[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.
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(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
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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
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(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
[[Page S7144]]
``(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.--
[[Page S7145]]
(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,''.
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