SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Lower Energy Costs Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
DIVISION A—INCREASING AMERICAN ENERGY PRODUCTION, EX-
PORTS, INFRASTRUCTURE, AND CRITICAL MINERALS PROC-
ESSING 
Sec. 10001. Securing America’s critical minerals supply. 
Sec. 10002. Protecting American energy production. 
Sec. 10003. Researching Efficient Federal Improvements for Necessary Energy 
Refining. 
Sec. 10004. Promoting cross-border energy infrastructure. 
Sec. 10005. Sense of Congress expressing disapproval of the revocation of the 
Presidential permit for the Keystone XL pipeline. 
Sec. 10006. Sense of Congress opposing restrictions on the export of crude oil 
or other petroleum products. 
Sec. 10007. Unlocking our domestic LNG potential. 
Sec. 10008. Promoting interagency coordination for review of natural gas pipe-
lines. 
Sec. 10009. Interim hazardous waste permits for critical energy resource facili-
ties. 
Sec. 10010. Flexible air permits for critical energy resource facilities. 
Sec. 10011. National security or energy security waivers to produce critical en-
ergy resources. 
Sec. 10012. Ending future delays in chemical substance review for critical en-
ergy resources. 
Sec. 10013. Natural gas tax repeal. 
Sec. 10014. Repeal of greenhouse gas reduction fund. 
Sec. 10015. Keeping America’s refineries operating. 
Sec. 10016. Homeowner energy freedom. 
DIVISION B—TRANSPARENCY, ACCOUNTABILITY, PERMITTING, 
AND PRODUCTION OF AMERICAN RESOURCES 
Sec. 20001. Short title; table of contents. 
TITLE I—ONSHORE AND OFFSHORE LEASING AND OVERSIGHT 
Sec. 20101. Onshore oil and gas leasing. 
Sec. 20102. Lease reinstatement. 
Sec. 20103. Protested lease sales. 
Sec. 20104. Suspension of operations. 
Sec. 20105. Administrative protest process reform. 
Sec. 20106. Leasing and permitting transparency. 
Sec. 20107. Offshore oil and gas leasing. 
Sec. 20108. Five-year plan for offshore oil and gas leasing. 
Sec. 20109. Geothermal leasing. 
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Sec. 20110. Leasing for certain qualified coal applications. 
Sec. 20111. Future coal leasing. 
Sec. 20112. Staff planning report. 
Sec. 20113. Prohibition on Chinese communist party ownership interest. 
Sec. 20114. Effect on other law. 
TITLE II—PERMITTING STREAMLINING 
Sec. 20201. Definitions. 
Sec. 20202. BUILDER Act. 
Sec. 20203. Codification of National Environmental Policy Act regulations. 
Sec. 20204. Non-major Federal actions. 
Sec. 20205. No net loss determination for existing rights-of-way. 
Sec. 20206. Determination of National Environmental Policy Act adequacy. 
Sec. 20207. Determination regarding rights-of-way. 
Sec. 20208. Terms of rights-of-way. 
Sec. 20209. Funding to process permits and develop information technology. 
Sec. 20210. Offshore geological and geophysical survey licensing. 
Sec. 20211. Deferral of applications for permits to drill. 
Sec. 20212. Processing and terms of applications for permits to drill. 
Sec. 20213. Amendments to the Energy Policy Act of 2005. 
Sec. 20214. Access to Federal energy resources from non-Federal surface es-
tate. 
Sec. 20215. Scope of environmental reviews for oil and gas leases. 
Sec. 20216. Expediting approval of gathering lines. 
Sec. 20217. Lease sale litigation. 
Sec. 20218. Limitation on claims. 
Sec. 20219. Government Accountability Office report on permits to drill. 
Sec. 20220. E–NEPA. 
TITLE III—PERMITTING FOR MINING NEEDS 
Sec. 20301. Definitions. 
Sec. 20302. Minerals supply chain and reliability. 
Sec. 20303. Federal register process improvement. 
Sec. 20304. Designation of mining as a covered sector for Federal permitting 
improvement purposes. 
Sec. 20305. Treatment of actions under presidential determination 2022–11 for 
Federal permitting improvement purposes. 
Sec. 20306. Notice for mineral exploration activities with limited surface dis-
turbance. 
Sec. 20307. Use of mining claims for ancillary activities. 
Sec. 20308. Ensuring consideration of uranium as a critical mineral. 
Sec. 20309. Barring foreign bad actors from operating on Federal lands. 
TITLE IV—FEDERAL LAND USE PLANNING 
Sec. 20401. Federal land use planning and withdrawals. 
Sec. 20402. Prohibitions on delay of mineral development of certain Federal 
land. 
Sec. 20403. Definitions. 
TITLE V—ENSURING COMPETITIVENESS ON FEDERAL LANDS 
Sec. 20501. Incentivizing domestic production. 
TITLE VI—ENERGY REVENUE SHARING 
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Sec. 20601. Gulf of Mexico Outer Continental Shelf revenue. 
Sec. 20602. Parity in offshore wind revenue sharing. 
Sec. 20603. Elimination of administrative fee under the Mineral Leasing Act. 
DIVISION C—WATER QUALITY CERTIFICATION AND ENERGY 
PROJECT IMPROVEMENT 
Sec. 30001. Short title; table of contents. 
Sec. 30002. Certification. 
DIVISION A—INCREASING AMER-
ICAN ENERGY PRODUCTION, 
EXPORTS, INFRASTRUCTURE, 
AND 
CRITICAL 
MINERALS 
PROCESSING 
Sec. 10001. Securing America’s critical minerals supply. 
Sec. 10002. Protecting American energy production. 
Sec. 10003. Researching Efficient Federal Improvements for Necessary Energy 
Refining. 
Sec. 10004. Promoting cross-border energy infrastructure. 
Sec. 10005. Sense of Congress expressing disapproval of the revocation of the 
Presidential permit for the Keystone XL pipeline. 
Sec. 10006. Sense of Congress opposing restrictions on the export of crude oil 
or other petroleum products. 
Sec. 10007. Unlocking our domestic LNG potential. 
Sec. 10008. Promoting interagency coordination for review of natural gas pipe-
lines. 
Sec. 10009. Interim hazardous waste permits for critical energy resource facili-
ties. 
Sec. 10010. Flexible air permits for critical energy resource facilities. 
Sec. 10011. National security or energy security waivers to produce critical en-
ergy resources. 
Sec. 10012. Ending future delays in chemical substance review for critical en-
ergy resources. 
Sec. 10013. Natural gas tax repeal. 
Sec. 10014. Repeal of greenhouse gas reduction fund. 
Sec. 10015. Keeping America’s refineries operating. 
Sec. 10016. Homeowner energy freedom. 
SEC. 10001. SECURING AMERICA’S CRITICAL MINERALS 
SUPPLY. 
(a) AMENDMENT TO THE DEPARTMENT OF ENERGY 
ORGANIZATION ACT.—The Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.) is amended— 
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(1) in section 2, by adding at the end the fol-
lowing: 
‘‘(d) As used in sections 102(20) and 203(a)(12), the 
term ‘critical energy resource’ means any energy re-
source— 
‘‘(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 fol-
lowing: 
‘‘(20) To ensure there is an adequate and reli-
able supply of critical energy resources that are es-
sential 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 sup-
ply 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.’’. 
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(b) SECURING CRITICAL ENERGY RESOURCE SUPPLY 
CHAINS.— 
(1) IN GENERAL.—In carrying out the require-
ments of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), the Secretary of En-
ergy, 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— 
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(i) diversifying the sources of the sup-
ply of critical energy resources; and 
(ii) increasing domestic production, 
separation, and processing of critical en-
ergy resources; 
(C) develop substitutes and alternatives to 
critical energy resources; and 
(D) improve technology that reuses and re-
cycles critical energy resources. 
(2) CRITICAL ENERGY RESOURCE DEFINED.— 
In this section, the term ‘‘critical energy resource’’ 
has the meaning given such term in section 2 of the 
Department of Energy Organization Act (42 U.S.C. 
7101). 
SEC. 10002. PROTECTING AMERICAN ENERGY PRODUCTION. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that States should maintain primacy for the regula-
tion of hydraulic fracturing for oil and natural gas produc-
tion on State and private lands. 
(b) PROHIBITION ON DECLARATION OF A MORATO-
RIUM
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. 
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SEC. 10003. RESEARCHING EFFICIENT FEDERAL IMPROVE-
MENTS 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 Con-
gress a report containing— 
(A) an examination of the role of petro-
chemical refineries located in the United States 
and the contributions of such petrochemical re-
fineries 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 con-
sumers in the United States; 
(B) analyses and projections with respect 
to— 
(i) the capacity of petrochemical refin-
eries located in the United States; 
(ii) opportunities for expanding such 
capacity; and 
(iii) the risks to petrochemical refin-
eries 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 
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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 lo-
cated in the United States; and 
(2) make publicly available the report submitted 
under paragraph (1). 
SEC. 10004. PROMOTING CROSS-BORDER ENERGY INFRA-
STRUCTURE. 
(a) AUTHORIZATION OF CERTAIN ENERGY INFRA-
STRUCTURE PROJECTS AT AN INTERNATIONAL BOUND-
ARY 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 
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(B), under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) with re-
spect 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 agen-
cies, shall issue a certificate of crossing for the 
border-crossing facility unless the relevant offi-
cial or agency finds that the construction, con-
nection, operation, or maintenance of the bor-
der-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-cross-
ing facilities consisting of oil or natural 
gas pipelines; and 
(ii) the Secretary of Energy with re-
spect 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 
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a border-crossing facility consisting of an elec-
tric transmission facility, the Secretary of En-
ergy 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 Organiza-
tion and the applicable regional entity; and 
(ii) any Regional Transmission Orga-
nization 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 im-
port or export of oil or natural gas, or the trans-
mission of electricity— 
(A) if the border-crossing facility is oper-
ating for such import, export, or transmission 
as of the date of enactment of this Act; 
(B) if a Presidential permit (or similar 
permit) for the construction, connection, oper-
ation, or maintenance has been issued pursuant 
to any provision of law or Executive order; or 
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(C) if an application for a Presidential per-
mit (or similar permit) for the construction, 
connection, operation, or maintenance is pend-
ing on the date of enactment of this Act, until 
the earlier of— 
(i) the date on which such application 
is denied; or 
(ii) two years after the date of enact-
ment of this Act, if such a permit has not 
been issued by such date of enactment. 
(4) EFFECT OF OTHER LAWS.— 
(A) APPLICATION TO PROJECTS.—Nothing 
in this subsection or subsection (d) shall affect 
the application of any other Federal statute to 
a project for which a certificate of crossing for 
a border-crossing facility is requested under 
this subsection. 
(B) NATURAL GAS ACT.—Nothing in this 
subsection or subsection (d) shall affect the re-
quirement 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 sub-
section or subsection (d) shall affect the author-
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ity of the Federal Energy Regulatory Commis-
sion with respect to oil pipelines under section 
60502 of title 49, United States Code. 
(b) TRANSMISSION OF ELECTRIC ENERGY TO CAN-
ADA 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 Util-
ity Regulatory Policies Act of 1978 (16 U.S.C. 
824a–4(b)) is amended by striking ‘‘the Com-
mission 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 
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would not impair the sufficiency of electric sup-
ply within the United States or would not im-
pede or tend to impede the coordination in the 
public interest of facilities subject to the juris-
diction 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 facil-
ity, 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 modi-
fication to— 
(1) an oil or natural gas pipeline or electric 
transmission facility that is operating for the import 
or export of oil or natural gas or the transmission 
of electricity as of the date of enactment of this Act; 
(2) an oil or natural gas pipeline or electric 
transmission facility for which a Presidential permit 
(or similar permit) has been issued pursuant to any 
provision of law or Executive order; or 
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(3) a border-crossing facility for which a certifi-
cate 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 bor-
der-crossing facility thereof, unless such revocation is au-
thorized by an Act of Congress. 
(f) EFFECTIVE DATE; RULEMAKING DEADLINES.— 
(1) 
EFFECTIVE
DATE.—Subsections 
(a) 
through (d), and the amendments made by such 
subsections, shall take effect on the date that is 1 
year after the date of enactment of this Act. 
(2) RULEMAKING DEADLINES.—Each relevant 
official or agency described in subsection (a)(2)(B) 
shall— 
(A) not later than 180 days after the date 
of enactment of this Act, publish in the Federal 
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Register notice of a proposed rulemaking to 
carry out the applicable requirements of sub-
section (a); and 
(B) not later than 1 year after the date of 
enactment of this Act, publish in the Federal 
Register a final rule to carry out the applicable 
requirements of subsection (a). 
(g) DEFINITIONS.—In this section: 
(1) BORDER-CROSSING
FACILITY.—The term 
‘‘border-crossing facility’’ means the portion of an oil 
or natural gas pipeline or electric transmission facil-
ity that is located at an international boundary of 
the United States. 
(2) MODIFICATION.—The term ‘‘modification’’ 
includes a reversal of flow direction, change in own-
ership, 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. 
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(5) ELECTRIC RELIABILITY ORGANIZATION; RE-
GIONAL
ENTITY.—The terms ‘‘Electric Reliability 
Organization’’ and ‘‘regional entity’’ have the mean-
ings given those terms in section 215 of the Federal 
Power Act (16 U.S.C. 824o). 
(6) INDEPENDENT
SYSTEM
OPERATOR; RE-
GIONAL 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 
DIS-
APPROVAL OF THE REVOCATION OF THE 
PRESIDENTIAL PERMIT FOR THE KEYSTONE 
XL PIPELINE. 
(a) FINDINGS.—Congress finds the following: 
(1) On March 29, 2019, TransCanada Key-
stone Pipeline, L.P., was granted a Presidential per-
mit to construct, connect, operate, and maintain the 
Keystone XL pipeline. 
(2) On January 20, 2021, President Biden 
issued Executive Order 13990 (86 Fed. Reg. 7037) 
that revoked the March 2019 Presidential permit for 
the Keystone XL. 
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that Congress disapproves of the revocation by 
President Biden of the Presidential permit for the Key-
stone 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 renais-
sance in energy production, with the expansion of 
domestic crude oil and other petroleum product pro-
duction 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 restric-
tions on the export of crude oil with limited excep-
tions, including a savings clause maintaining the au-
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thority 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 govern-
ment that is designated as a state sponsor of ter-
rorism. 
(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 lead-
ing 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 Con-
gress that the Federal Government should not impose— 
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(1) overly restrictive regulations on the explo-
ration, production, or marketing of energy resources; 
or 
(2) any restrictions on the export of crude oil 
or other petroleum products under the Energy Pol-
icy 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 for-
eign government subject to sanctions under any pro-
vision 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 sub-
section (c), and moving such subsection after sub-
section (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 sub-
section referred to as the ‘Commission’) shall have 
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the exclusive authority to approve or deny an appli-
cation for authorization for the siting, construction, 
expansion, or operation of a facility to export nat-
ural gas from the United States to a foreign country 
or import natural gas from a foreign country, in-
cluding an LNG terminal. In determining whether to 
approve or deny an application under this para-
graph, 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 fa-
cilities to import or export natural gas, including 
LNG terminals.’’; and 
(5) by adding at the end the following new sub-
section: 
‘‘(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 Conserva-
tion Act (42 U.S.C. 6271 et seq.), the Trading With the 
Enemy Act (50 U.S.C. 4301 et seq.), or any other provi-
sion of law that imposes sanctions on a foreign person or 
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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 ter-
rorism’ means a country the government of which the Sec-
retary of State determines has repeatedly provided sup-
port for international terrorism pursuant to— 
‘‘(A) section 1754(c)(1)(A) of the Export Con-
trol 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. 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)). 
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(3) NEPA REVIEW.—The term ‘‘NEPA review’’ 
means the process of reviewing a proposed Federal 
action under section 102 of the National Environ-
mental 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 con-
venience and necessity under section 7 of such Act. 
(b) COMMISSION
NEPA REVIEW
RESPONSIBIL-
ITIES.—In acting as the lead agency under section 
15(b)(1) of the Natural Gas Act for the purposes of com-
plying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) with respect to an author-
ization under section 3 of the Natural Gas Act or a certifi-
cate 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 de-
velops information in conducting its project-related 
NEPA review that is usable by the participating 
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agency in considering an aspect of an application for 
a Federal authorization for which the agency is re-
sponsible; 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 deci-
sion 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 conven-
ience and necessity under section 7 of such Act, each agen-
cy 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 Commis-
sion receives an application for an authorization 
under section 3 of the Natural Gas Act or a certifi-
cate of public convenience and necessity under sec-
tion 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 
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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 dead-
line 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
AGEN-
CIES.—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 authoriza-
tion under section 3 of the Natural Gas Act or a 
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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 re-
view 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 applica-
tion for an authorization under section 3 of the 
Natural Gas Act or a certificate of public con-
venience 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 as-
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pect of an application for a Federal au-
thorization; and 
(ii) requires information that could 
not have been obtained during the project- 
related NEPA review conducted by the 
Commission. 
(B) COMMENTS; RECORD.—The Commis-
sion 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 in-
formation 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 authoriza-
tion shall not be required to provide a certification 
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under such section with respect to the Federal au-
thorization. 
(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 Commis-
sion 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 inter-
state agency designated as a participating agency 
pursuant to paragraph (2) may propose to the Com-
mission terms or conditions for inclusion in an au-
thorization 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 inter-
state 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 
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301, 302, 303, 306, and 307 of the Federal Water 
Pollution Control Act. 
(4) COMMISSION
CONSIDERATION
OF
CONDI-
TIONS.—The Commission may include a term or 
condition in an authorization under section 3 of the 
Natural Gas Act or a certificate of public conven-
ience and necessity under section 7 of such Act pro-
posed by a State or interstate agency under para-
graph (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 Con-
trol Act. 
(f) SCHEDULE.— 
(1) DEADLINE
FOR
FEDERAL
AUTHORIZA-
TIONS.—A deadline for a Federal authorization re-
quired with respect to an application for authoriza-
tion 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- 
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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 mech-
anisms to enable the agency to ensure comple-
tion 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 applica-
tion 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; 
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(ii) carry out the obligations of that 
agency under applicable law concurrently, 
and in conjunction with, the project-related 
NEPA review conducted by the Commis-
sion, and in compliance with the schedule 
established by the Commission under sec-
tion 15(c)(1) of such Act, unless the agen-
cy notifies the Commission in writing that 
doing so would impair the ability of the 
agency to conduct needed analysis or oth-
erwise carry out such obligations; 
(iii) transmit to the Commission a 
statement— 
(I) acknowledging receipt of the 
schedule established by the Commis-
sion under section 15(c)(1) of the 
Natural Gas Act; and 
(II) setting forth the plan formu-
lated under clause (i) of this subpara-
graph; 
(iv) not later than 30 days after the 
agency receives such application for a Fed-
eral authorization, transmit to the appli-
cant a notice— 
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(I) indicating whether such appli-
cation is ready for processing; and 
(II) if such application is not 
ready for processing, that includes a 
comprehensive description of the in-
formation 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 infor-
mation 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 consid-
ering such application for a Federal au-
thorization. 
(3) FAILURE TO MEET DEADLINE.—If a Fed-
eral or State agency, including the Commission, fails 
to meet a deadline for a Federal authorization set 
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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 Con-
gress and the Commission of such failure and set 
forth a recommended implementation plan to ensure 
completion of the action to which such deadline ap-
plied. 
(g) CONSIDERATION
OF APPLICATIONS
FOR FED-
ERAL AUTHORIZATION.— 
(1) ISSUE
IDENTIFICATION
AND
RESOLU-
TION.— 
(A) IDENTIFICATION.—Federal and State 
agencies that may consider an aspect of an ap-
plication for a Federal authorization shall iden-
tify, 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 rel-
evant agencies (including, in the case of an 
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issue of concern that is a failure by a State 
agency, the Federal agency overseeing the dele-
gated 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 in-
spection. 
(3) APPLICATION PROCESSING.—The Commis-
sion, 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, 
EFFI-
CIENCY.—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 
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an aspect of the application, shall track and make avail-
able to the public on the Commission’s website information 
related to the actions required to complete the Federal au-
thorizations. 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 ap-
plicable 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 expla-
nation of the reasons for the delay. 
(i) PIPELINE SECURITY.—In considering an applica-
tion for an authorization under section 3 of the Natural 
Gas Act or a certificate of public convenience and neces-
sity under section 7 of such Act, the Federal Energy Reg-
ulatory 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 
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pipeline infrastructure security, pipeline cybersecurity, 
pipeline personnel security, and other pipeline security 
measures. 
SEC. 10009. INTERIM HAZARDOUS WASTE PERMITS FOR 
CRITICAL ENERGY RESOURCE FACILITIES. 
Section 3005(e) of the Solid Waste Disposal Act (42 
U.S.C. 6925(e)) is amended— 
(1) in paragraph (1)(A)— 
(A) in clause (i), by striking ‘‘or’’ at the 
end; 
(B) in clause (ii), by inserting ‘‘or’’ after 
‘‘this section,’’; and 
(C) by adding at the end the following: 
‘‘(iii) is a critical energy resource facility,’’; 
and 
(2) by adding at the end the following: 
‘‘(4) DEFINITIONS.—For the purposes of this sub-
section: 
‘‘(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 vulner-
able to disruption. 
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‘‘(B) CRITICAL ENERGY RESOURCE FACILITY.— 
The term ‘critical energy resource facility’ means a 
facility that processes or refines a critical energy re-
source.’’. 
SEC. 10010. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY 
RESOURCE FACILITIES. 
(a) IN GENERAL.—The Administrator of the Envi-
ronmental 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 permit-
ting (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 re-
source facility; and 
(2) facilitate flexible, market-responsive oper-
ations (as described in the final rule identified in 
paragraph (1)) with respect to critical energy re-
source facilities. 
(b) DEFINITIONS.—In this section: 
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(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 re-
source. 
SEC. 10011. NATIONAL SECURITY OR ENERGY SECURITY 
WAIVERS TO PRODUCE CRITICAL ENERGY 
RESOURCES. 
(a) CLEAN AIR ACT REQUIREMENTS.— 
(1) IN GENERAL.—If the Administrator of the 
Environmental Protection Agency, in consultation 
with the Secretary of Energy, determines that, by 
reason of a sudden increase in demand for, or a 
shortage of, a critical energy resource, or another 
cause, the processing or refining of a critical energy 
resource at a critical energy resource facility is nec-
essary to meet the national security or energy secu-
rity needs of the United States, then the Adminis-
trator may, with or without notice, hearing, or other 
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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 prac-
ticable, does not result in a conflict with a require-
ment 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 sub-
section is in conflict with any requirement of a Fed-
eral, 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 crimi-
nal liability, or a citizen suit under such environ-
mental law or regulation. 
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(4) EXPIRATION AND RENEWAL OF WAIVERS.— 
A waiver issued under this subsection shall expire 
not later than 90 days after it is issued. The Admin-
istrator 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 Admin-
istrator determines necessary to meet the national 
security or energy security needs described in para-
graph (1) and serve the public interest. In renewing 
or reissuing a waiver under this paragraph, the Ad-
ministrator shall include in any such renewed or re-
issued 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 EN-
ERGY
RESOURCE
FACILITY
DEFINED.—The terms 
‘‘critical energy resource’’ and ‘‘critical energy re-
source facility’’ have the meanings given such terms 
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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 fol-
lowing: 
‘‘SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE 
FACILITIES. 
‘‘(a) IN GENERAL.—If the Administrator, in con-
sultation with the Secretary of Energy, determines that, 
by reason of a sudden increase in demand for, or a short-
age 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 no-
tice, 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 Ad-
ministrator, 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 
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of a covered requirement under this section, to the max-
imum 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 con-
flict 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 require-
ment, 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 pe-
riod, 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 Adminis-
trator shall include in any such renewed or reissued waiver 
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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 ‘cov-
ered requirement’ means— 
‘‘(A) any standard established under sec-
tion 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 vulner-
able to disruption. 
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‘‘(3) CRITICAL ENERGY RESOURCE FACILITY.— 
The term ‘critical energy resource facility’ means a 
facility that processes or refines a critical energy re-
source.’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents 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. 10012. ENDING FUTURE DELAYS IN CHEMICAL SUB-
STANCE REVIEW FOR CRITICAL ENERGY RE-
SOURCES. 
Section 5(a) of the Toxic Substances Control Act (15 
U.S.C. 2604(a)) is amended by adding at the end the fol-
lowing: 
‘‘(6) CRITICAL ENERGY RESOURCES.— 
‘‘(A) STANDARD.—For purposes of a de-
termination under paragraph (3) with respect 
to a chemical substance that is a critical energy 
resource, the Administrator shall take into con-
sideration economic, societal, and environmental 
costs and benefits, notwithstanding any require-
ment of this section to not take such factors 
into consideration. 
‘‘(B) FAILURE
TO
RENDER
DETERMINA-
TION.— 
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‘‘(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 ap-
plicable 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 Adminis-
trator may not suggest to, or request of, a sub-
mitter of a notice under this subsection for a 
chemical substance that is a critical energy re-
source that such submitter withdraw such no-
tice, or request a suspension of the running of 
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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 En-
ergy, any energy resource— 
‘‘(i) that is essential to the energy sec-
tor and energy systems of the United 
States; and 
‘‘(ii) the supply chain of which is vul-
nerable to disruption.’’. 
SEC. 10013. NATURAL GAS TAX REPEAL. 
(a) REPEAL.—Section 136 of the Clean Air Act (42 
U.S.C. 7436)(relating to methane emissions and waste re-
duction 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. 
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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 re-
duction fund) is repealed. 
SEC. 10015. KEEPING AMERICA’S REFINERIES OPERATING. 
(a) IN GENERAL.—The owner or operator of a sta-
tionary 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 assess-
ment under clause (ii) of such section 112(r)(7)(B) an as-
sessment of safer technology and alternative risk manage-
ment 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 
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(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 dem-
onstrates to the Administrator of the Environmental 
Protection Agency that such stationary source con-
forms or will conform to the most recent version of 
American Petroleum Institute Recommended Prac-
tice 751. 
SEC. 10016. HOMEOWNER ENERGY FREEDOM. 
(a) IN GENERAL.—The following are repealed: 
(1) Section 50122 of Public Law 117–169 (42 
U.S.C. 18795a) (relating to a high-efficiency electric 
home rebate program). 
(2) Section 50123 of Public Law 117–169 (42 
U.S.C. 18795b) (relating to State-based home en-
ergy 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. 
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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 pro-
gram (as defined in section 50122(d)),’’. 
DIVISION 
B—TRANSPARENCY, 
ACCOUNTABILITY, 
PERMIT-
TING, AND PRODUCTION OF 
AMERICAN RESOURCES 
SEC. 20001. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Transparency, Accountability, Permitting, and Produc-
tion of American Resources Act’’ or the ‘‘TAPP American 
Resources Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this division is as follows: 
DIVISION B—TAPP AMERICAN RESOURCES 
Sec. 20001. Short title; table of contents. 
TITLE I—ONSHORE AND OFFSHORE LEASING AND OVERSIGHT 
Sec. 20101. Onshore oil and gas leasing. 
Sec. 20102. Lease reinstatement. 
Sec. 20103. Protested lease sales. 
Sec. 20104. Suspension of operations. 
Sec. 20105. Administrative protest process reform. 
Sec. 20106. Leasing and permitting transparency. 
Sec. 20107. Offshore oil and gas leasing. 
Sec. 20108. Five-year plan for offshore oil and gas leasing. 
Sec. 20109. Geothermal leasing. 
Sec. 20110. Leasing for certain qualified coal applications. 
Sec. 20111. Future coal leasing. 
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Sec. 20112. Staff planning report. 
Sec. 20113. Prohibition on Chinese communist party ownership interest. 
Sec. 20114. Effect on other law. 
TITLE II—PERMITTING STREAMLINING 
Sec. 20201. Definitions. 
Sec. 20202. BUILDER Act. 
Sec. 20203. Codification of National Environmental Policy Act regulations. 
Sec. 20204. Non-major Federal actions. 
Sec. 20205. No net loss determination for existing rights-of-way. 
Sec. 20206. Determination of National Environmental Policy Act adequacy. 
Sec. 20207. Determination regarding rights-of-way. 
Sec. 20208. Terms of rights-of-way. 
Sec. 20209. Funding to process permits and develop information technology. 
Sec. 20210. Offshore geological and geophysical survey licensing. 
Sec. 20211. Deferral of applications for permits to drill. 
Sec. 20212. Processing and terms of applications for permits to drill. 
Sec. 20213. Amendments to the Energy Policy Act of 2005. 
Sec. 20214. Access to Federal energy resources from non-Federal surface es-
tate. 
Sec. 20215. Scope of environmental reviews for oil and gas leases. 
Sec. 20216. Expediting approval of gathering lines. 
Sec. 20217. Lease sale litigation. 
Sec. 20218. Limitation on claims. 
Sec. 20219. Government Accountability Office report on permits to drill. 
Sec. 20220. E–NEPA. 
TITLE III—PERMITTING FOR MINING NEEDS 
Sec. 20301. Definitions. 
Sec. 20302. Minerals supply chain and reliability. 
Sec. 20303. Federal register process improvement. 
Sec. 20304. Designation of mining as a covered sector for Federal permitting 
improvement purposes. 
Sec. 20305. Treatment of actions under presidential determination 2022–11 for 
Federal permitting improvement purposes. 
Sec. 20306. Notice for mineral exploration activities with limited surface dis-
turbance. 
Sec. 20307. Use of mining claims for ancillary activities. 
Sec. 20308. Ensuring consideration of uranium as a critical mineral. 
Sec. 20309. Barring foreign bad actors from operating on Federal lands. 
TITLE IV—FEDERAL LAND USE PLANNING 
Sec. 20401. Federal land use planning and withdrawals. 
Sec. 20402. Prohibitions on delay of mineral development of certain Federal 
land. 
Sec. 20403. Definitions. 
TITLE V—ENSURING COMPETITIVENESS ON FEDERAL LANDS 
Sec. 20501. Incentivizing domestic production. 
TITLE VI—ENERGY REVENUE SHARING 
Sec. 20601. Gulf of Mexico Outer Continental Shelf revenue. 
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Sec. 20602. Parity in offshore wind revenue sharing. 
Sec. 20603. Elimination of administrative fee under the Mineral Leasing Act. 
TITLE I—ONSHORE AND OFF-
SHORE LEASING AND OVER-
SIGHT 
SEC. 20101. ONSHORE OIL AND GAS LEASING. 
(a) REQUIREMENT TO IMMEDIATELY RESUME ON-
SHORE OIL AND GAS LEASE SALES.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior 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 Inte-
rior shall ensure— 
(A) that any oil and gas lease sale pursu-
ant to paragraph (1) is conducted immediately 
on completion of all applicable scoping, public 
comment, and environmental analysis require-
ments under the Mineral Leasing Act (30 
U.S.C. 181 et seq.) and the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); and 
(B) that the processes described in sub-
paragraph (A) are conducted in a timely man-
ner to ensure compliance with subsection (b)(1). 
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(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 Min-
eral 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. 
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(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 Min-
eral 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, develop-
ment, and production under the resource manage-
ment 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 re-
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ceive a bid is equal to or greater than 25 per-
cent 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 other-
wise missed the Secretary of the Interior shall sub-
mit to the Committee on Natural Resources of the 
House of Representatives and the Committee on En-
ergy 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 Geo-
thermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) by 
the Secretary shall be not considered a major Federal ac-
tion under section 102(2)(C) of the National Environ-
mental 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 Sec-
retary shall resolve any protest to a lease sale not later 
than 60 days after such payment.’’ after ‘‘annual rental 
for the first lease year.’’. 
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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 sus-
pension 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 like-
wise 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 fol-
lowing: 
‘‘(s) PROTEST FILING FEE.— 
‘‘(1) IN GENERAL.—Before processing any pro-
test filed under this section, the Secretary shall col-
lect a filing fee in the amount described in para-
graph (2) from the protestor to recover the cost for 
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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 ap-
plication 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 pub-
lished by the Bureau of Labor Statistics, for 
the previous 12 months. 
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‘‘(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 Reg-
ister.’’. 
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 Com-
mittee on Natural Resources of the House of Representa-
tives and the Committee on Energy and Natural Re-
sources of the Senate a report that describes— 
(1) the status of nominated parcels for future 
onshore oil and gas and geothermal lease sales, in-
cluding— 
(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 deter-
mined that the relevant area meets all ap-
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plicable requirements for leasing, but has 
not offered the relevant area in a lease 
sale; 
(B) how long expressions of interest de-
scribed 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 de-
scribed 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 re-
ceived each month, by each Bureau of Land Man-
agement office, including— 
(A) a description of the cause of delay for 
pending applications, including as a result of 
staffing shortages, technical limitations, incom-
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plete applications, and incomplete review pursu-
ant to the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) or other ap-
plicable 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 sur-
veys 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 manage-
ment regional office, including— 
(A) a description of any cause of delay for 
pending applications, including as a result of 
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staffing shortages, technical limitations, incom-
plete applications, and incomplete review pursu-
ant to the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) or other ap-
plicable 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 geologi-
cal 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 re-
ceived each month, by each Bureau of Safety and 
Environmental Enforcement regional office, includ-
ing— 
(A) a description of any cause of delay for 
pending applications, including as a result of 
staffing shortages, technical limitations, incom-
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plete applications, and incomplete review pursu-
ant to the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) or other ap-
plicable laws; 
(B) the number of days an application has 
been pending; and 
(C) steps the Bureau of Safety and Envi-
ronmental 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 Manage-
ment, and the Bureau of Safety and Environmental 
Enforcement determines whether to— 
(A) issue a license for geological and geo-
physical 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 
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Land Management, the Bureau of Ocean Energy 
Management, or the Bureau of Safety and Environ-
mental Enforcement for final approval; 
(10) the degree to which Bureau of Land Man-
agement, Bureau of Ocean Energy Management, 
and Bureau of Safety and Environmental Enforce-
ment field, State, and regional offices exercise dis-
cretion on such final approval; 
(11) during the period of 365 days that ends on 
the date on which the report is submitted, the num-
ber 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 en-
actment of this section, the Secretary of the Interior 
shall— 
(1) complete all requirements under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and other applicable law that must be 
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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 enact-
ment 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 enact-
ment of this subsection, and each month thereafter, 
the Secretary shall publish on the website of the De-
partment of the Interior the number of pending and 
approved applications for permits to drill in the pre-
ceding month in each State office. 
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‘‘(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 Depart-
ment 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 ap-
proved expressions of interest for onshore oil 
and gas lease sales during such 5-year period; 
and 
‘‘(B) the number of approved and not ap-
proved 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
GEO-
PHYSICAL
SURVEY
LICENSES.—Not later than 30 
days after the date of the enactment of this sub-
section, and each month thereafter, the Secretary 
shall publish on the website of the Department of 
the Interior the number of pending and approved 
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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 enact-
ment of this subsection, and each month thereafter, 
the Secretary shall publish on the website of the De-
partment 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 Depart-
ment of the Interior, with respect each month during 
the 5-year period ending on the date of the enact-
ment of this subsection— 
‘‘(A) the number of approved applications 
for licenses for offshore geological and geo-
physical surveys; and 
‘‘(B) the number of approved applications 
for permits to drill on the outer Continental 
Shelf.’’. 
(d) REQUIREMENT TO SUBMIT DOCUMENTS
AND 
COMMUNICATIONS.— 
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(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this section, the Sec-
retary 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 communica-
tions relating to the comprehensive review of Federal 
oil and gas permitting and leasing practices required 
under section 208 of Executive Order 14008 (86 
Fed. Reg. 7624; relating to tackling the climate cri-
sis at home and abroad). 
(2) INCLUSIONS.—The submission under para-
graph (1) shall include all documents and commu-
nications submitted to the Secretary of the Interior 
by members of the public in response to any public 
meeting or forum relating to the comprehensive re-
view 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 (No-
vember 2016) that have not been conducted as of the date 
of the enactment of this Act by not later than September 
30, 2023. 
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(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 re-
gion-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.—Not-
withstanding any other provision of law, beginning in fis-
cal 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 
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(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 re-
vise,’’ 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 ‘‘domes-
tic 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 fol-
lowing: 
‘‘(f) FIVE-YEAR PROGRAM
FOR 2023–2028.—The 
Secretary shall issue the five-year oil and gas leasing pro-
gram for 2023 through 2028 and issue the Record of De-
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cision 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 sec-
tion, the Secretary shall begin preparing the subse-
quent oil and gas leasing program under this sec-
tion. 
‘‘(2) REQUIREMENT.—Each subsequent oil and 
gas leasing program under this section shall be ap-
proved by not later than 180 days before the expira-
tion of the previous oil and gas leasing program.’’. 
SEC. 20109. GEOTHERMAL LEASING. 
(a) ANNUAL LEASING.—Section 4(b) of the Geo-
thermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amend-
ed— 
(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 fol-
lowing: 
‘‘(3) REPLACEMENT
SALES.—If a lease sale 
under paragraph (1) for a year is canceled or de-
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layed, 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 man-
agement plan in effect for the State.’’. 
(b) DEADLINES
FOR
CONSIDERATION
OF
GEO-
THERMAL DRILLING PERMITS.—Section 4 of the Geo-
thermal Steam Act of 1970 (30 U.S.C. 1003) is amended 
by adding at the end the following: 
‘‘(h) DEADLINES
FOR CONSIDERATION
OF GEO-
THERMAL 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 appli-
cant 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. 
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‘‘(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 ap-
plication not later than 30 days after the Secretary 
notifies the applicant that the application is com-
plete.’’. 
SEC. 20110. LEASING FOR CERTAIN QUALIFIED COAL AP-
PLICATIONS. 
(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 pend-
ing under the lease by application program adminis-
tered 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 Regu-
lations (as in effect on the date of the enactment of 
this Act), for which the environmental review proc-
ess under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) has commenced. 
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(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 assess-
ment, as required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and any applicable implementing regula-
tions; 
(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 Depart-
ment of the Interior or any bureau, agency, or divi-
sion 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 pro-
gram, Secretarial Order 3338, issued by the Secretary of 
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the Interior on January 15, 2016, shall have no force or 
effect. 
SEC. 20112. STAFF PLANNING REPORT. 
The Secretary of the Interior and the Secretary of 
Agriculture shall each annually submit to the Committee 
on Natural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the 
Senate a report on the staffing capacity of each respective 
agency with respect to issuing oil, gas, hardrock mining, 
coal, and renewable energy leases, rights-of-way, claims, 
easements, and permits. Each such report shall include— 
(1) the number of staff assigned to process and 
issue oil, gas, hardrock mining, coal, and renewable 
energy leases, rights-of-way, claims, easements, and 
permits; 
(2) a description of how many staff are needed 
to meet statutory requirements for such oil, gas, 
hardrock mining, coal, and renewable energy leases, 
rights-of-way, claims, easements, and permits; and 
(3) how, as applicable, the Department of the 
Interior or the Department of Agriculture plans to 
address staffing shortfalls and turnover to ensure 
adequate staffing to process and issue such oil, gas, 
hardrock mining, coal, and renewable energy leases, 
rights-of-way, claims, easements, and permits. 
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SEC. 20113. PROHIBITION ON CHINESE COMMUNIST PARTY 
OWNERSHIP INTEREST. 
Notwithstanding any other provision of law, the Com-
munist Party of China (or a person acting on behalf of 
the Community Party of China) may not acquire any in-
terest with respect to lands leased for oil or gas under 
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
seq.). 
SEC. 20114. EFFECT ON OTHER LAW. 
Nothing in this division, or any amendments made 
by this division, shall affect— 
(1) 
the 
Presidential 
memorandum 
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 
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(4) the ban on oil and gas development in the 
Great Lakes described in section 386 of the Energy 
Policy Act of 2005 (42 U.S.C. 15941). 
TITLE II—PERMITTING 
STREAMLINING 
SEC. 20201. DEFINITIONS. 
In this title: 
(1) ENERGY FACILITY.—The term ‘‘energy fa-
cility’’ means a facility the primary purpose of which 
is the exploration for, or the development, produc-
tion, conversion, gathering, storage, transfer, proc-
essing, or transportation of, any energy resource. 
(2) ENERGY STORAGE DEVICE.—The term ‘‘en-
ergy storage device’’— 
(A) means any equipment that stores en-
ergy, including electricity, compressed air, 
pumped water, heat, and hydrogen, which may 
be converted into, or used to produce, elec-
tricity; and 
(B) includes a battery, regenerative fuel 
cell, flywheel, capacitor, superconducting mag-
net, and any other equipment the Secretary 
concerned determines may be used to store en-
ergy which may be converted into, or used to 
produce, electricity. 
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(3) PUBLIC LANDS.—The term ‘‘public lands’’ 
means any land and interest in land owned by the 
United States within the several States and adminis-
tered by the Secretary of the Interior or the Sec-
retary 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 re-
newed 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 ‘‘Sec-
retary concerned’’ means— 
(A) with respect to public lands, the Sec-
retary of the Interior; and 
(B) with respect to National Forest Sys-
tem lands, the Secretary of Agriculture. 
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(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 Re-
sources 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 de-
veloped 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’’; 
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(3) in subparagraph (C)— 
(A) by inserting ‘‘consistent with the provi-
sions 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 relation-
ship to the proposed agency action; 
‘‘(ii) any reasonably foreseeable adverse en-
vironmental 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 main-
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tenance and enhancement of long-term produc-
tivity; and 
‘‘(v) any irreversible and irretrievable com-
mitments 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), re-
spectively; 
(6) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(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 re-
sources in carrying out this Act;’’; 
(7) by amending subparagraph (G), as redesig-
nated, to read as follows: 
‘‘(G) consistent with the provisions of this Act, 
study, develop, and describe technically and economi-
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cally feasible alternatives within the jurisdiction and 
authority of the agency;’’; and 
(8) in subparagraph (H), as amended, by in-
serting ‘‘consistent with the provisions of this Act,’’ 
before ‘‘recognize’’. 
(b) NEW SECTIONS.—Title I of the National Envi-
ronmental 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, an-
other Federal agency, or another provision of law; 
‘‘(3) the preparation of such document would 
clearly and fundamentally conflict with the require-
ments 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 
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environmental factors into consideration in deter-
mining 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 stat-
ute’s requirements serve the same or similar func-
tion 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 agen-
cy 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 ef-
fect is unknown, unless the agency finds that a cat-
egorical exclusion established by the agency, another 
Federal agency, or another provision of law applies. 
Such environmental assessment shall be a concise 
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public document prepared by a Federal agency to set 
forth the basis of such agency’s finding of no signifi-
cant 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 sci-
entific 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 involve-
ment. 
‘‘(ii) Project approval or disapproval 
authority. 
‘‘(iii) Expertise concerning the ac-
tion’s environmental effects. 
‘‘(iv) Duration of agency’s involve-
ment. 
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‘‘(v) Sequence of agency’s involve-
ment. 
‘‘(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 para-
graph 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 envi-
ronmental document if, with respect to such 
proposed agency action, there is more than one 
involved Federal agency; 
‘‘(B) request the participation of each co-
operating agency at the earliest practicable 
time; 
‘‘(C) in preparing an environmental docu-
ment, give consideration to any analysis or pro-
posal created by a cooperating agency with ju-
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risdiction by law or a cooperating agency with 
special expertise; 
‘‘(D) develop a schedule, in consultation 
with each involved cooperating agency, the ap-
plicant, and such other entities as the lead 
agency determines appropriate, for completion 
of any environmental review, permit, or author-
ization required to carry out the proposed agen-
cy action; 
‘‘(E) if the lead agency determines that a 
review, permit, or authorization will not be com-
pleted in accordance with the schedule devel-
oped under subparagraph (D), notify the agen-
cy 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, des-
ignate any involved Federal agency or a State, Trib-
al, or local agency as a cooperating agency. A co-
operating agency may, not later than a date speci-
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fied by the lead agency, submit comments to the 
lead agency. Such comments shall be limited to mat-
ters relating to the proposed agency action with re-
spect to which such agency has special expertise or 
jurisdiction by law with respect to an environmental 
issue. 
‘‘(4) REQUEST FOR DESIGNATION.—Any Fed-
eral, 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 ac-
tion under paragraph (1) may submit a written re-
quest for such a designation to an involved Federal 
agency. An agency that receives a request under this 
paragraph shall transmit such request to each in-
volved 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 sub-
stantially affected by the lack of a designation 
of a lead agency may request that the Council 
designate a lead agency. Such request shall con-
sist of— 
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‘‘(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 sub-
paragraph (A), submit to the Council a re-
sponse to such request. 
‘‘(D) DESIGNATION.—Not later than 40 
days after the date of the submission of a re-
quest 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 docu-
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ment is required, such requirement shall be deemed 
satisfied with respect to all involved Federal agencies 
if the lead agency issues such an environmental doc-
ument. 
‘‘(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 en-
vironmental document for a proposed agency action, 
the lead agency and any other involved Federal 
agencies shall only consider the effects of the pro-
posed agency action that— 
‘‘(A) occur on Federal land; or 
‘‘(B) are subject to Federal control and re-
sponsibility. 
‘‘(c) REQUEST FOR PUBLIC COMMENT.—Each notice 
of intent to prepare an environmental impact statement 
under section 102 shall include a request for public com-
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ment on alternatives or impacts and on relevant informa-
tion, 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 under-
lying purpose and need for the proposed agency action. 
‘‘(e) ESTIMATED TOTAL COST.—The cover sheet for 
each environmental impact statement shall include a state-
ment of the estimated total cost of preparing such environ-
mental 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 in-
cluding 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 cita-
tions or appendices. 
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‘‘(2) ENVIRONMENTAL ASSESSMENTS.—An en-
vironmental 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 as-
sessment or an environmental impact statement upon re-
quest 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 para-
graph (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 
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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 en-
vironmental impact statement for such ac-
tion; 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 as-
sessment 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 en-
vironmental assessment for such action. 
‘‘(2) DELAY.—A lead agency that determines it 
is not able to meet the deadline described in para-
graph (1) may extend such deadline with the ap-
proval of the applicant. If the applicant approves 
such an extension, the lead agency shall establish a 
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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 de-
scribed in paragraph (1) or extended under para-
graph (2) up until the date that an applicant ap-
proves 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 assess-
ment and environmental impact statement that 
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such lead agency did not complete by the dead-
line described in subsection (h); and 
‘‘(B) provides an explanation for any fail-
ure 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 respon-
sible for each such environmental assessment 
and environmental impact statement; 
‘‘(B) the date on which— 
‘‘(i) such lead agency notified the ap-
plicant 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 as-
sessment or environmental impact state-
ment for the major Federal action; and 
‘‘(C) when such environmental assessment 
and environmental impact statement is expected 
to be complete. 
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‘‘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 ac-
tion resulting from a determination made under this Act, 
shall be barred unless— 
‘‘(1) in the case of a claim pertaining to a pro-
posed agency action for which— 
‘‘(A) an environmental document was pre-
pared and an opportunity for comment was pro-
vided; 
‘‘(B) the claim is filed by a party that par-
ticipated in the administrative proceedings re-
garding such environmental document; and 
‘‘(C) the claim— 
‘‘(i) is filed by a party that submitted 
a comment during the public comment pe-
riod 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 
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of publication of a notice in the Federal Register of 
agency intent to carry out the proposed agency ac-
tion; 
‘‘(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 estab-
lishment or use of a categorical exclusion under sec-
tion 102; and 
‘‘(5) such claim concerns— 
‘‘(A) an alternative included in the envi-
ronmental 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 im-
pact statement with respect to the same proposed 
agency action. 
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‘‘(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 un-
less— 
‘‘(A) such claim is filed within 120 days of 
the date on which a notice of the Federal agen-
cy 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.—Not-
withstanding 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 sec-
tion 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 environ-
mental document is required shall be vacated or otherwise 
limited, delayed, or enjoined unless a court concludes al-
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lowing such proposed action will pose a risk of an immi-
nent 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 en-
vironment within the meaning of section 102(2)(C). 
‘‘(2) COOPERATING
AGENCY.—The term ‘co-
operating agency’ means any Federal, State, Tribal, 
or local agency that has been designated as a co-
operating 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 environ-
mental 
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. 
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‘‘(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 en-
vironmental 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 func-
tional interdependence or geographic proximity, 
to an action such agency has taken or has pro-
posed 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 ac-
tion— 
‘‘(i) the agency that proposed such ac-
tion; or 
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‘‘(ii) if there are 2 or more involved 
Federal agencies with respect to such ac-
tion, the agency designated under section 
107(a)(1). 
‘‘(B) SPECIFICATION
FOR
MINERAL
EX-
PLORATION OR MINE PERMITS.—With respect 
to a proposed mineral exploration or mine per-
mit, the term ‘lead agency’ has the meaning 
given such term in section 40206(a) of the In-
frastructure Investment and Jobs Act. 
‘‘(10) MAJOR FEDERAL ACTION.— 
‘‘(A) IN GENERAL.—The term ‘major Fed-
eral action’ means an action that the agency 
carrying out such action determines is subject 
to substantial Federal control and responsi-
bility. 
‘‘(B) EXCLUSION.—The term ‘major Fed-
eral 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 
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‘‘(III) that does not include Fed-
eral land; 
‘‘(ii) funding assistance solely in the 
form of general revenue sharing funds 
which do not provide Federal agency com-
pliance or enforcement responsibility over 
the subsequent use of such funds; 
‘‘(iii) loans, loan guarantees, or other 
forms of financial assistance where a Fed-
eral 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 pro-
vided by the Small Business Administra-
tion 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.); 
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100 
‘‘(vi) bringing judicial or administra-
tive civil or criminal enforcement actions; 
or 
‘‘(vii) extraterritorial activities or deci-
sions, which means agency activities or de-
cisions with effects located entirely outside 
of the jurisdiction of the United States. 
‘‘(C) ADDITIONAL EXCLUSIONS.—An agen-
cy 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 PER-
MIT.—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. 
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101 
‘‘(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 doc-
ument; and 
‘‘(B) in an area directly affected by the 
proposed agency action such that an individual 
of ordinary prudence would take such occur-
rence 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 Environ-
mental Quality titled ‘‘Update to the Regulations Imple-
menting the Procedural Provisions of the National Envi-
ronmental 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 con-
cerned with respect to a covered activity shall be not con-
sidered a major Federal action under section 102(2)(C) 
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102 
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 de-
vice to an existing or planned energy facility, if that 
storage resource is located within the physical foot-
print of the existing or planned energy facility; 
(5) drilling temperature gradient wells and 
other geothermal exploratory wells, including con-
struction or making improvements for such activi-
ties, where— 
(A) the last cemented casing string is less 
than 12 inches in diameter; and 
(B) the total unreclaimed surface disturb-
ance at any one time within the project area is 
less than 5 acres; 
(6) any repair, maintenance, upgrade, optimiza-
tion, or minor addition to existing transmission and 
distribution infrastructure, including— 
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103 
(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 tow-
ers, transformers, bushings, or relays; 
(C) the voltage uprating, modification, 
reconductoring with conventional or advanced 
conductors, and clearance resolution of trans-
mission lines; 
(D) activities to minimize fire risk, includ-
ing vegetation management, routine fire mitiga-
tion, inspection, and maintenance activities, and 
removal of hazard trees and other hazard vege-
tation 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 de-
scribed in subparagraph (A) through (E); 
(7) approval of and activities conducted in ac-
cordance with operating plans or agreements for 
transmission and distribution facilities or under a 
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104 
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 with-
in 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 Sec-
retary concerned that there will be no overall long-term 
net loss of vegetation, soil, or habitat, as defined by acre-
age and function, resulting from a proposed action, deci-
sion, 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, deci-
sion, or activity shall not be considered a major Federal 
action under section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 
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105 
(b) INCLUSION OF REMEDIATION.—In making a de-
termination 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 over-
all long-term net loss of vegetation, soil, or habitat. 
SEC. 20206. DETERMINATION OF NATIONAL ENVIRON-
MENTAL POLICY ACT ADEQUACY. 
The Secretary concerned shall use previously com-
pleted environmental assessments and environmental im-
pact 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 al-
ternative analyzed in a previous environmental as-
sessment or environmental impact statement; and 
(2) the effects of the proposed action are sub-
stantially 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 Sec-
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