[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9006 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9006

   To establish deadlines for the Secretary of the Interior and the 
Secretary of Agriculture to complete certain environmental reviews, to 
   establish notification rules for receipt of onshore right-of-way 
                 applications, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2022

 Ms. Herrell (for herself and Mr. Westerman) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
     addition to the Committee on Agriculture, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To establish deadlines for the Secretary of the Interior and the 
Secretary of Agriculture to complete certain environmental reviews, to 
   establish notification rules for receipt of onshore right-of-way 
                 applications, 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. NATIONAL ENVIRONMENTAL POLICY ACT REVIEW DEADLINES.

    (a) In General.--With respect to major Federal actions carried out 
by the Secretary of the Interior or the Secretary of Agriculture, the 
Secretary concerned shall complete--
            (1) any environmental assessment required under section 
        102(2)(C) of the National Environmental Policy Act of 1969 (42 
        U.S.C. 4332(2)(C)) relating to the major Federal action by not 
        later than 1 year after the sooner of, as applicable--
                    (A) the date on which the Secretary concerned 
                notifies the applicant under section 2 that the 
                application to establish a right-of-way for the major 
                Federal action is complete; and
                    (B) the date on which the Secretary concerned 
                begins the scoping for the major Federal action; and
            (2) any environmental impact statement required section 
        102(2)(C) of the National Environmental Policy Act of 1969 (42 
        U.S.C. 4332(2)(C)) relating to the major Federal action by not 
        later than 2 years after the sooner of, as applicable--
                    (A) the date on which the Secretary concerned 
                notifies the applicant under section 2 that the 
                application to establish a right-of-way for the major 
                Federal action is complete; and
                    (B) the date on which the Secretary concerned 
                issues a notice of intent to prepare the environmental 
                impact statement for the major Federal action.
    (b) Extension.--The Secretary concerned may extend a deadline 
described in subsection (a) with the approval of the applicant.
    (c) Report.--
            (1) In general.--The Secretary concerned shall each 
        annually submit to the Committee on Natural Resources of the 
        House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate a report that--
                    (A) identifies any environmental assessment and 
                environmental impact statement that is not completed by 
                the appropriate deadline described in subsection (a) or 
                the deadline extended under subsection (b), as 
                applicable; and
                    (B) provides an explanation for any failure to meet 
                such deadline.
            (2) Inclusions.--Each report submitted under paragraph (1) 
        shall identify--
                    (A) the respective field office, ranger district, 
                or region office, as applicable, responsible for each 
                such environmental assessment and environmental impact 
                statement;
                    (B) as applicable, the date on which--
                            (i) the Secretary concerned notifies the 
                        applicant under section 2 that the application 
                        to establish a right-of-way for the major 
                        Federal action is complete;
                            (ii) the Secretary concerned begins the 
                        scoping for the major Federal action; or
                            (iii) the Secretary concerned issues a 
                        notice of intent to prepare the environmental 
                        impact statement for the major Federal action; 
                        and
                    (C) when such environmental assessment and 
                environmental impact statement is expected to be 
                complete.

SEC. 2. DETERMINATION REGARDING RIGHT-OF-WAY.

    Not later than 60 days after the Secretary concerned receives an 
application to establish a right-of-way, the Secretary concerned shall 
notify the applicant as to whether the application is complete or 
deficient. If the Secretary concerned determines the application is 
complete, the Secretary concerned may not consider any other 
application to establish a right-of-way on the same or any overlapping 
parcels of land while such application is pending.

SEC. 3. TERMS OF RIGHTS-OF-WAY.

    (a) Federal Land Policy and Management Act of 1976.--Section 501 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) is 
amended by adding at the end the following:
    ``(e) Any right-of-way granted, issued, amended, or renewed under 
subsection (a)(4) may be limited to a term of not more than 50 years 
before such right-of-way is subject to renewal or amendment.''.
    (b) Mineral Leasing Act.--Section 28(n) of the Mineral Leasing Act 
(30 U.S.C. 185(n)) is amended by striking ``thirty'' and inserting 
``50''.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) 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).
            (2) 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.
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