H.R. 3231 — American Energy Act

This section requires the Secretary of the Interior to process applications for permits to drill (APDs) and related authorizations or approvals under valid existing federal oil and gas leases notwithstanding any pending civil actions affecting the application or lease, unless a federal court has vacated the lease. (Thus, ongoing litigation does not halt APD processing for non-vacated leases.) This section further establishes a four-year term for permits to drill issued after enactment, from the date of approval or until the associated lease expires, whichever occurs first.

This section limits judicial remedies against oil and gas lease sales conducted under §17 of the Mineral Leasing Act (30 U.S.C. 226, authorizing competitive bidding for federal onshore oil and gas leases) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq., authorizing offshore oil and gas leasing). Specifically, (1) courts may not vacate such a lease sale or limit, delay, or enjoin activities on awarded leases unless development poses a risk of imminent and substantial environmental harm with no other equitable remedy available; and (2) under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), courts may not enjoin lease awards after the Department of the Interior opens bids or discloses high bidders for included tracts.