[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4753 Reported in Senate (RS)]
<DOC>
Calendar No. 756
118th CONGRESS
2d Session
S. 4753
[Report No. 118-336]
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
December 19 (legislative day, December 16), 2024
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Energy
Permitting Reform Act of 2024''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--ACCELERATING CLAIMS
<DELETED>Sec. 101. Accelerating claims.
<DELETED>TITLE II--FEDERAL ONSHORE ENERGY LEASING AND PERMITTING
<DELETED>Sec. 201. Onshore oil and gas leasing.
<DELETED>Sec. 202. Term of application for permit to drill.
<DELETED>Sec. 203. Permitting compliance on non-Federal land.
<DELETED>Sec. 204. Coal leases on Federal land.
<DELETED>Sec. 205. Rights-of-way across Indian land.
<DELETED>Sec. 206. Accelerating renewable energy permitting.
<DELETED>Sec. 207. Improving renewable energy coordination on Federal
land.
<DELETED>Sec. 208. Geothermal leasing and permitting improvements.
<DELETED>Sec. 209. Electric grid projects.
<DELETED>Sec. 210. Hardrock mining mill sites.
<DELETED>TITLE III--FEDERAL OFFSHORE ENERGY LEASING AND PERMITTING
<DELETED>Sec. 301. Offshore oil and gas leasing.
<DELETED>Sec. 302. Offshore wind energy.
<DELETED>TITLE IV--ELECTRIC TRANSMISSION
<DELETED>Sec. 401. Transmission permitting.
<DELETED>Sec. 402. Transmission planning.
<DELETED>TITLE V--ELECTRIC RELIABILITY
<DELETED>Sec. 501. Reliability assessments.
<DELETED>TITLE VI--LIQUEFIED NATURAL GAS EXPORTS
<DELETED>Sec. 601. Action on applications.
<DELETED>Sec. 602. Supplemental reviews.
<DELETED>TITLE VII--HYDROPOWER
<DELETED>Sec. 701. Hydropower license extensions.
<DELETED>TITLE I--ACCELERATING CLAIMS</DELETED>
<DELETED>SEC. 101. ACCELERATING CLAIMS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Authorization.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Inclusions.--The term
``authorization'' includes--</DELETED>
<DELETED> (i) agency approvals of lease
sales, permits, or plans required to explore
for, develop, or produce minerals under--
</DELETED>
<DELETED> (I) the Mineral Leasing
Act (30 U.S.C. 181 et seq.);</DELETED>
<DELETED> (II) the Act of August 7,
1947 (commonly known as the ``Mineral
Leasing Act for Acquired Lands'') (30
U.S.C. 351 et seq.);</DELETED>
<DELETED> (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.);</DELETED>
<DELETED> (IV) sections 2319 through
2344 of the Revised Statutes (commonly
known as the ``Mining Law of 1872'')
(30 U.S.C. 22 et seq.);</DELETED>
<DELETED> (V) the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et
seq.); or</DELETED>
<DELETED> (VI) the Geothermal Steam
Act of 1970 (30 U.S.C. 1001 et seq.);
and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.):</DELETED>
<DELETED> (A) An environmental assessment.</DELETED>
<DELETED> (B) A finding of no significant
impact.</DELETED>
<DELETED> (C) An environmental impact
statement.</DELETED>
<DELETED> (D) A record of decision.</DELETED>
<DELETED> (3) Project.--The term ``project'' means a
project--</DELETED>
<DELETED> (A) proposed for the construction of
infrastructure--</DELETED>
<DELETED> (i) to develop, produce, generate,
store, transport, or distribute
energy;</DELETED>
<DELETED> (ii) to capture, remove,
transport, or store carbon dioxide;
or</DELETED>
<DELETED> (iii) to mine, extract,
beneficiate, or process minerals; and</DELETED>
<DELETED> (B) subject to the requirements that--
</DELETED>
<DELETED> (i) an environmental document be
prepared; and</DELETED>
<DELETED> (ii) the applicable agency issue
an authorization of the activity.</DELETED>
<DELETED> (4) Project sponsor.--The term ``project sponsor''
means an entity, including any private, public, or public-
private entity, seeking an authorization for a
project.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Remanded Actions.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE II--FEDERAL ONSHORE ENERGY LEASING AND
PERMITTING</DELETED>
<DELETED>SEC. 201. ONSHORE OIL AND GAS LEASING.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Mineral Leasing Act Reforms.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(3) Subdivision.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Resource management plans.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) Refund of expression of interest fee.--Section
17(q) of the Mineral Leasing Act (30 U.S.C. 226(q)) is
amended--</DELETED>
<DELETED> (A) by striking ``Secretary'' each place
it appears and inserting ``Secretary of the
Interior'';</DELETED>
<DELETED> (B) in paragraph (1), by striking
``nonrefundable''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Refundability.--Except as provided in
paragraph (3)(B), the fee assessed under paragraph (1) shall be
nonrefundable.''.</DELETED>
<DELETED>SEC. 202. TERM OF APPLICATION FOR PERMIT TO DRILL.</DELETED>
<DELETED> Section 17(p) of the Mineral Leasing Act (30 U.S.C.
226(p)) is amended by adding at the end the following:</DELETED>
<DELETED> ``(4) Term.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) all permits approved during
the 2-year period preceding the date of
enactment of this paragraph; and</DELETED>
<DELETED> ``(ii) all pending applications
for permit to drill submitted prior to the date
of enactment of this paragraph.''.</DELETED>
<DELETED>SEC. 203. PERMITTING COMPLIANCE ON NON-FEDERAL LAND.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the Federal Government--</DELETED>
<DELETED> (A) owns less than 50 percent of the
minerals within the oil and gas drilling or spacing
unit; and</DELETED>
<DELETED> (B) does not own or lease the surface
estate within the area directly impacted by the
action;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Notification.--For each State permit to drill or
drilling plan that would impact or extract oil and gas owned by the
Federal Government--</DELETED>
<DELETED> (1) each lessee of Federal minerals in the unit,
or designee of a lessee, shall--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (d) Effect.--Nothing in this section affects--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Authority on Non-Federal Land.--Section 17(g) of the
Mineral Leasing Act (30 U.S.C. 226(g)) is amended--</DELETED>
<DELETED> (1) by striking the subsection designation and all
that follows through ``Secretary of the Interior, or'' in the
first sentence and inserting the following:</DELETED>
<DELETED> ``(g)(1) The Secretary of the Interior, or'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) to require a bond to protect non-Federal
land;</DELETED>
<DELETED> ``(ii) to enter non-Federal land without the
consent of the applicable landowner;</DELETED>
<DELETED> ``(iii) to impose mitigation requirements;
or</DELETED>
<DELETED> ``(iv) to require approval for surface
reclamation.</DELETED>
<DELETED> ``(B) Land referred to in subparagraph (A) is land where--
</DELETED>
<DELETED> ``(i) the Federal Government--</DELETED>
<DELETED> ``(I) owns less than 50 percent of the
minerals within the oil and gas drilling or spacing
unit; and</DELETED>
<DELETED> ``(II) does not own or lease the surface
estate within the area directly impacted by the
action;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 204. COAL LEASES ON FEDERAL LAND.</DELETED>
<DELETED> (a) Deadlines.--</DELETED>
<DELETED> (1) In general.--Section 2(a) of the Mineral
Leasing Act (30 U.S.C. 201(a)) is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(6) Deadlines.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Conforming Amendments.--Section 2(a)(1) of the Mineral
Leasing Act (30 U.S.C. 201(a)(1)) is amended--</DELETED>
<DELETED> (1) in the first sentence--</DELETED>
<DELETED> (A) by striking ``he finds appropriate''
and inserting ``the Secretary of the Interior finds
appropriate''; and</DELETED>
<DELETED> (B) by striking ``he deems appropriate''
and inserting ``the Secretary of the Interior
determines to be appropriate'';</DELETED>
<DELETED> (2) in the sixth sentence, by striking ``Prior to
his determination'' and inserting ``Prior to a determination by
the Secretary of the Interior'';</DELETED>
<DELETED> (3) in the seventh sentence--</DELETED>
<DELETED> (A) by striking ``to make public his
judgment'' and inserting ``to make public the judgment
of the Secretary of the Interior''; and</DELETED>
<DELETED> (B) by striking ``comments he receives''
and inserting ``comments received by the Secretary of
the Interior''; and</DELETED>
<DELETED> (4) in the eighth sentence, by striking ``He is
hereby authorized'' and inserting ``The Secretary of the
Interior is authorized''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 205. RIGHTS-OF-WAY ACROSS INDIAN LAND.</DELETED>
<DELETED> 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.''.</DELETED>
<DELETED>SEC. 206. ACCELERATING RENEWABLE ENERGY PERMITTING.</DELETED>
<DELETED> (a) Deadline for Consideration of Applications for Rights-
of-Way.--</DELETED>
<DELETED> (1) Completeness of review.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) notify the applicant that the
application is complete; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Cost recovery and issuance or deferral.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) defer the decision on the
application and provide to the applicant
notice--</DELETED>
<DELETED> (I) that specifies steps
that the applicant can take for the
decision on the application to be
issued; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Low Disturbance Activities for Renewable Energy
Projects.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Activities described.--Low disturbance
activities referred to in paragraph (1) are the
following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (E) Maintenance of a minor activity, other
than any construction or major renovation, or a
building or facility.</DELETED>
<DELETED> (F) Preliminary geotechnical
investigations.</DELETED>
<DELETED> (G) The installation and removal of
temporary meteorological stations.</DELETED>
<DELETED>SEC. 207. IMPROVING RENEWABLE ENERGY COORDINATION ON FEDERAL
LAND.</DELETED>
<DELETED> (a) National Goal for Renewable Energy Production on
Federal Land.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Periodic goal revision.--Section 3104 of the
Energy Act of 2020 (43 U.S.C. 3004) is amended--</DELETED>
<DELETED> (A) in subsection (a), by inserting ``and
periodically revise'' after ``establish'';
and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (c) Renewable Energy Project Review Standards.--Section
3102 of the Energy Act of 2020 (43 U.S.C. 3002) is amended--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) by redesignating subsection (f) as subsection
(h); and</DELETED>
<DELETED> (3) by inserting after subsection (e) the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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)).</DELETED>
<DELETED>SEC. 208. GEOTHERMAL LEASING AND PERMITTING
IMPROVEMENTS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the commercial production of geothermal
resources;</DELETED>
<DELETED> (2) the use of geothermal resources for commercial
operations; or</DELETED>
<DELETED> (3) construction of permanent roads.</DELETED>
<DELETED> (b) Annual Leasing.--Section 4(b) of the Geothermal Steam
Act of 1970 (30 U.S.C. 1003(b)) is amended--</DELETED>
<DELETED> (1) in paragraph (2), by striking ``every 2
years'' and inserting ``per year''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(h) Deadlines for Consideration of Geothermal Drilling
Permits.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) provide written notice to the
applicant that the application is complete;
or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) defer the decision on the
application and provide to the applicant notice--
</DELETED>
<DELETED> ``(i) that specifies steps that
the applicant can take for the decision on the
application to be issued; and</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (d) Cost Recovery Authority.--Section 24 of the Geothermal
Steam Act of 1970 (30 U.S.C. 1023) is amended--</DELETED>
<DELETED> (1) by striking the section designation and all
that follows through ``The Secretary'' and inserting the
following:</DELETED>
<DELETED>``SEC. 24. RULES AND REGULATIONS.</DELETED>
<DELETED> ``The Secretary''; and</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) surface exploration;</DELETED>
<DELETED> (2) geophysical exploration;</DELETED>
<DELETED> (3) drilling; and</DELETED>
<DELETED> (4) power plant construction.</DELETED>
<DELETED> (f) Geothermal Production Parity.--Section 390 of the
Energy Policy Act of 2005 (42 U.S.C. 15942) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``(NEPA)'' and inserting
``(42 U.S.C. 4321 et seq.) (referred to in this section
as `NEPA')'';</DELETED>
<DELETED> (B) by inserting ``(30 U.S.C. 181 et
seq.)'' after ``Mineral Leasing Act''; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (2), by striking ``oil or
gas'' and inserting ``oil, gas, or geothermal
resources''; and</DELETED>
<DELETED> (B) in paragraph (3), by striking ``oil or
gas'' and inserting ``oil, gas, or geothermal
resources''.</DELETED>
<DELETED> (g) Geothermal Ombudsman.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Duties.--The Geothermal Ombudsman appointed
under paragraph (1) shall--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) provide dispute resolution services
between the individual field offices of the Bureau of
Land Management and applicants for geothermal resource
permits;</DELETED>
<DELETED> (C) monitor and facilitate permit
processing practices and timelines across individual
field offices of the Bureau of Land
Management;</DELETED>
<DELETED> (D) develop best practices for the
permitting and leasing process for geothermal
resources; and</DELETED>
<DELETED> (E) coordinate with the Federal Permitting
Improvement Steering Council.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 209. ELECTRIC GRID PROJECTS.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Construction, operation, upgrade, or
decommissioning of a battery or other energy storage technology
on previously disturbed or developed land.</DELETED>
<DELETED>SEC. 210. HARDROCK MINING MILL SITES.</DELETED>
<DELETED> (a) Multiple Mill Sites.--Section 2337 of the Revised
Statutes (30 U.S.C. 42) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(c) Additional Mill Sites.--</DELETED>
<DELETED> ``(1) Definitions.--In this subsection:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) subpart 3809 of title 43,
Code of Federal Regulations (or successor
regulations establishing application and
approval requirements); and</DELETED>
<DELETED> ``(ii) part 228 of title 36, Code
of Federal Regulations (or successor
regulations establishing application and
approval requirements).</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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));</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(iii) land where the mineral
character has not been determined.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) use or occupy public land in
accordance with an approved plan of
operations.</DELETED>
<DELETED> ``(3) Mill sites convey no mineral rights.--A mill
site under this subsection does not convey mineral rights to
the locator.</DELETED>
<DELETED> ``(4) Size of mill sites.--A location of a single
mill site under this subsection shall not exceed 5
acres.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(7) Patenting.--A mill site under this section
shall not be eligible for patenting.</DELETED>
<DELETED> ``(8) Savings provisions.--Nothing in this
subsection--</DELETED>
<DELETED> ``(A) diminishes any right (including a
right of entry, use, or occupancy) of a
claimant;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(C) modifies any provision of law or any
prior administrative action withdrawing land from
location or entry;</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the general mining
laws;</DELETED>
<DELETED> ``(ii) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et
seq.);</DELETED>
<DELETED> ``(iii) the Wilderness Act (16
U.S.C. 1131 et seq.);</DELETED>
<DELETED> ``(iv) sections 100731 through
100737 of title 54, United States
Code;</DELETED>
<DELETED> ``(v) the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.);</DELETED>
<DELETED> ``(vi) division A of subtitle III
of title 54, United States Code (commonly
referred to as the `National Historic
Preservation Act'); or</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(E) restores any right (including a
right of entry, use, or occupancy, or right to conduct
operations) of a claimant that--</DELETED>
<DELETED> ``(i) existed prior to the date on
which the land was closed to, or withdrawn
from, location under the general mining laws;
and</DELETED>
<DELETED> ``(ii) that has been extinguished
by such closure or withdrawal; or</DELETED>
<DELETED> ``(F) modifies section 404 of division E
of the Consolidated Appropriations Act, 2024 (Public
Law 118-42).''.</DELETED>
<DELETED> (b) Abandoned Hardrock Mine Fund.--</DELETED>
<DELETED> (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'').</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (4) Allocation of funds.--Amounts made available
under paragraph (3)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) may be transferred in accordance with
section 40704(e)(2) of that Act (30 U.S.C.
1245(e)(2)).</DELETED>
<DELETED> (c) Clerical Amendments.--Section 10101 of the Omnibus
Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is amended--
</DELETED>
<DELETED> (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.)'';</DELETED>
<DELETED> (2) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in the second sentence, by
striking ``Such claim maintenance fee'' and
inserting the following:</DELETED>
<DELETED> ``(B) Fee.--The claim maintenance fee
under subparagraph (A)''; and</DELETED>
<DELETED> (ii) in the first sentence, by
striking ``The holder of'' and inserting the
following:</DELETED>
<DELETED> ``(A) In general.--The holder of'';
and</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (i) in the second sentence, by
striking ``Such claim maintenance fee'' and
inserting the following:</DELETED>
<DELETED> ``(B) Fee.--The claim maintenance fee
under subparagraph (A)''; and</DELETED>
<DELETED> (ii) in the first sentence, by
striking ``The holder of'' and inserting the
following:</DELETED>
<DELETED> ``(A) In general.--The holder of'';
and</DELETED>
<DELETED> (3) in subsection (b)--</DELETED>
<DELETED> (A) in the second sentence, by striking
``The location fee'' and inserting the
following:</DELETED>
<DELETED> ``(2) Fee.--The location fee''; and</DELETED>
<DELETED> (B) in the first sentence, by striking
``The claim main tenance fee'' and inserting the
following:</DELETED>
<DELETED> ``(1) In general.--The claim maintenance
fee''.</DELETED>
<DELETED>TITLE III--FEDERAL OFFSHORE ENERGY LEASING AND
PERMITTING</DELETED>
<DELETED>SEC. 301. OFFSHORE OIL AND GAS LEASING.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Terms and Conditions.--The Secretary shall--</DELETED>
<DELETED> (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));</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 302. OFFSHORE WIND ENERGY.</DELETED>
<DELETED> (a) Offshore Wind Lease Sale Requirement.--Effective on
the date of enactment of this Act, the Secretary shall--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Area Offered for Leasing.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (c) Production Goal for Offshore Wind Energy.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (d) Outer Continental Shelf Lands Act.--Section 8(p) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)) is amended--
</DELETED>
<DELETED> (1) by striking paragraph (10) and inserting the
following:</DELETED>
<DELETED> ``(10) Applicability.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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)).</DELETED>
<DELETED>TITLE IV--ELECTRIC TRANSMISSION</DELETED>
<DELETED>SEC. 401. TRANSMISSION PERMITTING.</DELETED>
<DELETED> (a) Definitions.--Section 216 of the Federal Power Act (16
U.S.C. 824p) is amended by striking subsection (a) and inserting the
following:</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Commission.--The term `Commission' means the
Federal Energy Regulatory Commission.</DELETED>
<DELETED> ``(2) Improved reliability.--The term `improved
reliability' has the meaning given the term in section
225(a).</DELETED>
<DELETED> ``(3) Secretary.--The term `Secretary' means the
Secretary of Energy.</DELETED>
<DELETED> ``(4) Transmission planning region.--The term
`transmission planning region' has the meaning given the term
in section 225(a).''.</DELETED>
<DELETED> (b) Construction Permit.--Section 216(b) of the Federal
Power Act (16 U.S.C. 824p(b)) is amended--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (2) in paragraph (1)--</DELETED>
<DELETED> (A) in subparagraph (A)(i), by inserting
``or modification'' after ``siting''; and</DELETED>
<DELETED> (B) in subparagraph (C)--</DELETED>
<DELETED> (i) in the matter preceding clause
(i), by inserting ``or modification'' after
``siting''; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) by striking paragraphs (2) through (6) and
inserting the following:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) the proposed construction or modification is
consistent with the public interest;</DELETED>
<DELETED> ``(4) the proposed construction or modification
will significantly reduce transmission congestion in interstate
commerce, protect or benefit consumers, and provide improved
reliability;</DELETED>
<DELETED> ``(5) the proposed construction or modification is
consistent with sound national energy policy and will enhance
energy independence;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(d) State Siting and Consultation.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (e) Cost Allocation.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(f) Cost Allocation.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) improved reliability;</DELETED>
<DELETED> ``(B) reduced congestion;</DELETED>
<DELETED> ``(C) reduced power losses;</DELETED>
<DELETED> ``(D) greater carrying capacity;</DELETED>
<DELETED> ``(E) reduced operating reserve
requirements; and</DELETED>
<DELETED> ``(F) improved access to lower cost
generation that achieves reductions in the cost of
delivered power.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (f) Coordination of Federal Authorizations for
Transmission Facilities.--Section 216(h) of the Federal Power Act (16
U.S.C. 824p(h)) is amended--</DELETED>
<DELETED> (1) in paragraph (2), by striking the period at
the end and inserting the following: ``, except that--
</DELETED>
<DELETED> ``(A) the Commission shall act as the lead agency
in the case of facilities permitted under subsection (b) and
section 225; and</DELETED>
<DELETED> ``(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)).'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (3) in paragraph (4)(A), by striking ``As head of
the lead agency, the Secretary'' and inserting ``The lead
agency'';</DELETED>
<DELETED> (4) in paragraph (5)(A), by striking ``As lead
agency head, the Secretary'' and inserting ``The lead agency'';
and</DELETED>
<DELETED> (5) in paragraph (7)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (g) Interstate Compacts.--Section 216(i) of the Federal
Power Act (16 U.S.C. 824p(i)) is amended--</DELETED>
<DELETED> (1) in paragraph (3), by striking ``, including
facilities in national interest electric transmission
corridors''; and</DELETED>
<DELETED> (2) in paragraph (4)--</DELETED>
<DELETED> (A) in subparagraph (A), by striking ``;
and'' and inserting a period;</DELETED>
<DELETED> (B) by striking subparagraph (B);
and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (h) Transmission Infrastructure Investment.--Section
219(b)(4) of the Federal Power Act (16 U.S.C. 824s(b)(4)) is amended--
</DELETED>
<DELETED> (1) in subparagraph (A), by striking ``and'' after
the semicolon at the end;</DELETED>
<DELETED> (2) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(C) all prudently incurred costs
associated with payments to jurisdictions impacted by
electric transmission facilities developed pursuant to
section 216 or 225.''.</DELETED>
<DELETED> (i) Jurisdiction.--Section 216 of the Federal Power Act
(16 U.S.C. 824p) is amended by striking subsection (k) and inserting
the following:</DELETED>
<DELETED> ``(k) Jurisdiction.--</DELETED>
<DELETED> ``(1) ERCOT.--This section shall not apply within
the area referred to in section 212(k)(2)(A).</DELETED>
<DELETED> ``(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)).''.</DELETED>
<DELETED> (j) Conforming Amendments.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (2) Section 1222 of the Energy Policy Act of 2005
(42 U.S.C. 16421) is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 402. TRANSMISSION PLANNING.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 224. TRANSMISSION STUDY.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) is experiencing electric energy transmission
capacity constraints or congestion that adversely affects
consumers; or</DELETED>
<DELETED> ``(2) is expected to experience such energy
transmission capacity constraints or congestion.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 225. PLANNING FOR TRANSMISSION FACILITIES THAT ENHANCE
GRID RELIABILITY, AFFORDABILITY, AND
RESILIENCE.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Commission.--The term `Commission' means the
Federal Energy Regulatory Commission.</DELETED>
<DELETED> ``(2) ERO.--The term `ERO' has the meaning given
the term in section 215(a).</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(A) facilitating compliance with a
mandatory standard for reliability approved by the
Commission under section 215;</DELETED>
<DELETED> ``(B) a reduction in expected unserved
energy, loss of load hours, or loss of load probability
(as defined by the ERO);</DELETED>
<DELETED> ``(C) facilitating compliance with a
tariff requirement or process for resource adequacy on
file with the Commission; and</DELETED>
<DELETED> ``(D) any other similar material
improvement, including a reduction in correlated outage
risk, such as achieved through increased geographic or
resource diversification.</DELETED>
<DELETED> ``(4) Interregional transmission facility.--The
term `interregional transmission facility' means a transmission
facility that--</DELETED>
<DELETED> ``(A) is located within 2 or more
neighboring transmission planning regions; or</DELETED>
<DELETED> ``(B) significantly impacts the ability of
1 or more transmission planning regions to transmit
electric energy among neighboring transmission planning
regions.</DELETED>
<DELETED> ``(5) Transmission planning region.--</DELETED>
<DELETED> ``(A) In general.--The term `transmission
planning region'--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Jurisdiction.--</DELETED>
<DELETED> ``(1) ERCOT.--This section shall not apply within
the area referred to in section 212(k)(2)(A).</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) require neighboring transmission planning
regions to jointly plan with each other;</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) a separate joint interregional
transmission plan with each of its neighboring
transmission planning regions; or</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(3) establish rate treatments for interregional
transmission planning and cost allocation.</DELETED>
<DELETED> ``(d) Plan Elements.--The Commission shall require, within
the rule under subsection (c), that joint interregional transmission
plans contain the following elements:</DELETED>
<DELETED> ``(1) Compatibility.--A common set of input
assumptions and models, on a consistent timeline, that--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) consider, to the extent reasonable
and economical, modifications that maximize the
transmission capabilities of existing towers,
structures, or rights-of-way; and</DELETED>
<DELETED> ``(C) consider existing transmission
plans.</DELETED>
<DELETED> ``(2) Transmission benefits.--A common set of
benefits for interregional transmission planning and cost
allocation, including--</DELETED>
<DELETED> ``(A) improved reliability;</DELETED>
<DELETED> ``(B) reduced congestion;</DELETED>
<DELETED> ``(C) reduced power losses;</DELETED>
<DELETED> ``(D) greater carrying capacity;</DELETED>
<DELETED> ``(E) reduced operating reserve
requirements; and</DELETED>
<DELETED> ``(F) improved access to lower cost
generation that achieves reductions in the cost of
delivered power.</DELETED>
<DELETED> ``(3) Selection criteria.--Criteria governing the
selection by transmission planning regions, for construction or
modification, of interregional transmission facilities that--
</DELETED>
<DELETED> ``(A) provide improved
reliability;</DELETED>
<DELETED> ``(B) protect or benefit consumers;
and</DELETED>
<DELETED> ``(C) are consistent with the public
interest.</DELETED>
<DELETED> ``(e) Deadline; Updates.--The joint interregional
transmission plans required to be submitted to the Commission pursuant
to the rule under subsection (c) shall be--</DELETED>
<DELETED> ``(1) submitted to the Commission not later than 2
years after the date of enactment of this section;
and</DELETED>
<DELETED> ``(2) updated not less frequently than once every
4 years.</DELETED>
<DELETED> ``(f) Commission Review.--The Commission shall--</DELETED>
<DELETED> ``(1) review each joint interregional transmission
plan submitted pursuant to the rule under subsection (c);
and</DELETED>
<DELETED> ``(2) approve the joint interregional transmission
plan if the Commission finds that the plan--</DELETED>
<DELETED> ``(A) meets the requirements of subsection
(d);</DELETED>
<DELETED> ``(B) allocates costs in accordance with
subsection (g);</DELETED>
<DELETED> ``(C) ensures that all rates, charges,
terms, and conditions will be just and reasonable and
not unduly discriminatory or preferential;
and</DELETED>
<DELETED> ``(D) is consistent with the public
interest.</DELETED>
<DELETED> ``(g) Cost Allocation.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the transmission planning regions shall
submit to the Commission their respective proposals for
resolving the material element in dispute for resolution;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(1) grant a request to extend the time for
submission of the joint interregional transmission plan;
or</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) based on the record of the planning
process conducted by the affected transmission planning
regions; and</DELETED>
<DELETED> ``(B) in accordance with the cost
allocation provisions in subsection (g).</DELETED>
<DELETED> ``(k) NEPA.--For purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Conforming Amendments.--Section 201 of the Federal
Power Act (16 U.S.C. 824) is amended--</DELETED>
<DELETED> (1) in subsection (b)(2)--</DELETED>
<DELETED> (A) in the first sentence, by striking
``and 222'' and inserting ``222, and 225'';
and</DELETED>
<DELETED> (B) in the second sentence, by striking
``or 222'' and inserting ``222, or 225''; and</DELETED>
<DELETED> (2) in subsection (e)--</DELETED>
<DELETED> (A) by striking ``206(f),''; and</DELETED>
<DELETED> (B) by striking ``or 222'' and inserting
``222, or 225''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE V--ELECTRIC RELIABILITY</DELETED>
<DELETED>SEC. 501. RELIABILITY ASSESSMENTS.</DELETED>
<DELETED> Section 215 of the Federal Power Act (16 U.S.C. 824o) is
amended by striking subsection (g) and inserting the
following:</DELETED>
<DELETED> ``(g) Reliability Reports.--</DELETED>
<DELETED> ``(1) Periodic assessments.--The ERO shall conduct
periodic assessments of the reliability and adequacy of the
bulk-power system in North America.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) An ERO reliability assessment ordered under
subparagraph (A) shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) The ERO shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(ii) submit such report to the
Commission; and</DELETED>
<DELETED> ``(iii) publish such report in a publicly
available format.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>TITLE VI--LIQUEFIED NATURAL GAS EXPORTS</DELETED>
<DELETED>SEC. 601. ACTION ON APPLICATIONS.</DELETED>
<DELETED> Section 3 of the Natural Gas Act (15 U.S.C. 717b) is
amended--</DELETED>
<DELETED> (1) in subsection (e)(3)(A), by inserting ``and
subsection (g)'' after ``subparagraph (B)''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(g) Deadline To Act on Certain Export Applications.--
</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) under subsection (e);
or</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) the date of enactment of this
subsection.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) the date of enactment of this
subsection.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the date the application for
extension is received by the Commission; and</DELETED>
<DELETED> ``(B) the date of enactment of this
subsection.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 602. SUPPLEMENTAL REVIEWS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Secretary.--The term ``Secretary'' means the
Secretary of Energy.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) Supplemental review.--The term ``supplemental
review'' means a supplemental greenhouse gas review or a
supplemental macroeconomic review.</DELETED>
<DELETED> (b) Requirements for Supplemental Reviews.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE VII--HYDROPOWER</DELETED>
<DELETED>SEC. 701. HYDROPOWER LICENSE EXTENSIONS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Period of Extension.--An extension of time to commence
construction of a covered project under subsection (b) shall--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the Commission may reinstate the license for
the applicable project effective as of the date of expiration
of the license; and</DELETED>
<DELETED> (2) the extension authorized under subsection (b)
shall take effect on the date of that expiration.</DELETED>
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.
Sec. 702. Identifying and removing market barriers to hydropower.
Sec. 703. Regulations to align timetables.
TITLE VIII--HIRING AND RETENTION
Sec. 801. Federal Energy Regulatory Commission staffing.
Sec. 802. Compensation flexibility to address retention and hiring
issues at the Bonneville Power
Administration.
Sec. 803. Northwest Power and Conservation Council.
Sec. 804. Federal Energy Regulatory Commission personnel safety.
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, rights-of-way, or plans required to
explore for, develop, or produce energy or
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.);
(VI) the Geothermal Steam Act of
1970 (30 U.S.C. 1001 et seq.);
(VII) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701
et seq.); or
(VIII) title I of the Naval
Petroleum Reserves Production Act (42
U.S.C. 6501 et seq.);
(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); and
(iii) agency approvals under the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501
et seq.) of hazardous fuel reduction and forest
restoration projects.
(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--
(i) 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; or
(ii) hazardous fuel reduction and forest
restoration for the protection of
infrastructure or communities from wildfire;
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.
(g) Permitting Council.--Nothing in this title precludes a project
from being designated as a covered project (as defined in section 41001
of the FAST Act (42 U.S.C. 4370m)) for the purposes of title XLI of
that Act (42 U.S.C. 4370m et seq.).
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 ``,
including only acres that were nominated in previously submitted
expressions of interest,'' after ``energy development''.
(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 valid, unexpired permits in
effect on 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 Act of February 5, 1948 (62 Stat. 17, chapter 45), is amended--
(1) in the first section (62 Stat. 17, chapter 45; 25
U.S.C. 323), by striking ``That the Secretary of the Interior
be, and he is hereby, empowered to'' and inserting the
following:
``SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS INDIAN LAND.
``The Secretary of the Interior may'';
(2) in section 2 (62 Stat. 18, chapter 45; 25 U.S.C. 324),
by striking ``organized under the Act of June 18, 1934 (48
Stat. 984), as amended; the Act of May 1, 1936 (49 Stat. 1250);
or the Act of June 26, 1936 (49 Stat. 1967),''; and
(3) by adding at the end the following:
``SEC. 8. TRIBAL GRANTS OF RIGHTS-OF-WAY.
``(a) Rights-of-way.--
``(1) In general.--Subject to paragraph (2), an Indian
tribe may grant a right-of-way over and across the Tribal land
of the Indian tribe for any purpose.
``(2) Authority.--A right-of-way granted under paragraph
(1) shall not require the approval of the Secretary of the
Interior or a grant by the Secretary of the Interior under
section 1 if the right-of-way granted under that paragraph is
executed in accordance with a Tribal regulation approved by the
Secretary of the Interior under subsection (b).
``(b) Review of Tribal Regulations.--
``(1) Tribal regulation submission and approval.--
``(A) Submission.--An Indian tribe seeking to grant
a right-of-way under subsection (a) shall submit for
approval a Tribal regulation governing the granting of
rights-of-way over and across the Tribal land of the
Indian tribe.
``(B) Approval.--Subject to paragraph (2), the
Secretary of the Interior shall have the authority to
approve or disapprove any Tribal regulation submitted
under subparagraph (A).
``(2) Considerations for approval.--
``(A) In general.--The Secretary of the Interior
shall approve a Tribal regulation submitted under
paragraph (1)(A), if the Tribal regulation--
``(i) is consistent with any regulations
(or successor regulations) issued by the
Secretary of the Interior under section 6;
``(ii) provides for an environmental review
process that includes--
``(I) the identification and
evaluation of any significant impacts
the proposed action may have on the
environment; and
``(II) a process for ensuring--
``(aa) that the public is
informed of, and has a
reasonable opportunity to
comment on, any significant
environmental impacts of the
proposed action identified by
the Indian tribe under
subclause (I); and
``(bb) the Indian tribe
provides a response to each
relevant and substantive public
comment on the significant
environmental impacts
identified by the Indian tribe
under subclause (I) before the
Indian tribe approves the
right-of-way.
``(B) Applicable laws.--The Secretary of the
Interior, in making a decision to approve a Tribal
regulation under this subsection, shall not be subject
to--
``(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
``(ii) section 306108 of title 54, United
States Code; or
``(iii) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
``(3) Review process.--
``(A) In general.--Not later than 180 days after
the date on which the Indian tribe submits a Tribal
regulation to the Secretary of the Interior under
paragraph (1)(A), the Secretary of the Interior shall--
``(i) review the Tribal regulation;
``(ii) approve or disapprove the Tribal
regulation; and
``(iii) notify the Indian tribe that
submitted the Tribal regulation of the approval
or disapproval.
``(B) Written documentation.--If the Secretary of
the Interior disapproves a Tribal regulation submitted
under paragraph (1)(A), the Secretary of the Interior
shall include with the disapproval notification under
subparagraph (A)(iii) written documentation describing
the basis for the disapproval.
``(C) Extension.--The Secretary of the Interior
may, after consultation with the Indian tribe that
submitted a Tribal regulation under paragraph (1)(A),
extend the 180-day period described in subparagraph
(A).
``(4) Federal environmental review.--Notwithstanding
paragraphs (2) and (3), if an Indian tribe carries out a
project or activity funded by a Federal agency, the Indian
tribe may rely on the environmental review process of the
applicable Federal agency rather than any Tribal environmental
review process required under this subsection.
``(c) Documentation.--An Indian tribe granting a right-of-way under
subsection (a) shall provide to the Secretary of the Interior--
``(1) a copy of the right-of-way, including any amendments
or renewals; and
``(2) if the right-of-way allows for compensation to be
made directly to the Indian tribe, documentation of payments
that are sufficient, as determined by the Secretary of the
Interior, as to enable the Secretary of the Interior to
discharge the trust responsibility of the United States under
subsection (d).
``(d) Trust Responsibility.--
``(1) In general.--The United States shall not be liable
for losses sustained by any party to a right-of-way granted
under subsection (a).
``(2) Authority of the secretary.--
``(A) In general.--Pursuant to the authority of the
Secretary of the Interior to fulfill the trust
obligation of the United States to the applicable
Indian tribe under Federal law (including regulations),
the Secretary of the Interior may, on reasonable notice
from the applicable Indian tribe and at the discretion
of the Secretary of the Interior, enforce the
provisions of, or cancel, any right-of-way granted by
the Indian tribe under subsection (a).
``(B) Authority.--The enforcement or cancellation
of a right-of-way under subparagraph (A) shall be
conducted using regulatory procedures issued under
section 6.
``(e) Compliance.--
``(1) In general.--An interested party, after exhaustion of
any applicable Tribal remedies, may submit a petition to the
Secretary of the Interior, at such time and in such form as
determined by the Secretary of the Interior, to review the
compliance of an applicable Indian tribe with a Tribal
regulation approved by the Secretary of the Interior under
subsection (b).
``(2) Violations.--If the Secretary of the Interior
determines that a Tribal regulation was violated after
conducting a review under paragraph (1), the Secretary of the
Interior may take any action the Secretary of the Interior
determines to be necessary to remedy the violation, including
rescinding the approval of the Tribal regulation and reassuming
responsibility for approving rights-of-way through the trust
land of the applicable Indian tribe.
``(3) Documentation.--If the Secretary of the Interior
determines that a Tribal regulation was violated after
conducting a review under paragraph (1), the Secretary of the
Interior shall--
``(A) provide written documentation, with respect
to the Tribal regulation that has been violated, to the
appropriate interested party and Indian tribe;
``(B) provide the applicable Indian tribe with a
written notice of the alleged violation; and
``(C) prior to the exercise of any remedy,
including rescinding the approval for the applicable
Tribal regulation or reassuming responsibility for
approving rights-of-way through the trust land of the
applicable Indian tribe, provide the applicable Indian
tribe with--
``(i) a hearing that is on the record; and
``(ii) a reasonable opportunity to cure the
alleged violation.
``(f) Savings Clause.--Nothing in this section affects the
application of any Tribal regulations issued under Federal
environmental law.
``(g) Effect of Tribal Regulations.--An approved Tribal regulation
under subsection (b) shall not preclude an Indian tribe from, in the
discretion of the Indian tribe, consenting to the grant of a right-of-
way by the Secretary of the Interior under section 1.
``(h) Terms of Right-of-way.--The compensation for, and terms of, a
right-of-way granted under subsection (a) will be determined by--
``(1) negotiations by the Indian tribe; or
``(2) the regulations of the Indian tribe.
``(i) Jurisdiction.--The grant of a right-of-way under subsection
(a) does not waive the sovereign immunity of the Indian tribe or
diminish the jurisdiction of that Indian tribe over the Tribal land
subject to the right-of-way, unless otherwise provided in--
``(1) the grant of the right-of-way; or
``(2) the regulations of the Indian tribe.''.
SEC. 206. ACCELERATING RENEWABLE ENERGY PERMITTING.
(a) Definitions.--In this section:
(1) Eligible project.--The term ``eligible project'' has
the meaning given the term in section 3101 of the Energy Act of
2020 (43 U.S.C. 3001).
(2) Previously disturbed or developed.--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) 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, 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 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.
(c) 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, the Secretary of the Interior and the
Secretary of Agriculture shall each develop or adopt 1 or more
categorical exclusions, including allowing for extraordinary
circumstances under which the categorical exclusion shall not
be available, 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
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
removal of commercially available solar photovoltaic
systems located on--
(i) a building or other structure (such as
a rooftop, parking lot, or facility, or mounted
to signage, lighting, gates, or fences); or
(ii) previously disturbed or developed land
comprising less than 10 acres.
(E) Maintenance of a minor activity, other than any
construction or major renovation, or a building or
facility.
(F) Preliminary geotechnical investigations.
(G) The construction and removal of meteorological
evaluation towers.
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 develop or adopt 1 or more
categorical exclusions, including allowing for extraordinary
circumstances under which the categorical exclusion shall not be
available, 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 (including well drilling);
(3) production well drilling; and
(4) use of geothermal resources (including 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--
(i) the individual field offices of the
Bureau of Land Management;
(ii) the Division Chief of the National
Renewable Energy Coordination Office of the
Bureau of Land Management; and
(iii) 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 develop or
adopt 1 or more categorical exclusions, including allowing for
extraordinary circumstances under which the categorical exclusion shall
not be available, 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, including electrical substations,
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, to remain
available until expended.
(3) Use.--The Secretary of the Interior may make
expenditures from amounts available in the Fund, without
further appropriations or fiscal year limitation, 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));
(B) may be transferred in accordance with section
40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)); and
(C) may be used for the administration of the Fund
and section 40704 of the Infrastructure Investment and
Jobs Act (30 U.S.C. 1245) in amounts not to exceed 5
percent of amounts deposited into the Fund.
(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) in paragraph (4)(I), by striking ``prevention of
interference with reasonable uses'' and inserting ``prevention
of unreasonable interference with other uses'';
(2) 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
(3) 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) Landowner input.--The term `landowner input' means
input received--
``(A) by the Commission;
``(B) from affected landowners, such as farmers and
ranchers, in the path of the proposed construction or
modification of an electric transmission facility; and
``(C) pursuant to notification provided to, and
consultation with, those affected landowners, farmers,
and ranchers by the Commission.
``(4) Secretary.--The term `Secretary' means the Secretary
of Energy.''.
(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, including a public comment period of at least 60 days,
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.
``(3) Landowner input.--In authorizing the construction or
modification of an electric transmission facility under
subsection (b), the Commission shall take into account
landowner input.''.
(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, provided, however, that nothing in this section
shall prevent a transmitting utility from recovering such costs
through voluntary agreement with its customers.''.
(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.--
``(A) In general.--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)).
``(B) Clarification.--Being subject to Commission
jurisdiction for the purposes of this section shall not
make an entity described in section 201(f) a public
utility for the purposes of section 201(e).''.
(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.
``(d) Alaska.--The Secretary--
``(1) shall, in consultation with the State of Alaska and
affected Indian Tribes, consider any intrastate transmission
capacity constraints and congestion within the State of Alaska
in the study under subsection (a); and
``(2) in issuing the report under subsection (b), may,
subject to the approval of the Regulatory Commission of Alaska,
identify any geographic area in the State of Alaska 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.
``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.--
``(A) In general.--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)).
``(B) Clarification.--Being subject to Commission
jurisdiction for the purposes of this section shall not
make an entity described in section 201(f) a public
utility for the purposes of section 201(e).
``(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 Federal Energy Regulatory 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.
SEC. 702. IDENTIFYING AND REMOVING MARKET BARRIERS TO HYDROPOWER.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Water power technologies.--The term ``water power
technologies'' means hydropower in all its forms and modes of
operation, including--
(A) conventional water power projects that use
dams, conduits, or similar infrastructure to store,
divert, or impound water to generate electricity; and
(B) marine and hydrokinetic technologies that use--
(i) waves, tides, and currents; or
(ii) temperature differentials in oceans,
estuaries, tidal areas, rivers, lakes, streams,
or manmade channels.
(b) Report on Hydropower Market Barriers.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Commission, in consultation with the
Secretary of Energy, shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report--
(A) describing any market barriers to the
development and proper compensation of conventional,
storage, conduit, and emerging hydropower technologies
related to--
(i) rules of Transmission Organizations (as
defined in section 3 of the Federal Power Act
(16 U.S.C. 796));
(ii) regulations or policies--
(I) of the Commission; or
(II) under the Federal Power Act
(16 U.S.C. 791a et seq.); or
(iii) other Federal and State laws and
policies unique to hydropower development,
operation, and regulation, as compared to other
sources of electricity;
(B) containing recommendations of the Commission
for reducing market barriers described in subparagraph
(A);
(C) identifying and determining any regulatory,
market, procurement, or cost recovery mechanisms that
would--
(i) encourage development of conventional,
storage, conduit, and emerging hydropower
technologies; and
(ii) properly compensate conventional,
storage, conduit, and emerging hydropower
technologies for the full range of services
provided to the electric grid, including--
(I) balancing electricity supply
and demand;
(II) ensuring grid reliability;
(III) providing ancillary services;
(IV) contributing to the
decarbonization of the electric grid;
and
(V) integrating intermittent power
sources into the grid in a cost-
effective manner; and
(D) identifying ownership and development models
that could reduce market barriers to the development of
conventional, storage, conduit, and emerging hydropower
technologies, including--
(i) opportunities for risk-sharing
mechanisms and partnerships, including co-
ownership models; and
(ii) opportunities to foster lease-sale and
lease-back arrangements with publicly owned
electric utilities.
(2) Technical conference and public comment.--In preparing
the report under paragraph (1), the Commission shall solicit
public input, including by convening a technical conference and
providing an opportunity for public submission of written
comments on a draft report.
SEC. 703. REGULATIONS TO ALIGN TIMETABLES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Federal Energy Regulatory Commission (referred to in
this section as the ``Commission'') shall issue regulations under part
I of the Federal Power Act (16 U.S.C. 792 et seq.), as the Commission
determines to be appropriate, that seek to ensure all original
licensing and relicensing decisions under that part may be made by the
date that is not later than 180 days after the date on which an
environmental document prepared in compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is published
with respect to the applicable project.
(b) Reports.--
(1) In general.--Not later than 1 year after the date on
which the regulations required under subsection (a) are issued,
the Commission shall submit to Congress a report describing any
regulations outside of the jurisdiction of the Commission, and
any relevant statutory requirements, that would prevent a
project from meeting the timetables established pursuant to
those regulations.
(2) Annual report under nepa.--The Commission shall include
in each annual report submitted under section 107(h) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336a(h))
a description of--
(A) all licensing and relicensing applications that
failed to meet the applicable timetable established
pursuant to subsection (a) during the period covered by
the report; and
(B) the reasons for each failure to meet that
timetable.
(c) Effect.--Nothing in this section modifies the obligations of
the Commission or any other agency under--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Federal Power Act (16 U.S.C. 791a et seq.); or
(3) any other Federal law.
TITLE VIII--HIRING AND RETENTION
SEC. 801. FEDERAL ENERGY REGULATORY COMMISSION STAFFING.
(a) Consultation Requirement.--Section 401(k) of the Department of
Energy Organization Act (42 U.S.C. 7171(k)) is amended--
(1) by striking paragraph (6); and
(2) by redesignating paragraph (7) as paragraph (6).
(b) Certification Requirements.--Section 401(k)(2)(A) of the
Department of Energy Organization Act (42 U.S.C. 7171(k)(2)(A)) is
amended by striking ``or mathematical'' and inserting ``mathematical,
economic, or legal''.
SEC. 802. COMPENSATION FLEXIBILITY TO ADDRESS RETENTION AND HIRING
ISSUES AT THE BONNEVILLE POWER ADMINISTRATION.
Section 10 of the Act of August 20, 1937 (commonly known as the
``Bonneville Project Act of 1937'') (50 Stat. 736, chapter 720; 16
U.S.C. 832i), is amended by striking the section designation and
subsections (a) and (b) and inserting the following:
``SEC. 10. EMPLOYMENT OF PERSONNEL.
``(a) Employee Compensation Program.--
``(1) In general.--Notwithstanding any other law, rule,
regulation, or directive relating to the payment of Federal
employees (other than chapter 83 of title 5, United States
Code), the administrator shall develop, implement, and, as
appropriate, update, based on the results of an annual review
under paragraph (4), a compensation plan that specifies and
fixes the compensation (including salary or any other pay,
bonuses, benefits, incentives, and any other form of
remuneration) for employees of the administrator, including
members of the Senior Executive Service (as defined in section
2101a of title 5, United States Code).
``(2) Initial compensation plan.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Energy Permitting Reform Act
of 2024, the administrator shall, in consultation with
the Director of the Office of Personnel Management, and
subject to confirmation and approval by the Secretary
of Energy, which shall not be unreasonably withheld,
develop an initial compensation plan under paragraph
(1).
``(B) Implementation.--Not later than 1 year after
the date on which the initial compensation plan is
developed under subparagraph (A), the administrator
shall implement the initial compensation plan.
``(3) Requirements.--A compensation plan developed under
paragraph (1) shall--
``(A) be based on an annual survey of the
prevailing compensation for similar positions in the
public sectors of the electric industry;
``(B) be consistent with the approved annual
general and administrative budget of the administrator
and encourage the widest diversified use of electric
power at the lowest possible rates to consumers
consistent with sound business principles;
``(C) provide that education, experience, level of
responsibility, geographic differences, and retention
and recruitment needs are to be taken into account in
determining the compensation of employees of the
administrator;
``(D) provide that the individual total
compensation of the administrator and any employee of
the administrator shall be comparable to and
competitive with similar positions among consumer-owned
utilities in the Western Interconnection.
``(4) Annual review.--
``(A) In general.--Annually, the administrator
shall review and update, as appropriate, the
compensation plan developed under paragraph (1).
``(B) Compensation of the administrator.--
Notwithstanding any other law, rule, regulation, or
directive relating to the payment of the administrator
(other than chapter 83 of title 5, United States Code),
the Secretary shall periodically review and update, as
appropriate, the compensation of the administrator
consistent with paragraph (3)(D).
``(C) Publication of information.--The
administrator shall include in the quarterly public
business review of the administrator or any other
appropriate public review of the operations and
finances of the administrator information on the
applicable annual compensation plan review under
subparagraph (A), including information on the amount
of salaries of any employees whose annual salaries
would exceed the annual rate payable for positions at
Level IV of the Executive Schedule under section 5315
of title 5, United States Code.
``(5) Annual publication.--Annually, the administrator
shall publish the compensation plan developed under paragraph
(1) or updated under paragraph (4), as applicable.
``(b) Appointment; Employment.--
``(1) In general.--The administrator may, as the
administrator determines to be necessary to carry out this Act,
subject to applicable civil service laws--
``(A) appoint any officers and employees;
``(B) employ laborers, mechanics, and workers for
construction work or the operation and maintenance of
electrical facilities; and
``(C) fix the compensation of individuals appointed
under subparagraph (A) or (B), respectively, consistent
with the applicable compensation plan developed under
subsection (a)(1).
``(2) Exemption from certain civil service laws.--In
carrying out the authority provided by paragraph (1), the
administrator shall be exempt from chapters 34, 43, 51, 53, 57,
and 59 of title 5, United States Code.
``(3) Application of merit system principles.--Employees of
the administrator are subject to the application of the merit
system principles set forth in section 2301 of title 5, United
States Code, to the extent that the principles apply to a
wholly owned Government corporation.
``(4) Employment of physicians.--The administrator may
employ physicians, without regard to the civil service laws
(including regulations), to perform physical examinations of
employees of the administrator or prospective employees of the
administrator who are or may become laborers, mechanics, and
workers described in paragraph (1)(B).
``(5) Employment of experts.--The administrator may
appoint, without regard to the civil service laws (including
regulations), any experts that the administrator determines to
be necessary to carry out the functions of the administrator
under this Act.''.
SEC. 803. NORTHWEST POWER AND CONSERVATION COUNCIL.
Section 4(c)(10)(B) of the Pacific Northwest Electric Power
Planning and Conservation Act (16 U.S.C. 839b(c)(10)(B)) is amended by
striking the period at the end and inserting ``, adjusted for inflation
since the date of enactment of the Energy Permitting Reform Act of
2024.''.
SEC. 804. FEDERAL ENERGY REGULATORY COMMISSION PERSONNEL SAFETY.
The Federal Energy Regulatory Commission may authorize employees of
the Federal Energy Regulatory Commission to perform law enforcement
duties as needed to ensure the safety of the Chairman and Commissioners
of the Federal Energy Regulatory Commission in the performance of the
official duties of the Chairman and Commissioners, respectively.
Calendar No. 756
118th CONGRESS
2d Session
S. 4753
[Report No. 118-336]
_______________________________________________________________________
A BILL
To reform leasing, permitting, and judicial review for certain energy
and minerals projects, and for other purposes.
_______________________________________________________________________
December 19 (legislative day, December 16), 2024
Reported with an amendment