What This Bill Does
This bill modifies federal oil and gas leasing rules. It says courts cannot stop drilling permits just because a lawsuit is pending. It also creates a four-year time limit for drilling permits.
Who It Affects
The Secretary of the Interior (the federal official who manages oil and gas leases), oil and gas companies seeking drilling permits, federal courts handling environmental lawsuits, and the Department of the Interior.
Key Provisions
• The Secretary must process drilling permit applications even when civil lawsuits are happening, unless a federal court has canceled the lease itself (Sec. 2(a)).
• New drilling permits last for one four-year term from approval, or until the lease expires, whichever comes first (Sec. 2(b)).
• Courts cannot stop oil and gas lease sales unless the court believes allowing development will create imminent and substantial environmental harm with no other legal solution available (Sec. 3(a)).
• Courts cannot prevent awarding leases to the highest bidder once the Department of the Interior opens bids or announces the high bidder (Sec. 3(b)).
What Changes
Drilling permits now have a maximum four-year duration. Courts face stricter limits on blocking lease sales in environmental lawsuits. The government must continue processing drilling applications despite pending court cases.
Important Definitions
None defined in bill text.
I
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 applica-
tion 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 Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘American Energy
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Act’’.
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•HR 1067 IH
SEC. 2. PROCESSING APPLICATIONS FOR PERMITS TO
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DRILL.
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(a) EFFECT OF PENDING CIVIL ACTIONS.—Section
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17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is
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amended by adding at the end the following:
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‘‘(4) EFFECT OF PENDING CIVIL ACTION ON
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PROCESSING
APPLICATIONS
FOR
PERMITS
TO
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DRILL.—Pursuant to the requirements of paragraph
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(2), notwithstanding the existence of any pending
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civil actions affecting the application or related
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lease, the Secretary shall process an application for
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a permit to drill or other authorizations or approvals
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under a valid existing lease, unless a United States
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Federal court vacated such lease. Nothing in this
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paragraph shall be construed as providing authority
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to a Federal court to vacate a lease.’’.
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(b) TERM OF PERMIT TO DRILL.—Section 17 of the
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Mineral Leasing Act (30 U.S.C. 226) is further amended
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by adding at the end the following:
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‘‘(t) TERM OF PERMIT TO DRILL.—A permit to drill
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issued under this section after the date of the enactment
21
of this subsection shall be valid for one four-year term
22
from the date that the permit is approved, or until the
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lease regarding which the permit is issued expires, which-
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ever occurs first.’’.
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•HR 1067 IH
SEC. 3. LEASE SALE LITIGATION.
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(a) Notwithstanding any other provision of law, any
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oil and gas lease sale held under section 17 of the Mineral
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Leasing Act (26 U.S.C. 226) or the Outer Continental
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Shelf Lands Act (43 U.S.C. 1331 et seq.) shall not be
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vacated and activities on leases awarded in the sale shall
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not be otherwise limited, delayed, or enjoined unless the
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court concludes allowing the development of the challenged
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lease will pose a risk of an imminent and substantial envi-
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ronmental harm and there is no other equitable remedy
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available as a matter of law.
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(b) No court, in response to an action brought pursu-
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ant to the National Environmental Policy Act of 1969 (42
13
U.S.C. et seq.), may enjoin or issue any order preventing
14
the award of leases to a bidder in a lease sale conducted
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pursuant to section 17 of the Mineral Leasing Act (26
16
U.S.C. 226) or the Outer Continental Shelf Lands Act (43
17
U.S.C. 1331 et seq.) if the Department of the Interior
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has previously opened bids for such leases or disclosed the
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high bidder for any tract that was included in such lease
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sale.
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Æ
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