SPUR Act

Bill: 118-s-1456
Sponsor: full_name: Sen. Barrasso, John [R-WY]
Introduced: 2023-05-04
Policy area: Energy
Latest action: action_date: 2023-05-04
text: Read twice and referred to the Committee on Energy and Natural Resources.

Summaries:
action_date: 2023-05-04
action_desc: Introduced in Senate
text: <p><b>Spur Permitting of Underdeveloped Resources Act or the SPUR Act</b></p> <p>This bill (1) accelerates the environmental review of certain federal actions related to energy; (2) modifies various laws pertaining to energy and mineral development; (3) establishes requirements related to the supply and delivery of electricity and natural gas; and (4) makes requirements concerning other natural resources.</p> <p>Specifically, the bill sets forth provisions to expedite the environmental review of certain federal actions that involve energy and mineral development, energy supply, or natural resources, such as issuing permits to export liquefied natural gas.</p> <p>It also establishes requirements about leasing onshore and offshore federal land for oil and gas development, including by directing the Department of the Interior to immediately resume onshore quarterly lease sales. By September 30, 2023, Interior must also approve a final 2023-2028 offshore leasing program.</p> <p>The bill also sets forth provisions to prevent or remove certain limitations on mining federal land and make related requirements.</p> <p>In addition, the bill directs the Federal Energy Regulatory Commission (FERC) to adopt tariff provisions, rate treatments, and other changes that are necessary to protect the adequacy, affordability, reliability, and security of the supply and delivery of electricity and natural gas by interstate pipelines. The bill also modifies FERC's responsibilities under a variety of laws.</p> <p>Finally, the bill modifies other laws governing natural resources, such as by extending the renewal term for grazing permits and directing the Bureau of Land Management to withdraw a proposed rule titled <i>Conservation and Landscape Health</i>.</p>

tv_txt: II 118th CONGRESS 1st Session S. 1456 IN THE SENATE OF THE UNITED STATES May 4, 2023 Mr. Barrasso (for himself, Mrs. Capito , Mr. Risch , Mr. Lee , Mr. Daines , Ms. Murkowski , Mr. Hoeven , Mr. Cassidy , Mrs. Hyde-Smith , and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for certain energy development, permitting reforms, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Spur Permitting of Underdeveloped Resources Act or the SPUR Act . (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. Sec. 1103. Prohibition on delays. Subtitle B—Permitting of Federal oil and gas minerals Sec. 1201. Term of application for permit to drill. Sec. 1202. Cooperative federalism in oil and gas permitting on available Federal land. Sec. 1203. Split estate permitting compliance. Sec. 1204. Fee-fee-fed permitting compliance. Sec. 1205. 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 certain moratoria. Sec. 2004. Prohibition of the establishment of new categories of Federal land designations by the heads of Federal land management agencies. Sec. 2005. Coal leases on Federal land. Sec. 2006. Modification to definitions of critical material and critical mineral and critical mineral designation criteria. Sec. 2007. Permitting process improvements. TITLE III—Federal Energy Regulatory Commission Sec. 3001. Tariff reforms, rate treatments, and rulemaking to ensure the reliability and security of electric service and interstate natural gas service. Sec. 3002. Federal authorizations under the Natural Gas Act. Sec. 3003. Federal authorizations under section 216 of the Federal Power Act. Sec. 3004. Promoting interagency coordination for review of natural gas projects. Sec. 3005. Coordination process to protect electric reliability. Sec. 3006. Addressing inaction by Commission on certain electric rate filings. Sec. 3007. Tolling order reform for the Natural Gas Act. Sec. 3008. Tolling order reform for the Federal Power Act. Sec. 3009. De novo review of civil penalties under the Natural Gas Act. Sec. 3010. Extension of time to commence construction of certain hydropower projects. Sec. 3011. Judicial review. Sec. 3012. Approval for border-crossing facilities. TITLE IV—Other Natural Resources Sec. 4001. Root and stem projects. Sec. 4002. Consultation under certain land and resource management plans and land use plans. Sec. 4003. Renewal term of grazing permits or leases. Sec. 4004. Renewal of grazing permits and leases and certain actions during extreme natural events and disasters. Sec. 4005. Withdrawal of BLM proposed rule. I Oil and gas leasing and permitting A Onshore and offshore oil and gas leasing 1101. Onshore oil and gas leasing (a) Definitions In this section: (1) Onshore oil and gas lease sale The term onshore oil and gas lease sale means an oil and gas lease sale conducted under section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ). (2) Secretary The term Secretary means the Secretary of the Interior. (b) Onshore oil and gas lease sales (1) Congressional declaration of policy Consistent with the policy described in section 102(a)(12) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701(a)(12) ) that the Bureau of Land Management manage public land in a manner which recognizes the Nation’s need for domestic sources of minerals from public land, Congress declares that it is the policy of the United States that it is in the national interest for the Department of the Interior to move forward expeditiously to immediately resume quarterly onshore oil and gas lease sales. (2) Requirement to immediately resume onshore oil and gas lease sales The Secretary shall immediately resume quarterly onshore oil and gas lease sales in accordance with section 17(b)(1)(A) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1)(A) ). (3) Statutory lease terms During the 5-year period beginning on the date of enactment of this Act, in order to promote increased production on Federal land, the Secretary may, on a determination that it is in the national interest, reduce the applicable royalty rate on individual leases issued under an onshore oil and gas lease sale to not less than 12.5 percent. (4) Approved resource management plan requirement In conducting a quarterly onshore oil and gas lease sale in a State described in section 17(b)(1)(A) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1)(A) ), the Secretary— (A) shall offer not less than 25 percent of available parcels nominated for oil and gas development under the applicable resource management plan in effect for relevant Bureau of Land Management resource management areas within the applicable State; and (B) shall not restrict the parcels offered to 1 Bureau of Land Management field office within the applicable State unless all nominated parcels are located within the same Bureau of Land Management field office. (5) Replacement sales If, for any reason, an onshore oil and gas lease sale for a calendar year is canceled, delayed, or deferred or is paused due to section 208 of Executive Order 14008 ( 42 U.S.C. 4321 note; relating to tackling the climate crisis at home and abroad), the Secretary shall conduct a replacement sale by not later than 180 days after the date of the cancellation, delay, deferral, or pause, as applicable. (c) Mineral Leasing Act reforms (1) Expressions of interest for oil and gas leasing (A) In general Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) is amended by striking the section designation and all that follows through the end of subsection (a) and inserting the following: 17. Leasing of oil and gas parcels (a) Leasing authorized (1) In general Any parcel of land subject to disposition under this Act that is known or believed to contain oil or gas deposits shall be made available for leasing, subject to paragraphs (2) and (3), by the Secretary of the Interior, or for National Forest System land, the Secretary of Agriculture, as applicable (referred to in this subsection as the Secretary concerned ), not later than 18 months after the date of receipt by the Secretary concerned of an expression of interest in leasing the applicable parcel of land available for disposition under this section, in accordance with procedures established under subsection (q) and for which the applicable fee was paid under that subsection, if the Secretary concerned 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 concerned (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 concerned 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 fact that the approved resource management plan is being amended shall not prevent or delay the Secretary concerned from making the applicable parcel of land available for leasing if the other requirements of this section have been met, as determined by the Secretary concerned. (C) Effect of leasing decision A lease sale conducted under the terms of an approved resource management plan shall not be considered to be an action that limits the choice of reasonable alternatives for an environmental review conducted pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for the purpose of amending that resource management plan. . (B) Refund of expression of interest fee Section 17(q) of the Mineral Leasing Act ( 30 U.S.C. 226(q) ) is amended— (i) by striking Secretary each place it appears and inserting Secretary of the Interior ; (ii) in paragraph (1), by striking nonrefundable ; and (iii) by adding at the end the following: (3) Refund for nonwinning bid If a person other than the person who submitted the expression of interest is the highest responsible qualified bidder for a parcel of land covered by the applicable expression of interest in a lease sale conducted under this section— (A) as a condition of the issuance of the lease, the person who is the highest responsible qualified bidder shall pay to the Secretary of the Interior an amount equal to the applicable fee paid by the person who submitted the expression of interest; and (B) not later than 10 days after the date of the lease sale, the Secretary of the Interior shall refund to the person who submitted the expression of interest an amount equal to the amount of the initial fee paid. . (2) 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. ). . (3) 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. . (4) Lease cancellation Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) (as amended by paragraph (3)) 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 3108.3 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. ). . (5) 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: 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. . 1102. Offshore oil and gas leasing (a) 2023–2028 outer continental shelf oil and gas leasing program (1) In general Notwithstanding any other provision of law, not later than September 30, 2023, the Secretary of the Interior (referred to in this section as the Secretary ) shall approve a final 2023–2028 oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ). (2) Waiver In order to meet the deadline described in paragraph (1), the Secretary may— (A) limit any comment periods required under subsections (c) and (d) of section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ); and (B) waive any other requirements under that section that would delay final approval of the oil and gas leasing program described in paragraph (1). (3) Requirements The oil and gas leasing program described in paragraph (1) shall include the following: (A) A minimum of 2 Gulf of Mexico region-wide lease sales each year in the following planning areas of the Gulf of Mexico region, as described in the final program decision document entitled 2017–2020 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016) : (i) The Central Gulf of Mexico Planning Area. (ii) The Western Gulf of Mexico Planning Area. (B) At least 1 region-wide lease sale in the Alaska regions of the outer Continental Shelf, as described in the final program decision document entitled 2017–2020 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016) . (4) Statutory lease terms During the 5-year period beginning on the date of enactment of this Act, in order to promote increased production on the outer Continental Shelf, the Secretary may, on a determination that it is in the national interest, reduce the applicable royalty rate on individual oil and gas leases issued under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) to not less than 12.5 percent. (b) Subsequent offshore leasing programs Section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) is amended— (1) in subsection (a), in the first sentence of the matter preceding paragraph (1), by striking subsections (c) and (d) of this section and inserting subsections (c) through (f) ; (2) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; (3) by inserting after subsection (e) the following: (f) Subsequent leasing programs (1) In general Not later than 36 months after conducting the first lease sale under an oil and gas leasing program prepared pursuant to this section, the Secretary shall begin preparing the subsequent oil and gas leasing program under this section. (2) Requirement Each subsequent oil and gas leasing program under this section— (A) shall be approved not later than 180 days before the expiration of the previous oil and gas leasing program; and (B) shall contain a minimum of 5 lease sales. ; and (4) by conforming the margin of subsection (j) (as so redesignated) to the margin of subsection (i) (as so redesignated). (c) 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 (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 mineral (in areas leased or not leased), to the national security or defense, or to the marine, coastal, or human environment ; and (ii) in the fifth sentence— (I) by striking , subject to section 5(a)(2)(B) of this Act, ; and (II) by striking section 5(a)(2)(C) (i) or (ii) of this Act and inserting section 5(a)(2)(B) . (B) Section 25(h)(2)(C) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1351(h)(2)(C) ) is amended, in the first sentence, by striking section 5(a)(2)(C) of this Act and inserting section 5(a)(2)(B) . (d) Effect of litigation Section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 ) is amended by adding at the end the following: (q) Effect of litigation (1) In general A civil action relating to an environmental review under 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 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 Procedures 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 shall continue to process all applicable applications for permit to drill in accordance with this Act. (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 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 a request to pause the timeline with respect to the term of the lease during any period in which the civil action is pending. . 1103. Prohibition on delays (a) In general The President shall not, through Executive order or any other administrative procedure, pause, cancel, delay, defer, or otherwise impede or circumvent the Federal energy mineral leasing processes under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) or a related rulemaking process required by subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ), without congressional approval. (b) Rebuttable presumption There shall be a rebuttable presumption that any attempt by the President to pause, cancel, delay, defer, or otherwise impede or circumvent any Federal energy mineral leasing or permitting process under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) or a related rulemaking process required by subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ), without congressional approval, is a violation of the applicable law. B Permitting of Federal oil and gas minerals 1201. Term of application for permit to drill Section 17(p) of the Mineral Leasing Act ( 30 U.S.C. 226(p) ) is amended by adding at the end the following: (4) Term An application for permit to drill approved under this subsection shall be valid for the 4-year period beginning on the date of the approval. . 1202. Cooperative federalism in oil and gas permitting on available Federal land (a) In general The Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) is amended— (1) by redesignating section 44 as section 46; and (2) by inserting after section 43 the following: 44. Cooperative federalism in oil and gas permitting on available Federal land (a) Definitions In this section: (1) APD The term APD means a permit— (A) that grants authority to drill for oil and gas; and (B) for which an application has been received that includes— (i) a drilling plan; and (ii) evidence of bond coverage. (2) Available Federal land The term available Federal land means any Federal land that— (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian Tribe or a member of a federally recognized Indian Tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System, other than a unit of the National Wildlife Refuge System for which oil and gas drilling is allowed under law; (E) is not a congressionally approved wilderness area under the Wilderness Act ( 16 U.S.C. 1131 et seq. ); and (F) has been identified as land available for lease, or has been leased, for the exploration, development, and production of oil and gas— (i) by the Bureau of Land Management under— (I) a resource management plan under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); or (II) an integrated activity plan with respect to the National Petroleum Reserve-Alaska; or (ii) by the Forest Service under a National Forest management plan under the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ). (3) Drilling plan The term drilling plan means a plan described in section 3162.3–1(e) of title 43, Code of Federal Regulations (or a successor regulation). (4) Secretary The term Secretary means the Secretary of the Interior. (5) State applicant The term State applicant means a State that submits an application under subsection (c). (6) State program The term State program means a program in a State under which the State may— (A) issue APDs, approve drilling plans, approve sundry notices, approve suspensions of operations or production, or grant rights-of-way on available Federal land; and (B) impose sanctions for violations of State laws, regulations, or any condition of an issued APD or approved drilling plan, as applicable. (7) Sundry notice The term sundry notice means a written request submitted pursuant to section 3173.10 of title 43, Code of Federal Regulations (or successor regulations). (8) Suspension of operations or production The term suspension of operations or production means a suspension of operations or production described in section 17 or section 39. (b) Authorizations (1) In general On receipt of an application under subsection (c), the Secretary may delegate to a State exclusive authority— (A) to issue an APD on available Federal land; (B) to approve drilling plans on available Federal land; (C) to approve sundry notices relating to work performed on available Federal land; (D) to approve suspensions of operations or production; and (E) to grant rights-of-way in accordance with paragraph (3). (2) Inspection and enforcement On request of a State for which authority is delegated under paragraph (1), the authority delegated may include the authority to inspect and enforce an APD, drilling plan, or right-of-way, as applicable. (3) Rights-of-way The authority to grant a right-of-way delegated to a State under paragraph (1)(E) shall be the authority of the Secretary or the Secretary of Agriculture, as applicable, under section 501 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1761 ) and section 28 of this Act, to grant, issue, or renew rights-of-way over, upon, under, or through available Federal land. (4) Effect of Federal environmental reviews A State for which authority is delegated under paragraph (1) shall continue processing applications for an APD, applications for approval of a drilling plan, applications for approval of a sundry notice, and applications to grant a right-of-way, regardless of whether the Federal Government is carrying out any review related to the APD, drilling plan, sundry notice, or right-of-way under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (5) Effect of state enforcement action If a State for which authority is delegated under paragraph (1) imposes a sanction for violating a condition of an issued APD or approved drilling plan, the Secretary may not issue a penalty for the same violation under section 109 of the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1719 ). (c) State application process (1) Submission of application A State seeking a delegation of authority under subparagraph (A), (B), (C), (D), or (E) of subsection (b)(1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the State program that the State proposes to administer under State law. (2) Deadline for approval or disapproval Not later than 180 days after the date on which an application under paragraph (1) is received, the Secretary shall approve or disapprove the application. (3) Requirements for approval (A) In general The Secretary may approve an application received under paragraph (1) only if the Secretary determines that— (i) the State applicant would be at least as effective as the Secretary in issuing APDs, approving drilling plans, approving sundry notices, approving suspensions of operations or production, or granting rights-of-way, as applicable; (ii) the State program of the State applicant— (I) complies with this Act; and (II) provides for the termination or modification of an issued APD, approved drilling plan, approved sundry notice, approved suspension of operations or production, or granted right-of-way, as applicable, for cause, including for— (aa) the violation of any condition of the issued APD, approved drilling plan, approved sundry notice, approved suspension of operations or production, or granted right-of-way; (bb) obtaining the issued APD, approved drilling plan, approved sundry notice, approved suspension of operations or production, or granted right-of-way by misrepresentation; or (cc) failure to fully disclose in the application all relevant facts; (iii) the State applicant has sufficient administrative and technical personnel and sufficient funding to carry out the State program; and (iv) approval of the application would not result in decreased royalty payments owed to the United States under subsection (a) of section 35. (B) Memoranda of understanding With respect to a State applicant seeking authority under subsection (b)(2) to inspect and enforce APDs, drilling plans, or rights-of-way, as applicable, before approving the application of the State applicant, the Secretary shall enter into a memorandum of understanding with the State applicant under paragraph (6) that describes the Federal and State responsibilities with respect to the inspection and enforcement. (C) Public notice Before approving an application received under paragraph (1), the Secretary shall— (i) provide public notice of the application; (ii) solicit public comment for the application; and (iii) hold a public hearing for the application in the State. (4) Disapproval If the Secretary disapproves an application submitted under paragraph (1), the Secretary shall provide to the State applicant written notification of— (A) the reasons for the disapproval, including any information, data, or analysis on which the disapproval is based; and (B) any revisions or modifications necessary to obtain approval. (5) Resubmittal of application A State may resubmit an application under paragraph (1) at any time. (6) State memoranda of understanding Before a State submits an application under paragraph (1), the Secretary, on request of the State, may enter into a memorandum of understanding with the State regarding the proposed State program— (A) to describe the Federal and State responsibilities for oil and gas regulations; (B) to provide technical assistance; and (C) to share best management practices. (d) Administrative fees for APDs (1) In general A State for which authority has been delegated under subsection (b)(1)(A) may collect a fee for each application for an APD that is submitted to the State. (2) No collection of fee by Secretary The Secretary may not collect a fee from the applicant or from the State for an application for an APD that is submitted to a State for which authority has been delegated under subsection (b)(1)(A). (3) Use A State shall use 100 percent of the fees collected under this subsection for the administration of the approved State program of the State. (e) Voluntary termination of authority (1) In general After providing written notice to the Secretary, a State may voluntarily terminate any authority delegated to the State under subsection (b)(1) on expiration of the 60-day period beginning on the date on which the Secretary receives the written notice. (2) Resumption by Secretary On termination of the authority delegated to a State under paragraph (1), the Secretary shall resume any activities for which authority was delegated to the State under subsection (b)(1). (f) Appeal of denial of application If a State for which the Secretary has delegated authority under subsection (b)(1) denies an application submitted under subsection (c)(1), the applicant may appeal the decision to the Office of Hearings and Appeals of the Department of the Interior. (g) Federal administration of State program (1) Notification If the Secretary has reason to believe that a State is not administering or enforcing an approved State program, the Secretary shall notify the relevant State regulatory authority of any possible deficiencies. (2) State response Not later than 30 days after the date on which a State receives notification of a possible deficiency under paragraph (1), the State shall— (A) take appropriate action to correct the possible deficiency; and (B) notify the Secretary of the action in writing. (3) Determination (A) In general On expiration of the 30-day period described in paragraph (2), the Secretary shall issue public notice of any determination of the Secretary that— (i) a violation of all or any part of an approved State program has resulted from a failure of the State to administer or enforce the approved State program of the State; or (ii) the State has not demonstrated the capability and intent of the State to administer or enforce the State program of the State. (B) Appeal A State may appeal the determination of the Secretary under subparagraph (A) in the applicable United States District Court. (C) Resumption by Secretary pending appeal The Secretary may not resume activities under paragraph (4) if an appeal under subparagraph (B) is pending. (4) Resumption by Secretary Except as provided in paragraph (3)(C), if the Secretary has made a determination under paragraph (3)(A), the Secretary shall resume any activities for which authority was delegated to the State during the period— (A) beginning on the date on which the Secretary issues the public notice under paragraph (3)(A); and (B) ending on the date on which the Secretary determines that the State may administer or enforce, as applicable, the approved State program of the State. (5) Standing A State with an approved regulatory program shall have standing to sue the Secretary for any action taken under this subsection. . (b) Existing authorities Section 390(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 15942(a) ) is amended— (1) by striking Action by the Secretary and inserting The Secretary ; (2) by striking with respect to any of the activities described in subsection (b) shall be subject to a rebuttable presumption that the use of and inserting shall apply ; and (3) by striking would apply if the activity and inserting for each action described in subsection (b) if the action . 1203. Split estate permitting compliance (a) In general Notwithstanding the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ), the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1701 et seq. ), or subpart 3162 of title 43, Code of Federal Regulations (or successor regulations), but subject to any State or Tribal requirements and subsection (c), the Secretary of the Interior shall not require a permit to drill for an oil and gas lease under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) for an action occurring within an oil and gas drilling or spacing unit if— (1) less than 50 percent of the minerals within the oil and gas drilling or spacing unit are minerals owned by the Federal Government; and (2) the Federal Government does not own or lease the surface estate within the area directly impacted by the action. (b) Notification For each State permit to drill or drilling plan that would impact or extract oil and gas owned by the Federal Government— (1) each lessee, or designee of a lessee, shall— (A) notify the Secretary of the Interior of the submission of a State application for a permit to drill or drilling plan on submission of the application; and (B) provide a copy of the application described in subparagraph (A) to the Secretary of the Interior not later than 5 days after the date on which the permit or plan is submitted; and (2) each lessee, designee of a lessee, or applicable State shall notify the Secretary of the Interior of the approved State permit to drill or drilling plan not later than 45 days after the date on which the permit or plan is approved. (c) Nonapplicability to Indian lands Subsection (a) shall not apply to Indian lands (as defined in section 3 of the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1702 )). (d) Effect Nothing in this section affects— (1) other authorities of the Secretary of the Interior under the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1701 et seq. ); or (2) the amount of royalties due to the Federal Government from the production of the Federal minerals within the oil and gas drilling or spacing unit. 1204. Fee-fee-fed permitting compliance (a) In general Notwithstanding the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ), the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1701 et seq. ), or subpart 3162 of title 43, Code of Federal Regulations (or successor regulations), the Secretary of the Interior shall issue a categorical exclusion pursuant to section 390 of the Energy Policy Act of 2005 ( 42 U.S.C. 15942 ) for an application for permit to drill into and produce Federal minerals from a well pad constructed on entirely non-Federal lands. (b) Application for permit To drill Section 17(g) of the Mineral Leasing Act ( 30 U.S.C. 226(g) ) is amended by adding at the end the following: For an application for a permit to drill into and produce Federal minerals from a well pad constructed on entirely non-Federal lands, the Secretary shall limit review pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ), and section 306108 of title 54, United States Code, only to the approval of the permit. The Secretary shall have no authority to require a bond to protect non-Federal lands, to enter non-Federal lands without the consent of the applicable landowner, or to require mitigation of surface disturbances on non-Federal lands. . 1205. State and Tribal authority for hydraulic fracturing regulation The Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) is amended by inserting after section 44 (as added by section 1202(a)(2)) the following: 45. State and Tribal authority for hydraulic fracturing regulation (a) Definitions In this section: (1) Hydraulic fracturing The term hydraulic fracturing means the process of creating small cracks or fractures in underground geological formations for well stimulation purposes of bringing hydrocarbons into the wellbore and to the surface for capture. (2) Secretary The term Secretary means the Secretary of the Interior. (b) Enforcement of Federal regulations The Secretary shall not enforce any Federal regulation, guidance, or permit requirement regarding hydraulic fracturing relating to oil, gas, or geothermal production activities on or under any land in any State that has regulations, guidance, or permit requirements for that activity. (c) State authority The Secretary shall defer to State regulations, guidance, and permit requirements for all activities regarding hydraulic fracturing relating to oil, gas, or geothermal production activities on Federal land. (d) Transparency of State regulations (1) In general Each State shall submit to the Bureau of Land Management a copy of the regulations of the State that apply to hydraulic fracturing operations on Federal land, including the regulations that require disclosure of chemicals used in hydraulic fracturing operations. (2) Availability The Secretary shall make available to the public on the website of the Secretary the regulations submitted under paragraph (1). (e) Tribal authority on trust land The Secretary shall not enforce any Federal regulation, guidance, or permit requirement with respect to hydraulic fracturing on any land held in trust or restricted status for the benefit of a federally recognized Indian Tribe or a member of a federally recognized Indian Tribe, except with the express consent of the beneficiary on whose behalf the land is held in trust or restricted status. . C Liquefied natural gas exports 1301. Action on applications to export liquefied natural gas (a) Definitions In this section: (1) Covered application The term covered application means an application submitted with respect to a covered facility for an authorization to export natural gas under section 3(a) of the Natural Gas Act ( 15 U.S.C. 717b(a) ). (2) Covered facility The term covered facility means a liquefied natural gas export facility for which a proposal to site, construct, expand, or operate is required to be approved by— (A) the Secretary; and (B) (i) the Federal Energy Regulatory Commission; or (ii) the Maritime Administration. (3) Secretary The term Secretary means the Secretary of Energy. (b) Decision deadline The Secretary shall issue a final decision on a covered application not later than 45 days after the later of— (1) the date on which each review required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the siting, construction, expansion, or operation of the covered facility that is the subject of the covered application is concluded in accordance with subsection (c); and (2) the date of enactment of this Act. (c) Conclusion of review For purposes of subsection (b), a review required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall be concluded on the date on which the lead agency, as applicable— (1) publishes a notice of availability of the final environmental impact statement, for a covered facility requiring an environmental impact statement; (2) publishes a notice of availability of the environmental assessment and associated finding of no significant impact, for a covered facility for which an environmental assessment has been prepared; or (3) determines that the covered application is eligible for a categorical exclusion pursuant to the implementing regulations of that Act. (d) Untimely final decision (1) In general If the Secretary fails to issue a final decision under subsection (b) by the applicable date required under that subsection, the covered application shall be considered approved, and the environmental review issued by the lead agency under subsection (c) shall be considered sufficient to satisfy all requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Final agency action A determination under paragraph (1) shall be considered to be a final agency action. (e) Judicial review (1) In general Except for review in the Supreme Court of the United States, the court of appeals of the United States for the circuit in which a covered facility is, or will be, located pursuant to a covered application shall have original and exclusive jurisdiction over any civil action for the review of an order issued by the Secretary with respect to the covered application. (2) Expedited review The applicable United States Court of Appeals shall— (A) set any civil action brought under this subsection for expedited review; and (B) set the action on the docket as soon as practicable after the filing date of the initial pleading. (3) Transfer of existing actions In the case of a covered application for which a petition for review has been filed as of the date of enactment of this Act, the petition shall be— (A) on a motion by the applicant, transferred to the court of appeals of the United States in which the covered facility that is the subject of the covered application is, or will be, located; and (B) adjudicated in accordance with this subsection. 1302. Small scale LNG access Section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended by striking subsection (c) and inserting the following: (c) Expedited application and approval process (1) In general For purposes of subsection (a), the following actions shall be deemed to be consistent with the public interest, and applications for each of the following actions shall be granted without modification or delay: (A) The importation of natural gas referred to in subsection (b). (B) The exportation of natural gas in a volume of not more than 51,750,000,000 cubic feet per year, subject to the last sentence of subsection (a). (C) 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. (2) Exclusion Subparagraphs (B) and (C) of paragraph (1) shall not apply to any nation subject to sanctions imposed by the United States. . II Mineral leasing and permitting 2001. Land use plan criteria under the Federal Land Policy and Management Act of 1976 Section 202(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712(c) ) is amended— (1) in paragraph (8), by striking and at the end; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following: (9) (A) review a mineral resource assessment applicable to the public lands covered by the land use plan that was completed during the 10-year period ending on the effective date of the land use plan; and (B) in consultation with the Secretary of Energy and the Secretary of Defense, determine the significance of the minerals located within the public lands to energy security, national security, and economic security, in accordance with subparagraph (A); and . 2002. Congressional approval of withdrawals under the Federal Land Policy and Management Act of 1976 Section 204(c)(1) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1714(c)(1) ) is amended in the second sentence by striking no later than its effective date and all that follows through approve the withdrawal and inserting not later than 90 days before the effective date of the withdrawal and the withdrawal shall terminate and become ineffective if Congress has not enacted a joint resolution approving the withdrawal prior to the effective date of the withdrawal. . 2003. Prohibition of certain moratoria (a) Definitions In this section: (1) Mineral The term mineral means any mineral subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872 ) ( 30 U.S.C. 22 et seq. ) and any mineral located on lands acquired by the United States (as defined in section 2 of the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 )). (2) Secretary The term Secretary means the Secretary of the Interior. (b) Prohibition of certain moratoria The Secretary may not declare a moratorium on issuing leases, claims, or permits on Federal land, including land on the outer Continental Shelf, for the mining of minerals or related activities. (c) Prohibition on rescission of certain leases, permits, or claims The President or the Secretary or the Secretary of Agriculture, as applicable, may not rescind any lease, permit, or claim for the mining and extraction of any mineral on National Forest System land or Bureau of Land Management land unless— (1) specifically authorized by an Act of Congress; or (2) the lessee, permittee, or claimant fails to comply with a provision of the applicable lease, permit, or claim. 2004. Prohibition of the establishment of new categories of Federal land designations by the heads of Federal land management agencies The head of a Federal land management agency may not establish a new category of Federal land designations that is not otherwise expressly authorized by Federal statute. 2005. Coal leases on Federal land (a) Environmental requirements for new coal leases The environmental assessment prepared by the Bureau of Land Management entitled Lifting the Pause on the Issuance of New Federal Coal Leases for Thermal (Steam) Coal (DOI–BLM–WO–WO2100–2019–0001–EA) is deemed to satisfy the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for purposes of the issuance of new coal leases on Federal land. (b) Offering of leases; acceptance of bids Section 2(a)(1) of the Mineral Leasing Act ( 30 U.S.C. 201(a)(1) ) is amended— (1) in the first sentence— (A) by striking he finds and inserting the Secretary of the Interior finds ; and (B) by striking he shall, in his discretion, upon the request of any qualified applicant or on his own motion, from time to time, offer and inserting the Secretary of the Interior, not later than 90 days after the date of receipt of the request of any qualified applicant, or on the motion of the Secretary of the Interior not fewer than 4 times each calendar year, shall offer ; and (2) in the fifth sentence, by striking No bid shall be accepted which is less than the fair market value, as determined by the Secretary, and inserting No bid shall be accepted that is less than the fair market value, as determined by the Secretary of the Interior by the date that is 45 days after the date of receipt of the bid, . 2006. Modification to definitions of critical material and critical mineral and critical mineral designation criteria (a) Definitions of critical material and critical mineral (1) Definition of critical material Section 7002(a)(2)(A) of the Energy Act of 2020 ( 30 U.S.C. 1606(a)(2)(A) ) is amended, in the matter preceding clause (i), by striking “non-fuel’’. (2) Definition of critical mineral Section 7002(a)(3)(B)(i) of the Energy Act of 2020 ( 30 U.S.C. 1606(a)(3)(B)(i) ) is amended by striking fuel minerals and inserting oil, oil shale, coal, or natural gas . (b) Modification to critical mineral designation criteria Section 7002(c)(4)(A)(ii) of the Energy Act of 2020 ( 30 U.S.C. 1606(c)(4)(A)(ii) ) is amended by inserting significant projected domestic production decline, after abrupt demand growth, . 2007. Permitting process improvements (a) Definitions In this section: (1) Byproduct The term byproduct has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (2) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) Mineral The term mineral means any mineral subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872 ) ( 30 U.S.C. 22 et seq. ), and minerals located on lands acquired by the United States (as defined in section 2 of the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 )). (4) Secretary Except as otherwise provided, the term Secretary means the Secretary of the Interior. (5) 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. (b) Minerals supply chain and reliability Section 40206 of the Infrastructure Investment and Jobs Act ( 30 U.S.C. 1607 ) is amended— (1) in the section heading, by striking Critical minerals and inserting Minerals ; (2) by striking subsection (a) and inserting the following: (a) Definitions In this section: (1) Lead agency The term lead agency means the Federal agency with primary responsibility for issuing a mineral exploration or mine permit or lease for a mineral project. (2) Mineral The term mineral has the meaning given the term in section 2007(a) of the Spur Permitting of Underdeveloped Resources Act . (3) Mineral exploration or mine permit The term mineral exploration or mine permit means— (A) an authorization of the Bureau of Land Management or the Forest Service, as applicable, for exploration for minerals that requires analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) a plan of operations for a mineral project approved by the Bureau of Land Management or the Forest Service; or (C) any other Federal permit or authorization for a mineral project. (4) Mineral project The term mineral project means a project that— (A) is located on— (i) a mining claim, millsite claim, or tunnel site claim for any mineral; (ii) lands open to mineral entry; or (iii) a Federal mineral lease; and (B) is for the purposes of exploring for or producing minerals. ; (3) in subsection (b), by striking critical each place it appears; (4) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by striking critical mineral production on Federal land and inserting mineral projects ; and (ii) by striking practicable, shall complete the and inserting practicable, and in accordance with subsection (h), shall complete those ; (B) in paragraph (1), by striking critical mineral-related activities on Federal land and inserting mineral projects ; (C) in paragraph (8), by striking and at the end; (D) in paragraph (9), by striking the period at the end and inserting ; and ; and (E) by adding at the end the following: (10) deferring to and relying on baseline data, analyses, and reviews performed by State agencies with jurisdiction over the environmental or reclamation permits for the proposed mineral project. ; (5) in subsection (d)— (A) by striking critical each place it appears; and (B) in paragraph (3), in the matter preceding subparagraph (A), by striking mineral-related activities on Federal land and inserting mineral projects ; (6) in subsection (e), by striking critical ; (7) in subsection (f), by striking critical each place it appears; (8) in subsection (g), by striking critical ; and (9) by adding at the end the following: (h) Other requirements (1) Memorandum of agreement To maximize efficiency and effectiveness of the Federal permitting and review processes described in subsection (c), the lead agency in the Federal permitting and review processes of a mineral project shall enter into a memorandum of agreement with a project applicant on request by the applicant to carry out the activities described in subsection (c). (2) Consultation A lead agency described in paragraph (1) shall carry out that paragraph in consultation with— (A) any other Federal agency involved in the applicable Federal permitting and review processes; and (B) on request of the project applicant, an affected State government, local government, Indian Tribe, or other entity that the lead agency determines appropriate. (3) Timelines and schedules (A) Deadlines Any timelines or schedules established under subsection (c)(1) relating to a review under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) shall require that the review process not exceed— (i) 1 year for an environmental assessment; and (ii) 2 years for an environmental impact statement. (B) Extension A project applicant may enter into one or more agreements with a lead agency to extend 1 or more of the deadlines described in subparagraph (A) by not more than 6 months. (C) Adjustment of timelines At the request of a project applicant, the lead agency and any other entity that is a signatory to a memorandum of agreement under paragraph (1) may, by unanimous agreement, adjust— (i) any deadlines described in subparagraph (A); and (ii) any deadlines extended under subparagraph (B). (D) Deadline for issuance of authorizations For a proposed agency action with a timeline or schedule established under subsection (c)(1) and a review process established in accordance with subparagraph (A), the record of decision prepared for the proposed agency action and all authorizations required under any other Federal law with respect to the proposed agency action shall be issued not later than 90 days after the date on which the applicable environmental impact statement or environmental assessment is published in the Federal Register. (4) Document prepared by project applicant The lead agency with respect to a mineral project may adopt an environmental impact statement or environmental assessment prepared by or for a project applicant with respect to the mineral project if that document fulfills the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (5) Effect on pending applications On a written request by a project applicant, the requirements of this subsection shall apply to any application for a mineral exploration or mine permit or mineral lease that was submitted before the date of enactment of the Spur Permitting of Underdeveloped Resources Act . . (c) Federal register process improvement Section 7002(f) of the Energy Act of 2020 ( 30 U.S.C. 1606(f) ) is amended— (1) in paragraph (2), by striking critical in each place it appears; and (2) by striking paragraph (4). (d) Designation of mining as a covered sector for Federal permitting improvement purposes Section 41001(6)(A) of the FAST Act ( 42 U.S.C. 4370m(6)(A) ) is amended in the matter preceding clause (i) by inserting minerals production, before or any other sector . (e) Mineral exploration activities with limited surface disturbance (1) Definition of Secretary concerned In this subsection, the term Secretary concerned means— (A) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; or (B) the Secretary of Agriculture, with respect to land of the National Forest System. (2) Notice An operator may submit to the Secretary concerned notice requesting to carry out mineral exploration activities other than casual use, which shall include a description of the mineral exploration activities and subsequent reclamation activities intended to be carried out. (3) Approval Notwithstanding any other provision of law, not later than 15 calendar days after receiving a notice under paragraph (2), the Secretary concerned shall allow the activities described in the notice to proceed if— (A) the surface disturbance on Federal land will not exceed 5 acres; (B) the Secretary concerned determines that the notice is complete; and (C) financial assurance is provided. (f) Use of mining claims for ancillary activities Section 10101 of the Omnibus Budget Reconciliation Act of 1993 ( 30 U.S.C. 28f ) is amended by adding at the end the following: (e) Security of tenure (1) Claimant rights (A) Definition of Operations In this paragraph, the term operations means— (i) with respect to a locatable mineral, any activity or work carried out in connection with— (I) prospecting; (II) exploration; (III) processing; (IV) discovery and assessment; (V) development; or (VI) extraction; (ii) the reclamation of an area disturbed by an activity described in clause (i); and (iii) any activity reasonably incident to an activity described in clause (i) or (ii), regardless of whether that incidental activity is carried out on a mining claim, including the construction and maintenance of any facility, road, transmission line, pipeline, or any other necessary infrastructure or means of access on public land. (B) Rights to use, occupation, and operations A claimant shall have the right to use, occupy, and conduct operations on public land, with or without the discovery of a valuable mineral deposit, if— (i) the claimant makes a timely payment of the location fee required by section 10102 and the claim maintenance fee required by subsection (a); or (ii) in the case of a claimant who qualifies for a waiver under subsection (d)— (I) the claimant makes a timely payment of the location fee required by section 10102; and (II) the claimant complies with the required assessment work under the general mining laws. (2) Fulfillment of Federal land policy and management act of 1976 A claimant that fulfills the requirements of this section and section 10102 shall be deemed to satisfy any requirements under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) for the payment of fair market value to the United States for the use of public land and resources pursuant to the general mining laws. (3) Savings clause Nothing in this subsection diminishes any right (including a right of entry, use, or occupancy) of a claimant. . (g) Limitation on judicial review (1) In general Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a lead agency (as defined in subsection (a) of section 40206 of the Infrastructure Investment and Jobs Act ( 30 U.S.C. 1607 )) for a mining project shall be barred unless it is filed not later than 60 days after the date of publication of a notice in the Federal Register announcing that the permit, license, or approval is final in accordance with the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed. (2) Savings clause Nothing in this subsection— (A) establishes a right to judicial review; or (B) places any limit on filing a claim that a person has violated the terms of a permit, license, or approval. (h) Remand Notwithstanding any other provision of law, no approval of a mineral exploration or mine permit as defined in section 40206(a) of the Infrastructure Investment and Jobs Act ( 30 U.S.C. 1607 ) (as amended by subsection (b)(2)) shall be vacated or otherwise limited, delayed, or enjoined unless the applicable court concludes allowing such proposed action will pose a risk of an imminent and substantial environmental harm and there is no other equitable remedy available as a matter of law. III Federal Energy Regulatory Commission 3001. Tariff reforms, rate treatments, and rulemaking to ensure the reliability and security of electric service and interstate natural gas service (a) Definitions In this section: (1) Commission The term Commission means the Federal Energy Regulatory Commission. (2) Critical electric infrastructure; defense critical electric infrastructure; grid security emergency The terms critical electric infrastructure , defense critical electric infrastructure , and grid security emergency have the meanings given the terms in section 215A(a) of the Federal Power Act ( 16 U.S.C. 824o–1(a) ). (3) Interstate natural gas pipeline The term interstate natural gas pipeline means a facility under the jurisdiction of the Commission under the Natural Gas Act ( 15 U.S.C. 717 et seq. ) that is engaged in the transportation of natural gas in interstate commerce, or the sale in interstate commerce of natural gas for resale, under section 3 or 7 of that Act ( 15 U.S.C. 717b , 717f). (4) Natural disaster The term natural disaster means— (A) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); and (B) any other natural catastrophe, including a hurricane, tornado, storm, snowstorm, superstorm, flood, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, and wildfire. (b) Tariff reforms, rate treatments, and rulemaking Not later than 1 year after the date of enactment of this Act, the Commission shall adopt tariff provisions and rate treatments, and establish separately, by rule, additional reforms, that, in the determination of the Commission, are necessary to protect the adequacy, affordability, reliability, and security of the supply and delivery of— (1) electricity, and attributes of electric supply, that enhance the continuance or prompt resumption of the supply or delivery of electricity— (A) under normal operating conditions; or (B) during or after— (i) a grid security emergency; or (ii) a natural disaster; and (2) natural gas by interstate natural gas pipelines. (c) Required considerations (1) In general In carrying out subsection (b), the Commission shall— (A) consider whether and the extent to which each of the matters described in subparagraphs (A) through (E) of paragraph (2) have a material impact on the adequacy, affordability, reliability, and security of the supply or delivery of— (i) electricity; or (ii) natural gas by interstate natural gas pipelines; and (B) ensure that the record of the rulemaking proceeding under that subsection reflects that consideration. (2) Matters to be considered In carrying out subsection (b), the Commission shall solicit, consider, and include in the record of the rulemaking proceeding under that subsection evidence of— (A) with respect to each category of facilities that are subject to the jurisdiction of the Commission and have a material impact on the supply or delivery of electricity, including interstate natural gas pipelines, or of natural gas by interstate natural gas pipelines— (i) the adequacy, affordability, reliability, and security of— (I) the facilities in the applicable category; (II) the contribution to the supply and delivery of electricity or natural gas, as applicable, by the facilities in the applicable category; and (III) the supply and delivery of other energy products by facilities in the applicable category, to the extent that the supply and delivery of those energy products has a material impact on the supply or delivery of electricity or natural gas, as applicable; and (ii) rate treatments and tariff reforms that would protect the adequacy, affordability, reliability, and security of the supply and delivery of, as applicable— (I) electricity; or (II) natural gas by interstate natural gas pipelines; (B) the attributes of electric generating units that make a demonstrable contribution to— (i) grid stability; and (ii) the continuation or resumption of reliable service in a defined region; (C) (i) the state of development of relevant energy technologies, including electric technologies; and (ii) the likelihood of deployment of those technologies during the 7-year period beginning on the date of enactment of this Act; (D) identifiable threats to— (i) critical electric infrastructure; and (ii) defense critical electric infrastructure; and (E) identifiable impediments to the adequacy, affordability, reliability, or security of the supply and delivery of electricity or of natural gas by interstate natural gas pipelines presented by any precedents or rules of the Commission in effect as of the date of enactment of this Act. (d) Updates (1) In general Beginning on the date that is 4 years after the date of enactment of this Act, and every 5 years thereafter, the Commission shall— (A) revise and update the rule established under subsection (b); or (B) make a public determination that revising and updating the rule is not necessary at that time. (2) Requirement In carrying out paragraph (1), the Commission shall solicit, consider, and include in the record of any rulemaking proceeding carried out under subparagraph (A) of that paragraph or any determination made under subparagraph (B) of that paragraph any new evidence or information relating to the matters described in subparagraphs (A) through (E) of subsection (c)(2). 3002. Federal authorizations under the Natural Gas Act Section 15 of the Natural Gas Act ( 15 U.S.C. 717n ) is amended— (1) in subsection (a), by inserting before In this section the following: Definition of Federal Authorization ; (2) in subsection (e), by inserting before Hearings under this the following: Hearings and proceedings ; (3) in subsection (f), by inserting before All hearings, the following: Governing rules ; and (4) by inserting after subsection (f) the following: (g) Additional requirements (1) Definition of Effects In conducting a review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) relating to any Federal authorization (or to any other decision relating to the issuance of an order or certificate, or the approval or denial of an application, under section 3 or 7), the Commission shall consider the term effects , as used in that Act with respect to impacts and effects, to mean physical changes to the human environment as a result of a proposed action or alternative action to be carried out by a Federal agency that— (A) are reasonably foreseeable, not speculative, and not remote in time or geographically remote; (B) have a reasonably close causal relationship that is not the product of a lengthy causal chain to the proposed action or alternative action, respectively, as determined by the Commission; (C) the Commission has the ability to prevent and that would not occur absent the proposed action or alternative action; and (D) do not constitute potential effects from emissions upstream or downstream of the facility that is the subject of the application under section 3 or 7. (2) Requirement For purposes of paragraph (1)(B), a but for causal relationship is insufficient to establish a reasonably close causal relationship. (3) Alternatives Any alternatives required to be analyzed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) by the Commission shall— (A) meet the purpose and need for the proposed action; (B) where applicable, meet the goals of the applicant; and (C) be within the authority of the Federal agency to control. (4) No use of social cost metrics In conducting a review described in paragraph (1), the Commission shall not consider or apply any metric that purports to estimate the monetized damages or benefits associated with incremental increases or decreases in greenhouse gas emissions. . 3003. Federal authorizations under section 216 of the Federal Power Act Section 216(h) of the Federal Power Act ( 16 U.S.C. 824p(h) ) is amended— (1) in paragraph (1)— (A) by striking (1) In this subsection and all that follows through The term in subparagraph (A) and inserting the following: (1) Definition of Federal authorization (A) In general In this subsection, the term ; and (B) in subparagraph (B), by striking (B) The term and inserting the following: (B) Inclusions In this subsection, the term ; and (2) by adding at the end the following: (10) Additional requirements (A) Definition of effects In conducting a review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) relating to any Federal authorization (or to any other decision relating to the issuance of a Federal authorization, or the approval or denial of an application, under this section), the Commission shall consider the term effects , as used in that Act with respect to impacts and effects, to mean physical changes to the human environment as a result of a proposed action or alternative action to be carried out by a Federal agency that— (i) are reasonably foreseeable, not speculative, and not remote in time or geographically remote; (ii) have a reasonably close causal relationship that is not the product of a lengthy causal chain to the proposed action or alternative action, respectively, as determined by the Commission; (iii) the Commission has the ability to prevent and that would not occur absent the proposed action or alternative action; and (iv) do not constitute potential effects from emissions upstream or downstream of the facility that is the subject of the application under this section. (B) Requirement For purposes of subparagraph (A)(ii), a but for causal relationship is insufficient to establish a reasonably close causal relationship. (C) Alternatives Any alternatives required to be analyzed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) by the Commission shall— (i) meet the purpose and need for the proposed action; (ii) where applicable, meet the goals of the applicant; and (iii) be within the authority of the Federal agency to control. (D) No use of social cost metrics In conducting a review described in subparagraph (A), the Commission shall not consider or apply any metric that purports to estimate the monetized damages or benefits associated with incremental increases or decreases in greenhouse gas emissions. . 3004. Promoting interagency coordination for review of natural gas projects (a) Definitions In this section: (1) Commission The term Commission means the Federal Energy Regulatory Commission. (2) Federal authorization The term Federal authorization has the meaning given that term in section 15(a) of the Natural Gas Act ( 15 U.S.C. 717n(a) ). (3) Environmental review The term environmental review means the process of preparing, for a proposed agency action in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 )— (A) an environmental impact statement; (B) an environmental assessment; (C) a categorical exclusion; (D) a finding of no significant impact; and (E) a record of decision. (4) Project-related environmental review The term project-related environmental review means any environmental review required to be conducted with respect to the issuance of an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act. (b) Commission responsibilities In acting as the lead agency under section 15(b)(1) of the Natural Gas Act for the purposes of complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, the Commission shall, in accordance with this section and other applicable Federal law— (1) be the only lead agency; (2) coordinate as early as practicable with each agency designated as a participating agency under subsection (d)(3) to ensure that the Commission develops information in conducting its project-related environmental review that is usable by the participating agency in considering an aspect of an application for a Federal authorization for which the agency is responsible; and (3) take such actions as are necessary and proper to facilitate the expeditious resolution of its project-related environmental review. (c) Deference to Commission In making a decision with respect to a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, each agency shall give deference, to the maximum extent authorized by law, to the scope of the project-related environmental review that the Commission determines to be appropriate. (d) Participating agencies (1) Identification The Commission shall identify, not later than 30 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, any Federal or State agency, local government, or Indian Tribe that may issue a Federal authorization or is required by Federal law to consult with the Commission in conjunction with the issuance of a Federal authorization required for such authorization or certificate. (2) Invitation (A) In general Not later than 45 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, the Commission shall invite any agency identified under paragraph (1) to participate in the review process for the applicable Federal authorization. (B) Deadline An invitation issued under subparagraph (A) shall establish a deadline by which a response to the invitation shall be submitted to the Commission, which may be extended by the Commission for good cause. (3) Designation as participating agencies Not later than 60 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, the Commission shall designate an agency identified under paragraph (1) as a participating agency with respect to an application for authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act unless the agency informs the Commission, in writing, by the deadline established pursuant to paragraph (2)(B), that the agency— (A) has no jurisdiction or authority with respect to the applicable Federal authorization; (B) has no special expertise or information relevant to any project-related environmental review; or (C) does not intend to submit comments for the record for the project-related environmental review conducted by the Commission. (4) Effect of non-designation (A) Effect on agency Any agency that is not designated as a participating agency under paragraph (3) with respect to an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act may not request or conduct an environmental review that is supplemental to the project-related environmental review conducted by the Commission , unless the agency— (i) demonstrates that such review is legally necessary for the agency to carry out responsibilities in considering an aspect of an application for a Federal authorization; and (ii) requires information that could not have been obtained during the project-related environmental review conducted by the Commission. (B) Comments; record The Commission shall not, with respect to an agency that is not designated as a participating agency under paragraph (3) with respect to an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act— (i) consider any comments or other information submitted by such agency for the project-related environmental review conducted by the Commission ; or (ii) include any such comments or other information in the record for such project-related environmental review. (e) Water quality impacts (1) In general Notwithstanding section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ), a certification under such section shall not be required with respect to a Federal authorization. (2) Coordination With respect to any environmental review for a Federal authorization to conduct an activity that will directly result in a discharge into the navigable waters (within the meaning of the Federal Water Pollution Control Act), the Commission shall identify as an agency under subsection (d)(1) the State in which the discharge originates or will originate, or, if appropriate, the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate. (3) Proposed conditions A State or interstate agency designated as a participating agency pursuant to paragraph (2) may propose to the Commission terms or conditions for inclusion in an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act that the State or interstate agency determines are necessary to ensure that any discharge described in paragraph (2) conducted pursuant to such authorization or certification will comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act. (4) Commission consideration of conditions The Commission may include a term or condition in an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act proposed by a State or interstate agency under paragraph (3) only if the Commission finds with clear and convincing evidence that the term or condition is necessary to ensure that any discharge described in paragraph (2) conducted pursuant to such authorization or certification will comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act. (f) Schedule (1) Deadline for Federal authorizations A deadline for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act set by the Commission under section 15(c)(1) of such Act shall be not later than 90 days after the Commission completes its project-related environmental review, unless an applicable schedule is otherwise established by Federal law. (2) Concurrent reviews Each Federal and State agency— (A) that may consider an application for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act shall formulate and implement a plan for administrative, policy, and procedural mechanisms to enable the agency to ensure completion of Federal authorizations in compliance with schedules established by the Commission under section 15(c)(1) of such Act; and (B) in considering an aspect of an application for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, shall— (i) formulate and implement a plan to enable the agency to comply with the schedule established by the Commission under section 15(c)(1) of such Act; (ii) carry out the obligations of that agency under applicable law concurrently, and in conjunction with, the project-related environmental review conducted by the Commission , and in compliance with the schedule established by the Commission under section 15(c)(1) of such Act, unless the agency notifies the Commission in writing that doing so would impair the ability of the agency to conduct needed analysis or otherwise carry out such obligations; (iii) transmit to the Commission a statement— (I) acknowledging receipt of the schedule established by the Commission under section 15(c)(1) of the Natural Gas Act; and (II) setting forth the plan formulated under clause (i) of this subparagraph; (iv) not later than 30 days after the agency receives such application for a Federal authorization, transmit to the applicant a notice— (I) indicating whether such application is ready for processing; and (II) if such application is not ready for processing, that includes a comprehensive description of the information needed for the agency to determine that the application is ready for processing; (v) determine that such application for a Federal authorization is ready for processing for purposes of clause (iv) if such application is sufficiently complete for the purposes of commencing consideration, regardless of whether supplemental information is necessary to enable the agency to complete the consideration required by law with respect to such application; and (vi) not less often than once every 90 days, transmit to the Commission a report describing the progress made in considering such application for a Federal authorization. (3) Failure to meet deadline If a Federal or State agency, including the Commission, fails to meet a deadline for a Federal authorization set forth in the schedule established by the Commission under section 15(c)(1) of the Natural Gas Act, not later than 5 days after such deadline, the head of the relevant Federal agency (including, in the case of a failure by a State agency, the Federal agency overseeing the delegated authority) shall notify Congress and the Commission of such failure and set forth a recommended implementation plan to ensure completion of the action to which such deadline applied. (g) Consideration of applications for Federal authorization (1) Issue identification and resolution (A) Identification Federal and State agencies that may consider an aspect of an application for a Federal authorization shall identify, as early as possible, any issues of concern that may delay or prevent an agency from working with the Commission to resolve such issues and granting such authorization. (B) Issue resolution The Commission may forward any issue of concern identified under subparagraph (A) to the heads of the relevant agencies (including, in the case of an issue of concern that is a failure by a State agency, the Federal agency overseeing the delegated authority, if applicable) for resolution. (2) Remote surveys If a Federal or State agency considering an aspect of an application for a Federal authorization requires the person applying for such authorization to submit data, the agency shall consider any such data gathered by aerial or other remote means that the person submits. The agency may grant a conditional approval for the Federal authorization based on data gathered by aerial or remote means, conditioned on the verification of such data by subsequent onsite inspection. (3) Application processing The Commission, and Federal and State agencies, may allow a person applying for a Federal authorization to fund a third-party contractor to assist in reviewing the application for such authorization. (h) Accountability, transparency, efficiency For an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act that requires multiple Federal authorizations, the Commission, with input from any Federal or State agency considering an aspect of the application, shall track and make available to the public on the Commission’s website information related to the actions required to complete the Federal authorizations. Such information shall include the following: (1) The schedule established by the Commission under section 15(c)(1) of the Natural Gas Act. (2) A list of all the actions required by each applicable agency to complete permitting, reviews, and other actions necessary to obtain a final decision on the application. (3) The expected completion date for each such action. (4) A point of contact at the agency responsible for each such action. (5) In the event that an action is still pending as of the expected date of completion, a brief explanation of the reasons for the delay. (i) Pipeline security In considering an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, the Federal Energy Regulatory Commission shall consult with the Administrator of the Transportation Security Administration regarding the applicant’s compliance with security guidance and best practice recommendations of the Administration regarding pipeline infrastructure security, pipeline cybersecurity, pipeline personnel security, and other pipeline security measures. 3005. Coordination process to protect electric reliability (a) Definition Section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) ) is amended by adding at the end the following: (9) The term agency head means the principal officer of any executive agency of the United States. (10) The term identified agency proposal means any proposed rule, regulation, standard, criteria document, deadline, or determination that, if adopted, is likely to have a significant negative impact on the reliability and adequacy of the bulk-power system in North America. . (b) Electric reliability organization coordination Section 215 of the Federal Power Act ( 16 U.S.C. 824o ) is amended— (1) in subsection (g)— (A) by striking The ERO and inserting (1) The ERO ; and (B) by adding at the end the following: (2) At the request of a State, the Commission, an agency head with authority over the identified agency proposal at issue, or on its own motion, the ERO, in conducting periodic assessments under paragraph (1), in consultation with relevant regional reliability coordinators, shall— (A) consider the potential impacts of any identified agency proposal; and (B) as soon as practicable after conducting the assessment, submit to the Commission and the relevant agency head a report containing an assessment of the identified agency proposal describing those potential impacts and any relevant information relating to those potential impacts. ; (2) by redesignating subsections (h) through (k) as subsections (i) through (l), respectively; and (3) by inserting after subsection (g) the following: (h) (1) The agency head shall make available to the Commission for review and comment an identified agency proposal in accordance with paragraph (2). (2) In carrying out paragraph (1), the agency head shall provide to the Commission the identified agency proposal described in that paragraph— (A) on the earliest date on which the identified agency proposal is provided to the Office of Management and Budget or any another Federal agency for formal review and comment; or (B) if the identified agency proposal is not provided to the Office of Management and Budget or any other Federal agency for formal review and comment, not later than 90 days before the date on which the agency head publishes in the Federal Register or otherwise makes available for public inspection or comment the identified agency proposal. (3) (A) The Commission, in consultation with the ERO, shall, by order, provide to the agency head comments on the identified agency proposal. (B) An agency head shall not finalize any identified agency proposal that is the subject of a comment from the Commission under subparagraph (A) until the agency head has responded in writing to the Commission with an explanation of how the agency head has modified or determined not to modify the identified agency proposal in response to the comment from the Commission. (C) Not later than the date on which an identified agency proposal with respect to which a comment is provided by the Commission under subparagraph (A) is published in the Federal Register, the agency head shall— (i) include the comment and any response provided by the agency head under subparagraph (B) in the public record of the applicable proceeding relating to the identified agency proposal; or (ii) otherwise make the comment and response available for public inspection. . 3006. Addressing inaction by Commission on certain electric rate filings Section 205 of the Federal Power Act ( 16 U.S.C. 824d ) is amended by striking subsection (g) and inserting the following: (g) Inaction by Commission due to vacancy, incapacity, recusal, or lack of quorum With respect to a change described in subsection (d), if the Commission allows the 60-day period described in that subsection to expire without issuing an order accepting or denying the change because the Commissioners are divided 2 against 2 as to the lawfulness of the change, as a result of vacancy, incapacity, or recusal on the Commission, or because the Commission lacks a quorum— (1) the Secretary of the Commission shall issue a notice stating the reason that the Commission was unable to issue an order accepting or denying the change; (2) the change shall be considered to be rejected; and (3) the rejection described in paragraph (2) shall take effect automatically, by operation of law, on issuance of the notice described in paragraph (1). . 3007. Tolling order reform for the Natural Gas Act Section 19(a) of the Natural Gas Act ( 15 U.S.C. 717r(a) ) is amended, in the fourth sentence, by striking thirty and inserting 60 . 3008. Tolling order reform for the Federal Power Act Section 313(a) of the Federal Power Act ( 16 U.S.C. 825l(a) ) is amended, in the fourth sentence, by striking thirty and inserting 60 . 3009. De novo review of civil penalties under the Natural Gas Act Section 22(b) of the Natural Gas Act ( 15 U.S.C. 717t–1(b) ) is amended by inserting before the period at the end the following: , in accordance with the same provisions as are applicable under section 31(d) of the Federal Power Act ( 16 U.S.C. 823b(d) ) in the case of civil penalties assessed under section 31 of the Federal Power Act ( 16 U.S.C. 823b ) . 3010. Extension of time to commence construction of certain hydropower projects (a) Definition of covered project In this section, the term covered project means a hydropower project with respect to which the Federal Energy Regulatory Commission issued a license before March 13, 2020. (b) Authorization of extension Notwithstanding section 13 of the Federal Power Act ( 16 U.S.C. 806 ), on the request of a licensee of a covered project, the Federal Energy Regulatory Commission may, after reasonable notice and for good cause shown, extend in accordance with subsection (c) the period during which the licensee is required to commence construction of the covered project for an additional 4 years beyond the 8 years authorized by that section. (c) Period of extension An extension of time to commence construction of a covered project under subsection (b) shall— (1) begin on the date on which the final extension of the period for commencement of construction granted to the licensee under section 13 of the Federal Power Act ( 16 U.S.C. 806 ) expires; and (2) end on the date that is 4 years after the latest date to which the Federal Energy Regulatory Commission is authorized to extend the period for commencement of construction under that section. 3011. Judicial review Section 19(d)(3) of the Natural Gas Act ( 15 U.S.C. 717r(d)(3) ) is amended, in the first sentence, by inserting , is not supported by clear and convincing evidence, after such permit . 3012. Approval for border-crossing facilities (a) Definitions In this section: (1) Appropriate Federal agencies The term appropriate Federal agencies in subsection (b)(2)(A) means the Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary of Commerce, the Secretary of Transportation, the Secretary of Energy, the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency, and, for applications concerning the border with Mexico, the United States Commissioner of the International Boundary and Water Commission. (2) Border-crossing facility The term border-crossing facility means— (A) the portion of an oil pipeline between an international boundary and the first mainline valve on the United States side of an international boundary; and (B) the portion of a natural gas pipeline or electric transmission facility that is located at an international boundary of the United States. (3) Electric Reliability Organization; Regional entity The terms Electric Reliability Organization and regional entity have the meanings given those terms in section 215 of the Federal Power Act ( 16 U.S.C. 824o ). (4) Independent System Operator; Regional Transmission Organization The terms Independent System Operator and Regional Transmission Organization have the meanings given those terms in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (5) Modification The term modification includes a reversal of flow direction, change in ownership, change in flow volume, change in product delivered, addition or removal of an interconnection, or an adjustment to regulate flow (such as a reduction or increase in the number of pump or compressor stations or valves). (6) Natural gas The term natural gas has the meaning given that term in section 2 of the Natural Gas Act ( 15 U.S.C. 717a ). (7) Oil The term oil means petroleum or a petroleum product. (b) Authorization of certain energy infrastructure projects at an international boundary of the United States (1) Authorization Except as provided in paragraph (3) and subsection (f), no person may construct, connect, or operate, a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity, across an international border of the United States without obtaining a certificate of crossing for the border-crossing facility under this subsection. (2) Certificate of crossing (A) Requirement Not later than 90 days after final action is taken, by the relevant official or agency identified under subparagraph (B), under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to a border-crossing facility for which a person requests a certificate of crossing under this subsection, the relevant official or agency, in consultation with appropriate Federal agencies, shall issue a certificate of crossing for the border-crossing facility unless the relevant official or agency finds that the construction, connection, or operation, of the border-crossing facility is not in the public interest of the United States. (B) Relevant official or agency The relevant official or agency referred to in subparagraph (A) is— (i) the Federal Energy Regulatory Commission with respect to border-crossing facilities consisting of oil or natural gas pipelines; and (ii) the Secretary of Energy with respect to border-crossing facilities consisting of electric transmission facilities. (C) Additional requirement for electric transmission facilities In the case of a request for a certificate of crossing for a border-crossing facility consisting of an electric transmission facility, the Secretary of Energy shall require, as a condition of issuing the certificate of crossing under subparagraph (A), that the border-crossing facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of— (i) the Electric Reliability Organization and the applicable regional entity; and (ii) any Regional Transmission Organization or Independent System Operator with operational or functional control over the border-crossing facility. (3) Exclusions This subsection shall not apply to any construction, connection, operation, or maintenance of a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity— (A) if the border-crossing facility is operating for such import, export, or transmission as of the date of enactment of this Act; (B) if a permit described in subsection (e) for the construction, connection, operation, or maintenance has been issued; or (C) if an application for a permit described in subsection (e) for the construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of— (i) the date on which such application is denied; or (ii) 2 years after the date of enactment of this Act, if such a permit has not been issued by such date. (4) Effect of other laws (A) Application to projects Nothing in this subsection or subsection (f) shall affect the application of any other Federal statute to a project for which a certificate of crossing for a border-crossing facility is requested under this subsection. (B) Natural Gas Act Nothing in this subsection or subsection (f) shall affect the requirement to obtain approval or authorization under sections 3 and 7 of the Natural Gas Act ( 15 U.S.C. 717b , 717f) for the siting, construction, or operation of any facility to import or export natural gas. (C) Oil pipelines Nothing in this subsection or subsection (f) shall affect the authority of the Federal Energy Regulatory Commission with respect to oil pipelines under section 60502 of title 49, United States Code. (D) Scope of NEPA review Nothing in this Act, or the amendments made by this Act, shall affect the scope of any review required to be conducted under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) with respect to a project for which a certificate of crossing for a border-crossing facility is requested under this subsection. (c) Importation or exportation of natural gas to canada and mexico Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) ) (as amended by section 1303) is amended by adding at the end the following: (3) Canada and Mexico In the case of an application for the importation of natural gas from, or the exportation of natural gas to, Canada or Mexico, the Commission shall grant the application not later than 30 days after the date on which the Commission receives the complete application. . (d) Transmission of electric energy to Canada and Mexico (1) Repeal of requirement to secure order Section 202(e) of the Federal Power Act ( 16 U.S.C. 824a(e) ) is repealed. (2) Conforming amendments (A) State regulations Section 202(f) of the Federal Power Act ( 16 U.S.C. 824a(f) ) is amended by striking insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection (e) . (B) Seasonal diversity electricity exchange Section 602(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–4(b) ) is amended by striking the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act and all that follows through the period at the end and inserting the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary. . (e) No presidential permit required No Presidential permit (or similar permit) shall be required pursuant to any provision of law or Executive order for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any border-crossing facility thereof. (f) Modifications to and maintenance of existing projects No certificate of crossing under subsection (b), or permit described in subsection (e), shall be required for a modification to or maintenance of— (1) an oil or natural gas pipeline or electric transmission facility that is operating for the import or export of oil or natural gas or the transmission of electricity as of the date of enactment of this Act; (2) an oil or natural gas pipeline or electric transmission facility for which a permit described in subsection (e) has been issued; or (3) a border-crossing facility for which a certificate of crossing has previously been issued under subsection (b). (g) Effective dates; rulemaking deadlines (1) Effective date Subsections (b) through (f) and the amendments made by such subsections shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Rulemaking deadlines Each relevant official or agency described in subsection (b)(2)(B) shall— (A) not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of subsection (b); and (B) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of subsection (b). (h) Judicial review (1) In general Any entity aggrieved by a final agency action taken under this section may obtain a review of such action by filing a petition for review in— (A) the United States Court of Appeals for any circuit wherein an applicant for authorization under this section is located or has its principal place of business; or (B) in the United States Court of Appeals for the District of Columbia. (2) Petition deadline The petition must be filed not later than 60 days after such action is taken. IV Other Natural Resources 4001. Root and stem projects (a) Definitions In this section: (1) Collaborative process The term collaborative process means a process that— (A) includes multiple interested persons representing diverse interests; and (B) (i) is transparent and nonexclusive; or (ii) meets the requirements for a resource advisory committee under subsections (c) through (f) of section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125 ). (2) Federal land The term Federal land means— (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) )); and (B) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )). (3) Secretary concerned The term Secretary concerned means, as applicable— (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; or (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (b) List of contractors The Secretary concerned shall— (1) maintain a list of non-Federal, third-party contractors that the Secretary concerned can hire in each State to complete the analysis described in subsection (c)(1); and (2) not later than 180 days after the date of enactment of this Act, and every 3 years thereafter, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a copy of the list described in paragraph (1). (c) Agreements If a person submits to the Secretary concerned a proposal for a project on Federal land that was developed through a collaborative process and that meets local and rural community needs, the Secretary concerned may enter into an agreement with the person, under which— (1) the person initially provides to the Secretary concerned all, or a portion of, the funding necessary to complete any analysis that the Secretary concerned determines to be necessary under Federal law, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), for the consideration of the proposed project; (2) the Secretary concerned uses the funding provided under paragraph (1) to pay a contractor included on the list maintained under subsection (b)(1) to conduct the analysis described in paragraph (1); (3) on completion of the analysis described in paragraph (1), if the Secretary concerned makes a decision to proceed with the project, the Secretary concerned— (A) solicits bids to carry out the project; and (B) enters into a contract or agreement under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ) to carry out the project; and (4) using any receipts described in subsection (d)(1), the Secretary concerned, to the maximum extent practicable, repays to the person the funding initially provided under paragraph (1). (d) Additional related authorities (1) Use of receipts Any receipts that are generated by a project described in subsection (c) that are normally deposited in the General Fund of the Treasury shall be available for expenditure by the Secretary concerned, without further appropriation or fiscal year limitation, for the use described in subsection (c)(4). (2) Contractors The Secretary concerned may noncompetitively hire a contractor included on the list maintained under subsection (b)(1) to conduct the analysis described in subsection (c)(1). (e) Savings clauses (1) Authority of the Secretary concerned The Secretary concerned shall— (A) determine the sufficiency of any documents prepared by a contractor under subsection (c)(2); and (B) retain responsibility for any authorizing decision relating to a proposed project described in subsection (c). (2) Review and approval of independent third parties The Secretary concerned shall verify that there is no conflict of interest between— (A) a person that submits a proposal under subsection (c); and (B) a contractor that the Secretary concerned hires under paragraph (2) of that subsection to carry out an analysis with respect to that proposal. (3) Administrative costs The Secretary concerned— (A) shall only use the funding provided to the Secretary concerned under subsection (c)(1) to pay a contractor pursuant to subsection (c)(2); and (B) shall not use any portion of the funding provided to the Secretary concerned under subsection (c)(1) to cover any other expense or cost incurred by the Secretary concerned, including administrative costs. (4) Limitations on reimbursements If insufficient receipts are generated by a project described in subsection (c) to reimburse the person that provided funding under paragraph (1) of that subsection, the Secretary concerned shall not provide additional funding to the person. (f) Promotion Not later than 60 days after the date of enactment of this Act, the Secretary concerned shall provide guidance to each local field office of the Secretary concerned for— (1) making stakeholders aware of the authority under this Act; and (2) encouraging use of that authority to meet land management goals. (g) Treatment of collaborative members For purposes of a civil action relating to a project described in subsection (c), any person that participated in the collaborative process to develop the proposal for the project shall be— (1) entitled to intervene, as of right, in any subsequent civil action; and (2) considered to be a full participant in any settlement negotiation relating to the project. (h) Sunset The requirements described in subsection (b) and the authority to enter into an agreement under subsection (c) shall expire on January 1, 2033. 4002. Consultation under certain land and resource management plans and land use plans (a) National Forest System land and resource management plan Section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ) is amended by adding at the end the following: (n) Completed Federal action A land and resource management plan for a unit of the National Forest System approved, amended, or revised under this section shall not— (1) be considered to be a continuing Federal agency action; or (2) constitute a discretionary Federal involvement or control for a distinct Federal purpose. . (b) Bureau of land management land use plans Section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ) is amended by adding at the end the following: (g) Completed Federal action A land management plan approved, amended, or revised under this section shall not— (1) be considered to be a continuing Federal agency action; or (2) constitute a discretionary Federal involvement or control for a distinct Federal purpose. . 4003. Renewal term of grazing permits or leases Section 402 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752 ) is amended— (1) in subsection (a), by striking ten years and inserting not more than 20 years ; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking shorter than ten years and inserting of less than 20 years ; (B) in paragraph (1), by striking or at the end; (C) in paragraph (2)— (i) by striking ten years and inserting 20 years ; and (ii) by striking or at the end; (D) by redesignating paragraph (3) as paragraph (4); (E) by inserting after paragraph (2) the following: (3) the initial environmental analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to a grazing allotment, permit, or lease has not been completed; or ; and (F) in paragraph (4) (as so redesignated)— (i) in the first proviso, by striking shorter than ten years and inserting of less than 20 years ; and (ii) in the second proviso— (I) by striking shorter than ten years and inserting of less than 20 years ; and (II) by striking items (1) through (3) of this subsection and inserting paragraphs (1) through (4) . 4004. Renewal of grazing permits and leases and certain actions during extreme natural events and disasters Section 402(h) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752(h) ) is amended by adding at the end the following: (3) Renewal A categorical exclusion (as defined in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations)) under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall apply with respect to the renewal of a grazing permit or lease under this section, if— (A) the renewal of the grazing permit or lease is consistent, or substantially consistent, with the use authorized in the permit or lease being renewed; (B) the renewal of the grazing permit or lease is the same as, or has a minor adjustment in, as determined by the Secretary or the Secretary of Agriculture, as applicable, the season of use authorized in the permit or lease being renewed; or (C) the applicable permittee or lessee is in compliance with the terms, conditions, and applicable regulations of the permit or lease being renewed. (4) Authorized use during emergencies and natural events and disasters A categorical exclusion (as defined in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations)) under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall apply to the temporary use of a vacant grazing allotments or other minor adjustment in terms and conditions of a permit or lease necessary to respond and adapt to resource conditions, if— (A) there is an unforeseen, uncontrollable natural event or disaster (including extreme weather conditions, drought, and infestation), that impedes the use by the permittee or lessee of the grazing allotment under established terms and conditions; (B) the use of the vacant grazing allotment or the adjustment in the authorized use would be limited to 2 grazing seasons; (C) a temporary adjustment in the existing season of use to immediately respond to localized resource conditions does not fluctuate more than 14 days prior to, or immediately following, the existing season of use date; (D) the permittee or lessee is in compliance with— (i) all other terms and conditions of the applicable permit or lease; and (ii) any applicable regulations; (E) the vacant grazing allotment considered for temporary use pursuant to section 405 has been assessed or evaluated; and (F) the use of the vacant grazing allotment or adjustment in the authorized use does not alter the original grazing allotment of the permittee or lessee. . 4005. Withdrawal of BLM proposed rule The Director of the Bureau of Land Management— (1) shall withdraw the proposed rule of the Bureau of Land Management entitled Conservation and Landscape Health (88 Fed. Reg. 19583 (April 3, 2023)); and (2) may not take any action to finalize, implement, or enforce the proposed rule described in paragraph (1) or any substantially similar rule.