I 
117TH CONGRESS 
2D SESSION 
H. R. 9006 
To establish deadlines for the Secretary of the Interior and the Secretary 
of Agriculture to complete certain environmental reviews, to establish 
notification rules for receipt of onshore right-of-way applications, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2022 
Ms. HERRELL (for herself and Mr. WESTERMAN) introduced the following bill; 
which was referred to the Committee on Natural Resources, and in addi-
tion to the Committee on Agriculture, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To establish deadlines for the Secretary of the Interior and 
the Secretary of Agriculture to complete certain environ-
mental reviews, to establish notification rules for receipt 
of onshore right-of-way applications, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. NATIONAL ENVIRONMENTAL POLICY ACT RE-
VIEW DEADLINES. 
(a) IN GENERAL.—With respect to major Federal ac-
tions carried out by the Secretary of the Interior or the 
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Secretary of Agriculture, the Secretary concerned shall 
complete— 
(1) any environmental assessment required 
under section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) 
relating to the major Federal action by not later 
than 1 year after the sooner of, as applicable— 
(A) the date on which the Secretary con-
cerned notifies the applicant under section 2 
that the application to establish a right-of-way 
for the major Federal action is complete; and 
(B) the date on which the Secretary con-
cerned begins the scoping for the major Federal 
action; and 
(2) any environmental impact statement re-
quired section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) 
relating to the major Federal action by not later 
than 2 years after the sooner of, as applicable— 
(A) the date on which the Secretary con-
cerned notifies the applicant under section 2 
that the application to establish a right-of-way 
for the major Federal action is complete; and 
(B) the date on which the Secretary con-
cerned issues a notice of intent to prepare the 
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environmental impact statement for the major 
Federal action. 
(b) EXTENSION.—The Secretary concerned may ex-
tend a deadline described in subsection (a) with the ap-
proval of the applicant. 
(c) REPORT.— 
(1) IN
GENERAL.—The Secretary concerned 
shall each annually submit to the Committee on 
Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Re-
sources of the Senate a report that— 
(A) identifies any environmental assess-
ment and environmental impact statement that 
is not completed by the appropriate deadline de-
scribed in subsection (a) or the deadline ex-
tended under subsection (b), as applicable; and 
(B) provides an explanation for any failure 
to meet such deadline. 
(2) INCLUSIONS.—Each report submitted under 
paragraph (1) shall identify— 
(A) the respective field office, ranger dis-
trict, or region office, as applicable, responsible 
for each such environmental assessment and en-
vironmental impact statement; 
(B) as applicable, the date on which— 
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(i) the Secretary concerned notifies 
the applicant under section 2 that the ap-
plication to establish a right-of-way for the 
major Federal action is complete; 
(ii) the Secretary concerned begins the 
scoping for the major Federal action; or 
(iii) the Secretary concerned issues a 
notice of intent to prepare the environ-
mental impact statement for the major 
Federal action; and 
(C) when such environmental assessment 
and environmental impact statement is expected 
to be complete. 
SEC. 2. DETERMINATION REGARDING RIGHT-OF-WAY. 
Not later than 60 days after the Secretary concerned 
receives an application to establish a right-of-way, the Sec-
retary concerned shall notify the applicant as to whether 
the application is complete or deficient. If the Secretary 
concerned determines the application is complete, the Sec-
retary concerned may not consider any other application 
to establish a right-of-way on the same or any overlapping 
parcels of land while such application is pending. 
SEC. 3. TERMS OF RIGHTS-OF-WAY. 
(a) FEDERAL LAND POLICY AND MANAGEMENT ACT 
OF 1976.—Section 501 of the Federal Land Policy and 
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Management Act of 1976 (43 U.S.C. 1761) is amended 
by adding at the end the following: 
‘‘(e) Any right-of-way granted, issued, amended, or 
renewed under subsection (a)(4) may be limited to a term 
of not more than 50 years before such right-of-way is sub-
ject to renewal or amendment.’’. 
(b) MINERAL LEASING ACT.—Section 28(n) of the 
Mineral Leasing Act (30 U.S.C. 185(n)) is amended by 
striking ‘‘thirty’’ and inserting ‘‘50’’. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) 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). 
(2) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) with respect to public lands, the Sec-
retary of the Interior; and 
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(B) with respect to National Forest Sys-
tem Lands, the Secretary of Agriculture. 
Æ 
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