[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3752 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3752
To strengthen United States energy security, encourage domestic
production of crude oil, petroleum products, and natural gas, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 3, 2022
Mr. Hoeven (for himself, Mr. Cornyn, Mr. Cramer, Mr. Inhofe, Mr.
Johnson, Mr. Lankford, Ms. Lummis, Mr. Crapo, and Mr. Risch) introduced
the following bill; which was read twice and referred to the Committee
on Energy and Natural Resources
_______________________________________________________________________
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:
``SEC. 3B. ENERGY SECURITY PLAN.
``Not later than 30 days after the date of enactment of this
section, and biennially thereafter, the President shall submit to
Congress an energy security plan that includes--
``(1) an evaluation of United States crude oil, petroleum
products, 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, as described in the Presidential Permit of March 29, 2019 (84
Fed. Reg. 13101 (April 3, 2019)).
(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.
(a) In General.--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 (d), (e), and (f) as
subsections (c), (a), and (b), respectively, and moving
subsection (c) (as so redesignated) to appear after subsection
(b) (as so redesignated); and
(3) by striking the section heading and designation and all
that follows through paragraph (1) of subsection (a) (as so
redesignated) and inserting the following:
``SEC. 3. LNG TERMINALS; AUTHORITY OF THE PRESIDENT TO PROHIBIT IMPORTS
OR EXPORTS OF NATURAL GAS.
``(a) LNG Terminals.--
``(1) Authority of the commission.--
``(A) In general.--The Commission shall have the
exclusive authority to approve or deny an application
for the siting, construction, expansion, or operation
of a facility, including an LNG terminal, to export
natural gas from the United States to a foreign country
or to import natural gas from a foreign country.
``(B) Effect.--Except as specifically provided in
this Act, nothing in this Act affects otherwise
applicable law relating to the authority or
responsibility of any Federal agency relating to
facilities, including LNG terminals, to import or
export natural gas.''; and
(4) by adding at the end the following:
``(d) Rule of Construction Relating to Authority To Prohibit
Imports or Exports.--
``(1) In general.--Nothing in this Act limits the authority
of the President under the Constitution or any provision of law
specified in paragraph (2) to prohibit imports or exports.
``(2) Provisions of law specified.--The provisions of law
specified in this paragraph are--
``(A) the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.);
``(B) the National Emergencies Act (50 U.S.C. 1601
et seq.);
``(C) part B of title II of the Energy Policy and
Conservation Act (42 U.S.C. 6271 et seq.);
``(D) the Trading With the Enemy Act (50 U.S.C.
4301 et seq.); and
``(E) any other provision of law that--
``(i) imposes sanctions with respect to a
foreign person or foreign government, including
the government of a country that is designated
as a state sponsor of terrorism; or
``(ii) prohibits or restricts United States
persons from engaging in a transaction with a
person or government subject to sanctions
imposed by the United States.
``(3) State sponsor of terrorism defined.--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.''.
(b) Conforming Amendment.--Section 60104(d)(2) of title 49, United
States Code, is amended, in the first sentence, by striking ``to import
natural gas or''.
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 section 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 in 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 in 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:
``(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 land
(including submerged land 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
drawdown and subsequent drawdowns, subject to the limitation
described in paragraph (2).
``(2) Limitation.--The plan developed under paragraph (1)
shall not provide for a total increase in the percentage of
Federal land described in paragraph (1) leased for oil and gas
production in excess of 10 percent.
``(3) Consultation.--The Secretary shall prepare the plan
under paragraph (1) in consultation with the Secretary of
Agriculture, the Secretary of the Interior, and the Secretary
of Defense.''.
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