Section 1 Short title
This Act may be cited as the “American Energy Act”.
American Energy Act
A BILL
To amend the Mineral Leasing Act to clarify the effect of a pending civil action on the processing of an application for a permit to drill, to require courts to remand lease sale Environmental Impact Statements to agencies to remedy when necessary, and to establish a term limit for permits to drill.
Sec. 2 Processing applications for permits to drill
Effect of pending civil actions— Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the following:
“(4) Effect of pending civil action on processing applications for permits to drill—Pursuant to the requirements of paragraph (2), notwithstanding the existence of any pending civil actions affecting the application or related lease, the Secretary shall process an application for a permit to drill or other authorizations or approvals under a valid existing lease, unless a United States Federal court vacated such lease. Nothing in this paragraph shall be construed as providing authority to a Federal court to vacate a lease.”
Term of permit To drill— Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is further amended by adding at the end the following:
“(r) Term of permit To drill—A permit to drill issued under this section after the date of the enactment of this subsection shall be valid for one four-year term from the date that the permit is approved, or until the lease regarding which the permit is issued expires, whichever occurs first.”
Sec. 3 Lease sale litigation
Notwithstanding any other provision of law, any oil and gas lease sale held under section 17 of the Mineral Leasing Act (30 U.S.C. 226) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) shall not be vacated and activities on leases awarded in the sale shall not be otherwise limited, delayed, or enjoined unless the court concludes allowing the development of the challenged lease will pose a risk of an imminent and substantial environmental harm and there is no other equitable remedy available as a matter of law.
No court, in response to an action brought pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), may enjoin or issue any order preventing the award of leases to a bidder in a lease sale conducted pursuant to section 17 of the Mineral Leasing Act (30 U.S.C. 226) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) if the Department of the Interior has previously opened bids for such leases or disclosed the high bidder for any tract that was included in such lease sale.