TAP American Energy Act
Bill: H.R.9087 | Sponsor: Rep. Westerman, Bruce (R-AR)
Policy area: Energy

Summary:
Transparency And Production of American Energy Act or the TAP American Energy Act
This bill modifies requirements related to the exploration and development of energy resources (e.g., oil, gas, and renewable energy projects). For example, it sets forth provisions to (1) resume sales of onshore and offshore oil and gas leases and restrict the President from imposing bans on or otherwise limiting energy leasing and mineral withdrawals without congressional approval, (2) set timeframes for and makes other changes to certain environmental requirements that apply to energy projects, and (3) address various aspects of permitting and regulating pipelines and energy infrastructure projects.

To restart onshore and offshore oil and gas leasing, streamline 
  permitting for energy infrastructure, ensure transparency in energy 
         development on Federal lands, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Transparency And 
Production of American Energy Act'' or the ``TAP American Energy Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Severability.
                 TITLE I--FEDERAL OIL AND GAS PROGRAMS

Sec. 101. Prohibition on moratoria of new energy leases on certain 
                            Federal land and on withdrawal of Federal 
                            land from energy development.
Sec. 102. Onshore oil and gas leasing.
Sec. 103. Processing applications for permits to drill.
Sec. 104. Access to Federal oil and gas from non-Federal surface 
                            estate.
Sec. 105. Offshore oil and gas leasing.
Sec. 106. Five-year plan for offshore oil and gas leasing.
Sec. 107. Offshore geological and geophysical survey licensing.
TITLE II--OVERSIGHT AND TRANSPARENCY OF FEDERAL ENERGY LEASING PROGRAMS

Sec. 201. Expressions of interest; applications for permits to drill; 
                            offshore geological and geophysical survey 
                            licensing.
Sec. 202. Staff planning report.
                TITLE III--ADVANCING U.S. ENERGY SYSTEMS

Sec. 301. Definitions.
Sec. 302. Renewable energy and transmission projects and rights-of-way.
Sec. 303. No net loss determination for existing rights-of-way.
Sec. 304. National Environmental Policy Act clarification.
Sec. 305. Determination of National Environmental Policy Act adequacy.
Sec. 306. National Environmental Policy Act review deadlines.
Sec. 307. Determination regarding right-of-way.
Sec. 308. Energy corridor expansion.
Sec. 309. Funding to process permits and develop information 
                            technology.
Sec. 310. Geothermal leasing.
Sec. 311. Terms of rights-of-way.
Sec. 312. Limitation on claims.
               TITLE IV--ADVANCING ENERGY INFRASTRUCTURE

Sec. 401. Liquefied natural gas by rail.
Sec. 402. One Federal decision for pipelines.
Sec. 403. Clean Water Act Certification.
Sec. 404. Limitation on claims.

SEC. 2. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be invalid or unconstitutional, the remainder 
of this Act, the amendments made by this Act, and the application of 
such provisions to any person or circumstance shall not be affected 
thereby.

                 TITLE I--FEDERAL OIL AND GAS PROGRAMS

SEC. 101. PROHIBITION ON MORATORIA OF NEW ENERGY LEASES ON CERTAIN 
              FEDERAL LAND AND ON WITHDRAWAL OF FEDERAL LAND FROM 
              ENERGY DEVELOPMENT.

    (a) Prohibitions.--
            (1) In general.--Notwithstanding any other provision of 
        law, the President shall not carry out any action that would 
        prohibit or substantially delay the issuance of any of the 
        following on Federal land, unless such an action has been 
        authorized by an Act of Congress:
                    (A) New oil and gas leases, drill permits, 
                approvals, or authorizations.
                    (B) New coal leases (including leases by 
                applications in process or expansions of existing 
                leases), permits, approvals, or authorizations.
            (2) Prohibition on withdrawal.--Notwithstanding any other 
        provision of law, the President shall not withdraw any Federal 
        land from forms of entry, appropriation, or disposal under the 
        public land laws or disposition under laws pertaining to 
        mineral and geothermal leasing unless the withdrawal has been 
        authorized by an Act of Congress.
    (b) Definitions.--In this section:
            (1) Federal land.--The term ``Federal land'' means--
                    (A) National Forest System land;
                    (B) public lands (as defined in section 103 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702));
                    (C) the outer Continental Shelf (as defined in 
                section 2 of the Outer Continental Shelf Lands Act (43 
                U.S.C. 1331)); and
                    (D) land managed by the Secretary of Energy.
            (2) President.--The term ``President'' means the President 
        or any designee, including--
                    (A) the Secretary of Agriculture;
                    (B) the Secretary of Energy; and
                    (C) the Secretary of the Interior.

SEC. 102. ONSHORE OIL AND GAS LEASING.

    (a) Requirement To Immediately Resume Onshore Oil and Gas Lease 
Sales.--
            (1) In general.--The Secretary of the Interior shall 
        immediately resume onshore oil and gas lease sales in 
        compliance with the Mineral Leasing Act (30 U.S.C. 181 et 
        seq.).
            (2) Requirement.--The Secretary of the Interior shall 
        ensure that any oil and gas lease sale pursuant to paragraph 
        (1) is conducted immediately on completion of all applicable 
        scoping, public comment, and environmental analysis 
        requirements under the Mineral Leasing Act (30 U.S.C. 181 et 
        seq.) and the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
    (b) Annual Lease Sales.--
            (1) In general.--In accordance with the Mineral Leasing Act 
        (30 U.S.C. 181 et seq.), beginning in fiscal year 2023, the 
        Secretary of the Interior shall annually conduct a minimum of 
        four oil and gas lease sales in each of the following States:
                    (A) Wyoming.
                    (B) New Mexico.
                    (C) Colorado.
                    (D) Utah.
                    (E) Montana.
                    (F) North Dakota.
                    (G) Oklahoma.
                    (H) Nevada.
                    (I) Any other State in which there is land 
                available for oil and gas leasing under the Mineral 
                Leasing Act (30 U.S.C. 181 et seq.) or any other 
                mineral leasing law.
            (2) Requirement.--In conducting a lease sale under 
        paragraph (1) in a State described in that paragraph, the 
        Secretary of the Interior shall offer all parcels eligible for 
        oil and gas exploration, development, and production under the 
        resource management plan in effect for the State.
            (3) Replacement sales.--If, for any reason, a lease sale 
        under paragraph (1) for a fiscal year is canceled, delayed, or 
        deferred, including for a lack of eligible parcels, the 
        Secretary of the Interior shall conduct a replacement sale 
        during the same fiscal year.

SEC. 103. PROCESSING APPLICATIONS FOR PERMITS TO DRILL.

    Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is 
amended by adding at the end the following:
            ``(4) Effect of pending civil action on processing 
        applications for permits to drill.--Pursuant to the 
        requirements of paragraph (2), notwithstanding the existence of 
        any pending civil actions which do not directly affect or 
        involve the application or related lease, the Secretary shall 
        process an application for a permit to drill under a valid 
        existing lease, unless a United States Federal court has 
        determined that the lease was not issued in compliance with the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).''.

SEC. 104. ACCESS TO FEDERAL OIL AND GAS FROM NON-FEDERAL SURFACE 
              ESTATE.

    Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by 
adding at the end the following:
    ``(r) No Federal Permit Required for Oil and Gas Activities on 
Certain Land.--
            ``(1) In general.--The Secretary shall not require 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 action; and
                    ``(B) the operator submits to the Secretary a State 
                permit to conduct oil and gas exploration and 
                production activities on the non-Federal surface 
                estate.
            ``(2) No federal action.--An oil and gas exploration and 
        production activity carried out under paragraph (1)--
                    ``(A) shall require no additional Federal action;
                    ``(B) may commence 30 days after submission of the 
                State permit to the Secretary;
                    ``(C) shall be categorically excluded from any 
                further analysis and documentation under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) if the activity is conducted pursuant to this Act 
                for the purpose of exploration or development of oil or 
                gas; and
                    ``(D) shall not be subject to--
                            ``(i) section 306108 of title 54, United 
                        States Code (commonly known as the National 
                        Historic Preservation Act of 1966); and
                            ``(ii) section 7 of the Endangered Species 
                        Act of 1973 (16 U.S.C. 1536).
            ``(3) Royalties and production accountability.--(A) Nothing 
        in this subsection shall affect the amount of royalties due to 
        the United States under this Act from the production of oil and 
        gas, or alter the Secretary's authority to conduct audits and 
        collect civil penalties pursuant to the Federal Oil and Gas 
        Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.).
            ``(B) The Secretary may conduct onsite reviews and 
        inspections to ensure proper accountability, measurement, and 
        reporting of production of Federal oil and gas, and payment of 
        royalties.
            ``(4) Exceptions.--This subsection shall not apply to 
        actions on Indian lands or resources managed in trust for the 
        benefit of Indian Tribes.''.

SEC. 105. OFFSHORE OIL AND GAS LEASING.

    (a) In General.--The Secretary shall conduct all lease sales 
described in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing 
Proposed Final Program (November 2016) that have not been conducted as 
of the date of enactment of this Act by not later than September 30, 
2023.
    (b) Gulf of Mexico Region Annual Lease Sales.--Notwithstanding any 
other provision of law, 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.--Notwithstanding any other 
provision of law, beginning in fiscal year 2022, the Secretary of the 
Interior shall annually conduct a minimum of 2 region-wide oil and gas 
lease sales in the Alaska region of the Outer Continental Shelf, as 
described in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing 
Proposed Final Program (November 2016).
    (d) Requirements.--In conducting lease sales under subsections (b) 
and (c), the Secretary of the Interior shall--
            (1) issue such leases in accordance with the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1332 et seq.); and
            (2) include in each such lease sale all unleased areas that 
        are not subject to restrictions as of the date of the lease 
        sale.

SEC. 106. FIVE-YEAR PLAN FOR OFFSHORE OIL AND GAS LEASING.

    Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344) is amended--
            (1) in subsection (a)--
                    (A) by striking ``subsections (c) and (d) of this 
                section, shall prepare and periodically revise,'' and 
                inserting ``this section, shall issue every five 
                years'';
                    (B) by adding at the end the following:
            ``(5) Each five-year program shall include at least two 
        lease sales per year.''; and
                    (C) in paragraph (3), by inserting ``domestic 
                energy security,'' after ``between'';
            (2) by redesignating subsections (f) through (h) as 
        subsections (h) through (j), respectively; and
            (3) by inserting after subsection (e) the following:
    ``(f) Five-Year Program for 2023-2028.--The Secretary shall issue 
the five-year oil and gas leasing program for 2023 through 2028 by not 
later than December 31, 2022.
    ``(g) Subsequent Leasing Programs.--
            ``(1) In general.--Not later than 36 months after 
        conducting the first lease sale under an oil and gas leasing 
        program prepared pursuant to this section, the Secretary shall 
        begin preparing the subsequent oil and gas leasing program 
        under this section.
            ``(2) Requirement.--Each subsequent oil and gas leasing 
        program under this section shall be approved by not later than 
        180 days before the expiration of the previous oil and gas 
        leasing program.''.

SEC. 107. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY 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.

TITLE II--OVERSIGHT AND TRANSPARENCY OF FEDERAL ENERGY LEASING PROGRAMS

SEC. 201. EXPRESSIONS OF INTEREST; APPLICATIONS FOR PERMITS TO DRILL; 
              OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING.

    (a) Report.--Not later than 30 days after the date of enactment of 
this section, the Secretary of the Interior shall submit to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a report that 
describes--
            (1) the status of nominated parcels for future onshore oil 
        and gas lease sales, including--
                    (A) the number of expressions of interest that the 
                Bureau of Land Management has not taken any action to 
                review, or not completed review of, as of the date of 
                enactment of this section; and
                    (B) how long such expressions of interest have been 
                pending;
            (2) the status of each pending application for a permit to 
        drill, including the number of applications received, in each 
        Bureau of Land Management State office as of the date of 
        enactment of this section, including--
                    (A) a description of the cause of delay for pending 
                applications, including as a result of staffing 
                shortages, technical limitations, incomplete 
                applications, and incomplete review pursuant 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) steps the office is taking to come into 
                compliance with the requirements of section 17(p)(2) of 
                the Mineral Leasing Act (30 U.S.C. 226(p)(2));
            (3) the number of permits to drill issued by each Bureau of 
        Land Management State office as of the date of enactment of 
        this section;
            (4) the status of each pending application for a license 
        for offshore geological and geophysical surveys, including the 
        number of applications received, in 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, incomplete 
                applications, and incomplete review pursuant 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 Ocean Energy Management is 
                taking to complete review of each application;
            (5) the number of licenses for offshore geological and 
        geophysical surveys issued by each Bureau of Ocean Energy 
        Management regional office as of the date of enactment of this 
        section;
            (6) the status of each pending application for a permit to 
        drill, including the number of applications received, in each 
        Bureau of Safety and Environmental Enforcement regional office, 
        including--
                    (A) a description of any cause of delay for pending 
                applications, including as a result of staffing 
                shortages, technical limitations, incomplete 
                applications, and incomplete review pursuant 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 Environmental 
                Enforcement is taking to complete review of each 
                application;
            (7) the number of permits to drill issued by each Bureau of 
        Safety and Environmental Enforcement regional office as of the 
        date of enactment of this section;
            (8) how, as applicable, the Bureau of Land Management, the 
        Bureau of Ocean Energy Management, and the Bureau of Safety and 
        Environmental Enforcement determines whether to--
                    (A) issue a license for geological and geophysical 
                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 
        Environmental Enforcement for final approval;
            (10) the degree to which Bureau of Land Management, Bureau 
        of Ocean Energy Management, and Bureau of Safety and 
        Environmental Enforcement field, State, and regional offices 
        exercise discretion on such final approval;
            (11) the number of auctioned leases receiving accepted bids 
        that have not been issued to winning bidders and the number 
        days such leases have not been issued; and
            (12) a description of the uses of application for permit to 
        drill fees paid by permit holders over the previous 5-year 
        period.
    (b) Pending Applications for Permits To Drill.--Not later than 30 
days after the date of enactment of this section, the Secretary of the 
Interior shall issue all pending applications for a permit to drill 
that meet the requirements of section 17(p)(2) of the Mineral Leasing 
Act (30 U.S.C. 226(p)(2)).
    (c) Public Availability of Data.--
            (1) Mineral leasing act.--Section 17 of the Mineral Leasing 
        Act (30 U.S.C. 226) is amended by adding at the end the 
        following:
    ``(s) Public Availability of Data.--
            ``(1) Expressions of interest.--Not later than 30 days 
        after the date of enactment of this subsection, and each month 
        thereafter, the Secretary shall publish on the website of the 
        Department of the Interior the number of pending, approved, and 
        not approved expressions of interest in nominated parcels for 
        future onshore oil and gas lease sales in the preceding month.
            ``(2) Applications for permits to drill.--Not later than 30 
        days after the date of enactment of this subsection, and each 
        month thereafter, the Secretary shall publish on the website of 
        the 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 
        enactment of this subsection, the Secretary shall publish on 
        the website of the Department of the Interior, with respect to 
        the 5-year period ending on the date of enactment of this 
        subsection--
                    ``(A) the number of approved and not approved 
                expressions of interest for onshore oil and gas lease 
                sales during such 5-year period; and
                    ``(B) the number of approved and not approved 
                applications for permits to drill during such 5-year 
                period.''.
            (2) Outer continental shelf lands act.--Section 8 of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended 
        by adding at the end the following:
    ``(q) Public Availability of Data.--
            ``(1) Offshore geological and geophysical survey 
        licenses.--Not later than 30 days after the date of enactment 
        of this subsection, and each month thereafter, the Secretary 
        shall publish on the website of the Department of the Interior 
        the number of pending and approved applications for licenses 
        for offshore to geological and geophysical surveys in the 
        preceding month.
            ``(2) Applications for permits to drill.--Not later than 30 
        days after the date of enactment of this subsection, and each 
        month thereafter, the Secretary shall publish on the website of 
        the Department of the Interior the number of pending and 
        approved applications for permits to drill on the outer 
        Continental Shelf in the preceding month in each regional 
        office.
            ``(3) Past data.--Not later than 30 days after the date of 
        enactment of this subsection, the Secretary shall publish on 
        the website of the Department of the Interior, with respect to 
        the 5-year period ending on the date of enactment of this 
        subsection--
                    ``(A) the number of approved applications for 
                licenses for offshore geological and geophysical 
                surveys; and
                    ``(B) the number of approved applications for 
                permits to drill on the outer Continental Shelf.''.
    (d) Requirement To Submit Documents and Communications.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this section, the Secretary of the Interior shall 
        submit to the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives all documents and communications relating to 
        the comprehensive review of Federal oil and gas permitting and 
        leasing practices required under section 208 of Executive Order 
        14008 (86 Fed. Reg. 7624; relating to tackling the climate 
        crisis at home and abroad).
            (2) Inclusions.--The submission under paragraph (1) shall 
        include all documents and communications submitted to the 
        Secretary of the Interior by members of the public in response 
        to any public meeting or forum relating to the comprehensive 
        review described in that paragraph.

SEC. 202. STAFF PLANNING REPORT.

    The Secretary of the Interior and the Secretary of Agriculture 
shall each annually submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report on the staffing capacity of each 
respective agency with respect to issuing oil, gas, coal, and renewable 
energy leases, rights-of-way, easements, and permits. Each such report 
shall include--
            (1) the number of staff assigned to oil, gas, coal, and 
        renewable energy leasing and permitting, respectively; and
            (2) a description of how many staff are needed to meet 
        statutory requirements for such leasing and permitting and how, 
        as applicable, the Department of the Interior or the Department 
        of Agriculture plans to address staffing shortfalls for such 
        leasing and permitting.

                TITLE III--ADVANCING U.S. ENERGY SYSTEMS

SEC. 301. DEFINITIONS.

    In this title:
            (1) Energy facility.--The term ``energy facility'' means a 
        facility the primary purpose of which is the exploration for, 
        or the development, production, conversion, storage, transfer, 
        processing, or transportation of, any energy resource.
            (2) Energy storage device.--The term ``energy storage 
        device''--
                    (A) means any equipment that stores energy, 
                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 determines 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 administered 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 for the benefit of Indians, Aleuts, 
                and Eskimos.
            (4) Renewable energy facility.--The term ``renewable energy 
        facility'' means any equipment or facility that produces 
        electricity from a renewable energy resource, including wind, 
        solar, tidal, biomass, landfill gas, geothermal, methane, 
        hydrogen, or water.
            (5) Right-of-way.--The term ``right-of-way'' means--
                    (A) a right-of-way issued, granted, or renewed 
                under section 501 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1761); or
                    (B) a right-of-way granted under section 28 of the 
                Mineral Leasing Act (30 U.S.C. 185).
            (6) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to public lands, the Secretary of 
                the Interior; and
                    (B) with respect to National Forest System Lands, 
                the Secretary of Agriculture.

SEC. 302. RENEWABLE ENERGY AND TRANSMISSION PROJECTS AND RIGHTS-OF-WAY.

    (a) Exemption.--An action by the Secretary concerned with respect 
to a covered activity shall be not 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) Covered Activity.--In this section, the term ``covered 
activity'' means--
            (1) geotechnical investigations;
            (2) off-road travel in an existing right-of-way;
            (3) construction of meteorological towers where the total 
        soil or vegetation disruption at the location is less than 5 
        acres;
            (4) adding a battery or other energy storage device to an 
        existing or planned energy facility, if that storage resource 
        is located within the physical footprint of the existing or 
        planned energy facility;
            (5) drilling temperature gradient holes and other 
        geothermal exploratory wells, including constructing or making 
        improvements to structure pads for such activities--
                    (A) that are less than 12 inches in diameter; and
                    (B) where the total soil or vegetation disruption 
                at the location is less than 5 acres;
            (6) any repair, maintenance, upgrade, optimization, 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;
                    (C) the voltage uprating, modification, 
                reconductoring with conventional or advanced 
                conductors, and clearance resolution of transmission 
                lines;
                    (D) routine and emergency vegetation management, 
                including the removal of hazard trees and other hazard 
                vegetation within or adjacent to an existing right-of-
                way; and
                    (E) improvements to or construction of structure 
                pads for such infrastructure; 
            (7) approval of and activities conducted in accordance with 
        operating plans or agreements for transmission and distribution 
        facility or under a special use authorization for an electric 
        transmission and distribution facility right-of-way; and
            (8) construction, maintenance, realignment, or repairs on 
        an existing permanent or temporary access road--
                    (A) within an existing right-of-way or within a 
                transmission or utility corridor established by 
                Congress or in a land use plan; or
                    (B) that serves an existing transmission line, 
                distribution line, or renewable energy facility.

SEC. 303. NO NET LOSS DETERMINATION FOR EXISTING RIGHTS-OF-WAY.

    Upon a determination by the Secretary concerned that there will be 
no overall net loss of vegetation, soil, or habitat, as defined by 
acreage and function, resulting from a proposed action, decision, or 
activity within an existing right-of-way or within a right-of-way 
corridor established in a land use plan, that action, decision, or 
activity 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)).

SEC. 304. NATIONAL ENVIRONMENTAL POLICY ACT CLARIFICATION.

    Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) is amended by adding at the end the following:

``SEC. 106. APPLICATION LIMITED TO FEDERAL LAND AND CERTAIN FEDERAL 
              ACTIONS.

    ``(a) In General.--Under section 102(2)(C), the term `major Federal 
action' does not include a project or action that--
            ``(1) does not involve Federal land; and
            ``(2) is not subject to Federal control and responsibility.
    ``(b) Exclusion.--A project or action may not be determined to be a 
major Federal action under section 102(2)(C) on the basis of--
            ``(1) an interstate effect of such project or action; or
            ``(2) the provision of Federal funds for such project or 
        activity.
    ``(c) Scope of Review.--The scope of any review under section 102 
shall extend only to so much of a major Federal action as is--
            ``(1) on Federal land; or
            ``(2) is subject to Federal control and responsibility.''.

SEC. 305. 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 proposed 
transmission project, any proposed project to construct, connect, 
operate, or maintain a pipeline facility to transport an energy 
resource, hydrogen, carbon dioxide, or natural gas, or any proposed 
project to construct or maintain a renewable energy facility if such 
Secretary determines that--
            (1) the new proposed action is substantially the same as a 
        previously analyzed proposed action or alternative analyzed in 
        a previous environmental assessment or environmental impact 
        statement; and
            (2) the effects of the proposed action are substantially 
        the same as the effects analyzed in such existing environmental 
        assessments or environmental impact statements.

SEC. 306. NATIONAL ENVIRONMENTAL POLICY ACT REVIEW DEADLINES.

    (a) In General.--With respect to major Federal actions carried out 
by the Secretary of the Interior or the Secretary of Agriculture, the 
Secretary concerned shall complete--
            (1) any environmental assessment required under section 
        102(2)(C) of the National Environmental Policy Act of 1969 (42 
        U.S.C. 4332(2)(C)) relating to the major Federal action by not 
        later than 1 year after the sooner of, as applicable--
                    (A) the date on which the Secretary concerned 
                notifies the applicant under section 307 that the 
                application to establish a right-of-way for the major 
                Federal action is complete; and
                    (B) the date on which the Secretary concerned 
                begins the scoping for the major Federal action; and
            (2) any environmental impact statement required section 
        102(2)(C) of the National Environmental Policy Act of 1969 (42 
        U.S.C. 4332(2)(C)) relating to the major Federal action by not 
        later than 2 years after the sooner of, as applicable--
                    (A) the date on which the Secretary concerned 
                notifies the applicant under section 307 that the 
                application to establish a right-of-way for the major 
                Federal action is complete; and
                    (B) the date on which the Secretary concerned 
                issues a notice of intent to prepare the environmental 
                impact statement for the major Federal action.
    (b) Extension.--The Secretary concerned may extend a deadline 
described in subsection (a) with the approval of the applicant.
    (c) Report.--
            (1) In general.--The Secretary concerned shall each 
        annually submit to the Committee on Natural Resources of the 
        House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate a report that--
                    (A) identifies any environmental assessment and 
                environmental impact statement that is not completed by 
                the appropriate deadline described in subsection (a) or 
                the deadline extended under subsection (b), as 
                applicable; and
                    (B) provides an explanation for any failure to meet 
                such deadline.
            (2) Inclusions.--Each report submitted under paragraph (1) 
        shall identify--
                    (A) the respective field office, ranger district, 
                or region office, as applicable, responsible for each 
                such environmental assessment and environmental impact 
                statement;
                    (B) as applicable, the date on which--
                            (i) the Secretary concerned notifies the 
                        applicant under section 307 that the 
                        application to establish a right-of-way for the 
                        major Federal action is complete;
                            (ii) the Secretary concerned begins the 
                        scoping for the major Federal action; or
                            (iii) the Secretary concerned issues a 
                        notice of intent to prepare the environmental 
                        impact statement for the major Federal action; 
                        and
                    (C) when such environmental assessment and 
                environmental impact statement is expected to be 
                complete.

SEC. 307. DETERMINATION REGARDING RIGHT-OF-WAY.

    Not later than 60 days after the Secretary concerned receives an 
application to establish a right-of-way, the Secretary concerned shall 
notify the applicant as to whether the application is complete or 
deficient. If the Secretary concerned determines the application is 
complete, the Secretary concerned may not consider any other 
application to establish a right-of-way on the same or any overlapping 
parcels of land while such application is pending.

SEC. 308. ENERGY CORRIDOR EXPANSION.

    Section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926) is 
amended by inserting at the end the following:
    ``(f) Nominations and Expressions of Interest for Energy Corridor 
Expansion.--(1) Not later than 180 days after the date of the enactment 
of this Act, the Secretaries, acting jointly, shall establish 
procedures, in accordance with the subsection, under their respective 
authorities for States and counties to submit requests to the 
Secretaries, jointly, for Federal land to be added to existing 
corridors for oil, gas, CO2 and hydrogen pipelines and electricity 
transmission and distribution facilities on Federal land within the 
borders of the requesting States and counties.
    ``(2) A request under paragraph (1) must be submitted jointly by 
the Governor of each State and the highest elected official of each 
county within whose borders the Federal land to be added to the 
existing corridor is located.
    ``(3) After receiving a request that is in accordance with the 
procedures established under paragraph (1), the Secretaries, acting 
jointly, shall--
            ``(A) consult with the Federal Energy Regulatory 
        Commission, affected utility service providers, Indian Tribes, 
        relevant State agencies, affected counties and municipalities, 
        and any other impacted persons as appropriate, regarding 
        whether to grant or deny the request;
            ``(B) for a request for an addition of more than 100 acres, 
        perform any environmental reviews that may be required to 
        complete the designation of such corridors before granting the 
        request;
            ``(C) respond to the requesting States and counties 
        indicating that the request is granted or denied, in whole or 
        in part--
                    ``(i) not later than 150 days after receiving a 
                request for an addition of 100 acres or less; and
                    ``(ii) not later than 1 year after receiving a 
                request for an addition of more than 100 acres;
            ``(D) for requests that are denied, in whole or in part, 
        explain the basis upon which the request was denied, in whole 
        or in part, and what, if any, corrective or supplementary 
        actions the requesting States and counties may take to address 
        the reasons for denial and to submit a new application; and
            ``(E) for requests that are granted, under their respective 
        authorities--
                    ``(i) designate the Federal land subject to the 
                granted request as an addition to the existing 
                corridor;
                    ``(ii) specify the centerline, width, and 
                compatible uses of the designated addition; and
                    ``(iii) incorporate the designated addition into 
                the relevant agency land use and resource management 
                plans or equivalent plans.''.

SEC. 309. FUNDING TO PROCESS PERMITS AND DEVELOP INFORMATION 
              TECHNOLOGY.

    (a) In General.--In fiscal years 2023 through 2025, the Secretary 
of Agriculture (acting through the Forest Service) and the Secretary of 
the Interior, after public notice, may accept and expend funds 
contributed by non-Federal entities for dedicated staff, information 
resource management, 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 activities 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.

SEC. 310. GEOTHERMAL LEASING.

    Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 
1003(b)) is amended--
            (1) in paragraph (2), by striking ``2 years'' and inserting 
        ``year'';
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6), respectively; and
            (3) after paragraph (2), by inserting the following:
            ``(3) Replacement sales.--If a lease sale under paragraph 
        (1) for a year is canceled or delayed, the Secretary of the 
        Interior shall conduct a replacement sale during the same year.
            ``(4) Requirement.--In conducting a lease sale under 
        paragraph (2) in a State described in that paragraph, the 
        Secretary of the Interior shall offer all nominated parcels 
        eligible for geothermal development and utilization under the 
        resource management plan in effect for the State.''.

SEC. 311. TERMS OF RIGHTS-OF-WAY.

    (a) Federal Land Policy and Management Act of 1976.--Section 501 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) is 
amended by adding at the end the following:
    ``(e) Any right-of-way granted, issued, amended, or renewed under 
subsection (a)(4) may be limited to a term 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. 312. LIMITATION ON CLAIMS.

    (a) In General.--Notwithstanding any other provision of law, a 
claim arising under Federal law seeking judicial review of a permit, 
license, or approval issued by a Federal agency for a transmission, 
distribution, or renewable energy project shall be barred unless--
            (1) the claim is filed within 150 days after publication of 
        a notice in the Federal Register announcing that the permit, 
        license, or approval is final pursuant 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.

               TITLE IV--ADVANCING ENERGY INFRASTRUCTURE

SEC. 401. LIQUEFIED NATURAL GAS BY RAIL.

    (a) In General.--The Secretary of Transportation may not issue any 
regulation or long-term order that--
            (1) prohibits the transportation of ``methane, refrigerated 
        liquid'', commonly known as liquefied natural gas (LNG), by 
        rail; or
            (2) restricts or contracts the scope of allowance provided 
        by the final rule of the Pipeline and Hazardous Materials 
        Safety Administration, titled ``Hazardous Materials: Liquefied 
        Natural Gas by Rail'' and published in the Federal Register on 
        July 24, 2020 (85 Fed. Reg. 44994).
    (b) Rule of Construction.--Nothing in this section shall be 
construed to limit the authority of the Secretary of Transportation 
from issuing short-term emergency orders related to the transportation 
of liquefied natural gas by rail.

SEC. 402. ONE FEDERAL DECISION FOR PIPELINES.

    (a) In General.--Chapter 601 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 60144. Efficient environmental reviews and one Federal decision.
    ``(a) Efficient Environmental Reviews.--
            ``(1) In general.--The Secretary of Transportation shall 
        apply the project development procedures, to the greatest 
        extent feasible, described in section 139 of title 23 to any 
        pipeline project that requires the approval of the Secretary 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.).
            ``(2) Regulations and procedures.--In carrying out 
        paragraph (1), the Secretary shall incorporate into agency 
        regulations and procedures pertaining to pipeline projects 
        described in paragraph (1) aspects of such project development 
        procedures, or portions thereof, determined appropriate by the 
        Secretary in a manner consistent with this section, that 
        increase the efficiency of the review of pipeline projects.
            ``(3) Discretion.--The Secretary may choose not to 
        incorporate into agency regulations and procedures pertaining 
        to pipeline projects described in paragraph (1) such project 
        development procedures that could only feasibly apply to 
        highway projects, public transportation capital projects, and 
        multimodal projects.
            ``(4) Applicability.--Subsection (l) of section 139 of 
        title 23 shall apply to pipeline projects described in 
        paragraph (1).
    ``(b) Additional Categorical Exclusions.--The Secretary shall 
maintain and make publicly available, including on the Internet, a 
database that identifies project-specific information on the use of a 
categorical exclusion on any pipeline project carried out under this 
title.''.
    (b) Clerical Amendment.--The analysis for chapter 601 of title 49, 
United States Code, is amended by adding at the end the following:

``60144. Efficient environmental reviews and one Federal decision.''.

SEC. 403. CLEAN WATER ACT CERTIFICATION.

    Section 401(d) of the Federal Water Pollution Control Act (33 
U.S.C. 1341(d)) is amended--
            (1) by inserting ``water quality standard in effect under 
        section 303 of this Act,'' before ``standard of performance''; 
        and
            (2) by inserting ``water quality'' before ``requirement of 
        State law''.

SEC. 404. LIMITATION ON CLAIMS.

    (a) In General.--Notwithstanding any other provision of law, a 
claim arising under Federal law seeking judicial review of a permit or 
lease sale for oil and gas production on Federal lands, or an 
authorization needed for the construction, connection, operation, or 
maintenance of pipeline facilities to transport an energy resource, 
hydrogen, carbon dioxide, or natural gas, issued by a Federal agency 
shall be barred unless--
            (1) the claim is filed within 150 days after publication of 
        a notice in the Federal Register announcing that the permit, 
        lease sale, or authorization is final pursuant 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, lease sale, 
        or authorization 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, lease sale, or authorization.
    (c) Transportation Projects.--Subsection (a) shall not apply to or 
supersede a claim subject to section 139(l)(1) of title 23, United 
States Code.
                                 <all>