tion under section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 
SEC. 103. 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.’’. 
SEC. 104. 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.’’. 
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SEC. 105. 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 
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. 
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‘‘(3) ADJUSTMENT.— 
‘‘(A) IN GENERAL.—Beginning on January 
1, 2022, 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. 
‘‘(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. 106. 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— 
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(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-
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); 
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(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-
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; 
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(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 
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; 
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(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 
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 
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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. 
‘‘(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.’’. 
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(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 
applications for licenses for offshore to 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 
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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.— 
(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 
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meeting or forum relating to the comprehensive re-
view described in that paragraph. 
SEC. 107. 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. 
(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, 
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as described in the 2017–2022 Outer Continental Shelf 
Oil and Gas Leasing Proposed Final Program (November 
2016). 
(d) REQUIREMENTS.—In conducting lease sales 
under subsections (b) and (c), the Secretary of the Interior 
shall— 
(1) issue such leases in accordance with the 
Outer Continental Shelf Lands Act (43 U.S.C. 1332 
et seq.); and 
(2) include in each such lease sale all unleased 
areas that are not subject to a moratorium as of the 
date of the lease sale. 
SEC. 108. 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 
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(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-
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.’’. 
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SEC. 109. 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-
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.— 
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‘‘(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. 
‘‘(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. 110. LEASING FOR CERTAIN QUALIFIED COAL APPLI-
CATIONS. 
(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. 
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(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. 
(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 
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(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. 111. 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 
the Interior on January 15, 2016, shall have no force or 
effect. 
SEC. 112. 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; 
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(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. 
TITLE II—PERMITTING 
STREAMLINING 
SEC. 201. 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 
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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. 
(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 
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(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. 
(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)). 
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SEC. 202. BUILDER ACT. 
(a) PARAGRAPH (2) OF SECTION 102.—Section 
102(2) of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332(2)) is amended— 
(1) in subparagraph (A), by striking ‘‘insure’’ 
and inserting ‘‘ensure’’; 
(2) in subparagraph (B), by striking ‘‘insure’’ 
and inserting ‘‘ensure’’; 
(3) in subparagraph (C)— 
(A) by inserting ‘‘consistent with the 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 
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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-
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; 
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‘‘(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-
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 a Federal 
agency or by another provision of law; 
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‘‘(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 
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 
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to have a significant effect on the quality of the 
human environment, or if the significance of such ef-
fect is unknown. Such environmental assessment 
shall be a concise public document prepared by a 
Federal agency to set forth the basis of such agen-
cy’s finding of no significant impact. 
‘‘(3) SOURCES OF INFORMATION.—In making a 
determination under this subsection, an agency— 
‘‘(A) may make use of any reliable data 
source; and 
‘‘(B) is not required to undertake new 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. 
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‘‘(iii) Expertise concerning the ac-
tion’s environmental effects. 
‘‘(iv) Duration of agency’s involve-
ment. 
‘‘(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; 
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‘‘(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-
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 
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‘‘(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-
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 
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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— 
‘‘(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 
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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-
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 
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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-
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 
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‘‘(i) the date on which such agency 
determines that section 102(2)(C) requires 
the issuance of an environmental impact 
statement with respect to such action; 
‘‘(ii) the date on which such agency 
notifies the applicant that the application 
to establish a right-of-way for such action 
is complete; and 
‘‘(iii) the date on which such agency 
issues a notice of intent to prepare the 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 
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‘‘(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 
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.— 
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‘‘(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 
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 
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‘‘(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. 
‘‘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-
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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 
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.— 
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