118th CONGRESS 1st Session |
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.
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
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title.—This Act may be cited as the “Transparency, Accountability, Permitting, and Production 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.
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. 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.
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. 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 improvement 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 disturbance.
Sec. 307. Use of mining claims for ancillary activities.
Sec. 308. Ensuring consideration of uranium as a critical mineral.
Sec. 401. Federal land use planning and withdrawals.
Sec. 402. Prohibitions on delay of mineral development of certain Federal land.
Sec. 403. Definitions.
Sec. 501. Incentivizing domestic production.
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.
(a) Requirement To immediately resume onshore oil and gas lease sales.—
(1) IN GENERAL.—The Secretary of the Interior shall immediately resume quarterly 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—
(A) 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.); and
(B) that the processes described in subparagraph (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 regulatory 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 drainage in the absence of leasing, or are otherwise designated as available pursuant to regulations adopted by the Secretary.” after “sales are necessary.”.
(1) IN GENERAL.—In accordance with the Mineral 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 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 nominated and eligible pursuant to the requirements 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 canceled, 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.
The reinstatement of a lease entered into under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Geothermal 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 Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended by inserting “The Secretary shall resolve any protest to a lease sale not later than 60 days after such payment.” after “annual rental for the first lease year.”.
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 expression 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 operations 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 and production; and the term of such lease shall be extended by adding any such suspension period thereto.”.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is further amended by adding at the end the following:
“(1) IN GENERAL.—Before processing any protest 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 application for permit to drill in a submission, an additional assessment of $10 per additional lease parcel, right-of-way, or application for permit to drill shall apply.
“(A) IN GENERAL.—Beginning on January 1, 2022, and annually thereafter, the Secretary shall adjust the filing fees established in this subsection 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 adjustment of such fees in the Federal Register.”.
(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 Senate a report that describes—
(1) the status of nominated parcels for future onshore oil and gas and geothermal lease sales, including—
(A) the number of expressions of interest received each month during the period of 365 days that ends on the date on which the report is submitted 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 determined that the relevant area meets all applicable requirements for leasing, but has not offered the relevant area in a lease sale;
(B) how long expressions of interest described 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 described in subparagraph (A) into a lease sale; and
(iii) complete review for expressions of interest described in clauses (i) and (ii) of subparagraph (A);
(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 submitted, including the number of applications received each month, by each Bureau of Land Management office, 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) 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;
(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, 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) 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;
(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 submitted, including the number of applications received each month, by 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 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 submitted;
(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) 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 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 enactment 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 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 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 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 Secretary 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 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 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 to geological and geophysical surveys in the preceding 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 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 the enactment of this subsection, the Secretary 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—
“(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 the 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.
(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 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.—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 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 a moratorium as of the date of the lease sale.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended—
(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 Gulf of Mexico region-wide lease sales per year.”; and
(C) in paragraph (3), by inserting “domestic energy security,” after “between”;
(2) by redesignating subsections (f) through (i) as subsections (h) through (k), 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 and issue the Record of Decision on the Final Programmatic Environmental Impact Statement by not later than July 1, 2023.
“(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.”.
(a) Annual 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.”.
(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 geothermal 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 required to be submitted for the application to be complete.
“(2) ISSUANCE OF DECISION.—If the Secretary determines that an application for a geothermal drilling permit is complete under paragraph (1)(A), the Secretary shall issue a final decision on the application not later than 30 days after the Secretary notifies the applicant that the application is complete.”.
(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 “qualified 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 subpart 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 National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has commenced.
(b) Mandatory leasing and other required approvals.—As soon as practicable after the date of the enactment 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 assessment, as required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any applicable implementing regulations;
(B) finalize the fair market value of the coal tract for which a lease by application is pending;
(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 Department of the Interior or any bureau, agency, or division of the Department of the Interior required for mining activities to commence.
Notwithstanding any judicial decision to the contrary or a departmental review of the Federal coal leasing program, Secretarial Order 3338, issued by the Secretary of the Interior on January 15, 2016, shall have no force or effect.
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, 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 Interior or the Department of Agriculture plans to address staffing shortfalls and turnover to ensure adequate staffing to process and issue such oil, gas, hardrock mining, coal, and renewable energy leases, rights-of-way, claims, easements, and permits.
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, gathering, 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 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 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).
(5) 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.
(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 Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or
(C) a comprehensive conservation plan developed 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)).
(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”;
(2) in subparagraph (B), by striking “insure” and inserting “ensure”;
(A) by inserting “consistent with the provisions 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 effects with a reasonably close causal relationship to the proposed agency action;
“(ii) any reasonably foreseeable adverse environmental effects which cannot be avoided should the proposal be implemented;
“(iii) a reasonable number of alternatives to the proposed agency action, including an analysis of any negative environmental impacts of not implementing the proposed agency action in the case of a no action alternative, that are technically 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 maintenance and enhancement of long-term productivity; and
“(v) any irreversible and irretrievable commitments of Federal resources which would be involved in the proposed agency action should it be implemented.”; and
(C) by striking “the responsible Federal official” and inserting “the head of the lead agency”;
(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 following:
“(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 resources in carrying out this Act;”;
(7) by amending subparagraph (G), as redesignated, to read as follows:
“(G) consistent with the provisions of this Act, study, develop, and describe technically and economically feasible alternatives within the jurisdiction and authority of the agency;”; and
(8) in subparagraph (H), as amended, by inserting “consistent with the provisions of this Act,” before “recognize”.
(b) New sections.—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. 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 a Federal agency or by another provision of law;
“(3) the preparation of such document would clearly and fundamentally conflict with the requirements 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 environmental 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.
“(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 environment.
“(2) ENVIRONMENTAL ASSESSMENT.—An agency shall prepare an environmental assessment with respect 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 effect is unknown. Such environmental assessment shall be a concise public document prepared by a Federal agency to set forth the basis of such agency’s finding of no significant 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 scientific or technical research.
“SEC. 107. Timely and unified Federal reviews.
“(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 consideration of the following factors:
“(i) Magnitude of agency’s involvement.
“(ii) Project approval or disapproval authority.
“(iii) Expertise concerning the action’s environmental effects.
“(iv) Duration of agency’s involvement.
“(v) Sequence of agency’s involvement.
“(B) JOINT LEAD AGENCIES.—In making a determination under subparagraph (A), the involved Federal agencies may, in addition to a Federal agency, appoint such Federal, State, Tribal, or local agencies as joint lead agencies as the involved Federal agencies shall determine appropriate. Joint lead agencies shall jointly fulfill the role described in paragraph (2).
“(C) MINERAL PROJECTS.—This paragraph shall not apply with respect to a mineral exploration or mine permit.
“(2) ROLE.—A lead agency shall, with respect to a proposed agency action—
“(A) supervise the preparation of an environmental document if, with respect to such proposed agency action, there is more than one involved Federal agency;
“(B) request the participation of each cooperating agency at the earliest practicable time;
“(C) in preparing an environmental document, give consideration to any analysis or proposal created by a cooperating agency with jurisdiction by law or a cooperating agency with special expertise;
“(D) develop a schedule, in consultation with each involved cooperating agency, the applicant, and such other entities as the lead agency 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 completed in accordance with the schedule developed under subparagraph (D), notify the agency responsible for issuing such review, permit, or authorization 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, designate any involved Federal agency or a State, Tribal, or local agency as a cooperating agency. A cooperating 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 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 substantially 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 paragraph shall transmit such request to each involved Federal agency and to the Council.
“(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 substantially affected by the lack of a designation of a lead agency may request that the Council designate a lead agency. Such request shall consist of—
“(i) a precise description of the nature and extent of the proposed agency action; and
“(ii) a detailed statement with respect to each involved Federal agency and each factor listed in paragraph (1) regarding which agency should serve as lead agency.
“(B) TRANSMISSION.—The Council shall transmit a request received under subparagraph (A) to each involved Federal agency.
“(C) RESPONSE.—An involved Federal agency may, not later than 20 days after the date of the submission of a request under subparagraph (A), submit to the Council a response to such request.
“(D) DESIGNATION.—Not later than 40 days after the date of the submission of a request under subparagraph (A), the Council shall designate the lead agency with respect to the relevant proposed agency action.
“(1) DOCUMENT.—To the extent practicable, if there are 2 or more involved Federal agencies with respect to a proposed agency action and the lead agency has determined that an environmental document is required, such requirement shall be deemed satisfied with respect to all involved Federal agencies if the lead agency issues such an environmental document.
“(2) CONSIDERATION TIMING.—In developing an environmental document for a proposed agency action, 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 decision to prepare an environmental impact statement for such proposed agency action.
“(3) SCOPE OF REVIEW.—In developing an environmental 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 responsibility.
“(c) Request for public comment.—Each notice of intent to prepare an environmental impact statement under section 102 shall include a request for public comment on alternatives or impacts and on relevant information, studies, or analyses with respect to the proposed agency action.
“(d) Statement of purpose and need.—Each environmental 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 statement of the estimated total cost of preparing such environmental impact statement, including the costs of agency full-time equivalent personnel hours, contractor costs, and other direct costs.
“(1) ENVIRONMENTAL IMPACT STATEMENTS.—
“(A) IN GENERAL.—Except as provided in subparagraph (B), an environmental impact statement shall not exceed 150 pages, not including 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 citations or appendices.
“(2) ENVIRONMENTAL ASSESSMENTS.—An environmental assessment shall not exceed 75 pages, not including any citations or appendices.
“(g) Sponsor preparation.—A lead agency shall allow a project sponsor to prepare an environmental assessment or an environmental impact statement upon request of the project sponsor. Such agency may provide such sponsor with appropriate guidance and assist in the preparation. The lead agency shall independently evaluate the environmental document and shall take responsibility for the contents upon adoption.
“(1) IN GENERAL.—Except as provided in paragraph (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 determines that section 102(2)(C) requires the issuance of an environmental impact statement with respect to such action;
“(ii) the date on which such agency notifies 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 environmental 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 determines that section 106(b)(2) requires the preparation of an environmental assessment with respect to such action;
“(ii) the date on which such agency notifies 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 environmental assessment for such action.
“(2) DELAY.—A lead agency that determines it is not able to meet the deadline described in paragraph (1) may extend such deadline with the approval of the applicant. If the applicant approves such an extension, the lead agency shall establish a new deadline that provides only so much additional time as is necessary to complete such environmental impact statement or environmental assessment.
“(3) EXPENDITURES FOR DELAY.—If a lead agency is unable to meet the deadline described in paragraph (1) or extended under paragraph (2), the lead agency must pay $100 per day, to the extent funding is provided in advance in an appropriations Act, out of the office of the head of the department of the lead agency to the applicant starting on the first day immediately following the deadline 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.
“(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 assessment and environmental impact statement that such lead agency did not complete by the deadline described in subsection (h); and
“(B) provides an explanation for any failure to meet such deadline.
“(2) INCLUSIONS.—Each report submitted under paragraph (1) shall identify, as applicable—
“(A) the office, bureau, division, unit, or other entity within the Federal agency responsible for each such environmental assessment and environmental impact statement;
“(i) such lead agency notified the applicant 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 assessment or environmental impact statement for the major Federal action; and
“(C) when such environmental assessment and environmental impact statement is expected to be complete.
“(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 resulting from a determination made under this Act, shall be barred unless—
“(1) in the case of a claim pertaining to a proposed agency action for which—
“(A) an environmental document was prepared and an opportunity for comment was provided;
“(B) the claim is filed by a party that participated in the administrative proceedings regarding such environmental document; and
“(i) is filed by a party that submitted a comment during the public comment period 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 action;
“(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 establishment or use of a categorical exclusion under section 102; and
“(A) an alternative included in the environmental document; or
“(B) an environmental effect considered in the environmental document.
“(b) Supplemental environmental impact statement.—
“(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 impact statement with respect to the same proposed agency action.
“(2) DEADLINE FOR FILING A CLAIM.—A claim seeking judicial review of a Federal action resulting from a final supplemental environmental review issued under section 102(2)(C) shall be barred unless—
“(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 environmental impact statement is issued; and
“(B) such claim is based on information contained in such supplemental environmental impact statement that was not contained in a previous environmental document pertaining to the same proposed agency action.
“(c) Prohibition on injunctive relief.—Notwithstanding 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 section 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 environmental document is required shall be vacated or otherwise limited, delayed, or enjoined unless a court concludes allowing 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.
“In this title:
“(1) CATEGORICAL EXCLUSION.—The term ‘categorical exclusion’ means a category of actions that a Federal agency has determined normally does not significantly affect the quality of the human environment within the meaning of section 102(2)(C).
“(2) COOPERATING AGENCY.—The term ‘cooperating agency’ means any Federal, State, Tribal, or local agency that has been designated as a cooperating 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 detailed written statement that is required by section 102(2)(C).
“(7) FINDING OF NO SIGNIFICANT IMPACT.—The term ‘finding of no significant impact’ means a determination by a Federal agency that a proposed agency action does not require the issuance of an environmental 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.
“(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 action; or
“(ii) if there are 2 or more involved Federal agencies with respect to such action, the agency designated under section 107(a)(1).
“(B) SPECIFICATION FOR MINERAL EXPLORATION 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 Infrastructure Investment and Jobs Act.
“(A) IN GENERAL.—The term ‘major Federal 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) 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 Federal land;
“(ii) funding assistance solely in the form of general revenue sharing funds which do not provide Federal agency compliance or enforcement responsibility over the subsequent use of such funds;
“(iii) loans, loan guarantees, or other forms of financial assistance where a Federal agency does not exercise sufficient control and responsibility over the effect of the action;
“(iv) farm ownership and operating loan guarantees by the Farm Service Agency pursuant to sections 305 and 311 through 319 of the Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1925 and 1941 through 1949);
“(v) business loan guarantees provided by the Small Business Administration pursuant to section 7(a) or (b) and of the Small Business Act (15 U.S.C. 636(a)), or title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.);
“(vi) bringing judicial or administrative civil or criminal enforcement actions; or
“(vii) extraterritorial activities or decisions, which means agency activities or 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 Federal action on the basis of—
“(i) an interstate effect of the action or related project; or
“(ii) the provision of Federal funds for the action or related project.
“(11) MINERAL EXPLORATION OR MINE PERMIT.—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 document; and
“(B) in an area directly affected by the proposed agency action such that an individual of ordinary prudence would take such occurrence into account in reaching a decision.
“(14) SPECIAL EXPERTISE.—The term ‘special expertise’ means statutory responsibility, agency mission, or related program experience.”.
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 Policy Act” and published on July 16, 2020 (85 Fed. Reg. 43304), shall have the same force and effect of law as if enacted by an Act of Congress.
(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” includes—
(1) geotechnical investigations;
(2) off-road travel in an existing right-of-way;
(3) construction of meteorological towers where the total surface disturbance at the location is less than 5 acres;
(4) adding a battery or other energy storage 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 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 disturbance at any one time within the project area 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) activities to minimize fire risk, including vegetation management, routine fire mitigation, inspection, and maintenance activities, and removal of hazard trees and other hazard vegetation 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 described in subparagraph (A) through (E);
(7) approval of and activities conducted in accordance with operating plans or agreements for transmission and distribution facilities or under a special use authorization for an electric transmission and distribution facility right-of-way; and
(8) construction, maintenance, realignment, or repair of an existing permanent or temporary access road—
(A) within an existing right-of-way or within 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.
(a) In general.—Upon a determination by the Secretary 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 activity within an existing right-of-way, within a right-of-way corridor established in a land use plan, or in an otherwise designated right-of-way, that action, 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)).
(b) Inclusion of remediation.—In making a determination under subsection (a), the Secretary concerned shall consider the effect of any remediation work to be conducted during the lifetime of the action, decision, or activity when determining whether there will be any overall long-term net loss of vegetation, soil, or habitat.
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 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.
Not later than 60 days after the Secretary concerned receives an application to grant 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 grant a right-of-way on the same or any overlapping parcels of land while such application is pending.
(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 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”.
(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.
(c) Statement for failure To accept or expend funds.—Not later than 60 days after the end of the applicable fiscal year, if the Secretary of Agriculture (acting through the Forest Service) or the Secretary of the Interior does not accept funds contributed under 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 Natural Resources of the Senate a statement explaining why such funds were not accepted, were not expended, or both, as the case may be.
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.
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 paragraph (2)(B) as a result of a formatting issue with the permit, unless such formatting issue results in missing information.”.
(a) Effect of pending civil actions.—Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the following:
“(4) EFFECT OF PENDING CIVIL ACTION ON PROCESSING APPLICATIONS FOR PERMITS TO DRILL.—Pursuant to the requirements of paragraph (2), notwithstanding the existence of any pending civil actions affecting the application or related lease, the Secretary shall process an application for a permit to drill or other authorizations or approvals under a valid existing lease, unless a United States Federal court vacated such lease. Nothing in this paragraph shall be construed as providing authority to a Federal court to vacate a lease.”.
(b) Term of permit To drill.—Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is further amended by adding at the end the following:
“(u) Term of permit To drill.—A permit to drill issued under this section after the date of the enactment of this subsection shall be valid for one four-year term from the date that the permit is approved, or until the lease regarding which the permit is issued expires, whichever occurs first.”.
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 review.
“(a) National environmental policy act review.—Action by the Secretary of the Interior, in managing 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 exploration or development of oil or gas.
“(b) Application.—This section shall not apply to an action of the Secretary of the Interior or the Secretary of Agriculture on Indian lands or resources managed in trust for the benefit of Indian Tribes.
“(c) Activities described.—The activities referred to in subsection (a) are as follows:
“(1) Reinstating a lease pursuant to section 31 of the Mineral Leasing Act (30 U.S.C. 188).
“(2) The following activities, provided that any new surface disturbance is contiguous with the footprint of the original authorization and does not exceed 20 acres or the acreage has previously been evaluated in a document previously prepared under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such activity:
“(A) Drilling an oil or gas well at a well pad site at which drilling has occurred previously.
“(B) Expansion of an existing oil or gas well pad site to accommodate an additional well.
“(C) Expansion or modification of an existing oil or gas well pad site, road, pipeline, facility, or utility submitted in a sundry notice.
“(3) Drilling of an oil or gas well at a new well pad site, provided that the new surface disturbance does not exceed 20 acres and the acreage evaluated in a document previously prepared under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such activity, whichever is greater.
“(4) Construction or realignment of a road, pipeline, or utility within an existing right-of-way or within a right-of-way corridor established in a land use plan.
“(5) The following activities when conducted from non-Federal surface into federally owned minerals, provided that the operator submits to the Secretary concerned certification of a surface use agreement with the non-Federal landowner:
“(A) Drilling an oil or gas well at a well pad site at which drilling has occurred previously.
“(B) Expansion of an existing oil or gas well pad site to accommodate an additional well.
“(C) Expansion or modification of an existing oil or gas well pad site, road, pipeline, facility, or utility submitted in a sundry notice.
“(6) Drilling of an oil or gas well from non-Federal surface and non-Federal subsurface into Federal mineral estate.
“(7) Construction of up to 1 mile of new road on Federal or non-Federal surface, not to exceed 2 miles in total.
“(8) Construction of up to 3 miles of individual pipelines or utilities, regardless of surface ownership.”.
(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 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 not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969;
“(B) shall require no additional Federal action;
“(C) may commence 30 days after submission of the State permit to the Secretary; and
“(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.
“(5) INDIAN LAND.—In this subsection, the term ‘Indian land’ means—
“(A) any land located within the boundaries 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 individual Indian;
“(ii) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or
“(iii) by a dependent Indian community.”.
(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 geothermal 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 interest of less than 50 percent of the subsurface geothermal 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 estate.
“(b) No Federal action.—A geothermal exploration and production activity carried out under paragraph (1)—
“(1) shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969;
“(2) shall require no additional Federal action;
“(3) may commence 30 days after submission of the State permit to the Secretary; and
“(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 accountability.— (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 resources (other than direct use of geothermal resources) or the production of any byproducts.
“(2) The Secretary may conduct onsite reviews and inspections to ensure proper accountability, measurement, and reporting of the production described in paragraph (1), and payment of royalties.
“(d) Exceptions.—This section shall not apply to actions on Indian lands or resources managed in trust for the benefit of Indian Tribes.
“(e) Indian land.—In this section, the term ‘Indian land’ means—
“(1) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; and
“(2) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—
“(A) in trust by the United States for the benefit of an Indian tribe or an individual Indian;
“(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.”.
An environmental review for an oil and gas lease or permit prepared pursuant to the requirements of the National 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 downstream, indirect effects of oil and gas consumption.
Section 11318(b)(1) of the Infrastructure Investment and Jobs Act (42 U.S.C. 15943(b)(1)) is amended by striking “to be an action that is categorically excluded (as defined in section 1508.1 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act))” and inserting “to not be a major Federal action”.
Notwithstanding any other provision of law, any oil and gas lease sale held under section 17 of the Mineral Leasing Act (26 U.S.C. 226) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) shall not be vacated and activities on leases awarded in the sale shall not be otherwise limited, delayed, or enjoined unless the court concludes allowing development of the challenged lease will pose a risk of an imminent and substantial 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.
(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 mineral project, energy facility, or energy storage device shall be barred unless—
(1) the claim is filed within 120 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.
(d) Mineral project.—In this section, the term “mineral project” means a project—
(A) a mining claim, millsite claim, or tunnel 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.
(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 Management 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 deadline 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—
(1) actions the Bureau of Land Management can take to streamline the approval process for applications for permits to drill to approve applications for permits to drill within 30 days of receipt of a completed application;
(2) aspects of the Federal permitting process carried 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 Federal permitting process described in paragraph (2).
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)).
(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 section 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 Interior.
(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.
Section 40206 of the Infrastructure Investment and Jobs Act (30 U.S.C. 1607) is amended—
(1) in the section heading, by striking “Critical minerals” and inserting “Minerals”;
(2) by amending subsection (a) to read as follows:
“(a) Definitions.—In this section:
“(1) LEAD AGENCY.—The term ‘lead agency’ means the Federal agency with primary responsibility for issuing a mineral exploration or mine permit 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 applicable, for exploration for minerals that requires analysis under the National Environmental Policy Act of 1969;
“(B) a plan of operations for a mineral project approved by the Bureau of Land Management or the Forest Service; or
“(C) any other Federal permit or authorization for a mineral project.
“(4) MINERAL PROJECT.—The term ‘mineral project’ means a project—
“(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;
(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 inserting “shall complete such”;
(D) in paragraph (1), by striking “critical mineral-related activities on Federal land” and inserting “mineral projects”;
(E) in paragraph (8), by striking the “and” at the end;
(F) in paragraph (9), by striking “procedures.” 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 reclamation permits for the proposed mineral project.”;
(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:
“(1) MEMORANDUM OF AGREEMENT.—For purposes of maximizing efficiency and effectiveness of the Federal permitting and review processes described 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 processes, and upon request of the project applicant, an affected State government, local government, or an Indian Tribe, or other entity such lead agency determines appropriate) enter into a memorandum of agreement with a project applicant where requested by applicant to carry out the activities described in subsection (c).
“(2) TIMELINES AND SCHEDULES FOR NEPA REVIEWS.—
“(A) EXTENSION.—A project applicant may enter into 1 or more agreements with a lead agency to extend the deadlines described in subparagraphs (A) and (B) of subsection (h)(1) of section 107 of title I of the National Environmental 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—
“(i) any deadlines described in subparagraph (A); and
“(ii) any deadlines extended under subparagraph (B).
“(3) EFFECT ON PENDING APPLICATIONS.—Upon a written request by a project applicant, the requirements of this subsection shall apply to any application 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”..”.
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).
Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is amended by inserting “mineral production,” before “or any other sector”.
(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 maintained 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) to create, maintain, protect, expand, or restore sustainable and responsible domestic production capabilities through—
(1) supporting feasibility studies for mature mining, beneficiation, and value-added processing projects;
(2) byproduct and co-product production at existing mining, mine waste reclamation, and other industrial facilities;
(3) modernization of mining, beneficiation, and value-added processing to increase productivity, environmental 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 action not be treated as a covered project.
(a) In general.—Not later than 15 days before commencing 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 concerned a complete notice of such exploration activity.
(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 Secretary concerned receives notice submitted under subsection (a), the Secretary concerned shall—
(1) review and determine completeness of the notice; and
(2) allow exploration activities to proceed if—
(A) the surface disturbance of such exploration 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 assurance that the Secretary concerned determines is adequate.
(d) Definitions.—In this section:
(1) EXPLORATION ACTIVITY.—The term “exploration activity”—
(A) means creating surface disturbance greater than casual use that includes sampling, drilling, or developing surface or underground workings to evaluate the type, extent, quantity, or quality of mineral values present;
(B) includes constructing drill roads and drill pads, drilling, trenching, excavating test pits, and conducting geotechnical tests and geophysical surveys; and
(C) does not include activities where material is extracted for commercial use or sale.
(2) SECRETARY CONCERNED.—The term “Secretary concerned” means—
(A) with respect to lands administered by the Secretary of the Interior, the Secretary of the Interior; and
(B) with respect to National Forest System lands, the Secretary of Agriculture.
Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is amended by adding at the end the following:
“(A) IN GENERAL.—A claimant shall have the right to use, occupy, and conduct operations on public land, with or without the discovery of a valuable mineral deposit, if—
“(i) such claimant makes a timely payment of the location fee required by section 10102 and the claim maintenance fee required by subsection (a); or
“(ii) in the case of a claimant who qualifies for a waiver under subsection (d), such claimant makes a timely payment of the location fee and complies with the required assessment work under the general mining laws.
“(B) OPERATIONS DEFINED.—For the purposes of this paragraph, the term ‘operations’ means—
“(i) any activity or work carried out in connection with prospecting, exploration, processing, discovery and assessment, development, or extraction with respect to a locatable mineral;
“(ii) the reclamation of any disturbed areas; and
“(iii) any other reasonably incident uses, whether on a mining claim or not, including the construction and maintenance of facilities, roads, transmission lines, pipelines, and any other necessary infrastructure or means of access on public land for support facilities.
“(2) FULFILLMENT OF FEDERAL LAND POLICY AND MANAGEMENT ACT.—A claimant that fulfills the requirements of this section and section 10102 shall be deemed to satisfy the requirements of any provision of the Federal Land Policy and Management Act that requires the payment of fair market value to the United States for use of public lands and resources relating to use of such lands and resources authorized by the general mining laws.
“(3) SAVINGS CLAUSE.—Nothing in this subsection may be construed to diminish the rights of entry, use, and occupancy, or any other right, of a claimant under the general mining laws.”.
(a) In general.—Section 7002(a)(3)(B)(i) of the Energy Act of 2020 (30 U.S.C. 1606(a)(3)(B)(i)) is amended to read as follows:
“(i) oil, oil shale, coal, or natural gas;”.
(b) Update.—Not later than 60 days after the date of the enactment of this section, the Secretary, acting through the Director of the United States Geological Survey, shall publish in the Federal Register an update to the final list established in section 7002(c)(3) of the Energy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance with subsection (a) of this section.
(a) Resource assessments required.—Federal lands and waters may not be withdrawn from entry under the mining laws or operation of the mineral leasing and mineral materials laws unless—
(1) a quantitative and qualitative geophysical and geological mineral resource assessment of the impacted area has been completed during the 10-year period ending on the date of such withdrawal;
(2) the Secretary, in consultation with the Secretary of Commerce, the Secretary of Energy, and the Secretary of Defense, conducts an assessment of the economic, energy, strategic, and national security value of mineral deposits identified in such mineral resource assessment;
(3) the Secretary conducts an assessment of the reduction in future Federal revenues to the Treasury, States, the Land and Water Conservation Fund, and the Historic Preservation Fund resulting from the proposed mineral withdrawal;
(4) the Secretary, in consultation with the Secretary of Defense, conducts an assessment of military readiness and training activities in the proposed withdrawal area; and
(5) the Secretary submits a report to the Committees on Natural Resources, Agriculture, Energy and Commerce, and Foreign Affairs of the House of Representatives and the Committees on Energy and Natural Resources, Agriculture, and Foreign Affairs of the Senate, that includes the results of the assessments completed pursuant to this subsection.
(b) Land use plans.—Before a resource management plan under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or a forest management plan under the National Forest Management Act is updated or completed, the Secretary or Secretary of Agriculture, as applicable, in consultation with the Director of the United States Geological Survey, shall—
(1) review any quantitative and qualitative mineral resource assessment that was completed or updated during the 10-year period ending on the date that the applicable land management agency publishes a notice to prepare, revise, or amend a land use plan by the Director of the United States Geological Survey for the geographic area affected by the applicable management plan;
(2) the Secretary, in consultation with the Secretary of Commerce, the Secretary of Energy, and the Secretary of Defense, conducts an assessment of the economic, energy, strategic, and national security value of mineral deposits identified in such mineral resource assessment; and
(3) submit a report to the Committees on Natural Resources, Agriculture, Energy and Commerce, and Foreign Affairs of the House of Representatives and the Committees on Energy and Natural Resources, Agriculture, and Foreign Affairs of the Senate, that includes the results of the assessment completed pursuant to this subsection.
(c) New information.—The Secretary shall provide recommendations to the President on appropriate measures to reduce unnecessary impacts that a withdrawal of Federal lands or waters from entry under the mining laws or operation of the mineral leasing and mineral materials laws may have on mineral exploration, development, and other mineral activities (including authorizing exploration and development of such mineral deposits) not later than 180 days after the Secretary has notice that a resource assessment completed by the Director of the United States Geological Survey, in coordination with the State geological surveys, determines that a previously undiscovered mineral deposit may be present in an area that has been withdrawn from entry under the mining laws or operation of the mineral leasing and mineral materials laws pursuant to—
(1) section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714), or
(2) chapter 3203 of title 54, United States Code.
(a) Prohibitions.—Notwithstanding any other provision of law, the President shall not carry out any action that would pause, restrict, or delay the process for or issuance of any of the following on Federal land, unless such lands are withdrawn from disposition under the mineral leasing laws, including by administrative withdrawal:
(1) New oil and gas lease sales, oil and gas leases, drill permits, or associated approvals or authorizations of any kind associated with oil and gas leases.
(2) New coal leases (including leases by application in process, renewals, modifications, or expansions of existing leases), permits, approvals, or authorizations.
(3) New leases, claims, permits, approvals, or authorizations for development or exploration of minerals.
(b) Prohibition on rescission of leases, permits, or claims.—The President, the Secretary, or Secretary of Agriculture as applicable, may not rescind any existing lease, permit, or claim for the extraction and production of any mineral under the mining laws or mineral leasing and mineral materials laws on National Forest System land or land under the jurisdiction of the Bureau of Land Management, unless specifically authorized by Federal statute, or upon the lessee, permittee, or claimant’s failure to comply with any of the provisions of the applicable lease, permit, or claim.
(c) Mineral defined.—In subsection (a)(3), the term “mineral” means any mineral of a kind that is locatable (including such minerals located on “lands acquired by the United States”, as such term is defined in section 2 of the Mineral Leasing Act for Acquired Lands) under the Act of May 10, 1872 (Chapter 152; 17 Stat. 91).
In this title:
(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—
(A) the President; and
(B) any designee of the President, including—
(i) the Secretary of Agriculture;
(ii) the Secretary of Commerce;
(iii) the Secretary of Energy; and
(iv) the Secretary of the Interior.
(3) PREVIOUSLY UNDISCOVERED DEPOSIT.—The term “previously undiscovered mineral deposit” means—
(A) a mineral deposit that has been previously evaluated by the United States Geological Survey and found to be of low mineral potential, but upon subsequent evaluation is determined by the United States Geological Survey to have significant mineral potential, or
(B) a mineral deposit that has not previously been evaluated by the United States Geological Survey.
(4) SECRETARY.—The term “Secretary” means the Secretary of the Interior.
(a) Offshore oil and gas royalty rate.—Section 8(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)) is amended—
(1) in subparagraph (A), by striking “not less than 162⁄3 percent, but not more than 183⁄4 percent, during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’, and not less than 162⁄3 percent thereafter,” each place it appears and inserting “not less than 12.5 percent”;
(2) in subparagraph (C), by striking “not less than 162⁄3 percent, but not more than 183⁄4 percent, during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’, and not less than 162⁄3 percent thereafter,” each place it appears and inserting “not less than 12.5 percent”;
(3) in subparagraph (F), by striking “not less than 162⁄3 percent, but not more than 183⁄4 percent, during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’, and not less than 162⁄3 percent thereafter,” and inserting “not less than 12.5 percent”; and
(4) in subparagraph (H), by striking “not less than 162⁄3 percent, but not more than 183⁄4 percent, during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’, and not less than 162⁄3 percent thereafter,” and inserting “not less than 12.5 percent”.
(1) ONSHORE OIL AND GAS ROYALTY RATES.—
(A) LEASE OF OIL AND GAS LAND.—Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended—
(I) by striking “not less than 162⁄3 ” and inserting “not less than 12.5”; and
(II) by striking “or, in the case of a lease issued during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’, 162⁄3 percent in amount or value of the production removed or sold from the lease”; and
(ii) by striking “162⁄3 percent” each place it appears and inserting “12.5 percent”.
(B) CONDITIONS FOR REINSTATEMENT.—Section 31(e)(3) of the Mineral Leasing Act (30 U.S.C. 188(e)(3)) is amended by striking “20” inserting “162⁄3 ”.
(2) OIL AND GAS MINIMUM BID.—Section 17(b) of the Mineral Leasing Act (30 U.S.C. 226(b)) is amended—
(A) in paragraph (1)(B), by striking “$10 per acre during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’.” and inserting “$2 per acre for a period of 2 years from the date of the enactment of the Federal Onshore Oil and Gas Leasing Reform Act of 1987.”; and
(B) in paragraph (2)(C), by striking “$10 per acre” and inserting “$2 per acre”.
(3) FOSSIL FUEL RENTAL RATES.—Section 17(d) of the Mineral Leasing Act (30 U.S.C. 226(d)) is amended to read as follows:
“(d) All leases issued under this section, as amended by the Federal Onshore Oil and Gas Leasing Reform Act of 1987, shall be conditioned upon payment by the lessee of a rental of not less than $1.50 per acre per year for the first through fifth years of the lease and not less than $2 per acre per year for each year thereafter. A minimum royalty in lieu of rental of not less than the rental which otherwise would be required for that lease year shall be payable at the expiration of each lease year beginning on or after a discovery of oil or gas in paying quantities on the lands leased.”.
(4) EXPRESSION OF INTEREST FEE.—Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is further amended by repealing subsection (q).
(5) ELIMINATION OF NONCOMPETITIVE LEASING.—Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is further amended—
(I) in the first sentence, by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”; and
(II) by adding at the end “Lands for which no bids are received or for which the highest bid is less than the national minimum acceptable bid shall be offered promptly within 30 days for leasing under subsection (c) of this section and shall remain available for leasing for a period of 2 years after the competitive lease sale.”; and
(ii) by adding at the end the following:
“(3) (A) If the United States held a vested future interest in a mineral estate that, immediately prior to becoming a vested present interest, was subject to a lease under which oil or gas was being produced, or had a well capable of producing, in paying quantities at an annual average production volume per well per day of either not more than 15 barrels per day of oil or condensate, or not more than 60,000 cubic feet of gas, the holder of the lease may elect to continue the lease as a noncompetitive lease under subsection (c)(1).
“(B) An election under this paragraph is effective—
“(i) in the case of an interest which vested after January 1, 1990, and on or before October 24, 1992, if the election is made before the date that is 1 year after October 24, 1992;
“(ii) in the case of an interest which vests within 1 year after October 24, 1992, if the election is made before the date that is 2 years after October 24, 1992; and
“(iii) in any case other than those described in clause (i) or (ii), if the election is made prior to the interest becoming a vested present interest.”;
(B) by striking subsection (c) and inserting the following:
“(c) Lands subject to leasing under subsection (b); first qualified applicant.—
“(1) If the lands to be leased are not leased under subsection (b)(1) of this section or are not subject to competitive leasing under subsection (b)(2) of this section, the person first making application for the lease who is qualified to hold a lease under this chapter shall be entitled to a lease of such lands without competitive bidding, upon payment of a non-refundable application fee of at least $75. A lease under this subsection shall be conditioned upon the payment of a royalty at a rate of 12.5 percent in amount or value of the production removed or sold from the lease. Leases shall be issued within 60 days of the date on which the Secretary identifies the first responsible qualified applicant.
“(2) (A) Lands (i) which were posted for sale under subsection (b)(1) of this section but for which no bids were received or for which the highest bid was less than the national minimum acceptable bid and (ii) for which, at the end of the period referred to in subsection (b)(1) of this section no lease has been issued and no lease application is pending under paragraph (1) of this subsection, shall again be available for leasing only in accordance with subsection (b)(1) of this section.
“(B) The land in any lease which is issued under paragraph (1) of this subsection or under subsection (b)(1) of this section which lease terminates, expires, is cancelled or is relinquished shall again be available for leasing only in accordance with subsection (b)(1) of this section.”; and
(C) by striking subsection (e) and inserting the following:
“(e) Primary term.—Competitive and noncompetitive leases issued under this section shall be for a primary term of 10 years: Provided, however, That competitive leases issued in special tar sand areas shall also be for a primary term of ten years. Each such lease shall continue so long after its primary term as oil or gas is produced in paying quantities. Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of its primary term and are being diligently prosecuted at that time shall be extended for two years and so long thereafter as oil or gas is produced in paying quantities.”.
(6) CONFORMING AMENDMENTS.—Section 31 of the Mineral Leasing Act (30 U.S.C. 188) is amended—
(A) in subsection (d)(1), by striking “section 17(b)” and inserting “subsection (b) or (c) of section 17 of this Act”;
(I) insert “either” after “rentals and”; and
(II) insert “or the inclusion in a reinstated lease issued pursuant to the provisions of section 17(c) of this Act of a requirement that future rentals shall be at a rate not less than $5 per acre per year, all” before “as determined by the Secretary”; and
(ii) by amending paragraph (3) to read as follows:
“(3) (A) payment of back royalties and the inclusion in a reinstated lease issued pursuant to the provisions of section 17(b) of this Act of a requirement for future royalties at a rate of not less than 162⁄3 percent computed on a sliding scale based upon the average production per well per day, at a rate which shall be not less than 4 percentage points greater than the competitive royality schedule then in force and used for royalty determination for competitive leases issued pursuant to such section as determined by the Secretary: Provided, That royalty on such reinstated lease shall be paid on all production removed or sold from such lease subsequent to the termination of the original lease;
“(B) payment of back royalties and inclusion in a reinstated lease issued pursuant to the provisions of section 17(c) of this Act of a requirement for future royalties at a rate not less than 162⁄3 percent: Provided, That royalty on such reinstated lease shall be paid on all production removed or sold from such lease subsequent to the cancellation or termination of the original lease; and”;
(i) in paragraph (1), strike “in the same manner as the original lease issued pursuant to section 17” and insert “as a competitive or a noncompetitive oil and gas lease in the same manner as the original lease issued pursuant to subsection (b) or (c) of section 17 of this Act”;
(ii) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(iii) by inserting after paragraph (1) the following:
“(2) Except as otherwise provided in this section, the issuance of a lease in lieu of an abandoned patented oil placer mining claim shall be treated as a noncompetitive oil and gas lease issued pursuant to section 17(c) of this Act.”;
(D) in subsection (g), by striking “subsection (d)” and inserting “subsections (d) and (f)”;
(E) by amending subsection (h) to read as follows:
“(1) In acting on a petition to issue a noncompetitive oil and gas lease, under subsection (f) of this section or in response to a request filed after issuance of such a lease, or both, the Secretary is authorized to reduce the royalty on such lease if in his judgment it is equitable to do so or the circumstances warrant such relief due to uneconomic or other circumstances which could cause undue hardship or premature termination of production.
“(2) In acting on a petition for reinstatement pursuant to subsection (d) of this section or in response to a request filed after reinstatement, or both, the Secretary is authorized to reduce the royalty in that reinstated lease on the entire leasehold or any tract or portion thereof segregated for royalty purposes if, in his judgment, there are uneconomic or other circumstances which could cause undue hardship or premature termination of production; or because of any written action of the United States, its agents or employees, which preceded, and was a major consideration in, the lessee's expenditure of funds to develop the property under the lease after the rent had become due and had not been paid; or if in the judgment of the Secretary it is equitable to do so for any reason.”;
(F) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; and
(G) by inserting after subsection (e) the following:
“(f) Issuance of noncompetitive oil and gas lease; conditions.—Where an unpatented oil placer mining claim validly located prior to February 24, 1920, which has been or is currently producing or is capable of producing oil or gas, has been or is hereafter deemed conclusively abandoned for failure to file timely the required instruments or copies of instruments required by section 1744 of title 43, and it is shown to the satisfaction of the Secretary that such failure was inadvertent, justifiable, or not due to lack of reasonable diligence on the part of the owner, the Secretary may issue, for the lands covered by the abandoned unpatented oil placer mining claim, a noncompetitive oil and gas lease, consistent with the provisions of section 17(e) of this Act, to be effective from the statutory date the claim was deemed conclusively abandoned. Issuance of such a lease shall be conditioned upon—
“(1) a petition for issuance of a noncompetitive oil and gas lease, together with the required rental and royalty, including back rental and royalty accruing from the statutory date of abandonment of the oil placer mining claim, being filed with the Secretary- (A) with respect to any claim deemed conclusively abandoned on or before January 12, 1983, on or before the one hundred and twentieth day after January 12, 1983, or (B) with respect to any claim deemed conclusively abandoned after January 12, 1983, on or before the one hundred and twentieth day after final notification by the Secretary or a court of competent jurisdiction of the determination of the abandonment of the oil placer mining claim;
“(2) a valid lease not having been issued affecting any of the lands covered by the abandoned oil placer mining claim prior to the filing of such petition: Provided, however, That after the filing of a petition for issuance of a lease under this subsection, the Secretary shall not issue any new lease affecting any of the lands covered by such abandoned oil placer mining claim for a reasonable period, as determined in accordance with regulations issued by him;
“(3) a requirement in the lease for payment of rental, including back rentals accruing from the statutory date of abandonment of the oil placer mining claim, of not less than $5 per acre per year;
“(4) a requirement in the lease for payment of royalty on production removed or sold from the oil placer mining claim, including all royalty on production made subsequent to the statutory date the claim was deemed conclusively abandoned, of not less than 121⁄2 percent; and
“(5) compliance with the notice and reimbursement of costs provisions of paragraph (4) of subsection (e) but addressed to the petition covering the conversion of an abandoned unpatented oil placer mining claim to a noncompetitive oil and gas lease.”.
(a) Distribution of outer continental shelf revenue to gulf producing States.—Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note) is amended—
(A) in paragraph (1), by striking “50” and inserting “37.5”; and
(i) by striking “50” and inserting “62.5”;
(ii) in subparagraph (A), by striking “75” and inserting “80”; and
(iii) in subparagraph (B), by striking “25” and inserting “20”; and
(2) by striking subsection (f).
(b) Exemption of certain payments from sequestration.—
(1) IN GENERAL.—Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting after “Payments to Social Security Trust Funds (28–0404–0–1–651).” the following:
(2) APPLICABILITY.—The amendment made by this subsection shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act.
(a) Payments and revenues.—Section 8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)) is amended—
(1) in subparagraph (A), by striking “(A) The Secretary” and inserting the following:
“(A) IN GENERAL.—Subject to subparagraphs (B) and (C), the Secretary”;
(2) in subparagraph (B), by striking “(B) The Secretary” and inserting the following:
“(B) DISPOSITION OF REVENUES FOR PROJECTS LOCATED WITHIN 3 NAUTICAL MILES SEAWARD OF STATE SUBMERGED LAND.—The Secretary”; and
(3) by adding at the end the following:
“(C) DISPOSITION OF REVENUES FOR OFFSHORE WIND PROJECTS IN CERTAIN AREAS.—
“(i) DEFINITIONS.—In this subparagraph:
“(I) COVERED OFFSHORE WIND PROJECT.—The term ‘covered offshore wind project’ means a wind powered electric generation project in a wind energy area on the outer Continental Shelf that is not wholly or partially located within an area subject to subparagraph (B).
“(II) ELIGIBLE STATE.—The term ‘eligible State’ means a State a point on the coastline of which is located within 75 miles of the geographic center of a covered offshore wind project.
“(III) QUALIFIED OUTER CONTINENTAL SHELF REVENUES.—The term ‘qualified outer Continental Shelf revenues’ means all royalties, fees, rentals, bonuses, or other payments from covered offshore wind projects carried out pursuant to this subsection on or after the date of enactment of this subparagraph.
“(I) IN GENERAL.—The Secretary of the Treasury shall deposit—
“(aa) 12.5 percent of qualified outer Continental Shelf revenues in the general fund of the Treasury;
“(bb) 37.5 percent of qualified outer Continental Shelf revenues in the North American Wetlands Conservation Fund; and
“(cc) 50 percent of qualified outer Continental Shelf revenues in a special account in the Treasury from which the Secretary shall disburse to each eligible State an amount determined pursuant to subclause (II).
“(aa) IN GENERAL.—Subject to item (bb), for each fiscal year beginning after the date of enactment of this subparagraph, the amount made available under subclause (I)(cc) shall be allocated to each eligible State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each eligible State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract.
“(bb) MINIMUM ALLOCATION.—The amount allocated to an eligible State each fiscal year under item (aa) shall be at least 10 percent of the amounts made available under subclause (I)(cc).
“(cc) PAYMENTS TO COASTAL POLITICAL SUBDIVISIONS.—
“(AA) IN GENERAL.—The Secretary shall pay 20 percent of the allocable share of each eligible State, as determined pursuant to item (aa), to the coastal political subdivisions of the eligible State.
“(BB) ALLOCATION.—The amount paid by the Secretary to coastal political subdivisions under subitem (AA) shall be allocated to each coastal political subdivision in accordance with subparagraphs (B) and (C) of section 31(b)(4) of this Act.
“(iii) TIMING.—The amounts required to be deposited under subclause (I) of clause (ii) for the applicable fiscal year shall be made available in accordance with such subclause during the fiscal year immediately following the applicable fiscal year.
“(I) IN GENERAL.—Subject to subclause (II), each eligible State shall use all amounts received under clause (ii)(II) in accordance with all applicable Federal and State laws, only for 1 or more of the following purposes:
“(aa) Projects and activities for the purposes of coastal protection and resiliency, including conservation, coastal restoration, estuary management, beach nourishment, hurricane and flood protection, and infrastructure directly affected by coastal wetland losses.
“(bb) Mitigation of damage to fish, wildlife, or natural resources, including through fisheries science and research.
“(cc) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan.
“(dd) Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects.
“(ee) Planning assistance and the administrative costs of complying with this section.
“(II) LIMITATION.—Of the amounts received by an eligible State under clause (ii)(II), not more than 3 percent shall be used for the purposes described in subclause (I)(ee).
“(v) ADMINISTRATION.—Subject to clause (vi)(III), amounts made available under items (aa) and (cc) of clause (ii)(I) shall—
“(I) be made available, without further appropriation, in accordance with this subparagraph;
“(II) remain available until expended; and
“(III) be in addition to any amount appropriated under any other Act.
“(I) IN GENERAL.—Not later than 180 days after the end of each fiscal year, the Governor of each eligible State that receives amounts under clause (ii)(II) for the applicable fiscal year shall submit to the Secretary a report that describes the use of the amounts by the eligible State during the period covered by the report.
“(II) PUBLIC AVAILABILITY.—On receipt of a report submitted under subclause (I), the Secretary shall make the report available to the public on the website of the Department of the Interior.
“(III) LIMITATION.—If the Governor of an eligible State that receives amounts under clause (ii)(II) fails to submit the report required under subclause (I) by the deadline specified in that subclause, any amounts that would otherwise be provided to the eligible State under clause (ii)(II) for the succeeding fiscal year shall be deposited in the Treasury.”.
(b) Exemption of certain payments from sequestration.—
(1) IN GENERAL.—Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting after “Payments to Social Security Trust Funds (28–0404–0–1–651).” the following:
(2) APPLICABILITY.—The amendment made by this subsection shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act.
(a) In general.—Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended—
(1) in subsection (a), in the first sentence, by striking “and, subject to the provisions of subsection (b),”;
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively;
(4) in paragraph (3)(B)(ii) of subsection (b) (as so redesignated), by striking “subsection (d)” and inserting “subsection (c)”; and
(5) in paragraph (3)(A)(ii) of subsection (c) (as so redesignated), by striking “subsection (c)(2)(B)” and inserting “subsection (b)(2)(B)”.
(1) Section 6(a) of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 355(a)) is amended—
(A) in the first sentence, by striking “Subject to the provisions of section 35(b) of the Mineral Leasing Act (30 U.S.C. 191(b)), all” and inserting “All”; and
(B) in the second sentence, by striking “of the Act of February 25, 1920 (41 Stat. 450; 30 U.S.C. 191),” and inserting “of the Mineral Leasing Act (30 U.S.C. 191)”.
(2) Section 20(a) of the Geothermal Steam Act of 1970 (30 U.S.C. 1019(a)) is amended, in the second sentence of the matter preceding paragraph (1), by striking “the provisions of subsection (b) of section 35 of the Mineral Leasing Act (30 U.S.C. 191(b)) and section 5(a)(2) of this Act” and inserting “section 5(a)(2)”.
(3) Section 205(f) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1735(f)) is amended—
(A) in the first sentence, by striking “this Section” and inserting “this section”; and
(B) by striking the fourth, fifth, and sixth sentences.