[Congressional Record Volume 168, Number 38 (Wednesday, March 2, 2022)]
[Senate]
[Pages S956-S957]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4964. Mrs. CAPITO submitted an amendment intended to be proposed 
by her to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

          TITLE IV--REFORMS TO PROMOTE MORE AFFORDABLE ENERGY

     SEC. 401. LIMITING NEW RED TAPE AND COSTS FOR GASOLINE AND 
                   OTHER FUELS.

       (a) Prohibition of New Methane Regulations on Existing Oil 
     and Gas Sources.--The Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     ``Administrator'') shall not finalize any regulation relating 
     to methane emissions for existing oil and gas sources under 
     section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)).
       (b) Waiver of Low Volatility Gasoline Requirements.--In 
     accordance with section 211(c)(4)(C)(ii) of the Clean Air Act 
     (42 U.S.C. 7545(c)(4)(C)(ii)), the Administrator shall 
     temporarily waive low volatility gasoline requirements for 
     any gasoline sold in the United States on or after the date 
     of enactment of this Act until the average price of gasoline 
     sold in the United States decreases to the average price of 
     gasoline sold on January 1, 2021, as determined using data 
     from the Energy Information Administration.
       (c) Preemption of State Low-carbon Fuel Standards.--Any 
     low-carbon fuel standard implemented by any State, including 
     any State-based program that regulates transportation fuels 
     on carbon intensity for the purpose of reducing greenhouse 
     gas emissions, is preempted by the Renewable Fuel Program 
     under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) 
     for the purpose of better aligning the gasoline supply in the 
     United States.
       (d) Point of Order Against Legislation That Increases 
     Gasoline or Natural Gas Prices by Imposing Charge, Fee, or 
     Tax on Methane Emissions From the Oil and Gas Sector.--
       (1) Point of order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that 
     increases the price of gasoline or natural gas in the United 
     States through the imposition of a charge, fee, or tax on 
     methane emissions from the oil and gas sector.
       (2) Waiver and appeal.--Paragraph (1) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a point of order raised under 
     paragraph (1).
       (e) Prohibition on Use of Social Cost of Greenhouse Gas 
     Estimates Raising Gasoline Prices.--
       (1) In general.--In promulgating regulations, issuing 
     guidance, or taking any agency action (as defined in section 
     551 of title 5, United States Code) relating to the social 
     cost of greenhouse gases, no Federal agency shall adopt or 
     otherwise use any estimates for the social cost of greenhouse 
     gases that may raise gasoline prices, as determined through a 
     review by the Energy Information Administration.
       (2) Inclusion.--The estimates referred to in paragraph (1) 
     include the interim estimates in the document of the 
     Interagency Working Group on the Social Cost of Greenhouse 
     Gases entitled ``Technical Support Document: Social Cost of 
     Carbon, Methane, and Nitrous Oxide Interim Estimates under 
     Executive Order 13990'' and dated February 2021.

     SEC. 402. EXPEDITING PERMITTING AND REVIEW PROCESSES.

       (a) Definitions.--In this section:
       (1) Authorization.--The term ``authorization'' means any 
     license, permit, approval, finding, determination, or other 
     administrative decision issued by a Federal department or 
     agency that is required or authorized under Federal law in 
     order to site, construct, reconstruct, or commence operations 
     of an energy project, including any authorization described 
     in section 41001(3) of the FAST Act (42 U.S.C. 4370m(3)).
       (2) Energy project.--The term ``energy project'' means any 
     project involving the exploration, development, production, 
     transportation, combustion, transmission, or distribution of 
     an energy resource or electricity for which--
       (A) an authorization is required under a Federal law other 
     than the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321 et seq.); and
       (B)(i) the head of the lead agency has determined that an 
     environmental impact statement is required; or
       (ii) the head of the lead agency has determined that an 
     environmental assessment is required, and the project sponsor 
     requests that the project be treated as an energy project.
       (3) Environmental impact statement.--The term 
     ``environmental impact statement'' means the detailed 
     statement of environmental impacts required to be prepared 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (4) Environmental review and authorization process.--The 
     term ``environmental review and authorization process'' 
     means--
       (A) the process for preparing for an energy project an 
     environmental impact statement, environmental assessment, 
     categorical exclusion, or other document prepared under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.); and
       (B) the completion of any authorization decision required 
     for an energy project under any Federal law other than the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (5) Lead agency.--The term ``lead agency'' means--
       (A) the Department of Energy;
       (B) the Department of the Interior;
       (C) the Department of Agriculture;
       (D) the Federal Energy Regulatory Commission;
       (E) the Nuclear Regulatory Commission; or
       (F) any other appropriate Federal agency, as applicable, 
     that may be responsible for navigating the energy project 
     through the environmental review and authorization process.
       (6) Project sponsor.--The term ``project sponsor'' means an 
     agency or other entity, including any private or public-
     private entity, that seeks approval from a lead agency for an 
     energy project.
       (b) Timely Authorizations for Energy Projects.--
       (1) In general.--
       (A) Deadline.--Except as provided in subparagraph (C), all 
     authorization decisions necessary for the construction of an 
     energy project shall be completed by not later than 90 days 
     after the date of the issuance of a record of decision for 
     the energy project by the lead agency.
       (B) Detail.--The final environmental impact statement for 
     an energy project shall include an adequate level of detail 
     to inform decisions necessary for the role of any Federal 
     agency involved in the environmental review and authorization 
     process for the energy project.
       (C) Extension of deadline.--The head of a lead agency may 
     extend the deadline under subparagraph (A) if--
       (i) Federal law prohibits the lead agency or another agency 
     from issuing an approval or permit within the period 
     described in that subparagraph;
       (ii) the project sponsor requests that the permit or 
     approval follow a different timeline; or
       (iii) an extension would facilitate completion of the 
     environmental review and authorization process of the energy 
     project.
       (2) Energy project schedule.--To the maximum extent 
     practicable and consistent with applicable Federal law, for 
     an energy project, the lead agency shall develop, in 
     concurrence with the project sponsor, a schedule for the 
     energy project that is consistent with a time period of not 
     more than 2 years for the completion of the environmental 
     review and authorization process for an energy project, as 
     measured from, as applicable--
       (A) the date of publication of a notice of intent to 
     prepare an environmental impact statement to the record of 
     decision; or
       (B) the date on which the head of the lead agency 
     determines that an environmental assessment is required to a 
     finding of no significant impact.
       (3) Length of environmental impact statement.--
       (A) In general.--Notwithstanding any other provision of law 
     and except as provided in subparagraph (B), to the maximum 
     extent practicable, the text of the items described in 
     paragraphs (4) through (6) of section 1502.10(a) of title 40, 
     Code of Federal Regulations (or successor regulations), of an 
     environmental impact statement for an energy project shall be 
     200 pages or fewer.
       (B) Exemption.--The text referred to in subparagraph (A) of 
     an environmental impact statement for an energy project may 
     exceed 200 pages if the lead agency establishes a new page 
     limit for the environmental impact statement for that energy 
     project.
       (c) Deadline for Filing Energy-related Causes of Action.--
       (1) Definitions.--In this subsection:
       (A) Agency action.--The term ``agency action'' has the 
     meaning given the term in section 551 of title 5, United 
     States Code.
       (B) Energy-related cause of action.--The term ``energy-
     related cause of action'' means a cause of action that--
       (i) is filed on or after the date of enactment of this Act; 
     and
       (ii) seeks judicial review of a final agency action to 
     issue a permit, license, or other

[[Page S957]]

     form of agency permission for an energy project.
       (2) Deadline for filing.--
       (A) In general.--Notwithstanding any other provision of 
     Federal law, an energy-related cause of action shall be filed 
     by--
       (i) not later than 60 days after the date of publication of 
     the applicable final agency action; or
       (ii) if another Federal law provides for an earlier 
     deadline than the deadline described in clause (i), the 
     earlier deadline.
       (B) Prohibition.--An energy-related cause of action that is 
     not filed within the applicable time period described in 
     subparagraph (A) shall be barred.
       (d) Application of Categorical Exclusions for Energy 
     Projects.--In carrying out requirements under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
     an energy project, a Federal agency may use categorical 
     exclusions designated under that Act in the implementing 
     regulations of any other agency, subject to the conditions 
     that--
       (1) the agency makes a determination, in consultation with 
     the lead agency, that the categorical exclusion applies to 
     the energy project;
       (2) the energy project satisfies the conditions for a 
     categorical exclusion under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.); and
       (3) the use of the categorical exclusion does not otherwise 
     conflict with the implementing regulations of the agency, 
     except any list of the agency that designates categorical 
     exclusions.

     SEC. 403. PROVIDING REGULATORY CERTAINTY.

       (a) Waters of the United States.--The definitions of the 
     term ``waters of the United States'' and the other terms 
     defined in section 328.3 of title 33, Code of Federal 
     Regulations (as in effect on January 1, 2021), are enacted 
     into law.
       (b) Codification of Section 401 Certification Rule.--The 
     final rule of the Environmental Protection Agency entitled 
     ``Clean Water Act Section 401 Certification Rule'' (85 Fed. 
     Reg. 42210 (July 13, 2020)) is enacted into law.
       (c) Codification of Nationwide Permits.--The Nationwide 
     Permits issued, reissued, or modified, as applicable, in the 
     following final rules of the Corps of Engineers are enacted 
     into law:
       (1) The final rule of the Corps of Engineers entitled 
     ``Reissuance and Modification of Nationwide Permits'' (86 
     Fed. Reg. 2744 (January 13, 2021)).
       (2) The final rule of the Corps of Engineers entitled 
     ``Reissuance and Modification of Nationwide Permits'' (86 
     Fed. Reg. 73522 (December 27, 2021)).
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