Parliamentarian tosses public lands sales, LNG permitting plans


Illustration: Brendan Lynch/Axios
The Senate's nonpartisan referee has ruled against GOP attempts to use reconciliation to mandate public lands sales and to allow gas exporters to pay for expedited approvals, Democrats said.
Why it matters: Parliamentarian Elizabeth MacDonough's rulings mean those Energy and Natural Resources Committee provisions would be subject to the Senate's typical 60-vote threshold, dooming their passage in the reconciliation process.
- Selling public lands is a chief priority of ENR Chairman Mike Lee, but other Republicans have staunchly opposed the idea.
MacDonough, in overnight rulings, rejected several sections of bill text that ENR proposed this month, according to Senate Budget Committee Democrats.
- Mandatory public land sales: This section would mandate the Bureau of Land Management and U.S. Forest Service sell millions of acres of public land across 11 Western states.
- LNG exports: This section would create a regime to allow natural gas exporters to pay a fee to have the Energy Department deem their projects to be "in the public interest."
- Geothermal leasing and royalties: These sections would require Interior to hold yearly geothermal lease sales and change how geothermal royalties are calculated.
- Ambler Road project: This section would require Interior to permit construction of a controversial mining road in Alaska.
The other side: Lee's office didn't immediately respond to a request for comment. But he tweeted that he wouldn't abandon his efforts, citing the need to address housing prices.
- "Yes, the Byrd Rule limits what can go in the reconciliation bill, but I'm doing everything I can to support President Trump and move this forward," he said. "Stay tuned. We're just getting started."
Other subsections that MacDonough struck include:
- NEPA compliance: These provisions would automatically deem offshore oil and gas projects as compliant with the National Environmental Policy Act.
- Renewable energy fees: This subsection would remove Interior's discretion to reduce fees for solar and wind projects on BLM land.
- Offshore oil and gas leasing: This would require that leases must be issued to winning bidders within 90 days after the lease sale.
What's next: The parliamentarian is still weighing whether to scrub three other provisions, Democrats said.
- These include a mandate for oil and gas lease sales in the National Petroleum Reserve-Alaska.
Editor's note: This story has been updated with response from Sen. Mike Lee.