Keep It in the Ground Act of 2021
Bill: S.1115 | Sponsor: Sen. Merkley, Jeff (D-OR)
Policy area: Energy

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.

To prohibit drilling in the outer Continental Shelf, to prohibit coal 
            leases on Federal land, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keep It in the Ground Act of 2021''.

SEC. 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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Extend.--The term ``extend'' means the act of extending 
        a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) 
        beyond the existing term of the lease.
            (2) Nonproducing lease.--The term ``nonproducing lease'' 
        means any lease under which no coal, oil, gas, oil shale, tar 
        sands, or other fossil fuel approved in the lease contract has 
        been extracted for commercial use.
            (3) Reinstate.--The term ``reinstate'' means the act of 
        reinstating a lease under the Mineral Leasing Act (30 U.S.C. 
        181 et seq.) after a violation of any term of the lease that 
        resulted in suspension or cancellation of the lease.
            (4) Renew.--The term ``renew'' means the act of renewing a 
        lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) for 
        a term that is not longer than the maximum renewal term for a 
        lease under that Act.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 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) is amended by adding at the end the following:
    ``(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' means 
                        the act of extending a lease under this Act 
                        beyond the existing term of the lease.
                            ``(ii) Inclusion.--The term `extend' 
                        includes the act of extending a lease following 
                        a suspension under this Act.
                    ``(B) Nonproducing lease.--The term `nonproducing 
                lease' means any lease under which no coal, oil, gas, 
                oil shale, tar sands, or other fossil fuel approved in 
                the lease contract has been extracted.
                    ``(C) Reinstate.--The term `reinstate' means the 
                act of reinstating a lease under this Act after a 
                violation of any term of the lease that resulted in 
                suspension or cancellation of the lease.
                    ``(D) Renew.--The term `renew' means the act of 
                renewing a lease under this Act for a term that is not 
                longer than the maximum renewal term for a lease under 
                this Act.
            ``(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) on or before 
the date of enactment of this Act in the Beaufort Sea, Cook Inlet, or 
Chukchi Sea.

SEC. 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 et seq.).

SEC. 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.

SEC. 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.
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