[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3982 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3982
To require applicable Federal agencies to take action on applications
for Federal energy authorizations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 31, 2022
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To require applicable Federal agencies to take action on applications
for Federal energy authorizations, 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.
This Act may be cited as the ``Furthering Resource Exploration and
Empowering American Energy Act'' or the ``FREE American Energy Act''.
SEC. 2. FEDERAL ENERGY AUTHORIZATIONS.
(a) Definition of Federal Energy Authorization.--In this section,
the term ``Federal energy authorization'' means a permit, waiver,
license, or other authorization required from a Federal agency relating
to--
(1) a natural gas transmission project;
(2) a natural gas interstate project;
(3) the exportation of natural gas;
(4) oil and gas lease sales;
(5) onshore and offshore oil and gas drilling exploration;
or
(6) alternative energy production, including--
(A) geothermal production;
(B) solar production;
(C) wind production; and
(D) mineral production.
(b) Agency Action.--
(1) In general.--The President, acting through the Director
of the Office of Management and Budget, shall require each
applicable Federal agency to, not later than 60 days after the
date of enactment of this Act, review and approve or deny each
application for a Federal energy authorization that is pending
with the Federal agency on the date of enactment of this Act.
(2) Subsequent applications.--The President, acting through
the Director of the Office of Management and Budget, shall
require each applicable Federal agency to, not later than 60
days after the date on which the Federal agency receives an
application for a Federal energy authorization, review and
approve or deny the application.
(c) Denial.--If a Federal agency denies an application for a
Federal energy authorization under paragraph (1) or (2) of subsection
(b), not later than 5 days after the date of the denial, the Federal
agency shall submit to Congress a detailed explanation of the reasons
for the denial.
(d) Extension.--On request by the head of a Federal agency, the
President, acting through the Director of the Office of Management and
Budget, may grant an extension of the deadline under paragraph (1) or
(2) of subsection (b) of not more than 30 days, on the condition that
the head of the Federal agency submits to Congress an explanation of
the reasons why the extension is necessary.
SEC. 3. FERC AUTHORIZATIONS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) FERC authorization.--The term ``FERC authorization''
means a permit, waiver, license, or other authorization
required from the Commission relating to--
(A) transportation of oil by pipeline in interstate
commerce;
(B) construction of new interstate natural gas
pipelines or natural gas storage projects;
(C) liquefied natural gas terminal projects; or
(D) projects relating to hydropower.
(b) FERC Action.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Commission shall review and approve
or deny each application for a FERC authorization that is
pending on the date of enactment of this Act.
(2) Subsequent applications.--Not later than 60 days after
the date on which the Commission receives an application for a
FERC authorization, the Commission shall review and approve or
deny the application.
(c) Denial.--If the Commission denies an application for a FERC
authorization under paragraph (1) or (2) of subsection (b), not later
than 5 days after the date of the denial, the Commission shall submit
to Congress a detailed explanation of the reasons for the denial.
(d) Extension.--
(1) In general.--The Commission may submit to Congress a
request for an extension of the deadline under paragraph (1) or
(2) of subsection (b) of not more than 30 days, which shall
include an explanation of the reasons why the extension is
necessary.
(2) Congressional approval.--A request for an extension
under paragraph (1) may only be approved by an Act of Congress.
SEC. 4. RESCISSION OF EXECUTIVE ORDER.
Executive Order 13990 (42 U.S.C. 4321 note; relating to protecting
public health and the environment and restoring science to tackle the
climate crisis) is rescinded and shall have no force or effect.
SEC. 5. CONSTRUCTION, CONNECTION, OPERATION, AND MAINTENANCE OF OIL OR
NATURAL GAS PIPELINES OR ELECTRIC TRANSMISSION
FACILITIES.
(a) In General.--No Presidential permit (or similar permit)
required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. Reg.
25299 (April 30, 2004)), Executive Order 11423 (3 U.S.C. 301 note; 33
Fed. Reg. 11741 (August 16, 1968)), section 301 of title 3, United
States Code, Executive Order 12038 (43 Fed. Reg. 3674 (January 26,
1978)), Executive Order 10485 (18 Fed. Reg. 5397 (September 9, 1953)),
or any other Executive order shall be necessary for the construction,
connection, operation, or maintenance of an oil or natural gas pipeline
or electric transmission facility or any cross-border segment thereof.
(b) Congressional Authority.--The construction, connection,
operation, or maintenance of an oil or natural gas pipeline or electric
transmission facility, or any cross-border segment thereof, may be
approved by an Act of Congress.
SEC. 6. ENERGY PRODUCTION PERMITS ON FEDERAL LAND.
(a) Definitions.--In this section:
(1) Agency; rule making.--The terms ``agency'' and ``rule
making'' have the meanings given the terms in section 551 of
title 5, United States Code.
(2) Federal land.--The term ``Federal land'' means public
lands (as defined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)).
(b) Delegation.--Not later than 180 days after the date of
enactment of this Act, the President, acting through the Director of
the Office of Management and Budget, shall initiate a rule making to
develop an interagency process under which any authority or requirement
of an agency to issue a permit or other required authorization
necessary to identify, develop, extract, and transport oil or natural
gas on Federal land shall be delegated to the State within the borders
of which the Federal land is located, on written request of the State
to assume such authority.
SEC. 7. CODIFICATION OF NEPA IMPLEMENTING REGULATIONS REFORM RULE.
The final rule of the Council on Environmental Quality entitled
``Update to the Regulations Implementing the Procedural Provisions of
the National Environmental Policy Act'' (85 Fed. Reg. 43304 (July 16,
2020)) is enacted into law.
SEC. 8. NAVIGABLE WATERS PROTECTION RULE.
The final rule of the Corps of Engineers and the Environmental
Protection Agency entitled ``The Navigable Waters Protection Rule:
Definition of `Waters of the United States''' (85 Fed. Reg. 22250
(April 21, 2020)) is enacted into law.
SEC. 9. TERMINATION OF CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE
MOTOR VEHICLES.
Section 30D of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(h) Termination.--This section shall not apply with respect to
any vehicle acquired after December 31, 2022.''.
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