Lower Energy Costs Act

Subjects: Energy


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 947 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 947

    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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2023

  Mr. Kennedy introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
    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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Lower Energy Costs 
Act''.
    (b) Table of Contents.--The table of contents of 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. Unlocking our domestic LNG potential.
Sec. 10008. Promoting interagency coordination for review of natural 
                            gas pipelines.
Sec. 10009. Interim hazardous waste permits for critical energy 
                            resource facilities.
Sec. 10010. Flexible air permits for critical energy resource 
                            facilities.
Sec. 10011. National security or energy security waivers to produce 
                            critical energy resources.
Sec. 10012. Ending future delays in chemical substance review for 
                            critical energy resources.
Sec. 10013. Natural gas tax repeal.
Sec. 10014. Repeal of greenhouse gas reduction fund.
Sec. 10015. Keeping America's refineries operating.
Sec. 10016. Homeowner energy freedom.
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.
                   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.
                 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.
                  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.
 DIVISION C--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT

Sec. 30001. Short title; table of contents.
Sec. 30002. Certification.

      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. Unlocking our domestic LNG potential.
Sec. 10008. Promoting interagency coordination for review of natural 
                            gas pipelines.
Sec. 10009. Interim hazardous waste permits for critical energy 
                            resource facilities.
Sec. 10010. Flexible air permits for critical energy resource 
                            facilities.
Sec. 10011. National security or energy security waivers to produce 
                            critical energy resources.
Sec. 10012. Ending future delays in chemical substance review for 
                            critical energy resources.
Sec. 10013. Natural gas tax repeal.
Sec. 10014. Repeal of greenhouse gas reduction fund.
Sec. 10015. Keeping America's refineries operating.
Sec. 10016. Homeowner energy freedom.

SEC. 10001. SECURING AMERICA'S CRITICAL MINERALS SUPPLY.

    (a) Amendment to the Department of Energy Organization Act.--The 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.) is 
amended--
            (1) in section 2, by adding at the end the following:
    ``(d) As used in sections 102(20) and 203(a)(12), the term 
`critical energy resource' means any energy resource--
            ``(1) that is essential to the energy sector and energy 
        systems of the United States; and
            ``(2) the supply chain of which is vulnerable to 
        disruption.'';
            (2) in section 102, by adding at the end the following:
            ``(20) To ensure there is an adequate and reliable supply 
        of critical energy resources that are essential to the energy 
        security of the United States.''; and
            (3) in section 203(a), by adding at the end the following:
            ``(12) Functions that relate to securing the supply of 
        critical energy resources, including identifying and mitigating 
        the effects of a disruption of such supply on--
                    ``(A) the development and use of energy 
                technologies; and
                    ``(B) the operation of energy systems.''.
    (b) Securing Critical Energy Resource Supply Chains.--
            (1) In general.--In carrying out the requirements of the 
        Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
        the Secretary of Energy, in consultation with the appropriate 
        Federal agencies, representatives of the energy sector, States, 
        and other stakeholders, shall--
                    (A) conduct ongoing assessments of--
                            (i) energy resource criticality based on 
                        the importance of critical energy resources to 
                        the development of energy technologies and the 
                        supply of energy;
                            (ii) the critical energy resource supply 
                        chain of the United States;
                            (iii) the vulnerability of such supply 
                        chain; and
                            (iv) how the energy security of the United 
                        States is affected by the reliance of the 
                        United States on importation of critical energy 
                        resources;
                    (B) facilitate development of strategies to 
                strengthen critical energy resource supply chains in 
                the United States, including by--
                            (i) diversifying the sources of the supply 
                        of critical energy resources; and
                            (ii) increasing domestic production, 
                        separation, and processing of critical energy 
                        resources;
                    (C) develop substitutes and alternatives to 
                critical energy resources; and
                    (D) improve technology that reuses and recycles 
                critical energy resources.
            (2) Critical energy resource defined.--In this section, the 
        term ``critical energy resource'' has the meaning given such 
        term in section 2 of the Department of Energy Organization Act 
        (42 U.S.C. 7101).

SEC. 10002. PROTECTING AMERICAN ENERGY PRODUCTION.

    (a) Sense of Congress.--It is the sense of Congress that States 
should maintain primacy for the regulation of hydraulic fracturing for 
oil and natural gas production on State and private lands.
    (b) Prohibition on Declaration of a Moratorium on Hydraulic 
Fracturing.--Notwithstanding any other provision of law, the President 
may not declare a moratorium on the use of hydraulic fracturing unless 
such moratorium is authorized by an Act of Congress.

SEC. 10003. RESEARCHING EFFICIENT FEDERAL IMPROVEMENTS FOR NECESSARY 
              ENERGY REFINING.

    Not later than 90 days after the date of enactment of this section, 
the Secretary of Energy shall direct the National Petroleum Council 
to--
            (1) submit to the Secretary of Energy and Congress a report 
        containing--
                    (A) an examination of the role of petrochemical 
                refineries located in the United States and the 
                contributions of such petrochemical refineries to the 
                energy security of the United States, including the 
                reliability of supply in the United States of liquid 
                fuels and feedstocks, and the affordability of liquid 
                fuels for consumers in the United States;
                    (B) analyses and projections with respect to--
                            (i) the capacity of petrochemical 
                        refineries located in the United States;
                            (ii) opportunities for expanding such 
                        capacity; and
                            (iii) the risks to petrochemical refineries 
                        located in the United States;
                    (C) an assessment of any Federal or State executive 
                actions, regulations, or policies that have caused or 
                contributed to a decline in the capacity of 
                petrochemical refineries located in the United States; 
                and
                    (D) any recommendations for Federal agencies and 
                Congress to encourage an increase in the capacity of 
                petrochemical refineries located in the United States; 
                and
            (2) make publicly available the report submitted under 
        paragraph (1).

SEC. 10004. PROMOTING CROSS-BORDER ENERGY INFRASTRUCTURE.

    (a) Authorization of Certain Energy Infrastructure Projects at an 
International Boundary of the United States.--
            (1) Authorization.--Except as provided in paragraph (3) and 
        subsection (d), no person may construct, connect, operate, or 
        maintain a border-crossing facility for the import or export of 
        oil or natural gas, or the transmission of electricity, across 
        an international border of the United States without obtaining 
        a certificate of crossing for the border-crossing facility 
        under this subsection.
            (2) Certificate of crossing.--
                    (A) Requirement.--Not later than 120 days after 
                final action is taken, by the relevant official or 
                agency identified under subparagraph (B), under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) with respect to a border-crossing 
                facility for which a person requests a certificate of 
                crossing under this subsection, the relevant official 
                or agency, in consultation with appropriate Federal 
                agencies, shall issue a certificate of crossing for the 
                border-crossing facility unless the relevant official 
                or agency finds that the construction, connection, 
                operation, or maintenance of the border-crossing 
                facility is not in the public interest of the United 
                States.
                    (B) Relevant official or agency.--The relevant 
                official or agency referred to in subparagraph (A) is--
                            (i) the Federal Energy Regulatory 
                        Commission with respect to border-crossing 
                        facilities consisting of oil or natural gas 
                        pipelines; and
                            (ii) the Secretary of Energy with respect 
                        to border-crossing facilities consisting of 
                        electric transmission facilities.
                    (C) Additional requirement for electric 
                transmission facilities.--In the case of a request for 
                a certificate of crossing for a border-crossing 
                facility consisting of an electric transmission 
                facility, the Secretary of Energy shall require, as a 
                condition of issuing the certificate of crossing under 
                subparagraph (A), that the border-crossing facility be 
                constructed, connected, operated, or maintained 
                consistent with all applicable policies and standards 
                of--
                            (i) the Electric Reliability Organization 
                        and the applicable regional entity; and
                            (ii) any Regional Transmission Organization 
                        or Independent System Operator with operational 
                        or functional control over the border-crossing 
                        facility.
            (3) Exclusions.--This subsection shall not apply to any 
        construction, connection, operation, or maintenance of a 
        border-crossing facility for the import or export of oil or 
        natural gas, or the transmission of electricity--
                    (A) if the border-crossing facility is operating 
                for such import, export, or transmission as of the date 
                of enactment of this Act;
                    (B) if a Presidential permit (or similar permit) 
                for the construction, connection, operation, or 
                maintenance has been issued pursuant to any provision 
                of law or Executive order; or
                    (C) if an application for a Presidential permit (or 
                similar permit) for the construction, connection, 
                operation, or maintenance is pending on the date of 
                enactment of this Act, until the earlier of--
                            (i) the date on which such application is 
                        denied; or
                            (ii) 2 years after the date of enactment of 
                        this Act, if such a permit has not been issued 
                        by such date of enactment.
            (4) Effect of other laws.--
                    (A) Application to projects.--Nothing in this 
                subsection or subsection (d) shall affect the 
                application of any other Federal statute to a project 
                for which a certificate of crossing for a border-
                crossing facility is requested under this subsection.
                    (B) Natural gas act.--Nothing in this subsection or 
                subsection (d) shall affect the requirement to obtain 
                approval or authorization under sections 3 and 7 of the 
                Natural Gas Act (15 U.S.C. 717b, 717f) for the siting, 
                construction, or operation of any facility to import or 
                export natural gas.
                    (C) Oil pipelines.--Nothing in this subsection or 
                subsection (d) shall affect the authority of the 
                Federal Energy Regulatory Commission with respect to 
                oil pipelines under section 60502 of title 49, United 
                States Code.
    (b) Transmission of Electric Energy to Canada and Mexico.--
            (1) Repeal of requirement to secure order.--Section 202(e) 
        of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
            (2) Conforming amendments.--
                    (A) State regulations.--Section 202(f) of the 
                Federal Power Act (16 U.S.C. 824a(f)) is amended by 
                striking ``insofar as such State regulation does not 
                conflict with the exercise of the Commission's powers 
                under or relating to subsection 202(e)''.
                    (B) Seasonal diversity electricity exchange.--
                Section 602(b) of the Public Utility Regulatory 
                Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended 
                by striking ``the Commission has conducted hearings and 
                made the findings required under section 202(e) of the 
                Federal Power Act'' and all that follows through the 
                period at the end and inserting ``the Secretary has 
                conducted hearings and finds that the proposed 
                transmission facilities would not impair the 
                sufficiency of electric supply within the United States 
                or would not impede or tend to impede the coordination 
                in the public interest of facilities subject to the 
                jurisdiction of the Secretary.''.
    (c) No Presidential Permit Required.--No Presidential permit (or 
similar permit) shall be required pursuant to any provision of law or 
Executive order for the construction, connection, operation, or 
maintenance of an oil or natural gas pipeline or electric transmission 
facility, or any border-crossing facility thereof.
    (d) Modifications to Existing Projects.--No certificate of crossing 
under subsection (a), or Presidential permit (or similar permit), shall 
be required for a modification to--
            (1) an oil or natural gas pipeline or electric transmission 
        facility that is operating for the import or export of oil or 
        natural gas or the transmission of electricity as of the date 
        of enactment of this Act;
            (2) an oil or natural gas pipeline or electric transmission 
        facility for which a Presidential permit (or similar permit) 
        has been issued pursuant to any provision of law or Executive 
        order; or
            (3) a border-crossing facility for which a certificate of 
        crossing has previously been issued under subsection (a).
    (e) Prohibition on Revocation of Presidential Permits.--
Notwithstanding any other provision of law, the President may not 
revoke a Presidential permit (or similar permit) issued pursuant to 
Executive Order 13337 (3 U.S.C. 301 note), Executive Order 11423 (3 
U.S.C. 301 note), Executive Order 12038 (43 Fed. Reg. 4957), Executive 
Order 10485 (18 Fed. Reg. 5397), or any other Executive order for the 
construction, connection, operation, or maintenance of an oil or 
natural gas pipeline or electric transmission facility, or any border-
crossing facility thereof, unless such revocation is authorized by an 
Act of Congress.
    (f) Effective Date; Rulemaking Deadlines.--
            (1) Effective date.--Subsections (a) through (d), and the 
        amendments made by such subsections, shall take effect on the 
        date that is 1 year after the date of enactment of this Act.
            (2) Rulemaking deadlines.--Each relevant official or agency 
        described in subsection (a)(2)(B) shall--
                    (A) not later than 180 days after the date of 
                enactment of this Act, publish in the Federal Register 
                notice of a proposed rulemaking to carry out the 
                applicable requirements of subsection (a); and
                    (B) not later than 1 year after the date of 
                enactment of this Act, publish in the Federal Register 
                a final rule to carry out the applicable requirements 
                of subsection (a).
    (g) Definitions.--In this section:
            (1) Border-crossing facility.--The term ``border-crossing 
        facility'' means the portion of an oil or natural gas pipeline 
        or electric transmission facility that is located at an 
        international boundary of the United States.
            (2) Modification.--The term ``modification'' includes a 
        reversal of flow direction, change in ownership, change in flow 
        volume, addition or removal of an interconnection, or an 
        adjustment to maintain flow (such as a reduction or increase in 
        the number of pump or compressor stations).
            (3) Natural gas.--The term ``natural gas'' has the meaning 
        given that term in section 2 of the Natural Gas Act (15 U.S.C. 
        717a).
            (4) Oil.--The term ``oil'' means petroleum or a petroleum 
        product.
            (5) Electric reliability organization; regional entity.--
        The terms ``Electric Reliability Organization'' and ``regional 
        entity'' have the meanings given those terms in section 215(a) 
        of the Federal Power Act (16 U.S.C. 824o(a)).
            (6) Independent system operator; regional transmission 
        organization.--The terms ``Independent System Operator'' and 
        ``Regional Transmission Organization'' have the meanings given 
        those terms in section 3 of the Federal Power Act (16 U.S.C. 
        796).

SEC. 10005. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE REVOCATION 
              OF THE PRESIDENTIAL PERMIT FOR THE KEYSTONE XL PIPELINE.

    (a) Findings.--Congress finds the following:
            (1) On March 29, 2019, TransCanada Keystone Pipeline, L.P., 
        was granted a Presidential permit to construct, connect, 
        operate, and maintain the Keystone XL pipeline.
            (2) On January 20, 2021, President Biden issued Executive 
        Order 13990 (86 Fed. Reg. 7037) that revoked the March 2019 
        Presidential permit for the Keystone XL.
    (b) Sense of Congress.--It is the sense of Congress that Congress 
disapproves of the revocation by President Biden 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.

    (a) Findings.--Congress finds the following:
            (1) The United States has enjoyed a renaissance in energy 
        production, with the expansion of domestic crude oil and other 
        petroleum product production contributing to enhanced energy 
        security and significant economic benefits to the national 
        economy.
            (2) In 2015, Congress recognized the need to adapt to 
        changing crude oil market conditions and repealed all 
        restrictions on the export of crude oil on a bipartisan basis.
            (3) Section 101 of title I of division O of the 
        Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a) 
        established the national policy on oil export restriction, 
        prohibiting any official of the Federal Government from 
        imposing or enforcing any restrictions on the export of crude 
        oil with limited exceptions, including a savings clause 
        maintaining the authority to prohibit exports under any 
        provision of law that imposes sanctions on a foreign person or 
        foreign government (including any provision of law that 
        prohibits or restricts United States persons from engaging in a 
        transaction with a sanctioned person or government), including 
        a foreign government that is designated as a state sponsor of 
        terrorism.
            (4) Lifting the restrictions on crude oil exports 
        encouraged additional domestic energy production, created 
        American jobs and economic development, and allowed the United 
        States to emerge as the leading oil producer in the world.
            (5) In 2019, the United States became a net exporter of 
        petroleum products for the first time since 1952, and the 
        reliance of the United States on foreign imports of petroleum 
        products has declined to historic lows.
            (6) Free trade, open markets, and competition have 
        contributed to the rise of the United States as a global energy 
        superpower.
    (b) Sense of Congress.--It is the sense of Congress that the 
Federal Government should not impose--
            (1) overly restrictive regulations on the exploration, 
        production, or marketing of energy resources; or
            (2) any restrictions on the export of crude oil or other 
        petroleum products under the Energy Policy and Conservation Act 
        (42 U.S.C. 6201 et seq.), except with respect to the export of 
        crude oil or other petroleum products to a foreign person or 
        foreign government subject to sanctions under any provision of 
        United States law, including to a country the government of 
        which is designated as a state sponsor of terrorism.

SEC. 10007. UNLOCKING OUR DOMESTIC LNG POTENTIAL.

    Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended--
            (1) by striking subsections (a) through (c);
            (2) by redesignating subsections (e) and (f) as subsections 
        (a) and (b), respectively;
            (3) by redesignating subsection (d) as subsection (c), and 
        moving such subsection after subsection (b), as so 
        redesignated;
            (4) in subsection (a), as so redesignated, by amending 
        paragraph (1) to read as follows:
            ``(1) The Federal Energy Regulatory Commission (in this 
        subsection referred to as the `Commission') shall have the 
        exclusive authority to approve or deny an application for 
        authorization for the siting, construction, expansion, or 
        operation of a facility to export natural gas from the United 
        States to a foreign country or import natural gas from a 
        foreign country, including an LNG terminal. In determining 
        whether to approve or deny an application under this paragraph, 
        the Commission shall deem the exportation or importation of 
        natural gas to be consistent with the public interest. Except 
        as specifically provided in this Act, nothing in this Act is 
        intended to affect otherwise applicable law related to any 
        Federal agency's authorities or responsibilities related to 
        facilities to import or export natural gas, including LNG 
        terminals.''; and
            (5) by adding at the end the following new subsection:
    ``(d)(1) Nothing in this Act limits the authority of the President 
under the Constitution, the International Emergency Economic Powers Act 
(50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 
et seq.), part B of title II of the Energy Policy and Conservation Act 
(42 U.S.C. 6271 et seq.), the Trading with the enemy Act (50 U.S.C. 
4301 et seq.), or any other provision of law that imposes sanctions on 
a foreign person or foreign government (including any provision of law 
that prohibits or restricts United States persons from engaging in a 
transaction with a sanctioned person or government), including a 
country that is designated as a state sponsor of terrorism, to prohibit 
imports or exports.
    ``(2) In this subsection, the term `state sponsor of terrorism' 
means a country the government of which the Secretary of State 
determines has repeatedly provided support for international terrorism 
pursuant to--
            ``(A) section 1754(c)(1)(A) of the Export Control Reform 
        Act of 2018 (50 U.S.C. 4813(c)(1)(A));
            ``(B) section 620A of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2371);
            ``(C) section 40 of the Arms Export Control Act (22 U.S.C. 
        2780); or
            ``(D) any other provision of law.''.

SEC. 10008. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF NATURAL 
              GAS PIPELINES.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Federal authorization.--The term ``Federal 
        authorization'' has the meaning given that term in section 
        15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
            (3) NEPA review.--The term ``NEPA review'' means the 
        process of reviewing a proposed Federal action under section 
        102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
        4332).
            (4) Project-related nepa review.--The term ``project-
        related NEPA review'' means any NEPA review required to be 
        conducted with respect to the issuance of an authorization 
        under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a 
        certificate of public convenience and necessity under section 7 
        of such Act (15 U.S.C. 717f).
    (b) Commission NEPA Review Responsibilities.--In acting as the lead 
agency under section 15(b)(1) of the Natural Gas Act (15 U.S.C. 
717n(b)(1)) for the purposes of complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect 
to an authorization under section 3 of the Natural Gas Act (15 U.S.C. 
717b) or a certificate of public convenience and necessity under 
section 7 of such Act (15 U.S.C. 717f), the Commission shall, in 
accordance with this section and other applicable Federal law--
            (1) be the only lead agency;
            (2) coordinate as early as practicable with each agency 
        designated as a participating agency under subsection (d)(3) to 
        ensure that the Commission develops information in conducting 
        its project-related NEPA review that is usable by the 
        participating agency in considering an aspect of an application 
        for a Federal authorization for which the agency is 
        responsible; and
            (3) take such actions as are necessary and proper to 
        facilitate the expeditious resolution of its project-related 
        NEPA review.
    (c) Deference to Commission.--In making a decision with respect to 
a Federal authorization required with respect to an application for 
authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) 
or a certificate of public convenience and necessity under section 7 of 
such Act (15 U.S.C. 717f), each agency shall give deference, to the 
maximum extent authorized by law, to the scope of the project-related 
NEPA review that the Commission determines to be appropriate.
    (d) Participating Agencies.--
            (1) Identification.--The Commission shall identify, not 
        later than 30 days after the Commission receives an application 
        for an authorization under section 3 of the Natural Gas Act (15 
        U.S.C. 717b) or a certificate of public convenience and 
        necessity under section 7 of such Act (15 U.S.C. 717f), any 
        Federal or State agency, local government, or Indian Tribe that 
        may issue a Federal authorization or is required by Federal law 
        to consult with the Commission in conjunction with the issuance 
        of a Federal authorization required for such authorization or 
        certificate.
            (2) Invitation.--
                    (A) In general.--Not later than 45 days after the 
                Commission receives an application for an authorization 
                under section 3 of the Natural Gas Act (15 U.S.C. 717b) 
                or a certificate of public convenience and necessity 
                under section 7 of such Act (15 U.S.C. 717f), the 
                Commission shall invite any agency identified under 
                paragraph (1) to participate in the review process for 
                the applicable Federal authorization.
                    (B) Deadline.--An invitation issued under 
                subparagraph (A) shall establish a deadline by which a 
                response to the invitation shall be submitted to the 
                Commission, which may be extended by the Commission for 
                good cause.
            (3) Designation as participating agencies.--Not later than 
        60 days after the Commission receives an application for an 
        authorization under section 3 of the Natural Gas Act (15 U.S.C. 
        717b) or a certificate of public convenience and necessity 
        under section 7 of such Act (15 U.S.C. 717f), the Commission 
        shall designate an agency identified under paragraph (1) as a 
        participating agency with respect to an application for 
        authorization under section 3 of the Natural Gas Act (15 U.S.C. 
        717b) or a certificate of public convenience and necessity 
        under section 7 of such Act (15 U.S.C. 717f) unless the agency 
        informs the Commission, in writing, by the deadline established 
        pursuant to paragraph (2)(B), that the agency--
                    (A) has no jurisdiction or authority with respect 
                to the applicable Federal authorization;
                    (B) has no special expertise or information 
                relevant to any project-related NEPA review; or
                    (C) does not intend to submit comments for the 
                record for the project-related NEPA review conducted by 
                the Commission.
            (4) Effect of non-designation.--
                    (A) Effect on agency.--Any agency that is not 
                designated as a participating agency under paragraph 
                (3) with respect to an application for an authorization 
                under section 3 of the Natural Gas Act (15 U.S.C. 717b) 
                or a certificate of public convenience and necessity 
                under section 7 of such Act (15 U.S.C. 717f) may not 
                request or conduct a NEPA review that is supplemental 
                to the project-related NEPA review conducted by the 
                Commission, unless the agency--
                            (i) demonstrates that such review is 
                        legally necessary for the agency to carry out 
                        responsibilities in considering an aspect of an 
                        application for a Federal authorization; and
                            (ii) requires information that could not 
                        have been obtained during the project-related 
                        NEPA review conducted by the Commission.
                    (B) Comments; record.--The Commission shall not, 
                with respect to an agency that is not designated as a 
                participating agency under paragraph (3) with respect 
                to an application for an authorization under section 3 
                of the Natural Gas Act (15 U.S.C. 717b) or a 
                certificate of public convenience and necessity under 
                section 7 of such Act (15 U.S.C. 717f)--
                            (i) consider any comments or other 
                        information submitted by such agency for the 
                        project-related NEPA review conducted by the 
                        Commission; or
                            (ii) include any such comments or other 
                        information in the record for such project-
                        related NEPA review.
    (e) Water Quality Impacts.--
            (1) In general.--Notwithstanding section 401 of the Federal 
        Water Pollution Control Act (33 U.S.C. 1341), an applicant for 
        a Federal authorization shall not be required to provide a 
        certification under such section with respect to the Federal 
        authorization.
            (2) Coordination.--With respect to any NEPA review for a 
        Federal authorization to conduct an activity that will directly 
        result in a discharge into the navigable waters (within the 
        meaning of the Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.)), the Commission shall identify as an agency 
        under subsection (d)(1) the State in which the discharge 
        originates or will originate, or, if appropriate, the 
        interstate water pollution control agency having jurisdiction 
        over the navigable waters at the point where the discharge 
        originates or will originate.
            (3) Proposed conditions.--A State or interstate agency 
        designated as a participating agency pursuant to paragraph (2) 
        may propose to the Commission terms or conditions for inclusion 
        in an authorization under section 3 of the Natural Gas Act (15 
        U.S.C. 717b) or a certificate of public convenience and 
        necessity under section 7 of such Act (15 U.S.C. 717f) that the 
        State or interstate agency determines are necessary to ensure 
        that any activity described in paragraph (2) conducted pursuant 
        to such authorization or certification will comply with the 
        applicable provisions of sections 301, 302, 303, 306, and 307 
        of the Federal Water Pollution Control Act (33 U.S.C. 1311, 
        1312, 1316, 1317).
            (4) Commission consideration of conditions.--The Commission 
        may include a term or condition in an authorization under 
        section 3 of the Natural Gas Act (15 U.S.C. 717b) or a 
        certificate of public convenience and necessity under section 7 
        of such Act (15 U.S.C. 717f) proposed by a State or interstate 
        agency under paragraph (3) only if the Commission finds that 
        the term or condition is necessary to ensure that any activity 
        described in paragraph (2) conducted pursuant to such 
        authorization or certification will comply with the applicable 
        provisions of sections 301, 302, 303, 306, and 307 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 
        1316, 1317).
    (f) Schedule.--
            (1) Deadline for federal authorizations.--A deadline for a 
        Federal authorization required with respect to an application 
        for authorization under section 3 of the Natural Gas Act (15 
        U.S.C. 717b) or a certificate of public convenience and 
        necessity under section 7 of such Act (15 U.S.C. 717f) set by 
        the Commission under section 15(c)(1) of such Act (15 U.S.C. 
        717n(c)(1)) shall be not later than 90 days after the 
        Commission completes its project-related NEPA review, unless an 
        applicable schedule is otherwise established by Federal law.
            (2) Concurrent reviews.--Each Federal and State agency--
                    (A) that may consider an application for a Federal 
                authorization required with respect to an application 
                for authorization under section 3 of the Natural Gas 
                Act (15 U.S.C. 717b) or a certificate of public 
                convenience and necessity under section 7 of such Act 
                (15 U.S.C. 717f) shall formulate and implement a plan 
                for administrative, policy, and procedural mechanisms 
                to enable the agency to ensure completion of Federal 
                authorizations in compliance with schedules established 
                by the Commission under section 15(c)(1) of such Act 
                (15 U.S.C. 717n(c)(1)); and
                    (B) in considering an aspect of an application for 
                a Federal authorization required with respect to an 
                application for authorization under section 3 of the 
                Natural Gas Act (15 U.S.C. 717b) or a certificate of 
                public convenience and necessity under section 7 of 
                such Act (15 U.S.C. 717f), shall--
                            (i) formulate and implement a plan to 
                        enable the agency to comply with the schedule 
                        established by the Commission under section 
                        15(c)(1) of such Act (15 U.S.C. 717n(c)(1));
                            (ii) carry out the obligations of that 
                        agency under applicable law concurrently, and 
                        in conjunction with, the project-related NEPA 
                        review conducted by the Commission, and in 
                        compliance with the schedule established by the 
                        Commission under section 15(c)(1) of such Act 
                        (15 U.S.C. 717n(c)(1)), unless the agency 
                        notifies the Commission in writing that doing 
                        so would impair the ability of the agency to 
                        conduct needed analysis or otherwise carry out 
                        such obligations;
                            (iii) transmit to the Commission a 
                        statement--
                                    (I) acknowledging receipt of the 
                                schedule established by the Commission 
                                under section 15(c)(1) of the Natural 
                                Gas Act (15 U.S.C. 717n(c)(1)); and
                                    (II) setting forth the plan 
                                formulated under clause (i) of this 
                                subparagraph;
                            (iv) not later than 30 days after the 
                        agency receives such application for a Federal 
                        authorization, transmit to the applicant a 
                        notice--
                                    (I) indicating whether such 
                                application is ready for processing; 
                                and
                                    (II) if such application is not 
                                ready for processing, that includes a 
                                comprehensive description of the 
                                information needed for the agency to 
                                determine that the application is ready 
                                for processing;
                            (v) determine that such application for a 
                        Federal authorization is ready for processing 
                        for purposes of clause (iv) if such application 
                        is sufficiently complete for the purposes of 
                        commencing consideration, regardless of whether 
                        supplemental information is necessary to enable 
                        the agency to complete the consideration 
                        required by law with respect to such 
                        application; and
                            (vi) not less often than once every 90 
                        days, transmit to the Commission a report 
                        describing the progress made in considering 
                        such application for a Federal authorization.
            (3) Failure to meet deadline.--If a Federal or State 
        agency, including the Commission, fails to meet a deadline for 
        a Federal authorization set forth in the schedule established 
        by the Commission under section 15(c)(1) of the Natural Gas Act 
        (15 U.S.C. 717n(c)(1)), not later than 5 days after such 
        deadline, the head of the relevant Federal agency (including, 
        in the case of a failure by a State agency, the Federal agency 
        overseeing the delegated authority) shall notify Congress and 
        the Commission of such failure and set forth a recommended 
        implementation plan to ensure completion of the action to which 
        such deadline applied.
    (g) Consideration of Applications for Federal Authorization.--
            (1) Issue identification and resolution.--
                    (A) Identification.--Federal and State agencies 
                that may consider an aspect of an application for a 
                Federal authorization shall identify, as early as 
                possible, any issues of concern that may delay or 
                prevent an agency from working with the Commission to 
                resolve such issues and granting such authorization.
                    (B) Issue resolution.--The Commission may forward 
                any issue of concern identified under subparagraph (A) 
                to the heads of the relevant agencies (including, in 
                the case of an issue of concern that is a failure by a 
                State agency, the Federal agency overseeing the 
                delegated authority, if applicable) for resolution.
            (2) Remote surveys.--If a Federal or State agency 
        considering an aspect of an application for a Federal 
        authorization requires the person applying for such 
        authorization to submit data, the agency shall consider any 
        such data gathered by aerial or other remote means that the 
        person submits. The agency may grant a conditional approval for 
        the Federal authorization based on data gathered by aerial or 
        remote means, conditioned on the verification of such data by 
        subsequent onsite inspection.
            (3) Application processing.--The Commission, and Federal 
        and State agencies, may allow a person applying for a Federal 
        authorization to fund a third-party contractor to assist in 
        reviewing the application for such authorization.
    (h) Accountability, Transparency, Efficiency.--For an application 
for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 
717b) or a certificate of public convenience and necessity under 
section 7 of such Act (15 U.S.C. 717f) that requires multiple Federal 
authorizations, the Commission, with input from any Federal or State 
agency considering an aspect of the application, shall track and make 
available to the public on the Commission's website information related 
to the actions required to complete the Federal authorizations. Such 
information shall include the following:
            (1) The schedule established by the Commission under 
        section 15(c)(1) of the Natural Gas Act (15 U.S.C. 717n(c)(1)).
            (2) A list of all the actions required by each applicable 
        agency to complete permitting, reviews, and other actions 
        necessary to obtain a final decision on the application.
            (3) The expected completion date for each such action.
            (4) A point of contact at the agency responsible for each 
        such action.
            (5) In the event that an action is still pending as of the 
        expected date of completion, a brief explanation of the reasons 
        for the delay.
    (i) Pipeline Security.--In considering an application for an 
authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) 
or a certificate of public convenience and necessity under section 7 of 
such Act (15 U.S.C. 717f), the Commission shall consult with the 
Administrator of the Transportation Security Administration regarding 
the applicant's compliance with security guidance and best practice 
recommendations of the Administration regarding pipeline infrastructure 
security, pipeline cybersecurity, pipeline personnel security, and 
other pipeline security measures.

SEC. 10009. INTERIM HAZARDOUS WASTE PERMITS FOR CRITICAL ENERGY 
              RESOURCE FACILITIES.

    Section 3005(e) of the Solid Waste Disposal Act (42 U.S.C. 6925(e)) 
is amended--
            (1) in paragraph (1)(A)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by inserting ``or'' after 
                ``this section,''; and
                    (C) by adding at the end the following:
                    ``(iii) is a critical energy resource facility,''; 
                and
            (2) by adding at the end the following:
    ``(4) Definitions.--For the purposes of this subsection:
            ``(A) Critical energy resource.--The term `critical energy 
        resource' means, as determined by the Secretary of Energy, any 
        energy resource--
                    ``(i) that is essential to the energy sector and 
                energy systems of the United States; and
                    ``(ii) the supply chain of which is vulnerable to 
                disruption.
            ``(B) Critical energy resource facility.--The term 
        `critical energy resource facility' means a facility that 
        processes or refines a critical energy resource.''.

SEC. 10010. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY RESOURCE 
              FACILITIES.

    (a) In General.--The Administrator of the Environmental Protection 
Agency shall, as necessary, revise regulations under parts 70 and 71 of 
title 40, Code of Federal Regulations, to--
            (1) authorize the owner or operator of a critical energy 
        resource facility to utilize flexible air permitting (as 
        described in the final rule entitled ``Operating Permit 
        Programs; Flexible Air Permitting Rule'' published by the 
        Environmental Protection Agency in the Federal Register on 
        October 6, 2009 (74 Fed. Reg. 51418)) with respect to such 
        critical energy resource facility; and
            (2) facilitate flexible, market-responsive operations (as 
        described in the final rule identified in paragraph (1)) with 
        respect to critical energy resource facilities.
    (b) Definitions.--In this section:
            (1) Critical energy resource.--The term ``critical energy 
        resource'' means, as determined by the Secretary of Energy, any 
        energy resource--
                    (A) that is essential to the energy sector and 
                energy systems of the United States; and
                    (B) the supply chain of which is vulnerable to 
                disruption.
            (2) Critical energy resource facility.--The term ``critical 
        energy resource facility'' means a facility that processes or 
        refines a critical energy resource.

SEC. 10011. NATIONAL SECURITY OR ENERGY SECURITY WAIVERS TO PRODUCE 
              CRITICAL ENERGY RESOURCES.

    (a) Clean Air Act Requirements.--
            (1) In general.--If the Administrator of the Environmental 
        Protection Agency, in consultation with the Secretary of 
        Energy, determines that, by reason of a sudden increase in 
        demand for, or a shortage of, a critical energy resource, or 
        another cause, the processing or refining of a critical energy 
        resource at a critical energy resource facility is necessary to 
        meet the national security or energy security needs of the 
        United States, then the Administrator may, with or without 
        notice, hearing, or other report, issue a temporary waiver of 
        any requirement under the Clean Air Act (42 U.S.C. 7401 et 
        seq.) with respect to such critical energy resource facility 
        that, in the judgment of the Administrator, will allow for such 
        processing or refining at such critical energy resource 
        facility as necessary to best meet such needs and serve the 
        public interest.
            (2) Conflict with other environmental laws.--The 
        Administrator shall ensure that any waiver of a requirement 
        under the Clean Air Act (42 U.S.C. 7401 et seq.) under this 
        subsection, to the maximum extent practicable, does not result 
        in a conflict with a requirement of any other applicable 
        Federal, State, or local environmental law or regulation and 
        minimizes any adverse environmental impacts.
            (3) Violations of other environmental laws.--To the extent 
        any omission or action taken by a party under a waiver issued 
        under this subsection is in conflict with any requirement of a 
        Federal, State, or local environmental law or regulation, such 
        omission or action shall not be considered a violation of such 
        environmental law or regulation, or subject such party to any 
        requirement, civil or criminal liability, or a citizen suit 
        under such environmental law or regulation.
            (4) Expiration and renewal of waivers.--A waiver issued 
        under this subsection shall expire not later than 90 days after 
        it is issued. The Administrator may renew or reissue such 
        waiver pursuant to paragraphs (1) and (2) for subsequent 
        periods, not to exceed 90 days for each period, as the 
        Administrator determines necessary to meet the national 
        security or energy security needs described in paragraph (1) 
        and serve the public interest. In renewing or reissuing a 
        waiver under this paragraph, the Administrator shall include in 
        any such renewed or reissued waiver such conditions as are 
        necessary to minimize any adverse environmental impacts to the 
        extent practicable.
            (5) Subsequent action by court.--If a waiver issued under 
        this subsection is subsequently stayed, modified, or set aside 
        by a court pursuant a provision of law, any omission or action 
        previously taken by a party under the waiver while the waiver 
        was in effect shall remain subject to paragraph (3).
            (6) Critical energy resource; critical energy resource 
        facility defined.--In this subsection, the terms ``critical 
        energy resource'' and ``critical energy resource facility'' 
        have the meanings given such terms in section 3025(f) of the 
        Solid Waste Disposal Act (as added by this section).
    (b) Solid Waste Disposal Act Requirements.--
            (1) Hazardous waste management.--The Solid Waste Disposal 
        Act (42 U.S.C. 6901 et seq.) is amended by inserting after 
        section 3024 the following:

``SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE FACILITIES.

    ``(a) In General.--If the Administrator, in consultation with the 
Secretary of Energy, determines that, by reason of a sudden increase in 
demand for, or a shortage of, a critical energy resource, or another 
cause, the processing or refining of a critical energy resource at a 
critical energy resource facility is necessary to meet the national 
security or energy security needs of the United States, then the 
Administrator may, with or without notice, hearing, or other report, 
issue a temporary waiver of any covered requirement with respect to 
such critical energy resource facility that, in the judgment of the 
Administrator, will allow for such processing or refining at such 
critical energy resource facility as necessary to best meet such needs 
and serve the public interest.
    ``(b) Conflict With Other Environmental Laws.--The Administrator 
shall ensure that any waiver of a covered requirement under this 
section, to the maximum extent practicable, does not result in a 
conflict with a requirement of any other applicable Federal, State, or 
local environmental law or regulation and minimizes any adverse 
environmental impacts.
    ``(c) Violations of Other Environmental Laws.--To the extent any 
omission or action taken by a party under a waiver issued under this 
section is in conflict with any requirement of a Federal, State, or 
local environmental law or regulation, such omission or action shall 
not be considered a violation of such environmental law or regulation, 
or subject such party to any requirement, civil or criminal liability, 
or a citizen suit under such environmental law or regulation.
    ``(d) Expiration and Renewal of Waivers.--A waiver issued under 
this section shall expire not later than 90 days after it is issued. 
The Administrator may renew or reissue such waiver pursuant to 
subsections (a) and (b) for subsequent periods, not to exceed 90 days 
for each period, as the Administrator determines necessary to meet the 
national security or energy security needs described in subsection (a) 
and serve the public interest. In renewing or reissuing a waiver under 
this subsection, the Administrator shall include in any such renewed or 
reissued waiver such conditions as are necessary to minimize any 
adverse environmental impacts to the extent practicable.
    ``(e) Subsequent Action by Court.--If a waiver issued under this 
section is subsequently stayed, modified, or set aside by a court 
pursuant a provision of law, any omission or action previously taken by 
a party under the waiver while the waiver was in effect shall remain 
subject to subsection (c).
    ``(f) Definitions.--In this section:
            ``(1) Covered requirement.--The term `covered requirement' 
        means--
                    ``(A) any standard established under section 3002, 
                3003, or 3004;
                    ``(B) the permit requirement under section 3005; or
                    ``(C) any other requirement of this Act, as the 
                Administrator determines appropriate.
            ``(2) Critical energy resource.--The term `critical energy 
        resource' means, as determined by the Secretary of Energy, any 
        energy resource--
                    ``(A) that is essential to the energy sector and 
                energy systems of the United States; and
                    ``(B) the supply chain of which is vulnerable to 
                disruption.
            ``(3) Critical energy resource facility.--The term 
        `critical energy resource facility' means a facility that 
        processes or refines a critical energy resource.''.
            (2) Table of contents.--The table of contents of the Solid 
        Waste Disposal Act (42 U.S.C. 6901 note; Public Law 89-272) is 
        amended by inserting after the item relating to section 3024 
        the following:

``Sec. 3025. Waivers for critical energy resource facilities.''.

SEC. 10012. ENDING FUTURE DELAYS IN CHEMICAL SUBSTANCE REVIEW FOR 
              CRITICAL ENERGY RESOURCES.

    Section 5(a) of the Toxic Substances Control Act (15 U.S.C. 
2604(a)) is amended by adding at the end the following:
            ``(6) Critical energy resources.--
                    ``(A) Standard.--For purposes of a determination 
                under paragraph (3) with respect to a chemical 
                substance that is a critical energy resource, the 
                Administrator shall take into consideration economic, 
                societal, and environmental costs and benefits, 
                notwithstanding any requirement of this section to not 
                take such factors into consideration.
                    ``(B) Failure to render determination.--
                            ``(i) Actions authorized.--If, with respect 
                        to a chemical substance that is a critical 
                        energy resource, the Administrator fails to 
                        make a determination on a notice under 
                        paragraph (3) by the end of the applicable 
                        review period and the notice has not been 
                        withdrawn by the submitter, the submitter may 
                        take the actions described in paragraph (1)(A) 
                        with respect to the chemical substance, and the 
                        Administrator shall be relieved of any 
                        requirement to make such determination.
                            ``(ii) Non-duplication.--A refund of 
                        applicable fees under paragraph (4)(A) shall 
                        not be made if a submitter takes an action 
                        described in paragraph (1)(A) under this 
                        subparagraph.
                    ``(C) Prerequisite for suggestion of withdrawal or 
                suspension.--The Administrator may not suggest to, or 
                request of, a submitter of a notice under this 
                subsection for a chemical substance that is a critical 
                energy resource that such submitter withdraw such 
                notice, or request a suspension of the running of the 
                applicable review period with respect to such notice, 
                unless the Administrator has--
                            ``(i) conducted a preliminary review of 
                        such notice; and
                            ``(ii) provided to the submitter a draft of 
                        a determination under paragraph (3), including 
                        any supporting information.
                    ``(D) Definition.--For purposes of this paragraph, 
                the term `critical energy resource' means, as 
                determined by the Secretary of Energy, any energy 
                resource--
                            ``(i) that is essential to the energy 
                        sector and energy systems of the United States; 
                        and
                            ``(ii) the supply chain of which is 
                        vulnerable to disruption.''.

SEC. 10013. NATURAL GAS TAX REPEAL.

    (a) Repeal.--Section 136 of the Clean Air Act (42 U.S.C. 7436) 
(relating to methane emissions and waste reduction incentive program 
for petroleum and natural gas systems) is repealed.
    (b) Rescission.--The unobligated balance of any amounts made 
available under section 136 of the Clean Air Act (42 U.S.C. 7436) (as 
in effect on the day before the date of enactment of this Act) is 
rescinded.

SEC. 10014. REPEAL OF GREENHOUSE GAS REDUCTION FUND.

    (a) Repeal.--Section 134 of the Clean Air Act (42 U.S.C. 7434) 
(relating to the greenhouse gas reduction fund) is repealed.
    (b) Rescission.--The unobligated balance of any amounts made 
available under section 134 of the Clean Air Act (42 U.S.C. 7434) (as 
in effect on the day before the date of enactment of this Act) is 
rescinded.
    (c) Conforming Amendment.--Section 60103 of Public Law 117-169 
(relating to the greenhouse gas reduction fund) is repealed.

SEC. 10015. KEEPING AMERICA'S REFINERIES OPERATING.

    (a) In General.--The owner or operator of a stationary source 
described in subsection (b) of this section shall not be required by 
the regulations promulgated under section 112(r)(7)(B) of the Clean Air 
Act (42 U.S.C. 7412(r)(7)(B)) to include in any hazard assessment under 
clause (ii) of such section 112(r)(7)(B) an assessment of safer 
technology and alternative risk management measures with respect to the 
use of hydrofluoric acid in an alkylation unit.
    (b) Stationary Source Described.--A stationary source described in 
this subsection is a stationary source (as defined in section 
112(r)(2)(C) of the Clean Air Act (42 U.S.C. 7412(r)(2)(C))) in North 
American Industry Classification System code 324--
            (1) for which a construction permit or operating permit has 
        been issued pursuant to the Clean Air Act (42 U.S.C. 7401 et 
        seq.); or
            (2) for which the owner or operator demonstrates to the 
        Administrator of the Environmental Protection Agency that such 
        stationary source conforms or will conform to the most recent 
        version of American Petroleum Institute Recommended Practice 
        751.

SEC. 10016. HOMEOWNER ENERGY FREEDOM.

    (a) In General.--The following are repealed:
            (1) Section 50122 of Public Law 117-169 (42 U.S.C. 18795a) 
        (relating to a high-efficiency electric home rebate program).
            (2) Section 50123 of Public Law 117-169 (42 U.S.C. 18795b) 
        (relating to State-based home energy efficiency contractor 
        training grants).
            (3) Section 50131 of Public Law 117-169 (136 Stat. 2041) 
        (relating to assistance for latest and zero building energy 
        code adoption).
    (b) Rescissions.--The unobligated balances of any amounts made 
available under each of sections 50122, 50123, and 50131 of Public Law 
117-169 (42 U.S.C. 18795a, 18795b; 136 Stat. 2041) (as in effect on the 
day before the date of enactment of this Act) are rescinded.
    (c) Conforming Amendment.--Section 50121(c)(7) of Public Law 117-
169 (42 U.S.C. 18795(c)(7)) is amended by striking ``, including a 
rebate provided under a high-efficiency electric home rebate program 
(as defined in section 50122(d)),''.

DIVISION B--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF 
                           AMERICAN RESOURCES

SEC. 20001. SHORT TITLE; TABLE OF CONTENTS.

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

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.
                   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.
                 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.
                  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.

          TITLE I--ONSHORE AND OFFSHORE LEASING AND OVERSIGHT

SEC. 20101. ONSHORE OIL AND GAS LEASING.

    (a) Requirement To Immediately Resume Onshore Oil and Gas Lease 
Sales.--
            (1) In general.--The Secretary of the Interior shall 
        immediately resume quarterly onshore oil and gas lease sales in 
        compliance with the Mineral Leasing Act (30 U.S.C. 181 et 
        seq.).
            (2) Requirement.--The Secretary of the Interior shall 
        ensure--
                    (A) that any oil and gas lease sale pursuant to 
                paragraph (1) is conducted immediately on completion of 
                all applicable scoping, public comment, and 
                environmental analysis requirements under the Mineral 
                Leasing Act (30 U.S.C. 181 et seq.) and the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.); and
                    (B) that the processes described in subparagraph 
                (A) are conducted in a timely manner to ensure 
                compliance with subsection (b)(1).
            (3) Lease of oil and gas lands.--Section 17(b)(1)(A) of the 
        Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended by 
        inserting ``Eligible lands comprise all lands subject to 
        leasing under this Act and not excluded from leasing by a 
        statutory or regulatory prohibition. Available lands are those 
        lands that have been designated as open for leasing under a 
        land use plan developed under section 202 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1712) and that 
        have been nominated for leasing through the submission of an 
        expression of interest, are subject to drainage in the absence 
        of leasing, or are otherwise designated as available pursuant 
        to regulations adopted by the Secretary.'' after ``sales are 
        necessary.''.
    (b) Quarterly Lease Sales.--
            (1) In general.--In accordance with the Mineral Leasing Act 
        (30 U.S.C. 181 et seq.), each fiscal year, the Secretary of the 
        Interior shall conduct a minimum of 4 oil and gas lease sales 
        in each of the following States:
                    (A) Wyoming.
                    (B) New Mexico.
                    (C) Colorado.
                    (D) Utah.
                    (E) Montana.
                    (F) North Dakota.
                    (G) Oklahoma.
                    (H) Nevada.
                    (I) Alaska.
                    (J) Any other State in which there is land 
                available for oil and gas leasing under the Mineral 
                Leasing Act (30 U.S.C. 181 et seq.) or any other 
                mineral leasing law.
            (2) Requirement.--In conducting a lease sale under 
        paragraph (1) in a State described in that paragraph, the 
        Secretary of the Interior shall offer all parcels nominated and 
        eligible pursuant to the requirements of the Mineral Leasing 
        Act (30 U.S.C. 181 et seq.) for oil and gas exploration, 
        development, and production under the resource management plan 
        in effect for the State.
            (3) Replacement sales.--The Secretary of the Interior shall 
        conduct a replacement sale during the same fiscal year if--
                    (A) a lease sale under paragraph (1) is canceled, 
                delayed, or deferred, including for a lack of eligible 
                parcels; or
                    (B) during a lease sale under paragraph (1) the 
                percentage of acreage that does not receive a bid is 
                equal to or greater than 25 percent of the acreage 
                offered.
            (4) Notice regarding missed sales.--Not later than 30 days 
        after a sale required under this subsection is canceled, 
        delayed, deferred, or otherwise missed, the Secretary of the 
        Interior shall submit to the Committee on Natural Resources of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate a report that states what sale 
        was missed and why it was missed.

SEC. 20102. LEASE REINSTATEMENT.

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

SEC. 20103. PROTESTED LEASE SALES.

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

SEC. 20104. SUSPENSION OF OPERATIONS.

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

SEC. 20105. ADMINISTRATIVE PROTEST PROCESS REFORM.

    Section 17 of the Mineral Leasing Act (30 U.S.C. 226) (as amended 
by section 20104) is further amended by adding at the end the 
following:
    ``(s) Protest Filing Fee.--
            ``(1) In general.--Before processing any protest filed 
        under this section, the Secretary shall collect a filing fee in 
        the amount described in paragraph (2) from the protestor to 
        recover the cost for processing documents filed for each 
        administrative protest.
            ``(2) Amount.--The amount described in this paragraph is 
        calculated as follows:
                    ``(A) For each protest filed in a submission not 
                exceeding 10 pages in length, the base filing fee shall 
                be $150.
                    ``(B) For each submission exceeding 10 pages in 
                length, in addition to the base filing fee, an 
                assessment of $5 per page in excess of 10 pages shall 
                apply.
                    ``(C) For protests that include more than one oil 
                and gas lease parcel, right-of-way, or application for 
                permit to drill in a submission, an additional 
                assessment of $10 per additional lease parcel, right-
                of-way, or application for permit to drill shall apply.
            ``(3) Adjustment.--
                    ``(A) In general.--Beginning on January 1, 2024, 
                and annually thereafter, the Secretary shall adjust the 
                filing fees established in this subsection to whole 
                dollar amounts to reflect changes in the Producer Price 
                Index, as published by the Bureau of Labor Statistics, 
                for the previous 12 months.
                    ``(B) Publication of adjusted filing fees.--At 
                least 30 days before the filing fees as adjusted under 
                this paragraph take effect, the Secretary shall publish 
                notification of the adjustment of such fees in the 
                Federal Register.''.

SEC. 20106. LEASING AND PERMITTING TRANSPARENCY.

    (a) Report.--Not later than 30 days after the date of enactment of 
this Act, and annually thereafter, the Secretary of the Interior shall 
submit to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate a report that describes--
            (1) the status of nominated parcels for future onshore oil 
        and gas and geothermal lease sales, including--
                    (A) the number of expressions of interest received 
                each month during the period of 365 days that ends on 
                the date on which the report is submitted with respect 
                to which the Bureau of Land Management--
                            (i) has not taken any action to review;
                            (ii) has not completed review; or
                            (iii) has completed review and determined 
                        that the relevant area meets all applicable 
                        requirements for leasing, but has not offered 
                        the relevant area in a lease sale;
                    (B) how long expressions of interest described in 
                subparagraph (A) have been pending; and
                    (C) a plan, including timelines, for how the 
                Secretary of the Interior plans to--
                            (i) work through future expressions of 
                        interest to prevent delays;
                            (ii) put expressions of interest described 
                        in subparagraph (A) into a lease sale; and
                            (iii) complete review for expressions of 
                        interest described in clauses (i) and (ii) of 
                        subparagraph (A);
            (2) the status of each pending application for permit to 
        drill received during the period of 365 days that ends on the 
        date on which the report is submitted, including the number of 
        applications received each month, by each Bureau of Land 
        Management office, including--
                    (A) a description of the cause of delay for pending 
                applications, including as a result of staffing 
                shortages, technical limitations, incomplete 
                applications, and incomplete review pursuant to the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) or other applicable laws;
                    (B) the number of days an application has been 
                pending in violation of section 17(p)(2) of the Mineral 
                Leasing Act (30 U.S.C. 226(p)(2)); and
                    (C) a plan for how the office intends to come into 
                compliance with the requirements of section 17(p)(2) of 
                the Mineral Leasing Act (30 U.S.C. 226(p)(2));
            (3) the number of permits to drill issued each month by 
        each Bureau of Land Management office during the 5-year period 
        ending on the date on which the report is submitted;
            (4) the status of each pending application for a license 
        for offshore geological and geophysical surveys received during 
        the period of 365 days that ends on the date on which the 
        report is submitted, including the number of applications 
        received each month, by each Bureau of Ocean Energy management 
        regional office, including--
                    (A) a description of any cause of delay for pending 
                applications, including as a result of staffing 
                shortages, technical limitations, incomplete 
                applications, and incomplete review pursuant to the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) or other applicable laws;
                    (B) the number of days an application has been 
                pending; and
                    (C) a plan for how the Bureau of Ocean Energy 
                Management intends to complete review of each 
                application;
            (5) the number of licenses for offshore geological and 
        geophysical surveys issued each month by each Bureau of Ocean 
        Energy Management regional office during the 5-year period 
        ending on the date on which the report is submitted;
            (6) the status of each pending application for a permit to 
        drill received during the period of 365 days that ends on the 
        date on which the report is submitted, including the number of 
        applications received each month, by each Bureau of Safety and 
        Environmental Enforcement regional office, including--
                    (A) a description of any cause of delay for pending 
                applications, including as a result of staffing 
                shortages, technical limitations, incomplete 
                applications, and incomplete review pursuant to the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) or other applicable laws;
                    (B) the number of days an application has been 
                pending; and
                    (C) steps the Bureau of Safety and Environmental 
                Enforcement is taking to complete review of each 
                application;
            (7) the number of permits to drill issued each month by 
        each Bureau of Safety and Environmental Enforcement regional 
        office during the period of 365 days that ends on the date on 
        which the report is submitted;
            (8) how, as applicable, the Bureau of Land Management, the 
        Bureau of Ocean Energy Management, and the Bureau of Safety and 
        Environmental Enforcement determines whether to--
                    (A) issue a license for geological and geophysical 
                surveys;
                    (B) issue a permit to drill; and
                    (C) issue, extend, or suspend an oil and gas lease;
            (9) when determinations described in paragraph (8) are sent 
        to the national office of the Bureau of Land Management, the 
        Bureau of Ocean Energy Management, or the Bureau of Safety and 
        Environmental Enforcement for final approval;
            (10) the degree to which Bureau of Land Management, Bureau 
        of Ocean Energy Management, and Bureau of Safety and 
        Environmental Enforcement field, State, and regional offices 
        exercise discretion on such final approval;
            (11) during the period of 365 days that ends on the date on 
        which the report is submitted, the number of auctioned leases 
        receiving accepted bids that have not been issued to winning 
        bidders and the number of days such leases have not been 
        issued; and
            (12) a description of the uses of application for permit to 
        drill fees paid by permit holders during the 5-year period 
        ending on the date on which the report is submitted.
    (b) Pending Applications for Permits To Drill.--Not later than 30 
days after the date of enactment of this Act, the Secretary of the 
Interior shall--
            (1) complete all requirements under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
        other applicable law that must be met before issuance of a 
        permit to drill described in paragraph (2); and
            (2) issue a permit for all completed applications to drill 
        that are pending on the date of enactment of this Act.
    (c) Public Availability of Data.--
            (1) Mineral leasing act.--Section 17 of the Mineral Leasing 
        Act (30 U.S.C. 226) (as amended by section 20105) is further 
        amended by adding at the end the following:
    ``(t) Public Availability of Data.--
            ``(1) Expressions of interest.--Not later than 30 days 
        after the date of enactment of this subsection, and each month 
        thereafter, the Secretary shall publish on the website of the 
        Department of the Interior the number of pending, approved, and 
        not approved expressions of interest in nominated parcels for 
        future onshore oil and gas lease sales in the preceding month.
            ``(2) Applications for permits to drill.--Not later than 30 
        days after the date of enactment of this subsection, and each 
        month thereafter, the Secretary shall publish on the website of 
        the Department of the Interior the number of pending and 
        approved applications for permits to drill in the preceding 
        month in each State office.
            ``(3) Past data.--Not later than 30 days after the date of 
        enactment of this subsection, the Secretary shall publish on 
        the website of the Department of the Interior, with respect to 
        each month during the 5-year period ending on the date of 
        enactment of this subsection--
                    ``(A) the number of approved and not approved 
                expressions of interest for onshore oil and gas lease 
                sales during such 5-year period; and
                    ``(B) the number of approved and not approved 
                applications for permits to drill during such 5-year 
                period.''.
            (2) Outer continental shelf lands act.--Section 8 of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended 
        by adding at the end the following:
    ``(q) Public Availability of Data.--
            ``(1) Offshore geological and geophysical survey 
        licenses.--Not later than 30 days after the date of enactment 
        of this subsection, and each month thereafter, the Secretary 
        shall publish on the website of the Department of the Interior 
        the number of pending and approved applications for licenses 
        for offshore geological and geophysical surveys in the 
        preceding month.
            ``(2) Applications for permits to drill.--Not later than 30 
        days after the date of enactment of this subsection, and each 
        month thereafter, the Secretary shall publish on the website of 
        the Department of the Interior the number of pending and 
        approved applications for permits to drill on the outer 
        Continental Shelf in the preceding month in each regional 
        office.
            ``(3) Past data.--Not later than 30 days after the date of 
        enactment of this subsection, the Secretary shall publish on 
        the website of the Department of the Interior, with respect 
        each month during the 5-year period ending on the date of 
        enactment of this subsection--
                    ``(A) the number of approved applications for 
                licenses for offshore geological and geophysical 
                surveys; and
                    ``(B) the number of approved applications for 
                permits to drill on the outer Continental Shelf.''.
    (d) Requirement To Submit Documents and Communications.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of the Interior shall 
        submit to the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives all documents and communications relating to 
        the comprehensive review of Federal oil and gas permitting and 
        leasing practices required under section 208 of Executive Order 
        14008 (42 U.S.C. 4321 note; relating to tackling the climate 
        crisis at home and abroad).
            (2) Inclusions.--The submission under paragraph (1) shall 
        include all documents and communications submitted to the 
        Secretary of the Interior by members of the public in response 
        to any public meeting or forum relating to the comprehensive 
        review described in that paragraph.

SEC. 20107. OFFSHORE OIL AND GAS LEASING.

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

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

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

SEC. 20109. GEOTHERMAL LEASING.

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

SEC. 20110. LEASING FOR CERTAIN QUALIFIED COAL APPLICATIONS.

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

SEC. 20111. FUTURE COAL LEASING.

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

SEC. 20112. STAFF PLANNING REPORT.

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

SEC. 20113. PROHIBITION ON CHINESE COMMUNIST PARTY OWNERSHIP INTEREST.

    Notwithstanding any other provision of law, the Communist Party of 
China (or a person acting on behalf of the Community Party of China) 
may not acquire any interest with respect to lands leased for oil or 
gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

SEC. 20114. EFFECT ON OTHER LAW.

    Nothing in this division, or any amendments made by this division, 
shall affect--
            (1) the Presidential memorandum entitled ``Memorandum on 
        Withdrawal of Certain Areas of the United States Outer 
        Continental Shelf From Leasing Disposition'' and dated 
        September 8, 2020;
            (2) the Presidential memorandum entitled ``Memorandum on 
        Withdrawal of Certain Areas of the United States Outer 
        Continental Shelf From Leasing Disposition'' and dated 
        September 25, 2020;
            (3) the Presidential memorandum entitled ``Memorandum on 
        Withdrawal of Certain Areas off the Atlantic Coast on the Outer 
        Continental Shelf From Leasing Disposition'' and dated December 
        20, 2016; or
            (4) the ban on oil and gas development in the Great Lakes 
        described in section 386 of the Energy Policy Act of 2005 (42 
        U.S.C. 15941).

                   TITLE II--PERMITTING STREAMLINING

SEC. 20201. DEFINITIONS.

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

SEC. 20202. BUILDER ACT.

    (a) Paragraph (2) of Section 102.--Section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
            (1) in subparagraph (A), by striking ``insure'' and 
        inserting ``ensure'';
            (2) in subparagraph (B), by striking ``insure'' and 
        inserting ``ensure'';
            (3) in subparagraph (C)--
                    (A) by inserting ``consistent with the provisions 
                of this Act and except as provided by other provisions 
                of law,'' before ``include in every'';
                    (B) by striking clauses (i) through (v) and 
                inserting the following:
                    ``(i) reasonably foreseeable environmental effects 
                with a reasonably close causal relationship to the 
                proposed agency action;
                    ``(ii) any reasonably foreseeable adverse 
                environmental effects which cannot be avoided should 
                the proposal be implemented;
                    ``(iii) a reasonable number of alternatives to the 
                proposed agency action, including an analysis of any 
                negative environmental impacts of not implementing the 
                proposed agency action in the case of a no action 
                alternative, that are technically and economically 
                feasible, are within the jurisdiction of the agency, 
                meet the purpose and need of the proposal, and, where 
                applicable, meet the goals of the applicant;
                    ``(iv) the relationship between local short-term 
                uses of man's environment and the maintenance and 
                enhancement of long-term productivity; and
                    ``(v) any irreversible and irretrievable 
                commitments of Federal resources which would be 
                involved in the proposed agency action should it be 
                implemented.''; and
                    (C) in the undesignated matter following clause (v) 
                (as so amended), by striking ``the responsible Federal 
                official'' and inserting ``the head of the lead 
                agency'';
            (4) in subparagraph (D), by striking ``Any'' and inserting 
        ``any'';
            (5) by redesignating subparagraphs (D) through (I) as 
        subparagraphs (F) through (K), respectively;
            (6) by inserting after subparagraph (C) the following:
            ``(D) ensure the professional integrity, including 
        scientific integrity, of the discussion and analysis in an 
        environmental document;
            ``(E) make use of reliable existing data and resources in 
        carrying out this Act;'';
            (7) by amending subparagraph (G), as redesignated, to read 
        as follows:
            ``(G) consistent with the provisions of this Act, study, 
        develop, and describe technically and economically feasible 
        alternatives within the jurisdiction and authority of the 
        agency;''; and
            (8) in subparagraph (H), as redesignated, by inserting 
        ``consistent with the provisions of this Act,'' before 
        ``recognize''.
    (b) New Sections.--Title I of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4331 et seq.) is amended by adding at the end the 
following:

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

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

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

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

``SEC. 108. JUDICIAL REVIEW.

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

``SEC. 109. DEFINITIONS.

    ``In this title:
            ``(1) Categorical exclusion.--The term `categorical 
        exclusion' means a category of actions that a Federal agency 
        has determined normally does not significantly affect the 
        quality of the human environment within the meaning of section 
        102(2)(C).
            ``(2) Cooperating agency.--The term `cooperating agency' 
        means any Federal, State, Tribal, or local agency that has been 
        designated as a cooperating agency under section 107(a)(3).
            ``(3) Council.--The term `Council' means the Council on 
        Environmental Quality established in title II.
            ``(4) Environmental assessment.--The term `environmental 
        assessment' means an environmental assessment prepared under 
        section 106(b)(2).
            ``(5) Environmental document.--The term `environmental 
        document' means an environmental impact statement, an 
        environmental assessment, or a finding of no significant 
        impact.
            ``(6) Environmental impact statement.--The term 
        `environmental impact statement' means a detailed written 
        statement that is required by section 102(2)(C).
            ``(7) Finding of no significant impact.--The term `finding 
        of no significant impact' means a determination by a Federal 
        agency that a proposed agency action does not require the 
        issuance of an environmental impact statement.
            ``(8) Involved federal agency.--The term `involved Federal 
        agency' means an agency that, with respect to a proposed agency 
        action--
                    ``(A) proposed such action; or
                    ``(B) is involved in such action because such 
                action is directly related, through functional 
                interdependence or geographic proximity, to an action 
                such agency has taken or has proposed to take.
            ``(9) Lead agency.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `lead agency' means, with 
                respect to a proposed agency action--
                            ``(i) the agency that proposed such action; 
                        or
                            ``(ii) if there are 2 or more involved 
                        Federal agencies with respect to such action, 
                        the agency designated under section 107(a)(1).
                    ``(B) Specification for mineral exploration or mine 
                permits.--With respect to a proposed mineral 
                exploration or mine permit, the term `lead agency' has 
                the meaning given such term in section 40206(a) of the 
                Infrastructure Investment and Jobs Act (30 U.S.C. 
                1607).
            ``(10) Major federal action.--
                    ``(A) In general.--The term `major Federal action' 
                means an action that the agency carrying out such 
                action determines is subject to substantial Federal 
                control and responsibility.
                    ``(B) Exclusion.--The term `major Federal action' 
                does not include--
                            ``(i) a non-Federal action--
                                    ``(I) with no or minimal Federal 
                                funding;
                                    ``(II) with no or minimal Federal 
                                involvement where a Federal agency 
                                cannot control the outcome of the 
                                project; or
                                    ``(III) that does not include 
                                Federal land;
                            ``(ii) funding assistance solely in the 
                        form of general revenue sharing funds which do 
                        not provide Federal agency compliance or 
                        enforcement responsibility over the subsequent 
                        use of such funds;
                            ``(iii) loans, loan guarantees, or other 
                        forms of financial assistance where a Federal 
                        agency does not exercise sufficient control and 
                        responsibility over the effect of the action;
                            ``(iv) farm ownership and operating loan 
                        guarantees by the Farm Service Agency pursuant 
                        to sections 305 and 311 through 319 of the 
                        Consolidated Farm and Rural Development Act (7 
                        U.S.C. 1925, 1941-1949);
                            ``(v) business loan guarantees provided by 
                        the Small Business Administration pursuant to 
                        subsection (a) or (b) of section 7 of the Small 
                        Business Act (15 U.S.C. 636), or title V of the 
                        Small Business Investment Act of 1958 (15 
                        U.S.C. 695 et seq.);
                            ``(vi) bringing judicial or administrative 
                        civil or criminal enforcement actions; or
                            ``(vii) extraterritorial activities or 
                        decisions, which means agency activities or 
                        decisions with effects located entirely outside 
                        of the jurisdiction of the United States.
                    ``(C) Additional exclusions.--An agency action may 
                not be determined to be a major Federal action on the 
                basis of--
                            ``(i) an interstate effect of the action or 
                        related project; or
                            ``(ii) the provision of Federal funds for 
                        the action or related project.
            ``(11) Mineral exploration or mine permit.--The term 
        `mineral exploration or mine permit' has the meaning given such 
        term in section 40206(a) of the Infrastructure Investment and 
        Jobs Act (30 U.S.C. 1607).
            ``(12) Proposal.--The term `proposal' means a proposed 
        action at a stage when an agency has a goal, is actively 
        preparing to make a decision on 1 or more alternative means of 
        accomplishing that goal, and can meaningfully evaluate its 
        effects.
            ``(13) Reasonably foreseeable.--The term `reasonably 
        foreseeable' means likely to occur--
                    ``(A) not later than 10 years after the lead agency 
                begins preparing the environmental document; and
                    ``(B) in an area directly affected by the proposed 
                agency action such that an individual of ordinary 
                prudence would take such occurrence into account in 
                reaching a decision.
            ``(14) Special expertise.--The term `special expertise' 
        means statutory responsibility, agency mission, or related 
        program experience.''.

SEC. 20203. CODIFICATION OF NATIONAL ENVIRONMENTAL POLICY ACT 
              REGULATIONS.

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

SEC. 20204. NON-MAJOR FEDERAL ACTIONS.

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

SEC. 20205. NO NET LOSS DETERMINATION FOR EXISTING RIGHTS-OF-WAY.

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

SEC. 20206. DETERMINATION OF NATIONAL ENVIRONMENTAL POLICY ACT 
              ADEQUACY.

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

SEC. 20207. DETERMINATION REGARDING RIGHTS-OF-WAY.

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

SEC. 20208. TERMS OF RIGHTS-OF-WAY.

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

SEC. 20209. FUNDING TO PROCESS PERMITS AND DEVELOP INFORMATION 
              TECHNOLOGY.

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

SEC. 20210. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING.

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

SEC. 20211. DEFERRAL OF APPLICATIONS FOR PERMITS TO DRILL.

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

SEC. 20212. PROCESSING AND TERMS OF APPLICATIONS FOR PERMITS TO DRILL.

    (a) Effect of Pending Civil Actions.--Section 17(p) of the Mineral 
Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the 
following:
            ``(4) Effect of pending civil action on processing 
        applications for permits to drill.--Pursuant to the 
        requirements of paragraph (2), notwithstanding the existence of 
        any pending civil actions affecting the application or related 
        lease, the Secretary shall process an application for a permit 
        to drill or other authorizations or approvals under a valid 
        existing lease, unless a United States Federal court vacated 
        such lease. Nothing in this paragraph shall be construed as 
        providing authority to a Federal court to vacate a lease.''.
    (b) Term of Permit To Drill.--Section 17 of the Mineral Leasing Act 
(30 U.S.C. 226) (as amended by section 20106(c)(1)) is further amended 
by adding at the end the following:
    ``(u) Term of Permit To Drill.--A permit to drill issued under this 
section after the date of the enactment of this subsection shall be 
valid for 1 4-year term from the date that the permit is approved, or 
until the lease regarding which the permit is issued expires, whichever 
occurs first.''.

SEC. 20213. AMENDMENTS TO THE ENERGY POLICY ACT OF 2005.

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

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

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

SEC. 20214. ACCESS TO FEDERAL ENERGY RESOURCES FROM NON-FEDERAL SURFACE 
              ESTATE.

    (a) Oil and Gas Permits.--Section 17 of the Mineral Leasing Act (30 
U.S.C. 226) (as amended by section 20212(b)) is further amended by 
adding at the end the following:
    ``(v) No Federal Permit Required for Oil and Gas Activities on 
Certain Land.--
            ``(1) In general.--The Secretary shall not require an 
        operator to obtain a Federal drilling permit for oil and gas 
        exploration and production activities conducted on non-Federal 
        surface estate, provided that--
                    ``(A) the United States holds an ownership interest 
                of less than 50 percent of the subsurface mineral 
                estate to be accessed by the proposed action; and
                    ``(B) the operator submits to the Secretary a State 
                permit to conduct oil and gas exploration and 
                production activities on the non-Federal surface 
                estate.
            ``(2) No federal action.--An oil and gas exploration and 
        production activity carried out under paragraph (1)--
                    ``(A) shall not be considered a major Federal 
                action for the purposes of section 102(2)(C) of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4332(2)(C));
                    ``(B) shall require no additional Federal action;
                    ``(C) may commence 30 days after submission of the 
                State permit to the Secretary; and
                    ``(D) shall not be subject to--
                            ``(i) section 306108 of title 54, United 
                        States Code (commonly known as the `National 
                        Historic Preservation Act of 1966'); or
                            ``(ii) section 7 of the Endangered Species 
                        Act of 1973 (16 U.S.C. 1536).
            ``(3) Royalties and production accountability.--(A) Nothing 
        in this subsection shall affect the amount of royalties due to 
        the United States under this Act from the production of oil and 
        gas, or alter the Secretary's authority to conduct audits and 
        collect civil penalties pursuant to the Federal Oil and Gas 
        Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.).
            ``(B) The Secretary may conduct onsite reviews and 
        inspections to ensure proper accountability, measurement, and 
        reporting of production of Federal oil and gas, and payment of 
        royalties.
            ``(4) Exceptions.--This subsection shall not apply to 
        actions on Indian lands or resources managed in trust for the 
        benefit of Indian tribes.
            ``(5) Indian land.--In this subsection, the term `Indian 
        land' means--
                    ``(A) any land located within the boundaries of an 
                Indian reservation, pueblo, or rancheria; and
                    ``(B) any land not located within the boundaries of 
                an Indian reservation, pueblo, or rancheria, the title 
                to which is held--
                            ``(i) in trust by the United States for the 
                        benefit of an Indian tribe or an individual 
                        Indian;
                            ``(ii) by an Indian tribe or an individual 
                        Indian, subject to restriction against 
                        alienation under laws of the United States; or
                            ``(iii) by a dependent Indian community.''.
    (b) Geothermal Permits.--The Geothermal Steam Act of 1970 (30 
U.S.C. 1001 et seq.) is amended by adding at the end the following:

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

    ``(a) In General.--The Secretary shall not require an operator to 
obtain a Federal drilling permit for geothermal exploration and 
production activities conducted on a non-Federal surface estate, 
provided that--
            ``(1) the United States holds an ownership interest of less 
        than 50 percent of the subsurface geothermal estate to be 
        accessed by the proposed action; and
            ``(2) the operator submits to the Secretary a State permit 
        to conduct geothermal exploration and production activities on 
        the non-Federal surface estate.
    ``(b) No Federal Action.--A geothermal exploration and production 
activity carried out under subsection (a)--
            ``(1) shall not be considered a major Federal action for 
        the purposes of section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C));
            ``(2) shall require no additional Federal action;
            ``(3) may commence 30 days after submission of the State 
        permit to the Secretary; and
            ``(4) shall not be subject to--
                    ``(A) section 306108 of title 54, United States 
                Code (commonly known as the `National Historic 
                Preservation Act of 1966'); or
                    ``(B) section 7 of the Endangered Species Act of 
                1973 (16 U.S.C. 1536).
    ``(c) Royalties and Production Accountability.--(1) Nothing in this 
section shall affect the amount of royalties due to the United States 
under this Act from the production of electricity using geothermal 
resources (other than direct use of geothermal resources) or the 
production of any byproducts.
    ``(2) The Secretary may conduct onsite reviews and inspections to 
ensure proper accountability, measurement, and reporting of the 
production described in paragraph (1), and payment of royalties.
    ``(d) Exceptions.--This section shall not apply to actions on 
Indian lands or resources managed in trust for the benefit of Indian 
tribes.
    ``(e) Indian Land.--In this section, the term `Indian land' means--
            ``(1) any land located within the boundaries of an Indian 
        reservation, pueblo, or rancheria; and
            ``(2) any land not located within the boundaries of an 
        Indian reservation, pueblo, or rancheria, the title to which is 
        held--
                    ``(A) in trust by the United States for the benefit 
                of an Indian tribe or an individual Indian;
                    ``(B) by an Indian tribe or an individual Indian, 
                subject to restriction against alienation under laws of 
                the United States; or
                    ``(C) by a dependent Indian community.''.

SEC. 20215. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL AND GAS LEASES.

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

SEC. 20216. EXPEDITING APPROVAL OF GATHERING LINES.

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

SEC. 20217. LEASE SALE LITIGATION.

    Notwithstanding any other provision of law, any oil and gas lease 
sale held under section 17 of the Mineral Leasing Act (26 U.S.C. 226) 
or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) shall 
not be vacated and activities on leases awarded in the sale shall not 
be otherwise limited, delayed, or enjoined unless the court concludes 
allowing development of the challenged lease will pose a risk of an 
imminent and substantial environmental harm and there is no other 
equitable remedy available as a matter of law. No court, in response to 
an action brought pursuant to the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), may enjoin or issue any order preventing 
the award of leases to a bidder in a lease sale conducted pursuant to 
section 17 of the Mineral Leasing Act (26 U.S.C. 226) or the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) if the Department 
of the Interior has previously opened bids for such leases or disclosed 
the high bidder for any tract that was included in such lease sale.

SEC. 20218. LIMITATION ON CLAIMS.

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

SEC. 20219. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON PERMITS TO 
              DRILL.

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

SEC. 20220. E-NEPA.

    (a) Permitting Portal Study.--The Council on Environmental Quality 
shall conduct a study and submit a report to Congress within 1 year of 
the date of enactment of this Act on the potential to create an online 
permitting portal for permits that require review under section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) that would--
            (1) allow applicants to--
                    (A) submit required documents or materials for 
                their application in 1 unified portal;
                    (B) upload additional documents as required by the 
                applicable agency; and
                    (C) track the progress of individual applications;
            (2) enhance interagency coordination in consultation by--
                    (A) allowing for comments in 1 unified portal;
                    (B) centralizing data necessary for reviews; and
                    (C) streamlining communications between other 
                agencies and the applicant; and
            (3) boost transparency in agency decisionmaking.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $500,000 for the Council of Environmental Quality to carry 
out the study directed by this section.

                 TITLE III--PERMITTING FOR MINING NEEDS

SEC. 20301. DEFINITIONS.

    In this title:
            (1) Byproduct.--The term ``byproduct'' has the meaning 
        given such term in section 7002(a) of the Energy Act of 2020 
        (30 U.S.C. 1606(a)).
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (3) Mineral.--The term ``mineral'' means any mineral 
        subject to sections 2319 through 2344 of the Revised Statutes 
        (commonly known as the ``Mining Law of 1872'') (30 U.S.C. 22 et 
        seq.) and any mineral located on lands acquired by the United 
        States (as defined in section 2 of the Mineral Leasing Act for 
        Acquired Lands (30 U.S.C. 351)).
            (4) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of the Interior.
            (5) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands; and
                    (G) the United States Virgin Islands.

SEC. 20302. MINERALS SUPPLY CHAIN AND RELIABILITY.

    Section 40206 of the Infrastructure Investment and Jobs Act (30 
U.S.C. 1607) is amended--
            (1) in the section heading, by striking ``critical 
        minerals'' and inserting ``minerals'';
            (2) by amending subsection (a) to read as follows:
    ``(a) Definitions.--In this section:
            ``(1) Lead agency.--The term `lead agency' means the 
        Federal agency with primary responsibility for issuing a 
        mineral exploration or mine permit or lease for a mineral 
        project.
            ``(2) Mineral.--The term `mineral' has the meaning given 
        such term in section 20301 of the TAPP American Resources Act.
            ``(3) Mineral exploration or mine permit.--The term 
        `mineral exploration or mine permit' means--
                    ``(A) an authorization of the Bureau of Land 
                Management or the Forest Service, as applicable, for 
                exploration for minerals that requires analysis under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.);
                    ``(B) a plan of operations for a mineral project 
                approved by the Bureau of Land Management or the Forest 
                Service; or
                    ``(C) any other Federal permit or authorization for 
                a mineral project.
            ``(4) Mineral project.--The term `mineral project' means a 
        project--
                    ``(A) located on--
                            ``(i) a mining claim, millsite claim, or 
                        tunnel site claim for any mineral;
                            ``(ii) lands open to mineral entry; or
                            ``(iii) a Federal mineral lease; and
                    ``(B) for the purposes of exploring for or 
                producing minerals.'';
            (3) in subsection (b), by striking ``critical'' each place 
        such term appears;
            (4) in subsection (c)--
                    (A) by striking ``critical mineral production on 
                Federal land'' and inserting ``mineral projects'';
                    (B) by inserting ``, and in accordance with 
                subsection (h)'' after ``to the maximum extent 
                practicable'';
                    (C) by striking ``shall complete the'' and 
                inserting ``shall complete such'';
                    (D) in paragraph (1), by striking ``critical 
                mineral-related activities on Federal land'' and 
                inserting ``mineral projects'';
                    (E) in paragraph (8), by striking the ``and'' at 
                the end;
                    (F) in paragraph (9), by striking ``procedures.'' 
                and inserting ``procedures; and''; and
                    (G) by adding at the end the following:
            ``(10) deferring to and relying on baseline data, analyses, 
        and reviews performed by State agencies with jurisdiction over 
        the environmental or reclamation permits for the proposed 
        mineral project.'';
            (5) in subsection (d)--
                    (A) by striking ``critical'' each place such term 
                appears; and
                    (B) in paragraph (3), by striking ``mineral-related 
                activities on Federal land'' and inserting ``mineral 
                projects'';
            (6) in subsection (e), by striking ``critical'';
            (7) in subsection (f), by striking ``critical'' each place 
        such term appears;
            (8) in subsection (g), by striking ``critical''; and
            (9) by adding at the end the following:
    ``(h) Other Requirements.--
            ``(1) Memorandum of agreement.--For purposes of maximizing 
        efficiency and effectiveness of the Federal permitting and 
        review processes described under subsection (c), the lead 
        agency in the Federal permitting and review processes of a 
        mineral project shall (in consultation with any other Federal 
        agency involved in such Federal permitting and review 
        processes, and upon request of the project applicant, an 
        affected State government, local government, or an Indian 
        Tribe, or other entity such lead agency determines appropriate) 
        enter into a memorandum of agreement with a project applicant 
        where requested by the applicant to carry out the activities 
        described in subsection (c).
            ``(2) Timelines and schedules for nepa reviews.--
                    ``(A) Extension.--A project applicant may enter 
                into 1 or more agreements with a lead agency to extend 
                the deadlines described in subparagraphs (A) and (B) of 
                subsection (h)(1) of section 107 of title I of the 
                National Environmental Policy Act of 1969 by, with 
                respect to each such agreement, not more than 6 months.
                    ``(B) Adjustment of timelines.--At the request of a 
                project applicant, the lead agency and any other entity 
                which is a signatory to a memorandum of agreement under 
                paragraph (1) may, by unanimous agreement, adjust--
                            ``(i) any deadlines described in 
                        subparagraph (A); and
                            ``(ii) any deadlines extended under 
                        subparagraph (B).
            ``(3) Effect on pending applications.--Upon a written 
        request by a project applicant, the requirements of this 
        subsection shall apply to any application for a mineral 
        exploration or mine permit or mineral lease that was submitted 
        before the date of enactment of the TAPP American Resources 
        Act.''.

SEC. 20303. FEDERAL REGISTER PROCESS IMPROVEMENT.

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

SEC. 20304. DESIGNATION OF MINING AS A COVERED SECTOR FOR FEDERAL 
              PERMITTING IMPROVEMENT PURPOSES.

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

SEC. 20305. TREATMENT OF ACTIONS UNDER PRESIDENTIAL DETERMINATION 2022-
              11 FOR FEDERAL PERMITTING IMPROVEMENT PURPOSES.

    (a) In General.--Except as provided by subsection (c), an action 
described in subsection (b) shall be--
            (1) treated as a covered project, as defined in section 
        41001(6) of the FAST Act (42 U.S.C. 4370m(6)), without regard 
        to the requirements of that section; and
            (2) included in the Permitting Dashboard maintained 
        pursuant to section 41003(b) of that Act (42 U.S.C. 4370m-
        2(b)).
    (b) Actions Described.--An action described in this subsection is 
an action taken by the Secretary of Defense pursuant to Presidential 
Determination 2022-11 (87 Fed. Reg. 19775; relating to certain actions 
under section 303 of the Defense Production Act of 1950) or the 
Presidential Memorandum of February 27, 2023, entitled ``Presidential 
Waiver of Statutory Requirements Pursuant to Section 303 of the Defense 
Production Act of 1950, as amended, on Department of Defense Supply 
Chains Resilience'' (88 Fed. Reg. 13015) to create, maintain, protect, 
expand, or restore sustainable and responsible domestic production 
capabilities through--
            (1) supporting feasibility studies for mature mining, 
        beneficiation, and value-added processing projects;
            (2) byproduct and co-product production at existing mining, 
        mine waste reclamation, and other industrial facilities;
            (3) modernization of mining, beneficiation, and value-added 
        processing to increase productivity, environmental 
        sustainability, and workforce safety; or
            (4) any other activity authorized under section 303(a)(1) 
        of the Defense Production Act of 1950 15 (50 U.S.C. 
        4533(a)(1)).
    (c) Exception.--An action described in subsection (b) may not be 
treated as a covered project or be included in the Permitting Dashboard 
under subsection (a) if the project sponsor (as defined in section 
41001(18) of the FAST Act (42 U.S.C. 4370m(18))) requests that the 
action not be treated as a covered project.

SEC. 20306. NOTICE FOR MINERAL EXPLORATION ACTIVITIES WITH LIMITED 
              SURFACE DISTURBANCE.

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

SEC. 20307. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.

    Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 
U.S.C. 28f) is amended by adding at the end the following:
    ``(e) Security of Tenure.--
            ``(1) In general.--
                    ``(A) In general.--A claimant shall have the right 
                to use, occupy, and conduct operations on public land, 
                with or without the discovery of a valuable mineral 
                deposit, if--
                            ``(i) such claimant makes a timely payment 
                        of the location fee required by section 10102 
                        and the claim maintenance fee required by 
                        subsection (a); or
                            ``(ii) in the case of a claimant who 
                        qualifies for a waiver under subsection (d), 
                        such claimant makes a timely payment of the 
                        location fee and complies with the required 
                        assessment work under the general mining laws.
                    ``(B) Operations defined.--For the purposes of this 
                paragraph, the term `operations' means--
                            ``(i) any activity or work carried out in 
                        connection with prospecting, exploration, 
                        processing, discovery and assessment, 
                        development, or extraction with respect to a 
                        locatable mineral;
                            ``(ii) the reclamation of any disturbed 
                        areas; and
                            ``(iii) any other reasonably incident uses, 
                        whether on a mining claim or not, including the 
                        construction and maintenance of facilities, 
                        roads, transmission lines, pipelines, and any 
                        other necessary infrastructure or means of 
                        access on public land for support facilities.
            ``(2) Fulfillment of federal land policy and management 
        act.--A claimant that fulfills the requirements of this section 
        and section 10102 shall be deemed to satisfy the requirements 
        of any provision of the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1701 et seq.) that requires the payment of 
        fair market value to the United States for use of public lands 
        and resources relating to use of such lands and resources 
        authorized by the general mining laws.
            ``(3) Savings clause.--Nothing in this subsection may be 
        construed to diminish the rights of entry, use, and occupancy, 
        or any other right, of a claimant under the general mining 
        laws.''.

SEC. 20308. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL MINERAL.

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

SEC. 20309. BARRING FOREIGN BAD ACTORS FROM OPERATING ON FEDERAL LANDS.

    A mining claimant shall be barred from the right to use, occupy, 
and conduct operations on Federal land if the Secretary finds the 
claimant has a foreign parent company that has (including through a 
subsidiary)--
            (1) a known record of human rights violations; or
            (2) knowingly operated an illegal mine in another country.

                  TITLE IV--FEDERAL LAND USE PLANNING

SEC. 20401. FEDERAL LAND USE PLANNING AND WITHDRAWALS.

    (a) Resource Assessments Required.--Federal lands and waters may 
not be withdrawn from entry under the mining laws or operation of the 
mineral leasing and mineral materials laws unless--
            (1) a quantitative and qualitative geophysical and 
        geological mineral resource assessment of the impacted area has 
        been completed during the 10-year period ending on the date of 
        such withdrawal;
            (2) the Secretary, in consultation with the Secretary of 
        Commerce, the Secretary of Energy, and the Secretary of 
        Defense, conducts an assessment of the economic, energy, 
        strategic, and national security value of mineral deposits 
        identified in such mineral resource assessment;
            (3) the Secretary conducts an assessment of the reduction 
        in future Federal revenues to the Treasury, States, the Land 
        and Water Conservation Fund, the Historic Preservation Fund, 
        and the National Parks and Public Land Legacy Restoration Fund 
        resulting from the proposed mineral withdrawal;
            (4) the Secretary, in consultation with the Secretary of 
        Defense, conducts an assessment of military readiness and 
        training activities in the proposed withdrawal area; and
            (5) the Secretary submits a report to the Committees on 
        Natural Resources, Agriculture, Energy and Commerce, and 
        Foreign Affairs of the House of Representatives and the 
        Committees on Energy and Natural Resources, Agriculture, 
        Nutrition, and forestry, and Foreign Affairs of the Senate, 
        that includes the results of the assessments completed pursuant 
        to this subsection.
    (b) Land Use Plans.--Before a resource management plan under the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) 
or a forest management plan under the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) is updated or 
completed, the Secretary or Secretary of Agriculture, as applicable, in 
consultation with the Director of the United States Geological Survey, 
shall--
            (1) review any quantitative and qualitative mineral 
        resource assessment that was completed or updated during the 
        10-year period ending on the date that the applicable land 
        management agency publishes a notice to prepare, revise, or 
        amend a land use plan by the Director of the United States 
        Geological Survey for the geographic area affected by the 
        applicable management plan;
            (2) in consultation with the Secretary of Commerce, the 
        Secretary of Energy, and the Secretary of Defense, conducts an 
        assessment of the economic, energy, strategic, and national 
        security value of mineral deposits identified in such mineral 
        resource assessment; and
            (3) submit a report to the Committees on Natural Resources, 
        Agriculture, Energy and Commerce, and Foreign Affairs of the 
        House of Representatives and the Committees on Energy and 
        Natural Resources, Agriculture, Nutrition, and Forestry, and 
        Foreign Affairs of the Senate, that includes the results of the 
        assessment completed pursuant to this subsection.
    (c) New Information.--The Secretary shall provide recommendations 
to the President on appropriate measures to reduce unnecessary impacts 
that a withdrawal of Federal lands or waters from entry under the 
mining laws or operation of the mineral leasing and mineral materials 
laws may have on mineral exploration, development, and other mineral 
activities (including authorizing exploration and development of such 
mineral deposits) not later than 180 days after the Secretary has 
notice that a resource assessment completed by the Director of the 
United States Geological Survey, in coordination with the State 
geological surveys, determines that a previously undiscovered mineral 
deposit may be present in an area that has been withdrawn from entry 
under the mining laws or operation of the mineral leasing and mineral 
materials laws pursuant to--
            (1) section 204 of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1714); or
            (2) chapter 3203 of title 54, United States Code.

SEC. 20402. PROHIBITIONS ON DELAY OF MINERAL DEVELOPMENT OF CERTAIN 
              FEDERAL LAND.

    (a) Prohibitions.--Notwithstanding any other provision of law, the 
President shall not carry out any action that would pause, restrict, or 
delay the process for or issuance of any of the following on Federal 
land, unless such lands are withdrawn from disposition under the 
mineral leasing laws, including by administrative withdrawal:
            (1) New oil and gas lease sales, oil and gas leases, drill 
        permits, or associated approvals or authorizations of any kind 
        associated with oil and gas leases.
            (2) New coal leases (including leases by application in 
        process, renewals, modifications, or expansions of existing 
        leases), permits, approvals, or authorizations.
            (3) New leases, claims, permits, approvals, or 
        authorizations for development or exploration of minerals.
    (b) Prohibition on Rescission of Leases, Permits, or Claims.--The 
President, the Secretary, or Secretary of Agriculture as applicable, 
may not rescind any existing lease, permit, or claim for the extraction 
and production of any mineral under the mining laws or mineral leasing 
and mineral materials laws on National Forest System land or land under 
the jurisdiction of the Bureau of Land Management, unless specifically 
authorized by Federal statute, or upon the lessee's, permittee's, or 
claimant's failure to comply with any of the provisions of the 
applicable lease, permit, or claim.
    (c) Mineral Defined.--In subsection (a)(3), the term ``mineral'' 
means any mineral subject to sections 2319 through 2344 of the Revised 
Statutes (commonly known as the ``Mining Law of 1872'') (30 U.S.C. 22 
et seq.) and any mineral located on lands acquired by the United States 
(as defined in section 2 of the Mineral Leasing Act for Acquired Lands 
(30 U.S.C. 351)).

SEC. 20403. DEFINITIONS.

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

           TITLE V--ENSURING COMPETITIVENESS ON FEDERAL LANDS

SEC. 20501. INCENTIVIZING DOMESTIC PRODUCTION.

    (a) Offshore Oil and Gas Royalty Rate.--Section 8(a)(1) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)) is amended--
            (1) in subparagraph (A), by striking ``not less than 16\2/
        3\ percent, but not more than 18\3/4\ percent, during the 10-
        year period beginning on the date of enactment of the Act 
        titled `An Act to provide for reconciliation pursuant to title 
        II of S. Con. Res. 14', and not less than 16\2/3\ percent 
        thereafter,'' and inserting ``not less than 12.5 percent'';
            (2) in subparagraph (C), by striking ``not less than 16\2/
        3\ percent, but not more than 18\3/4\ percent, during the 10-
        year period beginning on the date of enactment of the Act 
        titled `An Act to provide for reconciliation pursuant to title 
        II of S. Con. Res. 14', and not less than 16\2/3\ percent 
        thereafter,'' and inserting ``not less than 12.5 percent'';
            (3) in subparagraph (F), by striking ``not less than 16\2/
        3\ percent, but not more than 18\3/4\ percent, during the 10-
        year period beginning on the date of enactment of the Act 
        titled `An Act to provide for reconciliation pursuant to title 
        II of S. Con. Res. 14', and not less than 16\2/3\ percent 
        thereafter,'' and inserting ``not less than 12.5 percent''; and
            (4) in subparagraph (H), by striking ``not less than 16\2/
        3\ percent, but not more than 18\3/4\ percent, during the 10-
        year period beginning on the date of enactment of the Act 
        titled `An Act to provide for reconciliation pursuant to title 
        II of S. Con. Res. 14', and not less than 16\2/3\ percent 
        thereafter,'' and inserting ``not less than 12.5 percent''.
    (b) Mineral Leasing Act.--
            (1) Onshore oil and gas royalty rates.--Section 17 of the 
        Mineral Leasing Act (30 U.S.C. 226) is amended--
                    (A) in subsection (b)(1)(A)--
                            (i) by striking ``not less than 16\2/3\'' 
                        and inserting ``not less than 12.5''; and
                            (ii) by striking ``or, in the case of a 
                        lease issued during the 10-year period 
                        beginning on the date of enactment of the Act 
                        titled `An Act to provide for reconciliation 
                        pursuant to title II of S. Con. Res. 14', 16\2/
                        3\ percent in amount or value of the production 
                        removed or sold from the lease''; and
                    (B) by striking ``16\2/3\ percent'' each place it 
                appears and inserting ``12.5 percent''.
            (2) Oil and gas minimum bid.--Section 17(b) of the Mineral 
        Leasing Act (30 U.S.C. 226(b)) is amended--
                    (A) in paragraph (1)(B), by striking ``$10 per acre 
                during the 10-year period beginning on the date of 
                enactment of the Act titled `An Act to provide for 
                reconciliation pursuant to title II of S. Con. Res. 
                14'.'' and inserting ``$2 per acre for a period of 2 
                years from the date of enactment of the Federal Onshore 
                Oil and Gas Leasing Reform Act of 1987.''; and
                    (B) in paragraph (2)(C), by striking ``$10 per 
                acre'' and inserting ``$2 per acre''.
            (3) Fossil fuel rental rates.--Section 17(d) of the Mineral 
        Leasing Act (30 U.S.C. 226(d)) is amended to read as follows:
    ``(d) All leases issued under this section, as amended by the 
Federal Onshore Oil and Gas Leasing Reform Act of 1987, shall be 
conditioned upon payment by the lessee of a rental of not less than 
$1.50 per acre per year for the first through fifth years of the lease 
and not less than $2 per acre per year for each year thereafter. A 
minimum royalty in lieu of rental of not less than the rental which 
otherwise would be required for that lease year shall be payable at the 
expiration of each lease year beginning on or after a discovery of oil 
or gas in paying quantities on the lands leased.''.
            (4) Expression of interest fee.--Section 17 of the Mineral 
        Leasing Act (30 U.S.C. 226) is further amended by repealing 
        subsection (q).
            (5) Elimination of noncompetitive leasing.--Section 17 of 
        the Mineral Leasing Act (30 U.S.C. 226) is further amended--
                    (A) in subsection (b)--
                            (i) in paragraph (1)(A)--
                                    (I) in the first sentence, by 
                                striking ``paragraph (2)'' and 
                                inserting ``paragraphs (2) and (3)''; 
                                and
                                    (II) by adding at the end ``Lands 
                                for which no bids are received or for 
                                which the highest bid is less than the 
                                national minimum acceptable bid shall 
                                be offered promptly within 30 days for 
                                leasing under subsection (c) of this 
                                section and shall remain available for 
                                leasing for a period of 2 years after 
                                the competitive lease sale.''; and
                            (ii) by adding at the end the following:
            ``(3)(A) If the United States held a vested future interest 
        in a mineral estate that, immediately prior to becoming a 
        vested present interest, was subject to a lease under which oil 
        or gas was being produced, or had a well capable of producing, 
        in paying quantities at an annual average production volume per 
        well per day of either not more than 15 barrels per day of oil 
        or condensate, or not more than 60,000 cubic feet of gas, the 
        holder of the lease may elect to continue the lease as a 
        noncompetitive lease under subsection (c)(1).
            ``(B) An election under this paragraph is effective--
                    ``(i) in the case of an interest which vested after 
                January 1, 1990, and on or before October 24, 1992, if 
                the election is made before the date that is 1 year 
                after October 24, 1992;
                    ``(ii) in the case of an interest which vests 
                within 1 year after October 24, 1992, if the election 
                is made before the date that is 2 years after October 
                24, 1992; and
                    ``(iii) in any case other than those described in 
                clause (i) or (ii), if the election is made prior to 
                the interest becoming a vested present interest.'';
                    (B) by striking subsection (c) and inserting the 
                following:
    ``(c) Lands Subject to Leasing Under Subsection (b); First 
Qualified Applicant.--
            ``(1) If the lands to be leased are not leased under 
        subsection (b)(1) of this section or are not subject to 
        competitive leasing under subsection (b)(2) of this section, 
        the person first making application for the lease who is 
        qualified to hold a lease under this chapter shall be entitled 
        to a lease of such lands without competitive bidding, upon 
        payment of a non-refundable application fee of at least $75. A 
        lease under this subsection shall be conditioned upon the 
        payment of a royalty at a rate of 12.5 percent in amount or 
        value of the production removed or sold from the lease. Leases 
        shall be issued within 60 days of the date on which the 
        Secretary identifies the first responsible qualified applicant.
            ``(2)(A) Lands (i) which were posted for sale under 
        subsection (b)(1) of this section but for which no bids were 
        received or for which the highest bid was less than the 
        national minimum acceptable bid and (ii) for which, at the end 
        of the period referred to in subsection (b)(1) of this section 
        no lease has been issued and no lease application is pending 
        under paragraph (1) of this subsection, shall again be 
        available for leasing only in accordance with subsection (b)(1) 
        of this section.
            ``(B) The land in any lease which is issued under paragraph 
        (1) of this subsection or under subsection (b)(1) of this 
        section which lease terminates, expires, is cancelled or is 
        relinquished shall again be available for leasing only in 
        accordance with subsection (b)(1) of this section.''; and
                    (C) by striking subsection (e) and inserting the 
                following:
    ``(e) Primary Term.--Competitive and noncompetitive leases issued 
under this section shall be for a primary term of 10 years: Provided, 
however, That competitive leases issued in special tar sand areas shall 
also be for a primary term of 10 years. Each such lease shall continue 
so long after its primary term as oil or gas is produced in paying 
quantities. Any lease issued under this section for land on which, or 
for which under an approved cooperative or unit plan of development or 
operation, actual drilling operations were commenced prior to the end 
of its primary term and are being diligently prosecuted at that time 
shall be extended for 2 years and so long thereafter as oil or gas is 
produced in paying quantities.''.
            (6) Conforming amendments.--Section 31 of the Mineral 
        Leasing Act (30 U.S.C. 188) is amended--
                    (A) in subsection (d)(1), by striking ``section 
                17(b)'' and inserting ``subsection (b) or (c) of 
                section 17 of this Act'';
                    (B) in subsection (e)--
                            (i) in paragraph (2)--
                                    (I) by inserting ``either'' after 
                                ``rentals and''; and
                                    (II) by inserting ``or the 
                                inclusion in a reinstated lease issued 
                                pursuant to the provisions of section 
                                17(c) of this Act of a requirement that 
                                future rentals shall be at a rate not 
                                less than $5 per acre per year, all'' 
                                before ``as determined by the 
                                Secretary''; and
                            (ii) by amending paragraph (3) to read as 
                        follows:
            ``(3)(A) payment of back royalties and the inclusion in a 
        reinstated lease issued pursuant to the provisions of section 
        17(b) of this Act of a requirement for future royalties at a 
        rate of not less than 16\2/3\ percent computed on a sliding 
        scale based upon the average production per well per day, at a 
        rate which shall be not less than 4 percentage points greater 
        than the competitive royalty schedule then in force and used 
        for royalty determination for competitive leases issued 
        pursuant to such section as determined by the Secretary: 
        Provided, That royalty on such reinstated lease shall be paid 
        on all production removed or sold from such lease subsequent to 
        the termination of the original lease;
            ``(B) payment of back royalties and inclusion in a 
        reinstated lease issued pursuant to the provisions of section 
        17(c) of this Act of a requirement for future royalties at a 
        rate not less than 16\2/3\ percent: Provided, That royalty on 
        such reinstated lease shall be paid on all production removed 
        or sold from such lease subsequent to the cancellation or 
        termination of the original lease; and'';
                    (C) in subsection (f)--
                            (i) in paragraph (1), by striking ``in the 
                        same manner as the original lease issued 
                        pursuant to section 17'' and inserting ``as a 
                        competitive or a noncompetitive oil and gas 
                        lease in the same manner as the original lease 
                        issued pursuant to subsection (b) or (c) of 
                        section 17 of this Act'';
                            (ii) by redesignating paragraphs (2) and 
                        (3) as paragraph (3) and (4), respectively; and
                            (iii) by inserting after paragraph (1) the 
                        following:
            ``(2) Except as otherwise provided in this section, the 
        issuance of a lease in lieu of an abandoned patented oil placer 
        mining claim shall be treated as a noncompetitive oil and gas 
        lease issued pursuant to section 17(c) of this Act.'';
                    (D) in subsection (g), by striking ``subsection 
                (d)'' and inserting ``subsections (d) and (f)'';
                    (E) by amending subsection (h) to read as follows:
    ``(h) Royalty Reductions.--
            ``(1) In acting on a petition to issue a noncompetitive oil 
        and gas lease, under subsection (f) of this section or in 
        response to a request filed after issuance of such a lease, or 
        both, the Secretary is authorized to reduce the royalty on such 
        lease if in his judgment it is equitable to do so or the 
        circumstances warrant such relief due to uneconomic or other 
        circumstances which could cause undue hardship or premature 
        termination of production.
            ``(2) In acting on a petition for reinstatement pursuant to 
        subsection (d) of this section or in response to a request 
        filed after reinstatement, or both, the Secretary is authorized 
        to reduce the royalty in that reinstated lease on the entire 
        leasehold or any tract or portion thereof segregated for 
        royalty purposes if, in his judgment, there are uneconomic or 
        other circumstances which could cause undue hardship or 
        premature termination of production; or because of any written 
        action of the United States, its agents or employees, which 
        preceded, and was a major consideration in, the lessee's 
        expenditure of funds to develop the property under the lease 
        after the rent had become due and had not been paid; or if in 
        the judgment of the Secretary it is equitable to do so for any 
        reason.'';
                    (F) by redesignating subsections (f) through (i) as 
                subsections (g) through (j), respectively; and
                    (G) by inserting after subsection (e) the 
                following:
    ``(f) Issuance of Noncompetitive Oil and Gas Lease; Conditions.--
Where an unpatented oil placer mining claim validly located prior to 
February 24, 1920, which has been or is currently producing or is 
capable of producing oil or gas, has been or is hereafter deemed 
conclusively abandoned for failure to file timely the required 
instruments or copies of instruments required by section 314 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744), and it 
is shown to the satisfaction of the Secretary that such failure was 
inadvertent, justifiable, or not due to lack of reasonable diligence on 
the part of the owner, the Secretary may issue, for the lands covered 
by the abandoned unpatented oil placer mining claim, a noncompetitive 
oil and gas lease, consistent with the provisions of section 17(e) of 
this Act, to be effective from the statutory date the claim was deemed 
conclusively abandoned. Issuance of such a lease shall be conditioned 
upon--
            ``(1) a petition for issuance of a noncompetitive oil and 
        gas lease, together with the required rental and royalty, 
        including back rental and royalty accruing from the statutory 
        date of abandonment of the oil placer mining claim, being filed 
        with the Secretary (A) with respect to any claim deemed 
        conclusively abandoned on or before January 12, 1983, on or 
        before the 120th day after January 12, 1983, or (B) with 
        respect to any claim deemed conclusively abandoned after 
        January 12, 1983, on or before the 120th day after final 
        notification by the Secretary or a court of competent 
        jurisdiction of the determination of the abandonment of the oil 
        placer mining claim;
            ``(2) a valid lease not having been issued affecting any of 
        the lands covered by the abandoned oil placer mining claim 
        prior to the filing of such petition: Provided, however, That 
        after the filing of a petition for issuance of a lease under 
        this subsection, the Secretary shall not issue any new lease 
        affecting any of the lands covered by such abandoned oil placer 
        mining claim for a reasonable period, as determined in 
        accordance with regulations issued by him;
            ``(3) a requirement in the lease for payment of rental, 
        including back rentals accruing from the statutory date of 
        abandonment of the oil placer mining claim, of not less than $5 
        per acre per year;
            ``(4) a requirement in the lease for payment of royalty on 
        production removed or sold from the oil placer mining claim, 
        including all royalty on production made subsequent to the 
        statutory date the claim was deemed conclusively abandoned, of 
        not less than 12\1/2\ percent; and
            ``(5) compliance with the notice and reimbursement of costs 
        provisions of paragraph (4) of subsection (e) but addressed to 
        the petition covering the conversion of an abandoned unpatented 
        oil placer mining claim to a noncompetitive oil and gas 
        lease.''.

                    TITLE VI--ENERGY REVENUE SHARING

SEC. 20601. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUE.

    (a) Distribution of Outer Continental Shelf Revenue to Gulf 
Producing States.--Section 105 of the Gulf of Mexico Energy Security 
Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``50'' and 
                inserting ``37.5''; and
                    (B) in paragraph (2)--
                            (i) by striking ``50'' and inserting 
                        ``62.5'';
                            (ii) in subparagraph (A), by striking 
                        ``75'' and inserting ``80''; and
                            (iii) in subparagraph (B), by striking 
                        ``25'' and inserting ``20''; and
            (2) by striking subsection (f) and inserting the following:
    ``(f) Treatment of Amounts.--Amounts disbursed to a Gulf producing 
State under this section shall be treated as revenue sharing and not as 
a Federal award or grant for the purposes of part 200 of title 2, Code 
of Federal Regulations.''.
    (b) Exemption of Certain Payments From Sequestration.--
            (1) In general.--Section 255(g)(1)(A) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
        905(g)(1)(A)) is amended by inserting after ``Payments to 
        Social Security Trust Funds (28-0404-0-1-651).'' the following:
            ``Payments to States pursuant to section 105(a)(2)(A) of 
        the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 
        note; Public Law 109-432) (014-5535-0-2-302).''.
            (2) Applicability.--The amendment made by this subsection 
        shall apply to any sequestration order issued under the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 900 et seq.) on or after the date of enactment of this 
        Act.

SEC. 20602. PARITY IN OFFSHORE WIND REVENUE SHARING.

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

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

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

                            ``(iii) Timing.--The amounts required to be 
                        deposited under subclause (I) of clause (ii) 
                        for the applicable fiscal year shall be made 
                        available in accordance with such subclause 
                        during the fiscal year immediately following 
                        the applicable fiscal year.
                            ``(iv) Authorized uses.--
                                    ``(I) In general.--Subject to 
                                subclause (II), each eligible State 
                                shall use all amounts received under 
                                clause (ii)(II) in accordance with all 
                                applicable Federal and State laws, only 
                                for 1 or more of the following 
                                purposes:
                                            ``(aa) Projects and 
                                        activities for the purposes of 
                                        coastal protection and 
                                        resiliency, including 
                                        conservation, coastal 
                                        restoration, estuary 
                                        management, beach nourishment, 
                                        hurricane and flood protection, 
                                        and infrastructure directly 
                                        affected by coastal wetland 
                                        losses.
                                            ``(bb) Mitigation of damage 
                                        to fish, wildlife, or natural 
                                        resources, including through 
                                        fisheries science and research.
                                            ``(cc) Implementation of a 
                                        federally approved marine, 
                                        coastal, or comprehensive 
                                        conservation management plan.
                                            ``(dd) Mitigation of the 
                                        impact of outer Continental 
                                        Shelf activities through the 
                                        funding of onshore 
                                        infrastructure projects.
                                            ``(ee) Planning assistance 
                                        and the administrative costs of 
                                        complying with this section.
                                            ``(ff) Infrastructure 
                                        improvements at ports, 
                                        including modifications to 
                                        Federal navigation channels, to 
                                        support installation of 
                                        offshore wind energy projects.
                                    ``(II) Limitation.--Of the amounts 
                                received by an eligible State under 
                                clause (ii)(II), not more than 3 
                                percent shall be used for the purposes 
                                described in subclause (I)(ee).
                            ``(v) Administration.--Subject to clause 
                        (vi)(III), amounts made available under items 
                        (aa) and (cc) of clause (ii)(I) shall--
                                    ``(I) be made available, without 
                                further appropriation, in accordance 
                                with this subparagraph;
                                    ``(II) remain available until 
                                expended; and
                                    ``(III) be in addition to any 
                                amount appropriated under any other 
                                Act.
                            ``(vi) Reporting requirement.--
                                    ``(I) In general.--Not later than 
                                180 days after the end of each fiscal 
                                year, the Governor of each eligible 
                                State that receives amounts under 
                                clause (ii)(II) for the applicable 
                                fiscal year shall submit to the 
                                Secretary a report that describes the 
                                use of the amounts by the eligible 
                                State during the period covered by the 
                                report.
                                    ``(II) Public availability.--On 
                                receipt of a report submitted under 
                                subclause (I), the Secretary shall make 
                                the report available to the public on 
                                the website of the Department of the 
                                Interior.
                                    ``(III) Limitation.--If the 
                                Governor of an eligible State that 
                                receives amounts under clause (ii)(II) 
                                fails to submit the report required 
                                under subclause (I) by the deadline 
                                specified in that subclause, any 
                                amounts that would otherwise be 
                                provided to the eligible State under 
                                clause (ii)(II) for the succeeding 
                                fiscal year shall be deposited in the 
                                Treasury.
                            ``(vii) Treatment of amounts.--Amounts 
                        disbursed to an eligible State under this 
                        subsection shall be treated as revenue sharing 
                        and not as a Federal award or grant for the 
                        purposes of part 200 of title 2, Code of 
                        Federal Regulations.''.
    (b) Wind Lease Sales for Areas of the Outer Continental Shelf 
Offshore of Territories of the United States.--Section 33 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1356c) is amended by adding at 
the end the following:
    ``(b) Wind Lease Sale Procedure.--Any wind lease granted pursuant 
to this section shall be considered a wind lease granted under section 
8(p), including for purposes of the disposition of revenues pursuant to 
subparagraphs (B) and (C) of section 8(p)(2).''.
    (c) Exemption of Certain Payments From Sequestration.--
            (1) In general.--Section 255(g)(1)(A) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
        905(g)(1)(A)) is amended by inserting after ``Payments to 
        Social Security Trust Funds (28-0404-0-1-651).'' the following:
            ``Payments to States pursuant to subparagraph 
        (C)(ii)(I)(cc) of section 8(p)(2) of the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1337(p)(2)).''.
            (2) Applicability.--The amendment made by this subsection 
        shall apply to any sequestration order issued under the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 900 et seq.) on or after the date of enactment of this 
        Act.

SEC. 20603. ELIMINATION OF ADMINISTRATIVE FEE UNDER THE MINERAL LEASING 
              ACT.

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

 DIVISION C--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT

SEC. 30001. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This division may be cited as the ``Water Quality 
Certification and Energy Project Improvement Act of 2023''.
    (b) Table of Contents.--The table of contents of 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. 30002. CERTIFICATION.

    Section 401 of the Federal Water Pollution Control Act (33 U.S.C. 
1341) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in the first sentence, by striking 
                        ``may result'' and inserting ``may directly 
                        result'';
                            (ii) in the second sentence, by striking 
                        ``activity'' and inserting ``discharge'';
                            (iii) in the third sentence, by striking 
                        ``applications'' each place it appears and 
                        inserting ``requests'';
                            (iv) in the fifth sentence, by striking 
                        ``act on'' and inserting ``grant or deny''; and
                            (v) by inserting after the fourth sentence 
                        the following: ``Not later than 30 days after 
                        the date of enactment of the Water Quality 
                        Certification and Energy Project Improvement 
                        Act of 2023, each State and interstate agency 
                        that has authority to give such a 
                        certification, and the Administrator, shall 
                        publish requirements for certification to 
                        demonstrate to such State, such interstate 
                        agency, or the Administrator, as the case may 
                        be, compliance with the applicable provisions 
                        of sections 301, 302, 303, 306, and 307. A 
                        decision to grant or deny a request for 
                        certification shall be based only on the 
                        applicable provisions of sections 301, 302, 
                        303, 306, and 307, and the grounds for the 
                        decision shall be set forth in writing and 
                        provided to the applicant. Not later than 90 
                        days after receipt of a request for 
                        certification, the State, interstate agency, or 
                        Administrator, as the case may be, shall 
                        identify in writing all specific additional 
                        materials or information that are necessary to 
                        grant or deny the request.'';
                    (B) in paragraph (2)--
                            (i) in the second sentence, by striking 
                        ``notice of application for such Federal 
                        license or permit'' and inserting ``receipt of 
                        a notice under the preceding sentence'';
                            (ii) in the third sentence, by striking 
                        ``any water quality requirement'' and inserting 
                        ``any applicable provision of section 301, 302, 
                        303, 306, or 307'';
                            (iii) in the fifth sentence, by striking 
                        ``insure compliance with applicable water 
                        quality requirements.'' and inserting ``ensure 
                        compliance with the applicable provisions of 
                        sections 301, 302, 303, 306, and 307.'';
                            (iv) in the final sentence, by striking 
                        ``insure'' and inserting ``ensure''; and
                            (v) by striking the first sentence and 
                        inserting ``On receipt of a request for 
                        certification, the certifying State or 
                        interstate agency, as applicable, shall 
                        immediately notify the Administrator of the 
                        request.'';
                    (C) in paragraph (3), in the second sentence, by 
                striking ``section'' and inserting ``any applicable 
                provision of section'';
                    (D) in paragraph (4)--
                            (i) in the first sentence, by striking 
                        ``assuring that applicable effluent limitations 
                        or other limitations or other applicable water 
                        quality requirements will not be violated'' and 
                        inserting ``ensuring that no applicable 
                        provision of section 301, 302, 303, 306, or 307 
                        will be violated'';
                            (ii) in the second sentence, by striking 
                        ``will violate applicable effluent limitations 
                        or other limitations or other water quality 
                        requirements'' and inserting ``will directly 
                        result in a discharge that violates an 
                        applicable provision of section 301, 302, 303, 
                        306, or 307,''; and
                            (iii) in the third sentence, by striking 
                        ``such facility or activity will not violate 
                        the applicable provisions'' and inserting 
                        ``operation of such facility or activity will 
                        not directly result in a discharge that 
                        violates any applicable provision''; and
                    (E) in paragraph (5), by striking ``the applicable 
                provisions'' and inserting ``any applicable 
                provision'';
            (2) in subsection (d), by striking ``any applicable 
        effluent limitations and other limitations, under section 301 
        or 302 of this Act, standard of performance under section 306 
        of this Act, or prohibition, effluent standard, or pretreatment 
        standard under section 307 of this Act, and with any other 
        appropriate requirement of State law set forth in such 
        certification, and'' and inserting ``the applicable provisions 
        of sections 301, 302, 303, 306, and 307, and any such 
        limitations or requirements''; and
            (3) by adding at the end the following:
    ``(e) For purposes of this section, the applicable provisions of 
sections 301, 302, 303, 306, and 307 are any applicable effluent 
limitations and other limitations under section 301 or 302, standard of 
performance under section 306, prohibition, effluent standard, or 
pretreatment standard under section 307, and requirement of State law 
implementing water quality criteria under section 303 necessary to 
support the designated use or uses of the receiving navigable 
waters.''.
                                 &lt;all&gt;
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