Dear Mr. Hovis:

Thank you for contacting me about oil and gas leases on federal lands. I always appreciate hearing from Arizonans about issues facing our state and country. It is important that we have conversations about topics that are important to you and your family, and I hope you will continue to reach out to me to share your perspectives and suggestions.

Executive orders and presidential proclamations are directives used by presidents to achieve policy goals and direct the actions of government officials and agencies. While the U.S. Constitution neither defines these methods nor explicitly vests presidents with the power to issue them, these orders are generally accepted as an inherent aspect of executive authority. When founded on appropriate constitutional or statutory authority, executive orders and proclamations have the force of law. Presidents from both parties have extensively used these orders and proclamations.

The Department of the Interior is the federal agency responsible for conserving and managing the nation’s natural resources and cultural heritage. The Bureau of Land Management (BLM) within the Interior Department manages federal lands that do not receive protection from activities like mining and drilling. Lands protected from energy exploration under existing law include national parks, monuments, and lands in incorporated cities and towns. 

The Mineral Leasing Act of 1920 governs fuel and mineral development on lands owned by the federal government. Before passage of the Mineral Leasing Act, prospectors could stake a claim to mineral and land rights on public lands with few restrictions. As prospectors acquired rights to vast tracts of oil-producing lands, officials worried the federal government would lack a stable oil supply for the U.S. Navy. President William Howard Taft preserved over three million acres of oil-producing federal land in California and Wyoming in 1909 from private exploration. Following President Taft’s action, Congress passed the Mineral Leasing Act. It established procedures for BLM to lease public lands for drilling. The federal government then collects royalty payments on the oil, gas, and minerals removed from federal land. 

Over 26 million acres of public land are currently leased by the oil and gas industry. In 2019, 22 percent of U.S. oil production and 12 percent of U.S. gas production occurred on federal lands or waters. Oil and gas extraction from public lands accounts for almost one-quarter of all U.S. greenhouse gas emissions. Arizona has just under 20,000 acres of federal land leased for oil and gas drilling. 

On January 27, 2021, President Biden signed an executive order requiring BLM to halt new oil and gas leases on federal lands and offshore water to the extent possible under the Mineral Leasing Act. The executive order also directs BLM to review existing leasing and permitting practices. 

Senator Cynthia Lummis (R-WY) introduced S. 76, the Protecting Our Wealth of Energy Resources Act, on January 28, 2021. Thislegislation would prohibit the president from issuing a ban on new leases of public lands for energy or mineral exploration. Supporters of S. 76contend that oil and gas drilling on federal lands creates thousands of jobs and provides a secure and reliable source of domestic energy for the U.S. economy. The bill’s opponents argue that pausing new leases helps address the threat posed by climate change and protects federal lands from being jeopardized by oil and gas development. S.76 was referred to the Senate Committee on Energy and Natural Resources, where it may be considered. 

It is our responsibility to be thoughtful stewards of our environment and its inhabitants. In the west, we are especially attuned to the challenges of balancing a wide range of local demands: conservation, recreation, economic development, ranching, and hunting, among others. I am committed to an inclusive process for land management and believe Congress must do its duty to initiate and moderate stakeholder discussions, as well as debate findings from those conversations. Federal lands should be protected in a way that preserves their beauty and character for future generations. 

Thank you for sharing your view on this issue with me. Please do not hesitate to contact our office with any future questions or comments. Additionally, if you would like to stay connected to our office with the latest news, legislation, and other useful information, please visit our website, sinema.senate.gov.

Sincerely,



Kyrsten Sinema
United States Senator