[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7329 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7329
To amend the Energy Act of 2020, the Geothermal Steam Act of 1970, the
Energy Policy Act of 2005, and the Mineral Leasing Act to streamline
the leasing and permitting processes of Federal agencies for certain
energy and mineral projects, to clarify Federal authorization
requirements for certain projects on non-Federal land, to establish
enforceable Federal authorization timelines and expedited judicial
remedies, to limit Federal actions halting fully permitted projects, to
create a de-risking compensation program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 2026
Mr. Harder of California (for himself, Mr. Lawler, Mr. Bacon, Mr. Gray,
Mr. Edwards, and Ms. McDonald Rivet) introduced the following bill;
which was referred to the Committee on Natural Resources, and in
addition to the Committees on Agriculture, Energy and Commerce,
Transportation and Infrastructure, Science, Space, and Technology, and
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Energy Act of 2020, the Geothermal Steam Act of 1970, the
Energy Policy Act of 2005, and the Mineral Leasing Act to streamline
the leasing and permitting processes of Federal agencies for certain
energy and mineral projects, to clarify Federal authorization
requirements for certain projects on non-Federal land, to establish
enforceable Federal authorization timelines and expedited judicial
remedies, to limit Federal actions halting fully permitted projects, to
create a de-risking compensation program, 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 ``Fighting for Reliable Energy and
Ending Doubt for Open Markets Act'' or the ``FREEDOM Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) energy projects face catastrophic financial losses when
Federal agencies revoke permits, fail to adhere to deadlines,
or take years to process routine applications for those
projects, even in cases in which project sponsors have invested
millions of dollars in reliance on Federal approvals;
(2) the regulatory uncertainty described in paragraph (1)--
(A) deters critical energy infrastructure
investment across all technologies; and
(B) undermines United States energy security and
economic competitiveness; and
(3) regulatory uncertainty and permitting delays increase
the cost of building energy and mineral infrastructure, which
raises the cost of living for American families and increases
power prices for homes and businesses.
SEC. 3. AMENDMENT TO ENERGY ACT OF 2020.
(a) In General.--The Energy Act of 2020 (division Z of the
Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat.
2418)) is amended by adding at the end the following:
``TITLE XII--FIGHTING FOR RELIABLE ENERGY AND ENDING DOUBT FOR OPEN
MARKETS
``Subtitle A--Definitions
``SEC. 12001. DEFINITIONS.
``In this title:
``(1) Agency.--The term `agency' has the meaning given the
term in section 551 of title 5, United States Code.
``(2) Authorization.--The term `authorization' means--
``(A) any license, permit, approval, finding,
determination, or administrative decision issued by an
agency; and
``(B) any interagency consultation that is
authorized or required to be conducted under Federal
law--
``(i) between or among--
``(I) agencies; and
``(II) in the case of any State
that chooses to participate in the
environmental review of a covered
energy project, 1 or more State
agencies; and
``(ii) in order to site, construct,
reconstruct, or commence operation of a covered
energy project.
``(3) Complex authorization.--The term `complex
authorization' means an authorization identified as a complex
authorization by a lead agency under section 12301(d).
``(4) Covered energy project.--The term `covered energy
project' means any activity carried out in the United States
that involves the construction of infrastructure--
``(A) to develop, produce, generate, store,
transport, or distribute energy;
``(B) to capture, remove, transport, or store
carbon dioxide; or
``(C) to mine, extract, beneficiate, or process
minerals.
``(5) Environmental document.--
``(A) In general.--The term `environmental
document' means--
``(i) an environmental assessment;
``(ii) a finding of no significant impact;
``(iii) a notice of intent;
``(iv) an environmental impact statement;
and
``(v) a record of decision.
``(B) Inclusions.--The term `environmental
document' includes any document that is--
``(i) a supplement to a document described
in subparagraph (A); or
``(ii)(I) related to a document described
in subparagraph (A); and
``(II) prepared pursuant to a court order.
``(6) Environmental impact statement.--The term
`environmental impact statement' means a detailed, written
statement required under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
``(7) Environmental review.--The term `environmental
review' means any agency procedure or process for--
``(A) applying a categorical exclusion (within the
meaning of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) (including regulations
promulgated pursuant to that Act)); or
``(B) preparing an environmental document under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(8) Lead agency.--The term `lead agency', with respect to
a covered energy project, means the agency with principal
responsibility for environmental review of the covered energy
project under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) (including regulations promulgated
pursuant to that Act).
``(9) Project sponsor.--The term `project sponsor' means a
private, public, or public-private entity seeking an
authorization for a covered energy project.
``(10) Reviewing court.--The term `reviewing court' means
the court in which a petition described in paragraph (1) of
section 12403(a) is filed, subject to paragraph (2)(B) of that
section.
``(11) Routine authorization.--The term `routine
authorization' means any authorization that is not a complex
authorization.
``Subtitle B--Federal Land Energy and Mineral Reforms
``SEC. 12101. ACCELERATING FEDERAL LAND RIGHTS-OF-WAY FOR CERTAIN
COVERED ENERGY PROJECTS.
``(a) Definition of Eligible Project.--In this section, the term
`eligible project' means a covered energy project for which the project
sponsor seeks a right-of-way under section 501 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1761).
``(b) Cost Recovery.--Not later than 30 days after the date on
which a project sponsor submits a complete 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 Secretary of the
Interior or the Secretary of Agriculture, as applicable, shall issue a
cost recovery agreement relating to the eligible project, if a cost
recovery agreement is required under section 2804.14 of title 43, Code
of Federal Regulations (or a successor regulation), or section 251.58
of title 36, Code of Federal Regulations (or a successor regulation).
``(c) Low-Disturbance Activities for Eligible Projects.--
``(1) In general.--Not later than 180 days after the date
of enactment of this title, to facilitate timely permitting of
eligible projects, the Secretary of the Interior and the
Secretary of Agriculture each shall 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
described in paragraph (2) that are necessary for eligible
projects.
``(2) Activities described.--Low-disturbance activities
referred to in paragraph (1) include the following:
``(A) An individual surface disturbance of less
than 5 acres for which a site-specific analysis has
previously been completed in an environmental document
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(B) An activity at a location at which the same
type of activity has previously occurred during the 5-
year period preceding the date of commencement of the
activity.
``(C) An activity on previously disturbed or
developed (as defined in section 1021.102(g)(1) of
title 10, Code of Federal Regulations (as in effect on
the date of enactment of this title) land that was
analyzed, in an approved land use plan or an
environmental document prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.)), as a reasonably foreseeable activity, subject
to the condition that the land use plan or
environmental document was approved during the 5-year
period preceding the date of commencement of the
activity.
``(D) Maintenance of a minor activity, other than
construction or major renovation, of a building or
facility.
``(E) A preliminary geotechnical investigation.
``(F) The construction or removal of a
meteorological evaluation tower.
``Subtitle C--De-Risking Compensation Program
``SEC. 12201. DEFINITIONS.
``In this subtitle:
``(1) Capital contribution.--The term `capital
contribution', with respect to a covered energy project, means
the sum of--
``(A) any amounts expended by the project sponsor
for the covered energy project; and
``(B) any amounts the project sponsor is obligated
to expend for the covered energy project under an
executed contract, binding commitment, or financing
agreement, including verifiable expenditures for
development, construction, permitting, and financing
costs directly related to the covered energy project.
The term `capital contribution' shall not include executive
compensation, bonuses, equity awards, general corporate
overhead, lobbying, public relations, dividends, or profit.
``(2) Court.--The term `Court' means the United States
Court of Federal Claims.
``(3) Program.--The term `Program' means the De-Risking
Compensation Program established by section 12202(a).
``(4) Secretary.--The term `Secretary' means the Secretary
of Energy.
``SEC. 12202. ESTABLISHMENT; PURPOSES.
``(a) Establishment.--There is established in the Department of
Energy a program, to be known as the `De-Risking Compensation Program',
to provide compensation to project sponsors of covered energy projects
that suffer unrecoverable losses due to an event described in section
12204(a), as determined by the Court in accordance with this subtitle.
``(b) Purposes.--The purposes of the Program are--
``(1) to reduce regulatory risks for energy infrastructure
developers;
``(2) to facilitate timely permitting and financing of
projects essential to United States energy security and
economic competitiveness; and
``(3) to provide compensation in cases in which an agency
action, inaction, or delay causes a covered energy project to
be cancelled, unviable, or subject to an unrecoverable loss.
``SEC. 12203. ENROLLMENT.
``(a) Eligibility.--A project sponsor shall be eligible to enroll
in the Program with respect to a covered energy project if the project
sponsor--
``(1) exercises control over the covered energy project;
and
``(2) submits to the Secretary an application under
subsection (b)--
``(A) after the submission of a notice of
initiation for the covered energy project under section
12301(a); but
``(B) not later than 90 days after the completed
notice date (as defined in section 12302(a)) of the
covered energy project.
``(b) Applications.--
``(1) In general.--A project sponsor seeking enrollment in
the Program shall submit to the Secretary an application, in
such form, in such manner, and containing such information as
the Secretary may require, subject to the condition that the
required information shall be only that necessary--
``(A) to verify the eligibility of the project
sponsor under subsection (a); and
``(B) to calculate the premium to be charged to the
project sponsor under subsection (d)(1).
``(2) Limitation.--The Secretary shall not accept an
application under this subsection relating to a covered energy
project that is submitted after the occurrence of an event
described in section 12204(a) with respect to the covered
energy project.
``(c) Determination by Secretary.--Not later than 90 days after the
date of receipt of an application under subsection (b), the Secretary
shall--
``(1) determine whether the application meets the
requirements of that subsection; and
``(2) on making--
``(A) a positive determination under paragraph (1),
enroll the project sponsor in the Program; or
``(B) a negative determination under paragraph (1),
deny enrollment in the Program.
``(d) Premiums and Fees.--
``(1) Annual premium.--
``(A) In general.--As a condition of enrollment in
the Program, a project sponsor shall pay to the
Secretary an annual premium in accordance with
subparagraph (B).
``(B) Amount.--
``(i) In general.--Subject to clause (ii),
the amount of the annual premium paid by a
project sponsor under subparagraph (A) shall be
equal to 1.5 percent of the capital
contribution of the project sponsor to the
covered energy project.
``(ii) Adjustment.--The Secretary may
increase the amount of a premium charged to a
project sponsor under clause (i) by not more
than 1.5 percentage points, as the Secretary
determines to be necessary to ensure the
solvency of the Program.
``(C) Deposit.--The Secretary shall deposit the
premiums collected pursuant to this paragraph in the
De-Risking Compensation Fund established by section
12205(a).
``(2) No enrollment fee.--No enrollment fee may be charged
for enrollment in the Program.
``(e) Administrative Record.--
``(1) In general.--For each covered energy project with
respect to which a project sponsor is enrolled in the Program,
the Secretary shall maintain an administrative record, which
shall consist of--
``(A) the application submitted by the project
sponsor under subsection (b); and
``(B) the premium payment history of the project
sponsor.
``(2) Certification.--Not later than 30 days after the date
of receipt of a request from a project sponsor enrolled in the
Program, the Secretary shall certify and submit to the Court
the administrative record maintained under paragraph (1) with
respect to the applicable covered energy project.
``SEC. 12204. COMPENSATION OF ENROLLED PROJECT SPONSORS.
``(a) Triggering Events.--A project sponsor enrolled in the Program
may receive from the Secretary compensation in accordance with this
section if the Court determines that the covered energy project of the
project sponsor has suffered an unrecoverable loss due to any of the
following events:
``(1) Revocation, cancellation, or vacatur of an
authorization.
``(2) Failure by an agency to issue a final decision
regarding an authorization by the applicable deadline under
subsection (b) or (c) of section 12302.
``(3) Failure by an agency to act on a remand, renewal, or
reapproval relating to the covered energy project by the date
that is 180 days after the date on which the agency received
the remand, renewal request, or reapproval request, as
applicable.
``(4) Failure by an agency to adhere to a deadline required
under another Federal law.
``(5) Inaction or unreasonable delay by an agency that--
``(A) causes the cancellation of the covered energy
project; or
``(B) renders the covered energy project
commercially unviable.
``(b) Claims for Compensation.--
``(1) In general.--Not later than the date described in
paragraph (2), a project sponsor enrolled in the Program may
bring an action in the Court seeking compensation from the
Secretary with respect to a covered energy project.
``(2) Description of date.--The date referred to in
paragraph (1) is the date that is 180 days after the later of--
``(A) the date on which an event described in
subsection (a) occurs with respect to the applicable
covered energy project; and
``(B) the first date on which the project sponsor
knew, or reasonably should have known, of--
``(i) an unrecoverable loss suffered by the
covered energy project; and
``(ii) the causal connection of that loss
to an event described in subsection (a).
``(3) Contents.--A claim filed with the Court under this
subsection shall include documentation, certified by a
qualified accountant, demonstrating--
``(A) enrollment of the project sponsor in the
Program with respect to the applicable covered energy
project;
``(B) the total capital contribution of the project
sponsor to the covered energy project; and
``(C)(i) each unrecoverable loss claimed with
respect to the covered energy project; and
``(ii) the causal connection of that loss to an
event described in subsection (a).
``(c) Judicial Review.--
``(1) Exclusive jurisdiction.--The Court shall have
exclusive jurisdiction over any action brought under this
section.
``(2) Standard and scope of review.--In an action under
this section, the Court shall--
``(A) review the matter based on the administrative
record submitted by the Secretary under section
12203(e)(2), subject to paragraph (3); and
``(B) determine de novo--
``(i) whether the project sponsor has
established, by a preponderance of the
evidence, entitlement to compensation under the
Program; and
``(ii) if such an entitlement is so
established, the amount of compensation to be
provided, in accordance with subsection (d).
``(3) Failure to certify or submit record.--If the
Secretary fails to maintain an administrative record as
required under paragraph (1) of section 12203(e), or fails to
certify or submit to the Court such a record by the applicable
deadline under paragraph (2) of that section, the Court may
proceed in the applicable action under this section on the
basis of--
``(A) the evidence submitted by the project
sponsor; and
``(B) any other evidence the Court determines to be
appropriate.
``(d) Payments.--
``(1) Judgment.--
``(A) In general.--On determining that a project
sponsor is entitled to receive compensation in an
action under this section, the Court shall enter a
judgment ordering the Secretary to pay the awarded
amount from the De-Risking Compensation Fund
established by section 12205(a), subject to
subparagraph (B).
``(B) Minimum capital contribution.--The Court may
not award compensation to a project sponsor under this
subsection with respect to a covered energy project
unless the project sponsor demonstrates, through the
documentation submitted under subsection (b)(3), that
the capital contribution of the project sponsor to the
covered energy project is equal to not less than
$5,000,000.
``(2) Amount.--
``(A) Limitation.--The amount of compensation
provided to a project sponsor under this subsection
shall not exceed an amount equal to the total capital
contribution of the project sponsor to the applicable
covered energy project.
``(B) Offset.--The Court shall reduce the amount of
compensation provided to a project sponsor under this
subsection by the amount of any award, settlement
payment, insurance recovery, or other compensation
received by the project sponsor for the same
unrecoverable loss arising from the same agency action,
inaction, delay, or order that is the subject of the
action under this section.
``(C) No double recovery.--A project sponsor may
not receive compensation under this subtitle for any
loss for which the project sponsor has been compensated
under subtitle E.
``(3) Action by secretary.--The Secretary shall provide to
a project sponsor a payment awarded by the Court under this
section by not later than 30 days after the date on which the
judgment under paragraph (1) ordering that payment becomes
final.
``(e) Limitations on Denial.--The Court and the Secretary may not
deny a claim submitted by a project sponsor under this subtitle based
on--
``(1) the merits of the covered energy project that is the
subject of the claim; or
``(2) a type of technology employed by that covered energy
project.
``(f) Appeals.--A judgment of the Court under this section shall be
subject to judicial review in the United States Court of Appeals for
the Federal Circuit in accordance with section 1295 of title 28, United
States Code.
``SEC. 12205. DE-RISKING COMPENSATION FUND.
``(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the `De-Risking Compensation Fund'
(referred to in this section as the `Fund'), consisting of--
``(1) the premiums collected under section 12203(d)(1); and
``(2) such amounts as are appropriated to the Fund pursuant
to subsection (c).
``(b) Use of Funds.--Amounts in the Fund shall be available,
without further appropriation, solely for--
``(1) compensation payments ordered in final judgments
under section 12204(d)(1); and
``(2) the administration of the Program, subject to the
condition that not more than 5 percent of amounts in the Fund
shall be available for administrative expenses.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as are necessary to carry out this
subtitle.
``(d) Limitation.--No payment may be made under this subtitle from
the general fund of the Treasury or any other Federal account if
amounts in the Fund are exhausted.
``Subtitle D--Permitting Timelines and Performance Fund
``SEC. 12301. NOTICES OF INITIATION; PROJECT SCHEDULES.
``(a) Notices of Initiation for Covered Energy Projects.--
``(1) In general.--A project sponsor shall submit a notice
of initiation for a covered energy project proposed to be
carried out by the project sponsor to the head of each agency
from which 1 or more authorizations are anticipated to be
required to carry out the covered energy project.
``(2) Contents.--A notice of initiation under this
subsection shall include--
``(A) a statement describing the purposes and
objectives of the proposed covered energy project;
``(B) a concise description of the proposed covered
energy project, including the general location of the
proposed covered energy project and a summary of
geospatial information, if available, illustrating the
project area and the locations of known environmental,
cultural, and historic resources, if any;
``(C) a statement identifying all Federal
financing, environmental reviews, and authorizations
anticipated to be required to carry out the proposed
covered energy project; and
``(D) a general description, to the extent
practicable, of any preliminary and projected future
stakeholder engagement conducted by the project sponsor
relating to the covered energy project.
``(b) Determination of Completeness.--
``(1) In general.--Not later than 30 days after the date of
receipt of a notice of initiation under subsection (a), the
applicable lead agency shall determine whether the notice is
complete in accordance with paragraph (2).
``(2) Completeness.--A notice of initiation shall be
considered to be complete under paragraph (1) if the lead
agency determines that the notice meets the requirements
described in subsection (a)(2).
``(3) Statement.--
``(A) In general.--A lead agency, on making a
determination under paragraph (1) that--
``(i) a notice of initiation is complete,
shall provide to the project sponsor a
statement of the determination; or
``(ii) a notice of initiation is
incomplete, shall provide to the project
sponsor a deficiency statement identifying the
information required for the notice to be
considered complete.
``(B) Failure to act.--If a lead agency fails to
issue a statement under this paragraph by the
applicable deadline described in paragraph (1), the
applicable notice of initiation shall be deemed to be
complete.
``(4) Effect of deficiency.--
``(A) Response by project sponsor.--If a lead
agency issues a deficiency statement under paragraph
(3)(A)(ii), the project sponsor may--
``(i) submit to the lead agency a revised
notice containing the information identified in
the deficiency statement by not later than 90
days after the date on which the deficiency
statement is issued; or
``(ii) request an extension of time to
prepare such a revised notice.
``(B) Extension.--On receipt of a request for an
extension under subparagraph (A)(ii), a lead agency
shall grant the applicable project sponsor an extension
of the applicable deadline under subparagraph (A)(i)
for a period of not more than 90 days.
``(c) Project Schedule.--Not later than 30 days after the date on
which a notice of initiation for a proposed covered energy project is
determined or deemed to be complete under subsection (b), the
applicable lead agency shall publish a schedule for the covered energy
project that--
``(1)(A) lists each authorization required for the covered
energy project; and
``(B) identifies each such authorization as a routine
authorization or a complex authorization, in accordance with
subsection (d);
``(2) identifies each Federal, State, Tribal, and local
agency that has been designated as a cooperating agency for the
covered energy project in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if
applicable; and
``(3) establishes for the covered energy project--
``(A) interim milestones; and
``(B) final decision dates in accordance with
section 12302.
``(d) Identification of Authorizations.--
``(1) In general.--For each authorization required for a
covered energy project for which a schedule is published under
subsection (c), the lead agency shall identify the
authorization as--
``(A) a complex authorization if the authorization
is--
``(i) described in paragraph (2); or
``(ii) designated by the lead agency
pursuant to paragraph (3)(A); or
``(B) a routine authorization if the authorization
is not identified as a complex authorization under
subparagraph (A).
``(2) Description of complex authorizations.--A complex
authorization referred to in paragraph (1)(A)(i) is an
authorization that--
``(A) requires the issuance of an authorization or
certification of public convenience and necessity under
section 3(e) or 7(c) of the Natural Gas Act (15 U.S.C.
717b(e), 717f(c));
``(B) requires the issuance of a license or permit
under section 4(e) or 216 of the Federal Power Act (16
U.S.C. 797(e), 824p);
``(C) requires the issuance of a lease, easement,
right-of-way, or other authorization under section 5 or
8(p) of the Outer Continental Shelf Lands Act (43
U.S.C. 1334, 1337(p));
``(D) requires the preparation of an environmental
assessment or environmental impact statement;
``(E) requires formal consultation under section 7
of the Endangered Species Act of 1973 (16 U.S.C. 1536)
or results in the issuance of a biological opinion;
``(F) requires consultation under section 306108 of
title 54, United States Code;
``(G) grants a new or expanded right-of-way,
easement, lease, or comparable real property interest
exceeding 20 acres of Federal property; or
``(H) requires an individual permit under section
404 of the Federal Water Pollution Control Act (33
U.S.C. 1344) or an individual water quality
certification under section 401 of that Act (33 U.S.C.
1341).
``(3) Designations by lead agency.--
``(A) In general.--A lead agency may designate an
authorization as a complex authorization based on a
written, reasoned determination of the lead agency that
identifies factors that--
``(i) are specific to the applicable
covered energy project; and
``(ii) are not described in subparagraphs
(A) through (H) of paragraph (2).
``(B) Judicial review.--The designation by a lead
agency of a complex authorization pursuant to
subparagraph (A) shall be subject to judicial review by
the applicable reviewing court under subtitle E.
``SEC. 12302. AUTHORIZATION DEADLINES.
``(a) Definition of Completed Notice Date.--In this section, the
term `completed notice date', with respect to a covered energy project,
means the date on which the notice of initiation under section 12301(a)
for the covered energy project is--
``(1) determined to be complete under section 12301(b)(1);
or
``(2) deemed to be complete under section 12301(b)(3)(B).
``(b) Deadlines.--Each agency that receives from a project sponsor
a notice of initiation under section 12301(a) for a covered energy
project shall issue a final decision regarding each authorization for
the covered energy project that is under the jurisdiction of the agency
by not later than--
``(1) the date that is 90 days after the completed notice
date of the covered energy project, if the authorization is a
routine authorization; and
``(2) the date that is 1 year after the completed notice
date of the covered energy project, if the authorization is a
complex authorization, except as provided in subsection (c).
``(c) Extension for Environmental Impact Statements.--If the lead
agency publishes a notice of intent to prepare an environmental impact
statement for a covered energy project after the completed notice date
of the covered energy project, the deadline for completion of the
environmental impact statement shall be the date that is 2 years after
the completed notice date.
``(d) Earlier Deadlines Under Other Federal Law.--If another
Federal law requires an agency to issue a final decision regarding an
authorization by a date that is earlier than the deadline applicable
under subsection (b) or (c), the agency shall issue the final decision
not later than that earlier date.
``(e) Failure To Meet Deadline.--
``(1) In general.--Except as provided in paragraph (2), the
failure by an agency to adhere to a deadline under this section
or a milestone under section 12301(c)(3)(A) shall be--
``(A) considered to be a final agency action
unlawfully withheld or unreasonably delayed under
section 706 of title 5, United States Code; and
``(B) subject to review by a reviewing court under
subtitle E or the United States Court of Federal Claims
under subtitle C.
``(2) Exceptions.--The failure by an agency to adhere to a
deadline under this section or a milestone under section
12301(c)(3)(A) shall not be considered to be a final agency
action unlawfully withheld or unreasonably delayed under
section 706 of title 5, United States Code, if--
``(A) the project sponsor and the agency agree to a
different deadline or milestone; or
``(B) a reviewing court determines that--
``(i) a natural disaster reasonably
impaired the ability of the agency to adhere to
the deadline or milestone; or
``(ii) a national emergency or
extraordinary circumstance exists for which the
only available remedy is to delay the deadline
or milestone.
``SEC. 12303. REVIEWING COURT-APPROVED CONTRACTORS.
``(a) Definition of Eligible Project.--In this section, the term
`eligible project' means a covered energy project with respect to which
a reviewing court has--
``(1) found that an agency has failed to adhere to a
deadline or milestone; and
``(2) issued an order described in section 12404(b)(2)(C).
``(b) Project Sponsor Request.--
``(1) In general.--On receipt of a request from the project
sponsor of an eligible project, a reviewing court may authorize
the project sponsor to retain a qualified contractor to
complete any necessary analysis or documentation, in accordance
with this subsection.
``(2) Inclusions.--A project sponsor request under
paragraph (1) shall include--
``(A) identifying information for the contractor
proposed to be hired by the project sponsor; and
``(B) the qualifications of that contractor,
including--
``(i) relevant professional credentials;
``(ii) prior experience with Federal
environmental reviews; and
``(iii) disclosure of any potential
conflicts of interest that are material to the
work to be performed, including--
``(I) any financial interest in the
outcome of the applicable eligible
project;
``(II) any contingent or success-
based compensation arrangement;
``(III) any engagement with the
project sponsor;
``(IV) any equity ownership with a
10-percent or greater interest;
``(V) any contractual relationship,
during the 2-year period preceding the
date of the request, between the
contractor and an engineering,
procurement, or construction firm
acting as a prime contractor for the
eligible project; and
``(VI) any current engagement
related to the eligible project.
``(3) Approval.--
``(A) In general.--Not later than 30 days after the
date of receipt of a request of a project sponsor under
this subsection, the reviewing court shall approve or
reject the proposed contractor that is the subject of
the request based on--
``(i) the demonstrated technical competence
of the contractor for the required analyses;
``(ii) the absence of disqualifying
conflicts of interest;
``(iii) the agreement of the contractor--
``(I) to operate under the
technical guidance of the applicable
agency;
``(II) to maintain independence in
professional judgment; and
``(III) to proceed under the
direction of the reviewing court if the
agency fails to provide technical
guidance or timely review by an
applicable deadline under subsection
(g); and
``(iv) a determination by the reviewing
court regarding whether the contractor meets
the qualifications described in subparagraph
(B).
``(B) Qualifications.--The qualifications referred
to in subparagraph (A)(iv), with respect to a
contractor, are that the contractor--
``(i) holds a recognized professional
license or certification applicable to the
work, or has demonstrably comparable expertise;
``(ii) has demonstrated experience
completing similar analyses for agencies during
the preceding 5-year period;
``(iii) is not debarred or suspended from
Federal contracting; and
``(iv) maintains professional liability
insurance of not less than $1,000,000.
``(C) Form of approval.--The approval of a
reviewing court under this paragraph may include any
conditions or limitations necessary to ensure
compliance with applicable law.
``(c) Standards and Obligations.--
``(1) In general.--A contractor approved by a reviewing
court under subsection (b) shall--
``(A) follow applicable laws and regulations,
guidance documents, and technical standards relevant to
the analyses performed by the contractor;
``(B) certify under penalty of perjury that all
work product of the contractor meets the applicable
legal requirements;
``(C) maintain professional independence from the
applicable project sponsor in all technical
determinations and analyses;
``(D) remain subject to applicable professional
liability and ethical standards; and
``(E) execute a sworn conflict of interest and
relationship disclosure, as described in subsection
(b)(2)(B)(iii), and maintain a log of material
communications with the project sponsor, which shall be
made available to the reviewing court and any
applicable agency on request.
``(2) Status of work product.--All work product of a
contractor approved under this section shall be--
``(A) deemed to be received by the applicable
agency on submission by the contractor; and
``(B) included in the administrative record
relating to each relevant authorization.
``(d) Payment.--
``(1) In general.--All reasonable costs of a contractor
approved by a reviewing court under this section, including the
costs of studies, modeling, and coordination, shall be paid--
``(A) by the relevant lead agency from amounts in
the Permitting Performance Fund established by section
12304(a); and
``(B) at rates not higher than comparable rates on
the Federal Supply Schedule of the General Services
Administration, or as otherwise determined to be
reasonable by the reviewing court.
``(2) Advances.--
``(A) In general.--A project sponsor may advance to
a contractor approved under this section payment for
any costs described in paragraph (1).
``(B) Reimbursement.--The relevant lead agency
shall reimburse a project sponsor that makes an advance
payment under subparagraph (A) by not later than 30
days after the date on which the project sponsor
submits to the lead agency an invoice relating to the
advance payment.
``(e) Scope of Work.--A contractor approved by a reviewing court
under this section shall prepare only the documentation necessary to
complete the relevant administrative record.
``(f) Production of Government Information.--
``(1) In general.--On a motion of the project sponsor or a
contractor approved by a reviewing court under this section,
the reviewing court may order any Federal, State, or local
agency to produce, by a date certain, any document, data, or
expert input necessary to complete the relevant administrative
record.
``(2) No tolling.--A failure by an agency to produce a
document, data, or input by the applicable date under paragraph
(1) shall not toll any deadline under this title.
``(g) Deadlines for Contractor Work.--A reviewing court shall
establish deadlines for deliverables of a contractor approved by the
reviewing court under this section, subject to the condition that such
a deadline shall not exceed--
``(1) 120 days for a complex authorization not requiring an
environmental impact statement; and
``(2) 240 days for a complex authorization requiring an
environmental impact statement.
``(h) Agency Decisions on Contractor-Prepared Record.--
``(1) Agency action.--Not later than 30 days after the date
on which a contractor approved by a reviewing court under this
section submits to an applicable agency the completed
documentation prepared by the contractor, the agency shall--
``(A) issue a final decision regarding the
applicable authorization, based on the documentation;
or
``(B) identify, including a citation to the
applicable law or regulation, any specific legal
deficiency in the documentation that requires
correction, subject to paragraph (2)(C).
``(2) Deficiencies.--
``(A) In general.--If an agency identifies a
deficiency under paragraph (1)(B), the affected
contractor shall correct the deficiency by not later
than 90 days after the date on which the identification
occurs.
``(B) Action by agency.--Not later than 14 days
after the date of receipt of corrected documentation
under subparagraph (A), an agency shall issue a final
decision regarding the applicable authorization.
``(C) Single identification.--An agency may
identify deficiencies under paragraph (1)(B) on only 1
occasion, unless the applicable reviewing court
approves another identification for good cause based on
a legal requirement that was not in effect at the time
of the initial identification of deficiencies.
``(3) Limitation.--An agency may not reject any
documentation prepared by a contractor approved by a reviewing
court under this section based on a policy disagreement or any
other discretionary factor if the documentation satisfies all
applicable legal requirements.
``SEC. 12304. PERMITTING PERFORMANCE FUND.
``(a) Establishment.--There is established in the Treasury a fund,
to be known as the `Permitting Performance Fund' (referred to in this
section as the `Fund'), consisting of--
``(1) any civil penalties assessed under section 12404(c);
``(2) such amounts as are transferred to the Fund under
subsection (c); and
``(3) such amounts as are appropriated to the Fund pursuant
to subsection (d).
``(b) Use of Funds.--Amounts in the Fund shall be available,
without further appropriation, to pay the costs of--
``(1) any contractor approved by a reviewing court under
section 12303(b); and
``(2) any penalty or award to a project sponsor of
attorneys' fees and costs ordered by a reviewing court pursuant
to section 12404(b)(2)(D).
``(c) Transfer of Amounts.--
``(1) Definition of covered workload.--In this subsection,
the term `covered workload', with respect to an agency, means
the total number of authorizations for covered energy projects
listed in project schedules published under section 12301(c)
for which the agency was identified as the responsible agency,
determined by assigning a weight of 1 to each routine
authorization and a weight of 4 to each complex authorization.
``(2) Transfer.--The Secretary of the Treasury shall
transfer to the Fund from the general management account of any
agency found by a reviewing court under subtitle E to be liable
for an unreasonable delay an amount based on the proportion
that--
``(A) the covered workload of the agency during the
preceding fiscal year; bears to
``(B) the covered workload of all agencies during
that preceding fiscal year.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund--
``(1) $50,000,000 for the initial capitalization of the
Fund; and
``(2) thereafter, such sums as are necessary to carry out
this section.
``SEC. 12305. EFFECTIVE DATE.
``(a) In General.--This subtitle shall apply to any notice of
initiation submitted under section 12301(a) for a covered energy
project on or after the date that is 90 days after the date of
enactment of this title.
``(b) Pending Projects.--For a covered energy project the notice of
initiation for which is pending on the effective date described in
subsection (a)--
``(1) this subtitle shall apply beginning on the date that
is 120 days after the date of enactment of this title; and
``(2) as applicable, the completed notice date (as defined
in section 12302(a)) shall be deemed to be the date that is 120
days after that date of enactment.
``Subtitle E--Expedited Judicial Review and Enforcement
``SEC. 12401. CAUSES OF ACTION.
``(a) In General.--Subject to subsection (b), a project sponsor of
a covered energy project may file a petition in accordance with section
12402 for judicial review of--
``(1) a final agency action relating to the covered energy
project;
``(2) an alleged failure by an agency--
``(A) to act on the covered energy project,
including through unlawful withholding or unreasonable
delay; or
``(B) to adhere to--
``(i) a milestone established for the
covered energy project under section
12301(c)(3)(A); or
``(ii) a deadline applicable to the covered
energy project under section 12302; or
``(3) an order, directive, suspension, revocation, or other
action described in section 12501(b) of an agency relating to
the covered energy project.
``(b) Single Petition Rule.--
``(1) In general.--A project sponsor may file only 1
petition under this subtitle with respect to any single cause
of action described in subsection (a).
``(2) Multiple grounds.--A project sponsor may file a
single petition under this subtitle seeking multiple grounds
for relief.
``(c) Relief Sought.--A petition under this subtitle may seek 1 or
more of the following:
``(1) Review of an order, directive, or action described in
section 12501(b).
``(2) A court order compelling agency action or other
relief for an unreasonable delay in the authorization process,
in accordance with subtitle D.
``(3) Review of the designation of an authorization as a
complex authorization pursuant to section 12301(d)(3).
``(d) Intervention.--
``(1) In general.--Any person that would have standing
under article III of the Constitution of the United States to
challenge or defend the applicable agency action may move to
intervene in a cause of action under this subtitle.
``(2) Ruling.--The reviewing court shall rule expeditiously
on any motion to intervene under paragraph (1).
``SEC. 12402. PETITION REQUIREMENTS.
``(a) Contents.--
``(1) Requirements.--A petition under this subtitle shall
contain an affidavit, together with supporting documentation
described in paragraph (2), demonstrating the grounds for the
petition as follows:
``(A) Subtitle f actions.--A petition alleging that
an agency violated section 12501 with respect to a
covered energy project shall demonstrate that--
``(i) the agency issued an order or
directive, revoked a permit or authorization,
or carried out any other action to halt, delay,
or otherwise cancel a previously authorized
activity in violation of section 12501;
``(ii) the project sponsor has suffered a
loss as a direct result of the action described
in clause (i); and
``(iii) the compensation sought in the
petition does not exceed an amount equal to 125
percent of the amount of financial loss
suffered by the project sponsor as a result of
that action.
``(B) Unreasonable delays.--A petition alleging
unreasonable delay by an agency with respect to a
covered energy project shall demonstrate that--
``(i) the petitioner is a project sponsor
that has submitted a notice of initiation under
section 12301(a) for the covered energy
project;
``(ii) the notice was, on such date as the
project sponsor shall specify--
``(I) determined to be complete
under section 12301(b)(1); or
``(II) deemed to be complete under
section 12301(b)(3)(B);
``(iii) the applicable deadline for a final
decision relating to an authorization for the
covered energy project under section 12302 has
lapsed without the agency issuing the final
decision; and
``(iv) the petitioner has suffered or will
suffer harm as a result of the lapse described
in clause (iii).
``(C) Designations as complex.--A petition seeking
review of the designation of an authorization as a
complex authorization shall demonstrate that the
written, reasoned determination by the applicable lead
agency fails to identify project-specific factors that
justify the designation, in accordance with section
12301(d)(3).
``(2) Documents and other information.--
``(A) In general.--A petition under this subtitle
shall include, as applicable to each claim asserted in
the petition--
``(i) all relevant agency correspondence
(including any application for an
authorization), deficiency notices, and
determinations relating to a notice of
initiation or project schedule for the
applicable covered energy project, if any;
``(ii) a copy of each final agency action,
authorization, record of decision,
environmental document, or order that is the
subject of the petition; and
``(iii) identification, to the maximum
extent practicable, of any records similar to
the records described in this subparagraph that
are unavailable to the petitioner and the
reasons for the unavailability.
``(B) Additional information.--A petition for
judicial review under this subtitle may include other
available relevant documents, such as expert reports,
economic analyses, or affidavits from personnel,
relating to--
``(i) the applicable covered energy
project;
``(ii) action or inaction by an applicable
agency; or
``(iii) harm suffered by the petitioner.
``(b) Naming of Respondents.--
``(1) In general.--In a petition under this subtitle
challenging the schedule for a covered energy project under
section 12301(c), or the designation of an authorization as a
complex authorization under section 12301(d)(3), the head of
the applicable lead agency shall be named as the respondent.
``(2) Other causes of action.--In a petition under this
subtitle relating to a cause of action not described in
paragraph (1), the head of the agency that carried out the
applicable final agency action, issued the applicable order or
directive, or is alleged to have unlawfully withheld or
unreasonably delayed action shall be named as the respondent.
``(c) Filing Dates.--
``(1) Final agency actions.--A petition under this subtitle
of a cause of action described in section 12401(a)(1) shall be
filed not later than 60 days after the date on which the
applicable agency action becomes final.
``(2) Failures to act.--A petition under this subtitle of a
cause of action described in section 12401(a)(2) may be filed
beginning on the day after the date of the applicable missed
deadline or milestone.
``(3) Subtitle f actions.--A petition under this subtitle
of a cause of action described in section 12401(a)(3) shall be
filed not later than 30 days after the date on which the
applicable order, directive, suspension, revocation, or other
action of an agency is issued or carried out.
``(d) Service.--The petitioner shall serve a petition under this
subtitle on--
``(1) the Attorney General of the United States;
``(2) the head of the lead agency with respect to the
covered energy project that is the subject of the petition; and
``(3) each cooperating agency identified under section
12301(c)(2) in the project schedule for the covered energy
project that is the subject of the petition.
``SEC. 12403. JUDICIAL REVIEW.
``(a) Venue.--
``(1) In general.--A petition under this subtitle may be
filed, at the election of the project sponsor, in--
``(A) the United States Court of Appeals for the
District of Columbia Circuit;
``(B) the United States court of appeals for the
circuit in which--
``(i) the covered energy project is
located; or
``(ii) the project sponsor has its
principal place of business; or
``(C) any United States district court that would
have jurisdiction under any other applicable law
(including any special statutory review provision) to
review the agency action, order, directive, or failure
to act that is the subject of the petition.
``(2) Exclusive jurisdiction.--
``(A) In general.--The reviewing court in which a
petition is filed under paragraph (1) shall have
exclusive jurisdiction over--
``(i) that petition; and
``(ii) any claim under this subtitle with
respect to the same cause of action described
in section 12401(a).
``(B) Consolidation.--If 1 or more petitions
concerning the same cause of action described in
section 12401(a) are filed in more than 1 reviewing
court, each later-filed petition shall be transferred
to the reviewing court in which the initial petition
was filed.
``(b) Representation of Respondents.--A respondent named under
section 12402(b) shall be represented in accordance with section 518(a)
of title 28, United States Code.
``(c) Standard of Review.--
``(1) In general.--The reviewing court shall conduct the
review of, and reach a decision regarding, a petition under
this subtitle in accordance with chapter 7 of title 5, United
States Code.
``(2) Administrative record.--
``(A) In general.--Judicial review of a petition
under this subtitle shall be based on an administrative
record compiled and certified by the head of the agency
named in the petition as the respondent under section
12402(b).
``(B) Multiple respondents.--If multiple agency
heads are named in a petition as respondents under
section 12402(b)--
``(i) each agency head shall compile and
certify the portions of the record within the
custody of that agency; and
``(ii) the lead agency, or such other
agency as the reviewing court may require,
shall assemble a consolidated record.
``(C) Failures to act.--The administrative record
relating to a petition under this subtitle for a cause
of action described in section 12401(a)(2) shall
include, as applicable--
``(i) the notice of initiation submitted
under section 12301(a);
``(ii) any completeness or deficiency
designation of that notice under section
12301(b);
``(iii) the project schedule published
under section 12301(c); and
``(iv) any other materials the reviewing
court determines to be necessary to resolve the
petition.
``(d) Additional Submissions.--In addition to the documents and
information required under section 12402(a)(2), a petitioner shall
submit to the reviewing court, in accordance with a schedule
established by the reviewing court, such other records and documents as
are reasonable and necessary for determination of the appropriate
remedy and the amount of compensation to be ordered.
``(e) Discovery and Record Development.--
``(1) In general.--There shall be no discovery in a
proceeding relating to a petition under this subtitle other
than such discovery as may be ordered by the reviewing court,
as the reviewing court determines to be reasonable and
necessary to determine the appropriate remedy and the amount of
compensation (including compensation for any violation of
section 12501) to be ordered.
``(2) Information, testimony, and documents.--The reviewing
court may require the submission of such information, the
testimony of such persons, and the production of such documents
as the reviewing court determines to be reasonable and
necessary for purposes of this subsection.
``SEC. 12404. EXPEDITED PROCEDURE; RELIEF; PENALTIES; APPEALS.
``(a) Expedited Procedure.--The reviewing court shall--
``(1) establish an expedited schedule for briefing and
disposition relating to a petition under this subtitle; and
``(2) absent extraordinary circumstances, issue a decision
with respect to a petition under this subtitle--
``(A) as expeditiously as practicable; but
``(B) not later than 120 days after the date on
which the petition is filed.
``(b) Available Relief.--
``(1) In general.--On a finding by a reviewing court that a
petitioner is entitled to relief under this subtitle, the
reviewing court shall grant such legal, equitable, and
administrative relief as the reviewing court determines to be
appropriate to effectuate the purposes of this title in
accordance with paragraph (2), subject to section 12501(b).
``(2) Actions by reviewing court.--A reviewing court that
makes a finding described in paragraph (1) shall--
``(A) hold unlawful and set aside any final agency
action found to be arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law;
``(B) remand each applicable matter to the
appropriate agency for further action in accordance
with the direction of the reviewing court, together
with a schedule and deadline for completion of those
actions, which deadline shall not exceed--
``(i) 180 days after the date on which the
judgment is issued; or
``(ii) such longer period to which the
project sponsor may agree;
``(C) in any case involving unlawful withholding or
unreasonable delay, issue an order that--
``(i) compels the appropriate agency to
act;
``(ii) specifies the date by which each
discrete action of the agency shall be
completed in order to finalize the agency
review and issue a final agency decision; and
``(iii) retains the jurisdiction of the
reviewing court to ensure compliance with the
order;
``(D) award to a project sponsor that prevails on a
claim of unreasonable delay under subtitle D reasonable
attorneys' fees and costs; and
``(E) for any action found to be in violation of
section 12501, award to the project sponsor just
compensation sufficient to remedy damages to the
project sponsor caused by the action.
``(c) Penalty for Noncompliance.--
``(1) Daily fee.--A reviewing court shall assess against
any agency found to have failed to comply with a schedule or
order issued by the reviewing court pursuant to subsection
(b)(2) a civil penalty in an amount equal to not less than
$1,000, but not more than $100,000, per day of noncompliance.
In determining the amount of the penalty within that range, the
reviewing court shall consider the extent to which the
noncompliance was within the reasonable control of the agency
and whether the agency acted with diligence and good faith. A
civil penalty assessed under this paragraph shall be payable
only from unobligated amounts available in the general
management account of the applicable agency, and no transfer or
payment may be made if that unobligated balance is zero or if
the transfer would reduce that unobligated balance to zero.
``(2) Deposit.--The amounts collected under this subsection
shall be deposited in the Permitting Performance Fund
established by section 12304(a).
``(d) Appeals.--
``(1) District court judgments.--If a petition under this
subtitle is filed in a United States district court pursuant to
section 12403(a)(1)(C), any party aggrieved by the judgment of
the district court may obtain review in the United States court
of appeals of competent jurisdiction under chapter 83 of title
28, United States Code, subject to the condition that a notice
of appeal shall be filed not later than 30 days after the date
of entry of the judgment.
``(2) Court of appeals original petitions.--If a petition
under this subtitle is filed in a United States court of
appeals pursuant to subparagraph (A) or (B) of section
12403(a)(1), further review shall be as otherwise provided by
law.
``SEC. 12405. ACCELERATION OF CERTAIN CLAIMS BY OTHER PERSONS.
``(a) Certain Civil Actions.--A civil action authorized by Federal
law seeking judicial review of a final agency action that constitutes
the issuance, approval, or adoption of a complex authorization for a
covered energy project may be brought in accordance with this section
by a person other than a project sponsor of the covered energy project.
``(b) Filing Deadline.--A civil action described in subsection (a)
shall be filed not later than the earlier of--
``(1) the date that is 150 days after--
``(A) the date on which the applicable lead agency
publishes in the Federal Register a notice of the
relevant final complex authorization; or
``(B) if publication described in subparagraph (A)
is not required by law, the date on which the lead
agency first makes a notice described in that
subparagraph publicly available; and
``(2) the applicable statutory deadline with respect to the
civil action.
``(c) Scope.--Judicial review of a civil action described in
subsection (a) shall be limited to the administrative record for the
complex authorization at issue.
``(d) Limited Vacatur and Injunctive Relief.--In a civil action
described in subsection (a), the court may--
``(1) remand the matter to the applicable agency for
further action in accordance with the direction of the court;
and
``(2) in addition to such a remand, vacate or enjoin all or
any part of a final agency action only if the court finds,
based on the administrative record and any additional evidence
properly before the court, that failure so to vacate or enjoin
would result in specific, imminent, and irreparable
environmental harm that cannot reasonably be avoided or
mitigated through narrower relief, an additional mitigation
measure, or expedited correction of the deficiency.
``(e) Effect of Section.--Nothing in this section limits the
ability of a project sponsor to bring a claim challenging an
authorization for a covered energy project.
``Subtitle F--Limiting Orders Against Fully Permitted Projects
``SEC. 12501. TREATMENT OF FULLY PERMITTED PROJECTS.
``(a) Definition of Fully Permitted Project.--In this section, the
term `fully permitted project' means a covered energy project that has
received a substantial majority of the authorizations required for the
covered energy project.
``(b) Prohibition.--No agency or Federal official shall issue any
order or directive terminating the construction or operation of a fully
permitted project, revoke any permit or authorization for a fully
permitted project, or take any other action to halt, suspend, delay, or
terminate an authorized activity carried out to support a fully
permitted project unless--
``(1) there exists--
``(A) a clear, immediate, and substantiated harm
for which the Federal order, directive, or action is
required to prevent, mitigate, or repair; and
``(B) no other viable alternative that would allow
a previously authorized activity, such as construction,
to continue; or
``(2)(A) an applicable authorization is illegal under
applicable Federal law; and
``(B) the Federal order, directive, or action is
the only available remedy to address that illegality.
``(c) Limitation on Petitions.--
``(1) In general.--No agency may petition a court for
voluntary remand of an authorization for a fully permitted
project that has received a record of decision unless the
project sponsor consents to the petition.
``(2) In-camera review.--As necessary, a court may review a
petition submitted under this subsection in camera.
``Subtitle G--Other Matters
``SEC. 12601. GOVERNMENT ACCOUNTABILITY OFFICE SURVEY AND REPORT.
``Not later than 180 days after the date of enactment of this
title, and not less frequently than annually thereafter, the
Comptroller General of the United States shall--
``(1) conduct a survey of industry satisfaction with the
Federal permitting process with respect to covered energy
projects, which shall--
``(A) include questions relating to--
``(i) related Federal staffing levels and
expertise;
``(ii) the costs of the permitting process;
and
``(iii) recommendations for improving the
permitting process; and
``(B) be carried out so as to accommodate any
industry group or individual that desires to comment
anonymously; and
``(2) 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 that includes--
``(A) an evaluation of the ability of agencies to
adhere to the deadlines under this title;
``(B) an evaluation of whether any energy source
has been unfairly treated, including through the
imposition of delays or added requirements, a lack of
communication, or any other action taken to
disadvantage the source in the permitting process,
subject to the condition that it shall not be
considered unfair treatment for purposes of this
subparagraph if--
``(i) an energy source is subject to
regulation or other measures due to a
difference inherent in a specific technology;
or
``(ii) an initiative is carried out to
improve service--
``(I) for an industry; or
``(II) at a field office of the
Department of Energy or the Department
of the Interior; and
``(C) a description of the results of the most
recent survey conducted under paragraph (1).''.
(b) Clerical Amendment.--The table of contents contained in section
101(b) of the Energy Act of 2020 (Public Law 116-260; 134 Stat. 2418)
is amended by adding at the end the following:
``TITLE XII--FIGHTING FOR RELIABLE ENERGY AND ENDING DOUBT FOR OPEN
MARKETS
``Subtitle A--Definitions
``Sec. 12001. Definitions.
``Subtitle B--Federal Land Energy and Mineral Reforms
``Sec. 12101. Accelerating Federal land rights-of-way for certain
covered energy projects.
``Subtitle C--De-Risking Compensation Program
``Sec. 12201. Definitions.
``Sec. 12202. Establishment; purposes.
``Sec. 12203. Enrollment.
``Sec. 12204. Compensation of enrolled project sponsors.
``Sec. 12205. De-Risking Compensation Fund.
``Subtitle D--Permitting Timelines and Performance Fund
``Sec. 12301. Notices of initiation; project schedules.
``Sec. 12302. Authorization deadlines.
``Sec. 12303. Reviewing court-approved contractors.
``Sec. 12304. Permitting Performance Fund.
``Sec. 12305. Effective date.
``Subtitle E--Expedited Judicial Review and Enforcement
``Sec. 12401. Causes of action.
``Sec. 12402. Petition requirements.
``Sec. 12403. Judicial review.
``Sec. 12404. Expedited procedure; relief; penalties; appeals.
``Sec. 12405. Acceleration of certain claims by other persons.
``Subtitle F--Limiting Orders Against Fully Permitted Projects
``Sec. 12501. Treatment of fully permitted projects.
``Subtitle G--Other Matters
``Sec. 12601. Government Accountability Office survey and report.''.
SEC. 4. GEOTHERMAL LEASING AND PERMITTING IMPROVEMENTS; PERMITTING
COMPLIANCE ON NON-FEDERAL LAND.
(a) Geothermal Leasing and Permitting Improvements.--
(1) Annual leasing.--Section 4(b) of the Geothermal Steam
Act of 1970 (30 U.S.C. 1003(b)) is amended--
(A) in paragraph (2), by striking ``every 2 years''
and inserting ``per year''; and
(B) by adding at the end the following:
``(5) Replacement sales.--If a lease sale under this
section for a year is cancelled or delayed--
``(A) the Secretary shall conduct a replacement
sale not later than 180 days after the date of the
cancellation or delay, as applicable; and
``(B) that replacement sale may not be cancelled or
delayed.''.
(2) Cost recovery authority.--Section 24 of the Geothermal
Steam Act of 1970 (30 U.S.C. 1023) is amended--
(A) by striking the section designation and all
that follows through ``(b) development'' in the second
sentence and inserting the following:
``SEC. 24. RULES AND REGULATIONS.
``(a) In General.--The Secretary shall prescribe such rules and
regulations as the Secretary determines to be appropriate to carry out
this Act.
``(b) Inclusions.--The regulations prescribed pursuant to
subsection (a) may include, without limitation, provisions relating
to--
``(1) the prevention of waste;
``(2) the development'';
(B) in subsection (b) (as so designated)--
(i) in paragraph (2) (as so designated), by
striking ``resources, (c) the'' and inserting
the following: ``resources;
``(3) the'';
(ii) in paragraph (3) (as so designated),
by striking ``interest, (d) assignment'' and
inserting the following: ``interest;
``(4) assignment'';
(iii) in paragraph (4) (as so designated),
by striking ``agreements, (e) compensatory''
and inserting the following: ``agreements;
``(5) compensatory'';
(iv) in paragraph (5) (as so designated),
by striking ``royalties, (f) the'' and
inserting the following: ``royalties;
``(6) the'';
(v) in paragraph (6) (as so designated), by
striking ``resources, (g) use'' and inserting
the following: ``resources;
``(7) the use'';
(vi) in paragraph (7) (as so designated),
by striking ``his lease, (h) the'' and
inserting the following: ``a lease;
``(8) the''; and
(vii) in paragraph (8) (as so designated),
by striking ``program, and (i) protection'' and
inserting the following: ``program; and
``(9) protection''; and
(C) by adding at the end the following:
``(c) Cost Recovery.--Not later than 180 days after the date of
enactment of the FREEDOM Act, the Secretary shall prescribe rules
pursuant to this section for cost recovery, to be paid by permit
applicants or lessees--
``(1) to facilitate the timely coordination and processing
of leases, permits, and authorizations; and
``(2) to reimburse the Secretary for all reasonable
administrative costs incurred from the inspection and
monitoring of activities carried out under the permit, lease,
or other authorization, as applicable.''.
(3) 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--
(A) surface exploration;
(B) geophysical exploration (including well
drilling);
(C) production well drilling; and
(D) use of geothermal resources (including power
plant construction).
(4) Geothermal production parity.--Section 390 of the
Energy Policy Act of 2005 (42 U.S.C. 15942) is amended--
(A) in subsection (a)--
(i) by striking ``(NEPA)'' and inserting
``(42 U.S.C. 4321 et seq.) (referred to in this
section as `NEPA')'';
(ii) by inserting ``(30 U.S.C. 181 et
seq.)'' after ``Mineral Leasing Act''; and
(iii) 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
(B) in subsection (b)--
(i) in paragraph (2), by striking ``oil or
gas'' and inserting ``oil, gas, or geothermal
resources''; and
(ii) in paragraph (3), by striking ``oil or
gas'' and inserting ``oil, gas, or geothermal
resources''.
(5) Geothermal ombudsman.--
(A) 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.
(B) Duties.--The Geothermal Ombudsman appointed
under paragraph (1) shall--
(i) 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;
(ii) provide dispute resolution services
between the individual field offices of the
Bureau of Land Management and applicants for
geothermal resource permits;
(iii) monitor and facilitate permit
processing practices and timelines across
individual field offices of the Bureau of Land
Management;
(iv) develop best practices for the
permitting and leasing process for geothermal
resources; and
(v) coordinate with the Federal Permitting
Improvement Steering Council.
(C) Report.--The Geothermal Ombudsman appointed
under paragraph (1) 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--
(i) describes the activities carried out by
the Geothermal Ombudsman during the preceding
year; and
(ii) evaluates the effectiveness of
geothermal permit processing during the
preceding year.
(b) Permitting Compliance on Non-Federal Land.--
(1) Certain oil and gas activities on non-federal
surface.--
(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 subparagraph (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 any action occurring within an oil and
gas drilling or spacing unit if--
(i) the Federal Government--
(I) owns fewer 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 drilling;
(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.
(B) State permits to drill and drilling plans.--For
each State permit to drill or drilling plan that would
impact or extract oil and gas owned by the Federal
Government--
(i) each lessee of Federal minerals in the
unit (or a designee) shall--
(I) 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
(II) provide to the Secretary of
the Interior a copy of the application
described in subclause (I) not later
than 5 days after the date on which the
permit or plan is submitted;
(ii) each lessee described in clause (i)
(or a designee), and each 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
(iii) as a condition of commencing drilling
operations, each lessee described in clause (i)
(or a designee) shall provide to the Secretary
of the Interior an agreement 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.--Subparagraph
(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 paragraph affects--
(i) 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
(ii) the amount of royalties due to the
Federal Government from the production of the
Federal minerals within an oil or gas drilling
or spacing unit.
(2) Permitting compliance for certain geothermal activities
on non-federal surface.--The Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.) is amended by adding at the end the
following:
``SEC. 30. NO FEDERAL DRILLING PERMIT REQUIRED FOR CERTAIN GEOTHERMAL
ACTIVITIES ON NON-FEDERAL SURFACE.
``(a) Prohibition.--The Secretary shall not require an operator to
obtain a Federal drilling permit or equivalent Federal drilling
approval for any geothermal exploration or production activity
conducted on a non-Federal surface estate, subject to the conditions
that--
``(1) the United States holds an ownership interest of less
than 50 percent of the subsurface geothermal estate to be
accessed by the proposed action; and
``(2) the operator shall submit to the Secretary a State
permit or other State authorization to conduct geothermal
exploration or production activities on the non-Federal surface
estate, in accordance with subsection (b).
``(b) State Permits and Authorizations.--
``(1) Application.--On submission to an applicable State by
an operator described in subsection (a) of an application for a
State permit or authorization described in subsection (a)(2),
the operator shall--
``(A) notify the Secretary of the submission; and
``(B) not later than 5 days after the date of the
submission, provide to the Secretary a copy of the
application.
``(2) Approval notice.--Not later than 45 days after the
date on which the State permit or other State authorization is
approved by the applicable State, the operator or the State
shall notify the Secretary of the approval.
``(3) Access agreements.--As a condition of commencing
operations under this section, an operator shall provide to the
Secretary an agreement authorizing the Secretary to enter non-
Federal land, as necessary for inspection and enforcement of
the terms of any applicable Federal geothermal lease, including
for production accountability and royalty verification.
``(c) Royalties and Production Accountability.--
``(1) Royalties.--Nothing in this section affects the
amount of royalties due to the United States under this Act
from the production or use of geothermal resources or
byproducts.
``(2) Inspections.--The Secretary may conduct onsite
reviews and inspections to ensure proper accountability,
measurement, and reporting of production and payment of
royalties under this Act.
``(d) Exceptions.--This section shall not apply to--
``(1) any action carried out on--
``(A) land located within the boundaries of an
Indian reservation, pueblo, or rancheria; or
``(B) land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to
which is held--
``(i) in trust by the United States for the
benefit of an Indian Tribe or an individual
Indian;
``(ii) by an Indian Tribe or an individual
Indian, subject to restriction against
alienation under laws of the United States; or
``(iii) by a dependent Indian community; or
``(2) any resource managed by the United States, in trust
for the benefit of an Indian Tribe.''.
(3) Authority on non-federal land for oil and gas leases.--
Section 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)) is
amended--
(A) by striking the subsection designation and all
that follows through ``Secretary of the Interior, or''
in the first sentence and inserting the following:
``(g) Regulation of Surface-Disturbing Activities.--
``(1) In general.--The Secretary of the Interior, or''; and
(B) by adding at the end the following:
``(2) Effect of mineral leasing act.--
``(A) In general.--In the case of an oil and gas
lease under the Mineral Leasing Act on land described
in subparagraph (B) that is 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) Description of land.--Land referred to in
subparagraph (A) is land with respect to which--
``(i) the Federal Government--
``(I) owns fewer 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 relevant action;
``(ii) a 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) a 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.
``(e) Definition of Operator.--In this section, the term `operator'
means any person that has taken responsibility in writing, submitted to
the Secretary, for geothermal exploration or production operations
conducted under a lease issued under this Act.''.
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