II 

117TH CONGRESS 

2D SESSION S. 3752 

To strengthen United States energy security, encourage domestic production 

of crude oil, petroleum products, and natural gas, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 3, 2022 

Mr. HOEVEN (for himself, Mr. CORNYN, Mr. CRAMER, Mr. INHOFE, Mr. 

JOHNSON, Mr. LANKFORD, Ms. LUMMIS, Mr. CRAPO, and Mr. RISCH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To strengthen United States energy security, encourage domestic production of crude oil, petroleum products, and 

natural gas, and for other purposes. 

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 Inde5 pendence from Russia Act’’. 

6 SEC. 2. ENERGY SECURITY PLAN. 

7 The Natural Gas Act is amended by inserting after 

8 section 3A (15 U.S.C. 717b–1) the following: 


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1 ‘‘SEC. 3B. ENERGY SECURITY PLAN. 

2 ‘‘Not later than 30 days after the date of enactment 

3 of this section, and biennially thereafter, the President 

4 shall submit to Congress an energy security plan that in5 cludes— 

6 ‘‘(1) an evaluation of United States crude oil, 

7 petroleum products, and natural gas imports and ex8 ports; 

9 ‘‘(2) an energy security risk assessment, by 

10 country of origin, of importing crude oil, petroleum 

11 products, and natural gas to the United States; and 

12 ‘‘(3) strategies, including changes to Federal 

13 policies and regulations, to encourage increased do14 mestic production of crude oil, petroleum products, 

15 and natural gas in order to offset any amounts of 

16 crude oil, petroleum products, and natural gas im17 ported to the United States from Russia.’’. 

18 SEC. 3. KEYSTONE XL AUTHORIZATION. 

19 (a) AUTHORIZATION.—TransCanada Keystone Pipe20 line, L.P., may construct, connect, operate, and maintain 

21 the pipeline facilities at the international border of the 

22 United States and Canada at Phillips County, Montana, 

23 for the import of oil from Canada to the United States, 

24 as described in the Presidential Permit of March 29, 2019 

25 (84 Fed. Reg. 13101 (April 3, 2019)). 


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1 (b) NO PRESIDENTIAL PERMIT REQUIRED.—No 

2 Presidential permit (or similar permit) under Executive 

3 Order 13867 (3 U.S.C. 301 note; relating to the issuance 

4 of permits with respect to facilities and land transpor5 tation crossings at the international boundaries of the 

6 United States), Executive Order 12038 (42 U.S.C. 7151 

7 note; relating to the transfer of certain functions to the 

8 Secretary of Energy), Executive Order 10485 (15 U.S.C. 

9 717b note; relating to the performance of functions re10 specting electric power and natural gas facilities located 

11 on United States borders), or any other Executive order 

12 shall be required for the construction, connection, oper13 ation, or maintenance of the pipeline facilities described 

14 in subsection (a). 

15 SEC. 4. ADVANCING UNITED STATES GLOBAL LEADERSHIP. 

16 (a) IN GENERAL.—Section 3 of the Natural Gas Act 

17 (15 U.S.C. 717b) is amended— 

18 (1) by striking subsections (a) through (c); 

19 (2) by redesignating subsections (d), (e), and 

20 (f) as subsections (c), (a), and (b), respectively, and 

21 moving subsection (c) (as so redesignated) to appear 

22 after subsection (b) (as so redesignated); and 

23 (3) by striking the section heading and designa24 tion and all that follows through paragraph (1) of 


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1 subsection (a) (as so redesignated) and inserting the 

2 following: 

3 ‘‘SEC. 3. LNG TERMINALS; AUTHORITY OF THE PRESIDENT 

4 TO PROHIBIT IMPORTS OR EXPORTS OF NAT5 URAL GAS. 

6 ‘‘(a) LNG TERMINALS.— 

7 ‘‘(1) AUTHORITY OF THE COMMISSION.— 

8 ‘‘(A) IN GENERAL.—The Commission shall 

9 have the exclusive authority to approve or deny 

10 an application for the siting, construction, ex11 pansion, or operation of a facility, including an 

12 LNG terminal, to export natural gas from the 

13 United States to a foreign country or to import 

14 natural gas from a foreign country. 

15 ‘‘(B) EFFECT.—Except as specifically pro16 vided in this Act, nothing in this Act affects 

17 otherwise applicable law relating to the author18 ity or responsibility of any Federal agency re19 lating to facilities, including LNG terminals, to 

20 import or export natural gas.’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(d) RULE OF CONSTRUCTION RELATING TO AU23 THORITY TO PROHIBIT IMPORTS OR EXPORTS.— 

24 ‘‘(1) IN GENERAL.—Nothing in this Act limits 

25 the authority of the President under the ConstituVerDate Sep 11 2014 04:29 Mar 05, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3752.IS S3752

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1 tion or any provision of law specified in paragraph 

2 (2) to prohibit imports or exports. 

3 ‘‘(2) PROVISIONS OF LAW SPECIFIED.—The 

4 provisions of law specified in this paragraph are— 

5 ‘‘(A) the International Emergency Eco6 nomic Powers Act (50 U.S.C. 1701 et seq.); 

7 ‘‘(B) the National Emergencies Act (50 

8 U.S.C. 1601 et seq.); 

9 ‘‘(C) part B of title II of the Energy Policy 

10 and Conservation Act (42 U.S.C. 6271 et seq.); 

11 ‘‘(D) the Trading With the Enemy Act (50 

12 U.S.C. 4301 et seq.); and 

13 ‘‘(E) any other provision of law that— 

14 ‘‘(i) imposes sanctions with respect to 

15 a foreign person or foreign government, in16 cluding the government of a country that 

17 is designated as a state sponsor of ter18 rorism; or 

19 ‘‘(ii) prohibits or restricts United 

20 States persons from engaging in a trans21 action with a person or government subject 

22 to sanctions imposed by the United States. 

23 ‘‘(3) STATE SPONSOR OF TERRORISM DE24 FINED.—In this subsection, the term ‘state sponsor 

25 of terrorism’ means a country the government of 


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1 which the Secretary of State determines has repeat2 edly provided support for international terrorism 

3 pursuant to— 

4 ‘‘(A) section 1754(c)(1)(A) of the Export 

5 Control Reform Act of 2018 (50 U.S.C. 

6 4318(c)(1)(A)); 

7 ‘‘(B) section 620A of the Foreign Assist8 ance Act of 1961 (22 U.S.C. 2371); 

9 ‘‘(C) section 40 of the Arms Export Con10 trol Act (22 U.S.C. 2780); or 

11 ‘‘(D) any other provision of law.’’. 

12 (b) CONFORMING AMENDMENT.—Section 

13 60104(d)(2) of title 49, United States Code, is amended, 

14 in the first sentence, by striking ‘‘to import natural gas 

15 or’’. 

16 SEC. 5. PROHIBITION ON MORATORIA OF NEW ENERGY 

17 LEASES ON CERTAIN FEDERAL LAND AND ON 

18 WITHDRAWAL OF FEDERAL LAND FROM EN19 ERGY DEVELOPMENT. 

20 (a) DEFINITIONS.—In this section: 

21 (1) CRITICAL MINERAL.—The term ‘‘critical 

22 mineral’’ means any mineral included on the list of 

23 critical minerals published in the notice of the Sec24 retary of the Interior entitled ‘‘Final List of Critical 


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1 Minerals 2018’’ (83 Fed. Reg. 23295 (May 18, 

2 2018)). 

3 (2) FEDERAL LAND.— 

4 (A) IN GENERAL.—The term ‘‘Federal 

5 land’’ means— 

6 (i) National Forest System land; 

7 (ii) public lands (as defined in section 

8 103 of the Federal Land Policy and Man9 agement Act of 1976 (43 U.S.C. 1702)); 

10 (iii) the outer Continental Shelf (as 

11 defined in section 2 of the Outer Conti12 nental Shelf Lands Act (43 U.S.C. 1331)); 

13 and 

14 (iv) land managed by the Secretary of 

15 Energy. 

16 (B) INCLUSION.—The term ‘‘Federal 

17 land’’ includes land described in clauses (i) 

18 through (iv) of subparagraph (A) for which the 

19 rights to the surface estate or subsurface estate 

20 are owned by a non-Federal entity. 

21 (3) PRESIDENT.—The term ‘‘President’’ means 

22 the President or any designee, including— 

23 (A) the Secretary of Agriculture; 

24 (B) the Secretary of Energy; and 

25 (C) the Secretary of the Interior. 


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1 (b) PROHIBITIONS.— 

2 (1) IN GENERAL.—Notwithstanding any other 

3 provision of law, the President shall not carry out 

4 any action that would prohibit or substantially delay 

5 the issuance of any of the following on Federal land, 

6 unless such an action has been authorized by an Act 

7 of Congress: 

8 (A) New oil and gas leases, drill permits, 

9 approvals, or authorizations. 

10 (B) New coal leases, permits, approvals, or 

11 authorizations. 

12 (C) New hard rock leases, permits, approv13 als, or authorizations. 

14 (D) New critical minerals leases, permits, 

15 approvals, or authorizations. 

16 (2) PROHIBITION ON WITHDRAWAL.—Notwith17 standing any other provision of law, the President 

18 shall not withdraw any Federal land from forms of 

19 entry, appropriation, or disposal under the public 

20 land laws, location, entry, and patent under the min21 ing laws, or disposition under laws pertaining to 

22 mineral and geothermal leasing or mineral materials 

23 unless the withdrawal has been authorized by an Act 

24 of Congress. 


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1 SEC. 6. OIL AND NATURAL GAS LEASING. 

2 (a) ONSHORE LEASE SALES.— 

3 (1) REQUIREMENT TO IMMEDIATELY RESUME

4 ONSHORE OIL AND GAS LEASE SALES.— 

5 (A) IN GENERAL.—The Secretary of the 

6 Interior (referred to in this section as the ‘‘Sec7 retary’’) shall immediately resume oil and gas 

8 lease sales in compliance with the Mineral Leas9 ing Act (30 U.S.C. 181 et seq.). 

10 (B) REQUIREMENT.—The Secretary shall 

11 ensure that any oil and gas lease sale under 

12 subparagraph (A) is conducted immediately on 

13 completion of all applicable scoping, public com14 ment, and environmental analysis requirements 

15 under the Mineral Leasing Act (30 U.S.C. 181 

16 et seq.) and the National Environmental Policy 

17 Act of 1969 (42 U.S.C. 4321 et seq.). 

18 (2) ANNUAL LEASE SALES.— 

19 (A) IN GENERAL.—Notwithstanding any 

20 other provision of law, in accordance with the 

21 Mineral Leasing Act (30 U.S.C. 181 et seq.), 

22 beginning in fiscal year 2022, the Secretary 

23 shall conduct a minimum of 4 oil and natural 

24 gas lease sales annually in each of the following 

25 States: 

26 (i) Wyoming. 


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1 (ii) New Mexico. 

2 (iii) Colorado. 

3 (iv) Utah. 

4 (v) Montana. 

5 (vi) North Dakota. 

6 (vii) Oklahoma. 

7 (viii) Nevada. 

8 (ix) Any other State in which there is 

9 land available for oil and natural gas leas10 ing under that Act. 

11 (B) REQUIREMENT.—In conducting a lease 

12 sale under subparagraph (A) in a State de13 scribed in that subparagraph, the Secretary 

14 shall offer all parcels eligible for oil and gas de15 velopment under the resource management plan 

16 in effect for the State. 

17 (C) REPLACEMENT SALES.—If, for any 

18 reason, a lease sale under subparagraph (A) for 

19 a calendar year is canceled, delayed, or de20 ferred, including for a lack of eligible parcels, 

21 the Secretary shall conduct a replacement sale 

22 during the same calendar year. 

23 (b) OFFSHORE LEASE SALES.— 

24 (1) IN GENERAL.—The Secretary shall conduct 

25 all lease sales described in the 2017–2022 Outer 


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1 Continental Shelf Oil and Gas Leasing Proposed 

2 Final Program (November 2016) that have not been 

3 conducted as of the date of enactment of this Act by 

4 not later than December 31, 2022. 

5 (2) GULF OF MEXICO REGION ANNUAL LEASE

6 SALES.—Notwithstanding any other provision of law, 

7 beginning in fiscal year 2022, the Secretary shall 

8 conduct a minimum of 2 region-wide oil and natural 

9 gas lease sales annually in the Gulf of Mexico Re10 gion of the outer Continental Shelf, which shall in11 clude the following areas described in the 2017– 

12 2022 Outer Continental Shelf Oil and Gas Leasing 

13 Proposed Final Program (November 2016): 

14 (A) The Central Gulf of Mexico Planning 

15 Area. 

16 (B) The Western Gulf of Mexico Planning 

17 Area. 

18 (3) ALASKA REGION ANNUAL LEASE SALES.— 

19 Notwithstanding any other provision of law, begin20 ning in fiscal year 2022, the Secretary shall conduct 

21 a minimum of 2 region-wide oil and natural gas 

22 lease sales annually in the Alaska Region of the 

23 outer Continental Shelf, as described in the 2017– 

24 2022 Outer Continental Shelf Oil and Gas Leasing 

25 Proposed Final Program (November 2016). 


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1 (4) REQUIREMENTS.—In conducting lease sales 

2 under paragraphs (2) and (3), the Secretary shall— 

3 (A) issue leases to the highest responsible 

4 qualified bidder or bidders; and 

5 (B) include in each lease sale all unleased 

6 areas that are not subject to restrictions as of 

7 the date of the lease sale. 

8 (5) OUTER CONTINENTAL SHELF OIL AND GAS

9 LEASING PROGRAM.—Section 18 of the Outer Conti10 nental Shelf Lands Act (43 U.S.C. 1344) is amend11 ed— 

12 (A) in subsection (a), in the first sentence 

13 of the matter preceding paragraph (1), by strik14 ing ‘‘subsections (c) and (d) of this section’’ 

15 and inserting ‘‘subsections (c) through (f)’’; 

16 (B) by redesignating subsections (f) 

17 through (h) as subsections (g) through (i), re18 spectively; and 

19 (C) by inserting after subsection (e) the 

20 following: 

21 ‘‘(f) SUBSEQUENT LEASING PROGRAMS.— 

22 ‘‘(1) IN GENERAL.—Not later than 36 months 

23 after conducting the first lease sale under an oil and 

24 gas leasing program prepared pursuant to this sec25 tion, the Secretary shall begin preparing the subseVerDate Sep 11 2014 04:29 Mar 05, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3752.IS S3752

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1 quent oil and gas leasing program under this sec2 tion. 

3 ‘‘(2) REQUIREMENT.—Each subsequent oil and 

4 gas leasing program under this section shall be ap5 proved not later than 180 days before the expiration 

6 of the previous oil and gas leasing program.’’. 

7 SEC. 7. STRATEGIC PRODUCTION RESPONSE PLAN. 

8 Section 161 of the Energy Policy and Conservation 

9 Act (42 U.S.C. 6241) is amended by adding at the end 

10 the following: 

11 ‘‘(k) PLAN.— 

12 ‘‘(1) IN GENERAL.—Except in the case of a se13 vere energy supply interruption described in sub14 section (d), the Secretary may not execute the first 

15 drawdown of petroleum products in the Reserve 

16 after the date of enactment of this subsection, 

17 whether through sale, exchange, or loan, until the 

18 Secretary has developed a plan to increase the per19 centage of Federal land (including submerged land 

20 of the outer Continental Shelf) under the jurisdic21 tion of the Secretary of Agriculture, the Secretary of 

22 Energy, the Secretary of the Interior, and the Sec23 retary of Defense leased for oil and gas production 

24 by the same percentage as the percentage of petro25 leum in the Strategic Petroleum Reserve that is to 


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1 be drawn down in that first drawdown and subse2 quent drawdowns, subject to the limitation described 

3 in paragraph (2). 

4 ‘‘(2) LIMITATION.—The plan developed under 

5 paragraph (1) shall not provide for a total increase 

6 in the percentage of Federal land described in para7 graph (1) leased for oil and gas production in excess 

8 of 10 percent. 

9 ‘‘(3) CONSULTATION.—The Secretary shall pre10 pare the plan under paragraph (1) in consultation 

11 with the Secretary of Agriculture, the Secretary of 

12 the Interior, and the Secretary of Defense.’’. 

Æ 


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