[Congressional Record Volume 168, Number 193 (Tuesday, December 13, 2022)]
[Senate]
[Pages S7137-S7145]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6513. Mr. SCHUMER (for Mr. Manchin) proposed an amendment to the 
bill H.R. 7776, to provide for improvements to the rivers and harbors 
of the United States, to provide for the conservation and development 
of water and related resources, and for other purposes; as follows:

       At the end, add the following:

                    DIVISION L--OTHER ENERGY MATTERS

       TITLE CXXI--BUILDING AMERICAN ENERGY SECURITY ACT OF 2022

     SEC. 12101. SHORT TITLE.

       This title may be cited as the ``Building American Energy 
     Security Act of 2022''.

                Subtitle A--Accelerating Agency Reviews

     SEC. 12111. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``agency'' means any agency, 
     department, or other unit of Federal, State, local, or Tribal 
     government.
       (2) Alaska native corporation.--The term ``Alaska Native 
     Corporation'' has the meaning given the term ``Native 
     Corporation'' in section 3 of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1602).
       (3) Authorization.--The term ``authorization'' means any 
     license, permit, approval, finding, determination, 
     interagency consultation, or other administrative decision 
     that is required or authorized under Federal law (including 
     regulations) to design, plan, site, construct, reconstruct, 
     or commence operations of a project, including any 
     authorization described in section 41001(3) of the FAST Act 
     (42 U.S.C. 4370m(3)).
       (4) Cooperating agency.--The term ``cooperating agency'' 
     means any Federal agency (and a State, Tribal, or local 
     agency if agreed on by the lead agency), other than a lead 
     agency, that has jurisdiction by law or special expertise 
     with respect to an environmental impact relating to a 
     project.
       (5) Environmental document.--The term ``environmental 
     document'' includes any of the following, as prepared under 
     NEPA:
       (A) An environmental assessment.
       (B) A finding of no significant impact.
       (C) An environmental impact statement.
       (D) A record of decision.
       (6) Environmental impact statement.--The term 
     ``environmental impact statement'' means the detailed 
     statement of environmental impacts of a project required to 
     be prepared under NEPA.
       (7) Environmental review process.--The term ``environmental 
     review process'' means the process for preparing an 
     environmental impact statement, environmental assessment, 
     categorical exclusion, or other document required to be 
     prepared to achieve compliance with NEPA, including pre-
     application consultation and scoping processes.
       (8) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 102 of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
       (9) Lead agency.--The term ``lead agency'', with respect to 
     a project, means--
       (A) the Federal agency preparing, or assuming primary 
     responsibility for, the authorization or review of the 
     project; and
       (B) if applicable, any State, local, or Tribal government 
     entity serving as a joint lead agency for the project.
       (10) NEPA.--The term ``NEPA'' means the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     (including NEPA implementing regulations).
       (11) NEPA implementing regulations.--The term ``NEPA 
     implementing regulations'' means the regulations in subpart A 
     of chapter V of title 40, Code of Federal Regulations (or 
     successor regulations).
       (12) Participating agency.--The term ``participating 
     agency'' means an agency participating in an environmental 
     review or authorization for a project.

[[Page S7138]]

       (13) Project sponsor.--The term ``project sponsor'' means 
     an entity, including any private, public, or public-private 
     entity, seeking an authorization for a project.

     SEC. 12112. STREAMLINING PROCESS FOR AUTHORIZATIONS AND 
                   REVIEWS OF ENERGY AND NATURAL RESOURCES 
                   PROJECTS.

       (a) Definitions.--In this section:
       (1) Categorical exclusion.--The term ``categorical 
     exclusion'' means a categorical exclusion within the meaning 
     of NEPA.
       (2) Major project.--The term ``major project'' means a 
     project--
       (A) for which multiple authorizations, reviews, or studies 
     are required under a Federal law other than NEPA; and
       (B) with respect to which the head of the lead agency has 
     determined that--
       (i) an environmental impact statement is required; or
       (ii) an environmental assessment is required, and the 
     project sponsor requests that the project be treated as a 
     major project.
       (3) Project.--The term ``project'' means a project--
       (A) proposed for the construction of infrastructure--
       (i) to develop, produce, generate, store, transport, or 
     distribute energy;
       (ii) to capture, remove, transport, or store carbon 
     dioxide; or
       (iii) to mine, extract, beneficiate, or process minerals; 
     and
       (B) that, if implemented as proposed by the project 
     sponsor, would be subject to the requirements that--
       (i) an environmental document be prepared; and
       (ii) the applicable agency issue an authorization of the 
     activity.
       (4) Secretary concerned.--The term ``Secretary concerned'' 
     means, as appropriate--
       (A) the Secretary of Agriculture, with respect to the 
     Forest Service;
       (B) the Secretary of Energy;
       (C) the Secretary of the Interior;
       (D) the Federal Energy Regulatory Commission;
       (E) the Secretary of the Army, with respect to the Corps of 
     Engineers; and
       (F) the Secretary of Transportation, with respect to the 
     Maritime Administration and the Pipeline and Hazardous 
     Materials Safety Administration.
       (b) Applicability.--
       (1) In general.--The project development procedures under 
     this section--
       (A) shall apply to--
       (i) all projects for which an environmental impact 
     statement is prepared;
       (ii) all major projects; and
       (iii) to the maximum extent practicable, projects described 
     in clause (i) or (ii) for which an authorization is being 
     sought or that are subject to an environmental review process 
     initiated prior to the date of enactment of this Act.
       (B) may be applied, as requested by a project sponsor and 
     to the extent determined appropriate by the Secretary 
     concerned, to other projects for which an environmental 
     document is prepared; and
       (C) shall not apply to--
       (i) any project subject to section 139 of title 23, United 
     States Code;
       (ii) any project that is a water resources development 
     project of the Corps of Engineers; or
       (iii) any authorization of the Corps of Engineers if that 
     authorization is for a project that alters or modifies a 
     water resources development project of the Corps of 
     Engineers.
       (2) Flexibility.--Any authority provided by this section 
     may be exercised, and any requirement established under this 
     section may be satisfied, for a project, class of projects, 
     or program of projects.
       (3) Savings provision.--Nothing in this section--
       (A) precludes the use of an authority provided under any 
     other provision of law, including for a covered project under 
     title XLI of the FAST Act (42 U.S.C. 4370m et seq.);
       (B) supersedes or modifies any applicable requirement, 
     authority, or agency responsibility provided under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) or any other provision of law; or
       (C) shall be considered an abbreviated authorization or 
     environmental review process for purposes of section 
     41001(6)(A)(i)(III) of the FAST Act (42 U.S.C. 
     4370m(6)(A)(i)(III)).
       (c) Lead Agencies.--
       (1) Joint lead agencies.--Nothing in this section precludes 
     an agency from serving as a joint lead agency for a project, 
     in accordance with NEPA.
       (2) Roles and responsibilities.--With respect to the 
     environmental review process for a project, the lead agency 
     shall have the authority and responsibility--
       (A) to take such actions as are necessary and appropriate 
     to facilitate the expeditious resolution of the environmental 
     review process for the project;
       (B) to prepare any required environmental impact statement 
     or other environmental document, or to ensure that such an 
     environmental impact statement or environmental document is 
     completed, in accordance with this section and applicable 
     Federal law;
       (C) not later than 45 days after the date of publication of 
     a notice of intent to prepare an environmental impact 
     statement, or the initiation of an environmental assessment, 
     as applicable, for a project--
       (i) to identify any other agencies that may have financing, 
     environmental review, authorization, or other 
     responsibilities with respect to the project;
       (ii) to invite the identified agencies to become 
     participating agencies in the environmental review process 
     for the project; and
       (iii) to establish, as part of the invitation, a deadline 
     for the submission of a response, which may be extended by 
     the lead agency for good cause;
       (D) to consider and respond to comments timely received 
     from participating agencies relating to matters within the 
     special expertise or jurisdiction of those agencies;
       (E) to consider, and, as appropriate, rely on, adopt, or 
     incorporate by reference, baseline data, analyses, and 
     documentation that have been prepared for the project under 
     the laws and procedures of a State or an Indian Tribe if the 
     lead agency determines that--
       (i) those laws and procedures are of equal or greater 
     rigor, as compared to each applicable Federal law and 
     procedure; and
       (ii) the baseline data, analysis, or documentation, as 
     applicable, was prepared under circumstances that allowed 
     for--

       (I) opportunities for public participation;
       (II) consideration of alternatives and environmental 
     consequences; and
       (III) other required analyses that are substantially 
     equivalent to the analyses that would have been prepared if 
     the baseline data, analysis, or documentation was prepared by 
     the lead agency pursuant to NEPA; and

       (F)(i) to ensure that the project sponsor complies with 
     design and mitigation commitments for the project made 
     jointly by the lead agency and the project sponsor; and
       (ii) to ensure that environmental documents are 
     appropriately supplemented if changes become necessary with 
     respect to the project.
       (d) Participating Agencies.--
       (1) Applicability.--
       (A) Inapplicability to covered projects.--The procedures 
     under this subsection shall not apply to a covered project 
     (as defined in section 41001 of the FAST Act (42 U.S.C. 
     4370m))--
       (i) for which a project initiation notice has been 
     submitted pursuant to section 41003(a) of that Act (42 U.S.C. 
     4370m-2(a)); and
       (ii) that is carried out in accordance with the procedures 
     described in that notice.
       (B) Designations for categories of projects.--The Secretary 
     concerned may exercise the authority under this subsection 
     with respect to--
       (i) a project;
       (ii) a class of projects; or
       (iii) a program of projects.
       (2) Federal participating agencies.--Any Federal agency 
     that is invited by a lead agency to participate in the 
     environmental review process for a project shall be 
     designated as a participating agency by the lead agency, 
     unless the invited agency informs the lead agency, in 
     writing, by the deadline specified in the invitation, that 
     the invited agency has no responsibility for or interest in 
     the project.
       (3) Federal cooperating agencies.--A Federal agency that 
     has not been invited by a lead agency to participate in the 
     environmental review process for a project, but that is 
     required to make an authorization or carry out an action for 
     a project, shall--
       (A) notify the lead agency of the financing, environmental 
     review, authorization, or other responsibilities of the 
     notifying Federal agency with respect to the project; and
       (B) work with the lead agency to ensure that the agency 
     making the authorization or carrying out the action is 
     treated as a cooperating agency for the project.
       (4) Responsibilities.--A participating agency participating 
     in the environmental review process for a project shall--
       (A) provide comments, responses, studies, or methodologies 
     relating to the areas within the special expertise or 
     jurisdiction of the agency; and
       (B) use the environmental review process to address any 
     environmental issues of concern to the agency.
       (5) Effect of designation.--
       (A) Requirement.--A participating agency for a project 
     shall comply with the applicable requirements of this 
     section.
       (B) No implication.--Designation as a participating agency 
     under this subsection shall not imply that the participating 
     agency--
       (i) has made a determination to support or deny any 
     project; or
       (ii) has any jurisdiction over, or special expertise with 
     respect to evaluation of, the applicable project.
       (6) Cooperating agency designation.--Any agency designated 
     as a cooperating agency shall also be designated by the 
     applicable lead agency as a participating agency under the 
     NEPA implementing regulations.
       (e) Coordination of Required Reviews; Environmental 
     Documents.--
       (1) In general.--The lead agency and each participating 
     agency for a project shall apply the requirements of section 
     41005 of the FAST Act (42 U.S.C. 4370m-4) to the project, 
     subject to the condition that any reference contained in that 
     section to a ``covered project'' shall be considered to be a 
     reference to the project under this section.
       (2) Single environmental document.--
       (A) In general.--Except as provided in subparagraph (C), to 
     the maximum extent practicable and consistent with Federal 
     law, to achieve compliance with NEPA, all Federal 
     authorizations and reviews that are necessary for a project 
     shall rely on a single environmental document for each type 
     of environmental document prepared under NEPA under the 
     leadership of the lead agency.
       (B) Use of document.--
       (i) In general.--To the maximum extent practicable, the 
     lead agency shall develop

[[Page S7139]]

     environmental documents sufficient to satisfy the NEPA 
     requirements for any authorization or other Federal action 
     required for the project.
       (ii) Cooperation of participating agencies.--Each 
     participating agency shall cooperate with the lead agency and 
     provide timely information to assist the lead agency to carry 
     out subparagraph (A).
       (C) Exceptions.--A lead agency may waive the application of 
     subparagraph (A) with respect to a project if--
       (i) the project sponsor requests that agencies issue 
     separate environmental documents;
       (ii) the obligations of a cooperating agency or 
     participating agency under NEPA have already been satisfied 
     with respect to the project; or
       (iii) the lead agency determines, and provides 
     justification in the coordination plan established under 
     subsection (g)(1), that multiple environmental documents are 
     more efficient for the environmental review process or 
     authorization process for the project.
       (D) Page limits.--
       (i) In general.--Notwithstanding any other provision of law 
     and except as provided in clause (ii), to the maximum extent 
     practicable, the text of the items described in paragraphs 
     (4) through (6) of section 1502.10(a) of title 40, Code of 
     Federal Regulations (or successor regulations), of an 
     environmental impact statement for a project shall be not 
     more than 150 pages.
       (ii) Exceptions.--The text described in clause (i)--

       (I) shall be not more than 300 pages in the case of a 
     proposal of unusual scope or complexity; and
       (II) may exceed 300 pages if the lead agency establishes a 
     new page limit for the environmental impact statement for 
     that project.

       (f) Errata for Environmental Impact Statements.--
       (1) In general.--In preparing a final environmental impact 
     statement for a project, if the lead agency modifies the 
     draft environmental impact statement in response to comments, 
     the lead agency may write on errata sheets attached to the 
     environmental impact statement in lieu of rewriting the draft 
     environmental impact statement, subject to the conditions 
     described in paragraph (2).
       (2) Conditions.--The conditions referred to in paragraph 
     (1) are as follows:
       (A) The comments to which the applicable modification 
     responds shall be minor.
       (B) The modifications shall be confined to--
       (i) minor factual corrections; or
       (ii) an explanation of the reasons why the comments do not 
     warrant additional response from the lead agency.
       (C) The errata sheets shall--
       (i) cite the sources, authorities, and reasons that support 
     the position of the lead agency; and
       (ii) if appropriate, indicate the circumstances that would 
     trigger reappraisal or further response by the lead agency.
       (3) Savings provision.--Nothing in this subsection 
     precludes a lead agency from responding to comments in a 
     final environmental impact statement in accordance with 
     procedures described in section 1503.4(c) of the NEPA 
     implementing regulations.
       (g) Coordination and Scheduling.--
       (1) Coordination plan.--
       (A) In general.--Except as provided in subparagraph (B), 
     not later than 90 days after the date of publication of a 
     notice of intent to prepare an environmental impact 
     statement, or the initiation of an environmental assessment, 
     as applicable, for a project, the lead agency shall establish 
     a plan for coordinating public and agency participation in, 
     and comment regarding, the environmental review process and 
     authorization decisions for the project or applicable 
     category of projects (referred to in this paragraph as the 
     ``coordination plan'').
       (B) Other date.--If the project sponsor requests the 
     establishment of a coordination plan for a project by a date 
     earlier than the deadline described in subparagraph (A), the 
     lead agency shall establish the coordination plan not later 
     than 90 days after the request is received by the head of the 
     lead agency.
       (C) Incorporation into memorandum.--A coordination plan may 
     be incorporated into a memorandum of understanding with the 
     project sponsor, lead agency, and any other appropriate 
     entity to accomplish the coordination activities described in 
     this subsection.
       (D) Schedule.--
       (i) In general.--As part of a coordination plan for a 
     project, the lead agency shall establish and maintain a 
     schedule for completion of the environmental review process 
     and authorization decisions for the project that--

       (I) includes the date of project initiation or earliest 
     Federal agency contact for the project, including any pre-
     application consultation;
       (II) includes any programmatic environmental document or 
     agreement that is a prerequisite or predecessor for the 
     environmental review process for the project;
       (III) includes--

       (aa) any Federal authorization, action required as part of 
     the environmental review process, consultation, or similar 
     process that is required through project completion;
       (bb) to the maximum extent practicable, any Indian Tribe, 
     Alaska Native Corporation, State, or local agency 
     authorization, review, consultation, or similar process; and
       (cc) a schedule for each authorization under item (aa) or 
     (bb), including any pre-application consultations, 
     applications, interim milestones, public comment periods, 
     draft decisions, final decisions, and final authorizations 
     necessary to begin construction; and

       (IV) is established--

       (aa) after consultation with, and the concurrence of, each 
     participating agency for the project; and
       (bb) with the participation of the project sponsor.
       (ii) Major project schedules.--To the maximum extent 
     practicable and consistent with applicable Federal law, in 
     the case of a major project, the lead agency shall develop, 
     with the concurrence of each participating agency for the 
     major project and in consultation with the project sponsor, a 
     schedule for the major project that is consistent with 
     completing--

       (I) the environmental review process--

       (aa) in the case of major projects for which the lead 
     agency determines an environmental impact statement is 
     required, not later than 2 years after the date of 
     publication by the lead agency of a notice of intent to 
     prepare an environmental impact statement to the record of 
     decision; and
       (bb) in the case of major projects for which the lead 
     agency determines an environmental assessment is required, 
     not later than 1 year after the date on which the head of the 
     lead agency determines that an environmental assessment is 
     required to a finding of no significant impact; and

       (II) any outstanding authorization required for project 
     construction not later than 150 days after the date of an 
     issuance of a record of decision or a finding of no 
     significant impact under subclause (I).

       (E) Factors for consideration.--In establishing a schedule 
     under subparagraph (D), a Federal lead agency shall consider 
     factors such as--
       (i) the responsibilities of participating agencies or 
     cooperating agencies under applicable law;
       (ii) resources available to the participating agencies or 
     cooperating agencies;
       (iii) the overall size and complexity of the project;
       (iv) the overall time required by an agency to conduct the 
     environmental review process and make decisions under 
     applicable Federal law relating to a project (including the 
     issuance or denial of a permit or license);
       (v) the cost of the project;
       (vi) the sensitivity of the natural and historic resources 
     that could be affected by the project; and
       (vii) timelines and deadlines established in this section 
     and other applicable law.
       (F) Modifications.--
       (i) In general.--Except as provided in clause (iii), the 
     lead agency may lengthen--

       (I) a schedule established for a project under subparagraph 
     (D) for good cause, in accordance with clause (ii); or
       (II) shorten a schedule established for a project under 
     subparagraph (D) if the lead agency has--

       (aa) good cause; and
       (bb) the concurrence of the project sponsor and any 
     participating agencies.
       (ii) Good cause.--Good cause to lengthen a schedule under 
     clause (i)(I) may include--

       (I) Federal law prohibiting the lead agency or another 
     agency from issuing an approval or permit within the period 
     required under subparagraph (D);
       (II) a request from the project sponsor that the permit or 
     approval follow a different timeline; or
       (III) a determination by the lead agency, with the 
     concurrence of the project sponsor, that an extension would 
     facilitate completion of the environmental review process and 
     authorization process of the project.

       (iii) Exceptions.--

       (I) Shortening of time period.--A lead agency may not 
     shorten a schedule under clause (i)(II) if shortening the 
     schedule would impair the ability of a participating agency--

       (aa) to conduct any necessary analysis; or
       (bb) to otherwise carry out any relevant obligation of the 
     participating agency for the project.

       (II) Major projects.--In the case of a major project, the 
     lead agency may lengthen a schedule for a project under 
     subparagraph (D) for a Federal participating agency by not 
     more than 1 year after the latest deadline established for 
     the major project by the lead agency.
       (III) Coordination plans prior to notice of intent.--In the 
     case of a schedule established for a project under 
     subparagraph (D) prior to the publication of a notice of 
     intent, the lead agency may adjust the schedule, with the 
     concurrence of participating agencies and the participation 
     of the project sponsor, until the date of publication of the 
     notice of intent.

       (G) Failure to meet schedule or deadline.--If a 
     participating Federal agency fails to meet a schedule or 
     deadline established under subparagraph (D), not later than 
     30 days after the missed schedule or deadline, the 
     participating Federal agency shall--
       (i) notify--

       (I) the Director of the Office of Management and Budget;
       (II) the Executive Director of the Federal Permitting 
     Improvement Steering Council;
       (III) the Secretary concerned;
       (IV) the Committee on Energy and Natural Resources of the 
     Senate;
       (V) the Committee on Environment and Public Works of the 
     Senate;
       (VI) the Committee on Natural Resources of the House of 
     Representatives; and

[[Page S7140]]

       (VII) the Committee on Energy and Commerce of the House of 
     Representatives; and

       (ii) include in the notifications under clause (i)--

       (I) a description of the cause for the failure; and
       (II) a new schedule or deadline agreed on by the project 
     sponsor, the lead agency, and cooperating agencies.

       (H) Dissemination.--A copy of a schedule for a project 
     under subparagraph (D), and any modifications to such a 
     schedule, shall be--
       (i) provided to--

       (I) all participating agencies; and
       (II) the project sponsor; and

       (ii) in the case of a schedule for a major project under 
     that subparagraph, made available to the public pursuant to 
     subsection (l).
       (I) No delay in decisionmaking.--No agency shall seek to 
     encourage a sponsor of a project to withdraw or resubmit an 
     application to delay decisionmaking within the timelines 
     under this subsection.
       (2) Comment deadlines.--The lead agency shall establish the 
     following deadlines for comment during the environmental 
     review process for a project:
       (A) For comments by agencies and the public on a draft 
     environmental impact statement, a period of not more than 60 
     days after publication in the Federal Register of a notice of 
     the date of public availability of the draft, unless--
       (i) a different deadline is established by agreement of the 
     lead agency, the project sponsor, and all participating 
     agencies; or
       (ii) the deadline is extended by the lead agency for good 
     cause, together with a documented and publicly available 
     explanation of the need for an extended comment period.
       (B) For all other comment periods established by the lead 
     agency for agency or public comment for a Federal 
     authorization or in the environmental review process, a 
     period of not more than 45 days beginning on the first date 
     of availability of the materials regarding which comment is 
     requested, unless a different deadline of not more than 60 
     days is established by agreement of the lead agency and all 
     participating agencies, in consultation with the project 
     sponsor.
       (3) Public involvement.--Nothing in this section--
       (A) reduces any time period provided for--
       (i) public comment in the environmental review process; or
       (ii) an authorization for a project under applicable 
     Federal law;
       (B) creates a requirement for an additional public comment 
     opportunity in addition to any public comment opportunity 
     required for a project under applicable Federal law; or
       (C) creates a new requirement for public comment on a 
     project for which an environmental assessment is being 
     prepared.
       (4) Categorical exclusions.--Nothing in this subsection 
     affects or creates new requirements for a project or activity 
     that is eligible for a categorical exclusion.
       (5) Deadline enforcement.--
       (A) Definition of applicable deadline.--In this paragraph, 
     the term ``applicable deadline'' means a deadline--
       (i) for the environmental review process for a major 
     project required under paragraph (1)(D)(ii)(I);
       (ii) for a decision on an authorization for a major project 
     required under paragraph (1)(D)(ii)(II); or
       (iii) described in clause (i) or (ii) that has been 
     modified under paragraph (1)(F).
       (B) Petition to court.--A project sponsor may obtain a 
     review of an alleged failure by a Federal agency, or a State 
     agency acting pursuant to Federal law, to act in accordance 
     with an applicable deadline under this section by filing a 
     written petition with a court of competent jurisdiction 
     seeking an order under subparagraph (C).
       (C) Court order.--If a court of competent jurisdiction 
     finds that a Federal agency, or a State agency acting 
     pursuant to Federal law, has failed to act in accordance with 
     an applicable deadline, the court shall set a schedule and 
     deadline for the agency to act as soon as practicable, which 
     shall not exceed 90 days from the date on which the order of 
     the court is issued, unless the court determines a longer 
     time period is necessary to comply with applicable law.
       (D) Jurisdiction.--The United States Court of Appeals for 
     the District of Columbia shall have original jurisdiction 
     over any civil action brought pursuant to subparagraph (B), 
     in addition to any court of competent jurisdiction under any 
     other Federal law.
       (E) Expedited consideration.--A court of competent 
     jurisdiction shall set for expedited consideration any action 
     brought under this subsection.
       (h) Issue Identification and Resolution.--
       (1) Cooperation.--The lead agency and each participating 
     agency shall work cooperatively in accordance with this 
     section to facilitate the timely completion of the 
     environmental review and authorization process by identifying 
     and resolving issues that could--
       (A) delay final decisionmaking for any authorization for a 
     project;
       (B) delay completion of the environmental review process 
     for a project; or
       (C) result in the denial of any authorization required for 
     the project under applicable law.
       (2) Accelerated issue resolution and referral.--
       (A) In general.--A participating agency, project sponsor, 
     or the Governor of a State in which a project is located may 
     request an issue resolution meeting to resolve issues 
     relating to a project that could--
       (i) delay final decisionmaking for any authorization for a 
     project;
       (ii) significantly delay completion of the environmental 
     review process for a project; or
       (iii) result in the denial of any authorization required 
     for the project under applicable law.
       (B) Initial meeting.--Not later than 30 days after the date 
     of receipt of a request under subparagraph (A), the lead 
     agency shall convene an issue resolution meeting, which shall 
     include--
       (i) the relevant participating agencies;
       (ii) the project sponsor; and
       (iii) the Governor of a State in which the project is 
     located, if the Governor requested the issue resolution 
     meeting under that subparagraph.
       (C) Elevation.--If issue resolution is not achieved by 30 
     days after the date of the initial meeting under subparagraph 
     (B), the issue shall be elevated to the head of the lead 
     agency, who shall--
       (i) notify--

       (I) the heads of the relevant participating agencies;
       (II) the project sponsor; and
       (III) the Governor of a State in which the project is 
     located, if the Governor requested the issue resolution 
     meeting under subparagraph (A); and

       (ii) convene a leadership issue resolution meeting not 
     later than 90 days after the date of the initial meeting 
     under subparagraph (B) with--

       (I) the heads of the relevant participating agencies, 
     including any relevant Secretaries;
       (II) the project sponsor; and
       (III) the Governor of a State in which the project is 
     located, if the Governor requested the issue resolution 
     meeting under subparagraph (A).

       (D) Convention by lead agency.--A lead agency may convene 
     an issue resolution meeting at any time to resolve issues 
     relating to an authorization or environmental review process 
     for a project, without the request of a participating agency, 
     project sponsor, or the Governor of a State in which the 
     project is located.
       (E) Referral of issue resolution for major projects to 
     council on environmental quality.--
       (i) In general.--If issue resolution for a major project is 
     not achieved by 30 days after the date on which a leadership 
     issue resolution meeting is convened under subparagraph (C), 
     the head of the lead agency shall refer the matter to the 
     Council on Environmental Quality.
       (ii) Meeting.--Not later than 30 days after the date of 
     receipt of a referral from the head of the lead agency under 
     clause (i), the Council on Environmental Quality shall 
     convene an issue resolution meeting with--

       (I) the head of the lead agency;
       (II) the heads of relevant participating agencies;
       (III) the project sponsor; and
       (IV) the Governor of a State in which the major project is 
     located, if the Governor requested the issue resolution 
     meeting under subparagraph (A).

       (F) Consistency with other law.--An agency shall implement 
     the requirements of this paragraph--
       (i) unless doing so would prevent the compliance of the 
     agency with existing law; and
       (ii) consistent with, to the maximum extent permitted by 
     law, any dispute resolution process established in an 
     applicable law, regulation, or legally binding agreement.
       (G) Effect of paragraph.--Nothing in this paragraph limits 
     the application of section 41003 of the FAST Act (42 U.S.C. 
     4370m-2) to a covered project (as defined in section 41001 of 
     that Act (42 U.S.C. 4370m)) that is a project subject to the 
     requirements of this section, including with respect to 
     dispute resolution procedures regarding a permitting 
     timetable.
       (i) Enhanced Technical Assistance From Lead Agency.--
       (1) Definition of covered project.--In this subsection, the 
     term ``covered project'' means a project--
       (A) that has a pending environmental review or 
     authorization under NEPA; and
       (B) for which the lead agency determines a delay to the 
     schedule established under subsection (g) is likely.
       (2) Technical assistance.--At the request of a project 
     sponsor, participating agency, or the Governor of a State in 
     which a covered project is located, the head of the lead 
     agency may provide technical assistance to resolve any 
     outstanding issues that are resulting in project delay for 
     the covered project, including by--
       (A) providing additional staff, training, and expertise;
       (B) facilitating interagency coordination;
       (C) promoting more efficient collaboration; and
       (D) supplying specialized onsite assistance.
       (3) Scope of work.--In providing technical assistance for a 
     covered project under this subsection, the head of the lead 
     agency shall establish a scope of work that describes the 
     actions that the head of the lead agency will take to resolve 
     the outstanding issues and project delays.
       (4) Consultation.--In providing technical assistance for a 
     covered project under this subsection, the head of the lead 
     agency shall consult, if appropriate, with participating 
     agencies on all methods available to resolve any outstanding 
     issues and project delays for

[[Page S7141]]

     a covered project as expeditiously as practicable.
       (j) Judicial Review.--Except as provided in subsection (k), 
     nothing in this section affects the reviewability of any 
     final Federal agency action in a court of--
       (1) the United States; or
       (2) any State.
       (k) Efficiency of Claims.--
       (1) Statute of limitations.--Notwithstanding any other 
     provision of law, a claim arising under Federal law seeking 
     judicial review of an authorization issued or denied by a 
     Federal agency for a project shall be barred unless the claim 
     is filed by 150 days after the later of the date on which the 
     authorization is final in accordance with the law under which 
     the agency action is taken and the date of publication of a 
     notice that the environmental document is final in accordance 
     with NEPA, unless a shorter time is specified in the Federal 
     law pursuant to which judicial review is allowed.
       (2) Expedited review.--A court of competent jurisdiction 
     shall set for expedited consideration any claim arising under 
     Federal law seeking judicial review of an authorization 
     issued or denied by a Federal agency, or a State agency 
     acting pursuant to Federal law, for a project.
       (3) Remanded actions.--
       (A) In general.--If a court of competent jurisdiction 
     remands a final Federal agency action for a project to the 
     Federal agency, the court shall set a reasonable schedule and 
     deadline for the agency to act on remand, which shall not 
     exceed 180 days from the date on which the order of the court 
     was issued, unless a longer time period is necessary to 
     comply with applicable law.
       (B) Expedited treatment of remanded actions.--The head of 
     the Federal agency to which a court remands a final Federal 
     agency action under subparagraph (A) shall take such actions 
     as may be necessary to provide for the expeditious 
     disposition of the action on remand in accordance with the 
     schedule and deadline set by the court under that 
     subparagraph.
       (4) Random assignment of cases.--To the maximum extent 
     practicable, district courts of the United States and courts 
     of appeals of the United States shall randomly assign cases 
     seeking judicial review of any authorization issued by a 
     Federal agency for a project to judges appointed, designated, 
     or assigned to sit as judges of the court in a manner to 
     avoid the appearance of favoritism or bias.
       (5) Effect of subsection.--Nothing in this subsection--
       (A) establishes a right to judicial review; or
       (B) places any limit on filing a claim that a person has 
     violated the terms of an authorization.
       (6) Treatment of supplemental or revised environmental 
     documents.--With respect to a project--
       (A) the preparation of a supplemental or revised 
     environmental document for the project, when required, shall 
     be considered to be a separate final agency action for 
     purposes of the deadline under subparagraph (B); and
       (B) the deadline for filing a claim for judicial review of 
     that action shall be the date that is 150 days after the date 
     of publication of a notice in the Federal Register announcing 
     the final agency action, unless a shorter time is specified 
     in the Federal law pursuant to which judicial review is 
     authorized.
       (l) Improving Transparency in Project Status.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary concerned shall--
       (A) use the searchable Internet website maintained under 
     section 41003(b) of the FAST Act (42 U.S.C. 4370m-2(b)) to 
     make publicly available--
       (i) the status, schedule, and progress of each major 
     project, including a project for which an authorization is 
     being sought or that is subject to an environmental review 
     process initiated prior to the date of enactment of this Act, 
     with respect to compliance with the applicable requirements 
     of NEPA, any authorization, and any other Indian Tribe, 
     State, or local agency authorization required for the major 
     project; and
       (ii) a list of the participating agencies for each major 
     project; and
       (B) establish such reporting standards as are necessary to 
     meet the requirements of subparagraph (A), which shall 
     include requirements--
       (i) to track major projects from initiation through the 
     date that final authorizations required to begin construction 
     are issued or the major project is withdrawn; and
       (ii) to update the status, schedule, and progress of major 
     projects to reflect any changes to the project status or 
     schedule, including changes resulting from litigation 
     (including any injunctions, vacatur of authorizations, and 
     timelines for any additional authorization or environmental 
     review process that is required as a result of litigation).
       (2) Federal, state, and local agency participation.--
       (A) Federal agencies.--A Federal agency participating in 
     the environmental review process or authorization process for 
     a major project shall provide to the Secretary concerned 
     information relating to the status and progress of the 
     authorization of the major project for publication on the 
     Internet website referred to in paragraph (1)(A), consistent 
     with the standards established under paragraph (1)(B).
       (B) State and local agencies.--The Secretary concerned 
     shall encourage State and local agencies participating in the 
     environmental review process or authorization process for a 
     major project to provide information relating to the status 
     and progress of the authorization of the major project for 
     publication on the Internet website referred to in paragraph 
     (1)(A).
       (m) Accountability and Reporting for Major Projects.--Each 
     Secretary concerned shall--
       (1) not later than 1 year after the date of enactment of 
     this Act, establish a performance accountability system for 
     the agency represented by the Secretary concerned; and
       (2) on establishment of the performance accountability 
     system under paragraph (1), and not less frequently than 
     annually thereafter, publish a report describing performance 
     accountability for each major project authorization and 
     review conducted during the preceding year by the agency 
     represented by the Secretary concerned, including--
       (A) for each major project for which that agency serves as 
     a lead agency or a participating agency, the extent to which 
     the agency is achieving compliance with each schedule 
     established under this section for an authorization, 
     environmental review process, or consultation;
       (B) for each major project for which that agency serves as 
     a lead agency, information regarding the average time 
     required to complete each applicable authorization and the 
     environmental review process; and
       (C) for each major project for which that agency serves as 
     a participating agency with jurisdiction over an 
     authorization, information regarding the average time 
     required to complete the authorization process.
       (n) Programmatic Compliance.--
       (1) In general.--The Secretary concerned shall allow for 
     the use of programmatic approaches to conduct environmental 
     reviews that--
       (A) eliminate repetitive discussions of the same issue;
       (B) focus on the issues ripe for analysis at each level of 
     review; and
       (C) are consistent with--
       (i) NEPA; and
       (ii) other applicable laws.
       (2) Requirements.--In carrying out this subsection, each 
     lead agency shall ensure that programmatic approaches to 
     conduct environmental review processes--
       (A) promote transparency, including the transparency of--
       (i) the analyses and data used in the environmental review 
     process;
       (ii) the treatment of any deferred issues raised by 
     agencies or the public; and
       (iii) the temporal and spatial scales to be used to analyze 
     issues under clauses (i) and (ii);
       (B) use accurate and timely information, including through 
     the establishment of--
       (i) criteria for determining the general duration of the 
     usefulness of the environmental review process; and
       (ii) a timeline for updating any out-of-date environmental 
     review process;
       (C) describe--
       (i) the relationship between any programmatic analysis and 
     future tiered analysis; and
       (ii) the role of the public in the creation of future 
     tiered analyses;
       (D) are available to other relevant Federal and State 
     agencies, Indian Tribes, Alaska Native Corporations, and the 
     public; and
       (E) provide notice and public comment opportunities 
     consistent with applicable requirements.
       (o) Development of Categorical Exclusions.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and not less frequently than once 
     every 4 years thereafter, each Secretary concerned, in 
     consultation with the Chair of the Council on Environmental 
     Quality, shall--
       (A) in consultation with the other agencies described in 
     paragraph (2), as applicable, identify each categorical 
     exclusion available to such an agency that would accelerate 
     delivery of a project if the categorical exclusion was 
     available to the Secretary concerned; and
       (B) collect existing documentation and substantiating 
     information relating to each categorical exclusion identified 
     under subparagraph (A).
       (2) Description of agencies.--The agencies referred to in 
     paragraph (1) are--
       (A) the Department of Agriculture;
       (B) the Department of the Army;
       (C) the Department of Commerce;
       (D) the Department of Defense;
       (E) the Department of Energy;
       (F) the Department of the Interior;
       (G) the Federal Energy Regulatory Commission; and
       (H) any other Federal agency that has participated in an 
     environmental review process for a project, as determined by 
     the Chair of the Council on Environmental Quality.
       (3) Adoption of categorical exclusions.--Not later than 1 
     year after the date on which categorical exclusions are 
     identified under paragraph (1)(A), each Secretary concerned 
     shall--
       (A) determine whether any such categorical exclusion meets 
     the applicable criteria for a categorical exclusion under--
       (i) the NEPA implementing regulations; and
       (ii) any relevant regulations of the agency represented by 
     the Secretary concerned; and

[[Page S7142]]

       (B) publish a notice of proposed rulemaking to propose the 
     adoption of any identified categorical exclusion that--
       (i) is applicable to the agency represented by the 
     Secretary concerned; and
       (ii) meets the applicable criteria described in 
     subparagraph (A).
       (p) Additions to Categorical Exclusions.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and not later than 5 years thereafter, 
     each Secretary concerned shall--
       (A) conduct a survey regarding the use by the agency 
     represented by the Secretary concerned of categorical 
     exclusions for projects during the 5-year period preceding 
     the date of the survey;
       (B) publish a review of the survey under subparagraph (A) 
     that includes a description of--
       (i) the types of actions eligible for each categorical 
     exclusion covered by the survey; and
       (ii) any requests previously received by the Secretary 
     concerned for new categorical exclusions; and
       (C) solicit requests for new categorical exclusions.
       (2) New categorical exclusions.--Not later than 120 days 
     after the date of a solicitation of requests under paragraph 
     (1)(C), the Secretary concerned shall publish a notice of 
     proposed rulemaking to propose the adoption of any such new 
     categorical exclusions, to the extent that the categorical 
     exclusions meet the applicable criteria for a categorical 
     exclusions under--
       (A) the NEPA implementing regulations; and
       (B) any relevant regulations of the agency represented by 
     the Secretary concerned.

     SEC. 12113. PRIORITIZING ENERGY PROJECTS OF STRATEGIC 
                   NATIONAL IMPORTANCE.

       (a) Definitions.--In this section:
       (1) Critical mineral.--The term ``critical mineral'' has 
     the meaning given the term in section 7002(a) of the Energy 
     Act of 2020 (30 U.S.C. 1606(a)).
       (2) Designated project.--The term ``designated project'' 
     means an energy project of strategic national importance 
     designated for priority Federal review under subsection (b).
       (b) Designation of Projects.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the President, in consultation with 
     the Secretary of Energy, the Secretary of the Interior, the 
     Administrator of the Environmental Protection Agency, the 
     Federal Energy Regulatory Commission, and the heads of any 
     other relevant Federal departments or agencies, as determined 
     by the President, shall--
       (A) designate 25 energy projects of strategic national 
     importance for priority Federal review, in accordance with 
     this section; and
       (B) publish a list of those designated projects in the 
     Federal Register.
       (2) Updates.--Not later than 180 days after the date on 
     which the President publishes the list under paragraph 
     (1)(B), and every 180 days thereafter during the 10-year 
     period beginning on that date, the President shall publish an 
     updated list, which shall--
       (A) include not less than 25 designated projects; and
       (B) include each previously designated project until--
       (i) a final decision has been issued for each authorization 
     for the designated project; or
       (ii) the project sponsor withdraws its request for 
     authorization.
       (3) Project types; first 7 years.--During the 7-year period 
     beginning on the date on which the President publishes the 
     list under paragraph (1)(B), of the list of designated 
     projects maintained on an ongoing basis pursuant to this 
     subsection, not fewer than--
       (A) 5 shall be projects for the mining, extraction, 
     beneficiation, or processing of critical minerals--
       (i) of which not fewer than 3 shall include new mining or 
     extraction of critical minerals; and
       (ii) for which critical mineral production may occur as a 
     byproduct;
       (B) 7 shall be projects--
       (i) to generate electricity or store energy without the use 
     of fossil fuels; or
       (ii) to manufacture clean energy equipment;
       (C) 6 shall be projects to produce, process, transport, or 
     store fossil fuel products, or biofuels, including projects 
     to export or import those products from nations described in 
     subsection (c)(3)(A)(vi);
       (D) 3 shall be electric transmission projects or projects 
     using grid-enhancing technology;
       (E) 2 shall be projects to capture, transport, or store 
     carbon dioxide, which may include the utilization of captured 
     or displaced carbon dioxide emissions; and
       (F) 2 shall be a project to produce, transport, or store 
     clean hydrogen, including projects to export or import those 
     products from nations described in subsection (c)(3)(A)(vi).
       (4) Project types; phase-down.--During the 3-year period 
     beginning 7 years after the date on which the President 
     publishes the list under paragraph (1)(B), of the list of 
     designated projects maintained on an ongoing basis pursuant 
     to this subsection, not fewer than--
       (A) 2 shall be projects for the mining, extraction, 
     beneficiation, or processing of critical minerals;
       (B) 3 shall be projects described in paragraph (3)(B);
       (C) 3 shall be projects described in paragraph (3)(C);
       (D) 1 shall be a project described in paragraph (3)(D);
       (E) 1 shall be a project described in paragraph (3)(E); and
       (F) 1 shall be a project described in paragraph (3)(F).
       (5) List of projects meeting each category threshold; 
     insufficient applications.--
       (A) In general.--Subject to subparagraph (B), during the 
     10-year period beginning on the date on which the President 
     publishes the list under paragraph (1)(B), the President 
     shall maintain a list of designated projects that meet the 
     minimum threshold for the applicable category of projects 
     under each subparagraph of paragraph (3) or (4), as 
     applicable.
       (B) Insufficient applications.--If the number of 
     applications submitted that meet the requirements for a 
     designated project for a category of projects under a 
     subparagraph of paragraph (3) or (4), as applicable, is not 
     sufficient to meet the minimum threshold under that 
     subparagraph, the President shall designate the maximum 
     number of applications submitted that meet the requirements 
     for a designated project for the applicable category until a 
     sufficient number of applications meeting the requirements 
     for a designated project for such category has been 
     submitted.
       (c) Selection and Priority Requirements.--
       (1) In general.--The President shall carry out subsection 
     (b) based on a review of applications for authorizations or 
     other reviews submitted to the Corps of Engineers, the 
     Department of Defense, the Department of Energy, the 
     Department of the Interior, the Environmental Protection 
     Agency, the Forest Service, the Federal Energy Regulatory 
     Commission, the Nuclear Regulatory Commission, the Maritime 
     Administration, the Pipeline and Hazardous Materials Safety 
     Administration, and the Federal Permitting Improvement 
     Steering Council.
       (2) Requirement.--The President shall designate under 
     subsection (b) only projects that the President determines 
     are likely--
       (A) to require an environmental assessment or environmental 
     impact statement under NEPA;
       (B) to require review by more than 2 Federal or State 
     agencies;
       (C) to have a total project cost of more than $250,000,000; 
     and
       (D) to have sufficient financial support from the project 
     sponsor to ensure project completion.
       (3) Priority.--
       (A) In general.--In considering projects to designate under 
     subsection (b), the President shall give priority to projects 
     the completion of which will significantly advance 1 or more 
     of the following objectives:
       (i) Reducing energy prices in the United States.
       (ii) Reducing greenhouse gas emissions.
       (iii) Improving electric reliability in North America.
       (iv) Advancing emerging energy technologies.
       (v) Improving the domestic supply chains for, and 
     manufacturing of, energy products, energy equipment, and 
     critical minerals.
       (vi) Increasing energy trade between the United States 
     and--

       (I) nations that are signatories to free trade agreements 
     with the United States that cover the trade of energy 
     products;
       (II) members of the North Atlantic Treaty Organization;
       (III) members of the Organization for Economic Cooperation 
     and Development;
       (IV) nations with a transmission system operator that is 
     included in the European Network of Transmission System 
     Operators for Electricity, including as an observer member; 
     or
       (V) any other country designated as an ally or partner 
     nation by the President for purposes of this section.

       (vii) Reducing the reliance of the United States on the 
     supply chains of foreign entities of concern (as defined in 
     section 40207(a) of the Infrastructure Investment and Jobs 
     Act (42 U.S.C. 18741(a))).
       (viii) To the extent practicable, minimizing development 
     impacts through the use of existing--

       (I) rights-of-way;
       (II) facilities; or
       (III) other infrastructure.

       (ix) Creating jobs--

       (I) with wages at rates not less than those prevailing on 
     similar projects in the locality, as determined by the 
     Secretary of Labor in accordance with subchapter IV of 
     chapter 31 of title 40, United States Code (commonly referred 
     to as the ``Davis-Bacon Act''); and
       (II) with consideration of the magnitude and timing of the 
     direct and indirect employment impacts of carrying out the 
     project.

       (B) Other priority.--In considering projects to designate 
     for the category of projects described in subsection 
     (b)(3)(C), in addition to the priorities specified in 
     subparagraph (A), the President shall give priority to 
     projects the completion of which will significantly reduce 
     greenhouse gas emissions.
       (d) Reviews of Designated Projects.--
       (1) In general.--The President shall, in consultation with 
     the applicable department and agency heads, the Director of 
     the Office of Management and Budget, the Chair of the Council 
     on Environmental Quality, and the

[[Page S7143]]

     Federal Permitting Improvement Steering Council, direct 
     Federal agencies through executive order to prioritize the 
     completion of the environmental review process and decisions 
     on authorizations for designated projects.
       (2) Timelines.--To the maximum extent practicable and 
     consistent with applicable Federal law, the President shall 
     complete--
       (A) the environmental review process--
       (i) in the case of a designated project for which the lead 
     agency determines an environmental impact statement is 
     required, not later than 2 years after the date of 
     publication by the lead agency of a notice of intent to 
     prepare an environmental impact statement to the record of 
     decision; and
       (ii) in the case of a designated project for which the lead 
     agency determines an environmental assessment is required, 
     not later than 1 year after the date on which the head of the 
     lead agency determines that an environmental assessment is 
     required to a finding of no significant impact; and
       (B) decisions on any outstanding authorization required for 
     project construction within 180 days of the issuance of a 
     record of decision or finding of no significant impact under 
     subparagraph (A).
       (3) Streamlining review process.--A designated project 
     shall be considered a major project (as defined in section 
     12112(a)) subject to the requirements of that section.
       (e) NEPA.--
       (1) In general.--Nothing in this section supersedes or 
     modifies any applicable requirement, authority, or agency 
     responsibility provided under NEPA.
       (2) Designation of projects.--The act of designating a 
     project under subsections (b) and (c) shall not be subject to 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.).
       (f) Report.--Not later than 180 days after the date of 
     enactment of this Act, and every 90 days thereafter, the 
     President shall submit to the Committee on Energy and Natural 
     Resources and the Committee on Environment and Public Works 
     of the Senate and the Committee on Energy and Commerce and 
     the Committee on Natural Resources of the House of 
     Representatives a report describing--
       (1) each designated project and the basis for designating 
     that project pursuant to subsection (c);
       (2) for each designated project, all outstanding 
     authorizations, environmental reviews, consultations, public 
     comment periods, or other Federal, State, or local reviews 
     required for project completion; and
       (3) for each authorization, environmental review, 
     consultation, public comment period, or other review under 
     paragraph (2)--
       (A) an estimated completion date; and
       (B) an explanation of--
       (i) any delays meeting the timelines established in this 
     section or in applicable Federal, State, or local law; and
       (ii) any changes to the date described in subparagraph (A) 
     from a report previously submitted under this subsection.
       (g) Funding.--
       (1) In general.--Out of amounts appropriated under section 
     70007 of Public Law 117-169 to the Environmental Review 
     Improvement Fund established under section 41009(d)(1) of the 
     FAST Act (42 U.S.C. 4370m-8(d)(1)), $250,000,000 shall be 
     used to provide funding to agencies to support more 
     efficient, accurate, and timely reviews of designated 
     projects in accordance with paragraph (2).
       (2) Use of funds.--The Federal Permitting Improvement 
     Steering Council shall prescribe the use of funds provided to 
     agencies under paragraph (1), which may include--
       (A) the hiring and training of personnel;
       (B) the development of programmatic documents;
       (C) the procurement of technical or scientific services for 
     environmental reviews;
       (D) the development of data or information systems;
       (E) stakeholder and community engagement;
       (F) the purchase of new equipment for analysis; and
       (G) the development of geographic information systems and 
     other analytical tools, techniques, and guidance to improve 
     agency transparency, accountability, and public engagement.
       (3) Limitation.--Of the amounts made available under 
     paragraph (1) for a fiscal year, not more than $1,500,000 
     shall be allocated to support the review of a single 
     designated project.
       (4) Supplement not supplant.--Funds appropriated under this 
     subsection shall be used in addition to existing funding 
     mechanisms, including agency user fees and application fees.

     SEC. 12114. EMPOWERING THE FEDERAL PERMITTING IMPROVEMENT 
                   STEERING COUNCIL AND IMPROVING REVIEWS.

       (a) Definition of Covered Project.--Section 41001(6)(A) of 
     the FAST Act (42 U.S.C. 4370m(6)(A)) is amended--
       (1) in the matter preceding clause (i), by inserting 
     ``critical mineral mining, production, beneficiation, or 
     processing,'' before ``electricity transmission''; and
       (2) in clause (i), by striking subclause (II) and inserting 
     the following:
       ``(II) is likely to require a total investment of--

       ``(aa) more than $200,000,000; or
       ``(bb) in the case of a project for the construction, 
     production, transportation, storage, or generation of energy, 
     more than $50,000,000; and''.

       (b) Transparency.--Section 41003(b)(2)(A)(iii) of the FAST 
     Act (42 U.S.C. 4370m-2(b)(2)(A)(iii)) is amended by adding at 
     the end the following:

       ``(III) Outer continental shelf lands act.--The Secretary 
     of the Interior shall create and maintain a specific entry on 
     the Dashboard for the preparation and revision of the oil and 
     gas leasing program required under section 18 of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1344).
       ``(IV) Additional energy projects.--The Secretary of the 
     Interior or the Secretary of Energy, as applicable, shall 
     create and maintain a specific entry on the Dashboard for any 
     project that is a designated project (as defined in section 
     12113(a) of the Building American Energy Security Act of 
     2022) for which a notice of initiation under subsection 
     (a)(1)(A) has not been submitted, unless the project is 
     already included on the Dashboard as a covered project.''.

     SEC. 12115. LITIGATION TRANSPARENCY.

       (a) Definitions.--In this section:
       (1) Covered civil action.--The term ``covered civil 
     action'' means a civil action--
       (A) seeking to compel agency action affecting a project, as 
     defined under section 12112 of this Act; and
       (B) brought under--
       (i) chapter 7 of title 5, United States Code; or
       (ii) any other statute authorizing such an action.
       (2) Covered consent decree.--The term ``covered consent 
     decree'' means a consent decree entered into in a covered 
     civil action.
       (3) Covered consent decree or settlement agreement.--The 
     term ``covered consent decree or settlement agreement'' means 
     a covered consent decree and a covered settlement agreement.
       (4) Covered settlement agreement.--The term ``covered 
     settlement agreement'' means a settlement agreement entered 
     into in a covered civil action.
       (b) Transparency.--
       (1) Pleadings and preliminary matters.--
       (A) In general.--In any covered civil action, the agency 
     against which the covered civil action is brought shall 
     publish the notice of intent to sue and the complaint in a 
     readily accessible manner, including by making the notice of 
     intent to sue and the complaint available online not later 
     than 15 days after receiving service of the notice of intent 
     to sue or complaint, respectively.
       (B) Entry of a covered consent decree or settlement 
     agreement.--A party may not make a motion for entry of a 
     covered consent decree or to dismiss a civil action pursuant 
     to a covered settlement agreement until after the 
     requirements of subparagraph (A) have been met.
       (2) Publication of covered consent decrees or settlement 
     agreements; public comment.--Not later than 30 days before 
     the date on which a covered consent decree or settlement 
     agreement is filed with a court, the agency seeking to enter 
     the covered consent decree or settlement agreement shall--
       (A) publish online the proposed covered consent decree or 
     settlement agreement; and
       (B) provide a reasonable opportunity by notice in the 
     Federal Register to persons who are not named as parties or 
     interveners to the covered civil action to comment in 
     writing.
       (c) Consideration of Public Comment.--An agency seeking to 
     enter a covered consent decree or settlement agreement shall 
     promptly consider any written comments received under 
     subsection (b)(2)(B) and may withdraw or withhold consent to 
     the proposed consent decree or settlement agreement if the 
     comments disclose facts or considerations that indicate that 
     the consent is inappropriate, improper, inadequate, or 
     inconsistent with any provision of law.

                Subtitle B--Modernizing Permitting Laws

     SEC. 12121. TRANSMISSION.

       (a) Construction Permit.--Section 216 of the Federal Power 
     Act (16 U.S.C. 824p) is amended by striking subsection (b) 
     and inserting the following:
       ``(b) Construction Permit.--Except as provided in 
     subsections (d)(1) and (i), the Commission may, after notice 
     and an opportunity for hearing, issue 1 or more permits for 
     the construction or modification of electric transmission 
     facilities necessary in the national interest if the 
     Commission finds that--
       ``(1)(A) a State in which the transmission facilities are 
     to be constructed or modified does not have authority to--
       ``(i) approve the siting of the facilities; or
       ``(ii) 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

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       ``(iii) has denied an application seeking approval pursuant 
     to applicable law;
       ``(2) the proposed facilities will be used for the 
     transmission of electric energy in interstate (including 
     transmission from the outer Continental Shelf to a State) or 
     foreign commerce;
       ``(3) the proposed construction or modification is 
     consistent with the public interest;
       ``(4) the proposed construction or modification will--
       ``(A) significantly reduce transmission congestion in 
     interstate commerce; and
       ``(B) protect or benefit consumers;
       ``(5) the proposed construction or modification--
       ``(A) is consistent with sound national energy policy; and
       ``(B) will enhance energy independence; and
       ``(6) the proposed modification will maximize, to the 
     extent reasonable and economical, the transmission 
     capabilities of existing towers or structures.''.
       (b) State Siting and Consultation.--Section 216 of the 
     Federal Power Act (16 U.S.C. 824p) is amended by striking 
     subsection (d) and inserting the following:
       ``(d) State Siting and Consultation.--
       ``(1) Preservation of state siting authority.--The 
     Commission shall have no authority to issue a permit under 
     subsection (b) for the construction or modification of an 
     electric transmission facility within a State except as 
     provided in paragraph (1) of that subsection.
       ``(2) Consultation.--In any proceeding before the 
     Commission under subsection (b), the Commission shall afford 
     each State in which a transmission facility covered by the 
     permit is or will be located, each affected Federal agency 
     and Indian Tribe, private property owners, and other 
     interested persons a reasonable opportunity to present their 
     views and recommendations with respect to the need for and 
     impact of a facility covered by the permit.''.
       (c) Rights-of-way.--Section 216(e) of the Federal Power Act 
     (16 U.S.C. 824p(e)) is amended--
       (1) in paragraph (1), by striking ``or a State''; and
       (2) by adding at the end the following:
       ``(5) Compensation for property taken under this subsection 
     shall be determined and awarded by the district court of the 
     United States in accordance with section 3114(c) of title 40, 
     United States Code.''.
       (d) Cost Allocation.--
       (1) In general.--Section 216 of the Federal Power Act (16 
     U.S.C. 824p) is amended by striking subsection (f) and 
     inserting the following:
       ``(f) Cost Allocation.--
       ``(1) Transmission tariffs.--For the purposes of this 
     section, any transmitting utility that owns, controls, or 
     operates electric transmission facilities that the Commission 
     finds to be consistent with the findings under paragraphs (2) 
     through (5) and, if applicable, (6) of subsection (b) shall 
     file a tariff with the Commission in accordance with section 
     205 and the regulations of the Commission allocating the 
     costs of the new or modified transmission facilities.
       ``(2) Cost allocation principles.--The Commission shall 
     require that tariffs filed under this subsection fairly 
     reflect and allocate the costs of providing service to each 
     class of customers, including improved reliability, reduced 
     congestion, reduced power losses, greater carrying capacity, 
     reduced operating reserve requirements, and improved access 
     to generation, in accordance with cost allocation principles 
     of the Commission.
       ``(3) Cost causation principle.--The cost of electric 
     transmission facilities described in paragraph (1) shall be 
     allocated to customers within the transmission planning 
     region or regions that benefit from the facilities in a 
     manner that is at least roughly commensurate with the 
     estimated benefits described in paragraph (2).''.
       (2) Savings clause.--If the Federal Energy Regulatory 
     Commission finds that the considerations under paragraphs (2) 
     through (5) and, if applicable, (6) of subsection (b) of 
     section 216 of the Federal Power Act (16 U.S.C. 824p) (as 
     amended by subsection (a)) are met, nothing in this section 
     or the amendments made by this section shall be construed to 
     exclude transmission facilities located on the outer 
     Continental Shelf from being eligible for cost allocation 
     established under subsection (f)(1) of that section (as 
     amended by paragraph (1)).
       (e) Coordination of Federal Authorizations for Transmission 
     Facilities.--Section 216(h) of the Federal Power Act (16 
     U.S.C. 824p(h)) is amended--
       (1) in paragraph (2), by striking the period at the end and 
     inserting the following: ``, except that--
       ``(A) the Commission shall act as the lead agency in the 
     case of facilities permitted under subsection (b); and
       ``(B) the Department of the Interior shall act as the lead 
     agency in the case of facilities located on a lease, 
     easement, or right-of-way granted by the Secretary of the 
     Interior under section 8(p)(1)(C) of the Outer Continental 
     Shelf Lands Act (42 U.S.C. 1337(p)(1)(C)).'';
       (2) in each of paragraphs (3), (4)(B), (4)(C), (5)(B), 
     (6)(A), (7)(A), (7)(B)(i), (8)(A)(i), and (9), by striking 
     ``Secretary'' each place it appears and inserting ``lead 
     agency'';
       (3) in paragraph (4)(A), by striking ``As head of the lead 
     agency, the Secretary'' and inserting ``The lead agency'';
       (4) in paragraph (5)(A), by striking ``As lead agency head, 
     the Secretary'' and inserting ``The lead agency''; and
       (5) in paragraph (7)--
       (A) in subparagraph (A), by striking ``18 months after the 
     date of enactment of this section'' and inserting ``18 months 
     after the date of enactment of the Building American Energy 
     Security Act of 2022''; and
       (B) in subparagraph (B)(i), by striking ``1 year after the 
     date of enactment of this section'' and inserting ``18 months 
     after the date of enactment of the Building American Energy 
     Security Act of 2022''.
       (f) Interstate Compacts.--Section 216(i)(4) of the Federal 
     Power Act (16 U.S.C. 824p(i)(4)) is amended by striking ``in 
     disagreement'' in the matter preceding subparagraph (A) and 
     all that follows through the period at the end of 
     subparagraph (B) and inserting ``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.''.
       (g) Transmission Infrastructure Investment.--Section 
     219(b)(4) of the Federal Power Act (16 U.S.C. 824s(b)(4)) is 
     amended--
       (1) in subparagraph (A), by striking ``and'' after the 
     semicolon at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) all prudently incurred costs associated with payments 
     to jurisdictions impacted by electric transmission facilities 
     developed pursuant to section 216.''.
       (h) Conforming Amendment.--Section 50151(b) of Public Law 
     117-169 (42 U.S.C. 18715(b)) is amended by striking 
     ``facilities designated by the Secretary to be necessary in 
     the national interest'' and inserting ``facilities in 
     national interest electric transmission corridors designated 
     by the Secretary''.

     SEC. 12122. DEFINITION OF NATURAL GAS UNDER THE NATURAL GAS 
                   ACT.

       (a) In General.--Section 2 of the Natural Gas Act (15 
     U.S.C. 717a) is amended by striking paragraph (5) and 
     inserting the following:
       ``(5) `Natural gas' means--
       ``(A) natural gas unmixed;
       ``(B) any mixture of natural and artificial gas; or
       ``(C) hydrogen mixed or unmixed with natural gas.''.
       (b) Conforming Amendments.--Section 7(c)(1)(A) of the 
     Natural Gas Act (15 U.S.C. 717f(c)(1)(A)) is amended, in the 
     first sentence, in the proviso--
       (1) by inserting ``or, in the case of any person engaged in 
     the transportation of natural gas described in section 
     2(5)(C), on the date of enactment of the Building American 
     Energy Security Act of 2022,'' before ``over the route''; and
       (2) by striking ``within ninety days after the effective 
     date of this amendatory Act'' and inserting ``within 90 days 
     after the effective date of this amendatory Act, or, in the 
     case of any person engaged in the transportation of natural 
     gas described in section 2(5)(C), within 90 days after the 
     date of enactment of the Building American Energy Security 
     Act of 2022''.
       (c) Savings Clause.--Nothing in this section or an 
     amendment made by this section authorizes the Federal Energy 
     Regulatory Commission--
       (1) to order a natural-gas company under section 7(a) of 
     the Natural Gas Act (15 U.S.C. 717f(a)) to extend or modify 
     the transportation facilities of the natural-gas company used 
     for natural gas described in subparagraph (A) or (B) of 
     section 2(5) of that Act (15 U.S.C. 717a(5)) to transport 
     natural gas described in subparagraph (C) of that section; or
       (2) to attach to a certificate of public convenience and 
     necessity issued under section 7(e) of the Natural Gas Act 
     (15 U.S.C. 717f(e)) any requirement that transportation 
     facilities used for natural gas described in subparagraph (A) 
     or (B) of section 2(5) of that Act (15 U.S.C. 717a(5)) be 
     capable of transporting natural gas described in subparagraph 
     (C) of that section.

     SEC. 12123. AUTHORIZATION OF MOUNTAIN VALLEY PIPELINE.

       (a) Finding.--Congress finds that the timely completion of 
     the construction of the Mountain Valley Pipeline--
       (1) is necessary--
       (A) to ensure an adequate and reliable supply of natural 
     gas to consumers at reasonable prices;
       (B) to facilitate an orderly transition of the energy 
     industry to cleaner fuels; and
       (C) to reduce carbon emissions; and
       (2) is in the national interest.
       (b) Purpose.--The purpose of this section is to require the 
     appropriate Federal officers and agencies to take all 
     necessary actions to permit the timely completion of the 
     construction and operation of the Mountain Valley Pipeline 
     without further administrative or judicial delay or 
     impediment.
       (c) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (2) Mountain valley pipeline.--The term ``Mountain Valley 
     Pipeline'' means the Mountain Valley Pipeline Project, as 
     generally described and approved in Federal Energy Regulatory 
     Commission Docket Nos. CP16-10 and CP19-477.
       (3) Secretary concerned.--The term ``Secretary concerned'' 
     means, as applicable--
       (A) the Secretary of Agriculture;
       (B) the Secretary of the Interior; or
       (C) the Secretary of the Army.
       (d) Authorization of Necessary Approvals.--

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       (1) Biological opinion and incidental take statement.--
     Notwithstanding any other provision of law, not later than 30 
     days after the date of enactment of this Act, the Secretary 
     of the Interior shall issue a biological opinion and 
     incidental take statement for the Mountain Valley Pipeline, 
     substantially in the form of the biological opinion and 
     incidental take statement for the Mountain Valley Pipeline 
     issued by the United States Fish and Wildlife Service on 
     September 4, 2020.
       (2) Additional authorizations.--Notwithstanding any other 
     provision of law, not later than 30 days after the date of 
     enactment of this Act--
       (A) the Secretary of the Interior shall issue all rights-
     of-way, permits, leases, and other authorizations that are 
     necessary for the construction, operation, and maintenance of 
     the Mountain Valley Pipeline, substantially in the form 
     approved in the record of decision of the Bureau of Land 
     Management entitled ``Mountain Valley Pipeline and Equitrans 
     Expansion Project Decision to Grant Right-of-Way and 
     Temporary Use Permit'' and dated January 14, 2021;
       (B) the Secretary of Agriculture shall amend the Land and 
     Resource Management Plan for the Jefferson National Forest as 
     necessary to permit the construction, operation, and 
     maintenance of the Mountain Valley Pipeline within the 
     Jefferson National Forest, substantially in the form approved 
     in the record of decision of the Forest Service entitled 
     ``Record of Decision for the Mountain Valley Pipeline and 
     Equitrans Expansion Project'' and dated January 2021;
       (C) the Secretary of the Army shall issue all permits and 
     verifications necessary to permit the construction, 
     operation, and maintenance of the Mountain Valley Pipeline 
     across waters of the United States; and
       (D) the Commission shall--
       (i) approve any amendments to the certificate of public 
     convenience and necessity issued by the Commission on October 
     13, 2017 (161 FERC 61,043); and
       (ii) grant any extensions necessary to permit the 
     construction, operation, and maintenance of the Mountain 
     Valley Pipeline.
       (e) Authority to Modify Prior Decisions or Approvals.--In 
     meeting the applicable requirements of subsection (d), a 
     Secretary concerned may modify the applicable prior 
     biological opinion, incidental take statement, right-of-way, 
     amendment, permit, verification, or other authorization 
     described in that subsection if the Secretary concerned 
     determines that the modification is necessary--
       (1) to correct a deficiency in the record; or
       (2) to protect the public interest or the environment.
       (f) Relationship to Other Laws.--
       (1) Determination to issue or grant.--The requirements of 
     subsection (d) shall supersede the provisions of any law 
     (including regulations) relating to an administrative 
     determination as to whether the biological opinion, 
     incidental take statement, right-of-way, amendment, permit, 
     verification, or other authorization shall be issued for the 
     Mountain Valley Pipeline.
       (2) Savings provision.--Nothing in this section limits the 
     authority of a Secretary concerned or the Commission to 
     administer a right-of-way or enforce any permit or other 
     authorization issued under subsection (d) in accordance with 
     applicable laws (including regulations).
       (g) Judicial Review.--
       (1) In general.--The actions of the Secretaries concerned 
     and the Commission pursuant to subsection (d) that are 
     necessary for the construction and initial operation at full 
     capacity of the Mountain Valley Pipeline shall not be subject 
     to judicial review.
       (2) Other actions.--The United States Court of Appeals for 
     the District of Columbia Circuit shall have original and 
     exclusive jurisdiction over--
       (A) any claim alleging--
       (i) the invalidity of this section; or
       (ii) that an action is beyond the scope of authority 
     conferred by this section; and
       (B) any claim relating to any action taken by a Secretary 
     concerned or the Commission relating to the Mountain Valley 
     Pipeline other than an action described in paragraph (1).

     SEC. 12124. RIGHTS-OF-WAY ACROSS INDIAN LAND.

       The first section of the Act of February 5, 1948 (62 Stat. 
     17, chapter 45; 25 U.S.C. 323) is amended by adding at the 
     end the following: ``Any right-of-way granted by an Indian 
     tribe for the purposes authorized under this section shall 
     not require the approval of the Secretary of the Interior, on 
     the condition that the right-of-way approval process by the 
     Indian tribe substantially complies with subsection (h) of 
     the first section of the Act of August 9, 1955 (69 Stat. 539, 
     chapter 615; 25 U.S.C. 415(h)) or the Indian tribe has 
     approved regulations under paragraph (1) of that 
     subsection.''.

     SEC. 12125. FEDERAL ENERGY REGULATORY COMMISSION STAFFING.

       (a) Consultation Deadline.--Section 401(k)(6) of the 
     Department of Energy Organization Act (42 U.S.C. 7171(k)(6)) 
     is amended--
       (1) by striking ``The Chairman'' and inserting the 
     following:
       ``(A) In general.--The Chairman''; and
       (2) by adding at the end the following:
       ``(B) Deadline.--The requirement under subparagraph (A) 
     shall be considered met if the Director of the Office of 
     Personnel Management has not taken final action on a plan for 
     applying authorities under this subsection within 120 days of 
     submission of the plan by the Chairman to the Director of the 
     Office of Personnel Management.''.
       (b) Elimination of Reporting Sunset.--Section 11004(b)(1) 
     of the Energy Act of 2020 (42 U.S.C. 7171 note; Public Law 
     116-260) is amended by striking ``thereafter for 10 years,'' 
     and inserting ``thereafter,''.
                                 ______