[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)--

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       (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

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     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.
                                 ______