Limit, Save, Grow Act of 2023

Subjects: Economics and Public Finance, Administrative law and regulatory procedures, Advanced technology and technological innovations, Advisory bodies, Air quality, Alaska, Alternative and renewable resources, Appropriations, Asia, Budget deficits and national debt, Building construction, Business expenses, Business investment and capital, Canada, Cardiovascular and respiratory health, China, Civil actions and liability, Coal, Colorado, Competition and antitrust, Competitiveness, trade promotion, trade deficits, Computer security and identity theft, Congressional oversight, Congressional-executive branch relations, Department of Education, Department of Energy, Department of Health and Human Services, Department of Housing and Urban Development, Department of the Treasury, Disaster relief and insurance, Economic performance and conditions, Electric power generation and transmission, Emergency medical services and trauma care, Energy efficiency and conservation, Energy prices, Energy research, Energy revenues and royalties, Energy storage, supplies, demand, Environmental Protection Agency (EPA), Environmental assessment, monitoring, research, Environmental health, Environmental regulatory procedures, Executive agency funding and structure, Federal Energy Regulatory Commission (FERC), Fires, Food assistance and relief, Forests, forestry, trees, Government buildings, facilities, and property, Government information and archives, Government lending and loan guarantees, Government studies and investigations, Hazardous wastes and toxic substances, Higher education, Housing and community development funding, Hybrid, electric, and advanced technology vehicles, Income tax credits, Income tax deductions, Income tax exclusion, Indian lands and resources rights, Industrial policy and productivity, Infectious and parasitic diseases, Inflation and prices, Intergovernmental relations, Internal Revenue Service (IRS), Judicial review and appeals, Labor standards, Land transfers, Land use and conservation, Latin America, Legislative rules and procedure, Licensing and registrations, Lighting, heating, cooling, Low- and moderate-income housing, Manufacturing, Marine and coastal resources, fisheries, Medicaid, Metals, Mexico, Mining, Monetary policy, Montana, Motor fuels, Motor vehicles, National and community service, Nevada, New Mexico, North Dakota, Nuclear power, Oil and gas, Oklahoma, Performance measurement, Pipelines, Political parties and affiliation, Poverty and welfare assistance, Property rights, Public housing, Public participation and lobbying, Public utilities and utility rates, Residential rehabilitation and home repair, Roads and highways, Solid waste and recycling, State and local government operations, Strategic materials and reserves, Student aid and college costs, Trade restrictions, Transportation employees, Transportation safety and security, Unemployment, Utah, Wages and earnings, Water quality, Wyoming

Summary:  <p><strong>Limit, Save, Grow Act of 2023</strong></p> <p>This bill increases the federal debt limit and decreases spending. It also repeals several energy tax credits, modifies the permitting process and other requirements for energy projects, expands work requirements for the Supplemental Nutrition Assistance Program (SNAP) and other programs, and nullifies regulations for the cancellation of federal student loan debt.</p> <p>DIVISION A--LIMIT FEDERAL SPENDING</p> <p>TITLE I--DISCRETIONARY SPENDING LIMITS FOR DISCRETIONARY CATEGORY</p> <p>(Sec. 101) This section establishes discretionary spending limits for FY2024-FY2033 that include decreases in discretionary spending.</p> <p>In addition, the section extends and establishes new limits for several adjustments to discretionary spending limits that are permitted under current law to accommodate additional appropriations for certain activities. These adjustments apply to spending for</p> <ul> <li>continuing disability reviews and redeterminations,</li> <li>health care fraud and abuse control,</li> <li>reemployment services and eligibility assessments, and</li> <li>wildfire suppression.</li> </ul> <p>The section also extends the adjustment to discretionary spending limits for disaster relief funding. (Under current law, this adjustment is limited based on a statutory formula.) </p> <p>DIVISION B--SAVE TAXPAYER DOLLARS</p> <p>TITLE I--RESCISSION OF UNOBLIGATED FUNDS</p> <p>(Sec. 201) This section rescinds unobligated funds that were provided by specified acts to address the impact of COVID-19. Specifically, the section rescinds funds that were provided by </p> <ul> <li>the American Rescue Plan Act of 2021;</li> <li>the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020;</li> <li>the Families First Coronavirus Response Act;</li> <li>the Coronavirus Aid, Relief, and Economic Security Act (CARES Act); and</li> <li>the Paycheck Protection Program and Health Care Enhancement Act.</li> </ul> <p>This section also rescinds unobligated funds that were provided by two divisions of the Consolidated Appropriations Act, 2021: </p> <ul> <li>Division M (Coronavirus Response and Relief Supplemental Appropriations Act, 2021), and</li> <li>Division N (Additional Coronavirus Response and Relief). </li> </ul> <p>(Sec. 202) This section rescinds unobligated funds that were provided by the 2022 budget reconciliation act (commonly referred to as the Inflation Reduction Act of 2022). </p> <p>Specifically, the section rescinds funds that were provided for</p> <ul> <li>assisting states and local governments in adopting building codes that meet certain requirements for energy efficiency;</li> <li>financing certain energy infrastructure projects;</li> <li>carrying out priority deferred maintenance projects within the National Park System;</li> <li> reducing greenhouse gas air pollution; and</li> <li>establishing the Neighborhood Access and Equity Grant Program to improve transportation facilities. </li> </ul> <p>TITLE II--PROHIBIT UNFAIR STUDENT LOAN GIVEAWAYS</p> <p> (Sec. 211) This section nullifies certain actions taken by the Department of Education (ED) related to federal student loans, including actions that suspend federal student loan payments, discharge debt, and implement a new income-driven repayment plan. It also prohibits ED from implementing new executive actions or rules that are identical or substantially similar to the nullified actions unless the action or rule is expressly authorized by Congress. </p> <p>(Sec. 212) This section limits the authority of ED to propose or issue regulations and executive actions related to federal student-aid programs. The section prohibits ED from issuing such a proposed rule, final regulation, or executive action if ED determines that the rule, regulation, or action (1) is economically significant, and (2) would result in an increase in a subsidy cost resulting from a loan modification. <em>Economically significant</em> refers to a regulation or executive action that is likely to (1) have an annual effect on the economy of $100 million or more; or (2) adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities. </p> <p>TITLE III--REPEAL MARKET DISTORTING GREEN TAX CREDITS </p> <p>(Sec. 222) This section modifies or repeals certain energy-related tax provisions. It modifies the tax credit for producing electricity from renewable resources by decreasing the base amount of such credit and by advancing the terminating date (to before January 1, 2022) applicable to wind, open and closed-end biomass, solar, landfill gas, trash, hydropower, and marine and hydrokinetic renewable energy resources. </p> <p>(Sec. 223) This section modifies the percentage rate of the energy tax credit applicable to various energy properties, including solar, fuel cell, qualified microturbine, combined heat and power, and small wind energy and advances the terminating date for such properties. The section also repeals prevailing wage requirements for laborers and mechanics employed for the construction of qualifying energy facilities and the increased credits for using U.S.-sourced materials in energy facilities and locating in certain energy communities.</p> <p>(Sec. 224) This section repeals the increase in the energy tax credit for solar and wind facilities in low-income communities.</p> <p>(Sec. 228) This section modifies the tax credit for nonbusiness energy property to reduce the rate of such credit from 30% to 10% of qualified energy efficiency improvements and residential energy property expenditures paid or incurred by a taxpayer and eliminates the credit at the end of 2021. It revises the definition of<em> qualified energy property</em> for purposes of such credit to eliminate certain types of property, including natural gas heat pumps and biomass stoves or boilers.</p> <p>This title modifies provisions and advances certain expiration dates relating to the tax credits for new energy efficient homes (Sec. 231), new clean electric vehicles (Sec. 232), the refueling property tax credit (Sec. 235), the qualifying advanced energy projects (Sec. 236), and the tax deduction for energy efficient commercial buildings (Sec. 230).</p> <p>The title repeals the </p> <ul> <li>zero-emission nuclear power production tax credit; (Sec. 225)</li> <li>sustainable aviation fuel tax credit; (Sec. 226)</li> <li> tax credit for the production of clean hydrogen; (Sec. 227)</li> <li>tax credit for previously-owned plug-in electric and fuel cell vehicles; (Sec. 233)</li> <li> tax credit for qualified commercial clean vehicles; (Sec. 234)</li> <li> advanced manufacturing production tax credit; (Sec. 237)</li> <li>clean electricity production tax credit; (Sec. 238)</li> <li> clean electricity investment tax credit; (Sec. 239)</li> <li>five-year cost recovery for the depreciation of certain energy property or energy storage technology facilities; (Sec. 240)</li> <li> clean fuel production tax credit; (Sec. 241) and</li> <li>taxpayer election of payments, in lieu of credits, for specified energy property and production of electricity from certain renewable resources. (Sec. 242)</li> </ul> <p>TITLE IV--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION</p> <p>(Sec. 251) This title rescinds unobligated amounts made available to the Internal Revenue Service by the Inflation Reduction Act of 2022 for (1) enforcement activities, (2) operations support, and (3) a report on the cost and feasibility of a free direct e-file tax return system. It also rescinds additional funding for the Treasury Inspector General for Tax Administration, the Office of Tax Policy, the U.S. Tax Court, and Department of the Treasury offices.</p> <p>DIVISION C--GROW THE ECONOMY<br> <br> TITLE I--TEMPORARY ASSISTANCE TO NEEDY FAMILIES<br> <br> This title makes various changes to the work requirements and other aspects of the Temporary Assistance for Needy Families (TANF) program.</p> <p>(Sec. 301) This section changes the comparison year for calculating the caseload reduction credit from FY2005 to FY2022.<br> <br> Under current law, states must meet a mandatory work participation rate by ensuring that a specified percentage of families that receive TANF assistance participate in work-related activities. However, a state may earn a caseload reduction credit to lower that rate by reducing its caseload of families receiving TANF assistance as compared to its caseload in FY2005. This section changes the comparison year to FY2022.</p> <p> (Sec. 302) This section nullifies certain regulations of the Department of Health and Human Services that reduce the required work participation rate for states that exceed their maintenance of effort requirements (i.e., spend more of their own funds on TANF-related programs and activities than the amount they are required to spend under current law).</p> <p> (Sec. 303) This section restricts a practice whereby some states provide a limited amount of TANF assistance to families as a supplement to benefits that the families receive under another program and then count those families when determining their work participation rate. Specifically, it requires states to apply specified TANF conditions to that assistance.<br> <br> Currently, some states provide small amounts of TANF assistance to families who receive Supplemental Nutrition Assistance Program (SNAP) benefits and have a family member who is already working. The states then include these families for purposes of determining the work participation rate. Under this section, a state may only include those families in the work participation rate if the state applies TANF conditions related to child support, assignment of rights to other support, and work assessments to that assistance.</p> <p> (Sec. 304) This section requires states to report metrics related to the employment and educational outcomes of individuals who exit the TANF program.<br> <br> Specifically, states must report on the employment rate for individuals in unsubsidized employment following their exit from the program and their median earnings. Additionally, states must report on the percentage of individuals under age 24 who obtain a high school degree or equivalent while in the TANF program or within a year of their exit.<br> <br> (Sec. 305) This section makes the changes to the TANF program effective on October 1, 2024.</p> <p>TITLE II--SNAP EXEMPTIONS</p> <p>(Sec. 311) This section expands applicability of the work requirements for SNAP recipients who are able-bodied adults without dependents (ABAWDs). (SNAP recipients who are ABAWDs have work-related requirements in addition to the general SNAP work registration and employment and training requirements.)</p> <p>Specifically, this section applies the work requirements for ABAWDs to adults who are not over 56 years old, whereas these requirements currently apply to adults who are not over 50 years old.</p> <p> (Sec. 312) This section prohibits a state agency from accumulating unused exemptions to the ABAWD work requirement and providing them to eligible SNAP participants beyond the subsequent fiscal year.<br> <br> Currently, for each fiscal year, a state agency may exempt a certain number of SNAP recipients from the ABAWD work requirements; unused exemptions may be carried over and used in a subsequent fiscal year. Under this section, an unused exemption may not be carried over for more than one year. </p> <p> (Sec. 313) This section expands the purpose of SNAP to include assisting low-income adults in obtaining employment and increasing their earnings.</p> <p>TITLE III--COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE INDIVIDUALS</p> <p>(Sec. 321) This section establishes community engagement requirements (i.e., work requirements) for certain adults under Medicaid. </p> <p>Specifically, the community engagement requirement is for individuals ages 19 through 55 to work, engage in community service, or participate in a work program (or a combination of these) for at least 80 hours per month. The section prohibits federal payments for, and allows state Medicaid programs to disenroll, individuals who do not meet these requirements for three or more months in a year.<br> <br> The requirements do not apply to individuals who are (1) physically or mentally unfit to work, (2) pregnant, (3) parents or caretakers of children or incapacitated individuals, (4) complying with work requirements for other federal programs, (5) participating in a drug or alcohol treatment and rehabilitation program, or (6) enrolled at least half-time in school.</p> <p>TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY<br> <br> <em>Regulations from the Executive in Need of Scrutiny Act of 2023</em><br> <br> This title increases congressional oversight of agency rulemaking.<br> <br> (Sec. 333) Specifically, this section establishes a congressional approval process for a major rule. A major rule may only take effect if Congress approves the rule. A major rule is a rule that has resulted in or is likely to result in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.</p> <p>The section generally preserves the current congressional review process for a nonmajor rule.</p> <p> (Sec. 335) This section requires the Government Accountability Office to report on the total number and cost of rules in effect as of the date of enactment of this section.</p> <p>DIVISION D--H.R. 1, THE LOWER ENERGY COSTS ACT</p> <p> TITLE I--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS, INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING</p> <p> (Sec. 10001) In carrying out the Department of Energy Organization Act, the Department of Energy (DOE) must assess the supply of critical energy resources that are essential to the energy security of the United States, facilitate the development of strategies to strengthen the supply chains for those resources, develop substitutes and alternatives to those resources, and improve technology that reuses and recycles critical energy resources.</p> <p>(Sec. 10002) This section prohibits the President from declaring a moratorium on the use of hydraulic fracturing unless Congress authorizes the moratorium. Hydraulic fracturing, or fracking, is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the formation.</p> <p>This section also expresses 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.</p> <p> (Sec. 10003) DOE must direct the National Petroleum Council to publish a report on petrochemical refineries located in the United States. The report must include information concerning (1) the contributions of such refineries to U.S. energy security, (2) a projection for expanding the capacities of the refineries, (3) any federal or state executive actions that have contributed to a decline in their capacities, and (4) any recommendations to increase such capacities. </p> <p>(Sec. 10004) This section establishes a new process for permitting the construction and operation of energy infrastructure across an international border of the United States. Thus, it replaces the existing process established under specified executive orders.</p> <p>This section requires a person to obtain a certificate of crossing before constructing, connecting, operating, or maintaining a border-crossing facility for the import or export of oil, natural gas, or electricity across a U.S. border between Canada or Mexico. A certificate must be obtained from (1) the Federal Energy Regulatory Commission (FERC) for a facility consisting of oil or natural gas pipelines, or (2) from DOE for an electric transmission facility. As a condition of obtaining a DOE certificate, an electric transmission facility must be constructed, connected, operated, or maintained in accordance with specified policies and standards. </p> <p>FERC and DOE must meet a deadline for issuing a certificate as set forth by this section.</p> <p>In addition, this section also requires the President to obtain the approval of Congress before revoking a permit issued under executive orders for constructing, connecting, operating, or maintaining an oil or natural gas pipeline, an electric transmission facility, or a border-crossing facility. </p> <p>(Sec. 10005) This section expresses congressional disapproval of the revocation of the presidential permit for the Keystone XL pipeline. The permit authorized the TransCanada Keystone Pipeline to construct, connect, operate, and maintain the pipeline facilities in Phillips County, Montana, for the import of oil from Canada to the United States. </p> <p> (Sec. 10006) This section expresses 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, except with respect to petroleum exports to foreign persons or foreign governments subject to sanctions under U.S. law.</p> <p> (Sec. 10007) This section repeals certain restrictions on the import and export of natural gas under the Natural Gas Act, including (1) a requirement that FERC authorize an order to export or import natural gas only if it is in the public interest, and (2) restrictions related to free trade agreements. </p> <p>This section grants FERC the exclusive authority to approve or deny applications for the siting, construction, expansion, or operation of facilities to export natural gas to foreign countries or import natural gas from foreign countries.</p> <p> (Sec. 10008) This section expresses congressional disapproval of Oregon's denial of permits and certifications necessary for (1) a new liquefied natural gas export terminal in Coos County, Oregon; and (2) the Pacific Connector Pipeline in the counties of Klamath, Jackson, Douglas, and Coos of Oregon. </p> <p> (Sec. 10009) This section expands FERC's role in conducting environmental reviews of applications for natural gas pipelines under the Natural Gas Act. Specifically, this section makes FERC the sole lead agency for the purpose of coordinating the environmental review of such pipelines under the National Environmental Policy Act of 1969 (NEPA). Thus, federal, state, and local agencies involved in the environmental review process must defer to FERC's approved scope for a NEPA review. </p> <p>FERC must designate the other participating agencies involved in the authorization process. This section limits the environmental review that may be conducted by agencies that are not designated as participants. </p> <p>This section also expedites environmental review of such projects. Specifically, agencies must complete NEPA reviews of pipeline projects by the deadlines established in this section.</p> <p> If a federal or state agency requires the person applying for a pipeline authorization to submit data, then the agency must consider any such data gathered by aerial or other remote means that the person submits.</p> <p> In addition, this section withdraws the following policy statements: (1) <em>Certification of New Interstate Natural Gas Facilities </em>published on March 1, 2022; and (2) <em>Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews</em> published on March 11, 2022. </p> <p>Finally, this section replaces the water quality certification process under Section 401 of the Clean Water Act with the NEPA process led by FERC for an interstate natural gas pipeline or liquefied natural gas project. </p> <p>(Sec. 10010) This section gives a facility that processes or refines a critical energy resource an interim status permit under the Resource Conservation and Recovery Act until (1) the final administrative disposition of its permit application, or (2) it is proven that the facility failed to provide information needed to process the permit application. </p> <p> (Sec. 10011) This section requires the Environmental Protection Agency (EPA) to allow critical energy resource facilities to utilize flexible air permitting. Specifically, the section requires the EPA to revise regulations issued under the Clean Air Act to authorize owners or operators of critical energy resource facilities to utilize flexible air permitting, as described in the final rule titled <em>Operating Permit Programs; Flexible Air Permitting Rule </em>published on October 6, 2009. Flexible air permits contain approaches that allow the source to make operational plans and obtain approval for anticipated types of changes to those plans without subsequent review of the changes when they occur.</p> <p>This section also requires the regulations to facilitate flexible, market-responsive operations (as described in the final rule) with respect to critical energy resource facilities.</p> <p>(Sec. 10012) If the EPA determines that the processing or refining of a critical energy resource at a critical energy resource facility is necessary to meet U.S. security or energy security needs, then the EPA may issue a temporary waiver of any requirement under the Clean Air Act or the Solid Waste Disposal Act with respect to the facility to meet such needs. Further, the EPA may issue such waiver with or without notice, hearing, or other report.</p> <p> (Sec. 10013) This section eliminates a program administered by the EPA that provides incentives for petroleum and natural gas systems to reduce their emissions of methane and other greenhouse gases. It also repeals a charge on methane emissions from specific types of facilities that are required to report their greenhouse gas emissions to the EPA's Greenhouse Gas Emissions Reporting Program. </p> <p>(Sec. 10014) The Greenhouse Gas Reduction Fund is also repealed. This fund provides financial and technical assistance to states and other eligible recipients to help enable low-income and disadvantaged communities carry out activities to reduce greenhouse gas emissions. </p> <p>(Sec. 10015) This section revises the EPA's review under the Toxic Substance Control Act (TSCA) of the risks presented by chemical substances to human health or the environment. Specifically, the section establishes requirements to expedite the review of chemical substances that are considered to be critical energy resources. </p> <p>Currently, TSCA requires manufacturers and processors of chemical substances to notify the EPA before manufacturing a new chemical substance or before manufacturing or processing a substance for a significant new use. The EPA must review such notices and provide a determination on whether the substance or significant new use present an unreasonable risk. </p> <p>This section requires the EPA, when making a determination for a chemical substance that is a critical energy resource, to also consider economic, societal, and environmental costs and benefits.</p> <p>If the EPA fails to make a determination by the end of the applicable review period and the submitter has not withdrawn the notice, the submitter may then proceed in manufacturing or processing the substance. </p> <p>The EPA may only suggest the withdrawal of a notice for a chemical substance that is a critical energy resource, or request a suspension of the review period, if the EPA has conducted a preliminary review of the notice and provided a draft of determination to the submitter. </p> <p>(Sec. 10016) This section revises the EPA's Risk Management program to exempt a petroleum (e.g., gasoline) refinery that uses a hydrofluoric acid alkylation unit from certain hazard assessment requirements. Petroleum refineries use the acid during the gasoline production process. Hydrofluoric acid is hazardous and corrosive. If it is accidently released, it can form a toxic vapor cloud.</p> <p>Currently, petroleum refineries are required to include in a hazard assessment an evaluation of safer technology and alternative risk management measures for a hydrofluoric acid alkylation unit. This section eliminates that requirement if the petroleum refinery (1) has obtained a construction permit or operating permit under the program, or (2) demonstrates that it will conform to the most recent version of American Petroleum Institute Recommended Practice 751. This practice provides guidance on the safe operation of such a unit.</p> <p>(Sec. 10017) This section repeals provisions of the Deficit Reduction Act of 2022 relating to (1) the high-efficiency electric home rebate program, (2) state-based home energy efficiency contractor training grants, and (3) assistance for latest and zero building energy code adoption. It also rescinds any unobligated balances available for such programs.</p> <p> (Sec. 10018) DOE must conduct a study on how to streamline regulatory timelines relating to developing new power plants. In the study, DOE must examine practices relating to various power generating sources, including fossil and nuclear generating sources.</p> <p>(Sec. 10019) This section sets forth requirements to expedite the application review for a state to assume the responsibility (i.e., obtain primacy) from the EPA to implement underground injection control programs under the Safe Drinking Water Act. The existing review process includes requiring the applicant to prevent contamination of underground sources of drinking water from the placement of fluids underground through injection wells. The program consists of six classes of wells that are injected with (1) hazardous and non-hazardous wastes, (2) fluids associated with oil and natural gas production, (3) fluids to dissolve and extract minerals, (4) hazardous or radioactive wastes, (5) non-hazardous fluids, and (6) carbon dioxide.</p> <p>This section deems a state application for primacy approved if the EPA has not made a decision within 300 days. It also requires the EPA to work as expeditiously as possible with states to complete any pre-application activities. In addition, it revises the notice and comment process to expedite the process. </p> <p>The EPA must designate one coordinator from each regional office to be responsible for coordinating applications from states to obtain primacy for underground injection control programs for wells injected with carbon dioxide. The coordinator must evaluate the availability of resources to carry out such activities and make recommendations regarding additional resources needed to do so. For FY2023-FY2026, certain funding from the Infrastructure Investment and Jobs Act may be made available, subject to appropriations, to carry out activities concerning such wells. </p> <p>(Sec. 10020) On October 25, 2022, DOE issued a final rule about procedures for the acquisition of petroleum (e.g., crude oil) for the Strategic Petroleum Reserve (SPR), which is an emergency stockpile of petroleum. Among other requirements, the rule revised procedures to allow DOE to use either fixed-price or index-priced (i.e., price based on market rates) contracts when purchasing petroleum for the SPR.</p> <p>This section requires DOE to use index-priced contracts when acquiring petroleum for the SPR.</p> <p>(Sec. 10021) DOE must prohibit the export or sale of petroleum products from the SPR to (1) China, North Korea, Russia, and Iran; (2) any other country the government of which is subject to U.S. sanctions; and (3) any entity owned, controlled, or influenced by such countries or the Chinese Communist Party. However, DOE may issue a waiver of the prohibition if the export or sale of petroleum products is in the national security interests of the United States. </p> <p>(Sec. 10022) This section expresses congressional disapproval of the proposed tax increase on the oil and natural gas industry in the President's FY2024 budget request. </p> <p>(Sec. 10023) The EPA must report on domestic energy independence. The report must identify and assess any regulations promulgated by the EPA in the last 15 years that have reduced energy independence, increased the regulatory burden for U.S. energy producers, decreased the producer's energy output, reduced energy security, or increased energy costs for U.S. consumers. </p> <p>(Sec. 10024) The Government Accountability Office must conduct a study on how banning natural gas appliances will affect the rates and charges for electricity. </p> <p>(Sec. 10025) This section prohibits DOE from finalizing, implementing, or enforcing (1) the proposed rule titled <em>Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products; Supplemental notice of proposed rulemaking and announcement of public meeting </em>with respect to energy conservation standards for gas kitchen ranges and ovens, or (2) any rule that would limit consumer access to gas kitchen ranges and ovens.</p> <p>TITLE II--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF AMERICAN RESOURCES </p> <p><em>Transparency, Accountability, Permitting, and Production of American Resources Act or the TAPP American Resources Act</em></p> <p>Subtitle A--Onshore and Offshore Leasing and Oversight</p> <p>(Sec. 20101) The Department of the Interior must immediately resume quarterly sales of leases of onshore federal land for oil and gas development as specified by the section.</p> <p>Interior must conduct a minimum of four oil and gas lease sales in each state with land available for oil and gas leasing under mineral leasing law. If a lease sale is canceled, delayed, or deferred, then Interior must conduct a replacement sale. Interior must also conduct a replacement sale if during the original lease sale the percentage of acreage that does not receive a bid is equal to or greater than 25% of the acreage offered.</p> <p>(Sec. 20102) This section specifies that if the Interior reinstates a lease entered into under the Mineral Leasing Act or the Geothermal Steam Act of 1970, then the lease is not considered a major federal action under the National Environmental Policy Act of 1969 (NEPA). Thus, such an action does not trigger environmental review requirements under such act.</p> <p> (Sec. 20103) Interior must resolve any protest to a lease sale under the Mineral Leasing Act within 60 days after the lease holder makes the annual rental payment for the first lease year.</p> <p>(Sec. 20104) Upon the request of an owner of an oil and gas lease, Interior must grant a permit for the suspension of operations if the lease owner has expressed interest for certain adjacent acreage that has not yet been offered in a lease sale by Interior.</p> <p>(Sec. 20105) Interior must collect a filing fee from a protestor of a lease sale before processing any protest filed under the Mineral Leasing Act.</p> <p> (Sec. 20106) This section establishes requirements concerning completed applications to drill for oil and gas that are pending on the date of this section's enactment. Within 30 days of the enactment, Interior must (1) complete all requirements under NEPA and other applicable law that must be met before it may issue the permits, and (2) issue a permit for all completed applications to drill that are still pending.</p> <p>This section also creates a variety of requirements for Interior to report on and publish data concerning leases and permits to develop oil, gas, and geothermal energy.</p> <p>(Sec. 20107) By September 30, 2023, Interior must conduct all the lease sales described in the <em>2017-2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program</em> that have not yet been conducted. </p> <p>This section also requires Interior to annually conduct a minimum of two region-wide oil and gas lease sales in the Central Gulf of Mexico Planning Area and the Western Gulf of Mexico Planning Area. In addition, Interior must annually conduct a minimum of two region-wide oil and gas lease sales in the Alaska region of the Outer Continental Shelf, as described in the program.</p> <p>(Sec. 20108) By July 1, 2023, Interior must (1) issue a five-year oil and gas leasing program under the Outer Continental Shelf Lands Act for 2023-2028, and (2) issue the record of decision on the final programmatic environmental impact statement. Interior must approve each subsequent five-year oil and gas leasing program no later than 180 days before the expiration of the previous program.</p> <p> (Sec. 20109) Interior must increase the frequency of lease sales under the Geothermal Steam Act of 1970 in any state that has pending nominations of land to be leased from qualified companies or individuals. Currently, Interior must hold lease sales at least once every two years. This section requires Interior to hold a sale at least once a year.</p> <p> If a lease sale is canceled or delayed, then Interior must conduct a replacement sale during the same year.</p> <p> In addition, this section requires Interior to notify an applicant whether or not its application for a geothermal drilling permit is complete within 30 days of receiving the application. If Interior determines that the application is complete, then it must issue a final decision on the applications within 30 days of the date Interior sent the notification. </p> <p>(Sec. 20110) This section revises the environmental review of certain pending applications to lease land under a program administered by the Bureau of Land Management (BLM) to mine coal. As soon as practicable, Interior must</p> <ul> <li> publish a draft environmental assessment for each qualified application if a draft hasn't already been published, </li> <li>finalize the fair market value of the coal tract for which a lease application is pending, </li> <li>grant a qualified application that is pending, and</li> <li>grant any additional approvals needed for previously awarded coal leases in order for mining activities to commence.</li> </ul> <p>(Sec. 20111) This section nullifies Secretarial Order 3338 issued by Interior on January 15, 2016, and titled <em>Discretionary Programmatic Environmental Impact Statement to Modernize the Federal Coal Program</em>. The order directed the BLM to conduct a broad, programmatic review of its federal coal program through preparation of a programmatic environmental impact statement under NEPA and to pause issuance of certain coal leases during the review.</p> <p>(Sec. 20112) Interior and the National Forest Service must annually report on their staffing capacity and plans to ensure adequate resources to process and issue oil, gas, hardrock mining, coal, and renewable energy leases, rights-of-way, claims, easements, and permits.</p> <p>(Sec.20113) This section bans the Communist Party of China, any person acting on behalf of the party, or any entity owned by or subject to the jurisdiction of China from acquiring any interest with respect to (1) lands leased for oil or gas under the Mineral Leasing Act or the Outer Continental Shelf Lands Act, (2) farmland, (3) lands used for renewable energy production, or (4) claims subject to the General Mining Law of 1872. </p> <p>(Sec. 20114) This section specifies that this title does not affect the following presidential memorandums: the September 8, 2020, <em>Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf From Leasing Disposition</em>, the September 25, 2020,<em> Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf From Leasing Disposition</em>, and the 2016 <em>Memorandum on Withdrawal of Certain Areas off the Atlantic Coast on the Outer Continental Shelf From Leasing Disposition</em>. It also specifies that this title does not affect the ban on oil and gas development in the Great Lakes as described in the Energy Policy Act of 2005.</p> <p> (Sec. 20115) The Government Accountability Office (GAO) must publish a report on all potential adverse effects of wind energy development in the Eastern Gulf of Mexico Planning Area, the South Atlantic Planning Area, and the Straits of Florida Planning Area before Interior may (1) publish a notice for a sale for a lease on public land to develop wind energy offshore, or (2) hold a lease sale for such development.</p> <p> (Sec. 20116) This section expresses the sense of Congress that infrastructure for U.S. development of wind energy should be constructed with materials produced and manufactured in the United States. </p> <p>(Sec. 20117) This section expresses the sense of Congress that the royalty rate for onshore Federal oil and gas leases should be not more than 12.5% in amount or value of the production removed or sold from the lease.</p> <p> (Sec. 20118) The GAO must assess the sufficiency of the environmental review processes of relevant federal agencies for offshore wind projects. </p> <p>(Sec. 20119) The GAO must report on all potential adverse effects of wind energy development in the North Atlantic Planning Area. </p> <p>Subtitle B--Permitting Streamlining</p> <p>(Sec. 20201) This section defines the terms used in this subtitle. It defines <em>public land</em> to mean any land and interest in land owned by the United States and administered by Interior or the Forest Service without regard to how the United States acquired ownership, except (1) lands located on the Outer Continental Shelf (OCS); and (2) lands held in trust by the United States for the benefit of Indians, Indian tribes, Aleuts, and Eskimos.</p> <p>(Sec. 20202) This section limits the scope of the administrative and judicial review of major federal actions under NEPA and generally expedites the review process. Under NEPA, agencies must conduct an environmental assessment (EA) to determine if a proposed federal action will have significant environmental impacts. If the EA determines that such impacts will be significant, then the agency must submit an Environmental Impact Statement (EIS). The EIS must include a range of alternatives to the proposed action.</p> <p>Among other requirements, this section limits the scope of NEPA review to reasonably foreseeable environmental effects with a reasonably close causal relationship to the proposed agency action. In addition, agencies must only consider the effects of the action that occur on federal land, or are subject to federal control and responsibilities.</p> <p>This section also limits alternatives in an EIS to a reasonable number. Further, the alternatives included in the EIS must be technically and economically feasible and within the jurisdiction and authority of the agency.</p> <p>In addition, this section enumerates when an agency is not required to prepare an EIS.</p> <p>An EIS must include the estimated total cost of preparing such EIS, including the costs of agency full-time equivalent personnel hours, contractor costs, and other direct costs. An EA or EIS must also be under the page limits established by the section. </p> <p>This section also requires a lead agency to be designated when more than one agency is involved in a proposed action. The lead agency must supervise the preparation of one environmental document (e.g., EIS) and prepare a schedule to complete the review of the action. To the extent practicable, the document prepared by the lead agency must be deemed to satisfy the environmental documentation requirements for all agencies involved in the action.</p> <p>The lead agency must complete the EA or EIS within deadlines established by the section. If the lead agency is unable to meet the deadlines, it must pay $100 per day to the applicant until the applicant approves a new deadline. If the lead agency misses a deadline solely due to delays caused by litigation, then it does not have to pay the fine.</p> <p>Upon a project sponsor's request (e.g., an entity seeking a permit or other authorization of a project), a lead agency must allow the sponsor to prepare the EA or EIS.</p> <p>Finally, this section limits judicial review of NEPA claims, including by requiring the claim to be filed within 120 days of an agency publishing a notice that it intends to carry out an action.</p> <p>It also prohibits any proposed action for which an environmental document is required from being vacated or otherwise limited, delayed, or enjoined unless a court concludes that (1) the proposed action will pose a risk of an imminent and substantial environmental harm, and (2) there is no other equitable remedy available as a matter of law.</p> <p>(Sec. 20203) This section provides statutory authority for the revisions to the Code of Federal Regulations made pursuant to a final rule of the Council on Environmental Quality (CEQ) titled <em>Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act</em> and published on July 16, 2020. Among other requirements, the rule issued regulations to facilitate more efficient, effective, and timely NEPA reviews by federal agencies in connection with proposals for agency action.</p> <p>(Sec. 20204) This section exempts covered activities from being considered a major federal action under NEPA. Thus, these actions do not trigger environmental review requirements under NEPA. Covered activities include</p> <ul> <li>geotechnical investigations;</li> <li>off-road travel in an existing right-of-way;</li> <li>construction of meteorological towers where the total surface disturbance at the location is less than five acres;</li> <li>adding certain energy storage devices to an existing or planned energy facility;</li> <li>drilling geothermal exploratory wells under certain circumstances;</li> <li>repairs, maintenance, upgrades, optimizations, or minor additions to existing transmission and distribution infrastructure, or operation of such facilities; and </li> <li>construction, maintenance, realignment, or repair of an existing permanent or temporary access road under certain circumstances.</li> </ul> <p>(Sec. 20205) If a federal agency makes a determination that an action or activity within an existing energy right-of-way will not result in an overall long-term net loss of vegetation, soil, or habitat, then that action or activity is not considered to be a major federal action under NEPA.</p> <p>(Sec. 20206) The relevant federal agency must use previously completed environmental assessments and environmental impact statements to satisfy NEPA requirements if the agency determines that the new proposed action and its effects are substantially the same as a previously analyzed proposed action and its effects.</p> <p>(Sec. 20207) Within 60 days of receiving an application to grant a right-of-way, the relevant federal agency must notify the applicant as to whether the application is complete or deficient. If the agency determines the application is complete, then the agency 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.</p> <p> (Sec. 20208) This section revises requirements for terms of rights-of-way for pipelines and electrical energy infrastructure under the Federal Land Policy and Management Act of 1976 and the Mineral Leasing Act. Specifically, it allows rights-of-way to be granted, issue, amended, or renewed for up to 50 years before they are subject to renewal or amendment.</p> <p>(Sec. 20209) In FY2023-FY2025, the Forest Service and Interior may accept and expend funds contributed by nonfederal entities to pay for dedicated staff and technology development to expedite activities for leasing, development, or expansion of an energy facility.</p> <p>(Sec. 20210) Interior must 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. Surveys authorized under this section are deemed to be in full compliance with the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973.</p> <p>(Sec. 20211) This section prohibits the deferral of a decision on an application for an oil or gas drilling permit under the Mineral Leasing Act as a result of a formatting issue with the permit, unless such formatting issue results in missing information.</p> <p>(Sec. 20212) This section requires Interior to process an application for an oil or gas drilling permit or other authorizations under a valid existing lease regardless of any pending civil actions affecting the application or related lease.</p> <p>It also makes a permit issued under Section 17 of the Mineral Leasing Act valid for a four-year term, or until the related lease expires, whichever occurs first.</p> <p>(Sec. 20213) This section revises the environmental review of energy program activities under the Energy Policy Act of 2005. Specifically, enumerated actions taken by Interior and the Forest Service for the purpose of exploration or development of oil or gas are not to be considered major federal actions under NEPA.</p> <p>(Sec. 20214) This section revises requirements for oil and gas or geothermal drilling permits under the Mineral Leasing Act as well as the Geothermal Steam Act of 1970. Specifically, the section prohibits Interior from requiring an operator to obtain a federal drilling permit for oil, gas, or geothermal exploration and production activities conducted on a nonfederal surface estate if (1) the federal ownership interest is less than 50% of the subsurface mineral estate to be accessed by the proposed action; and (2) the operator submits to Interior a state permit to conduct such activities on the nonfederal surface estate. Such activities are not considered to be a major federal action under NEPA. Further, such activities are not subject to requirements for federal actions under the National Historic Preservation Act of 1966 and the Endangered Species Act of 1973.</p> <p>(Sec. 20215) This section revises requirements for the environmental review for an oil and gas lease or permit prepared under NEPA. Specifically, the section provides that the review only applies to areas that are within or immediately adjacent to the lease plots and that are directly affected by the proposed action. The review may not require consideration of downstream, indirect effects of oil and gas consumption.</p> <p>(Sec. 20216) This section expedites the environmental review of certain gathering lines and associated field compression or pumping units on federal and applicable tribal lands. Gathering lines are used to transport oil, natural gas, and related liquid from wells to pipelines and facilities (e.g., processing facilities or refineries).</p> <p>Currently, certain actions related to gathering lines are categorically excluded from NEPA. Categorical exclusions are categories of actions that have been determined to not have a significant effect on the human environment either individually or cumulatively. Thus, those categories of actions are excluded from NEPA requirements.</p> <p>This section considers certain actions related to gathering lines to not be major federal actions under NEPA.</p> <p>(Sec. 20217) This section addresses litigation concerning the environmental review of certain oil and gas lease sales held under the Mineral Leasing Act or the Outer Continental Shelf Lands Act. A court may not vacate a lease sale nor otherwise limit, delay, or enjoin related lease activities unless the court concludes that (1) the lease will pose a risk of an imminent and substantial environmental harm, and (2) there is no other equitable remedy available.</p> <p>In addition, no court may enjoin or issue any order preventing the award of leases to a bidder in a lease sale if Interior has previously opened bids for such leases or disclosed the high bidder for any tract that was included in such lease sale.</p> <p>(Sec. 20218) This section bars a claim that arises 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 unless (1) the claim is filed by a certain deadline; and (2) the claim is filed by a party that submitted a detailed comment during the public comment period for such permit, license, or approval.</p> <p> (Sec. 20219) The GAO must report on the BLM's timeliness when reviewing applications for permits to drill. The GAO must also recommend (1) actions the BLM can take to expedite the approval of such permits, and (2) aspects of the review process that could be turned over to states.</p> <p>(Sec. 20220) The CEQ must study and report on the potential to create an online permitting portal for permits that require review under NEPA.</p> <p> (Sec. 20221) This section reduces the time limit from 150 days to 90 days to file a petition for judicial review of a permit, license, or approval for a highway or public transportation capital project.</p> <p>(Sec. 20222) To the greatest extent feasible, the Department of Transportation (DOT) must conduct efficient environmental reviews for pipeline projects that require DOT's approval under NEPA.</p> <p>In addition, DOT must maintain and publish a database concerning pipeline projects that are categorically excluded from NEPA requirements. </p> <p>(Sec. 20223) This section exempts certain wildfire mitigation activities from requirements under NEPA and the Endangered Species Act of 1973.</p> <p>(Sec. 20224) Among other requirements, this section establishes deadlines for Interior and the Forest Service to review a vegetation management, facility inspection, and operation and maintenance plan submitted by an electric transmission or distribution facility located on public lands.</p> <p>In addition, this section authorizes the removal of hazard trees if they are located within 50 feet of electric power lines. The Federal Land Policy and Management Act of 1976 currently authorizes the removal of hazard trees if they are located within 10 feet of electric power lines. </p> <p>(Sec. 20225) This section allows Interior to categorically exclude from NEPA requirements (1) the development and approval of vegetation management, facility inspection, and operation and maintenance plan, and (2) the implementation of routine activities conducted under the plan. Such activities do not include establishing a permanent road. However, the categorical exclusion does not apply to any forest management activity conducted in a component of the National Wilderness Preservation System or on National Forest System lands where the removal of vegetation is restricted or prohibited by Congress.</p> <p>The activities that are categorically excluded from NEPA requirements under this section are also exempt from certain consultation requirements under the Endangered Species Act of 1973, the National Historic Preservation Act, or any other applicable law.</p> <p>(Sec. 20226) This section requires the Park Service, the BLM, and the Forest Service to conduct an outreach plan for disseminating and advertising open civil service positions with functions relating to permitting or natural resources in their offices.</p> <p>Subtitle C--Permitting for Mining Needs</p> <p>(Sec. 20301) This section defines terms used in this subtitle. It defines <em>mineral</em> to mean any mineral of a kind that is locatable (including, but not limited to, such minerals located on <em>lands acquired by the United States</em>, as such term is defined in section 2 of the Mineral Leasing Act for Acquired Lands) under the Act of May 10, 1872. This definition includes non-fuel minerals such as gold, copper, and other hardrock minerals.</p> <p>A<em> stat</em><em>e</em> means a state, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the U.S. Virgin Islands.</p> <p>(Sec. 20302) This section expands the federal permitting and review processes under the Infrastructure Investment and Jobs Act for critical minerals. Under such act, the BLM and the Forest Service, to the maximum extent practicable, must complete the federal permitting and review processes related to critical mineral mines on federal lands with maximum efficiency and effectiveness. This section expands this process to include all minerals as defined by this subtitle, not only critical minerals. It also requires the BLM and the Forest Service to defer to data and reviews from state agencies when completing such review process.</p> <p>(Sec. 20303) This section requires Federal Register notices associated with the issuance of a mineral exploration or mine permit under the Energy Act of 2020 to be delegated to the organizational level of the issuing agency. Currently, this requirement only applies to such permits for critical minerals.</p> <p>(Sec. 20304) This section designates mineral production projects as covered projects under the Fixing America's Surface Transportation (FAST) Act. Such projects qualify for expedited environmental review.</p> <p> (Sec. 20305) This section expands the meaning of covered project under the FAST Act. Specifically, it includes actions taken by the Department of Defense pursuant to<em> Presidential Determination 2022-11</em> or the <em>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</em> to create, maintain, protect, expand, or restore sustainable and responsible domestic production capabilities. However, project sponsors may choose to not have their actions treated as a covered project.</p> <p>(Sec. 20306) This section establishes several requirements to expedite the review and authorization of mineral exploration activities with a surface disturbance of no more than five acres of public lands.</p> <p>(Sec. 20307) This section revises provisions concerning ancillary mining activities, including to allow mine operations to conduct mine support activities regardless of whether a mineral deposit has been discovered.</p> <p>(Sec. 20308) This section amends existing critical mineral criteria to allow the U.S. Geological Survey (USGS) to consider adding uranium to its list of critical minerals. Thus, the section allows the USGS to expedite the review of uranium projects. The USGS must update its list with the revised criteria within 60 days.</p> <p>(Sec. 20309) This section bars a mining claimant from the right to use, occupy, and conduct operations on federal land if Interior finds that 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. </p> <p>(Sec. 20310) This section expands the meaning of a covered project under the FAST Act to include certain activities related to the extraction, recovery, or processing of certain critical minerals, rare earth elements, or microfine carbon or carbon from coal.</p> <p>(Sec. 20311) The USGS must identify mineral commodities that (1) serve a critical purpose to U.S. national security, and (2) are at highest risk of supply chain disruption due to the domestic or global actions of China.</p> <p>The USGS must also develop a national strategy for bolstering supply chains in the United States for mineral commodities to increase capacity and efficiency of domestic mining, refining, processing, and manufacturing of such mineral commodities.</p> <p>Subtitle D--Federal Land Use Planning </p> <p>(Sec. 20401) This section prohibits federal land and waters from being withdrawn from areas where mining activity is allowed unless four types of assessments are conducted. First, a mineral assessment of the impacted area must be completed. It must be completed within the 10-year period before the date of such withdrawal.</p> <p>Second, Interior must assess the economic, energy, strategic, and national security value of mineral deposits identified in such mineral resource assessment. </p> <p>Third, Interior must assess the reduction in future revenues resulting from the proposed mineral withdrawal. The reduction of revenues must be calculated for 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. </p> <p>Fourth, Interior must assess military readiness and training activities in the proposed withdrawal area.</p> <p>Before Interior or the Forest Service may update or complete a resource management plan or forest management plan respectively, they must review any mineral resource assessment conducted for the area affected by the plan. If Interior finds that a previously undiscovered mineral deposit may be present in an area that has been withdrawn from mining activity, then Interior must make recommendations to the President on measures to reduce unnecessary impacts that a withdrawal may have on mining activities.</p> <p>(Sec. 20402) The President and executive agencies may not carry out any action that would pause, restrict, or delay leasing or permitting activities on federal lands that are open to energy and mineral development as defined by the section.</p> <p>The President, BLM, or Forest Service may not rescind any existing lease, permit, or claim for the extraction and production of minerals on National Forest System land or BLM land unless (1) specifically authorized by federal statute; or (2) the lessee, permittee, or claimant fails to comply with the provisions of the applicable lease, permit, or claim.</p> <p>(Sec. 20403) This section defines terms used in this subtitle. It defines <em>federal land</em> to mean (1) National Forest System land, (2) public lands as defined in section 103 of the Federal Land Policy and Management Act of 1976, (3) the outer Continental Shelf as defined in section 2 of the Outer Continental Shelf Lands Act, and (4) land managed by the Department of Energy.</p> <p>Subtitle E--Ensuring Competitiveness on Federal Lands</p> <p>(Sec. 20501) This section decreases the fees and royalties on the development of oil and gas on federal lands and waters. Specifically, this section repeals the increases made by the Inflation Reduction Act of 2022.</p> <p>Subtitle F--Energy Revenue Sharing </p> <p>(Sec. 20601) This section revises the formula used to distribute revenue generated from certain federal oil and leases in the Gulf of Mexico. Specifically, it increases the share of revenue given to certain Gulf producing states (Alabama, Louisiana, Mississippi, and Texas). It also decreases the share of revenue given to the Treasury and the Land and Water Conservation Fund. In addition, this section eliminates the cap on revenue sharing.</p> <p>This section also exempts the revenue shared with Gulf states from sequestration payments.</p> <p>(Sec. 20602) This section establishes a formula to distribute revenue generated from offshore wind. A specified percentage of the revenue must be given to coastal states as well as the North American Wetlands Conservation Fund.</p> <p>This section also exempts the revenue shared with coastal states from sequestration payments.</p> <p>(Sec. 20603) This section eliminates the 2% fee under the Mineral Leasing Act that the federal government currently deducts from a state's share to cover administrative or other costs.</p> <p>(Sec. 20604) This subtitle ceases to have effect on September 30, 2032.</p> <p>TITLE III--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT</p> <p><em>Water Quality Certification and Energy Project Improvement Act of 2023</em></p> <p>(Sec. 30002) This section revises the water quality certification process under Section 401 of the Clean Water Act (CWA) for any activity that requires a federal license or permit and may result in a discharge of pollutants into waters of the United States. Activities that require such federal licenses or permits include hydropower, natural gas pipeline, or mining projects. </p> <p>Under the existing Section 401, an applicant for a federal license or permit to conduct such activities must provide the federal licensing or permitting agency with a certification. The certification must attest that the discharge will comply with enumerated sections of the CWA (i.e., Sections 301, 302, 303, 306, and 307) and with any other appropriate requirement of state law set forth in the certification. The certifying authority--usually the state in which the discharge originates, but sometimes an Indian tribe or the Environmental Protection Agency (EPA)--may grant, grant with conditions, deny, or waive certification of a proposed federal license or permit. </p> <p>This section limits the scope of the certification process by eliminating the requirement that the discharge comply with appropriate state law set forth in the certification. It also requires decisions to grant or deny a request for certification to be based only on the enumerated sections of the CWA and provisions of state law that implement water quality criteria under Section 303. In addition, it also limits the certification process to activities that may directly result in a discharge into waters of the United States.</p> <p>This section requires certifying authorities to identify all materials or information that are necessary to grant or deny the request within 90 days of receiving a request for certification. They must also publish requirements for their water quality certifications.</p> <p>(Sec. 30003) This section provides statutory authority for the EPA to issue general permits under the National Pollutant Discharge Elimination System (NPDES) program. Under the regulations governing the NPDES program, the EPA issues permits to discharge pollutants from point sources, such as pipes, into waters of the United States. The EPA issues an individual permit under the NPDES program for a specific discharger or a general permit for a category of discharges within a geographical area from multiple dischargers.</p> <p> This section allows the EPA to issue general permits under the NPDES program for discharges of similar types from similar sources and sets forth requirements related to general permits.</p> <p>DIVISION E--INCREASE IN DEBT LIMIT</p> <p>(Sec. 40001) This section suspends the federal debt limit through March 31, 2024, or until the debt subject to the limit increases by $1.5 trillion, whichever occurs first. This section also increases the debt limit at the end of the suspension period to accommodate the obligations issued during the suspension period.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2811 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2811

  To provide for a responsible increase to the debt ceiling, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 25, 2023

   Mr. Arrington (for himself, Mr. Comer, Ms. Granger, Mr. Graves of 
Missouri, Ms. Foxx, Mr. McHenry, Mrs. Rodgers of Washington, Mr. Smith 
   of Missouri, Mr. Thompson of Pennsylvania, Mr. Westerman, and Mr. 
Williams of Texas) introduced the following bill; which was referred to 
 the Committee on Ways and Means, and in addition to the Committees on 
the Budget, Appropriations, Oversight and Accountability, Education and 
the Workforce, Agriculture, Energy and Commerce, the Judiciary, Rules, 
Transportation and Infrastructure, and Natural Resources, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To provide for a responsible increase to the debt ceiling, 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.

    This Act may be cited as the ``Limit, Save, Grow Act of 2023''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
                   DIVISION A--LIMIT FEDERAL SPENDING

   TITLE I--DISCRETIONARY SPENDING LIMITS FOR DISCRETIONARY CATEGORY

Sec. 101. Discretionary spending limits.
                   DIVISION B--SAVE TAXPAYER DOLLARS

          TITLE I--RESCISSION OF UNOBLIGATED CORONAVIRUS FUNDS

Sec. 201. Rescission of unobligated coronavirus funds.
            TITLE II--PROHIBIT UNFAIR STUDENT LOAN GIVEAWAYS

Sec. 211. Nullification of certain executive actions and rules relating 
                            to Federal student loans.
Sec. 212. Limitation on authority of Secretary to propose or issue 
                            regulations and executive actions.
         TITLE III--REPEAL MARKET DISTORTING GREEN TAX CREDITS

Sec. 221. Amendment of 1986 Code.
Sec. 222. Modification of credit for electricity produced from certain 
                            renewable resources.
Sec. 223. Modification of energy credit.
Sec. 224. Repeal of increase in energy credit for solar and wind 
                            facilities placed in service in connection 
                            with low-income communities.
Sec. 225. Modification of credit for carbon oxide sequestration.
Sec. 226. Zero-emission nuclear power production credit repealed.
Sec. 227. Incentives for biodiesel, renewable diesel, and alternative 
                            fuels.
Sec. 228. Second generation biofuel incentives.
Sec. 229. Repeal of sustainable aviation fuel credit.
Sec. 230. Clean hydrogen repeals.
Sec. 231. Nonbusiness energy property credit.
Sec. 232. Residential clean energy credit reverted to credit for 
                            residential energy efficient property.
Sec. 233. Energy efficient commercial buildings deduction.
Sec. 234. Modifications to new energy efficient home credit.
Sec. 235. Clean vehicle credit.
Sec. 236. Repeal of credit for previously-owned clean vehicles.
Sec. 237. Repeal of credit for qualified commercial clean vehicles.
Sec. 238. Alternative fuel refueling property credit.
Sec. 239. Advanced energy project credit extension reversed.
Sec. 240. Repeal of advanced manufacturing production credit.
Sec. 241. Repeal of clean electricity production credit.
Sec. 242. Repeal of clean electricity investment credit.
Sec. 243. Cost recovery for qualified facilities, qualified property, 
                            and energy storage technology removed.
Sec. 244. Repeal of clean fuel production credit.
Sec. 245. Repeal of sections relating to elective payment for energy 
                            property and electricity produced from 
                            certain renewable resources; transfer of 
                            credits.
        TITLE IV--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION

Sec. 251. Rescission of certain balances made available to the Internal 
                            Revenue Service.
                      DIVISION C--GROW THE ECONOMY

            TITLE I--TEMPORARY ASSISTANCE TO NEEDY FAMILIES

Sec. 301. Recalibration of the caseload reduction credit.
Sec. 302. Eliminating excess maintenance of effort spending in 
                            determining caseload reduction credit.
Sec. 303. Elimination of small checks scheme.
Sec. 304. Reporting of work outcomes.
Sec. 305. Effective date.
                       TITLE II--SNAP EXEMPTIONS

Sec. 311. Age-related exemption from work requirement to receive SNAP.
Sec. 312. Rule of construction for exemption adjustment.
 TITLE III--COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE INDIVIDUALS

Sec. 321. Community engagement requirement for applicable individuals.
      TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY

Sec. 331. Short title.
Sec. 332. Purpose.
Sec. 333. Congressional review of agency rulemaking.
Sec. 334. Budgetary effects of rules subject to section 802 of title 5, 
                            United States Code.
Sec. 335. Government Accountability Office study of rules.
             DIVISION D--H.R. 1, THE LOWER ENERGY COSTS ACT

       TITLE I--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. Sense of Congress expressing disapproval of the denial of 
                            Jordan Cove permits.
Sec. 10009. Promoting interagency coordination for review of natural 
                            gas pipelines.
Sec. 10010. Interim hazardous waste permits for critical energy 
                            resource facilities.
Sec. 10011. Flexible air permits for critical energy resource 
                            facilities.
Sec. 10012. National security or energy security waivers to produce 
                            critical energy resources.
Sec. 10013. Natural gas tax repeal.
Sec. 10014. Repeal of greenhouse gas reduction fund.
Sec. 10015. Ending future delays in chemical substance review for 
                            critical energy resources.
Sec. 10016. Keeping America's refineries operating.
Sec. 10017. Homeowner energy freedom.
Sec. 10018. Study.
Sec. 10019. State primary enforcement responsibility.
Sec. 10020. Use of index-based pricing in acquisition of petroleum 
                            products for the SPR.
Sec. 10021. Prohibition on certain exports.
Sec. 10022. Sense of Congress expressing disapproval of the proposed 
                            tax hikes on the oil and natural gas 
                            industry in the President's fiscal year 
                            2024 budget request.
Sec. 10023. Domestic Energy Independence report.
Sec. 10024. GAO study.
Sec. 10025. Gas kitchen ranges and ovens.
 TITLE II--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF 
                           AMERICAN RESOURCES

Sec. 20001. Short title.
         Subtitle A--Onshore and Offshore Leasing and Oversight

Sec. 20101. Onshore oil and gas leasing.
Sec. 20102. Lease reinstatement.
Sec. 20103. Protested lease sales.
Sec. 20104. Suspension of operations.
Sec. 20105. Administrative protest process reform.
Sec. 20106. Leasing and permitting transparency.
Sec. 20107. Offshore oil and gas leasing.
Sec. 20108. Five-year plan for offshore oil and gas leasing.
Sec. 20109. Geothermal leasing.
Sec. 20110. Leasing for certain qualified coal applications.
Sec. 20111. Future coal leasing.
Sec. 20112. Staff planning report.
Sec. 20113. Prohibition on Chinese communist party ownership interest.
Sec. 20114. Effect on other law.
Sec. 20115. Requirement for GAO report on wind energy impacts.
Sec. 20116. Sense of Congress on wind energy development supply chain.
Sec. 20117. Sense of Congress on oil and gas royalty rates.
Sec. 20118. Offshore wind environmental review process study.
Sec. 20119. GAO report on wind energy impacts.
                  Subtitle B--Permitting Streamlining

Sec. 20201. Definitions.
Sec. 20202. BUILDER Act.
Sec. 20203. Codification of National Environmental Policy Act 
                            regulations.
Sec. 20204. Non-major Federal actions.
Sec. 20205. No net loss determination for existing rights-of-way.
Sec. 20206. Determination of National Environmental Policy Act 
                            adequacy.
Sec. 20207. Determination regarding rights-of-way.
Sec. 20208. Terms of rights-of-way.
Sec. 20209. Funding to process permits and develop information 
                            technology.
Sec. 20210. Offshore geological and geophysical survey licensing.
Sec. 20211. Deferral of applications for permits to drill.
Sec. 20212. Processing and terms of applications for permits to drill.
Sec. 20213. Amendments to the Energy Policy Act of 2005.
Sec. 20214. Access to Federal energy resources from non-Federal surface 
                            estate.
Sec. 20215. Scope of environmental reviews for oil and gas leases.
Sec. 20216. Expediting approval of gathering lines.
Sec. 20217. Lease sale litigation.
Sec. 20218. Limitation on claims.
Sec. 20219. Government Accountability Office report on permits to 
                            drill.
Sec. 20220. E-NEPA.
Sec. 20221. Limitations on claims.
Sec. 20222. One Federal decision for pipelines.
Sec. 20223. Exemption of certain wildfire mitigation activities from 
                            certain environmental requirements.
Sec. 20224. Vegetation management, facility inspection, and operation 
                            and maintenance relating to electric 
                            transmission and distribution facility 
                            rights of way.
Sec. 20225. Categorical exclusion for electric utility lines rights-of-
                            way.
Sec. 20226. Staffing plans.
                Subtitle C--Permitting for Mining Needs

Sec. 20301. Definitions.
Sec. 20302. Minerals supply chain and reliability.
Sec. 20303. Federal register process improvement.
Sec. 20304. Designation of mining as a covered sector for Federal 
                            permitting improvement purposes.
Sec. 20305. Treatment of actions under presidential determination 2022-
                            11 for Federal permitting improvement 
                            purposes.
Sec. 20306. Notice for mineral exploration activities with limited 
                            surface disturbance.
Sec. 20307. Use of mining claims for ancillary activities.
Sec. 20308. Ensuring consideration of uranium as a critical mineral.
Sec. 20309. Barring foreign bad actors from operating on Federal lands.
Sec. 20310. Permit process for projects relating to extraction, 
                            recovery, or processing of critical 
                            materials.
Sec. 20311. National strategy to re-shore mineral supply chains.
                 Subtitle D--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.
         Subtitle E--Ensuring Competitiveness on Federal Lands

Sec. 20501. Incentivizing domestic production.
                   Subtitle F--Energy Revenue Sharing

Sec. 20601. Gulf of Mexico Outer Continental Shelf revenue.
Sec. 20602. Parity in offshore wind revenue sharing.
Sec. 20603. Elimination of administrative fee under the Mineral Leasing 
                            Act.
Sec. 20604. Sunset.
 TITLE III--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT

Sec. 30001. Short title.
Sec. 30002. Certification.
Sec. 30003. Federal general permits.
                   DIVISION E--INCREASE IN DEBT LIMIT

Sec. 40001. Limited suspension of debt ceiling.

SEC. 3. REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

                   DIVISION A--LIMIT FEDERAL SPENDING

   TITLE I--DISCRETIONARY SPENDING LIMITS FOR DISCRETIONARY CATEGORY

SEC. 101. DISCRETIONARY SPENDING LIMITS.

    (a) In General.--Section 251(c) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended--
            (1) in paragraph (7)(B), by striking ``and'' at the end; 
        and
            (2) by inserting after paragraph (8) the following:
            ``(9) for fiscal year 2024, for the discretionary category, 
        $1,470,979,000,000 in new budget authority;
            ``(10) for fiscal year 2025, for the discretionary 
        category, $1,485,689,000,000 in new budget authority;
            ``(11) for fiscal year 2026, for the discretionary 
        category, $1,500,546,000,000 in new budget authority;
            ``(12) for fiscal year 2027, for the discretionary 
        category, $1,515,551,000,000 in new budget authority;
            ``(13) for fiscal year 2028, for the discretionary 
        category, $1,530,707,000,000 in new budget authority;
            ``(14) for fiscal year 2029, for the discretionary 
        category, $1,546,014,000,000 in new budget authority;
            ``(15) for fiscal year 2030, for the discretionary 
        category, $1,561,474,000,000 in new budget authority;
            ``(16) for fiscal year 2031, for the discretionary 
        category, $1,577,089,000,000 in new budget authority;
            ``(17) for fiscal year 2032, for the discretionary 
        category, $1,592,859,000,000 in new budget authority; and
            ``(18) for fiscal year 2033, for the discretionary 
        category, $1,608,788,000,000 in new budget authority;''.
    (b) Conforming Amendments to Adjustments.--
            (1) Continuing disability reviews and rederminations.--
        Section 251(b)(2)(B)(i) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985 is amended--
                    (A) in subclause (IX), by striking ``and'' at the 
                end;
                    (B) in subclause (X), by striking the period and 
                inserting a semicolon; and
                    (C) by inserting after subclause (X) the following:
                            ``(XI) for fiscal year 2024, $1,578,000,000 
                        in additional new budget authority;
                            ``(XII) for fiscal year 2025, 
                        $1,630,000,000 in additional new budget 
                        authority;
                            ``(XIII) for fiscal year 2026, 
                        $1,682,000,000 in additional new budget 
                        authority;
                            ``(XIV) for fiscal year 2027, 
                        $1,734,000,000 in additional new budget 
                        authority;
                            ``(XV) for fiscal year 2028, $1,788,000,000 
                        in additional new budget authority;
                            ``(XVI) for fiscal year 2029, 
                        $1,842,000,000 in additional new budget 
                        authority;
                            ``(XVII) for fiscal year 2030, 
                        $1,898,000,000 in additional new budget 
                        authority;
                            ``(XVIII) for fiscal year 2031, 
                        $1,955,000,000 in additional new budget 
                        authority;
                            ``(XIX) for fiscal year 2032, 
                        $2,014,000,000 in additional new budget 
                        authority; and
                            ``(XX) for fiscal year 2033, $2,076,000,000 
                        in additional new budget authority.''.
            (2) Health care fraud and abuse control.--Section 
        251(b)(2)(C)(i) of such Act is amended--
                    (A) in subclause (IX), by striking ``and'' at the 
                end;
                    (B) in subclause (X), by striking the period and 
                inserting a semicolon; and
                    (C) by inserting after subclause (X) the following:
                            ``(XI) for fiscal year 2024, $604,000,000 
                        in additional new budget authority;
                            ``(XII) for fiscal year 2025, $630,000,000 
                        in additional new budget authority;
                            ``(XIII) for fiscal year 2026, $658,000,000 
                        in additional new budget authority;
                            ``(XIV) for fiscal year 2027, $686,000,000 
                        in additional new budget authority;
                            ``(XV) for fiscal year 2028, $714,000,000 
                        in additional new budget authority;
                            ``(XVI) for fiscal year 2029, $743,000,000 
                        in additional new budget authority;
                            ``(XVII) for fiscal year 2030, $771,000,000 
                        in additional new budget authority;
                            ``(XVIII) for fiscal year 2031, 
                        $798,000,000 in additional new budget 
                        authority;
                            ``(XIX) for fiscal year 2032, $826,000,000 
                        in additional new budget authority; and
                            ``(XX) for fiscal year 2033, $853,000,000 
                        in additional new budget authority.''.
            (3) Disaster funding.--Section 251(b)(2)(D)(i) of such Act 
        is amended by inserting after ``2021'' the following: ``and 
        fiscal years 2024 through 2033''.
            (4) Reemployment services and eligibility assessments.--
        Section 251(b)(2)(E)(i) of such Act is amended--
                    (A) in subclause (III), by striking ``and'' at the 
                end;
                    (B) in subclause (IV), by striking the period and 
                inserting a semicolon; and
                    (C) by inserting after subclause (IV) the 
                following:
                                    ``(V) for fiscal year 2024, 
                                $265,000,000 in additional new budget 
                                authority;
                                    ``(VI) for fiscal year 2025, 
                                $271,000,000 in additional new budget 
                                authority;
                                    ``(VII) for fiscal year 2026, 
                                $276,000,000 in additional new budget 
                                authority;
                                    ``(VIII) for fiscal year 2027, 
                                $282,000,000 in additional new budget 
                                authority;
                                    ``(IX) for fiscal year 2028, 
                                $288,000,000 in additional new budget 
                                authority;
                                    ``(X) for fiscal year 2029, 
                                $293,000,000 in additional new budget 
                                authority;
                                    ``(XI) for fiscal year 2030, 
                                $299,000,000 in additional new budget 
                                authority;
                                    ``(XII) for fiscal year 2031, 
                                $305,000,000 in additional new budget 
                                authority;
                                    ``(XIII) for fiscal year 2032, 
                                $311,000,000 in additional new budget 
                                authority; and
                                    ``(XIV) for fiscal year 2033, 
                                $317,000,000 in additional new budget 
                                authority.''.
            (5) Wildfire suppression.--Section 251(b)(2)(F)(i) of such 
        Act is amended--
                    (A) by striking ``through 2027'' and inserting 
                ``through 2033'';
                    (B) in subclause (VII), by striking ``and'' at the 
                end;
                    (C) in subclause (VIII), by striking the period and 
                inserting a semicolon; and
                    (D) by inserting after subclause (VIII) the 
                following:
                                    ``(IX) for fiscal year 2028, 
                                $2,957,000,000 in additional new budget 
                                authority;
                                    ``(X) for fiscal year 2029, 
                                $3,036,000,000 in additional new budget 
                                authority;
                                    ``(XI) for fiscal year 2030, 
                                $3,118,000,000 in additional new budget 
                                authority;
                                    ``(XII) for fiscal year 2031, 
                                $3,202,000,000 in additional new budget 
                                authority;
                                    ``(XIII) for fiscal year 2032, 
                                $3,287,000,000 in additional new budget 
                                authority; and
                                    ``(XIV) for fiscal year 2033, 
                                $3,376,000,000 in additional new budget 
                                authority.''.
    (c) Conforming Amendments Relating to Sequestration Reports.--
Section 254 of the Balanced Budget and Emergency Deficit Control Act of 
1985 (2 U.S.C. 904) is amended--
            (1) in subsection (c)(2), by striking ``2021'' and 
        inserting ``2033''; and
            (2) in subsection (f)(2)(A), by striking ``2021'' and 
        inserting ``2033''.

                   DIVISION B--SAVE TAXPAYER DOLLARS

          TITLE I--RESCISSION OF UNOBLIGATED CORONAVIRUS FUNDS

SEC. 201. RESCISSION OF UNOBLIGATED CORONAVIRUS FUNDS.

    The unobligated balances of amounts appropriated or otherwise made 
available by the American Rescue Plan Act of 2021 (Public Law 117-2), 
and by each of Public Laws 116-123, 116-127, 116-136, and 116-139 and 
divisions M and N of Public Law 116-260, are hereby permanently 
rescinded.

            TITLE II--PROHIBIT UNFAIR STUDENT LOAN GIVEAWAYS

SEC. 211. NULLIFICATION OF CERTAIN EXECUTIVE ACTIONS AND RULES RELATING 
              TO FEDERAL STUDENT LOANS.

    (a) In General.--The following shall have no force or effect:
            (1) The waivers and modifications of statutory and 
        regulatory provisions relating to an extension of the 
        suspension of payments on certain loans and waivers of interest 
        on such loans under section 3513 of the CARES Act (20 U.S.C. 
        1001 note)--
                    (A) described by the Department of Education in the 
                Federal Register on October 12, 2022 (87 Fed. Reg. 
                61513 et seq.); and
                    (B) issued on or after the date of enactment of 
                this Act.
            (2) The modifications of statutory and regulatory 
        provisions relating to debt discharge described by the 
        Department of Education in the Federal Register on October 12, 
        2022 (87 Fed. Reg. 61514).
            (3) A final rule that is substantially similar to the 
        proposed rule on ``Improving Income-Driven Repayment for the 
        William D. Ford Federal Direct Loan Program'' published by the 
        Department of Education in the Federal Register on January 11, 
        2023 (88 Fed. Reg. 1894 et seq.).
    (b) Prohibition.--The Secretary of Education may not implement any 
executive action or rule specified in paragraph (1), (2), or (3) of 
subsection (a) (or a substantially similar executive action or rule), 
except as expressly authorized by an Act of Congress.

SEC. 212. LIMITATION ON AUTHORITY OF SECRETARY TO PROPOSE OR ISSUE 
              REGULATIONS AND EXECUTIVE ACTIONS.

    Part G of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1088 et seq.) is amended by inserting after section 492 the following:

``SEC. 492A. LIMITATION ON AUTHORITY OF THE SECRETARY TO PROPOSE OR 
              ISSUE REGULATIONS AND EXECUTIVE ACTIONS.

    ``(a) Draft Regulations.--Beginning after the date of enactment of 
this section, a draft regulation implementing this title (as described 
in section 492(b)(1)) that is determined by the Secretary to be 
economically significant shall be subject to the following requirements 
(regardless of whether negotiated rulemaking occurs):
            ``(1) The Secretary shall determine whether the draft 
        regulation, if implemented, would result in an increase in a 
        subsidy cost resulting from a loan modification.
            ``(2) If the Secretary determines under paragraph (1) that 
        the draft regulation would result in an increase in a subsidy 
        cost resulting from a loan modification, then the Secretary may 
        take no further action with respect to such regulation.
    ``(b) Proposed or Final Regulations and Executive Actions.--
Notwithstanding any other provision of law, beginning after the date of 
enactment of this section, the Secretary may not issue a proposed rule, 
final regulation, or executive action implementing this title if the 
Secretary determines that the rule, regulation, or executive action--
            ``(1) is economically significant; and
            ``(2) would result in an increase in a subsidy cost 
        resulting from a loan modification.
    ``(c) Relationship to Other Requirements.--The analyses required 
under subsections (a) and (b) shall be in addition to any other cost 
analysis required under law for a regulation implementing this title, 
including any cost analysis that may be required pursuant to Executive 
Order 12866 (58 Fed. Reg. 51735; relating to regulatory planning and 
review), Executive Order 13563 (76 Fed. Reg. 3821; relating to 
improving regulation and regulatory review), or any related or 
successor orders.
    ``(d) Definition.--In this section, the term `economically 
significant', when used with respect to a draft, proposed, or final 
regulation or executive action, means that the regulation or executive 
action is likely, as determined by the Secretary--
            ``(1) to have an annual effect on the economy of 
        $100,000,000 or more; or
            ``(2) adversely to affect in a material way the economy, a 
        sector of the economy, productivity, competition, jobs, the 
        environment, public health or safety, or State, local, or 
        tribal governments or communities.''.

         TITLE III--REPEAL MARKET DISTORTING GREEN TAX CREDITS

SEC. 221. AMENDMENT OF 1986 CODE.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Internal Revenue Code of 
1986.

SEC. 222. MODIFICATION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN 
              RENEWABLE RESOURCES.

    (a) In General.--The following provisions of section 45(d) are each 
amended by striking ``January 1, 2025'' each place it appears and 
inserting ``January 1, 2022'':
            (1) Paragraph (2)(A).
            (2) Paragraph (3)(A).
            (3) Paragraph (6).
            (4) Paragraph (7).
            (5) Paragraph (9).
            (6) Paragraph (11)(B).
    (b) Base Credit Amount.--Section 45 is amended--
            (1) in subsection (a)(1), by striking ``0.3 cents'' and 
        inserting ``1.5 cents'', and
            (2) in subsection (b)(2), by striking ``0.3 cent'' each 
        place it appears and inserting ``1.5 cent''.
    (c) Application to Geothermal and Solar.--Section 45(d)(4) is 
amended by striking ``and the construction of which begins before 
January 1, 2025'' and all that follows and inserting ``and which--
                    ``(A) in the case of a facility using solar energy, 
                is placed in service before January 1, 2006, or
                    ``(B) in the case of a facility using geothermal 
                energy, the construction of which begins before January 
                1, 2022.
        Such term shall not include any property described in section 
        48(a)(3) the basis of which is taken into account by the 
        taxpayer for purposes of determining the energy credit under 
        section 48.''.
    (d) Election To Treat Qualified Facilities as Energy Property.--
Section 48(a)(5)(C)(ii) is amended by striking ``January 1, 2025'' and 
inserting ``January 1, 2022''.
    (e) Wind Facilities.--
            (1) In general.--Section 45(d)(1) is amended by striking 
        ``January 1, 2025'' and inserting ``January 1, 2022''.
            (2) Application of phaseout percentage.--
                    (A) Renewable electricity production credit.--
                Section 45(b)(5) is amended by striking ``which is 
                placed in service before January 1, 2022''.
                    (B) Energy credit.--Section 48(a)(5)(E) is amended 
                by striking ``placed in service before January 1, 2022, 
                and''.
            (3) Qualified offshore wind facilities under energy 
        credit.--Section 48(a)(5)(F)(i) is amended by striking 
        ``offshore wind facility, subparagraph (E) shall not apply.'' 
        and inserting ``offshore wind facility--
                                    ``(I) subparagraph (C)(ii) shall be 
                                applied by substituting `January 1, 
                                2026' for `January 1, 2022',
                                    ``(II) subparagraph (E) shall not 
                                apply, and
                                    ``(III) for purposes of this 
                                paragraph, section 45(d)(1) shall be 
                                applied by substituting `January 1, 
                                2026' for `January 1, 2022'.''.
    (f) Wage and Apprenticeship Requirements.--Section 45(b) is amended 
by striking paragraphs (6), (7), and (8).
    (g) Domestic Content, Phaseout, and Energy Communities.--Section 
45(b) is amended by striking paragraphs (9), (10), (11), and (12).
    (h) Credit Reduced for Grants, Tax-Exempt Bonds, Subsidized Energy 
Financing, and Other Credits.--Section 45(b)(3) is amended to read as 
follows:
            ``(3) Credit reduced for grants, tax-exempt bonds, 
        subsidized energy financing, and other credits.--The amount of 
        the credit determined under subsection (a) with respect to any 
        project for any taxable year (determined after the application 
        of paragraphs (1) and (2)) shall be reduced by the amount which 
        is the product of the amount so determined for such year and 
        the lesser of \1/2\ or a fraction--
                    ``(A) the numerator of which is the sum, for the 
                taxable year and all prior taxable years, of--
                            ``(i) grants provided by the United States, 
                        a State, or a political subdivision of a State 
                        for use in connection with the project,
                            ``(ii) proceeds of an issue of State or 
                        local government obligations used to provide 
                        financing for the project the interest on which 
                        is exempt from tax under section 103,
                            ``(iii) the aggregate amount of subsidized 
                        energy financing provided (directly or 
                        indirectly) under a Federal, State, or local 
                        program provided in connection with the 
                        project, and
                            ``(iv) the amount of any other credit 
                        allowable with respect to any property which is 
                        part of the project, and
                    ``(B) the denominator of which is the aggregate 
                amount of additions to the capital account for the 
                project for the taxable year and all prior taxable 
                years.
        The amounts under the preceding sentence for any taxable year 
        shall be determined as of the close of the taxable year. This 
        paragraph shall not apply with respect to any facility 
        described in subsection (d)(2)(A)(ii).''.
    (i) Rounding Adjustment.--
            (1) In general.--Section 45(b)(2) is amended to read as 
        follows:
            ``(2) Credit and phaseout adjustment based on inflation.--
        The 1.5 cent amount in subsection (a), the 8 cent amount in 
        paragraph (1), the $4.375 amount in subsection (e)(8)(A), the 
        $2 amount in subsection (e)(8)(D)(ii)(I), and in subsection 
        (e)(8)(B)(i) the reference price of fuel used as a feedstock 
        (within the meaning of subsection (c)(7)(A)) in 2002 shall each 
        be adjusted by multiplying such amount by the inflation 
        adjustment factor for the calendar year in which the sale 
        occurs. If any amount as increased under the preceding sentence 
        is not a multiple of 0.1 cent, such amount shall be rounded to 
        the nearest multiple of 0.1 cent.''.
            (2) Conforming amendment.--Section 45(b)(4)(A) is amended 
        by striking ``last two sentences'' and inserting ``last 
        sentence''.
    (j) Hydropower.--
            (1) Credit rate reduction for qualified hydroelectric 
        production and marine and hydrokinetic renewable energy.--
        Section 45(b)(4)(A) is amended by striking ``or (7)'' and 
        inserting ``(7), (9), or (11)''.
            (2) Marine and hydrokinetic renewable energy.--Section 45 
        is amended--
                    (A) in subsection (c)(10)(A)--
                            (i) in clause (iii), by adding ``or'' at 
                        the end,
                            (ii) in clause (iv), by striking ``, or'' 
                        and inserting a period, and
                            (iii) by striking clause (v), and
                    (B) in subsection (d)(11)(A), by striking ``25'' 
                and inserting ``150''.
    (k) Effective Dates.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the amendments made by this section shall apply to 
        facilities placed in service after December 31, 2021.
            (2) Credit reduced for grants, tax-exempt bonds, subsidized 
        energy financing, and other credits.--The amendment made by 
        subsection (h) shall apply to facilities the construction of 
        which begins after August 16, 2022.
            (3) Domestic content, phaseout, energy communities.--The 
        amendments made by subsections (g) and (j) shall apply to 
        facilities placed in service after December 31, 2022.

SEC. 223. MODIFICATION OF ENERGY CREDIT.

    (a) In General.--The following provisions of section 48 are each 
amended by striking ``January 1, 2025''' each place it appears and 
inserting ``January 1, 2024'':
            (1) Subsection (a)(2)(A)(i)(II).
            (2) Subsection (a)(3)(A)(ii).
            (3) Subsection (c)(1)(E).
            (4) Subsection (c)(2)(D).
            (5) Subsection (c)(3)(A)(iv).
            (6) Subsection (c)(4)(C).
            (7) Subsection (c)(5)(D).
    (b) Certain Energy Property.--Section 48(a)(3)(A)(vii) is amended 
by striking ``January 1, 2035'' and inserting ``January 1, 2024''.
    (c) Phaseout of Credit.--Section 48(a) is amended by striking 
paragraphs (6) and (7) and inserting the following new paragraphs:
            ``(6) Phaseout for solar energy property.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                the case of any energy property described in paragraph 
                (3)(A)(i) the construction of which begins before 
                January 1, 2024, the energy percentage determined under 
                paragraph (2) shall be equal to--
                            ``(i) in the case of any property the 
                        construction of which begins after December 31, 
                        2019, and before January 1, 2023, 26 percent, 
                        and
                            ``(ii) in the case of any property the 
                        construction of which begins after December 31, 
                        2022, and before January 1, 2024, 22 percent.
                    ``(B) Placed in service deadline.--In the case of 
                any energy property described in paragraph (3)(A)(i) 
                the construction of which begins before January 1, 
                2024, and which is not placed in service before January 
                1, 2026, the energy percentage determined under 
                paragraph (2) shall be equal to 10 percent.
            ``(7) Phaseout for certain other energy property.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                the case of any qualified fuel cell property, qualified 
                small wind property, waste energy recovery property, or 
                energy property described in paragraph (3)(A)(ii), the 
                energy percentage determined under paragraph (2) shall 
                be equal to--
                            ``(i) in the case of any property the 
                        construction of which begins after December 31, 
                        2019, and before January 1, 2023, 26 percent, 
                        and
                            ``(ii) in the case of any property the 
                        construction of which begins after December 31, 
                        2022, and before January 1, 2024, 22 percent.
                    ``(B) Placed in service deadline.--In the case of 
                any energy property described in subparagraph (A) which 
                is not placed in service before January 1, 2026, the 
                energy percentage determined under paragraph (2) shall 
                be equal to 0 percent.''.
    (d) Base Energy Percentage Amount.--Section 48(a) is amended--
            (1) in paragraph (2)(A)--
                    (A) in clause (i), by striking ``6 percent'' and 
                inserting ``30 percent'', and
                    (B) in clause (ii), by striking ``2 percent'' and 
                inserting ``10 percent'', and
            (2) in paragraph (5)(A)(ii), by striking ``6 percent'' and 
        inserting ``30 percent''.
    (e) Credit for Geothermal.--Section 48(a)(2)(A)(i)(II) is amended 
by striking ``clause (i) or (iii) of paragraph (3)(A)'' and inserting 
``paragraph (3)(A)(i)''.
    (f) Energy Storage Technologies, Qualified Biogas Property; 
Microgrid Controllers Removed.--
            (1) In general.--Section 48(a)(3)(A) is amended by 
        inserting ``or'' at the end of clause (vii) and by striking 
        clauses (ix), (x), and (xi).
            (2) Conforming changes.--
                    (A) Section 48(a)(2)(A)(i) is amended by inserting 
                ``and'' at the end of subclauses (IV) and (V) and by 
                striking subclauses (VI), (VII), (VIII), and (IX).
                    (B) Section 48(c) is amended by striking paragraphs 
                (6), (7), and (8).
                    (C) Section 45(e) is amended by striking paragraph 
                (12).
                    (D) Section 50(d)(2) is amended by striking ``At 
                the election of a taxpayer'' and all that follows 
                through ``equal to or less than 500 kilowatt hours.''
    (g) Fuel Cells Using Electromechanical Processes.--
            (1) In general.--Section 48(c)(1) is amended--
                    (A) in subparagraph (A)(i)--
                            (i) by striking ``or electromechanical'', 
                        and
                            (ii) by striking ``(1 kilowatt in the case 
                        of a fuel cell power plant with a linear 
                        generator assembly)'', and
                    (B) in subparagraph (C)--
                            (i) by striking ``, or linear generator 
                        assembly'', and
                            (ii) by striking ``or electromechanical''.
            (2) Linear generator assembly limitation.--Section 48(c)(1) 
        is amended by striking subparagraph (D) and by redesignating 
        subparagraph (E) as subparagraph (D).
    (h) Dynamic Glass.--Section 48(a)(3)(A)(ii) is amended by striking 
``or electrochromic glass which uses electricity to change its light 
transmittance properties in order to heat or cool a structure,''.
    (i) Coordination Rule Removed.--Paragraph (3) of section 50(c) is 
amended--
            (1) by inserting ``and'' at the end of subparagraph (A),
            (2) by striking ``, and'' at the end of subparagraph (B) 
        and inserting a period, and
            (3) by striking subparagraph (C).
    (j) Interconnection Property.--Section 48(a) is amended by striking 
paragraph (8).
    (k) Energy Projects, Wage Requirements, and Apprenticeship 
Requirements.--Section 48(a) is amended by striking paragraphs (9), 
(10), and (11).
    (l) Domestic Content, Phaseout for Elective Payment.--Section 48(a) 
is amended by striking paragraphs (12) and (13).
    (m) Rule for Property Financed by Tax-Exempt Bonds Removed; Text of 
Special Rule for Property Financed by Subsidized Energy Financing or 
Industrial Development Bonds Restored.--Section 48(a)(4) is amended to 
read as follows:
            ``(4) Special rule for property financed by subsidized 
        energy financing or industrial development bonds.--
                    ``(A) Reduction of basis.--For purposes of applying 
                the energy percentage to any property, if such property 
                is financed in whole or in part by--
                            ``(i) subsidized energy financing, or
                            ``(ii) the proceeds of a private activity 
                        bond (within the meaning of section 141) the 
                        interest on which is exempt from tax under 
                        section 103,
                the amount taken into account as the basis of such 
                property shall not exceed the amount which (but for 
                this subparagraph) would be so taken into account 
                multiplied by the fraction determined under 
                subparagraph (B).
                    ``(B) Determination of fraction.--For purposes of 
                subparagraph (A), the fraction determined under this 
                subparagraph is 1 reduced by a fraction--
                            ``(i) the numerator of which is that 
                        portion of the basis of the property which is 
                        allocable to such financing or proceeds, and
                            ``(ii) the denominator of which is the 
                        basis of the property.
                    ``(C) Subsidized energy financing.--For purposes of 
                subparagraph (A), the term `subsidized energy 
                financing' means financing provided under a Federal, 
                State, or local program a principal purpose of which is 
                to provide subsidized financing for projects designed 
                to conserve or produce energy.
                    ``(D) Termination.--This paragraph shall not apply 
                to periods after December 31, 2008, under rules similar 
                to the rules of section 48(m) (as in effect on the day 
                before the date of the enactment of the Revenue 
                Reconciliation Act of 1990).''.
    (n) Treatment of Contracts Involving Energy Storage.--Section 
7701(e) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (A)(i), by inserting ``or'' at 
                the end of subclause (II), by striking ``or'' at the 
                end of subclause (III) and inserting ``and'', and by 
                striking subclause (IV), and
                    (B) by striking subparagraph (F), and
            (2) in paragraph (4), by striking ``water treatment works 
        facility, or storage facility'' and inserting ``or water 
        treatment works facility''.
    (o) Removal of Increased Credit Rate for Energy Communities.--
Section 48(a) is amended by striking paragraph (14).
    (p) Regulations.--Section 48(a) is amended by striking paragraph 
(15).
    (q) Effective Dates.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the amendments made by this section shall apply to 
        property placed in service after December 31, 2021.
            (2) Other property.--The amendments made by subsections 
        (f), (g), (h), (i), (j), (l), (n), and (o) shall apply to 
        property placed in service after December 31, 2022.
            (3) Removal of rule for property financed by tax exempt 
        bonds.--The amendment made by subsection (m) shall apply to 
        property the construction of which begins after August 16, 
        2022.

SEC. 224. REPEAL OF INCREASE IN ENERGY CREDIT FOR SOLAR AND WIND 
              FACILITIES PLACED IN SERVICE IN CONNECTION WITH LOW-
              INCOME COMMUNITIES.

    (a) In General.--Section 48 is amended by striking subsection (e).
    (b) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2023.

SEC. 225. MODIFICATION OF CREDIT FOR CARBON OXIDE SEQUESTRATION.

    (a) Carbon Oxide Capture Requirements.--
            (1) In general.--Section 45Q(d) is amended to read as 
        follows:
    ``(d) Qualified Facility.--For purposes of this section, the term 
`qualified facility' means any industrial facility or direct air 
capture facility--
            ``(1) the construction of which begins before January 1, 
        2026, and--
                    ``(A) construction of carbon capture equipment 
                begins before such date, or
                    ``(B) the original planning and design for such 
                facility includes installation of carbon capture 
                equipment, and
            ``(2) which captures--
                    ``(A) in the case of a facility which emits not 
                more than 500,000 metric tons of carbon oxide into the 
                atmosphere during the taxable year, not less than 
                25,000 metric tons of qualified carbon oxide during the 
                taxable year which is utilized in a manner described in 
                subsection (f)(5),
                    ``(B) in the case of an electricity generating 
                facility which is not described in subparagraph (A), 
                not less than 500,000 metric tons of qualified carbon 
                oxide during the taxable year, or
                    ``(C) in the case of a direct air capture facility 
                or any facility not described in subparagraph (A) or 
                (B), not less than 100,000 metric tons of qualified 
                carbon oxide during the taxable year.''.
            (2) Definitions removed.--
                    (A) In general.--Section 45Q(e) is amended by 
                striking paragraphs (1) and (2) and redesignating 
                paragraphs (3) through (5) as paragraphs (1) through 
                (3), respectively.
                    (B) Conforming amendment.--Section 142(o)(1)(B) is 
                amended by striking ``section 45Q(e)(3)'' and inserting 
                ``section 45Q(e)(1)''.
    (b) Modified Applicable Dollar Amount.--Section 45Q(b)(1) is 
amended to read as follows:
            ``(1) Applicable dollar amount.--
                    ``(B) In general.--The applicable dollar amount 
                shall be an amount equal to--
                            ``(i) for any taxable year beginning in a 
                        calendar year after 2016 and before 2027--
                                    ``(I) for purposes of paragraph (3) 
                                of subsection (a), the dollar amount 
                                established by linear interpolation 
                                between $22.66 and $50 for each 
                                calendar year during such period, and
                                    ``(II) for purposes of paragraph 
                                (4) of such subsection, the dollar 
                                amount established by linear 
                                interpolation between $12.83 and $35 
                                for each calendar year during such 
                                period, and
                            ``(ii) for any taxable year beginning in a 
                        calendar year after 2026--
                                    ``(I) for purposes of paragraph (3) 
                                of subsection (a), an amount equal to 
                                the product of $50 and the inflation 
                                adjustment factor for such calendar 
                                year determined under section 
                                43(b)(3)(B) for such calendar year, 
                                determined by substituting `2025' for 
                                `1990', and
                                    ``(II) for purposes of paragraph 
                                (4) of such subsection, an amount equal 
                                to the product of $35 and the inflation 
                                adjustment factor for such calendar 
                                year determined under section 
                                43(b)(3)(B) for such calendar year, 
                                determined by substituting `2025' for 
                                `1990'.
                    ``(C) Rounding.--The applicable dollar amount 
                determined under subparagraph (A) shall be rounded to 
                the nearest cent.''.
    (c) Wage and Apprenticeship Requirements.--Section 45Q is amended 
by striking subsection (h) and by redesignating subsection (i) as 
subsection (h).
    (d) Credit Reduced for Tax-Exempt Bonds.--Section 45Q(f) is amended 
by striking paragraph (8).
    (e) Application of Section for Certain Carbon Capture Equipment.--
Section 45Q(g) is amended by striking ``the earlier of January 1, 2023, 
and''.
    (f) Election.--Section 45Q(f) is amended by striking paragraph (9).
    (g) No Regulations for Baseline Carbon Oxide Production.--
Subsection (h) of section 45Q, as redesignated by subsection (c), is 
amended--
            (1) in paragraph (1), by adding ``and'' at the end,
            (2) in paragraph (2), by striking ``, and'' and inserting a 
        period, and
            (3) by striking paragraph (3).
    (h) Effective Dates.--
            (1) In general.--Except as provided in paragraphs (2), (3), 
        and (4), the amendments made by this section shall apply to 
        facilities or equipment placed in service after December 31, 
        2022.
            (2) Carbon oxide capture requirements.--The amendments made 
        by subsection (a) shall apply to facilities or equipment the 
        construction of which begins after August 16, 2022.
            (3) Application of section for certain carbon capture 
        equipment.--The amendments made by subsection (e) shall take 
        effect on August 16, 2022.
            (4) Election.--The amendment made by subsection (f) shall 
        apply to carbon oxide captured and disposed of after December 
        31, 2021.

SEC. 226. ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT REPEALED.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
is amended by striking section 45U (and by striking the item relating 
to such section in the table of sections for such subpart).
    (b) Conforming Amendments.--Section 38(b) is amended--
            (1) in paragraph (32), by adding ``plus'' at the end,
            (2) in paragraph (33), by striking the comma at the end and 
        inserting a period, and
            (3) by striking paragraph (34).
    (c) Effective Date.--The amendments made by this section shall 
apply to electricity produced and sold after December 31, 2023, in 
taxable years beginning after such date.

SEC. 227. INCENTIVES FOR BIODIESEL, RENEWABLE DIESEL, AND ALTERNATIVE 
              FUELS.

    (a) Biodiesel and Renewable Diesel Credit.--Section 40A(g) is 
amended by striking ``December 31, 2024'' and inserting ``December 31, 
2022''.
    (b) Biodiesel Mixture Credit.--
            (1) In general.--Section 6426(c)(6) is amended by striking 
        ``December 31, 2024'' and inserting ``December 31, 2022''.
            (2) Fuels not used for taxable purposes.--Section 
        6427(e)(6)(B) is amended by striking ``December 31, 2024'' and 
        inserting ``December 31, 2022''.
    (c) Alternative Fuel Credit.--Section 6426(d)(5) is amended by 
striking ``December 31, 2024'' and inserting ``December 31, 2021''.
    (d) Alternative Fuel Mixture Credit.--Section 6426(e)(3) is amended 
by striking ``December 31, 2024'' and inserting ``December 31, 2021''.
    (e) Payments for Alternative Fuels.--Section 6427(e)(6)(C) is 
amended by striking ``December 31, 2024'' and inserting ``December 31, 
2021''.
    (f) Repeal of Special Rule.--Subsection (g) of section 13201 of 
Public Law 117-169 is repealed.
    (g) Effective Date.--The amendments made by this section shall 
apply to fuel sold or used after December 31, 2021.

SEC. 228. SECOND GENERATION BIOFUEL INCENTIVES.

    (a) In General.--Section 40(b)(6)(j)(i) is amended by striking 
``2025'' and inserting ``2022''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to qualified second generation biofuel production after December 
31, 2021.

SEC. 229. REPEAL OF SUSTAINABLE AVIATION FUEL CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
is amended by striking section 40B (and by striking the item relating 
to such section in the table of sections for such subpart).
    (b) Conforming Amendment.--Section 38(b) is amended by striking 
paragraph (35).
    (c) Coordination With Biodiesel Removed.--
            (1) In general.--Section 40A(d)(1) is amended by striking 
        ``or 40B''.
            (2) Conforming amendment.--Section 40A(f) is amended by 
        adding at the end the following:
            ``(4) Certain aviation fuel.--
                    ``(A) In general.--Except as provided in the last 3 
                sentences of paragraph (3), the term `renewable diesel' 
                shall include fuel derived from biomass which meets the 
                requirements of a Department of Defense specification 
                for military jet fuel or an American Society of Testing 
                and Materials specification for aviation turbine fuel.
                    ``(B) Application of mixture credits.--In the case 
                of fuel which is treated as renewable diesel solely by 
                reason of subparagraph (A), subsection (b)(1) and 
                section 6426(c) shall be applied with respect to such 
                fuel by treating kerosene as though it were diesel 
                fuel.''.
            (3) Sustainable aviation fuel credit provisions removed.--
        Section 6426 is amended by striking subsection (k).
    (d) Conforming Amendments.--
            (1) Section 6426 is amended--
                    (A) in subsection (a)(1), by striking ``(e), and 
                (k)'' and inserting ``and (e)'', and
                    (B) in subsection (h), by striking ``under section 
                40, 40A, or 40B'' and inserting ``under section 40 or 
                40A''.
            (2) Section 6427(e) is amended--
                    (A) in the heading, by striking ``Alternative Fuel, 
                or Sustainable Aviation Fuel'' and inserting ``or 
                Alternative Fuel'',
                    (B) in paragraph (1), by striking ``or the 
                sustainable aviation fuel mixture credit'', and
                    (C) in paragraph (6)--
                            (i) in subparagraph (C), by adding ``and'' 
                        at the end,
                            (ii) in subparagraph (D), by striking ``, 
                        and'' and inserting a period, and
                            (iii) by striking subparagraph (E).
            (3) Section 4101(a)(1) is amended by striking ``every 
        person producing or importing sustainable aviation fuel (as 
        defined in section 40B),''.
            (4) Section 87 is amended--
                    (A) in paragraph (1), by adding ``and'' at the end,
                    (B) in paragraph (2), by striking ``, and'' and 
                inserting a period, and
                    (C) by striking paragraph (3).
    (e) Effective Date.--The amendments made by this section shall 
apply to fuel sold or used after December 31, 2022.

SEC. 230. CLEAN HYDROGEN REPEALS.

    (a) Credit for Production of Clean Hydrogen Repealed.--
            (1) In general.--Subpart D of part IV of subchapter A of 
        chapter 1 is amended by striking section 45V (and by striking 
        the item relating to such section in the table of sections for 
        such subpart).
            (2) Conforming amendment.--Section 38(b) is amended by 
        striking paragraph (36).
            (3) Effective date.--The amendments made by this section 
        shall apply to hydrogen produced after December 31, 2022.
    (b) Credit for Electricity Produced From Renewable Resources 
Allowed if Electricity Is Used To Produce Clean Hydrogen.--
            (1) In general.--Section 45(e) is amended by striking 
        paragraph (13).
            (2) Effective date.--The amendments made by this subsection 
        shall apply to electricity produced after December 31, 2022.
    (c) Election To Treat Clean Hydrogen Production Facilities as 
Energy Property.--
            (1) In general.--Section 48(a) is amended by striking 
        paragraph (15) and by redesignating paragraph (16) as paragraph 
        (15).
            (2) Effective date.--The amendments made by this subsection 
        shall apply to property placed in service after December 31, 
        2022.
    (d) Reinstatement of Alternative Fuel Credit for Liquefied 
Hydrogen.--
            (1) In general.--Section 6426(d)(2) is amended by 
        redesignating subparagraphs (D), (E), and (F) as subparagraphs 
        (E), (F), and (G), respectively, and by inserting after 
        subparagraph (C) the following:
                    ``(D) liquefied hydrogen,''.
            (2) Conforming amendment.--Section 6426(e)(2) is amended by 
        striking ``(E)'' and inserting ``(F)''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to fuel sold or used after December 31, 2022.

SEC. 231. NONBUSINESS ENERGY PROPERTY CREDIT.

    (a) In General.--Section 25C is amended to read as follows:

``SEC. 25C. NONBUSINESS ENERGY PROPERTY.

    ``(a) Allowance of Credit.--In the case of an individual, there 
shall be allowed as a credit against the tax imposed by this chapter 
for the taxable year an amount equal to the sum of--
            ``(1) 10 percent of the amount paid or incurred by the 
        taxpayer for qualified energy efficiency improvements installed 
        during such taxable year, and
            ``(2) the amount of the residential energy property 
        expenditures paid or incurred by the taxpayer during such 
        taxable year.
    ``(b) Limitations.--
            ``(1) Lifetime limitation.--The credit allowed under this 
        section with respect to any taxpayer for any taxable year shall 
        not exceed the excess (if any) of $500 over the aggregate 
        credits allowed under this section with respect to such 
        taxpayer for all prior taxable years ending after December 31, 
        2005.
            ``(2) Windows.--In the case of amounts paid or incurred for 
        components described in subsection (c)(3)(B) by any taxpayer 
        for any taxable year, the credit allowed under this section 
        with respect to such amounts for such year shall not exceed the 
        excess (if any) of $200 over the aggregate credits allowed 
        under this section with respect to such amounts for all prior 
        taxable years ending after December 31, 2005.
            ``(3) Limitation on residential energy property 
        expenditures.--The amount of the credit allowed under this 
        section by reason of subsection (a)(2) shall not exceed--
                    ``(A) $50 for any advanced main air circulating 
                fan,
                    ``(B) $150 for any qualified natural gas, propane, 
                or oil furnace or hot water boiler, and
                    ``(C) $300 for any item of energy-efficient 
                building property.
    ``(c) Qualified Energy Efficiency Improvements.--For purposes of 
this section--
            ``(1) In general.--The term `qualified energy efficiency 
        improvements' means any energy efficient building envelope 
        component, if--
                    ``(A) such component is installed in or on a 
                dwelling unit located in the United States and owned 
                and used by the taxpayer as the taxpayer's principal 
                residence (within the meaning of section 121),
                    ``(B) the original use of such component commences 
                with the taxpayer, and
                    ``(C) such component reasonably can be expected to 
                remain in use for at least 5 years.
            ``(2) Energy efficient building envelope component.--The 
        term `energy efficient building envelope component' means a 
        building envelope component which meets--
                    ``(A) applicable Energy Star program requirements, 
                in the case of a roof or roof products,
                    ``(B) version 6.0 Energy Star program requirements, 
                in the case of an exterior window, a skylight, or an 
                exterior door, and
                    ``(C) the prescriptive criteria for such component 
                established by the 2009 International Energy 
                Conservation Code, as such Code (including supplements) 
                is in effect on the date of the enactment of the 
                American Recovery and Reinvestment Tax Act of 2009, in 
                the case of any other component.
            ``(3) Building envelope component.--The term `building 
        envelope component' means--
                    ``(A) any insulation material or system which is 
                specifically and primarily designed to reduce the heat 
                loss or gain of a dwelling unit when installed in or on 
                such dwelling unit,
                    ``(B) exterior windows (including skylights),
                    ``(C) exterior doors, and
                    ``(D) any metal roof or asphalt roof installed on a 
                dwelling unit, but only if such roof has appropriate 
                pigmented coatings or cooling granules which are 
                specifically and primarily designed to reduce the heat 
                gain of such dwelling unit.
            ``(4) Manufactured homes included.--The term `dwelling 
        unit' includes a manufactured home which conforms to Federal 
        Manufactured Home Construction and Safety Standards (part 3280 
        of title 24, Code of Federal Regulations).
    ``(d) Residential Energy Property Expenditures.--For purposes of 
this section--
            ``(1) In general.--The term `residential energy property 
        expenditures' means expenditures made by the taxpayer for 
        qualified energy property which is--
                    ``(A) installed on or in connection with a dwelling 
                unit located in the United States and owned and used by 
                the taxpayer as the taxpayer's principal residence 
                (within the meaning of section 121), and
                    ``(B) originally placed in service by the taxpayer.
        Such term includes expenditures for labor costs properly 
        allocable to the onsite preparation, assembly, or original 
        installation of the property.
            ``(2) Qualified energy property.--
                    ``(A) In general.--The term `qualified energy 
                property' means--
                            ``(i) energy-efficient building property,
                            ``(ii) a qualified natural gas, propane, or 
                        oil furnace or hot water boiler, or
                            ``(iii) an advanced main air circulating 
                        fan.
                    ``(B) Performance and quality standards.--Property 
                described under subparagraph (A) shall meet the 
                performance and quality standards, and the 
                certification requirements (if any), which--
                            ``(i) have been prescribed by the Secretary 
                        by regulations (after consultation with the 
                        Secretary of Energy or the Administrator of the 
                        Environmental Protection Agency, as 
                        appropriate), and
                            ``(ii) are in effect at the time of the 
                        acquisition of the property, or at the time of 
                        the completion of the construction, 
                        reconstruction, or erection of the property, as 
                        the case may be.
                    ``(C) Requirements and standards for air 
                conditioners and heat pumps.--The standards and 
                requirements prescribed by the Secretary under 
                subparagraph (B) with respect to the energy efficiency 
                ratio (EER) for central air conditioners and electric 
                heat pumps--
                            ``(i) shall require measurements to be 
                        based on published data which is tested by 
                        manufacturers at 95 degrees Fahrenheit, and
                            ``(ii) may be based on the certified data 
                        of the Air Conditioning and Refrigeration 
                        Institute that are prepared in partnership with 
                        the Consortium for Energy Efficiency.
            ``(3) Energy-efficient building property.--The term 
        `energy-efficient building property' means--
                    ``(A) an electric heat pump water heater which 
                yields a Uniform Energy Factor of at least 2.2 in the 
                standard Department of Energy test procedure,
                    ``(B) an electric heat pump which achieves the 
                highest efficiency tier established by the Consortium 
                for Energy Efficiency, as in effect on January 1, 2009,
                    ``(C) a central air conditioner which achieves the 
                highest efficiency tier established by the Consortium 
                for Energy Efficiency, as in effect on January 1, 2009, 
                and
                    ``(D) a natural gas, propane, or oil water heater 
                which has either a Uniform Energy Factor of at least 
                0.82 or a thermal efficiency of at least 90 percent.
            ``(4) Qualified natural gas, propane, or oil furnace or hot 
        water boiler.--The term `qualified natural gas, propane, or oil 
        furnace or hot water boiler' means a natural gas, propane, or 
        oil furnace or hot water boiler which achieves an annual fuel 
        utilization efficiency rate of not less than 95.
            ``(5) Advanced main air circulating fan.--The term 
        `advanced main air circulating fan' means a fan used in a 
        natural gas, propane, or oil furnace and which has an annual 
        electricity use of no more than 2 percent of the total annual 
        energy use of the furnace (as determined in the standard 
        Department of Energy test procedures).
    ``(e) Special Rules.--For purposes of this section--
            ``(1) Application of rules.--Rules similar to the rules 
        under paragraphs (4), (5), (6), (7), and (8) of section 25D(e) 
        shall apply.
            ``(2) Joint ownership of energy items.--
                    ``(A) In general.--Any expenditure otherwise 
                qualifying as an expenditure under this section shall 
                not be treated as failing to so qualify merely because 
                such expenditure was made with respect to two or more 
                dwelling units.
                    ``(B) Limits applied separately.--In the case of 
                any expenditure described in subparagraph (A), the 
                amount of the credit allowable under subsection (a) 
                shall (subject to paragraph (1)) be computed separately 
                with respect to the amount of the expenditure made for 
                each dwelling unit.
            ``(3) Property financed by subsidized energy financing.--
        For purposes of determining the amount of expenditures made by 
        any individual with respect to any property, there shall not be 
        taken into account expenditures which are made from subsidized 
        energy financing (as defined in section 48(a)(4)(C)).
    ``(f) Basis Adjustments.--For purposes of this subtitle, if a 
credit is allowed under this section for any expenditure with respect 
to any property, the increase in the basis of such property which would 
(but for this subsection) result from such expenditure shall be reduced 
by the amount of the credit so allowed.
    ``(g) Termination.--This section shall not apply with respect to 
any property placed in service--
            ``(1) after December 31, 2007, and before January 1, 2009, 
        or
            ``(2) after December 31, 2021.''.
    (b) Conforming Amendments.--
            (1) Section 1016(a)(33) is amended by striking ``section 
        25C(g)'' and inserting ``25C(f)''.
            (2) Section 6213(g)(2) is amended--
                    (A) by adding ``and'' at the end of subparagraph 
                (P),
                    (B) by striking the comma at the end of 
                subparagraph (Q) and inserting a period, and
                    (C) by striking subparagraphs (R) and (S).
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2021.

SEC. 232. RESIDENTIAL CLEAN ENERGY CREDIT REVERTED TO CREDIT FOR 
              RESIDENTIAL ENERGY EFFICIENT PROPERTY.

    (a) Extension Reversed.--
            (1) In general.--Section 25D(h) is amended by striking 
        ``December 31, 2034'' and inserting ``December 31, 2023''.
            (2) Phaseout restored.--Section 25D(g) is amended--
                    (A) in paragraph (1), by adding ``and'' at the end,
                    (B) in paragraph (2), by striking ``before January 
                1, 2022, 26 percent,'' and inserting ``before January 
                1, 2023, 26 percent, and'',
                    (C) in paragraph (3), by striking ``December 31, 
                2021, and before January 1, 2033, 30 percent,'' and 
                inserting ``December 31, 2022, and before January 1, 
                2024, 22 percent.'', and
                    (D) by striking paragraphs (4) and (5).
    (b) Residential Clean Energy Credit for Battery Storage Technology 
Removed; Biomass Expenditure Provisions Restored.--
            (1) In general.--Paragraph (6) of section 25D(a) is amended 
        to read as follows:
            ``(6) the qualified biomass fuel property expenditures,'',
            (2) Definition of qualified biomass fuel property 
        expenditures restored.--Paragraph (6) of section 25D(d) is 
        amended to read as follows:
            ``(6) Qualified biomass fuel property expenditure.--
                    ``(A) In general.--The term `qualified biomass fuel 
                property expenditure' means an expenditure for 
                property--
                            ``(i) which uses the burning of biomass 
                        fuel to heat a dwelling unit located in the 
                        United States and used as a residence by the 
                        taxpayer, or to heat water for use in such a 
                        dwelling unit, and
                            ``(ii) which has a thermal efficiency 
                        rating of at least 75 percent (measured by the 
                        higher heating value of the fuel).
                    ``(B) Biomass fuel.--For purposes of this section, 
                the term `biomass fuel' means any plant-derived fuel 
                available on a renewable or recurring basis.''.
    (c) Conforming Amendments.--
            (1) Section 25D(d)(3) is amended by striking ``, without 
        regard to subparagraph (D) thereof''.
            (2) The heading for section 25D is amended by striking 
        ``clean energy credit'' and inserting ``energy efficient 
        property''.
            (3) The table of sections for subpart A of part IV of 
        subchapter A of chapter 1 is amended by striking the item 
        relating to section 25D and inserting the following:

``Sec. 25D. Residential energy efficient property.''
    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to expenditures 
        made after December 31, 2021.
            (2) Residential clean energy credit for battery storage 
        technology removed; biomass expenditure provisions restored.--
        The amendments made by subsection (b) shall apply to 
        expenditures made after December 31, 2022.

SEC. 233. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.

    (a) In General.--
            (1) Maximum amount of deduction rules restored.--Section 
        179D(b) is amended to read as follows:
    ``(b) Maximum Amount of Deduction.--The deduction under subsection 
(a) with respect to any building for any taxable year shall not exceed 
the excess (if any) of--
            ``(1) the product of--
                    ``(A) $1.80, and
                    ``(B) the square footage of the building, over
            ``(2) the aggregate amount of the deductions under 
        subsection (a) with respect to the building for all prior 
        taxable years.''.
            (2) Modification of efficiency standard.--Section 
        179D(c)(1)(D) is amended by striking ``25 percent'' and 
        inserting ``50 percent''.
            (3) Reference standard.--Section 179D(c)(2) is amended to 
        read as follows:
            ``(2) Reference standard 90.1.--The term `Reference 
        Standard 90.1' means, with respect to any property, the most 
        recent Standard 90.1 published by the American Society of 
        Heating, Refrigerating, and Air Conditioning Engineers and the 
        Illuminating Engineering Society of North America which has 
        been affirmed by the Secretary, after consultation with the 
        Secretary of Energy, for purposes of this section not later 
        than the date that is 2 years before the date that construction 
        of such property begins.''.
            (4) Partial allowance.--
                    (A) In general.--Section 179D(d) is amended--
                            (i) by redesignating paragraphs (1) through 
                        (5) as paragraphs (2) through (6), 
                        respectively, and
                            (ii) by inserting before paragraph (2) the 
                        following:
            ``(1) Partial allowance.--
                    ``(A) In general.--Except as provided in subsection 
                (f), if--
                            ``(i) the requirement of subsection 
                        (c)(1)(D) is not met, but
                            ``(ii) there is a certification in 
                        accordance with paragraph (6) that any system 
                        referred to in subsection (c)(1)(C) satisfies 
                        the energy-savings targets established by the 
                        Secretary under subparagraph (B) with respect 
                        to such system,
                then the requirement of subsection (c)(1)(D) shall be 
                treated as met with respect to such system, and the 
                deduction under subsection (a) shall be allowed with 
                respect to energy efficient commercial building 
                property installed as part of such system and as part 
                of a plan to meet such targets, except that subsection 
                (b) shall be applied to such property by substituting 
                `$.60' for `$1.80'.
                    ``(B) Regulations.--The Secretary, after 
                consultation with the Secretary of Energy, shall 
                establish a target for each system described in 
                subsection (c)(1)(C) such that, if such targets were 
                met for all such systems, the building would meet the 
                requirements of subsection (c)(1)(D).''.
                    (B) Conforming amendments.--
                            (i) Section 179D(c)(1)(D) is amended--
                                    (I) by striking ``subsection 
                                (d)(5)'' and inserting ``subsection 
                                (d)(6)'', and
                                    (II) by striking ``subsection 
                                (d)(1)'' and inserting ``subsection 
                                (d)(2)''.
                            (ii) Paragraph (3)(A) of section 179D(d), 
                        as redesignated by subparagraph (A), is amended 
                        by striking ``paragraph (1)'' and inserting 
                        ``paragraph (2)''.
                            (iii) Paragraph (5) of section 179D(d), as 
                        redesignated by subparagraph (A), is amended by 
                        striking ``paragraph (2)(B)(iii)'' and 
                        inserting ``paragraph (3)(B)(iii)''.
                            (iv) Section 179D(h)(2) is amended by 
                        inserting ``or (d)(1)(A)'' after ``subsection 
                        (c)(1)(D)''.
            (5) Allocation of deduction for public property.--Paragraph 
        (4) of section 179D(d), as redesignated by paragraph (4)(A), is 
        amended to read as follows:
            ``(4) Allocation of deduction for public property.--In the 
        case of energy efficient commercial building property installed 
        on or in property owned by a Federal, State, or local 
        government or a political subdivision thereof, the Secretary 
        shall promulgate a regulation to allow the allocation of the 
        deduction to the person primarily responsible for designing the 
        property in lieu of the owner of such property. Such person 
        shall be treated as the taxpayer for purposes of this 
        section.''.
            (6) Alternative deduction for energy efficient building 
        retrofit property repealed.--
                    (A) In general.--Section 179D is amended by 
                striking subsection (f).
                    (B) Restoration of text relating to interim rules 
                for lighting systems.--Section 179D is amended by 
                inserting after subsection (e) the following:
    ``(f) Interim Rules for Lighting Systems.--Until such time as the 
Secretary issues final regulations under subsection (d)(1)(B) with 
respect to property which is part of a lighting system--
            ``(1) In general.--The lighting system target under 
        subsection (d)(1)(A)(ii) shall be a reduction in lighting power 
        density of 25 percent (50 percent in the case of a warehouse) 
        of the minimum requirements in Table 9.5.1 or Table 9.6.1 (not 
        including additional interior lighting power allowances) of 
        Standard 90.1-2007.
            ``(2) Reduction in deduction if reduction less than 40 
        percent.--
                    ``(A) In general.--If, with respect to the lighting 
                system of any building other than a warehouse, the 
                reduction in lighting power density of the lighting 
                system is not at least 40 percent, only the applicable 
                percentage of the amount of deduction otherwise 
                allowable under this section with respect to such 
                property shall be allowed.
                    ``(B) Applicable percentage.--For purposes of 
                subparagraph (A), the applicable percentage is the 
                number of percentage points (not greater than 100) 
                equal to the sum of--
                            ``(i) 50, and
                            ``(ii) the amount which bears the same 
                        ratio to 50 as the excess of the reduction of 
                        lighting power density of the lighting system 
                        over 25 percentage points bears to 15.
                    ``(C) Exceptions.--This subsection shall not apply 
                to any system--
                            ``(i) the controls and circuiting of which 
                        do not comply fully with the mandatory and 
                        prescriptive requirements of Standard 90.1-2007 
                        and which do not include provision for bilevel 
                        switching in all occupancies except hotel and 
                        motel guest rooms, store rooms, restrooms, and 
                        public lobbies, or
                            ``(ii) which does not meet the minimum 
                        requirements for calculated lighting levels as 
                        set forth in the Illuminating Engineering 
                        Society of North America Lighting Handbook, 
                        Performance and Application, Ninth Edition, 
                        2000.''.
            (7) Inflation adjustment.--Section 179D(g) is amended--
                    (A) by inserting ``or subsection (d)(1)(A)'' after 
                ``subsection (b)'',
                    (B) by striking ``2022'' and inserting ``2020'', 
                and
                    (C) by striking ``calendar year 2021'' and 
                inserting ``calendar year 2019''.
    (b) Special Rule for Real Estate Investment Trusts Removed.--
Section 312(k)(3)(B) is amended to read as follows:
                    ``(B) Treatment of amounts deductible under section 
                179, 179b, 179c, 179d, or 179e.--For purposes of 
                computing the earnings and profits of a corporation, 
                any amount deductible under section 179, 179B, 179C, 
                179D, or 179E shall be allowed as a deduction ratably 
                over the period of 5 taxable years (beginning with the 
                taxable year for which such amount is deductible under 
                section 179, 179B, 179C, 179D, or 179E, as the case may 
                be).''.
    (c) Conforming Amendment.--Paragraph (2) of section 179D(d), as 
redesignated by subsection (a)(4)(A), is amended by striking ``not 
later than the date that is 4 years before the date such property is 
placed in service'' and inserting ``not later than the date that is 2 
years before the date that construction of such property begins''.
    (d) Effective Dates.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2022.

SEC. 234. MODIFICATIONS TO NEW ENERGY EFFICIENT HOME CREDIT.

    (a) Extension Reversed.--Section 45L(h) is amended by striking 
``December 31, 2032'' and inserting ``December 31, 2021''.
    (b) Decrease in Credit Amounts.--Paragraph (2) of section 45L(a) is 
amended to read as follows:
            ``(2) Applicable amount.--For purposes of paragraph (1), 
        the applicable amount is an amount equal to--
                    ``(A) in the case of a dwelling unit described in 
                paragraph (1) or (2) of subsection (c), $2,000, and
                    ``(B) in the case of a dwelling unit described in 
                paragraph (3) of subsection (c), $1,000.''.
    (c) Reversal of Modification of Energy Saving Requirements.--
Section 45L(c) is amended to read as follows:
    ``(c) Energy Saving Requirements.--A dwelling unit meets the energy 
saving requirements of this subsection if such unit is--
            ``(1) certified--
                    ``(A) to have a level of annual heating and cooling 
                energy consumption which is at least 50 percent below 
                the annual level of heating and cooling energy 
                consumption of a comparable dwelling unit--
                            ``(i) which is constructed in accordance 
                        with the standards of chapter 4 of the 2006 
                        International Energy Conservation Code, as such 
                        Code (including supplements) is in effect on 
                        January 1, 2006, and
                            ``(ii) for which the heating and cooling 
                        equipment efficiencies correspond to the 
                        minimum allowed under the regulations 
                        established by the Department of Energy 
                        pursuant to the National Appliance Energy 
                        Conservation Act of 1987 and in effect at the 
                        time of completion of construction, and
                    ``(B) to have building envelope component 
                improvements account for at least \1/5\ of such 50 
                percent,
            ``(2) a manufactured home which conforms to Federal 
        Manufactured Home Construction and Safety Standards (part 3280 
        of title 24, Code of Federal Regulations) and which meets the 
        requirements of paragraph (1), or
            ``(3) a manufactured home which conforms to Federal 
        Manufactured Home Construction and Safety Standards (part 3280 
        of title 24, Code of Federal Regulations) and which--
                    ``(A) meets the requirements of paragraph (1) 
                applied by substituting `30 percent' for `50 percent' 
                both places it appears therein and by substituting `\1/
                3\' for `\1/5\' in subparagraph (B) thereof, or
                    ``(B) meets the requirements established by the 
                Administrator of the Environmental Protection Agency 
                under the Energy Star Labeled Homes program.''.
    (d) Prevailing Wage Requirement Removed.--Section 45L is amended by 
striking subsection (g) and redesignating subsection (h) as subsection 
(g).
    (e) Basis Adjustment.--Section 45L(e) is amended by striking ``This 
subsection shall not apply for purposes of determining the adjusted 
basis of any building under section 42''.
    (f) Effective Dates.--The amendments made by this section shall 
apply to dwelling units acquired after December 31, 2021.

SEC. 235. CLEAN VEHICLE CREDIT.

    (a) Per Vehicle Dollar Limitation.--Section 30D(b) is amended by 
striking paragraphs (2) and (3) and inserting the following:
            ``(2) Base amount.--The amount determined under this 
        paragraph is $2,500.
            ``(3) Battery capacity.--In the case of a vehicle which 
        draws propulsion energy from a battery with not less than 5 
        kilowatt hours of capacity, the amount determined under this 
        paragraph is $417, plus $417 for each kilowatt hour of capacity 
        in excess of 5 kilowatt hours. The amount determined under this 
        paragraph shall not exceed $5,000.''.
    (b) Final Assembly.--Section 30D(d) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (E), by adding ``and'' at the 
                end,
                    (B) in subparagraph (F)(ii), by striking the comma 
                at the end and inserting a period, and
                    (C) by striking subparagraph (G), and
            (2) by striking paragraph (5).
    (c) Definition.--
            (1) In general.--Section 30D(d), as amended by subsection 
        (b), is amended--
                    (A) in the heading, by striking ``Clean'' and 
                inserting ``Qualified Plug-In Electric Drive Motor'',
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``clean'' and inserting 
                        ``qualified plug-in electric drive motor'',
                            (ii) in subparagraph (C), by striking 
                        ``qualified'' before ``manufacturer'',
                            (iii) in subparagraph (F)(i), by striking 
                        ``7'' and inserting ``4'', and
                            (iv) by striking subparagraph (H),
                    (C) in paragraph (3)--
                            (i) in the heading, by striking ``qualified 
                        manufacturer'' and inserting ``Manufacturer'', 
                        and
                            (ii) by striking ``The term `qualified 
                        manufacturer' means'' and all that follows 
                        through the period and inserting ``The term 
                        `manufacturer' has the meaning given such term 
                        in regulations prescribed by the Administrator 
                        of the Environmental Protection Agency for 
                        purposes of the administration of title II of 
                        the Clean Air Act (42 U.S.C. 7521 et seq.).'', 
                        and
                    (D) by striking paragraph (6).
            (2) Conforming amendments.--Section 30D is amended--
                    (A) in subsection (a), by striking ``new clean 
                vehicle'' and inserting ``new qualified plug-in 
                electric drive motor vehicle'', and
                    (B) in subsection (b)(1), by striking ``new clean 
                vehicle'' and inserting ``new qualified plug-in 
                electric drive motor vehicle''.
    (d) Critical Mineral Requirements Removed.--Section 30D is amended 
by striking subsection (e).
    (e) Limitation on Number of Vehicles Eligible for Credit 
Restored.--
            (1) In general.--Section 30D is amended by inserting after 
        subsection (d) the following:
    ``(e) Limitation on Number of New Qualified Plug-In Electric Drive 
Motor Vehicles Eligible for Credit.--
            ``(1) In general.--In the case of a new qualified plug-in 
        electric drive motor vehicle sold during the phaseout period, 
        only the applicable percentage of the credit otherwise 
        allowable under subsection (a) shall be allowed.
            ``(2) Phaseout period.--For purposes of this subsection, 
        the phaseout period is the period beginning with the second 
        calendar quarter following the calendar quarter which includes 
        the first date on which the number of new qualified plug-in 
        electric drive motor vehicles manufactured by the manufacturer 
        of the vehicle referred to in paragraph (1) sold for use in the 
        United States after December 31, 2009, is at least 200,000.
            ``(3) Applicable percentage.--For purposes of paragraph 
        (1), the applicable percentage is--
                    ``(A) 50 percent for the first 2 calendar quarters 
                of the phaseout period,
                    ``(B) 25 percent for the 3rd and 4th calendar 
                quarters of the phaseout period, and (C)
                    ``(C) 0 percent for each calendar quarter 
                thereafter.
            ``(4) Controlled groups.--Rules similar to the rules of 
        section 30B(f)(4) shall apply for purposes of this 
        subsection.''.
            (2) Excluded entities.--Section 30D(d), as amended by 
        Public Law 117-169, is amended by striking paragraph (7).
    (f) Special Rules Repealed.--Section 30D(f) is amended by striking 
paragraphs (8), (9), (10), and (11).
    (g) Transfer of Credit Repealed.--
            (1) In general.--Section 30D is amended by striking 
        subsection (g).
            (2) Restoration of text relating to plug-in electric 
        vehicles.--Section 30D is amended by inserting after subsection 
        (f) the following:
    ``(g) Credit Allowed for 2- and 3-wheeled Plug-In Electric 
Vehicles.--
            ``(1) In general.--In the case of a qualified 2- or 3-
        wheeled plug-in electric vehicle--
                    ``(A) there shall be allowed as a credit against 
                the tax imposed by this chapter for the taxable year an 
                amount equal to the sum of the applicable amount with 
                respect to each such qualified 2- or 3-wheeled plug-in 
                electric vehicle placed in service by the taxpayer 
                during the taxable year, and
                    ``(B) the amount of the credit allowed under 
                subparagraph (A) shall be treated as a credit allowed 
                under subsection (a).
            ``(2) Applicable amount.--For purposes of paragraph (1), 
        the applicable amount is an amount equal to the lesser of--
                    ``(A) 10 percent of the cost of the qualified 2- or 
                3-wheeled plug-in electric vehicle, or
                    ``(B) $2,500.
            ``(3) Qualified 2- or 3-wheeled plug-in electric vehicle.--
        The term `qualified 2- or 3-wheeled plug-in electric vehicle' 
        means any vehicle which--
                    ``(A) has 2 or 3 wheels,
                    ``(B) meets the requirements of subparagraphs (A), 
                (B), (C), (E), and (F) of subsection (d)(1) (determined 
                by substituting `2.5 kilowatt hours' for `4 kilowatt 
                hours' in subparagraph (F)(i)),
                    ``(C) is manufactured primarily for use on public 
                streets, roads, and highways,
                    ``(D) is capable of achieving a speed of 45 miles 
                per hour or greater, and
                    ``(E) is acquired--
                            ``(i) after December 31, 2011, and before 
                        January 1, 2014, or
                            ``(ii) in the case of a vehicle that has 2 
                        wheels, after December 31, 2014, and before 
                        January 1, 2022.''.
            (3) Conforming amendments reversed.--Section 30D(f), as 
        amended by Public Law 117-169, is amended--
                    (A) by inserting after paragraph (2) the following:
    ``(3) Property Used by Tax-Exempt Entity.--In the case of a vehicle 
the use of which is described in paragraph (3) or (4) of section 50(b) 
and which is not subject to a lease, the person who sold such vehicle 
to the person or entity using such vehicle shall be treated as the 
taxpayer that placed such vehicle in service, but only if such person 
clearly discloses to such person or entity in a document the amount of 
any credit allowable under subsection (a) with respect to such vehicle 
(determined without regard to subsection (c)). For purposes of 
subsection (c), property to which this paragraph applies shall be 
treated as of a character subject to an allowance for depreciation.'', 
and
                    (B) in paragraph (8), by striking ``, including any 
                vehicle with respect to which the taxpayer elects the 
                application of subsection (g)''.
    (h) Termination Repealed.--Section 30D is amended by striking 
subsection (h).
    (i) Additional Conforming Amendments.--
            (1) The heading of section 30D is amended by striking 
        ``clean vehicle credit'' and inserting ``new qualified plug-in 
        electric drive motor vehicles''.
            (2) Section 30B is amended--
                    (A) in subsection (h)(8) by inserting ``, except 
                that no benefit shall be recaptured if such property 
                ceases to be eligible for such credit by reason of 
                conversion to a qualified plug-in electric drive motor 
                vehicle'', before the period at the end, and
                    (B) by inserting after subsection (h) the following 
                subsection:
    ``(i) Plug-In Conversion Credit.--
            ``(1) In general.--For purposes of subsection (a), the 
        plug-in conversion credit determined under this subsection with 
        respect to any motor vehicle which is converted to a qualified 
        plug-in electric drive motor vehicle is 10 percent of so much 
        of the cost of the converting such vehicle as does not exceed 
        $40,000.
            ``(2) Qualified plug-in electric drive motor vehicle.--For 
        purposes of this subsection, the term `qualified plug-in 
        electric drive motor vehicle' means any new qualified plug-in 
        electric drive motor vehicle (as defined in section 30D, 
        determined without regard to whether such vehicle is made by a 
        manufacturer or whether the original use of such vehicle 
        commences with the taxpayer).
            ``(3) Credit allowed in addition to other credits.--The 
        credit allowed under this subsection shall be allowed with 
        respect to a motor vehicle notwithstanding whether a credit has 
        been allowed with respect to such motor vehicle under this 
        section (other than this subsection) in any preceding taxable 
        year.
            ``(4) Termination.--This subsection shall not apply to 
        conversions made after December 31, 2011.''.
            (3) Section 38(b)(30) is amended by striking ``clean'' and 
        inserting ``qualified plug-in electric drive motor''.
            (4) Section 6213(g)(2) is amended by striking subparagraph 
        (T).
            (5) Section 6501(m) is amended by striking ``30D(f)(6)'' 
        and inserting ``30D(e)(4)''.
            (6) The table of sections for subpart B of part IV of 
        subchapter A of chapter 1 is amended by striking the item 
        relating to section 30D and inserting after the item relating 
        to section 30C the following item:

``Sec. 30D. New qualified plug-in electric drive motor vehicles.''.
    (j) Gross up Repealed.--Section 13401 of Public Law 117-169 is 
amended by striking subsection (j).
    (k) Transition Rule Repealed.--Section 13401 of Public Law 117-169 
is amended by striking subsection (l).
    (l) Effective Dates.--
            (1) In general.--Except as provided in paragraphs (2), (3), 
        (4), and (5), the amendments made by this section shall apply 
        to vehicles placed in service after December 31, 2022.
            (2) Final assembly.--The amendments made by subsection (b) 
        shall apply to vehicles sold after August 16, 2022.
            (3) Manufacturer limitation.--The amendment made by 
        subsections (d) and (e) shall apply to vehicles sold after 
        December 31, 2022.
            (4) Transfer of credit.--The amendments made by subsection 
        (g) shall apply to vehicles placed in service after December 
        31, 2023.
            (5) Transition rule.--The amendment made by subsection (k) 
        shall take effect as if included in Public Law 117-169.

SEC. 236. REPEAL OF CREDIT FOR PREVIOUSLY-OWNED CLEAN VEHICLES.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1 
is amended by striking section 25E (and by striking the item relating 
to such section in the table of sections for such subpart).
    (b) Conforming Amendment.--Section 6213(g)(2) is amended by 
striking subparagraph (U).
    (c) Effective Date.--The amendments made by this section shall 
apply to vehicles acquired after December 31, 2022.

SEC. 237. REPEAL OF CREDIT FOR QUALIFIED COMMERCIAL CLEAN VEHICLES.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
is amended by striking section 45W (and by striking the item relating 
to such section in the table of sections for such subpart).
    (b) Conforming Amendments.--
            (1) Section 38(b) is amended by striking paragraph (37).
            (2) Section 6213(g)(2) is amended by striking subparagraph 
        (V).
    (c) Effective Date.--The amendments made by this section shall 
apply to vehicles acquired after December 31, 2022.

SEC. 238. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.

    (a) In General.--Section 30C(i) is amended by striking ``December 
31, 2032'' and inserting ``December 31, 2021''.
    (b) Property of a Character Subject to Depreciation.--
            (1) In general.--Section 30C(a) is amended by striking ``(6 
        percent in the case of property of a character subject to 
        depreciation)''.
            (2) Modification of credit limitation.--Subsection (b) of 
        section 30C is amended--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``with respect to any 
                        single item of'' and inserting ``with respect 
                        to all'', and
                            (ii) by inserting ``at a location'' before 
                        ``shall not exceed'', and
                    (B) in paragraph (1), by striking ``$100,000 in the 
                case of any such item of property'' and inserting 
                ``$30,000 in the case of a property''.
            (3) Bidirectional charging equipment not included; eligible 
        census tract requirement removed.--Section 30C(c) is amended to 
        read as follows:
    ``(c) Qualified Alternative Fuel Vehicle Refueling Property.--For 
purposes of this section, the term `qualified alternative fuel vehicle 
refueling property' has the same meaning as the term `qualified clean-
fuel vehicle refueling property' would have under section 179A if--
            ``(1) paragraph (1) of section 179A(d) did not apply to 
        property installed on property which is used as the principal 
        residence (within the meaning of section 121) of the taxpayer, 
        and
            ``(2) only the following were treated as clean-burning 
        fuels for purposes of section 179A(d):
                    ``(A) Any fuel at least 85 percent of the volume of 
                which consists of one or more of the following: 
                ethanol, natural gas, compressed natural gas, liquified 
                natural gas, liquefied petroleum gas, or hydrogen.
                    ``(B) Any mixture--
                            ``(i) which consists of two or more of the 
                        following: biodiesel (as defined in section 
                        40A(d)(1)), diesel fuel (as defined in section 
                        4083(a)(3)), or kerosene, and
                            ``(ii) at least 20 percent of the volume of 
                        which consists of biodiesel (as so defined) 
                        determined without regard to any kerosene in 
                        such mixture.
                    ``(C) Electricity.''.
    (c) Certain Electric Charging Stations Not Included as Qualified 
Alternative Fuel Vehicle Refueling Property; Wage and Apprenticeship 
Requirements Removed.--Section 30C is amended by striking subsections 
(f) and (g) and redesignating subsections (h) and (i) as subsections 
(f) and (g), respectively.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2021.

SEC. 239. ADVANCED ENERGY PROJECT CREDIT EXTENSION REVERSED.

    (a) In General.--Section 48C is amended by striking subsection (e) 
and redesignating subsection (f) as subsection (e).
    (b) Modification of Qualifying Advanced Energy Projects.--Section 
48C(c)(1)(A) is amended--
            (1) by striking ``, any portion of the qualified investment 
        of which is certified by the Secretary under subsection (e) as 
        eligible for a credit under this section'',
            (2) in clause (i)--
                    (A) by striking ``an industrial or manufacturing 
                facility for the production or recycling of'' and 
                inserting ``a manufacturing facility for the production 
                of'',
                    (B) in subclause (I), by striking ``water,'',
                    (C) in subclause (II), by striking ``energy storage 
                systems and components'' and inserting ``an energy 
                storage system for use with electric or hybrid-electric 
                motor vehicles'',
                    (D) in subclause (III), by striking ``grid 
                modernization equipment or components'' and inserting 
                ``grids to support the transmission of intermittent 
                sources of renewable energy, including storage of such 
                energy'',
                    (E) in subclause (IV), by striking ``, remove, use, 
                or sequester carbon oxide emissions'' and inserting 
                ``and sequester carbon dioxide emissions'',
                    (F) by striking subclause (V) and inserting the 
                following:
                                    ``(V) property designed to refine 
                                or blend renewable fuels or to produce 
                                energy conservation technologies 
                                (including energy-conserving lighting 
                                technologies and smart grid 
                                technologies),'',
                    (G) by striking subclauses (VI), (VII), and (VIII),
                    (H) by inserting after subclause (V) the following:
                                    ``(VI) new qualified plug-in 
                                electric drive motor vehicles (as 
                                defined by section 30D) or components 
                                which are designed specifically for use 
                                with such vehicles, including electric 
                                motors, generators, and power control 
                                units, or'', and
                    (I) by redesignating subclause (IX) as subclause 
                (VII), and inserting ``, and'' at the end of such 
                subclause, and
            (3) by striking clauses (ii) and (iii) and inserting the 
        following:
                            ``(ii) any portion of the qualified 
                        investment of which is certified by the 
                        Secretary under subsection (d) as eligible for 
                        a credit under this section.''.
    (c) Conforming Amendment.--Subparagraph (A) of section 48C(c)(2) is 
amended to read as follows:
                    ``(A) which is necessary for the production of 
                property described in paragraph (1)(A)(i),''.
    (d) Denial of Double Benefit.--Section 48C(e), as redesignated by 
this section, is amended by striking ``48B, 48E, 45Q, or 45V'' and 
inserting ``or 48B''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2023.

SEC. 240. REPEAL OF ADVANCED MANUFACTURING PRODUCTION CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
is amended by striking section 45X (and by striking the item relating 
to such section in the table of sections for such subpart).
    (b) Conforming Amendment.--Section 38(b) is amended by striking 
paragraph (38).
    (c) Effective Date.--The amendments made by this section shall 
apply to components produced and sold after December 31, 2022.

SEC. 241. REPEAL OF CLEAN ELECTRICITY PRODUCTION CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
is amended by striking section 45Y (and by striking the item relating 
to such section in the table of sections for such subpart).
    (b) Conforming Amendment.--Section 38(b) is amended by striking 
paragraph (39).
    (c) Effective Date.--The amendments made by this section shall 
apply to facilities placed in service after December 31, 2024.

SEC. 242. REPEAL OF CLEAN ELECTRICITY INVESTMENT CREDIT.

    (a) In General.--Subpart E of part IV of subchapter A of chapter 1 
is amended by striking section 48E (and by striking the item relating 
to such section in the table of sections for such subpart).
    (b) Conforming Amendments.--
            (1) Section 46, as amended by Public Law 117-169, is 
        amended--
                    (A) in paragraph (5), by adding ``and'' at the end,
                    (B) in paragraph (6), by striking ``, and'' and 
                inserting a period, and
                    (C) by striking paragraph (7).
            (2) Section 49(a)(1)(C), as amended by Public Law 117-169, 
        is amended--
                    (A) by adding ``and'' at the end of clause (v),
                    (B) by striking the comma at the end of clause (vi) 
                and inserting a period, and
                    (C) by striking clauses (vii) and (viii).
            (3) Section 50(a)(2)(E), as amended by Public Law 117-169, 
        is amended by striking ``48D(b)(5), or 48E(e)'' and inserting 
        ``or 48D(b)(5)''.
            (4) Section 50(c)(3), as amended by Public Law 117-169, is 
        amended by striking ``or clean electricity investment credit''.
    (c) Effective Date.--The amendments made by this section shall 
apply to facilities and property placed in service after December 31, 
2024.

SEC. 243. COST RECOVERY FOR QUALIFIED FACILITIES, QUALIFIED PROPERTY, 
              AND ENERGY STORAGE TECHNOLOGY REMOVED.

    (a) In General.--Section 168(e)(3)(B), as amended by Public Law 
117-169, is amended--
            (1) in clause (vi)(III), by adding ``and'' at the end,
            (2) in clause (vii), by striking ``, and,'' at the end and 
        inserting a period, and
            (3) by striking clause (viii).
    (b) Effective Date.--The amendments made by this section shall 
apply to facilities and property placed in service after December 31, 
2024.

SEC. 244. REPEAL OF CLEAN FUEL PRODUCTION CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
is amended by striking section 45Z (and by striking the item relating 
to such section in the table of sections for such subpart).
    (b) Conforming Amendments.--
            (1) Section 30C(c)(1)(B), as amended by Public Law 117-169, 
        is amended by striking clause (iv).
            (2) Section 38(b), as amended by Public Law 117-169, is 
        amended by striking paragraph (40).
            (3) Section 4101(a)(1), as amended by Public Law 117-169, 
        is amended by striking ``every person producing a fuel eligible 
        for the clean fuel production credit (pursuant to section 
        45Z),''.
    (c) Effective Date.--The amendments made by this section shall 
apply to transportation fuel produced after December 31, 2024.

SEC. 245. REPEAL OF SECTIONS RELATING TO ELECTIVE PAYMENT FOR ENERGY 
              PROPERTY AND ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE 
              RESOURCES; TRANSFER OF CREDITS.

    (a) In General.--Subchapter B of chapter 65 is amended by striking 
sections 6417 and 6418 (and by striking the items relating to such 
sections in the table of sections for such subchapter).
    (b) Conforming Amendments.--
            (1) Section 50(d) is amended by striking ``In the case of a 
        real estate investment trust making an election under section 
        6418, paragraphs (1)(B) and (2)(B) of the section 46(e) 
        referred to in paragraph (1) of this subsection shall not apply 
        to any investment credit property of such real estate 
        investment trust to which such election applies''.
            (2) Section 39(a) is amended by striking paragraph (4).
            (3) Section 13801 of Public Law 117-169 is amended by 
        striking subsection (f).
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2022.

        TITLE IV--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION

SEC. 251. RESCISSION OF CERTAIN BALANCES MADE AVAILABLE TO THE INTERNAL 
              REVENUE SERVICE.

    The unobligated balances of amounts appropriated or otherwise made 
available for activities of the Internal Revenue Service by paragraphs 
(1)(A)(ii), (1)(A)(iii), (1)(B), (2), (3), (4), and (5) of section 
10301 of Public Law 117-169 (commonly known as the ``Inflation 
Reduction Act of 2022'') as of the date of the enactment of this Act 
are rescinded.

                      DIVISION C--GROW THE ECONOMY

            TITLE I--TEMPORARY ASSISTANCE TO NEEDY FAMILIES

SEC. 301. RECALIBRATION OF THE CASELOAD REDUCTION CREDIT.

    Section 407(b)(3) of the Social Security Act (42 U.S.C. 607(b)(3)) 
is amended in each of subparagraphs (A)(ii) and (B), by striking 
``2005'' and inserting ``2022''.

SEC. 302. ELIMINATING EXCESS MAINTENANCE OF EFFORT SPENDING IN 
              DETERMINING CASELOAD REDUCTION CREDIT.

    Section 407(b)(3) of the Social Security Act (42 U.S.C. 607(b)(3)) 
is amended by adding at the end the following:
                    ``(C) Exclusion of certain cases.--The Secretary 
                shall determine the minimum participation rate of a 
                State for a fiscal year under this subsection without 
                regard to cases that are funded by an amount expended 
                in excess of the applicable percentage of the historic 
                expenditures (as defined in section 409(a)(7)(B)(ii)) 
                of the State for the fiscal year.''.

SEC. 303. ELIMINATION OF SMALL CHECKS SCHEME.

    Section 407(b) of the Social Security Act (42 U.S.C. 607(b)) is 
amended by adding at the end the following:
            ``(6) Special rule regarding calculation of the minimum 
        participation rate.--The Secretary shall determine 
        participation rates under this section without regard to any 
        individual engaged in work who is described in section 
        408(a)(2), who is not in compliance with section 408(a)(3), or 
        with respect to whom the assessment required by section 
        408(b)(1) has not been made.''.

SEC. 304. REPORTING OF WORK OUTCOMES.

    Section 411 of the Social Security Act (42 U.S.C. 611) is amended 
by adding at the end the following:
    ``(e) Reporting Performance Indicators.--
            ``(1) In general.--Each Sate, in consultation with the 
        Secretary, shall collect and submit to the Secretary the 
        information necessary for each indicator described in paragraph 
        (2), for fiscal year 2025 and each fiscal year thereafter.
            ``(2) Indicators of performance.--The indicators described 
        in this paragraph for a fiscal year are the following:
                    ``(A) The percentage of individuals who were work-
                eligible individuals as of the time of exit from the 
                program, who are in unsubsidized employment during the 
                second quarter after the exit.
                    ``(B) The percentage of individuals who were work-
                eligible individuals who were in unsubsidized 
                employment in the second quarter after the exit, who 
                are also in unsubsidized employment during the fourth 
                quarter after the exit.
                    ``(C) The median earnings of individuals who were 
                work-eligible individuals as of the time of exit from 
                the program, who are in unsubsidized employment during 
                the second quarter after the exit.
                    ``(D) The percentage of individuals who have not 
                attained 24 years of age, are attending high school or 
                enrolled in an equivalency program, and are work-
                eligible individuals or were work-eligible individuals 
                as of the time of exit from the program, who obtain a 
                high school degree or its recognized equivalent while 
                receiving assistance under the State program funded 
                under this part or within 1 year after the exit.
            ``(3) Definition of exit.--In paragraph (2), the term 
        `exit' means, with respect to a State program funded under this 
        part, ceases to receive assistance under the program funded by 
        this part.
            ``(4) Regulations.--In order to ensure nationwide 
        comparability of data, the Secretary, after consultation with 
        the Secretary of Labor and with States, shall issue regulations 
        governing the reporting of performance indicators under this 
        subsection.''.

SEC. 305. EFFECTIVE DATE.

    The amendments made by this title shall take effect on October 1, 
2025.

                       TITLE II--SNAP EXEMPTIONS

SEC. 311. AGE-RELATED EXEMPTION FROM WORK REQUIREMENT TO RECEIVE SNAP.

    Section 6(o)(3)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2015(6)(o)(3)(A)) is amended by striking ``50'' and inserting ``56''.

SEC. 312. RULE OF CONSTRUCTION FOR EXEMPTION ADJUSTMENT.

    Section 6(o)(6) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2015(6)(o)(6)) is amended by adding at end the following:
                    ``(I) Rule of construction for exemption 
                adjustment.--During fiscal year 2025 and each 
                subsequent fiscal year, nothing in this paragraph shall 
                be interpreted to allow a State agency to accumulate 
                unused exemptions to be provided beyond the subsequent 
                fiscal year.''.

 TITLE III--COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE INDIVIDUALS

SECTION 321. COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE 
              INDIVIDUALS.

    (a) In General.--Section 1903(i) of the Social Security Act (42 
U.S.C. 1396b(i)) is amended--
            (1) in paragraph (26), by striking ``; or'' and inserting a 
        semicolon;
            (2) in paragraph (27), by striking the period at the end 
        and inserting ``; or'';
            (3) by inserting after paragraph (27) the following new 
        paragraph:
            ``(28) with respect to any amount expended for medical 
        assistance for an applicable individual for a month in a 
        calendar year if such individual did not meet the community 
        engagement requirement under section 1905(jj) for 3 or more 
        preceding months during such calendar year while such 
        individual was an applicable individual and was enrolled in a 
        State plan (or waiver of such plan) under this title.''; and
            (4) in the flush left matter at the end, by striking ``and 
        (18),'' and inserting ``(18), and (28)''.
    (b) Community Engagement Requirement.--Section 1905 of the Social 
Security Act (42 U.S.C. 1396d) is amended by adding at the end the 
following new subsection:
    ``(jj) Community Engagement Requirement for Applicable 
Individuals.--
            ``(1) Community engagement requirement described.--For 
        purposes of section 1903(i)(28), the community engagement 
        requirement described in this subsection with respect to an 
        applicable individual and a month is that such individual 
        satisfies at least one of the following with respect to such 
        month:
                    ``(A) The individual works 80 hours or more per 
                month, or has a monthly income that is at least equal 
                to the Federal minimum wage under section 6 of the Fair 
                Labor Standards Act of 1938, multiplied by 80 hours.
                    ``(B) The individual completes 80 hours or more of 
                community service per month.
                    ``(C) The individual participates in a work program 
                for at least 80 hours per month.
                    ``(D) The individual participates in a combination 
                of work, including community service, and a work 
                program for a total of at least 80 hours per month.
            ``(2) Verification.--For purposes of verifying the 
        compliance of an applicable individual with the community 
        engagement requirement under paragraph (1), a State Medicaid 
        agency shall, whenever possible, prioritize the utilization of 
        existing databases or other verification measures, including 
        the National Change of Address Database Maintained by the 
        United States Postal Service, State health and human services 
        agencies, payroll databases, or other reliable sources of 
        information, prior to seeking additional verification from such 
        individual.
            ``(3) Definitions.--In this subsection:
                    ``(A) Applicable individual.--The term `applicable 
                individual' means any individual who is not--
                            ``(i) under 19 years of age or age 56 or 
                        older;
                            ``(ii) physically or mentally unfit for 
                        employment, as determined by a physician or 
                        other medical professional;
                            ``(iii) pregnant;
                            ``(iv) the parent or caretaker of a 
                        dependent child;
                            ``(v) the parent or caretaker of an 
                        incapacitated person;
                            ``(vi) complying with work requirements 
                        under a different program under Federal law;
                            ``(vii) participating in a drug or alcohol 
                        treatment and rehabilitation program (as 
                        defined in section 3(h) of the Food and 
                        Nutrition Act of 2008); or
                            ``(viii) enrolled in an educational program 
                        at least half time.
                    ``(B) Educational program.--The term `educational 
                program' means--
                            ``(i) an institution of higher education 
                        (as defined in section 101(a) of the Higher 
                        Education Act of 1965);
                            ``(ii) a program of career and technical 
                        education (as defined in section 3 of the Carl 
                        D. Perkins Career and Technical Education Act 
                        of 2006); or
                            ``(iii) any other educational program 
                        approved by the Secretary.
                    ``(C) State medicaid agency.--The term `State 
                Medicaid agency' means the State agency responsible for 
                administering the State Medicaid plan.
                    ``(D) Work program.--The term `work program' has 
                the meaning given such term in section 6(o)(1) of the 
                Food and Nutrition Act of 2008.''.
    (c) State Option To Disenroll Certain Individuals.--Section 1902(a) 
of the Social Security Act (42 U.S.C. 1396a(a)) is amended by adding at 
the end of the flush left text following paragraph (87) the following: 
``Notwithstanding any of the preceding provisions of this subsection, 
at the option of a State, such State may elect to disenroll an 
applicable individual for a month if, with respect to medical 
assistance furnished to such individual for such month, no Federal 
financial participation would be available, pursuant to section 
1903(i)(28).''.

      TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY

SEC. 331. SHORT TITLE.

    This title may be cited as the ``Regulations from the Executive in 
Need of Scrutiny Act of 2023''.

SEC. 332. PURPOSE.

    The purpose of this title is to increase accountability for and 
transparency in the Federal regulatory process. Section 1 of article I 
of the United States Constitution grants all legislative powers to 
Congress. Over time, Congress has excessively delegated its 
constitutional charge while failing to conduct appropriate oversight 
and retain accountability for the content of the laws it passes. By 
requiring a vote in Congress, the REINS Act will result in more 
carefully drafted and detailed legislation, an improved regulatory 
process, and a legislative branch that is truly accountable to the 
American people for the laws imposed upon them.

SEC. 333. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

    Chapter 8 of title 5, United States Code, is amended to read as 
follows:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.
``Sec. 801. Congressional review
    ``(a)(1)(A) Before a rule may take effect, the Federal agency 
promulgating such rule shall publish in the Federal Register a list of 
information on which the rule is based, including data, scientific and 
economic studies, and cost-benefit analyses, and identify how the 
public can access such information online, and shall submit to each 
House of the Congress and to the Comptroller General a report 
containing--
            ``(i) a copy of the rule;
            ``(ii) a concise general statement relating to the rule;
            ``(iii) a classification of the rule as a major or nonmajor 
        rule, including an explanation of the classification 
        specifically addressing each criteria for a major rule 
        contained within subparagraphs (A) through (C) of section 
        804(2);
            ``(iv) a list of any other related regulatory actions 
        intended to implement the same statutory provision or 
        regulatory objective as well as the individual and aggregate 
        economic effects of those actions; and
            ``(v) the proposed effective date of the rule.
    ``(B) On the date of the submission of the report under 
subparagraph (A), the Federal agency promulgating the rule shall submit 
to the Comptroller General and make available to each House of 
Congress--
            ``(i) a complete copy of the cost-benefit analysis of the 
        rule, if any, including an analysis of any jobs added or lost, 
        differentiating between public and private sector jobs;
            ``(ii) the agency's actions pursuant to sections 603, 604, 
        605, 607, and 609 of this title;
            ``(iii) the agency's actions pursuant to sections 202, 203, 
        204, and 205 of the Unfunded Mandates Reform Act of 1995; and
            ``(iv) any other relevant information or requirements under 
        any other Act and any relevant Executive orders.
    ``(C) Upon receipt of a report submitted under subparagraph (A), 
each House shall provide copies of the report to the chairman and 
ranking member of each standing committee with jurisdiction under the 
rules of the House of Representatives or the Senate to report a bill to 
amend the provision of law under which the rule is issued.
    ``(2)(A) The Comptroller General shall provide a report on each 
major rule to the committees of jurisdiction by the end of 15 calendar 
days after the submission or publication date. The report of the 
Comptroller General shall include an assessment of the agency's 
compliance with procedural steps required by paragraph (1)(B) and an 
assessment of whether the major rule imposes any new limits or mandates 
on private-sector activity.
    ``(B) Federal agencies shall cooperate with the Comptroller General 
by providing information relevant to the Comptroller General's report 
under subparagraph (A).
    ``(3) A major rule relating to a report submitted under paragraph 
(1) shall take effect upon enactment of a joint resolution of approval 
described in section 802 or as provided for in the rule following 
enactment of a joint resolution of approval described in section 802, 
whichever is later.
    ``(4) A nonmajor rule shall take effect as provided by section 803 
after submission to Congress under paragraph (1).
    ``(5) If a joint resolution of approval relating to a major rule is 
not enacted within the period provided in subsection (b)(2), then a 
joint resolution of approval relating to the same rule may not be 
considered under this chapter in the same Congress by either the House 
of Representatives or the Senate.
    ``(b)(1) A major rule shall not take effect unless the Congress 
enacts a joint resolution of approval described under section 802.
    ``(2) If a joint resolution described in subsection (a) is not 
enacted into law by the end of 70 session days or legislative days, as 
applicable, beginning on the date on which the report referred to in 
subsection (a)(1)(A) is received by Congress (excluding days either 
House of Congress is adjourned for more than 3 days during a session of 
Congress), then the rule described in that resolution shall be deemed 
not to be approved and such rule shall not take effect.
    ``(c)(1) Notwithstanding any other provision of this section 
(except subject to paragraph (3)), a major rule may take effect for one 
90-calendar-day period if the President makes a determination under 
paragraph (2) and submits written notice of such determination to the 
Congress.
    ``(2) Paragraph (1) applies to a determination made by the 
President by Executive order that the major rule should take effect 
because such rule is--
            ``(A) necessary because of an imminent threat to health or 
        safety or other emergency;
            ``(B) necessary for the enforcement of criminal laws;
            ``(C) necessary for national security; or
            ``(D) issued pursuant to any statute implementing an 
        international trade agreement.
    ``(3) An exercise by the President of the authority under this 
subsection shall have no effect on the procedures under section 802.
    ``(d)(1) In addition to the opportunity for review otherwise 
provided under this chapter, in the case of any rule for which a report 
was submitted in accordance with subsection (a)(1)(A) during the period 
beginning on the date occurring--
            ``(A) in the case of the Senate, 60 session days; or
            ``(B) in the case of the House of Representatives, 60 
        legislative days,
before the date the Congress is scheduled to adjourn a session of 
Congress through the date on which the same or succeeding Congress 
first convenes its next session, sections 802 and 803 shall apply to 
such rule in the succeeding session of Congress.
    ``(2)(A) In applying sections 802 and 803 for purposes of such 
additional review, a rule described under paragraph (1) shall be 
treated as though--
            ``(i) such rule were published in the Federal Register on--
                    ``(I) in the case of the Senate, the 15th session 
                day; or
                    ``(II) in the case of the House of Representatives, 
                the 15th legislative day,
        after the succeeding session of Congress first convenes; and
            ``(ii) a report on such rule were submitted to Congress 
        under subsection (a)(1) on such date.
    ``(B) Nothing in this paragraph shall be construed to affect the 
requirement under subsection (a)(1) that a report shall be submitted to 
Congress before a rule can take effect.
    ``(3) A rule described under paragraph (1) shall take effect as 
otherwise provided by law (including other subsections of this 
section).
``Sec. 802. Congressional approval procedure for major rules
    ``(a)(1) For purposes of this section, the term `joint resolution' 
means only a joint resolution addressing a report classifying a rule as 
major pursuant to section 801(a)(1)(A)(iii) that--
            ``(A) bears no preamble;
            ``(B) bears the following title (with blanks filled as 
        appropriate): `Approving the rule submitted by ___ relating to 
        ___.';
            ``(C) includes after its resolving clause only the 
        following (with blanks filled as appropriate): `That Congress 
        approves the rule submitted by ___ relating to ___.'; and
            ``(D) is introduced pursuant to paragraph (2).
    ``(2) After a House of Congress receives a report classifying a 
rule as major pursuant to section 801(a)(1)(A)(iii), the majority 
leader of that House (or his or her respective designee) shall 
introduce (by request, if appropriate) a joint resolution described in 
paragraph (1)--
            ``(A) in the case of the House of Representatives, within 3 
        legislative days; and
            ``(B) in the case of the Senate, within 3 session days.
    ``(3) A joint resolution described in paragraph (1) shall not be 
subject to amendment at any stage of proceeding.
    ``(b) A joint resolution described in subsection (a) shall be 
referred in each House of Congress to the committees having 
jurisdiction over the provision of law under which the rule is issued.
    ``(c) In the Senate, if the committee or committees to which a 
joint resolution described in subsection (a) has been referred have not 
reported it at the end of 15 session days after its introduction, such 
committee or committees shall be automatically discharged from further 
consideration of the resolution and it shall be placed on the calendar. 
A vote on final passage of the resolution shall be taken on or before 
the close of the 15th session day after the resolution is reported by 
the committee or committees to which it was referred, or after such 
committee or committees have been discharged from further consideration 
of the resolution.
    ``(d)(1) In the Senate, when the committee or committees to which a 
joint resolution is referred have reported, or when a committee or 
committees are discharged (under subsection (c)) from further 
consideration of a joint resolution described in subsection (a), it is 
at any time thereafter in order (even though a previous motion to the 
same effect has been disagreed to) for a motion to proceed to the 
consideration of the joint resolution, and all points of order against 
the joint resolution (and against consideration of the joint 
resolution) are waived. The motion is not subject to amendment, or to a 
motion to postpone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which the motion is 
agreed to or disagreed to shall not be in order. If a motion to proceed 
to the consideration of the joint resolution is agreed to, the joint 
resolution shall remain the unfinished business of the Senate until 
disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 2 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e) In the House of Representatives, if any committee to which a 
joint resolution described in subsection (a) has been referred has not 
reported it to the House at the end of 15 legislative days after its 
introduction, such committee shall be discharged from further 
consideration of the joint resolution, and it shall be placed on the 
appropriate calendar. On the second and fourth Thursdays of each month 
it shall be in order at any time for the Speaker to recognize a Member 
who favors passage of a joint resolution that has appeared on the 
calendar for at least 5 legislative days to call up that joint 
resolution for immediate consideration in the House without 
intervention of any point of order. When so called up a joint 
resolution shall be considered as read and shall be debatable for 1 
hour equally divided and controlled by the proponent and an opponent, 
and the previous question shall be considered as ordered to its passage 
without intervening motion. It shall not be in order to reconsider the 
vote on passage. If a vote on final passage of the joint resolution has 
not been taken by the third Thursday on which the Speaker may recognize 
a Member under this subsection, such vote shall be taken on that day.
    ``(f)(1) If, before passing a joint resolution described in 
subsection (a), one House receives from the other a joint resolution 
having the same text, then--
            ``(A) the joint resolution of the other House shall not be 
        referred to a committee; and
            ``(B) the procedure in the receiving House shall be the 
        same as if no joint resolution had been received from the other 
        House until the vote on passage, when the joint resolution 
        received from the other House shall supplant the joint 
        resolution of the receiving House.
    ``(2) This subsection shall not apply to the House of 
Representatives if the joint resolution received from the Senate is a 
revenue measure.
    ``(g) If either House has not taken a vote on final passage of the 
joint resolution by the last day of the period described in section 
801(b)(2), then such vote shall be taken on that day.
    ``(h) This section and section 803 are enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such are 
        deemed to be part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution described in 
        subsection (a) and superseding other rules only where 
        explicitly so; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as they relate to the 
        procedure of that House) at any time, in the same manner and to 
        the same extent as in the case of any other rule of that House.
``Sec. 803. Congressional disapproval procedure for nonmajor rules
    ``(a) For purposes of this section, the term `joint resolution' 
means only a joint resolution introduced in the period beginning on the 
date on which the report referred to in section 801(a)(1)(A) is 
received by Congress and ending 60 days thereafter (excluding days 
either House of Congress is adjourned for more than 3 days during a 
session of Congress), the matter after the resolving clause of which is 
as follows: `That Congress disapproves the nonmajor rule submitted by 
the ___ relating to ___, and such rule shall have no force or effect.' 
(The blank spaces being appropriately filled in).
    ``(b) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of Congress with jurisdiction.
    ``(c) In the Senate, if the committee to which is referred a joint 
resolution described in subsection (a) has not reported such joint 
resolution (or an identical joint resolution) at the end of 15 session 
days after the date of introduction of the joint resolution, such 
committee may be discharged from further consideration of such joint 
resolution upon a petition supported in writing by 30 Members of the 
Senate, and such joint resolution shall be placed on the calendar.
    ``(d)(1) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee is discharged 
(under subsection (c)) from further consideration of a joint resolution 
described in subsection (a), it is at any time thereafter in order 
(even though a previous motion to the same effect has been disagreed 
to) for a motion to proceed to the consideration of the joint 
resolution, and all points of order against the joint resolution (and 
against consideration of the joint resolution) are waived. The motion 
is not subject to amendment, or to a motion to postpone, or to a motion 
to proceed to the consideration of other business. A motion to 
reconsider the vote by which the motion is agreed to or disagreed to 
shall not be in order. If a motion to proceed to the consideration of 
the joint resolution is agreed to, the joint resolution shall remain 
the unfinished business of the Senate until disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 10 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e) In the Senate, the procedure specified in subsection (c) or 
(d) shall not apply to the consideration of a joint resolution 
respecting a nonmajor rule--
            ``(1) after the expiration of the 60 session days beginning 
        with the applicable submission or publication date; or
            ``(2) if the report under section 801(a)(1)(A) was 
        submitted during the period referred to in section 801(d)(1), 
        after the expiration of the 60 session days beginning on the 
        15th session day after the succeeding session of Congress first 
        convenes.
    ``(f) If, before the passage by one House of a joint resolution of 
that House described in subsection (a), that House receives from the 
other House a joint resolution described in subsection (a), then the 
following procedures shall apply:
            ``(1) The joint resolution of the other House shall not be 
        referred to a committee.
            ``(2) With respect to a joint resolution described in 
        subsection (a) of the House receiving the joint resolution--
                    ``(A) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    ``(B) the vote on final passage shall be on the 
                joint resolution of the other House.
``Sec. 804. Definitions
    ``For purposes of this chapter:
            ``(1) The term `Federal agency' means any agency as that 
        term is defined in section 551(1).
            ``(2) The term `major rule' means any rule, including an 
        interim final rule, that the Administrator of the Office of 
        Information and Regulatory Affairs of the Office of Management 
        and Budget finds has resulted in or is likely to result in--
                    ``(A) an annual effect on the economy of $100 
                million or more;
                    ``(B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, or 
                local government agencies, or geographic regions; or
                    ``(C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, or 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets.
            ``(3) The term `nonmajor rule' means any rule that is not a 
        major rule.
            ``(4) The term `rule' has the meaning given such term in 
        section 551, except that such term does not include--
                    ``(A) any rule of particular applicability, 
                including a rule that approves or prescribes for the 
                future rates, wages, prices, services, or allowances 
                therefore, corporate or financial structures, 
                reorganizations, mergers, or acquisitions thereof, or 
                accounting practices or disclosures bearing on any of 
                the foregoing;
                    ``(B) any rule relating to agency management or 
                personnel; or
                    ``(C) any rule of agency organization, procedure, 
                or practice that does not substantially affect the 
                rights or obligations of non-agency parties.
            ``(5) The term `submission or publication date', except as 
        otherwise provided in this chapter, means--
                    ``(A) in the case of a major rule, the date on 
                which the Congress receives the report submitted under 
                section 801(a)(1); and
                    ``(B) in the case of a nonmajor rule, the later 
                of--
                            ``(i) the date on which the Congress 
                        receives the report submitted under section 
                        801(a)(1); and
                            ``(ii) the date on which the nonmajor rule 
                        is published in the Federal Register, if so 
                        published.
``Sec. 805. Judicial review
    ``(a) No determination, finding, action, or omission under this 
chapter shall be subject to judicial review.
    ``(b) Notwithstanding subsection (a), a court may determine whether 
a Federal agency has completed the necessary requirements under this 
chapter for a rule to take effect.
    ``(c) The enactment of a joint resolution of approval under section 
802 shall not be interpreted to serve as a grant or modification of 
statutory authority by Congress for the promulgation of a rule, shall 
not extinguish or affect any claim, whether substantive or procedural, 
against any alleged defect in a rule, and shall not form part of the 
record before the court in any judicial proceeding concerning a rule 
except for purposes of determining whether or not the rule is in 
effect.
``Sec. 806. Exemption for monetary policy
    ``Nothing in this chapter shall apply to rules that concern 
monetary policy proposed or implemented by the Board of Governors of 
the Federal Reserve System or the Federal Open Market Committee.
``Sec. 807. Effective date of certain rules
    ``Notwithstanding section 801--
            ``(1) any rule that establishes, modifies, opens, closes, 
        or conducts a regulatory program for a commercial, 
        recreational, or subsistence activity related to hunting, 
        fishing, or camping; or
            ``(2) any rule other than a major rule which an agency for 
        good cause finds (and incorporates the finding and a brief 
        statement of reasons therefore in the rule issued) that notice 
        and public procedure thereon are impracticable, unnecessary, or 
        contrary to the public interest,
shall take effect at such time as the Federal agency promulgating the 
rule determines.''.

SEC. 334. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 OF TITLE 5, 
              UNITED STATES CODE.

    Section 257(b)(2) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 907(b)(2)) is amended by adding at the 
end the following new subparagraph:
                    ``(E) Budgetary effects of rules subject to section 
                802 of title 5, united states code.--Any rule subject 
                to the congressional approval procedure set forth in 
                section 802 of chapter 8 of title 5, United States 
                Code, affecting budget authority, outlays, or receipts 
                shall be assumed to be effective unless it is not 
                approved in accordance with such section.''.

SEC. 335. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study to determine, as of the date of the enactment of this 
section--
            (1) how many rules (as such term is defined in section 804 
        of title 5, United States Code) were in effect;
            (2) how many major rules (as such term is defined in 
        section 804 of title 5, United States Code) were in effect; and
            (3) the total estimated economic cost imposed by all such 
        rules.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this section, the Comptroller General of the United States shall 
submit a report to Congress that contains the findings of the study 
conducted under subsection (a).

             DIVISION D--H.R. 1, THE LOWER ENERGY COSTS ACT

       TITLE I--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS, 
            INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING

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) Report.--Not later than 1 year after the date of 
        enactment of this title, and annually thereafter, the Secretary 
        of Energy shall submit to Congress a report containing--
                    (A) the results of the ongoing assessments 
                conducted under paragraph (1)(A);
                    (B) a description of any actions taken pursuant to 
                the Department of Energy Organization Act to mitigate 
                potential effects of critical energy resource supply 
                chain disruptions on energy technologies or the 
                operation of energy systems; and
                    (C) any recommendations relating to strengthening 
                critical energy resource supply chains that are 
                essential to the energy security of the United States.
            (3) 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 section;
                    (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 section, until the earlier of--
                            (i) the date on which such application is 
                        denied; or
                            (ii) two years after the date of enactment 
                        of this section, 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 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 section;
            (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 No. 13337 (3 U.S.C. 301 note), Executive Order No. 
11423 (3 U.S.C. 301 note), Executive Order No. 12038 (43 Fed. Reg. 
4957), Executive Order No. 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 
        section.
            (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 section, 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 section, 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 of 
        the Federal Power Act (16 U.S.C. 824o).
            (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 No. 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. 4318(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. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE DENIAL OF 
              JORDAN COVE PERMITS.

    (a) Findings.--Congress finds the following:
            (1) On March 19, 2020, the Federal Energy Regulatory 
        Commission granted two Federal permits to Jordan Cove Energy 
        Project, L.P., to site, construct, and operate a new liquefied 
        natural gas export terminal in Coos County, Oregon.
            (2) On the same day, the Federal Energy Regulatory 
        Commission issued a certificate of public convenience and 
        necessity to Pacific Connector Gas Pipeline, L.P., to construct 
        and operate the proposed Pacific Connector Pipeline in the 
        counties of Klamath, Jackson, Douglas, and Coos of Oregon.
            (3) The State of Oregon denied the permits and the 
        certificate necessary for these projects.
    (b) Sense of Congress.--It is the sense of Congress that Congress 
disapproves of the denial of these permits by the State of Oregon.

SEC. 10009. 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 or a certificate of 
        public convenience and necessity under section 7 of such Act.
    (b) Commission NEPA Review Responsibilities.--In acting as the lead 
agency under section 15(b)(1) of the Natural Gas Act 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 or a certificate of public convenience and 
necessity under section 7 of such Act, 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 or a certificate 
of public convenience and necessity under section 7 of such Act, 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 or 
        a certificate of public convenience and necessity under section 
        7 of such Act, 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 or a certificate 
                of public convenience and necessity under section 7 of 
                such Act, 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 or a 
        certificate of public convenience and necessity under section 7 
        of such Act, 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 or a certificate of public convenience and 
        necessity under section 7 of such Act 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 or a certificate 
                of public convenience and necessity under section 7 of 
                such Act 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 or a certificate of public 
                convenience and necessity under section 7 of such Act--
                            (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), 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 or a 
        certificate of public convenience and necessity under section 7 
        of such Act 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.
            (4) Commission consideration of conditions.--The Commission 
        may include a term or condition in an authorization under 
        section 3 of the Natural Gas Act or a certificate of public 
        convenience and necessity under section 7 of such Act 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.
    (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 or a 
        certificate of public convenience and necessity under section 7 
        of such Act set by the Commission under section 15(c)(1) of 
        such Act 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 or a certificate of public convenience and 
                necessity under section 7 of such Act 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; 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 or a certificate of public convenience 
                and necessity under section 7 of such Act, 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;
                            (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, 
                        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; 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, 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 or a 
certificate of public convenience and necessity under section 7 of such 
Act 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.
            (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 or a certificate 
of public convenience and necessity under section 7 of such Act, the 
Federal Energy Regulatory 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.
    (j) Withdrawal of Policy Statements.--The Federal Energy Regulatory 
Commission shall withdraw--
            (1) the updated policy statement titled ``Certification of 
        New Interstate Natural Gas Facilities'' published in the 
        Federal Register on March 1, 2022 (87 Fed. Reg. 11548); and
            (2) the interim policy statement titled ``Consideration of 
        Greenhouse Gas Emissions in Natural Gas Infrastructure Project 
        Reviews'' published in the Federal Register on March 11, 2022 
        (87 Fed. Reg. 14104).

SEC. 10010. 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. 10011. 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 titled ``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. 10012. 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 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.--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 is amended by inserting after the item 
        relating to section 3024 the following:

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

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. 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. 10016. 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. 10017. 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)),''.

SEC. 10018. STUDY.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Energy, in consultation with the Nuclear Regulatory 
Commission, shall conduct a study on how to streamline regulatory 
timelines relating to developing new power plants by examining 
practices relating to various power generating sources, including 
fossil and nuclear generating sources.

SEC. 10019. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.

    (a) Amendments.--Section 1422(b) of the Safe Drinking Water Act (42 
U.S.C. 300h-1(b)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``Within ninety days'' and 
                inserting ``(A) Within ninety days'';
                    (B) by striking ``and after reasonable opportunity 
                for presentation of views''; and
                    (C) by adding at the end the following:
    ``(B) If, after 270 calendar days of a State's application being 
submitted under paragraph (1)(A) or notice being submitted under 
paragraph (1)(B), the Administrator has not, pursuant to subparagraph 
(A), by rule approved, disapproved, or approved in part and disapproved 
in part the State's underground injection control program--
            ``(i) the Administrator shall transmit, in writing, to the 
        State a detailed explanation as to the status of the 
        application or notice; and
            ``(ii) the State's underground injection control program 
        shall be deemed approved under this section if--
                    ``(I) the Administrator has not after another 30 
                days, pursuant to subparagraph (A), by rule approved, 
                disapproved, or approved in part and disapproved in 
                part the State's underground injection control program; 
                and
                    ``(II) the State has established and implemented an 
                effective program (including adequate recordkeeping and 
                reporting) to prevent underground injection which 
                endangers drinking water sources.'';
            (2) by amending paragraph (4) to read as follows:
    ``(4) Before promulgating any rule under paragraph (2) or (3) of 
this subsection, the Administrator shall--
            ``(A) provide a reasonable opportunity for presentation of 
        views with respect to such rule, including a public hearing and 
        a public comment period; and
            ``(B) publish in the Federal Register notice of the 
        reasonable opportunity for presentation of views provided under 
        subparagraph (A).''; and
            (3) by adding at the end the following:
    ``(5) Preapplication Activities.--The Administrator shall work as 
expeditiously as possible with States to complete any necessary 
activities relevant to the submission of an application under paragraph 
(1)(A) or notice under paragraph (1)(B), taking into consideration the 
need for a complete and detailed submission.
    ``(6) Application Coordination for Class VI Wells.--With respect to 
the underground injection control program for Class VI wells (as 
defined in section 40306(a) of the Infrastructure Investment and Jobs 
Act (42 U.S.C. 300h-9(a))), the Administrator shall designate one 
individual at the Agency from each regional office to be responsible 
for coordinating--
            ``(A) the completion of any necessary activities prior to 
        the submission of an application under paragraph (1)(A) or 
        notice under paragraph (1)(B), in accordance with paragraph 
        (5);
            ``(B) the review of an application submitted under 
        paragraph (1)(A) or notice submitted under paragraph (1)(B);
            ``(C) any reasonable opportunity for presentation of views 
        provided under paragraph (4)(A) and any notice published under 
        paragraph (4)(B); and
            ``(D) pursuant to the recommendations included in the 
        report required under paragraph (7), the hiring of additional 
        staff to carry out subparagraphs (A) through (C).
    ``(7) Evaluation of Resources.--
            ``(A) In general.--Not later than 90 days after the date of 
        enactment of this paragraph, the individual designated under 
        paragraph (6) shall transmit to the appropriate Congressional 
        committees a report, including recommendations, regarding the--
                    ``(i) availability of staff and resources to 
                promptly carry out the requirements of paragraph (6); 
                and
                    ``(ii) additional funding amounts needed to do so.
            ``(B) Appropriate congressional committees defined.--In 
        this paragraph, the term `appropriate Congressional Committees' 
        means--
                    ``(i) in the Senate--
                            ``(I) the Committee on Environment and 
                        Public Works; and
                            ``(II) the Committee on Appropriations; and
                    ``(ii) in the House of Representatives--
                            ``(I) the Committee on Energy and Commerce; 
                        and
                            ``(II) the Committee on Appropriations.''.
    (b) Funding.--In each of fiscal years 2023 through 2026, amounts 
made available by title VI of division J of the Infrastructure 
Investment and Jobs Act under paragraph (7) of the heading 
``Environmental Protection Agency--State and Tribal Assistance Grants'' 
(Public Law 117-58; 135 Stat. 1402) may also be made available, subject 
to appropriations, to carry out paragraphs (5), (6), and (7) of section 
1422(b) of the Safe Drinking Water Act, as added by this section.
    (c) Rule of Construction.--The amendments made by this section 
shall--
            (1) apply to all applications submitted to the 
        Environmental Protection Agency after the date of enactment of 
        this Act to establish an underground injection control program 
        under section 1422(b) of the Safe Drinking Water Act (42 U.S.C. 
        300h-1); and
            (2) with respect to such applications submitted prior to 
        the date of enactment of this Act, the 270 and 300 day 
        deadlines under section 1422(b)(2)(B) of the Safe Drinking 
        Water Act, as added by this section, shall begin on the date of 
        enactment of this Act.

SEC. 10020. USE OF INDEX-BASED PRICING IN ACQUISITION OF PETROLEUM 
              PRODUCTS FOR THE SPR.

    Section 160(c) of the Energy Policy and Conservation Act (42 U.S.C. 
6240(c)) is amended--
            (1) by redesignating paragraphs (1) through (6) as clauses 
        (i) through (vi), respectively (and adjusting the margins 
        accordingly);
            (2) by striking ``The Secretary shall'' and inserting the 
        following:
            ``(1) In general.--The Secretary shall''; and
            (3) by striking ``Such procedures shall take into account 
        the need to--'' and inserting the following:
            ``(2) Inclusions.--Procedures developed under this 
        subsection shall--
                    ``(A) require acquisition of petroleum products 
                using index-based pricing; and
                    ``(B) take into account the need to--''.

SEC. 10021. PROHIBITION ON CERTAIN EXPORTS.

    (a) In General.--The Energy Policy and Conservation Act is amended 
by inserting after section 163 (42 U.S.C. 6243) the following:

``SEC. 164. PROHIBITION ON CERTAIN EXPORTS.

    ``(a) In General.--The Secretary shall prohibit the export or sale 
of petroleum products drawn down from the Strategic Petroleum Reserve, 
under any provision of law, to--
            ``(1) the People's Republic of China;
            ``(2) the Democratic People's Republic of Korea;
            ``(3) the Russian Federation;
            ``(4) the Islamic Republic of Iran;
            ``(5) any other country the government of which is subject 
        to sanctions imposed by the United States; and
            ``(6) any entity owned, controlled, or influenced by--
                    ``(A) a country referred to in any of paragraphs 
                (1) through (5); or
                    ``(B) the Chinese Communist Party.
    ``(b) Waiver.--The Secretary may issue a waiver of the prohibition 
described in subsection (a) if the Secretary certifies that any export 
or sale authorized pursuant to the waiver is in the national security 
interests of the United States.
    ``(c) Rule.--Not later than 60 days after the date of enactment of 
the Lower Energy Costs Act, the Secretary shall issue a rule to carry 
out this section.''.
    (b) Conforming Amendments.--
            (1) Drawdown and sale of petroleum products.--Section 
        161(a) of the Energy Policy and Conservation Act (42 U.S.C. 
        6241(a)) is amended by inserting ``and section 164'' before the 
        period at the end.
            (2) Clerical amendment.--The table of contents for the 
        Energy Policy and Conservation Act is amended by inserting 
        after the item relating to section 163 the following:

``Sec. 164. Prohibition on certain exports.''.

SEC. 10022. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE PROPOSED 
              TAX HIKES ON THE OIL AND NATURAL GAS INDUSTRY IN THE 
              PRESIDENT'S FISCAL YEAR 2024 BUDGET REQUEST.

    (a) Finding.--Congress finds that President Biden's fiscal year 
2024 budget request proposes to repeal tax provisions that are vital to 
the oil and natural gas industry of the United States, resulting in a 
$31,000,000,000 tax hike on oil and natural gas producers in the United 
States.
    (b) Sense of Congress.--It is the sense of Congress that Congress 
disapproves of the proposed tax hike on the oil and natural gas 
industry in the President's fiscal year 2024 budget request.

SEC. 10023. DOMESTIC ENERGY INDEPENDENCE REPORT.

    Not later than 120 days after the date of enactment of this Act, 
the Administrator of the Environmental Protection Agency, in 
consultation with the Secretary of Energy, shall submit to Congress a 
report that identifies and assesses regulations promulgated by the 
Administrator during the 15-year period preceding the date of enactment 
of this Act that have--
            (1) reduced the energy independence of the United States;
            (2) increased the regulatory burden for energy producers in 
        the United States;
            (3) decreased the energy output by such energy producers;
            (4) reduced the energy security of the United States; or
            (5) increased energy costs for consumers in the United 
        States.

SEC. 10024. GAO STUDY.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall conduct a study on how 
banning natural gas appliances will affect the rates and charges for 
electricity.

SEC. 10025. GAS KITCHEN RANGES AND OVENS.

    The Secretary of Energy may not finalize, implement, administer, or 
enforce the proposed rule titled ``Energy Conservation Program: Energy 
Conservation Standards for Consumer Conventional Cooking Products; 
Supplemental notice of proposed rulemaking and announcement of public 
meeting'' (88 Fed. Reg. 6818; published February 1, 2023) with respect 
to energy conservation standards for gas kitchen ranges and ovens, or 
any substantially similar rule, including any rule that would directly 
or indirectly limit consumer access to gas kitchen ranges and ovens.

 TITLE II--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF 
                           AMERICAN RESOURCES

SEC. 20001. SHORT TITLE.

    This title may be cited as the ``Transparency, Accountability, 
Permitting, and Production of American Resources Act'' or the ``TAPP 
American Resources Act''.

         Subtitle A--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 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 four 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 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) 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 the enactment 
of this section, 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 the enactment of this section, 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 the 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) 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 the 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 the 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 
        the 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 
        the 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 the 
        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 the 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 
        the 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 the 
        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 section, 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 No. 14008 (86 Fed. Reg. 7624; 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 the 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 two 
        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 the 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 the 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 technological 
        needs and 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), 
any entity subject to the jurisdiction of the Government of the 
People's Republic of China, or any entity that is owned by the 
Government of the People's Republic 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.) or American farmland or any lands 
used for American renewable energy production, or acquire claims 
subject to the General Mining Law of 1872.

SEC. 20114. EFFECT ON OTHER LAW.

    Nothing in this title, or any amendments made by this title, shall 
affect--
            (1) the Presidential memorandum titled ``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 titled ``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 titled ``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).

SEC. 20115. REQUIREMENT FOR GAO REPORT ON WIND ENERGY IMPACTS.

    The Secretary of the Interior shall not publish a notice for a wind 
lease sale or hold a lease sale for wind energy development in the 
Eastern Gulf of Mexico Planning Area, the South Atlantic Planning Area, 
or the Straits of Florida Planning Area (as described in the 2017-2022 
Outer Continental Shelf Oil and Gas Leasing Proposed Final Program 
(November 2016)) until the Comptroller General of the United States 
publishes a report on all potential adverse effects of wind energy 
development in such areas, including associated infrastructure and 
vessel traffic, on--
            (1) military readiness and training activities in the 
        Planning Areas described in this section, including activities 
        within or related to the Eglin Test and Training Complex and 
        the Jacksonville Range Complex;
            (2) marine environment and ecology, including species 
        listed as endangered or threatened under the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.) or designated as depleted 
        under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 
        et seq.) in the Planning Areas described in this section; and
            (3) tourism, including the economic impacts that a decrease 
        in tourism may have on the communities adjacent to the Planning 
        Areas described in this section.

SEC. 20116. SENSE OF CONGRESS ON WIND ENERGY DEVELOPMENT SUPPLY CHAIN.

    It is the sense of Congress that--
            (1) wind energy development on Federal lands and waters is 
        a burgeoning industry in the United States;
            (2) major components of wind infrastructure, including 
        turbines, are imported in large quantities from other countries 
        including countries that are national security threats, such as 
        the Government of the People's Republic of China;
            (3) it is in the best interest of the United States to 
        foster and support domestic supply chains across sectors to 
        promote American energy independence;
            (4) the economic and manufacturing opportunities presented 
        by wind turbine construction and component manufacturing should 
        be met by American workers and materials that are sourced 
        domestically to the greatest extent practicable; and
            (5) infrastructure for wind energy development in the 
        United States should be constructed with materials produced and 
        manufactured in the United States.

SEC. 20117. SENSE OF CONGRESS ON OIL AND GAS ROYALTY RATES.

    It is the sense of Congress that the royalty rate for onshore 
Federal oil and gas leases should be not more than 12.5 percent in 
amount or value of the production removed or sold from the lease.

SEC. 20118. OFFSHORE WIND ENVIRONMENTAL REVIEW PROCESS STUDY.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this section, the Comptroller General shall conduct a 
study to assess the sufficiency of the environmental review processes 
for offshore wind projects in place as of the date of the enactment of 
this section of the National Marine Fisheries Service, the Bureau of 
Ocean Energy Management, and any other relevant Federal agency.
    (b) Contents.--The study required under subsection (a) shall 
include consideration of the following:
            (1) The impacts of offshore wind projects on--
                    (A) whales, finfish, and other marine mammals;
                    (B) benthic resources;
                    (C) commercial and recreational fishing;
                    (D) air quality;
                    (E) cultural, historical, and archaeological 
                resources;
                    (F) invertebrates;
                    (G) essential fish habitat;
                    (H) military use and navigation and vessel traffic;
                    (I) recreation and tourism; and
                    (J) the sustainability of shoreline beaches and 
                inlets.
            (2) The impacts of hurricanes and other severe weather on 
        offshore wind projects.
            (3) How the agencies described in subsection (a) determine 
        which stakeholders are consulted and if a timely, comprehensive 
        comment period is provided for local representatives and other 
        interested parties.
            (4) The estimated cost and who pays for offshore wind 
        projects.

SEC. 20119. GAO REPORT ON WIND ENERGY IMPACTS.

    The Comptroller General of the United States shall publish a report 
on all potential adverse effects of wind energy development in the 
North Atlantic Planning Area (as described in the 2017-2022 Outer 
Continental Shelf Oil and Gas Leasing Proposed Final Program (November 
2016)), including associated infrastructure and vessel traffic, on--
            (1) maritime safety, including the operation of radar 
        systems;
            (2) economic impacts related to commercial fishing 
        activities; and
            (3) marine environment and ecology, including species 
        listed as endangered or threatened under the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.) or designated as depleted 
        under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 
        et seq.) in the North Atlantic Planning Area.

                  Subtitle B--Permitting Streamlining

SEC. 20201. DEFINITIONS.

    In this subtitle:
            (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) 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 amended, 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. 4321 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 two 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 one 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 must 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--
                    ``(A) an environmental document was prepared and an 
                opportunity for comment was provided;
                    ``(B) the claim is filed by a party that 
                participated in the administrative proceedings 
                regarding such environmental document; and
                    ``(C) the claim--
                            ``(i) is 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) is 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.
            ``(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 Farmers Home Administration Act of 
                        1961 (7 U.S.C. 1925 and 1941 through 1949);
                            ``(v) business loan guarantees provided by 
                        the Small Business Administration pursuant to 
                        section 7(a) or (b) and of the Small Business 
                        Act (15 U.S.C. 636(a)), 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.
            ``(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 one 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 titled ``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 one 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.
    (d) Prohibition.--Notwithstanding any other provision of law, the 
Secretary of Agriculture (acting through the Forest Service) and the 
Secretary of the Interior may not accept contributions, as authorized 
by subsection (a), from non-Federal entities owned by the Communist 
Party of China (or a person or entity acting on behalf of the Communist 
Party of China).
    (e) Report on Non-Federal Entities.--Not later than 60 days after 
the end of the applicable fiscal year, the Secretary of Agriculture 
(acting through the Forest Service) and 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 includes, for each expenditure authorized by 
subsection (a)--
            (1) the amount of funds accepted; and
            (2) the contributing non-Federal entity.

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) 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 one four-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, 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) 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;
                    ``(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); and
                            ``(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 paragraph (1)--
            ``(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;
            ``(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); and
                    ``(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. 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 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 one 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 one 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.

SEC. 20221. LIMITATIONS ON CLAIMS.

    (a) In General.--Section 139(l) of title 23, United States Code, is 
amended by striking ``150 days'' each place it appears and inserting 
``90 days''.
    (b) Conforming Amendments.--
            (1) Section 330(e) of title 23, United States Code, is 
        amended--
                    (A) in paragraph (2)(A), by striking ``150 days'' 
                and inserting ``90 days''; and
                    (B) in paragraph (3)(B)(i), by striking ``150 
                days'' and inserting ``90 days''.
            (2) Section 24201(a)(4) of title 49, United States Code, is 
        amended by striking ``of 150 days''.

SEC. 20222. ONE FEDERAL DECISION FOR PIPELINES.

    (a) In General.--Chapter 601 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 60144. Efficient environmental reviews and one Federal decision
    ``(a) Efficient Environmental Reviews.--
            ``(1) In general.--The Secretary of Transportation shall 
        apply the project development procedures, to the greatest 
        extent feasible, described in section 139 of title 23 to any 
        pipeline project that requires the approval of the Secretary 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.).
            ``(2) Regulations and procedures.--In carrying out 
        paragraph (1), the Secretary shall incorporate into agency 
        regulations and procedures pertaining to pipeline projects 
        described in paragraph (1) aspects of such project development 
        procedures, or portions thereof, determined appropriate by the 
        Secretary in a manner consistent with this section, that 
        increase the efficiency of the review of pipeline projects.
            ``(3) Discretion.--The Secretary may choose not to 
        incorporate into agency regulations and procedures pertaining 
        to pipeline projects described in paragraph (1) such project 
        development procedures that could only feasibly apply to 
        highway projects, public transportation capital projects, and 
        multimodal projects.
            ``(4) Applicability.--Subsection (l) of section 139 of 
        title 23 shall apply to pipeline projects described in 
        paragraph (1).
    ``(b) Additional Categorical Exclusions.--The Secretary shall 
maintain and make publicly available, including on the Internet, a 
database that identifies project-specific information on the use of a 
categorical exclusion on any pipeline project carried out under this 
title.''.
    (b) Clerical Amendment.--The analysis for chapter 601 of title 49, 
United States Code, is amended by adding at the end the following:

``60144. Efficient environmental reviews and one Federal decision.''.

SEC. 20223. EXEMPTION OF CERTAIN WILDFIRE MITIGATION ACTIVITIES FROM 
              CERTAIN ENVIRONMENTAL REQUIREMENTS.

    (a) In General.--Wildfire mitigation activities of the Secretary of 
the Interior and the Secretary of Agriculture may be carried out 
without regard to the provisions of law specified in subsection (b).
    (b) Provisions of Law Specified.--The provisions of law specified 
in this section are all Federal, State, or other laws, regulations, and 
legal requirements of, deriving from, or related to the subject of, the 
following laws:
            (1) Section 102(2)(C) of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4332(2)(C)).
            (2) The Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).
    (c) Wildfire Mitigation Activity.--For purposes of this section, 
the term ``wildfire mitigation activity''--
            (1) is an activity conducted on Federal land that is--
                    (A) under the administration of the Director of the 
                National Park System, the Director of the Bureau of 
                Land Management, or the Chief of the Forest Service; 
                and
                    (B) within 300 feet of any permanent or temporary 
                road, as measured from the center of such road; and
            (2) includes forest thinning, hazardous fuel reduction, 
        prescribed burning, and vegetation management.

SEC. 20224. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION 
              AND MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND 
              DISTRIBUTION FACILITY RIGHTS OF WAY.

    (a) Hazard Trees Within 50 Feet of Electric Power Line.--Section 
512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking ``10'' and 
inserting ``50''.
    (b) Consultation With Private Landowners.--Section 512(c)(3)(E) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1772(c)(3)(E)) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
                            ``(iii) consulting with private landowners 
                        with respect to any hazard trees identified for 
                        removal from land owned by such private 
                        landowners.''.
    (c) Review and Approval Process.--Clause (iv) of section 
512(c)(4)(A) of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1772(c)(4)(A)) is amended to read as follows:
                            ``(iv) ensures that--
                                    ``(I) a plan submitted without a 
                                modification under clause (iii) shall 
                                be automatically approved 60 days after 
                                review; and
                                    ``(II) a plan submitted with a 
                                modification under clause (iii) shall 
                                be automatically approved 67 days after 
                                review.''.

SEC. 20225. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES RIGHTS-OF-
              WAY.

    (a) Secretary Concerned Defined.--In this section, the term 
``Secretary concerned'' means--
            (1) the Secretary of Agriculture, with respect to National 
        Forest System lands; and
            (2) the Secretary of the Interior, with respect to public 
        lands.
    (b) Categorical Exclusion Established.--Forest management 
activities described in subsection (c) are a category of activities 
designated as being categorically excluded from the preparation of an 
environmental assessment or an environmental impact statement under 
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332).
    (c) Forest Management Activities Designated for Categorical 
Exclusion.--The forest management activities designated as being 
categorically excluded under subsection (b) are--
            (1) the development and approval of a vegetation 
        management, facility inspection, and operation and maintenance 
        plan submitted under section 512(c)(1) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)) by the 
        Secretary concerned; and
            (2) the implementation of routine activities conducted 
        under the plan referred to in paragraph (1).
    (d) Availability of Categorical Exclusion.--On and after the date 
of the enactment of this Act, the Secretary concerned may use the 
categorical exclusion established under subsection (b) in accordance 
with this section.
    (e) Extraordinary Circumstances.--Use of the categorical exclusion 
established under subsection (b) shall not be subject to the 
extraordinary circumstances procedures in section 220.6, title 36, Code 
of Federal Regulations, or section 1508.4, title 40, Code of Federal 
Regulations.
    (f) Exclusion of Certain Areas.--The categorical exclusion 
established under subsection (b) shall not apply to any forest 
management activity conducted--
            (1) in a component of the National Wilderness Preservation 
        System; or
            (2) on National Forest System lands on which, by Act of 
        Congress, the removal of vegetation is restricted or 
        prohibited.
    (g) Permanent Roads.--
            (1) Prohibition on establishment.--A forest management 
        activity designated under subsection (c) shall not include the 
        establishment of a permanent road.
            (2) Existing roads.--The Secretary concerned may carry out 
        necessary maintenance and repair on an existing permanent road 
        for the purposes of conducting a forest management activity 
        designated under subsection (c).
            (3) Temporary roads.--The Secretary concerned shall 
        decommission any temporary road constructed for a forest 
        management activity designated under subsection (c) not later 
        than 3 years after the date on which the action is completed.
    (h) Applicable Laws.--A forest management activity designated under 
subsection (c) shall not be subject to section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1536), section 106 of the National 
Historic Preservation Act, or any other applicable law.

SEC. 20226. STAFFING PLANS.

    (a) In General.--Not later than 365 days after the date of 
enactment of this Act, each local unit of the National Park Service, 
Bureau of Land Management, and Forest Service shall conduct an outreach 
plan for disseminating and advertising open civil service positions 
with functions relating to permitting or natural resources in their 
offices. Each such plan shall include outreach to local high schools, 
community colleges, institutions of higher education, and any other 
relevant institutions, as determined by the Secretary of the Interior 
or the Secretary of Agriculture (as the case may be).
    (b) Collaboration Permitted.--Such local units of the National Park 
Service, Bureau of Land Management, and Forest Service located in 
reasonably close geographic areas may collaborate to produce a joint 
outreach plan that meets the requirements of subsection (a).

                Subtitle C--Permitting for Mining Needs

SEC. 20301. DEFINITIONS.

    In this subtitle:
            (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 of a 
        kind that is locatable (including, but not limited to, such 
        minerals located on ``lands acquired by the United States'', as 
        such term is defined in section 2 of the Mineral Leasing Act 
        for Acquired Lands) under the Act of May 10, 1872 (Chapter 152; 
        17 Stat. 91).
            (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;
                    ``(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'' each place 
        such term appears; 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 the 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 13 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, titled ``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. 21 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 of the Interior, the Secretary of the 
                Interior; 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 
        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 the enactment 
of this section, 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 subsection 
(a) of this section.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this section, the Secretary, acting through the Director 
of the United States Geological Survey, in consultation with the 
Secretary of Energy, shall submit to the appropriate committees of 
Congress a report that includes the following:
            (1) The current status of uranium deposits in the United 
        States with respect to the amount and quality of uranium 
        contained in such deposits.
            (2) A comparison of the United States to the rest of the 
        world with respect to the amount and quality of uranium 
        contained in uranium deposits.
            (3) Policy considerations, including potential challenges, 
        of utilizing the uranium from the deposits described in 
        paragraph (1).

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 of the Interior 
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.

SEC. 20310. PERMIT PROCESS FOR PROJECTS RELATING TO EXTRACTION, 
              RECOVERY, OR PROCESSING OF CRITICAL MATERIALS.

    (a) Definition of Covered Project.--Section 41001(6)(A) of the FAST 
Act (42 U.S.C. 4370m(6)(A)) is amended--
            (1) in clause (iii)(III), by striking ``; or'' and 
        inserting ``;'';
            (2) in clause (iv)(II), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(v) is related to the extraction, 
                        recovery, or processing from coal, coal waste, 
                        coal processing waste, pre-or post-combustion 
                        coal byproducts, or acid mine drainage from 
                        coal mines of--
                                    ``(I) critical minerals (as such 
                                term is defined in section 7002 of the 
                                Energy Act of 2020);
                                    ``(II) rare earth elements; or
                                    ``(III) microfine carbon or carbon 
                                from coal.''.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary of the Interior shall submit to the Committees 
on Energy and Natural Resources and Commerce, Science, and 
Transportation of the Senate and the Committees on Transportation and 
Infrastructure, Natural Resources, and Energy and Commerce of the House 
of Representatives a report evaluating the timeliness of implementation 
of reforms of the permitting process required as a result of the 
amendments made by this section on the following:
            (1) The economic and national security of the United 
        States.
            (2) Domestic production and supply of critical minerals, 
        rare earths, and microfine carbon or carbon from coal.

SEC. 20311. NATIONAL STRATEGY TO RE-SHORE MINERAL SUPPLY CHAINS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the United States Geological Survey, in 
consultation with the Secretaries of Defense, Energy, and State, 
shall--
            (1) identify mineral commodities that--
                    (A) serve a critical purpose to the national 
                security of the United States, including with respect 
                to military, defense, and strategic mobility 
                applications; and
                    (B) are at highest risk of supply chain disruption 
                due to the domestic or global actions of any covered 
                entity, including price-fixing, systemic acquisition 
                and control of global mineral resources and processing, 
                refining, and smelting capacity, and undercutting the 
                fair market value of such resources; and
            (2) develop a national strategy for bolstering supply 
        chains in the United States for the mineral commodities 
        identified under paragraph (1), including through the enactment 
        of new national policies and the utilization of current 
        authorities, to increase capacity and efficiency of domestic 
        mining, refining, processing, and manufacturing of such mineral 
        commodities.
    (b) Covered Entity.--In this section, the term ``covered entity'' 
means an entity that--
            (1) is subject to the jurisdiction or direction of the 
        People's Republic of China;
            (2) is directly or indirectly operating on behalf of the 
        People's Republic of China; or
            (3) is owned by, directly or indirectly controlled by, or 
        otherwise subject to the influence of the People's Republic of 
        China.

                 Subtitle D--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, 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 National Forest Management Act 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) 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; 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, 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, permittee, 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 of a kind that is locatable (including such minerals 
located on ``lands acquired by the United States'', as such term is 
defined in section 2 of the Mineral Leasing Act for Acquired Lands) 
under the Act of May 10, 1872 (Chapter 152; 17 Stat. 91).

SEC. 20403. DEFINITIONS.

    In this subtitle:
            (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 of the Interior.
            (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.

         Subtitle E--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,'' each place it appears 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,'' each place it appears 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.--
                    (A) Lease of oil and gas land.--Section 17 of the 
                Mineral Leasing Act (30 U.S.C. 226) is amended--
                            (i) 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
                            (ii) by striking ``16\2/3\ percent'' each 
                        place it appears and inserting ``12.5 
                        percent''.
                    (B) Conditions for reinstatement.--Section 31(e)(3) 
                of the Mineral Leasing Act (30 U.S.C. 188(e)(3)) is 
                amended by striking ``20'' inserting ``16\2/3\''.
            (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 the 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 two 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) insert ``either'' after 
                                ``rentals and''; and
                                    (II) insert ``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), strike ``in the same 
                        manner as the original lease issued pursuant to 
                        section 17'' and insert ``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 1744 of title 
43, 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 one hundred and twentieth day after January 12, 
        1983, or (B) with respect to any claim deemed conclusively 
        abandoned after January 12, 1983, on or before the one hundred 
        and twentieth 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.''.

                   Subtitle F--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) 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 (Public Law 109-
        432; 43 U.S.C. 1331 note) (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.

SEC. 20604. SUNSET.

    This subtitle, and the amendments made by this subtitle, shall 
cease to have effect on September 30, 2032, and on such date the 
provisions of law amended by this subtitle shall be restored or revived 
as if this subtitle had not been enacted.

 TITLE III--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT

SEC. 30001. SHORT TITLE.

    This title may be cited as the ``Water Quality Certification and 
Energy Project Improvement Act of 2023''.

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 
                        ``applicable effluent limitations or other 
                        limitations or other applicable water quality 
                        requirements will not be violated'' and 
                        inserting ``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.''.

SEC. 30003. FEDERAL GENERAL PERMITS.

    Section 402(a) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(a)) is amended by adding at the end the following:
    ``(6)(A) The Administrator is authorized to issue general permits 
under this section for discharges of similar types from similar 
sources.
    ``(B) The Administrator may require submission of a notice of 
intent to be covered under a general permit issued under this section, 
including additional information that the Administrator determines 
necessary.
    ``(C) If a general permit issued under this section will expire and 
the Administrator decides not to issue a new general permit for 
discharges similar to those covered by the expiring general permit, the 
Administrator shall publish in the Federal Register a notice of such 
decision at least two years prior to the expiration of the general 
permit.
    ``(D) If a general permit issued under this section expires and the 
Administrator has not published a notice in accordance with 
subparagraph (C), until such time as the Administrator issues a new 
general permit for discharges similar to those covered by the expired 
general permit, the Administrator shall--
            ``(i) continue to apply the terms, conditions, and 
        requirements of the expired general permit to any discharge 
        that was covered by the expired general permit; and
            ``(ii) apply such terms, conditions, and requirements to 
        any discharge that would have been covered by the expired 
        general permit (in accordance with any relevant requirements 
        for such coverage) if the discharge had occurred before such 
        expiration.''.

                   DIVISION E--INCREASE IN DEBT LIMIT

SEC. 40001. LIMITED SUSPENSION OF DEBT CEILING.

    (a) Suspension.--Section 3101(b) of title 31, United States Code, 
shall not apply during the period beginning on the date of the 
enactment of this Act and ending on the applicable date.
    (b) Dollar Limitation on Suspension.--Subsection (a) shall not 
apply to the extent that the application of such subsection would 
result in the face amount of obligations subject to limitation under 
section 3101(b) of title 31, United States Code, to exceed the sum of--
            (1) the dollar limitation in effect under such section on 
        the date of the enactment of this Act, increased by
            (2) $1,500,000,000,000.
    (c) Applicable Date.--For purposes of this section, the term 
``applicable date'' means the earlier of--
            (1) March 31, 2024, or
            (2) the first date on which subsection (a) does not apply 
        by reason of subsection (b).
    (d) Special Rule Relating to Obligations Issued During Suspension 
Period.--Effective as of the close of the applicable date, the dollar 
limitation in section 3101(b) of title 31, United States Code, is 
increased to the extent that--
            (1) the face amount of obligations subject to limitation 
        under such section outstanding as of the close of the 
        applicable date, exceeds
            (2) the face amount of such obligations outstanding on the 
        date of the enactment of this Act.
An obligation shall not be taken into account under paragraph (1) 
unless the issuance of such obligation was necessary to fund a 
commitment incurred by the Federal Government that required payment on 
or before the applicable date.
                                 &lt;all&gt;
</pre></body></html>