82 FR 20815 - Implementing an America-First Offshore Energy Strategy

Executive Office of the President

Federal Register Volume 82, Issue 84 (May 3, 2017)

[Federal Register Volume 82, Number 84 (Wednesday, May 3, 2017)]
[Presidential Documents]
[Pages 20815-20818]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09087]




                        Presidential Documents 



Federal Register / Vol. 82 , No. 84 / Wednesday, May 3, 2017 / 
Presidential Documents

___________________________________________________________________

[[Page 20815]]


                Executive Order 13795 of April 28, 2017

                
Implementing an America-First Offshore Energy 
                Strategy

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Outer Continental Shelf Lands 
                Act, 43 U.S.C. 1331 et seq., and in order to maintain 
                global leadership in energy innovation, exploration, 
                and production, it is hereby ordered as follows:

                Section 1. Findings. America must put the energy needs 
                of American families and businesses first and continue 
                implementing a plan that ensures energy security and 
                economic vitality for decades to come. The energy and 
                minerals produced from lands and waters under Federal 
                management are important to a vibrant economy and to 
                our national security. Increased domestic energy 
                production on Federal lands and waters strengthens the 
                Nation's security and reduces reliance on imported 
                energy. Moreover, low energy prices, driven by an 
                increased American energy supply, will benefit American 
                families and help reinvigorate American manufacturing 
                and job growth. Finally, because the Department of 
                Defense is one of the largest consumers of energy in 
                the United States, domestic energy production also 
                improves our Nation's military readiness.

                Sec. 2. Policy. It shall be the policy of the United 
                States to encourage energy exploration and production, 
                including on the Outer Continental Shelf, in order to 
                maintain the Nation's position as a global energy 
                leader and foster energy security and resilience for 
                the benefit of the American people, while ensuring that 
                any such activity is safe and environmentally 
                responsible.

                Sec. 3. Implementing an America-First Offshore Energy 
                Strategy. To carry out the policy set forth in section 
                2 of this order, the Secretary of the Interior shall:

                    (a) as appropriate and consistent with applicable 
                law, including the procedures set forth in section 1344 
                of title 43, United States Code, in consultation with 
                the Secretary of Defense, give full consideration to 
                revising the schedule of proposed oil and gas lease 
                sales, as described in that section, so that it 
                includes, but is not limited to, annual lease sales, to 
                the maximum extent permitted by law, in each of the 
                following Outer Continental Shelf Planning Areas, as 
                designated by the Bureau of Ocean Energy Management 
                (BOEM) (Planning Areas): Western Gulf of Mexico, 
                Central Gulf of Mexico, Chukchi Sea, Beaufort Sea, Cook 
                Inlet, Mid-Atlantic, and South Atlantic;
                    (b) ensure that any revisions made pursuant to 
                subsection (a) of this section do not hinder or affect 
                ongoing lease sales currently scheduled as part of the 
                2017-2022 Outer Continental Shelf Oil and Gas Leasing 
                Proposed Final Program, as published on November 18, 
                2016; and
                    (c) develop and implement, in coordination with the 
                Secretary of Commerce and to the maximum extent 
                permitted by law, a streamlined permitting approach for 
                privately funded seismic data research and collection 
                aimed at expeditiously determining the offshore energy 
                resource potential of the United States within the 
                Planning Areas.

                Sec. 4. Responsible Planning for Future Offshore Energy 
                Potential. (a) The Secretary of Commerce shall, unless 
                expressly required otherwise, refrain from designating 
                or expanding any National Marine Sanctuary under the 
                National Marine Sanctuaries Act, 16 U.S.C. 1431 et 
                seq., unless the sanctuary designation or expansion 
                proposal includes a timely, full accounting from the 
                Department of the Interior of any energy or mineral 
                resource potential

[[Page 20816]]

                within the designated area--including offshore energy 
                from wind, oil, natural gas, methane hydrates, and any 
                other sources that the Secretary of Commerce deems 
                appropriate--and the potential impact the proposed 
                designation or expansion will have on the development 
                of those resources. The Secretary of the Interior shall 
                provide any such accounting within 60 days of receiving 
                a notification of intent to propose any such National 
                Marine Sanctuary designation or expansion from the 
                Secretary of Commerce.

                    (b) The Secretary of Commerce, in consultation with 
                the Secretary of Defense, the Secretary of the 
                Interior, and the Secretary of Homeland Security, shall 
                conduct a review of all designations and expansions of 
                National Marine Sanctuaries, and of all designations 
                and expansions of Marine National Monuments under the 
                Antiquities Act of 1906, recently recodified at 
                sections 320301 to 320303 of title 54, United States 
                Code, designated or expanded within the 10-year period 
                prior to the date of this order.

(i) The review under this subsection shall include:

  (A) an analysis of the acreage affected and an analysis of the budgetary 
impacts of the costs of managing each National Marine Sanctuary or Marine 
National Monument designation or expansion;

  (B) an analysis of the adequacy of any required Federal, State, and 
tribal consultations conducted before the designations or expansions; and

  (C) the opportunity costs associated with potential energy and mineral 
exploration and production from the Outer Continental Shelf, in addition to 
any impacts on production in the adjacent region.

(ii) Within 180 days of the date of this order, the Secretary of Commerce, 
in consultation with the Secretary of Defense and the Secretary of the 
Interior, shall report the results of the review under this subsection to 
the Director of the Office of Management and Budget, the Chairman of the 
Council on Environmental Quality, and the Assistant to the President for 
Economic Policy.

                    (c) To further streamline existing regulatory 
                authorities, Executive Order 13754 of December 9, 2016 
                (Northern Bering Sea Climate Resilience), is hereby 
                revoked.

                Sec. 5. Modification of the Withdrawal of Areas of the 
                Outer Continental Shelf from Leasing Disposition. The 
                body text in each of the memoranda of withdrawal from 
                disposition by leasing of the United States Outer 
                Continental Shelf issued on December 20, 2016, January 
                27, 2015, and July 14, 2008, is modified to read, in 
                its entirety, as follows:

                    ``Under the authority vested in me as President of 
                the United States, including section 12(a) of the Outer 
                Continental Shelf Lands Act, 43 U.S.C. 1341(a), I 
                hereby withdraw from disposition by leasing, for a time 
                period without specific expiration, those areas of the 
                Outer Continental Shelf designated as of July 14, 2008, 
                as Marine Sanctuaries under the Marine Protection, 
                Research, and Sanctuaries Act of 1972, 16 U.S.C. 1431-
                1434, 33 U.S.C. 1401 et seq.''
                    Nothing in the withdrawal under this section 
                affects any rights under existing leases in the 
                affected areas.

                Sec. 6. Reconsideration of Notice to Lessees and 
                Financial Assurance Regulatory Review. The Secretary of 
                the Interior shall direct the Director of BOEM to take 
                all necessary steps consistent with law to review 
                BOEM's Notice to Lessees No. 2016-N01 of September 12, 
                2016 (Notice to Lessees and Operators of Federal Oil 
                and Gas, and Sulfur Leases, and Holders of Pipeline 
                Right-of-Way and Right-of-Use and Easement Grants in 
                the Outer Continental Shelf), and determine whether 
                modifications are necessary, and if so, to what extent, 
                to ensure operator compliance with lease terms while 
                minimizing unnecessary regulatory burdens. The 
                Secretary of the Interior shall also review BOEM's 
                financial assurance regulatory policy to determine the 
                extent to which additional regulation is necessary.

                Sec. 7. Reconsideration of Well Control Rule. The 
                Secretary of the Interior shall review the Final Rule 
                of the Bureau of Safety and Environmental

[[Page 20817]]

                Enforcement (BSEE) entitled ``Oil and Gas and Sulfur 
                Operations in the Outer Continental Shelf-Blowout 
                Preventer Systems and Well Control,'' 81 Fed. Reg. 
                25888 (April 29, 2016), for consistency with the policy 
                set forth in section 2 of this order, and shall publish 
                for notice and comment a proposed rule revising that 
                rule, if appropriate and as consistent with law. The 
                Secretary of the Interior shall also take all 
                appropriate action to lawfully revise any related rules 
                and guidance for consistency with the policy set forth 
                in section 2 of this order. Additionally, the Secretary 
                of the Interior shall review BSEE's regulatory regime 
                for offshore operators to determine the extent to which 
                additional regulation is necessary.

                Sec. 8. Reconsideration of Proposed Offshore Air Rule. 
                The Secretary of the Interior shall take all steps 
                necessary to review BOEM's Proposed Rule entitled ``Air 
                Quality Control, Reporting, and Compliance,'' 81 Fed. 
                Reg. 19718 (April 5, 2016), along with any related 
                rules and guidance, and, if appropriate, shall, as soon 
                as practicable and consistent with law, consider 
                whether the proposed rule, and any related rules and 
                guidance, should be revised or withdrawn.

                Sec. 9. Expedited Consideration of Incidental 
                Harassment Authorizations, Incidental-Take, and Seismic 
                Survey Permits. The Secretary of the Interior and the 
                Secretary of Commerce shall, to the maximum extent 
                permitted by law, expedite all stages of consideration 
                of Incidental Take Authorization requests, including 
                Incidental Harassment Authorizations and Letters of 
                Authorization, and Seismic Survey permit applications 
                under the Outer Continental Shelf Lands Act, 43 U.S.C. 
                1331 et seq., and the Marine Mammal Protection Act, 16 
                U.S.C. 1361 et seq.

                Sec. 10. Review of National Oceanic and Atmospheric 
                Administration (NOAA) Technical Memorandum NMFS-OPR-55. 
                The Secretary of Commerce shall review NOAA's Technical 
                Memorandum NMFS-OPR-55 of July 2016 (Technical Guidance 
                for Assessing the Effects of Anthropogenic Sound on 
                Marine Mammal Hearing) for consistency with the policy 
                set forth in section 2 of this order and, after 
                consultation with the appropriate Federal agencies, 
                take all steps permitted by law to rescind or revise 
                that guidance, if appropriate.

                Sec. 11. Review of Offshore Arctic Drilling Rule. The 
                Secretary of the Interior shall immediately take all 
                steps necessary to review the Final Rule entitled ``Oil 
                and Gas and Sulfur Operations on the Outer Continental 
                Shelf--Requirements for Exploratory Drilling on the 
                Arctic Outer Continental Shelf,'' 81 Fed. Reg. 46478 
                (July 15, 2016), and, if appropriate, shall, as soon as 
                practicable and consistent with law, publish for notice 
                and comment a proposed rule suspending, revising, or 
                rescinding this rule.

                Sec. 12. Definition. As used in this order, ``Outer 
                Continental Shelf Planning Areas, as designated by the 
                Bureau of Ocean Energy Management'' means those areas 
                delineated in the diagrams on pages S-5 and S-8 of the 
                2017-2022 Outer Continental Shelf Oil and Gas Leasing 
                Draft Proposed Program, as published by the BOEM in 
                January 2015, with the exception of any buffer zones 
                included in such planning documents.

                Sec. 13. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 20818]]

                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    April 28, 2017.

[FR Doc. 2017-09087
Filed 5-2-17; 11:15 am]
Billing code 3295-F7-P