[Congressional Record Volume 169, Number 95 (Thursday, June 1, 2023)]
[Senate]
[Pages S1935-S1955]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 129. Mr. BUDD submitted an amendment intended to be proposed by
him to the bill H.R. 3746, to provide for a responsible increase to the
debt ceiling; which was ordered to lie on the table; as follows:
Strike title III of division C and insert the following:
TITLE III--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS,
INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING
SEC. 321. SECURING AMERICA'S CRITICAL MINERALS SUPPLY.
(a) Amendment to the Department of Energy Organization
Act.--The Department of Energy Organization Act (42 U.S.C.
7101 et seq.) is amended--
(1) in section 2, by adding at the end the following:
``(d) As used in sections 102(20) and 203(a)(12), the term
`critical energy resource' means any energy resource--
``(1) that is essential to the energy sector and energy
systems of the United States; and
``(2) the supply chain of which is vulnerable to
disruption.'';
(2) in section 102, by adding at the end the following:
``(20) To ensure there is an adequate and reliable supply
of critical energy resources that are essential to the energy
security of the United States.''; and
(3) in section 203(a), by adding at the end the following:
``(12) Functions that relate to securing the supply of
critical energy resources, including identifying and
mitigating the effects of a disruption of such supply on--
``(A) the development and use of energy technologies; and
``(B) the operation of energy systems.''.
(b) Securing Critical Energy Resource Supply Chains.--
(1) In general.--In carrying out the requirements of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), the Secretary of Energy, in consultation with the
appropriate Federal agencies, representatives of the energy
sector, States, and other stakeholders, shall--
(A) conduct ongoing assessments of--
(i) energy resource criticality based on the importance of
critical energy resources to the development of energy
technologies and the supply of energy;
(ii) the critical energy resource supply chain of the
United States;
(iii) the vulnerability of such supply chain; and
(iv) how the energy security of the United States is
affected by the reliance of the United States on importation
of critical energy resources;
(B) facilitate development of strategies to strengthen
critical energy resource supply chains in the United States,
including by--
(i) diversifying the sources of the supply of critical
energy resources; and
(ii) increasing domestic production, separation, and
processing of critical energy resources;
(C) develop substitutes and alternatives to critical energy
resources; and
(D) improve technology that reuses and recycles critical
energy resources.
(2) Report.--Not later than 1 year after the date of
enactment of this title, and annually thereafter, the
Secretary of Energy shall submit to Congress a report
containing--
(A) the results of the ongoing assessments conducted under
paragraph (1)(A);
(B) a description of any actions taken pursuant to the
Department of Energy Organization Act to mitigate potential
effects of critical energy resource supply chain disruptions
on energy technologies or the operation of energy systems;
and
(C) any recommendations relating to strengthening critical
energy resource supply chains that are essential to the
energy security of the United States.
(3) Critical energy resource defined.--In this section, the
term ``critical energy resource'' has the meaning given such
term in section 2 of the Department of Energy Organization
Act (42 U.S.C. 7101).
SEC. 322. PROTECTING AMERICAN ENERGY PRODUCTION.
(a) Sense of Congress.--It is the sense of Congress that
States should maintain primacy for the regulation of
hydraulic fracturing for oil and natural gas production on
State and private lands.
(b) Prohibition on Declaration of a Moratorium on Hydraulic
Fracturing.--Notwithstanding any other provision of law, the
President may not declare a moratorium on the use of
hydraulic fracturing unless such
[[Page S1936]]
moratorium is authorized by an Act of Congress.
SEC. 323. RESEARCHING EFFICIENT FEDERAL IMPROVEMENTS FOR
NECESSARY ENERGY REFINING.
Not later than 90 days after the date of enactment of this
section, the Secretary of Energy shall direct the National
Petroleum Council to--
(1) submit to the Secretary of Energy and Congress a report
containing--
(A) an examination of the role of petrochemical refineries
located in the United States and the contributions of such
petrochemical refineries to the energy security of the United
States, including the reliability of supply in the United
States of liquid fuels and feedstocks, and the affordability
of liquid fuels for consumers in the United States;
(B) analyses and projections with respect to--
(i) the capacity of petrochemical refineries located in the
United States;
(ii) opportunities for expanding such capacity; and
(iii) the risks to petrochemical refineries located in the
United States;
(C) an assessment of any Federal or State executive
actions, regulations, or policies that have caused or
contributed to a decline in the capacity of petrochemical
refineries located in the United States; and
(D) any recommendations for Federal agencies and Congress
to encourage an increase in the capacity of petrochemical
refineries located in the United States; and
(2) make publicly available the report submitted under
paragraph (1).
SEC. 324. PROMOTING CROSS-BORDER ENERGY INFRASTRUCTURE.
(a) Authorization of Certain Energy Infrastructure Projects
at an International Boundary of the United States.--
(1) Authorization.--Except as provided in paragraph (3) and
subsection (d), no person may construct, connect, operate, or
maintain a border-crossing facility for the import or export
of oil or natural gas, or the transmission of electricity,
across an international border of the United States without
obtaining a certificate of crossing for the border-crossing
facility under this subsection.
(2) Certificate of crossing.--
(A) Requirement.--Not later than 120 days after final
action is taken, by the relevant official or agency
identified under subparagraph (B), under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
with respect to a border-crossing facility for which a person
requests a certificate of crossing under this subsection, the
relevant official or agency, in consultation with appropriate
Federal agencies, shall issue a certificate of crossing for
the border-crossing facility unless the relevant official or
agency finds that the construction, connection, operation, or
maintenance of the border-crossing facility is not in the
public interest of the United States.
(B) Relevant official or agency.--The relevant official or
agency referred to in subparagraph (A) is--
(i) the Federal Energy Regulatory Commission with respect
to border-crossing facilities consisting of oil or natural
gas pipelines; and
(ii) the Secretary of Energy with respect to border-
crossing facilities consisting of electric transmission
facilities.
(C) Additional requirement for electric transmission
facilities.--In the case of a request for a certificate of
crossing for a border-crossing facility consisting of an
electric transmission facility, the Secretary of Energy shall
require, as a condition of issuing the certificate of
crossing under subparagraph (A), that the border-crossing
facility be constructed, connected, operated, or maintained
consistent with all applicable policies and standards of--
(i) the Electric Reliability Organization and the
applicable regional entity; and
(ii) any Regional Transmission Organization or Independent
System Operator with operational or functional control over
the border-crossing facility.
(3) Exclusions.--This subsection shall not apply to any
construction, connection, operation, or maintenance of a
border-crossing facility for the import or export of oil or
natural gas, or the transmission of electricity--
(A) if the border-crossing facility is operating for such
import, export, or transmission as of the date of enactment
of this section;
(B) if a Presidential permit (or similar permit) for the
construction, connection, operation, or maintenance has been
issued pursuant to any provision of law or Executive order;
or
(C) if an application for a Presidential permit (or similar
permit) for the construction, connection, operation, or
maintenance is pending on the date of enactment of this
section, until the earlier of--
(i) the date on which such application is denied; or
(ii) two years after the date of enactment of this section,
if such a permit has not been issued by such date of
enactment.
(4) Effect of other laws.--
(A) Application to projects.--Nothing in this subsection or
subsection (d) shall affect the application of any other
Federal statute to a project for which a certificate of
crossing for a border-crossing facility is requested under
this subsection.
(B) Natural gas act.--Nothing in this subsection or
subsection (d) shall affect the requirement to obtain
approval or authorization under sections 3 and 7 of the
Natural Gas Act for the siting, construction, or operation of
any facility to import or export natural gas.
(C) Oil pipelines.--Nothing in this subsection or
subsection (d) shall affect the authority of the Federal
Energy Regulatory Commission with respect to oil pipelines
under section 60502 of title 49, United States Code.
(b) Transmission of Electric Energy to Canada and Mexico.--
(1) Repeal of requirement to secure order.--Section 202(e)
of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(2) Conforming amendments.--
(A) State regulations.--Section 202(f) of the Federal Power
Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as
such State regulation does not conflict with the exercise of
the Commission's powers under or relating to subsection
202(e)''.
(B) Seasonal diversity electricity exchange.--Section
602(b) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-4(b)) is amended by striking ``the Commission
has conducted hearings and made the findings required under
section 202(e) of the Federal Power Act'' and all that
follows through the period at the end and inserting ``the
Secretary has conducted hearings and finds that the proposed
transmission facilities would not impair the sufficiency of
electric supply within the United States or would not impede
or tend to impede the coordination in the public interest of
facilities subject to the jurisdiction of the Secretary.''.
(c) No Presidential Permit Required.--No Presidential
permit (or similar permit) shall be required pursuant to any
provision of law or Executive order for the construction,
connection, operation, or maintenance of an oil or natural
gas pipeline or electric transmission facility, or any
border-crossing facility thereof.
(d) Modifications to Existing Projects.--No certificate of
crossing under subsection (a), or Presidential permit (or
similar permit), shall be required for a modification to--
(1) an oil or natural gas pipeline or electric transmission
facility that is operating for the import or export of oil or
natural gas or the transmission of electricity as of the date
of enactment of this section;
(2) an oil or natural gas pipeline or electric transmission
facility for which a Presidential permit (or similar permit)
has been issued pursuant to any provision of law or Executive
order; or
(3) a border-crossing facility for which a certificate of
crossing has previously been issued under subsection (a).
(e) Prohibition on Revocation of Presidential Permits.--
Notwithstanding any other provision of law, the President may
not revoke a Presidential permit (or similar permit) issued
pursuant to Executive Order No. 13337 (3 U.S.C. 301 note),
Executive Order No. 11423 (3 U.S.C. 301 note), Executive
Order No. 12038 (43 Fed. Reg. 4957), Executive Order No.
10485 (18 Fed. Reg. 5397), or any other Executive order for
the construction, connection, operation, or maintenance of an
oil or natural gas pipeline or electric transmission
facility, or any border-crossing facility thereof, unless
such revocation is authorized by an Act of Congress.
(f) Effective Date; Rulemaking Deadlines.--
(1) Effective date.--Subsections (a) through (d), and the
amendments made by such subsections, shall take effect on the
date that is 1 year after the date of enactment of this
section.
(2) Rulemaking deadlines.--Each relevant official or agency
described in subsection (a)(2)(B) shall--
(A) not later than 180 days after the date of enactment of
this section, publish in the Federal Register notice of a
proposed rulemaking to carry out the applicable requirements
of subsection (a); and
(B) not later than 1 year after the date of enactment of
this section, publish in the Federal Register a final rule to
carry out the applicable requirements of subsection (a).
(g) Definitions.--In this section:
(1) Border-crossing facility.--The term ``border-crossing
facility'' means the portion of an oil or natural gas
pipeline or electric transmission facility that is located at
an international boundary of the United States.
(2) Modification.--The term ``modification'' includes a
reversal of flow direction, change in ownership, change in
flow volume, addition or removal of an interconnection, or an
adjustment to maintain flow (such as a reduction or increase
in the number of pump or compressor stations).
(3) Natural gas.--The term ``natural gas'' has the meaning
given that term in section 2 of the Natural Gas Act (15
U.S.C. 717a).
(4) Oil.--The term ``oil'' means petroleum or a petroleum
product.
(5) Electric reliability organization; regional entity.--
The terms ``Electric Reliability Organization'' and
``regional entity'' have the meanings given those terms in
section 215 of the Federal Power Act (16 U.S.C. 824o).
(6) Independent system operator; regional transmission
organization.--The terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings
given those terms in section 3 of the Federal Power Act (16
U.S.C. 796).
[[Page S1937]]
SEC. 325. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE
REVOCATION OF THE PRESIDENTIAL PERMIT FOR THE
KEYSTONE XL PIPELINE.
(a) Findings.--Congress finds the following:
(1) On March 29, 2019, TransCanada Keystone Pipeline, L.P.,
was granted a Presidential permit to construct, connect,
operate, and maintain the Keystone XL pipeline.
(2) On January 20, 2021, President Biden issued Executive
Order No. 13990 (86 Fed. Reg. 7037) that revoked the March
2019 Presidential permit for the Keystone XL.
(b) Sense of Congress.--It is the sense of Congress that
Congress disapproves of the revocation by President Biden of
the Presidential permit for the Keystone XL pipeline.
SEC. 326. SENSE OF CONGRESS OPPOSING RESTRICTIONS ON THE
EXPORT OF CRUDE OIL OR OTHER PETROLEUM
PRODUCTS.
(a) Findings.--Congress finds the following:
(1) The United States has enjoyed a renaissance in energy
production, with the expansion of domestic crude oil and
other petroleum product production contributing to enhanced
energy security and significant economic benefits to the
national economy.
(2) In 2015, Congress recognized the need to adapt to
changing crude oil market conditions and repealed all
restrictions on the export of crude oil on a bipartisan
basis.
(3) Section 101 of title I of division O of the
Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a)
established the national policy on oil export restriction,
prohibiting any official of the Federal Government from
imposing or enforcing any restrictions on the export of crude
oil with limited exceptions, including a savings clause
maintaining the authority to prohibit exports under any
provision of law that imposes sanctions on a foreign person
or foreign government (including any provision of law that
prohibits or restricts United States persons from engaging in
a transaction with a sanctioned person or government),
including a foreign government that is designated as a state
sponsor of terrorism.
(4) Lifting the restrictions on crude oil exports
encouraged additional domestic energy production, created
American jobs and economic development, and allowed the
United States to emerge as the leading oil producer in the
world.
(5) In 2019, the United States became a net exporter of
petroleum products for the first time since 1952, and the
reliance of the United States on foreign imports of petroleum
products has declined to historic lows.
(6) Free trade, open markets, and competition have
contributed to the rise of the United States as a global
energy superpower.
(b) Sense of Congress.--It is the sense of Congress that
the Federal Government should not impose--
(1) overly restrictive regulations on the exploration,
production, or marketing of energy resources; or
(2) any restrictions on the export of crude oil or other
petroleum products under the Energy Policy and Conservation
Act (42 U.S.C. 6201 et seq.), except with respect to the
export of crude oil or other petroleum products to a foreign
person or foreign government subject to sanctions under any
provision of United States law, including to a country the
government of which is designated as a state sponsor of
terrorism.
SEC. 327. UNLOCKING OUR DOMESTIC LNG POTENTIAL.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is
amended--
(1) by striking subsections (a) through (c);
(2) by redesignating subsections (e) and (f) as subsections
(a) and (b), respectively;
(3) by redesignating subsection (d) as subsection (c), and
moving such subsection after subsection (b), as so
redesignated;
(4) in subsection (a), as so redesignated, by amending
paragraph (1) to read as follows: ``(1) The Federal Energy
Regulatory Commission (in this subsection referred to as the
`Commission') shall have the exclusive authority to approve
or deny an application for authorization for the siting,
construction, expansion, or operation of a facility to export
natural gas from the United States to a foreign country or
import natural gas from a foreign country, including an LNG
terminal. In determining whether to approve or deny an
application under this paragraph, the Commission shall deem
the exportation or importation of natural gas to be
consistent with the public interest. Except as specifically
provided in this Act, nothing in this Act is intended to
affect otherwise applicable law related to any Federal
agency's authorities or responsibilities related to
facilities to import or export natural gas, including LNG
terminals.''; and
(5) by adding at the end the following new subsection:
``(d)(1) Nothing in this Act limits the authority of the
President under the Constitution, the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), part B of title II
of the Energy Policy and Conservation Act (42 U.S.C. 6271 et
seq.), the Trading With the Enemy Act (50 U.S.C. 4301 et
seq.), or any other provision of law that imposes sanctions
on a foreign person or foreign government (including any
provision of law that prohibits or restricts United States
persons from engaging in a transaction with a sanctioned
person or government), including a country that is designated
as a state sponsor of terrorism, to prohibit imports or
exports.
``(2) In this subsection, the term `state sponsor of
terrorism' means a country the government of which the
Secretary of State determines has repeatedly provided support
for international terrorism pursuant to--
``(A) section 1754(c)(1)(A) of the Export Control Reform
Act of 2018 (50 U.S.C. 4318(c)(1)(A));
``(B) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371);
``(C) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
``(D) any other provision of law.''.
SEC. 328. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE
DENIAL OF JORDAN COVE PERMITS.
(a) Findings.--Congress finds the following:
(1) On March 19, 2020, the Federal Energy Regulatory
Commission granted two Federal permits to Jordan Cove Energy
Project, L.P., to site, construct, and operate a new
liquefied natural gas export terminal in Coos County, Oregon.
(2) On the same day, the Federal Energy Regulatory
Commission issued a certificate of public convenience and
necessity to Pacific Connector Gas Pipeline, L.P., to
construct and operate the proposed Pacific Connector Pipeline
in the counties of Klamath, Jackson, Douglas, and Coos of
Oregon.
(3) The State of Oregon denied the permits and the
certificate necessary for these projects.
(b) Sense of Congress.--It is the sense of Congress that
Congress disapproves of the denial of these permits by the
State of Oregon.
SEC. 329. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF
NATURAL GAS PIPELINES.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Federal authorization.--The term ``Federal
authorization'' has the meaning given that term in section
15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
(3) NEPA review.--The term ``NEPA review'' means the
process of reviewing a proposed Federal action under section
102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332).
(4) Project-related nepa review.--The term ``project-
related NEPA review'' means any NEPA review required to be
conducted with respect to the issuance of an authorization
under section 3 of the Natural Gas Act or a certificate of
public convenience and necessity under section 7 of such Act.
(b) Commission NEPA Review Responsibilities.--In acting as
the lead agency under section 15(b)(1) of the Natural Gas Act
for the purposes of complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to
an authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section
7 of such Act, the Commission shall, in accordance with this
section and other applicable Federal law--
(1) be the only lead agency;
(2) coordinate as early as practicable with each agency
designated as a participating agency under subsection (d)(3)
to ensure that the Commission develops information in
conducting its project-related NEPA review that is usable by
the participating agency in considering an aspect of an
application for a Federal authorization for which the agency
is responsible; and
(3) take such actions as are necessary and proper to
facilitate the expeditious resolution of its project-related
NEPA review.
(c) Deference to Commission.--In making a decision with
respect to a Federal authorization required with respect to
an application for authorization under section 3 of the
Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act, each agency shall give
deference, to the maximum extent authorized by law, to the
scope of the project-related NEPA review that the Commission
determines to be appropriate.
(d) Participating Agencies.--
(1) Identification.--The Commission shall identify, not
later than 30 days after the Commission receives an
application for an authorization under section 3 of the
Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act, any Federal or State
agency, local government, or Indian Tribe that may issue a
Federal authorization or is required by Federal law to
consult with the Commission in conjunction with the issuance
of a Federal authorization required for such authorization or
certificate.
(2) Invitation.--
(A) In general.--Not later than 45 days after the
Commission receives an application for an authorization under
section 3 of the Natural Gas Act or a certificate of public
convenience and necessity under section 7 of such Act, the
Commission shall invite any agency identified under paragraph
(1) to participate in the review process for the applicable
Federal authorization.
(B) Deadline.--An invitation issued under subparagraph (A)
shall establish a deadline by which a response to the
invitation shall be submitted to the Commission, which may be
extended by the Commission for good cause.
(3) Designation as participating agencies.--Not later than
60 days after the Commission receives an application for an
authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section
7 of such Act, the Commission shall designate an
[[Page S1938]]
agency identified under paragraph (1) as a participating
agency with respect to an application for authorization under
section 3 of the Natural Gas Act or a certificate of public
convenience and necessity under section 7 of such Act unless
the agency informs the Commission, in writing, by the
deadline established pursuant to paragraph (2)(B), that the
agency--
(A) has no jurisdiction or authority with respect to the
applicable Federal authorization;
(B) has no special expertise or information relevant to any
project-related NEPA review; or
(C) does not intend to submit comments for the record for
the project-related NEPA review conducted by the Commission.
(4) Effect of non-designation.--
(A) Effect on agency.--Any agency that is not designated as
a participating agency under paragraph (3) with respect to an
application for an authorization under section 3 of the
Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act may not request or
conduct a NEPA review that is supplemental to the project-
related NEPA review conducted by the Commission, unless the
agency--
(i) demonstrates that such review is legally necessary for
the agency to carry out responsibilities in considering an
aspect of an application for a Federal authorization; and
(ii) requires information that could not have been obtained
during the project-related NEPA review conducted by the
Commission.
(B) Comments; record.--The Commission shall not, with
respect to an agency that is not designated as a
participating agency under paragraph (3) with respect to an
application for an authorization under section 3 of the
Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act--
(i) consider any comments or other information submitted by
such agency for the project-related NEPA review conducted by
the Commission; or
(ii) include any such comments or other information in the
record for such project-related NEPA review.
(e) Water Quality Impacts.--
(1) In general.--Notwithstanding section 401 of the Federal
Water Pollution Control Act (33 U.S.C. 1341), an applicant
for a Federal authorization shall not be required to provide
a certification under such section with respect to the
Federal authorization.
(2) Coordination.--With respect to any NEPA review for a
Federal authorization to conduct an activity that will
directly result in a discharge into the navigable waters
(within the meaning of the Federal Water Pollution Control
Act), the Commission shall identify as an agency under
subsection (d)(1) the State in which the discharge originates
or will originate, or, if appropriate, the interstate water
pollution control agency having jurisdiction over the
navigable waters at the point where the discharge originates
or will originate.
(3) Proposed conditions.--A State or interstate agency
designated as a participating agency pursuant to paragraph
(2) may propose to the Commission terms or conditions for
inclusion in an authorization under section 3 of the Natural
Gas Act or a certificate of public convenience and necessity
under section 7 of such Act that the State or interstate
agency determines are necessary to ensure that any activity
described in paragraph (2) conducted pursuant to such
authorization or certification will comply with the
applicable provisions of sections 301, 302, 303, 306, and 307
of the Federal Water Pollution Control Act.
(4) Commission consideration of conditions.--The Commission
may include a term or condition in an authorization under
section 3 of the Natural Gas Act or a certificate of public
convenience and necessity under section 7 of such Act
proposed by a State or interstate agency under paragraph (3)
only if the Commission finds that the term or condition is
necessary to ensure that any activity described in paragraph
(2) conducted pursuant to such authorization or certification
will comply with the applicable provisions of sections 301,
302, 303, 306, and 307 of the Federal Water Pollution Control
Act.
(f) Schedule.--
(1) Deadline for federal authorizations.--A deadline for a
Federal authorization required with respect to an application
for authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section
7 of such Act set by the Commission under section 15(c)(1) of
such Act shall be not later than 90 days after the Commission
completes its project-related NEPA review, unless an
applicable schedule is otherwise established by Federal law.
(2) Concurrent reviews.--Each Federal and State agency--
(A) that may consider an application for a Federal
authorization required with respect to an application for
authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section
7 of such Act shall formulate and implement a plan for
administrative, policy, and procedural mechanisms to enable
the agency to ensure completion of Federal authorizations in
compliance with schedules established by the Commission under
section 15(c)(1) of such Act; and
(B) in considering an aspect of an application for a
Federal authorization required with respect to an application
for authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section
7 of such Act, shall--
(i) formulate and implement a plan to enable the agency to
comply with the schedule established by the Commission under
section 15(c)(1) of such Act;
(ii) carry out the obligations of that agency under
applicable law concurrently, and in conjunction with, the
project-related NEPA review conducted by the Commission, and
in compliance with the schedule established by the Commission
under section 15(c)(1) of such Act, unless the agency
notifies the Commission in writing that doing so would impair
the ability of the agency to conduct needed analysis or
otherwise carry out such obligations;
(iii) transmit to the Commission a statement--
(I) acknowledging receipt of the schedule established by
the Commission under section 15(c)(1) of the Natural Gas Act;
and
(II) setting forth the plan formulated under clause (i) of
this subparagraph;
(iv) not later than 30 days after the agency receives such
application for a Federal authorization, transmit to the
applicant a notice--
(I) indicating whether such application is ready for
processing; and
(II) if such application is not ready for processing, that
includes a comprehensive description of the information
needed for the agency to determine that the application is
ready for processing;
(v) determine that such application for a Federal
authorization is ready for processing for purposes of clause
(iv) if such application is sufficiently complete for the
purposes of commencing consideration, regardless of whether
supplemental information is necessary to enable the agency to
complete the consideration required by law with respect to
such application; and
(vi) not less often than once every 90 days, transmit to
the Commission a report describing the progress made in
considering such application for a Federal authorization.
(3) Failure to meet deadline.--If a Federal or State
agency, including the Commission, fails to meet a deadline
for a Federal authorization set forth in the schedule
established by the Commission under section 15(c)(1) of the
Natural Gas Act, not later than 5 days after such deadline,
the head of the relevant Federal agency (including, in the
case of a failure by a State agency, the Federal agency
overseeing the delegated authority) shall notify Congress and
the Commission of such failure and set forth a recommended
implementation plan to ensure completion of the action to
which such deadline applied.
(g) Consideration of Applications for Federal
Authorization.--
(1) Issue identification and resolution.--
(A) Identification.--Federal and State agencies that may
consider an aspect of an application for a Federal
authorization shall identify, as early as possible, any
issues of concern that may delay or prevent an agency from
working with the Commission to resolve such issues and
granting such authorization.
(B) Issue resolution.--The Commission may forward any issue
of concern identified under subparagraph (A) to the heads of
the relevant agencies (including, in the case of an issue of
concern that is a failure by a State agency, the Federal
agency overseeing the delegated authority, if applicable) for
resolution.
(2) Remote surveys.--If a Federal or State agency
considering an aspect of an application for a Federal
authorization requires the person applying for such
authorization to submit data, the agency shall consider any
such data gathered by aerial or other remote means that the
person submits. The agency may grant a conditional approval
for the Federal authorization based on data gathered by
aerial or remote means, conditioned on the verification of
such data by subsequent onsite inspection.
(3) Application processing.--The Commission, and Federal
and State agencies, may allow a person applying for a Federal
authorization to fund a third-party contractor to assist in
reviewing the application for such authorization.
(h) Accountability, Transparency, Efficiency.--For an
application for an authorization under section 3 of the
Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act that requires multiple
Federal authorizations, the Commission, with input from any
Federal or State agency considering an aspect of the
application, shall track and make available to the public on
the Commission's website information related to the actions
required to complete the Federal authorizations. Such
information shall include the following:
(1) The schedule established by the Commission under
section 15(c)(1) of the Natural Gas Act.
(2) A list of all the actions required by each applicable
agency to complete permitting, reviews, and other actions
necessary to obtain a final decision on the application.
(3) The expected completion date for each such action.
(4) A point of contact at the agency responsible for each
such action.
(5) In the event that an action is still pending as of the
expected date of completion, a brief explanation of the
reasons for the delay.
[[Page S1939]]
(i) Pipeline Security.--In considering an application for
an authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section
7 of such Act, the Federal Energy Regulatory Commission shall
consult with the Administrator of the Transportation Security
Administration regarding the applicant's compliance with
security guidance and best practice recommendations of the
Administration regarding pipeline infrastructure security,
pipeline cybersecurity, pipeline personnel security, and
other pipeline security measures.
(j) Withdrawal of Policy Statements.--The Federal Energy
Regulatory Commission shall withdraw--
(1) the updated policy statement titled ``Certification of
New Interstate Natural Gas Facilities'' published in the
Federal Register on March 1, 2022 (87 Fed. Reg. 11548); and
(2) the interim policy statement titled ``Consideration of
Greenhouse Gas Emissions in Natural Gas Infrastructure
Project Reviews'' published in the Federal Register on March
11, 2022 (87 Fed. Reg. 14104).
SEC. 330. INTERIM HAZARDOUS WASTE PERMITS FOR CRITICAL ENERGY
RESOURCE FACILITIES.
Section 3005(e) of the Solid Waste Disposal Act (42 U.S.C.
6925(e)) is amended--
(1) in paragraph (1)(A)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by inserting ``or'' after ``this
section,''; and
(C) by adding at the end the following:
``(iii) is a critical energy resource facility,''; and
(2) by adding at the end the following:
``(4) Definitions.--For the purposes of this subsection:
``(A) Critical energy resource.--The term `critical energy
resource' means, as determined by the Secretary of Energy,
any energy resource--
``(i) that is essential to the energy sector and energy
systems of the United States; and
``(ii) the supply chain of which is vulnerable to
disruption.
``(B) Critical energy resource facility.--The term
`critical energy resource facility' means a facility that
processes or refines a critical energy resource.''.
SEC. 330A. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY RESOURCE
FACILITIES.
(a) In General.--The Administrator of the Environmental
Protection Agency shall, as necessary, revise regulations
under parts 70 and 71 of title 40, Code of Federal
Regulations, to--
(1) authorize the owner or operator of a critical energy
resource facility to utilize flexible air permitting (as
described in the final rule titled ``Operating Permit
Programs; Flexible Air Permitting Rule'' published by the
Environmental Protection Agency in the Federal Register on
October 6, 2009 (74 Fed. Reg. 51418)) with respect to such
critical energy resource facility; and
(2) facilitate flexible, market-responsive operations (as
described in the final rule identified in paragraph (1)) with
respect to critical energy resource facilities.
(b) Definitions.--In this section:
(1) Critical energy resource.--The term ``critical energy
resource'' means, as determined by the Secretary of Energy,
any energy resource--
(A) that is essential to the energy sector and energy
systems of the United States; and
(B) the supply chain of which is vulnerable to disruption.
(2) Critical energy resource facility.--The term ``critical
energy resource facility'' means a facility that processes or
refines a critical energy resource.
SEC. 330B. NATIONAL SECURITY OR ENERGY SECURITY WAIVERS TO
PRODUCE CRITICAL ENERGY RESOURCES.
(a) Clean Air Act Requirements.--
(1) In general.--If the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Energy, determines that, by reason of a sudden increase in
demand for, or a shortage of, a critical energy resource, or
another cause, the processing or refining of a critical
energy resource at a critical energy resource facility is
necessary to meet the national security or energy security
needs of the United States, then the Administrator may, with
or without notice, hearing, or other report, issue a
temporary waiver of any requirement under the Clean Air Act
(42 U.S.C. 7401 et seq.) with respect to such critical energy
resource facility that, in the judgment of the Administrator,
will allow for such processing or refining at such critical
energy resource facility as necessary to best meet such needs
and serve the public interest.
(2) Conflict with other environmental laws.--The
Administrator shall ensure that any waiver of a requirement
under the Clean Air Act under this subsection, to the maximum
extent practicable, does not result in a conflict with a
requirement of any other applicable Federal, State, or local
environmental law or regulation and minimizes any adverse
environmental impacts.
(3) Violations of other environmental laws.--To the extent
any omission or action taken by a party under a waiver issued
under this subsection is in conflict with any requirement of
a Federal, State, or local environmental law or regulation,
such omission or action shall not be considered a violation
of such environmental law or regulation, or subject such
party to any requirement, civil or criminal liability, or a
citizen suit under such environmental law or regulation.
(4) Expiration and renewal of waivers.--A waiver issued
under this subsection shall expire not later than 90 days
after it is issued. The Administrator may renew or reissue
such waiver pursuant to paragraphs (1) and (2) for subsequent
periods, not to exceed 90 days for each period, as the
Administrator determines necessary to meet the national
security or energy security needs described in paragraph (1)
and serve the public interest. In renewing or reissuing a
waiver under this paragraph, the Administrator shall include
in any such renewed or reissued waiver such conditions as are
necessary to minimize any adverse environmental impacts to
the extent practicable.
(5) Subsequent action by court.--If a waiver issued under
this subsection is subsequently stayed, modified, or set
aside by a court pursuant a provision of law, any omission or
action previously taken by a party under the waiver while the
waiver was in effect shall remain subject to paragraph (3).
(6) Critical energy resource; critical energy resource
facility defined.--The terms ``critical energy resource'' and
``critical energy resource facility'' have the meanings given
such terms in section 3025(f) of the Solid Waste Disposal Act
(as added by this section).
(b) Solid Waste Disposal Act Requirements.--
(1) Hazardous waste management.--The Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) is amended by inserting after
section 3024 the following:
``SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE FACILITIES.
``(a) In General.--If the Administrator, in consultation
with the Secretary of Energy, determines that, by reason of a
sudden increase in demand for, or a shortage of, a critical
energy resource, or another cause, the processing or refining
of a critical energy resource at a critical energy resource
facility is necessary to meet the national security or energy
security needs of the United States, then the Administrator
may, with or without notice, hearing, or other report, issue
a temporary waiver of any covered requirement with respect to
such critical energy resource facility that, in the judgment
of the Administrator, will allow for such processing or
refining at such critical energy resource facility as
necessary to best meet such needs and serve the public
interest.
``(b) Conflict With Other Environmental Laws.--The
Administrator shall ensure that any waiver of a covered
requirement under this section, to the maximum extent
practicable, does not result in a conflict with a requirement
of any other applicable Federal, State, or local
environmental law or regulation and minimizes any adverse
environmental impacts.
``(c) Violations of Other Environmental Laws.--To the
extent any omission or action taken by a party under a waiver
issued under this section is in conflict with any requirement
of a Federal, State, or local environmental law or
regulation, such omission or action shall not be considered a
violation of such environmental law or regulation, or subject
such party to any requirement, civil or criminal liability,
or a citizen suit under such environmental law or regulation.
``(d) Expiration and Renewal of Waivers.--A waiver issued
under this section shall expire not later than 90 days after
it is issued. The Administrator may renew or reissue such
waiver pursuant to subsections (a) and (b) for subsequent
periods, not to exceed 90 days for each period, as the
Administrator determines necessary to meet the national
security or energy security needs described in subsection (a)
and serve the public interest. In renewing or reissuing a
waiver under this subsection, the Administrator shall include
in any such renewed or reissued waiver such conditions as are
necessary to minimize any adverse environmental impacts to
the extent practicable.
``(e) Subsequent Action by Court.--If a waiver issued under
this section is subsequently stayed, modified, or set aside
by a court pursuant a provision of law, any omission or
action previously taken by a party under the waiver while the
waiver was in effect shall remain subject to subsection (c).
``(f) Definitions.--In this section:
``(1) Covered requirement.--The term `covered requirement'
means--
``(A) any standard established under section 3002, 3003, or
3004;
``(B) the permit requirement under section 3005; or
``(C) any other requirement of this Act, as the
Administrator determines appropriate.
``(2) Critical energy resource.--The term `critical energy
resource' means, as determined by the Secretary of Energy,
any energy resource--
``(A) that is essential to the energy sector and energy
systems of the United States; and
``(B) the supply chain of which is vulnerable to
disruption.
``(3) Critical energy resource facility.--The term
`critical energy resource facility' means a facility that
processes or refines a critical energy resource.''.
(2) Table of contents.--The table of contents of the Solid
Waste Disposal Act is amended by inserting after the item
relating to section 3024 the following:
``Sec. 3025. Waivers for critical energy resource facilities.''.
SEC. 330C. NATURAL GAS TAX REPEAL.
(a) Repeal.--Section 136 of the Clean Air Act (42 U.S.C.
7436)(relating to methane emissions and waste reduction
incentive program for petroleum and natural gas systems) is
repealed.
[[Page S1940]]
(b) Rescission.--The unobligated balance of any amounts
made available under section 136 of the Clean Air Act (42
U.S.C. 7436)(as in effect on the day before the date of
enactment of this Act) is rescinded.
SEC. 330D. REPEAL OF GREENHOUSE GAS REDUCTION FUND.
(a) Repeal.--Section 134 of the Clean Air Act (42 U.S.C.
7434)(relating to the greenhouse gas reduction fund) is
repealed.
(b) Rescission.--The unobligated balance of any amounts
made available under section 134 of the Clean Air Act (42
U.S.C. 7434)(as in effect on the day before the date of
enactment of this Act) is rescinded.
(c) Conforming Amendment.--Section 60103 of Public Law 117-
169 (relating to the greenhouse gas reduction fund) is
repealed.
SEC. 330E. ENDING FUTURE DELAYS IN CHEMICAL SUBSTANCE REVIEW
FOR CRITICAL ENERGY RESOURCES.
Section 5(a) of the Toxic Substances Control Act (15 U.S.C.
2604(a)) is amended by adding at the end the following:
``(6) Critical energy resources.--
``(A) Standard.--For purposes of a determination under
paragraph (3) with respect to a chemical substance that is a
critical energy resource, the Administrator shall take into
consideration economic, societal, and environmental costs and
benefits, notwithstanding any requirement of this section to
not take such factors into consideration.
``(B) Failure to render determination.--
``(i) Actions authorized.--If, with respect to a chemical
substance that is a critical energy resource, the
Administrator fails to make a determination on a notice under
paragraph (3) by the end of the applicable review period and
the notice has not been withdrawn by the submitter, the
submitter may take the actions described in paragraph (1)(A)
with respect to the chemical substance, and the Administrator
shall be relieved of any requirement to make such
determination.
``(ii) Non-duplication.--A refund of applicable fees under
paragraph (4)(A) shall not be made if a submitter takes an
action described in paragraph (1)(A) under this subparagraph.
``(C) Prerequisite for suggestion of withdrawal or
suspension.--The Administrator may not suggest to, or request
of, a submitter of a notice under this subsection for a
chemical substance that is a critical energy resource that
such submitter withdraw such notice, or request a suspension
of the running of the applicable review period with respect
to such notice, unless the Administrator has--
``(i) conducted a preliminary review of such notice; and
``(ii) provided to the submitter a draft of a determination
under paragraph (3), including any supporting information.
``(D) Definition.--For purposes of this paragraph, the term
`critical energy resource' means, as determined by the
Secretary of Energy, any energy resource--
``(i) that is essential to the energy sector and energy
systems of the United States; and
``(ii) the supply chain of which is vulnerable to
disruption.''.
SEC. 330F. KEEPING AMERICA'S REFINERIES OPERATING.
(a) In General.--The owner or operator of a stationary
source described in subsection (b) of this section shall not
be required by the regulations promulgated under section
112(r)(7)(B) of the Clean Air Act (42 U.S.C. 7412(r)(7)(B))
to include in any hazard assessment under clause (ii) of such
section 112(r)(7)(B) an assessment of safer technology and
alternative risk management measures with respect to the use
of hydrofluoric acid in an alkylation unit.
(b) Stationary Source Described.--A stationary source
described in this subsection is a stationary source (as
defined in section 112(r)(2)(C) of the Clean Air Act (42
U.S.C. 7412(r)(2)(C)) in North American Industry
Classification System code 324--
(1) for which a construction permit or operating permit has
been issued pursuant to the Clean Air Act (42 U.S.C. 7401 et
seq.); or
(2) for which the owner or operator demonstrates to the
Administrator of the Environmental Protection Agency that
such stationary source conforms or will conform to the most
recent version of American Petroleum Institute Recommended
Practice 751.
SEC. 330G. HOMEOWNER ENERGY FREEDOM.
(a) In General.--The following are repealed:
(1) Section 50122 of Public Law 117-169 (42 U.S.C. 18795a)
(relating to a high-efficiency electric home rebate program).
(2) Section 50123 of Public Law 117-169 (42 U.S.C. 18795b)
(relating to State-based home energy efficiency contractor
training grants).
(3) Section 50131 of Public Law 117-169 (136 Stat. 2041)
(relating to assistance for latest and zero building energy
code adoption).
(b) Rescissions.--The unobligated balances of any amounts
made available under each of sections 50122, 50123, and 50131
of Public Law 117-169 (42 U.S.C. 18795a, 18795b; 136 Stat.
2041) (as in effect on the day before the date of enactment
of this Act) are rescinded.
(c) Conforming Amendment.--Section 50121(c)(7) of Public
Law 117-169 (42 U.S.C. 18795(c)(7)) is amended by striking
``, including a rebate provided under a high-efficiency
electric home rebate program (as defined in section
50122(d)),''.
SEC. 330H. STUDY.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Energy, in consultation with the
Nuclear Regulatory Commission, shall conduct a study on how
to streamline regulatory timelines relating to developing new
power plants by examining practices relating to various power
generating sources, including fossil and nuclear generating
sources.
SEC. 330I. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.
(a) Amendments.--Section 1422(b) of the Safe Drinking Water
Act (42 U.S.C. 300h-1(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``Within ninety days'' and inserting ``(A)
Within ninety days'';
(B) by striking ``and after reasonable opportunity for
presentation of views''; and
(C) by adding at the end the following:
``(B) If, after 270 calendar days of a State's application
being submitted under paragraph (1)(A) or notice being
submitted under paragraph (1)(B), the Administrator has not,
pursuant to subparagraph (A), by rule approved, disapproved,
or approved in part and disapproved in part the State's
underground injection control program--
``(i) the Administrator shall transmit, in writing, to the
State a detailed explanation as to the status of the
application or notice; and
``(ii) the State's underground injection control program
shall be deemed approved under this section if--
``(I) the Administrator has not after another 30 days,
pursuant to subparagraph (A), by rule approved, disapproved,
or approved in part and disapproved in part the State's
underground injection control program; and
``(II) the State has established and implemented an
effective program (including adequate recordkeeping and
reporting) to prevent underground injection which endangers
drinking water sources.'';
(2) by amending paragraph (4) to read as follows:
``(4) Before promulgating any rule under paragraph (2) or
(3) of this subsection, the Administrator shall--
``(A) provide a reasonable opportunity for presentation of
views with respect to such rule, including a public hearing
and a public comment period; and
``(B) publish in the Federal Register notice of the
reasonable opportunity for presentation of views provided
under subparagraph (A).''; and
(3) by adding at the end the following:
``(5) Preapplication Activities.--The Administrator shall
work as expeditiously as possible with States to complete any
necessary activities relevant to the submission of an
application under paragraph (1)(A) or notice under paragraph
(1)(B), taking into consideration the need for a complete and
detailed submission.
``(6) Application Coordination for Class VI Wells.--With
respect to the underground injection control program for
Class VI wells (as defined in section 40306(a) of the
Infrastructure Investment and Jobs Act (42 U.S.C. 300h-
9(a))), the Administrator shall designate one individual at
the Agency from each regional office to be responsible for
coordinating--
``(A) the completion of any necessary activities prior to
the submission of an application under paragraph (1)(A) or
notice under paragraph (1)(B), in accordance with paragraph
(5);
``(B) the review of an application submitted under
paragraph (1)(A) or notice submitted under paragraph (1)(B);
``(C) any reasonable opportunity for presentation of views
provided under paragraph (4)(A) and any notice published
under paragraph (4)(B); and
``(D) pursuant to the recommendations included in the
report required under paragraph (7), the hiring of additional
staff to carry out subparagraphs (A) through (C).
``(7) Evaluation of Resources.--
``(A) In general.--Not later than 90 days after the date of
enactment of this paragraph, the individual designated under
paragraph (6) shall transmit to the appropriate Congressional
committees a report, including recommendations, regarding
the--
``(i) availability of staff and resources to promptly carry
out the requirements of paragraph (6); and
``(ii) additional funding amounts needed to do so.
``(B) Appropriate congressional committees defined.--In
this paragraph, the term `appropriate Congressional
Committees' means--
``(i) in the Senate--
``(I) the Committee on Environment and Public Works; and
``(II) the Committee on Appropriations; and
``(ii) in the House of Representatives--
``(I) the Committee on Energy and Commerce; and
``(II) the Committee on Appropriations.''.
(b) Funding.--In each of fiscal years 2023 through 2026,
amounts made available by title VI of division J of the
Infrastructure Investment and Jobs Act under paragraph (7) of
the heading ``Environmental Protection Agency--State and
Tribal Assistance Grants'' (Public Law 117-58; 135 Stat.
1402) may also be made available, subject to appropriations,
to carry out paragraphs (5), (6), and (7) of section 1422(b)
of the Safe Drinking Water Act, as added by this section.
(c) Rule of Construction.--The amendments made by this
section shall--
(1) apply to all applications submitted to the
Environmental Protection Agency after the date of enactment
of this Act to establish an underground injection control
program under section 1422(b) of the Safe Drinking Water Act
(42 U.S.C. 300h-1); and
[[Page S1941]]
(2) with respect to such applications submitted prior to
the date of enactment of this Act, the 270 and 300 day
deadlines under section 1422(b)(2)(B) of the Safe Drinking
Water Act, as added by this section, shall begin on the date
of enactment of this Act.
SEC. 330J. USE OF INDEX-BASED PRICING IN ACQUISITION OF
PETROLEUM PRODUCTS FOR THE SPR.
Section 160(c) of the Energy Policy and Conservation Act
(42 U.S.C. 6240(c)) is amended--
(1) by redesignating paragraphs (1) through (6) as clauses
(i) through (vi), respectively (and adjusting the margins
accordingly);
(2) by striking ``The Secretary shall'' and inserting the
following:
``(1) In general.--The Secretary shall''; and
(3) by striking ``Such procedures shall take into account
the need to--'' and inserting the following:
``(2) Inclusions.--Procedures developed under this
subsection shall--
``(A) require acquisition of petroleum products using
index-based pricing; and
``(B) take into account the need to--''.
SEC. 330K. PROHIBITION ON CERTAIN EXPORTS.
(a) In General.--The Energy Policy and Conservation Act is
amended by inserting after section 163 (42 U.S.C. 6243) the
following:
``SEC. 164. PROHIBITION ON CERTAIN EXPORTS.
``(a) In General.--The Secretary shall prohibit the export
or sale of petroleum products drawn down from the Strategic
Petroleum Reserve, under any provision of law, to--
``(1) the People's Republic of China;
``(2) the Democratic People's Republic of Korea;
``(3) the Russian Federation;
``(4) the Islamic Republic of Iran;
``(5) any other country the government of which is subject
to sanctions imposed by the United States; and
``(6) any entity owned, controlled, or influenced by--
``(A) a country referred to in any of paragraphs (1)
through (5); or
``(B) the Chinese Communist Party.
``(b) Waiver.--The Secretary may issue a waiver of the
prohibition described in subsection (a) if the Secretary
certifies that any export or sale authorized pursuant to the
waiver is in the national security interests of the United
States.
``(c) Rule.--Not later than 60 days after the date of
enactment of the Fiscal Responsibility Act of 2023, the
Secretary shall issue a rule to carry out this section.''.
(b) Conforming Amendments.--
(1) Drawdown and sale of petroleum products.--Section
161(a) of the Energy Policy and Conservation Act (42 U.S.C.
6241(a)) is amended by inserting ``and section 164'' before
the period at the end.
(2) Clerical amendment.--The table of contents for the
Energy Policy and Conservation Act is amended by inserting
after the item relating to section 163 the following:
``Sec. 164. Prohibition on certain exports.''.
SEC. 330L. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE
PROPOSED TAX HIKES ON THE OIL AND NATURAL GAS
INDUSTRY IN THE PRESIDENT'S FISCAL YEAR 2024
BUDGET REQUEST.
(a) Finding.--Congress finds that President Biden's fiscal
year 2024 budget request proposes to repeal tax provisions
that are vital to the oil and natural gas industry of the
United States, resulting in a $31,000,000,000 tax hike on oil
and natural gas producers in the United States.
(b) Sense of Congress.--It is the sense of Congress that
Congress disapproves of the proposed tax hike on the oil and
natural gas industry in the President's fiscal year 2024
budget request.
SEC. 330M. DOMESTIC ENERGY INDEPENDENCE REPORT.
Not later than 120 days after the date of enactment of this
Act, the Administrator of the Environmental Protection
Agency, in consultation with the Secretary of Energy, shall
submit to Congress a report that identifies and assesses
regulations promulgated by the Administrator during the 15-
year period preceding the date of enactment of this Act that
have--
(1) reduced the energy independence of the United States;
(2) increased the regulatory burden for energy producers in
the United States;
(3) decreased the energy output by such energy producers;
(4) reduced the energy security of the United States; or
(5) increased energy costs for consumers in the United
States.
SEC. 330N. GAO STUDY.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
conduct a study on how banning natural gas appliances will
affect the rates and charges for electric ity.
SEC. 330O. GAS KITCHEN RANGES AND OVENS.
The Secretary of Energy may not finalize, implement,
administer, or enforce the proposed rule titled ``Energy
Conservation Program: Energy Conservation Standards for
Consumer Conventional Cooking Products; Supplemental notice
of proposed rulemaking and announcement of public meeting''
(88 Fed. Reg. 6818; published February 1, 2023) with respect
to energy conservation standards for gas kitchen ranges and
ovens, or any substantially similar rule, including any rule
that would directly or indirectly limit consumer access to
gas kitchen ranges and ovens.
TITLE IV--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF
AMERICAN RESOURCES
SEC. 331. SHORT TITLE.
This title may be cited as the ``Transparency,
Accountability, Permitting, and Production of American
Resources Act'' or the ``TAPP American Resources Act''.
Subtitle A--Onshore and Offshore Leasing and Oversight
SEC. 332. 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. 333. 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. 334. 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. 335. 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
[[Page S1942]]
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. 336. 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, 2024, 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. 337. 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 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
[[Page S1943]]
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 No. 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. 338. 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. 339. 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. 340. 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. 340A. 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. 340B. 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. 340C. 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 technological
needs and 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.
SEC. 340D. PROHIBITION ON CHINESE COMMUNIST PARTY OWNERSHIP
INTEREST.
Notwithstanding any other provision of law, the Communist
Party of China (or a person acting on behalf of the Community
Party of China), any entity subject to the jurisdiction of
the Government of the People's Republic of China, or any
entity that is owned by the Government of the People's
Republic of China, may not acquire any interest with respect
to lands leased for oil or gas under the Mineral Leasing Act
(30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) or American farmland or any
lands used for American renewable energy production, or
acquire claims subject to the General Mining Law of 1872.
[[Page S1944]]
SEC. 340E. EFFECT ON OTHER LAW.
Nothing in this title, or any amendments made by this
title, shall affect--
(1) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas of the United States Outer
Continental Shelf From Leasing Disposition'' and dated
September 8, 2020;
(2) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas of the United States Outer
Continental Shelf From Leasing Disposition'' and dated
September 25, 2020;
(3) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas off the Atlantic Coast on the
Outer Continental Shelf From Leasing Disposition'' and dated
December 20, 2016; or
(4) the ban on oil and gas development in the Great Lakes
described in section 386 of the Energy Policy Act of 2005 (42
U.S.C. 15941).
SEC. 340F. REQUIREMENT FOR GAO REPORT ON WIND ENERGY IMPACTS.
The Secretary of the Interior shall not publish a notice
for a wind lease sale or hold a lease sale for wind energy
development in the Eastern Gulf of Mexico Planning Area, the
South Atlantic Planning Area, or the Straits of Florida
Planning Area (as described in the 2017-2022 Outer
Continental Shelf Oil and Gas Leasing Proposed Final Program
(November 2016)) until the Comptroller General of the United
States publishes a report on all potential adverse effects of
wind energy development in such areas, including associated
infrastructure and vessel traffic, on--
(1) military readiness and training activities in the
Planning Areas described in this section, including
activities within or related to the Eglin Test and Training
Complex and the Jacksonville Range Complex;
(2) marine environment and ecology, including species
listed as endangered or threatened under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or designated as
depleted under the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) in the Planning Areas described in this
section; and
(3) tourism, including the economic impacts that a decrease
in tourism may have on the communities adjacent to the
Planning Areas described in this section.
SEC. 340G. SENSE OF CONGRESS ON WIND ENERGY DEVELOPMENT
SUPPLY CHAIN.
It is the sense of Congress that--
(1) wind energy development on Federal lands and waters is
a burgeoning industry in the United States;
(2) major components of wind infrastructure, including
turbines, are imported in large quantities from other
countries including countries that are national security
threats, such as the Government of the People's Republic of
China;
(3) it is in the best interest of the United States to
foster and support domestic supply chains across sectors to
promote American energy independence;
(4) the economic and manufacturing opportunities presented
by wind turbine construction and component manufacturing
should be met by American workers and materials that are
sourced domestically to the greatest extent practicable; and
(5) infrastructure for wind energy development in the
United States should be constructed with materials produced
and manufactured in the United States.
SEC. 340H. SENSE OF CONGRESS ON OIL AND GAS ROYALTY RATES.
It is the sense of Congress that the royalty rate for
onshore Federal oil and gas leases should be not more than
12.5 percent in amount or value of the production removed or
sold from the lease.
SEC. 340I. OFFSHORE WIND ENVIRONMENTAL REVIEW PROCESS STUDY.
(a) In General.--Not later than 60 days after the date of
the enactment of this section, the Comptroller General shall
conduct a study to assess the sufficiency of the
environmental review processes for offshore wind projects in
place as of the date of the enactment of this section of the
National Marine Fisheries Service, the Bureau of Ocean Energy
Management, and any other relevant Federal agency.
(b) Contents.--The study required under subsection (a)
shall include consideration of the following:
(1) The impacts of offshore wind projects on--
(A) whales, finfish, and other marine mammals;
(B) benthic resources;
(C) commercial and recreational fishing;
(D) air quality;
(E) cultural, historical, and archaeological resources;
(F) invertebrates;
(G) essential fish habitat;
(H) military use and navigation and vessel traffic;
(I) recreation and tourism; and
(J) the sustainability of shoreline beaches and inlets.
(2) The impacts of hurricanes and other severe weather on
offshore wind projects.
(3) How the agencies described in subsection (a) determine
which stakeholders are consulted and if a timely,
comprehensive comment period is provided for local
representatives and other interested parties.
(4) The estimated cost and who pays for offshore wind
projects.
SEC. 340J. GAO REPORT ON WIND ENERGY IMPACTS.
The Comptroller General of the United States shall publish
a report on all potential adverse effects of wind energy
development in the North Atlantic Planning Area (as described
in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing
Proposed Final Program (November 2016)), including associated
infrastructure and vessel traffic, on--
(1) maritime safety, including the operation of radar
systems;
(2) economic impacts related to commercial fishing
activities; and
(3) marine environment and ecology, including species
listed as endangered or threatened under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or designated as
depleted under the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) in the North Atlantic Planning Area.
Subtitle B--Permitting Streamlining
SEC. 341. DEFINITIONS.
In this subtitle:
(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. 342. 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;
[[Page S1945]]
(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 the agency, another
Federal agency, or 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, unless the agency finds that a
categorical exclusion established by the agency, another
Federal agency, or another provision of law applies. 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
[[Page S1946]]
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;
[[Page S1947]]
``(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. 343. 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. 344. 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. 345. 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. 346. 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. 347. 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. 348. 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. 349. 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.
[[Page S1948]]
(d) Prohibition.--Notwithstanding any other provision of
law, the Secretary of Agriculture (acting through the Forest
Service) and the Secretary of the Interior may not accept
contributions, as authorized by subsection (a), from non-
Federal entities owned by the Communist Party of China (or a
person or entity acting on behalf of the Communist Party of
China).
(e) Report on Non-Federal Entities.--Not later than 60 days
after the end of the applicable fiscal year, the Secretary of
Agriculture (acting through the Forest Service) and 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 includes, for each expenditure authorized by
subsection (a)--
(1) the amount of funds accepted; and
(2) the contributing non-Federal entity.
SEC. 350. 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. 350A. 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. 350B. 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. 350C. 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. 350D. 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
[[Page S1949]]
``(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. 350E. 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. 350F. 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. 350G. 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. 350H. 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. 350I. 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).
SEC. 350J. E-NEPA.
(a) Permitting Portal Study.--The Council on Environmental
Quality shall conduct a study and submit a report to Congress
within 1 year of the enactment of this Act on the potential
to create an online permitting portal for permits that
require review under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) that
would--
(1) allow applicants to--
(A) submit required documents or materials for their
application in one unified portal;
(B) upload additional documents as required by the
applicable agency; and
(C) track the progress of individual applications;
(2) enhance interagency coordination in consultation by--
(A) allowing for comments in one unified portal;
(B) centralizing data necessary for reviews; and
(C) streamlining communications between other agencies and
the applicant; and
(3) boost transparency in agency decisionmaking.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $500,000 for the Council of Environmental
Quality to carry out the study directed by this section.
SEC. 350K. LIMITATIONS ON CLAIMS.
(a) In General.--Section 139(l) of title 23, United States
Code, is amended by striking ``150 days'' each place it
appears and inserting ``90 days''.
(b) Conforming Amendments.--
(1) Section 330(e) of title 23, United States Code, is
amended--
(A) in paragraph (2)(A), by striking ``150 days'' and
inserting ``90 days''; and
(B) in paragraph (3)(B)(i), by striking ``150 days'' and
inserting ``90 days''.
(2) Section 24201(a)(4) of title 49, United States Code, is
amended by striking ``of 150 days''.
SEC. 350L. ONE FEDERAL DECISION FOR PIPELINES.
(a) In General.--Chapter 601 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 60144. Efficient environmental reviews and one Federal
decision
``(a) Efficient Environmental Reviews.--
``(1) In general.--The Secretary of Transportation shall
apply the project development procedures, to the greatest
extent feasible, described in section 139 of title 23 to any
pipeline project that requires the approval of the Secretary
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(2) Regulations and procedures.--In carrying out
paragraph (1), the Secretary shall incorporate into agency
regulations and procedures pertaining to pipeline projects
described in paragraph (1) aspects of such project
development procedures, or portions thereof, determined
appropriate by the Secretary in a manner consistent with this
section, that increase the efficiency of the review of
pipeline projects.
``(3) Discretion.--The Secretary may choose not to
incorporate into agency regulations and procedures pertaining
to pipeline projects described in paragraph (1) such project
development procedures that could
[[Page S1950]]
only feasibly apply to highway projects, public
transportation capital projects, and multimodal projects.
``(4) Applicability.--Subsection (l) of section 139 of
title 23 shall apply to pipeline projects described in
paragraph (1).
``(b) Additional Categorical Exclusions.--The Secretary
shall maintain and make publicly available, including on the
Internet, a database that identifies project-specific
information on the use of a categorical exclusion on any
pipeline project carried out under this title.''.
(b) Clerical Amendment.--The analysis for chapter 601 of
title 49, United States Code, is amended by adding at the end
the following:
``60144. Efficient environmental reviews and one Federal decision.''.
SEC. 350M. EXEMPTION OF CERTAIN WILDFIRE MITIGATION
ACTIVITIES FROM CERTAIN ENVIRONMENTAL
REQUIREMENTS.
(a) In General.--Wildfire mitigation activities of the
Secretary of the Interior and the Secretary of Agriculture
may be carried out without regard to the provisions of law
specified in subsection (b).
(b) Provisions of Law Specified.--The provisions of law
specified in this section are all Federal, State, or other
laws, regulations, and legal requirements of, deriving from,
or related to the subject of, the following laws:
(1) Section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)).
(2) The Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(c) Wildfire Mitigation Activity.--For purposes of this
section, the term ``wildfire mitigation activity''--
(1) is an activity conducted on Federal land that is--
(A) under the administration of the Director of the
National Park System, the Director of the Bureau of Land
Management, or the Chief of the Forest Service; and
(B) within 300 feet of any permanent or temporary road, as
measured from the center of such road; and
(2) includes forest thinning, hazardous fuel reduction,
prescribed burning, and vegetation management.
SEC. 350N. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND
OPERATION AND MAINTENANCE RELATING TO ELECTRIC
TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS
OF WAY.
(a) Hazard Trees Within 50 Feet of Electric Power Line.--
Section 512(a)(1)(B)(ii) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1772(a)(1)(B)(ii)) is
amended by striking ``10'' and inserting ``50''.
(b) Consultation With Private Landowners.--Section
512(c)(3)(E) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1772(c)(3)(E)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) consulting with private landowners with respect to
any hazard trees identified for removal from land owned by
such private landowners.''.
(c) Review and Approval Process.--Clause (iv) of section
512(c)(4)(A) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1772(c)(4)(A)) is amended to read as follows:
``(iv) ensures that--
``(I) a plan submitted without a modification under clause
(iii) shall be automatically approved 60 days after review;
and
``(II) a plan submitted with a modification under clause
(iii) shall be automatically approved 67 days after
review.''.
SEC. 350O. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES
RIGHTS-OF-WAY.
(a) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to National
Forest System lands; and
(2) the Secretary of the Interior, with respect to public
lands.
(b) Categorical Exclusion Established.--Forest management
activities described in subsection (c) are a category of
activities designated as being categorically excluded from
the preparation of an environmental assessment or an
environmental impact statement under section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(c) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated as
being categorically excluded under subsection (b) are--
(1) the development and approval of a vegetation
management, facility inspection, and operation and
maintenance plan submitted under section 512(c)(1) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1772(c)(1)) by the Secretary concerned; and
(2) the implementation of routine activities conducted
under the plan referred to in paragraph (1).
(d) Availability of Categorical Exclusion.--On and after
the date of the enactment of this Act, the Secretary
concerned may use the categorical exclusion established under
subsection (b) in accordance with this section.
(e) Extraordinary Circumstances.--Use of the categorical
exclusion established under subsection (b) shall not be
subject to the extraordinary circumstances procedures in
section 220.6, title 36, Code of Federal Regulations, or
section 1508.4, title 40, Code of Federal Regulations.
(f) Exclusion of Certain Areas.--The categorical exclusion
established under subsection (b) shall not apply to any
forest management activity conducted--
(1) in a component of the National Wilderness Preservation
System; or
(2) on National Forest System lands on which, by Act of
Congress, the removal of vegetation is restricted or
prohibited.
(g) Permanent Roads.--
(1) Prohibition on establishment.--A forest management
activity designated under subsection (c) shall not include
the establishment of a permanent road.
(2) Existing roads.--The Secretary concerned may carry out
necessary maintenance and repair on an existing permanent
road for the purposes of conducting a forest management
activity designated under subsection (c).
(3) Temporary roads.--The Secretary concerned shall
decommission any temporary road constructed for a forest
management activity designated under subsection (c) not later
than 3 years after the date on which the action is completed.
(h) Applicable Laws.--A forest management activity
designated under subsection (c) shall not be subject to
section 7 of the Endangered Species Act of 1973 (16 U.S.C.
1536), section 106 of the National Historic Preservation Act,
or any other applicable law.
SEC. 350P. STAFFING PLANS.
(a) In General.--Not later than 365 days after the date of
enactment of this Act, each local unit of the National Park
Service, Bureau of Land Management, and Forest Service shall
conduct an outreach plan for disseminating and advertising
open civil service positions with functions relating to
permitting or natural resources in their offices. Each such
plan shall include outreach to local high schools, community
colleges, institutions of higher education, and any other
relevant institutions, as determined by the Secretary of the
Interior or the Secretary of Agriculture (as the case may
be).
(b) Collaboration Permitted.--Such local units of the
National Park Service, Bureau of Land Management, and Forest
Service located in reasonably close geographic areas may
collaborate to produce a joint outreach plan that meets the
requirements of subsection (a).
Subtitle C--Permitting for Mining Needs
SEC. 351. DEFINITIONS.
In this subtitle:
(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. 352. 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 20301 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)--
[[Page S1951]]
(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 the 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. 353. 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. 354. 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. 355. 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) or the Presidential
Memorandum of February 27, 2023, titled ``Presidential Waiver
of Statutory Requirements Pursuant to Section 303 of the
Defense Production Act of 1950, as amended, on Department of
Defense Supply Chains Resilience'' (88 Fed. Reg. 13015) 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. 356. 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. 357. 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. 358. 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
[[Page S1952]]
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.
(c) Report.--Not later than 180 days after the date of the
enactment of this section, the Secretary, acting through the
Director of the United States Geological Survey, in
consultation with the Secretary of Energy, shall submit to
the appropriate committees of Congress a report that includes
the following:
(1) The current status of uranium deposits in the United
States with respect to the amount and quality of uranium
contained in such deposits.
(2) A comparison of the United States to the rest of the
world with respect to the amount and quality of uranium
contained in uranium deposits.
(3) Policy considerations, including potential challenges,
of utilizing the uranium from the deposits described in
paragraph (1).
SEC. 359. BARRING FOREIGN BAD ACTORS FROM OPERATING ON
FEDERAL LANDS.
A mining claimant shall be barred from the right to use,
occupy, and conduct operations on Federal land if the
Secretary of the Interior finds the claimant has a foreign
parent company that has (including through a subsidiary)--
(1) a known record of human rights violations; or
(2) knowingly operated an illegal mine in another country.
SEC. 360. PERMIT PROCESS FOR PROJECTS RELATING TO EXTRACTION,
RECOVERY, OR PROCESSING OF CRITICAL MATERIALS.
(a) Definition of Covered Project.--Section 41001(6)(A) of
the FAST Act (42 U.S.C. 4370m(6)(A)) is amended--
(1) in clause (iii)(III), by striking ``; or'' and
inserting ``;'';
(2) in clause (iv)(II), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(v) is related to the extraction, recovery, or processing
from coal, coal waste, coal processing waste, pre-or post-
combustion coal byproducts, or acid mine drainage from coal
mines of--
``(I) critical minerals (as such term is defined in section
7002 of the Energy Act of 2020);
``(II) rare earth elements; or
``(III) microfine carbon or carbon from coal.''.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary of the Interior shall
submit to the Committees on Energy and Natural Resources and
Commerce, Science, and Transportation of the Senate and the
Committees on Transportation and Infrastructure, Natural
Resources, and Energy and Commerce of the House of
Representatives a report evaluating the timeliness of
implementation of reforms of the permitting process required
as a result of the amendments made by this section on the
following:
(1) The economic and national security of the United
States.
(2) Domestic production and supply of critical minerals,
rare earths, and microfine carbon or carbon from coal.
SEC. 360A. NATIONAL STRATEGY TO RE-SHORE MINERAL SUPPLY
CHAINS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the United States Geological Survey,
in consultation with the Secretaries of Defense, Energy, and
State, shall--
(1) identify mineral commodities that--
(A) serve a critical purpose to the national security of
the United States, including with respect to military,
defense, and strategic mobility applications; and
(B) are at highest risk of supply chain disruption due to
the domestic or global actions of any covered entity,
including price-fixing, systemic acquisition and control of
global mineral resources and processing, refining, and
smelting capacity, and undercutting the fair market value of
such resources; and
(2) develop a national strategy for bolstering supply
chains in the United States for the mineral commodities
identified under paragraph (1), including through the
enactment of new national policies and the utilization of
current authorities, to increase capacity and efficiency of
domestic mining, refining, processing, and manufacturing of
such mineral commodities.
(b) Covered Entity.--In this section, the term ``covered
entity'' means an entity that--
(1) is subject to the jurisdiction or direction of the
People's Republic of China;
(2) is directly or indirectly operating on behalf of the
People's Republic of China; or
(3) is owned by, directly or indirectly controlled by, or
otherwise subject to the influence of the People's Republic
of China.
Subtitle D--Federal Land Use Planning
SEC. 361. 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, the Historic Preservation Fund,
and the National Parks and Public Land Legacy Restoration
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. 362. 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. 363. DEFINITIONS.
In this subtitle:
(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));
[[Page S1953]]
(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.
Subtitle E--Ensuring Competitiveness on Federal Lands
SEC. 371. 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 10
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 royalty 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;
[[Page S1954]]
``(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 paragraph
(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.''.
Subtitle F--Energy Revenue Sharing
SEC. 381. 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) and inserting the following:
``(f) Treatment of Amounts.--Amounts disbursed to a Gulf
producing State under this section shall be treated as
revenue sharing and not as a Federal award or grant for the
purposes of part 200 of title 2, Code of Federal
Regulations.''.
(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. 382. 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.
[[Page S1955]]
``(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.
``(ff) Infrastructure improvements at ports, including
modifications to Federal navigation channels, to support
installation of offshore wind energy projects.
``(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.
``(vii) Treatment of amounts.--Amounts disbursed to an
eligible State under this subsection shall be treated as
revenue sharing and not as a Federal award or grant for the
purposes of part 200 of title 2, Code of Federal
Regulations.''.
(b) Wind Lease Sales for Areas of the Outer Continental
Shelf Offshore of Territories of the United States.--Section
33 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356c)
is amended by adding at the end the following:
``(b) Wind Lease Sale Procedure.--Any wind lease granted
pursuant to this section shall be considered a wind lease
granted under section 8(p), including for purposes of the
disposition of revenues pursuant to subparagraphs (B) and (C)
of section 8(p)(2).''.
(c) 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. 383. 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.
SEC. 384. SUNSET.
This subtitle, and the amendments made by this subtitle,
shall cease to have effect on September 30, 2032, and on such
date the provisions of law amended by this subtitle shall be
restored or revived as if this subtitle had not been enacted.
Subtitle G--Miscellaneous
SEC. 391. EXPEDITING COMPLETION OF THE MOUNTAIN VALLEY
PIPELINE.
(a) Definition of Mountain Valley Pipeline.--In this
section, the term ``Mountain Valley Pipeline'' means the
Mountain Valley Pipeline project, as generally described and
approved in Federal Energy Regulatory Commission Docket Nos.
CP16-10, CP19-477, and CP21-57.
(b) Congressional Findings and Declaration.--The Congress
hereby finds and declares that the timely completion of
construction and operation of the Mountain Valley Pipeline is
required in the national interest. The Mountain Valley
Pipeline will serve demonstrated natural gas demand in the
Northeast, Mid-Atlantic, and Southeast regions, will increase
the reliability of natural gas supplies and the availability
of natural gas at reasonable prices, will allow natural gas
producers to access additional markets for their product, and
will reduce carbon emissions and facilitate the energy
transition.
(c) Approval and Ratification and Maintenance of Existing
Authorizations.--Notwithstanding any other provision of law--
(1) Congress hereby ratifies and approves all
authorizations, permits, verifications, extensions,
biological opinions, incidental take statements, and any
other approvals or orders issued pursuant to Federal law
necessary for the construction and initial operation at full
capacity of the Mountain Valley Pipeline; and
(2) Congress hereby directs the Secretary of the Army, the
Federal Energy Regulatory Commission, the Secretary of
Agriculture, and the Secretary of the Interior, and other
agencies as applicable, as the case may be, to continue to
maintain such authorizations, permits, verifications,
extensions, biological opinions, incidental take statements,
and any other approvals or orders issued pursuant to Federal
law necessary for the construction and initial operation at
full capacity of the Mountain Valley Pipeline.
(d) Expedited Approval.--Notwithstanding any other
provision of law, not later than 21 days after the date of
enactment of this Act and for the purpose of facilitating the
completion of the Mountain Valley Pipeline, the Secretary of
the Army shall issue all permits or verifications necessary--
(1) to complete the construction of the Mountain Valley
Pipeline across the waters of the United States; and
(2) to allow for the operation and maintenance of the
Mountain Valley Pipeline.
(e) Judicial Review.--
(1) Notwithstanding any other provision of law, no court
shall have jurisdiction to review any action taken by the
Secretary of the Army, the Federal Energy Regulatory
Commission, the Secretary of Agriculture, the Secretary of
the Interior, or a State administrative agency acting
pursuant to Federal law that grants an authorization, permit,
verification, biological opinion, incidental take statement,
or any other approval necessary for the construction and
initial operation at full capacity of the Mountain Valley
Pipeline, including the issuance of any authorization,
permit, extension, verification, biological opinion,
incidental take statement, or other approval described in
subsection (c) or (d) of this section for the Mountain Valley
Pipeline, whether issued prior to, on, or subsequent to the
date of enactment of this section, and including any lawsuit
pending in a court as of the date of enactment of this
section.
(2) The United States Court of Appeals for the District of
Columbia Circuit shall have original and exclusive
jurisdiction over any claim alleging the invalidity of this
section or that an action is beyond the scope of authority
conferred by this section.
(f) Effect.--This section supersedes any other provision of
law (including any other section of this Act or other
statute, any regulation, any judicial decision, or any agency
guidance) that is inconsistent with the issuance of any
authorization, permit, verification, biological opinion,
incidental take statement, or other approval for the Mountain
Valley Pipeline.
______