Sec. 20213. Amendments to the Energy Policy Act of 2005

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2005 Section 390 of the Energy Policy Act of 2005 ( 42 U.S.C. 15942 ) is amended to read as follows: 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 (c), shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969, 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.

This section shall not apply to an action of the Secretary of the Interior or the Secretary of Agriculture on Indian lands or resources managed in trust for the benefit of Indian Tribes. The activities referred to in subsection

(a)are as follows: Reinstating a lease pursuant to section 31 of the Mineral Leasing Act ( 30 U.S.C. 188 ). The following activities, provided that any new surface disturbance is contiguous with the footprint of the original authorization and does not exceed 20 acres or the acreage has previously been evaluated in a document previously prepared under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) with respect to such activity: Drilling an oil or gas well at a well pad site at which drilling has occurred previously. Expansion of an existing oil or gas well pad site to accommodate an additional well. Expansion or modification of an existing oil or gas well pad site, road, pipeline, facility, or utility submitted in a sundry notice. Drilling of an oil or gas well at a new well pad site, provided that the new surface disturbance does not exceed 20 acres and the acreage evaluated in a document previously prepared under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) with respect to such activity, whichever is greater. Construction or realignment of a road, pipeline, or utility within an existing right-of-way or within a right-of-way corridor established in a land use plan. The following activities when conducted from non-Federal surface into federally owned minerals, provided that the operator submits to the Secretary concerned certification of a surface use agreement with the non-Federal landowner: Drilling an oil or gas well at a well pad site at which drilling has occurred previously. Expansion of an existing oil or gas well pad site to accommodate an additional well. Expansion or modification of an existing oil or gas well pad site, road, pipeline, facility, or utility submitted in a sundry notice. Drilling of an oil or gas well from non-Federal surface and non-Federal subsurface into Federal mineral estate. Construction of up to 1 mile of new road on Federal or non-Federal surface, not to exceed 2 miles in total. Construction of up to 3 miles of individual pipelines or utilities, regardless of surface ownership. .

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Sec. 20213

Amendments to the Energy Policy Act of 2005

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