American Energy Independence from Russia Act
Bill: S.3752 | Sponsor: Sen. Hoeven, John (R-ND)
Policy area: Energy

Summary:
American Energy Independence from Russia Act
This bill addresses U.S. energy security, the production of oil and gas, and the importation and exportation of oil and gas.
Specifically, the President must submit an energy security plan that (1) evaluates U.S. crude oil, petroleum products, and natural gas imports and exports; (2) assesses the energy security risks of such imports; and (3) includes strategies to encourage increased domestic production of crude oil, petroleum products, and natural gas to offset Russian imports.
The bill also approves the TransCanada Keystone Pipeline in Phillips County, Montana for the import of oil from Canada to the United States.
In addition, the bill grants the Federal Energy Regulatory Commission the authority to approve or deny applications for facilities to export natural gas from the United States to foreign countries or import natural gas from foreign countries.
The President and federal agencies must obtain congressional approval before (1) prohibiting or substantially delaying certain new energy mineral leases or permits on federal lands, or (2) withdrawing certain federal lands from mineral and geothermal leasing activities.
The Department of the Interior must resume issuing oil and gas leases on federal lands and offshore submerged lands in the Outer Continental Shelf as specified under the bill.
Finally, the bill limits the drawdown of petroleum in the Strategic Petroleum Reserve until the Department of Energy develops a plan to increase the percentage of federal lands leased for oil and gas production.

To strengthen United States energy security, encourage domestic 
 production of crude oil, petroleum products, and natural gas, 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 ``American Energy Independence from 
Russia Act''.

SEC. 2. ENERGY SECURITY PLAN.

    The Natural Gas Act is amended by inserting after section 3A (15 
U.S.C. 717b-1) the following:

``SEC. 3B. ENERGY SECURITY PLAN.

    ``Not later than 30 days after the date of enactment of this 
section, and biennially thereafter, the President shall submit to 
Congress an energy security plan that includes--
            ``(1) an evaluation of United States crude oil, petroleum 
        products, and natural gas imports and exports;
            ``(2) an energy security risk assessment, by country of 
        origin, of importing crude oil, petroleum products, and natural 
        gas to the United States; and
            ``(3) strategies, including changes to Federal policies and 
        regulations, to encourage increased domestic production of 
        crude oil, petroleum products, and natural gas in order to 
        offset any amounts of crude oil, petroleum products, and 
        natural gas imported to the United States from Russia.''.

SEC. 3. KEYSTONE XL AUTHORIZATION.

    (a) Authorization.--TransCanada Keystone Pipeline, L.P., may 
construct, connect, operate, and maintain the pipeline facilities at 
the international border of the United States and Canada at Phillips 
County, Montana, for the import of oil from Canada to the United 
States, as described in the Presidential Permit of March 29, 2019 (84 
Fed. Reg. 13101 (April 3, 2019)).
    (b) No Presidential Permit Required.--No Presidential permit (or 
similar permit) under Executive Order 13867 (3 U.S.C. 301 note; 
relating to the issuance of permits with respect to facilities and land 
transportation crossings at the international boundaries of the United 
States), Executive Order 12038 (42 U.S.C. 7151 note; relating to the 
transfer of certain functions to the Secretary of Energy), Executive 
Order 10485 (15 U.S.C. 717b note; relating to the performance of 
functions respecting electric power and natural gas facilities located 
on United States borders), or any other Executive order shall be 
required for the construction, connection, operation, or maintenance of 
the pipeline facilities described in subsection (a).

SEC. 4. ADVANCING UNITED STATES GLOBAL LEADERSHIP.

    (a) In General.--Section 3 of the Natural Gas Act (15 U.S.C. 717b) 
is amended--
            (1) by striking subsections (a) through (c);
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (c), (a), and (b), respectively, and moving 
        subsection (c) (as so redesignated) to appear after subsection 
        (b) (as so redesignated); and
            (3) by striking the section heading and designation and all 
        that follows through paragraph (1) of subsection (a) (as so 
        redesignated) and inserting the following:

``SEC. 3. LNG TERMINALS; AUTHORITY OF THE PRESIDENT TO PROHIBIT IMPORTS 
              OR EXPORTS OF NATURAL GAS.

    ``(a) LNG Terminals.--
            ``(1) Authority of the commission.--
                    ``(A) In general.--The Commission shall have the 
                exclusive authority to approve or deny an application 
                for the siting, construction, expansion, or operation 
                of a facility, including an LNG terminal, to export 
                natural gas from the United States to a foreign country 
                or to import natural gas from a foreign country.
                    ``(B) Effect.--Except as specifically provided in 
                this Act, nothing in this Act affects otherwise 
                applicable law relating to the authority or 
                responsibility of any Federal agency relating to 
                facilities, including LNG terminals, to import or 
                export natural gas.''; and
            (4) by adding at the end the following:
    ``(d) Rule of Construction Relating to Authority To Prohibit 
Imports or Exports.--
            ``(1) In general.--Nothing in this Act limits the authority 
        of the President under the Constitution or any provision of law 
        specified in paragraph (2) to prohibit imports or exports.
            ``(2) Provisions of law specified.--The provisions of law 
        specified in this paragraph are--
                    ``(A) the International Emergency Economic Powers 
                Act (50 U.S.C. 1701 et seq.);
                    ``(B) the National Emergencies Act (50 U.S.C. 1601 
                et seq.);
                    ``(C) part B of title II of the Energy Policy and 
                Conservation Act (42 U.S.C. 6271 et seq.);
                    ``(D) the Trading With the Enemy Act (50 U.S.C. 
                4301 et seq.); and
                    ``(E) any other provision of law that--
                            ``(i) imposes sanctions with respect to a 
                        foreign person or foreign government, including 
                        the government of a country that is designated 
                        as a state sponsor of terrorism; or
                            ``(ii) prohibits or restricts United States 
                        persons from engaging in a transaction with a 
                        person or government subject to sanctions 
                        imposed by the United States.
            ``(3) State sponsor of terrorism defined.--In this 
        subsection, the term `state sponsor of terrorism' means a 
        country the government of which the Secretary of State 
        determines has repeatedly provided support for international 
        terrorism pursuant to--
                    ``(A) section 1754(c)(1)(A) of the Export Control 
                Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A));
                    ``(B) section 620A of the Foreign Assistance Act of 
                1961 (22 U.S.C. 2371);
                    ``(C) section 40 of the Arms Export Control Act (22 
                U.S.C. 2780); or
                    ``(D) any other provision of law.''.
    (b) Conforming Amendment.--Section 60104(d)(2) of title 49, United 
States Code, is amended, in the first sentence, by striking ``to import 
natural gas or''.

SEC. 5. PROHIBITION ON MORATORIA OF NEW ENERGY LEASES ON CERTAIN 
              FEDERAL LAND AND ON WITHDRAWAL OF FEDERAL LAND FROM 
              ENERGY DEVELOPMENT.

    (a) Definitions.--In this section:
            (1) Critical mineral.--The term ``critical mineral'' means 
        any mineral included on the list of critical minerals published 
        in the notice of the Secretary of the Interior entitled ``Final 
        List of Critical Minerals 2018'' (83 Fed. Reg. 23295 (May 18, 
        2018)).
            (2) Federal land.--
                    (A) In general.--The term ``Federal land'' means--
                            (i) National Forest System land;
                            (ii) public lands (as defined in section 
                        103 of the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1702));
                            (iii) the outer Continental Shelf (as 
                        defined in section 2 of the Outer Continental 
                        Shelf Lands Act (43 U.S.C. 1331)); and
                            (iv) land managed by the Secretary of 
                        Energy.
                    (B) Inclusion.--The term ``Federal land'' includes 
                land described in clauses (i) through (iv) of 
                subparagraph (A) for which the rights to the surface 
                estate or subsurface estate are owned by a non-Federal 
                entity.
            (3) President.--The term ``President'' means the President 
        or any designee, including--
                    (A) the Secretary of Agriculture;
                    (B) the Secretary of Energy; and
                    (C) the Secretary of the Interior.
    (b) Prohibitions.--
            (1) In general.--Notwithstanding any other provision of 
        law, the President shall not carry out any action that would 
        prohibit or substantially delay the issuance of any of the 
        following on Federal land, unless such an action has been 
        authorized by an Act of Congress:
                    (A) New oil and gas leases, drill permits, 
                approvals, or authorizations.
                    (B) New coal leases, permits, approvals, or 
                authorizations.
                    (C) New hard rock leases, permits, approvals, or 
                authorizations.
                    (D) New critical minerals leases, permits, 
                approvals, or authorizations.
            (2) Prohibition on withdrawal.--Notwithstanding any other 
        provision of law, the President shall not withdraw any Federal 
        land from forms of entry, appropriation, or disposal under the 
        public land laws, location, entry, and patent under the mining 
        laws, or disposition under laws pertaining to mineral and 
        geothermal leasing or mineral materials unless the withdrawal 
        has been authorized by an Act of Congress.

SEC. 6. OIL AND NATURAL GAS LEASING.

    (a) Onshore Lease Sales.--
            (1) Requirement to immediately resume onshore oil and gas 
        lease sales.--
                    (A) In general.--The Secretary of the Interior 
                (referred to in this section as the ``Secretary'') 
                shall immediately resume oil and gas lease sales in 
                compliance with the Mineral Leasing Act (30 U.S.C. 181 
                et seq.).
                    (B) Requirement.--The Secretary shall ensure that 
                any oil and gas lease sale under subparagraph (A) is 
                conducted immediately on completion of all applicable 
                scoping, public comment, and environmental analysis 
                requirements under the Mineral Leasing Act (30 U.S.C. 
                181 et seq.) and the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.).
            (2) Annual lease sales.--
                    (A) In general.--Notwithstanding any other 
                provision of law, in accordance with the Mineral 
                Leasing Act (30 U.S.C. 181 et seq.), beginning in 
                fiscal year 2022, the Secretary shall conduct a minimum 
                of 4 oil and natural gas lease sales annually in each 
                of the following States:
                            (i) Wyoming.
                            (ii) New Mexico.
                            (iii) Colorado.
                            (iv) Utah.
                            (v) Montana.
                            (vi) North Dakota.
                            (vii) Oklahoma.
                            (viii) Nevada.
                            (ix) Any other State in which there is land 
                        available for oil and natural gas leasing under 
                        that Act.
                    (B) Requirement.--In conducting a lease sale under 
                subparagraph (A) in a State described in that 
                subparagraph, the Secretary shall offer all parcels 
                eligible for oil and gas development under the resource 
                management plan in effect for the State.
                    (C) Replacement sales.--If, for any reason, a lease 
                sale under subparagraph (A) for a calendar year is 
                canceled, delayed, or deferred, including for a lack of 
                eligible parcels, the Secretary shall conduct a 
                replacement sale during the same calendar year.
    (b) Offshore Lease Sales.--
            (1) In general.--The Secretary shall conduct all lease 
        sales described in the 2017-2022 Outer Continental Shelf Oil 
        and Gas Leasing Proposed Final Program (November 2016) that 
        have not been conducted as of the date of enactment of this Act 
        by not later than December 31, 2022.
            (2) Gulf of mexico region annual lease sales.--
        Notwithstanding any other provision of law, beginning in fiscal 
        year 2022, the Secretary shall conduct a minimum of 2 region-
        wide oil and natural gas lease sales annually in the Gulf of 
        Mexico Region of the outer Continental Shelf, which shall 
        include the following areas described in the 2017-2022 Outer 
        Continental Shelf Oil and Gas Leasing Proposed Final Program 
        (November 2016):
                    (A) The Central Gulf of Mexico Planning Area.
                    (B) The Western Gulf of Mexico Planning Area.
            (3) Alaska region annual lease sales.--Notwithstanding any 
        other provision of law, beginning in fiscal year 2022, the 
        Secretary shall conduct a minimum of 2 region-wide oil and 
        natural gas lease sales annually in the Alaska Region of the 
        outer Continental Shelf, as described in the 2017-2022 Outer 
        Continental Shelf Oil and Gas Leasing Proposed Final Program 
        (November 2016).
            (4) Requirements.--In conducting lease sales under 
        paragraphs (2) and (3), the Secretary shall--
                    (A) issue leases to the highest responsible 
                qualified bidder or bidders; and
                    (B) include in each lease sale all unleased areas 
                that are not subject to restrictions as of the date of 
                the lease sale.
            (5) Outer continental shelf oil and gas leasing program.--
        Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1344) is amended--
                    (A) in subsection (a), in the first sentence of the 
                matter preceding paragraph (1), by striking 
                ``subsections (c) and (d) of this section'' and 
                inserting ``subsections (c) through (f)'';
                    (B) by redesignating subsections (f) through (h) as 
                subsections (g) through (i), respectively; and
                    (C) by inserting after subsection (e) the 
                following:
    ``(f) Subsequent Leasing Programs.--
            ``(1) In general.--Not later than 36 months after 
        conducting the first lease sale under an oil and gas leasing 
        program prepared pursuant to this section, the Secretary shall 
        begin preparing the subsequent oil and gas leasing program 
        under this section.
            ``(2) Requirement.--Each subsequent oil and gas leasing 
        program under this section shall be approved not later than 180 
        days before the expiration of the previous oil and gas leasing 
        program.''.

SEC. 7. STRATEGIC PRODUCTION RESPONSE PLAN.

    Section 161 of the Energy Policy and Conservation Act (42 U.S.C. 
6241) is amended by adding at the end the following:
    ``(k) Plan.--
            ``(1) In general.--Except in the case of a severe energy 
        supply interruption described in subsection (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 a plan to increase the percentage of Federal land 
        (including submerged land of the outer Continental Shelf) under 
        the jurisdiction of the Secretary of Agriculture, 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 
        Petroleum Reserve that is to be drawn down in that first 
        drawdown and subsequent drawdowns, subject to the limitation 
        described in paragraph (2).
            ``(2) Limitation.--The plan developed under paragraph (1) 
        shall not provide for a total increase in the percentage of 
        Federal land described in paragraph (1) leased for oil and gas 
        production in excess of 10 percent.
            ``(3) Consultation.--The Secretary shall prepare the plan 
        under paragraph (1) in consultation with the Secretary of 
        Agriculture, the Secretary of the Interior, and the Secretary 
        of Defense.''.
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