[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1335 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1335
To restart onshore and offshore oil, gas, and coal leasing, streamline
permitting for energy infrastructure, ensure transparency in energy
development on Federal lands, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 3, 2023
Mr. Westerman (for himself, Mr. Graves of Louisiana, and Mr. Stauber)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committees on Agriculture,
and the Budget, 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 restart onshore and offshore oil, gas, and coal leasing, streamline
permitting for energy infrastructure, ensure transparency in energy
development on Federal lands, 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 ``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 Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ONSHORE AND OFFSHORE LEASING AND OVERSIGHT
Sec. 101. Onshore oil and gas leasing.
Sec. 102. Lease reinstatement.
Sec. 103. Protested lease sales.
Sec. 104. Suspension of operations.
Sec. 105. Administrative protest process reform.
Sec. 106. Leasing and permitting transparency.
Sec. 107. Offshore oil and gas leasing.
Sec. 108. Five-year plan for offshore oil and gas leasing.
Sec. 109. Geothermal leasing.
Sec. 110. Leasing for certain qualified coal applications.
Sec. 111. Future coal leasing.
Sec. 112. Staff planning report.
TITLE II--PERMITTING STREAMLINING
Sec. 201. Definitions.
Sec. 202. BUILDER Act.
Sec. 203. Codification of National Environmental Policy Act
regulations.
Sec. 204. Non-major Federal actions.
Sec. 205. No net loss determination for existing rights-of-way.
Sec. 206. Determination of National Environmental Policy Act adequacy.
Sec. 207. Determination regarding rights-of-way.
Sec. 208. Terms of rights-of-way.
Sec. 209. Funding to process permits and develop information
technology.
Sec. 210. Offshore geological and geophysical survey licensing.
Sec. 211. Deferral of applications for permits to drill.
Sec. 212. Processing and terms of applications for permits to drill.
Sec. 213. Amendments to the Energy Policy Act of 2005.
Sec. 214. Access to Federal energy resources from non-Federal surface
estate.
Sec. 215. Scope of environmental reviews for oil and gas leases.
Sec. 216. Expediting approval of gathering lines.
Sec. 217. Lease sale litigation.
Sec. 218. Limitation on claims.
Sec. 219. Government Accountability Office report on permits to drill.
TITLE III--PERMITTING FOR MINING NEEDS
Sec. 301. Definitions.
Sec. 302. Minerals supply chain and reliability.
Sec. 303. Federal register process improvement.
Sec. 304. Designation of mining as a covered sector for Federal
permitting improvement purposes.
Sec. 305. Treatment of actions under presidential determination 2022-11
for Federal permitting improvement
purposes.
Sec. 306. Notice for mineral exploration activities with limited
surface disturbance.
Sec. 307. Use of mining claims for ancillary activities.
Sec. 308. Ensuring consideration of uranium as a critical mineral.
TITLE IV--FEDERAL LAND USE PLANNING
Sec. 401. Federal land use planning and withdrawals.
Sec. 402. Prohibitions on delay of mineral development of certain
Federal land.
Sec. 403. Definitions.
TITLE V--ENSURING COMPETITIVENESS ON FEDERAL LANDS
Sec. 501. Incentivizing domestic production.
TITLE VI--ENERGY REVENUE SHARING
Sec. 601. Gulf of Mexico Outer Continental Shelf revenue.
Sec. 602. Parity in offshore wind revenue sharing.
Sec. 603. Elimination of administrative fee under the Mineral Leasing
Act.
TITLE I--ONSHORE AND OFFSHORE LEASING AND OVERSIGHT
SEC. 101. 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. 102. 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. 103. 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. 104. 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. 105. 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, 2022,
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. 106. 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 to 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 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. 107. 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. 108. 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. 109. 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. 110. 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. 111. 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. 112. 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 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.
TITLE II--PERMITTING STREAMLINING
SEC. 201. 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. 202. 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 a Federal agency or by
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. 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. 203. 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. 204. 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. 205. 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. 206. 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. 207. 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. 208. 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. 209. 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.
SEC. 210. 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. 211. 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. 212. 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. 213. 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. 214. 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. 215. 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. 216. 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. 217. 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. 218. 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. 219. 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).
TITLE III--PERMITTING FOR MINING NEEDS
SEC. 301. 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. 302. 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 301 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 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. 303. 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. 304. 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. 305. 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) 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. 306. 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. 307. 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. 308. 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.
TITLE IV--FEDERAL LAND USE PLANNING
SEC. 401. 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, and the Historic Preservation 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. 402. 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. 403. 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. 501. 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 ten 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 royality 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 paragraphs (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. 601. 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).
(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. 602. 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.
``(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.''.
(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 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. 603. 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.
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