[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 21 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
1st Session
H. R. 21
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To provide for the development of a plan to increase oil and gas
production under oil and gas leases of Federal lands under the
jurisdiction of the Secretary of Agriculture, the Secretary of Energy,
the Secretary of the Interior, and the Secretary of Defense in
conjunction with a drawdown of petroleum reserves from the Strategic
Petroleum Reserve.
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 ``Strategic Production Response Act''.
SEC. 2. COMPENSATORY PRODUCTION INCREASE 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 and submitted to Congress 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
has been drawn down during the period beginning January 21,
2021, and ending on the date of enactment of this Act, and that
is to be drawn down in that first and subsequent drawdowns,
subject to the limitation under paragraph (2).
``(2) Limitation.--
``(A) In general.--The plan required by paragraph
(1) shall not provide for--
``(i) a total increase in the percentage of
Federal lands described in paragraph (1) leased
for oil and gas production in excess of 15
percent; or
``(ii) the financial benefit or
participation of any entity that has a
contractual relationship with, or is owned,
controlled, or under the influence of, a
foreign entity of concern.
``(B) Definition.--In this paragraph, the term
`foreign entity of concern' means--
``(i) the People's Republic of China;
``(ii) the Democratic People's Republic of
Korea;
``(iii) the Russian Federation;
``(iv) the Islamic Republic of Iran; and
``(v) any other country the government of
which is subject to sanctions imposed by the
United States.
``(3) Consultation.--The Secretary shall, in consultation
with the Secretary of Agriculture, the Secretary of the
Interior, and the Secretary of Defense--
``(A) prepare the plan required by paragraph (1);
and
``(B) ensure such plan will not result in the sale
of petroleum products drawn down from the Reserve to
Iran, China, North Korea, or Russia.
``(4) Submission to congress.--The Secretary shall submit
the plan developed under paragraph (1) to the Committees on
Armed Services, Agriculture, Energy and Commerce, and Natural
Resources of the House of Representatives and the Committees on
Energy and Natural Resources, Environment and Public Works,
Armed Services, and Agriculture, Nutrition, and Forestry of the
Senate.
``(5) Thompson divide.--As part of the plan developed under
paragraph (1), the Secretary shall identify areas to lease
within the approximately 224,793.73 acres, including
approximately 200,518.28 acres of National Forest System lands,
approximately 15,464.99 acres of public lands, and
approximately 8,810.46 acres of reserved Federal mineral
interest within the Thompson Divide area in Colorado.
``(6) Requirements.--The plan required by paragraph (1)
shall include a list of parcels planned to be offered for
lease, including, for each such parcel--
``(A) the size of the parcel, by acre;
``(B) the location of the parcel; and
``(C) any permits and approvals necessary to access
the parcel and produce oil and gas on the parcel.''.
SEC. 3. NO EFFECT ON CERTAIN WITHDRAWALS OF FEDERAL LANDS.
Nothing in this Act, or any amendments made by this Act, shall
affect the Presidential memorandum titled ``Memorandum on the
Withdrawal of Certain Areas of the United States Outer Continental
Shelf from Leasing Disposition'' and dated September 8, 2020.
SEC. 4. NO EFFECT ON EXISTING LEASING RESTRICTIONS.
Nothing in this Act, or the amendments made by this Act, shall
affect any statutory or regulatory restrictions in effect on the date
of enactment of this Act (including any withdrawal of Federal land)
that may prohibit oil and gas leasing within the area designated as the
North Atlantic Planning Area.
SEC. 5. NO EFFECT ON EXISTING LEASING RESTRICTIONS.
Nothing in this Act, or the amendments made by this Act, shall
affect any statutory or regulatory restrictions in effect on the date
of enactment of this Act (including any withdrawal of Federal land)
that may prohibit oil and gas leasing within the area designated as the
South Atlantic Planning Area.
SEC. 6. RULE OF CONSTRUCTION WITH RESPECT TO ABUSE OF EMERGENCY
DECLARATIONS.
Nothing in this Act, or the amendments made by this Act, may be
construed to authorize the President to make a determination under
section 161(d) of the Energy Policy and Conservation Act (42 U.S.C.
6241(d)) that an emergency situation exists in order for the Secretary
of Energy to draw down and sell petroleum products under such
subsection for political, non-emergency purposes.
Passed the House of Representatives January 27, 2023.
Attest:
CHERYL L. JOHNSON,
Clerk.