Overview
Title
To prohibit drilling in the outer Continental Shelf, to prohibit coal leases on Federal land, and for other purposes.
ELI5 AI
The "Keep It in the Ground Act of 2023" is like saying, "Let's not dig for new oil, gas, or coal on certain lands and waters in the U.S.," which means no new digging in places like big oceans, but they can make exceptions if there's a really big reason.
Summary AI
The "Keep It in the Ground Act of 2023" aims to stop new fossil fuel leases on federal lands and waters in the United States. This means no new drilling for oil or gas will be allowed on the outer Continental Shelf, which includes areas like the Arctic, Pacific, and Atlantic Oceans, as well as the Gulf of Mexico. The bill also seeks to prevent any new coal, oil, or gas leasing on federal land and requires the cancellation of existing leases in certain Arctic areas. There are exceptions for national security threats or to avoid breaching existing contracts.
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AnalysisAI
General Summary of the Bill
The "Keep It in the Ground Act of 2023" is a legislative proposal aimed at drastically reducing fossil fuel extraction on federal lands and waters. The bill seeks to address global warming by prohibiting new leases for coal, oil, tar sands, natural gas, and other fossil fuels on federal lands and the outer Continental Shelf. It emphasizes the need for a transition to clean energy sources to mitigate the impacts of climate change. The legislation includes specific provisions to cancel existing fossil fuel leases in certain offshore areas, and it outlines exceptions under particular circumstances, such as national security threats or potential breaches of existing lease contracts.
Summary of Significant Issues
A substantial issue with the bill is its potential broad economic impact, particularly on industries that currently depend on fossil fuel extraction. Sections 4 and 5 propose prohibitions that could have far-reaching consequences for energy security and the economies of regions reliant on these industries. The bill assumes a shift towards clean energy; however, it lacks detailed measures on how this transition will be managed or how the economic impacts will be mitigated.
Additionally, Section 6 grants the Secretary of the Interior significant discretionary power to exempt certain leases in cases of national security. Yet, terms like "imminent national security threat" are not clearly defined, posing a risk of misinterpretation or misuse of this provision. Furthermore, the 60-day deadline for canceling existing leases could lead to hurried decisions and potential legal challenges from stakeholders unable to adjust or respond in time.
Impact on the Public and Stakeholders
For the general public, the bill aims to offer long-term benefits associated with reduced greenhouse gas emissions and a transition to cleaner energy sources. This could lead to better environmental outcomes and address pressing issues related to climate change. Nonetheless, the immediate impact may include increased energy costs or job disruptions in fossil fuel-dependent regions, as the economy shifts away from traditional energy sources.
Positive Impact:
Environmental advocates and organizations focused on combating climate change would likely view this bill as a significant victory. It provides a clear policy framework to keep federal fossil fuels in the ground, which aligns with global climate goals. These stakeholders would support the shift towards a clean energy economy and the anticipated benefits for future generations.
Negative Impact:
Conversely, stakeholders in the fossil fuel industry, including companies and workers in regions heavily invested in coal, oil, and natural gas extraction, may face negative consequences. The industry could experience job losses, decreased investment, and economic downturns in communities reliant on these sectors. The lack of immediate alternative solutions or compensatory measures in the bill could elevate concerns around economic stasis and unemployment in affected regions.
Overall, while the "Keep It in the Ground Act of 2023" seeks to address critical climate issues, it must balance the environmental objectives with the economic realities faced by those dependent on traditional energy industries. Without comprehensive planning to manage the transition and support for impacted communities, the bill could face significant opposition and implementation challenges.
Issues
The bill's prohibition on new leases for fossil fuels (Sections 4 and 5) may be controversial due to its potential effects on energy security and economic impact on industries reliant on fossil fuels, lacking alternative measures or detailed studies to mitigate such impacts.
The lack of clear definitions for critical terms such as 'imminent national security threat' and the discretionary power given to the Secretary in granting exemptions (Section 6) may lead to varying interpretations, potential misuse, and legal challenges.
The short timeline (60 days) for the cancellation of existing leases (Section 4.b) may not provide sufficient time for stakeholders to respond, potentially leading to legal challenges and financial losses for involved parties.
The usage of the phrase 'notwithstanding any other provision of law' (Sections 4 and 5) might cause conflicts with existing legislation and unforeseen legal challenges, due to its potential to override other legal protections or obligations.
The lack of clarity on how the Federal Government plans to compensate for potential economic impacts on industries that depend on fossil fuels due to the leasing restrictions (Section 2) could lead to financial uncertainty or opposition.
The definitions section (Section 3) contains potentially ambiguous terms like 'extend' and 'renew,' which could lead to confusion regarding the legal processes and criteria governing lease management, potentially resulting in inconsistent applications.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill indicates that it can be referred to as the "Keep It in the Ground Act of 2023."
2. Findings; statement of policy Read Opens in new tab
Summary AI
Congress finds that global warming is primarily caused by human activities and poses significant threats to the environment and economy. To combat this, the policy aims to manage Federal lands and waters by preventing new leases for fossil fuels and supporting a shift to clean energy.
3. Definitions Read Opens in new tab
Summary AI
The definitions section of this act explains key terms related to leasing under the Mineral Leasing Act. It defines "extend," "nonproducing lease," "reinstate," "renew," and "Secretary," specifying actions like extending or renewing a lease, and what constitutes a nonproducing lease.
4. Stopping new offshore oil and gas leases in the gulf of mexico and the pacific, atlantic, and arctic oceans Read Opens in new tab
Summary AI
The text prohibits the Secretary of the Interior from issuing new leases or renewing existing leases for oil and gas exploration or production in the Arctic, Atlantic, Pacific Oceans, and the Gulf of Mexico. It also mandates the cancellation of certain existing leases within 60 days of the law's passage.
5. Stopping new coal, oil, tar sands, fracked gas, and oil shale leases on federal land Read Opens in new tab
Summary AI
The section prohibits the Secretary from conducting new lease sales or renewing existing leases for coal, oil, tar sands, oil shale, and gas on federal lands. This applies to lands governed by the Mineral Leasing Act and aims to stop any new or continued leasing for these fossil fuels.
6. Exceptions Read Opens in new tab
Summary AI
The section outlines exceptions where the Secretary can waive certain rules of the Act. For national security reasons, provisions can be exempted if immediate threats exist, and this lasts only as long as the threat persists. For lease contracts signed before the Act, extensions or renewals might be allowed to prevent a legal declaration of breach, lasting only as long as necessary.
7. Severability Read Opens in new tab
Summary AI
If any part of this law or an amendment made by it is found to be invalid or unconstitutional, the rest of the law, including other amendments and how they apply, will still remain valid and enforceable.