[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1804 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1804

 To amend the Federal Power Act to facilitate more expeditious review 
  and permitting of certain electric transmission facilities, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 1, 2023

 Mr. Heinrich introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Power Act to facilitate more expeditious review 
  and permitting of certain electric transmission facilities, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Facilitating America's Siting of 
Transmission and Electric Reliability Act of 2023'' or the ``FASTER Act 
of 2023''.

SEC. 2. NATIONAL INTEREST ELECTRIC TRANSMISSION FACILITIES.

    (a) In General.--Section 216 of the Federal Power Act (16 U.S.C. 
824p) is amended to read as follows:

``SEC. 216. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.

    ``(a) Definitions.--In this section:
            ``(1) Commission.--The term `Commission' means the Federal 
        Energy Regulatory Commission.
            ``(2) Community benefit agreement.--
                    ``(A) In general.--The term `community benefit 
                agreement' means an agreement between CBA parties, 
                including, at a minimum, at least 1 entity described in 
                each of subclauses (I) through (IV) of subparagraph 
                (B)(iii), that--
                            ``(i) relates to a project for the 
                        construction or modification of a national 
                        interest electric transmission facility for 
                        which a permit is sought under subsection (c);
                            ``(ii) is applicable through the 
                        construction (or modification) and operation of 
                        that national interest electric transmission 
                        facility;
                            ``(iii) is negotiated through a process 
                        that includes meaningful engagement, by the 
                        project sponsor, with--
                                    ``(I) the applicable 1 or more 
                                agreement entities that are parties to 
                                the agreement; and
                                    ``(II) stakeholder groups, 
                                including at least 1 entity described 
                                in each of subclauses (I) and (II) of 
                                subparagraph (B)(v);
                            ``(iv) details specific, measurable, and 
                        legally enforceable CBA commitments;
                            ``(v) includes a detailed plan, with clear 
                        metrics, milestones, and timelines, for 
                        accomplishing CBA commitments;
                            ``(vi) establishes specific roles, 
                        responsibilities, and processes for tracking 
                        and reporting progress with respect to CBA 
                        commitments;
                            ``(vii) establishes clear enforcement 
                        processes to address noncompliance, including 
                        specific penalties for noncompliance; and
                            ``(viii) requires the CBA parties to 
                        annually submit to the Commission a report that 
                        describes, in a transparent manner--
                                    ``(I) the CBA commitments included 
                                in the agreement; and
                                    ``(II) the progress made with 
                                respect those CBA commitments.
                    ``(B) Associated definitions.--For purposes of this 
                paragraph:
                            ``(i) Agreement entity.--
                                    ``(I) In general.--The term 
                                `agreement entity' means an entity 
                                described in subclause (II) that will 
                                be significantly impacted by project 
                                development, construction, or local 
                                operations activities relating to the 
                                applicable project that is the subject 
                                of the agreement described in 
                                subparagraph (A).
                                    ``(II) Entity described.--An entity 
                                referred to in subclause (I) is--
                                            ``(aa) any political 
                                        subdivision of a State, 
                                        including a county and any 
                                        subdivision of a county, in 
                                        which the project will be 
                                        located;
                                            ``(bb) a Tribal 
                                        governmental entity of an 
                                        Indian Tribe that will be 
                                        affected by the project; or
                                            ``(cc) any other State, 
                                        Tribal, or local entity, as the 
                                        Commission or the parties to 
                                        the applicable agreement 
                                        determine to be appropriate.
                            ``(ii) CBA commitment.--The term `CBA 
                        commitment' means a commitment, made by the 
                        project sponsor and detailed in an agreement 
                        described in subparagraph (A), that benefits 
                        stakeholder groups.
                            ``(iii) CBA party.--The term `CBA party' 
                        includes, at a minimum, each of the following:
                                    ``(I) The project sponsor.
                                    ``(II) An agreement entity.
                                    ``(III) A community group.
                                    ``(IV) A labor union or equivalent 
                                organization, such as a workforce 
                                development board, representing workers 
                                or trades that will be needed for each 
                                of the construction and operation 
                                (including, if applicable, production) 
                                activities associated with the project 
                                that is the subject of the agreement 
                                described in subparagraph (A).
                            ``(iv) Community group.--The term 
                        `community group' means any of the following:
                                    ``(I) An unincorporated association 
                                composed of--
                                            ``(aa) underserved, 
                                        overburdened, or disadvantaged 
                                        communities and members of 
                                        those communities in the 
                                        applicable agreement entity; or
                                            ``(bb) affected landowners 
                                        or community members in the 
                                        applicable agreement entity.
                                    ``(II) A registered organization 
                                described in section 501(c)(3) of the 
                                Internal Revenue Code of 1986 and 
                                exempt from taxation under section 
                                501(a) of that Code that has a history 
                                of--
                                            ``(aa) prior work 
                                        consistent with the goals 
                                        established by the applicable 
                                        agreement described in 
                                        subparagraph (A); or
                                            ``(bb) advocating for 
                                        community members in the 
                                        applicable agreement entity.
                            ``(v) Stakeholder group.--The term 
                        `stakeholder group' means--
                                    ``(I) a community group; and
                                    ``(II) a CBA party described in 
                                clause (iii)(IV).
                    ``(C) Requirement.--The Commission shall make all 
                reports submitted to the Commission in accordance with 
                subparagraph (A)(viii) publicly available on the 
                website of the Commission.
            ``(3) Cooperating agency.--The term `cooperating agency' 
        has the meaning given the term in section 1508.1 of title 40, 
        Code of Federal Regulations (or a successor regulation).
            ``(4) Council.--The term `Council' means the Federal 
        Permitting Improvement Steering Council established by section 
        41002(a) of the FAST Act (42 U.S.C. 4370m-1(a)).
            ``(5) Environmental review document.--The term 
        `environmental review document' has the meaning given the term 
        `environmental document' in section 41001 of the FAST Act (42 
        U.S.C. 4370m).
            ``(6) Federal authorization.--
                    ``(A) In general.--The term `Federal authorization' 
                means any authorization required under Federal law in 
                order to site a national interest electric transmission 
                facility.
                    ``(B) Inclusions.--The term `Federal authorization' 
                includes such permits, special use authorizations, 
                certifications, opinions, or other approvals as may be 
                required under Federal law in order to site a national 
                interest electric transmission facility.
            ``(7) National interest electric transmission facility.--
        The term `national interest electric transmission facility' 
        means--
                    ``(A) an electric transmission facility--
                            ``(i) that is located in a national 
                        interest electric transmission corridor 
                        designated by the Secretary under paragraph (2) 
                        or (5) of subsection (b); and
                            ``(ii) with respect to which the Commission 
                        finds that the proposed construction or 
                        modification of the facility--
                                    ``(I) is consistent with the public 
                                interest;
                                    ``(II) will significantly reduce 
                                transmission congestion in interstate 
                                commerce;
                                    ``(III) will protect or benefit 
                                consumers;
                                    ``(IV) is consistent with sound 
                                national energy policy;
                                    ``(V) will enhance energy 
                                independence; and
                                    ``(VI) in the case of a 
                                modification, will maximize, to the 
                                extent reasonable and economical, the 
                                transmission capabilities of existing 
                                towers or structures; or
                    ``(B) an electric transmission facility that--
                            ``(i) has a transmission capacity of not 
                        less than--
                                    ``(I) 345 kilovolts; or
                                    ``(II) 750 megawatts; and
                            ``(ii) is located in not fewer than 2 
                        States.
            ``(8) Participating agency.--The term `participating 
        agency' has the meaning given the term in section 41001 of the 
        FAST Act (42 U.S.C. 4370m).
            ``(9) Prefiling process.--The term `prefiling process' 
        means the prefiling process established under subsection 
        (h)(7)(C).
            ``(10) Qualifying project.--The term `qualifying project' 
        means a project--
                    ``(A) for the siting, construction, or modification 
                of a national interest electric transmission facility; 
                and
                    ``(B) with respect to which the project sponsor 
                complies with--
                            ``(i) the prefiling regulations described 
                        in subsection (h)(7)(C); and
                            ``(ii) all other applicable regulations 
                        promulgated by the Commission relating to an 
                        application for a permit under subsection (c).
            ``(11) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(12) State or local authorization.--
                    ``(A) In general.--The term `State or local 
                authorization' means any authorization required under 
                State or local law in order to site a transmission 
                facility.
                    ``(B) Inclusions.--The term `State or local 
                authorization' includes such permits, special use 
                authorizations, certifications, opinions, or other 
                approvals as may be required under State or local law 
                in order to site a transmission facility.
    ``(b) Study, Report, and Designation of National Interest Electric 
Transmission Corridors.--
            ``(1) Study.--Not later than 1 year after the date of 
        enactment of the FASTER Act of 2023, and every 3 years 
        thereafter, the Secretary, in consultation with affected States 
        and Indian Tribes, shall conduct a study of electric 
        transmission capacity constraints and congestion.
            ``(2) Report and designation.--Not less frequently than 
        once every 3 years, the Secretary, after considering 
        alternatives and recommendations from interested parties 
        (including an opportunity for comment from affected States and 
        Indian Tribes), shall issue a report, based on the study under 
        paragraph (1) or other information relating to electric 
        transmission capacity constraints and congestion, which may 
        designate as a national interest electric transmission corridor 
        any geographic area that--
                    ``(A) is experiencing electric energy transmission 
                capacity constraints or congestion that adversely 
                affects consumers; or
                    ``(B) is expected to experience such energy 
                transmission capacity constraints or congestion.
            ``(3) Consultation.--Not less frequently than once every 3 
        years, the Secretary, in conducting the study under paragraph 
        (1) and issuing the report under paragraph (2), shall consult 
        with any appropriate regional entity referred to in section 
        215.
            ``(4) Considerations.--In determining whether to designate 
        a national interest electric transmission corridor under 
        paragraph (2), the Secretary may consider whether--
                    ``(A) the economic vitality and development of the 
                corridor, or the end markets served by the corridor, 
                may be constrained by lack of adequate or reasonably 
                priced electricity;
                    ``(B)(i) economic growth in the corridor, or the 
                end markets served by the corridor, may be jeopardized 
                by reliance on limited sources of energy; and
                    ``(ii) a diversification of supply is warranted;
                    ``(C) the energy independence or energy security of 
                the United States would be served by the designation;
                    ``(D) the designation would be in the interest of 
                national energy policy;
                    ``(E) the designation would enhance national 
                defense and homeland security;
                    ``(F) the designation would enhance the ability of 
                facilities that generate or transmit firm or 
                intermittent energy to connect to the electric grid;
                    ``(G) the designation--
                            ``(i) maximizes existing rights-of-way; and
                            ``(ii) avoids and minimizes, to the maximum 
                        extent practicable, and offsets to the extent 
                        appropriate and practicable, sensitive 
                        environmental areas and cultural heritage 
                        sites; and
                    ``(H) the designation would result in a reduction 
                in the cost to purchase electric energy for consumers.
            ``(5) Designation by request.--
                    ``(A) In general.--The developer of a project to 
                construct or modify an electric transmission facility 
                may submit to the Secretary an application to designate 
                1 or more proposed routes associated with the project 
                as a national interest electric transmission corridor.
                    ``(B) Requirement.--A developer described in 
                subparagraph (A) may submit an application under that 
                subparagraph only if the developer--
                            ``(i) has begun actively routing the 
                        applicable project; and
                            ``(ii) has--
                                    ``(I) begun engaging in outreach 
                                to--
                                            ``(aa) the community in 
                                        which the proposed route is 
                                        located; and
                                            ``(bb) landowners that may 
                                        be affected by the construction 
                                        or modification of an electric 
                                        transmission facility on that 
                                        proposed route;
                                    ``(II) begun engaging in land 
                                surveys; or
                                    ``(III) initiated environmental 
                                compliance work associated with the 
                                project.
                    ``(C) Designation.--
                            ``(i) In general.--The Secretary may 
                        designate a route proposed by a developer in an 
                        application submitted under subparagraph (A) as 
                        a national interest electric transmission 
                        corridor if the Secretary determines that--
                                    ``(I) the route is in a geographic 
                                area described in subparagraph (A) or 
                                (B) of paragraph (2); and
                                    ``(II) designation of the route is 
                                consistent with the purposes of such a 
                                designation, taking into consideration 
                                the factors described in paragraph (4).
                            ``(ii) Deadline for decision.--Not later 
                        than 90 days after the date on which an 
                        application is submitted to the Secretary under 
                        subparagraph (A), the Secretary shall issue a 
                        decision with respect to each proposed route 
                        that--
                                    ``(I) designates the proposed route 
                                as a national interest electric 
                                transmission corridor; or
                                    ``(II) denies the application with 
                                respect to that route.
                    ``(D) Rulemaking.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the FASTER Act 
                        of 2023, the Secretary shall promulgate 
                        regulations to carry out this paragraph.
                            ``(ii) Other applicants.--In carrying out 
                        clause (i), the Secretary--
                                    ``(I) shall consider whether it 
                                would be appropriate to allow an entity 
                                other than the developer of a 
                                transmission project, such as a Tribal 
                                authority, a State, a non-transmission-
                                owning utility (such as a transmission-
                                dependent utility), a local government, 
                                a generation developer, or any other 
                                appropriate entity, to submit an 
                                application for the designation of a 
                                particular route as a national interest 
                                electric transmission corridor; and
                                    ``(II) may promulgate regulations 
                                to allow 1 or more entities described 
                                in subclause (I) to submit an 
                                application for a designation described 
                                in that subclause, as the Secretary 
                                determines to be appropriate, subject 
                                to the requirements described in 
                                subclauses (I) and (II) of subparagraph 
                                (C)(i).
    ``(c) Permit for Construction or Modification of National Interest 
Electric Transmission Facilities.--
            ``(1) In general.--Except as provided in subsection (i), 
        and subject to paragraph (2), the Commission may issue 1 or 
        more permits for the construction or modification of national 
        interest electric transmission facilities if the Commission 
        finds that--
                    ``(A) a State in which the transmission facilities 
                are to be constructed or modified does not have 
                authority--
                            ``(i) to approve the siting of the 
                        facilities; or
                            ``(ii) to consider the interstate benefits 
                        or interregional benefits expected to be 
                        achieved by the proposed construction or 
                        modification of transmission facilities in the 
                        State;
                    ``(B) the applicant for a permit is a transmitting 
                utility under this Act but does not qualify to apply 
                for a permit or siting approval for the proposed 
                project in a State because the applicant does not serve 
                end-use customers in the State; or
                    ``(C) a State commission or other entity that has 
                authority to approve the siting of the facilities--
                            ``(i) has not made a determination on an 
                        application seeking approval pursuant to 
                        applicable law by the date that is 1 year after 
                        the date on which the application was filed 
                        with the State commission or other entity;
                            ``(ii) has conditioned its approval in such 
                        a manner that the proposed construction or 
                        modification will not significantly reduce 
                        transmission capacity constraints or congestion 
                        in interstate commerce or is not economically 
                        feasible; or
                            ``(iii) has denied an application seeking 
                        approval pursuant to applicable law.
            ``(2) Requirement.--The Commission may issue a permit under 
        paragraph (1) only--
                    ``(A) after the Commission--
                            ``(i) makes a finding described in 
                        subparagraph (A), (B), or (C) of paragraph (1);
                            ``(ii) makes all applicable findings and 
                        determinations necessary to establish that the 
                        applicable facility is a national interest 
                        electric transmission facility described in 
                        subparagraph (A) or (B) of subsection (a)(7); 
                        and
                            ``(iii) provides notice and an opportunity 
                        for hearing with respect to the permit; and
                    ``(B) if the applicant engages in the prefiling 
                process with respect to the applicable facility.
            ``(3) Applications.--
                    ``(A) In general.--An application for a permit 
                under this subsection shall be made in writing to the 
                Commission.
                    ``(B) Rulemaking.--The Commission shall issue rules 
                specifying--
                            ``(i) the form of an application for a 
                        permit under this subsection;
                            ``(ii) the information to be contained in 
                        the application; and
                            ``(iii) the manner of service of notice of 
                        the application on interested persons.
            ``(4) Simultaneous proceedings.--In order to ensure that an 
        applicant for a permit under this subsection receives the most 
        timely decision possible with respect to that application, the 
        prefiling process relating to that application may be initiated 
        simultaneously with, or at any time after, an application is 
        submitted to, or any relevant process is initiated with, the 
        applicable State commission or other State entity that has 
        authority to approve the siting of the applicable facility.
    ``(d) Comments.--In any proceeding before the Commission under 
subsection (c), the Commission shall afford each State in which a 
transmission facility covered by the permit is or will be located, each 
affected Federal agency and Indian Tribe, private property owners, and 
other interested persons, a reasonable opportunity to present their 
views and recommendations with respect to the need for and impact of a 
facility covered by the permit.
    ``(e) Rights-of-Way.--
            ``(1) In general.--In the case of a permit under subsection 
        (c) for electric transmission facilities to be located on 
        property other than property owned by the United States or a 
        State, if the permit holder cannot acquire by contract, or is 
        unable to agree with the owner of the property to the 
        compensation to be paid for, the necessary right-of-way to 
        construct or modify, and operate and maintain, the transmission 
        facilities and, in the determination of the Commission, the 
        permit holder has made good faith efforts to engage with 
        affected landowners and other stakeholders early in the 
        applicable permitting process, the permit holder may acquire 
        the right-of-way by the exercise of the right of eminent domain 
        in the district court of the United States for the district in 
        which the property concerned is located, or in the appropriate 
        court of the State in which the property is located.
            ``(2) Good faith efforts to engage with affected landowners 
        and other stakeholders.--
                    ``(A) Community benefit agreements.--
                            ``(i) In general.--Subject to subparagraph 
                        (B), for purposes of paragraph (1), a permit 
                        holder may establish that the permit holder has 
                        made good faith efforts to engage with affected 
                        landowners and other stakeholders early in the 
                        applicable permitting process by demonstrating 
                        to the Commission that, during the prefiling 
                        process, the permit holder--
                                    ``(I) engaged in a meaningful 
                                process to develop and negotiate a 
                                community benefit agreement with 
                                applicable CBA parties (as defined in 
                                subsection (a)(2)(B)) in the community 
                                in which the affected landowners or 
                                other stakeholders are located; or
                                    ``(II) entered into a community 
                                benefit agreement with applicable CBA 
                                parties (as defined in that subsection) 
                                in that community.
                            ``(ii) Technical assistance.--
                                    ``(I) In general.--On the request 
                                of a project sponsor or a community 
                                engaged in the process of developing 
                                and negotiating a community benefit 
                                agreement, the Secretary shall provide 
                                technical assistance, including, as the 
                                Secretary determines to be appropriate, 
                                legal counsel, mediation, and guidance, 
                                to help the community develop and 
                                negotiate a community benefit agreement 
                                with the project sponsor.
                                    ``(II) Authorization of 
                                appropriations.--There are authorized 
                                to be appropriated to the Secretary 
                                such sums as are necessary to carry out 
                                this clause.
                    ``(B) Applicant code of conduct for engagement with 
                affected landowners.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the FASTER Act 
                        of 2023, the Commission shall promulgate a 
                        final rule to establish an applicant code of 
                        conduct for engagement with affected 
                        landowners.
                            ``(ii) Effect of compliance.--For purposes 
                        of paragraph (1), the Commission shall consider 
                        a permit holder to have made good faith efforts 
                        to engage with affected landowners if the 
                        Commission determines that the permit holder 
                        complied with the applicant code of conduct for 
                        engagement with affected landowners established 
                        under clause (i).
                            ``(iii) Effect of noncompliance.--Beginning 
                        on the effective date of the final rule 
                        promulgated under clause (i), the Commission 
                        may not make a determination that a permit 
                        holder has made good faith efforts to engage 
                        with affected landowners if the Commission 
                        determines that the permit holder substantially 
                        violated the applicant code of conduct for 
                        engagement with affected landowners established 
                        under that clause.
                    ``(C) Good faith efforts determination.--
                            ``(i) In general.--For purposes of 
                        paragraph (1), the Commission shall consider a 
                        permit holder to have made good faith efforts 
                        to engage with affected landowners and other 
                        stakeholders early in the applicable permitting 
                        process if the Commission determines that the 
                        permit holder--
                                    ``(I) engaged, in good faith, in a 
                                meaningful process described in 
                                subparagraph (A)(i)(I), regardless of 
                                whether a community benefit agreement 
                                was entered into as a result of that 
                                process; and
                                    ``(II) complied with the applicant 
                                code of conduct for engagement with 
                                affected landowners established 
                                pursuant to subparagraph (B)(i).
                            ``(ii) Requirement.--A permit holder that 
                        enters into a community benefit agreement 
                        described in subparagraph (A)(i)(II) shall be 
                        presumed to have complied with clause (i)(I).
                            ``(iii) Other good faith efforts.--For 
                        purposes of paragraph (1), the Commission may 
                        determine that a permit holder that has not 
                        engaged in a process described in subparagraph 
                        (A)(i)(I) as described in clause (i)(I) has 
                        made good faith efforts to engage with affected 
                        landowners and other stakeholders early in the 
                        applicable permitting process if the permit 
                        holder demonstrates, to the satisfaction of the 
                        Commission, that the permit holder has made 
                        good faith efforts pursuant to other means, 
                        subject to subparagraph (B)(iii).
                    ``(D) Effect of community benefit agreement on 
                eligibility for certain grants.--
                            ``(i) In general.--For purposes of section 
                        50152 of Public Law 117-169 (commonly known as 
                        the `Inflation Reduction Act of 2022') (42 
                        U.S.C. 18715a), if the sponsor of a project for 
                        which a permit is sought under subsection (c) 
                        has entered into a community benefit 
                        agreement--
                                    ``(I) the sponsor and any 
                                applicable agreement entity (as defined 
                                in subsection (a)(2)(B)) that is 
                                eligible to apply for a grant under 
                                that section may jointly apply for such 
                                a grant; and
                                    ``(II) the sponsor may receive and 
                                use amounts made available pursuant to 
                                such a grant in accordance with--
                                            ``(aa) any applicable 
                                        provisions of the applicable 
                                        community benefit agreement; 
                                        and
                                            ``(bb) any applicable rules 
                                        or conditions established by 
                                        the Secretary.
                            ``(ii) Negotiated provisions.--A community 
                        benefit agreement may include provisions 
                        requiring the project sponsor--
                                    ``(I) to submit an application for 
                                a grant under section 50152 of Public 
                                Law 117-169 (42 U.S.C. 18715a) on 
                                behalf of, or jointly with, the 
                                applicable agreement entity or any 
                                other entity eligible to apply for a 
                                grant under that section; and
                                    ``(II) to take any other actions 
                                necessary to secure a grant under that 
                                section.
            ``(3) Use of right-of-way.--Any right-of-way acquired under 
        paragraph (1) shall be used exclusively for the construction or 
        modification of electric transmission facilities within a 
        reasonable period of time after the acquisition.
            ``(4) Practice and procedure.--The practice and procedure 
        in any action or proceeding under this subsection in the 
        district court of the United States shall conform as nearly as 
        practicable to the practice and procedure in a similar action 
        or proceeding in the courts of the State in which the property 
        is located.
            ``(5) Savings clause.--
                    ``(A) In general.--Nothing in this subsection shall 
                be construed to authorize the use of eminent domain to 
                acquire a right-of-way for any purpose other than the 
                construction, modification, operation, or maintenance 
                of electric transmission facilities and related 
                facilities.
                    ``(B) Restriction; termination.--A right-of-way 
                acquired under paragraph (1) shall not be used for any 
                other purpose, and the right-of-way shall terminate on 
                the termination of the use for which the right-of-way 
                was acquired.
    ``(f) Compensation.--
            ``(1) In general.--Any right-of-way acquired pursuant to 
        subsection (e) shall be considered a taking of private property 
        for which just compensation is due.
            ``(2) Amount.--Just compensation shall be an amount equal 
        to the fair market value (including applicable severance 
        damages) of the property taken on the date of the exercise of 
        eminent domain authority.
    ``(g) State Law.--Nothing in this section precludes any person from 
constructing or modifying any transmission facility in accordance with 
State law.
    ``(h) Coordination of Federal Authorizations for National Interest 
Electric Transmission Facilities.--
            ``(1) Lead agency.--With respect to a qualifying project, 
        the Commission shall act as the lead agency for purposes of 
        coordinating--
                    ``(A) all applicable Federal authorizations;
                    ``(B) all applicable State or local authorizations; 
                and
                    ``(C) all related environmental reviews, pursuant 
                to the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) or any other Federal law.
            ``(2) Coordination.--
                    ``(A) In general.--To the maximum extent 
                practicable under applicable Federal law, the 
                Commission shall coordinate the Federal authorization 
                and review process under this subsection with any 
                Indian Tribes, multistate entities, and State agencies 
                that are responsible for conducting any separate 
                permitting and environmental reviews of the facility, 
                to ensure timely and efficient review and permit 
                decisions.
                    ``(B) Deadlines and milestones.--
                            ``(i) In general.--As the lead agency, the 
                        Commission, in consultation with agencies 
                        responsible for Federal authorizations and, as 
                        appropriate, with Indian Tribes, multistate 
                        entities, and State agencies that are willing 
                        to coordinate their own separate permitting and 
                        environmental reviews with the Federal 
                        authorization and environmental reviews, shall 
                        establish prompt and binding intermediate 
                        milestones and ultimate deadlines for the 
                        review of, and Federal authorization decisions 
                        relating to, the proposed facility, to ensure, 
                        to the maximum extent practicable, that the 
                        period described in clause (ii) does not exceed 
                        3 years.
                            ``(ii) Period described.--The period 
                        referred to in clause (i) is the period 
                        beginning on the date on which the prefiling 
                        process is initiated with respect to a proposed 
                        facility and ending on, as applicable--
                                    ``(I) the date on which a notice to 
                                proceed is issued with respect to that 
                                facility; or
                                    ``(II) the date on which an 
                                application for a permit under 
                                subsection (c) with respect to that 
                                facility is denied.
                            ``(iii) Certain deadlines.--The Commission 
                        shall ensure that, once an application has been 
                        submitted with such data as the Commission 
                        considers necessary, all permit decisions and 
                        related environmental reviews under all 
                        applicable Federal laws shall be completed--
                                    ``(I) within 1 year; or
                                    ``(II) if a requirement of another 
                                provision of Federal law does not 
                                permit compliance with subclause (I), 
                                as soon thereafter as is practicable.
            ``(3) Process for prompt disclosure of certain 
        information.--The Commission shall establish a process pursuant 
        to which a prospective applicant for a permit under subsection 
        (c) that has initiated the prefiling process may confer with 
        the agencies involved to have each such agency determine and 
        communicate to the prospective applicant, not later than 60 
        days after the prospective applicant submits a request--
                    ``(A) the likelihood of approval for a potential 
                facility; and
                    ``(B) the key issues of concern to the agencies and 
                the public.
            ``(4) Single environmental review document.--
                    ``(A) In general.--As the lead agency, the 
                Commission, in consultation with the affected agencies, 
                shall prepare a single environmental review document, 
                which shall be used as the basis for all decisions on 
                the qualifying project under Federal law.
                    ``(B) Streamlined review and permitting within 
                certain corridors.--The Commission and the heads of 
                other agencies shall streamline the review and 
                permitting of transmission within corridors designated 
                under section 503 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1763) by fully taking 
                into account prior analyses and decisions relating to 
                the corridors.
                    ``(C) Requirement.--The document prepared under 
                subparagraph (A) shall include consideration by the 
                relevant agencies of any applicable criteria or other 
                matters as required under applicable law.
            ``(5) Appeal to the president.--
                    ``(A) In general.--If any agency has denied a 
                Federal authorization required for a transmission 
                facility, or has failed to act by the deadline 
                established by the Commission pursuant to this section 
                for deciding whether to issue the authorization, the 
                applicant or any State in which the facility would be 
                located may file an appeal with the President, who 
                shall, in consultation with the affected agency, review 
                the denial or failure to take action on the pending 
                application.
                    ``(B) Decision.--Based on the overall record and in 
                consultation with the affected agency, the President 
                may--
                            ``(i) issue the necessary authorization 
                        with any appropriate conditions; or
                            ``(ii) deny the application.
                    ``(C) Deadline for decision.--The President shall 
                issue a decision not later than 90 days after the date 
                of the filing of the appeal.
                    ``(D) Requirement.--In making a decision under this 
                paragraph, the President shall comply with applicable 
                requirements of Federal law, including any requirements 
                of--
                            ``(i) the National Forest Management Act of 
                        1976 (16 U.S.C. 472a et seq.);
                            ``(ii) the Endangered Species Act of 1973 
                        (16 U.S.C. 1531 et seq.);
                            ``(iii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.);
                            ``(iv) the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.); and
                            ``(v) the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1701 et 
                        seq.).
                    ``(E) Application.--This paragraph shall not apply 
                to any unit of the National Park System, the National 
                Wildlife Refuge System, the National Wild and Scenic 
                Rivers System, the National Trails System, the National 
                Wilderness Preservation System, or a National Monument.
            ``(6) Application of fast-41 procedures.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, on the submission of an application 
                for a permit under subsection (c) for a qualifying 
                project--
                            ``(i) the qualifying project shall be 
                        considered to be a covered project (as defined 
                        in section 41001 of the FAST Act (42 U.S.C. 
                        4370m)); and
                            ``(ii) except as otherwise provided in this 
                        section (including paragraphs (1) and (2)), 
                        title XLI of the FAST Act (42 U.S.C. 4370m et 
                        seq.) (including section 41007 of that Act (42 
                        U.S.C. 4370m-6)) shall apply to the qualifying 
                        project in the same manner as any other covered 
                        project (as defined in section 41001 of that 
                        Act (42 U.S.C. 4370m)).
                    ``(B) Cooperation of participating agencies.--
                Notwithstanding any other provision of law, each 
                Federal participating agency with respect to a 
                qualifying project shall--
                            ``(i) cooperate with the Commission and the 
                        project sponsor with respect to the review and 
                        permitting processes carried out under this 
                        section; and
                            ``(ii) fully participate in those 
                        processes.
                    ``(C) Use of environmental review improvement 
                fund.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Agency participating in the 
                                prefiling process.--The term `agency 
                                participating in the prefiling process' 
                                means a participating agency or 
                                cooperating agency that participates in 
                                the prefiling process with respect to a 
                                qualifying project.
                                    ``(II) Fund.--The term `Fund' means 
                                the Environmental Review Improvement 
                                Fund established under section 41009(d) 
                                of the FAST Act (42 U.S.C. 4370m-8(d)).
                            ``(ii) General authority.--Notwithstanding 
                        any other provision of law, with respect to a 
                        qualifying project, amounts in the Fund may, in 
                        addition to any other use permitted under title 
                        XLI of the FAST Act (42 U.S.C. 4370m et seq.) 
                        (or a regulation promulgated under that title), 
                        be used--
                                    ``(I) by the Council, to cover the 
                                expenses of the Council relating to the 
                                qualifying project;
                                    ``(II) by the Commission, as the 
                                lead agency, to cover the costs of any 
                                environmental review relating to the 
                                qualifying project; and
                                    ``(III) as the Council determines 
                                to be appropriate, by any other Federal 
                                agency conducting an environmental 
                                review relating to the qualifying 
                                project, to cover the costs of 
                                conducting that environmental review.
                            ``(iii) Funding for purposes relating to 
                        the prefiling process.--Notwithstanding any 
                        other provision of law, the Council shall make 
                        amounts in the Fund available to agencies 
                        participating in the prefiling process for 
                        purposes relating to the participation of those 
                        agencies in that process, including to 
                        compensate those agencies for resources 
                        expended during that process for those 
                        purposes.
                            ``(iv) Subsequent consideration of 
                        participation in the prefiling process.--To 
                        encourage participation in the prefiling 
                        process, the Council, in making amounts in the 
                        Fund available to participating agencies and 
                        cooperating agencies for purposes relating to a 
                        qualifying project for which an application has 
                        been filed under subsection (c), shall take 
                        into consideration whether, and the extent to 
                        which, the participating agency or cooperating 
                        agency participated in the prefiling process 
                        with respect to that project.
                            ``(v) Authorization of appropriations to 
                        the fund.--In addition to any amounts 
                        authorized to be appropriated to the Fund under 
                        any other law, there are authorized to be 
                        appropriated to the Fund such sums as are 
                        necessary to carry out this subparagraph.
            ``(7) Prefiling required.--
                    ``(A) In general.--In order to facilitate maximum 
                participation by all stakeholders in the review and 
                permitting processes for qualifying projects, project 
                sponsors shall engage in a prefiling process in 
                accordance with the regulations promulgated under 
                subparagraph (C).
                    ``(B) Participation.--
                            ``(i) Mandatory participation.--Any 
                        applicant for a permit under subsection (c) and 
                        each Federal participating agency with respect 
                        to a project for which a permit is sought under 
                        that subsection shall participate in the 
                        prefiling process.
                            ``(ii) State, tribal, and local agencies.--
                        The Commission shall facilitate and encourage 
                        State, Tribal, and local agencies, including 
                        any State commission or other entity described 
                        in subsection (c)(1), to participate in the 
                        prefiling process for a qualifying project.
                    ``(C) Rulemaking.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the FASTER Act 
                        of 2023, the Commission shall promulgate a 
                        final rule to establish a prefiling process for 
                        use in accordance with this section.
                            ``(ii) Updates.--The Commission may revise 
                        and update, as the Commission determines to be 
                        appropriate, the rules and regulations of the 
                        Commission with respect to the prefiling 
                        process established under clause (i), subject 
                        to the condition that any revision or update is 
                        consistent with the making of good faith 
                        efforts to engage stakeholders early in the 
                        review and permitting processes for national 
                        interest electric transmission facilities.
            ``(8) Expediting application processing.--
                    ``(A) In general.--A Federal or State agency may 
                allow an applicant seeking a Federal authorization for 
                a qualifying project to fund a third-party contractor 
                selected by the Federal or State agency to assist in 
                reviewing the application.
                    ``(B) Direct funding for expedited consideration.--
                            ``(i) In general.--Beginning on the date of 
                        enactment of the FASTER Act of 2023, a Federal 
                        or State agency may accept and expend funds 
                        contributed by an applicant seeking a Federal 
                        authorization for a qualifying project to carry 
                        out an activity that directly and meaningfully 
                        contributes to expediting the consideration by 
                        the agency of the application.
                            ``(ii) Relation to existing discretionary 
                        funds.--Any funds received by an agency under 
                        this subparagraph may be used only to carry out 
                        activities that would not otherwise occur 
                        within the same timeframe using discretionary 
                        funds provided in an appropriations Act.
                    ``(C) Effect on application consideration.--In 
                carrying out this paragraph, the Commission or an 
                applicable agency shall ensure that the use of 
                applicant funds under subparagraph (A) or (B) will not 
                impact impartial decisionmaking with respect to the 
                responsibilities of the agency, either substantively or 
                procedurally, under this part or any other Federal law, 
                consistent with the regulations for implementing the 
                procedural provisions of the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) under parts 
                1500 through 1508 of title 40, Code of Federal 
                Regulations (or successor regulations).
                    ``(D) Voluntary funding.--Nothing in this paragraph 
                requires or compels an applicant--
                            ``(i) to fund a third-party contractor 
                        under subparagraph (A); or
                            ``(ii) to contribute direct funding for 
                        expedited consideration under subparagraph (B).
                    ``(E) Existing third-party contracts.--Nothing in 
                this paragraph affects any third party contract under 
                section 2403 of the Energy Policy Act of 1992 (16 
                U.S.C. 797d) that is in effect as of the date of 
                enactment of the FASTER Act of 2023.
                    ``(F) Accountability.--
                            ``(i) Reports.--A Federal or State agency 
                        shall submit to the Commission for each fiscal 
                        year a report that describes the manner in 
                        which the agency used funds under this 
                        paragraph during that fiscal year.
                            ``(ii) Audits.--The Comptroller General of 
                        the United States shall conduct periodic audits 
                        to ensure that Federal and State agencies use 
                        funds in accordance with this paragraph.
            ``(9) Categorical exclusions.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the FASTER Act of 2023, the 
                Commission shall--
                            ``(i) evaluate whether 1 or more additional 
                        categorical exclusions developed in compliance 
                        with the National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.) with respect to 
                        the activities described in subparagraph (D) 
                        would reduce processing times or costs for the 
                        issuance of permits under subsection (c) 
                        without significantly affecting the human 
                        environment; and
                            ``(ii) if the Commission determines under 
                        clause (i) that 1 or more additional 
                        categorical exclusions would reduce processing 
                        times or costs for the issuance of permits 
                        under subsection (c) without significantly 
                        affecting the human environment--
                                    ``(I) establish those categorical 
                                exclusions in compliance with the 
                                National Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.); and
                                    ``(II) revise relevant agency 
                                regulations and policy statements to 
                                implement those categorical exclusions.
                    ``(B) Categorical exclusions of other agencies.--
                Consistent with section 109 of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), the Commission may adopt a categorical exclusion 
                listed in the procedures of another Federal agency 
                under that Act for a category of proposed agency 
                actions for which the categorical exclusion was 
                established.
                    ``(C) Administration.--
                            ``(i) In general.--In administering a 
                        categorical exclusion established under 
                        subparagraph (A)(ii), the Commission shall 
                        comply with the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.) (including 
                        regulations promulgated pursuant to that Act).
                            ``(ii) Extraordinary circumstances.--In 
                        determining whether to use a categorical 
                        exclusion established under subparagraph 
                        (A)(ii), the Commission shall apply--
                                    ``(I) section 380.4(b) of title 18, 
                                Code of Federal Regulations (or a 
                                successor regulation); and
                                    ``(II) any other regulation 
                                promulgated by the Commission to 
                                establish extraordinary circumstances 
                                procedures described in section 
                                1507.3(e)(2)(ii) of title 40, Code of 
                                Federal Regulations (or a successor 
                                regulation).
                    ``(D) Activities described.--The activities 
                referred to in subparagraph (A) include--
                            ``(i) a geotechnical investigation;
                            ``(ii) off-road travel in an existing 
                        right-of-way;
                            ``(iii) adding a battery or other energy 
                        storage device to an existing or planned energy 
                        facility, if that storage resource is located 
                        within the physical footprint of the existing 
                        or planned energy facility;
                            ``(iv) any repair, maintenance, upgrade, 
                        optimization, or minor addition to existing 
                        transmission and distribution infrastructure, 
                        including--
                                    ``(I) operation, maintenance, or 
                                repair of power equipment and 
                                structures within existing substations, 
                                switching stations, transmission lines, 
                                and distribution lines;
                                    ``(II) the addition, modification, 
                                retirement, or replacement of breakers, 
                                transmission towers, transformers, 
                                bushings, or relays;
                                    ``(III) the voltage uprating, 
                                modification, reconductoring with 
                                conventional or advanced conductors, 
                                and clearance resolution of 
                                transmission lines;
                                    ``(IV) an activity to minimize fire 
                                risk, including vegetation management, 
                                routine fire mitigation, inspection, 
                                and maintenance activities, and removal 
                                of hazard trees and other hazard 
                                vegetation within or adjacent to an 
                                existing right-of-way;
                                    ``(V) an improvement to or 
                                construction of 1 or more structure 
                                pads for that infrastructure; and
                                    ``(VI) access and access route 
                                maintenance, and any repair, associated 
                                with any activity described in 
                                subclauses (I) through (V);
                            ``(v) approval of, and activities conducted 
                        in accordance with, operating plans or 
                        agreements for transmission and distribution 
                        facilities or under a special use authorization 
                        for an electric transmission and distribution 
                        facility right-of-way; and
                            ``(vi) construction, maintenance, 
                        realignment, or repair of an existing permanent 
                        or temporary access road--
                                    ``(I) within an existing right-of-
                                way or within a transmission or utility 
                                corridor established by Congress or in 
                                a land use plan; or
                                    ``(II) that serves an existing 
                                transmission line, distribution line, 
                                or energy facility.
                    ``(E) Other categorical exclusions.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the FASTER Act 
                        of 2023, the Commission shall--
                                    ``(I) review section 1021.410 of 
                                title 10, Code of Federal Regulations 
                                (as in effect on the date of enactment 
                                of the FASTER Act of 2023), and the 
                                applicable appendices of subpart D of 
                                that title; and
                                    ``(II) as the Commission determines 
                                to be appropriate, promulgate 
                                comparable regulations pursuant to 
                                which the Commission may establish 
                                categorical exclusions for, and apply 
                                categorical exclusions to, qualifying 
                                projects.
                            ``(ii) Transition period.--Until the date 
                        on which the regulations described in clause 
                        (i)(II) are promulgated by the Commission, the 
                        Commission may apply section 1021.410 of title 
                        10, Code of Federal Regulations (or a successor 
                        regulation), to qualifying projects.
            ``(10) NEPA processes and compliance.--
                    ``(A) Purpose.--The purpose of this paragraph is to 
                ensure that there is no duplication of effort or 
                processes with respect to environmental reviews 
                relating to the siting, construction, or modification 
                of national interest electric transmission facilities 
                in national interest electric transmission corridors 
                designated by the Secretary under paragraph (2) or (5) 
                of subsection (b).
                    ``(B) No environmental review required for nietc 
                designation.--Notwithstanding any other provision of 
                law, the designation of a national interest electric 
                transmission corridor under paragraph (2) or (5) of 
                subsection (b) does not require the preparation of an 
                environmental review document pursuant to the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) (including section 106 of that Act) or any other 
                provision of Federal law.
                    ``(C) Environmental review required for siting, 
                construction, or modification of facilities.--With 
                respect to any siting, construction, or modification of 
                a national interest electric transmission facility in a 
                national interest electric transmission corridor, the 
                Commission, in accordance with this subsection--
                            ``(i) shall be designated as the lead 
                        agency with respect to that siting, 
                        construction, or modification; and
                            ``(ii) shall prepare an environmental 
                        review document for that siting, construction, 
                        or modification, as applicable.
            ``(11) Federal land use authorizations.--
                    ``(A) In general.--Each Federal land use 
                authorization for a national interest electric 
                transmission facility shall be issued--
                            ``(i) for a duration, as determined by the 
                        Commission, commensurate with the anticipated 
                        use of the facility; and
                            ``(ii) with appropriate authority to manage 
                        the right-of-way for reliability and 
                        environmental protection.
                    ``(B) Renewal.--On the expiration of the 
                authorization (including an authorization issued before 
                the date of enactment of the FASTER Act of 2023), the 
                authorization shall be reviewed for renewal taking 
                fully into account reliance on such electricity 
                infrastructure, recognizing the importance of the 
                authorization for public health, safety, and economic 
                welfare and as a legitimate use of Federal land.
            ``(12) Consultation.--In exercising the responsibilities 
        under this section, the Commission shall consult regularly 
        with--
                    ``(A) the Secretary;
                    ``(B) electric reliability organizations (including 
                related regional entities) approved by the Commission; 
                and
                    ``(C) Transmission Organizations approved by the 
                Commission.
    ``(i) Interstate Compacts.--
            ``(1) In general.--The consent of Congress is given for 3 
        or more contiguous States to enter into an interstate compact, 
        subject to approval by Congress, establishing regional 
        transmission siting agencies--
                    ``(A) to facilitate siting of future electric 
                energy transmission facilities within those States; and
                    ``(B) to carry out the electric energy transmission 
                siting responsibilities of those States.
            ``(2) Technical assistance.--The Commission shall provide 
        technical assistance to regional transmission siting agencies 
        established under this subsection.
            ``(3) Authority.--The regional transmission siting agencies 
        shall have the authority to review, certify, and permit siting 
        of transmission facilities, including facilities in national 
        interest electric transmission corridors (other than facilities 
        on property owned by the United States).
            ``(4) Limitation.--The Commission shall have no authority 
        to issue a permit for the construction or modification of an 
        electric transmission facility within a State that is a party 
        to a compact, unless the Commission determines that the members 
        of the compact are unable to reach an agreement on an 
        application seeking approval by the date that is 1 year after 
        the date on which the application for the facility was filed.
    ``(j) Relationship to Other Laws.--Except as specifically provided, 
nothing in this section affects any requirement of an environmental law 
of the United States, including the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.).
    ``(k) ERCOT.--This section shall not apply within the area referred 
to in section 212(k)(2)(A).''.
    (b) Grants To Facilitate the Siting of Interstate Electricity 
Transmission Lines.--
            (1) Definitions.--In this subsection:
                    (A) Commission.--The term ``Commission'' means the 
                Federal Energy Regulatory Commission.
                    (B) Community benefit agreement.--The term 
                ``community benefit agreement'' has the meaning given 
                the term in section 216(a) of the Federal Power Act (16 
                U.S.C. 824p(a)).
                    (C) Covered transmission project.--The term 
                ``covered transmission project'' has the meaning given 
                the term in section 50152(e) of Public Law 117-169 
                (commonly known as the ``Inflation Reduction Act of 
                2022'') (42 U.S.C. 18715a(e)).
                    (D) Secretary.--The term ``Secretary'' means the 
                Secretary of Energy.
            (2) Allocation.--In carrying out section 50152 of Public 
        Law 117-169 (42 U.S.C. 18715a), the Secretary shall use, of the 
        amounts appropriated by subsection (a) of that section and used 
        for making grants under that section--
                    (A) 30 percent to make grants under subsection 
                (b)(1) of that section; and
                    (B) 70 percent to make grants under subsection 
                (b)(2) of that section.
            (3) Priority.--In making grants under subsection (b)(2) of 
        section 50152 of Public Law 117-169 (42 U.S.C. 18715a), the 
        Secretary shall give priority to State, local, or Tribal 
        governmental entities that, in the determination of the 
        Secretary, are among the most significantly impacted by project 
        development, construction, or local operations activities 
        relating to the covered transmission projects for which a grant 
        under that subsection is sought.
            (4) Additional economic development funding.--
                    (A) In general.--Subject to subparagraph (B), if 
                the Secretary makes a grant under section 50152(b)(2) 
                of Public Law 117-169 (42 U.S.C. 18715a), the sponsor 
                of the applicable covered transmission project shall be 
                required to contribute, to the recipient of the grant, 
                $1 for every $5 provided by the Secretary to that 
                recipient pursuant to the grant.
                    (B) Community benefit agreements.--If the sponsor 
                of the applicable covered transmission project has 
                entered into a community benefit agreement, the sponsor 
                may satisfy the requirement described in subparagraph 
                (A) through contributions or expenditures made pursuant 
                to the terms of the applicable community benefit 
                agreement.
    (c) Conforming Amendments.--
            (1) Section 1222 of the Energy Policy Act of 2005 (42 
        U.S.C. 16421) is amended--
                    (A) in subsection (a)(1)(A), by striking ``section 
                216(a) of the Federal Power Act'' and inserting 
                ``section 216(b) of the Federal Power Act (16 U.S.C. 
                824p(b))''; and
                    (B) in subsection (b)(1)(A), by striking ``section 
                216(a) of the Federal Power Act'' and inserting 
                ``section 216(b) of the Federal Power Act (16 U.S.C. 
                824p(b))''.
            (2) Section 40106(h)(1)(A) of the Infrastructure Investment 
        and Jobs Act (42 U.S.C. 18713(h)(1)(A)) is amended by striking 
        ``section 216(a) of the Federal Power Act 16 U.S.C. 824p(a)'' 
        and inserting ``section 216(b) of the Federal Power Act (16 
        U.S.C. 824p(b))''.
            (3) Section 50151(b) of Public Law 117-169 (commonly known 
        as the ``Inflation Reduction Act of 2022'') (42 U.S.C. 
        18715(b)) is amended--
                    (A) by inserting ``, in consultation with the 
                Federal Energy Regulatory Commission,'' after ``The 
                Secretary''; and
                    (B) by striking ``electric transmission facilities 
                designated by the Secretary to be necessary in the 
                national interest under section 216(a) of the Federal 
                Power Act (16 U.S.C. 824p(a))'' and inserting 
                ``national interest electric transmission facilities 
                (as defined in section 216(a) of the Federal Power Act 
                (16 U.S.C. 824p(a)))''.

SEC. 3. SUPPORT FOR REGIONAL OFFICES OF COOPERATING AGENCIES.

    There are authorized to be appropriated to the Federal Energy 
Regulatory Commission such sums as are necessary to provide funding to 
cooperating agencies (as defined in section 1508.1 of title 40, Code of 
Federal Regulations (or a successor regulation)) with respect to 
qualifying projects (as defined in section 216(a) of the Federal Power 
Act (16 U.S.C. 824p(a))) to help cover the costs of the staff and 
resources of the cooperating agency that relate to the qualifying 
project in order to focus those staff and resources on an expeditious 
review of the qualifying project.

SEC. 4. FERC HIRING AND COMPENSATION AUTHORITY.

    (a) Definition of Commission.--In this section, the term 
``Commission'' means the Federal Energy Regulatory Commission.
    (b) Appointment Authority.--Notwithstanding any provision of title 
5, United States Code, governing appointments and General Schedule 
classification and pay rates--
            (1) the Chairman of the Commission may designate positions 
        to which persons may be appointed without regard to the civil 
        service laws; and
            (2) the Commission may appoint persons to those positions 
        without regard to the civil service laws.
    (c) Compensation Authority.--
            (1) In general.--Notwithstanding chapter 51, and subchapter 
        III of chapter 53, of title 5, United States Code, the 
        Commission may fix the rate of basic pay for the positions of 
        individuals described in paragraph (2), subject to the 
        limitation described in paragraph (3), without regard to the 
        civil service laws.
            (2) Individuals described.--An individual referred to in 
        paragraph (1) is--
                    (A) an individual appointed under subsection (b); 
                or
                    (B) any other individual with respect to whom the 
                Chairman of the Commission determines that compensation 
                in accordance with that paragraph is necessary or 
                appropriate to hire or retain that individual.
            (3) Limitation.--The annual rate of basic pay for an 
        individual described in paragraph (2) may not exceed the per 
        annum rate of salary payable for level III of the Executive 
        Schedule under section 5314 of title 5, United States Code.

SEC. 5. DISPOSITION OF CERTAIN REVENUES.

    (a) Definitions.--In this section:
            (1) Covered land.--The term ``covered land'' means land 
        that is--
                    (A) public land; and
                    (B) not excluded from the siting, construction, or 
                modification of electric transmission facilities 
                under--
                            (i) a land use plan established under the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1701 et seq.); or
                            (ii) other Federal law.
            (2) Federal land.--The term ``Federal land'' means--
                    (A) National Forest System land; and
                    (B) public land.
            (3) Fund.--The term ``Fund'' means the Federal Land 
        Electric Energy Transmission Conservation Fund established by 
        subsection (d)(1).
            (4) National forest system.--The term ``National Forest 
        System'' has the meaning given the term in section 11(a) of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1609(a)).
            (5) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Disposition of Revenues.--Without further appropriation or 
fiscal year limitation, of the amounts collected as bonus bids, 
rentals, fees, or other payments under a right-of-way, permit, lease, 
or other authorization (other than under section 504(g) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1764(g))) for the 
siting, construction, or modification of electric transmission 
facilities on covered land or National Forest System land--
            (1) for the period beginning on the date of enactment of 
        this Act and ending on December 31, 2039;
                    (A) 25 percent shall be paid by the Secretary of 
                the Treasury to the State within the boundaries of 
                which the revenue is derived;
                    (B) 25 percent shall be paid by the Secretary of 
                the Treasury to the 1 or more counties within the 
                boundaries of which the revenue is derived, to be 
                allocated among the counties based on the percentage of 
                land from which the revenue is derived;
                    (C) 15 percent shall be deposited in the Treasury 
                and be made available to the Secretary to facilitate, 
                streamline, and improve Federal permit coordination 
                with respect to the siting, construction, or 
                modification of electric transmission facilities on 
                Federal land, including the transfer of the funds by 
                the Bureau of Land Management to other Federal agencies 
                and State agencies to facilitate the processing of 
                permits for the siting, construction, or modification 
                of electric transmission facilities on Federal land, 
                with priority given to using the amounts, to the 
                maximum extent practicable without detrimental impacts 
                to emerging markets, to expediting the issuance of 
                permits required for the siting, construction, or 
                modification of electric transmission facilities in the 
                States from which the revenues are derived; and
                    (D) 35 percent shall be deposited in the Fund; and
            (2) beginning on January 1, 2040--
                    (A) 25 percent shall be paid by the Secretary of 
                the Treasury to the State within the boundaries of 
                which the revenue is derived;
                    (B) 25 percent shall be paid by the Secretary of 
                the Treasury to the 1 or more counties within the 
                boundaries of which the revenue is derived, to be 
                allocated among the counties based on the percentage of 
                land from which the revenue is derived;
                    (C) 10 percent shall be deposited in the Treasury 
                and be made available to the Secretary to facilitate, 
                streamline, and improve Federal permit coordination 
                with respect to the siting, construction, or 
                modification of electric transmission facilities on 
                Federal land, including the transfer of the funds by 
                the Bureau of Land Management to other Federal agencies 
                and State agencies to facilitate the processing of 
                permits for the siting, construction, or modification 
                of electric transmission facilities on Federal land, 
                with priority given to using the amounts, to the 
                maximum extent practicable without detrimental impacts 
                to emerging markets, to expediting the issuance of 
                permits required for the siting, construction, or 
                modification of electric transmission facilities in the 
                States from which the revenues are derived; and
                    (D) 40 percent shall be deposited in the Fund.
    (c) Payments to States and Counties.--
            (1) In general.--Amounts paid to States and counties under 
        subsection (b) shall be used consistent with section 35 of the 
        Mineral Leasing Act (30 U.S.C. 191).
            (2) Payments in lieu of taxes.--A payment to a county under 
        paragraph (1) shall be in addition to a payment in lieu of 
        taxes received by the county under chapter 69 of title 31, 
        United States Code.
    (d) Federal Land Electric Energy Transmission Conservation Fund.--
            (1) In general.--There is established in the Treasury a 
        fund, to be known as the ``Federal Land Electric Energy 
        Transmission Conservation Fund'', which shall be administered 
        by the National Fish and Wildlife Foundation (referred to in 
        this subsection as the ``Foundation'').
            (2) Use of funds.--The Foundation may make amounts in the 
        Fund available to Federal, State, local, and Tribal agencies to 
        be distributed in regions in which projects for the siting, 
        construction, or modification of electric transmission 
        facilities are located on Federal land, for the purposes of--
                    (A) restoring and protecting--
                            (i) fish and wildlife habitat for affected 
                        species;
                            (ii) fish and wildlife corridors for 
                        affected species; and
                            (iii) water resources in areas affected by 
                        projects for the siting, construction, or 
                        modification of electric transmission 
                        facilities; and
                    (B) preserving and improving recreational access to 
                Federal land and water in an affected region through an 
                easement, right-of-way, or other instrument from 
                willing landowners for the purpose of enhancing public 
                access to existing Federal land and water that is 
                inaccessible or restricted.
            (3) Partnerships.--The Foundation may enter into 
        cooperative agreements with State, local, and Tribal agencies, 
        nonprofit organizations, and other appropriate entities to 
        carry out the activities described in subparagraphs (A) and (B) 
        of paragraph (2).
            (4) Investment of fund.--
                    (A) In general.--Any amounts deposited in the Fund 
                shall earn interest in an amount determined by the 
                Secretary of the Treasury on the basis of the current 
                average market yield on outstanding marketable 
                obligations of the United States of comparable 
                maturities.
                    (B) Use.--Any interest earned under subparagraph 
                (A) may be expended in accordance with this subsection.
            (5) Report to congress.--At the end of each fiscal year, 
        the Foundation shall submit to the Committee on Energy and 
        Natural Resources of the Senate and the Committee on Natural 
        Resources of the House of Representatives a report 
        identifying--
                    (A) the amounts described in subsection (b) that 
                were collected during that fiscal year, organized by 
                source;
                    (B) the amount and purpose of payments made to each 
                Federal, State, local, and Tribal agency under 
                paragraph (2) during that fiscal year; and
                    (C) the amount remaining in the Fund at the end of 
                the fiscal year.
            (6) Intent of congress.--It is the intent of Congress that 
        the revenues deposited and used in the Fund shall supplement 
        (and not supplant) annual appropriations for activities 
        described in subparagraphs (A) and (B) of paragraph (2).
                                 <all>