[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4765 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4765
To provide for certain energy development, permitting reforms, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 11, 2026
Mr. Barrasso (for himself and Ms. Lummis) 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 ``Let America Build
Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--OIL AND GAS LEASING AND PERMITTING
Subtitle A--Onshore and Offshore Oil and Gas Leasing
Sec. 1101. Onshore oil and gas leasing.
Sec. 1102. Offshore oil and gas leasing.
Subtitle B--Permitting of Federal Oil and Gas Minerals
Sec. 1201. Cooperative federalism in oil and gas permitting on
available Federal land.
Sec. 1202. Permitting compliance on non-Federal land.
Sec. 1203. State and Tribal authority for hydraulic fracturing
regulation.
Subtitle C--Liquefied Natural Gas Exports
Sec. 1301. Action on applications to export liquefied natural gas.
Sec. 1302. Small scale LNG access.
TITLE II--MINERAL LEASING AND PERMITTING
Sec. 2001. Land use plan criteria under the Federal Land Policy and
Management Act of 1976.
Sec. 2002. Congressional approval of withdrawals under the Federal Land
Policy and Management Act of 1976.
Sec. 2003. Prohibition of the establishment of new categories of
Federal land designations by the heads of
Federal land management agencies.
Sec. 2004. Coal leases on Federal land.
Sec. 2005. Modification to definitions of critical material and
critical mineral and critical mineral
designation criteria.
Sec. 2006. Permitting process improvements.
TITLE III--FEDERAL ENERGY REGULATORY COMMISSION
Sec. 3001. Federal authorizations under the Natural Gas Act.
Sec. 3002. Federal authorizations under section 216 of the Federal
Power Act.
Sec. 3003. Promoting interagency coordination for review of natural gas
projects.
Sec. 3004. Tolling order reform for the Natural Gas Act.
Sec. 3005. Tolling order reform for the Federal Power Act.
Sec. 3006. De novo review of civil penalties under the Natural Gas Act.
Sec. 3007. Judicial review.
TITLE I--OIL AND GAS LEASING AND PERMITTING
Subtitle A--Onshore and Offshore Oil and Gas Leasing
SEC. 1101. ONSHORE OIL AND GAS LEASING.
(a) Mineral Leasing Act Reforms.--
(1) Protested lease sales.--Section 17(b)(1)(A) of the
Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended by
inserting after the seventh sentence the following: ``The
Secretary of the Interior shall resolve any protest to a lease
sale within 60 days following such payment. Notwithstanding any
other provision of law, if the Secretary of the Interior denies
a protest to a lease sale, any lease subject to the protest
shall not be subject to further environmental review by the
Secretary of the Interior pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
(2) Effect of litigation.--Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is amended by adding at the end the
following:
``(r) Effect of Litigation.--
``(1) In general.--A civil action relating to an
environmental review under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), division A of
subtitle III of title 54, United States Code (formerly known as
the `National Historic Preservation Act'), or the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
respect to a lease sale conducted under this section shall
not--
``(A) affect the validity of a lease issued under
the lease sale that is the subject of the civil action;
or
``(B) except as provided in paragraph (3)(B), cause
a delay in the timelines established under subsection
(p)(2) for the consideration of an application for
permit to drill with respect to a lease issued under
the lease sale that is the subject of the civil action.
``(2) Remand; processing of applications for permit to
drill.--If, in a civil action described in paragraph (1), the
environmental review for a lease sale is found by the
applicable court to violate the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.)--
``(A) notwithstanding chapter 5 or 7 of title 5,
United States Code (commonly referred to as the
`Administrative Procedure Act'), the applicable court
shall not set aside the lease sale and vacate the
leases issued pursuant to the sale but instead remand
the matter to the Secretary of the Interior to resolve
the violation; and
``(B) the Secretary of the Interior shall continue
to process all applicable applications for permit to
drill pursuant to subsection (p)(2).
``(3) Notice.--
``(A) In general.--Not later than 60 days after the
date on which a civil action described in paragraph (1)
is filed, the Secretary of the Interior shall notify
the holder of any lease issued under the lease sale
that is the subject of the civil action of the filing
of the civil action.
``(B) Timeline.--Not later than 90 days after the
date of receipt of a notice under subparagraph (A), the
leaseholder may file with the Secretary of the Interior
a request to pause the timeline under subsection (e)(1)
with respect to the term of the lease during any period
in which the civil action is pending.''.
(3) Lease cancellation.--Section 17 of the Mineral Leasing
Act (30 U.S.C. 226) (as amended by paragraph (2)) is amended by
adding at the end the following:
``(s) Lease Cancellation.--A lease issued under this section shall
be considered to be valid and not subject to cancellation by the
Secretary of the Interior for any reason, except for--
``(1) the express written agreement to the cancellation by
the lessee; or
``(2) a determination by the Secretary of the Interior that
cancellation is appropriate in accordance with section 3108.30
of title 43, Code of Federal Regulations (as in effect on the
date of enactment of this subsection), subject to the
limitation that a lease may not be determined to be improperly
issued under that section based on a finding by a Federal court
that the environmental review for the lease sale pursuant to
which the lease was issued was in violation of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.),
division A of subtitle III of title 54, United States Code
(formerly known as the `National Historic Preservation Act'),
or the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).''.
(4) Limitations for filing oil and gas contests.--Section
42 of the Mineral Leasing Act (30 U.S.C. 226-2) is amended by
striking the section designation and all that follows through
the period at the end of the second sentence, and inserting the
following:
``SEC. 42. LIMITATIONS FOR FILING OIL AND GAS CONTESTS.
``(a) In General.--Notwithstanding chapter 5 or 7 of title 5,
United States Code (commonly referred to as the `Administrative
Procedure Act'), no action contesting a decision of the Secretary
involving any oil and gas lease sale, individual lease, or individual
permit shall be maintained unless the action is commenced or taken by
not later than 60 days after the date on which the final decision of
the Secretary relating to the action was made.
``(b) Jurisdiction.--An action contesting a decision of the
Secretary may only be commenced--
``(1) for an individual lease or permit, in the district
court of the United States for the district in which the
property, or some part thereof, is located; and
``(2) for a lease sale, in a district court of the United
States in the State in which the sale occurred.
``(c) Removal.--A defendant or defendant intervenor in an action
challenging a lease sale, lease, or permit in multiple States may
remove the action to the district court of the United States for the
district in which the property is located pursuant to section 1441(c)
of title 28, United States Code.''.
SEC. 1102. OFFSHORE OIL AND GAS LEASING.
(a) Lease or Permit Cancellation.--
(1) In general.--Section 5(a)(2) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1334(a)(2)) is amended--
(A) in the matter preceding subparagraph (A), by
striking ``any lease or permit--'' and all that follows
through the end of subparagraph (B) and inserting the
following: ``any lease or permit--
``(A) that the lease or permit shall be considered
to be valid and not subject to cancellation by the
Secretary for any reason, except for--
``(i) the express written agreement to the
cancellation by the lessee or permittee; or
``(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)''.
(b) 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 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 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.''.
Subtitle B--Permitting of Federal Oil and Gas Minerals
SEC. 1201. 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 section 35(a).
``(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 district court of the United States.
``(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. 1202. PERMITTING COMPLIANCE ON NON-FEDERAL LAND.
(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 part 3160 of title 43,
Code of Federal Regulations (or successor regulations), but subject to
any applicable 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) the Federal Government--
(A) owns less than 50 percent of the minerals
within the oil and gas drilling or spacing unit; and
(B) does not own or lease the surface estate within
the area directly impacted by the action;
(2) the well is located on non-Federal land overlying a
non-Federal mineral estate, but some portion of the wellbore
enters and produces from the Federal mineral estate subject to
the lease; or
(3) the well is located on non-Federal land overlying a
non-Federal mineral estate, but some portion of the wellbore
traverses but does not produce from the Federal mineral estate
subject to the lease.
(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 of Federal minerals in the unit, 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;
(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; and
(3) each lessee or designee of a lessee shall provide,
prior to commencing drilling operations, agreements authorizing
the Secretary of the Interior to enter non-Federal land, as
necessary, for inspection and enforcement of the terms of the
Federal lease.
(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.
(e) Authority on Non-Federal Land.--Section 17(g) of the Mineral
Leasing Act (30 U.S.C. 226(g)) is amended--
(1) by striking the subsection designation and all that
follows through ``Secretary of the Interior, or'' in the first
sentence and inserting the following:
``(g)(1) The Secretary of the Interior, or''; and
(2) by adding at the end the following:
``(2)(A) In the case of an oil and gas lease under this Act on land
described in subparagraph (B) located within an oil and gas drilling or
spacing unit, nothing in this Act authorizes the Secretary of the
Interior--
``(i) to require a bond to protect non-Federal land;
``(ii) to enter non-Federal land without the consent of the
applicable landowner;
``(iii) to impose mitigation requirements; or
``(iv) to require approval for surface reclamation.
``(B) Land referred to in subparagraph (A) is--
``(i) land with respect to which the Federal Government--
``(I) owns less than 50 percent of the minerals
within the oil and gas drilling or spacing unit; and
``(II) does not own or lease the surface estate
within the area directly impacted by the action;
``(ii) non-Federal land overlying a non-Federal mineral
estate on which the applicable well is located, but some
portion of the wellbore enters and produces from the Federal
mineral estate subject to the lease; or
``(iii) non-Federal land overlying a non-Federal mineral
estate on which the well is located, but some portion of the
wellbore traverses but does not produce from the Federal
mineral estate subject to the lease.''.
SEC. 1203. 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 1201(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 considered 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 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. 2004. 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. 2005. 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 (excluding metallurgical
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. 2006. 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.--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 2006(a) of the Let America Build Act of
2026.
``(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 require 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 that subsection.
``(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 timeline or schedule
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 1 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 Let America Build Act of 2026.''.
(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, with respect to land under the
jurisdiction of the Secretary; 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 a 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 25 acres;
(B) the Secretary concerned determines that the
notice is complete; and
(C) financial assurance is provided.
(f) Hardrock Mining Mill Sites.--
(1) Multiple mill sites.--Section 2337 of the Revised
Statutes (30 U.S.C. 42) is amended by adding at the end the
following:
``(c) Additional Mill Sites.--
``(1) Definitions.--In this subsection:
``(A) Mill site.--The term `mill site' means a
location of public land that is reasonably necessary
for waste rock or tailings disposal or other operations
reasonably incident to mineral development on, or
production from land included in a plan of operations.
``(B) Operations; operator.--The terms `operations'
and `operator' have the meanings given those terms in
section 3809.5 of title 43, Code of Federal Regulations
(as in effect on the date of enactment of this
subsection).
``(C) Plan of operations.--The term `plan of
operations' means a plan of operations that an operator
must submit and the Secretary of the Interior or the
Secretary of Agriculture, as applicable, must approve
before an operator may begin operations, in accordance
with, as applicable--
``(i) subpart 3809 of part 3800 of title
43, Code of Federal Regulations (or successor
regulations establishing application and
approval requirements); and
``(ii) part 228 of title 36, Code of
Federal Regulations (or successor regulations
establishing application and approval
requirements).
``(D) Public land.--The term `public land' means
land owned by the United States that is open to
location under sections 2319 through 2344 of the
Revised Statutes (30 U.S.C. 22 et seq.), including--
``(i) land that is mineral-in-character (as
defined in section 3830.5 of title 43, Code of
Federal Regulations (as in effect on the date
of enactment of this subsection));
``(ii) nonmineral land (as defined in
section 3830.5 of title 43, Code of Federal
Regulations (as in effect on the date of
enactment of this subsection)); and
``(iii) land where the mineral character
has not been determined.
``(2) Use of public land.--Notwithstanding subsections (a)
and (b), where public land is needed by the proprietor of a
lode or placer claim for operations in connection with any lode
or placer claim within the proposed plan of operations, the
proprietor may--
``(A) locate and include within the plan of
operations as many mill site claims under this
subsection as are reasonably necessary for its
operations; and
``(B) use or occupy public land in accordance with
an approved plan of operations.
``(3) Mill sites convey no mineral rights.--A mill site
under this subsection does not convey mineral rights to the
locator.
``(4) Size of mill sites.--A location of a single mill site
under this subsection shall not exceed 5 acres.
``(5) Mill site and lode or placer claims on same tracts of
public land.--A mill site may be located under this subsection
on a tract of public land on which the claimant or operator
maintains a previously located lode or placer claim.
``(6) Effect on mining claims.--The location of a mill site
under this subsection shall not affect the validity of any lode
or placer claim, or any rights associated with such a claim.
``(7) Patenting.--A mill site under this subsection shall
not be eligible for patenting.
``(8) Savings provisions.--Nothing in this subsection--
``(A) diminishes any right (including a right of
entry, use, or occupancy) of a claimant;
``(B) creates or increases any right (including a
right of exploration, entry, use, or occupancy) of a
claimant on land that is not open to location under the
general mining laws;
``(C) modifies any provision of law or any prior
administrative action withdrawing land from location or
entry;
``(D) limits the right of the Federal Government to
regulate mining and mining-related activities
(including requiring claim validity examinations to
establish the discovery of a valuable mineral deposit)
in areas withdrawn from mining, including under--
``(i) the general mining laws;
``(ii) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et
seq.);
``(iii) the Wilderness Act (16 U.S.C. 1131
et seq.);
``(iv) subchapter III of chapter 1007 of
title 54, United States Code;
``(v) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
``(vi) division A of subtitle III of title
54, United States Code (commonly referred to as
the `National Historic Preservation Act'); or
``(vii) section 4 of the Act of July 23,
1955 (commonly known as the `Surface Resources
Act of 1955') (69 Stat. 368, chapter 375; 30
U.S.C. 612);
``(E) restores any right (including a right of
entry, use, or occupancy, or right to conduct
operations) of a claimant that--
``(i) existed prior to the date on which
the land was closed to, or withdrawn from,
location under the general mining laws; and
``(ii) that has been extinguished by such
closure or withdrawal; or
``(F) modifies section 404 of division E of the
Consolidated Appropriations Act, 2024 (Public Law 118-
42; 138 Stat. 284).''.
(2) Abandoned hardrock mine fund.--
(A) Establishment.--There is established in the
Treasury of the United States a separate account, to be
known as the ``Abandoned Hardrock Mine Fund'' (referred
to in this paragraph as the ``Fund'').
(B) Source of deposits.--Any amounts collected by
the Secretary of the Interior pursuant to the claim
maintenance fee under section 10101(a)(1) of the
Omnibus Budget Reconciliation Act of 1993 (30 U.S.C.
28f(a)(1)) on mill sites located under subsection (c)
of section 2337 of the Revised Statutes (30 U.S.C. 42)
shall be deposited into the Fund.
(C) Use.--The Secretary of the Interior may make
expenditures from amounts available in the Fund,
without further appropriations, only to carry out
section 40704 of the Infrastructure Investment and Jobs
Act (30 U.S.C. 1245).
(D) Allocation of funds.--Amounts made available
under subparagraph (C)--
(i) shall be allocated in accordance with
paragraph (1) of section 40704(e) of the
Infrastructure Investment and Jobs Act (30
U.S.C. 1245(e)); and
(ii) may be transferred in accordance with
paragraph (2) of that section.
(3) Clerical amendments.--Section 10101 of the Omnibus
Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is amended--
(A) by striking ``the Mining Law of 1872 (30 U.S.C.
28-28e)'' each place it appears and inserting
``sections 2319 through 2344 of the Revised Statutes
(30 U.S.C. 22 et seq.)'';
(B) in subsection (a)--
(i) in paragraph (1)--
(I) in the second sentence, by
striking ``Such claim maintenance fee''
and inserting the following:
``(B) Fee.--The claim maintenance fee under
subparagraph (A)''; and
(II) in the first sentence, by
striking ``The holder of'' and
inserting the following:
``(A) In general.--The holder of''; and
(ii) in paragraph (2)--
(I) in the second sentence--
(aa) by striking ``the
Mining Law of 1872 (30 U.S.C.
28 to 28e)'' and inserting
``sections 2319 through 2344 of
the Revised Statutes (30 U.S.C.
22 et seq.)''; and
(bb) by striking ``Such
claim maintenance fee'' and
inserting the following:
``(B) Fee.--The claim maintenance fee under
subparagraph (A)''; and
(II) in the first sentence, by
striking ``The holder of'' and
inserting the following:
``(A) In general.--The holder of''; and
(C) in subsection (b)--
(i) in the second sentence, by striking
``The location fee'' and inserting the
following:
``(2) Fee.--The location fee''; and
(ii) in the first sentence, by striking
``The claim main tenance fee'' and inserting
the following:
``(1) In general.--The claim maintenance fee''.
(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 section 40206(a) of the Infrastructure Investment
and Jobs Act (30 U.S.C. 1607(a))) 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(a))) shall be vacated or otherwise limited, delayed, or enjoined
unless the applicable court concludes that--
(1) allowing the proposed action will pose a risk of an
imminent and substantial environmental harm; and
(2) there is no other equitable remedy available as a
matter of law.
TITLE III--FEDERAL ENERGY REGULATORY COMMISSION
SEC. 3001. 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 striking ``(a) In this section,''
and inserting the following:
``(a) Definition of Federal Authorization.--In this section,'';
(2) in subsection (e)--
(A) in the second sentence, by striking ``In any
proceeding'' and inserting the following:
``(2) Proceedings.--In any proceeding''; and
(B) by striking ``(e) Hearings under this act'' and
inserting the following:
``(e) Hearings and Proceedings.--
``(1) Hearings.--Hearings under this Act'';
(3) in subsection (f)--
(A) in the second sentence, by striking ``No
informality'' and inserting the following:
``(2) Informalities.--No informality''; and
(B) by striking ``(f) All hearings,'' and inserting
the following:
``(f) Governing Rules.--
``(1) In general.--All hearings,''; 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.--In conducting a review described in
paragraph (1), 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. 3002. 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) in subparagraph (B), by striking ``(B) The
term'' and inserting the following:
``(B) Inclusions.--In this subsection, the term'';
and
(B) 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
(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.--In conducting a review
described in subparagraph (A), 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. 3003. 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) 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. 4321 et seq.)--
(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.
(3) 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)).
(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 (15 U.S.C. 717b) or a certificate of public convenience
and necessity under section 7 of that Act (15 U.S.C. 717f).
(b) Commission Responsibilities.--In acting as the lead agency
under section 15(b)(1) of the Natural Gas Act (15 U.S.C. 717n(b)(1))
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 (15 U.S.C. 717b) or a
certificate of public convenience and necessity under section 7 of that
Act (15 U.S.C. 717f), 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 an
authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b)
or a certificate of public convenience and necessity under section 7 of
that Act (15 U.S.C. 717f), 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 (15
U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of that Act (15 U.S.C. 717f), 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 (15 U.S.C. 717b)
or a certificate of public convenience and necessity
under section 7 of that Act (15 U.S.C. 717f), 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 (15 U.S.C.
717b) or a certificate of public convenience and necessity
under section 7 of that Act (15 U.S.C. 717f), the Commission
shall designate an agency identified under paragraph (1) as a
participating agency with respect to that application 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 (15 U.S.C. 717b)
or a certificate of public convenience and necessity
under section 7 of that Act (15 U.S.C. 717f) 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 (15 U.S.C. 717b) or a
certificate of public convenience and necessity under
section 7 of that Act (15 U.S.C. 717f)--
(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) Schedule.--
(1) Deadline for federal authorizations.--A deadline for a
Federal authorization required with respect to an application
for an authorization under section 3 of the Natural Gas Act (15
U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of that Act (15 U.S.C. 717f) set by
the Commission under section 15(c)(1) of that Act (15 U.S.C.
717n(c)(1)) 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 an authorization under section 3 of the Natural Gas
Act (15 U.S.C. 717b) or a certificate of public
convenience and necessity under section 7 of that Act
(15 U.S.C. 717f) 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 that Act
(15 U.S.C. 717n(c)(1)); and
(B) in considering an aspect of an application for
a Federal authorization required with respect to an
application for an authorization under section 3 of the
Natural Gas Act (15 U.S.C. 717b) or a certificate of
public convenience and necessity under section 7 of
that Act (15 U.S.C. 717f), 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 that Act (15 U.S.C. 717n(c)(1));
(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 that
schedule, 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 (15 U.S.C. 717n(c)(1)); and
(II) setting forth the plan
formulated under clause (i);
(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
(15 U.S.C. 717n(c)(1)), 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.
(f) 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 the Federal
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.--
(A) In general.--If a Federal or State agency
considering an aspect of an application for a Federal
authorization requires the person applying for the
Federal authorization to submit data, the agency shall
consider any such data gathered by aerial or other
remote means that the person submits.
(B) Conditional approval.--The agency may grant a
conditional approval for a 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 the Federal authorization.
(g) Accountability, Transparency, Efficiency.--
(1) In general.--For an application for an authorization
under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity under section 7
of that Act (15 U.S.C. 717f) 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 website of the
Commission information related to the actions required to
complete the Federal authorizations.
(2) Inclusions.--The information described in paragraph (1)
shall include the following:
(A) The schedule established by the Commission
under section 15(c)(1) of the Natural Gas Act (15
U.S.C. 717n(c)(1)).
(B) 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.
(C) The expected completion date for each action
described in subparagraph (B).
(D) A point of contact at the agency responsible
for each action described in subparagraph (B).
(E) 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.
(h) Pipeline Security.--In considering an application for an
authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b)
or a certificate of public convenience and necessity under section 7 of
that Act (15 U.S.C. 717f), the Commission shall consult with the
Administrator of the Transportation Security Administration regarding
the compliance of the applicant with security guidance and best
practice recommendations of the Transportation Security Administration
regarding pipeline infrastructure security, pipeline cybersecurity,
pipeline personnel security, and other pipeline security measures.
SEC. 3004. 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. 3005. 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. 3006. 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 that section of that Act (16 U.S.C. 823b)''.
SEC. 3007. 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''.
<all>