IB 
Union Calendar No. 18 
118TH CONGRESS 
1ST SESSION H. R. 1335 
[Report No. 118–28, Part I] 
To restart onshore and offshore oil, gas, and coal leasing, streamline permit-
ting for energy infrastructure, ensure transparency in energy development 
on Federal lands, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2023 
Mr. WESTERMAN (for himself, Mr. GRAVES of Louisiana, and Mr. STAUBER) 
introduced the following bill; which was referred to the Committee on 
Natural Resources, and in addition to the Committees on Agriculture, 
and the Budget, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
MARCH 23, 2023 
Reported from the Committee on Natural Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
MARCH 23, 2023 
Committees on Agriculture and the Budget discharged; committed to the Com-
mittee of the Whole House on the State of the Union and ordered to be 
printed 
[For text of introduced bill, see copy of bill as introduced on March 3, 2023] 
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A BILL 
To restart onshore and offshore oil, gas, and coal leasing, 
streamline permitting for energy infrastructure, ensure 
transparency in energy development on Federal lands, 
and for other purposes. 
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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, Accountability, Permitting, and Produc-
tion of American Resources Act’’ or the ‘‘TAPP American 
Resources Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—ONSHORE AND OFFSHORE LEASING AND OVERSIGHT 
Sec. 101. Onshore oil and gas leasing. 
Sec. 102. Lease reinstatement. 
Sec. 103. Protested lease sales. 
Sec. 104. Suspension of operations. 
Sec. 105. Administrative protest process reform. 
Sec. 106. Leasing and permitting transparency. 
Sec. 107. Offshore oil and gas leasing. 
Sec. 108. Five-year plan for offshore oil and gas leasing. 
Sec. 109. Geothermal leasing. 
Sec. 110. Leasing for certain qualified coal applications. 
Sec. 111. Future coal leasing. 
Sec. 112. Staff planning report. 
Sec. 113. Prohibition on Chinese communist party ownership interest. 
Sec. 114. Effect on other law. 
TITLE II—PERMITTING STREAMLINING 
Sec. 201. Definitions. 
Sec. 202. BUILDER Act. 
Sec. 203. Codification of National Environmental Policy Act regulations. 
Sec. 204. Non-major Federal actions. 
Sec. 205. No net loss determination for existing rights-of-way. 
Sec. 206. Determination of National Environmental Policy Act adequacy. 
Sec. 207. Determination regarding rights-of-way. 
Sec. 208. Terms of rights-of-way. 
Sec. 209. Funding to process permits and develop information technology. 
Sec. 210. Offshore geological and geophysical survey licensing. 
Sec. 211. Deferral of applications for permits to drill. 
Sec. 212. Processing and terms of applications for permits to drill. 
Sec. 213. Amendments to the Energy Policy Act of 2005. 
Sec. 214. Access to Federal energy resources from non-Federal surface estate. 
Sec. 215. Scope of environmental reviews for oil and gas leases. 
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Sec. 216. Expediting approval of gathering lines. 
Sec. 217. Lease sale litigation. 
Sec. 218. Limitation on claims. 
Sec. 219. Government Accountability Office report on permits to drill. 
Sec. 220. E-NEPA. 
TITLE III—PERMITTING FOR MINING NEEDS 
Sec. 301. Definitions. 
Sec. 302. Minerals supply chain and reliability. 
Sec. 303. Federal register process improvement. 
Sec. 304. Designation of mining as a covered sector for Federal permitting im-
provement purposes. 
Sec. 305. Treatment of actions under presidential determination 2022–11 for 
Federal permitting improvement purposes. 
Sec. 306. Notice for mineral exploration activities with limited surface disturb-
ance. 
Sec. 307. Use of mining claims for ancillary activities. 
Sec. 308. Ensuring consideration of uranium as a critical mineral. 
Sec. 309. Barring foreign bad actors from operating on Federal lands. 
TITLE IV—FEDERAL LAND USE PLANNING 
Sec. 401. Federal land use planning and withdrawals. 
Sec. 402. Prohibitions on delay of mineral development of certain Federal land. 
Sec. 403. Definitions. 
TITLE V—ENSURING COMPETITIVENESS ON FEDERAL LANDS 
Sec. 501. Incentivizing domestic production. 
TITLE VI—ENERGY REVENUE SHARING 
Sec. 601. Gulf of Mexico Outer Continental Shelf revenue. 
Sec. 602. Parity in offshore wind revenue sharing. 
Sec. 603. Elimination of administrative fee under the Mineral Leasing Act. 
TITLE 
I—ONSHORE 
AND 
OFF-
SHORE LEASING AND OVER-
SIGHT 
SEC. 101. ONSHORE OIL AND GAS LEASING. 
(a) REQUIREMENT TO IMMEDIATELY RESUME ON-
SHORE OIL AND GAS LEASE SALES.— 
(1) IN GENERAL.—The Secretary of the Interior 
shall immediately resume quarterly onshore oil and 
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gas lease sales in compliance with the Mineral Leas-
ing Act (30 U.S.C. 181 et seq.). 
(2) REQUIREMENT.—The Secretary of the Inte-
rior shall ensure— 
(A) that any oil and gas lease sale pursuant 
to paragraph (1) is conducted immediately on 
completion of all applicable scoping, public com-
ment, 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.); and 
(B) that the processes described in subpara-
graph (A) are conducted in a timely manner to 
ensure compliance with subsection (b)(1). 
(3) LEASE
OF
OIL
AND
GAS
LANDS.—Section 
17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 
226(b)(1)(A)) is amended by inserting ‘‘Eligible lands 
comprise all lands subject to leasing under this Act 
and not excluded from leasing by a statutory or regu-
latory prohibition. Available lands are those lands 
that have been designated as open for leasing under 
a land use plan developed under section 202 of the 
Federal Land Policy and Management Act of 1976 
and that have been nominated for leasing through the 
submission of an expression of interest, are subject to 
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drainage in the absence of leasing, or are otherwise 
designated as available pursuant to regulations 
adopted by the Secretary.’’ after ‘‘sales are nec-
essary.’’. 
(b) QUARTERLY LEASE SALES.— 
(1) IN GENERAL.—In accordance with the Min-
eral Leasing Act (30 U.S.C. 181 et seq.), each fiscal 
year, the Secretary of the Interior shall 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. 
(I) Alaska. 
(J) 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 
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paragraph, the Secretary of the Interior shall offer all 
parcels nominated and eligible pursuant to the re-
quirements of the Mineral Leasing Act (30 U.S.C. 181 
et seq.) for oil and gas exploration, development, and 
production under the resource management plan in 
effect for the State. 
(3) REPLACEMENT SALES.—The Secretary of the 
Interior shall conduct a replacement sale during the 
same fiscal year if— 
(A) a lease sale under paragraph (1) is can-
celed, delayed, or deferred, including for a lack 
of eligible parcels; or 
(B) during a lease sale under paragraph (1) 
the percentage of acreage that does not receive a 
bid is equal to or greater than 25 percent of the 
acreage offered. 
(4) NOTICE
REGARDING
MISSED
SALES.—Not 
later than 30 days after a sale required under this 
subsection is canceled, delayed, deferred, or otherwise 
missed the Secretary of the Interior shall 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 that states 
what sale was missed and why it was missed. 
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SEC. 102. LEASE REINSTATEMENT. 
The reinstatement of a lease entered into under the 
Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Geo-
thermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) by the 
Secretary shall be not considered a major Federal action 
under section 102(2)(C) of the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4332(2)(C)). 
SEC. 103. PROTESTED LEASE SALES. 
Section 17(b)(1)(A) of the Mineral Leasing Act (30 
U.S.C. 226(b)(1)(A)) is amended by inserting ‘‘The Sec-
retary shall resolve any protest to a lease sale not later than 
60 days after such payment.’’ after ‘‘annual rental for the 
first lease year.’’. 
SEC. 104. SUSPENSION OF OPERATIONS. 
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) 
is amended by adding at the end the following: 
‘‘(r) SUSPENSION OF OPERATIONS PERMITS.—In the 
event that an oil and gas lease owner has submitted an ex-
pression of interest for adjacent acreage that is part of the 
nature of the geological play and has yet to be offered in 
a lease sale by the Secretary, they may request a suspension 
of operations from the Secretary of the Interior and upon 
request, the Secretary shall grant the suspension of oper-
ations within 15 days. Any payment of acreage rental or 
of minimum royalty prescribed by such lease likewise shall 
be suspended during such period of suspension of operations 
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and production; and the term of such lease shall be extended 
by adding any such suspension period thereto.’’. 
SEC. 105. ADMINISTRATIVE PROTEST PROCESS REFORM. 
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) 
is further amended by adding at the end the following: 
‘‘(s) PROTEST FILING FEE.— 
‘‘(1) IN GENERAL.—Before processing any pro-
test filed under this section, the Secretary shall collect 
a filing fee in the amount described in paragraph (2) 
from the protestor to recover the cost for processing 
documents filed for each administrative protest. 
‘‘(2) AMOUNT.—The amount described in this 
paragraph is calculated as follows: 
‘‘(A) For each protest filed in a submission 
not exceeding 10 pages in length, the base filing 
fee shall be $150. 
‘‘(B) For each submission exceeding 10 
pages in length, in addition to the base filing fee, 
an assessment of $5 per page in excess of 10 
pages shall apply. 
‘‘(C) For protests that include more than 
one oil and gas lease parcel, right-of-way, or ap-
plication for permit to drill in a submission, an 
additional assessment of $10 per additional lease 
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parcel, right-of-way, or application for permit to 
drill shall apply. 
‘‘(3) ADJUSTMENT.— 
‘‘(A) IN GENERAL.—Beginning on January 
1, 2024, and annually thereafter, the Secretary 
shall adjust the filing fees established in this sub-
section to whole dollar amounts to reflect changes 
in the Producer Price Index, as published by the 
Bureau of Labor Statistics, for the previous 12 
months. 
‘‘(B) PUBLICATION
OF
ADJUSTED
FILING 
FEES.—At least 30 days before the filing fees as 
adjusted under this paragraph take effect, the 
Secretary shall publish notification of the adjust-
ment of such fees in the Federal Register.’’. 
SEC. 106. LEASING AND PERMITTING TRANSPARENCY. 
(a) REPORT.—Not later than 30 days after the date 
of the enactment of this section, and annually thereafter, 
the Secretary of the Interior shall submit to the Committee 
on Natural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the Sen-
ate a report that describes— 
(1) the status of nominated parcels for future on-
shore oil and gas and geothermal lease sales, includ-
ing— 
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(A) the number of expressions of interest re-
ceived each month during the period of 365 days 
that ends on the date on which the report is sub-
mitted with respect to which the Bureau of Land 
Management— 
(i) has not taken any action to review; 
(ii) has not completed review; or 
(iii) has completed review and deter-
mined that the relevant area meets all ap-
plicable requirements for leasing, but has 
not offered the relevant area in a lease sale; 
(B) how long expressions of interest de-
scribed in subparagraph (A) have been pending; 
and 
(C) a plan, including timelines, for how the 
Secretary of the Interior plans to— 
(i) work through future expressions of 
interest to prevent delays; 
(ii) put expressions of interest de-
scribed in subparagraph (A) into a lease 
sale; and 
(iii) complete review for expressions of 
interest described in clauses (i) and (ii) of 
subparagraph (A); 
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(2) the status of each pending application for 
permit to drill received during the period of 365 days 
that ends on the date on which the report is sub-
mitted, including the number of applications received 
each month, by each Bureau of Land Management of-
fice, including— 
(A) a description of the cause of delay for 
pending applications, including as a result of 
staffing shortages, technical limitations, incom-
plete applications, and incomplete review pursu-
ant to the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) or other applicable 
laws; 
(B) the number of days an application has 
been pending in violation of section 17(p)(2) of 
the Mineral Leasing Act (30 U.S.C. 226(p)(2)); 
and 
(C) a plan for how the office intends to 
come into compliance with the requirements of 
section 17(p)(2) of the Mineral Leasing Act (30 
U.S.C. 226(p)(2)); 
(3) the number of permits to drill issued each 
month by each Bureau of Land Management office 
during the 5-year period ending on the date on which 
the report is submitted; 
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(4) the status of each pending application for a 
license for offshore geological and geophysical surveys 
received during the period of 365 days that ends on 
the date on which the report is submitted, including 
the number of applications received each month, by 
each Bureau of Ocean Energy management regional 
office, including— 
(A) a description of any cause of delay for 
pending applications, including as a result of 
staffing shortages, technical limitations, incom-
plete applications, and incomplete review pursu-
ant to the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) or other applicable 
laws; 
(B) the number of days an application has 
been pending; and 
(C) a plan for how the Bureau of Ocean 
Energy Management intends to complete review 
of each application; 
(5) the number of licenses for offshore geological 
and geophysical surveys issued each month by each 
Bureau of Ocean Energy Management regional office 
during the 5-year period ending on the date on which 
the report is submitted; 
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(6) the status of each pending application for a 
permit to drill received during the period of 365 days 
that ends on the date on which the report is sub-
mitted, including the number of applications received 
each month, by 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 of 
1969 (42 U.S.C. 4321 et seq.) or other applicable 
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 re-
view of each application; 
(7) the number of permits to drill issued each 
month by each Bureau of Safety and Environmental 
Enforcement regional office during the period of 365 
days that ends on the date on which the report is sub-
mitted; 
(8) how, as applicable, the Bureau of Land Man-
agement, the Bureau of Ocean Energy Management, 
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and the Bureau of Safety and Environmental En-
forcement 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; 
(10) the degree to which Bureau of Land Man-
agement, Bureau of Ocean Energy Management, and 
Bureau of Safety and Environmental Enforcement 
field, State, and regional offices exercise discretion on 
such final approval; 
(11) during the period of 365 days that ends on 
the date on which the report is submitted, the number 
of auctioned leases receiving accepted bids that have 
not been issued to winning bidders and the number 
of 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 during the 
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5-year period ending on the date on which the report 
is submitted. 
(b) PENDING
APPLICATIONS
FOR
PERMITS
TO 
DRILL.—Not later than 30 days after the date of the enact-
ment of this section, the Secretary of the Interior shall— 
(1) complete all requirements under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and other applicable law that must be met before 
issuance of a permit to drill described in paragraph 
(2); and 
(2) issue a permit for all completed applications 
to drill that are pending on the date of the enactment 
of this Act. 
(c) PUBLIC AVAILABILITY OF DATA.— 
(1) MINERAL LEASING ACT.—Section 17 of the 
Mineral Leasing Act (30 U.S.C. 226) is further 
amended by adding at the end the following: 
‘‘(t) PUBLIC AVAILABILITY OF DATA.— 
‘‘(1) EXPRESSIONS
OF
INTEREST.—Not later 
than 30 days after the date of the enactment of this 
subsection, and each month thereafter, the Secretary 
shall publish on the website of the Department of the 
Interior the number of pending, approved, and not 
approved expressions of interest in nominated parcels 
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for future onshore oil and gas lease sales in the pre-
ceding month. 
‘‘(2) APPLICATIONS FOR PERMITS TO DRILL.— 
Not later than 30 days after the date of the enactment 
of this subsection, and each month thereafter, the Sec-
retary shall publish on the website of the Department 
of the Interior the number of pending and approved 
applications for permits to drill in the preceding 
month in each State office. 
‘‘(3) PAST DATA.—Not later than 30 days after 
the date of the enactment of this subsection, the Sec-
retary shall publish on the website of the Department 
of the Interior, with respect to each month during the 
5-year period ending on the date of the enactment of 
this subsection— 
‘‘(A) the number of approved and not ap-
proved expressions of interest for onshore oil and 
gas lease sales during such 5-year period; and 
‘‘(B) the number of approved and not ap-
proved applications for permits to drill during 
such 5-year period.’’. 
(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: 
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‘‘(q) PUBLIC AVAILABILITY OF DATA.— 
‘‘(1) OFFSHORE GEOLOGICAL AND GEOPHYSICAL 
SURVEY LICENSES.—Not later than 30 days after the 
date of the enactment of this subsection, and each 
month thereafter, the Secretary shall publish on the 
website of the Department of the Interior the number 
of pending and approved applications for licenses for 
offshore geological and geophysical surveys in the pre-
ceding month. 
‘‘(2) APPLICATIONS FOR PERMITS TO DRILL.— 
Not later than 30 days after the date of the enactment 
of this subsection, and each month thereafter, the Sec-
retary shall publish on the website of the Department 
of the Interior the number of pending and approved 
applications for permits to drill on the outer Conti-
nental Shelf in the preceding month in each regional 
office. 
‘‘(3) PAST DATA.—Not later than 30 days after 
the date of the enactment of this subsection, the Sec-
retary shall publish on the website of the Department 
of the Interior, with respect each month during the 5- 
year period ending on the date of the enactment of 
this subsection— 
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‘‘(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 COM-
MUNICATIONS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the 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 Rep-
resentatives all documents and communications relat-
ing 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 crisis at home 
and abroad). 
(2) INCLUSIONS.—The submission under para-
graph (1) shall include all documents and commu-
nications submitted to the Secretary of the Interior by 
members of the public in response to any public meet-
ing or forum relating to the comprehensive review de-
scribed in that paragraph. 
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SEC. 107. OFFSHORE OIL AND GAS LEASING. 
(a) IN GENERAL.—The Secretary shall conduct all 
lease sales described in the 2017–2022 Outer Continental 
Shelf Oil and Gas Leasing Proposed Final Program (No-
vember 2016) that have not been conducted as of the date 
of the enactment of this Act by not later than September 
30, 2023. 
(b) GULF
OF
MEXICO
REGION
ANNUAL
LEASE 
SALES.—Notwithstanding any other provision of law, and 
except within areas subject to existing oil and gas leasing 
moratoria beginning in fiscal year 2023, the Secretary of 
the Interior shall annually conduct a minimum of 2 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): 
(1) The Central Gulf of Mexico Planning Area. 
(2) The Western Gulf of Mexico Planning Area. 
(c) ALASKA REGION ANNUAL LEASE SALES.—Not-
withstanding any other provision of law, beginning in fis-
cal year 2023, the Secretary of the Interior shall annually 
conduct a minimum of 2 region-wide oil and gas lease sales 
in the Alaska region of the Outer Continental Shelf, as de-
scribed in the 2017–2022 Outer Continental Shelf Oil and 
Gas Leasing Proposed Final Program (November 2016). 
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(d) REQUIREMENTS.—In conducting lease sales under 
subsections (b) and (c), the Secretary of the Interior shall— 
(1) issue such leases in accordance with the 
Outer Continental Shelf Lands Act (43 U.S.C. 1332 
et seq.); and 
(2) include in each such lease sale all unleased 
areas that are not subject to a moratorium as of the 
date of the lease sale. 
SEC. 108. FIVE-YEAR PLAN FOR OFFSHORE OIL AND GAS 
LEASING. 
Section 18 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1344) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘subsections (c) and (d) of 
this section, shall prepare and periodically re-
vise,’’ and inserting ‘‘this section, shall issue 
every five years’’; 
(B) by adding at the end the following: 
‘‘(5) Each five-year program shall include at 
least two Gulf of Mexico region-wide lease sales per 
year.’’; and 
(C) in paragraph (3), by inserting ‘‘domes-
tic energy security,’’ after ‘‘between’’; 
(2) by redesignating subsections (f) through (i) 
as subsections (h) through (k), respectively; and 
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‘‘(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 re-
placement 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 management plan 
in effect for the State.’’. 
(b) DEADLINES FOR CONSIDERATION OF GEOTHERMAL 
DRILLING PERMITS.—Section 4 of the Geothermal Steam 
Act of 1970 (30 U.S.C. 1003) is amended by adding at the 
end the following: 
‘‘(h) DEADLINES
FOR
CONSIDERATION
OF
GEO-
THERMAL DRILLING PERMITS.— 
‘‘(1) NOTICE.—Not later than 30 days after the 
date on which the Secretary receives an application 
for any geothermal drilling permit, the Secretary 
shall— 
‘‘(A) provide written notice to the applicant 
that the application is complete; or 
‘‘(B) notify the applicant that information 
is missing and specify any information that is 
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required to be submitted for the application to be 
complete. 
‘‘(2) ISSUANCE OF DECISION.—If the Secretary 
determines that an application for a geothermal drill-
ing permit is complete under paragraph (1)(A), the 
Secretary shall issue a final decision on the applica-
tion not later than 30 days after the Secretary noti-
fies the applicant that the application is complete.’’. 
SEC. 110. LEASING FOR CERTAIN QUALIFIED COAL APPLI-
CATIONS. 
(a) DEFINITIONS.—In this section: 
(1) COAL LEASE.—The term ‘‘coal lease’’ means 
a lease entered into by the United States as lessor, 
through the Bureau of Land Management, and the 
applicant on Bureau of Land Management Form 
3400–012. 
(2) QUALIFIED APPLICATION.—The term ‘‘quali-
fied application’’ means any application pending 
under the lease by application program administered 
by the Bureau of Land Management pursuant to the 
Mineral Leasing Act (30 U.S.C. 181 et seq.) and sub-
part 3425 of title 43, Code of Federal Regulations (as 
in effect on the date of the enactment of this Act), for 
which the environmental review process under the Na-
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tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) has commenced. 
(b) MANDATORY LEASING AND OTHER REQUIRED AP-
PROVALS.—As soon as practicable after the date of the en-
actment of this Act, the Secretary shall promptly— 
(1) with respect to each qualified application— 
(A) if not previously published for public 
comment, publish a draft environmental assess-
ment, as required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and any applicable implementing regula-
tions; 
(B) finalize the fair market value of the coal 
tract for which a lease by application is pend-
ing; 
(C) take all intermediate actions necessary 
to grant the qualified application; and 
(D) grant the qualified application; and 
(2) with respect to previously awarded coal 
leases, grant any additional approvals of the Depart-
ment of the Interior or any bureau, agency, or divi-
sion of the Department of the Interior required for 
mining activities to commence. 
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SEC. 111. FUTURE COAL LEASING. 
Notwithstanding any judicial decision to the contrary 
or a departmental review of the Federal coal leasing pro-
gram, Secretarial Order 3338, issued by the Secretary of 
the Interior on January 15, 2016, shall have no force or 
effect. 
SEC. 112. STAFF PLANNING REPORT. 
The Secretary of the Interior and the Secretary of Ag-
riculture shall each annually submit to the Committee on 
Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate 
a report on the staffing capacity of each respective agency 
with respect to issuing oil, gas, hardrock mining, coal, and 
renewable energy leases, rights-of-way, claims, easements, 
and permits. Each such report shall include— 
(1) the number of staff assigned to process and 
issue oil, gas, hardrock mining, coal, and renewable 
energy leases, rights-of-way, claims, easements, and 
permits; 
(2) a description of how many staff are needed 
to meet statutory requirements for such oil, gas, 
hardrock mining, coal, and renewable energy leases, 
rights-of-way, claims, easements, and permits; and 
(3) how, as applicable, the Department of the In-
terior or the Department of Agriculture plans to ad-
dress staffing shortfalls and turnover to ensure ade-
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quate staffing to process and issue such oil, gas, 
hardrock mining, coal, and renewable energy leases, 
rights-of-way, claims, easements, and permits. 
SEC. 113. PROHIBITION ON CHINESE COMMUNIST PARTY 
OWNERSHIP INTEREST. 
Notwithstanding any other provision of law, the Com-
munist Party of China (or a person acting on behalf of the 
Community Party of China) may not acquire any interest 
with respect to lands leased for oil or gas under the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331 et seq.). 
SEC. 114. EFFECT ON OTHER LAW. 
Nothing in this Act, or any amendments made by this 
Act, shall affect— 
(1) the Presidential memorandum titled ‘‘Memo-
randum on Withdrawal of Certain Areas of the 
United States Outer Continental Shelf From Leasing 
Disposition’’ and dated September 8, 2020; 
(2) the Presidential memorandum titled ‘‘Memo-
randum on Withdrawal of Certain Areas of the 
United States Outer Continental Shelf From Leasing 
Disposition’’ and dated September 25, 2020; 
(3) the Presidential memorandum titled ‘‘Memo-
randum on Withdrawal of Certain Areas off the At-
lantic Coast on the Outer Continental Shelf From 
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Leasing Disposition’’ and dated December 20, 2016; 
or 
(4) the ban on oil and gas development in the 
Great Lakes described in section 386 of the Energy 
Policy Act of 2005 (42 U.S.C. 15941). 
TITLE II—PERMITTING 
STREAMLINING 
SEC. 201. DEFINITIONS. 
In this title: 
(1) ENERGY FACILITY.—The term ‘‘energy facil-
ity’’ means a facility the primary purpose of which 
is the exploration for, or the development, production, 
conversion, gathering, 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, electricity; 
and 
(B) includes a battery, regenerative fuel cell, 
flywheel, capacitor, superconducting magnet, and 
any other equipment the Secretary concerned de-
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termines may be used to store energy which may 
be converted into, or used to produce, electricity. 
(3) PUBLIC LANDS.—The term ‘‘public lands’’ 
means any land and interest in land owned by the 
United States within the several States and adminis-
tered by the Secretary of the Interior or the Secretary 
of Agriculture without regard to how the United 
States acquired ownership, except— 
(A) lands located on the Outer Continental 
Shelf; and 
(B) lands held in trust by the United States 
for the benefit of Indians, Indian Tribes, Aleuts, 
and Eskimos. 
(4) RIGHT-OF-WAY.—The term ‘‘right-of-way’’ 
means— 
(A) a right-of-way issued, granted, or re-
newed under section 501 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1761); or 
(B) a right-of-way granted under section 28 
of the Mineral Leasing Act (30 U.S.C. 185). 
(5) SECRETARY
CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) with respect to public lands, the Sec-
retary of the Interior; and 
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(B) with respect to National Forest System 
lands, the Secretary of Agriculture. 
(6) LAND USE PLAN.—The term ‘‘land use plan’’ 
means— 
(A) a land and resource management plan 
prepared by the Forest Service for a unit of the 
National Forest System pursuant to section 6 of 
the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1604); 
(B) a Land Management Plan developed by 
the Bureau of Land Management under the Fed-
eral Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.); or 
(C) a comprehensive conservation plan de-
veloped by the United States Fish and Wildlife 
Service under section 4(e)(1)(A) of the National 
Wildlife Refuge System Administration Act of 
1966 (16 U.S.C. 668dd(e)(1)(A)). 
SEC. 202. BUILDER ACT. 
(a) PARAGRAPH (2) OF SECTION 102.—Section 102(2) 
of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)) is amended— 
(1) in subparagraph (A), by striking ‘‘insure’’ 
and inserting ‘‘ensure’’; 
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(2) in subparagraph (B), by striking ‘‘insure’’ 
and inserting ‘‘ensure’’; 
(3) in subparagraph (C)— 
(A) by inserting ‘‘consistent with the provi-
sions of this Act and except as provided by other 
provisions of law,’’ before ‘‘include in every’’; 
(B) by striking clauses (i) through (v) and 
inserting the following: 
‘‘(i) reasonably foreseeable environmental ef-
fects with a reasonably close causal relationship 
to the proposed agency action; 
‘‘(ii) any reasonably foreseeable adverse en-
vironmental effects which cannot be avoided 
should the proposal be implemented; 
‘‘(iii) a reasonable number of alternatives to 
the proposed agency action, including an anal-
ysis of any negative environmental impacts of 
not implementing the proposed agency action in 
the case of a no action alternative, that are tech-
nically and economically feasible, are within the 
jurisdiction of the agency, meet the purpose and 
need of the proposal, and, where applicable, meet 
the goals of the applicant; 
‘‘(iv) the relationship between local short- 
term uses of man’s environment and the mainte-
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nance and enhancement of long-term produc-
tivity; and 
‘‘(v) any irreversible and irretrievable com-
mitments of Federal resources which would be 
involved in the proposed agency action should it 
be implemented.’’; and 
(C) by striking ‘‘the responsible Federal offi-
cial’’ and inserting ‘‘the head of the lead agen-
cy’’; 
(4) in subparagraph (D), by striking ‘‘Any’’ and 
inserting ‘‘any’’; 
(5) by redesignating subparagraphs (D) through 
(I) as subparagraphs (F) through (K), respectively; 
(6) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) ensure the professional integrity, including 
scientific integrity, of the discussion and analysis in 
an environmental document; 
‘‘(E) make use of reliable existing data and re-
sources in carrying out this Act;’’; 
(7) by amending subparagraph (G), as redesig-
nated, to read as follows: 
‘‘(G) consistent with the provisions of this Act, 
study, develop, and describe technically and economi-
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cally feasible alternatives within the jurisdiction and 
authority of the agency;’’; and 
(8) in subparagraph (H), as amended, by insert-
ing ‘‘consistent with the provisions of this Act,’’ before 
‘‘recognize’’. 
(b) NEW SECTIONS.—Title I of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF 
REVIEW. 
‘‘(a) THRESHOLD DETERMINATIONS.—An agency is 
not required to prepare an environmental document with 
respect to a proposed agency action if— 
‘‘(1) the proposed agency action is not a final 
agency action within the meaning of such term in 
chapter 5 of title 5, United States Code; 
‘‘(2) the proposed agency action is covered by a 
categorical exclusion established by the agency, an-
other Federal agency, or another provision of law; 
‘‘(3) the preparation of such document would 
clearly and fundamentally conflict with the require-
ments of another provision of law; 
‘‘(4) the proposed agency action is, in whole or 
in part, a nondiscretionary action with respect to 
which such agency does not have authority to take en-
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vironmental factors into consideration in determining 
whether to take the proposed action; 
‘‘(5) the proposed agency action is a rulemaking 
that is subject to section 553 of title 5, United States 
Code; or 
‘‘(6) the proposed agency action is an action for 
which such agency’s compliance with another statute’s 
requirements serve the same or similar function as the 
requirements of this Act with respect to such action. 
‘‘(b) LEVELS OF REVIEW.— 
‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.—An 
agency shall issue an environmental impact statement 
with respect to a proposed agency action that has a 
significant effect on the quality of the human environ-
ment. 
‘‘(2) ENVIRONMENTAL ASSESSMENT.—An agency 
shall prepare an environmental assessment with re-
spect to a proposed agency action that is not likely 
to have a significant effect on the quality of the 
human environment, or if the significance of such ef-
fect is unknown, unless the agency finds that a cat-
egorical exclusion established by the agency, another 
Federal agency, or another provision of law applies. 
Such environmental assessment shall be a concise 
public document prepared by a Federal agency to set 
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forth the basis of such agency’s finding of no signifi-
cant impact. 
‘‘(3) SOURCES OF INFORMATION.—In making a 
determination under this subsection, an agency— 
‘‘(A) may make use of any reliable data 
source; and 
‘‘(B) is not required to undertake new sci-
entific or technical research. 
‘‘SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS. 
‘‘(a) LEAD AGENCY.— 
‘‘(1) DESIGNATION.— 
‘‘(A) IN
GENERAL.—If there are two or 
more involved Federal agencies, such agencies 
shall determine, by letter or memorandum, which 
agency shall be the lead agency based on consid-
eration of the following factors: 
‘‘(i) Magnitude of agency’s involve-
ment. 
‘‘(ii) Project approval or disapproval 
authority. 
‘‘(iii) Expertise concerning the action’s 
environmental effects. 
‘‘(iv) Duration of agency’s involve-
ment. 
‘‘(v) Sequence of agency’s involvement. 
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‘‘(D) develop a schedule, in consultation 
with each involved cooperating agency, the ap-
plicant, and such other entities as the lead agen-
cy determines appropriate, for completion of any 
environmental review, permit, or authorization 
required to carry out the proposed agency action; 
‘‘(E) if the lead agency determines that a 
review, permit, or authorization will not be com-
pleted in accordance with the schedule developed 
under subparagraph (D), notify the agency re-
sponsible for issuing such review, permit, or au-
thorization of the discrepancy and request that 
such agency take such measures as such agency 
determines appropriate to comply with such 
schedule; and 
‘‘(F) meet with a cooperating agency that 
requests such a meeting. 
‘‘(3) COOPERATING
AGENCY.—The lead agency 
may, with respect to a proposed agency action, des-
ignate any involved Federal agency or a State, Trib-
al, or local agency as a cooperating agency. A cooper-
ating agency may, not later than a date specified by 
the lead agency, submit comments to the lead agency. 
Such comments shall be limited to matters relating to 
the proposed agency action with respect to which such 
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agency has special expertise or jurisdiction by law 
with respect to an environmental issue. 
‘‘(4) REQUEST FOR DESIGNATION.—Any Federal, 
State, Tribal, or local agency or person that is sub-
stantially affected by the lack of a designation of a 
lead agency with respect to a proposed agency action 
under paragraph (1) may submit a written request 
for such a designation to an involved Federal agency. 
An agency that receives a request under this para-
graph shall transmit such request to each involved 
Federal agency and to the Council. 
‘‘(5) COUNCIL DESIGNATION.— 
‘‘(A) REQUEST.—Not earlier than 45 days 
after the date on which a request is submitted 
under paragraph (4), if no designation has been 
made under paragraph (1), a Federal, State, 
Tribal, or local agency or person that is substan-
tially affected by the lack of a designation of a 
lead agency may request that the Council des-
ignate a lead agency. Such request shall consist 
of— 
‘‘(i) a precise description of the nature 
and extent of the proposed agency action; 
and 
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‘‘(2) CONSIDERATION TIMING.—In developing an 
environmental document for a proposed agency ac-
tion, no involved Federal agency shall be required to 
consider any information that becomes available after 
the sooner of, as applicable— 
‘‘(A) receipt of a complete application with 
respect to such proposed agency action; or 
‘‘(B) publication of a notice of intent or de-
cision to prepare an environmental impact state-
ment for such proposed agency action. 
‘‘(3) SCOPE OF REVIEW.—In developing an envi-
ronmental document for a proposed agency action, the 
lead agency and any other involved Federal agencies 
shall only consider the effects of the proposed agency 
action that— 
‘‘(A) occur on Federal land; or 
‘‘(B) are subject to Federal control and re-
sponsibility. 
‘‘(c) REQUEST FOR PUBLIC COMMENT.—Each notice 
of intent to prepare an environmental impact statement 
under section 102 shall include a request for public com-
ment on alternatives or impacts and on relevant informa-
tion, studies, or analyses with respect to the proposed agen-
cy action. 
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‘‘(d) STATEMENT OF PURPOSE AND NEED.—Each en-
vironmental impact statement shall include a statement of 
purpose and need that briefly summarizes the underlying 
purpose and need for the proposed agency action. 
‘‘(e) ESTIMATED TOTAL COST.—The cover sheet for 
each environmental impact statement shall include a state-
ment of the estimated total cost of preparing such environ-
mental impact statement, including the costs of agency full- 
time equivalent personnel hours, contractor costs, and other 
direct costs. 
‘‘(f) PAGE LIMITS.— 
‘‘(1) ENVIRONMENTAL IMPACT STATEMENTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an environmental impact 
statement shall not exceed 150 pages, not includ-
ing any citations or appendices. 
‘‘(B) EXTRAORDINARY
COMPLEXITY.—An 
environmental impact statement for a proposed 
agency action of extraordinary complexity shall 
not exceed 300 pages, not including any cita-
tions or appendices. 
‘‘(2) ENVIRONMENTAL ASSESSMENTS.—An envi-
ronmental assessment shall not exceed 75 pages, not 
including any citations or appendices. 
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‘‘(g) SPONSOR PREPARATION.—A lead agency shall 
allow a project sponsor to prepare an environmental assess-
ment or an environmental impact statement upon request 
of the project sponsor. Such agency may provide such spon-
sor with appropriate guidance and assist in the prepara-
tion. The lead agency shall independently evaluate the envi-
ronmental document and shall take responsibility for the 
contents upon adoption. 
‘‘(h) DEADLINES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), with respect to a proposed agency action, 
a lead agency shall complete, as applicable— 
‘‘(A) the environmental impact statement 
not later than the date that is 2 years after the 
sooner of, as applicable— 
‘‘(i) the date on which such agency de-
termines that section 102(2)(C) requires the 
issuance of an environmental impact state-
ment with respect to such action; 
‘‘(ii) the date on which such agency no-
tifies the applicant that the application to 
establish a right-of-way for such action is 
complete; and 
‘‘(iii) the date on which such agency 
issues a notice of intent to prepare the envi-
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ronmental impact statement for such action; 
and 
‘‘(B) the environmental assessment not later 
than the date that is 1 year after the sooner of, 
as applicable— 
‘‘(i) the date on which such agency de-
termines that section 106(b)(2) requires the 
preparation of an environmental assessment 
with respect to such action; 
‘‘(ii) the date on which such agency no-
tifies the applicant that the application to 
establish a right-of-way for such action is 
complete; and 
‘‘(iii) the date on which such agency 
issues a notice of intent to prepare the envi-
ronmental 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. 
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‘‘(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 described in 
paragraph (1) or extended under paragraph (2) up 
until the date that an applicant approves a new 
deadline. This paragraph does not apply when the 
lead agency misses a deadline solely due to delays 
caused by litigation. 
‘‘(i) REPORT.— 
‘‘(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. 
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‘‘(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 
‘‘(iii) such lead agency issued a notice 
of intent to prepare the environmental as-
sessment or environmental impact statement 
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 action 
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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-
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; 
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‘‘(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 establish-
ment or use of a categorical exclusion under section 
102; and 
‘‘(5) such claim concerns— 
‘‘(A) an alternative included in the environ-
mental document; or 
‘‘(B) an environmental effect considered in 
the environmental document. 
‘‘(b) SUPPLEMENTAL ENVIRONMENTAL IMPACT STATE-
MENT.— 
‘‘(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 
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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 agency 
action resulting from a final supplemental envi-
ronmental 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.—Notwith-
standing any other provision of law, a violation of this Act 
shall not constitute the basis for injunctive relief. 
‘‘(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 allow-
ing such proposed action will pose a risk of an imminent 
and substantial environmental harm and there is no other 
equitable remedy available as a matter of law. 
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‘‘SEC. 109. DEFINITIONS. 
‘‘In this title: 
‘‘(1) CATEGORICAL EXCLUSION.—The term ‘cat-
egorical exclusion’ means a category of actions that a 
Federal agency has determined normally does not sig-
nificantly affect the quality of the human environ-
ment within the meaning of section 102(2)(C). 
‘‘(2) COOPERATING AGENCY.—The term ‘cooper-
ating agency’ means any Federal, State, Tribal, or 
local agency that has been designated as a cooper-
ating agency under section 107(a)(3). 
‘‘(3) COUNCIL.—The term ‘Council’ means the 
Council on Environmental Quality established in title 
II. 
‘‘(4) ENVIRONMENTAL ASSESSMENT.—The term 
‘environmental assessment’ means an environmental 
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 de-
tailed written statement that is required by section 
102(2)(C). 
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‘‘(7) FINDING OF NO SIGNIFICANT IMPACT.—The 
term ‘finding of no significant impact’ means a deter-
mination by a Federal agency that a proposed agency 
action does not require the issuance of an environ-
mental 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 functional 
interdependence or geographic proximity, to an 
action such agency has taken or has proposed 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 action— 
‘‘(i) the agency that proposed such ac-
tion; or 
‘‘(ii) if there are 2 or more involved 
Federal agencies with respect to such action, 
the 
agency 
designated 
under 
section 
107(a)(1). 
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‘‘(B) SPECIFICATION FOR MINERAL EXPLO-
RATION OR MINE PERMITS.—With respect to a 
proposed mineral exploration or mine permit, 
the term ‘lead agency’ has the meaning given 
such term in section 40206(a) of the Infrastruc-
ture 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 responsibility. 
‘‘(B) EXCLUSION.—The term ‘major Federal 
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 compliance 
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or enforcement responsibility over the subse-
quent use of such funds; 
‘‘(iii) loans, loan guarantees, or other 
forms of financial assistance where a Fed-
eral agency does not exercise sufficient con-
trol and responsibility over the effect of the 
action; 
‘‘(iv) farm ownership and operating 
loan guarantees by the Farm Service Agen-
cy pursuant to sections 305 and 311 
through 319 of the Consolidated Farmers 
Home Administration Act of 1961 (7 U.S.C. 
1925 and 1941 through 1949); 
‘‘(v) business loan guarantees provided 
by the Small Business Administration pur-
suant 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 de-
cisions, which means agency activities or 
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decisions with effects located entirely outside 
of the jurisdiction of the United States. 
‘‘(C) ADDITIONAL EXCLUSIONS.—An agency 
action may not be determined to be a major Fed-
eral 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’ 
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 docu-
ment; and 
‘‘(B) in an area directly affected by the pro-
posed agency action such that an individual of 
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ordinary prudence would take such occurrence 
into account in reaching a decision. 
‘‘(14) SPECIAL EXPERTISE.—The term ‘special 
expertise’ means statutory responsibility, agency mis-
sion, or related program experience.’’. 
SEC. 203. 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 Environmental 
Quality titled ‘‘Update to the Regulations Implementing the 
Procedural Provisions of the National Environmental Pol-
icy 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. 204. NON-MAJOR FEDERAL ACTIONS. 
(a) EXEMPTION.—An action by the Secretary con-
cerned with respect to a covered activity shall be not consid-
ered 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; 
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(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 construction 
or making improvements for such activities, where— 
(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 towers, 
transformers, bushings, or relays; 
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(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 vegeta-
tion within or adjacent to an existing right-of- 
way; 
(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— 
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(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. 205. 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 acreage and 
function, resulting from a proposed action, decision, or ac-
tivity within an existing right-of-way, within a right-of- 
way corridor established in a land use plan, or in an other-
wise designated right-of-way, that action, decision, or activ-
ity shall not be considered 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) INCLUSION OF REMEDIATION.—In making a deter-
mination under subsection (a), the Secretary concerned 
shall consider the effect of any remediation work to be con-
ducted during the lifetime of the action, decision, or activity 
when determining whether there will be any overall long- 
term net loss of vegetation, soil, or habitat. 
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SEC. 206. DETERMINATION OF NATIONAL ENVIRONMENTAL 
POLICY ACT ADEQUACY. 
The Secretary concerned shall use previously completed 
environmental assessments and environmental impact 
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 Sec-
retary 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 substan-
tially the same as the effects analyzed in such existing 
environmental assessments or environmental impact 
statements. 
SEC. 207. 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. 
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SEC. 208. TERMS OF RIGHTS-OF-WAY. 
(a) FIFTY YEAR TERMS FOR RIGHTS-OF-WAY.— 
(1) IN GENERAL.—Any right-of-way for pipelines 
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 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 re-
newed under subsection (a)(4) may be limited to a term 
of not more than 50 years before such right-of-way is subject 
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. 209. 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 no-
tice, may accept and expend funds contributed by non-Fed-
eral entities for dedicated staff, information resource man-
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agement, and information technology system development 
to expedite the evaluation of permits, biological opinions, 
concurrence letters, environmental surveys and studies, 
processing of applications, consultations, and other activi-
ties for the leasing, development, or expansion of an energy 
facility under the jurisdiction of the respective 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. 
(c) STATEMENT FOR FAILURE TO ACCEPT OR EXPEND 
FUNDS.—Not later than 60 days after the end of the appli-
cable fiscal year, if the Secretary of Agriculture (acting 
through the Forest Service) or the Secretary of the Interior 
does not accept funds contributed under subsection (a) or 
accepts but does not expend such funds, that Secretary shall 
submit to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Nat-
ural Resources of the Senate a statement explaining why 
such funds were not accepted, were not expended, or both, 
as the case may be. 
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SEC. 210. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SUR-
VEY LICENSING. 
The Secretary of the Interior shall authorize geological 
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 moratoria. Such 
authorizations shall be issued within 30 days of receipt of 
a completed application and shall, as applicable to survey 
type, comply with the mitigation and monitoring measures 
in subsections (a), (b), (c), (d), (f), and (g) of section 
217.184 of title 50, Code of Federal Regulations (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. 
SEC. 211. 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 
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with the permit, unless such formatting issue re-
sults in missing information.’’. 
SEC. 212. 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 per-
mit to drill or other authorizations or approvals 
under a valid existing lease, unless a United States 
Federal court vacated such lease. Nothing in this 
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 re-
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garding which the permit is issued expires, whichever oc-
curs first.’’. 
SEC. 213. 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 Mineral 
Leasing Act (30 U.S.C. 181 et seq.) for the purpose of explo-
ration 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 referred 
to in subsection (a) are as follows: 
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‘‘(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 eval-
uated in a document previously prepared under sec-
tion 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)) with respect 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. 
‘‘(C) Expansion or modification of an exist-
ing oil or gas well pad site, road, pipeline, facil-
ity, 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. 
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‘‘(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. 
‘‘(C) Expansion or modification of an exist-
ing oil or gas well pad site, road, pipeline, facil-
ity, or utility submitted in a sundry notice. 
‘‘(6) Drilling of an oil or gas well from non-Fed-
eral 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. 
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‘‘(8) Construction of up to 3 miles of individual 
pipelines or utilities, regardless of surface owner-
ship.’’. 
SEC. 214. ACCESS TO FEDERAL ENERGY RESOURCES FROM 
NON-FEDERAL SURFACE ESTATE. 
(a) OIL AND GAS PERMITS.—Section 17 of the Mineral 
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— 
‘‘(A) the United States holds an ownership 
interest of less than 50 percent of the subsurface 
mineral estate to be accessed by the proposed ac-
tion; 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 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 ac-
tion; 
‘‘(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 
‘‘(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 
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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 Federal 
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— 
‘‘(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 
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‘‘(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 geothermal 
exploration and production activities conducted on a non- 
Federal surface estate, provided that— 
‘‘(1) the United States holds an ownership inter-
est 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 
production activities on the non-Federal surface es-
tate. 
‘‘(b) NO FEDERAL ACTION.—A geothermal exploration 
and production activity carried out under paragraph (1)— 
‘‘(1) shall not be considered a major Federal ac-
tion for the purposes of section 102(2)(C) of the Na-
tional Environmental Policy Act of 1969; 
‘‘(2) shall require no additional Federal action; 
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‘‘(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 in-
spections to ensure proper accountability, measurement, 
and reporting of the production described in paragraph (1), 
and payment of royalties. 
‘‘(d) EXCEPTIONS.—This section shall not apply to ac-
tions 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 
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‘‘(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. 215. 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— 
(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. 216. 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 strik-
ing ‘‘to be an action that is categorically excluded (as de-
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fined in section 1508.1 of title 40, Code of Federal Regula-
tions (as in effect on the date of enactment of this Act))’’ 
and inserting ‘‘to not be a major Federal action’’. 
SEC. 217. LEASE SALE LITIGATION. 
Notwithstanding any other provision of law, any oil 
and gas lease sale held under section 17 of the Mineral Leas-
ing 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 con-
cludes allowing development of the challenged lease will pose 
a risk of an imminent and substantial environmental 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 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 Mineral Leasing Act (26 
U.S.C. 226) or the Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.) if the Department 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. 218. LIMITATION ON CLAIMS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, a claim arising under Federal law seeking judi-
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cial review of a permit, license, or approval issued by a 
Federal agency for a mineral project, energy facility, or en-
ergy 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 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, license, or approval and such comment was 
sufficiently detailed to put the agency on notice of the 
issue upon which the party seeks judicial review. 
(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— 
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(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 producing 
minerals. 
SEC. 219. GOVERNMENT ACCOUNTABILITY OFFICE REPORT 
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— 
(1) the approval timelines for applications for 
permits to drill issued by the Bureau of Land Man-
agement from 2018 through 2022; 
(2) the number of applications for permits to 
drill that were not issued within 30 days of receipt 
of a completed application; and 
(3) the causes of delays resulting in applications 
for permits to drill pending beyond the 30 day dead-
line required under section 17(p)(2) of the Mineral 
Leasing Act (30 U.S.C. 226(p)(2)). 
(b) RECOMMENDATIONS.—The report issued under 
subsection (a) shall include recommendations with respect 
to— 
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(1) actions the Bureau of Land Management can 
take to streamline the approval process for applica-
tions for permits to drill to approve applications for 
permits to drill within 30 days of receipt of a com-
pleted application; 
(2) aspects of the Federal permitting process car-
ried out by the Bureau of Land Management to issue 
applications for permits to drill that can be turned 
over to States to expedite approval of applications for 
permits to drill; and 
(3) legislative actions that Congress must take to 
allow States to administer certain aspects of the Fed-
eral permitting process described in paragraph (2). 
SEC. 220. 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 materials 
for their application in one unified portal; 
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(B) upload additional documents as re-
quired by the applicable agency; and 
(C) track the progress of individual applica-
tions; 
(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 
(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. 
TITLE III—PERMITTING FOR 
MINING NEEDS 
SEC. 301. DEFINITIONS. 
In this title: 
(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)). 
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(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 acquired 
by the United States’’, as such term is defined in sec-
tion 2 of the Mineral Leasing Act for Acquired 
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 Inte-
rior. 
(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. 
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SEC. 302. 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-
bility for issuing a mineral exploration or mine per-
mit or lease for a mineral project. 
‘‘(2) MINERAL.—The term ‘mineral’ has the 
meaning given such term in section 301 of the TAPP 
American Resources Act. 
‘‘(3) MINERAL EXPLORATION OR MINE PERMIT.— 
The term ‘mineral exploration or mine permit’ 
means— 
‘‘(A) an authorization of the Bureau of 
Land Management or the Forest Service, as ap-
plicable, for exploration for minerals that re-
quires analysis under the National Environ-
mental Policy Act of 1969; 
‘‘(B) a plan of operations for a mineral 
project approved by the Bureau of Land Man-
agement or the Forest Service; or 
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‘‘(C) any other Federal permit or authoriza-
tion for a mineral project. 
‘‘(4) MINERAL
PROJECT.—The term ‘mineral 
project’ means a project— 
‘‘(A) located on— 
‘‘(i) a mining claim, millsite claim, or 
tunnel site claim for any mineral; 
‘‘(ii) lands open to mineral entry; or 
‘‘(iii) a Federal mineral lease; and 
‘‘(B) for the purposes of exploring for or 
producing minerals.’’. 
(3) in subsection (b), by striking ‘‘critical’’ each 
place such term appears; 
(4) in subsection (c)— 
(A) by striking ‘‘critical mineral production 
on Federal land’’ and inserting ‘‘mineral 
projects’’; 
(B) by inserting ‘‘, and in accordance with 
subsection (h)’’ after ‘‘to the maximum extent 
practicable’’; 
(C) by striking ‘‘shall complete the’’ and in-
serting ‘‘shall complete such’’; 
(D) in paragraph (1), by striking ‘‘critical 
mineral-related activities on Federal land’’ and 
inserting ‘‘mineral projects’’; 
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(E) in paragraph (8), by striking the ‘‘and’’ 
at the end; 
(F) in paragraph (9), by striking ‘‘proce-
dures.’’ and inserting ‘‘procedures; and’’; and 
(G) by adding at the end the following: 
‘‘(10) deferring to and relying on baseline data, 
analyses, and reviews performed by State agencies 
with jurisdiction over the environmental or reclama-
tion permits for the proposed mineral project.’’; 
(5) in subsection (d)— 
(A) by striking ‘‘critical’’ each place such 
term appears; and 
(B) in paragraph (3), by striking ‘‘mineral- 
related activities on Federal land’’ and inserting 
‘‘mineral projects’’; 
(6) in subsection (e), by striking ‘‘critical’’; 
(7) in subsection (f), by striking ‘‘critical’’ each 
place such term appears; 
(8) in subsection (g), by striking ‘‘critical’’ each 
place such term appears; and 
(9) by adding at the end the following: 
‘‘(h) OTHER REQUIREMENTS.— 
‘‘(1) MEMORANDUM OF AGREEMENT.—For pur-
poses of maximizing efficiency and effectiveness of the 
Federal permitting and review processes described 
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under subsection (c), the lead agency in the Federal 
permitting and review processes of a mineral project 
shall (in consultation with any other Federal agency 
involved in such Federal permitting and review proc-
esses, and upon request of the project applicant, an 
affected State government, local government, or an In-
dian Tribe, or other entity such lead agency deter-
mines appropriate) enter into a memorandum of 
agreement with a project applicant where requested 
by the applicant to carry out the activities described 
in subsection (c). 
‘‘(2) TIMELINES AND SCHEDULES FOR NEPA RE-
VIEWS.— 
‘‘(A) EXTENSION.—A project applicant may 
enter into 1 or more agreements with a lead 
agency to extend the deadlines described in sub-
paragraphs (A) and (B) of subsection (h)(1) of 
section 107 of title I of the National Environ-
mental Policy Act of 1969 by, with respect to 
each such agreement, not more than 6 months. 
‘‘(B) ADJUSTMENT OF TIMELINES.—At the 
request of a project applicant, the lead agency 
and any other entity which is a signatory to a 
memorandum of agreement under paragraph (1) 
may, by unanimous agreement, adjust— 
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‘‘(i) any deadlines described in sub-
paragraph (A); and 
‘‘(ii) any deadlines extended under 
subparagraph (B). 
‘‘(3) EFFECT ON PENDING APPLICATIONS.—Upon 
a written request by a project applicant, the require-
ments of this subsection shall apply to any applica-
tion for a mineral exploration or mine permit or 
mineral lease that was submitted before the date of the 
enactment of the TAPP American Resources Act.’’. 
SEC. 303. FEDERAL REGISTER PROCESS IMPROVEMENT. 
Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 
1606(f)) is amended— 
(1) in paragraph (2), by striking ‘‘critical’’ both 
places such term appears; and 
(2) by striking paragraph (4). 
SEC. 304. DESIGNATION OF MINING AS A COVERED SECTOR 
FOR FEDERAL PERMITTING IMPROVEMENT 
PURPOSES. 
Section 41001(6)(A) of the FAST Act (42 U.S.C. 
4370m(6)(A)) is amended by inserting ‘‘mineral produc-
tion,’’ before ‘‘or any other sector’’. 
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SEC. 305. TREATMENT OF ACTIONS UNDER PRESIDENTIAL 
DETERMINATION 2022–11 FOR FEDERAL PER-
MITTING IMPROVEMENT PURPOSES. 
(a) IN GENERAL.—Except as provided by subsection 
(c), an action described in subsection (b) shall be— 
(1) treated as a covered project, as defined in 
section 41001(6) of the FAST Act (42 U.S.C. 
4370m(6)), without regard to the requirements of that 
section; and 
(2) included in the Permitting Dashboard main-
tained pursuant to section 41003(b) of that Act (42 
13 U.S.C. 4370m–2(b)). 
(b) ACTIONS DESCRIBED.—An action described in this 
subsection is an action taken by the Secretary of Defense 
pursuant to Presidential Determination 2022–11 (87 Fed. 
Reg. 19775; relating to certain actions under section 303 
of the Defense Production Act of 1950) or the Presidential 
Memorandum of February 27, 2023, titled ‘‘Presidential 
Waiver of Statutory Requirements Pursuant to Section 303 
of the Defense Production Act of 1950, as amended, on De-
partment of Defense Supply Chains Resilience’’ (88 Fed. 
Reg. 13015) to create, maintain, protect, expand, or restore 
sustainable and responsible domestic production capabili-
ties through— 
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(1) supporting feasibility studies for mature 
mining, beneficiation, and value-added processing 
projects; 
(2) byproduct and co-product production at ex-
isting mining, mine waste reclamation, and other in-
dustrial facilities; 
(3) modernization of mining, beneficiation, and 
value-added processing to increase productivity, envi-
ronmental sustainability, and workforce safety; or 
(4) any other activity authorized under section 
303(a)(1) of the Defense Production Act of 1950 15 
(50 U.S.C. 4533(a)(1)). 
(c) EXCEPTION.—An action described in subsection (b) 
may not be treated as a covered project or be included in 
the Permitting Dashboard under subsection (a) if the 
project sponsor (as defined in section 41001(18) of the 
FAST Act (42 U.S.C. 21 4370m(18))) requests that the ac-
tion not be treated as a covered project. 
SEC. 306. NOTICE FOR MINERAL EXPLORATION ACTIVITIES 
WITH LIMITED SURFACE DISTURBANCE. 
(a) IN GENERAL.—Not later than 15 days before com-
mencing an exploration activity with a surface disturbance 
of not more than 5 acres of public lands, the operator of 
such exploration activity shall submit to the Secretary con-
cerned a complete notice of such exploration activity. 
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(b) INCLUSIONS.—Notice submitted under subsection 
(a) shall include such information the Secretary concerned 
may require, including the information described in section 
3809.301 of title 43, Code of Federal Regulations (or any 
successor regulation). 
(c) REVIEW.—Not later than 15 days after the Sec-
retary concerned receives notice submitted under subsection 
(a), the Secretary concerned shall— 
(1) review and determine completeness of the no-
tice; and 
(2) allow exploration activities to proceed if— 
(A) the surface disturbance of such explo-
ration activities on such public lands will not 
exceed 5 acres; 
(B) the Secretary concerned determines that 
the notice is complete; and 
(C) the operator provides financial assur-
ance that the Secretary concerned determines is 
adequate. 
(d) DEFINITIONS.—In this section: 
(1) EXPLORATION ACTIVITY.—The term ‘‘explo-
ration activity’’— 
(A) means creating surface disturbance 
greater than casual use that includes sampling, 
drilling, or developing surface or underground 
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