118TH CONGRESS 

1ST SESSION H. R. 1 

AN ACT 

To lower energy costs by increasing American energy production, exports, infrastructure, and critical minerals processing, by promoting transparency, accountability, permitting, and production of American resources, and by 

improving water quality certification and energy projects, 

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, 
2 

•HR 1 EH

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Lower Energy Costs Act’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

DIVISION A—INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS, INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING 

Sec. 10001. Securing America’s critical minerals supply. 

Sec. 10002. Protecting American energy production. 

Sec. 10003. Researching Efficient Federal Improvements for Necessary Energy 

Refining. 

Sec. 10004. Promoting cross-border energy infrastructure. 

Sec. 10005. Sense of Congress expressing disapproval of the revocation of the 

Presidential permit for the Keystone XL pipeline. 

Sec. 10006. Sense of Congress opposing restrictions on the export of crude oil 

or other petroleum products. 

Sec. 10007. Sense of Congress expressing disapproval of the denial of Jordan 

Cove permits. 

Sec. 10008. Unlocking our domestic LNG potential. 

Sec. 10009. Promoting interagency coordination for review of natural gas pipelines. 

Sec. 10010. Interim hazardous waste permits for critical energy resource facilities. 

Sec. 10011. Flexible air permits for critical energy resource facilities. 

Sec. 10012. National security or energy security waivers to produce critical energy resources. 

Sec. 10013. Ending future delays in chemical substance review for critical energy resources. 

Sec. 10014. Natural gas tax repeal. 

Sec. 10015. Repeal of greenhouse gas reduction fund. 

Sec. 10016. Keeping America’s refineries operating. 

Sec. 10017. Homeowner energy freedom. 

Sec. 10018. Study. 

Sec. 10019. State primary enforcement responsibility. 

Sec. 10020. Use of index-based pricing in acquisition of petroleum products for 

the SPR. 

Sec. 10021. Prohibition on certain exports. 

Sec. 10022. Sense of Congress expressing disapproval of the proposed tax hikes 

on the oil and natural gas industry in the President’s fiscal 

year 2024 budget request. 

Sec. 10023. Domestic Energy Independence report. 

Sec. 10024. GAO study. 

Sec. 10025. Gas kitchen ranges and ovens. 

DIVISION B—TRANSPARENCY, ACCOUNTABILITY, PERMITTING, 

AND PRODUCTION OF AMERICAN RESOURCES 
3 

•HR 1 EH

Sec. 20001. Short title; table of contents. 

TITLE I—ONSHORE AND OFFSHORE LEASING AND OVERSIGHT 

Sec. 20101. Onshore oil and gas leasing. 

Sec. 20102. Lease reinstatement. 

Sec. 20103. Protested lease sales. 

Sec. 20104. Suspension of operations. 

Sec. 20105. Administrative protest process reform. 

Sec. 20106. Leasing and permitting transparency. 

Sec. 20107. Offshore oil and gas leasing. 

Sec. 20108. Five-year plan for offshore oil and gas leasing. 

Sec. 20109. Geothermal leasing. 

Sec. 20110. Leasing for certain qualified coal applications. 

Sec. 20111. Future coal leasing. 

Sec. 20112. Staff planning report. 

Sec. 20113. Prohibition on Chinese communist party ownership interest. 

Sec. 20114. Effect on other law. 

Sec. 20115. Requirement for GAO report on wind energy impacts. 

Sec. 20116. Sense of Congress on wind energy development supply chain. 

Sec. 20117. Sense of Congress on oil and gas royalty rates. 

Sec. 20118. Offshore wind environmental review process study. 

Sec. 20119. GAO report on wind energy impacts. 

TITLE II—PERMITTING STREAMLINING 

Sec. 20201. Definitions. 

Sec. 20202. BUILDER Act. 

Sec. 20203. Codification of National Environmental Policy Act regulations. 

Sec. 20204. Non-major Federal actions. 

Sec. 20205. No net loss determination for existing rights-of-way. 

Sec. 20206. Determination of National Environmental Policy Act adequacy. 

Sec. 20207. Determination regarding rights-of-way. 

Sec. 20208. Terms of rights-of-Way. 

Sec. 20209. Funding to process permits and develop information technology. 

Sec. 20210. Offshore geological and geophysical survey licensing. 

Sec. 20211. Deferral of applications for permits to drill. 

Sec. 20212. Processing and terms of applications for permits to drill. 

Sec. 20213. Amendments to the Energy Policy Act of 2005. 

Sec. 20214. Access to Federal energy resources from non-Federal surface estate. 

Sec. 20215. Scope of environmental reviews for oil and gas leases. 

Sec. 20216. Expediting approval of gathering lines. 

Sec. 20217. Lease sale litigation. 

Sec. 20218. Limitation on claims. 

Sec. 20219. Government Accountability Office report on permits to drill. 

Sec. 20220. E–NEPA. 

Sec. 20221. Limitations on claims. 

Sec. 20222. One Federal decision for pipelines. 

Sec. 20223. Exemption of certain wildfire mitigation activities from certain environmental requirements. 

Sec. 20224. Vegetation management, facility inspection, and operation and 

maintenance relating to electric transmission and distribution 

facility rights of way. 

Sec. 20225. Categorical exclusion for electric utility lines rights-of-way. 

Sec. 20226. Staffing plans. 
4 

•HR 1 EH

TITLE III—PERMITTING FOR MINING NEEDS 

Sec. 20301. Definitions. 

Sec. 20302. Minerals supply chain and reliability. 

Sec. 20303. Federal register process improvement. 

Sec. 20304. Designation of mining as a covered sector for Federal permitting 

improvement purposes. 

Sec. 20305. Treatment of actions under presidential determination 2022–11 for 

Federal permitting improvement purposes. 

Sec. 20306. Notice for mineral exploration activities with limited surface disturbance. 

Sec. 20307. Use of mining claims for ancillary activities. 

Sec. 20308. Ensuring consideration of uranium as a critical mineral. 

Sec. 20309. Barring foreign bad actors from operating on Federal lands. 

Sec. 20310. Permit process for projects relating to extraction, recovery, or 

processing of critical materials. 

Sec. 20311. National strategy to re-shore mineral supply chains. 

TITLE IV—FEDERAL LAND USE PLANNING 

Sec. 20401. Federal land use planning and withdrawals. 

Sec. 20402. Prohibitions on delay of mineral development of certain Federal 

land. 

Sec. 20403. Definitions. 

TITLE V—ENSURING COMPETITIVENESS ON FEDERAL LANDS 

Sec. 20501. Incentivizing domestic production. 

TITLE VI—ENERGY REVENUE SHARING 

Sec. 20601. Gulf of Mexico Outer Continental Shelf revenue. 

Sec. 20602. Parity in offshore wind revenue sharing. 

Sec. 20603. Elimination of administrative fee under the Mineral Leasing Act. 

Sec. 20604. Sunset. 

DIVISION C—WATER QUALITY CERTIFICATION AND ENERGY 

PROJECT IMPROVEMENT 

Sec. 30001. Short title; table of contents. 

Sec. 30002. Certification. 

Sec. 30003. Federal general permits. 

1 DIVISION A—INCREASING AMER2 ICAN ENERGY PRODUCTION, 

3 EXPORTS, INFRASTRUCTURE, 

4 AND CRITICAL MINERALS 

5 PROCESSING 

DIVISION A—INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS, INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING 

Sec. 10001. Securing America’s critical minerals supply. 
5 

•HR 1 EH

Sec. 10002. Protecting American energy production. 

Sec. 10003. Researching Efficient Federal Improvements for Necessary Energy 

Refining. 

Sec. 10004. Promoting cross-border energy infrastructure. 

Sec. 10005. Sense of Congress expressing disapproval of the revocation of the 

Presidential permit for the Keystone XL pipeline. 

Sec. 10006. Sense of Congress opposing restrictions on the export of crude oil 

or other petroleum products. 

Sec. 10007. Sense of Congress expressing disapproval of the denial of Jordan 

Cove permits. 

Sec. 10008. Unlocking our domestic LNG potential. 

Sec. 10009. Promoting interagency coordination for review of natural gas pipelines. 

Sec. 10010. Interim hazardous waste permits for critical energy resource facilities. 

Sec. 10011. Flexible air permits for critical energy resource facilities. 

Sec. 10012. National security or energy security waivers to produce critical energy resources. 

Sec. 10013. Ending future delays in chemical substance review for critical energy resources. 

Sec. 10014. Natural gas tax repeal. 

Sec. 10015. Repeal of greenhouse gas reduction fund. 

Sec. 10016. Keeping America’s refineries operating. 

Sec. 10017. Homeowner energy freedom. 

Sec. 10018. Study. 

Sec. 10019. State primary enforcement responsibility. 

Sec. 10020. Use of index-based pricing in acquisition of petroleum products for 

the SPR. 

Sec. 10021. Prohibition on certain exports. 

Sec. 10022. Sense of Congress expressing disapproval of the proposed tax hikes 

on the oil and natural gas industry in the President’s fiscal 

year 2024 budget request. 

Sec. 10023. Domestic Energy Independence report. 

Sec. 10024. GAO study. 

Sec. 10025. Gas kitchen ranges and ovens. 

1 SEC. 10001. SECURING AMERICA’S CRITICAL MINERALS 

2 SUPPLY. 

3 (a) AMENDMENT TO THE DEPARTMENT OF ENERGY

4 ORGANIZATION ACT.—The Department of Energy Orga5 nization Act (42 U.S.C. 7101 et seq.) is amended— 

6 (1) in section 2, by adding at the end the fol7 lowing: 
6 

•HR 1 EH

1 ‘‘(d) As used in sections 102(20) and 203(a)(12), the 

2 term ‘critical energy resource’ means any energy re3 source— 

4 ‘‘(1) that is essential to the energy sector and 

5 energy systems of the United States; and 

6 ‘‘(2) the supply chain of which is vulnerable to 

7 disruption.’’; 

8 (2) in section 102, by adding at the end the fol9 lowing: 

10 ‘‘(20) To ensure there is an adequate and reli11 able supply of critical energy resources that are es12 sential to the energy security of the United States.’’; 

13 and 

14 (3) in section 203(a), by adding at the end the 

15 following: 

16 ‘‘(12) Functions that relate to securing the sup17 ply of critical energy resources, including identifying 

18 and mitigating the effects of a disruption of such 

19 supply on— 

20 ‘‘(A) the development and use of energy 

21 technologies; and 

22 ‘‘(B) the operation of energy systems.’’. 

23 (b) SECURING CRITICAL ENERGY RESOURCE SUPPLY

24 CHAINS.— 
7 

•HR 1 EH

1 (1) IN GENERAL.—In carrying out the require2 ments of the Department of Energy Organization 

3 Act (42 U.S.C. 7101 et seq.), the Secretary of En4 ergy, in consultation with the appropriate Federal 

5 agencies, representatives of the energy sector, 

6 States, and other stakeholders, shall— 

7 (A) conduct ongoing assessments of— 

8 (i) energy resource criticality based on 

9 the importance of critical energy resources 

10 to the development of energy technologies 

11 and the supply of energy; 

12 (ii) the critical energy resource supply 

13 chain of the United States; 

14 (iii) the vulnerability of such supply 

15 chain; and 

16 (iv) how the energy security of the 

17 United States is affected by the reliance of 

18 the United States on importation of critical 

19 energy resources; 

20 (B) facilitate development of strategies to 

21 strengthen critical energy resource supply 

22 chains in the United States, including by— 

23 (i) diversifying the sources of the sup24 ply of critical energy resources; and 
8 

•HR 1 EH

1 (ii) increasing domestic production, 

2 separation, and processing of critical en3 ergy resources; 

4 (C) develop substitutes and alternatives to 

5 critical energy resources; and 

6 (D) improve technology that reuses and re7 cycles critical energy resources. 

8 (2) REPORT.—Not later than 1 year after the 

9 date of enactment of this Act, and annually there10 after, the Secretary of Energy shall submit to Con11 gress a report containing— 

12 (A) the results of the ongoing assessments 

13 conducted under paragraph (1)(A); 

14 (B) a description of any actions taken pur15 suant to the Department of Energy Organiza16 tion Act to mitigate potential effects of critical 

17 energy resource supply chain disruptions on en18 ergy technologies or the operation of energy 

19 systems; and 

20 (C) any recommendations relating to 

21 strengthening critical energy resource supply 

22 chains that are essential to the energy security 

23 of the United States. 

24 (3) CRITICAL ENERGY RESOURCE DEFINED.— 

25 In this section, the term ‘‘critical energy resource’’ 
9 

•HR 1 EH

1 has the meaning given such term in section 2 of the 

2 Department of Energy Organization Act (42 U.S.C. 

3 7101). 

4 SEC. 10002. PROTECTING AMERICAN ENERGY PRODUCTION. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that States should maintain primacy for the regula7 tion of hydraulic fracturing for oil and natural gas produc8 tion on State and private lands. 

9 (b) PROHIBITION ON DECLARATION OF A MORATO10 RIUM ON HYDRAULIC FRACTURING.—Notwithstanding 

11 any other provision of law, the President may not declare 

12 a moratorium on the use of hydraulic fracturing unless 

13 such moratorium is authorized by an Act of Congress. 

14 SEC. 10003. RESEARCHING EFFICIENT FEDERAL IMPROVE15 MENTS FOR NECESSARY ENERGY REFINING. 

16 Not later than 90 days after the date of enactment 

17 of this section, the Secretary of Energy shall direct the 

18 National Petroleum Council to— 

19 (1) submit to the Secretary of Energy and Con20 gress a report containing— 

21 (A) an examination of the role of petro22 chemical refineries located in the United States 

23 and the contributions of such petrochemical re24 fineries to the energy security of the United 

25 States, including the reliability of supply in the 
10 

•HR 1 EH

1 United States of liquid fuels and feedstocks, 

2 and the affordability of liquid fuels for con3 sumers in the United States; 

4 (B) analyses and projections with respect 

5 to— 

6 (i) the capacity of petrochemical refin7 eries located in the United States; 

8 (ii) opportunities for expanding such 

9 capacity; and 

10 (iii) the risks to petrochemical refin11 eries located in the United States; 

12 (C) an assessment of any Federal or State 

13 executive actions, regulations, or policies that 

14 have caused or contributed to a decline in the 

15 capacity of petrochemical refineries located in 

16 the United States; and 

17 (D) any recommendations for Federal 

18 agencies and Congress to encourage an increase 

19 in the capacity of petrochemical refineries lo20 cated in the United States; and 

21 (2) make publicly available the report submitted 

22 under paragraph (1). 
11 

•HR 1 EH

1 SEC. 10004. PROMOTING CROSS-BORDER ENERGY INFRA2 STRUCTURE. 

3 (a) AUTHORIZATION OF CERTAIN ENERGY INFRA4 STRUCTURE PROJECTS AT AN INTERNATIONAL BOUND5 ARY OF THE UNITED STATES.— 

6 (1) AUTHORIZATION.—Except as provided in 

7 paragraph (3) and subsection (d), no person may 

8 construct, connect, operate, or maintain a border9 crossing facility for the import or export of oil or 

10 natural gas, or the transmission of electricity, across 

11 an international border of the United States without 

12 obtaining a certificate of crossing for the border13 crossing facility under this subsection. 

14 (2) CERTIFICATE OF CROSSING.— 

15 (A) REQUIREMENT.—Not later than 120 

16 days after final action is taken, by the relevant 

17 official or agency identified under subparagraph 

18 (B), under the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.) with re20 spect to a border-crossing facility for which a 

21 person requests a certificate of crossing under 

22 this subsection, the relevant official or agency, 

23 in consultation with appropriate Federal agen24 cies, shall issue a certificate of crossing for the 

25 border-crossing facility unless the relevant offi26 cial or agency finds that the construction, con-
12 

•HR 1 EH

1 nection, operation, or maintenance of the bor2 der-crossing facility is not in the public interest 

3 of the United States. 

4 (B) RELEVANT OFFICIAL OR AGENCY.— 

5 The relevant official or agency referred to in 

6 subparagraph (A) is— 

7 (i) the Federal Energy Regulatory 

8 Commission with respect to border-cross9 ing facilities consisting of oil or natural 

10 gas pipelines; and 

11 (ii) the Secretary of Energy with re12 spect to border-crossing facilities consisting 

13 of electric transmission facilities. 

14 (C) ADDITIONAL REQUIREMENT FOR

15 ELECTRIC TRANSMISSION FACILITIES.—In the 

16 case of a request for a certificate of crossing for 

17 a border-crossing facility consisting of an elec18 tric transmission facility, the Secretary of En19 ergy shall require, as a condition of issuing the 

20 certificate of crossing under subparagraph (A), 

21 that the border-crossing facility be constructed, 

22 connected, operated, or maintained consistent 

23 with all applicable policies and standards of— 

24 (i) the Electric Reliability Organiza25 tion and the applicable regional entity; and 
13 

•HR 1 EH

1 (ii) any Regional Transmission Orga2 nization or Independent System Operator 

3 with operational or functional control over 

4 the border-crossing facility. 

5 (3) EXCLUSIONS.—This subsection shall not 

6 apply to any construction, connection, operation, or 

7 maintenance of a border-crossing facility for the im8 port or export of oil or natural gas, or the trans9 mission of electricity— 

10 (A) if the border-crossing facility is oper11 ating for such import, export, or transmission 

12 as of the date of enactment of this Act; 

13 (B) if a Presidential permit (or similar 

14 permit) for the construction, connection, oper15 ation, or maintenance has been issued pursuant 

16 to any provision of law or Executive order; or 

17 (C) if an application for a Presidential per18 mit (or similar permit) for the construction, 

19 connection, operation, or maintenance is pend20 ing on the date of enactment of this Act, until 

21 the earlier of— 

22 (i) the date on which such application 

23 is denied; or 
14 

•HR 1 EH

1 (ii) two years after the date of enact2 ment of this Act, if such a permit has not 

3 been issued by such date of enactment. 

4 (4) EFFECT OF OTHER LAWS.— 

5 (A) APPLICATION TO PROJECTS.—Nothing 

6 in this subsection or subsection (d) shall affect 

7 the application of any other Federal statute to 

8 a project for which a certificate of crossing for 

9 a border-crossing facility is requested under 

10 this subsection. 

11 (B) NATURAL GAS ACT.—Nothing in this 

12 subsection or subsection (d) shall affect the re13 quirement to obtain approval or authorization 

14 under sections 3 and 7 of the Natural Gas Act 

15 for the siting, construction, or operation of any 

16 facility to import or export natural gas. 

17 (C) OIL PIPELINES.—Nothing in this sub18 section or subsection (d) shall affect the author19 ity of the Federal Energy Regulatory Commis20 sion with respect to oil pipelines under section 

21 60502 of title 49, United States Code. 

22 (b) TRANSMISSION OF ELECTRIC ENERGY TO CAN23 ADA AND MEXICO.— 
15 

•HR 1 EH

1 (1) REPEAL OF REQUIREMENT TO SECURE

2 ORDER.—Section 202(e) of the Federal Power Act 

3 (16 U.S.C. 824a(e)) is repealed. 

4 (2) CONFORMING AMENDMENTS.— 

5 (A) STATE REGULATIONS.—Section 202(f) 

6 of the Federal Power Act (16 U.S.C. 824a(f)) 

7 is amended by striking ‘‘insofar as such State 

8 regulation does not conflict with the exercise of 

9 the Commission’s powers under or relating to 

10 subsection 202(e)’’. 

11 (B) SEASONAL DIVERSITY ELECTRICITY

12 EXCHANGE.—Section 602(b) of the Public Util13 ity Regulatory Policies Act of 1978 (16 U.S.C. 

14 824a–4(b)) is amended by striking ‘‘the Com15 mission has conducted hearings and made the 

16 findings required under section 202(e) of the 

17 Federal Power Act’’ and all that follows 

18 through the period at the end and inserting 

19 ‘‘the Secretary has conducted hearings and 

20 finds that the proposed transmission facilities 

21 would not impair the sufficiency of electric sup22 ply within the United States or would not im23 pede or tend to impede the coordination in the 

24 public interest of facilities subject to the juris25 diction of the Secretary.’’. 
16 

•HR 1 EH

1 (c) NO PRESIDENTIAL PERMIT REQUIRED.—No 

2 Presidential permit (or similar permit) shall be required 

3 pursuant to any provision of law or Executive order for 

4 the construction, connection, operation, or maintenance of 

5 an oil or natural gas pipeline or electric transmission facil6 ity, or any border-crossing facility thereof. 

7 (d) MODIFICATIONS TO EXISTING PROJECTS.—No 

8 certificate of crossing under subsection (a), or Presidential 

9 permit (or similar permit), shall be required for a modi10 fication to— 

11 (1) an oil or natural gas pipeline or electric 

12 transmission facility that is operating for the import 

13 or export of oil or natural gas or the transmission 

14 of electricity as of the date of enactment of this Act; 

15 (2) an oil or natural gas pipeline or electric 

16 transmission facility for which a Presidential permit 

17 (or similar permit) has been issued pursuant to any 

18 provision of law or Executive order; or 

19 (3) a border-crossing facility for which a certifi20 cate of crossing has previously been issued under 

21 subsection (a). 

22 (e) PROHIBITION ON REVOCATION OF PRESIDENTIAL

23 PERMITS.—Notwithstanding any other provision of law, 

24 the President may not revoke a Presidential permit (or 

25 similar permit) issued pursuant to Executive Order No. 
17 

•HR 1 EH

1 13337 (3 U.S.C. 301 note), Executive Order No. 11423 

2 (3 U.S.C. 301 note), Executive Order No. 12038 (43 Fed. 

3 Reg. 4957), Executive Order No. 10485 (18 Fed. Reg. 

4 5397), or any other Executive order for the construction, 

5 connection, operation, or maintenance of an oil or natural 

6 gas pipeline or electric transmission facility, or any bor7 der-crossing facility thereof, unless such revocation is au8 thorized by an Act of Congress. 

9 (f) EFFECTIVE DATE; RULEMAKING DEADLINES.— 

10 (1) EFFECTIVE DATE.—Subsections (a) 

11 through (d), and the amendments made by such 

12 subsections, shall take effect on the date that is 1 

13 year after the date of enactment of this Act. 

14 (2) RULEMAKING DEADLINES.—Each relevant 

15 official or agency described in subsection (a)(2)(B) 

16 shall— 

17 (A) not later than 180 days after the date 

18 of enactment of this Act, publish in the Federal 

19 Register notice of a proposed rulemaking to 

20 carry out the applicable requirements of sub21 section (a); and 

22 (B) not later than 1 year after the date of 

23 enactment of this Act, publish in the Federal 

24 Register a final rule to carry out the applicable 

25 requirements of subsection (a). 
18 

•HR 1 EH

1 (g) DEFINITIONS.—In this section: 

2 (1) BORDER-CROSSING FACILITY.—The term 

3 ‘‘border-crossing facility’’ means the portion of an oil 

4 or natural gas pipeline or electric transmission facil5 ity that is located at an international boundary of 

6 the United States. 

7 (2) MODIFICATION.—The term ‘‘modification’’ 

8 includes a reversal of flow direction, change in own9 ership, change in flow volume, addition or removal 

10 of an interconnection, or an adjustment to maintain 

11 flow (such as a reduction or increase in the number 

12 of pump or compressor stations). 

13 (3) NATURAL GAS.—The term ‘‘natural gas’’ 

14 has the meaning given that term in section 2 of the 

15 Natural Gas Act (15 U.S.C. 717a). 

16 (4) OIL.—The term ‘‘oil’’ means petroleum or 

17 a petroleum product. 

18 (5) ELECTRIC RELIABILITY ORGANIZATION; RE19 GIONAL ENTITY.—The terms ‘‘Electric Reliability 

20 Organization’’ and ‘‘regional entity’’ have the mean21 ings given those terms in section 215 of the Federal 

22 Power Act (16 U.S.C. 824o). 

23 (6) INDEPENDENT SYSTEM OPERATOR; RE24 GIONAL TRANSMISSION ORGANIZATION.—The terms 

25 ‘‘Independent System Operator’’ and ‘‘Regional 
19 

•HR 1 EH

1 Transmission Organization’’ have the meanings 

2 given those terms in section 3 of the Federal Power 

3 Act (16 U.S.C. 796). 

4 SEC. 10005. SENSE OF CONGRESS EXPRESSING DIS5 APPROVAL OF THE REVOCATION OF THE 

6 PRESIDENTIAL PERMIT FOR THE KEYSTONE 

7 XL PIPELINE. 

8 (a) FINDINGS.—Congress finds the following: 

9 (1) On March 29, 2019, TransCanada Key10 stone Pipeline, L.P., was granted a Presidential per11 mit to construct, connect, operate, and maintain the 

12 Keystone XL pipeline. 

13 (2) On January 20, 2021, President Biden 

14 issued Executive Order No. 13990 (86 Fed. Reg. 

15 7037) that revoked the March 2019 Presidential 

16 permit for the Keystone XL. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that Congress disapproves of the revocation by 

19 President Biden of the Presidential permit for the Key20 stone XL pipeline. 

21 SEC. 10006. SENSE OF CONGRESS OPPOSING RESTRICTIONS 

22 ON THE EXPORT OF CRUDE OIL OR OTHER 

23 PETROLEUM PRODUCTS. 

24 (a) FINDINGS.—Congress finds the following: 
20 

•HR 1 EH

1 (1) The United States has enjoyed a renais2 sance in energy production, with the expansion of 

3 domestic crude oil and other petroleum product pro4 duction contributing to enhanced energy security 

5 and significant economic benefits to the national 

6 economy. 

7 (2) In 2015, Congress recognized the need to 

8 adapt to changing crude oil market conditions and 

9 repealed all restrictions on the export of crude oil on 

10 a bipartisan basis. 

11 (3) Section 101 of title I of division O of the 

12 Consolidated Appropriations Act, 2016 (42 U.S.C. 

13 6212a) established the national policy on oil export 

14 restriction, prohibiting any official of the Federal 

15 Government from imposing or enforcing any restric16 tions on the export of crude oil with limited excep17 tions, including a savings clause maintaining the au18 thority to prohibit exports under any provision of 

19 law that imposes sanctions on a foreign person or 

20 foreign government (including any provision of law 

21 that prohibits or restricts United States persons 

22 from engaging in a transaction with a sanctioned 

23 person or government), including a foreign govern24 ment that is designated as a state sponsor of ter25 rorism. 
21 

•HR 1 EH

1 (4) Lifting the restrictions on crude oil exports 

2 encouraged additional domestic energy production, 

3 created American jobs and economic development, 

4 and allowed the United States to emerge as the lead5 ing oil producer in the world. 

6 (5) In 2019, the United States became a net 

7 exporter of petroleum products for the first time 

8 since 1952, and the reliance of the United States on 

9 foreign imports of petroleum products has declined 

10 to historic lows. 

11 (6) Free trade, open markets, and competition 

12 have contributed to the rise of the United States as 

13 a global energy superpower. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that the Federal Government should not impose— 

16 (1) overly restrictive regulations on the explo17 ration, production, or marketing of energy resources; 

18 or 

19 (2) any restrictions on the export of crude oil 

20 or other petroleum products under the Energy Pol21 icy and Conservation Act (42 U.S.C. 6201 et seq.), 

22 except with respect to the export of crude oil or 

23 other petroleum products to a foreign person or for24 eign government subject to sanctions under any pro25 vision of United States law, including to a country 
22 

•HR 1 EH

1 the government of which is designated as a state 

2 sponsor of terrorism. 

3 SEC. 10007. SENSE OF CONGRESS EXPRESSING DIS4 APPROVAL OF THE DENIAL OF JORDAN COVE 

5 PERMITS. 

6 (a) FINDINGS.—Congress finds the following: 

7 (1) On March 19, 2020, the Federal Energy 

8 Regulatory Commission granted two Federal permits 

9 to Jordan Cove Energy Project, L.P., to site, con10 struct, and operate a new liquefied natural gas ex11 port terminal in Coos County, Oregon. 

12 (2) On the same day, the Federal Energy Regu13 latory Commission issued a certificate of public con14 venience and necessity to Pacific Connector Gas 

15 Pipeline, L.P., to construct and operate the proposed 

16 Pacific Connector Pipeline in the counties of Klam17 ath, Jackson, Douglas, and Coos of Oregon. 

18 (3) The State of Oregon denied the permits and 

19 the certificate necessary for these projects. 

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that Congress disapproves of the denial of these per22 mits by the State of Oregon. 

23 SEC. 10008. UNLOCKING OUR DOMESTIC LNG POTENTIAL. 

24 Section 3 of the Natural Gas Act (15 U.S.C. 717b) 

25 is amended— 
23 

•HR 1 EH

1 (1) by striking subsections (a) through (c); 

2 (2) by redesignating subsections (e) and (f) as 

3 subsections (a) and (b), respectively; 

4 (3) by redesignating subsection (d) as sub5 section (c), and moving such subsection after sub6 section (b), as so redesignated; 

7 (4) in subsection (a), as so redesignated, by 

8 amending paragraph (1) to read as follows: ‘‘(1) The 

9 Federal Energy Regulatory Commission (in this sub10 section referred to as the ‘Commission’) shall have 

11 the exclusive authority to approve or deny an appli12 cation for authorization for the siting, construction, 

13 expansion, or operation of a facility to export nat14 ural gas from the United States to a foreign country 

15 or import natural gas from a foreign country, in16 cluding an LNG terminal. In determining whether to 

17 approve or deny an application under this para18 graph, the Commission shall deem the exportation or 

19 importation of natural gas to be consistent with the 

20 public interest. Except as specifically provided in 

21 this Act, nothing in this Act is intended to affect 

22 otherwise applicable law related to any Federal 

23 agency’s authorities or responsibilities related to fa24 cilities to import or export natural gas, including 

25 LNG terminals.’’; and 
24 

•HR 1 EH

1 (5) by adding at the end the following new sub2 section: 

3 ‘‘(d)(1) Nothing in this Act limits the authority of 

4 the President under the Constitution, the International 

5 Emergency Economic Powers Act (50 U.S.C. 1701 et 

6 seq.), the National Emergencies Act (50 U.S.C. 1601 et 

7 seq.), part B of title II of the Energy Policy and Conserva8 tion Act (42 U.S.C. 6271 et seq.), the Trading With the 

9 Enemy Act (50 U.S.C. 4301 et seq.), or any other provi10 sion of law that imposes sanctions on a foreign person or 

11 foreign government (including any provision of law that 

12 prohibits or restricts United States persons from engaging 

13 in a transaction with a sanctioned person or government), 

14 including a country that is designated as a state sponsor 

15 of terrorism, to prohibit imports or exports. 

16 ‘‘(2) In this subsection, the term ‘state sponsor of ter17 rorism’ means a country the government of which the Sec18 retary of State determines has repeatedly provided sup19 port for international terrorism pursuant to— 

20 ‘‘(A) section 1754(c)(1)(A) of the Export Con21 trol Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); 

22 ‘‘(B) section 620A of the Foreign Assistance 

23 Act of 1961 (22 U.S.C. 2371); 

24 ‘‘(C) section 40 of the Arms Export Control Act 

25 (22 U.S.C. 2780); or 
25 

•HR 1 EH

1 ‘‘(D) any other provision of law.’’. 

2 SEC. 10009. PROMOTING INTERAGENCY COORDINATION 

3 FOR REVIEW OF NATURAL GAS PIPELINES. 

4 (a) DEFINITIONS.—In this section: 

5 (1) COMMISSION.—The term ‘‘Commission’’ 

6 means the Federal Energy Regulatory Commission. 

7 (2) FEDERAL AUTHORIZATION.—The term 

8 ‘‘Federal authorization’’ has the meaning given that 

9 term in section 15(a) of the Natural Gas Act (15 

10 U.S.C. 717n(a)). 

11 (3) NEPA REVIEW.—The term ‘‘NEPA review’’ 

12 means the process of reviewing a proposed Federal 

13 action under section 102 of the National Environ14 mental Policy Act of 1969 (42 U.S.C. 4332). 

15 (4) PROJECT-RELATED NEPA REVIEW.—The 

16 term ‘‘project-related NEPA review’’ means any 

17 NEPA review required to be conducted with respect 

18 to the issuance of an authorization under section 3 

19 of the Natural Gas Act or a certificate of public con20 venience and necessity under section 7 of such Act. 

21 (b) COMMISSION NEPA REVIEW RESPONSIBIL22 ITIES.—In acting as the lead agency under section 

23 15(b)(1) of the Natural Gas Act for the purposes of com24 plying with the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4321 et seq.) with respect to an author-
26 

•HR 1 EH

1 ization under section 3 of the Natural Gas Act or a certifi2 cate of public convenience and necessity under section 7 

3 of such Act, the Commission shall, in accordance with this 

4 section and other applicable Federal law— 

5 (1) be the only lead agency; 

6 (2) coordinate as early as practicable with each 

7 agency designated as a participating agency under 

8 subsection (d)(3) to ensure that the Commission de9 velops information in conducting its project-related 

10 NEPA review that is usable by the participating 

11 agency in considering an aspect of an application for 

12 a Federal authorization for which the agency is re13 sponsible; and 

14 (3) take such actions as are necessary and 

15 proper to facilitate the expeditious resolution of its 

16 project-related NEPA review. 

17 (c) DEFERENCE TO COMMISSION.—In making a deci18 sion with respect to a Federal authorization required with 

19 respect to an application for authorization under section 

20 3 of the Natural Gas Act or a certificate of public conven21 ience and necessity under section 7 of such Act, each agen22 cy shall give deference, to the maximum extent authorized 

23 by law, to the scope of the project-related NEPA review 

24 that the Commission determines to be appropriate. 

25 (d) PARTICIPATING AGENCIES.— 
27 

•HR 1 EH

1 (1) IDENTIFICATION.—The Commission shall 

2 identify, not later than 30 days after the Commis3 sion receives an application for an authorization 

4 under section 3 of the Natural Gas Act or a certifi5 cate of public convenience and necessity under sec6 tion 7 of such Act, any Federal or State agency, 

7 local government, or Indian Tribe that may issue a 

8 Federal authorization or is required by Federal law 

9 to consult with the Commission in conjunction with 

10 the issuance of a Federal authorization required for 

11 such authorization or certificate. 

12 (2) INVITATION.— 

13 (A) IN GENERAL.—Not later than 45 days 

14 after the Commission receives an application for 

15 an authorization under section 3 of the Natural 

16 Gas Act or a certificate of public convenience 

17 and necessity under section 7 of such Act, the 

18 Commission shall invite any agency identified 

19 under paragraph (1) to participate in the review 

20 process for the applicable Federal authorization. 

21 (B) DEADLINE.—An invitation issued 

22 under subparagraph (A) shall establish a dead23 line by which a response to the invitation shall 

24 be submitted to the Commission, which may be 

25 extended by the Commission for good cause. 
28 

•HR 1 EH

1 (3) DESIGNATION AS PARTICIPATING AGEN2 CIES.—Not later than 60 days after the Commission 

3 receives an application for an authorization under 

4 section 3 of the Natural Gas Act or a certificate of 

5 public convenience and necessity under section 7 of 

6 such Act, the Commission shall designate an agency 

7 identified under paragraph (1) as a participating 

8 agency with respect to an application for authoriza9 tion under section 3 of the Natural Gas Act or a 

10 certificate of public convenience and necessity under 

11 section 7 of such Act unless the agency informs the 

12 Commission, in writing, by the deadline established 

13 pursuant to paragraph (2)(B), that the agency— 

14 (A) has no jurisdiction or authority with 

15 respect to the applicable Federal authorization; 

16 (B) has no special expertise or information 

17 relevant to any project-related NEPA review; or 

18 (C) does not intend to submit comments 

19 for the record for the project-related NEPA re20 view conducted by the Commission. 

21 (4) EFFECT OF NON-DESIGNATION.— 

22 (A) EFFECT ON AGENCY.—Any agency 

23 that is not designated as a participating agency 

24 under paragraph (3) with respect to an applica25 tion for an authorization under section 3 of the 
29 

•HR 1 EH

1 Natural Gas Act or a certificate of public con2 venience and necessity under section 7 of such 

3 Act may not request or conduct a NEPA review 

4 that is supplemental to the project-related 

5 NEPA review conducted by the Commission, 

6 unless the agency— 

7 (i) demonstrates that such review is 

8 legally necessary for the agency to carry 

9 out responsibilities in considering an as10 pect of an application for a Federal au11 thorization; and 

12 (ii) requires information that could 

13 not have been obtained during the project14 related NEPA review conducted by the 

15 Commission. 

16 (B) COMMENTS; RECORD.—The Commis17 sion shall not, with respect to an agency that is 

18 not designated as a participating agency under 

19 paragraph (3) with respect to an application for 

20 an authorization under section 3 of the Natural 

21 Gas Act or a certificate of public convenience 

22 and necessity under section 7 of such Act— 

23 (i) consider any comments or other in24 formation submitted by such agency for 
30 

•HR 1 EH

1 the project-related NEPA review conducted 

2 by the Commission; or 

3 (ii) include any such comments or 

4 other information in the record for such 

5 project-related NEPA review. 

6 (e) WATER QUALITY IMPACTS.— 

7 (1) IN GENERAL.—Notwithstanding section 401 

8 of the Federal Water Pollution Control Act (33 

9 U.S.C. 1341), an applicant for a Federal authoriza10 tion shall not be required to provide a certification 

11 under such section with respect to the Federal au12 thorization. 

13 (2) COORDINATION.—With respect to any 

14 NEPA review for a Federal authorization to conduct 

15 an activity that will directly result in a discharge 

16 into the navigable waters (within the meaning of the 

17 Federal Water Pollution Control Act), the Commis18 sion shall identify as an agency under subsection 

19 (d)(1) the State in which the discharge originates or 

20 will originate, or, if appropriate, the interstate water 

21 pollution control agency having jurisdiction over the 

22 navigable waters at the point where the discharge 

23 originates or will originate. 

24 (3) PROPOSED CONDITIONS.—A State or inter25 state agency designated as a participating agency 
31 

•HR 1 EH

1 pursuant to paragraph (2) may propose to the Com2 mission terms or conditions for inclusion in an au3 thorization under section 3 of the Natural Gas Act 

4 or a certificate of public convenience and necessity 

5 under section 7 of such Act that the State or inter6 state agency determines are necessary to ensure that 

7 any activity described in paragraph (2) conducted 

8 pursuant to such authorization or certification will 

9 comply with the applicable provisions of sections 

10 301, 302, 303, 306, and 307 of the Federal Water 

11 Pollution Control Act. 

12 (4) COMMISSION CONSIDERATION OF CONDI13 TIONS.—The Commission may include a term or 

14 condition in an authorization under section 3 of the 

15 Natural Gas Act or a certificate of public conven16 ience and necessity under section 7 of such Act pro17 posed by a State or interstate agency under para18 graph (3) only if the Commission finds that the term 

19 or condition is necessary to ensure that any activity 

20 described in paragraph (2) conducted pursuant to 

21 such authorization or certification will comply with 

22 the applicable provisions of sections 301, 302, 303, 

23 306, and 307 of the Federal Water Pollution Con24 trol Act. 

25 (f) SCHEDULE.— 
32 

•HR 1 EH

1 (1) DEADLINE FOR FEDERAL AUTHORIZA2 TIONS.—A deadline for a Federal authorization re3 quired with respect to an application for authoriza4 tion under section 3 of the Natural Gas Act or a 

5 certificate of public convenience and necessity under 

6 section 7 of such Act set by the Commission under 

7 section 15(c)(1) of such Act shall be not later than 

8 90 days after the Commission completes its project9 related NEPA review, unless an applicable schedule 

10 is otherwise established by Federal law. 

11 (2) CONCURRENT REVIEWS.—Each Federal and 

12 State agency— 

13 (A) that may consider an application for a 

14 Federal authorization required with respect to 

15 an application for authorization under section 3 

16 of the Natural Gas Act or a certificate of public 

17 convenience and necessity under section 7 of 

18 such Act shall formulate and implement a plan 

19 for administrative, policy, and procedural mech20 anisms to enable the agency to ensure comple21 tion of Federal authorizations in compliance 

22 with schedules established by the Commission 

23 under section 15(c)(1) of such Act; and 

24 (B) in considering an aspect of an applica25 tion for a Federal authorization required with 
33 

•HR 1 EH

1 respect to an application for authorization 

2 under section 3 of the Natural Gas Act or a 

3 certificate of public convenience and necessity 

4 under section 7 of such Act, shall— 

5 (i) formulate and implement a plan to 

6 enable the agency to comply with the 

7 schedule established by the Commission 

8 under section 15(c)(1) of such Act; 

9 (ii) carry out the obligations of that 

10 agency under applicable law concurrently, 

11 and in conjunction with, the project-related 

12 NEPA review conducted by the Commis13 sion, and in compliance with the schedule 

14 established by the Commission under sec15 tion 15(c)(1) of such Act, unless the agen16 cy notifies the Commission in writing that 

17 doing so would impair the ability of the 

18 agency to conduct needed analysis or oth19 erwise carry out such obligations; 

20 (iii) transmit to the Commission a 

21 statement— 

22 (I) acknowledging receipt of the 

23 schedule established by the Commis24 sion under section 15(c)(1) of the 

25 Natural Gas Act; and 
34 

•HR 1 EH

1 (II) setting forth the plan formu2 lated under clause (i) of this subpara3 graph; 

4 (iv) not later than 30 days after the 

5 agency receives such application for a Fed6 eral authorization, transmit to the appli7 cant a notice— 

8 (I) indicating whether such appli9 cation is ready for processing; and 

10 (II) if such application is not 

11 ready for processing, that includes a 

12 comprehensive description of the in13 formation needed for the agency to 

14 determine that the application is 

15 ready for processing; 

16 (v) determine that such application 

17 for a Federal authorization is ready for 

18 processing for purposes of clause (iv) if 

19 such application is sufficiently complete for 

20 the purposes of commencing consideration, 

21 regardless of whether supplemental infor22 mation is necessary to enable the agency to 

23 complete the consideration required by law 

24 with respect to such application; and 
35 

•HR 1 EH

1 (vi) not less often than once every 90 

2 days, transmit to the Commission a report 

3 describing the progress made in consid4 ering such application for a Federal au5 thorization. 

6 (3) FAILURE TO MEET DEADLINE.—If a Fed7 eral or State agency, including the Commission, fails 

8 to meet a deadline for a Federal authorization set 

9 forth in the schedule established by the Commission 

10 under section 15(c)(1) of the Natural Gas Act, not 

11 later than 5 days after such deadline, the head of 

12 the relevant Federal agency (including, in the case 

13 of a failure by a State agency, the Federal agency 

14 overseeing the delegated authority) shall notify Con15 gress and the Commission of such failure and set 

16 forth a recommended implementation plan to ensure 

17 completion of the action to which such deadline ap18 plied. 

19 (g) CONSIDERATION OF APPLICATIONS FOR FED20 ERAL AUTHORIZATION.— 

21 (1) ISSUE IDENTIFICATION AND RESOLU22 TION.— 

23 (A) IDENTIFICATION.—Federal and State 

24 agencies that may consider an aspect of an ap25 plication for a Federal authorization shall iden-
36 

•HR 1 EH

1 tify, as early as possible, any issues of concern 

2 that may delay or prevent an agency from 

3 working with the Commission to resolve such 

4 issues and granting such authorization. 

5 (B) ISSUE RESOLUTION.—The Commission 

6 may forward any issue of concern identified 

7 under subparagraph (A) to the heads of the rel8 evant agencies (including, in the case of an 

9 issue of concern that is a failure by a State 

10 agency, the Federal agency overseeing the dele11 gated authority, if applicable) for resolution. 

12 (2) REMOTE SURVEYS.—If a Federal or State 

13 agency considering an aspect of an application for a 

14 Federal authorization requires the person applying 

15 for such authorization to submit data, the agency 

16 shall consider any such data gathered by aerial or 

17 other remote means that the person submits. The 

18 agency may grant a conditional approval for the 

19 Federal authorization based on data gathered by 

20 aerial or remote means, conditioned on the 

21 verification of such data by subsequent onsite in22 spection. 

23 (3) APPLICATION PROCESSING.—The Commis24 sion, and Federal and State agencies, may allow a 

25 person applying for a Federal authorization to fund 
37 

•HR 1 EH

1 a third-party contractor to assist in reviewing the 

2 application for such authorization. 

3 (h) ACCOUNTABILITY, TRANSPARENCY, EFFI4 CIENCY.—For an application for an authorization under 

5 section 3 of the Natural Gas Act or a certificate of public 

6 convenience and necessity under section 7 of such Act that 

7 requires multiple Federal authorizations, the Commission, 

8 with input from any Federal or State agency considering 

9 an aspect of the application, shall track and make avail10 able to the public on the Commission’s website information 

11 related to the actions required to complete the Federal au12 thorizations. Such information shall include the following: 

13 (1) The schedule established by the Commission 

14 under section 15(c)(1) of the Natural Gas Act. 

15 (2) A list of all the actions required by each ap16 plicable agency to complete permitting, reviews, and 

17 other actions necessary to obtain a final decision on 

18 the application. 

19 (3) The expected completion date for each such 

20 action. 

21 (4) A point of contact at the agency responsible 

22 for each such action. 

23 (5) In the event that an action is still pending 

24 as of the expected date of completion, a brief expla25 nation of the reasons for the delay. 
38 

•HR 1 EH

1 (i) PIPELINE SECURITY.—In considering an applica2 tion for an authorization under section 3 of the Natural 

3 Gas Act or a certificate of public convenience and neces4 sity under section 7 of such Act, the Federal Energy Reg5 ulatory Commission shall consult with the Administrator 

6 of the Transportation Security Administration regarding 

7 the applicant’s compliance with security guidance and best 

8 practice recommendations of the Administration regarding 

9 pipeline infrastructure security, pipeline cybersecurity, 

10 pipeline personnel security, and other pipeline security 

11 measures. 

12 (j) WITHDRAWAL OF POLICY STATEMENTS.—The 

13 Federal Energy Regulatory Commission shall withdraw— 

14 (1) the updated policy statement titled ‘‘Certifi15 cation of New Interstate Natural Gas Facilities’’ 

16 published in the Federal Register on March 1, 2022 

17 (87 Fed. Reg. 11548); and 

18 (2) the interim policy statement titled ‘‘Consid19 eration of Greenhouse Gas Emissions in Natural 

20 Gas Infrastructure Project Reviews’’ published in 

21 the Federal Register on March 11, 2022 (87 Fed. 

22 Reg. 14104). 
39 

•HR 1 EH

1 SEC. 10010. INTERIM HAZARDOUS WASTE PERMITS FOR 

2 CRITICAL ENERGY RESOURCE FACILITIES. 

3 Section 3005(e) of the Solid Waste Disposal Act (42 

4 U.S.C. 6925(e)) is amended— 

5 (1) in paragraph (1)(A)— 

6 (A) in clause (i), by striking ‘‘or’’ at the 

7 end; 

8 (B) in clause (ii), by inserting ‘‘or’’ after 

9 ‘‘this section,’’; and 

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

11 ‘‘(iii) is a critical energy resource facility,’’; 

12 and 

13 (2) by adding at the end the following: 

14 ‘‘(4) DEFINITIONS.—For the purposes of this sub15 section: 

16 ‘‘(A) CRITICAL ENERGY RESOURCE.—The term 

17 ‘critical energy resource’ means, as determined by 

18 the Secretary of Energy, any energy resource— 

19 ‘‘(i) that is essential to the energy sector 

20 and energy systems of the United States; and 

21 ‘‘(ii) the supply chain of which is vulner22 able to disruption. 

23 ‘‘(B) CRITICAL ENERGY RESOURCE FACILITY.— 

24 The term ‘critical energy resource facility’ means a 

25 facility that processes or refines a critical energy re26 source.’’. 
40 

•HR 1 EH

1 SEC. 10011. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY 

2 RESOURCE FACILITIES. 

3 (a) IN GENERAL.—The Administrator of the Envi4 ronmental Protection Agency shall, as necessary, revise 

5 regulations under parts 70 and 71 of title 40, Code of 

6 Federal Regulations, to— 

7 (1) authorize the owner or operator of a critical 

8 energy resource facility to utilize flexible air permit9 ting (as described in the final rule titled ‘‘Operating 

10 Permit Programs; Flexible Air Permitting Rule’’ 

11 published by the Environmental Protection Agency 

12 in the Federal Register on October 6, 2009 (74 Fed. 

13 Reg. 51418)) with respect to such critical energy re14 source facility; and 

15 (2) facilitate flexible, market-responsive oper16 ations (as described in the final rule identified in 

17 paragraph (1)) with respect to critical energy re18 source facilities. 

19 (b) DEFINITIONS.—In this section: 

20 (1) CRITICAL ENERGY RESOURCE.—The term 

21 ‘‘critical energy resource’’ means, as determined by 

22 the Secretary of Energy, any energy resource— 

23 (A) that is essential to the energy sector 

24 and energy systems of the United States; and 

25 (B) the supply chain of which is vulnerable 

26 to disruption. 
41 

•HR 1 EH

1 (2) CRITICAL ENERGY RESOURCE FACILITY.— 

2 The term ‘‘critical energy resource facility’’ means a 

3 facility that processes or refines a critical energy re4 source. 

5 SEC. 10012. NATIONAL SECURITY OR ENERGY SECURITY 

6 WAIVERS TO PRODUCE CRITICAL ENERGY 

7 RESOURCES. 

8 (a) CLEAN AIR ACT REQUIREMENTS.— 

9 (1) IN GENERAL.—If the Administrator of the 

10 Environmental Protection Agency, in consultation 

11 with the Secretary of Energy, determines that, by 

12 reason of a sudden increase in demand for, or a 

13 shortage of, a critical energy resource, or another 

14 cause, the processing or refining of a critical energy 

15 resource at a critical energy resource facility is nec16 essary to meet the national security or energy secu17 rity needs of the United States, then the Adminis18 trator may, with or without notice, hearing, or other 

19 report, issue a temporary waiver of any requirement 

20 under the Clean Air Act (42 U.S.C. 7401 et seq.) 

21 with respect to such critical energy resource facility 

22 that, in the judgment of the Administrator, will 

23 allow for such processing or refining at such critical 

24 energy resource facility as necessary to best meet 

25 such needs and serve the public interest. 
42 

•HR 1 EH

1 (2) CONFLICT WITH OTHER ENVIRONMENTAL

2 LAWS.—The Administrator shall ensure that any 

3 waiver of a requirement under the Clean Air Act 

4 under this subsection, to the maximum extent prac5 ticable, does not result in a conflict with a require6 ment of any other applicable Federal, State, or local 

7 environmental law or regulation and minimizes any 

8 adverse environmental impacts. 

9 (3) VIOLATIONS OF OTHER ENVIRONMENTAL

10 LAWS.—To the extent any omission or action taken 

11 by a party under a waiver issued under this sub12 section is in conflict with any requirement of a Fed13 eral, State, or local environmental law or regulation, 

14 such omission or action shall not be considered a 

15 violation of such environmental law or regulation, or 

16 subject such party to any requirement, civil or crimi17 nal liability, or a citizen suit under such environ18 mental law or regulation. 

19 (4) EXPIRATION AND RENEWAL OF WAIVERS.— 

20 A waiver issued under this subsection shall expire 

21 not later than 90 days after it is issued. The Admin22 istrator may renew or reissue such waiver pursuant 

23 to paragraphs (1) and (2) for subsequent periods, 

24 not to exceed 90 days for each period, as the Admin25 istrator determines necessary to meet the national 
43 

•HR 1 EH

1 security or energy security needs described in para2 graph (1) and serve the public interest. In renewing 

3 or reissuing a waiver under this paragraph, the Ad4 ministrator shall include in any such renewed or re5 issued waiver such conditions as are necessary to 

6 minimize any adverse environmental impacts to the 

7 extent practicable. 

8 (5) SUBSEQUENT ACTION BY COURT.—If a 

9 waiver issued under this subsection is subsequently 

10 stayed, modified, or set aside by a court pursuant a 

11 provision of law, any omission or action previously 

12 taken by a party under the waiver while the waiver 

13 was in effect shall remain subject to paragraph (3). 

14 (6) CRITICAL ENERGY RESOURCE; CRITICAL EN15 ERGY RESOURCE FACILITY DEFINED.—The terms 

16 ‘‘critical energy resource’’ and ‘‘critical energy re17 source facility’’ have the meanings given such terms 

18 in section 3025(f) of the Solid Waste Disposal Act 

19 (as added by this section). 

20 (b) SOLID WASTE DISPOSAL ACT REQUIREMENTS.— 

21 (1) HAZARDOUS WASTE MANAGEMENT.—The 

22 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 

23 is amended by inserting after section 3024 the fol24 lowing: 
44 

•HR 1 EH

1 ‘‘SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE 

2 FACILITIES. 

3 ‘‘(a) IN GENERAL.—If the Administrator, in con4 sultation with the Secretary of Energy, determines that, 

5 by reason of a sudden increase in demand for, or a short6 age of, a critical energy resource, or another cause, the 

7 processing or refining of a critical energy resource at a 

8 critical energy resource facility is necessary to meet the 

9 national security or energy security needs of the United 

10 States, then the Administrator may, with or without no11 tice, hearing, or other report, issue a temporary waiver 

12 of any covered requirement with respect to such critical 

13 energy resource facility that, in the judgment of the Ad14 ministrator, will allow for such processing or refining at 

15 such critical energy resource facility as necessary to best 

16 meet such needs and serve the public interest. 

17 ‘‘(b) CONFLICT WITH OTHER ENVIRONMENTAL

18 LAWS.—The Administrator shall ensure that any waiver 

19 of a covered requirement under this section, to the max20 imum extent practicable, does not result in a conflict with 

21 a requirement of any other applicable Federal, State, or 

22 local environmental law or regulation and minimizes any 

23 adverse environmental impacts. 

24 ‘‘(c) VIOLATIONS OF OTHER ENVIRONMENTAL

25 LAWS.—To the extent any omission or action taken by 

26 a party under a waiver issued under this section is in con-
45 

•HR 1 EH

1 flict with any requirement of a Federal, State, or local 

2 environmental law or regulation, such omission or action 

3 shall not be considered a violation of such environmental 

4 law or regulation, or subject such party to any require5 ment, civil or criminal liability, or a citizen suit under such 

6 environmental law or regulation. 

7 ‘‘(d) EXPIRATION AND RENEWAL OF WAIVERS.—A 

8 waiver issued under this section shall expire not later than 

9 90 days after it is issued. The Administrator may renew 

10 or reissue such waiver pursuant to subsections (a) and (b) 

11 for subsequent periods, not to exceed 90 days for each pe12 riod, as the Administrator determines necessary to meet 

13 the national security or energy security needs described 

14 in subsection (a) and serve the public interest. In renewing 

15 or reissuing a waiver under this subsection, the Adminis16 trator shall include in any such renewed or reissued waiver 

17 such conditions as are necessary to minimize any adverse 

18 environmental impacts to the extent practicable. 

19 ‘‘(e) SUBSEQUENT ACTION BY COURT.—If a waiver 

20 issued under this section is subsequently stayed, modified, 

21 or set aside by a court pursuant a provision of law, any 

22 omission or action previously taken by a party under the 

23 waiver while the waiver was in effect shall remain subject 

24 to subsection (c). 

25 ‘‘(f) DEFINITIONS.—In this section: 
46 

•HR 1 EH

1 ‘‘(1) COVERED REQUIREMENT.—The term ‘cov2 ered requirement’ means— 

3 ‘‘(A) any standard established under sec4 tion 3002, 3003, or 3004; 

5 ‘‘(B) the permit requirement under section 

6 3005; or 

7 ‘‘(C) any other requirement of this Act, as 

8 the Administrator determines appropriate. 

9 ‘‘(2) CRITICAL ENERGY RESOURCE.—The term 

10 ‘critical energy resource’ means, as determined by 

11 the Secretary of Energy, any energy resource— 

12 ‘‘(A) that is essential to the energy sector 

13 and energy systems of the United States; and 

14 ‘‘(B) the supply chain of which is vulner15 able to disruption. 

16 ‘‘(3) CRITICAL ENERGY RESOURCE FACILITY.— 

17 The term ‘critical energy resource facility’ means a 

18 facility that processes or refines a critical energy re19 source.’’. 

20 (2) TABLE OF CONTENTS.—The table of con21 tents of the Solid Waste Disposal Act is amended by 

22 inserting after the item relating to section 3024 the 

23 following: 

‘‘Sec. 3025. Waivers for critical energy resource facilities.’’. 
47 

•HR 1 EH

1 SEC. 10013. ENDING FUTURE DELAYS IN CHEMICAL SUB2 STANCE REVIEW FOR CRITICAL ENERGY RE3 SOURCES. 

4 Section 5(a) of the Toxic Substances Control Act (15 

5 U.S.C. 2604(a)) is amended by adding at the end the fol6 lowing: 

7 ‘‘(6) CRITICAL ENERGY RESOURCES.— 

8 ‘‘(A) STANDARD.—For purposes of a de9 termination under paragraph (3) with respect 

10 to a chemical substance that is a critical energy 

11 resource, the Administrator shall take into con12 sideration economic, societal, and environmental 

13 costs and benefits, notwithstanding any require14 ment of this section to not take such factors 

15 into consideration. 

16 ‘‘(B) FAILURE TO RENDER DETERMINA17 TION.— 

18 ‘‘(i) ACTIONS AUTHORIZED.—If, with 

19 respect to a chemical substance that is a 

20 critical energy resource, the Administrator 

21 fails to make a determination on a notice 

22 under paragraph (3) by the end of the ap23 plicable review period and the notice has 

24 not been withdrawn by the submitter, the 

25 submitter may take the actions described 

26 in paragraph (1)(A) with respect to the 
48 

•HR 1 EH

1 chemical substance, and the Administrator 

2 shall be relieved of any requirement to 

3 make such determination. 

4 ‘‘(ii) NON-DUPLICATION.—A refund of 

5 applicable fees under paragraph (4)(A) 

6 shall not be made if a submitter takes an 

7 action described in paragraph (1)(A) under 

8 this subparagraph. 

9 ‘‘(C) PREREQUISITE FOR SUGGESTION OF

10 WITHDRAWAL OR SUSPENSION.—The Adminis11 trator may not suggest to, or request of, a sub12 mitter of a notice under this subsection for a 

13 chemical substance that is a critical energy re14 source that such submitter withdraw such no15 tice, or request a suspension of the running of 

16 the applicable review period with respect to 

17 such notice, unless the Administrator has— 

18 ‘‘(i) conducted a preliminary review of 

19 such notice; and 

20 ‘‘(ii) provided to the submitter a draft 

21 of a determination under paragraph (3), 

22 including any supporting information. 

23 ‘‘(D) DEFINITION.—For purposes of this 

24 paragraph, the term ‘critical energy resource’ 
49 

•HR 1 EH

1 means, as determined by the Secretary of En2 ergy, any energy resource— 

3 ‘‘(i) that is essential to the energy sec4 tor and energy systems of the United 

5 States; and 

6 ‘‘(ii) the supply chain of which is vul7 nerable to disruption.’’. 

8 SEC. 10014. NATURAL GAS TAX REPEAL. 

9 (a) REPEAL.—Section 136 of the Clean Air Act (42 

10 U.S.C. 7436)(relating to methane emissions and waste re11 duction incentive program for petroleum and natural gas 

12 systems) is repealed. 

13 (b) RESCISSION.—The unobligated balance of any 

14 amounts made available under section 136 of the Clean 

15 Air Act (42 U.S.C. 7436)(as in effect on the day before 

16 the date of enactment of this Act) is rescinded. 

17 SEC. 10015. REPEAL OF GREENHOUSE GAS REDUCTION 

18 FUND. 

19 (a) REPEAL.—Section 134 of the Clean Air Act (42 

20 U.S.C. 7434)(relating to the greenhouse gas reduction 

21 fund) is repealed. 

22 (b) RESCISSION.—The unobligated balance of any 

23 amounts made available under section 134 of the Clean 

24 Air Act (42 U.S.C. 7434)(as in effect on the day before 

25 the date of enactment of this Act) is rescinded. 
50 

•HR 1 EH

1 (c) CONFORMING AMENDMENT.—Section 60103 of 

2 Public Law 117–169 (relating to the greenhouse gas re3 duction fund) is repealed. 

4 SEC. 10016. KEEPING AMERICA’S REFINERIES OPERATING. 

5 (a) IN GENERAL.—The owner or operator of a sta6 tionary source described in subsection (b) of this section 

7 shall not be required by the regulations promulgated 

8 under section 112(r)(7)(B) of the Clean Air Act (42 

9 U.S.C. 7412(r)(7)(B)) to include in any hazard assess10 ment under clause (ii) of such section 112(r)(7)(B) an as11 sessment of safer technology and alternative risk manage12 ment measures with respect to the use of hydrofluoric acid 

13 in an alkylation unit. 

14 (b) STATIONARY SOURCE DESCRIBED.—A stationary 

15 source described in this subsection is a stationary source 

16 (as defined in section 112(r)(2)(C) of the Clean Air Act 

17 (42 U.S.C. 7412(r)(2)(C)) in North American Industry 

18 Classification System code 324— 

19 (1) for which a construction permit or operating 

20 permit has been issued pursuant to the Clean Air 

21 Act (42 U.S.C. 7401 et seq.); or 

22 (2) for which the owner or operator dem23 onstrates to the Administrator of the Environmental 

24 Protection Agency that such stationary source con25 forms or will conform to the most recent version of 
51 

•HR 1 EH

1 American Petroleum Institute Recommended Prac2 tice 751. 

3 SEC. 10017. HOMEOWNER ENERGY FREEDOM. 

4 (a) IN GENERAL.—The following are repealed: 

5 (1) Section 50122 of Public Law 117–169 (42 

6 U.S.C. 18795a) (relating to a high-efficiency electric 

7 home rebate program). 

8 (2) Section 50123 of Public Law 117–169 (42 

9 U.S.C. 18795b) (relating to State-based home en10 ergy efficiency contractor training grants). 

11 (3) Section 50131 of Public Law 117–169 (136 

12 Stat. 2041) (relating to assistance for latest and 

13 zero building energy code adoption). 

14 (b) RESCISSIONS.—The unobligated balances of any 

15 amounts made available under each of sections 50122, 

16 50123, and 50131 of Public Law 117–169 (42 U.S.C. 

17 18795a, 18795b; 136 Stat. 2041) (as in effect on the day 

18 before the date of enactment of this Act) are rescinded. 

19 (c) CONFORMING AMENDMENT.—Section 

20 50121(c)(7) of Public Law 117–169 (42 U.S.C. 

21 18795(c)(7)) is amended by striking ‘‘, including a rebate 

22 provided under a high-efficiency electric home rebate pro23 gram (as defined in section 50122(d)),’’. 
52 

•HR 1 EH

1 SEC. 10018. STUDY. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Secretary of Energy, in consultation with 

4 the Nuclear Regulatory Commission, shall conduct a study 

5 on how to streamline regulatory timelines relating to de6 veloping new power plants by examining practices relating 

7 to various power generating sources, including fossil and 

8 nuclear generating sources. 

9 SEC. 10019. STATE PRIMARY ENFORCEMENT RESPONSI10 BILITY. 

11 (a) AMENDMENTS.—Section 1422(b) of the Safe 

12 Drinking Water Act (42 U.S.C. 300h–1(b)) is amended— 

13 (1) in paragraph (2)— 

14 (A) by striking ‘‘Within ninety days’’ and 

15 inserting ‘‘(A) Within ninety days’’; 

16 (B) by striking ‘‘and after reasonable op17 portunity for presentation of views’’; and 

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

19 ‘‘(B) If, after 270 calendar days of a State’s applica20 tion being submitted under paragraph (1)(A) or notice 

21 being submitted under paragraph (1)(B), the Adminis22 trator has not, pursuant to subparagraph (A), by rule ap23 proved, disapproved, or approved in part and disapproved 

24 in part the State’s underground injection control pro25 gram— 
53 

•HR 1 EH

1 ‘‘(i) the Administrator shall transmit, in writ2 ing, to the State a detailed explanation as to the sta3 tus of the application or notice; and 

4 ‘‘(ii) the State’s underground injection control 

5 program shall be deemed approved under this sec6 tion if— 

7 ‘‘(I) the Administrator has not after an8 other 30 days, pursuant to subparagraph (A), 

9 by rule approved, disapproved, or approved in 

10 part and disapproved in part the State’s under11 ground injection control program; and 

12 ‘‘(II) the State has established and imple13 mented an effective program (including ade14 quate recordkeeping and reporting) to prevent 

15 underground injection which endangers drink16 ing water sources.’’; 

17 (2) by amending paragraph (4) to read as fol18 lows: 

19 ‘‘(4) Before promulgating any rule under paragraph 

20 (2) or (3) of this subsection, the Administrator shall— 

21 ‘‘(A) provide a reasonable opportunity for pres22 entation of views with respect to such rule, including 

23 a public hearing and a public comment period; and 
54 

•HR 1 EH

1 ‘‘(B) publish in the Federal Register notice of 

2 the reasonable opportunity for presentation of views 

3 provided under subparagraph (A).’’; and 

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

5 ‘‘(5) PREAPPLICATION ACTIVITIES.—The Adminis6 trator shall work as expeditiously as possible with States 

7 to complete any necessary activities relevant to the sub8 mission of an application under paragraph (1)(A) or no9 tice under paragraph (1)(B), taking into consideration the 

10 need for a complete and detailed submission. 

11 ‘‘(6) APPLICATION COORDINATION FOR CLASS VI 

12 WELLS.—With respect to the underground injection con13 trol program for Class VI wells (as defined in section 

14 40306(a) of the Infrastructure Investment and Jobs Act 

15 (42 U.S.C. 300h–9(a))), the Administrator shall designate 

16 one individual at the Agency from each regional office to 

17 be responsible for coordinating— 

18 ‘‘(A) the completion of any necessary activities 

19 prior to the submission of an application under 

20 paragraph (1)(A) or notice under paragraph (1)(B), 

21 in accordance with paragraph (5); 

22 ‘‘(B) the review of an application submitted 

23 under paragraph (1)(A) or notice submitted under 

24 paragraph (1)(B); 
55 

•HR 1 EH

1 ‘‘(C) any reasonable opportunity for presen2 tation of views provided under paragraph (4)(A) and 

3 any notice published under paragraph (4)(B); and 

4 ‘‘(D) pursuant to the recommendations included 

5 in the report required under paragraph (7), the hir6 ing of additional staff to carry out subparagraphs 

7 (A) through (C). 

8 ‘‘(7) EVALUATION OF RESOURCES.— 

9 ‘‘(A) IN GENERAL.—Not later than 90 days 

10 after the date of enactment of this paragraph, the 

11 individual designated under paragraph (6) shall 

12 transmit to the appropriate Congressional commit13 tees a report, including recommendations, regarding 

14 the— 

15 ‘‘(i) availability of staff and resources to 

16 promptly carry out the requirements of para17 graph (6); and 

18 ‘‘(ii) additional funding amounts needed to 

19 do so. 

20 ‘‘(B) APPROPRIATE CONGRESSIONAL COMMIT21 TEES DEFINED.—In this paragraph, the term ‘ap22 propriate Congressional Committees’ means— 

23 ‘‘(i) in the Senate— 

24 ‘‘(I) the Committee on Environment 

25 and Public Works; and 
56 

•HR 1 EH

1 ‘‘(II) the Committee on Appropria2 tions; and 

3 ‘‘(ii) in the House of Representatives— 

4 ‘‘(I) the Committee on Energy and 

5 Commerce; and 

6 ‘‘(II) the Committee on Appropria7 tions.’’. 

8 (b) FUNDING.—In each of fiscal years 2023 through 

9 2026, amounts made available by title VI of division J 

10 of the Infrastructure Investment and Jobs Act under 

11 paragraph (7) of the heading ‘‘Environmental Protection 

12 Agency—State and Tribal Assistance Grants’’ (Public 

13 Law 117–58; 135 Stat. 1402) may also be made available, 

14 subject to appropriations, to carry out paragraphs (5), (6), 

15 and (7) of section 1422(b) of the Safe Drinking Water 

16 Act, as added by this section. 

17 (c) RULE OF CONSTRUCTION.—The amendments 

18 made by this section shall— 

19 (1) apply to all applications submitted to the 

20 Environmental Protection Agency after the date of 

21 enactment of this Act to establish an underground 

22 injection control program under section 1422(b) of 

23 the Safe Drinking Water Act (42 U.S.C. 300h–1); 

24 and 
57 

•HR 1 EH

1 (2) with respect to such applications submitted 

2 prior to the date of enactment of this Act, the 270 

3 and 300 day deadlines under section 1422(b)(2)(B) 

4 of the Safe Drinking Water Act, as added by this 

5 section, shall begin on the date of enactment of this 

6 Act. 

7 SEC. 10020. USE OF INDEX-BASED PRICING IN ACQUISITION 

8 OF PETROLEUM PRODUCTS FOR THE SPR. 

9 Section 160(c) of the Energy Policy and Conservation 

10 Act (42 U.S.C. 6240(c)) is amended— 

11 (1) by redesignating paragraphs (1) through 

12 (6) as clauses (i) through (vi), respectively (and ad13 justing the margins accordingly); 

14 (2) by striking ‘‘The Secretary shall’’ and in15 serting the following: 

16 ‘‘(1) IN GENERAL.—The Secretary shall’’; and 

17 (3) by striking ‘‘Such procedures shall take into 

18 account the need to—’’ and inserting the following: 

19 ‘‘(2) INCLUSIONS.—Procedures developed under 

20 this subsection shall— 

21 ‘‘(A) require acquisition of petroleum prod22 ucts using index-based pricing; and 

23 ‘‘(B) take into account the need to—’’. 
58 

•HR 1 EH

1 SEC. 10021. PROHIBITION ON CERTAIN EXPORTS. 

2 (a) IN GENERAL.—The Energy Policy and Conserva3 tion Act is amended by inserting after section 163 (42 

4 U.S.C. 6243) the following: 

5 ‘‘SEC. 164. PROHIBITION ON CERTAIN EXPORTS. 

6 ‘‘(a) IN GENERAL.—The Secretary shall prohibit the 

7 export or sale of petroleum products drawn down from the 

8 Strategic Petroleum Reserve, under any provision of law, 

9 to— 

10 ‘‘(1) the People’s Republic of China; 

11 ‘‘(2) the Democratic People’s Republic of 

12 Korea; 

13 ‘‘(3) the Russian Federation; 

14 ‘‘(4) the Islamic Republic of Iran; 

15 ‘‘(5) any other country the government of which 

16 is subject to sanctions imposed by the United States; 

17 and 

18 ‘‘(6) any entity owned, controlled, or influenced 

19 by— 

20 ‘‘(A) a country referred to in any of para21 graphs (1) through (5); or 

22 ‘‘(B) the Chinese Communist Party. 

23 ‘‘(b) WAIVER.—The Secretary may issue a waiver of 

24 the prohibition described in subsection (a) if the Secretary 

25 certifies that any export or sale authorized pursuant to 
59 

•HR 1 EH

1 the waiver is in the national security interests of the 

2 United States. 

3 ‘‘(c) RULE.—Not later than 60 days after the date 

4 of enactment of the Lower Energy Costs Act, the Sec5 retary shall issue a rule to carry out this section.’’. 

6 (b) CONFORMING AMENDMENTS.— 

7 (1) DRAWDOWN AND SALE OF PETROLEUM

8 PRODUCTS.—Section 161(a) of the Energy Policy 

9 and Conservation Act (42 U.S.C. 6241(a)) is 

10 amended by inserting ‘‘and section 164’’ before the 

11 period at the end. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents for the Energy Policy and Conservation Act is 

14 amended by inserting after the item relating to sec15 tion 163 the following: 

‘‘Sec. 164. Prohibition on certain exports.’’. 

16 SEC. 10022. SENSE OF CONGRESS EXPRESSING DIS17 APPROVAL OF THE PROPOSED TAX HIKES ON 

18 THE OIL AND NATURAL GAS INDUSTRY IN 

19 THE PRESIDENT’S FISCAL YEAR 2024 BUDGET 

20 REQUEST. 

21 (a) FINDING.—Congress finds that President Biden’s 

22 fiscal year 2024 budget request proposes to repeal tax pro23 visions that are vital to the oil and natural gas industry 

24 of the United States, resulting in a $31,000,000,000 tax 

25 hike on oil and natural gas producers in the United States. 
60 

•HR 1 EH

1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that Congress disapproves of the proposed tax hike 

3 on the oil and natural gas industry in the President’s fis4 cal year 2024 budget request. 

5 SEC. 10023. DOMESTIC ENERGY INDEPENDENCE REPORT. 

6 Not later than 120 days after the date of enactment 

7 of this Act, the Administrator of the Environmental Pro8 tection Agency, in consultation with the Secretary of En9 ergy, shall submit to Congress a report that identifies and 

10 assesses regulations promulgated by the Administrator 

11 during the 15-year period preceding the date of enactment 

12 of this Act that have— 

13 (1) reduced the energy independence of the 

14 United States; 

15 (2) increased the regulatory burden for energy 

16 producers in the United States; 

17 (3) decreased the energy output by such energy 

18 producers; 

19 (4) reduced the energy security of the United 

20 States; or 

21 (5) increased energy costs for consumers in the 

22 United States. 

23 SEC. 10024. GAO STUDY. 

24 Not later than 1 year after the date of enactment 

25 of this Act, the Comptroller General of the United States 
61 

•HR 1 EH

1 shall conduct a study on how banning natural gas appli2 ances will affect the rates and charges for electricity. 

3 SEC. 10025. GAS KITCHEN RANGES AND OVENS. 

4 The Secretary of Energy may not finalize, implement, 

5 administer, or enforce the proposed rule titled ‘‘Energy 

6 Conservation Program: Energy Conservation Standards 

7 for Consumer Conventional Cooking Products; Supple8 mental notice of proposed rulemaking and announcement 

9 of public meeting’’ (88 Fed. Reg. 6818; published Feb10 ruary 1, 2023) with respect to energy conservation stand11 ards for gas kitchen ranges and ovens, or any substantially 

12 similar rule, including any rule that would directly or indi13 rectly limit consumer access to gas kitchen ranges and 

14 ovens. 

15 DIVISION B—TRANSPARENCY, 

16 ACCOUNTABILITY, PERMIT17 TING, AND PRODUCTION OF 

18 AMERICAN RESOURCES 

19 SEC. 20001. SHORT TITLE; TABLE OF CONTENTS. 

20 (a) SHORT TITLE.—This division may be cited as the 

21 ‘‘Transparency, Accountability, Permitting, and Produc22 tion of American Resources Act’’ or the ‘‘TAPP American 

23 Resources Act’’. 

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

25 this division is as follows: 
62 

•HR 1 EH

DIVISION B—TRANSPARENCY, ACCOUNTABILITY, PERMITTING, 

AND PRODUCTION OF AMERICAN RESOURCES 

Sec. 20001. Short title; table of contents. 

TITLE I—ONSHORE AND OFFSHORE LEASING AND OVERSIGHT 

Sec. 20101. Onshore oil and gas leasing. 

Sec. 20102. Lease reinstatement. 

Sec. 20103. Protested lease sales. 

Sec. 20104. Suspension of operations. 

Sec. 20105. Administrative protest process reform. 

Sec. 20106. Leasing and permitting transparency. 

Sec. 20107. Offshore oil and gas leasing. 

Sec. 20108. Five-year plan for offshore oil and gas leasing. 

Sec. 20109. Geothermal leasing. 

Sec. 20110. Leasing for certain qualified coal applications. 

Sec. 20111. Future coal leasing. 

Sec. 20112. Staff planning report. 

Sec. 20113. Prohibition on Chinese communist party ownership interest. 

Sec. 20114. Effect on other law. 

Sec. 20115. Requirement for GAO report on wind energy impacts. 

Sec. 20116. Sense of Congress on wind energy development supply chain. 

Sec. 20117. Sense of Congress on oil and gas royalty rates. 

Sec. 20118. Offshore wind environmental review process study. 

Sec. 20119. GAO report on wind energy impacts. 

TITLE II—PERMITTING STREAMLINING 

Sec. 20201. Definitions. 

Sec. 20202. BUILDER Act. 

Sec. 20203. Codification of National Environmental Policy Act regulations. 

Sec. 20204. Non-major Federal actions. 

Sec. 20205. No net loss determination for existing rights-of-way. 

Sec. 20206. Determination of National Environmental Policy Act adequacy. 

Sec. 20207. Determination regarding rights-of-way. 

Sec. 20208. Terms of rights-of-Way. 

Sec. 20209. Funding to process permits and develop information technology. 

Sec. 20210. Offshore geological and geophysical survey licensing. 

Sec. 20211. Deferral of applications for permits to drill. 

Sec. 20212. Processing and terms of applications for permits to drill. 

Sec. 20213. Amendments to the Energy Policy Act of 2005. 

Sec. 20214. Access to Federal energy resources from non-Federal surface estate. 

Sec. 20215. Scope of environmental reviews for oil and gas leases. 

Sec. 20216. Expediting approval of gathering lines. 

Sec. 20217. Lease sale litigation. 

Sec. 20218. Limitation on claims. 

Sec. 20219. Government Accountability Office report on permits to drill. 

Sec. 20220. E–NEPA. 

Sec. 20221. Limitations on claims. 

Sec. 20222. One Federal decision for pipelines. 

Sec. 20223. Exemption of certain wildfire mitigation activities from certain environmental requirements. 
63 

•HR 1 EH

Sec. 20224. Vegetation management, facility inspection, and operation and 

maintenance relating to electric transmission and distribution 

facility rights of way. 

Sec. 20225. Categorical exclusion for electric utility lines rights-of-way. 

Sec. 20226. Staffing plans. 

TITLE III—PERMITTING FOR MINING NEEDS 

Sec. 20301. Definitions. 

Sec. 20302. Minerals supply chain and reliability. 

Sec. 20303. Federal register process improvement. 

Sec. 20304. Designation of mining as a covered sector for Federal permitting 

improvement purposes. 

Sec. 20305. Treatment of actions under presidential determination 2022–11 for 

Federal permitting improvement purposes. 

Sec. 20306. Notice for mineral exploration activities with limited surface disturbance. 

Sec. 20307. Use of mining claims for ancillary activities. 

Sec. 20308. Ensuring consideration of uranium as a critical mineral. 

Sec. 20309. Barring foreign bad actors from operating on Federal lands. 

Sec. 20310. Permit process for projects relating to extraction, recovery, or 

processing of critical materials. 

Sec. 20311. National strategy to re-shore mineral supply chains. 

TITLE IV—FEDERAL LAND USE PLANNING 

Sec. 20401. Federal land use planning and withdrawals. 

Sec. 20402. Prohibitions on delay of mineral development of certain Federal 

land. 

Sec. 20403. Definitions. 

TITLE V—ENSURING COMPETITIVENESS ON FEDERAL LANDS 

Sec. 20501. Incentivizing domestic production. 

TITLE VI—ENERGY REVENUE SHARING 

Sec. 20601. Gulf of Mexico Outer Continental Shelf revenue. 

Sec. 20602. Parity in offshore wind revenue sharing. 

Sec. 20603. Elimination of administrative fee under the Mineral Leasing Act. 

Sec. 20604. Sunset. 

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

4 SEC. 20101. ONSHORE OIL AND GAS LEASING. 

5 (a) REQUIREMENT TO IMMEDIATELY RESUME ON6 SHORE OIL AND GAS LEASE SALES.— 
64 

•HR 1 EH

1 (1) IN GENERAL.—The Secretary of the Inte2 rior shall immediately resume quarterly onshore oil 

3 and gas lease sales in compliance with the Mineral 

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

5 (2) REQUIREMENT.—The Secretary of the Inte6 rior shall ensure— 

7 (A) that any oil and gas lease sale pursu8 ant to paragraph (1) is conducted immediately 

9 on completion of all applicable scoping, public 

10 comment, and environmental analysis require11 ments under the Mineral Leasing Act (30 

12 U.S.C. 181 et seq.) and the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4321 et 

14 seq.); and 

15 (B) that the processes described in sub16 paragraph (A) are conducted in a timely man17 ner to ensure compliance with subsection (b)(1). 

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

19 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 

20 226(b)(1)(A)) is amended by inserting ‘‘Eligible 

21 lands comprise all lands subject to leasing under this 

22 Act and not excluded from leasing by a statutory or 

23 regulatory prohibition. Available lands are those 

24 lands that have been designated as open for leasing 

25 under a land use plan developed under section 202 
65 

•HR 1 EH

1 of the Federal Land Policy and Management Act of 

2 1976 and that have been nominated for leasing 

3 through the submission of an expression of interest, 

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

5 are otherwise designated as available pursuant to 

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

7 are necessary.’’. 

8 (b) QUARTERLY LEASE SALES.— 

9 (1) IN GENERAL.—In accordance with the Min10 eral Leasing Act (30 U.S.C. 181 et seq.), each fiscal 

11 year, the Secretary of the Interior shall conduct a 

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

13 the following States: 

14 (A) Wyoming. 

15 (B) New Mexico. 

16 (C) Colorado. 

17 (D) Utah. 

18 (E) Montana. 

19 (F) North Dakota. 

20 (G) Oklahoma. 

21 (H) Nevada. 

22 (I) Alaska. 

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

24 available for oil and gas leasing under the Min-
66 

•HR 1 EH

1 eral Leasing Act (30 U.S.C. 181 et seq.) or any 

2 other mineral leasing law. 

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

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

5 paragraph, the Secretary of the Interior shall offer 

6 all parcels nominated and eligible pursuant to the 

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

8 181 et seq.) for oil and gas exploration, develop9 ment, and production under the resource manage10 ment plan in effect for the State. 

11 (3) REPLACEMENT SALES.—The Secretary of 

12 the Interior shall conduct a replacement sale during 

13 the same fiscal year if— 

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

15 canceled, delayed, or deferred, including for a 

16 lack of eligible parcels; or 

17 (B) during a lease sale under paragraph 

18 (1) the percentage of acreage that does not re19 ceive a bid is equal to or greater than 25 per20 cent of the acreage offered. 

21 (4) NOTICE REGARDING MISSED SALES.—Not 

22 later than 30 days after a sale required under this 

23 subsection is canceled, delayed, deferred, or other24 wise missed the Secretary of the Interior shall sub25 mit to the Committee on Natural Resources of the 
67 

•HR 1 EH

1 House of Representatives and the Committee on En2 ergy and Natural Resources of the Senate a report 

3 that states what sale was missed and why it was 

4 missed. 

5 SEC. 20102. LEASE REINSTATEMENT. 

6 The reinstatement of a lease entered into under the 

7 Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Geo8 thermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) by 

9 the Secretary shall be not considered a major Federal ac10 tion under section 102(2)(C) of the National Environ11 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 

12 SEC. 20103. PROTESTED LEASE SALES. 

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

14 U.S.C. 226(b)(1)(A)) is amended by inserting ‘‘The Sec15 retary shall resolve any protest to a lease sale not later 

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

17 for the first lease year.’’. 

18 SEC. 20104. SUSPENSION OF OPERATIONS. 

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

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

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

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

23 expression of interest for adjacent acreage that is part of 

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

25 in a lease sale by the Secretary, they may request a sus-
68 

•HR 1 EH

1 pension of operations from the Secretary of the Interior 

2 and upon request, the Secretary shall grant the suspension 

3 of operations within 15 days. Any payment of acreage 

4 rental or of minimum royalty prescribed by such lease like5 wise shall be suspended during such period of suspension 

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

7 shall be extended by adding any such suspension period 

8 thereto.’’. 

9 SEC. 20105. ADMINISTRATIVE PROTEST PROCESS REFORM. 

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

11 226) is further amended by adding at the end the fol12 lowing: 

13 ‘‘(s) PROTEST FILING FEE.— 

14 ‘‘(1) IN GENERAL.—Before processing any pro15 test filed under this section, the Secretary shall col16 lect a filing fee in the amount described in para17 graph (2) from the protestor to recover the cost for 

18 processing documents filed for each administrative 

19 protest. 

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

21 paragraph is calculated as follows: 

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

23 not exceeding 10 pages in length, the base filing 

24 fee shall be $150. 
69 

•HR 1 EH

1 ‘‘(B) For each submission exceeding 10 

2 pages in length, in addition to the base filing 

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

4 10 pages shall apply. 

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

6 one oil and gas lease parcel, right-of-way, or ap7 plication for permit to drill in a submission, an 

8 additional assessment of $10 per additional 

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

10 permit to drill shall apply. 

11 ‘‘(3) ADJUSTMENT.— 

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

13 1, 2024, and annually thereafter, the Secretary 

14 shall adjust the filing fees established in this 

15 subsection to whole dollar amounts to reflect 

16 changes in the Producer Price Index, as pub17 lished by the Bureau of Labor Statistics, for 

18 the previous 12 months. 

19 ‘‘(B) PUBLICATION OF ADJUSTED FILING

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

21 as adjusted under this paragraph take effect, 

22 the Secretary shall publish notification of the 

23 adjustment of such fees in the Federal Reg24 ister.’’. 
70 

•HR 1 EH

1 SEC. 20106. LEASING AND PERMITTING TRANSPARENCY. 

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

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

4 the Secretary of the Interior shall submit to the Com5 mittee on Natural Resources of the House of Representa6 tives and the Committee on Energy and Natural Re7 sources of the Senate a report that describes— 

8 (1) the status of nominated parcels for future 

9 onshore oil and gas and geothermal lease sales, in10 cluding— 

11 (A) the number of expressions of interest 

12 received each month during the period of 365 

13 days that ends on the date on which the report 

14 is submitted with respect to which the Bureau 

15 of Land Management— 

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

17 (ii) has not completed review; or 

18 (iii) has completed review and deter19 mined that the relevant area meets all ap20 plicable requirements for leasing, but has 

21 not offered the relevant area in a lease 

22 sale; 

23 (B) how long expressions of interest de24 scribed in subparagraph (A) have been pending; 

25 and 
71 

•HR 1 EH

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

2 Secretary of the Interior plans to— 

3 (i) work through future expressions of 

4 interest to prevent delays; 

5 (ii) put expressions of interest de6 scribed in subparagraph (A) into a lease 

7 sale; and 

8 (iii) complete review for expressions of 

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

10 subparagraph (A); 

11 (2) the status of each pending application for 

12 permit to drill received during the period of 365 

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

14 submitted, including the number of applications re15 ceived each month, by each Bureau of Land Man16 agement office, including— 

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

18 pending applications, including as a result of 

19 staffing shortages, technical limitations, incom20 plete applications, and incomplete review pursu21 ant to the National Environmental Policy Act 

22 of 1969 (42 U.S.C. 4321 et seq.) or other ap23 plicable laws; 

24 (B) the number of days an application has 

25 been pending in violation of section 17(p)(2) of 
72 

•HR 1 EH

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

2 and 

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

4 come into compliance with the requirements of 

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

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

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

8 month by each Bureau of Land Management office 

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

10 which the report is submitted; 

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

12 license for offshore geological and geophysical sur13 veys received during the period of 365 days that 

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

15 including the number of applications received each 

16 month, by each Bureau of Ocean Energy manage17 ment regional office, including— 

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

19 pending applications, including as a result of 

20 staffing shortages, technical limitations, incom21 plete applications, and incomplete review pursu22 ant to the National Environmental Policy Act 

23 of 1969 (42 U.S.C. 4321 et seq.) or other ap24 plicable laws; 
73 

•HR 1 EH

1 (B) the number of days an application has 

2 been pending; and 

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

4 Energy Management intends to complete review 

5 of each application; 

6 (5) the number of licenses for offshore geologi7 cal and geophysical surveys issued each month by 

8 each Bureau of Ocean Energy Management regional 

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

10 which the report is submitted; 

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

12 permit to drill received during the period of 365 

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

14 submitted, including the number of applications re15 ceived each month, by each Bureau of Safety and 

16 Environmental Enforcement regional office, includ17 ing— 

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

19 pending applications, including as a result of 

20 staffing shortages, technical limitations, incom21 plete applications, and incomplete review pursu22 ant to the National Environmental Policy Act 

23 of 1969 (42 U.S.C. 4321 et seq.) or other ap24 plicable laws; 
74 

•HR 1 EH

1 (B) the number of days an application has 

2 been pending; and 

3 (C) steps the Bureau of Safety and Envi4 ronmental Enforcement is taking to complete 

5 review of each application; 

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

7 month by each Bureau of Safety and Environmental 

8 Enforcement regional office during the period of 365 

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

10 submitted; 

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

12 Management, the Bureau of Ocean Energy Manage13 ment, and the Bureau of Safety and Environmental 

14 Enforcement determines whether to— 

15 (A) issue a license for geological and geo16 physical surveys; 

17 (B) issue a permit to drill; and 

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

19 gas lease; 

20 (9) when determinations described in paragraph 

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

22 Land Management, the Bureau of Ocean Energy 

23 Management, or the Bureau of Safety and Environ24 mental Enforcement for final approval; 
75 

•HR 1 EH

1 (10) the degree to which Bureau of Land Man2 agement, Bureau of Ocean Energy Management, 

3 and Bureau of Safety and Environmental Enforce4 ment field, State, and regional offices exercise dis5 cretion on such final approval; 

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

7 the date on which the report is submitted, the num8 ber of auctioned leases receiving accepted bids that 

9 have not been issued to winning bidders and the 

10 number of days such leases have not been issued; 

11 and 

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

13 permit to drill fees paid by permit holders during 

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

15 report is submitted. 

16 (b) PENDING APPLICATIONS FOR PERMITS TO

17 DRILL.—Not later than 30 days after the date of the en18 actment of this section, the Secretary of the Interior 

19 shall— 

20 (1) complete all requirements under the Na21 tional Environmental Policy Act of 1969 (42 U.S.C. 

22 4321 et seq.) and other applicable law that must be 

23 met before issuance of a permit to drill described in 

24 paragraph (2); and 
76 

•HR 1 EH

1 (2) issue a permit for all completed applications 

2 to drill that are pending on the date of the enact3 ment of this Act. 

4 (c) PUBLIC AVAILABILITY OF DATA.— 

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

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

7 amended by adding at the end the following: 

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

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

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

11 subsection, and each month thereafter, the Secretary 

12 shall publish on the website of the Department of 

13 the Interior the number of pending, approved, and 

14 not approved expressions of interest in nominated 

15 parcels for future onshore oil and gas lease sales in 

16 the preceding month. 

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

18 Not later than 30 days after the date of the enact19 ment of this subsection, and each month thereafter, 

20 the Secretary shall publish on the website of the De21 partment of the Interior the number of pending and 

22 approved applications for permits to drill in the pre23 ceding month in each State office. 

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

25 the date of the enactment of this subsection, the 
77 

•HR 1 EH

1 Secretary shall publish on the website of the Depart2 ment of the Interior, with respect to each month 

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

4 enactment of this subsection— 

5 ‘‘(A) the number of approved and not ap6 proved expressions of interest for onshore oil 

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

8 and 

9 ‘‘(B) the number of approved and not ap10 proved applications for permits to drill during 

11 such 5-year period.’’. 

12 (2) OUTER CONTINENTAL SHELF LANDS ACT.— 

13 Section 8 of the Outer Continental Shelf Lands Act 

14 (43 U.S.C. 1337) is amended by adding at the end 

15 the following: 

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

17 ‘‘(1) OFFSHORE GEOLOGICAL AND GEO18 PHYSICAL SURVEY LICENSES.—Not later than 30 

19 days after the date of the enactment of this sub20 section, and each month thereafter, the Secretary 

21 shall publish on the website of the Department of 

22 the Interior the number of pending and approved 

23 applications for licenses for offshore geological and 

24 geophysical surveys in the preceding month. 
78 

•HR 1 EH

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

2 Not later than 30 days after the date of the enact3 ment of this subsection, and each month thereafter, 

4 the Secretary shall publish on the website of the De5 partment of the Interior the number of pending and 

6 approved applications for permits to drill on the 

7 outer Continental Shelf in the preceding month in 

8 each regional office. 

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

10 the date of the enactment of this subsection, the 

11 Secretary shall publish on the website of the Depart12 ment of the Interior, with respect each month during 

13 the 5-year period ending on the date of the enact14 ment of this subsection— 

15 ‘‘(A) the number of approved applications 

16 for licenses for offshore geological and geo17 physical surveys; and 

18 ‘‘(B) the number of approved applications 

19 for permits to drill on the outer Continental 

20 Shelf.’’. 

21 (d) REQUIREMENT TO SUBMIT DOCUMENTS AND

22 COMMUNICATIONS.— 

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

24 the date of the enactment of this section, the Sec25 retary of the Interior shall submit to the Committee 
79 

•HR 1 EH

1 on Energy and Natural Resources of the Senate and 

2 the Committee on Natural Resources of the House 

3 of Representatives all documents and communica4 tions relating to the comprehensive review of Federal 

5 oil and gas permitting and leasing practices required 

6 under section 208 of Executive Order No. 14008 (86 

7 Fed. Reg. 7624; relating to tackling the climate cri8 sis at home and abroad). 

9 (2) INCLUSIONS.—The submission under para10 graph (1) shall include all documents and commu11 nications submitted to the Secretary of the Interior 

12 by members of the public in response to any public 

13 meeting or forum relating to the comprehensive re14 view described in that paragraph. 

15 SEC. 20107. OFFSHORE OIL AND GAS LEASING. 

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

17 lease sales described in the 2017–2022 Outer Continental 

18 Shelf Oil and Gas Leasing Proposed Final Program (No19 vember 2016) that have not been conducted as of the date 

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

21 30, 2023. 

22 (b) GULF OF MEXICO REGION ANNUAL LEASE

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

24 except within areas subject to existing oil and gas leasing 

25 moratoria beginning in fiscal year 2023, the Secretary of 
80 

•HR 1 EH

1 the Interior shall annually conduct a minimum of 2 re2 gion-wide oil and gas lease sales in the following planning 

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

4 2017–2022 Outer Continental Shelf Oil and Gas Leasing 

5 Proposed Final Program (November 2016): 

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

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

8 (c) ALASKA REGION ANNUAL LEASE SALES.—Not9 withstanding any other provision of law, beginning in fis10 cal year 2023, the Secretary of the Interior shall annually 

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

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

13 as described in the 2017–2022 Outer Continental Shelf 

14 Oil and Gas Leasing Proposed Final Program (November 

15 2016). 

16 (d) REQUIREMENTS.—In conducting lease sales 

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

18 shall— 

19 (1) issue such leases in accordance with the 

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

21 et seq.); and 

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

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

24 date of the lease sale. 
81 

•HR 1 EH

1 SEC. 20108. FIVE-YEAR PLAN FOR OFFSHORE OIL AND GAS 

2 LEASING. 

3 Section 18 of the Outer Continental Shelf Lands Act 

4 (43 U.S.C. 1344) is amended— 

5 (1) in subsection (a)— 

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

7 this section, shall prepare and periodically re8 vise,’’ and inserting ‘‘this section, shall issue 

9 every five years’’; 

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

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

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

13 year.’’; and 

14 (C) in paragraph (3), by inserting ‘‘domes15 tic energy security,’’ after ‘‘between’’; 

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

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

18 (3) by inserting after subsection (e) the fol19 lowing: 

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

21 Secretary shall issue the five-year oil and gas leasing pro22 gram for 2023 through 2028 and issue the Record of De23 cision on the Final Programmatic Environmental Impact 

24 Statement by not later than July 1, 2023. 

25 ‘‘(g) SUBSEQUENT LEASING PROGRAMS.— 
82 

•HR 1 EH

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

2 after conducting the first lease sale under an oil and 

3 gas leasing program prepared pursuant to this sec4 tion, the Secretary shall begin preparing the subse5 quent oil and gas leasing program under this sec6 tion. 

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

8 gas leasing program under this section shall be ap9 proved by not later than 180 days before the expira10 tion of the previous oil and gas leasing program.’’. 

11 SEC. 20109. GEOTHERMAL LEASING. 

12 (a) ANNUAL LEASING.—Section 4(b) of the Geo13 thermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amend14 ed— 

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

16 inserting ‘‘year’’; 

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

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

19 (3) after paragraph (2), by inserting the fol20 lowing: 

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

22 under paragraph (1) for a year is canceled or de23 layed, the Secretary of the Interior shall conduct a 

24 replacement sale during the same year. 
83 

•HR 1 EH

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

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

3 that paragraph, the Secretary of the Interior shall 

4 offer all nominated parcels eligible for geothermal 

5 development and utilization under the resource man6 agement plan in effect for the State.’’. 

7 (b) DEADLINES FOR CONSIDERATION OF GEO8 THERMAL DRILLING PERMITS.—Section 4 of the Geo9 thermal Steam Act of 1970 (30 U.S.C. 1003) is amended 

10 by adding at the end the following: 

11 ‘‘(h) DEADLINES FOR CONSIDERATION OF GEO12 THERMAL DRILLING PERMITS.— 

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

14 date on which the Secretary receives an application 

15 for any geothermal drilling permit, the Secretary 

16 shall— 

17 ‘‘(A) provide written notice to the appli18 cant that the application is complete; or 

19 ‘‘(B) notify the applicant that information 

20 is missing and specify any information that is 

21 required to be submitted for the application to 

22 be complete. 

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

24 determines that an application for a geothermal 

25 drilling permit is complete under paragraph (1)(A), 
84 

•HR 1 EH

1 the Secretary shall issue a final decision on the ap2 plication not later than 30 days after the Secretary 

3 notifies the applicant that the application is com4 plete.’’. 

5 SEC. 20110. LEASING FOR CERTAIN QUALIFIED COAL AP6 PLICATIONS. 

7 (a) DEFINITIONS.—In this section: 

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

9 means a lease entered into by the United States as 

10 lessor, through the Bureau of Land Management, 

11 and the applicant on Bureau of Land Management 

12 Form 3400–012. 

13 (2) QUALIFIED APPLICATION.—The term 

14 ‘‘qualified application’’ means any application pend15 ing under the lease by application program adminis16 tered by the Bureau of Land Management pursuant 

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

18 and subpart 3425 of title 43, Code of Federal Regu19 lations (as in effect on the date of the enactment of 

20 this Act), for which the environmental review proc21 ess under the National Environmental Policy Act of 

22 1969 (42 U.S.C. 4321 et seq.) has commenced. 

23 (b) MANDATORY LEASING AND OTHER REQUIRED

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

25 enactment of this Act, the Secretary shall promptly— 
85 

•HR 1 EH

1 (1) with respect to each qualified application— 

2 (A) if not previously published for public 

3 comment, publish a draft environmental assess4 ment, as required under the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et 

6 seq.) and any applicable implementing regula7 tions; 

8 (B) finalize the fair market value of the 

9 coal tract for which a lease by application is 

10 pending; 

11 (C) take all intermediate actions necessary 

12 to grant the qualified application; and 

13 (D) grant the qualified application; and 

14 (2) with respect to previously awarded coal 

15 leases, grant any additional approvals of the Depart16 ment of the Interior or any bureau, agency, or divi17 sion of the Department of the Interior required for 

18 mining activities to commence. 

19 SEC. 20111. FUTURE COAL LEASING. 

20 Notwithstanding any judicial decision to the contrary 

21 or a departmental review of the Federal coal leasing pro22 gram, Secretarial Order 3338, issued by the Secretary of 

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

24 effect. 
86 

•HR 1 EH

1 SEC. 20112. STAFF PLANNING REPORT. 

2 The Secretary of the Interior and the Secretary of 

3 Agriculture shall each annually submit to the Committee 

4 on Natural Resources of the House of Representatives and 

5 the Committee on Energy and Natural Resources of the 

6 Senate a report on the staffing capacity of each respective 

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

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

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

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

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

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

13 permits; 

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

15 to meet statutory requirements for such oil, gas, 

16 hardrock mining, coal, and renewable energy leases, 

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

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

19 Interior or the Department of Agriculture plans to 

20 address technological needs and staffing shortfalls 

21 and turnover to ensure adequate staffing to process 

22 and issue such oil, gas, hardrock mining, coal, and 

23 renewable energy leases, rights-of-way, claims, ease24 ments, and permits. 
87 

•HR 1 EH

1 SEC. 20113. PROHIBITION ON CHINESE COMMUNIST PARTY 

2 OWNERSHIP INTEREST. 

3 Notwithstanding any other provision of law, the Com4 munist Party of China (or a person acting on behalf of 

5 the Community Party of China), any entity subject to the 

6 jurisdiction of the Government of the People’s Republic 

7 of China, or any entity that is owned by the Government 

8 of the People’s Republic of China, may not acquire any 

9 interest with respect to lands leased for oil or gas under 

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

11 Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 

12 seq.) or American farmland or any lands used for Amer13 ican renewable energy production, or acquire claims sub14 ject to the General Mining Law of 1872. 

15 SEC. 20114. EFFECT ON OTHER LAW. 

16 Nothing in this division, or any amendments made 

17 by this division, shall affect— 

18 (1) the Presidential memorandum titled 

19 ‘‘Memorandum on Withdrawal of Certain Areas of 

20 the United States Outer Continental Shelf From 

21 Leasing Disposition’’ and dated September 8, 2020; 

22 (2) the Presidential memorandum titled 

23 ‘‘Memorandum on Withdrawal of Certain Areas of 

24 the United States Outer Continental Shelf From 

25 Leasing Disposition’’ and dated September 25, 

26 2020; 
88 

•HR 1 EH

1 (3) the Presidential memorandum titled 

2 ‘‘Memorandum on Withdrawal of Certain Areas off 

3 the Atlantic Coast on the Outer Continental Shelf 

4 From Leasing Disposition’’ and dated December 20, 

5 2016; or 

6 (4) the ban on oil and gas development in the 

7 Great Lakes described in section 386 of the Energy 

8 Policy Act of 2005 (42 U.S.C. 15941). 

9 SEC. 20115. REQUIREMENT FOR GAO REPORT ON WIND EN10 ERGY IMPACTS. 

11 The Secretary of the Interior shall not publish a no12 tice for a wind lease sale or hold a lease sale for wind 

13 energy development in the Eastern Gulf of Mexico Plan14 ning Area, the South Atlantic Planning Area, or the 

15 Straits of Florida Planning Area (as described in the 

16 2017–2022 Outer Continental Shelf Oil and Gas Leasing 

17 Proposed Final Program (November 2016)) until the 

18 Comptroller General of the United States publishes a re19 port on all potential adverse effects of wind energy devel20 opment in such areas, including associated infrastructure 

21 and vessel traffic, on— 

22 (1) military readiness and training activities in 

23 the Planning Areas described in this section, includ24 ing activities within or related to the Eglin Test and 
89 

•HR 1 EH

1 Training Complex and the Jacksonville Range Com2 plex; 

3 (2) marine environment and ecology, including 

4 species listed as endangered or threatened under the 

5 Endangered Species Act of 1973 (16 U.S.C. 1531 et 

6 seq.) or designated as depleted under the Marine 

7 Mammal Protection Act of 1972 (16 U.S.C. 1361 et 

8 seq.) in the Planning Areas described in this section; 

9 and 

10 (3) tourism, including the economic impacts 

11 that a decrease in tourism may have on the commu12 nities adjacent to the Planning Areas described in 

13 this section. 

14 SEC. 20116. SENSE OF CONGRESS ON WIND ENERGY DEVEL15 OPMENT SUPPLY CHAIN. 

16 It is the sense of Congress that— 

17 (1) wind energy development on Federal lands 

18 and waters is a burgeoning industry in the United 

19 States; 

20 (2) major components of wind infrastructure, 

21 including turbines, are imported in large quantities 

22 from other countries including countries that are na23 tional security threats, such as the Government of 

24 the People’s Republic of China; 
90 

•HR 1 EH

1 (3) it is in the best interest of the United 

2 States to foster and support domestic supply chains 

3 across sectors to promote American energy inde4 pendence; 

5 (4) the economic and manufacturing opportuni6 ties presented by wind turbine construction and 

7 component manufacturing should be met by Amer8 ican workers and materials that are sourced domes9 tically to the greatest extent practicable; and 

10 (5) infrastructure for wind energy development 

11 in the United States should be constructed with ma12 terials produced and manufactured in the United 

13 States. 

14 SEC. 20117. SENSE OF CONGRESS ON OIL AND GAS ROY15 ALTY RATES. 

16 It is the sense of Congress that the royalty rate for 

17 onshore Federal oil and gas leases should be not more 

18 than 12.5 percent in amount or value of the production 

19 removed or sold from the lease. 

20 SEC. 20118. OFFSHORE WIND ENVIRONMENTAL REVIEW 

21 PROCESS STUDY. 

22 (a) IN GENERAL.—Not later than 60 days after the 

23 date of the enactment of this section, the Comptroller 

24 General shall conduct a study to assess the sufficiency of 

25 the environmental review processes for offshore wind 
91 

•HR 1 EH

1 projects in place as of the date of the enactment of this 

2 section of the National Marine Fisheries Service, the Bu3 reau of Ocean Energy Management, and any other rel4 evant Federal agency. 

5 (b) CONTENTS.—The study required under sub6 section (a) shall include consideration of the following: 

7 (1) The impacts of offshore wind projects on— 

8 (A) whales, finfish, and other marine 

9 mammals; 

10 (B) benthic resources; 

11 (C) commercial and recreational fishing; 

12 (D) air quality; 

13 (E) cultural, historical, and archaeological 

14 resources; 

15 (F) invertebrates; 

16 (G) essential fish habitat; 

17 (H) military use and navigation and vessel 

18 traffic; 

19 (I) recreation and tourism; and 

20 (J) the sustainability of shoreline beaches 

21 and inlets. 

22 (2) The impacts of hurricanes and other severe 

23 weather on offshore wind projects. 

24 (3) How the agencies described in subsection 

25 (a) determine which stakeholders are consulted and 
92 

•HR 1 EH

1 if a timely, comprehensive comment period is pro2 vided for local representatives and other interested 

3 parties. 

4 (4) The estimated cost and who pays for off5 shore wind projects. 

6 SEC. 20119. GAO REPORT ON WIND ENERGY IMPACTS. 

7 The Comptroller General of the United States shall 

8 publish a report on all potential adverse effects of wind 

9 energy development in the North Atlantic Planning Area 

10 (as described in the 2017–2022 Outer Continental Shelf 

11 Oil and Gas Leasing Proposed Final Program (November 

12 2016)), including associated infrastructure and vessel 

13 traffic, on— 

14 (1) maritime safety, including the operation of 

15 radar systems; 

16 (2) economic impacts related to commercial 

17 fishing activities; and 

18 (3) marine environment and ecology, including 

19 species listed as endangered or threatened under the 

20 Endangered Species Act of 1973 (16 U.S.C. 1531 et 

21 seq.) or designated as depleted under the Marine 

22 Mammal Protection Act of 1972 (16 U.S.C. 1361 et 

23 seq.) in the North Atlantic Planning Area. 
93 

•HR 1 EH

1 TITLE II—PERMITTING 

2 STREAMLINING 

3 SEC. 20201. DEFINITIONS. 

4 In this title: 

5 (1) ENERGY FACILITY.—The term ‘‘energy fa6 cility’’ means a facility the primary purpose of which 

7 is the exploration for, or the development, produc8 tion, conversion, gathering, storage, transfer, proc9 essing, or transportation of, any energy resource. 

10 (2) ENERGY STORAGE DEVICE.—The term ‘‘en11 ergy storage device’’— 

12 (A) means any equipment that stores en13 ergy, including electricity, compressed air, 

14 pumped water, heat, and hydrogen, which may 

15 be converted into, or used to produce, elec16 tricity; and 

17 (B) includes a battery, regenerative fuel 

18 cell, flywheel, capacitor, superconducting mag19 net, and any other equipment the Secretary 

20 concerned determines may be used to store en21 ergy which may be converted into, or used to 

22 produce, electricity. 

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

24 means any land and interest in land owned by the 

25 United States within the several States and adminis-
94 

•HR 1 EH

1 tered by the Secretary of the Interior or the Sec2 retary of Agriculture without regard to how the 

3 United States acquired ownership, except— 

4 (A) lands located on the Outer Continental 

5 Shelf; and 

6 (B) lands held in trust by the United 

7 States for the benefit of Indians, Indian Tribes, 

8 Aleuts, and Eskimos. 

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

10 means— 

11 (A) a right-of-way issued, granted, or re12 newed under section 501 of the Federal Land 

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

14 1761); or 

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

16 28 of the Mineral Leasing Act (30 U.S.C. 185). 

17 (5) SECRETARY CONCERNED.—The term ‘‘Sec18 retary concerned’’ means— 

19 (A) with respect to public lands, the Sec20 retary of the Interior; and 

21 (B) with respect to National Forest Sys22 tem lands, the Secretary of Agriculture. 

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

24 plan’’ means— 
95 

•HR 1 EH

1 (A) a land and resource management plan 

2 prepared by the Forest Service for a unit of the 

3 National Forest System pursuant to section 6 

4 of the Forest and Rangeland Renewable Re5 sources Planning Act of 1974 (16 U.S.C. 

6 1604); 

7 (B) a Land Management Plan developed 

8 by the Bureau of Land Management under the 

9 Federal Land Policy and Management Act of 

10 1976 (43 U.S.C. 1701 et seq.); or 

11 (C) a comprehensive conservation plan de12 veloped by the United States Fish and Wildlife 

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

14 Wildlife Refuge System Administration Act of 

15 1966 (16 U.S.C. 668dd(e)(1)(A)). 

16 SEC. 20202. BUILDER ACT. 

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

18 102(2) of the National Environmental Policy Act of 1969 

19 (42 U.S.C. 4332(2)) is amended— 

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

21 and inserting ‘‘ensure’’; 

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

23 and inserting ‘‘ensure’’; 

24 (3) in subparagraph (C)— 
96 

•HR 1 EH

1 (A) by inserting ‘‘consistent with the provi2 sions of this Act and except as provided by 

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

4 every’’; 

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

6 inserting the following: 

7 ‘‘(i) reasonably foreseeable environmental 

8 effects with a reasonably close causal relation9 ship to the proposed agency action; 

10 ‘‘(ii) any reasonably foreseeable adverse en11 vironmental effects which cannot be avoided 

12 should the proposal be implemented; 

13 ‘‘(iii) a reasonable number of alternatives 

14 to the proposed agency action, including an 

15 analysis of any negative environmental impacts 

16 of not implementing the proposed agency action 

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

18 technically and economically feasible, are within 

19 the jurisdiction of the agency, meet the purpose 

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

21 meet the goals of the applicant; 

22 ‘‘(iv) the relationship between local short23 term uses of man’s environment and the main24 tenance and enhancement of long-term produc25 tivity; and 
97 

•HR 1 EH

1 ‘‘(v) any irreversible and irretrievable com2 mitments of Federal resources which would be 

3 involved in the proposed agency action should it 

4 be implemented.’’; and 

5 (C) by striking ‘‘the responsible Federal 

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

7 agency’’; 

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

9 and inserting ‘‘any’’; 

10 (5) by redesignating subparagraphs (D) 

11 through (I) as subparagraphs (F) through (K), re12 spectively; 

13 (6) by inserting after subparagraph (C) the fol14 lowing: 

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

16 scientific integrity, of the discussion and analysis in 

17 an environmental document; 

18 ‘‘(E) make use of reliable existing data and re19 sources in carrying out this Act;’’; 

20 (7) by amending subparagraph (G), as redesig21 nated, to read as follows: 

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

23 study, develop, and describe technically and economi24 cally feasible alternatives within the jurisdiction and 

25 authority of the agency;’’; and 
98 

•HR 1 EH

1 (8) in subparagraph (H), as amended, by in2 serting ‘‘consistent with the provisions of this Act,’’ 

3 before ‘‘recognize’’. 

4 (b) NEW SECTIONS.—Title I of the National Envi5 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

6 is amended by adding at the end the following: 

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

8 REVIEW. 

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

10 not required to prepare an environmental document with 

11 respect to a proposed agency action if— 

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

13 agency action within the meaning of such term in 

14 chapter 5 of title 5, United States Code; 

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

16 a categorical exclusion established by the agency, an17 other Federal agency, or another provision of law; 

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

19 clearly and fundamentally conflict with the require20 ments of another provision of law; 

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

22 in part, a nondiscretionary action with respect to 

23 which such agency does not have authority to take 

24 environmental factors into consideration in deter25 mining whether to take the proposed action; 
99 

•HR 1 EH

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

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

3 States Code; or 

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

5 which such agency’s compliance with another stat6 ute’s requirements serve the same or similar func7 tion as the requirements of this Act with respect to 

8 such action. 

9 ‘‘(b) LEVELS OF REVIEW.— 

10 ‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.— 

11 An agency shall issue an environmental impact 

12 statement with respect to a proposed agency action 

13 that has a significant effect on the quality of the 

14 human environment. 

15 ‘‘(2) ENVIRONMENTAL ASSESSMENT.—An agen16 cy shall prepare an environmental assessment with 

17 respect to a proposed agency action that is not likely 

18 to have a significant effect on the quality of the 

19 human environment, or if the significance of such ef20 fect is unknown, unless the agency finds that a cat21 egorical exclusion established by the agency, another 

22 Federal agency, or another provision of law applies. 

23 Such environmental assessment shall be a concise 

24 public document prepared by a Federal agency to set 
100 

•HR 1 EH

1 forth the basis of such agency’s finding of no signifi2 cant impact. 

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

4 determination under this subsection, an agency— 

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

6 source; and 

7 ‘‘(B) is not required to undertake new sci8 entific or technical research. 

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

10 ‘‘(a) LEAD AGENCY.— 

11 ‘‘(1) DESIGNATION.— 

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

13 more involved Federal agencies, such agencies 

14 shall determine, by letter or memorandum, 

15 which agency shall be the lead agency based on 

16 consideration of the following factors: 

17 ‘‘(i) Magnitude of agency’s involve18 ment. 

19 ‘‘(ii) Project approval or disapproval 

20 authority. 

21 ‘‘(iii) Expertise concerning the ac22 tion’s environmental effects. 

23 ‘‘(iv) Duration of agency’s involve24 ment. 
101 

•HR 1 EH

1 ‘‘(v) Sequence of agency’s involve2 ment. 

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

4 a determination under subparagraph (A), the 

5 involved Federal agencies may, in addition to a 

6 Federal agency, appoint such Federal, State, 

7 Tribal, or local agencies as joint lead agencies 

8 as the involved Federal agencies shall determine 

9 appropriate. Joint lead agencies shall jointly 

10 fulfill the role described in paragraph (2). 

11 ‘‘(C) MINERAL PROJECTS.—This para12 graph shall not apply with respect to a mineral 

13 exploration or mine permit. 

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

15 to a proposed agency action— 

16 ‘‘(A) supervise the preparation of an envi17 ronmental document if, with respect to such 

18 proposed agency action, there is more than one 

19 involved Federal agency; 

20 ‘‘(B) request the participation of each co21 operating agency at the earliest practicable 

22 time; 

23 ‘‘(C) in preparing an environmental docu24 ment, give consideration to any analysis or pro25 posal created by a cooperating agency with ju-
102 

•HR 1 EH

1 risdiction by law or a cooperating agency with 

2 special expertise; 

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

4 with each involved cooperating agency, the ap5 plicant, and such other entities as the lead 

6 agency determines appropriate, for completion 

7 of any environmental review, permit, or author8 ization required to carry out the proposed agen9 cy action; 

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

11 review, permit, or authorization will not be com12 pleted in accordance with the schedule devel13 oped under subparagraph (D), notify the agen14 cy responsible for issuing such review, permit, 

15 or authorization of the discrepancy and request 

16 that such agency take such measures as such 

17 agency determines appropriate to comply with 

18 such schedule; and 

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

20 requests such a meeting. 

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

22 may, with respect to a proposed agency action, des23 ignate any involved Federal agency or a State, Trib24 al, or local agency as a cooperating agency. A co25 operating agency may, not later than a date speci-
103 

•HR 1 EH

1 fied by the lead agency, submit comments to the 

2 lead agency. Such comments shall be limited to mat3 ters relating to the proposed agency action with re4 spect to which such agency has special expertise or 

5 jurisdiction by law with respect to an environmental 

6 issue. 

7 ‘‘(4) REQUEST FOR DESIGNATION.—Any Fed8 eral, State, Tribal, or local agency or person that is 

9 substantially affected by the lack of a designation of 

10 a lead agency with respect to a proposed agency ac11 tion under paragraph (1) may submit a written re12 quest for such a designation to an involved Federal 

13 agency. An agency that receives a request under this 

14 paragraph shall transmit such request to each in15 volved Federal agency and to the Council. 

16 ‘‘(5) COUNCIL DESIGNATION.— 

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

18 after the date on which a request is submitted 

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

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

21 Tribal, or local agency or person that is sub22 stantially affected by the lack of a designation 

23 of a lead agency may request that the Council 

24 designate a lead agency. Such request shall con25 sist of— 
104 

•HR 1 EH

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

2 and extent of the proposed agency action; 

3 and 

4 ‘‘(ii) a detailed statement with respect 

5 to each involved Federal agency and each 

6 factor listed in paragraph (1) regarding 

7 which agency should serve as lead agency. 

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

9 transmit a request received under subparagraph 

10 (A) to each involved Federal agency. 

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

12 agency may, not later than 20 days after the 

13 date of the submission of a request under sub14 paragraph (A), submit to the Council a re15 sponse to such request. 

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

17 days after the date of the submission of a re18 quest under subparagraph (A), the Council 

19 shall designate the lead agency with respect to 

20 the relevant proposed agency action. 

21 ‘‘(b) ONE DOCUMENT.— 

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

23 there are 2 or more involved Federal agencies with 

24 respect to a proposed agency action and the lead 

25 agency has determined that an environmental docu-
105 

•HR 1 EH

1 ment is required, such requirement shall be deemed 

2 satisfied with respect to all involved Federal agencies 

3 if the lead agency issues such an environmental doc4 ument. 

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

6 an environmental document for a proposed agency 

7 action, no involved Federal agency shall be required 

8 to consider any information that becomes available 

9 after the sooner of, as applicable— 

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

11 respect to such proposed agency action; or 

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

13 decision to prepare an environmental impact 

14 statement for such proposed agency action. 

15 ‘‘(3) SCOPE OF REVIEW.—In developing an en16 vironmental document for a proposed agency action, 

17 the lead agency and any other involved Federal 

18 agencies shall only consider the effects of the pro19 posed agency action that— 

20 ‘‘(A) occur on Federal land; or 

21 ‘‘(B) are subject to Federal control and re22 sponsibility. 

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

24 of intent to prepare an environmental impact statement 

25 under section 102 shall include a request for public com-
106 

•HR 1 EH

1 ment on alternatives or impacts and on relevant informa2 tion, studies, or analyses with respect to the proposed 

3 agency action. 

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

5 environmental impact statement shall include a statement 

6 of purpose and need that briefly summarizes the under7 lying purpose and need for the proposed agency action. 

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

9 each environmental impact statement shall include a state10 ment of the estimated total cost of preparing such environ11 mental impact statement, including the costs of agency 

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

13 other direct costs. 

14 ‘‘(f) PAGE LIMITS.— 

15 ‘‘(1) ENVIRONMENTAL IMPACT STATEMENTS.— 

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

17 subparagraph (B), an environmental impact 

18 statement shall not exceed 150 pages, not in19 cluding any citations or appendices. 

20 ‘‘(B) EXTRAORDINARY COMPLEXITY.—An 

21 environmental impact statement for a proposed 

22 agency action of extraordinary complexity shall 

23 not exceed 300 pages, not including any cita24 tions or appendices. 
107 

•HR 1 EH

1 ‘‘(2) ENVIRONMENTAL ASSESSMENTS.—An en2 vironmental assessment shall not exceed 75 pages, 

3 not including any citations or appendices. 

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

5 allow a project sponsor to prepare an environmental as6 sessment or an environmental impact statement upon re7 quest of the project sponsor. Such agency may provide 

8 such sponsor with appropriate guidance and assist in the 

9 preparation. The lead agency shall independently evaluate 

10 the environmental document and shall take responsibility 

11 for the contents upon adoption. 

12 ‘‘(h) DEADLINES.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), with respect to a proposed agency action, 

15 a lead agency shall complete, as applicable— 

16 ‘‘(A) the environmental impact statement 

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

18 sooner of, as applicable— 

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

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

21 the issuance of an environmental impact 

22 statement with respect to such action; 

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

24 notifies the applicant that the application 
108 

•HR 1 EH

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

2 is complete; and 

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

4 issues a notice of intent to prepare the en5 vironmental impact statement for such ac6 tion; and 

7 ‘‘(B) the environmental assessment not 

8 later than the date that is 1 year after the 

9 sooner of, as applicable— 

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

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

12 the preparation of an environmental as13 sessment with respect to such action; 

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

15 notifies the applicant that the application 

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

17 is complete; and 

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

19 issues a notice of intent to prepare the en20 vironmental assessment for such action. 

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

22 is not able to meet the deadline described in para23 graph (1) may extend such deadline with the ap24 proval of the applicant. If the applicant approves 

25 such an extension, the lead agency shall establish a 
109 

•HR 1 EH

1 new deadline that provides only so much additional 

2 time as is necessary to complete such environmental 

3 impact statement or environmental assessment. 

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

5 agency is unable to meet the deadline described in 

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

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

8 funding is provided in advance in an appropriations 

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

10 of the lead agency to the applicant starting on the 

11 first day immediately following the deadline de12 scribed in paragraph (1) or extended under para13 graph (2) up until the date that an applicant ap14 proves a new deadline. This paragraph does not 

15 apply when the lead agency misses a deadline solely 

16 due to delays caused by litigation. 

17 ‘‘(i) REPORT.— 

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

19 agency shall annually submit to the Committee on 

20 Natural Resources of the House of Representatives 

21 and the Committee on Environment and Public 

22 Works of the Senate a report that— 

23 ‘‘(A) identifies any environmental assess24 ment and environmental impact statement that 
110 

•HR 1 EH

1 such lead agency did not complete by the dead2 line described in subsection (h); and 

3 ‘‘(B) provides an explanation for any fail4 ure to meet such deadline. 

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

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

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

8 other entity within the Federal agency respon9 sible for each such environmental assessment 

10 and environmental impact statement; 

11 ‘‘(B) the date on which— 

12 ‘‘(i) such lead agency notified the ap13 plicant that the application to establish a 

14 right-of-way for the major Federal action 

15 is complete; 

16 ‘‘(ii) such lead agency began the 

17 scoping for the major Federal action; or 

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

19 of intent to prepare the environmental as20 sessment or environmental impact state21 ment for the major Federal action; and 

22 ‘‘(C) when such environmental assessment 

23 and environmental impact statement is expected 

24 to be complete. 
111 

•HR 1 EH

1 ‘‘SEC. 108. JUDICIAL REVIEW. 

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

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

4 law seeking judicial review of compliance with this Act, 

5 of a determination made under this Act, or of Federal ac6 tion resulting from a determination made under this Act, 

7 shall be barred unless— 

8 ‘‘(1) in the case of a claim pertaining to a pro9 posed agency action for which— 

10 ‘‘(A) an environmental document was pre11 pared and an opportunity for comment was pro12 vided; 

13 ‘‘(B) the claim is filed by a party that par14 ticipated in the administrative proceedings re15 garding such environmental document; and 

16 ‘‘(C) the claim— 

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

18 a comment during the public comment pe19 riod for such administrative proceedings 

20 and such comment was sufficiently detailed 

21 to put the lead agency on notice of the 

22 issue upon which the party seeks judicial 

23 review; and 

24 ‘‘(ii) is related to such comment; 

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

26 claim is filed not later than 120 days after the date 
112 

•HR 1 EH

1 of publication of a notice in the Federal Register of 

2 agency intent to carry out the proposed agency ac3 tion; 

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

5 record of decision or other final agency action with 

6 respect to the relevant proposed agency action; 

7 ‘‘(4) such claim does not challenge the estab8 lishment or use of a categorical exclusion under sec9 tion 102; and 

10 ‘‘(5) such claim concerns— 

11 ‘‘(A) an alternative included in the envi12 ronmental document; or 

13 ‘‘(B) an environmental effect considered in 

14 the environmental document. 

15 ‘‘(b) SUPPLEMENTAL ENVIRONMENTAL IMPACT

16 STATEMENT.— 

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

18 issuance of a Federal action resulting from a final 

19 supplemental environmental impact statement shall 

20 be considered a final agency action for the purposes 

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

22 from the issuance of any previous environmental im23 pact statement with respect to the same proposed 

24 agency action. 
113 

•HR 1 EH

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

2 seeking judicial review of a Federal action resulting 

3 from a final supplemental environmental review 

4 issued under section 102(2)(C) shall be barred un5 less— 

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

7 the date on which a notice of the Federal agen8 cy action resulting from a final supplemental 

9 environmental impact statement is issued; and 

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

11 contained in such supplemental environmental 

12 impact statement that was not contained in a 

13 previous environmental document pertaining to 

14 the same proposed agency action. 

15 ‘‘(c) PROHIBITION ON INJUNCTIVE RELIEF.—Not16 withstanding any other provision of law, a violation of this 

17 Act shall not constitute the basis for injunctive relief. 

18 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed to create a right of judicial review 

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

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

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

23 of law, no proposed agency action for which an environ24 mental document is required shall be vacated or otherwise 

25 limited, delayed, or enjoined unless a court concludes al-
114 

•HR 1 EH

1 lowing such proposed action will pose a risk of an immi2 nent and substantial environmental harm and there is no 

3 other equitable remedy available as a matter of law. 

4 ‘‘SEC. 109. DEFINITIONS. 

5 ‘‘In this title: 

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

7 ‘categorical exclusion’ means a category of actions 

8 that a Federal agency has determined normally does 

9 not significantly affect the quality of the human en10 vironment within the meaning of section 102(2)(C). 

11 ‘‘(2) COOPERATING AGENCY.—The term ‘co12 operating agency’ means any Federal, State, Tribal, 

13 or local agency that has been designated as a co14 operating agency under section 107(a)(3). 

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

16 Council on Environmental Quality established in 

17 title II. 

18 ‘‘(4) ENVIRONMENTAL ASSESSMENT.—The 

19 term ‘environmental assessment’ means an environ20 mental assessment prepared under section 

21 106(b)(2). 

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

23 ‘environmental document’ means an environmental 

24 impact statement, an environmental assessment, or 

25 a finding of no significant impact. 
115 

•HR 1 EH

1 ‘‘(6) ENVIRONMENTAL IMPACT STATEMENT.— 

2 The term ‘environmental impact statement’ means a 

3 detailed written statement that is required by section 

4 102(2)(C). 

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

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

7 determination by a Federal agency that a proposed 

8 agency action does not require the issuance of an en9 vironmental impact statement. 

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

11 ‘involved Federal agency’ means an agency that, 

12 with respect to a proposed agency action— 

13 ‘‘(A) proposed such action; or 

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

15 such action is directly related, through func16 tional interdependence or geographic proximity, 

17 to an action such agency has taken or has pro18 posed to take. 

19 ‘‘(9) LEAD AGENCY.— 

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

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

22 means, with respect to a proposed agency ac23 tion— 

24 ‘‘(i) the agency that proposed such ac25 tion; or 
116 

•HR 1 EH

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

2 Federal agencies with respect to such ac3 tion, the agency designated under section 

4 107(a)(1). 

5 ‘‘(B) SPECIFICATION FOR MINERAL EX6 PLORATION OR MINE PERMITS.—With respect 

7 to a proposed mineral exploration or mine per8 mit, the term ‘lead agency’ has the meaning 

9 given such term in section 40206(a) of the In10 frastructure Investment and Jobs Act. 

11 ‘‘(10) MAJOR FEDERAL ACTION.— 

12 ‘‘(A) IN GENERAL.—The term ‘major Fed13 eral action’ means an action that the agency 

14 carrying out such action determines is subject 

15 to substantial Federal control and responsi16 bility. 

17 ‘‘(B) EXCLUSION.—The term ‘major Fed18 eral action’ does not include— 

19 ‘‘(i) a non-Federal action— 

20 ‘‘(I) with no or minimal Federal 

21 funding; 

22 ‘‘(II) with no or minimal Federal 

23 involvement where a Federal agency 

24 cannot control the outcome of the 

25 project; or 
117 

•HR 1 EH

1 ‘‘(III) that does not include Fed2 eral land; 

3 ‘‘(ii) funding assistance solely in the 

4 form of general revenue sharing funds 

5 which do not provide Federal agency com6 pliance or enforcement responsibility over 

7 the subsequent use of such funds; 

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

9 forms of financial assistance where a Fed10 eral agency does not exercise sufficient 

11 control and responsibility over the effect of 

12 the action; 

13 ‘‘(iv) farm ownership and operating 

14 loan guarantees by the Farm Service 

15 Agency pursuant to sections 305 and 311 

16 through 319 of the Consolidated Farmers 

17 Home Administration Act of 1961 (7 

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

19 ‘‘(v) business loan guarantees pro20 vided by the Small Business Administra21 tion pursuant to section 7(a) or (b) and of 

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

23 636(a)), or title V of the Small Business 

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

25 seq.); 
118 

•HR 1 EH

1 ‘‘(vi) bringing judicial or administra2 tive civil or criminal enforcement actions; 

3 or 

4 ‘‘(vii) extraterritorial activities or deci5 sions, which means agency activities or de6 cisions with effects located entirely outside 

7 of the jurisdiction of the United States. 

8 ‘‘(C) ADDITIONAL EXCLUSIONS.—An agen9 cy action may not be determined to be a major 

10 Federal action on the basis of— 

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

12 or related project; or 

13 ‘‘(ii) the provision of Federal funds 

14 for the action or related project. 

15 ‘‘(11) MINERAL EXPLORATION OR MINE PER16 MIT.—The term ‘mineral exploration or mine permit’ 

17 has the meaning given such term in section 

18 40206(a) of the Infrastructure Investment and Jobs 

19 Act. 

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

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

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

23 or more alternative means of accomplishing that 

24 goal, and can meaningfully evaluate its effects. 
119 

•HR 1 EH

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

2 ‘reasonably foreseeable’ means likely to occur— 

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

4 agency begins preparing the environmental doc5 ument; and 

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

7 proposed agency action such that an individual 

8 of ordinary prudence would take such occur9 rence into account in reaching a decision. 

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

11 expertise’ means statutory responsibility, agency 

12 mission, or related program experience.’’. 

13 SEC. 20203. CODIFICATION OF NATIONAL ENVIRONMENTAL 

14 POLICY ACT REGULATIONS. 

15 The revisions to the Code of Federal Regulations 

16 made pursuant to the final rule of the Council on Environ17 mental Quality titled ‘‘Update to the Regulations Imple18 menting the Procedural Provisions of the National Envi19 ronmental Policy Act’’ and published on July 16, 2020 

20 (85 Fed. Reg. 43304), shall have the same force and effect 

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

22 SEC. 20204. NON-MAJOR FEDERAL ACTIONS. 

23 (a) EXEMPTION.—An action by the Secretary con24 cerned with respect to a covered activity shall be not con25 sidered a major Federal action under section 102(2)(C) 
120 

•HR 1 EH

1 of the National Environmental Policy Act of 1969 (42 

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

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

4 ‘‘covered activity’’ includes— 

5 (1) geotechnical investigations; 

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

7 (3) construction of meteorological towers where 

8 the total surface disturbance at the location is less 

9 than 5 acres; 

10 (4) adding a battery or other energy storage de11 vice to an existing or planned energy facility, if that 

12 storage resource is located within the physical foot13 print of the existing or planned energy facility; 

14 (5) drilling temperature gradient wells and 

15 other geothermal exploratory wells, including con16 struction or making improvements for such activi17 ties, where— 

18 (A) the last cemented casing string is less 

19 than 12 inches in diameter; and 

20 (B) the total unreclaimed surface disturb21 ance at any one time within the project area is 

22 less than 5 acres; 

23 (6) any repair, maintenance, upgrade, optimiza24 tion, or minor addition to existing transmission and 

25 distribution infrastructure, including— 
121 

•HR 1 EH

1 (A) operation, maintenance, or repair of 

2 power equipment and structures within existing 

3 substations, switching stations, transmission, 

4 and distribution lines; 

5 (B) the addition, modification, retirement, 

6 or replacement of breakers, transmission tow7 ers, transformers, bushings, or relays; 

8 (C) the voltage uprating, modification, 

9 reconductoring with conventional or advanced 

10 conductors, and clearance resolution of trans11 mission lines; 

12 (D) activities to minimize fire risk, includ13 ing vegetation management, routine fire mitiga14 tion, inspection, and maintenance activities, and 

15 removal of hazard trees and other hazard vege16 tation within or adjacent to an existing right-of17 way; 

18 (E) improvements to or construction of 

19 structure pads for such infrastructure; and 

20 (F) access and access route maintenance 

21 and repairs associated with any activity de22 scribed in subparagraph (A) through (E); 

23 (7) approval of and activities conducted in ac24 cordance with operating plans or agreements for 

25 transmission and distribution facilities or under a 
122 

•HR 1 EH

1 special use authorization for an electric transmission 

2 and distribution facility right-of-way; and 

3 (8) construction, maintenance, realignment, or 

4 repair of an existing permanent or temporary access 

5 road— 

6 (A) within an existing right-of-way or with7 in a transmission or utility corridor established 

8 by Congress or in a land use plan; 

9 (B) that serves an existing transmission 

10 line, distribution line, or energy facility; or 

11 (C) activities conducted in accordance with 

12 existing onshore oil and gas leases. 

13 SEC. 20205. NO NET LOSS DETERMINATION FOR EXISTING 

14 RIGHTS-OF-WAY. 

15 (a) IN GENERAL.—Upon a determination by the Sec16 retary concerned that there will be no overall long-term 

17 net loss of vegetation, soil, or habitat, as defined by acre18 age and function, resulting from a proposed action, deci19 sion, or activity within an existing right-of-way, within a 

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

21 an otherwise designated right-of-way, that action, deci22 sion, or activity shall not be considered a major Federal 

23 action under section 102(2)(C) of the National Environ24 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 
123 

•HR 1 EH

1 (b) INCLUSION OF REMEDIATION.—In making a de2 termination under subsection (a), the Secretary concerned 

3 shall consider the effect of any remediation work to be 

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

5 activity when determining whether there will be any over6 all long-term net loss of vegetation, soil, or habitat. 

7 SEC. 20206. DETERMINATION OF NATIONAL ENVIRON8 MENTAL POLICY ACT ADEQUACY. 

9 The Secretary concerned shall use previously com10 pleted environmental assessments and environmental im11 pact statements to satisfy the requirements of section 102 

12 of the National Environmental Policy Act of 1969 (42 

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

14 if such Secretary determines that— 

15 (1) the new proposed action is substantially the 

16 same as a previously analyzed proposed action or al17 ternative analyzed in a previous environmental as18 sessment or environmental impact statement; and 

19 (2) the effects of the proposed action are sub20 stantially the same as the effects analyzed in such 

21 existing environmental assessments or environmental 

22 impact statements. 

23 SEC. 20207. DETERMINATION REGARDING RIGHTS-OF-WAY. 

24 Not later than 60 days after the Secretary concerned 

25 receives an application to grant a right-of-way, the Sec-
124 

•HR 1 EH

1 retary concerned shall notify the applicant as to whether 

2 the application is complete or deficient. If the Secretary 

3 concerned determines the application is complete, the Sec4 retary concerned may not consider any other application 

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

6 parcels of land while such application is pending. 

7 SEC. 20208. TERMS OF RIGHTS-OF-WAY. 

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

9 (1) IN GENERAL.—Any right-of-way for pipe10 lines for the transportation or distribution of oil or 

11 gas granted, issued, amended, or renewed under 

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

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

14 renewal or amendment. 

15 (2) FEDERAL LAND POLICY AND MANAGEMENT

16 ACT OF 1976.—Section 501 of the Federal Land Pol17 icy and Management Act of 1976 (43 U.S.C. 1761) 

18 is amended by adding at the end the following: 

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

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

21 of not more than 50 years before such right-of-way is sub22 ject to renewal or amendment.’’. 

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

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

25 striking ‘‘thirty’’ and inserting ‘‘50’’. 
125 

•HR 1 EH

1 SEC. 20209. FUNDING TO PROCESS PERMITS AND DEVELOP 

2 INFORMATION TECHNOLOGY. 

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

4 2025, the Secretary of Agriculture (acting through the 

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

6 public notice, may accept and expend funds contributed 

7 by non-Federal entities for dedicated staff, information re8 source management, and information technology system 

9 development to expedite the evaluation of permits, biologi10 cal opinions, concurrence letters, environmental surveys 

11 and studies, processing of applications, consultations, and 

12 other activities for the leasing, development, or expansion 

13 of an energy facility under the jurisdiction of the respec14 tive Secretaries. 

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

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

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

18 impartial decision making with respect to permits, either 

19 substantively or procedurally. 

20 (c) STATEMENT FOR FAILURE TO ACCEPT OR EX21 PEND FUNDS.—Not later than 60 days after the end of 

22 the applicable fiscal year, if the Secretary of Agriculture 

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

24 the Interior does not accept funds contributed under sub25 section (a) or accepts but does not expend such funds, that 

26 Secretary shall submit to the Committee on Natural Re-
126 

•HR 1 EH

1 sources of the House of Representatives and the Com2 mittee on Energy and Natural Resources of the Senate 

3 a statement explaining why such funds were not accepted, 

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

5 (d) PROHIBITION.—Notwithstanding any other provi6 sion of law, the Secretary of Agriculture (acting through 

7 the Forest Service) and the Secretary of the Interior may 

8 not accept contributions, as authorized by subsection (a), 

9 from non-Federal entities owned by the Communist Party 

10 of China (or a person or entity acting on behalf of the 

11 Communist Party of China). 

12 (e) REPORT ON NON-FEDERAL ENTITIES.—Not later 

13 than 60 days after the end of the applicable fiscal year, 

14 the Secretary of Agriculture (acting through the Forest 

15 Service) and the Secretary of the Interior shall submit to 

16 the Committee on Natural Resources of the House of Rep17 resentatives and the Committee on Energy and Natural 

18 Resources of the Senate a report that includes, for each 

19 expenditure authorized by subsection (a)— 

20 (1) the amount of funds accepted; and 

21 (2) the contributing non-Federal entity. 

22 SEC. 20210. OFFSHORE GEOLOGICAL AND GEOPHYSICAL 

23 SURVEY LICENSING. 

24 The Secretary of the Interior shall authorize geologi25 cal and geophysical surveys related to oil and gas activities 
127 

•HR 1 EH

1 on the Gulf of Mexico Outer Continental Shelf, except 

2 within areas subject to existing oil and gas leasing mora3 toria. Such authorizations shall be issued within 30 days 

4 of receipt of a completed application and shall, as applica5 ble to survey type, comply with the mitigation and moni6 toring measures in subsections (a), (b), (c), (d), (f), and 

7 (g) of section 217.184 of title 50, Code of Federal Regula8 tions (as in effect on January 1, 2022), and section 

9 217.185 of title 50, Code of Federal Regulations (as in 

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

11 surveys authorized pursuant to this section are deemed to 

12 be in full compliance with the Marine Mammal Protection 

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

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

15 implementing regulations. 

16 SEC. 20211. DEFERRAL OF APPLICATIONS FOR PERMITS TO 

17 DRILL. 

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

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

20 following: 

21 ‘‘(D) DEFERRAL BASED ON FORMATTING

22 ISSUES.—A decision on an application for a 

23 permit to drill may not be deferred under para24 graph (2)(B) as a result of a formatting issue 
128 

•HR 1 EH

1 with the permit, unless such formatting issue 

2 results in missing information.’’. 

3 SEC. 20212. PROCESSING AND TERMS OF APPLICATIONS 

4 FOR PERMITS TO DRILL. 

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

6 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is 

7 amended by adding at the end the following: 

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

9 PROCESSING APPLICATIONS FOR PERMITS TO

10 DRILL.—Pursuant to the requirements of paragraph 

11 (2), notwithstanding the existence of any pending 

12 civil actions affecting the application or related 

13 lease, the Secretary shall process an application for 

14 a permit to drill or other authorizations or approvals 

15 under a valid existing lease, unless a United States 

16 Federal court vacated such lease. Nothing in this 

17 paragraph shall be construed as providing authority 

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

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

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

21 by adding at the end the following: 

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

23 issued under this section after the date of the enactment 

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

25 from the date that the permit is approved, or until the 
129 

•HR 1 EH

1 lease regarding which the permit is issued expires, which2 ever occurs first.’’. 

3 SEC. 20213. AMENDMENTS TO THE ENERGY POLICY ACT OF 

4 2005. 

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

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

7 ‘‘SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT RE8 VIEW. 

9 ‘‘(a) NATIONAL ENVIRONMENTAL POLICY ACT RE10 VIEW.—Action by the Secretary of the Interior, in man11 aging the public lands, or the Secretary of Agriculture, 

12 in managing National Forest System lands, with respect 

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

14 not be considered a major Federal action for the purposes 

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

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

17 Mineral Leasing Act (30 U.S.C. 181 et seq.) for the pur18 pose of exploration or development of oil or gas. 

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

20 an action of the Secretary of the Interior or the Secretary 

21 of Agriculture on Indian lands or resources managed in 

22 trust for the benefit of Indian Tribes. 

23 ‘‘(c) ACTIVITIES DESCRIBED.—The activities re24 ferred to in subsection (a) are as follows: 
130 

•HR 1 EH

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

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

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

4 new surface disturbance is contiguous with the foot5 print of the original authorization and does not ex6 ceed 20 acres or the acreage has previously been 

7 evaluated in a document previously prepared under 

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

9 Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with re10 spect to such activity: 

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

12 pad site at which drilling has occurred pre13 viously. 

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

15 well pad site to accommodate an additional well. 

16 ‘‘(C) Expansion or modification of an ex17 isting oil or gas well pad site, road, pipeline, fa18 cility, or utility submitted in a sundry notice. 

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

20 pad site, provided that the new surface disturbance 

21 does not exceed 20 acres and the acreage evaluated 

22 in a document previously prepared under section 

23 102(2)(C) of the National Environmental Policy Act 

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

25 activity, whichever is greater. 
131 

•HR 1 EH

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

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

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

4 use plan. 

5 ‘‘(5) The following activities when conducted 

6 from non-Federal surface into federally owned min7 erals, provided that the operator submits to the Sec8 retary concerned certification of a surface use agree9 ment with the non-Federal landowner: 

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

11 pad site at which drilling has occurred pre12 viously. 

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

14 well pad site to accommodate an additional well. 

15 ‘‘(C) Expansion or modification of an ex16 isting oil or gas well pad site, road, pipeline, fa17 cility, or utility submitted in a sundry notice. 

18 ‘‘(6) Drilling of an oil or gas well from non19 Federal surface and non-Federal subsurface into 

20 Federal mineral estate. 

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

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

23 miles in total. 
132 

•HR 1 EH

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

2 pipelines or utilities, regardless of surface owner3 ship.’’. 

4 SEC. 20214. ACCESS TO FEDERAL ENERGY RESOURCES 

5 FROM NON-FEDERAL SURFACE ESTATE. 

6 (a) OIL AND GAS PERMITS.—Section 17 of the Min7 eral Leasing Act (30 U.S.C. 226) is further amended by 

8 adding at the end the following: 

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

10 GAS ACTIVITIES ON CERTAIN LAND.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall not re12 quire an operator to obtain a Federal drilling permit 

13 for oil and gas exploration and production activities 

14 conducted on non-Federal surface estate, provided 

15 that— 

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

17 interest of less than 50 percent of the sub18 surface mineral estate to be accessed by the 

19 proposed action; and 

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

21 a State permit to conduct oil and gas explo22 ration and production activities on the non-Fed23 eral surface estate. 
133 

•HR 1 EH

1 ‘‘(2) NO FEDERAL ACTION.—An oil and gas ex2 ploration and production activity carried out under 

3 paragraph (1)— 

4 ‘‘(A) shall not be considered a major Fed5 eral action for the purposes of section 

6 102(2)(C) of the National Environmental Policy 

7 Act of 1969; 

8 ‘‘(B) shall require no additional Federal 

9 action; 

10 ‘‘(C) may commence 30 days after submis11 sion of the State permit to the Secretary; and 

12 ‘‘(D) shall not be subject to— 

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

14 States Code (commonly known as the Na15 tional Historic Preservation Act of 1966); 

16 and 

17 ‘‘(ii) section 7 of the Endangered Spe18 cies Act of 1973 (16 U.S.C. 1536). 

19 ‘‘(3) ROYALTIES AND PRODUCTION ACCOUNT20 ABILITY.—(A) Nothing in this subsection shall affect 

21 the amount of royalties due to the United States 

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

23 or alter the Secretary’s authority to conduct audits 

24 and collect civil penalties pursuant to the Federal 
134 

•HR 1 EH

1 Oil and Gas Royalty Management Act of 1982 (30 

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

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

4 and inspections to ensure proper accountability, 

5 measurement, and reporting of production of Fed6 eral oil and gas, and payment of royalties. 

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

8 apply to actions on Indian lands or resources man9 aged in trust for the benefit of Indian Tribes. 

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

11 term ‘Indian land’ means— 

12 ‘‘(A) any land located within the bound13 aries of an Indian reservation, pueblo, or 

14 rancheria; and 

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

16 boundaries of an Indian reservation, pueblo, or 

17 rancheria, the title to which is held— 

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

19 the benefit of an Indian tribe or an indi20 vidual Indian; 

21 ‘‘(ii) by an Indian tribe or an indi22 vidual Indian, subject to restriction against 

23 alienation under laws of the United States; 

24 or 
135 

•HR 1 EH

1 ‘‘(iii) by a dependent Indian commu2 nity.’’. 

3 (b) GEOTHERMAL PERMITS.—The Geothermal 

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

5 by adding at the end the following: 

6 ‘‘SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEO7 THERMAL ACTIVITIES ON CERTAIN LAND. 

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

9 an operator to obtain a Federal drilling permit for geo10 thermal exploration and production activities conducted on 

11 a non-Federal surface estate, provided that— 

12 ‘‘(1) the United States holds an ownership in13 terest of less than 50 percent of the subsurface geo14 thermal estate to be accessed by the proposed action; 

15 and 

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

17 State permit to conduct geothermal exploration and 

18 production activities on the non-Federal surface es19 tate. 

20 ‘‘(b) NO FEDERAL ACTION.—A geothermal explo21 ration and production activity carried out under para22 graph (1)— 

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

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

25 National Environmental Policy Act of 1969; 
136 

•HR 1 EH

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

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

3 of the State permit to the Secretary; and 

4 ‘‘(4) shall not be subject to— 

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

6 States Code (commonly known as the National 

7 Historic Preservation Act of 1966); and 

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

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

10 ‘‘(c) ROYALTIES AND PRODUCTION ACCOUNT11 ABILITY.—(1) Nothing in this section shall affect the 

12 amount of royalties due to the United States under this 

13 Act from the production of electricity using geothermal re14 sources (other than direct use of geothermal resources) or 

15 the production of any byproducts. 

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

17 inspections to ensure proper accountability, measurement, 

18 and reporting of the production described in paragraph 

19 (1), and payment of royalties. 

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

21 actions on Indian lands or resources managed in trust for 

22 the benefit of Indian Tribes. 

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

24 land’ means— 
137 

•HR 1 EH

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

2 an Indian reservation, pueblo, or rancheria; and 

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

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

5 title to which is held— 

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

7 benefit of an Indian tribe or an individual In8 dian; 

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

10 Indian, subject to restriction against alienation 

11 under laws of the United States; or 

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

13 SEC. 20215. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL 

14 AND GAS LEASES. 

15 An environmental review for an oil and gas lease or 

16 permit prepared pursuant to the requirements of the Na17 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

18 et seq.) and its implementing regulations— 

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

20 immediately adjacent to the lease plot or plots and 

21 that are directly affected by the proposed action; 

22 and 

23 (2) shall not require consideration of down24 stream, indirect effects of oil and gas consumption. 
138 

•HR 1 EH

1 SEC. 20216. EXPEDITING APPROVAL OF GATHERING LINES. 

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

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

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

5 defined in section 1508.1 of title 40, Code of Federal Reg6 ulations (as in effect on the date of enactment of this 

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

8 SEC. 20217. LEASE SALE LITIGATION. 

9 Notwithstanding any other provision of law, any oil 

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

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

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

13 vacated and activities on leases awarded in the sale shall 

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

15 court concludes allowing development of the challenged 

16 lease will pose a risk of an imminent and substantial envi17 ronmental harm and there is no other equitable remedy 

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

19 action brought pursuant to the National Environmental 

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

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

22 a lease sale conducted pursuant to section 17 of the Min23 eral Leasing Act (26 U.S.C. 226) or the Outer Continental 

24 Shelf Lands Act (43 U.S.C. 1331 et seq.) if the Depart25 ment of the Interior has previously opened bids for such 
139 

•HR 1 EH

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

2 included in such lease sale. 

3 SEC. 20218. LIMITATION ON CLAIMS. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, a claim arising under Federal law seeking ju6 dicial review of a permit, license, or approval issued by 

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

8 energy storage device shall be barred unless— 

9 (1) the claim is filed within 120 days after pub10 lication of a notice in the Federal Register announc11 ing that the permit, license, or approval is final pur12 suant to the law under which the agency action is 

13 taken, unless a shorter time is specified in the Fed14 eral law pursuant to which judicial review is allowed; 

15 and 

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

17 a comment during the public comment period for 

18 such permit, license, or approval and such comment 

19 was sufficiently detailed to put the agency on notice 

20 of the issue upon which the party seeks judicial re21 view. 

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

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

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

25 license, or approval. 
140 

•HR 1 EH

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

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

3 139(l)(1) of title 23, United States Code. 

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

5 ‘‘mineral project’’ means a project— 

6 (1) located on— 

7 (A) a mining claim, millsite claim, or tun8 nel site claim for any mineral; 

9 (B) lands open to mineral entry; or 

10 (C) a Federal mineral lease; and 

11 (2) for the purposes of exploring for or pro12 ducing minerals. 

13 SEC. 20219. GOVERNMENT ACCOUNTABILITY OFFICE RE14 PORT ON PERMITS TO DRILL. 

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

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

17 United States shall issue a report detailing— 

18 (1) the approval timelines for applications for 

19 permits to drill issued by the Bureau of Land Man20 agement from 2018 through 2022; 

21 (2) the number of applications for permits to 

22 drill that were not issued within 30 days of receipt 

23 of a completed application; and 

24 (3) the causes of delays resulting in applica25 tions for permits to drill pending beyond the 30 day 
141 

•HR 1 EH

1 deadline required under section 17(p)(2) of the Min2 eral Leasing Act (30 U.S.C. 226(p)(2)). 

3 (b) RECOMMENDATIONS.—The report issued under 

4 subsection (a) shall include recommendations with respect 

5 to— 

6 (1) actions the Bureau of Land Management 

7 can take to streamline the approval process for ap8 plications for permits to drill to approve applications 

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

10 completed application; 

11 (2) aspects of the Federal permitting process 

12 carried out by the Bureau of Land Management to 

13 issue applications for permits to drill that can be 

14 turned over to States to expedite approval of appli15 cations for permits to drill; and 

16 (3) legislative actions that Congress must take 

17 to allow States to administer certain aspects of the 

18 Federal permitting process described in paragraph 

19 (2). 

20 SEC. 20220. E–NEPA. 

21 (a) PERMITTING PORTAL STUDY.—The Council on 

22 Environmental Quality shall conduct a study and submit 

23 a report to Congress within 1 year of the enactment of 

24 this Act on the potential to create an online permitting 

25 portal for permits that require review under section 
142 

•HR 1 EH

1 102(2)(C) of the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4332(2)(C)) that would— 

3 (1) allow applicants to— 

4 (A) submit required documents or mate5 rials for their application in one unified portal; 

6 (B) upload additional documents as re7 quired by the applicable agency; and 

8 (C) track the progress of individual appli9 cations; 

10 (2) enhance interagency coordination in con11 sultation by— 

12 (A) allowing for comments in one unified 

13 portal; 

14 (B) centralizing data necessary for reviews; 

15 and 

16 (C) streamlining communications between 

17 other agencies and the applicant; and 

18 (3) boost transparency in agency decision19 making. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated $500,000 for the Council 

22 of Environmental Quality to carry out the study directed 

23 by this section. 
143 

•HR 1 EH

1 SEC. 20221. LIMITATIONS ON CLAIMS. 

2 (a) IN GENERAL.—Section 139(l) of title 23, United 

3 States Code, is amended by striking ‘‘150 days’’ each 

4 place it appears and inserting ‘‘90 days’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) Section 330(e) of title 23, United States 

7 Code, is amended— 

8 (A) in paragraph (2)(A), by striking ‘‘150 

9 days’’ and inserting ‘‘90 days’’; and 

10 (B) in paragraph (3)(B)(i), by striking 

11 ‘‘150 days’’ and inserting ‘‘90 days’’. 

12 (2) Section 24201(a)(4) of title 49, United 

13 States Code, is amended by striking ‘‘of 150 days’’. 

14 SEC. 20222. ONE FEDERAL DECISION FOR PIPELINES. 

15 (a) IN GENERAL.—Chapter 601 of title 49, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 60144. Efficient environmental reviews and one 

19 Federal decision 

20 ‘‘(a) EFFICIENT ENVIRONMENTAL REVIEWS.— 

21 ‘‘(1) IN GENERAL.—The Secretary of Transpor22 tation shall apply the project development proce23 dures, to the greatest extent feasible, described in 

24 section 139 of title 23 to any pipeline project that 

25 requires the approval of the Secretary under the Na-
144 

•HR 1 EH

1 tional Environmental Policy Act of 1969 (42 U.S.C. 

2 4321 et seq.). 

3 ‘‘(2) REGULATIONS AND PROCEDURES.—In car4 rying out paragraph (1), the Secretary shall incor5 porate into agency regulations and procedures per6 taining to pipeline projects described in paragraph 

7 (1) aspects of such project development procedures, 

8 or portions thereof, determined appropriate by the 

9 Secretary in a manner consistent with this section, 

10 that increase the efficiency of the review of pipeline 

11 projects. 

12 ‘‘(3) DISCRETION.—The Secretary may choose 

13 not to incorporate into agency regulations and proce14 dures pertaining to pipeline projects described in 

15 paragraph (1) such project development procedures 

16 that could only feasibly apply to highway projects, 

17 public transportation capital projects, and 

18 multimodal projects. 

19 ‘‘(4) APPLICABILITY.—Subsection (l) of section 

20 139 of title 23 shall apply to pipeline projects de21 scribed in paragraph (1). 

22 ‘‘(b) ADDITIONAL CATEGORICAL EXCLUSIONS.—The 

23 Secretary shall maintain and make publicly available, in24 cluding on the Internet, a database that identifies project- 
145 

•HR 1 EH

1 specific information on the use of a categorical exclusion 

2 on any pipeline project carried out under this title.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chap4 ter 601 of title 49, United States Code, is amended by 

5 adding at the end the following: 

‘‘60144. Efficient environmental reviews and one Federal decision.’’. 

6 SEC. 20223. EXEMPTION OF CERTAIN WILDFIRE MITIGA7 TION ACTIVITIES FROM CERTAIN ENVIRON8 MENTAL REQUIREMENTS. 

9 (a) IN GENERAL.—Wildfire mitigation activities of 

10 the Secretary of the Interior and the Secretary of Agri11 culture may be carried out without regard to the provi12 sions of law specified in subsection (b). 

13 (b) PROVISIONS OF LAW SPECIFIED.—The provisions 

14 of law specified in this section are all Federal, State, or 

15 other laws, regulations, and legal requirements of, deriving 

16 from, or related to the subject of, the following laws: 

17 (1) Section 102(2)(C) of the National Environ18 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 

19 (2) The Endangered Species Act of 1973 (16 

20 U.S.C. 1531 et seq.). 

21 (c) WILDFIRE MITIGATION ACTIVITY.—For purposes 

22 of this section, the term ‘‘wildfire mitigation activity’’— 

23 (1) is an activity conducted on Federal land 

24 that is— 
146 

•HR 1 EH

1 (A) under the administration of the Direc2 tor of the National Park System, the Director 

3 of the Bureau of Land Management, or the 

4 Chief of the Forest Service; and 

5 (B) within 300 feet of any permanent or 

6 temporary road, as measured from the center of 

7 such road; and 

8 (2) includes forest thinning, hazardous fuel re9 duction, prescribed burning, and vegetation manage10 ment. 

11 SEC. 20224. VEGETATION MANAGEMENT, FACILITY INSPEC12 TION, AND OPERATION AND MAINTENANCE 

13 RELATING TO ELECTRIC TRANSMISSION AND 

14 DISTRIBUTION FACILITY RIGHTS OF WAY. 

15 (a) HAZARD TREES WITHIN 50 FEET OF ELECTRIC

16 POWER LINE.—Section 512(a)(1)(B)(ii) of the Federal 

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

18 1772(a)(1)(B)(ii)) is amended by striking ‘‘10’’ and in19 serting ‘‘50’’. 

20 (b) CONSULTATION WITH PRIVATE LANDOWNERS.— 

21 Section 512(c)(3)(E) of the Federal Land Policy and 

22 Management Act of 1976 (43 U.S.C. 1772(c)(3)(E)) is 

23 amended— 

24 (1) in clause (i), by striking ‘‘and’’ at the end; 
147 

•HR 1 EH

1 (2) in clause (ii), by striking the period and in2 serting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(iii) consulting with private land5 owners with respect to any hazard trees 

6 identified for removal from land owned by 

7 such private landowners.’’. 

8 (c) REVIEW AND APPROVAL PROCESS.—Clause (iv) 

9 of section 512(c)(4)(A) of the Federal Land Policy and 

10 Management Act of 1976 (43 U.S.C. 1772(c)(4)(A)) is 

11 amended to read as follows: 

12 ‘‘(iv) ensures that— 

13 ‘‘(I) a plan submitted without a 

14 modification under clause (iii) shall be 

15 automatically approved 60 days after 

16 review; and 

17 ‘‘(II) a plan submitted with a 

18 modification under clause (iii) shall be 

19 automatically approved 67 days after 

20 review.’’. 

21 SEC. 20225. CATEGORICAL EXCLUSION FOR ELECTRIC UTIL22 ITY LINES RIGHTS-OF-WAY. 

23 (a) SECRETARY CONCERNED DEFINED.—In this sec24 tion, the term ‘‘Secretary concerned’’ means— 
148 

•HR 1 EH

1 (1) the Secretary of Agriculture, with respect to 

2 National Forest System lands; and 

3 (2) the Secretary of the Interior, with respect 

4 to public lands. 

5 (b) CATEGORICAL EXCLUSION ESTABLISHED.—For6 est management activities described in subsection (c) are 

7 a category of activities designated as being categorically 

8 excluded from the preparation of an environmental assess9 ment or an environmental impact statement under section 

10 102 of the National Environmental Policy Act of 1969 (42 

11 U.S.C. 4332). 

12 (c) FOREST MANAGEMENT ACTIVITIES DESIGNATED

13 FOR CATEGORICAL EXCLUSION.—The forest management 

14 activities designated as being categorically excluded under 

15 subsection (b) are— 

16 (1) the development and approval of a vegeta17 tion management, facility inspection, and operation 

18 and maintenance plan submitted under section 

19 512(c)(1) of the Federal Land Policy and Manage20 ment Act of 1976 (43 U.S.C. 1772(c)(1)) by the 

21 Secretary concerned; and 

22 (2) the implementation of routine activities con23 ducted under the plan referred to in paragraph (1). 

24 (d) AVAILABILITY OF CATEGORICAL EXCLUSION.— 

25 On and after the date of the enactment of this Act, the 
149 

•HR 1 EH

1 Secretary concerned may use the categorical exclusion es2 tablished under subsection (b) in accordance with this sec3 tion. 

4 (e) EXTRAORDINARY CIRCUMSTANCES.—Use of the 

5 categorical exclusion established under subsection (b) shall 

6 not be subject to the extraordinary circumstances proce7 dures in section 220.6, title 36, Code of Federal Regula8 tions, or section 1508.4, title 40, Code of Federal Regula9 tions. 

10 (f) EXCLUSION OF CERTAIN AREAS.—The categor11 ical exclusion established under subsection (b) shall not 

12 apply to any forest management activity conducted— 

13 (1) in a component of the National Wilderness 

14 Preservation System; or 

15 (2) on National Forest System lands on which, 

16 by Act of Congress, the removal of vegetation is re17 stricted or prohibited. 

18 (g) PERMANENT ROADS.— 

19 (1) PROHIBITION ON ESTABLISHMENT.—A for20 est management activity designated under subsection 

21 (c) shall not include the establishment of a perma22 nent road. 

23 (2) EXISTING ROADS.—The Secretary con24 cerned may carry out necessary maintenance and re25 pair on an existing permanent road for the purposes 
150 

•HR 1 EH

1 of conducting a forest management activity des2 ignated under subsection (c). 

3 (3) TEMPORARY ROADS.—The Secretary con4 cerned shall decommission any temporary road con5 structed for a forest management activity designated 

6 under subsection (c) not later than 3 years after the 

7 date on which the action is completed. 

8 (h) APPLICABLE LAWS.—A forest management activ9 ity designated under subsection (c) shall not be subject 

10 to section 7 of the Endangered Species Act of 1973 (16 

11 U.S.C. 1536), section 106 of the National Historic Preser12 vation Act, or any other applicable law. 

13 SEC. 20226. STAFFING PLANS. 

14 (a) IN GENERAL.—Not later than 365 days after the 

15 date of enactment of this Act, each local unit of the Na16 tional Park Service, Bureau of Land Management, and 

17 Forest Service shall conduct an outreach plan for dissemi18 nating and advertising open civil service positions with 

19 functions relating to permitting or natural resources in 

20 their offices. Each such plan shall include outreach to local 

21 high schools, community colleges, institutions of higher 

22 education, and any other relevant institutions, as deter23 mined by the Secretary of the Interior or the Secretary 

24 of Agriculture (as the case may be). 
151 

•HR 1 EH

1 (b) COLLABORATION PERMITTED.—Such local units 

2 of the National Park Service, Bureau of Land Manage3 ment, and Forest Service located in reasonably close geo4 graphic areas may collaborate to produce a joint outreach 

5 plan that meets the requirements of subsection (a). 

6 TITLE III—PERMITTING FOR 

7 MINING NEEDS 

8 SEC. 20301. DEFINITIONS. 

9 In this title: 

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

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

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

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

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

15 Indian Self-Determination and Education Assistance 

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

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

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

19 not limited to, such minerals located on ‘‘lands ac20 quired by the United States’’, as such term is de21 fined in section 2 of the Mineral Leasing Act for Ac22 quired Lands) under the Act of May 10, 1872 

23 (Chapter 152; 17 Stat. 91). 
152 

•HR 1 EH

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

2 the term ‘‘Secretary’’ means the Secretary of the In3 terior. 

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

5 (A) a State; 

6 (B) the District of Columbia; 

7 (C) the Commonwealth of Puerto Rico; 

8 (D) Guam; 

9 (E) American Samoa; 

10 (F) the Commonwealth of the Northern 

11 Mariana Islands; and 

12 (G) the United States Virgin Islands. 

13 SEC. 20302. MINERALS SUPPLY CHAIN AND RELIABILITY. 

14 Section 40206 of the Infrastructure Investment and 

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

16 (1) in the section heading, by striking ‘‘CRIT17 ICAL MINERALS’’ and inserting ‘‘MINERALS’’; 

18 (2) by amending subsection (a) to read as fol19 lows: 

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

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

22 means the Federal agency with primary responsi23 bility for issuing a mineral exploration or mine per24 mit or lease for a mineral project. 
153 

•HR 1 EH

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

2 meaning given such term in section 20301 of the 

3 TAPP American Resources Act. 

4 ‘‘(3) MINERAL EXPLORATION OR MINE PER5 MIT.—The term ‘mineral exploration or mine permit’ 

6 means— 

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

8 Land Management or the Forest Service, as ap9 plicable, for exploration for minerals that re10 quires analysis under the National Environ11 mental Policy Act of 1969; 

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

13 project approved by the Bureau of Land Man14 agement or the Forest Service; or 

15 ‘‘(C) any other Federal permit or author16 ization for a mineral project. 

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

18 project’ means a project— 

19 ‘‘(A) located on— 

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

21 tunnel site claim for any mineral; 

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

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

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

25 producing minerals.’’; 
154 

•HR 1 EH

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

2 place such term appears; 

3 (4) in subsection (c)— 

4 (A) by striking ‘‘critical mineral production 

5 on Federal land’’ and inserting ‘‘mineral 

6 projects’’; 

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

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

9 practicable’’; 

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

11 inserting ‘‘shall complete such’’; 

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

13 mineral-related activities on Federal land’’ and 

14 inserting ‘‘mineral projects’’; 

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

16 ‘‘and’’ at the end; 

17 (F) in paragraph (9), by striking ‘‘proce18 dures.’’ and inserting ‘‘procedures; and’’; and 

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

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

21 analyses, and reviews performed by State agencies 

22 with jurisdiction over the environmental or reclama23 tion permits for the proposed mineral project.’’; 

24 (5) in subsection (d)— 
155 

•HR 1 EH

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

2 term appears; and 

3 (B) in paragraph (3), by striking ‘‘mineral4 related activities on Federal land’’ and inserting 

5 ‘‘mineral projects’’; 

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

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

8 place such term appears; 

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

10 place such term appears; and 

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

12 ‘‘(h) OTHER REQUIREMENTS.— 

13 ‘‘(1) MEMORANDUM OF AGREEMENT.—For pur14 poses of maximizing efficiency and effectiveness of 

15 the Federal permitting and review processes de16 scribed under subsection (c), the lead agency in the 

17 Federal permitting and review processes of a min18 eral project shall (in consultation with any other 

19 Federal agency involved in such Federal permitting 

20 and review processes, and upon request of the 

21 project applicant, an affected State government, 

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

23 such lead agency determines appropriate) enter into 

24 a memorandum of agreement with a project appli-
156 

•HR 1 EH

1 cant where requested by the applicant to carry out 

2 the activities described in subsection (c). 

3 ‘‘(2) TIMELINES AND SCHEDULES FOR NEPA

4 REVIEWS.— 

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

6 may enter into 1 or more agreements with a 

7 lead agency to extend the deadlines described in 

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

9 of section 107 of title I of the National Envi10 ronmental Policy Act of 1969 by, with respect 

11 to each such agreement, not more than 6 

12 months. 

13 ‘‘(B) ADJUSTMENT OF TIMELINES.—At 

14 the request of a project applicant, the lead 

15 agency and any other entity which is a signa16 tory to a memorandum of agreement under 

17 paragraph (1) may, by unanimous agreement, 

18 adjust— 

19 ‘‘(i) any deadlines described in sub20 paragraph (A); and 

21 ‘‘(ii) any deadlines extended under 

22 subparagraph (B). 

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

24 Upon a written request by a project applicant, the 

25 requirements of this subsection shall apply to any 
157 

•HR 1 EH

1 application for a mineral exploration or mine permit 

2 or mineral lease that was submitted before the date 

3 of the enactment of the TAPP American Resources 

4 Act.’’. 

5 SEC. 20303. FEDERAL REGISTER PROCESS IMPROVEMENT. 

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

7 U.S.C. 1606(f)) is amended— 

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

9 places such term appears; and 

10 (2) by striking paragraph (4). 

11 SEC. 20304. DESIGNATION OF MINING AS A COVERED SEC12 TOR FOR FEDERAL PERMITTING IMPROVE13 MENT PURPOSES. 

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

15 4370m(6)(A)) is amended by inserting ‘‘mineral produc16 tion,’’ before ‘‘or any other sector’’. 

17 SEC. 20305. TREATMENT OF ACTIONS UNDER PRESI18 DENTIAL DETERMINATION 2022–11 FOR FED19 ERAL PERMITTING IMPROVEMENT PUR20 POSES. 

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

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

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

24 section 41001(6) of the FAST Act (42 U.S.C. 
158 

•HR 1 EH

1 4370m(6)), without regard to the requirements of 

2 that section; and 

3 (2) included in the Permitting Dashboard main4 tained pursuant to section 41003(b) of that Act (42 

5 13 U.S.C. 4370m–2(b)). 

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

7 this subsection is an action taken by the Secretary of De8 fense pursuant to Presidential Determination 2022–11 

9 (87 Fed. Reg. 19775; relating to certain actions under 

10 section 303 of the Defense Production Act of 1950) or 

11 the Presidential Memorandum of February 27, 2023, ti12 tled ‘‘Presidential Waiver of Statutory Requirements Pur13 suant to Section 303 of the Defense Production Act of 

14 1950, as amended, on Department of Defense Supply 

15 Chains Resilience’’ (88 Fed. Reg. 13015) to create, main16 tain, protect, expand, or restore sustainable and respon17 sible domestic production capabilities through— 

18 (1) supporting feasibility studies for mature 

19 mining, beneficiation, and value-added processing 

20 projects; 

21 (2) byproduct and co-product production at ex22 isting mining, mine waste reclamation, and other in23 dustrial facilities; 
159 

•HR 1 EH

1 (3) modernization of mining, beneficiation, and 

2 value-added processing to increase productivity, envi3 ronmental sustainability, and workforce safety; or 

4 (4) any other activity authorized under section 

5 303(a)(1) of the Defense Production Act of 1950 15 

6 (50 U.S.C. 4533(a)(1)). 

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

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

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

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

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

12 action not be treated as a covered project. 

13 SEC. 20306. NOTICE FOR MINERAL EXPLORATION ACTIVI14 TIES WITH LIMITED SURFACE DISTURBANCE. 

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

16 commencing an exploration activity with a surface disturb17 ance of not more than 5 acres of public lands, the operator 

18 of such exploration activity shall submit to the Secretary 

19 concerned a complete notice of such exploration activity. 

20 (b) INCLUSIONS.—Notice submitted under subsection 

21 (a) shall include such information the Secretary concerned 

22 may require, including the information described in sec23 tion 3809.301 of title 43, Code of Federal Regulations (or 

24 any successor regulation). 
160 

•HR 1 EH

1 (c) REVIEW.—Not later than 15 days after the Sec2 retary concerned receives notice submitted under sub3 section (a), the Secretary concerned shall— 

4 (1) review and determine completeness of the 

5 notice; and 

6 (2) allow exploration activities to proceed if— 

7 (A) the surface disturbance of such explo8 ration activities on such public lands will not 

9 exceed 5 acres; 

10 (B) the Secretary concerned determines 

11 that the notice is complete; and 

12 (C) the operator provides financial assur13 ance that the Secretary concerned determines is 

14 adequate. 

15 (d) DEFINITIONS.—In this section: 

16 (1) EXPLORATION ACTIVITY.—The term ‘‘explo17 ration activity’’— 

18 (A) means creating surface disturbance 

19 greater than casual use that includes sampling, 

20 drilling, or developing surface or underground 

21 workings to evaluate the type, extent, quantity, 

22 or quality of mineral values present; 

23 (B) includes constructing drill roads and 

24 drill pads, drilling, trenching, excavating test 
161 

•HR 1 EH

1 pits, and conducting geotechnical tests and geo2 physical surveys; and 

3 (C) does not include activities where mate4 rial is extracted for commercial use or sale. 

5 (2) SECRETARY CONCERNED.—The term ‘‘Sec6 retary concerned’’ means— 

7 (A) with respect to lands administered by 

8 the Secretary of the Interior, the Secretary of 

9 the Interior; and 

10 (B) with respect to National Forest Sys11 tem lands, the Secretary of Agriculture. 

12 SEC. 20307. USE OF MINING CLAIMS FOR ANCILLARY AC13 TIVITIES. 

14 Section 10101 of the Omnibus Budget Reconciliation 

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

16 end the following: 

17 ‘‘(e) SECURITY OF TENURE.— 

18 ‘‘(1) IN GENERAL.— 

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

20 the right to use, occupy, and conduct operations 

21 on public land, with or without the discovery of 

22 a valuable mineral deposit, if— 

23 ‘‘(i) such claimant makes a timely 

24 payment of the location fee required by 
162 

•HR 1 EH

1 section 10102 and the claim maintenance 

2 fee required by subsection (a); or 

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

4 qualifies for a waiver under subsection (d), 

5 such claimant makes a timely payment of 

6 the location fee and complies with the re7 quired assessment work under the general 

8 mining laws. 

9 ‘‘(B) OPERATIONS DEFINED.—For the 

10 purposes of this paragraph, the term ‘oper11 ations’ means— 

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

13 in connection with prospecting, exploration, 

14 processing, discovery and assessment, de15 velopment, or extraction with respect to a 

16 locatable mineral; 

17 ‘‘(ii) the reclamation of any disturbed 

18 areas; and 

19 ‘‘(iii) any other reasonably incident 

20 uses, whether on a mining claim or not, in21 cluding the construction and maintenance 

22 of facilities, roads, transmission lines, pipe23 lines, and any other necessary infrastruc24 ture or means of access on public land for 

25 support facilities. 
163 

•HR 1 EH

1 ‘‘(2) FULFILLMENT OF FEDERAL LAND POLICY

2 AND MANAGEMENT ACT.—A claimant that fulfills 

3 the requirements of this section and section 10102 

4 shall be deemed to satisfy the requirements of any 

5 provision of the Federal Land Policy and Manage6 ment Act that requires the payment of fair market 

7 value to the United States for use of public lands 

8 and resources relating to use of such lands and re9 sources authorized by the general mining laws. 

10 ‘‘(3) SAVINGS CLAUSE.—Nothing in this sub11 section may be construed to diminish the rights of 

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

13 claimant under the general mining laws.’’. 

14 SEC. 20308. ENSURING CONSIDERATION OF URANIUM AS A 

15 CRITICAL MINERAL. 

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

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

18 amended to read as follows: 

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

20 gas;’’. 

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

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

23 through the Director of the United States Geological Sur24 vey, shall publish in the Federal Register an update to 

25 the final list established in section 7002(c)(3) of the En-
164 

•HR 1 EH

1 ergy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance 

2 with subsection (a) of this section. 

3 (c) REPORT.—Not later than 180 days after the date 

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

5 through the Director of the United States Geological Sur6 vey, in consultation with the Secretary of Energy, shall 

7 submit to the appropriate committees of Congress a report 

8 that includes the following: 

9 (1) The current status of uranium deposits in 

10 the United States with respect to the amount and 

11 quality of uranium contained in such deposits. 

12 (2) A comparison of the United States to the 

13 rest of the world with respect to the amount and 

14 quality of uranium contained in uranium deposits. 

15 (3) Policy considerations, including potential 

16 challenges, of utilizing the uranium from the depos17 its described in paragraph (1). 

18 SEC. 20309. BARRING FOREIGN BAD ACTORS FROM OPER19 ATING ON FEDERAL LANDS. 

20 A mining claimant shall be barred from the right to 

21 use, occupy, and conduct operations on Federal land if the 

22 Secretary of the Interior finds the claimant has a foreign 

23 parent company that has (including through a sub24 sidiary)— 
165 

•HR 1 EH

1 (1) a known record of human rights violations; 

2 or 

3 (2) knowingly operated an illegal mine in an4 other country. 

5 SEC. 20310. PERMIT PROCESS FOR PROJECTS RELATING TO 

6 EXTRACTION, RECOVERY, OR PROCESSING 

7 OF CRITICAL MATERIALS. 

8 (a) DEFINITION OF COVERED PROJECT.—Section 

9 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) 

10 is amended— 

11 (1) in clause (iii)(III), by striking ‘‘; or’’ and in12 serting ‘‘;’’; 

13 (2) in clause (iv)(II), by striking the period at 

14 the end and inserting ‘‘; or’’; and 

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

16 ‘‘(v) is related to the extraction, recov17 ery, or processing from coal, coal waste, 

18 coal processing waste, pre-or post-combus19 tion coal byproducts, or acid mine drainage 

20 from coal mines of— 

21 ‘‘(I) critical minerals (as such 

22 term is defined in section 7002 of the 

23 Energy Act of 2020); 

24 ‘‘(II) rare earth elements; or 
166 

•HR 1 EH

1 ‘‘(III) microfine carbon or carbon 

2 from coal.’’. 

3 (b) REPORT.—Not later than 6 months after the date 

4 of enactment of this Act, the Secretary of the Interior 

5 shall submit to the Committees on Energy and Natural 

6 Resources and Commerce, Science, and Transportation of 

7 the Senate and the Committees on Transportation and In8 frastructure, Natural Resources, and Energy and Com9 merce of the House of Representatives a report evaluating 

10 the timeliness of implementation of reforms of the permit11 ting process required as a result of the amendments made 

12 by this section on the following: 

13 (1) The economic and national security of the 

14 United States. 

15 (2) Domestic production and supply of critical 

16 minerals, rare earths, and microfine carbon or car17 bon from coal. 

18 SEC. 20311. NATIONAL STRATEGY TO RE-SHORE MINERAL 

19 SUPPLY CHAINS. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of enactment of this Act, the United States Geologi22 cal Survey, in consultation with the Secretaries of De23 fense, Energy, and State, shall— 

24 (1) identify mineral commodities that— 
167 

•HR 1 EH

1 (A) serve a critical purpose to the national 

2 security of the United States, including with re3 spect to military, defense, and strategic mobility 

4 applications; and 

5 (B) are at highest risk of supply chain dis6 ruption due to the domestic or global actions of 

7 any covered entity, including price-fixing, sys8 temic acquisition and control of global mineral 

9 resources and processing, refining, and smelting 

10 capacity, and undercutting the fair market 

11 value of such resources; and 

12 (2) develop a national strategy for bolstering 

13 supply chains in the United States for the mineral 

14 commodities identified under paragraph (1), includ15 ing through the enactment of new national policies 

16 and the utilization of current authorities, to increase 

17 capacity and efficiency of domestic mining, refining, 

18 processing, and manufacturing of such mineral com19 modities. 

20 (b) COVERED ENTITY.—In this section, the term 

21 ‘‘covered entity’’ means an entity that— 

22 (1) is subject to the jurisdiction or direction of 

23 the People’s Republic of China; 

24 (2) is directly or indirectly operating on behalf 

25 of the People’s Republic of China; or 
168 

•HR 1 EH

1 (3) is owned by, directly or indirectly controlled 

2 by, or otherwise subject to the influence of the Peo3 ple’s Republic of China. 

4 TITLE IV—FEDERAL LAND USE 

5 PLANNING 

6 SEC. 20401. FEDERAL LAND USE PLANNING AND WITH7 DRAWALS. 

8 (a) RESOURCE ASSESSMENTS REQUIRED.—Federal 

9 lands and waters may not be withdrawn from entry under 

10 the mining laws or operation of the mineral leasing and 

11 mineral materials laws unless— 

12 (1) a quantitative and qualitative geophysical 

13 and geological mineral resource assessment of the 

14 impacted area has been completed during the 10- 

15 year period ending on the date of such withdrawal; 

16 (2) the Secretary, in consultation with the Sec17 retary of Commerce, the Secretary of Energy, and 

18 the Secretary of Defense, conducts an assessment of 

19 the economic, energy, strategic, and national secu20 rity value of mineral deposits identified in such min21 eral resource assessment; 

22 (3) the Secretary conducts an assessment of the 

23 reduction in future Federal revenues to the Treas24 ury, States, the Land and Water Conservation 

25 Fund, the Historic Preservation Fund, and the Na-
169 

•HR 1 EH

1 tional Parks and Public Land Legacy Restoration 

2 Fund resulting from the proposed mineral with3 drawal; 

4 (4) the Secretary, in consultation with the Sec5 retary of Defense, conducts an assessment of mili6 tary readiness and training activities in the proposed 

7 withdrawal area; and 

8 (5) the Secretary submits a report to the Com9 mittees on Natural Resources, Agriculture, Energy 

10 and Commerce, and Foreign Affairs of the House of 

11 Representatives and the Committees on Energy and 

12 Natural Resources, Agriculture, and Foreign Affairs 

13 of the Senate, that includes the results of the assess14 ments completed pursuant to this subsection. 

15 (b) LAND USE PLANS.—Before a resource manage16 ment plan under the Federal Land Policy and Manage17 ment Act of 1976 (43 U.S.C. 1701 et seq.) or a forest 

18 management plan under the National Forest Management 

19 Act is updated or completed, the Secretary or Secretary 

20 of Agriculture, as applicable, in consultation with the Di21 rector of the United States Geological Survey, shall— 

22 (1) review any quantitative and qualitative min23 eral resource assessment that was completed or up24 dated during the 10-year period ending on the date 

25 that the applicable land management agency pub-
170 

•HR 1 EH

1 lishes a notice to prepare, revise, or amend a land 

2 use plan by the Director of the United States Geo3 logical Survey for the geographic area affected by 

4 the applicable management plan; 

5 (2) the Secretary, in consultation with the Sec6 retary of Commerce, the Secretary of Energy, and 

7 the Secretary of Defense, conducts an assessment of 

8 the economic, energy, strategic, and national secu9 rity value of mineral deposits identified in such min10 eral resource assessment; and 

11 (3) submit a report to the Committees on Nat12 ural Resources, Agriculture, Energy and Commerce, 

13 and Foreign Affairs of the House of Representatives 

14 and the Committees on Energy and Natural Re15 sources, Agriculture, and Foreign Affairs of the Sen16 ate, that includes the results of the assessment com17 pleted pursuant to this subsection. 

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

19 recommendations to the President on appropriate meas20 ures to reduce unnecessary impacts that a withdrawal of 

21 Federal lands or waters from entry under the mining laws 

22 or operation of the mineral leasing and mineral materials 

23 laws may have on mineral exploration, development, and 

24 other mineral activities (including authorizing exploration 

25 and development of such mineral deposits) not later than 
171 

•HR 1 EH

1 180 days after the Secretary has notice that a resource 

2 assessment completed by the Director of the United States 

3 Geological Survey, in coordination with the State geologi4 cal surveys, determines that a previously undiscovered 

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

6 withdrawn from entry under the mining laws or operation 

7 of the mineral leasing and mineral materials laws pursu8 ant to— 

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

10 Management Act of 1976 (43 U.S.C. 1714); or 

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

12 Code. 

13 SEC. 20402. PROHIBITIONS ON DELAY OF MINERAL DEVEL14 OPMENT OF CERTAIN FEDERAL LAND. 

15 (a) PROHIBITIONS.—Notwithstanding any other pro16 vision of law, the President shall not carry out any action 

17 that would pause, restrict, or delay the process for or 

18 issuance of any of the following on Federal land, unless 

19 such lands are withdrawn from disposition under the min20 eral leasing laws, including by administrative withdrawal: 

21 (1) New oil and gas lease sales, oil and gas 

22 leases, drill permits, or associated approvals or au23 thorizations of any kind associated with oil and gas 

24 leases. 
172 

•HR 1 EH

1 (2) New coal leases (including leases by applica2 tion in process, renewals, modifications, or expan3 sions of existing leases), permits, approvals, or au4 thorizations. 

5 (3) New leases, claims, permits, approvals, or 

6 authorizations for development or exploration of 

7 minerals. 

8 (b) PROHIBITION ON RESCISSION OF LEASES, PER9 MITS, OR CLAIMS.—The President, the Secretary, or Sec10 retary of Agriculture as applicable, may not rescind any 

11 existing lease, permit, or claim for the extraction and pro12 duction of any mineral under the mining laws or mineral 

13 leasing and mineral materials laws on National Forest 

14 System land or land under the jurisdiction of the Bureau 

15 of Land Management, unless specifically authorized by 

16 Federal statute, or upon the lessee, permittee, or claim17 ant’s failure to comply with any of the provisions of the 

18 applicable lease, permit, or claim. 

19 (c) MINERAL DEFINED.—In subsection (a)(3), the 

20 term ‘‘mineral’’ means any mineral of a kind that is 

21 locatable (including such minerals located on ‘‘lands ac22 quired by the United States’’, as such term is defined in 

23 section 2 of the Mineral Leasing Act for Acquired Lands) 

24 under the Act of May 10, 1872 (Chapter 152; 17 Stat. 

25 91). 
173 

•HR 1 EH

1 SEC. 20403. DEFINITIONS. 

2 In this title: 

3 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

4 means— 

5 (A) National Forest System land; 

6 (B) public lands (as defined in section 103 

7 of the Federal Land Policy and Management 

8 Act of 1976 (43 U.S.C. 1702)); 

9 (C) the outer Continental Shelf (as defined 

10 in section 2 of the Outer Continental Shelf 

11 Lands Act (43 U.S.C. 1331)); and 

12 (D) land managed by the Secretary of En13 ergy. 

14 (2) PRESIDENT.—The term ‘‘President’’ 

15 means— 

16 (A) the President; and 

17 (B) any designee of the President, includ18 ing— 

19 (i) the Secretary of Agriculture; 

20 (ii) the Secretary of Commerce; 

21 (iii) the Secretary of Energy; and 

22 (iv) the Secretary of the Interior. 

23 (3) PREVIOUSLY UNDISCOVERED DEPOSIT.— 

24 The term ‘‘previously undiscovered mineral deposit’’ 

25 means— 
174 

•HR 1 EH

1 (A) a mineral deposit that has been pre2 viously evaluated by the United States Geologi3 cal Survey and found to be of low mineral po4 tential, but upon subsequent evaluation is de5 termined by the United States Geological Sur6 vey to have significant mineral potential; or 

7 (B) a mineral deposit that has not pre8 viously been evaluated by the United States Ge9 ological Survey. 

10 (4) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 TITLE V—ENSURING COMPETI13 TIVENESS ON FEDERAL 

14 LANDS 

15 SEC. 20501. INCENTIVIZING DOMESTIC PRODUCTION. 

16 (a) OFFSHORE OIL AND GAS ROYALTY RATE.—Sec17 tion 8(a)(1) of the Outer Continental Shelf Lands Act (43 

18 U.S.C. 1337(a)(1)) is amended— 

19 (1) in subparagraph (A), by striking ‘‘not less 

than 162⁄3 percent, but not more than 183 20 ⁄4 percent, 

21 during the 10-year period beginning on the date of 

22 enactment of the Act titled ‘An Act to provide for 

23 reconciliation pursuant to title II of S. Con. Res. 

14’, and not less than 162 24 ⁄3 percent thereafter,’’ 
175 

•HR 1 EH

1 each place it appears and inserting ‘‘not less than 

2 12.5 percent’’; 

3 (2) in subparagraph (C), by striking ‘‘not less 

than 162⁄3 percent, but not more than 183 4 ⁄4 percent, 

5 during the 10-year period beginning on the date of 

6 enactment of the Act titled ‘An Act to provide for 

7 reconciliation pursuant to title II of S. Con. Res. 

14’, and not less than 162 8 ⁄3 percent thereafter,’’ 

9 each place it appears and inserting ‘‘not less than 

10 12.5 percent’’; 

11 (3) in subparagraph (F), by striking ‘‘not less 

than 162⁄3 percent, but not more than 183 12 ⁄4 percent, 

13 during the 10-year period beginning on the date of 

14 enactment of the Act titled ‘An Act to provide for 

15 reconciliation pursuant to title II of S. Con. Res. 

14’, and not less than 162 16 ⁄3 percent thereafter,’’ and 

17 inserting ‘‘not less than 12.5 percent’’; and 

18 (4) in subparagraph (H), by striking ‘‘not less 

than 162⁄3 percent, but not more than 183 19 ⁄4 percent, 

20 during the 10-year period beginning on the date of 

21 enactment of the Act titled ‘An Act to provide for 

22 reconciliation pursuant to title II of S. Con. Res. 

14’, and not less than 162 23 ⁄3 percent thereafter,’’ and 

24 inserting ‘‘not less than 12.5 percent’’. 

25 (b) MINERAL LEASING ACT.— 
176 

•HR 1 EH

1 (1) ONSHORE OIL AND GAS ROYALTY RATES.— 

2 (A) LEASE OF OIL AND GAS LAND.—Sec3 tion 17 of the Mineral Leasing Act (30 U.S.C. 

4 226) is amended— 

5 (i) in subsection (b)(1)(A)— 

6 (I) by striking ‘‘not less than 

162 7 ⁄3’’ and inserting ‘‘not less than 

8 12.5’’; and 

9 (II) by striking ‘‘or, in the case 

10 of a lease issued during the 10-year 

11 period beginning on the date of enact12 ment of the Act titled ‘An Act to pro13 vide for reconciliation pursuant to 

title II of S. Con. Res. 14’, 162 14 ⁄3 per15 cent in amount or value of the pro16 duction removed or sold from the 

17 lease’’; and 

(ii) by striking ‘‘162 18 ⁄3 percent’’ each 

19 place it appears and inserting ‘‘12.5 per20 cent’’. 

21 (B) CONDITIONS FOR REINSTATEMENT.— 

22 Section 31(e)(3) of the Mineral Leasing Act (30 

23 U.S.C. 188(e)(3)) is amended by striking ‘‘20’’ 

inserting ‘‘162 24 ⁄3’’. 
177 

•HR 1 EH

1 (2) OIL AND GAS MINIMUM BID.—Section 17(b) 

2 of the Mineral Leasing Act (30 U.S.C. 226(b)) is 

3 amended— 

4 (A) in paragraph (1)(B), by striking ‘‘$10 

5 per acre during the 10-year period beginning on 

6 the date of enactment of the Act titled ‘An Act 

7 to provide for reconciliation pursuant to title II 

8 of S. Con. Res. 14’.’’ and inserting ‘‘$2 per 

9 acre for a period of 2 years from the date of 

10 the enactment of the Federal Onshore Oil and 

11 Gas Leasing Reform Act of 1987.’’; and 

12 (B) in paragraph (2)(C), by striking ‘‘$10 

13 per acre’’ and inserting ‘‘$2 per acre’’. 

14 (3) FOSSIL FUEL RENTAL RATES.—Section 

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

16 226(d)) is amended to read as follows: 

17 ‘‘(d) All leases issued under this section, as amended 

18 by the Federal Onshore Oil and Gas Leasing Reform Act 

19 of 1987, shall be conditioned upon payment by the lessee 

20 of a rental of not less than $1.50 per acre per year for 

21 the first through fifth years of the lease and not less than 

22 $2 per acre per year for each year thereafter. A minimum 

23 royalty in lieu of rental of not less than the rental which 

24 otherwise would be required for that lease year shall be 

25 payable at the expiration of each lease year beginning on 
178 

•HR 1 EH

1 or after a discovery of oil or gas in paying quantities on 

2 the lands leased.’’. 

3 (4) EXPRESSION OF INTEREST FEE.—Section 

4 17 of the Mineral Leasing Act (30 U.S.C. 226) is 

5 further amended by repealing subsection (q). 

6 (5) ELIMINATION OF NONCOMPETITIVE LEAS7 ING.—Section 17 of the Mineral Leasing Act (30 

8 U.S.C. 226) is further amended— 

9 (A) in subsection (b)— 

10 (i) in paragraph (1)(A)— 

11 (I) in the first sentence, by strik12 ing ‘‘paragraph (2)’’ and inserting 

13 ‘‘paragraphs (2) and (3)’’; and 

14 (II) by adding at the end ‘‘Lands 

15 for which no bids are received or for 

16 which the highest bid is less than the 

17 national minimum acceptable bid shall 

18 be offered promptly within 30 days 

19 for leasing under subsection (c) of this 

20 section and shall remain available for 

21 leasing for a period of 2 years after 

22 the competitive lease sale.’’; and 

23 (ii) by adding at the end the fol24 lowing: 
179 

•HR 1 EH

1 ‘‘(3)(A) If the United States held a vested fu2 ture interest in a mineral estate that, immediately 

3 prior to becoming a vested present interest, was sub4 ject to a lease under which oil or gas was being pro5 duced, or had a well capable of producing, in paying 

6 quantities at an annual average production volume 

7 per well per day of either not more than 15 barrels 

8 per day of oil or condensate, or not more than 

9 60,000 cubic feet of gas, the holder of the lease may 

10 elect to continue the lease as a noncompetitive lease 

11 under subsection (c)(1). 

12 ‘‘(B) An election under this paragraph is effec13 tive— 

14 ‘‘(i) in the case of an interest which vested 

15 after January 1, 1990, and on or before Octo16 ber 24, 1992, if the election is made before the 

17 date that is 1 year after October 24, 1992; 

18 ‘‘(ii) in the case of an interest which vests 

19 within 1 year after October 24, 1992, if the 

20 election is made before the date that is 2 years 

21 after October 24, 1992; and 

22 ‘‘(iii) in any case other than those de23 scribed in clause (i) or (ii), if the election is 

24 made prior to the interest becoming a vested 

25 present interest.’’; 
180 

•HR 1 EH

1 (B) by striking subsection (c) and insert2 ing the following: 

3 ‘‘(c) LANDS SUBJECT TO LEASING UNDER SUB4 SECTION (B); FIRST QUALIFIED APPLICANT.— 

5 ‘‘(1) If the lands to be leased are not leased 

6 under subsection (b)(1) of this section or are not 

7 subject to competitive leasing under subsection 

8 (b)(2) of this section, the person first making appli9 cation for the lease who is qualified to hold a lease 

10 under this chapter shall be entitled to a lease of 

11 such lands without competitive bidding, upon pay12 ment of a non-refundable application fee of at least 

13 $75. A lease under this subsection shall be condi14 tioned upon the payment of a royalty at a rate of 

15 12.5 percent in amount or value of the production 

16 removed or sold from the lease. Leases shall be 

17 issued within 60 days of the date on which the Sec18 retary identifies the first responsible qualified appli19 cant. 

20 ‘‘(2)(A) Lands (i) which were posted for sale 

21 under subsection (b)(1) of this section but for which 

22 no bids were received or for which the highest bid 

23 was less than the national minimum acceptable bid 

24 and (ii) for which, at the end of the period referred 

25 to in subsection (b)(1) of this section no lease has 
181 

•HR 1 EH

1 been issued and no lease application is pending 

2 under paragraph (1) of this subsection, shall again 

3 be available for leasing only in accordance with sub4 section (b)(1) of this section. 

5 ‘‘(B) The land in any lease which is issued 

6 under paragraph (1) of this subsection or under sub7 section (b)(1) of this section which lease terminates, 

8 expires, is cancelled or is relinquished shall again be 

9 available for leasing only in accordance with sub10 section (b)(1) of this section.’’; and 

11 (C) by striking subsection (e) and inserting 

12 the following: 

13 ‘‘(e) PRIMARY TERM.—Competitive and noncompeti14 tive leases issued under this section shall be for a primary 

15 term of 10 years: Provided, however, That competitive 

16 leases issued in special tar sand areas shall also be for 

17 a primary term of 10 years. Each such lease shall continue 

18 so long after its primary term as oil or gas is produced 

19 in paying quantities. Any lease issued under this section 

20 for land on which, or for which under an approved cooper21 ative or unit plan of development or operation, actual drill22 ing operations were commenced prior to the end of its pri23 mary term and are being diligently prosecuted at that time 

24 shall be extended for two years and so long thereafter as 

25 oil or gas is produced in paying quantities.’’. 
182 

•HR 1 EH

1 (6) CONFORMING AMENDMENTS.—Section 31 of 

2 the Mineral Leasing Act (30 U.S.C. 188) is amend3 ed— 

4 (A) in subsection (d)(1), by striking ‘‘sec5 tion 17(b)’’ and inserting ‘‘subsection (b) or (c) 

6 of section 17 of this Act’’; 

7 (B) in subsection (e)— 

8 (i) in paragraph (2)— 

9 (I) insert ‘‘either’’ after ‘‘rentals 

10 and’’; and 

11 (II) insert ‘‘or the inclusion in a 

12 reinstated lease issued pursuant to the 

13 provisions of section 17(c) of this Act 

14 of a requirement that future rentals 

15 shall be at a rate not less than $5 per 

16 acre per year, all’’ before ‘‘as deter17 mined by the Secretary’’; and 

18 (ii) by amending paragraph (3) to 

19 read as follows: 

20 ‘‘(3)(A) payment of back royalties and the in21 clusion in a reinstated lease issued pursuant to the 

22 provisions of section 17(b) of this Act of a require23 ment for future royalties at a rate of not less than 

162 24 ⁄3 percent computed on a sliding scale based 

25 upon the average production per well per day, at a 
183 

•HR 1 EH

1 rate which shall be not less than 4 percentage points 

2 greater than the competitive royalty schedule then in 

3 force and used for royalty determination for com4 petitive leases issued pursuant to such section as de5 termined by the Secretary: Provided, That royalty 

6 on such reinstated lease shall be paid on all produc7 tion removed or sold from such lease subsequent to 

8 the termination of the original lease; 

9 ‘‘(B) payment of back royalties and inclusion in 

10 a reinstated lease issued pursuant to the provisions 

11 of section 17(c) of this Act of a requirement for future royalties at a rate not less than 162 12 ⁄3 percent: 

13 Provided, That royalty on such reinstated lease shall 

14 be paid on all production removed or sold from such 

15 lease subsequent to the cancellation or termination 

16 of the original lease; and’’; 

17 (C) in subsection (f)— 

18 (i) in paragraph (1), strike ‘‘in the 

19 same manner as the original lease issued 

20 pursuant to section 17’’ and insert ‘‘as a 

21 competitive or a noncompetitive oil and gas 

22 lease in the same manner as the original 

23 lease issued pursuant to subsection (b) or 

24 (c) of section 17 of this Act’’; 
184 

•HR 1 EH

1 (ii) by redesignating paragraphs (2) 

2 and (3) as paragraph (3) and (4), respec3 tively; and 

4 (iii) by inserting after paragraph (1) 

5 the following: 

6 ‘‘(2) Except as otherwise provided in this sec7 tion, the issuance of a lease in lieu of an abandoned 

8 patented oil placer mining claim shall be treated as 

9 a noncompetitive oil and gas lease issued pursuant 

10 to section 17(c) of this Act.’’; 

11 (D) in subsection (g), by striking ‘‘sub12 section (d)’’ and inserting ‘‘subsections (d) and 

13 (f)’’; 

14 (E) by amending subsection (h) to read as 

15 follows: 

16 ‘‘(h) ROYALTY REDUCTIONS.— 

17 ‘‘(1) In acting on a petition to issue a non18 competitive oil and gas lease, under subsection (f) of 

19 this section or in response to a request filed after 

20 issuance of such a lease, or both, the Secretary is 

21 authorized to reduce the royalty on such lease if in 

22 his judgment it is equitable to do so or the cir23 cumstances warrant such relief due to uneconomic 

24 or other circumstances which could cause undue 

25 hardship or premature termination of production. 
185 

•HR 1 EH

1 ‘‘(2) In acting on a petition for reinstatement 

2 pursuant to subsection (d) of this section or in re3 sponse to a request filed after reinstatement, or 

4 both, the Secretary is authorized to reduce the roy5 alty in that reinstated lease on the entire leasehold 

6 or any tract or portion thereof segregated for royalty 

7 purposes if, in his judgment, there are uneconomic 

8 or other circumstances which could cause undue 

9 hardship or premature termination of production; or 

10 because of any written action of the United States, 

11 its agents or employees, which preceded, and was a 

12 major consideration in, the lessee’s expenditure of 

13 funds to develop the property under the lease after 

14 the rent had become due and had not been paid; or 

15 if in the judgment of the Secretary it is equitable to 

16 do so for any reason.’’; 

17 (F) by redesignating subsections (f) 

18 through (i) as subsections (g) through (j), re19 spectively; and 

20 (G) by inserting after subsection (e) the 

21 following: 

22 ‘‘(f) ISSUANCE OF NONCOMPETITIVE OIL AND GAS

23 LEASE; CONDITIONS.—Where an unpatented oil placer 

24 mining claim validly located prior to February 24, 1920, 

25 which has been or is currently producing or is capable of 
186 

•HR 1 EH

1 producing oil or gas, has been or is hereafter deemed con2 clusively abandoned for failure to file timely the required 

3 instruments or copies of instruments required by section 

4 1744 of title 43, and it is shown to the satisfaction of 

5 the Secretary that such failure was inadvertent, justifi6 able, or not due to lack of reasonable diligence on the part 

7 of the owner, the Secretary may issue, for the lands cov8 ered by the abandoned unpatented oil placer mining claim, 

9 a noncompetitive oil and gas lease, consistent with the pro10 visions of section 17(e) of this Act, to be effective from 

11 the statutory date the claim was deemed conclusively 

12 abandoned. Issuance of such a lease shall be conditioned 

13 upon: 

14 ‘‘(1) a petition for issuance of a noncompetitive 

15 oil and gas lease, together with the required rental 

16 and royalty, including back rental and royalty accru17 ing from the statutory date of abandonment of the 

18 oil placer mining claim, being filed with the 

19 Secretary- (A) with respect to any claim deemed 

20 conclusively abandoned on or before January 12, 

21 1983, on or before the one hundred and twentieth 

22 day after January 12, 1983, or (B) with respect to 

23 any claim deemed conclusively abandoned after Jan24 uary 12, 1983, on or before the one hundred and 

25 twentieth day after final notification by the Sec-
187 

•HR 1 EH

1 retary or a court of competent jurisdiction of the de2 termination of the abandonment of the oil placer 

3 mining claim; 

4 ‘‘(2) a valid lease not having been issued affect5 ing any of the lands covered by the abandoned oil 

6 placer mining claim prior to the filing of such peti7 tion: Provided, however, That after the filing of a 

8 petition for issuance of a lease under this subsection, 

9 the Secretary shall not issue any new lease affecting 

10 any of the lands covered by such abandoned oil plac11 er mining claim for a reasonable period, as deter12 mined in accordance with regulations issued by him; 

13 ‘‘(3) a requirement in the lease for payment of 

14 rental, including back rentals accruing from the 

15 statutory date of abandonment of the oil placer min16 ing claim, of not less than $5 per acre per year; 

17 ‘‘(4) a requirement in the lease for payment of 

18 royalty on production removed or sold from the oil 

19 placer mining claim, including all royalty on produc20 tion made subsequent to the statutory date the claim 

21 was deemed conclusively abandoned, of not less than 

121 22 ⁄2 percent; and 

23 ‘‘(5) compliance with the notice and reimburse24 ment of costs provisions of paragraph (4) of sub25 section (e) but addressed to the petition covering the 
188 

•HR 1 EH

1 conversion of an abandoned unpatented oil placer 

2 mining claim to a noncompetitive oil and gas lease.’’. 

3 TITLE VI—ENERGY REVENUE 

4 SHARING 

5 SEC. 20601. GULF OF MEXICO OUTER CONTINENTAL SHELF 

6 REVENUE. 

7 (a) DISTRIBUTION OF OUTER CONTINENTAL SHELF

8 REVENUE TO GULF PRODUCING STATES.—Section 105 of 

9 the Gulf of Mexico Energy Security Act of 2006 (43 

10 U.S.C. 1331 note) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1), by striking ‘‘50’’ and 

13 inserting ‘‘37.5’’; and 

14 (B) in paragraph (2)— 

15 (i) by striking ‘‘50’’ and inserting 

16 ‘‘62.5’’; 

17 (ii) in subparagraph (A), by striking 

18 ‘‘75’’ and inserting ‘‘80’’; and 

19 (iii) in subparagraph (B), by striking 

20 ‘‘25’’ and inserting ‘‘20’’; and 

21 (2) by striking subsection (f) and inserting the 

22 following: 

23 ‘‘(f) TREATMENT OF AMOUNTS.—Amounts disbursed 

24 to a Gulf producing State under this section shall be treat25 ed as revenue sharing and not as a Federal award or grant 
189 

•HR 1 EH

1 for the purposes of part 200 of title 2, Code of Federal 

2 Regulations.’’. 

3 (b) EXEMPTION OF CERTAIN PAYMENTS FROM SE4 QUESTRATION.— 

5 (1) IN GENERAL.—Section 255(g)(1)(A) of the 

6 Balanced Budget and Emergency Deficit Control 

7 Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by 

8 inserting after ‘‘Payments to Social Security Trust 

9 Funds (28–0404–0–1–651).’’ the following: 

10 ‘‘Payments to States pursuant to section 

11 105(a)(2)(A) of the Gulf of Mexico Energy Security 

12 Act of 2006 (Public Law 109–432; 43 U.S.C. 1331 

13 note) (014–5535–0–2–302).’’. 

14 (2) APPLICABILITY.—The amendment made by 

15 this subsection shall apply to any sequestration 

16 order issued under the Balanced Budget and Emer17 gency Deficit Control Act of 1985 (2 U.S.C. 900 et 

18 seq.) on or after the date of enactment of this Act. 

19 SEC. 20602. PARITY IN OFFSHORE WIND REVENUE SHAR20 ING. 

21 (a) PAYMENTS AND REVENUES.—Section 8(p)(2) of 

22 the Outer Continental Shelf Lands Act (43 U.S.C. 

23 1337(p)(2)) is amended— 

24 (1) in subparagraph (A), by striking ‘‘(A) The 

25 Secretary’’ and inserting the following: 
190 

•HR 1 EH

1 ‘‘(A) IN GENERAL.—Subject to subpara2 graphs (B) and (C), the Secretary’’; 

3 (2) in subparagraph (B), by striking ‘‘(B) The 

4 Secretary’’ and inserting the following: 

5 ‘‘(B) DISPOSITION OF REVENUES FOR

6 PROJECTS LOCATED WITHIN 3 NAUTICAL MILES

7 SEAWARD OF STATE SUBMERGED LAND.—The 

8 Secretary’’; and 

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

10 ‘‘(C) DISPOSITION OF REVENUES FOR OFF11 SHORE WIND PROJECTS IN CERTAIN AREAS.— 

12 ‘‘(i) DEFINITIONS.—In this subpara13 graph: 

14 ‘‘(I) COVERED OFFSHORE WIND

15 PROJECT.—The term ‘covered off16 shore wind project’ means a wind 

17 powered electric generation project in 

18 a wind energy area on the outer Con19 tinental Shelf that is not wholly or 

20 partially located within an area sub21 ject to subparagraph (B). 

22 ‘‘(II) ELIGIBLE STATE.—The 

23 term ‘eligible State’ means a State a 

24 point on the coastline of which is lo25 cated within 75 miles of the geo-
191 

•HR 1 EH

1 graphic center of a covered offshore 

2 wind project. 

3 ‘‘(III) QUALIFIED OUTER CONTI4 NENTAL SHELF REVENUES.—The 

5 term ‘qualified outer Continental 

6 Shelf revenues’ means all royalties, 

7 fees, rentals, bonuses, or other pay8 ments from covered offshore wind 

9 projects carried out pursuant to this 

10 subsection on or after the date of en11 actment of this subparagraph. 

12 ‘‘(ii) REQUIREMENT.— 

13 ‘‘(I) IN GENERAL.—The Sec14 retary of the Treasury shall deposit— 

15 ‘‘(aa) 12.5 percent of quali16 fied outer Continental Shelf reve17 nues in the general fund of the 

18 Treasury; 

19 ‘‘(bb) 37.5 percent of quali20 fied outer Continental Shelf reve21 nues in the North American Wet22 lands Conservation Fund; and 

23 ‘‘(cc) 50 percent of qualified 

24 outer Continental Shelf revenues 

25 in a special account in the Treas-
192 

•HR 1 EH

1 ury from which the Secretary 

2 shall disburse to each eligible 

3 State an amount determined pur4 suant to subclause (II). 

5 ‘‘(II) ALLOCATION.— 

6 ‘‘(aa) IN GENERAL.—Sub7 ject to item (bb), for each fiscal 

8 year beginning after the date of 

9 enactment of this subparagraph, 

10 the amount made available under 

11 subclause (I)(cc) shall be allo12 cated to each eligible State in 

13 amounts (based on a formula es14 tablished by the Secretary by 

15 regulation) that are inversely 

16 proportional to the respective dis17 tances between the point on the 

18 coastline of each eligible State 

19 that is closest to the geographic 

20 center of the applicable leased 

21 tract and the geographic center 

22 of the leased tract. 

23 ‘‘(bb) MINIMUM ALLOCA24 TION.—The amount allocated to 

25 an eligible State each fiscal year 
193 

•HR 1 EH

1 under item (aa) shall be at least 

2 10 percent of the amounts made 

3 available under subclause (I)(cc). 

4 ‘‘(cc) PAYMENTS TO COAST5 AL POLITICAL SUBDIVISIONS.— 

6 ‘‘(AA) IN GENERAL.— 

7 The Secretary shall pay 20 

8 percent of the allocable 

9 share of each eligible State, 

10 as determined pursuant to 

11 item (aa), to the coastal po12 litical subdivisions of the eli13 gible State. 

14 ‘‘(BB) ALLOCATION.— 

15 The amount paid by the 

16 Secretary to coastal political 

17 subdivisions under subitem 

18 (AA) shall be allocated to 

19 each coastal political sub20 division in accordance with 

21 subparagraphs (B) and (C) 

22 of section 31(b)(4) of this 

23 Act. 

24 ‘‘(iii) TIMING.—The amounts required 

25 to be deposited under subclause (I) of 
194 

•HR 1 EH

1 clause (ii) for the applicable fiscal year 

2 shall be made available in accordance with 

3 such subclause during the fiscal year im4 mediately following the applicable fiscal 

5 year. 

6 ‘‘(iv) AUTHORIZED USES.— 

7 ‘‘(I) IN GENERAL.—Subject to 

8 subclause (II), each eligible State 

9 shall use all amounts received under 

10 clause (ii)(II) in accordance with all 

11 applicable Federal and State laws, 

12 only for 1 or more of the following 

13 purposes: 

14 ‘‘(aa) Projects and activities 

15 for the purposes of coastal pro16 tection and resiliency, including 

17 conservation, coastal restoration, 

18 estuary management, beach 

19 nourishment, hurricane and flood 

20 protection, and infrastructure di21 rectly affected by coastal wetland 

22 losses. 

23 ‘‘(bb) Mitigation of damage 

24 to fish, wildlife, or natural re-
195 

•HR 1 EH

1 sources, including through fish2 eries science and research. 

3 ‘‘(cc) Implementation of a 

4 federally approved marine, coast5 al, or comprehensive conservation 

6 management plan. 

7 ‘‘(dd) Mitigation of the im8 pact of outer Continental Shelf 

9 activities through the funding of 

10 onshore infrastructure projects. 

11 ‘‘(ee) Planning assistance 

12 and the administrative costs of 

13 complying with this section. 

14 ‘‘(ff) Infrastructure improve15 ments at ports, including modi16 fications to Federal navigation 

17 channels, to support installation 

18 of offshore wind energy projects. 

19 ‘‘(II) LIMITATION.—Of the 

20 amounts received by an eligible State 

21 under clause (ii)(II), not more than 3 

22 percent shall be used for the purposes 

23 described in subclause (I)(ee). 

24 ‘‘(v) ADMINISTRATION.—Subject to 

25 clause (vi)(III), amounts made available 
196 

•HR 1 EH

1 under items (aa) and (cc) of clause (ii)(I) 

2 shall— 

3 ‘‘(I) be made available, without 

4 further appropriation, in accordance 

5 with this subparagraph; 

6 ‘‘(II) remain available until ex7 pended; and 

8 ‘‘(III) be in addition to any 

9 amount appropriated under any other 

10 Act. 

11 ‘‘(vi) REPORTING REQUIREMENT.— 

12 ‘‘(I) IN GENERAL.—Not later 

13 than 180 days after the end of each 

14 fiscal year, the Governor of each eligi15 ble State that receives amounts under 

16 clause (ii)(II) for the applicable fiscal 

17 year shall submit to the Secretary a 

18 report that describes the use of the 

19 amounts by the eligible State during 

20 the period covered by the report. 

21 ‘‘(II) PUBLIC AVAILABILITY.—On 

22 receipt of a report submitted under 

23 subclause (I), the Secretary shall 

24 make the report available to the pub-
197 

•HR 1 EH

1 lic on the website of the Department 

2 of the Interior. 

3 ‘‘(III) LIMITATION.—If the Gov4 ernor of an eligible State that receives 

5 amounts under clause (ii)(II) fails to 

6 submit the report required under sub7 clause (I) by the deadline specified in 

8 that subclause, any amounts that 

9 would otherwise be provided to the eli10 gible State under clause (ii)(II) for 

11 the succeeding fiscal year shall be de12 posited in the Treasury. 

13 ‘‘(vii) TREATMENT OF AMOUNTS.— 

14 Amounts disbursed to an eligible State 

15 under this subsection shall be treated as 

16 revenue sharing and not as a Federal 

17 award or grant for the purposes of part 

18 200 of title 2, Code of Federal Regula19 tions.’’. 

20 (b) WIND LEASE SALES FOR AREAS OF THE OUTER

21 CONTINENTAL SHELF OFFSHORE OF TERRITORIES OF

22 THE UNITED STATES.—Section 33 of the Outer Conti23 nental Shelf Lands Act (43 U.S.C. 1356c) is amended by 

24 adding at the end the following: 
198 

•HR 1 EH

1 ‘‘(b) WIND LEASE SALE PROCEDURE.—Any wind 

2 lease granted pursuant to this section shall be considered 

3 a wind lease granted under section 8(p), including for pur4 poses of the disposition of revenues pursuant to subpara5 graphs (B) and (C) of section 8(p)(2).’’. 

6 (c) EXEMPTION OF CERTAIN PAYMENTS FROM SE7 QUESTRATION.— 

8 (1) IN GENERAL.—Section 255(g)(1)(A) of the 

9 Balanced Budget and Emergency Deficit Control 

10 Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by 

11 inserting after ‘‘Payments to Social Security Trust 

12 Funds (28–0404–0–1–651).’’ the following: 

13 ‘‘Payments to States pursuant to subparagraph 

14 (C)(ii)(I)(cc) of section 8(p)(2) of the Outer Conti15 nental Shelf Lands Act (43 U.S.C. 1337(p)(2)).’’. 

16 (2) APPLICABILITY.—The amendment made by 

17 this subsection shall apply to any sequestration 

18 order issued under the Balanced Budget and Emer19 gency Deficit Control Act of 1985 (2 U.S.C. 900 et 

20 seq.) on or after the date of enactment of this Act. 

21 SEC. 20603. ELIMINATION OF ADMINISTRATIVE FEE UNDER 

22 THE MINERAL LEASING ACT. 

23 (a) IN GENERAL.—Section 35 of the Mineral Leasing 

24 Act (30 U.S.C. 191) is amended— 
199 

•HR 1 EH

1 (1) in subsection (a), in the first sentence, by 

2 striking ‘‘and, subject to the provisions of subsection 

3 (b),’’; 

4 (2) by striking subsection (b); 

5 (3) by redesignating subsections (c) and (d) as 

6 subsections (b) and (c), respectively; 

7 (4) in paragraph (3)(B)(ii) of subsection (b) (as 

8 so redesignated), by striking ‘‘subsection (d)’’ and 

9 inserting ‘‘subsection (c)’’; and 

10 (5) in paragraph (3)(A)(ii) of subsection (c) (as 

11 so redesignated), by striking ‘‘subsection (c)(2)(B)’’ 

12 and inserting ‘‘subsection (b)(2)(B)’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) Section 6(a) of the Mineral Leasing Act for 

15 Acquired Lands (30 U.S.C. 355(a)) is amended— 

16 (A) in the first sentence, by striking ‘‘Sub17 ject to the provisions of section 35(b) of the 

18 Mineral Leasing Act (30 U.S.C. 191(b)), all’’ 

19 and inserting ‘‘All’’; and 

20 (B) in the second sentence, by striking ‘‘of 

21 the Act of February 25, 1920 (41 Stat. 450; 30 

22 U.S.C. 191),’’ and inserting ‘‘of the Mineral 

23 Leasing Act (30 U.S.C. 191)’’. 

24 (2) Section 20(a) of the Geothermal Steam Act 

25 of 1970 (30 U.S.C. 1019(a)) is amended, in the sec-
200 

•HR 1 EH

1 ond sentence of the matter preceding paragraph (1), 

2 by striking ‘‘the provisions of subsection (b) of sec3 tion 35 of the Mineral Leasing Act (30 U.S.C. 

4 191(b)) and section 5(a)(2) of this Act’’ and insert5 ing ‘‘section 5(a)(2)’’. 

6 (3) Section 205(f) of the Federal Oil and Gas 

7 Royalty Management Act of 1982 (30 U.S.C. 

8 1735(f)) is amended— 

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

10 Section’’ and inserting ‘‘this section’’; and 

11 (B) by striking the fourth, fifth, and sixth 

12 sentences. 

13 SEC. 20604. SUNSET. 

14 This title, and the amendments made by this title, 

15 shall cease to have effect on September 30, 2032, and on 

16 such date the provisions of law amended by this title shall 

17 be restored or revived as if this title had not been enacted. 

18 DIVISION C—WATER QUALITY 

19 CERTIFICATION AND ENERGY 

20 PROJECT IMPROVEMENT 

21 SEC. 30001. SHORT TITLE; TABLE OF CONTENTS. 

22 (a) SHORT TITLE.—This division may be cited as the 

23 ‘‘Water Quality Certification and Energy Project Improve24 ment Act of 2023’’. 
201 

•HR 1 EH

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

2 this division is as follows: 

DIVISION C—WATER QUALITY CERTIFICATION AND ENERGY 

PROJECT IMPROVEMENT 

Sec. 30001. Short title; table of contents. 

Sec. 30002. Certification. 

Sec. 30003. Federal general permits. 

3 SEC. 30002. CERTIFICATION. 

4 Section 401 of the Federal Water Pollution Control 

5 Act (33 U.S.C. 1341) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)— 

8 (i) in the first sentence, by striking 

9 ‘‘may result’’ and inserting ‘‘may directly 

10 result’’; 

11 (ii) in the second sentence, by striking 

12 ‘‘activity’’ and inserting ‘‘discharge’’; 

13 (iii) in the third sentence, by striking 

14 ‘‘applications’’ each place it appears and 

15 inserting ‘‘requests’’; 

16 (iv) in the fifth sentence, by striking 

17 ‘‘act on’’ and inserting ‘‘grant or deny’’; 

18 and 

19 (v) by inserting after the fourth sen20 tence the following: ‘‘Not later than 30 

21 days after the date of enactment of the 

22 Water Quality Certification and Energy 
202 

•HR 1 EH

1 Project Improvement Act of 2023, each 

2 State and interstate agency that has au3 thority to give such a certification, and the 

4 Administrator, shall publish requirements 

5 for certification to demonstrate to such 

6 State, such interstate agency, or the Ad7 ministrator, as the case may be, compli8 ance with the applicable provisions of sec9 tions 301, 302, 303, 306, and 307. A deci10 sion to grant or deny a request for certifi11 cation shall be based only on the applicable 

12 provisions of sections 301, 302, 303, 306, 

13 and 307, and the grounds for the decision 

14 shall be set forth in writing and provided 

15 to the applicant. Not later than 90 days 

16 after receipt of a request for certification, 

17 the State, interstate agency, or Adminis18 trator, as the case may be, shall identify in 

19 writing all specific additional materials or 

20 information that are necessary to grant or 

21 deny the request.’’; 

22 (B) in paragraph (2)— 

23 (i) in the second sentence, by striking 

24 ‘‘notice of application for such Federal li-
203 

•HR 1 EH

1 cense or permit’’ and inserting ‘‘receipt of 

2 a notice under the preceding sentence’’; 

3 (ii) in the third sentence, by striking 

4 ‘‘any water quality requirement’’ and in5 serting ‘‘any applicable provision of section 

6 301, 302, 303, 306, or 307’’; 

7 (iii) in the fifth sentence, by striking 

8 ‘‘insure compliance with applicable water 

9 quality requirements.’’ and inserting ‘‘en10 sure compliance with the applicable provi11 sions of sections 301, 302, 303, 306, and 

12 307.’’; 

13 (iv) in the final sentence, by striking 

14 ‘‘insure’’ and inserting ‘‘ensure’’; and 

15 (v) by striking the first sentence and 

16 inserting ‘‘On receipt of a request for cer17 tification, the certifying State or interstate 

18 agency, as applicable, shall immediately 

19 notify the Administrator of the request.’’; 

20 (C) in paragraph (3), in the second sen21 tence, by striking ‘‘section’’ and inserting ‘‘any 

22 applicable provision of section’’; 

23 (D) in paragraph (4)— 

24 (i) in the first sentence, by striking 

25 ‘‘applicable effluent limitations or other 
204 

•HR 1 EH

1 limitations or other applicable water qual2 ity requirements will not be violated’’ and 

3 inserting ‘‘no applicable provision of sec4 tion 301, 302, 303, 306, or 307 will be vio5 lated’’; 

6 (ii) in the second sentence, by striking 

7 ‘‘will violate applicable effluent limitations 

8 or other limitations or other water quality 

9 requirements’’ and inserting ‘‘will directly 

10 result in a discharge that violates an appli11 cable provision of section 301, 302, 303, 

12 306, or 307,’’; and 

13 (iii) in the third sentence, by striking 

14 ‘‘such facility or activity will not violate the 

15 applicable provisions’’ and inserting ‘‘oper16 ation of such facility or activity will not di17 rectly result in a discharge that violates 

18 any applicable provision’’; and 

19 (E) in paragraph (5), by striking ‘‘the ap20 plicable provisions’’ and inserting ‘‘any applica21 ble provision’’; 

22 (2) in subsection (d), by striking ‘‘any applica23 ble effluent limitations and other limitations, under 

24 section 301 or 302 of this Act, standard of perform25 ance under section 306 of this Act, or prohibition, 
205 

•HR 1 EH

1 effluent standard, or pretreatment standard under 

2 section 307 of this Act, and with any other appro3 priate requirement of State law set forth in such 

4 certification, and’’ and inserting ‘‘the applicable pro5 visions of sections 301, 302, 303, 306, and 307, and 

6 any such limitations or requirements’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(e) For purposes of this section, the applicable pro9 visions of sections 301, 302, 303, 306, and 307 are any 

10 applicable effluent limitations and other limitations, under 

11 section 301 or 302, standard of performance under section 

12 306, prohibition, effluent standard, or pretreatment stand13 ard under section 307, and requirement of State law im14 plementing water quality criteria under section 303 nec15 essary to support the designated use or uses of the receiv16 ing navigable waters.’’. 

17 SEC. 30003. FEDERAL GENERAL PERMITS. 

18 Section 402(a) of the Federal Water Pollution Con19 trol Act (33 U.S.C. 1342(a)) is amended by adding at the 

20 end the following: 

21 ‘‘(6)(A) The Administrator is authorized to issue gen22 eral permits under this section for discharges of similar 

23 types from similar sources. 

24 ‘‘(B) The Administrator may require submission of 

25 a notice of intent to be covered under a general permit 
206 

•HR 1 EH

1 issued under this section, including additional information 

2 that the Administrator determines necessary. 

3 ‘‘(C) If a general permit issued under this section will 

4 expire and the Administrator decides not to issue a new 

5 general permit for discharges similar to those covered by 

6 the expiring general permit, the Administrator shall pub7 lish in the Federal Register a notice of such decision at 

8 least two years prior to the expiration of the general per9 mit. 

10 ‘‘(D) If a general permit issued under this section 

11 expires and the Administrator has not published a notice 

12 in accordance with subparagraph (C), until such time as 

13 the Administrator issues a new general permit for dis14 charges similar to those covered by the expired general 

15 permit, the Administrator shall— 

16 ‘‘(i) continue to apply the terms, conditions, 

17 and requirements of the expired general permit to 

18 any discharge that was covered by the expired gen19 eral permit; and 

20 ‘‘(ii) apply such terms, conditions, and require21 ments to any discharge that would have been cov22 ered by the expired general permit (in accordance 
207 

•HR 1 EH

1 with any relevant requirements for such coverage) if 

2 the discharge had occurred before such expiration.’’. 

Passed the House of Representatives March 30, 

2023. 

Attest: 

Clerk. 
118TH CONGRESS 

1ST SESSION H. R. 1 

AN ACT 

To lower energy costs by increasing American enand for other purposes. water quality certification and energy projects, tion of American resources, and by improving parency, accountability, permitting, and produc- ical minerals processing, by promoting trans- ergy production, exports, infrastructure, and crit-