; or (ii) that an action is beyond the scope of authority conferred by this section; and (B) any claim relating to any action taken by a Secretary concerned or the Commission relating to the Mountain Valley Pipeline other than an action described in paragraph (1). 204. Rights-of-way across Indian land The first section of the Act of February 5, 1948 (62 Stat. 17, chapter 45; 25 U.S.C. 323 ), is amended by adding at the end the following: Any right-of-way granted by an Indian tribe for the purposes authorized under this section shall not require the approval of the Secretary of the Interior, on the condition that the right-of-way approval process by the Indian tribe substantially complies with subsection (h) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415(h) ), or the Indian tribe has approved regulations under paragraph (1) of that subsection. . 205. Federal Energy Regulatory Commission staffing (a) Consultation deadline Section 401(k)(6) of the Department of Energy Organization Act ( 42 U.S.C. 7171(k)(6) ) is amended— (1) by striking The Chairman and inserting the following: (A) In general The Chairman ; and (2) by adding at the end the following: (B) Deadline The requirement under subparagraph (A) shall be considered met if the Director of the Office of Personnel Management has not taken final action on a plan for applying authorities under this subsection within 120 days of submission of the plan by the Chairman to the Director of the Office of Personnel Management. . (b) Elimination of reporting sunset Section 11004(b)(1) of the Energy Act of 2020 ( 42 U.S.C. 7171 note; Public Law 116–260 ) is amended by striking thereafter for 10 years, and inserting thereafter, .