117 HR 9006 IH: 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. U.S. House of Representatives 2022-09-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 9006IN THE HOUSE OF REPRESENTATIVESSeptember 28, 2022Ms. 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 concernedA BILLTo 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.

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.

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.

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.

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.