[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1 Engrossed in House (EH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1
_______________________________________________________________________
AN ACT
To lower energy costs by increasing American energy production,
exports, infrastructure, and critical minerals processing, by promoting
transparency, accountability, permitting, and production of American
resources, and by improving water quality certification and energy
projects, 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 ``Lower Energy Costs
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS,
INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING
Sec. 10001. Securing America's critical minerals supply.
Sec. 10002. Protecting American energy production.
Sec. 10003. Researching Efficient Federal Improvements for Necessary
Energy Refining.
Sec. 10004. Promoting cross-border energy infrastructure.
Sec. 10005. Sense of Congress expressing disapproval of the revocation
of the Presidential permit for the Keystone
XL pipeline.
Sec. 10006. Sense of Congress opposing restrictions on the export of
crude oil or other petroleum products.
Sec. 10007. Sense of Congress expressing disapproval of the denial of
Jordan Cove permits.
Sec. 10008. Unlocking our domestic LNG potential.
Sec. 10009. Promoting interagency coordination for review of natural
gas pipelines.
Sec. 10010. Interim hazardous waste permits for critical energy
resource facilities.
Sec. 10011. Flexible air permits for critical energy resource
facilities.
Sec. 10012. National security or energy security waivers to produce
critical energy resources.
Sec. 10013. Ending future delays in chemical substance review for
critical energy resources.
Sec. 10014. Natural gas tax repeal.
Sec. 10015. Repeal of greenhouse gas reduction fund.
Sec. 10016. Keeping America's refineries operating.
Sec. 10017. Homeowner energy freedom.
Sec. 10018. Study.
Sec. 10019. State primary enforcement responsibility.
Sec. 10020. Use of index-based pricing in acquisition of petroleum
products for the SPR.
Sec. 10021. Prohibition on certain exports.
Sec. 10022. Sense of Congress expressing disapproval of the proposed
tax hikes on the oil and natural gas
industry in the President's fiscal year
2024 budget request.
Sec. 10023. Domestic Energy Independence report.
Sec. 10024. GAO study.
Sec. 10025. Gas kitchen ranges and ovens.
DIVISION B--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF
AMERICAN RESOURCES
Sec. 20001. Short title; table of contents.
TITLE I--ONSHORE AND OFFSHORE LEASING AND OVERSIGHT
Sec. 20101. Onshore oil and gas leasing.
Sec. 20102. Lease reinstatement.
Sec. 20103. Protested lease sales.
Sec. 20104. Suspension of operations.
Sec. 20105. Administrative protest process reform.
Sec. 20106. Leasing and permitting transparency.
Sec. 20107. Offshore oil and gas leasing.
Sec. 20108. Five-year plan for offshore oil and gas leasing.
Sec. 20109. Geothermal leasing.
Sec. 20110. Leasing for certain qualified coal applications.
Sec. 20111. Future coal leasing.
Sec. 20112. Staff planning report.
Sec. 20113. Prohibition on Chinese communist party ownership interest.
Sec. 20114. Effect on other law.
Sec. 20115. Requirement for GAO report on wind energy impacts.
Sec. 20116. Sense of Congress on wind energy development supply chain.
Sec. 20117. Sense of Congress on oil and gas royalty rates.
Sec. 20118. Offshore wind environmental review process study.
Sec. 20119. GAO report on wind energy impacts.
TITLE II--PERMITTING STREAMLINING
Sec. 20201. Definitions.
Sec. 20202. BUILDER Act.
Sec. 20203. Codification of National Environmental Policy Act
regulations.
Sec. 20204. Non-major Federal actions.
Sec. 20205. No net loss determination for existing rights-of-way.
Sec. 20206. Determination of National Environmental Policy Act
adequacy.
Sec. 20207. Determination regarding rights-of-way.
Sec. 20208. Terms of rights-of-Way.
Sec. 20209. Funding to process permits and develop information
technology.
Sec. 20210. Offshore geological and geophysical survey licensing.
Sec. 20211. Deferral of applications for permits to drill.
Sec. 20212. Processing and terms of applications for permits to drill.
Sec. 20213. Amendments to the Energy Policy Act of 2005.
Sec. 20214. Access to Federal energy resources from non-Federal surface
estate.
Sec. 20215. Scope of environmental reviews for oil and gas leases.
Sec. 20216. Expediting approval of gathering lines.
Sec. 20217. Lease sale litigation.
Sec. 20218. Limitation on claims.
Sec. 20219. Government Accountability Office report on permits to
drill.
Sec. 20220. E-NEPA.
Sec. 20221. Limitations on claims.
Sec. 20222. One Federal decision for pipelines.
Sec. 20223. Exemption of certain wildfire mitigation activities from
certain environmental requirements.
Sec. 20224. Vegetation management, facility inspection, and operation
and maintenance relating to electric
transmission and distribution facility
rights of way.
Sec. 20225. Categorical exclusion for electric utility lines rights-of-
way.
Sec. 20226. Staffing plans.
TITLE III--PERMITTING FOR MINING NEEDS
Sec. 20301. Definitions.
Sec. 20302. Minerals supply chain and reliability.
Sec. 20303. Federal register process improvement.
Sec. 20304. Designation of mining as a covered sector for Federal
permitting improvement purposes.
Sec. 20305. Treatment of actions under presidential determination 2022-
11 for Federal permitting improvement
purposes.
Sec. 20306. Notice for mineral exploration activities with limited
surface disturbance.
Sec. 20307. Use of mining claims for ancillary activities.
Sec. 20308. Ensuring consideration of uranium as a critical mineral.
Sec. 20309. Barring foreign bad actors from operating on Federal lands.
Sec. 20310. Permit process for projects relating to extraction,
recovery, or processing of critical
materials.
Sec. 20311. National strategy to re-shore mineral supply chains.
TITLE IV--FEDERAL LAND USE PLANNING
Sec. 20401. Federal land use planning and withdrawals.
Sec. 20402. Prohibitions on delay of mineral development of certain
Federal land.
Sec. 20403. Definitions.
TITLE V--ENSURING COMPETITIVENESS ON FEDERAL LANDS
Sec. 20501. Incentivizing domestic production.
TITLE VI--ENERGY REVENUE SHARING
Sec. 20601. Gulf of Mexico Outer Continental Shelf revenue.
Sec. 20602. Parity in offshore wind revenue sharing.
Sec. 20603. Elimination of administrative fee under the Mineral Leasing
Act.
Sec. 20604. Sunset.
DIVISION C--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT
Sec. 30001. Short title; table of contents.
Sec. 30002. Certification.
Sec. 30003. Federal general permits.
DIVISION A--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS,
INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING
DIVISION A--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS,
INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING
Sec. 10001. Securing America's critical minerals supply.
Sec. 10002. Protecting American energy production.
Sec. 10003. Researching Efficient Federal Improvements for Necessary
Energy Refining.
Sec. 10004. Promoting cross-border energy infrastructure.
Sec. 10005. Sense of Congress expressing disapproval of the revocation
of the Presidential permit for the Keystone
XL pipeline.
Sec. 10006. Sense of Congress opposing restrictions on the export of
crude oil or other petroleum products.
Sec. 10007. Sense of Congress expressing disapproval of the denial of
Jordan Cove permits.
Sec. 10008. Unlocking our domestic LNG potential.
Sec. 10009. Promoting interagency coordination for review of natural
gas pipelines.
Sec. 10010. Interim hazardous waste permits for critical energy
resource facilities.
Sec. 10011. Flexible air permits for critical energy resource
facilities.
Sec. 10012. National security or energy security waivers to produce
critical energy resources.
Sec. 10013. Ending future delays in chemical substance review for
critical energy resources.
Sec. 10014. Natural gas tax repeal.
Sec. 10015. Repeal of greenhouse gas reduction fund.
Sec. 10016. Keeping America's refineries operating.
Sec. 10017. Homeowner energy freedom.
Sec. 10018. Study.
Sec. 10019. State primary enforcement responsibility.
Sec. 10020. Use of index-based pricing in acquisition of petroleum
products for the SPR.
Sec. 10021. Prohibition on certain exports.
Sec. 10022. Sense of Congress expressing disapproval of the proposed
tax hikes on the oil and natural gas
industry in the President's fiscal year
2024 budget request.
Sec. 10023. Domestic Energy Independence report.
Sec. 10024. GAO study.
Sec. 10025. Gas kitchen ranges and ovens.
SEC. 10001. SECURING AMERICA'S CRITICAL MINERALS SUPPLY.
(a) Amendment to the Department of Energy Organization Act.--The
Department of Energy Organization Act (42 U.S.C. 7101 et seq.) is
amended--
(1) in section 2, by adding at the end the following:
``(d) As used in sections 102(20) and 203(a)(12), the term
`critical energy resource' means any energy resource--
``(1) that is essential to the energy sector and energy
systems of the United States; and
``(2) the supply chain of which is vulnerable to
disruption.'';
(2) in section 102, by adding at the end the following:
``(20) To ensure there is an adequate and reliable supply
of critical energy resources that are essential to the energy
security of the United States.''; and
(3) in section 203(a), by adding at the end the following:
``(12) Functions that relate to securing the supply of
critical energy resources, including identifying and mitigating
the effects of a disruption of such supply on--
``(A) the development and use of energy
technologies; and
``(B) the operation of energy systems.''.
(b) Securing Critical Energy Resource Supply Chains.--
(1) In general.--In carrying out the requirements of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
the Secretary of Energy, in consultation with the appropriate
Federal agencies, representatives of the energy sector, States,
and other stakeholders, shall--
(A) conduct ongoing assessments of--
(i) energy resource criticality based on
the importance of critical energy resources to
the development of energy technologies and the
supply of energy;
(ii) the critical energy resource supply
chain of the United States;
(iii) the vulnerability of such supply
chain; and
(iv) how the energy security of the United
States is affected by the reliance of the
United States on importation of critical energy
resources;
(B) facilitate development of strategies to
strengthen critical energy resource supply chains in
the United States, including by--
(i) diversifying the sources of the supply
of critical energy resources; and
(ii) increasing domestic production,
separation, and processing of critical energy
resources;
(C) develop substitutes and alternatives to
critical energy resources; and
(D) improve technology that reuses and recycles
critical energy resources.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
of Energy shall submit to Congress a report containing--
(A) the results of the ongoing assessments
conducted under paragraph (1)(A);
(B) a description of any actions taken pursuant to
the Department of Energy Organization Act to mitigate
potential effects of critical energy resource supply
chain disruptions on energy technologies or the
operation of energy systems; and
(C) any recommendations relating to strengthening
critical energy resource supply chains that are
essential to the energy security of the United States.
(3) Critical energy resource defined.--In this section, the
term ``critical energy resource'' has the meaning given such
term in section 2 of the Department of Energy Organization Act
(42 U.S.C. 7101).
SEC. 10002. PROTECTING AMERICAN ENERGY PRODUCTION.
(a) Sense of Congress.--It is the sense of Congress that States
should maintain primacy for the regulation of hydraulic fracturing for
oil and natural gas production on State and private lands.
(b) Prohibition on Declaration of a Moratorium on Hydraulic
Fracturing.--Notwithstanding any other provision of law, the President
may not declare a moratorium on the use of hydraulic fracturing unless
such moratorium is authorized by an Act of Congress.
SEC. 10003. RESEARCHING EFFICIENT FEDERAL IMPROVEMENTS FOR NECESSARY
ENERGY REFINING.
Not later than 90 days after the date of enactment of this section,
the Secretary of Energy shall direct the National Petroleum Council
to--
(1) submit to the Secretary of Energy and Congress a report
containing--
(A) an examination of the role of petrochemical
refineries located in the United States and the
contributions of such petrochemical refineries to the
energy security of the United States, including the
reliability of supply in the United States of liquid
fuels and feedstocks, and the affordability of liquid
fuels for consumers in the United States;
(B) analyses and projections with respect to--
(i) the capacity of petrochemical
refineries located in the United States;
(ii) opportunities for expanding such
capacity; and
(iii) the risks to petrochemical refineries
located in the United States;
(C) an assessment of any Federal or State executive
actions, regulations, or policies that have caused or
contributed to a decline in the capacity of
petrochemical refineries located in the United States;
and
(D) any recommendations for Federal agencies and
Congress to encourage an increase in the capacity of
petrochemical refineries located in the United States;
and
(2) make publicly available the report submitted under
paragraph (1).
SEC. 10004. PROMOTING CROSS-BORDER ENERGY INFRASTRUCTURE.
(a) Authorization of Certain Energy Infrastructure Projects at an
International Boundary of the United States.--
(1) Authorization.--Except as provided in paragraph (3) and
subsection (d), no person may construct, connect, operate, or
maintain a border-crossing facility for the import or export of
oil or natural gas, or the transmission of electricity, across
an international border of the United States without obtaining
a certificate of crossing for the border-crossing facility
under this subsection.
(2) Certificate of crossing.--
(A) Requirement.--Not later than 120 days after
final action is taken, by the relevant official or
agency identified under subparagraph (B), under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to a border-crossing
facility for which a person requests a certificate of
crossing under this subsection, the relevant official
or agency, in consultation with appropriate Federal
agencies, shall issue a certificate of crossing for the
border-crossing facility unless the relevant official
or agency finds that the construction, connection,
operation, or maintenance of the border-crossing
facility is not in the public interest of the United
States.
(B) Relevant official or agency.--The relevant
official or agency referred to in subparagraph (A) is--
(i) the Federal Energy Regulatory
Commission with respect to border-crossing
facilities consisting of oil or natural gas
pipelines; and
(ii) the Secretary of Energy with respect
to border-crossing facilities consisting of
electric transmission facilities.
(C) Additional requirement for electric
transmission facilities.--In the case of a request for
a certificate of crossing for a border-crossing
facility consisting of an electric transmission
facility, the Secretary of Energy shall require, as a
condition of issuing the certificate of crossing under
subparagraph (A), that the border-crossing facility be
constructed, connected, operated, or maintained
consistent with all applicable policies and standards
of--
(i) the Electric Reliability Organization
and the applicable regional entity; and
(ii) any Regional Transmission Organization
or Independent System Operator with operational
or functional control over the border-crossing
facility.
(3) Exclusions.--This subsection shall not apply to any
construction, connection, operation, or maintenance of a
border-crossing facility for the import or export of oil or
natural gas, or the transmission of electricity--
(A) if the border-crossing facility is operating
for such import, export, or transmission as of the date
of enactment of this Act;
(B) if a Presidential permit (or similar permit)
for the construction, connection, operation, or
maintenance has been issued pursuant to any provision
of law or Executive order; or
(C) if an application for a Presidential permit (or
similar permit) for the construction, connection,
operation, or maintenance is pending on the date of
enactment of this Act, until the earlier of--
(i) the date on which such application is
denied; or
(ii) two years after the date of enactment
of this Act, if such a permit has not been
issued by such date of enactment.
(4) Effect of other laws.--
(A) Application to projects.--Nothing in this
subsection or subsection (d) shall affect the
application of any other Federal statute to a project
for which a certificate of crossing for a border-
crossing facility is requested under this subsection.
(B) Natural gas act.--Nothing in this subsection or
subsection (d) shall affect the requirement to obtain
approval or authorization under sections 3 and 7 of the
Natural Gas Act for the siting, construction, or
operation of any facility to import or export natural
gas.
(C) Oil pipelines.--Nothing in this subsection or
subsection (d) shall affect the authority of the
Federal Energy Regulatory Commission with respect to
oil pipelines under section 60502 of title 49, United
States Code.
(b) Transmission of Electric Energy to Canada and Mexico.--
(1) Repeal of requirement to secure order.--Section 202(e)
of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(2) Conforming amendments.--
(A) State regulations.--Section 202(f) of the
Federal Power Act (16 U.S.C. 824a(f)) is amended by
striking ``insofar as such State regulation does not
conflict with the exercise of the Commission's powers
under or relating to subsection 202(e)''.
(B) Seasonal diversity electricity exchange.--
Section 602(b) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended
by striking ``the Commission has conducted hearings and
made the findings required under section 202(e) of the
Federal Power Act'' and all that follows through the
period at the end and inserting ``the Secretary has
conducted hearings and finds that the proposed
transmission facilities would not impair the
sufficiency of electric supply within the United States
or would not impede or tend to impede the coordination
in the public interest of facilities subject to the
jurisdiction of the Secretary.''.
(c) No Presidential Permit Required.--No Presidential permit (or
similar permit) shall be required pursuant to any provision of law or
Executive order for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric transmission
facility, or any border-crossing facility thereof.
(d) Modifications to Existing Projects.--No certificate of crossing
under subsection (a), or Presidential permit (or similar permit), shall
be required for a modification to--
(1) an oil or natural gas pipeline or electric transmission
facility that is operating for the import or export of oil or
natural gas or the transmission of electricity as of the date
of enactment of this Act;
(2) an oil or natural gas pipeline or electric transmission
facility for which a Presidential permit (or similar permit)
has been issued pursuant to any provision of law or Executive
order; or
(3) a border-crossing facility for which a certificate of
crossing has previously been issued under subsection (a).
(e) Prohibition on Revocation of Presidential Permits.--
Notwithstanding any other provision of law, the President may not
revoke a Presidential permit (or similar permit) issued pursuant to
Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No.
11423 (3 U.S.C. 301 note), Executive Order No. 12038 (43 Fed. Reg.
4957), Executive Order No. 10485 (18 Fed. Reg. 5397), or any other
Executive order for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric transmission
facility, or any border-crossing facility thereof, unless such
revocation is authorized by an Act of Congress.
(f) Effective Date; Rulemaking Deadlines.--
(1) Effective date.--Subsections (a) through (d), and the
amendments made by such subsections, shall take effect on the
date that is 1 year after the date of enactment of this Act.
(2) Rulemaking deadlines.--Each relevant official or agency
described in subsection (a)(2)(B) shall--
(A) not later than 180 days after the date of
enactment of this Act, publish in the Federal Register
notice of a proposed rulemaking to carry out the
applicable requirements of subsection (a); and
(B) not later than 1 year after the date of
enactment of this Act, publish in the Federal Register
a final rule to carry out the applicable requirements
of subsection (a).
(g) Definitions.--In this section:
(1) Border-crossing facility.--The term ``border-crossing
facility'' means the portion of an oil or natural gas pipeline
or electric transmission facility that is located at an
international boundary of the United States.
(2) Modification.--The term ``modification'' includes a
reversal of flow direction, change in ownership, change in flow
volume, addition or removal of an interconnection, or an
adjustment to maintain flow (such as a reduction or increase in
the number of pump or compressor stations).
(3) Natural gas.--The term ``natural gas'' has the meaning
given that term in section 2 of the Natural Gas Act (15 U.S.C.
717a).
(4) Oil.--The term ``oil'' means petroleum or a petroleum
product.
(5) Electric reliability organization; regional entity.--
The terms ``Electric Reliability Organization'' and ``regional
entity'' have the meanings given those terms in section 215 of
the Federal Power Act (16 U.S.C. 824o).
(6) Independent system operator; regional transmission
organization.--The terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796).
SEC. 10005. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE REVOCATION
OF THE PRESIDENTIAL PERMIT FOR THE KEYSTONE XL PIPELINE.
(a) Findings.--Congress finds the following:
(1) On March 29, 2019, TransCanada Keystone Pipeline, L.P.,
was granted a Presidential permit to construct, connect,
operate, and maintain the Keystone XL pipeline.
(2) On January 20, 2021, President Biden issued Executive
Order No. 13990 (86 Fed. Reg. 7037) that revoked the March 2019
Presidential permit for the Keystone XL.
(b) Sense of Congress.--It is the sense of Congress that Congress
disapproves of the revocation by President Biden of the Presidential
permit for the Keystone XL pipeline.
SEC. 10006. SENSE OF CONGRESS OPPOSING RESTRICTIONS ON THE EXPORT OF
CRUDE OIL OR OTHER PETROLEUM PRODUCTS.
(a) Findings.--Congress finds the following:
(1) The United States has enjoyed a renaissance in energy
production, with the expansion of domestic crude oil and other
petroleum product production contributing to enhanced energy
security and significant economic benefits to the national
economy.
(2) In 2015, Congress recognized the need to adapt to
changing crude oil market conditions and repealed all
restrictions on the export of crude oil on a bipartisan basis.
(3) Section 101 of title I of division O of the
Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a)
established the national policy on oil export restriction,
prohibiting any official of the Federal Government from
imposing or enforcing any restrictions on the export of crude
oil with limited exceptions, including a savings clause
maintaining the authority to prohibit exports under any
provision of law that imposes sanctions on a foreign person or
foreign government (including any provision of law that
prohibits or restricts United States persons from engaging in a
transaction with a sanctioned person or government), including
a foreign government that is designated as a state sponsor of
terrorism.
(4) Lifting the restrictions on crude oil exports
encouraged additional domestic energy production, created
American jobs and economic development, and allowed the United
States to emerge as the leading oil producer in the world.
(5) In 2019, the United States became a net exporter of
petroleum products for the first time since 1952, and the
reliance of the United States on foreign imports of petroleum
products has declined to historic lows.
(6) Free trade, open markets, and competition have
contributed to the rise of the United States as a global energy
superpower.
(b) Sense of Congress.--It is the sense of Congress that the
Federal Government should not impose--
(1) overly restrictive regulations on the exploration,
production, or marketing of energy resources; or
(2) any restrictions on the export of crude oil or other
petroleum products under the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), except with respect to the export of
crude oil or other petroleum products to a foreign person or
foreign government subject to sanctions under any provision of
United States law, including to a country the government of
which is designated as a state sponsor of terrorism.
SEC. 10007. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE DENIAL OF
JORDAN COVE PERMITS.
(a) Findings.--Congress finds the following:
(1) On March 19, 2020, the Federal Energy Regulatory
Commission granted two Federal permits to Jordan Cove Energy
Project, L.P., to site, construct, and operate a new liquefied
natural gas export terminal in Coos County, Oregon.
(2) On the same day, the Federal Energy Regulatory
Commission issued a certificate of public convenience and
necessity to Pacific Connector Gas Pipeline, L.P., to construct
and operate the proposed Pacific Connector Pipeline in the
counties of Klamath, Jackson, Douglas, and Coos of Oregon.
(3) The State of Oregon denied the permits and the
certificate necessary for these projects.
(b) Sense of Congress.--It is the sense of Congress that Congress
disapproves of the denial of these permits by the State of Oregon.
SEC. 10008. UNLOCKING OUR DOMESTIC LNG POTENTIAL.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended--
(1) by striking subsections (a) through (c);
(2) by redesignating subsections (e) and (f) as subsections
(a) and (b), respectively;
(3) by redesignating subsection (d) as subsection (c), and
moving such subsection after subsection (b), as so
redesignated;
(4) in subsection (a), as so redesignated, by amending
paragraph (1) to read as follows: ``(1) The Federal Energy
Regulatory Commission (in this subsection referred to as the
`Commission') shall have the exclusive authority to approve or
deny an application for authorization for the siting,
construction, expansion, or operation of a facility to export
natural gas from the United States to a foreign country or
import natural gas from a foreign country, including an LNG
terminal. In determining whether to approve or deny an
application under this paragraph, the Commission shall deem the
exportation or importation of natural gas to be consistent with
the public interest. Except as specifically provided in this
Act, nothing in this Act is intended to affect otherwise
applicable law related to any Federal agency's authorities or
responsibilities related to facilities to import or export
natural gas, including LNG terminals.''; and
(5) by adding at the end the following new subsection:
``(d)(1) Nothing in this Act limits the authority of the President
under the Constitution, the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601
et seq.), part B of title II of the Energy Policy and Conservation Act
(42 U.S.C. 6271 et seq.), the Trading With the Enemy Act (50 U.S.C.
4301 et seq.), or any other provision of law that imposes sanctions on
a foreign person or foreign government (including any provision of law
that prohibits or restricts United States persons from engaging in a
transaction with a sanctioned person or government), including a
country that is designated as a state sponsor of terrorism, to prohibit
imports or exports.
``(2) In this subsection, the term `state sponsor of terrorism'
means a country the government of which the Secretary of State
determines has repeatedly provided support for international terrorism
pursuant to--
``(A) section 1754(c)(1)(A) of the Export Control Reform
Act of 2018 (50 U.S.C. 4318(c)(1)(A));
``(B) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371);
``(C) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
``(D) any other provision of law.''.
SEC. 10009. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF NATURAL
GAS PIPELINES.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Federal authorization.--The term ``Federal
authorization'' has the meaning given that term in section
15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
(3) NEPA review.--The term ``NEPA review'' means the
process of reviewing a proposed Federal action under section
102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(4) Project-related nepa review.--The term ``project-
related NEPA review'' means any NEPA review required to be
conducted with respect to the issuance of an authorization
under section 3 of the Natural Gas Act or a certificate of
public convenience and necessity under section 7 of such Act.
(b) Commission NEPA Review Responsibilities.--In acting as the lead
agency under section 15(b)(1) of the Natural Gas Act for the purposes
of complying with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to an authorization under section 3
of the Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act, the Commission shall, in
accordance with this section and other applicable Federal law--
(1) be the only lead agency;
(2) coordinate as early as practicable with each agency
designated as a participating agency under subsection (d)(3) to
ensure that the Commission develops information in conducting
its project-related NEPA review that is usable by the
participating agency in considering an aspect of an application
for a Federal authorization for which the agency is
responsible; and
(3) take such actions as are necessary and proper to
facilitate the expeditious resolution of its project-related
NEPA review.
(c) Deference to Commission.--In making a decision with respect to
a Federal authorization required with respect to an application for
authorization under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of such Act, each
agency shall give deference, to the maximum extent authorized by law,
to the scope of the project-related NEPA review that the Commission
determines to be appropriate.
(d) Participating Agencies.--
(1) Identification.--The Commission shall identify, not
later than 30 days after the Commission receives an application
for an authorization under section 3 of the Natural Gas Act or
a certificate of public convenience and necessity under section
7 of such Act, any Federal or State agency, local government,
or Indian Tribe that may issue a Federal authorization or is
required by Federal law to consult with the Commission in
conjunction with the issuance of a Federal authorization
required for such authorization or certificate.
(2) Invitation.--
(A) In general.--Not later than 45 days after the
Commission receives an application for an authorization
under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of
such Act, the Commission shall invite any agency
identified under paragraph (1) to participate in the
review process for the applicable Federal
authorization.
(B) Deadline.--An invitation issued under
subparagraph (A) shall establish a deadline by which a
response to the invitation shall be submitted to the
Commission, which may be extended by the Commission for
good cause.
(3) Designation as participating agencies.--Not later than
60 days after the Commission receives an application for an
authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7
of such Act, the Commission shall designate an agency
identified under paragraph (1) as a participating agency with
respect to an application for authorization under section 3 of
the Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act unless the agency informs
the Commission, in writing, by the deadline established
pursuant to paragraph (2)(B), that the agency--
(A) has no jurisdiction or authority with respect
to the applicable Federal authorization;
(B) has no special expertise or information
relevant to any project-related NEPA review; or
(C) does not intend to submit comments for the
record for the project-related NEPA review conducted by
the Commission.
(4) Effect of non-designation.--
(A) Effect on agency.--Any agency that is not
designated as a participating agency under paragraph
(3) with respect to an application for an authorization
under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of
such Act may not request or conduct a NEPA review that
is supplemental to the project-related NEPA review
conducted by the Commission, unless the agency--
(i) demonstrates that such review is
legally necessary for the agency to carry out
responsibilities in considering an aspect of an
application for a Federal authorization; and
(ii) requires information that could not
have been obtained during the project-related
NEPA review conducted by the Commission.
(B) Comments; record.--The Commission shall not,
with respect to an agency that is not designated as a
participating agency under paragraph (3) with respect
to an application for an authorization under section 3
of the Natural Gas Act or a certificate of public
convenience and necessity under section 7 of such Act--
(i) consider any comments or other
information submitted by such agency for the
project-related NEPA review conducted by the
Commission; or
(ii) include any such comments or other
information in the record for such project-
related NEPA review.
(e) Water Quality Impacts.--
(1) In general.--Notwithstanding section 401 of the Federal
Water Pollution Control Act (33 U.S.C. 1341), an applicant for
a Federal authorization shall not be required to provide a
certification under such section with respect to the Federal
authorization.
(2) Coordination.--With respect to any NEPA review for a
Federal authorization to conduct an activity that will directly
result in a discharge into the navigable waters (within the
meaning of the Federal Water Pollution Control Act), the
Commission shall identify as an agency under subsection (d)(1)
the State in which the discharge originates or will originate,
or, if appropriate, the interstate water pollution control
agency having jurisdiction over the navigable waters at the
point where the discharge originates or will originate.
(3) Proposed conditions.--A State or interstate agency
designated as a participating agency pursuant to paragraph (2)
may propose to the Commission terms or conditions for inclusion
in an authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7
of such Act that the State or interstate agency determines are
necessary to ensure that any activity described in paragraph
(2) conducted pursuant to such authorization or certification
will comply with the applicable provisions of sections 301,
302, 303, 306, and 307 of the Federal Water Pollution Control
Act.
(4) Commission consideration of conditions.--The Commission
may include a term or condition in an authorization under
section 3 of the Natural Gas Act or a certificate of public
convenience and necessity under section 7 of such Act proposed
by a State or interstate agency under paragraph (3) only if the
Commission finds that the term or condition is necessary to
ensure that any activity described in paragraph (2) conducted
pursuant to such authorization or certification will comply
with the applicable provisions of sections 301, 302, 303, 306,
and 307 of the Federal Water Pollution Control Act.
(f) Schedule.--
(1) Deadline for federal authorizations.--A deadline for a
Federal authorization required with respect to an application
for authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7
of such Act set by the Commission under section 15(c)(1) of
such Act shall be not later than 90 days after the Commission
completes its project-related NEPA review, unless an applicable
schedule is otherwise established by Federal law.
(2) Concurrent reviews.--Each Federal and State agency--
(A) that may consider an application for a Federal
authorization required with respect to an application
for authorization under section 3 of the Natural Gas
Act or a certificate of public convenience and
necessity under section 7 of such Act shall formulate
and implement a plan for administrative, policy, and
procedural mechanisms to enable the agency to ensure
completion of Federal authorizations in compliance with
schedules established by the Commission under section
15(c)(1) of such Act; and
(B) in considering an aspect of an application for
a Federal authorization required with respect to an
application for authorization under section 3 of the
Natural Gas Act or a certificate of public convenience
and necessity under section 7 of such Act, shall--
(i) formulate and implement a plan to
enable the agency to comply with the schedule
established by the Commission under section
15(c)(1) of such Act;
(ii) carry out the obligations of that
agency under applicable law concurrently, and
in conjunction with, the project-related NEPA
review conducted by the Commission, and in
compliance with the schedule established by the
Commission under section 15(c)(1) of such Act,
unless the agency notifies the Commission in
writing that doing so would impair the ability
of the agency to conduct needed analysis or
otherwise carry out such obligations;
(iii) transmit to the Commission a
statement--
(I) acknowledging receipt of the
schedule established by the Commission
under section 15(c)(1) of the Natural
Gas Act; and
(II) setting forth the plan
formulated under clause (i) of this
subparagraph;
(iv) not later than 30 days after the
agency receives such application for a Federal
authorization, transmit to the applicant a
notice--
(I) indicating whether such
application is ready for processing;
and
(II) if such application is not
ready for processing, that includes a
comprehensive description of the
information needed for the agency to
determine that the application is ready
for processing;
(v) determine that such application for a
Federal authorization is ready for processing
for purposes of clause (iv) if such application
is sufficiently complete for the purposes of
commencing consideration, regardless of whether
supplemental information is necessary to enable
the agency to complete the consideration
required by law with respect to such
application; and
(vi) not less often than once every 90
days, transmit to the Commission a report
describing the progress made in considering
such application for a Federal authorization.
(3) Failure to meet deadline.--If a Federal or State
agency, including the Commission, fails to meet a deadline for
a Federal authorization set forth in the schedule established
by the Commission under section 15(c)(1) of the Natural Gas
Act, not later than 5 days after such deadline, the head of the
relevant Federal agency (including, in the case of a failure by
a State agency, the Federal agency overseeing the delegated
authority) shall notify Congress and the Commission of such
failure and set forth a recommended implementation plan to
ensure completion of the action to which such deadline applied.
(g) Consideration of Applications for Federal Authorization.--
(1) Issue identification and resolution.--
(A) Identification.--Federal and State agencies
that may consider an aspect of an application for a
Federal authorization shall identify, as early as
possible, any issues of concern that may delay or
prevent an agency from working with the Commission to
resolve such issues and granting such authorization.
(B) Issue resolution.--The Commission may forward
any issue of concern identified under subparagraph (A)
to the heads of the relevant agencies (including, in
the case of an issue of concern that is a failure by a
State agency, the Federal agency overseeing the
delegated authority, if applicable) for resolution.
(2) Remote surveys.--If a Federal or State agency
considering an aspect of an application for a Federal
authorization requires the person applying for such
authorization to submit data, the agency shall consider any
such data gathered by aerial or other remote means that the
person submits. The agency may grant a conditional approval for
the Federal authorization based on data gathered by aerial or
remote means, conditioned on the verification of such data by
subsequent onsite inspection.
(3) Application processing.--The Commission, and Federal
and State agencies, may allow a person applying for a Federal
authorization to fund a third-party contractor to assist in
reviewing the application for such authorization.
(h) Accountability, Transparency, Efficiency.--For an application
for an authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7 of such
Act that requires multiple Federal authorizations, the Commission, with
input from any Federal or State agency considering an aspect of the
application, shall track and make available to the public on the
Commission's website information related to the actions required to
complete the Federal authorizations. Such information shall include the
following:
(1) The schedule established by the Commission under
section 15(c)(1) of the Natural Gas Act.
(2) A list of all the actions required by each applicable
agency to complete permitting, reviews, and other actions
necessary to obtain a final decision on the application.
(3) The expected completion date for each such action.
(4) A point of contact at the agency responsible for each
such action.
(5) In the event that an action is still pending as of the
expected date of completion, a brief explanation of the reasons
for the delay.
(i) Pipeline Security.--In considering an application for an
authorization under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of such Act, the
Federal Energy Regulatory Commission shall consult with the
Administrator of the Transportation Security Administration regarding
the applicant's compliance with security guidance and best practice
recommendations of the Administration regarding pipeline infrastructure
security, pipeline cybersecurity, pipeline personnel security, and
other pipeline security measures.
(j) Withdrawal of Policy Statements.--The Federal Energy Regulatory
Commission shall withdraw--
(1) the updated policy statement titled ``Certification of
New Interstate Natural Gas Facilities'' published in the
Federal Register on March 1, 2022 (87 Fed. Reg. 11548); and
(2) the interim policy statement titled ``Consideration of
Greenhouse Gas Emissions in Natural Gas Infrastructure Project
Reviews'' published in the Federal Register on March 11, 2022
(87 Fed. Reg. 14104).
SEC. 10010. INTERIM HAZARDOUS WASTE PERMITS FOR CRITICAL ENERGY
RESOURCE FACILITIES.
Section 3005(e) of the Solid Waste Disposal Act (42 U.S.C. 6925(e))
is amended--
(1) in paragraph (1)(A)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by inserting ``or'' after
``this section,''; and
(C) by adding at the end the following:
``(iii) is a critical energy resource facility,'';
and
(2) by adding at the end the following:
``(4) Definitions.--For the purposes of this subsection:
``(A) Critical energy resource.--The term `critical energy
resource' means, as determined by the Secretary of Energy, any
energy resource--
``(i) that is essential to the energy sector and
energy systems of the United States; and
``(ii) the supply chain of which is vulnerable to
disruption.
``(B) Critical energy resource facility.--The term
`critical energy resource facility' means a facility that
processes or refines a critical energy resource.''.
SEC. 10011. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY RESOURCE
FACILITIES.
(a) In General.--The Administrator of the Environmental Protection
Agency shall, as necessary, revise regulations under parts 70 and 71 of
title 40, Code of Federal Regulations, to--
(1) authorize the owner or operator of a critical energy
resource facility to utilize flexible air permitting (as
described in the final rule titled ``Operating Permit Programs;
Flexible Air Permitting Rule'' published by the Environmental
Protection Agency in the Federal Register on October 6, 2009
(74 Fed. Reg. 51418)) with respect to such critical energy
resource facility; and
(2) facilitate flexible, market-responsive operations (as
described in the final rule identified in paragraph (1)) with
respect to critical energy resource facilities.
(b) Definitions.--In this section:
(1) Critical energy resource.--The term ``critical energy
resource'' means, as determined by the Secretary of Energy, any
energy resource--
(A) that is essential to the energy sector and
energy systems of the United States; and
(B) the supply chain of which is vulnerable to
disruption.
(2) Critical energy resource facility.--The term ``critical
energy resource facility'' means a facility that processes or
refines a critical energy resource.
SEC. 10012. NATIONAL SECURITY OR ENERGY SECURITY WAIVERS TO PRODUCE
CRITICAL ENERGY RESOURCES.
(a) Clean Air Act Requirements.--
(1) In general.--If the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Energy, determines that, by reason of a sudden increase in
demand for, or a shortage of, a critical energy resource, or
another cause, the processing or refining of a critical energy
resource at a critical energy resource facility is necessary to
meet the national security or energy security needs of the
United States, then the Administrator may, with or without
notice, hearing, or other report, issue a temporary waiver of
any requirement under the Clean Air Act (42 U.S.C. 7401 et
seq.) with respect to such critical energy resource facility
that, in the judgment of the Administrator, will allow for such
processing or refining at such critical energy resource
facility as necessary to best meet such needs and serve the
public interest.
(2) Conflict with other environmental laws.--The
Administrator shall ensure that any waiver of a requirement
under the Clean Air Act under this subsection, to the maximum
extent practicable, does not result in a conflict with a
requirement of any other applicable Federal, State, or local
environmental law or regulation and minimizes any adverse
environmental impacts.
(3) Violations of other environmental laws.--To the extent
any omission or action taken by a party under a waiver issued
under this subsection is in conflict with any requirement of a
Federal, State, or local environmental law or regulation, such
omission or action shall not be considered a violation of such
environmental law or regulation, or subject such party to any
requirement, civil or criminal liability, or a citizen suit
under such environmental law or regulation.
(4) Expiration and renewal of waivers.--A waiver issued
under this subsection shall expire not later than 90 days after
it is issued. The Administrator may renew or reissue such
waiver pursuant to paragraphs (1) and (2) for subsequent
periods, not to exceed 90 days for each period, as the
Administrator determines necessary to meet the national
security or energy security needs described in paragraph (1)
and serve the public interest. In renewing or reissuing a
waiver under this paragraph, the Administrator shall include in
any such renewed or reissued waiver such conditions as are
necessary to minimize any adverse environmental impacts to the
extent practicable.
(5) Subsequent action by court.--If a waiver issued under
this subsection is subsequently stayed, modified, or set aside
by a court pursuant a provision of law, any omission or action
previously taken by a party under the waiver while the waiver
was in effect shall remain subject to paragraph (3).
(6) Critical energy resource; critical energy resource
facility defined.--The terms ``critical energy resource'' and
``critical energy resource facility'' have the meanings given
such terms in section 3025(f) of the Solid Waste Disposal Act
(as added by this section).
(b) Solid Waste Disposal Act Requirements.--
(1) Hazardous waste management.--The Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) is amended by inserting after
section 3024 the following:
``SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE FACILITIES.
``(a) In General.--If the Administrator, in consultation with the
Secretary of Energy, determines that, by reason of a sudden increase in
demand for, or a shortage of, a critical energy resource, or another
cause, the processing or refining of a critical energy resource at a
critical energy resource facility is necessary to meet the national
security or energy security needs of the United States, then the
Administrator may, with or without notice, hearing, or other report,
issue a temporary waiver of any covered requirement with respect to
such critical energy resource facility that, in the judgment of the
Administrator, will allow for such processing or refining at such
critical energy resource facility as necessary to best meet such needs
and serve the public interest.
``(b) Conflict With Other Environmental Laws.--The Administrator
shall ensure that any waiver of a covered requirement under this
section, to the maximum extent practicable, does not result in a
conflict with a requirement of any other applicable Federal, State, or
local environmental law or regulation and minimizes any adverse
environmental impacts.
``(c) Violations of Other Environmental Laws.--To the extent any
omission or action taken by a party under a waiver issued under this
section is in conflict with any requirement of a Federal, State, or
local environmental law or regulation, such omission or action shall
not be considered a violation of such environmental law or regulation,
or subject such party to any requirement, civil or criminal liability,
or a citizen suit under such environmental law or regulation.
``(d) Expiration and Renewal of Waivers.--A waiver issued under
this section shall expire not later than 90 days after it is issued.
The Administrator may renew or reissue such waiver pursuant to
subsections (a) and (b) for subsequent periods, not to exceed 90 days
for each period, as the Administrator determines necessary to meet the
national security or energy security needs described in subsection (a)
and serve the public interest. In renewing or reissuing a waiver under
this subsection, the Administrator shall include in any such renewed or
reissued waiver such conditions as are necessary to minimize any
adverse environmental impacts to the extent practicable.
``(e) Subsequent Action by Court.--If a waiver issued under this
section is subsequently stayed, modified, or set aside by a court
pursuant a provision of law, any omission or action previously taken by
a party under the waiver while the waiver was in effect shall remain
subject to subsection (c).
``(f) Definitions.--In this section:
``(1) Covered requirement.--The term `covered requirement'
means--
``(A) any standard established under section 3002,
3003, or 3004;
``(B) the permit requirement under section 3005; or
``(C) any other requirement of this Act, as the
Administrator determines appropriate.
``(2) Critical energy resource.--The term `critical energy
resource' means, as determined by the Secretary of Energy, any
energy resource--
``(A) that is essential to the energy sector and
energy systems of the United States; and
``(B) the supply chain of which is vulnerable to
disruption.
``(3) Critical energy resource facility.--The term
`critical energy resource facility' means a facility that
processes or refines a critical energy resource.''.
(2) Table of contents.--The table of contents of the Solid
Waste Disposal Act is amended by inserting after the item
relating to section 3024 the following:
``Sec. 3025. Waivers for critical energy resource facilities.''.
SEC. 10013. ENDING FUTURE DELAYS IN CHEMICAL SUBSTANCE REVIEW FOR
CRITICAL ENERGY RESOURCES.
Section 5(a) of the Toxic Substances Control Act (15 U.S.C.
2604(a)) is amended by adding at the end the following:
``(6) Critical energy resources.--
``(A) Standard.--For purposes of a determination
under paragraph (3) with respect to a chemical
substance that is a critical energy resource, the
Administrator shall take into consideration economic,
societal, and environmental costs and benefits,
notwithstanding any requirement of this section to not
take such factors into consideration.
``(B) Failure to render determination.--
``(i) Actions authorized.--If, with respect
to a chemical substance that is a critical
energy resource, the Administrator fails to
make a determination on a notice under
paragraph (3) by the end of the applicable
review period and the notice has not been
withdrawn by the submitter, the submitter may
take the actions described in paragraph (1)(A)
with respect to the chemical substance, and the
Administrator shall be relieved of any
requirement to make such determination.
``(ii) Non-duplication.--A refund of
applicable fees under paragraph (4)(A) shall
not be made if a submitter takes an action
described in paragraph (1)(A) under this
subparagraph.
``(C) Prerequisite for suggestion of withdrawal or
suspension.--The Administrator may not suggest to, or
request of, a submitter of a notice under this
subsection for a chemical substance that is a critical
energy resource that such submitter withdraw such
notice, or request a suspension of the running of the
applicable review period with respect to such notice,
unless the Administrator has--
``(i) conducted a preliminary review of
such notice; and
``(ii) provided to the submitter a draft of
a determination under paragraph (3), including
any supporting information.
``(D) Definition.--For purposes of this paragraph,
the term `critical energy resource' means, as
determined by the Secretary of Energy, any energy
resource--
``(i) that is essential to the energy
sector and energy systems of the United States;
and
``(ii) the supply chain of which is
vulnerable to disruption.''.
SEC. 10014. NATURAL GAS TAX REPEAL.
(a) Repeal.--Section 136 of the Clean Air Act (42 U.S.C.
7436)(relating to methane emissions and waste reduction incentive
program for petroleum and natural gas systems) is repealed.
(b) Rescission.--The unobligated balance of any amounts made
available under section 136 of the Clean Air Act (42 U.S.C. 7436)(as in
effect on the day before the date of enactment of this Act) is
rescinded.
SEC. 10015. REPEAL OF GREENHOUSE GAS REDUCTION FUND.
(a) Repeal.--Section 134 of the Clean Air Act (42 U.S.C.
7434)(relating to the greenhouse gas reduction fund) is repealed.
(b) Rescission.--The unobligated balance of any amounts made
available under section 134 of the Clean Air Act (42 U.S.C. 7434)(as in
effect on the day before the date of enactment of this Act) is
rescinded.
(c) Conforming Amendment.--Section 60103 of Public Law 117-169
(relating to the greenhouse gas reduction fund) is repealed.
SEC. 10016. KEEPING AMERICA'S REFINERIES OPERATING.
(a) In General.--The owner or operator of a stationary source
described in subsection (b) of this section shall not be required by
the regulations promulgated under section 112(r)(7)(B) of the Clean Air
Act (42 U.S.C. 7412(r)(7)(B)) to include in any hazard assessment under
clause (ii) of such section 112(r)(7)(B) an assessment of safer
technology and alternative risk management measures with respect to the
use of hydrofluoric acid in an alkylation unit.
(b) Stationary Source Described.--A stationary source described in
this subsection is a stationary source (as defined in section
112(r)(2)(C) of the Clean Air Act (42 U.S.C. 7412(r)(2)(C)) in North
American Industry Classification System code 324--
(1) for which a construction permit or operating permit has
been issued pursuant to the Clean Air Act (42 U.S.C. 7401 et
seq.); or
(2) for which the owner or operator demonstrates to the
Administrator of the Environmental Protection Agency that such
stationary source conforms or will conform to the most recent
version of American Petroleum Institute Recommended Practice
751.
SEC. 10017. HOMEOWNER ENERGY FREEDOM.
(a) In General.--The following are repealed:
(1) Section 50122 of Public Law 117-169 (42 U.S.C. 18795a)
(relating to a high-efficiency electric home rebate program).
(2) Section 50123 of Public Law 117-169 (42 U.S.C. 18795b)
(relating to State-based home energy efficiency contractor
training grants).
(3) Section 50131 of Public Law 117-169 (136 Stat. 2041)
(relating to assistance for latest and zero building energy
code adoption).
(b) Rescissions.--The unobligated balances of any amounts made
available under each of sections 50122, 50123, and 50131 of Public Law
117-169 (42 U.S.C. 18795a, 18795b; 136 Stat. 2041) (as in effect on the
day before the date of enactment of this Act) are rescinded.
(c) Conforming Amendment.--Section 50121(c)(7) of Public Law 117-
169 (42 U.S.C. 18795(c)(7)) is amended by striking ``, including a
rebate provided under a high-efficiency electric home rebate program
(as defined in section 50122(d)),''.
SEC. 10018. STUDY.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Energy, in consultation with the Nuclear Regulatory
Commission, shall conduct a study on how to streamline regulatory
timelines relating to developing new power plants by examining
practices relating to various power generating sources, including
fossil and nuclear generating sources.
SEC. 10019. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.
(a) Amendments.--Section 1422(b) of the Safe Drinking Water Act (42
U.S.C. 300h-1(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``Within ninety days'' and
inserting ``(A) Within ninety days'';
(B) by striking ``and after reasonable opportunity
for presentation of views''; and
(C) by adding at the end the following:
``(B) If, after 270 calendar days of a State's application being
submitted under paragraph (1)(A) or notice being submitted under
paragraph (1)(B), the Administrator has not, pursuant to subparagraph
(A), by rule approved, disapproved, or approved in part and disapproved
in part the State's underground injection control program--
``(i) the Administrator shall transmit, in writing, to the
State a detailed explanation as to the status of the
application or notice; and
``(ii) the State's underground injection control program
shall be deemed approved under this section if--
``(I) the Administrator has not after another 30
days, pursuant to subparagraph (A), by rule approved,
disapproved, or approved in part and disapproved in
part the State's underground injection control program;
and
``(II) the State has established and implemented an
effective program (including adequate recordkeeping and
reporting) to prevent underground injection which
endangers drinking water sources.'';
(2) by amending paragraph (4) to read as follows:
``(4) Before promulgating any rule under paragraph (2) or (3) of
this subsection, the Administrator shall--
``(A) provide a reasonable opportunity for presentation of
views with respect to such rule, including a public hearing and
a public comment period; and
``(B) publish in the Federal Register notice of the
reasonable opportunity for presentation of views provided under
subparagraph (A).''; and
(3) by adding at the end the following:
``(5) Preapplication Activities.--The Administrator shall work as
expeditiously as possible with States to complete any necessary
activities relevant to the submission of an application under paragraph
(1)(A) or notice under paragraph (1)(B), taking into consideration the
need for a complete and detailed submission.
``(6) Application Coordination for Class VI Wells.--With respect to
the underground injection control program for Class VI wells (as
defined in section 40306(a) of the Infrastructure Investment and Jobs
Act (42 U.S.C. 300h-9(a))), the Administrator shall designate one
individual at the Agency from each regional office to be responsible
for coordinating--
``(A) the completion of any necessary activities prior to
the submission of an application under paragraph (1)(A) or
notice under paragraph (1)(B), in accordance with paragraph
(5);
``(B) the review of an application submitted under
paragraph (1)(A) or notice submitted under paragraph (1)(B);
``(C) any reasonable opportunity for presentation of views
provided under paragraph (4)(A) and any notice published under
paragraph (4)(B); and
``(D) pursuant to the recommendations included in the
report required under paragraph (7), the hiring of additional
staff to carry out subparagraphs (A) through (C).
``(7) Evaluation of Resources.--
``(A) In general.--Not later than 90 days after the date of
enactment of this paragraph, the individual designated under
paragraph (6) shall transmit to the appropriate Congressional
committees a report, including recommendations, regarding the--
``(i) availability of staff and resources to
promptly carry out the requirements of paragraph (6);
and
``(ii) additional funding amounts needed to do so.
``(B) Appropriate congressional committees defined.--In
this paragraph, the term `appropriate Congressional Committees'
means--
``(i) in the Senate--
``(I) the Committee on Environment and
Public Works; and
``(II) the Committee on Appropriations; and
``(ii) in the House of Representatives--
``(I) the Committee on Energy and Commerce;
and
``(II) the Committee on Appropriations.''.
(b) Funding.--In each of fiscal years 2023 through 2026, amounts
made available by title VI of division J of the Infrastructure
Investment and Jobs Act under paragraph (7) of the heading
``Environmental Protection Agency--State and Tribal Assistance Grants''
(Public Law 117-58; 135 Stat. 1402) may also be made available, subject
to appropriations, to carry out paragraphs (5), (6), and (7) of section
1422(b) of the Safe Drinking Water Act, as added by this section.
(c) Rule of Construction.--The amendments made by this section
shall--
(1) apply to all applications submitted to the
Environmental Protection Agency after the date of enactment of
this Act to establish an underground injection control program
under section 1422(b) of the Safe Drinking Water Act (42 U.S.C.
300h-1); and
(2) with respect to such applications submitted prior to
the date of enactment of this Act, the 270 and 300 day
deadlines under section 1422(b)(2)(B) of the Safe Drinking
Water Act, as added by this section, shall begin on the date of
enactment of this Act.
SEC. 10020. USE OF INDEX-BASED PRICING IN ACQUISITION OF PETROLEUM
PRODUCTS FOR THE SPR.
Section 160(c) of the Energy Policy and Conservation Act (42 U.S.C.
6240(c)) is amended--
(1) by redesignating paragraphs (1) through (6) as clauses
(i) through (vi), respectively (and adjusting the margins
accordingly);
(2) by striking ``The Secretary shall'' and inserting the
following:
``(1) In general.--The Secretary shall''; and
(3) by striking ``Such procedures shall take into account
the need to--'' and inserting the following:
``(2) Inclusions.--Procedures developed under this
subsection shall--
``(A) require acquisition of petroleum products
using index-based pricing; and
``(B) take into account the need to--''.
SEC. 10021. PROHIBITION ON CERTAIN EXPORTS.
(a) In General.--The Energy Policy and Conservation Act is amended
by inserting after section 163 (42 U.S.C. 6243) the following:
``SEC. 164. PROHIBITION ON CERTAIN EXPORTS.
``(a) In General.--The Secretary shall prohibit the export or sale
of petroleum products drawn down from the Strategic Petroleum Reserve,
under any provision of law, to--
``(1) the People's Republic of China;
``(2) the Democratic People's Republic of Korea;
``(3) the Russian Federation;
``(4) the Islamic Republic of Iran;
``(5) any other country the government of which is subject
to sanctions imposed by the United States; and
``(6) any entity owned, controlled, or influenced by--
``(A) a country referred to in any of paragraphs
(1) through (5); or
``(B) the Chinese Communist Party.
``(b) Waiver.--The Secretary may issue a waiver of the prohibition
described in subsection (a) if the Secretary certifies that any export
or sale authorized pursuant to the waiver is in the national security
interests of the United States.
``(c) Rule.--Not later than 60 days after the date of enactment of
the Lower Energy Costs Act, the Secretary shall issue a rule to carry
out this section.''.
(b) Conforming Amendments.--
(1) Drawdown and sale of petroleum products.--Section
161(a) of the Energy Policy and Conservation Act (42 U.S.C.
6241(a)) is amended by inserting ``and section 164'' before the
period at the end.
(2) Clerical amendment.--The table of contents for the
Energy Policy and Conservation Act is amended by inserting
after the item relating to section 163 the following:
``Sec. 164. Prohibition on certain exports.''.
SEC. 10022. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE PROPOSED
TAX HIKES ON THE OIL AND NATURAL GAS INDUSTRY IN THE
PRESIDENT'S FISCAL YEAR 2024 BUDGET REQUEST.
(a) Finding.--Congress finds that President Biden's fiscal year
2024 budget request proposes to repeal tax provisions that are vital to
the oil and natural gas industry of the United States, resulting in a
$31,000,000,000 tax hike on oil and natural gas producers in the United
States.
(b) Sense of Congress.--It is the sense of Congress that Congress
disapproves of the proposed tax hike on the oil and natural gas
industry in the President's fiscal year 2024 budget request.
SEC. 10023. DOMESTIC ENERGY INDEPENDENCE REPORT.
Not later than 120 days after the date of enactment of this Act,
the Administrator of the Environmental Protection Agency, in
consultation with the Secretary of Energy, shall submit to Congress a
report that identifies and assesses regulations promulgated by the
Administrator during the 15-year period preceding the date of enactment
of this Act that have--
(1) reduced the energy independence of the United States;
(2) increased the regulatory burden for energy producers in
the United States;
(3) decreased the energy output by such energy producers;
(4) reduced the energy security of the United States; or
(5) increased energy costs for consumers in the United
States.
SEC. 10024. GAO STUDY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study on how
banning natural gas appliances will affect the rates and charges for
electricity.
SEC. 10025. GAS KITCHEN RANGES AND OVENS.
The Secretary of Energy may not finalize, implement, administer, or
enforce the proposed rule titled ``Energy Conservation Program: Energy
Conservation Standards for Consumer Conventional Cooking Products;
Supplemental notice of proposed rulemaking and announcement of public
meeting'' (88 Fed. Reg. 6818; published February 1, 2023) with respect
to energy conservation standards for gas kitchen ranges and ovens, or
any substantially similar rule, including any rule that would directly
or indirectly limit consumer access to gas kitchen ranges and ovens.
DIVISION B--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF
AMERICAN RESOURCES
SEC. 20001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Transparency,
Accountability, Permitting, and Production of American Resources Act''
or the ``TAPP American Resources Act''.
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION B--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF
AMERICAN RESOURCES
Sec. 20001. Short title; table of contents.
TITLE I--ONSHORE AND OFFSHORE LEASING AND OVERSIGHT
Sec. 20101. Onshore oil and gas leasing.
Sec. 20102. Lease reinstatement.
Sec. 20103. Protested lease sales.
Sec. 20104. Suspension of operations.
Sec. 20105. Administrative protest process reform.
Sec. 20106. Leasing and permitting transparency.
Sec. 20107. Offshore oil and gas leasing.
Sec. 20108. Five-year plan for offshore oil and gas leasing.
Sec. 20109. Geothermal leasing.
Sec. 20110. Leasing for certain qualified coal applications.
Sec. 20111. Future coal leasing.
Sec. 20112. Staff planning report.
Sec. 20113. Prohibition on Chinese communist party ownership interest.
Sec. 20114. Effect on other law.
Sec. 20115. Requirement for GAO report on wind energy impacts.
Sec. 20116. Sense of Congress on wind energy development supply chain.
Sec. 20117. Sense of Congress on oil and gas royalty rates.
Sec. 20118. Offshore wind environmental review process study.
Sec. 20119. GAO report on wind energy impacts.
TITLE II--PERMITTING STREAMLINING
Sec. 20201. Definitions.
Sec. 20202. BUILDER Act.
Sec. 20203. Codification of National Environmental Policy Act
regulations.
Sec. 20204. Non-major Federal actions.
Sec. 20205. No net loss determination for existing rights-of-way.
Sec. 20206. Determination of National Environmental Policy Act
adequacy.
Sec. 20207. Determination regarding rights-of-way.
Sec. 20208. Terms of rights-of-Way.
Sec. 20209. Funding to process permits and develop information
technology.
Sec. 20210. Offshore geological and geophysical survey licensing.
Sec. 20211. Deferral of applications for permits to drill.
Sec. 20212. Processing and terms of applications for permits to drill.
Sec. 20213. Amendments to the Energy Policy Act of 2005.
Sec. 20214. Access to Federal energy resources from non-Federal surface
estate.
Sec. 20215. Scope of environmental reviews for oil and gas leases.
Sec. 20216. Expediting approval of gathering lines.
Sec. 20217. Lease sale litigation.
Sec. 20218. Limitation on claims.
Sec. 20219. Government Accountability Office report on permits to
drill.
Sec. 20220. E-NEPA.
Sec. 20221. Limitations on claims.
Sec. 20222. One Federal decision for pipelines.
Sec. 20223. Exemption of certain wildfire mitigation activities from
certain environmental requirements.
Sec. 20224. Vegetation management, facility inspection, and operation
and maintenance relating to electric
transmission and distribution facility
rights of way.
Sec. 20225. Categorical exclusion for electric utility lines rights-of-
way.
Sec. 20226. Staffing plans.
TITLE III--PERMITTING FOR MINING NEEDS
Sec. 20301. Definitions.
Sec. 20302. Minerals supply chain and reliability.
Sec. 20303. Federal register process improvement.
Sec. 20304. Designation of mining as a covered sector for Federal
permitting improvement purposes.
Sec. 20305. Treatment of actions under presidential determination 2022-
11 for Federal permitting improvement
purposes.
Sec. 20306. Notice for mineral exploration activities with limited
surface disturbance.
Sec. 20307. Use of mining claims for ancillary activities.
Sec. 20308. Ensuring consideration of uranium as a critical mineral.
Sec. 20309. Barring foreign bad actors from operating on Federal lands.
Sec. 20310. Permit process for projects relating to extraction,
recovery, or processing of critical
materials.
Sec. 20311. National strategy to re-shore mineral supply chains.
TITLE IV--FEDERAL LAND USE PLANNING
Sec. 20401. Federal land use planning and withdrawals.
Sec. 20402. Prohibitions on delay of mineral development of certain
Federal land.
Sec. 20403. Definitions.
TITLE V--ENSURING COMPETITIVENESS ON FEDERAL LANDS
Sec. 20501. Incentivizing domestic production.
TITLE VI--ENERGY REVENUE SHARING
Sec. 20601. Gulf of Mexico Outer Continental Shelf revenue.
Sec. 20602. Parity in offshore wind revenue sharing.
Sec. 20603. Elimination of administrative fee under the Mineral Leasing
Act.
Sec. 20604. Sunset.
TITLE I--ONSHORE AND OFFSHORE LEASING AND OVERSIGHT
SEC. 20101. 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 quarterly 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--
(A) 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.); and
(B) that the processes described in subparagraph
(A) are conducted in a timely manner to ensure
compliance with subsection (b)(1).
(3) Lease of oil and gas lands.--Section 17(b)(1)(A) of the
Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended by
inserting ``Eligible lands comprise all lands subject to
leasing under this Act and not excluded from leasing by a
statutory or regulatory prohibition. Available lands are those
lands that have been designated as open for leasing under a
land use plan developed under section 202 of the Federal Land
Policy and Management Act of 1976 and that have been nominated
for leasing through the submission of an expression of
interest, are subject to drainage in the absence of leasing, or
are otherwise designated as available pursuant to regulations
adopted by the Secretary.'' after ``sales are necessary.''.
(b) Quarterly Lease Sales.--
(1) In general.--In accordance with the Mineral Leasing Act
(30 U.S.C. 181 et seq.), each fiscal year, the Secretary of the
Interior shall 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) Alaska.
(J) 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 nominated and
eligible pursuant to the requirements of the Mineral Leasing
Act (30 U.S.C. 181 et seq.) for oil and gas exploration,
development, and production under the resource management plan
in effect for the State.
(3) Replacement sales.--The Secretary of the Interior shall
conduct a replacement sale during the same fiscal year if--
(A) a lease sale under paragraph (1) is canceled,
delayed, or deferred, including for a lack of eligible
parcels; or
(B) during a lease sale under paragraph (1) the
percentage of acreage that does not receive a bid is
equal to or greater than 25 percent of the acreage
offered.
(4) Notice regarding missed sales.--Not later than 30 days
after a sale required under this subsection is canceled,
delayed, deferred, or otherwise missed 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 states what sale
was missed and why it was missed.
SEC. 20102. LEASE REINSTATEMENT.
The reinstatement of a lease entered into under the Mineral Leasing
Act (30 U.S.C. 181 et seq.) or the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.) by the Secretary 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)).
SEC. 20103. PROTESTED LEASE SALES.
Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C.
226(b)(1)(A)) is amended by inserting ``The Secretary shall resolve any
protest to a lease sale not later than 60 days after such payment.''
after ``annual rental for the first lease year.''.
SEC. 20104. SUSPENSION OF OPERATIONS.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by
adding at the end the following:
``(r) Suspension of Operations Permits.--In the event that an oil
and gas lease owner has submitted an expression of interest for
adjacent acreage that is part of the nature of the geological play and
has yet to be offered in a lease sale by the Secretary, they may
request a suspension of operations from the Secretary of the Interior
and upon request, the Secretary shall grant the suspension of
operations within 15 days. Any payment of acreage rental or of minimum
royalty prescribed by such lease likewise shall be suspended during
such period of suspension of operations and production; and the term of
such lease shall be extended by adding any such suspension period
thereto.''.
SEC. 20105. ADMINISTRATIVE PROTEST PROCESS REFORM.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is further
amended by adding at the end the following:
``(s) Protest Filing Fee.--
``(1) In general.--Before processing any protest filed
under this section, the Secretary shall collect a filing fee in
the amount described in paragraph (2) from the protestor to
recover the cost for processing documents filed for each
administrative protest.
``(2) Amount.--The amount described in this paragraph is
calculated as follows:
``(A) For each protest filed in a submission not
exceeding 10 pages in length, the base filing fee shall
be $150.
``(B) For each submission exceeding 10 pages in
length, in addition to the base filing fee, an
assessment of $5 per page in excess of 10 pages shall
apply.
``(C) For protests that include more than one oil
and gas lease parcel, right-of-way, or application for
permit to drill in a submission, an additional
assessment of $10 per additional lease parcel, right-
of-way, or application for permit to drill shall apply.
``(3) Adjustment.--
``(A) In general.--Beginning on January 1, 2024,
and annually thereafter, the Secretary shall adjust the
filing fees established in this subsection to whole
dollar amounts to reflect changes in the Producer Price
Index, as published by the Bureau of Labor Statistics,
for the previous 12 months.
``(B) Publication of adjusted filing fees.--At
least 30 days before the filing fees as adjusted under
this paragraph take effect, the Secretary shall publish
notification of the adjustment of such fees in the
Federal Register.''.
SEC. 20106. LEASING AND PERMITTING TRANSPARENCY.
(a) Report.--Not later than 30 days after the date of the enactment
of this section, and annually thereafter, 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 and geothermal lease sales, including--
(A) the number of expressions of interest received
each month during the period of 365 days that ends on
the date on which the report is submitted with respect
to which the Bureau of Land Management--
(i) has not taken any action to review;
(ii) has not completed review; or
(iii) has completed review and determined
that the relevant area meets all applicable
requirements for leasing, but has not offered
the relevant area in a lease sale;
(B) how long expressions of interest described in
subparagraph (A) have been pending; and
(C) a plan, including timelines, for how the
Secretary of the Interior plans to--
(i) work through future expressions of
interest to prevent delays;
(ii) put expressions of interest described
in subparagraph (A) into a lease sale; and
(iii) complete review for expressions of
interest described in clauses (i) and (ii) of
subparagraph (A);
(2) the status of each pending application for permit to
drill received during the period of 365 days that ends on the
date on which the report is submitted, including the number of
applications received each month, by each Bureau of Land
Management office, 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) a plan for how the office intends 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 each month by
each Bureau of Land Management office during the 5-year period
ending on the date on which the report is submitted;
(4) the status of each pending application for a license
for offshore geological and geophysical surveys received during
the period of 365 days that ends on the date on which the
report is submitted, including the number of applications
received each month, by 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) a plan for how the Bureau of Ocean Energy
Management intends to complete review of each
application;
(5) the number of licenses for offshore geological and
geophysical surveys issued each month by each Bureau of Ocean
Energy Management regional office during the 5-year period
ending on the date on which the report is submitted;
(6) the status of each pending application for a permit to
drill received during the period of 365 days that ends on the
date on which the report is submitted, including the number of
applications received each month, by 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 each month by
each Bureau of Safety and Environmental Enforcement regional
office during the period of 365 days that ends on the date on
which the report is submitted;
(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) during the period of 365 days that ends on the date on
which the report is submitted, the number of auctioned leases
receiving accepted bids that have not been issued to winning
bidders and the number of 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 during the 5-year period
ending on the date on which the report is submitted.
(b) Pending Applications for Permits To Drill.--Not later than 30
days after the date of the enactment of this section, the Secretary of
the Interior shall--
(1) complete all requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
other applicable law that must be met before issuance of a
permit to drill described in paragraph (2); and
(2) issue a permit for all completed applications to drill
that are pending on the date of the enactment of this Act.
(c) Public Availability of Data.--
(1) Mineral leasing act.--Section 17 of the Mineral Leasing
Act (30 U.S.C. 226) is further amended by adding at the end the
following:
``(t) Public Availability of Data.--
``(1) Expressions of interest.--Not later than 30 days
after the date of the 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 the 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
the enactment of this subsection, the Secretary shall publish
on the website of the Department of the Interior, with respect
to each month during the 5-year period ending on the date of
the 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 the
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 geological and geophysical surveys in the
preceding month.
``(2) Applications for permits to drill.--Not later than 30
days after the date of the 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
the enactment of this subsection, the Secretary shall publish
on the website of the Department of the Interior, with respect
each month during the 5-year period ending on the date of the
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
the 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 No. 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. 20107. 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 the 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, and except within areas subject to existing oil
and gas leasing moratoria 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 2023, 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 a moratorium as of the date of the lease
sale.
SEC. 20108. 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
Gulf of Mexico region-wide lease sales per year.''; and
(C) in paragraph (3), by inserting ``domestic
energy security,'' after ``between'';
(2) by redesignating subsections (f) through (i) as
subsections (h) through (k), 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 and
issue the Record of Decision on the Final Programmatic Environmental
Impact Statement by not later than July 1, 2023.
``(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. 20109. GEOTHERMAL LEASING.
(a) Annual 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.''.
(b) Deadlines for Consideration of Geothermal Drilling Permits.--
Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is
amended by adding at the end the following:
``(h) Deadlines for Consideration of Geothermal Drilling Permits.--
``(1) Notice.--Not later than 30 days after the date on
which the Secretary receives an application for any geothermal
drilling permit, the Secretary shall--
``(A) provide written notice to the applicant that
the application is complete; or
``(B) notify the applicant that information is
missing and specify any information that is required to
be submitted for the application to be complete.
``(2) Issuance of decision.--If the Secretary determines
that an application for a geothermal drilling permit is
complete under paragraph (1)(A), the Secretary shall issue a
final decision on the application not later than 30 days after
the Secretary notifies the applicant that the application is
complete.''.
SEC. 20110. LEASING FOR CERTAIN QUALIFIED COAL APPLICATIONS.
(a) Definitions.--In this section:
(1) Coal lease.--The term ``coal lease'' means a lease
entered into by the United States as lessor, through the Bureau
of Land Management, and the applicant on Bureau of Land
Management Form 3400-012.
(2) Qualified application.--The term ``qualified
application'' means any application pending under the lease by
application program administered by the Bureau of Land
Management pursuant to the Mineral Leasing Act (30 U.S.C. 181
et seq.) and subpart 3425 of title 43, Code of Federal
Regulations (as in effect on the date of the enactment of this
Act), for which the environmental review process under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) has commenced.
(b) Mandatory Leasing and Other Required Approvals.--As soon as
practicable after the date of the enactment of this Act, the Secretary
shall promptly--
(1) with respect to each qualified application--
(A) if not previously published for public comment,
publish a draft environmental assessment, as required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and any applicable implementing
regulations;
(B) finalize the fair market value of the coal
tract for which a lease by application is pending;
(C) take all intermediate actions necessary to
grant the qualified application; and
(D) grant the qualified application; and
(2) with respect to previously awarded coal leases, grant
any additional approvals of the Department of the Interior or
any bureau, agency, or division of the Department of the
Interior required for mining activities to commence.
SEC. 20111. FUTURE COAL LEASING.
Notwithstanding any judicial decision to the contrary or a
departmental review of the Federal coal leasing program, Secretarial
Order 3338, issued by the Secretary of the Interior on January 15,
2016, shall have no force or effect.
SEC. 20112. 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, hardrock mining,
coal, and renewable energy leases, rights-of-way, claims, easements,
and permits. Each such report shall include--
(1) the number of staff assigned to process and issue oil,
gas, hardrock mining, coal, and renewable energy leases,
rights-of-way, claims, easements, and permits;
(2) a description of how many staff are needed to meet
statutory requirements for such oil, gas, hardrock mining,
coal, and renewable energy leases, rights-of-way, claims,
easements, and permits; and
(3) how, as applicable, the Department of the Interior or
the Department of Agriculture plans to address technological
needs and staffing shortfalls and turnover to ensure adequate
staffing to process and issue such oil, gas, hardrock mining,
coal, and renewable energy leases, rights-of-way, claims,
easements, and permits.
SEC. 20113. PROHIBITION ON CHINESE COMMUNIST PARTY OWNERSHIP INTEREST.
Notwithstanding any other provision of law, the Communist Party of
China (or a person acting on behalf of the Community Party of China),
any entity subject to the jurisdiction of the Government of the
People's Republic of China, or any entity that is owned by the
Government of the People's Republic of China, may not acquire any
interest with respect to lands leased for oil or gas under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) or American farmland or any lands
used for American renewable energy production, or acquire claims
subject to the General Mining Law of 1872.
SEC. 20114. EFFECT ON OTHER LAW.
Nothing in this division, or any amendments made by this division,
shall affect--
(1) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas of the United States Outer
Continental Shelf From Leasing Disposition'' and dated
September 8, 2020;
(2) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas of the United States Outer
Continental Shelf From Leasing Disposition'' and dated
September 25, 2020;
(3) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas off the Atlantic Coast on the Outer
Continental Shelf From Leasing Disposition'' and dated December
20, 2016; or
(4) the ban on oil and gas development in the Great Lakes
described in section 386 of the Energy Policy Act of 2005 (42
U.S.C. 15941).
SEC. 20115. REQUIREMENT FOR GAO REPORT ON WIND ENERGY IMPACTS.
The Secretary of the Interior shall not publish a notice for a wind
lease sale or hold a lease sale for wind energy development in the
Eastern Gulf of Mexico Planning Area, the South Atlantic Planning Area,
or the Straits of Florida Planning Area (as described in the 2017-2022
Outer Continental Shelf Oil and Gas Leasing Proposed Final Program
(November 2016)) until the Comptroller General of the United States
publishes a report on all potential adverse effects of wind energy
development in such areas, including associated infrastructure and
vessel traffic, on--
(1) military readiness and training activities in the
Planning Areas described in this section, including activities
within or related to the Eglin Test and Training Complex and
the Jacksonville Range Complex;
(2) marine environment and ecology, including species
listed as endangered or threatened under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or designated as depleted
under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.) in the Planning Areas described in this section; and
(3) tourism, including the economic impacts that a decrease
in tourism may have on the communities adjacent to the Planning
Areas described in this section.
SEC. 20116. SENSE OF CONGRESS ON WIND ENERGY DEVELOPMENT SUPPLY CHAIN.
It is the sense of Congress that--
(1) wind energy development on Federal lands and waters is
a burgeoning industry in the United States;
(2) major components of wind infrastructure, including
turbines, are imported in large quantities from other countries
including countries that are national security threats, such as
the Government of the People's Republic of China;
(3) it is in the best interest of the United States to
foster and support domestic supply chains across sectors to
promote American energy independence;
(4) the economic and manufacturing opportunities presented
by wind turbine construction and component manufacturing should
be met by American workers and materials that are sourced
domestically to the greatest extent practicable; and
(5) infrastructure for wind energy development in the
United States should be constructed with materials produced and
manufactured in the United States.
SEC. 20117. SENSE OF CONGRESS ON OIL AND GAS ROYALTY RATES.
It is the sense of Congress that the royalty rate for onshore
Federal oil and gas leases should be not more than 12.5 percent in
amount or value of the production removed or sold from the lease.
SEC. 20118. OFFSHORE WIND ENVIRONMENTAL REVIEW PROCESS STUDY.
(a) In General.--Not later than 60 days after the date of the
enactment of this section, the Comptroller General shall conduct a
study to assess the sufficiency of the environmental review processes
for offshore wind projects in place as of the date of the enactment of
this section of the National Marine Fisheries Service, the Bureau of
Ocean Energy Management, and any other relevant Federal agency.
(b) Contents.--The study required under subsection (a) shall
include consideration of the following:
(1) The impacts of offshore wind projects on--
(A) whales, finfish, and other marine mammals;
(B) benthic resources;
(C) commercial and recreational fishing;
(D) air quality;
(E) cultural, historical, and archaeological
resources;
(F) invertebrates;
(G) essential fish habitat;
(H) military use and navigation and vessel traffic;
(I) recreation and tourism; and
(J) the sustainability of shoreline beaches and
inlets.
(2) The impacts of hurricanes and other severe weather on
offshore wind projects.
(3) How the agencies described in subsection (a) determine
which stakeholders are consulted and if a timely, comprehensive
comment period is provided for local representatives and other
interested parties.
(4) The estimated cost and who pays for offshore wind
projects.
SEC. 20119. GAO REPORT ON WIND ENERGY IMPACTS.
The Comptroller General of the United States shall publish a report
on all potential adverse effects of wind energy development in the
North Atlantic Planning Area (as described in the 2017-2022 Outer
Continental Shelf Oil and Gas Leasing Proposed Final Program (November
2016)), including associated infrastructure and vessel traffic, on--
(1) maritime safety, including the operation of radar
systems;
(2) economic impacts related to commercial fishing
activities; and
(3) marine environment and ecology, including species
listed as endangered or threatened under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or designated as depleted
under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.) in the North Atlantic Planning Area.
TITLE II--PERMITTING STREAMLINING
SEC. 20201. 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, gathering, 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 in trust by the United States for
the benefit of Indians, Indian Tribes, Aleuts, and
Eskimos.
(4) 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).
(5) 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.
(6) Land use plan.--The term ``land use plan'' means--
(A) a land and resource management plan prepared by
the Forest Service for a unit of the National Forest
System pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604);
(B) a Land Management Plan developed by the Bureau
of Land Management under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); or
(C) a comprehensive conservation plan developed by
the United States Fish and Wildlife Service under
section 4(e)(1)(A) of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C.
668dd(e)(1)(A)).
SEC. 20202. BUILDER ACT.
(a) Paragraph (2) of Section 102.--Section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
(1) in subparagraph (A), by striking ``insure'' and
inserting ``ensure'';
(2) in subparagraph (B), by striking ``insure'' and
inserting ``ensure'';
(3) in subparagraph (C)--
(A) by inserting ``consistent with the provisions
of this Act and except as provided by other provisions
of law,'' before ``include in every'';
(B) by striking clauses (i) through (v) and
inserting the following:
``(i) reasonably foreseeable environmental effects
with a reasonably close causal relationship to the
proposed agency action;
``(ii) any reasonably foreseeable adverse
environmental effects which cannot be avoided should
the proposal be implemented;
``(iii) a reasonable number of alternatives to the
proposed agency action, including an analysis of any
negative environmental impacts of not implementing the
proposed agency action in the case of a no action
alternative, that are technically and economically
feasible, are within the jurisdiction of the agency,
meet the purpose and need of the proposal, and, where
applicable, meet the goals of the applicant;
``(iv) the relationship between local short-term
uses of man's environment and the maintenance and
enhancement of long-term productivity; and
``(v) any irreversible and irretrievable
commitments of Federal resources which would be
involved in the proposed agency action should it be
implemented.''; and
(C) by striking ``the responsible Federal
official'' and inserting ``the head of the lead
agency'';
(4) in subparagraph (D), by striking ``Any'' and inserting
``any'';
(5) by redesignating subparagraphs (D) through (I) as
subparagraphs (F) through (K), respectively;
(6) by inserting after subparagraph (C) the following:
``(D) ensure the professional integrity, including
scientific integrity, of the discussion and analysis in an
environmental document;
``(E) make use of reliable existing data and resources in
carrying out this Act;'';
(7) by amending subparagraph (G), as redesignated, to read
as follows:
``(G) consistent with the provisions of this Act, study,
develop, and describe technically and economically feasible
alternatives within the jurisdiction and authority of the
agency;''; and
(8) in subparagraph (H), as amended, by inserting
``consistent with the provisions of this Act,'' before
``recognize''.
(b) New Sections.--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. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW.
``(a) Threshold Determinations.--An agency is not required to
prepare an environmental document with respect to a proposed agency
action if--
``(1) the proposed agency action is not a final agency
action within the meaning of such term in chapter 5 of title 5,
United States Code;
``(2) the proposed agency action is covered by a
categorical exclusion established by the agency, another
Federal agency, or another provision of law;
``(3) the preparation of such document would clearly and
fundamentally conflict with the requirements of another
provision of law;
``(4) the proposed agency action is, in whole or in part, a
nondiscretionary action with respect to which such agency does
not have authority to take environmental factors into
consideration in determining whether to take the proposed
action;
``(5) the proposed agency action is a rulemaking that is
subject to section 553 of title 5, United States Code; or
``(6) the proposed agency action is an action for which
such agency's compliance with another statute's requirements
serve the same or similar function as the requirements of this
Act with respect to such action.
``(b) Levels of Review.--
``(1) Environmental impact statement.--An agency shall
issue an environmental impact statement with respect to a
proposed agency action that has a significant effect on the
quality of the human environment.
``(2) Environmental assessment.--An agency shall prepare an
environmental assessment with respect to a proposed agency
action that is not likely to have a significant effect on the
quality of the human environment, or if the significance of
such effect is unknown, unless the agency finds that a
categorical exclusion established by the agency, another
Federal agency, or another provision of law applies. Such
environmental assessment shall be a concise public document
prepared by a Federal agency to set forth the basis of such
agency's finding of no significant impact.
``(3) Sources of information.--In making a determination
under this subsection, an agency--
``(A) may make use of any reliable data source; and
``(B) is not required to undertake new scientific
or technical research.
``SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS.
``(a) Lead Agency.--
``(1) Designation.--
``(A) In general.--If there are two or more
involved Federal agencies, such agencies shall
determine, by letter or memorandum, which agency shall
be the lead agency based on consideration of the
following factors:
``(i) Magnitude of agency's involvement.
``(ii) Project approval or disapproval
authority.
``(iii) Expertise concerning the action's
environmental effects.
``(iv) Duration of agency's involvement.
``(v) Sequence of agency's involvement.
``(B) Joint lead agencies.--In making a
determination under subparagraph (A), the involved
Federal agencies may, in addition to a Federal agency,
appoint such Federal, State, Tribal, or local agencies
as joint lead agencies as the involved Federal agencies
shall determine appropriate. Joint lead agencies shall
jointly fulfill the role described in paragraph (2).
``(C) Mineral projects.--This paragraph shall not
apply with respect to a mineral exploration or mine
permit.
``(2) Role.--A lead agency shall, with respect to a
proposed agency action--
``(A) supervise the preparation of an environmental
document if, with respect to such proposed agency
action, there is more than one involved Federal agency;
``(B) request the participation of each cooperating
agency at the earliest practicable time;
``(C) in preparing an environmental document, give
consideration to any analysis or proposal created by a
cooperating agency with jurisdiction by law or a
cooperating agency with special expertise;
``(D) develop a schedule, in consultation with each
involved cooperating agency, the applicant, and such
other entities as the lead agency determines
appropriate, for completion of any environmental
review, permit, or authorization required to carry out
the proposed agency action;
``(E) if the lead agency determines that a review,
permit, or authorization will not be completed in
accordance with the schedule developed under
subparagraph (D), notify the agency responsible for
issuing such review, permit, or authorization of the
discrepancy and request that such agency take such
measures as such agency determines appropriate to
comply with such schedule; and
``(F) meet with a cooperating agency that requests
such a meeting.
``(3) Cooperating agency.--The lead agency may, with
respect to a proposed agency action, designate any involved
Federal agency or a State, Tribal, or local agency as a
cooperating agency. A cooperating agency may, not later than a
date specified by the lead agency, submit comments to the lead
agency. Such comments shall be limited to matters relating to
the proposed agency action with respect to which such agency
has special expertise or jurisdiction by law with respect to an
environmental issue.
``(4) Request for designation.--Any Federal, State, Tribal,
or local agency or person that is substantially affected by the
lack of a designation of a lead agency with respect to a
proposed agency action under paragraph (1) may submit a written
request for such a designation to an involved Federal agency.
An agency that receives a request under this paragraph shall
transmit such request to each involved Federal agency and to
the Council.
``(5) Council designation.--
``(A) Request.--Not earlier than 45 days after the
date on which a request is submitted under paragraph
(4), if no designation has been made under paragraph
(1), a Federal, State, Tribal, or local agency or
person that is substantially affected by the lack of a
designation of a lead agency may request that the
Council designate a lead agency. Such request shall
consist of--
``(i) a precise description of the nature
and extent of the proposed agency action; and
``(ii) a detailed statement with respect to
each involved Federal agency and each factor
listed in paragraph (1) regarding which agency
should serve as lead agency.
``(B) Transmission.--The Council shall transmit a
request received under subparagraph (A) to each
involved Federal agency.
``(C) Response.--An involved Federal agency may,
not later than 20 days after the date of the submission
of a request under subparagraph (A), submit to the
Council a response to such request.
``(D) Designation.--Not later than 40 days after
the date of the submission of a request under
subparagraph (A), the Council shall designate the lead
agency with respect to the relevant proposed agency
action.
``(b) One Document.--
``(1) Document.--To the extent practicable, if there are 2
or more involved Federal agencies with respect to a proposed
agency action and the lead agency has determined that an
environmental document is required, such requirement shall be
deemed satisfied with respect to all involved Federal agencies
if the lead agency issues such an environmental document.
``(2) Consideration timing.--In developing an environmental
document for a proposed agency action, no involved Federal
agency shall be required to consider any information that
becomes available after the sooner of, as applicable--
``(A) receipt of a complete application with
respect to such proposed agency action; or
``(B) publication of a notice of intent or decision
to prepare an environmental impact statement for such
proposed agency action.
``(3) Scope of review.--In developing an environmental
document for a proposed agency action, the lead agency and any
other involved Federal agencies shall only consider the effects
of the proposed agency action that--
``(A) occur on Federal land; or
``(B) are subject to Federal control and
responsibility.
``(c) Request for Public Comment.--Each notice of intent to prepare
an environmental impact statement under section 102 shall include a
request for public comment on alternatives or impacts and on relevant
information, studies, or analyses with respect to the proposed agency
action.
``(d) Statement of Purpose and Need.--Each environmental impact
statement shall include a statement of purpose and need that briefly
summarizes the underlying purpose and need for the proposed agency
action.
``(e) Estimated Total Cost.--The cover sheet for each environmental
impact statement shall include a statement of the estimated total cost
of preparing such environmental impact statement, including the costs
of agency full-time equivalent personnel hours, contractor costs, and
other direct costs.
``(f) Page Limits.--
``(1) Environmental impact statements.--
``(A) In general.--Except as provided in
subparagraph (B), an environmental impact statement
shall not exceed 150 pages, not including any citations
or appendices.
``(B) Extraordinary complexity.--An environmental
impact statement for a proposed agency action of
extraordinary complexity shall not exceed 300 pages,
not including any citations or appendices.
``(2) Environmental assessments.--An environmental
assessment shall not exceed 75 pages, not including any
citations or appendices.
``(g) Sponsor Preparation.--A lead agency shall allow a project
sponsor to prepare an environmental assessment or an environmental
impact statement upon request of the project sponsor. Such agency may
provide such sponsor with appropriate guidance and assist in the
preparation. The lead agency shall independently evaluate the
environmental document and shall take responsibility for the contents
upon adoption.
``(h) Deadlines.--
``(1) In general.--Except as provided in paragraph (2),
with respect to a proposed agency action, a lead agency shall
complete, as applicable--
``(A) the environmental impact statement not later
than the date that is 2 years after the sooner of, as
applicable--
``(i) the date on which such agency
determines that section 102(2)(C) requires the
issuance of an environmental impact statement
with respect to such action;
``(ii) the date on which such agency
notifies the applicant that the application to
establish a right-of-way for such action is
complete; and
``(iii) the date on which such agency
issues a notice of intent to prepare the
environmental impact statement for such action;
and
``(B) the environmental assessment not later than
the date that is 1 year after the sooner of, as
applicable--
``(i) the date on which such agency
determines that section 106(b)(2) requires the
preparation of an environmental assessment with
respect to such action;
``(ii) the date on which such agency
notifies the applicant that the application to
establish a right-of-way for such action is
complete; and
``(iii) the date on which such agency
issues a notice of intent to prepare the
environmental assessment for such action.
``(2) Delay.--A lead agency that determines it is not able
to meet the deadline described in paragraph (1) may extend such
deadline with the approval of the applicant. If the applicant
approves such an extension, the lead agency shall establish a
new deadline that provides only so much additional time as is
necessary to complete such environmental impact statement or
environmental assessment.
``(3) Expenditures for delay.--If a lead agency is unable
to meet the deadline described in paragraph (1) or extended
under paragraph (2), the lead agency must pay $100 per day, to
the extent funding is provided in advance in an appropriations
Act, out of the office of the head of the department of the
lead agency to the applicant starting on the first day
immediately following the deadline described in paragraph (1)
or extended under paragraph (2) up until the date that an
applicant approves a new deadline. This paragraph does not
apply when the lead agency misses a deadline solely due to
delays caused by litigation.
``(i) Report.--
``(1) In general.--The head of each lead agency shall
annually submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report that--
``(A) identifies any environmental assessment and
environmental impact statement that such lead agency
did not complete by the deadline described in
subsection (h); and
``(B) provides an explanation for any failure to
meet such deadline.
``(2) Inclusions.--Each report submitted under paragraph
(1) shall identify, as applicable--
``(A) the office, bureau, division, unit, or other
entity within the Federal agency responsible for each
such environmental assessment and environmental impact
statement;
``(B) the date on which--
``(i) such lead agency notified the
applicant that the application to establish a
right-of-way for the major Federal action is
complete;
``(ii) such lead agency began the scoping
for the major Federal action; or
``(iii) such lead agency issued a notice of
intent to prepare the environmental assessment
or environmental impact statement for the major
Federal action; and
``(C) when such environmental assessment and
environmental impact statement is expected to be
complete.
``SEC. 108. JUDICIAL REVIEW.
``(a) Limitations on Claims.--Notwithstanding any other provision
of law, a claim arising under Federal law seeking judicial review of
compliance with this Act, of a determination made under this Act, or of
Federal action resulting from a determination made under this Act,
shall be barred unless--
``(1) in the case of a claim pertaining to a proposed
agency action for which--
``(A) an environmental document was prepared and an
opportunity for comment was provided;
``(B) the claim is filed by a party that
participated in the administrative proceedings
regarding such environmental document; and
``(C) the claim--
``(i) is filed by a party that submitted a
comment during the public comment period for
such administrative proceedings and such
comment was sufficiently detailed to put the
lead agency on notice of the issue upon which
the party seeks judicial review; and
``(ii) is related to such comment;
``(2) except as provided in subsection (b), such claim is
filed not later than 120 days after the date of publication of
a notice in the Federal Register of agency intent to carry out
the proposed agency action;
``(3) such claim is filed after the issuance of a record of
decision or other final agency action with respect to the
relevant proposed agency action;
``(4) such claim does not challenge the establishment or
use of a categorical exclusion under section 102; and
``(5) such claim concerns--
``(A) an alternative included in the environmental
document; or
``(B) an environmental effect considered in the
environmental document.
``(b) Supplemental Environmental Impact Statement.--
``(1) Separate final agency action.--The issuance of a
Federal action resulting from a final supplemental
environmental impact statement shall be considered a final
agency action for the purposes of chapter 5 of title 5, United
States Code, separate from the issuance of any previous
environmental impact statement with respect to the same
proposed agency action.
``(2) Deadline for filing a claim.--A claim seeking
judicial review of a Federal action resulting from a final
supplemental environmental review issued under section
102(2)(C) shall be barred unless--
``(A) such claim is filed within 120 days of the
date on which a notice of the Federal agency action
resulting from a final supplemental environmental
impact statement is issued; and
``(B) such claim is based on information contained
in such supplemental environmental impact statement
that was not contained in a previous environmental
document pertaining to the same proposed agency action.
``(c) Prohibition on Injunctive Relief.--Notwithstanding any other
provision of law, a violation of this Act shall not constitute the
basis for injunctive relief.
``(d) Rule of Construction.--Nothing in this section shall be
construed to create a right of judicial review or place any limit on
filing a claim with respect to the violation of the terms of a permit,
license, or approval.
``(e) Remand.--Notwithstanding any other provision of law, no
proposed agency action for which an environmental document is required
shall be vacated or otherwise limited, delayed, or enjoined unless a
court concludes allowing such proposed action will pose a risk of an
imminent and substantial environmental harm and there is no other
equitable remedy available as a matter of law.
``SEC. 109. DEFINITIONS.
``In this title:
``(1) Categorical exclusion.--The term `categorical
exclusion' means a category of actions that a Federal agency
has determined normally does not significantly affect the
quality of the human environment within the meaning of section
102(2)(C).
``(2) Cooperating agency.--The term `cooperating agency'
means any Federal, State, Tribal, or local agency that has been
designated as a cooperating agency under section 107(a)(3).
``(3) Council.--The term `Council' means the Council on
Environmental Quality established in title II.
``(4) Environmental assessment.--The term `environmental
assessment' means an environmental assessment prepared under
section 106(b)(2).
``(5) Environmental document.--The term `environmental
document' means an environmental impact statement, an
environmental assessment, or a finding of no significant
impact.
``(6) Environmental impact statement.--The term
`environmental impact statement' means a detailed written
statement that is required by section 102(2)(C).
``(7) Finding of no significant impact.--The term `finding
of no significant impact' means a determination by a Federal
agency that a proposed agency action does not require the
issuance of an environmental impact statement.
``(8) Involved federal agency.--The term `involved Federal
agency' means an agency that, with respect to a proposed agency
action--
``(A) proposed such action; or
``(B) is involved in such action because such
action is directly related, through functional
interdependence or geographic proximity, to an action
such agency has taken or has proposed to take.
``(9) Lead agency.--
``(A) In general.--Except as provided in
subparagraph (B), the term `lead agency' means, with
respect to a proposed agency action--
``(i) the agency that proposed such action;
or
``(ii) if there are 2 or more involved
Federal agencies with respect to such action,
the agency designated under section 107(a)(1).
``(B) Specification for mineral exploration or mine
permits.--With respect to a proposed mineral
exploration or mine permit, the term `lead agency' has
the meaning given such term in section 40206(a) of the
Infrastructure Investment and Jobs Act.
``(10) Major federal action.--
``(A) In general.--The term `major Federal action'
means an action that the agency carrying out such
action determines is subject to substantial Federal
control and responsibility.
``(B) Exclusion.--The term `major Federal action'
does not include--
``(i) a non-Federal action--
``(I) with no or minimal Federal
funding;
``(II) with no or minimal Federal
involvement where a Federal agency
cannot control the outcome of the
project; or
``(III) that does not include
Federal land;
``(ii) funding assistance solely in the
form of general revenue sharing funds which do
not provide Federal agency compliance or
enforcement responsibility over the subsequent
use of such funds;
``(iii) loans, loan guarantees, or other
forms of financial assistance where a Federal
agency does not exercise sufficient control and
responsibility over the effect of the action;
``(iv) farm ownership and operating loan
guarantees by the Farm Service Agency pursuant
to sections 305 and 311 through 319 of the
Consolidated Farmers Home Administration Act of
1961 (7 U.S.C. 1925 and 1941 through 1949);
``(v) business loan guarantees provided by
the Small Business Administration pursuant to
section 7(a) or (b) and of the Small Business
Act (15 U.S.C. 636(a)), or title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695
et seq.);
``(vi) bringing judicial or administrative
civil or criminal enforcement actions; or
``(vii) extraterritorial activities or
decisions, which means agency activities or
decisions with effects located entirely outside
of the jurisdiction of the United States.
``(C) Additional exclusions.--An agency action may
not be determined to be a major Federal action on the
basis of--
``(i) an interstate effect of the action or
related project; or
``(ii) the provision of Federal funds for
the action or related project.
``(11) Mineral exploration or mine permit.--The term
`mineral exploration or mine permit' has the meaning given such
term in section 40206(a) of the Infrastructure Investment and
Jobs Act.
``(12) Proposal.--The term `proposal' means a proposed
action at a stage when an agency has a goal, is actively
preparing to make a decision on one or more alternative means
of accomplishing that goal, and can meaningfully evaluate its
effects.
``(13) Reasonably foreseeable.--The term `reasonably
foreseeable' means likely to occur--
``(A) not later than 10 years after the lead agency
begins preparing the environmental document; and
``(B) in an area directly affected by the proposed
agency action such that an individual of ordinary
prudence would take such occurrence into account in
reaching a decision.
``(14) Special expertise.--The term `special expertise'
means statutory responsibility, agency mission, or related
program experience.''.
SEC. 20203. CODIFICATION OF NATIONAL ENVIRONMENTAL POLICY ACT
REGULATIONS.
The revisions to the Code of Federal Regulations made pursuant to
the final rule of the Council on Environmental Quality titled ``Update
to the Regulations Implementing the Procedural Provisions of the
National Environmental Policy Act'' and published on July 16, 2020 (85
Fed. Reg. 43304), shall have the same force and effect of law as if
enacted by an Act of Congress.
SEC. 20204. NON-MAJOR FEDERAL ACTIONS.
(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'' includes--
(1) geotechnical investigations;
(2) off-road travel in an existing right-of-way;
(3) construction of meteorological towers where the total
surface disturbance 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 wells and other
geothermal exploratory wells, including construction or making
improvements for such activities, where--
(A) the last cemented casing string is less than 12
inches in diameter; and
(B) the total unreclaimed surface disturbance at
any one time within the project area 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) activities to minimize fire risk, including
vegetation management, routine fire mitigation,
inspection, and maintenance activities, and removal of
hazard trees and other hazard vegetation within or
adjacent to an existing right-of-way;
(E) improvements to or construction of structure
pads for such infrastructure; and
(F) access and access route maintenance and repairs
associated with any activity described in subparagraph
(A) through (E);
(7) approval of and activities conducted in accordance with
operating plans or agreements for transmission and distribution
facilities or under a special use authorization for an electric
transmission and distribution facility right-of-way; and
(8) construction, maintenance, realignment, or repair of 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;
(B) that serves an existing transmission line,
distribution line, or energy facility; or
(C) activities conducted in accordance with
existing onshore oil and gas leases.
SEC. 20205. NO NET LOSS DETERMINATION FOR EXISTING RIGHTS-OF-WAY.
(a) In General.--Upon a determination by the Secretary concerned
that there will be no overall long-term 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,
within a right-of-way corridor established in a land use plan, or in an
otherwise designated right-of-way, 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)).
(b) Inclusion of Remediation.--In making a determination under
subsection (a), the Secretary concerned shall consider the effect of
any remediation work to be conducted during the lifetime of the action,
decision, or activity when determining whether there will be any
overall long-term net loss of vegetation, soil, or habitat.
SEC. 20206. 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 major Federal
action, 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. 20207. DETERMINATION REGARDING RIGHTS-OF-WAY.
Not later than 60 days after the Secretary concerned receives an
application to grant 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 grant a right-of-way on the same or any overlapping
parcels of land while such application is pending.
SEC. 20208. TERMS OF RIGHTS-OF-WAY.
(a) Fifty Year Terms for Rights-of-Way.--
(1) In general.--Any right-of-way for pipelines for the
transportation or distribution of oil or gas granted, issued,
amended, or renewed under Federal law may be limited to a term
of not more than 50 years before such right-of-way is subject
to renewal or amendment.
(2) 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. 20209. 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.
(c) Statement for Failure To Accept or Expend Funds.--Not later
than 60 days after the end of the applicable fiscal year, if the
Secretary of Agriculture (acting through the Forest Service) or the
Secretary of the Interior does not accept funds contributed under
subsection (a) or accepts but does not expend such funds, that
Secretary 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 statement explaining why such funds were not
accepted, were not expended, or both, as the case may be.
(d) Prohibition.--Notwithstanding any other provision of law, the
Secretary of Agriculture (acting through the Forest Service) and the
Secretary of the Interior may not accept contributions, as authorized
by subsection (a), from non-Federal entities owned by the Communist
Party of China (or a person or entity acting on behalf of the Communist
Party of China).
(e) Report on Non-Federal Entities.--Not later than 60 days after
the end of the applicable fiscal year, the Secretary of Agriculture
(acting through the Forest Service) and 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 includes, for each expenditure authorized by
subsection (a)--
(1) the amount of funds accepted; and
(2) the contributing non-Federal entity.
SEC. 20210. 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.
SEC. 20211. DEFERRAL OF APPLICATIONS FOR PERMITS TO DRILL.
Section 17(p)(3) of the Mineral Leasing Act (30 U.S.C. 226(p)(3))
is amended by adding at the end the following:
``(D) Deferral based on formatting issues.--A
decision on an application for a permit to drill may
not be deferred under paragraph (2)(B) as a result of a
formatting issue with the permit, unless such
formatting issue results in missing information.''.
SEC. 20212. PROCESSING AND TERMS OF APPLICATIONS FOR PERMITS TO DRILL.
(a) Effect of Pending Civil Actions.--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 affecting the application or related
lease, the Secretary shall process an application for a permit
to drill or other authorizations or approvals under a valid
existing lease, unless a United States Federal court vacated
such lease. Nothing in this paragraph shall be construed as
providing authority to a Federal court to vacate a lease.''.
(b) Term of Permit To Drill.--Section 17 of the Mineral Leasing Act
(30 U.S.C. 226) is further amended by adding at the end the following:
``(u) Term of Permit To Drill.--A permit to drill issued under this
section after the date of the enactment of this subsection shall be
valid for one four-year term from the date that the permit is approved,
or until the lease regarding which the permit is issued expires,
whichever occurs first.''.
SEC. 20213. AMENDMENTS TO THE ENERGY POLICY ACT OF 2005.
Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is
amended to read as follows:
``SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT REVIEW.
``(a) National Environmental Policy Act Review.--Action by the
Secretary of the Interior, in managing the public lands, or the
Secretary of Agriculture, in managing National Forest System lands,
with respect to any of the activities described in subsection (c),
shall not be considered a major Federal action for the purposes of
section 102(2)(C) of the National Environmental Policy Act of 1969, if
the activity is conducted pursuant to the Mineral Leasing Act (30
U.S.C. 181 et seq.) for the purpose of exploration or development of
oil or gas.
``(b) Application.--This section shall not apply to an action of
the Secretary of the Interior or the Secretary of Agriculture on Indian
lands or resources managed in trust for the benefit of Indian Tribes.
``(c) Activities Described.--The activities referred to in
subsection (a) are as follows:
``(1) Reinstating a lease pursuant to section 31 of the
Mineral Leasing Act (30 U.S.C. 188).
``(2) The following activities, provided that any new
surface disturbance is contiguous with the footprint of the
original authorization and does not exceed 20 acres or the
acreage has previously been evaluated in a document previously
prepared under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such
activity:
``(A) Drilling an oil or gas well at a well pad
site at which drilling has occurred previously.
``(B) Expansion of an existing oil or gas well pad
site to accommodate an additional well.
``(C) Expansion or modification of an existing oil
or gas well pad site, road, pipeline, facility, or
utility submitted in a sundry notice.
``(3) Drilling of an oil or gas well at a new well pad
site, provided that the new surface disturbance does not exceed
20 acres and the acreage evaluated in a document previously
prepared under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such
activity, whichever is greater.
``(4) Construction or realignment of a road, pipeline, or
utility within an existing right-of-way or within a right-of-
way corridor established in a land use plan.
``(5) The following activities when conducted from non-
Federal surface into federally owned minerals, provided that
the operator submits to the Secretary concerned certification
of a surface use agreement with the non-Federal landowner:
``(A) Drilling an oil or gas well at a well pad
site at which drilling has occurred previously.
``(B) Expansion of an existing oil or gas well pad
site to accommodate an additional well.
``(C) Expansion or modification of an existing oil
or gas well pad site, road, pipeline, facility, or
utility submitted in a sundry notice.
``(6) Drilling of an oil or gas well from non-Federal
surface and non-Federal subsurface into Federal mineral estate.
``(7) Construction of up to 1 mile of new road on Federal
or non-Federal surface, not to exceed 2 miles in total.
``(8) Construction of up to 3 miles of individual pipelines
or utilities, regardless of surface ownership.''.
SEC. 20214. ACCESS TO FEDERAL ENERGY RESOURCES FROM NON-FEDERAL SURFACE
ESTATE.
(a) Oil and Gas Permits.--Section 17 of the Mineral Leasing Act (30
U.S.C. 226) is further amended by adding at the end the following:
``(v) 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 not be considered a major Federal
action for the purposes of section 102(2)(C) of the
National Environmental Policy Act of 1969;
``(B) shall require no additional Federal action;
``(C) may commence 30 days after submission of the
State permit to the Secretary; 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.
``(5) Indian land.--In this subsection, the term `Indian
land' means--
``(A) any land located within the boundaries of an
Indian reservation, pueblo, or rancheria; and
``(B) any land not located within the boundaries of
an Indian reservation, pueblo, or rancheria, the title
to which is held--
``(i) in trust by the United States for the
benefit of an Indian tribe or an individual
Indian;
``(ii) by an Indian tribe or an individual
Indian, subject to restriction against
alienation under laws of the United States; or
``(iii) by a dependent Indian community.''.
(b) Geothermal Permits.--The Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.) is amended by adding at the end the following:
``SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEOTHERMAL ACTIVITIES ON
CERTAIN LAND.
``(a) In General.--The Secretary shall not require an operator to
obtain a Federal drilling permit for geothermal exploration and
production activities conducted on a non-Federal surface estate,
provided that--
``(1) the United States holds an ownership interest of less
than 50 percent of the subsurface geothermal estate to be
accessed by the proposed action; and
``(2) the operator submits to the Secretary a State permit
to conduct geothermal exploration and production activities on
the non-Federal surface estate.
``(b) No Federal Action.--A geothermal exploration and production
activity carried out under paragraph (1)--
``(1) shall not be considered a major Federal action for
the purposes of section 102(2)(C) of the National Environmental
Policy Act of 1969;
``(2) shall require no additional Federal action;
``(3) may commence 30 days after submission of the State
permit to the Secretary; and
``(4) shall not be subject to--
``(A) section 306108 of title 54, United States
Code (commonly known as the National Historic
Preservation Act of 1966); and
``(B) section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536).
``(c) Royalties and Production Accountability.--(1) Nothing in this
section shall affect the amount of royalties due to the United States
under this Act from the production of electricity using geothermal
resources (other than direct use of geothermal resources) or the
production of any byproducts.
``(2) The Secretary may conduct onsite reviews and inspections to
ensure proper accountability, measurement, and reporting of the
production described in paragraph (1), and payment of royalties.
``(d) Exceptions.--This section shall not apply to actions on
Indian lands or resources managed in trust for the benefit of Indian
Tribes.
``(e) Indian Land.--In this section, the term `Indian land' means--
``(1) any land located within the boundaries of an Indian
reservation, pueblo, or rancheria; and
``(2) any land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to which is
held--
``(A) in trust by the United States for the benefit
of an Indian tribe or an individual Indian;
``(B) by an Indian tribe or an individual Indian,
subject to restriction against alienation under laws of
the United States; or
``(C) by a dependent Indian community.''.
SEC. 20215. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL AND GAS LEASES.
An environmental review for an oil and gas lease or permit prepared
pursuant to the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and its implementing regulations--
(1) shall apply only to areas that are within or
immediately adjacent to the lease plot or plots and that are
directly affected by the proposed action; and
(2) shall not require consideration of downstream, indirect
effects of oil and gas consumption.
SEC. 20216. EXPEDITING APPROVAL OF GATHERING LINES.
Section 11318(b)(1) of the Infrastructure Investment and Jobs Act
(42 U.S.C. 15943(b)(1)) is amended by striking ``to be an action that
is categorically excluded (as defined in section 1508.1 of title 40,
Code of Federal Regulations (as in effect on the date of enactment of
this Act))'' and inserting ``to not be a major Federal action''.
SEC. 20217. LEASE SALE LITIGATION.
Notwithstanding any other provision of law, any oil and gas lease
sale held under section 17 of the Mineral Leasing Act (26 U.S.C. 226)
or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) shall
not be vacated and activities on leases awarded in the sale shall not
be otherwise limited, delayed, or enjoined unless the court concludes
allowing development of the challenged lease will pose a risk of an
imminent and substantial environmental harm and there is no other
equitable remedy available as a matter of law. No court, in response to
an action brought pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. et seq.), may enjoin or issue any order preventing the
award of leases to a bidder in a lease sale conducted pursuant to
section 17 of the Mineral Leasing Act (26 U.S.C. 226) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) if the Department
of the Interior has previously opened bids for such leases or disclosed
the high bidder for any tract that was included in such lease sale.
SEC. 20218. 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 mineral project,
energy facility, or energy storage device shall be barred unless--
(1) the claim is filed within 120 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.
(d) Mineral Project.--In this section, the term ``mineral project''
means a project--
(1) located on--
(A) a mining claim, millsite claim, or tunnel site
claim for any mineral;
(B) lands open to mineral entry; or
(C) a Federal mineral lease; and
(2) for the purposes of exploring for or producing
minerals.
SEC. 20219. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON PERMITS TO
DRILL.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall issue a
report detailing--
(1) the approval timelines for applications for permits to
drill issued by the Bureau of Land Management from 2018 through
2022;
(2) the number of applications for permits to drill that
were not issued within 30 days of receipt of a completed
application; and
(3) the causes of delays resulting in applications for
permits to drill pending beyond the 30 day deadline required
under section 17(p)(2) of the Mineral Leasing Act (30 U.S.C.
226(p)(2)).
(b) Recommendations.--The report issued under subsection (a) shall
include recommendations with respect to--
(1) actions the Bureau of Land Management can take to
streamline the approval process for applications for permits to
drill to approve applications for permits to drill within 30
days of receipt of a completed application;
(2) aspects of the Federal permitting process carried out
by the Bureau of Land Management to issue applications for
permits to drill that can be turned over to States to expedite
approval of applications for permits to drill; and
(3) legislative actions that Congress must take to allow
States to administer certain aspects of the Federal permitting
process described in paragraph (2).
SEC. 20220. E-NEPA.
(a) Permitting Portal Study.--The Council on Environmental Quality
shall conduct a study and submit a report to Congress within 1 year of
the enactment of this Act on the potential to create an online
permitting portal for permits that require review under section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) that would--
(1) allow applicants to--
(A) submit required documents or materials for
their application in one unified portal;
(B) upload additional documents as required by the
applicable agency; and
(C) track the progress of individual applications;
(2) enhance interagency coordination in consultation by--
(A) allowing for comments in one unified portal;
(B) centralizing data necessary for reviews; and
(C) streamlining communications between other
agencies and the applicant; and
(3) boost transparency in agency decisionmaking.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $500,000 for the Council of Environmental Quality to carry
out the study directed by this section.
SEC. 20221. LIMITATIONS ON CLAIMS.
(a) In General.--Section 139(l) of title 23, United States Code, is
amended by striking ``150 days'' each place it appears and inserting
``90 days''.
(b) Conforming Amendments.--
(1) Section 330(e) of title 23, United States Code, is
amended--
(A) in paragraph (2)(A), by striking ``150 days''
and inserting ``90 days''; and
(B) in paragraph (3)(B)(i), by striking ``150
days'' and inserting ``90 days''.
(2) Section 24201(a)(4) of title 49, United States Code, is
amended by striking ``of 150 days''.
SEC. 20222. 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. 20223. EXEMPTION OF CERTAIN WILDFIRE MITIGATION ACTIVITIES FROM
CERTAIN ENVIRONMENTAL REQUIREMENTS.
(a) In General.--Wildfire mitigation activities of the Secretary of
the Interior and the Secretary of Agriculture may be carried out
without regard to the provisions of law specified in subsection (b).
(b) Provisions of Law Specified.--The provisions of law specified
in this section are all Federal, State, or other laws, regulations, and
legal requirements of, deriving from, or related to the subject of, the
following laws:
(1) Section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)).
(2) The Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(c) Wildfire Mitigation Activity.--For purposes of this section,
the term ``wildfire mitigation activity''--
(1) is an activity conducted on Federal land that is--
(A) under the administration of the Director of the
National Park System, the Director of the Bureau of
Land Management, or the Chief of the Forest Service;
and
(B) within 300 feet of any permanent or temporary
road, as measured from the center of such road; and
(2) includes forest thinning, hazardous fuel reduction,
prescribed burning, and vegetation management.
SEC. 20224. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION
AND MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS OF WAY.
(a) Hazard Trees Within 50 Feet of Electric Power Line.--Section
512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking ``10'' and
inserting ``50''.
(b) Consultation With Private Landowners.--Section 512(c)(3)(E) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1772(c)(3)(E)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) consulting with private landowners
with respect to any hazard trees identified for
removal from land owned by such private
landowners.''.
(c) Review and Approval Process.--Clause (iv) of section
512(c)(4)(A) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1772(c)(4)(A)) is amended to read as follows:
``(iv) ensures that--
``(I) a plan submitted without a
modification under clause (iii) shall
be automatically approved 60 days after
review; and
``(II) a plan submitted with a
modification under clause (iii) shall
be automatically approved 67 days after
review.''.
SEC. 20225. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES RIGHTS-OF-
WAY.
(a) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to National
Forest System lands; and
(2) the Secretary of the Interior, with respect to public
lands.
(b) Categorical Exclusion Established.--Forest management
activities described in subsection (c) are a category of activities
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(c) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated as being
categorically excluded under subsection (b) are--
(1) the development and approval of a vegetation
management, facility inspection, and operation and maintenance
plan submitted under section 512(c)(1) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)) by the
Secretary concerned; and
(2) the implementation of routine activities conducted
under the plan referred to in paragraph (1).
(d) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (b) in accordance
with this section.
(e) Extraordinary Circumstances.--Use of the categorical exclusion
established under subsection (b) shall not be subject to the
extraordinary circumstances procedures in section 220.6, title 36, Code
of Federal Regulations, or section 1508.4, title 40, Code of Federal
Regulations.
(f) Exclusion of Certain Areas.--The categorical exclusion
established under subsection (b) shall not apply to any forest
management activity conducted--
(1) in a component of the National Wilderness Preservation
System; or
(2) on National Forest System lands on which, by Act of
Congress, the removal of vegetation is restricted or
prohibited.
(g) Permanent Roads.--
(1) Prohibition on establishment.--A forest management
activity designated under subsection (c) shall not include the
establishment of a permanent road.
(2) Existing roads.--The Secretary concerned may carry out
necessary maintenance and repair on an existing permanent road
for the purposes of conducting a forest management activity
designated under subsection (c).
(3) Temporary roads.--The Secretary concerned shall
decommission any temporary road constructed for a forest
management activity designated under subsection (c) not later
than 3 years after the date on which the action is completed.
(h) Applicable Laws.--A forest management activity designated under
subsection (c) shall not be subject to section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536), section 106 of the National
Historic Preservation Act, or any other applicable law.
SEC. 20226. STAFFING PLANS.
(a) In General.--Not later than 365 days after the date of
enactment of this Act, each local unit of the National Park Service,
Bureau of Land Management, and Forest Service shall conduct an outreach
plan for disseminating and advertising open civil service positions
with functions relating to permitting or natural resources in their
offices. Each such plan shall include outreach to local high schools,
community colleges, institutions of higher education, and any other
relevant institutions, as determined by the Secretary of the Interior
or the Secretary of Agriculture (as the case may be).
(b) Collaboration Permitted.--Such local units of the National Park
Service, Bureau of Land Management, and Forest Service located in
reasonably close geographic areas may collaborate to produce a joint
outreach plan that meets the requirements of subsection (a).
TITLE III--PERMITTING FOR MINING NEEDS
SEC. 20301. DEFINITIONS.
In this title:
(1) Byproduct.--The term ``byproduct'' has the meaning
given such term in section 7002(a) of the Energy Act of 2020
(30 U.S.C. 1606(a)).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Mineral.--The term ``mineral'' means any mineral of a
kind that is locatable (including, but not limited to, such
minerals located on ``lands acquired by the United States'', as
such term is defined in section 2 of the Mineral Leasing Act
for Acquired Lands) under the Act of May 10, 1872 (Chapter 152;
17 Stat. 91).
(4) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the Interior.
(5) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands; and
(G) the United States Virgin Islands.
SEC. 20302. MINERALS SUPPLY CHAIN AND RELIABILITY.
Section 40206 of the Infrastructure Investment and Jobs Act (30
U.S.C. 1607) is amended--
(1) in the section heading, by striking ``critical
minerals'' and inserting ``minerals'';
(2) by amending subsection (a) to read as follows:
``(a) Definitions.--In this section:
``(1) Lead agency.--The term `lead agency' means the
Federal agency with primary responsibility for issuing a
mineral exploration or mine permit or lease for a mineral
project.
``(2) Mineral.--The term `mineral' has the meaning given
such term in section 20301 of the TAPP American Resources Act.
``(3) Mineral exploration or mine permit.--The term
`mineral exploration or mine permit' means--
``(A) an authorization of the Bureau of Land
Management or the Forest Service, as applicable, for
exploration for minerals that requires analysis under
the National Environmental Policy Act of 1969;
``(B) a plan of operations for a mineral project
approved by the Bureau of Land Management or the Forest
Service; or
``(C) any other Federal permit or authorization for
a mineral project.
``(4) Mineral project.--The term `mineral project' means a
project--
``(A) located on--
``(i) a mining claim, millsite claim, or
tunnel site claim for any mineral;
``(ii) lands open to mineral entry; or
``(iii) a Federal mineral lease; and
``(B) for the purposes of exploring for or
producing minerals.'';
(3) in subsection (b), by striking ``critical'' each place
such term appears;
(4) in subsection (c)--
(A) by striking ``critical mineral production on
Federal land'' and inserting ``mineral projects'';
(B) by inserting ``, and in accordance with
subsection (h)'' after ``to the maximum extent
practicable'';
(C) by striking ``shall complete the'' and
inserting ``shall complete such'';
(D) in paragraph (1), by striking ``critical
mineral-related activities on Federal land'' and
inserting ``mineral projects'';
(E) in paragraph (8), by striking the ``and'' at
the end;
(F) in paragraph (9), by striking ``procedures.''
and inserting ``procedures; and''; and
(G) by adding at the end the following:
``(10) deferring to and relying on baseline data, analyses,
and reviews performed by State agencies with jurisdiction over
the environmental or reclamation permits for the proposed
mineral project.'';
(5) in subsection (d)--
(A) by striking ``critical'' each place such term
appears; and
(B) in paragraph (3), by striking ``mineral-related
activities on Federal land'' and inserting ``mineral
projects'';
(6) in subsection (e), by striking ``critical'';
(7) in subsection (f), by striking ``critical'' each place
such term appears;
(8) in subsection (g), by striking ``critical'' each place
such term appears; and
(9) by adding at the end the following:
``(h) Other Requirements.--
``(1) Memorandum of agreement.--For purposes of maximizing
efficiency and effectiveness of the Federal permitting and
review processes described under subsection (c), the lead
agency in the Federal permitting and review processes of a
mineral project shall (in consultation with any other Federal
agency involved in such Federal permitting and review
processes, and upon request of the project applicant, an
affected State government, local government, or an Indian
Tribe, or other entity such lead agency determines appropriate)
enter into a memorandum of agreement with a project applicant
where requested by the applicant to carry out the activities
described in subsection (c).
``(2) Timelines and schedules for nepa reviews.--
``(A) Extension.--A project applicant may enter
into 1 or more agreements with a lead agency to extend
the deadlines described in subparagraphs (A) and (B) of
subsection (h)(1) of section 107 of title I of the
National Environmental Policy Act of 1969 by, with
respect to each such agreement, not more than 6 months.
``(B) Adjustment of timelines.--At the request of a
project applicant, the lead agency and any other entity
which is a signatory to a memorandum of agreement under
paragraph (1) may, by unanimous agreement, adjust--
``(i) any deadlines described in
subparagraph (A); and
``(ii) any deadlines extended under
subparagraph (B).
``(3) Effect on pending applications.--Upon a written
request by a project applicant, the requirements of this
subsection shall apply to any application for a mineral
exploration or mine permit or mineral lease that was submitted
before the date of the enactment of the TAPP American Resources
Act.''.
SEC. 20303. FEDERAL REGISTER PROCESS IMPROVEMENT.
Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 1606(f)) is
amended--
(1) in paragraph (2), by striking ``critical'' both places
such term appears; and
(2) by striking paragraph (4).
SEC. 20304. DESIGNATION OF MINING AS A COVERED SECTOR FOR FEDERAL
PERMITTING IMPROVEMENT PURPOSES.
Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is
amended by inserting ``mineral production,'' before ``or any other
sector''.
SEC. 20305. TREATMENT OF ACTIONS UNDER PRESIDENTIAL DETERMINATION 2022-
11 FOR FEDERAL PERMITTING IMPROVEMENT PURPOSES.
(a) In General.--Except as provided by subsection (c), an action
described in subsection (b) shall be--
(1) treated as a covered project, as defined in section
41001(6) of the FAST Act (42 U.S.C. 4370m(6)), without regard
to the requirements of that section; and
(2) included in the Permitting Dashboard maintained
pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m-
2(b)).
(b) Actions Described.--An action described in this subsection is
an action taken by the Secretary of Defense pursuant to Presidential
Determination 2022-11 (87 Fed. Reg. 19775; relating to certain actions
under section 303 of the Defense Production Act of 1950) or the
Presidential Memorandum of February 27, 2023, titled ``Presidential
Waiver of Statutory Requirements Pursuant to Section 303 of the Defense
Production Act of 1950, as amended, on Department of Defense Supply
Chains Resilience'' (88 Fed. Reg. 13015) to create, maintain, protect,
expand, or restore sustainable and responsible domestic production
capabilities through--
(1) supporting feasibility studies for mature mining,
beneficiation, and value-added processing projects;
(2) byproduct and co-product production at existing mining,
mine waste reclamation, and other industrial facilities;
(3) modernization of mining, beneficiation, and value-added
processing to increase productivity, environmental
sustainability, and workforce safety; or
(4) any other activity authorized under section 303(a)(1)
of the Defense Production Act of 1950 15 (50 U.S.C.
4533(a)(1)).
(c) Exception.--An action described in subsection (b) may not be
treated as a covered project or be included in the Permitting Dashboard
under subsection (a) if the project sponsor (as defined in section
41001(18) of the FAST Act (42 U.S.C. 21 4370m(18))) requests that the
action not be treated as a covered project.
SEC. 20306. NOTICE FOR MINERAL EXPLORATION ACTIVITIES WITH LIMITED
SURFACE DISTURBANCE.
(a) In General.--Not later than 15 days before commencing an
exploration activity with a surface disturbance of not more than 5
acres of public lands, the operator of such exploration activity shall
submit to the Secretary concerned a complete notice of such exploration
activity.
(b) Inclusions.--Notice submitted under subsection (a) shall
include such information the Secretary concerned may require, including
the information described in section 3809.301 of title 43, Code of
Federal Regulations (or any successor regulation).
(c) Review.--Not later than 15 days after the Secretary concerned
receives notice submitted under subsection (a), the Secretary concerned
shall--
(1) review and determine completeness of the notice; and
(2) allow exploration activities to proceed if--
(A) the surface disturbance of such exploration
activities on such public lands will not exceed 5
acres;
(B) the Secretary concerned determines that the
notice is complete; and
(C) the operator provides financial assurance that
the Secretary concerned determines is adequate.
(d) Definitions.--In this section:
(1) Exploration activity.--The term ``exploration
activity''--
(A) means creating surface disturbance greater than
casual use that includes sampling, drilling, or
developing surface or underground workings to evaluate
the type, extent, quantity, or quality of mineral
values present;
(B) includes constructing drill roads and drill
pads, drilling, trenching, excavating test pits, and
conducting geotechnical tests and geophysical surveys;
and
(C) does not include activities where material is
extracted for commercial use or sale.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to lands administered by the
Secretary of the Interior, the Secretary of the
Interior; and
(B) with respect to National Forest System lands,
the Secretary of Agriculture.
SEC. 20307. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.
Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30
U.S.C. 28f) is amended by adding at the end the following:
``(e) Security of Tenure.--
``(1) In general.--
``(A) In general.--A claimant shall have the right
to use, occupy, and conduct operations on public land,
with or without the discovery of a valuable mineral
deposit, if--
``(i) such claimant makes a timely payment
of the location fee required by section 10102
and the claim maintenance fee required by
subsection (a); or
``(ii) in the case of a claimant who
qualifies for a waiver under subsection (d),
such claimant makes a timely payment of the
location fee and complies with the required
assessment work under the general mining laws.
``(B) Operations defined.--For the purposes of this
paragraph, the term `operations' means--
``(i) any activity or work carried out in
connection with prospecting, exploration,
processing, discovery and assessment,
development, or extraction with respect to a
locatable mineral;
``(ii) the reclamation of any disturbed
areas; and
``(iii) any other reasonably incident uses,
whether on a mining claim or not, including the
construction and maintenance of facilities,
roads, transmission lines, pipelines, and any
other necessary infrastructure or means of
access on public land for support facilities.
``(2) Fulfillment of federal land policy and management
act.--A claimant that fulfills the requirements of this section
and section 10102 shall be deemed to satisfy the requirements
of any provision of the Federal Land Policy and Management Act
that requires the payment of fair market value to the United
States for use of public lands and resources relating to use of
such lands and resources authorized by the general mining laws.
``(3) Savings clause.--Nothing in this subsection may be
construed to diminish the rights of entry, use, and occupancy,
or any other right, of a claimant under the general mining
laws.''.
SEC. 20308. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL MINERAL.
(a) In General.--Section 7002(a)(3)(B)(i) of the Energy Act of 2020
(30 U.S.C. 1606(a)(3)(B)(i)) is amended to read as follows:
``(i) oil, oil shale, coal, or natural
gas;''.
(b) Update.--Not later than 60 days after the date of the enactment
of this section, the Secretary, acting through the Director of the
United States Geological Survey, shall publish in the Federal Register
an update to the final list established in section 7002(c)(3) of the
Energy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance with subsection
(a) of this section.
(c) Report.--Not later than 180 days after the date of the
enactment of this section, the Secretary, acting through the Director
of the United States Geological Survey, in consultation with the
Secretary of Energy, shall submit to the appropriate committees of
Congress a report that includes the following:
(1) The current status of uranium deposits in the United
States with respect to the amount and quality of uranium
contained in such deposits.
(2) A comparison of the United States to the rest of the
world with respect to the amount and quality of uranium
contained in uranium deposits.
(3) Policy considerations, including potential challenges,
of utilizing the uranium from the deposits described in
paragraph (1).
SEC. 20309. BARRING FOREIGN BAD ACTORS FROM OPERATING ON FEDERAL LANDS.
A mining claimant shall be barred from the right to use, occupy,
and conduct operations on Federal land if the Secretary of the Interior
finds the claimant has a foreign parent company that has (including
through a subsidiary)--
(1) a known record of human rights violations; or
(2) knowingly operated an illegal mine in another country.
SEC. 20310. PERMIT PROCESS FOR PROJECTS RELATING TO EXTRACTION,
RECOVERY, OR PROCESSING OF CRITICAL MATERIALS.
(a) Definition of Covered Project.--Section 41001(6)(A) of the FAST
Act (42 U.S.C. 4370m(6)(A)) is amended--
(1) in clause (iii)(III), by striking ``; or'' and
inserting ``;'';
(2) in clause (iv)(II), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(v) is related to the extraction,
recovery, or processing from coal, coal waste,
coal processing waste, pre-or post-combustion
coal byproducts, or acid mine drainage from
coal mines of--
``(I) critical minerals (as such
term is defined in section 7002 of the
Energy Act of 2020);
``(II) rare earth elements; or
``(III) microfine carbon or carbon
from coal.''.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary of the Interior shall submit to the Committees
on Energy and Natural Resources and Commerce, Science, and
Transportation of the Senate and the Committees on Transportation and
Infrastructure, Natural Resources, and Energy and Commerce of the House
of Representatives a report evaluating the timeliness of implementation
of reforms of the permitting process required as a result of the
amendments made by this section on the following:
(1) The economic and national security of the United
States.
(2) Domestic production and supply of critical minerals,
rare earths, and microfine carbon or carbon from coal.
SEC. 20311. NATIONAL STRATEGY TO RE-SHORE MINERAL SUPPLY CHAINS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the United States Geological Survey, in
consultation with the Secretaries of Defense, Energy, and State,
shall--
(1) identify mineral commodities that--
(A) serve a critical purpose to the national
security of the United States, including with respect
to military, defense, and strategic mobility
applications; and
(B) are at highest risk of supply chain disruption
due to the domestic or global actions of any covered
entity, including price-fixing, systemic acquisition
and control of global mineral resources and processing,
refining, and smelting capacity, and undercutting the
fair market value of such resources; and
(2) develop a national strategy for bolstering supply
chains in the United States for the mineral commodities
identified under paragraph (1), including through the enactment
of new national policies and the utilization of current
authorities, to increase capacity and efficiency of domestic
mining, refining, processing, and manufacturing of such mineral
commodities.
(b) Covered Entity.--In this section, the term ``covered entity''
means an entity that--
(1) is subject to the jurisdiction or direction of the
People's Republic of China;
(2) is directly or indirectly operating on behalf of the
People's Republic of China; or
(3) is owned by, directly or indirectly controlled by, or
otherwise subject to the influence of the People's Republic of
China.
TITLE IV--FEDERAL LAND USE PLANNING
SEC. 20401. FEDERAL LAND USE PLANNING AND WITHDRAWALS.
(a) Resource Assessments Required.--Federal lands and waters may
not be withdrawn from entry under the mining laws or operation of the
mineral leasing and mineral materials laws unless--
(1) a quantitative and qualitative geophysical and
geological mineral resource assessment of the impacted area has
been completed during the 10-year period ending on the date of
such withdrawal;
(2) the Secretary, in consultation with the Secretary of
Commerce, the Secretary of Energy, and the Secretary of
Defense, conducts an assessment of the economic, energy,
strategic, and national security value of mineral deposits
identified in such mineral resource assessment;
(3) the Secretary conducts an assessment of the reduction
in future Federal revenues to the Treasury, States, the Land
and Water Conservation Fund, the Historic Preservation Fund,
and the National Parks and Public Land Legacy Restoration Fund
resulting from the proposed mineral withdrawal;
(4) the Secretary, in consultation with the Secretary of
Defense, conducts an assessment of military readiness and
training activities in the proposed withdrawal area; and
(5) the Secretary submits a report to the Committees on
Natural Resources, Agriculture, Energy and Commerce, and
Foreign Affairs of the House of Representatives and the
Committees on Energy and Natural Resources, Agriculture, and
Foreign Affairs of the Senate, that includes the results of the
assessments completed pursuant to this subsection.
(b) Land Use Plans.--Before a resource management plan under the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
or a forest management plan under the National Forest Management Act is
updated or completed, the Secretary or Secretary of Agriculture, as
applicable, in consultation with the Director of the United States
Geological Survey, shall--
(1) review any quantitative and qualitative mineral
resource assessment that was completed or updated during the
10-year period ending on the date that the applicable land
management agency publishes a notice to prepare, revise, or
amend a land use plan by the Director of the United States
Geological Survey for the geographic area affected by the
applicable management plan;
(2) the Secretary, in consultation with the Secretary of
Commerce, the Secretary of Energy, and the Secretary of
Defense, conducts an assessment of the economic, energy,
strategic, and national security value of mineral deposits
identified in such mineral resource assessment; and
(3) submit a report to the Committees on Natural Resources,
Agriculture, Energy and Commerce, and Foreign Affairs of the
House of Representatives and the Committees on Energy and
Natural Resources, Agriculture, and Foreign Affairs of the
Senate, that includes the results of the assessment completed
pursuant to this subsection.
(c) New Information.--The Secretary shall provide recommendations
to the President on appropriate measures to reduce unnecessary impacts
that a withdrawal of Federal lands or waters from entry under the
mining laws or operation of the mineral leasing and mineral materials
laws may have on mineral exploration, development, and other mineral
activities (including authorizing exploration and development of such
mineral deposits) not later than 180 days after the Secretary has
notice that a resource assessment completed by the Director of the
United States Geological Survey, in coordination with the State
geological surveys, determines that a previously undiscovered mineral
deposit may be present in an area that has been withdrawn from entry
under the mining laws or operation of the mineral leasing and mineral
materials laws pursuant to--
(1) section 204 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1714); or
(2) chapter 3203 of title 54, United States Code.
SEC. 20402. PROHIBITIONS ON DELAY OF MINERAL DEVELOPMENT OF CERTAIN
FEDERAL LAND.
(a) Prohibitions.--Notwithstanding any other provision of law, the
President shall not carry out any action that would pause, restrict, or
delay the process for or issuance of any of the following on Federal
land, unless such lands are withdrawn from disposition under the
mineral leasing laws, including by administrative withdrawal:
(1) New oil and gas lease sales, oil and gas leases, drill
permits, or associated approvals or authorizations of any kind
associated with oil and gas leases.
(2) New coal leases (including leases by application in
process, renewals, modifications, or expansions of existing
leases), permits, approvals, or authorizations.
(3) New leases, claims, permits, approvals, or
authorizations for development or exploration of minerals.
(b) Prohibition on Rescission of Leases, Permits, or Claims.--The
President, the Secretary, or Secretary of Agriculture as applicable,
may not rescind any existing lease, permit, or claim for the extraction
and production of any mineral under the mining laws or mineral leasing
and mineral materials laws on National Forest System land or land under
the jurisdiction of the Bureau of Land Management, unless specifically
authorized by Federal statute, or upon the lessee, permittee, or
claimant's failure to comply with any of the provisions of the
applicable lease, permit, or claim.
(c) Mineral Defined.--In subsection (a)(3), the term ``mineral''
means any mineral of a kind that is locatable (including such minerals
located on ``lands acquired by the United States'', as such term is
defined in section 2 of the Mineral Leasing Act for Acquired Lands)
under the Act of May 10, 1872 (Chapter 152; 17 Stat. 91).
SEC. 20403. DEFINITIONS.
In this title:
(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--
(A) the President; and
(B) any designee of the President, including--
(i) the Secretary of Agriculture;
(ii) the Secretary of Commerce;
(iii) the Secretary of Energy; and
(iv) the Secretary of the Interior.
(3) Previously undiscovered deposit.--The term ``previously
undiscovered mineral deposit'' means--
(A) a mineral deposit that has been previously
evaluated by the United States Geological Survey and
found to be of low mineral potential, but upon
subsequent evaluation is determined by the United
States Geological Survey to have significant mineral
potential; or
(B) a mineral deposit that has not previously been
evaluated by the United States Geological Survey.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
TITLE V--ENSURING COMPETITIVENESS ON FEDERAL LANDS
SEC. 20501. INCENTIVIZING DOMESTIC PRODUCTION.
(a) Offshore Oil and Gas Royalty Rate.--Section 8(a)(1) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)) is amended--
(1) in subparagraph (A), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' each place it appears and inserting ``not less
than 12.5 percent'';
(2) in subparagraph (C), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' each place it appears and inserting ``not less
than 12.5 percent'';
(3) in subparagraph (F), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' and inserting ``not less than 12.5 percent''; and
(4) in subparagraph (H), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' and inserting ``not less than 12.5 percent''.
(b) Mineral Leasing Act.--
(1) Onshore oil and gas royalty rates.--
(A) Lease of oil and gas land.--Section 17 of the
Mineral Leasing Act (30 U.S.C. 226) is amended--
(i) in subsection (b)(1)(A)--
(I) by striking ``not less than
16\2/3\'' and inserting ``not less than
12.5''; and
(II) by striking ``or, in the case
of a lease issued during the 10-year
period beginning on the date of
enactment of the Act titled `An Act to
provide for reconciliation pursuant to
title II of S. Con. Res. 14', 16\2/3\
percent in amount or value of the
production removed or sold from the
lease''; and
(ii) by striking ``16\2/3\ percent'' each
place it appears and inserting ``12.5
percent''.
(B) Conditions for reinstatement.--Section 31(e)(3)
of the Mineral Leasing Act (30 U.S.C. 188(e)(3)) is
amended by striking ``20'' inserting ``16\2/3\''.
(2) Oil and gas minimum bid.--Section 17(b) of the Mineral
Leasing Act (30 U.S.C. 226(b)) is amended--
(A) in paragraph (1)(B), by striking ``$10 per acre
during the 10-year period beginning on the date of
enactment of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res.
14'.'' and inserting ``$2 per acre for a period of 2
years from the date of the enactment of the Federal
Onshore Oil and Gas Leasing Reform Act of 1987.''; and
(B) in paragraph (2)(C), by striking ``$10 per
acre'' and inserting ``$2 per acre''.
(3) Fossil fuel rental rates.--Section 17(d) of the Mineral
Leasing Act (30 U.S.C. 226(d)) is amended to read as follows:
``(d) All leases issued under this section, as amended by the
Federal Onshore Oil and Gas Leasing Reform Act of 1987, shall be
conditioned upon payment by the lessee of a rental of not less than
$1.50 per acre per year for the first through fifth years of the lease
and not less than $2 per acre per year for each year thereafter. A
minimum royalty in lieu of rental of not less than the rental which
otherwise would be required for that lease year shall be payable at the
expiration of each lease year beginning on or after a discovery of oil
or gas in paying quantities on the lands leased.''.
(4) Expression of interest fee.--Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is further amended by repealing
subsection (q).
(5) Elimination of noncompetitive leasing.--Section 17 of
the Mineral Leasing Act (30 U.S.C. 226) is further amended--
(A) in subsection (b)--
(i) in paragraph (1)(A)--
(I) in the first sentence, by
striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
and
(II) by adding at the end ``Lands
for which no bids are received or for
which the highest bid is less than the
national minimum acceptable bid shall
be offered promptly within 30 days for
leasing under subsection (c) of this
section and shall remain available for
leasing for a period of 2 years after
the competitive lease sale.''; and
(ii) by adding at the end the following:
``(3)(A) If the United States held a vested future interest
in a mineral estate that, immediately prior to becoming a
vested present interest, was subject to a lease under which oil
or gas was being produced, or had a well capable of producing,
in paying quantities at an annual average production volume per
well per day of either not more than 15 barrels per day of oil
or condensate, or not more than 60,000 cubic feet of gas, the
holder of the lease may elect to continue the lease as a
noncompetitive lease under subsection (c)(1).
``(B) An election under this paragraph is effective--
``(i) in the case of an interest which vested after
January 1, 1990, and on or before October 24, 1992, if
the election is made before the date that is 1 year
after October 24, 1992;
``(ii) in the case of an interest which vests
within 1 year after October 24, 1992, if the election
is made before the date that is 2 years after October
24, 1992; and
``(iii) in any case other than those described in
clause (i) or (ii), if the election is made prior to
the interest becoming a vested present interest.'';
(B) by striking subsection (c) and inserting the
following:
``(c) Lands Subject to Leasing Under Subsection (b); First
Qualified Applicant.--
``(1) If the lands to be leased are not leased under
subsection (b)(1) of this section or are not subject to
competitive leasing under subsection (b)(2) of this section,
the person first making application for the lease who is
qualified to hold a lease under this chapter shall be entitled
to a lease of such lands without competitive bidding, upon
payment of a non-refundable application fee of at least $75. A
lease under this subsection shall be conditioned upon the
payment of a royalty at a rate of 12.5 percent in amount or
value of the production removed or sold from the lease. Leases
shall be issued within 60 days of the date on which the
Secretary identifies the first responsible qualified applicant.
``(2)(A) Lands (i) which were posted for sale under
subsection (b)(1) of this section but for which no bids were
received or for which the highest bid was less than the
national minimum acceptable bid and (ii) for which, at the end
of the period referred to in subsection (b)(1) of this section
no lease has been issued and no lease application is pending
under paragraph (1) of this subsection, shall again be
available for leasing only in accordance with subsection (b)(1)
of this section.
``(B) The land in any lease which is issued under paragraph
(1) of this subsection or under subsection (b)(1) of this
section which lease terminates, expires, is cancelled or is
relinquished shall again be available for leasing only in
accordance with subsection (b)(1) of this section.''; and
(C) by striking subsection (e) and inserting the
following:
``(e) Primary Term.--Competitive and noncompetitive leases issued
under this section shall be for a primary term of 10 years: Provided,
however, That competitive leases issued in special tar sand areas shall
also be for a primary term of 10 years. Each such lease shall continue
so long after its primary term as oil or gas is produced in paying
quantities. Any lease issued under this section for land on which, or
for which under an approved cooperative or unit plan of development or
operation, actual drilling operations were commenced prior to the end
of its primary term and are being diligently prosecuted at that time
shall be extended for two years and so long thereafter as oil or gas is
produced in paying quantities.''.
(6) Conforming amendments.--Section 31 of the Mineral
Leasing Act (30 U.S.C. 188) is amended--
(A) in subsection (d)(1), by striking ``section
17(b)'' and inserting ``subsection (b) or (c) of
section 17 of this Act'';
(B) in subsection (e)--
(i) in paragraph (2)--
(I) insert ``either'' after
``rentals and''; and
(II) insert ``or the inclusion in a
reinstated lease issued pursuant to the
provisions of section 17(c) of this Act
of a requirement that future rentals
shall be at a rate not less than $5 per
acre per year, all'' before ``as
determined by the Secretary''; and
(ii) by amending paragraph (3) to read as
follows:
``(3)(A) payment of back royalties and the inclusion in a
reinstated lease issued pursuant to the provisions of section
17(b) of this Act of a requirement for future royalties at a
rate of not less than 16\2/3\ percent computed on a sliding
scale based upon the average production per well per day, at a
rate which shall be not less than 4 percentage points greater
than the competitive royalty schedule then in force and used
for royalty determination for competitive leases issued
pursuant to such section as determined by the Secretary:
Provided, That royalty on such reinstated lease shall be paid
on all production removed or sold from such lease subsequent to
the termination of the original lease;
``(B) payment of back royalties and inclusion in a
reinstated lease issued pursuant to the provisions of section
17(c) of this Act of a requirement for future royalties at a
rate not less than 16\2/3\ percent: Provided, That royalty on
such reinstated lease shall be paid on all production removed
or sold from such lease subsequent to the cancellation or
termination of the original lease; and'';
(C) in subsection (f)--
(i) in paragraph (1), strike ``in the same
manner as the original lease issued pursuant to
section 17'' and insert ``as a competitive or a
noncompetitive oil and gas lease in the same
manner as the original lease issued pursuant to
subsection (b) or (c) of section 17 of this
Act'';
(ii) by redesignating paragraphs (2) and
(3) as paragraph (3) and (4), respectively; and
(iii) by inserting after paragraph (1) the
following:
``(2) Except as otherwise provided in this section, the
issuance of a lease in lieu of an abandoned patented oil placer
mining claim shall be treated as a noncompetitive oil and gas
lease issued pursuant to section 17(c) of this Act.'';
(D) in subsection (g), by striking ``subsection
(d)'' and inserting ``subsections (d) and (f)'';
(E) by amending subsection (h) to read as follows:
``(h) Royalty Reductions.--
``(1) In acting on a petition to issue a noncompetitive oil
and gas lease, under subsection (f) of this section or in
response to a request filed after issuance of such a lease, or
both, the Secretary is authorized to reduce the royalty on such
lease if in his judgment it is equitable to do so or the
circumstances warrant such relief due to uneconomic or other
circumstances which could cause undue hardship or premature
termination of production.
``(2) In acting on a petition for reinstatement pursuant to
subsection (d) of this section or in response to a request
filed after reinstatement, or both, the Secretary is authorized
to reduce the royalty in that reinstated lease on the entire
leasehold or any tract or portion thereof segregated for
royalty purposes if, in his judgment, there are uneconomic or
other circumstances which could cause undue hardship or
premature termination of production; or because of any written
action of the United States, its agents or employees, which
preceded, and was a major consideration in, the lessee's
expenditure of funds to develop the property under the lease
after the rent had become due and had not been paid; or if in
the judgment of the Secretary it is equitable to do so for any
reason.'';
(F) by redesignating subsections (f) through (i) as
subsections (g) through (j), respectively; and
(G) by inserting after subsection (e) the
following:
``(f) Issuance of Noncompetitive Oil and Gas Lease; Conditions.--
Where an unpatented oil placer mining claim validly located prior to
February 24, 1920, which has been or is currently producing or is
capable of producing oil or gas, has been or is hereafter deemed
conclusively abandoned for failure to file timely the required
instruments or copies of instruments required by section 1744 of title
43, and it is shown to the satisfaction of the Secretary that such
failure was inadvertent, justifiable, or not due to lack of reasonable
diligence on the part of the owner, the Secretary may issue, for the
lands covered by the abandoned unpatented oil placer mining claim, a
noncompetitive oil and gas lease, consistent with the provisions of
section 17(e) of this Act, to be effective from the statutory date the
claim was deemed conclusively abandoned. Issuance of such a lease shall
be conditioned upon:
``(1) a petition for issuance of a noncompetitive oil and
gas lease, together with the required rental and royalty,
including back rental and royalty accruing from the statutory
date of abandonment of the oil placer mining claim, being filed
with the Secretary- (A) with respect to any claim deemed
conclusively abandoned on or before January 12, 1983, on or
before the one hundred and twentieth day after January 12,
1983, or (B) with respect to any claim deemed conclusively
abandoned after January 12, 1983, on or before the one hundred
and twentieth day after final notification by the Secretary or
a court of competent jurisdiction of the determination of the
abandonment of the oil placer mining claim;
``(2) a valid lease not having been issued affecting any of
the lands covered by the abandoned oil placer mining claim
prior to the filing of such petition: Provided, however, That
after the filing of a petition for issuance of a lease under
this subsection, the Secretary shall not issue any new lease
affecting any of the lands covered by such abandoned oil placer
mining claim for a reasonable period, as determined in
accordance with regulations issued by him;
``(3) a requirement in the lease for payment of rental,
including back rentals accruing from the statutory date of
abandonment of the oil placer mining claim, of not less than $5
per acre per year;
``(4) a requirement in the lease for payment of royalty on
production removed or sold from the oil placer mining claim,
including all royalty on production made subsequent to the
statutory date the claim was deemed conclusively abandoned, of
not less than 12\1/2\ percent; and
``(5) compliance with the notice and reimbursement of costs
provisions of paragraph (4) of subsection (e) but addressed to
the petition covering the conversion of an abandoned unpatented
oil placer mining claim to a noncompetitive oil and gas
lease.''.
TITLE VI--ENERGY REVENUE SHARING
SEC. 20601. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUE.
(a) Distribution of Outer Continental Shelf Revenue to Gulf
Producing States.--Section 105 of the Gulf of Mexico Energy Security
Act of 2006 (43 U.S.C. 1331 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``50'' and
inserting ``37.5''; and
(B) in paragraph (2)--
(i) by striking ``50'' and inserting
``62.5'';
(ii) in subparagraph (A), by striking
``75'' and inserting ``80''; and
(iii) in subparagraph (B), by striking
``25'' and inserting ``20''; and
(2) by striking subsection (f) and inserting the following:
``(f) Treatment of Amounts.--Amounts disbursed to a Gulf producing
State under this section shall be treated as revenue sharing and not as
a Federal award or grant for the purposes of part 200 of title 2, Code
of Federal Regulations.''.
(b) Exemption of Certain Payments From Sequestration.--
(1) In general.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(A)) is amended by inserting after ``Payments to
Social Security Trust Funds (28-0404-0-1-651).'' the following:
``Payments to States pursuant to section 105(a)(2)(A) of
the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-
432; 43 U.S.C. 1331 note) (014-5535-0-2-302).''.
(2) Applicability.--The amendment made by this subsection
shall apply to any sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) on or after the date of enactment of this
Act.
SEC. 20602. PARITY IN OFFSHORE WIND REVENUE SHARING.
(a) Payments and Revenues.--Section 8(p)(2) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)) is amended--
(1) in subparagraph (A), by striking ``(A) The Secretary''
and inserting the following:
``(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary'';
(2) in subparagraph (B), by striking ``(B) The Secretary''
and inserting the following:
``(B) Disposition of revenues for projects located
within 3 nautical miles seaward of state submerged
land.--The Secretary''; and
(3) by adding at the end the following:
``(C) Disposition of revenues for offshore wind
projects in certain areas.--
``(i) Definitions.--In this subparagraph:
``(I) Covered offshore wind
project.--The term `covered offshore
wind project' means a wind powered
electric generation project in a wind
energy area on the outer Continental
Shelf that is not wholly or partially
located within an area subject to
subparagraph (B).
``(II) Eligible state.--The term
`eligible State' means a State a point
on the coastline of which is located
within 75 miles of the geographic
center of a covered offshore wind
project.
``(III) Qualified outer continental
shelf revenues.--The term `qualified
outer Continental Shelf revenues' means
all royalties, fees, rentals, bonuses,
or other payments from covered offshore
wind projects carried out pursuant to
this subsection on or after the date of
enactment of this subparagraph.
``(ii) Requirement.--
``(I) In general.--The Secretary of
the Treasury shall deposit--
``(aa) 12.5 percent of
qualified outer Continental
Shelf revenues in the general
fund of the Treasury;
``(bb) 37.5 percent of
qualified outer Continental
Shelf revenues in the North
American Wetlands Conservation
Fund; and
``(cc) 50 percent of
qualified outer Continental
Shelf revenues in a special
account in the Treasury from
which the Secretary shall
disburse to each eligible State
an amount determined pursuant
to subclause (II).
``(II) Allocation.--
``(aa) In general.--Subject
to item (bb), for each fiscal
year beginning after the date
of enactment of this
subparagraph, the amount made
available under subclause
(I)(cc) shall be allocated to
each eligible State in amounts
(based on a formula established
by the Secretary by regulation)
that are inversely proportional
to the respective distances
between the point on the
coastline of each eligible
State that is closest to the
geographic center of the
applicable leased tract and the
geographic center of the leased
tract.
``(bb) Minimum
allocation.--The amount
allocated to an eligible State
each fiscal year under item
(aa) shall be at least 10
percent of the amounts made
available under subclause
(I)(cc).
``(cc) Payments to coastal
political subdivisions.--
``(AA) In
general.--The Secretary
shall pay 20 percent of
the allocable share of
each eligible State, as
determined pursuant to
item (aa), to the
coastal political
subdivisions of the
eligible State.
``(BB)
Allocation.--The amount
paid by the Secretary
to coastal political
subdivisions under
subitem (AA) shall be
allocated to each
coastal political
subdivision in
accordance with
subparagraphs (B) and
(C) of section 31(b)(4)
of this Act.
``(iii) Timing.--The amounts required to be
deposited under subclause (I) of clause (ii)
for the applicable fiscal year shall be made
available in accordance with such subclause
during the fiscal year immediately following
the applicable fiscal year.
``(iv) Authorized uses.--
``(I) In general.--Subject to
subclause (II), each eligible State
shall use all amounts received under
clause (ii)(II) in accordance with all
applicable Federal and State laws, only
for 1 or more of the following
purposes:
``(aa) Projects and
activities for the purposes of
coastal protection and
resiliency, including
conservation, coastal
restoration, estuary
management, beach nourishment,
hurricane and flood protection,
and infrastructure directly
affected by coastal wetland
losses.
``(bb) Mitigation of damage
to fish, wildlife, or natural
resources, including through
fisheries science and research.
``(cc) Implementation of a
federally approved marine,
coastal, or comprehensive
conservation management plan.
``(dd) Mitigation of the
impact of outer Continental
Shelf activities through the
funding of onshore
infrastructure projects.
``(ee) Planning assistance
and the administrative costs of
complying with this section.
``(ff) Infrastructure
improvements at ports,
including modifications to
Federal navigation channels, to
support installation of
offshore wind energy projects.
``(II) Limitation.--Of the amounts
received by an eligible State under
clause (ii)(II), not more than 3
percent shall be used for the purposes
described in subclause (I)(ee).
``(v) Administration.--Subject to clause
(vi)(III), amounts made available under items
(aa) and (cc) of clause (ii)(I) shall--
``(I) be made available, without
further appropriation, in accordance
with this subparagraph;
``(II) remain available until
expended; and
``(III) be in addition to any
amount appropriated under any other
Act.
``(vi) Reporting requirement.--
``(I) In general.--Not later than
180 days after the end of each fiscal
year, the Governor of each eligible
State that receives amounts under
clause (ii)(II) for the applicable
fiscal year shall submit to the
Secretary a report that describes the
use of the amounts by the eligible
State during the period covered by the
report.
``(II) Public availability.--On
receipt of a report submitted under
subclause (I), the Secretary shall make
the report available to the public on
the website of the Department of the
Interior.
``(III) Limitation.--If the
Governor of an eligible State that
receives amounts under clause (ii)(II)
fails to submit the report required
under subclause (I) by the deadline
specified in that subclause, any
amounts that would otherwise be
provided to the eligible State under
clause (ii)(II) for the succeeding
fiscal year shall be deposited in the
Treasury.
``(vii) Treatment of amounts.--Amounts
disbursed to an eligible State under this
subsection shall be treated as revenue sharing
and not as a Federal award or grant for the
purposes of part 200 of title 2, Code of
Federal Regulations.''.
(b) Wind Lease Sales for Areas of the Outer Continental Shelf
Offshore of Territories of the United States.--Section 33 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356c) is amended by adding at
the end the following:
``(b) Wind Lease Sale Procedure.--Any wind lease granted pursuant
to this section shall be considered a wind lease granted under section
8(p), including for purposes of the disposition of revenues pursuant to
subparagraphs (B) and (C) of section 8(p)(2).''.
(c) Exemption of Certain Payments From Sequestration.--
(1) In general.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(A)) is amended by inserting after ``Payments to
Social Security Trust Funds (28-0404-0-1-651).'' the following:
``Payments to States pursuant to subparagraph
(C)(ii)(I)(cc) of section 8(p)(2) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(p)(2)).''.
(2) Applicability.--The amendment made by this subsection
shall apply to any sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) on or after the date of enactment of this
Act.
SEC. 20603. ELIMINATION OF ADMINISTRATIVE FEE UNDER THE MINERAL LEASING
ACT.
(a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C.
191) is amended--
(1) in subsection (a), in the first sentence, by striking
``and, subject to the provisions of subsection (b),'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in paragraph (3)(B)(ii) of subsection (b) (as so
redesignated), by striking ``subsection (d)'' and inserting
``subsection (c)''; and
(5) in paragraph (3)(A)(ii) of subsection (c) (as so
redesignated), by striking ``subsection (c)(2)(B)'' and
inserting ``subsection (b)(2)(B)''.
(b) Conforming Amendments.--
(1) Section 6(a) of the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 355(a)) is amended--
(A) in the first sentence, by striking ``Subject to
the provisions of section 35(b) of the Mineral Leasing
Act (30 U.S.C. 191(b)), all'' and inserting ``All'';
and
(B) in the second sentence, by striking ``of the
Act of February 25, 1920 (41 Stat. 450; 30 U.S.C.
191),'' and inserting ``of the Mineral Leasing Act (30
U.S.C. 191)''.
(2) Section 20(a) of the Geothermal Steam Act of 1970 (30
U.S.C. 1019(a)) is amended, in the second sentence of the
matter preceding paragraph (1), by striking ``the provisions of
subsection (b) of section 35 of the Mineral Leasing Act (30
U.S.C. 191(b)) and section 5(a)(2) of this Act'' and inserting
``section 5(a)(2)''.
(3) Section 205(f) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1735(f)) is amended--
(A) in the first sentence, by striking ``this
Section'' and inserting ``this section''; and
(B) by striking the fourth, fifth, and sixth
sentences.
SEC. 20604. SUNSET.
This title, and the amendments made by this title, shall cease to
have effect on September 30, 2032, and on such date the provisions of
law amended by this title shall be restored or revived as if this title
had not been enacted.
DIVISION C--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT
SEC. 30001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Water Quality
Certification and Energy Project Improvement Act of 2023''.
(b) Table of Contents.--The table of contents of this division is
as follows:
DIVISION C--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT
Sec. 30001. Short title; table of contents.
Sec. 30002. Certification.
Sec. 30003. Federal general permits.
SEC. 30002. CERTIFICATION.
Section 401 of the Federal Water Pollution Control Act (33 U.S.C.
1341) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by striking
``may result'' and inserting ``may directly
result'';
(ii) in the second sentence, by striking
``activity'' and inserting ``discharge'';
(iii) in the third sentence, by striking
``applications'' each place it appears and
inserting ``requests'';
(iv) in the fifth sentence, by striking
``act on'' and inserting ``grant or deny''; and
(v) by inserting after the fourth sentence
the following: ``Not later than 30 days after
the date of enactment of the Water Quality
Certification and Energy Project Improvement
Act of 2023, each State and interstate agency
that has authority to give such a
certification, and the Administrator, shall
publish requirements for certification to
demonstrate to such State, such interstate
agency, or the Administrator, as the case may
be, compliance with the applicable provisions
of sections 301, 302, 303, 306, and 307. A
decision to grant or deny a request for
certification shall be based only on the
applicable provisions of sections 301, 302,
303, 306, and 307, and the grounds for the
decision shall be set forth in writing and
provided to the applicant. Not later than 90
days after receipt of a request for
certification, the State, interstate agency, or
Administrator, as the case may be, shall
identify in writing all specific additional
materials or information that are necessary to
grant or deny the request.'';
(B) in paragraph (2)--
(i) in the second sentence, by striking
``notice of application for such Federal
license or permit'' and inserting ``receipt of
a notice under the preceding sentence'';
(ii) in the third sentence, by striking
``any water quality requirement'' and inserting
``any applicable provision of section 301, 302,
303, 306, or 307'';
(iii) in the fifth sentence, by striking
``insure compliance with applicable water
quality requirements.'' and inserting ``ensure
compliance with the applicable provisions of
sections 301, 302, 303, 306, and 307.'';
(iv) in the final sentence, by striking
``insure'' and inserting ``ensure''; and
(v) by striking the first sentence and
inserting ``On receipt of a request for
certification, the certifying State or
interstate agency, as applicable, shall
immediately notify the Administrator of the
request.'';
(C) in paragraph (3), in the second sentence, by
striking ``section'' and inserting ``any applicable
provision of section'';
(D) in paragraph (4)--
(i) in the first sentence, by striking
``applicable effluent limitations or other
limitations or other applicable water quality
requirements will not be violated'' and
inserting ``no applicable provision of section
301, 302, 303, 306, or 307 will be violated'';
(ii) in the second sentence, by striking
``will violate applicable effluent limitations
or other limitations or other water quality
requirements'' and inserting ``will directly
result in a discharge that violates an
applicable provision of section 301, 302, 303,
306, or 307,''; and
(iii) in the third sentence, by striking
``such facility or activity will not violate
the applicable provisions'' and inserting
``operation of such facility or activity will
not directly result in a discharge that
violates any applicable provision''; and
(E) in paragraph (5), by striking ``the applicable
provisions'' and inserting ``any applicable
provision'';
(2) in subsection (d), by striking ``any applicable
effluent limitations and other limitations, under section 301
or 302 of this Act, standard of performance under section 306
of this Act, or prohibition, effluent standard, or pretreatment
standard under section 307 of this Act, and with any other
appropriate requirement of State law set forth in such
certification, and'' and inserting ``the applicable provisions
of sections 301, 302, 303, 306, and 307, and any such
limitations or requirements''; and
(3) by adding at the end the following:
``(e) For purposes of this section, the applicable provisions of
sections 301, 302, 303, 306, and 307 are any applicable effluent
limitations and other limitations, under section 301 or 302, standard
of performance under section 306, prohibition, effluent standard, or
pretreatment standard under section 307, and requirement of State law
implementing water quality criteria under section 303 necessary to
support the designated use or uses of the receiving navigable
waters.''.
SEC. 30003. FEDERAL GENERAL PERMITS.
Section 402(a) of the Federal Water Pollution Control Act (33
U.S.C. 1342(a)) is amended by adding at the end the following:
``(6)(A) The Administrator is authorized to issue general permits
under this section for discharges of similar types from similar
sources.
``(B) The Administrator may require submission of a notice of
intent to be covered under a general permit issued under this section,
including additional information that the Administrator determines
necessary.
``(C) If a general permit issued under this section will expire and
the Administrator decides not to issue a new general permit for
discharges similar to those covered by the expiring general permit, the
Administrator shall publish in the Federal Register a notice of such
decision at least two years prior to the expiration of the general
permit.
``(D) If a general permit issued under this section expires and the
Administrator has not published a notice in accordance with
subparagraph (C), until such time as the Administrator issues a new
general permit for discharges similar to those covered by the expired
general permit, the Administrator shall--
``(i) continue to apply the terms, conditions, and
requirements of the expired general permit to any discharge
that was covered by the expired general permit; and
``(ii) apply such terms, conditions, and requirements to
any discharge that would have been covered by the expired
general permit (in accordance with any relevant requirements
for such coverage) if the discharge had occurred before such
expiration.''.
Passed the House of Representatives March 30, 2023.
Attest:
Clerk.
118th CONGRESS
1st Session
H. R. 1
_______________________________________________________________________
AN ACT
To lower energy costs by increasing American energy production,
exports, infrastructure, and critical minerals processing, by promoting
transparency, accountability, permitting, and production of American
resources, and by improving water quality certification and energy
projects, and for other purposes.