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 Agri-
culture, the Secretary of Energy, the Secretary of the 
Interior, and the Secretary of Defense in conjunction 
with a drawdown of petroleum reserves from the Stra-
tegic Petroleum Reserve. 
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Be it enacted by the Senate and House of Representa-
tives 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 se-
vere energy supply interruption described in sub-
section (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 Ag-
riculture, 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 Petro-
leum Reserve that has been drawn down during the 
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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 para-
graph (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 ex-
cess of 15 percent; or 
‘‘(ii) the financial benefit or participa-
tion 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 
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‘‘(v) any other country the govern-
ment of which is subject to sanctions im-
posed 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 De-
fense— 
‘‘(A) prepare the plan required by para-
graph (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 Sec-
retary shall submit the plan developed under para-
graph (1) to the Committees on Armed Services, Ag-
riculture, Energy and Commerce, and Natural Re-
sources of the House of Representatives and the 
Committees on Energy and Natural Resources, En-
vironment 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 
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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 par-
cel— 
‘‘(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 FED-
ERAL 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 Dis-
position’’ 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 
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any withdrawal of Federal land) that may prohibit oil and 
gas leasing within the area designated as the North Atlan-
tic 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 Atlan-
tic 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 emer-
gency situation exists in order for the Secretary of Energy 
to draw down and sell petroleum products under such sub-
section for political, non-emergency purposes. 
Passed the House of Representatives January 27, 
2023. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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