194 
clause (ii) for the applicable fiscal year 
shall be made available in accordance with 
such subclause during the fiscal year im-
mediately following the applicable fiscal 
year. 
‘‘(iv) AUTHORIZED USES.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), each eligible State 
shall use all amounts received under 
clause (ii)(II) in accordance with all 
applicable Federal and State laws, 
only for 1 or more of the following 
purposes: 
‘‘(aa) Projects and activities 
for the purposes of coastal pro-
tection and resiliency, including 
conservation, coastal restoration, 
estuary 
management, 
beach 
nourishment, hurricane and flood 
protection, and infrastructure di-
rectly affected by coastal wetland 
losses. 
‘‘(bb) Mitigation of damage 
to fish, wildlife, or natural re-
195 
sources, including through fish-
eries science and research. 
‘‘(cc) Implementation of a 
federally approved marine, coast-
al, or comprehensive conservation 
management plan. 
‘‘(dd) Mitigation of the im-
pact of outer Continental Shelf 
activities through the funding of 
onshore infrastructure projects. 
‘‘(ee) Planning assistance 
and the administrative costs of 
complying with this section. 
‘‘(ff) Infrastructure improve-
ments at ports, including modi-
fications to Federal navigation 
channels, to support installation 
of offshore wind energy projects. 
‘‘(II) 
LIMITATION.—Of 
the 
amounts received by an eligible State 
under clause (ii)(II), not more than 3 
percent shall be used for the purposes 
described in subclause (I)(ee). 
‘‘(v) ADMINISTRATION.—Subject to 
clause (vi)(III), amounts made available
196 
under items (aa) and (cc) of clause (ii)(I) 
shall— 
‘‘(I) be made available, without 
further appropriation, in accordance 
with this subparagraph; 
‘‘(II) remain available until ex-
pended; and 
‘‘(III) be in addition to any 
amount appropriated under any other 
Act. 
‘‘(vi) REPORTING REQUIREMENT.— 
‘‘(I) IN
GENERAL.—Not later 
than 180 days after the end of each 
fiscal year, the Governor of each eligi-
ble State that receives amounts under 
clause (ii)(II) for the applicable fiscal 
year shall submit to the Secretary a 
report that describes the use of the 
amounts by the eligible State during 
the period covered by the report. 
‘‘(II) PUBLIC AVAILABILITY.—On 
receipt of a report submitted under 
subclause (I), the Secretary shall 
make the report available to the pub-
197 
lic on the website of the Department 
of the Interior. 
‘‘(III) LIMITATION.—If the Gov-
ernor of an eligible State that receives 
amounts under clause (ii)(II) fails to 
submit the report required under sub-
clause (I) by the deadline specified in 
that subclause, any amounts that 
would otherwise be provided to the eli-
gible State under clause (ii)(II) for 
the succeeding fiscal year shall be de-
posited in the Treasury. 
‘‘(vii) TREATMENT
OF
AMOUNTS.— 
Amounts disbursed to an eligible State 
under this subsection shall be treated as 
revenue sharing and not as a Federal 
award or grant for the purposes of part 
200 of title 2, Code of Federal Regula-
tions.’’. 
(b) WIND LEASE SALES FOR AREAS OF THE OUTER 
CONTINENTAL SHELF OFFSHORE OF TERRITORIES OF 
THE UNITED STATES.—Section 33 of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1356c) is amended by 
adding at the end the following:
198 
‘‘(b) WIND LEASE SALE PROCEDURE.—Any wind 
lease granted pursuant to this section shall be considered 
a wind lease granted under section 8(p), including for pur-
poses of the disposition of revenues pursuant to subpara-
graphs (B) and (C) of section 8(p)(2).’’. 
(c) EXEMPTION OF CERTAIN PAYMENTS FROM SE-
QUESTRATION.— 
(1) IN GENERAL.—Section 255(g)(1)(A) of the 
Balanced Budget and Emergency Deficit Control 
Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by 
inserting after ‘‘Payments to Social Security Trust 
Funds (28–0404–0–1–651).’’ the following: 
‘‘Payments to States pursuant to subparagraph 
(C)(ii)(I)(cc) of section 8(p)(2) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1337(p)(2)).’’. 
(2) APPLICABILITY.—The amendment made by 
this subsection shall apply to any sequestration 
order issued under the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (2 U.S.C. 900 et 
seq.) on or after the date of enactment of this Act. 
SEC. 20603. ELIMINATION OF ADMINISTRATIVE FEE UNDER 
THE MINERAL LEASING ACT. 
(a) IN GENERAL.—Section 35 of the Mineral Leasing 
Act (30 U.S.C. 191) is amended—
199 
(1) in subsection (a), in the first sentence, by 
striking ‘‘and, subject to the provisions of subsection 
(b),’’; 
(2) by striking subsection (b); 
(3) by redesignating subsections (c) and (d) as 
subsections (b) and (c), respectively; 
(4) in paragraph (3)(B)(ii) of subsection (b) (as 
so redesignated), by striking ‘‘subsection (d)’’ and 
inserting ‘‘subsection (c)’’; and 
(5) in paragraph (3)(A)(ii) of subsection (c) (as 
so redesignated), by striking ‘‘subsection (c)(2)(B)’’ 
and inserting ‘‘subsection (b)(2)(B)’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 6(a) of the Mineral Leasing Act for 
Acquired Lands (30 U.S.C. 355(a)) is amended— 
(A) in the first sentence, by striking ‘‘Sub-
ject to the provisions of section 35(b) of the 
Mineral Leasing Act (30 U.S.C. 191(b)), all’’ 
and inserting ‘‘All’’; and 
(B) in the second sentence, by striking ‘‘of 
the Act of February 25, 1920 (41 Stat. 450; 30 
U.S.C. 191),’’ and inserting ‘‘of the Mineral 
Leasing Act (30 U.S.C. 191)’’. 
(2) Section 20(a) of the Geothermal Steam Act 
of 1970 (30 U.S.C. 1019(a)) is amended, in the sec-
200 
ond sentence of the matter preceding paragraph (1), 
by striking ‘‘the provisions of subsection (b) of sec-
tion 35 of the Mineral Leasing Act (30 U.S.C. 
191(b)) and section 5(a)(2) of this Act’’ and insert-
ing ‘‘section 5(a)(2)’’. 
(3) Section 205(f) of the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 
1735(f)) is amended— 
(A) in the first sentence, by striking ‘‘this 
Section’’ and inserting ‘‘this section’’; and 
(B) by striking the fourth, fifth, and sixth 
sentences. 
SEC. 20604. SUNSET. 
This title, and the amendments made by this title, 
shall cease to have effect on September 30, 2032, and on 
such date the provisions of law amended by this title shall 
be restored or revived as if this title had not been enacted. 
DIVISION 
C—WATER 
QUALITY 
CERTIFICATION AND ENERGY 
PROJECT IMPROVEMENT 
SEC. 30001. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Water Quality Certification and Energy Project Improve-
ment Act of 2023’’.
201 
(b) TABLE OF CONTENTS.—The table of contents of 
this division is as follows: 
DIVISION C—WATER QUALITY CERTIFICATION AND ENERGY 
PROJECT IMPROVEMENT 
Sec. 30001. Short title; table of contents. 
Sec. 30002. Certification. 
Sec. 30003. Federal general permits. 
SEC. 30002. CERTIFICATION. 
Section 401 of the Federal Water Pollution Control 
Act (33 U.S.C. 1341) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in the first sentence, by striking 
‘‘may result’’ and inserting ‘‘may directly 
result’’; 
(ii) in the second sentence, by striking 
‘‘activity’’ and inserting ‘‘discharge’’; 
(iii) in the third sentence, by striking 
‘‘applications’’ each place it appears and 
inserting ‘‘requests’’; 
(iv) in the fifth sentence, by striking 
‘‘act on’’ and inserting ‘‘grant or deny’’; 
and 
(v) by inserting after the fourth sen-
tence the following: ‘‘Not later than 30 
days after the date of enactment of the 
Water Quality Certification and Energy
202 
Project Improvement Act of 2023, each 
State and interstate agency that has au-
thority to give such a certification, and the 
Administrator, shall publish requirements 
for certification to demonstrate to such 
State, such interstate agency, or the Ad-
ministrator, as the case may be, compli-
ance with the applicable provisions of sec-
tions 301, 302, 303, 306, and 307. A deci-
sion to grant or deny a request for certifi-
cation shall be based only on the applicable 
provisions of sections 301, 302, 303, 306, 
and 307, and the grounds for the decision 
shall be set forth in writing and provided 
to the applicant. Not later than 90 days 
after receipt of a request for certification, 
the State, interstate agency, or Adminis-
trator, as the case may be, shall identify in 
writing all specific additional materials or 
information that are necessary to grant or 
deny the request.’’; 
(B) in paragraph (2)— 
(i) in the second sentence, by striking 
‘‘notice of application for such Federal li-
203 
cense or permit’’ and inserting ‘‘receipt of 
a notice under the preceding sentence’’; 
(ii) in the third sentence, by striking 
‘‘any water quality requirement’’ and in-
serting ‘‘any applicable provision of section 
301, 302, 303, 306, or 307’’; 
(iii) in the fifth sentence, by striking 
‘‘insure compliance with applicable water 
quality requirements.’’ and inserting ‘‘en-
sure compliance with the applicable provi-
sions of sections 301, 302, 303, 306, and 
307.’’; 
(iv) in the final sentence, by striking 
‘‘insure’’ and inserting ‘‘ensure’’; and 
(v) by striking the first sentence and 
inserting ‘‘On receipt of a request for cer-
tification, the certifying State or interstate 
agency, as applicable, shall immediately 
notify the Administrator of the request.’’; 
(C) in paragraph (3), in the second sen-
tence, by striking ‘‘section’’ and inserting ‘‘any 
applicable provision of section’’; 
(D) in paragraph (4)— 
(i) in the first sentence, by striking 
‘‘applicable effluent limitations or other
204 
limitations or other applicable water qual-
ity requirements will not be violated’’ and 
inserting ‘‘no applicable provision of sec-
tion 301, 302, 303, 306, or 307 will be vio-
lated’’; 
(ii) in the second sentence, by striking 
‘‘will violate applicable effluent limitations 
or other limitations or other water quality 
requirements’’ and inserting ‘‘will directly 
result in a discharge that violates an appli-
cable provision of section 301, 302, 303, 
306, or 307,’’; and 
(iii) in the third sentence, by striking 
‘‘such facility or activity will not violate the 
applicable provisions’’ and inserting ‘‘oper-
ation of such facility or activity will not di-
rectly result in a discharge that violates 
any applicable provision’’; and 
(E) in paragraph (5), by striking ‘‘the ap-
plicable provisions’’ and inserting ‘‘any applica-
ble provision’’; 
(2) in subsection (d), by striking ‘‘any applica-
ble effluent limitations and other limitations, under 
section 301 or 302 of this Act, standard of perform-
ance under section 306 of this Act, or prohibition,
205 
effluent standard, or pretreatment standard under 
section 307 of this Act, and with any other appro-
priate requirement of State law set forth in such 
certification, and’’ and inserting ‘‘the applicable pro-
visions of sections 301, 302, 303, 306, and 307, and 
any such limitations or requirements’’; and 
(3) by adding at the end the following: 
‘‘(e) For purposes of this section, the applicable pro-
visions of sections 301, 302, 303, 306, and 307 are any 
applicable effluent limitations and other limitations, under 
section 301 or 302, standard of performance under section 
306, prohibition, effluent standard, or pretreatment stand-
ard under section 307, and requirement of State law im-
plementing water quality criteria under section 303 nec-
essary to support the designated use or uses of the receiv-
ing navigable waters.’’. 
SEC. 30003. FEDERAL GENERAL PERMITS. 
Section 402(a) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1342(a)) is amended by adding at the 
end the following: 
‘‘(6)(A) The Administrator is authorized to issue gen-
eral permits under this section for discharges of similar 
types from similar sources. 
‘‘(B) The Administrator may require submission of 
a notice of intent to be covered under a general permit
206 
issued under this section, including additional information 
that the Administrator determines necessary. 
‘‘(C) If a general permit issued under this section will 
expire and the Administrator decides not to issue a new 
general permit for discharges similar to those covered by 
the expiring general permit, the Administrator shall pub-
lish in the Federal Register a notice of such decision at 
least two years prior to the expiration of the general per-
mit. 
‘‘(D) If a general permit issued under this section 
expires and the Administrator has not published a notice 
in accordance with subparagraph (C), until such time as 
the Administrator issues a new general permit for dis-
charges similar to those covered by the expired general 
permit, the Administrator shall— 
‘‘(i) continue to apply the terms, conditions, 
and requirements of the expired general permit to 
any discharge that was covered by the expired gen-
eral permit; and 
‘‘(ii) apply such terms, conditions, and require-
ments to any discharge that would have been cov-
ered by the expired general permit (in accordance
207 
with any relevant requirements for such coverage) if 
the discharge had occurred before such expiration.’’. 
Passed the House of Representatives March 30, 
2023. 
Attest: 
Clerk.
118TH CONGRESS 
1ST SESSION 
H. R. 1 
AN ACT 
To lower energy costs by increasing American en-
ergy production, exports, infrastructure, and crit-
ical minerals processing, by promoting trans-
parency, accountability, permitting, and produc-
tion of American resources, and by improving 
water quality certification and energy projects, 
and for other purposes.