II
Calendar No. 41
118THCONGRESS
1
STSESSION H. R. 2811
IN THE SENATE OF THE UNITED STATES
MAY1, 2023
Received; read the first time
M
AY2, 2023
Read the second time and placed on the calendar
AN ACT
To provide for a responsible increase to the debt ceiling,
and for other purposes.
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. 3
This Act may be cited as the ‘‘Limit, Save, Grow Act 4
of 2023’’. 5
SEC. 2. TABLE OF CONTENTS. 6
The table of contents for this Act is as follows: 7
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A—LIMIT FEDERAL SPENDING
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TITLE I—DISCRETIONARY SPENDING LIMITS FOR
DISCRETIONARY CATEGORY
Sec. 101. Discretionary spending limits.
DIVISION B—SAVE TAXPAYER DOLLARS
TITLE I—RESCISSION OF UNOBLIGATED FUNDS
Sec. 201. Rescission of unobligated coronavirus funds.
Sec. 202. Rescission of Inflation Reduction Act funds.
TITLE II—PROHIBIT UNFAIR STUDENT LOAN GIVEAWAYS
Sec. 211. Nullification of certain executive actions and rules relating to Federal
student loans.
Sec. 212. Limitation on authority of Secretary to propose or issue regulations
and executive actions.
TITLE III—REPEAL MARKET DISTORTING GREEN TAX CREDITS
Sec. 221. Amendment of 1986 Code.
Sec. 222. Modification of credit for electricity produced from certain renewable
resources.
Sec. 223. Modification of energy credit.
Sec. 224. Repeal of increase in energy credit for solar and wind facilities placed
in service in connection with low-income communities.
Sec. 225. Zero-emission nuclear power production credit repealed.
Sec. 226. Repeal of sustainable aviation fuel credit.
Sec. 227. Clean hydrogen repeals.
Sec. 228. Nonbusiness energy property credit.
Sec. 229. Residential clean energy credit reverted to credit for residential en-
ergy efficient property.
Sec. 230. Energy efficient commercial buildings deduction.
Sec. 231. Modifications to new energy efficient home credit.
Sec. 232. Clean vehicle credit.
Sec. 233. Repeal of credit for previously-owned clean vehicles.
Sec. 234. Repeal of credit for qualified commercial clean vehicles.
Sec. 235. Alternative fuel refueling property credit.
Sec. 236. Advanced energy project credit extension reversed.
Sec. 237. Repeal of advanced manufacturing production credit.
Sec. 238. Repeal of clean electricity production credit.
Sec. 239. Repeal of clean electricity investment credit.
Sec. 240. Cost recovery for qualified facilities, qualified property, and energy
storage technology removed.
Sec. 241. Repeal of clean fuel production credit.
Sec. 242. Repeal of sections relating to elective payment for energy property
and electricity produced from certain renewable resources;
transfer of credits.
Sec. 243. Transition rule.
TITLE IV—FAMILY AND SMALL BUSINESS TAXPAYER
PROTECTION
Sec. 251. Rescission of certain balances made available to the Internal Revenue
Service.
DIVISION C—GROW THE ECONOMY
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TITLE I—TEMPORARY ASSISTANCE TO NEEDY FAMILIES
Sec. 301. Recalibration of the caseload reduction credit.
Sec. 302. Eliminating excess maintenance of effort spending in determining
caseload reduction credit.
Sec. 303. Elimination of small checks scheme.
Sec. 304. Reporting of work outcomes.
Sec. 305. Effective date.
TITLE II—SNAP EXEMPTIONS
Sec. 311. Age-related exemption from work requirement to receive SNAP.
Sec. 312. Rule of construction for exemption adjustment.
Sec. 313. Supplemental nutrition assistance program under the Food and Nu-
trition Act of 2008.
TITLE III—COMMUNITY ENGAGEMENT REQUIREMENT FOR
APPLICABLE INDIVIDUALS
Sec. 321. Community engagement requirement for applicable individuals.
TITLE IV—REGULATIONS FROM THE EXECUTIVE IN NEED OF
SCRUTINY
Sec. 331. Short title.
Sec. 332. Purpose.
Sec. 333. Congressional review of agency rulemaking.
Sec. 334. Budgetary effects of rules subject to section 802 of title 5, United
States Code.
Sec. 335. Government Accountability Office study of rules.
DIVISION D—H.R. 1, THE LOWER ENERGY COSTS ACT
TITLE I—INCREASING AMERICAN ENERGY PRODUCTION, EX-
PORTS, INFRASTRUCTURE, AND CRITICAL MINERALS PROC-
ESSING
Sec. 10001. Securing America’s critical minerals supply.
Sec. 10002. Protecting American energy production.
Sec. 10003. Researching Efficient Federal Improvements for Necessary Energy
Refining.
Sec. 10004. Promoting cross-border energy infrastructure.
Sec. 10005. Sense of Congress expressing disapproval of the revocation of the
Presidential permit for the Keystone XL pipeline.
Sec. 10006. Sense of Congress opposing restrictions on the export of crude oil
or other petroleum products.
Sec. 10007. Unlocking our domestic LNG potential.
Sec. 10008. Sense of Congress expressing disapproval of the denial of Jordan
Cove permits.
Sec. 10009. Promoting interagency coordination for review of natural gas pipe-
lines.
Sec. 10010. Interim hazardous waste permits for critical energy resource facili-
ties.
Sec. 10011. Flexible air permits for critical energy resource facilities.
Sec. 10012. National security or energy security waivers to produce critical en-
ergy resources.
Sec. 10013. Natural gas tax repeal.
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Sec. 10014. Repeal of greenhouse gas reduction fund.
Sec. 10015. Ending future delays in chemical substance review for critical en-
ergy resources.
Sec. 10016. Keeping America’s refineries operating.
Sec. 10017. Homeowner energy freedom.
Sec. 10018. Study.
Sec. 10019. State primary enforcement responsibility.
Sec. 10020. Use of index-based pricing in acquisition of petroleum products for
the SPR.
Sec. 10021. Prohibition on certain exports.
Sec. 10022. Sense of Congress expressing disapproval of the proposed tax hikes
on the oil and natural gas industry in the President’s fiscal
year 2024 budget request.
Sec. 10023. Domestic Energy Independence report.
Sec. 10024. GAO study.
Sec. 10025. Gas kitchen ranges and ovens.
TITLE II—TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND
PRODUCTION OF AMERICAN RESOURCES
Sec. 20001. Short title.
Subtitle A—Onshore and Offshore Leasing and Oversight
Sec. 20101. Onshore oil and gas leasing.
Sec. 20102. Lease reinstatement.
Sec. 20103. Protested lease sales.
Sec. 20104. Suspension of operations.
Sec. 20105. Administrative protest process reform.
Sec. 20106. Leasing and permitting transparency.
Sec. 20107. Offshore oil and gas leasing.
Sec. 20108. Five-year plan for offshore oil and gas leasing.
Sec. 20109. Geothermal leasing.
Sec. 20110. Leasing for certain qualified coal applications.
Sec. 20111. Future coal leasing.
Sec. 20112. Staff planning report.
Sec. 20113. Prohibition on Chinese communist party ownership interest.
Sec. 20114. Effect on other law.
Sec. 20115. Requirement for GAO report on wind energy impacts.
Sec. 20116. Sense of Congress on wind energy development supply chain.
Sec. 20117. Sense of Congress on oil and gas royalty rates.
Sec. 20118. Offshore wind environmental review process study.
Sec. 20119. GAO report on wind energy impacts.
Subtitle B—Permitting Streamlining
Sec. 20201. Definitions.
Sec. 20202. BUILDER Act.
Sec. 20203. Codification of National Environmental Policy Act regulations.
Sec. 20204. Non-major Federal actions.
Sec. 20205. No net loss determination for existing rights-of-way.
Sec. 20206. Determination of National Environmental Policy Act adequacy.
Sec. 20207. Determination regarding rights-of-way.
Sec. 20208. Terms of rights-of-way.
Sec. 20209. Funding to process permits and develop information technology.
Sec. 20210. Offshore geological and geophysical survey licensing.
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Sec. 20211. Deferral of applications for permits to drill.
Sec. 20212. Processing and terms of applications for permits to drill.
Sec. 20213. Amendments to the Energy Policy Act of 2005.
Sec. 20214. Access to Federal energy resources from non-Federal surface es-
tate.
Sec. 20215. Scope of environmental reviews for oil and gas leases.
Sec. 20216. Expediting approval of gathering lines.
Sec. 20217. Lease sale litigation.
Sec. 20218. Limitation on claims.
Sec. 20219. Government Accountability Office report on permits to drill.
Sec. 20220. E–NEPA.
Sec. 20221. Limitations on claims.
Sec. 20222. One Federal decision for pipelines.
Sec. 20223. Exemption of certain wildfire mitigation activities from certain en-
vironmental requirements.
Sec. 20224. Vegetation management, facility inspection, and operation and
maintenance relating to electric transmission and distribution
facility rights of way.
Sec. 20225. Categorical exclusion for electric utility lines rights-of-way.
Sec. 20226. Staffing plans.
Subtitle C—Permitting for Mining Needs
Sec. 20301. Definitions.
Sec. 20302. Minerals supply chain and reliability.
Sec. 20303. Federal register process improvement.
Sec. 20304. Designation of mining as a covered sector for Federal permitting
improvement purposes.
Sec. 20305. Treatment of actions under presidential determination 2022–11 for
Federal permitting improvement purposes.
Sec. 20306. Notice for mineral exploration activities with limited surface dis-
turbance.
Sec. 20307. Use of mining claims for ancillary activities.
Sec. 20308. Ensuring consideration of uranium as a critical mineral.
Sec. 20309. Barring foreign bad actors from operating on Federal lands.
Sec. 20310. Permit process for projects relating to extraction, recovery, or
processing of critical materials.
Sec. 20311. National strategy to re-shore mineral supply chains.
Subtitle D—Federal Land Use Planning
Sec. 20401. Federal land use planning and withdrawals.
Sec. 20402. Prohibitions on delay of mineral development of certain Federal
land.
Sec. 20403. Definitions.
Subtitle E—Ensuring Competitiveness on Federal Lands
Sec. 20501. Incentivizing domestic production.
Subtitle F—Energy Revenue Sharing
Sec. 20601. Gulf of Mexico Outer Continental Shelf revenue.
Sec. 20602. Parity in offshore wind revenue sharing.
Sec. 20603. Elimination of administrative fee under the Mineral Leasing Act.
Sec. 20604. Sunset.
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TITLE III—WATER QUALITY CERTIFICATION AND ENERGY
PROJECT IMPROVEMENT
Sec. 30001. Short title.
Sec. 30002. Certification.
Sec. 30003. Federal general permits.
DIVISION E—INCREASE IN DEBT LIMIT
Sec. 40001. Limited suspension of debt ceiling.
SEC. 3. REFERENCES.
1
Except as expressly provided otherwise, any reference 2
to ‘‘this Act’’ contained in any division of this Act shall 3
be treated as referring only to the provisions of that divi-4
sion. 5
DIVISION A—LIMIT FEDERAL 6
SPENDING 7
TITLE I—DISCRETIONARY 8
SPENDING LIMITS FOR DIS-9
CRETIONARY CATEGORY 10
SEC. 101. DISCRETIONARY SPENDING LIMITS. 11
(a) I
NGENERAL.—Section 251(c) of the Balanced 12
Budget and Emergency Deficit Control Act of 1985 (2 13
U.S.C. 901(c)) is amended— 14
(1) in paragraph (7)(B), by striking ‘‘and’’ at 15
the end; and 16
(2) by inserting after paragraph (8) the fol-17
lowing: 18
‘‘(9) for fiscal year 2024, for the discretionary 19
category, $1,470,979,000,000 in new budget author-20
ity; 21
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‘‘(10) for fiscal year 2025, for the discretionary 1
category, $1,485,689,000,000 in new budget author-2
ity; 3
‘‘(11) for fiscal year 2026, for the discretionary 4
category, $1,500,546,000,000 in new budget author-5
ity; 6
‘‘(12) for fiscal year 2027, for the discretionary 7
category, $1,515,551,000,000 in new budget author-8
ity; 9
‘‘(13) for fiscal year 2028, for the discretionary 10
category, $1,530,707,000,000 in new budget author-11
ity; 12
‘‘(14) for fiscal year 2029, for the discretionary 13
category, $1,546,014,000,000 in new budget author-14
ity; 15
‘‘(15) for fiscal year 2030, for the discretionary 16
category, $1,561,474,000,000 in new budget author-17
ity; 18
‘‘(16) for fiscal year 2031, for the discretionary 19
category, $1,577,089,000,000 in new budget author-20
ity; 21
‘‘(17) for fiscal year 2032, for the discretionary 22
category, $1,592,859,000,000 in new budget author-23
ity; and 24
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‘‘(18) for fiscal year 2033, for the discretionary 1
category, $1,608,788,000,000 in new budget author-2
ity;’’. 3
(b) C
ONFORMING AMENDMENTS TO ADJUST-4
MENTS.— 5
(1) C
ONTINUING DISABILITY REVIEWS AND 6
REDERMINATIONS.—Section 251(b)(2)(B)(i) of the 7
Balanced Budget and Emergency Deficit Control 8
Act of 1985 is amended— 9
(A) in subclause (IX), by striking ‘‘and’’ at 10
the end; 11
(B) in subclause (X), by striking the pe-12
riod and inserting a semicolon; and 13
(C) by inserting after subclause (X) the 14
following: 15
‘‘(XI) for fiscal year 2024, 16
$1,578,000,000 in additional new budget 17
authority; 18
‘‘(XII) for fiscal year 2025, 19
$1,630,000,000 in additional new budget 20
authority; 21
‘‘(XIII) for fiscal year 2026, 22
$1,682,000,000 in additional new budget 23
authority; 24
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‘‘(XIV) for fiscal year 2027, 1
$1,734,000,000 in additional new budget 2
authority; 3
‘‘(XV) for fiscal year 2028, 4
$1,788,000,000 in additional new budget 5
authority; 6
‘‘(XVI) for fiscal year 2029, 7
$1,842,000,000 in additional new budget 8
authority; 9
‘‘(XVII) for fiscal year 2030, 10
$1,898,000,000 in additional new budget 11
authority; 12
‘‘(XVIII) for fiscal year 2031, 13
$1,955,000,000 in additional new budget 14
authority; 15
‘‘(XIX) for fiscal year 2032, 16
$2,014,000,000 in additional new budget 17
authority; and 18
‘‘(XX) for fiscal year 2033, 19
$2,076,000,000 in additional new budget 20
authority.’’. 21
(2) H
EALTH CARE FRAUD AND ABUSE CON -22
TROL.—Section 251(b)(2)(C)(i) of such Act is 23
amended— 24
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(A) in subclause (IX), by striking ‘‘and’’ at 1
the end; 2
(B) in subclause (X), by striking the pe-3
riod and inserting a semicolon; and 4
(C) by inserting after subclause (X) the 5
following: 6
‘‘(XI) for fiscal year 2024, 7
$604,000,000 in additional new budget au-8
thority; 9
‘‘(XII) for fiscal year 2025, 10
$630,000,000 in additional new budget au-11
thority; 12
‘‘(XIII) for fiscal year 2026, 13
$658,000,000 in additional new budget au-14
thority; 15
‘‘(XIV) for fiscal year 2027, 16
$686,000,000 in additional new budget au-17
thority; 18
‘‘(XV) for fiscal year 2028, 19
$714,000,000 in additional new budget au-20
thority; 21
‘‘(XVI) for fiscal year 2029, 22
$743,000,000 in additional new budget au-23
thority; 24
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‘‘(XVII) for fiscal year 2030, 1
$771,000,000 in additional new budget au-2
thority; 3
‘‘(XVIII) for fiscal year 2031, 4
$798,000,000 in additional new budget au-5
thority; 6
‘‘(XIX) for fiscal year 2032, 7
$826,000,000 in additional new budget au-8
thority; and 9
‘‘(XX) for fiscal year 2033, 10
$853,000,000 in additional new budget au-11
thority.’’. 12
(3) D
ISASTER FUNDING .—Section 13
251(b)(2)(D)(i) of such Act is amended by inserting 14
after ‘‘2021’’ the following: ‘‘and fiscal years 2024 15
through 2033’’. 16
(4) R
EEMPLOYMENT SERVICES AND ELIGI -17
BILITY ASSESSMENTS.—Section 251(b)(2)(E)(i) of 18
such Act is amended— 19
(A) in subclause (III), by striking ‘‘and’’ at 20
the end; 21
(B) in subclause (IV), by striking the pe-22
riod and inserting a semicolon; and 23
(C) by inserting after subclause (IV) the 24
following: 25
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‘‘(V) for fiscal year 2024, 1
$265,000,000 in additional new budg-2
et authority; 3
‘‘(VI) for fiscal year 2025, 4
$271,000,000 in additional new budg-5
et authority; 6
‘‘(VII) for fiscal year 2026, 7
$276,000,000 in additional new budg-8
et authority; 9
‘‘(VIII) for fiscal year 2027, 10
$282,000,000 in additional new budg-11
et authority; 12
‘‘(IX) for fiscal year 2028, 13
$288,000,000 in additional new budg-14
et authority; 15
‘‘(X) for fiscal year 2029, 16
$293,000,000 in additional new budg-17
et authority; 18
‘‘(XI) for fiscal year 2030, 19
$299,000,000 in additional new budg-20
et authority; 21
‘‘(XII) for fiscal year 2031, 22
$305,000,000 in additional new budg-23
et authority; 24
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‘‘(XIII) for fiscal year 2032, 1
$311,000,000 in additional new budg-2
et authority; and 3
‘‘(XIV) for fiscal year 2033, 4
$317,000,000 in additional new budg-5
et authority.’’. 6
(5) W
ILDFIRE SUPPRESSION .—Section 7
251(b)(2)(F)(i) of such Act is amended— 8
(A) by striking ‘‘through 2027’’ and insert-9
ing ‘‘through 2033’’; 10
(B) in subclause (VII), by striking ‘‘and’’ 11
at the end; 12
(C) in subclause (VIII), by striking the pe-13
riod and inserting a semicolon; and 14
(D) by inserting after subclause (VIII) the 15
following: 16
‘‘(IX) for fiscal year 2028, 17
$2,957,000,000 in additional new 18
budget authority; 19
‘‘(X) for fiscal year 2029, 20
$3,036,000,000 in additional new 21
budget authority; 22
‘‘(XI) for fiscal year 2030, 23
$3,118,000,000 in additional new 24
budget authority; 25
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‘‘(XII) for fiscal year 2031, 1
$3,202,000,000 in additional new 2
budget authority; 3
‘‘(XIII) for fiscal year 2032, 4
$3,287,000,000 in additional new 5
budget authority; and 6
‘‘(XIV) for fiscal year 2033, 7
$3,376,000,000 in additional new 8
budget authority.’’. 9
(c) C
ONFORMINGAMENDMENTS RELATING TOSE-10
QUESTRATIONREPORTS.—Section 254 of the Balanced 11
Budget and Emergency Deficit Control Act of 1985 (2 12
U.S.C. 904) is amended— 13
(1) in subsection (c)(2), by striking ‘‘2021’’ and 14
inserting ‘‘2033’’; and 15
(2) in subsection (f)(2)(A), by striking ‘‘2021’’ 16
and inserting ‘‘2033’’. 17
DIVISION B—SAVE TAXPAYER 18
DOLLARS 19
TITLE I—RESCISSION OF 20
UNOBLIGATED FUNDS 21
SEC. 201. RESCISSION OF UNOBLIGATED CORONAVIRUS 22
FUNDS. 23
The unobligated balances of amounts appropriated or 24
otherwise made available by the American Rescue Plan 25
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Act of 2021 (Public Law 117–2), and by each of Public 1
Laws 116–123, 116–127, 116–136, and 116–139 and di-2
visions M and N of Public Law 116–260, are hereby per-3
manently rescinded. 4
SEC. 202. RESCISSION OF INFLATION REDUCTION ACT 5
FUNDS. 6
The unobligated balances of amounts appropriated or 7
otherwise made available by each of the following provi-8
sions of Public Law 117–169 (commonly referred to as 9
the ‘‘Inflation Reduction Act’’) are hereby permanently re-10
scinded: 11
(1) Section 50131. 12
(2) Section 50144. 13
(3) Section 50224. 14
(4) Section 60114. 15
(5) Section 60501. 16
TITLE II—PROHIBIT UNFAIR 17
STUDENT LOAN GIVEAWAYS 18
SEC. 211. NULLIFICATION OF CERTAIN EXECUTIVE AC-19
TIONS AND RULES RELATING TO FEDERAL 20
STUDENT LOANS. 21
(a) I
NGENERAL.—The following shall have no force 22
or effect: 23
(1) The waivers and modifications of statutory 24
and regulatory provisions relating to an extension of 25
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the suspension of payments on certain loans and 1
waivers of interest on such loans under section 3513 2
of the CARES Act (20 U.S.C. 1001 note)— 3
(A) described by the Department of Edu-4
cation in the Federal Register on October 12, 5
2022 (87 Fed. Reg. 61513 et seq.); and 6
(B) issued on or after the date of enact-7
ment of this Act. 8
(2) The modifications of statutory and regu-9
latory provisions relating to debt discharge described 10
by the Department of Education in the Federal Reg-11
ister on October 12, 2022 (87 Fed. Reg. 61514). 12
(3) A final rule that is substantially similar to 13
the proposed rule on ‘‘Improving Income-Driven Re-14
payment for the William D. Ford Federal Direct 15
Loan Program’’ published by the Department of 16
Education in the Federal Register on January 11, 17
2023 (88 Fed. Reg. 1894 et seq.). 18
(b) P
ROHIBITION.—The Secretary of Education may 19
not implement any executive action or rule specified in 20
paragraph (1), (2), or (3) of subsection (a) (or a substan-21
tially similar executive action or rule), except as expressly 22
authorized by an Act of Congress. 23
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SEC. 212. LIMITATION ON AUTHORITY OF SECRETARY TO 1
PROPOSE OR ISSUE REGULATIONS AND EX-2
ECUTIVE ACTIONS. 3
Part G of title IV of the Higher Education Act of 4
1965 (20 U.S.C. 1088 et seq.) is amended by inserting 5
after section 492 the following: 6
‘‘SEC. 492A. LIMITATION ON AUTHORITY OF THE SEC-7
RETARY TO PROPOSE OR ISSUE REGULA-8
TIONS AND EXECUTIVE ACTIONS. 9
‘‘(a) D
RAFTREGULATIONS.—Beginning after the 10
date of enactment of this section, a draft regulation imple-11
menting this title (as described in section 492(b)(1)) that 12
is determined by the Secretary to be economically signifi-13
cant shall be subject to the following requirements (re-14
gardless of whether negotiated rulemaking occurs): 15
‘‘(1) The Secretary shall determine whether the 16
draft regulation, if implemented, would result in an 17
increase in a subsidy cost resulting from a loan 18
modification. 19
‘‘(2) If the Secretary determines under para-20
graph (1) that the draft regulation would result in 21
an increase in a subsidy cost resulting from a loan 22
modification, then the Secretary may take no further 23
action with respect to such regulation. 24
‘‘(b) P
ROPOSED ORFINALREGULATIONS ANDEXEC-25
UTIVEACTIONS.—Notwithstanding any other provision of 26
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law, beginning after the date of enactment of this section, 1
the Secretary may not issue a proposed rule, final regula-2
tion, or executive action implementing this title if the Sec-3
retary determines that the rule, regulation, or executive 4
action— 5
‘‘(1) is economically significant; and 6
‘‘(2) would result in an increase in a subsidy 7
cost resulting from a loan modification. 8
‘‘(c) R
ELATIONSHIP TO OTHERREQUIREMENTS.— 9
The analyses required under subsections (a) and (b) shall 10
be in addition to any other cost analysis required under 11
law for a regulation implementing this title, including any 12
cost analysis that may be required pursuant to Executive 13
Order 12866 (58 Fed. Reg. 51735; relating to regulatory 14
planning and review), Executive Order 13563 (76 Fed. 15
Reg. 3821; relating to improving regulation and regu-16
latory review), or any related or successor orders. 17
‘‘(d) D
EFINITION.—In this section, the term ‘eco-18
nomically significant’, when used with respect to a draft, 19
proposed, or final regulation or executive action, means 20
that the regulation or executive action is likely, as deter-21
mined by the Secretary— 22
‘‘(1) to have an annual effect on the economy 23
of $100,000,000 or more; or 24
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‘‘(2) adversely to affect in a material way the 1
economy, a sector of the economy, productivity, com-2
petition, jobs, the environment, public health or safe-3
ty, or State, local, or tribal governments or commu-4
nities.’’. 5
TITLE III—REPEAL MARKET DIS-6
TORTING GREEN TAX CRED-7
ITS 8
SEC. 221. AMENDMENT OF 1986 CODE. 9
Except as otherwise expressly provided, whenever in 10
this title an amendment or repeal is expressed in terms 11
of an amendment to, or repeal of, a section or other provi-12
sion, the reference shall be considered to be made to a 13
section or other provision of the Internal Revenue Code 14
of 1986. 15
SEC. 222. MODIFICATION OF CREDIT FOR ELECTRICITY 16
PRODUCED FROM CERTAIN RENEWABLE RE-17
SOURCES. 18
(a) I
NGENERAL.—The following provisions of sec-19
tion 45(d) are each amended by striking ‘‘January 1, 20
2025’’ each place it appears and inserting ‘‘January 1, 21
2022’’: 22
(1) Paragraph (2)(A). 23
(2) Paragraph (3)(A). 24
(3) Paragraph (6). 25
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(4) Paragraph (7). 1
(5) Paragraph (9). 2
(6) Paragraph (11)(B). 3
(b) B
ASECREDITAMOUNT.—Section 45 is amend-4
ed— 5
(1) in subsection (a)(1), by striking ‘‘0.3 cents’’ 6
and inserting ‘‘1.5 cents’’, and 7
(2) in subsection (b)(2), by striking ‘‘0.3 cent’’ 8
each place it appears and inserting ‘‘1.5 cent’’. 9
(c) A
PPLICATION TOGEOTHERMAL AND SOLAR.— 10
Section 45(d)(4) is amended by striking ‘‘and the con-11
struction of which begins before January 1, 2025’’ and 12
all that follows and inserting ‘‘and which— 13
‘‘(A) in the case of a facility using solar 14
energy, is placed in service before January 1, 15
2006, or 16
‘‘(B) in the case of a facility using geo-17
thermal energy, the construction of which be-18
gins before January 1, 2022. 19
Such term shall not include any property described 20
in section 48(a)(3) the basis of which is taken into 21
account by the taxpayer for purposes of determining 22
the energy credit under section 48.’’. 23
(d) E
LECTIONTOTREATQUALIFIEDFACILITIES AS 24
E
NERGYPROPERTY.—Section 48(a)(5)(C)(ii) is amended 25
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by striking ‘‘January 1, 2025’’ and inserting ‘‘January 1, 1
2022’’. 2
(e) W
INDFACILITIES.— 3
(1) I
N GENERAL.—Section 45(d)(1) is amended 4
by striking ‘‘January 1, 2025’’ and inserting ‘‘Janu-5
ary 1, 2022’’. 6
(2) A
PPLICATION OF PHASEOUT PERCENT -7
AGE.— 8
(A) R
ENEWABLE ELECTRICITY PRODUC -9
TION CREDIT.—Section 45(b)(5) is amended by 10
striking ‘‘which is placed in service before Jan-11
uary 1, 2022’’. 12
(B) E
NERGY CREDIT .—Section 13
48(a)(5)(E) is amended by striking ‘‘placed in 14
service before January 1, 2022, and’’. 15
(3) Q
UALIFIED OFFSHORE WIND FACILITIES 16
UNDER ENERGY CREDIT .—Section 48(a)(5)(F)(i) is 17
amended by striking ‘‘offshore wind facility, sub-18
paragraph (E) shall not apply.’’ and inserting ‘‘off-19
shore wind facility— 20
‘‘(I) subparagraph (C)(ii) shall be 21
applied by substituting ‘January 1, 22
2026’ for ‘January 1, 2022’, 23
‘‘(II) subparagraph (E) shall not 24
apply, and 25
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‘‘(III) for purposes of this para-1
graph, section 45(d)(1) shall be ap-2
plied by substituting ‘January 1, 3
2026’ for ‘January 1, 2022’.’’. 4
(f) W
AGE ANDAPPRENTICESHIPREQUIREMENTS.— 5
Section 45(b) is amended by striking paragraphs (6), (7), 6
and (8). 7
(g) D
OMESTICCONTENT, PHASEOUT, ANDENERGY 8
C
OMMUNITIES.—Section 45(b) is amended by striking 9
paragraphs (9), (10), (11), and (12). 10
(h) C
REDITREDUCED FOR GRANTS, TAX-EXEMPT 11
B
ONDS, SUBSIDIZEDENERGYFINANCING, ANDOTHER 12
C
REDITS.—Section 45(b)(3) is amended to read as fol-13
lows: 14
‘‘(3) C
REDIT REDUCED FOR GRANTS , TAX-EX-15
EMPT BONDS, SUBSIDIZED ENERGY FINANCING , AND 16
OTHER CREDITS.—The amount of the credit deter-17
mined under subsection (a) with respect to any 18
project for any taxable year (determined after the 19
application of paragraphs (1) and (2)) shall be re-20
duced by the amount which is the product of the 21
amount so determined for such year and the lesser 22
of
1
⁄2or a fraction— 23
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‘‘(A) the numerator of which is the sum, 1
for the taxable year and all prior taxable years, 2
of— 3
‘‘(i) grants provided by the United 4
States, a State, or a political subdivision of 5
a State for use in connection with the 6
project, 7
‘‘(ii) proceeds of an issue of State or 8
local government obligations used to pro-9
vide financing for the project the interest 10
on which is exempt from tax under section 11
103, 12
‘‘(iii) the aggregate amount of sub-13
sidized energy financing provided (directly 14
or indirectly) under a Federal, State, or 15
local program provided in connection with 16
the project, and 17
‘‘(iv) the amount of any other credit 18
allowable with respect to any property 19
which is part of the project, and 20
‘‘(B) the denominator of which is the ag-21
gregate amount of additions to the capital ac-22
count for the project for the taxable year and 23
all prior taxable years. 24
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The amounts under the preceding sentence for any 1
taxable year shall be determined as of the close of 2
the taxable year. This paragraph shall not apply 3
with respect to any facility described in subsection 4
(d)(2)(A)(ii).’’. 5
(i) R
OUNDINGADJUSTMENT.— 6
(1) I
N GENERAL.—Section 45(b)(2) is amended 7
to read as follows: 8
‘‘(2) C
REDIT AND PHASEOUT ADJUSTMENT 9
BASED ON INFLATION .—The 1.5 cent amount in 10
subsection (a), the 8 cent amount in paragraph (1), 11
the $4.375 amount in subsection (e)(8)(A), the $2 12
amount in subsection (e)(8)(D)(ii)(I), and in sub-13
section (e)(8)(B)(i) the reference price of fuel used 14
as a feedstock (within the meaning of subsection 15
(c)(7)(A)) in 2002 shall each be adjusted by multi-16
plying such amount by the inflation adjustment fac-17
tor for the calendar year in which the sale occurs. 18
If any amount as increased under the preceding sen-19
tence is not a multiple of 0.1 cent, such amount 20
shall be rounded to the nearest multiple of 0.1 21
cent.’’. 22
(2) C
ONFORMING AMENDMENT .—Section 23
45(b)(4)(A) is amended by striking ‘‘last two sen-24
tences’’ and inserting ‘‘last sentence’’. 25
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(j) HYDROPOWER.— 1
(1) C
REDIT RATE REDUCTION FOR QUALIFIED 2
HYDROELECTRIC PRODUCTION AND MARINE AND 3
HYDROKINETIC RENEWABLE ENERGY .—Section 4
45(b)(4)(A) is amended by striking ‘‘or (7)’’ and in-5
serting ‘‘(7), (9), or (11)’’. 6
(2) M
ARINE AND HYDROKINETIC RENEWABLE 7
ENERGY.—Section 45 is amended— 8
(A) in subsection (c)(10)(A)— 9
(i) in clause (iii), by adding ‘‘or’’ at 10
the end, 11
(ii) in clause (iv), by striking ‘‘, or’’ 12
and inserting a period, and 13
(iii) by striking clause (v), and 14
(B) in subsection (d)(11)(A), by striking 15
‘‘25’’ and inserting ‘‘150’’. 16
(k) E
FFECTIVEDATES.— 17
(1) I
N GENERAL.—Except as provided in para-18
graphs (2) and (3), the amendments made by this 19
section shall apply to facilities placed in service after 20
December 31, 2021. 21
(2) C
REDIT REDUCED FOR GRANTS , TAX-EX-22
EMPT BONDS, SUBSIDIZED ENERGY FINANCING , AND 23
OTHER CREDITS.—The amendment made by sub-24
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section (h) shall apply to facilities the construction 1
of which begins after August 16, 2022. 2
(3) D
OMESTIC CONTENT , PHASEOUT, ENERGY 3
COMMUNITIES.—The amendments made by sub-4
sections (g) and (j) shall apply to facilities placed in 5
service after December 31, 2022. 6
SEC. 223. MODIFICATION OF ENERGY CREDIT. 7
(a) I
NGENERAL.—The following provisions of sec-8
tion 48 are each amended by striking ‘‘January 1, 2025’’’ 9
each place it appears and inserting ‘‘January 1, 2024’’: 10
(1) Subsection (a)(2)(A)(i)(II). 11
(2) Subsection (a)(3)(A)(ii). 12
(3) Subsection (c)(1)(E). 13
(4) Subsection (c)(2)(D). 14
(5) Subsection (c)(3)(A)(iv). 15
(6) Subsection (c)(4)(C). 16
(7) Subsection (c)(5)(D). 17
(b) C
ERTAIN ENERGY PROPERTY.—Section 18
48(a)(3)(A)(vii) is amended by striking ‘‘January 1, 19
2035’’ and inserting ‘‘January 1, 2024’’. 20
(c) P
HASEOUT OFCREDIT.—Section 48(a) is amend-21
ed by striking paragraphs (6) and (7) and inserting the 22
following new paragraphs: 23
‘‘(6) P
HASEOUT FOR SOLAR ENERGY PROP -24
ERTY.— 25
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‘‘(A) IN GENERAL.—Subject to subpara-1
graph (B), in the case of any energy property 2
described in paragraph (3)(A)(i) the construc-3
tion of which begins before January 1, 2024, 4
the energy percentage determined under para-5
graph (2) shall be equal to— 6
‘‘(i) in the case of any property the 7
construction of which begins after Decem-8
ber 31, 2019, and before January 1, 2023, 9
26 percent, and 10
‘‘(ii) in the case of any property the 11
construction of which begins after Decem-12
ber 31, 2022, and before January 1, 2024, 13
22 percent. 14
‘‘(B) P
LACED IN SERVICE DEADLINE .—In 15
the case of any energy property described in 16
paragraph (3)(A)(i) the construction of which 17
begins before January 1, 2024, and which is 18
not placed in service before January 1, 2026, 19
the energy percentage determined under para-20
graph (2) shall be equal to 10 percent. 21
‘‘(7) P
HASEOUT FOR CERTAIN OTHER ENERGY 22
PROPERTY.— 23
‘‘(A) I
N GENERAL.—Subject to subpara-24
graph (B), in the case of any qualified fuel cell 25
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property, qualified small wind property, waste 1
energy recovery property, or energy property 2
described in paragraph (3)(A)(ii), the energy 3
percentage determined under paragraph (2) 4
shall be equal to— 5
‘‘(i) in the case of any property the 6
construction of which begins after Decem-7
ber 31, 2019, and before January 1, 2023, 8
26 percent, and 9
‘‘(ii) in the case of any property the 10
construction of which begins after Decem-11
ber 31, 2022, and before January 1, 2024, 12
22 percent. 13
‘‘(B) P
LACED IN SERVICE DEADLINE .—In 14
the case of any energy property described in 15
subparagraph (A) which is not placed in service 16
before January 1, 2026, the energy percentage 17
determined under paragraph (2) shall be equal 18
to 0 percent.’’. 19
(d) B
ASEENERGYPERCENTAGEAMOUNT.—Section 20
48(a) is amended— 21
(1) in paragraph (2)(A)— 22
(A) in clause (i), by striking ‘‘6 percent’’ 23
and inserting ‘‘30 percent’’, and 24
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(B) in clause (ii), by striking ‘‘2 percent’’ 1
and inserting ‘‘10 percent’’, and 2
(2) in paragraph (5)(A)(ii), by striking ‘‘6 per-3
cent’’ and inserting ‘‘30 percent’’. 4
(e) C
REDIT FOR GEOTHERMAL.—Section 5
48(a)(2)(A)(i)(II) is amended by striking ‘‘clause (i) or 6
(iii) of paragraph (3)(A)’’ and inserting ‘‘paragraph 7
(3)(A)(i)’’. 8
(f) E
NERGYSTORAGETECHNOLOGIES, QUALIFIED 9
B
IOGASPROPERTY; MICROGRIDCONTROLLERS RE-10
MOVED.— 11
(1) I
N GENERAL.—Section 48(a)(3)(A) is 12
amended by inserting ‘‘or’’ at the end of clause (vii) 13
and by striking clauses (ix), (x), and (xi). 14
(2) C
ONFORMING CHANGES .— 15
(A) Section 48(a)(2)(A)(i) is amended by 16
inserting ‘‘and’’ at the end of subclauses (IV) 17
and (V) and by striking subclauses (VI), (VII), 18
(VIII), and (IX). 19
(B) Section 48(c) is amended by striking 20
paragraphs (6), (7), and (8). 21
(C) Section 45(e) is amended by striking 22
paragraph (12). 23
(D) Section 50(d)(2) is amended by strik-24
ing ‘‘At the election of a taxpayer’’ and all that 25
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follows through ‘‘equal to or less than 500 kilo-1
watt hours.’’ 2
(g) F
UELCELLSUSINGELECTROMECHANICAL 3
P
ROCESSES.— 4
(1) I
N GENERAL.—Section 48(c)(1) is amend-5
ed— 6
(A) in subparagraph (A)(i)— 7
(i) by striking ‘‘or electromechanical’’, 8
and 9
(ii) by striking ‘‘(1 kilowatt in the 10
case of a fuel cell power plant with a linear 11
generator assembly)’’, and 12
(B) in subparagraph (C)— 13
(i) by striking ‘‘, or linear generator 14
assembly’’, and 15
(ii) by striking ‘‘or 16
electromechanical’’. 17
(2) L
INEAR GENERATOR ASSEMBLY LIMITA -18
TION.—Section 48(c)(1) is amended by striking sub-19
paragraph (D) and by redesignating subparagraph 20
(E) as subparagraph (D). 21
(h) D
YNAMICGLASS.—Section 48(a)(3)(A)(ii) is 22
amended by striking ‘‘or electrochromic glass which uses 23
electricity to change its light transmittance properties in 24
order to heat or cool a structure,’’. 25
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(i) COORDINATIONRULEREMOVED.—Paragraph (3) 1
of section 50(c) is amended— 2
(1) by inserting ‘‘and’’ at the end of subpara-3
graph (A), 4
(2) by striking ‘‘, and’’ at the end of subpara-5
graph (B) and inserting a period, and 6
(3) by striking subparagraph (C). 7
(j) I
NTERCONNECTION PROPERTY.—Section 48(a) is 8
amended by striking paragraph (8). 9
(k) E
NERGYPROJECTS, WAGEREQUIREMENTS, AND 10
A
PPRENTICESHIP REQUIREMENTS.—Section 48(a) is 11
amended by striking paragraphs (9), (10), and (11). 12
(l) D
OMESTICCONTENT, PHASEOUT FORELECTIVE 13
P
AYMENT.—Section 48(a) is amended by striking para-14
graphs (12) and (13). 15
(m) R
ULE FORPROPERTYFINANCED BYTAX-EX-16
EMPTBONDSREMOVED; TEXT OFSPECIALRULE FOR 17
P
ROPERTYFINANCED BYSUBSIDIZEDENERGYFINANC-18
ING OR INDUSTRIAL DEVELOPMENT BONDSRE-19
STORED.—Section 48(a)(4) is amended to read as follows: 20
‘‘(4) S
PECIAL RULE FOR PROPERTY FINANCED 21
BY SUBSIDIZED ENERGY FINANCING OR INDUSTRIAL 22
DEVELOPMENT BONDS .— 23
‘‘(A) R
EDUCTION OF BASIS.—For purposes 24
of applying the energy percentage to any prop-25
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erty, if such property is financed in whole or in 1
part by— 2
‘‘(i) subsidized energy financing, or 3
‘‘(ii) the proceeds of a private activity 4
bond (within the meaning of section 141) 5
the interest on which is exempt from tax 6
under section 103, 7
the amount taken into account as the basis of 8
such property shall not exceed the amount 9
which (but for this subparagraph) would be so 10
taken into account multiplied by the fraction 11
determined under subparagraph (B). 12
‘‘(B) D
ETERMINATION OF FRACTION .—For 13
purposes of subparagraph (A), the fraction de-14
termined under this subparagraph is 1 reduced 15
by a fraction— 16
‘‘(i) the numerator of which is that 17
portion of the basis of the property which 18
is allocable to such financing or proceeds, 19
and 20
‘‘(ii) the denominator of which is the 21
basis of the property. 22
‘‘(C) S
UBSIDIZED ENERGY FINANCING .— 23
For purposes of subparagraph (A), the term 24
‘subsidized energy financing’ means financing 25
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provided under a Federal, State, or local pro-1
gram a principal purpose of which is to provide 2
subsidized financing for projects designed to 3
conserve or produce energy. 4
‘‘(D) T
ERMINATION.—This paragraph 5
shall not apply to periods after December 31, 6
2008, under rules similar to the rules of section 7
48(m) (as in effect on the day before the date 8
of the enactment of the Revenue Reconciliation 9
Act of 1990).’’. 10
(n) T
REATMENT OFCONTRACTSINVOLVINGENERGY 11
S
TORAGE.—Section 7701(e) is amended— 12
(1) in paragraph (3)— 13
(A) in subparagraph (A)(i), by inserting 14
‘‘or’’ at the end of subclause (II), by striking 15
‘‘or’’ at the end of subclause (III) and inserting 16
‘‘and’’, and by striking subclause (IV), and 17
(B) by striking subparagraph (F), and 18
(2) in paragraph (4), by striking ‘‘water treat-19
ment works facility, or storage facility’’ and insert-20
ing ‘‘or water treatment works facility’’. 21
(o) R
EMOVAL OFINCREASEDCREDITRATE FOREN-22
ERGYCOMMUNITIES.—Section 48(a) is amended by strik-23
ing paragraph (14). 24
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(p) REGULATIONS.—Section 48(a) is amended by 1
striking paragraph (15). 2
(q) E
FFECTIVEDATES.— 3
(1) I
N GENERAL.—Except as provided in para-4
graphs (2) and (3), the amendments made by this 5
section shall apply to property placed in service after 6
December 31, 2021. 7
(2) O
THER PROPERTY .—The amendments 8
made by subsections (f), (g), (h), (i), (j), (l), (n), 9
and (o) shall apply to property placed in service 10
after December 31, 2022. 11
(3) R
EMOVAL OF RULE FOR PROPERTY FI -12
NANCED BY TAX EXEMPT BONDS .—The amendment 13
made by subsection (m) shall apply to property the 14
construction of which begins after August 16, 2022. 15
SEC. 224. REPEAL OF INCREASE IN ENERGY CREDIT FOR 16
SOLAR AND WIND FACILITIES PLACED IN 17
SERVICE IN CONNECTION WITH LOW-INCOME 18
COMMUNITIES. 19
(a) I
NGENERAL.—Section 48 is amended by striking 20
subsection (e). 21
(b) E
FFECTIVEDATE.—The amendments made by 22
this section shall take effect on January 1, 2023. 23
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SEC. 225. ZERO-EMISSION NUCLEAR POWER PRODUCTION 1
CREDIT REPEALED. 2
(a) I
NGENERAL.—Subpart D of part IV of sub-3
chapter A of chapter 1 is amended by striking section 45U 4
(and by striking the item relating to such section in the 5
table of sections for such subpart). 6
(b) C
ONFORMINGAMENDMENTS.—Section 38(b) is 7
amended— 8
(1) in paragraph (32), by adding ‘‘plus’’ at the 9
end, 10
(2) in paragraph (33), by striking the comma 11
at the end and inserting a period, and 12
(3) by striking paragraph (34). 13
(c) E
FFECTIVEDATE.—The amendments made by 14
this section shall apply to electricity produced and sold 15
after December 31, 2023, in taxable years beginning after 16
such date. 17
SEC. 226. REPEAL OF SUSTAINABLE AVIATION FUEL CRED-18
IT. 19
(a) I
NGENERAL.—Subpart D of part IV of sub-20
chapter A of chapter 1 is amended by striking section 40B 21
(and by striking the item relating to such section in the 22
table of sections for such subpart). 23
(b) C
ONFORMINGAMENDMENT.—Section 38(b) is 24
amended by striking paragraph (35). 25
(c) C
OORDINATIONWITHBIODIESELREMOVED.— 26
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(1) IN GENERAL.—Section 40A(d)(1) is amend-1
ed by striking ‘‘or 40B’’. 2
(2) C
ONFORMING AMENDMENT .—Section 3
40A(f) is amended by adding at the end the fol-4
lowing: 5
‘‘(4) C
ERTAIN AVIATION FUEL.— 6
‘‘(A) I
N GENERAL.—Except as provided in 7
the last 3 sentences of paragraph (3), the term 8
‘renewable diesel’ shall include fuel derived from 9
biomass which meets the requirements of a De-10
partment of Defense specification for military 11
jet fuel or an American Society of Testing and 12
Materials specification for aviation turbine fuel. 13
‘‘(B) A
PPLICATION OF MIXTURE CRED -14
ITS.—In the case of fuel which is treated as re-15
newable diesel solely by reason of subparagraph 16
(A), subsection (b)(1) and section 6426(c) shall 17
be applied with respect to such fuel by treating 18
kerosene as though it were diesel fuel.’’. 19
(3) S
USTAINABLE AVIATION FUEL CREDIT PRO -20
VISIONS REMOVED.—Section 6426 is amended by 21
striking subsection (k). 22
(d) C
ONFORMINGAMENDMENTS.— 23
(1) Section 6426 is amended— 24
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(A) in subsection (a)(1), by striking ‘‘(e), 1
and (k)’’ and inserting ‘‘and (e)’’, and 2
(B) in subsection (h), by striking ‘‘under 3
section 40, 40A, or 40B’’ and inserting ‘‘under 4
section 40 or 40A’’. 5
(2) Section 6427(e) is amended— 6
(A) in the heading, by striking ‘‘A
LTER-7
NATIVEFUEL, ORSUSTAINABLE AVIATION 8
F
UEL’’ and inserting ‘‘ORALTERNATIVE 9
F
UEL’’, 10
(B) in paragraph (1), by striking ‘‘or the 11
sustainable aviation fuel mixture credit’’, and 12
(C) in paragraph (6)— 13
(i) in subparagraph (C), by adding 14
‘‘and’’ at the end, 15
(ii) in subparagraph (D), by striking 16
‘‘, and’’ and inserting a period, and 17
(iii) by striking subparagraph (E). 18
(3) Section 4101(a)(1) is amended by striking 19
‘‘every person producing or importing sustainable 20
aviation fuel (as defined in section 40B),’’. 21
(4) Section 87 is amended— 22
(A) in paragraph (1), by adding ‘‘and’’ at 23
the end, 24
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(B) in paragraph (2), by striking ‘‘, and’’ 1
and inserting a period, and 2
(C) by striking paragraph (3). 3
(e) E
FFECTIVEDATE.—The amendments made by 4
this section shall apply to fuel sold or used after December 5
31, 2022. 6
SEC. 227. CLEAN HYDROGEN REPEALS. 7
(a) C
REDIT FORPRODUCTION OFCLEANHYDROGEN 8
R
EPEALED.— 9
(1) I
N GENERAL.—Subpart D of part IV of 10
subchapter A of chapter 1 is amended by striking 11
section 45V (and by striking the item relating to 12
such section in the table of sections for such sub-13
part). 14
(2) C
ONFORMING AMENDMENT .—Section 38(b) 15
is amended by striking paragraph (36). 16
(3) E
FFECTIVE DATE.—The amendments made 17
by this section shall apply to hydrogen produced 18
after December 31, 2022. 19
(b) C
REDIT FORELECTRICITYPRODUCEDFROMRE-20
NEWABLERESOURCESALLOWED IF ELECTRICITYIS 21
U
SEDTOPRODUCECLEANHYDROGEN.— 22
(1) I
N GENERAL.—Section 45(e) is amended by 23
striking paragraph (13). 24
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(2) EFFECTIVE DATE.—The amendments made 1
by this subsection shall apply to electricity produced 2
after December 31, 2022. 3
(c) E
LECTIONTOTREATCLEANHYDROGENPRO-4
DUCTIONFACILITIES ASENERGYPROPERTY.— 5
(1) I
N GENERAL.—Section 48(a) is amended by 6
striking paragraph (15) and by redesignating para-7
graph (16) as paragraph (15). 8
(2) E
FFECTIVE DATE.—The amendments made 9
by this subsection shall apply to property placed in 10
service after December 31, 2022. 11
(d) R
EINSTATEMENT OF ALTERNATIVEFUELCRED-12
IT FORLIQUEFIEDHYDROGEN.— 13
(1) I
N GENERAL.—Section 6426(d)(2) is 14
amended by redesignating subparagraphs (D), (E), 15
and (F) as subparagraphs (E), (F), and (G), respec-16
tively, and by inserting after subparagraph (C) the 17
following: 18
‘‘(D) liquefied hydrogen,’’. 19
(2) C
ONFORMING AMENDMENT .—Section 20
6426(e)(2) is amended by striking ‘‘(E)’’ and insert-21
ing ‘‘(F)’’. 22
(3) E
FFECTIVE DATE.—The amendments made 23
by this subsection shall apply to fuel sold or used 24
after December 31, 2022. 25
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SEC. 228. NONBUSINESS ENERGY PROPERTY CREDIT. 1
(a) I
NGENERAL.—Section 25C is amended to read 2
as follows: 3
‘‘SEC. 25C. NONBUSINESS ENERGY PROPERTY. 4
‘‘(a) A
LLOWANCE OFCREDIT.—In the case of an in-5
dividual, there shall be allowed as a credit against the tax 6
imposed by this chapter for the taxable year an amount 7
equal to the sum of— 8
‘‘(1) 10 percent of the amount paid or incurred 9
by the taxpayer for qualified energy efficiency im-10
provements installed during such taxable year, and 11
‘‘(2) the amount of the residential energy prop-12
erty expenditures paid or incurred by the taxpayer 13
during such taxable year. 14
‘‘(b) L
IMITATIONS.— 15
‘‘(1) L
IFETIME LIMITATION.—The credit al-16
lowed under this section with respect to any tax-17
payer for any taxable year shall not exceed the ex-18
cess (if any) of $500 over the aggregate credits al-19
lowed under this section with respect to such tax-20
payer for all prior taxable years ending after Decem-21
ber 31, 2005. 22
‘‘(2) W
INDOWS.—In the case of amounts paid 23
or incurred for components described in subsection 24
(c)(3)(B) by any taxpayer for any taxable year, the 25
credit allowed under this section with respect to such 26
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amounts for such year shall not exceed the excess (if 1
any) of $200 over the aggregate credits allowed 2
under this section with respect to such amounts for 3
all prior taxable years ending after December 31, 4
2005. 5
‘‘(3) L
IMITATION ON RESIDENTIAL ENERGY 6
PROPERTY EXPENDITURES .—The amount of the 7
credit allowed under this section by reason of sub-8
section (a)(2) shall not exceed— 9
‘‘(A) $50 for any advanced main air circu-10
lating fan, 11
‘‘(B) $150 for any qualified natural gas, 12
propane, or oil furnace or hot water boiler, and 13
‘‘(C) $300 for any item of energy-efficient 14
building property. 15
‘‘(c) Q
UALIFIEDENERGYEFFICIENCYIMPROVE-16
MENTS.—For purposes of this section— 17
‘‘(1) I
N GENERAL.—The term ‘qualified energy 18
efficiency improvements’ means any energy efficient 19
building envelope component, if— 20
‘‘(A) such component is installed in or on 21
a dwelling unit located in the United States and 22
owned and used by the taxpayer as the tax-23
payer’s principal residence (within the meaning 24
of section 121), 25
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‘‘(B) the original use of such component 1
commences with the taxpayer, and 2
‘‘(C) such component reasonably can be ex-3
pected to remain in use for at least 5 years. 4
‘‘(2) E
NERGY EFFICIENT BUILDING ENVELOPE 5
COMPONENT.—The term ‘energy efficient building 6
envelope component’ means a building envelope com-7
ponent which meets— 8
‘‘(A) applicable Energy Star program re-9
quirements, in the case of a roof or roof prod-10
ucts, 11
‘‘(B) version 6.0 Energy Star program re-12
quirements, in the case of an exterior window, 13
a skylight, or an exterior door, and 14
‘‘(C) the prescriptive criteria for such com-15
ponent established by the 2009 International 16
Energy Conservation Code, as such Code (in-17
cluding supplements) is in effect on the date of 18
the enactment of the American Recovery and 19
Reinvestment Tax Act of 2009, in the case of 20
any other component. 21
‘‘(3) B
UILDING ENVELOPE COMPONENT .—The 22
term ‘building envelope component’ means— 23
‘‘(A) any insulation material or system 24
which is specifically and primarily designed to 25
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reduce the heat loss or gain of a dwelling unit 1
when installed in or on such dwelling unit, 2
‘‘(B) exterior windows (including sky-3
lights), 4
‘‘(C) exterior doors, and 5
‘‘(D) any metal roof or asphalt roof in-6
stalled on a dwelling unit, but only if such roof 7
has appropriate pigmented coatings or cooling 8
granules which are specifically and primarily 9
designed to reduce the heat gain of such dwell-10
ing unit. 11
‘‘(4) M
ANUFACTURED HOMES INCLUDED .—The 12
term ‘dwelling unit’ includes a manufactured home 13
which conforms to Federal Manufactured Home 14
Construction and Safety Standards (part 3280 of 15
title 24, Code of Federal Regulations). 16
‘‘(d) R
ESIDENTIALENERGYPROPERTYEXPENDI-17
TURES.—For purposes of this section— 18
‘‘(1) I
N GENERAL.—The term ‘residential en-19
ergy property expenditures’ means expenditures 20
made by the taxpayer for qualified energy property 21
which is— 22
‘‘(A) installed on or in connection with a 23
dwelling unit located in the United States and 24
owned and used by the taxpayer as the tax-25
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payer’s principal residence (within the meaning 1
of section 121), and 2
‘‘(B) originally placed in service by the tax-3
payer. 4
Such term includes expenditures for labor costs 5
properly allocable to the onsite preparation, assem-6
bly, or original installation of the property. 7
‘‘(2) Q
UALIFIED ENERGY PROPERTY .— 8
‘‘(A) I
N GENERAL.—The term ‘qualified 9
energy property’ means— 10
‘‘(i) energy-efficient building property, 11
‘‘(ii) a qualified natural gas, propane, 12
or oil furnace or hot water boiler, or 13
‘‘(iii) an advanced main air circulating 14
fan. 15
‘‘(B) P
ERFORMANCE AND QUALITY STAND -16
ARDS.—Property described under subparagraph 17
(A) shall meet the performance and quality 18
standards, and the certification requirements (if 19
any), which— 20
‘‘(i) have been prescribed by the Sec-21
retary by regulations (after consultation 22
with the Secretary of Energy or the Ad-23
ministrator of the Environmental Protec-24
tion Agency, as appropriate), and 25
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‘‘(ii) are in effect at the time of the 1
acquisition of the property, or at the time 2
of the completion of the construction, re-3
construction, or erection of the property, 4
as the case may be. 5
‘‘(C) R
EQUIREMENTS AND STANDARDS 6
FOR AIR CONDITIONERS AND HEAT PUMPS .— 7
The standards and requirements prescribed by 8
the Secretary under subparagraph (B) with re-9
spect to the energy efficiency ratio (EER) for 10
central air conditioners and electric heat 11
pumps— 12
‘‘(i) shall require measurements to be 13
based on published data which is tested by 14
manufacturers at 95 degrees Fahrenheit, 15
and 16
‘‘(ii) may be based on the certified 17
data of the Air Conditioning and Refrig-18
eration Institute that are prepared in part-19
nership with the Consortium for Energy 20
Efficiency. 21
‘‘(3) E
NERGY-EFFICIENT BUILDING PROP -22
ERTY.—The term ‘energy-efficient building property’ 23
means— 24
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‘‘(A) an electric heat pump water heater 1
which yields a Uniform Energy Factor of at 2
least 2.2 in the standard Department of Energy 3
test procedure, 4
‘‘(B) an electric heat pump which achieves 5
the highest efficiency tier established by the 6
Consortium for Energy Efficiency, as in effect 7
on January 1, 2009, 8
‘‘(C) a central air conditioner which 9
achieves the highest efficiency tier established 10
by the Consortium for Energy Efficiency, as in 11
effect on January 1, 2009, and 12
‘‘(D) a natural gas, propane, or oil water 13
heater which has either a Uniform Energy Fac-14
tor of at least 0.82 or a thermal efficiency of 15
at least 90 percent. 16
‘‘(4) Q
UALIFIED NATURAL GAS , PROPANE, OR 17
OIL FURNACE OR HOT WATER BOILER .—The term 18
‘qualified natural gas, propane, or oil furnace or hot 19
water boiler’ means a natural gas, propane, or oil 20
furnace or hot water boiler which achieves an annual 21
fuel utilization efficiency rate of not less than 95. 22
‘‘(5) A
DVANCED MAIN AIR CIRCULATING FAN .— 23
The term ‘advanced main air circulating fan’ means 24
a fan used in a natural gas, propane, or oil furnace 25
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and which has an annual electricity use of no more 1
than 2 percent of the total annual energy use of the 2
furnace (as determined in the standard Department 3
of Energy test procedures). 4
‘‘(e) S
PECIALRULES.—For purposes of this sec-5
tion— 6
‘‘(1) A
PPLICATION OF RULES.—Rules similar to 7
the rules under paragraphs (4), (5), (6), (7), and (8) 8
of section 25D(e) shall apply. 9
‘‘(2) J
OINT OWNERSHIP OF ENERGY ITEMS .— 10
‘‘(A) I
N GENERAL.—Any expenditure oth-11
erwise qualifying as an expenditure under this 12
section shall not be treated as failing to so 13
qualify merely because such expenditure was 14
made with respect to two or more dwelling 15
units. 16
‘‘(B) L
IMITS APPLIED SEPARATELY .—In 17
the case of any expenditure described in sub-18
paragraph (A), the amount of the credit allow-19
able under subsection (a) shall (subject to para-20
graph (1)) be computed separately with respect 21
to the amount of the expenditure made for each 22
dwelling unit. 23
‘‘(3) P
ROPERTY FINANCED BY SUBSIDIZED EN -24
ERGY FINANCING.—For purposes of determining the 25
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amount of expenditures made by any individual with 1
respect to any property, there shall not be taken into 2
account expenditures which are made from sub-3
sidized energy financing (as defined in section 4
48(a)(4)(C)). 5
‘‘(f) B
ASISADJUSTMENTS.—For purposes of this 6
subtitle, if a credit is allowed under this section for any 7
expenditure with respect to any property, the increase in 8
the basis of such property which would (but for this sub-9
section) result from such expenditure shall be reduced by 10
the amount of the credit so allowed. 11
‘‘(g) T
ERMINATION.—This section shall not apply 12
with respect to any property placed in service— 13
‘‘(1) after December 31, 2007, and before Jan-14
uary 1, 2009, or 15
‘‘(2) after December 31, 2021.’’. 16
(b) C
ONFORMINGAMENDMENTS.— 17
(1) Section 1016(a)(33) is amended by striking 18
‘‘section 25C(g)’’ and inserting ‘‘25C(f)’’. 19
(2) Section 6213(g)(2) is amended— 20
(A) by adding ‘‘and’’ at the end of sub-21
paragraph (P), 22
(B) by striking the comma at the end of 23
subparagraph (Q) and inserting a period, and 24
(C) by striking subparagraphs (R) and (S). 25
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(c) EFFECTIVEDATE.—The amendments made by 1
this section shall apply to property placed in service after 2
December 31, 2021. 3
SEC. 229. RESIDENTIAL CLEAN ENERGY CREDIT REVERTED 4
TO CREDIT FOR RESIDENTIAL ENERGY EFFI-5
CIENT PROPERTY. 6
(a) E
XTENSIONREVERSED.— 7
(1) I
N GENERAL.—Section 25D(h) is amended 8
by striking ‘‘December 31, 2034’’ and inserting 9
‘‘December 31, 2023’’. 10
(2) P
HASEOUT RESTORED .—Section 25D(g) is 11
amended— 12
(A) in paragraph (1), by adding ‘‘and’’ at 13
the end, 14
(B) in paragraph (2), by striking ‘‘before 15
January 1, 2022, 26 percent,’’ and inserting 16
‘‘before January 1, 2023, 26 percent, and’’, 17
(C) in paragraph (3), by striking ‘‘Decem-18
ber 31, 2021, and before January 1, 2033, 30 19
percent,’’ and inserting ‘‘December 31, 2022, 20
and before January 1, 2024, 22 percent.’’, and 21
(D) by striking paragraphs (4) and (5). 22
(b) R
ESIDENTIALCLEANENERGYCREDIT FORBAT-23
TERYSTORAGETECHNOLOGYREMOVED; BIOMASSEX-24
PENDITUREPROVISIONSRESTORED.— 25
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(1) IN GENERAL.—Paragraph (6) of section 1
25D(a) is amended to read as follows: 2
‘‘(6) the qualified biomass fuel property expend-3
itures,’’, 4
(2) D
EFINITION OF QUALIFIED BIOMASS FUEL 5
PROPERTY EXPENDITURES RESTORED .—Paragraph 6
(6) of section 25D(d) is amended to read as follows: 7
‘‘(6) Q
UALIFIED BIOMASS FUEL PROPERTY EX -8
PENDITURE.— 9
‘‘(A) I
N GENERAL.—The term ‘qualified 10
biomass fuel property expenditure’ means an 11
expenditure for property— 12
‘‘(i) which uses the burning of bio-13
mass fuel to heat a dwelling unit located in 14
the United States and used as a residence 15
by the taxpayer, or to heat water for use 16
in such a dwelling unit, and 17
‘‘(ii) which has a thermal efficiency 18
rating of at least 75 percent (measured by 19
the higher heating value of the fuel). 20
‘‘(B) B
IOMASS FUEL.—For purposes of 21
this section, the term ‘biomass fuel’ means any 22
plant-derived fuel available on a renewable or 23
recurring basis.’’. 24
(c) C
ONFORMINGAMENDMENTS.— 25
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(1) Section 25D(d)(3) is amended by striking ‘‘, 1
without regard to subparagraph (D) thereof’’. 2
(2) The heading for section 25D is amended by 3
striking ‘‘
CLEAN ENERGY CREDIT ’’ and inserting 4
‘‘
ENERGY EFFICIENT PROPERTY ’’. 5
(3) The table of sections for subpart A of part 6
IV of subchapter A of chapter 1 is amended by 7
striking the item relating to section 25D and insert-8
ing the following: 9
‘‘Sec. 25D. Residential energy efficient property.’’
(d) EFFECTIVEDATES.— 10
(1) I
N GENERAL.—Except as provided in para-11
graph (2), the amendments made by this section 12
shall apply to expenditures made after December 31, 13
2021. 14
(2) R
ESIDENTIAL CLEAN ENERGY CREDIT FOR 15
BATTERY STORAGE TECHNOLOGY REMOVED ; BIO-16
MASS EXPENDITURE PROVISIONS RESTORED .—The 17
amendments made by subsection (b) shall apply to 18
expenditures made after December 31, 2022. 19
SEC. 230. ENERGY EFFICIENT COMMERCIAL BUILDINGS DE-20
DUCTION. 21
(a) I
NGENERAL.— 22
(1) M
AXIMUM AMOUNT OF DEDUCTION RULES 23
RESTORED.—Section 179D(b) is amended to read as 24
follows: 25
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‘‘(b) MAXIMUMAMOUNT OFDEDUCTION.—The de-1
duction under subsection (a) with respect to any building 2
for any taxable year shall not exceed the excess (if any) 3
of— 4
‘‘(1) the product of— 5
‘‘(A) $1.80, and 6
‘‘(B) the square footage of the building, 7
over 8
‘‘(2) the aggregate amount of the deductions 9
under subsection (a) with respect to the building for 10
all prior taxable years.’’. 11
(2) M
ODIFICATION OF EFFICIENCY STAND -12
ARD.—Section 179D(c)(1)(D) is amended by strik-13
ing ‘‘25 percent’’ and inserting ‘‘50 percent’’. 14
(3) R
EFERENCE STANDARD .—Section 15
179D(c)(2) is amended to read as follows: 16
‘‘(2) R
EFERENCE STANDARD 90 .1.—The term 17
‘Reference Standard 90.1’ means, with respect to 18
any property, the most recent Standard 90.1 pub-19
lished by the American Society of Heating, Refrig-20
erating, and Air Conditioning Engineers and the Il-21
luminating Engineering Society of North America 22
which has been affirmed by the Secretary, after con-23
sultation with the Secretary of Energy, for purposes 24
of this section not later than the date that is 2 years 25
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before the date that construction of such property 1
begins.’’. 2
(4) P
ARTIAL ALLOWANCE.— 3
(A) I
N GENERAL.—Section 179D(d) is 4
amended— 5
(i) by redesignating paragraphs (1) 6
through (5) as paragraphs (2) through (6), 7
respectively, and 8
(ii) by inserting before paragraph (2) 9
the following: 10
‘‘(1) P
ARTIAL ALLOWANCE.— 11
‘‘(A) I
N GENERAL.—Except as provided in 12
subsection (f), if— 13
‘‘(i) the requirement of subsection 14
(c)(1)(D) is not met, but 15
‘‘(ii) there is a certification in accord-16
ance with paragraph (6) that any system 17
referred to in subsection (c)(1)(C) satisfies 18
the energy-savings targets established by 19
the Secretary under subparagraph (B) 20
with respect to such system, 21
then the requirement of subsection (c)(1)(D) 22
shall be treated as met with respect to such sys-23
tem, and the deduction under subsection (a) 24
shall be allowed with respect to energy efficient 25
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commercial building property installed as part 1
of such system and as part of a plan to meet 2
such targets, except that subsection (b) shall be 3
applied to such property by substituting ‘$.60’ 4
for ‘$1.80’. 5
‘‘(B) R
EGULATIONS.—The Secretary, after 6
consultation with the Secretary of Energy, shall 7
establish a target for each system described in 8
subsection (c)(1)(C) such that, if such targets 9
were met for all such systems, the building 10
would meet the requirements of subsection 11
(c)(1)(D).’’. 12
(B) C
ONFORMING AMENDMENTS .— 13
(i) Section 179D(c)(1)(D) is amend-14
ed— 15
(I) by striking ‘‘subsection 16
(d)(5)’’ and inserting ‘‘subsection 17
(d)(6)’’, and 18
(II) by striking ‘‘subsection 19
(d)(1)’’ and inserting ‘‘subsection 20
(d)(2)’’. 21
(ii) Paragraph (3)(A) of section 22
179D(d), as redesignated by subparagraph 23
(A), is amended by striking ‘‘paragraph 24
(1)’’ and inserting ‘‘paragraph (2)’’. 25
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(iii) Paragraph (5) of section 1
179D(d), as redesignated by subparagraph 2
(A), is amended by striking ‘‘paragraph 3
(2)(B)(iii)’’ and inserting ‘‘paragraph 4
(3)(B)(iii)’’. 5
(iv) Section 179D(h)(2) is amended 6
by inserting ‘‘or (d)(1)(A)’’ after ‘‘sub-7
section (c)(1)(D)’’. 8
(5) A
LLOCATION OF DEDUCTION FOR PUBLIC 9
PROPERTY.—Paragraph (4) of section 179D(d), as 10
redesignated by paragraph (4)(A), is amended to 11
read as follows: 12
‘‘(4) A
LLOCATION OF DEDUCTION FOR PUBLIC 13
PROPERTY.—In the case of energy efficient commer-14
cial building property installed on or in property 15
owned by a Federal, State, or local government or 16
a political subdivision thereof, the Secretary shall 17
promulgate a regulation to allow the allocation of 18
the deduction to the person primarily responsible for 19
designing the property in lieu of the owner of such 20
property. Such person shall be treated as the tax-21
payer for purposes of this section.’’. 22
(6) A
LTERNATIVE DEDUCTION FOR ENERGY EF -23
FICIENT BUILDING RETROFIT PROPERTY RE -24
PEALED.— 25
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(A) IN GENERAL .—Section 179D is 1
amended by striking subsection (f). 2
(B) R
ESTORATION OF TEXT RELATING TO 3
INTERIM RULES FOR LIGHTING SYSTEMS .—Sec-4
tion 179D is amended by inserting after sub-5
section (e) the following: 6
‘‘(f) I
NTERIMRULES FORLIGHTINGSYSTEMS.— 7
Until such time as the Secretary issues final regulations 8
under subsection (d)(1)(B) with respect to property which 9
is part of a lighting system— 10
‘‘(1) I
N GENERAL.—The lighting system target 11
under subsection (d)(1)(A)(ii) shall be a reduction in 12
lighting power density of 25 percent (50 percent in 13
the case of a warehouse) of the minimum require-14
ments in Table 9.5.1 or Table 9.6.1 (not including 15
additional interior lighting power allowances) of 16
Standard 90.1–2007. 17
‘‘(2) R
EDUCTION IN DEDUCTION IF REDUCTION 18
LESS THAN 40 PERCENT.— 19
‘‘(A) I
N GENERAL.—If, with respect to the 20
lighting system of any building other than a 21
warehouse, the reduction in lighting power den-22
sity of the lighting system is not at least 40 23
percent, only the applicable percentage of the 24
amount of deduction otherwise allowable under 25
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this section with respect to such property shall 1
be allowed. 2
‘‘(B) A
PPLICABLE PERCENTAGE .—For 3
purposes of subparagraph (A), the applicable 4
percentage is the number of percentage points 5
(not greater than 100) equal to the sum of— 6
‘‘(i) 50, and 7
‘‘(ii) the amount which bears the same 8
ratio to 50 as the excess of the reduction 9
of lighting power density of the lighting 10
system over 25 percentage points bears to 11
15. 12
‘‘(C) E
XCEPTIONS.—This subsection shall 13
not apply to any system— 14
‘‘(i) the controls and circuiting of 15
which do not comply fully with the manda-16
tory and prescriptive requirements of 17
Standard 90.1–2007 and which do not in-18
clude provision for bilevel switching in all 19
occupancies except hotel and motel guest 20
rooms, store rooms, restrooms, and public 21
lobbies, or 22
‘‘(ii) which does not meet the min-23
imum requirements for calculated lighting 24
levels as set forth in the Illuminating Engi-25
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neering Society of North America Lighting 1
Handbook, Performance and Application, 2
Ninth Edition, 2000.’’. 3
(7) I
NFLATION ADJUSTMENT .—Section 4
179D(g) is amended— 5
(A) by inserting ‘‘or subsection (d)(1)(A)’’ 6
after ‘‘subsection (b)’’, 7
(B) by striking ‘‘2022’’ and inserting 8
‘‘2020’’, and 9
(C) by striking ‘‘calendar year 2021’’ and 10
inserting ‘‘calendar year 2019’’. 11
(b) S
PECIALRULE FORREALESTATEINVESTMENT 12
T
RUSTSREMOVED.—Section 312(k)(3)(B) is amended to 13
read as follows: 14
‘‘(B) T
REATMENT OF AMOUNTS DEDUCT -15
IBLE UNDER SECTION 179 , 179B, 179C, 179D, OR 16
179E.—For purposes of computing the earnings 17
and profits of a corporation, any amount de-18
ductible under section 179, 179B, 179C, 179D, 19
or 179E shall be allowed as a deduction ratably 20
over the period of 5 taxable years (beginning 21
with the taxable year for which such amount is 22
deductible under section 179, 179B, 179C, 23
179D, or 179E, as the case may be).’’. 24
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(c) CONFORMINGAMENDMENT.—Paragraph (2) of 1
section 179D(d), as redesignated by subsection (a)(4)(A), 2
is amended by striking ‘‘not later than the date that is 3
4 years before the date such property is placed in service’’ 4
and inserting ‘‘not later than the date that is 2 years be-5
fore the date that construction of such property begins’’. 6
(d) E
FFECTIVEDATES.—The amendments made by 7
this section shall apply to taxable years beginning after 8
December 31, 2022. 9
SEC. 231. MODIFICATIONS TO NEW ENERGY EFFICIENT 10
HOME CREDIT. 11
(a) E
XTENSIONREVERSED.—Section 45L(h) is 12
amended by striking ‘‘December 31, 2032’’ and inserting 13
‘‘December 31, 2021’’. 14
(b) D
ECREASE INCREDITAMOUNTS.—Paragraph 15
(2) of section 45L(a) is amended to read as follows: 16
‘‘(2) A
PPLICABLE AMOUNT .—For purposes of 17
paragraph (1), the applicable amount is an amount 18
equal to— 19
‘‘(A) in the case of a dwelling unit de-20
scribed in paragraph (1) or (2) of subsection 21
(c), $2,000, and 22
‘‘(B) in the case of a dwelling unit de-23
scribed in paragraph (3) of subsection (c), 24
$1,000.’’. 25
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(c) REVERSAL OFMODIFICATION OFENERGYSAV-1
INGREQUIREMENTS.—Section 45L(c) is amended to read 2
as follows: 3
‘‘(c) E
NERGYSAVINGREQUIREMENTS.—A dwelling 4
unit meets the energy saving requirements of this sub-5
section if such unit is— 6
‘‘(1) certified— 7
‘‘(A) to have a level of annual heating and 8
cooling energy consumption which is at least 50 9
percent below the annual level of heating and 10
cooling energy consumption of a comparable 11
dwelling unit— 12
‘‘(i) which is constructed in accord-13
ance with the standards of chapter 4 of the 14
2006 International Energy Conservation 15
Code, as such Code (including supple-16
ments) is in effect on January 1, 2006, 17
and 18
‘‘(ii) for which the heating and cooling 19
equipment efficiencies correspond to the 20
minimum allowed under the regulations es-21
tablished by the Department of Energy 22
pursuant to the National Appliance Energy 23
Conservation Act of 1987 and in effect at 24
the time of completion of construction, and 25
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‘‘(B) to have building envelope component 1
improvements account for at least
1
⁄5of such 2
50 percent, 3
‘‘(2) a manufactured home which conforms to 4
Federal Manufactured Home Construction and Safe-5
ty Standards (part 3280 of title 24, Code of Federal 6
Regulations) and which meets the requirements of 7
paragraph (1), or 8
‘‘(3) a manufactured home which conforms to 9
Federal Manufactured Home Construction and Safe-10
ty Standards (part 3280 of title 24, Code of Federal 11
Regulations) and which— 12
‘‘(A) meets the requirements of paragraph 13
(1) applied by substituting ‘30 percent’ for ‘50 14
percent’ both places it appears therein and by 15
substituting ‘
1
⁄3’ for ‘
1
⁄5’ in subparagraph (B) 16
thereof, or 17
‘‘(B) meets the requirements established 18
by the Administrator of the Environmental Pro-19
tection Agency under the Energy Star Labeled 20
Homes program.’’. 21
(d) P
REVAILINGWAGEREQUIREMENTREMOVED.— 22
Section 45L is amended by striking subsection (g) and 23
redesignating subsection (h) as subsection (g). 24
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(e) BASISADJUSTMENT.—Section 45L(e) is amended 1
by striking ‘‘This subsection shall not apply for purposes 2
of determining the adjusted basis of any building under 3
section 42’’. 4
(f) E
FFECTIVEDATES.—The amendments made by 5
this section shall apply to dwelling units acquired after 6
December 31, 2021. 7
SEC. 232. CLEAN VEHICLE CREDIT. 8
(a) P
ERVEHICLEDOLLARLIMITATION.—Section 9
30D(b) is amended by striking paragraphs (2) and (3) and 10
inserting the following: 11
‘‘(2) B
ASE AMOUNT.—The amount determined 12
under this paragraph is $2,500. 13
‘‘(3) B
ATTERY CAPACITY.—In the case of a ve-14
hicle which draws propulsion energy from a battery 15
with not less than 5 kilowatt hours of capacity, the 16
amount determined under this paragraph is $417, 17
plus $417 for each kilowatt hour of capacity in ex-18
cess of 5 kilowatt hours. The amount determined 19
under this paragraph shall not exceed $5,000.’’. 20
(b) F
INALASSEMBLY.—Section 30D(d) is amend-21
ed— 22
(1) in paragraph (1)— 23
(A) in subparagraph (E), by adding ‘‘and’’ 24
at the end, 25
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(B) in subparagraph (F)(ii), by striking 1
the comma at the end and inserting a period, 2
and 3
(C) by striking subparagraph (G), and 4
(2) by striking paragraph (5). 5
(c) D
EFINITION.— 6
(1) I
N GENERAL.—Section 30D(d), as amended 7
by subsection (b), is amended— 8
(A) in the heading, by striking ‘‘C
LEAN’’ 9
and inserting ‘‘Q
UALIFIEDPLUG-INELECTRIC 10
D
RIVEMOTOR’’, 11
(B) in paragraph (1)— 12
(i) in the matter preceding subpara-13
graph (A), by striking ‘‘clean’’ and insert-14
ing ‘‘qualified plug-in electric drive motor’’, 15
(ii) in subparagraph (C), by striking 16
‘‘qualified’’ before ‘‘manufacturer’’, 17
(iii) in subparagraph (F)(i), by strik-18
ing ‘‘7’’ and inserting ‘‘4’’, and 19
(iv) by striking subparagraph (H), 20
(C) in paragraph (3)— 21
(i) in the heading, by striking ‘‘
QUALI-22
FIED MANUFACTURER ’’ and inserting 23
‘‘M
ANUFACTURER’’, and 24
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(ii) by striking ‘‘The term ‘qualified 1
manufacturer’ means’’ and all that follows 2
through the period and inserting ‘‘The 3
term ‘manufacturer’ has the meaning given 4
such term in regulations prescribed by the 5
Administrator of the Environmental Pro-6
tection Agency for purposes of the admin-7
istration of title II of the Clean Air Act 8
(42 U.S.C. 7521 et seq.).’’, and 9
(D) by striking paragraph (6). 10
(2) C
ONFORMING AMENDMENTS .—Section 30D 11
is amended— 12
(A) in subsection (a), by striking ‘‘new 13
clean vehicle’’ and inserting ‘‘new qualified 14
plug-in electric drive motor vehicle’’, and 15
(B) in subsection (b)(1), by striking ‘‘new 16
clean vehicle’’ and inserting ‘‘new qualified 17
plug-in electric drive motor vehicle’’. 18
(d) C
RITICALMINERALREQUIREMENTS RE-19
MOVED.—Section 30D is amended by striking subsection 20
(e). 21
(e) L
IMITATION ONNUMBER OFVEHICLESELIGIBLE 22
FORCREDITRESTORED.— 23
(1) I
N GENERAL.—Section 30D is amended by 24
inserting after subsection (d) the following: 25
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‘‘(e) LIMITATION ONNUMBER OFNEWQUALIFIED 1
P
LUG-INELECTRICDRIVEMOTORVEHICLESELIGIBLE 2
FORCREDIT.— 3
‘‘(1) I
N GENERAL.—In the case of a new quali-4
fied plug-in electric drive motor vehicle sold during 5
the phaseout period, only the applicable percentage 6
of the credit otherwise allowable under subsection 7
(a) shall be allowed. 8
‘‘(2) P
HASEOUT PERIOD.—For purposes of this 9
subsection, the phaseout period is the period begin-10
ning with the second calendar quarter following the 11
calendar quarter which includes the first date on 12
which the number of new qualified plug-in electric 13
drive motor vehicles manufactured by the manufac-14
turer of the vehicle referred to in paragraph (1) sold 15
for use in the United States after December 31, 16
2009, is at least 200,000. 17
‘‘(3) A
PPLICABLE PERCENTAGE .—For purposes 18
of paragraph (1), the applicable percentage is— 19
‘‘(A) 50 percent for the first 2 calendar 20
quarters of the phaseout period, 21
‘‘(B) 25 percent for the 3rd and 4th cal-22
endar quarters of the phaseout period, and (C) 23
‘‘(C) 0 percent for each calendar quarter 24
thereafter. 25
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‘‘(4) CONTROLLED GROUPS .—Rules similar to 1
the rules of section 30B(f)(4) shall apply for pur-2
poses of this subsection.’’. 3
(2) E
XCLUDED ENTITIES.—Section 30D(d), as 4
amended by Public Law 117–169, is amended by 5
striking paragraph (7). 6
(f) S
PECIALRULESREPEALED.—Section 30D(f) is 7
amended by striking paragraphs (8), (9), (10), and (11). 8
(g) T
RANSFER OFCREDITREPEALED.— 9
(1) I
N GENERAL.—Section 30D is amended by 10
striking subsection (g). 11
(2) R
ESTORATION OF TEXT RELATING TO 12
PLUG-IN ELECTRIC VEHICLES .—Section 30D is 13
amended by inserting after subsection (f) the fol-14
lowing: 15
‘‘(g) C
REDITALLOWED FOR 2- AND3-WHEELED 16
P
LUG-INELECTRICVEHICLES.— 17
‘‘(1) I
N GENERAL.—In the case of a qualified 18
2- or 3-wheeled plug-in electric vehicle— 19
‘‘(A) there shall be allowed as a credit 20
against the tax imposed by this chapter for the 21
taxable year an amount equal to the sum of the 22
applicable amount with respect to each such 23
qualified 2- or 3-wheeled plug-in electric vehicle 24
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placed in service by the taxpayer during the 1
taxable year, and 2
‘‘(B) the amount of the credit allowed 3
under subparagraph (A) shall be treated as a 4
credit allowed under subsection (a). 5
‘‘(2) A
PPLICABLE AMOUNT .—For purposes of 6
paragraph (1), the applicable amount is an amount 7
equal to the lesser of— 8
‘‘(A) 10 percent of the cost of the qualified 9
2- or 3-wheeled plug-in electric vehicle, or 10
‘‘(B) $2,500. 11
‘‘(3) Q
UALIFIED 2- OR 3-WHEELED PLUG -IN 12
ELECTRIC VEHICLE.—The term ‘qualified 2- or 3- 13
wheeled plug-in electric vehicle’ means any vehicle 14
which— 15
‘‘(A) has 2 or 3 wheels, 16
‘‘(B) meets the requirements of subpara-17
graphs (A), (B), (C), (E), and (F) of subsection 18
(d)(1) (determined by substituting ‘2.5 kilowatt 19
hours’ for ‘4 kilowatt hours’ in subparagraph 20
(F)(i)), 21
‘‘(C) is manufactured primarily for use on 22
public streets, roads, and highways, 23
‘‘(D) is capable of achieving a speed of 45 24
miles per hour or greater, and 25
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‘‘(E) is acquired— 1
‘‘(i) after December 31, 2011, and be-2
fore January 1, 2014, or 3
‘‘(ii) in the case of a vehicle that has 4
2 wheels, after December 31, 2014, and 5
before January 1, 2022.’’. 6
(3) C
ONFORMING AMENDMENTS REVERSED .— 7
Section 30D(f), as amended by Public Law 117– 8
169, is amended— 9
(A) by inserting after paragraph (2) the 10
following: 11
‘‘(3) P
ROPERTYUSED BYTAX-EXEMPTENTITY.— 12
In the case of a vehicle the use of which is described in 13
paragraph (3) or (4) of section 50(b) and which is not 14
subject to a lease, the person who sold such vehicle to the 15
person or entity using such vehicle shall be treated as the 16
taxpayer that placed such vehicle in service, but only if 17
such person clearly discloses to such person or entity in 18
a document the amount of any credit allowable under sub-19
section (a) with respect to such vehicle (determined with-20
out regard to subsection (c)). For purposes of subsection 21
(c), property to which this paragraph applies shall be 22
treated as of a character subject to an allowance for depre-23
ciation.’’, and 24
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(B) in paragraph (8), by striking ‘‘, includ-1
ing any vehicle with respect to which the tax-2
payer elects the application of subsection (g)’’. 3
(h) T
ERMINATION REPEALED.—Section 30D is 4
amended by striking subsection (h). 5
(i) A
DDITIONALCONFORMINGAMENDMENTS.— 6
(1) The heading of section 30D is amended by 7
striking ‘‘
CLEAN VEHICLE CREDIT ’’ and inserting 8
‘‘
NEW QUALIFIED PLUG -IN ELECTRIC DRIVE 9
MOTOR VEHICLES ’’. 10
(2) Section 30B is amended— 11
(A) in subsection (h)(8) by inserting ‘‘, ex-12
cept that no benefit shall be recaptured if such 13
property ceases to be eligible for such credit by 14
reason of conversion to a qualified plug-in elec-15
tric drive motor vehicle’’, before the period at 16
the end, and 17
(B) by inserting after subsection (h) the 18
following subsection: 19
‘‘(i) P
LUG-INCONVERSIONCREDIT.— 20
‘‘(1) I
N GENERAL.—For purposes of subsection 21
(a), the plug-in conversion credit determined under 22
this subsection with respect to any motor vehicle 23
which is converted to a qualified plug-in electric 24
drive motor vehicle is 10 percent of so much of the 25
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cost of the converting such vehicle as does not ex-1
ceed $40,000. 2
‘‘(2) Q
UALIFIED PLUG-IN ELECTRIC DRIVE 3
MOTOR VEHICLE.—For purposes of this subsection, 4
the term ‘qualified plug-in electric drive motor vehi-5
cle’ means any new qualified plug-in electric drive 6
motor vehicle (as defined in section 30D, determined 7
without regard to whether such vehicle is made by 8
a manufacturer or whether the original use of such 9
vehicle commences with the taxpayer). 10
‘‘(3) C
REDIT ALLOWED IN ADDITION TO OTHER 11
CREDITS.—The credit allowed under this subsection 12
shall be allowed with respect to a motor vehicle not-13
withstanding whether a credit has been allowed with 14
respect to such motor vehicle under this section 15
(other than this subsection) in any preceding taxable 16
year. 17
‘‘(4) T
ERMINATION.—This subsection shall not 18
apply to conversions made after December 31, 19
2011.’’. 20
(3) Section 38(b)(30) is amended by striking 21
‘‘clean’’ and inserting ‘‘qualified plug-in electric 22
drive motor’’. 23
(4) Section 6213(g)(2) is amended by striking 24
subparagraph (T). 25
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(5) Section 6501(m) is amended by striking 1
‘‘30D(f)(6)’’ and inserting ‘‘30D(e)(4)’’. 2
(6) The table of sections for subpart B of part 3
IV of subchapter A of chapter 1 is amended by 4
striking the item relating to section 30D and insert-5
ing after the item relating to section 30C the fol-6
lowing item: 7
‘‘Sec. 30D. New qualified plug-in electric drive motor vehicles.’’.
(j) GROSS UPREPEALED.—Section 13401 of Public 8
Law 117–169 is amended by striking subsection (j). 9
(k) T
RANSITIONRULEREPEALED.—Section 13401 10
of Public Law 117–169 is amended by striking subsection 11
(l). 12
(l) E
FFECTIVEDATES.— 13
(1) I
N GENERAL.—Except as provided in para-14
graphs (2), (3), (4), and (5), the amendments made 15
by this section shall apply to vehicles placed in serv-16
ice after December 31, 2022. 17
(2) F
INAL ASSEMBLY.—The amendments made 18
by subsection (b) shall apply to vehicles sold after 19
August 16, 2022. 20
(3) M
ANUFACTURER LIMITATION .—The amend-21
ment made by subsections (d) and (e) shall apply to 22
vehicles sold after December 31, 2022. 23
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(4) TRANSFER OF CREDIT .—The amendments 1
made by subsection (g) shall apply to vehicles placed 2
in service after December 31, 2023. 3
(5) T
RANSITION RULE.—The amendment made 4
by subsection (k) shall take effect as if included in 5
Public Law 117–169. 6
SEC. 233. REPEAL OF CREDIT FOR PREVIOUSLY-OWNED 7
CLEAN VEHICLES. 8
(a) I
NGENERAL.—Subpart A of part IV of sub-9
chapter A of chapter 1 is amended by striking section 25E 10
(and by striking the item relating to such section in the 11
table of sections for such subpart). 12
(b) C
ONFORMINGAMENDMENT.—Section 6213(g)(2) 13
is amended by striking subparagraph (U). 14
(c) E
FFECTIVEDATE.—The amendments made by 15
this section shall apply to vehicles acquired after Decem-16
ber 31, 2022. 17
SEC. 234. REPEAL OF CREDIT FOR QUALIFIED COMMER-18
CIAL CLEAN VEHICLES. 19
(a) I
NGENERAL.—Subpart D of part IV of sub-20
chapter A of chapter 1 is amended by striking section 45W 21
(and by striking the item relating to such section in the 22
table of sections for such subpart). 23
(b) C
ONFORMINGAMENDMENTS.— 24
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(1) Section 38(b) is amended by striking para-1
graph (37). 2
(2) Section 6213(g)(2) is amended by striking 3
subparagraph (V). 4
(c) E
FFECTIVEDATE.—The amendments made by 5
this section shall apply to vehicles acquired after Decem-6
ber 31, 2022. 7
SEC. 235. ALTERNATIVE FUEL REFUELING PROPERTY 8
CREDIT. 9
(a) I
NGENERAL.—Section 30C(i) is amended by 10
striking ‘‘December 31, 2032’’ and inserting ‘‘December 11
31, 2021’’. 12
(b) P
ROPERTY OF ACHARACTERSUBJECT TODE-13
PRECIATION.— 14
(1) I
N GENERAL.—Section 30C(a) is amended 15
by striking ‘‘(6 percent in the case of property of a 16
character subject to depreciation)’’. 17
(2) M
ODIFICATION OF CREDIT LIMITATION .— 18
Subsection (b) of section 30C is amended— 19
(A) in the matter preceding paragraph 20
(1)— 21
(i) by striking ‘‘with respect to any 22
single item of’’ and inserting ‘‘with respect 23
to all’’, and 24
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(ii) by inserting ‘‘at a location’’ before 1
‘‘shall not exceed’’, and 2
(B) in paragraph (1), by striking 3
‘‘$100,000 in the case of any such item of prop-4
erty’’ and inserting ‘‘$30,000 in the case of a 5
property’’. 6
(3) B
IDIRECTIONAL CHARGING EQUIPMENT NOT 7
INCLUDED; ELIGIBLE CENSUS TRACT REQUIREMENT 8
REMOVED.—Section 30C(c) is amended to read as 9
follows: 10
‘‘(c) Q
UALIFIEDALTERNATIVEFUELVEHICLERE-11
FUELINGPROPERTY.—For purposes of this section, the 12
term ‘qualified alternative fuel vehicle refueling property’ 13
has the same meaning as the term ‘qualified clean-fuel ve-14
hicle refueling property’ would have under section 179A 15
if— 16
‘‘(1) paragraph (1) of section 179A(d) did not 17
apply to property installed on property which is used 18
as the principal residence (within the meaning of 19
section 121) of the taxpayer, and 20
‘‘(2) only the following were treated as clean- 21
burning fuels for purposes of section 179A(d): 22
‘‘(A) Any fuel at least 85 percent of the 23
volume of which consists of one or more of the 24
following: ethanol, natural gas, compressed nat-25
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ural gas, liquified natural gas, liquefied petro-1
leum gas, or hydrogen. 2
‘‘(B) Any mixture— 3
‘‘(i) which consists of two or more of 4
the following: biodiesel (as defined in sec-5
tion 40A(d)(1)), diesel fuel (as defined in 6
section 4083(a)(3)), or kerosene, and 7
‘‘(ii) at least 20 percent of the volume 8
of which consists of biodiesel (as so de-9
fined) determined without regard to any 10
kerosene in such mixture. 11
‘‘(C) Electricity.’’. 12
(c) C
ERTAINELECTRICCHARGINGSTATIONSNOT 13
I
NCLUDED ASQUALIFIEDALTERNATIVEFUELVEHICLE 14
R
EFUELINGPROPERTY; WAGE AND APPRENTICESHIP 15
R
EQUIREMENTSREMOVED.—Section 30C is amended by 16
striking subsections (f) and (g) and redesignating sub-17
sections (h) and (i) as subsections (f) and (g), respectively. 18
(d) E
FFECTIVEDATE.—The amendments made by 19
this section shall apply to property placed in service after 20
December 31, 2021. 21
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SEC. 236. ADVANCED ENERGY PROJECT CREDIT EXTEN-1
SION REVERSED. 2
(a) I
NGENERAL.—Section 48C is amended by strik-3
ing subsection (e) and redesignating subsection (f) as sub-4
section (e). 5
(b) M
ODIFICATION OFQUALIFYINGADVANCEDEN-6
ERGYPROJECTS.—Section 48C(c)(1)(A) is amended— 7
(1) by striking ‘‘, any portion of the qualified 8
investment of which is certified by the Secretary 9
under subsection (e) as eligible for a credit under 10
this section’’, 11
(2) in clause (i)— 12
(A) by striking ‘‘an industrial or manufac-13
turing facility for the production or recycling 14
of’’ and inserting ‘‘a manufacturing facility for 15
the production of’’, 16
(B) in subclause (I), by striking ‘‘water,’’, 17
(C) in subclause (II), by striking ‘‘energy 18
storage systems and components’’ and inserting 19
‘‘an energy storage system for use with electric 20
or hybrid-electric motor vehicles’’, 21
(D) in subclause (III), by striking ‘‘grid 22
modernization equipment or components’’ and 23
inserting ‘‘grids to support the transmission of 24
intermittent sources of renewable energy, in-25
cluding storage of such energy’’, 26
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(E) in subclause (IV), by striking ‘‘, re-1
move, use, or sequester carbon oxide emissions’’ 2
and inserting ‘‘and sequester carbon dioxide 3
emissions’’, 4
(F) by striking subclause (V) and inserting 5
the following: 6
‘‘(V) property designed to refine 7
or blend renewable fuels or to produce 8
energy conservation technologies (in-9
cluding energy-conserving lighting 10
technologies and smart grid tech-11
nologies),’’, 12
(G) by striking subclauses (VI), (VII), and 13
(VIII), 14
(H) by inserting after subclause (V) the 15
following: 16
‘‘(VI) new qualified plug-in elec-17
tric drive motor vehicles (as defined 18
by section 30D) or components which 19
are designed specifically for use with 20
such vehicles, including electric mo-21
tors, generators, and power control 22
units, or’’, and 23
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(I) by redesignating subclause (IX) as sub-1
clause (VII), and inserting ‘‘, and’’ at the end 2
of such subclause, and 3
(3) by striking clauses (ii) and (iii) and insert-4
ing the following: 5
‘‘(ii) any portion of the qualified in-6
vestment of which is certified by the Sec-7
retary under subsection (d) as eligible for 8
a credit under this section.’’. 9
(c) C
ONFORMINGAMENDMENT.—Subparagraph (A) 10
of section 48C(c)(2) is amended to read as follows: 11
‘‘(A) which is necessary for the production 12
of property described in paragraph (1)(A)(i),’’. 13
(d) D
ENIAL OFDOUBLEBENEFIT.—Section 48C(e), 14
as redesignated by this section, is amended by striking 15
‘‘48B, 48E, 45Q, or 45V’’ and inserting ‘‘or 48B’’. 16
(e) E
FFECTIVEDATE.—The amendments made by 17
this section shall take effect on January 1, 2023. 18
SEC. 237. REPEAL OF ADVANCED MANUFACTURING PRO-19
DUCTION CREDIT. 20
(a) I
NGENERAL.—Subpart D of part IV of sub-21
chapter A of chapter 1 is amended by striking section 45X 22
(and by striking the item relating to such section in the 23
table of sections for such subpart). 24
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(b) CONFORMINGAMENDMENT.—Section 38(b) is 1
amended by striking paragraph (38). 2
(c) E
FFECTIVEDATE.—The amendments made by 3
this section shall apply to components produced and sold 4
after December 31, 2022. 5
SEC. 238. REPEAL OF CLEAN ELECTRICITY PRODUCTION 6
CREDIT. 7
(a) I
NGENERAL.—Subpart D of part IV of sub-8
chapter A of chapter 1 is amended by striking section 45Y 9
(and by striking the item relating to such section in the 10
table of sections for such subpart). 11
(b) C
ONFORMINGAMENDMENT.—Section 38(b) is 12
amended by striking paragraph (39). 13
(c) E
FFECTIVEDATE.—The amendments made by 14
this section shall apply to facilities placed in service after 15
December 31, 2024. 16
SEC. 239. REPEAL OF CLEAN ELECTRICITY INVESTMENT 17
CREDIT. 18
(a) I
NGENERAL.—Subpart E of part IV of sub-19
chapter A of chapter 1 is amended by striking section 48E 20
(and by striking the item relating to such section in the 21
table of sections for such subpart). 22
(b) C
ONFORMINGAMENDMENTS.— 23
(1) Section 46, as amended by Public Law 24
117–169, is amended— 25
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(A) in paragraph (5), by adding ‘‘and’’ at 1
the end, 2
(B) in paragraph (6), by striking ‘‘, and’’ 3
and inserting a period, and 4
(C) by striking paragraph (7). 5
(2) Section 49(a)(1)(C), as amended by Public 6
Law 117–169, is amended— 7
(A) by adding ‘‘and’’ at the end of clause 8
(v), 9
(B) by striking the comma at the end of 10
clause (vi) and inserting a period, and 11
(C) by striking clauses (vii) and (viii). 12
(3) Section 50(a)(2)(E), as amended by Public 13
Law 117–169, is amended by striking ‘‘48D(b)(5), 14
or 48E(e)’’ and inserting ‘‘or 48D(b)(5)’’. 15
(4) Section 50(c)(3), as amended by Public 16
Law 117–169, is amended by striking ‘‘or clean elec-17
tricity investment credit’’. 18
(c) E
FFECTIVEDATE.—The amendments made by 19
this section shall apply to facilities and property placed 20
in service after December 31, 2024. 21
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SEC. 240. COST RECOVERY FOR QUALIFIED FACILITIES, 1
QUALIFIED PROPERTY, AND ENERGY STOR-2
AGE TECHNOLOGY REMOVED. 3
(a) I
NGENERAL.—Section 168(e)(3)(B), as amended 4
by Public Law 117–169, is amended— 5
(1) in clause (vi)(III), by adding ‘‘and’’ at the 6
end, 7
(2) in clause (vii), by striking ‘‘, and,’’ at the 8
end and inserting a period, and 9
(3) by striking clause (viii). 10
(b) E
FFECTIVEDATE.—The amendments made by 11
this section shall apply to facilities and property placed 12
in service after December 31, 2024. 13
SEC. 241. REPEAL OF CLEAN FUEL PRODUCTION CREDIT. 14
(a) I
NGENERAL.—Subpart D of part IV of sub-15
chapter A of chapter 1 is amended by striking section 45Z 16
(and by striking the item relating to such section in the 17
table of sections for such subpart). 18
(b) C
ONFORMINGAMENDMENTS.— 19
(1) Section 30C(c)(1)(B), as amended by Public 20
Law 117–169, is amended by striking clause (iv). 21
(2) Section 38(b), as amended by Public Law 22
117–169, is amended by striking paragraph (40). 23
(3) Section 4101(a)(1), as amended by Public 24
Law 117–169, is amended by striking ‘‘every person 25
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producing a fuel eligible for the clean fuel production 1
credit (pursuant to section 45Z),’’. 2
(c) E
FFECTIVEDATE.—The amendments made by 3
this section shall apply to transportation fuel produced 4
after December 31, 2024. 5
SEC. 242. REPEAL OF SECTIONS RELATING TO ELECTIVE 6
PAYMENT FOR ENERGY PROPERTY AND 7
ELECTRICITY PRODUCED FROM CERTAIN RE-8
NEWABLE RESOURCES; TRANSFER OF CRED-9
ITS. 10
(a) I
NGENERAL.—Subchapter B of chapter 65 is 11
amended by striking sections 6417 and 6418 (and by 12
striking the items relating to such sections in the table 13
of sections for such subchapter). 14
(b) C
ONFORMINGAMENDMENTS.— 15
(1) Section 50(d) is amended by striking ‘‘In 16
the case of a real estate investment trust making an 17
election under section 6418, paragraphs (1)(B) and 18
(2)(B) of the section 46(e) referred to in paragraph 19
(1) of this subsection shall not apply to any invest-20
ment credit property of such real estate investment 21
trust to which such election applies’’. 22
(2) Section 39(a) is amended by striking para-23
graph (4). 24
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(3) Section 13801 of Public Law 117–169 is 1
amended by striking subsection (f). 2
(c) E
FFECTIVEDATE.—The amendments made by 3
this section shall apply to taxable years beginning after 4
December 31, 2022. 5
SEC. 243. TRANSITION RULE. 6
In the case of a taxpayer who entered into a binding 7
written contract or made other concrete investment action 8
after August 26, 2022, and before April 19, 2023, to en-9
gage in an activity for which a credit would otherwise be 10
available if not for the application of sections 229 and 244 11
of this Act, such sections shall not apply. 12
TITLE IV—FAMILY AND SMALL 13
BUSINESS TAXPAYER PRO-14
TECTION 15
SEC. 251. RESCISSION OF CERTAIN BALANCES MADE AVAIL-16
ABLE TO THE INTERNAL REVENUE SERVICE. 17
The unobligated balances of amounts appropriated or 18
otherwise made available for activities of the Internal Rev-19
enue Service by paragraphs (1)(A)(ii), (1)(A)(iii), (1)(B), 20
(2), (3), (4), and (5) of section 10301 of Public Law 117– 21
169 (commonly known as the ‘‘Inflation Reduction Act of 22
2022’’) as of the date of the enactment of this Act are 23
rescinded. 24
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DIVISION C—GROW THE 1
ECONOMY 2
TITLE I—TEMPORARY ASSIST-3
ANCE TO NEEDY FAMILIES 4
SEC. 301. RECALIBRATION OF THE CASELOAD REDUCTION 5
CREDIT. 6
Section 407(b)(3) of the Social Security Act (42 7
U.S.C. 607(b)(3)) is amended in each of subparagraphs 8
(A)(ii) and (B), by striking ‘‘2005’’ and inserting ‘‘2022’’. 9
SEC. 302. ELIMINATING EXCESS MAINTENANCE OF EFFORT 10
SPENDING IN DETERMINING CASELOAD RE-11
DUCTION CREDIT. 12
Section 407(b)(3) of the Social Security Act (42 13
U.S.C. 607(b)(3)) is amended by adding at the end the 14
following: 15
‘‘(C) E
XCLUSION OF CERTAIN CASES .— 16
The Secretary shall determine the minimum 17
participation rate of a State for a fiscal year 18
under this subsection without regard to cases 19
that are funded by an amount expended in ex-20
cess of the applicable percentage of the historic 21
expenditures (as defined in section 22
409(a)(7)(B)(ii)) of the State for the fiscal 23
year.’’. 24
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SEC. 303. ELIMINATION OF SMALL CHECKS SCHEME. 1
Section 407(b) of the Social Security Act (42 U.S.C. 2
607(b)) is amended by adding at the end the following: 3
‘‘(6) S
PECIAL RULE REGARDING CALCULATION 4
OF THE MINIMUM PARTICIPATION RATE .—The Sec-5
retary shall determine participation rates under this 6
section without regard to any individual engaged in 7
work who is described in section 408(a)(2), who is 8
not in compliance with section 408(a)(3), or with re-9
spect to whom the assessment required by section 10
408(b)(1) has not been made.’’. 11
SEC. 304. REPORTING OF WORK OUTCOMES. 12
Section 411 of the Social Security Act (42 U.S.C. 13
611) is amended by adding at the end the following: 14
‘‘(e) R
EPORTINGPERFORMANCEINDICATORS.— 15
‘‘(1) I
N GENERAL.—Each Sate, in consultation 16
with the Secretary, shall collect and submit to the 17
Secretary the information necessary for each indi-18
cator described in paragraph (2), for fiscal year 19
2025 and each fiscal year thereafter. 20
‘‘(2) I
NDICATORS OF PERFORMANCE .—The in-21
dicators described in this paragraph for a fiscal year 22
are the following: 23
‘‘(A) The percentage of individuals who 24
were work-eligible individuals as of the time of 25
exit from the program, who are in unsubsidized 26
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employment during the second quarter after the 1
exit. 2
‘‘(B) The percentage of individuals who 3
were work-eligible individuals who were in un-4
subsidized employment in the second quarter 5
after the exit, who are also in unsubsidized em-6
ployment during the fourth quarter after the 7
exit. 8
‘‘(C) The median earnings of individuals 9
who were work-eligible individuals as of the 10
time of exit from the program, who are in un-11
subsidized employment during the second quar-12
ter after the exit. 13
‘‘(D) The percentage of individuals who 14
have not attained 24 years of age, are attending 15
high school or enrolled in an equivalency pro-16
gram, and are work-eligible individuals or were 17
work-eligible individuals as of the time of exit 18
from the program, who obtain a high school de-19
gree or its recognized equivalent while receiving 20
assistance under the State program funded 21
under this part or within 1 year after the exit. 22
‘‘(3) D
EFINITION OF EXIT.—In paragraph (2), 23
the term ‘exit’ means, with respect to a State pro-24
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gram funded under this part, ceases to receive as-1
sistance under the program funded by this part. 2
‘‘(4) R
EGULATIONS.—In order to ensure na-3
tionwide comparability of data, the Secretary, after 4
consultation with the Secretary of Labor and with 5
States, shall issue regulations governing the report-6
ing of performance indicators under this sub-7
section.’’. 8
SEC. 305. EFFECTIVE DATE. 9
The amendments made by this title shall take effect 10
on October 1, 2024. 11
TITLE II—SNAP EXEMPTIONS 12
SEC. 311. AGE-RELATED EXEMPTION FROM WORK RE-13
QUIREMENT TO RECEIVE SNAP. 14
Section 6(o)(3)(A) of the Food and Nutrition Act of 15
2008 (7 U.S.C. 2015(6)(o)(3)(A)) is amended by striking 16
‘‘50’’ and inserting ‘‘56’’. 17
SEC. 312. RULE OF CONSTRUCTION FOR EXEMPTION AD-18
JUSTMENT. 19
Section 6(o)(6) of the Food and Nutrition Act of 20
2008 (7 U.S.C. 2015(6)(o)(6)) is amended by adding at 21
end the following: 22
‘‘(I) R
ULE OF CONSTRUCTION FOR EXEMP -23
TION ADJUSTMENT .—During fiscal year 2024 24
and each subsequent fiscal year, nothing in this 25
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paragraph shall be interpreted to allow a State 1
agency to accumulate unused exemptions to be 2
provided beyond the subsequent fiscal year.’’. 3
SEC. 313. SUPPLEMENTAL NUTRITION ASSISTANCE PRO-4
GRAM UNDER THE FOOD AND NUTRITION 5
ACT OF 2008. 6
Section 2 of the Food and Nutrition Act of 2008 (7 7
U.S.C. 2011) is amended by adding at end the following: 8
‘‘That program includes as a purpose to assist low-income 9
adults in obtaining employment and increasing their earn-10
ings. Such employment and earnings, along with program 11
benefits, will permit low-income households to obtain a 12
more nutritious diet through normal channels of trade by 13
increasing food purchasing power for all eligible house-14
holds who apply for participation.’’. 15
TITLE III—COMMUNITY ENGAGE-16
MENT REQUIREMENT FOR AP-17
PLICABLE INDIVIDUALS 18
SEC. 321. COMMUNITY ENGAGEMENT REQUIREMENT FOR 19
APPLICABLE INDIVIDUALS. 20
(a) I
NGENERAL.—Section 1903(i) of the Social Se-21
curity Act (42 U.S.C. 1396b(i)) is amended— 22
(1) in paragraph (26), by striking ‘‘; or’’ and 23
inserting a semicolon; 24
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(2) in paragraph (27), by striking the period at 1
the end and inserting ‘‘; or’’; 2
(3) by inserting after paragraph (27) the fol-3
lowing new paragraph: 4
‘‘(28) with respect to any amount expended for 5
medical assistance for an applicable individual for a 6
month in a calendar year if such individual did not 7
meet the community engagement requirement under 8
section 1905(jj) for 3 or more preceding months 9
during such calendar year while such individual was 10
an applicable individual and was enrolled in a State 11
plan (or waiver of such plan) under this title.’’; and 12
(4) in the flush left matter at the end, by strik-13
ing ‘‘and (18),’’ and inserting ‘‘(18), and (28)’’. 14
(b) C
OMMUNITY ENGAGEMENT REQUIREMENT.— 15
Section 1905 of the Social Security Act (42 U.S.C. 1396d) 16
is amended by adding at the end the following new sub-17
section: 18
‘‘(jj) C
OMMUNITYENGAGEMENTREQUIREMENT FOR 19
A
PPLICABLEINDIVIDUALS.— 20
‘‘(1) C
OMMUNITY ENGAGEMENT REQUIREMENT 21
DESCRIBED.—For purposes of section 1903(i)(28), 22
the community engagement requirement described in 23
this subsection with respect to an applicable indi-24
vidual and a month is that such individual satisfies 25
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at least one of the following with respect to such 1
month: 2
‘‘(A) The individual works 80 hours or 3
more per month, or has a monthly income that 4
is at least equal to the Federal minimum wage 5
under section 6 of the Fair Labor Standards 6
Act of 1938, multiplied by 80 hours. 7
‘‘(B) The individual completes 80 hours or 8
more of community service per month. 9
‘‘(C) The individual participates in a work 10
program for at least 80 hours per month. 11
‘‘(D) The individual participates in a com-12
bination of work, including community service, 13
and a work program for a total of at least 80 14
hours per month. 15
‘‘(2) V
ERIFICATION.—For purposes of verifying 16
the compliance of an applicable individual with the 17
community engagement requirement under para-18
graph (1), a State Medicaid agency shall, whenever 19
possible, prioritize the utilization of existing data-20
bases or other verification measures, including the 21
National Change of Address Database Maintained 22
by the United States Postal Service, State health 23
and human services agencies, payroll databases, or 24
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other reliable sources of information, prior to seek-1
ing additional verification from such individual. 2
‘‘(3) D
EFINITIONS.—In this subsection: 3
‘‘(A) A
PPLICABLE INDIVIDUAL.—The term 4
‘applicable individual’ means any individual who 5
is not— 6
‘‘(i) under 19 years of age or age 56 7
or older; 8
‘‘(ii) physically or mentally unfit for 9
employment, as determined by a physician 10
or other medical professional; 11
‘‘(iii) pregnant; 12
‘‘(iv) the parent or caretaker of a de-13
pendent child; 14
‘‘(v) the parent or caretaker of an in-15
capacitated person; 16
‘‘(vi) complying with work require-17
ments under a different program under 18
Federal law; 19
‘‘(vii) participating in a drug or alco-20
hol treatment and rehabilitation program 21
(as defined in section 3(h) of the Food and 22
Nutrition Act of 2008); or 23
‘‘(viii) enrolled in an educational pro-24
gram at least half time. 25
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‘‘(B) EDUCATIONAL PROGRAM .—The term 1
‘educational program’ means— 2
‘‘(i) an institution of higher education 3
(as defined in section 101(a) of the Higher 4
Education Act of 1965); 5
‘‘(ii) a program of career and tech-6
nical education (as defined in section 3 of 7
the Carl D. Perkins Career and Technical 8
Education Act of 2006); or 9
‘‘(iii) any other educational program 10
approved by the Secretary. 11
‘‘(C) S
TATE MEDICAID AGENCY .—The 12
term ‘State Medicaid agency’ means the State 13
agency responsible for administering the State 14
Medicaid plan. 15
‘‘(D) W
ORK PROGRAM.—The term ‘work 16
program’ has the meaning given such term in 17
section 6(o)(1) of the Food and Nutrition Act 18
of 2008.’’. 19
(c) S
TATEOPTIONTODISENROLLCERTAININDI-20
VIDUALS.—Section 1902(a) of the Social Security Act (42 21
U.S.C. 1396a(a)) is amended by adding at the end of the 22
flush left text following paragraph (87) the following: 23
‘‘Notwithstanding any of the preceding provisions of this 24
subsection, at the option of a State, such State may elect 25
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to disenroll an applicable individual for a month if, with 1
respect to medical assistance furnished to such individual 2
for such month, no Federal financial participation would 3
be available, pursuant to section 1903(i)(28).’’. 4
TITLE IV—REGULATIONS FROM 5
THE EXECUTIVE IN NEED OF 6
SCRUTINY 7
SEC. 331. SHORT TITLE. 8
This title may be cited as the ‘‘Regulations from the 9
Executive in Need of Scrutiny Act of 2023’’. 10
SEC. 332. PURPOSE. 11
The purpose of this title is to increase accountability 12
for and transparency in the Federal regulatory process. 13
Section 1 of article I of the United States Constitution 14
grants all legislative powers to Congress. Over time, Con-15
gress has excessively delegated its constitutional charge 16
while failing to conduct appropriate oversight and retain 17
accountability for the content of the laws it passes. By 18
requiring a vote in Congress, the REINS Act will result 19
in more carefully drafted and detailed legislation, an im-20
proved regulatory process, and a legislative branch that 21
is truly accountable to the American people for the laws 22
imposed upon them. 23
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SEC. 333. CONGRESSIONAL REVIEW OF AGENCY RULE-1
MAKING. 2
Chapter 8 of title 5, United States Code, is amended 3
to read as follows: 4
‘‘CHAPTER 8—CONGRESSIONAL REVIEW 5
OF AGENCY RULEMAKING 6
‘‘Sec.
‘‘801. Congressional review.
‘‘802. Congressional approval procedure for major rules.
‘‘803. Congressional disapproval procedure for nonmajor rules.
‘‘804. Definitions.
‘‘805. Judicial review.
‘‘806. Exemption for monetary policy.
‘‘807. Effective date of certain rules.
‘‘§ 801. Congressional review 7
‘‘(a)(1)(A) Before a rule may take effect, the Federal 8
agency promulgating such rule shall publish in the Federal 9
Register a list of information on which the rule is based, 10
including data, scientific and economic studies, and cost- 11
benefit analyses, and identify how the public can access 12
such information online, and shall submit to each House 13
of the Congress and to the Comptroller General a report 14
containing— 15
‘‘(i) a copy of the rule; 16
‘‘(ii) a concise general statement relating to the 17
rule; 18
‘‘(iii) a classification of the rule as a major or 19
nonmajor rule, including an explanation of the clas-20
sification specifically addressing each criteria for a 21
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major rule contained within subparagraphs (A) 1
through (C) of section 804(2); 2
‘‘(iv) a list of any other related regulatory ac-3
tions intended to implement the same statutory pro-4
vision or regulatory objective as well as the indi-5
vidual and aggregate economic effects of those ac-6
tions; and 7
‘‘(v) the proposed effective date of the rule. 8
‘‘(B) On the date of the submission of the report 9
under subparagraph (A), the Federal agency promulgating 10
the rule shall submit to the Comptroller General and make 11
available to each House of Congress— 12
‘‘(i) a complete copy of the cost-benefit analysis 13
of the rule, if any, including an analysis of any jobs 14
added or lost, differentiating between public and pri-15
vate sector jobs; 16
‘‘(ii) the agency’s actions pursuant to sections 17
603, 604, 605, 607, and 609 of this title; 18
‘‘(iii) the agency’s actions pursuant to sections 19
202, 203, 204, and 205 of the Unfunded Mandates 20
Reform Act of 1995; and 21
‘‘(iv) any other relevant information or require-22
ments under any other Act and any relevant Execu-23
tive orders. 24
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‘‘(C) Upon receipt of a report submitted under sub-1
paragraph (A), each House shall provide copies of the re-2
port to the chairman and ranking member of each stand-3
ing committee with jurisdiction under the rules of the 4
House of Representatives or the Senate to report a bill 5
to amend the provision of law under which the rule is 6
issued. 7
‘‘(2)(A) The Comptroller General shall provide a re-8
port on each major rule to the committees of jurisdiction 9
by the end of 15 calendar days after the submission or 10
publication date. The report of the Comptroller General 11
shall include an assessment of the agency’s compliance 12
with procedural steps required by paragraph (1)(B) and 13
an assessment of whether the major rule imposes any new 14
limits or mandates on private-sector activity. 15
‘‘(B) Federal agencies shall cooperate with the Comp-16
troller General by providing information relevant to the 17
Comptroller General’s report under subparagraph (A). 18
‘‘(3) A major rule relating to a report submitted 19
under paragraph (1) shall take effect upon enactment of 20
a joint resolution of approval described in section 802 or 21
as provided for in the rule following enactment of a joint 22
resolution of approval described in section 802, whichever 23
is later. 24
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‘‘(4) A nonmajor rule shall take effect as provided 1
by section 803 after submission to Congress under para-2
graph (1). 3
‘‘(5) If a joint resolution of approval relating to a 4
major rule is not enacted within the period provided in 5
subsection (b)(2), then a joint resolution of approval relat-6
ing to the same rule may not be considered under this 7
chapter in the same Congress by either the House of Rep-8
resentatives or the Senate. 9
‘‘(b)(1) A major rule shall not take effect unless the 10
Congress enacts a joint resolution of approval described 11
under section 802. 12
‘‘(2) If a joint resolution described in subsection (a) 13
is not enacted into law by the end of 70 session days or 14
legislative days, as applicable, beginning on the date on 15
which the report referred to in subsection (a)(1)(A) is re-16
ceived by Congress (excluding days either House of Con-17
gress is adjourned for more than 3 days during a session 18
of Congress), then the rule described in that resolution 19
shall be deemed not to be approved and such rule shall 20
not take effect. 21
‘‘(c)(1) Notwithstanding any other provision of this 22
section (except subject to paragraph (3)), a major rule 23
may take effect for one 90-calendar-day period if the 24
President makes a determination under paragraph (2) and 25
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submits written notice of such determination to the Con-1
gress. 2
‘‘(2) Paragraph (1) applies to a determination made 3
by the President by Executive order that the major rule 4
should take effect because such rule is— 5
‘‘(A) necessary because of an imminent threat 6
to health or safety or other emergency; 7
‘‘(B) necessary for the enforcement of criminal 8
laws; 9
‘‘(C) necessary for national security; or 10
‘‘(D) issued pursuant to any statute imple-11
menting an international trade agreement. 12
‘‘(3) An exercise by the President of the authority 13
under this subsection shall have no effect on the proce-14
dures under section 802. 15
‘‘(d)(1) In addition to the opportunity for review oth-16
erwise provided under this chapter, in the case of any rule 17
for which a report was submitted in accordance with sub-18
section (a)(1)(A) during the period beginning on the date 19
occurring— 20
‘‘(A) in the case of the Senate, 60 session days; 21
or 22
‘‘(B) in the case of the House of Representa-23
tives, 60 legislative days, 24
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before the date the Congress is scheduled to adjourn a 1
session of Congress through the date on which the same 2
or succeeding Congress first convenes its next session, sec-3
tions 802 and 803 shall apply to such rule in the suc-4
ceeding session of Congress. 5
‘‘(2)(A) In applying sections 802 and 803 for pur-6
poses of such additional review, a rule described under 7
paragraph (1) shall be treated as though— 8
‘‘(i) such rule were published in the Federal 9
Register on— 10
‘‘(I) in the case of the Senate, the 15th 11
session day; or 12
‘‘(II) in the case of the House of Rep-13
resentatives, the 15th legislative day, 14
after the succeeding session of Congress first con-15
venes; and 16
‘‘(ii) a report on such rule were submitted to 17
Congress under subsection (a)(1) on such date. 18
‘‘(B) Nothing in this paragraph shall be construed 19
to affect the requirement under subsection (a)(1) that a 20
report shall be submitted to Congress before a rule can 21
take effect. 22
‘‘(3) A rule described under paragraph (1) shall take 23
effect as otherwise provided by law (including other sub-24
sections of this section). 25
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‘‘§ 802. Congressional approval procedure for major 1
rules 2
‘‘(a)(1) For purposes of this section, the term ‘joint 3
resolution’ means only a joint resolution addressing a re-4
port classifying a rule as major pursuant to section 5
801(a)(1)(A)(iii) that— 6
‘‘(A) bears no preamble; 7
‘‘(B) bears the following title (with blanks filled 8
as appropriate): ‘Approving the rule submitted by 9
lll relating to lll.’; 10
‘‘(C) includes after its resolving clause only the 11
following (with blanks filled as appropriate): ‘That 12
Congress approves the rule submitted by lll re-13
lating to lll.’; and 14
‘‘(D) is introduced pursuant to paragraph (2). 15
‘‘(2) After a House of Congress receives a report 16
classifying a rule as major pursuant to section 17
801(a)(1)(A)(iii), the majority leader of that House (or 18
his or her respective designee) shall introduce (by request, 19
if appropriate) a joint resolution described in paragraph 20
(1)— 21
‘‘(A) in the case of the House of Representa-22
tives, within 3 legislative days; and 23
‘‘(B) in the case of the Senate, within 3 session 24
days. 25
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‘‘(3) A joint resolution described in paragraph (1) 1
shall not be subject to amendment at any stage of pro-2
ceeding. 3
‘‘(b) A joint resolution described in subsection (a) 4
shall be referred in each House of Congress to the commit-5
tees having jurisdiction over the provision of law under 6
which the rule is issued. 7
‘‘(c) In the Senate, if the committee or committees 8
to which a joint resolution described in subsection (a) has 9
been referred have not reported it at the end of 15 session 10
days after its introduction, such committee or committees 11
shall be automatically discharged from further consider-12
ation of the resolution and it shall be placed on the cal-13
endar. A vote on final passage of the resolution shall be 14
taken on or before the close of the 15th session day after 15
the resolution is reported by the committee or committees 16
to which it was referred, or after such committee or com-17
mittees have been discharged from further consideration 18
of the resolution. 19
‘‘(d)(1) In the Senate, when the committee or com-20
mittees to which a joint resolution is referred have re-21
ported, or when a committee or committees are discharged 22
(under subsection (c)) from further consideration of a 23
joint resolution described in subsection (a), it is at any 24
time thereafter in order (even though a previous motion 25
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to the same effect has been disagreed to) for a motion 1
to proceed to the consideration of the joint resolution, and 2
all points of order against the joint resolution (and against 3
consideration of the joint resolution) are waived. The mo-4
tion is not subject to amendment, or to a motion to post-5
pone, or to a motion to proceed to the consideration of 6
other business. A motion to reconsider the vote by which 7
the motion is agreed to or disagreed to shall not be in 8
order. If a motion to proceed to the consideration of the 9
joint resolution is agreed to, the joint resolution shall re-10
main the unfinished business of the Senate until disposed 11
of. 12
‘‘(2) In the Senate, debate on the joint resolution, 13
and on all debatable motions and appeals in connection 14
therewith, shall be limited to not more than 2 hours, which 15
shall be divided equally between those favoring and those 16
opposing the joint resolution. A motion to further limit 17
debate is in order and not debatable. An amendment to, 18
or a motion to postpone, or a motion to proceed to the 19
consideration of other business, or a motion to recommit 20
the joint resolution is not in order. 21
‘‘(3) In the Senate, immediately following the conclu-22
sion of the debate on a joint resolution described in sub-23
section (a), and a single quorum call at the conclusion of 24
the debate if requested in accordance with the rules of the 25
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Senate, the vote on final passage of the joint resolution 1
shall occur. 2
‘‘(4) Appeals from the decisions of the Chair relating 3
to the application of the rules of the Senate to the proce-4
dure relating to a joint resolution described in subsection 5
(a) shall be decided without debate. 6
‘‘(e) In the House of Representatives, if any com-7
mittee to which a joint resolution described in subsection 8
(a) has been referred has not reported it to the House 9
at the end of 15 legislative days after its introduction, 10
such committee shall be discharged from further consider-11
ation of the joint resolution, and it shall be placed on the 12
appropriate calendar. On the second and fourth Thursdays 13
of each month it shall be in order at any time for the 14
Speaker to recognize a Member who favors passage of a 15
joint resolution that has appeared on the calendar for at 16
least 5 legislative days to call up that joint resolution for 17
immediate consideration in the House without intervention 18
of any point of order. When so called up a joint resolution 19
shall be considered as read and shall be debatable for 1 20
hour equally divided and controlled by the proponent and 21
an opponent, and the previous question shall be considered 22
as ordered to its passage without intervening motion. It 23
shall not be in order to reconsider the vote on passage. 24
If a vote on final passage of the joint resolution has not 25
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been taken by the third Thursday on which the Speaker 1
may recognize a Member under this subsection, such vote 2
shall be taken on that day. 3
‘‘(f)(1) If, before passing a joint resolution described 4
in subsection (a), one House receives from the other a 5
joint resolution having the same text, then— 6
‘‘(A) the joint resolution of the other House 7
shall not be referred to a committee; and 8
‘‘(B) the procedure in the receiving House shall 9
be the same as if no joint resolution had been re-10
ceived from the other House until the vote on pas-11
sage, when the joint resolution received from the 12
other House shall supplant the joint resolution of 13
the receiving House. 14
‘‘(2) This subsection shall not apply to the House of 15
Representatives if the joint resolution received from the 16
Senate is a revenue measure. 17
‘‘(g) If either House has not taken a vote on final 18
passage of the joint resolution by the last day of the period 19
described in section 801(b)(2), then such vote shall be 20
taken on that day. 21
‘‘(h) This section and section 803 are enacted by 22
Congress— 23
‘‘(1) as an exercise of the rulemaking power of 24
the Senate and House of Representatives, respec-25
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tively, and as such are deemed to be part of the 1
rules of each House, respectively, but applicable only 2
with respect to the procedure to be followed in that 3
House in the case of a joint resolution described in 4
subsection (a) and superseding other rules only 5
where explicitly so; and 6
‘‘(2) with full recognition of the constitutional 7
right of either House to change the rules (so far as 8
they relate to the procedure of that House) at any 9
time, in the same manner and to the same extent as 10
in the case of any other rule of that House. 11
‘‘§ 803. Congressional disapproval procedure for 12
nonmajor rules 13
‘‘(a) For purposes of this section, the term ‘joint res-14
olution’ means only a joint resolution introduced in the 15
period beginning on the date on which the report referred 16
to in section 801(a)(1)(A) is received by Congress and 17
ending 60 days thereafter (excluding days either House 18
of Congress is adjourned for more than 3 days during a 19
session of Congress), the matter after the resolving clause 20
of which is as follows: ‘That Congress disapproves the 21
nonmajor rule submitted by the lll relating to 22
lll, and such rule shall have no force or effect.’ (The 23
blank spaces being appropriately filled in). 24
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‘‘(b) A joint resolution described in subsection (a) 1
shall be referred to the committees in each House of Con-2
gress with jurisdiction. 3
‘‘(c) In the Senate, if the committee to which is re-4
ferred a joint resolution described in subsection (a) has 5
not reported such joint resolution (or an identical joint 6
resolution) at the end of 15 session days after the date 7
of introduction of the joint resolution, such committee may 8
be discharged from further consideration of such joint res-9
olution upon a petition supported in writing by 30 Mem-10
bers of the Senate, and such joint resolution shall be 11
placed on the calendar. 12
‘‘(d)(1) In the Senate, when the committee to which 13
a joint resolution is referred has reported, or when a com-14
mittee is discharged (under subsection (c)) from further 15
consideration of a joint resolution described in subsection 16
(a), it is at any time thereafter in order (even though a 17
previous motion to the same effect has been disagreed to) 18
for a motion to proceed to the consideration of the joint 19
resolution, and all points of order against the joint resolu-20
tion (and against consideration of the joint resolution) are 21
waived. The motion is not subject to amendment, or to 22
a motion to postpone, or to a motion to proceed to the 23
consideration of other business. A motion to reconsider the 24
vote by which the motion is agreed to or disagreed to shall 25
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not be in order. If a motion to proceed to the consideration 1
of the joint resolution is agreed to, the joint resolution 2
shall remain the unfinished business of the Senate until 3
disposed of. 4
‘‘(2) In the Senate, debate on the joint resolution, 5
and on all debatable motions and appeals in connection 6
therewith, shall be limited to not more than 10 hours, 7
which shall be divided equally between those favoring and 8
those opposing the joint resolution. A motion to further 9
limit debate is in order and not debatable. An amendment 10
to, or a motion to postpone, or a motion to proceed to 11
the consideration of other business, or a motion to recom-12
mit the joint resolution is not in order. 13
‘‘(3) In the Senate, immediately following the conclu-14
sion of the debate on a joint resolution described in sub-15
section (a), and a single quorum call at the conclusion of 16
the debate if requested in accordance with the rules of the 17
Senate, the vote on final passage of the joint resolution 18
shall occur. 19
‘‘(4) Appeals from the decisions of the Chair relating 20
to the application of the rules of the Senate to the proce-21
dure relating to a joint resolution described in subsection 22
(a) shall be decided without debate. 23
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‘‘(e) In the Senate, the procedure specified in sub-1
section (c) or (d) shall not apply to the consideration of 2
a joint resolution respecting a nonmajor rule— 3
‘‘(1) after the expiration of the 60 session days 4
beginning with the applicable submission or publica-5
tion date; or 6
‘‘(2) if the report under section 801(a)(1)(A) 7
was submitted during the period referred to in sec-8
tion 801(d)(1), after the expiration of the 60 session 9
days beginning on the 15th session day after the 10
succeeding session of Congress first convenes. 11
‘‘(f) If, before the passage by one House of a joint 12
resolution of that House described in subsection (a), that 13
House receives from the other House a joint resolution 14
described in subsection (a), then the following procedures 15
shall apply: 16
‘‘(1) The joint resolution of the other House 17
shall not be referred to a committee. 18
‘‘(2) With respect to a joint resolution described 19
in subsection (a) of the House receiving the joint 20
resolution— 21
‘‘(A) the procedure in that House shall be 22
the same as if no joint resolution had been re-23
ceived from the other House; but 24
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‘‘(B) the vote on final passage shall be on 1
the joint resolution of the other House. 2
‘‘§ 804. Definitions 3
‘‘For purposes of this chapter: 4
‘‘(1) The term ‘Federal agency’ means any 5
agency as that term is defined in section 551(1). 6
‘‘(2) The term ‘major rule’ means any rule, in-7
cluding an interim final rule, that the Administrator 8
of the Office of Information and Regulatory Affairs 9
of the Office of Management and Budget finds has 10
resulted in or is likely to result in— 11
‘‘(A) an annual effect on the economy of 12
$100 million or more; 13
‘‘(B) a major increase in costs or prices for 14
consumers, individual industries, Federal, 15
State, or local government agencies, or geo-16
graphic regions; or 17
‘‘(C) significant adverse effects on competi-18
tion, employment, investment, productivity, in-19
novation, or the ability of United States-based 20
enterprises to compete with foreign-based enter-21
prises in domestic and export markets. 22
‘‘(3) The term ‘nonmajor rule’ means any rule 23
that is not a major rule. 24
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‘‘(4) The term ‘rule’ has the meaning given 1
such term in section 551, except that such term does 2
not include— 3
‘‘(A) any rule of particular applicability, 4
including a rule that approves or prescribes for 5
the future rates, wages, prices, services, or al-6
lowances therefore, corporate or financial struc-7
tures, reorganizations, mergers, or acquisitions 8
thereof, or accounting practices or disclosures 9
bearing on any of the foregoing; 10
‘‘(B) any rule relating to agency manage-11
ment or personnel; or 12
‘‘(C) any rule of agency organization, pro-13
cedure, or practice that does not substantially 14
affect the rights or obligations of non-agency 15
parties. 16
‘‘(5) The term ‘submission or publication date’, 17
except as otherwise provided in this chapter, 18
means— 19
‘‘(A) in the case of a major rule, the date 20
on which the Congress receives the report sub-21
mitted under section 801(a)(1); and 22
‘‘(B) in the case of a nonmajor rule, the 23
later of— 24
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‘‘(i) the date on which the Congress 1
receives the report submitted under section 2
801(a)(1); and 3
‘‘(ii) the date on which the nonmajor 4
rule is published in the Federal Register, if 5
so published. 6
‘‘§ 805. Judicial review 7
‘‘(a) No determination, finding, action, or omission 8
under this chapter shall be subject to judicial review. 9
‘‘(b) Notwithstanding subsection (a), a court may de-10
termine whether a Federal agency has completed the nec-11
essary requirements under this chapter for a rule to take 12
effect. 13
‘‘(c) The enactment of a joint resolution of approval 14
under section 802 shall not be interpreted to serve as a 15
grant or modification of statutory authority by Congress 16
for the promulgation of a rule, shall not extinguish or af-17
fect any claim, whether substantive or procedural, against 18
any alleged defect in a rule, and shall not form part of 19
the record before the court in any judicial proceeding con-20
cerning a rule except for purposes of determining whether 21
or not the rule is in effect. 22
‘‘§ 806. Exemption for monetary policy 23
‘‘Nothing in this chapter shall apply to rules that con-24
cern monetary policy proposed or implemented by the 25
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Board of Governors of the Federal Reserve System or the 1
Federal Open Market Committee. 2
‘‘§ 807. Effective date of certain rules 3
‘‘Notwithstanding section 801— 4
‘‘(1) any rule that establishes, modifies, opens, 5
closes, or conducts a regulatory program for a com-6
mercial, recreational, or subsistence activity related 7
to hunting, fishing, or camping; or 8
‘‘(2) any rule other than a major rule which an 9
agency for good cause finds (and incorporates the 10
finding and a brief statement of reasons therefore in 11
the rule issued) that notice and public procedure 12
thereon are impracticable, unnecessary, or contrary 13
to the public interest, 14
shall take effect at such time as the Federal agency pro-15
mulgating the rule determines.’’. 16
SEC. 334. BUDGETARY EFFECTS OF RULES SUBJECT TO 17
SECTION 802 OF TITLE 5, UNITED STATES 18
CODE. 19
Section 257(b)(2) of the Balanced Budget and Emer-20
gency Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) 21
is amended by adding at the end the following new sub-22
paragraph: 23
‘‘(E) B
UDGETARY EFFECTS OF RULES 24
SUBJECT TO SECTION 802 OF TITLE 5 , UNITED 25
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STATES CODE.—Any rule subject to the con-1
gressional approval procedure set forth in sec-2
tion 802 of chapter 8 of title 5, United States 3
Code, affecting budget authority, outlays, or re-4
ceipts shall be assumed to be effective unless it 5
is not approved in accordance with such sec-6
tion.’’. 7
SEC. 335. GOVERNMENT ACCOUNTABILITY OFFICE STUDY 8
OF RULES. 9
(a) I
NGENERAL.—The Comptroller General of the 10
United States shall conduct a study to determine, as of 11
the date of the enactment of this section— 12
(1) how many rules (as such term is defined in 13
section 804 of title 5, United States Code) were in 14
effect; 15
(2) how many major rules (as such term is de-16
fined in section 804 of title 5, United States Code) 17
were in effect; and 18
(3) the total estimated economic cost imposed 19
by all such rules. 20
(b) R
EPORT.—Not later than 1 year after the date 21
of the enactment of this section, the Comptroller General 22
of the United States shall submit a report to Congress 23
that contains the findings of the study conducted under 24
subsection (a). 25
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DIVISION D—H.R. 1, THE LOWER 1
ENERGY COSTS ACT 2
TITLE I—INCREASING AMER-3
ICAN ENERGY PRODUCTION, 4
EXPORTS, INFRASTRUCTURE, 5
AND CRITICAL MINERALS 6
PROCESSING 7
SEC. 10001. SECURING AMERICA’S CRITICAL MINERALS 8
SUPPLY. 9
(a) A
MENDMENT TO THE DEPARTMENT OF ENERGY 10
O
RGANIZATIONACT.—The Department of Energy Orga-11
nization Act (42 U.S.C. 7101 et seq.) is amended— 12
(1) in section 2, by adding at the end the fol-13
lowing: 14
‘‘(d) As used in sections 102(20) and 203(a)(12), the 15
term ‘critical energy resource’ means any energy re-16
source— 17
‘‘(1) that is essential to the energy sector and 18
energy systems of the United States; and 19
‘‘(2) the supply chain of which is vulnerable to 20
disruption.’’; 21
(2) in section 102, by adding at the end the fol-22
lowing: 23
‘‘(20) To ensure there is an adequate and reli-24
able supply of critical energy resources that are es-25
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sential to the energy security of the United States.’’; 1
and 2
(3) in section 203(a), by adding at the end the 3
following: 4
‘‘(12) Functions that relate to securing the sup-5
ply of critical energy resources, including identifying 6
and mitigating the effects of a disruption of such 7
supply on— 8
‘‘(A) the development and use of energy 9
technologies; and 10
‘‘(B) the operation of energy systems.’’. 11
(b) S
ECURINGCRITICALENERGYRESOURCESUPPLY 12
C
HAINS.— 13
(1) I
N GENERAL.—In carrying out the require-14
ments of the Department of Energy Organization 15
Act (42 U.S.C. 7101 et seq.), the Secretary of En-16
ergy, in consultation with the appropriate Federal 17
agencies, representatives of the energy sector, 18
States, and other stakeholders, shall— 19
(A) conduct ongoing assessments of— 20
(i) energy resource criticality based on 21
the importance of critical energy resources 22
to the development of energy technologies 23
and the supply of energy; 24
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(ii) the critical energy resource supply 1
chain of the United States; 2
(iii) the vulnerability of such supply 3
chain; and 4
(iv) how the energy security of the 5
United States is affected by the reliance of 6
the United States on importation of critical 7
energy resources; 8
(B) facilitate development of strategies to 9
strengthen critical energy resource supply 10
chains in the United States, including by— 11
(i) diversifying the sources of the sup-12
ply of critical energy resources; and 13
(ii) increasing domestic production, 14
separation, and processing of critical en-15
ergy resources; 16
(C) develop substitutes and alternatives to 17
critical energy resources; and 18
(D) improve technology that reuses and re-19
cycles critical energy resources. 20
(2) R
EPORT.—Not later than 1 year after the 21
date of enactment of this title, and annually there-22
after, the Secretary of Energy shall submit to Con-23
gress a report containing— 24
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(A) the results of the ongoing assessments 1
conducted under paragraph (1)(A); 2
(B) a description of any actions taken pur-3
suant to the Department of Energy Organiza-4
tion Act to mitigate potential effects of critical 5
energy resource supply chain disruptions on en-6
ergy technologies or the operation of energy 7
systems; and 8
(C) any recommendations relating to 9
strengthening critical energy resource supply 10
chains that are essential to the energy security 11
of the United States. 12
(3) C
RITICAL ENERGY RESOURCE DEFINED .— 13
In this section, the term ‘‘critical energy resource’’ 14
has the meaning given such term in section 2 of the 15
Department of Energy Organization Act (42 U.S.C. 16
7101). 17
SEC. 10002. PROTECTING AMERICAN ENERGY PRODUCTION. 18
(a) S
ENSE OFCONGRESS.—It is the sense of Con-19
gress that States should maintain primacy for the regula-20
tion of hydraulic fracturing for oil and natural gas produc-21
tion on State and private lands. 22
(b) P
ROHIBITION ONDECLARATION OF A MORATO-23
RIUM ON HYDRAULICFRACTURING.—Notwithstanding 24
any other provision of law, the President may not declare 25
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a moratorium on the use of hydraulic fracturing unless 1
such moratorium is authorized by an Act of Congress. 2
SEC. 10003. RESEARCHING EFFICIENT FEDERAL IMPROVE-3
MENTS FOR NECESSARY ENERGY REFINING. 4
Not later than 90 days after the date of enactment 5
of this section, the Secretary of Energy shall direct the 6
National Petroleum Council to— 7
(1) submit to the Secretary of Energy and Con-8
gress a report containing— 9
(A) an examination of the role of petro-10
chemical refineries located in the United States 11
and the contributions of such petrochemical re-12
fineries to the energy security of the United 13
States, including the reliability of supply in the 14
United States of liquid fuels and feedstocks, 15
and the affordability of liquid fuels for con-16
sumers in the United States; 17
(B) analyses and projections with respect 18
to— 19
(i) the capacity of petrochemical refin-20
eries located in the United States; 21
(ii) opportunities for expanding such 22
capacity; and 23
(iii) the risks to petrochemical refin-24
eries located in the United States; 25
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(C) an assessment of any Federal or State 1
executive actions, regulations, or policies that 2
have caused or contributed to a decline in the 3
capacity of petrochemical refineries located in 4
the United States; and 5
(D) any recommendations for Federal 6
agencies and Congress to encourage an increase 7
in the capacity of petrochemical refineries lo-8
cated in the United States; and 9
(2) make publicly available the report submitted 10
under paragraph (1). 11
SEC. 10004. PROMOTING CROSS-BORDER ENERGY INFRA-12
STRUCTURE. 13
(a) A
UTHORIZATION OF CERTAINENERGYINFRA-14
STRUCTUREPROJECTS AT AN INTERNATIONAL BOUND-15
ARY OF THEUNITEDSTATES.— 16
(1) A
UTHORIZATION.—Except as provided in 17
paragraph (3) and subsection (d), no person may 18
construct, connect, operate, or maintain a border- 19
crossing facility for the import or export of oil or 20
natural gas, or the transmission of electricity, across 21
an international border of the United States without 22
obtaining a certificate of crossing for the border- 23
crossing facility under this subsection. 24
(2) C
ERTIFICATE OF CROSSING.— 25
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(A) REQUIREMENT.—Not later than 120 1
days after final action is taken, by the relevant 2
official or agency identified under subparagraph 3
(B), under the National Environmental Policy 4
Act of 1969 (42 U.S.C. 4321 et seq.) with re-5
spect to a border-crossing facility for which a 6
person requests a certificate of crossing under 7
this subsection, the relevant official or agency, 8
in consultation with appropriate Federal agen-9
cies, shall issue a certificate of crossing for the 10
border-crossing facility unless the relevant offi-11
cial or agency finds that the construction, con-12
nection, operation, or maintenance of the bor-13
der-crossing facility is not in the public interest 14
of the United States. 15
(B) R
ELEVANT OFFICIAL OR AGENCY .— 16
The relevant official or agency referred to in 17
subparagraph (A) is— 18
(i) the Federal Energy Regulatory 19
Commission with respect to border-cross-20
ing facilities consisting of oil or natural 21
gas pipelines; and 22
(ii) the Secretary of Energy with re-23
spect to border-crossing facilities consisting 24
of electric transmission facilities. 25
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(C) ADDITIONAL REQUIREMENT FOR 1
ELECTRIC TRANSMISSION FACILITIES .—In the 2
case of a request for a certificate of crossing for 3
a border-crossing facility consisting of an elec-4
tric transmission facility, the Secretary of En-5
ergy shall require, as a condition of issuing the 6
certificate of crossing under subparagraph (A), 7
that the border-crossing facility be constructed, 8
connected, operated, or maintained consistent 9
with all applicable policies and standards of— 10
(i) the Electric Reliability Organiza-11
tion and the applicable regional entity; and 12
(ii) any Regional Transmission Orga-13
nization or Independent System Operator 14
with operational or functional control over 15
the border-crossing facility. 16
(3) E
XCLUSIONS.—This subsection shall not 17
apply to any construction, connection, operation, or 18
maintenance of a border-crossing facility for the im-19
port or export of oil or natural gas, or the trans-20
mission of electricity— 21
(A) if the border-crossing facility is oper-22
ating for such import, export, or transmission 23
as of the date of enactment of this section; 24
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(B) if a Presidential permit (or similar 1
permit) for the construction, connection, oper-2
ation, or maintenance has been issued pursuant 3
to any provision of law or Executive order; or 4
(C) if an application for a Presidential per-5
mit (or similar permit) for the construction, 6
connection, operation, or maintenance is pend-7
ing on the date of enactment of this section, 8
until the earlier of— 9
(i) the date on which such application 10
is denied; or 11
(ii) two years after the date of enact-12
ment of this section, if such a permit has 13
not been issued by such date of enactment. 14
(4) E
FFECT OF OTHER LAWS .— 15
(A) A
PPLICATION TO PROJECTS .—Nothing 16
in this subsection or subsection (d) shall affect 17
the application of any other Federal statute to 18
a project for which a certificate of crossing for 19
a border-crossing facility is requested under 20
this subsection. 21
(B) N
ATURAL GAS ACT.—Nothing in this 22
subsection or subsection (d) shall affect the re-23
quirement to obtain approval or authorization 24
under sections 3 and 7 of the Natural Gas Act 25
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for the siting, construction, or operation of any 1
facility to import or export natural gas. 2
(C) O
IL PIPELINES.—Nothing in this sub-3
section or subsection (d) shall affect the author-4
ity of the Federal Energy Regulatory Commis-5
sion with respect to oil pipelines under section 6
60502 of title 49, United States Code. 7
(b) T
RANSMISSION OFELECTRICENERGY TOCAN-8
ADA ANDMEXICO.— 9
(1) R
EPEAL OF REQUIREMENT TO SECURE 10
ORDER.—Section 202(e) of the Federal Power Act 11
(16 U.S.C. 824a(e)) is repealed. 12
(2) C
ONFORMING AMENDMENTS .— 13
(A) S
TATE REGULATIONS.—Section 202(f) 14
of the Federal Power Act (16 U.S.C. 824a(f)) 15
is amended by striking ‘‘insofar as such State 16
regulation does not conflict with the exercise of 17
the Commission’s powers under or relating to 18
subsection 202(e)’’. 19
(B) S
EASONAL DIVERSITY ELECTRICITY 20
EXCHANGE.—Section 602(b) of the Public Util-21
ity Regulatory Policies Act of 1978 (16 U.S.C. 22
824a–4(b)) is amended by striking ‘‘the Com-23
mission has conducted hearings and made the 24
findings required under section 202(e) of the 25
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Federal Power Act’’ and all that follows 1
through the period at the end and inserting 2
‘‘the Secretary has conducted hearings and 3
finds that the proposed transmission facilities 4
would not impair the sufficiency of electric sup-5
ply within the United States or would not im-6
pede or tend to impede the coordination in the 7
public interest of facilities subject to the juris-8
diction of the Secretary.’’. 9
(c) N
OPRESIDENTIALPERMITREQUIRED.—No 10
Presidential permit (or similar permit) shall be required 11
pursuant to any provision of law or Executive order for 12
the construction, connection, operation, or maintenance of 13
an oil or natural gas pipeline or electric transmission facil-14
ity, or any border-crossing facility thereof. 15
(d) M
ODIFICATIONS TO EXISTINGPROJECTS.—No 16
certificate of crossing under subsection (a), or Presidential 17
permit (or similar permit), shall be required for a modi-18
fication to— 19
(1) an oil or natural gas pipeline or electric 20
transmission facility that is operating for the import 21
or export of oil or natural gas or the transmission 22
of electricity as of the date of enactment of this sec-23
tion; 24
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(2) an oil or natural gas pipeline or electric 1
transmission facility for which a Presidential permit 2
(or similar permit) has been issued pursuant to any 3
provision of law or Executive order; or 4
(3) a border-crossing facility for which a certifi-5
cate of crossing has previously been issued under 6
subsection (a). 7
(e) P
ROHIBITION ONREVOCATION OFPRESIDENTIAL 8
P
ERMITS.—Notwithstanding any other provision of law, 9
the President may not revoke a Presidential permit (or 10
similar permit) issued pursuant to Executive Order No. 11
13337 (3 U.S.C. 301 note), Executive Order No. 11423 12
(3 U.S.C. 301 note), Executive Order No. 12038 (43 Fed. 13
Reg. 4957), Executive Order No. 10485 (18 Fed. Reg. 14
5397), or any other Executive order for the construction, 15
connection, operation, or maintenance of an oil or natural 16
gas pipeline or electric transmission facility, or any bor-17
der-crossing facility thereof, unless such revocation is au-18
thorized by an Act of Congress. 19
(f) E
FFECTIVEDATE; RULEMAKINGDEADLINES.— 20
(1) E
FFECTIVE DATE .—Subsections (a) 21
through (d), and the amendments made by such 22
subsections, shall take effect on the date that is 1 23
year after the date of enactment of this section. 24
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(2) RULEMAKING DEADLINES .—Each relevant 1
official or agency described in subsection (a)(2)(B) 2
shall— 3
(A) not later than 180 days after the date 4
of enactment of this section, publish in the Fed-5
eral Register notice of a proposed rulemaking 6
to carry out the applicable requirements of sub-7
section (a); and 8
(B) not later than 1 year after the date of 9
enactment of this section, publish in the Fed-10
eral Register a final rule to carry out the appli-11
cable requirements of subsection (a). 12
(g) D
EFINITIONS.—In this section: 13
(1) B
ORDER-CROSSING FACILITY.—The term 14
‘‘border-crossing facility’’ means the portion of an oil 15
or natural gas pipeline or electric transmission facil-16
ity that is located at an international boundary of 17
the United States. 18
(2) M
ODIFICATION.—The term ‘‘modification’’ 19
includes a reversal of flow direction, change in own-20
ership, change in flow volume, addition or removal 21
of an interconnection, or an adjustment to maintain 22
flow (such as a reduction or increase in the number 23
of pump or compressor stations). 24
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(3) NATURAL GAS.—The term ‘‘natural gas’’ 1
has the meaning given that term in section 2 of the 2
Natural Gas Act (15 U.S.C. 717a). 3
(4) O
IL.—The term ‘‘oil’’ means petroleum or 4
a petroleum product. 5
(5) E
LECTRIC RELIABILITY ORGANIZATION ; RE-6
GIONAL ENTITY.—The terms ‘‘Electric Reliability 7
Organization’’ and ‘‘regional entity’’ have the mean-8
ings given those terms in section 215 of the Federal 9
Power Act (16 U.S.C. 824o). 10
(6) I
NDEPENDENT SYSTEM OPERATOR ; RE-11
GIONAL TRANSMISSION ORGANIZATION .—The terms 12
‘‘Independent System Operator’’ and ‘‘Regional 13
Transmission Organization’’ have the meanings 14
given those terms in section 3 of the Federal Power 15
Act (16 U.S.C. 796). 16
SEC. 10005. SENSE OF CONGRESS EXPRESSING DIS-17
APPROVAL OF THE REVOCATION OF THE 18
PRESIDENTIAL PERMIT FOR THE KEYSTONE 19
XL PIPELINE. 20
(a) F
INDINGS.—Congress finds the following: 21
(1) On March 29, 2019, TransCanada Key-22
stone Pipeline, L.P., was granted a Presidential per-23
mit to construct, connect, operate, and maintain the 24
Keystone XL pipeline. 25
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(2) On January 20, 2021, President Biden 1
issued Executive Order No. 13990 (86 Fed. Reg. 2
7037) that revoked the March 2019 Presidential 3
permit for the Keystone XL. 4
(b) S
ENSE OFCONGRESS.—It is the sense of Con-5
gress that Congress disapproves of the revocation by 6
President Biden of the Presidential permit for the Key-7
stone XL pipeline. 8
SEC. 10006. SENSE OF CONGRESS OPPOSING RESTRICTIONS 9
ON THE EXPORT OF CRUDE OIL OR OTHER 10
PETROLEUM PRODUCTS. 11
(a) F
INDINGS.—Congress finds the following: 12
(1) The United States has enjoyed a renais-13
sance in energy production, with the expansion of 14
domestic crude oil and other petroleum product pro-15
duction contributing to enhanced energy security 16
and significant economic benefits to the national 17
economy. 18
(2) In 2015, Congress recognized the need to 19
adapt to changing crude oil market conditions and 20
repealed all restrictions on the export of crude oil on 21
a bipartisan basis. 22
(3) Section 101 of title I of division O of the 23
Consolidated Appropriations Act, 2016 (42 U.S.C. 24
6212a) established the national policy on oil export 25
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restriction, prohibiting any official of the Federal 1
Government from imposing or enforcing any restric-2
tions on the export of crude oil with limited excep-3
tions, including a savings clause maintaining the au-4
thority to prohibit exports under any provision of 5
law that imposes sanctions on a foreign person or 6
foreign government (including any provision of law 7
that prohibits or restricts United States persons 8
from engaging in a transaction with a sanctioned 9
person or government), including a foreign govern-10
ment that is designated as a state sponsor of ter-11
rorism. 12
(4) Lifting the restrictions on crude oil exports 13
encouraged additional domestic energy production, 14
created American jobs and economic development, 15
and allowed the United States to emerge as the lead-16
ing oil producer in the world. 17
(5) In 2019, the United States became a net 18
exporter of petroleum products for the first time 19
since 1952, and the reliance of the United States on 20
foreign imports of petroleum products has declined 21
to historic lows. 22
(6) Free trade, open markets, and competition 23
have contributed to the rise of the United States as 24
a global energy superpower. 25
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(b) SENSE OFCONGRESS.—It is the sense of Con-1
gress that the Federal Government should not impose— 2
(1) overly restrictive regulations on the explo-3
ration, production, or marketing of energy resources; 4
or 5
(2) any restrictions on the export of crude oil 6
or other petroleum products under the Energy Pol-7
icy and Conservation Act (42 U.S.C. 6201 et seq.), 8
except with respect to the export of crude oil or 9
other petroleum products to a foreign person or for-10
eign government subject to sanctions under any pro-11
vision of United States law, including to a country 12
the government of which is designated as a state 13
sponsor of terrorism. 14
SEC. 10007. UNLOCKING OUR DOMESTIC LNG POTENTIAL. 15
Section 3 of the Natural Gas Act (15 U.S.C. 717b) 16
is amended— 17
(1) by striking subsections (a) through (c); 18
(2) by redesignating subsections (e) and (f) as 19
subsections (a) and (b), respectively; 20
(3) by redesignating subsection (d) as sub-21
section (c), and moving such subsection after sub-22
section (b), as so redesignated; 23
(4) in subsection (a), as so redesignated, by 24
amending paragraph (1) to read as follows: ‘‘(1) The 25
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Federal Energy Regulatory Commission (in this sub-1
section referred to as the ‘Commission’) shall have 2
the exclusive authority to approve or deny an appli-3
cation for authorization for the siting, construction, 4
expansion, or operation of a facility to export nat-5
ural gas from the United States to a foreign country 6
or import natural gas from a foreign country, in-7
cluding an LNG terminal. In determining whether to 8
approve or deny an application under this para-9
graph, the Commission shall deem the exportation or 10
importation of natural gas to be consistent with the 11
public interest. Except as specifically provided in 12
this Act, nothing in this Act is intended to affect 13
otherwise applicable law related to any Federal 14
agency’s authorities or responsibilities related to fa-15
cilities to import or export natural gas, including 16
LNG terminals.’’; and 17
(5) by adding at the end the following new sub-18
section: 19
‘‘(d)(1) Nothing in this Act limits the authority of 20
the President under the Constitution, the International 21
Emergency Economic Powers Act (50 U.S.C. 1701 et 22
seq.), the National Emergencies Act (50 U.S.C. 1601 et 23
seq.), part B of title II of the Energy Policy and Conserva-24
tion Act (42 U.S.C. 6271 et seq.), the Trading With the 25
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Enemy Act (50 U.S.C. 4301 et seq.), or any other provi-1
sion of law that imposes sanctions on a foreign person or 2
foreign government (including any provision of law that 3
prohibits or restricts United States persons from engaging 4
in a transaction with a sanctioned person or government), 5
including a country that is designated as a state sponsor 6
of terrorism, to prohibit imports or exports. 7
‘‘(2) In this subsection, the term ‘state sponsor of ter-8
rorism’ means a country the government of which the Sec-9
retary of State determines has repeatedly provided sup-10
port for international terrorism pursuant to— 11
‘‘(A) section 1754(c)(1)(A) of the Export Con-12
trol Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); 13
‘‘(B) section 620A of the Foreign Assistance 14
Act of 1961 (22 U.S.C. 2371); 15
‘‘(C) section 40 of the Arms Export Control Act 16
(22 U.S.C. 2780); or 17
‘‘(D) any other provision of law.’’. 18
SEC. 10008. SENSE OF CONGRESS EXPRESSING DIS-19
APPROVAL OF THE DENIAL OF JORDAN COVE 20
PERMITS. 21
(a) F
INDINGS.—Congress finds the following: 22
(1) On March 19, 2020, the Federal Energy 23
Regulatory Commission granted two Federal permits 24
to Jordan Cove Energy Project, L.P., to site, con-25
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struct, and operate a new liquefied natural gas ex-1
port terminal in Coos County, Oregon. 2
(2) On the same day, the Federal Energy Regu-3
latory Commission issued a certificate of public con-4
venience and necessity to Pacific Connector Gas 5
Pipeline, L.P., to construct and operate the proposed 6
Pacific Connector Pipeline in the counties of Klam-7
ath, Jackson, Douglas, and Coos of Oregon. 8
(3) The State of Oregon denied the permits and 9
the certificate necessary for these projects. 10
(b) S
ENSE OFCONGRESS.—It is the sense of Con-11
gress that Congress disapproves of the denial of these per-12
mits by the State of Oregon. 13
SEC. 10009. PROMOTING INTERAGENCY COORDINATION 14
FOR REVIEW OF NATURAL GAS PIPELINES. 15
(a) D
EFINITIONS.—In this section: 16
(1) C
OMMISSION.—The term ‘‘Commission’’ 17
means the Federal Energy Regulatory Commission. 18
(2) F
EDERAL AUTHORIZATION .—The term 19
‘‘Federal authorization’’ has the meaning given that 20
term in section 15(a) of the Natural Gas Act (15 21
U.S.C. 717n(a)). 22
(3) NEPA
REVIEW.—The term ‘‘NEPA review’’ 23
means the process of reviewing a proposed Federal 24
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action under section 102 of the National Environ-1
mental Policy Act of 1969 (42 U.S.C. 4332). 2
(4) P
ROJECT-RELATED NEPA REVIEW .—The 3
term ‘‘project-related NEPA review’’ means any 4
NEPA review required to be conducted with respect 5
to the issuance of an authorization under section 3 6
of the Natural Gas Act or a certificate of public con-7
venience and necessity under section 7 of such Act. 8
(b) C
OMMISSIONNEPA REVIEWRESPONSIBIL-9
ITIES.—In acting as the lead agency under section 10
15(b)(1) of the Natural Gas Act for the purposes of com-11
plying with the National Environmental Policy Act of 12
1969 (42 U.S.C. 4321 et seq.) with respect to an author-13
ization under section 3 of the Natural Gas Act or a certifi-14
cate of public convenience and necessity under section 7 15
of such Act, the Commission shall, in accordance with this 16
section and other applicable Federal law— 17
(1) be the only lead agency; 18
(2) coordinate as early as practicable with each 19
agency designated as a participating agency under 20
subsection (d)(3) to ensure that the Commission de-21
velops information in conducting its project-related 22
NEPA review that is usable by the participating 23
agency in considering an aspect of an application for 24
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a Federal authorization for which the agency is re-1
sponsible; and 2
(3) take such actions as are necessary and 3
proper to facilitate the expeditious resolution of its 4
project-related NEPA review. 5
(c) D
EFERENCE TOCOMMISSION.—In making a deci-6
sion with respect to a Federal authorization required with 7
respect to an application for authorization under section 8
3 of the Natural Gas Act or a certificate of public conven-9
ience and necessity under section 7 of such Act, each agen-10
cy shall give deference, to the maximum extent authorized 11
by law, to the scope of the project-related NEPA review 12
that the Commission determines to be appropriate. 13
(d) P
ARTICIPATINGAGENCIES.— 14
(1) I
DENTIFICATION.—The Commission shall 15
identify, not later than 30 days after the Commis-16
sion receives an application for an authorization 17
under section 3 of the Natural Gas Act or a certifi-18
cate of public convenience and necessity under sec-19
tion 7 of such Act, any Federal or State agency, 20
local government, or Indian Tribe that may issue a 21
Federal authorization or is required by Federal law 22
to consult with the Commission in conjunction with 23
the issuance of a Federal authorization required for 24
such authorization or certificate. 25
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(2) INVITATION.— 1
(A) I
N GENERAL.—Not later than 45 days 2
after the Commission receives an application for 3
an authorization under section 3 of the Natural 4
Gas Act or a certificate of public convenience 5
and necessity under section 7 of such Act, the 6
Commission shall invite any agency identified 7
under paragraph (1) to participate in the review 8
process for the applicable Federal authorization. 9
(B) D
EADLINE.—An invitation issued 10
under subparagraph (A) shall establish a dead-11
line by which a response to the invitation shall 12
be submitted to the Commission, which may be 13
extended by the Commission for good cause. 14
(3) D
ESIGNATION AS PARTICIPATING AGEN -15
CIES.—Not later than 60 days after the Commission 16
receives an application for an authorization under 17
section 3 of the Natural Gas Act or a certificate of 18
public convenience and necessity under section 7 of 19
such Act, the Commission shall designate an agency 20
identified under paragraph (1) as a participating 21
agency with respect to an application for authoriza-22
tion under section 3 of the Natural Gas Act or a 23
certificate of public convenience and necessity under 24
section 7 of such Act unless the agency informs the 25
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Commission, in writing, by the deadline established 1
pursuant to paragraph (2)(B), that the agency— 2
(A) has no jurisdiction or authority with 3
respect to the applicable Federal authorization; 4
(B) has no special expertise or information 5
relevant to any project-related NEPA review; or 6
(C) does not intend to submit comments 7
for the record for the project-related NEPA re-8
view conducted by the Commission. 9
(4) E
FFECT OF NON-DESIGNATION.— 10
(A) E
FFECT ON AGENCY .—Any agency 11
that is not designated as a participating agency 12
under paragraph (3) with respect to an applica-13
tion for an authorization under section 3 of the 14
Natural Gas Act or a certificate of public con-15
venience and necessity under section 7 of such 16
Act may not request or conduct a NEPA review 17
that is supplemental to the project-related 18
NEPA review conducted by the Commission, 19
unless the agency— 20
(i) demonstrates that such review is 21
legally necessary for the agency to carry 22
out responsibilities in considering an as-23
pect of an application for a Federal au-24
thorization; and 25
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(ii) requires information that could 1
not have been obtained during the project- 2
related NEPA review conducted by the 3
Commission. 4
(B) C
OMMENTS; RECORD.—The Commis-5
sion shall not, with respect to an agency that is 6
not designated as a participating agency under 7
paragraph (3) with respect to an application for 8
an authorization under section 3 of the Natural 9
Gas Act or a certificate of public convenience 10
and necessity under section 7 of such Act— 11
(i) consider any comments or other in-12
formation submitted by such agency for 13
the project-related NEPA review conducted 14
by the Commission; or 15
(ii) include any such comments or 16
other information in the record for such 17
project-related NEPA review. 18
(e) W
ATERQUALITYIMPACTS.— 19
(1) I
N GENERAL.—Notwithstanding section 401 20
of the Federal Water Pollution Control Act (33 21
U.S.C. 1341), an applicant for a Federal authoriza-22
tion shall not be required to provide a certification 23
under such section with respect to the Federal au-24
thorization. 25
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(2) COORDINATION.—With respect to any 1
NEPA review for a Federal authorization to conduct 2
an activity that will directly result in a discharge 3
into the navigable waters (within the meaning of the 4
Federal Water Pollution Control Act), the Commis-5
sion shall identify as an agency under subsection 6
(d)(1) the State in which the discharge originates or 7
will originate, or, if appropriate, the interstate water 8
pollution control agency having jurisdiction over the 9
navigable waters at the point where the discharge 10
originates or will originate. 11
(3) P
ROPOSED CONDITIONS .—A State or inter-12
state agency designated as a participating agency 13
pursuant to paragraph (2) may propose to the Com-14
mission terms or conditions for inclusion in an au-15
thorization under section 3 of the Natural Gas Act 16
or a certificate of public convenience and necessity 17
under section 7 of such Act that the State or inter-18
state agency determines are necessary to ensure that 19
any activity described in paragraph (2) conducted 20
pursuant to such authorization or certification will 21
comply with the applicable provisions of sections 22
301, 302, 303, 306, and 307 of the Federal Water 23
Pollution Control Act. 24
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(4) COMMISSION CONSIDERATION OF CONDI -1
TIONS.—The Commission may include a term or 2
condition in an authorization under section 3 of the 3
Natural Gas Act or a certificate of public conven-4
ience and necessity under section 7 of such Act pro-5
posed by a State or interstate agency under para-6
graph (3) only if the Commission finds that the term 7
or condition is necessary to ensure that any activity 8
described in paragraph (2) conducted pursuant to 9
such authorization or certification will comply with 10
the applicable provisions of sections 301, 302, 303, 11
306, and 307 of the Federal Water Pollution Con-12
trol Act. 13
(f) S
CHEDULE.— 14
(1) D
EADLINE FOR FEDERAL AUTHORIZA -15
TIONS.—A deadline for a Federal authorization re-16
quired with respect to an application for authoriza-17
tion under section 3 of the Natural Gas Act or a 18
certificate of public convenience and necessity under 19
section 7 of such Act set by the Commission under 20
section 15(c)(1) of such Act shall be not later than 21
90 days after the Commission completes its project- 22
related NEPA review, unless an applicable schedule 23
is otherwise established by Federal law. 24
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(2) CONCURRENT REVIEWS .—Each Federal and 1
State agency— 2
(A) that may consider an application for a 3
Federal authorization required with respect to 4
an application for authorization under section 3 5
of the Natural Gas Act or a certificate of public 6
convenience and necessity under section 7 of 7
such Act shall formulate and implement a plan 8
for administrative, policy, and procedural mech-9
anisms to enable the agency to ensure comple-10
tion of Federal authorizations in compliance 11
with schedules established by the Commission 12
under section 15(c)(1) of such Act; and 13
(B) in considering an aspect of an applica-14
tion for a Federal authorization required with 15
respect to an application for authorization 16
under section 3 of the Natural Gas Act or a 17
certificate of public convenience and necessity 18
under section 7 of such Act, shall— 19
(i) formulate and implement a plan to 20
enable the agency to comply with the 21
schedule established by the Commission 22
under section 15(c)(1) of such Act; 23
(ii) carry out the obligations of that 24
agency under applicable law concurrently, 25
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and in conjunction with, the project-related 1
NEPA review conducted by the Commis-2
sion, and in compliance with the schedule 3
established by the Commission under sec-4
tion 15(c)(1) of such Act, unless the agen-5
cy notifies the Commission in writing that 6
doing so would impair the ability of the 7
agency to conduct needed analysis or oth-8
erwise carry out such obligations; 9
(iii) transmit to the Commission a 10
statement— 11
(I) acknowledging receipt of the 12
schedule established by the Commis-13
sion under section 15(c)(1) of the 14
Natural Gas Act; and 15
(II) setting forth the plan formu-16
lated under clause (i) of this subpara-17
graph; 18
(iv) not later than 30 days after the 19
agency receives such application for a Fed-20
eral authorization, transmit to the appli-21
cant a notice— 22
(I) indicating whether such appli-23
cation is ready for processing; and 24
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(II) if such application is not 1
ready for processing, that includes a 2
comprehensive description of the in-3
formation needed for the agency to 4
determine that the application is 5
ready for processing; 6
(v) determine that such application 7
for a Federal authorization is ready for 8
processing for purposes of clause (iv) if 9
such application is sufficiently complete for 10
the purposes of commencing consideration, 11
regardless of whether supplemental infor-12
mation is necessary to enable the agency to 13
complete the consideration required by law 14
with respect to such application; and 15
(vi) not less often than once every 90 16
days, transmit to the Commission a report 17
describing the progress made in consid-18
ering such application for a Federal au-19
thorization. 20
(3) F
AILURE TO MEET DEADLINE .—If a Fed-21
eral or State agency, including the Commission, fails 22
to meet a deadline for a Federal authorization set 23
forth in the schedule established by the Commission 24
under section 15(c)(1) of the Natural Gas Act, not 25
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later than 5 days after such deadline, the head of 1
the relevant Federal agency (including, in the case 2
of a failure by a State agency, the Federal agency 3
overseeing the delegated authority) shall notify Con-4
gress and the Commission of such failure and set 5
forth a recommended implementation plan to ensure 6
completion of the action to which such deadline ap-7
plied. 8
(g) C
ONSIDERATION OF APPLICATIONS FOR FED-9
ERALAUTHORIZATION.— 10
(1) I
SSUE IDENTIFICATION AND RESOLU -11
TION.— 12
(A) I
DENTIFICATION.—Federal and State 13
agencies that may consider an aspect of an ap-14
plication for a Federal authorization shall iden-15
tify, as early as possible, any issues of concern 16
that may delay or prevent an agency from 17
working with the Commission to resolve such 18
issues and granting such authorization. 19
(B) I
SSUE RESOLUTION.—The Commission 20
may forward any issue of concern identified 21
under subparagraph (A) to the heads of the rel-22
evant agencies (including, in the case of an 23
issue of concern that is a failure by a State 24
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agency, the Federal agency overseeing the dele-1
gated authority, if applicable) for resolution. 2
(2) R
EMOTE SURVEYS.—If a Federal or State 3
agency considering an aspect of an application for a 4
Federal authorization requires the person applying 5
for such authorization to submit data, the agency 6
shall consider any such data gathered by aerial or 7
other remote means that the person submits. The 8
agency may grant a conditional approval for the 9
Federal authorization based on data gathered by 10
aerial or remote means, conditioned on the 11
verification of such data by subsequent onsite in-12
spection. 13
(3) A
PPLICATION PROCESSING .—The Commis-14
sion, and Federal and State agencies, may allow a 15
person applying for a Federal authorization to fund 16
a third-party contractor to assist in reviewing the 17
application for such authorization. 18
(h) A
CCOUNTABILITY, TRANSPARENCY, EFFI-19
CIENCY.—For an application for an authorization under 20
section 3 of the Natural Gas Act or a certificate of public 21
convenience and necessity under section 7 of such Act that 22
requires multiple Federal authorizations, the Commission, 23
with input from any Federal or State agency considering 24
an aspect of the application, shall track and make avail-25
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able to the public on the Commission’s website information 1
related to the actions required to complete the Federal au-2
thorizations. Such information shall include the following: 3
(1) The schedule established by the Commission 4
under section 15(c)(1) of the Natural Gas Act. 5
(2) A list of all the actions required by each ap-6
plicable agency to complete permitting, reviews, and 7
other actions necessary to obtain a final decision on 8
the application. 9
(3) The expected completion date for each such 10
action. 11
(4) A point of contact at the agency responsible 12
for each such action. 13
(5) In the event that an action is still pending 14
as of the expected date of completion, a brief expla-15
nation of the reasons for the delay. 16
(i) P
IPELINESECURITY.—In considering an applica-17
tion for an authorization under section 3 of the Natural 18
Gas Act or a certificate of public convenience and neces-19
sity under section 7 of such Act, the Federal Energy Reg-20
ulatory Commission shall consult with the Administrator 21
of the Transportation Security Administration regarding 22
the applicant’s compliance with security guidance and best 23
practice recommendations of the Administration regarding 24
pipeline infrastructure security, pipeline cybersecurity, 25
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pipeline personnel security, and other pipeline security 1
measures. 2
(j) W
ITHDRAWAL OF POLICYSTATEMENTS.—The 3
Federal Energy Regulatory Commission shall withdraw— 4
(1) the updated policy statement titled ‘‘Certifi-5
cation of New Interstate Natural Gas Facilities’’ 6
published in the Federal Register on March 1, 2022 7
(87 Fed. Reg. 11548); and 8
(2) the interim policy statement titled ‘‘Consid-9
eration of Greenhouse Gas Emissions in Natural 10
Gas Infrastructure Project Reviews’’ published in 11
the Federal Register on March 11, 2022 (87 Fed. 12
Reg. 14104). 13
SEC. 10010. INTERIM HAZARDOUS WASTE PERMITS FOR 14
CRITICAL ENERGY RESOURCE FACILITIES. 15
Section 3005(e) of the Solid Waste Disposal Act (42 16
U.S.C. 6925(e)) is amended— 17
(1) in paragraph (1)(A)— 18
(A) in clause (i), by striking ‘‘or’’ at the 19
end; 20
(B) in clause (ii), by inserting ‘‘or’’ after 21
‘‘this section,’’; and 22
(C) by adding at the end the following: 23
‘‘(iii) is a critical energy resource facility,’’; 24
and 25
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(2) by adding at the end the following: 1
‘‘(4) D
EFINITIONS.—For the purposes of this sub-2
section: 3
‘‘(A) C
RITICAL ENERGY RESOURCE .—The term 4
‘critical energy resource’ means, as determined by 5
the Secretary of Energy, any energy resource— 6
‘‘(i) that is essential to the energy sector 7
and energy systems of the United States; and 8
‘‘(ii) the supply chain of which is vulner-9
able to disruption. 10
‘‘(B) C
RITICAL ENERGY RESOURCE FACILITY .— 11
The term ‘critical energy resource facility’ means a 12
facility that processes or refines a critical energy re-13
source.’’. 14
SEC. 10011. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY 15
RESOURCE FACILITIES. 16
(a) I
NGENERAL.—The Administrator of the Envi-17
ronmental Protection Agency shall, as necessary, revise 18
regulations under parts 70 and 71 of title 40, Code of 19
Federal Regulations, to— 20
(1) authorize the owner or operator of a critical 21
energy resource facility to utilize flexible air permit-22
ting (as described in the final rule titled ‘‘Operating 23
Permit Programs; Flexible Air Permitting Rule’’ 24
published by the Environmental Protection Agency 25
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in the Federal Register on October 6, 2009 (74 Fed. 1
Reg. 51418)) with respect to such critical energy re-2
source facility; and 3
(2) facilitate flexible, market-responsive oper-4
ations (as described in the final rule identified in 5
paragraph (1)) with respect to critical energy re-6
source facilities. 7
(b) D
EFINITIONS.—In this section: 8
(1) C
RITICAL ENERGY RESOURCE .—The term 9
‘‘critical energy resource’’ means, as determined by 10
the Secretary of Energy, any energy resource— 11
(A) that is essential to the energy sector 12
and energy systems of the United States; and 13
(B) the supply chain of which is vulnerable 14
to disruption. 15
(2) C
RITICAL ENERGY RESOURCE FACILITY .— 16
The term ‘‘critical energy resource facility’’ means a 17
facility that processes or refines a critical energy re-18
source. 19
SEC. 10012. NATIONAL SECURITY OR ENERGY SECURITY 20
WAIVERS TO PRODUCE CRITICAL ENERGY 21
RESOURCES. 22
(a) C
LEANAIRACTREQUIREMENTS.— 23
(1) I
N GENERAL.—If the Administrator of the 24
Environmental Protection Agency, in consultation 25
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with the Secretary of Energy, determines that, by 1
reason of a sudden increase in demand for, or a 2
shortage of, a critical energy resource, or another 3
cause, the processing or refining of a critical energy 4
resource at a critical energy resource facility is nec-5
essary to meet the national security or energy secu-6
rity needs of the United States, then the Adminis-7
trator may, with or without notice, hearing, or other 8
report, issue a temporary waiver of any requirement 9
under the Clean Air Act (42 U.S.C. 7401 et seq.) 10
with respect to such critical energy resource facility 11
that, in the judgment of the Administrator, will 12
allow for such processing or refining at such critical 13
energy resource facility as necessary to best meet 14
such needs and serve the public interest. 15
(2) C
ONFLICT WITH OTHER ENVIRONMENTAL 16
LAWS.—The Administrator shall ensure that any 17
waiver of a requirement under the Clean Air Act 18
under this subsection, to the maximum extent prac-19
ticable, does not result in a conflict with a require-20
ment of any other applicable Federal, State, or local 21
environmental law or regulation and minimizes any 22
adverse environmental impacts. 23
(3) V
IOLATIONS OF OTHER ENVIRONMENTAL 24
LAWS.—To the extent any omission or action taken 25
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by a party under a waiver issued under this sub-1
section is in conflict with any requirement of a Fed-2
eral, State, or local environmental law or regulation, 3
such omission or action shall not be considered a 4
violation of such environmental law or regulation, or 5
subject such party to any requirement, civil or crimi-6
nal liability, or a citizen suit under such environ-7
mental law or regulation. 8
(4) E
XPIRATION AND RENEWAL OF WAIVERS .— 9
A waiver issued under this subsection shall expire 10
not later than 90 days after it is issued. The Admin-11
istrator may renew or reissue such waiver pursuant 12
to paragraphs (1) and (2) for subsequent periods, 13
not to exceed 90 days for each period, as the Admin-14
istrator determines necessary to meet the national 15
security or energy security needs described in para-16
graph (1) and serve the public interest. In renewing 17
or reissuing a waiver under this paragraph, the Ad-18
ministrator shall include in any such renewed or re-19
issued waiver such conditions as are necessary to 20
minimize any adverse environmental impacts to the 21
extent practicable. 22
(5) S
UBSEQUENT ACTION BY COURT .—If a 23
waiver issued under this subsection is subsequently 24
stayed, modified, or set aside by a court pursuant a 25
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provision of law, any omission or action previously 1
taken by a party under the waiver while the waiver 2
was in effect shall remain subject to paragraph (3). 3
(6) C
RITICAL ENERGY RESOURCE ; CRITICAL EN-4
ERGY RESOURCE FACILITY DEFINED .—The terms 5
‘‘critical energy resource’’ and ‘‘critical energy re-6
source facility’’ have the meanings given such terms 7
in section 3025(f) of the Solid Waste Disposal Act 8
(as added by this section). 9
(b) S
OLIDWASTEDISPOSALACTREQUIREMENTS.— 10
(1) H
AZARDOUS WASTE MANAGEMENT .—The 11
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 12
is amended by inserting after section 3024 the fol-13
lowing: 14
‘‘SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE 15
FACILITIES. 16
‘‘(a) I
NGENERAL.—If the Administrator, in con-17
sultation with the Secretary of Energy, determines that, 18
by reason of a sudden increase in demand for, or a short-19
age of, a critical energy resource, or another cause, the 20
processing or refining of a critical energy resource at a 21
critical energy resource facility is necessary to meet the 22
national security or energy security needs of the United 23
States, then the Administrator may, with or without no-24
tice, hearing, or other report, issue a temporary waiver 25
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of any covered requirement with respect to such critical 1
energy resource facility that, in the judgment of the Ad-2
ministrator, will allow for such processing or refining at 3
such critical energy resource facility as necessary to best 4
meet such needs and serve the public interest. 5
‘‘(b) C
ONFLICTWITHOTHERENVIRONMENTAL 6
L
AWS.—The Administrator shall ensure that any waiver 7
of a covered requirement under this section, to the max-8
imum extent practicable, does not result in a conflict with 9
a requirement of any other applicable Federal, State, or 10
local environmental law or regulation and minimizes any 11
adverse environmental impacts. 12
‘‘(c) V
IOLATIONS OF OTHERENVIRONMENTAL 13
L
AWS.—To the extent any omission or action taken by 14
a party under a waiver issued under this section is in con-15
flict with any requirement of a Federal, State, or local 16
environmental law or regulation, such omission or action 17
shall not be considered a violation of such environmental 18
law or regulation, or subject such party to any require-19
ment, civil or criminal liability, or a citizen suit under such 20
environmental law or regulation. 21
‘‘(d) E
XPIRATION ANDRENEWAL OFWAIVERS.—A 22
waiver issued under this section shall expire not later than 23
90 days after it is issued. The Administrator may renew 24
or reissue such waiver pursuant to subsections (a) and (b) 25
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for subsequent periods, not to exceed 90 days for each pe-1
riod, as the Administrator determines necessary to meet 2
the national security or energy security needs described 3
in subsection (a) and serve the public interest. In renewing 4
or reissuing a waiver under this subsection, the Adminis-5
trator shall include in any such renewed or reissued waiver 6
such conditions as are necessary to minimize any adverse 7
environmental impacts to the extent practicable. 8
‘‘(e) S
UBSEQUENTACTION BYCOURT.—If a waiver 9
issued under this section is subsequently stayed, modified, 10
or set aside by a court pursuant a provision of law, any 11
omission or action previously taken by a party under the 12
waiver while the waiver was in effect shall remain subject 13
to subsection (c). 14
‘‘(f) D
EFINITIONS.—In this section: 15
‘‘(1) C
OVERED REQUIREMENT .—The term ‘cov-16
ered requirement’ means— 17
‘‘(A) any standard established under sec-18
tion 3002, 3003, or 3004; 19
‘‘(B) the permit requirement under section 20
3005; or 21
‘‘(C) any other requirement of this Act, as 22
the Administrator determines appropriate. 23
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‘‘(2) CRITICAL ENERGY RESOURCE .—The term 1
‘critical energy resource’ means, as determined by 2
the Secretary of Energy, any energy resource— 3
‘‘(A) that is essential to the energy sector 4
and energy systems of the United States; and 5
‘‘(B) the supply chain of which is vulner-6
able to disruption. 7
‘‘(3) C
RITICAL ENERGY RESOURCE FACILITY .— 8
The term ‘critical energy resource facility’ means a 9
facility that processes or refines a critical energy re-10
source.’’. 11
(2) T
ABLE OF CONTENTS .—The table of con-12
tents of the Solid Waste Disposal Act is amended by 13
inserting after the item relating to section 3024 the 14
following: 15
‘‘Sec. 3025. Waivers for critical energy resource facilities.’’.
SEC. 10013. NATURAL GAS TAX REPEAL.
16
(a) R
EPEAL.—Section 136 of the Clean Air Act (42 17
U.S.C. 7436)(relating to methane emissions and waste re-18
duction incentive program for petroleum and natural gas 19
systems) is repealed. 20
(b) R
ESCISSION.—The unobligated balance of any 21
amounts made available under section 136 of the Clean 22
Air Act (42 U.S.C. 7436)(as in effect on the day before 23
the date of enactment of this Act) is rescinded. 24
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SEC. 10014. REPEAL OF GREENHOUSE GAS REDUCTION 1
FUND. 2
(a) R
EPEAL.—Section 134 of the Clean Air Act (42 3
U.S.C. 7434)(relating to the greenhouse gas reduction 4
fund) is repealed. 5
(b) R
ESCISSION.—The unobligated balance of any 6
amounts made available under section 134 of the Clean 7
Air Act (42 U.S.C. 7434)(as in effect on the day before 8
the date of enactment of this Act) is rescinded. 9
(c) C
ONFORMINGAMENDMENT.—Section 60103 of 10
Public Law 117–169 (relating to the greenhouse gas re-11
duction fund) is repealed. 12
SEC. 10015. ENDING FUTURE DELAYS IN CHEMICAL SUB-13
STANCE REVIEW FOR CRITICAL ENERGY RE-14
SOURCES. 15
Section 5(a) of the Toxic Substances Control Act (15 16
U.S.C. 2604(a)) is amended by adding at the end the fol-17
lowing: 18
‘‘(6) C
RITICAL ENERGY RESOURCES .— 19
‘‘(A) S
TANDARD.—For purposes of a de-20
termination under paragraph (3) with respect 21
to a chemical substance that is a critical energy 22
resource, the Administrator shall take into con-23
sideration economic, societal, and environmental 24
costs and benefits, notwithstanding any require-25
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ment of this section to not take such factors 1
into consideration. 2
‘‘(B) F
AILURE TO RENDER DETERMINA -3
TION.— 4
‘‘(i) A
CTIONS AUTHORIZED .—If, with 5
respect to a chemical substance that is a 6
critical energy resource, the Administrator 7
fails to make a determination on a notice 8
under paragraph (3) by the end of the ap-9
plicable review period and the notice has 10
not been withdrawn by the submitter, the 11
submitter may take the actions described 12
in paragraph (1)(A) with respect to the 13
chemical substance, and the Administrator 14
shall be relieved of any requirement to 15
make such determination. 16
‘‘(ii) N
ON-DUPLICATION.—A refund of 17
applicable fees under paragraph (4)(A) 18
shall not be made if a submitter takes an 19
action described in paragraph (1)(A) under 20
this subparagraph. 21
‘‘(C) P
REREQUISITE FOR SUGGESTION OF 22
WITHDRAWAL OR SUSPENSION .—The Adminis-23
trator may not suggest to, or request of, a sub-24
mitter of a notice under this subsection for a 25
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chemical substance that is a critical energy re-1
source that such submitter withdraw such no-2
tice, or request a suspension of the running of 3
the applicable review period with respect to 4
such notice, unless the Administrator has— 5
‘‘(i) conducted a preliminary review of 6
such notice; and 7
‘‘(ii) provided to the submitter a draft 8
of a determination under paragraph (3), 9
including any supporting information. 10
‘‘(D) D
EFINITION.—For purposes of this 11
paragraph, the term ‘critical energy resource’ 12
means, as determined by the Secretary of En-13
ergy, any energy resource— 14
‘‘(i) that is essential to the energy sec-15
tor and energy systems of the United 16
States; and 17
‘‘(ii) the supply chain of which is vul-18
nerable to disruption.’’. 19
SEC. 10016. KEEPING AMERICA’S REFINERIES OPERATING. 20
(a) I
NGENERAL.—The owner or operator of a sta-21
tionary source described in subsection (b) of this section 22
shall not be required by the regulations promulgated 23
under section 112(r)(7)(B) of the Clean Air Act (42 24
U.S.C. 7412(r)(7)(B)) to include in any hazard assess-25
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ment under clause (ii) of such section 112(r)(7)(B) an as-1
sessment of safer technology and alternative risk manage-2
ment measures with respect to the use of hydrofluoric acid 3
in an alkylation unit. 4
(b) S
TATIONARYSOURCEDESCRIBED.—A stationary 5
source described in this subsection is a stationary source 6
(as defined in section 112(r)(2)(C) of the Clean Air Act 7
(42 U.S.C. 7412(r)(2)(C)) in North American Industry 8
Classification System code 324— 9
(1) for which a construction permit or operating 10
permit has been issued pursuant to the Clean Air 11
Act (42 U.S.C. 7401 et seq.); or 12
(2) for which the owner or operator dem-13
onstrates to the Administrator of the Environmental 14
Protection Agency that such stationary source con-15
forms or will conform to the most recent version of 16
American Petroleum Institute Recommended Prac-17
tice 751. 18
SEC. 10017. HOMEOWNER ENERGY FREEDOM. 19
(a) I
NGENERAL.—The following are repealed: 20
(1) Section 50122 of Public Law 117–169 (42 21
U.S.C. 18795a) (relating to a high-efficiency electric 22
home rebate program). 23
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(2) Section 50123 of Public Law 117–169 (42 1
U.S.C. 18795b) (relating to State-based home en-2
ergy efficiency contractor training grants). 3
(3) Section 50131 of Public Law 117–169 (136 4
Stat. 2041) (relating to assistance for latest and 5
zero building energy code adoption). 6
(b) R
ESCISSIONS.—The unobligated balances of any 7
amounts made available under each of sections 50122, 8
50123, and 50131 of Public Law 117–169 (42 U.S.C. 9
18795a, 18795b; 136 Stat. 2041) (as in effect on the day 10
before the date of enactment of this Act) are rescinded. 11
(c) C
ONFORMING AMENDMENT.—Section 12
50121(c)(7) of Public Law 117–169 (42 U.S.C. 13
18795(c)(7)) is amended by striking ‘‘, including a rebate 14
provided under a high-efficiency electric home rebate pro-15
gram (as defined in section 50122(d)),’’. 16
SEC. 10018. STUDY. 17
Not later than 180 days after the date of enactment 18
of this Act, the Secretary of Energy, in consultation with 19
the Nuclear Regulatory Commission, shall conduct a study 20
on how to streamline regulatory timelines relating to de-21
veloping new power plants by examining practices relating 22
to various power generating sources, including fossil and 23
nuclear generating sources. 24
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SEC. 10019. STATE PRIMARY ENFORCEMENT RESPONSI-1
BILITY. 2
(a) A
MENDMENTS.—Section 1422(b) of the Safe 3
Drinking Water Act (42 U.S.C. 300h–1(b)) is amended— 4
(1) in paragraph (2)— 5
(A) by striking ‘‘Within ninety days’’ and 6
inserting ‘‘(A) Within ninety days’’; 7
(B) by striking ‘‘and after reasonable op-8
portunity for presentation of views’’; and 9
(C) by adding at the end the following: 10
‘‘(B) If, after 270 calendar days of a State’s applica-11
tion being submitted under paragraph (1)(A) or notice 12
being submitted under paragraph (1)(B), the Adminis-13
trator has not, pursuant to subparagraph (A), by rule ap-14
proved, disapproved, or approved in part and disapproved 15
in part the State’s underground injection control pro-16
gram— 17
‘‘(i) the Administrator shall transmit, in writ-18
ing, to the State a detailed explanation as to the sta-19
tus of the application or notice; and 20
‘‘(ii) the State’s underground injection control 21
program shall be deemed approved under this sec-22
tion if— 23
‘‘(I) the Administrator has not after an-24
other 30 days, pursuant to subparagraph (A), 25
by rule approved, disapproved, or approved in 26
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part and disapproved in part the State’s under-1
ground injection control program; and 2
‘‘(II) the State has established and imple-3
mented an effective program (including ade-4
quate recordkeeping and reporting) to prevent 5
underground injection which endangers drink-6
ing water sources.’’; 7
(2) by amending paragraph (4) to read as fol-8
lows: 9
‘‘(4) Before promulgating any rule under paragraph 10
(2) or (3) of this subsection, the Administrator shall— 11
‘‘(A) provide a reasonable opportunity for pres-12
entation of views with respect to such rule, including 13
a public hearing and a public comment period; and 14
‘‘(B) publish in the Federal Register notice of 15
the reasonable opportunity for presentation of views 16
provided under subparagraph (A).’’; and 17
(3) by adding at the end the following: 18
‘‘(5) P
REAPPLICATIONACTIVITIES.—The Adminis-19
trator shall work as expeditiously as possible with States 20
to complete any necessary activities relevant to the sub-21
mission of an application under paragraph (1)(A) or no-22
tice under paragraph (1)(B), taking into consideration the 23
need for a complete and detailed submission. 24
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‘‘(6) APPLICATIONCOORDINATION FOR CLASSVI 1
W
ELLS.—With respect to the underground injection con-2
trol program for Class VI wells (as defined in section 3
40306(a) of the Infrastructure Investment and Jobs Act 4
(42 U.S.C. 300h–9(a))), the Administrator shall designate 5
one individual at the Agency from each regional office to 6
be responsible for coordinating— 7
‘‘(A) the completion of any necessary activities 8
prior to the submission of an application under 9
paragraph (1)(A) or notice under paragraph (1)(B), 10
in accordance with paragraph (5); 11
‘‘(B) the review of an application submitted 12
under paragraph (1)(A) or notice submitted under 13
paragraph (1)(B); 14
‘‘(C) any reasonable opportunity for presen-15
tation of views provided under paragraph (4)(A) and 16
any notice published under paragraph (4)(B); and 17
‘‘(D) pursuant to the recommendations included 18
in the report required under paragraph (7), the hir-19
ing of additional staff to carry out subparagraphs 20
(A) through (C). 21
‘‘(7) E
VALUATION OFRESOURCES.— 22
‘‘(A) I
N GENERAL.—Not later than 90 days 23
after the date of enactment of this paragraph, the 24
individual designated under paragraph (6) shall 25
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transmit to the appropriate Congressional commit-1
tees a report, including recommendations, regarding 2
the— 3
‘‘(i) availability of staff and resources to 4
promptly carry out the requirements of para-5
graph (6); and 6
‘‘(ii) additional funding amounts needed to 7
do so. 8
‘‘(B) A
PPROPRIATE CONGRESSIONAL COMMIT -9
TEES DEFINED.—In this paragraph, the term ‘ap-10
propriate Congressional Committees’ means— 11
‘‘(i) in the Senate— 12
‘‘(I) the Committee on Environment 13
and Public Works; and 14
‘‘(II) the Committee on Appropria-15
tions; and 16
‘‘(ii) in the House of Representatives— 17
‘‘(I) the Committee on Energy and 18
Commerce; and 19
‘‘(II) the Committee on Appropria-20
tions.’’. 21
(b) F
UNDING.—In each of fiscal years 2023 through 22
2026, amounts made available by title VI of division J 23
of the Infrastructure Investment and Jobs Act under 24
paragraph (7) of the heading ‘‘Environmental Protection 25
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Agency—State and Tribal Assistance Grants’’ (Public 1
Law 117–58; 135 Stat. 1402) may also be made available, 2
subject to appropriations, to carry out paragraphs (5), (6), 3
and (7) of section 1422(b) of the Safe Drinking Water 4
Act, as added by this section. 5
(c) R
ULE OFCONSTRUCTION.—The amendments 6
made by this section shall— 7
(1) apply to all applications submitted to the 8
Environmental Protection Agency after the date of 9
enactment of this Act to establish an underground 10
injection control program under section 1422(b) of 11
the Safe Drinking Water Act (42 U.S.C. 300h–1); 12
and 13
(2) with respect to such applications submitted 14
prior to the date of enactment of this Act, the 270 15
and 300 day deadlines under section 1422(b)(2)(B) 16
of the Safe Drinking Water Act, as added by this 17
section, shall begin on the date of enactment of this 18
Act. 19
SEC. 10020. USE OF INDEX-BASED PRICING IN ACQUISITION 20
OF PETROLEUM PRODUCTS FOR THE SPR. 21
Section 160(c) of the Energy Policy and Conservation 22
Act (42 U.S.C. 6240(c)) is amended— 23
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(1) by redesignating paragraphs (1) through 1
(6) as clauses (i) through (vi), respectively (and ad-2
justing the margins accordingly); 3
(2) by striking ‘‘The Secretary shall’’ and in-4
serting the following: 5
‘‘(1) I
N GENERAL.—The Secretary shall’’; and 6
(3) by striking ‘‘Such procedures shall take into 7
account the need to—’’ and inserting the following: 8
‘‘(2) I
NCLUSIONS.—Procedures developed under 9
this subsection shall— 10
‘‘(A) require acquisition of petroleum prod-11
ucts using index-based pricing; and 12
‘‘(B) take into account the need to—’’. 13
SEC. 10021. PROHIBITION ON CERTAIN EXPORTS. 14
(a) I
NGENERAL.—The Energy Policy and Conserva-15
tion Act is amended by inserting after section 163 (42 16
U.S.C. 6243) the following: 17
‘‘SEC. 164. PROHIBITION ON CERTAIN EXPORTS. 18
‘‘(a) I
NGENERAL.—The Secretary shall prohibit the 19
export or sale of petroleum products drawn down from the 20
Strategic Petroleum Reserve, under any provision of law, 21
to— 22
‘‘(1) the People’s Republic of China; 23
‘‘(2) the Democratic People’s Republic of 24
Korea; 25
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‘‘(3) the Russian Federation; 1
‘‘(4) the Islamic Republic of Iran; 2
‘‘(5) any other country the government of which 3
is subject to sanctions imposed by the United States; 4
and 5
‘‘(6) any entity owned, controlled, or influenced 6
by— 7
‘‘(A) a country referred to in any of para-8
graphs (1) through (5); or 9
‘‘(B) the Chinese Communist Party. 10
‘‘(b) W
AIVER.—The Secretary may issue a waiver of 11
the prohibition described in subsection (a) if the Secretary 12
certifies that any export or sale authorized pursuant to 13
the waiver is in the national security interests of the 14
United States. 15
‘‘(c) R
ULE.—Not later than 60 days after the date 16
of enactment of the Lower Energy Costs Act, the Sec-17
retary shall issue a rule to carry out this section.’’. 18
(b) C
ONFORMINGAMENDMENTS.— 19
(1) D
RAWDOWN AND SALE OF PETROLEUM 20
PRODUCTS.—Section 161(a) of the Energy Policy 21
and Conservation Act (42 U.S.C. 6241(a)) is 22
amended by inserting ‘‘and section 164’’ before the 23
period at the end. 24
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(2) CLERICAL AMENDMENT .—The table of con-1
tents for the Energy Policy and Conservation Act is 2
amended by inserting after the item relating to sec-3
tion 163 the following: 4
‘‘Sec. 164. Prohibition on certain exports.’’.
SEC. 10022. SENSE OF CONGRESS EXPRESSING DIS-
5
APPROVAL OF THE PROPOSED TAX HIKES ON 6
THE OIL AND NATURAL GAS INDUSTRY IN 7
THE PRESIDENT’S FISCAL YEAR 2024 BUDGET 8
REQUEST. 9
(a) F
INDING.—Congress finds that President Biden’s 10
fiscal year 2024 budget request proposes to repeal tax pro-11
visions that are vital to the oil and natural gas industry 12
of the United States, resulting in a $31,000,000,000 tax 13
hike on oil and natural gas producers in the United States. 14
(b) S
ENSE OFCONGRESS.—It is the sense of Con-15
gress that Congress disapproves of the proposed tax hike 16
on the oil and natural gas industry in the President’s fis-17
cal year 2024 budget request. 18
SEC. 10023. DOMESTIC ENERGY INDEPENDENCE REPORT. 19
Not later than 120 days after the date of enactment 20
of this Act, the Administrator of the Environmental Pro-21
tection Agency, in consultation with the Secretary of En-22
ergy, shall submit to Congress a report that identifies and 23
assesses regulations promulgated by the Administrator 24
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during the 15-year period preceding the date of enactment 1
of this Act that have— 2
(1) reduced the energy independence of the 3
United States; 4
(2) increased the regulatory burden for energy 5
producers in the United States; 6
(3) decreased the energy output by such energy 7
producers; 8
(4) reduced the energy security of the United 9
States; or 10
(5) increased energy costs for consumers in the 11
United States. 12
SEC. 10024. GAO STUDY. 13
Not later than 1 year after the date of enactment 14
of this Act, the Comptroller General of the United States 15
shall conduct a study on how banning natural gas appli-16
ances will affect the rates and charges for electricity. 17
SEC. 10025. GAS KITCHEN RANGES AND OVENS. 18
The Secretary of Energy may not finalize, implement, 19
administer, or enforce the proposed rule titled ‘‘Energy 20
Conservation Program: Energy Conservation Standards 21
for Consumer Conventional Cooking Products; Supple-22
mental notice of proposed rulemaking and announcement 23
of public meeting’’ (88 Fed. Reg. 6818; published Feb-24
ruary 1, 2023) with respect to energy conservation stand-25
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ards for gas kitchen ranges and ovens, or any substantially 1
similar rule, including any rule that would directly or indi-2
rectly limit consumer access to gas kitchen ranges and 3
ovens. 4
TITLE II—TRANSPARENCY, AC-5
COUNTABILITY, PERMITTING, 6
AND PRODUCTION OF AMER-7
ICAN RESOURCES 8
SEC. 20001. SHORT TITLE. 9
This title may be cited as the ‘‘Transparency, Ac-10
countability, Permitting, and Production of American Re-11
sources Act’’ or the ‘‘TAPP American Resources Act’’. 12
Subtitle A—Onshore and Offshore 13
Leasing and Oversight 14
SEC. 20101. ONSHORE OIL AND GAS LEASING. 15
(a) R
EQUIREMENTTOIMMEDIATELYRESUMEON-16
SHOREOIL ANDGASLEASESALES.— 17
(1) I
N GENERAL.—The Secretary of the Inte-18
rior shall immediately resume quarterly onshore oil 19
and gas lease sales in compliance with the Mineral 20
Leasing Act (30 U.S.C. 181 et seq.). 21
(2) R
EQUIREMENT.—The Secretary of the Inte-22
rior shall ensure— 23
(A) that any oil and gas lease sale pursu-24
ant to paragraph (1) is conducted immediately 25
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on completion of all applicable scoping, public 1
comment, and environmental analysis require-2
ments under the Mineral Leasing Act (30 3
U.S.C. 181 et seq.) and the National Environ-4
mental Policy Act of 1969 (42 U.S.C. 4321 et 5
seq.); and 6
(B) that the processes described in sub-7
paragraph (A) are conducted in a timely man-8
ner to ensure compliance with subsection (b)(1). 9
(3) L
EASE OF OIL AND GAS LANDS .—Section 10
17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 11
226(b)(1)(A)) is amended by inserting ‘‘Eligible 12
lands comprise all lands subject to leasing under this 13
Act and not excluded from leasing by a statutory or 14
regulatory prohibition. Available lands are those 15
lands that have been designated as open for leasing 16
under a land use plan developed under section 202 17
of the Federal Land Policy and Management Act of 18
1976 and that have been nominated for leasing 19
through the submission of an expression of interest, 20
are subject to drainage in the absence of leasing, or 21
are otherwise designated as available pursuant to 22
regulations adopted by the Secretary.’’ after ‘‘sales 23
are necessary.’’. 24
(b) Q
UARTERLYLEASESALES.— 25
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(1) IN GENERAL.—In accordance with the Min-1
eral Leasing Act (30 U.S.C. 181 et seq.), each fiscal 2
year, the Secretary of the Interior shall conduct a 3
minimum of four oil and gas lease sales in each of 4
the following States: 5
(A) Wyoming. 6
(B) New Mexico. 7
(C) Colorado. 8
(D) Utah. 9
(E) Montana. 10
(F) North Dakota. 11
(G) Oklahoma. 12
(H) Nevada. 13
(I) Alaska. 14
(J) Any other State in which there is land 15
available for oil and gas leasing under the Min-16
eral Leasing Act (30 U.S.C. 181 et seq.) or any 17
other mineral leasing law. 18
(2) R
EQUIREMENT.—In conducting a lease sale 19
under paragraph (1) in a State described in that 20
paragraph, the Secretary of the Interior shall offer 21
all parcels nominated and eligible pursuant to the 22
requirements of the Mineral Leasing Act (30 U.S.C. 23
181 et seq.) for oil and gas exploration, develop-24
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ment, and production under the resource manage-1
ment plan in effect for the State. 2
(3) R
EPLACEMENT SALES .—The Secretary of 3
the Interior shall conduct a replacement sale during 4
the same fiscal year if— 5
(A) a lease sale under paragraph (1) is 6
canceled, delayed, or deferred, including for a 7
lack of eligible parcels; or 8
(B) during a lease sale under paragraph 9
(1) the percentage of acreage that does not re-10
ceive a bid is equal to or greater than 25 per-11
cent of the acreage offered. 12
(4) N
OTICE REGARDING MISSED SALES .—Not 13
later than 30 days after a sale required under this 14
subsection is canceled, delayed, deferred, or other-15
wise missed the Secretary of the Interior shall sub-16
mit to the Committee on Natural Resources of the 17
House of Representatives and the Committee on En-18
ergy and Natural Resources of the Senate a report 19
that states what sale was missed and why it was 20
missed. 21
SEC. 20102. LEASE REINSTATEMENT. 22
The reinstatement of a lease entered into under the 23
Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Geo-24
thermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) by 25
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the Secretary shall be not considered a major Federal ac-1
tion under section 102(2)(C) of the National Environ-2
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 3
SEC. 20103. PROTESTED LEASE SALES. 4
Section 17(b)(1)(A) of the Mineral Leasing Act (30 5
U.S.C. 226(b)(1)(A)) is amended by inserting ‘‘The Sec-6
retary shall resolve any protest to a lease sale not later 7
than 60 days after such payment.’’ after ‘‘annual rental 8
for the first lease year.’’. 9
SEC. 20104. SUSPENSION OF OPERATIONS. 10
Section 17 of the Mineral Leasing Act (30 U.S.C. 11
226) is amended by adding at the end the following: 12
‘‘(r) S
USPENSION OFOPERATIONSPERMITS.—In the 13
event that an oil and gas lease owner has submitted an 14
expression of interest for adjacent acreage that is part of 15
the nature of the geological play and has yet to be offered 16
in a lease sale by the Secretary, they may request a sus-17
pension of operations from the Secretary of the Interior 18
and upon request, the Secretary shall grant the suspension 19
of operations within 15 days. Any payment of acreage 20
rental or of minimum royalty prescribed by such lease like-21
wise shall be suspended during such period of suspension 22
of operations and production; and the term of such lease 23
shall be extended by adding any such suspension period 24
thereto.’’. 25
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SEC. 20105. ADMINISTRATIVE PROTEST PROCESS REFORM. 1
Section 17 of the Mineral Leasing Act (30 U.S.C. 2
226) is further amended by adding at the end the fol-3
lowing: 4
‘‘(s) P
ROTESTFILINGFEE.— 5
‘‘(1) I
N GENERAL.—Before processing any pro-6
test filed under this section, the Secretary shall col-7
lect a filing fee in the amount described in para-8
graph (2) from the protestor to recover the cost for 9
processing documents filed for each administrative 10
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 18
fee, an assessment of $5 per page in excess of 19
10 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 24
lease parcel, right-of-way, or application for 25
permit to drill shall apply. 26
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‘‘(3) ADJUSTMENT.— 1
‘‘(A) I
N GENERAL.—Beginning on January 2
1, 2024, and annually thereafter, the Secretary 3
shall adjust the filing fees established in this 4
subsection to whole dollar amounts to reflect 5
changes in the Producer Price Index, as pub-6
lished by the Bureau of Labor Statistics, for 7
the previous 12 months. 8
‘‘(B) P
UBLICATION OF ADJUSTED FILING 9
FEES.—At least 30 days before the filing fees 10
as adjusted under this paragraph take effect, 11
the Secretary shall publish notification of the 12
adjustment of such fees in the Federal Reg-13
ister.’’. 14
SEC. 20106. LEASING AND PERMITTING TRANSPARENCY. 15
(a) R
EPORT.—Not later than 30 days after the date 16
of the enactment of this section, and annually thereafter, 17
the Secretary of the Interior shall submit to the Com-18
mittee on Natural Resources of the House of Representa-19
tives and the Committee on Energy and Natural Re-20
sources of the Senate a report that describes— 21
(1) the status of nominated parcels for future 22
onshore oil and gas and geothermal lease sales, in-23
cluding— 24
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(A) the number of expressions of interest 1
received each month during the period of 365 2
days that ends on the date on which the report 3
is submitted with respect to which the Bureau 4
of Land 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 11
sale; 12
(B) how long expressions of interest de-13
scribed in subparagraph (A) have been pending; 14
and 15
(C) a plan, including timelines, for how the 16
Secretary of the Interior plans to— 17
(i) work through future expressions of 18
interest to prevent delays; 19
(ii) put expressions of interest de-20
scribed in subparagraph (A) into a lease 21
sale; and 22
(iii) complete review for expressions of 23
interest described in clauses (i) and (ii) of 24
subparagraph (A); 25
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(2) the status of each pending application for 1
permit to drill received during the period of 365 2
days that ends on the date on which the report is 3
submitted, including the number of applications re-4
ceived each month, by each Bureau of Land Man-5
agement office, 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 11
of 1969 (42 U.S.C. 4321 et seq.) or other ap-12
plicable 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 24
which the report is submitted; 25
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(4) the status of each pending application for a 1
license for offshore geological and geophysical sur-2
veys received during the period of 365 days that 3
ends on the date on which the report is submitted, 4
including the number of applications received each 5
month, by each Bureau of Ocean Energy manage-6
ment regional 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 12
of 1969 (42 U.S.C. 4321 et seq.) or other ap-13
plicable 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 geologi-20
cal and geophysical surveys issued each month by 21
each Bureau of Ocean Energy Management regional 22
office during the 5-year period ending on the date on 23
which the report is submitted; 24
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(6) the status of each pending application for a 1
permit to drill received during the period of 365 2
days that ends on the date on which the report is 3
submitted, including the number of applications re-4
ceived each month, by each Bureau of Safety and 5
Environmental Enforcement regional office, includ-6
ing— 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 12
of 1969 (42 U.S.C. 4321 et seq.) or other ap-13
plicable laws; 14
(B) the number of days an application has 15
been pending; and 16
(C) steps the Bureau of Safety and Envi-17
ronmental Enforcement is taking to complete 18
review of each application; 19
(7) the number of permits to drill issued each 20
month by each Bureau of Safety and Environmental 21
Enforcement regional office during the period of 365 22
days that ends on the date on which the report is 23
submitted; 24
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(8) how, as applicable, the Bureau of Land 1
Management, the Bureau of Ocean Energy Manage-2
ment, and the Bureau of Safety and Environmental 3
Enforcement determines whether to— 4
(A) issue a license for geological and geo-5
physical surveys; 6
(B) issue a permit to drill; and 7
(C) issue, extend, or suspend an oil and 8
gas lease; 9
(9) when determinations described in paragraph 10
(8) are sent to the national office of the Bureau of 11
Land Management, the Bureau of Ocean Energy 12
Management, or the Bureau of Safety and Environ-13
mental Enforcement for final approval; 14
(10) the degree to which Bureau of Land Man-15
agement, Bureau of Ocean Energy Management, 16
and Bureau of Safety and Environmental Enforce-17
ment field, State, and regional offices exercise dis-18
cretion on such final approval; 19
(11) during the period of 365 days that ends on 20
the date on which the report is submitted, the num-21
ber of auctioned leases receiving accepted bids that 22
have not been issued to winning bidders and the 23
number of days such leases have not been issued; 24
and 25
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(12) a description of the uses of application for 1
permit to drill fees paid by permit holders during 2
the 5-year period ending on the date on which the 3
report is submitted. 4
(b) P
ENDINGAPPLICATIONS FOR PERMITSTO 5
D
RILL.—Not later than 30 days after the date of the en-6
actment of this section, the Secretary of the Interior 7
shall— 8
(1) complete all requirements under the Na-9
tional Environmental Policy Act of 1969 (42 U.S.C. 10
4321 et seq.) and other applicable law that must be 11
met before issuance of a permit to drill described in 12
paragraph (2); and 13
(2) issue a permit for all completed applications 14
to drill that are pending on the date of the enact-15
ment of this Act. 16
(c) P
UBLICAVAILABILITY OFDATA.— 17
(1) M
INERAL LEASING ACT.—Section 17 of the 18
Mineral Leasing Act (30 U.S.C. 226) is further 19
amended by adding at the end the following: 20
‘‘(t) P
UBLICAVAILABILITY OFDATA.— 21
‘‘(1) E
XPRESSIONS OF INTEREST .—Not later 22
than 30 days after the date of the enactment of this 23
subsection, and each month thereafter, the Secretary 24
shall publish on the website of the Department of 25
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the Interior the number of pending, approved, and 1
not approved expressions of interest in nominated 2
parcels for future onshore oil and gas lease sales in 3
the preceding month. 4
‘‘(2) A
PPLICATIONS FOR PERMITS TO DRILL .— 5
Not later than 30 days after the date of the enact-6
ment of this subsection, and each month thereafter, 7
the Secretary shall publish on the website of the De-8
partment of the Interior the number of pending and 9
approved applications for permits to drill in the pre-10
ceding month in each State office. 11
‘‘(3) P
AST DATA.—Not later than 30 days after 12
the date of the enactment of this subsection, the 13
Secretary shall publish on the website of the Depart-14
ment of the Interior, with respect to each month 15
during the 5-year period ending on the date of the 16
enactment of this subsection— 17
‘‘(A) the number of approved and not ap-18
proved expressions of interest for onshore oil 19
and gas lease sales during such 5-year period; 20
and 21
‘‘(B) the number of approved and not ap-22
proved applications for permits to drill during 23
such 5-year period.’’. 24
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(2) OUTER CONTINENTAL SHELF LANDS ACT .— 1
Section 8 of the Outer Continental Shelf Lands Act 2
(43 U.S.C. 1337) is amended by adding at the end 3
the following: 4
‘‘(q) P
UBLICAVAILABILITY OFDATA.— 5
‘‘(1) O
FFSHORE GEOLOGICAL AND GEO -6
PHYSICAL SURVEY LICENSES .—Not later than 30 7
days after the date of the enactment of this sub-8
section, and each month thereafter, the Secretary 9
shall publish on the website of the Department of 10
the Interior the number of pending and approved 11
applications for licenses for offshore geological and 12
geophysical surveys in the preceding month. 13
‘‘(2) A
PPLICATIONS FOR PERMITS TO DRILL .— 14
Not later than 30 days after the date of the enact-15
ment of this subsection, and each month thereafter, 16
the Secretary shall publish on the website of the De-17
partment of the Interior the number of pending and 18
approved applications for permits to drill on the 19
outer Continental Shelf in the preceding month in 20
each regional office. 21
‘‘(3) P
AST DATA.—Not later than 30 days after 22
the date of the enactment of this subsection, the 23
Secretary shall publish on the website of the Depart-24
ment of the Interior, with respect each month during 25
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the 5-year period ending on the date of the enact-1
ment of this subsection— 2
‘‘(A) the number of approved applications 3
for licenses for offshore geological and geo-4
physical surveys; and 5
‘‘(B) the number of approved applications 6
for permits to drill on the outer Continental 7
Shelf.’’. 8
(d) R
EQUIREMENT TOSUBMITDOCUMENTS AND 9
C
OMMUNICATIONS.— 10
(1) I
N GENERAL.—Not later than 60 days after 11
the date of the enactment of this section, the Sec-12
retary of the Interior shall submit to the Committee 13
on Energy and Natural Resources of the Senate and 14
the Committee on Natural Resources of the House 15
of Representatives all documents and communica-16
tions relating to the comprehensive review of Federal 17
oil and gas permitting and leasing practices required 18
under section 208 of Executive Order No. 14008 (86 19
Fed. Reg. 7624; relating to tackling the climate cri-20
sis at home and abroad). 21
(2) I
NCLUSIONS.—The submission under para-22
graph (1) shall include all documents and commu-23
nications submitted to the Secretary of the Interior 24
by members of the public in response to any public 25
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meeting or forum relating to the comprehensive re-1
view described in that paragraph. 2
SEC. 20107. OFFSHORE OIL AND GAS LEASING. 3
(a) I
NGENERAL.—The Secretary shall conduct all 4
lease sales described in the 2017–2022 Outer Continental 5
Shelf Oil and Gas Leasing Proposed Final Program (No-6
vember 2016) that have not been conducted as of the date 7
of the enactment of this Act by not later than September 8
30, 2023. 9
(b) G
ULF OFMEXICOREGIONANNUALLEASE 10
S
ALES.—Notwithstanding any other provision of law, and 11
except within areas subject to existing oil and gas leasing 12
moratoria beginning in fiscal year 2023, the Secretary of 13
the Interior shall annually conduct a minimum of 2 re-14
gion-wide oil and gas lease sales in the following planning 15
areas of the Gulf of Mexico region, as described in the 16
2017–2022 Outer Continental Shelf Oil and Gas Leasing 17
Proposed Final Program (November 2016): 18
(1) The Central Gulf of Mexico Planning Area. 19
(2) The Western Gulf of Mexico Planning Area. 20
(c) A
LASKAREGIONANNUALLEASESALES.—Not-21
withstanding any other provision of law, beginning in fis-22
cal year 2023, the Secretary of the Interior shall annually 23
conduct a minimum of 2 region-wide oil and gas lease 24
sales in the Alaska region of the Outer Continental Shelf, 25
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as described in the 2017–2022 Outer Continental Shelf 1
Oil and Gas Leasing Proposed Final Program (November 2
2016). 3
(d) R
EQUIREMENTS.—In conducting lease sales 4
under subsections (b) and (c), the Secretary of the Interior 5
shall— 6
(1) issue such leases in accordance with the 7
Outer Continental Shelf Lands Act (43 U.S.C. 1332 8
et seq.); and 9
(2) include in each such lease sale all unleased 10
areas that are not subject to a moratorium as of the 11
date of the lease sale. 12
SEC. 20108. FIVE-YEAR PLAN FOR OFFSHORE OIL AND GAS 13
LEASING. 14
Section 18 of the Outer Continental Shelf Lands Act 15
(43 U.S.C. 1344) is amended— 16
(1) in subsection (a)— 17
(A) by striking ‘‘subsections (c) and (d) of 18
this section, shall prepare and periodically re-19
vise,’’ and inserting ‘‘this section, shall issue 20
every five years’’; 21
(B) by adding at the end the following: 22
‘‘(5) Each five-year program shall include at 23
least two Gulf of Mexico region-wide lease sales per 24
year.’’; and 25
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(C) in paragraph (3), by inserting ‘‘domes-1
tic energy security,’’ after ‘‘between’’; 2
(2) by redesignating subsections (f) through (i) 3
as subsections (h) through (k), respectively; and 4
(3) by inserting after subsection (e) the fol-5
lowing: 6
‘‘(f) F
IVE-YEARPROGRAM FOR 2023–2028.—The 7
Secretary shall issue the five-year oil and gas leasing pro-8
gram for 2023 through 2028 and issue the Record of De-9
cision on the Final Programmatic Environmental Impact 10
Statement by not later than July 1, 2023. 11
‘‘(g) S
UBSEQUENTLEASINGPROGRAMS.— 12
‘‘(1) I
N GENERAL.—Not later than 36 months 13
after conducting the first lease sale under an oil and 14
gas leasing program prepared pursuant to this sec-15
tion, the Secretary shall begin preparing the subse-16
quent oil and gas leasing program under this sec-17
tion. 18
‘‘(2) R
EQUIREMENT.—Each subsequent oil and 19
gas leasing program under this section shall be ap-20
proved by not later than 180 days before the expira-21
tion of the previous oil and gas leasing program.’’. 22
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SEC. 20109. GEOTHERMAL LEASING. 1
(a) A
NNUALLEASING.—Section 4(b) of the Geo-2
thermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amend-3
ed— 4
(1) in paragraph (2), by striking ‘‘2 years’’ and 5
inserting ‘‘year’’; 6
(2) by redesignating paragraphs (3) and (4) as 7
paragraphs (5) and (6), respectively; and 8
(3) after paragraph (2), by inserting the fol-9
lowing: 10
‘‘(3) R
EPLACEMENT SALES .—If a lease sale 11
under paragraph (1) for a year is canceled or de-12
layed, the Secretary of the Interior shall conduct a 13
replacement sale during the same year. 14
‘‘(4) R
EQUIREMENT.—In conducting a lease 15
sale under paragraph (2) in a State described in 16
that paragraph, the Secretary of the Interior shall 17
offer all nominated parcels eligible for geothermal 18
development and utilization under the resource man-19
agement plan in effect for the State.’’. 20
(b) D
EADLINES FOR CONSIDERATION OF GEO-21
THERMALDRILLINGPERMITS.—Section 4 of the Geo-22
thermal Steam Act of 1970 (30 U.S.C. 1003) is amended 23
by adding at the end the following: 24
‘‘(h) D
EADLINES FOR CONSIDERATION OF GEO-25
THERMALDRILLINGPERMITS.— 26
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‘‘(1) NOTICE.—Not later than 30 days after the 1
date on which the Secretary receives an application 2
for any geothermal drilling permit, the Secretary 3
shall— 4
‘‘(A) provide written notice to the appli-5
cant that the application is complete; or 6
‘‘(B) notify the applicant that information 7
is missing and specify any information that is 8
required to be submitted for the application to 9
be complete. 10
‘‘(2) I
SSUANCE OF DECISION.—If the Secretary 11
determines that an application for a geothermal 12
drilling permit is complete under paragraph (1)(A), 13
the Secretary shall issue a final decision on the ap-14
plication not later than 30 days after the Secretary 15
notifies the applicant that the application is com-16
plete.’’. 17
SEC. 20110. LEASING FOR CERTAIN QUALIFIED COAL AP-18
PLICATIONS. 19
(a) D
EFINITIONS.—In this section: 20
(1) C
OAL LEASE.—The term ‘‘coal lease’’ 21
means a lease entered into by the United States as 22
lessor, through the Bureau of Land Management, 23
and the applicant on Bureau of Land Management 24
Form 3400–012. 25
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(2) QUALIFIED APPLICATION .—The term 1
‘‘qualified application’’ means any application pend-2
ing under the lease by application program adminis-3
tered by the Bureau of Land Management pursuant 4
to the Mineral Leasing Act (30 U.S.C. 181 et seq.) 5
and subpart 3425 of title 43, Code of Federal Regu-6
lations (as in effect on the date of the enactment of 7
this Act), for which the environmental review proc-8
ess under the National Environmental Policy Act of 9
1969 (42 U.S.C. 4321 et seq.) has commenced. 10
(b) M
ANDATORYLEASING ANDOTHERREQUIRED 11
A
PPROVALS.—As soon as practicable after the date of the 12
enactment of this Act, the Secretary shall promptly— 13
(1) with respect to each qualified application— 14
(A) if not previously published for public 15
comment, publish a draft environmental assess-16
ment, as required under the National Environ-17
mental Policy Act of 1969 (42 U.S.C. 4321 et 18
seq.) and any applicable implementing regula-19
tions; 20
(B) finalize the fair market value of the 21
coal tract for which a lease by application is 22
pending; 23
(C) take all intermediate actions necessary 24
to grant the qualified application; and 25
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(D) grant the qualified application; and 1
(2) with respect to previously awarded coal 2
leases, grant any additional approvals of the Depart-3
ment of the Interior or any bureau, agency, or divi-4
sion of the Department of the Interior required for 5
mining activities to commence. 6
SEC. 20111. FUTURE COAL LEASING. 7
Notwithstanding any judicial decision to the contrary 8
or a departmental review of the Federal coal leasing pro-9
gram, Secretarial Order 3338, issued by the Secretary of 10
the Interior on January 15, 2016, shall have no force or 11
effect. 12
SEC. 20112. STAFF PLANNING REPORT. 13
The Secretary of the Interior and the Secretary of 14
Agriculture shall each annually submit to the Committee 15
on Natural Resources of the House of Representatives and 16
the Committee on Energy and Natural Resources of the 17
Senate a report on the staffing capacity of each respective 18
agency with respect to issuing oil, gas, hardrock mining, 19
coal, and renewable energy leases, rights-of-way, claims, 20
easements, and permits. Each such report shall include— 21
(1) the number of staff assigned to process and 22
issue oil, gas, hardrock mining, coal, and renewable 23
energy leases, rights-of-way, claims, easements, and 24
permits; 25
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(2) a description of how many staff are needed 1
to meet statutory requirements for such oil, gas, 2
hardrock mining, coal, and renewable energy leases, 3
rights-of-way, claims, easements, and permits; and 4
(3) how, as applicable, the Department of the 5
Interior or the Department of Agriculture plans to 6
address technological needs and staffing shortfalls 7
and turnover to ensure adequate staffing to process 8
and issue such oil, gas, hardrock mining, coal, and 9
renewable energy leases, rights-of-way, claims, ease-10
ments, and permits. 11
SEC. 20113. PROHIBITION ON CHINESE COMMUNIST PARTY 12
OWNERSHIP INTEREST. 13
Notwithstanding any other provision of law, the Com-14
munist Party of China (or a person acting on behalf of 15
the Community Party of China), any entity subject to the 16
jurisdiction of the Government of the People’s Republic 17
of China, or any entity that is owned by the Government 18
of the People’s Republic of China, may not acquire any 19
interest with respect to lands leased for oil or gas under 20
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 21
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 22
seq.) or American farmland or any lands used for Amer-23
ican renewable energy production, or acquire claims sub-24
ject to the General Mining Law of 1872. 25
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SEC. 20114. EFFECT ON OTHER LAW. 1
Nothing in this title, or any amendments made by 2
this title, shall affect— 3
(1) the Presidential memorandum titled 4
‘‘Memorandum on Withdrawal of Certain Areas of 5
the United States Outer Continental Shelf From 6
Leasing Disposition’’ and dated September 8, 2020; 7
(2) the Presidential memorandum titled 8
‘‘Memorandum on Withdrawal of Certain Areas of 9
the United States Outer Continental Shelf From 10
Leasing Disposition’’ and dated September 25, 11
2020; 12
(3) the Presidential memorandum titled 13
‘‘Memorandum on Withdrawal of Certain Areas off 14
the Atlantic Coast on the Outer Continental Shelf 15
From Leasing Disposition’’ and dated December 20, 16
2016; or 17
(4) the ban on oil and gas development in the 18
Great Lakes described in section 386 of the Energy 19
Policy Act of 2005 (42 U.S.C. 15941). 20
SEC. 20115. REQUIREMENT FOR GAO REPORT ON WIND EN-21
ERGY IMPACTS. 22
The Secretary of the Interior shall not publish a no-23
tice for a wind lease sale or hold a lease sale for wind 24
energy development in the Eastern Gulf of Mexico Plan-25
ning Area, the South Atlantic Planning Area, or the 26
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Straits of Florida Planning Area (as described in the 1
2017–2022 Outer Continental Shelf Oil and Gas Leasing 2
Proposed Final Program (November 2016)) until the 3
Comptroller General of the United States publishes a re-4
port on all potential adverse effects of wind energy devel-5
opment in such areas, including associated infrastructure 6
and vessel traffic, on— 7
(1) military readiness and training activities in 8
the Planning Areas described in this section, includ-9
ing activities within or related to the Eglin Test and 10
Training Complex and the Jacksonville Range Com-11
plex; 12
(2) marine environment and ecology, including 13
species listed as endangered or threatened under the 14
Endangered Species Act of 1973 (16 U.S.C. 1531 et 15
seq.) or designated as depleted under the Marine 16
Mammal Protection Act of 1972 (16 U.S.C. 1361 et 17
seq.) in the Planning Areas described in this section; 18
and 19
(3) tourism, including the economic impacts 20
that a decrease in tourism may have on the commu-21
nities adjacent to the Planning Areas described in 22
this section. 23
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SEC. 20116. SENSE OF CONGRESS ON WIND ENERGY DEVEL-1
OPMENT SUPPLY CHAIN. 2
It is the sense of Congress that— 3
(1) wind energy development on Federal lands 4
and waters is a burgeoning industry in the United 5
States; 6
(2) major components of wind infrastructure, 7
including turbines, are imported in large quantities 8
from other countries including countries that are na-9
tional security threats, such as the Government of 10
the People’s Republic of China; 11
(3) it is in the best interest of the United 12
States to foster and support domestic supply chains 13
across sectors to promote American energy inde-14
pendence; 15
(4) the economic and manufacturing opportuni-16
ties presented by wind turbine construction and 17
component manufacturing should be met by Amer-18
ican workers and materials that are sourced domes-19
tically to the greatest extent practicable; and 20
(5) infrastructure for wind energy development 21
in the United States should be constructed with ma-22
terials produced and manufactured in the United 23
States. 24
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SEC. 20117. SENSE OF CONGRESS ON OIL AND GAS ROY-1
ALTY RATES. 2
It is the sense of Congress that the royalty rate for 3
onshore Federal oil and gas leases should be not more 4
than 12.5 percent in amount or value of the production 5
removed or sold from the lease. 6
SEC. 20118. OFFSHORE WIND ENVIRONMENTAL REVIEW 7
PROCESS STUDY. 8
(a) I
NGENERAL.—Not later than 60 days after the 9
date of the enactment of this section, the Comptroller 10
General shall conduct a study to assess the sufficiency of 11
the environmental review processes for offshore wind 12
projects in place as of the date of the enactment of this 13
section of the National Marine Fisheries Service, the Bu-14
reau of Ocean Energy Management, and any other rel-15
evant Federal agency. 16
(b) C
ONTENTS.—The study required under sub-17
section (a) shall include consideration of the following: 18
(1) The impacts of offshore wind projects on— 19
(A) whales, finfish, and other marine 20
mammals; 21
(B) benthic resources; 22
(C) commercial and recreational fishing; 23
(D) air quality; 24
(E) cultural, historical, and archaeological 25
resources; 26
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(F) invertebrates; 1
(G) essential fish habitat; 2
(H) military use and navigation and vessel 3
traffic; 4
(I) recreation and tourism; and 5
(J) the sustainability of shoreline beaches 6
and inlets. 7
(2) The impacts of hurricanes and other severe 8
weather on offshore wind projects. 9
(3) How the agencies described in subsection 10
(a) determine which stakeholders are consulted and 11
if a timely, comprehensive comment period is pro-12
vided for local representatives and other interested 13
parties. 14
(4) The estimated cost and who pays for off-15
shore wind projects. 16
SEC. 20119. GAO REPORT ON WIND ENERGY IMPACTS. 17
The Comptroller General of the United States shall 18
publish a report on all potential adverse effects of wind 19
energy development in the North Atlantic Planning Area 20
(as described in the 2017–2022 Outer Continental Shelf 21
Oil and Gas Leasing Proposed Final Program (November 22
2016)), including associated infrastructure and vessel 23
traffic, on— 24
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(1) maritime safety, including the operation of 1
radar systems; 2
(2) economic impacts related to commercial 3
fishing activities; and 4
(3) marine environment and ecology, including 5
species listed as endangered or threatened under the 6
Endangered Species Act of 1973 (16 U.S.C. 1531 et 7
seq.) or designated as depleted under the Marine 8
Mammal Protection Act of 1972 (16 U.S.C. 1361 et 9
seq.) in the North Atlantic Planning Area. 10
Subtitle B—Permitting 11
Streamlining 12
SEC. 20201. DEFINITIONS. 13
In this subtitle: 14
(1) E
NERGY FACILITY.—The term ‘‘energy fa-15
cility’’ means a facility the primary purpose of which 16
is the exploration for, or the development, produc-17
tion, conversion, gathering, storage, transfer, proc-18
essing, or transportation of, any energy resource. 19
(2) E
NERGY STORAGE DEVICE .—The term ‘‘en-20
ergy storage device’’— 21
(A) means any equipment that stores en-22
ergy, including electricity, compressed air, 23
pumped water, heat, and hydrogen, which may 24
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be converted into, or used to produce, elec-1
tricity; and 2
(B) includes a battery, regenerative fuel 3
cell, flywheel, capacitor, superconducting mag-4
net, and any other equipment the Secretary 5
concerned determines may be used to store en-6
ergy which may be converted into, or used to 7
produce, electricity. 8
(3) P
UBLIC LANDS.—The term ‘‘public lands’’ 9
means any land and interest in land owned by the 10
United States within the several States and adminis-11
tered by the Secretary of the Interior or the Sec-12
retary of Agriculture without regard to how the 13
United States acquired ownership, except— 14
(A) lands located on the Outer Continental 15
Shelf; and 16
(B) lands held in trust by the United 17
States for the benefit of Indians, Indian Tribes, 18
Aleuts, and Eskimos. 19
(4) R
IGHT-OF-WAY.—The term ‘‘right-of-way’’ 20
means— 21
(A) a right-of-way issued, granted, or re-22
newed under section 501 of the Federal Land 23
Policy and Management Act of 1976 (43 U.S.C. 24
1761); or 25
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(B) a right-of-way granted under section 1
28 of the Mineral Leasing Act (30 U.S.C. 185). 2
(5) S
ECRETARY CONCERNED .—The term ‘‘Sec-3
retary concerned’’ means— 4
(A) with respect to public lands, the Sec-5
retary of the Interior; and 6
(B) with respect to National Forest Sys-7
tem lands, the Secretary of Agriculture. 8
(6) L
AND USE PLAN .—The term ‘‘land use 9
plan’’ means— 10
(A) a land and resource management plan 11
prepared by the Forest Service for a unit of the 12
National Forest System pursuant to section 6 13
of the Forest and Rangeland Renewable Re-14
sources Planning Act of 1974 (16 U.S.C. 15
1604); 16
(B) a Land Management Plan developed 17
by the Bureau of Land Management under the 18
Federal Land Policy and Management Act of 19
1976 (43 U.S.C. 1701 et seq.); or 20
(C) a comprehensive conservation plan de-21
veloped by the United States Fish and Wildlife 22
Service under section 4(e)(1)(A) of the National 23
Wildlife Refuge System Administration Act of 24
1966 (16 U.S.C. 668dd(e)(1)(A)). 25
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SEC. 20202. BUILDER ACT. 1
(a) P
ARAGRAPH(2) OFSECTION102.—Section 2
102(2) of the National Environmental Policy Act of 1969 3
(42 U.S.C. 4332(2)) is amended— 4
(1) in subparagraph (A), by striking ‘‘insure’’ 5
and inserting ‘‘ensure’’; 6
(2) in subparagraph (B), by striking ‘‘insure’’ 7
and inserting ‘‘ensure’’; 8
(3) in subparagraph (C)— 9
(A) by inserting ‘‘consistent with the provi-10
sions of this Act and except as provided by 11
other provisions of law,’’ before ‘‘include in 12
every’’; 13
(B) by striking clauses (i) through (v) and 14
inserting the following: 15
‘‘(i) reasonably foreseeable environmental 16
effects with a reasonably close causal relation-17
ship to the proposed agency action; 18
‘‘(ii) any reasonably foreseeable adverse en-19
vironmental effects which cannot be avoided 20
should the proposal be implemented; 21
‘‘(iii) a reasonable number of alternatives 22
to the proposed agency action, including an 23
analysis of any negative environmental impacts 24
of not implementing the proposed agency action 25
in the case of a no action alternative, that are 26
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technically and economically feasible, are within 1
the jurisdiction of the agency, meet the purpose 2
and need of the proposal, and, where applicable, 3
meet the goals of the applicant; 4
‘‘(iv) the relationship between local short- 5
term uses of man’s environment and the main-6
tenance and enhancement of long-term produc-7
tivity; and 8
‘‘(v) any irreversible and irretrievable com-9
mitments of Federal resources which would be 10
involved in the proposed agency action should it 11
be implemented.’’; and 12
(C) by striking ‘‘the responsible Federal 13
official’’ and inserting ‘‘the head of the lead 14
agency’’; 15
(4) in subparagraph (D), by striking ‘‘Any’’ 16
and inserting ‘‘any’’; 17
(5) by redesignating subparagraphs (D) 18
through (I) as subparagraphs (F) through (K), re-19
spectively; 20
(6) by inserting after subparagraph (C) the fol-21
lowing: 22
‘‘(D) ensure the professional integrity, including 23
scientific integrity, of the discussion and analysis in 24
an environmental document; 25
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‘‘(E) make use of reliable existing data and re-1
sources in carrying out this Act;’’; 2
(7) by amending subparagraph (G), as redesig-3
nated, to read as follows: 4
‘‘(G) consistent with the provisions of this Act, 5
study, develop, and describe technically and economi-6
cally feasible alternatives within the jurisdiction and 7
authority of the agency;’’; and 8
(8) in subparagraph (H), as amended, by in-9
serting ‘‘consistent with the provisions of this Act,’’ 10
before ‘‘recognize’’. 11
(b) N
EWSECTIONS.—Title I of the National Envi-12
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 13
is amended by adding at the end the following: 14
‘‘SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF 15
REVIEW. 16
‘‘(a) T
HRESHOLDDETERMINATIONS.—An agency is 17
not required to prepare an environmental document with 18
respect to a proposed agency action if— 19
‘‘(1) the proposed agency action is not a final 20
agency action within the meaning of such term in 21
chapter 5 of title 5, United States Code; 22
‘‘(2) the proposed agency action is covered by 23
a categorical exclusion established by the agency, an-24
other Federal agency, or another provision of law; 25
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‘‘(3) the preparation of such document would 1
clearly and fundamentally conflict with the require-2
ments of another provision of law; 3
‘‘(4) the proposed agency action is, in whole or 4
in part, a nondiscretionary action with respect to 5
which such agency does not have authority to take 6
environmental factors into consideration in deter-7
mining whether to take the proposed action; 8
‘‘(5) the proposed agency action is a rulemaking 9
that is subject to section 553 of title 5, United 10
States Code; or 11
‘‘(6) the proposed agency action is an action for 12
which such agency’s compliance with another stat-13
ute’s requirements serve the same or similar func-14
tion as the requirements of this Act with respect to 15
such action. 16
‘‘(b) L
EVELS OFREVIEW.— 17
‘‘(1) E
NVIRONMENTAL IMPACT STATEMENT .— 18
An agency shall issue an environmental impact 19
statement with respect to a proposed agency action 20
that has a significant effect on the quality of the 21
human environment. 22
‘‘(2) E
NVIRONMENTAL ASSESSMENT .—An agen-23
cy shall prepare an environmental assessment with 24
respect to a proposed agency action that is not likely 25
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to have a significant effect on the quality of the 1
human environment, or if the significance of such ef-2
fect is unknown, unless the agency finds that a cat-3
egorical exclusion established by the agency, another 4
Federal agency, or another provision of law applies. 5
Such environmental assessment shall be a concise 6
public document prepared by a Federal agency to set 7
forth the basis of such agency’s finding of no signifi-8
cant impact. 9
‘‘(3) S
OURCES OF INFORMATION .—In making a 10
determination under this subsection, an agency— 11
‘‘(A) may make use of any reliable data 12
source; and 13
‘‘(B) is not required to undertake new sci-14
entific or technical research. 15
‘‘SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS. 16
‘‘(a) L
EADAGENCY.— 17
‘‘(1) D
ESIGNATION.— 18
‘‘(A) I
N GENERAL.—If there are two or 19
more involved Federal agencies, such agencies 20
shall determine, by letter or memorandum, 21
which agency shall be the lead agency based on 22
consideration of the following factors: 23
‘‘(i) Magnitude of agency’s involve-24
ment. 25
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‘‘(ii) Project approval or disapproval 1
authority. 2
‘‘(iii) Expertise concerning the ac-3
tion’s environmental effects. 4
‘‘(iv) Duration of agency’s involve-5
ment. 6
‘‘(v) Sequence of agency’s involve-7
ment. 8
‘‘(B) J
OINT LEAD AGENCIES .—In making 9
a determination under subparagraph (A), the 10
involved Federal agencies may, in addition to a 11
Federal agency, appoint such Federal, State, 12
Tribal, or local agencies as joint lead agencies 13
as the involved Federal agencies shall determine 14
appropriate. Joint lead agencies shall jointly 15
fulfill the role described in paragraph (2). 16
‘‘(C) M
INERAL PROJECTS .—This para-17
graph shall not apply with respect to a mineral 18
exploration or mine permit. 19
‘‘(2) R
OLE.—A lead agency shall, with respect 20
to a proposed agency action— 21
‘‘(A) supervise the preparation of an envi-22
ronmental document if, with respect to such 23
proposed agency action, there is more than one 24
involved Federal agency; 25
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‘‘(B) request the participation of each co-1
operating agency at the earliest practicable 2
time; 3
‘‘(C) in preparing an environmental docu-4
ment, give consideration to any analysis or pro-5
posal created by a cooperating agency with ju-6
risdiction by law or a cooperating agency with 7
special expertise; 8
‘‘(D) develop a schedule, in consultation 9
with each involved cooperating agency, the ap-10
plicant, and such other entities as the lead 11
agency determines appropriate, for completion 12
of any environmental review, permit, or author-13
ization required to carry out the proposed agen-14
cy action; 15
‘‘(E) if the lead agency determines that a 16
review, permit, or authorization will not be com-17
pleted in accordance with the schedule devel-18
oped under subparagraph (D), notify the agen-19
cy responsible for issuing such review, permit, 20
or authorization of the discrepancy and request 21
that such agency take such measures as such 22
agency determines appropriate to comply with 23
such schedule; and 24
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‘‘(F) meet with a cooperating agency that 1
requests such a meeting. 2
‘‘(3) C
OOPERATING AGENCY .—The lead agency 3
may, with respect to a proposed agency action, des-4
ignate any involved Federal agency or a State, Trib-5
al, or local agency as a cooperating agency. A co-6
operating agency may, not later than a date speci-7
fied by the lead agency, submit comments to the 8
lead agency. Such comments shall be limited to mat-9
ters relating to the proposed agency action with re-10
spect to which such agency has special expertise or 11
jurisdiction by law with respect to an environmental 12
issue. 13
‘‘(4) R
EQUEST FOR DESIGNATION .—Any Fed-14
eral, State, Tribal, or local agency or person that is 15
substantially affected by the lack of a designation of 16
a lead agency with respect to a proposed agency ac-17
tion under paragraph (1) may submit a written re-18
quest for such a designation to an involved Federal 19
agency. An agency that receives a request under this 20
paragraph shall transmit such request to each in-21
volved Federal agency and to the Council. 22
‘‘(5) C
OUNCIL DESIGNATION.— 23
‘‘(A) R
EQUEST.—Not earlier than 45 days 24
after the date on which a request is submitted 25
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under paragraph (4), if no designation has been 1
made under paragraph (1), a Federal, State, 2
Tribal, or local agency or person that is sub-3
stantially affected by the lack of a designation 4
of a lead agency may request that the Council 5
designate a lead agency. Such request shall con-6
sist of— 7
‘‘(i) a precise description of the nature 8
and extent of the proposed agency action; 9
and 10
‘‘(ii) a detailed statement with respect 11
to each involved Federal agency and each 12
factor listed in paragraph (1) regarding 13
which agency should serve as lead agency. 14
‘‘(B) T
RANSMISSION.—The Council shall 15
transmit a request received under subparagraph 16
(A) to each involved Federal agency. 17
‘‘(C) R
ESPONSE.—An involved Federal 18
agency may, not later than 20 days after the 19
date of the submission of a request under sub-20
paragraph (A), submit to the Council a re-21
sponse to such request. 22
‘‘(D) D
ESIGNATION.—Not later than 40 23
days after the date of the submission of a re-24
quest under subparagraph (A), the Council 25
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shall designate the lead agency with respect to 1
the relevant proposed agency action. 2
‘‘(b) O
NEDOCUMENT.— 3
‘‘(1) D
OCUMENT.—To the extent practicable, if 4
there are 2 or more involved Federal agencies with 5
respect to a proposed agency action and the lead 6
agency has determined that an environmental docu-7
ment is required, such requirement shall be deemed 8
satisfied with respect to all involved Federal agencies 9
if the lead agency issues such an environmental doc-10
ument. 11
‘‘(2) C
ONSIDERATION TIMING .—In developing 12
an environmental document for a proposed agency 13
action, no involved Federal agency shall be required 14
to consider any information that becomes available 15
after the sooner of, as applicable— 16
‘‘(A) receipt of a complete application with 17
respect to such proposed agency action; or 18
‘‘(B) publication of a notice of intent or 19
decision to prepare an environmental impact 20
statement for such proposed agency action. 21
‘‘(3) S
COPE OF REVIEW.—In developing an en-22
vironmental document for a proposed agency action, 23
the lead agency and any other involved Federal 24
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agencies shall only consider the effects of the pro-1
posed agency action that— 2
‘‘(A) occur on Federal land; or 3
‘‘(B) are subject to Federal control and re-4
sponsibility. 5
‘‘(c) R
EQUEST FORPUBLICCOMMENT.—Each notice 6
of intent to prepare an environmental impact statement 7
under section 102 shall include a request for public com-8
ment on alternatives or impacts and on relevant informa-9
tion, studies, or analyses with respect to the proposed 10
agency action. 11
‘‘(d) S
TATEMENT OF PURPOSE AND NEED.—Each 12
environmental impact statement shall include a statement 13
of purpose and need that briefly summarizes the under-14
lying purpose and need for the proposed agency action. 15
‘‘(e) E
STIMATEDTOTALCOST.—The cover sheet for 16
each environmental impact statement shall include a state-17
ment of the estimated total cost of preparing such environ-18
mental impact statement, including the costs of agency 19
full-time equivalent personnel hours, contractor costs, and 20
other direct costs. 21
‘‘(f) P
AGELIMITS.— 22
‘‘(1) E
NVIRONMENTAL IMPACT STATEMENTS .— 23
‘‘(A) I
N GENERAL.—Except as provided in 24
subparagraph (B), an environmental impact 25
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statement shall not exceed 150 pages, not in-1
cluding any citations or appendices. 2
‘‘(B) E
XTRAORDINARY COMPLEXITY .—An 3
environmental impact statement for a proposed 4
agency action of extraordinary complexity shall 5
not exceed 300 pages, not including any cita-6
tions or appendices. 7
‘‘(2) E
NVIRONMENTAL ASSESSMENTS .—An en-8
vironmental assessment shall not exceed 75 pages, 9
not including any citations or appendices. 10
‘‘(g) S
PONSORPREPARATION.—A lead agency shall 11
allow a project sponsor to prepare an environmental as-12
sessment or an environmental impact statement upon re-13
quest of the project sponsor. Such agency may provide 14
such sponsor with appropriate guidance and assist in the 15
preparation. The lead agency shall independently evaluate 16
the environmental document and shall take responsibility 17
for the contents upon adoption. 18
‘‘(h) D
EADLINES.— 19
‘‘(1) I
N GENERAL.—Except as provided in para-20
graph (2), with respect to a proposed agency action, 21
a lead agency shall complete, as applicable— 22
‘‘(A) the environmental impact statement 23
not later than the date that is 2 years after the 24
sooner of, as applicable— 25
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‘‘(i) the date on which such agency 1
determines that section 102(2)(C) requires 2
the issuance of an environmental impact 3
statement with respect to such action; 4
‘‘(ii) the date on which such agency 5
notifies the applicant that the application 6
to establish a right-of-way for such action 7
is complete; and 8
‘‘(iii) the date on which such agency 9
issues a notice of intent to prepare the en-10
vironmental impact statement for such ac-11
tion; and 12
‘‘(B) the environmental assessment not 13
later than the date that is 1 year after the 14
sooner of, as applicable— 15
‘‘(i) the date on which such agency 16
determines that section 106(b)(2) requires 17
the preparation of an environmental as-18
sessment with respect to such action; 19
‘‘(ii) the date on which such agency 20
notifies the applicant that the application 21
to establish a right-of-way for such action 22
is complete; and 23
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‘‘(iii) the date on which such agency 1
issues a notice of intent to prepare the en-2
vironmental assessment for such action. 3
‘‘(2) D
ELAY.—A lead agency that determines it 4
is not able to meet the deadline described in para-5
graph (1) may extend such deadline with the ap-6
proval of the applicant. If the applicant approves 7
such an extension, the lead agency shall establish a 8
new deadline that provides only so much additional 9
time as is necessary to complete such environmental 10
impact statement or environmental assessment. 11
‘‘(3) E
XPENDITURES FOR DELAY .—If a lead 12
agency is unable to meet the deadline described in 13
paragraph (1) or extended under paragraph (2), the 14
lead agency must pay $100 per day, to the extent 15
funding is provided in advance in an appropriations 16
Act, out of the office of the head of the department 17
of the lead agency to the applicant starting on the 18
first day immediately following the deadline de-19
scribed in paragraph (1) or extended under para-20
graph (2) up until the date that an applicant ap-21
proves a new deadline. This paragraph does not 22
apply when the lead agency misses a deadline solely 23
due to delays caused by litigation. 24
‘‘(i) R
EPORT.— 25
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‘‘(1) IN GENERAL.—The head of each lead 1
agency shall annually submit to the Committee on 2
Natural Resources of the House of Representatives 3
and the Committee on Environment and Public 4
Works of the Senate a report that— 5
‘‘(A) identifies any environmental assess-6
ment and environmental impact statement that 7
such lead agency did not complete by the dead-8
line described in subsection (h); and 9
‘‘(B) provides an explanation for any fail-10
ure to meet such deadline. 11
‘‘(2) I
NCLUSIONS.—Each report submitted 12
under paragraph (1) shall identify, as applicable— 13
‘‘(A) the office, bureau, division, unit, or 14
other entity within the Federal agency respon-15
sible for each such environmental assessment 16
and environmental impact statement; 17
‘‘(B) the date on which— 18
‘‘(i) such lead agency notified the ap-19
plicant that the application to establish a 20
right-of-way for the major Federal action 21
is complete; 22
‘‘(ii) such lead agency began the 23
scoping for the major Federal action; or 24
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‘‘(iii) such lead agency issued a notice 1
of intent to prepare the environmental as-2
sessment or environmental impact state-3
ment for the major Federal action; and 4
‘‘(C) when such environmental assessment 5
and environmental impact statement is expected 6
to be complete. 7
‘‘SEC. 108. JUDICIAL REVIEW. 8
‘‘(a) L
IMITATIONS ON CLAIMS.—Notwithstanding 9
any other provision of law, a claim arising under Federal 10
law seeking judicial review of compliance with this Act, 11
of a determination made under this Act, or of Federal ac-12
tion resulting from a determination made under this Act, 13
shall be barred unless— 14
‘‘(1) in the case of a claim pertaining to a pro-15
posed agency action for which— 16
‘‘(A) an environmental document was pre-17
pared and an opportunity for comment was pro-18
vided; 19
‘‘(B) the claim is filed by a party that par-20
ticipated in the administrative proceedings re-21
garding such environmental document; and 22
‘‘(C) the claim— 23
‘‘(i) is filed by a party that submitted 24
a comment during the public comment pe-25
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riod for such administrative proceedings 1
and such comment was sufficiently detailed 2
to put the lead agency on notice of the 3
issue upon which the party seeks judicial 4
review; and 5
‘‘(ii) is related to such comment; 6
‘‘(2) except as provided in subsection (b), such 7
claim is filed not later than 120 days after the date 8
of publication of a notice in the Federal Register of 9
agency intent to carry out the proposed agency ac-10
tion; 11
‘‘(3) such claim is filed after the issuance of a 12
record of decision or other final agency action with 13
respect to the relevant proposed agency action; 14
‘‘(4) such claim does not challenge the estab-15
lishment or use of a categorical exclusion under sec-16
tion 102; and 17
‘‘(5) such claim concerns— 18
‘‘(A) an alternative included in the envi-19
ronmental document; or 20
‘‘(B) an environmental effect considered in 21
the environmental document. 22
‘‘(b) S
UPPLEMENTAL ENVIRONMENTAL IMPACT 23
S
TATEMENT.— 24
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‘‘(1) SEPARATE FINAL AGENCY ACTION .—The 1
issuance of a Federal action resulting from a final 2
supplemental environmental impact statement shall 3
be considered a final agency action for the purposes 4
of chapter 5 of title 5, United States Code, separate 5
from the issuance of any previous environmental im-6
pact statement with respect to the same proposed 7
agency action. 8
‘‘(2) D
EADLINE FOR FILING A CLAIM .—A claim 9
seeking judicial review of a Federal action resulting 10
from a final supplemental environmental review 11
issued under section 102(2)(C) shall be barred un-12
less— 13
‘‘(A) such claim is filed within 120 days of 14
the date on which a notice of the Federal agen-15
cy action resulting from a final supplemental 16
environmental impact statement is issued; and 17
‘‘(B) such claim is based on information 18
contained in such supplemental environmental 19
impact statement that was not contained in a 20
previous environmental document pertaining to 21
the same proposed agency action. 22
‘‘(c) P
ROHIBITION ON INJUNCTIVERELIEF.—Not-23
withstanding any other provision of law, a violation of this 24
Act shall not constitute the basis for injunctive relief. 25
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‘‘(d) RULE OFCONSTRUCTION.—Nothing in this sec-1
tion shall be construed to create a right of judicial review 2
or place any limit on filing a claim with respect to the 3
violation of the terms of a permit, license, or approval. 4
‘‘(e) R
EMAND.—Notwithstanding any other provision 5
of law, no proposed agency action for which an environ-6
mental document is required shall be vacated or otherwise 7
limited, delayed, or enjoined unless a court concludes al-8
lowing such proposed action will pose a risk of an immi-9
nent and substantial environmental harm and there is no 10
other equitable remedy available as a matter of law. 11
‘‘SEC. 109. DEFINITIONS. 12
‘‘In this title: 13
‘‘(1) C
ATEGORICAL EXCLUSION .—The term 14
‘categorical exclusion’ means a category of actions 15
that a Federal agency has determined normally does 16
not significantly affect the quality of the human en-17
vironment within the meaning of section 102(2)(C). 18
‘‘(2) C
OOPERATING AGENCY .—The term ‘co-19
operating agency’ means any Federal, State, Tribal, 20
or local agency that has been designated as a co-21
operating agency under section 107(a)(3). 22
‘‘(3) C
OUNCIL.—The term ‘Council’ means the 23
Council on Environmental Quality established in 24
title II. 25
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‘‘(4) ENVIRONMENTAL ASSESSMENT .—The 1
term ‘environmental assessment’ means an environ-2
mental assessment prepared under section 3
106(b)(2). 4
‘‘(5) E
NVIRONMENTAL DOCUMENT .—The term 5
‘environmental document’ means an environmental 6
impact statement, an environmental assessment, or 7
a finding of no significant impact. 8
‘‘(6) E
NVIRONMENTAL IMPACT STATEMENT .— 9
The term ‘environmental impact statement’ means a 10
detailed written statement that is required by section 11
102(2)(C). 12
‘‘(7) F
INDING OF NO SIGNIFICANT IMPACT .— 13
The term ‘finding of no significant impact’ means a 14
determination by a Federal agency that a proposed 15
agency action does not require the issuance of an en-16
vironmental impact statement. 17
‘‘(8) I
NVOLVED FEDERAL AGENCY .—The term 18
‘involved Federal agency’ means an agency that, 19
with respect to a proposed agency action— 20
‘‘(A) proposed such action; or 21
‘‘(B) is involved in such action because 22
such action is directly related, through func-23
tional interdependence or geographic proximity, 24
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to an action such agency has taken or has pro-1
posed to take. 2
‘‘(9) L
EAD AGENCY.— 3
‘‘(A) I
N GENERAL.—Except as provided in 4
subparagraph (B), the term ‘lead agency’ 5
means, with respect to a proposed agency ac-6
tion— 7
‘‘(i) the agency that proposed such ac-8
tion; or 9
‘‘(ii) if there are 2 or more involved 10
Federal agencies with respect to such ac-11
tion, the agency designated under section 12
107(a)(1). 13
‘‘(B) S
PECIFICATION FOR MINERAL EX -14
PLORATION OR MINE PERMITS .—With respect 15
to a proposed mineral exploration or mine per-16
mit, the term ‘lead agency’ has the meaning 17
given such term in section 40206(a) of the In-18
frastructure Investment and Jobs Act. 19
‘‘(10) M
AJOR FEDERAL ACTION .— 20
‘‘(A) I
N GENERAL.—The term ‘major Fed-21
eral action’ means an action that the agency 22
carrying out such action determines is subject 23
to substantial Federal control and responsi-24
bility. 25
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‘‘(B) EXCLUSION.—The term ‘major Fed-1
eral action’ does not include— 2
‘‘(i) a non-Federal action— 3
‘‘(I) with no or minimal Federal 4
funding; 5
‘‘(II) with no or minimal Federal 6
involvement where a Federal agency 7
cannot control the outcome of the 8
project; or 9
‘‘(III) that does not include Fed-10
eral land; 11
‘‘(ii) funding assistance solely in the 12
form of general revenue sharing funds 13
which do not provide Federal agency com-14
pliance or enforcement responsibility over 15
the subsequent use of such funds; 16
‘‘(iii) loans, loan guarantees, or other 17
forms of financial assistance where a Fed-18
eral agency does not exercise sufficient 19
control and responsibility over the effect of 20
the action; 21
‘‘(iv) farm ownership and operating 22
loan guarantees by the Farm Service 23
Agency pursuant to sections 305 and 311 24
through 319 of the Consolidated Farmers 25
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Home Administration Act of 1961 (7 1
U.S.C. 1925 and 1941 through 1949); 2
‘‘(v) business loan guarantees pro-3
vided by the Small Business Administra-4
tion pursuant to section 7(a) or (b) and of 5
the Small Business Act (15 U.S.C. 6
636(a)), or title V of the Small Business 7
Investment Act of 1958 (15 U.S.C. 695 et 8
seq.); 9
‘‘(vi) bringing judicial or administra-10
tive civil or criminal enforcement actions; 11
or 12
‘‘(vii) extraterritorial activities or deci-13
sions, which means agency activities or de-14
cisions with effects located entirely outside 15
of the jurisdiction of the United States. 16
‘‘(C) A
DDITIONAL EXCLUSIONS .—An agen-17
cy action may not be determined to be a major 18
Federal action on the basis of— 19
‘‘(i) an interstate effect of the action 20
or related project; or 21
‘‘(ii) the provision of Federal funds 22
for the action or related project. 23
‘‘(11) M
INERAL EXPLORATION OR MINE PER -24
MIT.—The term ‘mineral exploration or mine permit’ 25
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has the meaning given such term in section 1
40206(a) of the Infrastructure Investment and Jobs 2
Act. 3
‘‘(12) P
ROPOSAL.—The term ‘proposal’ means 4
a proposed action at a stage when an agency has a 5
goal, is actively preparing to make a decision on one 6
or more alternative means of accomplishing that 7
goal, and can meaningfully evaluate its effects. 8
‘‘(13) R
EASONABLY FORESEEABLE .—The term 9
‘reasonably foreseeable’ means likely to occur— 10
‘‘(A) not later than 10 years after the lead 11
agency begins preparing the environmental doc-12
ument; and 13
‘‘(B) in an area directly affected by the 14
proposed agency action such that an individual 15
of ordinary prudence would take such occur-16
rence into account in reaching a decision. 17
‘‘(14) S
PECIAL EXPERTISE.—The term ‘special 18
expertise’ means statutory responsibility, agency 19
mission, or related program experience.’’. 20
SEC. 20203. CODIFICATION OF NATIONAL ENVIRONMENTAL 21
POLICY ACT REGULATIONS. 22
The revisions to the Code of Federal Regulations 23
made pursuant to the final rule of the Council on Environ-24
mental Quality titled ‘‘Update to the Regulations Imple-25
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menting the Procedural Provisions of the National Envi-1
ronmental Policy Act’’ and published on July 16, 2020 2
(85 Fed. Reg. 43304), shall have the same force and effect 3
of law as if enacted by an Act of Congress. 4
SEC. 20204. NON-MAJOR FEDERAL ACTIONS. 5
(a) E
XEMPTION.—An action by the Secretary con-6
cerned with respect to a covered activity shall be not con-7
sidered a major Federal action under section 102(2)(C) 8
of the National Environmental Policy Act of 1969 (42 9
U.S.C. 4332(2)(C)). 10
(b) C
OVEREDACTIVITY.—In this section, the term 11
‘‘covered activity’’ includes— 12
(1) geotechnical investigations; 13
(2) off-road travel in an existing right-of-way; 14
(3) construction of meteorological towers where 15
the total surface disturbance at the location is less 16
than 5 acres; 17
(4) adding a battery or other energy storage de-18
vice to an existing or planned energy facility, if that 19
storage resource is located within the physical foot-20
print of the existing or planned energy facility; 21
(5) drilling temperature gradient wells and 22
other geothermal exploratory wells, including con-23
struction or making improvements for such activi-24
ties, where— 25
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(A) the last cemented casing string is less 1
than 12 inches in diameter; and 2
(B) the total unreclaimed surface disturb-3
ance at any one time within the project area is 4
less than 5 acres; 5
(6) any repair, maintenance, upgrade, optimiza-6
tion, or minor addition to existing transmission and 7
distribution infrastructure, including— 8
(A) operation, maintenance, or repair of 9
power equipment and structures within existing 10
substations, switching stations, transmission, 11
and distribution lines; 12
(B) the addition, modification, retirement, 13
or replacement of breakers, transmission tow-14
ers, transformers, bushings, or relays; 15
(C) the voltage uprating, modification, 16
reconductoring with conventional or advanced 17
conductors, and clearance resolution of trans-18
mission lines; 19
(D) activities to minimize fire risk, includ-20
ing vegetation management, routine fire mitiga-21
tion, inspection, and maintenance activities, and 22
removal of hazard trees and other hazard vege-23
tation within or adjacent to an existing right-of- 24
way; 25
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(E) improvements to or construction of 1
structure pads for such infrastructure; and 2
(F) access and access route maintenance 3
and repairs associated with any activity de-4
scribed in subparagraph (A) through (E); 5
(7) approval of and activities conducted in ac-6
cordance with operating plans or agreements for 7
transmission and distribution facilities or under a 8
special use authorization for an electric transmission 9
and distribution facility right-of-way; and 10
(8) construction, maintenance, realignment, or 11
repair of an existing permanent or temporary access 12
road— 13
(A) within an existing right-of-way or with-14
in a transmission or utility corridor established 15
by Congress or in a land use plan; 16
(B) that serves an existing transmission 17
line, distribution line, or energy facility; or 18
(C) activities conducted in accordance with 19
existing onshore oil and gas leases. 20
SEC. 20205. NO NET LOSS DETERMINATION FOR EXISTING 21
RIGHTS-OF-WAY. 22
(a) I
NGENERAL.—Upon a determination by the Sec-23
retary concerned that there will be no overall long-term 24
net loss of vegetation, soil, or habitat, as defined by acre-25
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age and function, resulting from a proposed action, deci-1
sion, or activity within an existing right-of-way, within a 2
right-of-way corridor established in a land use plan, or in 3
an otherwise designated right-of-way, that action, deci-4
sion, or activity shall not be considered a major Federal 5
action under section 102(2)(C) of the National Environ-6
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 7
(b) I
NCLUSION OFREMEDIATION.—In making a de-8
termination under subsection (a), the Secretary concerned 9
shall consider the effect of any remediation work to be 10
conducted during the lifetime of the action, decision, or 11
activity when determining whether there will be any over-12
all long-term net loss of vegetation, soil, or habitat. 13
SEC. 20206. DETERMINATION OF NATIONAL ENVIRON-14
MENTAL POLICY ACT ADEQUACY. 15
The Secretary concerned shall use previously com-16
pleted environmental assessments and environmental im-17
pact statements to satisfy the requirements of section 102 18
of the National Environmental Policy Act of 1969 (42 19
U.S.C. 4332) with respect to any major Federal action, 20
if such Secretary determines that— 21
(1) the new proposed action is substantially the 22
same as a previously analyzed proposed action or al-23
ternative analyzed in a previous environmental as-24
sessment or environmental impact statement; and 25
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(2) the effects of the proposed action are sub-1
stantially the same as the effects analyzed in such 2
existing environmental assessments or environmental 3
impact statements. 4
SEC. 20207. DETERMINATION REGARDING RIGHTS-OF-WAY. 5
Not later than 60 days after the Secretary concerned 6
receives an application to grant a right-of-way, the Sec-7
retary concerned shall notify the applicant as to whether 8
the application is complete or deficient. If the Secretary 9
concerned determines the application is complete, the Sec-10
retary concerned may not consider any other application 11
to grant a right-of-way on the same or any overlapping 12
parcels of land while such application is pending. 13
SEC. 20208. TERMS OF RIGHTS-OF-WAY. 14
(a) F
IFTY-YEARTERMS FORRIGHTS-OF-WAY.— 15
(1) I
N GENERAL.—Any right-of-way for pipe-16
lines for the transportation or distribution of oil or 17
gas granted, issued, amended, or renewed under 18
Federal law may be limited to a term of not more 19
than 50 years before such right-of-way is subject to 20
renewal or amendment. 21
(2) F
EDERAL LAND POLICY AND MANAGEMENT 22
ACT OF 1976.—Section 501 of the Federal Land Pol-23
icy and Management Act of 1976 (43 U.S.C. 1761) 24
is amended by adding at the end the following: 25
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‘‘(e) Any right-of-way granted, issued, amended, or 1
renewed under subsection (a)(4) may be limited to a term 2
of not more than 50 years before such right-of-way is sub-3
ject to renewal or amendment.’’. 4
(b) M
INERALLEASINGACT.—Section 28(n) of the 5
Mineral Leasing Act (30 U.S.C. 185(n)) is amended by 6
striking ‘‘thirty’’ and inserting ‘‘50’’. 7
SEC. 20209. FUNDING TO PROCESS PERMITS AND DEVELOP 8
INFORMATION TECHNOLOGY. 9
(a) I
NGENERAL.—In fiscal years 2023 through 10
2025, the Secretary of Agriculture (acting through the 11
Forest Service) and the Secretary of the Interior, after 12
public notice, may accept and expend funds contributed 13
by non-Federal entities for dedicated staff, information re-14
source management, and information technology system 15
development to expedite the evaluation of permits, biologi-16
cal opinions, concurrence letters, environmental surveys 17
and studies, processing of applications, consultations, and 18
other activities for the leasing, development, or expansion 19
of an energy facility under the jurisdiction of the respec-20
tive Secretaries. 21
(b) E
FFECT ONPERMITTING.—In carrying out this 22
section, the Secretary of the Interior shall ensure that the 23
use of funds accepted under subsection (a) will not impact 24
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impartial decision making with respect to permits, either 1
substantively or procedurally. 2
(c) S
TATEMENT FOR FAILURETOACCEPT OREX-3
PENDFUNDS.—Not later than 60 days after the end of 4
the applicable fiscal year, if the Secretary of Agriculture 5
(acting through the Forest Service) or the Secretary of 6
the Interior does not accept funds contributed under sub-7
section (a) or accepts but does not expend such funds, that 8
Secretary shall submit to the Committee on Natural Re-9
sources of the House of Representatives and the Com-10
mittee on Energy and Natural Resources of the Senate 11
a statement explaining why such funds were not accepted, 12
were not expended, or both, as the case may be. 13
(d) P
ROHIBITION.—Notwithstanding any other provi-14
sion of law, the Secretary of Agriculture (acting through 15
the Forest Service) and the Secretary of the Interior may 16
not accept contributions, as authorized by subsection (a), 17
from non-Federal entities owned by the Communist Party 18
of China (or a person or entity acting on behalf of the 19
Communist Party of China). 20
(e) R
EPORT ONNON-FEDERALENTITIES.—Not later 21
than 60 days after the end of the applicable fiscal year, 22
the Secretary of Agriculture (acting through the Forest 23
Service) and the Secretary of the Interior shall submit to 24
the Committee on Natural Resources of the House of Rep-25
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resentatives and the Committee on Energy and Natural 1
Resources of the Senate a report that includes, for each 2
expenditure authorized by subsection (a)— 3
(1) the amount of funds accepted; and 4
(2) the contributing non-Federal entity. 5
SEC. 20210. OFFSHORE GEOLOGICAL AND GEOPHYSICAL 6
SURVEY LICENSING. 7
The Secretary of the Interior shall authorize geologi-8
cal and geophysical surveys related to oil and gas activities 9
on the Gulf of Mexico Outer Continental Shelf, except 10
within areas subject to existing oil and gas leasing mora-11
toria. Such authorizations shall be issued within 30 days 12
of receipt of a completed application and shall, as applica-13
ble to survey type, comply with the mitigation and moni-14
toring measures in subsections (a), (b), (c), (d), (f), and 15
(g) of section 217.184 of title 50, Code of Federal Regula-16
tions (as in effect on January 1, 2022), and section 17
217.185 of title 50, Code of Federal Regulations (as in 18
effect on January 1, 2022). Geological and geophysical 19
surveys authorized pursuant to this section are deemed to 20
be in full compliance with the Marine Mammal Protection 21
Act of 1972 (16 U.S.C. 1361 et seq.) and the Endangered 22
Species Act of 1973 (16 U.S.C. 1531 et seq.), and their 23
implementing regulations. 24
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SEC. 20211. DEFERRAL OF APPLICATIONS FOR PERMITS TO 1
DRILL. 2
Section 17(p)(3) of the Mineral Leasing Act (30 3
U.S.C. 226(p)(3)) is amended by adding at the end the 4
following: 5
‘‘(D) D
EFERRAL BASED ON FORMATTING 6
ISSUES.—A decision on an application for a 7
permit to drill may not be deferred under para-8
graph (2)(B) as a result of a formatting issue 9
with the permit, unless such formatting issue 10
results in missing information.’’. 11
SEC. 20212. PROCESSING AND TERMS OF APPLICATIONS 12
FOR PERMITS TO DRILL. 13
(a) E
FFECT OFPENDINGCIVILACTIONS.—Section 14
17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is 15
amended by adding at the end the following: 16
‘‘(4) E
FFECT OF PENDING CIVIL ACTION ON 17
PROCESSING APPLICATIONS FOR PERMITS TO 18
DRILL.—Pursuant to the requirements of paragraph 19
(2), notwithstanding the existence of any pending 20
civil actions affecting the application or related 21
lease, the Secretary shall process an application for 22
a permit to drill or other authorizations or approvals 23
under a valid existing lease, unless a United States 24
Federal court vacated such lease. Nothing in this 25
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paragraph shall be construed as providing authority 1
to a Federal court to vacate a lease.’’. 2
(b) T
ERM OFPERMITTODRILL.—Section 17 of the 3
Mineral Leasing Act (30 U.S.C. 226) is further amended 4
by adding at the end the following: 5
‘‘(u) T
ERM OFPERMITTODRILL.—A permit to drill 6
issued under this section after the date of the enactment 7
of this subsection shall be valid for one four-year term 8
from the date that the permit is approved, or until the 9
lease regarding which the permit is issued expires, which-10
ever occurs first.’’. 11
SEC. 20213. AMENDMENTS TO THE ENERGY POLICY ACT OF 12
2005. 13
Section 390 of the Energy Policy Act of 2005 (42 14
U.S.C. 15942) is amended to read as follows: 15
‘‘SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT RE-16
VIEW. 17
‘‘(a) N
ATIONALENVIRONMENTAL POLICYACTRE-18
VIEW.—Action by the Secretary of the Interior, in man-19
aging the public lands, or the Secretary of Agriculture, 20
in managing National Forest System lands, with respect 21
to any of the activities described in subsection (c), shall 22
not be considered a major Federal action for the purposes 23
of section 102(2)(C) of the National Environmental Policy 24
Act of 1969, if the activity is conducted pursuant to the 25
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Mineral Leasing Act (30 U.S.C. 181 et seq.) for the pur-1
pose of exploration or development of oil or gas. 2
‘‘(b) A
PPLICATION.—This section shall not apply to 3
an action of the Secretary of the Interior or the Secretary 4
of Agriculture on Indian lands or resources managed in 5
trust for the benefit of Indian Tribes. 6
‘‘(c) A
CTIVITIESDESCRIBED.—The activities re-7
ferred to in subsection (a) are as follows: 8
‘‘(1) Reinstating a lease pursuant to section 31 9
of the Mineral Leasing Act (30 U.S.C. 188). 10
‘‘(2) The following activities, provided that any 11
new surface disturbance is contiguous with the foot-12
print of the original authorization and does not ex-13
ceed 20 acres or the acreage has previously been 14
evaluated in a document previously prepared under 15
section 102(2)(C) of the National Environmental 16
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with re-17
spect to such activity: 18
‘‘(A) Drilling an oil or gas well at a well 19
pad site at which drilling has occurred pre-20
viously. 21
‘‘(B) Expansion of an existing oil or gas 22
well pad site to accommodate an additional well. 23
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‘‘(C) Expansion or modification of an ex-1
isting oil or gas well pad site, road, pipeline, fa-2
cility, or utility submitted in a sundry notice. 3
‘‘(3) Drilling of an oil or gas well at a new well 4
pad site, provided that the new surface disturbance 5
does not exceed 20 acres and the acreage evaluated 6
in a document previously prepared under section 7
102(2)(C) of the National Environmental Policy Act 8
of 1969 (42 U.S.C. 4332(2)(C)) with respect to such 9
activity, whichever is greater. 10
‘‘(4) Construction or realignment of a road, 11
pipeline, or utility within an existing right-of-way or 12
within a right-of-way corridor established in a land 13
use plan. 14
‘‘(5) The following activities when conducted 15
from non-Federal surface into federally owned min-16
erals, provided that the operator submits to the Sec-17
retary concerned certification of a surface use agree-18
ment with the non-Federal landowner: 19
‘‘(A) Drilling an oil or gas well at a well 20
pad site at which drilling has occurred pre-21
viously. 22
‘‘(B) Expansion of an existing oil or gas 23
well pad site to accommodate an additional well. 24
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‘‘(C) Expansion or modification of an ex-1
isting oil or gas well pad site, road, pipeline, fa-2
cility, or utility submitted in a sundry notice. 3
‘‘(6) Drilling of an oil or gas well from non- 4
Federal surface and non-Federal subsurface into 5
Federal mineral estate. 6
‘‘(7) Construction of up to 1 mile of new road 7
on Federal or non-Federal surface, not to exceed 2 8
miles in total. 9
‘‘(8) Construction of up to 3 miles of individual 10
pipelines or utilities, regardless of surface owner-11
ship.’’. 12
SEC. 20214. ACCESS TO FEDERAL ENERGY RESOURCES 13
FROM NON-FEDERAL SURFACE ESTATE. 14
(a) O
IL ANDGASPERMITS.—Section 17 of the Min-15
eral Leasing Act (30 U.S.C. 226) is further amended by 16
adding at the end the following: 17
‘‘(v) N
OFEDERALPERMITREQUIRED FOROIL AND 18
G
ASACTIVITIES ONCERTAINLAND.— 19
‘‘(1) I
N GENERAL.—The Secretary shall not re-20
quire an operator to obtain a Federal drilling permit 21
for oil and gas exploration and production activities 22
conducted on non-Federal surface estate, provided 23
that— 24
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‘‘(A) the United States holds an ownership 1
interest of less than 50 percent of the sub-2
surface mineral estate to be accessed by the 3
proposed action; and 4
‘‘(B) the operator submits to the Secretary 5
a State permit to conduct oil and gas explo-6
ration and production activities on the non-Fed-7
eral surface estate. 8
‘‘(2) N
O FEDERAL ACTION.—An oil and gas ex-9
ploration and production activity carried out under 10
paragraph (1)— 11
‘‘(A) shall not be considered a major Fed-12
eral action for the purposes of section 13
102(2)(C) of the National Environmental Policy 14
Act of 1969; 15
‘‘(B) shall require no additional Federal 16
action; 17
‘‘(C) may commence 30 days after submis-18
sion of the State permit to the Secretary; and 19
‘‘(D) shall not be subject to— 20
‘‘(i) section 306108 of title 54, United 21
States Code (commonly known as the Na-22
tional Historic Preservation Act of 1966); 23
and 24
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‘‘(ii) section 7 of the Endangered Spe-1
cies Act of 1973 (16 U.S.C. 1536). 2
‘‘(3) R
OYALTIES AND PRODUCTION ACCOUNT -3
ABILITY.—(A) Nothing in this subsection shall affect 4
the amount of royalties due to the United States 5
under this Act from the production of oil and gas, 6
or alter the Secretary’s authority to conduct audits 7
and collect civil penalties pursuant to the Federal 8
Oil and Gas Royalty Management Act of 1982 (30 9
U.S.C. 1701 et seq.). 10
‘‘(B) The Secretary may conduct onsite reviews 11
and inspections to ensure proper accountability, 12
measurement, and reporting of production of Fed-13
eral oil and gas, and payment of royalties. 14
‘‘(4) E
XCEPTIONS.—This subsection shall not 15
apply to actions on Indian lands or resources man-16
aged in trust for the benefit of Indian Tribes. 17
‘‘(5) I
NDIAN LAND.—In this subsection, the 18
term ‘Indian land’ means— 19
‘‘(A) any land located within the bound-20
aries of an Indian reservation, pueblo, or 21
rancheria; and 22
‘‘(B) any land not located within the 23
boundaries of an Indian reservation, pueblo, or 24
rancheria, the title to which is held— 25
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‘‘(i) in trust by the United States for 1
the benefit of an Indian tribe or an indi-2
vidual Indian; 3
‘‘(ii) by an Indian tribe or an indi-4
vidual Indian, subject to restriction against 5
alienation under laws of the United States; 6
or 7
‘‘(iii) by a dependent Indian commu-8
nity.’’. 9
(b) G
EOTHERMAL PERMITS.—The Geothermal 10
Steam Act of 1970 (30 U.S.C. 1001 et seq.) is amended 11
by adding at the end the following: 12
‘‘SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEO-13
THERMAL ACTIVITIES ON CERTAIN LAND. 14
‘‘(a) I
NGENERAL.—The Secretary shall not require 15
an operator to obtain a Federal drilling permit for geo-16
thermal exploration and production activities conducted on 17
a non-Federal surface estate, provided that— 18
‘‘(1) the United States holds an ownership in-19
terest of less than 50 percent of the subsurface geo-20
thermal estate to be accessed by the proposed action; 21
and 22
‘‘(2) the operator submits to the Secretary a 23
State permit to conduct geothermal exploration and 24
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production activities on the non-Federal surface es-1
tate. 2
‘‘(b) N
OFEDERALACTION.—A geothermal explo-3
ration and production activity carried out under para-4
graph (1)— 5
‘‘(1) shall not be considered a major Federal 6
action for the purposes of section 102(2)(C) of the 7
National Environmental Policy Act of 1969; 8
‘‘(2) shall require no additional Federal action; 9
‘‘(3) may commence 30 days after submission 10
of the State permit to the Secretary; and 11
‘‘(4) shall not be subject to— 12
‘‘(A) section 306108 of title 54, United 13
States Code (commonly known as the National 14
Historic Preservation Act of 1966); and 15
‘‘(B) section 7 of the Endangered Species 16
Act of 1973 (16 U.S.C. 1536). 17
‘‘(c) R
OYALTIES AND PRODUCTION ACCOUNT-18
ABILITY.—(1) Nothing in this section shall affect the 19
amount of royalties due to the United States under this 20
Act from the production of electricity using geothermal re-21
sources (other than direct use of geothermal resources) or 22
the production of any byproducts. 23
‘‘(2) The Secretary may conduct onsite reviews and 24
inspections to ensure proper accountability, measurement, 25
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and reporting of the production described in paragraph 1
(1), and payment of royalties. 2
‘‘(d) E
XCEPTIONS.—This section shall not apply to 3
actions on Indian lands or resources managed in trust for 4
the benefit of Indian Tribes. 5
‘‘(e) I
NDIANLAND.—In this section, the term ‘Indian 6
land’ means— 7
‘‘(1) any land located within the boundaries of 8
an Indian reservation, pueblo, or rancheria; and 9
‘‘(2) any land not located within the boundaries 10
of an Indian reservation, pueblo, or rancheria, the 11
title to which is held— 12
‘‘(A) in trust by the United States for the 13
benefit of an Indian tribe or an individual In-14
dian; 15
‘‘(B) by an Indian tribe or an individual 16
Indian, subject to restriction against alienation 17
under laws of the United States; or 18
‘‘(C) by a dependent Indian community.’’. 19
SEC. 20215. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL 20
AND GAS LEASES. 21
An environmental review for an oil and gas lease or 22
permit prepared pursuant to the requirements of the Na-23
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 24
et seq.) and its implementing regulations— 25
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(1) shall apply only to areas that are within or 1
immediately adjacent to the lease plot or plots and 2
that are directly affected by the proposed action; 3
and 4
(2) shall not require consideration of down-5
stream, indirect effects of oil and gas consumption. 6
SEC. 20216. EXPEDITING APPROVAL OF GATHERING LINES. 7
Section 11318(b)(1) of the Infrastructure Investment 8
and Jobs Act (42 U.S.C. 15943(b)(1)) is amended by 9
striking ‘‘to be an action that is categorically excluded (as 10
defined in section 1508.1 of title 40, Code of Federal Reg-11
ulations (as in effect on the date of enactment of this 12
Act))’’ and inserting ‘‘to not be a major Federal action’’. 13
SEC. 20217. LEASE SALE LITIGATION. 14
Notwithstanding any other provision of law, any oil 15
and gas lease sale held under section 17 of the Mineral 16
Leasing Act (26 U.S.C. 226) or the Outer Continental 17
Shelf Lands Act (43 U.S.C. 1331 et seq.) shall not be 18
vacated and activities on leases awarded in the sale shall 19
not be otherwise limited, delayed, or enjoined unless the 20
court concludes allowing development of the challenged 21
lease will pose a risk of an imminent and substantial envi-22
ronmental harm and there is no other equitable remedy 23
available as a matter of law. No court, in response to an 24
action brought pursuant to the National Environmental 25
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Policy Act of 1969 (42 U.S.C. et seq.), may enjoin or issue 1
any order preventing the award of leases to a bidder in 2
a lease sale conducted pursuant to section 17 of the Min-3
eral Leasing Act (26 U.S.C. 226) or the Outer Continental 4
Shelf Lands Act (43 U.S.C. 1331 et seq.) if the Depart-5
ment of the Interior has previously opened bids for such 6
leases or disclosed the high bidder for any tract that was 7
included in such lease sale. 8
SEC. 20218. LIMITATION ON CLAIMS. 9
(a) I
NGENERAL.—Notwithstanding any other provi-10
sion of law, a claim arising under Federal law seeking ju-11
dicial review of a permit, license, or approval issued by 12
a Federal agency for a mineral project, energy facility, or 13
energy storage device shall be barred unless— 14
(1) the claim is filed within 120 days after pub-15
lication of a notice in the Federal Register announc-16
ing that the permit, license, or approval is final pur-17
suant to the law under which the agency action is 18
taken, unless a shorter time is specified in the Fed-19
eral law pursuant to which judicial review is allowed; 20
and 21
(2) the claim is filed by a party that submitted 22
a comment during the public comment period for 23
such permit, license, or approval and such comment 24
was sufficiently detailed to put the agency on notice 25
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of the issue upon which the party seeks judicial re-1
view. 2
(b) S
AVINGSCLAUSE.—Nothing in this section shall 3
create a right to judicial review or place any limit on filing 4
a claim that a person has violated the terms of a permit, 5
license, or approval. 6
(c) T
RANSPORTATION PROJECTS.—Subsection (a) 7
shall not apply to or supersede a claim subject to section 8
139(l)(1) of title 23, United States Code. 9
(d) M
INERALPROJECT.—In this section, the term 10
‘‘mineral project’’ means a project— 11
(1) located on— 12
(A) a mining claim, millsite claim, or tun-13
nel site claim for any mineral; 14
(B) lands open to mineral entry; or 15
(C) a Federal mineral lease; and 16
(2) for the purposes of exploring for or pro-17
ducing minerals. 18
SEC. 20219. GOVERNMENT ACCOUNTABILITY OFFICE RE-19
PORT ON PERMITS TO DRILL. 20
(a) R
EPORT.—Not later than 1 year after the date 21
of enactment of this Act, the Comptroller General of the 22
United States shall issue a report detailing— 23
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(1) the approval timelines for applications for 1
permits to drill issued by the Bureau of Land Man-2
agement from 2018 through 2022; 3
(2) the number of applications for permits to 4
drill that were not issued within 30 days of receipt 5
of a completed application; and 6
(3) the causes of delays resulting in applica-7
tions for permits to drill pending beyond the 30 day 8
deadline required under section 17(p)(2) of the Min-9
eral Leasing Act (30 U.S.C. 226(p)(2)). 10
(b) R
ECOMMENDATIONS .—The report issued under 11
subsection (a) shall include recommendations with respect 12
to— 13
(1) actions the Bureau of Land Management 14
can take to streamline the approval process for ap-15
plications for permits to drill to approve applications 16
for permits to drill within 30 days of receipt of a 17
completed application; 18
(2) aspects of the Federal permitting process 19
carried out by the Bureau of Land Management to 20
issue applications for permits to drill that can be 21
turned over to States to expedite approval of appli-22
cations for permits to drill; and 23
(3) legislative actions that Congress must take 24
to allow States to administer certain aspects of the 25
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Federal permitting process described in paragraph 1
(2). 2
SEC. 20220. E–NEPA. 3
(a) P
ERMITTINGPORTALSTUDY.—The Council on 4
Environmental Quality shall conduct a study and submit 5
a report to Congress within 1 year of the enactment of 6
this Act on the potential to create an online permitting 7
portal for permits that require review under section 8
102(2)(C) of the National Environmental Policy Act of 9
1969 (42 U.S.C. 4332(2)(C)) that would— 10
(1) allow applicants to— 11
(A) submit required documents or mate-12
rials for their application in one unified portal; 13
(B) upload additional documents as re-14
quired by the applicable agency; and 15
(C) track the progress of individual appli-16
cations; 17
(2) enhance interagency coordination in con-18
sultation by— 19
(A) allowing for comments in one unified 20
portal; 21
(B) centralizing data necessary for reviews; 22
and 23
(C) streamlining communications between 24
other agencies and the applicant; and 25
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(3) boost transparency in agency decision-1
making. 2
(b) A
UTHORIZATION OFAPPROPRIATIONS.—There is 3
authorized to be appropriated $500,000 for the Council 4
of Environmental Quality to carry out the study directed 5
by this section. 6
SEC. 20221. LIMITATIONS ON CLAIMS. 7
(a) I
NGENERAL.—Section 139(l) of title 23, United 8
States Code, is amended by striking ‘‘150 days’’ each 9
place it appears and inserting ‘‘90 days’’. 10
(b) C
ONFORMINGAMENDMENTS.— 11
(1) Section 330(e) of title 23, United States 12
Code, is amended— 13
(A) in paragraph (2)(A), by striking ‘‘150 14
days’’ and inserting ‘‘90 days’’; and 15
(B) in paragraph (3)(B)(i), by striking 16
‘‘150 days’’ and inserting ‘‘90 days’’. 17
(2) Section 24201(a)(4) of title 49, United 18
States Code, is amended by striking ‘‘of 150 days’’. 19
SEC. 20222. ONE FEDERAL DECISION FOR PIPELINES. 20
(a) I
NGENERAL.—Chapter 601 of title 49, United 21
States Code, is amended by adding at the end the fol-22
lowing: 23
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‘‘§ 60144. Efficient environmental reviews and one 1
Federal decision 2
‘‘(a) E
FFICIENTENVIRONMENTAL REVIEWS.— 3
‘‘(1) I
N GENERAL.—The Secretary of Transpor-4
tation shall apply the project development proce-5
dures, to the greatest extent feasible, described in 6
section 139 of title 23 to any pipeline project that 7
requires the approval of the Secretary under the Na-8
tional Environmental Policy Act of 1969 (42 U.S.C. 9
4321 et seq.). 10
‘‘(2) R
EGULATIONS AND PROCEDURES .—In car-11
rying out paragraph (1), the Secretary shall incor-12
porate into agency regulations and procedures per-13
taining to pipeline projects described in paragraph 14
(1) aspects of such project development procedures, 15
or portions thereof, determined appropriate by the 16
Secretary in a manner consistent with this section, 17
that increase the efficiency of the review of pipeline 18
projects. 19
‘‘(3) D
ISCRETION.—The Secretary may choose 20
not to incorporate into agency regulations and proce-21
dures pertaining to pipeline projects described in 22
paragraph (1) such project development procedures 23
that could only feasibly apply to highway projects, 24
public transportation capital projects, and 25
multimodal projects. 26
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‘‘(4) APPLICABILITY.—Subsection (l) of section 1
139 of title 23 shall apply to pipeline projects de-2
scribed in paragraph (1). 3
‘‘(b) A
DDITIONALCATEGORICALEXCLUSIONS.—The 4
Secretary shall maintain and make publicly available, in-5
cluding on the Internet, a database that identifies project- 6
specific information on the use of a categorical exclusion 7
on any pipeline project carried out under this title.’’. 8
(b) C
LERICALAMENDMENT.—The analysis for chap-9
ter 601 of title 49, United States Code, is amended by 10
adding at the end the following: 11
‘‘60144. Efficient environmental reviews and one Federal decision.’’.
SEC. 20223. EXEMPTION OF CERTAIN WILDFIRE MITIGA-
12
TION ACTIVITIES FROM CERTAIN ENVIRON-13
MENTAL REQUIREMENTS. 14
(a) I
NGENERAL.—Wildfire mitigation activities of 15
the Secretary of the Interior and the Secretary of Agri-16
culture may be carried out without regard to the provi-17
sions of law specified in subsection (b). 18
(b) P
ROVISIONS OFLAWSPECIFIED.—The provisions 19
of law specified in this section are all Federal, State, or 20
other laws, regulations, and legal requirements of, deriving 21
from, or related to the subject of, the following laws: 22
(1) Section 102(2)(C) of the National Environ-23
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 24
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(2) The Endangered Species Act of 1973 (16 1
U.S.C. 1531 et seq.). 2
(c) W
ILDFIREMITIGATIONACTIVITY.—For purposes 3
of this section, the term ‘‘wildfire mitigation activity’’— 4
(1) is an activity conducted on Federal land 5
that is— 6
(A) under the administration of the Direc-7
tor of the National Park System, the Director 8
of the Bureau of Land Management, or the 9
Chief of the Forest Service; and 10
(B) within 300 feet of any permanent or 11
temporary road, as measured from the center of 12
such road; and 13
(2) includes forest thinning, hazardous fuel re-14
duction, prescribed burning, and vegetation manage-15
ment. 16
SEC. 20224. VEGETATION MANAGEMENT, FACILITY INSPEC-17
TION, AND OPERATION AND MAINTENANCE 18
RELATING TO ELECTRIC TRANSMISSION AND 19
DISTRIBUTION FACILITY RIGHTS OF WAY. 20
(a) H
AZARDTREESWITHIN50 FEET OFELECTRIC 21
P
OWERLINE.—Section 512(a)(1)(B)(ii) of the Federal 22
Land Policy and Management Act of 1976 (43 U.S.C. 23
1772(a)(1)(B)(ii)) is amended by striking ‘‘10’’ and in-24
serting ‘‘50’’. 25
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(b) CONSULTATIONWITHPRIVATELANDOWNERS.— 1
Section 512(c)(3)(E) of the Federal Land Policy and 2
Management Act of 1976 (43 U.S.C. 1772(c)(3)(E)) is 3
amended— 4
(1) in clause (i), by striking ‘‘and’’ at the end; 5
(2) in clause (ii), by striking the period and in-6
serting ‘‘; and’’; and 7
(3) by adding at the end the following: 8
‘‘(iii) consulting with private land-9
owners with respect to any hazard trees 10
identified for removal from land owned by 11
such private landowners.’’. 12
(c) R
EVIEW ANDAPPROVALPROCESS.—Clause (iv) 13
of section 512(c)(4)(A) of the Federal Land Policy and 14
Management Act of 1976 (43 U.S.C. 1772(c)(4)(A)) is 15
amended to read as follows: 16
‘‘(iv) ensures that— 17
‘‘(I) a plan submitted without a 18
modification under clause (iii) shall be 19
automatically approved 60 days after 20
review; and 21
‘‘(II) a plan submitted with a 22
modification under clause (iii) shall be 23
automatically approved 67 days after 24
review.’’. 25
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SEC. 20225. CATEGORICAL EXCLUSION FOR ELECTRIC UTIL-1
ITY LINES RIGHTS-OF-WAY. 2
(a) S
ECRETARYCONCERNEDDEFINED.—In this sec-3
tion, the term ‘‘Secretary concerned’’ means— 4
(1) the Secretary of Agriculture, with respect to 5
National Forest System lands; and 6
(2) the Secretary of the Interior, with respect 7
to public lands. 8
(b) C
ATEGORICALEXCLUSIONESTABLISHED.—For-9
est management activities described in subsection (c) are 10
a category of activities designated as being categorically 11
excluded from the preparation of an environmental assess-12
ment or an environmental impact statement under section 13
102 of the National Environmental Policy Act of 1969 (42 14
U.S.C. 4332). 15
(c) F
ORESTMANAGEMENTACTIVITIESDESIGNATED 16
FORCATEGORICALEXCLUSION.—The forest management 17
activities designated as being categorically excluded under 18
subsection (b) are— 19
(1) the development and approval of a vegeta-20
tion management, facility inspection, and operation 21
and maintenance plan submitted under section 22
512(c)(1) of the Federal Land Policy and Manage-23
ment Act of 1976 (43 U.S.C. 1772(c)(1)) by the 24
Secretary concerned; and 25
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(2) the implementation of routine activities con-1
ducted under the plan referred to in paragraph (1). 2
(d) A
VAILABILITY OFCATEGORICALEXCLUSION.— 3
On and after the date of the enactment of this Act, the 4
Secretary concerned may use the categorical exclusion es-5
tablished under subsection (b) in accordance with this sec-6
tion. 7
(e) E
XTRAORDINARY CIRCUMSTANCES.—Use of the 8
categorical exclusion established under subsection (b) shall 9
not be subject to the extraordinary circumstances proce-10
dures in section 220.6, title 36, Code of Federal Regula-11
tions, or section 1508.4, title 40, Code of Federal Regula-12
tions. 13
(f) E
XCLUSION OFCERTAINAREAS.—The categor-14
ical exclusion established under subsection (b) shall not 15
apply to any forest management activity conducted— 16
(1) in a component of the National Wilderness 17
Preservation System; or 18
(2) on National Forest System lands on which, 19
by Act of Congress, the removal of vegetation is re-20
stricted or prohibited. 21
(g) P
ERMANENTROADS.— 22
(1) P
ROHIBITION ON ESTABLISHMENT .—A for-23
est management activity designated under subsection 24
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(c) shall not include the establishment of a perma-1
nent road. 2
(2) E
XISTING ROADS.—The Secretary con-3
cerned may carry out necessary maintenance and re-4
pair on an existing permanent road for the purposes 5
of conducting a forest management activity des-6
ignated under subsection (c). 7
(3) T
EMPORARY ROADS .—The Secretary con-8
cerned shall decommission any temporary road con-9
structed for a forest management activity designated 10
under subsection (c) not later than 3 years after the 11
date on which the action is completed. 12
(h) A
PPLICABLELAWS.—A forest management activ-13
ity designated under subsection (c) shall not be subject 14
to section 7 of the Endangered Species Act of 1973 (16 15
U.S.C. 1536), section 106 of the National Historic Preser-16
vation Act, or any other applicable law. 17
SEC. 20226. STAFFING PLANS. 18
(a) I
NGENERAL.—Not later than 365 days after the 19
date of enactment of this Act, each local unit of the Na-20
tional Park Service, Bureau of Land Management, and 21
Forest Service shall conduct an outreach plan for dissemi-22
nating and advertising open civil service positions with 23
functions relating to permitting or natural resources in 24
their offices. Each such plan shall include outreach to local 25
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high schools, community colleges, institutions of higher 1
education, and any other relevant institutions, as deter-2
mined by the Secretary of the Interior or the Secretary 3
of Agriculture (as the case may be). 4
(b) C
OLLABORATIONPERMITTED.—Such local units 5
of the National Park Service, Bureau of Land Manage-6
ment, and Forest Service located in reasonably close geo-7
graphic areas may collaborate to produce a joint outreach 8
plan that meets the requirements of subsection (a). 9
Subtitle C—Permitting for Mining 10
Needs 11
SEC. 20301. DEFINITIONS. 12
In this subtitle: 13
(1) B
YPRODUCT.—The term ‘‘byproduct’’ has 14
the meaning given such term in section 7002(a) of 15
the Energy Act of 2020 (30 U.S.C. 1606(a)). 16
(2) I
NDIAN TRIBE.—The term ‘‘Indian Tribe’’ 17
has the meaning given such term in section 4 of the 18
Indian Self-Determination and Education Assistance 19
Act (25 U.S.C. 5304). 20
(3) M
INERAL.—The term ‘‘mineral’’ means any 21
mineral of a kind that is locatable (including, but 22
not limited to, such minerals located on ‘‘lands ac-23
quired by the United States’’, as such term is de-24
fined in section 2 of the Mineral Leasing Act for Ac-25
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quired Lands) under the Act of May 10, 1872 1
(Chapter 152; 17 Stat. 91). 2
(4) S
ECRETARY.—Except as otherwise provided, 3
the term ‘‘Secretary’’ means the Secretary of the In-4
terior. 5
(5) S
TATE.—The term ‘‘State’’ means— 6
(A) a State; 7
(B) the District of Columbia; 8
(C) the Commonwealth of Puerto Rico; 9
(D) Guam; 10
(E) American Samoa; 11
(F) the Commonwealth of the Northern 12
Mariana Islands; and 13
(G) the United States Virgin Islands. 14
SEC. 20302. MINERALS SUPPLY CHAIN AND RELIABILITY. 15
Section 40206 of the Infrastructure Investment and 16
Jobs Act (30 U.S.C. 1607) is amended— 17
(1) in the section heading, by striking ‘‘
CRIT-18
ICAL MINERALS ’’ and inserting ‘‘MINERALS’’; 19
(2) by amending subsection (a) to read as fol-20
lows: 21
‘‘(a) D
EFINITIONS.—In this section: 22
‘‘(1) L
EAD AGENCY.—The term ‘lead agency’ 23
means the Federal agency with primary responsi-24
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bility for issuing a mineral exploration or mine per-1
mit or lease for a mineral project. 2
‘‘(2) M
INERAL.—The term ‘mineral’ has the 3
meaning given such term in section 20301 of the 4
TAPP American Resources Act. 5
‘‘(3) M
INERAL EXPLORATION OR MINE PER -6
MIT.—The term ‘mineral exploration or mine permit’ 7
means— 8
‘‘(A) an authorization of the Bureau of 9
Land Management or the Forest Service, as ap-10
plicable, for exploration for minerals that re-11
quires analysis under the National Environ-12
mental Policy Act of 1969; 13
‘‘(B) a plan of operations for a mineral 14
project approved by the Bureau of Land Man-15
agement or the Forest Service; or 16
‘‘(C) any other Federal permit or author-17
ization for a mineral project. 18
‘‘(4) M
INERAL PROJECT.—The term ‘mineral 19
project’ means a project— 20
‘‘(A) located on— 21
‘‘(i) a mining claim, millsite claim, or 22
tunnel site claim for any mineral; 23
‘‘(ii) lands open to mineral entry; or 24
‘‘(iii) a Federal mineral lease; and 25
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‘‘(B) for the purposes of exploring for or 1
producing minerals.’’; 2
(3) in subsection (b), by striking ‘‘critical’’ each 3
place such term appears; 4
(4) in subsection (c)— 5
(A) by striking ‘‘critical mineral production 6
on Federal land’’ and inserting ‘‘mineral 7
projects’’; 8
(B) by inserting ‘‘, and in accordance with 9
subsection (h)’’ after ‘‘to the maximum extent 10
practicable’’; 11
(C) by striking ‘‘shall complete the’’ and 12
inserting ‘‘shall complete such’’; 13
(D) in paragraph (1), by striking ‘‘critical 14
mineral-related activities on Federal land’’ and 15
inserting ‘‘mineral projects’’; 16
(E) in paragraph (8), by striking the 17
‘‘and’’ at the end; 18
(F) in paragraph (9), by striking ‘‘proce-19
dures.’’ and inserting ‘‘procedures; and’’; and 20
(G) by adding at the end the following: 21
‘‘(10) deferring to and relying on baseline data, 22
analyses, and reviews performed by State agencies 23
with jurisdiction over the environmental or reclama-24
tion permits for the proposed mineral project.’’; 25
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(5) in subsection (d)— 1
(A) by striking ‘‘critical’’ each place such 2
term appears; and 3
(B) in paragraph (3), by striking ‘‘mineral- 4
related activities on Federal land’’ and inserting 5
‘‘mineral projects’’; 6
(6) in subsection (e), by striking ‘‘critical’’; 7
(7) in subsection (f), by striking ‘‘critical’’ each 8
place such term appears; 9
(8) in subsection (g), by striking ‘‘critical’’ each 10
place such term appears; and 11
(9) by adding at the end the following: 12
‘‘(h) O
THERREQUIREMENTS.— 13
‘‘(1) M
EMORANDUM OF AGREEMENT .—For pur-14
poses of maximizing efficiency and effectiveness of 15
the Federal permitting and review processes de-16
scribed under subsection (c), the lead agency in the 17
Federal permitting and review processes of a min-18
eral project shall (in consultation with any other 19
Federal agency involved in such Federal permitting 20
and review processes, and upon request of the 21
project applicant, an affected State government, 22
local government, or an Indian Tribe, or other entity 23
such lead agency determines appropriate) enter into 24
a memorandum of agreement with a project appli-25
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cant where requested by the applicant to carry out 1
the activities described in subsection (c). 2
‘‘(2) T
IMELINES AND SCHEDULES FOR NEPA 3
REVIEWS.— 4
‘‘(A) E
XTENSION.—A project applicant 5
may enter into 1 or more agreements with a 6
lead agency to extend the deadlines described in 7
subparagraphs (A) and (B) of subsection (h)(1) 8
of section 107 of title I of the National Envi-9
ronmental Policy Act of 1969 by, with respect 10
to each such agreement, not more than 6 11
months. 12
‘‘(B) A
DJUSTMENT OF TIMELINES .—At 13
the request of a project applicant, the lead 14
agency and any other entity which is a signa-15
tory to a memorandum of agreement under 16
paragraph (1) may, by unanimous agreement, 17
adjust— 18
‘‘(i) any deadlines described in sub-19
paragraph (A); and 20
‘‘(ii) any deadlines extended under 21
subparagraph (B). 22
‘‘(3) E
FFECT ON PENDING APPLICATIONS .— 23
Upon a written request by a project applicant, the 24
requirements of this subsection shall apply to any 25
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application for a mineral exploration or mine permit 1
or mineral lease that was submitted before the date 2
of the enactment of the TAPP American Resources 3
Act.’’. 4
SEC. 20303. FEDERAL REGISTER PROCESS IMPROVEMENT. 5
Section 7002(f) of the Energy Act of 2020 (30 6
U.S.C. 1606(f)) is amended— 7
(1) in paragraph (2), by striking ‘‘critical’’ both 8
places such term appears; and 9
(2) by striking paragraph (4). 10
SEC. 20304. DESIGNATION OF MINING AS A COVERED SEC-11
TOR FOR FEDERAL PERMITTING IMPROVE-12
MENT PURPOSES. 13
Section 41001(6)(A) of the FAST Act (42 U.S.C. 14
4370m(6)(A)) is amended by inserting ‘‘mineral produc-15
tion,’’ before ‘‘or any other sector’’. 16
SEC. 20305. TREATMENT OF ACTIONS UNDER PRESI-17
DENTIAL DETERMINATION 2022–11 FOR FED-18
ERAL PERMITTING IMPROVEMENT PUR-19
POSES. 20
(a) I
NGENERAL.—Except as provided by subsection 21
(c), an action described in subsection (b) shall be— 22
(1) treated as a covered project, as defined in 23
section 41001(6) of the FAST Act (42 U.S.C. 24
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4370m(6)), without regard to the requirements of 1
that section; and 2
(2) included in the Permitting Dashboard main-3
tained pursuant to section 41003(b) of that Act (42 4
13 U.S.C. 4370m–2(b)). 5
(b) A
CTIONSDESCRIBED.—An action described in 6
this subsection is an action taken by the Secretary of De-7
fense pursuant to Presidential Determination 2022–11 8
(87 Fed. Reg. 19775; relating to certain actions under 9
section 303 of the Defense Production Act of 1950) or 10
the Presidential Memorandum of February 27, 2023, ti-11
tled ‘‘Presidential Waiver of Statutory Requirements Pur-12
suant to Section 303 of the Defense Production Act of 13
1950, as amended, on Department of Defense Supply 14
Chains Resilience’’ (88 Fed. Reg. 13015) to create, main-15
tain, protect, expand, or restore sustainable and respon-16
sible domestic production capabilities through— 17
(1) supporting feasibility studies for mature 18
mining, beneficiation, and value-added processing 19
projects; 20
(2) byproduct and co-product production at ex-21
isting mining, mine waste reclamation, and other in-22
dustrial facilities; 23
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(3) modernization of mining, beneficiation, and 1
value-added processing to increase productivity, envi-2
ronmental sustainability, and workforce safety; or 3
(4) any other activity authorized under section 4
303(a)(1) of the Defense Production Act of 1950 15 5
(50 U.S.C. 4533(a)(1)). 6
(c) E
XCEPTION.—An action described in subsection 7
(b) may not be treated as a covered project or be included 8
in the Permitting Dashboard under subsection (a) if the 9
project sponsor (as defined in section 41001(18) of the 10
FAST Act (42 U.S.C. 21 4370m(18))) requests that the 11
action not be treated as a covered project. 12
SEC. 20306. NOTICE FOR MINERAL EXPLORATION ACTIVI-13
TIES WITH LIMITED SURFACE DISTURBANCE. 14
(a) I
NGENERAL.—Not later than 15 days before 15
commencing an exploration activity with a surface disturb-16
ance of not more than 5 acres of public lands, the operator 17
of such exploration activity shall submit to the Secretary 18
concerned a complete notice of such exploration activity. 19
(b) I
NCLUSIONS.—Notice submitted under subsection 20
(a) shall include such information the Secretary concerned 21
may require, including the information described in sec-22
tion 3809.301 of title 43, Code of Federal Regulations (or 23
any successor regulation). 24
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(c) REVIEW.—Not later than 15 days after the Sec-1
retary concerned receives notice submitted under sub-2
section (a), the Secretary concerned shall— 3
(1) review and determine completeness of the 4
notice; and 5
(2) allow exploration activities to proceed if— 6
(A) the surface disturbance of such explo-7
ration activities on such public lands will not 8
exceed 5 acres; 9
(B) the Secretary concerned determines 10
that the notice is complete; and 11
(C) the operator provides financial assur-12
ance that the Secretary concerned determines is 13
adequate. 14
(d) D
EFINITIONS.—In this section: 15
(1) E
XPLORATION ACTIVITY.—The term ‘‘explo-16
ration activity’’— 17
(A) means creating surface disturbance 18
greater than casual use that includes sampling, 19
drilling, or developing surface or underground 20
workings to evaluate the type, extent, quantity, 21
or quality of mineral values present; 22
(B) includes constructing drill roads and 23
drill pads, drilling, trenching, excavating test 24
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pits, and conducting geotechnical tests and geo-1
physical surveys; and 2
(C) does not include activities where mate-3
rial is extracted for commercial use or sale. 4
(2) S
ECRETARY CONCERNED .—The term ‘‘Sec-5
retary concerned’’ means— 6
(A) with respect to lands administered by 7
the Secretary of the Interior, the Secretary of 8
the Interior; and 9
(B) with respect to National Forest Sys-10
tem lands, the Secretary of Agriculture. 11
SEC. 20307. USE OF MINING CLAIMS FOR ANCILLARY AC-12
TIVITIES. 13
Section 10101 of the Omnibus Budget Reconciliation 14
Act of 1993 (30 U.S.C. 28f) is amended by adding at the 15
end the following: 16
‘‘(e) S
ECURITY OFTENURE.— 17
‘‘(1) I
N GENERAL.— 18
‘‘(A) I
N GENERAL.—A claimant shall have 19
the right to use, occupy, and conduct operations 20
on public land, with or without the discovery of 21
a valuable mineral deposit, if— 22
‘‘(i) such claimant makes a timely 23
payment of the location fee required by 24
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section 10102 and the claim maintenance 1
fee required by subsection (a); or 2
‘‘(ii) in the case of a claimant who 3
qualifies for a waiver under subsection (d), 4
such claimant makes a timely payment of 5
the location fee and complies with the re-6
quired assessment work under the general 7
mining laws. 8
‘‘(B) O
PERATIONS DEFINED .—For the 9
purposes of this paragraph, the term ‘oper-10
ations’ means— 11
‘‘(i) any activity or work carried out 12
in connection with prospecting, exploration, 13
processing, discovery and assessment, de-14
velopment, or extraction with respect to a 15
locatable mineral; 16
‘‘(ii) the reclamation of any disturbed 17
areas; and 18
‘‘(iii) any other reasonably incident 19
uses, whether on a mining claim or not, in-20
cluding the construction and maintenance 21
of facilities, roads, transmission lines, pipe-22
lines, and any other necessary infrastruc-23
ture or means of access on public land for 24
support facilities. 25
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‘‘(2) FULFILLMENT OF FEDERAL LAND POLICY 1
AND MANAGEMENT ACT .—A claimant that fulfills 2
the requirements of this section and section 10102 3
shall be deemed to satisfy the requirements of any 4
provision of the Federal Land Policy and Manage-5
ment Act that requires the payment of fair market 6
value to the United States for use of public lands 7
and resources relating to use of such lands and re-8
sources authorized by the general mining laws. 9
‘‘(3) S
AVINGS CLAUSE.—Nothing in this sub-10
section may be construed to diminish the rights of 11
entry, use, and occupancy, or any other right, of a 12
claimant under the general mining laws.’’. 13
SEC. 20308. ENSURING CONSIDERATION OF URANIUM AS A 14
CRITICAL MINERAL. 15
(a) I
NGENERAL.—Section 7002(a)(3)(B)(i) of the 16
Energy Act of 2020 (30 U.S.C. 1606(a)(3)(B)(i)) is 17
amended to read as follows: 18
‘‘(i) oil, oil shale, coal, or natural 19
gas;’’. 20
(b) U
PDATE.—Not later than 60 days after the date 21
of the enactment of this section, the Secretary, acting 22
through the Director of the United States Geological Sur-23
vey, shall publish in the Federal Register an update to 24
the final list established in section 7002(c)(3) of the En-25
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ergy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance 1
with subsection (a) of this section. 2
(c) R
EPORT.—Not later than 180 days after the date 3
of the enactment of this section, the Secretary, acting 4
through the Director of the United States Geological Sur-5
vey, in consultation with the Secretary of Energy, shall 6
submit to the appropriate committees of Congress a report 7
that includes the following: 8
(1) The current status of uranium deposits in 9
the United States with respect to the amount and 10
quality of uranium contained in such deposits. 11
(2) A comparison of the United States to the 12
rest of the world with respect to the amount and 13
quality of uranium contained in uranium deposits. 14
(3) Policy considerations, including potential 15
challenges, of utilizing the uranium from the depos-16
its described in paragraph (1). 17
SEC. 20309. BARRING FOREIGN BAD ACTORS FROM OPER-18
ATING ON FEDERAL LANDS. 19
A mining claimant shall be barred from the right to 20
use, occupy, and conduct operations on Federal land if the 21
Secretary of the Interior finds the claimant has a foreign 22
parent company that has (including through a sub-23
sidiary)— 24
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(1) a known record of human rights violations; 1
or 2
(2) knowingly operated an illegal mine in an-3
other country. 4
SEC. 20310. PERMIT PROCESS FOR PROJECTS RELATING TO 5
EXTRACTION, RECOVERY, OR PROCESSING 6
OF CRITICAL MATERIALS. 7
(a) D
EFINITION OFCOVEREDPROJECT.—Section 8
41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) 9
is amended— 10
(1) in clause (iii)(III), by striking ‘‘; or’’ and in-11
serting ‘‘;’’; 12
(2) in clause (iv)(II), by striking the period at 13
the end and inserting ‘‘; or’’; and 14
(3) by adding at the end the following: 15
‘‘(v) is related to the extraction, recov-16
ery, or processing from coal, coal waste, 17
coal processing waste, pre-or post-combus-18
tion coal byproducts, or acid mine drainage 19
from coal mines of— 20
‘‘(I) critical minerals (as such 21
term is defined in section 7002 of the 22
Energy Act of 2020); 23
‘‘(II) rare earth elements; or 24
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‘‘(III) microfine carbon or carbon 1
from coal.’’. 2
(b) R
EPORT.—Not later than 6 months after the date 3
of enactment of this Act, the Secretary of the Interior 4
shall submit to the Committees on Energy and Natural 5
Resources and Commerce, Science, and Transportation of 6
the Senate and the Committees on Transportation and In-7
frastructure, Natural Resources, and Energy and Com-8
merce of the House of Representatives a report evaluating 9
the timeliness of implementation of reforms of the permit-10
ting process required as a result of the amendments made 11
by this section on the following: 12
(1) The economic and national security of the 13
United States. 14
(2) Domestic production and supply of critical 15
minerals, rare earths, and microfine carbon or car-16
bon from coal. 17
SEC. 20311. NATIONAL STRATEGY TO RE-SHORE MINERAL 18
SUPPLY CHAINS. 19
(a) I
NGENERAL.—Not later than 180 days after the 20
date of enactment of this Act, the United States Geologi-21
cal Survey, in consultation with the Secretaries of De-22
fense, Energy, and State, shall— 23
(1) identify mineral commodities that— 24
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(A) serve a critical purpose to the national 1
security of the United States, including with re-2
spect to military, defense, and strategic mobility 3
applications; and 4
(B) are at highest risk of supply chain dis-5
ruption due to the domestic or global actions of 6
any covered entity, including price-fixing, sys-7
temic acquisition and control of global mineral 8
resources and processing, refining, and smelting 9
capacity, and undercutting the fair market 10
value of such resources; and 11
(2) develop a national strategy for bolstering 12
supply chains in the United States for the mineral 13
commodities identified under paragraph (1), includ-14
ing through the enactment of new national policies 15
and the utilization of current authorities, to increase 16
capacity and efficiency of domestic mining, refining, 17
processing, and manufacturing of such mineral com-18
modities. 19
(b) C
OVEREDENTITY.—In this section, the term 20
‘‘covered entity’’ means an entity that— 21
(1) is subject to the jurisdiction or direction of 22
the People’s Republic of China; 23
(2) is directly or indirectly operating on behalf 24
of the People’s Republic of China; or 25
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(3) is owned by, directly or indirectly controlled 1
by, or otherwise subject to the influence of the Peo-2
ple’s Republic of China. 3
Subtitle D—Federal Land Use 4
Planning 5
SEC. 20401. FEDERAL LAND USE PLANNING AND WITH-6
DRAWALS. 7
(a) R
ESOURCEASSESSMENTSREQUIRED.—Federal 8
lands and waters may not be withdrawn from entry under 9
the mining laws or operation of the mineral leasing and 10
mineral materials laws unless— 11
(1) a quantitative and qualitative geophysical 12
and geological mineral resource assessment of the 13
impacted area has been completed during the 10- 14
year period ending on the date of such withdrawal; 15
(2) the Secretary, in consultation with the Sec-16
retary of Commerce, the Secretary of Energy, and 17
the Secretary of Defense, conducts an assessment of 18
the economic, energy, strategic, and national secu-19
rity value of mineral deposits identified in such min-20
eral resource assessment; 21
(3) the Secretary conducts an assessment of the 22
reduction in future Federal revenues to the Treas-23
ury, States, the Land and Water Conservation 24
Fund, the Historic Preservation Fund, and the Na-25
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tional Parks and Public Land Legacy Restoration 1
Fund resulting from the proposed mineral with-2
drawal; 3
(4) the Secretary, in consultation with the Sec-4
retary of Defense, conducts an assessment of mili-5
tary readiness and training activities in the proposed 6
withdrawal area; and 7
(5) the Secretary submits a report to the Com-8
mittees on Natural Resources, Agriculture, Energy 9
and Commerce, and Foreign Affairs of the House of 10
Representatives and the Committees on Energy and 11
Natural Resources, Agriculture, and Foreign Affairs 12
of the Senate, that includes the results of the assess-13
ments completed pursuant to this subsection. 14
(b) L
ANDUSEPLANS.—Before a resource manage-15
ment plan under the Federal Land Policy and Manage-16
ment Act of 1976 (43 U.S.C. 1701 et seq.) or a forest 17
management plan under the National Forest Management 18
Act is updated or completed, the Secretary or Secretary 19
of Agriculture, as applicable, in consultation with the Di-20
rector of the United States Geological Survey, shall— 21
(1) review any quantitative and qualitative min-22
eral resource assessment that was completed or up-23
dated during the 10-year period ending on the date 24
that the applicable land management agency pub-25
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lishes a notice to prepare, revise, or amend a land 1
use plan by the Director of the United States Geo-2
logical Survey for the geographic area affected by 3
the applicable management plan; 4
(2) the Secretary, in consultation with the Sec-5
retary of Commerce, the Secretary of Energy, and 6
the Secretary of Defense, conducts an assessment of 7
the economic, energy, strategic, and national secu-8
rity value of mineral deposits identified in such min-9
eral resource assessment; and 10
(3) submit a report to the Committees on Nat-11
ural Resources, Agriculture, Energy and Commerce, 12
and Foreign Affairs of the House of Representatives 13
and the Committees on Energy and Natural Re-14
sources, Agriculture, and Foreign Affairs of the Sen-15
ate, that includes the results of the assessment com-16
pleted pursuant to this subsection. 17
(c) N
EWINFORMATION.—The Secretary shall provide 18
recommendations to the President on appropriate meas-19
ures to reduce unnecessary impacts that a withdrawal of 20
Federal lands or waters from entry under the mining laws 21
or operation of the mineral leasing and mineral materials 22
laws may have on mineral exploration, development, and 23
other mineral activities (including authorizing exploration 24
and development of such mineral deposits) not later than 25
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180 days after the Secretary has notice that a resource 1
assessment completed by the Director of the United States 2
Geological Survey, in coordination with the State geologi-3
cal surveys, determines that a previously undiscovered 4
mineral deposit may be present in an area that has been 5
withdrawn from entry under the mining laws or operation 6
of the mineral leasing and mineral materials laws pursu-7
ant to— 8
(1) section 204 of the Federal Land Policy and 9
Management Act of 1976 (43 U.S.C. 1714); or 10
(2) chapter 3203 of title 54, United States 11
Code. 12
SEC. 20402. PROHIBITIONS ON DELAY OF MINERAL DEVEL-13
OPMENT OF CERTAIN FEDERAL LAND. 14
(a) P
ROHIBITIONS.—Notwithstanding any other pro-15
vision of law, the President shall not carry out any action 16
that would pause, restrict, or delay the process for or 17
issuance of any of the following on Federal land, unless 18
such lands are withdrawn from disposition under the min-19
eral leasing laws, including by administrative withdrawal: 20
(1) New oil and gas lease sales, oil and gas 21
leases, drill permits, or associated approvals or au-22
thorizations of any kind associated with oil and gas 23
leases. 24
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(2) New coal leases (including leases by applica-1
tion in process, renewals, modifications, or expan-2
sions of existing leases), permits, approvals, or au-3
thorizations. 4
(3) New leases, claims, permits, approvals, or 5
authorizations for development or exploration of 6
minerals. 7
(b) P
ROHIBITION ONRESCISSION OFLEASES, PER-8
MITS, ORCLAIMS.—The President, the Secretary, or Sec-9
retary of Agriculture as applicable, may not rescind any 10
existing lease, permit, or claim for the extraction and pro-11
duction of any mineral under the mining laws or mineral 12
leasing and mineral materials laws on National Forest 13
System land or land under the jurisdiction of the Bureau 14
of Land Management, unless specifically authorized by 15
Federal statute, or upon the lessee, permittee, or claim-16
ant’s failure to comply with any of the provisions of the 17
applicable lease, permit, or claim. 18
(c) M
INERALDEFINED.—In subsection (a)(3), the 19
term ‘‘mineral’’ means any mineral of a kind that is 20
locatable (including such minerals located on ‘‘lands ac-21
quired by the United States’’, as such term is defined in 22
section 2 of the Mineral Leasing Act for Acquired Lands) 23
under the Act of May 10, 1872 (Chapter 152; 17 Stat. 24
91). 25
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SEC. 20403. DEFINITIONS. 1
In this subtitle: 2
(1) F
EDERAL LAND.—The term ‘‘Federal land’’ 3
means— 4
(A) National Forest System land; 5
(B) public lands (as defined in section 103 6
of the Federal Land Policy and Management 7
Act of 1976 (43 U.S.C. 1702)); 8
(C) the outer Continental Shelf (as defined 9
in section 2 of the Outer Continental Shelf 10
Lands Act (43 U.S.C. 1331)); and 11
(D) land managed by the Secretary of En-12
ergy. 13
(2) P
RESIDENT.—The term ‘‘President’’ 14
means— 15
(A) the President; and 16
(B) any designee of the President, includ-17
ing— 18
(i) the Secretary of Agriculture; 19
(ii) the Secretary of Commerce; 20
(iii) the Secretary of Energy; and 21
(iv) the Secretary of the Interior. 22
(3) P
REVIOUSLY UNDISCOVERED DEPOSIT .— 23
The term ‘‘previously undiscovered mineral deposit’’ 24
means— 25
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(A) a mineral deposit that has been pre-1
viously evaluated by the United States Geologi-2
cal Survey and found to be of low mineral po-3
tential, but upon subsequent evaluation is de-4
termined by the United States Geological Sur-5
vey to have significant mineral potential; or 6
(B) a mineral deposit that has not pre-7
viously been evaluated by the United States Ge-8
ological Survey. 9
(4) S
ECRETARY.—The term ‘‘Secretary’’ means 10
the Secretary of the Interior. 11
Subtitle E—Ensuring 12
Competitiveness on Federal Lands 13
SEC. 20501. INCENTIVIZING DOMESTIC PRODUCTION. 14
(a) O
FFSHOREOIL ANDGASROYALTYRATE.—Sec-15
tion 8(a)(1) of the Outer Continental Shelf Lands Act (43 16
U.S.C. 1337(a)(1)) is amended— 17
(1) in subparagraph (A), by striking ‘‘not less 18
than 16
2
⁄3percent, but not more than 18
3
⁄4percent, 19
during the 10-year period beginning on the date of 20
enactment of the Act titled ‘An Act to provide for 21
reconciliation pursuant to title II of S. Con. Res. 22
14’, and not less than 16
2
⁄3percent thereafter,’’ 23
each place it appears and inserting ‘‘not less than 24
12.5 percent’’; 25
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(2) in subparagraph (C), by striking ‘‘not less 1
than 16
2
⁄3percent, but not more than 18
3
⁄4percent, 2
during the 10-year period beginning on the date of 3
enactment of the Act titled ‘An Act to provide for 4
reconciliation pursuant to title II of S. Con. Res. 5
14’, and not less than 16
2
⁄3percent thereafter,’’ 6
each place it appears and inserting ‘‘not less than 7
12.5 percent’’; 8
(3) in subparagraph (F), by striking ‘‘not less 9
than 16
2
⁄3percent, but not more than 18
3
⁄4percent, 10
during the 10-year period beginning on the date of 11
enactment of the Act titled ‘An Act to provide for 12
reconciliation pursuant to title II of S. Con. Res. 13
14’, and not less than 16
2
⁄3percent thereafter,’’ and 14
inserting ‘‘not less than 12.5 percent’’; and 15
(4) in subparagraph (H), by striking ‘‘not less 16
than 16
2
⁄3percent, but not more than 18
3
⁄4percent, 17
during the 10-year period beginning on the date of 18
enactment of the Act titled ‘An Act to provide for 19
reconciliation pursuant to title II of S. Con. Res. 20
14’, and not less than 16
2
⁄3percent thereafter,’’ and 21
inserting ‘‘not less than 12.5 percent’’. 22
(b) M
INERALLEASINGACT.— 23
(1) O
NSHORE OIL AND GAS ROYALTY RATES .— 24
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(A) LEASE OF OIL AND GAS LAND .—Sec-1
tion 17 of the Mineral Leasing Act (30 U.S.C. 2
226) is amended— 3
(i) in subsection (b)(1)(A)— 4
(I) by striking ‘‘not less than 5
16
2
⁄3’’ and inserting ‘‘not less than 6
12.5’’; and 7
(II) by striking ‘‘or, in the case 8
of a lease issued during the 10-year 9
period beginning on the date of enact-10
ment of the Act titled ‘An Act to pro-11
vide for reconciliation pursuant to 12
title II of S. Con. Res. 14’, 16
2
⁄3per-13
cent in amount or value of the pro-14
duction removed or sold from the 15
lease’’; and 16
(ii) by striking ‘‘16
2
⁄3percent’’ each 17
place it appears and inserting ‘‘12.5 per-18
cent’’. 19
(B) C
ONDITIONS FOR REINSTATEMENT .— 20
Section 31(e)(3) of the Mineral Leasing Act (30 21
U.S.C. 188(e)(3)) is amended by striking ‘‘20’’ 22
inserting ‘‘16
2
⁄3’’. 23
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(2) OIL AND GAS MINIMUM BID .—Section 17(b) 1
of the Mineral Leasing Act (30 U.S.C. 226(b)) is 2
amended— 3
(A) in paragraph (1)(B), by striking ‘‘$10 4
per acre during the 10-year period beginning on 5
the date of enactment of the Act titled ‘An Act 6
to provide for reconciliation pursuant to title II 7
of S. Con. Res. 14’.’’ and inserting ‘‘$2 per 8
acre for a period of 2 years from the date of 9
the enactment of the Federal Onshore Oil and 10
Gas Leasing Reform Act of 1987.’’; and 11
(B) in paragraph (2)(C), by striking ‘‘$10 12
per acre’’ and inserting ‘‘$2 per acre’’. 13
(3) F
OSSIL FUEL RENTAL RATES .—Section 14
17(d) of the Mineral Leasing Act (30 U.S.C. 15
226(d)) is amended to read as follows: 16
‘‘(d) All leases issued under this section, as amended 17
by the Federal Onshore Oil and Gas Leasing Reform Act 18
of 1987, shall be conditioned upon payment by the lessee 19
of a rental of not less than $1.50 per acre per year for 20
the first through fifth years of the lease and not less than 21
$2 per acre per year for each year thereafter. A minimum 22
royalty in lieu of rental of not less than the rental which 23
otherwise would be required for that lease year shall be 24
payable at the expiration of each lease year beginning on 25
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or after a discovery of oil or gas in paying quantities on 1
the lands leased.’’. 2
(4) E
XPRESSION OF INTEREST FEE .—Section 3
17 of the Mineral Leasing Act (30 U.S.C. 226) is 4
further amended by repealing subsection (q). 5
(5) E
LIMINATION OF NONCOMPETITIVE LEAS -6
ING.—Section 17 of the Mineral Leasing Act (30 7
U.S.C. 226) is further amended— 8
(A) in subsection (b)— 9
(i) in paragraph (1)(A)— 10
(I) in the first sentence, by strik-11
ing ‘‘paragraph (2)’’ and inserting 12
‘‘paragraphs (2) and (3)’’; and 13
(II) by adding at the end ‘‘Lands 14
for which no bids are received or for 15
which the highest bid is less than the 16
national minimum acceptable bid shall 17
be offered promptly within 30 days 18
for leasing under subsection (c) of this 19
section and shall remain available for 20
leasing for a period of 2 years after 21
the competitive lease sale.’’; and 22
(ii) by adding at the end the fol-23
lowing: 24
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‘‘(3)(A) If the United States held a vested fu-1
ture interest in a mineral estate that, immediately 2
prior to becoming a vested present interest, was sub-3
ject to a lease under which oil or gas was being pro-4
duced, or had a well capable of producing, in paying 5
quantities at an annual average production volume 6
per well per day of either not more than 15 barrels 7
per day of oil or condensate, or not more than 8
60,000 cubic feet of gas, the holder of the lease may 9
elect to continue the lease as a noncompetitive lease 10
under subsection (c)(1). 11
‘‘(B) An election under this paragraph is effec-12
tive— 13
‘‘(i) in the case of an interest which vested 14
after January 1, 1990, and on or before Octo-15
ber 24, 1992, if the election is made before the 16
date that is 1 year after October 24, 1992; 17
‘‘(ii) in the case of an interest which vests 18
within 1 year after October 24, 1992, if the 19
election is made before the date that is 2 years 20
after October 24, 1992; and 21
‘‘(iii) in any case other than those de-22
scribed in clause (i) or (ii), if the election is 23
made prior to the interest becoming a vested 24
present interest.’’; 25
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(B) by striking subsection (c) and insert-1
ing the following: 2
‘‘(c) L
ANDSSUBJECT TOLEASINGUNDERSUB-3
SECTION(b); FIRSTQUALIFIEDAPPLICANT.— 4
‘‘(1) If the lands to be leased are not leased 5
under subsection (b)(1) of this section or are not 6
subject to competitive leasing under subsection 7
(b)(2) of this section, the person first making appli-8
cation for the lease who is qualified to hold a lease 9
under this chapter shall be entitled to a lease of 10
such lands without competitive bidding, upon pay-11
ment of a non-refundable application fee of at least 12
$75. A lease under this subsection shall be condi-13
tioned upon the payment of a royalty at a rate of 14
12.5 percent in amount or value of the production 15
removed or sold from the lease. Leases shall be 16
issued within 60 days of the date on which the Sec-17
retary identifies the first responsible qualified appli-18
cant. 19
‘‘(2)(A) Lands (i) which were posted for sale 20
under subsection (b)(1) of this section but for which 21
no bids were received or for which the highest bid 22
was less than the national minimum acceptable bid 23
and (ii) for which, at the end of the period referred 24
to in subsection (b)(1) of this section no lease has 25
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been issued and no lease application is pending 1
under paragraph (1) of this subsection, shall again 2
be available for leasing only in accordance with sub-3
section (b)(1) of this section. 4
‘‘(B) The land in any lease which is issued 5
under paragraph (1) of this subsection or under sub-6
section (b)(1) of this section which lease terminates, 7
expires, is cancelled or is relinquished shall again be 8
available for leasing only in accordance with sub-9
section (b)(1) of this section.’’; and 10
(C) by striking subsection (e) and inserting 11
the following: 12
‘‘(e) P
RIMARYTERM.—Competitive and noncompeti-13
tive leases issued under this section shall be for a primary 14
term of 10 years: Provided, however, That competitive 15
leases issued in special tar sand areas shall also be for 16
a primary term of 10 years. Each such lease shall continue 17
so long after its primary term as oil or gas is produced 18
in paying quantities. Any lease issued under this section 19
for land on which, or for which under an approved cooper-20
ative or unit plan of development or operation, actual drill-21
ing operations were commenced prior to the end of its pri-22
mary term and are being diligently prosecuted at that time 23
shall be extended for two years and so long thereafter as 24
oil or gas is produced in paying quantities.’’. 25
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(6) CONFORMING AMENDMENTS .—Section 31 of 1
the Mineral Leasing Act (30 U.S.C. 188) is amend-2
ed— 3
(A) in subsection (d)(1), by striking ‘‘sec-4
tion 17(b)’’ and inserting ‘‘subsection (b) or (c) 5
of section 17 of this Act’’; 6
(B) in subsection (e)— 7
(i) in paragraph (2)— 8
(I) insert ‘‘either’’ after ‘‘rentals 9
and’’; and 10
(II) insert ‘‘or the inclusion in a 11
reinstated lease issued pursuant to the 12
provisions of section 17(c) of this Act 13
of a requirement that future rentals 14
shall be at a rate not less than $5 per 15
acre per year, all’’ before ‘‘as deter-16
mined by the Secretary’’; and 17
(ii) by amending paragraph (3) to 18
read as follows: 19
‘‘(3)(A) payment of back royalties and the in-20
clusion in a reinstated lease issued pursuant to the 21
provisions of section 17(b) of this Act of a require-22
ment for future royalties at a rate of not less than 23
16
2
⁄3percent computed on a sliding scale based 24
upon the average production per well per day, at a 25
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rate which shall be not less than 4 percentage points 1
greater than the competitive royalty schedule then in 2
force and used for royalty determination for com-3
petitive leases issued pursuant to such section as de-4
termined by the Secretary: Provided, That royalty 5
on such reinstated lease shall be paid on all produc-6
tion removed or sold from such lease subsequent to 7
the termination of the original lease; 8
‘‘(B) payment of back royalties and inclusion in 9
a reinstated lease issued pursuant to the provisions 10
of section 17(c) of this Act of a requirement for fu-11
ture royalties at a rate not less than 16
2
⁄3percent: 12
Provided, That royalty on such reinstated lease shall 13
be paid on all production removed or sold from such 14
lease subsequent to the cancellation or termination 15
of the original lease; and’’; 16
(C) in subsection (f)— 17
(i) in paragraph (1), strike ‘‘in the 18
same manner as the original lease issued 19
pursuant to section 17’’ and insert ‘‘as a 20
competitive or a noncompetitive oil and gas 21
lease in the same manner as the original 22
lease issued pursuant to subsection (b) or 23
(c) of section 17 of this Act’’; 24
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(ii) by redesignating paragraphs (2) 1
and (3) as paragraph (3) and (4), respec-2
tively; and 3
(iii) by inserting after paragraph (1) 4
the following: 5
‘‘(2) Except as otherwise provided in this sec-6
tion, the issuance of a lease in lieu of an abandoned 7
patented oil placer mining claim shall be treated as 8
a noncompetitive oil and gas lease issued pursuant 9
to section 17(c) of this Act.’’; 10
(D) in subsection (g), by striking ‘‘sub-11
section (d)’’ and inserting ‘‘subsections (d) and 12
(f)’’; 13
(E) by amending subsection (h) to read as 14
follows: 15
‘‘(h) R
OYALTYREDUCTIONS.— 16
‘‘(1) In acting on a petition to issue a non-17
competitive oil and gas lease, under subsection (f) of 18
this section or in response to a request filed after 19
issuance of such a lease, or both, the Secretary is 20
authorized to reduce the royalty on such lease if in 21
his judgment it is equitable to do so or the cir-22
cumstances warrant such relief due to uneconomic 23
or other circumstances which could cause undue 24
hardship or premature termination of production. 25
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‘‘(2) In acting on a petition for reinstatement 1
pursuant to subsection (d) of this section or in re-2
sponse to a request filed after reinstatement, or 3
both, the Secretary is authorized to reduce the roy-4
alty in that reinstated lease on the entire leasehold 5
or any tract or portion thereof segregated for royalty 6
purposes if, in his judgment, there are uneconomic 7
or other circumstances which could cause undue 8
hardship or premature termination of production; or 9
because of any written action of the United States, 10
its agents or employees, which preceded, and was a 11
major consideration in, the lessee’s expenditure of 12
funds to develop the property under the lease after 13
the rent had become due and had not been paid; or 14
if in the judgment of the Secretary it is equitable to 15
do so for any reason.’’; 16
(F) by redesignating subsections (f) 17
through (i) as subsections (g) through (j), re-18
spectively; and 19
(G) by inserting after subsection (e) the 20
following: 21
‘‘(f) I
SSUANCE OFNONCOMPETITIVEOIL ANDGAS 22
L
EASE; CONDITIONS.—Where an unpatented oil placer 23
mining claim validly located prior to February 24, 1920, 24
which has been or is currently producing or is capable of 25
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producing oil or gas, has been or is hereafter deemed con-1
clusively abandoned for failure to file timely the required 2
instruments or copies of instruments required by section 3
1744 of title 43, and it is shown to the satisfaction of 4
the Secretary that such failure was inadvertent, justifi-5
able, or not due to lack of reasonable diligence on the part 6
of the owner, the Secretary may issue, for the lands cov-7
ered by the abandoned unpatented oil placer mining claim, 8
a noncompetitive oil and gas lease, consistent with the pro-9
visions of section 17(e) of this Act, to be effective from 10
the statutory date the claim was deemed conclusively 11
abandoned. Issuance of such a lease shall be conditioned 12
upon: 13
‘‘(1) a petition for issuance of a noncompetitive 14
oil and gas lease, together with the required rental 15
and royalty, including back rental and royalty accru-16
ing from the statutory date of abandonment of the 17
oil placer mining claim, being filed with the 18
Secretary- (A) with respect to any claim deemed 19
conclusively abandoned on or before January 12, 20
1983, on or before the one hundred and twentieth 21
day after January 12, 1983, or (B) with respect to 22
any claim deemed conclusively abandoned after Jan-23
uary 12, 1983, on or before the one hundred and 24
twentieth day after final notification by the Sec-25
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retary or a court of competent jurisdiction of the de-1
termination of the abandonment of the oil placer 2
mining claim; 3
‘‘(2) a valid lease not having been issued affect-4
ing any of the lands covered by the abandoned oil 5
placer mining claim prior to the filing of such peti-6
tion: Provided, however, That after the filing of a 7
petition for issuance of a lease under this subsection, 8
the Secretary shall not issue any new lease affecting 9
any of the lands covered by such abandoned oil plac-10
er mining claim for a reasonable period, as deter-11
mined in accordance with regulations issued by him; 12
‘‘(3) a requirement in the lease for payment of 13
rental, including back rentals accruing from the 14
statutory date of abandonment of the oil placer min-15
ing claim, of not less than $5 per acre per year; 16
‘‘(4) a requirement in the lease for payment of 17
royalty on production removed or sold from the oil 18
placer mining claim, including all royalty on produc-19
tion made subsequent to the statutory date the claim 20
was deemed conclusively abandoned, of not less than 21
12
1
⁄2percent; and 22
‘‘(5) compliance with the notice and reimburse-23
ment of costs provisions of paragraph (4) of sub-24
section (e) but addressed to the petition covering the 25
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conversion of an abandoned unpatented oil placer 1
mining claim to a noncompetitive oil and gas lease.’’. 2
Subtitle F—Energy Revenue 3
Sharing 4
SEC. 20601. GULF OF MEXICO OUTER CONTINENTAL SHELF 5
REVENUE. 6
(a) D
ISTRIBUTION OFOUTERCONTINENTALSHELF 7
R
EVENUE TOGULFPRODUCINGSTATES.—Section 105 of 8
the Gulf of Mexico Energy Security Act of 2006 (43 9
U.S.C. 1331 note) is amended— 10
(1) in subsection (a)— 11
(A) in paragraph (1), by striking ‘‘50’’ and 12
inserting ‘‘37.5’’; and 13
(B) in paragraph (2)— 14
(i) by striking ‘‘50’’ and inserting 15
‘‘62.5’’; 16
(ii) in subparagraph (A), by striking 17
‘‘75’’ and inserting ‘‘80’’; and 18
(iii) in subparagraph (B), by striking 19
‘‘25’’ and inserting ‘‘20’’; and 20
(2) by striking subsection (f) and inserting the 21
following: 22
‘‘(f) T
REATMENT OFAMOUNTS.—Amounts disbursed 23
to a Gulf producing State under this section shall be treat-24
ed as revenue sharing and not as a Federal award or grant 25
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for the purposes of part 200 of title 2, Code of Federal 1
Regulations.’’. 2
(b) E
XEMPTION OFCERTAINPAYMENTSFROMSE-3
QUESTRATION.— 4
(1) I
N GENERAL.—Section 255(g)(1)(A) of the 5
Balanced Budget and Emergency Deficit Control 6
Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by 7
inserting after ‘‘Payments to Social Security Trust 8
Funds (28–0404–0–1–651).’’ the following: 9
‘‘Payments to States pursuant to section 10
105(a)(2)(A) of the Gulf of Mexico Energy Security 11
Act of 2006 (Public Law 109–432; 43 U.S.C. 1331 12
note) (014–5535–0–2–302).’’. 13
(2) A
PPLICABILITY.—The amendment made by 14
this subsection shall apply to any sequestration 15
order issued under the Balanced Budget and Emer-16
gency Deficit Control Act of 1985 (2 U.S.C. 900 et 17
seq.) on or after the date of enactment of this Act. 18
SEC. 20602. PARITY IN OFFSHORE WIND REVENUE SHAR-19
ING. 20
(a) P
AYMENTS ANDREVENUES.—Section 8(p)(2) of 21
the Outer Continental Shelf Lands Act (43 U.S.C. 22
1337(p)(2)) is amended— 23
(1) in subparagraph (A), by striking ‘‘(A) The 24
Secretary’’ and inserting the following: 25
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‘‘(A) IN GENERAL.—Subject to subpara-1
graphs (B) and (C), the Secretary’’; 2
(2) in subparagraph (B), by striking ‘‘(B) The 3
Secretary’’ and inserting the following: 4
‘‘(B) D
ISPOSITION OF REVENUES FOR 5
PROJECTS LOCATED WITHIN 3 NAUTICAL MILES 6
SEAWARD OF STATE SUBMERGED LAND .—The 7
Secretary’’; and 8
(3) by adding at the end the following: 9
‘‘(C) D
ISPOSITION OF REVENUES FOR OFF -10
SHORE WIND PROJECTS IN CERTAIN AREAS .— 11
‘‘(i) D
EFINITIONS.—In this subpara-12
graph: 13
‘‘(I) C
OVERED OFFSHORE WIND 14
PROJECT.—The term ‘covered off-15
shore wind project’ means a wind 16
powered electric generation project in 17
a wind energy area on the outer Con-18
tinental Shelf that is not wholly or 19
partially located within an area sub-20
ject to subparagraph (B). 21
‘‘(II) E
LIGIBLE STATE.—The 22
term ‘eligible State’ means a State a 23
point on the coastline of which is lo-24
cated within 75 miles of the geo-25
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graphic center of a covered offshore 1
wind project. 2
‘‘(III) Q
UALIFIED OUTER CONTI -3
NENTAL SHELF REVENUES .—The 4
term ‘qualified outer Continental 5
Shelf revenues’ means all royalties, 6
fees, rentals, bonuses, or other pay-7
ments from covered offshore wind 8
projects carried out pursuant to this 9
subsection on or after the date of en-10
actment of this subparagraph. 11
‘‘(ii) R
EQUIREMENT.— 12
‘‘(I) I
N GENERAL.—The Sec-13
retary of the Treasury shall deposit— 14
‘‘(aa) 12.5 percent of quali-15
fied outer Continental Shelf reve-16
nues in the general fund of the 17
Treasury; 18
‘‘(bb) 37.5 percent of quali-19
fied outer Continental Shelf reve-20
nues in the North American Wet-21
lands Conservation Fund; and 22
‘‘(cc) 50 percent of qualified 23
outer Continental Shelf revenues 24
in a special account in the Treas-25
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ury from which the Secretary 1
shall disburse to each eligible 2
State an amount determined pur-3
suant to subclause (II). 4
‘‘(II) A
LLOCATION.— 5
‘‘(aa) I
N GENERAL.—Sub-6
ject to item (bb), for each fiscal 7
year beginning after the date of 8
enactment of this subparagraph, 9
the amount made available under 10
subclause (I)(cc) shall be allo-11
cated to each eligible State in 12
amounts (based on a formula es-13
tablished by the Secretary by 14
regulation) that are inversely 15
proportional to the respective dis-16
tances between the point on the 17
coastline of each eligible State 18
that is closest to the geographic 19
center of the applicable leased 20
tract and the geographic center 21
of the leased tract. 22
‘‘(bb) M
INIMUM ALLOCA -23
TION.—The amount allocated to 24
an eligible State each fiscal year 25
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under item (aa) shall be at least 1
10 percent of the amounts made 2
available under subclause (I)(cc). 3
‘‘(cc) P
AYMENTS TO COAST -4
AL POLITICAL SUBDIVISIONS.— 5
‘‘(AA) I
N GENERAL.— 6
The Secretary shall pay 20 7
percent of the allocable 8
share of each eligible State, 9
as determined pursuant to 10
item (aa), to the coastal po-11
litical subdivisions of the eli-12
gible State. 13
‘‘(BB) A
LLOCATION.— 14
The amount paid by the 15
Secretary to coastal political 16
subdivisions under subitem 17
(AA) shall be allocated to 18
each coastal political sub-19
division in accordance with 20
subparagraphs (B) and (C) 21
of section 31(b)(4) of this 22
Act. 23
‘‘(iii) T
IMING.—The amounts required 24
to be deposited under subclause (I) of 25
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clause (ii) for the applicable fiscal year 1
shall be made available in accordance with 2
such subclause during the fiscal year im-3
mediately following the applicable fiscal 4
year. 5
‘‘(iv) A
UTHORIZED USES.— 6
‘‘(I) I
N GENERAL.—Subject to 7
subclause (II), each eligible State 8
shall use all amounts received under 9
clause (ii)(II) in accordance with all 10
applicable Federal and State laws, 11
only for 1 or more of the following 12
purposes: 13
‘‘(aa) Projects and activities 14
for the purposes of coastal pro-15
tection and resiliency, including 16
conservation, coastal restoration, 17
estuary management, beach 18
nourishment, hurricane and flood 19
protection, and infrastructure di-20
rectly affected by coastal wetland 21
losses. 22
‘‘(bb) Mitigation of damage 23
to fish, wildlife, or natural re-24
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sources, including through fish-1
eries science and research. 2
‘‘(cc) Implementation of a 3
federally approved marine, coast-4
al, or comprehensive conservation 5
management plan. 6
‘‘(dd) Mitigation of the im-7
pact of outer Continental Shelf 8
activities through the funding of 9
onshore infrastructure projects. 10
‘‘(ee) Planning assistance 11
and the administrative costs of 12
complying with this section. 13
‘‘(ff) Infrastructure improve-14
ments at ports, including modi-15
fications to Federal navigation 16
channels, to support installation 17
of offshore wind energy projects. 18
‘‘(II) L
IMITATION.—Of the 19
amounts received by an eligible State 20
under clause (ii)(II), not more than 3 21
percent shall be used for the purposes 22
described in subclause (I)(ee). 23
‘‘(v) A
DMINISTRATION.—Subject to 24
clause (vi)(III), amounts made available 25
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under items (aa) and (cc) of clause (ii)(I) 1
shall— 2
‘‘(I) be made available, without 3
further appropriation, in accordance 4
with this subparagraph; 5
‘‘(II) remain available until ex-6
pended; and 7
‘‘(III) be in addition to any 8
amount appropriated under any other 9
Act. 10
‘‘(vi) R
EPORTING REQUIREMENT .— 11
‘‘(I) I
N GENERAL.—Not later 12
than 180 days after the end of each 13
fiscal year, the Governor of each eligi-14
ble State that receives amounts under 15
clause (ii)(II) for the applicable fiscal 16
year shall submit to the Secretary a 17
report that describes the use of the 18
amounts by the eligible State during 19
the period covered by the report. 20
‘‘(II) P
UBLIC AVAILABILITY.—On 21
receipt of a report submitted under 22
subclause (I), the Secretary shall 23
make the report available to the pub-24
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lic on the website of the Department 1
of the Interior. 2
‘‘(III) L
IMITATION.—If the Gov-3
ernor of an eligible State that receives 4
amounts under clause (ii)(II) fails to 5
submit the report required under sub-6
clause (I) by the deadline specified in 7
that subclause, any amounts that 8
would otherwise be provided to the eli-9
gible State under clause (ii)(II) for 10
the succeeding fiscal year shall be de-11
posited in the Treasury. 12
‘‘(vii) T
REATMENT OF AMOUNTS .— 13
Amounts disbursed to an eligible State 14
under this subsection shall be treated as 15
revenue sharing and not as a Federal 16
award or grant for the purposes of part 17
200 of title 2, Code of Federal Regula-18
tions.’’. 19
(b) W
INDLEASESALES FORAREAS OF THEOUTER 20
C
ONTINENTALSHELFOFFSHORE OF TERRITORIES OF 21
THEUNITEDSTATES.—Section 33 of the Outer Conti-22
nental Shelf Lands Act (43 U.S.C. 1356c) is amended by 23
adding at the end the following: 24
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‘‘(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 9
Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by 10
inserting after ‘‘Payments to Social Security Trust 11
Funds (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 17
order issued under the Balanced Budget and Emer-18
gency Deficit Control Act of 1985 (2 U.S.C. 900 et 19
seq.) on or after the date of enactment of this Act. 20
SEC. 20603. 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
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(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 8
inserting ‘‘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 17
Mineral Leasing Act (30 U.S.C. 191(b)), all’’ 18
and inserting ‘‘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
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ond sentence of the matter preceding paragraph (1), 1
by striking ‘‘the provisions of subsection (b) of sec-2
tion 35 of the Mineral Leasing Act (30 U.S.C. 3
191(b)) and section 5(a)(2) of this Act’’ and insert-4
ing ‘‘section 5(a)(2)’’. 5
(3) Section 205(f) of the Federal Oil and Gas 6
Royalty Management Act of 1982 (30 U.S.C. 7
1735(f)) 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
SEC. 20604. SUNSET. 13
This subtitle, and the amendments made by this sub-14
title, shall cease to have effect on September 30, 2032, 15
and on such date the provisions of law amended by this 16
subtitle shall be restored or revived as if this subtitle had 17
not been enacted. 18
TITLE III—WATER QUALITY CER-19
TIFICATION AND ENERGY 20
PROJECT IMPROVEMENT 21
SEC. 30001. SHORT TITLE. 22
This title may be cited as the ‘‘Water Quality Certifi-23
cation and Energy Project Improvement Act of 2023’’. 24
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SEC. 30002. CERTIFICATION. 1
Section 401 of the Federal Water Pollution Control 2
Act (33 U.S.C. 1341) is amended— 3
(1) in subsection (a)— 4
(A) in paragraph (1)— 5
(i) in the first sentence, by striking 6
‘‘may result’’ and inserting ‘‘may directly 7
result’’; 8
(ii) in the second sentence, by striking 9
‘‘activity’’ and inserting ‘‘discharge’’; 10
(iii) in the third sentence, by striking 11
‘‘applications’’ each place it appears and 12
inserting ‘‘requests’’; 13
(iv) in the fifth sentence, by striking 14
‘‘act on’’ and inserting ‘‘grant or deny’’; 15
and 16
(v) by inserting after the fourth sen-17
tence the following: ‘‘Not later than 30 18
days after the date of enactment of the 19
Water Quality Certification and Energy 20
Project Improvement Act of 2023, each 21
State and interstate agency that has au-22
thority to give such a certification, and the 23
Administrator, shall publish requirements 24
for certification to demonstrate to such 25
State, such interstate agency, or the Ad-26
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ministrator, as the case may be, compli-1
ance with the applicable provisions of sec-2
tions 301, 302, 303, 306, and 307. A deci-3
sion to grant or deny a request for certifi-4
cation shall be based only on the applicable 5
provisions of sections 301, 302, 303, 306, 6
and 307, and the grounds for the decision 7
shall be set forth in writing and provided 8
to the applicant. Not later than 90 days 9
after receipt of a request for certification, 10
the State, interstate agency, or Adminis-11
trator, as the case may be, shall identify in 12
writing all specific additional materials or 13
information that are necessary to grant or 14
deny the request.’’; 15
(B) in paragraph (2)— 16
(i) in the second sentence, by striking 17
‘‘notice of application for such Federal li-18
cense or permit’’ and inserting ‘‘receipt of 19
a notice under the preceding sentence’’; 20
(ii) in the third sentence, by striking 21
‘‘any water quality requirement’’ and in-22
serting ‘‘any applicable provision of section 23
301, 302, 303, 306, or 307’’; 24
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(iii) in the fifth sentence, by striking 1
‘‘insure compliance with applicable water 2
quality requirements.’’ and inserting ‘‘en-3
sure compliance with the applicable provi-4
sions of sections 301, 302, 303, 306, and 5
307.’’; 6
(iv) in the final sentence, by striking 7
‘‘insure’’ and inserting ‘‘ensure’’; and 8
(v) by striking the first sentence and 9
inserting ‘‘On receipt of a request for cer-10
tification, the certifying State or interstate 11
agency, as applicable, shall immediately 12
notify the Administrator of the request.’’; 13
(C) in paragraph (3), in the second sen-14
tence, by striking ‘‘section’’ and inserting ‘‘any 15
applicable provision of section’’; 16
(D) in paragraph (4)— 17
(i) in the first sentence, by striking 18
‘‘applicable effluent limitations or other 19
limitations or other applicable water qual-20
ity requirements will not be violated’’ and 21
inserting ‘‘no applicable provision of sec-22
tion 301, 302, 303, 306, or 307 will be vio-23
lated’’; 24
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(ii) in the second sentence, by striking 1
‘‘will violate applicable effluent limitations 2
or other limitations or other water quality 3
requirements’’ and inserting ‘‘will directly 4
result in a discharge that violates an appli-5
cable provision of section 301, 302, 303, 6
306, or 307,’’; and 7
(iii) in the third sentence, by striking 8
‘‘such facility or activity will not violate the 9
applicable provisions’’ and inserting ‘‘oper-10
ation of such facility or activity will not di-11
rectly result in a discharge that violates 12
any applicable provision’’; and 13
(E) in paragraph (5), by striking ‘‘the ap-14
plicable provisions’’ and inserting ‘‘any applica-15
ble provision’’; 16
(2) in subsection (d), by striking ‘‘any applica-17
ble effluent limitations and other limitations, under 18
section 301 or 302 of this Act, standard of perform-19
ance under section 306 of this Act, or prohibition, 20
effluent standard, or pretreatment standard under 21
section 307 of this Act, and with any other appro-22
priate requirement of State law set forth in such 23
certification, and’’ and inserting ‘‘the applicable pro-24
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visions of sections 301, 302, 303, 306, and 307, and 1
any such limitations or requirements’’; and 2
(3) by adding at the end the following: 3
‘‘(e) For purposes of this section, the applicable pro-4
visions of sections 301, 302, 303, 306, and 307 are any 5
applicable effluent limitations and other limitations, under 6
section 301 or 302, standard of performance under section 7
306, prohibition, effluent standard, or pretreatment stand-8
ard under section 307, and requirement of State law im-9
plementing water quality criteria under section 303 nec-10
essary to support the designated use or uses of the receiv-11
ing navigable waters.’’. 12
SEC. 30003. FEDERAL GENERAL PERMITS. 13
Section 402(a) of the Federal Water Pollution Con-14
trol Act (33 U.S.C. 1342(a)) is amended by adding at the 15
end the following: 16
‘‘(6)(A) The Administrator is authorized to issue gen-17
eral permits under this section for discharges of similar 18
types from similar sources. 19
‘‘(B) The Administrator may require submission of 20
a notice of intent to be covered under a general permit 21
issued under this section, including additional information 22
that the Administrator determines necessary. 23
‘‘(C) If a general permit issued under this section will 24
expire and the Administrator decides not to issue a new 25
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general permit for discharges similar to those covered by 1
the expiring general permit, the Administrator shall pub-2
lish in the Federal Register a notice of such decision at 3
least two years prior to the expiration of the general per-4
mit. 5
‘‘(D) If a general permit issued under this section 6
expires and the Administrator has not published a notice 7
in accordance with subparagraph (C), until such time as 8
the Administrator issues a new general permit for dis-9
charges similar to those covered by the expired general 10
permit, the Administrator shall— 11
‘‘(i) continue to apply the terms, conditions, 12
and requirements of the expired general permit to 13
any discharge that was covered by the expired gen-14
eral permit; and 15
‘‘(ii) apply such terms, conditions, and require-16
ments to any discharge that would have been cov-17
ered by the expired general permit (in accordance 18
with any relevant requirements for such coverage) if 19
the discharge had occurred before such expiration.’’. 20
DIVISION E—INCREASE IN DEBT 21
LIMIT 22
SEC. 40001. LIMITED SUSPENSION OF DEBT CEILING. 23
(a) S
USPENSION.—Section 3101(b) of title 31, 24
United States Code, shall not apply during the period be-25
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ginning on the date of the enactment of this Act and end-1
ing on the applicable date. 2
(b) D
OLLARLIMITATION ON SUSPENSION.—Sub-3
section (a) shall not apply to the extent that the applica-4
tion of such subsection would result in the face amount 5
of obligations subject to limitation under section 3101(b) 6
of title 31, United States Code, to exceed the sum of— 7
(1) the dollar limitation in effect under such 8
section on the date of the enactment of this Act, in-9
creased by 10
(2) $1,500,000,000,000. 11
(c) A
PPLICABLEDATE.—For purposes of this sec-12
tion, the term ‘‘applicable date’’ means the earlier of— 13
(1) March 31, 2024, or 14
(2) the first date on which subsection (a) does 15
not apply by reason of subsection (b). 16
(d) S
PECIALRULERELATING TO OBLIGATIONS 17
I
SSUEDDURINGSUSPENSIONPERIOD.—Effective as of 18
the close of the applicable date, the dollar limitation in 19
section 3101(b) of title 31, United States Code, is in-20
creased to the extent that— 21
(1) the face amount of obligations subject to 22
limitation under such section outstanding as of the 23
close of the applicable date, exceeds 24
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(2) the face amount of such obligations out-1
standing on the date of the enactment of this Act. 2
An obligation shall not be taken into account under para-3
graph (1) unless the issuance of such obligation was nec-4
essary to fund a commitment incurred by the Federal Gov-5
ernment that required payment on or before the applicable 6
date. 7
Passed the House of Representatives April 26, 2023.
Attest: CHERYL L. JOHNSON,
Clerk.
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41
118
TH
CONGRESS
1
ST
S
ESSION
H. R. 2811
AN ACT
To provide for a responsible increase to the debt
ceiling, and for other purposes.
M
AY
2, 2023
Read the second time and placed on the calendar
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