[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3762 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3762

 To provide greater output, price stability, and regulatory certainty 
  with respect to domestic energy production in the United States and 
                    exports, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2022

 Mr. Cruz (for himself and Mr. Hagerty) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide greater output, price stability, and regulatory certainty 
  with respect to domestic energy production in the United States and 
                    exports, 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 ``Energy Freedom 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
      TITLE I--ACCELERATING ENERGY APPROVALS TO REDUCE BOTTLENECKS

Sec. 101. Findings.
Sec. 102. Review and approval of certain natural gas transmission 
                            projects.
Sec. 103. Expedited approval for certain natural gas interstate 
                            pipelines.
Sec. 104. Natural gas exports.
Sec. 105. Pending applications to export natural gas.
Sec. 106. Domestic environmental impacts.
Sec. 107. No Presidential permit required.
            TITLE II--UTILIZING AMERICA'S ONSHORE RESOURCES

Sec. 201. Finding.
Sec. 202. Annual oil and natural gas lease sales.
Sec. 203. Permit to drill application timeline.
Sec. 204. Congressional authority requirement.
Sec. 205. Prohibition on moratoria of new energy leases on certain 
                            Federal land and on withdrawal of Federal 
                            land from energy development.
               TITLE III--OUTER CONTINENTAL SHELF LEASING

Sec. 301. Finding.
Sec. 302. Offshore lease sales.
                      TITLE IV--ALTERNATIVE ENERGY

Sec. 401. Geothermal, solar, and wind leasing priority areas.
Sec. 402. Geothermal production on Federal lands.
Sec. 403. Alternative energy and minerals with respect to territories 
                            of the United States.
Sec. 404. Hardrock mineral licensing.
                 TITLE V--STOPPING EXECUTIVE OVERREACH

Sec. 501. Finding.
Sec. 502. Navigable Waters Protection Rule.
Sec. 503. Methane rule.
Sec. 504. ONRR 2020 Valuation Reform and Civil Penalty Rule.
Sec. 505. NEPA rule.
Sec. 506. Nationwide permit 12.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Interior.

      TITLE I--ACCELERATING ENERGY APPROVALS TO REDUCE BOTTLENECKS

SEC. 101. FINDINGS.

    Congress finds that--
            (1) natural gas is a safe and abundant resource and is 
        proven to be environmentally responsible; and
            (2) increasing the safe transmission of natural gas will 
        lead to more reliable, abundant, and cleaner domestic supplies 
        of energy that will contribute to job growth and economic 
        development.

SEC. 102. REVIEW AND APPROVAL OF CERTAIN NATURAL GAS TRANSMISSION 
              PROJECTS.

    (a) FERC Approvals.--Section 7(e) of the Natural Gas Act (15 U.S.C. 
717f(e)) is amended--
            (1) in the second sentence, by striking ``The Commission'' 
        and inserting the following:
            ``(3) Terms and conditions.--The Commission'';
            (2) by striking ``(e) Except'' and inserting the following:
    ``(e) Application Procedure.--
            ``(1) In general.--Except''; and
            (3) by inserting after paragraph (1) (as so designated) the 
        following:
            ``(2) Deadline for processing applications.--
                    ``(A) In general.--Not later than 1 year after the 
                date on which the Commission receives an application 
                for a certificate of public convenience and necessity 
                under subsection (c), the Commission shall--
                            ``(i) complete all required consultations 
                        with other Federal agencies;
                            ``(ii) review the application in accordance 
                        with the requirements of this section; and
                            ``(iii) issue the certificate or deny the 
                        application.
                    ``(B) Reasons for denial.--If the Commission denies 
                an application under subparagraph (A)(iii), the 
                Commission shall state the reasons for the denial.''.
    (b) Corps of Engineers Approvals.--
            (1) Definition of covered authorization.--In this 
        subsection, the term ``covered authorization'' means an 
        authorization or approval required under Federal law from the 
        Secretary of the Army for any natural gas transmission project, 
        including an authorization--
                    (A) under section 404 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1344);
                    (B) under section 10 of the Act of March 3, 1899 
                (commonly known as the ``Rivers and Harbors Act of 
                1899'') (30 Stat. 1151, chapter 425; 33 U.S.C. 403);
                    (C) for an easement under section 28 of the Mineral 
                Leasing Act (30 U.S.C. 185);
                    (D) for permission under section 14 of the Act of 
                March 3, 1899 (commonly known as the ``Rivers and 
                Harbors Act of 1899'') (30 Stat. 1152, chapter 425; 33 
                U.S.C. 408);
                    (E) under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.); and
                    (F) any other applicable Federal law.
            (2) Requirement.--The Secretary of the Army shall--
                    (A) approve or deny an application or request for a 
                covered authorization, including the completion of any 
                required consultations with other Federal agencies, by 
                not later than 1 year after the date on which the 
                application or request is submitted; and
                    (B) if the application or request for a covered 
                authorization is denied, provide to the applicant or 
                requester the reasons for the denial.

SEC. 103. EXPEDITED APPROVAL FOR CERTAIN NATURAL GAS INTERSTATE 
              PIPELINES.

    Section 7(c)(1) of the Natural Gas Act (15 U.S.C. 717f)(c)(1)) is 
amended--
            (1) in subparagraph (A)--
                    (A) in the first sentence, by striking ``or 
                operations: Provided, however, That if any such'' and 
                inserting the following: ``or operations.
                            ``(ii) Prior operations.--If any such''; 
                        and
                    (B) by adding at the end the following:
                            ``(iii) Projects that meet safety 
                        regulations.--With respect to any application 
                        for a certificate of public convenience and 
                        necessity under clause (i) for which the 
                        Commission determines that the project covered 
                        by the application meets all safety regulations 
                        in effect as of the date of the application, 
                        the Commission shall issue the certificate 
                        without requiring further proof that public 
                        convenience and necessity will be served by the 
                        project, and without further proceedings.'';
            (2) by striking ``(c)(1)(A) No natural-gas company'' and 
        inserting the following:
    ``(c) Certificates of Public Convenience and Necessity.--
            ``(1) Applications.--
                    ``(A) Requirement to apply for certificate.--
                            ``(i) In general.--No natural-gas 
                        company''; and
            (3) in subparagraph (B), by striking ``(B) In all other 
        cases the Commission'' and inserting the following:
                    ``(B) Hearings.--In all cases other than the cases 
                described in clauses (ii) and (iii) of subparagraph 
                (A), the Commission''.

SEC. 104. NATURAL GAS EXPORTS.

    (a) Findings.--Congress finds that--
            (1) increasing clean and safe natural gas exports will lead 
        to increased investment and development of domestic supplies of 
        natural gas that will contribute to job growth and economic 
        development; and
            (2) the export of clean and safe natural gas to other 
        nations is of vital national interest to the United States.
    (b) Natural Gas Exports.--Section 3(c) of the Natural Gas Act (15 
U.S.C. 717b(c)) is amended--
            (1) by inserting ``or any other nation not excluded by this 
        section'' after ``trade in natural gas'';
            (2) by inserting ``and in any event by not later than 60 
        days after the date on which the application is received'' 
        before the period at the end;
            (3) by striking ``(c) For purposes'' and inserting the 
        following:
    ``(c) Expedited Application and Approval Process.--
            ``(1) In general.--For purposes''; and
            (4) by adding at the end the following:
            ``(2) Exclusions.--
                    ``(A) In general.--Any nation subject to sanctions 
                or trade restrictions imposed by the United States is 
                excluded from expedited approval under paragraph (1).
                    ``(B) Designation by president or congress.--The 
                President or Congress may designate nations that may be 
                excluded from expedited approval under paragraph (1) 
                for reasons of national security.
            ``(3) Order not required.--No order is required under 
        subsection (a) to authorize the export or import of any natural 
        gas to or from Canada or Mexico.''.

SEC. 105. PENDING APPLICATIONS TO EXPORT NATURAL GAS.

    All applications to export natural gas from the United States to a 
foreign country submitted under section 3(a) of the Natural Gas Act (15 
U.S.C. 717b(a)) during the period beginning on January 1, 2020, and 
ending on January 1, 2025, are deemed approved.

SEC. 106. DOMESTIC ENVIRONMENTAL IMPACTS.

    (a) In General.--Section 102(2) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
            (1) in subparagraph (C)--
                    (A) in the matter preceding clause (i), by 
                inserting ``in the United States'' after ``human 
                environment'';
                    (B) in clause (i), by inserting ``in the United 
                States'' after ``proposed action''; and
                    (C) in clause (ii), by inserting ``in the United 
                States'' after ``environmental effects''; and
            (2) in subparagraph (F), by inserting ``in any proposal or 
        other major Federal action that involves the funding or 
        development of projects outside the United States or the 
        exclusive economic zone of the United States,'' before 
        ``recognize''.
    (b) Implementing Regulations.--Not later than 1 year after the date 
of enactment of this Act, the Council on Environmental Quality shall 
revise the implementing regulations of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) under subchapter A of 
chapter V of title 40, Code of Federal Regulations (or successor 
regulations), in accordance with the amendments made by subsection (a).

SEC. 107. NO PRESIDENTIAL PERMIT REQUIRED.

    No Presidential permit (or similar permit) required under Executive 
Order 13337 (3 U.S.C. 301 note; 69 Fed. Reg. 25299 (April 30, 2004)), 
Executive Order 11423 (3 U.S.C. 301 note; 33 Fed. Reg. 11741 (August 
16, 1968)), section 301 of title 3, United States Code, Executive Order 
12038 (43 Fed. Reg. 3674 (January 26, 1978)), Executive Order 10485 (18 
Fed. Reg. 5397 (September 9, 1953)), or any other Executive order shall 
be necessary for the construction, connection, operation, or 
maintenance of an oil or natural gas pipeline or electric transmission 
facility, or any cross-border segment thereof.

            TITLE II--UTILIZING AMERICA'S ONSHORE RESOURCES

SEC. 201. FINDING.

    Congress finds that regular and predictable leasing and permitting 
on Federal land is important to domestic energy production, which leads 
to robust competition and lower energy prices.

SEC. 202. ANNUAL OIL AND NATURAL GAS LEASE SALES.

    (a) Annual Lease Sales.--Notwithstanding any other provision of 
law, in accordance with the Mineral Leasing Act (30 U.S.C. 181 et 
seq.), beginning in fiscal year 2022, the Secretary shall conduct a 
minimum of 4 oil and natural gas lease sales annually in each of the 
following States:
            (1) Wyoming.
            (2) New Mexico.
            (3) Colorado.
            (4) Utah.
            (5) Montana.
            (6) North Dakota.
            (7) Oklahoma.
            (8) Nevada.
            (9) Alaska.
            (10) Any other State in which there is land available for 
        oil and natural gas leasing under that Act.
    (b) Requirement.--In conducting a lease sale under subsection (a) 
in a State described in that subsection, the Secretary shall offer all 
parcels eligible for oil and gas development under the resource 
management plan in effect for the State.
    (c) Replacement Sales.--If, for any reason, a lease sale under 
subsection (a) for a calendar year is canceled, delayed, or deferred, 
including for a lack of eligible parcels, the Secretary shall conduct a 
replacement sale during the same calendar year.

SEC. 203. PERMIT TO DRILL APPLICATION TIMELINE.

    Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is 
amended by striking paragraph (2) and inserting the following:
            ``(2) Applications for permits to drill reform and 
        process.--
                    ``(A) In general.--Not later than the end of the 
                30-day period beginning on the date an application for 
                a permit to drill is received by the Secretary, the 
                Secretary shall decide whether to issue the permit.
                    ``(B) Extension.--
                            ``(i) In general.--The Secretary may extend 
                        the period described in subparagraph (A) for up 
                        to 2 periods of 15 days each, if the Secretary 
                        has given written notice of the delay to the 
                        applicant.
                            ``(ii) Notice.--The notice shall--
                                    ``(I) be in the form of a letter 
                                from the Secretary or a designee of the 
                                Secretary; and
                                    ``(II) include--
                                            ``(aa) the names and titles 
                                        of the persons processing the 
                                        application;
                                            ``(bb) the specific reasons 
                                        for the delay; and
                                            ``(cc) a specific date a 
                                        final decision on the 
                                        application is expected.
                    ``(C) Notice of reasons for denial.--If the 
                application is denied, the Secretary shall provide the 
                applicant--
                            ``(i) a written statement that provides 
                        clear and comprehensive reasons why the 
                        application was not accepted and detailed 
                        information concerning any deficiencies; and
                            ``(ii) an opportunity to remedy any 
                        deficiencies.
                    ``(D) Application deemed approved.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), if the Secretary has not made a 
                        decision on the application by the end of the 
                        60-day period beginning on the date the 
                        application is received by the Secretary, the 
                        application shall be considered approved.
                            ``(ii) Exceptions.--Clause (i) shall not 
                        apply in cases in which existing reviews under 
                        the National Environmental Policy Act of 1969 
                        (42 U.S.C. 4321 et seq.) or Endangered Species 
                        Act of 1973 (16 U.S.C. 1531 et seq.) are 
                        incomplete.
                    ``(E) Denial of permit.--If the Secretary decides 
                not to issue a permit to drill under this paragraph, 
                the Secretary shall--
                            ``(i) provide to the applicant a 
                        description of the reasons for the denial of 
                        the permit;
                            ``(ii) allow the applicant to resubmit an 
                        application for a permit to drill during the 
                        10-day period beginning on the date the 
                        applicant receives the description of the 
                        denial from the Secretary; and
                            ``(iii) issue or deny any resubmitted 
                        application not later than 10 days after the 
                        date the application is submitted to the 
                        Secretary.
                    ``(F) Fee.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, the Secretary shall 
                        collect a single $6,500 permit processing fee 
                        per application from each applicant at the time 
                        the final decision is made whether to issue a 
                        permit under subparagraph (A).
                            ``(ii) Resubmitted application.--The fee 
                        required under clause (i) shall not apply to 
                        any resubmitted application.
                            ``(iii) Treatment of permit processing 
                        fee.--Subject to appropriation, of all fees 
                        collected under this paragraph for each fiscal 
                        year, 50 percent shall be--
                                    ``(I) transferred to the field 
                                office at which the fees are collected; 
                                and
                                    ``(II) used to process protests, 
                                leases, and permits under this Act.''.

SEC. 204. CONGRESSIONAL AUTHORITY REQUIREMENT.

    Notwithstanding any other provision of law, the Secretary may not 
declare a moratorium on the leasing of Federal land, including outer 
Continental Shelf land, for the drilling, mining, or collection of oil, 
gas, or coal, or for related activities, unless the moratorium is 
authorized by an Act of Congress.

SEC. 205. PROHIBITION ON MORATORIA OF NEW ENERGY LEASES ON CERTAIN 
              FEDERAL LAND AND ON WITHDRAWAL OF FEDERAL LAND FROM 
              ENERGY DEVELOPMENT.

    (a) Definitions.--In this section:
            (1) Critical mineral.--The term ``critical mineral'' has 
        the meaning given the term in section 7002(a) of the Energy Act 
        of 2020 (30 U.S.C. 1606(a)).
            (2) Federal land.--
                    (A) In general.--The term ``Federal land'' means--
                            (i) National Forest System land;
                            (ii) public lands (as defined in section 
                        103 of the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1702));
                            (iii) the outer Continental Shelf (as 
                        defined in section 2 of the Outer Continental 
                        Shelf Lands Act (43 U.S.C. 1331)); and
                            (iv) land managed by the Secretary of 
                        Energy.
                    (B) Inclusions.--The term ``Federal land'' includes 
                land described in clauses (i) through (iv) of 
                subparagraph (A) for which the rights to the surface 
                estate or subsurface estate are owned by a non-Federal 
                entity.
            (3) President.--The term ``President'' means the President 
        or any designee of the President, including--
                    (A) the Secretary of Agriculture;
                    (B) the Secretary of Energy; and
                    (C) the Secretary.
    (b) Prohibitions.--
            (1) In general.--Notwithstanding any other provision of 
        law, the President may not carry out any action that would 
        prohibit or substantially delay the issuance of any of the 
        following on Federal land, unless such an action has been 
        authorized by an Act of Congress:
                    (A) New oil and gas leases, drill permits, 
                approvals, or authorizations.
                    (B) New coal leases, permits, approvals, or 
                authorizations.
                    (C) New hardrock leases, permits, approvals, or 
                authorizations.
                    (D) New critical minerals leases, permits, 
                approvals, or authorizations.
            (2) Prohibition on withdrawal.--Notwithstanding any other 
        provision of law, the President may not withdraw any Federal 
        land from forms of entry, appropriation, or disposal under the 
        public land laws, location, entry, and patent under the mining 
        laws, or disposition under laws pertaining to mineral and 
        geothermal leasing or mineral materials unless the withdrawal 
        has been authorized by an Act of Congress.

               TITLE III--OUTER CONTINENTAL SHELF LEASING

SEC. 301. FINDING.

    Congress finds that regular and predictable leasing and permitting 
on the outer Continental Shelf is important to domestic energy 
production, which leads to robust competition and low energy prices.

SEC. 302. OFFSHORE LEASE SALES.

    (a) Offshore Lease Sales.--The Secretary shall conduct all lease 
sales described in the 2017-2022 Outer Continental Shelf Oil and Gas 
Leasing Proposed Final Program (November 2016) that have not been 
conducted as of the date of enactment of this Act by not later than 
December 31, 2022.
    (b) Central and Western Gulf of Mexico Region Annual Lease Sales.--
            (1) In general.--Notwithstanding any other provision of 
        law, if a final 2023-2027 oil and gas leasing program is not 
        approved under section 18(a) of the Outer Continental Shelf 
        Lands Act (43 U.S.C. 1344(a)) by July 1, 2022, the Secretary 
        shall conduct a minimum of 2 region-wide oil and natural gas 
        lease sales annually in the Gulf of Mexico Region of the outer 
        Continental Shelf, which shall include the following areas 
        described in the 2017-2022 Outer Continental Shelf Oil and Gas 
        Leasing Proposed Final Program (November 2016):
                    (A) The Central Gulf of Mexico Planning Area.
                    (B) The Western Gulf of Mexico Planning Area.
            (2) Timing.--The Secretary shall conduct the first lease 
        sales required under paragraph (1) in the first and third 
        quarters of calendar year 2023.
            (3) Inclusions.--Each lease sale required under paragraph 
        (1)--
                    (A) shall offer all unleased acres in the Central 
                Gulf of Mexico Planning Area and the Western Gulf of 
                Mexico Planning Area; and
                    (B) shall be subject to the same lease 
                stipulations, withdrawals, and moratoriums as were 
                included in Gulf of Mexico Outer Continental Shelf 
                Region-wide Oil and Gas Lease Sale 256 conducted on 
                November 18, 2020.
            (4) Continuation.--The Secretary shall conduct lease sales 
        annually under this subsection until the date on which a new 5-
        year oil and gas leasing program is approved and implemented 
        under section 18(a) of the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1344(a)).
    (c) Alaska Region Annual Lease Sales.--Notwithstanding any other 
provision of law, beginning in fiscal year 2022, the Secretary shall 
conduct a minimum of 2 region-wide oil and natural gas lease sales 
annually 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).

                      TITLE IV--ALTERNATIVE ENERGY

SEC. 401. GEOTHERMAL, SOLAR, AND WIND LEASING PRIORITY AREAS.

    (a) Designation of Geothermal, Solar, and Wind Leasing Priority 
Areas.--As soon as practicable, but not later than 1 year after the 
date of enactment of this Act, the Secretary, in consultation with the 
Secretary of Energy, shall designate--
            (1) 1 or more priority areas on Federal land for geothermal 
        energy leasing;
            (2) 1 or more priority areas on Federal land for solar 
        energy leasing; and
            (3) 1 or more priority areas on Federal land for wind 
        energy leasing.
    (b) Criteria for Selection.--In determining whether Federal land 
should be designated as a priority area for geothermal, solar, or wind 
energy leasing under subsection (a), the Secretary, in consultation 
with the Secretary of Energy, shall consider whether--
            (1) production of geothermal, solar, or wind energy on the 
        Federal land is economically viable, including whether the 
        Federal land has access to existing methods of energy 
        transmission; and
            (2) the designation would comply with section 202 of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1712), including subsection (c)(9) of that section.
    (c) Timeline for Leasing.--As soon as practicable, but not later 
than 1 year, after designating the priority areas under subsection (a), 
the Secretary shall conduct, as applicable, geothermal, solar, or wind 
lease sales for the priority areas.

SEC. 402. GEOTHERMAL PRODUCTION ON FEDERAL LANDS.

    The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is 
amended by adding at the end the following:

``SEC. 30. CATEGORICAL EXCLUSION FOR GEOTHERMAL EXPLORATION TEST 
              PROJECTS.

    ``(a) Requirement To Provide Notice.--Not later than 30 days before 
the date on which the holder of a lease issued under this Act intends 
to begin carrying out a project the leaseholder believes is a 
geothermal exploration test project, the leaseholder shall provide 
notice to the Secretary of the intent to carry out the geothermal 
exploration test project.
    ``(b) Review and Determination.--Not later than 10 days after 
receipt of a notice of intent from a leaseholder under subsection (a), 
the Secretary shall, with respect to the project described in the 
notice of intent--
            ``(1)(A) determine whether the project is a geothermal 
        exploration test project; and
            ``(B) if so, determine whether the geothermal exploration 
        test project qualifies for a categorical exclusion in 
        accordance with subsection (c); and
            ``(2) notify the leaseholder of the determinations under 
        paragraph (1).
    ``(c) Categorical Exclusion.--Unless extraordinary circumstances 
exist, as determined by the Secretary, a project that the Secretary 
determines is a geothermal exploration test project under subsection 
(b)(1)(A) shall be categorically excluded from the requirements for an 
environmental assessment or an environmental impact statement under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    ``(d) Opportunity To Remedy.--If the Secretary determines under 
subsection (b)(1)(A) that a project is not a geothermal exploration 
test project or under subsection (b)(1)(B) that a geothermal 
exploration test project does not qualify for a categorical exclusion 
because extraordinary circumstances exist, the Secretary shall--
            ``(1) include in the notice under subsection (b)(2) clear 
        and detailed findings on any deficiencies in the project that 
        resulted in the determination; and
            ``(2) allow the leaseholder to remedy any such deficiencies 
        and resubmit the notice of intent under subsection (a).''.

SEC. 403. ALTERNATIVE ENERGY AND MINERALS WITH RESPECT TO TERRITORIES 
              OF THE UNITED STATES.

    Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) 
is amended--
            (1) in subsection (a)--
                    (A) by striking ``lying seaward'' and inserting the 
                following: ``lying--
            ``(1) seaward'';
                    (B) in paragraph (1) (as so designated), by adding 
                ``or'' after the semicolon at the end; and
                    (C) by adding at the end the following:
            ``(2) within the exclusive economic zone of the United 
        States adjacent to any territory or possession (other than an 
        area conveyed by Congress to a territorial government for 
        administration);'';
            (2) in subsection (p), by striking ``and'' after the 
        semicolon at the end;
            (3) in subsection (q), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
    ``(r) The term `State' means--
            ``(1) each of the several States; and
            ``(2) each territory or possession; and
    ``(s) The term `territory or possession' means--
            ``(1) the Commonwealth of Puerto Rico;
            ``(2) Guam;
            ``(3) American Samoa;
            ``(4) the United States Virgin Islands; and
            ``(5) the Commonwealth of the Northern Mariana Islands.''.

SEC. 404. HARDROCK MINERAL LICENSING.

    The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is 
amended by adding at the end the following:

``SEC. 33. HARDROCK MINERAL LICENSING.

    ``(a) In General.--The Secretary may grant noncompetitive licenses 
for the exploration and mining of hardrock minerals on the outer 
Continental Shelf.
    ``(b) Royalty Rate.--The royalty rate for hardrock minerals 
extracted pursuant to a license under subsection (a) shall be a royalty 
rate determined by the Secretary through regulations issued not more 
than 2 years after the date of enactment of the Energy Freedom Act, 
which may include a royalty rate of 0 percent if the Secretary finds 
that such a royalty rate is necessary to ensure competition.''.

                 TITLE V--STOPPING EXECUTIVE OVERREACH

SEC. 501. FINDING.

    Congress finds that frequent change to major energy regulations 
have a detrimental effect on investment in, and development of, 
domestic energy production, which reduces competition and raises energy 
prices.

SEC. 502. NAVIGABLE WATERS PROTECTION RULE.

    (a) Reinstatement.--The final rule of the Corps of Engineers and 
the Environmental Protection Agency entitled ``The Navigable Waters 
Protection Rule: Definition of `Waters of the United States''' (85 Fed. 
Reg. 22250 (April 21, 2020)) is hereby reinstated, and each of its 
provisions shall apply unless and until the effective date of a 
subsequent final rule promulgated, subject to subsection (b), under 
applicable authority that replaces or repeals that provision.
    (b) Modification Prohibited.--The Secretary of the Army and the 
Administrator of the Environmental Protection Agency may not modify the 
final rule described in subsection (a) during the 15-year period that 
begins on the date of enactment of this Act.

SEC. 503. METHANE RULE.

    (a) Reinstatement.--Notwithstanding Public Law 117-23 (135 Stat. 
295), the final rule of the Environmental Protection Agency entitled 
``Oil and Natural Gas Sector: Emission Standards for New, 
Reconstructed, and Modified Sources Review'' (85 Fed. Reg. 57018 
(September 14, 2020)) is hereby reinstated, and each of its provisions 
shall apply unless and until the effective date of a subsequent final 
rule promulgated, subject to subsection (b), under applicable authority 
that replaces or repeals that provision.
    (b) Modification Prohibited.--The Administrator of the 
Environmental Protection Agency may not modify the final rule described 
in subsection (a) during the 15-year period that begins on the date of 
enactment of this Act.

SEC. 504. ONRR 2020 VALUATION REFORM AND CIVIL PENALTY RULE.

    (a) Reinstatement.--The final rule of the Office of Natural 
Resources Revenue of the Department of the Interior entitled ``ONRR 
2020 Valuation Reform and Civil Penalty Rule'' (86 Fed. Reg. 4612 
(January 15, 2021)) is hereby reinstated, and each of its provisions 
shall apply unless and until the effective date of a subsequent final 
rule promulgated, subject to subsection (b), under applicable authority 
that replaces or repeals that provision.
    (b) Modification Prohibited.--The Secretary and the Director of the 
Office of Natural Resources Revenue may not modify the final rule 
described in subsection (a) during the 15-year period that begins on 
the date of enactment of this Act.

SEC. 505. NEPA RULE.

    (a) Reinstatement.--The final rule of the Council on Environmental 
Quality entitled ``Update to the Regulations Implementing the 
Procedural Provisions of the National Environmental Policy Act'' (85 
Fed. Reg. 43304 (July 16, 2020)) is hereby reinstated, and each of its 
provisions shall apply unless and until the effective date of a 
subsequent final rule promulgated, subject to subsection (b), under 
applicable authority that replaces or repeals that provision.
    (b) Updates to Implementing Regulations.--Not later than 60 days 
after the date of enactment of this Act, the Council on Environmental 
Quality shall revise the implementing regulations of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under 
subchapter A of chapter V of title 40, Code of Federal Regulations (or 
successor regulations), in accordance with the final rule described in 
subsection (a).
    (c) Prohibition.--The Council on Environmental Quality may not 
modify the final rule described in subsection (a) during the 15-year 
period that begins on the date of enactment of this Act.

SEC. 506. NATIONWIDE PERMIT 12.

    Notwithstanding any other provision of law, the Secretary of the 
Army may not modify nationwide permit 12, as described in the final 
rule of the Secretary of the Army entitled ``Reissuance and 
Modification of Nationwide Permits'' (86 Fed. Reg. 2744 (January 13, 
2021)), during the 15-year period that begins on the date of enactment 
of this Act.
                                 <all>