[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4753 Reported in Senate (RS)]
<DOC>
Calendar No. 756
118th CONGRESS
2d Session
S. 4753
[Report No. 118-336]
To reform leasing, permitting, and judicial review for certain energy
and minerals projects, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2024
Mr. Manchin (for himself and Mr. Barrasso) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
December 19 (legislative day, December 16), 2024
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To reform leasing, permitting, and judicial review for certain energy
and minerals projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Energy
Permitting Reform Act of 2024''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--ACCELERATING CLAIMS
<DELETED>Sec. 101. Accelerating claims.
<DELETED>TITLE II--FEDERAL ONSHORE ENERGY LEASING AND PERMITTING
<DELETED>Sec. 201. Onshore oil and gas leasing.
<DELETED>Sec. 202. Term of application for permit to drill.
<DELETED>Sec. 203. Permitting compliance on non-Federal land.
<DELETED>Sec. 204. Coal leases on Federal land.
<DELETED>Sec. 205. Rights-of-way across Indian land.
<DELETED>Sec. 206. Accelerating renewable energy permitting.
<DELETED>Sec. 207. Improving renewable energy coordination on Federal
land.
<DELETED>Sec. 208. Geothermal leasing and permitting improvements.
<DELETED>Sec. 209. Electric grid projects.
<DELETED>Sec. 210. Hardrock mining mill sites.
<DELETED>TITLE III--FEDERAL OFFSHORE ENERGY LEASING AND PERMITTING
<DELETED>Sec. 301. Offshore oil and gas leasing.
<DELETED>Sec. 302. Offshore wind energy.
<DELETED>TITLE IV--ELECTRIC TRANSMISSION
<DELETED>Sec. 401. Transmission permitting.
<DELETED>Sec. 402. Transmission planning.
<DELETED>TITLE V--ELECTRIC RELIABILITY
<DELETED>Sec. 501. Reliability assessments.
<DELETED>TITLE VI--LIQUEFIED NATURAL GAS EXPORTS
<DELETED>Sec. 601. Action on applications.
<DELETED>Sec. 602. Supplemental reviews.
<DELETED>TITLE VII--HYDROPOWER
<DELETED>Sec. 701. Hydropower license extensions.
<DELETED>TITLE I--ACCELERATING CLAIMS</DELETED>
<DELETED>SEC. 101. ACCELERATING CLAIMS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Authorization.--</DELETED>
<DELETED> (A) In general.--The term
``authorization'' means any license, permit, approval,
order, or other administrative decision that is
required or authorized under Federal law (including
regulations) to design, plan, site, construct,
reconstruct, or commence operations of a
project.</DELETED>
<DELETED> (B) Inclusions.--The term
``authorization'' includes--</DELETED>
<DELETED> (i) agency approvals of lease
sales, permits, or plans required to explore
for, develop, or produce minerals under--
</DELETED>
<DELETED> (I) the Mineral Leasing
Act (30 U.S.C. 181 et seq.);</DELETED>
<DELETED> (II) the Act of August 7,
1947 (commonly known as the ``Mineral
Leasing Act for Acquired Lands'') (30
U.S.C. 351 et seq.);</DELETED>
<DELETED> (III) the Act of July 31,
1947 (commonly known as the ``Materials
Act of 1947'') (61 Stat. 681, chapter
406; 30 U.S.C. 601 et seq.);</DELETED>
<DELETED> (IV) sections 2319 through
2344 of the Revised Statutes (commonly
known as the ``Mining Law of 1872'')
(30 U.S.C. 22 et seq.);</DELETED>
<DELETED> (V) the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et
seq.); or</DELETED>
<DELETED> (VI) the Geothermal Steam
Act of 1970 (30 U.S.C. 1001 et seq.);
and</DELETED>
<DELETED> (ii) statements or permits for a
project under sections 7 and 10 of the
Endangered Species Act of 1973 (16 U.S.C. 1536,
1539).</DELETED>
<DELETED> (2) Environmental document.--The term
``environmental document'' includes any of the following, as
prepared under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.):</DELETED>
<DELETED> (A) An environmental assessment.</DELETED>
<DELETED> (B) A finding of no significant
impact.</DELETED>
<DELETED> (C) An environmental impact
statement.</DELETED>
<DELETED> (D) A record of decision.</DELETED>
<DELETED> (3) Project.--The term ``project'' means a
project--</DELETED>
<DELETED> (A) proposed for the construction of
infrastructure--</DELETED>
<DELETED> (i) to develop, produce, generate,
store, transport, or distribute
energy;</DELETED>
<DELETED> (ii) to capture, remove,
transport, or store carbon dioxide;
or</DELETED>
<DELETED> (iii) to mine, extract,
beneficiate, or process minerals; and</DELETED>
<DELETED> (B) subject to the requirements that--
</DELETED>
<DELETED> (i) an environmental document be
prepared; and</DELETED>
<DELETED> (ii) the applicable agency issue
an authorization of the activity.</DELETED>
<DELETED> (4) Project sponsor.--The term ``project sponsor''
means an entity, including any private, public, or public-
private entity, seeking an authorization for a
project.</DELETED>
<DELETED> (b) Statute of Limitations.--Notwithstanding any other
provision of law, a civil action arising under Federal law seeking
judicial review of a final agency action granting or denying an
authorization shall be barred unless the civil action is filed by the
date that is 150 days after the date on which the authorization was
granted or denied, unless a shorter time is specified in the Federal
law pursuant to which judicial review is allowed.</DELETED>
<DELETED> (c) Expedited Review.--A reviewing court shall set for
expedited consideration any civil action arising under Federal law
seeking judicial review of a final agency action granting or denying an
authorization.</DELETED>
<DELETED> (d) Remanded Actions.--</DELETED>
<DELETED> (1) In general.--If the reviewing court remands a
final Federal agency action granting or denying an
authorization to the Federal agency for further proceedings,
whether on a motion by the court, the agency, or another party,
the court shall set a reasonable schedule and deadline for the
agency to act on remand, which shall not exceed 180 days from
the date on which the order of the court was issued, unless a
longer time period is necessary to comply with applicable
law.</DELETED>
<DELETED> (2) Expedited treatment of remanded actions.--The
head of the Federal agency to which a court remands a final
Federal agency action under paragraph (1) shall take such
actions as may be necessary to provide for the expeditious
disposition of the action on remand in accordance with the
schedule and deadline set by the court under that
paragraph.</DELETED>
<DELETED> (e) Treatment of Supplemental or Revised Environmental
Documents.--For the purpose of subsection (b), the preparation of a
supplemental or revised environmental document, when required, shall be
considered to be a separate final agency action.</DELETED>
<DELETED> (f) Notice.--Not later than 30 days after the date on
which an agency is served a copy of a petition for review or a
complaint in a civil action described in subsection (b), the head of
the agency shall notify the project sponsor of the filing of the
petition or complaint.</DELETED>
<DELETED>TITLE II--FEDERAL ONSHORE ENERGY LEASING AND
PERMITTING</DELETED>
<DELETED>SEC. 201. ONSHORE OIL AND GAS LEASING.</DELETED>
<DELETED> (a) Limitation on Issuance of Certain Leases or Rights-of-
Way.--Section 50265(b)(1)(B) of Public Law 117-169 (43 U.S.C.
3006(b)(1)(B)) is amended, in the matter preceding clause (i), by
inserting ``for which expressions of interest have been submitted that
have been'' after ``sum of total acres''.</DELETED>
<DELETED> (b) Mineral Leasing Act Reforms.--</DELETED>
<DELETED> (1) Expressions of interest for oil and gas
leasing.--Section 17(b) of the Mineral Leasing Act (30 U.S.C.
226(b)) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(3) Subdivision.--</DELETED>
<DELETED> ``(A) In general.--A parcel of land
included in an expression of interest that the
Secretary of the Interior offers for lease shall be
leased as nominated and not subdivided into multiple
parcels unless the Secretary of the Interior determines
that a subpart of the submitted parcel is not open to
oil or gas leasing under the approved resource
management plan.</DELETED>
<DELETED> ``(B) Required reviews.--Nothing in this
paragraph affects the obligations of the Secretary of
the Interior to complete requirements and reviews
established by other provisions of law before leasing a
parcel of land.</DELETED>
<DELETED> ``(4) Resource management plans.--</DELETED>
<DELETED> ``(A) Lease terms and conditions.--A lease
issued under this section shall be subject to the terms
and conditions of the approved resource management
plan.</DELETED>
<DELETED> ``(B) Effect of leasing decision.--
Notwithstanding section 1506.1 of title 40, Code of
Federal Regulations (as in effect on the date of
enactment of this paragraph), the Secretary may conduct
a lease sale under an approved resource management plan
while amendments to the approved plan are under
consideration.''.</DELETED>
<DELETED> (2) Refund of expression of interest fee.--Section
17(q) of the Mineral Leasing Act (30 U.S.C. 226(q)) is
amended--</DELETED>
<DELETED> (A) by striking ``Secretary'' each place
it appears and inserting ``Secretary of the
Interior'';</DELETED>
<DELETED> (B) in paragraph (1), by striking
``nonrefundable''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(3) Refund for nonwinning bid.--If a person
other than the person who submitted the expression of interest
is the highest responsible qualified bidder for a parcel of
land covered by the applicable expression of interest in a
lease sale conducted under this section--</DELETED>
<DELETED> ``(A) as a condition of the issuance of
the lease, the person who is the highest responsible
qualified bidder shall pay to the Secretary of the
Interior an amount equal to the applicable fee paid by
the person who submitted the expression of interest;
and</DELETED>
<DELETED> ``(B) not later than 60 days after the
date of the lease sale, the Secretary of the Interior
shall refund to the person who submitted the expression
of interest an amount equal to the amount of the
initial fee paid.</DELETED>
<DELETED> ``(4) Refundability.--Except as provided in
paragraph (3)(B), the fee assessed under paragraph (1) shall be
nonrefundable.''.</DELETED>
<DELETED>SEC. 202. TERM OF APPLICATION FOR PERMIT TO DRILL.</DELETED>
<DELETED> Section 17(p) of the Mineral Leasing Act (30 U.S.C.
226(p)) is amended by adding at the end the following:</DELETED>
<DELETED> ``(4) Term.--</DELETED>
<DELETED> ``(A) In general.--A permit to drill
approved under this subsection shall be valid for a
single non-renewable 4-year period beginning on the
date of the approval.</DELETED>
<DELETED> ``(B) Retroactivity.--In addition to all
approved applications for permits to drill submitted on
or after the date of enactment of this paragraph,
subparagraph (A) shall apply to--</DELETED>
<DELETED> ``(i) all permits approved during
the 2-year period preceding the date of
enactment of this paragraph; and</DELETED>
<DELETED> ``(ii) all pending applications
for permit to drill submitted prior to the date
of enactment of this paragraph.''.</DELETED>
<DELETED>SEC. 203. PERMITTING COMPLIANCE ON NON-FEDERAL LAND.</DELETED>
<DELETED> (a) In General.--Notwithstanding the Mineral Leasing Act
(30 U.S.C. 181 et seq.), the Federal Oil and Gas Royalty Management Act
of 1982 (30 U.S.C. 1701 et seq.), or subpart 3162 of part 3160 of title
43, Code of Federal Regulations (or successor regulations), but subject
to any applicable State or Tribal requirements and subsection (c), the
Secretary of the Interior shall not require a permit to drill for an
oil and gas lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.)
for an action occurring within an oil and gas drilling or spacing unit
if--</DELETED>
<DELETED> (1) the Federal Government--</DELETED>
<DELETED> (A) owns less than 50 percent of the
minerals within the oil and gas drilling or spacing
unit; and</DELETED>
<DELETED> (B) does not own or lease the surface
estate within the area directly impacted by the
action;</DELETED>
<DELETED> (2) the well is located on non-Federal land
overlying a non-Federal mineral estate, but some portion of the
wellbore enters and produces from the Federal mineral estate
subject to the lease; or</DELETED>
<DELETED> (3) the well is located on non-Federal land
overlying a non-Federal mineral estate, but some portion of the
wellbore traverses but does not produce from the Federal
mineral estate subject to the lease.</DELETED>
<DELETED> (b) Notification.--For each State permit to drill or
drilling plan that would impact or extract oil and gas owned by the
Federal Government--</DELETED>
<DELETED> (1) each lessee of Federal minerals in the unit,
or designee of a lessee, shall--</DELETED>
<DELETED> (A) notify the Secretary of the Interior
of the submission of a State application for a permit
to drill or drilling plan on submission of the
application; and</DELETED>
<DELETED> (B) provide a copy of the application
described in subparagraph (A) to the Secretary of the
Interior not later than 5 days after the date on which
the permit or plan is submitted;</DELETED>
<DELETED> (2) each lessee, designee of a lessee, or
applicable State shall notify the Secretary of the Interior of
the approved State permit to drill or drilling plan not later
than 45 days after the date on which the permit or plan is
approved; and</DELETED>
<DELETED> (3) each lessee or designee of a lessee shall
provide, prior to commencing drilling operations, agreements
authorizing the Secretary of the Interior to enter non-Federal
land, as necessary, for inspection and enforcement of the terms
of the Federal lease.</DELETED>
<DELETED> (c) Nonapplicability to Indian Lands.--Subsection (a)
shall not apply to Indian lands (as defined in section 3 of the Federal
Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1702)).</DELETED>
<DELETED> (d) Effect.--Nothing in this section affects--</DELETED>
<DELETED> (1) other authorities of the Secretary of the
Interior under the Federal Oil and Gas Royalty Management Act
of 1982 (30 U.S.C. 1701 et seq.); or</DELETED>
<DELETED> (2) the amount of royalties due to the