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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Energy 

5 Act’’. 


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1 SEC. 2. PROCESSING APPLICATIONS FOR PERMITS TO 

2 DRILL. 

3 (a) EFFECT OF PENDING CIVIL ACTIONS.—Section 

4 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is 

5 amended by adding at the end the following: 

6 ‘‘(4) EFFECT OF PENDING CIVIL ACTION ON

7 PROCESSING APPLICATIONS FOR PERMITS TO

8 DRILL.—Pursuant to the requirements of paragraph 

9 (2), notwithstanding the existence of any pending 

10 civil actions affecting the application or related 

11 lease, the Secretary shall process an application for 

12 a permit to drill or other authorizations or approvals 

13 under a valid existing lease, unless a United States 

14 Federal court vacated such lease. Nothing in this 

15 paragraph shall be construed as providing authority 

16 to a Federal court to vacate a lease.’’. 

17 (b) TERM OF PERMIT TO DRILL.—Section 17 of the 

18 Mineral Leasing Act (30 U.S.C. 226) is further amended 

19 by adding at the end the following: 

20 ‘‘(t) TERM OF PERMIT TO DRILL.—A permit to drill 

21 issued under this section after the date of the enactment 

22 of this subsection shall be valid for one four-year term 

23 from the date that the permit is approved, or until the 

24 lease regarding which the permit is issued expires, which25 ever occurs first.’’. 

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1 SEC. 3. LEASE SALE LITIGATION. 

2 (a) Notwithstanding any other provision of law, any 

3 oil and gas lease sale held under section 17 of the Mineral 

4 Leasing Act (26 U.S.C. 226) or the Outer Continental 

5 Shelf Lands Act (43 U.S.C. 1331 et seq.) shall not be 

6 vacated and activities on leases awarded in the sale shall 

7 not be otherwise limited, delayed, or enjoined unless the 

8 court concludes allowing the development of the challenged 

9 lease will pose a risk of an imminent and substantial envi10 ronmental harm and there is no other equitable remedy 

11 available as a matter of law. 

12 (b) No court, in response to an action brought pursu13 ant to the National Environmental Policy Act of 1969 (42 

14 U.S.C. et seq.), may enjoin or issue any order preventing 

15 the award of leases to a bidder in a lease sale conducted 

16 pursuant to section 17 of the Mineral Leasing Act (26 

17 U.S.C. 226) or the Outer Continental Shelf Lands Act (43 

18 U.S.C. 1331 et seq.) if the Department of the Interior 

19 has previously opened bids for such leases or disclosed the 

20 high bidder for any tract that was included in such lease 

21 sale. 

Æ 


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