[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.
                                 <all>