I 
117TH CONGRESS 
2D SESSION 
H. R. 9087 
To restart onshore and offshore oil and gas leasing, streamline permitting 
for energy infrastructure, ensure transparency in energy development 
on Federal lands, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2022 
Mr. WESTERMAN (for himself and Mr. GRAVES of Missouri) introduced the 
following bill; which was referred to the Committee on Natural Resources, 
and in addition to the Committees on Agriculture, Transportation and In-
frastructure, Energy and Commerce, and Armed Services, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To restart onshore and offshore oil and gas leasing, stream-
line permitting for energy infrastructure, ensure trans-
parency in energy development on Federal lands, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Transparency And Production of American Energy Act’’ 
or the ‘‘TAP American Energy Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Severability. 
TITLE I—FEDERAL OIL AND GAS PROGRAMS 
Sec. 101. Prohibition on moratoria of new energy leases on certain Federal land 
and on withdrawal of Federal land from energy development. 
Sec. 102. Onshore oil and gas leasing. 
Sec. 103. Processing applications for permits to drill. 
Sec. 104. Access to Federal oil and gas from non-Federal surface estate. 
Sec. 105. Offshore oil and gas leasing. 
Sec. 106. Five-year plan for offshore oil and gas leasing. 
Sec. 107. Offshore geological and geophysical survey licensing. 
TITLE II—OVERSIGHT AND TRANSPARENCY OF FEDERAL 
ENERGY LEASING PROGRAMS 
Sec. 201. Expressions of interest; applications for permits to drill; offshore geo-
logical and geophysical survey licensing. 
Sec. 202. Staff planning report. 
TITLE III—ADVANCING U.S. ENERGY SYSTEMS 
Sec. 301. Definitions. 
Sec. 302. Renewable energy and transmission projects and rights-of-way. 
Sec. 303. No net loss determination for existing rights-of-way. 
Sec. 304. National Environmental Policy Act clarification. 
Sec. 305. Determination of National Environmental Policy Act adequacy. 
Sec. 306. National Environmental Policy Act review deadlines. 
Sec. 307. Determination regarding right-of-way. 
Sec. 308. Energy corridor expansion. 
Sec. 309. Funding to process permits and develop information technology. 
Sec. 310. Geothermal leasing. 
Sec. 311. Terms of rights-of-way. 
Sec. 312. Limitation on claims. 
TITLE IV—ADVANCING ENERGY INFRASTRUCTURE 
Sec. 401. Liquefied natural gas by rail. 
Sec. 402. One Federal decision for pipelines. 
Sec. 403. Clean Water Act Certification. 
Sec. 404. Limitation on claims. 
SEC. 2. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be invalid 
or unconstitutional, the remainder of this Act, the amend-
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ments made by this Act, and the application of such provi-
sions to any person or circumstance shall not be affected 
thereby. 
TITLE I—FEDERAL OIL AND GAS 
PROGRAMS 
SEC. 101. PROHIBITION ON MORATORIA OF NEW ENERGY 
LEASES ON CERTAIN FEDERAL LAND AND ON 
WITHDRAWAL OF FEDERAL LAND FROM EN-
ERGY DEVELOPMENT. 
(a) PROHIBITIONS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the President shall not carry out 
any action that would prohibit or substantially delay 
the issuance of any of the following on Federal land, 
unless such an action has been authorized by an Act 
of Congress: 
(A) New oil and gas leases, drill permits, 
approvals, or authorizations. 
(B) New coal leases (including leases by 
applications in process or expansions of existing 
leases), permits, approvals, or authorizations. 
(2) PROHIBITION ON WITHDRAWAL.—Notwith-
standing any other provision of law, the President 
shall not withdraw any Federal land from forms of 
entry, appropriation, or disposal under the public 
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land laws or disposition under laws pertaining to 
mineral and geothermal leasing unless the with-
drawal has been authorized by an Act of Congress. 
(b) DEFINITIONS.—In this section: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ 
means— 
(A) National Forest System land; 
(B) public lands (as defined in section 103 
of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1702)); 
(C) the outer Continental Shelf (as defined 
in section 2 of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331)); and 
(D) land managed by the Secretary of En-
ergy. 
(2) PRESIDENT.—The term ‘‘President’’ means 
the President or any designee, including— 
(A) the Secretary of Agriculture; 
(B) the Secretary of Energy; and 
(C) the Secretary of the Interior. 
SEC. 102. ONSHORE OIL AND GAS LEASING. 
(a) REQUIREMENT TO IMMEDIATELY RESUME ON-
SHORE OIL AND GAS LEASE SALES.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior shall immediately resume onshore oil and gas 
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lease sales in compliance with the Mineral Leasing 
Act (30 U.S.C. 181 et seq.). 
(2) REQUIREMENT.—The Secretary of the Inte-
rior shall ensure that any oil and gas lease sale pur-
suant to paragraph (1) is conducted immediately on 
completion of all applicable scoping, public comment, 
and environmental analysis requirements under the 
Mineral Leasing Act (30 U.S.C. 181 et seq.) and the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(b) ANNUAL LEASE SALES.— 
(1) IN GENERAL.—In accordance with the Min-
eral Leasing Act (30 U.S.C. 181 et seq.), beginning 
in fiscal year 2023, the Secretary of the Interior 
shall annually conduct a minimum of four oil and 
gas lease sales in each of the following States: 
(A) Wyoming. 
(B) New Mexico. 
(C) Colorado. 
(D) Utah. 
(E) Montana. 
(F) North Dakota. 
(G) Oklahoma. 
(H) Nevada. 
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(I) Any other State in which there is land 
available for oil and gas leasing under the Min-
eral Leasing Act (30 U.S.C. 181 et seq.) or any 
other mineral leasing law. 
(2) REQUIREMENT.—In conducting a lease sale 
under paragraph (1) in a State described in that 
paragraph, the Secretary of the Interior shall offer 
all parcels eligible for oil and gas exploration, devel-
opment, and production under the resource manage-
ment plan in effect for the State. 
(3) REPLACEMENT SALES.—If, for any reason, 
a lease sale under paragraph (1) for a fiscal year is 
canceled, delayed, or deferred, including for a lack of 
eligible parcels, the Secretary of the Interior shall 
conduct a replacement sale during the same fiscal 
year. 
SEC. 103. PROCESSING APPLICATIONS FOR PERMITS TO 
DRILL. 
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 which do not directly affect or involve 
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the application or related lease, the Secretary shall 
process an application for a permit to drill under a 
valid existing lease, unless a United States Federal 
court has determined that the lease was not issued 
in compliance with the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.).’’. 
SEC. 104. ACCESS TO FEDERAL OIL AND GAS FROM NON- 
FEDERAL SURFACE ESTATE. 
Section 17 of the Mineral Leasing Act (30 U.S.C. 
226) is amended by adding at the end the following: 
‘‘(r) 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— 
‘‘(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. 
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‘‘(2) NO FEDERAL ACTION.—An oil and gas ex-
ploration and production activity carried out under 
paragraph (1)— 
‘‘(A) shall require no additional Federal 
action; 
‘‘(B) may commence 30 days after submis-
sion of the State permit to the Secretary; 
‘‘(C) shall be categorically excluded from 
any further analysis and documentation under 
the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) if the activity is con-
ducted pursuant to this Act for the purpose of 
exploration or development of oil or gas; 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 
‘‘(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 
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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.’’. 
SEC. 105. 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 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, be-
ginning in fiscal year 2023, the Secretary of the Interior 
shall annually conduct a minimum of 2 region-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): 
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(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 2022, the Secretary of the Interior shall annually 
conduct a minimum of 2 region-wide oil and gas lease 
sales in the Alaska region of the Outer Continental Shelf, 
as described in the 2017–2022 Outer Continental Shelf 
Oil and Gas Leasing Proposed Final Program (November 
2016). 
(d) REQUIREMENTS.—In conducting lease sales 
under subsections (b) and (c), the Secretary of the Interior 
shall— 
(1) issue such leases in accordance with the 
Outer Continental Shelf Lands Act (43 U.S.C. 1332 
et seq.); and 
(2) include in each such lease sale all unleased 
areas that are not subject to restrictions as of the 
date of the lease sale. 
SEC. 106. 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)— 
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(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 lease sales per year.’’; and 
(C) in paragraph (3), by inserting ‘‘domes-
tic energy security,’’ after ‘‘between’’; 
(2) by redesignating subsections (f) through (h) 
as subsections (h) through (j), 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 by not later than December 
31, 2022. 
‘‘(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. 
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‘‘(2) REQUIREMENT.—Each subsequent oil and 
gas leasing program under this section shall be ap-
proved by not later than 180 days before the expira-
tion of the previous oil and gas leasing program.’’. 
SEC. 107. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SUR-
VEY 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. 
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TITLE 
II—OVERSIGHT 
AND 
TRANSPARENCY OF FEDERAL 
ENERGY LEASING PROGRAMS 
SEC. 201. EXPRESSIONS OF INTEREST; APPLICATIONS FOR 
PERMITS TO DRILL; OFFSHORE GEOLOGICAL 
AND GEOPHYSICAL SURVEY LICENSING. 
(a) REPORT.—Not later than 30 days after the date 
of enactment of this section, the Secretary of the Interior 
shall submit to the Committee on Natural Resources of 
the House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a report that 
describes— 
(1) the status of nominated parcels for future 
onshore oil and gas lease sales, including— 
(A) the number of expressions of interest 
that the Bureau of Land Management has not 
taken any action to review, or not completed re-
view of, as of the date of enactment of this sec-
tion; and 
(B) how long such expressions of interest 
have been pending; 
(2) the status of each pending application for a 
permit to drill, including the number of applications 
received, in each Bureau of Land Management State 
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office as of the date of enactment of this section, in-
cluding— 
(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) steps the office is taking 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 by 
each Bureau of Land Management State office as of 
the date of enactment of this section; 
(4) the status of each pending application for a 
license for offshore geological and geophysical sur-
veys, including the number of applications received, 
in each Bureau of Ocean Energy management re-
gional office, including— 
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(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) steps the Bureau of Ocean Energy 
Management is taking to complete review of 
each application; 
(5) the number of licenses for offshore geologi-
cal and geophysical surveys issued by each Bureau 
of Ocean Energy Management regional office as of 
the date of enactment of this section; 
(6) the status of each pending application for a 
permit to drill, including the number of applications 
received, in each Bureau of Safety and Environ-
mental Enforcement 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 
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of 1969 (42 U.S.C. 4321 et seq.) or other ap-
plicable laws; 
(B) the number of days an application has 
been pending; and 
(C) steps the Bureau of Safety and Envi-
ronmental Enforcement is taking to complete 
review of each application; 
(7) the number of permits to drill issued by 
each Bureau of Safety and Environmental Enforce-
ment regional office as of the date of enactment of 
this section; 
(8) how, as applicable, the Bureau of Land 
Management, the Bureau of Ocean Energy Manage-
ment, and the Bureau of Safety and Environmental 
Enforcement determines whether to— 
(A) issue a license for geological and geo-
physical surveys; 
(B) issue a permit to drill; and 
(C) issue, extend, or suspend an oil and 
gas lease; 
(9) when determinations described in paragraph 
(8) are sent to the national office of the Bureau of 
Land Management, the Bureau of Ocean Energy 
Management, or the Bureau of Safety and Environ-
mental Enforcement for final approval; 
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(10) the degree to which Bureau of Land Man-
agement, Bureau of Ocean Energy Management, 
and Bureau of Safety and Environmental Enforce-
ment field, State, and regional offices exercise dis-
cretion on such final approval; 
(11) the number of auctioned leases receiving 
accepted bids that have not been issued to winning 
bidders and the number days such leases have not 
been issued; and 
(12) a description of the uses of application for 
permit to drill fees paid by permit holders over the 
previous 5-year period. 
(b) PENDING
APPLICATIONS
FOR
PERMITS
TO 
DRILL.—Not later than 30 days after the date of enact-
ment of this section, the Secretary of the Interior shall 
issue all pending applications for a permit to drill that 
meet the requirements of section 17(p)(2) of the Mineral 
Leasing Act (30 U.S.C. 226(p)(2)). 
(c) PUBLIC AVAILABILITY OF DATA.— 
(1) MINERAL LEASING ACT.—Section 17 of the 
Mineral Leasing Act (30 U.S.C. 226) is amended by 
adding at the end the following: 
‘‘(s) PUBLIC AVAILABILITY OF DATA.— 
‘‘(1) EXPRESSIONS
OF
INTEREST.—Not later 
than 30 days after the date of enactment of this 
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subsection, and each month thereafter, the Secretary 
shall publish on the website of the Department of 
the Interior the number of pending, approved, and 
not approved expressions of interest in nominated 
parcels for future onshore oil and gas lease sales in 
the preceding month. 
‘‘(2) APPLICATIONS FOR PERMITS TO DRILL.— 
Not later than 30 days after the date of enactment 
of this subsection, and each month thereafter, the 
Secretary shall publish on the website of the Depart-
ment of the Interior the number of pending and ap-
proved 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 enactment of this subsection, the Sec-
retary shall publish on the website of the Depart-
ment of the Interior, with respect to the 5-year pe-
riod ending on the date of enactment of this sub-
section— 
‘‘(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 
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‘‘(B) the number of approved and not ap-
proved applications for permits to drill during 
such 5-year period.’’. 
(2) OUTER CONTINENTAL SHELF LANDS ACT.— 
Section 8 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1337) is amended by adding at the end 
the following: 
‘‘(q) PUBLIC AVAILABILITY OF DATA.— 
‘‘(1) 
OFFSHORE
GEOLOGICAL
AND
GEO-
PHYSICAL
SURVEY
LICENSES.—Not later than 30 
days after the date of enactment of this subsection, 
and each month thereafter, the Secretary shall pub-
lish 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 enactment 
of this subsection, and each month thereafter, the 
Secretary shall publish on the website of the Depart-
ment of the Interior the number of pending and ap-
proved applications for permits to drill on the outer 
Continental Shelf in the preceding month in each re-
gional office. 
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‘‘(3) PAST DATA.—Not later than 30 days after 
the date of enactment of this subsection, the Sec-
retary shall publish on the website of the Depart-
ment of the Interior, with respect to the 5-year pe-
riod ending on the date of enactment of this sub-
section— 
‘‘(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 enactment of this section, the Secretary 
of the Interior shall submit to the Committee on En-
ergy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of 
Representatives all documents and communications 
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). 
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(2) INCLUSIONS.—The submission under para-
graph (1) shall include all documents and commu-
nications submitted to the Secretary of the Interior 
by members of the public in response to any public 
meeting or forum relating to the comprehensive re-
view described in that paragraph. 
SEC. 202. 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, coal, and renewable 
energy leases, rights-of-way, easements, and permits. 
Each such report shall include— 
(1) the number of staff assigned to oil, gas, 
coal, and renewable energy leasing and permitting, 
respectively; and 
(2) a description of how many staff are needed 
to meet statutory requirements for such leasing and 
permitting and how, as applicable, the Department 
of the Interior or the Department of Agriculture 
plans to address staffing shortfalls for such leasing 
and permitting. 
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TITLE III—ADVANCING U.S. 
ENERGY SYSTEMS 
SEC. 301. 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, storage, transfer, processing, or 
transportation of, any energy resource. 
(2) ENERGY STORAGE DEVICE.—The term ‘‘en-
ergy storage device’’— 
(A) means any equipment that stores en-
ergy, including electricity, compressed air, 
pumped water, heat, and hydrogen, which may 
be converted into, or used to produce, elec-
tricity; and 
(B) includes a battery, regenerative fuel 
cell, flywheel, capacitor, superconducting mag-
net, and any other equipment the Secretary 
concerned determines may be used to store en-
ergy which may be converted into, or used to 
produce, electricity. 
(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-
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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 for the benefit of Indians, 
Aleuts, and Eskimos. 
(4) RENEWABLE ENERGY FACILITY.—The term 
‘‘renewable energy facility’’ means any equipment or 
facility that produces electricity from a renewable 
energy resource, including wind, solar, tidal, bio-
mass, landfill gas, geothermal, methane, hydrogen, 
or water. 
(5) RIGHT-OF-WAY.—The term ‘‘right-of-way’’ 
means— 
(A) a right-of-way issued, granted, or re-
newed under section 501 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1761); or 
(B) a right-of-way granted under section 
28 of the Mineral Leasing Act (30 U.S.C. 185). 
(6) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) with respect to public lands, the Sec-
retary of the Interior; and 
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(B) with respect to National Forest Sys-
tem Lands, the Secretary of Agriculture. 
SEC. 
302. 
RENEWABLE 
ENERGY 
AND 
TRANSMISSION 
PROJECTS AND RIGHTS-OF-WAY. 
(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’’ means— 
(1) geotechnical investigations; 
(2) off-road travel in an existing right-of-way; 
(3) construction of meteorological towers where 
the total soil or vegetation disruption 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 holes and 
other geothermal exploratory wells, including con-
structing or making improvements to structure pads 
for such activities— 
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(A) that are less than 12 inches in diame-
ter; and 
(B) where the total soil or vegetation dis-
ruption at the location 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) routine and emergency vegetation 
management, including the removal of hazard 
trees and other hazard vegetation within or ad-
jacent to an existing right-of-way; and 
(E) improvements to or construction of 
structure pads for such infrastructure; 
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(7) approval of and activities conducted in ac-
cordance with operating plans or agreements for 
transmission and distribution facility or under a spe-
cial use authorization for an electric transmission 
and distribution facility right-of-way; and 
(8) construction, maintenance, realignment, or 
repairs on an existing permanent or temporary ac-
cess 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; or 
(B) that serves an existing transmission 
line, distribution line, or renewable energy facil-
ity. 
SEC. 303. NO NET LOSS DETERMINATION FOR EXISTING 
RIGHTS-OF-WAY. 
Upon a determination by the Secretary concerned 
that there will be no overall net loss of vegetation, soil, 
or habitat, as defined by acreage and function, resulting 
from a proposed action, decision, or activity within an ex-
isting right-of-way or within a right-of-way corridor estab-
lished in a land use plan, that action, decision, or activity 
shall not be considered a major Federal action under sec-
tion 102(2)(C) of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332(2)(C)). 
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SEC. 304. NATIONAL ENVIRONMENTAL POLICY ACT CLARI-
FICATION. 
Title I of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 106. APPLICATION LIMITED TO FEDERAL LAND AND 
CERTAIN FEDERAL ACTIONS. 
‘‘(a) IN GENERAL.—Under section 102(2)(C), the 
term ‘major Federal action’ does not include a project or 
action that— 
‘‘(1) does not involve Federal land; and 
‘‘(2) is not subject to Federal control and re-
sponsibility. 
‘‘(b) EXCLUSION.—A project or action may not be 
determined to be a major Federal action under section 
102(2)(C) on the basis of— 
‘‘(1) an interstate effect of such project or ac-
tion; or 
‘‘(2) the provision of Federal funds for such 
project or activity. 
‘‘(c) SCOPE OF REVIEW.—The scope of any review 
under section 102 shall extend only to so much of a major 
Federal action as is— 
‘‘(1) on Federal land; or 
‘‘(2) is subject to Federal control and responsi-
bility.’’. 
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SEC. 305. DETERMINATION OF NATIONAL ENVIRONMENTAL 
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 proposed transmission 
project, any proposed project to construct, connect, oper-
ate, or maintain a pipeline facility to transport an energy 
resource, hydrogen, carbon dioxide, or natural gas, or any 
proposed project to construct or maintain a renewable en-
ergy facility if such Secretary determines that— 
(1) the new proposed action is substantially the 
same as a previously analyzed proposed action or al-
ternative analyzed in a previous environmental as-
sessment or environmental impact statement; and 
(2) the effects of the proposed action are sub-
stantially the same as the effects analyzed in such 
existing environmental assessments or environmental 
impact statements. 
SEC. 306. NATIONAL ENVIRONMENTAL POLICY ACT REVIEW 
DEADLINES. 
(a) IN GENERAL.—With respect to major Federal ac-
tions carried out by the Secretary of the Interior or the 
Secretary of Agriculture, the Secretary concerned shall 
complete— 
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(1) any environmental assessment required 
under section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) 
relating to the major Federal action by not later 
than 1 year after the sooner of, as applicable— 
(A) the date on which the Secretary con-
cerned notifies the applicant under section 307 
that the application to establish a right-of-way 
for the major Federal action is complete; and 
(B) the date on which the Secretary con-
cerned begins the scoping for the major Federal 
action; and 
(2) any environmental impact statement re-
quired section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) 
relating to the major Federal action by not later 
than 2 years after the sooner of, as applicable— 
(A) the date on which the Secretary con-
cerned notifies the applicant under section 307 
that the application to establish a right-of-way 
for the major Federal action is complete; and 
(B) the date on which the Secretary con-
cerned issues a notice of intent to prepare the 
environmental impact statement for the major 
Federal action. 
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(b) EXTENSION.—The Secretary concerned may ex-
tend a deadline described in subsection (a) with the ap-
proval of the applicant. 
(c) REPORT.— 
(1) IN
GENERAL.—The Secretary concerned 
shall each annually submit to the Committee on 
Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Re-
sources of the Senate a report that— 
(A) identifies any environmental assess-
ment and environmental impact statement that 
is not completed by the appropriate deadline de-
scribed in subsection (a) or the deadline ex-
tended under subsection (b), as applicable; and 
(B) provides an explanation for any failure 
to meet such deadline. 
(2) INCLUSIONS.—Each report submitted under 
paragraph (1) shall identify— 
(A) the respective field office, ranger dis-
trict, or region office, as applicable, responsible 
for each such environmental assessment and en-
vironmental impact statement; 
(B) as applicable, the date on which— 
(i) the Secretary concerned notifies 
the applicant under section 307 that the 
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application to establish a right-of-way for 
the major Federal action is complete; 
(ii) the Secretary concerned begins the 
scoping for the major Federal action; or 
(iii) the Secretary concerned issues a 
notice of intent to prepare the environ-
mental impact statement for the major 
Federal action; and 
(C) when such environmental assessment 
and environmental impact statement is expected 
to be complete. 
SEC. 307. DETERMINATION REGARDING RIGHT-OF-WAY. 
Not later than 60 days after the Secretary concerned 
receives an application to establish a right-of-way, the Sec-
retary concerned shall notify the applicant as to whether 
the application is complete or deficient. If the Secretary 
concerned determines the application is complete, the Sec-
retary concerned may not consider any other application 
to establish a right-of-way on the same or any overlapping 
parcels of land while such application is pending. 
SEC. 308. ENERGY CORRIDOR EXPANSION. 
Section 368 of the Energy Policy Act of 2005 (42 
U.S.C. 15926) is amended by inserting at the end the fol-
lowing: 
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‘‘(f) NOMINATIONS AND EXPRESSIONS OF INTEREST 
FOR ENERGY CORRIDOR EXPANSION.—(1) Not later than 
180 days after the date of the enactment of this Act, the 
Secretaries, acting jointly, shall establish procedures, in 
accordance with the subsection, under their respective au-
thorities for States and counties to submit requests to the 
Secretaries, jointly, for Federal land to be added to exist-
ing corridors for oil, gas, CO2 and hydrogen pipelines and 
electricity transmission and distribution facilities on Fed-
eral land within the borders of the requesting States and 
counties. 
‘‘(2) A request under paragraph (1) must be sub-
mitted jointly by the Governor of each State and the high-
est elected official of each county within whose borders 
the Federal land to be added to the existing corridor is 
located. 
‘‘(3) After receiving a request that is in accordance 
with the procedures established under paragraph (1), the 
Secretaries, acting jointly, shall— 
‘‘(A) consult with the Federal Energy Regu-
latory Commission, affected utility service providers, 
Indian Tribes, relevant State agencies, affected 
counties and municipalities, and any other impacted 
persons as appropriate, regarding whether to grant 
or deny the request; 
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‘‘(B) for a request for an addition of more than 
100 acres, perform any environmental reviews that 
may be required to complete the designation of such 
corridors before granting the request; 
‘‘(C) respond to the requesting States and 
counties indicating that the request is granted or de-
nied, in whole or in part— 
‘‘(i) not later than 150 days after receiving 
a request for an addition of 100 acres or less; 
and 
‘‘(ii) not later than 1 year after receiving 
a request for an addition of more than 100 
acres; 
‘‘(D) for requests that are denied, in whole or 
in part, explain the basis upon which the request 
was denied, in whole or in part, and what, if any, 
corrective or supplementary actions the requesting 
States and counties may take to address the reasons 
for denial and to submit a new application; and 
‘‘(E) for requests that are granted, under their 
respective authorities— 
‘‘(i) designate the Federal land subject to 
the granted request as an addition to the exist-
ing corridor; 
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‘‘(ii) specify the centerline, width, and 
compatible uses of the designated addition; and 
‘‘(iii) incorporate the designated addition 
into the relevant agency land use and resource 
management plans or equivalent plans.’’. 
SEC. 309. 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 
impartial decision making with respect to permits, either 
substantively or procedurally. 
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SEC. 310. GEOTHERMAL LEASING. 
Section 4(b) of the Geothermal Steam Act of 1970 
(30 U.S.C. 1003(b)) is amended— 
(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.’’. 
SEC. 311. TERMS OF RIGHTS-OF-WAY. 
(a) FEDERAL LAND POLICY AND MANAGEMENT ACT 
OF 1976.—Section 501 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1761) is amended 
by adding at the end the following: 
‘‘(e) Any right-of-way granted, issued, amended, or 
renewed under subsection (a)(4) may be limited to a term 
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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. 312. 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 transmission, distribution, or re-
newable energy project shall be barred unless— 
(1) the claim is filed within 150 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 
of the issue upon which the party seeks judicial re-
view. 
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(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. 
TITLE IV—ADVANCING ENERGY 
INFRASTRUCTURE 
SEC. 401. LIQUEFIED NATURAL GAS BY RAIL. 
(a) IN GENERAL.—The Secretary of Transportation 
may not issue any regulation or long-term order that— 
(1) prohibits the transportation of ‘‘methane, 
refrigerated liquid’’, commonly known as liquefied 
natural gas (LNG), by rail; or 
(2) restricts or contracts the scope of allowance 
provided by the final rule of the Pipeline and Haz-
ardous Materials Safety Administration, titled ‘‘Haz-
ardous Materials: Liquefied Natural Gas by Rail’’ 
and published in the Federal Register on July 24, 
2020 (85 Fed. Reg. 44994). 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the authority of the Sec-
retary of Transportation from issuing short-term emer-
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gency orders related to the transportation of liquefied nat-
ural gas by rail. 
SEC. 402. 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: 
‘‘§ 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. 
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‘‘(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. 
‘‘(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. 403. CLEAN WATER ACT CERTIFICATION. 
Section 401(d) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1341(d)) is amended— 
(1) by inserting ‘‘water quality standard in ef-
fect under section 303 of this Act,’’ before ‘‘stand-
ard of performance’’; and 
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(2) by inserting ‘‘water quality’’ before ‘‘re-
quirement of State law’’. 
SEC. 404. 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 or lease sale for oil and gas pro-
duction on Federal lands, or an authorization needed for 
the construction, connection, operation, or maintenance of 
pipeline facilities to transport an energy resource, hydro-
gen, carbon dioxide, or natural gas, issued by a Federal 
agency shall be barred unless— 
(1) the claim is filed within 150 days after pub-
lication of a notice in the Federal Register announc-
ing that the permit, lease sale, or authorization is 
final pursuant to the law under which the agency ac-
tion is taken, unless a shorter time is specified in 
the Federal 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, lease sale, or authorization and such 
comment was sufficiently detailed to put the agency 
on notice of the issue upon which the party seeks ju-
dicial review. 
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(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, 
lease sale, or authorization. 
(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. 
Æ 
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