[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.