FREE American Energy Act

To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes. 1. Short title This Act may be cited as the Furthering Resource Exploration and Empowering American Energy Act FREE American Energy Act 2. Federal energy authorizations (a) Definition of Federal energy authorization In this section, the term Federal energy authorization (1) a natural gas transmission project; (2) a natural gas interstate project; (3) the exportation of natural gas; (4) oil and gas lease sales; (5) onshore and offshore oil and gas drilling exploration; or (6) alternative energy production, including— (A) geothermal production; (B) solar production; (C) wind production; and (D) mineral production. (b) Agency action (1) In general The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date of enactment of this Act, review and approve or deny each application for a Federal energy authorization that is pending with the Federal agency on the date of enactment of this Act. (2) Subsequent applications The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date on which the Federal agency receives an application for a Federal energy authorization, review and approve or deny the application. (c) Denial If a Federal agency denies an application for a Federal energy authorization under paragraph (1) or (2) of subsection (b), not later than 5 days after the date of the denial, the Federal agency shall submit to Congress a detailed explanation of the reasons for the denial. (d) Extension On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. 3. FERC authorizations (a) Definitions In this section: (1) Commission The term Commission (2) FERC authorization The term FERC authorization (A) transportation of oil by pipeline in interstate commerce; (B) construction of new interstate natural gas pipelines or natural gas storage projects; (C) liquefied natural gas terminal projects; or (D) projects relating to hydropower. (b) FERC action (1) In general Not later than 60 days after the date of enactment of this Act, the Commission shall review and approve or deny each application for a FERC authorization that is pending on the date of enactment of this Act. (2) Subsequent applications Not later than 60 days after the date on which the Commission receives an application for a FERC authorization, the Commission shall review and approve or deny the application. (c) Denial If the Commission denies an application for a FERC authorization under paragraph (1) or (2) of subsection (b), not later than 5 days after the date of the denial, the Commission shall submit to Congress a detailed explanation of the reasons for the denial. (d) Extension (1) In general The Commission may submit to Congress a request for an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, which shall include an explanation of the reasons why the extension is necessary. (2) Congressional approval A request for an extension under paragraph (1) may only be approved by an Act of Congress. 4. Rescission of Executive order Executive Order 13990 ( 42 U.S.C. 4321 5. Construction, connection, operation, and maintenance of oil or natural gas pipelines or electric transmission facilities (a) In general No Presidential permit (or similar permit) required under Executive Order 13337 ( 3 U.S.C. 301 3 U.S.C. 301 (b) Congressional authority The construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any cross-border segment thereof, may be approved by an Act of Congress. 6. Energy production permits on Federal land (a) Definitions In this section: (1) Agency; rule making The terms agency rule making (2) Federal land The term Federal land 43 U.S.C. 1702 (b) Delegation Not later than 180 days after the date of enactment of this Act, the President, acting through the Director of the Office of Management and Budget, shall initiate a rule making to develop an interagency process under which any authority or requirement of an agency to issue a permit or other required authorization necessary to identify, develop, extract, and transport oil or natural gas on Federal land shall be delegated to the State within the borders of which the Federal land is located, on written request of the State to assume such authority. 7. Codification of NEPA implementing regulations reform rule The final rule of the Council on Environmental Quality entitled Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act 8. Navigable waters protection rule The final rule of the Corps of Engineers and the Environmental Protection Agency entitled The Navigable Waters Protection Rule: Definition of Waters of the United States 9. Termination of credit for clean vehicles Section 30D(h) December 31, 2032 December 31, 2024

Summary: Furthering Resource Exploration and Empowering American Energy Act or the FREE American Energy Act This bill expedites the review of energy projects, limits executive power over certain energy projects, delegates certain energy permitting authority to states, provides statutory authority for specified environmental rules, and terminates tax credits for certain vehicles. Specifically, the bill establishes deadlines by which applicable federal agencies must approve or deny permits or other authorizations for certain natural gas, oil, alternative energy (e.g., solar), oil or gas pipelines, liquefied natural gas terminals, or hydropower projects. In addition, the bill limits executive power by (1) exempting certain projects related to oil pipelines, natural gas pipelines, or electric transmission facilities from permits required under any executive orders; and (2) rescinding Executive Order 13990, which is about protecting public health and the environment and addressing climate change. Further, the Office of Management and Budget must initiate a rule making that establishes a process to delegate the authority to approve or deny certain oil or gas projects on federal land to states that contain the federal land. The bill also provides statutory authority for rules issued in 2020 and titled (1) Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act; and (2) The Navigable Waters Protection Rule: Definition of "Waters of the United States." Finally, the bill terminates a tax credit for certain clean vehicles placed in service after 2024 (currently 2032).