American Energy Independence from Russia Act
This bill addresses U.S. energy security, the production of oil and gas, and the importation and exportation of oil and gas.
Specifically, the President must submit an energy security plan that (1) evaluates U.S. crude oil, petroleum products, and natural gas imports and exports; (2) assesses the energy security risks of such imports; and (3) includes strategies to encourage increased domestic production of crude oil, petroleum products, and natural gas to offset Russian imports.
The bill also approves the TransCanada Keystone Pipeline in Phillips County, Montana for the import of oil from Canada to the United States.
In addition, the bill grants the Federal Energy Regulatory Commission the authority to approve or deny applications for facilities to export natural gas from the United States to foreign countries or import natural gas from foreign countries.
The President and federal agencies must obtain congressional approval before (1) prohibiting or substantially delaying certain new energy mineral leases or permits on federal lands, or (2) withdrawing certain federal lands from mineral and geothermal leasing activities.
The Department of the Interior must resume issuing oil and gas leases on federal lands and offshore submerged lands in the Outer Continental Shelf as specified under the bill.
Finally, the bill limits the drawdown of petroleum in the Strategic Petroleum Reserve until the Department of Energy develops a plan to increase the percentage of federal lands leased for oil and gas production.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6858 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6858
To strengthen United States energy security, encourage domestic
production of crude oil, petroleum products, and natural gas, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 28, 2022
Mrs. Rodgers of Washington (for herself, Mr. Westerman, Mr. McCarthy,
Mr. Scalise, Mr. Upton, Mr. Burgess, Mr. Latta, Mr. Guthrie, Mr.
McKinley, Mr. Griffith, Mr. Bilirakis, Mr. Johnson of Ohio, Mr. Long,
Mr. Bucshon, Mr. Mullin, Mr. Hudson, Mr. Walberg, Mr. Carter of
Georgia, Mr. Duncan, Mr. Palmer, Mr. Dunn, Mr. Curtis, Mrs. Lesko, Mr.
Pence, Mr. Crenshaw, Mr. Joyce of Pennsylvania, Mr. Armstrong, Mr.
Bentz, Mrs. Boebert, Mr. Carl, Mr. Fulcher, Mr. Gosar, Ms. Herrell, Mr.
Hice of Georgia, Mr. Lamborn, Mr. McClintock, Mr. Moore of Utah, Mr.
Obernolte, Mrs. Radewagen, Mr. Rosendale, Mr. Stauber, Mr. Tiffany, Mr.
Webster of Florida, and Mr. Wittman) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on Transportation and Infrastructure,
Natural Resources, and Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To strengthen United States energy security, encourage domestic
production of crude oil, petroleum products, and natural gas, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Energy Independence from
Russia Act''.
SEC. 2. ENERGY SECURITY PLAN.
The Natural Gas Act is amended by inserting after section 3A (15
U.S.C. 717b-1) the following:
``energy security plan
``Sec. 3B. Not later than 30 days after the date of enactment of
this section, and biennially thereafter, the President shall transmit
to Congress an energy security plan which shall include--
``(1) an evaluation of United States crude oil, petroleum
product, and natural gas imports and exports;
``(2) an energy security risk assessment, by country of
origin, of importing crude oil, petroleum products, and natural
gas to the United States; and
``(3) strategies, including changes to Federal policies and
regulations, to encourage increased domestic production of
crude oil, petroleum products, and natural gas in order to
offset any amounts of crude oil, petroleum products, and
natural gas imported to the United States from Russia.''.
SEC. 3. KEYSTONE XL AUTHORIZATION.
(a) Authorization.--TransCanada Keystone Pipeline, L.P., may
construct, connect, operate, and maintain the pipeline facilities at
the international border of the United States and Canada at Phillips
County, Montana, for the import of oil from Canada to the United States
described in the Presidential Permit of March 29, 2019 (84 Fed. Reg.
13101).
(b) No Presidential Permit Required.--No Presidential permit (or
similar permit) under Executive Order 13867 (3 U.S.C. 301 note;
relating to the issuance of permits with respect to facilities and land
transportation crossings at the international boundaries of the United
States), Executive Order 12038 (42 U.S.C. 7151 note; relating to the
transfer of certain functions to the Secretary of Energy), Executive
Order 10485 (15 U.S.C. 717b note; relating to the performance of
functions respecting electric power and natural gas facilities located
on United States borders), or any other Executive order shall be
required for the construction, connection, operation, or maintenance of
the pipeline facilities described in subsection (a).
SEC. 4. ADVANCING UNITED STATES GLOBAL LEADERSHIP.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended--
(1) by striking subsections (a) through (c);
(2) by redesignating subsections (e) and (f) as subsections
(a) and (b), respectively;
(3) by redesignating subsection (d) as subsection (c), and
moving such subsection after subsection (b), as so
redesignated;
(4) in subsection (a), as so redesignated, by amending
paragraph (1) to read as follows: ``(1) The Commission shall
have the exclusive authority to approve or deny an application
for the siting, construction, expansion, or operation of a
facility to export natural gas from the United States to a
foreign country or import natural gas from a foreign country,
including an LNG terminal. Except as specifically provided in
this Act, nothing in this Act is intended to affect otherwise
applicable law related to any Federal agency's authorities or
responsibilities related to facilities to import or export
natural gas, including LNG terminals.''; and
(5) by adding at the end the following new subsection:
``(d)(1) Nothing in this Act limits the authority of the President
under the Constitution, the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601
et seq.), part B of title II of the Energy Policy and Conservation Act
(42 U.S.C. 6271 et seq.), the Trading With the Enemy Act (50 U.S.C.
4301 et seq.), or any other provision of law that imposes sanctions on
a foreign person or foreign government (including any provision of law
that prohibits or restricts United States persons from engaging in a
transaction with a sanctioned person or government), including a
country that is designated as a state sponsor of terrorism, to prohibit
imports or exports.
``(2) In this subsection, the term `state sponsor of terrorism'
means a country the government of which the Secretary of State
determines has repeatedly provided support for international terrorism
pursuant to--
``(A) section 1754(c)(1)(A) of the Export Control Reform
Act of 2018 (50 U.S.C. 4318(c)(1)(A));
``(B) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371);
``(C) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
``(D) any other provision of law.''.
SEC. 5. PROHIBITION ON MORATORIA OF NEW ENERGY LEASES ON CERTAIN
FEDERAL LAND AND ON WITHDRAWAL OF FEDERAL LAND FROM
ENERGY DEVELOPMENT.
(a) Definitions.--In this section:
(1) Critical mineral.--The term ``critical mineral'' means
any mineral included on the list of critical minerals published
in the notice of the Secretary of the Interior entitled ``Final
List of Critical Minerals 2018'' (83 Fed. Reg. 23295 (May 18,
2018)).
(2) Federal land.--
(A) In general.--The term ``Federal land'' means--
(i) National Forest System land;
(ii) public lands (as defined in section
103 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702));
(iii) the outer Continental Shelf (as
defined in section 2 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1331)); and
(iv) land managed by the Secretary of
Energy.
(B) Inclusion.--The term ``Federal land'' includes
land described in clauses (i) through (iv) of
subparagraph (A) for which the rights to the surface
estate or subsurface estate are owned by a non-Federal
entity.
(3) President.--The term ``President'' means the President
or any designee, including--
(A) the Secretary of Agriculture;
(B) the Secretary of Energy; and
(C) the Secretary of the Interior.
(b) Prohibitions.--
(1) In general.--Notwithstanding any other provision of
law, the President shall not carry out any action that would
prohibit or substantially delay the issuance of any of the
following on Federal land, unless such an action has been
authorized by an Act of Congress:
(A) New oil and gas leases, drill permits,
approvals, or authorizations.
(B) New coal leases, permits, approvals, or
authorizations.
(C) New hard rock leases, permits, approvals, or
authorizations.
(D) New critical minerals leases, permits,
approvals, or authorizations.
(2) Prohibition on withdrawal.--Notwithstanding any other
provision of law, the President shall not withdraw any Federal
land from forms of entry, appropriation, or disposal under the
public land laws, location, entry, and patent under the mining
laws, or disposition under laws pertaining to mineral and
geothermal leasing or mineral materials unless the withdrawal
has been authorized by an Act of Congress.
SEC. 6. OIL AND NATURAL GAS LEASING.
(a) Onshore Lease Sales.--
(1) Requirement to immediately resume onshore oil and gas
lease sales.--
(A) In general.--The Secretary of the Interior
(referred to in this Act as the ``Secretary'') shall
immediately resume oil and gas lease sales in
compliance with the Mineral Leasing Act (30 U.S.C. 181
et seq.).
(B) Requirement.--The Secretary shall ensure that
any oil and gas lease sale under subparagraph (A) is
conducted immediately on completion of all applicable
scoping, public comment, and environmental analysis
requirements under the Mineral Leasing Act (30 U.S.C.
181 et seq.) and the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(2) Annual lease sales.--
(A) In general.--Notwithstanding any other
provision of law, in accordance with the Mineral
Leasing Act (30 U.S.C. 181 et seq.), beginning in
fiscal year 2022, the Secretary shall conduct a minimum
of 4 oil and natural gas lease sales annually in each
of the following States:
(i) Wyoming.
(ii) New Mexico.
(iii) Colorado.
(iv) Utah.
(v) Montana.
(vi) North Dakota.
(vii) Oklahoma.
(viii) Nevada.
(ix) Any other State in which there is land
available for oil and natural gas leasing under
that Act.
(B) Requirement.--In conducting a lease sale under
subparagraph (A) in a State described in that
subparagraph, the Secretary shall offer all parcels
eligible for oil and gas development under the resource
management plan in effect for the State.
(C) Replacement sales.--If, for any reason, a lease
sale under subparagraph (A) for a calendar year is
canceled, delayed, or deferred, including for a lack of
eligible parcels, the Secretary shall conduct a
replacement sale during the same calendar year.
(b) Offshore Lease Sales.--
(1) In general.--The Secretary shall conduct all lease
sales described in the 2017-2022 Outer Continental Shelf Oil
and Gas Leasing Proposed Final Program (November 2016) that
have not been conducted as of the date of enactment of this Act
by not later than December 31, 2022.
(2) Gulf of mexico region annual lease sales.--
Notwithstanding any other provision of law, beginning in fiscal
year 2022, the Secretary shall conduct a minimum of 2 region-
wide oil and natural gas lease sales annually in the Gulf of
Mexico Region of the outer Continental Shelf, which shall
include the following areas described the 2017-2022 Outer
Continental Shelf Oil and Gas Leasing Proposed Final Program
(November 2016):
(A) The Central Gulf of Mexico Planning Area.
(B) The Western Gulf of Mexico Planning Area.
(3) Alaska region annual lease sales.--Notwithstanding any
other provision of law, beginning in fiscal year 2022, the
Secretary shall conduct a minimum of 2 region-wide oil and
natural gas lease sales annually in the Alaska Region of the
outer Continental Shelf, as described the 2017-2022 Outer
Continental Shelf Oil and Gas Leasing Proposed Final Program
(November 2016).
(4) Requirements.--In conducting lease sales under
paragraphs (2) and (3) the Secretary shall--
(A) issue leases to the highest responsible
qualified bidder or bidders; and
(B) include in each lease sale all unleased areas
that are not subject to restrictions as of the date of
the lease sale.
(5) Outer continental shelf oil and gas leasing program.--
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended--
(A) in subsection (a), in the first sentence of the
matter preceding paragraph (1), by striking
``subsections (c) and (d) of this section'' and
inserting ``subsections (c) through (f)'';
(B) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively; and
(C) by inserting after subsection (e) the
following:
``(f) Subsequent Leasing Programs.--
``(1) In general.--Not later than 36 months after
conducting the first lease sale under an oil and gas leasing
program prepared pursuant to this section, the Secretary shall
begin preparing the subsequent oil and gas leasing program
under this section.
``(2) Requirement.--Each subsequent oil and gas leasing
program under this section shall be approved not later than 180
days before the expiration of the previous oil and gas leasing
program.''.
SEC. 7. STRATEGIC PRODUCTION RESPONSE PLAN.
Section 161 of the Energy Policy and Conservation Act (42 U.S.C.
6241) is amended by adding at the end the following new subsection:
``(k) Plan.--
``(1) In general.--Except in the case of a severe energy
supply interruption described in subsection (d), the Secretary
may not execute the first drawdown of petroleum products in the
Reserve after the date of enactment of this subsection, whether
through sale, exchange, or loan, until the Secretary has
developed a plan to increase the percentage of Federal lands
(including submerged lands of the Outer Continental Shelf)
under the jurisdiction of the Secretary of Agriculture, the
Secretary of Energy, the Secretary of the Interior, and the
Secretary of Defense leased for oil and gas production by the
same percentage as the percentage of petroleum in the Strategic
Petroleum Reserve that is to be drawn down in that first and
subsequent drawdowns, subject to the limitation under paragraph
(2).
``(2) Limitation.--The plan required by paragraph (1) shall
not provide for a total increase in the percentage of Federal
lands described in paragraph (1) leased for oil and gas
production in excess of 10 percent.
``(3) Consultation.--The Secretary shall prepare the plan
required by paragraph (1) in consultation with the Secretary of
Agriculture, the Secretary of the Interior, and the Secretary
of Defense.''.
<all>
Introduced in House
Introduced in House
Referred to the Subcommittee on Energy.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Natural Resources, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Natural Resources, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Natural Resources, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Natural Resources, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
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Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit.