[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4753 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4753
To reform leasing, permitting, and judicial review for certain energy
and minerals projects, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2024
Mr. Manchin (for himself and Mr. Barrasso) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To reform leasing, permitting, and judicial review for certain energy
and minerals projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy Permitting
Reform Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ACCELERATING CLAIMS
Sec. 101. Accelerating claims.
TITLE II--FEDERAL ONSHORE ENERGY LEASING AND PERMITTING
Sec. 201. Onshore oil and gas leasing.
Sec. 202. Term of application for permit to drill.
Sec. 203. Permitting compliance on non-Federal land.
Sec. 204. Coal leases on Federal land.
Sec. 205. Rights-of-way across Indian land.
Sec. 206. Accelerating renewable energy permitting.
Sec. 207. Improving renewable energy coordination on Federal land.
Sec. 208. Geothermal leasing and permitting improvements.
Sec. 209. Electric grid projects.
Sec. 210. Hardrock mining mill sites.
TITLE III--FEDERAL OFFSHORE ENERGY LEASING AND PERMITTING
Sec. 301. Offshore oil and gas leasing.
Sec. 302. Offshore wind energy.
TITLE IV--ELECTRIC TRANSMISSION
Sec. 401. Transmission permitting.
Sec. 402. Transmission planning.
TITLE V--ELECTRIC RELIABILITY
Sec. 501. Reliability assessments.
TITLE VI--LIQUEFIED NATURAL GAS EXPORTS
Sec. 601. Action on applications.
Sec. 602. Supplemental reviews.
TITLE VII--HYDROPOWER
Sec. 701. Hydropower license extensions.
TITLE I--ACCELERATING CLAIMS
SEC. 101. ACCELERATING CLAIMS.
(a) Definitions.--In this section:
(1) Authorization.--
(A) In general.--The term ``authorization'' means
any license, permit, approval, order, or other
administrative decision that is required or authorized
under Federal law (including regulations) to design,
plan, site, construct, reconstruct, or commence
operations of a project.
(B) Inclusions.--The term ``authorization''
includes--
(i) agency approvals of lease sales,
permits, or plans required to explore for,
develop, or produce minerals under--
(I) the Mineral Leasing Act (30
U.S.C. 181 et seq.);
(II) the Act of August 7, 1947
(commonly known as the ``Mineral
Leasing Act for Acquired Lands'') (30
U.S.C. 351 et seq.);
(III) the Act of July 31, 1947
(commonly known as the ``Materials Act
of 1947'') (61 Stat. 681, chapter 406;
30 U.S.C. 601 et seq.);
(IV) sections 2319 through 2344 of
the Revised Statutes (commonly known as
the ``Mining Law of 1872'') (30 U.S.C.
22 et seq.);
(V) the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.); or
(VI) the Geothermal Steam Act of
1970 (30 U.S.C. 1001 et seq.); and
(ii) statements or permits for a project
under sections 7 and 10 of the Endangered
Species Act of 1973 (16 U.S.C. 1536, 1539).
(2) Environmental document.--The term ``environmental
document'' includes any of the following, as prepared under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.):
(A) An environmental assessment.
(B) A finding of no significant impact.
(C) An environmental impact statement.
(D) A record of decision.
(3) Project.--The term ``project'' means a project--
(A) proposed for the construction of
infrastructure--
(i) to develop, produce, generate, store,
transport, or distribute energy;
(ii) to capture, remove, transport, or
store carbon dioxide; or
(iii) to mine, extract, beneficiate, or
process minerals; and
(B) subject to the requirements that--
(i) an environmental document be prepared;
and
(ii) the applicable agency issue an
authorization of the activity.
(4) Project sponsor.--The term ``project sponsor'' means an
entity, including any private, public, or public-private
entity, seeking an authorization for a project.
(b) Statute of Limitations.--Notwithstanding any other provision of
law, a civil action arising under Federal law seeking judicial review
of a final agency action granting or denying an authorization shall be
barred unless the civil action is filed by the date that is 150 days
after the date on which the authorization was granted or denied, unless
a shorter time is specified in the Federal law pursuant to which
judicial review is allowed.
(c) Expedited Review.--A reviewing court shall set for expedited
consideration any civil action arising under Federal law seeking
judicial review of a final agency action granting or denying an
authorization.
(d) Remanded Actions.--
(1) In general.--If the reviewing court remands a final
Federal agency action granting or denying an authorization to
the Federal agency for further proceedings, whether on a motion
by the court, the agency, or another party, the court shall set
a reasonable schedule and deadline for the agency to act on
remand, which shall not exceed 180 days from the date on which
the order of the court was issued, unless a longer time period
is necessary to comply with applicable law.
(2) Expedited treatment of remanded actions.--The head of
the Federal agency to which a court remands a final Federal
agency action under paragraph (1) shall take such actions as
may be necessary to provide for the expeditious disposition of
the action on remand in accordance with the schedule and
deadline set by the court under that paragraph.
(e) Treatment of Supplemental or Revised Environmental Documents.--
For the purpose of subsection (b), the preparation of a supplemental or
revised environmental document, when required, shall be considered to
be a separate final agency action.
(f) Notice.--Not later than 30 days after the date on which an
agency is served a copy of a petition for review or a complaint in a
civil action described in subsection (b), the head of the agency shall
notify the project sponsor of the filing of the petition or complaint.
TITLE II--FEDERAL ONSHORE ENERGY LEASING AND PERMITTING
SEC. 201. ONSHORE OIL AND GAS LEASING.
(a) Limitation on Issuance of Certain Leases or Rights-of-Way.--
Section 50265(b)(1)(B) of Public Law 117-169 (43 U.S.C. 3006(b)(1)(B))
is amended, in the matter preceding clause (i), by inserting ``for
which expressions of interest have been submitted that have been''
after ``sum of total acres''.
(b) Mineral Leasing Act Reforms.--
(1) Expressions of interest for oil and gas leasing.--
Section 17(b) of the Mineral Leasing Act (30 U.S.C. 226(b)) is
amended by adding at the end the following:
``(3) Subdivision.--
``(A) In general.--A parcel of land included in an
expression of interest that the Secretary of the
Interior offers for lease shall be leased as nominated
and not subdivided into multiple parcels unless the
Secretary of the Interior determines that a subpart of
the submitted parcel is not open to oil or gas leasing
under the approved resource management plan.
``(B) Required reviews.--Nothing in this paragraph
affects the obligations of the Secretary of the
Interior to complete requirements and reviews
established by other provisions of law before leasing a
parcel of land.
``(4) Resource management plans.--
``(A) Lease terms and conditions.--A lease issued
under this section shall be subject to the terms and
conditions of the approved resource management plan.
``(B) Effect of leasing decision.--Notwithstanding
section 1506.1 of title 40, Code of Federal Regulations
(as in effect on the date of enactment of this
paragraph), the Secretary may conduct a lease sale
under an approved resource management plan while
amendments to the approved plan are under
consideration.''.
(2) Refund of expression of interest fee.--Section 17(q) of
the Mineral Leasing Act (30 U.S.C. 226(q)) is amended--
(A) by striking ``Secretary'' each place it appears
and inserting ``Secretary of the Interior'';
(B) in paragraph (1), by striking
``nonrefundable''; and
(C) 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 60 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.
``(4) Refundability.--Except as provided in paragraph
(3)(B), the fee assessed under paragraph (1) shall be
nonrefundable.''.
SEC. 202. TERM OF APPLICATION FOR PERMIT TO DRILL.
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.--
``(A) In general.--A permit to drill approved under
this subsection shall be valid for a single non-
renewable 4-year period beginning on the date of the
approval.
``(B) Retroactivity.--In addition to all approved
applications for permits to drill submitted on or after
the date of enactment of this paragraph, subparagraph
(A) shall apply to--
``(i) all permits approved during the 2-
year period preceding the date of enactment of
this paragraph; and
``(ii) all pending applications for permit
to drill submitted prior to the date of
enactment of this paragraph.''.
SEC. 203. PERMITTING COMPLIANCE ON NON-FEDERAL LAND.
(a) In General.--Notwithstanding the Mineral Leasing Act (30 U.S.C.
181 et seq.), the Federal Oil and Gas Royalty Management Act of 1982
(30 U.S.C. 1701 et seq.), or subpart 3162 of part 3160 of title 43,
Code of Federal Regulations (or successor regulations), but subject to
any applicable State or Tribal requirements and subsection (c), the
Secretary of the Interior shall not require a permit to drill for an
oil and gas lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.)
for an action occurring within an oil and gas drilling or spacing unit
if--
(1) the Federal Government--
(A) owns less than 50 percent of the minerals
within the oil and gas drilling or spacing unit; and
(B) does not own or lease the surface estate within
the area directly impacted by the action;
(2) the well is located on non-Federal land overlying a
non-Federal mineral estate, but some portion of the wellbore
enters and produces from the Federal mineral estate subject to
the lease; or
(3) the well is located on non-Federal land overlying a
non-Federal mineral estate, but some portion of the wellbore
traverses but does not produce from the Federal mineral estate
subject to the lease.
(b) Notification.--For each State permit to drill or drilling plan
that would impact or extract oil and gas owned by the Federal
Government--
(1) each lessee of Federal minerals in the unit, or
designee of a lessee, shall--
(A) notify the Secretary of the Interior of the
submission of a State application for a permit to drill
or drilling plan on submission of the application; and
(B) provide a copy of the application described in
subparagraph (A) to the Secretary of the Interior not
later than 5 days after the date on which the permit or
plan is submitted;
(2) each lessee, designee of a lessee, or applicable State
shall notify the Secretary of the Interior of the approved
State permit to drill or drilling plan not later than 45 days
after the date on which the permit or plan is approved; and
(3) each lessee or designee of a lessee shall provide,
prior to commencing drilling operations, agreements authorizing
the Secretary of the Interior to enter non-Federal land, as
necessary, for inspection and enforcement of the terms of the
Federal lease.
(c) Nonapplicability to Indian Lands.--Subsection (a) shall not
apply to Indian lands (as defined in section 3 of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1702)).
(d) Effect.--Nothing in this section affects--
(1) other authorities of the Secretary of the Interior
under the Federal Oil and Gas Royalty Management Act of 1982
(30 U.S.C. 1701 et seq.); or
(2) the amount of royalties due to the Federal Government
from the production of the Federal minerals within the oil and
gas drilling or spacing unit.
(e) Authority on Non-Federal Land.--Section 17(g) of the Mineral
Leasing Act (30 U.S.C. 226(g)) is amended--
(1) by striking the subsection designation and all that
follows through ``Secretary of the Interior, or'' in the first
sentence and inserting the following:
``(g)(1) The Secretary of the Interior, or''; and
(2) by adding at the end the following:
``(2)(A) In the case of an oil and gas lease under this Act on land
described in subparagraph (B) located within an oil and gas drilling or
spacing unit, nothing in this Act authorizes the Secretary of the
Interior--
``(i) to require a bond to protect non-Federal land;
``(ii) to enter non-Federal land without the consent of the
applicable landowner;
``(iii) to impose mitigation requirements; or
``(iv) to require approval for surface reclamation.
``(B) Land referred to in subparagraph (A) is land where--
``(i) the Federal Government--
``(I) owns less than 50 percent of the minerals
within the oil and gas drilling or spacing unit; and
``(II) does not own or lease the surface estate
within the area directly impacted by the action;
``(ii) the well is located on non-Federal land overlying a
non-Federal mineral estate, but some portion of the wellbore
enters and produces from the Federal mineral estate subject to
the lease; or
``(iii) the well is located on non-Federal land overlying a
non-Federal mineral estate, but some portion of the wellbore
traverses but does not produce from the Federal mineral estate
subject to the lease.''.
SEC. 204. COAL LEASES ON FEDERAL LAND.
(a) Deadlines.--
(1) In general.--Section 2(a) of the Mineral Leasing Act
(30 U.S.C. 201(a)) is amended--
(A) in paragraph (1), in the first sentence, by
striking ``he shall, in his discretion, upon the
request of any qualified applicant or on his own motion
from time to time'' and insert ``the Secretary shall,
at the discretion of the Secretary but subject to
paragraph (6), on the request of any qualified
applicant or on a motion by the Secretary''; and
(B) by adding at the end the following:
``(6) Deadlines.--
``(A) Applicant motion.--Not later than 90 days
after the date on which a request of a qualified
applicant is received for a lease sale under paragraph
(1), or for a lease modification under section 3, the
Secretary of the Interior shall commence all necessary
consultations and reviews required under Federal law in
accordance with that paragraph or section, as
applicable.
``(B) Decision.--Not later than 90 days after the
completion of an environmental impact statement or
environmental assessment consistent with the
requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) for a lease sale under
paragraph (1), or for a lease modification under
section 3, the Secretary of the Interior shall issue a
record of decision or a finding of no significant
impact for the lease sale or lease modification.
``(C) Fair market value.--Not later than 30 days
after the date on which the Secretary of the Interior
issues a record of decision or a finding of no
significant impact under subparagraph (B) for a lease
sale under paragraph (1), or for a lease modification
under section 3, the Secretary shall determine the fair
market value of the coal subject to the lease.''.
(2) Lease modifications.--Section 3(b) of the Mineral
Leasing Act (30 U.S.C. 203(b)) is amended by striking ``The
Secretary shall prescribe'' and inserting ``Subject to section
2(a)(6), the Secretary shall prescribe''.
(b) Conforming Amendments.--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 appropriate'' and
inserting ``the Secretary of the Interior finds
appropriate''; and
(B) by striking ``he deems appropriate'' and
inserting ``the Secretary of the Interior determines to
be appropriate'';
(2) in the sixth sentence, by striking ``Prior to his
determination'' and inserting ``Prior to a determination by the
Secretary of the Interior'';
(3) in the seventh sentence--
(A) by striking ``to make public his judgment'' and
inserting ``to make public the judgment of the
Secretary of the Interior''; and
(B) by striking ``comments he receives'' and
inserting ``comments received by the Secretary of the
Interior''; and
(4) in the eighth sentence, by striking ``He is hereby
authorized'' and inserting ``The Secretary of the Interior is
authorized''.
(c) Technical Correction.--Section 2(b)(3) of the Mineral Leasing
Act (30 U.S.C. 201(b)(3)) is amended, in the first sentence, by
striking ``geophyscal'' and inserting ``geophysical''.
SEC. 205. 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.''.
SEC. 206. ACCELERATING RENEWABLE ENERGY PERMITTING.
(a) Deadline for Consideration of Applications for Rights-of-Way.--
(1) Completeness of review.--
(A) In general.--Not later than 30 days after the
date on which the Secretary of the Interior or the
Secretary of Agriculture, as applicable, receives an
application for a right-of-way under section 501 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1761) for an eligible project (as defined in
section 3101 of the Energy Act of 2020 (43 U.S.C.
3001)), the applicable Secretary shall--
(i) notify the applicant that the
application is complete; or
(ii) notify the applicant that information
is missing from the application and specify any
information that is required to be submitted
for the application to be complete.
(B) Environmental impact statement.--For an
eligible project (as defined in section 3101 of the
Energy Act of 2020 (43 U.S.C. 3001)) that requires an
environmental impact statement for an application
submitted under subparagraph (A), the Secretary of the
Interior or the Secretary of Agriculture, as
applicable, shall issue a notice of intent not later
than 90 days after the date on which the applicable
Secretary determines that an application is complete
under subparagraph (A).
(2) Cost recovery and issuance or deferral.--
(A) In general.--Not later than 30 days after the
date on which an applicant submits a complete
application for a right-of-way under paragraph (1), the
Secretary of the Interior or the Secretary of
Agriculture, as applicable, shall, if a cost recovery
agreement is required under section 2804.14 of title
43, Code of Federal Regulations (or successor
regulations), or section 251.58 of title 36, Code of
Federal Regulations (or successor regulations), issue a
cost recovery agreement.
(B) Decision.--Not later than 30 days after the
date on which an applicant submits a complete
application for a right-of-way under paragraph (1), the
Secretary of the Interior or the Secretary of
Agriculture, as applicable, shall--
(i) grant or deny the application, if the
requirements under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
any other applicable law have been completed;
or
(ii) defer the decision on the application
and provide to the applicant notice--
(I) that specifies steps that the
applicant can take for the decision on
the application to be issued; and
(II) of a list of actions that need
to be taken by the agency in order to
comply with applicable law, and
timelines and deadlines for completing
those actions.
(b) Low Disturbance Activities for Renewable Energy Projects.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, to facilitate timely permitting of
eligible projects (as defined in section 3101 of the Energy Act
of 2020 (43 U.S.C. 3001)), the Secretary of the Interior and
the Secretary of Agriculture shall each promulgate regulations
for the use of 1 or more categorical exclusions under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for low disturbance activities necessary for renewable
energy projects.
(2) Activities described.--Low disturbance activities
referred to in paragraph (1) are the following:
(A) Individual surface disturbances of less than 5
acres that have undergone site-specific analysis in a
document prepared pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) that has been previously completed.
(B) Activities at a location at which the same type
of activity has previously occurred within 5 years
prior to the date of commencement of the activity.
(C) Activities on previously disturbed or developed
(as defined in section 1021.410(g)(1) of title 10, Code
of Federal Regulations (or successor regulations)) land
for which an approved land use plan or any
environmental document prepared pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) analyzed such activity as reasonably
foreseeable, so long as such plan or document was
approved within 5 years prior to the date of the
activity.
(D) The installation, modification, operation, or
decommissioning of commercially available energy
systems located on a building or other structure (such
as a rooftop, parking lot, or facility, or mounted to
signage, lighting, gates, or fences).
(E) Maintenance of a minor activity, other than any
construction or major renovation, or a building or
facility.
(F) Preliminary geotechnical investigations.
(G) The installation and removal of temporary
meteorological stations.
SEC. 207. IMPROVING RENEWABLE ENERGY COORDINATION ON FEDERAL LAND.
(a) National Goal for Renewable Energy Production on Federal
Land.--
(1) Goal.--Not later than 180 days after the date of
enactment of this Act, in accordance with section 3104 of the
Energy Act of 2020 (43 U.S.C. 3004), the Secretary of the
Interior, in consultation with the Secretary of Agriculture and
other heads of relevant Federal agencies, shall establish a
target date for the authorization of not less than 50 gigawatts
of renewable energy production on Federal land by not later
than 2030.
(2) Periodic goal revision.--Section 3104 of the Energy Act
of 2020 (43 U.S.C. 3004) is amended--
(A) in subsection (a), by inserting ``and
periodically revise'' after ``establish''; and
(B) by adding at the end the following:
``(c) Permitting.--Subject to the limitations described in section
50265(b)(1) of Public Law 117-169 (43 U.S.C. 3006(b)(1)), the Secretary
shall, in consultation with the heads of relevant Federal agencies,
seek to issue permits that authorize, in total, sufficient electricity
from eligible projects to meet or exceed the national goals established
and revised under this section.''.
(b) Definition of Eligible Project.--Paragraph (4) of section 3101
of the Energy Act of 2020 (43 U.S.C. 3001) is amended by inserting ``or
store'' after ``generate''.
(c) Renewable Energy Project Review Standards.--Section 3102 of the
Energy Act of 2020 (43 U.S.C. 3002) is amended--
(1) in subsection (a), in the second sentence, by inserting
``sufficient to achieve goals for renewable energy production
on Federal land established under section 3104'' before the
period at the end;
(2) by redesignating subsection (f) as subsection (h); and
(3) by inserting after subsection (e) the following:
``(f) Renewable Energy Project Review Standards.--Not later than 2
years after the date of enactment of the Energy Permitting Reform Act
of 2024, for the purpose of encouraging standardized reviews and
facilitating the permitting of eligible projects, the National
Renewable Energy Coordination Office of the Bureau of Land Management
shall promulgate renewable energy project review standards to be
adopted by regional renewable energy coordination offices.
``(g) Clarification of Existing Authority.--Under section 307 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737),
the Secretary may accept donations from renewable energy companies to
improve community engagement for the permitting of energy projects.''.
(d) Savings Clause.--Nothing in this section, or an amendment made
by this section, modifies the limitations described in section
50265(b)(1) of Public Law 117-169 (43 U.S.C. 3006(b)(1)).
SEC. 208. GEOTHERMAL LEASING AND PERMITTING IMPROVEMENTS.
(a) Preliminary Geothermal Activities.--Not later than 180 days
after the date of enactment of this Act, the Secretary of the Interior
and the Secretary of Agriculture shall each promulgate regulations for
the use of 1 or more categorical exclusions under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
individual disturbances of less than 10 acres for activities required
to test, monitor, calibrate, explore, or confirm geothermal resources,
provided those activities do not involve--
(1) the commercial production of geothermal resources;
(2) the use of geothermal resources for commercial
operations; or
(3) construction of permanent roads.
(b) Annual Leasing.--Section 4(b) of the Geothermal Steam Act of
1970 (30 U.S.C. 1003(b)) is amended--
(1) in paragraph (2), by striking ``every 2 years'' and
inserting ``per year''; and
(2) by adding at the end the following:
``(5) Replacement sales.--If a lease sale under this
section for a year is cancelled or delayed, the Secretary shall
conduct a replacement sale not later than 180 days after the
date of the cancellation or delay, as applicable, and the
replacement sale may not be cancelled or delayed.''.
(c) Deadlines for Consideration of Geothermal Drilling Permits.--
Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is
amended by adding at the end the following:
``(h) Deadlines for Consideration of Geothermal Drilling Permits.--
``(1) In general.--Not later than 10 days after the date on
which the Secretary receives an application for any geothermal
drilling permit, the Secretary shall--
``(A) provide written notice to the applicant that
the application is complete; or
``(B) notify the applicant that information is
missing from the application and specify any
information that is required to be submitted for the
application to be complete.
``(2) Decision.--Not later than 30 days after the date on
which an applicant submits a complete application for a
geothermal drilling permit under paragraph (1), the Secretary
shall--
``(A) grant or deny the application, if the
requirements under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and any other
applicable law have been completed; or
``(B) defer the decision on the application and
provide to the applicant notice--
``(i) that specifies steps that the
applicant can take for the decision on the
application to be issued; and
``(ii) of a list of actions that need to be
taken by the agency in order to comply with
applicable law, and timelines and deadlines for
completing those actions.''.
(d) Cost Recovery Authority.--Section 24 of the Geothermal Steam
Act of 1970 (30 U.S.C. 1023) is amended--
(1) by striking the section designation and all that
follows through ``The Secretary'' and inserting the following:
``SEC. 24. RULES AND REGULATIONS.
``The Secretary''; and
(2) by adding at the end the following: ``The Secretary
shall, not later than 180 days after the date of enactment of
the Energy Permitting Reform Act of 2024, promulgate rules for
cost recovery, to be paid by permit applicants or lessees, to
facilitate the timely coordination and processing of leases,
permits, and authorizations and to reimburse the Secretary for
all reasonable administrative costs incurred from the
inspection and monitoring of activities thereunder.''.
(e) Federal Permitting Process.--Not later than 1 year after the
date of enactment of this Act, the Secretary of the Interior shall
promulgate regulations and establish a Federal permitting process to
allow for simultaneous, concurrent consideration of multiple phases of
a geothermal project, including--
(1) surface exploration;
(2) geophysical exploration;
(3) drilling; and
(4) power plant construction.
(f) Geothermal Production Parity.--Section 390 of the Energy Policy
Act of 2005 (42 U.S.C. 15942) is amended--
(1) in subsection (a)--
(A) by striking ``(NEPA)'' and inserting ``(42
U.S.C. 4321 et seq.) (referred to in this section as
`NEPA')'';
(B) by inserting ``(30 U.S.C. 181 et seq.)'' after
``Mineral Leasing Act''; and
(C) by inserting ``, or the Geothermal Steam Act of
1970 (30 U.S.C. 1001 et seq.) for the purpose of
exploration or development of geothermal resources''
before the period at the end; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``oil or gas''
and inserting ``oil, gas, or geothermal resources'';
and
(B) in paragraph (3), by striking ``oil or gas''
and inserting ``oil, gas, or geothermal resources''.
(g) Geothermal Ombudsman.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the Interior shall
appoint within the Bureau of Land Management a Geothermal
Ombudsman.
(2) Duties.--The Geothermal Ombudsman appointed under
paragraph (1) shall--
(A) act as a liaison between the individual field
offices of the Bureau of Land Management and the
Director of the Bureau of Land Management;
(B) provide dispute resolution services between the
individual field offices of the Bureau of Land
Management and applicants for geothermal resource
permits;
(C) monitor and facilitate permit processing
practices and timelines across individual field offices
of the Bureau of Land Management;
(D) develop best practices for the permitting and
leasing process for geothermal resources; and
(E) coordinate with the Federal Permitting
Improvement Steering Council.
(3) Report.--The Geothermal Ombudsman shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives
an annual report that describes the activities of the
Geothermal Ombudsman and evaluates the effectiveness of
geothermal permit processing during the preceding 1-year
period.
SEC. 209. ELECTRIC GRID PROJECTS.
(a) Definition of Previously Disturbed or Developed.--In this
section, the term ``previously disturbed or developed'' has the meaning
given the term in section 1021.410(g)(1) of title 10, Code of Federal
Regulations (or successor regulations).
(b) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, to facilitate timely permitting, the Secretary
of the Interior and the Secretary of Agriculture shall each promulgate
regulations for the use of 1 or more categorical exclusions under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
the following activities:
(1) Placement of an electric transmission or distribution
facility in an approved right-of-way corridor, if the corridor
was approved during the 5-year period ending on the date of
placement of the facility.
(2) Any repair, maintenance, replacement, upgrade,
modification, optimization, or minor relocation of, or addition
to, an existing electric transmission or distribution facility
or associated infrastructure within an existing right-of-way or
on otherwise previously disturbed or developed land, including
reconductoring and installation of grid-enhancing technologies.
(3) Construction, operation, upgrade, or decommissioning of
a battery or other energy storage technology on previously
disturbed or developed land.
SEC. 210. HARDROCK MINING MILL SITES.
(a) Multiple Mill Sites.--Section 2337 of the Revised Statutes (30
U.S.C. 42) is amended by adding at the end the following:
``(c) Additional Mill Sites.--
``(1) Definitions.--In this subsection:
``(A) Mill site.--The term `mill site' means a
location of public land that is reasonably necessary
for waste rock or tailings disposal or other operations
reasonably incident to mineral development on, or
production from land included in a plan of operations.
``(B) Operations; operator.--The terms `operations'
and `operator' have the meanings given those terms in
section 3809.5 of title 43, Code of Federal Regulations
(as in effect on the date of enactment of this
subsection).
``(C) Plan of operations.--The term `plan of
operations' means a plan of operations that an operator
must submit and the Secretary of the Interior or the
Secretary of Agriculture, as applicable, must approve
before an operator may begin operations, in accordance
with, as applicable--
``(i) subpart 3809 of title 43, Code of
Federal Regulations (or successor regulations
establishing application and approval
requirements); and
``(ii) part 228 of title 36, Code of
Federal Regulations (or successor regulations
establishing application and approval
requirements).
``(D) Public land.--The term `public land' means
land owned by the United States that is open to
location under sections 2319 through 2344 of the
Revised Statutes (30 U.S.C. 22 et seq.), including--
``(i) land that is mineral-in-character (as
defined in section 3830.5 of title 43, Code of
Federal Regulations (as in effect on the date
of enactment of this subsection));
``(ii) nonmineral land (as defined in
section 3830.5 of title 43, Code of Federal
Regulations (as in effect on the date of
enactment of this subsection)); and
``(iii) land where the mineral character
has not been determined.
``(2) In general.--Notwithstanding subsections (a) and (b),
where public land is needed by the proprietor of a lode or
placer claim for operations in connection with any lode or
placer claim within the proposed plan of operations, the
proprietor may--
``(A) locate and include within the plan of
operations as many mill site claims under this
subsection as are reasonably necessary for its
operations; and
``(B) use or occupy public land in accordance with
an approved plan of operations.
``(3) Mill sites convey no mineral rights.--A mill site
under this subsection does not convey mineral rights to the
locator.
``(4) Size of mill sites.--A location of a single mill site
under this subsection shall not exceed 5 acres.
``(5) Mill site and lode or placer claims on same tracts of
public land.--A mill site may be located under this subsection
on a tract of public land on which the claimant or operator
maintains a previously located lode or placer claim.
``(6) Effect on mining claims.--The location of a mill site
under this subsection shall not affect the validity of any lode
or placer claim, or any rights associated with such a claim.
``(7) Patenting.--A mill site under this section shall not
be eligible for patenting.
``(8) Savings provisions.--Nothing in this subsection--
``(A) diminishes any right (including a right of
entry, use, or occupancy) of a claimant;
``(B) creates or increases any right (including a
right of exploration, entry, use, or occupancy) of a
claimant on land that is not open to location under the
general mining laws;
``(C) modifies any provision of law or any prior
administrative action withdrawing land from location or
entry;
``(D) limits the right of the Federal Government to
regulate mining and mining-related activities
(including requiring claim validity examinations to
establish the discovery of a valuable mineral deposit)
in areas withdrawn from mining, including under--
``(i) the general mining laws;
``(ii) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et
seq.);
``(iii) the Wilderness Act (16 U.S.C. 1131
et seq.);
``(iv) sections 100731 through 100737 of
title 54, United States Code;
``(v) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
``(vi) division A of subtitle III of title
54, United States Code (commonly referred to as
the `National Historic Preservation Act'); or
``(vii) section 4 of the Act of July 23,
1955 (commonly known as the `Surface Resources
Act of 1955') (69 Stat. 368, chapter 375; 30
U.S.C. 612);
``(E) restores any right (including a right of
entry, use, or occupancy, or right to conduct
operations) of a claimant that--
``(i) existed prior to the date on which
the land was closed to, or withdrawn from,
location under the general mining laws; and
``(ii) that has been extinguished by such
closure or withdrawal; or
``(F) modifies section 404 of division E of the
Consolidated Appropriations Act, 2024 (Public Law 118-
42).''.
(b) Abandoned Hardrock Mine Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a separate account, to be known as the
``Abandoned Hardrock Mine Fund'' (referred to in this
subsection as the ``Fund'').
(2) Source of deposits.--Any amounts collected by the
Secretary of the Interior pursuant to the claim maintenance fee
under section 10101(a)(1) of the Omnibus Budget Reconciliation
Act of 1993 (30 U.S.C. 28f(a)(1)) on mill sites located under
subsection (c) of section 2337 of the Revised Statutes (30
U.S.C. 42) shall be deposited into the Fund.
(3) Use.--The Secretary of the Interior may make
expenditures from amounts available in the Fund, without
further appropriations, only to carry out section 40704 of the
Infrastructure Investment and Jobs Act (30 U.S.C. 1245).
(4) Allocation of funds.--Amounts made available under
paragraph (3)--
(A) shall be allocated in accordance with section
40704(e)(1) of the Infrastructure Investment and Jobs
Act (30 U.S.C. 1245(e)(1)); and
(B) may be transferred in accordance with section
40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)).
(c) Clerical Amendments.--Section 10101 of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f) is amended--
(1) by striking ``the Mining Law of 1872 (30 U.S.C. 28-
28e)'' each place it appears and inserting ``sections 2319
through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.)'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the second sentence, by striking
``Such claim maintenance fee'' and inserting
the following:
``(B) Fee.--The claim maintenance fee under
subparagraph (A)''; and
(ii) in the first sentence, by striking
``The holder of'' and inserting the following:
``(A) In general.--The holder of''; and
(B) in paragraph (2)--
(i) in the second sentence, by striking
``Such claim maintenance fee'' and inserting
the following:
``(B) Fee.--The claim maintenance fee under
subparagraph (A)''; and
(ii) in the first sentence, by striking
``The holder of'' and inserting the following:
``(A) In general.--The holder of''; and
(3) in subsection (b)--
(A) in the second sentence, by striking ``The
location fee'' and inserting the following:
``(2) Fee.--The location fee''; and
(B) in the first sentence, by striking ``The claim
main tenance fee'' and inserting the following:
``(1) In general.--The claim maintenance fee''.
TITLE III--FEDERAL OFFSHORE ENERGY LEASING AND PERMITTING
SEC. 301. OFFSHORE OIL AND GAS LEASING.
(a) Requirement.--Notwithstanding the 2024-2029 National Outer
Continental Shelf Oil and Gas Leasing Program (and any successor
leasing program that does not satisfy the requirements of this
section), the Secretary of the Interior (referred to in this title as
the ``Secretary'') shall conduct not less than 1 oil and gas lease sale
in each of calendar years 2025 through 2029, each of which shall be
conducted not later than August 31 of the applicable calendar year.
(b) Terms and Conditions.--The Secretary shall--
(1) conduct offshore oil and gas lease sales of sufficient
acreage to meet the conditions described in section 50265(b)(2)
of Public Law 117-169 (43 U.S.C. 3006(b)(2));
(2) with respect to an oil and gas lease sale conducted
under subsection (a), offer the same lease form, lease terms,
economic conditions, and stipulations as contained in the
revised final notice of sale entitled ``Gulf of Mexico Outer
Continental Shelf Oil and Gas Lease Sale 261'' (88 Fed. Reg.
80750 (November 20, 2023)); and
(3) if any acceptable bids have been received for any tract
offered in an oil and gas lease sale conducted under subsection
(a), issue such leases not later than 90 days after the lease
sale to the highest bids on the tracts offered, subject to the
procedures described in the Bureau of Ocean Energy Management
document entitled ``Summary of Procedures for Determining Bid
Adequacy at Offshore Oil and Gas Lease Sales Effective March
2016, with Central Gulf of Mexico Sale 241 and Eastern Gulf of
Mexico Sale 226''.
SEC. 302. OFFSHORE WIND ENERGY.
(a) Offshore Wind Lease Sale Requirement.--Effective on the date of
enactment of this Act, the Secretary shall--
(1) subject to the limitations described in section
50265(b)(2) of Public Law 117-169 (43 U.S.C. 3006(b)(2)),
conduct not less than 1 offshore wind lease sale in each of
calendar years 2025 through 2029, each of which shall be
conducted not later than August 31 of the applicable calendar
year; and
(2) if any acceptable bids have been received for a tract
offered in the lease sale, as determined by the Secretary,
issue such leases not later than 90 days after the lease sale
to the highest bidder on the offered tract.
(b) Area Offered for Leasing.--
(1) Total acres for lease.--Subject to paragraph (2), the
Secretary shall offer for offshore wind leasing a sum total of
not less than 400,000 acres per calendar year.
(2) Minimum acreage.--An offshore wind lease issued by the
Secretary that is less than 80,000 acres shall not be counted
toward the acreage requirement under paragraph (1).
(c) Production Goal for Offshore Wind Energy.--
(1) Initial goal.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish an
initial target date for an offshore wind energy production goal
of 30 gigawatts.
(2) Periodic goal revision.--The Secretary shall, in
consultation with the heads of other relevant Federal agencies,
periodically revise national goals for offshore wind energy
production on the outer Continental Shelf as initially
established under paragraph (1).
(d) Outer Continental Shelf Lands Act.--Section 8(p) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(p)) is amended--
(1) by striking paragraph (10) and inserting the following:
``(10) Applicability.--
``(A) In general.--Except as provided in
subparagraph (B), this subsection does not apply to any
area on the outer Continental Shelf within the exterior
boundaries of any unit of the National Park System, the
National Wildlife Refuge System, the National Marine
Sanctuary System, or any National Monument.
``(B) Exception.--Notwithstanding subparagraph (A),
the Secretary, in consultation with the Secretary of
Commerce under section 304(d) of the National Marine
Sanctuaries Act (16 U.S.C. 1434(d)), may grant rights-
of-way on the outer Continental Shelf within units of
the National Marine Sanctuary System for the
transmission of electricity generated by or produced
from renewable energy.''; and
(2) by adding at the end the following:
``(11) Duration of permits in marine sanctuaries.--
Notwithstanding section 310(c)(2) of the National Marine
Sanctuaries Act (16 U.S.C. 1441(c)(2)), any permit or
authorization granted under that Act that authorizes the
installation, operation, or maintenance of electric
transmission cables on a right-of-way granted by the Secretary
described in paragraph (10)(B) shall be issued for a term equal
to the duration of the right-of-way granted by the
Secretary.''.
(e) Savings Clause.--Nothing in this section, or an amendment made
by this section, modifies the limitations described in section
50265(b)(2) of Public Law 117-169 (43 U.S.C. 3006(b)(2)).
TITLE IV--ELECTRIC TRANSMISSION
SEC. 401. TRANSMISSION PERMITTING.
(a) Definitions.--Section 216 of the Federal Power Act (16 U.S.C.
824p) is amended by striking subsection (a) and inserting the
following:
``(a) Definitions.--In this section:
``(1) Commission.--The term `Commission' means the Federal
Energy Regulatory Commission.
``(2) Improved reliability.--The term `improved
reliability' has the meaning given the term in section 225(a).
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(4) Transmission planning region.--The term `transmission
planning region' has the meaning given the term in section
225(a).''.
(b) Construction Permit.--Section 216(b) of the Federal Power Act
(16 U.S.C. 824p(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Except'' and all that follows through ``finds that'' and
inserting ``Except as provided in subsections (d)(1) and (i),
the Commission may, after notice and an opportunity for
hearing, issue one or more permits for the construction or
modification of electric transmission facilities necessary in
the national interest if the Commission finds that'';
(2) in paragraph (1)--
(A) in subparagraph (A)(i), by inserting ``or
modification'' after ``siting''; and
(B) in subparagraph (C)--
(i) in the matter preceding clause (i), by
inserting ``or modification'' after ``siting'';
and
(ii) in clause (i), by striking ``the later
of'' in the matter preceding subclause (I) and
all that follows through the semicolon at the
end of subclause (II) and inserting ``the date
on which the application was filed with the
State commission or other entity;''; and
(3) by striking paragraphs (2) through (6) and inserting
the following:
``(2) the proposed facilities will be used for the
transmission of electric energy in interstate (including
transmission from the outer Continental Shelf to a State) or
foreign commerce;
``(3) the proposed construction or modification is
consistent with the public interest;
``(4) the proposed construction or modification will
significantly reduce transmission congestion in interstate
commerce, protect or benefit consumers, and provide improved
reliability;
``(5) the proposed construction or modification is
consistent with sound national energy policy and will enhance
energy independence;
``(6) the electric transmission facilities are capable of
transmitting electric energy at a voltage of not less than 100
kilovolts or, in the case of facilities that include advanced
transmission conductors (including superconductors), as defined
by the Commission, voltages determined to be appropriate by the
Commission; and
``(7) the proposed modification (including reconductoring)
will maximize, to the extent reasonable and economical, the
transmission capabilities of existing towers, structures, or
rights-of-way.''.
(c) State Siting and Consultation.--Section 216 of the Federal
Power Act (16 U.S.C. 824p) is amended by striking subsection (d) and
inserting the following:
``(d) State Siting and Consultation.--
``(1) Preservation of state siting authority.--The
Commission shall have no authority to issue a permit under
subsection (b) for the construction or modification of an
electric transmission facility within a State except as
provided in paragraph (1) of that subsection.
``(2) Consultation.--In any proceeding before the
Commission under subsection (b), the Commission shall afford
each State 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.''.
(d) Rights-of-Way.--Section 216(e)(3) of the Federal Power Act (16
U.S.C. 824p(e)(3)) is amended by striking ``shall conform'' and all
that follows through the period at the end and inserting ``shall be in
accordance with rule 71.1 of the Federal Rules of Civil Procedure.''.
(e) Cost Allocation.--
(1) In general.--Section 216 of the Federal Power Act (16
U.S.C. 824p) is amended by striking subsection (f) and
inserting the following:
``(f) Cost Allocation.--
``(1) Transmission tariffs.--For the purposes of this
section, any transmitting utility that owns, controls, or
operates electric transmission facilities that the Commission
finds to be consistent with the findings under paragraphs (2)
through (6) and, if applicable, (7) of subsection (b) shall
file a tariff or tariff revision with the Commission pursuant
to section 205 and the regulations of the Commission allocating
the costs of the new or modified transmission facilities.
``(2) Transmission benefits.--The Commission shall require
that tariffs or tariff revisions filed under this subsection
are just and reasonable and allocate the costs of providing
service to customers that benefit, in accordance with the cost-
causation principle, including through--
``(A) improved reliability;
``(B) reduced congestion;
``(C) reduced power losses;
``(D) greater carrying capacity;
``(E) reduced operating reserve requirements; and
``(F) improved access to lower cost generation that
achieves reductions in the cost of delivered power.
``(3) Ratepayer protection.--Customers that receive no
benefit, or benefits that are trivial in relation to the costs
sought to be allocated, from electric transmission facilities
constructed or modified under this section shall not be
involuntarily allocated any of the costs of those transmission
facilities.''.
(2) Savings provision.--If the Federal Energy Regulatory
Commission finds that the considerations under paragraphs (2)
through (6) and, if applicable, (7) of subsection (b) of
section 216 of the Federal Power Act (16 U.S.C. 824p) (as
amended by subsection (b)) are met, nothing in this section or
the amendments made by this section shall be construed to
exclude transmission facilities located on the outer
Continental Shelf from being eligible for cost allocation
established under subsection (f)(1) of that section (as amended
by paragraph (1)).
(f) Coordination of Federal Authorizations for Transmission
Facilities.--Section 216(h) of the Federal Power Act (16 U.S.C.
824p(h)) is amended--
(1) in paragraph (2), by striking the period at the end and
inserting the following: ``, except that--
``(A) the Commission shall act as the lead agency in the
case of facilities permitted under subsection (b) and section
225; and
``(B) the Department of the Interior shall act as the lead
agency in the case of facilities located on a lease, easement,
or right-of-way granted by the Secretary of the Interior under
section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(p)(1)(C)).'';
(2) in each of paragraphs (3), (4)(B), (4)(C), (5)(B),
(6)(A), (7)(A), (7)(B)(i), (8)(A)(i), and (9), by striking
``Secretary'' each place it appears and inserting ``lead
agency'';
(3) in paragraph (4)(A), by striking ``As head of the lead
agency, the Secretary'' and inserting ``The lead agency'';
(4) in paragraph (5)(A), by striking ``As lead agency head,
the Secretary'' and inserting ``The lead agency''; and
(5) in paragraph (7)--
(A) in subparagraph (A), by striking ``18 months
after the date of enactment of this section'' and
inserting ``18 months after the date of enactment of
the Energy Permitting Reform Act of 2024''; and
(B) in subparagraph (B)(i), by striking ``1 year
after the date of enactment of this section'' and
inserting ``18 months after the date of enactment of
the Energy Permitting Reform Act of 2024''.
(g) Interstate Compacts.--Section 216(i) of the Federal Power Act
(16 U.S.C. 824p(i)) is amended--
(1) in paragraph (3), by striking ``, including facilities
in national interest electric transmission corridors''; and
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a period;
(B) by striking subparagraph (B); and
(C) by striking ``in disagreement'' in the matter
preceding subparagraph (A) and all that follows through
``(A) the'' in subparagraph (A) and inserting ``unable
to reach an agreement on an application seeking
approval by the''.
(h) Transmission Infrastructure Investment.--Section 219(b)(4) of
the Federal Power Act (16 U.S.C. 824s(b)(4)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) all prudently incurred costs associated with
payments to jurisdictions impacted by electric
transmission facilities developed pursuant to section
216 or 225.''.
(i) Jurisdiction.--Section 216 of the Federal Power Act (16 U.S.C.
824p) is amended by striking subsection (k) and inserting the
following:
``(k) Jurisdiction.--
``(1) ERCOT.--This section shall not apply within the area
referred to in section 212(k)(2)(A).
``(2) Other utilities.--For the purposes of this section,
the Commission shall have jurisdiction over all transmitting
utilities, including transmitting utilities described in
section 201(f), but excluding any ERCOT utility (as defined in
section 212(k)(2)(B)).''.
(j) Conforming Amendments.--
(1) Section 50151(b) of Public Law 117-169 (42 U.S.C.
18715(b)) is amended by striking ``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 ``facilities in a geographic area identified
under section 224 of the Federal Power Act''.
(2) Section 1222 of the Energy Policy Act of 2005 (42
U.S.C. 16421) is amended--
(A) in subsection (a)(1)(A), by striking ``in a
national interest electric transmission corridor
designated under section 216(a)'' and inserting ``in a
geographic area identified under section 224''; and
(B) in subsection (b)(1)(A), by striking ``in an
area designated under section 216(a)'' and inserting
``in a geographic area identified under section 224''.
(3) Section 40106(h)(1)(A) of the Infrastructure Investment
and Jobs Act (42 U.S.C. 18713(h)(1)(A)) is amended by striking
``in an area designated as a national interest electric
transmission corridor pursuant to section 216(a) of the Federal
Power Act 16 U.S.C. 824p(a)'' and inserting ``in a geographic
area identified under section 224 of the Federal Power Act''.
(k) Savings Provision.--Nothing in this section or an amendment
made by this section grants authority to the Federal Energy Regulatory
Commission under the Federal Power Act (16 U.S.C. 791a et seq.) over
sales of electric energy at retail or the local distribution of
electricity.
SEC. 402. TRANSMISSION PLANNING.
(a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et
seq.) is amended by adding at the end the following:
``SEC. 224. TRANSMISSION STUDY.
``(a) In General.--Not later than 1 year after the date of
enactment of this section and every 3 years thereafter, the Secretary
of Energy (referred to in this section as the `Secretary'), in
consultation with affected States and Indian Tribes, shall conduct a
study of electric transmission capacity constraints and congestion.
``(b) Report.--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 and Indian Tribes), shall issue a report, based on the study
under subsection (a) or other information relating to electric
transmission capacity constraints and congestion, which may identify
any geographic area that--
``(1) is experiencing electric energy transmission capacity
constraints or congestion that adversely affects consumers; or
``(2) is expected to experience such energy transmission
capacity constraints or congestion.
``(c) Consultation.--Not less frequently than once every 3 years,
the Secretary, in conducting the study under subsection (a) and issuing
the report under subsection (b), shall consult with affected
transmission planning regions (as defined in section 225(a)) and any
appropriate regional entity referred to in section 215.
``SEC. 225. PLANNING FOR TRANSMISSION FACILITIES THAT ENHANCE GRID
RELIABILITY, AFFORDABILITY, AND RESILIENCE.
``(a) Definitions.--In this section:
``(1) Commission.--The term `Commission' means the Federal
Energy Regulatory Commission.
``(2) ERO.--The term `ERO' has the meaning given the term
in section 215(a).
``(3) Improved reliability.--The term `improved
reliability' means that, on balance, considering each of the
matters described in subparagraphs (A) through (D), reliability
is improved in a material manner that benefits customers
through at least one of the following:
``(A) facilitating compliance with a mandatory
standard for reliability approved by the Commission
under section 215;
``(B) a reduction in expected unserved energy, loss
of load hours, or loss of load probability (as defined
by the ERO);
``(C) facilitating compliance with a tariff
requirement or process for resource adequacy on file
with the Commission; and
``(D) any other similar material improvement,
including a reduction in correlated outage risk, such
as achieved through increased geographic or resource
diversification.
``(4) Interregional transmission facility.--The term
`interregional transmission facility' means a transmission
facility that--
``(A) is located within 2 or more neighboring
transmission planning regions; or
``(B) significantly impacts the ability of 1 or
more transmission planning regions to transmit electric
energy among neighboring transmission planning regions.
``(5) Transmission planning region.--
``(A) In general.--The term `transmission planning
region'--
``(i) when used in a geographical sense,
means a region for which the Commission
determines that electric transmission planning
is appropriate, such as a region established in
accordance with Order No. 1000 of the
Commission, entitled `Transmission Planning and
Cost Allocation by Transmission Owning and
Operating Public Utilities' (76 Fed. Reg. 49842
(August 11, 2011)); and
``(ii) when used in a corporate sense,
means the Transmission Organization or other
entity responsible for planning or operating
electric transmission facilities within a
region described in clause (i).
``(B) Exclusion.--The term `transmission planning
region' does not include the Electric Reliability
Council of Texas or the region served by members of the
Electric Reliability Council of Texas.
``(b) Jurisdiction.--
``(1) ERCOT.--This section shall not apply within the area
referred to in section 212(k)(2)(A).
``(2) Other utilities.--For the purposes of this section,
the Commission shall have jurisdiction over all transmitting
utilities, including transmitting utilities described in
section 201(f), but excluding any ERCOT utility (as defined in
section 212(k)(2)(B)).
``(c) Rulemaking Requirement.--Not later than 180 days after the
date of enactment of this section, the Commission shall, consistent
with the requirements of this section, by rule--
``(1) require neighboring transmission planning regions to
jointly plan with each other;
``(2) require each transmission planning region to submit
to the Commission for approval a joint interregional
transmission plan with each of its neighboring transmission
planning regions, which requirement may, at the discretion of
the transmission planning region, be satisfied through the
submission of--
``(A) a separate joint interregional transmission
plan with each of its neighboring transmission planning
regions; or
``(B) 1 or more joint interregional transmission
plans, any of which may be submitted with any 1 or more
of its neighboring transmission planning regions; and
``(3) establish rate treatments for interregional
transmission planning and cost allocation.
``(d) Plan Elements.--The Commission shall require, within the rule
under subsection (c), that joint interregional transmission plans
contain the following elements:
``(1) Compatibility.--A common set of input assumptions and
models, on a consistent timeline, that--
``(A) allow for the joint identification and
selection, by transmission planning regions, of
specific interregional transmission facilities for
construction or modification, including through the use
of advanced transmission conductors (including
superconductors) and reconductoring;
``(B) consider, to the extent reasonable and
economical, modifications that maximize the
transmission capabilities of existing towers,
structures, or rights-of-way; and
``(C) consider existing transmission plans.
``(2) Transmission benefits.--A common set of benefits for
interregional transmission planning and cost allocation,
including--
``(A) improved reliability;
``(B) reduced congestion;
``(C) reduced power losses;
``(D) greater carrying capacity;
``(E) reduced operating reserve requirements; and
``(F) improved access to lower cost generation that
achieves reductions in the cost of delivered power.
``(3) Selection criteria.--Criteria governing the selection
by transmission planning regions, for construction or
modification, of interregional transmission facilities that--
``(A) provide improved reliability;
``(B) protect or benefit consumers; and
``(C) are consistent with the public interest.
``(e) Deadline; Updates.--The joint interregional transmission
plans required to be submitted to the Commission pursuant to the rule
under subsection (c) shall be--
``(1) submitted to the Commission not later than 2 years
after the date of enactment of this section; and
``(2) updated not less frequently than once every 4 years.
``(f) Commission Review.--The Commission shall--
``(1) review each joint interregional transmission plan
submitted pursuant to the rule under subsection (c); and
``(2) approve the joint interregional transmission plan if
the Commission finds that the plan--
``(A) meets the requirements of subsection (d);
``(B) allocates costs in accordance with subsection
(g);
``(C) ensures that all rates, charges, terms, and
conditions will be just and reasonable and not unduly
discriminatory or preferential; and
``(D) is consistent with the public interest.
``(g) Cost Allocation.--
``(1) Transmission tariffs.--For the purposes of this
section, any transmitting utility that owns, controls, or
operates electric transmission facilities constructed or
modified as a result of this section shall file a tariff or
tariff revision with the Commission pursuant to section 205 and
the regulations of the Commission allocating the costs of the
new or modified transmission facilities.
``(2) Requirement.--The Commission shall require that
tariffs or tariff revisions filed under this section are just
and reasonable and allocate the costs of providing service to
customers that benefit, in accordance with the cost-causation
principle, including through the benefits described in
subsection (d)(2).
``(3) Ratepayer protection.--Customers that receive no
benefit, or benefits that are trivial in relation to the costs
sought to be allocated, from electric transmission facilities
constructed or modified under this section shall not be
involuntarily allocated any of the costs of those transmission
facilities.
``(h) Construction Permit.--For the purposes of obtaining a
construction permit under section 216(b), a project that is selected by
transmission planning regions pursuant to a joint interregional
transmission plan shall be considered to satisfy paragraphs (2) through
(6) and, if applicable, (7) of that section.
``(i) Dispute Resolution.--In the event of a dispute between
transmission planning regions with respect to a material element of a
joint interregional transmission plan--
``(1) the transmission planning regions shall submit to the
Commission their respective proposals for resolving the
material element in dispute for resolution; and
``(2) not later than 60 days after the proposals are
submitted under paragraph (1), the Commission shall issue an
order directing a resolution to the dispute.
``(j) Failure To Submit Plan.--In the event that neighboring
transmission planning regions fail to submit to the Commission a joint
interregional transmission plan under this section, the Commission
shall, as the Commission determines to be appropriate--
``(1) grant a request to extend the time for submission of
the joint interregional transmission plan; or
``(2) require, by order, the transmitting utilities within
the affected transmission planning regions to comply with a
joint interregional transmission plan approved by the
Commission--
``(A) based on the record of the planning process
conducted by the affected transmission planning
regions; and
``(B) in accordance with the cost allocation
provisions in subsection (g).
``(k) NEPA.--For purposes of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.)--
``(1) any approval of a joint interregional transmission
plan under subsection (f) or (j) or order directing resolution
of a dispute under subsection (i) shall not be considered a
major Federal action; and
``(2) any permit granted under section 216(b) for a project
that is selected by transmission planning regions pursuant to a
joint interregional transmission plan shall be considered a
major Federal action.
``(l) Savings Provision.--Except as expressly provided in this
section, nothing in this section shall be construed as conferring,
limiting, or impairing any authority of the Commission under any other
provision of law.''.
(b) Conforming Amendments.--Section 201 of the Federal Power Act
(16 U.S.C. 824) is amended--
(1) in subsection (b)(2)--
(A) in the first sentence, by striking ``and 222''
and inserting ``222, and 225''; and
(B) in the second sentence, by striking ``or 222''
and inserting ``222, or 225''; and
(2) in subsection (e)--
(A) by striking ``206(f),''; and
(B) by striking ``or 222'' and inserting ``222, or
225''.
(c) Savings Provision.--Nothing in this section or an amendment
made by this section grants authority to the Federal Energy Regulatory
Commission under the Federal Power Act (16 U.S.C. 791a et seq.) over
sales of electric energy at retail or the local distribution of
electricity.
TITLE V--ELECTRIC RELIABILITY
SEC. 501. RELIABILITY ASSESSMENTS.
Section 215 of the Federal Power Act (16 U.S.C. 824o) is amended by
striking subsection (g) and inserting the following:
``(g) Reliability Reports.--
``(1) Periodic assessments.--The ERO shall conduct periodic
assessments of the reliability and adequacy of the bulk-power
system in North America.
``(2) Reliability assessments for regulations.--(A)
Whenever the Commission determines, on its own motion or on
request from another Federal agency, an affected transmission
organization, or any State commission, that a rule, regulation,
or standard proposed by a Federal agency other than the
Commission is likely to result in a violation of a tariff
requirement or process for resource adequacy on file with the
Commission or a mandatory standard for reliability approved by
the Commission, the Commission shall require, by order, the ERO
to assess and report on the effects of the proposed rule,
regulation, or standard on the reliable operation of the bulk-
power system.
``(B) An ERO reliability assessment ordered under
subparagraph (A) shall--
``(i) identify any reasonably foreseeable
significant adverse effects on the reliable operation
of the bulk-power system that the ERO anticipates will
result from the proposed rule, regulation, or standard;
``(ii) account for mitigations that will be
available under existing rules, regulations, or tariffs
governing facilities of the bulk-power system under
this Act that will reduce or prevent significant
adverse effects on the reliable operation of the bulk-
power system from the proposed rule, regulation, or
standard; and
``(iii) take into account the technical views of
affected transmission organizations regarding effects
on the reliable operation of the bulk-power system from
the proposed rule, regulation, or standard.
``(C) The ERO shall--
``(i) submit the report required under subparagraph
(A) to the public docket of the Federal agency
proposing the rule, regulation, or standard, and, if
practicable, make such submission within the time
period established by such Federal agency for
submission of public comments on the proposed rule,
regulation, or standard;
``(ii) submit such report to the Commission; and
``(iii) publish such report in a publicly available
format.
``(D) This paragraph shall apply to proposed rules,
regulations, or standards pending on, or proposed on or after,
the date of enactment of this paragraph.''.
TITLE VI--LIQUEFIED NATURAL GAS EXPORTS
SEC. 601. ACTION ON APPLICATIONS.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended--
(1) in subsection (e)(3)(A), by inserting ``and subsection
(g)'' after ``subparagraph (B)''; and
(2) by adding at the end the following:
``(g) Deadline To Act on Certain Export Applications.--
``(1) In general.--The Commission shall grant or deny an
application under subsection (a) to export to a foreign country
any natural gas from the United States not later than 90 days
after the later of--
``(A) the date on which the notice of availability
for each final review required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for the exporting facility is published with
respect to an application--
``(i) under subsection (e); or
``(ii) for a license for the ownership,
construction, or operation of a deepwater port,
under section 4 of the Deepwater Port Act of
1974 (33 U.S.C. 1503); and
``(B) the date of enactment of this subsection.
``(2) Applications to re-export.--The Commission shall
grant or deny an application under subsection (a) to re-export
to another foreign country any natural gas that has been
exported from the United States to Canada or Mexico for
liquefaction in Canada or Mexico, or the territorial waters of
Canada or Mexico, not later than 90 days after the later of--
``(A) the date on which the notice of availability
for each draft review required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for the application is published; and
``(B) the date of enactment of this subsection.
``(3) Applications for extensions.--The Commission shall
grant or deny an application for an extension of a previously
issued authorization to export natural gas described in
paragraph (1) or (2) not later than 90 days after the later
of--
``(A) the date the application for extension is
received by the Commission; and
``(B) the date of enactment of this subsection.
``(4) Failure to act.--If the Commission fails to grant or
deny an application subject to this subsection by the
applicable date required by this subsection, the application
shall be considered to be granted and a final agency order.''.
SEC. 602. SUPPLEMENTAL REVIEWS.
(a) Definitions.--In this section:
(1) 2018 lng export study.--The term ``2018 LNG Export
Study'' means the report entitled ``Macroeconomic Outcomes of
Market Determined Levels of U.S. LNG Exports'', prepared by
NERA Economic Consulting for the National Energy Technology
Laboratory of the Department of Energy, published June 7, 2018.
(2) 2019 life cycle ghg review.--The term ``2019 Life Cycle
GHG Review'' means the report entitled ``Life Cycle Greenhouse
Gas Perspective on Exporting Liquefied Natural Gas from the
United States'', prepared by S. Roman-White, S. Rai, J.
Littlefield, G. Cooney, and T. J. Skone for the National Energy
Technology Laboratory of the Department of Energy, published
September 12, 2019.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(4) Supplemental greenhouse gas review.--The term
``supplemental greenhouse gas review'' means a review prepared
or commissioned by the Department of Energy and published after
January 26, 2024, that analyzes the life cycle greenhouse gas
emissions of liquefied natural gas exports from the United
States, including consideration of the modeling parameters used
in the 2019 Life Cycle GHG Review.
(5) Supplemental macroeconomic review.--The term
``supplemental macroeconomic review'' means a review prepared
or commissioned by the Department of Energy and published after
January 26, 2024, that analyzes the macroeconomic outcomes of
different levels of liquefied natural gas exports from the
United States, including consideration of the natural gas
market factors and macroeconomic factors analyzed in the 2018
LNG Export Study.
(6) Supplemental review.--The term ``supplemental review''
means a supplemental greenhouse gas review or a supplemental
macroeconomic review.
(b) Requirements for Supplemental Reviews.--
(1) Notice and comment on proposed supplemental reviews.--
Before finalizing a supplemental review, the Secretary shall
publish a notice of availability of the proposed supplemental
review in the Federal Register pursuant to the notice and
comment provisions of section 553 of title 5, United States
Code.
(2) Quality of supplemental reviews.--A supplemental review
shall be subject to a peer review process consistent with the
final bulletin of the Office of Management and Budget entitled
``Final Information Quality Bulletin for Peer Review'' (70 Fed.
Reg. 2664 (January 14, 2005)) (or successor guidance).
(3) Pending applications.--For a review of an application
to grant, deny, or extend an order under section 3(a) of the
Natural Gas Act (15 U.S.C. 717b(a)) to export to a foreign
country any natural gas from an LNG terminal in the United
States or from a facility subject to section 4 of the Deepwater
Port Act of 1974 (33 U.S.C. 1503), or to re-export to another
foreign country any natural gas that has been exported from the
United States to Canada or Mexico for liquefaction in Canada or
Mexico, or the territorial waters of Canada or Mexico, the
Secretary shall base any evaluation of--
(A) macroeconomic outcomes on the results of the
2018 LNG Export Study, or predecessor documents, unless
and until the Secretary finalizes and implements a
supplemental macroeconomic review; and
(B) life cycle greenhouse gas emissions on the
results of the 2019 Life Cycle GHG Review, or
predecessor documents, unless and until the Secretary
finalizes and implements a supplemental greenhouse gas
review.
TITLE VII--HYDROPOWER
SEC. 701. HYDROPOWER LICENSE EXTENSIONS.
(a) Definition of Covered Project.--In this section, the term
``covered project'' means a hydropower project with respect to which
the Federal Energy Regulatory Commission issued a license before March
13, 2020.
(b) Authorization of Extension.--Notwithstanding section 13 of the
Federal Power Act (16 U.S.C. 806), on the request of a licensee of a
covered project, the Federal Energy Regulatory Commission may, after
reasonable notice and for good cause shown, extend in accordance with
subsection (c) the period during which the licensee is required to
commence construction of the covered project for an additional 4 years
beyond the 8 years authorized by that section.
(c) Period of Extension.--An extension of time to commence
construction of a covered project under subsection (b) shall--
(1) begin on the date on which the final extension of the
period for commencement of construction granted to the licensee
under section 13 of the Federal Power Act (16 U.S.C. 806)
expires; and
(2) end on the date that is 4 years after the latest date
to which the Federal Energy Regulatory Commission is authorized
to extend the period for commencement of construction under
that section.
(d) Reinstatement of Expired License.--If the time period required
under section 13 of the Federal Power Act (16 U.S.C. 806) to commence
construction of a covered project expires after December 31, 2023, and
before the date of enactment of this Act--
(1) the Commission may reinstate the license for the
applicable project effective as of the date of expiration of
the license; and
(2) the extension authorized under subsection (b) shall
take effect on the date of that expiration.
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