Sec. 301. Moratorium on new major fossil fuel projects
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In this section: The term fossil fuel energy means electric energy generated, in whole or in part, by a fossil fuel resource. The term fossil fuel resource means all forms of coal, oil, and gas. The term gathering line has the meaning given the term in section 195.2 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). The term interstate pipeline has the meaning given the term in section 195.2 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Subject to subsection (e), beginning on January 1, 2018, there shall be a moratorium on Federal permit approval for— any new electric generating facility that generates fossil fuel energy through the combustion of any fossil fuel resource; any new gathering line or interstate pipeline for the transport of any fossil fuel resource that— crosses Federal land or navigable water; or requires the use of eminent domain on private property; any maintenance activity relating to an existing gathering line or interstate pipeline for the transport of a fossil fuel resource that expands the carrying capacity of the gathering line or interstate pipeline by more than 5 percent; any new or expanding import or export terminal for fossil fuel resources; any maintenance activity relating to an existing import or export terminal for a fossil fuel resource that expands the import or export capacity for a fossil fuel resource; any new refinery of a fossil fuel resource; and any exploration for any type of fossil fuel.
The Administrator may seek an injunction on the construction of any facility described in subsection
(b)that begins on or after January 1, 2018. The Administrator, in coordination with the head of the applicable Federal agency, shall deny any application submitted to the head of that Federal agency on or after January 1, 2018, for a permit for any facility described in subsection (b). If an application for routing or siting approval, or permit or right-of-way was granted, approved, or issued on or after February 8, 2017, for any facility described in subsection
(b)without the consultation required under Executive Order 13175 ( 25 U.S.C. 5301 note; relating to tribal consultation), or without the informed and express consent of the applicable Indian tribe, the Administrator or appropriate agency head shall order an immediate suspension of any preconstruction, construction, or any other activity within, on, under, or through the approved route or right-of-way or permitted area. The suspension described in paragraph
(1)shall remain in full force and effect until conclusion of the appropriate administrative proceeding. Any application, permit, or right-of-way granted or issued for any facility described in subsection
(b)that, on or after February 8, 2017, triggers the use of eminent domain shall be null and void.
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