II 

117TH CONGRESS 

2D SESSION S. 3762 

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 3, 2022 

Mr. CRUZ (for himself and Mr. HAGERTY) 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. Alternative energy and minerals with respect to territories of the 

United States. 

Sec. 404. 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. 


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1 TITLE I—ACCELERATING EN2 ERGY APPROVALS TO RE3 DUCE BOTTLENECKS 

4 SEC. 101. FINDINGS. 

5 Congress finds that— 

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

7 and is proven to be environmentally responsible; and 

8 (2) increasing the safe transmission of natural 

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

10 domestic supplies of energy that will contribute to 

11 job growth and economic development. 

12 SEC. 102. REVIEW AND APPROVAL OF CERTAIN NATURAL 

13 GAS TRANSMISSION PROJECTS. 

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

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

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

17 Commission’’ and inserting the following: 

18 ‘‘(3) TERMS AND CONDITIONS.—The Commis19 sion’’; 

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

21 following: 

22 ‘‘(e) APPLICATION PROCEDURE.— 

23 ‘‘(1) IN GENERAL.—Except’’; and 

24 (3) by inserting after paragraph (1) (as so des25 ignated) the following: 


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1 ‘‘(2) DEADLINE FOR PROCESSING APPLICA2 TIONS.— 

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

4 after the date on which the Commission receives 

5 an application for a certificate of public conven6 ience and necessity under subsection (c), the 

7 Commission shall— 

8 ‘‘(i) complete all required consulta9 tions with other Federal agencies; 

10 ‘‘(ii) review the application in accord11 ance with the requirements of this section; 

12 and 

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

14 application. 

15 ‘‘(B) REASONS FOR DENIAL.—If the Com16 mission denies an application under subpara17 graph (A)(iii), the Commission shall state the 

18 reasons for the denial.’’. 

19 (b) CORPS OF ENGINEERS APPROVALS.— 

20 (1) DEFINITION OF COVERED AUTHORIZA21 TION.—In this subsection, the term ‘‘covered author22 ization’’ means an authorization or approval re23 quired under Federal law from the Secretary of the 

24 Army for any natural gas transmission project, in25 cluding an authorization— 


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1 (A) under section 404 of the Federal 

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

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

4 3, 1899 (commonly known as the ‘‘Rivers and 

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

6 425; 33 U.S.C. 403); 

7 (C) for an easement under section 28 of 

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

9 (D) for permission under section 14 of the 

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

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

12 1152, chapter 425; 33 U.S.C. 408); 

13 (E) under the National Environmental 

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

15 and 

16 (F) any other applicable Federal law. 

17 (2) REQUIREMENT.—The Secretary of the 

18 Army shall— 

19 (A) approve or deny an application or re20 quest for a covered authorization, including the 

21 completion of any required consultations with 

22 other Federal agencies, by not later than 1 year 

23 after the date on which the application or re24 quest is submitted; and 


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1 (B) if the application or request for a cov2 ered authorization is denied, provide to the ap3 plicant or requester the reasons for the denial. 

4 SEC. 103. EXPEDITED APPROVAL FOR CERTAIN NATURAL 

5 GAS INTERSTATE PIPELINES. 

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

7 717f)(c)(1)) is amended— 

8 (1) in subparagraph (A)— 

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

10 operations: Provided, however, That if any 

11 such’’ and inserting the following: ‘‘or oper12 ations. 

13 ‘‘(ii) PRIOR OPERATIONS.—If any 

14 such’’; and 

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

16 ‘‘(iii) PROJECTS THAT MEET SAFETY

17 REGULATIONS.—With respect to any appli18 cation for a certificate of public conven19 ience and necessity under clause (i) for 

20 which the Commission determines that the 

21 project covered by the application meets all 

22 safety regulations in effect as of the date 

23 of the application, the Commission shall 

24 issue the certificate without requiring fur25 ther proof that public convenience and neVerDate Sep 11 2014 05:21 Mar 05, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3762.IS S3762

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1 cessity will be served by the project, and 

2 without further proceedings.’’; 

3 (2) by striking ‘‘(c)(1)(A) No natural-gas com4 pany’’ and inserting the following: 

5 ‘‘(c) CERTIFICATES OF PUBLIC CONVENIENCE AND

6 NECESSITY.— 

7 ‘‘(1) APPLICATIONS.— 

8 ‘‘(A) REQUIREMENT TO APPLY FOR CER9 TIFICATE.— 

10 ‘‘(i) IN GENERAL.—No natural-gas 

11 company’’; and 

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

13 other cases the Commission’’ and inserting the fol14 lowing: 

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

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

17 subparagraph (A), the Commission’’. 

18 SEC. 104. NATURAL GAS EXPORTS. 

19 (a) FINDINGS.—Congress finds that— 

20 (1) increasing clean and safe natural gas ex21 ports will lead to increased investment and develop22 ment of domestic supplies of natural gas that will 

23 contribute to job growth and economic development; 

24 and 


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

2 other nations is of vital national interest to the 

3 United States. 

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

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

6 (1) by inserting ‘‘or any other nation not ex7 cluded by this section’’ after ‘‘trade in natural gas’’; 

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

9 than 60 days after the date on which the application 

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

11 (3) by striking ‘‘(c) For purposes’’ and insert12 ing the following: 

13 ‘‘(c) EXPEDITED APPLICATION AND APPROVAL

14 PROCESS.— 

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

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

17 ‘‘(2) EXCLUSIONS.— 

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

19 sanctions or trade restrictions imposed by the 

20 United States is excluded from expedited ap21 proval under paragraph (1). 

22 ‘‘(B) DESIGNATION BY PRESIDENT OR

23 CONGRESS.—The President or Congress may 

24 designate nations that may be excluded from 


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1 expedited approval under paragraph (1) for rea2 sons of national security. 

3 ‘‘(3) ORDER NOT REQUIRED.—No order is re4 quired under subsection (a) to authorize the export 

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

6 Mexico.’’. 

7 SEC. 105. PENDING APPLICATIONS TO EXPORT NATURAL 

8 GAS. 

9 All applications to export natural gas from the United 

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

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

12 period beginning on January 1, 2020, and ending on Jan13 uary 1, 2025, are deemed approved. 

14 SEC. 106. DOMESTIC ENVIRONMENTAL IMPACTS. 

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

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

17 is amended— 

18 (1) in subparagraph (C)— 

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

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

21 environment’’; 

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

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


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

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

3 and 

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

5 proposal or other major Federal action that involves 

6 the funding or development of projects outside the 

7 United States or the exclusive economic zone of the 

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

9 (b) IMPLEMENTING REGULATIONS.—Not later than 

10 1 year after the date of enactment of this Act, the Council 

11 on Environmental Quality shall revise the implementing 

12 regulations of the National Environmental Policy Act of 

13 1969 (42 U.S.C. 4321 et seq.) under subchapter A of 

14 chapter V of title 40, Code of Federal Regulations (or suc15 cessor regulations), in accordance with the amendments 

16 made by subsection (a). 

17 SEC. 107. NO PRESIDENTIAL PERMIT REQUIRED. 

18 No Presidential permit (or similar permit) required 

19 under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. 

20 Reg. 25299 (April 30, 2004)), Executive Order 11423 (3 

21 U.S.C. 301 note; 33 Fed. Reg. 11741 (August 16, 1968)), 

22 section 301 of title 3, United States Code, Executive 

23 Order 12038 (43 Fed. Reg. 3674 (January 26, 1978)), 

24 Executive Order 10485 (18 Fed. Reg. 5397 (September 

25 9, 1953)), or any other Executive order shall be necessary 


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1 for the construction, connection, operation, or mainte2 nance of an oil or natural gas pipeline or electric trans3 mission facility, or any cross-border segment thereof. 

4 TITLE II—UTILIZING AMERICA’S 

5 ONSHORE RESOURCES 

6 SEC. 201. FINDING. 

7 Congress finds that regular and predictable leasing 

8 and permitting on Federal land is important to domestic 

9 energy production, which leads to robust competition and 

10 lower energy prices. 

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

12 (a) ANNUAL LEASE SALES.—Notwithstanding any 

13 other provision of law, in accordance with the Mineral 

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

15 year 2022, the Secretary shall conduct a minimum of 4 

16 oil and natural gas lease sales annually in each of the fol17 lowing States: 

18 (1) Wyoming. 

19 (2) New Mexico. 

20 (3) Colorado. 

21 (4) Utah. 

22 (5) Montana. 

23 (6) North Dakota. 

24 (7) Oklahoma. 

25 (8) Nevada. 


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1 (9) Alaska. 

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

3 available for oil and natural gas leasing under that 

4 Act. 

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

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

7 Secretary shall offer all parcels eligible for oil and gas de8 velopment under the resource management plan in effect 

9 for the State. 

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

11 lease sale under subsection (a) for a calendar year is can12 celed, delayed, or deferred, including for a lack of eligible 

13 parcels, the Secretary shall conduct a replacement sale 

14 during the same calendar year. 

15 SEC. 203. PERMIT TO DRILL APPLICATION TIMELINE. 

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

17 226(p)) is amended by striking paragraph (2) and insert18 ing the following: 

19 ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL RE20 FORM AND PROCESS.— 

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

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

23 an application for a permit to drill is received 

24 by the Secretary, the Secretary shall decide 

25 whether to issue the permit. 


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1 ‘‘(B) EXTENSION.— 

2 ‘‘(i) IN GENERAL.—The Secretary 

3 may extend the period described in sub4 paragraph (A) for up to 2 periods of 15 

5 days each, if the Secretary has given writ6 ten notice of the delay to the applicant. 

7 ‘‘(ii) NOTICE.—The notice shall— 

8 ‘‘(I) be in the form of a letter 

9 from the Secretary or a designee of 

10 the Secretary; and 

11 ‘‘(II) include— 

12 ‘‘(aa) the names and titles 

13 of the persons processing the ap14 plication; 

15 ‘‘(bb) the specific reasons 

16 for the delay; and 

17 ‘‘(cc) a specific date a final 

18 decision on the application is ex19 pected. 

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

21 If the application is denied, the Secretary shall 

22 provide the applicant— 

23 ‘‘(i) a written statement that provides 

24 clear and comprehensive reasons why the 

25 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 

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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) OFFSHORE LEASE SALES.—The Secretary shall 

5 conduct all lease sales described in the 2017–2022 Outer 

6 Continental Shelf Oil and Gas Leasing Proposed Final 

7 Program (November 2016) that have not been conducted 

8 as of the date of enactment of this Act by not later than 

9 December 31, 2022. 

10 (b) CENTRAL AND WESTERN GULF OF MEXICO RE11 GION ANNUAL LEASE SALES.— 

12 (1) IN GENERAL.—Notwithstanding any other 

13 provision of law, if a final 2023–2027 oil and gas 

14 leasing program is not approved under section 18(a) 

15 of the Outer Continental Shelf Lands Act (43 

16 U.S.C. 1344(a)) by July 1, 2022, the Secretary shall 

17 conduct a minimum of 2 region-wide oil and natural 

18 gas lease sales annually in the Gulf of Mexico Re19 gion of the outer Continental Shelf, which shall in20 clude the following areas described in the 2017– 

21 2022 Outer Continental Shelf Oil and Gas Leasing 

22 Proposed Final Program (November 2016): 

23 (A) The Central Gulf of Mexico Planning 

24 Area. 


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1 (B) The Western Gulf of Mexico Planning 

2 Area. 

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

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

5 first and third quarters of calendar year 2023. 

6 (3) INCLUSIONS.—Each lease sale required 

7 under paragraph (1)— 

8 (A) shall offer all unleased acres in the 

9 Central Gulf of Mexico Planning Area and the 

10 Western Gulf of Mexico Planning Area; and 

11 (B) shall be subject to the same lease stip12 ulations, withdrawals, and moratoriums as were 

13 included in Gulf of Mexico Outer Continental 

14 Shelf Region-wide Oil and Gas Lease Sale 256 

15 conducted on November 18, 2020. 

16 (4) CONTINUATION.—The Secretary shall con17 duct lease sales annually under this subsection until 

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

19 program is approved and implemented under section 

20 18(a) of the Outer Continental Shelf Lands Act (43 

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

22 (c) ALASKA REGION ANNUAL LEASE SALES.—Not23 withstanding any other provision of law, beginning in fis24 cal year 2022, the Secretary shall conduct a minimum of 

25 2 region-wide oil and natural gas lease sales annually in 


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1 the Alaska Region of the outer Continental Shelf, as de2 scribed in the 2017–2022 Outer Continental Shelf Oil and 

3 Gas Leasing Proposed Final Program (November 2016). 

4 TITLE IV—ALTERNATIVE 

5 ENERGY 

6 SEC. 401. GEOTHERMAL, SOLAR, AND WIND LEASING PRI7 ORITY AREAS. 

8 (a) DESIGNATION OF GEOTHERMAL, SOLAR, AND

9 WIND LEASING PRIORITY AREAS.—As soon as prac10 ticable, but not later than 1 year after the date of enact11 ment of this Act, the Secretary, in consultation with the 

12 Secretary of Energy, shall designate— 

13 (1) 1 or more priority areas on Federal land for 

14 geothermal energy leasing; 

15 (2) 1 or more priority areas on Federal land for 

16 solar energy leasing; and 

17 (3) 1 or more priority areas on Federal land for 

18 wind energy leasing. 

19 (b) CRITERIA FOR SELECTION.—In determining 

20 whether Federal land should be designated as a priority 

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

22 subsection (a), the Secretary, in consultation with the Sec23 retary of Energy, shall consider whether— 

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1 cluding whether the Federal land has access to exist2 ing methods of energy transmission; and 

3 (2) the designation would comply with section 

4 202 of the Federal Land Policy and Management 

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

6 (c)(9) of that section. 

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

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

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

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

11 the priority areas. 

12 SEC. 402. GEOTHERMAL PRODUCTION ON FEDERAL LANDS. 

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

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

15 ‘‘SEC. 30. CATEGORICAL EXCLUSION FOR GEOTHERMAL EX16 PLORATION TEST PROJECTS. 

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

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

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

20 out a project the leaseholder believes is a geothermal ex21 ploration test project, the leaseholder shall provide notice 

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

23 exploration test project. 

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

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1 holder under subsection (a), the Secretary shall, with re2 spect to the project described in the notice of intent— 

3 ‘‘(1)(A) determine whether the project is a geo4 thermal exploration test project; and 

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

6 exploration test project qualifies for a categorical ex7 clusion in accordance with subsection (c); and 

8 ‘‘(2) notify the leaseholder of the determina9 tions under paragraph (1). 

10 ‘‘(c) CATEGORICAL EXCLUSION.—Unless extraor11 dinary circumstances exist, as determined by the Sec12 retary, a project that the Secretary determines is a geo13 thermal exploration test project under subsection 

14 (b)(1)(A) shall be categorically excluded from the require15 ments for an environmental assessment or an environ16 mental impact statement under the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

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

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

20 not a geothermal exploration test project or under sub21 section (b)(1)(B) that a geothermal exploration test 

22 project does not qualify for a categorical exclusion because 

23 extraordinary circumstances exist, the Secretary shall— 

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

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


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1 in the project that resulted in the determination; 

2 and 

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

4 deficiencies and resubmit the notice of intent under 

5 subsection (a).’’. 

6 SEC. 403. ALTERNATIVE ENERGY AND MINERALS WITH RE7 SPECT TO TERRITORIES OF THE UNITED 

8 STATES. 

9 Section 2 of the Outer Continental Shelf Lands Act 

10 (43 U.S.C. 1331) is amended— 

11 (1) in subsection (a)— 

12 (A) by striking ‘‘lying seaward’’ and insert13 ing the following: ‘‘lying— 

14 ‘‘(1) seaward’’; 

15 (B) in paragraph (1) (as so designated), by 

16 adding ‘‘or’’ after the semicolon at the end; and 

17 (C) by adding at the end the following: 

18 ‘‘(2) within the exclusive economic zone of the 

19 United States adjacent to any territory or possession 

20 (other than an area conveyed by Congress to a terri21 torial government for administration);’’; 

22 (2) in subsection (p), by striking ‘‘and’’ after 

23 the semicolon at the end; 

24 (3) in subsection (q), by striking the period at 

25 the end and inserting a semicolon; and 


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

2 ‘‘(r) The term ‘State’ means— 

3 ‘‘(1) each of the several States; and 

4 ‘‘(2) each territory or possession; and 

5 ‘‘(s) The term ‘territory or possession’ means— 

6 ‘‘(1) the Commonwealth of Puerto Rico; 

7 ‘‘(2) Guam; 

8 ‘‘(3) American Samoa; 

9 ‘‘(4) the United States Virgin Islands; and 

10 ‘‘(5) the Commonwealth of the Northern Mar11 iana Islands.’’. 

12 SEC. 404. HARDROCK MINERAL LICENSING. 

13 The Outer Continental Shelf Lands Act (43 U.S.C. 

14 1331 et seq.) is amended by adding at the end the fol15 lowing: 

16 ‘‘SEC. 33. HARDROCK MINERAL LICENSING. 

17 ‘‘(a) IN GENERAL.—The Secretary may grant non18 competitive licenses for the exploration and mining of 

19 hardrock minerals on the outer Continental Shelf. 

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

21 minerals extracted pursuant to a license under subsection 

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

23 through regulations issued not more than 2 years after 

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

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


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1 finds that such a royalty rate is necessary to ensure com2 petition.’’. 

3 TITLE V—STOPPING EXECUTIVE 

4 OVERREACH 

5 SEC. 501. FINDING. 

6 Congress finds that frequent change to major energy 

7 regulations have a detrimental effect on investment in, 

8 and development of, domestic energy production, which re9 duces competition and raises energy prices. 

10 SEC. 502. NAVIGABLE WATERS PROTECTION RULE. 

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

12 of Engineers and the Environmental Protection Agency 

13 entitled ‘‘The Navigable Waters Protection Rule: Defini14 tion of ‘Waters of the United States’ ’’ (85 Fed. Reg. 

15 22250 (April 21, 2020)) is hereby reinstated, and each 

16 of its provisions shall apply unless and until the effective 

17 date of a subsequent final rule promulgated, subject to 

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

19 repeals that provision. 

20 (b) MODIFICATION PROHIBITED.—The Secretary of 

21 the Army and the Administrator of the Environmental 

22 Protection Agency may not modify the final rule described 

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

24 on the date of enactment of this Act. 


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1 SEC. 503. METHANE RULE. 

2 (a) REINSTATEMENT.—Notwithstanding Public Law 

3 117–23 (135 Stat. 295), the final rule of the Environ4 mental Protection Agency entitled ‘‘Oil and Natural Gas 

5 Sector: Emission Standards for New, Reconstructed, and 

6 Modified Sources Review’’ (85 Fed. Reg. 57018 (Sep7 tember 14, 2020)) is hereby reinstated, and each of its 

8 provisions shall apply unless and until the effective date 

9 of a subsequent final rule promulgated, subject to sub10 section (b), under applicable authority that replaces or re11 peals that provision. 

12 (b) MODIFICATION PROHIBITED.—The Adminis13 trator of the Environmental Protection Agency may not 

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

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

16 of this Act. 

17 SEC. 504. ONRR 2020 VALUATION REFORM AND CIVIL PEN18 ALTY RULE. 

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

20 of Natural Resources Revenue of the Department of the 

21 Interior entitled ‘‘ONRR 2020 Valuation Reform and Civil 

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

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

24 unless and until the effective date of a subsequent final 

25 rule promulgated, subject to subsection (b), under applica26 ble authority that replaces or repeals that provision. 


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1 (b) MODIFICATION PROHIBITED.—The Secretary and 

2 the Director of the Office of Natural Resources Revenue 

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

4 during the 15-year period that begins on the date of enact5 ment of this Act. 

6 SEC. 505. NEPA RULE. 

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

8 on Environmental Quality entitled ‘‘Update to the Regula9 tions Implementing the Procedural Provisions of the Na10 tional Environmental Policy Act’’ (85 Fed. Reg. 43304 

11 (July 16, 2020)) is hereby reinstated, and each of its pro12 visions shall apply unless and until the effective date of 

13 a subsequent final rule promulgated, subject to subsection 

14 (b), under applicable authority that replaces or repeals 

15 that provision. 

16 (b) UPDATES TO IMPLEMENTING REGULATIONS.— 

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

18 Act, the Council on Environmental Quality shall revise the 

19 implementing regulations of the National Environmental 

20 Policy Act of 1969 (42 U.S.C. 4321 et seq.) under sub21 chapter A of chapter V of title 40, Code of Federal Regu22 lations (or successor regulations), in accordance with the 

23 final rule described in subsection (a). 

24 (c) PROHIBITION.—The Council on Environmental 

25 Quality may not modify the final rule described in subVerDate Sep 11 2014 05:21 Mar 05, 2022 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3762.IS S3762

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1 section (a) during the 15-year period that begins on the 

2 date of enactment of this Act. 

3 SEC. 506. NATIONWIDE PERMIT 12. 

4 Notwithstanding any other provision of law, the Sec5 retary of the Army may not modify nationwide permit 12, 

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

7 entitled ‘‘Reissuance and Modification of Nationwide Per8 mits’’ (86 Fed. Reg. 2744 (January 13, 2021)), during 

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

10 of this Act. 

Æ 


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