(a) Short title.—This Act may be cited as the “Spur Permitting of Underdeveloped Resources Act” or the “SPUR Act”.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

(a) Definitions.—In this section:

(1) ONSHORE OIL AND GAS LEASE SALE.—The term “onshore oil and gas lease sale” means an oil and gas lease sale conducted under section 17 of the Mineral Leasing Act (30 U.S.C. 226).

(2) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

(b) Onshore oil and gas lease sales.—

(1) CONGRESSIONAL DECLARATION OF POLICY.—Consistent with the policy described in section 102(a)(12) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701(a)(12)) that the Bureau of Land Management manage public land “in a manner which recognizes the Nation’s need for domestic sources of minerals” from public land, Congress declares that it is the policy of the United States that it is in the national interest for the Department of the Interior to move forward expeditiously to immediately resume quarterly onshore oil and gas lease sales.

(2) REQUIREMENT TO IMMEDIATELY RESUME ONSHORE OIL AND GAS LEASE SALES.—The Secretary shall immediately resume quarterly onshore oil and gas lease sales in accordance with section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)).

(3) STATUTORY LEASE TERMS.—During the 5-year period beginning on the date of enactment of this Act, in order to promote increased production on Federal land, the Secretary may, on a determination that it is in the national interest, reduce the applicable royalty rate on individual leases issued under an onshore oil and gas lease sale to not less than 12.5 percent.

(4) APPROVED RESOURCE MANAGEMENT PLAN REQUIREMENT.—In conducting a quarterly onshore oil and gas lease sale in a State described in section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)), the Secretary—

(A) shall offer not less than 25 percent of available parcels nominated for oil and gas development under the applicable resource management plan in effect for relevant Bureau of Land Management resource management areas within the applicable State; and

(B) shall not restrict the parcels offered to 1 Bureau of Land Management field office within the applicable State unless all nominated parcels are located within the same Bureau of Land Management field office.

(5) REPLACEMENT SALES.—If, for any reason, an onshore oil and gas lease sale for a calendar year is canceled, delayed, or deferred or is paused due to section 208 of Executive Order 14008 (42 U.S.C. 4321 note; relating to tackling the climate crisis at home and abroad), the Secretary shall conduct a replacement sale by not later than 180 days after the date of the cancellation, delay, deferral, or pause, as applicable.

(c) Mineral Leasing Act reforms.—

(1) EXPRESSIONS OF INTEREST FOR OIL AND GAS LEASING.—

(A) IN GENERAL.—Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by striking the section designation and all that follows through the end of subsection (a) and inserting the following:

(B) REFUND OF EXPRESSION OF INTEREST FEE.—Section 17(q) of the Mineral Leasing Act (30 U.S.C. 226(q)) is amended—

(i) by striking “Secretary” each place it appears and inserting “Secretary of the Interior”;

(ii) in paragraph (1), by striking “nonrefundable”; and

(iii) by adding at the end the following:

“(3) REFUND FOR NONWINNING BID.—If a person other than the person who submitted the expression of interest is the highest responsible qualified bidder for a parcel of land covered by the applicable expression of interest in a lease sale conducted under this section—

“(A) as a condition of the issuance of the lease, the person who is the highest responsible qualified bidder shall pay to the Secretary of the Interior an amount equal to the applicable fee paid by the person who submitted the expression of interest; and

“(B) not later than 10 days after the date of the lease sale, the Secretary of the Interior shall refund to the person who submitted the expression of interest an amount equal to the amount of the initial fee paid.”.

(2) PROTESTED LEASE SALES.—Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended by inserting after the seventh sentence the following: “The Secretary of the Interior shall resolve any protest to a lease sale within 60 days following such payment. Notwithstanding any other provision of law, if the Secretary of the Interior denies a protest to a lease sale, any lease subject to the protest shall not be subject to further environmental review by the Secretary of the Interior pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).”.

(3) EFFECT OF LITIGATION.—Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following:

“(r) Effect of litigation.—

“(1) IN GENERAL.—A civil action relating to an environmental review under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), division A of subtitle III of title 54, United States Code (formerly known as the ‘National Historic Preservation Act’), or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a lease sale conducted under this section shall not—

“(A) affect the validity of a lease issued under the lease sale that is the subject of the civil action; or

“(B) except as provided in paragraph (3)(B), cause a delay in the timelines established under subsection (p)(2) for the consideration of an application for permit to drill with respect to a lease issued under the lease sale that is the subject of the civil action.

“(2) REMAND; PROCESSING OF APPLICATIONS FOR PERMIT TO DRILL.—If, in a civil action described in paragraph (1), the environmental review for a lease sale is found by the applicable court to violate the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)—

“(A) notwithstanding chapter 5 or 7 of title 5, United States Code (commonly referred to as the ‘Administrative Procedure Act’), the applicable court shall not set aside the lease sale and vacate the leases issued pursuant to the sale but instead remand the matter to the Secretary of the Interior to resolve the violation; and

“(B) the Secretary of the Interior shall continue to process all applicable applications for permit to drill pursuant to subsection (p)(2).

“(3) NOTICE.—

“(A) IN GENERAL.—Not later than 60 days after the date on which a civil action described in paragraph (1) is filed, the Secretary of the Interior shall notify the holder of any lease issued under the lease sale that is the subject of the civil action of the filing of the civil action.

“(B) TIMELINE.—Not later than 90 days after the date of receipt of a notice under subparagraph (A), the leaseholder may file with the Secretary of the Interior a request to pause the timeline under subsection (e)(1) with respect to the term of the lease during any period in which the civil action is pending.”.

(4) LEASE CANCELLATION.—Section 17 of the Mineral Leasing Act (30 U.S.C. 226) (as amended by paragraph (3)) is amended by adding at the end the following:

“(s) Lease cancellation.—A lease issued under this section shall be considered to be valid and not subject to cancellation by the Secretary of the Interior for any reason, except for—

“(1) the express written agreement to the cancellation by the lessee; or

“(2) a determination by the Secretary of the Interior that cancellation is appropriate in accordance with section 3108.3 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection), subject to the limitation that a lease may not be determined to be improperly issued under that section based on a finding by a Federal court that the environmental review for the lease sale pursuant to which the lease was issued was in violation of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), division A of subtitle III of title 54, United States Code (formerly known as the ‘National Historic Preservation Act’), or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).”.

(5) LIMITATIONS FOR FILING OIL AND GAS CONTESTS.—Section 42 of the Mineral Leasing Act (30 U.S.C. 226–2) is amended by striking the section designation and all that follows through the period at the end of the second sentence, and inserting the following:

(a) 2023–2028 outer continental shelf oil and gas leasing program.—

(1) IN GENERAL.—Notwithstanding any other provision of law, not later than September 30, 2023, the Secretary of the Interior (referred to in this section as the “Secretary”) shall approve a final 2023–2028 oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344).

(2) WAIVER.—In order to meet the deadline described in paragraph (1), the Secretary may—

(A) limit any comment periods required under subsections (c) and (d) of section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344); and

(B) waive any other requirements under that section that would delay final approval of the oil and gas leasing program described in paragraph (1).

(3) REQUIREMENTS.—The oil and gas leasing program described in paragraph (1) shall include the following:

(A) A minimum of 2 Gulf of Mexico region-wide lease sales each year in the following planning areas of the Gulf of Mexico region, as described in the final program decision document entitled “2017–2020 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016)”:

(i) The Central Gulf of Mexico Planning Area.

(ii) The Western Gulf of Mexico Planning Area.

(B) At least 1 region-wide lease sale in the Alaska regions of the outer Continental Shelf, as described in the final program decision document entitled “2017–2020 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016)”.

(4) STATUTORY LEASE TERMS.—During the 5-year period beginning on the date of enactment of this Act, in order to promote increased production on the outer Continental Shelf, the Secretary may, on a determination that it is in the national interest, reduce the applicable royalty rate on individual oil and gas leases issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to not less than 12.5 percent.

(b) Subsequent offshore leasing programs.—Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended—

(1) in subsection (a), in the first sentence of the matter preceding paragraph (1), by striking “subsections (c) and (d) of this section” and inserting “subsections (c) through (f)”;

(2) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively;

(3) by inserting after subsection (e) the following:

“(f) Subsequent leasing programs.—

“(1) IN GENERAL.—Not later than 36 months after conducting the first lease sale under an oil and gas leasing program prepared pursuant to this section, the Secretary shall begin preparing the subsequent oil and gas leasing program under this section.

“(2) REQUIREMENT.—Each subsequent oil and gas leasing program under this section—

“(A) shall be approved not later than 180 days before the expiration of the previous oil and gas leasing program; and

“(B) shall contain a minimum of 5 lease sales.”; and

(4) by conforming the margin of subsection (j) (as so redesignated) to the margin of subsection (i) (as so redesignated).

(c) Lease or permit cancellation.—

(1) IN GENERAL.—Section 5(a)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2)) is amended—

(A) in the matter preceding subparagraph (A), by striking “any lease or permit—” and all that follows through the end of subparagraph (B) and inserting the following: “any lease or permit—

“(A) that the lease or permit shall be considered to be valid and not subject to cancellation by the Secretary for any reason, except for—

“(i) the express written agreement to the cancellation by the lessee or permittee; or

“(ii) a determination by the Secretary that cancellation is appropriate (including cancellation under subsection (c), section 8(o), section 11(c)(1), and subsections (h)(2)(C) and (j) of section 25), in accordance with the regulations prescribed under this section, subject to the limitation that a lease or permit may not be cancelled by the Secretary based on a finding by a Federal court that the environmental review for the lease sale pursuant to which the lease was issued was in violation of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and”; and

(B) by redesignating subparagraph (C) as subparagraph (B).

(2) CONFORMING AMENDMENTS.—

(A) Section 11(c)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1340(c)(1)) is amended—

(i) in the fourth sentence, by striking “result in any condition described in section 5(a)(2)(A)(i) of this Act” and inserting “probably cause serious harm or damage to life (including fish and other aquatic life), to property, to any mineral (in areas leased or not leased), to the national security or defense, or to the marine, coastal, or human environment”; and

(ii) in the fifth sentence—

(I) by striking “, subject to section 5(a)(2)(B) of this Act,”; and

(II) by striking “section 5(a)(2)(C) (i) or (ii) of this Act” and inserting “section 5(a)(2)(B)”.

(B) Section 25(h)(2)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1351(h)(2)(C)) is amended, in the first sentence, by striking “section 5(a)(2)(C) of this Act” and inserting “section 5(a)(2)(B)”.

(d) Effect of litigation.—Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following:

“(q) Effect of litigation.—

“(1) IN GENERAL.—A civil action relating to an environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a lease sale conducted under this section shall not—

“(A) affect the validity of a lease issued under the lease sale that is the subject of the civil action; or

“(B) except as provided in paragraph (3)(B), cause a delay in the timelines for the consideration of an application for permit to drill with respect to a lease issued under the lease sale that is the subject of the civil action.

“(2) REMAND; PROCESSING OF APPLICATIONS FOR PERMIT TO DRILL.—If, in a civil action described in paragraph (1), the environmental review for a lease sale is found by the applicable court to violate the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)—

“(A) notwithstanding chapter 5 or 7 of title 5, United States Code (commonly referred to as the ‘Administrative Procedures Act’), the applicable court shall not set aside the lease sale and vacate the leases issued pursuant to the sale but instead remand the matter to the Secretary of the Interior to resolve the violation; and

“(B) the Secretary shall continue to process all applicable applications for permit to drill in accordance with this Act.

“(3) NOTICE.—

“(A) IN GENERAL.—Not later than 60 days after the date on which a civil action described in paragraph (1) is filed, the Secretary shall notify the holder of any lease issued under the lease sale that is the subject of the civil action of the filing of the civil action.

“(B) TIMELINE.—Not later than 90 days after the date of receipt of a notice under subparagraph (A), the leaseholder may file with the Secretary a request to pause the timeline with respect to the term of the lease during any period in which the civil action is pending.”.

(a) In general.—The President shall not, through Executive order or any other administrative procedure, pause, cancel, delay, defer, or otherwise impede or circumvent the Federal energy mineral leasing processes under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or a related rulemaking process required by subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”), without congressional approval.

(b) Rebuttable presumption.—There shall be a rebuttable presumption that any attempt by the President to pause, cancel, delay, defer, or otherwise impede or circumvent any Federal energy mineral leasing or permitting process under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or a related rulemaking process required by subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”), without congressional approval, is a violation of the applicable law.

Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the following:

“(4) TERM.—An application for permit to drill approved under this subsection shall be valid for the 4-year period beginning on the date of the approval.”.

(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:

(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”.

(a) In general.—Notwithstanding the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.), or subpart 3162 of title 43, Code of Federal Regulations (or successor regulations), but subject to any State or Tribal requirements and subsection (c), the Secretary of the Interior shall not require a permit to drill for an oil and gas lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) for an action occurring within an oil and gas drilling or spacing unit if—

(1) less than 50 percent of the minerals within the oil and gas drilling or spacing unit are minerals owned by the Federal Government; and

(2) the Federal Government does not own or lease the surface estate within the area directly impacted by the action.

(b) Notification.—For each State permit to drill or drilling plan that would impact or extract oil and gas owned by the Federal Government—

(1) each lessee, or designee of a lessee, shall—

(A) notify the Secretary of the Interior of the submission of a State application for a permit to drill or drilling plan on submission of the application; and

(B) provide a copy of the application described in subparagraph (A) to the Secretary of the Interior not later than 5 days after the date on which the permit or plan is submitted; and

(2) each lessee, designee of a lessee, or applicable State shall notify the Secretary of the Interior of the approved State permit to drill or drilling plan not later than 45 days after the date on which the permit or plan is approved.

(c) Nonapplicability to Indian lands.—Subsection (a) shall not apply to Indian lands (as defined in section 3 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1702)).

(d) Effect.—Nothing in this section affects—

(1) other authorities of the Secretary of the Interior under the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.); or

(2) the amount of royalties due to the Federal Government from the production of the Federal minerals within the oil and gas drilling or spacing unit.

SEC. 1204. Fee-fee-fed permitting compliance.

SEC. 1205. State and Tribal authority for hydraulic fracturing regulation.

(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.

“(c) Expedited application and approval process.—

“(1) IN GENERAL.—For purposes of subsection (a), the following actions shall be deemed to be consistent with the public interest, and applications for each of the following actions shall be granted without modification or delay:

“(A) The importation of natural gas referred to in subsection (b).

“(B) The exportation of natural gas in a volume of not more than 51,750,000,000 cubic feet per year, subject to the last sentence of subsection (a).

“(C) The exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas.

“(2) EXCLUSION.—Subparagraphs (B) and (C) of paragraph (1) shall not apply to any nation subject to sanctions imposed by the United States.”.

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”.

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.”.

(a) Definitions.—In this section:

(1) MINERAL.—The term “mineral” means any mineral subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the “Mining Law of 1872”) (30 U.S.C. 22 et seq.) and any mineral located on lands acquired by the United States (as defined in section 2 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351)).

(2) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

(b) Prohibition of certain moratoria.—The Secretary may not declare a moratorium on issuing leases, claims, or permits on Federal land, including land on the outer Continental Shelf, for the mining of minerals or related activities.

(c) Prohibition on rescission of certain leases, permits, or claims.—The President or the Secretary or the Secretary of Agriculture, as applicable, may not rescind any lease, permit, or claim for the mining and extraction of any mineral on National Forest System land or Bureau of Land Management land unless—

(1) specifically authorized by an Act of Congress; or

(2) the lessee, permittee, or claimant fails to comply with a provision of the applicable lease, permit, or claim.

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.

(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,”.

(a) Definitions of critical material and critical mineral.—

(1) DEFINITION OF CRITICAL MATERIAL.—Section 7002(a)(2)(A) of the Energy Act of 2020 (30 U.S.C. 1606(a)(2)(A)) is amended, in the matter preceding clause (i), by striking “non-fuel’’.

(2) DEFINITION OF CRITICAL MINERAL.—Section 7002(a)(3)(B)(i) of the Energy Act of 2020 (30 U.S.C. 1606(a)(3)(B)(i)) is amended by striking “fuel minerals” and inserting “oil, oil shale, coal, or natural gas”.

(b) Modification to critical mineral designation criteria.—Section 7002(c)(4)(A)(ii) of the Energy Act of 2020 (30 U.S.C. 1606(c)(4)(A)(ii)) is amended by inserting “significant projected domestic production decline,” after “abrupt demand growth,”.

(a) Definitions.—In this section:

(1) BYPRODUCT.—The term “byproduct” has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).

(2) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(3) MINERAL.—The term “mineral” means any mineral subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the “Mining Law of 1872”) (30 U.S.C. 22 et seq.), and minerals located on lands acquired by the United States (as defined in section 2 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351)).

(4) SECRETARY.—Except as otherwise provided, the term “Secretary” means the Secretary of the Interior.

(5) STATE.—The term “State” means—

(A) a State;

(B) the District of Columbia;

(C) the Commonwealth of Puerto Rico;

(D) Guam;

(E) American Samoa;

(F) the Commonwealth of the Northern Mariana Islands; and

(G) the United States Virgin Islands.

(b) Minerals supply chain and reliability.—Section 40206 of the Infrastructure Investment and Jobs Act (30 U.S.C. 1607) is amended—

(1) in the section heading, by striking “Critical minerals” and inserting “Minerals”;

(2) by striking subsection (a) and inserting the following:

“(a) Definitions.—In this section:

“(1) LEAD AGENCY.—The term ‘lead agency’ means the Federal agency with primary responsibility for issuing a mineral exploration or mine permit or lease for a mineral project.

“(2) MINERAL.—The term ‘mineral’ has the meaning given the term in section 2007(a) of the Spur Permitting of Underdeveloped Resources Act.

“(3) MINERAL EXPLORATION OR MINE PERMIT.—The term ‘mineral exploration or mine permit’ means—

“(A) an authorization of the Bureau of Land Management or the Forest Service, as applicable, for exploration for minerals that requires analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

“(B) a plan of operations for a mineral project approved by the Bureau of Land Management or the Forest Service; or

“(C) any other Federal permit or authorization for a mineral project.

“(4) MINERAL PROJECT.—The term ‘mineral project’ means a project that—

“(A) is located on—

“(i) a mining claim, millsite claim, or tunnel site claim for any mineral;

“(ii) lands open to mineral entry; or

“(iii) a Federal mineral lease; and

“(B) is for the purposes of exploring for or producing minerals.”;

(3) in subsection (b), by striking “critical” each place it appears;

(4) in subsection (c)—

(A) in the matter preceding paragraph (1)—

(i) by striking “critical mineral production on Federal land” and inserting “mineral projects”; and

(ii) by striking “practicable, shall complete the” and inserting “practicable, and in accordance with subsection (h), shall complete those”;

(B) in paragraph (1), by striking “critical mineral-related activities on Federal land” and inserting “mineral projects”;

(C) in paragraph (8), by striking “and” at the end;

(D) in paragraph (9), by striking the period at the end and inserting “; and”; and

(E) by adding at the end the following:

“(10) deferring to and relying on baseline data, analyses, and reviews performed by State agencies with jurisdiction over the environmental or reclamation permits for the proposed mineral project.”;

(5) in subsection (d)—

(A) by striking “critical” each place it appears; and

(B) in paragraph (3), in the matter preceding subparagraph (A), by striking “mineral-related activities on Federal land” and inserting “mineral projects”;

(6) in subsection (e), by striking “critical”;

(7) in subsection (f), by striking “critical” each place it appears;

(8) in subsection (g), by striking “critical”; and

(9) by adding at the end the following:

“(h) Other requirements.—

“(1) MEMORANDUM OF AGREEMENT.—To maximize efficiency and effectiveness of the Federal permitting and review processes described in subsection (c), the lead agency in the Federal permitting and review processes of a mineral project shall enter into a memorandum of agreement with a project applicant on request by the applicant to carry out the activities described in subsection (c).

“(2) CONSULTATION.—A lead agency described in paragraph (1) shall carry out that paragraph in consultation with—

“(A) any other Federal agency involved in the applicable Federal permitting and review processes; and

“(B) on request of the project applicant, an affected State government, local government, Indian Tribe, or other entity that the lead agency determines appropriate.

“(3) TIMELINES AND SCHEDULES.—

“(A) DEADLINES.—Any timelines or schedules established under subsection (c)(1) relating to a review under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall require that the review process not exceed—

“(i) 1 year for an environmental assessment; and

“(ii) 2 years for an environmental impact statement.

“(B) EXTENSION.—A project applicant may enter into one or more agreements with a lead agency to extend 1 or more of the deadlines described in subparagraph (A) by not more than 6 months.

“(C) ADJUSTMENT OF TIMELINES.—At the request of a project applicant, the lead agency and any other entity that is a signatory to a memorandum of agreement under paragraph (1) may, by unanimous agreement, adjust—

“(i) any deadlines described in subparagraph (A); and

“(ii) any deadlines extended under subparagraph (B).

“(D) DEADLINE FOR ISSUANCE OF AUTHORIZATIONS.—For a proposed agency action with a timeline or schedule established under subsection (c)(1) and a review process established in accordance with subparagraph (A), the record of decision prepared for the proposed agency action and all authorizations required under any other Federal law with respect to the proposed agency action shall be issued not later than 90 days after the date on which the applicable environmental impact statement or environmental assessment is published in the Federal Register.

“(4) DOCUMENT PREPARED BY PROJECT APPLICANT.—The lead agency with respect to a mineral project may adopt an environmental impact statement or environmental assessment prepared by or for a project applicant with respect to the mineral project if that document fulfills the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

“(5) EFFECT ON PENDING APPLICATIONS.—On a written request by a project applicant, the requirements of this subsection shall apply to any application for a mineral exploration or mine permit or mineral lease that was submitted before the date of enactment of the Spur Permitting of Underdeveloped Resources Act”..”.

(c) Federal register process improvement.—Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 1606(f)) is amended—

(1) in paragraph (2), by striking “critical” in each place it appears; and

(2) by striking paragraph (4).

(d) Designation of mining as a covered sector for Federal permitting improvement purposes.—Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is amended in the matter preceding clause (i) by inserting “minerals production,” before “or any other sector”.

(e) Mineral exploration activities with limited surface disturbance.—

(1) DEFINITION OF SECRETARY CONCERNED.—In this subsection, the term “Secretary concerned” means—

(A) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; or

(B) the Secretary of Agriculture, with respect to land of the National Forest System.

(2) NOTICE.—An operator may submit to the Secretary concerned notice requesting to carry out mineral exploration activities other than casual use, which shall include a description of the mineral exploration activities and subsequent reclamation activities intended to be carried out.

(3) APPROVAL.—Notwithstanding any other provision of law, not later than 15 calendar days after receiving a notice under paragraph (2), the Secretary concerned shall allow the activities described in the notice to proceed if—

(A) the surface disturbance on Federal land will not exceed 5 acres;

(B) the Secretary concerned determines that the notice is complete; and

(C) financial assurance is provided.

(f) Use of mining claims for ancillary activities.—Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is amended by adding at the end the following:

“(e) Security of tenure.—

“(1) CLAIMANT RIGHTS.—

“(A) DEFINITION OF OPERATIONS.—In this paragraph, the term ‘operations’ means—

“(i) with respect to a locatable mineral, any activity or work carried out in connection with—

“(I) prospecting;

“(II) exploration;

“(III) processing;

“(IV) discovery and assessment;

“(V) development; or

“(VI) extraction;

“(ii) the reclamation of an area disturbed by an activity described in clause (i); and

“(iii) any activity reasonably incident to an activity described in clause (i) or (ii), regardless of whether that incidental activity is carried out on a mining claim, including the construction and maintenance of any facility, road, transmission line, pipeline, or any other necessary infrastructure or means of access on public land.

“(B) RIGHTS TO USE, OCCUPATION, AND OPERATIONS.—A claimant shall have the right to use, occupy, and conduct operations on public land, with or without the discovery of a valuable mineral deposit, if—

“(i) the claimant makes a timely payment of the location fee required by section 10102 and the claim maintenance fee required by subsection (a); or

“(ii) in the case of a claimant who qualifies for a waiver under subsection (d)—

“(I) the claimant makes a timely payment of the location fee required by section 10102; and

“(II) the claimant complies with the required assessment work under the general mining laws.

“(2) FULFILLMENT OF FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976.—A claimant that fulfills the requirements of this section and section 10102 shall be deemed to satisfy any requirements under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for the payment of fair market value to the United States for the use of public land and resources pursuant to the general mining laws.

“(3) SAVINGS CLAUSE.—Nothing in this subsection diminishes any right (including a right of entry, use, or occupancy) of a claimant.”.

(g) Limitation on judicial review.—

(1) IN GENERAL.—Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a lead agency (as defined in subsection (a) of section 40206 of the Infrastructure Investment and Jobs Act (30 U.S.C. 1607)) for a mining project shall be barred unless it is filed not later than 60 days after the date of publication of a notice in the Federal Register announcing that the permit, license, or approval is final in accordance with the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed.

(2) SAVINGS CLAUSE.—Nothing in this subsection—

(A) establishes a right to judicial review; or

(B) places any limit on filing a claim that a person has violated the terms of a permit, license, or approval.

(h) Remand.—Notwithstanding any other provision of law, no approval of a mineral exploration or mine permit as defined in section 40206(a) of the Infrastructure Investment and Jobs Act (30 U.S.C. 1607) (as amended by subsection (b)(2)) shall be vacated or otherwise limited, delayed, or enjoined unless the applicable court concludes allowing such proposed action will pose a risk of an imminent and substantial environmental harm and there is no other equitable remedy available as a matter of law.

(a) Definitions.—In this section:

(1) COMMISSION.—The term “Commission” means the Federal Energy Regulatory Commission.

(2) CRITICAL ELECTRIC INFRASTRUCTURE; DEFENSE CRITICAL ELECTRIC INFRASTRUCTURE; GRID SECURITY EMERGENCY.—The terms “critical electric infrastructure”, “defense critical electric infrastructure”, and “grid security emergency” have the meanings given the terms in section 215A(a) of the Federal Power Act (16 U.S.C. 824o–1(a)).

(3) INTERSTATE NATURAL GAS PIPELINE.—The term “interstate natural gas pipeline” means a facility under the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.) that is engaged in the transportation of natural gas in interstate commerce, or the sale in interstate commerce of natural gas for resale, under section 3 or 7 of that Act (15 U.S.C. 717b, 717f).

(4) NATURAL DISASTER.—The term “natural disaster” means—

(A) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); and

(B) any other natural catastrophe, including a hurricane, tornado, storm, snowstorm, superstorm, flood, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, and wildfire.

(b) Tariff reforms, rate treatments, and rulemaking.—Not later than 1 year after the date of enactment of this Act, the Commission shall adopt tariff provisions and rate treatments, and establish separately, by rule, additional reforms, that, in the determination of the Commission, are necessary to protect the adequacy, affordability, reliability, and security of the supply and delivery of—

(1) electricity, and attributes of electric supply, that enhance the continuance or prompt resumption of the supply or delivery of electricity—

(A) under normal operating conditions; or

(B) during or after—

(i) a grid security emergency; or

(ii) a natural disaster; and

(2) natural gas by interstate natural gas pipelines.

(c) Required considerations.—

(1) IN GENERAL.—In carrying out subsection (b), the Commission shall—

(A) consider whether and the extent to which each of the matters described in subparagraphs (A) through (E) of paragraph (2) have a material impact on the adequacy, affordability, reliability, and security of the supply or delivery of—

(i) electricity; or

(ii) natural gas by interstate natural gas pipelines; and

(B) ensure that the record of the rulemaking proceeding under that subsection reflects that consideration.

(2) MATTERS TO BE CONSIDERED.—In carrying out subsection (b), the Commission shall solicit, consider, and include in the record of the rulemaking proceeding under that subsection evidence of—

(A) with respect to each category of facilities that are subject to the jurisdiction of the Commission and have a material impact on the supply or delivery of electricity, including interstate natural gas pipelines, or of natural gas by interstate natural gas pipelines—

(i) the adequacy, affordability, reliability, and security of—

(I) the facilities in the applicable category;

(II) the contribution to the supply and delivery of electricity or natural gas, as applicable, by the facilities in the applicable category; and

(III) the supply and delivery of other energy products by facilities in the applicable category, to the extent that the supply and delivery of those energy products has a material impact on the supply or delivery of electricity or natural gas, as applicable; and

(ii) rate treatments and tariff reforms that would protect the adequacy, affordability, reliability, and security of the supply and delivery of, as applicable—

(I) electricity; or

(II) natural gas by interstate natural gas pipelines;

(B) the attributes of electric generating units that make a demonstrable contribution to—

(i) grid stability; and

(ii) the continuation or resumption of reliable service in a defined region;

(C) (i) the state of development of relevant energy technologies, including electric technologies; and

(ii) the likelihood of deployment of those technologies during the 7-year period beginning on the date of enactment of this Act;

(D) identifiable threats to—

(i) critical electric infrastructure; and

(ii) defense critical electric infrastructure; and

(E) identifiable impediments to the adequacy, affordability, reliability, or security of the supply and delivery of electricity or of natural gas by interstate natural gas pipelines presented by any precedents or rules of the Commission in effect as of the date of enactment of this Act.

(d) Updates.—

(1) IN GENERAL.—Beginning on the date that is 4 years after the date of enactment of this Act, and every 5 years thereafter, the Commission shall—

(A) revise and update the rule established under subsection (b); or

(B) make a public determination that revising and updating the rule is not necessary at that time.

(2) REQUIREMENT.—In carrying out paragraph (1), the Commission shall solicit, consider, and include in the record of any rulemaking proceeding carried out under subparagraph (A) of that paragraph or any determination made under subparagraph (B) of that paragraph any new evidence or information relating to the matters described in subparagraphs (A) through (E) of subsection (c)(2).

Section 15 of the Natural Gas Act (15 U.S.C. 717n) is amended—

(1) in subsection (a), by inserting before “In this section” the following:

“ DEFINITION OF FEDERAL AUTHORIZATION.—”;

(2) in subsection (e), by inserting before “Hearings under this” the following:

“ HEARINGS AND PROCEEDINGS.—”;

(3) in subsection (f), by inserting before “All hearings,” the following:

“ GOVERNING RULES.—”; and

(4) by inserting after subsection (f) the following:

“(g) Additional requirements.—

“(1) DEFINITION OF EFFECTS.—In conducting a review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to any Federal authorization (or to any other decision relating to the issuance of an order or certificate, or the approval or denial of an application, under section 3 or 7), the Commission shall consider the term ‘effects’, as used in that Act with respect to impacts and effects, to mean physical changes to the human environment as a result of a proposed action or alternative action to be carried out by a Federal agency that—

“(A) are reasonably foreseeable, not speculative, and not remote in time or geographically remote;

“(B) have a reasonably close causal relationship that is not the product of a lengthy causal chain to the proposed action or alternative action, respectively, as determined by the Commission;

“(C) the Commission has the ability to prevent and that would not occur absent the proposed action or alternative action; and

“(D) do not constitute potential effects from emissions upstream or downstream of the facility that is the subject of the application under section 3 or 7.

“(2) REQUIREMENT.—For purposes of paragraph (1)(B), a ‘but for’ causal relationship is insufficient to establish a reasonably close causal relationship.

“(3) ALTERNATIVES.—Any alternatives required to be analyzed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the Commission shall—

“(A) meet the purpose and need for the proposed action;

“(B) where applicable, meet the goals of the applicant; and

“(C) be within the authority of the Federal agency to control.

“(4) NO USE OF SOCIAL COST METRICS.—In conducting a review described in paragraph (1), the Commission shall not consider or apply any metric that purports to estimate the monetized damages or benefits associated with incremental increases or decreases in greenhouse gas emissions.”.

Section 216(h) of the Federal Power Act (16 U.S.C. 824p(h)) is amended—

(1) in paragraph (1)—

(A) by striking “(1) In this subsection” and all that follows through “The term” in subparagraph (A) and inserting the following:

“(1) DEFINITION OF FEDERAL AUTHORIZATION.—

“(A) IN GENERAL.—In this subsection, the term”; and

(B) in subparagraph (B), by striking “(B) The term” and inserting the following:

“(B) INCLUSIONS.—In this subsection, the term”; and

(2) by adding at the end the following:

“(10) ADDITIONAL REQUIREMENTS.—

“(A) DEFINITION OF EFFECTS.—In conducting a review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to any Federal authorization (or to any other decision relating to the issuance of a Federal authorization, or the approval or denial of an application, under this section), the Commission shall consider the term ‘effects’, as used in that Act with respect to impacts and effects, to mean physical changes to the human environment as a result of a proposed action or alternative action to be carried out by a Federal agency that—

“(i) are reasonably foreseeable, not speculative, and not remote in time or geographically remote;

“(ii) have a reasonably close causal relationship that is not the product of a lengthy causal chain to the proposed action or alternative action, respectively, as determined by the Commission;

“(iii) the Commission has the ability to prevent and that would not occur absent the proposed action or alternative action; and

“(iv) do not constitute potential effects from emissions upstream or downstream of the facility that is the subject of the application under this section.

“(B) REQUIREMENT.—For purposes of subparagraph (A)(ii), a ‘but for’ causal relationship is insufficient to establish a reasonably close causal relationship.

“(C) ALTERNATIVES.—Any alternatives required to be analyzed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the Commission shall—

“(i) meet the purpose and need for the proposed action;

“(ii) where applicable, meet the goals of the applicant; and

“(iii) be within the authority of the Federal agency to control.

“(D) NO USE OF SOCIAL COST METRICS.—In conducting a review described in subparagraph (A), the Commission shall not consider or apply any metric that purports to estimate the monetized damages or benefits associated with incremental increases or decreases in greenhouse gas emissions.”.

SEC. 3004. Promoting interagency coordination for review of natural gas projects.

SEC. 3005. Coordination process to protect electric reliability.

Section 205 of the Federal Power Act (16 U.S.C. 824d) is amended by striking subsection (g) and inserting the following:

“(g) Inaction by Commission due to vacancy, incapacity, recusal, or lack of quorum.—With respect to a change described in subsection (d), if the Commission allows the 60-day period described in that subsection to expire without issuing an order accepting or denying the change because the Commissioners are divided 2 against 2 as to the lawfulness of the change, as a result of vacancy, incapacity, or recusal on the Commission, or because the Commission lacks a quorum—

“(1) the Secretary of the Commission shall issue a notice stating the reason that the Commission was unable to issue an order accepting or denying the change;

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”.

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”.

Section 22(b) of the Natural Gas Act (15 U.S.C. 717t–1(b)) is amended by inserting before the period at the end the following: “, in accordance with the same provisions as are applicable under section 31(d) of the Federal Power Act (16 U.S.C. 823b(d)) in the case of civil penalties assessed under section 31 of the Federal Power Act (16 U.S.C. 823b)”.

SEC. 3010. Extension of time to commence construction of certain hydropower projects.

SEC. 3011. Judicial review.

SEC. 3012. Approval for border-crossing facilities.