[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1456 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1456
To provide for certain energy development, permitting reforms, and for
other purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``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.
TITLE I--OIL AND GAS LEASING AND PERMITTING
Subtitle A--Onshore and Offshore Oil and Gas Leasing
SEC. 1101. ONSHORE OIL AND GAS LEASING.
(a) 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:
``SEC. 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:
``SEC. 42. LIMITATIONS FOR FILING OIL AND GAS CONTESTS.
``(a) In General.--Notwithstanding chapter 5 or 7 of title 5,
United States Code (commonly referred to as the `Administrative
Procedure Act'), no action contesting a decision of the Secretary
involving any oil and gas lease sale, individual lease, or individual
permit shall be maintained unless the action is commenced or taken by
not later than 60 days after the date on which the final decision of
the Secretary relating to the action was made.
``(b) Jurisdiction.--An action contesting a decision of the
Secretary may only be commenced--
``(1) for an individual lease or permit, in the district
court of the United States for the district in which the
property, or some part thereof, is located; and
``(2) for a lease sale, in a district court of the United
States in the State in which the sale occurred.
``(c) Removal.--A defendant or defendant intervenor in an action
challenging a lease sale, lease, or permit in multiple states may
remove the action to the district court of the United States for the
district in which the property is located pursuant to section 1441(c)
of title 28, United States Code.''.
SEC. 1102. OFFSHORE OIL AND GAS LEASING.
(a) 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.''.
SEC. 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.
Subtitle B--Permitting of Federal Oil and Gas Minerals
SEC. 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.''.
SEC. 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:
``SEC. 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''.
SEC. 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.
SEC. 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.''.
SEC. 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:
``SEC. 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.''.
Subtitle C--Liquefied Natural Gas Exports
SEC. 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.
SEC. 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.''.
TITLE II--MINERAL LEASING AND PERMITTING
SEC. 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''.
SEC. 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.''.
SEC. 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.
SEC. 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.
SEC. 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,''.
SEC. 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,''.
SEC. 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.
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.
(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).
SEC. 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.''.
SEC. 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.''.
SEC. 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.
SEC. 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.''.
SEC. 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).''.
SEC. 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''.
SEC. 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''.
SEC. 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)''.
SEC. 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.
SEC. 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''.
SEC. 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.
TITLE IV--OTHER NATURAL RESOURCES
SEC. 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.
SEC. 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.''.
SEC. 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)''.
SEC. 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.''.
SEC. 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.
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