Section 1 Short title
This Act may be cited as the “Energy Regulations Certainty Act”.
Energy Regulations Certainty Act
A BILL
To prohibit the President from promulgating new oil and gas regulations until after Russian troops have withdrawn from Ukraine, and for other purposes.
Sec. 2 Findings
Congress finds that—
the United States has a demonstrable history of providing assistance to allies of the United States when those allies face threats to democracy or are suffering as a result of geopolitical instability;
the invasion by the Russian Federation of the sovereign nation of Ukraine on February 24, 2022, threatens the energy security of Ukraine and other European allies;
Europe relies on Russia for approximately 40 percent of its natural gas and about 25 percent of its oil;
the United States has demonstrated in recent years that the United States is fully capable of—
producing sufficient energy resources domestically to become energy independent;
supplying energy resources to allies of the United States; and
providing stability in international energy markets; and
recent and prospective administrative actions jeopardize the ability of the United States to continue to serve the role described in paragraph (4), which is critical to the national security of the United States and allies of the United States.
Sec. 3 Prohibition on new oil and gas regulations
Definitions— In this section:
Covered action— The term covered action means—
any provision of Executive Order 13990 (42 U.S.C. 4321 note; relating to protecting public health and the environment and restoring science to tackle the climate crisis) that would impact the cost of energy development;
any provision of Executive Order 14008 (42 U.S.C. 4321 note; relating to tackling the climate crisis at home and abroad) that would impact the cost of energy development;
the final decisions of the Administrator of the Environmental Protection Agency in the document entitled “Review of the Ozone National Ambient Air Quality Standards” (85 Fed. Reg. 87256 (December 31, 2020));
the final decisions of the Administrator of the Environmental Protection Agency in the document entitled “Review of the National Ambient Air Quality Standards for Particulate Matter” (85 Fed. Reg. 82684 (December 18, 2020));
the final rule of the Environmental Protection Agency entitled “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Reconsideration” (85 Fed. Reg. 57398 (September 15, 2020));
the updated policy statement of the Federal Energy Regulatory Commission entitled “Updated Policy Statement on Certification of New Interstate Natural Gas Facilities” (Docket No. PL18–1–000 (February 18, 2022); 87 Fed. Reg. 11548 (March 1, 2022));
the interim policy statement of the Federal Energy Regulatory Commission entitled “Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews” (Docket No. PL21–3–000 (February 18, 2022));
the final rule of the Environmental Protection Agency entitled “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review” (85 Fed. Reg. 57018 (September 14, 2020));
the final rule of the Corps of Engineers and the Environmental Protection Agency entitled “The Navigable Waters Protection Rule: Definition of “Waters of the United States”” (85 Fed. Reg. 22250 (April 21, 2020));
Instruction Memorandum No. 2018–034 of the Department of the Interior entitled “Updating Oil and Gas Leasing Reform—Land Use Planning and Lease Parcel Reviews” (January 31, 2018);
the final rule of the Department of the Interior entitled “Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands; Rescission of a 2015 Rule” (82 Fed. Reg. 61924 (December 29, 2017));
the document entitled “Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990”, published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in February 2021; and
any action by the Board of Governors of the Federal Reserve System or other Federal financial regulator that would restrict access to capital or lending to companies in the oil and natural gas subsector of critical infrastructure.
Covered period— The term covered period means the period—
beginning on the date of enactment of this Act; and
ending on the date that is 180 days after the date on which the President determines that the Russian Federation has withdrawn all troops from the territory of Ukraine.
Prohibitions—
In general— During the covered period, the President shall not carry out, promulgate any regulations pursuant to, or carry out any policy described in or required by, a covered action.
Reversion— During the covered period—
all covered actions, including any regulations promulgated, or other agency actions taken, pursuant to the covered actions, shall have no force and effect; and
all applicable regulations and agency policies that were in effect on January 19, 2021, shall have full force and effect.
Sec. 4 Keystone Pipeline
TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline facilities at the international border of the United States and Canada under the terms described in the Presidential Permit of March 29, 2019 (84 Fed. Reg. 13101 (April 3, 2019)).
Sec. 5 Sense of the Senate relating to natural gas exports and offshore oil and gas lease sales
It is the sense of the Senate that—
the Secretary of Energy should act expeditiously to approve applications under subsection (a) of section 3 of the Natural Gas Act (15 U.S.C. 717b) to export natural gas from the United States to foreign countries not described in subsection (c) of that section;
the Attorney General should appeal the decision of the United States District Court for the District of Columbia in the memorandum opinion dated January 27, 2022, in Friends of the Earth v. Haaland, No. 1:21–cv–02317–RC;
not later than June 30, 2022, the Secretary of the Interior should approve a new final 5-year oil and gas leasing program under section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(a)) that includes at least as many lease sales as are included in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016); and
the Secretary of State should coordinate with the energy-producing allies of the United States to ensure that the resource needs of the energy-insecure allies of the United States are met.