,,ii #aaith ,,congress #b;d ,session ,s4 #dgfe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #aa1 #bjbf,mr4 ,barrasso 7for himself and ,ms4 ,lummis7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide for certain energy development1 permitting reforms1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,let ,america ,build ,act of #bjbf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,oil and gas leasing and permitting,subtitle ,a--,onshore and offshore oil and gas leasing,sec4 #aaja4 ,onshore oil and gas leasing4,sec4 #aajb4 ,offshore oil and gas leasing4,subtitle ,b--,permitting of ,federal oil and gas minerals,sec4 #abja4 ,cooperative federalism in oil and gas permitting on available ,federal land4,sec4 #abjb4 ,permitting compliance on non-,federal land4,sec4 #abjc4 ,state and ,tribal authority for hydraulic fracturing regulation4,subtitle ,c--,liquefied natural gas exports,sec4 #acja4 ,action on applications to export liquefied natural gas4,sec4 #acjb4 ,small scale ,,lng access4,,title ,,ii--,mineral leasing and permitting,sec4 #bjja4 ,land use plan criteria under the ,federal ,land ,policy and ,management ,act of #aigf4,sec4 #bjjb4 ,congressional approval of withdrawals under the ,federal ,land ,policy and ,management ,act of #aigf4,sec4 #bjjc4 ,prohibition of the establishment of new categories of ,federal land designations by the heads of ,federal land management agencies4,sec4 #bjjd4 ,coal leases on ,federal land4,sec4 #bjje4 ,modification to definitions of critical material and critical mineral and critical mineral designation criteria4,sec4 #bjjf4 ,permitting process improvements4,,title ,,iii--,federal ,energy ,regulatory ,commission,sec4 #cjja4 ,federal authorizations under the ,natural ,gas ,act4,sec4 #cjjb4 ,federal authorizations under section #baf of the ,federal ,power ,act4,sec4 #cjjc4 ,promoting interagency coordination for review of natural gas projects4,sec4 #cjjd4 ,tolling order reform for the ,natural ,gas ,act4,sec4 #cjje4 ,tolling order reform for the ,federal ,power ,act4,sec4 #cjjf4 ,de novo review of civil penalties under the ,natural ,gas ,act4,sec4 #cjjg4 ,judicial review4 ,i ,oil and gas leasing and permitting ,a ,onshore and offshore oil and gas leasing #aaja4 ,onshore oil and gas leasing 7a7 ,mineral ,leasing ,act reforms 7#a7 ,protested lease sales ,section #ag7;b77#a77;,a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;b77#a77;,a77 is amended by inserting after the seventh sentence the following3 ,the ,secretary of the ,interior shall resolve any protest to a lease sale within #fj days following such payment4 ,notwithstanding any other provision of law1 if the ,secretary of the ,interior denies a protest to a lease sale1 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 #aifi 7#db ,u4,s4,c4 #dcba et seq4744 7#b7 ,effect of litigation ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7 is amended by adding at the end the following3 7r7 ,effect of litigation 7#a7 ,in general ,a civil action relating to an environmental review under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7formerly known as the ,national ,historic ,preservation ,act71 or the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to a lease sale conducted under this section shall not-- 7,a7 affect the validity of a lease issued under the lease sale that is the subject of the civil action2 or 7,b7 except as provided in paragraph 7#c77;,b71 cause a delay in the timelines established under subsection 7p77#b7 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 action4 7#b7 ,remand2 processing of applications for permit to drill ,if1 in a civil action described in paragraph 7#a71 the environmental review for a lease sale is found by the applicable court to violate the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47-- 7,a7 notwithstanding chapter #e or #g of title #e1 ,united ,states ,code 7commonly referred to as the ,administrative ,procedure ,act71 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 violation2 and 7,b7 the ,secretary of the ,interior shall continue to process all applicable applications for permit to drill pursuant to subsection 7p77#b74 7#c7 ,notice 7,a7 ,in general ,not later than #fj days after the date on which a civil action described in paragraph 7#a7 is filed1 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 action4 7,b7 ,timeline ,not later than #ij days after the date of receipt of a notice under subparagraph 7,a71 the leaseholder may file with the ,secretary of the ,interior a request to pause the timeline under subsection 7e77#a7 with respect to the term of the lease during any period in which the civil action is pending4 4 7#c7 ,lease cancellation ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7 7as amended by paragraph 7#b77 is amended by adding at the end the following3 7s7 ,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 reason1 except for-- 7#a7 the express written agreement to the cancellation by the lessee2 or 7#b7 a determination by the ,secretary of the ,interior that cancellation is appropriate in accordance with section #cajh4cj of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection71 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 #aigf 7#dc ,u4,s4,c4 #agja et seq471 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7formerly known as the ,national ,historic ,preservation ,act71 or the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 4 7#d7 ,limitations for filing oil and gas contests ,section #db of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf-b7 is amended by striking the section designation and all that follows through the period at the end of the second sentence1 and inserting the following3 #db4 ,limitations for filing oil and gas contests 7a7 ,in general ,notwithstanding chapter #e or #g of title #e1 ,united ,states ,code 7commonly referred to as the ,administrative ,procedure ,act71 no action contesting a decision of the ,secretary involving any oil and gas lease sale1 individual lease1 or individual permit shall be maintained unless the action is commenced or taken by not later than #fj days after the date on which the final decision of the ,secretary relating to the action was made4 7b7 ,jurisdiction ,an action contesting a decision of the ,secretary may only be commenced-- 7#a7 for an individual lease or permit1 in the district court of the ,united ,states for the district in which the property1 or some part thereof1 is located2 and 7#b7 for a lease sale1 in a district court of the ,united ,states in the ,state in which the sale occurred4 7c7 ,removal ,a defendant or defendant intervenor in an action challenging a lease sale1 lease1 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 #adda7;c7 of title #bh1 ,united ,states ,code4 4 #aajb4 ,offshore oil and gas leasing 7a7 ,lease or permit cancellation 7#a7 ,in general ,section #e7;a77#b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accd7;a77#b77 is amended-- 7,a7 in the matter preceding subparagraph 7,a71 by striking any lease or permit-- and all that follows through the end of subparagraph 7,b7 and inserting the following3 8any lease or permit-- 7,a7 that the lease or permit shall be considered to be valid and not subject to cancellation by the ,secretary for any reason1 except for-- 7i7 the express written agreement to the cancellation by the lessee or permittee2 or 7ii7 a determination by the ,secretary that cancellation is appropriate 7including cancellation under subsection 7c71 section #h7o71 section #aa7;c77#a71 and subsections 7h77#b77;,c7 and 7j7 of section #be71 in accordance with the regulations prescribed under this section1 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 #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 2 and 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,b74 7#b7 ,conforming amendments 7,a7 ,section #aa7;c77#a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdj7;c77#a77 is amended-- 7i7 in the fourth sentence1 by striking result in any condition described in section #e7;a77#b77;,a77i7 of this ,act and inserting probably cause serious harm or damage to life 7including fish and other aquatic life71 to property1 to any mineral 7in areas leased or not leased71 to the national security or defense1 or to the marine1 coastal1 or human environment2 and 7ii7 in the fifth sentence-- 7,i7 by striking 1 subject to section #e7;a77#b77;,b7 of this ,act12 and 7,,ii7 by striking section #e7;a77#b77;,c7 7i7 or 7ii7 of this ,act and inserting section #e7;a77#b77;,b74 7,b7 ,section #be7;h77#b77;,c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acea7;h77#b77;,c77 is amended1 in the first sentence1 by striking section #e7;a77#b77;,c7 of this ,act and inserting section #e7;a77#b77;,b74 7b7 ,effect of litigation ,section #h of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7 is amended by adding at the end the following3 7q7 ,effect of litigation 7#a7 ,in general ,a civil action relating to an environmental review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to a lease sale conducted under this section shall not-- 7,a7 affect the validity of a lease issued under the lease sale that is the subject of the civil action2 or 7,b7 except as provided in paragraph 7#c77;,b71 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 action4 7#b7 ,remand2 processing of applications for permit to drill ,if1 in a civil action described in paragraph 7#a71 the environmental review for a lease sale is found by the applicable court to violate the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47-- 7,a7 notwithstanding chapter #e or #g of title #e1 ,united ,states ,code 7commonly referred to as the ,administrative ,procedure ,act71 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 violation2 and 7,b7 the ,secretary shall continue to process all applicable applications for permit to drill in accordance with this ,act4 7#c7 ,notice 7,a7 ,in general ,not later than #fj days after the date on which a civil action described in paragraph 7#a7 is filed1 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 action4 7,b7 ,timeline ,not later than #ij days after the date of receipt of a notice under subparagraph 7,a71 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 pending4 4 ,b ,permitting of ,federal oil and gas minerals #abja4 ,cooperative federalism in oil and gas permitting on available ,federal land 7a7 ,in general ,the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 is amended-- 7#a7 by redesignating section #dd as section #df2 and 7#b7 by inserting after section #dc the following3 #dd4 ,cooperative federalism in oil and gas permitting on available ,federal land 7a7 ,definitions ,in this section3 7#a7 ,,apd ,the term ,,apd means a permit-- 7,a7 that grants authority to drill for oil and gas2 and 7,b7 for which an application has been received that includes-- 7i7 a drilling plan2 and 7ii7 evidence of bond coverage4 7#b7 ,available ,federal land ,the term available ,federal land means any ,federal land that-- 7,a7 is located within the boundaries of a ,state2 7,b7 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 ,tribe2 7,c7 is not a unit of the ,national ,park ,system2 7,d7 is not a unit of the ,national ,wildlife ,refuge ,system1 other than a unit of the ,national ,wildlife ,refuge ,system for which oil and gas drilling is allowed under law2 7,e7 is not a congressionally approved wilderness area under the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq472 and 7,f7 has been identified as land available for lease1 or has been leased1 for the exploration1 development1 and production of oil and gas-- 7i7 by the ,bureau of ,land ,management under-- 7,i7 a resource management plan under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 or 7,,ii7 an integrated activity plan with respect to the ,national ,petroleum ,reserve-,alaska2 or 7ii7 by the ,forest ,service under a ,national ,forest management plan under the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjj et seq474 7#c7 ,drilling plan ,the term drilling plan means a plan described in section #cafb4c-a7;e7 of title #dc1 ,code of ,federal ,regulations 7or a successor regulation74 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#e7 ,state applicant ,the term ,state applicant means a ,state that submits an application under subsection 7c74 7#f7 ,state program ,the term ,state program means a program in a ,state under which the ,state may-- 7,a7 issue ,a,p,ds1 approve drilling plans1 approve sundry notices1 approve suspensions of operations or production1 or grant rights-of-way on available ,federal land2 and 7,b7 impose sanctions for violations of ,state laws1 regulations1 or any condition of an issued ,,apd or approved drilling plan1 as applicable4 7#g7 ,sundry notice ,the term sundry notice means a written request submitted pursuant to section #cagc4aj of title #dc1 ,code of ,federal ,regulations 7or successor regulations74 7#h7 ,suspension of operations or production ,the term suspension of operations or production means a suspension of operations or production described in section #ag or section #ci4 7b7 ,authorizations 7#a7 ,in general ,on receipt of an application under subsection 7c71 the ,secretary may delegate to a ,state exclusive authority-- 7,a7 to issue an ,,apd on available ,federal land2 7,b7 to approve drilling plans on available ,federal land2 7,c7 to approve sundry notices relating to work performed on available ,federal land2 7,d7 to approve suspensions of operations or production2 and 7,e7 to grant rights-of-way in accordance with paragraph 7#c74 7#b7 ,inspection and enforcement ,on request of a ,state for which authority is delegated under paragraph 7#a71 the authority delegated may include the authority to inspect and enforce an ,,apd1 drilling plan1 or right-of-way1 as applicable4 7#c7 ,rights-of-way ,the authority to grant a right-of-way delegated to a ,state under paragraph 7#a77;,e7 shall be the authority of the ,secretary or the ,secretary of ,agriculture1 as applicable1 under section #eja of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa7 and section #bh of this ,act1 to grant1 issue1 or renew rights-of-way over1 upon1 under1 or through available ,federal land4 7#d7 ,effect of ,federal environmental reviews ,a ,state for which authority is delegated under paragraph 7#a7 shall continue processing applications for an ,,apd1 applications for approval of a drilling plan1 applications for approval of a sundry notice1 and applications to grant a right-of-way1 regardless of whether the ,federal ,government is carrying out any review related to the ,,apd1 drilling plan1 sundry notice1 or right-of-way under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#e7 ,effect of state enforcement action ,if a ,state for which authority is delegated under paragraph 7#a7 imposes a sanction for violating a condition of an issued ,,apd or approved drilling plan1 the ,secretary may not issue a penalty for the same violation under section #aji of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agai74 7c7 ,state application process 7#a7 ,submission of application ,a ,state seeking a delegation of authority under subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of subsection 7b77#a7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including a description of the ,state program that the ,state proposes to administer under ,state law4 7#b7 ,deadline for approval or disapproval ,not later than #ahj days after the date on which an application under paragraph 7#a7 is received1 the ,secretary shall approve or disapprove the application4 7#c7 ,requirements for approval 7,a7 ,in general ,the ,secretary may approve an application received under paragraph 7#a7 only if the ,secretary determines that-- 7i7 the ,state applicant would be at least as effective as the ,secretary in issuing ,a,p,ds1 approving drilling plans1 approving sundry notices1 approving suspensions of operations or production1 or granting rights-of-way1 as applicable2 7ii7 the ,state program of the ,state applicant-- 7,i7 complies with this ,act2 and 7,,ii7 provides for the termination or modification of an issued ,,apd1 approved drilling plan1 approved sundry notice1 approved suspension of operations or production1 or granted right-of-way1 as applicable1 for cause1 including for-- 7aa7 the violation of any condition of the issued ,,apd1 approved drilling plan1 approved sundry notice1 approved suspension of operations or production1 or granted right-of-way2 7bb7 obtaining the issued ,,apd1 approved drilling plan1 approved sundry notice1 approved suspension of operations or production1 or granted right-of-way by misrepresentation2 or 7cc7 failure to fully disclose in the application all relevant facts2 7iii7 the ,state applicant has sufficient administrative and technical personnel and sufficient funding to carry out the ,state program2 and 7iv7 approval of the application would not result in decreased royalty payments owed to the ,united ,states under section #ce7;a74 7,b7 ,memoranda of understanding ,with respect to a ,state applicant seeking authority under subsection 7b77#b7 to inspect and enforce ,a,p,ds1 drilling plans1 or rights-of-way1 as applicable1 before approving the application of the ,state applicant1 the ,secretary shall enter into a memorandum of understanding with the ,state applicant under paragraph 7#f7 that describes the ,federal and ,state responsibilities with respect to the inspection and enforcement4 7,c7 ,public notice ,before approving an application received under paragraph 7#a71 the ,secretary shall-- 7i7 provide public notice of the application2 7ii7 solicit public comment for the application2 and 7iii7 hold a public hearing for the application in the ,state4 7#d7 ,disapproval ,if the ,secretary disapproves an application submitted under paragraph 7#a71 the ,secretary shall provide to the ,state applicant written notification of-- 7,a7 the reasons for the disapproval1 including any information1 data1 or analysis on which the disapproval is based2 and 7,b7 any revisions or modifications necessary to obtain approval4 7#e7 ,resubmittal of application ,a ,state may resubmit an application under paragraph 7#a7 at any time4 7#f7 ,state memoranda of understanding ,before a ,state submits an application under paragraph 7#a71 the ,secretary1 on request of the ,state1 may enter into a memorandum of understanding with the ,state regarding the proposed ,state program-- 7,a7 to describe the ,federal and ,state responsibilities for oil and gas regulations2 7,b7 to provide technical assistance2 and 7,c7 to share best management practices4 7d7 ,administrative fees for ,a,p,ds 7#a7 ,in general ,a ,state for which authority has been delegated under subsection 7b77#a77;,a7 may collect a fee for each application for an ,,apd that is submitted to the ,state4 7#b7 ,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 7b77#a77;,a74 7#c7 ,use ,a ,state shall use #ajj percent of the fees collected under this subsection for the administration of the approved ,state program of the ,state4 7e7 ,voluntary termination of authority 7#a7 ,in general ,after providing written notice to the ,secretary1 a ,state may voluntarily terminate any authority delegated to the ,state under subsection 7b77#a7 on expiration of the #fj-;day period beginning on the date on which the ,secretary receives the written notice4 7#b7 ,resumption by ,secretary ,on termination of the authority delegated to a ,state under paragraph 7#a71 the ,secretary shall resume any activities for which authority was delegated to the ,state under subsection 7b77#a74 7f7 ,appeal of denial of application ,if a ,state for which the ,secretary has delegated authority under subsection 7b77#a7 denies an application submitted under subsection 7c77#a71 the applicant may appeal the decision to the ,office of ,hearings and ,appeals of the ,department of the ,interior4 7g7 ,federal administration of ,state program 7#a7 ,notification ,if the ,secretary has reason to believe that a ,state is not administering or enforcing an approved ,state program1 the ,secretary shall notify the relevant ,state regulatory authority of any possible deficiencies4 7#b7 ,state response ,not later than #cj days after the date on which a ,state receives notification of a possible deficiency under paragraph 7#a71 the ,state shall-- 7,a7 take appropriate action to correct the possible deficiency2 and 7,b7 notify the ,secretary of the action in writing4 7#c7 ,determination 7,a7 ,in general ,on expiration of the #cj-;day period described in paragraph 7#b71 the ,secretary shall issue public notice of any determination of the ,secretary that-- 7i7 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 ,state2 or 7ii7 the ,state has not demonstrated the capability and intent of the ,state to administer or enforce the ,state program of the ,state4 7,b7 ,appeal ,a ,state may appeal the determination of the ,secretary under subparagraph 7,a7 in the applicable district court of the ,united ,states4 7,c7 ,resumption by ,secretary pending appeal ,the ,secretary may not resume activities under paragraph 7#d7 if an appeal under subparagraph 7,b7 is pending4 7#d7 ,resumption by ,secretary ,except as provided in paragraph 7#c77;,c71 if the ,secretary has made a determination under paragraph 7#c77;,a71 the ,secretary shall resume any activities for which authority was delegated to the ,state during the period-- 7,a7 beginning on the date on which the ,secretary issues the public notice under paragraph 7#c77;,a72 and 7,b7 ending on the date on which the ,secretary determines that the ,state may administer or enforce1 as applicable1 the approved ,state program of the ,state4 7#e7 ,standing ,a ,state with an approved regulatory program shall have standing to sue the ,secretary for any action taken under this subsection4 4 7b7 ,existing authorities ,section #cij7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeidb7;a77 is amended-- 7#a7 by striking ,action by the ,secretary and inserting ,the ,secretary2 7#b7 by striking with respect to any of the activities described in subsection 7b7 shall be subject to a rebuttable presumption that the use of and inserting shall apply2 and 7#c7 by striking would apply if the activity and inserting for each action described in subsection 7b7 if the action4 #abjb4 ,permitting compliance on non-,federal land 7a7 ,in general ,notwithstanding the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq471 the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agja et seq471 or subpart #cafb of part #cafj of title #dc1 ,code of ,federal ,regulations 7or successor regulations71 but subject to any applicable ,state or ,tribal requirements and subsection 7c71 the ,secretary of the ,interior shall not require a permit to drill for an oil and gas lease under the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 for an action occurring within an oil and gas drilling or spacing unit if-- 7#a7 the ,federal ,government-- 7,a7 owns less than #ej percent of the minerals within the oil and gas drilling or spacing unit2 and 7,b7 does not own or lease the surface estate within the area directly impacted by the action2 7#b7 the well is located on non-,federal land overlying a non-,federal mineral estate1 but some portion of the wellbore enters and produces from the ,federal mineral estate subject to the lease2 or 7#c7 the well is located on non-,federal land overlying a non-,federal mineral estate1 but some portion of the wellbore traverses but does not produce from the ,federal mineral estate subject to the lease4 7b7 ,notification ,for each ,state permit to drill or drilling plan that would impact or extract oil and gas owned by the ,federal ,government-- 7#a7 each lessee of ,federal minerals in the unit1 or designee of a lessee1 shall-- 7,a7 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 application2 and 7,b7 provide a copy of the application described in subparagraph 7,a7 to the ,secretary of the ,interior not later than #e days after the date on which the permit or plan is submitted2 7#b7 each lessee1 designee of a lessee1 or applicable ,state shall notify the ,secretary of the ,interior of the approved ,state permit to drill or drilling plan not later than #de days after the date on which the permit or plan is approved2 and 7#c7 each lessee or designee of a lessee shall provide1 prior to commencing drilling operations1 agreements authorizing the ,secretary of the ,interior to enter non-,federal land1 as necessary1 for inspection and enforcement of the terms of the ,federal lease4 7c7 ,nonapplicability to ,indian lands ,subsection 7a7 shall not apply to ,indian lands 7as defined in section #c of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agjb774 7d7 ,effect ,nothing in this section affects-- 7#a7 other authorities of the ,secretary of the ,interior under the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agja et seq472 or 7#b7 the amount of royalties due to the ,federal ,government from the production of the ,federal minerals within the oil and gas drilling or spacing unit4 7e7 ,authority on non-,federal land ,section #ag7;g7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;g77 is amended-- 7#a7 by striking the subsection designation and all that follows through ,secretary of the ,interior1 or in the first sentence and inserting the following3 7g7 7#a7 ,the ,secretary of the ,interior1 or 2 and 7#b7 by adding at the end the following3 7#b7 7,a7 ,in the case of an oil and gas lease under this ,act on land described in subparagraph 7,b7 located within an oil and gas drilling or spacing unit1 nothing in this ,act authorizes the ,secretary of the ,interior-- 7i7 to require a bond to protect non-,federal land2 7ii7 to enter non-,federal land without the consent of the applicable landowner2 7iii7 to impose mitigation requirements2 or 7iv7 to require approval for surface reclamation4 7,b7 ,land referred to in subparagraph 7,a7 is-- 7i7 land with respect to which the ,federal ,government-- 7,i7 owns less than #ej percent of the minerals within the oil and gas drilling or spacing unit2 and 7,,ii7 does not own or lease the surface estate within the area directly impacted by the action2 7ii7 non-,federal land overlying a non-,federal mineral estate on which the applicable well is located1 but some portion of the wellbore enters and produces from the ,federal mineral estate subject to the lease2 or 7iii7 non-,federal land overlying a non-,federal mineral estate on which the well is located1 but some portion of the wellbore traverses but does not produce from the ,federal mineral estate subject to the lease4 4 #abjc4 ,state and ,tribal authority for hydraulic fracturing regulation ,the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 is amended by inserting after section #dd 7as added by section #abja7;a77#b77 the following3 #de4 ,state and ,tribal authority for hydraulic fracturing regulation 7a7 ,definitions ,in this section3 7#a7 ,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 capture4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,enforcement of ,federal regulations ,the ,secretary shall not enforce any ,federal regulation1 guidance1 or permit requirement regarding hydraulic fracturing relating to oil1 gas1 or geothermal production activities on or under any land in any ,state that has regulations1 guidance1 or permit requirements for that activity4 7c7 ,state authority ,the ,secretary shall defer to ,state regulations1 guidance1 and permit requirements for all activities regarding hydraulic fracturing relating to oil1 gas1 or geothermal production activities on ,federal land4 7d7 ,transparency of ,state regulations 7#a7 ,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 land1 including the regulations that require disclosure of chemicals used in hydraulic fracturing operations4 7#b7 ,availability ,the ,secretary shall make available to the public on the website of the ,secretary the regulations submitted under paragraph 7#a74 7e7 ,tribal authority on trust land ,the ,secretary shall not enforce any ,federal regulation1 guidance1 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 ,tribe1 except with the express consent of the beneficiary on whose behalf the land is held in trust or restricted status4 4 ,c ,liquefied natural gas exports #acja4 ,action on applications to export liquefied natural gas 7a7 ,definitions ,in this section3 7#a7 ,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 #c7;a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7a774 7#b7 ,covered facility ,the term covered facility means a liquefied natural gas export facility for which a proposal to site1 construct1 expand1 or operate is required to be approved by-- 7,a7 the ,secretary2 and 7,b7 7i7 the ,federal ,energy ,regulatory ,commission2 or 7ii7 the ,maritime ,administration4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,decision deadline ,the ,secretary shall issue a final decision on a covered application not later than #de days after the later of-- 7#a7 the date on which each review required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to the siting1 construction1 expansion1 or operation of the covered facility that is the subject of the covered application is concluded in accordance with subsection 7c72 and 7#b7 the date of enactment of this ,act4 7c7 ,conclusion of review ,for purposes of subsection 7b71 a review required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 shall be concluded on the date on which the lead agency1 as applicable-- 7#a7 publishes a notice of availability of the final environmental impact statement1 for a covered facility requiring an environmental impact statement2 7#b7 publishes a notice of availability of the environmental assessment and associated finding of no significant impact1 for a covered facility for which an environmental assessment has been prepared2 or 7#c7 determines that the covered application is eligible for a categorical exclusion pursuant to the implementing regulations of that ,act4 7d7 ,untimely final decision 7#a7 ,in general ,if the ,secretary fails to issue a final decision under subsection 7b7 by the applicable date required under that subsection1 the covered application shall be considered approved1 and the environmental review issued by the lead agency under subsection 7c7 shall be considered sufficient to satisfy all requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,final agency action ,a determination under paragraph 7#a7 shall be considered to be a final agency action4 7e7 ,judicial review 7#a7 ,in general ,except for review in the ,supreme ,court of the ,united ,states1 the court of appeals of the ,united ,states for the circuit in which a covered facility is1 or will be1 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 application4 7#b7 ,expedited review ,the applicable ,united ,states ,court of ,appeals shall-- 7,a7 set any civil action brought under this subsection for expedited review2 and 7,b7 set the action on the docket as soon as practicable after the filing date of the initial pleading4 7#c7 ,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 ,act1 the petition shall be-- 7,a7 on a motion by the applicant1 transferred to the court of appeals of the ,united ,states in which the covered facility that is the subject of the covered application is1 or will be1 located2 and 7,b7 adjudicated in accordance with this subsection4 #acjb4 ,small scale ,,lng access ,section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,expedited application and approval process 7#a7 ,in general ,for purposes of subsection 7a71 the following actions shall be considered to be consistent with the public interest1 and applications for each of the following actions shall be granted without modification or delay3 7,a7 ,the importation of natural gas referred to in subsection 7b74 7,b7 ,the exportation of natural gas in a volume of not more than #ea1gej1jjj1jjj cubic feet per year1 subject to the last sentence of subsection 7a74 7,c7 ,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 gas4 7#b7 ,exclusion ,subparagraphs 7,b7 and 7,c7 of paragraph 7#a7 shall not apply to any nation subject to sanctions imposed by the ,united ,states4 4 ,,ii ,mineral leasing and permitting #bjja4 ,land use plan criteria under the ,federal ,land ,policy and ,management ,act of #aigf ,section #bjb7;c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab7;c77 is amended-- 7#a7 in paragraph 7#h71 by striking and at the end2 7#b7 by redesignating paragraph 7#i7 as paragraph 7#aj72 and 7#c7 by inserting after paragraph 7#h7 the following3 7#i7 7,a7 review a mineral resource assessment applicable to the public lands covered by the land use plan that was completed during the #aj-year period ending on the effective date of the land use plan2 and 7,b7 in consultation with the ,secretary of ,energy and the ,secretary of ,defense1 determine the significance of the minerals located within the public lands to energy security1 national security1 and economic security1 in accordance with subparagraph 7,a72 and 4 #bjjb4 ,congressional approval of withdrawals under the ,federal ,land ,policy and ,management ,act of #aigf ,section #bjd7;c77#a7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agad7;c77#a77 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 #ij 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 withdrawal4 #bjjc4 ,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 statute4 #bjjd4 ,coal leases on ,federal land 7a7 ,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 7,steam7 ,coal 7,,doi-,,blm-,,wo-,,wo#bajj-bjai-jjja-;, ,ea7 is deemed to satisfy the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for purposes of the issuance of new coal leases on ,federal land4 7b7 ,offering of leases2 acceptance of bids ,section #b7;a77#a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bja7;a77#a77 is amended-- 7#a7 in the first sentence-- 7,a7 by striking he finds and inserting the ,secretary of the ,interior finds2 and 7,b7 by striking he shall1 in his discretion1 upon the request of any qualified applicant or on his own motion1 from time to time1 offer and inserting the ,secretary of the ,interior1 not later than #ij days after the date of receipt of the request of any qualified applicant1 or on the motion of the ,secretary of the ,interior not fewer than #d times each calendar year1 shall offer2 and 7#b7 in the fifth sentence1 by striking ,no bid shall be accepted which is less than the fair market value1 as determined by the ,secretary1 and inserting ,no bid shall be accepted that is less than the fair market value1 as determined by the ,secretary of the ,interior by the date that is #de days after the date of receipt of the bid14 #bjje4 ,modification to definitions of critical material and critical mineral and critical mineral designation criteria 7a7 ,definitions of critical material and critical mineral 7#a7 ,definition of critical material ,section #gjjb7;a77#b77;,a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a77#b77;,a77 is amended1 in the matter preceding clause 7i71 by striking non-fuel4 7#b7 ,definition of critical mineral ,section #gjjb7;a77#c77;,b77i7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a77#c77;,b77i77 is amended by striking fuel minerals and inserting oil1 oil shale1 coal 7excluding metallurgical coal71 or natural gas4 7b7 ,modification to critical mineral designation criteria ,section #gjjb7;c77#d77;,a77ii7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;c77#d77;,a77ii77 is amended by inserting significant projected domestic production decline1 after abrupt demand growth14 #bjjf4 ,permitting process improvements 7a7 ,definitions ,in this section3 7#a7 ,byproduct ,the term byproduct has the meaning given the term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7#b7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,mineral ,the term mineral means any mineral subject to sections #bcai through #bcdd of the ,revised ,statutes 7commonly known as the ,mining ,law of #ahgb7 7#cj ,u4,s4,c4 #bb et seq471 and minerals located on lands acquired by the ,united ,states 7as defined in section #b of the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea774 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#e7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 and 7,g7 the ,united ,states ,virgin ,islands4 7b7 ,minerals supply chain and reliability ,section #djbjf of the ,infrastructure ,investment and ,jobs ,act 7#cj ,u4,s4,c4 #afjg7 is amended-- 7#a7 in the section heading1 by striking ,critical minerals and inserting ,minerals2 7#b7 by striking subsection 7a7 and inserting the following3 7a7 ,definitions ,in this section3 7#a7 ,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 project4 7#b7 ,mineral ,the term mineral has the meaning given the term in section #bjjf7;a7 of the ,let ,america ,build ,act of #bjbf4 7#c7 ,mineral exploration or mine permit ,the term mineral exploration or mine permit means-- 7,a7 an authorization of the ,bureau of ,land ,management or the ,forest ,service1 as applicable1 for exploration for minerals that require analysis under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 a plan of operations for a mineral project approved by the ,bureau of ,land ,management or the ,forest ,service2 or 7,c7 any other ,federal permit or authorization for a mineral project4 7#d7 ,mineral project ,the term mineral project means a project that-- 7,a7 is located on-- 7i7 a mining claim1 millsite claim1 or tunnel site claim for any mineral2 7ii7 lands open to mineral entry2 or 7iii7 a ,federal mineral lease2 and 7,b7 is for the purposes of exploring for or producing minerals4 2 7#c7 in subsection 7b71 by striking critical each place it appears2 7#d7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking critical mineral production on ,federal land and inserting mineral projects2 and 7ii7 by striking practicable1 shall complete the and inserting practicable1 and in accordance with subsection 7h71 shall complete those2 7,b7 in paragraph 7#a71 by striking critical mineral-related activities on ,federal land and inserting mineral projects2 7,c7 in paragraph 7#h71 by striking and at the end2 7,d7 in paragraph 7#i71 by striking the period at the end and inserting 2 and2 and 7,e7 by adding at the end the following3 7#aj7 deferring to and relying on baseline data1 analyses1 and reviews performed by ,state agencies with jurisdiction over the environmental or reclamation permits for the proposed mineral project4 2 7#e7 in subsection 7d7-- 7,a7 by striking critical each place it appears2 and 7,b7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by striking mineral-related activities on ,federal land and inserting mineral projects2 7#f7 in subsection 7e71 by striking critical2 7#g7 in subsection 7f71 by striking critical each place it appears2 7#h7 in subsection 7g71 by striking critical2 and 7#i7 by adding at the end the following3 7h7 ,other requirements 7#a7 ,memorandum of agreement ,to maximize efficiency and effectiveness of the ,federal permitting and review processes described in subsection 7c71 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 subsection4 7#b7 ,consultation ,a lead agency described in paragraph 7#a7 shall carry out that paragraph in consultation with-- 7,a7 any other ,federal agency involved in the applicable ,federal permitting and review processes2 and 7,b7 on request of the project applicant1 an affected ,state government1 local government1 ,indian ,tribe1 or other entity that the lead agency determines appropriate4 7#c7 ,timelines and schedules 7,a7 ,deadlines ,any timeline or schedule established under subsection 7c77#a7 relating to a review under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 shall require that the review process not exceed-- 7i7 #a year for an environmental assessment2 and 7ii7 #b years for an environmental impact statement4 7,b7 ,extension ,a project applicant may enter into #a or more agreements with a lead agency to extend #a or more of the deadlines described in subparagraph 7,a7 by not more than #f months4 7,c7 ,adjustment of timelines ,at the request of a project applicant1 the lead agency and any other entity that is a signatory to a memorandum of agreement under paragraph 7#a7 may1 by unanimous agreement1 adjust-- 7i7 any deadlines described in subparagraph 7,a72 and 7ii7 any deadlines extended under subparagraph 7,b74 7,d7 ,deadline for issuance of authorizations ,for a proposed agency action with a timeline or schedule established under subsection 7c77#a7 and a review process established in accordance with subparagraph 7,a71 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 #ij days after the date on which the applicable environmental impact statement or environmental assessment is published in the ,federal ,register4 7#d7 ,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 #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7#e7 ,effect on pending applications ,on a written request by a project applicant1 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 #bjbf4 4 7c7 ,federal register process improvement ,section #gjjb7;f7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;f77 is amended-- 7#a7 in paragraph 7#b71 by striking critical in each place it appears2 and 7#b7 by striking paragraph 7#d74 7d7 ,designation of mining as a covered sector for ,federal permitting improvement purposes ,section #dajja7f77;,a7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7#f77;,a77 is amended in the matter preceding clause 7i7 by inserting minerals production1 before or any other sector4 7e7 ,mineral exploration activities with limited surface disturbance 7#a7 ,definition of ,secretary concerned ,in this subsection1 the term ,secretary concerned means-- 7,a7 the ,secretary1 with respect to land under the jurisdiction of the ,secretary2 or 7,b7 the ,secretary of ,agriculture1 with respect to land of the ,national ,forest ,system4 7#b7 ,notice ,an operator may submit to the ,secretary concerned a notice requesting to carry out mineral exploration activities other than casual use1 which shall include a description of the mineral exploration activities and subsequent reclamation activities intended to be carried out4 7#c7 ,approval ,notwithstanding any other provision of law1 not later than #ae calendar days after receiving a notice under paragraph 7#b71 the ,secretary concerned shall allow the activities described in the notice to proceed if-- 7,a7 the surface disturbance on ,federal land will not exceed #be acres2 7,b7 the ,secretary concerned determines that the notice is complete2 and 7,c7 financial assurance is provided4 7f7 ,hardrock mining mill sites 7#a7 ,multiple mill sites ,section #bccg of the ,revised ,statutes 7#cj ,u4,s4,c4 #db7 is amended by adding at the end the following3 7c7 ,additional mill sites 7#a7 ,definitions ,in this subsection3 7,a7 ,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 on1 or production from land included in a plan of operations4 7,b7 ,operations2 ,operator ,the terms operations and operator have the meanings given those terms in section #chji4e of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection74 7,c7 ,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 ,agriculture1 as applicable1 must approve before an operator may begin operations1 in accordance with1 as applicable-- 7i7 subpart #chji of part #chjj of title #dc1 ,code of ,federal ,regulations 7or successor regulations establishing application and approval requirements72 and 7ii7 part #bbh of title #cf1 ,code of ,federal ,regulations 7or successor regulations establishing application and approval requirements74 7,d7 ,public land ,the term public land means land owned by the ,united ,states that is open to location under sections #bcai through #bcdd of the ,revised ,statutes 7#cj ,u4,s4,c4 #bb et seq471 including-- 7i7 land that is mineral-in-character 7as defined in section #chcj4e of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection772 7ii7 nonmineral land 7as defined in section #chcj4e of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection772 and 7iii7 land where the mineral character has not been determined4 7#b7 ,use of public land ,notwithstanding subsections 7a7 and 7b71 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 operations1 the proprietor may-- 7,a7 locate and include within the plan of operations as many mill site claims under this subsection as are reasonably necessary for its operations2 and 7,b7 use or occupy public land in accordance with an approved plan of operations4 7#c7 ,mill sites convey no mineral rights ,a mill site under this subsection does not convey mineral rights to the locator4 7#d7 ,size of mill sites ,a location of a single mill site under this subsection shall not exceed #e acres4 7#e7 ,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 claim4 7#f7 ,effect on mining claims ,the location of a mill site under this subsection shall not affect the validity of any lode or placer claim1 or any rights associated with such a claim4 7#g7 ,patenting ,a mill site under this subsection shall not be eligible for patenting4 7#h7 ,savings provisions ,nothing in this subsection-- 7,a7 diminishes any right 7including a right of entry1 use1 or occupancy7 of a claimant2 7,b7 creates or increases any right 7including a right of exploration1 entry1 use1 or occupancy7 of a claimant on land that is not open to location under the general mining laws2 7,c7 modifies any provision of law or any prior administrative action withdrawing land from location or entry2 7,d7 limits the right of the ,federal ,government to regulate mining and mining-related activities 7including requiring claim validity examinations to establish the discovery of a valuable mineral deposit7 in areas withdrawn from mining1 including under-- 7i7 the general mining laws2 7ii7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7iii7 the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq472 7iv7 subchapter ,,iii of chapter #ajjg of title #ed1 ,united ,states ,code2 7v7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7vi7 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7commonly referred to as the #8,national ,historic ,preservation ,act'72 or 7vii7 section #d of the ,act of ,july #bc1 #aiee 7commonly known as the ,surface ,resources ,act of #aiee7 7#fi ,stat4 #cfh1 chapter #cge2 #cj ,u4,s4,c4 #fab72 7,e7 restores any right 7including a right of entry1 use1 or occupancy1 or right to conduct operations7 of a claimant that-- 7i7 existed prior to the date on which the land was closed to1 or withdrawn from1 location under the general mining laws2 and 7ii7 that has been extinguished by such closure or withdrawal2 or 7,f7 modifies section #djd of division ,e of the ,consolidated ,appropriations ,act1 #bjbd 7,public ,law #aah-db2 #ach ,stat4 #bhd74 4 7#b7 ,abandoned hardrock mine fund 7,a7 ,establishment ,there is established in the ,treasury of the ,united ,states a separate account1 to be known as the ,abandoned ,hardrock ,mine ,fund 7referred to in this paragraph as the ,fund74 7,b7 ,source of deposits ,any amounts collected by the ,secretary of the ,interior pursuant to the claim maintenance fee under section #ajaja7;a77#a7 of the ,omnibus ,budget ,reconciliation ,act of #aiic 7#cj ,u4,s4,c4 #bh;f7a77#a77 on mill sites located under subsection 7c7 of section #bccg of the ,revised ,statutes 7#cj ,u4,s4,c4 #db7 shall be deposited into the ,fund4 7,c7 ,use ,the ,secretary of the ,interior may make expenditures from amounts available in the ,fund1 without further appropriations1 only to carry out section #djgjd of the ,infrastructure ,investment and ,jobs ,act 7#cj ,u4,s4,c4 #abde74 7,d7 ,allocation of funds ,amounts made available under subparagraph 7,c7-- 7i7 shall be allocated in accordance with paragraph 7#a7 of section #djgjd7;e7 of the ,infrastructure ,investment and ,jobs ,act 7#cj ,u4,s4,c4 #abde7;e772 and 7ii7 may be transferred in accordance with paragraph 7#b7 of that section4 7#c7 ,clerical amendments ,section #ajaja of the ,omnibus ,budget ,reconciliation ,act of #aiic 7#cj ,u4,s4,c4 #bh;f7 is amended-- 7,a7 by striking the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh-bh;e7 each place it appears and inserting sections #bcai through #bcdd of the ,revised ,statutes 7#cj ,u4,s4,c4 #bb et seq472 7,b7 in subsection 7a7-- 7i7 in paragraph 7#a7-- 7,i7 in the second sentence1 by striking ,such claim maintenance fee and inserting the following3 7,b7 ,fee ,the claim maintenance fee under subparagraph 7,a7 2 and 7,,ii7 in the first sentence1 by striking ,the holder of and inserting the following3 7,a7 ,in general ,the holder of 2 and 7ii7 in paragraph 7#b7-- 7,i7 in the second sentence-- 7aa7 by striking the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh to #bh;e7 and inserting sections #bcai through #bcdd of the ,revised ,statutes 7#cj ,u4,s4,c4 #bb et seq472 and 7bb7 by striking ,such claim maintenance fee and inserting the following3 7,b7 ,fee ,the claim maintenance fee under subparagraph 7,a7 2 and 7,,ii7 in the first sentence1 by striking ,the holder of and inserting the following3 7,a7 ,in general ,the holder of 2 and 7,c7 in subsection 7b7-- 7i7 in the second sentence1 by striking ,the location fee and inserting the following3 7#b7 ,fee ,the location fee 2 and 7ii7 in the first sentence1 by striking ,the claim main tenance fee and inserting the following3 7#a7 ,in general ,the claim maintenance fee 4 7g7 ,limitation on judicial review 7#a7 ,in general ,notwithstanding any other provision of law1 a claim arising under ,federal law seeking judicial review of a permit1 license1 or approval issued by a lead agency 7as defined in section #djbjf7;a7 of the ,infrastructure ,investment and ,jobs ,act 7#cj ,u4,s4,c4 #afjg7;a777 for a mining project shall be barred unless it is filed not later than #fj days after the date of publication of a notice in the ,federal ,register announcing that the permit1 license1 or approval is final in accordance with the law under which the agency action is taken1 unless a shorter time is specified in the ,federal law pursuant to which judicial review is allowed4 7#b7 ,savings clause ,nothing in this subsection-- 7,a7 establishes a right to judicial review2 or 7,b7 places any limit on filing a claim that a person has violated the terms of a permit1 license1 or approval4 7h7 ,remand ,notwithstanding any other provision of law1 no approval of a mineral exploration or mine permit 7as defined in section #djbjf7;a7 of the ,infrastructure ,investment and ,jobs ,act 7#cj ,u4,s4,c4 #afjg7;a777 shall be vacated or otherwise limited1 delayed1 or enjoined unless the applicable court concludes that-- 7#a7 allowing the proposed action will pose a risk of an imminent and substantial environmental harm2 and 7#b7 there is no other equitable remedy available as a matter of law4 ,,iii ,federal ,energy ,regulatory ,commission #cjja4 ,federal authorizations under the ,natural ,gas ,act ,section #ae of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7 is amended-- 7#a7 in subsection 7a71 by striking 7a7 ,in this section1 and inserting the following3 7a7 ,definition of ,federal authorization ,in this section1 2 7#b7 in subsection 7e7-- 7,a7 in the second sentence1 by striking ,in any proceeding and inserting the following3 7#b7 ,proceedings ,in any proceeding 2 and 7,b7 by striking 7e7 ,hearings under this act and inserting the following3 7e7 ,hearings and proceedings 7#a7 ,hearings ,hearings under this ,act 2 7#c7 in subsection 7f7-- 7,a7 in the second sentence1 by striking ,no informality and inserting the following3 7#b7 ,informalities ,no informality 2 and 7,b7 by striking 7f7 ,all hearings1 and inserting the following3 7f7 ,governing rules 7#a7 ,in general ,all hearings1 2 and 7#d7 by inserting after subsection 7f7 the following3 7g7 ,additional requirements 7#a7 ,definition of ,effects ,in conducting a review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 relating to any ,federal authorization 7or to any other decision relating to the issuance of an order or certificate1 or the approval or denial of an application1 under section #c or #g71 the ,commission shall consider the term effects1 as used in that ,act with respect to impacts and effects1 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-- 7,a7 are reasonably foreseeable1 not speculative1 and not remote in time or geographically remote2 7,b7 have a reasonably close causal relationship that is not the product of a lengthy causal chain to the proposed action or alternative action1 respectively1 as determined by the ,commission2 7,c7 the ,commission has the ability to prevent and that would not occur absent the proposed action or alternative action2 and 7,d7 do not constitute potential effects from emissions upstream or downstream of the facility that is the subject of the application under section #c or #g4 7#b7 ,requirement ,for purposes of paragraph 7#a77;,b71 a but for causal relationship is insufficient to establish a reasonably close causal relationship4 7#c7 ,alternatives ,in conducting a review described in paragraph 7#a71 any alternatives required to be analyzed under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 by the ,commission shall-- 7,a7 meet the purpose and need for the proposed action2 7,b7 where applicable1 meet the goals of the applicant2 and 7,c7 be within the authority of the ,federal agency to control4 7#d7 ,no use of social cost metrics ,in conducting a review described in paragraph 7#a71 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 emissions4 4 #cjjb4 ,federal authorizations under section #baf of the ,federal ,power ,act ,section #baf7;h7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7h77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,b71 by striking 7,b7 ,the term and inserting the following3 7,b7 ,inclusions ,in this subsection1 the term 2 and 7,b7 by striking 7#a7 ,in this subsection and all that follows through ,the term in subparagraph 7,a7 and inserting the following3 7#a7 ,definition of ,federal authorization 7,a7 ,in general ,in this subsection1 the term 2 and 7#b7 by adding at the end the following3 7#aj7 ,additional requirements 7,a7 ,definition of effects ,in conducting a review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 relating to any ,federal authorization 7or to any other decision relating to the issuance of a ,federal authorization1 or the approval or denial of an application1 under this section71 the ,commission shall consider the term effects1 as used in that ,act with respect to impacts and effects1 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-- 7i7 are reasonably foreseeable1 not speculative1 and not remote in time or geographically remote2 7ii7 have a reasonably close causal relationship that is not the product of a lengthy causal chain to the proposed action or alternative action1 respectively1 as determined by the ,commission2 7iii7 the ,commission has the ability to prevent and that would not occur absent the proposed action or alternative action2 and 7iv7 do not constitute potential effects from emissions upstream or downstream of the facility that is the subject of the application under this section4 7,b7 ,requirement ,for purposes of subparagraph 7,a77ii71 a but for causal relationship is insufficient to establish a reasonably close causal relationship4 7,c7 ,alternatives ,in conducting a review described in subparagraph 7,a71 any alternatives required to be analyzed under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 by the ,commission shall-- 7i7 meet the purpose and need for the proposed action2 7ii7 where applicable1 meet the goals of the applicant2 and 7iii7 be within the authority of the ,federal agency to control4 7,d7 ,no use of social cost metrics ,in conducting a review described in subparagraph 7,a71 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 emissions4 4 #cjjc4 ,promoting interagency coordination for review of natural gas projects 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,environmental review ,the term environmental review means the process of preparing1 for a proposed agency action in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47-- 7,a7 an environmental impact statement2 7,b7 an environmental assessment2 7,c7 a categorical exclusion2 7,d7 a finding of no significant impact2 and 7,e7 a record of decision4 7#c7 ,federal authorization ,the term ,federal authorization has the meaning given that term in section #ae7;a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7a774 7#d7 ,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 #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f74 7b7 ,commission responsibilities ,in acting as the lead agency under section #ae7;b77#a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7b77#a77 for the purposes of complying with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f71 the ,commission shall1 in accordance with this section and other applicable ,federal law-- 7#a7 be the only lead agency2 7#b7 coordinate as early as practicable with each agency designated as a participating agency under subsection 7d77#c7 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 responsible2 and 7#c7 take such actions as are necessary and proper to facilitate the expeditious resolution of its project-related environmental review4 7c7 ,deference to ,commission ,in making a decision with respect to a ,federal authorization required with respect to an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f71 each agency shall give deference1 to the maximum extent authorized by law1 to the scope of the project-related environmental review that the ,commission determines to be appropriate4 7d7 ,participating agencies 7#a7 ,identification ,the ,commission shall identify1 not later than #cj days after the ,commission receives an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f71 any ,federal or ,state agency1 local government1 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 certificate4 7#b7 ,invitation 7,a7 ,in general ,not later than #de days after the ,commission receives an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f71 the ,commission shall invite any agency identified under paragraph 7#a7 to participate in the review process for the applicable ,federal authorization4 7,b7 ,deadline ,an invitation issued under subparagraph 7,a7 shall establish a deadline by which a response to the invitation shall be submitted to the ,commission1 which may be extended by the ,commission for good cause4 7#c7 ,designation as participating agencies ,not later than #fj days after the ,commission receives an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f71 the ,commission shall designate an agency identified under paragraph 7#a7 as a participating agency with respect to that application unless the agency informs the ,commission1 in writing1 by the deadline established pursuant to paragraph 7#b77;,b71 that the agency-- 7,a7 has no jurisdiction or authority with respect to the applicable ,federal authorization2 7,b7 has no special expertise or information relevant to any project-related environmental review2 or 7,c7 does not intend to submit comments for the record for the project-related environmental review conducted by the ,commission4 7#d7 ,effect of non-designation 7,a7 ,effect on agency ,any agency that is not designated as a participating agency under paragraph 7#c7 with respect to an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f7 may not request or conduct an environmental review that is supplemental to the project-related environmental review conducted by the ,commission1 unless the agency-- 7i7 demonstrates that such review is legally necessary for the agency to carry out responsibilities in considering an aspect of an application for a ,federal authorization2 and 7ii7 requires information that could not have been obtained during the project-related environmental review conducted by the ,commission4 7,b7 ,comments2 record ,the ,commission shall not1 with respect to an agency that is not designated as a participating agency under paragraph 7#c7 with respect to an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f7-- 7i7 consider any comments or other information submitted by such agency for the project-related environmental review conducted by the ,commission2 or 7ii7 include any such comments or other information in the record for such project-related environmental review4 7e7 ,schedule 7#a7 ,deadline for ,federal authorizations ,a deadline for a ,federal authorization required with respect to an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f7 set by the ,commission under section #ae7;c77#a7 of that ,act 7#ae ,u4,s4,c4 #gagn7c77#a77 shall be not later than #ij days after the ,commission completes its project-related environmental review1 unless an applicable schedule is otherwise established by ,federal law4 7#b7 ,concurrent reviews ,each ,federal and ,state agency-- 7,a7 that may consider an application for a ,federal authorization required with respect to an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f7 shall formulate and implement a plan for administrative1 policy1 and procedural mechanisms to enable the agency to ensure completion of ,federal authorizations in compliance with schedules established by the ,commission under section #ae7;c77#a7 of that ,act 7#ae ,u4,s4,c4 #gagn7c77#a772 and 7,b7 in considering an aspect of an application for a ,federal authorization required with respect to an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f71 shall-- 7i7 formulate and implement a plan to enable the agency to comply with the schedule established by the ,commission under section #ae7;c77#a7 of that ,act 7#ae ,u4,s4,c4 #gagn7c77#a772 7ii7 carry out the obligations of that agency under applicable law concurrently1 and in conjunction with1 the project-related environmental review conducted by the ,commission1 and in compliance with that schedule1 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 obligations2 7iii7 transmit to the ,commission a statement-- 7,i7 acknowledging receipt of the schedule established by the ,commission under section #ae7;c77#a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7c77#a772 and 7,,ii7 setting forth the plan formulated under clause 7i72 7iv7 not later than #cj days after the agency receives such application for a ,federal authorization1 transmit to the applicant a notice-- 7,i7 indicating whether such application is ready for processing2 and 7,,ii7 if such application is not ready for processing1 that includes a comprehensive description of the information needed for the agency to determine that the application is ready for processing2 7v7 determine that such application for a ,federal authorization is ready for processing for purposes of clause 7iv7 if such application is sufficiently complete for the purposes of commencing consideration1 regardless of whether supplemental information is necessary to enable the agency to complete the consideration required by law with respect to such application2 and 7vi7 not less often than once every #ij days1 transmit to the ,commission a report describing the progress made in considering such application for a ,federal authorization4 7#c7 ,failure to meet deadline ,if a ,federal or ,state agency1 including the ,commission1 fails to meet a deadline for a ,federal authorization set forth in the schedule established by the ,commission under section #ae7;c77#a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7c77#a771 not later than #e days after such deadline1 the head of the relevant ,federal agency 7including1 in the case of a failure by a ,state agency1 the ,federal agency overseeing the delegated authority7 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 applied4 7f7 ,consideration of applications for ,federal authorization 7#a7 ,issue identification and resolution 7,a7 ,identification ,federal and ,state agencies that may consider an aspect of an application for a ,federal authorization shall identify1 as early as possible1 any issues of concern that may delay or prevent an agency from working with the ,commission to resolve such issues and granting the ,federal authorization4 7,b7 ,issue resolution ,the ,commission may forward any issue of concern identified under subparagraph 7,a7 to the heads of the relevant agencies 7including1 in the case of an issue of concern that is a failure by a ,state agency1 the ,federal agency overseeing the delegated authority1 if applicable7 for resolution4 7#b7 ,remote surveys 7,a7 ,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 data1 the agency shall consider any such data gathered by aerial or other remote means that the person submits4 7,b7 ,conditional approval ,the agency may grant a conditional approval for a ,federal authorization based on data gathered by aerial or remote means1 conditioned on the verification of such data by subsequent onsite inspection4 7#c7 ,application processing ,the ,commission1 and ,federal and ,state agencies1 may allow a person applying for a ,federal authorization to fund a third-party contractor to assist in reviewing the application for the ,federal authorization4 7g7 ,accountability1 transparency1 efficiency 7#a7 ,in general ,for an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f7 that requires multiple ,federal authorizations1 the ,commission1 with input from any ,federal or ,state agency considering an aspect of the application1 shall track and make available to the public on the website of the ,commission information related to the actions required to complete the ,federal authorizations4 7#b7 ,inclusions ,the information described in paragraph 7#a7 shall include the following3 7,a7 ,the schedule established by the ,commission under section #ae7;c77#a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7c77#a774 7,b7 ,a list of all the actions required by each applicable agency to complete permitting1 reviews1 and other actions necessary to obtain a final decision on the application4 7,c7 ,the expected completion date for each action described in subparagraph 7,b74 7,d7 ,a point of contact at the agency responsible for each action described in subparagraph 7,b74 7,e7 ,in the event that an action is still pending as of the expected date of completion1 a brief explanation of the reasons for the delay4 7h7 ,pipeline security ,in considering an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f71 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 security1 pipeline cybersecurity1 pipeline personnel security1 and other pipeline security measures4 #cjjd4 ,tolling order reform for the ,natural ,gas ,act ,section #ai7;a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagr7a77 is amended1 in the fourth sentence1 by striking thirty and inserting #fj4 #cjje4 ,tolling order reform for the ,federal ,power ,act ,section #cac7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbel7a77 is amended1 in the fourth sentence1 by striking thirty and inserting #fj4 #cjjf4 ,de novo review of civil penalties under the ,natural ,gas ,act ,section #bb7;b7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagt-#a7;b77 is amended by inserting before the period at the end the following3 1 in accordance with the same provisions as are applicable under section #ca7;d7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;b7d77 in the case of civil penalties assessed under that section of that ,act 7#af ,u4,s4,c4 #hbc;b74 #cjjg4 ,judicial review ,section #ai7;d77#c7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagr7d77#c77 is amended1 in the first sentence1 by inserting 1 is not supported by clear and convincing evidence1 after such permit4