Provisions Continue to Violate the Byrd Rule in the Republicans’ “One Big, Beautiful Bill”

WASHINGTON, D.C. – Today, the Senate Parliamentarian again advised that several provisions in the Republicans’ “One Big, Beautiful Bill,” would be subject to a 60-vote threshold if they remain in the bill. The below provisions are in the Energy and Natural Resources Committee’s jurisdiction.

“Democrats continue to show up and fight every provision of this Big, Beautiful Betrayal of a bill, because this bill is an attack on workers and families everywhere,” said Ranking Member Jeff Merkley.“Democrats will not stand idly by while Republicans attempt to circumvent the rules of reconciliation in order to sell off public lands to fund tax breaks for billionaires. We will make sure the Byrd Rule is followed and review any changes Republicans attempt to make to the bill.”

Provisions Subject to a 60-Vote Byrd Rule Point of Order

Energy and Natural Resources

NEPA compliance. These provisions deem offshore oil and gas projects as automatically compliant with the National Environmental Policy Act, nullifying these projects’ environmental review processes. (Subsection 102(b)(4) and Subsection 102(b)(5))

Offshore oil and gas leasing. This subsection requires leases to be issued to successful bidders within 90 days after the lease sale. (Subsection 102(b)(6))

Ambler Road. This section requires the Secretary of the Interior to permit construction of Ambler Road, a controversial mining road in Alaska. (Section 201)

Mandatory public land sales. This section mandates the unprecedented sale of millions of acres of public land, including from both Bureau of Land Management and U.S. Forest Service lands. (Section 301)

Renewable energy fees. This subsection removes the Secretary of the Interior’s discretion to reduce fees for solar and wind projects on Bureau of Land Management land. (Subsection 303(e))

Geothermal leasing and royalties. These sections require the Secretary of the Interior to hold yearly geothermal lease sales and purport to change how geothermal royalties are calculated. (Section 305 and Section 306)

Natural gas exports and imports. This section creates a pay-to-play regime for natural gas exports, allowing natural gas exporters to pay a fee to have their project be deemed “in the public interest,” which is a requirement for approval. (Section 401)

Still Under Review

Offshore oil and gas leasing. This section would require that 90 percent of the revenue from lease sales in the Cook Inlet go to the state of Alaska, starting in 2035, the year after the ten-year budget window. (Section 102(b)(2))

National Petroleum Reserve-Alaska. This section would require oil and gas lease sales in the National Petroleum Reserve-Alaska. (Section 105)

Coal leasing. This section would require the Secretary of the Interior to approve new coal lease applications, and any additional approvals needed to mine previously issued coal leases within 90 days of receipt. (Section 201)

The Parliamentarian’s advice is based on whether a provision is appropriate for reconciliation and conforms to the limitations of the Byrd Rule; it is not a judgement on the relative merits of a particular policy.

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