DOI Order Temporarily Halts Delegated Authority for Major Actions

In a Secretarial Order issued today, Acting Interior Secretary Scott de la Vega suspended delegated authorities from taking a range of actions for 60 days including the issuance of any offshore fossil fuel authorization, publication of any Federal Register notices, and granting of rights of way, easements, or conveyances of property or interests in property.

The Order authorizes specifically identified positions within DOI leadership to carry out any of the actions temporarily barred from being taken under delegated authority, and clarifies that the ban on offshore fossil fuel authorizations “does not limit existing operations under valid leases” and does not apply to authorizations necessary to (1) avoid conditions that might pose a threat to human health, welfare, or safety or (2) avoid adverse impacts to public land or mineral resources.

In announcing the suspension, the Order cites a need to implement a “targeted and time-limited elevation of relevant decisions” at DOI in order to review “the questions of fact, law, and policy they raise.”The directive also states that the Order “ensures that the Department continues its existing operations…consistent with all legal obligations and policy goals to uphold trust and responsibility to tribal nations and to responsibly steward the Nation’s public lands, waters, and resources for current and future generations.”  A related DOI fact sheet clarifies that in addition to not impacting “existing ongoing operations under valid leases,” the Order “does not preclude the issuance of leases, permits and other authorizations by those specified.”

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