[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2811 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2811
To provide for a responsible increase to the debt ceiling, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Arrington (for himself, Mr. Comer, Ms. Granger, Mr. Graves of
Missouri, Ms. Foxx, Mr. McHenry, Mrs. Rodgers of Washington, Mr. Smith
of Missouri, Mr. Thompson of Pennsylvania, Mr. Westerman, and Mr.
Williams of Texas) introduced the following bill; which was referred to
the Committee on Ways and Means, and in addition to the Committees on
the Budget, Appropriations, Oversight and Accountability, Education and
the Workforce, Agriculture, Energy and Commerce, the Judiciary, Rules,
Transportation and Infrastructure, and Natural Resources, 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
_______________________________________________________________________
A BILL
To provide for a responsible increase to the debt ceiling, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limit, Save, Grow Act of 2023''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--LIMIT FEDERAL SPENDING
TITLE I--DISCRETIONARY SPENDING LIMITS FOR DISCRETIONARY CATEGORY
Sec. 101. Discretionary spending limits.
DIVISION B--SAVE TAXPAYER DOLLARS
TITLE I--RESCISSION OF UNOBLIGATED CORONAVIRUS FUNDS
Sec. 201. Rescission of unobligated coronavirus funds.
TITLE II--PROHIBIT UNFAIR STUDENT LOAN GIVEAWAYS
Sec. 211. Nullification of certain executive actions and rules relating
to Federal student loans.
Sec. 212. Limitation on authority of Secretary to propose or issue
regulations and executive actions.
TITLE III--REPEAL MARKET DISTORTING GREEN TAX CREDITS
Sec. 221. Amendment of 1986 Code.
Sec. 222. Modification of credit for electricity produced from certain
renewable resources.
Sec. 223. Modification of energy credit.
Sec. 224. Repeal of increase in energy credit for solar and wind
facilities placed in service in connection
with low-income communities.
Sec. 225. Modification of credit for carbon oxide sequestration.
Sec. 226. Zero-emission nuclear power production credit repealed.
Sec. 227. Incentives for biodiesel, renewable diesel, and alternative
fuels.
Sec. 228. Second generation biofuel incentives.
Sec. 229. Repeal of sustainable aviation fuel credit.
Sec. 230. Clean hydrogen repeals.
Sec. 231. Nonbusiness energy property credit.
Sec. 232. Residential clean energy credit reverted to credit for
residential energy efficient property.
Sec. 233. Energy efficient commercial buildings deduction.
Sec. 234. Modifications to new energy efficient home credit.
Sec. 235. Clean vehicle credit.
Sec. 236. Repeal of credit for previously-owned clean vehicles.
Sec. 237. Repeal of credit for qualified commercial clean vehicles.
Sec. 238. Alternative fuel refueling property credit.
Sec. 239. Advanced energy project credit extension reversed.
Sec. 240. Repeal of advanced manufacturing production credit.
Sec. 241. Repeal of clean electricity production credit.
Sec. 242. Repeal of clean electricity investment credit.
Sec. 243. Cost recovery for qualified facilities, qualified property,
and energy storage technology removed.
Sec. 244. Repeal of clean fuel production credit.
Sec. 245. Repeal of sections relating to elective payment for energy
property and electricity produced from
certain renewable resources; transfer of
credits.
TITLE IV--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION
Sec. 251. Rescission of certain balances made available to the Internal
Revenue Service.
DIVISION C--GROW THE ECONOMY
TITLE I--TEMPORARY ASSISTANCE TO NEEDY FAMILIES
Sec. 301. Recalibration of the caseload reduction credit.
Sec. 302. Eliminating excess maintenance of effort spending in
determining caseload reduction credit.
Sec. 303. Elimination of small checks scheme.
Sec. 304. Reporting of work outcomes.
Sec. 305. Effective date.
TITLE II--SNAP EXEMPTIONS
Sec. 311. Age-related exemption from work requirement to receive SNAP.
Sec. 312. Rule of construction for exemption adjustment.
TITLE III--COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE INDIVIDUALS
Sec. 321. Community engagement requirement for applicable individuals.
TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY
Sec. 331. Short title.
Sec. 332. Purpose.
Sec. 333. Congressional review of agency rulemaking.
Sec. 334. Budgetary effects of rules subject to section 802 of title 5,
United States Code.
Sec. 335. Government Accountability Office study of rules.
DIVISION D--H.R. 1, THE LOWER ENERGY COSTS ACT
TITLE I--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS,
INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING
Sec. 10001. Securing America's critical minerals supply.
Sec. 10002. Protecting American energy production.
Sec. 10003. Researching Efficient Federal Improvements for Necessary
Energy Refining.
Sec. 10004. Promoting cross-border energy infrastructure.
Sec. 10005. Sense of Congress expressing disapproval of the revocation
of the Presidential permit for the Keystone
XL pipeline.
Sec. 10006. Sense of Congress opposing restrictions on the export of
crude oil or other petroleum products.
Sec. 10007. Unlocking our domestic LNG potential.
Sec. 10008. Sense of Congress expressing disapproval of the denial of
Jordan Cove permits.
Sec. 10009. Promoting interagency coordination for review of natural
gas pipelines.
Sec. 10010. Interim hazardous waste permits for critical energy
resource facilities.
Sec. 10011. Flexible air permits for critical energy resource
facilities.
Sec. 10012. National security or energy security waivers to produce
critical energy resources.
Sec. 10013. Natural gas tax repeal.
Sec. 10014. Repeal of greenhouse gas reduction fund.
Sec. 10015. Ending future delays in chemical substance review for
critical energy resources.
Sec. 10016. Keeping America's refineries operating.
Sec. 10017. Homeowner energy freedom.
Sec. 10018. Study.
Sec. 10019. State primary enforcement responsibility.
Sec. 10020. Use of index-based pricing in acquisition of petroleum
products for the SPR.
Sec. 10021. Prohibition on certain exports.
Sec. 10022. Sense of Congress expressing disapproval of the proposed
tax hikes on the oil and natural gas
industry in the President's fiscal year
2024 budget request.
Sec. 10023. Domestic Energy Independence report.
Sec. 10024. GAO study.
Sec. 10025. Gas kitchen ranges and ovens.
TITLE II--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF
AMERICAN RESOURCES
Sec. 20001. Short title.
Subtitle A--Onshore and Offshore Leasing and Oversight
Sec. 20101. Onshore oil and gas leasing.
Sec. 20102. Lease reinstatement.
Sec. 20103. Protested lease sales.
Sec. 20104. Suspension of operations.
Sec. 20105. Administrative protest process reform.
Sec. 20106. Leasing and permitting transparency.
Sec. 20107. Offshore oil and gas leasing.
Sec. 20108. Five-year plan for offshore oil and gas leasing.
Sec. 20109. Geothermal leasing.
Sec. 20110. Leasing for certain qualified coal applications.
Sec. 20111. Future coal leasing.
Sec. 20112. Staff planning report.
Sec. 20113. Prohibition on Chinese communist party ownership interest.
Sec. 20114. Effect on other law.
Sec. 20115. Requirement for GAO report on wind energy impacts.
Sec. 20116. Sense of Congress on wind energy development supply chain.
Sec. 20117. Sense of Congress on oil and gas royalty rates.
Sec. 20118. Offshore wind environmental review process study.
Sec. 20119. GAO report on wind energy impacts.
Subtitle B--Permitting Streamlining
Sec. 20201. Definitions.
Sec. 20202. BUILDER Act.
Sec. 20203. Codification of National Environmental Policy Act
regulations.
Sec. 20204. Non-major Federal actions.
Sec. 20205. No net loss determination for existing rights-of-way.
Sec. 20206. Determination of National Environmental Policy Act
adequacy.
Sec. 20207. Determination regarding rights-of-way.
Sec. 20208. Terms of rights-of-way.
Sec. 20209. Funding to process permits and develop information
technology.
Sec. 20210. Offshore geological and geophysical survey licensing.
Sec. 20211. Deferral of applications for permits to drill.
Sec. 20212. Processing and terms of applications for permits to drill.
Sec. 20213. Amendments to the Energy Policy Act of 2005.
Sec. 20214. Access to Federal energy resources from non-Federal surface
estate.
Sec. 20215. Scope of environmental reviews for oil and gas leases.
Sec. 20216. Expediting approval of gathering lines.
Sec. 20217. Lease sale litigation.
Sec. 20218. Limitation on claims.
Sec. 20219. Government Accountability Office report on permits to
drill.
Sec. 20220. E-NEPA.
Sec. 20221. Limitations on claims.
Sec. 20222. One Federal decision for pipelines.
Sec. 20223. Exemption of certain wildfire mitigation activities from
certain environmental requirements.
Sec. 20224. Vegetation management, facility inspection, and operation
and maintenance relating to electric
transmission and distribution facility
rights of way.
Sec. 20225. Categorical exclusion for electric utility lines rights-of-
way.
Sec. 20226. Staffing plans.
Subtitle C--Permitting for Mining Needs
Sec. 20301. Definitions.
Sec. 20302. Minerals supply chain and reliability.
Sec. 20303. Federal register process improvement.
Sec. 20304. Designation of mining as a covered sector for Federal
permitting improvement purposes.
Sec. 20305. Treatment of actions under presidential determination 2022-
11 for Federal permitting improvement
purposes.
Sec. 20306. Notice for mineral exploration activities with limited
surface disturbance.
Sec. 20307. Use of mining claims for ancillary activities.
Sec. 20308. Ensuring consideration of uranium as a critical mineral.
Sec. 20309. Barring foreign bad actors from operating on Federal lands.
Sec. 20310. Permit process for projects relating to extraction,
recovery, or processing of critical
materials.
Sec. 20311. National strategy to re-shore mineral supply chains.
Subtitle D--Federal Land Use Planning
Sec. 20401. Federal land use planning and withdrawals.
Sec. 20402. Prohibitions on delay of mineral development of certain
Federal land.
Sec. 20403. Definitions.
Subtitle E--Ensuring Competitiveness on Federal Lands
Sec. 20501. Incentivizing domestic production.
Subtitle F--Energy Revenue Sharing
Sec. 20601. Gulf of Mexico Outer Continental Shelf revenue.
Sec. 20602. Parity in offshore wind revenue sharing.
Sec. 20603. Elimination of administrative fee under the Mineral Leasing
Act.
Sec. 20604. Sunset.
TITLE III--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT
Sec. 30001. Short title.
Sec. 30002. Certification.
Sec. 30003. Federal general permits.
DIVISION E--INCREASE IN DEBT LIMIT
Sec. 40001. Limited suspension of debt ceiling.
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--LIMIT FEDERAL SPENDING
TITLE I--DISCRETIONARY SPENDING LIMITS FOR DISCRETIONARY CATEGORY
SEC. 101. DISCRETIONARY SPENDING LIMITS.
(a) In General.--Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended--
(1) in paragraph (7)(B), by striking ``and'' at the end;
and
(2) by inserting after paragraph (8) the following:
``(9) for fiscal year 2024, for the discretionary category,
$1,470,979,000,000 in new budget authority;
``(10) for fiscal year 2025, for the discretionary
category, $1,485,689,000,000 in new budget authority;
``(11) for fiscal year 2026, for the discretionary
category, $1,500,546,000,000 in new budget authority;
``(12) for fiscal year 2027, for the discretionary
category, $1,515,551,000,000 in new budget authority;
``(13) for fiscal year 2028, for the discretionary
category, $1,530,707,000,000 in new budget authority;
``(14) for fiscal year 2029, for the discretionary
category, $1,546,014,000,000 in new budget authority;
``(15) for fiscal year 2030, for the discretionary
category, $1,561,474,000,000 in new budget authority;
``(16) for fiscal year 2031, for the discretionary
category, $1,577,089,000,000 in new budget authority;
``(17) for fiscal year 2032, for the discretionary
category, $1,592,859,000,000 in new budget authority; and
``(18) for fiscal year 2033, for the discretionary
category, $1,608,788,000,000 in new budget authority;''.
(b) Conforming Amendments to Adjustments.--
(1) Continuing disability reviews and rederminations.--
Section 251(b)(2)(B)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended--
(A) in subclause (IX), by striking ``and'' at the
end;
(B) in subclause (X), by striking the period and
inserting a semicolon; and
(C) by inserting after subclause (X) the following:
``(XI) for fiscal year 2024, $1,578,000,000
in additional new budget authority;
``(XII) for fiscal year 2025,
$1,630,000,000 in additional new budget
authority;
``(XIII) for fiscal year 2026,
$1,682,000,000 in additional new budget
authority;
``(XIV) for fiscal year 2027,
$1,734,000,000 in additional new budget
authority;
``(XV) for fiscal year 2028, $1,788,000,000
in additional new budget authority;
``(XVI) for fiscal year 2029,
$1,842,000,000 in additional new budget
authority;
``(XVII) for fiscal year 2030,
$1,898,000,000 in additional new budget
authority;
``(XVIII) for fiscal year 2031,
$1,955,000,000 in additional new budget
authority;
``(XIX) for fiscal year 2032,
$2,014,000,000 in additional new budget
authority; and
``(XX) for fiscal year 2033, $2,076,000,000
in additional new budget authority.''.
(2) Health care fraud and abuse control.--Section
251(b)(2)(C)(i) of such Act is amended--
(A) in subclause (IX), by striking ``and'' at the
end;
(B) in subclause (X), by striking the period and
inserting a semicolon; and
(C) by inserting after subclause (X) the following:
``(XI) for fiscal year 2024, $604,000,000
in additional new budget authority;
``(XII) for fiscal year 2025, $630,000,000
in additional new budget authority;
``(XIII) for fiscal year 2026, $658,000,000
in additional new budget authority;
``(XIV) for fiscal year 2027, $686,000,000
in additional new budget authority;
``(XV) for fiscal year 2028, $714,000,000
in additional new budget authority;
``(XVI) for fiscal year 2029, $743,000,000
in additional new budget authority;
``(XVII) for fiscal year 2030, $771,000,000
in additional new budget authority;
``(XVIII) for fiscal year 2031,
$798,000,000 in additional new budget
authority;
``(XIX) for fiscal year 2032, $826,000,000
in additional new budget authority; and
``(XX) for fiscal year 2033, $853,000,000
in additional new budget authority.''.
(3) Disaster funding.--Section 251(b)(2)(D)(i) of such Act
is amended by inserting after ``2021'' the following: ``and
fiscal years 2024 through 2033''.
(4) Reemployment services and eligibility assessments.--
Section 251(b)(2)(E)(i) of such Act is amended--
(A) in subclause (III), by striking ``and'' at the
end;
(B) in subclause (IV), by striking the period and
inserting a semicolon; and
(C) by inserting after subclause (IV) the
following:
``(V) for fiscal year 2024,
$265,000,000 in additional new budget
authority;
``(VI) for fiscal year 2025,
$271,000,000 in additional new budget
authority;
``(VII) for fiscal year 2026,
$276,000,000 in additional new budget
authority;
``(VIII) for fiscal year 2027,
$282,000,000 in additional new budget
authority;
``(IX) for fiscal year 2028,
$288,000,000 in additional new budget
authority;
``(X) for fiscal year 2029,
$293,000,000 in additional new budget
authority;
``(XI) for fiscal year 2030,
$299,000,000 in additional new budget
authority;
``(XII) for fiscal year 2031,
$305,000,000 in additional new budget
authority;
``(XIII) for fiscal year 2032,
$311,000,000 in additional new budget
authority; and
``(XIV) for fiscal year 2033,
$317,000,000 in additional new budget
authority.''.
(5) Wildfire suppression.--Section 251(b)(2)(F)(i) of such
Act is amended--
(A) by striking ``through 2027'' and inserting
``through 2033'';
(B) in subclause (VII), by striking ``and'' at the
end;
(C) in subclause (VIII), by striking the period and
inserting a semicolon; and
(D) by inserting after subclause (VIII) the
following:
``(IX) for fiscal year 2028,
$2,957,000,000 in additional new budget
authority;
``(X) for fiscal year 2029,
$3,036,000,000 in additional new budget
authority;
``(XI) for fiscal year 2030,
$3,118,000,000 in additional new budget
authority;
``(XII) for fiscal year 2031,
$3,202,000,000 in additional new budget
authority;
``(XIII) for fiscal year 2032,
$3,287,000,000 in additional new budget
authority; and
``(XIV) for fiscal year 2033,
$3,376,000,000 in additional new budget
authority.''.
(c) Conforming Amendments Relating to Sequestration Reports.--
Section 254 of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 904) is amended--
(1) in subsection (c)(2), by striking ``2021'' and
inserting ``2033''; and
(2) in subsection (f)(2)(A), by striking ``2021'' and
inserting ``2033''.
DIVISION B--SAVE TAXPAYER DOLLARS
TITLE I--RESCISSION OF UNOBLIGATED CORONAVIRUS FUNDS
SEC. 201. RESCISSION OF UNOBLIGATED CORONAVIRUS FUNDS.
The unobligated balances of amounts appropriated or otherwise made
available by the American Rescue Plan Act of 2021 (Public Law 117-2),
and by each of Public Laws 116-123, 116-127, 116-136, and 116-139 and
divisions M and N of Public Law 116-260, are hereby permanently
rescinded.
TITLE II--PROHIBIT UNFAIR STUDENT LOAN GIVEAWAYS
SEC. 211. NULLIFICATION OF CERTAIN EXECUTIVE ACTIONS AND RULES RELATING
TO FEDERAL STUDENT LOANS.
(a) In General.--The following shall have no force or effect:
(1) The waivers and modifications of statutory and
regulatory provisions relating to an extension of the
suspension of payments on certain loans and waivers of interest
on such loans under section 3513 of the CARES Act (20 U.S.C.
1001 note)--
(A) described by the Department of Education in the
Federal Register on October 12, 2022 (87 Fed. Reg.
61513 et seq.); and
(B) issued on or after the date of enactment of
this Act.
(2) The modifications of statutory and regulatory
provisions relating to debt discharge described by the
Department of Education in the Federal Register on October 12,
2022 (87 Fed. Reg. 61514).
(3) A final rule that is substantially similar to the
proposed rule on ``Improving Income-Driven Repayment for the
William D. Ford Federal Direct Loan Program'' published by the
Department of Education in the Federal Register on January 11,
2023 (88 Fed. Reg. 1894 et seq.).
(b) Prohibition.--The Secretary of Education may not implement any
executive action or rule specified in paragraph (1), (2), or (3) of
subsection (a) (or a substantially similar executive action or rule),
except as expressly authorized by an Act of Congress.
SEC. 212. LIMITATION ON AUTHORITY OF SECRETARY TO PROPOSE OR ISSUE
REGULATIONS AND EXECUTIVE ACTIONS.
Part G of title IV of the Higher Education Act of 1965 (20 U.S.C.
1088 et seq.) is amended by inserting after section 492 the following:
``SEC. 492A. LIMITATION ON AUTHORITY OF THE SECRETARY TO PROPOSE OR
ISSUE REGULATIONS AND EXECUTIVE ACTIONS.
``(a) Draft Regulations.--Beginning after the date of enactment of
this section, a draft regulation implementing this title (as described
in section 492(b)(1)) that is determined by the Secretary to be
economically significant shall be subject to the following requirements
(regardless of whether negotiated rulemaking occurs):
``(1) The Secretary shall determine whether the draft
regulation, if implemented, would result in an increase in a
subsidy cost resulting from a loan modification.
``(2) If the Secretary determines under paragraph (1) that
the draft regulation would result in an increase in a subsidy
cost resulting from a loan modification, then the Secretary may
take no further action with respect to such regulation.
``(b) Proposed or Final Regulations and Executive Actions.--
Notwithstanding any other provision of law, beginning after the date of
enactment of this section, the Secretary may not issue a proposed rule,
final regulation, or executive action implementing this title if the
Secretary determines that the rule, regulation, or executive action--
``(1) is economically significant; and
``(2) would result in an increase in a subsidy cost
resulting from a loan modification.
``(c) Relationship to Other Requirements.--The analyses required
under subsections (a) and (b) shall be in addition to any other cost
analysis required under law for a regulation implementing this title,
including any cost analysis that may be required pursuant to Executive
Order 12866 (58 Fed. Reg. 51735; relating to regulatory planning and
review), Executive Order 13563 (76 Fed. Reg. 3821; relating to
improving regulation and regulatory review), or any related or
successor orders.
``(d) Definition.--In this section, the term `economically
significant', when used with respect to a draft, proposed, or final
regulation or executive action, means that the regulation or executive
action is likely, as determined by the Secretary--
``(1) to have an annual effect on the economy of
$100,000,000 or more; or
``(2) adversely to affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or
tribal governments or communities.''.
TITLE III--REPEAL MARKET DISTORTING GREEN TAX CREDITS
SEC. 221. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Internal Revenue Code of
1986.
SEC. 222. MODIFICATION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN
RENEWABLE RESOURCES.
(a) In General.--The following provisions of section 45(d) are each
amended by striking ``January 1, 2025'' each place it appears and
inserting ``January 1, 2022'':
(1) Paragraph (2)(A).
(2) Paragraph (3)(A).
(3) Paragraph (6).
(4) Paragraph (7).
(5) Paragraph (9).
(6) Paragraph (11)(B).
(b) Base Credit Amount.--Section 45 is amended--
(1) in subsection (a)(1), by striking ``0.3 cents'' and
inserting ``1.5 cents'', and
(2) in subsection (b)(2), by striking ``0.3 cent'' each
place it appears and inserting ``1.5 cent''.
(c) Application to Geothermal and Solar.--Section 45(d)(4) is
amended by striking ``and the construction of which begins before
January 1, 2025'' and all that follows and inserting ``and which--
``(A) in the case of a facility using solar energy,
is placed in service before January 1, 2006, or
``(B) in the case of a facility using geothermal
energy, the construction of which begins before January
1, 2022.
Such term shall not include any property described in section
48(a)(3) the basis of which is taken into account by the
taxpayer for purposes of determining the energy credit under
section 48.''.
(d) Election To Treat Qualified Facilities as Energy Property.--
Section 48(a)(5)(C)(ii) is amended by striking ``January 1, 2025'' and
inserting ``January 1, 2022''.
(e) Wind Facilities.--
(1) In general.--Section 45(d)(1) is amended by striking
``January 1, 2025'' and inserting ``January 1, 2022''.
(2) Application of phaseout percentage.--
(A) Renewable electricity production credit.--
Section 45(b)(5) is amended by striking ``which is
placed in service before January 1, 2022''.
(B) Energy credit.--Section 48(a)(5)(E) is amended
by striking ``placed in service before January 1, 2022,
and''.
(3) Qualified offshore wind facilities under energy
credit.--Section 48(a)(5)(F)(i) is amended by striking
``offshore wind facility, subparagraph (E) shall not apply.''
and inserting ``offshore wind facility--
``(I) subparagraph (C)(ii) shall be
applied by substituting `January 1,
2026' for `January 1, 2022',
``(II) subparagraph (E) shall not
apply, and
``(III) for purposes of this
paragraph, section 45(d)(1) shall be
applied by substituting `January 1,
2026' for `January 1, 2022'.''.
(f) Wage and Apprenticeship Requirements.--Section 45(b) is amended
by striking paragraphs (6), (7), and (8).
(g) Domestic Content, Phaseout, and Energy Communities.--Section
45(b) is amended by striking paragraphs (9), (10), (11), and (12).
(h) Credit Reduced for Grants, Tax-Exempt Bonds, Subsidized Energy
Financing, and Other Credits.--Section 45(b)(3) is amended to read as
follows:
``(3) Credit reduced for grants, tax-exempt bonds,
subsidized energy financing, and other credits.--The amount of
the credit determined under subsection (a) with respect to any
project for any taxable year (determined after the application
of paragraphs (1) and (2)) shall be reduced by the amount which
is the product of the amount so determined for such year and
the lesser of \1/2\ or a fraction--
``(A) the numerator of which is the sum, for the
taxable year and all prior taxable years, of--
``(i) grants provided by the United States,
a State, or a political subdivision of a State
for use in connection with the project,
``(ii) proceeds of an issue of State or
local government obligations used to provide
financing for the project the interest on which
is exempt from tax under section 103,
``(iii) the aggregate amount of subsidized
energy financing provided (directly or
indirectly) under a Federal, State, or local
program provided in connection with the
project, and
``(iv) the amount of any other credit
allowable with respect to any property which is
part of the project, and
``(B) the denominator of which is the aggregate
amount of additions to the capital account for the
project for the taxable year and all prior taxable
years.
The amounts under the preceding sentence for any taxable year
shall be determined as of the close of the taxable year. This
paragraph shall not apply with respect to any facility
described in subsection (d)(2)(A)(ii).''.
(i) Rounding Adjustment.--
(1) In general.--Section 45(b)(2) is amended to read as
follows:
``(2) Credit and phaseout adjustment based on inflation.--
The 1.5 cent amount in subsection (a), the 8 cent amount in
paragraph (1), the $4.375 amount in subsection (e)(8)(A), the
$2 amount in subsection (e)(8)(D)(ii)(I), and in subsection
(e)(8)(B)(i) the reference price of fuel used as a feedstock
(within the meaning of subsection (c)(7)(A)) in 2002 shall each
be adjusted by multiplying such amount by the inflation
adjustment factor for the calendar year in which the sale
occurs. If any amount as increased under the preceding sentence
is not a multiple of 0.1 cent, such amount shall be rounded to
the nearest multiple of 0.1 cent.''.
(2) Conforming amendment.--Section 45(b)(4)(A) is amended
by striking ``last two sentences'' and inserting ``last
sentence''.
(j) Hydropower.--
(1) Credit rate reduction for qualified hydroelectric
production and marine and hydrokinetic renewable energy.--
Section 45(b)(4)(A) is amended by striking ``or (7)'' and
inserting ``(7), (9), or (11)''.
(2) Marine and hydrokinetic renewable energy.--Section 45
is amended--
(A) in subsection (c)(10)(A)--
(i) in clause (iii), by adding ``or'' at
the end,
(ii) in clause (iv), by striking ``, or''
and inserting a period, and
(iii) by striking clause (v), and
(B) in subsection (d)(11)(A), by striking ``25''
and inserting ``150''.
(k) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the amendments made by this section shall apply to
facilities placed in service after December 31, 2021.
(2) Credit reduced for grants, tax-exempt bonds, subsidized
energy financing, and other credits.--The amendment made by
subsection (h) shall apply to facilities the construction of
which begins after August 16, 2022.
(3) Domestic content, phaseout, energy communities.--The
amendments made by subsections (g) and (j) shall apply to
facilities placed in service after December 31, 2022.
SEC. 223. MODIFICATION OF ENERGY CREDIT.
(a) In General.--The following provisions of section 48 are each
amended by striking ``January 1, 2025''' each place it appears and
inserting ``January 1, 2024'':
(1) Subsection (a)(2)(A)(i)(II).
(2) Subsection (a)(3)(A)(ii).
(3) Subsection (c)(1)(E).
(4) Subsection (c)(2)(D).
(5) Subsection (c)(3)(A)(iv).
(6) Subsection (c)(4)(C).
(7) Subsection (c)(5)(D).
(b) Certain Energy Property.--Section 48(a)(3)(A)(vii) is amended
by striking ``January 1, 2035'' and inserting ``January 1, 2024''.
(c) Phaseout of Credit.--Section 48(a) is amended by striking
paragraphs (6) and (7) and inserting the following new paragraphs:
``(6) Phaseout for solar energy property.--
``(A) In general.--Subject to subparagraph (B), in
the case of any energy property described in paragraph
(3)(A)(i) the construction of which begins before
January 1, 2024, the energy percentage determined under
paragraph (2) shall be equal to--
``(i) in the case of any property the
construction of which begins after December 31,
2019, and before January 1, 2023, 26 percent,
and
``(ii) in the case of any property the
construction of which begins after December 31,
2022, and before January 1, 2024, 22 percent.
``(B) Placed in service deadline.--In the case of
any energy property described in paragraph (3)(A)(i)
the construction of which begins before January 1,
2024, and which is not placed in service before January
1, 2026, the energy percentage determined under
paragraph (2) shall be equal to 10 percent.
``(7) Phaseout for certain other energy property.--
``(A) In general.--Subject to subparagraph (B), in
the case of any qualified fuel cell property, qualified
small wind property, waste energy recovery property, or
energy property described in paragraph (3)(A)(ii), the
energy percentage determined under paragraph (2) shall
be equal to--
``(i) in the case of any property the
construction of which begins after December 31,
2019, and before January 1, 2023, 26 percent,
and
``(ii) in the case of any property the
construction of which begins after December 31,
2022, and before January 1, 2024, 22 percent.
``(B) Placed in service deadline.--In the case of
any energy property described in subparagraph (A) which
is not placed in service before January 1, 2026, the
energy percentage determined under paragraph (2) shall
be equal to 0 percent.''.
(d) Base Energy Percentage Amount.--Section 48(a) is amended--
(1) in paragraph (2)(A)--
(A) in clause (i), by striking ``6 percent'' and
inserting ``30 percent'', and
(B) in clause (ii), by striking ``2 percent'' and
inserting ``10 percent'', and
(2) in paragraph (5)(A)(ii), by striking ``6 percent'' and
inserting ``30 percent''.
(e) Credit for Geothermal.--Section 48(a)(2)(A)(i)(II) is amended
by striking ``clause (i) or (iii) of paragraph (3)(A)'' and inserting
``paragraph (3)(A)(i)''.
(f) Energy Storage Technologies, Qualified Biogas Property;
Microgrid Controllers Removed.--
(1) In general.--Section 48(a)(3)(A) is amended by
inserting ``or'' at the end of clause (vii) and by striking
clauses (ix), (x), and (xi).
(2) Conforming changes.--
(A) Section 48(a)(2)(A)(i) is amended by inserting
``and'' at the end of subclauses (IV) and (V) and by
striking subclauses (VI), (VII), (VIII), and (IX).
(B) Section 48(c) is amended by striking paragraphs
(6), (7), and (8).
(C) Section 45(e) is amended by striking paragraph
(12).
(D) Section 50(d)(2) is amended by striking ``At
the election of a taxpayer'' and all that follows
through ``equal to or less than 500 kilowatt hours.''
(g) Fuel Cells Using Electromechanical Processes.--
(1) In general.--Section 48(c)(1) is amended--
(A) in subparagraph (A)(i)--
(i) by striking ``or electromechanical'',
and
(ii) by striking ``(1 kilowatt in the case
of a fuel cell power plant with a linear
generator assembly)'', and
(B) in subparagraph (C)--
(i) by striking ``, or linear generator
assembly'', and
(ii) by striking ``or electromechanical''.
(2) Linear generator assembly limitation.--Section 48(c)(1)
is amended by striking subparagraph (D) and by redesignating
subparagraph (E) as subparagraph (D).
(h) Dynamic Glass.--Section 48(a)(3)(A)(ii) is amended by striking
``or electrochromic glass which uses electricity to change its light
transmittance properties in order to heat or cool a structure,''.
(i) Coordination Rule Removed.--Paragraph (3) of section 50(c) is
amended--
(1) by inserting ``and'' at the end of subparagraph (A),
(2) by striking ``, and'' at the end of subparagraph (B)
and inserting a period, and
(3) by striking subparagraph (C).
(j) Interconnection Property.--Section 48(a) is amended by striking
paragraph (8).
(k) Energy Projects, Wage Requirements, and Apprenticeship
Requirements.--Section 48(a) is amended by striking paragraphs (9),
(10), and (11).
(l) Domestic Content, Phaseout for Elective Payment.--Section 48(a)
is amended by striking paragraphs (12) and (13).
(m) Rule for Property Financed by Tax-Exempt Bonds Removed; Text of
Special Rule for Property Financed by Subsidized Energy Financing or
Industrial Development Bonds Restored.--Section 48(a)(4) is amended to
read as follows:
``(4) Special rule for property financed by subsidized
energy financing or industrial development bonds.--
``(A) Reduction of basis.--For purposes of applying
the energy percentage to any property, if such property
is financed in whole or in part by--
``(i) subsidized energy financing, or
``(ii) the proceeds of a private activity
bond (within the meaning of section 141) the
interest on which is exempt from tax under
section 103,
the amount taken into account as the basis of such
property shall not exceed the amount which (but for
this subparagraph) would be so taken into account
multiplied by the fraction determined under
subparagraph (B).
``(B) Determination of fraction.--For purposes of
subparagraph (A), the fraction determined under this
subparagraph is 1 reduced by a fraction--
``(i) the numerator of which is that
portion of the basis of the property which is
allocable to such financing or proceeds, and
``(ii) the denominator of which is the
basis of the property.
``(C) Subsidized energy financing.--For purposes of
subparagraph (A), the term `subsidized energy
financing' means financing provided under a Federal,
State, or local program a principal purpose of which is
to provide subsidized financing for projects designed
to conserve or produce energy.
``(D) Termination.--This paragraph shall not apply
to periods after December 31, 2008, under rules similar
to the rules of section 48(m) (as in effect on the day
before the date of the enactment of the Revenue
Reconciliation Act of 1990).''.
(n) Treatment of Contracts Involving Energy Storage.--Section
7701(e) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(i), by inserting ``or'' at
the end of subclause (II), by striking ``or'' at the
end of subclause (III) and inserting ``and'', and by
striking subclause (IV), and
(B) by striking subparagraph (F), and
(2) in paragraph (4), by striking ``water treatment works
facility, or storage facility'' and inserting ``or water
treatment works facility''.
(o) Removal of Increased Credit Rate for Energy Communities.--
Section 48(a) is amended by striking paragraph (14).
(p) Regulations.--Section 48(a) is amended by striking paragraph
(15).
(q) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the amendments made by this section shall apply to
property placed in service after December 31, 2021.
(2) Other property.--The amendments made by subsections
(f), (g), (h), (i), (j), (l), (n), and (o) shall apply to
property placed in service after December 31, 2022.
(3) Removal of rule for property financed by tax exempt
bonds.--The amendment made by subsection (m) shall apply to
property the construction of which begins after August 16,
2022.
SEC. 224. REPEAL OF INCREASE IN ENERGY CREDIT FOR SOLAR AND WIND
FACILITIES PLACED IN SERVICE IN CONNECTION WITH LOW-
INCOME COMMUNITIES.
(a) In General.--Section 48 is amended by striking subsection (e).
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2023.
SEC. 225. MODIFICATION OF CREDIT FOR CARBON OXIDE SEQUESTRATION.
(a) Carbon Oxide Capture Requirements.--
(1) In general.--Section 45Q(d) is amended to read as
follows:
``(d) Qualified Facility.--For purposes of this section, the term
`qualified facility' means any industrial facility or direct air
capture facility--
``(1) the construction of which begins before January 1,
2026, and--
``(A) construction of carbon capture equipment
begins before such date, or
``(B) the original planning and design for such
facility includes installation of carbon capture
equipment, and
``(2) which captures--
``(A) in the case of a facility which emits not
more than 500,000 metric tons of carbon oxide into the
atmosphere during the taxable year, not less than
25,000 metric tons of qualified carbon oxide during the
taxable year which is utilized in a manner described in
subsection (f)(5),
``(B) in the case of an electricity generating
facility which is not described in subparagraph (A),
not less than 500,000 metric tons of qualified carbon
oxide during the taxable year, or
``(C) in the case of a direct air capture facility
or any facility not described in subparagraph (A) or
(B), not less than 100,000 metric tons of qualified
carbon oxide during the taxable year.''.
(2) Definitions removed.--
(A) In general.--Section 45Q(e) is amended by
striking paragraphs (1) and (2) and redesignating
paragraphs (3) through (5) as paragraphs (1) through
(3), respectively.
(B) Conforming amendment.--Section 142(o)(1)(B) is
amended by striking ``section 45Q(e)(3)'' and inserting
``section 45Q(e)(1)''.
(b) Modified Applicable Dollar Amount.--Section 45Q(b)(1) is
amended to read as follows:
``(1) Applicable dollar amount.--
``(B) In general.--The applicable dollar amount
shall be an amount equal to--
``(i) for any taxable year beginning in a
calendar year after 2016 and before 2027--
``(I) for purposes of paragraph (3)
of subsection (a), the dollar amount
established by linear interpolation
between $22.66 and $50 for each
calendar year during such period, and
``(II) for purposes of paragraph
(4) of such subsection, the dollar
amount established by linear
interpolation between $12.83 and $35
for each calendar year during such
period, and
``(ii) for any taxable year beginning in a
calendar year after 2026--
``(I) for purposes of paragraph (3)
of subsection (a), an amount equal to
the product of $50 and the inflation
adjustment factor for such calendar
year determined under section
43(b)(3)(B) for such calendar year,
determined by substituting `2025' for
`1990', and
``(II) for purposes of paragraph
(4) of such subsection, an amount equal
to the product of $35 and the inflation
adjustment factor for such calendar
year determined under section
43(b)(3)(B) for such calendar year,
determined by substituting `2025' for
`1990'.
``(C) Rounding.--The applicable dollar amount
determined under subparagraph (A) shall be rounded to
the nearest cent.''.
(c) Wage and Apprenticeship Requirements.--Section 45Q is amended
by striking subsection (h) and by redesignating subsection (i) as
subsection (h).
(d) Credit Reduced for Tax-Exempt Bonds.--Section 45Q(f) is amended
by striking paragraph (8).
(e) Application of Section for Certain Carbon Capture Equipment.--
Section 45Q(g) is amended by striking ``the earlier of January 1, 2023,
and''.
(f) Election.--Section 45Q(f) is amended by striking paragraph (9).
(g) No Regulations for Baseline Carbon Oxide Production.--
Subsection (h) of section 45Q, as redesignated by subsection (c), is
amended--
(1) in paragraph (1), by adding ``and'' at the end,
(2) in paragraph (2), by striking ``, and'' and inserting a
period, and
(3) by striking paragraph (3).
(h) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2), (3),
and (4), the amendments made by this section shall apply to
facilities or equipment placed in service after December 31,
2022.
(2) Carbon oxide capture requirements.--The amendments made
by subsection (a) shall apply to facilities or equipment the
construction of which begins after August 16, 2022.
(3) Application of section for certain carbon capture
equipment.--The amendments made by subsection (e) shall take
effect on August 16, 2022.
(4) Election.--The amendment made by subsection (f) shall
apply to carbon oxide captured and disposed of after December
31, 2021.
SEC. 226. ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT REPEALED.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by striking section 45U (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendments.--Section 38(b) is amended--
(1) in paragraph (32), by adding ``plus'' at the end,
(2) in paragraph (33), by striking the comma at the end and
inserting a period, and
(3) by striking paragraph (34).
(c) Effective Date.--The amendments made by this section shall
apply to electricity produced and sold after December 31, 2023, in
taxable years beginning after such date.
SEC. 227. INCENTIVES FOR BIODIESEL, RENEWABLE DIESEL, AND ALTERNATIVE
FUELS.
(a) Biodiesel and Renewable Diesel Credit.--Section 40A(g) is
amended by striking ``December 31, 2024'' and inserting ``December 31,
2022''.
(b) Biodiesel Mixture Credit.--
(1) In general.--Section 6426(c)(6) is amended by striking
``December 31, 2024'' and inserting ``December 31, 2022''.
(2) Fuels not used for taxable purposes.--Section
6427(e)(6)(B) is amended by striking ``December 31, 2024'' and
inserting ``December 31, 2022''.
(c) Alternative Fuel Credit.--Section 6426(d)(5) is amended by
striking ``December 31, 2024'' and inserting ``December 31, 2021''.
(d) Alternative Fuel Mixture Credit.--Section 6426(e)(3) is amended
by striking ``December 31, 2024'' and inserting ``December 31, 2021''.
(e) Payments for Alternative Fuels.--Section 6427(e)(6)(C) is
amended by striking ``December 31, 2024'' and inserting ``December 31,
2021''.
(f) Repeal of Special Rule.--Subsection (g) of section 13201 of
Public Law 117-169 is repealed.
(g) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2021.
SEC. 228. SECOND GENERATION BIOFUEL INCENTIVES.
(a) In General.--Section 40(b)(6)(j)(i) is amended by striking
``2025'' and inserting ``2022''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to qualified second generation biofuel production after December
31, 2021.
SEC. 229. REPEAL OF SUSTAINABLE AVIATION FUEL CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by striking section 40B (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendment.--Section 38(b) is amended by striking
paragraph (35).
(c) Coordination With Biodiesel Removed.--
(1) In general.--Section 40A(d)(1) is amended by striking
``or 40B''.
(2) Conforming amendment.--Section 40A(f) is amended by
adding at the end the following:
``(4) Certain aviation fuel.--
``(A) In general.--Except as provided in the last 3
sentences of paragraph (3), the term `renewable diesel'
shall include fuel derived from biomass which meets the
requirements of a Department of Defense specification
for military jet fuel or an American Society of Testing
and Materials specification for aviation turbine fuel.
``(B) Application of mixture credits.--In the case
of fuel which is treated as renewable diesel solely by
reason of subparagraph (A), subsection (b)(1) and
section 6426(c) shall be applied with respect to such
fuel by treating kerosene as though it were diesel
fuel.''.
(3) Sustainable aviation fuel credit provisions removed.--
Section 6426 is amended by striking subsection (k).
(d) Conforming Amendments.--
(1) Section 6426 is amended--
(A) in subsection (a)(1), by striking ``(e), and
(k)'' and inserting ``and (e)'', and
(B) in subsection (h), by striking ``under section
40, 40A, or 40B'' and inserting ``under section 40 or
40A''.
(2) Section 6427(e) is amended--
(A) in the heading, by striking ``Alternative Fuel,
or Sustainable Aviation Fuel'' and inserting ``or
Alternative Fuel'',
(B) in paragraph (1), by striking ``or the
sustainable aviation fuel mixture credit'', and
(C) in paragraph (6)--
(i) in subparagraph (C), by adding ``and''
at the end,
(ii) in subparagraph (D), by striking ``,
and'' and inserting a period, and
(iii) by striking subparagraph (E).
(3) Section 4101(a)(1) is amended by striking ``every
person producing or importing sustainable aviation fuel (as
defined in section 40B),''.
(4) Section 87 is amended--
(A) in paragraph (1), by adding ``and'' at the end,
(B) in paragraph (2), by striking ``, and'' and
inserting a period, and
(C) by striking paragraph (3).
(e) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2022.
SEC. 230. CLEAN HYDROGEN REPEALS.
(a) Credit for Production of Clean Hydrogen Repealed.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 is amended by striking section 45V (and by striking
the item relating to such section in the table of sections for
such subpart).
(2) Conforming amendment.--Section 38(b) is amended by
striking paragraph (36).
(3) Effective date.--The amendments made by this section
shall apply to hydrogen produced after December 31, 2022.
(b) Credit for Electricity Produced From Renewable Resources
Allowed if Electricity Is Used To Produce Clean Hydrogen.--
(1) In general.--Section 45(e) is amended by striking
paragraph (13).
(2) Effective date.--The amendments made by this subsection
shall apply to electricity produced after December 31, 2022.
(c) Election To Treat Clean Hydrogen Production Facilities as
Energy Property.--
(1) In general.--Section 48(a) is amended by striking
paragraph (15) and by redesignating paragraph (16) as paragraph
(15).
(2) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2022.
(d) Reinstatement of Alternative Fuel Credit for Liquefied
Hydrogen.--
(1) In general.--Section 6426(d)(2) is amended by
redesignating subparagraphs (D), (E), and (F) as subparagraphs
(E), (F), and (G), respectively, and by inserting after
subparagraph (C) the following:
``(D) liquefied hydrogen,''.
(2) Conforming amendment.--Section 6426(e)(2) is amended by
striking ``(E)'' and inserting ``(F)''.
(3) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2022.
SEC. 231. NONBUSINESS ENERGY PROPERTY CREDIT.
(a) In General.--Section 25C is amended to read as follows:
``SEC. 25C. NONBUSINESS ENERGY PROPERTY.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the sum of--
``(1) 10 percent of the amount paid or incurred by the
taxpayer for qualified energy efficiency improvements installed
during such taxable year, and
``(2) the amount of the residential energy property
expenditures paid or incurred by the taxpayer during such
taxable year.
``(b) Limitations.--
``(1) Lifetime limitation.--The credit allowed under this
section with respect to any taxpayer for any taxable year shall
not exceed the excess (if any) of $500 over the aggregate
credits allowed under this section with respect to such
taxpayer for all prior taxable years ending after December 31,
2005.
``(2) Windows.--In the case of amounts paid or incurred for
components described in subsection (c)(3)(B) by any taxpayer
for any taxable year, the credit allowed under this section
with respect to such amounts for such year shall not exceed the
excess (if any) of $200 over the aggregate credits allowed
under this section with respect to such amounts for all prior
taxable years ending after December 31, 2005.
``(3) Limitation on residential energy property
expenditures.--The amount of the credit allowed under this
section by reason of subsection (a)(2) shall not exceed--
``(A) $50 for any advanced main air circulating
fan,
``(B) $150 for any qualified natural gas, propane,
or oil furnace or hot water boiler, and
``(C) $300 for any item of energy-efficient
building property.
``(c) Qualified Energy Efficiency Improvements.--For purposes of
this section--
``(1) In general.--The term `qualified energy efficiency
improvements' means any energy efficient building envelope
component, if--
``(A) such component is installed in or on a
dwelling unit located in the United States and owned
and used by the taxpayer as the taxpayer's principal
residence (within the meaning of section 121),
``(B) the original use of such component commences
with the taxpayer, and
``(C) such component reasonably can be expected to
remain in use for at least 5 years.
``(2) Energy efficient building envelope component.--The
term `energy efficient building envelope component' means a
building envelope component which meets--
``(A) applicable Energy Star program requirements,
in the case of a roof or roof products,
``(B) version 6.0 Energy Star program requirements,
in the case of an exterior window, a skylight, or an
exterior door, and
``(C) the prescriptive criteria for such component
established by the 2009 International Energy
Conservation Code, as such Code (including supplements)
is in effect on the date of the enactment of the
American Recovery and Reinvestment Tax Act of 2009, in
the case of any other component.
``(3) Building envelope component.--The term `building
envelope component' means--
``(A) any insulation material or system which is
specifically and primarily designed to reduce the heat
loss or gain of a dwelling unit when installed in or on
such dwelling unit,
``(B) exterior windows (including skylights),
``(C) exterior doors, and
``(D) any metal roof or asphalt roof installed on a
dwelling unit, but only if such roof has appropriate
pigmented coatings or cooling granules which are
specifically and primarily designed to reduce the heat
gain of such dwelling unit.
``(4) Manufactured homes included.--The term `dwelling
unit' includes a manufactured home which conforms to Federal
Manufactured Home Construction and Safety Standards (part 3280
of title 24, Code of Federal Regulations).
``(d) Residential Energy Property Expenditures.--For purposes of
this section--
``(1) In general.--The term `residential energy property
expenditures' means expenditures made by the taxpayer for
qualified energy property which is--
``(A) installed on or in connection with a dwelling
unit located in the United States and owned and used by
the taxpayer as the taxpayer's principal residence
(within the meaning of section 121), and
``(B) originally placed in service by the taxpayer.
Such term includes expenditures for labor costs properly
allocable to the onsite preparation, assembly, or original
installation of the property.
``(2) Qualified energy property.--
``(A) In general.--The term `qualified energy
property' means--
``(i) energy-efficient building property,
``(ii) a qualified natural gas, propane, or
oil furnace or hot water boiler, or
``(iii) an advanced main air circulating
fan.
``(B) Performance and quality standards.--Property
described under subparagraph (A) shall meet the
performance and quality standards, and the
certification requirements (if any), which--
``(i) have been prescribed by the Secretary
by regulations (after consultation with the
Secretary of Energy or the Administrator of the
Environmental Protection Agency, as
appropriate), and
``(ii) are in effect at the time of the
acquisition of the property, or at the time of
the completion of the construction,
reconstruction, or erection of the property, as
the case may be.
``(C) Requirements and standards for air
conditioners and heat pumps.--The standards and
requirements prescribed by the Secretary under
subparagraph (B) with respect to the energy efficiency
ratio (EER) for central air conditioners and electric
heat pumps--
``(i) shall require measurements to be
based on published data which is tested by
manufacturers at 95 degrees Fahrenheit, and
``(ii) may be based on the certified data
of the Air Conditioning and Refrigeration
Institute that are prepared in partnership with
the Consortium for Energy Efficiency.
``(3) Energy-efficient building property.--The term
`energy-efficient building property' means--
``(A) an electric heat pump water heater which
yields a Uniform Energy Factor of at least 2.2 in the
standard Department of Energy test procedure,
``(B) an electric heat pump which achieves the
highest efficiency tier established by the Consortium
for Energy Efficiency, as in effect on January 1, 2009,
``(C) a central air conditioner which achieves the
highest efficiency tier established by the Consortium
for Energy Efficiency, as in effect on January 1, 2009,
and
``(D) a natural gas, propane, or oil water heater
which has either a Uniform Energy Factor of at least
0.82 or a thermal efficiency of at least 90 percent.
``(4) Qualified natural gas, propane, or oil furnace or hot
water boiler.--The term `qualified natural gas, propane, or oil
furnace or hot water boiler' means a natural gas, propane, or
oil furnace or hot water boiler which achieves an annual fuel
utilization efficiency rate of not less than 95.
``(5) Advanced main air circulating fan.--The term
`advanced main air circulating fan' means a fan used in a
natural gas, propane, or oil furnace and which has an annual
electricity use of no more than 2 percent of the total annual
energy use of the furnace (as determined in the standard
Department of Energy test procedures).
``(e) Special Rules.--For purposes of this section--
``(1) Application of rules.--Rules similar to the rules
under paragraphs (4), (5), (6), (7), and (8) of section 25D(e)
shall apply.
``(2) Joint ownership of energy items.--
``(A) In general.--Any expenditure otherwise
qualifying as an expenditure under this section shall
not be treated as failing to so qualify merely because
such expenditure was made with respect to two or more
dwelling units.
``(B) Limits applied separately.--In the case of
any expenditure described in subparagraph (A), the
amount of the credit allowable under subsection (a)
shall (subject to paragraph (1)) be computed separately
with respect to the amount of the expenditure made for
each dwelling unit.
``(3) Property financed by subsidized energy financing.--
For purposes of determining the amount of expenditures made by
any individual with respect to any property, there shall not be
taken into account expenditures which are made from subsidized
energy financing (as defined in section 48(a)(4)(C)).
``(f) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property, the increase in the basis of such property which would
(but for this subsection) result from such expenditure shall be reduced
by the amount of the credit so allowed.
``(g) Termination.--This section shall not apply with respect to
any property placed in service--
``(1) after December 31, 2007, and before January 1, 2009,
or
``(2) after December 31, 2021.''.
(b) Conforming Amendments.--
(1) Section 1016(a)(33) is amended by striking ``section
25C(g)'' and inserting ``25C(f)''.
(2) Section 6213(g)(2) is amended--
(A) by adding ``and'' at the end of subparagraph
(P),
(B) by striking the comma at the end of
subparagraph (Q) and inserting a period, and
(C) by striking subparagraphs (R) and (S).
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2021.
SEC. 232. RESIDENTIAL CLEAN ENERGY CREDIT REVERTED TO CREDIT FOR
RESIDENTIAL ENERGY EFFICIENT PROPERTY.
(a) Extension Reversed.--
(1) In general.--Section 25D(h) is amended by striking
``December 31, 2034'' and inserting ``December 31, 2023''.
(2) Phaseout restored.--Section 25D(g) is amended--
(A) in paragraph (1), by adding ``and'' at the end,
(B) in paragraph (2), by striking ``before January
1, 2022, 26 percent,'' and inserting ``before January
1, 2023, 26 percent, and'',
(C) in paragraph (3), by striking ``December 31,
2021, and before January 1, 2033, 30 percent,'' and
inserting ``December 31, 2022, and before January 1,
2024, 22 percent.'', and
(D) by striking paragraphs (4) and (5).
(b) Residential Clean Energy Credit for Battery Storage Technology
Removed; Biomass Expenditure Provisions Restored.--
(1) In general.--Paragraph (6) of section 25D(a) is amended
to read as follows:
``(6) the qualified biomass fuel property expenditures,'',
(2) Definition of qualified biomass fuel property
expenditures restored.--Paragraph (6) of section 25D(d) is
amended to read as follows:
``(6) Qualified biomass fuel property expenditure.--
``(A) In general.--The term `qualified biomass fuel
property expenditure' means an expenditure for
property--
``(i) which uses the burning of biomass
fuel to heat a dwelling unit located in the
United States and used as a residence by the
taxpayer, or to heat water for use in such a
dwelling unit, and
``(ii) which has a thermal efficiency
rating of at least 75 percent (measured by the
higher heating value of the fuel).
``(B) Biomass fuel.--For purposes of this section,
the term `biomass fuel' means any plant-derived fuel
available on a renewable or recurring basis.''.
(c) Conforming Amendments.--
(1) Section 25D(d)(3) is amended by striking ``, without
regard to subparagraph (D) thereof''.
(2) The heading for section 25D is amended by striking
``clean energy credit'' and inserting ``energy efficient
property''.
(3) The table of sections for subpart A of part IV of
subchapter A of chapter 1 is amended by striking the item
relating to section 25D and inserting the following:
``Sec. 25D. Residential energy efficient property.''
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to expenditures
made after December 31, 2021.
(2) Residential clean energy credit for battery storage
technology removed; biomass expenditure provisions restored.--
The amendments made by subsection (b) shall apply to
expenditures made after December 31, 2022.
SEC. 233. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
(a) In General.--
(1) Maximum amount of deduction rules restored.--Section
179D(b) is amended to read as follows:
``(b) Maximum Amount of Deduction.--The deduction under subsection
(a) with respect to any building for any taxable year shall not exceed
the excess (if any) of--
``(1) the product of--
``(A) $1.80, and
``(B) the square footage of the building, over
``(2) the aggregate amount of the deductions under
subsection (a) with respect to the building for all prior
taxable years.''.
(2) Modification of efficiency standard.--Section
179D(c)(1)(D) is amended by striking ``25 percent'' and
inserting ``50 percent''.
(3) Reference standard.--Section 179D(c)(2) is amended to
read as follows:
``(2) Reference standard 90.1.--The term `Reference
Standard 90.1' means, with respect to any property, the most
recent Standard 90.1 published by the American Society of
Heating, Refrigerating, and Air Conditioning Engineers and the
Illuminating Engineering Society of North America which has
been affirmed by the Secretary, after consultation with the
Secretary of Energy, for purposes of this section not later
than the date that is 2 years before the date that construction
of such property begins.''.
(4) Partial allowance.--
(A) In general.--Section 179D(d) is amended--
(i) by redesignating paragraphs (1) through
(5) as paragraphs (2) through (6),
respectively, and
(ii) by inserting before paragraph (2) the
following:
``(1) Partial allowance.--
``(A) In general.--Except as provided in subsection
(f), if--
``(i) the requirement of subsection
(c)(1)(D) is not met, but
``(ii) there is a certification in
accordance with paragraph (6) that any system
referred to in subsection (c)(1)(C) satisfies
the energy-savings targets established by the
Secretary under subparagraph (B) with respect
to such system,
then the requirement of subsection (c)(1)(D) shall be
treated as met with respect to such system, and the
deduction under subsection (a) shall be allowed with
respect to energy efficient commercial building
property installed as part of such system and as part
of a plan to meet such targets, except that subsection
(b) shall be applied to such property by substituting
`$.60' for `$1.80'.
``(B) Regulations.--The Secretary, after
consultation with the Secretary of Energy, shall
establish a target for each system described in
subsection (c)(1)(C) such that, if such targets were
met for all such systems, the building would meet the
requirements of subsection (c)(1)(D).''.
(B) Conforming amendments.--
(i) Section 179D(c)(1)(D) is amended--
(I) by striking ``subsection
(d)(5)'' and inserting ``subsection
(d)(6)'', and
(II) by striking ``subsection
(d)(1)'' and inserting ``subsection
(d)(2)''.
(ii) Paragraph (3)(A) of section 179D(d),
as redesignated by subparagraph (A), is amended
by striking ``paragraph (1)'' and inserting
``paragraph (2)''.
(iii) Paragraph (5) of section 179D(d), as
redesignated by subparagraph (A), is amended by
striking ``paragraph (2)(B)(iii)'' and
inserting ``paragraph (3)(B)(iii)''.
(iv) Section 179D(h)(2) is amended by
inserting ``or (d)(1)(A)'' after ``subsection
(c)(1)(D)''.
(5) Allocation of deduction for public property.--Paragraph
(4) of section 179D(d), as redesignated by paragraph (4)(A), is
amended to read as follows:
``(4) Allocation of deduction for public property.--In the
case of energy efficient commercial building property installed
on or in property owned by a Federal, State, or local
government or a political subdivision thereof, the Secretary
shall promulgate a regulation to allow the allocation of the
deduction to the person primarily responsible for designing the
property in lieu of the owner of such property. Such person
shall be treated as the taxpayer for purposes of this
section.''.
(6) Alternative deduction for energy efficient building
retrofit property repealed.--
(A) In general.--Section 179D is amended by
striking subsection (f).
(B) Restoration of text relating to interim rules
for lighting systems.--Section 179D is amended by
inserting after subsection (e) the following:
``(f) Interim Rules for Lighting Systems.--Until such time as the
Secretary issues final regulations under subsection (d)(1)(B) with
respect to property which is part of a lighting system--
``(1) In general.--The lighting system target under
subsection (d)(1)(A)(ii) shall be a reduction in lighting power
density of 25 percent (50 percent in the case of a warehouse)
of the minimum requirements in Table 9.5.1 or Table 9.6.1 (not
including additional interior lighting power allowances) of
Standard 90.1-2007.
``(2) Reduction in deduction if reduction less than 40
percent.--
``(A) In general.--If, with respect to the lighting
system of any building other than a warehouse, the
reduction in lighting power density of the lighting
system is not at least 40 percent, only the applicable
percentage of the amount of deduction otherwise
allowable under this section with respect to such
property shall be allowed.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage is the
number of percentage points (not greater than 100)
equal to the sum of--
``(i) 50, and
``(ii) the amount which bears the same
ratio to 50 as the excess of the reduction of
lighting power density of the lighting system
over 25 percentage points bears to 15.
``(C) Exceptions.--This subsection shall not apply
to any system--
``(i) the controls and circuiting of which
do not comply fully with the mandatory and
prescriptive requirements of Standard 90.1-2007
and which do not include provision for bilevel
switching in all occupancies except hotel and
motel guest rooms, store rooms, restrooms, and
public lobbies, or
``(ii) which does not meet the minimum
requirements for calculated lighting levels as
set forth in the Illuminating Engineering
Society of North America Lighting Handbook,
Performance and Application, Ninth Edition,
2000.''.
(7) Inflation adjustment.--Section 179D(g) is amended--
(A) by inserting ``or subsection (d)(1)(A)'' after
``subsection (b)'',
(B) by striking ``2022'' and inserting ``2020'',
and
(C) by striking ``calendar year 2021'' and
inserting ``calendar year 2019''.
(b) Special Rule for Real Estate Investment Trusts Removed.--
Section 312(k)(3)(B) is amended to read as follows:
``(B) Treatment of amounts deductible under section
179, 179b, 179c, 179d, or 179e.--For purposes of
computing the earnings and profits of a corporation,
any amount deductible under section 179, 179B, 179C,
179D, or 179E shall be allowed as a deduction ratably
over the period of 5 taxable years (beginning with the
taxable year for which such amount is deductible under
section 179, 179B, 179C, 179D, or 179E, as the case may
be).''.
(c) Conforming Amendment.--Paragraph (2) of section 179D(d), as
redesignated by subsection (a)(4)(A), is amended by striking ``not
later than the date that is 4 years before the date such property is
placed in service'' and inserting ``not later than the date that is 2
years before the date that construction of such property begins''.
(d) Effective Dates.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 234. MODIFICATIONS TO NEW ENERGY EFFICIENT HOME CREDIT.
(a) Extension Reversed.--Section 45L(h) is amended by striking
``December 31, 2032'' and inserting ``December 31, 2021''.
(b) Decrease in Credit Amounts.--Paragraph (2) of section 45L(a) is
amended to read as follows:
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount is an amount equal to--
``(A) in the case of a dwelling unit described in
paragraph (1) or (2) of subsection (c), $2,000, and
``(B) in the case of a dwelling unit described in
paragraph (3) of subsection (c), $1,000.''.
(c) Reversal of Modification of Energy Saving Requirements.--
Section 45L(c) is amended to read as follows:
``(c) Energy Saving Requirements.--A dwelling unit meets the energy
saving requirements of this subsection if such unit is--
``(1) certified--
``(A) to have a level of annual heating and cooling
energy consumption which is at least 50 percent below
the annual level of heating and cooling energy
consumption of a comparable dwelling unit--
``(i) which is constructed in accordance
with the standards of chapter 4 of the 2006
International Energy Conservation Code, as such
Code (including supplements) is in effect on
January 1, 2006, and
``(ii) for which the heating and cooling
equipment efficiencies correspond to the
minimum allowed under the regulations
established by the Department of Energy
pursuant to the National Appliance Energy
Conservation Act of 1987 and in effect at the
time of completion of construction, and
``(B) to have building envelope component
improvements account for at least \1/5\ of such 50
percent,
``(2) a manufactured home which conforms to Federal
Manufactured Home Construction and Safety Standards (part 3280
of title 24, Code of Federal Regulations) and which meets the
requirements of paragraph (1), or
``(3) a manufactured home which conforms to Federal
Manufactured Home Construction and Safety Standards (part 3280
of title 24, Code of Federal Regulations) and which--
``(A) meets the requirements of paragraph (1)
applied by substituting `30 percent' for `50 percent'
both places it appears therein and by substituting `\1/
3\' for `\1/5\' in subparagraph (B) thereof, or
``(B) meets the requirements established by the
Administrator of the Environmental Protection Agency
under the Energy Star Labeled Homes program.''.
(d) Prevailing Wage Requirement Removed.--Section 45L is amended by
striking subsection (g) and redesignating subsection (h) as subsection
(g).
(e) Basis Adjustment.--Section 45L(e) is amended by striking ``This
subsection shall not apply for purposes of determining the adjusted
basis of any building under section 42''.
(f) Effective Dates.--The amendments made by this section shall
apply to dwelling units acquired after December 31, 2021.
SEC. 235. CLEAN VEHICLE CREDIT.
(a) Per Vehicle Dollar Limitation.--Section 30D(b) is amended by
striking paragraphs (2) and (3) and inserting the following:
``(2) Base amount.--The amount determined under this
paragraph is $2,500.
``(3) Battery capacity.--In the case of a vehicle which
draws propulsion energy from a battery with not less than 5
kilowatt hours of capacity, the amount determined under this
paragraph is $417, plus $417 for each kilowatt hour of capacity
in excess of 5 kilowatt hours. The amount determined under this
paragraph shall not exceed $5,000.''.
(b) Final Assembly.--Section 30D(d) is amended--
(1) in paragraph (1)--
(A) in subparagraph (E), by adding ``and'' at the
end,
(B) in subparagraph (F)(ii), by striking the comma
at the end and inserting a period, and
(C) by striking subparagraph (G), and
(2) by striking paragraph (5).
(c) Definition.--
(1) In general.--Section 30D(d), as amended by subsection
(b), is amended--
(A) in the heading, by striking ``Clean'' and
inserting ``Qualified Plug-In Electric Drive Motor'',
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``clean'' and inserting
``qualified plug-in electric drive motor'',
(ii) in subparagraph (C), by striking
``qualified'' before ``manufacturer'',
(iii) in subparagraph (F)(i), by striking
``7'' and inserting ``4'', and
(iv) by striking subparagraph (H),
(C) in paragraph (3)--
(i) in the heading, by striking ``qualified
manufacturer'' and inserting ``Manufacturer'',
and
(ii) by striking ``The term `qualified
manufacturer' means'' and all that follows
through the period and inserting ``The term
`manufacturer' has the meaning given such term
in regulations prescribed by the Administrator
of the Environmental Protection Agency for
purposes of the administration of title II of
the Clean Air Act (42 U.S.C. 7521 et seq.).'',
and
(D) by striking paragraph (6).
(2) Conforming amendments.--Section 30D is amended--
(A) in subsection (a), by striking ``new clean
vehicle'' and inserting ``new qualified plug-in
electric drive motor vehicle'', and
(B) in subsection (b)(1), by striking ``new clean
vehicle'' and inserting ``new qualified plug-in
electric drive motor vehicle''.
(d) Critical Mineral Requirements Removed.--Section 30D is amended
by striking subsection (e).
(e) Limitation on Number of Vehicles Eligible for Credit
Restored.--
(1) In general.--Section 30D is amended by inserting after
subsection (d) the following:
``(e) Limitation on Number of New Qualified Plug-In Electric Drive
Motor Vehicles Eligible for Credit.--
``(1) In general.--In the case of a new qualified plug-in
electric drive motor vehicle sold during the phaseout period,
only the applicable percentage of the credit otherwise
allowable under subsection (a) shall be allowed.
``(2) Phaseout period.--For purposes of this subsection,
the phaseout period is the period beginning with the second
calendar quarter following the calendar quarter which includes
the first date on which the number of new qualified plug-in
electric drive motor vehicles manufactured by the manufacturer
of the vehicle referred to in paragraph (1) sold for use in the
United States after December 31, 2009, is at least 200,000.
``(3) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage is--
``(A) 50 percent for the first 2 calendar quarters
of the phaseout period,
``(B) 25 percent for the 3rd and 4th calendar
quarters of the phaseout period, and (C)
``(C) 0 percent for each calendar quarter
thereafter.
``(4) Controlled groups.--Rules similar to the rules of
section 30B(f)(4) shall apply for purposes of this
subsection.''.
(2) Excluded entities.--Section 30D(d), as amended by
Public Law 117-169, is amended by striking paragraph (7).
(f) Special Rules Repealed.--Section 30D(f) is amended by striking
paragraphs (8), (9), (10), and (11).
(g) Transfer of Credit Repealed.--
(1) In general.--Section 30D is amended by striking
subsection (g).
(2) Restoration of text relating to plug-in electric
vehicles.--Section 30D is amended by inserting after subsection
(f) the following:
``(g) Credit Allowed for 2- and 3-wheeled Plug-In Electric
Vehicles.--
``(1) In general.--In the case of a qualified 2- or 3-
wheeled plug-in electric vehicle--
``(A) there shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an
amount equal to the sum of the applicable amount with
respect to each such qualified 2- or 3-wheeled plug-in
electric vehicle placed in service by the taxpayer
during the taxable year, and
``(B) the amount of the credit allowed under
subparagraph (A) shall be treated as a credit allowed
under subsection (a).
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount is an amount equal to the lesser of--
``(A) 10 percent of the cost of the qualified 2- or
3-wheeled plug-in electric vehicle, or
``(B) $2,500.
``(3) Qualified 2- or 3-wheeled plug-in electric vehicle.--
The term `qualified 2- or 3-wheeled plug-in electric vehicle'
means any vehicle which--
``(A) has 2 or 3 wheels,
``(B) meets the requirements of subparagraphs (A),
(B), (C), (E), and (F) of subsection (d)(1) (determined
by substituting `2.5 kilowatt hours' for `4 kilowatt
hours' in subparagraph (F)(i)),
``(C) is manufactured primarily for use on public
streets, roads, and highways,
``(D) is capable of achieving a speed of 45 miles
per hour or greater, and
``(E) is acquired--
``(i) after December 31, 2011, and before
January 1, 2014, or
``(ii) in the case of a vehicle that has 2
wheels, after December 31, 2014, and before
January 1, 2022.''.
(3) Conforming amendments reversed.--Section 30D(f), as
amended by Public Law 117-169, is amended--
(A) by inserting after paragraph (2) the following:
``(3) Property Used by Tax-Exempt Entity.--In the case of a vehicle
the use of which is described in paragraph (3) or (4) of section 50(b)
and which is not subject to a lease, the person who sold such vehicle
to the person or entity using such vehicle shall be treated as the
taxpayer that placed such vehicle in service, but only if such person
clearly discloses to such person or entity in a document the amount of
any credit allowable under subsection (a) with respect to such vehicle
(determined without regard to subsection (c)). For purposes of
subsection (c), property to which this paragraph applies shall be
treated as of a character subject to an allowance for depreciation.'',
and
(B) in paragraph (8), by striking ``, including any
vehicle with respect to which the taxpayer elects the
application of subsection (g)''.
(h) Termination Repealed.--Section 30D is amended by striking
subsection (h).
(i) Additional Conforming Amendments.--
(1) The heading of section 30D is amended by striking
``clean vehicle credit'' and inserting ``new qualified plug-in
electric drive motor vehicles''.
(2) Section 30B is amended--
(A) in subsection (h)(8) by inserting ``, except
that no benefit shall be recaptured if such property
ceases to be eligible for such credit by reason of
conversion to a qualified plug-in electric drive motor
vehicle'', before the period at the end, and
(B) by inserting after subsection (h) the following
subsection:
``(i) Plug-In Conversion Credit.--
``(1) In general.--For purposes of subsection (a), the
plug-in conversion credit determined under this subsection with
respect to any motor vehicle which is converted to a qualified
plug-in electric drive motor vehicle is 10 percent of so much
of the cost of the converting such vehicle as does not exceed
$40,000.
``(2) Qualified plug-in electric drive motor vehicle.--For
purposes of this subsection, the term `qualified plug-in
electric drive motor vehicle' means any new qualified plug-in
electric drive motor vehicle (as defined in section 30D,
determined without regard to whether such vehicle is made by a
manufacturer or whether the original use of such vehicle
commences with the taxpayer).
``(3) Credit allowed in addition to other credits.--The
credit allowed under this subsection shall be allowed with
respect to a motor vehicle notwithstanding whether a credit has
been allowed with respect to such motor vehicle under this
section (other than this subsection) in any preceding taxable
year.
``(4) Termination.--This subsection shall not apply to
conversions made after December 31, 2011.''.
(3) Section 38(b)(30) is amended by striking ``clean'' and
inserting ``qualified plug-in electric drive motor''.
(4) Section 6213(g)(2) is amended by striking subparagraph
(T).
(5) Section 6501(m) is amended by striking ``30D(f)(6)''
and inserting ``30D(e)(4)''.
(6) The table of sections for subpart B of part IV of
subchapter A of chapter 1 is amended by striking the item
relating to section 30D and inserting after the item relating
to section 30C the following item:
``Sec. 30D. New qualified plug-in electric drive motor vehicles.''.
(j) Gross up Repealed.--Section 13401 of Public Law 117-169 is
amended by striking subsection (j).
(k) Transition Rule Repealed.--Section 13401 of Public Law 117-169
is amended by striking subsection (l).
(l) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2), (3),
(4), and (5), the amendments made by this section shall apply
to vehicles placed in service after December 31, 2022.
(2) Final assembly.--The amendments made by subsection (b)
shall apply to vehicles sold after August 16, 2022.
(3) Manufacturer limitation.--The amendment made by
subsections (d) and (e) shall apply to vehicles sold after
December 31, 2022.
(4) Transfer of credit.--The amendments made by subsection
(g) shall apply to vehicles placed in service after December
31, 2023.
(5) Transition rule.--The amendment made by subsection (k)
shall take effect as if included in Public Law 117-169.
SEC. 236. REPEAL OF CREDIT FOR PREVIOUSLY-OWNED CLEAN VEHICLES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
is amended by striking section 25E (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendment.--Section 6213(g)(2) is amended by
striking subparagraph (U).
(c) Effective Date.--The amendments made by this section shall
apply to vehicles acquired after December 31, 2022.
SEC. 237. REPEAL OF CREDIT FOR QUALIFIED COMMERCIAL CLEAN VEHICLES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by striking section 45W (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendments.--
(1) Section 38(b) is amended by striking paragraph (37).
(2) Section 6213(g)(2) is amended by striking subparagraph
(V).
(c) Effective Date.--The amendments made by this section shall
apply to vehicles acquired after December 31, 2022.
SEC. 238. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
(a) In General.--Section 30C(i) is amended by striking ``December
31, 2032'' and inserting ``December 31, 2021''.
(b) Property of a Character Subject to Depreciation.--
(1) In general.--Section 30C(a) is amended by striking ``(6
percent in the case of property of a character subject to
depreciation)''.
(2) Modification of credit limitation.--Subsection (b) of
section 30C is amended--
(A) in the matter preceding paragraph (1)--
(i) by striking ``with respect to any
single item of'' and inserting ``with respect
to all'', and
(ii) by inserting ``at a location'' before
``shall not exceed'', and
(B) in paragraph (1), by striking ``$100,000 in the
case of any such item of property'' and inserting
``$30,000 in the case of a property''.
(3) Bidirectional charging equipment not included; eligible
census tract requirement removed.--Section 30C(c) is amended to
read as follows:
``(c) Qualified Alternative Fuel Vehicle Refueling Property.--For
purposes of this section, the term `qualified alternative fuel vehicle
refueling property' has the same meaning as the term `qualified clean-
fuel vehicle refueling property' would have under section 179A if--
``(1) paragraph (1) of section 179A(d) did not apply to
property installed on property which is used as the principal
residence (within the meaning of section 121) of the taxpayer,
and
``(2) only the following were treated as clean-burning
fuels for purposes of section 179A(d):
``(A) Any fuel at least 85 percent of the volume of
which consists of one or more of the following:
ethanol, natural gas, compressed natural gas, liquified
natural gas, liquefied petroleum gas, or hydrogen.
``(B) Any mixture--
``(i) which consists of two or more of the
following: biodiesel (as defined in section
40A(d)(1)), diesel fuel (as defined in section
4083(a)(3)), or kerosene, and
``(ii) at least 20 percent of the volume of
which consists of biodiesel (as so defined)
determined without regard to any kerosene in
such mixture.
``(C) Electricity.''.
(c) Certain Electric Charging Stations Not Included as Qualified
Alternative Fuel Vehicle Refueling Property; Wage and Apprenticeship
Requirements Removed.--Section 30C is amended by striking subsections
(f) and (g) and redesignating subsections (h) and (i) as subsections
(f) and (g), respectively.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2021.
SEC. 239. ADVANCED ENERGY PROJECT CREDIT EXTENSION REVERSED.
(a) In General.--Section 48C is amended by striking subsection (e)
and redesignating subsection (f) as subsection (e).
(b) Modification of Qualifying Advanced Energy Projects.--Section
48C(c)(1)(A) is amended--
(1) by striking ``, any portion of the qualified investment
of which is certified by the Secretary under subsection (e) as
eligible for a credit under this section'',
(2) in clause (i)--
(A) by striking ``an industrial or manufacturing
facility for the production or recycling of'' and
inserting ``a manufacturing facility for the production
of'',
(B) in subclause (I), by striking ``water,'',
(C) in subclause (II), by striking ``energy storage
systems and components'' and inserting ``an energy
storage system for use with electric or hybrid-electric
motor vehicles'',
(D) in subclause (III), by striking ``grid
modernization equipment or components'' and inserting
``grids to support the transmission of intermittent
sources of renewable energy, including storage of such
energy'',
(E) in subclause (IV), by striking ``, remove, use,
or sequester carbon oxide emissions'' and inserting
``and sequester carbon dioxide emissions'',
(F) by striking subclause (V) and inserting the
following:
``(V) property designed to refine
or blend renewable fuels or to produce
energy conservation technologies
(including energy-conserving lighting
technologies and smart grid
technologies),'',
(G) by striking subclauses (VI), (VII), and (VIII),
(H) by inserting after subclause (V) the following:
``(VI) new qualified plug-in
electric drive motor vehicles (as
defined by section 30D) or components
which are designed specifically for use
with such vehicles, including electric
motors, generators, and power control
units, or'', and
(I) by redesignating subclause (IX) as subclause
(VII), and inserting ``, and'' at the end of such
subclause, and
(3) by striking clauses (ii) and (iii) and inserting the
following:
``(ii) any portion of the qualified
investment of which is certified by the
Secretary under subsection (d) as eligible for
a credit under this section.''.
(c) Conforming Amendment.--Subparagraph (A) of section 48C(c)(2) is
amended to read as follows:
``(A) which is necessary for the production of
property described in paragraph (1)(A)(i),''.
(d) Denial of Double Benefit.--Section 48C(e), as redesignated by
this section, is amended by striking ``48B, 48E, 45Q, or 45V'' and
inserting ``or 48B''.
(e) Effective Date.--The amendments made by this section shall take
effect on January 1, 2023.
SEC. 240. REPEAL OF ADVANCED MANUFACTURING PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by striking section 45X (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendment.--Section 38(b) is amended by striking
paragraph (38).
(c) Effective Date.--The amendments made by this section shall
apply to components produced and sold after December 31, 2022.
SEC. 241. REPEAL OF CLEAN ELECTRICITY PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by striking section 45Y (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendment.--Section 38(b) is amended by striking
paragraph (39).
(c) Effective Date.--The amendments made by this section shall
apply to facilities placed in service after December 31, 2024.
SEC. 242. REPEAL OF CLEAN ELECTRICITY INVESTMENT CREDIT.
(a) In General.--Subpart E of part IV of subchapter A of chapter 1
is amended by striking section 48E (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendments.--
(1) Section 46, as amended by Public Law 117-169, is
amended--
(A) in paragraph (5), by adding ``and'' at the end,
(B) in paragraph (6), by striking ``, and'' and
inserting a period, and
(C) by striking paragraph (7).
(2) Section 49(a)(1)(C), as amended by Public Law 117-169,
is amended--
(A) by adding ``and'' at the end of clause (v),
(B) by striking the comma at the end of clause (vi)
and inserting a period, and
(C) by striking clauses (vii) and (viii).
(3) Section 50(a)(2)(E), as amended by Public Law 117-169,
is amended by striking ``48D(b)(5), or 48E(e)'' and inserting
``or 48D(b)(5)''.
(4) Section 50(c)(3), as amended by Public Law 117-169, is
amended by striking ``or clean electricity investment credit''.
(c) Effective Date.--The amendments made by this section shall
apply to facilities and property placed in service after December 31,
2024.
SEC. 243. COST RECOVERY FOR QUALIFIED FACILITIES, QUALIFIED PROPERTY,
AND ENERGY STORAGE TECHNOLOGY REMOVED.
(a) In General.--Section 168(e)(3)(B), as amended by Public Law
117-169, is amended--
(1) in clause (vi)(III), by adding ``and'' at the end,
(2) in clause (vii), by striking ``, and,'' at the end and
inserting a period, and
(3) by striking clause (viii).
(b) Effective Date.--The amendments made by this section shall
apply to facilities and property placed in service after December 31,
2024.
SEC. 244. REPEAL OF CLEAN FUEL PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by striking section 45Z (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendments.--
(1) Section 30C(c)(1)(B), as amended by Public Law 117-169,
is amended by striking clause (iv).
(2) Section 38(b), as amended by Public Law 117-169, is
amended by striking paragraph (40).
(3) Section 4101(a)(1), as amended by Public Law 117-169,
is amended by striking ``every person producing a fuel eligible
for the clean fuel production credit (pursuant to section
45Z),''.
(c) Effective Date.--The amendments made by this section shall
apply to transportation fuel produced after December 31, 2024.
SEC. 245. REPEAL OF SECTIONS RELATING TO ELECTIVE PAYMENT FOR ENERGY
PROPERTY AND ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE
RESOURCES; TRANSFER OF CREDITS.
(a) In General.--Subchapter B of chapter 65 is amended by striking
sections 6417 and 6418 (and by striking the items relating to such
sections in the table of sections for such subchapter).
(b) Conforming Amendments.--
(1) Section 50(d) is amended by striking ``In the case of a
real estate investment trust making an election under section
6418, paragraphs (1)(B) and (2)(B) of the section 46(e)
referred to in paragraph (1) of this subsection shall not apply
to any investment credit property of such real estate
investment trust to which such election applies''.
(2) Section 39(a) is amended by striking paragraph (4).
(3) Section 13801 of Public Law 117-169 is amended by
striking subsection (f).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
TITLE IV--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION
SEC. 251. RESCISSION OF CERTAIN BALANCES MADE AVAILABLE TO THE INTERNAL
REVENUE SERVICE.
The unobligated balances of amounts appropriated or otherwise made
available for activities of the Internal Revenue Service by paragraphs
(1)(A)(ii), (1)(A)(iii), (1)(B), (2), (3), (4), and (5) of section
10301 of Public Law 117-169 (commonly known as the ``Inflation
Reduction Act of 2022'') as of the date of the enactment of this Act
are rescinded.
DIVISION C--GROW THE ECONOMY
TITLE I--TEMPORARY ASSISTANCE TO NEEDY FAMILIES
SEC. 301. RECALIBRATION OF THE CASELOAD REDUCTION CREDIT.
Section 407(b)(3) of the Social Security Act (42 U.S.C. 607(b)(3))
is amended in each of subparagraphs (A)(ii) and (B), by striking
``2005'' and inserting ``2022''.
SEC. 302. ELIMINATING EXCESS MAINTENANCE OF EFFORT SPENDING IN
DETERMINING CASELOAD REDUCTION CREDIT.
Section 407(b)(3) of the Social Security Act (42 U.S.C. 607(b)(3))
is amended by adding at the end the following:
``(C) Exclusion of certain cases.--The Secretary
shall determine the minimum participation rate of a
State for a fiscal year under this subsection without
regard to cases that are funded by an amount expended
in excess of the applicable percentage of the historic
expenditures (as defined in section 409(a)(7)(B)(ii))
of the State for the fiscal year.''.
SEC. 303. ELIMINATION OF SMALL CHECKS SCHEME.
Section 407(b) of the Social Security Act (42 U.S.C. 607(b)) is
amended by adding at the end the following:
``(6) Special rule regarding calculation of the minimum
participation rate.--The Secretary shall determine
participation rates under this section without regard to any
individual engaged in work who is described in section
408(a)(2), who is not in compliance with section 408(a)(3), or
with respect to whom the assessment required by section
408(b)(1) has not been made.''.
SEC. 304. REPORTING OF WORK OUTCOMES.
Section 411 of the Social Security Act (42 U.S.C. 611) is amended
by adding at the end the following:
``(e) Reporting Performance Indicators.--
``(1) In general.--Each Sate, in consultation with the
Secretary, shall collect and submit to the Secretary the
information necessary for each indicator described in paragraph
(2), for fiscal year 2025 and each fiscal year thereafter.
``(2) Indicators of performance.--The indicators described
in this paragraph for a fiscal year are the following:
``(A) The percentage of individuals who were work-
eligible individuals as of the time of exit from the
program, who are in unsubsidized employment during the
second quarter after the exit.
``(B) The percentage of individuals who were work-
eligible individuals who were in unsubsidized
employment in the second quarter after the exit, who
are also in unsubsidized employment during the fourth
quarter after the exit.
``(C) The median earnings of individuals who were
work-eligible individuals as of the time of exit from
the program, who are in unsubsidized employment during
the second quarter after the exit.
``(D) The percentage of individuals who have not
attained 24 years of age, are attending high school or
enrolled in an equivalency program, and are work-
eligible individuals or were work-eligible individuals
as of the time of exit from the program, who obtain a
high school degree or its recognized equivalent while
receiving assistance under the State program funded
under this part or within 1 year after the exit.
``(3) Definition of exit.--In paragraph (2), the term
`exit' means, with respect to a State program funded under this
part, ceases to receive assistance under the program funded by
this part.
``(4) Regulations.--In order to ensure nationwide
comparability of data, the Secretary, after consultation with
the Secretary of Labor and with States, shall issue regulations
governing the reporting of performance indicators under this
subsection.''.
SEC. 305. EFFECTIVE DATE.
The amendments made by this title shall take effect on October 1,
2025.
TITLE II--SNAP EXEMPTIONS
SEC. 311. AGE-RELATED EXEMPTION FROM WORK REQUIREMENT TO RECEIVE SNAP.
Section 6(o)(3)(A) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(6)(o)(3)(A)) is amended by striking ``50'' and inserting ``56''.
SEC. 312. RULE OF CONSTRUCTION FOR EXEMPTION ADJUSTMENT.
Section 6(o)(6) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(6)(o)(6)) is amended by adding at end the following:
``(I) Rule of construction for exemption
adjustment.--During fiscal year 2025 and each
subsequent fiscal year, nothing in this paragraph shall
be interpreted to allow a State agency to accumulate
unused exemptions to be provided beyond the subsequent
fiscal year.''.
TITLE III--COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE INDIVIDUALS
SECTION 321. COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE
INDIVIDUALS.
(a) In General.--Section 1903(i) of the Social Security Act (42
U.S.C. 1396b(i)) is amended--
(1) in paragraph (26), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (27), by striking the period at the end
and inserting ``; or'';
(3) by inserting after paragraph (27) the following new
paragraph:
``(28) with respect to any amount expended for medical
assistance for an applicable individual for a month in a
calendar year if such individual did not meet the community
engagement requirement under section 1905(jj) for 3 or more
preceding months during such calendar year while such
individual was an applicable individual and was enrolled in a
State plan (or waiver of such plan) under this title.''; and
(4) in the flush left matter at the end, by striking ``and
(18),'' and inserting ``(18), and (28)''.
(b) Community Engagement Requirement.--Section 1905 of the Social
Security Act (42 U.S.C. 1396d) is amended by adding at the end the
following new subsection:
``(jj) Community Engagement Requirement for Applicable
Individuals.--
``(1) Community engagement requirement described.--For
purposes of section 1903(i)(28), the community engagement
requirement described in this subsection with respect to an
applicable individual and a month is that such individual
satisfies at least one of the following with respect to such
month:
``(A) The individual works 80 hours or more per
month, or has a monthly income that is at least equal
to the Federal minimum wage under section 6 of the Fair
Labor Standards Act of 1938, multiplied by 80 hours.
``(B) The individual completes 80 hours or more of
community service per month.
``(C) The individual participates in a work program
for at least 80 hours per month.
``(D) The individual participates in a combination
of work, including community service, and a work
program for a total of at least 80 hours per month.
``(2) Verification.--For purposes of verifying the
compliance of an applicable individual with the community
engagement requirement under paragraph (1), a State Medicaid
agency shall, whenever possible, prioritize the utilization of
existing databases or other verification measures, including
the National Change of Address Database Maintained by the
United States Postal Service, State health and human services
agencies, payroll databases, or other reliable sources of
information, prior to seeking additional verification from such
individual.
``(3) Definitions.--In this subsection:
``(A) Applicable individual.--The term `applicable
individual' means any individual who is not--
``(i) under 19 years of age or age 56 or
older;
``(ii) physically or mentally unfit for
employment, as determined by a physician or
other medical professional;
``(iii) pregnant;
``(iv) the parent or caretaker of a
dependent child;
``(v) the parent or caretaker of an
incapacitated person;
``(vi) complying with work requirements
under a different program under Federal law;
``(vii) participating in a drug or alcohol
treatment and rehabilitation program (as
defined in section 3(h) of the Food and
Nutrition Act of 2008); or
``(viii) enrolled in an educational program
at least half time.
``(B) Educational program.--The term `educational
program' means--
``(i) an institution of higher education
(as defined in section 101(a) of the Higher
Education Act of 1965);
``(ii) a program of career and technical
education (as defined in section 3 of the Carl
D. Perkins Career and Technical Education Act
of 2006); or
``(iii) any other educational program
approved by the Secretary.
``(C) State medicaid agency.--The term `State
Medicaid agency' means the State agency responsible for
administering the State Medicaid plan.
``(D) Work program.--The term `work program' has
the meaning given such term in section 6(o)(1) of the
Food and Nutrition Act of 2008.''.
(c) State Option To Disenroll Certain Individuals.--Section 1902(a)
of the Social Security Act (42 U.S.C. 1396a(a)) is amended by adding at
the end of the flush left text following paragraph (87) the following:
``Notwithstanding any of the preceding provisions of this subsection,
at the option of a State, such State may elect to disenroll an
applicable individual for a month if, with respect to medical
assistance furnished to such individual for such month, no Federal
financial participation would be available, pursuant to section
1903(i)(28).''.
TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY
SEC. 331. SHORT TITLE.
This title may be cited as the ``Regulations from the Executive in
Need of Scrutiny Act of 2023''.
SEC. 332. PURPOSE.
The purpose of this title is to increase accountability for and
transparency in the Federal regulatory process. Section 1 of article I
of the United States Constitution grants all legislative powers to
Congress. Over time, Congress has excessively delegated its
constitutional charge while failing to conduct appropriate oversight
and retain accountability for the content of the laws it passes. By
requiring a vote in Congress, the REINS Act will result in more
carefully drafted and detailed legislation, an improved regulatory
process, and a legislative branch that is truly accountable to the
American people for the laws imposed upon them.
SEC. 333. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.
Chapter 8 of title 5, United States Code, is amended to read as
follows:
``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.
``Sec. 801. Congressional review
``(a)(1)(A) Before a rule may take effect, the Federal agency
promulgating such rule shall publish in the Federal Register a list of
information on which the rule is based, including data, scientific and
economic studies, and cost-benefit analyses, and identify how the
public can access such information online, and shall submit to each
House of the Congress and to the Comptroller General a report
containing--
``(i) a copy of the rule;
``(ii) a concise general statement relating to the rule;
``(iii) a classification of the rule as a major or nonmajor
rule, including an explanation of the classification
specifically addressing each criteria for a major rule
contained within subparagraphs (A) through (C) of section
804(2);
``(iv) a list of any other related regulatory actions
intended to implement the same statutory provision or
regulatory objective as well as the individual and aggregate
economic effects of those actions; and
``(v) the proposed effective date of the rule.
``(B) On the date of the submission of the report under
subparagraph (A), the Federal agency promulgating the rule shall submit
to the Comptroller General and make available to each House of
Congress--
``(i) a complete copy of the cost-benefit analysis of the
rule, if any, including an analysis of any jobs added or lost,
differentiating between public and private sector jobs;
``(ii) the agency's actions pursuant to sections 603, 604,
605, 607, and 609 of this title;
``(iii) the agency's actions pursuant to sections 202, 203,
204, and 205 of the Unfunded Mandates Reform Act of 1995; and
``(iv) any other relevant information or requirements under
any other Act and any relevant Executive orders.
``(C) Upon receipt of a report submitted under subparagraph (A),
each House shall provide copies of the report to the chairman and
ranking member of each standing committee with jurisdiction under the
rules of the House of Representatives or the Senate to report a bill to
amend the provision of law under which the rule is issued.
``(2)(A) The Comptroller General shall provide a report on each
major rule to the committees of jurisdiction by the end of 15 calendar
days after the submission or publication date. The report of the
Comptroller General shall include an assessment of the agency's
compliance with procedural steps required by paragraph (1)(B) and an
assessment of whether the major rule imposes any new limits or mandates
on private-sector activity.
``(B) Federal agencies shall cooperate with the Comptroller General
by providing information relevant to the Comptroller General's report
under subparagraph (A).
``(3) A major rule relating to a report submitted under paragraph
(1) shall take effect upon enactment of a joint resolution of approval
described in section 802 or as provided for in the rule following
enactment of a joint resolution of approval described in section 802,
whichever is later.
``(4) A nonmajor rule shall take effect as provided by section 803
after submission to Congress under paragraph (1).
``(5) If a joint resolution of approval relating to a major rule is
not enacted within the period provided in subsection (b)(2), then a
joint resolution of approval relating to the same rule may not be
considered under this chapter in the same Congress by either the House
of Representatives or the Senate.
``(b)(1) A major rule shall not take effect unless the Congress
enacts a joint resolution of approval described under section 802.
``(2) If a joint resolution described in subsection (a) is not
enacted into law by the end of 70 session days or legislative days, as
applicable, beginning on the date on which the report referred to in
subsection (a)(1)(A) is received by Congress (excluding days either
House of Congress is adjourned for more than 3 days during a session of
Congress), then the rule described in that resolution shall be deemed
not to be approved and such rule shall not take effect.
``(c)(1) Notwithstanding any other provision of this section
(except subject to paragraph (3)), a major rule may take effect for one
90-calendar-day period if the President makes a determination under
paragraph (2) and submits written notice of such determination to the
Congress.
``(2) Paragraph (1) applies to a determination made by the
President by Executive order that the major rule should take effect
because such rule is--
``(A) necessary because of an imminent threat to health or
safety or other emergency;
``(B) necessary for the enforcement of criminal laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing an
international trade agreement.
``(3) An exercise by the President of the authority under this
subsection shall have no effect on the procedures under section 802.
``(d)(1) In addition to the opportunity for review otherwise
provided under this chapter, in the case of any rule for which a report
was submitted in accordance with subsection (a)(1)(A) during the period
beginning on the date occurring--
``(A) in the case of the Senate, 60 session days; or
``(B) in the case of the House of Representatives, 60
legislative days,
before the date the Congress is scheduled to adjourn a session of
Congress through the date on which the same or succeeding Congress
first convenes its next session, sections 802 and 803 shall apply to
such rule in the succeeding session of Congress.
``(2)(A) In applying sections 802 and 803 for purposes of such
additional review, a rule described under paragraph (1) shall be
treated as though--
``(i) such rule were published in the Federal Register on--
``(I) in the case of the Senate, the 15th session
day; or
``(II) in the case of the House of Representatives,
the 15th legislative day,
after the succeeding session of Congress first convenes; and
``(ii) a report on such rule were submitted to Congress
under subsection (a)(1) on such date.
``(B) Nothing in this paragraph shall be construed to affect the
requirement under subsection (a)(1) that a report shall be submitted to
Congress before a rule can take effect.
``(3) A rule described under paragraph (1) shall take effect as
otherwise provided by law (including other subsections of this
section).
``Sec. 802. Congressional approval procedure for major rules
``(a)(1) For purposes of this section, the term `joint resolution'
means only a joint resolution addressing a report classifying a rule as
major pursuant to section 801(a)(1)(A)(iii) that--
``(A) bears no preamble;
``(B) bears the following title (with blanks filled as
appropriate): `Approving the rule submitted by ___ relating to
___.';
``(C) includes after its resolving clause only the
following (with blanks filled as appropriate): `That Congress
approves the rule submitted by ___ relating to ___.'; and
``(D) is introduced pursuant to paragraph (2).
``(2) After a House of Congress receives a report classifying a
rule as major pursuant to section 801(a)(1)(A)(iii), the majority
leader of that House (or his or her respective designee) shall
introduce (by request, if appropriate) a joint resolution described in
paragraph (1)--
``(A) in the case of the House of Representatives, within 3
legislative days; and
``(B) in the case of the Senate, within 3 session days.
``(3) A joint resolution described in paragraph (1) shall not be
subject to amendment at any stage of proceeding.
``(b) A joint resolution described in subsection (a) shall be
referred in each House of Congress to the committees having
jurisdiction over the provision of law under which the rule is issued.
``(c) In the Senate, if the committee or committees to which a
joint resolution described in subsection (a) has been referred have not
reported it at the end of 15 session days after its introduction, such
committee or committees shall be automatically discharged from further
consideration of the resolution and it shall be placed on the calendar.
A vote on final passage of the resolution shall be taken on or before
the close of the 15th session day after the resolution is reported by
the committee or committees to which it was referred, or after such
committee or committees have been discharged from further consideration
of the resolution.
``(d)(1) In the Senate, when the committee or committees to which a
joint resolution is referred have reported, or when a committee or
committees are discharged (under subsection (c)) from further
consideration of a joint resolution described in subsection (a), it is
at any time thereafter in order (even though a previous motion to the
same effect has been disagreed to) for a motion to proceed to the
consideration of the joint resolution, and all points of order against
the joint resolution (and against consideration of the joint
resolution) are waived. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order. If a motion to proceed
to the consideration of the joint resolution is agreed to, the joint
resolution shall remain the unfinished business of the Senate until
disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 2 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion to further
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e) In the House of Representatives, if any committee to which a
joint resolution described in subsection (a) has been referred has not
reported it to the House at the end of 15 legislative days after its
introduction, such committee shall be discharged from further
consideration of the joint resolution, and it shall be placed on the
appropriate calendar. On the second and fourth Thursdays of each month
it shall be in order at any time for the Speaker to recognize a Member
who favors passage of a joint resolution that has appeared on the
calendar for at least 5 legislative days to call up that joint
resolution for immediate consideration in the House without
intervention of any point of order. When so called up a joint
resolution shall be considered as read and shall be debatable for 1
hour equally divided and controlled by the proponent and an opponent,
and the previous question shall be considered as ordered to its passage
without intervening motion. It shall not be in order to reconsider the
vote on passage. If a vote on final passage of the joint resolution has
not been taken by the third Thursday on which the Speaker may recognize
a Member under this subsection, such vote shall be taken on that day.
``(f)(1) If, before passing a joint resolution described in
subsection (a), one House receives from the other a joint resolution
having the same text, then--
``(A) the joint resolution of the other House shall not be
referred to a committee; and
``(B) the procedure in the receiving House shall be the
same as if no joint resolution had been received from the other
House until the vote on passage, when the joint resolution
received from the other House shall supplant the joint
resolution of the receiving House.
``(2) This subsection shall not apply to the House of
Representatives if the joint resolution received from the Senate is a
revenue measure.
``(g) If either House has not taken a vote on final passage of the
joint resolution by the last day of the period described in section
801(b)(2), then such vote shall be taken on that day.
``(h) This section and section 803 are enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such are
deemed to be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution described in
subsection (a) and superseding other rules only where
explicitly so; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
``Sec. 803. Congressional disapproval procedure for nonmajor rules
``(a) For purposes of this section, the term `joint resolution'
means only a joint resolution introduced in the period beginning on the
date on which the report referred to in section 801(a)(1)(A) is
received by Congress and ending 60 days thereafter (excluding days
either House of Congress is adjourned for more than 3 days during a
session of Congress), the matter after the resolving clause of which is
as follows: `That Congress disapproves the nonmajor rule submitted by
the ___ relating to ___, and such rule shall have no force or effect.'
(The blank spaces being appropriately filled in).
``(b) A joint resolution described in subsection (a) shall be
referred to the committees in each House of Congress with jurisdiction.
``(c) In the Senate, if the committee to which is referred a joint
resolution described in subsection (a) has not reported such joint
resolution (or an identical joint resolution) at the end of 15 session
days after the date of introduction of the joint resolution, such
committee may be discharged from further consideration of such joint
resolution upon a petition supported in writing by 30 Members of the
Senate, and such joint resolution shall be placed on the calendar.
``(d)(1) In the Senate, when the committee to which a joint
resolution is referred has reported, or when a committee is discharged
(under subsection (c)) from further consideration of a joint resolution
described in subsection (a), it is at any time thereafter in order
(even though a previous motion to the same effect has been disagreed
to) for a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint resolution (and
against consideration of the joint resolution) are waived. The motion
is not subject to amendment, or to a motion to postpone, or to a motion
to proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
the joint resolution is agreed to, the joint resolution shall remain
the unfinished business of the Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion to further
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e) In the Senate, the procedure specified in subsection (c) or
(d) shall not apply to the consideration of a joint resolution
respecting a nonmajor rule--
``(1) after the expiration of the 60 session days beginning
with the applicable submission or publication date; or
``(2) if the report under section 801(a)(1)(A) was
submitted during the period referred to in section 801(d)(1),
after the expiration of the 60 session days beginning on the
15th session day after the succeeding session of Congress first
convenes.
``(f) If, before the passage by one House of a joint resolution of
that House described in subsection (a), that House receives from the
other House a joint resolution described in subsection (a), then the
following procedures shall apply:
``(1) The joint resolution of the other House shall not be
referred to a committee.
``(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
``(A) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
``(B) the vote on final passage shall be on the
joint resolution of the other House.
``Sec. 804. Definitions
``For purposes of this chapter:
``(1) The term `Federal agency' means any agency as that
term is defined in section 551(1).
``(2) The term `major rule' means any rule, including an
interim final rule, that the Administrator of the Office of
Information and Regulatory Affairs of the Office of Management
and Budget finds has resulted in or is likely to result in--
``(A) an annual effect on the economy of $100
million or more;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State, or
local government agencies, or geographic regions; or
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets.
``(3) The term `nonmajor rule' means any rule that is not a
major rule.
``(4) The term `rule' has the meaning given such term in
section 551, except that such term does not include--
``(A) any rule of particular applicability,
including a rule that approves or prescribes for the
future rates, wages, prices, services, or allowances
therefore, corporate or financial structures,
reorganizations, mergers, or acquisitions thereof, or
accounting practices or disclosures bearing on any of
the foregoing;
``(B) any rule relating to agency management or
personnel; or
``(C) any rule of agency organization, procedure,
or practice that does not substantially affect the
rights or obligations of non-agency parties.
``(5) The term `submission or publication date', except as
otherwise provided in this chapter, means--
``(A) in the case of a major rule, the date on
which the Congress receives the report submitted under
section 801(a)(1); and
``(B) in the case of a nonmajor rule, the later
of--
``(i) the date on which the Congress
receives the report submitted under section
801(a)(1); and
``(ii) the date on which the nonmajor rule
is published in the Federal Register, if so
published.
``Sec. 805. Judicial review
``(a) No determination, finding, action, or omission under this
chapter shall be subject to judicial review.
``(b) Notwithstanding subsection (a), a court may determine whether
a Federal agency has completed the necessary requirements under this
chapter for a rule to take effect.
``(c) The enactment of a joint resolution of approval under section
802 shall not be interpreted to serve as a grant or modification of
statutory authority by Congress for the promulgation of a rule, shall
not extinguish or affect any claim, whether substantive or procedural,
against any alleged defect in a rule, and shall not form part of the
record before the court in any judicial proceeding concerning a rule
except for purposes of determining whether or not the rule is in
effect.
``Sec. 806. Exemption for monetary policy
``Nothing in this chapter shall apply to rules that concern
monetary policy proposed or implemented by the Board of Governors of
the Federal Reserve System or the Federal Open Market Committee.
``Sec. 807. Effective date of certain rules
``Notwithstanding section 801--
``(1) any rule that establishes, modifies, opens, closes,
or conducts a regulatory program for a commercial,
recreational, or subsistence activity related to hunting,
fishing, or camping; or
``(2) any rule other than a major rule which an agency for
good cause finds (and incorporates the finding and a brief
statement of reasons therefore in the rule issued) that notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest,
shall take effect at such time as the Federal agency promulgating the
rule determines.''.
SEC. 334. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 OF TITLE 5,
UNITED STATES CODE.
Section 257(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 907(b)(2)) is amended by adding at the
end the following new subparagraph:
``(E) Budgetary effects of rules subject to section
802 of title 5, united states code.--Any rule subject
to the congressional approval procedure set forth in
section 802 of chapter 8 of title 5, United States
Code, affecting budget authority, outlays, or receipts
shall be assumed to be effective unless it is not
approved in accordance with such section.''.
SEC. 335. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.
(a) In General.--The Comptroller General of the United States shall
conduct a study to determine, as of the date of the enactment of this
section--
(1) how many rules (as such term is defined in section 804
of title 5, United States Code) were in effect;
(2) how many major rules (as such term is defined in
section 804 of title 5, United States Code) were in effect; and
(3) the total estimated economic cost imposed by all such
rules.
(b) Report.--Not later than 1 year after the date of the enactment
of this section, the Comptroller General of the United States shall
submit a report to Congress that contains the findings of the study
conducted under subsection (a).
DIVISION D--H.R. 1, THE LOWER ENERGY COSTS ACT
TITLE I--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS,
INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING
SEC. 10001. SECURING AMERICA'S CRITICAL MINERALS SUPPLY.
(a) Amendment to the Department of Energy Organization Act.--The
Department of Energy Organization Act (42 U.S.C. 7101 et seq.) is
amended--
(1) in section 2, by adding at the end the following:
``(d) As used in sections 102(20) and 203(a)(12), the term
`critical energy resource' means any energy resource--
``(1) that is essential to the energy sector and energy
systems of the United States; and
``(2) the supply chain of which is vulnerable to
disruption.'';
(2) in section 102, by adding at the end the following:
``(20) To ensure there is an adequate and reliable supply
of critical energy resources that are essential to the energy
security of the United States.''; and
(3) in section 203(a), by adding at the end the following:
``(12) Functions that relate to securing the supply of
critical energy resources, including identifying and mitigating
the effects of a disruption of such supply on--
``(A) the development and use of energy
technologies; and
``(B) the operation of energy systems.''.
(b) Securing Critical Energy Resource Supply Chains.--
(1) In general.--In carrying out the requirements of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
the Secretary of Energy, in consultation with the appropriate
Federal agencies, representatives of the energy sector, States,
and other stakeholders, shall--
(A) conduct ongoing assessments of--
(i) energy resource criticality based on
the importance of critical energy resources to
the development of energy technologies and the
supply of energy;
(ii) the critical energy resource supply
chain of the United States;
(iii) the vulnerability of such supply
chain; and
(iv) how the energy security of the United
States is affected by the reliance of the
United States on importation of critical energy
resources;
(B) facilitate development of strategies to
strengthen critical energy resource supply chains in
the United States, including by--
(i) diversifying the sources of the supply
of critical energy resources; and
(ii) increasing domestic production,
separation, and processing of critical energy
resources;
(C) develop substitutes and alternatives to
critical energy resources; and
(D) improve technology that reuses and recycles
critical energy resources.
(2) Report.--Not later than 1 year after the date of
enactment of this title, and annually thereafter, the Secretary
of Energy shall submit to Congress a report containing--
(A) the results of the ongoing assessments
conducted under paragraph (1)(A);
(B) a description of any actions taken pursuant to
the Department of Energy Organization Act to mitigate
potential effects of critical energy resource supply
chain disruptions on energy technologies or the
operation of energy systems; and
(C) any recommendations relating to strengthening
critical energy resource supply chains that are
essential to the energy security of the United States.
(3) Critical energy resource defined.--In this section, the
term ``critical energy resource'' has the meaning given such
term in section 2 of the Department of Energy Organization Act
(42 U.S.C. 7101).
SEC. 10002. PROTECTING AMERICAN ENERGY PRODUCTION.
(a) Sense of Congress.--It is the sense of Congress that States
should maintain primacy for the regulation of hydraulic fracturing for
oil and natural gas production on State and private lands.
(b) Prohibition on Declaration of a Moratorium on Hydraulic
Fracturing.--Notwithstanding any other provision of law, the President
may not declare a moratorium on the use of hydraulic fracturing unless
such moratorium is authorized by an Act of Congress.
SEC. 10003. RESEARCHING EFFICIENT FEDERAL IMPROVEMENTS FOR NECESSARY
ENERGY REFINING.
Not later than 90 days after the date of enactment of this section,
the Secretary of Energy shall direct the National Petroleum Council
to--
(1) submit to the Secretary of Energy and Congress a report
containing--
(A) an examination of the role of petrochemical
refineries located in the United States and the
contributions of such petrochemical refineries to the
energy security of the United States, including the
reliability of supply in the United States of liquid
fuels and feedstocks, and the affordability of liquid
fuels for consumers in the United States;
(B) analyses and projections with respect to--
(i) the capacity of petrochemical
refineries located in the United States;
(ii) opportunities for expanding such
capacity; and
(iii) the risks to petrochemical refineries
located in the United States;
(C) an assessment of any Federal or State executive
actions, regulations, or policies that have caused or
contributed to a decline in the capacity of
petrochemical refineries located in the United States;
and
(D) any recommendations for Federal agencies and
Congress to encourage an increase in the capacity of
petrochemical refineries located in the United States;
and
(2) make publicly available the report submitted under
paragraph (1).
SEC. 10004. PROMOTING CROSS-BORDER ENERGY INFRASTRUCTURE.
(a) Authorization of Certain Energy Infrastructure Projects at an
International Boundary of the United States.--
(1) Authorization.--Except as provided in paragraph (3) and
subsection (d), no person may construct, connect, operate, or
maintain a border-crossing facility for the import or export of
oil or natural gas, or the transmission of electricity, across
an international border of the United States without obtaining
a certificate of crossing for the border-crossing facility
under this subsection.
(2) Certificate of crossing.--
(A) Requirement.--Not later than 120 days after
final action is taken, by the relevant official or
agency identified under subparagraph (B), under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to a border-crossing
facility for which a person requests a certificate of
crossing under this subsection, the relevant official
or agency, in consultation with appropriate Federal
agencies, shall issue a certificate of crossing for the
border-crossing facility unless the relevant official
or agency finds that the construction, connection,
operation, or maintenance of the border-crossing
facility is not in the public interest of the United
States.
(B) Relevant official or agency.--The relevant
official or agency referred to in subparagraph (A) is--
(i) the Federal Energy Regulatory
Commission with respect to border-crossing
facilities consisting of oil or natural gas
pipelines; and
(ii) the Secretary of Energy with respect
to border-crossing facilities consisting of
electric transmission facilities.
(C) Additional requirement for electric
transmission facilities.--In the case of a request for
a certificate of crossing for a border-crossing
facility consisting of an electric transmission
facility, the Secretary of Energy shall require, as a
condition of issuing the certificate of crossing under
subparagraph (A), that the border-crossing facility be
constructed, connected, operated, or maintained
consistent with all applicable policies and standards
of--
(i) the Electric Reliability Organization
and the applicable regional entity; and
(ii) any Regional Transmission Organization
or Independent System Operator with operational
or functional control over the border-crossing
facility.
(3) Exclusions.--This subsection shall not apply to any
construction, connection, operation, or maintenance of a
border-crossing facility for the import or export of oil or
natural gas, or the transmission of electricity--
(A) if the border-crossing facility is operating
for such import, export, or transmission as of the date
of enactment of this section;
(B) if a Presidential permit (or similar permit)
for the construction, connection, operation, or
maintenance has been issued pursuant to any provision
of law or Executive order; or
(C) if an application for a Presidential permit (or
similar permit) for the construction, connection,
operation, or maintenance is pending on the date of
enactment of this section, until the earlier of--
(i) the date on which such application is
denied; or
(ii) two years after the date of enactment
of this section, if such a permit has not been
issued by such date of enactment.
(4) Effect of other laws.--
(A) Application to projects.--Nothing in this
subsection or subsection (d) shall affect the
application of any other Federal statute to a project
for which a certificate of crossing for a border-
crossing facility is requested under this subsection.
(B) Natural gas act.--Nothing in this subsection or
subsection (d) shall affect the requirement to obtain
approval or authorization under sections 3 and 7 of the
Natural Gas Act for the siting, construction, or
operation of any facility to import or export natural
gas.
(C) Oil pipelines.--Nothing in this subsection or
subsection (d) shall affect the authority of the
Federal Energy Regulatory Commission with respect to
oil pipelines under section 60502 of title 49, United
States Code.
(b) Transmission of Electric Energy to Canada and Mexico.--
(1) Repeal of requirement to secure order.--Section 202(e)
of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(2) Conforming amendments.--
(A) State regulations.--Section 202(f) of the
Federal Power Act (16 U.S.C. 824a(f)) is amended by
striking ``insofar as such State regulation does not
conflict with the exercise of the Commission's powers
under or relating to subsection 202(e)''.
(B) Seasonal diversity electricity exchange.--
Section 602(b) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended
by striking ``the Commission has conducted hearings and
made the findings required under section 202(e) of the
Federal Power Act'' and all that follows through the
period at the end and inserting ``the Secretary has
conducted hearings and finds that the proposed
transmission facilities would not impair the
sufficiency of electric supply within the United States
or would not impede or tend to impede the coordination
in the public interest of facilities subject to the
jurisdiction of the Secretary.''.
(c) No Presidential Permit Required.--No Presidential permit (or
similar permit) shall be required pursuant to any provision of law or
Executive order for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric transmission
facility, or any border-crossing facility thereof.
(d) Modifications to Existing Projects.--No certificate of crossing
under subsection (a), or Presidential permit (or similar permit), shall
be required for a modification to--
(1) an oil or natural gas pipeline or electric transmission
facility that is operating for the import or export of oil or
natural gas or the transmission of electricity as of the date
of enactment of this section;
(2) an oil or natural gas pipeline or electric transmission
facility for which a Presidential permit (or similar permit)
has been issued pursuant to any provision of law or Executive
order; or
(3) a border-crossing facility for which a certificate of
crossing has previously been issued under subsection (a).
(e) Prohibition on Revocation of Presidential Permits.--
Notwithstanding any other provision of law, the President may not
revoke a Presidential permit (or similar permit) issued pursuant to
Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No.
11423 (3 U.S.C. 301 note), Executive Order No. 12038 (43 Fed. Reg.
4957), Executive Order No. 10485 (18 Fed. Reg. 5397), or any other
Executive order for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric transmission
facility, or any border-crossing facility thereof, unless such
revocation is authorized by an Act of Congress.
(f) Effective Date; Rulemaking Deadlines.--
(1) Effective date.--Subsections (a) through (d), and the
amendments made by such subsections, shall take effect on the
date that is 1 year after the date of enactment of this
section.
(2) Rulemaking deadlines.--Each relevant official or agency
described in subsection (a)(2)(B) shall--
(A) not later than 180 days after the date of
enactment of this section, publish in the Federal
Register notice of a proposed rulemaking to carry out
the applicable requirements of subsection (a); and
(B) not later than 1 year after the date of
enactment of this section, publish in the Federal
Register a final rule to carry out the applicable
requirements of subsection (a).
(g) Definitions.--In this section:
(1) Border-crossing facility.--The term ``border-crossing
facility'' means the portion of an oil or natural gas pipeline
or electric transmission facility that is located at an
international boundary of the United States.
(2) Modification.--The term ``modification'' includes a
reversal of flow direction, change in ownership, change in flow
volume, addition or removal of an interconnection, or an
adjustment to maintain flow (such as a reduction or increase in
the number of pump or compressor stations).
(3) Natural gas.--The term ``natural gas'' has the meaning
given that term in section 2 of the Natural Gas Act (15 U.S.C.
717a).
(4) Oil.--The term ``oil'' means petroleum or a petroleum
product.
(5) Electric reliability organization; regional entity.--
The terms ``Electric Reliability Organization'' and ``regional
entity'' have the meanings given those terms in section 215 of
the Federal Power Act (16 U.S.C. 824o).
(6) Independent system operator; regional transmission
organization.--The terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796).
SEC. 10005. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE REVOCATION
OF THE PRESIDENTIAL PERMIT FOR THE KEYSTONE XL PIPELINE.
(a) Findings.--Congress finds the following:
(1) On March 29, 2019, TransCanada Keystone Pipeline, L.P.,
was granted a Presidential permit to construct, connect,
operate, and maintain the Keystone XL pipeline.
(2) On January 20, 2021, President Biden issued Executive
Order No. 13990 (86 Fed. Reg. 7037) that revoked the March 2019
Presidential permit for the Keystone XL.
(b) Sense of Congress.--It is the sense of Congress that Congress
disapproves of the revocation by President Biden of the Presidential
permit for the Keystone XL pipeline.
SEC. 10006. SENSE OF CONGRESS OPPOSING RESTRICTIONS ON THE EXPORT OF
CRUDE OIL OR OTHER PETROLEUM PRODUCTS.
(a) Findings.--Congress finds the following:
(1) The United States has enjoyed a renaissance in energy
production, with the expansion of domestic crude oil and other
petroleum product production contributing to enhanced energy
security and significant economic benefits to the national
economy.
(2) In 2015, Congress recognized the need to adapt to
changing crude oil market conditions and repealed all
restrictions on the export of crude oil on a bipartisan basis.
(3) Section 101 of title I of division O of the
Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a)
established the national policy on oil export restriction,
prohibiting any official of the Federal Government from
imposing or enforcing any restrictions on the export of crude
oil with limited exceptions, including a savings clause
maintaining the authority to prohibit exports under any
provision of law that imposes sanctions on a foreign person or
foreign government (including any provision of law that
prohibits or restricts United States persons from engaging in a
transaction with a sanctioned person or government), including
a foreign government that is designated as a state sponsor of
terrorism.
(4) Lifting the restrictions on crude oil exports
encouraged additional domestic energy production, created
American jobs and economic development, and allowed the United
States to emerge as the leading oil producer in the world.
(5) In 2019, the United States became a net exporter of
petroleum products for the first time since 1952, and the
reliance of the United States on foreign imports of petroleum
products has declined to historic lows.
(6) Free trade, open markets, and competition have
contributed to the rise of the United States as a global energy
superpower.
(b) Sense of Congress.--It is the sense of Congress that the
Federal Government should not impose--
(1) overly restrictive regulations on the exploration,
production, or marketing of energy resources; or
(2) any restrictions on the export of crude oil or other
petroleum products under the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), except with respect to the export of
crude oil or other petroleum products to a foreign person or
foreign government subject to sanctions under any provision of
United States law, including to a country the government of
which is designated as a state sponsor of terrorism.
SEC. 10007. UNLOCKING OUR DOMESTIC LNG POTENTIAL.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended--
(1) by striking subsections (a) through (c);
(2) by redesignating subsections (e) and (f) as subsections
(a) and (b), respectively;
(3) by redesignating subsection (d) as subsection (c), and
moving such subsection after subsection (b), as so
redesignated;
(4) in subsection (a), as so redesignated, by amending
paragraph (1) to read as follows: ``(1) The Federal Energy
Regulatory Commission (in this subsection referred to as the
`Commission') shall have the exclusive authority to approve or
deny an application for authorization for the siting,
construction, expansion, or operation of a facility to export
natural gas from the United States to a foreign country or
import natural gas from a foreign country, including an LNG
terminal. In determining whether to approve or deny an
application under this paragraph, the Commission shall deem the
exportation or importation of natural gas to be consistent with
the public interest. Except as specifically provided in this
Act, nothing in this Act is intended to affect otherwise
applicable law related to any Federal agency's authorities or
responsibilities related to facilities to import or export
natural gas, including LNG terminals.''; and
(5) by adding at the end the following new subsection:
``(d)(1) Nothing in this Act limits the authority of the President
under the Constitution, the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601
et seq.), part B of title II of the Energy Policy and Conservation Act
(42 U.S.C. 6271 et seq.), the Trading With the Enemy Act (50 U.S.C.
4301 et seq.), or any other provision of law that imposes sanctions on
a foreign person or foreign government (including any provision of law
that prohibits or restricts United States persons from engaging in a
transaction with a sanctioned person or government), including a
country that is designated as a state sponsor of terrorism, to prohibit
imports or exports.
``(2) In this subsection, the term `state sponsor of terrorism'
means a country the government of which the Secretary of State
determines has repeatedly provided support for international terrorism
pursuant to--
``(A) section 1754(c)(1)(A) of the Export Control Reform
Act of 2018 (50 U.S.C. 4318(c)(1)(A));
``(B) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371);
``(C) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
``(D) any other provision of law.''.
SEC. 10008. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE DENIAL OF
JORDAN COVE PERMITS.
(a) Findings.--Congress finds the following:
(1) On March 19, 2020, the Federal Energy Regulatory
Commission granted two Federal permits to Jordan Cove Energy
Project, L.P., to site, construct, and operate a new liquefied
natural gas export terminal in Coos County, Oregon.
(2) On the same day, the Federal Energy Regulatory
Commission issued a certificate of public convenience and
necessity to Pacific Connector Gas Pipeline, L.P., to construct
and operate the proposed Pacific Connector Pipeline in the
counties of Klamath, Jackson, Douglas, and Coos of Oregon.
(3) The State of Oregon denied the permits and the
certificate necessary for these projects.
(b) Sense of Congress.--It is the sense of Congress that Congress
disapproves of the denial of these permits by the State of Oregon.
SEC. 10009. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF NATURAL
GAS PIPELINES.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Federal authorization.--The term ``Federal
authorization'' has the meaning given that term in section
15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
(3) NEPA review.--The term ``NEPA review'' means the
process of reviewing a proposed Federal action under section
102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(4) Project-related nepa review.--The term ``project-
related NEPA review'' means any NEPA review required to be
conducted with respect to the issuance of an authorization
under section 3 of the Natural Gas Act or a certificate of
public convenience and necessity under section 7 of such Act.
(b) Commission NEPA Review Responsibilities.--In acting as the lead
agency under section 15(b)(1) of the Natural Gas Act for the purposes
of complying with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to an authorization under section 3
of the Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act, the Commission shall, in
accordance with this section and other applicable Federal law--
(1) be the only lead agency;
(2) coordinate as early as practicable with each agency
designated as a participating agency under subsection (d)(3) to
ensure that the Commission develops information in conducting
its project-related NEPA review that is usable by the
participating agency in considering an aspect of an application
for a Federal authorization for which the agency is
responsible; and
(3) take such actions as are necessary and proper to
facilitate the expeditious resolution of its project-related
NEPA review.
(c) Deference to Commission.--In making a decision with respect to
a Federal authorization required with respect to an application for
authorization under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of such Act, each
agency shall give deference, to the maximum extent authorized by law,
to the scope of the project-related NEPA review that the Commission
determines to be appropriate.
(d) Participating Agencies.--
(1) Identification.--The Commission shall identify, not
later than 30 days after the Commission receives an application
for an authorization under section 3 of the Natural Gas Act or
a certificate of public convenience and necessity under section
7 of such Act, any Federal or State agency, local government,
or Indian Tribe that may issue a Federal authorization or is
required by Federal law to consult with the Commission in
conjunction with the issuance of a Federal authorization
required for such authorization or certificate.
(2) Invitation.--
(A) In general.--Not later than 45 days after the
Commission receives an application for an authorization
under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of
such Act, the Commission shall invite any agency
identified under paragraph (1) to participate in the
review process for the applicable Federal
authorization.
(B) Deadline.--An invitation issued under
subparagraph (A) shall establish a deadline by which a
response to the invitation shall be submitted to the
Commission, which may be extended by the Commission for
good cause.
(3) Designation as participating agencies.--Not later than
60 days after the Commission receives an application for an
authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7
of such Act, the Commission shall designate an agency
identified under paragraph (1) as a participating agency with
respect to an application for authorization under section 3 of
the Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act unless the agency informs
the Commission, in writing, by the deadline established
pursuant to paragraph (2)(B), that the agency--
(A) has no jurisdiction or authority with respect
to the applicable Federal authorization;
(B) has no special expertise or information
relevant to any project-related NEPA review; or
(C) does not intend to submit comments for the
record for the project-related NEPA review conducted by
the Commission.
(4) Effect of non-designation.--
(A) Effect on agency.--Any agency that is not
designated as a participating agency under paragraph
(3) with respect to an application for an authorization
under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of
such Act may not request or conduct a NEPA review that
is supplemental to the project-related NEPA review
conducted by the Commission, unless the agency--
(i) demonstrates that such review is
legally necessary for the agency to carry out
responsibilities in considering an aspect of an
application for a Federal authorization; and
(ii) requires information that could not
have been obtained during the project-related
NEPA review conducted by the Commission.
(B) Comments; record.--The Commission shall not,
with respect to an agency that is not designated as a
participating agency under paragraph (3) with respect
to an application for an authorization under section 3
of the Natural Gas Act or a certificate of public
convenience and necessity under section 7 of such Act--
(i) consider any comments or other
information submitted by such agency for the
project-related NEPA review conducted by the
Commission; or
(ii) include any such comments or other
information in the record for such project-
related NEPA review.
(e) Water Quality Impacts.--
(1) In general.--Notwithstanding section 401 of the Federal
Water Pollution Control Act (33 U.S.C. 1341), an applicant for
a Federal authorization shall not be required to provide a
certification under such section with respect to the Federal
authorization.
(2) Coordination.--With respect to any NEPA review for a
Federal authorization to conduct an activity that will directly
result in a discharge into the navigable waters (within the
meaning of the Federal Water Pollution Control Act), the
Commission shall identify as an agency under subsection (d)(1)
the State in which the discharge originates or will originate,
or, if appropriate, the interstate water pollution control
agency having jurisdiction over the navigable waters at the
point where the discharge originates or will originate.
(3) Proposed conditions.--A State or interstate agency
designated as a participating agency pursuant to paragraph (2)
may propose to the Commission terms or conditions for inclusion
in an authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7
of such Act that the State or interstate agency determines are
necessary to ensure that any activity described in paragraph
(2) conducted pursuant to such authorization or certification
will comply with the applicable provisions of sections 301,
302, 303, 306, and 307 of the Federal Water Pollution Control
Act.
(4) Commission consideration of conditions.--The Commission
may include a term or condition in an authorization under
section 3 of the Natural Gas Act or a certificate of public
convenience and necessity under section 7 of such Act proposed
by a State or interstate agency under paragraph (3) only if the
Commission finds that the term or condition is necessary to
ensure that any activity described in paragraph (2) conducted
pursuant to such authorization or certification will comply
with the applicable provisions of sections 301, 302, 303, 306,
and 307 of the Federal Water Pollution Control Act.
(f) Schedule.--
(1) Deadline for federal authorizations.--A deadline for a
Federal authorization required with respect to an application
for authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7
of such Act set by the Commission under section 15(c)(1) of
such Act shall be not later than 90 days after the Commission
completes its project-related NEPA review, unless an applicable
schedule is otherwise established by Federal law.
(2) Concurrent reviews.--Each Federal and State agency--
(A) that may consider an application for a Federal
authorization required with respect to an application
for authorization under section 3 of the Natural Gas
Act or a certificate of public convenience and
necessity under section 7 of such Act shall formulate
and implement a plan for administrative, policy, and
procedural mechanisms to enable the agency to ensure
completion of Federal authorizations in compliance with
schedules established by the Commission under section
15(c)(1) of such Act; and
(B) in considering an aspect of an application for
a Federal authorization required with respect to an
application for authorization under section 3 of the
Natural Gas Act or a certificate of public convenience
and necessity under section 7 of such Act, shall--
(i) formulate and implement a plan to
enable the agency to comply with the schedule
established by the Commission under section
15(c)(1) of such Act;
(ii) carry out the obligations of that
agency under applicable law concurrently, and
in conjunction with, the project-related NEPA
review conducted by the Commission, and in
compliance with the schedule established by the
Commission under section 15(c)(1) of such Act,
unless the agency notifies the Commission in
writing that doing so would impair the ability
of the agency to conduct needed analysis or
otherwise carry out such obligations;
(iii) transmit to the Commission a
statement--
(I) acknowledging receipt of the
schedule established by the Commission
under section 15(c)(1) of the Natural
Gas Act; and
(II) setting forth the plan
formulated under clause (i) of this
subparagraph;
(iv) not later than 30 days after the
agency receives such application for a Federal
authorization, transmit to the applicant a
notice--
(I) indicating whether such
application is ready for processing;
and
(II) if such application is not
ready for processing, that includes a
comprehensive description of the
information needed for the agency to
determine that the application is ready
for processing;
(v) determine that such application for a
Federal authorization is ready for processing
for purposes of clause (iv) if such application
is sufficiently complete for the purposes of
commencing consideration, regardless of whether
supplemental information is necessary to enable
the agency to complete the consideration
required by law with respect to such
application; and
(vi) not less often than once every 90
days, transmit to the Commission a report
describing the progress made in considering
such application for a Federal authorization.
(3) Failure to meet deadline.--If a Federal or State
agency, including the Commission, fails to meet a deadline for
a Federal authorization set forth in the schedule established
by the Commission under section 15(c)(1) of the Natural Gas
Act, not later than 5 days after such deadline, the head of the
relevant Federal agency (including, in the case of a failure by
a State agency, the Federal agency overseeing the delegated
authority) shall notify Congress and the Commission of such
failure and set forth a recommended implementation plan to
ensure completion of the action to which such deadline applied.
(g) Consideration of Applications for Federal Authorization.--
(1) Issue identification and resolution.--
(A) Identification.--Federal and State agencies
that may consider an aspect of an application for a
Federal authorization shall identify, as early as
possible, any issues of concern that may delay or
prevent an agency from working with the Commission to
resolve such issues and granting such authorization.
(B) Issue resolution.--The Commission may forward
any issue of concern identified under subparagraph (A)
to the heads of the relevant agencies (including, in
the case of an issue of concern that is a failure by a
State agency, the Federal agency overseeing the
delegated authority, if applicable) for resolution.
(2) Remote surveys.--If a Federal or State agency
considering an aspect of an application for a Federal
authorization requires the person applying for such
authorization to submit data, the agency shall consider any
such data gathered by aerial or other remote means that the
person submits. The agency may grant a conditional approval for
the Federal authorization based on data gathered by aerial or
remote means, conditioned on the verification of such data by
subsequent onsite inspection.
(3) Application processing.--The Commission, and Federal
and State agencies, may allow a person applying for a Federal
authorization to fund a third-party contractor to assist in
reviewing the application for such authorization.
(h) Accountability, Transparency, Efficiency.--For an application
for an authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7 of such
Act that requires multiple Federal authorizations, the Commission, with
input from any Federal or State agency considering an aspect of the
application, shall track and make available to the public on the
Commission's website information related to the actions required to
complete the Federal authorizations. Such information shall include the
following:
(1) The schedule established by the Commission under
section 15(c)(1) of the Natural Gas Act.
(2) A list of all the actions required by each applicable
agency to complete permitting, reviews, and other actions
necessary to obtain a final decision on the application.
(3) The expected completion date for each such action.
(4) A point of contact at the agency responsible for each
such action.
(5) In the event that an action is still pending as of the
expected date of completion, a brief explanation of the reasons
for the delay.
(i) Pipeline Security.--In considering an application for an
authorization under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of such Act, the
Federal Energy Regulatory Commission shall consult with the
Administrator of the Transportation Security Administration regarding
the applicant's compliance with security guidance and best practice
recommendations of the Administration regarding pipeline infrastructure
security, pipeline cybersecurity, pipeline personnel security, and
other pipeline security measures.
(j) Withdrawal of Policy Statements.--The Federal Energy Regulatory
Commission shall withdraw--
(1) the updated policy statement titled ``Certification of
New Interstate Natural Gas Facilities'' published in the
Federal Register on March 1, 2022 (87 Fed. Reg. 11548); and
(2) the interim policy statement titled ``Consideration of
Greenhouse Gas Emissions in Natural Gas Infrastructure Project
Reviews'' published in the Federal Register on March 11, 2022
(87 Fed. Reg. 14104).
SEC. 10010. INTERIM HAZARDOUS WASTE PERMITS FOR CRITICAL ENERGY
RESOURCE FACILITIES.
Section 3005(e) of the Solid Waste Disposal Act (42 U.S.C. 6925(e))
is amended--
(1) in paragraph (1)(A)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by inserting ``or'' after
``this section,''; and
(C) by adding at the end the following:
``(iii) is a critical energy resource facility,'';
and
(2) by adding at the end the following:
``(4) Definitions.--For the purposes of this subsection:
``(A) Critical energy resource.--The term `critical energy
resource' means, as determined by the Secretary of Energy, any
energy resource--
``(i) that is essential to the energy sector and
energy systems of the United States; and
``(ii) the supply chain of which is vulnerable to
disruption.
``(B) Critical energy resource facility.--The term
`critical energy resource facility' means a facility that
processes or refines a critical energy resource.''.
SEC. 10011. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY RESOURCE
FACILITIES.
(a) In General.--The Administrator of the Environmental Protection
Agency shall, as necessary, revise regulations under parts 70 and 71 of
title 40, Code of Federal Regulations, to--
(1) authorize the owner or operator of a critical energy
resource facility to utilize flexible air permitting (as
described in the final rule titled ``Operating Permit Programs;
Flexible Air Permitting Rule'' published by the Environmental
Protection Agency in the Federal Register on October 6, 2009
(74 Fed. Reg. 51418)) with respect to such critical energy
resource facility; and
(2) facilitate flexible, market-responsive operations (as
described in the final rule identified in paragraph (1)) with
respect to critical energy resource facilities.
(b) Definitions.--In this section:
(1) Critical energy resource.--The term ``critical energy
resource'' means, as determined by the Secretary of Energy, any
energy resource--
(A) that is essential to the energy sector and
energy systems of the United States; and
(B) the supply chain of which is vulnerable to
disruption.
(2) Critical energy resource facility.--The term ``critical
energy resource facility'' means a facility that processes or
refines a critical energy resource.
SEC. 10012. NATIONAL SECURITY OR ENERGY SECURITY WAIVERS TO PRODUCE
CRITICAL ENERGY RESOURCES.
(a) Clean Air Act Requirements.--
(1) In general.--If the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Energy, determines that, by reason of a sudden increase in
demand for, or a shortage of, a critical energy resource, or
another cause, the processing or refining of a critical energy
resource at a critical energy resource facility is necessary to
meet the national security or energy security needs of the
United States, then the Administrator may, with or without
notice, hearing, or other report, issue a temporary waiver of
any requirement under the Clean Air Act (42 U.S.C. 7401 et
seq.) with respect to such critical energy resource facility
that, in the judgment of the Administrator, will allow for such
processing or refining at such critical energy resource
facility as necessary to best meet such needs and serve the
public interest.
(2) Conflict with other environmental laws.--The
Administrator shall ensure that any waiver of a requirement
under the Clean Air Act under this subsection, to the maximum
extent practicable, does not result in a conflict with a
requirement of any other applicable Federal, State, or local
environmental law or regulation and minimizes any adverse
environmental impacts.
(3) Violations of other environmental laws.--To the extent
any omission or action taken by a party under a waiver issued
under this subsection is in conflict with any requirement of a
Federal, State, or local environmental law or regulation, such
omission or action shall not be considered a violation of such
environmental law or regulation, or subject such party to any
requirement, civil or criminal liability, or a citizen suit
under such environmental law or regulation.
(4) Expiration and renewal of waivers.--A waiver issued
under this subsection shall expire not later than 90 days after
it is issued. The Administrator may renew or reissue such
waiver pursuant to paragraphs (1) and (2) for subsequent
periods, not to exceed 90 days for each period, as the
Administrator determines necessary to meet the national
security or energy security needs described in paragraph (1)
and serve the public interest. In renewing or reissuing a
waiver under this paragraph, the Administrator shall include in
any such renewed or reissued waiver such conditions as are
necessary to minimize any adverse environmental impacts to the
extent practicable.
(5) Subsequent action by court.--If a waiver issued under
this subsection is subsequently stayed, modified, or set aside
by a court pursuant a provision of law, any omission or action
previously taken by a party under the waiver while the waiver
was in effect shall remain subject to paragraph (3).
(6) Critical energy resource; critical energy resource
facility defined.--The terms ``critical energy resource'' and
``critical energy resource facility'' have the meanings given
such terms in section 3025(f) of the Solid Waste Disposal Act
(as added by this section).
(b) Solid Waste Disposal Act Requirements.--
(1) Hazardous waste management.--The Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) is amended by inserting after
section 3024 the following:
``SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE FACILITIES.
``(a) In General.--If the Administrator, in consultation with the
Secretary of Energy, determines that, by reason of a sudden increase in
demand for, or a shortage of, a critical energy resource, or another
cause, the processing or refining of a critical energy resource at a
critical energy resource facility is necessary to meet the national
security or energy security needs of the United States, then the
Administrator may, with or without notice, hearing, or other report,
issue a temporary waiver of any covered requirement with respect to
such critical energy resource facility that, in the judgment of the
Administrator, will allow for such processing or refining at such
critical energy resource facility as necessary to best meet such needs
and serve the public interest.
``(b) Conflict With Other Environmental Laws.--The Administrator
shall ensure that any waiver of a covered requirement under this
section, to the maximum extent practicable, does not result in a
conflict with a requirement of any other applicable Federal, State, or
local environmental law or regulation and minimizes any adverse
environmental impacts.
``(c) Violations of Other Environmental Laws.--To the extent any
omission or action taken by a party under a waiver issued under this
section is in conflict with any requirement of a Federal, State, or
local environmental law or regulation, such omission or action shall
not be considered a violation of such environmental law or regulation,
or subject such party to any requirement, civil or criminal liability,
or a citizen suit under such environmental law or regulation.
``(d) Expiration and Renewal of Waivers.--A waiver issued under
this section shall expire not later than 90 days after it is issued.
The Administrator may renew or reissue such waiver pursuant to
subsections (a) and (b) for subsequent periods, not to exceed 90 days
for each period, as the Administrator determines necessary to meet the
national security or energy security needs described in subsection (a)
and serve the public interest. In renewing or reissuing a waiver under
this subsection, the Administrator shall include in any such renewed or
reissued waiver such conditions as are necessary to minimize any
adverse environmental impacts to the extent practicable.
``(e) Subsequent Action by Court.--If a waiver issued under this
section is subsequently stayed, modified, or set aside by a court
pursuant a provision of law, any omission or action previously taken by
a party under the waiver while the waiver was in effect shall remain
subject to subsection (c).
``(f) Definitions.--In this section:
``(1) Covered requirement.--The term `covered requirement'
means--
``(A) any standard established under section 3002,
3003, or 3004;
``(B) the permit requirement under section 3005; or
``(C) any other requirement of this Act, as the
Administrator determines appropriate.
``(2) Critical energy resource.--The term `critical energy
resource' means, as determined by the Secretary of Energy, any
energy resource--
``(A) that is essential to the energy sector and
energy systems of the United States; and
``(B) the supply chain of which is vulnerable to
disruption.
``(3) Critical energy resource facility.--The term
`critical energy resource facility' means a facility that
processes or refines a critical energy resource.''.
(2) Table of contents.--The table of contents of the Solid
Waste Disposal Act is amended by inserting after the item
relating to section 3024 the following:
``Sec. 3025. Waivers for critical energy resource facilities.''.
SEC. 10013. NATURAL GAS TAX REPEAL.
(a) Repeal.--Section 136 of the Clean Air Act (42 U.S.C.
7436)(relating to methane emissions and waste reduction incentive
program for petroleum and natural gas systems) is repealed.
(b) Rescission.--The unobligated balance of any amounts made
available under section 136 of the Clean Air Act (42 U.S.C. 7436)(as in
effect on the day before the date of enactment of this Act) is
rescinded.
SEC. 10014. REPEAL OF GREENHOUSE GAS REDUCTION FUND.
(a) Repeal.--Section 134 of the Clean Air Act (42 U.S.C.
7434)(relating to the greenhouse gas reduction fund) is repealed.
(b) Rescission.--The unobligated balance of any amounts made
available under section 134 of the Clean Air Act (42 U.S.C. 7434)(as in
effect on the day before the date of enactment of this Act) is
rescinded.
(c) Conforming Amendment.--Section 60103 of Public Law 117-169
(relating to the greenhouse gas reduction fund) is repealed.
SEC. 10015. ENDING FUTURE DELAYS IN CHEMICAL SUBSTANCE REVIEW FOR
CRITICAL ENERGY RESOURCES.
Section 5(a) of the Toxic Substances Control Act (15 U.S.C.
2604(a)) is amended by adding at the end the following:
``(6) Critical energy resources.--
``(A) Standard.--For purposes of a determination
under paragraph (3) with respect to a chemical
substance that is a critical energy resource, the
Administrator shall take into consideration economic,
societal, and environmental costs and benefits,
notwithstanding any requirement of this section to not
take such factors into consideration.
``(B) Failure to render determination.--
``(i) Actions authorized.--If, with respect
to a chemical substance that is a critical
energy resource, the Administrator fails to
make a determination on a notice under
paragraph (3) by the end of the applicable
review period and the notice has not been
withdrawn by the submitter, the submitter may
take the actions described in paragraph (1)(A)
with respect to the chemical substance, and the
Administrator shall be relieved of any
requirement to make such determination.
``(ii) Non-duplication.--A refund of
applicable fees under paragraph (4)(A) shall
not be made if a submitter takes an action
described in paragraph (1)(A) under this
subparagraph.
``(C) Prerequisite for suggestion of withdrawal or
suspension.--The Administrator may not suggest to, or
request of, a submitter of a notice under this
subsection for a chemical substance that is a critical
energy resource that such submitter withdraw such
notice, or request a suspension of the running of the
applicable review period with respect to such notice,
unless the Administrator has--
``(i) conducted a preliminary review of
such notice; and
``(ii) provided to the submitter a draft of
a determination under paragraph (3), including
any supporting information.
``(D) Definition.--For purposes of this paragraph,
the term `critical energy resource' means, as
determined by the Secretary of Energy, any energy
resource--
``(i) that is essential to the energy
sector and energy systems of the United States;
and
``(ii) the supply chain of which is
vulnerable to disruption.''.
SEC. 10016. KEEPING AMERICA'S REFINERIES OPERATING.
(a) In General.--The owner or operator of a stationary source
described in subsection (b) of this section shall not be required by
the regulations promulgated under section 112(r)(7)(B) of the Clean Air
Act (42 U.S.C. 7412(r)(7)(B)) to include in any hazard assessment under
clause (ii) of such section 112(r)(7)(B) an assessment of safer
technology and alternative risk management measures with respect to the
use of hydrofluoric acid in an alkylation unit.
(b) Stationary Source Described.--A stationary source described in
this subsection is a stationary source (as defined in section
112(r)(2)(C) of the Clean Air Act (42 U.S.C. 7412(r)(2)(C)) in North
American Industry Classification System code 324--
(1) for which a construction permit or operating permit has
been issued pursuant to the Clean Air Act (42 U.S.C. 7401 et
seq.); or
(2) for which the owner or operator demonstrates to the
Administrator of the Environmental Protection Agency that such
stationary source conforms or will conform to the most recent
version of American Petroleum Institute Recommended Practice
751.
SEC. 10017. HOMEOWNER ENERGY FREEDOM.
(a) In General.--The following are repealed:
(1) Section 50122 of Public Law 117-169 (42 U.S.C. 18795a)
(relating to a high-efficiency electric home rebate program).
(2) Section 50123 of Public Law 117-169 (42 U.S.C. 18795b)
(relating to State-based home energy efficiency contractor
training grants).
(3) Section 50131 of Public Law 117-169 (136 Stat. 2041)
(relating to assistance for latest and zero building energy
code adoption).
(b) Rescissions.--The unobligated balances of any amounts made
available under each of sections 50122, 50123, and 50131 of Public Law
117-169 (42 U.S.C. 18795a, 18795b; 136 Stat. 2041) (as in effect on the
day before the date of enactment of this Act) are rescinded.
(c) Conforming Amendment.--Section 50121(c)(7) of Public Law 117-
169 (42 U.S.C. 18795(c)(7)) is amended by striking ``, including a
rebate provided under a high-efficiency electric home rebate program
(as defined in section 50122(d)),''.
SEC. 10018. STUDY.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Energy, in consultation with the Nuclear Regulatory
Commission, shall conduct a study on how to streamline regulatory
timelines relating to developing new power plants by examining
practices relating to various power generating sources, including
fossil and nuclear generating sources.
SEC. 10019. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.
(a) Amendments.--Section 1422(b) of the Safe Drinking Water Act (42
U.S.C. 300h-1(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``Within ninety days'' and
inserting ``(A) Within ninety days'';
(B) by striking ``and after reasonable opportunity
for presentation of views''; and
(C) by adding at the end the following:
``(B) If, after 270 calendar days of a State's application being
submitted under paragraph (1)(A) or notice being submitted under
paragraph (1)(B), the Administrator has not, pursuant to subparagraph
(A), by rule approved, disapproved, or approved in part and disapproved
in part the State's underground injection control program--
``(i) the Administrator shall transmit, in writing, to the
State a detailed explanation as to the status of the
application or notice; and
``(ii) the State's underground injection control program
shall be deemed approved under this section if--
``(I) the Administrator has not after another 30
days, pursuant to subparagraph (A), by rule approved,
disapproved, or approved in part and disapproved in
part the State's underground injection control program;
and
``(II) the State has established and implemented an
effective program (including adequate recordkeeping and
reporting) to prevent underground injection which
endangers drinking water sources.'';
(2) by amending paragraph (4) to read as follows:
``(4) Before promulgating any rule under paragraph (2) or (3) of
this subsection, the Administrator shall--
``(A) provide a reasonable opportunity for presentation of
views with respect to such rule, including a public hearing and
a public comment period; and
``(B) publish in the Federal Register notice of the
reasonable opportunity for presentation of views provided under
subparagraph (A).''; and
(3) by adding at the end the following:
``(5) Preapplication Activities.--The Administrator shall work as
expeditiously as possible with States to complete any necessary
activities relevant to the submission of an application under paragraph
(1)(A) or notice under paragraph (1)(B), taking into consideration the
need for a complete and detailed submission.
``(6) Application Coordination for Class VI Wells.--With respect to
the underground injection control program for Class VI wells (as
defined in section 40306(a) of the Infrastructure Investment and Jobs
Act (42 U.S.C. 300h-9(a))), the Administrator shall designate one
individual at the Agency from each regional office to be responsible
for coordinating--
``(A) the completion of any necessary activities prior to
the submission of an application under paragraph (1)(A) or
notice under paragraph (1)(B), in accordance with paragraph
(5);
``(B) the review of an application submitted under
paragraph (1)(A) or notice submitted under paragraph (1)(B);
``(C) any reasonable opportunity for presentation of views
provided under paragraph (4)(A) and any notice published under
paragraph (4)(B); and
``(D) pursuant to the recommendations included in the
report required under paragraph (7), the hiring of additional
staff to carry out subparagraphs (A) through (C).
``(7) Evaluation of Resources.--
``(A) In general.--Not later than 90 days after the date of
enactment of this paragraph, the individual designated under
paragraph (6) shall transmit to the appropriate Congressional
committees a report, including recommendations, regarding the--
``(i) availability of staff and resources to
promptly carry out the requirements of paragraph (6);
and
``(ii) additional funding amounts needed to do so.
``(B) Appropriate congressional committees defined.--In
this paragraph, the term `appropriate Congressional Committees'
means--
``(i) in the Senate--
``(I) the Committee on Environment and
Public Works; and
``(II) the Committee on Appropriations; and
``(ii) in the House of Representatives--
``(I) the Committee on Energy and Commerce;
and
``(II) the Committee on Appropriations.''.
(b) Funding.--In each of fiscal years 2023 through 2026, amounts
made available by title VI of division J of the Infrastructure
Investment and Jobs Act under paragraph (7) of the heading
``Environmental Protection Agency--State and Tribal Assistance Grants''
(Public Law 117-58; 135 Stat. 1402) may also be made available, subject
to appropriations, to carry out paragraphs (5), (6), and (7) of section
1422(b) of the Safe Drinking Water Act, as added by this section.
(c) Rule of Construction.--The amendments made by this section
shall--
(1) apply to all applications submitted to the
Environmental Protection Agency after the date of enactment of
this Act to establish an underground injection control program
under section 1422(b) of the Safe Drinking Water Act (42 U.S.C.
300h-1); and
(2) with respect to such applications submitted prior to
the date of enactment of this Act, the 270 and 300 day
deadlines under section 1422(b)(2)(B) of the Safe Drinking
Water Act, as added by this section, shall begin on the date of
enactment of this Act.
SEC. 10020. USE OF INDEX-BASED PRICING IN ACQUISITION OF PETROLEUM
PRODUCTS FOR THE SPR.
Section 160(c) of the Energy Policy and Conservation Act (42 U.S.C.
6240(c)) is amended--
(1) by redesignating paragraphs (1) through (6) as clauses
(i) through (vi), respectively (and adjusting the margins
accordingly);
(2) by striking ``The Secretary shall'' and inserting the
following:
``(1) In general.--The Secretary shall''; and
(3) by striking ``Such procedures shall take into account
the need to--'' and inserting the following:
``(2) Inclusions.--Procedures developed under this
subsection shall--
``(A) require acquisition of petroleum products
using index-based pricing; and
``(B) take into account the need to--''.
SEC. 10021. PROHIBITION ON CERTAIN EXPORTS.
(a) In General.--The Energy Policy and Conservation Act is amended
by inserting after section 163 (42 U.S.C. 6243) the following:
``SEC. 164. PROHIBITION ON CERTAIN EXPORTS.
``(a) In General.--The Secretary shall prohibit the export or sale
of petroleum products drawn down from the Strategic Petroleum Reserve,
under any provision of law, to--
``(1) the People's Republic of China;
``(2) the Democratic People's Republic of Korea;
``(3) the Russian Federation;
``(4) the Islamic Republic of Iran;
``(5) any other country the government of which is subject
to sanctions imposed by the United States; and
``(6) any entity owned, controlled, or influenced by--
``(A) a country referred to in any of paragraphs
(1) through (5); or
``(B) the Chinese Communist Party.
``(b) Waiver.--The Secretary may issue a waiver of the prohibition
described in subsection (a) if the Secretary certifies that any export
or sale authorized pursuant to the waiver is in the national security
interests of the United States.
``(c) Rule.--Not later than 60 days after the date of enactment of
the Lower Energy Costs Act, the Secretary shall issue a rule to carry
out this section.''.
(b) Conforming Amendments.--
(1) Drawdown and sale of petroleum products.--Section
161(a) of the Energy Policy and Conservation Act (42 U.S.C.
6241(a)) is amended by inserting ``and section 164'' before the
period at the end.
(2) Clerical amendment.--The table of contents for the
Energy Policy and Conservation Act is amended by inserting
after the item relating to section 163 the following:
``Sec. 164. Prohibition on certain exports.''.
SEC. 10022. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE PROPOSED
TAX HIKES ON THE OIL AND NATURAL GAS INDUSTRY IN THE
PRESIDENT'S FISCAL YEAR 2024 BUDGET REQUEST.
(a) Finding.--Congress finds that President Biden's fiscal year
2024 budget request proposes to repeal tax provisions that are vital to
the oil and natural gas industry of the United States, resulting in a
$31,000,000,000 tax hike on oil and natural gas producers in the United
States.
(b) Sense of Congress.--It is the sense of Congress that Congress
disapproves of the proposed tax hike on the oil and natural gas
industry in the President's fiscal year 2024 budget request.
SEC. 10023. DOMESTIC ENERGY INDEPENDENCE REPORT.
Not later than 120 days after the date of enactment of this Act,
the Administrator of the Environmental Protection Agency, in
consultation with the Secretary of Energy, shall submit to Congress a
report that identifies and assesses regulations promulgated by the
Administrator during the 15-year period preceding the date of enactment
of this Act that have--
(1) reduced the energy independence of the United States;
(2) increased the regulatory burden for energy producers in
the United States;
(3) decreased the energy output by such energy producers;
(4) reduced the energy security of the United States; or
(5) increased energy costs for consumers in the United
States.
SEC. 10024. GAO STUDY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study on how
banning natural gas appliances will affect the rates and charges for
electricity.
SEC. 10025. GAS KITCHEN RANGES AND OVENS.
The Secretary of Energy may not finalize, implement, administer, or
enforce the proposed rule titled ``Energy Conservation Program: Energy
Conservation Standards for Consumer Conventional Cooking Products;
Supplemental notice of proposed rulemaking and announcement of public
meeting'' (88 Fed. Reg. 6818; published February 1, 2023) with respect
to energy conservation standards for gas kitchen ranges and ovens, or
any substantially similar rule, including any rule that would directly
or indirectly limit consumer access to gas kitchen ranges and ovens.
TITLE II--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF
AMERICAN RESOURCES
SEC. 20001. SHORT TITLE.
This title may be cited as the ``Transparency, Accountability,
Permitting, and Production of American Resources Act'' or the ``TAPP
American Resources Act''.
Subtitle A--Onshore and Offshore Leasing and Oversight
SEC. 20101. ONSHORE OIL AND GAS LEASING.
(a) Requirement To Immediately Resume Onshore Oil and Gas Lease
Sales.--
(1) In general.--The Secretary of the Interior shall
immediately resume 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.''.
(b) Quarterly Lease Sales.--
(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.
SEC. 20102. LEASE REINSTATEMENT.
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)).
SEC. 20103. PROTESTED LEASE SALES.
Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C.
226(b)(1)(A)) is amended by inserting ``The 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.''.
SEC. 20104. SUSPENSION OF OPERATIONS.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by
adding at the end the following:
``(r) Suspension of Operations Permits.--In the event that an oil
and gas lease owner has submitted an 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.''.
SEC. 20105. ADMINISTRATIVE PROTEST PROCESS REFORM.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is further
amended by adding at the end the following:
``(s) Protest Filing Fee.--
``(1) In general.--Before processing any 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.
``(3) Adjustment.--
``(A) In general.--Beginning on January 1, 2024,
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.''.
SEC. 20106. LEASING AND PERMITTING TRANSPARENCY.
(a) Report.--Not later than 30 days after the date of the enactment
of this section, and annually thereafter, the Secretary of the Interior
shall submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the 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 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 No. 14008 (86 Fed. Reg. 7624; relating to
tackling the climate crisis at home and abroad).
(2) Inclusions.--The submission under paragraph (1) shall
include all documents and communications submitted to the
Secretary of the Interior by members of the public in response
to any public meeting or forum relating to the comprehensive
review described in that paragraph.
SEC. 20107. OFFSHORE OIL AND GAS LEASING.
(a) In General.--The Secretary shall conduct all lease sales
described in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing
Proposed Final Program (November 2016) that have not been conducted as
of the date of 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.
SEC. 20108. FIVE-YEAR PLAN FOR OFFSHORE OIL AND GAS LEASING.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended--
(1) in subsection (a)--
(A) by striking ``subsections (c) and (d) of this
section, shall prepare and periodically revise,'' and
inserting ``this section, shall issue every five
years'';
(B) by adding at the end the following:
``(5) Each five-year program shall include at least two
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.''.
SEC. 20109. GEOTHERMAL LEASING.
(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.''.
SEC. 20110. LEASING FOR CERTAIN QUALIFIED COAL APPLICATIONS.
(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.
SEC. 20111. FUTURE COAL LEASING.
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.
SEC. 20112. STAFF PLANNING REPORT.
The Secretary of the Interior and the Secretary of Agriculture
shall each annually submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the staffing capacity of each
respective agency with respect to issuing oil, gas, 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 technological
needs and 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.
SEC. 20113. PROHIBITION ON CHINESE COMMUNIST PARTY OWNERSHIP INTEREST.
Notwithstanding any other provision of law, the Communist Party of
China (or a person acting on behalf of the Community Party of China),
any entity subject to the jurisdiction of the Government of the
People's Republic of China, or any entity that is owned by the
Government of the People's Republic of China, may not acquire any
interest with respect to lands leased for oil or gas under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) or American farmland or any lands
used for American renewable energy production, or acquire claims
subject to the General Mining Law of 1872.
SEC. 20114. EFFECT ON OTHER LAW.
Nothing in this title, or any amendments made by this title, shall
affect--
(1) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas of the United States Outer
Continental Shelf From Leasing Disposition'' and dated
September 8, 2020;
(2) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas of the United States Outer
Continental Shelf From Leasing Disposition'' and dated
September 25, 2020;
(3) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas off the Atlantic Coast on the Outer
Continental Shelf From Leasing Disposition'' and dated December
20, 2016; or
(4) the ban on oil and gas development in the Great Lakes
described in section 386 of the Energy Policy Act of 2005 (42
U.S.C. 15941).
SEC. 20115. REQUIREMENT FOR GAO REPORT ON WIND ENERGY IMPACTS.
The Secretary of the Interior shall not publish a notice for a wind
lease sale or hold a lease sale for wind energy development in the
Eastern Gulf of Mexico Planning Area, the South Atlantic Planning Area,
or the Straits of Florida Planning Area (as described in the 2017-2022
Outer Continental Shelf Oil and Gas Leasing Proposed Final Program
(November 2016)) until the Comptroller General of the United States
publishes a report on all potential adverse effects of wind energy
development in such areas, including associated infrastructure and
vessel traffic, on--
(1) military readiness and training activities in the
Planning Areas described in this section, including activities
within or related to the Eglin Test and Training Complex and
the Jacksonville Range Complex;
(2) marine environment and ecology, including species
listed as endangered or threatened under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or designated as depleted
under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.) in the Planning Areas described in this section; and
(3) tourism, including the economic impacts that a decrease
in tourism may have on the communities adjacent to the Planning
Areas described in this section.
SEC. 20116. SENSE OF CONGRESS ON WIND ENERGY DEVELOPMENT SUPPLY CHAIN.
It is the sense of Congress that--
(1) wind energy development on Federal lands and waters is
a burgeoning industry in the United States;
(2) major components of wind infrastructure, including
turbines, are imported in large quantities from other countries
including countries that are national security threats, such as
the Government of the People's Republic of China;
(3) it is in the best interest of the United States to
foster and support domestic supply chains across sectors to
promote American energy independence;
(4) the economic and manufacturing opportunities presented
by wind turbine construction and component manufacturing should
be met by American workers and materials that are sourced
domestically to the greatest extent practicable; and
(5) infrastructure for wind energy development in the
United States should be constructed with materials produced and
manufactured in the United States.
SEC. 20117. SENSE OF CONGRESS ON OIL AND GAS ROYALTY RATES.
It is the sense of Congress that the royalty rate for onshore
Federal oil and gas leases should be not more than 12.5 percent in
amount or value of the production removed or sold from the lease.
SEC. 20118. OFFSHORE WIND ENVIRONMENTAL REVIEW PROCESS STUDY.
(a) In General.--Not later than 60 days after the date of the
enactment of this section, the Comptroller General shall conduct a
study to assess the sufficiency of the environmental review processes
for offshore wind projects in place as of the date of the enactment of
this section of the National Marine Fisheries Service, the Bureau of
Ocean Energy Management, and any other relevant Federal agency.
(b) Contents.--The study required under subsection (a) shall
include consideration of the following:
(1) The impacts of offshore wind projects on--
(A) whales, finfish, and other marine mammals;
(B) benthic resources;
(C) commercial and recreational fishing;
(D) air quality;
(E) cultural, historical, and archaeological
resources;
(F) invertebrates;
(G) essential fish habitat;
(H) military use and navigation and vessel traffic;
(I) recreation and tourism; and
(J) the sustainability of shoreline beaches and
inlets.
(2) The impacts of hurricanes and other severe weather on
offshore wind projects.
(3) How the agencies described in subsection (a) determine
which stakeholders are consulted and if a timely, comprehensive
comment period is provided for local representatives and other
interested parties.
(4) The estimated cost and who pays for offshore wind
projects.
SEC. 20119. GAO REPORT ON WIND ENERGY IMPACTS.
The Comptroller General of the United States shall publish a report
on all potential adverse effects of wind energy development in the
North Atlantic Planning Area (as described in the 2017-2022 Outer
Continental Shelf Oil and Gas Leasing Proposed Final Program (November
2016)), including associated infrastructure and vessel traffic, on--
(1) maritime safety, including the operation of radar
systems;
(2) economic impacts related to commercial fishing
activities; and
(3) marine environment and ecology, including species
listed as endangered or threatened under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or designated as depleted
under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.) in the North Atlantic Planning Area.
Subtitle B--Permitting Streamlining
SEC. 20201. DEFINITIONS.
In this subtitle:
(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)).
SEC. 20202. BUILDER ACT.
(a) Paragraph (2) of Section 102.--Section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
(1) in subparagraph (A), by striking ``insure'' and
inserting ``ensure'';
(2) in subparagraph (B), by striking ``insure'' and
inserting ``ensure'';
(3) in subparagraph (C)--
(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 the agency, another
Federal agency, or 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.
``(b) Levels of Review.--
``(1) Environmental impact statement.--An agency shall
issue an environmental impact statement with respect to a
proposed agency action that has a significant effect on the
quality of the human 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, unless the agency finds that a
categorical exclusion established by the agency, another
Federal agency, or another provision of law applies. Such
environmental assessment shall be a concise public document
prepared by a Federal agency to set 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) Lead Agency.--
``(1) Designation.--
``(A) In general.--If there are two or more
involved Federal agencies, such agencies shall
determine, by letter or memorandum, which agency shall
be the lead agency based on 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.
``(5) Council designation.--
``(A) Request.--Not earlier than 45 days after the
date on which a request is submitted under paragraph
(4), if no designation has been made under paragraph
(1), a Federal, State, Tribal, or local agency or
person that is 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.
``(b) One Document.--
``(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.
``(f) Page Limits.--
``(1) Environmental impact statements.--
``(A) In general.--Except as provided in
subparagraph (B), an environmental impact statement
shall not exceed 150 pages, not 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.
``(h) Deadlines.--
``(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.
``(i) Report.--
``(1) In general.--The head of each lead agency shall
annually submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report that--
``(A) identifies any environmental 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;
``(B) the date on which--
``(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.
``SEC. 108. JUDICIAL REVIEW.
``(a) Limitations on Claims.--Notwithstanding any other provision
of law, a claim arising under Federal law seeking judicial review of
compliance with this Act, of a determination made under this Act, or of
Federal action 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
``(C) the claim--
``(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
``(5) such claim concerns--
``(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.
``SEC. 109. DEFINITIONS.
``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.
``(9) Lead agency.--
``(A) In general.--Except as provided in
subparagraph (B), the term `lead agency' means, with
respect to a proposed agency action--
``(i) the agency that proposed such 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.
``(10) Major federal action.--
``(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) a non-Federal action--
``(I) with no or minimal Federal
funding;
``(II) with no or minimal Federal
involvement where a Federal agency
cannot control the outcome of the
project; or
``(III) that does not include
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.''.
SEC. 20203. CODIFICATION OF NATIONAL ENVIRONMENTAL POLICY ACT
REGULATIONS.
The revisions to the Code of Federal Regulations made pursuant to
the final rule of the Council on Environmental Quality titled ``Update
to the Regulations Implementing the Procedural Provisions of the
National Environmental 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.
SEC. 20204. NON-MAJOR FEDERAL ACTIONS.
(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.
SEC. 20205. NO NET LOSS DETERMINATION FOR EXISTING RIGHTS-OF-WAY.
(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.
SEC. 20206. DETERMINATION OF NATIONAL ENVIRONMENTAL POLICY ACT
ADEQUACY.
The Secretary concerned shall use previously completed
environmental assessments and environmental impact statements to
satisfy the requirements of section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) with respect to any major Federal
action, if such Secretary determines that--
(1) the new proposed action is substantially the same as a
previously analyzed proposed action or alternative analyzed in
a previous environmental assessment or environmental impact
statement; and
(2) the effects of the proposed action are substantially
the same as the effects analyzed in such existing environmental
assessments or environmental impact statements.
SEC. 20207. DETERMINATION REGARDING RIGHTS-OF-WAY.
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.
SEC. 20208. TERMS OF RIGHTS-OF-WAY.
(a) Fifty-Year Terms for Rights-of-Way.--
(1) In general.--Any right-of-way for pipelines for the
transportation or distribution of oil or gas granted, issued,
amended, or renewed under Federal law may be limited to a term
of not more than 50 years before such right-of-way is subject
to renewal or amendment.
(2) Federal land policy and management act of 1976.--
Section 501 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1761) is amended by adding at the end the
following:
``(e) Any right-of-way granted, issued, amended, or renewed under
subsection (a)(4) may be limited to a term of not more than 50 years
before such right-of-way is subject to renewal or amendment.''.
(b) Mineral Leasing Act.--Section 28(n) of the Mineral Leasing Act
(30 U.S.C. 185(n)) is amended by striking ``thirty'' and inserting
``50''.
SEC. 20209. FUNDING TO PROCESS PERMITS AND DEVELOP INFORMATION
TECHNOLOGY.
(a) In General.--In fiscal years 2023 through 2025, the Secretary
of Agriculture (acting through the Forest Service) and the Secretary of
the Interior, after public notice, may accept and expend funds
contributed by non-Federal entities for dedicated staff, information
resource management, and information technology system development to
expedite the evaluation of permits, biological opinions, concurrence
letters, environmental surveys and studies, processing of applications,
consultations, and other activities for the leasing, development, or
expansion of an energy facility under the jurisdiction of the
respective Secretaries.
(b) Effect on Permitting.--In carrying out this section, the
Secretary of the Interior shall ensure that the use of funds accepted
under subsection (a) will not impact impartial decision making with
respect to permits, either substantively or procedurally.
(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.
(d) Prohibition.--Notwithstanding any other provision of law, the
Secretary of Agriculture (acting through the Forest Service) and the
Secretary of the Interior may not accept contributions, as authorized
by subsection (a), from non-Federal entities owned by the Communist
Party of China (or a person or entity acting on behalf of the Communist
Party of China).
(e) Report on Non-Federal Entities.--Not later than 60 days after
the end of the applicable fiscal year, the Secretary of Agriculture
(acting through the Forest Service) and 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 includes, for each expenditure authorized by
subsection (a)--
(1) the amount of funds accepted; and
(2) the contributing non-Federal entity.
SEC. 20210. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING.
The Secretary of the Interior shall authorize geological and
geophysical surveys related to oil and gas activities on the Gulf of
Mexico Outer Continental Shelf, except within areas subject to existing
oil and gas leasing moratoria. Such authorizations shall be issued
within 30 days of receipt of a completed application and shall, as
applicable to survey type, comply with the mitigation and monitoring
measures in subsections (a), (b), (c), (d), (f), and (g) of section
217.184 of title 50, Code of Federal Regulations (as in effect on
January 1, 2022), and section 217.185 of title 50, Code of Federal
Regulations (as in effect on January 1, 2022). Geological and
geophysical surveys authorized pursuant to this section are deemed to
be in full compliance with the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), and their implementing regulations.
SEC. 20211. DEFERRAL OF APPLICATIONS FOR PERMITS TO DRILL.
Section 17(p)(3) of the Mineral Leasing Act (30 U.S.C. 226(p)(3))
is amended by adding at the end the following:
``(D) Deferral based on formatting issues.--A
decision on an application for a permit to drill may
not be deferred under paragraph (2)(B) as a result of a
formatting issue with the permit, unless such
formatting issue results in missing information.''.
SEC. 20212. PROCESSING AND TERMS OF APPLICATIONS FOR PERMITS TO DRILL.
(a) Effect of Pending Civil Actions.--Section 17(p) of the Mineral
Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the
following:
``(4) Effect of pending civil action on processing
applications for permits to drill.--Pursuant to the
requirements of paragraph (2), notwithstanding the existence of
any pending civil actions affecting the application or related
lease, the Secretary shall process an application for a 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.''.
SEC. 20213. AMENDMENTS TO THE ENERGY POLICY ACT OF 2005.
Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is
amended to read as follows:
``SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT 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.''.
SEC. 20214. ACCESS TO FEDERAL ENERGY RESOURCES FROM NON-FEDERAL SURFACE
ESTATE.
(a) Oil and Gas Permits.--Section 17 of the Mineral Leasing Act (30
U.S.C. 226) is further amended by adding at the end the following:
``(v) No Federal Permit Required for Oil and Gas Activities on
Certain Land.--
``(1) In general.--The Secretary shall not 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
``(D) shall not be subject to--
``(i) section 306108 of title 54, United
States Code (commonly known as the National
Historic Preservation Act of 1966); and
``(ii) section 7 of the Endangered Species
Act of 1973 (16 U.S.C. 1536).
``(3) Royalties and production accountability.--(A) Nothing
in this subsection shall affect the amount of royalties due to
the United States under this Act from the production of oil and
gas, or alter the Secretary's authority to conduct audits and
collect civil penalties pursuant to the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.).
``(B) The Secretary may conduct onsite reviews and
inspections to ensure proper accountability, measurement, and
reporting of production of Federal oil and gas, and payment of
royalties.
``(4) Exceptions.--This subsection shall not apply to
actions on Indian lands or resources managed in trust for the
benefit of Indian Tribes.
``(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
``(4) shall not be subject to--
``(A) section 306108 of title 54, United States
Code (commonly known as the National Historic
Preservation Act of 1966); and
``(B) section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536).
``(c) Royalties and Production 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.''.
SEC. 20215. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL AND GAS LEASES.
An environmental review for an oil and gas lease or permit prepared
pursuant to the requirements of the 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.
SEC. 20216. EXPEDITING APPROVAL OF GATHERING LINES.
Section 11318(b)(1) of the Infrastructure Investment and Jobs Act
(42 U.S.C. 15943(b)(1)) is amended by 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''.
SEC. 20217. LEASE SALE LITIGATION.
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.
SEC. 20218. LIMITATION ON CLAIMS.
(a) In General.--Notwithstanding any other provision of law, a
claim arising under Federal law seeking judicial review of a permit,
license, or approval issued by a Federal agency for a 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--
(1) located on--
(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.
SEC. 20219. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON PERMITS TO
DRILL.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall issue a
report detailing--
(1) the approval timelines for applications for permits to
drill issued by the Bureau of Land 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).
SEC. 20220. E-NEPA.
(a) Permitting Portal Study.--The Council on Environmental Quality
shall conduct a study and submit a report to Congress within 1 year of
the enactment of this Act on the potential to create an online
permitting portal for permits that require review under section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) that would--
(1) allow applicants to--
(A) submit required documents or materials for
their application in one unified portal;
(B) upload additional documents as required by the
applicable agency; and
(C) track the progress of individual applications;
(2) enhance interagency coordination in consultation by--
(A) allowing for comments in one unified portal;
(B) centralizing data necessary for reviews; and
(C) streamlining communications between other
agencies and the applicant; and
(3) boost transparency in agency decisionmaking.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $500,000 for the Council of Environmental Quality to carry
out the study directed by this section.
SEC. 20221. LIMITATIONS ON CLAIMS.
(a) In General.--Section 139(l) of title 23, United States Code, is
amended by striking ``150 days'' each place it appears and inserting
``90 days''.
(b) Conforming Amendments.--
(1) Section 330(e) of title 23, United States Code, is
amended--
(A) in paragraph (2)(A), by striking ``150 days''
and inserting ``90 days''; and
(B) in paragraph (3)(B)(i), by striking ``150
days'' and inserting ``90 days''.
(2) Section 24201(a)(4) of title 49, United States Code, is
amended by striking ``of 150 days''.
SEC. 20222. ONE FEDERAL DECISION FOR PIPELINES.
(a) In General.--Chapter 601 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 60144. Efficient environmental reviews and one Federal decision
``(a) Efficient Environmental Reviews.--
``(1) In general.--The Secretary of Transportation shall
apply the project development procedures, to the greatest
extent feasible, described in section 139 of title 23 to any
pipeline project that requires the approval of the Secretary
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(2) Regulations and procedures.--In carrying out
paragraph (1), the Secretary shall incorporate into agency
regulations and procedures pertaining to pipeline projects
described in paragraph (1) aspects of such project development
procedures, or portions thereof, determined appropriate by the
Secretary in a manner consistent with this section, that
increase the efficiency of the review of pipeline projects.
``(3) Discretion.--The Secretary may choose not to
incorporate into agency regulations and procedures pertaining
to pipeline projects described in paragraph (1) such project
development procedures that could only feasibly apply to
highway projects, public transportation capital projects, and
multimodal projects.
``(4) Applicability.--Subsection (l) of section 139 of
title 23 shall apply to pipeline projects described in
paragraph (1).
``(b) Additional Categorical Exclusions.--The Secretary shall
maintain and make publicly available, including on the Internet, a
database that identifies project-specific information on the use of a
categorical exclusion on any pipeline project carried out under this
title.''.
(b) Clerical Amendment.--The analysis for chapter 601 of title 49,
United States Code, is amended by adding at the end the following:
``60144. Efficient environmental reviews and one Federal decision.''.
SEC. 20223. EXEMPTION OF CERTAIN WILDFIRE MITIGATION ACTIVITIES FROM
CERTAIN ENVIRONMENTAL REQUIREMENTS.
(a) In General.--Wildfire mitigation activities of the Secretary of
the Interior and the Secretary of Agriculture may be carried out
without regard to the provisions of law specified in subsection (b).
(b) Provisions of Law Specified.--The provisions of law specified
in this section are all Federal, State, or other laws, regulations, and
legal requirements of, deriving from, or related to the subject of, the
following laws:
(1) Section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)).
(2) The Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(c) Wildfire Mitigation Activity.--For purposes of this section,
the term ``wildfire mitigation activity''--
(1) is an activity conducted on Federal land that is--
(A) under the administration of the Director of the
National Park System, the Director of the Bureau of
Land Management, or the Chief of the Forest Service;
and
(B) within 300 feet of any permanent or temporary
road, as measured from the center of such road; and
(2) includes forest thinning, hazardous fuel reduction,
prescribed burning, and vegetation management.
SEC. 20224. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION
AND MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS OF WAY.
(a) Hazard Trees Within 50 Feet of Electric Power Line.--Section
512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking ``10'' and
inserting ``50''.
(b) Consultation With Private Landowners.--Section 512(c)(3)(E) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1772(c)(3)(E)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) consulting with private landowners
with respect to any hazard trees identified for
removal from land owned by such private
landowners.''.
(c) Review and Approval Process.--Clause (iv) of section
512(c)(4)(A) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1772(c)(4)(A)) is amended to read as follows:
``(iv) ensures that--
``(I) a plan submitted without a
modification under clause (iii) shall
be automatically approved 60 days after
review; and
``(II) a plan submitted with a
modification under clause (iii) shall
be automatically approved 67 days after
review.''.
SEC. 20225. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES RIGHTS-OF-
WAY.
(a) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to National
Forest System lands; and
(2) the Secretary of the Interior, with respect to public
lands.
(b) Categorical Exclusion Established.--Forest management
activities described in subsection (c) are a category of activities
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(c) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated as being
categorically excluded under subsection (b) are--
(1) the development and approval of a vegetation
management, facility inspection, and operation and maintenance
plan submitted under section 512(c)(1) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)) by the
Secretary concerned; and
(2) the implementation of routine activities conducted
under the plan referred to in paragraph (1).
(d) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (b) in accordance
with this section.
(e) Extraordinary Circumstances.--Use of the categorical exclusion
established under subsection (b) shall not be subject to the
extraordinary circumstances procedures in section 220.6, title 36, Code
of Federal Regulations, or section 1508.4, title 40, Code of Federal
Regulations.
(f) Exclusion of Certain Areas.--The categorical exclusion
established under subsection (b) shall not apply to any forest
management activity conducted--
(1) in a component of the National Wilderness Preservation
System; or
(2) on National Forest System lands on which, by Act of
Congress, the removal of vegetation is restricted or
prohibited.
(g) Permanent Roads.--
(1) Prohibition on establishment.--A forest management
activity designated under subsection (c) shall not include the
establishment of a permanent road.
(2) Existing roads.--The Secretary concerned may carry out
necessary maintenance and repair on an existing permanent road
for the purposes of conducting a forest management activity
designated under subsection (c).
(3) Temporary roads.--The Secretary concerned shall
decommission any temporary road constructed for a forest
management activity designated under subsection (c) not later
than 3 years after the date on which the action is completed.
(h) Applicable Laws.--A forest management activity designated under
subsection (c) shall not be subject to section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536), section 106 of the National
Historic Preservation Act, or any other applicable law.
SEC. 20226. STAFFING PLANS.
(a) In General.--Not later than 365 days after the date of
enactment of this Act, each local unit of the National Park Service,
Bureau of Land Management, and Forest Service shall conduct an outreach
plan for disseminating and advertising open civil service positions
with functions relating to permitting or natural resources in their
offices. Each such plan shall include outreach to local high schools,
community colleges, institutions of higher education, and any other
relevant institutions, as determined by the Secretary of the Interior
or the Secretary of Agriculture (as the case may be).
(b) Collaboration Permitted.--Such local units of the National Park
Service, Bureau of Land Management, and Forest Service located in
reasonably close geographic areas may collaborate to produce a joint
outreach plan that meets the requirements of subsection (a).
Subtitle C--Permitting for Mining Needs
SEC. 20301. DEFINITIONS.
In this subtitle:
(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.
SEC. 20302. MINERALS SUPPLY CHAIN AND RELIABILITY.
Section 40206 of the Infrastructure Investment and Jobs Act (30
U.S.C. 1607) is amended--
(1) in the section heading, by striking ``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 20301 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--
``(A) located on--
``(i) a mining claim, millsite claim, or
tunnel site claim for any mineral;
``(ii) lands open to mineral entry; or
``(iii) a Federal mineral lease; and
``(B) for the purposes of exploring for or
producing minerals.'';
(3) in subsection (b), by striking ``critical'' each place
such term appears;
(4) in subsection (c)--
(A) by striking ``critical mineral production on
Federal land'' and inserting ``mineral projects'';
(B) by inserting ``, and in accordance with
subsection (h)'' after ``to the maximum extent
practicable'';
(C) by striking ``shall complete the'' and
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.'';
(5) in subsection (d)--
(A) by striking ``critical'' each place such term
appears; and
(B) in paragraph (3), by striking ``mineral-related
activities on Federal land'' and inserting ``mineral
projects'';
(6) in subsection (e), by striking ``critical'';
(7) in subsection (f), by striking ``critical'' each place
such term appears;
(8) in subsection (g), by striking ``critical'' each place
such term appears; and
(9) by adding at the end the following:
``(h) Other Requirements.--
``(1) Memorandum of agreement.--For 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 the 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.''.
SEC. 20303. FEDERAL REGISTER PROCESS IMPROVEMENT.
Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 1606(f)) is
amended--
(1) in paragraph (2), by striking ``critical'' both places
such term appears; and
(2) by striking paragraph (4).
SEC. 20304. DESIGNATION OF MINING AS A COVERED SECTOR FOR FEDERAL
PERMITTING IMPROVEMENT PURPOSES.
Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is
amended by inserting ``mineral production,'' before ``or any other
sector''.
SEC. 20305. TREATMENT OF ACTIONS UNDER PRESIDENTIAL DETERMINATION 2022-
11 FOR FEDERAL PERMITTING IMPROVEMENT PURPOSES.
(a) In General.--Except as provided by subsection (c), an action
described in subsection (b) shall be--
(1) treated as a covered project, as defined in section
41001(6) of the FAST Act (42 U.S.C. 4370m(6)), without regard
to the requirements of that section; and
(2) included in the Permitting Dashboard 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) or the
Presidential Memorandum of February 27, 2023, titled ``Presidential
Waiver of Statutory Requirements Pursuant to Section 303 of the Defense
Production Act of 1950, as amended, on Department of Defense Supply
Chains Resilience'' (88 Fed. Reg. 13015) 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.
SEC. 20306. NOTICE FOR MINERAL EXPLORATION ACTIVITIES WITH LIMITED
SURFACE DISTURBANCE.
(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.
SEC. 20307. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.
Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30
U.S.C. 28f) is amended by adding at the end the following:
``(e) Security of Tenure.--
``(1) In general.--
``(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.''.
SEC. 20308. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL MINERAL.
(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.
(c) Report.--Not later than 180 days after the date of the
enactment of this section, the Secretary, acting through the Director
of the United States Geological Survey, in consultation with the
Secretary of Energy, shall submit to the appropriate committees of
Congress a report that includes the following:
(1) The current status of uranium deposits in the United
States with respect to the amount and quality of uranium
contained in such deposits.
(2) A comparison of the United States to the rest of the
world with respect to the amount and quality of uranium
contained in uranium deposits.
(3) Policy considerations, including potential challenges,
of utilizing the uranium from the deposits described in
paragraph (1).
SEC. 20309. BARRING FOREIGN BAD ACTORS FROM OPERATING ON FEDERAL LANDS.
A mining claimant shall be barred from the right to use, occupy,
and conduct operations on Federal land if the Secretary of the Interior
finds the claimant has a foreign parent company that has (including
through a subsidiary)--
(1) a known record of human rights violations; or
(2) knowingly operated an illegal mine in another country.
SEC. 20310. PERMIT PROCESS FOR PROJECTS RELATING TO EXTRACTION,
RECOVERY, OR PROCESSING OF CRITICAL MATERIALS.
(a) Definition of Covered Project.--Section 41001(6)(A) of the FAST
Act (42 U.S.C. 4370m(6)(A)) is amended--
(1) in clause (iii)(III), by striking ``; or'' and
inserting ``;'';
(2) in clause (iv)(II), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(v) is related to the extraction,
recovery, or processing from coal, coal waste,
coal processing waste, pre-or post-combustion
coal byproducts, or acid mine drainage from
coal mines of--
``(I) critical minerals (as such
term is defined in section 7002 of the
Energy Act of 2020);
``(II) rare earth elements; or
``(III) microfine carbon or carbon
from coal.''.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary of the Interior shall submit to the Committees
on Energy and Natural Resources and Commerce, Science, and
Transportation of the Senate and the Committees on Transportation and
Infrastructure, Natural Resources, and Energy and Commerce of the House
of Representatives a report evaluating the timeliness of implementation
of reforms of the permitting process required as a result of the
amendments made by this section on the following:
(1) The economic and national security of the United
States.
(2) Domestic production and supply of critical minerals,
rare earths, and microfine carbon or carbon from coal.
SEC. 20311. NATIONAL STRATEGY TO RE-SHORE MINERAL SUPPLY CHAINS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the United States Geological Survey, in
consultation with the Secretaries of Defense, Energy, and State,
shall--
(1) identify mineral commodities that--
(A) serve a critical purpose to the national
security of the United States, including with respect
to military, defense, and strategic mobility
applications; and
(B) are at highest risk of supply chain disruption
due to the domestic or global actions of any covered
entity, including price-fixing, systemic acquisition
and control of global mineral resources and processing,
refining, and smelting capacity, and undercutting the
fair market value of such resources; and
(2) develop a national strategy for bolstering supply
chains in the United States for the mineral commodities
identified under paragraph (1), including through the enactment
of new national policies and the utilization of current
authorities, to increase capacity and efficiency of domestic
mining, refining, processing, and manufacturing of such mineral
commodities.
(b) Covered Entity.--In this section, the term ``covered entity''
means an entity that--
(1) is subject to the jurisdiction or direction of the
People's Republic of China;
(2) is directly or indirectly operating on behalf of the
People's Republic of China; or
(3) is owned by, directly or indirectly controlled by, or
otherwise subject to the influence of the People's Republic of
China.
Subtitle D--Federal Land Use Planning
SEC. 20401. FEDERAL LAND USE PLANNING AND WITHDRAWALS.
(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, the Historic Preservation Fund,
and the National Parks and Public Land Legacy Restoration 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.
SEC. 20402. PROHIBITIONS ON DELAY OF MINERAL DEVELOPMENT OF CERTAIN
FEDERAL LAND.
(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).
SEC. 20403. DEFINITIONS.
In this subtitle:
(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.
Subtitle E--Ensuring Competitiveness on Federal Lands
SEC. 20501. INCENTIVIZING DOMESTIC PRODUCTION.
(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 16\2/
3\ percent, but not more than 18\3/4\ 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 16\2/3\ percent
thereafter,'' each place it appears and inserting ``not less
than 12.5 percent'';
(2) in subparagraph (C), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ 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 16\2/3\ percent
thereafter,'' each place it appears and inserting ``not less
than 12.5 percent'';
(3) in subparagraph (F), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ 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 16\2/3\ percent
thereafter,'' and inserting ``not less than 12.5 percent''; and
(4) in subparagraph (H), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ 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 16\2/3\ percent
thereafter,'' and inserting ``not less than 12.5 percent''.
(b) Mineral Leasing Act.--
(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) in subsection (b)(1)(A)--
(I) by striking ``not less than
16\2/3\'' 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', 16\2/3\
percent in amount or value of the
production removed or sold from the
lease''; and
(ii) by striking ``16\2/3\ 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 ``16\2/3\''.
(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--
(A) in subsection (b)--
(i) in paragraph (1)(A)--
(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 10 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'';
(B) in subsection (e)--
(i) in paragraph (2)--
(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 16\2/3\ 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 royalty 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 16\2/3\ 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'';
(C) in subsection (f)--
(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 paragraph (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:
``(h) Royalty Reductions.--
``(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 12\1/2\ 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.''.
Subtitle F--Energy Revenue Sharing
SEC. 20601. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUE.
(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--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``50'' and
inserting ``37.5''; and
(B) in paragraph (2)--
(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) and inserting the following:
``(f) Treatment of Amounts.--Amounts disbursed to a Gulf producing
State under this section shall be treated as revenue sharing and not as
a Federal award or grant for the purposes of part 200 of title 2, Code
of Federal Regulations.''.
(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:
``Payments to States pursuant to section 105(a)(2)(A) of
the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-
432; 43 U.S.C. 1331 note) (014-5535-0-2-302).''.
(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.
SEC. 20602. PARITY IN OFFSHORE WIND REVENUE SHARING.
(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.
``(ii) Requirement.--
``(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).
``(II) Allocation.--
``(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.
``(iv) Authorized uses.--
``(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.
``(ff) Infrastructure
improvements at ports,
including modifications to
Federal navigation channels, to
support installation of
offshore wind energy projects.
``(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.
``(vi) Reporting requirement.--
``(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.
``(vii) Treatment of amounts.--Amounts
disbursed to an eligible State under this
subsection shall be treated as revenue sharing
and not as a Federal award or grant for the
purposes of part 200 of title 2, Code of
Federal Regulations.''.
(b) Wind Lease Sales for Areas of the Outer Continental Shelf
Offshore of Territories of the United States.--Section 33 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356c) is amended by adding at
the end the following:
``(b) Wind Lease Sale Procedure.--Any wind lease granted pursuant
to this section shall be considered a wind lease granted under section
8(p), including for purposes of the disposition of revenues pursuant to
subparagraphs (B) and (C) of section 8(p)(2).''.
(c) 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:
``Payments to States pursuant to subparagraph
(C)(ii)(I)(cc) of section 8(p)(2) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(p)(2)).''.
(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.
SEC. 20603. ELIMINATION OF ADMINISTRATIVE FEE UNDER THE MINERAL LEASING
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)''.
(b) Conforming Amendments.--
(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.
SEC. 20604. SUNSET.
This subtitle, and the amendments made by this subtitle, shall
cease to have effect on September 30, 2032, and on such date the
provisions of law amended by this subtitle shall be restored or revived
as if this subtitle had not been enacted.
TITLE III--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT
SEC. 30001. SHORT TITLE.
This title may be cited as the ``Water Quality Certification and
Energy Project Improvement Act of 2023''.
SEC. 30002. CERTIFICATION.
Section 401 of the Federal Water Pollution Control Act (33 U.S.C.
1341) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by striking
``may result'' and inserting ``may directly
result'';
(ii) in the second sentence, by striking
``activity'' and inserting ``discharge'';
(iii) in the third sentence, by striking
``applications'' each place it appears and
inserting ``requests'';
(iv) in the fifth sentence, by striking
``act on'' and inserting ``grant or deny''; and
(v) by inserting after the fourth sentence
the following: ``Not later than 30 days after
the date of enactment of the Water Quality
Certification and Energy Project Improvement
Act of 2023, each State and interstate agency
that has authority to give such a
certification, and the Administrator, shall
publish requirements for certification to
demonstrate to such State, such interstate
agency, or the Administrator, as the case may
be, compliance with the applicable provisions
of sections 301, 302, 303, 306, and 307. A
decision to grant or deny a request for
certification shall be based only on the
applicable provisions of sections 301, 302,
303, 306, and 307, and the grounds for the
decision shall be set forth in writing and
provided to the applicant. Not later than 90
days after receipt of a request for
certification, the State, interstate agency, or
Administrator, as the case may be, shall
identify in writing all specific additional
materials or information that are necessary to
grant or deny the request.'';
(B) in paragraph (2)--
(i) in the second sentence, by striking
``notice of application for such Federal
license or permit'' and inserting ``receipt of
a notice under the preceding sentence'';
(ii) in the third sentence, by striking
``any water quality requirement'' and inserting
``any applicable provision of section 301, 302,
303, 306, or 307'';
(iii) in the fifth sentence, by striking
``insure compliance with applicable water
quality requirements.'' and inserting ``ensure
compliance with the applicable provisions of
sections 301, 302, 303, 306, and 307.'';
(iv) in the final sentence, by striking
``insure'' and inserting ``ensure''; and
(v) by striking the first sentence and
inserting ``On receipt of a request for
certification, the certifying State or
interstate agency, as applicable, shall
immediately notify the Administrator of the
request.'';
(C) in paragraph (3), in the second sentence, by
striking ``section'' and inserting ``any applicable
provision of section'';
(D) in paragraph (4)--
(i) in the first sentence, by striking
``applicable effluent limitations or other
limitations or other applicable water quality
requirements will not be violated'' and
inserting ``no applicable provision of section
301, 302, 303, 306, or 307 will be violated'';
(ii) in the second sentence, by striking
``will violate applicable effluent limitations
or other limitations or other water quality
requirements'' and inserting ``will directly
result in a discharge that violates an
applicable provision of section 301, 302, 303,
306, or 307,''; and
(iii) in the third sentence, by striking
``such facility or activity will not violate
the applicable provisions'' and inserting
``operation of such facility or activity will
not directly result in a discharge that
violates any applicable provision''; and
(E) in paragraph (5), by striking ``the applicable
provisions'' and inserting ``any applicable
provision'';
(2) in subsection (d), by striking ``any applicable
effluent limitations and other limitations, under section 301
or 302 of this Act, standard of performance under section 306
of this Act, or prohibition, effluent standard, or pretreatment
standard under section 307 of this Act, and with any other
appropriate requirement of State law set forth in such
certification, and'' and inserting ``the applicable provisions
of sections 301, 302, 303, 306, and 307, and any such
limitations or requirements''; and
(3) by adding at the end the following:
``(e) For purposes of this section, the applicable provisions of
sections 301, 302, 303, 306, and 307 are any applicable effluent
limitations and other limitations, under section 301 or 302, standard
of performance under section 306, prohibition, effluent standard, or
pretreatment standard under section 307, and requirement of State law
implementing water quality criteria under section 303 necessary to
support the designated use or uses of the receiving navigable
waters.''.
SEC. 30003. FEDERAL GENERAL PERMITS.
Section 402(a) of the Federal Water Pollution Control Act (33
U.S.C. 1342(a)) is amended by adding at the end the following:
``(6)(A) The Administrator is authorized to issue general permits
under this section for discharges of similar types from similar
sources.
``(B) The Administrator may require submission of a notice of
intent to be covered under a general permit issued under this section,
including additional information that the Administrator determines
necessary.
``(C) If a general permit issued under this section will expire and
the Administrator decides not to issue a new general permit for
discharges similar to those covered by the expiring general permit, the
Administrator shall publish in the Federal Register a notice of such
decision at least two years prior to the expiration of the general
permit.
``(D) If a general permit issued under this section expires and the
Administrator has not published a notice in accordance with
subparagraph (C), until such time as the Administrator issues a new
general permit for discharges similar to those covered by the expired
general permit, the Administrator shall--
``(i) continue to apply the terms, conditions, and
requirements of the expired general permit to any discharge
that was covered by the expired general permit; and
``(ii) apply such terms, conditions, and requirements to
any discharge that would have been covered by the expired
general permit (in accordance with any relevant requirements
for such coverage) if the discharge had occurred before such
expiration.''.
DIVISION E--INCREASE IN DEBT LIMIT
SEC. 40001. LIMITED SUSPENSION OF DEBT CEILING.
(a) Suspension.--Section 3101(b) of title 31, United States Code,
shall not apply during the period beginning on the date of the
enactment of this Act and ending on the applicable date.
(b) Dollar Limitation on Suspension.--Subsection (a) shall not
apply to the extent that the application of such subsection would
result in the face amount of obligations subject to limitation under
section 3101(b) of title 31, United States Code, to exceed the sum of--
(1) the dollar limitation in effect under such section on
the date of the enactment of this Act, increased by
(2) $1,500,000,000,000.
(c) Applicable Date.--For purposes of this section, the term
``applicable date'' means the earlier of--
(1) March 31, 2024, or
(2) the first date on which subsection (a) does not apply
by reason of subsection (b).
(d) Special Rule Relating to Obligations Issued During Suspension
Period.--Effective as of the close of the applicable date, the dollar
limitation in section 3101(b) of title 31, United States Code, is
increased to the extent that--
(1) the face amount of obligations subject to limitation
under such section outstanding as of the close of the
applicable date, exceeds
(2) the face amount of such obligations outstanding on the
date of the enactment of this Act.
An obligation shall not be taken into account under paragraph (1)
unless the issuance of such obligation was necessary to fund a
commitment incurred by the Federal Government that required payment on
or before the applicable date.
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