I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

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1 tion of American Resources Act’’ or the ‘‘TAPP American 

2 Resources Act’’. 

3 (b) TABLE OF CONTENTS.—The table of contents for 

4 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. 


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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. 

1 TITLE I—ONSHORE AND OFF2 SHORE LEASING AND OVER3 SIGHT 

4 SEC. 101. ONSHORE OIL AND GAS LEASING. 

5 (a) REQUIREMENT TO IMMEDIATELY RESUME ON6 SHORE OIL AND GAS LEASE SALES.— 

7 (1) IN GENERAL.—The Secretary of the Inte8 rior shall immediately resume quarterly onshore oil 

9 and gas lease sales in compliance with the Mineral 

10 Leasing Act (30 U.S.C. 181 et seq.). 

11 (2) REQUIREMENT.—The Secretary of the Inte12 rior shall ensure— 

13 (A) that any oil and gas lease sale pursu14 ant to paragraph (1) is conducted immediately 

15 on completion of all applicable scoping, public 

16 comment, and environmental analysis require17 ments under the Mineral Leasing Act (30 


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1 U.S.C. 181 et seq.) and the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et 

3 seq.); and 

4 (B) that the processes described in sub5 paragraph (A) are conducted in a timely man6 ner to ensure compliance with subsection (b)(1). 

7 (3) LEASE OF OIL AND GAS LANDS.—Section 

8 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 

9 226(b)(1)(A)) is amended by inserting ‘‘Eligible 

10 lands comprise all lands subject to leasing under this 

11 Act and not excluded from leasing by a statutory or 

12 regulatory prohibition. Available lands are those 

13 lands that have been designated as open for leasing 

14 under a land use plan developed under section 202 

15 of the Federal Land Policy and Management Act of 

16 1976 and that have been nominated for leasing 

17 through the submission of an expression of interest, 

18 are subject to drainage in the absence of leasing, or 

19 are otherwise designated as available pursuant to 

20 regulations adopted by the Secretary.’’ after ‘‘sales 

21 are necessary.’’. 

22 (b) QUARTERLY LEASE SALES.— 

23 (1) IN GENERAL.—In accordance with the Min24 eral Leasing Act (30 U.S.C. 181 et seq.), each fiscal 

25 year, the Secretary of the Interior shall conduct a 


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1 minimum of four oil and gas lease sales in each of 

2 the following States: 

3 (A) Wyoming. 

4 (B) New Mexico. 

5 (C) Colorado. 

6 (D) Utah. 

7 (E) Montana. 

8 (F) North Dakota. 

9 (G) Oklahoma. 

10 (H) Nevada. 

11 (I) Alaska. 

12 (J) Any other State in which there is land 

13 available for oil and gas leasing under the Min14 eral Leasing Act (30 U.S.C. 181 et seq.) or any 

15 other mineral leasing law. 

16 (2) REQUIREMENT.—In conducting a lease sale 

17 under paragraph (1) in a State described in that 

18 paragraph, the Secretary of the Interior shall offer 

19 all parcels nominated and eligible pursuant to the 

20 requirements of the Mineral Leasing Act (30 U.S.C. 

21 181 et seq.) for oil and gas exploration, develop22 ment, and production under the resource manage23 ment plan in effect for the State. 


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1 (3) REPLACEMENT SALES.—The Secretary of 

2 the Interior shall conduct a replacement sale during 

3 the same fiscal year if— 

4 (A) a lease sale under paragraph (1) is 

5 canceled, delayed, or deferred, including for a 

6 lack of eligible parcels; or 

7 (B) during a lease sale under paragraph 

8 (1) the percentage of acreage that does not re9 ceive a bid is equal to or greater than 25 per10 cent of the acreage offered. 

11 (4) NOTICE REGARDING MISSED SALES.—Not 

12 later than 30 days after a sale required under this 

13 subsection is canceled, delayed, deferred, or other14 wise missed the Secretary of the Interior shall sub15 mit to the Committee on Natural Resources of the 

16 House of Representatives and the Committee on En17 ergy and Natural Resources of the Senate a report 

18 that states what sale was missed and why it was 

19 missed. 

20 SEC. 102. LEASE REINSTATEMENT. 

21 The reinstatement of a lease entered into under the 

22 Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Geo23 thermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) by 

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1 tion under section 102(2)(C) of the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 

3 SEC. 103. PROTESTED LEASE SALES. 

4 Section 17(b)(1)(A) of the Mineral Leasing Act (30 

5 U.S.C. 226(b)(1)(A)) is amended by inserting ‘‘The Sec6 retary shall resolve any protest to a lease sale not later 

7 than 60 days after such payment.’’ after ‘‘annual rental 

8 for the first lease year.’’. 

9 SEC. 104. SUSPENSION OF OPERATIONS. 

10 Section 17 of the Mineral Leasing Act (30 U.S.C. 

11 226) is amended by adding at the end the following: 

12 ‘‘(r) SUSPENSION OF OPERATIONS PERMITS.—In the 

13 event that an oil and gas lease owner has submitted an 

14 expression of interest for adjacent acreage that is part of 

15 the nature of the geological play and has yet to be offered 

16 in a lease sale by the Secretary, they may request a sus17 pension of operations from the Secretary of the Interior 

18 and upon request, the Secretary shall grant the suspension 

19 of operations within 15 days. Any payment of acreage 

20 rental or of minimum royalty prescribed by such lease like21 wise shall be suspended during such period of suspension 

22 of operations and production; and the term of such lease 

23 shall be extended by adding any such suspension period 

24 thereto.’’. 


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1 SEC. 105. ADMINISTRATIVE PROTEST PROCESS REFORM. 

2 Section 17 of the Mineral Leasing Act (30 U.S.C. 

3 226) is further amended by adding at the end the fol4 lowing: 

5 ‘‘(s) PROTEST FILING FEE.— 

6 ‘‘(1) IN GENERAL.—Before processing any pro7 test filed under this section, the Secretary shall col8 lect a filing fee in the amount described in para9 graph (2) from the protestor to recover the cost for 

10 processing documents filed for each administrative 

11 protest. 

12 ‘‘(2) AMOUNT.—The amount described in this 

13 paragraph is calculated as follows: 

14 ‘‘(A) For each protest filed in a submission 

15 not exceeding 10 pages in length, the base filing 

16 fee shall be $150. 

17 ‘‘(B) For each submission exceeding 10 

18 pages in length, in addition to the base filing 

19 fee, an assessment of $5 per page in excess of 

20 10 pages shall apply. 

21 ‘‘(C) For protests that include more than 

22 one oil and gas lease parcel, right-of-way, or ap23 plication for permit to drill in a submission, an 

24 additional assessment of $10 per additional 

25 lease parcel, right-of-way, or application for 

26 permit to drill shall apply. 


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1 ‘‘(3) ADJUSTMENT.— 

2 ‘‘(A) IN GENERAL.—Beginning on January 

3 1, 2022, and annually thereafter, the Secretary 

4 shall adjust the filing fees established in this 

5 subsection to whole dollar amounts to reflect 

6 changes in the Producer Price Index, as pub7 lished by the Bureau of Labor Statistics, for 

8 the previous 12 months. 

9 ‘‘(B) PUBLICATION OF ADJUSTED FILING

10 FEES.—At least 30 days before the filing fees 

11 as adjusted under this paragraph take effect, 

12 the Secretary shall publish notification of the 

13 adjustment of such fees in the Federal Reg14 ister.’’. 

15 SEC. 106. LEASING AND PERMITTING TRANSPARENCY. 

16 (a) REPORT.—Not later than 30 days after the date 

17 of the enactment of this section, and annually thereafter, 

18 the Secretary of the Interior shall submit to the Com19 mittee on Natural Resources of the House of Representa20 tives and the Committee on Energy and Natural Re21 sources of the Senate a report that describes— 

22 (1) the status of nominated parcels for future 

23 onshore oil and gas and geothermal lease sales, in24 cluding— 


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1 (A) the number of expressions of interest 

2 received each month during the period of 365 

3 days that ends on the date on which the report 

4 is submitted with respect to which the Bureau 

5 of Land Management— 

6 (i) has not taken any action to review; 

7 (ii) has not completed review; or 

8 (iii) has completed review and deter9 mined that the relevant area meets all ap10 plicable requirements for leasing, but has 

11 not offered the relevant area in a lease 

12 sale; 

13 (B) how long expressions of interest de14 scribed in subparagraph (A) have been pending; 

15 and 

16 (C) a plan, including timelines, for how the 

17 Secretary of the Interior plans to— 

18 (i) work through future expressions of 

19 interest to prevent delays; 

20 (ii) put expressions of interest de21 scribed in subparagraph (A) into a lease 

22 sale; and 

23 (iii) complete review for expressions of 

24 interest described in clauses (i) and (ii) of 

25 subparagraph (A); 


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1 (2) the status of each pending application for 

2 permit to drill received during the period of 365 

3 days that ends on the date on which the report is 

4 submitted, including the number of applications re5 ceived each month, by each Bureau of Land Man6 agement office, including— 

7 (A) a description of the cause of delay for 

8 pending applications, including as a result of 

9 staffing shortages, technical limitations, incom10 plete applications, and incomplete review pursu11 ant to the National Environmental Policy Act 

12 of 1969 (42 U.S.C. 4321 et seq.) or other ap13 plicable laws; 

14 (B) the number of days an application has 

15 been pending in violation of section 17(p)(2) of 

16 the Mineral Leasing Act (30 U.S.C. 226(p)(2)); 

17 and 

18 (C) a plan for how the office intends to 

19 come into compliance with the requirements of 

20 section 17(p)(2) of the Mineral Leasing Act (30 

21 U.S.C. 226(p)(2)); 

22 (3) the number of permits to drill issued each 

23 month by each Bureau of Land Management office 

24 during the 5-year period ending on the date on 

25 which the report is submitted; 


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1 (4) the status of each pending application for a 

2 license for offshore geological and geophysical sur3 veys received during the period of 365 days that 

4 ends on the date on which the report is submitted, 

5 including the number of applications received each 

6 month, by each Bureau of Ocean Energy manage7 ment regional office, including— 

8 (A) a description of any cause of delay for 

9 pending applications, including as a result of 

10 staffing shortages, technical limitations, incom11 plete applications, and incomplete review pursu12 ant to the National Environmental Policy Act 

13 of 1969 (42 U.S.C. 4321 et seq.) or other ap14 plicable laws; 

15 (B) the number of days an application has 

16 been pending; and 

17 (C) a plan for how the Bureau of Ocean 

18 Energy Management intends to complete review 

19 of each application; 

20 (5) the number of licenses for offshore geologi21 cal and geophysical surveys issued each month by 

22 each Bureau of Ocean Energy Management regional 

23 office during the 5-year period ending on the date on 

24 which the report is submitted; 


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1 (6) the status of each pending application for a 

2 permit to drill received during the period of 365 

3 days that ends on the date on which the report is 

4 submitted, including the number of applications re5 ceived each month, by each Bureau of Safety and 

6 Environmental Enforcement regional office, includ7 ing— 

8 (A) a description of any cause of delay for 

9 pending applications, including as a result of 

10 staffing shortages, technical limitations, incom11 plete applications, and incomplete review pursu12 ant to the National Environmental Policy Act 

13 of 1969 (42 U.S.C. 4321 et seq.) or other ap14 plicable laws; 

15 (B) the number of days an application has 

16 been pending; and 

17 (C) steps the Bureau of Safety and Envi18 ronmental Enforcement is taking to complete 

19 review of each application; 

20 (7) the number of permits to drill issued each 

21 month by each Bureau of Safety and Environmental 

22 Enforcement regional office during the period of 365 

23 days that ends on the date on which the report is 

24 submitted; 


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1 (8) how, as applicable, the Bureau of Land 

2 Management, the Bureau of Ocean Energy Manage3 ment, and the Bureau of Safety and Environmental 

4 Enforcement determines whether to— 

5 (A) issue a license for geological and geo6 physical surveys; 

7 (B) issue a permit to drill; and 

8 (C) issue, extend, or suspend an oil and 

9 gas lease; 

10 (9) when determinations described in paragraph 

11 (8) are sent to the national office of the Bureau of 

12 Land Management, the Bureau of Ocean Energy 

13 Management, or the Bureau of Safety and Environ14 mental Enforcement for final approval; 

15 (10) the degree to which Bureau of Land Man16 agement, Bureau of Ocean Energy Management, 

17 and Bureau of Safety and Environmental Enforce18 ment field, State, and regional offices exercise dis19 cretion on such final approval; 

20 (11) during the period of 365 days that ends on 

21 the date on which the report is submitted, the num22 ber of auctioned leases receiving accepted bids that 

23 have not been issued to winning bidders and the 

24 number of days such leases have not been issued; 

25 and 


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1 (12) a description of the uses of application for 

2 permit to drill fees paid by permit holders during 

3 the 5-year period ending on the date on which the 

4 report is submitted. 

5 (b) PENDING APPLICATIONS FOR PERMITS TO

6 DRILL.—Not later than 30 days after the date of the en7 actment of this section, the Secretary of the Interior 

8 shall— 

9 (1) complete all requirements under the Na10 tional Environmental Policy Act of 1969 (42 U.S.C. 

11 4321 et seq.) and other applicable law that must be 

12 met before issuance of a permit to drill described in 

13 paragraph (2); and 

14 (2) issue a permit for all completed applications 

15 to drill that are pending on the date of the enact16 ment of this Act. 

17 (c) PUBLIC AVAILABILITY OF DATA.— 

18 (1) MINERAL LEASING ACT.—Section 17 of the 

19 Mineral Leasing Act (30 U.S.C. 226) is further 

20 amended by adding at the end the following: 

21 ‘‘(t) PUBLIC AVAILABILITY OF DATA.— 

22 ‘‘(1) EXPRESSIONS OF INTEREST.—Not later 

23 than 30 days after the date of the enactment of this 

24 subsection, and each month thereafter, the Secretary 

25 shall publish on the website of the Department of 


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1 the Interior the number of pending, approved, and 

2 not approved expressions of interest in nominated 

3 parcels for future onshore oil and gas lease sales in 

4 the preceding month. 

5 ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL.— 

6 Not later than 30 days after the date of the enact7 ment of this subsection, and each month thereafter, 

8 the Secretary shall publish on the website of the De9 partment of the Interior the number of pending and 

10 approved applications for permits to drill in the pre11 ceding month in each State office. 

12 ‘‘(3) PAST DATA.—Not later than 30 days after 

13 the date of the enactment of this subsection, the 

14 Secretary shall publish on the website of the Depart15 ment of the Interior, with respect to each month 

16 during the 5-year period ending on the date of the 

17 enactment of this subsection— 

18 ‘‘(A) the number of approved and not ap19 proved expressions of interest for onshore oil 

20 and gas lease sales during such 5-year period; 

21 and 

22 ‘‘(B) the number of approved and not ap23 proved applications for permits to drill during 

24 such 5-year period.’’. 


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1 (2) OUTER CONTINENTAL SHELF LANDS ACT.— 

2 Section 8 of the Outer Continental Shelf Lands Act 

3 (43 U.S.C. 1337) is amended by adding at the end 

4 the following: 

5 ‘‘(q) PUBLIC AVAILABILITY OF DATA.— 

6 ‘‘(1) OFFSHORE GEOLOGICAL AND GEO7 PHYSICAL SURVEY LICENSES.—Not later than 30 

8 days after the date of the enactment of this sub9 section, and each month thereafter, the Secretary 

10 shall publish on the website of the Department of 

11 the Interior the number of pending and approved 

12 applications for licenses for offshore to geological 

13 and geophysical surveys in the preceding month. 

14 ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL.— 

15 Not later than 30 days after the date of the enact16 ment of this subsection, and each month thereafter, 

17 the Secretary shall publish on the website of the De18 partment of the Interior the number of pending and 

19 approved applications for permits to drill on the 

20 outer Continental Shelf in the preceding month in 

21 each regional office. 

22 ‘‘(3) PAST DATA.—Not later than 30 days after 

23 the date of the enactment of this subsection, the 

24 Secretary shall publish on the website of the Depart25 ment of the Interior, with respect each month during 


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1 the 5-year period ending on the date of the enact2 ment of this subsection— 

3 ‘‘(A) the number of approved applications 

4 for licenses for offshore geological and geo5 physical surveys; and 

6 ‘‘(B) the number of approved applications 

7 for permits to drill on the outer Continental 

8 Shelf.’’. 

9 (d) REQUIREMENT TO SUBMIT DOCUMENTS AND

10 COMMUNICATIONS.— 

11 (1) IN GENERAL.—Not later than 60 days after 

12 the date of the enactment of this section, the Sec13 retary of the Interior shall submit to the Committee 

14 on Energy and Natural Resources of the Senate and 

15 the Committee on Natural Resources of the House 

16 of Representatives all documents and communica17 tions relating to the comprehensive review of Federal 

18 oil and gas permitting and leasing practices required 

19 under section 208 of Executive Order 14008 (86 

20 Fed. Reg. 7624; relating to tackling the climate cri21 sis at home and abroad). 

22 (2) INCLUSIONS.—The submission under para23 graph (1) shall include all documents and commu24 nications submitted to the Secretary of the Interior 

25 by members of the public in response to any public 


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1 meeting or forum relating to the comprehensive re2 view described in that paragraph. 

3 SEC. 107. OFFSHORE OIL AND GAS LEASING. 

4 (a) IN GENERAL.—The Secretary shall conduct all 

5 lease sales described in the 2017–2022 Outer Continental 

6 Shelf Oil and Gas Leasing Proposed Final Program (No7 vember 2016) that have not been conducted as of the date 

8 of the enactment of this Act by not later than September 

9 30, 2023. 

10 (b) GULF OF MEXICO REGION ANNUAL LEASE

11 SALES.—Notwithstanding any other provision of law, and 

12 except within areas subject to existing oil and gas leasing 

13 moratoria beginning in fiscal year 2023, the Secretary of 

14 the Interior shall annually conduct a minimum of 2 re15 gion-wide oil and gas lease sales in the following planning 

16 areas of the Gulf of Mexico region, as described in the 

17 2017–2022 Outer Continental Shelf Oil and Gas Leasing 

18 Proposed Final Program (November 2016): 

19 (1) The Central Gulf of Mexico Planning Area. 

20 (2) The Western Gulf of Mexico Planning Area. 

21 (c) ALASKA REGION ANNUAL LEASE SALES.—Not22 withstanding any other provision of law, beginning in fis23 cal year 2023, the Secretary of the Interior shall annually 

24 conduct a minimum of 2 region-wide oil and gas lease 

25 sales in the Alaska region of the Outer Continental Shelf, 


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1 as described in the 2017–2022 Outer Continental Shelf 

2 Oil and Gas Leasing Proposed Final Program (November 

3 2016). 

4 (d) REQUIREMENTS.—In conducting lease sales 

5 under subsections (b) and (c), the Secretary of the Interior 

6 shall— 

7 (1) issue such leases in accordance with the 

8 Outer Continental Shelf Lands Act (43 U.S.C. 1332 

9 et seq.); and 

10 (2) include in each such lease sale all unleased 

11 areas that are not subject to a moratorium as of the 

12 date of the lease sale. 

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

14 LEASING. 

15 Section 18 of the Outer Continental Shelf Lands Act 

16 (43 U.S.C. 1344) is amended— 

17 (1) in subsection (a)— 

18 (A) by striking ‘‘subsections (c) and (d) of 

19 this section, shall prepare and periodically re20 vise,’’ and inserting ‘‘this section, shall issue 

21 every five years’’; 

22 (B) by adding at the end the following: 

23 ‘‘(5) Each five-year program shall include at 

24 least two Gulf of Mexico region-wide lease sales per 

25 year.’’; and 


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1 (C) in paragraph (3), by inserting ‘‘domes2 tic energy security,’’ after ‘‘between’’; 

3 (2) by redesignating subsections (f) through (i) 

4 as subsections (h) through (k), respectively; and 

5 (3) by inserting after subsection (e) the fol6 lowing: 

7 ‘‘(f) FIVE-YEAR PROGRAM FOR 2023–2028.—The 

8 Secretary shall issue the five-year oil and gas leasing pro9 gram for 2023 through 2028 and issue the Record of De10 cision on the Final Programmatic Environmental Impact 

11 Statement by not later than July 1, 2023. 

12 ‘‘(g) SUBSEQUENT LEASING PROGRAMS.— 

13 ‘‘(1) IN GENERAL.—Not later than 36 months 

14 after conducting the first lease sale under an oil and 

15 gas leasing program prepared pursuant to this sec16 tion, the Secretary shall begin preparing the subse17 quent oil and gas leasing program under this sec18 tion. 

19 ‘‘(2) REQUIREMENT.—Each subsequent oil and 

20 gas leasing program under this section shall be ap21 proved by not later than 180 days before the expira22 tion of the previous oil and gas leasing program.’’. 


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1 SEC. 109. GEOTHERMAL LEASING. 

2 (a) ANNUAL LEASING.—Section 4(b) of the Geo3 thermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amend4 ed— 

5 (1) in paragraph (2), by striking ‘‘2 years’’ and 

6 inserting ‘‘year’’; 

7 (2) by redesignating paragraphs (3) and (4) as 

8 paragraphs (5) and (6), respectively; and 

9 (3) after paragraph (2), by inserting the fol10 lowing: 

11 ‘‘(3) REPLACEMENT SALES.—If a lease sale 

12 under paragraph (1) for a year is canceled or de13 layed, the Secretary of the Interior shall conduct a 

14 replacement sale during the same year. 

15 ‘‘(4) REQUIREMENT.—In conducting a lease 

16 sale under paragraph (2) in a State described in 

17 that paragraph, the Secretary of the Interior shall 

18 offer all nominated parcels eligible for geothermal 

19 development and utilization under the resource man20 agement plan in effect for the State.’’. 

21 (b) DEADLINES FOR CONSIDERATION OF GEO22 THERMAL DRILLING PERMITS.—Section 4 of the Geo23 thermal Steam Act of 1970 (30 U.S.C. 1003) is amended 

24 by adding at the end the following: 

25 ‘‘(h) DEADLINES FOR CONSIDERATION OF GEO26 THERMAL DRILLING PERMITS.— 


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1 ‘‘(1) NOTICE.—Not later than 30 days after the 

2 date on which the Secretary receives an application 

3 for any geothermal drilling permit, the Secretary 

4 shall— 

5 ‘‘(A) provide written notice to the appli6 cant that the application is complete; or 

7 ‘‘(B) notify the applicant that information 

8 is missing and specify any information that is 

9 required to be submitted for the application to 

10 be complete. 

11 ‘‘(2) ISSUANCE OF DECISION.—If the Secretary 

12 determines that an application for a geothermal 

13 drilling permit is complete under paragraph (1)(A), 

14 the Secretary shall issue a final decision on the ap15 plication not later than 30 days after the Secretary 

16 notifies the applicant that the application is com17 plete.’’. 

18 SEC. 110. LEASING FOR CERTAIN QUALIFIED COAL APPLI19 CATIONS. 

20 (a) DEFINITIONS.—In this section: 

21 (1) COAL LEASE.—The term ‘‘coal lease’’ 

22 means a lease entered into by the United States as 

23 lessor, through the Bureau of Land Management, 

24 and the applicant on Bureau of Land Management 

25 Form 3400–012. 


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1 (2) QUALIFIED APPLICATION.—The term 

2 ‘‘qualified application’’ means any application pend3 ing under the lease by application program adminis4 tered by the Bureau of Land Management pursuant 

5 to the Mineral Leasing Act (30 U.S.C. 181 et seq.) 

6 and subpart 3425 of title 43, Code of Federal Regu7 lations (as in effect on the date of the enactment of 

8 this Act), for which the environmental review proc9 ess under the National Environmental Policy Act of 

10 1969 (42 U.S.C. 4321 et seq.) has commenced. 

11 (b) MANDATORY LEASING AND OTHER REQUIRED

12 APPROVALS.—As soon as practicable after the date of the 

13 enactment of this Act, the Secretary shall promptly— 

14 (1) with respect to each qualified application— 

15 (A) if not previously published for public 

16 comment, publish a draft environmental assess17 ment, as required under the National Environ18 mental Policy Act of 1969 (42 U.S.C. 4321 et 

19 seq.) and any applicable implementing regula20 tions; 

21 (B) finalize the fair market value of the 

22 coal tract for which a lease by application is 

23 pending; 

24 (C) take all intermediate actions necessary 

25 to grant the qualified application; and 


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1 (D) grant the qualified application; and 

2 (2) with respect to previously awarded coal 

3 leases, grant any additional approvals of the Depart4 ment of the Interior or any bureau, agency, or divi5 sion of the Department of the Interior required for 

6 mining activities to commence. 

7 SEC. 111. FUTURE COAL LEASING. 

8 Notwithstanding any judicial decision to the contrary 

9 or a departmental review of the Federal coal leasing pro10 gram, Secretarial Order 3338, issued by the Secretary of 

11 the Interior on January 15, 2016, shall have no force or 

12 effect. 

13 SEC. 112. STAFF PLANNING REPORT. 

14 The Secretary of the Interior and the Secretary of 

15 Agriculture shall each annually submit to the Committee 

16 on Natural Resources of the House of Representatives and 

17 the Committee on Energy and Natural Resources of the 

18 Senate a report on the staffing capacity of each respective 

19 agency with respect to issuing oil, gas, hardrock mining, 

20 coal, and renewable energy leases, rights-of-way, claims, 

21 easements, and permits. Each such report shall include— 

22 (1) the number of staff assigned to process and 

23 issue oil, gas, hardrock mining, coal, and renewable 

24 energy leases, rights-of-way, claims, easements, and 

25 permits; 


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1 (2) a description of how many staff are needed 

2 to meet statutory requirements for such oil, gas, 

3 hardrock mining, coal, and renewable energy leases, 

4 rights-of-way, claims, easements, and permits; and 

5 (3) how, as applicable, the Department of the 

6 Interior or the Department of Agriculture plans to 

7 address staffing shortfalls and turnover to ensure 

8 adequate staffing to process and issue such oil, gas, 

9 hardrock mining, coal, and renewable energy leases, 

10 rights-of-way, claims, easements, and permits. 

11 TITLE II—PERMITTING 

12 STREAMLINING 

13 SEC. 201. DEFINITIONS. 

14 In this title: 

15 (1) ENERGY FACILITY.—The term ‘‘energy fa16 cility’’ means a facility the primary purpose of which 

17 is the exploration for, or the development, produc18 tion, conversion, gathering, storage, transfer, proc19 essing, or transportation of, any energy resource. 

20 (2) ENERGY STORAGE DEVICE.—The term ‘‘en21 ergy storage device’’— 

22 (A) means any equipment that stores en23 ergy, including electricity, compressed air, 

24 pumped water, heat, and hydrogen, which may 


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1 be converted into, or used to produce, elec2 tricity; and 

3 (B) includes a battery, regenerative fuel 

4 cell, flywheel, capacitor, superconducting mag5 net, and any other equipment the Secretary 

6 concerned determines may be used to store en7 ergy which may be converted into, or used to 

8 produce, electricity. 

9 (3) PUBLIC LANDS.—The term ‘‘public lands’’ 

10 means any land and interest in land owned by the 

11 United States within the several States and adminis12 tered by the Secretary of the Interior or the Sec13 retary of Agriculture without regard to how the 

14 United States acquired ownership, except— 

15 (A) lands located on the Outer Continental 

16 Shelf; and 

17 (B) lands held in trust by the United 

18 States for the benefit of Indians, Indian Tribes, 

19 Aleuts, and Eskimos. 

20 (4) RIGHT-OF-WAY.—The term ‘‘right-of-way’’ 

21 means— 

22 (A) a right-of-way issued, granted, or re23 newed under section 501 of the Federal Land 

24 Policy and Management Act of 1976 (43 U.S.C. 

25 1761); or 


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1 (B) a right-of-way granted under section 

2 28 of the Mineral Leasing Act (30 U.S.C. 185). 

3 (5) SECRETARY CONCERNED.—The term ‘‘Sec4 retary concerned’’ means— 

5 (A) with respect to public lands, the Sec6 retary of the Interior; and 

7 (B) with respect to National Forest Sys8 tem lands, the Secretary of Agriculture. 

9 (6) LAND USE PLAN.—The term ‘‘land use 

10 plan’’ means— 

11 (A) a land and resource management plan 

12 prepared by the Forest Service for a unit of the 

13 National Forest System pursuant to section 6 

14 of the Forest and Rangeland Renewable Re15 sources Planning Act of 1974 (16 U.S.C. 

16 1604); 

17 (B) a Land Management Plan developed 

18 by the Bureau of Land Management under the 

19 Federal Land Policy and Management Act of 

20 1976 (43 U.S.C. 1701 et seq.); or 

21 (C) a comprehensive conservation plan de22 veloped by the United States Fish and Wildlife 

23 Service under section 4(e)(1)(A) of the National 

24 Wildlife Refuge System Administration Act of 

25 1966 (16 U.S.C. 668dd(e)(1)(A)). 


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1 SEC. 202. BUILDER ACT. 

2 (a) PARAGRAPH (2) OF SECTION 102.—Section 

3 102(2) of the National Environmental Policy Act of 1969 

4 (42 U.S.C. 4332(2)) is amended— 

5 (1) in subparagraph (A), by striking ‘‘insure’’ 

6 and inserting ‘‘ensure’’; 

7 (2) in subparagraph (B), by striking ‘‘insure’’ 

8 and inserting ‘‘ensure’’; 

9 (3) in subparagraph (C)— 

10 (A) by inserting ‘‘consistent with the provi11 sions of this Act and except as provided by 

12 other provisions of law,’’ before ‘‘include in 

13 every’’; 

14 (B) by striking clauses (i) through (v) and 

15 inserting the following: 

16 ‘‘(i) reasonably foreseeable environmental 

17 effects with a reasonably close causal relation18 ship to the proposed agency action; 

19 ‘‘(ii) any reasonably foreseeable adverse en20 vironmental effects which cannot be avoided 

21 should the proposal be implemented; 

22 ‘‘(iii) a reasonable number of alternatives 

23 to the proposed agency action, including an 

24 analysis of any negative environmental impacts 

25 of not implementing the proposed agency action 

26 in the case of a no action alternative, that are 


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1 technically and economically feasible, are within 

2 the jurisdiction of the agency, meet the purpose 

3 and need of the proposal, and, where applicable, 

4 meet the goals of the applicant; 

5 ‘‘(iv) the relationship between local short6 term uses of man’s environment and the main7 tenance and enhancement of long-term produc8 tivity; and 

9 ‘‘(v) any irreversible and irretrievable com10 mitments of Federal resources which would be 

11 involved in the proposed agency action should it 

12 be implemented.’’; and 

13 (C) by striking ‘‘the responsible Federal 

14 official’’ and inserting ‘‘the head of the lead 

15 agency’’; 

16 (4) in subparagraph (D), by striking ‘‘Any’’ 

17 and inserting ‘‘any’’; 

18 (5) by redesignating subparagraphs (D) 

19 through (I) as subparagraphs (F) through (K), re20 spectively; 

21 (6) by inserting after subparagraph (C) the fol22 lowing: 

23 ‘‘(D) ensure the professional integrity, including 

24 scientific integrity, of the discussion and analysis in 

25 an environmental document; 


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1 ‘‘(E) make use of reliable existing data and re2 sources in carrying out this Act;’’; 

3 (7) by amending subparagraph (G), as redesig4 nated, to read as follows: 

5 ‘‘(G) consistent with the provisions of this Act, 

6 study, develop, and describe technically and economi7 cally feasible alternatives within the jurisdiction and 

8 authority of the agency;’’; and 

9 (8) in subparagraph (H), as amended, by in10 serting ‘‘consistent with the provisions of this Act,’’ 

11 before ‘‘recognize’’. 

12 (b) NEW SECTIONS.—Title I of the National Envi13 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

14 is amended by adding at the end the following: 

15 ‘‘SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF 

16 REVIEW. 

17 ‘‘(a) THRESHOLD DETERMINATIONS.—An agency is 

18 not required to prepare an environmental document with 

19 respect to a proposed agency action if— 

20 ‘‘(1) the proposed agency action is not a final 

21 agency action within the meaning of such term in 

22 chapter 5 of title 5, United States Code; 

23 ‘‘(2) the proposed agency action is covered by 

24 a categorical exclusion established by a Federal 

25 agency or by another provision of law; 


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1 ‘‘(3) the preparation of such document would 

2 clearly and fundamentally conflict with the require3 ments of another provision of law; 

4 ‘‘(4) the proposed agency action is, in whole or 

5 in part, a nondiscretionary action with respect to 

6 which such agency does not have authority to take 

7 environmental factors into consideration in deter8 mining whether to take the proposed action; 

9 ‘‘(5) the proposed agency action is a rulemaking 

10 that is subject to section 553 of title 5, United 

11 States Code; or 

12 ‘‘(6) the proposed agency action is an action for 

13 which such agency’s compliance with another stat14 ute’s requirements serve the same or similar func15 tion as the requirements of this Act with respect to 

16 such action. 

17 ‘‘(b) LEVELS OF REVIEW.— 

18 ‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.— 

19 An agency shall issue an environmental impact 

20 statement with respect to a proposed agency action 

21 that has a significant effect on the quality of the 

22 human environment. 

23 ‘‘(2) ENVIRONMENTAL ASSESSMENT.—An agen24 cy shall prepare an environmental assessment with 

25 respect to a proposed agency action that is not likely 


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1 to have a significant effect on the quality of the 

2 human environment, or if the significance of such ef3 fect is unknown. Such environmental assessment 

4 shall be a concise public document prepared by a 

5 Federal agency to set forth the basis of such agen6 cy’s finding of no significant impact. 

7 ‘‘(3) SOURCES OF INFORMATION.—In making a 

8 determination under this subsection, an agency— 

9 ‘‘(A) may make use of any reliable data 

10 source; and 

11 ‘‘(B) is not required to undertake new sci12 entific or technical research. 

13 ‘‘SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS. 

14 ‘‘(a) LEAD AGENCY.— 

15 ‘‘(1) DESIGNATION.— 

16 ‘‘(A) IN GENERAL.—If there are two or 

17 more involved Federal agencies, such agencies 

18 shall determine, by letter or memorandum, 

19 which agency shall be the lead agency based on 

20 consideration of the following factors: 

21 ‘‘(i) Magnitude of agency’s involve22 ment. 

23 ‘‘(ii) Project approval or disapproval 

24 authority. 


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1 ‘‘(iii) Expertise concerning the ac2 tion’s environmental effects. 

3 ‘‘(iv) Duration of agency’s involve4 ment. 

5 ‘‘(v) Sequence of agency’s involve6 ment. 

7 ‘‘(B) JOINT LEAD AGENCIES.—In making 

8 a determination under subparagraph (A), the 

9 involved Federal agencies may, in addition to a 

10 Federal agency, appoint such Federal, State, 

11 Tribal, or local agencies as joint lead agencies 

12 as the involved Federal agencies shall determine 

13 appropriate. Joint lead agencies shall jointly 

14 fulfill the role described in paragraph (2). 

15 ‘‘(C) MINERAL PROJECTS.—This para16 graph shall not apply with respect to a mineral 

17 exploration or mine permit. 

18 ‘‘(2) ROLE.—A lead agency shall, with respect 

19 to a proposed agency action— 

20 ‘‘(A) supervise the preparation of an envi21 ronmental document if, with respect to such 

22 proposed agency action, there is more than one 

23 involved Federal agency; 


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1 ‘‘(B) request the participation of each co2 operating agency at the earliest practicable 

3 time; 

4 ‘‘(C) in preparing an environmental docu5 ment, give consideration to any analysis or pro6 posal created by a cooperating agency with ju7 risdiction by law or a cooperating agency with 

8 special expertise; 

9 ‘‘(D) develop a schedule, in consultation 

10 with each involved cooperating agency, the ap11 plicant, and such other entities as the lead 

12 agency determines appropriate, for completion 

13 of any environmental review, permit, or author14 ization required to carry out the proposed agen15 cy action; 

16 ‘‘(E) if the lead agency determines that a 

17 review, permit, or authorization will not be com18 pleted in accordance with the schedule devel19 oped under subparagraph (D), notify the agen20 cy responsible for issuing such review, permit, 

21 or authorization of the discrepancy and request 

22 that such agency take such measures as such 

23 agency determines appropriate to comply with 

24 such schedule; and 


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1 ‘‘(F) meet with a cooperating agency that 

2 requests such a meeting. 

3 ‘‘(3) COOPERATING AGENCY.—The lead agency 

4 may, with respect to a proposed agency action, des5 ignate any involved Federal agency or a State, Trib6 al, or local agency as a cooperating agency. A co7 operating agency may, not later than a date speci8 fied by the lead agency, submit comments to the 

9 lead agency. Such comments shall be limited to mat10 ters relating to the proposed agency action with re11 spect to which such agency has special expertise or 

12 jurisdiction by law with respect to an environmental 

13 issue. 

14 ‘‘(4) REQUEST FOR DESIGNATION.—Any Fed15 eral, State, Tribal, or local agency or person that is 

16 substantially affected by the lack of a designation of 

17 a lead agency with respect to a proposed agency ac18 tion under paragraph (1) may submit a written re19 quest for such a designation to an involved Federal 

20 agency. An agency that receives a request under this 

21 paragraph shall transmit such request to each in22 volved Federal agency and to the Council. 

23 ‘‘(5) COUNCIL DESIGNATION.— 

24 ‘‘(A) REQUEST.—Not earlier than 45 days 

25 after the date on which a request is submitted 


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1 under paragraph (4), if no designation has been 

2 made under paragraph (1), a Federal, State, 

3 Tribal, or local agency or person that is sub4 stantially affected by the lack of a designation 

5 of a lead agency may request that the Council 

6 designate a lead agency. Such request shall con7 sist of— 

8 ‘‘(i) a precise description of the nature 

9 and extent of the proposed agency action; 

10 and 

11 ‘‘(ii) a detailed statement with respect 

12 to each involved Federal agency and each 

13 factor listed in paragraph (1) regarding 

14 which agency should serve as lead agency. 

15 ‘‘(B) TRANSMISSION.—The Council shall 

16 transmit a request received under subparagraph 

17 (A) to each involved Federal agency. 

18 ‘‘(C) RESPONSE.—An involved Federal 

19 agency may, not later than 20 days after the 

20 date of the submission of a request under sub21 paragraph (A), submit to the Council a re22 sponse to such request. 

23 ‘‘(D) DESIGNATION.—Not later than 40 

24 days after the date of the submission of a re25 quest under subparagraph (A), the Council 


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1 shall designate the lead agency with respect to 

2 the relevant proposed agency action. 

3 ‘‘(b) ONE DOCUMENT.— 

4 ‘‘(1) DOCUMENT.—To the extent practicable, if 

5 there are 2 or more involved Federal agencies with 

6 respect to a proposed agency action and the lead 

7 agency has determined that an environmental docu8 ment is required, such requirement shall be deemed 

9 satisfied with respect to all involved Federal agencies 

10 if the lead agency issues such an environmental doc11 ument. 

12 ‘‘(2) CONSIDERATION TIMING.—In developing 

13 an environmental document for a proposed agency 

14 action, no involved Federal agency shall be required 

15 to consider any information that becomes available 

16 after the sooner of, as applicable— 

17 ‘‘(A) receipt of a complete application with 

18 respect to such proposed agency action; or 

19 ‘‘(B) publication of a notice of intent or 

20 decision to prepare an environmental impact 

21 statement for such proposed agency action. 

22 ‘‘(3) SCOPE OF REVIEW.—In developing an en23 vironmental document for a proposed agency action, 

24 the lead agency and any other involved Federal 


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1 agencies shall only consider the effects of the pro2 posed agency action that— 

3 ‘‘(A) occur on Federal land; or 

4 ‘‘(B) are subject to Federal control and re5 sponsibility. 

6 ‘‘(c) REQUEST FOR PUBLIC COMMENT.—Each notice 

7 of intent to prepare an environmental impact statement 

8 under section 102 shall include a request for public com9 ment on alternatives or impacts and on relevant informa10 tion, studies, or analyses with respect to the proposed 

11 agency action. 

12 ‘‘(d) STATEMENT OF PURPOSE AND NEED.—Each 

13 environmental impact statement shall include a statement 

14 of purpose and need that briefly summarizes the under15 lying purpose and need for the proposed agency action. 

16 ‘‘(e) ESTIMATED TOTAL COST.—The cover sheet for 

17 each environmental impact statement shall include a state18 ment of the estimated total cost of preparing such environ19 mental impact statement, including the costs of agency 

20 full-time equivalent personnel hours, contractor costs, and 

21 other direct costs. 

22 ‘‘(f) PAGE LIMITS.— 

23 ‘‘(1) ENVIRONMENTAL IMPACT STATEMENTS.— 

24 ‘‘(A) IN GENERAL.—Except as provided in 

25 subparagraph (B), an environmental impact 


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1 statement shall not exceed 150 pages, not in2 cluding any citations or appendices. 

3 ‘‘(B) EXTRAORDINARY COMPLEXITY.—An 

4 environmental impact statement for a proposed 

5 agency action of extraordinary complexity shall 

6 not exceed 300 pages, not including any cita7 tions or appendices. 

8 ‘‘(2) ENVIRONMENTAL ASSESSMENTS.—An en9 vironmental assessment shall not exceed 75 pages, 

10 not including any citations or appendices. 

11 ‘‘(g) SPONSOR PREPARATION.—A lead agency shall 

12 allow a project sponsor to prepare an environmental as13 sessment or an environmental impact statement upon re14 quest of the project sponsor. Such agency may provide 

15 such sponsor with appropriate guidance and assist in the 

16 preparation. The lead agency shall independently evaluate 

17 the environmental document and shall take responsibility 

18 for the contents upon adoption. 

19 ‘‘(h) DEADLINES.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), with respect to a proposed agency action, 

22 a lead agency shall complete, as applicable— 

23 ‘‘(A) the environmental impact statement 

24 not later than the date that is 2 years after the 

25 sooner of, as applicable— 


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1 ‘‘(i) the date on which such agency 

2 determines that section 102(2)(C) requires 

3 the issuance of an environmental impact 

4 statement with respect to such action; 

5 ‘‘(ii) the date on which such agency 

6 notifies the applicant that the application 

7 to establish a right-of-way for such action 

8 is complete; and 

9 ‘‘(iii) the date on which such agency 

10 issues a notice of intent to prepare the en11 vironmental impact statement for such ac12 tion; and 

13 ‘‘(B) the environmental assessment not 

14 later than the date that is 1 year after the 

15 sooner of, as applicable— 

16 ‘‘(i) the date on which such agency 

17 determines that section 106(b)(2) requires 

18 the preparation of an environmental as19 sessment with respect to such action; 

20 ‘‘(ii) the date on which such agency 

21 notifies the applicant that the application 

22 to establish a right-of-way for such action 

23 is complete; and 


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1 ‘‘(iii) the date on which such agency 

2 issues a notice of intent to prepare the en3 vironmental assessment for such action. 

4 ‘‘(2) DELAY.—A lead agency that determines it 

5 is not able to meet the deadline described in para6 graph (1) may extend such deadline with the ap7 proval of the applicant. If the applicant approves 

8 such an extension, the lead agency shall establish a 

9 new deadline that provides only so much additional 

10 time as is necessary to complete such environmental 

11 impact statement or environmental assessment. 

12 ‘‘(3) EXPENDITURES FOR DELAY.—If a lead 

13 agency is unable to meet the deadline described in 

14 paragraph (1) or extended under paragraph (2), the 

15 lead agency must pay $100 per day, to the extent 

16 funding is provided in advance in an appropriations 

17 Act, out of the office of the head of the department 

18 of the lead agency to the applicant starting on the 

19 first day immediately following the deadline de20 scribed in paragraph (1) or extended under para21 graph (2) up until the date that an applicant ap22 proves a new deadline. This paragraph does not 

23 apply when the lead agency misses a deadline solely 

24 due to delays caused by litigation. 

25 ‘‘(i) REPORT.— 


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1 ‘‘(1) IN GENERAL.—The head of each lead 

2 agency shall annually submit to the Committee on 

3 Natural Resources of the House of Representatives 

4 and the Committee on Environment and Public 

5 Works of the Senate a report that— 

6 ‘‘(A) identifies any environmental assess7 ment and environmental impact statement that 

8 such lead agency did not complete by the dead9 line described in subsection (h); and 

10 ‘‘(B) provides an explanation for any fail11 ure to meet such deadline. 

12 ‘‘(2) INCLUSIONS.—Each report submitted 

13 under paragraph (1) shall identify, as applicable— 

14 ‘‘(A) the office, bureau, division, unit, or 

15 other entity within the Federal agency respon16 sible for each such environmental assessment 

17 and environmental impact statement; 

18 ‘‘(B) the date on which— 

19 ‘‘(i) such lead agency notified the ap20 plicant that the application to establish a 

21 right-of-way for the major Federal action 

22 is complete; 

23 ‘‘(ii) such lead agency began the 

24 scoping for the major Federal action; or 


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1 ‘‘(iii) such lead agency issued a notice 

2 of intent to prepare the environmental as3 sessment or environmental impact state4 ment for the major Federal action; and 

5 ‘‘(C) when such environmental assessment 

6 and environmental impact statement is expected 

7 to be complete. 

8 ‘‘SEC. 108. JUDICIAL REVIEW. 

9 ‘‘(a) LIMITATIONS ON CLAIMS.—Notwithstanding 

10 any other provision of law, a claim arising under Federal 

11 law seeking judicial review of compliance with this Act, 

12 of a determination made under this Act, or of Federal ac13 tion resulting from a determination made under this Act, 

14 shall be barred unless— 

15 ‘‘(1) in the case of a claim pertaining to a pro16 posed agency action for which— 

17 ‘‘(A) an environmental document was pre18 pared and an opportunity for comment was pro19 vided; 

20 ‘‘(B) the claim is filed by a party that par21 ticipated in the administrative proceedings re22 garding such environmental document; and 

23 ‘‘(C) the claim— 

24 ‘‘(i) is filed by a party that submitted 

25 a comment during the public comment peVerDate Sep 11 2014 22:06 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H1335.IH H1335

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1 riod for such administrative proceedings 

2 and such comment was sufficiently detailed 

3 to put the lead agency on notice of the 

4 issue upon which the party seeks judicial 

5 review; and 

6 ‘‘(ii) is related to such comment; 

7 ‘‘(2) except as provided in subsection (b), such 

8 claim is filed not later than 120 days after the date 

9 of publication of a notice in the Federal Register of 

10 agency intent to carry out the proposed agency ac11 tion; 

12 ‘‘(3) such claim is filed after the issuance of a 

13 record of decision or other final agency action with 

14 respect to the relevant proposed agency action; 

15 ‘‘(4) such claim does not challenge the estab16 lishment or use of a categorical exclusion under sec17 tion 102; and 

18 ‘‘(5) such claim concerns— 

19 ‘‘(A) an alternative included in the envi20 ronmental document; or 

21 ‘‘(B) an environmental effect considered in 

22 the environmental document. 

23 ‘‘(b) SUPPLEMENTAL ENVIRONMENTAL IMPACT

24 STATEMENT.— 


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1 ‘‘(1) SEPARATE FINAL AGENCY ACTION.—The 

2 issuance of a Federal action resulting from a final 

3 supplemental environmental impact statement shall 

4 be considered a final agency action for the purposes 

5 of chapter 5 of title 5, United States Code, separate 

6 from the issuance of any previous environmental im7 pact statement with respect to the same proposed 

8 agency action. 

9 ‘‘(2) DEADLINE FOR FILING A CLAIM.—A claim 

10 seeking judicial review of a Federal action resulting 

11 from a final supplemental environmental review 

12 issued under section 102(2)(C) shall be barred un13 less— 

14 ‘‘(A) such claim is filed within 120 days of 

15 the date on which a notice of the Federal agen16 cy action resulting from a final supplemental 

17 environmental impact statement is issued; and 

18 ‘‘(B) such claim is based on information 

19 contained in such supplemental environmental 

20 impact statement that was not contained in a 

21 previous environmental document pertaining to 

22 the same proposed agency action. 

23 ‘‘(c) PROHIBITION ON INJUNCTIVE RELIEF.—Not24 withstanding any other provision of law, a violation of this 

25 Act shall not constitute the basis for injunctive relief. 


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1 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to create a right of judicial review 

3 or place any limit on filing a claim with respect to the 

4 violation of the terms of a permit, license, or approval. 

5 ‘‘(e) REMAND.—Notwithstanding any other provision 

6 of law, no proposed agency action for which an environ7 mental document is required shall be vacated or otherwise 

8 limited, delayed, or enjoined unless a court concludes al9 lowing such proposed action will pose a risk of an immi10 nent and substantial environmental harm and there is no 

11 other equitable remedy available as a matter of law. 

12 ‘‘SEC. 109. DEFINITIONS. 

13 ‘‘In this title: 

14 ‘‘(1) CATEGORICAL EXCLUSION.—The term 

15 ‘categorical exclusion’ means a category of actions 

16 that a Federal agency has determined normally does 

17 not significantly affect the quality of the human en18 vironment within the meaning of section 102(2)(C). 

19 ‘‘(2) COOPERATING AGENCY.—The term ‘co20 operating agency’ means any Federal, State, Tribal, 

21 or local agency that has been designated as a co22 operating agency under section 107(a)(3). 

23 ‘‘(3) COUNCIL.—The term ‘Council’ means the 

24 Council on Environmental Quality established in 

25 title II. 


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1 ‘‘(4) ENVIRONMENTAL ASSESSMENT.—The 

2 term ‘environmental assessment’ means an environ3 mental assessment prepared under section 

4 106(b)(2). 

5 ‘‘(5) ENVIRONMENTAL DOCUMENT.—The term 

6 ‘environmental document’ means an environmental 

7 impact statement, an environmental assessment, or 

8 a finding of no significant impact. 

9 ‘‘(6) ENVIRONMENTAL IMPACT STATEMENT.— 

10 The term ‘environmental impact statement’ means a 

11 detailed written statement that is required by section 

12 102(2)(C). 

13 ‘‘(7) FINDING OF NO SIGNIFICANT IMPACT.— 

14 The term ‘finding of no significant impact’ means a 

15 determination by a Federal agency that a proposed 

16 agency action does not require the issuance of an en17 vironmental impact statement. 

18 ‘‘(8) INVOLVED FEDERAL AGENCY.—The term 

19 ‘involved Federal agency’ means an agency that, 

20 with respect to a proposed agency action— 

21 ‘‘(A) proposed such action; or 

22 ‘‘(B) is involved in such action because 

23 such action is directly related, through func24 tional interdependence or geographic proximity, 


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1 to an action such agency has taken or has pro2 posed to take. 

3 ‘‘(9) LEAD AGENCY.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the term ‘lead agency’ 

6 means, with respect to a proposed agency ac7 tion— 

8 ‘‘(i) the agency that proposed such ac9 tion; or 

10 ‘‘(ii) if there are 2 or more involved 

11 Federal agencies with respect to such ac12 tion, the agency designated under section 

13 107(a)(1). 

14 ‘‘(B) SPECIFICATION FOR MINERAL EX15 PLORATION OR MINE PERMITS.—With respect 

16 to a proposed mineral exploration or mine per17 mit, the term ‘lead agency’ has the meaning 

18 given such term in section 40206(a) of the In19 frastructure Investment and Jobs Act. 

20 ‘‘(10) MAJOR FEDERAL ACTION.— 

21 ‘‘(A) IN GENERAL.—The term ‘major Fed22 eral action’ means an action that the agency 

23 carrying out such action determines is subject 

24 to substantial Federal control and responsi25 bility. 


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1 ‘‘(B) EXCLUSION.—The term ‘major Fed2 eral action’ does not include— 

3 ‘‘(i) a non-Federal action— 

4 ‘‘(I) with no or minimal Federal 

5 funding; 

6 ‘‘(II) with no or minimal Federal 

7 involvement where a Federal agency 

8 cannot control the outcome of the 

9 project; or 

10 ‘‘(III) that does not include Fed11 eral land; 

12 ‘‘(ii) funding assistance solely in the 

13 form of general revenue sharing funds 

14 which do not provide Federal agency com15 pliance or enforcement responsibility over 

16 the subsequent use of such funds; 

17 ‘‘(iii) loans, loan guarantees, or other 

18 forms of financial assistance where a Fed19 eral agency does not exercise sufficient 

20 control and responsibility over the effect of 

21 the action; 

22 ‘‘(iv) farm ownership and operating 

23 loan guarantees by the Farm Service 

24 Agency pursuant to sections 305 and 311 

25 through 319 of the Consolidated Farmers 


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1 Home Administration Act of 1961 (7 

2 U.S.C. 1925 and 1941 through 1949); 

3 ‘‘(v) business loan guarantees pro4 vided by the Small Business Administra5 tion pursuant to section 7(a) or (b) and of 

6 the Small Business Act (15 U.S.C. 

7 636(a)), or title V of the Small Business 

8 Investment Act of 1958 (15 U.S.C. 695 et 

9 seq.); 

10 ‘‘(vi) bringing judicial or administra11 tive civil or criminal enforcement actions; 

12 or 

13 ‘‘(vii) extraterritorial activities or deci14 sions, which means agency activities or de15 cisions with effects located entirely outside 

16 of the jurisdiction of the United States. 

17 ‘‘(C) ADDITIONAL EXCLUSIONS.—An agen18 cy action may not be determined to be a major 

19 Federal action on the basis of— 

20 ‘‘(i) an interstate effect of the action 

21 or related project; or 

22 ‘‘(ii) the provision of Federal funds 

23 for the action or related project. 

24 ‘‘(11) MINERAL EXPLORATION OR MINE PER25 MIT.—The term ‘mineral exploration or mine permit’ 


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1 has the meaning given such term in section 

2 40206(a) of the Infrastructure Investment and Jobs 

3 Act. 

4 ‘‘(12) PROPOSAL.—The term ‘proposal’ means 

5 a proposed action at a stage when an agency has a 

6 goal, is actively preparing to make a decision on one 

7 or more alternative means of accomplishing that 

8 goal, and can meaningfully evaluate its effects. 

9 ‘‘(13) REASONABLY FORESEEABLE.—The term 

10 ‘reasonably foreseeable’ means likely to occur— 

11 ‘‘(A) not later than 10 years after the lead 

12 agency begins preparing the environmental doc13 ument; and 

14 ‘‘(B) in an area directly affected by the 

15 proposed agency action such that an individual 

16 of ordinary prudence would take such occur17 rence into account in reaching a decision. 

18 ‘‘(14) SPECIAL EXPERTISE.—The term ‘special 

19 expertise’ means statutory responsibility, agency 

20 mission, or related program experience.’’. 

21 SEC. 203. CODIFICATION OF NATIONAL ENVIRONMENTAL 

22 POLICY ACT REGULATIONS. 

23 The revisions to the Code of Federal Regulations 

24 made pursuant to the final rule of the Council on Environ25 mental Quality titled ‘‘Update to the Regulations ImpleVerDate Sep 11 2014 22:06 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H1335.IH H1335

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1 menting the Procedural Provisions of the National Envi2 ronmental Policy Act’’ and published on July 16, 2020 

3 (85 Fed. Reg. 43304), shall have the same force and effect 

4 of law as if enacted by an Act of Congress. 

5 SEC. 204. NON-MAJOR FEDERAL ACTIONS. 

6 (a) EXEMPTION.—An action by the Secretary con7 cerned with respect to a covered activity shall be not con8 sidered a major Federal action under section 102(2)(C) 

9 of the National Environmental Policy Act of 1969 (42 

10 U.S.C. 4332(2)(C)). 

11 (b) COVERED ACTIVITY.—In this section, the term 

12 ‘‘covered activity’’ includes— 

13 (1) geotechnical investigations; 

14 (2) off-road travel in an existing right-of-way; 

15 (3) construction of meteorological towers where 

16 the total surface disturbance at the location is less 

17 than 5 acres; 

18 (4) adding a battery or other energy storage de19 vice to an existing or planned energy facility, if that 

20 storage resource is located within the physical foot21 print of the existing or planned energy facility; 

22 (5) drilling temperature gradient wells and 

23 other geothermal exploratory wells, including con24 struction or making improvements for such activi25 ties, where— 


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1 (A) the last cemented casing string is less 

2 than 12 inches in diameter; and 

3 (B) the total unreclaimed surface disturb4 ance at any one time within the project area is 

5 less than 5 acres; 

6 (6) any repair, maintenance, upgrade, optimiza7 tion, or minor addition to existing transmission and 

8 distribution infrastructure, including— 

9 (A) operation, maintenance, or repair of 

10 power equipment and structures within existing 

11 substations, switching stations, transmission, 

12 and distribution lines; 

13 (B) the addition, modification, retirement, 

14 or replacement of breakers, transmission tow15 ers, transformers, bushings, or relays; 

16 (C) the voltage uprating, modification, 

17 reconductoring with conventional or advanced 

18 conductors, and clearance resolution of trans19 mission lines; 

20 (D) activities to minimize fire risk, includ21 ing vegetation management, routine fire mitiga22 tion, inspection, and maintenance activities, and 

23 removal of hazard trees and other hazard vege24 tation within or adjacent to an existing right-of25 way; 


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1 (E) improvements to or construction of 

2 structure pads for such infrastructure; and 

3 (F) access and access route maintenance 

4 and repairs associated with any activity de5 scribed in subparagraph (A) through (E); 

6 (7) approval of and activities conducted in ac7 cordance with operating plans or agreements for 

8 transmission and distribution facilities or under a 

9 special use authorization for an electric transmission 

10 and distribution facility right-of-way; and 

11 (8) construction, maintenance, realignment, or 

12 repair of an existing permanent or temporary access 

13 road— 

14 (A) within an existing right-of-way or with15 in a transmission or utility corridor established 

16 by Congress or in a land use plan; 

17 (B) that serves an existing transmission 

18 line, distribution line, or energy facility; or 

19 (C) activities conducted in accordance with 

20 existing onshore oil and gas leases. 

21 SEC. 205. NO NET LOSS DETERMINATION FOR EXISTING 

22 RIGHTS-OF-WAY. 

23 (a) IN GENERAL.—Upon a determination by the Sec24 retary concerned that there will be no overall long-term 

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1 age and function, resulting from a proposed action, deci2 sion, or activity within an existing right-of-way, within a 

3 right-of-way corridor established in a land use plan, or in 

4 an otherwise designated right-of-way, that action, deci5 sion, or activity shall not be considered a major Federal 

6 action under section 102(2)(C) of the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 

8 (b) INCLUSION OF REMEDIATION.—In making a de9 termination under subsection (a), the Secretary concerned 

10 shall consider the effect of any remediation work to be 

11 conducted during the lifetime of the action, decision, or 

12 activity when determining whether there will be any over13 all long-term net loss of vegetation, soil, or habitat. 

14 SEC. 206. DETERMINATION OF NATIONAL ENVIRONMENTAL 

15 POLICY ACT ADEQUACY. 

16 The Secretary concerned shall use previously com17 pleted environmental assessments and environmental im18 pact statements to satisfy the requirements of section 102 

19 of the National Environmental Policy Act of 1969 (42 

20 U.S.C. 4332) with respect to any major Federal action, 

21 if such Secretary determines that— 

22 (1) the new proposed action is substantially the 

23 same as a previously analyzed proposed action or al24 ternative analyzed in a previous environmental as25 sessment or environmental impact statement; and 


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1 (2) the effects of the proposed action are sub2 stantially the same as the effects analyzed in such 

3 existing environmental assessments or environmental 

4 impact statements. 

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

6 Not later than 60 days after the Secretary concerned 

7 receives an application to grant a right-of-way, the Sec8 retary concerned shall notify the applicant as to whether 

9 the application is complete or deficient. If the Secretary 

10 concerned determines the application is complete, the Sec11 retary concerned may not consider any other application 

12 to grant a right-of-way on the same or any overlapping 

13 parcels of land while such application is pending. 

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

15 (a) FIFTY-YEAR TERMS FOR RIGHTS-OF-WAY.— 

16 (1) IN GENERAL.—Any right-of-way for pipe17 lines for the transportation or distribution of oil or 

18 gas granted, issued, amended, or renewed under 

19 Federal law may be limited to a term of not more 

20 than 50 years before such right-of-way is subject to 

21 renewal or amendment. 

22 (2) FEDERAL LAND POLICY AND MANAGEMENT

23 ACT OF 1976.—Section 501 of the Federal Land Pol24 icy and Management Act of 1976 (43 U.S.C. 1761) 

25 is amended by adding at the end the following: 


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1 ‘‘(e) Any right-of-way granted, issued, amended, or 

2 renewed under subsection (a)(4) may be limited to a term 

3 of not more than 50 years before such right-of-way is sub4 ject to renewal or amendment.’’. 

5 (b) MINERAL LEASING ACT.—Section 28(n) of the 

6 Mineral Leasing Act (30 U.S.C. 185(n)) is amended by 

7 striking ‘‘thirty’’ and inserting ‘‘50’’. 

8 SEC. 209. FUNDING TO PROCESS PERMITS AND DEVELOP 

9 INFORMATION TECHNOLOGY. 

10 (a) IN GENERAL.—In fiscal years 2023 through 

11 2025, the Secretary of Agriculture (acting through the 

12 Forest Service) and the Secretary of the Interior, after 

13 public notice, may accept and expend funds contributed 

14 by non-Federal entities for dedicated staff, information re15 source management, and information technology system 

16 development to expedite the evaluation of permits, biologi17 cal opinions, concurrence letters, environmental surveys 

18 and studies, processing of applications, consultations, and 

19 other activities for the leasing, development, or expansion 

20 of an energy facility under the jurisdiction of the respec21 tive Secretaries. 

22 (b) EFFECT ON PERMITTING.—In carrying out this 

23 section, the Secretary of the Interior shall ensure that the 

24 use of funds accepted under subsection (a) will not impact 


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1 impartial decision making with respect to permits, either 

2 substantively or procedurally. 

3 (c) STATEMENT FOR FAILURE TO ACCEPT OR EX4 PEND FUNDS.—Not later than 60 days after the end of 

5 the applicable fiscal year, if the Secretary of Agriculture 

6 (acting through the Forest Service) or the Secretary of 

7 the Interior does not accept funds contributed under sub8 section (a) or accepts but does not expend such funds, that 

9 Secretary shall submit to the Committee on Natural Re10 sources of the House of Representatives and the Com11 mittee on Energy and Natural Resources of the Senate 

12 a statement explaining why such funds were not accepted, 

13 were not expended, or both, as the case may be. 

14 SEC. 210. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SUR15 VEY LICENSING. 

16 The Secretary of the Interior shall authorize geologi17 cal and geophysical surveys related to oil and gas activities 

18 on the Gulf of Mexico Outer Continental Shelf, except 

19 within areas subject to existing oil and gas leasing mora20 toria. Such authorizations shall be issued within 30 days 

21 of receipt of a completed application and shall, as applica22 ble to survey type, comply with the mitigation and moni23 toring measures in subsections (a), (b), (c), (d), (f), and 

24 (g) of section 217.184 of title 50, Code of Federal Regula25 tions (as in effect on January 1, 2022), and section 


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1 217.185 of title 50, Code of Federal Regulations (as in 

2 effect on January 1, 2022). Geological and geophysical 

3 surveys authorized pursuant to this section are deemed to 

4 be in full compliance with the Marine Mammal Protection 

5 Act of 1972 (16 U.S.C. 1361 et seq.) and the Endangered 

6 Species Act of 1973 (16 U.S.C. 1531 et seq.), and their 

7 implementing regulations. 

8 SEC. 211. DEFERRAL OF APPLICATIONS FOR PERMITS TO 

9 DRILL. 

10 Section 17(p)(3) of the Mineral Leasing Act (30 

11 U.S.C. 226(p)(3)) is amended by adding at the end the 

12 following: 

13 ‘‘(D) DEFERRAL BASED ON FORMATTING

14 ISSUES.—A decision on an application for a 

15 permit to drill may not be deferred under para16 graph (2)(B) as a result of a formatting issue 

17 with the permit, unless such formatting issue 

18 results in missing information.’’. 

19 SEC. 212. PROCESSING AND TERMS OF APPLICATIONS FOR 

20 PERMITS TO DRILL. 

21 (a) EFFECT OF PENDING CIVIL ACTIONS.—Section 

22 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is 

23 amended by adding at the end the following: 

24 ‘‘(4) EFFECT OF PENDING CIVIL ACTION ON

25 PROCESSING APPLICATIONS FOR PERMITS TO


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1 DRILL.—Pursuant to the requirements of paragraph 

2 (2), notwithstanding the existence of any pending 

3 civil actions affecting the application or related 

4 lease, the Secretary shall process an application for 

5 a permit to drill or other authorizations or approvals 

6 under a valid existing lease, unless a United States 

7 Federal court vacated such lease. Nothing in this 

8 paragraph shall be construed as providing authority 

9 to a Federal court to vacate a lease.’’. 

10 (b) TERM OF PERMIT TO DRILL.—Section 17 of the 

11 Mineral Leasing Act (30 U.S.C. 226) is further amended 

12 by adding at the end the following: 

13 ‘‘(u) TERM OF PERMIT TO DRILL.—A permit to drill 

14 issued under this section after the date of the enactment 

15 of this subsection shall be valid for one four-year term 

16 from the date that the permit is approved, or until the 

17 lease regarding which the permit is issued expires, which18 ever occurs first.’’. 

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

20 2005. 

21 Section 390 of the Energy Policy Act of 2005 (42 

22 U.S.C. 15942) is amended to read as follows: 


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1 ‘‘SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT RE2 VIEW. 

3 ‘‘(a) NATIONAL ENVIRONMENTAL POLICY ACT RE4 VIEW.—Action by the Secretary of the Interior, in man5 aging the public lands, or the Secretary of Agriculture, 

6 in managing National Forest System lands, with respect 

7 to any of the activities described in subsection (c), shall 

8 not be considered a major Federal action for the purposes 

9 of section 102(2)(C) of the National Environmental Policy 

10 Act of 1969, if the activity is conducted pursuant to the 

11 Mineral Leasing Act (30 U.S.C. 181 et seq.) for the pur12 pose of exploration or development of oil or gas. 

13 ‘‘(b) APPLICATION.—This section shall not apply to 

14 an action of the Secretary of the Interior or the Secretary 

15 of Agriculture on Indian lands or resources managed in 

16 trust for the benefit of Indian Tribes. 

17 ‘‘(c) ACTIVITIES DESCRIBED.—The activities re18 ferred to in subsection (a) are as follows: 

19 ‘‘(1) Reinstating a lease pursuant to section 31 

20 of the Mineral Leasing Act (30 U.S.C. 188). 

21 ‘‘(2) The following activities, provided that any 

22 new surface disturbance is contiguous with the foot23 print of the original authorization and does not ex24 ceed 20 acres or the acreage has previously been 

25 evaluated in a document previously prepared under 

26 section 102(2)(C) of the National Environmental 


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1 Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with re2 spect to such activity: 

3 ‘‘(A) Drilling an oil or gas well at a well 

4 pad site at which drilling has occurred pre5 viously. 

6 ‘‘(B) Expansion of an existing oil or gas 

7 well pad site to accommodate an additional well. 

8 ‘‘(C) Expansion or modification of an ex9 isting oil or gas well pad site, road, pipeline, fa10 cility, or utility submitted in a sundry notice. 

11 ‘‘(3) Drilling of an oil or gas well at a new well 

12 pad site, provided that the new surface disturbance 

13 does not exceed 20 acres and the acreage evaluated 

14 in a document previously prepared under section 

15 102(2)(C) of the National Environmental Policy Act 

16 of 1969 (42 U.S.C. 4332(2)(C)) with respect to such 

17 activity, whichever is greater. 

18 ‘‘(4) Construction or realignment of a road, 

19 pipeline, or utility within an existing right-of-way or 

20 within a right-of-way corridor established in a land 

21 use plan. 

22 ‘‘(5) The following activities when conducted 

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1 retary concerned certification of a surface use agree2 ment with the non-Federal landowner: 

3 ‘‘(A) Drilling an oil or gas well at a well 

4 pad site at which drilling has occurred pre5 viously. 

6 ‘‘(B) Expansion of an existing oil or gas 

7 well pad site to accommodate an additional well. 

8 ‘‘(C) Expansion or modification of an ex9 isting oil or gas well pad site, road, pipeline, fa10 cility, or utility submitted in a sundry notice. 

11 ‘‘(6) Drilling of an oil or gas well from non12 Federal surface and non-Federal subsurface into 

13 Federal mineral estate. 

14 ‘‘(7) Construction of up to 1 mile of new road 

15 on Federal or non-Federal surface, not to exceed 2 

16 miles in total. 

17 ‘‘(8) Construction of up to 3 miles of individual 

18 pipelines or utilities, regardless of surface owner19 ship.’’. 

20 SEC. 214. ACCESS TO FEDERAL ENERGY RESOURCES FROM 

21 NON-FEDERAL SURFACE ESTATE. 

22 (a) OIL AND GAS PERMITS.—Section 17 of the Min23 eral Leasing Act (30 U.S.C. 226) is further amended by 

24 adding at the end the following: 


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1 ‘‘(v) NO FEDERAL PERMIT REQUIRED FOR OIL AND

2 GAS ACTIVITIES ON CERTAIN LAND.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall not re4 quire an operator to obtain a Federal drilling permit 

5 for oil and gas exploration and production activities 

6 conducted on non-Federal surface estate, provided 

7 that— 

8 ‘‘(A) the United States holds an ownership 

9 interest of less than 50 percent of the sub10 surface mineral estate to be accessed by the 

11 proposed action; and 

12 ‘‘(B) the operator submits to the Secretary 

13 a State permit to conduct oil and gas explo14 ration and production activities on the non-Fed15 eral surface estate. 

16 ‘‘(2) NO FEDERAL ACTION.—An oil and gas ex17 ploration and production activity carried out under 

18 paragraph (1)— 

19 ‘‘(A) shall not be considered a major Fed20 eral action for the purposes of section 

21 102(2)(C) of the National Environmental Policy 

22 Act of 1969; 

23 ‘‘(B) shall require no additional Federal 

24 action; 


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1 ‘‘(C) may commence 30 days after submis2 sion of the State permit to the Secretary; and 

3 ‘‘(D) shall not be subject to— 

4 ‘‘(i) section 306108 of title 54, United 

5 States Code (commonly known as the Na6 tional Historic Preservation Act of 1966); 

7 and 

8 ‘‘(ii) section 7 of the Endangered Spe9 cies Act of 1973 (16 U.S.C. 1536). 

10 ‘‘(3) ROYALTIES AND PRODUCTION ACCOUNT11 ABILITY.—(A) Nothing in this subsection shall affect 

12 the amount of royalties due to the United States 

13 under this Act from the production of oil and gas, 

14 or alter the Secretary’s authority to conduct audits 

15 and collect civil penalties pursuant to the Federal 

16 Oil and Gas Royalty Management Act of 1982 (30 

17 U.S.C. 1701 et seq.). 

18 ‘‘(B) The Secretary may conduct onsite reviews 

19 and inspections to ensure proper accountability, 

20 measurement, and reporting of production of Fed21 eral oil and gas, and payment of royalties. 

22 ‘‘(4) EXCEPTIONS.—This subsection shall not 

23 apply to actions on Indian lands or resources man24 aged in trust for the benefit of Indian Tribes. 


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1 ‘‘(5) INDIAN LAND.—In this subsection, the 

2 term ‘Indian land’ means— 

3 ‘‘(A) any land located within the bound4 aries of an Indian reservation, pueblo, or 

5 rancheria; and 

6 ‘‘(B) any land not located within the 

7 boundaries of an Indian reservation, pueblo, or 

8 rancheria, the title to which is held— 

9 ‘‘(i) in trust by the United States for 

10 the benefit of an Indian tribe or an indi11 vidual Indian; 

12 ‘‘(ii) by an Indian tribe or an indi13 vidual Indian, subject to restriction against 

14 alienation under laws of the United States; 

15 or 

16 ‘‘(iii) by a dependent Indian commu17 nity.’’. 

18 (b) GEOTHERMAL PERMITS.—The Geothermal 

19 Steam Act of 1970 (30 U.S.C. 1001 et seq.) is amended 

20 by adding at the end the following: 

21 ‘‘SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEO22 THERMAL ACTIVITIES ON CERTAIN LAND. 

23 ‘‘(a) IN GENERAL.—The Secretary shall not require 

24 an operator to obtain a Federal drilling permit for geoVerDate Sep 11 2014 22:06 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H1335.IH H1335

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1 thermal exploration and production activities conducted on 

2 a non-Federal surface estate, provided that— 

3 ‘‘(1) the United States holds an ownership in4 terest of less than 50 percent of the subsurface geo5 thermal estate to be accessed by the proposed action; 

6 and 

7 ‘‘(2) the operator submits to the Secretary a 

8 State permit to conduct geothermal exploration and 

9 production activities on the non-Federal surface es10 tate. 

11 ‘‘(b) NO FEDERAL ACTION.—A geothermal explo12 ration and production activity carried out under para13 graph (1)— 

14 ‘‘(1) shall not be considered a major Federal 

15 action for the purposes of section 102(2)(C) of the 

16 National Environmental Policy Act of 1969; 

17 ‘‘(2) shall require no additional Federal action; 

18 ‘‘(3) may commence 30 days after submission 

19 of the State permit to the Secretary; and 

20 ‘‘(4) shall not be subject to— 

21 ‘‘(A) section 306108 of title 54, United 

22 States Code (commonly known as the National 

23 Historic Preservation Act of 1966); and 

24 ‘‘(B) section 7 of the Endangered Species 

25 Act of 1973 (16 U.S.C. 1536). 


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1 ‘‘(c) ROYALTIES AND PRODUCTION ACCOUNT2 ABILITY.—(1) Nothing in this section shall affect the 

3 amount of royalties due to the United States under this 

4 Act from the production of electricity using geothermal re5 sources (other than direct use of geothermal resources) or 

6 the production of any byproducts. 

7 ‘‘(2) The Secretary may conduct onsite reviews and 

8 inspections to ensure proper accountability, measurement, 

9 and reporting of the production described in paragraph 

10 (1), and payment of royalties. 

11 ‘‘(d) EXCEPTIONS.—This section shall not apply to 

12 actions on Indian lands or resources managed in trust for 

13 the benefit of Indian Tribes. 

14 ‘‘(e) INDIAN LAND.—In this section, the term ‘Indian 

15 land’ means— 

16 ‘‘(1) any land located within the boundaries of 

17 an Indian reservation, pueblo, or rancheria; and 

18 ‘‘(2) any land not located within the boundaries 

19 of an Indian reservation, pueblo, or rancheria, the 

20 title to which is held— 

21 ‘‘(A) in trust by the United States for the 

22 benefit of an Indian tribe or an individual In23 dian; 


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1 ‘‘(B) by an Indian tribe or an individual 

2 Indian, subject to restriction against alienation 

3 under laws of the United States; or 

4 ‘‘(C) by a dependent Indian community.’’. 

5 SEC. 215. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL 

6 AND GAS LEASES. 

7 An environmental review for an oil and gas lease or 

8 permit prepared pursuant to the requirements of the Na9 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

10 et seq.) and its implementing regulations— 

11 (1) shall apply only to areas that are within or 

12 immediately adjacent to the lease plot or plots and 

13 that are directly affected by the proposed action; 

14 and 

15 (2) shall not require consideration of down16 stream, indirect effects of oil and gas consumption. 

17 SEC. 216. EXPEDITING APPROVAL OF GATHERING LINES. 

18 Section 11318(b)(1) of the Infrastructure Investment 

19 and Jobs Act (42 U.S.C. 15943(b)(1)) is amended by 

20 striking ‘‘to be an action that is categorically excluded (as 

21 defined in section 1508.1 of title 40, Code of Federal Reg22 ulations (as in effect on the date of enactment of this 

23 Act))’’ and inserting ‘‘to not be a major Federal action’’. 


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1 SEC. 217. LEASE SALE LITIGATION. 

2 Notwithstanding any other provision of law, any oil 

3 and gas lease sale held under section 17 of the Mineral 

4 Leasing Act (26 U.S.C. 226) or the Outer Continental 

5 Shelf Lands Act (43 U.S.C. 1331 et seq.) shall not be 

6 vacated and activities on leases awarded in the sale shall 

7 not be otherwise limited, delayed, or enjoined unless the 

8 court concludes allowing development of the challenged 

9 lease will pose a risk of an imminent and substantial envi10 ronmental harm and there is no other equitable remedy 

11 available as a matter of law. No court, in response to an 

12 action brought pursuant to the National Environmental 

13 Policy Act of 1969 (42 U.S.C. et seq.), may enjoin or issue 

14 any order preventing the award of leases to a bidder in 

15 a lease sale conducted pursuant to section 17 of the Min16 eral Leasing Act (26 U.S.C. 226) or the Outer Continental 

17 Shelf Lands Act (43 U.S.C. 1331 et seq.) if the Depart18 ment of the Interior has previously opened bids for such 

19 leases or disclosed the high bidder for any tract that was 

20 included in such lease sale. 

21 SEC. 218. LIMITATION ON CLAIMS. 

22 (a) IN GENERAL.—Notwithstanding any other provi23 sion of law, a claim arising under Federal law seeking ju24 dicial review of a permit, license, or approval issued by 

25 a Federal agency for a mineral project, energy facility, or 

26 energy storage device shall be barred unless— 


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1 (1) the claim is filed within 120 days after pub2 lication of a notice in the Federal Register announc3 ing that the permit, license, or approval is final pur4 suant to the law under which the agency action is 

5 taken, unless a shorter time is specified in the Fed6 eral law pursuant to which judicial review is allowed; 

7 and 

8 (2) the claim is filed by a party that submitted 

9 a comment during the public comment period for 

10 such permit, license, or approval and such comment 

11 was sufficiently detailed to put the agency on notice 

12 of the issue upon which the party seeks judicial re13 view. 

14 (b) SAVINGS CLAUSE.—Nothing in this section shall 

15 create a right to judicial review or place any limit on filing 

16 a claim that a person has violated the terms of a permit, 

17 license, or approval. 

18 (c) TRANSPORTATION PROJECTS.—Subsection (a) 

19 shall not apply to or supersede a claim subject to section 

20 139(l)(1) of title 23, United States Code. 

21 (d) MINERAL PROJECT.—In this section, the term 

22 ‘‘mineral project’’ means a project— 

23 (1) located on— 

24 (A) a mining claim, millsite claim, or tun25 nel site claim for any mineral; 


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1 (B) lands open to mineral entry; or 

2 (C) a Federal mineral lease; and 

3 (2) for the purposes of exploring for or pro4 ducing minerals. 

5 SEC. 219. GOVERNMENT ACCOUNTABILITY OFFICE REPORT 

6 ON PERMITS TO DRILL. 

7 (a) REPORT.—Not later than 1 year after the date 

8 of enactment of this Act, the Comptroller General of the 

9 United States shall issue a report detailing— 

10 (1) the approval timelines for applications for 

11 permits to drill issued by the Bureau of Land Man12 agement from 2018 through 2022; 

13 (2) the number of applications for permits to 

14 drill that were not issued within 30 days of receipt 

15 of a completed application; and 

16 (3) the causes of delays resulting in applica17 tions for permits to drill pending beyond the 30 day 

18 deadline required under section 17(p)(2) of the Min19 eral Leasing Act (30 U.S.C. 226(p)(2)). 

20 (b) RECOMMENDATIONS.—The report issued under 

21 subsection (a) shall include recommendations with respect 

22 to— 

23 (1) actions the Bureau of Land Management 

24 can take to streamline the approval process for ap25 plications for permits to drill to approve applications 


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1 for permits to drill within 30 days of receipt of a 

2 completed application; 

3 (2) aspects of the Federal permitting process 

4 carried out by the Bureau of Land Management to 

5 issue applications for permits to drill that can be 

6 turned over to States to expedite approval of appli7 cations for permits to drill; and 

8 (3) legislative actions that Congress must take 

9 to allow States to administer certain aspects of the 

10 Federal permitting process described in paragraph 

11 (2). 

12 TITLE III—PERMITTING FOR 

13 MINING NEEDS 

14 SEC. 301. DEFINITIONS. 

15 In this title: 

16 (1) BYPRODUCT.—The term ‘‘byproduct’’ has 

17 the meaning given such term in section 7002(a) of 

18 the Energy Act of 2020 (30 U.S.C. 1606(a)). 

19 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

20 has the meaning given such term in section 4 of the 

21 Indian Self-Determination and Education Assistance 

22 Act (25 U.S.C. 5304). 

23 (3) MINERAL.—The term ‘‘mineral’’ means any 

24 mineral of a kind that is locatable (including, but 

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1 quired by the United States’’, as such term is de2 fined in section 2 of the Mineral Leasing Act for Ac3 quired Lands) under the Act of May 10, 1872 

4 (Chapter 152; 17 Stat. 91). 

5 (4) SECRETARY.—Except as otherwise provided, 

6 the term ‘‘Secretary’’ means the Secretary of the In7 terior. 

8 (5) STATE.—The term ‘‘State’’ means— 

9 (A) a State; 

10 (B) the District of Columbia; 

11 (C) the Commonwealth of Puerto Rico; 

12 (D) Guam; 

13 (E) American Samoa; 

14 (F) the Commonwealth of the Northern 

15 Mariana Islands; and 

16 (G) the United States Virgin Islands. 

17 SEC. 302. MINERALS SUPPLY CHAIN AND RELIABILITY. 

18 Section 40206 of the Infrastructure Investment and 

19 Jobs Act (30 U.S.C. 1607) is amended— 

20 (1) in the section heading, by striking ‘‘CRIT21 ICAL MINERALS’’ and inserting ‘‘MINERALS’’; 

22 (2) by amending subsection (a) to read as fol23 lows: 

24 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) LEAD AGENCY.—The term ‘lead agency’ 

2 means the Federal agency with primary responsi3 bility for issuing a mineral exploration or mine per4 mit or lease for a mineral project. 

5 ‘‘(2) MINERAL.—The term ‘mineral’ has the 

6 meaning given such term in section 301 of the 

7 TAPP American Resources Act. 

8 ‘‘(3) MINERAL EXPLORATION OR MINE PER9 MIT.—The term ‘mineral exploration or mine permit’ 

10 means— 

11 ‘‘(A) an authorization of the Bureau of 

12 Land Management or the Forest Service, as ap13 plicable, for exploration for minerals that re14 quires analysis under the National Environ15 mental Policy Act of 1969; 

16 ‘‘(B) a plan of operations for a mineral 

17 project approved by the Bureau of Land Man18 agement or the Forest Service; or 

19 ‘‘(C) any other Federal permit or author20 ization for a mineral project. 

21 ‘‘(4) MINERAL PROJECT.—The term ‘mineral 

22 project’ means a project— 

23 ‘‘(A) located on— 

24 ‘‘(i) a mining claim, millsite claim, or 

25 tunnel site claim for any mineral; 


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1 ‘‘(ii) lands open to mineral entry; or 

2 ‘‘(iii) a Federal mineral lease; and 

3 ‘‘(B) for the purposes of exploring for or 

4 producing minerals.’’; 

5 (3) in subsection (b), by striking ‘‘critical’’ each 

6 place such term appears; 

7 (4) in subsection (c)— 

8 (A) by striking ‘‘critical mineral production 

9 on Federal land’’ and inserting ‘‘mineral 

10 projects’’; 

11 (B) by inserting ‘‘, and in accordance with 

12 subsection (h)’’ after ‘‘to the maximum extent 

13 practicable’’; 

14 (C) by striking ‘‘shall complete the’’ and 

15 inserting ‘‘shall complete such’’; 

16 (D) in paragraph (1), by striking ‘‘critical 

17 mineral-related activities on Federal land’’ and 

18 inserting ‘‘mineral projects’’; 

19 (E) in paragraph (8), by striking the 

20 ‘‘and’’ at the end; 

21 (F) in paragraph (9), by striking ‘‘proce22 dures.’’ and inserting ‘‘procedures; and’’; and 

23 (G) by adding at the end the following: 

24 ‘‘(10) deferring to and relying on baseline data, 

25 analyses, and reviews performed by State agencies 


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1 with jurisdiction over the environmental or reclama2 tion permits for the proposed mineral project.’’; 

3 (5) in subsection (d)— 

4 (A) by striking ‘‘critical’’ each place such 

5 term appears; and 

6 (B) in paragraph (3), by striking ‘‘mineral7 related activities on Federal land’’ and inserting 

8 ‘‘mineral projects’’; 

9 (6) in subsection (e), by striking ‘‘critical’’; 

10 (7) in subsection (f), by striking ‘‘critical’’ each 

11 place such term appears; 

12 (8) in subsection (g), by striking ‘‘critical’’ each 

13 place such term appears; and 

14 (9) by adding at the end the following: 

15 ‘‘(h) OTHER REQUIREMENTS.— 

16 ‘‘(1) MEMORANDUM OF AGREEMENT.—For pur17 poses of maximizing efficiency and effectiveness of 

18 the Federal permitting and review processes de19 scribed under subsection (c), the lead agency in the 

20 Federal permitting and review processes of a min21 eral project shall (in consultation with any other 

22 Federal agency involved in such Federal permitting 

23 and review processes, and upon request of the 

24 project applicant, an affected State government, 

25 local government, or an Indian Tribe, or other entity 


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1 such lead agency determines appropriate) enter into 

2 a memorandum of agreement with a project appli3 cant where requested by applicant to carry out the 

4 activities described in subsection (c). 

5 ‘‘(2) TIMELINES AND SCHEDULES FOR NEPA

6 REVIEWS.— 

7 ‘‘(A) EXTENSION.—A project applicant 

8 may enter into 1 or more agreements with a 

9 lead agency to extend the deadlines described in 

10 subparagraphs (A) and (B) of subsection (h)(1) 

11 of section 107 of title I of the National Envi12 ronmental Policy Act of 1969 by, with respect 

13 to each such agreement, not more than 6 

14 months. 

15 ‘‘(B) ADJUSTMENT OF TIMELINES.—At 

16 the request of a project applicant, the lead 

17 agency and any other entity which is a signa18 tory to a memorandum of agreement under 

19 paragraph (1) may, by unanimous agreement, 

20 adjust— 

21 ‘‘(i) any deadlines described in sub22 paragraph (A); and 

23 ‘‘(ii) any deadlines extended under 

24 subparagraph (B). 


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1 ‘‘(3) EFFECT ON PENDING APPLICATIONS.— 

2 Upon a written request by a project applicant, the 

3 requirements of this subsection shall apply to any 

4 application for a mineral exploration or mine permit 

5 or mineral lease that was submitted before the date 

6 of the enactment of the TAPP American Resources 

7 Act.’’. 

8 SEC. 303. FEDERAL REGISTER PROCESS IMPROVEMENT. 

9 Section 7002(f) of the Energy Act of 2020 (30 

10 U.S.C. 1606(f)) is amended— 

11 (1) in paragraph (2), by striking ‘‘critical’’ both 

12 places such term appears; and 

13 (2) by striking paragraph (4). 

14 SEC. 304. DESIGNATION OF MINING AS A COVERED SECTOR 

15 FOR FEDERAL PERMITTING IMPROVEMENT 

16 PURPOSES. 

17 Section 41001(6)(A) of the FAST Act (42 U.S.C. 

18 4370m(6)(A)) is amended by inserting ‘‘mineral produc19 tion,’’ before ‘‘or any other sector’’. 

20 SEC. 305. TREATMENT OF ACTIONS UNDER PRESIDENTIAL 

21 DETERMINATION 2022–11 FOR FEDERAL PER22 MITTING IMPROVEMENT PURPOSES. 

23 (a) IN GENERAL.—Except as provided by subsection 

24 (c), an action described in subsection (b) shall be— 


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1 (1) treated as a covered project, as defined in 

2 section 41001(6) of the FAST Act (42 U.S.C. 

3 4370m(6)), without regard to the requirements of 

4 that section; and 

5 (2) included in the Permitting Dashboard main6 tained pursuant to section 41003(b) of that Act (42 

7 13 U.S.C. 4370m–2(b)). 

8 (b) ACTIONS DESCRIBED.—An action described in 

9 this subsection is an action taken by the Secretary of De10 fense pursuant to Presidential Determination 2022–11 

11 (87 Fed. Reg. 19775; relating to certain actions under 

12 section 303 of the Defense Production Act of 1950) to 

13 create, maintain, protect, expand, or restore sustainable 

14 and responsible domestic production capabilities 

15 through— 

16 (1) supporting feasibility studies for mature 

17 mining, beneficiation, and value-added processing 

18 projects; 

19 (2) byproduct and co-product production at ex20 isting mining, mine waste reclamation, and other in21 dustrial facilities; 

22 (3) modernization of mining, beneficiation, and 

23 value-added processing to increase productivity, envi24 ronmental sustainability, and workforce safety; or 


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1 (4) any other activity authorized under section 

2 303(a)(1) of the Defense Production Act of 1950 15 

3 (50 U.S.C. 4533(a)(1)). 

4 (c) EXCEPTION.—An action described in subsection 

5 (b) may not be treated as a covered project or be included 

6 in the Permitting Dashboard under subsection (a) if the 

7 project sponsor (as defined in section 41001(18) of the 

8 FAST Act (42 U.S.C. 21 4370m(18))) requests that the 

9 action not be treated as a covered project. 

10 SEC. 306. NOTICE FOR MINERAL EXPLORATION ACTIVITIES 

11 WITH LIMITED SURFACE DISTURBANCE. 

12 (a) IN GENERAL.—Not later than 15 days before 

13 commencing an exploration activity with a surface disturb14 ance of not more than 5 acres of public lands, the operator 

15 of such exploration activity shall submit to the Secretary 

16 concerned a complete notice of such exploration activity. 

17 (b) INCLUSIONS.—Notice submitted under subsection 

18 (a) shall include such information the Secretary concerned 

19 may require, including the information described in sec20 tion 3809.301 of title 43, Code of Federal Regulations (or 

21 any successor regulation). 

22 (c) REVIEW.—Not later than 15 days after the Sec23 retary concerned receives notice submitted under sub24 section (a), the Secretary concerned shall— 


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1 (1) review and determine completeness of the 

2 notice; and 

3 (2) allow exploration activities to proceed if— 

4 (A) the surface disturbance of such explo5 ration activities on such public lands will not 

6 exceed 5 acres; 

7 (B) the Secretary concerned determines 

8 that the notice is complete; and 

9 (C) the operator provides financial assur10 ance that the Secretary concerned determines is 

11 adequate. 

12 (d) DEFINITIONS.—In this section: 

13 (1) EXPLORATION ACTIVITY.—The term ‘‘explo14 ration activity’’— 

15 (A) means creating surface disturbance 

16 greater than casual use that includes sampling, 

17 drilling, or developing surface or underground 

18 workings to evaluate the type, extent, quantity, 

19 or quality of mineral values present; 

20 (B) includes constructing drill roads and 

21 drill pads, drilling, trenching, excavating test 

22 pits, and conducting geotechnical tests and geo23 physical surveys; and 

24 (C) does not include activities where mate25 rial is extracted for commercial use or sale. 


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1 (2) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) with respect to lands administered by 

4 the Secretary of the Interior, the Secretary of 

5 the Interior; and 

6 (B) with respect to National Forest Sys7 tem lands, the Secretary of Agriculture. 

8 SEC. 307. USE OF MINING CLAIMS FOR ANCILLARY ACTIVI9 TIES. 

10 Section 10101 of the Omnibus Budget Reconciliation 

11 Act of 1993 (30 U.S.C. 28f) is amended by adding at the 

12 end the following: 

13 ‘‘(e) SECURITY OF TENURE.— 

14 ‘‘(1) IN GENERAL.— 

15 ‘‘(A) IN GENERAL.—A claimant shall have 

16 the right to use, occupy, and conduct operations 

17 on public land, with or without the discovery of 

18 a valuable mineral deposit, if— 

19 ‘‘(i) such claimant makes a timely 

20 payment of the location fee required by 

21 section 10102 and the claim maintenance 

22 fee required by subsection (a); or 

23 ‘‘(ii) in the case of a claimant who 

24 qualifies for a waiver under subsection (d), 

25 such claimant makes a timely payment of 


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1 the location fee and complies with the re2 quired assessment work under the general 

3 mining laws. 

4 ‘‘(B) OPERATIONS DEFINED.—For the 

5 purposes of this paragraph, the term ‘oper6 ations’ means— 

7 ‘‘(i) any activity or work carried out 

8 in connection with prospecting, exploration, 

9 processing, discovery and assessment, de10 velopment, or extraction with respect to a 

11 locatable mineral; 

12 ‘‘(ii) the reclamation of any disturbed 

13 areas; and 

14 ‘‘(iii) any other reasonably incident 

15 uses, whether on a mining claim or not, in16 cluding the construction and maintenance 

17 of facilities, roads, transmission lines, pipe18 lines, and any other necessary infrastruc19 ture or means of access on public land for 

20 support facilities. 

21 ‘‘(2) FULFILLMENT OF FEDERAL LAND POLICY

22 AND MANAGEMENT ACT.—A claimant that fulfills 

23 the requirements of this section and section 10102 

24 shall be deemed to satisfy the requirements of any 

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1 ment Act that requires the payment of fair market 

2 value to the United States for use of public lands 

3 and resources relating to use of such lands and re4 sources authorized by the general mining laws. 

5 ‘‘(3) SAVINGS CLAUSE.—Nothing in this sub6 section may be construed to diminish the rights of 

7 entry, use, and occupancy, or any other right, of a 

8 claimant under the general mining laws.’’. 

9 SEC. 308. ENSURING CONSIDERATION OF URANIUM AS A 

10 CRITICAL MINERAL. 

11 (a) IN GENERAL.—Section 7002(a)(3)(B)(i) of the 

12 Energy Act of 2020 (30 U.S.C. 1606(a)(3)(B)(i)) is 

13 amended to read as follows: 

14 ‘‘(i) oil, oil shale, coal, or natural 

15 gas;’’. 

16 (b) UPDATE.—Not later than 60 days after the date 

17 of the enactment of this section, the Secretary, acting 

18 through the Director of the United States Geological Sur19 vey, shall publish in the Federal Register an update to 

20 the final list established in section 7002(c)(3) of the En21 ergy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance 

22 with subsection (a) of this section. 


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1 TITLE IV—FEDERAL LAND USE 

2 PLANNING 

3 SEC. 401. FEDERAL LAND USE PLANNING AND WITH4 DRAWALS. 

5 (a) RESOURCE ASSESSMENTS REQUIRED.—Federal 

6 lands and waters may not be withdrawn from entry under 

7 the mining laws or operation of the mineral leasing and 

8 mineral materials laws unless— 

9 (1) a quantitative and qualitative geophysical 

10 and geological mineral resource assessment of the 

11 impacted area has been completed during the 10- 

12 year period ending on the date of such withdrawal; 

13 (2) the Secretary, in consultation with the Sec14 retary of Commerce, the Secretary of Energy, and 

15 the Secretary of Defense, conducts an assessment of 

16 the economic, energy, strategic, and national secu17 rity value of mineral deposits identified in such min18 eral resource assessment; 

19 (3) the Secretary conducts an assessment of the 

20 reduction in future Federal revenues to the Treas21 ury, States, the Land and Water Conservation 

22 Fund, and the Historic Preservation Fund resulting 

23 from the proposed mineral withdrawal; 

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1 tary readiness and training activities in the proposed 

2 withdrawal area; and 

3 (5) the Secretary submits a report to the Com4 mittees on Natural Resources, Agriculture, Energy 

5 and Commerce, and Foreign Affairs of the House of 

6 Representatives and the Committees on Energy and 

7 Natural Resources, Agriculture, and Foreign Affairs 

8 of the Senate, that includes the results of the assess9 ments completed pursuant to this subsection. 

10 (b) LAND USE PLANS.—Before a resource manage11 ment plan under the Federal Land Policy and Manage12 ment Act of 1976 (43 U.S.C. 1701 et seq.) or a forest 

13 management plan under the National Forest Management 

14 Act is updated or completed, the Secretary or Secretary 

15 of Agriculture, as applicable, in consultation with the Di16 rector of the United States Geological Survey, shall— 

17 (1) review any quantitative and qualitative min18 eral resource assessment that was completed or up19 dated during the 10-year period ending on the date 

20 that the applicable land management agency pub21 lishes a notice to prepare, revise, or amend a land 

22 use plan by the Director of the United States Geo23 logical Survey for the geographic area affected by 

24 the applicable management plan; 


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1 (2) the Secretary, in consultation with the Sec2 retary of Commerce, the Secretary of Energy, and 

3 the Secretary of Defense, conducts an assessment of 

4 the economic, energy, strategic, and national secu5 rity value of mineral deposits identified in such min6 eral resource assessment; and 

7 (3) submit a report to the Committees on Nat8 ural Resources, Agriculture, Energy and Commerce, 

9 and Foreign Affairs of the House of Representatives 

10 and the Committees on Energy and Natural Re11 sources, Agriculture, and Foreign Affairs of the Sen12 ate, that includes the results of the assessment com13 pleted pursuant to this subsection. 

14 (c) NEW INFORMATION.—The Secretary shall provide 

15 recommendations to the President on appropriate meas16 ures to reduce unnecessary impacts that a withdrawal of 

17 Federal lands or waters from entry under the mining laws 

18 or operation of the mineral leasing and mineral materials 

19 laws may have on mineral exploration, development, and 

20 other mineral activities (including authorizing exploration 

21 and development of such mineral deposits) not later than 

22 180 days after the Secretary has notice that a resource 

23 assessment completed by the Director of the United States 

24 Geological Survey, in coordination with the State geologi25 cal surveys, determines that a previously undiscovered 


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1 mineral deposit may be present in an area that has been 

2 withdrawn from entry under the mining laws or operation 

3 of the mineral leasing and mineral materials laws pursu4 ant to— 

5 (1) section 204 of the Federal Land Policy and 

6 Management Act of 1976 (43 U.S.C. 1714), or 

7 (2) chapter 3203 of title 54, United States 

8 Code. 

9 SEC. 402. PROHIBITIONS ON DELAY OF MINERAL DEVELOP10 MENT OF CERTAIN FEDERAL LAND. 

11 (a) PROHIBITIONS.—Notwithstanding any other pro12 vision of law, the President shall not carry out any action 

13 that would pause, restrict, or delay the process for or 

14 issuance of any of the following on Federal land, unless 

15 such lands are withdrawn from disposition under the min16 eral leasing laws, including by administrative withdrawal: 

17 (1) New oil and gas lease sales, oil and gas 

18 leases, drill permits, or associated approvals or au19 thorizations of any kind associated with oil and gas 

20 leases. 

21 (2) New coal leases (including leases by applica22 tion in process, renewals, modifications, or expan23 sions of existing leases), permits, approvals, or au24 thorizations. 


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1 (3) New leases, claims, permits, approvals, or 

2 authorizations for development or exploration of 

3 minerals. 

4 (b) PROHIBITION ON RESCISSION OF LEASES, PER5 MITS, OR CLAIMS.—The President, the Secretary, or Sec6 retary of Agriculture as applicable, may not rescind any 

7 existing lease, permit, or claim for the extraction and pro8 duction of any mineral under the mining laws or mineral 

9 leasing and mineral materials laws on National Forest 

10 System land or land under the jurisdiction of the Bureau 

11 of Land Management, unless specifically authorized by 

12 Federal statute, or upon the lessee, permittee, or claim13 ant’s failure to comply with any of the provisions of the 

14 applicable lease, permit, or claim. 

15 (c) MINERAL DEFINED.—In subsection (a)(3), the 

16 term ‘‘mineral’’ means any mineral of a kind that is 

17 locatable (including such minerals located on ‘‘lands ac18 quired by the United States’’, as such term is defined in 

19 section 2 of the Mineral Leasing Act for Acquired Lands) 

20 under the Act of May 10, 1872 (Chapter 152; 17 Stat. 

21 91). 

22 SEC. 403. DEFINITIONS. 

23 In this title: 

24 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

25 means— 


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1 (A) National Forest System land; 

2 (B) public lands (as defined in section 103 

3 of the Federal Land Policy and Management 

4 Act of 1976 (43 U.S.C. 1702)); 

5 (C) the outer Continental Shelf (as defined 

6 in section 2 of the Outer Continental Shelf 

7 Lands Act (43 U.S.C. 1331)); and 

8 (D) land managed by the Secretary of En9 ergy. 

10 (2) PRESIDENT.—The term ‘‘President’’ 

11 means— 

12 (A) the President; and 

13 (B) any designee of the President, includ14 ing— 

15 (i) the Secretary of Agriculture; 

16 (ii) the Secretary of Commerce; 

17 (iii) the Secretary of Energy; and 

18 (iv) the Secretary of the Interior. 

19 (3) PREVIOUSLY UNDISCOVERED DEPOSIT.— 

20 The term ‘‘previously undiscovered mineral deposit’’ 

21 means— 

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1 termined by the United States Geological Sur2 vey to have significant mineral potential, or 

3 (B) a mineral deposit that has not pre4 viously been evaluated by the United States Ge5 ological Survey. 

6 (4) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 TITLE V—ENSURING COMPETI9 TIVENESS ON FEDERAL 

10 LANDS 

11 SEC. 501. INCENTIVIZING DOMESTIC PRODUCTION. 

12 (a) OFFSHORE OIL AND GAS ROYALTY RATE.—Sec13 tion 8(a)(1) of the Outer Continental Shelf Lands Act (43 

14 U.S.C. 1337(a)(1)) is amended— 

15 (1) in subparagraph (A), by striking ‘‘not less 

than 162⁄3 percent, but not more than 183 16 ⁄4 percent, 

17 during the 10-year period beginning on the date of 

18 enactment of the Act titled ‘An Act to provide for 

19 reconciliation pursuant to title II of S. Con. Res. 

14’, and not less than 162 20 ⁄3 percent thereafter,’’ 

21 each place it appears and inserting ‘‘not less than 

22 12.5 percent’’; 

23 (2) in subparagraph (C), by striking ‘‘not less 

than 162⁄3 percent, but not more than 183 24 ⁄4 percent, 

25 during the 10-year period beginning on the date of 


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1 enactment of the Act titled ‘An Act to provide for 

2 reconciliation pursuant to title II of S. Con. Res. 

14’, and not less than 162 3 ⁄3 percent thereafter,’’ 

4 each place it appears and inserting ‘‘not less than 

5 12.5 percent’’; 

6 (3) in subparagraph (F), by striking ‘‘not less 

than 162⁄3 percent, but not more than 183 7 ⁄4 percent, 

8 during the 10-year period beginning on the date of 

9 enactment of the Act titled ‘An Act to provide for 

10 reconciliation pursuant to title II of S. Con. Res. 

14’, and not less than 162 11 ⁄3 percent thereafter,’’ and 

12 inserting ‘‘not less than 12.5 percent’’; and 

13 (4) in subparagraph (H), by striking ‘‘not less 

than 162⁄3 percent, but not more than 183 14 ⁄4 percent, 

15 during the 10-year period beginning on the date of 

16 enactment of the Act titled ‘An Act to provide for 

17 reconciliation pursuant to title II of S. Con. Res. 

14’, and not less than 162 18 ⁄3 percent thereafter,’’ and 

19 inserting ‘‘not less than 12.5 percent’’. 

20 (b) MINERAL LEASING ACT.— 

21 (1) ONSHORE OIL AND GAS ROYALTY RATES.— 

22 (A) LEASE OF OIL AND GAS LAND.—Sec23 tion 17 of the Mineral Leasing Act (30 U.S.C. 

24 226) is amended— 

25 (i) in subsection (b)(1)(A)— 


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1 (I) by striking ‘‘not less than 

162 2 ⁄3’’ and inserting ‘‘not less than 

3 12.5’’; and 

4 (II) by striking ‘‘or, in the case 

5 of a lease issued during the 10-year 

6 period beginning on the date of enact7 ment of the Act titled ‘An Act to pro8 vide for reconciliation pursuant to 

title II of S. Con. Res. 14’, 162 9 ⁄3 per10 cent in amount or value of the pro11 duction removed or sold from the 

12 lease’’; and 

(ii) by striking ‘‘162 13 ⁄3 percent’’ each 

14 place it appears and inserting ‘‘12.5 per15 cent’’. 

16 (B) CONDITIONS FOR REINSTATEMENT.— 

17 Section 31(e)(3) of the Mineral Leasing Act (30 

18 U.S.C. 188(e)(3)) is amended by striking ‘‘20’’ 

inserting ‘‘162 19 ⁄3’’. 

20 (2) OIL AND GAS MINIMUM BID.—Section 17(b) 

21 of the Mineral Leasing Act (30 U.S.C. 226(b)) is 

22 amended— 

23 (A) in paragraph (1)(B), by striking ‘‘$10 

24 per acre during the 10-year period beginning on 

25 the date of enactment of the Act titled ‘An Act 


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1 to provide for reconciliation pursuant to title II 

2 of S. Con. Res. 14’.’’ and inserting ‘‘$2 per 

3 acre for a period of 2 years from the date of 

4 the enactment of the Federal Onshore Oil and 

5 Gas Leasing Reform Act of 1987.’’; and 

6 (B) in paragraph (2)(C), by striking ‘‘$10 

7 per acre’’ and inserting ‘‘$2 per acre’’. 

8 (3) FOSSIL FUEL RENTAL RATES.—Section 

9 17(d) of the Mineral Leasing Act (30 U.S.C. 

10 226(d)) is amended to read as follows: 

11 ‘‘(d) All leases issued under this section, as amended 

12 by the Federal Onshore Oil and Gas Leasing Reform Act 

13 of 1987, shall be conditioned upon payment by the lessee 

14 of a rental of not less than $1.50 per acre per year for 

15 the first through fifth years of the lease and not less than 

16 $2 per acre per year for each year thereafter. A minimum 

17 royalty in lieu of rental of not less than the rental which 

18 otherwise would be required for that lease year shall be 

19 payable at the expiration of each lease year beginning on 

20 or after a discovery of oil or gas in paying quantities on 

21 the lands leased.’’. 

22 (4) EXPRESSION OF INTEREST FEE.—Section 

23 17 of the Mineral Leasing Act (30 U.S.C. 226) is 

24 further amended by repealing subsection (q). 


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1 (5) ELIMINATION OF NONCOMPETITIVE LEAS2 ING.—Section 17 of the Mineral Leasing Act (30 

3 U.S.C. 226) is further amended— 

4 (A) in subsection (b)— 

5 (i) in paragraph (1)(A)— 

6 (I) in the first sentence, by strik7 ing ‘‘paragraph (2)’’ and inserting 

8 ‘‘paragraphs (2) and (3)’’; and 

9 (II) by adding at the end ‘‘Lands 

10 for which no bids are received or for 

11 which the highest bid is less than the 

12 national minimum acceptable bid shall 

13 be offered promptly within 30 days 

14 for leasing under subsection (c) of this 

15 section and shall remain available for 

16 leasing for a period of 2 years after 

17 the competitive lease sale.’’; and 

18 (ii) by adding at the end the fol19 lowing: 

20 ‘‘(3)(A) If the United States held a vested fu21 ture interest in a mineral estate that, immediately 

22 prior to becoming a vested present interest, was sub23 ject to a lease under which oil or gas was being pro24 duced, or had a well capable of producing, in paying 

25 quantities at an annual average production volume 


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1 per well per day of either not more than 15 barrels 

2 per day of oil or condensate, or not more than 

3 60,000 cubic feet of gas, the holder of the lease may 

4 elect to continue the lease as a noncompetitive lease 

5 under subsection (c)(1). 

6 ‘‘(B) An election under this paragraph is effec7 tive— 

8 ‘‘(i) in the case of an interest which vested 

9 after January 1, 1990, and on or before Octo10 ber 24, 1992, if the election is made before the 

11 date that is 1 year after October 24, 1992; 

12 ‘‘(ii) in the case of an interest which vests 

13 within 1 year after October 24, 1992, if the 

14 election is made before the date that is 2 years 

15 after October 24, 1992; and 

16 ‘‘(iii) in any case other than those de17 scribed in clause (i) or (ii), if the election is 

18 made prior to the interest becoming a vested 

19 present interest.’’; 

20 (B) by striking subsection (c) and insert21 ing the following: 

22 ‘‘(c) LANDS SUBJECT TO LEASING UNDER SUB23 SECTION (b); FIRST QUALIFIED APPLICANT.— 

24 ‘‘(1) If the lands to be leased are not leased 

25 under subsection (b)(1) of this section or are not 


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1 subject to competitive leasing under subsection 

2 (b)(2) of this section, the person first making appli3 cation for the lease who is qualified to hold a lease 

4 under this chapter shall be entitled to a lease of 

5 such lands without competitive bidding, upon pay6 ment of a non-refundable application fee of at least 

7 $75. A lease under this subsection shall be condi8 tioned upon the payment of a royalty at a rate of 

9 12.5 percent in amount or value of the production 

10 removed or sold from the lease. Leases shall be 

11 issued within 60 days of the date on which the Sec12 retary identifies the first responsible qualified appli13 cant. 

14 ‘‘(2)(A) Lands (i) which were posted for sale 

15 under subsection (b)(1) of this section but for which 

16 no bids were received or for which the highest bid 

17 was less than the national minimum acceptable bid 

18 and (ii) for which, at the end of the period referred 

19 to in subsection (b)(1) of this section no lease has 

20 been issued and no lease application is pending 

21 under paragraph (1) of this subsection, shall again 

22 be available for leasing only in accordance with sub23 section (b)(1) of this section. 

24 ‘‘(B) The land in any lease which is issued 

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1 section (b)(1) of this section which lease terminates, 

2 expires, is cancelled or is relinquished shall again be 

3 available for leasing only in accordance with sub4 section (b)(1) of this section.’’; and 

5 (C) by striking subsection (e) and inserting 

6 the following: 

7 ‘‘(e) PRIMARY TERM.—Competitive and noncompeti8 tive leases issued under this section shall be for a primary 

9 term of 10 years: Provided, however, That competitive 

10 leases issued in special tar sand areas shall also be for 

11 a primary term of ten years. Each such lease shall con12 tinue so long after its primary term as oil or gas is pro13 duced in paying quantities. Any lease issued under this 

14 section for land on which, or for which under an approved 

15 cooperative or unit plan of development or operation, ac16 tual drilling operations were commenced prior to the end 

17 of its primary term and are being diligently prosecuted 

18 at that time shall be extended for two years and so long 

19 thereafter as oil or gas is produced in paying quantities.’’. 

20 (6) CONFORMING AMENDMENTS.—Section 31 of 

21 the Mineral Leasing Act (30 U.S.C. 188) is amend22 ed— 

23 (A) in subsection (d)(1), by striking ‘‘sec24 tion 17(b)’’ and inserting ‘‘subsection (b) or (c) 

25 of section 17 of this Act’’; 


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1 (B) in subsection (e)— 

2 (i) in paragraph (2)— 

3 (I) insert ‘‘either’’ after ‘‘rentals 

4 and’’; and 

5 (II) insert ‘‘or the inclusion in a 

6 reinstated lease issued pursuant to the 

7 provisions of section 17(c) of this Act 

8 of a requirement that future rentals 

9 shall be at a rate not less than $5 per 

10 acre per year, all’’ before ‘‘as deter11 mined by the Secretary’’; and 

12 (ii) by amending paragraph (3) to 

13 read as follows: 

14 ‘‘(3)(A) payment of back royalties and the in15 clusion in a reinstated lease issued pursuant to the 

16 provisions of section 17(b) of this Act of a require17 ment for future royalties at a rate of not less than 

162 18 ⁄3 percent computed on a sliding scale based 

19 upon the average production per well per day, at a 

20 rate which shall be not less than 4 percentage points 

21 greater than the competitive royality schedule then 

22 in force and used for royalty determination for com23 petitive leases issued pursuant to such section as de24 termined by the Secretary: Provided, That royalty on 

25 such reinstated lease shall be paid on all production 


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1 removed or sold from such lease subsequent to the 

2 termination of the original lease; 

3 ‘‘(B) payment of back royalties and inclusion in 

4 a reinstated lease issued pursuant to the provisions 

5 of section 17(c) of this Act of a requirement for future royalties at a rate not less than 162 6 ⁄3 percent: 

7 Provided, That royalty on such reinstated lease shall 

8 be paid on all production removed or sold from such 

9 lease subsequent to the cancellation or termination 

10 of the original lease; and’’; 

11 (C) in subsection (f)— 

12 (i) in paragraph (1), strike ‘‘in the 

13 same manner as the original lease issued 

14 pursuant to section 17’’ and insert ‘‘as a 

15 competitive or a noncompetitive oil and gas 

16 lease in the same manner as the original 

17 lease issued pursuant to subsection (b) or 

18 (c) of section 17 of this Act’’; 

19 (ii) by redesignating paragraphs (2) 

20 and (3) as paragraphs (3) and (4), respec21 tively; and 

22 (iii) by inserting after paragraph (1) 

23 the following: 

24 ‘‘(2) Except as otherwise provided in this sec25 tion, the issuance of a lease in lieu of an abandoned 


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1 patented oil placer mining claim shall be treated as 

2 a noncompetitive oil and gas lease issued pursuant 

3 to section 17(c) of this Act.’’; 

4 (D) in subsection (g), by striking ‘‘sub5 section (d)’’ and inserting ‘‘subsections (d) and 

6 (f)’’; 

7 (E) by amending subsection (h) to read as 

8 follows: 

9 ‘‘(h) ROYALTY REDUCTIONS.— 

10 ‘‘(1) In acting on a petition to issue a non11 competitive oil and gas lease, under subsection (f) of 

12 this section or in response to a request filed after 

13 issuance of such a lease, or both, the Secretary is 

14 authorized to reduce the royalty on such lease if in 

15 his judgment it is equitable to do so or the cir16 cumstances warrant such relief due to uneconomic 

17 or other circumstances which could cause undue 

18 hardship or premature termination of production. 

19 ‘‘(2) In acting on a petition for reinstatement 

20 pursuant to subsection (d) of this section or in re21 sponse to a request filed after reinstatement, or 

22 both, the Secretary is authorized to reduce the roy23 alty in that reinstated lease on the entire leasehold 

24 or any tract or portion thereof segregated for royalty 

25 purposes if, in his judgment, there are uneconomic 


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1 or other circumstances which could cause undue 

2 hardship or premature termination of production; or 

3 because of any written action of the United States, 

4 its agents or employees, which preceded, and was a 

5 major consideration in, the lessee’s expenditure of 

6 funds to develop the property under the lease after 

7 the rent had become due and had not been paid; or 

8 if in the judgment of the Secretary it is equitable to 

9 do so for any reason.’’; 

10 (F) by redesignating subsections (f) 

11 through (i) as subsections (g) through (j), re12 spectively; and 

13 (G) by inserting after subsection (e) the 

14 following: 

15 ‘‘(f) ISSUANCE OF NONCOMPETITIVE OIL AND GAS

16 LEASE; CONDITIONS.—Where an unpatented oil placer 

17 mining claim validly located prior to February 24, 1920, 

18 which has been or is currently producing or is capable of 

19 producing oil or gas, has been or is hereafter deemed con20 clusively abandoned for failure to file timely the required 

21 instruments or copies of instruments required by section 

22 1744 of title 43, and it is shown to the satisfaction of 

23 the Secretary that such failure was inadvertent, justifi24 able, or not due to lack of reasonable diligence on the part 

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1 ered by the abandoned unpatented oil placer mining claim, 

2 a noncompetitive oil and gas lease, consistent with the pro3 visions of section 17(e) of this Act, to be effective from 

4 the statutory date the claim was deemed conclusively 

5 abandoned. Issuance of such a lease shall be conditioned 

6 upon— 

7 ‘‘(1) a petition for issuance of a noncompetitive 

8 oil and gas lease, together with the required rental 

9 and royalty, including back rental and royalty accru10 ing from the statutory date of abandonment of the 

11 oil placer mining claim, being filed with the 

12 Secretary- (A) with respect to any claim deemed 

13 conclusively abandoned on or before January 12, 

14 1983, on or before the one hundred and twentieth 

15 day after January 12, 1983, or (B) with respect to 

16 any claim deemed conclusively abandoned after Jan17 uary 12, 1983, on or before the one hundred and 

18 twentieth day after final notification by the Sec19 retary or a court of competent jurisdiction of the de20 termination of the abandonment of the oil placer 

21 mining claim; 

22 ‘‘(2) a valid lease not having been issued affect23 ing any of the lands covered by the abandoned oil 

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1 tition for issuance of a lease under this subsection, 

2 the Secretary shall not issue any new lease affecting 

3 any of the lands covered by such abandoned oil plac4 er mining claim for a reasonable period, as deter5 mined in accordance with regulations issued by him; 

6 ‘‘(3) a requirement in the lease for payment of 

7 rental, including back rentals accruing from the 

8 statutory date of abandonment of the oil placer min9 ing claim, of not less than $5 per acre per year; 

10 ‘‘(4) a requirement in the lease for payment of 

11 royalty on production removed or sold from the oil 

12 placer mining claim, including all royalty on produc13 tion made subsequent to the statutory date the claim 

14 was deemed conclusively abandoned, of not less than 

121 15 ⁄2 percent; and 

16 ‘‘(5) compliance with the notice and reimburse17 ment of costs provisions of paragraph (4) of sub18 section (e) but addressed to the petition covering the 

19 conversion of an abandoned unpatented oil placer 

20 mining claim to a noncompetitive oil and gas lease.’’. 


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1 TITLE VI—ENERGY REVENUE 

2 SHARING 

3 SEC. 601. GULF OF MEXICO OUTER CONTINENTAL SHELF 

4 REVENUE. 

5 (a) DISTRIBUTION OF OUTER CONTINENTAL SHELF

6 REVENUE TO GULF PRODUCING STATES.—Section 105 of 

7 the Gulf of Mexico Energy Security Act of 2006 (43 

8 U.S.C. 1331 note) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1), by striking ‘‘50’’ and 

11 inserting ‘‘37.5’’; and 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘50’’ and inserting 

14 ‘‘62.5’’; 

15 (ii) in subparagraph (A), by striking 

16 ‘‘75’’ and inserting ‘‘80’’; and 

17 (iii) in subparagraph (B), by striking 

18 ‘‘25’’ and inserting ‘‘20’’; and 

19 (2) by striking subsection (f). 

20 (b) EXEMPTION OF CERTAIN PAYMENTS FROM SE21 QUESTRATION.— 

22 (1) IN GENERAL.—Section 255(g)(1)(A) of the 

23 Balanced Budget and Emergency Deficit Control 

24 Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by 


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1 inserting after ‘‘Payments to Social Security Trust 

2 Funds (28–0404–0–1–651).’’ the following: 

3 ‘‘Payments to States pursuant to section 

4 105(a)(2)(A) of the Gulf of Mexico Energy Security 

5 Act of 2006 (Public Law 109–432; 43 U.S.C. 1331 

6 note) (014–5535–0–2–302).’’. 

7 (2) APPLICABILITY.—The amendment made by 

8 this subsection shall apply to any sequestration 

9 order issued under the Balanced Budget and Emer10 gency Deficit Control Act of 1985 (2 U.S.C. 900 et 

11 seq.) on or after the date of enactment of this Act. 

12 SEC. 602. PARITY IN OFFSHORE WIND REVENUE SHARING. 

13 (a) PAYMENTS AND REVENUES.—Section 8(p)(2) of 

14 the Outer Continental Shelf Lands Act (43 U.S.C. 

15 1337(p)(2)) is amended— 

16 (1) in subparagraph (A), by striking ‘‘(A) The 

17 Secretary’’ and inserting the following: 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graphs (B) and (C), the Secretary’’; 

20 (2) in subparagraph (B), by striking ‘‘(B) The 

21 Secretary’’ and inserting the following: 

22 ‘‘(B) DISPOSITION OF REVENUES FOR

23 PROJECTS LOCATED WITHIN 3 NAUTICAL MILES

24 SEAWARD OF STATE SUBMERGED LAND.—The 

25 Secretary’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(C) DISPOSITION OF REVENUES FOR OFF3 SHORE WIND PROJECTS IN CERTAIN AREAS.— 

4 ‘‘(i) DEFINITIONS.—In this subpara5 graph: 

6 ‘‘(I) COVERED OFFSHORE WIND

7 PROJECT.—The term ‘covered off8 shore wind project’ means a wind 

9 powered electric generation project in 

10 a wind energy area on the outer Con11 tinental Shelf that is not wholly or 

12 partially located within an area sub13 ject to subparagraph (B). 

14 ‘‘(II) ELIGIBLE STATE.—The 

15 term ‘eligible State’ means a State a 

16 point on the coastline of which is lo17 cated within 75 miles of the geo18 graphic center of a covered offshore 

19 wind project. 

20 ‘‘(III) QUALIFIED OUTER CONTI21 NENTAL SHELF REVENUES.—The 

22 term ‘qualified outer Continental 

23 Shelf revenues’ means all royalties, 

24 fees, rentals, bonuses, or other pay25 ments from covered offshore wind 


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1 projects carried out pursuant to this 

2 subsection on or after the date of en3 actment of this subparagraph. 

4 ‘‘(ii) REQUIREMENT.— 

5 ‘‘(I) IN GENERAL.—The Sec6 retary of the Treasury shall deposit— 

7 ‘‘(aa) 12.5 percent of quali8 fied outer Continental Shelf reve9 nues in the general fund of the 

10 Treasury; 

11 ‘‘(bb) 37.5 percent of quali12 fied outer Continental Shelf reve13 nues in the North American Wet14 lands Conservation Fund; and 

15 ‘‘(cc) 50 percent of qualified 

16 outer Continental Shelf revenues 

17 in a special account in the Treas18 ury from which the Secretary 

19 shall disburse to each eligible 

20 State an amount determined pur21 suant to subclause (II). 

22 ‘‘(II) ALLOCATION.— 

23 ‘‘(aa) IN GENERAL.—Sub24 ject to item (bb), for each fiscal 

25 year beginning after the date of 


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1 enactment of this subparagraph, 

2 the amount made available under 

3 subclause (I)(cc) shall be allo4 cated to each eligible State in 

5 amounts (based on a formula es6 tablished by the Secretary by 

7 regulation) that are inversely 

8 proportional to the respective dis9 tances between the point on the 

10 coastline of each eligible State 

11 that is closest to the geographic 

12 center of the applicable leased 

13 tract and the geographic center 

14 of the leased tract. 

15 ‘‘(bb) MINIMUM ALLOCA16 TION.—The amount allocated to 

17 an eligible State each fiscal year 

18 under item (aa) shall be at least 

19 10 percent of the amounts made 

20 available under subclause (I)(cc). 

21 ‘‘(cc) PAYMENTS TO COAST22 AL POLITICAL SUBDIVISIONS.— 

23 ‘‘(AA) IN GENERAL.— 

24 The Secretary shall pay 20 

25 percent of the allocable 


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1 share of each eligible State, 

2 as determined pursuant to 

3 item (aa), to the coastal po4 litical subdivisions of the eli5 gible State. 

6 ‘‘(BB) ALLOCATION.— 

7 The amount paid by the 

8 Secretary to coastal political 

9 subdivisions under subitem 

10 (AA) shall be allocated to 

11 each coastal political sub12 division in accordance with 

13 subparagraphs (B) and (C) 

14 of section 31(b)(4) of this 

15 Act. 

16 ‘‘(iii) TIMING.—The amounts required 

17 to be deposited under subclause (I) of 

18 clause (ii) for the applicable fiscal year 

19 shall be made available in accordance with 

20 such subclause during the fiscal year im21 mediately following the applicable fiscal 

22 year. 

23 ‘‘(iv) AUTHORIZED USES.— 

24 ‘‘(I) IN GENERAL.—Subject to 

25 subclause (II), each eligible State 


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1 shall use all amounts received under 

2 clause (ii)(II) in accordance with all 

3 applicable Federal and State laws, 

4 only for 1 or more of the following 

5 purposes: 

6 ‘‘(aa) Projects and activities 

7 for the purposes of coastal pro8 tection and resiliency, including 

9 conservation, coastal restoration, 

10 estuary management, beach 

11 nourishment, hurricane and flood 

12 protection, and infrastructure di13 rectly affected by coastal wetland 

14 losses. 

15 ‘‘(bb) Mitigation of damage 

16 to fish, wildlife, or natural re17 sources, including through fish18 eries science and research. 

19 ‘‘(cc) Implementation of a 

20 federally approved marine, coast21 al, or comprehensive conservation 

22 management plan. 

23 ‘‘(dd) Mitigation of the im24 pact of outer Continental Shelf 


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1 activities through the funding of 

2 onshore infrastructure projects. 

3 ‘‘(ee) Planning assistance 

4 and the administrative costs of 

5 complying with this section. 

6 ‘‘(II) LIMITATION.—Of the 

7 amounts received by an eligible State 

8 under clause (ii)(II), not more than 3 

9 percent shall be used for the purposes 

10 described in subclause (I)(ee). 

11 ‘‘(v) ADMINISTRATION.—Subject to 

12 clause (vi)(III), amounts made available 

13 under items (aa) and (cc) of clause (ii)(I) 

14 shall— 

15 ‘‘(I) be made available, without 

16 further appropriation, in accordance 

17 with this subparagraph; 

18 ‘‘(II) remain available until ex19 pended; and 

20 ‘‘(III) be in addition to any 

21 amount appropriated under any other 

22 Act. 

23 ‘‘(vi) REPORTING REQUIREMENT.— 

24 ‘‘(I) IN GENERAL.—Not later 

25 than 180 days after the end of each 


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1 fiscal year, the Governor of each eligi2 ble State that receives amounts under 

3 clause (ii)(II) for the applicable fiscal 

4 year shall submit to the Secretary a 

5 report that describes the use of the 

6 amounts by the eligible State during 

7 the period covered by the report. 

8 ‘‘(II) PUBLIC AVAILABILITY.—On 

9 receipt of a report submitted under 

10 subclause (I), the Secretary shall 

11 make the report available to the pub12 lic on the website of the Department 

13 of the Interior. 

14 ‘‘(III) LIMITATION.—If the Gov15 ernor of an eligible State that receives 

16 amounts under clause (ii)(II) fails to 

17 submit the report required under sub18 clause (I) by the deadline specified in 

19 that subclause, any amounts that 

20 would otherwise be provided to the eli21 gible State under clause (ii)(II) for 

22 the succeeding fiscal year shall be de23 posited in the Treasury.’’. 

24 (b) EXEMPTION OF CERTAIN PAYMENTS FROM SE25 QUESTRATION.— 


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1 (1) IN GENERAL.—Section 255(g)(1)(A) of the 

2 Balanced Budget and Emergency Deficit Control 

3 Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by 

4 inserting after ‘‘Payments to Social Security Trust 

5 Funds (28–0404–0–1–651).’’ the following: 

6 ‘‘Payments to States pursuant to subparagraph 

7 (C)(ii)(I)(cc) of section 8(p)(2) of the Outer Conti8 nental Shelf Lands Act (43 U.S.C. 1337(p)(2)).’’. 

9 (2) APPLICABILITY.—The amendment made by 

10 this subsection shall apply to any sequestration 

11 order issued under the Balanced Budget and Emer12 gency Deficit Control Act of 1985 (2 U.S.C. 900 et 

13 seq.) on or after the date of enactment of this Act. 

14 SEC. 603. ELIMINATION OF ADMINISTRATIVE FEE UNDER 

15 THE MINERAL LEASING ACT. 

16 (a) IN GENERAL.—Section 35 of the Mineral Leasing 

17 Act (30 U.S.C. 191) is amended— 

18 (1) in subsection (a), in the first sentence, by 

19 striking ‘‘and, subject to the provisions of subsection 

20 (b),’’; 

21 (2) by striking subsection (b); 

22 (3) by redesignating subsections (c) and (d) as 

23 subsections (b) and (c), respectively; 


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1 (4) in paragraph (3)(B)(ii) of subsection (b) (as 

2 so redesignated), by striking ‘‘subsection (d)’’ and 

3 inserting ‘‘subsection (c)’’; and 

4 (5) in paragraph (3)(A)(ii) of subsection (c) (as 

5 so redesignated), by striking ‘‘subsection (c)(2)(B)’’ 

6 and inserting ‘‘subsection (b)(2)(B)’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) Section 6(a) of the Mineral Leasing Act for 

9 Acquired Lands (30 U.S.C. 355(a)) is amended— 

10 (A) in the first sentence, by striking ‘‘Sub11 ject to the provisions of section 35(b) of the 

12 Mineral Leasing Act (30 U.S.C. 191(b)), all’’ 

13 and inserting ‘‘All’’; and 

14 (B) in the second sentence, by striking ‘‘of 

15 the Act of February 25, 1920 (41 Stat. 450; 30 

16 U.S.C. 191),’’ and inserting ‘‘of the Mineral 

17 Leasing Act (30 U.S.C. 191)’’. 

18 (2) Section 20(a) of the Geothermal Steam Act 

19 of 1970 (30 U.S.C. 1019(a)) is amended, in the sec20 ond sentence of the matter preceding paragraph (1), 

21 by striking ‘‘the provisions of subsection (b) of sec22 tion 35 of the Mineral Leasing Act (30 U.S.C. 

23 191(b)) and section 5(a)(2) of this Act’’ and insert24 ing ‘‘section 5(a)(2)’’. 


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1 (3) Section 205(f) of the Federal Oil and Gas 

2 Royalty Management Act of 1982 (30 U.S.C. 

3 1735(f)) is amended— 

4 (A) in the first sentence, by striking ‘‘this 

5 Section’’ and inserting ‘‘this section’’; and 

6 (B) by striking the fourth, fifth, and sixth 

7 sentences. 

Æ 


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