United States 118th Congress Status: Passed House 1 R cosponsors

HR 2811 — Limit, Save, Grow Act of 2023

Last action — Committee on the Budget. Hearings held. Hearings printed: S.Hrg. 118-76.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

To provide for a responsible increase to the debt ceiling, and for other purposes.

Bill Text

What changed in the latest version

11 added · 1 removed

Plain-language change summary

The changes to HR 2811 include the addition of a Senate calendar designation indicating that the bill has been placed on the calendar for consideration, and the removal of a reference to the bill's engrossment in the House. This matters because the calendar designation signifies that the bill is moving forward in the legislative process for potential debate and voting in the Senate, while the removal of the House engrossment reference clarifies the bill's current status.

→
Previous
Latest
2811 Engrossed in House (EH)] <DOC> 118th CONGRESS 1st Session H.
2811 Placed on Calendar Senate (PCS)] <DOC> Calendar No.
41 118th CONGRESS 1st Session H.
2811 _______________________________________________________________________ AN ACT To provide for a responsible increase to the debt ceiling, and for other purposes.
2811 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 1, 2023 Received;
read the first time May 2, 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.
Clerk.
CHERYL L.
118th CONGRESS 1st Session H.
JOHNSON, Clerk.
Calendar No.
41 118th CONGRESS 1st Session H.
_______________________________________________________________________ May 2, 2023 Read the second time and placed on the calendar
⬇ Download PDF
View plain text versions (3)

Sections of law this bill changes

52 sections in 27 laws

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Emergency powers to eliminate budget deficits · 2 U.S.C. ch. 20 4 sections
  • § 901 Enforcing discretionary spending limits Amends

    2 U.S.C. § 901 — at 901(c)

    The law today

    (a) Enforcement (1) Sequestration Within 15 calendar days after Congress adjourns to end a session there shall be a sequestration to eliminate a budget-year breach, if any, within any category. (2) Eliminating a breach Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to eliminate a breach within that category. (3) Military personnel If the President uses the authority to exempt any personnel account from sequestration under section 905(f) of this title, each account within subfunctional category 051 (other than those military personnel accounts for which the authority provided under section 905(f) of this title has been exercised) shall be further reduced by a dollar amount calculated by multiplying the enacted level of non-exempt budgetary resources in that account at that time by the uniform percentage necessary to offset the total dollar amount by which outlays are not reduced in military personnel accounts by reason of the use of such authority. (4) Part-year appropriations If, on the date specified in paragraph (1), there is in effect an Act making or continuing appropriations for part of a fiscal year for any budget account, then the dollar sequestration calculated for that account under paragraphs (2) and (3) shall be subtracted from— (A) the annualized amount otherwise available by law in that account under that or a subsequent part-year appropriation; and (B) when a full-year appropriation for that account is enacted, from the amount otherwise provided by the full-year appropriation for that account. (5) Look-back If, after June 30, an appropriation for the fiscal year in progress is enacted that causes a breach within a category for that year (after taking into account any sequestration of amounts within that category), the discretionary spending limits for that category for the next fiscal year shall be reduced by the amount or amounts of that breach. (6) Within-session sequestration If an appropriation for a fiscal year in progress is enacted (after Congress adjourns to end the session for that budget year and before July 1 of that fiscal year) that causes a breach within a category for that year (after taking into account any prior sequestration of amounts within that category), 15 days later there shall be a sequestration to eliminate that breach within that category following the procedures set forth in paragraphs (2) through (4). (7) Estimates (A) CBO estimates As soon as practicable after Congress completes action on any discretionary appropriation, CBO, after consultation with the Committees on the Budget of the House of Representatives and the Senate, shall provide OMB with an estimate of the amount of discretionary new budget authority and outlays for the current year, if any, and the budget year provided by that legislation. (B) OMB estimates and explanation of differences Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any discretionary appropriation, OMB shall transmit a report to the House of Representatives and to the Senate containing both the CBO and OMB estimates of the amount of discretionary new budget authority for the current year, if any, and the budget year provided by that legislation, and an explanation of any difference between the 2 estimates. If during the preparation of the report OMB determines that there is a significant difference between OMB and CBO, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation shall include, to the extent practicable, written communication to those committees that affords such committees the opportunity to comment before the issuance of the report. (C) Assumptions and guidelines OMB estimates under this paragraph shall be made u...

    65 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 904 Reports and orders Amends

    2 U.S.C. § 904

    The law today

    (a) Timetable The timetable with respect to this subchapter for any budget year is as follows: Date: Action to be completed: January 21 Notification regarding optional adjustment of maximum deficit amount. 5 days before the President’s budget submission CBO sequestration preview report. The President’s budget submission OMB sequestration preview report. August 10 Notification regarding military personnel. August 15 CBO sequestration update report. August 20 OMB sequestration update report. 10 days after end of session CBO final sequestration report. 15 days after end of session OMB final sequestration report; Presidential order. (b) Submission and availability of reports Each report required by this section shall be submitted, in the case of CBO, to the House of Representatives, the Senate and OMB and, in the case of OMB, to the House of Representatives, the Senate, and the President on the day it is issued. On the following day a notice of the report shall be printed in the Federal Register. (c) Sequestration preview reports (1) Reporting requirement On the dates specified in subsection (a), OMB and CBO shall issue a preview report regarding discretionary, pay-as-you-go, and deficit sequestration based on laws enacted through those dates. (2) Discretionary sequestration report The preview reports shall set forth estimates for the current year and each subsequent year through 2025 of the applicable discretionary spending limits for each category and an explanation of any adjustments in such limits under section 901 of this title. (3) Pay-as-you-go sequestration reports The preview reports shall set forth, for the current year and the budget year, estimates for each of the following: (A) The amount of net deficit increase or decrease, if any, calculated under section 902(b) of this title. (B) A list identifying each law enacted and sequestration implemented after November 5, 1990, included in the calculation of the amount of deficit increase or decrease and specifying the budgetary effect of each such law. (C) The sequestration percentage or (if the required sequestration percentage is greater than the maximum allowable percentage for medicare) percentages necessary to eliminate a deficit increase under section 902(c) of this title. (4) Deficit sequestration reports The preview reports shall set forth for the budget year estimates for each of the following: (A) The maximum deficit amount, the estimated deficit calculated under section 903(b) of this title, the excess deficit, and the margin. (B) The amount of reductions required under section 902 of this title, the excess deficit remaining after those reductions have been made, and the amount of reductions required from defense accounts and the reductions required from non-defense accounts. (C) The sequestration percentage necessary to achieve the required reduction in defense accounts under section 903(d) of this title. (D) The reductions required under sections 903(e)(1) and 903(e)(2) of this title. (E) The sequestration percentage necessary to achieve the required reduction in non-defense accounts under section 903(e)(3) of this title. The CBO report need not set forth the items other than the maximum deficit amount for fiscal year 1992, 1993, or any fiscal year for which the President notifies the House of Representatives and the Senate that he will adjust the maximum deficit amount under the option under section 903(g)(1)(B) of this title. (5) Explanation of differences The OMB reports shall explain the differences between OMB and CBO estimates for each item set forth in this subsection. (d) Notification regarding military personnel On or before the date specified in subsection (a), the President shall notify the Congress of the manner in which he intends to exercise flexibility with respect to military personnel accounts under section 905(f) of this title. (e) Sequestration update reports On the dates specified in subsection (a), OMB and CBO shall issue a sequestration...

    5 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 905 Exempt programs and activities Amends

    2 U.S.C. § 905 — at 905(g)(1)(A)

    The law today

    (a) Social security benefits and tier I railroad retirement benefits Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act (42 U.S.C. 401 et seq.), and benefits payable under sections 231b and 231c 1 of title 45, shall be exempt from reduction under any order issued under this subchapter. (b) Veterans programs The following programs shall be exempt from reduction under any order issued under this subchapter: All programs administered by the Department of Veterans Affairs. Special benefits for certain World War II veterans (28–0401–0–1–701). (c) Net interest No reduction of payments for net interest (all of major functional category 900) shall be made under any order issued under this subchapter. (d) Refundable income tax credits and certain elective payments (1) Refundable income tax credits Payments to individuals made pursuant to provisions of title 26 establishing refundable tax credits shall be exempt from reduction under any order issued under this subchapter. (2) Certain elective payments Payments made to taxpayers pursuant to elections under subsection (d) of section 48D of title 26, or amounts treated as payments which are made by taxpayers under paragraph (1) of such subsection, shall be exempt from reduction under any order issued under this subchapter. (e) Non-defense unobligated balances Unobligated balances of budget authority carried over from prior fiscal years, except balances in the defense category, shall be exempt from reduction under any order issued under this subchapter. (f) Optional exemption of military personnel (1) In general The President may, with respect to any military personnel account, exempt that account from sequestration or provide for a lower uniform percentage reduction than would otherwise apply. (2) Limitation The President may not use the authority provided by paragraph (1) unless the President notifies the Congress of the manner in which such authority will be exercised on or before the date specified in section 904(a) of this title for the budget year. (g) Other programs and activities (1) (A) The following budget accounts and activities shall be exempt from reduction under any order issued under this subchapter: Activities resulting from private donations, bequests, or voluntary contributions to the Government. Activities financed by voluntary payments to the Government for goods or services to be provided for such payments. Administration of Territories, Northern Mariana Islands Covenant grants (14–0412–0–1–808). Advances to the Unemployment Trust Fund and Other Funds (16–0327–0–1–600). Black Lung Disability Trust Fund Refinancing (16–0329–0–1–601). Bonneville Power Administration Fund and borrowing authority established pursuant to section 13 of Public Law 93–454 (1974), as amended [16 U.S.C. 838k] (89–4045–0–3–271). Claims, Judgments, and Relief Acts (20–1895–0–1–808). Compact of Free Association (14–0415–0–1–808). Compensation of the President (11–0209–01–1–802). Comptroller of the Currency, Assessment Funds (20–8413–0–8–373). Continuing Fund, Southeastern Power Administration (89–5653–0–2–271). Continuing Fund, Southwestern Power Administration (89–5649–0–2–271). Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund. Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund. Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund. Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund 2 Dual Benefits Payments Account (60–0111–0–1–601). Emergency Fund, Western Area Power Administration (89–5069–0–2–271). Exchange Stabilization Fund (20–4444–0–3–155). Farm Credit Administration Operating Expenses Fund (78–4131–0–3–351). Farm Credit System Insurance Corporation, Farm Credit Insurance Fund (78–4171–0–3–351). Federal Deposit Insuran...

    99 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 907 The baseline Amends

    2 U.S.C. § 907 — at 907(b)(2)

    The law today

    (a) In general For any budget year, the baseline refers to a projection of current-year levels of new budget authority, outlays, revenues, and the surplus or deficit into the budget year and the outyears based on laws enacted through the applicable date. (b) Direct spending and receipts For the budget year and each outyear, the baseline shall be calculated using the following assumptions: (1) In general Laws providing or creating direct spending and receipts are assumed to operate in the manner specified in those laws for each such year and funding for entitlement authority is assumed to be adequate to make all payments required by those laws. (2) Exceptions (A) (i) No program established by a law enacted on or before August 5, 1997, with estimated current year outlays greater than $50,000,000 shall be assumed to expire in the budget year or the outyears. The scoring of new programs with estimated outlays greater than $50,000,000 a year shall be based on scoring by the Committees on Budget or OMB, as applicable. OMB, CBO, and the Budget Committees shall consult on the scoring of such programs where there are differences between CBO and OMB. (ii) On the expiration of the suspension of a provision of law that is suspended under section 7301 of title 7 and that authorizes a program with estimated fiscal year outlays that are greater than $50,000,000, for purposes of clause (i), the program shall be assumed to continue to operate in the same manner as the program operated immediately before the expiration of the suspension. (B) The increase for veterans’ compensation for a fiscal year is assumed to be the same as that required by law for veterans’ pensions unless otherwise provided by law enacted in that session. (C) Excise taxes dedicated to a trust fund, if expiring, are assumed to be extended at current rates. (D) If any law expires before the budget year or any outyear, then any program with estimated current year outlays greater than $50,000,000 that operates under that law shall be assumed to continue to operate under that law as in effect immediately before its expiration. (3) Hospital Insurance Trust Fund Notwithstanding any other provision of law, the receipts and disbursements of the Hospital Insurance Trust Fund shall be included in all calculations required by this Act. (c) Discretionary appropriations For the budget year and each outyear, the baseline shall be calculated using the following assumptions regarding all amounts other than those covered by subsection (b): (1) Inflation of current-year appropriations Budgetary resources other than unobligated balances shall be at the level provided for the budget year in full-year appropriation Acts. If for any account a full-year appropriation has not yet been enacted, budgetary resources other than unobligated balances shall be at the level available in the current year, adjusted sequentially and cumulatively for expiring housing contracts as specified in paragraph (2), for social insurance administrative expenses as specified in paragraph (3), to offset pay absorption and for pay annualization as specified in paragraph (4), for inflation as specified in paragraph (5), and to account for changes required by law in the level of agency payments for personnel benefits other than pay. (2) Expiring housing contracts New budget authority to renew expiring multiyear subsidized housing contracts shall be adjusted to reflect the difference in the number of such contracts that are scheduled to expire in that fiscal year and the number expiring in the current year, with the per-contract renewal cost equal to the average current-year cost of renewal contracts. (3) Social insurance administrative expenses Budgetary resources for the administrative expenses of the following trust funds shall be adjusted by the percentage change in the beneficiary population from the current year to that fiscal year: the Federal Hospital Insurance Trust Fund, the Supplementary Medical Insurance Trust...

    20 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Supplemental nutrition assistance program · 7 U.S.C. ch. 51 2 sections
  • § 2011 Congressional declaration of policy Amends

    7 U.S.C. § 2011

    The law today

    It is declared to be the policy of Congress, in order to promote the general welfare, to safeguard the health and well-being of the Nation’s population by raising levels of nutrition among low-income households. Congress finds that the limited food purchasing power of low-income households contributes to hunger and malnutrition among members of such households. Congress further finds that increased utilization of food in establishing and maintaining adequate national levels of nutrition will promote the distribution in a beneficial manner of the Nation’s agricultural abundance and will strengthen the Nation’s agricultural economy, as well as result in more orderly marketing and distribution of foods. To alleviate such hunger and malnutrition, a supplemental nutrition assistance program is herein authorized which will permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation. That program includes as a purpose to assist low-income adults in obtaining employment and increasing their earnings. Such employment and earnings, along with program benefits, will permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation.

    57 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 2015 Eligibility disqualifications Amends

    7 U.S.C. § 2015 — at 2015(6)(o)(3)(A) and 2015(6)(o)(6)

    The law today

    (a) Additional specific conditions rendering individuals ineligible In addition to meeting the standards of eligibility prescribed in section 2014 of this title, households and individuals who are members of eligible households must also meet and comply with the specific requirements of this section to be eligible for participation in the supplemental nutrition assistance program. (b) Fraud and misrepresentation; disqualification penalties; ineligibility period; applicable procedures (1) Any person who has been found by any State or Federal court or administrative agency to have intentionally (A) made a false or misleading statement, or misrepresented, concealed or withheld facts, or (B) committed any act that constitutes a violation of this chapter, the regulations issued thereunder, or any State statute, for the purpose of using, presenting, transferring, acquiring, receiving, or possessing program benefits shall, immediately upon the rendering of such determination, become ineligible for further participation in the program— (i) for a period of 1 year upon the first occasion of any such determination; (ii) for a period of 2 years upon— (I) the second occasion of any such determination; or (II) the first occasion of a finding by a Federal, State, or local court of the trading of a controlled substance (as defined in section 802 of title 21) for benefits; and (iii) permanently upon— (I) the third occasion of any such determination; (II) the second occasion of a finding by a Federal, State, or local court of the trading of a controlled substance (as defined in section 802 of title 21) for benefits; (III) the first occasion of a finding by a Federal, State, or local court of the trading of firearms, ammunition, or explosives for benefits; or (IV) a conviction of an offense under subsection (b) or (c) of section 2024 of this title involving an item covered by subsection (b) or (c) of section 2024 of this title having a value of $500 or more. During the period of such ineligibility, no household shall receive increased benefits under this chapter as the result of a member of such household having been disqualified under this subsection. (2) Each State agency shall proceed against an individual alleged to have engaged in such activity either by way of administrative hearings, after notice and an opportunity for a hearing at the State level, or by referring such matters to appropriate authorities for civil or criminal action in a court of law. (3) Such periods of ineligibility as are provided for in paragraph (1) of this subsection shall remain in effect, without possibility of administrative stay, unless and until the finding upon which the ineligibility is based is subsequently reversed by a court of appropriate jurisdiction, but in no event shall the period of ineligibility be subject to review. (4) The Secretary shall prescribe such regulations as the Secretary may deem appropriate to ensure that information concerning any such determination with respect to a specific individual is forwarded to the Office of the Secretary by any appropriate State or Federal entity for the use of the Secretary in administering the provisions of this section. No State shall withhold such information from the Secretary or the Secretary’s designee for any reason whatsoever. (c) Refusal to provide necessary information Except in a case in which a household is receiving transitional benefits during the transitional benefits period under section 2020(s) of this title, no household shall be eligible to participate in the supplemental nutrition assistance program if it refuses to cooperate in providing information to the State agency that is necessary for making a determination of its eligibility or for completing any subsequent review of its eligibility. (1) (A) A State agency may require certain categories of households to file periodic reports of income and household circumstances in accordance with standards prescribed by the Secretary, except th...

    91 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Natural gas · 15 U.S.C. ch. 15B 1 section
  • § 717b Exportation or importation of natural gas; LNG terminals Amends

    15 U.S.C. § 717b

    The law today

    (a) Mandatory authorization order After six months from June 21, 1938, no person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured an order of the Commission authorizing it to do so. The Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed exportation or importation will not be consistent with the public interest. The Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Commission may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order in the premises as it may find necessary or appropriate. (b) Free trade agreements With respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, and with respect to liquefied natural gas— (1) the importation of such natural gas shall be treated as a “first sale” within the meaning of section 3301(21) of this title; and (2) the Commission shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis. (c) Expedited application and approval process For purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay. (d) Construction with other laws Except as specifically provided in this chapter, nothing in this chapter affects the rights of States under— (1) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (2) the Clean Air Act (42 U.S.C. 7401 et seq.); or (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (e) LNG terminals (1) The Commission shall have the exclusive authority to approve or deny an application for the siting, construction, expansion, or operation of an LNG terminal. Except as specifically provided in this chapter, nothing in this chapter is intended to affect otherwise applicable law related to any Federal agency’s authorities or responsibilities related to LNG terminals. (2) Upon the filing of any application to site, construct, expand, or operate an LNG terminal, the Commission shall— (A) set the matter for hearing; (B) give reasonable notice of the hearing to all interested persons, including the State commission of the State in which the LNG terminal is located and, if not the same, the Governor-appointed State agency described in section 717b–1 of this title; (C) decide the matter in accordance with this subsection; and (D) issue or deny the appropriate order accordingly. (3) (A) Except as provided in subparagraph (B), the Commission may approve an application described in paragraph (2), in whole or part, with such modifications and upon such terms and conditions as the Commission find 1 necessary or appropriate. (B) Before January 1, 2015, the Commission shall not— (i) deny an application solely on the basis that the applicant proposes to use the LNG terminal exclusively or partially for gas that the applicant or an affiliate of the applicant will supply to the facility; or (ii) condition an order on— (I) a requirement that the LNG terminal offer service to customers other than the applicant, or any affiliate of the applicant, securing the order; (II) any regulation of the rates, charges, terms, or conditions of service of the LNG terminal; or (III) a requirement to file with the Commission schedules or contracts related to the rates, charges, term...

    86 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Toxic substances control · 15 U.S.C. ch. 53 1 section
  • § 2604 Manufacturing and processing notices Amends

    15 U.S.C. § 2604 — at 2604(a)

    The law today

    (a) In general (1) (A) Except as provided in subparagraph (B) of this paragraph and subsection (h), no person may— (i) manufacture a new chemical substance on or after the 30th day after the date on which the Administrator first publishes the list required by section 2607(b) of this title, or (ii) manufacture or process any chemical substance for a use which the Administrator has determined, in accordance with paragraph (2), is a significant new use. (B) A person may take the actions described in subparagraph (A) if— (i) such person submits to the Administrator, at least 90 days before such manufacture or processing, a notice, in accordance with subsection (d), of such person’s intention to manufacture or process such substance and such person complies with any applicable requirement of, or imposed pursuant to, subsection (b), (e), or (f); and (ii) the Administrator— (I) conducts a review of the notice; and (II) makes a determination under subparagraph (A), (B), or (C) of paragraph (3) and takes the actions required in association with that determination under such subparagraph within the applicable review period. (2) A determination by the Administrator that a use of a chemical substance is a significant new use with respect to which notification is required under paragraph (1) shall be made by a rule promulgated after a consideration of all relevant factors, including— (A) the projected volume of manufacturing and processing of a chemical substance, (B) the extent to which a use changes the type or form of exposure of human beings or the environment to a chemical substance, (C) the extent to which a use increases the magnitude and duration of exposure of human beings or the environment to a chemical substance, and (D) the reasonably anticipated manner and methods of manufacturing, processing, distribution in commerce, and disposal of a chemical substance. (3) Review and determination.— Within the applicable review period, subject to section 2617 of this title, the Administrator shall review such notice and determine— (A) that the relevant chemical substance or significant new use presents an unreasonable risk of injury to health or the environment, without consideration of costs or other nonrisk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant by the Administrator under the conditions of use, in which case the Administrator shall take the actions required under subsection (f); (B) that— (i) the information available to the Administrator is insufficient to permit a reasoned evaluation of the health and environmental effects of the relevant chemical substance or significant new use; or (ii) (I) in the absence of sufficient information to permit the Administrator to make such an evaluation, the manufacture, processing, distribution in commerce, use, or disposal of such substance, or any combination of such activities, may present an unreasonable risk of injury to health or the environment, without consideration of costs or other nonrisk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant by the Administrator; or (II) such substance is or will be produced in substantial quantities, and such substance either enters or may reasonably be anticipated to enter the environment in substantial quantities or there is or may be significant or substantial human exposure to the substance, in which case the Administrator shall take the actions required under subsection (e); or (C) that the relevant chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment, without consideration of costs or other nonrisk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant by the Administrator under the conditions of use, in which case the submitter of the notice may commence manufacture of the ...

    8 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Federal regulation and development of power · 16 U.S.C. ch. 12 2 sections 1 repealed
  • § 824a Interconnection and coordination of facilities; emergencies; transmission to foreign countries Repeals

    16 U.S.C. § 824a — at 824a(e) and 824a(f)

    The law today

    (a) Regional districts; establishment; notice to State commissions For the purpose of assuring an abundant supply of electric energy throughout the United States with the greatest possible economy and with regard to the proper utilization and conservation of natural resources, the Commission is empowered and directed to divide the country into regional districts for the voluntary interconnection and coordination of facilities for the generation, transmission, and sale of electric energy, and it may at any time thereafter, upon its own motion or upon application, make such modifications thereof as in its judgment will promote the public interest. Each such district shall embrace an area which, in the judgment of the Commission, can economically be served by such interconnection and coordinated electric facilities. It shall be the duty of the Commission to promote and encourage such interconnection and coordination within each such district and between such districts. Before establishing any such district and fixing or modifying the boundaries thereof the Commission shall give notice to the State commission of each State situated wholly or in part within such district, and shall afford each such State commission reasonable opportunity to present its views and recommendations, and shall receive and consider such views and recommendations. (b) Sale or exchange of energy; establishing physical connections Whenever the Commission, upon application of any State commission or of any person engaged in the transmission or sale of electric energy, and after notice to each State commission and public utility affected and after opportunity for hearing, finds such action necessary or appropriate in the public interest it may by order direct a public utility (if the Commission finds that no undue burden will be placed upon such public utility thereby) to establish physical connection of its transmission facilities with the facilities of one or more other persons engaged in the transmission or sale of electric energy, to sell energy to or exchange energy with such persons: Provided, That the Commission shall have no authority to compel the enlargement of generating facilities for such purposes, nor to compel such public utility to sell or exchange energy when to do so would impair its ability to render adequate service to its customers. The Commission may prescribe the terms and conditions of the arrangement to be made between the persons affected by any such order, including the apportionment of cost between them and the compensation or reimbursement reasonably due to any of them. (c) Temporary connection and exchange of facilities during emergency (1) During the continuance of any war in which the United States is engaged, or whenever the Commission determines that an emergency exists by reason of a sudden increase in the demand for electric energy, or a shortage of electric energy or of facilities for the generation or transmission of electric energy, or of fuel or water for generating facilities, or other causes, the Commission shall have authority, either upon its own motion or upon complaint, with or without notice, hearing, or report, to require by order such temporary connections of facilities and such generation, delivery, interchange, or transmission of electric energy as in its judgment will best meet the emergency and serve the public interest. If the parties affected by such order fail to agree upon the terms of any arrangement between them in carrying out such order, the Commission, after hearing held either before or after such order takes effect, may prescribe by supplemental order such terms as it finds to be just and reasonable, including the compensation or reimbursement which should be paid to or by any such party. (2) With respect to an order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation, the Commission shall ensure that suc...

    15 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 824a-4 Seasonal diversity electricity exchange Amends

    16 U.S.C. § 824a-4 — at 824a-4(b)

    The law today

    (a) Authority The Secretary may acquire rights-of-way by purchase, including eminent domain, through North Dakota, South Dakota, and Nebraska for transmission facilities for the seasonal diversity exchange of electric power to and from Canada if he determines— (1) after opportunity for public hearing— (A) that the exchange is in the public interest and would further the purposes referred to in section 2611(1) and (2) of this title and that the acquisition of such rights-of-way and the construction and operation of such transmission facilities for such purposes is otherwise in the public interest, (B) that a permit has been issued in accordance with subsection (b) for such construction, operation, maintenance, and connection of the facilities at the border for the transmission of electric energy between the United States and Canada as is necessary for such exchange of electric power, and (C) that each affected State has approved the portion of the transmission route located in each State in accordance with applicable State law, or if there is no such applicable State law in such State, the Governor has approved such portion; and (2) after consultation with the Secretary of the Interior and the heads of other affected Federal agencies, that the Secretary of the Interior and the heads of such,1 other agencies concur in writing in the location of such portion of the transmission facilities as crosses Federal land under the jurisdiction of such Secretary or such other Federal agency, as the case may be. The Secretary shall provide to any State such cooperation and technical assistance as the State may request and as he determines appropriate in the selection of a transmission route. If the transmission route approved by any State does not appear to be feasible and in the public interest, the Secretary shall encourage such State to review such route and to develop a route that is feasible and in the public interest. Any exercise by the Secretary of the power of eminent domain under this section shall be in accordance with other applicable provisions of Federal law. The Secretary shall provide public notice of his intention to acquire any right-of-way before exercising such power of eminent domain with respect to such right-of-way. (b) Permit Notwithstanding any transfer of functions under the first sentence of section 301(b) of the Department of Energy Organization Act [42 U.S.C. 7151(b)], no permit referred to in subsection (a)(1)(B) may be issued unless the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act [16 U.S.C. 824a(e)] and under the applicable execution order respecting the construction, operation, maintenance, or connection at the borders of the United States of facilities for the transmission of electric energy between the United States and a foreign country. Any finding of the Commission under an applicable executive order referred to in this subsection shall be treated for purposes of judicial review as an order issued under section 202(e) of the Federal Power Act. (c) Timely acquisition by other means The Secretary may not acquire any rights-of-day 2 under this section unless he determines that the holder or holders of a permit referred to in subsection (a)(1)(B) are unable to acquire such rights-of-way under State condemnation authority, or after reasonable opportunity for negotiation, without unreasonably delaying construction, taking into consideration the impact of such delay on completion of the facilities in a timely fashion. (d) Payments by permittees (1) The property interest acquired by the Secretary under this section (whether by eminent domain or other purchase) shall be transferred by the Secretary to the holder of a permit referred to in subsection (b) if such holder has made payment to the Secretary of the entire costs of the acquisition of such property interest, including administrative costs. The Secretary may accept, and expend, for purpo...

    11 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Higher education resources and student assistance · 20 U.S.C. ch. 28 Amends the act as a whole
Federal-aid highways · 23 U.S.C. ch. 1 1 section
  • § 139 Efficient environmental reviews for project decisionmaking and One Federal Decision Amends

    23 U.S.C. § 139 — at 139(l)

    The law today

    (a) Definitions.— In this section, the following definitions apply: (1) Agency.— The term “agency” means any agency, department, or other unit of Federal, State, local, or Indian tribal government. (2) Authorization.— The term “authorization” means any environmental license, permit, approval, finding, or other administrative decision related to the environmental review process that is required under Federal law to site, construct, or reconstruct a project. (3) Environmental document.— The term “environmental document” includes an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (4) Environmental impact statement.— The term “environmental impact statement” means the detailed statement of environmental impacts required to be prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (5) Environmental review process.— (A) In general.— The term “environmental review process” means the process for preparing for a project an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (B) Inclusions.— The term “environmental review process” includes the process and schedule, including a timetable for and completion of any environmental permit, approval, review, or study required for a project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (6) Lead agency.— The term “lead agency” means the Department of Transportation and, if applicable, any State or local governmental entity serving as a joint lead agency pursuant to this section. (7) Major project.— (A) In general.— The term “major project” means a project for which— (i) multiple permits, approvals, reviews, or studies are required under a Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (ii) the project sponsor has identified the reasonable availability of funds sufficient to complete the project; (iii) the project is not a covered project (as defined in section 41001 of the FAST Act (42 U.S.C. 4370m)); and (iv) (I) the head of the lead agency has determined that an environmental impact statement is required; or (II) the head of the lead agency has determined that an environmental assessment is required, and the project sponsor requests that the project be treated as a major project. (B) Clarification.— In this section, the term “major project” does not have the same meaning as the term “major project” as described in section 106(h). (8) Multimodal project.— The term “multimodal project” means a project that requires the approval of more than 1 Department of Transportation operating administration or secretarial office. (9) Project.— (A) In general.— The term “project” means any highway project, public transportation capital project, or multimodal project that, if implemented as proposed by the project sponsor, would require approval by any operating administration or secretarial office within the Department of Transportation. (B) Considerations.— In determining whether a project is a project under subparagraph (A), the Secretary shall take into account, if known, any sources of Federal funding or financing identified by the project sponsor, including any discretionary grant, loan, and loan guarantee programs administered by the Department of Transportation. (10) Project sponsor.— The term “project sponsor” means the agency or other entity, including any private or public-private entity, that seeks approval of the Secretary for a project. (11) State transportation department.— The term “State transportation department” means any statewide agency of a State with responsibility for one or more modes of transportation. (b) Applicability.— (1) In general.— The project dev...

    13 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

General provisions · 23 U.S.C. ch. 3 1 section
  • § 330 Program for eliminating duplication of environmental reviews Amends

    23 U.S.C. § 330 — at 330(e)

    The law today

    (a) Establishment.— (1) In general.— The Secretary shall establish a pilot program to authorize States that have assumed responsibilities of the Secretary under section 327 and are approved to participate in the program under this section to conduct environmental reviews and make approvals for projects under State environmental laws and regulations instead of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), consistent with the requirements of this section. (2) Participating states.— The Secretary may select not more than 2 States to participate in the program. (3) Alternative environmental review and approval procedures defined.— In this section, the term “alternative environmental review and approval procedures” means— (A) substitution of 1 or more State environmental laws for— (i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (ii) any provisions of section 139 establishing procedures for the implementation of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are under the authority of the Secretary, as the Secretary, in consultation with the State, considers appropriate; and (iii) related regulations and Executive orders; and (B) substitution of 1 or more State environmental regulations for— (i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (ii) any provisions of section 139 establishing procedures for the implementation of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are under the authority of the Secretary, as the Secretary, in consultation with the State, considers appropriate; and (iii) related regulations and Executive orders. (b) Application.— To be eligible to participate in the program, a State shall submit to the Secretary an application containing such information as the Secretary may require, including— (1) a full and complete description of the proposed alternative environmental review and approval procedures of the State, including— (A) the procedures the State uses to engage the public and consider alternatives to the proposed action; and (B) the extent to which the State considers environmental consequences or impacts on resources potentially impacted by the proposed action (such as air, water, or species); (2) each Federal requirement described in subsection (a)(3) that the State is seeking to substitute; (3) each State law or regulation that the State intends to substitute for such Federal requirement; (4) an explanation of the basis for concluding that the State law or regulation is at least as stringent as the Federal requirement described in subsection (a)(3); (5) a description of the projects or classes of projects for which the State anticipates exercising the authority that may be granted under the program; (6) verification that the State has the financial resources necessary to carry out the authority that may be granted under the program; (7) evidence of having sought, received, and addressed comments on the proposed application from the public; and (8) any such additional information as the Secretary, or, with respect to section (d)(1)(A), the Secretary in consultation with the Chair, may require. (c) Review of Application.— In accordance with subsection (d), the Secretary shall— (1) review and accept public comments on an application submitted under subsection (b); (2) approve or disapprove the application not later than 120 days after the date of receipt of an application that the Secretary determines is complete; and (3) transmit to the State notice of the approval or disapproval, together with a statement of the reasons for the approval or disapproval. (d) Approval of Application.— (1) In general.— The Secretary shall approve an application submitted under subsection (b) only if— (A) the Secretary, with the concurrence of the Chair and after considering any public comments received pursuant to subsection (c), determines that the laws and regulations of the State ...

    8 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Mineral lands and regulations in general · 30 U.S.C. ch. 2 1 section
  • § 28f Fee Amends

    30 U.S.C. § 28f

    The law today

    (a) Claim maintenance fee (1) Lode mining claims, mill sites, and tunnel sites The holder of each unpatented lode mining claim, mill site, or tunnel site, located pursuant to the mining laws of the United States before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, to the extent provided in advance in appropriations Acts, a claim maintenance fee of $100 per claim or site, respectively. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C. 28–28e) 1 and the related filing requirements contained in section 1744(a) and (c) of title 43. (2) Placer mining claims The holder of each unpatented placer mining claim located pursuant to the mining laws of the United States before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, the claim maintenance fee described in subsection (a)(1), for each 20 acres of the placer claim or portion thereof. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C. 28 to 28e) 1 and the related filing requirements contained in section 1744(a) and (c) of title 43. (b) Time of payment The claim main tenance 2 fee under subsection (a) shall be paid for the year in which the location is made, at the time the location notice is recorded with the Bureau of Land Management. The location fee imposed under section 28g of this title shall be payable not later than 90 days after the date of location. (c) Oil shale claims subject to claim maintenance fees under Energy Policy Act of 1992 This section shall not apply to any oil shale claims for which a fee is required to be paid under section 2511(e)(2) of the Energy Policy Act of 1992 (Public Law 102–486; 106 Stat. 3111; 30 U.S.C. 242). (d) Waiver (1) The claim maintenance fee required under this section may be waived for a claimant who certifies in writing to the Secretary that on the date the payment was due, the claimant and all related parties— (A) held not more than 10 mining claims, mill sites, or tunnel sites, or any combination thereof, on public lands; and (B) have performed assessment work required under the Mining Law of 1872 (30 U.S.C. 28–28e) 1 to maintain the mining claims held by the claimant and such related parties for the assessment year ending on noon of September 1 of the calendar year in which payment of the claim maintenance fee was due. (2) For purposes of paragraph (1), with respect to any claimant, the term “related party” means— (A) the spouse and dependent children (as defined in section 152 of title 26), of the claimant; and (B) a person who controls, is controlled by, or is under common control with the claimant. For purposes of this section, the term control includes actual control, legal control, and the power to exercise control, through or by common directors, officers, stockholders, a voting trust, or a holding company or investment company, or any other means. (3) If a small miner waiver application is determined to be defective for any reason, the claimant shall have a period of 60 days after receipt of written notification of the defect or defects by the Bureau of Land Management to: (A) cure such defect or defects, or (B) pay the $100 claim maintenance fee due for such period.

    20 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Leases and prospecting permits · 30 U.S.C. ch. 3A 4 sections
  • § 185 Rights-of-way for pipelines through Federal lands Amends

    30 U.S.C. § 185 — at 185(n)

    The law today

    (a) Grant of authority Rights-of-way through any Federal lands may be granted by the Secretary of the Interior or appropriate agency head for pipeline purposes for the transportation of oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom to any applicant possessing the qualifications provided in section 181 of this title in accordance with the provisions of this section. (b) Definitions (1) For the purposes of this section “Federal lands” means all lands owned by the United States except lands in the National Park System, lands held in trust for an Indian or Indian tribe, and lands on the Outer Continental Shelf. A right-of-way through a Federal reservation shall not be granted if the Secretary or agency head determines that it would be inconsistent with the purposes of the reservation. (2) “Secretary” means the Secretary of the Interior. (3) “Agency head” means the head of any Federal department or independent Federal office or agency, other than the Secretary of the Interior, which has jurisdiction over Federal lands. (c) Inter-agency coordination (1) Where the surface of all of the Federal lands involved in a proposed right-of-way or permit is under the jurisdiction of one Federal agency, the agency head, rather than the Secretary, is authorized to grant or renew the right-of-way or permit for the purposes set forth in this section. (2) Where the surface of the Federal lands involved is administered by the Secretary or by two or more Federal agencies, the Secretary is authorized, after consultation with the agencies involved, to grant or renew rights-of-way or permits through the Federal lands involved. The Secretary may enter into interagency agreements with all other Federal agencies having jurisdiction over Federal lands for the purpose of avoiding duplication, assigning responsibility, expediting review of rights-of-way or permit applications, issuing joint regulations, and assuring a decision based upon a comprehensive review of all factors involved in any right-of-way or permit application. Each agency head shall administer and enforce the provisions of this section, appropriate regulations, and the terms and conditions of rights-of-way or permits insofar as they involve Federal lands under the agency head’s jurisdiction. (d) Width limitations The width of a right-of-way shall not exceed fifty feet plus the ground occupied by the pipeline (that is, the pipe and its related facilities) unless the Secretary or agency head finds, and records the reasons for his finding, that in his judgment a wider right-of-way is necessary for operation and maintenance after construction, or to protect the environment or public safety. Related facilities include but are not limited to valves, pump stations, supporting structures, bridges, monitoring and communication devices, surge and storage tanks, terminals, roads, airstrips and campsites and they need not necessarily be connected or contiguous to the pipe and may be the subjects of separate rights-of-way. (e) Temporary permits A right-of-way may be supplemented by such temporary permits for the use of Federal lands in the vicinity of the pipeline as the Secretary or agency head finds are necessary in connection with construction, operation, maintenance, or termination of the pipeline, or to protect the natural environment or public safety. (f) Regulatory authority Rights-of-way or permits granted or renewed pursuant to this section shall be subject to regulations promulgated in accord with the provisions of this section and shall be subject to such terms and conditions as the Secretary or agency head may prescribe regarding extent, duration, survey, location, construction, operation, maintenance, use, and termination. (g) Pipeline safety The Secretary or agency head shall impose requirements for the operation of the pipeline and related facilities in a manner that will protect the safety of workers and protect the public from sudden rupt...

    7 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 188 Failure to comply with provisions of lease Amends

    30 U.S.C. § 188 — at 188(e)(3)

    The law today

    (a) Forfeiture Except as otherwise herein provided, any lease issued under the provisions of this chapter may be forfeited and canceled by an appropriate proceeding in the United States district court for the district in which the property, or some part thereof, is located whenever the lessee fails to comply with any of the provisions of this chapter, of the lease, or of the general regulations promulgated under this chapter and in force at the date of the lease; and the lease may provide for resort to appropriate methods for the settlement of disputes or for remedies for breach of specified conditions thereof. (b) Cancellation Any lease issued after August 21, 1935, under the provisions of section 226 of this title shall be subject to cancellation by the Secretary of the Interior after 30 days notice upon the failure of the lessee to comply with any of the provisions of the lease, unless or until the leasehold contains a well capable of production of oil or gas in paying quantities, or the lease is committed to an approved cooperative or unit plan or communitization agreement under section 226(m) of this title which contains a well capable of production of unitized substances in paying quantities. Such notice in advance of cancellation shall be sent the lease owner by registered letter directed to the lease owner’s record post-office address, and in case such letter shall be returned as undelivered, such notice shall also be posted for a period of thirty days in the United States land office for the district in which the land covered by such lease is situated, or in the event that there is no district land office for such district, then in the post office nearest such land. Notwithstanding the provisions of this section, however, upon failure of a lessee to pay rental on or before the anniversary date of the lease, for any lease on which there is no well capable of producing oil or gas in paying quantities, the lease shall automatically terminate by operation of law: Provided, however, That when the time for payment falls upon any day in which the proper office for payment is not open, payment may be received the next official working day and shall be considered as timely made: Provided, That if the rental payment due under a lease is paid on or before the anniversary date but either (1) the amount of the payment has been or is hereafter deficient and the deficiency is nominal, as determined by the Secretary by regulation, or (2) the payment was calculated in accordance with the acreage figure stated in the lease, or in any decision affecting the lease, or made in accordance with a bill or decision which has been rendered by him and such figure, bill, or decision is found to be in error resulting in a deficiency, such lease shall not automatically terminate unless (1) a new lease had been issued prior to May 12, 1970, or (2) the lessee fails to pay the deficiency within the period prescribed in a notice of deficiency sent to him by the Secretary. (c) Reinstatement Where any lease has been or is hereafter terminated automatically by operation of law under this section for failure to pay on or before the anniversary date the full amount of rental due, but such rental was paid on or tendered within twenty days thereafter, and it is shown to the satisfaction of the Secretary of the Interior that such failure was either justifiable or not due to a lack of reasonable diligence on the part of the lessee, the Secretary may reinstate the lease if— (1) a petition for reinstatement, together with the required rental, including back rental accruing from the date of termination of the lease, is filed with the Secretary; and (2) no valid lease has been issued affecting any of the lands covered by the terminated lease prior to the filing of said petition. The Secretary shall not issue any new lease affecting any of the lands covered by such terminated lease for a reasonable period, as determined in accordance with regulations issued by h...

    18 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 191 Disposition of moneys received Amends

    30 U.S.C. § 191

    The law today

    (a) In general All money received from sales, bonuses, royalties including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982 [30 U.S.C. 1701 et seq.], and rentals of the public lands under the provisions of this chapter and the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.], shall be paid into the Treasury of the United States; and, subject to the provisions of subsection (b), 50 per centum thereof shall be paid by the Secretary of the Treasury to the State other than Alaska within the boundaries of which the leased lands or deposits are or were located; said moneys paid to any of such States on or after January 1, 1976, to be used by such State and its subdivisions, as the legislature of the State may direct giving priority to those subdivisions of the State socially or economically impacted by development of minerals leased under this chapter, for (i) planning, (ii) construction and maintenance of public facilities, and (iii) provision of public service; and excepting those from Alaska, 40 per centum thereof shall be paid into, reserved, appropriated, as part of the reclamation fund created by the Act of Congress known as the Reclamation Act, approved June 17, 1902, and of those from Alaska, 90 per centum thereof shall be paid to the State of Alaska for disposition by the legislature thereof: Provided, That all moneys which may accrue to the United States under the provisions of this chapter and the Geothermal Steam Act of 1970 from lands within the naval petroleum reserves shall be deposited in the Treasury as “miscellaneous receipts”, as provided by section 8733(b) of title 10. All moneys received under the provisions of this chapter and the Geothermal Steam Act of 1970 not otherwise disposed of by this section shall be credited to miscellaneous receipts. Payments to States under this section with respect to any moneys received by the United States, shall be made not later than the last business day of the month in which such moneys are warranted by the United States Treasury to the Secretary as having been received, except for any portion of such moneys which is under challenge and placed in a suspense account pending resolution of a dispute. Such warrants shall be issued by the United States Treasury not later than 10 days after receipt of such moneys by the Treasury. Moneys placed in a suspense account which are determined to be payable to a State shall be made not later than the last business day of the month in which such dispute is resolved. Any such amount placed in a suspense account pending resolution shall bear interest until the dispute is resolved. (b) Deduction for administrative costs In determining the amount of payments to the States under this section, beginning in fiscal year 2014 and for each year thereafter, the amount of such payments shall be reduced by 2 percent for any administrative or other costs incurred by the United States in carrying out the program authorized by this chapter, and the amount of such reduction shall be deposited to miscellaneous receipts of the Treasury. (c) Rentals received on or after August 8, 2005 (1) Notwithstanding the first sentence of subsection (a), any rentals received from leases in any State (other than the State of Alaska) on or after August 8, 2005, shall be deposited in the Treasury, to be allocated in accordance with paragraph (2). (2) Of the amounts deposited in the Treasury under paragraph (1)— (A) 50 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the leased land is located or the deposits were derived; and (B) 50 percent shall be deposited in a special fund in the Treasury, to be known as the “BLM Permit Processing Improvement Fund” (referred to in this subsection as the “Fund”). (3) Use of fund.— (A) In general.— The Fund shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, for t...

    34 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 226 Leasing of oil and gas parcels Amends

    30 U.S.C. § 226 — at 226(b)(1)(A), 226(p)(3), 226(p), 226(b), and 226(d)

    The law today

    (a) Leasing authorized (1) In general Any parcel of land subject to disposition under this chapter that is known or believed to contain oil or gas deposits shall be made available for leasing, subject to paragraph (2), by the Secretary of the Interior, not later than 18 months after the date of receipt by the Secretary of an expression of interest in leasing the applicable parcel of land available for disposition under this section, if the Secretary determines that the parcel of land is open to oil or gas leasing under the approved resource management plan applicable to the planning area in which the parcel of land is located that is in effect on the date on which the expression of interest was submitted to the Secretary (referred to in this subsection as the “approved resource management plan”). (2) Resource management plans (A) Lease terms and conditions A lease issued by the Secretary under this section with respect to an applicable parcel of land made available for leasing under paragraph (1)— (i) shall be subject to the terms and conditions of the approved resource management plan; and (ii) may not require any stipulations or mitigation requirements not included in the approved resource management plan. (B) Effect of amendment The initiation of an amendment to an approved resource management plan shall not prevent or delay the Secretary from making the applicable parcel of land available for leasing in accordance with that approved resource management plan if the other requirements of this section have been met, as determined by the Secretary. (b) Lands within known geologic structure of a producing oil or gas field; lands within special tar sand areas; competitive bidding; royalties (1) (A) All lands to be leased which are not subject to leasing under paragraphs (2) and (3) of this subsection shall be leased as provided in this paragraph to the highest responsible qualified bidder by competitive bidding under general regulations in units of not more than 2,560 acres, except in Alaska, where units shall be not more than 5,760 acres. Such units shall be as nearly compact as possible. Lease sales shall be conducted by oral bidding, except as provided in subparagraph (C). Lease sales shall be held for each State where eligible lands are available at least quarterly and more frequently if the Secretary of the Interior determines such sales are necessary. For purposes of the previous sentence, the term “eligible lands” means all lands that are subject to leasing under this chapter and are not excluded from leasing by a statutory prohibition, and the term “available”, with respect to eligible lands, means those lands that have been designated as open for leasing under a land use plan developed under section 1712 of title 43 and that have been nominated for leasing through the submission of an expression of interest, are subject to drainage in the absence of leasing, or are otherwise designated as available pursuant to regulations adopted by the Secretary. A lease shall be conditioned upon the payment of a royalty at a rate of not less than 12.5 percent in amount or value of the production removed or sold from the lease. The Secretary shall accept the highest bid from a responsible qualified bidder which is equal to or greater than the national minimum acceptable bid, without evaluation of the value of the lands proposed for lease. Leases shall be issued within 60 days following payment by the successful bidder of the remainder of the bonus bid, if any, and the annual rental for the first lease year. All bids for less than the national minimum acceptable bid shall be rejected. Lands for which no bids are received or for which the highest bid is less than the national minimum acceptable bid shall be offered promptly within 30 days for leasing under subsection (c) of this section and shall remain available for leasing for a period of 2 years after the competitive lease sale. (B) The national minimum acceptable bid shall be $10 ...

    75 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Lease of mineral deposits within acquired lands · 30 U.S.C. ch. 7 1 section
  • § 355 Disposition of receipts Amends

    30 U.S.C. § 355 — at 355(a)

    The law today

    (a) Subject to the provisions of section 35(b) of the Mineral Leasing Act (30 U.S.C. 191(b)), all receipts derived from leases issued under the authority of this chapter shall be paid into the same funds or accounts in the Treasury and shall be distributed in the same manner as prescribed for other receipts from the lands affected by the lease, the intention of this provision being that this chapter shall not affect the distribution of receipts pursuant to legislation applicable to such lands: Provided, however, That receipts from leases or permits for minerals in lands set apart for Indian use, including lands the jurisdiction of which has been transferred to the Department of the Interior by the Executive order for Indian use, shall be deposited in a special fund in the Treasury until final disposition thereof by the Congress. Notwithstanding the preceding provisions of this section, all receipts derived from leases on lands acquired for military or naval purposes, except the naval petroleum reserves and national oil shale reserves, shall be paid into the Treasury of the United States and disposed of in the same manner as provided under section 35 of the Act of February 25, 1920 (41 Stat. 450; 30 U.S.C. 191), in the case of receipts from sales, bonuses, royalties, and rentals of the public lands under that Act [30 U.S.C. 181 et seq.]. (b) Notwithstanding any other provision of law, any payment to a State under this section shall be made by the Secretary of the Interior and shall be made not later than the last business day of the month following the month in which such moneys or associated reports are received by the Secretary of the Interior, whichever is later. The preceding sentence shall also apply to any payment to a State derived from a lease for mineral resources issued by the Secretary of the Interior under section 520 of title 16. The Secretary shall pay interest to a State on any amount not paid to the State within that time at the rate prescribed under section 1721 1 of this title from the date payment was required to be made under this subsection until the date payment is made.

    13 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Geothermal resources · 30 U.S.C. ch. 23 2 sections Amends the act as a whole
  • § 1003 Leasing procedures Amends

    30 U.S.C. § 1003 — at 1003(b)

    The law today

    (a) Nominations The Secretary shall accept nominations of land to be leased at any time from qualified companies and individuals under this chapter. (b) Competitive lease sale required (1) In general Except as otherwise specifically provided by this chapter, all land to be leased that is not subject to leasing under subsection (c) shall be leased as provided in this subsection to the highest responsible qualified bidder, as determined by the Secretary. (2) Competitive lease sales The Secretary shall hold a competitive lease sale at least once every 2 years for land in a State that has nominations pending under subsection (a) if the land is otherwise available for leasing. (3) Lands subject to mining claims Lands that are subject to a mining claim for which a plan of operations has been approved by the relevant Federal land management agency may be available for noncompetitive leasing under this section to the mining claim holder. (4) Land subject to oil and gas lease Land under an oil and gas lease issued pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for noncompetitive leasing under subsection (c) by the holder of the oil and gas lease— (A) on a determination that geothermal energy will be produced from a well producing or capable of producing oil and gas; and (B) to provide for the coproduction of geothermal energy with oil and gas. (c) Noncompetitive leasing The Secretary shall make available for a period of 2 years for noncompetitive leasing any tract for which a competitive lease sale is held, but for which the Secretary does not receive any bids in a competitive lease sale. (d) Pending lease applications (1) In general It shall be a priority for the Secretary, and for the Secretary of Agriculture with respect to National Forest Systems land, to ensure timely completion of administrative actions, including amendments to applicable forest plans and resource management plans, necessary to process applications for geothermal leasing pending on August 8, 2005.1 All future forest plans and resource management plans for areas with high geothermal resource potential shall consider geothermal leasing and development. (2) Administration An application described in paragraph (1) and any lease issued pursuant to the application— (A) except as provided in subparagraph (B), shall be subject to this section as in effect on the day before August 8, 2005; or (B) at the election of the applicant, shall be subject to this section as in effect on August 8, 2005. (e) Leases sold as a block If information is available to the Secretary indicating a geothermal resource that could be produced as 1 unit can reasonably be expected to underlie more than 1 parcel to be offered in a competitive lease sale, the parcels for such a resource may be offered for bidding as a block in the competitive lease sale. (f) Leasing for direct use of geothermal resources Notwithstanding subsection (b), the Secretary may identify areas in which the land to be leased under this chapter exclusively for direct use of geothermal resources, without sale for purposes other than commercial generation of electricity, may be leased to any qualified applicant that first applies for such a lease under regulations issued by the Secretary, if the Secretary— (1) publishes a notice of the land proposed for leasing not later than 90 days before the date of the issuance of the lease; (2) does not receive during the 90-day period beginning on the date of the publication any nomination to include the land concerned in the next competitive lease sale; and (3) determines there is no competitive interest in the geothermal resources in the land to be leased. (g) Area subject to lease for direct use (1) In general Subject to paragraph (2), a geothermal lease for the direct use ...

    29 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 1019 Disposal of moneys from sales, bonuses, rentals, and royalties Amends

    30 U.S.C. § 1019 — at 1019(a)

    The law today

    (a) In general Except with respect to lands in the State of Alaska, all monies received by the United States from sales, bonuses, rentals, and royalties under this chapter shall be paid into the Treasury of the United States. Of amounts deposited under this subsection, subject to the provisions of subsection (b) of section 191 of this title and section 1004(a)(2) of this title— (1) 50 percent shall be paid to the State within the boundaries of which the leased lands or geothermal resources are or were located; and (2) 25 percent shall be paid to the county within the boundaries of which the leased lands or geothermal resources are or were located. (b) Use of payments Amounts paid to a State or county under subsection (a) shall be used consistent with the terms of section 191 of this title.

    13 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Materials and minerals policy, research, and development · 30 U.S.C. ch. 28 2 sections
  • § 1606 Mineral security Amends

    30 U.S.C. § 1606 — at 1606(f) and 1606(a)(3)(B)(i)

    The law today

    (a) Definitions In this section: (1) Byproduct The term “byproduct” means a critical mineral— (A) the recovery of which depends on the production of a host mineral that is not designated as a critical mineral; and (B) that exists in sufficient quantities to be recovered during processing or refining. (2) Critical material The term “critical material” means— (A) any non-fuel mineral, element, substance, or material that the Secretary of Energy determines— (i) has a high risk of a supply chain disruption; and (ii) serves an essential function in 1 or more energy technologies, including technologies that produce, transmit, store, and conserve energy; or (B) a critical mineral. (3) Critical mineral (A) In general The term “critical mineral” means any mineral, element, substance, or material designated as critical by the Secretary under subsection (c). (B) Exclusions The term “critical mineral” does not include— (i) fuel minerals; (ii) water, ice, or snow; (iii) common varieties of sand, gravel, stone, pumice, cinders, and clay. (4) Indian Tribe The term “Indian Tribe” has the meaning given the term in section 5304 of title 25. (5) Secretary The term “Secretary” means the Secretary of the Interior. (6) State The term “State” means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; and (G) the United States Virgin Islands. (7) Institution of higher education The term “institution of higher education” means— (A) an institution of higher education (as defined in section 1001(a) of title 20); or (B) a postsecondary vocational institution (as defined in section 1002(c) of title 20). (b) Omitted (c) Critical mineral designations (1) Draft methodology and list The Secretary, acting through the Director of the United States Geological Survey (referred to in this subsection as the “Secretary”), shall publish in the Federal Register for public comment— (A) a description of the draft methodology used to identify a draft list of critical minerals; (B) a draft list of minerals, elements, substances, and materials that qualify as critical minerals; and (C) a draft list of critical minerals recovered as byproducts and their host minerals. (2) Availability of data If available data is insufficient to provide a quantitative basis for the methodology developed under this subsection, qualitative evidence may be used to the extent necessary. (3) Final methodology and list After reviewing public comments on the draft methodology and the draft lists published under paragraph (1) and updating the methodology and lists as appropriate, not later than 45 days after the date on which the public comment period with respect to the draft methodology and draft lists closes, the Secretary shall publish in the Federal Register— (A) a description of the final methodology for determining which minerals, elements, substances, and materials qualify as critical minerals; (B) the final list of critical minerals; and (C) the final list of critical minerals recovered as byproducts and their host minerals. (4) Designations (A) In general For purposes of carrying out this subsection, the Secretary shall maintain a list of minerals, elements, substances, and materials designated as critical, pursuant to the final methodology published under paragraph (3), that the Secretary determines— (i) are essential to the economic or national security of the United States; (ii) the supply chain of which is vulnerable to disruption (including restrictions associated with foreign political risk, abrupt demand growth, military conflict, violent unrest, anti-competitive or protectionist behaviors, and other risks throughout the supply chain); and (iii) serve an essential function in the manufacturing of a product (including energy technology-, defense-, currency-, agriculture-, consumer electronics-, and health care-related applications), the absence of which would have signi...

    15 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 1607 Critical minerals supply chains and reliability Amends

    30 U.S.C. § 1607

    The law today

    (a) Definition of critical mineral In this section, the term “critical mineral” has the meaning given the term in section 1606(a) of this title. (b) Sense of Congress It is the sense of Congress that— (1) critical minerals are fundamental to the economy, competitiveness, and security of the United States; (2) many critical minerals are only economic to recover when combined with the production of a host mineral; (3) to the maximum extent practicable, the critical mineral needs of the United States should be satisfied by minerals responsibly produced and recycled in the United States; and (4) the Federal permitting process has been identified as an impediment to mineral production and the mineral security of the United States. (c) Federal permitting and review performance improvements To improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the “Secretaries”), to the maximum extent practicable, shall complete the Federal permitting and review processes with maximum efficiency and effectiveness, while supporting vital economic growth, by— (1) establishing and adhering to timelines and schedules for the consideration of, and final decisions regarding, applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (2) establishing clear, quantifiable, and temporal permitting performance goals and tracking progress against those goals; (3) engaging in early collaboration among agencies, project sponsors, and affected stakeholders— (A) to incorporate and address the interests of those parties; and (B) to minimize delays; (4) ensuring transparency and accountability by using cost-effective information technology to collect and disseminate information regarding individual projects and agency performance; (5) engaging in early and active consultation with State, local, and Tribal governments— (A) to avoid conflicts or duplication of effort; (B) to resolve concerns; and (C) to allow for concurrent, rather than sequential, reviews; (6) providing demonstrable improvements in the performance of Federal permitting and review processes, including lower costs and more timely decisions; (7) expanding and institutionalizing Federal permitting and review process improvements that have proven effective; (8) developing mechanisms to better communicate priorities and resolve disputes among agencies at the national, regional, State, and local levels; and (9) developing other practices, such as preapplication procedures. (d) Review and report Not later than 1 year after November 15, 2021, the Secretaries shall submit to Congress a report that— (1) identifies additional measures, including regulatory and legislative proposals, if appropriate, that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals; (2) identifies options, including cost recovery paid by permit applicants, for ensuring adequate staffing and training of Federal entities and personnel responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (3) quantifies the period of time typically required to complete each step associated with the development and processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land, including by— (A) calculating the range, the mean, the median, the variance, and other statistical measures or representations of the period of time; and (B) taking into account other aspects that affect the period of time that a...

    9 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Oil and gas royalty management · 30 U.S.C. ch. 29 1 section
  • § 1735 Delegation of royalty collections and related activities Amends

    30 U.S.C. § 1735 — at 1735(f)

    The law today

    (a) Authorization of Secretary Upon written request of any State, the Secretary is authorized to delegate, in accordance with the provisions of this section, all or part of the authorities and responsibilities of the Secretary under this chapter to: (1) conduct inspections, audits, and investigations; (2) receive and process production and financial reports; (3) correct erroneous report data; (4) perform automated verification; and (5) issue demands, subpoenas, and orders to perform restructured accounting, for royalty management enforcement purposes, to any State with respect to all Federal land within the State. (b) Prerequisites After notice and opportunity for a hearing, the Secretary is authorized to delegate such authorities and responsibilities granted under this section as the State has requested, if the Secretary finds that— (1) it is likely that the State will provide adequate resources to achieve the purposes of this chapter; (2) the State has demonstrated that it will effectively and faithfully administer the rules and regulations of the Secretary under this chapter in accordance with the requirements of subsections (c) and (d) of this section; (3) such delegation will not create an unreasonable burden on any lessee; (4) the State agrees to adopt standardized reporting procedures prescribed by the Secretary for royalty and production accounting purposes, unless the State and all affected parties (including the Secretary) otherwise agree; (5) the State agrees to follow and adhere to regulations and guidelines issued by the Secretary pursuant to the mineral leasing laws regarding valuation of production; and (6) where necessary for a State to have authority to carry out and enforce a delegated activity, the State agrees to enact such laws and promulgate such regulations as are consistent with relevant Federal laws and regulations with respect to the Federal lands within the State. (c) Ruling as to consistency of State’s proposal After notice and opportunity for hearing, the Secretary shall issue a ruling as to the consistency of a State’s proposal with the provisions of this section and regulations under subsection (d) within 90 days after submission of such proposal. In any unfavorable ruling, the Secretary shall set forth the reasons therefor and state whether the Secretary will agree to delegate to the State if the State meets the conditions set forth in such ruling. (d) Promulgation of standards and regulations with respect to delegation After consultation with State authorities, the Secretary shall by rule promulgate, within 12 months after August 13, 1996, standards and regulations pertaining to the authorities and responsibilities to be delegated under subsection (a), including standards and regulations pertaining to— (1) audits to be performed; (2) records and accounts to be maintained; (3) reporting procedures to be required by States under this section; (4) receipt and processing of production and financial reports; (5) correction of erroneous report data; (6) performance of automated verification; (7) issuance of standards and guidelines in order to avoid duplication of effort; (8) transmission of report data to the Secretary; and (9) issuance of demands, subpoenas, and orders to perform restructured accounting, for royalty management enforcement purposes. Such standards and regulations shall be designed to provide reasonable assurance that a uniform and effective royalty management system will prevail among the States. The records and accounts under paragraph (2) shall be sufficient to allow the Secretary to monitor the performance of any State under this section. (e) Revocation; issuance of demand or order by Secretary If, after notice and opportunity for a hearing, the Secretary finds that any State to which any authority or responsibility of the Secretary has been delegated under this section is in violation of any requirement of this section or any rule thereunder, or that an affirmative finding by...

    18 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Water pollution prevention and control · 33 U.S.C. ch. 26 2 sections
  • § 1341 Certification Amends

    33 U.S.C. § 1341

    The law today

    (a) Compliance with applicable requirements; application; procedures; license suspension (1) Any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate, that any such discharge will comply with the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317 of this title. In the case of any such activity for which there is not an applicable effluent limitation or other limitation under sections 1311(b) and 1312 of this title, and there is not an applicable standard under sections 1316 and 1317 of this title, the State shall so certify, except that any such certification shall not be deemed to satisfy section 1371(c) of this title. Such State or interstate agency shall establish procedures for public notice in the case of all applications for certification by it and, to the extent it deems appropriate, procedures for public hearings in connection with specific applications. In any case where a State or interstate agency has no authority to give such a certification, such certification shall be from the Administrator. If the State, interstate agency, or Administrator, as the case may be, fails or refuses to act on a request for certification, within a reasonable period of time (which shall not exceed one year) after receipt of such request, the certification requirements of this subsection shall be waived with respect to such Federal application. No license or permit shall be granted until the certification required by this section has been obtained or has been waived as provided in the preceding sentence. No license or permit shall be granted if certification has been denied by the State, interstate agency, or the Administrator, as the case may be. (2) Upon receipt of such application and certification the licensing or permitting agency shall immediately notify the Administrator of such application and certification. Whenever such a discharge may affect, as determined by the Administrator, the quality of the waters of any other State, the Administrator within thirty days of the date of notice of application for such Federal license or permit shall so notify such other State, the licensing or permitting agency, and the applicant. If, within sixty days after receipt of such notification, such other State determines that such discharge will affect the quality of its waters so as to violate any water quality requirements in such State, and within such sixty-day period notifies the Administrator and the licensing or permitting agency in writing of its objection to the issuance of such license or permit and requests a public hearing on such objection, the licensing or permitting agency shall hold such a hearing. The Administrator shall at such hearing submit his evaluation and recommendations with respect to any such objection to the licensing or permitting agency. Such agency, based upon the recommendations of such State, the Administrator, and upon any additional evidence, if any, presented to the agency at the hearing, shall condition such license or permit in such manner as may be necessary to insure compliance with applicable water quality requirements. If the imposition of conditions cannot insure such compliance such agency shall not issue such license or permit. (3) The certification obtained pursuant to paragraph (1) of this subsection with respect to the construction of any facility shall fulfill the requirements of this subsection with respect to certification in connection with any other Federal license or permit required for the operation of such facility unle...

    17 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 1342 National pollutant discharge elimination system Amends

    33 U.S.C. § 1342 — at 1342(a)

    The law today

    (a) Permits for discharge of pollutants (1) Except as provided in sections 1328 and 1344 of this title, the Administrator may, after opportunity for public hearing issue a permit for the discharge of any pollutant, or combination of pollutants, notwithstanding section 1311(a) of this title, upon condition that such discharge will meet either (A) all applicable requirements under sections 1311, 1312, 1316, 1317, 1318, and 1343 of this title, or (B) prior to the taking of necessary implementing actions relating to all such requirements, such conditions as the Administrator determines are necessary to carry out the provisions of this chapter. (2) The Administrator shall prescribe conditions for such permits to assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate. (3) The permit program of the Administrator under paragraph (1) of this subsection, and permits issued thereunder, shall be subject to the same terms, conditions, and requirements as apply to a State permit program and permits issued thereunder under subsection (b) of this section. (4) All permits for discharges into the navigable waters issued pursuant to section 407 of this title shall be deemed to be permits issued under this subchapter, and permits issued under this subchapter shall be deemed to be permits issued under section 407 of this title, and shall continue in force and effect for their term unless revoked, modified, or suspended in accordance with the provisions of this chapter. (5) No permit for a discharge into the navigable waters shall be issued under section 407 of this title after October 18, 1972. Each application for a permit under section 407 of this title, pending on October 18, 1972, shall be deemed to be an application for a permit under this section. The Administrator shall authorize a State, which he determines has the capability of administering a permit program which will carry out the objectives of this chapter to issue permits for discharges into the navigable waters within the jurisdiction of such State. The Administrator may exercise the authority granted him by the preceding sentence only during the period which begins on October 18, 1972, and ends either on the ninetieth day after the date of the first promulgation of guidelines required by section 1314(i)(2) of this title, or the date of approval by the Administrator of a permit program for such State under subsection (b) of this section, whichever date first occurs, and no such authorization to a State shall extend beyond the last day of such period. Each such permit shall be subject to such conditions as the Administrator determines are necessary to carry out the provisions of this chapter. No such permit shall issue if the Administrator objects to such issuance. (b) State permit programs At any time after the promulgation of the guidelines required by subsection (i)(2) of section 1314 of this title, the Governor of each State desiring to administer its own permit program for discharges into navigable waters within its jurisdiction may submit to the Administrator a full and complete description of the program it proposes to establish and administer under State law or under an interstate compact. In addition, such State shall submit a statement from the attorney general (or the attorney for those State water pollution control agencies which have independent legal counsel), or from the chief legal officer in the case of an interstate agency, that the laws of such State, or the interstate compact, as the case may be, provide adequate authority to carry out the described program. The Administrator shall approve each submitted program unless he determines that adequate authority does not exist: (1) To issue permits which— (A) apply, and insure compliance with, any applicable requirements of sections 1311, 1312, 1316, 1317, and 1343 of this title...

    66 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Public health service · 42 U.S.C. ch. 6A 1 section
  • § 300h-1 State primary enforcement responsibility Amends

    42 U.S.C. § 300h-1 — at 300h-1(b)

    The law today

    (a) List of States in need of a control program; amendment of list Within 180 days after December 16, 1974, the Administrator shall list in the Federal Register each State for which in his judgment a State underground injection control program may be necessary to assure that underground injection will not endanger drinking water sources. Such list may be amended from time to time. (b) State applications; notice to Administrator of compliance with revised or added requirements; approval or disapproval by Administrator; duration of State primary enforcement responsibility; public hearing (1) (A) Each State listed under subsection (a) shall within 270 days after the date of promulgation of any regulation under section 300h of this title (or, if later, within 270 days after such State is first listed under subsection (a)) submit to the Administrator an application which contains a showing satisfactory to the Administrator that the State— (i) has adopted after reasonable notice and public hearings, and will implement, an underground injection control program which meets the requirements of regulations in effect under section 300h of this title; and (ii) will keep such records and make such reports with respect to its activities under its underground injection control program as the Administrator may require by regulation. The Administrator may, for good cause, extend the date for submission of an application by any State under this subparagraph for a period not to exceed an additional 270 days. (B) Within 270 days of any amendment of a regulation under section 300h of this title revising or adding any requirement respecting State underground injection control programs, each State listed under subsection (a) shall submit (in such form and manner as the Administrator may require) a notice to the Administrator containing a showing satisfactory to him that the State underground injection control program meets the revised or added requirement. (2) Within ninety days after the State’s application under paragraph (1)(A) or notice under paragraph (1)(B) and after reasonable opportunity for presentation of views, the Administrator shall by rule either approve, disapprove, or approve in part and disapprove in part, the State’s underground injection control program. (3) If the Administrator approves the State’s program under paragraph (2), the State shall have primary enforcement responsibility for underground water sources until such time as the Administrator determines, by rule, that such State no longer meets the requirements of clause (i) or (ii) of paragraph (1)(A) of this subsection. (4) Before promulgating any rule under paragraph (2) or (3) of this subsection, the Administrator shall provide opportunity for public hearing respecting such rule. (c) Program by Administrator for State without primary enforcement responsibility; restrictions If the Administrator disapproves a State’s program (or part thereof) under subsection (b)(2), if the Administrator determines under subsection (b)(3) that a State no longer meets the requirements of clause (i) or (ii) of subsection (b)(1)(A), or if a State fails to submit an application or notice before the date of expiration of the period specified in subsection (b)(1), the Administrator shall by regulation within 90 days after the date of such disapproval, determination, or expiration (as the case may be) prescribe (and may from time to time by regulation revise) a program applicable to such State meeting the requirements of section 300h(b) of this title. Such program may not include requirements which interfere with or impede— (1) the underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production or natural gas storage operations, or (2) any underground injection for the secondary or tertiary recovery of oil or natural gas, unless such requirements are essential to assure that underground sources of drinking water will not be enda...

    9 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Social security · 42 U.S.C. ch. 7 5 sections
  • § 607 Mandatory work requirements Amends

    42 U.S.C. § 607 — at 607(b)(3) and 607(b)

    The law today

    (a) Participation rate requirements (1) All families A State to which a grant is made under section 603 of this title for a fiscal year shall achieve the minimum participation rate specified in the following table for the fiscal year with respect to all families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title):   If the fiscal year is: The minimum participation rate is:  1997 25     1998 30     1999 35     2000 40     2001 45     2002 or thereafter 50.  (2) 2-parent families A State to which a grant is made under section 603 of this title for a fiscal year shall achieve the minimum participation rate specified in the following table for the fiscal year with respect to 2-parent families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title):   If the fiscal year is: The minimum participation rate is:    1997 75       1998 75     1999 or thereafter 90.  (b) Calculation of participation rates (1) All families (A) Average monthly rate For purposes of subsection (a)(1), the participation rate for all families of a State for a fiscal year is the average of the participation rates for all families of the State for each month in the fiscal year. (B) Monthly participation rates The participation rate of a State for all families of the State for a month, expressed as a percentage, is— (i) the number of families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title) that include an adult or a minor child head of household who is engaged in work for the month; divided by (ii) the amount by which— (I) the number of families receiving such assistance during the month that include an adult or a minor child head of household receiving such assistance; exceeds (II) the number of families receiving such assistance that are subject in such month to a penalty described in subsection (e)(1) but have not been subject to such penalty for more than 3 months within the preceding 12-month period (whether or not consecutive). (2) 2-parent families (A) Average monthly rate For purposes of subsection (a)(2), the participation rate for 2-parent families of a State for a fiscal year is the average of the participation rates for 2-parent families of the State for each month in the fiscal year. (B) Monthly participation rates The participation rate of a State for 2-parent families of the State for a month shall be calculated by use of the formula set forth in paragraph (1)(B), except that in the formula the term “number of 2-parent families” shall be substituted for the term “number of families” each place such latter term appears. (C) Family with a disabled parent not treated as a 2-parent family A family that includes a disabled parent shall not be considered a 2-parent family for purposes of subsections (a) and (b) of this section. (3) Pro rata reduction of participation rate due to caseload reductions not required by Federal law and not resulting from changes in State eligibility criteria (A) In general The Secretary shall prescribe regulations for reducing the minimum participation rate otherwise required by this section for a fiscal year by the number of percentage points equal to the number of percentage points (if any) by which— (i) the average monthly number of families receiving assistance during the immediately preceding fiscal year under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title) is less than (ii) the average monthly number of families that received assistance under any State program referred to in clause (i) during fiscal ...

    32 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 611 Data collection and reporting Amends

    42 U.S.C. § 611

    The law today

    (a) Quarterly reports by States (1) General reporting requirement (A) Contents of report Each eligible State shall collect on a monthly basis, and report to the Secretary on a quarterly basis, the following disaggregated case record information on the families receiving assistance under the State program funded under this part (except for information relating to activities carried out under section 603(a)(5) of this title) or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title): (i) The county of residence of the family. (ii) Whether a child receiving such assistance or an adult in the family is receiving— (I) Federal disability insurance benefits; (II) benefits based on Federal disability status; (III) aid under a State plan approved under subchapter XIV (as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 1972); (IV) aid or assistance under a State plan approved under subchapter XVI (as in effect without regard to such amendment) by reason of being permanently and totally disabled; or (V) supplemental security income benefits under subchapter XVI (as in effect pursuant to such amendment) by reason of disability. (iii) The ages of the members of such families. (iv) The number of individuals in the family, and the relation of each family member to the head of the family. (v) The employment status and earnings of the employed adult in the family. (vi) The marital status of the adults in the family, including whether such adults have never married, are widowed, or are divorced. (vii) The race and educational level of each adult in the family. (viii) The race and educational level of each child in the family. (ix) Whether the family received subsidized housing, medical assistance under the State plan approved under subchapter XIX, supplemental nutrition assistance program benefits, or subsidized child care, and if the latter 2, the amount received. (x) The number of months that the family has received each type of assistance under the program. (xi) If the adults participated in, and the number of hours per week of participation in, the following activities: (I) Education. (II) Subsidized private sector employment. (III) Unsubsidized employment. (IV) Public sector employment, work experience, or community service. (V) Job search. (VI) Job skills training or on-the-job training. (VII) Vocational education. (xii) Information necessary to calculate participation rates under section 607 of this title. (xiii) The type and amount of assistance received under the program, including the amount of and reason for any reduction of assistance (including sanctions). (xiv) Any amount of unearned income received by any member of the family. (xv) The citizenship of the members of the family. (xvi) From a sample of closed cases, whether the family left the program, and if so, whether the family left due to— (I) employment; (II) marriage; (III) the prohibition set forth in section 608(a)(7) of this title; (IV) sanction; or (V) State policy. (xvii) With respect to each individual in the family who has not attained 20 years of age, whether the individual is a parent of a child in the family. (B) Use of samples (i) Authority A State may comply with subparagraph (A) by submitting disaggregated case record information on a sample of families selected through the use of scientifically acceptable sampling methods approved by the Secretary. (ii) Sampling and other methods The Secretary shall provide the States with such case sampling plans and data collection procedures as the Secretary deems necessary to produce statistically valid estimates of the performance of State programs funded under this part and any other State programs funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title). The Secretary may develop and implement procedures for verifying the quality of data submitted by the States. (2) Rep...

    23 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 1396a State plans for medical assistance Amends

    42 U.S.C. § 1396a — at 1396a(a)

    The law today

    (a) Contents A State plan for medical assistance must— (1) provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them; (2) provide for financial participation by the State equal to not less than 40 per centum of the non-Federal share of the expenditures under the plan with respect to which payments under section 1396b of this title are authorized by this subchapter; and, effective July 1, 1969, provide for financial participation by the State equal to all of such non-Federal share or provide for distribution of funds from Federal or State sources, for carrying out the State plan, on an equalization or other basis which will assure that the lack of adequate funds from local sources will not result in lowering the amount, duration, scope, or quality of care and services available under the plan; (3) provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for medical assistance under the plan is denied or is not acted upon with reasonable promptness; (4) provide (A) such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods, including provision for utilization of professional medical personnel in the administration and, where administered locally, supervision of administration of the plan, and, subject to section 1396b(i) of this title, including a specification that the single State agency described in paragraph (5) will ensure necessary transportation for beneficiaries under the State plan to and from providers and a description of the methods that such agency will use to ensure such transportation) as are found by the Secretary to be necessary for the proper and efficient operation of the plan, (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of recipients and other persons of low income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in a social service volunteer program in providing services to applicants and recipients and in assisting any advisory committees established by the State agency, (C) that each State or local officer, employee, or independent contractor who is responsible for the expenditure of substantial amounts of funds under the State plan, each individual who formerly was such an officer, employee, or contractor, and each partner of such an officer, employee, or contractor shall be prohibited from committing any act, in relation to any activity under the plan, the commission of which, in connection with any activity concerning the United States Government, by an officer or employee of the United States Government, an individual who was such an officer or employee, or a partner of such an officer or employee is prohibited by section 207 or 208 of title 18, and (D) that each State or local officer, employee, or independent contractor who is responsible for selecting, awarding, or otherwise obtaining items and services under the State plan shall be subject to safeguards against conflicts of interest that are at least as stringent as the safeguards that apply under chapter 21 of title 41 to persons described in section 2102(a)(3) of title 41; (5) either provide for the establishment or designation of a single State agency to administer or to supervise the administration of the plan; or provide for the establishment or designation of a single State agency to administer or to supervise the administration of the plan, except that the determination of eligibility for medical assistance under the plan shall be made by the State or local agency administering the State plan approved un...

    453 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 1396b Payment to States Amends

    42 U.S.C. § 1396b — at 1396b(i)

    The law today

    (a) Computation of amount From the sums appropriated therefor, the Secretary (except as otherwise provided in this section) shall pay to each State which has a plan approved under this subchapter, for each quarter, beginning with the quarter commencing January 1, 1966— (1) an amount equal to the Federal medical assistance percentage (as defined in section 1396d(b) of this title, subject to subsections (g) and (j) of this section and section 1396r–4(f) of this title) of the total amount expended during such quarter as medical assistance under the State plan; plus (2) (A) an amount equal to 75 per centum of so much of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to compensation or training of skilled professional medical personnel, and staff directly supporting such personnel, of the State agency or any other public agency; plus (B) notwithstanding paragraph (1) or subparagraph (A), with respect to amounts expended for nursing aide training and competency evaluation programs, and competency evaluation programs, described in section 1396r(e)(1) of this title (including the costs for nurse aides to complete such competency evaluation programs), regardless of whether the programs are provided in or outside nursing facilities or of the skill of the personnel involved in such programs, an amount equal to 50 percent (or, for calendar quarters beginning on or after July 1, 1988, and before October 1, 1990, the lesser of 90 percent or the Federal medical assistance percentage plus 25 percentage points) of so much of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to such programs; plus (C) an amount equal to 75 percent of so much of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to preadmission screening and resident review activities conducted by the State under section 1396r(e)(7) of this title; plus (D) for each calendar quarter during— (i) fiscal year 1991, an amount equal to 90 percent, (ii) fiscal year 1992, an amount equal to 85 percent, (iii) fiscal year 1993, an amount equal to 80 percent, and (iv) fiscal year 1994 and thereafter, an amount equal to 75 percent, of so much of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to State activities under section 1396r(g) of this title; plus (E) an amount equal to 75 percent of so much of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to translation or interpretation services in connection with the enrollment of, retention of, and use of services under this subchapter by, children of families for whom English is not the primary language; plus (3) an amount equal to— (A) (i) 90 per centum of so much of the sums expended during such quarter as are attributable to the design, development, or installation of such mechanized claims processing and information retrieval systems as the Secretary determines are likely to provide more efficient, economical, and effective administration of the plan and to be compatible with the claims processing and information retrieval systems utilized in the administration of subchapter XVIII, including the State’s share of the cost of installing such a system to be used jointly in the administration of such State’s plan and the plan of any other State approved under this subchapter, (ii) 90 per centum of so much of the sums expended during any such quarter in the fiscal year ending June 30, 1972, or the fiscal year ending June 30, 1973, as are attributable to the design, development, or installation of cost dete...

    296 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 1396d Definitions Amends

    42 U.S.C. § 1396d

    The law today

    For purposes of this subchapter— (a) Medical assistance The term “medical assistance” means payment of part or all of the cost of the following care and services or the care and services themselves, or both (if provided in or after the third month before the month in which the recipient makes application for assistance or, in the case of medicare cost-sharing with respect to a qualified medicare beneficiary described in subsection (p)(1), if provided after the month in which the individual becomes such a beneficiary) for individuals, and, with respect to physicians’ or dentists’ services, at the option of the State, to individuals (other than individuals with respect to whom there is being paid, or who are eligible, or would be eligible if they were not in a medical institution, to have paid with respect to them a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described in section 1396a(a)(10)(A) of this title) not receiving aid or assistance under any plan of the State approved under subchapter I, X, XIV, or XVI, or part A of subchapter IV, and with respect to whom supplemental security income benefits are not being paid under subchapter XVI, who are— (i) under the age of 21, or, at the option of the State, under the age of 20, 19, or 18 as the State may choose, (ii) relatives specified in section 606(b)(1) 1 of this title with whom a child is living if such child is (or would, if needy, be) a dependent child under part A of subchapter IV, (iii) 65 years of age or older, (iv) blind, with respect to States eligible to participate in the State plan program established under subchapter XVI, (v) 18 years of age or older and permanently and totally disabled, with respect to States eligible to participate in the State plan program established under subchapter XVI, (vi) persons essential (as described in the second sentence of this subsection) to individuals receiving aid or assistance under State plans approved under subchapter I, X, XIV, or XVI, (vii) blind or disabled as defined in section 1382c of this title, with respect to States not eligible to participate in the State plan program established under subchapter XVI, (viii) pregnant women, (ix) individuals provided extended benefits under section 1396r–6 of this title, (x) individuals described in section 1396a(u)(1) of this title, (xi) individuals described in section 1396a(z)(1) of this title, (xii) employed individuals with a medically improved disability (as defined in subsection (v)), (xiii) individuals described in section 1396a(aa) of this title, (xiv) individuals described in section 1396a(a)(10)(A)(i)(VIII) or 1396a(a)(10)(A)(i)(IX) of this title, (xv) individuals described in section 1396a(a)(10)(A)(ii)(XX) of this title, (xvi) individuals described in section 1396a(ii) of this title, (xvii) individuals who are eligible for home and community-based services under needs-based criteria established under paragraph (1)(A) of section 1396n(i) of this title, or who are eligible for home and community-based services under paragraph (6) of such section, and who will receive home and community-based services pursuant to a State plan amendment under such subsection, or (xviii) individuals who, but for earnings in excess of the limit established under subsection (q)(2)(B), would be considered to be receiving supplemental security income, and who are at least 16 years of age, but whose income and resources are insufficient to meet all of such cost— (1) inpatient hospital services (other than services in an institution for mental diseases); (2) (A) outpatient hospital services, (B) consistent with State law permitting such services, rural health clinic services (as defined in subsection (l)(1)) and any other ambulatory services which are offered by a rural health clinic (as defined in subsection (l)(1)) and which are otherwise included in the plan, and (C) Federally...

    434 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

National environmental policy · 42 U.S.C. ch. 55 2 sections Amends the act as a whole
  • § 4332 Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts Amends

    42 U.S.C. § 4332 — at 4332(2)

    The law today

    The Congress authorizes and directs that, to the fullest extent possible: (1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in this chapter, and (2) all agencies of the Federal Government shall— (A) utilize a systematic, interdisciplinary approach which will ensure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on man’s environment; (B) identify and develop methods and procedures, in consultation with the Council on Environmental Quality established by subchapter II of this chapter, which will ensure that presently unquantified environmental amenities and values may be given appropriate consideration in decisionmaking along with economic and technical considerations; (C) consistent with the provisions of this chapter and except where compliance would be inconsistent with other statutory requirements, include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on— (i) reasonably foreseeable environmental effects of the proposed agency action; (ii) any reasonably foreseeable adverse environmental effects which cannot be avoided should the proposal be implemented; (iii) a reasonable range of alternatives to the proposed agency action, including an analysis of any negative environmental impacts of not implementing the proposed agency action in the case of a no action alternative, that are technically and economically feasible, and meet the purpose and need of the proposal; (iv) the relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity; and (v) any irreversible and irretrievable commitments of Federal resources which would be involved in the proposed agency action should it be implemented. Prior to making any detailed statement, the head of the lead agency shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the President, the Council on Environmental Quality and to the public as provided by section 552 of title 5, and shall accompany the proposal through the existing agency review processes; (D) ensure the professional integrity, including scientific integrity, of the discussion and analysis in an environmental document; (E) make use of reliable data and resources in carrying out this chapter; (F) consistent with the provisions of this chapter, study, develop, and describe technically and economically feasible alternatives; (G) any detailed statement required under subparagraph (C) after January 1, 1970, for any major Federal action funded under a program of grants to States shall not be deemed to be legally insufficient solely by reason of having been prepared by a State agency or official, if: (i) the State agency or official has statewide jurisdiction and has the responsibility for such action, (ii) the responsible Federal official furnishes guidance and participates in such preparation, (iii) the responsible Federal official independently evaluates such statement prior to its approval and adoption, and (iv) after January 1, 1976, the responsible Federal official provides early notification to, and solicits the views of, any other State or any Federal land management entity of any action or any alternative thereto which may have significant impacts upon such State or affected Federal land management entity and, if there is any disagreement on such impacts, prepares a written assessment of such impa...

    21 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 4370m Definitions Amends

    42 U.S.C. § 4370m — at 4370m(6)(A)

    The law today

    In this subchapter: (1) Agency The term “agency” has the meaning given the term in section 551 of title 5. (2) Agency CERPO The term “agency CERPO” means the chief environmental review and permitting officer of an agency, as designated by the head of the agency under section 4370m–1(b)(2)(A)(iii)(I) of this title. (3) Authorization The term “authorization” means any license, permit, approval, finding, determination, or other administrative decision issued by an agency and any interagency consultation that is required or authorized under Federal law in order to site, construct, reconstruct, or commence operations of a covered project administered by a Federal agency or, in the case of a State that chooses to participate in the environmental review and authorization process in accordance with section 4370m–2(c)(3)(A) of this title, a State agency. (4) Cooperating agency The term “cooperating agency” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). (5) Council The term “Council” means the Federal Permitting Improvement Steering Council established under section 4370m–1(a) of this title. (6) Covered project (A) In general The term “covered project” means any activity in the United States that requires authorization or environmental review by a Federal agency involving construction of infrastructure for renewable or conventional energy production, electricity transmission, surface transportation, aviation, ports and waterways, water resource projects, broadband, pipelines, manufacturing, semiconductors, artificial intelligence and machine learning, high-performance computing and advanced computer hardware and software, quantum information science and technology, data storage and data management, cybersecurity, carbon capture, energy storage, or any other sector as determined by a majority vote of the Council that— (i) (I) is subject to NEPA; (II) is likely to require a total investment of more than $200,000,000; and (III) does not qualify for abbreviated authorization or environmental review processes under any applicable law; (ii) is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines; (iii) is— (I) subject to NEPA; (II) sponsored by an Indian Tribe (as defined in section 5304 of title 25), an Alaska Native Corporation, a Native Hawaiian organization (as defined in section 7517 of title 20), the Department of Hawaiian Home Lands, or the Office of Hawaiian Affairs; and (III) located on land owned or under the jurisdiction of the entity that sponsors the activity under subclause (II); or (iv) is subject to NEPA and the size and complexity of which, in the opinion of the Council, make the project likely to benefit from enhanced oversight and coordination, including a project likely to require— (I) authorization from or environmental review involving more than 2 Federal agencies; or (II) the preparation of an environmental impact statement under NEPA. (B) Exclusion The term “covered project” does not include— (i) any project subject to section 139 of title 23; or (ii) any project subject to section 2348 of title 33. (C) Inclusion For purposes of subparagraph (A), construction of infrastructure for carbon capture includes construction of— (i) any facility, technology, or system that captures, utilizes, or sequesters carbon dioxide emissions, including projects for direct air capture (as defined in paragraph (6)(B)(i) of section 7403(g) of this title); and (ii) carbon dioxide pipelines. (7) Dashboard The term “Dashboard” means the Permitting Dashboard required under section 4370m–2(b) of this title. (8) Environmental assessment The term “environmental assessment” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). (9) Environmental document (A) In general The term “environmental document” means an environmenta...

    40 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Energy conservation · 42 U.S.C. ch. 77 2 sections
  • § 6240 Petroleum products for storage, transport, or exchange Amends

    42 U.S.C. § 6240 — at 6240(c)

    The law today

    (a) Eligibility of petroleum products The Secretary may acquire, place in storage, transport, or exchange petroleum products acquired by purchase or exchange. (b) Objectives in determining manner of acquisition The Secretary shall, to the greatest extent practicable, acquire petroleum products for the Reserve in a manner consonant with the following objectives: (1) minimization of the cost of the Reserve; (2) Repealed. Pub. L. 106–469, title I, § 103(14)(C), Nov. 9, 2000, 114 Stat. 2031; (3) minimization of the Nation’s vulnerability to a severe energy supply interruption; (4) minimization of the impact of such acquisition upon supply levels and market forces; and (5) encouragement of competition in the petroleum industry. (c) Procedures The Secretary shall develop, with public notice and opportunity for comment, procedures consistent with the objectives of this section to acquire petroleum for the Reserve. Such procedures shall take into account the need to— (1) maximize overall domestic supply of crude oil (including quantities stored in private sector inventories); (2) avoid incurring excessive cost or appreciably affecting the price of petroleum products to consumers; (3) minimize the costs to the Department of the Interior and the Department of Energy in acquiring such petroleum products (including foregone revenues to the Treasury when petroleum products for the Reserve are obtained through the royalty-in-kind program); (4) protect national security; (5) avoid adversely affecting current and futures prices, supplies, and inventories of oil; and (6) address other factors that the Secretary determines to be appropriate. (d) , (e) Repealed. Pub. L. 106–469, title I, § 103(14)(D), Nov. 9, 2000, 114 Stat. 2031 (f) Predrawdown diversion If the Secretary finds that a severe energy supply interruption may be imminent, the Secretary may suspend the acquisition of petroleum product for, and the injection of petroleum product into, the Reserve and may sell any petroleum product acquired for and in transit to, but not injected into, the Reserve. (g) Repealed. Pub. L. 106–469, title I, § 103(14)(D), Nov. 9, 2000, 114 Stat. 2031 (h) Purchase from stripper well properties (1) If the President finds that declines in the production of oil from domestic resources pose a threat to national energy security, the President may direct the Secretary to acquire oil from domestic production of stripper well properties for storage in the Strategic Petroleum Reserve. Except as provided in paragraph (2), the Secretary may set such terms and conditions as he deems necessary for such acquisition. (2) Crude oil purchased by the Secretary pursuant to this subsection shall be by competitive bid. The price paid by the Secretary— (A) shall take into account the cost of production including costs of reservoir and well maintenance; and (B) shall not exceed the price that would have been paid if the Secretary had acquired petroleum products of a similar quality on the open market under competitive bid procedures without regard to the source of the petroleum products.

    5 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 6241 Drawdown and sale of petroleum products Amends

    42 U.S.C. § 6241 — at 6241(a)

    The law today

    (a) Power of Secretary The Secretary may drawdown and sell petroleum products in the Reserve only in accordance with the provisions of this section. (b) , (c) Repealed. Pub. L. 106–469, title I, § 103(15)(C), Nov. 9, 2000, 114 Stat. 2031 (d) Presidential finding prerequisite to drawdown and sale (1) Drawdown and sale of petroleum products from the Strategic Petroleum Reserve may not be made unless the President has found drawdown and sale are required by a severe energy supply interruption or by obligations of the United States under the international energy program. (2) For purposes of this section, in addition to the circumstances set forth in section 6202(8) of this title, a severe energy supply interruption shall be deemed to exist if the President determines that— (A) an emergency situation exists and there is a significant reduction in supply which is of significant scope and duration; (B) a severe increase in the price of petroleum products has resulted from such emergency situation; and (C) such price increase is likely to cause a major adverse impact on the national economy. (e) Sales procedures (1) The Secretary shall sell petroleum products withdrawn from the Strategic Petroleum Reserve at public sale to the highest qualified bidder in the amounts, for the period, and after a notice of sale considered appropriate by the Secretary, and without regard to Federal, State, or local regulations controlling sales of petroleum products. (2) The Secretary may cancel in whole or in part any offer to sell petroleum products as part of any drawdown and sale under this section. (f) Repealed. Pub. L. 106–469, title I, § 103(15)(C), Nov. 9, 2000, 114 Stat. 2031 (g) Directive to carry out test drawdown and sale (1) The Secretary shall conduct a continuing evaluation of the drawdown and sales procedures. In the conduct of an evaluation, the Secretary is authorized to carry out a test drawdown and sale or exchange of petroleum products from the Reserve. Such a test drawdown and sale or exchange may not exceed 5,000,000 barrels of petroleum products. (2) Repealed. Pub. L. 106–469, title I, § 103(15)(F)(ii), Nov. 9, 2000, 114 Stat. 2031. (3) At least part of the crude oil that is sold or exchanged under this subsection shall be sold or exchanged to or with entities that are not part of the Federal Government. (4) The Secretary may not sell any crude oil under this subsection at a price less than that which the Secretary determines appropriate and, in no event, at a price less than 95 percent of the sales price, as estimated by the Secretary, of comparable crude oil being sold in the same area at the time the Secretary is offering crude oil for sale in such area under this subsection. (5) The Secretary may cancel any offer to sell or exchange crude oil as part of any test under this subsection if the Secretary determines that there are insufficient acceptable offers to obtain such crude oil. (6) In the case of a sale of any petroleum products under this subsection, the Secretary shall, to the extent funds are available in the SPR Petroleum Account as a result of such sale, acquire petroleum products for the Reserve within the 12-month period beginning after completion of the sale. (7) Rules, regulations, or orders issued in order to carry out this subsection which have the applicability and effect of a rule as defined in section 551(4) of title 5 shall not be subject to the requirements of subchapter II of chapter 5 of such title or to section 6393 of this title. (8) Notice to congress.— (A) Prior notice.— Not less than 14 days before the date on which a test is carried out under this subsection, the Secretary shall notify both Houses of Congress of the test. (B) Emergency.— The prior notice requirement in subparagraph (A) shall not apply if the Secretary determines that an emergency exists which requires a test to be carried out, in which case the Secretary shall notify both Houses of Congress of the test as soon as possible. (C) De...

    34 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Solid waste disposal · 42 U.S.C. ch. 82 1 section Amends the act as a whole
  • § 6925 Permits for treatment, storage, or disposal of hazardous waste Amends

    42 U.S.C. § 6925 — at 6925(e)

    The law today

    (a) Permit requirements Not later than eighteen months after October 21, 1976, the Administrator shall promulgate regulations requiring each person owning or operating an existing facility or planning to construct a new facility for the treatment, storage, or disposal of hazardous waste identified or listed under this subchapter to have a permit issued pursuant to this section. Such regulations shall take effect on the date provided in section 6930 of this title and upon and after such date the treatment, storage, or disposal of any such hazardous waste and the construction of any new facility for the treatment, storage, or disposal of any such hazardous waste is prohibited except in accordance with such a permit. No permit shall be required under this section in order to construct a facility if such facility is constructed pursuant to an approval issued by the Administrator under section 2605(e) of title 15 for the incineration of polychlorinated biphenyls and any person owning or operating such a facility may, at any time after operation or construction of such facility has begun, file an application for a permit pursuant to this section authorizing such facility to incinerate hazardous waste identified or listed under this subchapter. (b) Requirements of permit application Each application for a permit under this section shall contain such information as may be required under regulations promulgated by the Administrator, including information respecting— (1) estimates with respect to the composition, quantities, and concentrations of any hazardous waste identified or listed under this subchapter, or combinations of any such hazardous waste and any other solid waste, proposed to be disposed of, treated, transported, or stored, and the time, frequency, or rate of which such waste is proposed to be disposed of, treated, transported, or stored; and (2) the site at which such hazardous waste or the products of treatment of such hazardous waste will be disposed of, treated, transported to, or stored. (c) Permit issuance (1) Upon a determination by the Administrator (or a State, if applicable), of compliance by a facility for which a permit is applied for under this section with the requirements of this section and section 6924 of this title, the Administrator (or the State) shall issue a permit for such facilities. In the event permit applicants propose modification of their facilities, or in the event the Administrator (or the State) determines that modifications are necessary to conform to the requirements under this section and section 6924 of this title, the permit shall specify the time allowed to complete the modifications. (2) (A) (i) Not later than the date four years after November 8, 1984, in the case of each application under this subsection for a permit for a land disposal facility which was submitted before such date, the Administrator shall issue a final permit pursuant to such application or issue a final denial of such application. (ii) Not later than the date five years after November 8, 1984, in the case of each application for a permit under this subsection for an incinerator facility which was submitted before such date, the Administrator shall issue a final permit pursuant to such application or issue a final denial of such application. (B) Not later than the date eight years after November 8, 1984, in the case of each application for a permit under this subsection for any facility (other than a facility referred to in subparagraph (A)) which was submitted before such date, the Administrator shall issue a final permit pursuant to such application or issue a final denial of such application. (C) The time periods specified in this paragraph shall also apply in the case of any State which is administering an authorized hazardous waste program under section 6926 of this title. Interim status under subsection (e) shall terminate for each facility referred to in subparagraph (A)(ii) or (B) on the expiration of t...

    6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Department of energy · 42 U.S.C. ch. 84 Amends the act as a whole
Air pollution prevention and control · 42 U.S.C. ch. 85 2 sections 2 repealed
  • § 7434 Repealed. Pub. L. 119–21, title VI, § 60002, July 4, 2025, 139 Stat. 154 Repeals

    42 U.S.C. § 7434

    This section is repealed in the current Code.

    4 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 7436 Methane emissions and waste reduction incentive program for petroleum and natural gas systems Repeals

    42 U.S.C. § 7436

    The law today

    (a) Incentives for methane mitigation and monitoring In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $850,000,000, to remain available until September 30, 2028— (1) for grants, rebates, contracts, loans, and other activities of the Environmental Protection Agency for the purposes of providing financial and technical assistance to owners and operators of applicable facilities to prepare and submit greenhouse gas reports under subpart W of part 98 of title 40, Code of Federal Regulations; (2) for grants, rebates, contracts, loans, and other activities of the Environmental Protection Agency authorized under subsections (a) through (c) of section 7403 of this title for methane emissions monitoring; (3) for grants, rebates, contracts, loans, and other activities of the Environmental Protection Agency for the purposes of providing financial and technical assistance to reduce methane and other greenhouse gas emissions from petroleum and natural gas systems, mitigate legacy air pollution from petroleum and natural gas systems, and provide funding for— (A) improving climate resiliency of communities and petroleum and natural gas systems; (B) improving and deploying industrial equipment and processes that reduce methane and other greenhouse gas emissions and waste; (C) supporting innovation in reducing methane and other greenhouse gas emissions and waste from petroleum and natural gas systems; (D) permanently shutting in and plugging wells on non-Federal land; (E) mitigating health effects of methane and other greenhouse gas emissions, and legacy air pollution from petroleum and natural gas systems in low-income and disadvantaged communities; and (F) supporting environmental restoration; and (4) to cover all direct and indirect costs required to administer this section, prepare inventories, gather empirical data, and track emissions. (b) Incentives for methane mitigation from conventional wells In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $700,000,000, to remain available until September 30, 2028, for activities described in paragraphs (1) through (4) of subsection (a) at marginal conventional wells. (c) Waste emissions charge The Administrator shall impose and collect a charge on methane emissions that exceed an applicable waste emissions threshold under subsection (f) from an owner or operator of an applicable facility that reports more than 25,000 metric tons of carbon dioxide equivalent of greenhouse gases emitted per year pursuant to subpart W of part 98 of title 40, Code of Federal Regulations, regardless of the reporting threshold under that subpart. (d) Applicable facility For purposes of this section, the term “applicable facility” means a facility within the following industry segments, as defined in subpart W of part 98 of title 40, Code of Federal Regulations: (1) Offshore petroleum and natural gas production. (2) Onshore petroleum and natural gas production. (3) Onshore natural gas processing. (4) Onshore natural gas transmission compression. (5) Underground natural gas storage. (6) Liquefied natural gas storage. (7) Liquefied natural gas import and export equipment. (8) Onshore petroleum and natural gas gathering and boosting. (9) Onshore natural gas transmission pipeline. (e) Charge amount The amount of a charge under subsection (c) for an applicable facility shall be equal to the product obtained by multiplying— (1) the number of metric tons of methane emissions reported pursuant to subpart W of part 98 of title 40, Code of Federal Regulations, for the applicable facility that exceed the applicable annual waste emissions threshold listed in subsection (f) during the previous reporting period; and (2) (A) $900 for emissions reported for calendar year 2024; (B) $1,200 for emiss...

    10 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

National energy policy and programs · 42 U.S.C. ch. 149 2 sections
  • § 15942 NEPA review Amends

    42 U.S.C. § 15942

    The law today

    (a) NEPA review Action by the Secretary of the Interior in managing the public lands, or the Secretary of Agriculture in managing National Forest System Lands, with respect to any of the activities described in subsection (b) shall be subject to a rebuttable presumption that the use of a categorical exclusion under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] (NEPA) would apply if the activity is conducted pursuant to the Mineral Leasing Act [30 U.S.C. 181 et seq.] for the purpose of exploration or development of oil or gas. (b) Activities described The activities referred to in subsection (a) are the following: (1) Individual surface disturbances of less than 5 acres so long as the total surface disturbance on the lease is not greater than 150 acres and site-specific analysis in a document prepared pursuant to NEPA has been previously completed. (2) Drilling an oil or gas well at a location or well pad site at which drilling has occurred previously within 5 years prior to the date of spudding the well. (3) Drilling an oil or gas well within a developed field for which an approved land use plan or any environmental document prepared pursuant to NEPA analyzed such drilling as a reasonably foreseeable activity, so long as such plan or document was approved within 5 years prior to the date of spudding the well. (4) Placement of a pipeline in an approved right-of-way corridor, so long as the corridor was approved within 5 years prior to the date of placement of the pipeline. (5) Maintenance of a minor activity, other than any construction or major renovation or a building or facility.

    22 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 15943 Certain gathering lines located on Federal land and Indian land Amends

    42 U.S.C. § 15943 — at 15943(b)(1)

    The law today

    (a) Definitions In this section: (1) Federal land (A) In general The term “Federal land” means land the title to which is held by the United States. (B) Exclusions The term “Federal land” does not include— (i) a unit of the National Park System; (ii) a unit of the National Wildlife Refuge System; (iii) a component of the National Wilderness Preservation System; (iv) a wilderness study area within the National Forest System; or (v) Indian land. (2) Gathering line and associated field compression or pumping unit (A) In general The term “gathering line and associated field compression or pumping unit” means— (i) a pipeline that is installed to transport oil, natural gas and related constituents, or produced water from 1 or more wells drilled and completed to produce oil or gas; and (ii) if necessary, 1 or more compressors or pumps to raise the pressure of the transported oil, natural gas and related constituents, or produced water to higher pressures necessary to enable the oil, natural gas and related constituents, or produced water to flow into pipelines and other facilities. (B) Inclusions The term “gathering line and associated field compression or pumping unit” includes a pipeline or associated compression or pumping unit that is installed to transport oil or natural gas from a processing plant to a common carrier pipeline or facility. (C) Exclusions The term “gathering line and associated field compression or pumping unit” does not include a common carrier pipeline. (3) Indian land The term “Indian land” means land the title to which is held by— (A) the United States in trust for an Indian Tribe or an individual Indian; or (B) an Indian Tribe or an individual Indian subject to a restriction by the United States against alienation. (4) Produced water The term “produced water” means water produced from an oil or gas well bore that is not a fluid prepared at, or transported to, the well site to resolve a specific oil or gas well bore or reservoir condition. (5) Secretary The term “Secretary” means the Secretary of the Interior. (b) Certain gathering lines (1) In general Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gathering line and associated field compression or pumping unit that is located on Federal land or Indian land and that services any oil or gas well may be considered by the Secretary to be an action that is categorically excluded (as defined in section 1508.1 of title 40, Code of Federal Regulations (as in effect on November 15, 2021)) for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the gathering line and associated field compression or pumping unit— (A) are within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed transportation of oil, natural gas, or produced water from 1 or more oil or gas wells in the field or unit as a reasonably foreseeable activity; (B) are located adjacent to or within— (i) any existing disturbed area; or (ii) an existing corridor for a right-of-way; and (C) would reduce— (i) in the case of a gathering line and associated field compression or pumping unit transporting methane, the total quantity of methane that would otherwise be vented, flared, or unintentionally emitted from the field or unit; or (ii) in the case of a gathering line and associated field compression or pumping unit not transporting methane, the vehicular traffic that would otherwise service the field or unit. (2) Applicability Paragraph (1) shall apply to Indian land, or a portion of Indian land— (A) to which the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applies; and (B) for which the Indian Tribe with jurisdiction over the Indian land submits to the Secretary a written request that paragraph (1) apply to that Indian land (or portion of Indian land). (c) Effect on other law Nothing in this s...

    4 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Energy infrastructure · 42 U.S.C. ch. 162 1 section
  • § 18795 Home energy performance-based, whole-house rebates Amends

    42 U.S.C. § 18795 — at 18795(c)(7)

    The law today

    (a) Appropriation (1) In general In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $4,300,000,000, to remain available through September 30, 2031, to carry out a program to award grants to State energy offices to develop and implement a HOMES rebate program. (2) Allocation of funds (A) In general The Secretary shall reserve funds made available under paragraph (1) for each State energy office— (i) in accordance with the allocation formula for the State Energy Program in effect on January 1, 2022; and (ii) to be distributed to a State energy office if the application of the State energy office under subsection (b) is approved. (B) Additional funds Not earlier than 2 years after August 16, 2022, any money reserved under subparagraph (A) but not distributed under clause (ii) of that subparagraph shall be redistributed to the State energy offices operating a HOMES rebate program using a grant received under this section in proportion to the amount distributed to those State energy offices under subparagraph (A)(ii). (3) Administrative expenses Of the funds made available under paragraph (1), the Secretary shall use not more than 3 percent for— (A) administrative purposes; and (B) providing technical assistance relating to activities carried out under this section. (b) Application A State energy office seeking a grant under this section shall submit to the Secretary an application that includes a plan to implement a HOMES rebate program, including a plan— (1) to use procedures, as approved by the Secretary, for determining the reductions in home energy use resulting from the implementation of a home energy efficiency retrofit that are calibrated to historical energy usage for a home consistent with BPI 2400, for purposes of modeled performance home rebates; (2) to use open-source advanced measurement and verification software, as approved by the Secretary, for determining and documenting the monthly and hourly (if available) weather-normalized energy use of a home before and after the implementation of a home energy efficiency retrofit, for purposes of measured performance home rebates; (3) to value savings based on time, location, or greenhouse gas emissions; (4) for quality monitoring to ensure that each home energy efficiency retrofit for which a rebate is provided is documented in a certificate that— (A) is provided by the contractor and certified by a third party to the homeowner; and (B) details the work performed, the equipment and materials installed, and the projected energy savings or energy generation to support accurate valuation of the retrofit; (5) to provide a contractor performing a home energy efficiency retrofit or an aggregator who has the right to claim a rebate $200 for each home located in a disadvantaged community that receives a home energy efficiency retrofit for which a rebate is provided under the program; and (6) to ensure that a homeowner or aggregator does not receive a rebate for the same upgrade through both a HOMES rebate program and any other Federal grant or rebate program, pursuant to subsection (c)(7). (c) HOMES rebate program (1) In general A HOMES rebate program carried out by a State energy office receiving a grant pursuant to this section shall provide rebates to homeowners and aggregators for whole-house energy saving retrofits begun on or after August 16, 2022, and completed by not later than September 30, 2031. (2) Amount of rebate Subject to paragraph (3), under a HOMES rebate program, the amount of a rebate shall not exceed— (A) for individuals and aggregators carrying out energy efficiency upgrades of single-family homes— (i) in the case of a retrofit that achieves modeled energy system savings of not less than 20 percent but less than 35 percent, the lesser of— (I) $2,000; and (II) 50 percent of the project cost; (ii) in the case of a retrofit that achieves modeled en...

    6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Submerged lands · 43 U.S.C. ch. 29 3 sections
  • § 1337 Leases, easements, and rights-of-way on the outer Continental Shelf Amends

    43 U.S.C. § 1337 — at 1337(a)(1) and 1337(p)(2)

    The law today

    (a) Oil and gas leases; award to highest responsible qualified bidder; method of bidding; royalty relief; Congressional consideration of bidding system; notice (1) The Secretary is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the outer Continental Shelf which are not covered by leases meeting the requirements of subsection (a) of section 1335 of this title. Such regulations may provide for the deposit of cash bids in an interest-bearing account until the Secretary announces his decision on whether to accept the bids, with the interest earned thereon to be paid to the Treasury as to bids that are accepted and to the unsuccessful bidders as to bids that are rejected. The bidding shall be by sealed bid and, at the discretion of the Secretary, on the basis of— (A) cash bonus bid with a royalty at not less than 12½ percent, but not more than 16⅔ percent, fixed by the Secretary in amount or value of the production saved, removed, or sold; (B) variable royalty bid based on a per centum in amount or value of the production saved, removed, or sold, with either a fixed work commitment based on dollar amount for exploration or a fixed cash bonus as determined by the Secretary, or both; (C) cash bonus bid, or work commitment bid based on a dollar amount for exploration with a fixed cash bonus, and a diminishing or sliding royalty based on such formulae as the Secretary shall determine as equitable to encourage continued production from the lease area as resources diminish, but not less than 12½ percent, but not more than 16⅔ percent, at the beginning of the lease period in amount or value of the production saved, removed, or sold; (D) cash bonus bid with a fixed share of the net profits of no less than 30 per centum to be derived from the production of oil and gas from the lease area; (E) fixed cash bonus with the net profit share reserved as the bid variable; (F) cash bonus bid with a royalty at not less than 12½ percent, but not more than 16⅔ percent, fixed by the Secretary in amount or value of the production saved, removed, or sold and a fixed per centum share of net profits of no less than 30 per centum to be derived from the production of oil and gas from the lease area; (G) work commitment bid based on a dollar amount for exploration with a fixed cash bonus and a fixed royalty in amount or value of the production saved, removed, or sold; (H) cash bonus bid with royalty at not less than 12½ percent, but not more than 16⅔ percent, fixed by the Secretary in amount or value of production saved, removed, or sold, and with suspension of royalties for a period, volume, or value of production determined by the Secretary, which suspensions may vary based on the price of production from the lease; or (I) subject to the requirements of paragraph (4) of this subsection, any modification of bidding systems authorized in subparagraphs (A) through (G), or any other systems of bid variables, terms, and conditions which the Secretary determines to be useful to accomplish the purposes and policies of this subchapter, except that no such bidding system or modification shall have more than one bid variable. (2) The Secretary may, in his discretion, defer any part of the payment of the cash bonus, as authorized in paragraph (1) of this subsection, according to a schedule announced at the time of the announcement of the lease sale, but such payment shall be made in total no later than five years after the date of the lease sale. (3) (A) The Secretary may, in order to promote increased production on the lease area, through direct, secondary, or tertiary recovery means, reduce or eliminate any royalty or net profit share set forth in the lease for such area. (B) In the Western and Central Planning Areas of the Gulf of Mexico and the portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease...

    96 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 1344 Outer Continental Shelf leasing program Amends

    43 U.S.C. § 1344

    The law today

    (a) Schedule of proposed oil and gas lease sales The Secretary, pursuant to procedures set forth in subsections (c) and (d) of this section, shall prepare and periodically revise, and maintain an oil and gas leasing program to implement the policies of this subchapter. The leasing program shall consist of a schedule of proposed lease sales indicating, as precisely as possible, the size, timing, and location of leasing activity which he determines will best meet national energy needs for the five-year period following its approval or reapproval. Such leasing program shall be prepared and maintained in a manner consistent with the following principles: (1) Management of the outer Continental Shelf shall be conducted in a manner which considers economic, social, and environmental values of the renewable and nonrenewable resources contained in the outer Continental Shelf, and the potential impact of oil and gas exploration on other resource values of the outer Continental Shelf and the marine, coastal, and human environments. (2) Timing and location of exploration, development, and production of oil and gas among the oil- and gas-bearing physiographic regions of the outer Continental Shelf shall be based on a consideration of— (A) existing information concerning the geographical, geological, and ecological characteristics of such regions; (B) an equitable sharing of developmental benefits and environmental risks among the various regions; (C) the location of such regions with respect to, and the relative needs of, regional and national energy markets; (D) the location of such regions with respect to other uses of the sea and seabed, including fisheries, navigation, existing or proposed sealanes, potential sites of deepwater ports, and other anticipated uses of the resources and space of the outer Continental Shelf; (E) the interest of potential oil and gas producers in the development of oil and gas resources as indicated by exploration or nomination; (F) laws, goals, and policies of affected States which have been specifically identified by the Governors of such States as relevant matters for the Secretary’s consideration; (G) the relative environmental sensitivity and marine productivity of different areas of the outer Continental Shelf; and (H) relevant environmental and predictive information for different areas of the outer Continental Shelf. (3) The Secretary shall select the timing and location of leasing, to the maximum extent practicable, so as to obtain a proper balance between the potential for environmental damage, the potential for the discovery of oil and gas, and the potential for adverse impact on the coastal zone. (4) Leasing activities shall be conducted to assure receipt of fair market value for the lands leased and the rights conveyed by the Federal Government. (b) Estimates of appropriations and staff required for management of leasing program The leasing program shall include estimates of the appropriations and staff required to— (1) obtain resource information and any other information needed to prepare the leasing program required by this section; (2) analyze and interpret the exploratory data and any other information which may be compiled under the authority of this subchapter; (3) conduct environmental studies and prepare any environmental impact statement required in accordance with this subchapter and with section 4332(2)(C) of title 42; and (4) supervise operations conducted pursuant to each lease in the manner necessary to assure due diligence in the exploration and development of the lease area and compliance with the requirements of applicable law and regulations, and with the terms of the lease. (c) Suggestions from Federal agencies and affected State and local governments; submission of proposed program to Governors of affected States and Congress; publication in Federal Register (1) During the preparation of any proposed leasing program under this section, the Secretary shall invite and consi...

    48 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 1356c Wind lease sales for areas of the outer Continental Shelf offshore of territories of the United States Amends

    43 U.S.C. § 1356c

    The law today

    (a)  1 Wind lease sales off coasts of territories of the United States (1) Call for information and nominations (A) In general The Secretary shall issue calls for information and nominations for proposed wind lease sales for areas of the outer Continental Shelf described in paragraph (2) that are determined to be feasible. (B) Initial call Not later than September 30, 2025, the Secretary shall issue an initial call for information and nominations under this paragraph. (2) Conditional wind lease sales The Secretary may conduct wind lease sales in each area within the exclusive economic zone of the United States adjacent to the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands that meets each of the following criteria: (A) The Secretary has concluded that a wind lease sale in the area is feasible. (B) The Secretary has determined that there is sufficient interest in leasing the area. (C) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development.

    4 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Federal land policy and management · 43 U.S.C. ch. 35 2 sections
  • § 1761 Grant, issue, or renewal of rights-of-way Amends

    43 U.S.C. § 1761

    The law today

    (a) Authorized purposes The Secretary, with respect to the public lands (including public lands, as defined in section 1702(e) of this title, which are reserved from entry pursuant to section 24 of the Federal Power Act (16 U.S.C. 818)) and, the Secretary of Agriculture, with respect to lands within the National Forest System (except in each case land designated as wilderness), are authorized to grant, issue, or renew rights-of-way over, upon, under, or through such lands for— (1) reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other facilities and systems for the impoundment, storage, transportation, or distribution of water; (2) pipelines and other systems for the transportation or distribution of liquids and gases, other than water and other than oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom, and for storage and terminal facilities in connection therewith; (3) pipelines, slurry and emulsion systems, and conveyor belts for transportation and distribution of solid materials, and facilities for the storage of such materials in connection therewith; (4) systems for generation, transmission, and distribution of electric energy, except that the applicant shall also comply with all applicable requirements of the Federal Energy Regulatory Commission under the Federal Power Act, including part 1 1 thereof (41 Stat. 1063, 16 U.S.C. 791a–825r).; 2 (5) systems for transmission or reception of radio, television, telephone, telegraph, and other electronic signals, and other means of communication; (6) roads, trails, highways, railroads, canals, tunnels, tramways, airways, livestock driveways, or other means of transportation except where such facilities are constructed and maintained in connection with commercial recreation facilities on lands in the National Forest System; or (7) such other necessary transportation or other systems or facilities which are in the public interest and which require rights-of-way over, upon, under, or through such lands. (b) Procedures applicable; administration (1) The Secretary concerned shall require, prior to granting, issuing, or renewing a right-of-way, that the applicant submit and disclose those plans, contracts, agreements, or other information reasonably related to the use, or intended use, of the right-of-way, including its effect on competition, which he deems necessary to a determination, in accordance with the provisions of this Act, as to whether a right-of-way shall be granted, issued, or renewed and the terms and conditions which should be included in the right-of-way. (2) If the applicant is a partnership, corporation, association, or other business entity, the Secretary concerned, prior to granting a right-to-way 3 pursuant to this subchapter, shall require the applicant to disclose the identity of the participants in the entity, when he deems it necessary to a determination, in accordance with the provisions of this subchapter, as to whether a right-of-way shall be granted, issued, or renewed and the terms and conditions which should be included in the right-of-way. Such disclosures shall include, where applicable: (A) the name and address of each partner; (B) the name and address of each shareholder owning 3 per centum or more of the shares, together with the number and percentage of any class of voting shares of the entity which such shareholder is authorized to vote; and (C) the name and address of each affiliate of the entity together with, in the case of an affiliate controlled by the entity, the number of shares and the percentage of any class of voting stock of that affiliate owned, directly or indirectly, by that entity, and, in the case of an affiliate which controls that entity, the number of shares and the percentage of any class of voting stock of that entity owned, directly or indirectly, by the affiliate. (3) The Secretary of Agriculture shall have the authority to administer all rights-of-way...

    11 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 1772 Vegetation managment,1 facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights of way Amends

    43 U.S.C. § 1772 — at 1772(a)(1)(B)(ii), 1772(c)(3)(E), and 1772(c)(4)(A)

    The law today

    (a) Definitions In this section: (1) Hazard tree The term “hazard tree” means any tree or part thereof (whether located inside or outside a right-of-way) that has been designated, prior to tree failure, by a certified or licensed arborist or forester under the supervision of the Secretary concerned or the owner or operator of a transmission or distribution facility to be— (A) dead, likely to die within the routine vegetation management cycle, or likely to fail within the routine vegetation management cycle; and (B) if the tree or part of the tree failed, likely to— (i) cause substantial damage or disruption to a transmission or distribution facility; or (ii) come within 10 feet of an electric power line. (2) Owner; operator The terms “owner” and “operator” include contractors or other agents engaged by the owner or operator of an electric transmission or distribution facility. (3) Plan The term “plan” means a vegetation management, facility inspection, and operation and maintenance plan that— (A) is prepared by the owner or operator of 1 or more electric transmission or distribution facilities to cover 1 or more electric transmission and distribution rights-of-way; and (B) provides for the long-term, cost-effective, efficient, and timely management of facilities and vegetation within the width of the right-of-way and abutting Federal land, including hazard trees, to enhance electric reliability, promote public safety, and avoid fire hazards. (4) Secretary concerned The term “Secretary concerned” means— (A) the Secretary, with respect to public lands; and (B) the Secretary of Agriculture, with respect to National Forest System land. (b) Guidance (1) In general To enhance the reliability of the electric grid and reduce the threat of wildfire damage to, and wildfire caused by vegetation-related conditions within, electric transmission and distribution rights-of-way and abutting Federal land, including hazard trees, the Secretary concerned shall issue and periodically update guidance to ensure that provisions are appropriately developed and implemented for utility vegetation management, facility inspection, and operation and maintenance of rights-of-way, regardless of the means by which the rights-of-way are established (including by grant, special use authorization, and easement). (2) Limitation The guidance issued under paragraph (1) shall be compatible with mandatory reliability standards established by the Electric Reliability Organization. (3) Considerations The guidance issued under paragraph (1) shall take into account— (A) all applicable law, including fire safety and electric system reliability requirements (including reliability standards established by the Electric Reliability Organization under section 824o of title 16); and (B) the Memorandum of Understanding on Vegetation Management for Powerline Rights-of-Way between the Edison Electric Institute, Utility Arborist Association, the Department of the Interior, the Department of Agriculture, and the Environmental Protection Agency signed in 2016. (4) Requirements The guidance issued under paragraph (1) shall— (A) be developed in consultation with the owners of transmission and distribution facilities that hold rights-of-way; (B) seek to minimize the need for case-by-case approvals for— (i) routine vegetation management, facility inspection, and operation and maintenance activities; and (ii) utility vegetation management activities that are necessary to control hazard trees; and (C) provide for prompt and timely review of requests to conduct vegetation management activities that require approval of the Secretary concerned, especially activities requiring expedited or immediate action. (c) Vegetation management, facility inspection, and operation and maintenance plans (1) Development and submission Consistent with subsection (b), the Secretary concerned shall provide owners and operators of electric transmission or distribution facilities located on public lands and N...

    11 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Project delivery · 49 U.S.C. ch. 242 1 section
  • § 24201 Efficient environmental reviews Amends

    49 U.S.C. § 24201 — at 24201(a)(4)

    The law today

    (a) Efficient Environmental Reviews.— (1) In general.— The Secretary of Transportation shall apply the project development procedures, to the greatest extent feasible, described in section 139 of title 23 to any railroad project that requires the approval of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Regulations and procedures.— In carrying out paragraph (1), the Secretary shall incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph (1) aspects of such project development procedures, or portions thereof, determined appropriate by the Secretary in a manner consistent with this section, that increase the efficiency of the review of railroad projects. (3) Discretion.— The Secretary may choose not to incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph (1) such project development procedures that could only feasibly apply to highway projects, public transportation capital projects, and multimodal projects. (4) Applicability.— Subsection (l) of section 139 of title 23 shall apply to railroad projects described in paragraph (1), except that the limitation on claims of 150 days shall be 2 years. (b) Additional Categorical Exclusions.— Not later than 6 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall— (1) survey the use by the Federal Railroad Administration of categorical exclusions in transportation projects since 2005; and (2) publish in the Federal Register for notice and public comment a review of the survey that includes a description of— (A) the types of actions categorically excluded; and (B) any actions the Secretary is considering for new categorical exclusions, including those that would conform to those of other modal administrations. (c) New Categorical Exclusions.— Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall publish a notice of proposed rulemaking to propose new and existing categorical exclusions for railroad projects that require the approval of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including those identified under subsection (b), and develop a process for considering new categorical exclusions to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations. (d) Transparency.— The Secretary shall maintain and make publicly available, including on the Internet, a database that identifies project-specific information on the use of a categorical exclusion on any railroad project carried out under this title. (e) Protections for Existing Agreements and NEPA.— Nothing in subtitle E of the Passenger Rail Reform and Investment Act of 2015, or any amendment made by such subtitle, shall affect any existing environmental review process, program, agreement, or funding arrangement approved by the Secretary under title 49, as that title was in effect on the day preceding the date of enactment of such subtitle.

    6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Also cites: 5 U.S.C. § 553, 5 U.S.C. § 802, 5 U.S.C. § 804, 7 U.S.C. § 1925, 15 U.S.C. § 636, 15 U.S.C. § 717a, 15 U.S.C. § 717n, 16 U.S.C. § 668dd, 16 U.S.C. § 796, 16 U.S.C. § 824o, 16 U.S.C. § 1536, 16 U.S.C. § 1604 and 19 more

Action History

  1. Committee on the Budget. Hearings held. Hearings printed: S.Hrg. 118-76.

  2. Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 41.

  3. Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

  4. Referred to the Subcommittee on Aviation.

  5. Referred to the Subcommittee on Coast Guard and Maritime Transportation.

  6. Referred to the Subcommittee on Highways and Transit.

  7. Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.

  8. Referred to the Subcommittee on Water Resources and Environment.

  9. Rules Committee Resolution H. Res. 327 Reported to House. Rule provides for consideration of H.R. 2811 and H.J. Res. 39. Resolution provides for two hours of general debate on H.R. 2811 and one hour of general debate on H.J. Res. 39. The previous question is considered as ordered with one motion to recommit allowed on each measure.

  10. Considered under the provisions of rule H. Res. 327. (consideration: CR H1979-2038)

  11. Rule provides for consideration of H.R. 2811 and H.J. Res. 39. Resolution provides for two hours of general debate on H.R. 2811 and one hour of general debate on H.J. Res. 39. The previous question is considered as ordered with one motion to recommit allowed on each measure.

  12. DEBATE - The House proceeded with two hours of debate on H.R. 2811.

  13. The previous question was ordered pursuant to the rule.

  14. Mr. Ryan moved to recommit to the Committee on Ways and Means. (text: CR H2037)

  15. The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

  16. On motion to recommit Failed by the Yeas and Nays: 211 - 221 (Roll no. 198).

  17. Passed/agreed to in House: On passage Passed by the Yeas and Nays: 217 - 215 (Roll no. 199). (text: CR H1979-2012)

  18. On passage Passed by the Yeas and Nays: 217 - 215 (Roll no. 199). (text: CR H1979-2012)

  19. Motion to reconsider laid on the table Agreed to without objection.

  20. Introduced in House

  21. Introduced in House

  22. Referred to the Committee on Ways and Means, and in addition to the Committees on the Budget, Appropriations, Oversight and Accountability, Education and the Workforce, Agriculture, Energy and Commerce, the Judiciary, Rules, Transportation and Infrastructure, and Natural Resources, 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.

  23. Referred to the Committee on Ways and Means, and in addition to the Committees on the Budget, Appropriations, Oversight and Accountability, Education and the Workforce, Agriculture, Energy and Commerce, the Judiciary, Rules, Transportation and Infrastructure, and Natural Resources, 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.

  24. Referred to the Committee on Ways and Means, and in addition to the Committees on the Budget, Appropriations, Oversight and Accountability, Education and the Workforce, Agriculture, Energy and Commerce, the Judiciary, Rules, Transportation and Infrastructure, and Natural Resources, 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.

  25. Referred to the Committee on Ways and Means, and in addition to the Committees on the Budget, Appropriations, Oversight and Accountability, Education and the Workforce, Agriculture, Energy and Commerce, the Judiciary, Rules, Transportation and Infrastructure, and Natural Resources, 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.

  26. Referred to the Committee on Ways and Means, and in addition to the Committees on the Budget, Appropriations, Oversight and Accountability, Education and the Workforce, Agriculture, Energy and Commerce, the Judiciary, Rules, Transportation and Infrastructure, and Natural Resources, 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.

  27. Referred to the Committee on Ways and Means, and in addition to the Committees on the Budget, Appropriations, Oversight and Accountability, Education and the Workforce, Agriculture, Energy and Commerce, the Judiciary, Rules, Transportation and Infrastructure, and Natural Resources, 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.

  28. Referred to the Committee on Ways and Means, and in addition to the Committees on the Budget, Appropriations, Oversight and Accountability, Education and the Workforce, Agriculture, Energy and Commerce, the Judiciary, Rules, Transportation and Infrastructure, and Natural Resources, 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.

  29. Referred to the Committee on Ways and Means, and in addition to the Committees on the Budget, Appropriations, Oversight and Accountability, Education and the Workforce, Agriculture, Energy and Commerce, the Judiciary, Rules, Transportation and Infrastructure, and Natural Resources, 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.

  30. Referred to the Committee on Ways and Means, and in addition to the Committees on the Budget, Appropriations, Oversight and Accountability, Education and the Workforce, Agriculture, Energy and Commerce, the Judiciary, Rules, Transportation and Infrastructure, and Natural Resources, 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.

  31. Referred to the Committee on Ways and Means, and in addition to the Committees on the Budget, Appropriations, Oversight and Accountability, Education and the Workforce, Agriculture, Energy and Commerce, the Judiciary, Rules, Transportation and Infrastructure, and Natural Resources, 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.

  32. Referred to the Committee on Ways and Means, and in addition to the Committees on the Budget, Appropriations, Oversight and Accountability, Education and the Workforce, Agriculture, Energy and Commerce, the Judiciary, Rules, Transportation and Infrastructure, and Natural Resources, 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.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

taxation finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 2811 do?
To provide for a responsible increase to the debt ceiling, and for other purposes.
Who sponsors HR 2811?
HR 2811 is sponsored by Arrington, Jodey C. (Republican).
What is the current status of HR 2811?
This bill died with 118th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 2811?
Track HR 2811 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HR 2811

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HR 2811

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →