Title: FREE American Energy Act
Policy area: Energy

Summary:
Furthering Resource Exploration and Empowering American Energy Act or the FREE American Energy Act
This bill generally expedites the review of energy projects, limits executive power over certain energy projects, delegates certain energy permitting authority to states, provides statutory authority for specified environmental rules, and terminates tax credits for certain vehicles.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3982 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3982

 To require applicable Federal agencies to take action on applications 
       for Federal energy authorizations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 31, 2022

  Mr. Scott of Florida introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To require applicable Federal agencies to take action on applications 
       for Federal energy authorizations, 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.

    This Act may be cited as the ``Furthering Resource Exploration and 
Empowering American Energy Act'' or the ``FREE American Energy Act''.

SEC. 2. FEDERAL ENERGY AUTHORIZATIONS.

    (a) Definition of Federal Energy Authorization.--In this section, 
the term ``Federal energy authorization'' means a permit, waiver, 
license, or other authorization required from a Federal agency relating 
to--
            (1) a natural gas transmission project;
            (2) a natural gas interstate project;
            (3) the exportation of natural gas;
            (4) oil and gas lease sales;
            (5) onshore and offshore oil and gas drilling exploration; 
        or
            (6) alternative energy production, including--
                    (A) geothermal production;
                    (B) solar production;
                    (C) wind production; and
                    (D) mineral production.
    (b) Agency Action.--
            (1) In general.--The President, acting through the Director 
        of the Office of Management and Budget, shall require each 
        applicable Federal agency to, not later than 60 days after the 
        date of enactment of this Act, review and approve or deny each 
        application for a Federal energy authorization that is pending 
        with the Federal agency on the date of enactment of this Act.
            (2) Subsequent applications.--The President, acting through 
        the Director of the Office of Management and Budget, shall 
        require each applicable Federal agency to, not later than 60 
        days after the date on which the Federal agency receives an 
        application for a Federal energy authorization, review and 
        approve or deny the application.
    (c) Denial.--If a Federal agency denies an application for a 
Federal energy authorization under paragraph (1) or (2) of subsection 
(b), not later than 5 days after the date of the denial, the Federal 
agency shall submit to Congress a detailed explanation of the reasons 
for the denial.
    (d) Extension.--On request by the head of a Federal agency, the 
President, acting through the Director of the Office of Management and 
Budget, may grant an extension of the deadline under paragraph (1) or 
(2) of subsection (b) of not more than 30 days, on the condition that 
the head of the Federal agency submits to Congress an explanation of 
the reasons why the extension is necessary.

SEC. 3. FERC AUTHORIZATIONS.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) FERC authorization.--The term ``FERC authorization'' 
        means a permit, waiver, license, or other authorization 
        required from the Commission relating to--
                    (A) transportation of oil by pipeline in interstate 
                commerce;
                    (B) construction of new interstate natural gas 
                pipelines or natural gas storage projects;
                    (C) liquefied natural gas terminal projects; or
                    (D) projects relating to hydropower.
    (b) FERC Action.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Commission shall review and approve 
        or deny each application for a FERC authorization that is 
        pending on the date of enactment of this Act.
            (2) Subsequent applications.--Not later than 60 days after 
        the date on which the Commission receives an application for a 
        FERC authorization, the Commission shall review and approve or 
        deny the application.
    (c) Denial.--If the Commission denies an application for a FERC 
authorization under paragraph (1) or (2) of subsection (b), not later 
than 5 days after the date of the denial, the Commission shall submit 
to Congress a detailed explanation of the reasons for the denial.
    (d) Extension.--
            (1) In general.--The Commission may submit to Congress a 
        request for an extension of the deadline under paragraph (1) or 
        (2) of subsection (b) of not more than 30 days, which shall 
        include an explanation of the reasons why the extension is 
        necessary.
            (2) Congressional approval.--A request for an extension 
        under paragraph (1) may only be approved by an Act of Congress.

SEC. 4. RESCISSION OF EXECUTIVE ORDER.

    Executive Order 13990 (42 U.S.C. 4321 note; relating to protecting 
public health and the environment and restoring science to tackle the 
climate crisis) is rescinded and shall have no force or effect.

SEC. 5. CONSTRUCTION, CONNECTION, OPERATION, AND MAINTENANCE OF OIL OR 
              NATURAL GAS PIPELINES OR ELECTRIC TRANSMISSION 
              FACILITIES.

    (a) In General.--No Presidential permit (or similar permit) 
required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. Reg. 
25299 (April 30, 2004)), Executive Order 11423 (3 U.S.C. 301 note; 33 
Fed. Reg. 11741 (August 16, 1968)), section 301 of title 3, United 
States Code, Executive Order 12038 (43 Fed. Reg. 3674 (January 26, 
1978)), Executive Order 10485 (18 Fed. Reg. 5397 (September 9, 1953)), 
or any other Executive order shall be necessary for the construction, 
connection, operation, or maintenance of an oil or natural gas pipeline 
or electric transmission facility or any cross-border segment thereof.
    (b) Congressional Authority.--The construction, connection, 
operation, or maintenance of an oil or natural gas pipeline or electric 
transmission facility, or any cross-border segment thereof, may be 
approved by an Act of Congress.

SEC. 6. ENERGY PRODUCTION PERMITS ON FEDERAL LAND.

    (a) Definitions.--In this section:
            (1) Agency; rule making.--The terms ``agency'' and ``rule 
        making'' have the meanings given the terms in section 551 of 
        title 5, United States Code.
            (2) Federal land.--The term ``Federal land'' means public 
        lands (as defined in section 103 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702)).
    (b) Delegation.--Not later than 180 days after the date of 
enactment of this Act, the President, acting through the Director of 
the Office of Management and Budget, shall initiate a rule making to 
develop an interagency process under which any authority or requirement 
of an agency to issue a permit or other required authorization 
necessary to identify, develop, extract, and transport oil or natural 
gas on Federal land shall be delegated to the State within the borders 
of which the Federal land is located, on written request of the State 
to assume such authority.

SEC. 7. CODIFICATION OF NEPA IMPLEMENTING REGULATIONS REFORM RULE.

    The final rule of the Council on Environmental Quality entitled 
``Update to the Regulations Implementing the Procedural Provisions of 
the National Environmental Policy Act'' (85 Fed. Reg. 43304 (July 16, 
2020)) is enacted into law.

SEC. 8. NAVIGABLE WATERS PROTECTION RULE.

    The final rule of the Corps of Engineers and the Environmental 
Protection Agency entitled ``The Navigable Waters Protection Rule: 
Definition of `Waters of the United States''' (85 Fed. Reg. 22250 
(April 21, 2020)) is enacted into law.

SEC. 9. TERMINATION OF CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE 
              MOTOR VEHICLES.

    Section 30D of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new subsection:
    ``(h) Termination.--This section shall not apply with respect to 
any vehicle acquired after December 31, 2022.''.
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