Keep It in the Ground Act of 2021

To prohibit drilling in the outer Continental Shelf, to prohibit coal leases on Federal land, and for other purposes. 1. Short title This Act may be cited as the Keep It in the Ground Act of 2021 2. Findings; statement of policy (a) Findings Congress finds that— (1) from 1880 through 2015, global temperatures have increased by about 1.06 degrees Celsius; (2) the vast majority of global warming that has occurred over the past 50 years was due to human activities, primarily the burning of fossil fuels; (3) emissions of greenhouse gases and atmospheric concentrations of greenhouse gases continue to rise, which results in a continued warming trend; (4) global warming already has a significant impact on the economy, including the farming, fishing, forestry, and recreation industries; (5) the significant impacts of global warming that are already occurring will be amplified by a global temperature increase of 2 degrees Celsius, which will lead to increased droughts, rising seas, mass extinctions, heat waves, desertification, wildfires, acidifying oceans, significant economic disruption, and security threats; (6) to avoid exceeding 2 degrees Celsius warming, at least 80 percent of carbon from proven fossil fuel reserves must be kept in the ground; (7) the potential emissions resulting from extracting and burning all fossil fuels on Federal land and waters amounts to a significant percentage of the greenhouse gas emissions limit; and (8) ending new leases for fossil fuels will prevent the release of 90 percent of the potential emissions from Federal fossil fuels. (b) Statement of policy It is the policy of the United States that— (1) Federal land and waters should be managed for the benefit of the people of the United States— (A) to avoid the most dangerous impacts of climate change; and (B) to promote a rapid transition to a clean energy economy by keeping fossil fuels in the ground; and (2) the Federal Government should pursue management of Federal land and waters for the benefit of the people of the United States by not issuing any new lease or renewing any nonproducing lease for coal, oil, or natural gas in any Federal land or waters. 3. Definitions In this Act: (1) Extend The term extend 30 U.S.C. 181 (2) Nonproducing lease The term nonproducing lease (3) Reinstate The term reinstate 30 U.S.C. 181 (4) Renew The term renew 30 U.S.C. 181 (5) Secretary The term Secretary 4. Stopping new offshore oil and gas leases in the gulf of mexico and the pacific, atlantic, and arctic oceans (a) Prohibition on new oil and gas leasing on the outer continental shelf Section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 (q) Prohibition on new oil and gas leasing on the outer continental shelf (1) Definitions In this subsection: (A) Extend (i) In general The term extend (ii) Inclusion The term extend (B) Nonproducing lease The term nonproducing lease (C) Reinstate The term reinstate (D) Renew The term renew (2) Prohibition Notwithstanding any other provision of this Act or any other law, the Secretary of the Interior shall not issue a new lease, renew, reinstate, or extend any nonproducing lease, or issue any other authorization for the exploration, development, or production of oil, natural gas, or any other fossil fuel in— (A) the Arctic Ocean; (B) the Atlantic Ocean, including the Straits of Florida; (C) the Pacific Ocean; (D) the Gulf of Mexico; or (E) any other area of the outer Continental Shelf. . (b) Cancellation of existing leases Notwithstanding any other provision of law, not later than 60 days after the date of enactment of this Act, the Secretary shall cancel any lease issued under section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 5. Stopping new coal, oil, tar sands, fracked gas, and oil shale leases on federal land Notwithstanding any other provision of law, the Secretary shall not conduct any lease sale, enter into any new lease, reoffer for lease any land covered by an expiring lease, or renew, reinstate, or extend any nonproducing lease in existence on or before the date of enactment of this Act for onshore fossil fuels, including coal, oil, tar sands, oil shale, and gas on land subject to the Mineral Leasing Act ( 30 U.S.C. 181 6. Exceptions (a) National security (1) In general Subject to paragraph (2), the Secretary may exempt any provision of this Act or an amendment made by this Act for a lease if the Secretary determines, on the record and based on available information, that— (A) there is an imminent national security threat; and (B) issuing an exemption for the lease would significantly reduce the imminent national security threat. (2) Duration An exemption under paragraph (1) shall continue only for as long as the imminent national security threat persists. (b) Breach of contract (1) In general Subject to paragraph (2), the Secretary may allow a nonproducing lease to be renewed or extended if— (A) the nonproducing lease contract was signed before the date of enactment of this Act; and (B) the Secretary determines that giving effect to any provision of this Act or an amendment made by this Act is likely to lead to a court with jurisdiction ruling that there was a material breach of the nonproducing lease contract. (2) Duration A renewal or extension under paragraph (1) shall be for the shortest time practicable, consistent with the terms of the nonproducing lease contract. 7. Severability If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any person or circumstance is held to be invalid or unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of those provisions and amendments to any person or circumstance shall not be affected.

Summary: Keep It in the Ground Act of 2021 This bill eliminates new fossil fuel production projects on federal public land and waters. Specifically, it prohibits the Bureau of Ocean Energy Management (BOEM) from issuing, renewing, reinstating, or extending any nonproducing lease, or issuing any authorization for the exploration or production of fossil fuel on the Outer Continental Shelf. BOEM must also cancel any lease issued in the Beaufort Sea, Cook Inlet, or Chukchi Sea (three of the five bodies of water that encompass the Alaska Outer Continental Shelf). Further, the Bureau of Land Management (BLM) may not issue, renew, reinstate, or extend any nonproducing lease for the exploration or production of any onshore fossil fuels on land subject to the Mineral Leasing Act. The bill provides for exceptions if there is an imminent national security threat that would be significantly reduced by granting an exception. In addition, BOEM and the BLM may allow a nonproducing lease to be renewed or extended if (1) the lease contract was signed before enactment of this bill, and (2) it is determined that giving effect to any provision of this bill is likely to lead to a judicial ruling that there was a material breach of the nonproducing lease contract.