[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 879 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 879
To provide greater output, price stability, and regulatory certainty
with respect to domestic energy production in the United States and
exports, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2023
Mr. Cruz introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide greater output, price stability, and regulatory certainty
with respect to domestic energy production in the United States and
exports, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy Freedom
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--ACCELERATING ENERGY APPROVALS TO REDUCE BOTTLENECKS
Sec. 101. Findings.
Sec. 102. Review and approval of certain natural gas transmission
projects.
Sec. 103. Expedited approval for certain natural gas interstate
pipelines.
Sec. 104. Natural gas exports.
Sec. 105. Pending applications to export natural gas.
Sec. 106. Domestic environmental impacts.
Sec. 107. No Presidential permit required.
TITLE II--UTILIZING AMERICA'S ONSHORE RESOURCES
Sec. 201. Finding.
Sec. 202. Annual oil and natural gas lease sales.
Sec. 203. Permit to drill application timeline.
Sec. 204. Congressional authority requirement.
Sec. 205. Prohibition on moratoria of new energy leases on certain
Federal land and on withdrawal of Federal
land from energy development.
TITLE III--OUTER CONTINENTAL SHELF LEASING
Sec. 301. Finding.
Sec. 302. Offshore lease sales.
TITLE IV--ALTERNATIVE ENERGY
Sec. 401. Geothermal, solar, and wind leasing priority areas.
Sec. 402. Geothermal production on Federal lands.
Sec. 403. Hardrock mineral licensing.
TITLE V--STOPPING EXECUTIVE OVERREACH
Sec. 501. Finding.
Sec. 502. Navigable Waters Protection Rule.
Sec. 503. Methane rule.
Sec. 504. ONRR 2020 Valuation Reform and Civil Penalty Rule.
Sec. 505. NEPA rule.
Sec. 506. Nationwide permit 12.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Interior.
TITLE I--ACCELERATING ENERGY APPROVALS TO REDUCE BOTTLENECKS
SEC. 101. FINDINGS.
Congress finds that--
(1) natural gas is a safe and abundant resource and is
proven to be environmentally responsible; and
(2) increasing the safe transmission of natural gas will
lead to more reliable, abundant, and cleaner domestic supplies
of energy that will contribute to job growth and economic
development.
SEC. 102. REVIEW AND APPROVAL OF CERTAIN NATURAL GAS TRANSMISSION
PROJECTS.
(a) FERC Approvals.--Section 7(e) of the Natural Gas Act (15 U.S.C.
717f(e)) is amended--
(1) in the second sentence, by striking ``The Commission''
and inserting the following:
``(3) Terms and conditions.--The Commission'';
(2) by striking ``(e) Except'' and inserting the following:
``(e) Application Procedure.--
``(1) In general.--Except''; and
(3) by inserting after paragraph (1) (as so designated) the
following:
``(2) Deadline for processing applications.--
``(A) In general.--Not later than 1 year after the
date on which the Commission receives an application
for a certificate of public convenience and necessity
under subsection (c), the Commission shall--
``(i) complete all required consultations
with other Federal agencies;
``(ii) review the application in accordance
with the requirements of this section; and
``(iii) issue the certificate or deny the
application.
``(B) Reasons for denial.--If the Commission denies
an application under subparagraph (A)(iii), the
Commission shall state the reasons for the denial.''.
(b) Corps of Engineers Approvals.--
(1) Definition of covered authorization.--In this
subsection, the term ``covered authorization'' means an
authorization or approval required under Federal law from the
Secretary of the Army for any natural gas transmission project,
including an authorization--
(A) under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344);
(B) under section 10 of the Act of March 3, 1899
(commonly known as the ``Rivers and Harbors Act of
1899'') (30 Stat. 1151, chapter 425; 33 U.S.C. 403);
(C) for an easement under section 28 of the Mineral
Leasing Act (30 U.S.C. 185);
(D) for permission under section 14 of the Act of
March 3, 1899 (commonly known as the ``Rivers and
Harbors Act of 1899'') (30 Stat. 1152, chapter 425; 33
U.S.C. 408);
(E) under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(F) under any other applicable Federal law.
(2) Requirement.--The Secretary of the Army shall--
(A) approve or deny an application or request for a
covered authorization, including the completion of any
required consultations with other Federal agencies, by
not later than 1 year after the date on which the
application or request is submitted; and
(B) if the application or request for a covered
authorization is denied, provide to the applicant or
requester the reasons for the denial.
SEC. 103. EXPEDITED APPROVAL FOR CERTAIN NATURAL GAS INTERSTATE
PIPELINES.
Section 7(c)(1) of the Natural Gas Act (15 U.S.C. 717f(c)(1)) is
amended--
(1) in subparagraph (A)--
(A) in the first sentence, by striking ``or
operations: Provided, however, That if any such'' and
inserting the following: ``or operations.
``(ii) Prior operations.--If any such'';
and
(B) by adding at the end the following:
``(iii) Projects that meet safety
regulations.--With respect to any application
for a certificate of public convenience and
necessity under clause (i) for which the
Commission determines that the project covered
by the application meets all safety regulations
in effect as of the date of the application,
the Commission shall issue the certificate
without requiring further proof that public
convenience and necessity will be served by the
project, and without further proceedings.'';
(2) by striking ``(c)(1)(A) No natural-gas company'' and
inserting the following:
``(c) Certificates of Public Convenience and Necessity.--
``(1) Applications.--
``(A) Requirement to apply for certificate.--
``(i) In general.--No natural-gas
company''; and
(3) in subparagraph (B), by striking ``(B) In all other
cases the Commission'' and inserting the following:
``(B) Hearings.--In all cases other than the cases
described in clauses (ii) and (iii) of subparagraph
(A), the Commission''.
SEC. 104. NATURAL GAS EXPORTS.
(a) Findings.--Congress finds that--
(1) increasing clean and safe natural gas exports will lead
to increased investment and development of domestic supplies of
natural gas that will contribute to job growth and economic
development; and
(2) the export of clean and safe natural gas to other
nations is of vital national interest to the United States.
(b) Natural Gas Exports.--Section 3(c) of the Natural Gas Act (15
U.S.C. 717b(c)) is amended--
(1) by inserting ``or any other nation not excluded by this
section'' after ``trade in natural gas'';
(2) by inserting ``and in any event by not later than 60
days after the date on which the application is received''
before the period at the end;
(3) by striking ``(c) For purposes'' and inserting the
following:
``(c) Expedited Application and Approval Process.--
``(1) In general.--For purposes''; and
(4) by adding at the end the following:
``(2) Exclusions.--
``(A) In general.--Any nation subject to sanctions
or trade restrictions imposed by the United States is
excluded from expedited approval under paragraph (1).
``(B) Designation by president or congress.--The
President or Congress may designate nations that may be
excluded from expedited approval under paragraph (1)
for reasons of national security.
``(3) Order not required.--No order is required under
subsection (a) to authorize the export or import of any natural
gas to or from Canada or Mexico.''.
SEC. 105. PENDING APPLICATIONS TO EXPORT NATURAL GAS.
All applications to export natural gas from the United States to a
foreign country submitted under section 3(a) of the Natural Gas Act (15
U.S.C. 717b(a)) during the period beginning on January 1, 2020, and
ending on January 1, 2025, are deemed approved.
SEC. 106. DOMESTIC ENVIRONMENTAL IMPACTS.
(a) In General.--Section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
(1) in subparagraph (C)--
(A) in the matter preceding clause (i), by
inserting ``in the United States'' after ``human
environment'';
(B) in clause (i), by inserting ``in the United
States'' after ``proposed action''; and
(C) in clause (ii), by inserting ``in the United
States'' after ``environmental effects''; and
(2) in subparagraph (F), by inserting ``in any proposal or
other major Federal action that involves the funding or
development of projects outside the United States or the
exclusive economic zone of the United States,'' before
``recognize''.
(b) Implementing Regulations.--Not later than 1 year after the date
of enactment of this Act, the Council on Environmental Quality shall
revise the implementing regulations of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) under subchapter A of
chapter V of title 40, Code of Federal Regulations (or successor
regulations), in accordance with the amendments made by subsection (a).
SEC. 107. NO PRESIDENTIAL PERMIT REQUIRED.
No Presidential permit (or similar permit) required under section
301 of title 3, United States Code, Executive Order 12038 (42 U.S.C.
7151 note; relating to transfer of certain functions to the Secretary
of Energy), Executive Order 10485 (15 U.S.C. 717b note; relating to
providing for the performance of certain functions heretofore performed
by the President with respect to electric power and natural gas
facilities located on the borders of the United States), or any other
Executive order shall be necessary for the construction, connection,
operation, or maintenance of an oil or natural gas pipeline or electric
transmission facility, or any cross-border segment thereof.
TITLE II--UTILIZING AMERICA'S ONSHORE RESOURCES
SEC. 201. FINDING.
Congress finds that regular and predictable leasing and permitting
on Federal land is important to domestic energy production, which leads
to robust competition and lower energy prices.
SEC. 202. ANNUAL OIL AND NATURAL GAS LEASE SALES.
(a) Annual Lease Sales.--Notwithstanding any other provision of
law, in accordance with the Mineral Leasing Act (30 U.S.C. 181 et
seq.), beginning in fiscal year 2024, the Secretary shall conduct a
minimum of 4 oil and natural gas lease sales annually in each of the
following States:
(1) Wyoming.
(2) New Mexico.
(3) Colorado.
(4) Utah.
(5) Montana.
(6) North Dakota.
(7) Oklahoma.
(8) Nevada.
(9) Alaska.
(10) Any other State in which there is land available for
oil and natural gas leasing under that Act.
(b) Requirement.--In conducting a lease sale under subsection (a)
in a State described in that subsection, the Secretary shall offer all
parcels eligible for oil and gas development under the resource
management plan in effect for the State.
(c) Replacement Sales.--If, for any reason, a lease sale under
subsection (a) for a calendar year is canceled, delayed, or deferred,
including for a lack of eligible parcels, the Secretary shall conduct a
replacement sale during the same calendar year.
SEC. 203. PERMIT TO DRILL APPLICATION TIMELINE.
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is
amended by striking paragraph (2) and inserting the following:
``(2) Applications for permits to drill reform and
process.--
``(A) In general.--Not later than the end of the
30-day period beginning on the date an application for
a permit to drill is received by the Secretary, the
Secretary shall decide whether to issue the permit.
``(B) Extension.--
``(i) In general.--The Secretary may extend
the period described in subparagraph (A) for up
to 2 periods of 15 days each, if the Secretary
has given written notice of the delay to the
applicant.
``(ii) Notice.--The notice shall--
``(I) be in the form of a letter
from the Secretary or a designee of the
Secretary; and
``(II) include--
``(aa) the names and titles
of the persons processing the
application;
``(bb) the specific reasons
for the delay; and
``(cc) a specific date a
final decision on the
application is expected.
``(C) Notice of reasons for denial.--If the
application is denied, the Secretary shall provide the
applicant--
``(i) a written statement that provides
clear and comprehensive reasons why the
application was not accepted and detailed
information concerning any deficiencies; and
``(ii) an opportunity to remedy any
deficiencies.
``(D) Application deemed approved.--
``(i) In general.--Except as provided in
clause (ii), if the Secretary has not made a
decision on the application by the end of the
60-day period beginning on the date the
application is received by the Secretary, the
application shall be considered approved.
``(ii) Exceptions.--Clause (i) shall not
apply in cases in which existing reviews under
the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) or Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) are
incomplete.
``(E) Denial of permit.--If the Secretary decides
not to issue a permit to drill under this paragraph,
the Secretary shall--
``(i) provide to the applicant a
description of the reasons for the denial of
the permit;
``(ii) allow the applicant to resubmit an
application for a permit to drill during the
10-day period beginning on the date the
applicant receives the description of the
denial from the Secretary; and
``(iii) issue or deny any resubmitted
application not later than 10 days after the
date the application is submitted to the
Secretary.
``(F) Fee.--
``(i) In general.--Notwithstanding any
other provision of law, the Secretary shall
collect a single $6,500 permit processing fee
per application from each applicant at the time
the final decision is made whether to issue a
permit under subparagraph (A).
``(ii) Resubmitted application.--The fee
required under clause (i) shall not apply to
any resubmitted application.
``(iii) Treatment of permit processing
fee.--Subject to appropriation, of all fees
collected under this paragraph for each fiscal
year, 50 percent shall be--
``(I) transferred to the field
office at which the fees are collected;
and
``(II) used to process protests,
leases, and permits under this Act.''.
SEC. 204. CONGRESSIONAL AUTHORITY REQUIREMENT.
Notwithstanding any other provision of law, the Secretary may not
declare a moratorium on the leasing of Federal land, including outer
Continental Shelf land, for the drilling, mining, or collection of oil,
gas, or coal, or for related activities, unless the moratorium is
authorized by an Act of Congress.
SEC. 205. PROHIBITION ON MORATORIA OF NEW ENERGY LEASES ON CERTAIN
FEDERAL LAND AND ON WITHDRAWAL OF FEDERAL LAND FROM
ENERGY DEVELOPMENT.
(a) Definitions.--In this section:
(1) Critical mineral.--The term ``critical mineral'' has
the meaning given the term in section 7002(a) of the Energy Act
of 2020 (30 U.S.C. 1606(a)).
(2) Federal land.--
(A) In general.--The term ``Federal land'' means--
(i) National Forest System land;
(ii) public lands (as defined in section
103 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702));
(iii) the outer Continental Shelf (as
defined in section 2 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1331)); and
(iv) land managed by the Secretary of
Energy.
(B) Inclusions.--The term ``Federal land'' includes
land described in clauses (i) through (iv) of
subparagraph (A) for which the rights to the surface
estate or subsurface estate are owned by a non-Federal
entity.
(3) President.--The term ``President'' means the President
or any designee of the President, including--
(A) the Secretary of Agriculture;
(B) the Secretary of Energy; and
(C) the Secretary.
(b) Prohibitions.--
(1) In general.--Notwithstanding any other provision of
law, the President may not carry out any action that would
prohibit or substantially delay the issuance of any of the
following on Federal land, unless such an action has been
authorized by an Act of Congress:
(A) New oil and gas leases, drill permits,
approvals, or authorizations.
(B) New coal leases, permits, approvals, or
authorizations.
(C) New hardrock leases, permits, approvals, or
authorizations.
(D) New critical minerals leases, permits,
approvals, or authorizations.
(2) Prohibition on withdrawal.--Notwithstanding any other
provision of law, the President may not withdraw any Federal
land from forms of entry, appropriation, or disposal under the
public land laws, location, entry, and patent under the mining
laws, or disposition under laws pertaining to mineral and
geothermal leasing or mineral materials unless the withdrawal
has been authorized by an Act of Congress.
TITLE III--OUTER CONTINENTAL SHELF LEASING
SEC. 301. FINDING.
Congress finds that regular and predictable leasing and permitting
on the outer Continental Shelf is important to domestic energy
production, which leads to robust competition and low energy prices.
SEC. 302. OFFSHORE LEASE SALES.
(a) Central and Western Gulf of Mexico Region Annual Lease Sales.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall conduct a minimum of 2 region-wide oil
and natural gas lease sales annually in the Gulf of Mexico
Region of the outer Continental Shelf, which shall include the
following areas described in the 2017-2022 Outer Continental
Shelf Oil and Gas Leasing Proposed Final Program (November
2016):
(A) The Central Gulf of Mexico Planning Area.
(B) The Western Gulf of Mexico Planning Area.
(2) Timing.--The Secretary shall conduct the first lease
sales required under paragraph (1) in the first and third
quarters of each calendar year from 2023 until 2028.
(3) Inclusions.--Each lease sale required under paragraph
(1)--
(A) shall offer all unleased acres in the Central
Gulf of Mexico Planning Area and the Western Gulf of
Mexico Planning Area; and
(B) shall be subject to the same lease
stipulations, withdrawals, and moratoriums as were
included in Gulf of Mexico Outer Continental Shelf
Region-wide Oil and Gas Lease Sale 256 conducted on
November 18, 2020.
(4) Continuation.--The Secretary shall conduct lease sales
annually under this subsection until the date on which a new 5-
year oil and gas leasing program is approved and implemented
under section 18(a) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1344(a)).
(b) Alaska Region Annual Lease Sales.--Notwithstanding any other
provision of law, beginning in fiscal year 2023, the Secretary shall
conduct a minimum of 2 region-wide oil and natural gas lease sales
annually 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).
TITLE IV--ALTERNATIVE ENERGY
SEC. 401. GEOTHERMAL, SOLAR, AND WIND LEASING PRIORITY AREAS.
(a) Designation of Geothermal, Solar, and Wind Leasing Priority
Areas.--As soon as practicable, but not later than 1 year after the
date of enactment of this Act, the Secretary, in consultation with the
Secretary of Energy, shall designate--
(1) 1 or more priority areas on Federal land for geothermal
energy leasing;
(2) 1 or more priority areas on Federal land for solar
energy leasing; and
(3) 1 or more priority areas on Federal land for wind
energy leasing.
(b) Criteria for Selection.--In determining whether Federal land
should be designated as a priority area for geothermal, solar, or wind
energy leasing under subsection (a), the Secretary, in consultation
with the Secretary of Energy, shall consider whether--
(1) production of geothermal, solar, or wind energy on the
Federal land is economically viable, including whether the
Federal land has access to existing methods of energy
transmission; and
(2) the designation would comply with section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712), including subsection (c)(9) of that section.
(c) Timeline for Leasing.--As soon as practicable, but not later
than 1 year, after designating the priority areas under subsection (a),
the Secretary shall conduct, as applicable, geothermal, solar, or wind
lease sales for the priority areas.
SEC. 402. GEOTHERMAL PRODUCTION ON FEDERAL LANDS.
The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is
amended by adding at the end the following:
``SEC. 30. CATEGORICAL EXCLUSION FOR GEOTHERMAL EXPLORATION TEST
PROJECTS.
``(a) Requirement To Provide Notice.--Not later than 30 days before
the date on which the holder of a lease issued under this Act intends
to begin carrying out a project the leaseholder believes is a
geothermal exploration test project, the leaseholder shall provide
notice to the Secretary of the intent to carry out the geothermal
exploration test project.
``(b) Review and Determination.--Not later than 10 days after
receipt of a notice of intent from a leaseholder under subsection (a),
the Secretary shall, with respect to the project described in the
notice of intent--
``(1)(A) determine whether the project is a geothermal
exploration test project; and
``(B) if so, determine whether the geothermal exploration
test project qualifies for a categorical exclusion in
accordance with subsection (c); and
``(2) notify the leaseholder of the determinations under
paragraph (1).
``(c) Categorical Exclusion.--Unless extraordinary circumstances
exist, as determined by the Secretary, a project that the Secretary
determines is a geothermal exploration test project under subsection
(b)(1)(A) shall be categorically excluded from the requirements for an
environmental assessment or an environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(d) Opportunity To Remedy.--If the Secretary determines under
subsection (b)(1)(A) that a project is not a geothermal exploration
test project or under subsection (b)(1)(B) that a geothermal
exploration test project does not qualify for a categorical exclusion
because extraordinary circumstances exist, the Secretary shall--
``(1) include in the notice under subsection (b)(2) clear
and detailed findings on any deficiencies in the project that
resulted in the determination; and
``(2) allow the leaseholder to remedy any such deficiencies
and resubmit the notice of intent under subsection (a).''.
SEC. 403. HARDROCK MINERAL LICENSING.
(a) In General.--The Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.) is amended by adding at the end the following:
``SEC. 34. HARDROCK MINERAL LICENSING.
``(a) In General.--The Secretary may grant noncompetitive licenses
for the exploration and mining of hardrock minerals on the outer
Continental Shelf.
``(b) Royalty Rate.--The royalty rate for hardrock minerals
extracted pursuant to a license under subsection (a) shall be a royalty
rate determined by the Secretary through regulations issued not more
than 2 years after the date of enactment of the Energy Freedom Act,
which may include a royalty rate of 0 percent if the Secretary finds
that such a royalty rate is necessary to ensure competition.''.
(b) Technical Amendment.--Section 2 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331) is amended in the second subsection (r)
(relating to the term ``State'') by striking ``(r) The term `State'''
and inserting the following:
``(t) State.--The term `State'''.
TITLE V--STOPPING EXECUTIVE OVERREACH
SEC. 501. FINDING.
Congress finds that frequent change to major energy regulations
have a detrimental effect on investment in, and development of,
domestic energy production, which reduces competition and raises energy
prices.
SEC. 502. NAVIGABLE WATERS PROTECTION RULE.
(a) Reinstatement.--The final rule of the Corps of Engineers and
the Environmental Protection Agency entitled ``The Navigable Waters
Protection Rule: Definition of `Waters of the United States''' (85 Fed.
Reg. 22250 (April 21, 2020)) is hereby reinstated, and each of its
provisions shall apply unless and until the effective date of a
subsequent final rule promulgated, subject to subsection (b), under
applicable authority that replaces or repeals that provision.
(b) Modification Prohibited.--The Secretary of the Army and the
Administrator of the Environmental Protection Agency may not modify the
final rule described in subsection (a) during the 15-year period that
begins on the date of enactment of this Act.
SEC. 503. METHANE RULE.
(a) Reinstatement.--Notwithstanding Public Law 117-23 (135 Stat.
295), the final rule of the Environmental Protection Agency entitled
``Oil and Natural Gas Sector: Emission Standards for New,
Reconstructed, and Modified Sources Review'' (85 Fed. Reg. 57018
(September 14, 2020)) is hereby reinstated, and each of its provisions
shall apply unless and until the effective date of a subsequent final
rule promulgated, subject to subsection (b), under applicable authority
that replaces or repeals that provision.
(b) Modification Prohibited.--The Administrator of the
Environmental Protection Agency may not modify the final rule described
in subsection (a) during the 15-year period that begins on the date of
enactment of this Act.
SEC. 504. ONRR 2020 VALUATION REFORM AND CIVIL PENALTY RULE.
(a) Reinstatement.--The final rule of the Office of Natural
Resources Revenue of the Department of the Interior entitled ``ONRR
2020 Valuation Reform and Civil Penalty Rule'' (86 Fed. Reg. 4612
(January 15, 2021)) is hereby reinstated, and each of its provisions
shall apply unless and until the effective date of a subsequent final
rule promulgated, subject to subsection (b), under applicable authority
that replaces or repeals that provision.
(b) Modification Prohibited.--The Secretary and the Director of the
Office of Natural Resources Revenue may not modify the final rule
described in subsection (a) during the 15-year period that begins on
the date of enactment of this Act.
SEC. 505. NEPA RULE.
(a) Reinstatement.--The final rule of the Council on Environmental
Quality entitled ``Update to the Regulations Implementing the
Procedural Provisions of the National Environmental Policy Act'' (85
Fed. Reg. 43304 (July 16, 2020)) is hereby reinstated, and each of its
provisions shall apply unless and until the effective date of a
subsequent final rule promulgated, subject to subsection (c), under
applicable authority that replaces or repeals that provision.
(b) Updates to Implementing Regulations.--Not later than 60 days
after the date of enactment of this Act, the Chair of the Council on
Environmental Quality shall revise the implementing regulations of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
under subchapter A of chapter V of title 40, Code of Federal
Regulations (or successor regulations), in accordance with the final
rule described in subsection (a).
(c) Modification Prohibited.--The Chair of the Council on
Environmental Quality may not modify the final rule described in
subsection (a) during the 15-year period that begins on the date of
enactment of this Act.
SEC. 506. NATIONWIDE PERMIT 12.
Notwithstanding any other provision of law, the Secretary of the
Army may not modify nationwide permit 12, as described in the final
rule of the Secretary of the Army entitled ``Reissuance and
Modification of Nationwide Permits'' (86 Fed. Reg. 2744 (January 13,
2021)), during the 15-year period that begins on the date of enactment
of this Act.
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