216 
‘‘(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.—
217 
‘‘(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
218 
‘‘(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-
219 
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.—
220 
‘‘(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. 
‘‘(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.
221 
‘‘(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-
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.
222 
‘‘(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. 
‘‘(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,
223 
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 
‘‘(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.
224 
‘‘(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 
‘‘(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
225 
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.); 
‘‘(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’
226 
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. 
‘‘(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-
227 
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) 
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—
228 
(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— 
(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;
229 
(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 
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-
230 
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)). 
(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
231 
(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-
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 grant a right-of-way on the same or any overlapping 
parcels of land while such application is pending. 
SEC. 20208. TERMS OF RIGHTS-OF-WAY. 
(a) FIFTY-YEAR TERMS FOR RIGHTS-OF-WAY.— 
(1) IN GENERAL.—Any right-of-way for pipe-
lines for the transportation or distribution of oil or 
gas granted, issued, amended, or renewed under 
Federal law may be limited to a term of not more 
than 50 years before such right-of-way is subject to 
renewal or amendment. 
(2) FEDERAL LAND POLICY AND MANAGEMENT 
ACT OF 1976.—Section 501 of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1761) 
is amended by adding at the end the following:
232 
‘‘(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. 20209. FUNDING TO PROCESS PERMITS AND DEVELOP 
INFORMATION TECHNOLOGY. 
(a) IN GENERAL.—In fiscal years 2023 through 
2025, the Secretary of Agriculture (acting through the 
Forest Service) and the Secretary of the Interior, after 
public notice, may accept and expend funds contributed 
by non-Federal entities for dedicated staff, information re-
source management, and information technology system 
development to expedite the evaluation of permits, biologi-
cal opinions, concurrence letters, environmental surveys 
and studies, processing of applications, consultations, and 
other activities for the leasing, development, or expansion 
of an energy facility under the jurisdiction of the respec-
tive Secretaries. 
(b) EFFECT ON PERMITTING.—In carrying out this 
section, the Secretary of the Interior shall ensure that the 
use of funds accepted under subsection (a) will not impact
233 
impartial decision making with respect to permits, either 
substantively or procedurally. 
(c) STATEMENT FOR FAILURE TO ACCEPT OR EX-
PEND FUNDS.—Not later than 60 days after the end of 
the applicable fiscal year, if the Secretary of Agriculture 
(acting through the Forest Service) or the Secretary of 
the Interior does not accept funds contributed under sub-
section (a) or accepts but does not expend such funds, that 
Secretary shall submit to the Committee on Natural Re-
sources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate 
a statement explaining why such funds were not accepted, 
were not expended, or both, as the case may be. 
(d) PROHIBITION.—Notwithstanding any other provi-
sion of law, the Secretary of Agriculture (acting through 
the Forest Service) and the Secretary of the Interior may 
not accept contributions, as authorized by subsection (a), 
from non-Federal entities owned by the Communist Party 
of China (or a person or entity acting on behalf of the 
Communist Party of China). 
(e) REPORT ON NON-FEDERAL ENTITIES.—Not later 
than 60 days after the end of the applicable fiscal year, 
the Secretary of Agriculture (acting through the Forest 
Service) and the Secretary of the Interior shall submit to 
the Committee on Natural Resources of the House of Rep-
234 
resentatives and the Committee on Energy and Natural 
Resources of the Senate a report that includes, for each 
expenditure authorized by subsection (a)— 
(1) the amount of funds accepted; and 
(2) the contributing non-Federal entity. 
SEC. 20210. OFFSHORE GEOLOGICAL AND GEOPHYSICAL 
SURVEY LICENSING. 
The Secretary of the Interior shall authorize geologi-
cal and geophysical surveys related to oil and gas activities 
on the Gulf of Mexico Outer Continental Shelf, except 
within areas subject to existing oil and gas leasing mora-
toria. Such authorizations shall be issued within 30 days 
of receipt of a completed application and shall, as applica-
ble to survey type, comply with the mitigation and moni-
toring measures in subsections (a), (b), (c), (d), (f), and 
(g) of section 217.184 of title 50, Code of Federal Regula-
tions (as in effect on January 1, 2022), and section 
217.185 of title 50, Code of Federal Regulations (as in 
effect on January 1, 2022). Geological and geophysical 
surveys authorized pursuant to this section are deemed to 
be in full compliance with the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1361 et seq.) and the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), and their 
implementing regulations.
235 
SEC. 20211. DEFERRAL OF APPLICATIONS FOR PERMITS TO 
DRILL. 
Section 17(p)(3) of the Mineral Leasing Act (30 
U.S.C. 226(p)(3)) is amended by adding at the end the 
following: 
‘‘(D) DEFERRAL BASED ON FORMATTING 
ISSUES.—A decision on an application for a 
permit to drill may not be deferred under para-
graph (2)(B) as a result of a formatting issue 
with the permit, unless such formatting issue 
results in missing information.’’. 
SEC. 20212. PROCESSING AND TERMS OF APPLICATIONS 
FOR PERMITS TO DRILL. 
(a) EFFECT OF PENDING CIVIL ACTIONS.—Section 
17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is 
amended by adding at the end the following: 
‘‘(4) EFFECT OF PENDING CIVIL ACTION ON 
PROCESSING
APPLICATIONS
FOR
PERMITS
TO 
DRILL.—Pursuant to the requirements of paragraph 
(2), notwithstanding the existence of any pending 
civil actions affecting the application or related 
lease, the Secretary shall process an application for 
a permit to drill or other authorizations or approvals 
under a valid existing lease, unless a United States 
Federal court vacated such lease. Nothing in this
236 
paragraph shall be construed as providing authority 
to a Federal court to vacate a lease.’’. 
(b) TERM OF PERMIT TO DRILL.—Section 17 of the 
Mineral Leasing Act (30 U.S.C. 226) is further amended 
by adding at the end the following: 
‘‘(u) TERM OF PERMIT TO DRILL.—A permit to drill 
issued under this section after the date of the enactment 
of this subsection shall be valid for one four-year term 
from the date that the permit is approved, or until the 
lease regarding which the permit is issued expires, which-
ever occurs first.’’. 
SEC. 20213. AMENDMENTS TO THE ENERGY POLICY ACT OF 
2005. 
Section 390 of the Energy Policy Act of 2005 (42 
U.S.C. 15942) is amended to read as follows: 
‘‘SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT RE-
VIEW. 
‘‘(a) NATIONAL ENVIRONMENTAL POLICY ACT RE-
VIEW.—Action by the Secretary of the Interior, in man-
aging the public lands, or the Secretary of Agriculture, 
in managing National Forest System lands, with respect 
to any of the activities described in subsection (c), shall 
not be considered a major Federal action for the purposes 
of section 102(2)(C) of the National Environmental Policy 
Act of 1969, if the activity is conducted pursuant to the
237 
Mineral Leasing Act (30 U.S.C. 181 et seq.) for the pur-
pose of exploration or development of oil or gas. 
‘‘(b) APPLICATION.—This section shall not apply to 
an action of the Secretary of the Interior or the Secretary 
of Agriculture on Indian lands or resources managed in 
trust for the benefit of Indian Tribes. 
‘‘(c) ACTIVITIES
DESCRIBED.—The activities re-
ferred to in subsection (a) are as follows: 
‘‘(1) Reinstating a lease pursuant to section 31 
of the Mineral Leasing Act (30 U.S.C. 188). 
‘‘(2) The following activities, provided that any 
new surface disturbance is contiguous with the foot-
print of the original authorization and does not ex-
ceed 20 acres or the acreage has previously been 
evaluated in a document previously prepared under 
section 102(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with re-
spect to such activity: 
‘‘(A) Drilling an oil or gas well at a well 
pad site at which drilling has occurred pre-
viously. 
‘‘(B) Expansion of an existing oil or gas 
well pad site to accommodate an additional well.
238 
‘‘(C) Expansion or modification of an ex-
isting oil or gas well pad site, road, pipeline, fa-
cility, or utility submitted in a sundry notice. 
‘‘(3) Drilling of an oil or gas well at a new well 
pad site, provided that the new surface disturbance 
does not exceed 20 acres and the acreage evaluated 
in a document previously prepared under section 
102(2)(C) of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332(2)(C)) with respect to such 
activity, whichever is greater. 
‘‘(4) Construction or realignment of a road, 
pipeline, or utility within an existing right-of-way or 
within a right-of-way corridor established in a land 
use plan. 
‘‘(5) The following activities when conducted 
from non-Federal surface into federally owned min-
erals, provided that the operator submits to the Sec-
retary concerned certification of a surface use agree-
ment with the non-Federal landowner: 
‘‘(A) Drilling an oil or gas well at a well 
pad site at which drilling has occurred pre-
viously. 
‘‘(B) Expansion of an existing oil or gas 
well pad site to accommodate an additional well.
239 
‘‘(C) Expansion or modification of an ex-
isting oil or gas well pad site, road, pipeline, fa-
cility, or utility submitted in a sundry notice. 
‘‘(6) Drilling of an oil or gas well from non- 
Federal surface and non-Federal subsurface into 
Federal mineral estate. 
‘‘(7) Construction of up to 1 mile of new road 
on Federal or non-Federal surface, not to exceed 2 
miles in total. 
‘‘(8) Construction of up to 3 miles of individual 
pipelines or utilities, regardless of surface owner-
ship.’’. 
SEC. 20214. ACCESS TO FEDERAL ENERGY RESOURCES 
FROM NON-FEDERAL SURFACE ESTATE. 
(a) OIL AND GAS PERMITS.—Section 17 of the Min-
eral Leasing Act (30 U.S.C. 226) is further amended by 
adding at the end the following: 
‘‘(v) NO FEDERAL PERMIT REQUIRED FOR OIL AND 
GAS ACTIVITIES ON CERTAIN LAND.— 
‘‘(1) IN GENERAL.—The Secretary shall not re-
quire an operator to obtain a Federal drilling permit 
for oil and gas exploration and production activities 
conducted on non-Federal surface estate, provided 
that—
240 
‘‘(A) the United States holds an ownership 
interest of less than 50 percent of the sub-
surface mineral estate to be accessed by the 
proposed action; and 
‘‘(B) the operator submits to the Secretary 
a State permit to conduct oil and gas explo-
ration and production activities on the non-Fed-
eral surface estate. 
‘‘(2) NO FEDERAL ACTION.—An oil and gas ex-
ploration and production activity carried out under 
paragraph (1)— 
‘‘(A) shall not be considered a major Fed-
eral action for the purposes of section 
102(2)(C) of the National Environmental Policy 
Act of 1969; 
‘‘(B) shall require no additional Federal 
action; 
‘‘(C) may commence 30 days after submis-
sion of the State permit to the Secretary; and 
‘‘(D) shall not be subject to— 
‘‘(i) section 306108 of title 54, United 
States Code (commonly known as the Na-
tional Historic Preservation Act of 1966); 
and
241 
‘‘(ii) section 7 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1536). 
‘‘(3) ROYALTIES AND PRODUCTION ACCOUNT-
ABILITY.—(A) Nothing in this subsection shall affect 
the amount of royalties due to the United States 
under this Act from the production of oil and gas, 
or alter the Secretary’s authority to conduct audits 
and collect civil penalties pursuant to the Federal 
Oil and Gas Royalty Management Act of 1982 (30 
U.S.C. 1701 et seq.). 
‘‘(B) The Secretary may conduct onsite reviews 
and inspections to ensure proper accountability, 
measurement, and reporting of production of Fed-
eral oil and gas, and payment of royalties. 
‘‘(4) EXCEPTIONS.—This subsection shall not 
apply to actions on Indian lands or resources man-
aged in trust for the benefit of Indian Tribes. 
‘‘(5) INDIAN
LAND.—In this subsection, the 
term ‘Indian land’ means— 
‘‘(A) any land located within the bound-
aries of an Indian reservation, pueblo, or 
rancheria; and 
‘‘(B) any land not located within the 
boundaries of an Indian reservation, pueblo, or 
rancheria, the title to which is held—
242 
‘‘(i) in trust by the United States for 
the benefit of an Indian tribe or an indi-
vidual Indian; 
‘‘(ii) by an Indian tribe or an indi-
vidual Indian, subject to restriction against 
alienation under laws of the United States; 
or 
‘‘(iii) by a dependent Indian commu-
nity.’’. 
(b) 
GEOTHERMAL
PERMITS.—The 
Geothermal 
Steam Act of 1970 (30 U.S.C. 1001 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEO-
THERMAL ACTIVITIES ON CERTAIN LAND. 
‘‘(a) IN GENERAL.—The Secretary shall not require 
an operator to obtain a Federal drilling permit for geo-
thermal exploration and production activities conducted on 
a non-Federal surface estate, provided that— 
‘‘(1) the United States holds an ownership in-
terest of less than 50 percent of the subsurface geo-
thermal estate to be accessed by the proposed action; 
and 
‘‘(2) the operator submits to the Secretary a 
State permit to conduct geothermal exploration and
243 
production activities on the non-Federal surface es-
tate. 
‘‘(b) NO FEDERAL ACTION.—A geothermal explo-
ration and production activity carried out under para-
graph (1)— 
‘‘(1) shall not be considered a major Federal 
action for the purposes of section 102(2)(C) of the 
National Environmental Policy Act of 1969; 
‘‘(2) shall require no additional Federal action; 
‘‘(3) may commence 30 days after submission 
of the State permit to the Secretary; and 
‘‘(4) shall not be subject to— 
‘‘(A) section 306108 of title 54, United 
States Code (commonly known as the National 
Historic Preservation Act of 1966); and 
‘‘(B) section 7 of the Endangered Species 
Act of 1973 (16 U.S.C. 1536). 
‘‘(c) 
ROYALTIES
AND
PRODUCTION
ACCOUNT-
ABILITY.—(1) Nothing in this section shall affect the 
amount of royalties due to the United States under this 
Act from the production of electricity using geothermal re-
sources (other than direct use of geothermal resources) or 
the production of any byproducts. 
‘‘(2) The Secretary may conduct onsite reviews and 
inspections to ensure proper accountability, measurement,
244 
and reporting of the production described in paragraph 
(1), and payment of royalties. 
‘‘(d) EXCEPTIONS.—This section shall not apply to 
actions on Indian lands or resources managed in trust for 
the benefit of Indian Tribes. 
‘‘(e) INDIAN LAND.—In this section, the term ‘Indian 
land’ means— 
‘‘(1) any land located within the boundaries of 
an Indian reservation, pueblo, or rancheria; and 
‘‘(2) any land not located within the boundaries 
of an Indian reservation, pueblo, or rancheria, the 
title to which is held— 
‘‘(A) in trust by the United States for the 
benefit of an Indian tribe or an individual In-
dian; 
‘‘(B) by an Indian tribe or an individual 
Indian, subject to restriction against alienation 
under laws of the United States; or 
‘‘(C) by a dependent Indian community.’’. 
SEC. 20215. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL 
AND GAS LEASES. 
An environmental review for an oil and gas lease or 
permit prepared pursuant to the requirements of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) and its implementing regulations—
245 
(1) shall apply only to areas that are within or 
immediately adjacent to the lease plot or plots and 
that are directly affected by the proposed action; 
and 
(2) shall not require consideration of down-
stream, indirect effects of oil and gas consumption. 
SEC. 20216. EXPEDITING APPROVAL OF GATHERING LINES. 
Section 11318(b)(1) of the Infrastructure Investment 
and Jobs Act (42 U.S.C. 15943(b)(1)) is amended by 
striking ‘‘to be an action that is categorically excluded (as 
defined in section 1508.1 of title 40, Code of Federal Reg-
ulations (as in effect on the date of enactment of this 
Act))’’ and inserting ‘‘to not be a major Federal action’’. 
SEC. 20217. LEASE SALE LITIGATION. 
Notwithstanding any other provision of law, any oil 
and gas lease sale held under section 17 of the Mineral 
Leasing Act (26 U.S.C. 226) or the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.) shall not be 
vacated and activities on leases awarded in the sale shall 
not be otherwise limited, delayed, or enjoined unless the 
court concludes allowing development of the challenged 
lease will pose a risk of an imminent and substantial envi-
ronmental harm and there is no other equitable remedy 
available as a matter of law. No court, in response to an 
action brought pursuant to the National Environmental
246 
Policy Act of 1969 (42 U.S.C. et seq.), may enjoin or issue 
any order preventing the award of leases to a bidder in 
a lease sale conducted pursuant to section 17 of the Min-
eral Leasing Act (26 U.S.C. 226) or the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.) if the Depart-
ment of the Interior has previously opened bids for such 
leases or disclosed the high bidder for any tract that was 
included in such lease sale. 
SEC. 20218. LIMITATION ON CLAIMS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, a claim arising under Federal law seeking ju-
dicial review of a permit, license, or approval issued by 
a Federal agency for a mineral project, energy facility, or 
energy storage device shall be barred unless— 
(1) the claim is filed within 120 days after pub-
lication of a notice in the Federal Register announc-
ing that the permit, license, or approval is final pur-
suant to the law under which the agency action is 
taken, unless a shorter time is specified in the Fed-
eral law pursuant to which judicial review is allowed; 
and 
(2) the claim is filed by a party that submitted 
a comment during the public comment period for 
such permit, license, or approval and such comment 
was sufficiently detailed to put the agency on notice
247 
of the issue upon which the party seeks judicial re-
view. 
(b) SAVINGS CLAUSE.—Nothing in this section shall 
create a right to judicial review or place any limit on filing 
a claim that a person has violated the terms of a permit, 
license, or approval. 
(c) TRANSPORTATION PROJECTS.—Subsection (a) 
shall not apply to or supersede a claim subject to section 
139(l)(1) of title 23, United States Code. 
(d) MINERAL PROJECT.—In this section, the term 
‘‘mineral project’’ means a project— 
(1) located on— 
(A) a mining claim, millsite claim, or tun-
nel site claim for any mineral; 
(B) lands open to mineral entry; or 
(C) a Federal mineral lease; and 
(2) for the purposes of exploring for or pro-
ducing minerals. 
SEC. 20219. GOVERNMENT ACCOUNTABILITY OFFICE RE-
PORT ON PERMITS TO DRILL. 
(a) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the 
United States shall issue a report detailing—
249 
Federal permitting process described in paragraph 
(2). 
SEC. 20220. E–NEPA. 
(a) PERMITTING PORTAL STUDY.—The Council on 
Environmental Quality shall conduct a study and submit 
a report to Congress within 1 year of the enactment of 
this Act on the potential to create an online permitting 
portal for permits that require review under section 
102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)) that would— 
(1) allow applicants to— 
(A) submit required documents or mate-
rials for their application in one unified portal; 
(B) upload additional documents as re-
quired by the applicable agency; and 
(C) track the progress of individual appli-
cations; 
(2) enhance interagency coordination in con-
sultation by— 
(A) allowing for comments in one unified 
portal; 
(B) centralizing data necessary for reviews; 
and 
(C) streamlining communications between 
other agencies and the applicant; and
250 
(3) boost transparency in agency decision-
making. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $500,000 for the Council 
of Environmental Quality to carry out the study directed 
by this section. 
SEC. 20221. LIMITATIONS ON CLAIMS. 
(a) IN GENERAL.—Section 139(l) of title 23, United 
States Code, is amended by striking ‘‘150 days’’ each 
place it appears and inserting ‘‘90 days’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 330(e) of title 23, United States 
Code, is amended— 
(A) in paragraph (2)(A), by striking ‘‘150 
days’’ and inserting ‘‘90 days’’; and 
(B) in paragraph (3)(B)(i), by striking 
‘‘150 days’’ and inserting ‘‘90 days’’. 
(2) Section 24201(a)(4) of title 49, United 
States Code, is amended by striking ‘‘of 150 days’’. 
SEC. 20222. ONE FEDERAL DECISION FOR PIPELINES. 
(a) IN GENERAL.—Chapter 601 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing:
251 
‘‘§ 60144. Efficient environmental reviews and one 
Federal decision 
‘‘(a) EFFICIENT ENVIRONMENTAL REVIEWS.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall apply the project development proce-
dures, to the greatest extent feasible, described in 
section 139 of title 23 to any pipeline project that 
requires the approval of the Secretary under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
‘‘(2) REGULATIONS AND PROCEDURES.—In car-
rying out paragraph (1), the Secretary shall incor-
porate into agency regulations and procedures per-
taining to pipeline projects described in paragraph 
(1) aspects of such project development procedures, 
or portions thereof, determined appropriate by the 
Secretary in a manner consistent with this section, 
that increase the efficiency of the review of pipeline 
projects. 
‘‘(3) DISCRETION.—The Secretary may choose 
not to incorporate into agency regulations and proce-
dures pertaining to pipeline projects described in 
paragraph (1) such project development procedures 
that could only feasibly apply to highway projects, 
public 
transportation 
capital 
projects, 
and 
multimodal projects.
252 
‘‘(4) APPLICABILITY.—Subsection (l) of section 
139 of title 23 shall apply to pipeline projects de-
scribed in paragraph (1). 
‘‘(b) ADDITIONAL CATEGORICAL EXCLUSIONS.—The 
Secretary shall maintain and make publicly available, in-
cluding on the Internet, a database that identifies project- 
specific information on the use of a categorical exclusion 
on any pipeline project carried out under this title.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 601 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘60144. Efficient environmental reviews and one Federal decision.’’. 
SEC. 20223. EXEMPTION OF CERTAIN WILDFIRE MITIGA-
TION ACTIVITIES FROM CERTAIN ENVIRON-
MENTAL REQUIREMENTS. 
(a) IN GENERAL.—Wildfire mitigation activities of 
the Secretary of the Interior and the Secretary of Agri-
culture may be carried out without regard to the provi-
sions of law specified in subsection (b). 
(b) PROVISIONS OF LAW SPECIFIED.—The provisions 
of law specified in this section are all Federal, State, or 
other laws, regulations, and legal requirements of, deriving 
from, or related to the subject of, the following laws: 
(1) Section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
253 
(2) The Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.). 
(c) WILDFIRE MITIGATION ACTIVITY.—For purposes 
of this section, the term ‘‘wildfire mitigation activity’’— 
(1) is an activity conducted on Federal land 
that is— 
(A) under the administration of the Direc-
tor of the National Park System, the Director 
of the Bureau of Land Management, or the 
Chief of the Forest Service; and 
(B) within 300 feet of any permanent or 
temporary road, as measured from the center of 
such road; and 
(2) includes forest thinning, hazardous fuel re-
duction, prescribed burning, and vegetation manage-
ment. 
SEC. 20224. VEGETATION MANAGEMENT, FACILITY INSPEC-
TION, AND OPERATION AND MAINTENANCE 
RELATING TO ELECTRIC TRANSMISSION AND 
DISTRIBUTION FACILITY RIGHTS OF WAY. 
(a) HAZARD TREES WITHIN 50 FEET OF ELECTRIC 
POWER LINE.—Section 512(a)(1)(B)(ii) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 
1772(a)(1)(B)(ii)) is amended by striking ‘‘10’’ and in-
serting ‘‘50’’.
254 
(b) CONSULTATION WITH PRIVATE LANDOWNERS.— 
Section 512(c)(3)(E) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1772(c)(3)(E)) is 
amended— 
(1) in clause (i), by striking ‘‘and’’ at the end; 
(2) in clause (ii), by striking the period and in-
serting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(iii) consulting with private land-
owners with respect to any hazard trees 
identified for removal from land owned by 
such private landowners.’’. 
(c) REVIEW AND APPROVAL PROCESS.—Clause (iv) 
of section 512(c)(4)(A) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1772(c)(4)(A)) is 
amended to read as follows: 
‘‘(iv) ensures that— 
‘‘(I) a plan submitted without a 
modification under clause (iii) shall be 
automatically approved 60 days after 
review; and 
‘‘(II) a plan submitted with a 
modification under clause (iii) shall be 
automatically approved 67 days after 
review.’’.
255 
SEC. 20225. CATEGORICAL EXCLUSION FOR ELECTRIC UTIL-
ITY LINES RIGHTS-OF-WAY. 
(a) SECRETARY CONCERNED DEFINED.—In this sec-
tion, the term ‘‘Secretary concerned’’ means— 
(1) the Secretary of Agriculture, with respect to 
National Forest System lands; and 
(2) the Secretary of the Interior, with respect 
to public lands. 
(b) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (c) are 
a category of activities designated as being categorically 
excluded from the preparation of an environmental assess-
ment or an environmental impact statement under section 
102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332). 
(c) FOREST MANAGEMENT ACTIVITIES DESIGNATED 
FOR CATEGORICAL EXCLUSION.—The forest management 
activities designated as being categorically excluded under 
subsection (b) are— 
(1) the development and approval of a vegeta-
tion management, facility inspection, and operation 
and maintenance plan submitted under section 
512(c)(1) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1772(c)(1)) by the 
Secretary concerned; and
256 
(2) the implementation of routine activities con-
ducted under the plan referred to in paragraph (1). 
(d) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary concerned may use the categorical exclusion es-
tablished under subsection (b) in accordance with this sec-
tion. 
(e) EXTRAORDINARY CIRCUMSTANCES.—Use of the 
categorical exclusion established under subsection (b) shall 
not be subject to the extraordinary circumstances proce-
dures in section 220.6, title 36, Code of Federal Regula-
tions, or section 1508.4, title 40, Code of Federal Regula-
tions. 
(f) EXCLUSION OF CERTAIN AREAS.—The categor-
ical exclusion established under subsection (b) shall not 
apply to any forest management activity conducted— 
(1) in a component of the National Wilderness 
Preservation System; or 
(2) on National Forest System lands on which, 
by Act of Congress, the removal of vegetation is re-
stricted or prohibited. 
(g) PERMANENT ROADS.— 
(1) PROHIBITION ON ESTABLISHMENT.—A for-
est management activity designated under subsection
257 
(c) shall not include the establishment of a perma-
nent road. 
(2) EXISTING
ROADS.—The Secretary con-
cerned may carry out necessary maintenance and re-
pair on an existing permanent road for the purposes 
of conducting a forest management activity des-
ignated under subsection (c). 
(3) TEMPORARY
ROADS.—The Secretary con-
cerned shall decommission any temporary road con-
structed for a forest management activity designated 
under subsection (c) not later than 3 years after the 
date on which the action is completed. 
(h) APPLICABLE LAWS.—A forest management activ-
ity designated under subsection (c) shall not be subject 
to section 7 of the Endangered Species Act of 1973 (16 
U.S.C. 1536), section 106 of the National Historic Preser-
vation Act, or any other applicable law. 
SEC. 20226. STAFFING PLANS. 
(a) IN GENERAL.—Not later than 365 days after the 
date of enactment of this Act, each local unit of the Na-
tional Park Service, Bureau of Land Management, and 
Forest Service shall conduct an outreach plan for dissemi-
nating and advertising open civil service positions with 
functions relating to permitting or natural resources in 
their offices. Each such plan shall include outreach to local
258 
high schools, community colleges, institutions of higher 
education, and any other relevant institutions, as deter-
mined by the Secretary of the Interior or the Secretary 
of Agriculture (as the case may be). 
(b) COLLABORATION PERMITTED.—Such local units 
of the National Park Service, Bureau of Land Manage-
ment, and Forest Service located in reasonably close geo-
graphic areas may collaborate to produce a joint outreach 
plan that meets the requirements of subsection (a). 
Subtitle C—Permitting for Mining 
Needs 
SEC. 20301. DEFINITIONS. 
In this subtitle: 
(1) BYPRODUCT.—The term ‘‘byproduct’’ has 
the meaning given such term in section 7002(a) of 
the Energy Act of 2020 (30 U.S.C. 1606(a)). 
(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given such term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(3) MINERAL.—The term ‘‘mineral’’ means any 
mineral of a kind that is locatable (including, but 
not limited to, such minerals located on ‘‘lands ac-
quired by the United States’’, as such term is de-
fined in section 2 of the Mineral Leasing Act for Ac-
259 
quired Lands) under the Act of May 10, 1872 
(Chapter 152; 17 Stat. 91). 
(4) SECRETARY.—Except as otherwise provided, 
the term ‘‘Secretary’’ means the Secretary of the In-
terior. 
(5) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) Guam; 
(E) American Samoa; 
(F) the Commonwealth of the Northern 
Mariana Islands; and 
(G) the United States Virgin Islands. 
SEC. 20302. MINERALS SUPPLY CHAIN AND RELIABILITY. 
Section 40206 of the Infrastructure Investment and 
Jobs Act (30 U.S.C. 1607) is amended— 
(1) in the section heading, by striking ‘‘CRIT-
ICAL MINERALS’’ and inserting ‘‘MINERALS’’; 
(2) by amending subsection (a) to read as fol-
lows: 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) LEAD AGENCY.—The term ‘lead agency’ 
means the Federal agency with primary responsi-