[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4689 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4689
To amend the Federal Power Act to facilitate more expeditious review
and permitting of certain electric transmission facilities, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 17, 2023
Mr. Peters (for himself, Mr. Veasey, and Mr. Cardenas) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Natural Resources, and
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Federal Power Act to facilitate more expeditious review
and permitting of certain electric transmission facilities, 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.
This Act may be cited as the ``Facilitating America's Siting of
Transmission and Electric Reliability Act of 2023'' or the ``FASTER Act
of 2023''.
SEC. 2. NATIONAL INTEREST ELECTRIC TRANSMISSION FACILITIES.
(a) In General.--Section 216 of the Federal Power Act (16 U.S.C.
824p) is amended to read as follows:
``SEC. 216. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
``(a) Definitions.--In this section:
``(1) Commission.--The term `Commission' means the Federal
Energy Regulatory Commission.
``(2) Community benefit agreement.--
``(A) In general.--The term `community benefit
agreement' means an agreement between CBA parties,
including, at a minimum, at least 1 entity described in
each of subclauses (I) through (IV) of subparagraph
(B)(iii), that--
``(i) relates to a project for the
construction or modification of a national
interest electric transmission facility for
which a permit is sought under subsection (c);
``(ii) is applicable through the
construction (or modification) and operation of
that national interest electric transmission
facility;
``(iii) is negotiated through a process
that includes meaningful engagement, by the
project sponsor, with--
``(I) the applicable 1 or more
agreement entities that are parties to
the agreement; and
``(II) stakeholder groups,
including at least 1 entity described
in each of subclauses (I) and (II) of
subparagraph (B)(v);
``(iv) details specific, measurable, and
legally enforceable CBA commitments;
``(v) includes a detailed plan, with clear
metrics, milestones, and timelines, for
accomplishing CBA commitments;
``(vi) establishes specific roles,
responsibilities, and processes for tracking
and reporting progress with respect to CBA
commitments;
``(vii) establishes clear enforcement
processes to address noncompliance, including
specific penalties for noncompliance; and
``(viii) requires the CBA parties to
annually submit to the Commission a report that
describes, in a transparent manner--
``(I) the CBA commitments included
in the agreement; and
``(II) the progress made with
respect those CBA commitments.
``(B) Associated definitions.--For purposes of this
paragraph:
``(i) Agreement entity.--
``(I) In general.--The term
`agreement entity' means an entity
described in subclause (II) that will
be significantly impacted by project
development, construction, or local
operations activities relating to the
applicable project that is the subject
of the agreement described in
subparagraph (A).
``(II) Entity described.--An entity
referred to in subclause (I) is any of
the following:
``(aa) Any political
subdivision of a State,
including a county and any
subdivision of a county, in
which the project will be
located.
``(bb) A Tribal
governmental entity of an
Indian Tribe that will be
affected by the project.
``(cc) Any other State,
Tribal, or local entity, as the
Commission or the parties to
the applicable agreement
determine to be appropriate.
``(ii) CBA commitment.--The term `CBA
commitment' means a commitment, made by the
project sponsor and detailed in an agreement
described in subparagraph (A), that benefits
stakeholder groups.
``(iii) CBA party.--The term `CBA party'
includes, at a minimum, each of the following:
``(I) The project sponsor.
``(II) An agreement entity.
``(III) A community group.
``(IV) A labor union or equivalent
organization, such as a workforce
development board, representing workers
or trades that will be needed for each
of the construction and operation
(including, if applicable, production)
activities associated with the project
that is the subject of the agreement
described in subparagraph (A).
``(iv) Community group.--The term
`community group' means any of the following:
``(I) An unincorporated association
composed of--
``(aa) underserved,
overburdened, or disadvantaged
communities and members of
those communities in the
applicable agreement entity; or
``(bb) affected landowners
or community members in the
applicable agreement entity.
``(II) A registered organization
described in section 501(c)(3) of the
Internal Revenue Code of 1986 and
exempt from taxation under section
501(a) of that Code that has a history
of--
``(aa) prior work
consistent with the goals
established by the applicable
agreement described in
subparagraph (A); or
``(bb) advocating for
community members in the
applicable agreement entity.
``(v) Stakeholder group.--The term
`stakeholder group' means--
``(I) a community group; and
``(II) a CBA party described in
clause (iii)(IV).
``(C) Requirement.--The Commission shall make all
reports submitted to the Commission in accordance with
subparagraph (A)(viii) publicly available on the
website of the Commission.
``(3) Cooperating agency.--The term `cooperating agency'
has the meaning given the term in section 1508.1 of title 40,
Code of Federal Regulations (or a successor regulation).
``(4) Council.--The term `Council' means the Federal
Permitting Improvement Steering Council established by section
41002(a) of the FAST Act (42 U.S.C. 4370m-1(a)).
``(5) Environmental review document.--The term
`environmental review document' has the meaning given the term
`environmental document' in section 41001 of the FAST Act (42
U.S.C. 4370m).
``(6) Federal authorization.--
``(A) In general.--The term `Federal authorization'
means any authorization required under Federal law in
order to site a national interest electric transmission
facility.
``(B) Inclusions.--The term `Federal authorization'
includes such permits, special use authorizations,
certifications, opinions, or other approvals as may be
required under Federal law in order to site a national
interest electric transmission facility.
``(7) National interest electric transmission facility.--
The term `national interest electric transmission facility'
means--
``(A) an electric transmission facility--
``(i) that is located in a national
interest electric transmission corridor
designated by the Secretary under paragraph (2)
or (5) of subsection (b); and
``(ii) with respect to which the Commission
finds that the proposed construction or
modification of the facility--
``(I) is consistent with the public
interest;
``(II) will significantly reduce
transmission congestion in interstate
commerce;
``(III) will protect or benefit
consumers;
``(IV) is consistent with sound
national energy policy;
``(V) will enhance energy
independence; and
``(VI) will maximize, to the extent
reasonable and economical, the
transmission capabilities of existing
towers or structures; or
``(B) an electric transmission facility that--
``(i) has a transmission capacity of not
less than--
``(I) 345 kilovolts; or
``(II) 750 megawatts; and
``(ii) is located in not fewer than 2
States.
``(8) Participating agency.--The term `participating
agency' has the meaning given the term in section 41001 of the
FAST Act (42 U.S.C. 4370m).
``(9) Prefiling process.--The term `prefiling process'
means the prefiling process established under subsection
(h)(7)(C).
``(10) Qualifying project.--The term `qualifying project'
means a project--
``(A) for the siting, construction, or modification
of a national interest electric transmission facility;
and
``(B) with respect to which the project sponsor
complies with--
``(i) the prefiling regulations described
in subsection (h)(7)(C); and
``(ii) all other applicable regulations
promulgated by the Commission relating to an
application for a permit under subsection (c).
``(11) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(12) State or local authorization.--
``(A) In general.--The term `State or local
authorization' means any authorization required under
State or local law in order to site a transmission
facility.
``(B) Inclusions.--The term `State or local
authorization' includes such permits, special use
authorizations, certifications, opinions, or other
approvals as may be required under State or local law
in order to site a transmission facility.
``(b) Study, Report, and Designation of National Interest Electric
Transmission Corridors.--
``(1) Study.--Not later than 1 year after the date of
enactment of the FASTER Act of 2023, and every 3 years
thereafter, the Secretary, in consultation with affected
States, Indian Tribes, and local governments, shall conduct a
study of electric transmission capacity constraints and
congestion.
``(2) Report and designation.--Not less frequently than
once every 3 years, the Secretary, after considering
alternatives and recommendations from interested parties
(including an opportunity for comment from affected States,
Indian Tribes, and local governments), shall issue a report,
based on the study under paragraph (1) or other information
relating to electric transmission capacity constraints and
congestion, which may designate as a national interest electric
transmission corridor any geographic area that--
``(A) is experiencing electric energy transmission
capacity constraints or congestion that adversely
affects consumers; or
``(B) is expected to experience such energy
transmission capacity constraints or congestion.
``(3) Consultation.--Not less frequently than once every 3
years, the Secretary, in conducting the study under paragraph
(1) and issuing the report under paragraph (2), shall consult
with any appropriate regional entity referred to in section
215.
``(4) Considerations.--In determining whether to designate
a national interest electric transmission corridor under
paragraph (2), the Secretary shall consider whether--
``(A) the economic vitality and development of the
corridor, or the end markets served by the corridor,
may be constrained by lack of adequate or reasonably
priced electricity;
``(B)(i) economic growth in the corridor, or the
end markets served by the corridor, may be jeopardized
by reliance on limited sources of energy; and
``(ii) a diversification of supply is warranted;
``(C) the energy independence or energy security of
the United States would be served by the designation;
``(D) the designation would be in the interest of
national energy policy;
``(E) the designation would enhance national
defense and homeland security;
``(F) the designation would enhance the ability of
facilities that generate or transmit firm or
intermittent energy to connect to the electric grid;
``(G) the designation--
``(i) maximizes and prioritizes existing
rights-of-way; and
``(ii) avoids and minimizes the impact to,
to the maximum extent practicable, and offsets
to the extent appropriate and practicable,
sensitive environmental areas and cultural
heritage sites;
``(H) the designation would result in a reduction
in the cost to purchase electric energy for consumers;
and
``(I) the designation reflects comments received
from affected States, Indian Tribes, and local
governments under paragraph (2).
``(5) Designation by request.--
``(A) In general.--The developer of a project to
construct or modify an electric transmission facility
may submit to the Secretary an application to designate
1 or more proposed routes associated with the project
as a national interest electric transmission corridor.
``(B) Requirement.--A developer described in
subparagraph (A) may submit an application under that
subparagraph only if the developer--
``(i) has begun actively routing the
applicable project;
``(ii) has begun engaging in outreach to--
``(I) the community in which the
proposed route is located; and
``(II) landowners that may be
affected by the construction or
modification of an electric
transmission facility on that proposed
route; and
``(iii) has--
``(I) begun engaging in land
surveys; or
``(II) initiated environmental
compliance work associated with the
project.
``(C) Designation.--The Secretary may designate a
route proposed by a developer in an application
submitted under subparagraph (A) as a national interest
electric transmission corridor if the Secretary
determines that--
``(i) the route is in a geographic area
described in subparagraph (A) or (B) of
paragraph (2); and
``(ii) designation of the route is
consistent with the purposes of such a
designation, taking into consideration the
factors described in paragraph (4).
``(D) Rulemaking.--
``(i) In general.--Not later than 1 year
after the date of enactment of the FASTER Act
of 2023, the Secretary shall promulgate
regulations to carry out this paragraph.
``(ii) Other applicants.--In carrying out
clause (i), the Secretary--
``(I) shall consider whether it
would be appropriate to allow an entity
other than the developer of a
transmission project, such as a Tribal
authority, a State, a non-transmission-
owning utility (such as a transmission-
dependent utility), a local government,
a generation developer, or any other
appropriate entity, to submit an
application for the designation of a
particular route as a national interest
electric transmission corridor; and
``(II) may promulgate regulations
to allow 1 or more entities described
in subclause (I) to submit an
application for a designation described
in that subclause, as the Secretary
determines to be appropriate, subject
to the requirements described in
clauses (i) and (ii) of subparagraph
(C).
``(c) Permit for Construction or Modification of National Interest
Electric Transmission Facilities.--
``(1) In general.--Except as provided in subsection (i),
and subject to paragraph (2), the Commission may issue 1 or
more permits for the construction or modification of national
interest electric transmission facilities if the Commission
finds that--
``(A) a State in which the transmission facilities
are to be constructed or modified does not have
authority--
``(i) to approve the siting of the
facilities; or
``(ii) to consider the interstate benefits
or interregional benefits expected to be
achieved by the proposed construction or
modification of transmission facilities in the
State;
``(B) the applicant for a permit is a transmitting
utility under this Act but does not qualify to apply
for a permit or siting approval for the proposed
project in a State because the applicant does not serve
end-use customers in the State; or
``(C) a State commission or other entity that has
authority to approve the siting of the facilities--
``(i) has not made a determination on an
application seeking approval pursuant to
applicable law by the date that is 1 year after
the date on which the application was filed
with the State commission or other entity;
``(ii) has conditioned its approval in such
a manner that the proposed construction or
modification will not significantly reduce
transmission capacity constraints or congestion
in interstate commerce or is not economically
feasible; or
``(iii) has denied an application seeking
approval pursuant to applicable law.
``(2) Requirement.--The Commission may issue a permit under
paragraph (1) only--
``(A) after the Commission--
``(i) makes a finding described in
subparagraph (A), (B), or (C) of paragraph (1);
``(ii) makes all applicable findings and
determinations necessary to establish that the
applicable facility is a national interest
electric transmission facility described in
subparagraph (A) or (B) of subsection (a)(7);
and
``(iii) provides notice and an opportunity
for hearing with respect to the permit; and
``(B) if the applicant engages in the prefiling
process with respect to the applicable facility.
``(3) Applications.--
``(A) In general.--An application for a permit
under this subsection shall be made in writing to the
Commission.
``(B) Rulemaking.--The Commission shall issue rules
specifying--
``(i) the form of an application for a
permit under this subsection;
``(ii) the information to be contained in
the application; and
``(iii) the manner of service of notice of
the application on interested persons.
``(4) Simultaneous proceedings.--In order to ensure that an
applicant for a permit under this subsection receives the most
timely decision possible with respect to that application, the
prefiling process relating to that application may be initiated
simultaneously with, or at any time after, an application is
submitted to, or any relevant process is initiated with, the
applicable State commission or other State entity that has
authority to approve the siting of the applicable facility.
``(d) Comments.--In any proceeding before the Commission under
subsection (c), the Commission shall afford each State and local
government in which a transmission facility covered by the permit is or
will be located, each affected Federal agency and Indian Tribe, private
property owners, and other interested persons, a reasonable opportunity
to present their views and recommendations with respect to the need for
and impact of a facility covered by the permit.
``(e) Rights-of-Way.--
``(1) In general.--In the case of a permit under subsection
(c) for electric transmission facilities to be located on
property other than property owned by the United States or a
State, if the permit holder cannot acquire by contract, or is
unable to agree with the owner of the property to the
compensation to be paid for, the necessary right-of-way to
construct or modify, and operate and maintain, the transmission
facilities and, in the determination of the Commission, the
permit holder has made good faith efforts to engage with
affected landowners and other stakeholders early in the
applicable permitting process, the permit holder may acquire
the right-of-way by the exercise of the right of eminent domain
in the district court of the United States for the district in
which the property concerned is located, or in the appropriate
court of the State in which the property is located.
``(2) Good faith efforts to engage with affected landowners
and other stakeholders.--
``(A) Community benefit agreements.--
``(i) In general.--Subject to subparagraph
(B), for purposes of paragraph (1), a permit
holder may establish that the permit holder has
made good faith efforts to engage with affected
landowners and other stakeholders early in the
applicable permitting process by demonstrating
to the Commission that the permit holder--
``(I) engaged, during the prefiling
process, and continues to be engaged in
a meaningful process to develop and
negotiate a community benefit agreement
with applicable CBA parties (as defined
in subsection (a)(2)(B)) in the
community in which the affected
landowners or other stakeholders are
located; or
``(II) entered into a community
benefit agreement with applicable CBA
parties (as defined in that subsection)
in that community.
``(ii) Technical assistance.--
``(I) In general.--On the request
of a project sponsor, affected local
government, or a community engaged in
the process of developing and
negotiating a community benefit
agreement, the Secretary shall provide
technical assistance, including, as the
Secretary determines to be appropriate,
legal counsel, mediation, and guidance,
to help the community develop and
negotiate a community benefit agreement
with the project sponsor.
``(II) Authorization of
appropriations.--There are authorized
to be appropriated to the Secretary
such sums as are necessary to carry out
this clause.
``(B) Applicant code of conduct for engagement with
affected landowners.--
``(i) In general.--Not later than 1 year
after the date of enactment of the FASTER Act
of 2023, the Commission shall promulgate a
final rule to establish an applicant code of
conduct for engagement with affected
landowners.
``(ii) Effect of compliance.--For purposes
of paragraph (1), the Commission shall consider
a permit holder to have made good faith efforts
to engage with affected landowners if the
Commission determines that the permit holder
complied with the applicant code of conduct for
engagement with affected landowners established
under clause (i).
``(iii) Effect of noncompliance.--Beginning
on the effective date of the final rule
promulgated under clause (i), the Commission
may not make a determination that a permit
holder has made good faith efforts to engage
with affected landowners if the Commission
determines that the permit holder substantially
violated the applicant code of conduct for
engagement with affected landowners established
under that clause.
``(C) Good faith efforts determination.--
``(i) In general.--For purposes of
paragraph (1), the Commission shall consider a
permit holder to have made good faith efforts
to engage with affected landowners and other
stakeholders early in the applicable permitting
process if the Commission determines that the
permit holder--
``(I) engaged, in good faith, in a
meaningful process described in
subparagraph (A)(i)(I); and
``(II) complied with the applicant
code of conduct for engagement with
affected landowners established
pursuant to subparagraph (B)(i).
``(ii) Requirement.--A permit holder that
enters into a community benefit agreement
described in subparagraph (A)(i)(II) shall be
presumed to have complied with clause (i)(I).
``(D) Effect of community benefit agreement on
eligibility for certain grants.--
``(i) In general.--For purposes of section
50152 of Public Law 117-169 (commonly known as
the `Inflation Reduction Act of 2022') (42
U.S.C. 18715a), if the sponsor of a project for
which a permit is sought under subsection (c)
has entered into a community benefit
agreement--
``(I) the sponsor and any
applicable agreement entity (as defined
in subsection (a)(2)(B)) that is
eligible to apply for a grant under
that section may jointly apply for such
a grant; and
``(II) the sponsor may receive and
use amounts made available pursuant to
such a grant in accordance with--
``(aa) any applicable
provisions of the applicable
community benefit agreement;
and
``(bb) any applicable rules
or conditions established by
the Secretary.
``(ii) Negotiated provisions.--A community
benefit agreement may include provisions
requiring the project sponsor--
``(I) to submit an application for
a grant under section 50152 of Public
Law 117-169 (42 U.S.C. 18715a) on
behalf of, or jointly with, the
applicable agreement entity or any
other entity eligible to apply for a
grant under that section; and
``(II) to take any other actions
necessary to secure a grant under that
section.
``(3) Use of right-of-way.--Any right-of-way acquired under
paragraph (1) shall be used exclusively for the construction or
modification of electric transmission facilities within a
reasonable period of time after the acquisition.
``(4) Practice and procedure.--The practice and procedure
in any action or proceeding under this subsection in the
district court of the United States shall conform as nearly as
practicable to the practice and procedure in a similar action
or proceeding in the courts of the State in which the property
is located.
``(5) Savings clause.--
``(A) In general.--Nothing in this subsection shall
be construed to authorize the use of eminent domain to
acquire a right-of-way for any purpose other than the
construction, modification, operation, or maintenance
of electric transmission facilities and related
facilities.
``(B) Restriction; termination.--A right-of-way
acquired under paragraph (1) shall not be used for any
other purpose, and the right-of-way shall terminate on
the termination of the use for which the right-of-way
was acquired.
``(f) Compensation.--
``(1) In general.--Any right-of-way acquired pursuant to
subsection (e) shall be considered a taking of private property
for which just compensation is due.
``(2) Amount.--Just compensation shall be an amount equal
to the fair market value (including applicable severance
damages) of the property taken on the date of the exercise of
eminent domain authority.
``(g) State Law.--Nothing in this section precludes any person from
constructing or modifying any transmission facility in accordance with
State law.
``(h) Coordination of Federal Authorizations for National Interest
Electric Transmission Facilities.--
``(1) Lead agency.--With respect to a qualifying project,
the Commission shall act as the lead agency for purposes of
coordinating--
``(A) all applicable Federal authorizations;
``(B) all applicable State or local authorizations;
and
``(C) all related environmental reviews.
``(2) Coordination.--
``(A) In general.--To the maximum extent
practicable under applicable Federal law, the
Commission shall coordinate the Federal authorization
and review process under this subsection with any
Indian Tribes, multistate entities, local governments,
and State agencies that are responsible for conducting
any separate permitting and environmental reviews of
the facility, to ensure timely and efficient review and
permit decisions.
``(B) Deadlines and milestones.--
``(i) In general.--As the lead agency, the
Commission, in consultation with agencies
responsible for Federal authorizations and, as
appropriate, with Indian Tribes, multistate
entities, local governments, and State agencies
that are willing to coordinate their own
separate permitting and environmental reviews
with the Federal authorization and
environmental reviews, shall establish prompt
and binding intermediate milestones and
ultimate deadlines for the review of, and
Federal authorization decisions relating to,
the proposed facility, to ensure, to the
maximum extent practicable, that the period
described in clause (ii) does not exceed 5
years.
``(ii) Period described.--The period
referred to in clause (i) is the period
beginning on the date on which the prefiling
process is initiated with respect to a proposed
facility and ending on, as applicable--
``(I) the date on which a notice to
proceed is issued with respect to that
facility; or
``(II) the date on which an
application for a permit under
subsection (c) with respect to that
facility is denied.
``(iii) Certain deadlines.--The Commission
shall ensure that, once an application has been
submitted with such data as the Commission
considers necessary, all permit decisions and
related environmental reviews under all
applicable Federal laws shall be completed--
``(I) within 1 year; or
``(II) if a requirement of another
provision of Federal law does not
permit compliance with subclause (I),
as soon thereafter as is practicable.
``(3) Process for prompt disclosure of certain
information.--The Commission shall establish a process pursuant
to which a prospective applicant for a permit under subsection
(c) that has initiated the prefiling process may confer with
the agencies involved to have each such agency determine and
communicate to the prospective applicant, not later than 60
days after the prospective applicant submits a request--
``(A) the likelihood of approval for a potential
facility; and
``(B) the key issues of concern to the agencies and
the public.
``(4) Single environmental review document.--
``(A) In general.--As the lead agency, the
Commission, in consultation with the affected agencies,
shall prepare a single environmental review document,
which shall be used as the basis for all decisions on
the qualifying project under Federal law.
``(B) Streamlined review and permitting within
certain corridors.--The Commission and the heads of
other agencies shall streamline the review and
permitting of transmission within corridors designated
under section 503 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1763) by fully taking
into account prior analyses and decisions relating to
the corridors.
``(C) Requirement.--The document prepared under
subparagraph (A) shall include consideration by the
relevant agencies of any applicable criteria or other
matters as required under applicable law.
``(5) Appeal to the president.--
``(A) In general.--If any agency has denied a
Federal authorization required for a transmission
facility, or has failed to act by the deadline
established by the Commission pursuant to this section
for deciding whether to issue the authorization, the
applicant or any State in which the facility would be
located may file an appeal with the President, who
shall, in consultation with the affected agency, review
the denial or failure to take action on the pending
application.
``(B) Decision.--Based on the overall record and in
consultation with the affected agency, the President
may--
``(i) issue the necessary authorization
with any appropriate conditions; or
``(ii) deny the application.
``(C) Deadline for decision.--The President shall
issue a decision not later than 90 days after the date
of the filing of the appeal.
``(D) Requirement.--In making a decision under this
paragraph, the President shall comply with applicable
requirements of Federal law, including any requirements
of--
``(i) the National Forest Management Act of
1976 (16 U.S.C. 472a et seq.);
``(ii) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
``(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
``(iv) the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
``(v) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et
seq.).
``(E) Application.--This paragraph shall not apply
to any unit of the National Park System, the National
Wildlife Refuge System, the National Wild and Scenic
Rivers System, the National Trails System, the National
Wilderness Preservation System, or a National Monument.
``(6) Application of fast-41 procedures.--
``(A) In general.--Notwithstanding any other
provision of law, on the submission of an application
for a permit under subsection (c) for a qualifying
project--
``(i) the qualifying project shall be
considered to be a covered project (as defined
in section 41001 of the FAST Act (42 U.S.C.
4370m)); and
``(ii) except as otherwise provided in this
section (including paragraphs (1) and (2)),
title XLI of the FAST Act (42 U.S.C. 4370m et
seq.) (including section 41007 of that Act (42
U.S.C. 4370m-6)) shall apply to the qualifying
project in the same manner as any other covered
project (as defined in section 41001 of that
Act (42 U.S.C. 4370m)).
``(B) Cooperation of participating agencies.--
Notwithstanding any other provision of law, each
Federal participating agency with respect to a
qualifying project shall--
``(i) cooperate with the Commission and the
project sponsor with respect to the review and
permitting processes carried out under this
section; and
``(ii) fully participate in those
processes.
``(C) Use of environmental review improvement
fund.--
``(i) Definitions.--In this subparagraph:
``(I) Agency participating in the
prefiling process.--The term `agency
participating in the prefiling process'
means a participating agency or
cooperating agency that participates in
the prefiling process with respect to a
qualifying project.
``(II) Fund.--The term `Fund' means
the Environmental Review Improvement
Fund established under section 41009(d)
of the FAST Act (42 U.S.C. 4370m-8(d)).
``(ii) General authority.--Notwithstanding
any other provision of law, with respect to a
qualifying project, amounts in the Fund may, in
addition to any other use permitted under title
XLI of the FAST Act (42 U.S.C. 4370m et seq.)
(or a regulation promulgated under that title),
be used--
``(I) by the Council, to cover the
expenses of the Council relating to the
qualifying project;
``(II) by the Commission, as the
lead agency, to cover the costs of any
environmental review relating to the
qualifying project; and
``(III) as the Council determines
to be appropriate, by any other Federal
agency conducting an environmental
review relating to the qualifying
project, to cover the costs of
conducting that environmental review.
``(iii) Funding for purposes relating to
the prefiling process.--Notwithstanding any
other provision of law, the Council shall make
amounts in the Fund available to agencies
participating in the prefiling process for
purposes relating to the participation of those
agencies in that process, including to
compensate those agencies for resources
expended during that process for those
purposes.
``(iv) Subsequent consideration of
participation in the prefiling process.--To
encourage participation in the prefiling
process, the Council, in making amounts in the
Fund available to participating agencies and
cooperating agencies for purposes relating to a
qualifying project for which an application has
been filed under subsection (c), shall take
into consideration whether, and the extent to
which, the participating agency or cooperating
agency participated in the prefiling process
with respect to that project.
``(v) Authorization of appropriations to
the fund.--In addition to any amounts
authorized to be appropriated to the Fund under
any other law, there are authorized to be
appropriated to the Fund such sums as are
necessary to carry out this subparagraph.
``(7) Prefiling required.--
``(A) In general.--In order to facilitate maximum
participation by all stakeholders in the review and
permitting processes for qualifying projects, project
sponsors shall engage in a prefiling process in
accordance with the regulations promulgated under
subparagraph (C).
``(B) Participation.--
``(i) Mandatory participation.--Any
applicant for a permit under subsection (c) and
each Federal participating agency with respect
to a project for which a permit is sought under
that subsection shall participate in the
prefiling process.
``(ii) State, tribal, and local agencies.--
The Commission shall facilitate and encourage
State, Tribal, and local agencies, including
any State commission or other entity described
in subsection (c)(1), to participate in the
prefiling process for a qualifying project.
``(C) Rulemaking.--
``(i) In general.--Not later than 1 year
after the date of enactment of the FASTER Act
of 2023, the Commission shall promulgate a
final rule to establish a prefiling process for
use in accordance with this section.
``(ii) Updates.--The Commission may revise
and update, as the Commission determines to be
appropriate, the rules and regulations of the
Commission with respect to the prefiling
process established under clause (i), subject
to the condition that any revision or update is
consistent with the making of good faith
efforts to engage stakeholders early in the
review and permitting processes for national
interest electric transmission facilities.
``(8) Expediting application processing.--
``(A) In general.--A Federal or State agency may
allow an applicant seeking a Federal authorization for
a qualifying project to fund a third-party contractor
selected by the Federal or State agency to assist in
reviewing the application.
``(B) Direct funding for expedited consideration.--
``(i) In general.--Beginning on the date of
enactment of the FASTER Act of 2023, a Federal
or State agency may accept and expend funds
contributed by an applicant seeking a Federal
authorization for a qualifying project to carry
out an activity that directly and meaningfully
contributes to expediting the consideration by
the agency of the application.
``(ii) Relation to existing discretionary
funds.--Any funds received by an agency under
this subparagraph may be used only to carry out
activities that would not otherwise occur
within the same timeframe using discretionary
funds provided in an appropriations Act.
``(C) Effect on application consideration.--In
carrying out this paragraph, the Commission or an
applicable agency shall ensure that the use of
applicant funds under subparagraph (A) or (B) will not
impact impartial decisionmaking with respect to the
responsibilities of the agency, either substantively or
procedurally, under this part or any other Federal law,
consistent with the regulations for implementing the
procedural provisions of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) under parts
1500 through 1508 of title 40, Code of Federal
Regulations (or successor regulations).
``(D) Voluntary funding.--Nothing in this paragraph
requires or compels an applicant--
``(i) to fund a third-party contractor
under subparagraph (A); or
``(ii) to contribute direct funding for
expedited consideration under subparagraph (B).
``(E) Existing third-party contracts.--Nothing in
this paragraph affects any third party contract under
section 2403 of the Energy Policy Act of 1992 (16
U.S.C. 797d) that is in effect as of the date of
enactment of the FASTER Act of 2023.
``(F) Accountability.--
``(i) Reports.--A Federal or State agency
shall submit to the Commission for each fiscal
year a report that describes the manner in
which the agency used funds under this
paragraph during that fiscal year.
``(ii) Audits.--The Comptroller General of
the United States shall conduct periodic audits
to ensure that Federal and State agencies use
funds in accordance with this paragraph.
``(9) Categorical exclusions.--
``(A) In general.--Not later than 1 year after the
date of enactment of the FASTER Act of 2023, the
Commission shall--
``(i) evaluate whether 1 or more additional
categorical exclusions developed in compliance
with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with respect to
the activities described in subparagraph (C)
would reduce processing times or costs for the
issuance of permits under subsection (c)
without significantly affecting the human
environment; and
``(ii) if the Commission determines under
clause (i) that 1 or more additional
categorical exclusions would reduce processing
times or costs for the issuance of permits
under subsection (c) without significantly
affecting the human environment--
``(I) establish those categorical
exclusions in compliance with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
``(II) revise relevant agency
regulations and policy statements to
implement those categorical exclusions.
``(B) Administration.--
``(i) In general.--In administering a
categorical exclusion established under
subparagraph (A)(ii), the Commission shall
comply with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) (including
regulations promulgated pursuant to that Act).
``(ii) Extraordinary circumstances.--In
determining whether to use a categorical
exclusion established under subparagraph
(A)(ii), the Commission shall apply--
``(I) section 380.4(b) of title 18,
Code of Federal Regulations (or a
successor regulation); and
``(II) any other regulation
promulgated by the Commission to
establish extraordinary circumstances
procedures described in section
1507.3(e)(2)(ii) of title 40, Code of
Federal Regulations (or a successor
regulation).
``(C) Activities described.--The activities
referred to in subparagraph (A) include--
``(i) a geotechnical investigation;
``(ii) off-road travel in an existing
right-of-way;
``(iii) adding a battery or other energy
storage device to an existing or planned energy
facility, if that storage resource is located
within the physical footprint of the existing
or planned energy facility;
``(iv) any repair, maintenance, upgrade,
optimization, or minor addition to existing
transmission and distribution infrastructure,
including--
``(I) operation, maintenance, or
repair of power equipment and
structures within existing substations,
switching stations, transmission lines,
and distribution lines;
``(II) the addition, modification,
retirement, or replacement of breakers,
transmission towers, transformers,
bushings, or relays;
``(III) the voltage uprating,
modification, reconductoring with
conventional or advanced conductors,
and clearance resolution of
transmission lines;
``(IV) an activity to minimize fire
risk, including vegetation management,
routine fire mitigation, inspection,
and maintenance activities, and removal
of hazard trees and other hazard
vegetation within or adjacent to an
existing right-of-way;
``(V) an improvement to or
construction of 1 or more structure
pads for that infrastructure; and
``(VI) access and access route
maintenance, and any repair, associated
with any activity described in
subclauses (I) through (V);
``(v) approval of, and activities conducted
in accordance with, operating plans or
agreements for transmission and distribution
facilities or under a special use authorization
for an electric transmission and distribution
facility right-of-way; and
``(vi) construction, maintenance,
realignment, or repair of an existing permanent
or temporary access road--
``(I) within an existing right-of-
way or within a transmission or utility
corridor established by Congress or in
a land use plan; or
``(II) that serves an existing
transmission line, distribution line,
or energy facility.
``(D) Other categorical exclusions.--
``(i) In general.--Not later than 1 year
after the date of enactment of the FASTER Act
of 2023, the Commission shall--
``(I) review section 380.4 of title
18, Code of Federal Regulations (as in
effect on the date of enactment of the
FASTER Act of 2023), and the applicable
appendices of part 380 of that title;
and
``(II) as the Commission determines
to be appropriate, promulgate
comparable regulations pursuant to
which the Commission may establish
categorical exclusions for, and apply
categorical exclusions to, qualifying
projects.
``(ii) Transition period.--Until the date
on which the regulations described in clause
(i)(II) are promulgated by the Commission, the
Commission may apply section 380.4 of title 18,
Code of Federal Regulations (or a successor
regulation), to qualifying projects.
``(10) NEPA processes and compliance.--
``(A) Purpose.--The purpose of this paragraph is to
ensure that there is no duplication of effort or
processes with respect to environmental reviews
relating to the siting, construction, or modification
of national interest electric transmission facilities
in national interest electric transmission corridors
designated by the Secretary under paragraph (2) or (5)
of subsection (b).
``(B) Review relating to designation.--Unless the
Secretary determines that the preparation of an
environmental review document with respect to the
designation of a national interest electric
transmission corridor under paragraph (2) or (5) of
subsection (b) is appropriate under the circumstances,
the Secretary shall not be required to prepare an
environmental review document in connection with the
designation of a national interest electric
transmission corridor under those paragraphs.
``(C) Effect on siting, construction, or
modification of facilities.--
``(i) No review relating to designation of
corridor.--If the Secretary has not prepared an
environmental review document with respect to
the designation of a national interest electric
transmission corridor under paragraph (2) or
(5) of subsection (b), the Commission shall
prepare an environmental review document, in
accordance with this subsection, for any
siting, construction, or modification of a
national interest electric transmission
facility in that national interest electric
transmission corridor.
``(ii) Review relating to designation of
corridor.--If the Secretary has prepared an
environmental review document with respect to
the designation of a national interest electric
transmission corridor under paragraph (2) or
(5) of subsection (b)--
``(I) the Commission and any other
Federal agency carrying out an
environmental review with respect to
the siting, construction, or
modification of a national interest
electric transmission facility in that
national interest electric transmission
corridor--
``(aa) shall rely on any
findings of the environmental
review document prepared by the
Secretary in carrying out the
environmental review of the
Commission or other Federal
agency, as applicable; and
``(bb) shall not duplicate
any work of the Secretary
relating to the preparation of
that environmental review
document; and
``(II) the Commission shall
incorporate the findings of that
environmental review document into any
environmental review document prepared
by the Commission under this
subsection.
``(11) Federal land use authorizations.--
``(A) In general.--Each Federal land use
authorization for a national interest electric
transmission facility shall be issued--
``(i) for a duration, as determined by the
Commission, commensurate with the anticipated
use of the facility; and
``(ii) with appropriate authority to manage
the right-of-way for reliability and
environmental protection.
``(B) Renewal.--On the expiration of the
authorization (including an authorization issued before
the date of enactment of the FASTER Act of 2023), the
authorization shall be reviewed for renewal taking
fully into account reliance on such electricity
infrastructure, recognizing the importance of the
authorization for public health, safety, and economic
welfare and as a legitimate use of Federal land.
``(12) Consultation.--In exercising the responsibilities
under this section, the Commission shall consult regularly
with--
``(A) the Secretary;
``(B) electric reliability organizations (including
related regional entities) approved by the Commission;
and
``(C) Transmission Organizations approved by the
Commission.
``(i) Interstate Compacts.--
``(1) In general.--The consent of Congress is given for 3
or more contiguous States to enter into an interstate compact,
subject to approval by Congress, establishing regional
transmission siting agencies--
``(A) to facilitate siting of future electric
energy transmission facilities within those States; and
``(B) to carry out the electric energy transmission
siting responsibilities of those States.
``(2) Technical assistance.--The Commission shall provide
technical assistance to regional transmission siting agencies
established under this subsection.
``(3) Authority.--The regional transmission siting agencies
shall have the authority to review, certify, and permit siting
of transmission facilities, including facilities in national
interest electric transmission corridors (other than facilities
on property owned by the United States).
``(4) Limitation.--The Commission shall have no authority
to issue a permit for the construction or modification of an
electric transmission facility within a State that is a party
to a compact, unless the Commission determines that the members
of the compact are unable to reach an agreement on an
application seeking approval by the date that is 1 year after
the date on which the application for the facility was filed.
``(j) Relationship to Other Laws.--Except as specifically provided,
nothing in this section affects any requirement of an environmental law
of the United States, including the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
``(k) ERCOT.--This section shall not apply within the area referred
to in section 212(k)(2)(A).''.
(b) Grants To Facilitate the Siting of Interstate Electricity
Transmission Lines.--
(1) Definitions.--In this subsection:
(A) Commission.--The term ``Commission'' means the
Federal Energy Regulatory Commission.
(B) Community benefit agreement.--The term
``community benefit agreement'' has the meaning given
the term in section 216(a) of the Federal Power Act (16
U.S.C. 824p(a)).
(C) Covered transmission project.--The term
``covered transmission project'' has the meaning given
the term in section 50152(e) of Public Law 117-169
(commonly known as the ``Inflation Reduction Act of
2022'') (42 U.S.C. 18715a(e)).
(D) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(2) Allocation.--In carrying out section 50152 of Public
Law 117-169 (42 U.S.C. 18715a), the Secretary shall use, of the
amounts appropriated by subsection (a) of that section and used
for making grants under that section--
(A) 30 percent to make grants under subsection
(b)(1) of that section; and
(B) 70 percent to make grants under subsection
(b)(2) of that section.
(3) Priority.--In making grants under subsection (b)(2) of
section 50152 of Public Law 117-169 (42 U.S.C. 18715a), the
Secretary shall give priority to State, local, or Tribal
governmental entities that, in the determination of the
Secretary, are among the most significantly impacted by project
development, construction, or local operations activities
relating to the covered transmission projects for which a grant
under that subsection is sought.
(4) Additional economic development funding.--
(A) In general.--Subject to subparagraph (B), if
the Secretary makes a grant under section 50152(b)(2)
of Public Law 117-169 (42 U.S.C. 18715a), the sponsor
of the applicable covered transmission project shall be
required to contribute, to the recipient of the grant,
$1 for every $5 provided by the Secretary to that
recipient pursuant to the grant.
(B) Community benefit agreements.--If the sponsor
of the applicable covered transmission project has
entered into a community benefit agreement, the sponsor
may satisfy the requirement described in subparagraph
(A) through contributions or expenditures made pursuant
to the terms of the applicable community benefit
agreement.
(c) Conforming Amendments.--
(1) Section 1222 of the Energy Policy Act of 2005 (42
U.S.C. 16421) is amended--
(A) in subsection (a)(1)(A), by striking ``section
216(a) of the Federal Power Act'' and inserting
``section 216(b) of the Federal Power Act (16 U.S.C.
824p(b))''; and
(B) in subsection (b)(1)(A), by striking ``section
216(a) of the Federal Power Act'' and inserting
``section 216(b) of the Federal Power Act (16 U.S.C.
824p(b))''.
(2) Section 40106(h)(1)(A) of the Infrastructure Investment
and Jobs Act (42 U.S.C. 18713(h)(1)(A)) is amended by striking
``section 216(a) of the Federal Power Act 16 U.S.C. 824p(a)''
and inserting ``section 216(b) of the Federal Power Act (16
U.S.C. 824p(b))''.
(3) Section 50151(b) of Public Law 117-169 (commonly known
as the ``Inflation Reduction Act of 2022'') (42 U.S.C.
18715(b)) is amended--
(A) by inserting ``, in consultation with the
Federal Energy Regulatory Commission,'' after ``The
Secretary''; and
(B) by striking ``electric transmission facilities
designated by the Secretary to be necessary in the
national interest under section 216(a) of the Federal
Power Act (16 U.S.C. 824p(a))'' and inserting
``national interest electric transmission facilities
(as defined in section 216(a) of the Federal Power Act
(16 U.S.C. 824p(a)))''.
SEC. 3. SUPPORT FOR REGIONAL OFFICES OF COOPERATING AGENCIES.
There are authorized to be appropriated to the Federal Energy
Regulatory Commission such sums as are necessary to provide funding to
cooperating agencies (as defined in section 1508.1 of title 40, Code of
Federal Regulations (or a successor regulation)) with respect to
qualifying projects (as defined in section 216(a) of the Federal Power
Act (16 U.S.C. 824p(a))) to help cover the costs of the staff and
resources of the cooperating agency that relate to the qualifying
project in order to focus those staff and resources on an expeditious
review of the qualifying project.
SEC. 4. FERC HIRING AND COMPENSATION AUTHORITY.
(a) Definition of Commission.--In this section, the term
``Commission'' means the Federal Energy Regulatory Commission.
(b) Appointment Authority.--Notwithstanding any provision of title
5, United States Code, governing appointments and General Schedule
classification and pay rates--
(1) the Chairman of the Commission may designate positions
to which persons may be appointed without regard to the civil
service laws; and
(2) the Commission may appoint persons to those positions
without regard to the civil service laws.
(c) Compensation Authority.--
(1) In general.--Notwithstanding chapter 51, and subchapter
III of chapter 53, of title 5, United States Code, the
Commission may fix the rate of basic pay for the positions of
individuals described in paragraph (2), subject to the
limitation described in paragraph (3), without regard to the
civil service laws.
(2) Individuals described.--An individual referred to in
paragraph (1) is--
(A) an individual appointed under subsection (b);
or
(B) any other individual with respect to whom the
Chairman of the Commission determines that compensation
in accordance with that paragraph is necessary or
appropriate to hire or retain that individual.
(3) Limitation.--The annual rate of basic pay for an
individual described in paragraph (2) may not exceed the per
annum rate of salary payable for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
SEC. 5. DISPOSITION OF CERTAIN REVENUES.
(a) Definitions.--In this section:
(1) Covered land.--The term ``covered land'' means land
that is--
(A) public land; and
(B) not excluded from the siting, construction, or
modification of electric transmission facilities
under--
(i) a land use plan established under the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.); or
(ii) other Federal law.
(2) Federal land.--The term ``Federal land'' means--
(A) National Forest System land; and
(B) public land.
(3) Fund.--The term ``Fund'' means the Federal Land
Electric Energy Transmission Conservation Fund established by
subsection (d)(1).
(4) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(5) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Disposition of Revenues.--Without further appropriation or
fiscal year limitation, of the amounts collected as bonus bids,
rentals, fees, or other payments under a right-of-way, permit, lease,
or other authorization (other than under section 504(g) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1764(g))) for the
siting, construction, or modification of electric transmission
facilities on covered land or National Forest System land--
(1) for the period beginning on the date of enactment of
this Act and ending on December 31, 2039;
(A) 25 percent shall be paid by the Secretary of
the Treasury to the State within the boundaries of
which the revenue is derived;
(B) 30 percent shall be paid by the Secretary of
the Treasury to the 1 or more counties within the
boundaries of which the revenue is derived, to be
allocated among the counties based on the percentage of
land from which the revenue is derived;
(C) 15 percent shall be deposited in the Treasury
and be made available to the Secretary to facilitate,
streamline, and improve Federal permit coordination
with respect to the siting, construction, or
modification of electric transmission facilities on
Federal land, including the transfer of the funds by
the Bureau of Land Management to other Federal agencies
and State agencies to facilitate the processing of
permits for the siting, construction, or modification
of electric transmission facilities on Federal land,
with priority given to using the amounts, to the
maximum extent practicable without detrimental impacts
to emerging markets, to expediting the issuance of
permits required for the siting, construction, or
modification of electric transmission facilities in the
States from which the revenues are derived; and
(D) 30 percent shall be deposited in the Fund; and
(2) beginning on January 1, 2040--
(A) 25 percent shall be paid by the Secretary of
the Treasury to the State within the boundaries of
which the revenue is derived;
(B) 30 percent shall be paid by the Secretary of
the Treasury to the 1 or more counties within the
boundaries of which the revenue is derived, to be
allocated among the counties based on the percentage of
land from which the revenue is derived;
(C) 10 percent shall be deposited in the Treasury
and be made available to the Secretary to facilitate,
streamline, and improve Federal permit coordination
with respect to the siting, construction, or
modification of electric transmission facilities on
Federal land, including the transfer of the funds by
the Bureau of Land Management to other Federal agencies
and State agencies to facilitate the processing of
permits for the siting, construction, or modification
of electric transmission facilities on Federal land,
with priority given to using the amounts, to the
maximum extent practicable without detrimental impacts
to emerging markets, to expediting the issuance of
permits required for the siting, construction, or
modification of electric transmission facilities in the
States from which the revenues are derived; and
(D) 35 percent shall be deposited in the Fund.
(c) Payments to States and Counties.--
(1) In general.--Amounts paid to States and counties under
subsection (b) shall be used consistent with section 35 of the
Mineral Leasing Act (30 U.S.C. 191).
(2) Payments in lieu of taxes.--A payment to a county under
paragraph (1) shall be in addition to a payment in lieu of
taxes received by the county under chapter 69 of title 31,
United States Code.
(d) Federal Land Electric Energy Transmission Conservation Fund.--
(1) In general.--There is established in the Treasury a
fund, to be known as the ``Federal Land Electric Energy
Transmission Conservation Fund'', which shall be administered
by the National Fish and Wildlife Foundation (referred to in
this subsection as the ``Foundation'').
(2) Use of funds.--The Foundation may make amounts in the
Fund available to Federal, State, local, and Tribal agencies to
be distributed in regions in which projects for the siting,
construction, or modification of electric transmission
facilities are located on Federal land, for the purposes of--
(A) restoring and protecting--
(i) fish and wildlife habitat for affected
species;
(ii) fish and wildlife corridors for
affected species; and
(iii) water resources in areas affected by
projects for the siting, construction, or
modification of electric transmission
facilities; and
(B) preserving and improving recreational access to
Federal land and water in an affected region through an
easement, right-of-way, or other instrument from
willing landowners for the purpose of enhancing public
access to existing Federal land and water that is
inaccessible or restricted.
(3) Partnerships.--The Foundation may enter into
cooperative agreements with State, local, and Tribal agencies,
nonprofit organizations, and other appropriate entities to
carry out the activities described in subparagraphs (A) and (B)
of paragraph (2).
(4) Investment of fund.--
(A) In general.--Any amounts deposited in the Fund
shall earn interest in an amount determined by the
Secretary of the Treasury on the basis of the current
average market yield on outstanding marketable
obligations of the United States of comparable
maturities.
(B) Use.--Any interest earned under subparagraph
(A) may be expended in accordance with this subsection.
(5) Report to congress.--At the end of each fiscal year,
the Foundation shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report
identifying--
(A) the amounts described in subsection (b) that
were collected during that fiscal year, organized by
source;
(B) the amount and purpose of payments made to each
Federal, State, local, and Tribal agency under
paragraph (2) during that fiscal year; and
(C) the amount remaining in the Fund at the end of
the fiscal year.
(6) Intent of congress.--It is the intent of Congress that
the revenues deposited and used in the Fund shall supplement
(and not supplant) annual appropriations for activities
described in subparagraphs (A) and (B) of paragraph (2).
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