IIB 

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. 


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HR 21 RFS

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 ‘‘Strategic Production 

5 Response Act’’. 

6 SEC. 2. COMPENSATORY PRODUCTION INCREASE PLAN. 

7 Section 161 of the Energy Policy and Conservation 

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

9 the following new subsection: 

10 ‘‘(k) PLAN.— 

11 ‘‘(1) IN GENERAL.—Except in the case of a se12 vere energy supply interruption described in sub13 section (d), the Secretary may not execute the first 

14 drawdown of petroleum products in the Reserve 

15 after the date of enactment of this subsection, 

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

17 Secretary has developed and submitted to Congress 

18 a plan to increase the percentage of Federal lands 

19 (including submerged lands of the Outer Continental 

20 Shelf) under the jurisdiction of the Secretary of Ag21 riculture, the Secretary of Energy, the Secretary of 

22 the Interior, and the Secretary of Defense leased for 

23 oil and gas production by the same percentage as 

24 the percentage of petroleum in the Strategic Petro25 leum Reserve that has been drawn down during the 


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1 period beginning January 21, 2021, and ending on 

2 the date of enactment of this Act, and that is to be 

3 drawn down in that first and subsequent 

4 drawdowns, subject to the limitation under para5 graph (2). 

6 ‘‘(2) LIMITATION.— 

7 ‘‘(A) IN GENERAL.—The plan required by 

8 paragraph (1) shall not provide for— 

9 ‘‘(i) a total increase in the percentage 

10 of Federal lands described in paragraph 

11 (1) leased for oil and gas production in ex12 cess of 15 percent; or 

13 ‘‘(ii) the financial benefit or participa14 tion of any entity that has a contractual 

15 relationship with, or is owned, controlled, 

16 or under the influence of, a foreign entity 

17 of concern. 

18 ‘‘(B) DEFINITION.—In this paragraph, the 

19 term ‘foreign entity of concern’ means— 

20 ‘‘(i) the People’s Republic of China; 

21 ‘‘(ii) the Democratic People’s Republic 

22 of Korea; 

23 ‘‘(iii) the Russian Federation; 

24 ‘‘(iv) the Islamic Republic of Iran; 

25 and 


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1 ‘‘(v) any other country the govern2 ment of which is subject to sanctions im3 posed by the United States. 

4 ‘‘(3) CONSULTATION.—The Secretary shall, in 

5 consultation with the Secretary of Agriculture, the 

6 Secretary of the Interior, and the Secretary of De7 fense— 

8 ‘‘(A) prepare the plan required by para9 graph (1); and 

10 ‘‘(B) ensure such plan will not result in the 

11 sale of petroleum products drawn down from 

12 the Reserve to Iran, China, North Korea, or 

13 Russia. 

14 ‘‘(4) SUBMISSION TO CONGRESS.—The Sec15 retary shall submit the plan developed under para16 graph (1) to the Committees on Armed Services, Ag17 riculture, Energy and Commerce, and Natural Re18 sources of the House of Representatives and the 

19 Committees on Energy and Natural Resources, En20 vironment and Public Works, Armed Services, and 

21 Agriculture, Nutrition, and Forestry of the Senate. 

22 ‘‘(5) THOMPSON DIVIDE.—As part of the plan 

23 developed under paragraph (1), the Secretary shall 

24 identify areas to lease within the approximately 

25 224,793.73 acres, including approximately 


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1 200,518.28 acres of National Forest System lands, 

2 approximately 15,464.99 acres of public lands, and 

3 approximately 8,810.46 acres of reserved Federal 

4 mineral interest within the Thompson Divide area in 

5 Colorado. 

6 ‘‘(6) REQUIREMENTS.—The plan required by 

7 paragraph (1) shall include a list of parcels planned 

8 to be offered for lease, including, for each such par9 cel— 

10 ‘‘(A) the size of the parcel, by acre; 

11 ‘‘(B) the location of the parcel; and 

12 ‘‘(C) any permits and approvals necessary 

13 to access the parcel and produce oil and gas on 

14 the parcel.’’. 

15 SEC. 3. NO EFFECT ON CERTAIN WITHDRAWALS OF FED16 ERAL LANDS. 

17 Nothing in this Act, or any amendments made by this 

18 Act, shall affect the Presidential memorandum titled 

19 ‘‘Memorandum on the Withdrawal of Certain Areas of the 

20 United States Outer Continental Shelf from Leasing Dis21 position’’ and dated September 8, 2020. 

22 SEC. 4. NO EFFECT ON EXISTING LEASING RESTRICTIONS. 

23 Nothing in this Act, or the amendments made by this 

24 Act, shall affect any statutory or regulatory restrictions 

25 in effect on the date of enactment of this Act (including 


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1 any withdrawal of Federal land) that may prohibit oil and 

2 gas leasing within the area designated as the North Atlan3 tic Planning Area. 

4 SEC. 5. NO EFFECT ON EXISTING LEASING RESTRICTIONS. 

5 Nothing in this Act, or the amendments made by this 

6 Act, shall affect any statutory or regulatory restrictions 

7 in effect on the date of enactment of this Act (including 

8 any withdrawal of Federal land) that may prohibit oil and 

9 gas leasing within the area designated as the South Atlan10 tic Planning Area. 

11 SEC. 6. RULE OF CONSTRUCTION WITH RESPECT TO ABUSE 

12 OF EMERGENCY DECLARATIONS. 

13 Nothing in this Act, or the amendments made by this 

14 Act, may be construed to authorize the President to make 

15 a determination under section 161(d) of the Energy Policy 

16 and Conservation Act (42 U.S.C. 6241(d)) that an emer17 gency situation exists in order for the Secretary of Energy 

18 to draw down and sell petroleum products under such sub19 section for political, non-emergency purposes. 

Passed the House of Representatives January 27, 

2023. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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