IB Union Calendar No. 18 118THCONGRESS 1 STSESSION H. R. 1335 [Report No. 118–28, Part I] To restart onshore and offshore oil, gas, and coal leasing, streamline permit- ting for energy infrastructure, ensure transparency in energy development on Federal lands, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH3, 2023 Mr. W ESTERMAN(for himself, Mr. GRAVESof Louisiana, and Mr. STAUBER) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned M ARCH23, 2023 Reported from the Committee on Natural Resources with an amendment [Strike out all after the enacting clause and insert the part printed in italic] MARCH23, 2023 Committees on Agriculture and the Budget discharged; committed to the Com- mittee of the Whole House on the State of the Union and ordered to be printed [For text of introduced bill, see copy of bill as introduced on March 3, 2023] VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1335 RH A BILL To restart onshore and offshore oil, gas, and coal leasing, streamline permitting for energy infrastructure, ensure transparency in energy development on Federal lands, and for other purposes. VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 1335 RH Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) S HORTTITLE.—This Act may be cited as the 4 ‘‘Transparency, Accountability, Permitting, and Produc-5 tion of American Resources Act’’ or the ‘‘TAPP American 6 Resources Act’’. 7 (b) T ABLE OFCONTENTS.—The table of contents for 8 this Act is as follows: 9 Sec. 1. Short title; table of contents. TITLE I—ONSHORE AND OFFSHORE LEASING AND OVERSIGHT Sec. 101. Onshore oil and gas leasing. Sec. 102. Lease reinstatement. Sec. 103. Protested lease sales. Sec. 104. Suspension of operations. Sec. 105. Administrative protest process reform. Sec. 106. Leasing and permitting transparency. Sec. 107. Offshore oil and gas leasing. Sec. 108. Five-year plan for offshore oil and gas leasing. Sec. 109. Geothermal leasing. Sec. 110. Leasing for certain qualified coal applications. Sec. 111. Future coal leasing. Sec. 112. Staff planning report. Sec. 113. Prohibition on Chinese communist party ownership interest. Sec. 114. Effect on other law. TITLE II—PERMITTING STREAMLINING Sec. 201. Definitions. Sec. 202. BUILDER Act. Sec. 203. Codification of National Environmental Policy Act regulations. Sec. 204. Non-major Federal actions. Sec. 205. No net loss determination for existing rights-of-way. Sec. 206. Determination of National Environmental Policy Act adequacy. Sec. 207. Determination regarding rights-of-way. Sec. 208. Terms of rights-of-way. Sec. 209. Funding to process permits and develop information technology. Sec. 210. Offshore geological and geophysical survey licensing. Sec. 211. Deferral of applications for permits to drill. Sec. 212. Processing and terms of applications for permits to drill. Sec. 213. Amendments to the Energy Policy Act of 2005. Sec. 214. Access to Federal energy resources from non-Federal surface estate. Sec. 215. Scope of environmental reviews for oil and gas leases. VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6213 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 1335 RH Sec. 216. Expediting approval of gathering lines. Sec. 217. Lease sale litigation. Sec. 218. Limitation on claims. Sec. 219. Government Accountability Office report on permits to drill. Sec. 220. E-NEPA. TITLE III—PERMITTING FOR MINING NEEDS Sec. 301. Definitions. Sec. 302. Minerals supply chain and reliability. Sec. 303. Federal register process improvement. Sec. 304. Designation of mining as a covered sector for Federal permitting im- provement purposes. Sec. 305. Treatment of actions under presidential determination 2022–11 for Federal permitting improvement purposes. Sec. 306. Notice for mineral exploration activities with limited surface disturb- ance. Sec. 307. Use of mining claims for ancillary activities. Sec. 308. Ensuring consideration of uranium as a critical mineral. Sec. 309. Barring foreign bad actors from operating on Federal lands. TITLE IV—FEDERAL LAND USE PLANNING Sec. 401. Federal land use planning and withdrawals. Sec. 402. Prohibitions on delay of mineral development of certain Federal land. Sec. 403. Definitions. TITLE V—ENSURING COMPETITIVENESS ON FEDERAL LANDS Sec. 501. Incentivizing domestic production. TITLE VI—ENERGY REVENUE SHARING Sec. 601. Gulf of Mexico Outer Continental Shelf revenue. Sec. 602. Parity in offshore wind revenue sharing. Sec. 603. Elimination of administrative fee under the Mineral Leasing Act. TITLE I—ONSHORE AND OFF-1 SHORE LEASING AND OVER-2 SIGHT 3 SEC. 101. ONSHORE OIL AND GAS LEASING. 4 (a) R EQUIREMENTTOIMMEDIATELYRESUMEON-5 SHOREOIL ANDGASLEASESALES.— 6 (1) I N GENERAL.—The Secretary of the Interior 7 shall immediately resume quarterly onshore oil and 8 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 1335 RH gas lease sales in compliance with the Mineral Leas-1 ing Act (30 U.S.C. 181 et seq.). 2 (2) R EQUIREMENT.—The Secretary of the Inte-3 rior shall ensure— 4 (A) that any oil and gas lease sale pursuant 5 to paragraph (1) is conducted immediately on 6 completion of all applicable scoping, public com-7 ment, and environmental analysis requirements 8 under the Mineral Leasing Act (30 U.S.C. 181 et 9 seq.) and the National Environmental Policy Act 10 of 1969 (42 U.S.C. 4321 et seq.); and 11 (B) that the processes described in subpara-12 graph (A) are conducted in a timely manner to 13 ensure compliance with subsection (b)(1). 14 (3) L EASE OF OIL AND GAS LANDS .—Section 15 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 16 226(b)(1)(A)) is amended by inserting ‘‘Eligible lands 17 comprise all lands subject to leasing under this Act 18 and not excluded from leasing by a statutory or regu-19 latory prohibition. Available lands are those lands 20 that have been designated as open for leasing under 21 a land use plan developed under section 202 of the 22 Federal Land Policy and Management Act of 1976 23 and that have been nominated for leasing through the 24 submission of an expression of interest, are subject to 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 1335 RH drainage in the absence of leasing, or are otherwise 1 designated as available pursuant to regulations 2 adopted by the Secretary.’’ after ‘‘sales are nec-3 essary.’’. 4 (b) Q UARTERLYLEASESALES.— 5 (1) I N GENERAL.—In accordance with the Min-6 eral Leasing Act (30 U.S.C. 181 et seq.), each fiscal 7 year, the Secretary of the Interior shall conduct a 8 minimum of four oil and gas lease sales in each of 9 the following States: 10 (A) Wyoming. 11 (B) New Mexico. 12 (C) Colorado. 13 (D) Utah. 14 (E) Montana. 15 (F) North Dakota. 16 (G) Oklahoma. 17 (H) Nevada. 18 (I) Alaska. 19 (J) Any other State in which there is land 20 available for oil and gas leasing under the Min-21 eral Leasing Act (30 U.S.C. 181 et seq.) or any 22 other mineral leasing law. 23 (2) R EQUIREMENT.—In conducting a lease sale 24 under paragraph (1) in a State described in that 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 1335 RH paragraph, the Secretary of the Interior shall offer all 1 parcels nominated and eligible pursuant to the re-2 quirements of the Mineral Leasing Act (30 U.S.C. 181 3 et seq.) for oil and gas exploration, development, and 4 production under the resource management plan in 5 effect for the State. 6 (3) R EPLACEMENT SALES.—The Secretary of the 7 Interior shall conduct a replacement sale during the 8 same fiscal year if— 9 (A) a lease sale under paragraph (1) is can-10 celed, delayed, or deferred, including for a lack 11 of eligible parcels; or 12 (B) during a lease sale under paragraph (1) 13 the percentage of acreage that does not receive a 14 bid is equal to or greater than 25 percent of the 15 acreage offered. 16 (4) N OTICE REGARDING MISSED SALES .—Not 17 later than 30 days after a sale required under this 18 subsection is canceled, delayed, deferred, or otherwise 19 missed the Secretary of the Interior shall submit to 20 the Committee on Natural Resources of the House of 21 Representatives and the Committee on Energy and 22 Natural Resources of the Senate a report that states 23 what sale was missed and why it was missed. 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 1335 RH SEC. 102. LEASE REINSTATEMENT. 1 The reinstatement of a lease entered into under the 2 Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Geo-3 thermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) by the 4 Secretary shall be not considered a major Federal action 5 under section 102(2)(C) of the National Environmental Pol-6 icy Act of 1969 (42 U.S.C. 4332(2)(C)). 7 SEC. 103. PROTESTED LEASE SALES. 8 Section 17(b)(1)(A) of the Mineral Leasing Act (30 9 U.S.C. 226(b)(1)(A)) is amended by inserting ‘‘The Sec-10 retary shall resolve any protest to a lease sale not later than 11 60 days after such payment.’’ after ‘‘annual rental for the 12 first lease year.’’. 13 SEC. 104. SUSPENSION OF OPERATIONS. 14 Section 17 of the Mineral Leasing Act (30 U.S.C. 226) 15 is amended by adding at the end the following: 16 ‘‘(r) S USPENSION OFOPERATIONSPERMITS.—In the 17 event that an oil and gas lease owner has submitted an ex-18 pression of interest for adjacent acreage that is part of the 19 nature of the geological play and has yet to be offered in 20 a lease sale by the Secretary, they may request a suspension 21 of operations from the Secretary of the Interior and upon 22 request, the Secretary shall grant the suspension of oper-23 ations within 15 days. Any payment of acreage rental or 24 of minimum royalty prescribed by such lease likewise shall 25 be suspended during such period of suspension of operations 26 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 1335 RH and production; and the term of such lease shall be extended 1 by adding any such suspension period thereto.’’. 2 SEC. 105. ADMINISTRATIVE PROTEST PROCESS REFORM. 3 Section 17 of the Mineral Leasing Act (30 U.S.C. 226) 4 is further amended by adding at the end the following: 5 ‘‘(s) P ROTESTFILINGFEE.— 6 ‘‘(1) I N GENERAL.—Before processing any pro-7 test filed under this section, the Secretary shall collect 8 a filing fee in the amount described in paragraph (2) 9 from the protestor to recover the cost for processing 10 documents filed for each administrative protest. 11 ‘‘(2) A MOUNT.—The amount described in this 12 paragraph is calculated as follows: 13 ‘‘(A) For each protest filed in a submission 14 not exceeding 10 pages in length, the base filing 15 fee shall be $150. 16 ‘‘(B) For each submission exceeding 10 17 pages in length, in addition to the base filing fee, 18 an assessment of $5 per page in excess of 10 19 pages shall apply. 20 ‘‘(C) For protests that include more than 21 one oil and gas lease parcel, right-of-way, or ap-22 plication for permit to drill in a submission, an 23 additional assessment of $10 per additional lease 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 1335 RH parcel, right-of-way, or application for permit to 1 drill shall apply. 2 ‘‘(3) A DJUSTMENT.— 3 ‘‘(A) I N GENERAL.—Beginning on January 4 1, 2024, and annually thereafter, the Secretary 5 shall adjust the filing fees established in this sub-6 section to whole dollar amounts to reflect changes 7 in the Producer Price Index, as published by the 8 Bureau of Labor Statistics, for the previous 12 9 months. 10 ‘‘(B) P UBLICATION OF ADJUSTED FILING 11 FEES.—At least 30 days before the filing fees as 12 adjusted under this paragraph take effect, the 13 Secretary shall publish notification of the adjust-14 ment of such fees in the Federal Register.’’. 15 SEC. 106. LEASING AND PERMITTING TRANSPARENCY. 16 (a) R EPORT.—Not later than 30 days after the date 17 of the enactment of this section, and annually thereafter, 18 the Secretary of the Interior shall submit to the Committee 19 on Natural Resources of the House of Representatives and 20 the Committee on Energy and Natural Resources of the Sen-21 ate a report that describes— 22 (1) the status of nominated parcels for future on-23 shore oil and gas and geothermal lease sales, includ-24 ing— 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 1335 RH (A) the number of expressions of interest re-1 ceived each month during the period of 365 days 2 that ends on the date on which the report is sub-3 mitted with respect to which the Bureau of Land 4 Management— 5 (i) has not taken any action to review; 6 (ii) has not completed review; or 7 (iii) has completed review and deter-8 mined that the relevant area meets all ap-9 plicable requirements for leasing, but has 10 not offered the relevant area in a lease sale; 11 (B) how long expressions of interest de-12 scribed in subparagraph (A) have been pending; 13 and 14 (C) a plan, including timelines, for how the 15 Secretary of the Interior plans to— 16 (i) work through future expressions of 17 interest to prevent delays; 18 (ii) put expressions of interest de-19 scribed in subparagraph (A) into a lease 20 sale; and 21 (iii) complete review for expressions of 22 interest described in clauses (i) and (ii) of 23 subparagraph (A); 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 1335 RH (2) the status of each pending application for 1 permit to drill received during the period of 365 days 2 that ends on the date on which the report is sub-3 mitted, including the number of applications received 4 each month, by each Bureau of Land Management of-5 fice, including— 6 (A) a description of the cause of delay for 7 pending applications, including as a result of 8 staffing shortages, technical limitations, incom-9 plete applications, and incomplete review pursu-10 ant to the National Environmental Policy Act of 11 1969 (42 U.S.C. 4321 et seq.) or other applicable 12 laws; 13 (B) the number of days an application has 14 been pending in violation of section 17(p)(2) of 15 the Mineral Leasing Act (30 U.S.C. 226(p)(2)); 16 and 17 (C) a plan for how the office intends to 18 come into compliance with the requirements of 19 section 17(p)(2) of the Mineral Leasing Act (30 20 U.S.C. 226(p)(2)); 21 (3) the number of permits to drill issued each 22 month by each Bureau of Land Management office 23 during the 5-year period ending on the date on which 24 the report is submitted; 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 1335 RH (4) the status of each pending application for a 1 license for offshore geological and geophysical surveys 2 received during the period of 365 days that ends on 3 the date on which the report is submitted, including 4 the number of applications received each month, by 5 each Bureau of Ocean Energy management regional 6 office, including— 7 (A) a description of any cause of delay for 8 pending applications, including as a result of 9 staffing shortages, technical limitations, incom-10 plete applications, and incomplete review pursu-11 ant to the National Environmental Policy Act of 12 1969 (42 U.S.C. 4321 et seq.) or other applicable 13 laws; 14 (B) the number of days an application has 15 been pending; and 16 (C) a plan for how the Bureau of Ocean 17 Energy Management intends to complete review 18 of each application; 19 (5) the number of licenses for offshore geological 20 and geophysical surveys issued each month by each 21 Bureau of Ocean Energy Management regional office 22 during the 5-year period ending on the date on which 23 the report is submitted; 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 14 •HR 1335 RH (6) the status of each pending application for a 1 permit to drill received during the period of 365 days 2 that ends on the date on which the report is sub-3 mitted, including the number of applications received 4 each month, by each Bureau of Safety and Environ-5 mental Enforcement regional office, including— 6 (A) a description of any cause of delay for 7 pending applications, including as a result of 8 staffing shortages, technical limitations, incom-9 plete applications, and incomplete review pursu-10 ant to the National Environmental Policy Act of 11 1969 (42 U.S.C. 4321 et seq.) or other applicable 12 laws; 13 (B) the number of days an application has 14 been pending; and 15 (C) steps the Bureau of Safety and Envi-16 ronmental Enforcement is taking to complete re-17 view of each application; 18 (7) the number of permits to drill issued each 19 month by each Bureau of Safety and Environmental 20 Enforcement regional office during the period of 365 21 days that ends on the date on which the report is sub-22 mitted; 23 (8) how, as applicable, the Bureau of Land Man-24 agement, the Bureau of Ocean Energy Management, 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 15 •HR 1335 RH and the Bureau of Safety and Environmental En-1 forcement determines whether to— 2 (A) issue a license for geological and geo-3 physical surveys; 4 (B) issue a permit to drill; and 5 (C) issue, extend, or suspend an oil and gas 6 lease; 7 (9) when determinations described in paragraph 8 (8) are sent to the national office of the Bureau of 9 Land Management, the Bureau of Ocean Energy 10 Management, or the Bureau of Safety and Environ-11 mental Enforcement for final approval; 12 (10) the degree to which Bureau of Land Man-13 agement, Bureau of Ocean Energy Management, and 14 Bureau of Safety and Environmental Enforcement 15 field, State, and regional offices exercise discretion on 16 such final approval; 17 (11) during the period of 365 days that ends on 18 the date on which the report is submitted, the number 19 of auctioned leases receiving accepted bids that have 20 not been issued to winning bidders and the number 21 of days such leases have not been issued; and 22 (12) a description of the uses of application for 23 permit to drill fees paid by permit holders during the 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 16 •HR 1335 RH 5-year period ending on the date on which the report 1 is submitted. 2 (b) P ENDINGAPPLICATIONS FOR PERMITSTO 3 D RILL.—Not later than 30 days after the date of the enact-4 ment of this section, the Secretary of the Interior shall— 5 (1) complete all requirements under the National 6 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 7 seq.) and other applicable law that must be met before 8 issuance of a permit to drill described in paragraph 9 (2); and 10 (2) issue a permit for all completed applications 11 to drill that are pending on the date of the enactment 12 of this Act. 13 (c) P UBLICAVAILABILITY OFDATA.— 14 (1) M INERAL LEASING ACT.—Section 17 of the 15 Mineral Leasing Act (30 U.S.C. 226) is further 16 amended by adding at the end the following: 17 ‘‘(t) P UBLICAVAILABILITY OFDATA.— 18 ‘‘(1) E XPRESSIONS OF INTEREST .—Not later 19 than 30 days after the date of the enactment of this 20 subsection, and each month thereafter, the Secretary 21 shall publish on the website of the Department of the 22 Interior the number of pending, approved, and not 23 approved expressions of interest in nominated parcels 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 17 •HR 1335 RH for future onshore oil and gas lease sales in the pre-1 ceding month. 2 ‘‘(2) A PPLICATIONS FOR PERMITS TO DRILL .— 3 Not later than 30 days after the date of the enactment 4 of this subsection, and each month thereafter, the Sec-5 retary shall publish on the website of the Department 6 of the Interior the number of pending and approved 7 applications for permits to drill in the preceding 8 month in each State office. 9 ‘‘(3) P AST DATA.—Not later than 30 days after 10 the date of the enactment of this subsection, the Sec-11 retary shall publish on the website of the Department 12 of the Interior, with respect to each month during the 13 5-year period ending on the date of the enactment of 14 this subsection— 15 ‘‘(A) the number of approved and not ap-16 proved expressions of interest for onshore oil and 17 gas lease sales during such 5-year period; and 18 ‘‘(B) the number of approved and not ap-19 proved applications for permits to drill during 20 such 5-year period.’’. 21 (2) O UTER CONTINENTAL SHELF LANDS ACT .— 22 Section 8 of the Outer Continental Shelf Lands Act 23 (43 U.S.C. 1337) is amended by adding at the end the 24 following: 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 18 •HR 1335 RH ‘‘(q) PUBLICAVAILABILITY OFDATA.— 1 ‘‘(1) O FFSHORE GEOLOGICAL AND GEOPHYSICAL 2 SURVEY LICENSES.—Not later than 30 days after the 3 date of the enactment of this subsection, and each 4 month thereafter, the Secretary shall publish on the 5 website of the Department of the Interior the number 6 of pending and approved applications for licenses for 7 offshore geological and geophysical surveys in the pre-8 ceding month. 9 ‘‘(2) A PPLICATIONS FOR PERMITS TO DRILL .— 10 Not later than 30 days after the date of the enactment 11 of this subsection, and each month thereafter, the Sec-12 retary shall publish on the website of the Department 13 of the Interior the number of pending and approved 14 applications for permits to drill on the outer Conti-15 nental Shelf in the preceding month in each regional 16 office. 17 ‘‘(3) P AST DATA.—Not later than 30 days after 18 the date of the enactment of this subsection, the Sec-19 retary shall publish on the website of the Department 20 of the Interior, with respect each month during the 5- 21 year period ending on the date of the enactment of 22 this subsection— 23 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 19 •HR 1335 RH ‘‘(A) the number of approved applications 1 for licenses for offshore geological and geo-2 physical surveys; and 3 ‘‘(B) the number of approved applications 4 for permits to drill on the outer Continental 5 Shelf.’’. 6 (d) R EQUIREMENTTOSUBMITDOCUMENTS ANDCOM-7 MUNICATIONS.— 8 (1) I N GENERAL.—Not later than 60 days after 9 the date of the enactment of this section, the Secretary 10 of the Interior shall submit to the Committee on En-11 ergy and Natural Resources of the Senate and the 12 Committee on Natural Resources of the House of Rep-13 resentatives all documents and communications relat-14 ing to the comprehensive review of Federal oil and 15 gas permitting and leasing practices required under 16 section 208 of Executive Order 14008 (86 Fed. Reg. 17 7624; relating to tackling the climate crisis at home 18 and abroad). 19 (2) I NCLUSIONS.—The submission under para-20 graph (1) shall include all documents and commu-21 nications submitted to the Secretary of the Interior by 22 members of the public in response to any public meet-23 ing or forum relating to the comprehensive review de-24 scribed in that paragraph. 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 20 •HR 1335 RH SEC. 107. OFFSHORE OIL AND GAS LEASING. 1 (a) I NGENERAL.—The Secretary shall conduct all 2 lease sales described in the 2017–2022 Outer Continental 3 Shelf Oil and Gas Leasing Proposed Final Program (No-4 vember 2016) that have not been conducted as of the date 5 of the enactment of this Act by not later than September 6 30, 2023. 7 (b) G ULF OFMEXICOREGIONANNUALLEASE 8 S ALES.—Notwithstanding any other provision of law, and 9 except within areas subject to existing oil and gas leasing 10 moratoria beginning in fiscal year 2023, the Secretary of 11 the Interior shall annually conduct a minimum of 2 region- 12 wide oil and gas lease sales in the following planning areas 13 of the Gulf of Mexico region, as described in the 2017–2022 14 Outer Continental Shelf Oil and Gas Leasing Proposed 15 Final Program (November 2016): 16 (1) The Central Gulf of Mexico Planning Area. 17 (2) The Western Gulf of Mexico Planning Area. 18 (c) A LASKAREGIONANNUALLEASESALES.—Not-19 withstanding any other provision of law, beginning in fis-20 cal year 2023, the Secretary of the Interior shall annually 21 conduct a minimum of 2 region-wide oil and gas lease sales 22 in the Alaska region of the Outer Continental Shelf, as de-23 scribed in the 2017–2022 Outer Continental Shelf Oil and 24 Gas Leasing Proposed Final Program (November 2016). 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 21 •HR 1335 RH (d) REQUIREMENTS.—In conducting lease sales under 1 subsections (b) and (c), the Secretary of the Interior shall— 2 (1) issue such leases in accordance with the 3 Outer Continental Shelf Lands Act (43 U.S.C. 1332 4 et seq.); and 5 (2) include in each such lease sale all unleased 6 areas that are not subject to a moratorium as of the 7 date of the lease sale. 8 SEC. 108. FIVE-YEAR PLAN FOR OFFSHORE OIL AND GAS 9 LEASING. 10 Section 18 of the Outer Continental Shelf Lands Act 11 (43 U.S.C. 1344) is amended— 12 (1) in subsection (a)— 13 (A) by striking ‘‘subsections (c) and (d) of 14 this section, shall prepare and periodically re-15 vise,’’ and inserting ‘‘this section, shall issue 16 every five years’’; 17 (B) by adding at the end the following: 18 ‘‘(5) Each five-year program shall include at 19 least two Gulf of Mexico region-wide lease sales per 20 year.’’; and 21 (C) in paragraph (3), by inserting ‘‘domes-22 tic energy security,’’ after ‘‘between’’; 23 (2) by redesignating subsections (f) through (i) 24 as subsections (h) through (k), respectively; and 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 22 •HR 1335 RH (3) by inserting after subsection (e) the following: 1 ‘‘(f) F IVE-YEARPROGRAM FOR2023–2028.—The Sec-2 retary shall issue the five-year oil and gas leasing program 3 for 2023 through 2028 and issue the Record of Decision on 4 the Final Programmatic Environmental Impact Statement 5 by not later than July 1, 2023. 6 ‘‘(g) S UBSEQUENTLEASINGPROGRAMS.— 7 ‘‘(1) I N GENERAL.—Not later than 36 months 8 after conducting the first lease sale under an oil and 9 gas leasing program prepared pursuant to this sec-10 tion, the Secretary shall begin preparing the subse-11 quent oil and gas leasing program under this section. 12 ‘‘(2) R EQUIREMENT.—Each subsequent oil and 13 gas leasing program under this section shall be ap-14 proved by not later than 180 days before the expira-15 tion of the previous oil and gas leasing program.’’. 16 SEC. 109. GEOTHERMAL LEASING. 17 (a) A NNUALLEASING.—Section 4(b) of the Geothermal 18 Steam Act of 1970 (30 U.S.C. 1003(b)) is amended— 19 (1) in paragraph (2), by striking ‘‘2 years’’ and 20 inserting ‘‘year’’; 21 (2) by redesignating paragraphs (3) and (4) as 22 paragraphs (5) and (6), respectively; and 23 (3) after paragraph (2), by inserting the fol-24 lowing: 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 23 •HR 1335 RH ‘‘(3) REPLACEMENT SALES .—If a lease sale 1 under paragraph (1) for a year is canceled or de-2 layed, the Secretary of the Interior shall conduct a re-3 placement sale during the same year. 4 ‘‘(4) R EQUIREMENT.—In conducting a lease sale 5 under paragraph (2) in a State described in that 6 paragraph, the Secretary of the Interior shall offer all 7 nominated parcels eligible for geothermal development 8 and utilization under the resource management plan 9 in effect for the State.’’. 10 (b) D EADLINES FORCONSIDERATION OFGEOTHERMAL 11 D RILLINGPERMITS.—Section 4 of the Geothermal Steam 12 Act of 1970 (30 U.S.C. 1003) is amended by adding at the 13 end the following: 14 ‘‘(h) D EADLINES FOR CONSIDERATION OF GEO-15 THERMALDRILLINGPERMITS.— 16 ‘‘(1) N OTICE.—Not later than 30 days after the 17 date on which the Secretary receives an application 18 for any geothermal drilling permit, the Secretary 19 shall— 20 ‘‘(A) provide written notice to the applicant 21 that the application is complete; or 22 ‘‘(B) notify the applicant that information 23 is missing and specify any information that is 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 24 •HR 1335 RH required to be submitted for the application to be 1 complete. 2 ‘‘(2) I SSUANCE OF DECISION.—If the Secretary 3 determines that an application for a geothermal drill-4 ing permit is complete under paragraph (1)(A), the 5 Secretary shall issue a final decision on the applica-6 tion not later than 30 days after the Secretary noti-7 fies the applicant that the application is complete.’’. 8 SEC. 110. LEASING FOR CERTAIN QUALIFIED COAL APPLI-9 CATIONS. 10 (a) D EFINITIONS.—In this section: 11 (1) C OAL LEASE.—The term ‘‘coal lease’’ means 12 a lease entered into by the United States as lessor, 13 through the Bureau of Land Management, and the 14 applicant on Bureau of Land Management Form 15 3400–012. 16 (2) Q UALIFIED APPLICATION.—The term ‘‘quali-17 fied application’’ means any application pending 18 under the lease by application program administered 19 by the Bureau of Land Management pursuant to the 20 Mineral Leasing Act (30 U.S.C. 181 et seq.) and sub-21 part 3425 of title 43, Code of Federal Regulations (as 22 in effect on the date of the enactment of this Act), for 23 which the environmental review process under the Na-24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 25 •HR 1335 RH tional Environmental Policy Act of 1969 (42 U.S.C. 1 4321 et seq.) has commenced. 2 (b) M ANDATORYLEASING ANDOTHERREQUIREDAP-3 PROVALS.—As soon as practicable after the date of the en-4 actment of this Act, the Secretary shall promptly— 5 (1) with respect to each qualified application— 6 (A) if not previously published for public 7 comment, publish a draft environmental assess-8 ment, as required under the National Environ-9 mental Policy Act of 1969 (42 U.S.C. 4321 et 10 seq.) and any applicable implementing regula-11 tions; 12 (B) finalize the fair market value of the coal 13 tract for which a lease by application is pend-14 ing; 15 (C) take all intermediate actions necessary 16 to grant the qualified application; and 17 (D) grant the qualified application; and 18 (2) with respect to previously awarded coal 19 leases, grant any additional approvals of the Depart-20 ment of the Interior or any bureau, agency, or divi-21 sion of the Department of the Interior required for 22 mining activities to commence. 23 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 26 •HR 1335 RH SEC. 111. FUTURE COAL LEASING. 1 Notwithstanding any judicial decision to the contrary 2 or a departmental review of the Federal coal leasing pro-3 gram, Secretarial Order 3338, issued by the Secretary of 4 the Interior on January 15, 2016, shall have no force or 5 effect. 6 SEC. 112. STAFF PLANNING REPORT. 7 The Secretary of the Interior and the Secretary of Ag-8 riculture shall each annually submit to the Committee on 9 Natural Resources of the House of Representatives and the 10 Committee on Energy and Natural Resources of the Senate 11 a report on the staffing capacity of each respective agency 12 with respect to issuing oil, gas, hardrock mining, coal, and 13 renewable energy leases, rights-of-way, claims, easements, 14 and permits. Each such report shall include— 15 (1) the number of staff assigned to process and 16 issue oil, gas, hardrock mining, coal, and renewable 17 energy leases, rights-of-way, claims, easements, and 18 permits; 19 (2) a description of how many staff are needed 20 to meet statutory requirements for such oil, gas, 21 hardrock mining, coal, and renewable energy leases, 22 rights-of-way, claims, easements, and permits; and 23 (3) how, as applicable, the Department of the In-24 terior or the Department of Agriculture plans to ad-25 dress staffing shortfalls and turnover to ensure ade-26 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 27 •HR 1335 RH quate staffing to process and issue such oil, gas, 1 hardrock mining, coal, and renewable energy leases, 2 rights-of-way, claims, easements, and permits. 3 SEC. 113. PROHIBITION ON CHINESE COMMUNIST PARTY 4 OWNERSHIP INTEREST. 5 Notwithstanding any other provision of law, the Com-6 munist Party of China (or a person acting on behalf of the 7 Community Party of China) may not acquire any interest 8 with respect to lands leased for oil or gas under the Mineral 9 Leasing Act (30 U.S.C. 181 et seq.) or the Outer Conti-10 nental Shelf Lands Act (43 U.S.C. 1331 et seq.). 11 SEC. 114. EFFECT ON OTHER LAW. 12 Nothing in this Act, or any amendments made by this 13 Act, shall affect— 14 (1) the Presidential memorandum titled ‘‘Memo-15 randum on Withdrawal of Certain Areas of the 16 United States Outer Continental Shelf From Leasing 17 Disposition’’ and dated September 8, 2020; 18 (2) the Presidential memorandum titled ‘‘Memo-19 randum on Withdrawal of Certain Areas of the 20 United States Outer Continental Shelf From Leasing 21 Disposition’’ and dated September 25, 2020; 22 (3) the Presidential memorandum titled ‘‘Memo-23 randum on Withdrawal of Certain Areas off the At-24 lantic Coast on the Outer Continental Shelf From 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 28 •HR 1335 RH Leasing Disposition’’ and dated December 20, 2016; 1 or 2 (4) the ban on oil and gas development in the 3 Great Lakes described in section 386 of the Energy 4 Policy Act of 2005 (42 U.S.C. 15941). 5 TITLE II—PERMITTING 6 STREAMLINING 7 SEC. 201. DEFINITIONS. 8 In this title: 9 (1) E NERGY FACILITY.—The term ‘‘energy facil-10 ity’’ means a facility the primary purpose of which 11 is the exploration for, or the development, production, 12 conversion, gathering, storage, transfer, processing, or 13 transportation of, any energy resource. 14 (2) E NERGY STORAGE DEVICE .—The term ‘‘en-15 ergy storage device’’— 16 (A) means any equipment that stores en-17 ergy, including electricity, compressed air, 18 pumped water, heat, and hydrogen, which may 19 be converted into, or used to produce, electricity; 20 and 21 (B) includes a battery, regenerative fuel cell, 22 flywheel, capacitor, superconducting magnet, and 23 any other equipment the Secretary concerned de-24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 29 •HR 1335 RH termines may be used to store energy which may 1 be converted into, or used to produce, electricity. 2 (3) P UBLIC LANDS.—The term ‘‘public lands’’ 3 means any land and interest in land owned by the 4 United States within the several States and adminis-5 tered by the Secretary of the Interior or the Secretary 6 of Agriculture without regard to how the United 7 States acquired ownership, except— 8 (A) lands located on the Outer Continental 9 Shelf; and 10 (B) lands held in trust by the United States 11 for the benefit of Indians, Indian Tribes, Aleuts, 12 and Eskimos. 13 (4) R IGHT-OF-WAY.—The term ‘‘right-of-way’’ 14 means— 15 (A) a right-of-way issued, granted, or re-16 newed under section 501 of the Federal Land 17 Policy and Management Act of 1976 (43 U.S.C. 18 1761); or 19 (B) a right-of-way granted under section 28 20 of the Mineral Leasing Act (30 U.S.C. 185). 21 (5) S ECRETARY CONCERNED .—The term ‘‘Sec-22 retary concerned’’ means— 23 (A) with respect to public lands, the Sec-24 retary of the Interior; and 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 30 •HR 1335 RH (B) with respect to National Forest System 1 lands, the Secretary of Agriculture. 2 (6) L AND USE PLAN.—The term ‘‘land use plan’’ 3 means— 4 (A) a land and resource management plan 5 prepared by the Forest Service for a unit of the 6 National Forest System pursuant to section 6 of 7 the Forest and Rangeland Renewable Resources 8 Planning Act of 1974 (16 U.S.C. 1604); 9 (B) a Land Management Plan developed by 10 the Bureau of Land Management under the Fed-11 eral Land Policy and Management Act of 1976 12 (43 U.S.C. 1701 et seq.); or 13 (C) a comprehensive conservation plan de-14 veloped by the United States Fish and Wildlife 15 Service under section 4(e)(1)(A) of the National 16 Wildlife Refuge System Administration Act of 17 1966 (16 U.S.C. 668dd(e)(1)(A)). 18 SEC. 202. BUILDER ACT. 19 (a) P ARAGRAPH(2) OFSECTION102.—Section 102(2) 20 of the National Environmental Policy Act of 1969 (42 21 U.S.C. 4332(2)) is amended— 22 (1) in subparagraph (A), by striking ‘‘insure’’ 23 and inserting ‘‘ensure’’; 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 31 •HR 1335 RH (2) in subparagraph (B), by striking ‘‘insure’’ 1 and inserting ‘‘ensure’’; 2 (3) in subparagraph (C)— 3 (A) by inserting ‘‘consistent with the provi-4 sions of this Act and except as provided by other 5 provisions of law,’’ before ‘‘include in every’’; 6 (B) by striking clauses (i) through (v) and 7 inserting the following: 8 ‘‘(i) reasonably foreseeable environmental ef-9 fects with a reasonably close causal relationship 10 to the proposed agency action; 11 ‘‘(ii) any reasonably foreseeable adverse en-12 vironmental effects which cannot be avoided 13 should the proposal be implemented; 14 ‘‘(iii) a reasonable number of alternatives to 15 the proposed agency action, including an anal-16 ysis of any negative environmental impacts of 17 not implementing the proposed agency action in 18 the case of a no action alternative, that are tech-19 nically and economically feasible, are within the 20 jurisdiction of the agency, meet the purpose and 21 need of the proposal, and, where applicable, meet 22 the goals of the applicant; 23 ‘‘(iv) the relationship between local short- 24 term uses of man’s environment and the mainte-25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 32 •HR 1335 RH nance and enhancement of long-term produc-1 tivity; and 2 ‘‘(v) any irreversible and irretrievable com-3 mitments of Federal resources which would be 4 involved in the proposed agency action should it 5 be implemented.’’; and 6 (C) by striking ‘‘the responsible Federal offi-7 cial’’ and inserting ‘‘the head of the lead agen-8 cy’’; 9 (4) in subparagraph (D), by striking ‘‘Any’’ and 10 inserting ‘‘any’’; 11 (5) by redesignating subparagraphs (D) through 12 (I) as subparagraphs (F) through (K), respectively; 13 (6) by inserting after subparagraph (C) the fol-14 lowing: 15 ‘‘(D) ensure the professional integrity, including 16 scientific integrity, of the discussion and analysis in 17 an environmental document; 18 ‘‘(E) make use of reliable existing data and re-19 sources in carrying out this Act;’’; 20 (7) by amending subparagraph (G), as redesig-21 nated, to read as follows: 22 ‘‘(G) consistent with the provisions of this Act, 23 study, develop, and describe technically and economi-24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 33 •HR 1335 RH cally feasible alternatives within the jurisdiction and 1 authority of the agency;’’; and 2 (8) in subparagraph (H), as amended, by insert-3 ing ‘‘consistent with the provisions of this Act,’’ before 4 ‘‘recognize’’. 5 (b) N EWSECTIONS.—Title I of the National Environ-6 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is 7 amended by adding at the end the following: 8 ‘‘SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF 9 REVIEW. 10 ‘‘(a) T HRESHOLDDETERMINATIONS.—An agency is 11 not required to prepare an environmental document with 12 respect to a proposed agency action if— 13 ‘‘(1) the proposed agency action is not a final 14 agency action within the meaning of such term in 15 chapter 5 of title 5, United States Code; 16 ‘‘(2) the proposed agency action is covered by a 17 categorical exclusion established by the agency, an-18 other Federal agency, or another provision of law; 19 ‘‘(3) the preparation of such document would 20 clearly and fundamentally conflict with the require-21 ments of another provision of law; 22 ‘‘(4) the proposed agency action is, in whole or 23 in part, a nondiscretionary action with respect to 24 which such agency does not have authority to take en-25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 34 •HR 1335 RH vironmental factors into consideration in determining 1 whether to take the proposed action; 2 ‘‘(5) the proposed agency action is a rulemaking 3 that is subject to section 553 of title 5, United States 4 Code; or 5 ‘‘(6) the proposed agency action is an action for 6 which such agency’s compliance with another statute’s 7 requirements serve the same or similar function as the 8 requirements of this Act with respect to such action. 9 ‘‘(b) L EVELS OFREVIEW.— 10 ‘‘(1) E NVIRONMENTAL IMPACT STATEMENT .—An 11 agency shall issue an environmental impact statement 12 with respect to a proposed agency action that has a 13 significant effect on the quality of the human environ-14 ment. 15 ‘‘(2) E NVIRONMENTAL ASSESSMENT .—An agency 16 shall prepare an environmental assessment with re-17 spect to a proposed agency action that is not likely 18 to have a significant effect on the quality of the 19 human environment, or if the significance of such ef-20 fect is unknown, unless the agency finds that a cat-21 egorical exclusion established by the agency, another 22 Federal agency, or another provision of law applies. 23 Such environmental assessment shall be a concise 24 public document prepared by a Federal agency to set 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 35 •HR 1335 RH forth the basis of such agency’s finding of no signifi-1 cant impact. 2 ‘‘(3) S OURCES OF INFORMATION .—In making a 3 determination under this subsection, an agency— 4 ‘‘(A) may make use of any reliable data 5 source; and 6 ‘‘(B) is not required to undertake new sci-7 entific or technical research. 8 ‘‘SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS. 9 ‘‘(a) L EADAGENCY.— 10 ‘‘(1) D ESIGNATION.— 11 ‘‘(A) I N GENERAL.—If there are two or 12 more involved Federal agencies, such agencies 13 shall determine, by letter or memorandum, which 14 agency shall be the lead agency based on consid-15 eration of the following factors: 16 ‘‘(i) Magnitude of agency’s involve-17 ment. 18 ‘‘(ii) Project approval or disapproval 19 authority. 20 ‘‘(iii) Expertise concerning the action’s 21 environmental effects. 22 ‘‘(iv) Duration of agency’s involve-23 ment. 24 ‘‘(v) Sequence of agency’s involvement. 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 36 •HR 1335 RH ‘‘(B) JOINT LEAD AGENCIES.—In making a 1 determination under subparagraph (A), the in-2 volved Federal agencies may, in addition to a 3 Federal agency, appoint such Federal, State, 4 Tribal, or local agencies as joint lead agencies as 5 the involved Federal agencies shall determine ap-6 propriate. Joint lead agencies shall jointly fulfill 7 the role described in paragraph (2). 8 ‘‘(C) M INERAL PROJECTS.—This paragraph 9 shall not apply with respect to a mineral explo-10 ration or mine permit. 11 ‘‘(2) R OLE.—A lead agency shall, with respect to 12 a proposed agency action— 13 ‘‘(A) supervise the preparation of an envi-14 ronmental document if, with respect to such pro-15 posed agency action, there is more than one in-16 volved Federal agency; 17 ‘‘(B) request the participation of each co-18 operating agency at the earliest practicable time; 19 ‘‘(C) in preparing an environmental docu-20 ment, give consideration to any analysis or pro-21 posal created by a cooperating agency with juris-22 diction by law or a cooperating agency with spe-23 cial expertise; 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 37 •HR 1335 RH ‘‘(D) develop a schedule, in consultation 1 with each involved cooperating agency, the ap-2 plicant, and such other entities as the lead agen-3 cy determines appropriate, for completion of any 4 environmental review, permit, or authorization 5 required to carry out the proposed agency action; 6 ‘‘(E) if the lead agency determines that a 7 review, permit, or authorization will not be com-8 pleted in accordance with the schedule developed 9 under subparagraph (D), notify the agency re-10 sponsible for issuing such review, permit, or au-11 thorization of the discrepancy and request that 12 such agency take such measures as such agency 13 determines appropriate to comply with such 14 schedule; and 15 ‘‘(F) meet with a cooperating agency that 16 requests such a meeting. 17 ‘‘(3) C OOPERATING AGENCY.—The lead agency 18 may, with respect to a proposed agency action, des-19 ignate any involved Federal agency or a State, Trib-20 al, or local agency as a cooperating agency. A cooper-21 ating agency may, not later than a date specified by 22 the lead agency, submit comments to the lead agency. 23 Such comments shall be limited to matters relating to 24 the proposed agency action with respect to which such 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 38 •HR 1335 RH agency has special expertise or jurisdiction by law 1 with respect to an environmental issue. 2 ‘‘(4) R EQUEST FOR DESIGNATION .—Any Federal, 3 State, Tribal, or local agency or person that is sub-4 stantially affected by the lack of a designation of a 5 lead agency with respect to a proposed agency action 6 under paragraph (1) may submit a written request 7 for such a designation to an involved Federal agency. 8 An agency that receives a request under this para-9 graph shall transmit such request to each involved 10 Federal agency and to the Council. 11 ‘‘(5) C OUNCIL DESIGNATION.— 12 ‘‘(A) R EQUEST.—Not earlier than 45 days 13 after the date on which a request is submitted 14 under paragraph (4), if no designation has been 15 made under paragraph (1), a Federal, State, 16 Tribal, or local agency or person that is substan-17 tially affected by the lack of a designation of a 18 lead agency may request that the Council des-19 ignate a lead agency. Such request shall consist 20 of— 21 ‘‘(i) a precise description of the nature 22 and extent of the proposed agency action; 23 and 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 39 •HR 1335 RH ‘‘(ii) a detailed statement with respect 1 to each involved Federal agency and each 2 factor listed in paragraph (1) regarding 3 which agency should serve as lead agency. 4 ‘‘(B) T RANSMISSION.—The Council shall 5 transmit a request received under subparagraph 6 (A) to each involved Federal agency. 7 ‘‘(C) R ESPONSE.—An involved Federal 8 agency may, not later than 20 days after the 9 date of the submission of a request under sub-10 paragraph (A), submit to the Council a response 11 to such request. 12 ‘‘(D) D ESIGNATION.—Not later than 40 13 days after the date of the submission of a request 14 under subparagraph (A), the Council shall des-15 ignate the lead agency with respect to the rel-16 evant proposed agency action. 17 ‘‘(b) O NEDOCUMENT.— 18 ‘‘(1) D OCUMENT.—To the extent practicable, if 19 there are 2 or more involved Federal agencies with re-20 spect to a proposed agency action and the lead agency 21 has determined that an environmental document is 22 required, such requirement shall be deemed satisfied 23 with respect to all involved Federal agencies if the 24 lead agency issues such an environmental document. 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 40 •HR 1335 RH ‘‘(2) CONSIDERATION TIMING.—In developing an 1 environmental document for a proposed agency ac-2 tion, no involved Federal agency shall be required to 3 consider any information that becomes available after 4 the sooner of, as applicable— 5 ‘‘(A) receipt of a complete application with 6 respect to such proposed agency action; or 7 ‘‘(B) publication of a notice of intent or de-8 cision to prepare an environmental impact state-9 ment for such proposed agency action. 10 ‘‘(3) S COPE OF REVIEW.—In developing an envi-11 ronmental document for a proposed agency action, the 12 lead agency and any other involved Federal agencies 13 shall only consider the effects of the proposed agency 14 action that— 15 ‘‘(A) occur on Federal land; or 16 ‘‘(B) are subject to Federal control and re-17 sponsibility. 18 ‘‘(c) R EQUEST FORPUBLICCOMMENT.—Each notice 19 of intent to prepare an environmental impact statement 20 under section 102 shall include a request for public com-21 ment on alternatives or impacts and on relevant informa-22 tion, studies, or analyses with respect to the proposed agen-23 cy action. 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 41 •HR 1335 RH ‘‘(d) STATEMENT OFPURPOSE ANDNEED.—Each en-1 vironmental impact statement shall include a statement of 2 purpose and need that briefly summarizes the underlying 3 purpose and need for the proposed agency action. 4 ‘‘(e) E STIMATEDTOTALCOST.—The cover sheet for 5 each environmental impact statement shall include a state-6 ment of the estimated total cost of preparing such environ-7 mental impact statement, including the costs of agency full- 8 time equivalent personnel hours, contractor costs, and other 9 direct costs. 10 ‘‘(f) P AGELIMITS.— 11 ‘‘(1) E NVIRONMENTAL IMPACT STATEMENTS .— 12 ‘‘(A) I N GENERAL.—Except as provided in 13 subparagraph (B), an environmental impact 14 statement shall not exceed 150 pages, not includ-15 ing any citations or appendices. 16 ‘‘(B) E XTRAORDINARY COMPLEXITY .—An 17 environmental impact statement for a proposed 18 agency action of extraordinary complexity shall 19 not exceed 300 pages, not including any cita-20 tions or appendices. 21 ‘‘(2) E NVIRONMENTAL ASSESSMENTS .—An envi-22 ronmental assessment shall not exceed 75 pages, not 23 including any citations or appendices. 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 42 •HR 1335 RH ‘‘(g) SPONSORPREPARATION.—A lead agency shall 1 allow a project sponsor to prepare an environmental assess-2 ment or an environmental impact statement upon request 3 of the project sponsor. Such agency may provide such spon-4 sor with appropriate guidance and assist in the prepara-5 tion. The lead agency shall independently evaluate the envi-6 ronmental document and shall take responsibility for the 7 contents upon adoption. 8 ‘‘(h) D EADLINES.— 9 ‘‘(1) I N GENERAL.—Except as provided in para-10 graph (2), with respect to a proposed agency action, 11 a lead agency shall complete, as applicable— 12 ‘‘(A) the environmental impact statement 13 not later than the date that is 2 years after the 14 sooner of, as applicable— 15 ‘‘(i) the date on which such agency de-16 termines that section 102(2)(C) requires the 17 issuance of an environmental impact state-18 ment with respect to such action; 19 ‘‘(ii) the date on which such agency no-20 tifies the applicant that the application to 21 establish a right-of-way for such action is 22 complete; and 23 ‘‘(iii) the date on which such agency 24 issues a notice of intent to prepare the envi-25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 43 •HR 1335 RH ronmental impact statement for such action; 1 and 2 ‘‘(B) the environmental assessment not later 3 than the date that is 1 year after the sooner of, 4 as applicable— 5 ‘‘(i) the date on which such agency de-6 termines that section 106(b)(2) requires the 7 preparation of an environmental assessment 8 with respect to such action; 9 ‘‘(ii) the date on which such agency no-10 tifies the applicant that the application to 11 establish a right-of-way for such action is 12 complete; and 13 ‘‘(iii) the date on which such agency 14 issues a notice of intent to prepare the envi-15 ronmental assessment for such action. 16 ‘‘(2) D ELAY.—A lead agency that determines it 17 is not able to meet the deadline described in para-18 graph (1) may extend such deadline with the ap-19 proval of the applicant. If the applicant approves 20 such an extension, the lead agency shall establish a 21 new deadline that provides only so much additional 22 time as is necessary to complete such environmental 23 impact statement or environmental assessment. 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 44 •HR 1335 RH ‘‘(3) EXPENDITURES FOR DELAY .—If a lead 1 agency is unable to meet the deadline described in 2 paragraph (1) or extended under paragraph (2), the 3 lead agency must pay $100 per day, to the extent 4 funding is provided in advance in an appropriations 5 Act, out of the office of the head of the department of 6 the lead agency to the applicant starting on the first 7 day immediately following the deadline described in 8 paragraph (1) or extended under paragraph (2) up 9 until the date that an applicant approves a new 10 deadline. This paragraph does not apply when the 11 lead agency misses a deadline solely due to delays 12 caused by litigation. 13 ‘‘(i) R EPORT.— 14 ‘‘(1) I N GENERAL.—The head of each lead agency 15 shall annually submit to the Committee on Natural 16 Resources of the House of Representatives and the 17 Committee on Environment and Public Works of the 18 Senate a report that— 19 ‘‘(A) identifies any environmental assess-20 ment and environmental impact statement that 21 such lead agency did not complete by the dead-22 line described in subsection (h); and 23 ‘‘(B) provides an explanation for any fail-24 ure to meet such deadline. 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 45 •HR 1335 RH ‘‘(2) INCLUSIONS.—Each report submitted under 1 paragraph (1) shall identify, as applicable— 2 ‘‘(A) the office, bureau, division, unit, or 3 other entity within the Federal agency respon-4 sible for each such environmental assessment and 5 environmental impact statement; 6 ‘‘(B) the date on which— 7 ‘‘(i) such lead agency notified the ap-8 plicant that the application to establish a 9 right-of-way for the major Federal action is 10 complete; 11 ‘‘(ii) such lead agency began the 12 scoping for the major Federal action; or 13 ‘‘(iii) such lead agency issued a notice 14 of intent to prepare the environmental as-15 sessment or environmental impact statement 16 for the major Federal action; and 17 ‘‘(C) when such environmental assessment 18 and environmental impact statement is expected 19 to be complete. 20 ‘‘SEC. 108. JUDICIAL REVIEW. 21 ‘‘(a) L IMITATIONS ONCLAIMS.—Notwithstanding any 22 other provision of law, a claim arising under Federal law 23 seeking judicial review of compliance with this Act, of a 24 determination made under this Act, or of Federal action 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 46 •HR 1335 RH resulting from a determination made under this Act, shall 1 be barred unless— 2 ‘‘(1) in the case of a claim pertaining to a pro-3 posed agency action for which— 4 ‘‘(A) an environmental document was pre-5 pared and an opportunity for comment was pro-6 vided; 7 ‘‘(B) the claim is filed by a party that par-8 ticipated in the administrative proceedings re-9 garding such environmental document; and 10 ‘‘(C) the claim— 11 ‘‘(i) is filed by a party that submitted 12 a comment during the public comment pe-13 riod for such administrative proceedings 14 and such comment was sufficiently detailed 15 to put the lead agency on notice of the issue 16 upon which the party seeks judicial review; 17 and 18 ‘‘(ii) is related to such comment; 19 ‘‘(2) except as provided in subsection (b), such 20 claim is filed not later than 120 days after the date 21 of publication of a notice in the Federal Register of 22 agency intent to carry out the proposed agency ac-23 tion; 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 47 •HR 1335 RH ‘‘(3) such claim is filed after the issuance of a 1 record of decision or other final agency action with 2 respect to the relevant proposed agency action; 3 ‘‘(4) such claim does not challenge the establish-4 ment or use of a categorical exclusion under section 5 102; and 6 ‘‘(5) such claim concerns— 7 ‘‘(A) an alternative included in the environ-8 mental document; or 9 ‘‘(B) an environmental effect considered in 10 the environmental document. 11 ‘‘(b) S UPPLEMENTALENVIRONMENTALIMPACTSTATE-12 MENT.— 13 ‘‘(1) S EPARATE FINAL AGENCY ACTION .—The 14 issuance of a Federal action resulting from a final 15 supplemental environmental impact statement shall 16 be considered a final agency action for the purposes 17 of chapter 5 of title 5, United States Code, separate 18 from the issuance of any previous environmental im-19 pact statement with respect to the same proposed 20 agency action. 21 ‘‘(2) D EADLINE FOR FILING A CLAIM .—A claim 22 seeking judicial review of a Federal action resulting 23 from a final supplemental environmental review 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 48 •HR 1335 RH issued under section 102(2)(C) shall be barred un-1 less— 2 ‘‘(A) such claim is filed within 120 days of 3 the date on which a notice of the Federal agency 4 action resulting from a final supplemental envi-5 ronmental impact statement is issued; and 6 ‘‘(B) such claim is based on information 7 contained in such supplemental environmental 8 impact statement that was not contained in a 9 previous environmental document pertaining to 10 the same proposed agency action. 11 ‘‘(c) P ROHIBITION ONINJUNCTIVERELIEF.—Notwith-12 standing any other provision of law, a violation of this Act 13 shall not constitute the basis for injunctive relief. 14 ‘‘(d) R ULE OFCONSTRUCTION.—Nothing in this sec-15 tion shall be construed to create a right of judicial review 16 or place any limit on filing a claim with respect to the 17 violation of the terms of a permit, license, or approval. 18 ‘‘(e) R EMAND.—Notwithstanding any other provision 19 of law, no proposed agency action for which an environ-20 mental document is required shall be vacated or otherwise 21 limited, delayed, or enjoined unless a court concludes allow-22 ing such proposed action will pose a risk of an imminent 23 and substantial environmental harm and there is no other 24 equitable remedy available as a matter of law. 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 49 •HR 1335 RH ‘‘SEC. 109. DEFINITIONS. 1 ‘‘In this title: 2 ‘‘(1) C ATEGORICAL EXCLUSION.—The term ‘cat-3 egorical exclusion’ means a category of actions that a 4 Federal agency has determined normally does not sig-5 nificantly affect the quality of the human environ-6 ment within the meaning of section 102(2)(C). 7 ‘‘(2) C OOPERATING AGENCY.—The term ‘cooper-8 ating agency’ means any Federal, State, Tribal, or 9 local agency that has been designated as a cooper-10 ating agency under section 107(a)(3). 11 ‘‘(3) C OUNCIL.—The term ‘Council’ means the 12 Council on Environmental Quality established in title 13 II. 14 ‘‘(4) E NVIRONMENTAL ASSESSMENT .—The term 15 ‘environmental assessment’ means an environmental 16 assessment prepared under section 106(b)(2). 17 ‘‘(5) E NVIRONMENTAL DOCUMENT .—The term 18 ‘environmental document’ means an environmental 19 impact statement, an environmental assessment, or a 20 finding of no significant impact. 21 ‘‘(6) E NVIRONMENTAL IMPACT STATEMENT .—The 22 term ‘environmental impact statement’ means a de-23 tailed written statement that is required by section 24 102(2)(C). 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 50 •HR 1335 RH ‘‘(7) FINDING OF NO SIGNIFICANT IMPACT .—The 1 term ‘finding of no significant impact’ means a deter-2 mination by a Federal agency that a proposed agency 3 action does not require the issuance of an environ-4 mental impact statement. 5 ‘‘(8) I NVOLVED FEDERAL AGENCY .—The term 6 ‘involved Federal agency’ means an agency that, with 7 respect to a proposed agency action— 8 ‘‘(A) proposed such action; or 9 ‘‘(B) is involved in such action because such 10 action is directly related, through functional 11 interdependence or geographic proximity, to an 12 action such agency has taken or has proposed to 13 take. 14 ‘‘(9) L EAD AGENCY.— 15 ‘‘(A) I N GENERAL.—Except as provided in 16 subparagraph (B), the term ‘lead agency’ means, 17 with respect to a proposed agency action— 18 ‘‘(i) the agency that proposed such ac-19 tion; or 20 ‘‘(ii) if there are 2 or more involved 21 Federal agencies with respect to such action, 22 the agency designated under section 23 107(a)(1). 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 51 •HR 1335 RH ‘‘(B) SPECIFICATION FOR MINERAL EXPLO -1 RATION OR MINE PERMITS .—With respect to a 2 proposed mineral exploration or mine permit, 3 the term ‘lead agency’ has the meaning given 4 such term in section 40206(a) of the Infrastruc-5 ture Investment and Jobs Act. 6 ‘‘(10) M AJOR FEDERAL ACTION.— 7 ‘‘(A) I N GENERAL.—The term ‘major Fed-8 eral action’ means an action that the agency 9 carrying out such action determines is subject to 10 substantial Federal control and responsibility. 11 ‘‘(B) E XCLUSION.—The term ‘major Federal 12 action’ does not include— 13 ‘‘(i) a non-Federal action— 14 ‘‘(I) with no or minimal Federal 15 funding; 16 ‘‘(II) with no or minimal Federal 17 involvement where a Federal agency 18 cannot control the outcome of the 19 project; or 20 ‘‘(III) that does not include Fed-21 eral land; 22 ‘‘(ii) funding assistance solely in the 23 form of general revenue sharing funds which 24 do not provide Federal agency compliance 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 52 •HR 1335 RH or enforcement responsibility over the subse-1 quent use of such funds; 2 ‘‘(iii) loans, loan guarantees, or other 3 forms of financial assistance where a Fed-4 eral agency does not exercise sufficient con-5 trol and responsibility over the effect of the 6 action; 7 ‘‘(iv) farm ownership and operating 8 loan guarantees by the Farm Service Agen-9 cy pursuant to sections 305 and 311 10 through 319 of the Consolidated Farmers 11 Home Administration Act of 1961 (7 U.S.C. 12 1925 and 1941 through 1949); 13 ‘‘(v) business loan guarantees provided 14 by the Small Business Administration pur-15 suant to section 7(a) or (b) and of the 16 Small Business Act (15 U.S.C. 636(a)), or 17 title V of the Small Business Investment Act 18 of 1958 (15 U.S.C. 695 et seq.); 19 ‘‘(vi) bringing judicial or administra-20 tive civil or criminal enforcement actions; 21 or 22 ‘‘(vii) extraterritorial activities or de-23 cisions, which means agency activities or 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 53 •HR 1335 RH decisions with effects located entirely outside 1 of the jurisdiction of the United States. 2 ‘‘(C) A DDITIONAL EXCLUSIONS.—An agency 3 action may not be determined to be a major Fed-4 eral action on the basis of— 5 ‘‘(i) an interstate effect of the action or 6 related project; or 7 ‘‘(ii) the provision of Federal funds for 8 the action or related project. 9 ‘‘(11) M INERAL EXPLORATION OR MINE PER -10 MIT.—The term ‘mineral exploration or mine permit’ 11 has the meaning given such term in section 40206(a) 12 of the Infrastructure Investment and Jobs Act. 13 ‘‘(12) P ROPOSAL.—The term ‘proposal’ means a 14 proposed action at a stage when an agency has a 15 goal, is actively preparing to make a decision on one 16 or more alternative means of accomplishing that goal, 17 and can meaningfully evaluate its effects. 18 ‘‘(13) R EASONABLY FORESEEABLE .—The term 19 ‘reasonably foreseeable’ means likely to occur— 20 ‘‘(A) not later than 10 years after the lead 21 agency begins preparing the environmental docu-22 ment; and 23 ‘‘(B) in an area directly affected by the pro-24 posed agency action such that an individual of 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 54 •HR 1335 RH ordinary prudence would take such occurrence 1 into account in reaching a decision. 2 ‘‘(14) S PECIAL EXPERTISE.—The term ‘special 3 expertise’ means statutory responsibility, agency mis-4 sion, or related program experience.’’. 5 SEC. 203. CODIFICATION OF NATIONAL ENVIRONMENTAL 6 POLICY ACT REGULATIONS. 7 The revisions to the Code of Federal Regulations made 8 pursuant to the final rule of the Council on Environmental 9 Quality titled ‘‘Update to the Regulations Implementing the 10 Procedural Provisions of the National Environmental Pol-11 icy Act’’ and published on July 16, 2020 (85 Fed. Reg. 12 43304), shall have the same force and effect of law as if 13 enacted by an Act of Congress. 14 SEC. 204. NON-MAJOR FEDERAL ACTIONS. 15 (a) E XEMPTION.—An action by the Secretary con-16 cerned with respect to a covered activity shall be not consid-17 ered a major Federal action under section 102(2)(C) of the 18 National Environmental Policy Act of 1969 (42 U.S.C. 19 4332(2)(C)). 20 (b) C OVEREDACTIVITY.—In this section, the term 21 ‘‘covered activity’’ includes— 22 (1) geotechnical investigations; 23 (2) off-road travel in an existing right-of-way; 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 55 •HR 1335 RH (3) construction of meteorological towers where 1 the total surface disturbance at the location is less 2 than 5 acres; 3 (4) adding a battery or other energy storage de-4 vice to an existing or planned energy facility, if that 5 storage resource is located within the physical foot-6 print of the existing or planned energy facility; 7 (5) drilling temperature gradient wells and other 8 geothermal exploratory wells, including construction 9 or making improvements for such activities, where— 10 (A) the last cemented casing string is less 11 than 12 inches in diameter; and 12 (B) the total unreclaimed surface disturb-13 ance at any one time within the project area is 14 less than 5 acres; 15 (6) any repair, maintenance, upgrade, optimiza-16 tion, or minor addition to existing transmission and 17 distribution infrastructure, including— 18 (A) operation, maintenance, or repair of 19 power equipment and structures within existing 20 substations, switching stations, transmission, 21 and distribution lines; 22 (B) the addition, modification, retirement, 23 or replacement of breakers, transmission towers, 24 transformers, bushings, or relays; 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 56 •HR 1335 RH (C) the voltage uprating, modification, 1 reconductoring with conventional or advanced 2 conductors, and clearance resolution of trans-3 mission lines; 4 (D) activities to minimize fire risk, includ-5 ing vegetation management, routine fire mitiga-6 tion, inspection, and maintenance activities, and 7 removal of hazard trees and other hazard vegeta-8 tion within or adjacent to an existing right-of- 9 way; 10 (E) improvements to or construction of 11 structure pads for such infrastructure; and 12 (F) access and access route maintenance 13 and repairs associated with any activity de-14 scribed in subparagraph (A) through (E); 15 (7) approval of and activities conducted in ac-16 cordance with operating plans or agreements for 17 transmission and distribution facilities or under a 18 special use authorization for an electric transmission 19 and distribution facility right-of-way; and 20 (8) construction, maintenance, realignment, or 21 repair of an existing permanent or temporary access 22 road— 23 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 57 •HR 1335 RH (A) within an existing right-of-way or with-1 in a transmission or utility corridor established 2 by Congress or in a land use plan; 3 (B) that serves an existing transmission 4 line, distribution line, or energy facility or 5 (C) activities conducted in accordance with 6 existing onshore oil and gas leases. 7 SEC. 205. NO NET LOSS DETERMINATION FOR EXISTING 8 RIGHTS-OF-WAY. 9 (a) I NGENERAL.—Upon a determination by the Sec-10 retary concerned that there will be no overall long-term net 11 loss of vegetation, soil, or habitat, as defined by acreage and 12 function, resulting from a proposed action, decision, or ac-13 tivity within an existing right-of-way, within a right-of- 14 way corridor established in a land use plan, or in an other-15 wise designated right-of-way, that action, decision, or activ-16 ity shall not be considered a major Federal action under 17 section 102(2)(C) of the National Environmental Policy Act 18 of 1969 (42 U.S.C. 4332(2)(C)). 19 (b) I NCLUSION OFREMEDIATION.—In making a deter-20 mination under subsection (a), the Secretary concerned 21 shall consider the effect of any remediation work to be con-22 ducted during the lifetime of the action, decision, or activity 23 when determining whether there will be any overall long- 24 term net loss of vegetation, soil, or habitat. 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 58 •HR 1335 RH SEC. 206. DETERMINATION OF NATIONAL ENVIRONMENTAL 1 POLICY ACT ADEQUACY. 2 The Secretary concerned shall use previously completed 3 environmental assessments and environmental impact 4 statements to satisfy the requirements of section 102 of the 5 National Environmental Policy Act of 1969 (42 U.S.C. 6 4332) with respect to any major Federal action, if such Sec-7 retary determines that— 8 (1) the new proposed action is substantially the 9 same as a previously analyzed proposed action or al-10 ternative analyzed in a previous environmental as-11 sessment or environmental impact statement; and 12 (2) the effects of the proposed action are substan-13 tially the same as the effects analyzed in such existing 14 environmental assessments or environmental impact 15 statements. 16 SEC. 207. DETERMINATION REGARDING RIGHTS-OF-WAY. 17 Not later than 60 days after the Secretary concerned 18 receives an application to grant a right-of-way, the Sec-19 retary concerned shall notify the applicant as to whether 20 the application is complete or deficient. If the Secretary 21 concerned determines the application is complete, the Sec-22 retary concerned may not consider any other application 23 to grant a right-of-way on the same or any overlapping 24 parcels of land while such application is pending. 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 59 •HR 1335 RH SEC. 208. TERMS OF RIGHTS-OF-WAY. 1 (a) F IFTYYEARTERMS FORRIGHTS-OF-WAY.— 2 (1) I N GENERAL.—Any right-of-way for pipelines 3 for the transportation or distribution of oil or gas 4 granted, issued, amended, or renewed under Federal 5 law may be limited to a term of not more than 50 6 years before such right-of-way is subject to renewal or 7 amendment. 8 (2) F EDERAL LAND POLICY AND MANAGEMENT 9 ACT OF 1976.—Section 501 of the Federal Land Policy 10 and Management Act of 1976 (43 U.S.C. 1761) is 11 amended by adding at the end the following: 12 ‘‘(e) Any right-of-way granted, issued, amended, or re-13 newed under subsection (a)(4) may be limited to a term 14 of not more than 50 years before such right-of-way is subject 15 to renewal or amendment.’’. 16 (b) M INERALLEASINGACT.—Section 28(n) of the 17 Mineral Leasing Act (30 U.S.C. 185(n)) is amended by 18 striking ‘‘thirty’’ and inserting ‘‘50’’. 19 SEC. 209. FUNDING TO PROCESS PERMITS AND DEVELOP 20 INFORMATION TECHNOLOGY. 21 (a) I NGENERAL.—In fiscal years 2023 through 2025, 22 the Secretary of Agriculture (acting through the Forest 23 Service) and the Secretary of the Interior, after public no-24 tice, may accept and expend funds contributed by non-Fed-25 eral entities for dedicated staff, information resource man-26 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 60 •HR 1335 RH agement, and information technology system development 1 to expedite the evaluation of permits, biological opinions, 2 concurrence letters, environmental surveys and studies, 3 processing of applications, consultations, and other activi-4 ties for the leasing, development, or expansion of an energy 5 facility under the jurisdiction of the respective Secretaries. 6 (b) E FFECT ONPERMITTING.—In carrying out this 7 section, the Secretary of the Interior shall ensure that the 8 use of funds accepted under subsection (a) will not impact 9 impartial decision making with respect to permits, either 10 substantively or procedurally. 11 (c) S TATEMENT FORFAILURE TOACCEPT OREXPEND 12 F UNDS.—Not later than 60 days after the end of the appli-13 cable fiscal year, if the Secretary of Agriculture (acting 14 through the Forest Service) or the Secretary of the Interior 15 does not accept funds contributed under subsection (a) or 16 accepts but does not expend such funds, that Secretary shall 17 submit to the Committee on Natural Resources of the House 18 of Representatives and the Committee on Energy and Nat-19 ural Resources of the Senate a statement explaining why 20 such funds were not accepted, were not expended, or both, 21 as the case may be. 22 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 61 •HR 1335 RH SEC. 210. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SUR-1 VEY LICENSING. 2 The Secretary of the Interior shall authorize geological 3 and geophysical surveys related to oil and gas activities on 4 the Gulf of Mexico Outer Continental Shelf, except within 5 areas subject to existing oil and gas leasing moratoria. Such 6 authorizations shall be issued within 30 days of receipt of 7 a completed application and shall, as applicable to survey 8 type, comply with the mitigation and monitoring measures 9 in subsections (a), (b), (c), (d), (f), and (g) of section 10 217.184 of title 50, Code of Federal Regulations (as in effect 11 on January 1, 2022), and section 217.185 of title 50, Code 12 of Federal Regulations (as in effect on January 1, 2022). 13 Geological and geophysical surveys authorized pursuant to 14 this section are deemed to be in full compliance with the 15 Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 16 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 17 1531 et seq.), and their implementing regulations. 18 SEC. 211. DEFERRAL OF APPLICATIONS FOR PERMITS TO 19 DRILL. 20 Section 17(p)(3) of the Mineral Leasing Act (30 U.S.C. 21 226(p)(3)) is amended by adding at the end the following: 22 ‘‘(D) D EFERRAL BASED ON FORMATTING 23 ISSUES.—A decision on an application for a 24 permit to drill may not be deferred under para-25 graph (2)(B) as a result of a formatting issue 26 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 62 •HR 1335 RH with the permit, unless such formatting issue re-1 sults in missing information.’’. 2 SEC. 212. PROCESSING AND TERMS OF APPLICATIONS FOR 3 PERMITS TO DRILL. 4 (a) E FFECT OFPENDINGCIVILACTIONS.—Section 5 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is 6 amended by adding at the end the following: 7 ‘‘(4) E FFECT OF PENDING CIVIL ACTION ON 8 PROCESSING APPLICATIONS FOR PERMITS TO 9 DRILL.—Pursuant to the requirements of paragraph 10 (2), notwithstanding the existence of any pending 11 civil actions affecting the application or related lease, 12 the Secretary shall process an application for a per-13 mit to drill or other authorizations or approvals 14 under a valid existing lease, unless a United States 15 Federal court vacated such lease. Nothing in this 16 paragraph shall be construed as providing authority 17 to a Federal court to vacate a lease.’’. 18 (b) T ERM OFPERMIT TODRILL.—Section 17 of the 19 Mineral Leasing Act (30 U.S.C. 226) is further amended 20 by adding at the end the following: 21 ‘‘(u) T ERM OFPERMIT TODRILL.—A permit to drill 22 issued under this section after the date of the enactment 23 of this subsection shall be valid for one four-year term from 24 the date that the permit is approved, or until the lease re-25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 63 •HR 1335 RH garding which the permit is issued expires, whichever oc-1 curs first.’’. 2 SEC. 213. AMENDMENTS TO THE ENERGY POLICY ACT OF 3 2005. 4 Section 390 of the Energy Policy Act of 2005 (42 5 U.S.C. 15942) is amended to read as follows: 6 ‘‘SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT RE-7 VIEW. 8 ‘‘(a) N ATIONALENVIRONMENTAL POLICYACTRE-9 VIEW.—Action by the Secretary of the Interior, in man-10 aging the public lands, or the Secretary of Agriculture, in 11 managing National Forest System lands, with respect to 12 any of the activities described in subsection (c), shall not 13 be considered a major Federal action for the purposes of 14 section 102(2)(C) of the National Environmental Policy Act 15 of 1969, if the activity is conducted pursuant to the Mineral 16 Leasing Act (30 U.S.C. 181 et seq.) for the purpose of explo-17 ration or development of oil or gas. 18 ‘‘(b) A PPLICATION.—This section shall not apply to an 19 action of the Secretary of the Interior or the Secretary of 20 Agriculture on Indian lands or resources managed in trust 21 for the benefit of Indian Tribes. 22 ‘‘(c) A CTIVITIESDESCRIBED.—The activities referred 23 to in subsection (a) are as follows: 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 64 •HR 1335 RH ‘‘(1) Reinstating a lease pursuant to section 31 1 of the Mineral Leasing Act (30 U.S.C. 188). 2 ‘‘(2) The following activities, provided that any 3 new surface disturbance is contiguous with the foot-4 print of the original authorization and does not ex-5 ceed 20 acres or the acreage has previously been eval-6 uated in a document previously prepared under sec-7 tion 102(2)(C) of the National Environmental Policy 8 Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to 9 such activity: 10 ‘‘(A) Drilling an oil or gas well at a well 11 pad site at which drilling has occurred pre-12 viously. 13 ‘‘(B) Expansion of an existing oil or gas 14 well pad site to accommodate an additional well. 15 ‘‘(C) Expansion or modification of an exist-16 ing oil or gas well pad site, road, pipeline, facil-17 ity, or utility submitted in a sundry notice. 18 ‘‘(3) Drilling of an oil or gas well at a new well 19 pad site, provided that the new surface disturbance 20 does not exceed 20 acres and the acreage evaluated in 21 a document previously prepared under section 22 102(2)(C) of the National Environmental Policy Act 23 of 1969 (42 U.S.C. 4332(2)(C)) with respect to such 24 activity, whichever is greater. 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 65 •HR 1335 RH ‘‘(4) Construction or realignment of a road, 1 pipeline, or utility within an existing right-of-way or 2 within a right-of-way corridor established in a land 3 use plan. 4 ‘‘(5) The following activities when conducted 5 from non-Federal surface into federally owned min-6 erals, provided that the operator submits to the Sec-7 retary concerned certification of a surface use agree-8 ment with the non-Federal landowner: 9 ‘‘(A) Drilling an oil or gas well at a well 10 pad site at which drilling has occurred pre-11 viously. 12 ‘‘(B) Expansion of an existing oil or gas 13 well pad site to accommodate an additional well. 14 ‘‘(C) Expansion or modification of an exist-15 ing oil or gas well pad site, road, pipeline, facil-16 ity, or utility submitted in a sundry notice. 17 ‘‘(6) Drilling of an oil or gas well from non-Fed-18 eral surface and non-Federal subsurface into Federal 19 mineral estate. 20 ‘‘(7) Construction of up to 1 mile of new road 21 on Federal or non-Federal surface, not to exceed 2 22 miles in total. 23 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 66 •HR 1335 RH ‘‘(8) Construction of up to 3 miles of individual 1 pipelines or utilities, regardless of surface owner-2 ship.’’. 3 SEC. 214. ACCESS TO FEDERAL ENERGY RESOURCES FROM 4 NON-FEDERAL SURFACE ESTATE. 5 (a) O IL ANDGASPERMITS.—Section 17 of the Mineral 6 Leasing Act (30 U.S.C. 226) is further amended by adding 7 at the end the following: 8 ‘‘(v) N OFEDERALPERMITREQUIRED FOROIL AND 9 G ASACTIVITIES ONCERTAINLAND.— 10 ‘‘(1) I N GENERAL.—The Secretary shall not re-11 quire an operator to obtain a Federal drilling permit 12 for oil and gas exploration and production activities 13 conducted on non-Federal surface estate, provided 14 that— 15 ‘‘(A) the United States holds an ownership 16 interest of less than 50 percent of the subsurface 17 mineral estate to be accessed by the proposed ac-18 tion; and 19 ‘‘(B) the operator submits to the Secretary 20 a State permit to conduct oil and gas explo-21 ration and production activities on the non-Fed-22 eral surface estate. 23 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 67 •HR 1335 RH ‘‘(2) NO FEDERAL ACTION.—An oil and gas ex-1 ploration and production activity carried out under 2 paragraph (1)— 3 ‘‘(A) shall not be considered a major Fed-4 eral action for the purposes of section 102(2)(C) 5 of the National Environmental Policy Act of 6 1969; 7 ‘‘(B) shall require no additional Federal ac-8 tion; 9 ‘‘(C) may commence 30 days after submis-10 sion of the State permit to the Secretary; and 11 ‘‘(D) shall not be subject to— 12 ‘‘(i) section 306108 of title 54, United 13 States Code (commonly known as the Na-14 tional Historic Preservation Act of 1966); 15 and 16 ‘‘(ii) section 7 of the Endangered Spe-17 cies Act of 1973 (16 U.S.C. 1536). 18 ‘‘(3) R OYALTIES AND PRODUCTION ACCOUNT -19 ABILITY.—(A) Nothing in this subsection shall affect 20 the amount of royalties due to the United States 21 under this Act from the production of oil and gas, or 22 alter the Secretary’s authority to conduct audits and 23 collect civil penalties pursuant to the Federal Oil and 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 68 •HR 1335 RH Gas Royalty Management Act of 1982 (30 U.S.C. 1 1701 et seq.). 2 ‘‘(B) The Secretary may conduct onsite reviews 3 and inspections to ensure proper accountability, 4 measurement, and reporting of production of Federal 5 oil and gas, and payment of royalties. 6 ‘‘(4) E XCEPTIONS.—This subsection shall not 7 apply to actions on Indian lands or resources man-8 aged in trust for the benefit of Indian Tribes. 9 ‘‘(5) I NDIAN LAND.—In this subsection, the term 10 ‘Indian land’ means— 11 ‘‘(A) any land located within the bound-12 aries of an Indian reservation, pueblo, or 13 rancheria; and 14 ‘‘(B) any land not located within the 15 boundaries of an Indian reservation, pueblo, or 16 rancheria, the title to which is held— 17 ‘‘(i) in trust by the United States for 18 the benefit of an Indian tribe or an indi-19 vidual Indian; 20 ‘‘(ii) by an Indian tribe or an indi-21 vidual Indian, subject to restriction against 22 alienation under laws of the United States; 23 or 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 69 •HR 1335 RH ‘‘(iii) by a dependent Indian commu-1 nity.’’. 2 (b) G EOTHERMALPERMITS.—The Geothermal Steam 3 Act of 1970 (30 U.S.C. 1001 et seq.) is amended by adding 4 at the end the following: 5 ‘‘SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEO-6 THERMAL ACTIVITIES ON CERTAIN LAND. 7 ‘‘(a) I NGENERAL.—The Secretary shall not require an 8 operator to obtain a Federal drilling permit for geothermal 9 exploration and production activities conducted on a non- 10 Federal surface estate, provided that— 11 ‘‘(1) the United States holds an ownership inter-12 est of less than 50 percent of the subsurface geo-13 thermal estate to be accessed by the proposed action; 14 and 15 ‘‘(2) the operator submits to the Secretary a 16 State permit to conduct geothermal exploration and 17 production activities on the non-Federal surface es-18 tate. 19 ‘‘(b) N OFEDERALACTION.—A geothermal exploration 20 and production activity carried out under paragraph (1)— 21 ‘‘(1) shall not be considered a major Federal ac-22 tion for the purposes of section 102(2)(C) of the Na-23 tional Environmental Policy Act of 1969; 24 ‘‘(2) shall require no additional Federal action; 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 70 •HR 1335 RH ‘‘(3) may commence 30 days after submission of 1 the State permit to the Secretary; and 2 ‘‘(4) shall not be subject to— 3 ‘‘(A) section 306108 of title 54, United 4 States Code (commonly known as the National 5 Historic Preservation Act of 1966); and 6 ‘‘(B) section 7 of the Endangered Species 7 Act of 1973 (16 U.S.C. 1536). 8 ‘‘(c) R OYALTIES AND PRODUCTION ACCOUNT-9 ABILITY.—(1) Nothing in this section shall affect the 10 amount of royalties due to the United States under this Act 11 from the production of electricity using geothermal re-12 sources (other than direct use of geothermal resources) or 13 the production of any byproducts. 14 ‘‘(2) The Secretary may conduct onsite reviews and in-15 spections to ensure proper accountability, measurement, 16 and reporting of the production described in paragraph (1), 17 and payment of royalties. 18 ‘‘(d) E XCEPTIONS.—This section shall not apply to ac-19 tions on Indian lands or resources managed in trust for 20 the benefit of Indian Tribes. 21 ‘‘(e) I NDIANLAND.—In this section, the term ‘Indian 22 land’ means— 23 ‘‘(1) any land located within the boundaries of 24 an Indian reservation, pueblo, or rancheria; and 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 71 •HR 1335 RH ‘‘(2) any land not located within the boundaries 1 of an Indian reservation, pueblo, or rancheria, the 2 title to which is held— 3 ‘‘(A) in trust by the United States for the 4 benefit of an Indian tribe or an individual In-5 dian; 6 ‘‘(B) by an Indian tribe or an individual 7 Indian, subject to restriction against alienation 8 under laws of the United States; or 9 ‘‘(C) by a dependent Indian community.’’. 10 SEC. 215. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL 11 AND GAS LEASES. 12 An environmental review for an oil and gas lease or 13 permit prepared pursuant to the requirements of the Na-14 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 15 et seq.) and its implementing regulations— 16 (1) shall apply only to areas that are within or 17 immediately adjacent to the lease plot or plots and 18 that are directly affected by the proposed action; and 19 (2) shall not require consideration of down-20 stream, indirect effects of oil and gas consumption. 21 SEC. 216. EXPEDITING APPROVAL OF GATHERING LINES. 22 Section 11318(b)(1) of the Infrastructure Investment 23 and Jobs Act (42 U.S.C. 15943(b)(1)) is amended by strik-24 ing ‘‘to be an action that is categorically excluded (as de-25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 72 •HR 1335 RH fined in section 1508.1 of title 40, Code of Federal Regula-1 tions (as in effect on the date of enactment of this Act))’’ 2 and inserting ‘‘to not be a major Federal action’’. 3 SEC. 217. LEASE SALE LITIGATION. 4 Notwithstanding any other provision of law, any oil 5 and gas lease sale held under section 17 of the Mineral Leas-6 ing Act (26 U.S.C. 226) or the Outer Continental Shelf 7 Lands Act (43 U.S.C. 1331 et seq.) shall not be vacated 8 and activities on leases awarded in the sale shall not be 9 otherwise limited, delayed, or enjoined unless the court con-10 cludes allowing development of the challenged lease will pose 11 a risk of an imminent and substantial environmental harm 12 and there is no other equitable remedy available as a matter 13 of law. No court, in response to an action brought pursuant 14 to the National Environmental Policy Act of 1969 (42 15 U.S.C. et seq.), may enjoin or issue any order preventing 16 the award of leases to a bidder in a lease sale conducted 17 pursuant to section 17 of the Mineral Leasing Act (26 18 U.S.C. 226) or the Outer Continental Shelf Lands Act (43 19 U.S.C. 1331 et seq.) if the Department of the Interior has 20 previously opened bids for such leases or disclosed the high 21 bidder for any tract that was included in such lease sale. 22 SEC. 218. LIMITATION ON CLAIMS. 23 (a) I NGENERAL.—Notwithstanding any other provi-24 sion of law, a claim arising under Federal law seeking judi-25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 73 •HR 1335 RH cial review of a permit, license, or approval issued by a 1 Federal agency for a mineral project, energy facility, or en-2 ergy storage device shall be barred unless— 3 (1) the claim is filed within 120 days after pub-4 lication of a notice in the Federal Register announc-5 ing that the permit, license, or approval is final pur-6 suant to the law under which the agency action is 7 taken, unless a shorter time is specified in the Federal 8 law pursuant to which judicial review is allowed; and 9 (2) the claim is filed by a party that submitted 10 a comment during the public comment period for such 11 permit, license, or approval and such comment was 12 sufficiently detailed to put the agency on notice of the 13 issue upon which the party seeks judicial review. 14 (b) S AVINGSCLAUSE.—Nothing in this section shall 15 create a right to judicial review or place any limit on filing 16 a claim that a person has violated the terms of a permit, 17 license, or approval. 18 (c) T RANSPORTATIONPROJECTS.—Subsection (a) shall 19 not apply to or supersede a claim subject to section 20 139(l)(1) of title 23, United States Code. 21 (d) M INERALPROJECT.—In this section, the term 22 ‘‘mineral project’’ means a project— 23 (1) located on— 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 74 •HR 1335 RH (A) a mining claim, millsite claim, or tun-1 nel site claim for any mineral; 2 (B) lands open to mineral entry; or 3 (C) a Federal mineral lease; and 4 (2) for the purposes of exploring for or producing 5 minerals. 6 SEC. 219. GOVERNMENT ACCOUNTABILITY OFFICE REPORT 7 ON PERMITS TO DRILL. 8 (a) R EPORT.—Not later than 1 year after the date of 9 enactment of this Act, the Comptroller General of the United 10 States shall issue a report detailing— 11 (1) the approval timelines for applications for 12 permits to drill issued by the Bureau of Land Man-13 agement from 2018 through 2022; 14 (2) the number of applications for permits to 15 drill that were not issued within 30 days of receipt 16 of a completed application; and 17 (3) the causes of delays resulting in applications 18 for permits to drill pending beyond the 30 day dead-19 line required under section 17(p)(2) of the Mineral 20 Leasing Act (30 U.S.C. 226(p)(2)). 21 (b) R ECOMMENDATIONS.—The report issued under 22 subsection (a) shall include recommendations with respect 23 to— 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 75 •HR 1335 RH (1) actions the Bureau of Land Management can 1 take to streamline the approval process for applica-2 tions for permits to drill to approve applications for 3 permits to drill within 30 days of receipt of a com-4 pleted application; 5 (2) aspects of the Federal permitting process car-6 ried out by the Bureau of Land Management to issue 7 applications for permits to drill that can be turned 8 over to States to expedite approval of applications for 9 permits to drill; and 10 (3) legislative actions that Congress must take to 11 allow States to administer certain aspects of the Fed-12 eral permitting process described in paragraph (2). 13 SEC. 220. E-NEPA. 14 (a) P ERMITTINGPORTALSTUDY.—The Council on 15 Environmental Quality shall conduct a study and submit 16 a report to Congress within 1 year of the enactment of this 17 Act on the potential to create an online permitting portal 18 for permits that require review under section 102(2)(C) of 19 the National Environmental Policy Act of 1969 (42 U.S.C. 20 4332(2)(C)) that would— 21 (1) allow applicants to— 22 (A) submit required documents or materials 23 for their application in one unified portal; 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 76 •HR 1335 RH (B) upload additional documents as re-1 quired by the applicable agency; and 2 (C) track the progress of individual applica-3 tions; 4 (2) enhance interagency coordination in con-5 sultation by— 6 (A) allowing for comments in one unified 7 portal; 8 (B) centralizing data necessary for reviews; 9 and 10 (C) streamlining communications between 11 other agencies and the applicant; and 12 (3) boost transparency in agency decision-13 making. 14 (b) A UTHORIZATION OF APPROPRIATIONS.—There is 15 authorized to be appropriated $500,000 for the Council of 16 Environmental Quality to carry out the study directed by 17 this section. 18 TITLE III—PERMITTING FOR 19 MINING NEEDS 20 SEC. 301. DEFINITIONS. 21 In this title: 22 (1) B YPRODUCT.—The term ‘‘byproduct’’ has the 23 meaning given such term in section 7002(a) of the 24 Energy Act of 2020 (30 U.S.C. 1606(a)). 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 77 •HR 1335 RH (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 1 has the meaning given such term in section 4 of the 2 Indian Self-Determination and Education Assistance 3 Act (25 U.S.C. 5304). 4 (3) M INERAL.—The term ‘‘mineral’’ means any 5 mineral of a kind that is locatable (including, but not 6 limited to, such minerals located on ‘‘lands acquired 7 by the United States’’, as such term is defined in sec-8 tion 2 of the Mineral Leasing Act for Acquired 9 Lands) under the Act of May 10, 1872 (Chapter 152; 10 17 Stat. 91). 11 (4) S ECRETARY.—Except as otherwise provided, 12 the term ‘‘Secretary’’ means the Secretary of the Inte-13 rior. 14 (5) S TATE.—The term ‘‘State’’ means— 15 (A) a State; 16 (B) the District of Columbia; 17 (C) the Commonwealth of Puerto Rico; 18 (D) Guam; 19 (E) American Samoa; 20 (F) the Commonwealth of the Northern 21 Mariana Islands; and 22 (G) the United States Virgin Islands. 23 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 78 •HR 1335 RH SEC. 302. MINERALS SUPPLY CHAIN AND RELIABILITY. 1 Section 40206 of the Infrastructure Investment and 2 Jobs Act (30 U.S.C. 1607) is amended— 3 (1) in the section heading, by striking ‘‘ CRIT-4 ICAL MINERALS’’ and inserting ‘‘MINERALS’’; 5 (2) by amending subsection (a) to read as fol-6 lows: 7 ‘‘(a) D EFINITIONS.—In this section: 8 ‘‘(1) L EAD AGENCY.—The term ‘lead agency’ 9 means the Federal agency with primary responsi-10 bility for issuing a mineral exploration or mine per-11 mit or lease for a mineral project. 12 ‘‘(2) M INERAL.—The term ‘mineral’ has the 13 meaning given such term in section 301 of the TAPP 14 American Resources Act. 15 ‘‘(3) M INERAL EXPLORATION OR MINE PERMIT .— 16 The term ‘mineral exploration or mine permit’ 17 means— 18 ‘‘(A) an authorization of the Bureau of 19 Land Management or the Forest Service, as ap-20 plicable, for exploration for minerals that re-21 quires analysis under the National Environ-22 mental Policy Act of 1969; 23 ‘‘(B) a plan of operations for a mineral 24 project approved by the Bureau of Land Man-25 agement or the Forest Service; or 26 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 79 •HR 1335 RH ‘‘(C) any other Federal permit or authoriza-1 tion for a mineral project. 2 ‘‘(4) M INERAL PROJECT.—The term ‘mineral 3 project’ means a project— 4 ‘‘(A) located on— 5 ‘‘(i) a mining claim, millsite claim, or 6 tunnel site claim for any mineral; 7 ‘‘(ii) lands open to mineral entry; or 8 ‘‘(iii) a Federal mineral lease; and 9 ‘‘(B) for the purposes of exploring for or 10 producing minerals.’’. 11 (3) in subsection (b), by striking ‘‘critical’’ each 12 place such term appears; 13 (4) in subsection (c)— 14 (A) by striking ‘‘critical mineral production 15 on Federal land’’ and inserting ‘‘mineral 16 projects’’; 17 (B) by inserting ‘‘, and in accordance with 18 subsection (h)’’ after ‘‘to the maximum extent 19 practicable’’; 20 (C) by striking ‘‘shall complete the’’ and in-21 serting ‘‘shall complete such’’; 22 (D) in paragraph (1), by striking ‘‘critical 23 mineral-related activities on Federal land’’ and 24 inserting ‘‘mineral projects’’; 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 80 •HR 1335 RH (E) in paragraph (8), by striking the ‘‘and’’ 1 at the end; 2 (F) in paragraph (9), by striking ‘‘proce-3 dures.’’ and inserting ‘‘procedures; and’’; and 4 (G) by adding at the end the following: 5 ‘‘(10) deferring to and relying on baseline data, 6 analyses, and reviews performed by State agencies 7 with jurisdiction over the environmental or reclama-8 tion permits for the proposed mineral project.’’; 9 (5) in subsection (d)— 10 (A) by striking ‘‘critical’’ each place such 11 term appears; and 12 (B) in paragraph (3), by striking ‘‘mineral- 13 related activities on Federal land’’ and inserting 14 ‘‘mineral projects’’; 15 (6) in subsection (e), by striking ‘‘critical’’; 16 (7) in subsection (f), by striking ‘‘critical’’ each 17 place such term appears; 18 (8) in subsection (g), by striking ‘‘critical’’ each 19 place such term appears; and 20 (9) by adding at the end the following: 21 ‘‘(h) O THERREQUIREMENTS.— 22 ‘‘(1) M EMORANDUM OF AGREEMENT .—For pur-23 poses of maximizing efficiency and effectiveness of the 24 Federal permitting and review processes described 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 81 •HR 1335 RH under subsection (c), the lead agency in the Federal 1 permitting and review processes of a mineral project 2 shall (in consultation with any other Federal agency 3 involved in such Federal permitting and review proc-4 esses, and upon request of the project applicant, an 5 affected State government, local government, or an In-6 dian Tribe, or other entity such lead agency deter-7 mines appropriate) enter into a memorandum of 8 agreement with a project applicant where requested 9 by the applicant to carry out the activities described 10 in subsection (c). 11 ‘‘(2) T IMELINES AND SCHEDULES FOR NEPA RE -12 VIEWS.— 13 ‘‘(A) E XTENSION.—A project applicant may 14 enter into 1 or more agreements with a lead 15 agency to extend the deadlines described in sub-16 paragraphs (A) and (B) of subsection (h)(1) of 17 section 107 of title I of the National Environ-18 mental Policy Act of 1969 by, with respect to 19 each such agreement, not more than 6 months. 20 ‘‘(B) A DJUSTMENT OF TIMELINES .—At the 21 request of a project applicant, the lead agency 22 and any other entity which is a signatory to a 23 memorandum of agreement under paragraph (1) 24 may, by unanimous agreement, adjust— 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 82 •HR 1335 RH ‘‘(i) any deadlines described in sub-1 paragraph (A); and 2 ‘‘(ii) any deadlines extended under 3 subparagraph (B). 4 ‘‘(3) E FFECT ON PENDING APPLICATIONS .—Upon 5 a written request by a project applicant, the require-6 ments of this subsection shall apply to any applica-7 tion for a mineral exploration or mine permit or 8 mineral lease that was submitted before the date of the 9 enactment of the TAPP American Resources Act.’’. 10 SEC. 303. FEDERAL REGISTER PROCESS IMPROVEMENT. 11 Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 12 1606(f)) is amended— 13 (1) in paragraph (2), by striking ‘‘critical’’ both 14 places such term appears; and 15 (2) by striking paragraph (4). 16 SEC. 304. DESIGNATION OF MINING AS A COVERED SECTOR 17 FOR FEDERAL PERMITTING IMPROVEMENT 18 PURPOSES. 19 Section 41001(6)(A) of the FAST Act (42 U.S.C. 20 4370m(6)(A)) is amended by inserting ‘‘mineral produc-21 tion,’’ before ‘‘or any other sector’’. 22 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 83 •HR 1335 RH SEC. 305. TREATMENT OF ACTIONS UNDER PRESIDENTIAL 1 DETERMINATION 2022–11 FOR FEDERAL PER-2 MITTING IMPROVEMENT PURPOSES. 3 (a) I NGENERAL.—Except as provided by subsection 4 (c), an action described in subsection (b) shall be— 5 (1) treated as a covered project, as defined in 6 section 41001(6) of the FAST Act (42 U.S.C. 7 4370m(6)), without regard to the requirements of that 8 section; and 9 (2) included in the Permitting Dashboard main-10 tained pursuant to section 41003(b) of that Act (42 11 13 U.S.C. 4370m–2(b)). 12 (b) A CTIONSDESCRIBED.—An action described in this 13 subsection is an action taken by the Secretary of Defense 14 pursuant to Presidential Determination 2022–11 (87 Fed. 15 Reg. 19775; relating to certain actions under section 303 16 of the Defense Production Act of 1950) or the Presidential 17 Memorandum of February 27, 2023, titled ‘‘Presidential 18 Waiver of Statutory Requirements Pursuant to Section 303 19 of the Defense Production Act of 1950, as amended, on De-20 partment of Defense Supply Chains Resilience’’ (88 Fed. 21 Reg. 13015) to create, maintain, protect, expand, or restore 22 sustainable and responsible domestic production capabili-23 ties through— 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 84 •HR 1335 RH (1) supporting feasibility studies for mature 1 mining, beneficiation, and value-added processing 2 projects; 3 (2) byproduct and co-product production at ex-4 isting mining, mine waste reclamation, and other in-5 dustrial facilities; 6 (3) modernization of mining, beneficiation, and 7 value-added processing to increase productivity, envi-8 ronmental sustainability, and workforce safety; or 9 (4) any other activity authorized under section 10 303(a)(1) of the Defense Production Act of 1950 15 11 (50 U.S.C. 4533(a)(1)). 12 (c) E XCEPTION.—An action described in subsection (b) 13 may not be treated as a covered project or be included in 14 the Permitting Dashboard under subsection (a) if the 15 project sponsor (as defined in section 41001(18) of the 16 FAST Act (42 U.S.C. 21 4370m(18))) requests that the ac-17 tion not be treated as a covered project. 18 SEC. 306. NOTICE FOR MINERAL EXPLORATION ACTIVITIES 19 WITH LIMITED SURFACE DISTURBANCE. 20 (a) I NGENERAL.—Not later than 15 days before com-21 mencing an exploration activity with a surface disturbance 22 of not more than 5 acres of public lands, the operator of 23 such exploration activity shall submit to the Secretary con-24 cerned a complete notice of such exploration activity. 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 85 •HR 1335 RH (b) INCLUSIONS.—Notice submitted under subsection 1 (a) shall include such information the Secretary concerned 2 may require, including the information described in section 3 3809.301 of title 43, Code of Federal Regulations (or any 4 successor regulation). 5 (c) R EVIEW.—Not later than 15 days after the Sec-6 retary concerned receives notice submitted under subsection 7 (a), the Secretary concerned shall— 8 (1) review and determine completeness of the no-9 tice; and 10 (2) allow exploration activities to proceed if— 11 (A) the surface disturbance of such explo-12 ration activities on such public lands will not 13 exceed 5 acres; 14 (B) the Secretary concerned determines that 15 the notice is complete; and 16 (C) the operator provides financial assur-17 ance that the Secretary concerned determines is 18 adequate. 19 (d) D EFINITIONS.—In this section: 20 (1) E XPLORATION ACTIVITY.—The term ‘‘explo-21 ration activity’’— 22 (A) means creating surface disturbance 23 greater than casual use that includes sampling, 24 drilling, or developing surface or underground 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 86 •HR 1335 RH workings to evaluate the type, extent, quantity, 1 or quality of mineral values present; 2 (B) includes constructing drill roads and 3 drill pads, drilling, trenching, excavating test 4 pits, and conducting geotechnical tests and geo-5 physical surveys; and 6 (C) does not include activities where mate-7 rial is extracted for commercial use or sale. 8 (2) S ECRETARY CONCERNED .—The term ‘‘Sec-9 retary concerned’’ means— 10 (A) with respect to lands administered by 11 the Secretary of the Interior, the Secretary of the 12 Interior; and 13 (B) with respect to National Forest System 14 lands, the Secretary of Agriculture. 15 SEC. 307. USE OF MINING CLAIMS FOR ANCILLARY ACTIVI-16 TIES. 17 Section 10101 of the Omnibus Budget Reconciliation 18 Act of 1993 (30 U.S.C. 28f) is amended by adding at the 19 end the following: 20 ‘‘(e) S ECURITY OFTENURE.— 21 ‘‘(1) I N GENERAL.— 22 ‘‘(A) I N GENERAL.—A claimant shall have 23 the right to use, occupy, and conduct operations 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 87 •HR 1335 RH on public land, with or without the discovery of 1 a valuable mineral deposit, if— 2 ‘‘(i) such claimant makes a timely 3 payment of the location fee required by sec-4 tion 10102 and the claim maintenance fee 5 required by subsection (a); or 6 ‘‘(ii) in the case of a claimant who 7 qualifies for a waiver under subsection (d), 8 such claimant makes a timely payment of 9 the location fee and complies with the re-10 quired assessment work under the general 11 mining laws. 12 ‘‘(B) O PERATIONS DEFINED.—For the pur-13 poses of this paragraph, the term ‘operations’ 14 means— 15 ‘‘(i) any activity or work carried out 16 in connection with prospecting, exploration, 17 processing, discovery and assessment, devel-18 opment, or extraction with respect to a 19 locatable mineral; 20 ‘‘(ii) the reclamation of any disturbed 21 areas; and 22 ‘‘(iii) any other reasonably incident 23 uses, whether on a mining claim or not, in-24 cluding the construction and maintenance 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 88 •HR 1335 RH of facilities, roads, transmission lines, pipe-1 lines, and any other necessary infrastruc-2 ture or means of access on public land for 3 support facilities. 4 ‘‘(2) F ULFILLMENT OF FEDERAL LAND POLICY 5 AND MANAGEMENT ACT .—A claimant that fulfills the 6 requirements of this section and section 10102 shall 7 be deemed to satisfy the requirements of any provision 8 of the Federal Land Policy and Management Act that 9 requires the payment of fair market value to the 10 United States for use of public lands and resources re-11 lating to use of such lands and resources authorized 12 by the general mining laws. 13 ‘‘(3) S AVINGS CLAUSE.—Nothing in this sub-14 section may be construed to diminish the rights of 15 entry, use, and occupancy, or any other right, of a 16 claimant under the general mining laws.’’. 17 SEC. 308. ENSURING CONSIDERATION OF URANIUM AS A 18 CRITICAL MINERAL. 19 (a) I NGENERAL.—Section 7002(a)(3)(B)(i) of the En-20 ergy Act of 2020 (30 U.S.C. 1606(a)(3)(B)(i)) is amended 21 to read as follows: 22 ‘‘(i) oil, oil shale, coal, or natural 23 gas;’’. 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 89 •HR 1335 RH (b) UPDATE.—Not later than 60 days after the date 1 of the enactment of this section, the Secretary, acting 2 through the Director of the United States Geological Survey, 3 shall publish in the Federal Register an update to the final 4 list established in section 7002(c)(3) of the Energy Act of 5 2020 (30 U.S.C. 1606(c)(3)) in accordance with subsection 6 (a) of this section. 7 SEC. 309. BARRING FOREIGN BAD ACTORS FROM OPER-8 ATING ON FEDERAL LANDS. 9 A mining claimant shall be barred from the right to 10 use, occupy, and conduct operations on Federal land if the 11 Secretary of the Interior finds the claimant has a foreign 12 parent company that has (including through a sub-13 sidiary)— 14 (1) a known record of human rights violations; 15 or 16 (2) knowingly operated an illegal mine in an-17 other country. 18 TITLE IV—FEDERAL LAND USE 19 PLANNING 20 SEC. 401. FEDERAL LAND USE PLANNING AND WITH-21 DRAWALS. 22 (a) R ESOURCEASSESSMENTSREQUIRED.—Federal 23 lands and waters may not be withdrawn from entry under 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 90 •HR 1335 RH the mining laws or operation of the mineral leasing and 1 mineral materials laws unless— 2 (1) a quantitative and qualitative geophysical 3 and geological mineral resource assessment of the im-4 pacted area has been completed during the 10-year 5 period ending on the date of such withdrawal; 6 (2) the Secretary, in consultation with the Sec-7 retary of Commerce, the Secretary of Energy, and the 8 Secretary of Defense, conducts an assessment of the 9 economic, energy, strategic, and national security 10 value of mineral deposits identified in such mineral 11 resource assessment; 12 (3) the Secretary conducts an assessment of the 13 reduction in future Federal revenues to the Treasury, 14 States, the Land and Water Conservation Fund, the 15 Historic Preservation Fund, and the National Parks 16 and Public Land Legacy Restoration Fund resulting 17 from the proposed mineral withdrawal; 18 (4) the Secretary, in consultation with the Sec-19 retary of Defense, conducts an assessment of military 20 readiness and training activities in the proposed 21 withdrawal area; and 22 (5) the Secretary submits a report to the Com-23 mittees on Natural Resources, Agriculture, Energy 24 and Commerce, and Foreign Affairs of the House of 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 91 •HR 1335 RH Representatives and the Committees on Energy and 1 Natural Resources, Agriculture, and Foreign Affairs 2 of the Senate, that includes the results of the assess-3 ments completed pursuant to this subsection. 4 (b) L ANDUSEPLANS.—Before a resource management 5 plan under the Federal Land Policy and Management Act 6 of 1976 (43 U.S.C. 1701 et seq.) or a forest management 7 plan under the National Forest Management Act is updated 8 or completed, the Secretary or Secretary of Agriculture, as 9 applicable, in consultation with the Director of the United 10 States Geological Survey, shall— 11 (1) review any quantitative and qualitative min-12 eral resource assessment that was completed or up-13 dated during the 10-year period ending on the date 14 that the applicable land management agency pub-15 lishes a notice to prepare, revise, or amend a land use 16 plan by the Director of the United States Geological 17 Survey for the geographic area affected by the appli-18 cable management plan; 19 (2) the Secretary, in consultation with the Sec-20 retary of Commerce, the Secretary of Energy, and the 21 Secretary of Defense, conducts an assessment of the 22 economic, energy, strategic, and national security 23 value of mineral deposits identified in such mineral 24 resource assessment; and 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 92 •HR 1335 RH (3) submit a report to the Committees on Nat-1 ural Resources, Agriculture, Energy and Commerce, 2 and Foreign Affairs of the House of Representatives 3 and the Committees on Energy and Natural Re-4 sources, Agriculture, and Foreign Affairs of the Sen-5 ate, that includes the results of the assessment com-6 pleted pursuant to this subsection. 7 (c) N EWINFORMATION.—The Secretary shall provide 8 recommendations to the President on appropriate measures 9 to reduce unnecessary impacts that a withdrawal of Federal 10 lands or waters from entry under the mining laws or oper-11 ation of the mineral leasing and mineral materials laws 12 may have on mineral exploration, development, and other 13 mineral activities (including authorizing exploration and 14 development of such mineral deposits) not later than 180 15 days after the Secretary has notice that a resource assess-16 ment completed by the Director of the United States Geo-17 logical Survey, in coordination with the State geological 18 surveys, determines that a previously undiscovered mineral 19 deposit may be present in an area that has been withdrawn 20 from entry under the mining laws or operation of the min-21 eral leasing and mineral materials laws pursuant to— 22 (1) section 204 of the Federal Land Policy and 23 Management Act of 1976 (43 U.S.C. 1714), or 24 (2) chapter 3203 of title 54, United States Code. 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 93 •HR 1335 RH SEC. 402. PROHIBITIONS ON DELAY OF MINERAL DEVELOP-1 MENT OF CERTAIN FEDERAL LAND. 2 (a) P ROHIBITIONS.—Notwithstanding any other pro-3 vision of law, the President shall not carry out any action 4 that would pause, restrict, or delay the process for or 5 issuance of any of the following on Federal land, unless such 6 lands are withdrawn from disposition under the mineral 7 leasing laws, including by administrative withdrawal: 8 (1) New oil and gas lease sales, oil and gas 9 leases, drill permits, or associated approvals or au-10 thorizations of any kind associated with oil and gas 11 leases. 12 (2) New coal leases (including leases by applica-13 tion in process, renewals, modifications, or expan-14 sions of existing leases), permits, approvals, or au-15 thorizations. 16 (3) New leases, claims, permits, approvals, or 17 authorizations for development or exploration of min-18 erals. 19 (b) P ROHIBITION ONRESCISSION OFLEASES, PER-20 MITS, ORCLAIMS.—The President, the Secretary, or Sec-21 retary of Agriculture as applicable, may not rescind any 22 existing lease, permit, or claim for the extraction and pro-23 duction of any mineral under the mining laws or mineral 24 leasing and mineral materials laws on National Forest Sys-25 tem land or land under the jurisdiction of the Bureau of 26 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 94 •HR 1335 RH Land Management, unless specifically authorized by Fed-1 eral statute, or upon the lessee, permittee, or claimant’s fail-2 ure to comply with any of the provisions of the applicable 3 lease, permit, or claim. 4 (c) M INERALDEFINED.—In subsection (a)(3), the term 5 ‘‘mineral’’ means any mineral of a kind that is locatable 6 (including such minerals located on ‘‘lands acquired by the 7 United States’’, as such term is defined in section 2 of the 8 Mineral Leasing Act for Acquired Lands) under the Act of 9 May 10, 1872 (Chapter 152; 17 Stat. 91). 10 SEC. 403. DEFINITIONS. 11 In this title: 12 (1) F EDERAL LAND.—The term ‘‘Federal land’’ 13 means— 14 (A) National Forest System land; 15 (B) public lands (as defined in section 103 16 of the Federal Land Policy and Management Act 17 of 1976 (43 U.S.C. 1702)); 18 (C) the outer Continental Shelf (as defined 19 in section 2 of the Outer Continental Shelf 20 Lands Act (43 U.S.C. 1331)); and 21 (D) land managed by the Secretary of En-22 ergy. 23 (2) P RESIDENT.—The term ‘‘President’’ means— 24 (A) the President; and 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 95 •HR 1335 RH (B) any designee of the President, includ-1 ing— 2 (i) the Secretary of Agriculture; 3 (ii) the Secretary of Commerce; 4 (iii) the Secretary of Energy; and 5 (iv) the Secretary of the Interior. 6 (3) P REVIOUSLY UNDISCOVERED DEPOSIT .—The 7 term ‘‘previously undiscovered mineral deposit’’ 8 means— 9 (A) a mineral deposit that has been pre-10 viously evaluated by the United States Geological 11 Survey and found to be of low mineral potential, 12 but upon subsequent evaluation is determined by 13 the United States Geological Survey to have sig-14 nificant mineral potential, or 15 (B) a mineral deposit that has not pre-16 viously been evaluated by the United States Geo-17 logical Survey. 18 (4) S ECRETARY.—The term ‘‘Secretary’’ means 19 the Secretary of the Interior. 20 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 96 •HR 1335 RH TITLE V—ENSURING COMPETI-1 TIVENESS ON FEDERAL 2 LANDS 3 SEC. 501. INCENTIVIZING DOMESTIC PRODUCTION. 4 (a) O FFSHOREOIL ANDGASROYALTYRATE.—Sec-5 tion 8(a)(1) of the Outer Continental Shelf Lands Act (43 6 U.S.C. 1337(a)(1)) is amended— 7 (1) in subparagraph (A), by striking ‘‘not less 8 than 16 2 ∕3percent, but not more than 18 3 ∕4percent, 9 during the 10-year period beginning on the date of 10 enactment of the Act titled ‘An Act to provide for rec-11 onciliation pursuant to title II of S. Con. Res. 14’, 12 and not less than 16 2 ∕3percent thereafter,’’ each place 13 it appears and inserting ‘‘not less than 12.5 percent’’; 14 (2) in subparagraph (C), by striking ‘‘not less 15 than 16 2 ∕3percent, but not more than 18 3 ∕4percent, 16 during the 10-year period beginning on the date of 17 enactment of the Act titled ‘An Act to provide for rec-18 onciliation pursuant to title II of S. Con. Res. 14’, 19 and not less than 16 2 ∕3percent thereafter,’’ each place 20 it appears and inserting ‘‘not less than 12.5 percent’’; 21 (3) in subparagraph (F), by striking ‘‘not less 22 than 16 2 ∕3percent, but not more than 18 3 ∕4percent, 23 during the 10-year period beginning on the date of 24 enactment of the Act titled ‘An Act to provide for rec-25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 97 •HR 1335 RH onciliation pursuant to title II of S. Con. Res. 14’, 1 and not less than 16 2 ∕3percent thereafter,’’ and in-2 serting ‘‘not less than 12.5 percent’’; and 3 (4) in subparagraph (H), by striking ‘‘not less 4 than 16 2 ∕3percent, but not more than 18 3 ∕4percent, 5 during the 10-year period beginning on the date of 6 enactment of the Act titled ‘An Act to provide for rec-7 onciliation pursuant to title II of S. Con. Res. 14’, 8 and not less than 16 2 ∕3percent thereafter,’’ and in-9 serting ‘‘not less than 12.5 percent’’. 10 (b) M INERALLEASINGACT.— 11 (1) O NSHORE OIL AND GAS ROYALTY RATES .— 12 (A) L EASE OF OIL AND GAS LAND.—Section 13 17 of the Mineral Leasing Act (30 U.S.C. 226) 14 is amended— 15 (i) in subsection (b)(1)(A)— 16 (I) by striking ‘‘not less than 17 16 2 ∕3’’ and inserting ‘‘not less than 18 12.5’’; and 19 (II) by striking ‘‘or, in the case of 20 a lease issued during the 10-year pe-21 riod beginning on the date of enact-22 ment of the Act titled ‘An Act to pro-23 vide for reconciliation pursuant to title 24 II of S. Con. Res. 14’, 16 2 ∕3percent in 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 98 •HR 1335 RH amount or value of the production re-1 moved or sold from the lease’’; and 2 (ii) by striking ‘‘16 2 ∕3percent’’ each 3 place it appears and inserting ‘‘12.5 per-4 cent’’. 5 (B) C ONDITIONS FOR REINSTATEMENT .— 6 Section 31(e)(3) of the Mineral Leasing Act (30 7 U.S.C. 188(e)(3)) is amended by striking ‘‘20’’ 8 inserting ‘‘16 2 ∕3’’. 9 (2) O IL AND GAS MINIMUM BID .—Section 17(b) 10 of the Mineral Leasing Act (30 U.S.C. 226(b)) is 11 amended— 12 (A) in paragraph (1)(B), by striking ‘‘$10 13 per acre during the 10-year period beginning on 14 the date of enactment of the Act titled ‘An Act 15 to provide for reconciliation pursuant to title II 16 of S. Con. Res. 14’.’’ and inserting ‘‘$2 per acre 17 for a period of 2 years from the date of the en-18 actment of the Federal Onshore Oil and Gas 19 Leasing Reform Act of 1987.’’; and 20 (B) in paragraph (2)(C), by striking ‘‘$10 21 per acre’’ and inserting ‘‘$2 per acre’’. 22 (3) F OSSIL FUEL RENTAL RATES.—Section 17(d) 23 of the Mineral Leasing Act (30 U.S.C. 226(d)) is 24 amended to read as follows: 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 99 •HR 1335 RH ‘‘(d) All leases issued under this section, as amended 1 by the Federal Onshore Oil and Gas Leasing Reform Act 2 of 1987, shall be conditioned upon payment by the lessee 3 of a rental of not less than $1.50 per acre per year for the 4 first through fifth years of the lease and not less than $2 5 per acre per year for each year thereafter. A minimum roy-6 alty in lieu of rental of not less than the rental which other-7 wise would be required for that lease year shall be payable 8 at the expiration of each lease year beginning on or after 9 a discovery of oil or gas in paying quantities on the lands 10 leased.’’. 11 (4) E XPRESSION OF INTEREST FEE .—Section 17 12 of the Mineral Leasing Act (30 U.S.C. 226) is further 13 amended by repealing subsection (q). 14 (5) E LIMINATION OF NONCOMPETITIVE LEAS -15 ING.—Section 17 of the Mineral Leasing Act (30 16 U.S.C. 226) is further amended— 17 (A) in subsection (b)— 18 (i) in paragraph (1)(A)— 19 (I) in the first sentence, by strik-20 ing ‘‘paragraph (2)’’ and inserting 21 ‘‘paragraphs (2) and (3)’’; and 22 (II) by adding at the end ‘‘Lands 23 for which no bids are received or for 24 which the highest bid is less than the 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 100 •HR 1335 RH national minimum acceptable bid shall 1 be offered promptly within 30 days for 2 leasing under subsection (c) of this sec-3 tion and shall remain available for 4 leasing for a period of 2 years after the 5 competitive lease sale.’’; and 6 (ii) by adding at the end the following: 7 ‘‘(3)(A) If the United States held a vested future 8 interest in a mineral estate that, immediately prior 9 to becoming a vested present interest, was subject to 10 a lease under which oil or gas was being produced, 11 or had a well capable of producing, in paying quan-12 tities at an annual average production volume per 13 well per day of either not more than 15 barrels per 14 day of oil or condensate, or not more than 60,000 15 cubic feet of gas, the holder of the lease may elect to 16 continue the lease as a noncompetitive lease under 17 subsection (c)(1). 18 ‘‘(B) An election under this paragraph is effec-19 tive— 20 ‘‘(i) in the case of an interest which vested 21 after January 1, 1990, and on or before October 22 24, 1992, if the election is made before the date 23 that is 1 year after October 24, 1992; 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 101 •HR 1335 RH ‘‘(ii) in the case of an interest which vests 1 within 1 year after October 24, 1992, if the elec-2 tion is made before the date that is 2 years after 3 October 24, 1992; and 4 ‘‘(iii) in any case other than those described 5 in clause (i) or (ii), if the election is made prior 6 to the interest becoming a vested present inter-7 est.’’; 8 (B) by striking subsection (c) and inserting 9 the following: 10 ‘‘(c) L ANDSSUBJECT TO LEASINGUNDERSUB-11 SECTION(B); FIRSTQUALIFIEDAPPLICANT.— 12 ‘‘(1) If the lands to be leased are not leased 13 under subsection (b)(1) of this section or are not sub-14 ject to competitive leasing under subsection (b)(2) of 15 this section, the person first making application for 16 the lease who is qualified to hold a lease under this 17 chapter shall be entitled to a lease of such lands with-18 out competitive bidding, upon payment of a non-re-19 fundable application fee of at least $75. A lease under 20 this subsection shall be conditioned upon the payment 21 of a royalty at a rate of 12.5 percent in amount or 22 value of the production removed or sold from the 23 lease. Leases shall be issued within 60 days of the 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 102 •HR 1335 RH date on which the Secretary identifies the first re-1 sponsible qualified applicant. 2 ‘‘(2)(A) Lands (i) which were posted for sale 3 under subsection (b)(1) of this section but for which 4 no bids were received or for which the highest bid was 5 less than the national minimum acceptable bid and 6 (ii) for which, at the end of the period referred to in 7 subsection (b)(1) of this section no lease has been 8 issued and no lease application is pending under 9 paragraph (1) of this subsection, shall again be avail-10 able for leasing only in accordance with subsection 11 (b)(1) of this section. 12 ‘‘(B) The land in any lease which is issued 13 under paragraph (1) of this subsection or under sub-14 section (b)(1) of this section which lease terminates, 15 expires, is cancelled or is relinquished shall again be 16 available for leasing only in accordance with sub-17 section (b)(1) of this section.’’; and 18 (C) by striking subsection (e) and inserting 19 the following: 20 ‘‘(e) P RIMARYTERM.—Competitive and noncompeti-21 tive leases issued under this section shall be for a primary 22 term of 10 years: Provided, however, That competitive leases 23 issued in special tar sand areas shall also be for a primary 24 term of 10 years. Each such lease shall continue so long 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 103 •HR 1335 RH after its primary term as oil or gas is produced in paying 1 quantities. Any lease issued under this section for land on 2 which, or for which under an approved cooperative or unit 3 plan of development or operation, actual drilling operations 4 were commenced prior to the end of its primary term and 5 are being diligently prosecuted at that time shall be ex-6 tended for two years and so long thereafter as oil or gas 7 is produced in paying quantities.’’. 8 (6) C ONFORMING AMENDMENTS .—Section 31 of 9 the Mineral Leasing Act (30 U.S.C. 188) is amend-10 ed— 11 (A) in subsection (d)(1), by striking ‘‘sec-12 tion 17(b)’’ and inserting ‘‘subsection (b) or (c) 13 of section 17 of this Act’’; 14 (B) in subsection (e)— 15 (i) in paragraph (2)— 16 (I) insert ‘‘either’’ after ‘‘rentals 17 and’’; and 18 (II) insert ‘‘or the inclusion in a 19 reinstated lease issued pursuant to the 20 provisions of section 17(c) of this Act 21 of a requirement that future rentals 22 shall be at a rate not less than $5 per 23 acre per year, all’’ before ‘‘as deter-24 mined by the Secretary’’; and 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 104 •HR 1335 RH (ii) by amending paragraph (3) to 1 read as follows: 2 ‘‘(3)(A) payment of back royalties and the inclu-3 sion in a reinstated lease issued pursuant to the pro-4 visions of section 17(b) of this Act of a requirement 5 for future royalties at a rate of not less than 16 2 ∕3 6 percent computed on a sliding scale based upon the 7 average production per well per day, at a rate which 8 shall be not less than 4 percentage points greater than 9 the competitive royalty schedule then in force and 10 used for royalty determination for competitive leases 11 issued pursuant to such section as determined by the 12 Secretary: Provided, That royalty on such reinstated 13 lease shall be paid on all production removed or sold 14 from such lease subsequent to the termination of the 15 original lease; 16 ‘‘(B) payment of back royalties and inclusion in 17 a reinstated lease issued pursuant to the provisions of 18 section 17(c) of this Act of a requirement for future 19 royalties at a rate not less than 16 2 ∕3percent: Pro-20 vided, That royalty on such reinstated lease shall be 21 paid on all production removed or sold from such 22 lease subsequent to the cancellation or termination of 23 the original lease; and’’. 24 (C) in subsection (f)— 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 105 •HR 1335 RH (i) in paragraph (1), strike ‘‘in the 1 same manner as the original lease issued 2 pursuant to section 17’’ and insert ‘‘as a 3 competitive or a noncompetitive oil and gas 4 lease in the same manner as the original 5 lease issued pursuant to subsection (b) or 6 (c) of section 17 of this Act’’; 7 (ii) by redesignating paragraphs (2) 8 and (3) as paragraph (3) and (4), respec-9 tively; and 10 (iii) by inserting after paragraph (1) 11 the following: 12 ‘‘(2) Except as otherwise provided in this section, 13 the issuance of a lease in lieu of an abandoned pat-14 ented oil placer mining claim shall be treated as a 15 noncompetitive oil and gas lease issued pursuant to 16 section 17(c) of this Act.’’; 17 (D) in subsection (g), by striking ‘‘sub-18 section (d)’’ and inserting ‘‘subsections (d) and 19 (f)’’; 20 (E) by amending subsection (h) to read as 21 follows: 22 ‘‘(h) R OYALTYREDUCTIONS.— 23 ‘‘(1) In acting on a petition to issue a non-24 competitive oil and gas lease, under subsection (f) of 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 106 •HR 1335 RH this section or in response to a request filed after 1 issuance of such a lease, or both, the Secretary is au-2 thorized to reduce the royalty on such lease if in his 3 judgment it is equitable to do so or the circumstances 4 warrant such relief due to uneconomic or other cir-5 cumstances which could cause undue hardship or pre-6 mature termination of production. 7 ‘‘(2) In acting on a petition for reinstatement 8 pursuant to subsection (d) of this section or in re-9 sponse to a request filed after reinstatement, or both, 10 the Secretary is authorized to reduce the royalty in 11 that reinstated lease on the entire leasehold or any 12 tract or portion thereof segregated for royalty pur-13 poses if, in his judgment, there are uneconomic or 14 other circumstances which could cause undue hard-15 ship or premature termination of production; or be-16 cause of any written action of the United States, its 17 agents or employees, which preceded, and was a 18 major consideration in, the lessee’s expenditure of 19 funds to develop the property under the lease after the 20 rent had become due and had not been paid; or if in 21 the judgment of the Secretary it is equitable to do so 22 for any reason.’’. 23 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 107 •HR 1335 RH (F) by redesignating subsections (f) through 1 (i) as subsections (g) through (j), respectively; 2 and 3 (G) by inserting after subsection (e) the fol-4 lowing: 5 ‘‘(f) I SSUANCE OFNONCOMPETITIVEOIL ANDGAS 6 L EASE; CONDITIONS.—Where an unpatented oil placer 7 mining claim validly located prior to February 24, 1920, 8 which has been or is currently producing or is capable of 9 producing oil or gas, has been or is hereafter deemed conclu-10 sively abandoned for failure to file timely the required in-11 struments or copies of instruments required by section 1744 12 of title 43, and it is shown to the satisfaction of the Sec-13 retary that such failure was inadvertent, justifiable, or not 14 due to lack of reasonable diligence on the part of the owner, 15 the Secretary may issue, for the lands covered by the aban-16 doned unpatented oil placer mining claim, a noncompeti-17 tive oil and gas lease, consistent with the provisions of sec-18 tion 17(e) of this Act, to be effective from the statutory date 19 the claim was deemed conclusively abandoned. Issuance of 20 such a lease shall be conditioned upon: 21 ‘‘(1) a petition for issuance of a noncompetitive 22 oil and gas lease, together with the required rental 23 and royalty, including back rental and royalty accru-24 ing from the statutory date of abandonment of the oil 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 108 •HR 1335 RH placer mining claim, being filed with the Secretary- 1 (A) with respect to any claim deemed conclusively 2 abandoned on or before January 12, 1983, on or be-3 fore the one hundred and twentieth day after January 4 12, 1983, or (B) with respect to any claim deemed 5 conclusively abandoned after January 12, 1983, on or 6 before the one hundred and twentieth day after final 7 notification by the Secretary or a court of competent 8 jurisdiction of the determination of the abandonment 9 of the oil placer mining claim; 10 ‘‘(2) a valid lease not having been issued affect-11 ing any of the lands covered by the abandoned oil 12 placer mining claim prior to the filing of such peti-13 tion: Provided, however, That after the filing of a pe-14 tition for issuance of a lease under this subsection, the 15 Secretary shall not issue any new lease affecting any 16 of the lands covered by such abandoned oil placer 17 mining claim for a reasonable period, as determined 18 in accordance with regulations issued by him; 19 ‘‘(3) a requirement in the lease for payment of 20 rental, including back rentals accruing from the stat-21 utory date of abandonment of the oil placer mining 22 claim, of not less than $5 per acre per year; 23 ‘‘(4) a requirement in the lease for payment of 24 royalty on production removed or sold from the oil 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 109 •HR 1335 RH placer mining claim, including all royalty on produc-1 tion made subsequent to the statutory date the claim 2 was deemed conclusively abandoned, of not less than 3 12 1 ∕2percent; and 4 ‘‘(5) compliance with the notice and reimburse-5 ment of costs provisions of paragraph (4) of sub-6 section (e) but addressed to the petition covering the 7 conversion of an abandoned unpatented oil placer 8 mining claim to a noncompetitive oil and gas lease.’’. 9 TITLE VI—ENERGY REVENUE 10 SHARING 11 SEC. 601. GULF OF MEXICO OUTER CONTINENTAL SHELF 12 REVENUE. 13 (a) D ISTRIBUTION OFOUTERCONTINENTALSHELF 14 R EVENUE TOGULFPRODUCINGSTATES.—Section 105 of 15 the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 16 1331 note) is amended— 17 (1) in subsection (a)— 18 (A) in paragraph (1), by striking ‘‘50’’ and 19 inserting ‘‘37.5’’; and 20 (B) in paragraph (2)— 21 (i) by striking ‘‘50’’ and inserting 22 ‘‘62.5’’; 23 (ii) in subparagraph (A), by striking 24 ‘‘75’’ and inserting ‘‘80’’; and 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 110 •HR 1335 RH (iii) in subparagraph (B), by striking 1 ‘‘25’’ and inserting ‘‘20’’; and 2 (2) by striking subsection (f) and inserting the 3 following: 4 ‘‘(f) T REATMENT OFAMOUNTS.—Amounts disbursed to 5 a Gulf producing State under this section shall be treated 6 as revenue sharing and not as a Federal award or grant 7 for the purposes of part 200 of title 2, Code of Federal Regu-8 lations.’’. 9 (b) E XEMPTION OFCERTAINPAYMENTSFROMSE-10 QUESTRATION.— 11 (1) I N GENERAL.—Section 255(g)(1)(A) of the 12 Balanced Budget and Emergency Deficit Control Act 13 of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by insert-14 ing after ‘‘Payments to Social Security Trust Funds 15 (28–0404–0–1–651).’’ the following: 16 ‘‘Payments to States pursuant to section 17 105(a)(2)(A) of the Gulf of Mexico Energy Security 18 Act of 2006 (Public Law 109–432; 43 U.S.C. 1331 19 note) (014–5535–0–2–302).’’. 20 (2) A PPLICABILITY.—The amendment made by 21 this subsection shall apply to any sequestration order 22 issued under the Balanced Budget and Emergency 23 Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on 24 or after the date of enactment of this Act. 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 111 •HR 1335 RH SEC. 602. PARITY IN OFFSHORE WIND REVENUE SHARING. 1 (a) P AYMENTS ANDREVENUES.—Section 8(p)(2) of the 2 Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)) 3 is amended— 4 (1) in subparagraph (A), by striking ‘‘(A) The 5 Secretary’’ and inserting the following: 6 ‘‘(A) I N GENERAL.—Subject to subpara-7 graphs (B) and (C), the Secretary’’; 8 (2) in subparagraph (B), by striking ‘‘(B) The 9 Secretary’’ and inserting the following: 10 ‘‘(B) D ISPOSITION OF REVENUES FOR 11 PROJECTS LOCATED WITHIN 3 NAUTICAL MILES 12 SEAWARD OF STATE SUBMERGED LAND .—The 13 Secretary’’; and 14 (3) by adding at the end the following: 15 ‘‘(C) D ISPOSITION OF REVENUES FOR OFF -16 SHORE WIND PROJECTS IN CERTAIN AREAS .— 17 ‘‘(i) D EFINITIONS.—In this subpara-18 graph: 19 ‘‘(I) C OVERED OFFSHORE WIND 20 PROJECT.—The term ‘covered offshore 21 wind project’ means a wind powered 22 electric generation project in a wind 23 energy area on the outer Continental 24 Shelf that is not wholly or partially lo-25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 112 •HR 1335 RH cated within an area subject to sub-1 paragraph (B). 2 ‘‘(II) E LIGIBLE STATE.—The term 3 ‘eligible State’ means a State a point 4 on the coastline of which is located 5 within 75 miles of the geographic cen-6 ter of a covered offshore wind project. 7 ‘‘(III) Q UALIFIED OUTER CONTI -8 NENTAL SHELF REVENUES .—The term 9 ‘qualified outer Continental Shelf reve-10 nues’ means all royalties, fees, rentals, 11 bonuses, or other payments from cov-12 ered offshore wind projects carried out 13 pursuant to this subsection on or after 14 the date of enactment of this subpara-15 graph. 16 ‘‘(ii) R EQUIREMENT.— 17 ‘‘(I) I N GENERAL.—The Secretary 18 of the Treasury shall deposit— 19 ‘‘(aa) 12.5 percent of quali-20 fied outer Continental Shelf reve-21 nues in the general fund of the 22 Treasury; 23 ‘‘(bb) 37.5 percent of quali-24 fied outer Continental Shelf reve-25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 113 •HR 1335 RH nues in the North American Wet-1 lands Conservation Fund; and 2 ‘‘(cc) 50 percent of qualified 3 outer Continental Shelf revenues 4 in a special account in the Treas-5 ury from which the Secretary 6 shall disburse to each eligible 7 State an amount determined pur-8 suant to subclause (II). 9 ‘‘(II) A LLOCATION.— 10 ‘‘(aa) I N GENERAL.—Subject 11 to item (bb), for each fiscal year 12 beginning after the date of enact-13 ment of this subparagraph, the 14 amount made available under 15 subclause (I)(cc) shall be allocated 16 to each eligible State in amounts 17 (based on a formula established by 18 the Secretary by regulation) that 19 are inversely proportional to the 20 respective distances between the 21 point on the coastline of each eli-22 gible State that is closest to the 23 geographic center of the applicable 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 114 •HR 1335 RH leased tract and the geographic 1 center of the leased tract. 2 ‘‘(bb) M INIMUM ALLOCA -3 TION.—The amount allocated to 4 an eligible State each fiscal year 5 under item (aa) shall be at least 6 10 percent of the amounts made 7 available under subclause (I)(cc). 8 ‘‘(cc) P AYMENTS TO COASTAL 9 POLITICAL SUBDIVISIONS.— 10 ‘‘(AA) I N GENERAL.— 11 The Secretary shall pay 20 12 percent of the allocable share 13 of each eligible State, as de-14 termined pursuant to item 15 (aa), to the coastal political 16 subdivisions of the eligible 17 State. 18 ‘‘(BB) A LLOCATION.— 19 The amount paid by the Sec-20 retary to coastal political 21 subdivisions under subitem 22 (AA) shall be allocated to 23 each coastal political subdivi-24 sion in accordance with sub-25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 115 •HR 1335 RH paragraphs (B) and (C) of 1 section 31(b)(4) of this Act. 2 ‘‘(iii) T IMING.—The amounts required 3 to be deposited under subclause (I) of clause 4 (ii) for the applicable fiscal year shall be 5 made available in accordance with such 6 subclause during the fiscal year imme-7 diately following the applicable fiscal year. 8 ‘‘(iv) A UTHORIZED USES.— 9 ‘‘(I) I N GENERAL.—Subject to 10 subclause (II), each eligible State shall 11 use all amounts received under clause 12 (ii)(II) in accordance with all applica-13 ble Federal and State laws, only for 1 14 or more of the following purposes: 15 ‘‘(aa) Projects and activities 16 for the purposes of coastal protec-17 tion and resiliency, including con-18 servation, coastal restoration, es-19 tuary management, beach nour-20 ishment, hurricane and flood pro-21 tection, and infrastructure di-22 rectly affected by coastal wetland 23 losses. 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 116 •HR 1335 RH ‘‘(bb) Mitigation of damage 1 to fish, wildlife, or natural re-2 sources, including through fish-3 eries science and research. 4 ‘‘(cc) Implementation of a 5 federally approved marine, coast-6 al, or comprehensive conservation 7 management plan. 8 ‘‘(dd) Mitigation of the im-9 pact of outer Continental Shelf 10 activities through the funding of 11 onshore infrastructure projects. 12 ‘‘(ee) Planning assistance 13 and the administrative costs of 14 complying with this section. 15 ‘‘(ff) Infrastructure improve-16 ments at ports, including modi-17 fications to Federal navigation 18 channels, to support installation 19 of offshore wind energy projects. 20 ‘‘(II) L IMITATION.—Of the 21 amounts received by an eligible State 22 under clause (ii)(II), not more than 3 23 percent shall be used for the purposes 24 described in subclause (I)(ee). 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 117 •HR 1335 RH ‘‘(v) ADMINISTRATION.—Subject to 1 clause (vi)(III), amounts made available 2 under items (aa) and (cc) of clause (ii)(I) 3 shall— 4 ‘‘(I) be made available, without 5 further appropriation, in accordance 6 with this subparagraph; 7 ‘‘(II) remain available until ex-8 pended; and 9 ‘‘(III) be in addition to any 10 amount appropriated under any other 11 Act. 12 ‘‘(vi) R EPORTING REQUIREMENT .— 13 ‘‘(I) I N GENERAL.—Not later than 14 180 days after the end of each fiscal 15 year, the Governor of each eligible 16 State that receives amounts under 17 clause (ii)(II) for the applicable fiscal 18 year shall submit to the Secretary a re-19 port that describes the use of the 20 amounts by the eligible State during 21 the period covered by the report. 22 ‘‘(II) P UBLIC AVAILABILITY.—On 23 receipt of a report submitted under 24 subclause (I), the Secretary shall make 25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 118 •HR 1335 RH the report available to the public on 1 the website of the Department of the 2 Interior. 3 ‘‘(III) L IMITATION.—If the Gov-4 ernor of an eligible State that receives 5 amounts under clause (ii)(II) fails to 6 submit the report required under sub-7 clause (I) by the deadline specified in 8 that subclause, any amounts that 9 would otherwise be provided to the eli-10 gible State under clause (ii)(II) for the 11 succeeding fiscal year shall be depos-12 ited in the Treasury. 13 ‘‘(vii) T REATMENT OF AMOUNTS .— 14 Amounts disbursed to an eligible State 15 under this subsection shall be treated as rev-16 enue sharing and not as a Federal award or 17 grant for the purposes of part 200 of title 18 2, Code of Federal Regulations.’’. 19 (b) W INDLEASESALES FORAREAS OF THEOUTER 20 C ONTINENTALSHELFOFFSHORE OFTERRITORIES OF THE 21 U NITEDSTATES.—Section 33 of the Outer Continental 22 Shelf Lands Act (43 U.S.C. 1356c) is amended by adding 23 at the end the following: 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 119 •HR 1335 RH ‘‘(b) WINDLEASESALEPROCEDURE.—Any wind 1 lease granted pursuant to this section shall be considered 2 a wind lease granted under section 8(p), including for pur-3 poses of the disposition of revenues pursuant to subpara-4 graphs (B) and (C) of section 8(p)(2).’’. 5 (c) E XEMPTION OFCERTAINPAYMENTSFROMSE-6 QUESTRATION.— 7 (1) I N GENERAL.—Section 255(g)(1)(A) of the 8 Balanced Budget and Emergency Deficit Control Act 9 of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by insert-10 ing after ‘‘Payments to Social Security Trust Funds 11 (28–0404–0–1–651).’’ the following: 12 ‘‘Payments to States pursuant to subparagraph 13 (C)(ii)(I)(cc) of section 8(p)(2) of the Outer Conti-14 nental Shelf Lands Act (43 U.S.C. 1337(p)(2)).’’. 15 (2) A PPLICABILITY.—The amendment made by 16 this subsection shall apply to any sequestration order 17 issued under the Balanced Budget and Emergency 18 Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on 19 or after the date of enactment of this Act. 20 SEC. 603. ELIMINATION OF ADMINISTRATIVE FEE UNDER 21 THE MINERAL LEASING ACT. 22 (a) I NGENERAL.—Section 35 of the Mineral Leasing 23 Act (30 U.S.C. 191) is amended— 24 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 120 •HR 1335 RH (1) in subsection (a), in the first sentence, by 1 striking ‘‘and, subject to the provisions of subsection 2 (b),’’; 3 (2) by striking subsection (b); 4 (3) by redesignating subsections (c) and (d) as 5 subsections (b) and (c), respectively; 6 (4) in paragraph (3)(B)(ii) of subsection (b) (as 7 so redesignated), by striking ‘‘subsection (d)’’ and in-8 serting ‘‘subsection (c)’’; and 9 (5) in paragraph (3)(A)(ii) of subsection (c) (as 10 so redesignated), by striking ‘‘subsection (c)(2)(B)’’ 11 and inserting ‘‘subsection (b)(2)(B)’’. 12 (b) C ONFORMINGAMENDMENTS.— 13 (1) Section 6(a) of the Mineral Leasing Act for 14 Acquired Lands (30 U.S.C. 355(a)) is amended— 15 (A) in the first sentence, by striking ‘‘Sub-16 ject to the provisions of section 35(b) of the Min-17 eral Leasing Act (30 U.S.C. 191(b)), all’’ and in-18 serting ‘‘All’’; and 19 (B) in the second sentence, by striking ‘‘of 20 the Act of February 25, 1920 (41 Stat. 450; 30 21 U.S.C. 191),’’ and inserting ‘‘of the Mineral 22 Leasing Act (30 U.S.C. 191)’’. 23 (2) Section 20(a) of the Geothermal Steam Act 24 of 1970 (30 U.S.C. 1019(a)) is amended, in the sec-25 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB 121 •HR 1335 RH ond sentence of the matter preceding paragraph (1), 1 by striking ‘‘the provisions of subsection (b) of section 2 35 of the Mineral Leasing Act (30 U.S.C. 191(b)) and 3 section 5(a)(2) of this Act’’ and inserting ‘‘section 4 5(a)(2)’’. 5 (3) Section 205(f) of the Federal Oil and Gas 6 Royalty Management Act of 1982 (30 U.S.C. 1735(f)) 7 is amended— 8 (A) in the first sentence, by striking ‘‘this 9 Section’’ and inserting ‘‘this section’’; and 10 (B) by striking the fourth, fifth, and sixth 11 sentences. 12 VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6203 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB Union Calendar No. 18 118 TH CONGRESS 1 ST S ESSION H. R. 1335 [Report No. 118–28, Part I] A BILL To restart onshore and offshore oil, gas, and coal leasing, streamline permitting for energy infra- structure, ensure transparency in energy develop- ment on Federal lands, and for other purposes. M ARCH 23, 2023 Reported with an amendment M ARCH 23, 2023 Committees on Agriculture and the Budget discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 22:24 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00122 Fmt 6651 Sfmt 6651 E:\BILLS\H1335.RH H1335 pbinns on DSKJLVW7X2PROD with $$_JOB