer he rs

wo years o he lease would pay a higher rae o 22.5 percen, or example.

Increase rental rates to encourage diligent development

Renal ees are paid on oil and gas leases ha are no currenly in producion and

no making royaly paymens. A company holding a lease on public lands bu

no currenly producing on ha land mus pay he ederal governmen an annual

renal ee o $1.50 per acre in he rs ve years and $2 per acre each year herea-

er.34 In 2012, despie nearly 21 million idle acres o leased land,35 renal paymens

accouned or less han 2 percen o ederal onshore oil and naural gas revenues.36Because renal raes are so low, companies are siting on housands o leases and

permis. Tere are currenly almos 7,000 approved permis, ready or drilling and

energy exracion, siting idle.37

Te Obama adminisraion should raise renal raes on public lands o incenivize

diligen developmen on leased lands ha are siting idle. In paricular, he renal rae

should rise signicanly he longer a lease sis idle o encourage early developmen o

he lease, as several saes require. exas, or example, increases he renal rae rom

$5 per acre per year o $25 per acre per year aer he hird year o a lease i he lease

is no producing. Te sae o New Mexico doubles he renal ee in he second ve

years o a 10-year lease i he lease has no begun producing in he rs ve years.38

Update BLMs rules for measuring oil and gas that comes out of

the ground

Following he recommendaions o he GAO, he inspecor general, and he U.S.

Deparmen o he Ineriors Subcommitee on Royaly Managemen, he BLM

should move swily orward wih new rules o accuraely measure and accoun orhe ull volume o oil and gas ha is produced on public lands.

Tese changes are likely o resul in signican new revenues or axpayers.

Alhough he volume o oil and gas ha is currenly no being accouned or is


19/36


unknown, i more modern and accurae sysems resul in even a 1 percen o a 3

percen increase in measured volumes, axpayers would see ens o millions, i no

hundreds o millions o dollars in new revenue.

In addiion, hese rules should include sandards or measuring and collecing reve-

nues rom hydrocarbons ha are vened or ared by indusry. Te GAO repors ha:

Around 40 percen o naural gas esimaed o be vened and fared on onshore

ederal leases could be economically capured wih currenly available conrol

echnologies Such reducions could increase ederal royaly paymens by

abou $23 million annually and reduce greenhouse gas emissions by an amoun

equivalen o abou 16.5 million meric ons o CO2--he annual emissions

equivalen o 3.1 million cars.39

Tese common-sense modernizaions would increase revenues and reduce wase

and polluion.


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Pay back the land

Te boom-bus cycle o resource exracion is all oo amiliar o wesern commu-

niies. Companies rush in o mine, log, or drill, urn heir pro, and henonce

he resource runs dry or he economics changeskip own. Local communiies

are oen le wih a collapsed economy and he coss o cleaning up.

o help reduce he environmenal coss o developmen o local communiies

and axpayers, he Unied Saes has worked over he pas hal cenury o require

exracive indusries o pay or he impacs o heir operaions hrough bond-ing requiremens, miigaion measures, and conservaion royalies. Te Surace

Mining Conrol and Reclamaion Ac o 1977, or example, esablished a und,

paid or hrough coal revenues, o clean up abandoned mines. Te Land and Waer

Conservaion Fund Ac o 1965 required ha a porion o revenues rom oshore

oil and gas developmen be dedicaed o he proecion o parks, open spaces,

oress, and working lands. Likewise, many saes have esablished successul mii-

gaion banking programs o ose he loss o welands or oher naural ameniies

when an area is developed indusrially.

Tese laws and policies aim o uphold a simple bu powerul principle: A porion

o he benes ha come rom he exracion o publicly held resources should be

reinvesed in he proecion o land, waer, and wildlie or uure generaions.

Unorunaely, his principle is no consisenly or eecively applied o he devel-

opmen o oil and gas resources on public lands. Companies mus mee basic rec-

lamaion and bonding requiremens, analyze he environmenal impacs o heir

projecs, and mee ederal and sae polluion sandards. While hese measures are

imporan, hey are no sufcien o ose he loss o naural ameniies ha resul

rom a hos o impacs, including:

Spills o oil and oxic chemicals

Air polluion rom rigs and wells


21/36


rafc, noise, and healh impacs o communiies locaed near drilling sies

Loss o lands or huning, shing, hiking, and oher oudoor recreaional pursuis

Degradaion rom nearby oil and gas inrasrucure o areas ha are oospecial

o drill, such as naional parks

aken ogeher, hese and oher impacs o oil and gas drilling on public lands are

resuling in a ne loss o he values ha he public mos prizes, namely heir access

o recreaional opporuniies and he amoun and qualiy o land ha is open and

proeced or uure generaions.

o break rom he curren dynamic o growing oil and gas developmen and

shrinking open public lands, we propose wo ideas o reinves he revenues rom

drilling in he proecion and enhancemen o he publics resources.

Establish a mitigation fee to help offset the impacts of drilling

Te U.S. Deparmen o he Inerior should require large drilling projecs on

public lands o pay a miigaion ee ha would be used o help ose he loss o

wildlie habias, recreaional areas, and oher valued resources.

Tis ee would be calculaed by seting a value on he damage ha a proposed

drilling projec will cause by ideniying he condiion and overall value o

resourcessuch as big game habia and recreaional opporuniiesha would

be harmed by a paricular drilling projec, and by ideniying he amoun o ha

resource ha is harmed. Based on his assessmen, he agency would assess a

miigaion ee o compensae or ha harm, which mus be an amoun sufcien o

conserve, acquire, or resore oher lands o similar value.

Te miigaion ee would apply o impacs o lands and resources ha canno be

avoided, minimized, or oherwise miigaed on-sie. An imporan backcounry rec-

reaion area, or insance, will no longer be enjoyable i here are new oil and gas wells

and roads ha ruin he experience.Te miigaion ees paid would be used o undconservaion or resoraion aciviies in he general area raher han on he projec sie.

Te oil and gas indusry is already engaging in paying or his ype o o-sie mii-

gaion. In Wyomings Pinedale Anicline, or example, some o he larges opera-


22/36


ors agreed o provide a und o miigae impacs o wildlie and oher resources

hrough on- and o-sie projecs, monioring, research, habia improvemens, and

oversigh aciviies by agency personnel. Bu his ype o miigaion und is no

uniormly required across all public lands or consisenly calculaed and applied o

encompass he range o imporan values and uses ha are acually being harmed

or los by drilling projecs.40

By creaing a ormal miigaion ee program, undswould be used or maximum bene, based on a supporable calculaion.

Assessing projec-specic miigaion ees on energy developmen on public lands

is no a new idea. In ac, he Bureau o Land Managemen is currenly using a

similar approach as par o is regional miigaion plans or solar energy on public

lands. Te agency has already developed an iniial ormula as par o is rs

Solar Regional Miigaion Sraegy,41 which will be applied in solar-energy zones.

Under ha process, he agency evaluaes he condiion o resources and he likely

impacs o hose resources across large landscapes, ranging rom endangered spe-

cies, culural resources, naional parks, and waer supplies o recreaional oppor-uniies and lands wih wilderness characerisics and scenic values, and hen i

calculaes an appropriae miigaion ee. While his ormula is sill being rened,

he building blocks are undamenally sound and are applicable o developing

miigaion ees or large oil and gas projecs.

A similar approach or oil and gas developmen across broad landscapes would

und conservaion a he same landscape scale while providing more cerainy or

oil and gas developers relaed o how his ype o miigaion will be calculaed.

Dedicate a portion of revenues from public land oil and gas

development to a new conservation fund

Te ederal governmen currenly assesses a 12.5 percen royaly on he oil and gas

exraced rom public lands onshore, wih hal o he proceeds going o he U.S.

reasury, and he oher hal o he saes where he drilling occurs.42 In he secion

above, we propose ha he Deparmen o he Inerior raise his royaly rae o

be more consisen wih sae royaly raes o ensure a air reurn or axpayers

rom he developmen o heir resources. We also propose ha o a porion o headdiional revenues rom a higher royaly rae be se aside or conservaion and

resoraion aciviies on public lands.


23/36


Tese addiional royaly-rae invesmens could go o a variey o aciviies, includ-

ing resoring damaged lands, acquiring inholdingsprivae land inside ederal

land racsand oher lands ha are a risk o developmen, and managing more

places or recreaional opporuniies. Te und could be modeled on he highly

successul and popular Land and Waer Conservaion Fund, which uses revenues

rom oshore oil and gas drilling or ederal, sae, and local parks, rails, openspace, and land-proecion projecs.

Te Deparmen o he Inerior has he execuive power o increase he royaly

rae, bu i would ake an ac o Congress o esablish a new conservaion und.

Te Obama adminisraion should hereore begin increasing royaly raes and

submi a legislaive proposal o Congress o esablish a conservaion und.


24/36


Drill the right way, in the right places

Te ederal governmens long-sanding approach o leasing public lands or oil

and gas developmen is illogical, inefcien, and oudaed, and i also engenders

conic beween compeing values and uses. According o one oil and gas indus-

ry ofcial, i is a sysem currenly ha hrows he conservaion communiy and

energy developmen ino conic Te curren approach o public land oil and

gas developmen is broken and really doesn work or anyone.43 Te Bureau o

Land Managemens leasing process became so conroversial ha nearly 75 per-

cen o he leases oered by he agency in he Rocky Mounain region rom scalyear 2007 o scal year 2009 were proesed.44

Te cenral problem is ha he BLMs radiional approach o leasing is upside

down. Raher han deermining he bes places or oil and gas drilling beore oer-

ing leases, i sells leases rs and hen evaluaes environmenal impacs. As a resul,

companies will oen spend millions o dollars o acquire leases ha are laer ound

o be in areas ha local communiies nd highly conroversial, are prized or hun-

ing and recreaion, or are environmenally sensiive. Tis lease rs, look laer

approach oen resuls in addiional coss, delays, and liigaion.

In 2010 he Obama adminisraion began o implemen reorms o he BLMs

oil and gas leasing program in response o a high-prole conroversy in Uah in

which he Bush adminisraion sold oil and gas leases near Arches Naional Park,

Canyonlands Naional Park, and Dinosaur Naional Monumen.45 Te new policy

called or creaing landscape-level plans called Maser Leasing Plans, or MLPs,

ha ideniy he mos appropriae places or drilling in a broad area o public

lands. Te MLPs, which are developed wih public inpu, provide guidance relaed

o where leases are o be issued as a way o improve he qualiy o decision making

and reduce he possibiliy o conic and proess.46

Since he implemenaion ohe leasing reorms, proess have in ac allen rom 47 percen o all leases sold in

2009 o 18 percen in 2012.47


25/36


I found out they had proposed 30,000 acres of drilling for natural gas

around our community. It wasnt just in the hills. It was literally wrapping

around our schools, wrapping every single farm. It was in our communi-

ties, not around them.

Alison Gannett, owner o the Holy Terror Farm, on a lease sale

proposed by the Bureau o Land Management near Paonia, Colo-

rado, in February, 2013. Alison Gannett, A MoveShake Story, Red

Reel, October 20, 2012, available at http://vimeo.com/51823995.

Once reliant almost entirely on nearby coal mining and oil and gas

drilling, Colorados North Fork Valley is now internationally known

or its wine, organic arms, and ranches that have been passed down

rom generation to generation.

The Bureau o Land Management recently proposed leasing ne

eas o the valley or oil and gas development, including in and

several wineries, organic arms, community water sources, scho

and popular recreation sites.

The BLMs proposal met strong and vocierous opposition rom

range o local businesses, government ofcials, armers, ranche

concerned citizens. The BLM initially backed away rom its plan

residents remain concerned that the agency will continue to pr

orward with oil and gas development in the wrong places at g

cost to their economy and way o lie.

Source: Paonias Unlikely Win in the War Against Fracking, Fox 31 Denver, August10, 2013, available at http://www.citizensorahealthycommunity.org/news/ox-31-denver-tiny-paonias-unlikely-win-in-the-war-against-racking.

Paonia, Colorado, case study on impacts to communities

Te Obama adminisraions work o resore order and common sense o he

Bureau o Land Managemens oil and gas leasing process is no complee. Te

2010 leasing reorms have no been ully or consisenly implemened, and some

BLM ofces coninue o oer highly conroversial areas or lease, including areas

near Colorados Mesa Verde Naional Park and Dinosaur Naional Monumen and

in and around communiies such as Paonia, Colorado.48 Moreover, he Obama

adminisraions rapidly expanding renewable-energy program on public lands

which uses a smar-rom-he-sar approach ha idenies and atemps o

resolve conics in advance o developmenprovides a emplae or addiional

improvemens o he BLMs oil and gas program.

Nex, we provide our recommendaions ha will help ensure ha drilling on

public lands is conduced in he righ ways and he righ places.

Fully implement 2010 oil and gas leasing reforms

Te Bureau o Land Managemens 2010 leasing reorms esablished a srong

ramework or balancing energy producion wih wildlie, recreaion, and oher


26/36


values o he public lands. Te

reorms acknowledge ha

in some cases, leasing o oil

and gas resources may no be

consisen wih saeguard-

ing naional parks, naionalwildlie reuges, wildlie

habia, and oher places wih

culural and hisoric val-

ues. Imporanly, he reorms

made clear ha [u]nder appli-

cable laws and policies, here

is no presumed preerence or

oil and gas developmen over

oher uses o public lands.49

Tis ramework can and

should coninue o guide he

BLMs approach o oil and gas developmen. In paricular, he reorms call or

he creaion o Maser Leasing Plans, which are inended o give BLM a way

o sraegically plan or leasing and developmen and ideniy and address

poenial resource conics and environmenal impacs rom developmen a

a landscape level.50 Trough hese plans, he agency can conduc more deailed

evaluaions o oil and gas aciviy and ideniy boh areas suiable or develop-

menand how developmen will proceed in hose areasand areas where

recreaion, wildlie, and wilderness values should ake precedence.51

Maser Leasing Plans are a smar-rom-he-sar approach ha provides greaer

clariy and cerainy or he public, indusry, and oher users o public lands. We

recommend ha he agency creae MLPs in areas where poenial oil and gas

developmen may endanger naional parks, communiy waer sources, prime

huning grounds, and oher criical public resources.

Issue a secretarial order that clarifies the role of conservationvalues in oil and gas planning

Te 2010 leasing reorms provide imporan guidance o BLM eld managers

on how o conduc landscape-level planning or where oil and gas developmen

Location to be leased near MesaVerde National Park.

WESTERN ENERGY PROJECT


27/36


should occur on public lands. o implemen hese reorms successully, however,

and o ensure ha he purposes o hese changes are applied hroughou he

agency, leadership a he Deparmen o he Inerior and BLM should make clear

ha maximizing he proecion o land, waer, and recreaional values is a high

prioriy in he oil and gas approval process.

o his end, we recommend ha he Deparmen o he Inerior issue a secrearial

order ha would explicily direc agency sa o minimize drilling impacs on

conservaion values and maximize conservaion opporuniies. Tis order would

afrm he Federal Land Policy and Managemen Acs requiremen o manage he

public lands or muliple use,52 o consider which uses are appropriae in which

places,53 and o avoid ocusing solely on uses wih bes economic reurn.54

Te order should incorporae deailed direcion ha will inorm he developmen

o land-use plans and overall agency decision making. Specically, he order would

direc he BLM o:

Assess large landscapes o ideniy places ha are suiable or developmen and

places where i should no occur because o compeing resource values

Incorporae conservaion ino planning or oil and gas developmen by:

1. Ideniying and designaing poenially low-conic, high-resource areas or

oil and gas developmen

2. Ideniying and proecing high-value conservaion lands or heir land,

wildlie, culural, or recreaional values

Apply his approach o agency-planning eors ha are already underway and

no jus new planning eors

Give priority to drilling proposals in low-conflict areas or areas that

conserve land

In reviewing proposed drilling projecs on public lands, he Bureau o LandManagemen should give prioriy o hose wih ewer impacs on naural resources

or projecs ha include measures o proec, resore, or enhance conservaion

values on public lands.


28/36


One way ha he agency can do his is by prioriizing indusry proposals o lease

and drill ha are in low-conic areas wih proven developmen poenial. In

paricular, proposals o lease and drill wihin he agencys newly designed Maser

Leasing Plan should be presumed o mee hese crieria and should be brough o

he ron o he line or approval.

In addiion, i a projec includes a plan or proecing or resoring land, i should

also receive prioriy review. A company, or example, may propose o ose some

o he impacs o a drilling projec by unding a wildlie-habia-improvemen

iniiaive on public land.

While projecs ha are proposed or low-conic areas or areas ha include

conservaion componens should be as-racked, hose ha are in sensiive or

high-conic areas should receive addiional review. In paricular, projecs should

undergo addiional review i hey are:

Locaed wihin or adjacen o populaed areas

Included in legislaion ha would prohibi developmen i passed

Locaed in habias or endangered or sensiive species

Likely o aec municipal waersheds or sensiive welands

Locaed wihin ciizen-proposed wilderness or areas wihou roads

Locaed wihin recreaional-managemen areas

Locaed in areas wih likely resource conics

I a proposed leasing or drilling projec mees any o he above crieria, he agency

should ideniy opporuniies o avoid hose conics. I he agency decides o

allow leasing or drilling in a sensiive or high-conic area, i should also docu-

men and jusiy is decision o do so in a new saemen o adverse environmenal

impac. Tis policy provides urher incenives o avoid poenial harm o oherresources o he public lands by highlighing he risks and creaing incenives or

he agency o nd ways o manage hem.


29/36


I is worh noing ha he Deparmen o he Ineriors solar-energy program

already akes many o hese seps by explicily prioriizing he review and approval

o projecs ha are locaed away rom high-conic areas. Te program also

requires addiional jusicaion or projecs ha are no guided o preerred, low-

conic locaions. Te oil and gas indusry should be held o he same sandards.

Implement rules for fracking on public lands

Te Obama adminisraion has begun o dra rules o provide greaer proecions or

communiies and he environmen rom he impacs o hydraulic racuringbeter

known as rackingechniques ha are now widely used on public lands. Te admin-

israion should move ahead o nalize srong rules ha provide he ollowing:

Public disclosure o he chemicals used in racking uids

Clearer guidelines or assuring wellbore inegriy so ha uids do no leak

rom he well

Sandards or managing wasewaer discharge

Moreover, o ensure ransparency and greaer public condence, he disclosure

o chemicals should come beore drilling, no aer. Tis disclosure should be

hrough a governmen-run websie, raher han an indusry-suppored websie,

and any rade-secre exempion should be very ighly drawn so i proecs only

legiimae rade secres. Producers should addiionally be required o es nearby

waer supplies boh beore and aer drilling.


30/36


Conclusion

Wihou a susained commimen rom policymakers o reorm and balance

heir approach o public land managemen, he uure or oil and gas devel-

opmen on public lands will coninue o be characerized by conroversy,

uncerainy, and liigaion. o avoid his pah, he Obama adminisraion and

Congress mus bridge he growing divide beween he curren ocus in ederal

policy on promoing oil and gas developmen and he publics growing demand

or greaer access o recreaional opporuniies and proecions o lands or

uure generaions. Wih a more even-handed approach o land managemen,hese prioriies need no sand in conic.

Wih Congress seemingly deadlocked and unable o advance public land legisla-

ion, he key o a more balanced and susainable approach o expanding energy

producion while proecing lands and waers lies wih he presiden and his eam.

Wihou quesion, he adminisraion made signican progress in is rs erm

oward modernizing and reorming oil and gas policies on public lands, bu he

pace o he energy boom and he exen o which land-conservaion eors have

collapsed in Congress requires renewed leadership rom he presiden.

Te challenges acing he Obama adminisraion will no be easy o mee. Despie

he economic benes o seering he oil and gas boom ono a more susain-

able and publicly suppored pah, he oil and gas indusry will likely coninue o

gh every atemp o improve proecions or drinking waer, generae a airer

reurn or axpayers, and se aside places ha should no be drilled. Te American

Peroleum Insiue alone is spending up o $200 million a year o oppose even he

mos common-sense reorms.55

Meanwhile, he adminisraion mus overcome he imbalance beween drillingand conservaion ha accrued over is rs erm. Whereas recen adminisraions,

including hose o Presiden George H. W. Bush and Presiden Bill Clinon, suc-

ceeded in permanenly proecing as much public land as hey leased or oil and

gas developmen, he Obama adminisraion aces nearly a 4 million-acre deci


31/36


rom is rs erm ha hey will need o overcome o resore equiy and o address

he publics prioriies or heir public lands.

Tis blueprin oulines a pah oward resoring balance. o ranslae he curren

drilling boom ino sable, lasing growh, he naion needs he Obama adminis-

raion o accelerae is eors o implemen a comprehensive energy sraegy,curail dangerous carbon polluion, proec he healh o communiies, provide

axpayers wih a air reurn or he developmen o heir resources, and conserve

lands and waers or uure generaions. Only sound policy and srong oversigh

will give communiies condence ha drilling is being done saely, responsibly,

and in he righ places.


32/36


About the authors

Matt Lee-Ashley is a Senior Fellow a American Progress. He previously served as

depuy chie o sa a he Deparmen o he Inerior, overseeing policy, exernal,

communicaions, and legislaive maters on behal o Secreary Ken Salazar. In

2010 Lee-Ashley was named he Inerior Deparmens communicaions direcor,leading he deparmens communicaions response o he Deepwaer Horizon

oil spill and helping underake he aggressive oshore oil and gas reorm agenda

o he Obama adminisraion. From 2005 o 2008 Lee-Ashley worked in he U.S.

Senae or hen-Sen. Salazar (D-CO), handling miliary, veerans aairs, and

energy and environmen policy. A naive o Colorado Springs, Colorado, Lee-

Ashley graduaed rom Pomona College in Claremon, Caliornia, in 2004.

Christy Goldfuss is he Direcor o he Public Lands Projec a American Progress.

She was previously a legislaive saer or he House Commitee on Naural

Resources, where she ocused on policies and legislaion aecing he U.S. ForesService and he Bureau o Land Managemen. She rs sared working on lands

issues as he ederal preservaion advocae or Environmen America, prior o

which she worked as a elevision reporer in Caliornia and Nevada. She received a

bachelors degree in poliical science a Brown Universiy.

Jessica Goad is he Manager o Research and Oureach a American Progress. She

was previously on sa a Te Wilderness Sociey, where she ocused on ossil

and renewable energy on public lands. Her ineres in land conservaion sems

rom her experience growing up in Golden, Colorado, a he base o he Rocky

Mounains. Jessica holds a B.A. in poliical science and environmenal sudies

rom Carleon College in Norheld, Minnesoa.

Tom Kenworthy is a Senior Fellow a American Progress. He joined American

Progress aer spending wo years as a senior ellow a Wesern Progress, a regional

nonparisan policy insiue in he Rocky Mounain Wes, where he ocused on

renewable energy and environmenal issues. om spen more han hree decades

as a newspaper reporer, he majoriy o ha ime wih Te Washingon Posand

USA oday. He has repored on a wide variey o subjecs, including sae and

naional governmen and poliics, Congress, he environmen, and he saes ohe Rocky Mounain Wes. His longime specialies were public lands, naural

resources, and energy issues, which he covered as a Denver-based naional cor-

responden beginning in 1995. His environmenal reporing has won awards rom

he Sociey o American Foresers and he Sierra Club. As a policy analys, om


33/36


has writen commenaries and aricles or a variey o naional and regional publi-

caions. om holds a B.A. in hisory rom Cornell Universiy in 1970. He lives in

Golden, Colorado, wih his wie, Nancy.

Nada Culver is he direcor and senior counsel o Te Wilderness Sociey s BLM

Acion Cener. She brings over a decade o legal experience working on environ-menal issues, including energy developmen, environmenal remediaion, and

nuclear energy. Nadas previous work gives her insigh ino some o he pressures

ha he Bureau o Land Managemen receives rom developmen ineress. Te

BLM Acion Cener, locaed in Denver, Colorado, assiss and encourages people

o paricipae in land-use planning processes and managemen decisions, includ-

ing hose addressing ransmission, renewable energy, ossil-uel developmen, and

proecion o wilderness.

Ti Hays is he counsel a he Wesern Energy Projec. He was previously an associ-

ae atorney wih Te Wilderness Socieys BLM Acion Cener and spen ourand a hal years working on public lands issues or he Naional rus or Hisoric

Preservaion in Washingon, D.C., and Denver, Colorado. He has a degree in

English rom Te College o William & Mary and a law degree rom Lewis &

Clark Law School.

Brian ODonnell is he execuive direcor o he Conservaion Lands Foundaion.

He was previously he naional public lands direcor or rou Unlimied, or U, and

has also worked or Te Wilderness Sociey, where he led campaigns ha resuled in

he congressional designaion o he Black Rock Deser and Sloan Canyon Naional

Conservaion Areas and dozens o new legislaed Wilderness areas hroughou

Nevada. Brian was he coounder o he Nevada Wilderness Coaliion, Wilderness

Suppor Cener, and Wes Virginia Wilderness Coaliion. In he early 1990s Brian

served as he execuive direcor o he Alaska Wilderness League. Brian earned a

bachelors degree in economics rom Rollins College in 1993.

Greg Zimmerman is policy direcor a he Cener or Wesern Prioriies, over-

seeing a wide variey o research on Wesern public lands and energy issues. He

previously worked or he Sae o he Rockies Projec, he Colorado Waershed

Assembly, and Te Naure Conservancy on issues, including waer scarciy, landmanagemen, and ecosysem services. Greg received his masers degree rom he

Yale School o Foresry and Environmenal Sudies, and he currenly resides in

Denver, Colorado.


34/36


Endnotes

1 The White House, Securing American Energy, availableat http://www.whitehouse.gov/energy/securing-ameri-can-energy (last accessed July 2013).

2 U.S. Oil Output to Overtake Saudi Arabias by 2020,Bloomberg News, November 12, 2012, available at

http://www.bloomberg.com/news/2012-11-12/u-s-to-overtake-saudi-arabia-s-oil-production-by-2020-iea-says.html.

3 Secretary Sally Jewell, Testimony beore the Energyand Natural Resources Committee, June 6, 2013,available at http://www.energy.senate.gov/public/index.cm/les/serve?File_id=4155ded-5455-495c-8284-be7e206a86d7; Bureau o Land Management,Summary o Ons hore Oil and Gas Statistics, availableat http://www.blm.gov/pgdata/etc/medialib/blm/wo/MINERALS__REALTY__AND_RESOURCE_PROTECTION_/energy/oil___gas_statistics/data_sets.Par.69959.File.dat/table-01.pd(last accessed July 2013).

4 Secretary Bruce Babbitt, On Equal Ground: Rig ht-ing the Balance between Energy Developmentand Conservation on Public Lands, ThinkProgress,February 5, 2013, available athttp://thinkprogress.org/

climate/2013/02/05/1541361/john-podesta-conserva-tion-deserves-equal-ground-on-public-lands/.

5 Center or American Progress, Poll Shows Voters WantPublic Lands Protected, Campaign Launched to PutEnergy and Conservation on Equal Ground, Pressrelease, June 17, 2013, available at http://www.ameri-canprogress.org/press/release/2013/06/17/66706/release-poll-shows-voters-want-public-lands-protect-ed-campaign-launched-to-put-energy-and-conserva-tion-on-equal-ground/.

6 The Wilderness Society, History o New Land Protec-tion 1941-2012 (2013), available at http://wilderness.org/resource/history-new-land-protection-1941-2012.

7 Jessica Goad and Christy Golduss, President ObamaNeeds to Establish a Conservation Legacy in Additionto a Drilling Legacy, Center or American Progress,

January 10, 2013, available at http://www.american-progress.org/issues/green/news/2013/01/10/49105/president-obama-needs-to-establish-a-conservation-legacy-in-addition-to-a-drilling-legacy/.

8 Bureau o Land Management, Recent Oil & Gas LeasesSales, available at http://www.blm.gov/wo/st/en/prog/energy/oil_and_gas/recent_lease_sales.html(last accessed July 2013); Neil Shader, Obama Makesprogress towards balancing energy and conservation.Congress not so much, The Wilderness Society blog,May 15, 2013, available at http://wilderness.org/blog/obama-makes-progress-towards-balancing-energy-and-conservation-congress-not-so-much.

9 Hart Research Associates, Equal Ground: BalancingConservation and Drilling on Americas Public Lands(2013), available at http://www.americanprogress.org/wp-content/uploads/2013/06/MEMO-Hart-Research-

Equal-Ground-06-2013.pd.

10 Organ Mountains: Desert Peaks National Monument,available at http://www.organmountains.org/(lastaccessed July 2013).

11 Rep. Jared Human, Human to White House: IncludeMendocinos Point Arena-Stornetta Public Lands in theNational Monument, Press release, February 26, 2013,available at http://human.house.gov/media-center/

press-releases/human-to-white-house-include-men-docinos-point-arena-stornetta-public.

12 Birth Place o Rivers National Monument, available athttp://www.birthplaceorivers.org/(last accessed July2013).

13 U.S. Department o the Interior, Secretary SalazarCelebrates National Wildlie Reuge System By LayingSeven New Planks at Pelican Island Walkway, Pressrelease, January 11, 2013, available at http://www.doi.gov/news/pressreleases/secretary-salazar-celebrates-national-wildlie-reuge-system-by-laying-seven-new-planks-at-pelican-island-walkway.cm.

14 Ibid; CAP analysis o data rom the U.S. Fish and WildlieService Division o Realty. Data are available uponrequest rom authors.

15 President Barack Obama, Statement by the President,Press release, March 30, 2009, available at http://www.whitehouse.gov/the_press_ofce/Statement-rom-the-Presidents-signing-statements-on-HR-146-the-Omnibus-Public-Lands-Management-Act.

16 Bureau o Land Management, Preliminary Researchon BLM Lands Deserving Protection as NationalConservation Areas, Wilderness or Other ConservationDesignations (2011), available at http://www.doi.gov/news/pressreleases/loader.cm?csModule=security/getle&pageid=267130.

17 Obama: I Congress Wont Act on Climate, I Will,Anchorage Daily News, February 13, 2013, available athttp://www.adn.com/2013/02/13/2788093/obama-i-congress-wont-act-on.html.

18 The Outdoor Industry Association, The OutdoorRecreation Economy (2012), available at http://www.outdoorindustry.org/pd/OIA_OutdoorRecEconomyRe-port2012.pd.

19 Center or American Progress, Poll Shows Voters WantPublic Lands Protected, Campaign Launched to Put

Energy and Conservation on Equal Ground.

20 Headwaters Economics, West Is Best: Protected LandsPromote Jobs and Higher Incomes (2012), availableat http://headwaterseconomics.org/land/west-is-best-value-o-public-lands.

21 Ibid.

22 Ibid.

23 Secretary Sally Jewell, Testimony beore the Subcom-mittee on Interior, Environment and Related Agencies,Senate Committee on Appropriations, May 7, 2013,available at http://www.appropriations.senate.gov/ht-interior.cm?method=hearings.view&id=33388b83-4d15-407c-ba51-486b351d9548.

24 Bureau o Land Management, Meeting the Challenge:

Recreation on Public Lands, available at http://www.ntc.blm.gov/krc/uploads/142/Mod%201%20Over-view%20by%20Ratclie%203%2017%2008.pd(lastaccessed July 2013).

25 Ibid.

26 The Outdoor Industry Association, The Outdoor Recre-ation Economy.
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ational-wildlife-refuge-system-by-laying-seven-new-planks-at-pelican-island-walkway.cfmhttp://www.whitehouse.gov/the_press_office/Statement-from-the-Presidents-signing-statements-on-HR-146-the-Omnibus-Public-Lands-Management-Acthttp://www.whitehouse.gov/the_press_office/Statement-from-the-Presidents-signing-statements-on-HR-146-the-Omnibus-Public-Lands-Management-Acthttp://www.whitehouse.gov/the_press_office/Statement-from-the-Presidents-signing-statements-on-HR-146-the-Omnibus-Public-Lands-Management-Acthttp://www.whitehouse.gov/the_press_office/Statement-from-the-Presidents-signing-statements-on-HR-146-the-Omnibus-Public-Lands-Management-Acthttp://www.doi.gov/news/pressreleases/loader.cfm?csModule=security/getfile&pageid=267130http://www.doi.gov/news/pressreleases/loader.cfm?csModule=security/getfile&pageid=267130http://www.doi.gov/news/pressreleases/loader.cfm?csModule=security/getfile&pageid=267130http://www.adn.com/2013/02/13/2788093/obama-if-congress-wont-act-on.htmlhttp://www.adn.com/2013/02/13/2788093/obama-if-congress-wont-act-on.htmlhttp://www.outdoorindustry.org/pdf/OIA_OutdoorRecEconomyReport2012.pdfhttp://www.outdoorindustry.org/pdf/OIA_OutdoorRecEconomyReport2012.pdfhttp://www.outdoorindustry.org/pdf/OIA_OutdoorRecEconomyReport2012.pdfhttp://headwaterseconomics.org/land/west-is-best-value-of-public-landshttp://headwaterseconomics.org/land/west-is-best-value-of-public-landshttp://www.appropriations.senate.gov/ht-interior.cfm?method=hearings.view&id=33388b83-4d15-407c-ba51-486b351d9548http://www.appropriations.senate.gov/ht-interior.cfm?method=hearings.view&id=33388b83-4d15-407c-ba51-486b351d9548http://www.appropriations.senate.gov/ht-interior.cfm?method=hearings.view&id=33388b83-4d15-407c-ba51-486b351d9548http://www.ntc.blm.gov/krc/uploads/142/Mod%201%20Overview%20by%20Ratcliffe%203%2017%2008.pdfhttp://www.ntc.blm.gov/krc/uploads/142/Mod%201%20Overview%20by%20Ratcliffe%203%2017%2008.pdfhttp://www.ntc.blm.gov/krc/uploads/142/Mod%201%20Overview%20by%20Ratcliffe%203%2017%2008.pdfhttp://www.ntc.blm.gov/krc/uploads/142/Mod%201%20Overview%20by%20Ratcliffe%203%2017%2008.pdfhttp://www.ntc.blm.gov/krc/uploads/142/Mod%201%20Overview%20by%20Ratcliffe%203%2017%2008.pdfhttp://www.ntc.blm.gov/krc/uploads/142/Mod%201%20Overview%20by%20Ratcliffe%203%2017%2008.pdfhttp://www.appropriations.senate.gov/ht-interior.cfm?method=hearings.view&id=33388b83-4d15-407c-ba51-486b351d9548http://www.appropriations.senate.gov/ht-interior.cfm?method=hearings.view&id=33388b83-4d15-407c-ba51-486b351d9548http://www.appropriations.senate.gov/ht-interior.cfm?method=hearings.view&id=33388b83-4d15-407c-ba51-486b351d9548http://headwaterseconomics.org/land/west-is-best-value-of-public-landshttp://headwaterseconomics.org/land/west-is-best-value-of-public-landshttp://www.outdoorindustry.org/pdf/OIA_OutdoorRecEconomyReport2012.pdfhttp://www.outdoorindustry.org/pdf/OIA_OutdoorRecEconomyReport2012.pdfhttp://www.outdoorindustry.org/pdf/OIA_OutdoorRecEconomyReport2012.pdfhttp://www.adn.com/2013/02/13/2788093/obama-if-congress-wont-act-on.htmlhttp://www.adn.com/2013/02/13/2788093/obama-if-congress-wont-act-on.htmlhttp://www.doi.gov/news/pressreleases/loader.cfm?csModule=security/getfile&pageid=267130http://www.doi.gov/news/pressreleases/loader.cfm?csModule=security/getfile&pageid=267130http://www.doi.gov/news/pressreleases/loader.cfm?csModule=security/getfile&pageid=267130http://www.whitehouse.gov/the_press_office/Statement-from-the-Presidents-signing-statements-on-HR-146-the-Omnibus-Public-Lands-Management-Acthttp://www.whitehouse.gov/the_press_office/Statement-from-the-Presidents-signing-statements-on-HR-146-the-Omnibus-Public-Lands-Management-Acthttp://www.whitehouse.gov/the_press_office/Statement-from-the-Presidents-signing-statements-on-HR-146-the-Omnibus-Public-Lands-Management-Acthttp://www.whitehouse.gov/the_press_office/Statement-from-the-Presidents-signing-statements-on-HR-146-the-Omnibus-Public-Lands-Management-Acthttp://www.doi.gov/news/pressreleases/secretary-salazar-celebrates-national-wildlife-refuge-system-by-laying-seven-new-planks-at-pelican-island-walkway.cfmhttp://www.doi.gov/news/pressreleases/secretary-salazar-celebrates-national-wildlife-refuge-system-by-laying-seven-new-planks-at-pelican-island-walkway.cfmhttp://www.doi.gov/news/pressreleases/secretary-salazar-celebrates-national-wildlife-refuge-system-by-laying-seven-new-planks-at-pelican-island-walkway.cfmhttp://www.doi.gov/news/pressreleases/secretary-salazar-celebrates-national-wildlife-refuge-system-by-laying-seven-new-planks-at-pelican-island-walkway.cfmhttp://www.birthplaceofrivers.org/http://huffman.house.gov/media-center/press-releases/huffman-to-white-house-include-mendocinos-point-arena-stornetta-publichttp://huffman.house.gov/media-center/press-releases/huffman-to-white-house-include-mendocinos-point-arena-stornetta-publichttp://huffman.house.gov/media-center/press-releases/huffman-to-white-house-include-mendocinos-point-arena-stornetta-publichttp://www.organmountains.org/http://www.americanprogress.org/wp-content/uploads/2013/06/MEMO-Hart-Research-Equal-Ground-06-2013.pdfhttp://www.americanprogress.org/wp-content/uploads/2013/06/MEMO-Hart-Research-Equal-Ground-06-2013.pdfhttp://www.americanprogress.org/wp-content/uploads/2013/06/MEMO-Hart-Research-Equal-Ground-06-2013.pdfhttp://wilderness.org/blog/obama-makes-progress-towards-balancing-energy-and-conservation-congress-not-so-muchhttp://wilderness.org/blog/obama-makes-progress-towards-balancing-energy-and-conservation-congress-not-so-muchhttp://wilderness.org/blog/obama-makes-progress-towards-balancing-energy-and-conservation-congress-not-so-muchhttp://www.americanprogress.org/issues/green/news/2013/01/10/49105/president-obama-needs-to-establish-a-conservation-legacy-in-addition-to-a-drilling-legacy/http://www.americanprogress.org/issues/green/news/2013/01/10/49105/president-obama-needs-to-establish-a-conservation-legacy-in-addition-to-a-drilling-legacy/http://www.americanprogress.org/issues/green/news/2013/01/10/49105/president-obama-needs-to-establish-a-conservation-legacy-in-addition-to-a-drilling-legacy/http://www.americanprogress.org/issues/green/news/2013/01/10/49105/president-obama-needs-to-establish-a-conservation-legacy-in-addition-to-a-drilling-legacy/http://wilderness.org/resource/history-new-land-protection-1941-2012http://wilderness.org/resource/history-new-land-protection-1941-2012http://www.americanprogress.org/press/release/2013/06/17/66706/release-poll-shows-voters-want-public-lands-protected-campaign-launched-to-put-energy-and-conservation-on-equal-ground/http://www.americanprogress.org/press/release/2013/06/17/66706/release-poll-shows-voters-want-public-lands-protected-campaign-launched-to-put-energy-and-conservation-on-equal-ground/http://www.americanprogress.org/press/release/2013/06/17/66706/release-poll-shows-voters-want-public-lands-protected-campaign-launched-to-put-energy-and-conservation-on-equal-ground/http://www.americanprogress.org/press/release/2013/06/17/66706/release-poll-shows-voters-want-public-lands-protected-campaign-launched-to-put-energy-and-conservation-on-equal-ground/http://www.americanprogress.org/press/release/2013/06/17/66706/release-poll-shows-voters-want-public-lands-protected-campaign-launched-to-put-energy-and-conservation-on-equal-ground/http://thinkprogress.org/climate/2013/02/05/1541361/john-podesta-conservation-deserves-equal-ground-on-public-lands/http://thinkprogress.org/climate/2013/02/05/1541361/john-podesta-conservation-deserves-equal-ground-on-public-lands/http://thinkprogress.org/climate/2013/02/05/1541361/john-podesta-conservation-deserves-equal-ground-on-public-lands/http://www.blm.gov/pgdata/etc/medialib/blm/wo/MINERALS__REALTY__AND_RESOURCE_PROTECTION_/energy/oil___gas_statistics/data_sets.Par.69959.File.dat/table-01.pdfhttp://www.blm.gov/pgdata/etc/medialib/blm/wo/MINERALS__REALTY__AND_RESOURCE_PROTECTION_/energy/oil___gas_statistics/data_sets.Par.69959.File.dat/table-01.pdfhttp://www.blm.gov/pgdata/etc/medialib/blm/wo/MINERALS__REALTY__AND_RESOURCE_PROTECTION_/energy/oil___gas_statistics/data_sets.Par.69959.File.dat/table-01.pdfhttp://www.blm.gov/pgdata/etc/medialib/blm/wo/MINERALS__REALTY__AND_RESOURCE_PROTECTION_/energy/oil___gas_statistics/data_sets.Par.69959.File.dat/table-01.pdfhttp://www.energy.senate.gov/public/index.cfm/files/serve?File_id=4155defd-5455-495c-8284-be7e206a86d7http://www.energy.senate.gov/public/index.cfm/files/serve?File_id=4155defd-5455-495c-8284-be7e206a86d7http://www.energy.senate.gov/public/index.cfm/files/serve?File_id=4155defd-5455-495c-8284-be7e206a86d7http://www.bloomberg.com/news/2012-11-12/u-s-to-overtake-saudi-arabia-s-oil-production-by-2020-iea-says.htmlhttp://www.bloomberg.com/news/2012-11-12/u-s-to-overtake-saudi-arabia-s-oil-production-by-2020-iea-says.htmlhttp://www.bloomberg.com/news/2012-11-12/u-s-to-overtake-saudi-arabia-s-oil-production-by-2020-iea-says.htmlhttp://www.whitehouse.gov/energy/securing-american-energyhttp://www.whitehouse.gov/energy/securing-american-energy


35/36


27 43 U.S.C. 1712(a), (c).

28 43 U.S. C. 1702(c).

29 43 U.S.C. 1701(a)(8).

30 Center or Western Priorities, A Fair Share: The Case orUpdating Federal Royalties (2013), available at http://westernpriorities.org/wp-content/uploads/2013/06/royalties-report.pd; Morton, P. and J. Kerkvliet, Esti-mating Potential Revenue rom Higher Royalty Ratesor Onshore Production o Oil and Natural Gas rom

Federal Lands (Denver: Center or Western Priorities,2013).

31 Headwaters Economics, Oil and Natural Gas Fiscal BestPractices: Lessons or State and Local Governments(2012), available at http://headwaterseconomics.org/wphw/wp-content/uploads/Energy_Fiscal_Best_Prac-tices.pd.

32 Ibid.

33 Government Accountability Ofce, Interiors Oil andGas Production Verication Eorts Do Not ProvideReasonable Assurance o Accurate Measurement oProduction Volumes (2010), available at http://www.gao.gov/products/GAO-10-313.

34 Bureau o Land Management, Questions and Answersabout Oil and Gas Leasing, available at http://www.

blm.gov/wo/st/en/prog/energy/oil_and_gas/ques-tions_and_answers.html (last accessed July 2013).

35 Bureau o Land Management, Oil and Gas LeaseUtilization, Onshore and Oshore, Updated Report tothe President (2012), available at http://www.doi.gov/news/pressreleases/upload/Final-Report.pd.

36 Center or Western Priorities, A Fair Share.

37 Bureau o Land Management, Approved Applicationsor Permit to Drill Not Drilled, available at http://www.blm.gov/pgdata/etc/medialib/blm/wo/MINER-ALS__REALTY__AND_RESOURCE_PROTECTION_/energy/oil___gas_statistics/data_sets.Par.86452.File.dat/AAPD%20Re%C2%ACport%20%28approved_apd_not_drilled_September%2030,2011%29.pd(lastaccessed July 2013).

38 Government Accountability Ofce, Interior Could doMore to Encourage Diligent Development (2008),available at http://www.gao.gov/products/GAO-09-74.

39 Government Accountability Ofce, Opportunities Existto Capture Vented and Flared Natural Gas, Which WouldIncrease Royalty Payments and Reduce GreenhouseGases (2010), available at http://www.gao.gov/prod-ucts/GAO-11-34.

40 Pinedale Anticline Project Ofce, Whats Happeningat JIO-PAPO, available at http://www.wy.blm.gov/jio-papo/papo (last accessed July 2013).

41 Bureau o Land Management, Dry Lake Solar EnergyZone (SEZ) Solar Regional Mitigation Planning Project,available at http://www.blm.gov/nv/st/en/o/lvo/blm_programs/energy/dry_lake_solar_energy.html(last accessed July 2013); Bureau o Land Management,

Proposed Methodology or Establishing an O-siteMitigation Fee or Utility Scale Solar En

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