American Energy Act

American Energy Act

This bill sets forth requirements to extend terms for energy drilling permits and to limit the effect of civil actions concerning such permits. Specifically, the bill extends the terms for permits to drill issued under Section 17 of the Mineral Leasing Act from two years to four years.

The bill also requires the Department of the Interior to process an application for an oil or gas drilling permit or other authorizations under a valid existing lease regardless of any pending civil actions affecting the application or related lease.

It also addresses litigation concerning the environmental review of certain oil and gas lease sales held under the Mineral Leasing Act or the Outer Continental Shelf Lands Act. A court may not vacate a lease sale nor otherwise limit, delay, or enjoin related lease activities unless the court concludes that (1) the lease will pose a risk of an imminent and substantial environmental harm, and (2) there is no other equitable remedy available.

In addition, no court may enjoin or issue any order preventing the award of leases to a bidder in a lease sale if Interior has previously opened bids for such leases or disclosed the high bidder for any tract that was included in such lease sale.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1067 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1067

  To amend the Mineral Leasing Act to clarify the effect of a pending 
civil action on the processing of an application for a permit to drill, 
to require courts to remand lease sale Environmental Impact Statements 
to agencies to remedy when necessary, and to establish a term limit for 
                           permits to drill.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2023

    Mrs. Boebert (for herself, Mr. Nehls, Mr. Ogles, Mr. Gosar, Mr. 
     Burlison, Mr. Tiffany, Mr. Stauber, and Mr. Moore of Alabama) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Mineral Leasing Act to clarify the effect of a pending 
civil action on the processing of an application for a permit to drill, 
to require courts to remand lease sale Environmental Impact Statements 
to agencies to remedy when necessary, and to establish a term limit for 
                           permits to drill.

    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 Act''.

SEC. 2. PROCESSING APPLICATIONS FOR PERMITS TO DRILL.

    (a) Effect of Pending Civil Actions.--Section 17(p) of the Mineral 
Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the 
following:
            ``(4) Effect of pending civil action on processing 
        applications for permits to drill.--Pursuant to the 
        requirements of paragraph (2), notwithstanding the existence of 
        any pending civil actions affecting the application or related 
        lease, the Secretary shall process an application for a permit 
        to drill or other authorizations or approvals under a valid 
        existing lease, unless a United States Federal court vacated 
        such lease. Nothing in this paragraph shall be construed as 
        providing authority to a Federal court to vacate a lease.''.
    (b) Term of Permit To Drill.--Section 17 of the Mineral Leasing Act 
(30 U.S.C. 226) is further amended by adding at the end the following:
    ``(t) Term of Permit To Drill.--A permit to drill issued under this 
section after the date of the enactment of this subsection shall be 
valid for one four-year term from the date that the permit is approved, 
or until the lease regarding which the permit is issued expires, 
whichever occurs first.''.

SEC. 3. LEASE SALE LITIGATION.

    (a) Notwithstanding any other provision of law, any oil and gas 
lease sale held under section 17 of the Mineral Leasing Act (26 U.S.C. 
226) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
shall not be vacated and activities on leases awarded in the sale shall 
not be otherwise limited, delayed, or enjoined unless the court 
concludes allowing the development of the challenged lease will pose a 
risk of an imminent and substantial environmental harm and there is no 
other equitable remedy available as a matter of law.
    (b) No court, in response to an action brought pursuant to the 
National Environmental Policy Act of 1969 (42 U.S.C. et seq.), may 
enjoin or issue any order preventing the award of leases to a bidder in 
a lease sale conducted pursuant to section 17 of the Mineral Leasing 
Act (26 U.S.C. 226) or the Outer Continental Shelf Lands Act (43 U.S.C. 
1331 et seq.) if the Department of the Interior has previously opened 
bids for such leases or disclosed the high bidder for any tract that 
was included in such lease sale.
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