S. 4765

[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>