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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1335 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 1335

To restart onshore and offshore oil, gas, and coal leasing, streamline 
  permitting for energy infrastructure, ensure transparency in energy 
         development on Federal lands, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2023

 Mr. Westerman (for himself, Mr. Graves of Louisiana, and Mr. Stauber) 
 introduced the following bill; which was referred to the Committee on 
 Natural Resources, and in addition to the Committees on Agriculture, 
   and the Budget, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To restart onshore and offshore oil, gas, and coal leasing, streamline 
  permitting for energy infrastructure, ensure transparency in energy 
         development on Federal lands, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Transparency, 
Accountability, Permitting, and Production of American Resources Act'' 
or the ``TAPP American Resources Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
          TITLE I--ONSHORE AND OFFSHORE LEASING AND OVERSIGHT

Sec. 101. Onshore oil and gas leasing.
Sec. 102. Lease reinstatement.
Sec. 103. Protested lease sales.
Sec. 104. Suspension of operations.
Sec. 105. Administrative protest process reform.
Sec. 106. Leasing and permitting transparency.
Sec. 107. Offshore oil and gas leasing.
Sec. 108. Five-year plan for offshore oil and gas leasing.
Sec. 109. Geothermal leasing.
Sec. 110. Leasing for certain qualified coal applications.
Sec. 111. Future coal leasing.
Sec. 112. Staff planning report.
                   TITLE II--PERMITTING STREAMLINING

Sec. 201. Definitions.
Sec. 202. BUILDER Act.
Sec. 203. Codification of National Environmental Policy Act 
                            regulations.
Sec. 204. Non-major Federal actions.
Sec. 205. No net loss determination for existing rights-of-way.
Sec. 206. Determination of National Environmental Policy Act adequacy.
Sec. 207. Determination regarding rights-of-way.
Sec. 208. Terms of rights-of-way.
Sec. 209. Funding to process permits and develop information 
                            technology.
Sec. 210. Offshore geological and geophysical survey licensing.
Sec. 211. Deferral of applications for permits to drill.
Sec. 212. Processing and terms of applications for permits to drill.
Sec. 213. Amendments to the Energy Policy Act of 2005.
Sec. 214. Access to Federal energy resources from non-Federal surface 
                            estate.
Sec. 215. Scope of environmental reviews for oil and gas leases.
Sec. 216. Expediting approval of gathering lines.
Sec. 217. Lease sale litigation.
Sec. 218. Limitation on claims.
Sec. 219. Government Accountability Office report on permits to drill.
                 TITLE III--PERMITTING FOR MINING NEEDS

Sec. 301. Definitions.
Sec. 302. Minerals supply chain and reliability.
Sec. 303. Federal register process improvement.
Sec. 304. Designation of mining as a covered sector for Federal 
                            permitting improvement purposes.
Sec. 305. Treatment of actions under presidential determination 2022-11 
                            for Federal permitting improvement 
                            purposes.
Sec. 306. Notice for mineral exploration activities with limited 
                            surface disturbance.
Sec. 307. Use of mining claims for ancillary activities.
Sec. 308. Ensuring consideration of uranium as a critical mineral.
                  TITLE IV--FEDERAL LAND USE PLANNING

Sec. 401. Federal land use planning and withdrawals.
Sec. 402. Prohibitions on delay of mineral development of certain 
                            Federal land.
Sec. 403. Definitions.
           TITLE V--ENSURING COMPETITIVENESS ON FEDERAL LANDS

Sec. 501. Incentivizing domestic production.
                    TITLE VI--ENERGY REVENUE SHARING

Sec. 601. Gulf of Mexico Outer Continental Shelf revenue.
Sec. 602. Parity in offshore wind revenue sharing.
Sec. 603. Elimination of administrative fee under the Mineral Leasing 
                            Act.

          TITLE I--ONSHORE AND OFFSHORE LEASING AND OVERSIGHT

SEC. 101. ONSHORE OIL AND GAS LEASING.

    (a) Requirement To Immediately Resume Onshore Oil and Gas Lease 
Sales.--
            (1) In general.--The Secretary of the Interior shall 
        immediately resume quarterly onshore oil and gas lease sales in 
        compliance with the Mineral Leasing Act (30 U.S.C. 181 et 
        seq.).
            (2) Requirement.--The Secretary of the Interior shall 
        ensure--
                    (A) that any oil and gas lease sale pursuant to 
                paragraph (1) is conducted immediately on completion of 
                all applicable scoping, public comment, and 
                environmental analysis requirements under the Mineral 
                Leasing Act (30 U.S.C. 181 et seq.) and the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.); and
                    (B) that the processes described in subparagraph 
                (A) are conducted in a timely manner to ensure 
                compliance with subsection (b)(1).
            (3) Lease of oil and gas lands.--Section 17(b)(1)(A) of the 
        Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended by 
        inserting ``Eligible lands comprise all lands subject to 
        leasing under this Act and not excluded from leasing by a 
        statutory or regulatory prohibition. Available lands are those 
        lands that have been designated as open for leasing under a 
        land use plan developed under section 202 of the Federal Land 
        Policy and Management Act of 1976 and that have been nominated 
        for leasing through the submission of an expression of 
        interest, are subject to drainage in the absence of leasing, or 
        are otherwise designated as available pursuant to regulations 
        adopted by the Secretary.'' after ``sales are necessary.''.
    (b) Quarterly Lease Sales.--
            (1) In general.--In accordance with the Mineral Leasing Act 
        (30 U.S.C. 181 et seq.), each fiscal year, the Secretary of the 
        Interior shall conduct a minimum of four oil and gas lease 
        sales in each of the following States:
                    (A) Wyoming.
                    (B) New Mexico.
                    (C) Colorado.
                    (D) Utah.
                    (E) Montana.
                    (F) North Dakota.
                    (G) Oklahoma.
                    (H) Nevada.
                    (I) Alaska.
                    (J) Any other State in which there is land 
                available for oil and gas leasing under the Mineral 
                Leasing Act (30 U.S.C. 181 et seq.) or any other 
                mineral leasing law.
            (2) Requirement.--In conducting a lease sale under 
        paragraph (1) in a State described in that paragraph, the 
        Secretary of the Interior shall offer all parcels nominated and 
        eligible pursuant to the requirements of the Mineral Leasing 
        Act (30 U.S.C. 181 et seq.) for oil and gas exploration, 
        development, and production under the resource management plan 
        in effect for the State.
            (3) Replacement sales.--The Secretary of the Interior shall 
        conduct a replacement sale during the same fiscal year if--
                    (A) a lease sale under paragraph (1) is canceled, 
                delayed, or deferred, including for a lack of eligible 
                parcels; or
                    (B) during a lease sale under paragraph (1) the 
                percentage of acreage that does not receive a bid is 
                equal to or greater than 25 percent of the acreage 
                offered.
            (4) Notice regarding missed sales.--Not later than 30 days 
        after a sale required under this subsection is canceled, 
        delayed, deferred, or otherwise missed the Secretary of the 
        Interior shall submit to the Committee on Natural Resources of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate a report that states what sale 
        was missed and why it was missed.

SEC. 102. LEASE REINSTATEMENT.

    The reinstatement of a lease entered into under the Mineral Leasing 
Act (30 U.S.C. 181 et seq.) or the Geothermal Steam Act of 1970 (30 
U.S.C. 1001 et seq.) by the Secretary shall be not considered a major 
Federal action under section 102(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

SEC. 103. PROTESTED LEASE SALES.

    Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 
226(b)(1)(A)) is amended by inserting ``The Secretary shall resolve any 
protest to a lease sale not later than 60 days after such payment.'' 
after ``annual rental for the first lease year.''.

SEC. 104. SUSPENSION OF OPERATIONS.

    Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by 
adding at the end the following:
    ``(r) Suspension of Operations Permits.--In the event that an oil 
and gas lease owner has submitted an expression of interest for 
adjacent acreage that is part of the nature of the geological play and 
has yet to be offered in a lease sale by the Secretary, they may 
request a suspension of operations from the Secretary of the Interior 
and upon request, the Secretary shall grant the suspension of 
operations within 15 days. Any payment of acreage rental or of minimum 
royalty prescribed by such lease likewise shall be suspended during 
such period of suspension of operations and production; and the term of 
such lease shall be extended by adding any such suspension period 
thereto.''.

SEC. 105. ADMINISTRATIVE PROTEST PROCESS REFORM.

    Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is further 
amended by adding at the end the following:
    ``(s) Protest Filing Fee.--
            ``(1) In general.--Before processing any protest filed 
        under this section, the Secretary shall collect a filing fee in 
        the amount described in paragraph (2) from the protestor to 
        recover the cost for processing documents filed for each 
        administrative protest.
            ``(2) Amount.--The amount described in this paragraph is 
        calculated as follows:
                    ``(A) For each protest filed in a submission not 
                exceeding 10 pages in length, the base filing fee shall 
                be $150.
                    ``(B) For each submission exceeding 10 pages in 
                length, in addition to the base filing fee, an 
                assessment of $5 per page in excess of 10 pages shall 
                apply.
                    ``(C) For protests that include more than one oil 
                and gas lease parcel, right-of-way, or application for 
                permit to drill in a submission, an additional 
                assessment of $10 per additional lease parcel, right-
                of-way, or application for permit to drill shall apply.
            ``(3) Adjustment.--
                    ``(A) In general.--Beginning on January 1, 2022, 
                and annually thereafter, the Secretary shall adjust the 
                filing fees established in this subsection to whole 
                dollar amounts to reflect changes in the Producer Price 
                Index, as published by the Bureau of Labor Statistics, 
                for the previous 12 months.
                    ``(B) Publication of adjusted filing fees.--At 
                least 30 days before the filing fees as adjusted under 
                this paragraph take effect, the Secretary shall publish 
                notification of the adjustment of such fees in the 
                Federal Register.''.

SEC. 106. LEASING AND PERMITTING TRANSPARENCY.

    (a) Report.--Not later than 30 days after the date of the enactment 
of this section, and annually thereafter, the Secretary of the Interior 
shall submit to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate a report that describes--
            (1) the status of nominated parcels for future onshore oil 
        and gas and geothermal lease sales, including--
                    (A) the number of expressions of interest received 
                each month during the period of 365 days that ends on 
                the date on which the report is submitted with respect 
                to which the Bureau of Land Management--
                            (i) has not taken any action to review;
                            (ii) has not completed review; or
                            (iii) has completed review and determined 
                        that the relevant area meets all applicable 
                        requirements for leasing, but has not offered 
                        the relevant area in a lease sale;
                    (B) how long expressions of interest described in 
                subparagraph (A) have been pending; and
                    (C) a plan, including timelines, for how the 
                Secretary of the Interior plans to--
                            (i) work through future expressions of 
                        interest to prevent delays;
                            (ii) put expressions of interest described 
                        in subparagraph (A) into a lease sale; and
                            (iii) complete review for expressions of 
                        interest described in clauses (i) and (ii) of 
                        subparagraph (A);
            (2) the status of each pending application for permit to 
        drill received during the period of 365 days that ends on the 
        date on which the report is submitted, including the number of 
        applications received each month, by each Bureau of Land 
        Management office, including--
                    (A) a description of the cause of delay for pending 
                applications, including as a result of staffing 
                shortages, technical limitations, incomplete 
                applications, and incomplete review pursuant to the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) or other applicable laws;
                    (B) the number of days an application has been 
                pending in violation of section 17(p)(2) of the Mineral 
                Leasing Act (30 U.S.C. 226(p)(2)); and
                    (C) a plan for how the office intends to come into 
                compliance with the requirements of section 17(p)(2) of 
                the Mineral Leasing Act (30 U.S.C. 226(p)(2));
            (3) the number of permits to drill issued each month by 
        each Bureau of Land Management office during the 5-year period 
        ending on the date on which the report is submitted;
            (4) the status of each pending application for a license 
        for offshore geological and geophysical surveys received during 
        the period of 365 days that ends on the date on which the 
        report is submitted, including the number of applications 
        received each month, by each Bureau of Ocean Energy management 
        regional office, including--
                    (A) a description of any cause of delay for pending 
                applications, including as a result of staffing 
                shortages, technical limitations, incomplete 
                applications, and incomplete review pursuant to the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) or other applicable laws;
                    (B) the number of days an application has been 
                pending; and
                    (C) a plan for how the Bureau of Ocean Energy 
                Management intends to complete review of each 
                application;
            (5) the number of licenses for offshore geological and 
        geophysical surveys issued each month by each Bureau of Ocean 
        Energy Management regional office during the 5-year period 
        ending on the date on which the report is submitted;
            (6) the status of each pending application for a permit to 
        drill received during the period of 365 days that ends on the 
        date on which the report is submitted, including the number of 
        applications received each month, by each Bureau of Safety and 
        Environmental Enforcement regional office, including--
                    (A) a description of any cause of delay for pending 
                applications, including as a result of staffing 
                shortages, technical limitations, incomplete 
                applications, and incomplete review pursuant to the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) or other applicable laws;
                    (B) the number of days an application has been 
                pending; and
                    (C) steps the Bureau of Safety and Environmental 
                Enforcement is taking to complete review of each 
                application;
            (7) the number of permits to drill issued each month by 
        each Bureau of Safety and Environmental Enforcement regional 
        office during the period of 365 days that ends on the date on 
        which the report is submitted;
            (8) how, as applicable, the Bureau of Land Management, the 
        Bureau of Ocean Energy Management, and the Bureau of Safety and 
        Environmental Enforcement determines whether to--
                    (A) issue a license for geological and geophysical 
                surveys;
                    (B) issue a permit to drill; and
                    (C) issue, extend, or suspend an oil and gas lease;
            (9) when determinations described in paragraph (8) are sent 
        to the national office of the Bureau of Land Management, the 
        Bureau of Ocean Energy Management, or the Bureau of Safety and 
        Environmental Enforcement for final approval;
            (10) the degree to which Bureau of Land Management, Bureau 
        of Ocean Energy Management, and Bureau of Safety and 
        Environmental Enforcement field, State, and regional offices 
        exercise discretion on such final approval;
            (11) during the period of 365 days that ends on the date on 
        which the report is submitted, the number of auctioned leases 
        receiving accepted bids that have not been issued to winning 
        bidders and the number of days such leases have not been 
        issued; and
            (12) a description of the uses of application for permit to 
        drill fees paid by permit holders during the 5-year period 
        ending on the date on which the report is submitted.
    (b) Pending Applications for Permits To Drill.--Not later than 30 
days after the date of the enactment of this section, the Secretary of 
the Interior shall--
            (1) complete all requirements under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
        other applicable law that must be met before issuance of a 
        permit to drill described in paragraph (2); and
            (2) issue a permit for all completed applications to drill 
        that are pending on the date of the enactment of this Act.
    (c) Public Availability of Data.--
            (1) Mineral leasing act.--Section 17 of the Mineral Leasing 
        Act (30 U.S.C. 226) is further amended by adding at the end the 
        following:
    ``(t) Public Availability of Data.--
            ``(1) Expressions of interest.--Not later than 30 days 
        after the date of the enactment of this subsection, and each 
        month thereafter, the Secretary shall publish on the website of 
        the Department of the Interior the number of pending, approved, 
        and not approved expressions of interest in nominated parcels 
        for future onshore oil and gas lease sales in the preceding 
        month.
            ``(2) Applications for permits to drill.--Not later than 30 
        days after the date of the enactment of this subsection, and 
        each month thereafter, the Secretary shall publish on the 
        website of the Department of the Interior the number of pending 
        and approved applications for permits to drill in the preceding 
        month in each State office.
            ``(3) Past data.--Not later than 30 days after the date of 
        the enactment of this subsection, the Secretary shall publish 
        on the website of the Department of the Interior, with respect 
        to each month during the 5-year period ending on the date of 
        the enactment of this subsection--
                    ``(A) the number of approved and not approved 
                expressions of interest for onshore oil and gas lease 
                sales during such 5-year period; and
                    ``(B) the number of approved and not approved 
                applications for permits to drill during such 5-year 
                period.''.
            (2) Outer continental shelf lands act.--Section 8 of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended 
        by adding at the end the following:
    ``(q) Public Availability of Data.--
            ``(1) Offshore geological and geophysical survey 
        licenses.--Not later than 30 days after the date of the 
        enactment of this subsection, and each month thereafter, the 
        Secretary shall publish on the website of the Department of the 
        Interior the number of pending and approved applications for 
        licenses for offshore to geological and geophysical surveys in 
        the preceding month.
            ``(2) Applications for permits to drill.--Not later than 30 
        days after the date of the enactment of this subsection, and 
        each month thereafter, the Secretary shall publish on the 
        website of the Department of the Interior the number of pending 
        and approved applications for permits to drill on the outer 
        Continental Shelf in the preceding month in each regional 
        office.
            ``(3) Past data.--Not later than 30 days after the date of 
        the enactment of this subsection, the Secretary shall publish 
        on the website of the Department of the Interior, with respect 
        each month during the 5-year period ending on the date of the 
        enactment of this subsection--
                    ``(A) the number of approved applications for 
                licenses for offshore geological and geophysical 
                surveys; and
                    ``(B) the number of approved applications for 
                permits to drill on the outer Continental Shelf.''.
    (d) Requirement To Submit Documents and Communications.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this section, the Secretary of the Interior 
        shall submit to the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Natural Resources of the 
        House of Representatives all documents and communications 
        relating to the comprehensive review of Federal oil and gas 
        permitting and leasing practices required under section 208 of 
        Executive Order 14008 (86 Fed. Reg. 7624; relating to tackling 
        the climate crisis at home and abroad).
            (2) Inclusions.--The submission under paragraph (1) shall 
        include all documents and communications submitted to the 
        Secretary of the Interior by members of the public in response 
        to any public meeting or forum relating to the comprehensive 
        review described in that paragraph.

SEC. 107. OFFSHORE OIL AND GAS LEASING.

    (a) In General.--The Secretary shall conduct all lease sales 
described in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing 
Proposed Final Program (November 2016) that have not been conducted as 
of the date of the enactment of this Act by not later than September 
30, 2023.
    (b) Gulf of Mexico Region Annual Lease Sales.--Notwithstanding any 
other provision of law, and except within areas subject to existing oil 
and gas leasing moratoria beginning in fiscal year 2023, the Secretary 
of the Interior shall annually conduct a minimum of 2 region-wide oil 
and gas lease sales in the following planning areas of the Gulf of 
Mexico region, as described in the 2017-2022 Outer Continental Shelf 
Oil and Gas Leasing Proposed Final Program (November 2016):
            (1) The Central Gulf of Mexico Planning Area.
            (2) The Western Gulf of Mexico Planning Area.
    (c) Alaska Region Annual Lease Sales.--Notwithstanding any other 
provision of law, beginning in fiscal year 2023, the Secretary of the 
Interior shall annually conduct a minimum of 2 region-wide oil and gas 
lease sales in the Alaska region of the Outer Continental Shelf, as 
described in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing 
Proposed Final Program (November 2016).
    (d) Requirements.--In conducting lease sales under subsections (b) 
and (c), the Secretary of the Interior shall--
            (1) issue such leases in accordance with the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1332 et seq.); and
            (2) include in each such lease sale all unleased areas that 
        are not subject to a moratorium as of the date of the lease 
        sale.

SEC. 108. FIVE-YEAR PLAN FOR OFFSHORE OIL AND GAS LEASING.

    Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344) is amended--
            (1) in subsection (a)--
                    (A) by striking ``subsections (c) and (d) of this 
                section, shall prepare and periodically revise,'' and 
                inserting ``this section, shall issue every five 
                years'';
                    (B) by adding at the end the following:
            ``(5) Each five-year program shall include at least two 
        Gulf of Mexico region-wide lease sales per year.''; and
                    (C) in paragraph (3), by inserting ``domestic 
                energy security,'' after ``between'';
            (2) by redesignating subsections (f) through (i) as 
        subsections (h) through (k), respectively; and
            (3) by inserting after subsection (e) the following:
    ``(f) Five-Year Program for 2023-2028.--The Secretary shall issue 
the five-year oil and gas leasing program for 2023 through 2028 and 
issue the Record of Decision on the Final Programmatic Environmental 
Impact Statement by not later than July 1, 2023.
    ``(g) Subsequent Leasing Programs.--
            ``(1) In general.--Not later than 36 months after 
        conducting the first lease sale under an oil and gas leasing 
        program prepared pursuant to this section, the Secretary shall 
        begin preparing the subsequent oil and gas leasing program 
        under this section.
            ``(2) Requirement.--Each subsequent oil and gas leasing 
        program under this section shall be approved by not later than 
        180 days before the expiration of the previous oil and gas 
        leasing program.''.

SEC. 109. GEOTHERMAL LEASING.

    (a) Annual Leasing.--Section 4(b) of the Geothermal Steam Act of 
1970 (30 U.S.C. 1003(b)) is amended--
            (1) in paragraph (2), by striking ``2 years'' and inserting 
        ``year'';
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6), respectively; and
            (3) after paragraph (2), by inserting the following:
            ``(3) Replacement sales.--If a lease sale under paragraph 
        (1) for a year is canceled or delayed, the Secretary of the 
        Interior shall conduct a replacement sale during the same year.
            ``(4) Requirement.--In conducting a lease sale under 
        paragraph (2) in a State described in that paragraph, the 
        Secretary of the Interior shall offer all nominated parcels 
        eligible for geothermal development and utilization under the 
        resource management plan in effect for the State.''.
    (b) Deadlines for Consideration of Geothermal Drilling Permits.--
Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is 
amended by adding at the end the following:
    ``(h) Deadlines for Consideration of Geothermal Drilling Permits.--
            ``(1) Notice.--Not later than 30 days after the date on 
        which the Secretary receives an application for any geothermal 
        drilling permit, the Secretary shall--
                    ``(A) provide written notice to the applicant that 
                the application is complete; or
                    ``(B) notify the applicant that information is 
                missing and specify any information that is required to 
                be submitted for the application to be complete.
            ``(2) Issuance of decision.--If the Secretary determines 
        that an application for a geothermal drilling permit is 
        complete under paragraph (1)(A), the Secretary shall issue a 
        final decision on the application not later than 30 days after 
        the Secretary notifies the applicant that the application is 
        complete.''.

SEC. 110. LEASING FOR CERTAIN QUALIFIED COAL APPLICATIONS.

    (a) Definitions.--In this section:
            (1) Coal lease.--The term ``coal lease'' means a lease 
        entered into by the United States as lessor, through the Bureau 
        of Land Management, and the applicant on Bureau of Land 
        Management Form 3400-012.
            (2) Qualified application.--The term ``qualified 
        application'' means any application pending under the lease by 
        application program administered by the Bureau of Land 
        Management pursuant to the Mineral Leasing Act (30 U.S.C. 181 
        et seq.) and subpart 3425 of title 43, Code of Federal 
        Regulations (as in effect on the date of the enactment of this 
        Act), for which the environmental review process under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) has commenced.
    (b) Mandatory Leasing and Other Required Approvals.--As soon as 
practicable after the date of the enactment of this Act, the Secretary 
shall promptly--
            (1) with respect to each qualified application--
                    (A) if not previously published for public comment, 
                publish a draft environmental assessment, as required 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) and any applicable implementing 
                regulations;
                    (B) finalize the fair market value of the coal 
                tract for which a lease by application is pending;
                    (C) take all intermediate actions necessary to 
                grant the qualified application; and
                    (D) grant the qualified application; and
            (2) with respect to previously awarded coal leases, grant 
        any additional approvals of the Department of the Interior or 
        any bureau, agency, or division of the Department of the 
        Interior required for mining activities to commence.

SEC. 111. FUTURE COAL LEASING.

    Notwithstanding any judicial decision to the contrary or a 
departmental review of the Federal coal leasing program, Secretarial 
Order 3338, issued by the Secretary of the Interior on January 15, 
2016, shall have no force or effect.

SEC. 112. STAFF PLANNING REPORT.

    The Secretary of the Interior and the Secretary of Agriculture 
shall each annually submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report on the staffing capacity of each 
respective agency with respect to issuing oil, gas, hardrock mining, 
coal, and renewable energy leases, rights-of-way, claims, easements, 
and permits. Each such report shall include--
            (1) the number of staff assigned to process and issue oil, 
        gas, hardrock mining, coal, and renewable energy leases, 
        rights-of-way, claims, easements, and permits;
            (2) a description of how many staff are needed to meet 
        statutory requirements for such oil, gas, hardrock mining, 
        coal, and renewable energy leases, rights-of-way, claims, 
        easements, and permits; and
            (3) how, as applicable, the Department of the Interior or 
        the Department of Agriculture plans to address staffing 
        shortfalls and turnover to ensure adequate staffing to process 
        and issue such oil, gas, hardrock mining, coal, and renewable 
        energy leases, rights-of-way, claims, easements, and permits.

                   TITLE II--PERMITTING STREAMLINING

SEC. 201. DEFINITIONS.

    In this title:
            (1) Energy facility.--The term ``energy facility'' means a 
        facility the primary purpose of which is the exploration for, 
        or the development, production, conversion, gathering, storage, 
        transfer, processing, or transportation of, any energy 
        resource.
            (2) Energy storage device.--The term ``energy storage 
        device''--
                    (A) means any equipment that stores energy, 
                including electricity, compressed air, pumped water, 
                heat, and hydrogen, which may be converted into, or 
                used to produce, electricity; and
                    (B) includes a battery, regenerative fuel cell, 
                flywheel, capacitor, superconducting magnet, and any 
                other equipment the Secretary concerned determines may 
                be used to store energy which may be converted into, or 
                used to produce, electricity.
            (3) Public lands.--The term ``public lands'' means any land 
        and interest in land owned by the United States within the 
        several States and administered by the Secretary of the 
        Interior or the Secretary of Agriculture without regard to how 
        the United States acquired ownership, except--
                    (A) lands located on the Outer Continental Shelf; 
                and
                    (B) lands held in trust by the United States for 
                the benefit of Indians, Indian Tribes, Aleuts, and 
                Eskimos.
            (4) Right-of-way.--The term ``right-of-way'' means--
                    (A) a right-of-way issued, granted, or renewed 
                under section 501 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1761); or
                    (B) a right-of-way granted under section 28 of the 
                Mineral Leasing Act (30 U.S.C. 185).
            (5) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to public lands, the Secretary of 
                the Interior; and
                    (B) with respect to National Forest System lands, 
                the Secretary of Agriculture.
            (6) Land use plan.--The term ``land use plan'' means--
                    (A) a land and resource management plan prepared by 
                the Forest Service for a unit of the National Forest 
                System pursuant to section 6 of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1604);
                    (B) a Land Management Plan developed by the Bureau 
                of Land Management under the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1701 et seq.); or
                    (C) a comprehensive conservation plan developed by 
                the United States Fish and Wildlife Service under 
                section 4(e)(1)(A) of the National Wildlife Refuge 
                System Administration Act of 1966 (16 U.S.C. 
                668dd(e)(1)(A)).

SEC. 202. BUILDER ACT.

    (a) Paragraph (2) of Section 102.--Section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
            (1) in subparagraph (A), by striking ``insure'' and 
        inserting ``ensure'';
            (2) in subparagraph (B), by striking ``insure'' and 
        inserting ``ensure'';
            (3) in subparagraph (C)--
                    (A) by inserting ``consistent with the provisions 
                of this Act and except as provided by other provisions 
                of law,'' before ``include in every'';
                    (B) by striking clauses (i) through (v) and 
                inserting the following:
                    ``(i) reasonably foreseeable environmental effects 
                with a reasonably close causal relationship to the 
                proposed agency action;
                    ``(ii) any reasonably foreseeable adverse 
                environmental effects which cannot be avoided should 
                the proposal be implemented;
                    ``(iii) a reasonable number of alternatives to the 
                proposed agency action, including an analysis of any 
                negative environmental impacts of not implementing the 
                proposed agency action in the case of a no action 
                alternative, that are technically and economically 
                feasible, are within the jurisdiction of the agency, 
                meet the purpose and need of the proposal, and, where 
                applicable, meet the goals of the applicant;
                    ``(iv) the relationship between local short-term 
                uses of man's environment and the maintenance and 
                enhancement of long-term productivity; and
                    ``(v) any irreversible and irretrievable 
                commitments of Federal resources which would be 
                involved in the proposed agency action should it be 
                implemented.''; and
                    (C) by striking ``the responsible Federal 
                official'' and inserting ``the head of the lead 
                agency'';
            (4) in subparagraph (D), by striking ``Any'' and inserting 
        ``any'';
            (5) by redesignating subparagraphs (D) through (I) as 
        subparagraphs (F) through (K), respectively;
            (6) by inserting after subparagraph (C) the following:
            ``(D) ensure the professional integrity, including 
        scientific integrity, of the discussion and analysis in an 
        environmental document;
            ``(E) make use of reliable existing data and resources in 
        carrying out this Act;'';
            (7) by amending subparagraph (G), as redesignated, to read 
        as follows:
            ``(G) consistent with the provisions of this Act, study, 
        develop, and describe technically and economically feasible 
        alternatives within the jurisdiction and authority of the 
        agency;''; and
            (8) in subparagraph (H), as amended, by inserting 
        ``consistent with the provisions of this Act,'' before 
        ``recognize''.
    (b) New Sections.--Title I of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) is amended by adding at the end the 
following:

``SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW.

    ``(a) Threshold Determinations.--An agency is not required to 
prepare an environmental document with respect to a proposed agency 
action if--
            ``(1) the proposed agency action is not a final agency 
        action within the meaning of such term in chapter 5 of title 5, 
        United States Code;
            ``(2) the proposed agency action is covered by a 
        categorical exclusion established by a Federal agency or by 
        another provision of law;
            ``(3) the preparation of such document would clearly and 
        fundamentally conflict with the requirements of another 
        provision of law;
            ``(4) the proposed agency action is, in whole or in part, a 
        nondiscretionary action with respect to which such agency does 
        not have authority to take environmental factors into 
        consideration in determining whether to take the proposed 
        action;
            ``(5) the proposed agency action is a rulemaking that is 
        subject to section 553 of title 5, United States Code; or
            ``(6) the proposed agency action is an action for which 
        such agency's compliance with another statute's requirements 
        serve the same or similar function as the requirements of this 
        Act with respect to such action.
    ``(b) Levels of Review.--
            ``(1) Environmental impact statement.--An agency shall 
        issue an environmental impact statement with respect to a 
        proposed agency action that has a significant effect on the 
        quality of the human environment.
            ``(2) Environmental assessment.--An agency shall prepare an 
        environmental assessment with respect to a proposed agency 
        action that is not likely to have a significant effect on the 
        quality of the human environment, or if the significance of 
        such effect is unknown. Such environmental assessment shall be 
        a concise public document prepared by a Federal agency to set 
        forth the basis of such agency's finding of no significant 
        impact.
            ``(3) Sources of information.--In making a determination 
        under this subsection, an agency--
                    ``(A) may make use of any reliable data source; and
                    ``(B) is not required to undertake new scientific 
                or technical research.

``SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS.

    ``(a) Lead Agency.--
            ``(1) Designation.--
                    ``(A) In general.--If there are two or more 
                involved Federal agencies, such agencies shall 
                determine, by letter or memorandum, which agency shall 
                be the lead agency based on consideration of the 
                following factors:
                            ``(i) Magnitude of agency's involvement.
                            ``(ii) Project approval or disapproval 
                        authority.
                            ``(iii) Expertise concerning the action's 
                        environmental effects.
                            ``(iv) Duration of agency's involvement.
                            ``(v) Sequence of agency's involvement.
                    ``(B) Joint lead agencies.--In making a 
                determination under subparagraph (A), the involved 
                Federal agencies may, in addition to a Federal agency, 
                appoint such Federal, State, Tribal, or local agencies 
                as joint lead agencies as the involved Federal agencies 
                shall determine appropriate. Joint lead agencies shall 
                jointly fulfill the role described in paragraph (2).
                    ``(C) Mineral projects.--This paragraph shall not 
                apply with respect to a mineral exploration or mine 
                permit.
            ``(2) Role.--A lead agency shall, with respect to a 
        proposed agency action--
                    ``(A) supervise the preparation of an environmental 
                document if, with respect to such proposed agency 
                action, there is more than one involved Federal agency;
                    ``(B) request the participation of each cooperating 
                agency at the earliest practicable time;
                    ``(C) in preparing an environmental document, give 
                consideration to any analysis or proposal created by a 
                cooperating agency with jurisdiction by law or a 
                cooperating agency with special expertise;
                    ``(D) develop a schedule, in consultation with each 
                involved cooperating agency, the applicant, and such 
                other entities as the lead agency determines 
                appropriate, for completion of any environmental 
                review, permit, or authorization required to carry out 
                the proposed agency action;
                    ``(E) if the lead agency determines that a review, 
                permit, or authorization will not be completed in 
                accordance with the schedule developed under 
                subparagraph (D), notify the agency responsible for 
                issuing such review, permit, or authorization of the 
                discrepancy and request that such agency take such 
                measures as such agency determines appropriate to 
                comply with such schedule; and
                    ``(F) meet with a cooperating agency that requests 
                such a meeting.
            ``(3) Cooperating agency.--The lead agency may, with 
        respect to a proposed agency action, designate any involved 
        Federal agency or a State, Tribal, or local agency as a 
        cooperating agency. A cooperating agency may, not later than a 
        date specified by the lead agency, submit comments to the lead 
        agency. Such comments shall be limited to matters relating to 
        the proposed agency action with respect to which such agency 
        has special expertise or jurisdiction by law with respect to an 
        environmental issue.
            ``(4) Request for designation.--Any Federal, State, Tribal, 
        or local agency or person that is substantially affected by the 
        lack of a designation of a lead agency with respect to a 
        proposed agency action under paragraph (1) may submit a written 
        request for such a designation to an involved Federal agency. 
        An agency that receives a request under this paragraph shall 
        transmit such request to each involved Federal agency and to 
        the Council.
            ``(5) Council designation.--
                    ``(A) Request.--Not earlier than 45 days after the 
                date on which a request is submitted under paragraph 
                (4), if no designation has been made under paragraph 
                (1), a Federal, State, Tribal, or local agency or 
                person that is substantially affected by the lack of a 
                designation of a lead agency may request that the 
                Council designate a lead agency. Such request shall 
                consist of--
                            ``(i) a precise description of the nature 
                        and extent of the proposed agency action; and
                            ``(ii) a detailed statement with respect to 
                        each involved Federal agency and each factor 
                        listed in paragraph (1) regarding which agency 
                        should serve as lead agency.
                    ``(B) Transmission.--The Council shall transmit a 
                request received under subparagraph (A) to each 
                involved Federal agency.
                    ``(C) Response.--An involved Federal agency may, 
                not later than 20 days after the date of the submission 
                of a request under subparagraph (A), submit to the 
                Council a response to such request.
                    ``(D) Designation.--Not later than 40 days after 
                the date of the submission of a request under 
                subparagraph (A), the Council shall designate the lead 
                agency with respect to the relevant proposed agency 
                action.
    ``(b) One Document.--
            ``(1) Document.--To the extent practicable, if there are 2 
        or more involved Federal agencies with respect to a proposed 
        agency action and the lead agency has determined that an 
        environmental document is required, such requirement shall be 
        deemed satisfied with respect to all involved Federal agencies 
        if the lead agency issues such an environmental document.
            ``(2) Consideration timing.--In developing an environmental 
        document for a proposed agency action, no involved Federal 
        agency shall be required to consider any information that 
        becomes available after the sooner of, as applicable--
                    ``(A) receipt of a complete application with 
                respect to such proposed agency action; or
                    ``(B) publication of a notice of intent or decision 
                to prepare an environmental impact statement for such 
                proposed agency action.
            ``(3) Scope of review.--In developing an environmental 
        document for a proposed agency action, the lead agency and any 
        other involved Federal agencies shall only consider the effects 
        of the proposed agency action that--
                    ``(A) occur on Federal land; or
                    ``(B) are subject to Federal control and 
                responsibility.
    ``(c) Request for Public Comment.--Each notice of intent to prepare 
an environmental impact statement under section 102 shall include a 
request for public comment on alternatives or impacts and on relevant 
information, studies, or analyses with respect to the proposed agency 
action.
    ``(d) Statement of Purpose and Need.--Each environmental impact 
statement shall include a statement of purpose and need that briefly 
summarizes the underlying purpose and need for the proposed agency 
action.
    ``(e) Estimated Total Cost.--The cover sheet for each environmental 
impact statement shall include a statement of the estimated total cost 
of preparing such environmental impact statement, including the costs 
of agency full-time equivalent personnel hours, contractor costs, and 
other direct costs.
    ``(f) Page Limits.--
            ``(1) Environmental impact statements.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an environmental impact statement 
                shall not exceed 150 pages, not including any citations 
                or appendices.
                    ``(B) Extraordinary complexity.--An environmental 
                impact statement for a proposed agency action of 
                extraordinary complexity shall not exceed 300 pages, 
                not including any citations or appendices.
            ``(2) Environmental assessments.--An environmental 
        assessment shall not exceed 75 pages, not including any 
        citations or appendices.
    ``(g) Sponsor Preparation.--A lead agency shall allow a project 
sponsor to prepare an environmental assessment or an environmental 
impact statement upon request of the project sponsor. Such agency may 
provide such sponsor with appropriate guidance and assist in the 
preparation. The lead agency shall independently evaluate the 
environmental document and shall take responsibility for the contents 
upon adoption.
    ``(h) Deadlines.--
            ``(1) In general.--Except as provided in paragraph (2), 
        with respect to a proposed agency action, a lead agency shall 
        complete, as applicable--
                    ``(A) the environmental impact statement not later 
                than the date that is 2 years after the sooner of, as 
                applicable--
                            ``(i) the date on which such agency 
                        determines that section 102(2)(C) requires the 
                        issuance of an environmental impact statement 
                        with respect to such action;
                            ``(ii) the date on which such agency 
                        notifies the applicant that the application to 
                        establish a right-of-way for such action is 
                        complete; and
                            ``(iii) the date on which such agency 
                        issues a notice of intent to prepare the 
                        environmental impact statement for such action; 
                        and
                    ``(B) the environmental assessment not later than 
                the date that is 1 year after the sooner of, as 
                applicable--
                            ``(i) the date on which such agency 
                        determines that section 106(b)(2) requires the 
                        preparation of an environmental assessment with 
                        respect to such action;
                            ``(ii) the date on which such agency 
                        notifies the applicant that the application to 
                        establish a right-of-way for such action is 
                        complete; and
                            ``(iii) the date on which such agency 
                        issues a notice of intent to prepare the 
                        environmental assessment for such action.
            ``(2) Delay.--A lead agency that determines it is not able 
        to meet the deadline described in paragraph (1) may extend such 
        deadline with the approval of the applicant. If the applicant 
        approves such an extension, the lead agency shall establish a 
        new deadline that provides only so much additional time as is 
        necessary to complete such environmental impact statement or 
        environmental assessment.
            ``(3) Expenditures for delay.--If a lead agency is unable 
        to meet the deadline described in paragraph (1) or extended 
        under paragraph (2), the lead agency must pay $100 per day, to 
        the extent funding is provided in advance in an appropriations 
        Act, out of the office of the head of the department of the 
        lead agency to the applicant starting on the first day 
        immediately following the deadline described in paragraph (1) 
        or extended under paragraph (2) up until the date that an 
        applicant approves a new deadline. This paragraph does not 
        apply when the lead agency misses a deadline solely due to 
        delays caused by litigation.
    ``(i) Report.--
            ``(1) In general.--The head of each lead agency shall 
        annually submit to the Committee on Natural Resources of the 
        House of Representatives and the Committee on Environment and 
        Public Works of the Senate a report that--
                    ``(A) identifies any environmental assessment and 
                environmental impact statement that such lead agency 
                did not complete by the deadline described in 
                subsection (h); and
                    ``(B) provides an explanation for any failure to 
                meet such deadline.
            ``(2) Inclusions.--Each report submitted under paragraph 
        (1) shall identify, as applicable--
                    ``(A) the office, bureau, division, unit, or other 
                entity within the Federal agency responsible for each 
                such environmental assessment and environmental impact 
                statement;
                    ``(B) the date on which--
                            ``(i) such lead agency notified the 
                        applicant that the application to establish a 
                        right-of-way for the major Federal action is 
                        complete;
                            ``(ii) such lead agency began the scoping 
                        for the major Federal action; or
                            ``(iii) such lead agency issued a notice of 
                        intent to prepare the environmental assessment 
                        or environmental impact statement for the major 
                        Federal action; and
                    ``(C) when such environmental assessment and 
                environmental impact statement is expected to be 
                complete.

``SEC. 108. JUDICIAL REVIEW.

    ``(a) Limitations on Claims.--Notwithstanding any other provision 
of law, a claim arising under Federal law seeking judicial review of 
compliance with this Act, of a determination made under this Act, or of 
Federal action resulting from a determination made under this Act, 
shall be barred unless--
            ``(1) in the case of a claim pertaining to a proposed 
        agency action for which--
                    ``(A) an environmental document was prepared and an 
                opportunity for comment was provided;
                    ``(B) the claim is filed by a party that 
                participated in the administrative proceedings 
                regarding such environmental document; and
                    ``(C) the claim--
                            ``(i) is filed by a party that submitted a 
                        comment during the public comment period for 
                        such administrative proceedings and such 
                        comment was sufficiently detailed to put the 
                        lead agency on notice of the issue upon which 
                        the party seeks judicial review; and
                            ``(ii) is related to such comment;
            ``(2) except as provided in subsection (b), such claim is 
        filed not later than 120 days after the date of publication of 
        a notice in the Federal Register of agency intent to carry out 
        the proposed agency action;
            ``(3) such claim is filed after the issuance of a record of 
        decision or other final agency action with respect to the 
        relevant proposed agency action;
            ``(4) such claim does not challenge the establishment or 
        use of a categorical exclusion under section 102; and
            ``(5) such claim concerns--
                    ``(A) an alternative included in the environmental 
                document; or
                    ``(B) an environmental effect considered in the 
                environmental document.
    ``(b) Supplemental Environmental Impact Statement.--
            ``(1) Separate final agency action.--The issuance of a 
        Federal action resulting from a final supplemental 
        environmental impact statement shall be considered a final 
        agency action for the purposes of chapter 5 of title 5, United 
        States Code, separate from the issuance of any previous 
        environmental impact statement with respect to the same 
        proposed agency action.
            ``(2) Deadline for filing a claim.--A claim seeking 
        judicial review of a Federal action resulting from a final 
        supplemental environmental review issued under section 
        102(2)(C) shall be barred unless--
                    ``(A) such claim is filed within 120 days of the 
                date on which a notice of the Federal agency action 
                resulting from a final supplemental environmental 
                impact statement is issued; and
                    ``(B) such claim is based on information contained 
                in such supplemental environmental impact statement 
                that was not contained in a previous environmental 
                document pertaining to the same proposed agency action.
    ``(c) Prohibition on Injunctive Relief.--Notwithstanding any other 
provision of law, a violation of this Act shall not constitute the 
basis for injunctive relief.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to create a right of judicial review or place any limit on 
filing a claim with respect to the violation of the terms of a permit, 
license, or approval.
    ``(e) Remand.--Notwithstanding any other provision of law, no 
proposed agency action for which an environmental document is required 
shall be vacated or otherwise limited, delayed, or enjoined unless a 
court concludes allowing such proposed action will pose a risk of an 
imminent and substantial environmental harm and there is no other 
equitable remedy available as a matter of law.

``SEC. 109. DEFINITIONS.

    ``In this title:
            ``(1) Categorical exclusion.--The term `categorical 
        exclusion' means a category of actions that a Federal agency 
        has determined normally does not significantly affect the 
        quality of the human environment within the meaning of section 
        102(2)(C).
            ``(2) Cooperating agency.--The term `cooperating agency' 
        means any Federal, State, Tribal, or local agency that has been 
        designated as a cooperating agency under section 107(a)(3).
            ``(3) Council.--The term `Council' means the Council on 
        Environmental Quality established in title II.
            ``(4) Environmental assessment.--The term `environmental 
        assessment' means an environmental assessment prepared under 
        section 106(b)(2).
            ``(5) Environmental document.--The term `environmental 
        document' means an environmental impact statement, an 
        environmental assessment, or a finding of no significant 
        impact.
            ``(6) Environmental impact statement.--The term 
        `environmental impact statement' means a detailed written 
        statement that is required by section 102(2)(C).
            ``(7) Finding of no significant impact.--The term `finding 
        of no significant impact' means a determination by a Federal 
        agency that a proposed agency action does not require the 
        issuance of an environmental impact statement.
            ``(8) Involved federal agency.--The term `involved Federal 
        agency' means an agency that, with respect to a proposed agency 
        action--
                    ``(A) proposed such action; or
                    ``(B) is involved in such action because such 
                action is directly related, through functional 
                interdependence or geographic proximity, to an action 
                such agency has taken or has proposed to take.
            ``(9) Lead agency.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `lead agency' means, with 
                respect to a proposed agency action--
                            ``(i) the agency that proposed such action; 
                        or
                            ``(ii) if there are 2 or more involved 
                        Federal agencies with respect to such action, 
                        the agency designated under section 107(a)(1).
                    ``(B) Specification for mineral exploration or mine 
                permits.--With respect to a proposed mineral 
                exploration or mine permit, the term `lead agency' has 
                the meaning given such term in section 40206(a) of the 
                Infrastructure Investment and Jobs Act.
            ``(10) Major federal action.--
                    ``(A) In general.--The term `major Federal action' 
                means an action that the agency carrying out such 
                action determines is subject to substantial Federal 
                control and responsibility.
                    ``(B) Exclusion.--The term `major Federal action' 
                does not include--
                            ``(i) a non-Federal action--
                                    ``(I) with no or minimal Federal 
                                funding;
                                    ``(II) with no or minimal Federal 
                                involvement where a Federal agency 
                                cannot control the outcome of the 
                                project; or
                                    ``(III) that does not include 
                                Federal land;
                            ``(ii) funding assistance solely in the 
                        form of general revenue sharing funds which do 
                        not provide Federal agency compliance or 
                        enforcement responsibility over the subsequent 
                        use of such funds;
                            ``(iii) loans, loan guarantees, or other 
                        forms of financial assistance where a Federal 
                        agency does not exercise sufficient control and 
                        responsibility over the effect of the action;
                            ``(iv) farm ownership and operating loan 
                        guarantees by the Farm Service Agency pursuant 
                        to sections 305 and 311 through 319 of the 
                        Consolidated Farmers Home Administration Act of 
                        1961 (7 U.S.C. 1925 and 1941 through 1949);
                            ``(v) business loan guarantees provided by 
                        the Small Business Administration pursuant to 
                        section 7(a) or (b) and of the Small Business 
                        Act (15 U.S.C. 636(a)), or title V of the Small 
                        Business Investment Act of 1958 (15 U.S.C. 695 
                        et seq.);
                            ``(vi) bringing judicial or administrative 
                        civil or criminal enforcement actions; or
                            ``(vii) extraterritorial activities or 
                        decisions, which means agency activities or 
                        decisions with effects located entirely outside 
                        of the jurisdiction of the United States.
                    ``(C) Additional exclusions.--An agency action may 
                not be determined to be a major Federal action on the 
                basis of--
                            ``(i) an interstate effect of the action or 
                        related project; or
                            ``(ii) the provision of Federal funds for 
                        the action or related project.
            ``(11) Mineral exploration or mine permit.--The term 
        `mineral exploration or mine permit' has the meaning given such 
        term in section 40206(a) of the Infrastructure Investment and 
        Jobs Act.
            ``(12) Proposal.--The term `proposal' means a proposed 
        action at a stage when an agency has a goal, is actively 
        preparing to make a decision on one or more alternative means 
        of accomplishing that goal, and can meaningfully evaluate its 
        effects.
            ``(13) Reasonably foreseeable.--The term `reasonably 
        foreseeable' means likely to occur--
                    ``(A) not later than 10 years after the lead agency 
                begins preparing the environmental document; and
                    ``(B) in an area directly affected by the proposed 
                agency action such that an individual of ordinary 
                prudence would take such occurrence into account in 
                reaching a decision.
            ``(14) Special expertise.--The term `special expertise' 
        means statutory responsibility, agency mission, or related 
        program experience.''.

SEC. 203. CODIFICATION OF NATIONAL ENVIRONMENTAL POLICY ACT 
              REGULATIONS.

    The revisions to the Code of Federal Regulations made pursuant to 
the final rule of the Council on Environmental Quality titled ``Update 
to the Regulations Implementing the Procedural Provisions of the 
National Environmental Policy Act'' and published on July 16, 2020 (85 
Fed. Reg. 43304), shall have the same force and effect of law as if 
enacted by an Act of Congress.

SEC. 204. NON-MAJOR FEDERAL ACTIONS.

    (a) Exemption.--An action by the Secretary concerned with respect 
to a covered activity shall be not considered a major Federal action 
under section 102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)).
    (b) Covered Activity.--In this section, the term ``covered 
activity'' includes--
            (1) geotechnical investigations;
            (2) off-road travel in an existing right-of-way;
            (3) construction of meteorological towers where the total 
        surface disturbance at the location is less than 5 acres;
            (4) adding a battery or other energy storage device to an 
        existing or planned energy facility, if that storage resource 
        is located within the physical footprint of the existing or 
        planned energy facility;
            (5) drilling temperature gradient wells and other 
        geothermal exploratory wells, including construction or making 
        improvements for such activities, where--
                    (A) the last cemented casing string is less than 12 
                inches in diameter; and
                    (B) the total unreclaimed surface disturbance at 
                any one time within the project area is less than 5 
                acres;
            (6) any repair, maintenance, upgrade, optimization, or 
        minor addition to existing transmission and distribution 
        infrastructure, including--
                    (A) operation, maintenance, or repair of power 
                equipment and structures within existing substations, 
                switching stations, transmission, and distribution 
                lines;
                    (B) the addition, modification, retirement, or 
                replacement of breakers, transmission towers, 
                transformers, bushings, or relays;
                    (C) the voltage uprating, modification, 
                reconductoring with conventional or advanced 
                conductors, and clearance resolution of transmission 
                lines;
                    (D) activities to minimize fire risk, including 
                vegetation management, routine fire mitigation, 
                inspection, and maintenance activities, and removal of 
                hazard trees and other hazard vegetation within or 
                adjacent to an existing right-of-way;
                    (E) improvements to or construction of structure 
                pads for such infrastructure; and
                    (F) access and access route maintenance and repairs 
                associated with any activity described in subparagraph 
                (A) through (E);
            (7) approval of and activities conducted in accordance with 
        operating plans or agreements for transmission and distribution 
        facilities or under a special use authorization for an electric 
        transmission and distribution facility right-of-way; and
            (8) construction, maintenance, realignment, or repair of an 
        existing permanent or temporary access road--
                    (A) within an existing right-of-way or within a 
                transmission or utility corridor established by 
                Congress or in a land use plan;
                    (B) that serves an existing transmission line, 
                distribution line, or energy facility; or
                    (C) activities conducted in accordance with 
                existing onshore oil and gas leases.

SEC. 205. NO NET LOSS DETERMINATION FOR EXISTING RIGHTS-OF-WAY.

    (a) In General.--Upon a determination by the Secretary concerned 
that there will be no overall long-term net loss of vegetation, soil, 
or habitat, as defined by acreage and function, resulting from a 
proposed action, decision, or activity within an existing right-of-way, 
within a right-of-way corridor established in a land use plan, or in an 
otherwise designated right-of-way, that action, decision, or activity 
shall not be considered a major Federal action under section 102(2)(C) 
of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)).
    (b) Inclusion of Remediation.--In making a determination under 
subsection (a), the Secretary concerned shall consider the effect of 
any remediation work to be conducted during the lifetime of the action, 
decision, or activity when determining whether there will be any 
overall long-term net loss of vegetation, soil, or habitat.

SEC. 206. DETERMINATION OF NATIONAL ENVIRONMENTAL POLICY ACT ADEQUACY.

    The Secretary concerned shall use previously completed 
environmental assessments and environmental impact statements to 
satisfy the requirements of section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332) with respect to any major Federal 
action, if such Secretary determines that--
            (1) the new proposed action is substantially the same as a 
        previously analyzed proposed action or alternative analyzed in 
        a previous environmental assessment or environmental impact 
        statement; and
            (2) the effects of the proposed action are substantially 
        the same as the effects analyzed in such existing environmental 
        assessments or environmental impact statements.

SEC. 207. DETERMINATION REGARDING RIGHTS-OF-WAY.

    Not later than 60 days after the Secretary concerned receives an 
application to grant a right-of-way, the Secretary concerned shall 
notify the applicant as to whether the application is complete or 
deficient. If the Secretary concerned determines the application is 
complete, the Secretary concerned may not consider any other 
application to grant a right-of-way on the same or any overlapping 
parcels of land while such application is pending.

SEC. 208. TERMS OF RIGHTS-OF-WAY.

    (a) Fifty-Year Terms for Rights-of-Way.--
            (1) In general.--Any right-of-way for pipelines for the 
        transportation or distribution of oil or gas granted, issued, 
        amended, or renewed under Federal law may be limited to a term 
        of not more than 50 years before such right-of-way is subject 
        to renewal or amendment.
            (2) Federal land policy and management act of 1976.--
        Section 501 of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1761) is amended by adding at the end the 
        following:
    ``(e) Any right-of-way granted, issued, amended, or renewed under 
subsection (a)(4) may be limited to a term of not more than 50 years 
before such right-of-way is subject to renewal or amendment.''.
    (b) Mineral Leasing Act.--Section 28(n) of the Mineral Leasing Act 
(30 U.S.C. 185(n)) is amended by striking ``thirty'' and inserting 
``50''.

SEC. 209. FUNDING TO PROCESS PERMITS AND DEVELOP INFORMATION 
              TECHNOLOGY.

    (a) In General.--In fiscal years 2023 through 2025, the Secretary 
of Agriculture (acting through the Forest Service) and the Secretary of 
the Interior, after public notice, may accept and expend funds 
contributed by non-Federal entities for dedicated staff, information 
resource management, and information technology system development to 
expedite the evaluation of permits, biological opinions, concurrence 
letters, environmental surveys and studies, processing of applications, 
consultations, and other activities for the leasing, development, or 
expansion of an energy facility under the jurisdiction of the 
respective Secretaries.
    (b) Effect on Permitting.--In carrying out this section, the 
Secretary of the Interior shall ensure that the use of funds accepted 
under subsection (a) will not impact impartial decision making with 
respect to permits, either substantively or procedurally.
    (c) Statement for Failure To Accept or Expend Funds.--Not later 
than 60 days after the end of the applicable fiscal year, if the 
Secretary of Agriculture (acting through the Forest Service) or the 
Secretary of the Interior does not accept funds contributed under 
subsection (a) or accepts but does not expend such funds, that 
Secretary shall submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a statement explaining why such funds were not 
accepted, were not expended, or both, as the case may be.

SEC. 210. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING.

    The Secretary of the Interior shall authorize geological and 
geophysical surveys related to oil and gas activities on the Gulf of 
Mexico Outer Continental Shelf, except within areas subject to existing 
oil and gas leasing moratoria. Such authorizations shall be issued 
within 30 days of receipt of a completed application and shall, as 
applicable to survey type, comply with the mitigation and monitoring 
measures in subsections (a), (b), (c), (d), (f), and (g) of section 
217.184 of title 50, Code of Federal Regulations (as in effect on 
January 1, 2022), and section 217.185 of title 50, Code of Federal 
Regulations (as in effect on January 1, 2022). Geological and 
geophysical surveys authorized pursuant to this section are deemed to 
be in full compliance with the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), and their implementing regulations.

SEC. 211. DEFERRAL OF APPLICATIONS FOR PERMITS TO DRILL.

    Section 17(p)(3) of the Mineral Leasing Act (30 U.S.C. 226(p)(3)) 
is amended by adding at the end the following:
                    ``(D) Deferral based on formatting issues.--A 
                decision on an application for a permit to drill may 
                not be deferred under paragraph (2)(B) as a result of a 
                formatting issue with the permit, unless such 
                formatting issue results in missing information.''.

SEC. 212. PROCESSING AND TERMS OF APPLICATIONS FOR PERMITS TO DRILL.

    (a) Effect of Pending Civil Actions.--Section 17(p) of the Mineral 
Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the 
following:
            ``(4) Effect of pending civil action on processing 
        applications for permits to drill.--Pursuant to the 
        requirements of paragraph (2), notwithstanding the existence of 
        any pending civil actions affecting the application or related 
        lease, the Secretary shall process an application for a permit 
        to drill or other authorizations or approvals under a valid 
        existing lease, unless a United States Federal court vacated 
        such lease. Nothing in this paragraph shall be construed as 
        providing authority to a Federal court to vacate a lease.''.
    (b) Term of Permit To Drill.--Section 17 of the Mineral Leasing Act 
(30 U.S.C. 226) is further amended by adding at the end the following:
    ``(u) Term of Permit To Drill.--A permit to drill issued under this 
section after the date of the enactment of this subsection shall be 
valid for one four-year term from the date that the permit is approved, 
or until the lease regarding which the permit is issued expires, 
whichever occurs first.''.

SEC. 213. AMENDMENTS TO THE ENERGY POLICY ACT OF 2005.

    Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is 
amended to read as follows:

``SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT REVIEW.

    ``(a) National Environmental Policy Act Review.--Action by the 
Secretary of the Interior, in managing the public lands, or the 
Secretary of Agriculture, in managing National Forest System lands, 
with respect to any of the activities described in subsection (c), 
shall not be considered a major Federal action for the purposes of 
section 102(2)(C) of the National Environmental Policy Act of 1969, if 
the activity is conducted pursuant to the Mineral Leasing Act (30 
U.S.C. 181 et seq.) for the purpose of exploration or development of 
oil or gas.
    ``(b) Application.--This section shall not apply to an action of 
the Secretary of the Interior or the Secretary of Agriculture on Indian 
lands or resources managed in trust for the benefit of Indian Tribes.
    ``(c) Activities Described.--The activities referred to in 
subsection (a) are as follows:
            ``(1) Reinstating a lease pursuant to section 31 of the 
        Mineral Leasing Act (30 U.S.C. 188).
            ``(2) The following activities, provided that any new 
        surface disturbance is contiguous with the footprint of the 
        original authorization and does not exceed 20 acres or the 
        acreage has previously been evaluated in a document previously 
        prepared under section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such 
        activity:
                    ``(A) Drilling an oil or gas well at a well pad 
                site at which drilling has occurred previously.
                    ``(B) Expansion of an existing oil or gas well pad 
                site to accommodate an additional well.
                    ``(C) Expansion or modification of an existing oil 
                or gas well pad site, road, pipeline, facility, or 
                utility submitted in a sundry notice.
            ``(3) Drilling of an oil or gas well at a new well pad 
        site, provided that the new surface disturbance does not exceed 
        20 acres and the acreage evaluated in a document previously 
        prepared under section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such 
        activity, whichever is greater.
            ``(4) Construction or realignment of a road, pipeline, or 
        utility within an existing right-of-way or within a right-of-
        way corridor established in a land use plan.
            ``(5) The following activities when conducted from non-
        Federal surface into federally owned minerals, provided that 
        the operator submits to the Secretary concerned certification 
        of a surface use agreement with the non-Federal landowner:
                    ``(A) Drilling an oil or gas well at a well pad 
                site at which drilling has occurred previously.
                    ``(B) Expansion of an existing oil or gas well pad 
                site to accommodate an additional well.
                    ``(C) Expansion or modification of an existing oil 
                or gas well pad site, road, pipeline, facility, or 
                utility submitted in a sundry notice.
            ``(6) Drilling of an oil or gas well from non-Federal 
        surface and non-Federal subsurface into Federal mineral estate.
            ``(7) Construction of up to 1 mile of new road on Federal 
        or non-Federal surface, not to exceed 2 miles in total.
            ``(8) Construction of up to 3 miles of individual pipelines 
        or utilities, regardless of surface ownership.''.

SEC. 214. ACCESS TO FEDERAL ENERGY RESOURCES FROM NON-FEDERAL SURFACE 
              ESTATE.

    (a) Oil and Gas Permits.--Section 17 of the Mineral Leasing Act (30 
U.S.C. 226) is further amended by adding at the end the following:
    ``(v) No Federal Permit Required for Oil and Gas Activities on 
Certain Land.--
            ``(1) In general.--The Secretary shall not require an 
        operator to obtain a Federal drilling permit for oil and gas 
        exploration and production activities conducted on non-Federal 
        surface estate, provided that--
                    ``(A) the United States holds an ownership interest 
                of less than 50 percent of the subsurface mineral 
                estate to be accessed by the proposed action; and
                    ``(B) the operator submits to the Secretary a State 
                permit to conduct oil and gas exploration and 
                production activities on the non-Federal surface 
                estate.
            ``(2) No federal action.--An oil and gas exploration and 
        production activity carried out under paragraph (1)--
                    ``(A) shall not be considered a major Federal 
                action for the purposes of section 102(2)(C) of the 
                National Environmental Policy Act of 1969;
                    ``(B) shall require no additional Federal action;
                    ``(C) may commence 30 days after submission of the 
                State permit to the Secretary; and
                    ``(D) shall not be subject to--
                            ``(i) section 306108 of title 54, United 
                        States Code (commonly known as the National 
                        Historic Preservation Act of 1966); and
                            ``(ii) section 7 of the Endangered Species 
                        Act of 1973 (16 U.S.C. 1536).
            ``(3) Royalties and production accountability.--(A) Nothing 
        in this subsection shall affect the amount of royalties due to 
        the United States under this Act from the production of oil and 
        gas, or alter the Secretary's authority to conduct audits and 
        collect civil penalties pursuant to the Federal Oil and Gas 
        Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.).
            ``(B) The Secretary may conduct onsite reviews and 
        inspections to ensure proper accountability, measurement, and 
        reporting of production of Federal oil and gas, and payment of 
        royalties.
            ``(4) Exceptions.--This subsection shall not apply to 
        actions on Indian lands or resources managed in trust for the 
        benefit of Indian Tribes.
            ``(5) Indian land.--In this subsection, the term `Indian 
        land' means--
                    ``(A) any land located within the boundaries of an 
                Indian reservation, pueblo, or rancheria; and
                    ``(B) any land not located within the boundaries of 
                an Indian reservation, pueblo, or rancheria, the title 
                to which is held--
                            ``(i) in trust by the United States for the 
                        benefit of an Indian tribe or an individual 
                        Indian;
                            ``(ii) by an Indian tribe or an individual 
                        Indian, subject to restriction against 
                        alienation under laws of the United States; or
                            ``(iii) by a dependent Indian community.''.
    (b) Geothermal Permits.--The Geothermal Steam Act of 1970 (30 
U.S.C. 1001 et seq.) is amended by adding at the end the following:

``SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEOTHERMAL ACTIVITIES ON 
              CERTAIN LAND.

    ``(a) In General.--The Secretary shall not require an operator to 
obtain a Federal drilling permit for geothermal exploration and 
production activities conducted on a non-Federal surface estate, 
provided that--
            ``(1) the United States holds an ownership interest of less 
        than 50 percent of the subsurface geothermal estate to be 
        accessed by the proposed action; and
            ``(2) the operator submits to the Secretary a State permit 
        to conduct geothermal exploration and production activities on 
        the non-Federal surface estate.
    ``(b) No Federal Action.--A geothermal exploration and production 
activity carried out under paragraph (1)--
            ``(1) shall not be considered a major Federal action for 
        the purposes of section 102(2)(C) of the National Environmental 
        Policy Act of 1969;
            ``(2) shall require no additional Federal action;
            ``(3) may commence 30 days after submission of the State 
        permit to the Secretary; and
            ``(4) shall not be subject to--
                    ``(A) section 306108 of title 54, United States 
                Code (commonly known as the National Historic 
                Preservation Act of 1966); and
                    ``(B) section 7 of the Endangered Species Act of 
                1973 (16 U.S.C. 1536).
    ``(c) Royalties and Production Accountability.--(1) Nothing in this 
section shall affect the amount of royalties due to the United States 
under this Act from the production of electricity using geothermal 
resources (other than direct use of geothermal resources) or the 
production of any byproducts.
    ``(2) The Secretary may conduct onsite reviews and inspections to 
ensure proper accountability, measurement, and reporting of the 
production described in paragraph (1), and payment of royalties.
    ``(d) Exceptions.--This section shall not apply to actions on 
Indian lands or resources managed in trust for the benefit of Indian 
Tribes.
    ``(e) Indian Land.--In this section, the term `Indian land' means--
            ``(1) any land located within the boundaries of an Indian 
        reservation, pueblo, or rancheria; and
            ``(2) any land not located within the boundaries of an 
        Indian reservation, pueblo, or rancheria, the title to which is 
        held--
                    ``(A) in trust by the United States for the benefit 
                of an Indian tribe or an individual Indian;
                    ``(B) by an Indian tribe or an individual Indian, 
                subject to restriction against alienation under laws of 
                the United States; or
                    ``(C) by a dependent Indian community.''.

SEC. 215. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL AND GAS LEASES.

    An environmental review for an oil and gas lease or permit prepared 
pursuant to the requirements of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) and its implementing regulations--
            (1) shall apply only to areas that are within or 
        immediately adjacent to the lease plot or plots and that are 
        directly affected by the proposed action; and
            (2) shall not require consideration of downstream, indirect 
        effects of oil and gas consumption.

SEC. 216. EXPEDITING APPROVAL OF GATHERING LINES.

    Section 11318(b)(1) of the Infrastructure Investment and Jobs Act 
(42 U.S.C. 15943(b)(1)) is amended by striking ``to be an action that 
is categorically excluded (as defined in section 1508.1 of title 40, 
Code of Federal Regulations (as in effect on the date of enactment of 
this Act))'' and inserting ``to not be a major Federal action''.

SEC. 217. LEASE SALE LITIGATION.

    Notwithstanding any other provision of law, any oil and gas lease 
sale held under section 17 of the Mineral Leasing Act (26 U.S.C. 226) 
or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) shall 
not be vacated and activities on leases awarded in the sale shall not 
be otherwise limited, delayed, or enjoined unless the court concludes 
allowing development of the challenged lease will pose a risk of an 
imminent and substantial environmental harm and there is no other 
equitable remedy available as a matter of law. No court, in response to 
an action brought pursuant to the National Environmental Policy Act of 
1969 (42 U.S.C. et seq.), may enjoin or issue any order preventing the 
award of leases to a bidder in a lease sale conducted pursuant to 
section 17 of the Mineral Leasing Act (26 U.S.C. 226) or the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) if the Department 
of the Interior has previously opened bids for such leases or disclosed 
the high bidder for any tract that was included in such lease sale.

SEC. 218. LIMITATION ON CLAIMS.

    (a) In General.--Notwithstanding any other provision of law, a 
claim arising under Federal law seeking judicial review of a permit, 
license, or approval issued by a Federal agency for a mineral project, 
energy facility, or energy storage device shall be barred unless--
            (1) the claim is filed within 120 days after publication of 
        a notice in the Federal Register announcing that the permit, 
        license, or approval is final pursuant to the law under which 
        the agency action is taken, unless a shorter time is specified 
        in the Federal law pursuant to which judicial review is 
        allowed; and
            (2) the claim is filed by a party that submitted a comment 
        during the public comment period for such permit, license, or 
        approval and such comment was sufficiently detailed to put the 
        agency on notice of the issue upon which the party seeks 
        judicial review.
    (b) Savings Clause.--Nothing in this section shall create a right 
to judicial review or place any limit on filing a claim that a person 
has violated the terms of a permit, license, or approval.
    (c) Transportation Projects.--Subsection (a) shall not apply to or 
supersede a claim subject to section 139(l)(1) of title 23, United 
States Code.
    (d) Mineral Project.--In this section, the term ``mineral project'' 
means a project--
            (1) located on--
                    (A) a mining claim, millsite claim, or tunnel site 
                claim for any mineral;
                    (B) lands open to mineral entry; or
                    (C) a Federal mineral lease; and
            (2) for the purposes of exploring for or producing 
        minerals.

SEC. 219. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON PERMITS TO DRILL.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall issue a 
report detailing--
            (1) the approval timelines for applications for permits to 
        drill issued by the Bureau of Land Management from 2018 through 
        2022;
            (2) the number of applications for permits to drill that 
        were not issued within 30 days of receipt of a completed 
        application; and
            (3) the causes of delays resulting in applications for 
        permits to drill pending beyond the 30 day deadline required 
        under section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 
        226(p)(2)).
    (b) Recommendations.--The report issued under subsection (a) shall 
include recommendations with respect to--
            (1) actions the Bureau of Land Management can take to 
        streamline the approval process for applications for permits to 
        drill to approve applications for permits to drill within 30 
        days of receipt of a completed application;
            (2) aspects of the Federal permitting process carried out 
        by the Bureau of Land Management to issue applications for 
        permits to drill that can be turned over to States to expedite 
        approval of applications for permits to drill; and
            (3) legislative actions that Congress must take to allow 
        States to administer certain aspects of the Federal permitting 
        process described in paragraph (2).

                 TITLE III--PERMITTING FOR MINING NEEDS

SEC. 301. DEFINITIONS.

    In this title:
            (1) Byproduct.--The term ``byproduct'' has the meaning 
        given such term in section 7002(a) of the Energy Act of 2020 
        (30 U.S.C. 1606(a)).
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (3) Mineral.--The term ``mineral'' means any mineral of a 
        kind that is locatable (including, but not limited to, such 
        minerals located on ``lands acquired by the United States'', as 
        such term is defined in section 2 of the Mineral Leasing Act 
        for Acquired Lands) under the Act of May 10, 1872 (Chapter 152; 
        17 Stat. 91).
            (4) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of the Interior.
            (5) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands; and
                    (G) the United States Virgin Islands.

SEC. 302. MINERALS SUPPLY CHAIN AND RELIABILITY.

    Section 40206 of the Infrastructure Investment and Jobs Act (30 
U.S.C. 1607) is amended--
            (1) in the section heading, by striking ``critical 
        minerals'' and inserting ``minerals'';
            (2) by amending subsection (a) to read as follows:
    ``(a) Definitions.--In this section:
            ``(1) Lead agency.--The term `lead agency' means the 
        Federal agency with primary responsibility for issuing a 
        mineral exploration or mine permit or lease for a mineral 
        project.
            ``(2) Mineral.--The term `mineral' has the meaning given 
        such term in section 301 of the TAPP American Resources Act.
            ``(3) Mineral exploration or mine permit.--The term 
        `mineral exploration or mine permit' means--
                    ``(A) an authorization of the Bureau of Land 
                Management or the Forest Service, as applicable, for 
                exploration for minerals that requires analysis under 
                the National Environmental Policy Act of 1969;
                    ``(B) a plan of operations for a mineral project 
                approved by the Bureau of Land Management or the Forest 
                Service; or
                    ``(C) any other Federal permit or authorization for 
                a mineral project.
            ``(4) Mineral project.--The term `mineral project' means a 
        project--
                    ``(A) located on--
                            ``(i) a mining claim, millsite claim, or 
                        tunnel site claim for any mineral;
                            ``(ii) lands open to mineral entry; or
                            ``(iii) a Federal mineral lease; and
                    ``(B) for the purposes of exploring for or 
                producing minerals.'';
            (3) in subsection (b), by striking ``critical'' each place 
        such term appears;
            (4) in subsection (c)--
                    (A) by striking ``critical mineral production on 
                Federal land'' and inserting ``mineral projects'';
                    (B) by inserting ``, and in accordance with 
                subsection (h)'' after ``to the maximum extent 
                practicable'';
                    (C) by striking ``shall complete the'' and 
                inserting ``shall complete such'';
                    (D) in paragraph (1), by striking ``critical 
                mineral-related activities on Federal land'' and 
                inserting ``mineral projects'';
                    (E) in paragraph (8), by striking the ``and'' at 
                the end;
                    (F) in paragraph (9), by striking ``procedures.'' 
                and inserting ``procedures; and''; and
                    (G) by adding at the end the following:
            ``(10) deferring to and relying on baseline data, analyses, 
        and reviews performed by State agencies with jurisdiction over 
        the environmental or reclamation permits for the proposed 
        mineral project.'';
            (5) in subsection (d)--
                    (A) by striking ``critical'' each place such term 
                appears; and
                    (B) in paragraph (3), by striking ``mineral-related 
                activities on Federal land'' and inserting ``mineral 
                projects'';
            (6) in subsection (e), by striking ``critical'';
            (7) in subsection (f), by striking ``critical'' each place 
        such term appears;
            (8) in subsection (g), by striking ``critical'' each place 
        such term appears; and
            (9) by adding at the end the following:
    ``(h) Other Requirements.--
            ``(1) Memorandum of agreement.--For purposes of maximizing 
        efficiency and effectiveness of the Federal permitting and 
        review processes described under subsection (c), the lead 
        agency in the Federal permitting and review processes of a 
        mineral project shall (in consultation with any other Federal 
        agency involved in such Federal permitting and review 
        processes, and upon request of the project applicant, an 
        affected State government, local government, or an Indian 
        Tribe, or other entity such lead agency determines appropriate) 
        enter into a memorandum of agreement with a project applicant 
        where requested by applicant to carry out the activities 
        described in subsection (c).
            ``(2) Timelines and schedules for nepa reviews.--
                    ``(A) Extension.--A project applicant may enter 
                into 1 or more agreements with a lead agency to extend 
                the deadlines described in subparagraphs (A) and (B) of 
                subsection (h)(1) of section 107 of title I of the 
                National Environmental Policy Act of 1969 by, with 
                respect to each such agreement, not more than 6 months.
                    ``(B) Adjustment of timelines.--At the request of a 
                project applicant, the lead agency and any other entity 
                which is a signatory to a memorandum of agreement under 
                paragraph (1) may, by unanimous agreement, adjust--
                            ``(i) any deadlines described in 
                        subparagraph (A); and
                            ``(ii) any deadlines extended under 
                        subparagraph (B).
            ``(3) Effect on pending applications.--Upon a written 
        request by a project applicant, the requirements of this 
        subsection shall apply to any application for a mineral 
        exploration or mine permit or mineral lease that was submitted 
        before the date of the enactment of the TAPP American Resources 
        Act.''.

SEC. 303. FEDERAL REGISTER PROCESS IMPROVEMENT.

    Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 1606(f)) is 
amended--
            (1) in paragraph (2), by striking ``critical'' both places 
        such term appears; and
            (2) by striking paragraph (4).

SEC. 304. DESIGNATION OF MINING AS A COVERED SECTOR FOR FEDERAL 
              PERMITTING IMPROVEMENT PURPOSES.

    Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is 
amended by inserting ``mineral production,'' before ``or any other 
sector''.

SEC. 305. TREATMENT OF ACTIONS UNDER PRESIDENTIAL DETERMINATION 2022-11 
              FOR FEDERAL PERMITTING IMPROVEMENT PURPOSES.

    (a) In General.--Except as provided by subsection (c), an action 
described in subsection (b) shall be--
            (1) treated as a covered project, as defined in section 
        41001(6) of the FAST Act (42 U.S.C. 4370m(6)), without regard 
        to the requirements of that section; and
            (2) included in the Permitting Dashboard maintained 
        pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m-
        2(b)).
    (b) Actions Described.--An action described in this subsection is 
an action taken by the Secretary of Defense pursuant to Presidential 
Determination 2022-11 (87 Fed. Reg. 19775; relating to certain actions 
under section 303 of the Defense Production Act of 1950) to create, 
maintain, protect, expand, or restore sustainable and responsible 
domestic production capabilities through--
            (1) supporting feasibility studies for mature mining, 
        beneficiation, and value-added processing projects;
            (2) byproduct and co-product production at existing mining, 
        mine waste reclamation, and other industrial facilities;
            (3) modernization of mining, beneficiation, and value-added 
        processing to increase productivity, environmental 
        sustainability, and workforce safety; or
            (4) any other activity authorized under section 303(a)(1) 
        of the Defense Production Act of 1950 15 (50 U.S.C. 
        4533(a)(1)).
    (c) Exception.--An action described in subsection (b) may not be 
treated as a covered project or be included in the Permitting Dashboard 
under subsection (a) if the project sponsor (as defined in section 
41001(18) of the FAST Act (42 U.S.C. 21 4370m(18))) requests that the 
action not be treated as a covered project.

SEC. 306. NOTICE FOR MINERAL EXPLORATION ACTIVITIES WITH LIMITED 
              SURFACE DISTURBANCE.

    (a) In General.--Not later than 15 days before commencing an 
exploration activity with a surface disturbance of not more than 5 
acres of public lands, the operator of such exploration activity shall 
submit to the Secretary concerned a complete notice of such exploration 
activity.
    (b) Inclusions.--Notice submitted under subsection (a) shall 
include such information the Secretary concerned may require, including 
the information described in section 3809.301 of title 43, Code of 
Federal Regulations (or any successor regulation).
    (c) Review.--Not later than 15 days after the Secretary concerned 
receives notice submitted under subsection (a), the Secretary concerned 
shall--
            (1) review and determine completeness of the notice; and
            (2) allow exploration activities to proceed if--
                    (A) the surface disturbance of such exploration 
                activities on such public lands will not exceed 5 
                acres;
                    (B) the Secretary concerned determines that the 
                notice is complete; and
                    (C) the operator provides financial assurance that 
                the Secretary concerned determines is adequate.
    (d) Definitions.--In this section:
            (1) Exploration activity.--The term ``exploration 
        activity''--
                    (A) means creating surface disturbance greater than 
                casual use that includes sampling, drilling, or 
                developing surface or underground workings to evaluate 
                the type, extent, quantity, or quality of mineral 
                values present;
                    (B) includes constructing drill roads and drill 
                pads, drilling, trenching, excavating test pits, and 
                conducting geotechnical tests and geophysical surveys; 
                and
                    (C) does not include activities where material is 
                extracted for commercial use or sale.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to lands administered by the 
                Secretary of the Interior, the Secretary of the 
                Interior; and
                    (B) with respect to National Forest System lands, 
                the Secretary of Agriculture.

SEC. 307. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.

    Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 
U.S.C. 28f) is amended by adding at the end the following:
    ``(e) Security of Tenure.--
            ``(1) In general.--
                    ``(A) In general.--A claimant shall have the right 
                to use, occupy, and conduct operations on public land, 
                with or without the discovery of a valuable mineral 
                deposit, if--
                            ``(i) such claimant makes a timely payment 
                        of the location fee required by section 10102 
                        and the claim maintenance fee required by 
                        subsection (a); or
                            ``(ii) in the case of a claimant who 
                        qualifies for a waiver under subsection (d), 
                        such claimant makes a timely payment of the 
                        location fee and complies with the required 
                        assessment work under the general mining laws.
                    ``(B) Operations defined.--For the purposes of this 
                paragraph, the term `operations' means--
                            ``(i) any activity or work carried out in 
                        connection with prospecting, exploration, 
                        processing, discovery and assessment, 
                        development, or extraction with respect to a 
                        locatable mineral;
                            ``(ii) the reclamation of any disturbed 
                        areas; and
                            ``(iii) any other reasonably incident uses, 
                        whether on a mining claim or not, including the 
                        construction and maintenance of facilities, 
                        roads, transmission lines, pipelines, and any 
                        other necessary infrastructure or means of 
                        access on public land for support facilities.
            ``(2) Fulfillment of federal land policy and management 
        act.--A claimant that fulfills the requirements of this section 
        and section 10102 shall be deemed to satisfy the requirements 
        of any provision of the Federal Land Policy and Management Act 
        that requires the payment of fair market value to the United 
        States for use of public lands and resources relating to use of 
        such lands and resources authorized by the general mining laws.
            ``(3) Savings clause.--Nothing in this subsection may be 
        construed to diminish the rights of entry, use, and occupancy, 
        or any other right, of a claimant under the general mining 
        laws.''.

SEC. 308. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL MINERAL.

    (a) In General.--Section 7002(a)(3)(B)(i) of the Energy Act of 2020 
(30 U.S.C. 1606(a)(3)(B)(i)) is amended to read as follows:
                            ``(i) oil, oil shale, coal, or natural 
                        gas;''.
    (b) Update.--Not later than 60 days after the date of the enactment 
of this section, the Secretary, acting through the Director of the 
United States Geological Survey, shall publish in the Federal Register 
an update to the final list established in section 7002(c)(3) of the 
Energy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance with subsection 
(a) of this section.

                  TITLE IV--FEDERAL LAND USE PLANNING

SEC. 401. FEDERAL LAND USE PLANNING AND WITHDRAWALS.

    (a) Resource Assessments Required.--Federal lands and waters may 
not be withdrawn from entry under the mining laws or operation of the 
mineral leasing and mineral materials laws unless--
            (1) a quantitative and qualitative geophysical and 
        geological mineral resource assessment of the impacted area has 
        been completed during the 10-year period ending on the date of 
        such withdrawal;
            (2) the Secretary, in consultation with the Secretary of 
        Commerce, the Secretary of Energy, and the Secretary of 
        Defense, conducts an assessment of the economic, energy, 
        strategic, and national security value of mineral deposits 
        identified in such mineral resource assessment;
            (3) the Secretary conducts an assessment of the reduction 
        in future Federal revenues to the Treasury, States, the Land 
        and Water Conservation Fund, and the Historic Preservation Fund 
        resulting from the proposed mineral withdrawal;
            (4) the Secretary, in consultation with the Secretary of 
        Defense, conducts an assessment of military readiness and 
        training activities in the proposed withdrawal area; and
            (5) the Secretary submits a report to the Committees on 
        Natural Resources, Agriculture, Energy and Commerce, and 
        Foreign Affairs of the House of Representatives and the 
        Committees on Energy and Natural Resources, Agriculture, and 
        Foreign Affairs of the Senate, that includes the results of the 
        assessments completed pursuant to this subsection.
    (b) Land Use Plans.--Before a resource management plan under the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) 
or a forest management plan under the National Forest Management Act is 
updated or completed, the Secretary or Secretary of Agriculture, as 
applicable, in consultation with the Director of the United States 
Geological Survey, shall--
            (1) review any quantitative and qualitative mineral 
        resource assessment that was completed or updated during the 
        10-year period ending on the date that the applicable land 
        management agency publishes a notice to prepare, revise, or 
        amend a land use plan by the Director of the United States 
        Geological Survey for the geographic area affected by the 
        applicable management plan;
            (2) the Secretary, in consultation with the Secretary of 
        Commerce, the Secretary of Energy, and the Secretary of 
        Defense, conducts an assessment of the economic, energy, 
        strategic, and national security value of mineral deposits 
        identified in such mineral resource assessment; and
            (3) submit a report to the Committees on Natural Resources, 
        Agriculture, Energy and Commerce, and Foreign Affairs of the 
        House of Representatives and the Committees on Energy and 
        Natural Resources, Agriculture, and Foreign Affairs of the 
        Senate, that includes the results of the assessment completed 
        pursuant to this subsection.
    (c) New Information.--The Secretary shall provide recommendations 
to the President on appropriate measures to reduce unnecessary impacts 
that a withdrawal of Federal lands or waters from entry under the 
mining laws or operation of the mineral leasing and mineral materials 
laws may have on mineral exploration, development, and other mineral 
activities (including authorizing exploration and development of such 
mineral deposits) not later than 180 days after the Secretary has 
notice that a resource assessment completed by the Director of the 
United States Geological Survey, in coordination with the State 
geological surveys, determines that a previously undiscovered mineral 
deposit may be present in an area that has been withdrawn from entry 
under the mining laws or operation of the mineral leasing and mineral 
materials laws pursuant to--
            (1) section 204 of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1714), or
            (2) chapter 3203 of title 54, United States Code.

SEC. 402. PROHIBITIONS ON DELAY OF MINERAL DEVELOPMENT OF CERTAIN 
              FEDERAL LAND.

    (a) Prohibitions.--Notwithstanding any other provision of law, the 
President shall not carry out any action that would pause, restrict, or 
delay the process for or issuance of any of the following on Federal 
land, unless such lands are withdrawn from disposition under the 
mineral leasing laws, including by administrative withdrawal:
            (1) New oil and gas lease sales, oil and gas leases, drill 
        permits, or associated approvals or authorizations of any kind 
        associated with oil and gas leases.
            (2) New coal leases (including leases by application in 
        process, renewals, modifications, or expansions of existing 
        leases), permits, approvals, or authorizations.
            (3) New leases, claims, permits, approvals, or 
        authorizations for development or exploration of minerals.
    (b) Prohibition on Rescission of Leases, Permits, or Claims.--The 
President, the Secretary, or Secretary of Agriculture as applicable, 
may not rescind any existing lease, permit, or claim for the extraction 
and production of any mineral under the mining laws or mineral leasing 
and mineral materials laws on National Forest System land or land under 
the jurisdiction of the Bureau of Land Management, unless specifically 
authorized by Federal statute, or upon the lessee, permittee, or 
claimant's failure to comply with any of the provisions of the 
applicable lease, permit, or claim.
    (c) Mineral Defined.--In subsection (a)(3), the term ``mineral'' 
means any mineral of a kind that is locatable (including such minerals 
located on ``lands acquired by the United States'', as such term is 
defined in section 2 of the Mineral Leasing Act for Acquired Lands) 
under the Act of May 10, 1872 (Chapter 152; 17 Stat. 91).

SEC. 403. DEFINITIONS.

    In this title:
            (1) Federal land.--The term ``Federal land'' means--
                    (A) National Forest System land;
                    (B) public lands (as defined in section 103 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702));
                    (C) the outer Continental Shelf (as defined in 
                section 2 of the Outer Continental Shelf Lands Act (43 
                U.S.C. 1331)); and
                    (D) land managed by the Secretary of Energy.
            (2) President.--The term ``President'' means--
                    (A) the President; and
                    (B) any designee of the President, including--
                            (i) the Secretary of Agriculture;
                            (ii) the Secretary of Commerce;
                            (iii) the Secretary of Energy; and
                            (iv) the Secretary of the Interior.
            (3) Previously undiscovered deposit.--The term ``previously 
        undiscovered mineral deposit'' means--
                    (A) a mineral deposit that has been previously 
                evaluated by the United States Geological Survey and 
                found to be of low mineral potential, but upon 
                subsequent evaluation is determined by the United 
                States Geological Survey to have significant mineral 
                potential, or
                    (B) a mineral deposit that has not previously been 
                evaluated by the United States Geological Survey.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

           TITLE V--ENSURING COMPETITIVENESS ON FEDERAL LANDS

SEC. 501. INCENTIVIZING DOMESTIC PRODUCTION.

    (a) Offshore Oil and Gas Royalty Rate.--Section 8(a)(1) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)) is amended--
            (1) in subparagraph (A), by striking ``not less than 16\2/
        3\ percent, but not more than 18\3/4\ percent, during the 10-
        year period beginning on the date of enactment of the Act 
        titled `An Act to provide for reconciliation pursuant to title 
        II of S. Con. Res. 14', and not less than 16\2/3\ percent 
        thereafter,'' each place it appears and inserting ``not less 
        than 12.5 percent'';
            (2) in subparagraph (C), by striking ``not less than 16\2/
        3\ percent, but not more than 18\3/4\ percent, during the 10-
        year period beginning on the date of enactment of the Act 
        titled `An Act to provide for reconciliation pursuant to title 
        II of S. Con. Res. 14', and not less than 16\2/3\ percent 
        thereafter,'' each place it appears and inserting ``not less 
        than 12.5 percent'';
            (3) in subparagraph (F), by striking ``not less than 16\2/
        3\ percent, but not more than 18\3/4\ percent, during the 10-
        year period beginning on the date of enactment of the Act 
        titled `An Act to provide for reconciliation pursuant to title 
        II of S. Con. Res. 14', and not less than 16\2/3\ percent 
        thereafter,'' and inserting ``not less than 12.5 percent''; and
            (4) in subparagraph (H), by striking ``not less than 16\2/
        3\ percent, but not more than 18\3/4\ percent, during the 10-
        year period beginning on the date of enactment of the Act 
        titled `An Act to provide for reconciliation pursuant to title 
        II of S. Con. Res. 14', and not less than 16\2/3\ percent 
        thereafter,'' and inserting ``not less than 12.5 percent''.
    (b) Mineral Leasing Act.--
            (1) Onshore oil and gas royalty rates.--
                    (A) Lease of oil and gas land.--Section 17 of the 
                Mineral Leasing Act (30 U.S.C. 226) is amended--
                            (i) in subsection (b)(1)(A)--
                                    (I) by striking ``not less than 
                                16\2/3\'' and inserting ``not less than 
                                12.5''; and
                                    (II) by striking ``or, in the case 
                                of a lease issued during the 10-year 
                                period beginning on the date of 
                                enactment of the Act titled `An Act to 
                                provide for reconciliation pursuant to 
                                title II of S. Con. Res. 14', 16\2/3\ 
                                percent in amount or value of the 
                                production removed or sold from the 
                                lease''; and
                            (ii) by striking ``16\2/3\ percent'' each 
                        place it appears and inserting ``12.5 
                        percent''.
                    (B) Conditions for reinstatement.--Section 31(e)(3) 
                of the Mineral Leasing Act (30 U.S.C. 188(e)(3)) is 
                amended by striking ``20'' inserting ``16\2/3\''.
            (2) Oil and gas minimum bid.--Section 17(b) of the Mineral 
        Leasing Act (30 U.S.C. 226(b)) is amended--
                    (A) in paragraph (1)(B), by striking ``$10 per acre 
                during the 10-year period beginning on the date of 
                enactment of the Act titled `An Act to provide for 
                reconciliation pursuant to title II of S. Con. Res. 
                14'.'' and inserting ``$2 per acre for a period of 2 
                years from the date of the enactment of the Federal 
                Onshore Oil and Gas Leasing Reform Act of 1987.''; and
                    (B) in paragraph (2)(C), by striking ``$10 per 
                acre'' and inserting ``$2 per acre''.
            (3) Fossil fuel rental rates.--Section 17(d) of the Mineral 
        Leasing Act (30 U.S.C. 226(d)) is amended to read as follows:
    ``(d) All leases issued under this section, as amended by the 
Federal Onshore Oil and Gas Leasing Reform Act of 1987, shall be 
conditioned upon payment by the lessee of a rental of not less than 
$1.50 per acre per year for the first through fifth years of the lease 
and not less than $2 per acre per year for each year thereafter. A 
minimum royalty in lieu of rental of not less than the rental which 
otherwise would be required for that lease year shall be payable at the 
expiration of each lease year beginning on or after a discovery of oil 
or gas in paying quantities on the lands leased.''.
            (4) Expression of interest fee.--Section 17 of the Mineral 
        Leasing Act (30 U.S.C. 226) is further amended by repealing 
        subsection (q).
            (5) Elimination of noncompetitive leasing.--Section 17 of 
        the Mineral Leasing Act (30 U.S.C. 226) is further amended--
                    (A) in subsection (b)--
                            (i) in paragraph (1)(A)--
                                    (I) in the first sentence, by 
                                striking ``paragraph (2)'' and 
                                inserting ``paragraphs (2) and (3)''; 
                                and
                                    (II) by adding at the end ``Lands 
                                for which no bids are received or for 
                                which the highest bid is less than the 
                                national minimum acceptable bid shall 
                                be offered promptly within 30 days for 
                                leasing under subsection (c) of this 
                                section and shall remain available for 
                                leasing for a period of 2 years after 
                                the competitive lease sale.''; and
                            (ii) by adding at the end the following:
            ``(3)(A) If the United States held a vested future interest 
        in a mineral estate that, immediately prior to becoming a 
        vested present interest, was subject to a lease under which oil 
        or gas was being produced, or had a well capable of producing, 
        in paying quantities at an annual average production volume per 
        well per day of either not more than 15 barrels per day of oil 
        or condensate, or not more than 60,000 cubic feet of gas, the 
        holder of the lease may elect to continue the lease as a 
        noncompetitive lease under subsection (c)(1).
            ``(B) An election under this paragraph is effective--
                    ``(i) in the case of an interest which vested after 
                January 1, 1990, and on or before October 24, 1992, if 
                the election is made before the date that is 1 year 
                after October 24, 1992;
                    ``(ii) in the case of an interest which vests 
                within 1 year after October 24, 1992, if the election 
                is made before the date that is 2 years after October 
                24, 1992; and
                    ``(iii) in any case other than those described in 
                clause (i) or (ii), if the election is made prior to 
                the interest becoming a vested present interest.'';
                    (B) by striking subsection (c) and inserting the 
                following:
    ``(c) Lands Subject to Leasing Under Subsection (b); First 
Qualified Applicant.--
            ``(1) If the lands to be leased are not leased under 
        subsection (b)(1) of this section or are not subject to 
        competitive leasing under subsection (b)(2) of this section, 
        the person first making application for the lease who is 
        qualified to hold a lease under this chapter shall be entitled 
        to a lease of such lands without competitive bidding, upon 
        payment of a non-refundable application fee of at least $75. A 
        lease under this subsection shall be conditioned upon the 
        payment of a royalty at a rate of 12.5 percent in amount or 
        value of the production removed or sold from the lease. Leases 
        shall be issued within 60 days of the date on which the 
        Secretary identifies the first responsible qualified applicant.
            ``(2)(A) Lands (i) which were posted for sale under 
        subsection (b)(1) of this section but for which no bids were 
        received or for which the highest bid was less than the 
        national minimum acceptable bid and (ii) for which, at the end 
        of the period referred to in subsection (b)(1) of this section 
        no lease has been issued and no lease application is pending 
        under paragraph (1) of this subsection, shall again be 
        available for leasing only in accordance with subsection (b)(1) 
        of this section.
            ``(B) The land in any lease which is issued under paragraph 
        (1) of this subsection or under subsection (b)(1) of this 
        section which lease terminates, expires, is cancelled or is 
        relinquished shall again be available for leasing only in 
        accordance with subsection (b)(1) of this section.''; and
                    (C) by striking subsection (e) and inserting the 
                following:
    ``(e) Primary Term.--Competitive and noncompetitive leases issued 
under this section shall be for a primary term of 10 years: Provided, 
however, That competitive leases issued in special tar sand areas shall 
also be for a primary term of ten years. Each such lease shall continue 
so long after its primary term as oil or gas is produced in paying 
quantities. Any lease issued under this section for land on which, or 
for which under an approved cooperative or unit plan of development or 
operation, actual drilling operations were commenced prior to the end 
of its primary term and are being diligently prosecuted at that time 
shall be extended for two years and so long thereafter as oil or gas is 
produced in paying quantities.''.
            (6) Conforming amendments.--Section 31 of the Mineral 
        Leasing Act (30 U.S.C. 188) is amended--
                    (A) in subsection (d)(1), by striking ``section 
                17(b)'' and inserting ``subsection (b) or (c) of 
                section 17 of this Act'';
                    (B) in subsection (e)--
                            (i) in paragraph (2)--
                                    (I) insert ``either'' after 
                                ``rentals and''; and
                                    (II) insert ``or the inclusion in a 
                                reinstated lease issued pursuant to the 
                                provisions of section 17(c) of this Act 
                                of a requirement that future rentals 
                                shall be at a rate not less than $5 per 
                                acre per year, all'' before ``as 
                                determined by the Secretary''; and
                            (ii) by amending paragraph (3) to read as 
                        follows:
            ``(3)(A) payment of back royalties and the inclusion in a 
        reinstated lease issued pursuant to the provisions of section 
        17(b) of this Act of a requirement for future royalties at a 
        rate of not less than 16\2/3\ percent computed on a sliding 
        scale based upon the average production per well per day, at a 
        rate which shall be not less than 4 percentage points greater 
        than the competitive royality schedule then in force and used 
        for royalty determination for competitive leases issued 
        pursuant to such section as determined by the Secretary: 
        Provided, That royalty on such reinstated lease shall be paid 
        on all production removed or sold from such lease subsequent to 
        the termination of the original lease;
            ``(B) payment of back royalties and inclusion in a 
        reinstated lease issued pursuant to the provisions of section 
        17(c) of this Act of a requirement for future royalties at a 
        rate not less than 16\2/3\ percent: Provided, That royalty on 
        such reinstated lease shall be paid on all production removed 
        or sold from such lease subsequent to the cancellation or 
        termination of the original lease; and'';
                    (C) in subsection (f)--
                            (i) in paragraph (1), strike ``in the same 
                        manner as the original lease issued pursuant to 
                        section 17'' and insert ``as a competitive or a 
                        noncompetitive oil and gas lease in the same 
                        manner as the original lease issued pursuant to 
                        subsection (b) or (c) of section 17 of this 
                        Act'';
                            (ii) by redesignating paragraphs (2) and 
                        (3) as paragraphs (3) and (4), respectively; 
                        and
                            (iii) by inserting after paragraph (1) the 
                        following:
            ``(2) Except as otherwise provided in this section, the 
        issuance of a lease in lieu of an abandoned patented oil placer 
        mining claim shall be treated as a noncompetitive oil and gas 
        lease issued pursuant to section 17(c) of this Act.'';
                    (D) in subsection (g), by striking ``subsection 
                (d)'' and inserting ``subsections (d) and (f)'';
                    (E) by amending subsection (h) to read as follows:
    ``(h) Royalty Reductions.--
            ``(1) In acting on a petition to issue a noncompetitive oil 
        and gas lease, under subsection (f) of this section or in 
        response to a request filed after issuance of such a lease, or 
        both, the Secretary is authorized to reduce the royalty on such 
        lease if in his judgment it is equitable to do so or the 
        circumstances warrant such relief due to uneconomic or other 
        circumstances which could cause undue hardship or premature 
        termination of production.
            ``(2) In acting on a petition for reinstatement pursuant to 
        subsection (d) of this section or in response to a request 
        filed after reinstatement, or both, the Secretary is authorized 
        to reduce the royalty in that reinstated lease on the entire 
        leasehold or any tract or portion thereof segregated for 
        royalty purposes if, in his judgment, there are uneconomic or 
        other circumstances which could cause undue hardship or 
        premature termination of production; or because of any written 
        action of the United States, its agents or employees, which 
        preceded, and was a major consideration in, the lessee's 
        expenditure of funds to develop the property under the lease 
        after the rent had become due and had not been paid; or if in 
        the judgment of the Secretary it is equitable to do so for any 
        reason.'';
                    (F) by redesignating subsections (f) through (i) as 
                subsections (g) through (j), respectively; and
                    (G) by inserting after subsection (e) the 
                following:
    ``(f) Issuance of Noncompetitive Oil and Gas Lease; Conditions.--
Where an unpatented oil placer mining claim validly located prior to 
February 24, 1920, which has been or is currently producing or is 
capable of producing oil or gas, has been or is hereafter deemed 
conclusively abandoned for failure to file timely the required 
instruments or copies of instruments required by section 1744 of title 
43, and it is shown to the satisfaction of the Secretary that such 
failure was inadvertent, justifiable, or not due to lack of reasonable 
diligence on the part of the owner, the Secretary may issue, for the 
lands covered by the abandoned unpatented oil placer mining claim, a 
noncompetitive oil and gas lease, consistent with the provisions of 
section 17(e) of this Act, to be effective from the statutory date the 
claim was deemed conclusively abandoned. Issuance of such a lease shall 
be conditioned upon--
            ``(1) a petition for issuance of a noncompetitive oil and 
        gas lease, together with the required rental and royalty, 
        including back rental and royalty accruing from the statutory 
        date of abandonment of the oil placer mining claim, being filed 
        with the Secretary- (A) with respect to any claim deemed 
        conclusively abandoned on or before January 12, 1983, on or 
        before the one hundred and twentieth day after January 12, 
        1983, or (B) with respect to any claim deemed conclusively 
        abandoned after January 12, 1983, on or before the one hundred 
        and twentieth day after final notification by the Secretary or 
        a court of competent jurisdiction of the determination of the 
        abandonment of the oil placer mining claim;
            ``(2) a valid lease not having been issued affecting any of 
        the lands covered by the abandoned oil placer mining claim 
        prior to the filing of such petition: Provided, however, That 
        after the filing of a petition for issuance of a lease under 
        this subsection, the Secretary shall not issue any new lease 
        affecting any of the lands covered by such abandoned oil placer 
        mining claim for a reasonable period, as determined in 
        accordance with regulations issued by him;
            ``(3) a requirement in the lease for payment of rental, 
        including back rentals accruing from the statutory date of 
        abandonment of the oil placer mining claim, of not less than $5 
        per acre per year;
            ``(4) a requirement in the lease for payment of royalty on 
        production removed or sold from the oil placer mining claim, 
        including all royalty on production made subsequent to the 
        statutory date the claim was deemed conclusively abandoned, of 
        not less than 12\1/2\ percent; and
            ``(5) compliance with the notice and reimbursement of costs 
        provisions of paragraph (4) of subsection (e) but addressed to 
        the petition covering the conversion of an abandoned unpatented 
        oil placer mining claim to a noncompetitive oil and gas 
        lease.''.

                    TITLE VI--ENERGY REVENUE SHARING

SEC. 601. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUE.

    (a) Distribution of Outer Continental Shelf Revenue to Gulf 
Producing States.--Section 105 of the Gulf of Mexico Energy Security 
Act of 2006 (43 U.S.C. 1331 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``50'' and 
                inserting ``37.5''; and
                    (B) in paragraph (2)--
                            (i) by striking ``50'' and inserting 
                        ``62.5'';
                            (ii) in subparagraph (A), by striking 
                        ``75'' and inserting ``80''; and
                            (iii) in subparagraph (B), by striking 
                        ``25'' and inserting ``20''; and
            (2) by striking subsection (f).
    (b) Exemption of Certain Payments From Sequestration.--
            (1) In general.--Section 255(g)(1)(A) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
        905(g)(1)(A)) is amended by inserting after ``Payments to 
        Social Security Trust Funds (28-0404-0-1-651).'' the following:
            ``Payments to States pursuant to section 105(a)(2)(A) of 
        the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-
        432; 43 U.S.C. 1331 note) (014-5535-0-2-302).''.
            (2) Applicability.--The amendment made by this subsection 
        shall apply to any sequestration order issued under the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 900 et seq.) on or after the date of enactment of this 
        Act.

SEC. 602. PARITY IN OFFSHORE WIND REVENUE SHARING.

    (a) Payments and Revenues.--Section 8(p)(2) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)) is amended--
            (1) in subparagraph (A), by striking ``(A) The Secretary'' 
        and inserting the following:
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Secretary'';
            (2) in subparagraph (B), by striking ``(B) The Secretary'' 
        and inserting the following:
                    ``(B) Disposition of revenues for projects located 
                within 3 nautical miles seaward of state submerged 
                land.--The Secretary''; and
            (3) by adding at the end the following:
                    ``(C) Disposition of revenues for offshore wind 
                projects in certain areas.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Covered offshore wind 
                                project.--The term `covered offshore 
                                wind project' means a wind powered 
                                electric generation project in a wind 
                                energy area on the outer Continental 
                                Shelf that is not wholly or partially 
                                located within an area subject to 
                                subparagraph (B).
                                    ``(II) Eligible state.--The term 
                                `eligible State' means a State a point 
                                on the coastline of which is located 
                                within 75 miles of the geographic 
                                center of a covered offshore wind 
                                project.
                                    ``(III) Qualified outer continental 
                                shelf revenues.--The term `qualified 
                                outer Continental Shelf revenues' means 
                                all royalties, fees, rentals, bonuses, 
                                or other payments from covered offshore 
                                wind projects carried out pursuant to 
                                this subsection on or after the date of 
                                enactment of this subparagraph.
                            ``(ii) Requirement.--
                                    ``(I) In general.--The Secretary of 
                                the Treasury shall deposit--
                                            ``(aa) 12.5 percent of 
                                        qualified outer Continental 
                                        Shelf revenues in the general 
                                        fund of the Treasury;
                                            ``(bb) 37.5 percent of 
                                        qualified outer Continental 
                                        Shelf revenues in the North 
                                        American Wetlands Conservation 
                                        Fund; and
                                            ``(cc) 50 percent of 
                                        qualified outer Continental 
                                        Shelf revenues in a special 
                                        account in the Treasury from 
                                        which the Secretary shall 
                                        disburse to each eligible State 
                                        an amount determined pursuant 
                                        to subclause (II).
                                    ``(II) Allocation.--
                                            ``(aa) In general.--Subject 
                                        to item (bb), for each fiscal 
                                        year beginning after the date 
                                        of enactment of this 
                                        subparagraph, the amount made 
                                        available under subclause 
                                        (I)(cc) shall be allocated to 
                                        each eligible State in amounts 
                                        (based on a formula established 
                                        by the Secretary by regulation) 
                                        that are inversely proportional 
                                        to the respective distances 
                                        between the point on the 
                                        coastline of each eligible 
                                        State that is closest to the 
                                        geographic center of the 
                                        applicable leased tract and the 
                                        geographic center of the leased 
                                        tract.
                                            ``(bb) Minimum 
                                        allocation.--The amount 
                                        allocated to an eligible State 
                                        each fiscal year under item 
                                        (aa) shall be at least 10 
                                        percent of the amounts made 
                                        available under subclause 
                                        (I)(cc).
                                            ``(cc) Payments to coastal 
                                        political subdivisions.--

                                                    ``(AA) In 
                                                general.--The Secretary 
                                                shall pay 20 percent of 
                                                the allocable share of 
                                                each eligible State, as 
                                                determined pursuant to 
                                                item (aa), to the 
                                                coastal political 
                                                subdivisions of the 
                                                eligible State.

                                                    ``(BB) 
                                                Allocation.--The amount 
                                                paid by the Secretary 
                                                to coastal political 
                                                subdivisions under 
                                                subitem (AA) shall be 
                                                allocated to each 
                                                coastal political 
                                                subdivision in 
                                                accordance with 
                                                subparagraphs (B) and 
                                                (C) of section 31(b)(4) 
                                                of this Act.

                            ``(iii) Timing.--The amounts required to be 
                        deposited under subclause (I) of clause (ii) 
                        for the applicable fiscal year shall be made 
                        available in accordance with such subclause 
                        during the fiscal year immediately following 
                        the applicable fiscal year.
                            ``(iv) Authorized uses.--
                                    ``(I) In general.--Subject to 
                                subclause (II), each eligible State 
                                shall use all amounts received under 
                                clause (ii)(II) in accordance with all 
                                applicable Federal and State laws, only 
                                for 1 or more of the following 
                                purposes:
                                            ``(aa) Projects and 
                                        activities for the purposes of 
                                        coastal protection and 
                                        resiliency, including 
                                        conservation, coastal 
                                        restoration, estuary 
                                        management, beach nourishment, 
                                        hurricane and flood protection, 
                                        and infrastructure directly 
                                        affected by coastal wetland 
                                        losses.
                                            ``(bb) Mitigation of damage 
                                        to fish, wildlife, or natural 
                                        resources, including through 
                                        fisheries science and research.
                                            ``(cc) Implementation of a 
                                        federally approved marine, 
                                        coastal, or comprehensive 
                                        conservation management plan.
                                            ``(dd) Mitigation of the 
                                        impact of outer Continental 
                                        Shelf activities through the 
                                        funding of onshore 
                                        infrastructure projects.
                                            ``(ee) Planning assistance 
                                        and the administrative costs of 
                                        complying with this section.
                                    ``(II) Limitation.--Of the amounts 
                                received by an eligible State under 
                                clause (ii)(II), not more than 3 
                                percent shall be used for the purposes 
                                described in subclause (I)(ee).
                            ``(v) Administration.--Subject to clause 
                        (vi)(III), amounts made available under items 
                        (aa) and (cc) of clause (ii)(I) shall--
                                    ``(I) be made available, without 
                                further appropriation, in accordance 
                                with this subparagraph;
                                    ``(II) remain available until 
                                expended; and
                                    ``(III) be in addition to any 
                                amount appropriated under any other 
                                Act.
                            ``(vi) Reporting requirement.--
                                    ``(I) In general.--Not later than 
                                180 days after the end of each fiscal 
                                year, the Governor of each eligible 
                                State that receives amounts under 
                                clause (ii)(II) for the applicable 
                                fiscal year shall submit to the 
                                Secretary a report that describes the 
                                use of the amounts by the eligible 
                                State during the period covered by the 
                                report.
                                    ``(II) Public availability.--On 
                                receipt of a report submitted under 
                                subclause (I), the Secretary shall make 
                                the report available to the public on 
                                the website of the Department of the 
                                Interior.
                                    ``(III) Limitation.--If the 
                                Governor of an eligible State that 
                                receives amounts under clause (ii)(II) 
                                fails to submit the report required 
                                under subclause (I) by the deadline 
                                specified in that subclause, any 
                                amounts that would otherwise be 
                                provided to the eligible State under 
                                clause (ii)(II) for the succeeding 
                                fiscal year shall be deposited in the 
                                Treasury.''.
    (b) Exemption of Certain Payments From Sequestration.--
            (1) In general.--Section 255(g)(1)(A) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
        905(g)(1)(A)) is amended by inserting after ``Payments to 
        Social Security Trust Funds (28-0404-0-1-651).'' the following:
            ``Payments to States pursuant to subparagraph 
        (C)(ii)(I)(cc) of section 8(p)(2) of the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1337(p)(2)).''.
            (2) Applicability.--The amendment made by this subsection 
        shall apply to any sequestration order issued under the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 900 et seq.) on or after the date of enactment of this 
        Act.

SEC. 603. ELIMINATION OF ADMINISTRATIVE FEE UNDER THE MINERAL LEASING 
              ACT.

    (a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C. 
191) is amended--
            (1) in subsection (a), in the first sentence, by striking 
        ``and, subject to the provisions of subsection (b),'';
            (2) by striking subsection (b);
            (3) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively;
            (4) in paragraph (3)(B)(ii) of subsection (b) (as so 
        redesignated), by striking ``subsection (d)'' and inserting 
        ``subsection (c)''; and
            (5) in paragraph (3)(A)(ii) of subsection (c) (as so 
        redesignated), by striking ``subsection (c)(2)(B)'' and 
        inserting ``subsection (b)(2)(B)''.
    (b) Conforming Amendments.--
            (1) Section 6(a) of the Mineral Leasing Act for Acquired 
        Lands (30 U.S.C. 355(a)) is amended--
                    (A) in the first sentence, by striking ``Subject to 
                the provisions of section 35(b) of the Mineral Leasing 
                Act (30 U.S.C. 191(b)), all'' and inserting ``All''; 
                and
                    (B) in the second sentence, by striking ``of the 
                Act of February 25, 1920 (41 Stat. 450; 30 U.S.C. 
                191),'' and inserting ``of the Mineral Leasing Act (30 
                U.S.C. 191)''.
            (2) Section 20(a) of the Geothermal Steam Act of 1970 (30 
        U.S.C. 1019(a)) is amended, in the second sentence of the 
        matter preceding paragraph (1), by striking ``the provisions of 
        subsection (b) of section 35 of the Mineral Leasing Act (30 
        U.S.C. 191(b)) and section 5(a)(2) of this Act'' and inserting 
        ``section 5(a)(2)''.
            (3) Section 205(f) of the Federal Oil and Gas Royalty 
        Management Act of 1982 (30 U.S.C. 1735(f)) is amended--
                    (A) in the first sentence, by striking ``this 
                Section'' and inserting ``this section''; and
                    (B) by striking the fourth, fifth, and sixth 
                sentences.
                                 <all>
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