What This Bill Does
This bill restarts oil, gas, and coal leasing on federal lands and waters. It also streamlines the process for obtaining permits for energy projects and requires government agencies to publish more information about pending leasing and permit applications.
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Who It Affects
- Oil, gas, and coal companies applying for leases or permits
- Federal agencies (Department of Interior, Department of Agriculture, Forest Service)
- States with federal lands available for leasing (Wyoming, New Mexico, Colorado, Utah, Montana, North Dakota, Oklahoma, Nevada, Alaska)
- Members of the public who protest lease sales or permit decisions
- Energy companies seeking rights-of-way for pipelines and transmission lines
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Key Provisions
- The Secretary of Interior must immediately resume quarterly onshore oil and gas lease sales and conduct at least 4 sales per year in each of 10 specified states (Sec. 101)
- The Secretary must conduct minimum 2 annual lease sales in the Gulf of Mexico and Alaska regions on federal waters (Sec. 107)
- Filing fees for protesting leases range from $150 base fee to higher amounts depending on document length and number of parcels involved (Sec. 105)
- Environmental review documents for federal projects have page limits: 150 pages for most projects and 300 pages for complex projects (Sec. 202)
- Federal agencies must complete environmental reviews within specified deadlines: 2 years for major reviews and 1 year for smaller reviews, or pay $100 per day to the applicant (Sec. 202)
- The Secretary must publish monthly data on pending and approved lease nominations and permit applications on the Interior Department website (Sec. 106)
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What Changes
If this becomes law, the federal government will be required to hold oil and gas lease sales four times per year in specified western states and twice per year in Gulf of Mexico and Alaska waters. Federal agencies will face strict deadlines for reviewing energy projects, and applicants can receive financial compensation if agencies miss those deadlines. People who want to protest lease sales will have to pay fees. Environmental review documents will be shorter and more limited in scope. The government will publish detailed monthly tracking data about pending energy applications and leases.
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Important Definitions
- **Energy facility**: A facility whose main purpose is exploring for, developing, producing, converting, gathering, storing, transferring, processing, or transporting any energy resource (Sec. 201)
- **Public lands**: Land owned by the United States and managed by Interior or Agriculture Departments, excluding ocean lands and lands held in trust for Native Americans (Sec. 201)
- **Right-of-way**: Permission to use federal land for pipelines, transmission lines, or similar infrastructure (Sec. 201)
- **Eligible lands**: All lands subject to federal leasing not excluded by law or regulation (Sec. 101)
- **Major Federal action**: An action where the federal government exercises substantial control and responsibility (Sec. 202)
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Effective Date
Not specified in bill text. Various provisions reference implementation "immediately" after enactment or within specified periods (30 days, 60 days, etc.), but no single effective date is provided.
IB
Union Calendar No. 18
118TH CONGRESS
1ST SESSION H. R. 1335
[Report No. 118–28, Part I]
To restart onshore and offshore oil, gas, and coal leasing, streamline permit-
ting for energy infrastructure, ensure transparency in energy development
on Federal lands, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 2023
Mr. WESTERMAN (for himself, Mr. GRAVES of Louisiana, and Mr. STAUBER)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committees on Agriculture,
and the Budget, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
MARCH 23, 2023
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
MARCH 23, 2023
Committees on Agriculture and the Budget discharged; committed to the Com-
mittee of the Whole House on the State of the Union and ordered to be
printed
[For text of introduced bill, see copy of bill as introduced on March 3, 2023]
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•HR 1335 RH
A BILL
To restart onshore and offshore oil, gas, and coal leasing,
streamline permitting for energy infrastructure, ensure
transparency in energy development on Federal lands,
and for other purposes.
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•HR 1335 RH
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘Transparency, Accountability, Permitting, and Produc-
5
tion of American Resources Act’’ or the ‘‘TAPP American
6
Resources Act’’.
7
(b) TABLE OF CONTENTS.—The table of contents for
8
this Act is as follows:
9
Sec. 1. Short title; table of contents.
TITLE I—ONSHORE AND OFFSHORE LEASING AND OVERSIGHT
Sec. 101. Onshore oil and gas leasing.
Sec. 102. Lease reinstatement.
Sec. 103. Protested lease sales.
Sec. 104. Suspension of operations.
Sec. 105. Administrative protest process reform.
Sec. 106. Leasing and permitting transparency.
Sec. 107. Offshore oil and gas leasing.
Sec. 108. Five-year plan for offshore oil and gas leasing.
Sec. 109. Geothermal leasing.
Sec. 110. Leasing for certain qualified coal applications.
Sec. 111. Future coal leasing.
Sec. 112. Staff planning report.
Sec. 113. Prohibition on Chinese communist party ownership interest.
Sec. 114. Effect on other law.
TITLE II—PERMITTING STREAMLINING
Sec. 201. Definitions.
Sec. 202. BUILDER Act.
Sec. 203. Codification of National Environmental Policy Act regulations.
Sec. 204. Non-major Federal actions.
Sec. 205. No net loss determination for existing rights-of-way.
Sec. 206. Determination of National Environmental Policy Act adequacy.
Sec. 207. Determination regarding rights-of-way.
Sec. 208. Terms of rights-of-way.
Sec. 209. Funding to process permits and develop information technology.
Sec. 210. Offshore geological and geophysical survey licensing.
Sec. 211. Deferral of applications for permits to drill.
Sec. 212. Processing and terms of applications for permits to drill.
Sec. 213. Amendments to the Energy Policy Act of 2005.
Sec. 214. Access to Federal energy resources from non-Federal surface estate.
Sec. 215. Scope of environmental reviews for oil and gas leases.
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•HR 1335 RH
Sec. 216. Expediting approval of gathering lines.
Sec. 217. Lease sale litigation.
Sec. 218. Limitation on claims.
Sec. 219. Government Accountability Office report on permits to drill.
Sec. 220. E-NEPA.
TITLE III—PERMITTING FOR MINING NEEDS
Sec. 301. Definitions.
Sec. 302. Minerals supply chain and reliability.
Sec. 303. Federal register process improvement.
Sec. 304. Designation of mining as a covered sector for Federal permitting im-
provement purposes.
Sec. 305. Treatment of actions under presidential determination 2022–11 for
Federal permitting improvement purposes.
Sec. 306. Notice for mineral exploration activities with limited surface disturb-
ance.
Sec. 307. Use of mining claims for ancillary activities.
Sec. 308. Ensuring consideration of uranium as a critical mineral.
Sec. 309. Barring foreign bad actors from operating on Federal lands.
TITLE IV—FEDERAL LAND USE PLANNING
Sec. 401. Federal land use planning and withdrawals.
Sec. 402. Prohibitions on delay of mineral development of certain Federal land.
Sec. 403. Definitions.
TITLE V—ENSURING COMPETITIVENESS ON FEDERAL LANDS
Sec. 501. Incentivizing domestic production.
TITLE VI—ENERGY REVENUE SHARING
Sec. 601. Gulf of Mexico Outer Continental Shelf revenue.
Sec. 602. Parity in offshore wind revenue sharing.
Sec. 603. Elimination of administrative fee under the Mineral Leasing Act.
TITLE
I—ONSHORE
AND
OFF-
1
SHORE LEASING AND OVER-
2
SIGHT
3
SEC. 101. ONSHORE OIL AND GAS LEASING.
4
(a) REQUIREMENT TO IMMEDIATELY RESUME ON-
5
SHORE OIL AND GAS LEASE SALES.—
6
(1) IN GENERAL.—The Secretary of the Interior
7
shall immediately resume quarterly onshore oil and
8
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•HR 1335 RH
gas lease sales in compliance with the Mineral Leas-
1
ing Act (30 U.S.C. 181 et seq.).
2
(2) REQUIREMENT.—The Secretary of the Inte-
3
rior shall ensure—
4
(A) that any oil and gas lease sale pursuant
5
to paragraph (1) is conducted immediately on
6
completion of all applicable scoping, public com-
7
ment, and environmental analysis requirements
8
under the Mineral Leasing Act (30 U.S.C. 181 et
9
seq.) and the National Environmental Policy Act
10
of 1969 (42 U.S.C. 4321 et seq.); and
11
(B) that the processes described in subpara-
12
graph (A) are conducted in a timely manner to
13
ensure compliance with subsection (b)(1).
14
(3) LEASE
OF
OIL
AND
GAS
LANDS.—Section
15
17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C.
16
226(b)(1)(A)) is amended by inserting ‘‘Eligible lands
17
comprise all lands subject to leasing under this Act
18
and not excluded from leasing by a statutory or regu-
19
latory prohibition. Available lands are those lands
20
that have been designated as open for leasing under
21
a land use plan developed under section 202 of the
22
Federal Land Policy and Management Act of 1976
23
and that have been nominated for leasing through the
24
submission of an expression of interest, are subject to
25
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•HR 1335 RH
drainage in the absence of leasing, or are otherwise
1
designated as available pursuant to regulations
2
adopted by the Secretary.’’ after ‘‘sales are nec-
3
essary.’’.
4
(b) QUARTERLY LEASE SALES.—
5
(1) IN GENERAL.—In accordance with the Min-
6
eral Leasing Act (30 U.S.C. 181 et seq.), each fiscal
7
year, the Secretary of the Interior shall conduct a
8
minimum of four oil and gas lease sales in each of
9
the following States:
10
(A) Wyoming.
11
(B) New Mexico.
12
(C) Colorado.
13
(D) Utah.
14
(E) Montana.
15
(F) North Dakota.
16
(G) Oklahoma.
17
(H) Nevada.
18
(I) Alaska.
19
(J) Any other State in which there is land
20
available for oil and gas leasing under the Min-
21
eral Leasing Act (30 U.S.C. 181 et seq.) or any
22
other mineral leasing law.
23
(2) REQUIREMENT.—In conducting a lease sale
24
under paragraph (1) in a State described in that
25
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•HR 1335 RH
paragraph, the Secretary of the Interior shall offer all
1
parcels nominated and eligible pursuant to the re-
2
quirements of the Mineral Leasing Act (30 U.S.C. 181
3
et seq.) for oil and gas exploration, development, and
4
production under the resource management plan in
5
effect for the State.
6
(3) REPLACEMENT SALES.—The Secretary of the
7
Interior shall conduct a replacement sale during the
8
same fiscal year if—
9
(A) a lease sale under paragraph (1) is can-
10
celed, delayed, or deferred, including for a lack
11
of eligible parcels; or
12
(B) during a lease sale under paragraph (1)
13
the percentage of acreage that does not receive a
14
bid is equal to or greater than 25 percent of the
15
acreage offered.
16
(4) NOTICE
REGARDING
MISSED
SALES.—Not
17
later than 30 days after a sale required under this
18
subsection is canceled, delayed, deferred, or otherwise
19
missed the Secretary of the Interior shall submit to
20
the Committee on Natural Resources of the House of
21
Representatives and the Committee on Energy and
22
Natural Resources of the Senate a report that states
23
what sale was missed and why it was missed.
24
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•HR 1335 RH
SEC. 102. LEASE REINSTATEMENT.
1
The reinstatement of a lease entered into under the
2
Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Geo-
3
thermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) by the
4
Secretary shall be not considered a major Federal action
5
under section 102(2)(C) of the National Environmental Pol-
6
icy Act of 1969 (42 U.S.C. 4332(2)(C)).
7
SEC. 103. PROTESTED LEASE SALES.
8
Section 17(b)(1)(A) of the Mineral Leasing Act (30
9
U.S.C. 226(b)(1)(A)) is amended by inserting ‘‘The Sec-
10
retary shall resolve any protest to a lease sale not later than
11
60 days after such payment.’’ after ‘‘annual rental for the
12
first lease year.’’.
13
SEC. 104. SUSPENSION OF OPERATIONS.
14
Section 17 of the Mineral Leasing Act (30 U.S.C. 226)
15
is amended by adding at the end the following:
16
‘‘(r) SUSPENSION OF OPERATIONS PERMITS.—In the
17
event that an oil and gas lease owner has submitted an ex-
18
pression of interest for adjacent acreage that is part of the
19
nature of the geological play and has yet to be offered in
20
a lease sale by the Secretary, they may request a suspension
21
of operations from the Secretary of the Interior and upon
22
request, the Secretary shall grant the suspension of oper-
23
ations within 15 days. Any payment of acreage rental or
24
of minimum royalty prescribed by such lease likewise shall
25
be suspended during such period of suspension of operations
26
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•HR 1335 RH
and production; and the term of such lease shall be extended
1
by adding any such suspension period thereto.’’.
2
SEC. 105. ADMINISTRATIVE PROTEST PROCESS REFORM.
3
Section 17 of the Mineral Leasing Act (30 U.S.C. 226)
4
is further amended by adding at the end the following:
5
‘‘(s) PROTEST FILING FEE.—
6
‘‘(1) IN GENERAL.—Before processing any pro-
7
test filed under this section, the Secretary shall collect
8
a filing fee in the amount described in paragraph (2)
9
from the protestor to recover the cost for processing
10
documents filed for each administrative protest.
11
‘‘(2) AMOUNT.—The amount described in this
12
paragraph is calculated as follows:
13
‘‘(A) For each protest filed in a submission
14
not exceeding 10 pages in length, the base filing
15
fee shall be $150.
16
‘‘(B) For each submission exceeding 10
17
pages in length, in addition to the base filing fee,
18
an assessment of $5 per page in excess of 10
19
pages shall apply.
20
‘‘(C) For protests that include more than
21
one oil and gas lease parcel, right-of-way, or ap-
22
plication for permit to drill in a submission, an
23
additional assessment of $10 per additional lease
24
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•HR 1335 RH
parcel, right-of-way, or application for permit to
1
drill shall apply.
2
‘‘(3) ADJUSTMENT.—
3
‘‘(A) IN GENERAL.—Beginning on January
4
1, 2024, and annually thereafter, the Secretary
5
shall adjust the filing fees established in this sub-
6
section to whole dollar amounts to reflect changes
7
in the Producer Price Index, as published by the
8
Bureau of Labor Statistics, for the previous 12
9
months.
10
‘‘(B) PUBLICATION
OF
ADJUSTED
FILING
11
FEES.—At least 30 days before the filing fees as
12
adjusted under this paragraph take effect, the
13
Secretary shall publish notification of the adjust-
14
ment of such fees in the Federal Register.’’.
15
SEC. 106. LEASING AND PERMITTING TRANSPARENCY.
16
(a) REPORT.—Not later than 30 days after the date
17
of the enactment of this section, and annually thereafter,
18
the Secretary of the Interior shall submit to the Committee
19
on Natural Resources of the House of Representatives and
20
the Committee on Energy and Natural Resources of the Sen-
21
ate a report that describes—
22
(1) the status of nominated parcels for future on-
23
shore oil and gas and geothermal lease sales, includ-
24
ing—
25
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•HR 1335 RH
(A) the number of expressions of interest re-
1
ceived each month during the period of 365 days
2
that ends on the date on which the report is sub-
3
mitted with respect to which the Bureau of Land
4
Management—
5
(i) has not taken any action to review;
6
(ii) has not completed review; or
7
(iii) has completed review and deter-
8
mined that the relevant area meets all ap-
9
plicable requirements for leasing, but has
10
not offered the relevant area in a lease sale;
11
(B) how long expressions of interest de-
12
scribed in subparagraph (A) have been pending;
13
and
14
(C) a plan, including timelines, for how the
15
Secretary of the Interior plans to—
16
(i) work through future expressions of
17
interest to prevent delays;
18
(ii) put expressions of interest de-
19
scribed in subparagraph (A) into a lease
20
sale; and
21
(iii) complete review for expressions of
22
interest described in clauses (i) and (ii) of
23
subparagraph (A);
24
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•HR 1335 RH
(2) the status of each pending application for
1
permit to drill rece
[Text truncated for display. Full text available on Congress.gov.]