Introductory Statement on S. 4765

On 2026-06-11, Senator John Barrasso (R-WY) delivered a floor speech titled "Introductory Statement On S. 4765" in the Senate.

Introductory Statement on S. 4765

Congressional Record, Volume 172 Issue 99 (Thursday, June 11, 2026) [Congressional Record Volume 172, Number 99 (Thursday, June 11, 2026)] [Senate] [Pages S2759-S2766] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] By Mr. BARRASSO (for himself and Ms. Lummis): S. 4765. A bill to provide for certain energy development, permitting reforms, and for other purposes; to the Committee on Energy and Natural Resources. Mr. BARRASSO. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the text of the bill was ordered to be printed in the Record. as follows: S. 4765 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Let America Build Act of 2026''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--OIL AND GAS LEASING AND PERMITTING Subtitle A--Onshore and Offshore Oil and Gas Leasing Sec. 1101. Onshore oil and gas leasing. Sec. 1102. Offshore oil and gas leasing. Subtitle B--Permitting of Federal Oil and Gas Minerals Sec. 1201. Cooperative federalism in oil and gas permitting on available Federal land. Sec. 1202. Permitting compliance on non-Federal land. Sec. 1203. State and Tribal authority for hydraulic fracturing regulation. Subtitle C--Liquefied Natural Gas Exports Sec. 1301. Action on applications to export liquefied natural gas. Sec. 1302. Small scale LNG access. TITLE II--MINERAL LEASING AND PERMITTING Sec. 2001. Land use plan criteria under the Federal Land Policy and Management Act of 1976. Sec. 2002. Congressional approval of withdrawals under the Federal Land Policy and Management Act of 1976. Sec. 2003. Prohibition of the establishment of new categories of Federal land designations by the heads of Federal land management agencies. Sec. 2004. Coal leases on Federal land. Sec. 2005. Modification to definitions of critical material and critical mineral and critical mineral designation criteria. Sec. 2006. Permitting process improvements. TITLE III--FEDERAL ENERGY REGULATORY COMMISSION Sec. 3001. Federal authorizations under the Natural Gas Act. Sec. 3002. Federal authorizations under section 216 of the Federal Power Act. Sec. 3003. Promoting interagency coordination for review of natural gas projects. Sec. 3004. Tolling order reform for the Natural Gas Act. Sec. 3005. Tolling order reform for the Federal Power Act. Sec. 3006. De novo review of civil penalties under the Natural Gas Act. Sec. 3007. Judicial review. TITLE I--OIL AND GAS LEASING AND PERMITTING Subtitle A--Onshore and Offshore Oil and Gas Leasing SEC. 1101. ONSHORE OIL AND GAS LEASING. (a) Mineral Leasing Act Reforms.-- (1) Protested lease sales.--Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended by inserting after the seventh sentence the following: ``The Secretary of the Interior shall resolve any protest to a lease sale within 60 days following such payment. Notwithstanding any other provision of law, if the Secretary of the Interior denies a protest to a lease sale, any lease subject to the protest shall not be subject to further environmental review by the Secretary of the Interior pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''. (2) Effect of litigation.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(r) Effect of Litigation.-- ``(1) In general.--A civil action relating to an environmental review under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), division A of subtitle III of title 54, United States Code (formerly known as the `National Historic Preservation Act'), or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a lease sale conducted under this section shall not-- ``(A) affect the validity of a lease issued under the lease sale that is the subject of the civil action; or ``(B) except as provided in paragraph (3)(B), cause a delay in the timelines established under subsection (p)(2) for the consideration of an application for permit to drill with respect to a lease issued under the lease sale that is the subject of the civil action. ``(2) Remand; processing of applications for permit to drill.--If, in a civil action described in paragraph (1), the environmental review for a lease sale is found by the applicable court to violate the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)-- ``(A) notwithstanding chapter 5 or 7 of title 5, United States Code (commonly referred to as the `Administrative Procedure Act'), the applicable court shall not set aside the lease sale and vacate the leases issued pursuant to the sale but instead remand the matter to the Secretary of the Interior to resolve the violation; and ``(B) the Secretary of the Interior shall continue to process all applicable applications for permit to drill pursuant to subsection (p)(2). ``(3) Notice.-- ``(A) In general.--Not later than 60 days after the date on which a civil action described in paragraph (1) is filed, the Secretary of the Interior shall notify the holder of any lease issued under the lease sale that is the subject of the civil action of the filing of the civil action. ``(B) Timeline.--Not later than 90 days after the date of receipt of a notice under subparagraph (A), the leaseholder may file with the Secretary of the Interior a request to pause the timeline under subsection (e)(1) with respect to the term of the lease during any period in which the civil action is pending.''. (3) Lease cancellation.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) (as amended by paragraph (2)) is amended by adding at the end the following: ``(s) Lease Cancellation.--A lease issued under this section shall be considered to be valid and not subject to cancellation by the Secretary of the Interior for any reason, except for-- ``(1) the express written agreement to the cancellation by the lessee; or ``(2) a determination by the Secretary of the Interior that cancellation is appropriate in accordance with section 3108.30 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection), subject to the limitation that a lease may not be determined to be improperly issued under that section based on a finding by a Federal court that the environmental review for the lease sale pursuant to which the lease was issued was in violation of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), division A of subtitle III of title 54, United States Code (formerly known as the `National Historic Preservation Act'), or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''. (4) Limitations for filing oil and gas contests.--Section 42 of the Mineral Leasing Act (30 U.S.C. 226-2) is amended by striking the section designation and all that follows through the period at the end of the second sentence, and inserting the following: ``SEC. 42. LIMITATIONS FOR FILING OIL AND GAS CONTESTS. ``(a) In General.--Notwithstanding chapter 5 or 7 of title 5, United States Code (commonly referred to as the `Administrative Procedure Act'), no action contesting a decision of the Secretary involving any oil and gas lease sale, individual lease, or individual permit shall be maintained unless the action is commenced or taken by not later than 60 days after the date on which the final decision of the Secretary relating to the action was made. ``(b) Jurisdiction.--An action contesting a decision of the Secretary may only be commenced-- ``(1) for an individual lease or permit, in the district court of the United States for the district in which the property, or some part thereof, is located; and ``(2) for a lease sale, in a district court of the United States in the State in which the sale occurred. ``(c) Removal.--A defendant or defendant intervenor in an action challenging a lease sale, lease, or permit in multiple States may remove the action to the district court of the United States for the district in which the property is located pursuant to section 1441(c) of title 28, United States Code.''. SEC. 1102. OFFSHORE OIL AND GAS LEASING. (a) Lease or Permit Cancellation.-- (1) In general.--Section 5(a)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2)) is amended-- (A) in the matter preceding subparagraph (A), by striking ``any lease or permit--'' and all that follows through the end of subparagraph (B) and inserting the following: ``any lease or permit-- ``(A) that the lease or permit shall be considered to be valid and not subject to cancellation by the Secretary for any reason, except for-- ``(i) the express written agreement to the cancellation by the lessee or permittee; or [[Page S2760]] ``(ii) a determination by the Secretary that cancellation is appropriate (including cancellation under subsection (c), section 8(o), section 11(c)(1), and subsections (h)(2)(C) and (j) of section 25), in accordance with the regulations prescribed under this section, subject to the limitation that a lease or permit may not be cancelled by the Secretary based on a finding by a Federal court that the environmental review for the lease sale pursuant to which the lease was issued was in violation of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and''; and (B) by redesignating subparagraph (C) as subparagraph (B). (2) Conforming amendments.-- (A) Section 11(c)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1340(c)(1)) is amended-- (i) in the fourth sentence, by striking ``result in any condition described in section 5(a)(2)(A)(i) of this Act'' and inserting ``probably cause serious harm or damage to life (including fish and other aquatic life), to property, to any m

Referenced legislation: S4765