[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9087 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9087
To restart onshore and offshore oil and gas leasing, streamline
permitting for energy infrastructure, ensure transparency in energy
development on Federal lands, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2022
Mr. Westerman (for himself and Mr. Graves of Missouri) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committees on Agriculture,
Transportation and Infrastructure, Energy and Commerce, and Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To restart onshore and offshore oil and gas leasing, streamline
permitting for energy infrastructure, ensure transparency in energy
development on Federal lands, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Transparency And
Production of American Energy Act'' or the ``TAP American Energy Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Severability.
TITLE I--FEDERAL OIL AND GAS PROGRAMS
Sec. 101. Prohibition on moratoria of new energy leases on certain
Federal land and on withdrawal of Federal
land from energy development.
Sec. 102. Onshore oil and gas leasing.
Sec. 103. Processing applications for permits to drill.
Sec. 104. Access to Federal oil and gas from non-Federal surface
estate.
Sec. 105. Offshore oil and gas leasing.
Sec. 106. Five-year plan for offshore oil and gas leasing.
Sec. 107. Offshore geological and geophysical survey licensing.
TITLE II--OVERSIGHT AND TRANSPARENCY OF FEDERAL ENERGY LEASING PROGRAMS
Sec. 201. Expressions of interest; applications for permits to drill;
offshore geological and geophysical survey
licensing.
Sec. 202. Staff planning report.
TITLE III--ADVANCING U.S. ENERGY SYSTEMS
Sec. 301. Definitions.
Sec. 302. Renewable energy and transmission projects and rights-of-way.
Sec. 303. No net loss determination for existing rights-of-way.
Sec. 304. National Environmental Policy Act clarification.
Sec. 305. Determination of National Environmental Policy Act adequacy.
Sec. 306. National Environmental Policy Act review deadlines.
Sec. 307. Determination regarding right-of-way.
Sec. 308. Energy corridor expansion.
Sec. 309. Funding to process permits and develop information
technology.
Sec. 310. Geothermal leasing.
Sec. 311. Terms of rights-of-way.
Sec. 312. Limitation on claims.
TITLE IV--ADVANCING ENERGY INFRASTRUCTURE
Sec. 401. Liquefied natural gas by rail.
Sec. 402. One Federal decision for pipelines.
Sec. 403. Clean Water Act Certification.
Sec. 404. Limitation on claims.
SEC. 2. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be invalid or unconstitutional, the remainder
of this Act, the amendments made by this Act, and the application of
such provisions to any person or circumstance shall not be affected
thereby.
TITLE I--FEDERAL OIL AND GAS PROGRAMS
SEC. 101. PROHIBITION ON MORATORIA OF NEW ENERGY LEASES ON CERTAIN
FEDERAL LAND AND ON WITHDRAWAL OF FEDERAL LAND FROM
ENERGY DEVELOPMENT.
(a) Prohibitions.--
(1) In general.--Notwithstanding any other provision of
law, the President shall not carry out any action that would
prohibit or substantially delay the issuance of any of the
following on Federal land, unless such an action has been
authorized by an Act of Congress:
(A) New oil and gas leases, drill permits,
approvals, or authorizations.
(B) New coal leases (including leases by
applications in process or expansions of existing
leases), permits, approvals, or authorizations.
(2) Prohibition on withdrawal.--Notwithstanding any other
provision of law, the President shall not withdraw any Federal
land from forms of entry, appropriation, or disposal under the
public land laws or disposition under laws pertaining to
mineral and geothermal leasing unless the withdrawal has been
authorized by an Act of Congress.
(b) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means--
(A) National Forest System land;
(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702));
(C) the outer Continental Shelf (as defined in
section 2 of the Outer Continental Shelf Lands Act (43
U.S.C. 1331)); and
(D) land managed by the Secretary of Energy.
(2) President.--The term ``President'' means the President
or any designee, including--
(A) the Secretary of Agriculture;
(B) the Secretary of Energy; and
(C) the Secretary of the Interior.
SEC. 102. ONSHORE OIL AND GAS LEASING.
(a) Requirement To Immediately Resume Onshore Oil and Gas Lease
Sales.--
(1) In general.--The Secretary of the Interior shall
immediately resume onshore oil and gas lease sales in
compliance with the Mineral Leasing Act (30 U.S.C. 181 et
seq.).
(2) Requirement.--The Secretary of the Interior shall
ensure that any oil and gas lease sale pursuant to paragraph
(1) is conducted immediately on completion of all applicable
scoping, public comment, and environmental analysis
requirements under the Mineral Leasing Act (30 U.S.C. 181 et
seq.) and the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(b) Annual Lease Sales.--
(1) In general.--In accordance with the Mineral Leasing Act
(30 U.S.C. 181 et seq.), beginning in fiscal year 2023, the
Secretary of the Interior shall annually conduct a minimum of
four oil and gas lease sales in each of the following States:
(A) Wyoming.
(B) New Mexico.
(C) Colorado.
(D) Utah.
(E) Montana.
(F) North Dakota.
(G) Oklahoma.
(H) Nevada.
(I) Any other State in which there is land
available for oil and gas leasing under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or any other
mineral leasing law.
(2) Requirement.--In conducting a lease sale under
paragraph (1) in a State described in that paragraph, the
Secretary of the Interior shall offer all parcels eligible for
oil and gas exploration, development, and production under the
resource management plan in effect for the State.
(3) Replacement sales.--If, for any reason, a lease sale
under paragraph (1) for a fiscal year is canceled, delayed, or
deferred, including for a lack of eligible parcels, the
Secretary of the Interior shall conduct a replacement sale
during the same fiscal year.
SEC. 103. PROCESSING APPLICATIONS FOR PERMITS TO DRILL.
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 which do not directly affect or
involve the application or related lease, the Secretary shall
process an application for a permit to drill under a valid
existing lease, unless a United States Federal court has
determined that the lease was not issued in compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).''.
SEC. 104. ACCESS TO FEDERAL OIL AND GAS FROM NON-FEDERAL SURFACE
ESTATE.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by
adding at the end the following:
``(r) No Federal Permit Required for Oil and Gas Activities on
Certain Land.--
``(1) In general.--The Secretary shall not require an
operator to obtain a Federal drilling permit for oil and gas
exploration and production activities conducted on non-Federal
surface estate, provided that--
``(A) the United States holds an ownership interest
of less than 50 percent of the subsurface mineral
estate to be accessed by the proposed action; and
``(B) the operator submits to the Secretary a State
permit to conduct oil and gas exploration and
production activities on the non-Federal surface
estate.
``(2) No federal action.--An oil and gas exploration and
production activity carried out under paragraph (1)--
``(A) shall require no additional Federal action;
``(B) may commence 30 days after submission of the
State permit to the Secretary;
``(C) shall be categorically excluded from any
further analysis and documentation under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) if the activity is conducted pursuant to this Act
for the purpose of exploration or development of oil or
gas; and
``(D) shall not be subject to--
``(i) section 306108 of title 54, United
States Code (commonly known as the National
Historic Preservation Act of 1966); and
``(ii) section 7 of the Endangered Species
Act of 1973 (16 U.S.C. 1536).
``(3) Royalties and production accountability.--(A) Nothing
in this subsection shall affect the amount of royalties due to
the United States under this Act from the production of oil and
gas, or alter the Secretary's authority to conduct audits and
collect civil penalties pursuant to the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.).
``(B) The Secretary may conduct onsite reviews and
inspections to ensure proper accountability, measurement, and
reporting of production of Federal oil and gas, and payment of
royalties.
``(4) Exceptions.--This subsection shall not apply to
actions on Indian lands or resources managed in trust for the
benefit of Indian Tribes.''.
SEC. 105. OFFSHORE OIL AND GAS LEASING.
(a) In General.--The Secretary shall conduct all lease sales
described in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing
Proposed Final Program (November 2016) that have not been conducted as
of the date of enactment of this Act by not later than September 30,
2023.
(b) Gulf of Mexico Region Annual Lease Sales.--Notwithstanding any
other provision of law, beginning in fiscal year 2023, the Secretary of
the Interior shall annually conduct a minimum of 2 region-wide oil and
gas lease sales in the following planning areas of the Gulf of Mexico
region, as described in the 2017-2022 Outer Continental Shelf Oil and
Gas Leasing Proposed Final Program (November 2016):
(1) The Central Gulf of Mexico Planning Area.
(2) The Western Gulf of Mexico Planning Area.
(c) Alaska Region Annual Lease Sales.--Notwithstanding any other
provision of law, beginning in fiscal year 2022, the Secretary of the
Interior shall annually conduct a minimum of 2 region-wide oil and gas
lease sales in the Alaska region of the Outer Continental Shelf, as
described in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing
Proposed Final Program (November 2016).
(d) Requirements.--In conducting lease sales under subsections (b)
and (c), the Secretary of the Interior shall--
(1) issue such leases in accordance with the Outer
Continental Shelf Lands Act (43 U.S.C. 1332 et seq.); and
(2) include in each such lease sale all unleased areas that
are not subject to restrictions as of the date of the lease
sale.
SEC. 106. FIVE-YEAR PLAN FOR OFFSHORE OIL AND GAS LEASING.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended--
(1) in subsection (a)--
(A) by striking ``subsections (c) and (d) of this
section, shall prepare and periodically revise,'' and
inserting ``this section, shall issue every five
years'';
(B) by adding at the end the following:
``(5) Each five-year program shall include at least two
lease sales per year.''; and
(C) in paragraph (3), by inserting ``domestic
energy security,'' after ``between'';
(2) by redesignating subsections (f) through (h) as
subsections (h) through (j), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Five-Year Program for 2023-2028.--The Secretary shall issue
the five-year oil and gas leasing program for 2023 through 2028 by not
later than December 31, 2022.
``(g) Subsequent Leasing Programs.--
``(1) In general.--Not later than 36 months after
conducting the first lease sale under an oil and gas leasing
program prepared pursuant to this section, the Secretary shall
begin preparing the subsequent oil and gas leasing program
under this section.
``(2) Requirement.--Each subsequent oil and gas leasing
program under this section shall be approved by not later than
180 days before the expiration of the previous oil and gas
leasing program.''.
SEC. 107. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING.
The Secretary of the Interior shall authorize geological and
geophysical surveys related to oil and gas activities on the Gulf of
Mexico Outer Continental Shelf, except within areas subject to existing
oil and gas leasing moratoria. Such authorizations shall be issued
within 30 days of receipt of a completed application and shall, as
applicable to survey type, comply with the mitigation and monitoring
measures in subsections (a), (b), (c), (d), (f), and (g) of section
217.184 of title 50, Code of Federal Regulations (as in effect on
January 1, 2022), and section 217.185 of title 50, Code of Federal
Regulations (as in effect on January 1, 2022). Geological and
geophysical surveys authorized pursuant to this section are deemed to
be in full compliance with the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), and their implementing regulations.
TITLE II--OVERSIGHT AND TRANSPARENCY OF FEDERAL ENERGY LEASING PROGRAMS
SEC. 201. EXPRESSIONS OF INTEREST; APPLICATIONS FOR PERMITS TO DRILL;
OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING.
(a) Report.--Not later than 30 days after the date of enactment of
this section, the Secretary of the Interior shall submit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report that
describes--
(1) the status of nominated parcels for future onshore oil
and gas lease sales, including--
(A) the number of expressions of interest that the
Bureau of Land Management has not taken any action to
review, or not completed review of, as of the date of
enactment of this section; and
(B) how long such expressions of interest have been
pending;
(2) the status of each pending application for a permit to
drill, including the number of applications received, in each
Bureau of Land Management State office as of the date of
enactment of this section, including--
(A) a description of the cause of delay for pending
applications, including as a result of staffing
shortages, technical limitations, incomplete
applications, and incomplete review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or other applicable laws;
(B) the number of days an application has been
pending in violation of section 17(p)(2) of the Mineral
Leasing Act (30 U.S.C. 226(p)(2)); and
(C) steps the office is taking to come into
compliance with the requirements of section 17(p)(2) of
the Mineral Leasing Act (30 U.S.C. 226(p)(2));
(3) the number of permits to drill issued by each Bureau of
Land Management State office as of the date of enactment of
this section;
(4) the status of each pending application for a license
for offshore geological and geophysical surveys, including the
number of applications received, in each Bureau of Ocean Energy
management regional office, including--
(A) a description of any cause of delay for pending
applications, including as a result of staffing
shortages, technical limitations, incomplete
applications, and incomplete review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or other applicable laws;
(B) the number of days an application has been
pending; and
(C) steps the Bureau of Ocean Energy Management is
taking to complete review of each application;
(5) the number of licenses for offshore geological and
geophysical surveys issued by each Bureau of Ocean Energy
Management regional office as of the date of enactment of this
section;
(6) the status of each pending application for a permit to
drill, including the number of applications received, in each
Bureau of Safety and Environmental Enforcement regional office,
including--
(A) a description of any cause of delay for pending
applications, including as a result of staffing
shortages, technical limitations, incomplete
applications, and incomplete review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or other applicable laws;
(B) the number of days an application has been
pending; and
(C) steps the Bureau of Safety and Environmental
Enforcement is taking to complete review of each
application;
(7) the number of permits to drill issued by each Bureau of
Safety and Environmental Enforcement regional office as of the
date of enactment of this section;
(8) how, as applicable, the Bureau of Land Management, the
Bureau of Ocean Energy Management, and the Bureau of Safety and
Environmental Enforcement determines whether to--
(A) issue a license for geological and geophysical
surveys;
(B) issue a permit to drill; and
(C) issue, extend, or suspend an oil and gas lease;
(9) when determinations described in paragraph (8) are sent
to the national office of the Bureau of Land Management, the
Bureau of Ocean Energy Management, or the Bureau of Safety and
Environmental Enforcement for final approval;
(10) the degree to which Bureau of Land Management, Bureau
of Ocean Energy Management, and Bureau of Safety and
Environmental Enforcement field, State, and regional offices
exercise discretion on such final approval;
(11) the number of auctioned leases receiving accepted bids
that have not been issued to winning bidders and the number
days such leases have not been issued; and
(12) a description of the uses of application for permit to
drill fees paid by permit holders over the previous 5-year
period.
(b) Pending Applications for Permits To Drill.--Not later than 30
days after the date of enactment of this section, the Secretary of the
Interior shall issue all pending applications for a permit to drill
that meet the requirements of section 17(p)(2) of the Mineral Leasing
Act (30 U.S.C. 226(p)(2)).
(c) Public Availability of Data.--
(1) Mineral leasing act.--Section 17 of the Mineral Leasing
Act (30 U.S.C. 226) is amended by adding at the end the
following:
``(s) Public Availability of Data.--
``(1) Expressions of interest.--Not later than 30 days
after the date of enactment of this subsection, and each month
thereafter, the Secretary shall publish on the website of the
Department of the Interior the number of pending, approved, and
not approved expressions of interest in nominated parcels for
future onshore oil and gas lease sales in the preceding month.
``(2) Applications for permits to drill.--Not later than 30
days after the date of enactment of this subsection, and each
month thereafter, the Secretary shall publish on the website of
the Department of the Interior the number of pending and
approved applications for permits to drill in the preceding
month in each State office.
``(3) Past data.--Not later than 30 days after the date of
enactment of this subsection, the Secretary shall publish on
the website of the Department of the Interior, with respect to
the 5-year period ending on the date of enactment of this
subsection--
``(A) the number of approved and not approved
expressions of interest for onshore oil and gas lease
sales during such 5-year period; and
``(B) the number of approved and not approved
applications for permits to drill during such 5-year
period.''.
(2) Outer continental shelf lands act.--Section 8 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended
by adding at the end the following:
``(q) Public Availability of Data.--
``(1) Offshore geological and geophysical survey
licenses.--Not later than 30 days after the date of enactment
of this subsection, and each month thereafter, the Secretary
shall publish on the website of the Department of the Interior
the number of pending and approved applications for licenses
for offshore to geological and geophysical surveys in the
preceding month.
``(2) Applications for permits to drill.--Not later than 30
days after the date of enactment of this subsection, and each
month thereafter, the Secretary shall publish on the website of
the Department of the Interior the number of pending and
approved applications for permits to drill on the outer
Continental Shelf in the preceding month in each regional
office.
``(3) Past data.--Not later than 30 days after the date of
enactment of this subsection, the Secretary shall publish on
the website of the Department of the Interior, with respect to
the 5-year period ending on the date of enactment of this
subsection--
``(A) the number of approved applications for
licenses for offshore geological and geophysical
surveys; and
``(B) the number of approved applications for
permits to drill on the outer Continental Shelf.''.
(d) Requirement To Submit Documents and Communications.--
(1) In general.--Not later than 60 days after the date of
enactment of this section, the Secretary of the Interior shall
submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives all documents and communications relating to
the comprehensive review of Federal oil and gas permitting and
leasing practices required under section 208 of Executive Order
14008 (86 Fed. Reg. 7624; relating to tackling the climate
crisis at home and abroad).
(2) Inclusions.--The submission under paragraph (1) shall
include all documents and communications submitted to the
Secretary of the Interior by members of the public in response
to any public meeting or forum relating to the comprehensive
review described in that paragraph.
SEC. 202. STAFF PLANNING REPORT.
The Secretary of the Interior and the Secretary of Agriculture
shall each annually submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the staffing capacity of each
respective agency with respect to issuing oil, gas, coal, and renewable
energy leases, rights-of-way, easements, and permits. Each such report
shall include--
(1) the number of staff assigned to oil, gas, coal, and
renewable energy leasing and permitting, respectively; and
(2) a description of how many staff are needed to meet
statutory requirements for such leasing and permitting and how,
as applicable, the Department of the Interior or the Department
of Agriculture plans to address staffing shortfalls for such
leasing and permitting.
TITLE III--ADVANCING U.S. ENERGY SYSTEMS
SEC. 301. DEFINITIONS.
In this title:
(1) Energy facility.--The term ``energy facility'' means a
facility the primary purpose of which is the exploration for,
or the development, production, conversion, storage, transfer,
processing, or transportation of, any energy resource.
(2) Energy storage device.--The term ``energy storage
device''--
(A) means any equipment that stores energy,
including electricity, compressed air, pumped water,
heat, and hydrogen, which may be converted into, or
used to produce, electricity; and
(B) includes a battery, regenerative fuel cell,
flywheel, capacitor, superconducting magnet, and any
other equipment the Secretary concerned determines may
be used to store energy which may be converted into, or
used to produce, electricity.
(3) Public lands.--The term ``public lands'' means any land
and interest in land owned by the United States within the
several States and administered by the Secretary of the
Interior or the Secretary of Agriculture without regard to how
the United States acquired ownership, except--
(A) lands located on the Outer Continental Shelf;
and
(B) lands held for the benefit of Indians, Aleuts,
and Eskimos.
(4) Renewable energy facility.--The term ``renewable energy
facility'' means any equipment or facility that produces
electricity from a renewable energy resource, including wind,
solar, tidal, biomass, landfill gas, geothermal, methane,
hydrogen, or water.
(5) Right-of-way.--The term ``right-of-way'' means--
(A) a right-of-way issued, granted, or renewed
under section 501 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761); or
(B) a right-of-way granted under section 28 of the
Mineral Leasing Act (30 U.S.C. 185).
(6) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to public lands, the Secretary of
the Interior; and
(B) with respect to National Forest System Lands,
the Secretary of Agriculture.
SEC. 302. RENEWABLE ENERGY AND TRANSMISSION PROJECTS AND RIGHTS-OF-WAY.
(a) Exemption.--An action by the Secretary concerned with respect
to a covered activity shall be not considered a major Federal action
under section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)).
(b) Covered Activity.--In this section, the term ``covered
activity'' means--
(1) geotechnical investigations;
(2) off-road travel in an existing right-of-way;
(3) construction of meteorological towers where the total
soil or vegetation disruption at the location is less than 5
acres;
(4) adding a battery or other energy storage device to an
existing or planned energy facility, if that storage resource
is located within the physical footprint of the existing or
planned energy facility;
(5) drilling temperature gradient holes and other
geothermal exploratory wells, including constructing or making
improvements to structure pads for such activities--
(A) that are less than 12 inches in diameter; and
(B) where the total soil or vegetation disruption
at the location is less than 5 acres;
(6) any repair, maintenance, upgrade, optimization, or
minor addition to existing transmission and distribution
infrastructure, including--
(A) operation, maintenance, or repair of power
equipment and structures within existing substations,
switching stations, transmission, and distribution
lines;
(B) the addition, modification, retirement, or
replacement of breakers, transmission towers,
transformers, bushings, or relays;
(C) the voltage uprating, modification,
reconductoring with conventional or advanced
conductors, and clearance resolution of transmission
lines;
(D) routine and emergency vegetation management,
including the removal of hazard trees and other hazard
vegetation within or adjacent to an existing right-of-
way; and
(E) improvements to or construction of structure
pads for such infrastructure;
(7) approval of and activities conducted in accordance with
operating plans or agreements for transmission and distribution
facility or under a special use authorization for an electric
transmission and distribution facility right-of-way; and
(8) construction, maintenance, realignment, or repairs on
an existing permanent or temporary access road--
(A) within an existing right-of-way or within a
transmission or utility corridor established by
Congress or in a land use plan; or
(B) that serves an existing transmission line,
distribution line, or renewable energy facility.
SEC. 303. NO NET LOSS DETERMINATION FOR EXISTING RIGHTS-OF-WAY.
Upon a determination by the Secretary concerned that there will be
no overall net loss of vegetation, soil, or habitat, as defined by
acreage and function, resulting from a proposed action, decision, or
activity within an existing right-of-way or within a right-of-way
corridor established in a land use plan, that action, decision, or
activity shall not be considered a major Federal action under section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
SEC. 304. NATIONAL ENVIRONMENTAL POLICY ACT CLARIFICATION.
Title I of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) is amended by adding at the end the following:
``SEC. 106. APPLICATION LIMITED TO FEDERAL LAND AND CERTAIN FEDERAL
ACTIONS.
``(a) In General.--Under section 102(2)(C), the term `major Federal
action' does not include a project or action that--
``(1) does not involve Federal land; and
``(2) is not subject to Federal control and responsibility.
``(b) Exclusion.--A project or action may not be determined to be a
major Federal action under section 102(2)(C) on the basis of--
``(1) an interstate effect of such project or action; or
``(2) the provision of Federal funds for such project or
activity.
``(c) Scope of Review.--The scope of any review under section 102
shall extend only to so much of a major Federal action as is--
``(1) on Federal land; or
``(2) is subject to Federal control and responsibility.''.
SEC. 305. DETERMINATION OF NATIONAL ENVIRONMENTAL POLICY ACT ADEQUACY.
The Secretary concerned shall use previously completed
environmental assessments and environmental impact statements to
satisfy the requirements of section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) with respect to any proposed
transmission project, any proposed project to construct, connect,
operate, or maintain a pipeline facility to transport an energy
resource, hydrogen, carbon dioxide, or natural gas, or any proposed
project to construct or maintain a renewable energy facility if such
Secretary determines that--
(1) the new proposed action is substantially the same as a
previously analyzed proposed action or alternative analyzed in
a previous environmental assessment or environmental impact
statement; and
(2) the effects of the proposed action are substantially
the same as the effects analyzed in such existing environmental
assessments or environmental impact statements.
SEC. 306. NATIONAL ENVIRONMENTAL POLICY ACT REVIEW DEADLINES.
(a) In General.--With respect to major Federal actions carried out
by the Secretary of the Interior or the Secretary of Agriculture, the
Secretary concerned shall complete--
(1) any environmental assessment required under section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) relating to the major Federal action by not
later than 1 year after the sooner of, as applicable--
(A) the date on which the Secretary concerned
notifies the applicant under section 307 that the
application to establish a right-of-way for the major
Federal action is complete; and
(B) the date on which the Secretary concerned
begins the scoping for the major Federal action; and
(2) any environmental impact statement required section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) relating to the major Federal action by not
later than 2 years after the sooner of, as applicable--
(A) the date on which the Secretary concerned
notifies the applicant under section 307 that the
application to establish a right-of-way for the major
Federal action is complete; and
(B) the date on which the Secretary concerned
issues a notice of intent to prepare the environmental
impact statement for the major Federal action.
(b) Extension.--The Secretary concerned may extend a deadline
described in subsection (a) with the approval of the applicant.
(c) Report.--
(1) In general.--The Secretary concerned shall each
annually submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that--
(A) identifies any environmental assessment and
environmental impact statement that is not completed by
the appropriate deadline described in subsection (a) or
the deadline extended under subsection (b), as
applicable; and
(B) provides an explanation for any failure to meet
such deadline.
(2) Inclusions.--Each report submitted under paragraph (1)
shall identify--
(A) the respective field office, ranger district,
or region office, as applicable, responsible for each
such environmental assessment and environmental impact
statement;
(B) as applicable, the date on which--
(i) the Secretary concerned notifies the
applicant under section 307 that the
application to establish a right-of-way for the
major Federal action is complete;
(ii) the Secretary concerned begins the
scoping for the major Federal action; or
(iii) the Secretary concerned issues a
notice of intent to prepare the environmental
impact statement for the major Federal action;
and
(C) when such environmental assessment and
environmental impact statement is expected to be
complete.
SEC. 307. DETERMINATION REGARDING RIGHT-OF-WAY.
Not later than 60 days after the Secretary concerned receives an
application to establish a right-of-way, the Secretary concerned shall
notify the applicant as to whether the application is complete or
deficient. If the Secretary concerned determines the application is
complete, the Secretary concerned may not consider any other
application to establish a right-of-way on the same or any overlapping
parcels of land while such application is pending.
SEC. 308. ENERGY CORRIDOR EXPANSION.
Section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926) is
amended by inserting at the end the following:
``(f) Nominations and Expressions of Interest for Energy Corridor
Expansion.--(1) Not later than 180 days after the date of the enactment
of this Act, the Secretaries, acting jointly, shall establish
procedures, in accordance with the subsection, under their respective
authorities for States and counties to submit requests to the
Secretaries, jointly, for Federal land to be added to existing
corridors for oil, gas, CO2 and hydrogen pipelines and electricity
transmission and distribution facilities on Federal land within the
borders of the requesting States and counties.
``(2) A request under paragraph (1) must be submitted jointly by
the Governor of each State and the highest elected official of each
county within whose borders the Federal land to be added to the
existing corridor is located.
``(3) After receiving a request that is in accordance with the
procedures established under paragraph (1), the Secretaries, acting
jointly, shall--
``(A) consult with the Federal Energy Regulatory
Commission, affected utility service providers, Indian Tribes,
relevant State agencies, affected counties and municipalities,
and any other impacted persons as appropriate, regarding
whether to grant or deny the request;
``(B) for a request for an addition of more than 100 acres,
perform any environmental reviews that may be required to
complete the designation of such corridors before granting the
request;
``(C) respond to the requesting States and counties
indicating that the request is granted or denied, in whole or
in part--
``(i) not later than 150 days after receiving a
request for an addition of 100 acres or less; and
``(ii) not later than 1 year after receiving a
request for an addition of more than 100 acres;
``(D) for requests that are denied, in whole or in part,
explain the basis upon which the request was denied, in whole
or in part, and what, if any, corrective or supplementary
actions the requesting States and counties may take to address
the reasons for denial and to submit a new application; and
``(E) for requests that are granted, under their respective
authorities--
``(i) designate the Federal land subject to the
granted request as an addition to the existing
corridor;
``(ii) specify the centerline, width, and
compatible uses of the designated addition; and
``(iii) incorporate the designated addition into
the relevant agency land use and resource management
plans or equivalent plans.''.
SEC. 309. FUNDING TO PROCESS PERMITS AND DEVELOP INFORMATION
TECHNOLOGY.
(a) In General.--In fiscal years 2023 through 2025, the Secretary
of Agriculture (acting through the Forest Service) and the Secretary of
the Interior, after public notice, may accept and expend funds
contributed by non-Federal entities for dedicated staff, information
resource management, and information technology system development to
expedite the evaluation of permits, biological opinions, concurrence
letters, environmental surveys and studies, processing of applications,
consultations, and other activities for the leasing, development, or
expansion of an energy facility under the jurisdiction of the
respective Secretaries.
(b) Effect on Permitting.--In carrying out this section, the
Secretary of the Interior shall ensure that the use of funds accepted
under subsection (a) will not impact impartial decision making with
respect to permits, either substantively or procedurally.
SEC. 310. GEOTHERMAL LEASING.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is amended--
(1) in paragraph (2), by striking ``2 years'' and inserting
``year'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(3) after paragraph (2), by inserting the following:
``(3) Replacement sales.--If a lease sale under paragraph
(1) for a year is canceled or delayed, the Secretary of the
Interior shall conduct a replacement sale during the same year.
``(4) Requirement.--In conducting a lease sale under
paragraph (2) in a State described in that paragraph, the
Secretary of the Interior shall offer all nominated parcels
eligible for geothermal development and utilization under the
resource management plan in effect for the State.''.
SEC. 311. TERMS OF RIGHTS-OF-WAY.
(a) Federal Land Policy and Management Act of 1976.--Section 501 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) is
amended by adding at the end the following:
``(e) Any right-of-way granted, issued, amended, or renewed under
subsection (a)(4) may be limited to a term of not more than 50 years
before such right-of-way is subject to renewal or amendment.''.
(b) Mineral Leasing Act.--Section 28(n) of the Mineral Leasing Act
(30 U.S.C. 185(n)) is amended by striking ``thirty'' and inserting
``50''.
SEC. 312. LIMITATION ON CLAIMS.
(a) In General.--Notwithstanding any other provision of law, a
claim arising under Federal law seeking judicial review of a permit,
license, or approval issued by a Federal agency for a transmission,
distribution, or renewable energy project shall be barred unless--
(1) the claim is filed within 150 days after publication of
a notice in the Federal Register announcing that the permit,
license, or approval is final pursuant to the law under which
the agency action is taken, unless a shorter time is specified
in the Federal law pursuant to which judicial review is
allowed; and
(2) the claim is filed by a party that submitted a comment
during the public comment period for such permit, license, or
approval and such comment was sufficiently detailed to put the
agency on notice of the issue upon which the party seeks
judicial review.
(b) Savings Clause.--Nothing in this section shall create a right
to judicial review or place any limit on filing a claim that a person
has violated the terms of a permit, license, or approval.
(c) Transportation Projects.--Subsection (a) shall not apply to or
supersede a claim subject to section 139(l)(1) of title 23, United
States Code.
TITLE IV--ADVANCING ENERGY INFRASTRUCTURE
SEC. 401. LIQUEFIED NATURAL GAS BY RAIL.
(a) In General.--The Secretary of Transportation may not issue any
regulation or long-term order that--
(1) prohibits the transportation of ``methane, refrigerated
liquid'', commonly known as liquefied natural gas (LNG), by
rail; or
(2) restricts or contracts the scope of allowance provided
by the final rule of the Pipeline and Hazardous Materials
Safety Administration, titled ``Hazardous Materials: Liquefied
Natural Gas by Rail'' and published in the Federal Register on
July 24, 2020 (85 Fed. Reg. 44994).
(b) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary of Transportation
from issuing short-term emergency orders related to the transportation
of liquefied natural gas by rail.
SEC. 402. ONE FEDERAL DECISION FOR PIPELINES.
(a) In General.--Chapter 601 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 60144. Efficient environmental reviews and one Federal decision.
``(a) Efficient Environmental Reviews.--
``(1) In general.--The Secretary of Transportation shall
apply the project development procedures, to the greatest
extent feasible, described in section 139 of title 23 to any
pipeline project that requires the approval of the Secretary
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(2) Regulations and procedures.--In carrying out
paragraph (1), the Secretary shall incorporate into agency
regulations and procedures pertaining to pipeline projects
described in paragraph (1) aspects of such project development
procedures, or portions thereof, determined appropriate by the
Secretary in a manner consistent with this section, that
increase the efficiency of the review of pipeline projects.
``(3) Discretion.--The Secretary may choose not to
incorporate into agency regulations and procedures pertaining
to pipeline projects described in paragraph (1) such project
development procedures that could only feasibly apply to
highway projects, public transportation capital projects, and
multimodal projects.
``(4) Applicability.--Subsection (l) of section 139 of
title 23 shall apply to pipeline projects described in
paragraph (1).
``(b) Additional Categorical Exclusions.--The Secretary shall
maintain and make publicly available, including on the Internet, a
database that identifies project-specific information on the use of a
categorical exclusion on any pipeline project carried out under this
title.''.
(b) Clerical Amendment.--The analysis for chapter 601 of title 49,
United States Code, is amended by adding at the end the following:
``60144. Efficient environmental reviews and one Federal decision.''.
SEC. 403. CLEAN WATER ACT CERTIFICATION.
Section 401(d) of the Federal Water Pollution Control Act (33
U.S.C. 1341(d)) is amended--
(1) by inserting ``water quality standard in effect under
section 303 of this Act,'' before ``standard of performance'';
and
(2) by inserting ``water quality'' before ``requirement of
State law''.
SEC. 404. LIMITATION ON CLAIMS.
(a) In General.--Notwithstanding any other provision of law, a
claim arising under Federal law seeking judicial review of a permit or
lease sale for oil and gas production on Federal lands, or an
authorization needed for the construction, connection, operation, or
maintenance of pipeline facilities to transport an energy resource,
hydrogen, carbon dioxide, or natural gas, issued by a Federal agency
shall be barred unless--
(1) the claim is filed within 150 days after publication of
a notice in the Federal Register announcing that the permit,
lease sale, or authorization is final pursuant to the law under
which the agency action is taken, unless a shorter time is
specified in the Federal law pursuant to which judicial review
is allowed; and
(2) the claim is filed by a party that submitted a comment
during the public comment period for such permit, lease sale,
or authorization and such comment was sufficiently detailed to
put the agency on notice of the issue upon which the party
seeks judicial review.
(b) Savings Clause.--Nothing in this section shall create a right
to judicial review or place any limit on filing a claim that a person
has violated the terms of a permit, lease sale, or authorization.
(c) Transportation Projects.--Subsection (a) shall not apply to or
supersede a claim subject to section 139(l)(1) of title 23, United
States Code.
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