II 

118TH CONGRESS 

1ST SESSION S. 879 

To provide greater output, price stability, and regulatory certainty with respect to domestic energy production in the United States and exports, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 21, 2023 

Mr. CRUZ introduced the following bill; which was read twice and referred to 

the Committee on Energy and Natural Resources 

A BILL 

To provide greater output, price stability, and regulatory 

certainty with respect to domestic energy production in 

the United States and exports, 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 

5 ‘‘Energy Freedom Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 


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TITLE I—ACCELERATING ENERGY APPROVALS TO REDUCE 

BOTTLENECKS 

Sec. 101. Findings. 

Sec. 102. Review and approval of certain natural gas transmission projects. 

Sec. 103. Expedited approval for certain natural gas interstate pipelines. 

Sec. 104. Natural gas exports. 

Sec. 105. Pending applications to export natural gas. 

Sec. 106. Domestic environmental impacts. 

Sec. 107. No Presidential permit required. 

TITLE II—UTILIZING AMERICA’S ONSHORE RESOURCES 

Sec. 201. Finding. 

Sec. 202. Annual oil and natural gas lease sales. 

Sec. 203. Permit to drill application timeline. 

Sec. 204. Congressional authority requirement. 

Sec. 205. Prohibition on moratoria of new energy leases on certain Federal land 

and on withdrawal of Federal land from energy development. 

TITLE III—OUTER CONTINENTAL SHELF LEASING 

Sec. 301. Finding. 

Sec. 302. Offshore lease sales. 

TITLE IV—ALTERNATIVE ENERGY 

Sec. 401. Geothermal, solar, and wind leasing priority areas. 

Sec. 402. Geothermal production on Federal lands. 

Sec. 403. Hardrock mineral licensing. 

TITLE V—STOPPING EXECUTIVE OVERREACH 

Sec. 501. Finding. 

Sec. 502. Navigable Waters Protection Rule. 

Sec. 503. Methane rule. 

Sec. 504. ONRR 2020 Valuation Reform and Civil Penalty Rule. 

Sec. 505. NEPA rule. 

Sec. 506. Nationwide permit 12. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Interior. 

4 TITLE I—ACCELERATING EN5 ERGY APPROVALS TO RE6 DUCE BOTTLENECKS 

7 SEC. 101. FINDINGS. 

8 Congress finds that— 


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1 (1) natural gas is a safe and abundant resource 

2 and is proven to be environmentally responsible; and 

3 (2) increasing the safe transmission of natural 

4 gas will lead to more reliable, abundant, and cleaner 

5 domestic supplies of energy that will contribute to 

6 job growth and economic development. 

7 SEC. 102. REVIEW AND APPROVAL OF CERTAIN NATURAL 

8 GAS TRANSMISSION PROJECTS. 

9 (a) FERC APPROVALS.—Section 7(e) of the Natural 

10 Gas Act (15 U.S.C. 717f(e)) is amended— 

11 (1) in the second sentence, by striking ‘‘The 

12 Commission’’ and inserting the following: 

13 ‘‘(3) TERMS AND CONDITIONS.—The Commis14 sion’’; 

15 (2) by striking ‘‘(e) Except’’ and inserting the 

16 following: 

17 ‘‘(e) APPLICATION PROCEDURE.— 

18 ‘‘(1) IN GENERAL.—Except’’; and 

19 (3) by inserting after paragraph (1) (as so des20 ignated) the following: 

21 ‘‘(2) DEADLINE FOR PROCESSING APPLICA22 TIONS.— 

23 ‘‘(A) IN GENERAL.—Not later than 1 year 

24 after the date on which the Commission receives 

25 an application for a certificate of public convenVerDate Sep 11 2014 22:34 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S879.IS S879

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1 ience and necessity under subsection (c), the 

2 Commission shall— 

3 ‘‘(i) complete all required consulta4 tions with other Federal agencies; 

5 ‘‘(ii) review the application in accord6 ance with the requirements of this section; 

7 and 

8 ‘‘(iii) issue the certificate or deny the 

9 application. 

10 ‘‘(B) REASONS FOR DENIAL.—If the Com11 mission denies an application under subpara12 graph (A)(iii), the Commission shall state the 

13 reasons for the denial.’’. 

14 (b) CORPS OF ENGINEERS APPROVALS.— 

15 (1) DEFINITION OF COVERED AUTHORIZA16 TION.—In this subsection, the term ‘‘covered author17 ization’’ means an authorization or approval re18 quired under Federal law from the Secretary of the 

19 Army for any natural gas transmission project, in20 cluding an authorization— 

21 (A) under section 404 of the Federal 

22 Water Pollution Control Act (33 U.S.C. 1344); 

23 (B) under section 10 of the Act of March 

24 3, 1899 (commonly known as the ‘‘Rivers and 


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1 Harbors Act of 1899’’) (30 Stat. 1151, chapter 

2 425; 33 U.S.C. 403); 

3 (C) for an easement under section 28 of 

4 the Mineral Leasing Act (30 U.S.C. 185); 

5 (D) for permission under section 14 of the 

6 Act of March 3, 1899 (commonly known as the 

7 ‘‘Rivers and Harbors Act of 1899’’) (30 Stat. 

8 1152, chapter 425; 33 U.S.C. 408); 

9 (E) under the National Environmental 

10 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

11 and 

12 (F) under any other applicable Federal 

13 law. 

14 (2) REQUIREMENT.—The Secretary of the 

15 Army shall— 

16 (A) approve or deny an application or re17 quest for a covered authorization, including the 

18 completion of any required consultations with 

19 other Federal agencies, by not later than 1 year 

20 after the date on which the application or re21 quest is submitted; and 

22 (B) if the application or request for a cov23 ered authorization is denied, provide to the ap24 plicant or requester the reasons for the denial. 


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1 SEC. 103. EXPEDITED APPROVAL FOR CERTAIN NATURAL 

2 GAS INTERSTATE PIPELINES. 

3 Section 7(c)(1) of the Natural Gas Act (15 U.S.C. 

4 717f(c)(1)) is amended— 

5 (1) in subparagraph (A)— 

6 (A) in the first sentence, by striking ‘‘or 

7 operations: Provided, however, That if any 

8 such’’ and inserting the following: ‘‘or oper9 ations. 

10 ‘‘(ii) PRIOR OPERATIONS.—If any 

11 such’’; and 

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

13 ‘‘(iii) PROJECTS THAT MEET SAFETY

14 REGULATIONS.—With respect to any appli15 cation for a certificate of public conven16 ience and necessity under clause (i) for 

17 which the Commission determines that the 

18 project covered by the application meets all 

19 safety regulations in effect as of the date 

20 of the application, the Commission shall 

21 issue the certificate without requiring fur22 ther proof that public convenience and ne23 cessity will be served by the project, and 

24 without further proceedings.’’; 

25 (2) by striking ‘‘(c)(1)(A) No natural-gas com26 pany’’ and inserting the following: 


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1 ‘‘(c) CERTIFICATES OF PUBLIC CONVENIENCE AND

2 NECESSITY.— 

3 ‘‘(1) APPLICATIONS.— 

4 ‘‘(A) REQUIREMENT TO APPLY FOR CER5 TIFICATE.— 

6 ‘‘(i) IN GENERAL.—No natural-gas 

7 company’’; and 

8 (3) in subparagraph (B), by striking ‘‘(B) In all 

9 other cases the Commission’’ and inserting the fol10 lowing: 

11 ‘‘(B) HEARINGS.—In all cases other than 

12 the cases described in clauses (ii) and (iii) of 

13 subparagraph (A), the Commission’’. 

14 SEC. 104. NATURAL GAS EXPORTS. 

15 (a) FINDINGS.—Congress finds that— 

16 (1) increasing clean and safe natural gas ex17 ports will lead to increased investment and develop18 ment of domestic supplies of natural gas that will 

19 contribute to job growth and economic development; 

20 and 

21 (2) the export of clean and safe natural gas to 

22 other nations is of vital national interest to the 

23 United States. 

24 (b) NATURAL GAS EXPORTS.—Section 3(c) of the 

25 Natural Gas Act (15 U.S.C. 717b(c)) is amended— 


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1 (1) by inserting ‘‘or any other nation not ex2 cluded by this section’’ after ‘‘trade in natural gas’’; 

3 (2) by inserting ‘‘and in any event by not later 

4 than 60 days after the date on which the application 

5 is received’’ before the period at the end; 

6 (3) by striking ‘‘(c) For purposes’’ and insert7 ing the following: 

8 ‘‘(c) EXPEDITED APPLICATION AND APPROVAL

9 PROCESS.— 

10 ‘‘(1) IN GENERAL.—For purposes’’; and 

11 (4) by adding at the end the following: 

12 ‘‘(2) EXCLUSIONS.— 

13 ‘‘(A) IN GENERAL.—Any nation subject to 

14 sanctions or trade restrictions imposed by the 

15 United States is excluded from expedited ap16 proval under paragraph (1). 

17 ‘‘(B) DESIGNATION BY PRESIDENT OR

18 CONGRESS.—The President or Congress may 

19 designate nations that may be excluded from 

20 expedited approval under paragraph (1) for rea21 sons of national security. 

22 ‘‘(3) ORDER NOT REQUIRED.—No order is re23 quired under subsection (a) to authorize the export 

24 or import of any natural gas to or from Canada or 

25 Mexico.’’. 


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1 SEC. 105. PENDING APPLICATIONS TO EXPORT NATURAL 

2 GAS. 

3 All applications to export natural gas from the United 

4 States to a foreign country submitted under section 3(a) 

5 of the Natural Gas Act (15 U.S.C. 717b(a)) during the 

6 period beginning on January 1, 2020, and ending on Jan7 uary 1, 2025, are deemed approved. 

8 SEC. 106. DOMESTIC ENVIRONMENTAL IMPACTS. 

9 (a) IN GENERAL.—Section 102(2) of the National 

10 Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) 

11 is amended— 

12 (1) in subparagraph (C)— 

13 (A) in the matter preceding clause (i), by 

14 inserting ‘‘in the United States’’ after ‘‘human 

15 environment’’; 

16 (B) in clause (i), by inserting ‘‘in the 

17 United States’’ after ‘‘proposed action’’; and 

18 (C) in clause (ii), by inserting ‘‘in the 

19 United States’’ after ‘‘environmental effects’’; 

20 and 

21 (2) in subparagraph (F), by inserting ‘‘in any 

22 proposal or other major Federal action that involves 

23 the funding or development of projects outside the 

24 United States or the exclusive economic zone of the 

25 United States,’’ before ‘‘recognize’’. 


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1 (b) IMPLEMENTING REGULATIONS.—Not later than 

2 1 year after the date of enactment of this Act, the Council 

3 on Environmental Quality shall revise the implementing 

4 regulations of the National Environmental Policy Act of 

5 1969 (42 U.S.C. 4321 et seq.) under subchapter A of 

6 chapter V of title 40, Code of Federal Regulations (or suc7 cessor regulations), in accordance with the amendments 

8 made by subsection (a). 

9 SEC. 107. NO PRESIDENTIAL PERMIT REQUIRED. 

10 No Presidential permit (or similar permit) required 

11 under section 301 of title 3, United States Code, Execu12 tive Order 12038 (42 U.S.C. 7151 note; relating to trans13 fer of certain functions to the Secretary of Energy), Exec14 utive Order 10485 (15 U.S.C. 717b note; relating to pro15 viding for the performance of certain functions heretofore 

16 performed by the President with respect to electric power 

17 and natural gas facilities located on the borders of the 

18 United States), or any other Executive order shall be nec19 essary for the construction, connection, operation, or 

20 maintenance of an oil or natural gas pipeline or electric 

21 transmission facility, or any cross-border segment thereof. 


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1 TITLE II—UTILIZING AMERICA’S 

2 ONSHORE RESOURCES 

3 SEC. 201. FINDING. 

4 Congress finds that regular and predictable leasing 

5 and permitting on Federal land is important to domestic 

6 energy production, which leads to robust competition and 

7 lower energy prices. 

8 SEC. 202. ANNUAL OIL AND NATURAL GAS LEASE SALES. 

9 (a) ANNUAL LEASE SALES.—Notwithstanding any 

10 other provision of law, in accordance with the Mineral 

11 Leasing Act (30 U.S.C. 181 et seq.), beginning in fiscal 

12 year 2024, the Secretary shall conduct a minimum of 4 

13 oil and natural gas lease sales annually in each of the fol14 lowing States: 

15 (1) Wyoming. 

16 (2) New Mexico. 

17 (3) Colorado. 

18 (4) Utah. 

19 (5) Montana. 

20 (6) North Dakota. 

21 (7) Oklahoma. 

22 (8) Nevada. 

23 (9) Alaska. 


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1 (10) Any other State in which there is land 

2 available for oil and natural gas leasing under that 

3 Act. 

4 (b) REQUIREMENT.—In conducting a lease sale under 

5 subsection (a) in a State described in that subsection, the 

6 Secretary shall offer all parcels eligible for oil and gas de7 velopment under the resource management plan in effect 

8 for the State. 

9 (c) REPLACEMENT SALES.—If, for any reason, a 

10 lease sale under subsection (a) for a calendar year is can11 celed, delayed, or deferred, including for a lack of eligible 

12 parcels, the Secretary shall conduct a replacement sale 

13 during the same calendar year. 

14 SEC. 203. PERMIT TO DRILL APPLICATION TIMELINE. 

15 Section 17(p) of the Mineral Leasing Act (30 U.S.C. 

16 226(p)) is amended by striking paragraph (2) and insert17 ing the following: 

18 ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL RE19 FORM AND PROCESS.— 

20 ‘‘(A) IN GENERAL.—Not later than the 

21 end of the 30-day period beginning on the date 

22 an application for a permit to drill is received 

23 by the Secretary, the Secretary shall decide 

24 whether to issue the permit. 

25 ‘‘(B) EXTENSION.— 


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1 ‘‘(i) IN GENERAL.—The Secretary 

2 may extend the period described in sub3 paragraph (A) for up to 2 periods of 15 

4 days each, if the Secretary has given writ5 ten notice of the delay to the applicant. 

6 ‘‘(ii) NOTICE.—The notice shall— 

7 ‘‘(I) be in the form of a letter 

8 from the Secretary or a designee of 

9 the Secretary; and 

10 ‘‘(II) include— 

11 ‘‘(aa) the names and titles 

12 of the persons processing the ap13 plication; 

14 ‘‘(bb) the specific reasons 

15 for the delay; and 

16 ‘‘(cc) a specific date a final 

17 decision on the application is ex18 pected. 

19 ‘‘(C) NOTICE OF REASONS FOR DENIAL.— 

20 If the application is denied, the Secretary shall 

21 provide the applicant— 

22 ‘‘(i) a written statement that provides 

23 clear and comprehensive reasons why the 

24 application was not accepted and detailed 


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1 information concerning any deficiencies; 

2 and 

3 ‘‘(ii) an opportunity to remedy any de4 ficiencies. 

5 ‘‘(D) APPLICATION DEEMED APPROVED.— 

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in clause (ii), if the Secretary has 

8 not made a decision on the application by 

9 the end of the 60-day period beginning on 

10 the date the application is received by the 

11 Secretary, the application shall be consid12 ered approved. 

13 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 

14 not apply in cases in which existing reviews 

15 under the National Environmental Policy 

16 Act of 1969 (42 U.S.C. 4321 et seq.) or 

17 Endangered Species Act of 1973 (16 

18 U.S.C. 1531 et seq.) are incomplete. 

19 ‘‘(E) DENIAL OF PERMIT.—If the Sec20 retary decides not to issue a permit to drill 

21 under this paragraph, the Secretary shall— 

22 ‘‘(i) provide to the applicant a descrip23 tion of the reasons for the denial of the 

24 permit; 


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1 ‘‘(ii) allow the applicant to resubmit 

2 an application for a permit to drill during 

3 the 10-day period beginning on the date 

4 the applicant receives the description of 

5 the denial from the Secretary; and 

6 ‘‘(iii) issue or deny any resubmitted 

7 application not later than 10 days after the 

8 date the application is submitted to the 

9 Secretary. 

10 ‘‘(F) FEE.— 

11 ‘‘(i) IN GENERAL.—Notwithstanding 

12 any other provision of law, the Secretary 

13 shall collect a single $6,500 permit proc14 essing fee per application from each appli15 cant at the time the final decision is made 

16 whether to issue a permit under subpara17 graph (A). 

18 ‘‘(ii) RESUBMITTED APPLICATION.— 

19 The fee required under clause (i) shall not 

20 apply to any resubmitted application. 

21 ‘‘(iii) TREATMENT OF PERMIT PROC22 ESSING FEE.—Subject to appropriation, of 

23 all fees collected under this paragraph for 

24 each fiscal year, 50 percent shall be— 


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1 ‘‘(I) transferred to the field office 

2 at which the fees are collected; and 

3 ‘‘(II) used to process protests, 

4 leases, and permits under this Act.’’. 

5 SEC. 204. CONGRESSIONAL AUTHORITY REQUIREMENT. 

6 Notwithstanding any other provision of law, the Sec7 retary may not declare a moratorium on the leasing of 

8 Federal land, including outer Continental Shelf land, for 

9 the drilling, mining, or collection of oil, gas, or coal, or 

10 for related activities, unless the moratorium is authorized 

11 by an Act of Congress. 

12 SEC. 205. PROHIBITION ON MORATORIA OF NEW ENERGY 

13 LEASES ON CERTAIN FEDERAL LAND AND ON 

14 WITHDRAWAL OF FEDERAL LAND FROM EN15 ERGY DEVELOPMENT. 

16 (a) DEFINITIONS.—In this section: 

17 (1) CRITICAL MINERAL.—The term ‘‘critical 

18 mineral’’ has the meaning given the term in section 

19 7002(a) of the Energy Act of 2020 (30 U.S.C. 

20 1606(a)). 

21 (2) FEDERAL LAND.— 

22 (A) IN GENERAL.—The term ‘‘Federal 

23 land’’ means— 

24 (i) National Forest System land; 


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1 (ii) public lands (as defined in section 

2 103 of the Federal Land Policy and Man3 agement Act of 1976 (43 U.S.C. 1702)); 

4 (iii) the outer Continental Shelf (as 

5 defined in section 2 of the Outer Conti6 nental Shelf Lands Act (43 U.S.C. 1331)); 

7 and 

8 (iv) land managed by the Secretary of 

9 Energy. 

10 (B) INCLUSIONS.—The term ‘‘Federal 

11 land’’ includes land described in clauses (i) 

12 through (iv) of subparagraph (A) for which the 

13 rights to the surface estate or subsurface estate 

14 are owned by a non-Federal entity. 

15 (3) PRESIDENT.—The term ‘‘President’’ means 

16 the President or any designee of the President, in17 cluding— 

18 (A) the Secretary of Agriculture; 

19 (B) the Secretary of Energy; and 

20 (C) the Secretary. 

21 (b) PROHIBITIONS.— 

22 (1) IN GENERAL.—Notwithstanding any other 

23 provision of law, the President may not carry out 

24 any action that would prohibit or substantially delay 

25 the issuance of any of the following on Federal land, 


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1 unless such an action has been authorized by an Act 

2 of Congress: 

3 (A) New oil and gas leases, drill permits, 

4 approvals, or authorizations. 

5 (B) New coal leases, permits, approvals, or 

6 authorizations. 

7 (C) New hardrock leases, permits, approv8 als, or authorizations. 

9 (D) New critical minerals leases, permits, 

10 approvals, or authorizations. 

11 (2) PROHIBITION ON WITHDRAWAL.—Notwith12 standing any other provision of law, the President 

13 may not withdraw any Federal land from forms of 

14 entry, appropriation, or disposal under the public 

15 land laws, location, entry, and patent under the min16 ing laws, or disposition under laws pertaining to 

17 mineral and geothermal leasing or mineral materials 

18 unless the withdrawal has been authorized by an Act 

19 of Congress. 

20 TITLE III—OUTER CONTINENTAL 

21 SHELF LEASING 

22 SEC. 301. FINDING. 

23 Congress finds that regular and predictable leasing 

24 and permitting on the outer Continental Shelf is imporVerDate Sep 11 2014 22:34 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S879.IS S879

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1 tant to domestic energy production, which leads to robust 

2 competition and low energy prices. 

3 SEC. 302. OFFSHORE LEASE SALES. 

4 (a) CENTRAL AND WESTERN GULF OF MEXICO RE5 GION ANNUAL LEASE SALES.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provision of law, the Secretary shall conduct a min8 imum of 2 region-wide oil and natural gas lease 

9 sales annually in the Gulf of Mexico Region of the 

10 outer Continental Shelf, which shall include the fol11 lowing areas described in the 2017–2022 Outer Con12 tinental Shelf Oil and Gas Leasing Proposed Final 

13 Program (November 2016): 

14 (A) The Central Gulf of Mexico Planning 

15 Area. 

16 (B) The Western Gulf of Mexico Planning 

17 Area. 

18 (2) TIMING.—The Secretary shall conduct the 

19 first lease sales required under paragraph (1) in the 

20 first and third quarters of each calendar year from 

21 2023 until 2028. 

22 (3) INCLUSIONS.—Each lease sale required 

23 under paragraph (1)— 


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1 (A) shall offer all unleased acres in the 

2 Central Gulf of Mexico Planning Area and the 

3 Western Gulf of Mexico Planning Area; and 

4 (B) shall be subject to the same lease stip5 ulations, withdrawals, and moratoriums as were 

6 included in Gulf of Mexico Outer Continental 

7 Shelf Region-wide Oil and Gas Lease Sale 256 

8 conducted on November 18, 2020. 

9 (4) CONTINUATION.—The Secretary shall con10 duct lease sales annually under this subsection until 

11 the date on which a new 5-year oil and gas leasing 

12 program is approved and implemented under section 

13 18(a) of the Outer Continental Shelf Lands Act (43 

14 U.S.C. 1344(a)). 

15 (b) ALASKA REGION ANNUAL LEASE SALES.—Not16 withstanding any other provision of law, beginning in fis17 cal year 2023, the Secretary shall conduct a minimum of 

18 2 region-wide oil and natural gas lease sales annually in 

19 the Alaska Region of the outer Continental Shelf, as de20 scribed in the 2017–2022 Outer Continental Shelf Oil and 

21 Gas Leasing Proposed Final Program (November 2016). 


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1 TITLE IV—ALTERNATIVE 

2 ENERGY 

3 SEC. 401. GEOTHERMAL, SOLAR, AND WIND LEASING PRI4 ORITY AREAS. 

5 (a) DESIGNATION OF GEOTHERMAL, SOLAR, AND

6 WIND LEASING PRIORITY AREAS.—As soon as prac7 ticable, but not later than 1 year after the date of enact8 ment of this Act, the Secretary, in consultation with the 

9 Secretary of Energy, shall designate— 

10 (1) 1 or more priority areas on Federal land for 

11 geothermal energy leasing; 

12 (2) 1 or more priority areas on Federal land for 

13 solar energy leasing; and 

14 (3) 1 or more priority areas on Federal land for 

15 wind energy leasing. 

16 (b) CRITERIA FOR SELECTION.—In determining 

17 whether Federal land should be designated as a priority 

18 area for geothermal, solar, or wind energy leasing under 

19 subsection (a), the Secretary, in consultation with the Sec20 retary of Energy, shall consider whether— 

21 (1) production of geothermal, solar, or wind en22 ergy on the Federal land is economically viable, in23 cluding whether the Federal land has access to exist24 ing methods of energy transmission; and 


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1 (2) the designation would comply with section 

2 202 of the Federal Land Policy and Management 

3 Act of 1976 (43 U.S.C. 1712), including subsection 

4 (c)(9) of that section. 

5 (c) TIMELINE FOR LEASING.—As soon as practicable, 

6 but not later than 1 year, after designating the priority 

7 areas under subsection (a), the Secretary shall conduct, 

8 as applicable, geothermal, solar, or wind lease sales for 

9 the priority areas. 

10 SEC. 402. GEOTHERMAL PRODUCTION ON FEDERAL LANDS. 

11 The Geothermal Steam Act of 1970 (30 U.S.C. 1001 

12 et seq.) is amended by adding at the end the following: 

13 ‘‘SEC. 30. CATEGORICAL EXCLUSION FOR GEOTHERMAL EX14 PLORATION TEST PROJECTS. 

15 ‘‘(a) REQUIREMENT TO PROVIDE NOTICE.—Not 

16 later than 30 days before the date on which the holder 

17 of a lease issued under this Act intends to begin carrying 

18 out a project the leaseholder believes is a geothermal ex19 ploration test project, the leaseholder shall provide notice 

20 to the Secretary of the intent to carry out the geothermal 

21 exploration test project. 

22 ‘‘(b) REVIEW AND DETERMINATION.—Not later than 

23 10 days after receipt of a notice of intent from a lease24 holder under subsection (a), the Secretary shall, with re25 spect to the project described in the notice of intent— 


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1 ‘‘(1)(A) determine whether the project is a geo2 thermal exploration test project; and 

3 ‘‘(B) if so, determine whether the geothermal 

4 exploration test project qualifies for a categorical ex5 clusion in accordance with subsection (c); and 

6 ‘‘(2) notify the leaseholder of the determina7 tions under paragraph (1). 

8 ‘‘(c) CATEGORICAL EXCLUSION.—Unless extraor9 dinary circumstances exist, as determined by the Sec10 retary, a project that the Secretary determines is a geo11 thermal exploration test project under subsection 

12 (b)(1)(A) shall be categorically excluded from the require13 ments for an environmental assessment or an environ14 mental impact statement under the National Environ15 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

16 ‘‘(d) OPPORTUNITY TO REMEDY.—If the Secretary 

17 determines under subsection (b)(1)(A) that a project is 

18 not a geothermal exploration test project or under sub19 section (b)(1)(B) that a geothermal exploration test 

20 project does not qualify for a categorical exclusion because 

21 extraordinary circumstances exist, the Secretary shall— 

22 ‘‘(1) include in the notice under subsection 

23 (b)(2) clear and detailed findings on any deficiencies 

24 in the project that resulted in the determination; 

25 and 


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1 ‘‘(2) allow the leaseholder to remedy any such 

2 deficiencies and resubmit the notice of intent under 

3 subsection (a).’’. 

4 SEC. 403. HARDROCK MINERAL LICENSING. 

5 (a) IN GENERAL.—The Outer Continental Shelf 

6 Lands Act (43 U.S.C. 1331 et seq.) is amended by adding 

7 at the end the following: 

8 ‘‘SEC. 34. HARDROCK MINERAL LICENSING. 

9 ‘‘(a) IN GENERAL.—The Secretary may grant non10 competitive licenses for the exploration and mining of 

11 hardrock minerals on the outer Continental Shelf. 

12 ‘‘(b) ROYALTY RATE.—The royalty rate for hardrock 

13 minerals extracted pursuant to a license under subsection 

14 (a) shall be a royalty rate determined by the Secretary 

15 through regulations issued not more than 2 years after 

16 the date of enactment of the Energy Freedom Act, which 

17 may include a royalty rate of 0 percent if the Secretary 

18 finds that such a royalty rate is necessary to ensure com19 petition.’’. 

20 (b) TECHNICAL AMENDMENT.—Section 2 of the 

21 Outer Continental Shelf Lands Act (43 U.S.C. 1331) is 

22 amended in the second subsection (r) (relating to the term 

23 ‘‘State’’) by striking ‘‘(r) The term ‘State’ ’’ and inserting 

24 the following: 

25 ‘‘(t) STATE.—The term ‘State’ ’’. 


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•S 879 IS

1 TITLE V—STOPPING EXECUTIVE 

2 OVERREACH 

3 SEC. 501. FINDING. 

4 Congress finds that frequent change to major energy 

5 regulations have a detrimental effect on investment in, 

6 and development of, domestic energy production, which re7 duces competition and raises energy prices. 

8 SEC. 502. NAVIGABLE WATERS PROTECTION RULE. 

9 (a) REINSTATEMENT.—The final rule of the Corps 

10 of Engineers and the Environmental Protection Agency 

11 entitled ‘‘The Navigable Waters Protection Rule: Defini12 tion of ‘Waters of the United States’ ’’ (85 Fed. Reg. 

13 22250 (April 21, 2020)) is hereby reinstated, and each 

14 of its provisions shall apply unless and until the effective 

15 date of a subsequent final rule promulgated, subject to 

16 subsection (b), under applicable authority that replaces or 

17 repeals that provision. 

18 (b) MODIFICATION PROHIBITED.—The Secretary of 

19 the Army and the Administrator of the Environmental 

20 Protection Agency may not modify the final rule described 

21 in subsection (a) during the 15-year period that begins 

22 on the date of enactment of this Act. 

23 SEC. 503. METHANE RULE. 

24 (a) REINSTATEMENT.—Notwithstanding Public Law 

25 117–23 (135 Stat. 295), the final rule of the EnvironVerDate Sep 11 2014 22:34 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S879.IS S879

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•S 879 IS

1 mental Protection Agency entitled ‘‘Oil and Natural Gas 

2 Sector: Emission Standards for New, Reconstructed, and 

3 Modified Sources Review’’ (85 Fed. Reg. 57018 (Sep4 tember 14, 2020)) is hereby reinstated, and each of its 

5 provisions shall apply unless and until the effective date 

6 of a subsequent final rule promulgated, subject to sub7 section (b), under applicable authority that replaces or re8 peals that provision. 

9 (b) MODIFICATION PROHIBITED.—The Adminis10 trator of the Environmental Protection Agency may not 

11 modify the final rule described in subsection (a) during 

12 the 15-year period that begins on the date of enactment 

13 of this Act. 

14 SEC. 504. ONRR 2020 VALUATION REFORM AND CIVIL PEN15 ALTY RULE. 

16 (a) REINSTATEMENT.—The final rule of the Office 

17 of Natural Resources Revenue of the Department of the 

18 Interior entitled ‘‘ONRR 2020 Valuation Reform and Civil 

19 Penalty Rule’’ (86 Fed. Reg. 4612 (January 15, 2021)) 

20 is hereby reinstated, and each of its provisions shall apply 

21 unless and until the effective date of a subsequent final 

22 rule promulgated, subject to subsection (b), under applica23 ble authority that replaces or repeals that provision. 

24 (b) MODIFICATION PROHIBITED.—The Secretary and 

25 the Director of the Office of Natural Resources Revenue 


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•S 879 IS

1 may not modify the final rule described in subsection (a) 

2 during the 15-year period that begins on the date of enact3 ment of this Act. 

4 SEC. 505. NEPA RULE. 

5 (a) REINSTATEMENT.—The final rule of the Council 

6 on Environmental Quality entitled ‘‘Update to the Regula7 tions Implementing the Procedural Provisions of the Na8 tional Environmental Policy Act’’ (85 Fed. Reg. 43304 

9 (July 16, 2020)) is hereby reinstated, and each of its pro10 visions shall apply unless and until the effective date of 

11 a subsequent final rule promulgated, subject to subsection 

12 (c), under applicable authority that replaces or repeals 

13 that provision. 

14 (b) UPDATES TO IMPLEMENTING REGULATIONS.— 

15 Not later than 60 days after the date of enactment of this 

16 Act, the Chair of the Council on Environmental Quality 

17 shall revise the implementing regulations of the National 

18 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

19 seq.) under subchapter A of chapter V of title 40, Code 

20 of Federal Regulations (or successor regulations), in ac21 cordance with the final rule described in subsection (a). 

22 (c) MODIFICATION PROHIBITED.—The Chair of the 

23 Council on Environmental Quality may not modify the 

24 final rule described in subsection (a) during the 15-year 

25 period that begins on the date of enactment of this Act. 


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•S 879 IS

1 SEC. 506. NATIONWIDE PERMIT 12. 

2 Notwithstanding any other provision of law, the Sec3 retary of the Army may not modify nationwide permit 12, 

4 as described in the final rule of the Secretary of the Army 

5 entitled ‘‘Reissuance and Modification of Nationwide Per6 mits’’ (86 Fed. Reg. 2744 (January 13, 2021)), during 

7 the 15-year period that begins on the date of enactment 

8 of this Act. 

Æ 


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