118THCONGRESS
1
STSESSION H. R. 21
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. 2
•HR 21 EH
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Strategic Production 4
Response Act’’. 5
SEC. 2. COMPENSATORY PRODUCTION INCREASE PLAN. 6
Section 161 of the Energy Policy and Conservation 7
Act (42 U.S.C. 6241) is amended by adding at the end 8
the following new subsection: 9
‘‘(k) P
LAN.— 10
‘‘(1) I
N GENERAL.—Except in the case of a se-11
vere energy supply interruption described in sub-12
section (d), the Secretary may not execute the first 13
drawdown of petroleum products in the Reserve 14
after the date of enactment of this subsection, 15
whether through sale, exchange, or loan, until the 16
Secretary has developed and submitted to Congress 17
a plan to increase the percentage of Federal lands 18
(including submerged lands of the Outer Continental 19
Shelf) under the jurisdiction of the Secretary of Ag-20
riculture, the Secretary of Energy, the Secretary of 21
the Interior, and the Secretary of Defense leased for 22
oil and gas production by the same percentage as 23
the percentage of petroleum in the Strategic Petro-24
leum Reserve that has been drawn down during the 25 3
•HR 21 EH
period beginning January 21, 2021, and ending on 1
the date of enactment of this Act, and that is to be 2
drawn down in that first and subsequent 3
drawdowns, subject to the limitation under para-4
graph (2). 5
‘‘(2) L
IMITATION.— 6
‘‘(A) I
N GENERAL.—The plan required by 7
paragraph (1) shall not provide for— 8
‘‘(i) a total increase in the percentage 9
of Federal lands described in paragraph 10
(1) leased for oil and gas production in ex-11
cess of 15 percent; or 12
‘‘(ii) the financial benefit or participa-13
tion of any entity that has a contractual 14
relationship with, or is owned, controlled, 15
or under the influence of, a foreign entity 16
of concern. 17
‘‘(B) D
EFINITION.—In this paragraph, the 18
term ‘foreign entity of concern’ means— 19
‘‘(i) the People’s Republic of China; 20
‘‘(ii) the Democratic People’s Republic 21
of Korea; 22
‘‘(iii) the Russian Federation; 23
‘‘(iv) the Islamic Republic of Iran; 24
and 25 4
•HR 21 EH
‘‘(v) any other country the govern-1
ment of which is subject to sanctions im-2
posed by the United States. 3
‘‘(3) C
ONSULTATION.—The Secretary shall, in 4
consultation with the Secretary of Agriculture, the 5
Secretary of the Interior, and the Secretary of De-6
fense— 7
‘‘(A) prepare the plan required by para-8
graph (1); and 9
‘‘(B) ensure such plan will not result in the 10
sale of petroleum products drawn down from 11
the Reserve to Iran, China, North Korea, or 12
Russia. 13
‘‘(4) S
UBMISSION TO CONGRESS .—The Sec-14
retary shall submit the plan developed under para-15
graph (1) to the Committees on Armed Services, Ag-16
riculture, Energy and Commerce, and Natural Re-17
sources of the House of Representatives and the 18
Committees on Energy and Natural Resources, En-19
vironment and Public Works, Armed Services, and 20
Agriculture, Nutrition, and Forestry of the Senate. 21
‘‘(5) T
HOMPSON DIVIDE.—As part of the plan 22
developed under paragraph (1), the Secretary shall 23
identify areas to lease within the approximately 24
224,793.73 acres, including approximately 25 5
•HR 21 EH
200,518.28 acres of National Forest System lands, 1
approximately 15,464.99 acres of public lands, and 2
approximately 8,810.46 acres of reserved Federal 3
mineral interest within the Thompson Divide area in 4
Colorado. 5
‘‘(6) R
EQUIREMENTS.—The plan required by 6
paragraph (1) shall include a list of parcels planned 7
to be offered for lease, including, for each such par-8
cel— 9
‘‘(A) the size of the parcel, by acre; 10
‘‘(B) the location of the parcel; and 11
‘‘(C) any permits and approvals necessary 12
to access the parcel and produce oil and gas on 13
the parcel.’’. 14
SEC. 3. NO EFFECT ON CERTAIN WITHDRAWALS OF FED-15
ERAL LANDS. 16
Nothing in this Act, or any amendments made by this 17
Act, shall affect the Presidential memorandum titled 18
‘‘Memorandum on the Withdrawal of Certain Areas of the 19
United States Outer Continental Shelf from Leasing Dis-20
position’’ and dated September 8, 2020. 21
SEC. 4. NO EFFECT ON EXISTING LEASING RESTRICTIONS. 22
Nothing in this Act, or the amendments made by this 23
Act, shall affect any statutory or regulatory restrictions 24
in effect on the date of enactment of this Act (including 25 6
•HR 21 EH
any withdrawal of Federal land) that may prohibit oil and 1
gas leasing within the area designated as the North Atlan-2
tic Planning Area. 3
SEC. 5. NO EFFECT ON EXISTING LEASING RESTRICTIONS. 4
Nothing in this Act, or the amendments made by this 5
Act, shall affect any statutory or regulatory restrictions 6
in effect on the date of enactment of this Act (including 7
any withdrawal of Federal land) that may prohibit oil and 8
gas leasing within the area designated as the South Atlan-9
tic Planning Area. 10
SEC. 6. RULE OF CONSTRUCTION WITH RESPECT TO ABUSE 11
OF EMERGENCY DECLARATIONS. 12
Nothing in this Act, or the amendments made by this 13
Act, may be construed to authorize the President to make 14
a determination under section 161(d) of the Energy Policy 15
and Conservation Act (42 U.S.C. 6241(d)) that an emer-16
gency situation exists in order for the Secretary of Energy 17
to draw down and sell petroleum products under such sub-18
section for political, non-emergency purposes. 19
Passed the House of Representatives January 27,
2023.
Attest:
Clerk. 118
TH
CONGRESS
1
ST
S
ESSION
H. R. 21
AN ACT
To provide for the development of a plan to in-
crease 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 draw-
down of petroleum reserves from the Strategic
Petroleum Reserve.