Presidential DocumentExecutive Order 137832017-06576
Promoting Energy Independence and Economic Growth
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Published
March 31, 2017
Signed
March 28, 2017
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 82 Issue 61 (Friday, March 31, 2017)</title>
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[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Presidential Documents]
[Pages 16093-16097]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-06576]
[[Page 16091]]
Vol. 82
Friday,
No. 61
March 31, 2017
Part II
The President
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Executive Order 13783--Promoting Energy Independence and Economic
Growth
Notice of March 29, 2017--Continuation of the National Emergency With
Respect to Significant Malicious Cyber-Enabled Activities
Presidential Documents
Federal Register / Vol. 82 , No. 61 / Friday, March 31, 2017 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 16093]]
Executive Order 13783 of March 28, 2017
Promoting Energy Independence and Economic Growth
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Policy. (a) It is in the national interest
to promote clean and safe development of our Nation's
vast energy resources, while at the same time avoiding
regulatory burdens that unnecessarily encumber energy
production, constrain economic growth, and prevent job
creation. Moreover, the prudent development of these
natural resources is essential to ensuring the Nation's
geopolitical security.
(b) It is further in the national interest to
ensure that the Nation's electricity is affordable,
reliable, safe, secure, and clean, and that it can be
produced from coal, natural gas, nuclear material,
flowing water, and other domestic sources, including
renewable sources.
(c) Accordingly, it is the policy of the United
States that executive departments and agencies
(agencies) immediately review existing regulations that
potentially burden the development or use of
domestically produced energy resources and
appropriately suspend, revise, or rescind those that
unduly burden the development of domestic energy
resources beyond the degree necessary to protect the
public interest or otherwise comply with the law.
(d) It further is the policy of the United States
that, to the extent permitted by law, all agencies
should take appropriate actions to promote clean air
and clean water for the American people, while also
respecting the proper roles of the Congress and the
States concerning these matters in our constitutional
republic.
(e) It is also the policy of the United States that
necessary and appropriate environmental regulations
comply with the law, are of greater benefit than cost,
when permissible, achieve environmental improvements
for the American people, and are developed through
transparent processes that employ the best available
peer-reviewed science and economics.
Sec. 2. Immediate Review of All Agency Actions that
Potentially Burden the Safe, Efficient Development of
Domestic Energy Resources. (a) The heads of agencies
shall review all existing regulations, orders, guidance
documents, policies, and any other similar agency
actions (collectively, agency actions) that potentially
burden the development or use of domestically produced
energy resources, with particular attention to oil,
natural gas, coal, and nuclear energy resources. Such
review shall not include agency actions that are
mandated by law, necessary for the public interest, and
consistent with the policy set forth in section 1 of
this order.
(b) For purposes of this order, ``burden'' means to
unnecessarily obstruct, delay, curtail, or otherwise
impose significant costs on the siting, permitting,
production, utilization, transmission, or delivery of
energy resources.
(c) Within 45 days of the date of this order, the
head of each agency with agency actions described in
subsection (a) of this section shall develop and submit
to the Director of the Office of Management and Budget
(OMB Director) a plan to carry out the review required
by subsection (a) of this section. The plans shall also
be sent to the Vice President, the Assistant to the
President for Economic Policy, the Assistant to the
President for Domestic Policy, and the Chair of the
Council on Environmental Quality. The head of any
agency who determines that such agency does not have
[[Page 16094]]
agency actions described in subsection (a) of this
section shall submit to the OMB Director a written
statement to that effect and, absent a determination by
the OMB Director that such agency does have agency
actions described in subsection (a) of this section,
shall have no further responsibilities under this
section.
(d) Within 120 days of the date of this order, the
head of each agency shall submit a draft final report
detailing the agency actions described in subsection
(a) of this section to the Vice President, the OMB
Director, the Assistant to the President for Economic
Policy, the Assistant to the President for Domestic
Policy, and the Chair of the Council on Environmental
Quality. The report shall include specific
recommendations that, to the extent permitted by law,
could alleviate or eliminate aspects of agency actions
that burden domestic energy production.
(e) The report shall be finalized within 180 days
of the date of this order, unless the OMB Director, in
consultation with the other officials who receive the
draft final reports, extends that deadline.
(f) The OMB Director, in consultation with the
Assistant to the President for Economic Policy, shall
be responsible for coordinating the recommended actions
included in the agency final reports within the
Executive Office of the President.
(g) With respect to any agency action for which
specific recommendations are made in a final report
pursuant to subsection (e) of this section, the head of
the relevant agency shall, as soon as practicable,
suspend, revise, or rescind, or publish for notice and
comment proposed rules suspending, revising, or
rescinding, those actions, as appropriate and
consistent with law. Agencies shall endeavor to
coordinate such regulatory reforms with their
activities undertaken in compliance with Executive
Order 13771 of January 30, 2017 (Reducing Regulation
and Controlling Regulatory Costs).
Sec. 3. Rescission of Certain Energy and Climate-
Related Presidential and Regulatory Actions. (a) The
following Presidential actions are hereby revoked:
(i) Executive Order 13653 of November 1, 2013 (Preparing the United States
for the Impacts of Climate Change);
(ii) The Presidential Memorandum of June 25, 2013 (Power Sector Carbon
Pollution Standards);
(iii) The Presidential Memorandum of November 3, 2015 (Mitigating Impacts
on Natural Resources from Development and Encouraging Related Private
Investment); and
(iv) The Presidential Memorandum of September 21, 2016 (Climate Change and
National Security).
(b) The following reports shall be rescinded:
(i) The Report of the Executive Office of the President of June 2013 (The
President's Climate Action Plan); and
(ii) The Report of the Executive Office of the President of March 2014
(Climate Action Plan Strategy to Reduce Methane Emissions).
(c) The Council on Environmental Quality shall
rescind its final guidance entitled ``Final Guidance
for Federal Departments and Agencies on Consideration
of Greenhouse Gas Emissions and the Effects of Climate
Change in National Environmental Policy Act Reviews,''
which is referred to in ``Notice of Availability,'' 81
Fed. Reg. 51866 (August 5, 2016).
(d) The heads of all agencies shall identify
existing agency actions related to or arising from the
Presidential actions listed in subsection (a) of this
section, the reports listed in subsection (b) of this
section, or the final guidance listed in subsection (c)
of this section. Each agency shall, as soon as
practicable, suspend, revise, or rescind, or publish
for notice and comment proposed rules suspending,
revising, or rescinding any such actions, as
appropriate and consistent with law and with the
policies set forth in section 1 of this order.
[[Page 16095]]
Sec. 4. Review of the Environmental Protection Agency's
``Clean Power Plan'' and Related Rules and Agency
Actions. (a) The Administrator of the Environmental
Protection Agency (Administrator) shall immediately
take all steps necessary to review the final rules set
forth in subsections (b)(i) and (b)(ii) of this
section, and any rules and guidance issued pursuant to
them, for consistency with the policy set forth in
section 1 of this order and, if appropriate, shall, as
soon as practicable, suspend, revise, or rescind the
guidance, or publish for notice and comment proposed
rules suspending, revising, or rescinding those rules.
In addition, the Administrator shall immediately take
all steps necessary to review the proposed rule set
forth in subsection (b)(iii) of this section, and, if
appropriate, shall, as soon as practicable, determine
whether to revise or withdraw the proposed rule.
(b) This section applies to the following final or
proposed rules:
(i) The final rule entitled ``Carbon Pollution Emission Guidelines for
Existing Stationary Sources: Electric Utility Generating Units,'' 80 Fed.
Reg. 64661 (October 23, 2015) (Clean Power Plan);
(ii) The final rule entitled ``Standards of Performance for Greenhouse Gas
Emissions from New, Modified, and Reconstructed Stationary Sources:
Electric Utility Generating Units,'' 80 Fed. Reg. 64509 (October 23, 2015);
and
(iii) The proposed rule entitled ``Federal Plan Requirements for Greenhouse
Gas Emissions From Electric Utility Generating Units Constructed on or
Before January 8, 2014; Model Trading Rules; Amendments to Framework
Regulations; Proposed Rule,'' 80 Fed. Reg. 64966 (October 23, 2015).
(c) The Administrator shall review and, if
appropriate, as soon as practicable, take lawful action
to suspend, revise, or rescind, as appropriate and
consistent with law, the ``Legal Memorandum
Accompanying Clean Power Plan for Certain Issues,''
which was published in conjunction with the Clean Power
Plan.
(d) The Administrator shall promptly notify the
Attorney General of any actions taken by the
Administrator pursuant to this order related to the
rules identified in subsection (b) of this section so
that the Attorney General may, as appropriate, provide
notice of this order and any such action to any court
with jurisdiction over pending litigation related to
those rules, and may, in his discretion, request that
the court stay the litigation or otherwise delay
further litigation, or seek other appropriate relief
consistent with this order, pending the completion of
the administrative actions described in subsection (a)
of this section.
Sec. 5. Review of Estimates of the Social Cost of
Carbon, Nitrous Oxide, and Methane for Regulatory
Impact Analysis. (a) In order to ensure sound
regulatory decision making, it is essential that
agencies use estimates of costs and benefits in their
regulatory analyses that are based on the best
available science and economics.
(b) The Interagency Working Group on Social Cost of
Greenhouse Gases (IWG), which was convened by the
Council of Economic Advisers and the OMB Director,
shall be disbanded, and the following documents issued
by the IWG shall be withdrawn as no longer
representative of governmental policy:
(i) Technical Support Document: Social Cost of Carbon for Regulatory Impact
Analysis Under Executive Order 12866 (February 2010);
(ii) Technical Update of the Social Cost of Carbon for Regulatory Impact
Analysis (May 2013);
(iii) Technical Update of the Social Cost of Carbon for Regulatory Impact
Analysis (November 2013);
(iv) Technical Update of the Social Cost of Carbon for Regulatory Impact
Analysis (July 2015);
(v) Addendum to the Technical Support Document for Social Cost of Carbon:
Application of the Methodology to Estimate the Social Cost of Methane and
the Social Cost of Nitrous Oxide (August 2016); and
[[Page 16096]]
(vi) Technical Update of the Social Cost of Carbon for Regulatory Impact
Analysis (August 2016).
(c) Effective immediately, when monetizing the
value of changes in greenhouse gas emissions resulting
from regulations, including with respect to the
consideration of domestic versus international impacts
and the consideration of appropriate discount rates,
agencies shall ensure, to the extent permitted by law,
that any such estimates are consistent with the
guidance contained in OMB Circular A-4 of September 17,
2003 (Regulatory Analysis), which was issued after peer
review and public comment and has been widely accepted
for more than a decade as embodying the best practices
for conducting regulatory cost-benefit analysis.
Sec. 6. Federal Land Coal Leasing Moratorium. The
Secretary of the Interior shall take all steps
necessary and appropriate to amend or withdraw
Secretary's Order 3338 dated January 15, 2016
(Discretionary Programmatic Environmental Impact
Statement (PEIS) to Modernize the Federal Coal
Program), and to lift any and all moratoria on Federal
land coal leasing activities related to Order 3338. The
Secretary shall commence Federal coal leasing
activities consistent with all applicable laws and
regulations.
Sec. 7. Review of Regulations Related to United States
Oil and Gas Development. (a) The Administrator shall
review the final rule entitled ``Oil and Natural Gas
Sector: Emission Standards for New, Reconstructed, and
Modified Sources,'' 81 Fed. Reg. 35824 (June 3, 2016),
and any rules and guidance issued pursuant to it, for
consistency with the policy set forth in section 1 of
this order and, if appropriate, shall, as soon as
practicable, suspend, revise, or rescind the guidance,
or publish for notice and comment proposed rules
suspending, revising, or rescinding those rules.
(b) The Secretary of the Interior shall review the
following final rules, and any rules and guidance
issued pursuant to them, for consistency with the
policy set forth in section 1 of this order and, if
appropriate, shall, as soon as practicable, suspend,
revise, or rescind the guidance, or publish for notice
and comment proposed rules suspending, revising, or
rescinding those rules:
(i) The final rule entitled ``Oil and Gas; Hydraulic Fracturing on Federal
and Indian Lands,'' 80 Fed. Reg. 16128 (March 26, 2015);
(ii) The final rule entitled ``General Provisions and Non-Federal Oil and
Gas Rights,'' 81 Fed. Reg. 77972 (November 4, 2016);
(iii) The final rule entitled ``Management of Non-Federal Oil and Gas
Rights,'' 81 Fed. Reg. 79948 (November 14, 2016); and
(iv) The final rule entitled ``Waste Prevention, Production Subject to
Royalties, and Resource Conservation,'' 81 Fed. Reg. 83008 (November 18,
2016).
(c) The Administrator or the Secretary of the
Interior, as applicable, shall promptly notify the
Attorney General of any actions taken by them related
to the rules identified in subsections (a) and (b) of
this section so that the Attorney General may, as
appropriate, provide notice of this order and any such
action to any court with jurisdiction over pending
litigation related to those rules, and may, in his
discretion, request that the court stay the litigation
or otherwise delay further litigation, or seek other
appropriate relief consistent with this order, until
the completion of the administrative actions described
in subsections (a) and (b) of this section.
Sec. 8. 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 16097]]
(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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
March 28, 2017.
[FR Doc. 2017-06576
Filed 3-30-17; 11:15 am]
Billing code 3295-F7-P
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</html>Indexed from Federal Register on March 31, 2017.
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