What This Bill Does
This bill requires federal agencies to make decisions on energy project applications within 60 days instead of taking longer. The bill speeds up approval or denial of permits for natural gas, oil, wind, solar and other energy projects. It also changes environmental review rules and ends a tax credit for clean vehicles starting in 2024.
Who It Affects
Federal agencies that issue energy permits, the Federal Energy Regulatory Commission, energy companies seeking permits, states where federal land exists, and people who buy electric vehicles.
Key Provisions
* Federal agencies must approve or deny pending energy authorization applications within 60 days of the bill becoming law, and all future applications within 60 days of receiving them (Sec. 2(b))
* When a federal agency denies an energy authorization application, it must explain its reasons to Congress within 5 days (Sec. 2(c))
* The Federal Energy Regulatory Commission must approve or deny pending permits within 60 days and all future permits within 60 days of receiving them (Sec. 3(b))
* States can request authority to issue permits for oil and natural gas projects on federal land within their borders (Sec. 6(b))
* Presidential permits are no longer required for oil, natural gas or electric transmission pipelines (Sec. 5(a))
What Changes
Energy companies will receive permit decisions much faster. States gain power to approve some energy projects on federal land. An older environmental review rule becomes law. A water protection rule becomes law. The electric vehicle tax credit ends on December 31, 2024 instead of December 31, 2032.
Important Definitions
* Federal energy authorization: a permit, waiver, license or other approval from a federal agency for natural gas projects, oil and gas drilling, oil and gas lease sales, or alternative energy like geothermal, solar, wind and mineral production (Sec. 2(a))
* FERC authorization: a permit, waiver, license or other approval from the Federal Energy Regulatory Commission for oil pipelines, new natural gas pipelines, liquefied natural gas terminals or hydropower projects (Sec. 3(a))
* Federal land: public lands as defined in the Federal Land Policy and Management Act of 1976 (Sec. 6(a))
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 782
To require applicable Federal agencies to take action on applications for
Federal energy authorizations, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 14, 2023
Mr. SCOTT of Florida introduced the following bill; which was read twice and
referred to the Committee on Finance
A BILL
To require applicable Federal agencies to take action on
applications for Federal energy authorizations, 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.
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This Act may be cited as the ‘‘Furthering Resource
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Exploration and Empowering American Energy Act’’ or
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the ‘‘FREE American Energy Act’’.
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SEC. 2. FEDERAL ENERGY AUTHORIZATIONS.
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(a) DEFINITION OF FEDERAL ENERGY AUTHORIZA-
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TION.—In this section, the term ‘‘Federal energy author-
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•S 782 IS
ization’’ means a permit, waiver, license, or other author-
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ization required from a Federal agency relating to—
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(1) a natural gas transmission project;
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(2) a natural gas interstate project;
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(3) the exportation of natural gas;
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(4) oil and gas lease sales;
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(5) onshore and offshore oil and gas drilling ex-
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ploration; or
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(6) alternative energy production, including—
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(A) geothermal production;
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(B) solar production;
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(C) wind production; and
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(D) mineral production.
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(b) AGENCY ACTION.—
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(1)
IN
GENERAL.—The
President,
acting
15
through the Director of the Office of Management
16
and Budget, shall require each applicable Federal
17
agency to, not later than 60 days after the date of
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enactment of this Act, review and approve or deny
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each application for a Federal energy authorization
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that is pending with the Federal agency on the date
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of enactment of this Act.
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(2) SUBSEQUENT
APPLICATIONS.—The Presi-
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dent, acting through the Director of the Office of
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Management and Budget, shall require each applica-
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•S 782 IS
ble Federal agency to, not later than 60 days after
1
the date on which the Federal agency receives an ap-
2
plication for a Federal energy authorization, review
3
and approve or deny the application.
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(c) DENIAL.—If a Federal agency denies an applica-
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tion for a Federal energy authorization under paragraph
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(1) or (2) of subsection (b), not later than 5 days after
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the date of the denial, the Federal agency shall submit
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to Congress a detailed explanation of the reasons for the
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denial.
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(d) EXTENSION.—On request by the head of a Fed-
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eral agency, the President, acting through the Director of
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the Office of Management and Budget, may grant an ex-
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tension of the deadline under paragraph (1) or (2) of sub-
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section (b) of not more than 30 days, on the condition
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that the head of the Federal agency submits to Congress
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an explanation of the reasons why the extension is nec-
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essary.
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SEC. 3. FERC AUTHORIZATIONS.
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(a) DEFINITIONS.—In this section:
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(1) COMMISSION.—The term ‘‘Commission’’
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means the Federal Energy Regulatory Commission.
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(2) FERC AUTHORIZATION.—The term ‘‘FERC
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authorization’’ means a permit, waiver, license, or
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•S 782 IS
other authorization required from the Commission
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relating to—
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(A) transportation of oil by pipeline in
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interstate commerce;
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(B) construction of new interstate natural
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gas pipelines or natural gas storage projects;
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(C) liquefied natural gas terminal projects;
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or
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(D) projects relating to hydropower.
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(b) FERC ACTION.—
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(1) IN GENERAL.—Not later than 60 days after
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the date of enactment of this Act, the Commission
12
shall review and approve or deny each application
13
for a FERC authorization that is pending on the
14
date of enactment of this Act.
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(2) SUBSEQUENT
APPLICATIONS.—Not later
16
than 60 days after the date on which the Commis-
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sion receives an application for a FERC authoriza-
18
tion, the Commission shall review and approve or
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deny the application.
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(c) DENIAL.—If the Commission denies an applica-
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tion for a FERC authorization under paragraph (1) or
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(2) of subsection (b), not later than 5 days after the date
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of the denial, the Commission shall submit to Congress
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a detailed explanation of the reasons for the denial.
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•S 782 IS
(d) EXTENSION.—
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(1) IN GENERAL.—The Commission may sub-
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mit to Congress a request for an extension of the
3
deadline under paragraph (1) or (2) of subsection
4
(b) of not more than 30 days, which shall include an
5
explanation of the reasons why the extension is nec-
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essary.
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(2) CONGRESSIONAL APPROVAL.—A request for
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an extension under paragraph (1) may only be ap-
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proved by an Act of Congress.
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SEC. 4. RESCISSION OF EXECUTIVE ORDER.
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Executive Order 13990 (42 U.S.C. 4321 note; relat-
12
ing to protecting public health and the environment and
13
restoring science to tackle the climate crisis) is rescinded
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and shall have no force or effect.
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SEC. 5. CONSTRUCTION, CONNECTION, OPERATION, AND
16
MAINTENANCE OF OIL OR NATURAL GAS
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PIPELINES OR ELECTRIC TRANSMISSION FA-
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CILITIES.
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(a) IN GENERAL.—No Presidential permit (or similar
20
permit) required under Executive Order 13337 (3 U.S.C.
21
301 note; 69 Fed. Reg. 25299 (April 30, 2004)), Execu-
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tive Order 11423 (3 U.S.C. 301 note; 33 Fed. Reg. 11741
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(August 16, 1968)), section 301 of title 3, United States
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Code, Executive Order 12038 (43 Fed. Reg. 3674 (Janu-
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•S 782 IS
ary 26, 1978)), Executive Order 10485 (18 Fed. Reg.
1
5397 (September 9, 1953)), or any other Executive order
2
shall be necessary for the construction, connection, oper-
3
ation, or maintenance of an oil or natural gas pipeline or
4
electric transmission facility or any cross-border segment
5
thereof.
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(b) CONGRESSIONAL AUTHORITY.—The construction,
7
connection, operation, or maintenance of an oil or natural
8
gas pipeline or electric transmission facility, or any cross-
9
border segment thereof, may be approved by an Act of
10
Congress.
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SEC. 6. ENERGY PRODUCTION PERMITS ON FEDERAL
12
LAND.
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(a) DEFINITIONS.—In this section:
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(1) AGENCY; RULE MAKING.—The terms ‘‘agen-
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cy’’ and ‘‘rule making’’ have the meanings given the
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terms in section 551 of title 5, United States Code.
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(2) FEDERAL LAND.—The term ‘‘Federal land’’
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means public lands (as defined in section 103 of the
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Federal Land Policy and Management Act of 1976
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(43 U.S.C. 1702)).
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(b) DELEGATION.—Not later than 180 days after the
22
date of enactment of this Act, the President, acting
23
through the Director of the Office of Management and
24
Budget, shall initiate a rule making to develop an inter-
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•S 782 IS
agency process under which any authority or requirement
1
of an agency to issue a permit or other required authoriza-
2
tion necessary to identify, develop, extract, and transport
3
oil or natural gas on Federal land shall be delegated to
4
the State within the borders of which the Federal land
5
is located, on written request of the State to assume such
6
authority.
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SEC. 7. CODIFICATION OF NEPA IMPLEMENTING REGULA-
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TIONS REFORM RULE.
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The final rule of the Council on Environmental Qual-
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ity entitled ‘‘Update to the Regulations Implementing the
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Procedural Provisions of the National Environmental Pol-
12
icy Act’’ (85 Fed. Reg. 43304 (July 16, 2020)) is enacted
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into law.
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SEC. 8. NAVIGABLE WATERS PROTECTION RULE.
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The final rule of the Corps of Engineers and the En-
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vironmental Protection Agency entitled ‘‘The Navigable
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Waters Protection Rule: Definition of ‘Waters of the
18
United States’ ’’ (85 Fed. Reg. 22250 (April 21, 2020))
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is enacted into law.
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SEC. 9. TERMINATION OF CREDIT FOR CLEAN VEHICLES.
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Section 30D(h) of the Internal Revenue Code of 1986
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is amended by striking ‘‘December 31, 2032’’ and insert-
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ing ‘‘December 31, 2024’’.
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Æ
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