115 HR 7012 IH: Ukraine Assistance and American Energy Acceleration Act U.S. House of Representatives 2022-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 7012IN THE HOUSE OF REPRESENTATIVESMarch 9, 2022Mrs. Boebert (for herself, Mr. Harris, Mrs. Miller of Illinois, Mr. Tiffany, and Mr. Bishop of North Carolina) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Ways and Means, Transportation and Infrastructure, Agriculture, Armed Services, and Foreign Affairs, 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 concernedA BILLTo provide appropriations for certain activities relating to Ukraine, prohibit the importation of certain petroleum products from Russia, Iran, and Venezuela, and for other purposes.

1.

Short title

This Act may be cited as the Ukraine Assistance and American Energy Acceleration Act.

2.

Appropriations for Department of Defense for emergency assistance

(a)

Provision of defense assistance to Ukraine

There is appropriated, out of any money in the Treasury not otherwise appropriated, $1,000,000,000 to the Secretary of Defense for fiscal years 2022 and 2023, to remain available until expended, for Procurement, Defense-wide to provide the Government of Ukraine the following:(1)Small arms, grenade launchers, and ammunition previously allocated for provision to Afghan Security Forces under the Afghan Security Forces Fund.(2)Man-portable missiles and rockets in a ready-to-fire configuration, including Dragon, Javelin, FIM–92 Stinger Missiles, and other light anti-tank weapons (66mm), shoulder-launched multipurpose assault weapon rockets (83mm), M136 (AT4) anti-armor launchers, and cartridges (84mm).(3)Night vision devices, including fused panoramic night-vision goggles, squad binocular night vision goggles, and night vision and thermal and infrared sights for crew-served weapons.(4)Unmanned aerial vehicles (tactical and armed) and crew-served weapons ammunition with low-light and infrared night sights.(5)Secure, commercial-off-the-shelf communications capabilities, including hand-held secure communications devices.(6)Individual protective equipment.(7)Field rations.(8)Field medical kits.(b)

Provision of defense assistance to North Atlantic Treaty Organization members

There is appropriated, out of any money in the Treasury not otherwise appropriated, $1,000,000,000 to the Secretary of Defense for fiscal years 2022 and 2023, to remain available until expended, for Procurement, Defense-wide to provide the Governments of the North Atlantic Treaty Organization with planes, tanks, munitions, and anti-air and anti-tank weaponry to bolster the deterrence efforts of those Governments against an invasion by the Russian Federation and to replace equipment donated by those Governments to the Government of Ukraine.(c)

Procurement of replacement defense articles

(1)

In general

There is appropriated, out of any money in the Treasury not otherwise appropriated, $1,000,000,000 to the Secretary of Defense for fiscal years 2022 and 2023, to remain available until expended, for Procurement to procure defense articles to replace defense articles transferred to Ukraine and members of the North Atlantic Treaty Organization.(2)

Definition of defense article

In this subsection, the term defense article has the meaning given that term in section 47 of the Arms Export Control Act (22 U.S.C. 2794).

3.

Appropriations for Department of State for emergency humanitarian assistance

(a)

International disaster assistance

There is appropriated, out of any money in the Treasury not otherwise appropriated, $500,000,000 to the Secretary of State for fiscal years 2022 and 2023, to remain available until expended, for International Disaster Assistance to address humanitarian needs in Ukraine due to the impact caused by the Russian Federation’s invasion.(b)

Refugee relocation assistance

There is appropriated, out of any money in the Treasury not otherwise appropriated, $250,000,000 to the Secretary of State for fiscal years 2022 and 2023, to remain available until expended, for Refugee Relocation Assistance to provide monetary and personnel assistance for the Polish, Moldovan, and European Union member states that are accepting Ukrainian refugees.

4.

Appropriations for Department of Energy for emergency assistance

(a)

Electrical grid integration

There is appropriated, out of any money in the Treasury not otherwise appropriated, $30,000,000, to the Secretary of Energy for fiscal years 2022 and 2023, to remain available until expended, for Electrical Grid Integration, to integrate the Ukraine electrical grid European Network of Transmission System Operators for Electricity.

5.

Prohibition on importation of Russian, Iranian, and Venezuelan petroleum products

(a)

Prohibition

The President shall prohibit the importation of all petroleum products (as such term is defined in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202)) originating from Russia, Iran, or Venezuela into the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule).(b)

Penalties

The President is authorized to use appropriate authorities to impose such civil or criminal penalties as may be necessary to enforce the prohibition under subsection (a).(c)

Appropriate congressional committees

For purposes of this section, the term appropriate congressional committees means—(1)the Speaker of the House of Representatives and the President pro tempore of the Senate;(2)the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives; and(3)the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Select Committee on Intelligence of the Senate.

6.

Authorization of Keystone XL Pipeline

(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. 1310).(b)

Presidential permits

No Presidential permit or any other Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in subsection (a).

7.

Prohibition on moratoria of new energy leases on Federal land and waters

(a)

Definitions

In this section:(1)

Critical mineral

The term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1601(a)).(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 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)

Inclusions

The term Federal land includes land described in clauses (i) through (iv) in 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 of the President, including—(A)the Secretary of Agriculture;(B)the Secretary of Energy; and(C)the Secretary.(b)

Prohibitions

(1)

In general

Notwithstanding any other provision of law, the President may officially 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 hardrock 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 may 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.

8.

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 environment 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 oil and natural gas 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.), April 1, 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 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 April 1, 2022.(2)

Gulf of Mexico region annual lease sales

Notwithstanding any other provisions of law, no later than 30 days following the enactment of this Act, the Secretary shall conduct a minimum of 4 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 30 days after the enactment of this Act, 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 responsibly 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..

9.

Expedited approval for natural gas interstate pipelines

Subsection (c) of section 7 of the Natural Gas Act (15 U.S.C. 717F(c)) is amended to read as follows:(c)

Certificates of public convenience and necessity

(1)

Application

(A)

Requirement to apply for certificate

(i)

In general

No natural-gas company or person which will be a natural-gas company upon completion of any proposed construction or extension shall engage in the transportation or sale of natural gas, subject to the jurisdiction of the Commission, or undertake the construction or extension of any facilities therefor, or acquire or operate any such facilities or extensions thereof, unless there is in force with respect to such natural-gas company a certificate of public convenience and necessity issued by the Commission authorizing such acts or operations.(ii)

Prior operations

If any such natural-gas company or predecessor in interest was bona fide engaged in transportation or sale of natural gas, subject to the jurisdiction of the Commission, on the effective date of this amendatory Act, over the route or routes or within the area for which application is made and has so operated since that time, the Commission shall issue such certificate without requiring further proof that public convenience and necessity will be served by such operation, and without further proceedings, if application for such certificate is made to the Commission within ninety days after the effective date of this amendatory Act. Pending the determination of any such application, the continuance of such operation shall be lawful.(iii)

Projects that meet safety regulations

With respect to any application for a certificate of public convenience and necessity under clause (i) for which the Commission determines that project covered by the application meets all safety regulations in effect as of the date of the application, the Commission shall issue the certificate without requiring further proof that public convenience and necessity will be served by the project, and without further proceedings.(B)

Hearings

In all cases other than the cases described in clauses (ii) and (iii) of subparagraph (A), the Commission shall set the matter for hearing and shall give such reasonable notice of the hearing thereon to all interested persons as in its judgment may be necessary under rules and regulations to be prescribed by the Commission; and the application shall be decided in accordance with the procedure provided in subsection (e) of this section and such certificate shall be issued or denied accordingly: Provided, however, That the Commission may issue a temporary certificate in cases of emergency, to assure maintenance of adequate service or to serve particular customers, without notice or hearing, pending the determination of an application for a certificate, and may by regulation exempt from the requirements of this section temporary acts or operations for which the issuance of a certificate will not be required in the public interest. .

10.

Domestic environmental impacts

(a)

In general

Section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended—(1)in subparagraph (C)—(A)in the matter preceding clause (i), by inserting in the United States after human environment;(B)in clause (i), by inserting in the United States after proposed action; and(C)in clause (ii), by inserting in the United States after environmental effects; and(2)in subparagraph (F), by inserting in any proposal or other major Federal action that involves the funding or development of projects outside the United States or the exclusive economic zone of the United States, before recognize.(b)

Implementing regulations

Not later than 1 year after the date of enactment of this Act, the Council on Environmental Quality shall revise the implementing regulations of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under subchapter A of chapter V of title 40, Code of Federal Regulations (or successor regulations), in accordance with the amendments made by subsection (a).

11.

Limitation

None of the funds made available by this Act may be used to carry out Federal Energy Regulatory Commission Updated Pipeline Certificate Policy Statement (Public Law 18–1–000) updated February 17, 2022.

12.

Responsible energy production in the Arctic National Wildlife Refuge

(a)

Applicability to section 1002 of the Arctic National Wildlife Refuge

(1)

In general

Notwithstanding any other provision of law, title II of Public Law 115–97 is the law of the land and any Executive order, secretarial order or regulation aiming to block this title shall have no force or effect.

13.

Natural gas exports

(a)

Findings

Congress finds that—(1)increasing clean and safe natural gas exports will lead to increased investment and development of domestic supplies of natural gas that will contribute to job growth and economic development; and(2)the export of clean and safe natural gas to other nations is of vital national interest to the United States.(b)

Natural gas exports

Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended—(1)by inserting or any other nation not excluded by this section after trade in natural gas;(2)by inserting and in any event by not later than 60 days after the date on which the application is received before the period at the end; (3)by striking (c) For purposes and inserting the following:(c)

Expedited application and approval process

(1)

In general

For purposes; and(4)by adding at the end the following:(2)

Exclusions

(A)

In general

Any nation subject to sanctions or trade restrictions imposed by the United States is excluded from expedited approval under paragraph (1).(B)

Designation by President or Congress

The President or Congress may designate nations that may be excluded from expedited approval under paragraph (1) for reasons of national security.(3)

Order not required

No order is required under subsection (a) to authorize the export or import of any natural gas to or from Canada or Mexico..

14.

Pending applications to export natural gas

All applications to export natural gas from the United States to a foreign country submitted under section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a)) during the period beginning on January 1, 2020, and ending on January 1, 2025, are deemed approved.