[Senate Report 118-336]
[From the U.S. Government Publishing Office]
Calendar No. 756
118th Congress } { Report
SENATE
2d Session } { 118-336
======================================================================
ENERGY PERMITTING REFORM ACT OF 2024
_______
December 19 (legislative day, December 16), 2024.--Ordered to be
printed
_______
Mr. Manchin, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 4753]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 4753), to reform leasing, permitting, and
judicial review for certain energy and mineral projects, and
for other purposes, having considered the same, reports
favorably thereon with an amendment in the nature of a
substitute and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy Permitting
Reform Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ACCELERATING CLAIMS
Sec. 101. Accelerating claims.
TITLE II--FEDERAL ONSHORE ENERGY LEASING AND PERMITTING
Sec. 201. Onshore oil and gas leasing.
Sec. 202. Term of application for permit to drill.
Sec. 203. Permitting compliance on non-Federal land.
Sed. 204. Coal leases on Federal land.
Sec. 205. Rights-of-way across Indian land.
Sec. 206. Accelerating renewable energy permitting.
Sec. 207. Improving renewable energy coordination on Federal land.
Sed. 208. Geothermal leasing and permitting improvements.
Sec. 209. Electric grid projects.
Sec. 210. Hardrock mining mill sites.
TITLE III--FEDERAL OFFSHORE ENERGY LEASING AND PERMITTING
Sec. 301. Offshore oil and gas leasing.
Sec. 302. Offshore wind energy.
TITLE IV--ELECTRIC TRANSMISSION
Sec. 401. Transmission permitting.
Sec. 402. Transmission planning.
TITLE V--ELECTRIC RELIABILITY
Sec. 501. Reliability assessments.
TITLE VI--LIQUEFIED NATURAL GAS EXPORTS
Sec. 601. Action on applications.
Sec. 602. Supplemental reviews.
TITLE VII--HYDROPOWER
Sec. 701. Hydropower license extensions.
Sec. 702. Identifying and removing market barriers to hydropower.
Sec. 703. Regulations to align timetables.
TITLE VIII--HIRING AND RETENTION
Sec. 801. Federal Energy Regulatory Commission staffing.
Sec. 802. Compensation flexibility to address retention and hiring
issues at the Bonneville Power Administration.
Sec. 803. Northwest Power and Conservation Council.
Sec. 804. Federal Energy Regulatory Commission personnel safety.
TITLE I--ACCELERATING CLAIMS
SEC. 101. ACCELERATING CLAIMS.
(a) Definitions.--In this section:
(1) Authorization.--
(A) In general.--The term ``authorization'' means any
license, permit, approval, order, or other
administrative decision that is required or authorized
under Federal law (including regulations) to design,
plan, site, construct, reconstruct, or commence
operations of a project.
(B) Inclusions.--The term ``authorization''
includes--
(i) agency approvals of lease sales, permits,
rights-of-way, or plans required to explore
for, develop, or produce energy or minerals
under--
(I) the Mineral Leasing Act (30
U.S.C. 181 et seq.);
(II) the Act of August 7, 1947
(commonly known as the ``Mineral
Leasing Act for Acquired Lands'') (30
U.S.C. 351 et seq.);
(III) the Act of July 31, 1947
(commonly known as the ``Materials Act
of 1947'') (61 Stat. 681, chapter 406;
30 U.S.C. 601 et seq.);
(IV) sections 2319 through 2344 of
the Revised Statutes (commonly known as
the ``Mining Law of 1872'') (30 U.S.C.
22 et seq.);
(V) the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.);
(VI) the Geothermal Steam Act of 1970
(30 U.S.C. 1001 et seq.);
(VII) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701
et seq.); or
(VIII) title I of the Naval Petroleum
Reserves Production Act (42 U.S.C. 6501
et seq.);
(ii) statements or permits for a project
under sections 7 and 10 of the Endangered
Species Act of 1973 (16 U.S.C. 1536, 1539); and
(iii) agency approvals under the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501
et seq.) of hazardous fuel reduction and forest
restoration projects.
(2) Environmental document.--The term ``environmental
document'' includes any of the following, as prepared under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.):
(A) An environmental assessment.
(B) A finding of no significant impact.
(C) An environmental impact statement.
(D) A record of decision.
(3) Project.--The term ``project'' means a project--
(A) proposed for--
(i) the construction of infrastructure--
(I) to develop, produce, generate,
store, transport, or distribute energy;
(II) to capture, remove, transport,
or store carbon dioxide; or
(III) to mine, extract, beneficiate,
or process minerals; or
(ii) hazardous fuel reduction and forest
restoration for the protection of
infrastructure or communities from wildfire;
and
(B) subject to the requirements that--
(i) an environmental document be prepared;
and
(ii) the applicable agency issue an
authorization of the activity.
(4) Project sponsor.--The term ``project sponsor'' means an
entity, including any private, public, or public-private
entity, seeking an authorization for a project.
(b) Statute of Limitations.--Notwithstanding any other provision of
law, a civil action arising under Federal law seeking judicial review
of a final agency action granting or denying an authorization shall be
barred unless the civil action is filed by the date that is 150 days
after the date on which the authorization was granted or denied, unless
a shorter time is specified in the Federal law pursuant to which
judicial review is allowed.
(c) Expedited Review.--A reviewing court shall set for expedited
consideration any civil action arising under Federal law seeking
judicial review of a final agency action granting or denying an
authorization.
(d) Remanded Actions.--
(1) In general.--If the reviewing court remands a final
Federal agency action granting or denying an authorization to
the Federal agency for further proceedings, whether on a motion
by the court, the agency, or another party, the court shall set
a reasonable schedule and deadline for the agency to act on
remand, which shall not exceed 180 days from the date on which
the order of the court was issued, unless a longer time period
is necessary to comply with applicable law.
(2) Expedited treatment of remanded actions.--The head of the
Federal agency to which a court remands a final Federal agency
action under paragraph (1) shall take such actions as may be
necessary to provide for the expeditious disposition of the
action on remand in accordance with the schedule and deadline
set by the court under that paragraph.
(e) Treatment of Supplemental or Revised Environmental Documents.--
For the purpose of subsection (b), the preparation of a supplemental or
revised environmental document, when required, shall be considered to
be a separate final agency action.
(f) Notice.--Not later than 30 days after the date on which an
agency is served a copy of a petition for review or a complaint in a
civil action described in subsection (b), the head of the agency shall
notify the project sponsor of the filing of the petition or complaint.
(g) Permitting Council.--Nothing in this title precludes a project
from being designated as a covered project (as defined in section 41001
of the FAST Act (42 U.S.C. 4370m)) for the purposes of title XLI of
that Act (42 U.S.C. 4370m et seq.).
TITLE II--FEDERAL ONSHORE ENERGY LEASING AND PERMITTING
SEC. 201. ONSHORE OIL AND GAS LEASING.
(a) Limitation on Issuance of Certain Leases or Rights-of-Way.--
Section 50265(b)(1)(B) of Public Law 117-169 (43 U.S.C. 3006(b)(1)(B))
is amended, in the matter preceding clause (i), by inserting ``,
including only acres that were nominated in previously submitted
expressions of interest,'' after ``energy development''.
(b) Mineral Leasing Act Reforms.--
(1) Expressions of interest for oil and gas leasing.--Section
17(b) of the Mineral Leasing Act (30 U.S.C. 226(b)) is amended
by adding at the end the following:
``(3) Subdivision.--
``(A) In general.--A parcel of land included in an
expression of interest that the Secretary of the
Interior offers for lease shall be leased as nominated
and not subdivided into multiple parcels unless the
Secretary of the Interior determines that a subpart of
the submitted parcel is not open to oil or gas leasing
under the approved resource management plan.
``(B) Required reviews.--Nothing in this paragraph
affects the obligations of the Secretary of the
Interior to complete requirements and reviews
established by other provisions of law before leasing a
parcel of land.
``(4) Resource management plans.--
``(A) Lease terms and conditions.--A lease issued
under this section shall be subject to the terms and
conditions of the approved resource management plan.
``(B) Effect of leasing decision.--Notwithstanding
section 1506.1 of title 40, Code of Federal Regulations
(as in effect on the date of enactment of this
paragraph), the Secretary may conduct a lease sale
under an approved resource management plan while
amendments to the approved plan are under
consideration.''.
(2) Refund of expression of interest fee.--Section 17(q) of
the Mineral Leasing Act (30 U.S.C. 226(q)) is amended--
(A) by striking ``Secretary'' each place it appears
and inserting ``Secretary of the Interior'';
(B) in paragraph (1), by striking ``nonrefundable'';
and
(C) by adding at the end the following:
``(3) Refund for nonwinning bid.--If a person other than the
person who submitted the expression of interest is the highest
responsible qualified bidder for a parcel of land covered by
the applicable expression of interest in a lease sale conducted
under this section--
``(A) as a condition of the issuance of the lease,
the person who is the highest responsible qualified
bidder shall pay to the Secretary of the Interior an
amount equal to the applicable fee paid by the person
who submitted the expression of interest; and
``(B) not later than 60 days after the date of the
lease sale, the Secretary of the Interior shall refund
to the person who submitted the expression of interest
an amount equal to the amount of the initial fee paid.
``(4) Refundability.--Except as provided in paragraph (3)(B),
the fee assessed under paragraph (1) shall be nonrefundable.''.
SEC. 202. TERM OF APPLICATION FOR PERMIT TO DRILL.
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is
amended by adding at the end the following:
``(4) Term.--
``(A) In general.--A permit to drill approved under
this subsection shall be valid for a single non-
renewable 4-year period beginning on the date of the
approval.
``(B) Retroactivity.--In addition to all approved
applications for permits to drill submitted on or after
the date of enactment of this paragraph, subparagraph
(A) shall apply to--
``(i) all valid, unexpired permits in effect
on the date of enactment of this paragraph; and
``(ii) all pending applications for permit to
drill submitted prior to the date of enactment
of this paragraph.''.
SEC. 203. PERMITTING COMPLIANCE ON NON-FEDERAL LAND.
(a) In General.--Notwithstanding the Mineral Leasing Act (30 U.S.C.
181 et seq.), the Federal Oil and Gas Royalty Management Act of 1982
(30 U.S.C. 1701 et seq.), or subpart 3162 of part 3160 of title 43,
Code of Federal Regulations (or successor regulations), but subject to
any applicable State or Tribal requirements and subsection (c), the
Secretary of the Interior shall not require a permit to drill for an
oil and gas lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.)
for an action occurring within an oil and gas drilling or spacing unit
if--
(1) the Federal Government--
(A) owns less than 50 percent of the minerals within
the oil and gas drilling or spacing unit; and
(B) does not own or lease the surface estate within
the area directly impacted by the action;
(2) the well is located on non-Federal land overlying a non-
Federal mineral estate, but some portion of the wellbore enters
and produces from the Federal mineral estate subject to the
lease; or
(3) the well is located on non-Federal land overlying a non-
Federal mineral estate, but some portion of the wellbore
traverses but does not produce from the Federal mineral estate
subject to the lease.
(b) Notification.--For each State permit to drill or drilling plan
that would impact or extract oil and gas owned by the Federal
Government--
(1) each lessee of Federal minerals in the unit, or designee
of a lessee, shall--
(A) notify the Secretary of the Interior of the
submission of a State application for a permit to drill
or drilling plan on submission of the application; and
(B) provide a copy of the application described in
subparagraph (A) to the Secretary of the Interior not
later than 5 days after the date on which the permit or
plan is submitted;
(2) each lessee, designee of a lessee, or applicable State
shall notify the Secretary of the Interior of the approved
State permit to drill or drilling plan not later than 45 days
after the date on which the permit or plan is approved; and
(3) each lessee or designee of a lessee shall provide, prior
to commencing drilling operations, agreements authorizing the
Secretary of the Interior to enter non-Federal land, as
necessary, for inspection and enforcement of the terms of the
Federal lease.
(c) Nonapplicability to Indian Lands.--Subsection (a) shall not
apply to Indian lands (as defined in section 3 of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1702)).
(d) Effect.--Nothing in this section affects--
(1) other authorities of the Secretary of the Interior under
the Federal Oil and Gas Royalty Management Act of 1982 (30
U.S.C. 1701 et seq.); or
(2) the amount of royalties due to the Federal Government
from the production of the Federal minerals within the oil and
gas drilling or spacing unit.
(e) Authority on Non-Federal Land.--Section 17(g) of the Mineral
Leasing Act (30 U.S.C. 226(g)) is amended--
(1) by striking the subsection designation and all that
follows through ``Secretary of the Interior, or'' in the first
sentence and inserting the following:
``(g)(1) The Secretary of the Interior, or''; and
(2) by adding at the end the following:
``(2)(A) In the case of an oil and gas lease under this Act on land
described in subparagraph (B) located within an oil and gas drilling or
spacing unit, nothing in this Act authorizes the Secretary of the
Interior--
``(i) to require a bond to protect non-Federal land;
``(ii) to enter non-Federal land without the consent of the
applicable landowner;
``(iii) to impose mitigation requirements; or
``(iv) to require approval for surface reclamation.
``(B) Land referred to in subparagraph (A) is land
where--
``(i) the Federal Government--
``(I) owns less than 50 percent of
the minerals within the oil and gas
drilling or spacing unit; and
``(II) does not own or lease the
surface estate within the area directly
impacted by the action;
``(ii) the well is located on non-Federal
land overlying a non-Federal mineral estate,
but some portion of the wellbore enters and
produces from the Federal mineral estate
subject to the lease; or
``(iii) the well is located on non-Federal
land overlying a non-Federal mineral estate,
but some portion of the wellbore traverses but
does not produce from the Federal mineral
estate subject to the lease.''.
SEC. 204. COAL LEASES ON FEDERAL LAND.
(a) Deadlines.--
(1) In general.--Section 2(a) of the Mineral Leasing Act (30
U.S.C. 201(a)) is amended--
(A) in paragraph (1), in the first sentence, by
striking ``he shall, in his discretion, upon the
request of any qualified applicant or on his own motion
from time to time'' and insert ``the Secretary shall,
at the discretion of the Secretary but subject to
paragraph (6), on the request of any qualified
applicant or on a motion by the Secretary''; and
(B) by adding at the end the following:
``(6) Deadlines.--
``(A) Applicant motion.--Not later than 90 days after
the date on which a request of a qualified applicant is
received for a lease sale under paragraph (1), or for a
lease modification under section 3, the Secretary of
the Interior shall commence all necessary consultations
and reviews required under Federal law in accordance
with that paragraph or section, as applicable.
``(B) Decision.--Not later than 90 days after the
completion of an environmental impact statement or
environmental assessment consistent with the
requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) for a lease sale under
paragraph (1), or for a lease modification under
section 3, the Secretary of the Interior shall issue a
record of decision or a finding of no significant
impact for the lease sale or lease modification.
``(C) Fair market value.--Not later than 30 days
after the date on which the Secretary of the Interior
issues a record of decision or a finding of no
significant impact under subparagraph (B) for a lease
sale under paragraph (1), or for a lease modification
under section 3, the Secretary shall determine the fair
market value of the coal subject to the lease.''.
(2) Lease modifications.--Section 3(b) of the Mineral Leasing
Act (30 U.S.C. 203(b)) is amended by striking ``The Secretary
shall prescribe'' and inserting ``Subject to section 2(a)(6),
the Secretary shall prescribe''.
(b) Conforming Amendments.--Section 2(a)(1) of the Mineral Leasing
Act (30 U.S.C. 201(a)(1)) is amended--
(1) in the first sentence--
(A) by striking ``he finds appropriate'' and
inserting ``the Secretary of the Interior finds
appropriate''; and
(B) by striking ``he deems appropriate'' and
inserting ``the Secretary of the Interior determines to
be appropriate'';
(2) in the sixth sentence, by striking ``Prior to his
determination'' and inserting ``Prior to a determination by the
Secretary of the Interior'';
(3) in the seventh sentence--
(A) by striking ``to make public his judgment'' and
inserting ``to make public the judgment of the
Secretary of the Interior''; and
(B) by striking ``comments he receives'' and
inserting ``comments received by the Secretary of the
Interior''; and
(4) in the eighth sentence, by striking ``He is hereby
authorized'' and inserting ``The Secretary of the Interior is
authorized''.
(c) Technical Correction.--Section 2(b)(3) of the Mineral Leasing
Act (30 U.S.C. 201(b)(3)) is amended, in the first sentence, by
striking ``geophyscal'' and inserting ``geophysical''.
SEC. 205. RIGHTS-OF-WAY ACROSS INDIAN LAND.
The Act of February 5, 1948 (62 Stat. 17, chapter 45), is amended--
(1) in the first section (62 Stat. 17, chapter 45; 25 U.S.C.
323), by striking ``That the Secretary of the Interior be, and
he is hereby, empowered to'' and inserting the following:
``SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS INDIAN LAND.
``The Secretary of the Interior may'';
(2) in section 2 (62 Stat. 18, chapter 45; 25 U.S.C. 324), by
striking ``organized under the Act of June 18, 1934 (48 Stat.
984), as amended; the Act of May 1, 1936 (49 Stat. 1250); or
the Act of June 26, 1936 (49 Stat. 1967),''; and
(3) by adding at the end the following:
``SEC. 8. TRIBAL GRANTS OF RIGHTS-OF-WAY.
``(a) Rights-of-Way.--
``(1) In general.--Subject to paragraph (2), an Indian tribe
may grant a right-of-way over and across the Tribal land of the
Indian tribe for any purpose.
``(2) Authority.--A right-of-way granted under paragraph (1)
shall not require the approval of the Secretary of the Interior
or a grant by the Secretary of the Interior under section 1 if
the right-of-way granted under that paragraph is executed in
accordance with a Tribal regulation approved by the Secretary
of the Interior under subsection (b).
``(b) Review of Tribal Regulations.--
``(1) Tribal regulation submission and approval.--
``(A) Submission.--An Indian tribe seeking to grant a
right-of-way under subsection (a) shall submit for
approval a Tribal regulation governing the granting of
rights-of-way over and across the Tribal land of the
Indian tribe.
``(B) Approval.--Subject to paragraph (2), the
Secretary of the Interior shall have the authority to
approve or disapprove any Tribal regulation submitted
under subparagraph (A).
``(2) Considerations for approval.--
``(A) In general.--The Secretary of the Interior
shall approve a Tribal regulation submitted under
paragraph (1)(A), if the Tribal regulation--
``(i) is consistent with any regulations (or
successor regulations) issued by the Secretary
of the Interior under section 6;
``(ii) provides for an environmental review
process that includes--
``(I) the identification and
evaluation of any significant impacts
the proposed action may have on the
environment; and
``(II) a process for ensuring--
``(aa) that the public is
informed of, and has a
reasonable opportunity to
comment on, any significant
environmental impacts of the
proposed action identified by
the Indian tribe under
subclause (I); and
``(bb) the Indian tribe
provides a response to each
relevant and substantive public
comment on the significant
environmental impacts
identified by the Indian tribe
under subclause (I) before the
Indian tribe approves the
right-of-way.
``(B) Applicable laws.--The Secretary of the
Interior, in making a decision to approve a Tribal
regulation under this subsection, shall not be subject
to--
``(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
``(ii) section 306108 of title 54, United
States Code; or
``(iii) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
``(3) Review process.--
``(A) In general.--Not later than 180 days after the
date on which the Indian tribe submits a Tribal
regulation to the Secretary of the Interior under
paragraph (1)(A), the Secretary of the Interior shall--
``(i) review the Tribal regulation;
``(ii) approve or disapprove the Tribal
regulation; and
``(iii) notify the Indian tribe that submitted the Tribal
regulation of the approval or disapproval.
``(B) Written documentation.--If the Secretary of the
Interior disapproves a Tribal regulation submitted
under paragraph (1)(A), the Secretary of the Interior
shall include with the disapproval notification under
subparagraph (A)(iii) written documentation describing
the basis for the disapproval.
``(C) Extension.--The Secretary of the Interior may,
after consultation with the Indian tribe that submitted
a Tribal regulation under paragraph (1)(A), extend the
180-day period described in subparagraph (A).
``(4) Federal environmental review.--Notwithstanding
paragraphs (2) and (3), if an Indian tribe carries out a
project or activity funded by a Federal agency, the Indian
tribe may rely on the environmental review process of the
applicable Federal agency rather than any Tribal environmental
review process required under this subsection.
``(c) Documentation.--An Indian tribe granting a right-of-way under
subsection (a) shall provide to the Secretary of the Interior--
``(1) a copy of the right-of-way, including any amendments or
renewals; and
``(2) if the right-of-way allows for compensation to be made
directly to the Indian tribe, documentation of payments that
are sufficient, as determined by the Secretary of the Interior,
as to enable the Secretary of the Interior to discharge the
trust responsibility of the United States under subsection (d).
``(d) Trust Responsibility.--
``(1) In general.--The United States shall not be liable for
losses sustained by any party to a right-of-way granted under
subsection (a).
``(2) Authority of the secretary.--
``(A) In general.--Pursuant to the authority of the
Secretary of the Interior to fulfill the trust
obligation of the United States to the applicable
Indian tribe under Federal law (including regulations),
the Secretary of the Interior may, on reasonable notice
from the applicable Indian tribe and at the discretion
of the Secretary of the Interior, enforce the
provisions of, or cancel, any right-of-way granted by
the Indian tribe under subsection (a).
``(B) Authority.--The enforcement or cancellation of
a right-of-way under subparagraph (A) shall be
conducted using regulatory procedures issued under
section 6.
``(e) Compliance.--
``(1) In general.--An interested party, after exhaustion of
any applicable Tribal remedies, may submit a petition to the
Secretary of the Interior, at such time and in such form as
determined by the Secretary of the Interior, to review the
compliance of an applicable Indian tribe with a Tribal
regulation approved by the Secretary of the Interior under
subsection (b).
``(2) Violations.--If the Secretary of the Interior
determines that a Tribal regulation was violated after
conducting a review under paragraph (1), the Secretary of the
Interior may take any action the Secretary of the Interior
determines to be necessary to remedy the violation, including
rescinding the approval of the Tribal regulation and reassuming
responsibility for approving rights-of-way through the trust
land of the applicable Indian tribe.
``(3) Documentation.--If the Secretary of the Interior
determines that a Tribal regulation was violated after
conducting a review under paragraph (1), the Secretary of the
Interior shall--
``(A) provide written documentation, with respect to
the Tribal regulation that has been violated, to the
appropriate interested party and Indian tribe;
``(B) provide the applicable Indian tribe with a
written notice of the alleged violation; and
``(C) prior to the exercise of any remedy, including
rescinding the approval for the applicable Tribal
regulation or reassuming responsibility for approving
rights-of-way through the trust land of the applicable
Indian tribe, provide the applicable Indian tribe
with--
``(i) a hearing that is on the record; and
``(ii) a reasonable opportunity to cure the
alleged violation.
``(f) Savings Clause.--Nothing in this section affects the
application of any Tribal regulations issued under Federal
environmental law.
``(g) Effect of Tribal Regulations.--An approved Tribal regulation
under subsection (b) shall not preclude an Indian tribe from, in the
discretion of the Indian tribe, consenting to the grant of a right-of-
way by the Secretary of the Interior under section 1.
``(h) Terms of Right-of-Way.--The compensation for, and terms of, a
right-of-way granted under subsection (a) will be determined by--
``(1) negotiations by the Indian tribe; or
``(2) the regulations of the Indian tribe.
``(i) Jurisdiction.--The grant of a right-of-way under subsection
(a) does not waive the sovereign immunity of the Indian tribe or
diminish the jurisdiction of that Indian tribe over the Tribal land
subject to the right-of-way, unless otherwise provided in--
``(1) the grant of the right-of-way; or
``(2) the regulations of the Indian tribe.''.
SEC. 206. ACCELERATING RENEWABLE ENERGY PERMITTING.
(a) Definitions.--In this section:
(1) Eligible project.--The term ``eligible project'' has the
meaning given the term in section 3101 of the Energy Act of
2020 (43 U.S.C. 3001).
(2) Previously disturbed or developed.--The term ``previously
disturbed or developed'' has the meaning given the term in
section 1021.410(g)(1) of title 10, Code of Federal Regulations
(or successor regulations).
(b) Deadline for Consideration of Applications for Rights-of-Way.--
(1) Completeness of review.--
(A) In general.--Not later than 30 days after the date on
which the Secretary of the Interior or the Secretary of
Agriculture, as applicable, receives an application for a
right-of-way under section 501 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761) for an eligible
project, the applicable Secretary shall--
(i) notify the applicant that the application
is complete; or
(ii) notify the applicant that information is
missing from the application and specify any
information that is required to be submitted
for the application to be complete.
(B) Environmental impact statement.--For an eligible
project that requires an environmental impact statement
for an application submitted under subparagraph (A),
the Secretary of the Interior or the Secretary of
Agriculture, as applicable, shall issue a notice of
intent not later than 90 days after the date on which
the applicable Secretary determines that an application
is complete under subparagraph (A).
(2) Cost recovery and issuance or deferral.--
(A) In general.--Not later than 30 days after the
date on which an applicant submits a complete
application for a right-of-way under paragraph (1), the
Secretary of the Interior or the Secretary of
Agriculture, as applicable, shall, if a cost recovery
agreement is required under section 2804.14 of title
43, Code of Federal Regulations (or successor
regulations), or section 251.58 of title 36, Code of
Federal Regulations (or successor regulations), issue a
cost recovery agreement.
(B) Decision.--Not later than 30 days after the date
on which an applicant submits a complete application
for a right-of-way under paragraph (1), the Secretary
of the Interior or the Secretary of Agriculture, as
applicable, shall--
(i) grant or deny the application, if the
requirements under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
any other applicable law have been completed;
or
(ii) defer the decision on the application
and provide to the applicant notice--
(I) that specifies steps that the
applicant can take for the decision on
the application to be issued; and
(II) of a list of actions that need
to be taken by the agency in order to
comply with applicable law, and
timelines and deadlines for completing
those actions.
(c) Low Disturbance Activities for Renewable Energy Projects.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, to facilitate timely permitting of
eligible projects, the Secretary of the Interior and the
Secretary of Agriculture shall each develop or adopt 1 or more
categorical exclusions, including allowing for extraordinary
circumstances under which the categorical exclusion shall not
be available, under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for low disturbance activities
necessary for renewable energy projects.
(2) Activities described.--Low disturbance activities
referred to in paragraph (1) are the following:
(A) Individual surface disturbances of less than 5
acres that have undergone site-specific analysis in a
document prepared pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) that has been previously completed.
(B) Activities at a location at which the same type
of activity has previously occurred within 5 years
prior to the date of commencement of the activity.
(C) Activities on previously disturbed or developed
land for which an approved land use plan or any
environmental document prepared pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) analyzed such activity as reasonably
foreseeable, so long as such plan or document was
approved within 5 years prior to the date of the
activity.
(D) The installation, modification, operation, or
removal of commercially available solar photovoltaic
systems located on--
(i) a building or other structure (such as a
rooftop, parking lot, or facility, or mounted
to signage, lighting, gates, or fences); or
(ii) previously disturbed or developed land
comprising less than 10 acres.
(E) Maintenance of a minor activity, other than any
construction or major renovation, or a building or
facility.
(F) Preliminary geotechnical investigations.
(G) The construction and removal of meteorological
evaluation towers.
SEC. 207. IMPROVING RENEWABLE ENERGY COORDINATION ON FEDERAL LAND.
(a) National Goal for Renewable Energy Production on Federal
Land.--
(1) Goal.--Not later than 180 days after the date of
enactment of this Act, in accordance with section 3104 of the
Energy Act of 2020 (43 U.S.C. 3004), the Secretary of the
Interior, in consultation with the Secretary of Agriculture and
other heads of relevant Federal agencies, shall establish a
target date for the authorization of not less than 50 gigawatts
of renewable energy production on Federal land by not later
than 2030.
(2) Periodic goal revision.--Section 3104 of the Energy Act
of 2020 (43 U.S.C. 3004) is amended--
(A) in subsection (a), by inserting ``and
periodically revise'' after ``establish''; and
(B) by adding at the end the following:
``(c) Permitting.--Subject to the limitations described in section
50265(b)(1) of Public Law 117-169 (43 U.S.C. 3006(b)(1)), the Secretary
shall, in consultation with the heads of relevant Federal agencies,
seek to issue permits that authorize, in total, sufficient electricity
from eligible projects to meet or exceed the national goals established
and revised under this section.''.
(b) Definition of Eligible Project.--Paragraph (4) of section 3101
of the Energy Act of 2020 (43 U.S.C. 3001) is amended by inserting ``or
store'' after ``generate''.
(c) Renewable Energy Project Review Standards.--Section 3102 of the
Energy Act of 2020 (43 U.S.C. 3002) is amended--
(1) in subsection (a), in the second sentence, by inserting
``sufficient to achieve goals for renewable energy production
on Federal land established under section 3104'' before the
period at the end;
(2) by redesignating subsection (f) as subsection (h); and
(3) by inserting after subsection (e) the following:
``(f) Renewable Energy Project Review Standards.--Not later than 2
years after the date of enactment of the Energy Permitting Reform Act
of 2024, for the purpose of encouraging standardized reviews and
facilitating the permitting of eligible projects, the National
Renewable Energy Coordination Office of the Bureau of Land Management
shall promulgate renewable energy project review standards to be
adopted by regional renewable energy coordination offices.
``(g) Clarification of Existing Authority.--Under section 307 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737),
the Secretary may accept donations from renewable energy companies to
improve community engagement for the permitting of energy projects.''.
(d) Savings Clause.--Nothing in this section, or an amendment made
by this section, modifies the limitations described in section
50265(b)(1) of Public Law 117-169 (43 U.S.C. 3006(b)(1)).
SEC. 208. GEOTHERMAL LEASING AND PERMITTING IMPROVEMENTS.
(a) Preliminary Geothermal Activities.--Not later than 180 days
after the date of enactment of this Act, the Secretary of the Interior
and the Secretary of Agriculture shall each develop or adopt 1 or more
categorical exclusions, including allowing for extraordinary
circumstances under which the categorical exclusion shall not be
available, under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for individual disturbances of less than 10 acres
for activities required to test, monitor, calibrate, explore, or
confirm geothermal resources, provided those activities do not
involve--
(1) the commercial production of geothermal resources;
(2) the use of geothermal resources for commercial
operations; or
(3) construction of permanent roads.
(b) Annual Leasing.--Section 4(b) of the Geothermal Steam Act of
1970 (30 U.S.C. 1003(b)) is amended--
(1) in paragraph (2), by striking ``every 2 years'' and
inserting ``per year''; and
(2) by adding at the end the following:
``(5) Replacement sales.--If a lease sale under this section
for a year is cancelled or delayed, the Secretary shall conduct
a replacement sale not later than 180 days after the date of
the cancellation or delay, as applicable, and the replacement
sale may not be cancelled or delayed.''.
(c) Deadlines for Consideration of Geothermal Drilling Permits.--
Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is
amended by adding at the end the following:
``(h) Deadlines for Consideration of Geothermal Drilling Permits.--
``(1) In general.--Not later than 10 days after the date on
which the Secretary receives an application for any geothermal
drilling permit, the Secretary shall--
``(A) provide written notice to the applicant that
the application is complete; or
``(B) notify the applicant that information is
missing from the application and specify any
information that is required to be submitted for the
application to be complete.
``(2) Decision.--Not later than 30 days after the date on
which an applicant submits a complete application for a
geothermal drilling permit under paragraph (1), the Secretary
shall--
``(A) grant or deny the application, if the
requirements under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and any other
applicable law have been completed; or
``(B) defer the decision on the application and
provide to the applicant notice--
``(i) that specifies steps that the applicant
can take for the decision on the application to
be issued; and
``(ii) of a list of actions that need to be
taken by the agency in order to comply with
applicable law, and timelines and deadlines for
completing those actions.''.
(d) Cost Recovery Authority.--Section 24 of the Geothermal Steam
Act of 1970 (30 U.S.C. 1023) is amended--
(1) by striking the section designation and all that follows
through ``The Secretary'' and inserting the following:
``SEC. 24. RULES AND REGULATIONS.
``The Secretary''; and
(2) by adding at the end the following: ``The Secretary
shall, not later than 180 days after the date of enactment of
the Energy Permitting Reform Act of 2024, promulgate rules for
cost recovery, to be paid by permit applicants or lessees, to
facilitate the timely coordination and processing of leases,
permits, and authorizations and to reimburse the Secretary for
all reasonable administrative costs incurred from the
inspection and monitoring of activities thereunder.''.
(e) Federal Permitting Process.--Not later than 1 year after the
date of enactment of this Act, the Secretary of the Interior shall
promulgate regulations and establish a Federal permitting process to
allow for simultaneous, concurrent consideration of multiple phases of
a geothermal project, including--
(1) surface exploration;
(2) geophysical exploration (including well drilling);
(3) production well drilling; and
(4) use of geothermal resources (including power plant
construction).
(f) Geothermal Production Parity.--Section 390 of the Energy Policy
Act of 2005 (42 U.S.C. 15942) is amended--
(1) in subsection (a)--
(A) by striking ``(NEPA)'' and inserting ``(42 U.S.C.
4321 et seq.) (referred to in this section as
`NEPA')'';
(B) by inserting ``(30 U.S.C. 181 et seq.)'' after
``Mineral Leasing Act''; and
(C) by inserting ``, or the Geothermal Steam Act of
1970 (30 U.S.C. 1001 et seq.) for the purpose of
exploration or development of geothermal resources''
before the period at the end; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``oil or gas'' and
inserting ``oil, gas, or geothermal resources''; and
(B) in paragraph (3), by striking ``oil or gas'' and
inserting ``oil, gas, or geothermal resources''.
(g) Geothermal Ombudsman.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the Interior shall
appoint within the Bureau of Land Management a Geothermal
Ombudsman.
(2) Duties.--The Geothermal Ombudsman appointed under
paragraph (1) shall--
(A) act as a liaison between--
(i) the individual field offices of the
Bureau of Land Management;
(ii) the Division Chief of the National
Renewable Energy Coordination Office of the
Bureau of Land Management; and
(iii) the Director of the Bureau of Land
Management;
(B) provide dispute resolution services between the
individual field offices of the Bureau of Land
Management and applicants for geothermal resource
permits;
(C) monitor and facilitate permit processing
practices and timelines across individual field offices
of the Bureau of Land Management;
(D) develop best practices for the permitting and
leasing process for geothermal resources; and
(E) coordinate with the Federal Permitting
Improvement Steering Council.
(3) Report.--The Geothermal Ombudsman shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives
an annual report that describes the activities of the
Geothermal Ombudsman and evaluates the effectiveness of
geothermal permit processing during the preceding 1-year
period.
SEC. 209. ELECTRIC GRID PROJECTS.
(a) Definition of Previously Disturbed or Developed.--In this
section, the term ``previously disturbed or developed'' has the meaning
given the term in section 1021.410(g)(1) of title 10, Code of Federal
Regulations (or successor regulations).
(b) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, to facilitate timely permitting, the Secretary
of the Interior and the Secretary of Agriculture shall each develop or
adopt 1 or more categorical exclusions, including allowing for
extraordinary circumstances under which the categorical exclusion shall
not be available, under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) for the following activities:
(1) Placement of an electric transmission or distribution
facility in an approved right-of-way corridor, if the corridor
was approved during the 5-year period ending on the date of
placement of the facility.
(2) Any repair, maintenance, replacement, upgrade,
modification, optimization, or minor relocation of, or addition
to, an existing electric transmission or distribution facility
or associated infrastructure, including electrical substations,
within an existing right-of-way or on otherwise previously
disturbed or developed land, including reconductoring and
installation of grid-enhancing technologies.
(3) Construction, operation, upgrade, or decommissioning of a
battery or other energy storage technology on previously
disturbed or developed land.
SEC. 210. HARDROCK MINING MILL SITES.
(a) Multiple Mill Sites.--Section 2337 of the Revised Statutes (30
U.S.C. 42) is amended by adding at the end the following:
``(c) Additional Mill Sites.--
``(1) Definitions.--In this subsection:
``(A) Mill site.--The term `mill site' means a
location of public land that is reasonably necessary
for waste rock or tailings disposal or other operations
reasonably incident to mineral development on, or
production from land included in a plan of operations.
``(B) Operations; operator.--The terms `operations'
and `operator' have the meanings given those terms in
section 3809.5 of title 43, Code of Federal Regulations
(as in effect on the date of enactment of this
subsection).
``(C) Plan of operations.--The term `plan of
operations' means a plan of operations that an operator
must submit and the Secretary of the Interior or the
Secretary of Agriculture, as applicable, must approve
before an operator may begin operations, in accordance
with, as applicable--
``(i) subpart 3809 of title 43, Code of
Federal Regulations (or successor regulations
establishing application and approval
requirements); and
``(ii) part 228 of title 36, Code of Federal
Regulations (or successor regulations
establishing application and approval
requirements).
``(D) Public Land.--The term `public land' means land
owned by the United States that is open to location
under sections 2319 through 2344 of the Revised
Statutes (30 U.S.C. 22 et seq.), including--
``(i) land that is mineral-in-character (as
defined in section 3830.5 of title 43, Code of
Federal Regulations (as in effect on the date
of enactment of this subsection));
``(ii) nonmineral land (as defined in section
3830.5 of title 43, Code of Federal Regulations
(as in effect on the date of enactment of this
subsection)); and
``(iii) land where the mineral character has
not been determined.
``(2) In general.--Notwithstanding subsections (a) and (b),
where public land is needed by the proprietor of a lode or
placer claim for operations in connection with any lode or
placer claim within the proposed plan of operations, the
proprietor may--
``(A) locate and include within the plan of
operations as many mill site claims under this
subsection as are reasonably necessary for its
operations; and
``(B) use or occupy public land in accordance with an
approved plan of operations.
``(3) Mill sites convey no mineral rights.--A mill site under
this subsection does not convey mineral rights to the locator.
``(4) Size of mill sites.--A location of a single mill site
under this subsection shall not exceed 5 acres.
``(5) Mill site and lode or placer claims on same tracts of
public land.--A mill site may be located under this subsection
on a tract of public land on which the claimant or operator
maintains a previously located lode or placer claim.
``(6) Effect on mining claims.--The location of a mill site
under this subsection shall not affect the validity of any lode
or placer claim, or any rights associated with such a claim.
``(7) Patenting.--A mill site under this section shall not be
eligible for patenting.
``(8) Savings provisions.--Nothing in this subsection--
``(A) diminishes any right (including a right of
entry, use, or occupancy) of a claimant;
``(B) creates or increases any right (including a
right of exploration, entry, use, or occupancy) of a
claimant on land that is not open to location under the
general mining laws;
``(C) modifies any provision of law or any prior
administrative action withdrawing land from location or
entry;
``(D) limits the right of the Federal Government to
regulate mining and mining-related activities
(including requiring claim validity examinations to
establish the discovery of a valuable mineral deposit)
in areas withdrawn from mining, including under--
``(i) the general mining laws;
``(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
``(iii) the Wilderness Act (16 U.S.C. 1131 et
seq.);
``(iv) sections 100731 through 100737 of
title 54, United States Code;
``(v) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
``(vi) division A of subtitle III of title
54, United States Code (commonly referred to as
the `National Historic Preservation Act'); or
``(vii) section 4 of the Act of July 23, 1955
(commonly known as the `Surface Resources Act
of 1955') (69 Stat. 368, chapter 375; 30 U.S.C.
612);
``(E) restores any right (including a right of entry,
use, or occupancy, or right to conduct operations) of a
claimant that--
``(i) existed prior to the date on which the
land was closed to, or withdrawn from, location
under the general mining laws; and
``(ii) that has been extinguished by such
closure or withdrawal; or
``(F) modifies section 404 of division E of the
Consolidated Appropriations Act, 2024 (Public Law 118-
42).''.
(b) Abandoned Hardrock Mine Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a separate account, to be known as the
``Abandoned Hardrock Mine Fund'' (referred to in this
subsection as the ``Fund'').
(2) Source of deposits.--Any amounts collected by the
Secretary of the Interior pursuant to the claim maintenance fee
under section 10101(a)(1) of the Omnibus Budget Reconciliation
Act of 1993 (30 U.S.C. 28f(a)(1)) on mill sites located under
subsection (c) of section 2337 of the Revised Statutes (30
U.S.C. 42) shall be deposited into the Fund, to remain
available until expended.
(3) Use.--The Secretary of the Interior may make expenditures
from amounts available in the Fund, without further
appropriations or fiscal year limitation, only to carry out
section 40704 of the Infrastructure Investment and Jobs Act (30
U.S.C. 1245).
(4) Allocation of funds.--Amounts made available under
paragraph (3)--
(A) shall be allocated in accordance with section
40704(e)(1) of the Infrastructure Investment and Jobs
Act (30 U.S.C. 1245(e)(1));
(B) may be transferred in accordance with section
40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)); and
(C) may be used for the administration of the Fund
and section 40704 of the Infrastructure Investment and
Jobs Act (30 U.S.C. 1245) in amounts not to exceed 5
percent of amounts deposited into the Fund.
(c) Clerical Amendments.--Section 10101 of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f) is amended--
(1) by striking ``the Mining Law of 1872 (30 U.S.C. 28-28e)''
each place it appears and inserting ``sections 2319 through
2344 of the Revised Statutes (30 U.S.C. 22 et seq.)'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the second sentence, by striking
``Such claim maintenance fee'' and inserting
the following:
``(B) Fee.--The claim maintenance fee under
subparagraph (A)''; and
(ii) in the first sentence, by striking ``The
holder of'' and inserting the following:
``(A) In general.--The holder of''; and
(B) in paragraph (2)--
(i) in the second sentence, by striking
``Such claim maintenance fee'' and inserting
the following:
``(B) Fee.--The claim maintenance fee under
subparagraph (A)''; and
(ii) in the first sentence, by striking ``The
holder of'' and inserting the following:
``(A) In general.--The holder of''; and
(3) in subsection (b)--
(A) in the second sentence, by striking ``The
location fee'' and inserting the following:
``(2) Fee.--The location fee''; and
(B) in the first sentence, by striking ``The claim
main tenance fee'' and inserting the following:
``(1) In general.--The claim maintenance fee''.
TITLE III--FEDERAL OFFSHORE ENERGY LEASING AND PERMITTING
SEC. 301. OFFSHORE OIL AND GAS LEASING.
(a)Requirement.--Notwithstanding the 2024-2029 National Outer
Continental Shelf Oil and Gas Leasing Program (and any successor
leasing program that does not satisfy the requirements of this
section), the Secretary of the Interior (referred to in this title as
the ``Secretary'') shall conduct not less than 1 oil and gas lease sale
in each of calendar years 2025 through 2029, each of which shall be
conducted not later than August 31 of the applicable calendar year.
(b) Terms and Conditions.--The Secretary shall--
(1) conduct offshore oil and gas lease sales of sufficient
acreage to meet the conditions described in section 50265(b)(2)
of Public Law 117-169 (43 U.S.C. 3006(b)(2));
(2) with respect to an oil and gas lease sale conducted under
subsection (a), offer the same lease form, lease terms,
economic conditions, and stipulations as contained in the
revised final notice of sale entitled ``Gulf of Mexico Outer
Continental Shelf Oil and Gas Lease Sale 261'' (88 Fed. Reg.
80750 (November 20, 2023)); and
(3) if any acceptable bids have been received for any tract
offered in an oil and gas lease sale conducted under subsection
(a), issue such leases not later than 90 days after the lease
sale to the highest bids on the tracts offered, subject to the
procedures described in the Bureau of Ocean Energy Management
document entitled ``Summary of Procedures for Determining Bid
Adequacy at Offshore Oil and Gas Lease Sales Effective March
2016, with Central Gulf of Mexico Sale 241 and Eastern Gulf of
Mexico Sale 226''.
SEC. 302. OFFSHORE WIND ENERGY.
(a) Offshore Wind Lease Sale Requirement.--Effective on the date of
enactment of this Act, the Secretary shall--
(1) subject to the limitations described in section
50265(b)(2) of Public Law 117-169 (43 U.S.C. 3006(b)(2)),
conduct not less than 1 offshore wind lease sale in each of
calendar years 2025 through 2029, each of which shall be
conducted not later than August 31 of the applicable calendar
year; and
(2) if any acceptable bids have been received for a tract
offered in the lease sale, as determined by the Secretary,
issue such leases not later than 90 days after the lease sale
to the highest bidder on the offered tract.
(b) Area Offered for Leasing.--
(1) Total acres for lease.--Subject to paragraph (2), the
Secretary shall offer for offshore wind leasing a sum total of
not less than 400,000 acres per calendar year.
(2) Minimum acreage.--An offshore wind lease issued by the
Secretary that is less than 80,000 acres shall not be counted
toward the acreage requirement under paragraph (1).
(c) Production Goal for Offshore Wind Energy.--
(1) Initial goal.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an initial
target date for an offshore wind energy production goal of 30
gigawatts.
(2) Periodic goal revision.--The Secretary shall, in
consultation with the heads of other relevant Federal agencies,
periodically revise national goals for offshore wind energy
production on the outer Continental Shelf as initially
established under paragraph (1).
(d) Outer Continental Shelf Lands Act.--Section 8(p) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(p)) is amended--
(1) in paragraph (4)(I), by striking ``prevention of
interference with reasonable uses'' and inserting ``prevention
of unreasonable interference with other uses'';
(2) by striking paragraph (10) and inserting the following:
``(10) Applicability.--
``(A) In general.--Except as provided in subparagraph
(B), this subsection does not apply to any area on the
outer Continental Shelf within the exterior boundaries
of any unit of the National Park System, the National
Wildlife Refuge System, the National Marine Sanctuary
System, or any National Monument.
``(B) Exception.--Notwithstanding subparagraph (A),
the Secretary, in consultation with the Secretary of
Commerce under section 304(d) of the National Marine
Sanctuaries Act (16 U.S.C. 1434(d)), may grant rights-
of-way on the outer Continental Shelf within units of
the National Marine Sanctuary System for the
transmission of electricity generated by or produced
from renewable energy.''; and
(3) by adding at the end the following:
``(11) Duration of permits in marine sanctuaries.--
Notwithstanding section 310(c)(2) of the National Marine
Sanctuaries Act (16 U.S.C. 1441(c)(2)), any permit or
authorization granted under that Act that authorizes the
installation, operation, or maintenance of electric
transmission cables on a right-of-way granted by the Secretary
described in paragraph (10)(B) shall be issued for a term equal
to the duration of the right-of-way granted by the
Secretary.''.
(e) Savings Clause.--Nothing in this section, or an amendment made
by this section, modifies the limitations described in section
50265(b)(2) of Public Law 117-169 (43 U.S.C. 3006(b)(2)).
TITLE IV--ELECTRIC TRANSMISSION
SEC. 401. TRANSMISSION PERMITTING.
(a) Definitions.--Section 216 of the Federal Power Act (16 U.S.C.
824p) is amended by striking subsection (a) and inserting the
following:
``(a) Definitions.--In this section:
``(1) Commission.--The term `Commission' means the Federal
Energy Regulatory Commission.
``(2) Improved reliability.--The term `improved reliability'
has the meaning given the term in section 225(a).
``(3) Landowner input.--The term `landowner input' means
input received--
``(A) by the Commission;
``(B) from affected landowners, such as farmers and
ranchers, in the path of the proposed construction or
modification of an electric transmission facility; and
``(C) pursuant to notification provided to, and
consultation with, those affected landowners, farmers,
and ranchers by the Commission.
``(4) Secretary.--The term `Secretary' means the Secretary of
Energy.''.
(b) Construction Permit.--Section 216(b) of the Federal Power Act
(16 U.S.C. 824p(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Except'' and all that follows through ``finds that'' and
inserting ``Except as provided in subsections (d)(1) and (i),
the Commission may, after notice and an opportunity for
hearing, including a public comment period of at least 60 days,
issue one or more permits for the construction or modification
of electric transmission facilities necessary in the national
interest if the Commission finds that'';
(2) in paragraph (1)--
(A) in subparagraph (A)(i), by inserting ``or
modification'' after ``siting''; and
(B) in subparagraph (C)--
(i) in the matter preceding clause (i), by
inserting ``or modification'' after ``siting'';
and
(ii) in clause (i), by striking ``the later
of'' in the matter preceding subclause (I) and
all that follows through the semicolon at the
end of subclause (II) and inserting ``the date
on which the application was filed with the
State commission or other entity;''; and
(3) by striking paragraphs (2) through (6) and inserting the
following:
``(2) the proposed facilities will be used for the
transmission of electric energy in interstate (including
transmission from the outer Continental Shelf to a State) or
foreign commerce;
``(3) the proposed construction or modification is consistent
with the public interest;
``(4) the proposed construction or modification will
significantly reduce transmission congestion in interstate
commerce, protect or benefit consumers, and provide improved
reliability;
``(5) the proposed construction or modification is consistent
with sound national energy policy and will enhance energy
independence;
``(6) the electric transmission facilities are capable of
transmitting electric energy at a voltage of not less than 100
kilovolts or, in the case of facilities that include advanced
transmission conductors (including superconductors), as defined
by the Commission, voltages determined to be appropriate by the
Commission; and
``(7) the proposed modification (including reconductoring)
will maximize, to the extent reasonable and economical, the
transmission capabilities of existing towers, structures, or
rights-of-way.''.
(c) State Siting and Consultation.--Section 216 of the Federal
Power Act (16 U.S.C. 824p) is amended by striking subsection (d) and
inserting the following:
``(d) State Siting and Consultation.--
``(1) Preservation of state siting authority.--The Commission
shall have no authority to issue a permit under subsection (b)
for the construction or modification of an electric
transmission facility within a State except as provided in
paragraph (1) of that subsection.
``(2) Consultation.--In any proceeding before the Commission
under subsection (b), the Commission shall afford each State in
which a transmission facility covered by the permit is or will
be located, each affected Federal agency and Indian Tribe,
private property owners, and other interested persons, a
reasonable opportunity to present their views and
recommendations with respect to the need for and impact of a
facility covered by the permit.
``(3) Landowner input.--In authorizing the construction or
modification of an electric transmission facility under
subsection (b), the Commission shall take into account
landowner input.''.
(d) Rights-of-Way.--Section 216(e)(3) of the Federal Power Act (16
U.S.C. 824p(e)(3)) is amended by striking ``shall conform'' and all
that follows through the period at the end and inserting ``shall be in
accordance with rule 71.1 of the Federal Rules of Civil Procedure.''.
(e) Cost Allocation.--
(1) In general.--Section 216 of the Federal Power Act (16
U.S.C. 824p) is amended by striking subsection (f) and
inserting the following:
``(f) Cost Allocation.--
``(1) Transmission tariffs.--For the purposes of this
section, any transmitting utility that owns, controls, or
operates electric transmission facilities that the Commission
finds to be consistent with the findings under paragraphs (2)
through (6) and, if applicable, (7) of subsection (b) shall
file a tariff or tariff revision with the Commission pursuant
to section 205 and the regulations of the Commission allocating
the costs of the new or modified transmission facilities.
``(2) Transmission benefits.--The Commission shall require
that tariffs or tariff revisions filed under this subsection
are just and reasonable and allocate the costs of providing
service to customers that benefit, in accordance with the cost-
causation principle, including through--
``(A) improved reliability;
``(B) reduced congestion;
``(C) reduced power losses;
``(D) greater carrying capacity;
``(E) reduced operating reserve requirements; and
``(F) improved access to lower cost generation that
achieves reductions in the cost of delivered power.
``(3) Ratepayer protection.--Customers that receive no
benefit, or benefits that are trivial in relation to the costs
sought to be allocated, from electric transmission facilities
constructed or modified under this section shall not be
involuntarily allocated any of the costs of those transmission
facilities, provided, however, that nothing in this section
shall prevent a transmitting utility from recovering such costs
through voluntary agreement with its customers.''.
(2) Savings provision.--If the Federal Energy Regulatory
Commission finds that the considerations under paragraphs (2)
through (6) and, if applicable, (7) of subsection (b) of
section 216 of the Federal Power Act (16 U.S.C. 824p) (as
amended by subsection (b)) are met, nothing in this section or
the amendments made by this section shall be construed to
exclude transmission facilities located on the outer
Continental Shelf from being eligible for cost allocation
established under subsection (f)(1) of that section (as amended
by paragraph (1)).
(f) Coordination of Federal Authorizations for Transmission
Facilities.--Section 216(h) of the Federal Power Act (16 U.S.C.
824p(h)) is amended--
(1) in paragraph (2), by striking the period at the end and
inserting the following: ``, except that--
``(A) the Commission shall act as the lead agency in
the case of facilities permitted under subsection (b)
and section 225; and
``(B) the Department of the Interior shall act as the
lead agency in the case of facilities located on a
lease, easement, or right-of-way granted by the
Secretary of the Interior under section 8(p)(1)(C) of
the Outer Continental Shelf Lands Act (43 U.S.C.
1337(p)(1)(C)).'';
(2) in each of paragraphs (3), (4)(B), (4)(C), (5)(B),
(6)(A), (7)(A), (7)(B)(i), (8)(A)(i), and (9), by striking
``Secretary'' each place it appears and inserting ``lead
agency'';
(3) in paragraph (4)(A), by striking ``As head of the lead
agency, the Secretary'' and inserting ``The lead agency'';
(4) in paragraph (5)(A), by striking ``As lead agency head,
the Secretary'' and inserting ``The lead agency''; and
(5) in paragraph (7)--
(A) in subparagraph (A), by striking ``18 months
after the date of enactment of this section'' and
inserting ``18 months after the date of enactment of
the Energy Permitting Reform Act of 2024''; and
(B) in subparagraph (B)(i), by striking ``1 year
after the date of enactment of this section'' and
inserting ``18 months after the date of enactment of
the Energy Permitting Reform Act of 2024''.
(g) Interstate Compacts.--Section 216(i) of the Federal Power Act
(16 U.S.C. 824p(i)) is amended--
(1) in paragraph (3), by striking ``, including facilities in
national interest electric transmission corridors''; and
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a period;
(B) by striking subparagraph (B); and
(C) by striking ``in disagreement'' in the matter
preceding subparagraph (A) and all that follows through
``(A) the'' in subparagraph (A) and inserting ``unable
to reach an agreement on an application seeking
approval by the''.
(h) Transmission Infrastructure Investment.--Section 219(b)(4) of
the Federal Power Act (16 U.S.C. 824s(b)(4)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) all prudently incurred costs associated with
payments to jurisdictions impacted by electric
transmission facilities developed pursuant to section
216 or 225.''.
(i) Jurisdiction.--Section 216 of the Federal Power Act (16 U.S.C.
824p) is amended by striking subsection (k) and inserting the
following:
``(k) Jurisdiction.--
``(1) ERCOT.--This section shall not apply within the area
referred to in section 212(k)(2)(A).
``(2) Other utilities.--
``(A) In general.--For the purposes of this section,
the Commission shall have jurisdiction over all
transmitting utilities, including transmitting
utilities described in section 201(f), but excluding
any ERCOT utility (as defined in section 212(k)(2)(B)).
``(B) Clarification.--Being subject to Commission
jurisdiction for the purposes of this section shall not
make an entity described in section 201(f) a public
utility for the purposes of section 201(e).''.
(j) Conforming Amendments.--
(1) Section 50151(b) of Public Law 117-169 (42 U.S.C.
18715(b)) is amended by striking ``facilities designated by the
Secretary to be necessary in the national interest under
section 216(a) of the Federal Power Act (16 U.S.C. 824p(a))''
and inserting ``facilities in a geographic area identified
under section 224 of the Federal Power Act''.
(2) Section 1222 of the Energy Policy Act of 2005 (42 U.S.C.
16421) is amended--
(A) in subsection (a)(1)(A), by striking ``in a
national interest electric transmission corridor
designated under section 216(a)'' and inserting ``in a
geographic area identified under section 224''; and
(B) in subsection (b)(1)(A), by striking ``in an area
designated under section 216(a)'' and inserting ``in a
geographic area identified under section 224''.
(3) Section 40106(h)(1)(A) of the Infrastructure Investment
and Jobs Act (42 U.S.C. 18713(h)(1)(A)) is amended by striking
``in an area designated as a national interest electric
transmission corridor pursuant to section 216(a) of the Federal
Power Act 16 U.S.C. 824p(a)'' and inserting ``in a geographic
area identified under section 224 of the Federal Power Act''.
(k) Savings Provision.--Nothing in this section or an amendment
made by this section grants authority to the Federal Energy Regulatory
Commission under the Federal Power Act (16 U.S.C. 791a et seq.) over
sales of electric energy at retail or the local distribution of
electricity.
SEC. 402. TRANSMISSION PLANNING.
(a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et
seq.) is amended by adding at the end the following:
``SEC. 224. TRANSMISSION STUDY.
``(a) In General.--Not later than 1 year after the date of
enactment of this section and every 3 years thereafter, the Secretary
of Energy (referred to in this section as the `Secretary'), in
consultation with affected States and Indian Tribes, shall conduct a
study of electric transmission capacity constraints and congestion.
``(b) Report.--Not less frequently than once every 3 years, the
Secretary, after considering alternatives and recommendations from
interested parties (including an opportunity for comment from affected
States and Indian Tribes), shall issue a report, based on the study
under subsection (a) or other information relating to electric
transmission capacity constraints and congestion, which may identify
any geographic area that--
``(1) is experiencing electric energy transmission capacity
constraints or congestion that adversely affects consumers; or
``(2) is expected to experience such energy transmission
capacity constraints or congestion.
``(c) Consultation.--Not less frequently than once every 3 years,
the Secretary, in conducting the study under subsection (a) and issuing
the report under subsection (b), shall consult with affected
transmission planning regions (as defined in section 225(a)) and any
appropriate regional entity referred to in section 215.
``(d) Alaska.--The Secretary--
``(1) shall, in consultation with the State of Alaska and
affected Indian Tribes, consider any intrastate transmission
capacity constraints and congestion within the State of Alaska
in the study under subsection (a); and
``(2) in issuing the report under subsection (b), may,
subject to the approval of the Regulatory Commission of Alaska,
identify any geographic area in the State of Alaska that--
``(A) is experiencing electric energy transmission
capacity constraints or congestion that adversely
affects consumers; or
``(B) is expected to experience such energy
transmission capacity constraints or congestion.
``SEC. 225. PLANNING FOR TRANSMISSION FACILITIES THAT ENHANCE GRID
RELIABILITY, AFFORDABILITY, AND RESILIENCE.
``(a) Definitions.--In this section:
``(1) Commission.--The term `Commission' means the Federal
Energy Regulatory Commission.
``(2) ERO.--The term `ERO' has the meaning given the term in
section 215(a).
``(3) Improved reliability.--The term `improved reliability'
means that, on balance, considering each of the matters
described in subparagraphs (A) through (D), reliability is
improved in a material manner that benefits customers through
at least one of the following:
``(A) facilitating compliance with a mandatory
standard for reliability approved by the Commission
under section 215;
``(B) a reduction in expected unserved energy, loss
of load hours, or loss of load probability (as defined
by the ERO);
``(C) facilitating compliance with a tariff
requirement or process for resource adequacy on file
with the Commission; and
``(D) any other similar material improvement,
including a reduction in correlated outage risk, such
as achieved through increased geographic or resource
diversification.
``(4) Interregional transmission facility.--The term
`interregional transmission facility' means a transmission
facility that--
``(A) is located within 2 or more neighboring
transmission planning regions; or
``(B) significantly impacts the ability of 1 or more
transmission planning regions to transmit electric
energy among neighboring transmission planning regions.
``(5) Transmission planning region.--
``(A) In general.--The term `transmission planning
region'--
``(i) when used in a geographical sense,
means a region for which the Commission
determines that electric transmission planning
is appropriate, such as a region established in
accordance with Order No. 1000 of the
Commission, entitled `Transmission Planning and
Cost Allocation by Transmission Owning and
Operating Public Utilities' (76 Fed. Reg. 49842
(August 11, 2011)); and
``(ii) when used in a corporate sense, means
the Transmission Organization or other entity
responsible for planning or operating electric
transmission facilities within a region
described in clause (i).
``(B) Exclusion.--The term `transmission planning
region' does not include the Electric Reliability
Council of Texas or the region served by members of the
Electric Reliability Council of Texas.
``(b) Jurisdiction.--
``(1) ERCOT.--This section shall not apply within the area
referred to in section 212(k)(2)(A).
``(2) Other utilities.--
``(A) In general.--For the purposes of this section,
the Commission shall have jurisdiction over all
transmitting utilities, including transmitting
utilities described in section 201(f), but excluding
any ERCOT utility (as defined in section 212(k)(2)(B)).
``(B) Clarification.--Being subject to Commission
jurisdiction for the purposes of this section shall not
make an entity described in section 201(f) a public
utility for the purposes of section 201(e).
``(c) Rulemaking Requirement.--Not later than 180 days after the
date of enactment of this section, the Commission shall, consistent
with the requirements of this section, by rule--
``(1) require neighboring transmission planning regions to
jointly plan with each other;
``(2) require each transmission planning region to submit to
the Commission for approval a joint interregional transmission
plan with each of its neighboring transmission planning
regions, which requirement may, at the discretion of the
transmission planning region, be satisfied through the
submission of--
``(A) a separate joint interregional transmission
plan with each of its neighboring transmission planning
regions; or
``(B) 1 or more joint interregional transmission
plans, any of which may be submitted with any 1 or more
of its neighboring transmission planning regions; and
``(3) establish rate treatments for interregional
transmission planning and cost allocation.
``(d) Plan Elements.--The Commission shall require, within the rule
under subsection (c), that joint interregional transmission plans
contain the following elements:
``(1) Compatibility.--A common set of input assumptions and
models, on a consistent timeline, that--
``(A) allow for the joint identification and
selection, by transmission planning regions, of
specific interregional transmission facilities for
construction or modification, including through the use
of advanced transmission conductors (including
superconductors) and reconductoring;
``(B) consider, to the extent reasonable and
economical, modifications that maximize the
transmission capabilities of existing towers,
structures, or rights-of-way; and
``(C) consider existing transmission plans.
``(2) Transmission benefits.--A common set of benefits for
interregional transmission planning and cost allocation,
including--
``(A) improved reliability;
``(B) reduced congestion;
``(C) reduced power losses;
``(D) greater carrying capacity;
``(E) reduced operating reserve requirements; and
``(F) improved access to lower cost generation that
achieves reductions in the cost of delivered power.
``(3) Selection criteria.--Criteria governing the selection
by transmission planning regions, for construction or
modification, of interregional transmission facilities that--
``(A) provide improved reliability;
``(B) protect or benefit consumers; and
``(C) are consistent with the public interest.
``(e) Deadline; Updates.--The joint interregional transmission
plans required to be submitted to the Commission pursuant to the rule
under subsection (c) shall be--
``(1) submitted to the Commission not later than 2 years
after the date of enactment of this section; and
``(2) updated not less frequently than once every 4 years.
``(f) Commission Review.--The Commission shall--
``(1) review each joint interregional transmission plan
submitted pursuant to the rule under subsection (c); and
``(2) approve the joint interregional transmission plan if
the Commission finds that the plan--
``(A) meets the requirements of subsection (d);
``(B) allocates costs in accordance with subsection
(g);
``(C) ensures that all rates, charges, terms, and
conditions will be just and reasonable and not unduly
discriminatory or preferential; and
``(D) is consistent with the public interest.
``(g) Cost Allocation.--
``(1) Transmission tariffs.--For the purposes of this
section, any transmitting utility that owns, controls, or
operates electric transmission facilities constructed or
modified as a result of this section shall file a tariff or
tariff revision with the Commission pursuant to section 205 and
the regulations of the Commission allocating the costs of the
new or modified transmission facilities.
``(2) Requirement.--The Commission shall require that tariffs
or tariff revisions filed under this section are just and
reasonable and allocate the costs of providing service to
customers that benefit, in accordance with the cost-causation
principle, including through the benefits described in
subsection (d)(2).
``(3) Ratepayer protection.--Customers that receive no
benefit, or benefits that are trivial in relation to the costs
sought to be allocated, from electric transmission facilities
constructed or modified under this section shall not be
involuntarily allocated any of the costs of those transmission
facilities.
``(h) Construction Permit.--For the purposes of obtaining a
construction permit under section 216(b), a project that is selected by
transmission planning regions pursuant to a joint interregional
transmission plan shall be considered to satisfy paragraphs (2) through
(6) and, if applicable, (7) of that section.
``(i) Dispute Resolution.--In the event of a dispute between
transmission planning regions with respect to a material element of a
joint interregional transmission plan--
``(1) the transmission planning regions shall submit to the
Commission their respective proposals for resolving the
material element in dispute for resolution; and
``(2) not later than 60 days after the proposals are
submitted under paragraph (1), the Commission shall issue an
order directing a resolution to the dispute.
``(j) Failure to Submit Plan.--In the event that neighboring
transmission planning regions fail to submit to the Commission a joint
interregional transmission plan under this section, the Commission
shall, as the Commission determines to be appropriate--
``(1) grant a request to extend the time for submission of
the joint interregional transmission plan; or
``(2) require, by order, the transmitting utilities within
the affected transmission planning regions to comply with a
joint interregional transmission plan approved by the
Commission--
``(A) based on the record of the planning process
conducted by the affected transmission planning
regions; and
``(B) in accordance with the cost allocation
provisions in subsection (g).
``(k) NEPA.--For purposes of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.)--
``(1) any approval of a joint interregional transmission plan
under subsection (f) or (j) or order directing resolution of a
dispute under subsection (i) shall not be considered a major
Federal action; and
``(2) any permit granted under section 216(b) for a project
that is selected by transmission planning regions pursuant to a
joint interregional transmission plan shall be considered a
major Federal action.
``(l) Savings Provision.--Except as expressly provided in this
section, nothing in this section shall be construed as conferring,
limiting, or impairing any authority of the Commission under any other
provision of law.''.
(b) Conforming Amendments.--Section 201 of the Federal Power Act
(16 U.S.C. 824) is amended--
(1) in subsection (b)(2)--
(A) in the first sentence, by striking ``and 222''
and inserting ``222, and 225''; and
(B) in the second sentence, by striking ``or 222''
and inserting ``222, or 225''; and
(2) in subsection (e)--
(A) by striking ``206(f),''; and
(B) by striking ``or 222'' and inserting ``222, or
225''.
(c) Savings Provision.--Nothing in this section or an amendment
made by this section grants authority to the Federal Energy Regulatory
Commission under the Federal Power Act (16 U.S.C. 791a et seq.) over
sales of electric energy at retail or the local distribution of
electricity.
TITLE V--ELECTRIC RELIABILITY
SEC. 501. RELIABILITY ASSESSMENTS.
Section 215 of the Federal Power Act (16 U.S.C. 824o) is amended by
striking subsection (g) and inserting the following:
``(g) Reliability Reports.--
``(1) Periodic assessments.--The ERO shall conduct periodic
assessments of the reliability and adequacy of the bulk-power
system in North America.
``(2) Reliability assessments for regulations.--(A) Whenever
the Commission determines, on its own motion or on request from
another Federal agency, an affected transmission organization,
or any State commission, that a rule, regulation, or standard
proposed by a Federal agency other than the Commission is
likely to result in a violation of a tariff requirement or
process for resource adequacy on file with the Commission or a
mandatory standard for reliability approved by the Commission,
the Commission shall require, by order, the ERO to assess and
report on the effects of the proposed rule, regulation, or
standard on the reliable operation of the bulk-power system.
``(B) An ERO reliability assessment ordered under
subparagraph (A) shall--
``(i) identify any reasonably foreseeable
significant adverse effects on the reliable
operation of the bulk-power system that the ERO
anticipates will result from the proposed rule,
regulation, or standard;
``(ii) account for mitigations that will be
available under existing rules, regulations, or
tariffs governing facilities of the bulk-power
system under this Act that will reduce or
prevent significant adverse effects on the
reliable operation of the bulk-power system
from the proposed rule, regulation, or
standard; and
``(iii) take into account the technical views
of affected transmission organizations
regarding effects on the reliable operation of
the bulk-power system from the proposed rule,
regulation, or standard.
``(C) The ERO shall--
``(i) submit the report required under
subparagraph (A) to the public docket of the
Federal agency proposing the rule, regulation,
or standard, and, if practicable, make such
submission within the time period established
by such Federal agency for submission of public
comments on the proposed rule, regulation, or
standard;
``(ii) submit such report to the Commission;
and
``(iii) publish such report in a publicly
available format.
``(D) This paragraph shall apply to proposed rules,
regulations, or standards pending on, or proposed on or
after, the date of enactment of this paragraph.''.
TITLE VI--LIQUEFIED NATURAL GAS EXPORTS
SEC. 601. ACTION ON APPLICATIONS.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended--
(1) in subsection (e)(3)(A), by inserting ``and subsection
(g)'' after ``subparagraph (B)''; and
(2) by adding at the end the following:
``(g) Deadline to Act on Certain Export Applications.--
``(1) In general.--The Commission shall grant or deny an
application under subsection (a) to export to a foreign country
any natural gas from the United States not later than 90 days
after the later of--
``(A) the date on which the notice of availability
for each final review required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for the exporting facility is published with
respect to an application--
``(i) under subsection (e); or
``(ii) for a license for the ownership,
construction, or operation of a deepwater port,
under section 4 of the Deepwater Port Act of
1974 (33 U.S.C. 1503); and
``(B) the date of enactment of this subsection.
``(2) Applications to re-export.--The Commission shall grant
or deny an application under subsection (a) to re-export to
another foreign country any natural gas that has been exported
from the United States to Canada or Mexico for liquefaction in
Canada or Mexico, or the territorial waters of Canada or
Mexico, not later than 90 days after the later of--
``(A) the date on which the notice of availability
for each draft review required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for the application is published; and
``(B) the date of enactment of this subsection.
``(3) Applications for extensions.--The Commission shall
grant or deny an application for an extension of a previously
issued authorication to export natural gas described in
paragraph (1) or (2) not later than 90 days after the later
of--
``(A) the date the application for extension is
received by the Commission; and
``(B) the date of enactment of this subsection.
``(4) Failure to act.--If the Commission fails to grant or
deny an application subject to this subsection by the
applicable date required by this subsection, the application
shall be considered to be granted and a final agency order.''.
SEC. 602. SUPPLEMENTAL REVIEWS.
(a) Definitions.--In this section:
(1) 2018 lng export study.--The term ``2018 LNG Export
Study'' means the report entitled ``Macroeconomic Outcomes of
Market Determined Levels of U.S. LNG Exports'', prepared by
NERA Economic Consulting for the National Energy Technology
Laboratory of the Department of Energy, published June 7, 2018.
(2) 2019 life cycle ghg review.--The term ``2019 Life Cycle
GHG Review'' means the report entitled ``Life Cycle Greenhouse
Gas Perspective on Exporting Liquefied Natural Gas from the
United States'', prepared by S. Roman-White, S. Rai, J.
Littlefield, G. Cooney, and T.J. Skone for the National Energy
Technology Laboratory of the Department of Energy, published
September 12, 2019.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Energy.
(4) Supplemental greenhouse gas review.--The term
``supplemental greenhouse gas review'' means a review prepared
or commissioned by the Department of Energy and published after
January 26, 2024, that analyzes the life cycle greenhouse gas
emissions of liquefied natural gas exports from the United
States, including consideration of the modeling parameters used
in the 2019 Life Cycle GHG Review.
(5) Supplemental macroeconomic review.--The term
``supplemental macroeconomic review'' means a review prepared
or commissioned by the Department of Energy and published after
January 26, 2024, that analyzes the macroeconomic outcomes of
different levels of liquefied natural gas exports from the
United States, including consideration of the natural gas
market factors and macroeconomic factors analyzed in the 2018
LNG Export Study.
(6) Supplemental review.--The term ``supplemental review''
means a supplemental greenhouse gas review or a supplemental
macroeconomic review.
(b) Requirements for Supplemental Reviews.--
(1) Notice and comment on proposed supplemental reviews.--
Before finalizing a supplemental review, the Secretary shall
publish a notice of availability of the proposed supplemental
review in the Federal Register pursuant to the notice and
comment provisions of section 553 of title 5, United States
Code.
(2) Quality of supplemental reviews.--A supplemental review
shall be subject to a peer review process consistent with the
final bulletin of the Office of Management and Budget entitled
``Final Information Quality Bulletin for Peer Review'' (70 Fed.
Reg. 2664 (January 14, 2005)) (or successor guidance).
(3) Pending applications.--For a review of an application to
grant, deny, or extend an order under section 3(a) of the
Natural Gas Act (15 U.S.C. 717b(a)) to export to a foreign
country any natural gas from an LNG terminal in the United
States or from a facility subject to section 4 of the Deepwater
Port Act of 1974 (33 U.S.C. 1503), or to re-export to another
foreign country any natural gas that has been exported from the
United States to Canada or Mexico for liquefaction in Canada or
Mexico, or the territorial waters of Canada or Mexico, the
Secretary shall base any evaluation of--
(A) macroeconomic outcomes on the results of the 2018
LNG Export Study, or predecessor documents, unless and
until the Secretary finalizes and implements a
supplemental macroeconomic review; and
(B) life cycle greenhouse gas emissions on the
results of the 2019 Life Cycle GHG Review, or
predecessor documents, unless and until the Secretary
finalizes and implements a supplemental greenhouse gas
review.
TITLE VII--HYDROPOWER
SEC. 701. HYDROPOWER LICENSE EXTENSIONS.
(a) Definition of Covered Project.--In this section, the term
``covered project'' means a hydropower project with respect to which
the Federal Energy Regulatory Commission issued a license before March
13, 2020.
(b) Authorization of Extension.--Notwithstanding section 13 of the
Federal Power Act (16 U.S.C. 806), on the request of a licensee of a
covered project, the Federal Energy Regulatory Commission may, after
reasonable notice and for good cause shown, extend in accordance with
subsection (c) the period during which the licensee is required to
commence construction of the covered project for an additional 4 years
beyond the 8 years authorized by that section.
(c) Period of Extension.--An extension of time to commence
construction of a covered project under subsection (b) shall--
(1) begin on the date on which the final extension of the
period for commencement of construction granted to the licensee
under section 13 of the Federal Power Act (16 U.S.C. 806)
expires; and
(2) end on the date that is 4 years after the latest date to
which the Federal Energy Regulatory Commission is authorized to
extend the period for commencement of construction under that
section.
(d) Reinstatement of Expired License.--If the time period required
under section 13 of the Federal Power Act (16 U.S.C. 806) to commence
construction of a covered project expires after December 31, 2023, and
before the date of enactment of this Act--
(1) the Federal Energy Regulatory Commission may reinstate
the license for the applicable project effective as of the date
of expiration of the license; and
(2) the extension authorized under subsection (b) shall take
effect on the date of that expiration.
SEC. 702. IDENTIFYING AND REMOVING MARKET BARRIERS TO HYDROPOWER.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Water power technologies.--The term ``water power
technologies'' means hydropower in all its forms and modes of
operation, including--
(A) conventional water power projects that use dams,
conduits, or similar infrastructure to store, divert,
or impound water to generate electricity; and
(B) marine and hydrokinetic technologies that use--
(i) waves, tides, and currents; or
(ii) temperature differentials in oceans,
estuaries, tidal areas, rivers, lakes, streams,
or manmade channels.
(b) Report on Hydropower Market Barriers.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Commission, in consultation with the
Secretary of Energy, shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report--
(A) describing any market barriers to the development
and proper compensation of conventional, storage,
conduit, and emerging hydropower technologies related
to--
(i) rules of Transmission Organizations (as
defined in section 3 of the Federal Power Act
(16 U.S.C. 796));
(ii) regulations or policies--
(I) of the Commission; or
(II) under the Federal Power Act (16
U.S.C. 791a et seq.); or
(iii) other Federal and State laws and
policies unique to hydropower development,
operation, and regulation, as compared to other
sources of electricity;
(B) containing recommendations of the Commission for
reducing market barriers described in subparagraph (A);
(C) identifying and determining any regulatory,
market, procurement, or cost recovery mechanisms that
would--
(i) encourage development of conventional,
storage, conduit, and emerging hydropower
technologies; and
(ii) properly compensate conventional,
storage, conduit, and emerging hydropower
technologies for the full range of services
provided to the electric grid, including--
(I) balancing electricity supply and
demand;
(II) ensuring grid reliability;
(III) providing ancillary services;
(IV) contributing to the
decarbonization of the electric grid;
and
(V) integrating intermittent power
sources into the grid in a cost-
effective manner; and
(D) identifying ownership and development models that
could reduce market barriers to the development of
conventional, storage, conduit, and emerging hydropower
technologies, including--
(i) opportunities for risk-sharing mechanisms
and partnerships, including co-ownership
models; and
(ii) opportunities to foster lease-sale and
lease-back arrangements with publicly owned
electric utilities.
(2) Technical conference and public comment.--In preparing
the report under paragraph (1), the Commission shall solicit
public input, including by convening a technical conference and
providing an opportunity for public submission of written
comments on a draft report.
SEC. 703. REGULATIONS TO ALIGN TIMETABLES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Federal Energy Regulatory Commission (referred to in
this section as the ``Commission'') shall issue regulations under part
I of the Federal Power Act (16 U.S.C. 792 et seq.), as the Commission
determines to be appropriate, that seek to ensure all original
licensing and relicensing decisions under that part may be made by the
date that is not later than 180 days after the date on which an
environmental document prepared in compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is published
with respect to the applicable project.
(b) Reports.--
(1) In general.--Not later than 1 year after the date on
which the regulations required under subsection (a) are issued,
the Commission shall submit to Congress a report describing any
regulations outside of the jurisdiction of the Commission, and
any relevant statutory requirements, that would prevent a
project from meeting the timetables established pursuant to
those regulations.
(2) Annual report under nepa.--The Commission shall include
in each annual report submitted under section 107(h) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336a(h))
a description of--
(A) all licensing and relicensing applications that
failed to meet the applicable timetable established
pursuant to subsection (a) during the period covered by
the report; and
(B) the reasons for each failure to meet that
timetable.
(c) Effect.--Nothing in this section modifies the obligations of
the Commission or any other agency under--
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(2) the Federal Power Act (16 U.S.C. 791a et seq.); or
(3) any other Federal law.
TITLE VIII--HIRING AND RETENTION
SEC. 801. FEDERAL ENERGY REGULATORY COMMISSION STAFFING.
(a) Consultation Requirement.--Section 401(k) of the Department of
Energy Organization Act (42 U.S.C. 7171(k)) is amended--
(1) by striking paragraph (6); and
(2) by redesignating paragraph (7) as paragraph (6).
(b) Certification Requirements.--Section 401(k)(2)(A) of the
Department of Energy Organization Act (42 U.S.C. 7171(k)(2)(A)) is
amended by striking ``or mathematical'' and inserting ``mathematical,
economic, or legal''.
SEC. 802. COMPENSATION FLEXIBILITY TO ADDRESS RETENTION AND HIRING
ISSUES AT THE BONNEVILLE POWER ADMINISTRATION.
Section 10 of the Act of August 20, 1937 (commonly known as the
``Bonneville Project Act of 1937'') (50 Stat. 736, chapter 720; 16
U.S.C. 832i), is amended by striking the section designation and
subsections (a) and (b) and inserting the following:
``SEC. 10. EMPLOYMENT OF PERSONNEL.
``(a) Employee Compensation Program.--
``(1) In general.--Notwithstanding any other law, rule,
regulation, or directive relating to the payment of Federal
employees (other than chapter 83 of title 5, United States
Code), the administrator shall develop, implement, and, as
appropriate, update, based on the results of an annual review
under paragraph (4), a compensation plan that specifies and
fixes the compensation (including salary or any other pay,
bonuses, benefits, incentives, and any other form of
remuneration) for employees of the administrator, including
members of the Senior Executive Service (as defined in section
2101a of title 5, United States Code).
``(2) Initial compensation plan.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Energy Permitting Reform Act
of 2024, the administrator shall, in consultation with
the Director of the Office of Personnel Management, and
subject to confirmation and approval by the Secretary
of Energy, which shall not be unreasonably withheld,
develop an initial compensation plan under paragraph
(1).
``(B) Implementation.--Not later than 1 year after
the date on which the initial compensation plan is
developed under subparagraph (A), the administrator
shall implement the initial compensation plan.
``(3) Requirements.--A compensation plan developed under
paragraph (1) shall--
``(A) be based on an annual survey of the prevailing
compensation for similar positions in the public
sectors of the electric industry;
``(B) be consistent with the approved annual general
and administrative budget of the administrator and
encourage the widest diversified use of electric power
at the lowest possible rates to consumers consistent
with sound business principles;
``(C) provide that education, experience, level of
responsibility, geographic differences, and retention
and recruitment needs are to be taken into account in
determining the compensation of employees of the
administrator;
``(D) provide that the individual total compensation
of the administrator and any employee of the
administrator shall be comparable to and competitive
with similar positions among consumer-owned utilities
in the Western Interconnection.
``(4) Annual review.--
``(A) In general.--Annually, the administrator shall
review and update, as appropriate, the compensation
plan developed under paragraph (1).
``(B) Compensation of the administrator.--
Notwithstanding any other law, rule, regulation, or
directive relating to the payment of the administrator
(other than chapter 83 of title 5, United States Code),
the Secretary shall periodically review and update, as
appropriate, the compensation of the administrator
consistent with paragraph (3)(D).
``(C) Publication of information.--The administrator
shall include in the quarterly public business review
of the administrator or any other appropriate public
review of the operations and finances of the
administrator information on the applicable annual
compensation plan review under subparagraph (A),
including information on the amount of salaries of any
employees whose annual salaries would exceed the annual
rate payable for positions at Level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
``(5) Annual publication.--Annually, the administrator shall
publish the compensation plan developed under paragraph (1) or
updated under paragraph (4), as applicable.
``(b) Appointment; Employment.--
``(1) In general.--The administrator may, as the
administrator determines to be necessary to carry out this Act,
subject to applicable civil service laws--
``(A) appoint any officers and employees;
``(B) employ laborers, mechanics, and workers for
construction work or the operation and maintenance of
electrical facilities; and
``(C) fix the compensation of individuals appointed
under subparagraph (A) or (B), respectively, consistent
with the applicable compensation plan developed under
subsection (a)(1).
``(2) Exemption from certain civil service laws.--In carrying
out the authority provided by paragraph (1), the administrator
shall be exempt from chapters 34, 43, 51, 53, 57, and 59 of
title 5, United States Code.
``(3) Application of merit system principles.--Employees of
the administrator are subject to the application of the merit
system principles set forth in section 2301 of title 5, United
States Code, to the extent that the principles apply to a
wholly owned Government corporation.
``(4) Employment of physicians.--The administrator may employ
physicians, without regard to the civil service laws (including
regulations), to perform physical examinations of employees of
the administrator or prospective employees of the administrator
who are or may become laborers, mechanics, and workers
described in paragraph (1)(B).
``(5) Employment of experts.--The administrator may appoint,
without regard to the civil service laws (including
regulations), any experts that the administrator determines to
be necessary to carry out the functions of the administrator
under this Act.''.
SEC. 803. NORTHWEST POWER AND CONSERVATION COUNCIL.
Section 4(c)(10)(B) of the Pacific Northwest Electric Power
Planning and Conservation Act (16 U.S.C. 839b(c)(10)(B)) is amended by
striking the period at the end and inserting ``, adjusted for inflation
since the date of enactment of the Energy Permitting Reform Act of
2024.''.
SEC. 804. FEDERAL ENERGY REGULATORY COMMISSION PERSONNEL SAFETY.
The Federal Energy Regulatory Commission may authorize employees of
the Federal Energy Regulatory Commission to perform law enforcement
duties as needed to ensure the safety of the Chairman and Commissioners
of the Federal Energy Regulatory Commission in the performance of the
official duties of the Chairman and Commissioners, respectively.
Purpose
The purpose of S. 4753 is to reform leasing, permitting,
and judicial review for certain energy and minerals projects,
and for other purposes.
Background and Need
Our nation depends on the reliable domestic production and
transmission of adequate supplies of affordable energy and
minerals to light, heat, and cool our homes, to fuel our
industries and commerce, and to ensure our national security.
It depends too on a fair and efficient regulatory system to
regulate the development of our energy and mineral resources
and ensure that they are developed in a timely and responsible
manner.
That is because much of our energy, whether coal, oil, or
natural gas, or solar, wind, or geothermal energy, is produced
on federal land, whether onshore or offshore. Much of our
hydroelectric energy is generated by federally owned or
licensed dams. Many of the non-fuel minerals upon which we
depend are also mined on federal land. Energy must be
transmitted from where it is generated to where it is consumed
by federally regulated interstate natural gas pipelines and
electric transmission lines.
Permitting systems breaks down when lease sales are
arbitrarily ``paused'' or cancelled, permit issuance is
unreasonably delayed, natural gas export facilities are unable
to get necessary permits, builders of electric transmission
facilities are unable to plan new infrastructure and acquire
rights-of-way, and permitting decisions are trapped in unending
cycles of litigation. These problems are even more acute today,
in light of global conflicts in which energy is being used as a
weapon.
Legislation is needed to improve the federal permitting
process for energy and minerals to ensure timely and predicable
permitting decisions and to ensure the nation has adequate
supplies of affordable and reliable energy and minerals.
Legislative History
S. 4753 was introduced by Senators Manchin and Barrasso on
July 23, 2024, and ordered reported by the Committee on Energy
and Natural Resources with an amendment in the nature of a
substitute on July 31, 2024.
Senator Manchin began working on what became S. 4753 began
in early 2022, during the 117th Congress, shortly after Russia
invaded Ukraine. Prior legislation, the Building American
Energy Security Act of 2022, was offered by Senator Schumer for
Senator Manchin on December 13, 2022, as Amendment No. 6513 to
H.R. 7776, the National Defense Authorization Act for Fiscal
Year 2023. 168 Cong. Rec. S7137-S7145 (Dec. 13, 2022). The
amendment was withdrawn, however, when the Senate failed to
invoke cloture on the amendment by a vote of 47 to 47 on
December 15, 2022. 168 Cong. Rec. S7233 (Dec. 15, 2022).
Senator Manchin introduced similar legislation, S. 1399,
the Building American Energy Security Act of 2023, early in the
118th Congress, on May 2, 2023. Senator Barrasso introduced S.
1456, the Spur Permitting of Underdeveloped Resources or SPUR
Act, two days later, on May 4, 2023. The Committee held
oversight hearings on the energy and mineral permitting process
reforms on May 11, 2023, on permitting reforms for electric
transmission lines, pipelines, and energy projects on federal
lands on July 26, 2023, and on growth in demand for electric
power in the United States--a key driver of need for new energy
infrastructure--on May 21, 2024.
Consultations continued between the Chairman and Ranking
Member, with other Senators, with federal regulators, and other
interested parties, including the regulated industries on the
remaining energy and minerals permitting reforms since that
time, culminating in the introduction of S. 4753 on July 23,
2024.
Committee Recommendation and Tabulation of Votes
The Senate Committee on Energy and Natural Resources, in
open business session on July 31, 2024, by a majority vote of a
quorum present, recommends that the Senate pass S. 4753, if
amended as described herein.
The roll call vote on reporting the measure was 15 yeas and
4 nays, as follows:
YEAS NAYS
Mr. Manchin Mr. Wyden*
Ms. Cantwell* Mr. Sanders*
Mr. Heinrich Ms. Hirono*
Mr. King Mr. Hawley
Ms. Cortez Masto
Mr. Hickenlooper
Mr. Padilla
Mr. Barrasso
Mr. Risch
Mr. Lee*
Mr. Daines
Ms. Murkowski
Mr. Hoeven
Mr. Cassidy*
Mrs. Hyde-Smith*
*Indicates vote by proxy.
Committee Amendment
During its consideration of S. 4753, the Committee adopted
an amendment in the nature of a substitute. The substitute
amendment incorporated multiple modifications and amendments
intended to be offered by members of the Committee to S. 4753
as introduced, as well as an amendment to the substitute
adopted by the Committee. The substitute, as amended, added the
Federal Land Policy and Management Act of 1976 and title I of
the Naval Petroleum Reserves Production Act to the list of
statutes and hazardous fuel reduction and forest restoration
projects to the types of authorizations included under section
101(a)(1)(B); added hazardous fuel reduction and forest
restoration projects in section 101(a)(3); revised the
amendment to the Indian Right-of-Way Act in section 205 to
mirror the amendment to the Act reported by the Committee on
Indian Affairs (S. 1322); added definitions in the renewable
energy permitting provision in section 206; added provisions to
protect landowners in eminent domain proceedings under section
401; underscored the preservation of the jurisdictional status
of certain transmitting utilities under sections 401 and 402;
added a study of transmission capacity constraints and
congestion in Alaska in section 402; added new sections 702 and
703 relating to hydropower; and added a new title VIII to
facilitate the hiring and retention of employees at the Federal
Energy Regulatory Commission and the Bonneville Power
Administration, to ensure adequate funding of the Pacific
Northwest Electric Power and Conservation Planning Council, and
to ensure the safety and security of the members of the Federal
Energy Regulatory Commission.
Section-by-Section Analysis
Section 1. Short title; Table of contents
Section 1 provides a short title and table of contents.
TITLE I--ACCELERATING CLAIMS
Section 101. Accelerating claims
Section 101(a) defines key terms used in section 101.
Paragraph (1) defines ``authorization'' to mean a broad
range of administrative decisions under federal law required
for all stages of a ``project'' (as defined in paragraph (3)).
Paragraph (1)(B) provides a list of examples of authorizations
included within the meaning of the term. As used in
subparagraph (B) and throughout the bill, the term ``includes''
or ``including'' is used to as a term of illustration, not
limitation, to introduce a non-exhaustive list of examples. A.
Scalia & B. Garner, Reading Law 132-133 (2012).
Paragraph (2) defines ``environmental document'' to mean a
document prepared under the National Environmental Policy Act
(NEPA) and includes a record of decision, in addition to the
documents listed in the definition of the term given in section
111(5) of NEPA (i.e., an environmental impact statement, an
environmental assessment, or a finding of no significant
impact).
Paragraph (3) defines ``project'' to mean a project that
requires an ``authorization'' and the preparation of an
``environmental document'' and is proposed for the construction
of infrastructure to develop, produce, generate, store,
transport, or distribute energy; to capture, remove, transport,
or store carbon dioxide; to mine, extract, beneficiate, or
process minerals; or for hazardous fuel reduction and forest
restoration to protect communities from wildfire.
Paragraph (4) defines ``project sponsor'' to mean the
entity seeking ``authorization'' for a ``project.''
Subsection (b) establishes a 150-day statute of limitations
to seek judicial review of an agency action granting or denying
an authorization for a project, unless a shorter deadline is
established elsewhere in applicable federal law. The deadline
to file a civil action is based on the date the agency granted
or denied the authorization.
Subsection (c) requires reviewing courts to give priority
to civil actions seeking judicial review of final agency
actions granting or denying authorizations for projects.
Subsection (d) requires that if a court remands a federal
agency authorization for a project back to the agency (with or
without vacating the authorization), the court must set a
reasonable schedule and deadline for the agency to act on
remand, not to exceed 180 days, unless a longer time period is
necessary to comply with applicable law. It also requires
federal agencies to take such actions as may be necessary to
expeditiously resolve remanded actions in accordance with the
schedule and deadline set by the court.
Subsection (e) clarifies that for purposes of the statute
of limitations established in subsection (b), supplemental or
revised environmental documents published at a later date shall
be considered separate actions subject to a separate 150-day
statute of limitations.
Subsection (f) requires that when an agency is served a
copy of a petition for judicial review of an authorization for
a project, the agency shall notify the project sponsor about
the lawsuit within 30 days.
Subsection (g) clarifies that nothing in title I precludes
a project from being designated as a ``covered project'' under
the federal permitting provisions in title 41 of the Fixing
America's Surface Transportation (FAST) Act.
TITLE II--FEDERAL ONSHORE ENERGY LEASING AND PERMITTING
Section 201. Onshore oil and gas leasing
Section 201(a) amends section 50265(b) of Public Law 117-
169 (commonly known as the Inflation Reduction Act), which
requires a balance between wind and solar energy development on
federal land with oil and gas lease sales. The amendment
clarifies that the Secretary of the Interior is required to
offer for lease at least 50 percent of the acreage nominated
for oil and gas leasing, or at least two million acres
(whichever is less), in the year prior to the date on which the
Secretary issues any right-of-way for wind or solar development
on federal land, counting only acres that were nominated in
previously submitted expressions of interest. This
clarification ensures that the leasing requirement is met based
on acreage for which expressions of interest have actually been
submitted for lease sales in previous years.
Subsection (b)(1) amends the oil and gas leasing provisions
in section 17(b) of the Mineral Leasing Act by adding two new
paragraphs (3) and (4) to section 17(b). New paragraph (3)
requires the Secretary to lease parcels as nominated and not
divide them into multiple parcels, unless a subpart of the
submitted parcel is not open to oil or gas leasing under the
approved resource management plan. New paragraph (4) clarifies
that the Secretary must lease parcels under the terms of the
approved resource management plan for the planning area, and
can continue to do so even if that plan is undergoing an
amendment process.
Subsection (b)(2) adds a new paragraph (3) to section 17(q)
of the Mineral Leasing Act to require that the expression of
interest fee for nominated parcels be paid by the winning
bidder, if different than the nominating party.
Section 202. Term of application for permit to drill
Section 202 amends section 17(p) of the Mineral Leasing Act
to provide that approved permits to drill on federal land are
valid for a single four-year period rather than the current
three-year period.
Section 203. Permitting compliance on non-federal land
Section 203(a) removes requirements for a federal permit to
drill for oil and gas wells on non-federal surface land where
the federal government does not own or lease the surface and
owns less than 50 percent of the subsurface minerals, or where
the well is located on non-federal land overlying a non-federal
mineral estate but it enters and produces from a federal
mineral estate or traverses a federal mineral estate.
Subsection 203(a) does not affect requirements state or tribal
permit requirements.
Subsection (b) requires lessees and the applicable state to
notify the Secretary of the Interior of an application for a
state drilling permit and the approval of that application for
any well covered by subsection (a). Subsection (b)(3) requires
the lessee to provide the necessary agreements for the
Secretary to enter the non-federal surface for inspection and
enforcement activities.
Subsection (c) makes clear that section 203 does not apply
on Indian lands.
Subsection (d) clarifies that the removal of a federal
permit in subsection (a) does not impact the amount of
royalties due to the federal government on that lease.
Subsection (e) amends section 17(g) of the Mineral Leasing
Act, relating to the regulation of surface-disturbing
activities, by adding a new paragraph (2) that prohibits the
Secretary from imposing bonding, entry, mitigation, or
reclamation requirements in the case of oil and gas leases on
non-federal surface estate where the federal government owns
less than 50 percent of the subsurface minerals, or where the
well overlies a non-federal mineral estates but enters and
produces from a federal mineral estates or traverses a federal
mineral estate.
Section 204. Coal leases on federal land
Section 204(a) amends the coal leasing provisions in
section 2(a) of the Mineral Leasing Act by adding a new
paragraph (6) that sets deadlines for the Secretary to act on a
request for a lease sale or a lease modification for coal
located on federal lands. Specifically, new paragraph (6)(A)
requires the Secretary of the Interior to commence the review
process for these leases within 90 days of receiving a lease
request. New paragraph (6)(B) requires the Secretary to issue a
record of decision within 90 days of finalizing the
environmental review. Paragraph (6)(C) requires the Secretary
to determine the fair market value of the coal proposed to be
leased within 30 days of issuance of the record of decision.
Subsection (b) makes conforming amendments in section 2(a)
the Mineral Leasing Act.
Subsection (c) corrects a misspelling in section 2(b) of
the Mineral Leasing Act.
Section 205. Rights-of-way across Indian land
Section 205 incorporates the text of section 2(c) of S.
1322 as reported by the Committee Affairs, S. Rept. 118-159. It
adds a new section 8 to the Indian Right-of-Way Act of 1948 (25
U.S.C. Sec. Sec. 323-328).
Subsection (a) of the new section 8 enables Indian Tribes
to grant rights-of-way over their Tribal lands without the
approval of the Secretary of the Interior, so long as the Tribe
grants the right-of-way in accordance with a Tribal regulation
approved by the Secretary. Subsection (b)(2)(A) provides that
the Secretary shall approve a Tribal regulation if consistent
with the Secretary's regulations for administering the Indian
Right-of-Way Act and if it provides for an environmental review
that identifies and evaluates significant environmental impacts
and provides a process for informing the public of any
significant environmental impacts and for receiving and
addressing public comments on significant environmental impact
before approving the right-of-way. Subsection (b)(2)(B) states
that the Secretary of the Interior's decision to approve a
Tribal regulation is not subject to NEPA, the Historic
Preservation Act, or the Endangered Species Act, but does not
otherwise modify the requirements of those laws with respect to
any other actions.
Section 206. Accelerating renewable energy permitting
Section 206(a) defines key terms used in section 206.
Section 206(b) sets deadlines for the Secretaries of the
Interior and Agriculture to act on applications for rights-of-
way on federal land for renewable energy projects. Paragraph
(1)(A) sets a 30-day deadline for determining whether an
application is complete and a 90-day deadline to issue a notice
of intent for projects requiring an environmental impact
statement. Paragraph (2)(A) sets a 30-day deadline to issue a
cost recovery agreement. Paragraph (2)(B) sets a 30-day
deadline for the Secretaries to grant or deny an application if
all legal requirements are complete or to notify the applicant
of actions needing to be taken and timelines for completing
those actions.
Subsection (c)(1) requires the Secretaries of the Interior
and Agriculture to develop new or adopt existing categorical
exclusions for low disturbance activities for renewable energy
projects.
Subsection (c)(2) identifies the ``low disturbance
activities'' referred to in subsection (c)(1). The activities
are: surface disturbances of less than five acres at sites that
have previously undergone NEPA review; activities at a location
at which the same type of activity occurred within five years;
activities on previously disturbed or developed land (as
defined in Department of Energy regulations at 10 C.F.R.
1021.410(g)(1)) that were reasonably foreseeable in previous
relevant NEPA documents approved within the last five years;
installation, modification, operation, or removal of
commercially available solar photovoltaic systems on buildings
or structures (e.g., rooftop or parking lot solar) or
previously disturbed or develop lands comprising less than 10
acres; minor maintenance; preliminary geotechnical
investigations; or constructing and removing meteorological
evaluation towers.
Section 207. Improving renewable energy coordination on federal land
Section 207(a)(1) directs the Secretary of the Interior, in
consultation with the Secretary of Agriculture and other heads
of relevant federal agencies to set a new target date, not
later than 2030, for the authorization of 50 gigawatts of
renewable energy on federal land, under section 3104 of the
Energy Act of 2020.
Subsection (a)(2) amends section 3104 of the Energy Act of
2020 by requiring periodic revision of the national goals in
section 3104(a), and by adding a new subsection (c) to section
3104, to require the Secretary of the Interior, in consultation
with other federal agency heads, to seek to issue permits
authorizing, in total, sufficient electricity to meet or exceed
the national goals.
Subsection (b) adds energy storage (paired with wind,
solar, or geothermal) to the definition of eligible project
under section 3101 of the Energy Act of 2020, including it in
the scope of the Renewable Energy Coordination Office (RECO)
programs.
Subsection (c)(1) amends section 3102 of the Energy Act of
2020. Paragraph (1) augments the Secretary's authority to
assign staff to RECOs under section 3102(a) by making clear he
or she may assign staff ``sufficient to achieve the goals for
renewable energy production on Federal land'' established under
section 3104.
Subsection (c)(2) redesignates subsection current section
(f) and (h).
Subsection (c)(3) adds two new subsections (f) and (g). New
subsection (f) adds a requirement that the national RECO
promulgate energy project review standards to be adopted by the
regional RECOs in order to encourage standardized procedures
and reviews. New subsection (g) clarifies that the Secretary of
the Interior may accept donations from renewable energy
companies to improve community engagement in the permitting
process.
Subsection (d) clarifies that this section does not modify
existing requirements for the Secretary of the Interior to
conduct a minimum amount of onshore oil and gas lease sales in
certain years before issuing rights-of-way for renewable energy
projects in the subsequent year.
Section 208. Geothermal leasing and permitting improvements
Section 208(a) directs the Secretaries of the Interior and
Agriculture to develop new or adopt existing categorical
exclusions under NEPA for activities required to test, monitor,
calibrate, explore, or confirm geothermal resources on federal
land, as long as the individual disturbances are less than ten
acres. These activities may not include the commercial
production of geothermal resources, the commercial use of those
resources, or the construction of permanent roads.
Subsection (b) amends section 4(b)(2) of the Geothermal
Steam Act of 1970 to require annual (instead of biennial)
federal geothermal lease sales and adds a new paragraph (5)
that requires the Secretary to hold replacement sales if
previously scheduled lease sales are cancelled or delayed.
Subsection (c) adds a new subsection (h) to section 4 of
the Geothermal Steam Act of 1970. New subsection (h)(1)
requires the Secretary to notify applicants for geothermal
drilling permits that their application is complete or that
specific information is missing within 10 days after receiving
the application. New subsection (h)(2) requires the Secretary
to grant or deny the application within 30 days after the
applicant submits a complete application if the requirements of
NEPA and other applicable laws are met or to notify the
applicant of the specific actions that need to be taken and the
timelines for completing those actions.
Subsection (d) amends section 24 of the Geothermal Steam
Act of 1970 to direct the Secretary of the Interior to issue
rules for cost recovery to accelerate the processing of
geothermal leases, permits, and authorizations.
Subsection (e) directs the Secretary of the Interior to
issue regulations and establish a permitting process for
simultaneous, concurrent consideration of multiple phases of a
geothermal project.
Subsection (f) amends the categorical exclusions for
certain oil and gas activities in section 390 of the Energy
Policy Act of 2005 to cover geothermal resources in the same
manner.
Subsection (g) directs the Secretary of the Interior to
appoint a Geothermal Ombudsman within the Bureau of Land
Management (BLM) responsible for: liaising between field
offices, the national RECO, and BLM; providing dispute
resolution services between BLM field offices and applicants;
monitoring permit processing and developing best practices; and
coordinating with the Federal Permitting Improvement Steering
Council. Subsection (g)(3) requires the Ombudsman to report
annually to Congress on the Ombudsman's activities and the
effectiveness of geothermal permit processing.
Section 209. Electric grid projects
Section 209(a) defines ``previously disturbed or
developed'' consistent with existing Department of Energy
regulations (i.e., 10 C.F.R. 1021.410(g)(1)).
Subsection (b) directs the Secretaries of the Interior and
Agriculture to develop new or adopt existing categorical
exclusions under NEPA for: developing electric transmission or
distribution facilities within recently approved rights-of-way
corridors; modifications or upgrades to existing electric
transmission or distribution facilities or other grid
infrastructure within existing rights-of-way or on otherwise
previously disturbed or developed land, including
reconductoring and the installation of grid-enhancing
technologies; and the deployment of batteries or other energy
storage technologies on previously disturbed or developed land
(e.g., collocated with an existing power plant).
Section 210. Hardrock mining mill sites
Section 210(a) amends the Mining Law of 1872 by adding a
new subsection (c) to section 2337 of the Revised Statutes. The
new subsection authorizes mining claim holders to establish
mill sites on federal land, whether the land is known to
contain minerals or not, for waste rock or tailings disposal or
other operations reasonably incident to mineral development or
production.
Paragraph (1) of the new subsection (c) defines key terms
used in the subsection.
Paragraph (2) authorizes a mining claim holder to claim as
many mill sites as are reasonably necessary for its operations.
Paragraph (3) states that a mill site does not convey
mineral rights to the claimant.
Paragraph (4) limits the size of each mill site to no more
than 5 acres.
Paragraph (5) allows the holder or operator of a mining
claim to locate a mill site on that mining claim.
Paragraph (6) states that claiming a mill site does not
affect the validity of an associated mining claim.
Paragraph (7) states that the new mill sites are not
eligible for patenting.
Paragraph (8) states that the new subsection (c) does not
affect existing rights or other laws.
Section 210(b) establishes a new Abandoned Hardrock Mine
Fund in the Treasury and directs that all claim maintenance
fees paid by claimants to the Secretary of the Interior under
section 1010 of the Omnibus Budget Reconciliation Act of 1993
for the new mill site claims established under subsection (a)
are to be deposited into the new Fund, where they will be
available, without further appropriation, to carry out the
Abandoned Hardrock Mine Reclamation program established by
section 40704 of the Infrastructure Investment and Jobs Act.
Subsection (c) makes clerical amendments to section 1010 of
the Omnibus Budget Reconciliation Act of 1993, which governs
the payment of claim maintenance fees for mill sites and mining
claims.
TITLE III--FEDERAL OFFSHORE ENERGY LEASING AND PERMITTING
Section 301. Offshore oil and gas leasing
Section 301(a) requires the Secretary of the Interior to
hold at least one offshore oil and gas lease sale per year over
the five-year period from 2025 to 2029, for a minimum of five
sales.
Section 301(b) sets the lease terms and conditions to be
offered in the sales. Paragraph (1) requires that the sales
offer a minimum of 60 million acres in each sale. Paragraph (2)
requires the Secretary to offer the same lease form, lease
terms, economic conditions, and stipulations contained in Lease
Sale 261 in December 2023. Paragraph (3) requires the Secretary
to issue leases not later than 90 days after the lease sale,
subject to longstanding procedures for determining the adequacy
of received bids.
Nothing in section 301 affects areas withdrawn from leasing
by law, including those areas formerly designated by section
104(a) of the Gulf of Mexico Energy Security Act of 2006 and
further withdrawn by presidential memoranda.
Section 302. Offshore wind energy
Section 302(a) requires the Secretary of the Interior to
hold at least one offshore wind lease sale per year over the
five-year period from 2025 to 2029, for a minimum of five
sales.
Subsection (b) establishes that at least 400,000 acres must
be offered per year in sales described in subsection (a), and
that a lease of less than 80,000 acres will not count toward to
400,000-acre requirement.
Subsection (c) requires the Secretary to establish a
national goal of 30 gigawatts for offshore wind energy
production, set a target date to achieve that goal, and
periodically revise the goal.
Subsection (d)(1) amends section 8(p)(4)(I) of the Outer
Continental Shelf Lands Act to more clearly state that, in
carrying out permitting activities under section 8(p), the
Secretary of the Interior must prevent unreasonable
interference with other uses of the exclusive economic zone,
the high seas, and the territorial seas (rather than prevent
any and all interference with reasonable uses).
Subsection (d)(2) amends section 8(p)(10) of the Outer
Continental Shelf Lands Act by adding an exception to the
conservation areas currently excluded from the Secretary of the
Interior's authority to grant leases, easements, and rights-of-
way for renewable energy projects. The new exception will allow
the Secretary to authorize rights-of-way within National Marine
Sanctuaries for the transmission of electricity generated by or
produced from renewable energy projects in consultation with
the Secretary of Commerce under section 304(d) of the National
Marine Sanctuaries Act. In addition, subsection (d)(2) adds a
new paragraph (11) to section 8(p) that requires that permits
and authorizations granted under the National Marine
Sanctuaries Act for the installation, operation, or maintenance
of electric transmission cables on a right-of-way described in
section 8(p)(10)(B) to be for a term equal to the duration of
the right-of-way granted by the Secretary of the Interior.
Nothing in this subsection alters the existing requirement to
seek a permit from the Secretary of Commerce under the National
Marine Sanctuaries Act for the installation, operation, or
maintenance of electric transmission cables within a National
Marine Sanctuary.
Subsection (e) clarifies that nothing in this section
modifies existing requirements for the Secretary to conduct a
minimum amount of offshore oil and gas lease sales in certain
years before issuing offshore wind leases in the subsequent
year.
TITLE IV--ELECTRIC TRANSMISSION
Section 401. Transmission permitting
Section 401(a) strikes the existing section 216(a) of the
Federal Power Act (relating to the designation of ``national
interest electric transmission corridors'' by the Secretary of
Energy) and inserts a new subsection (a) that defines key terms
used in section 216.
Section 401(b) amends section 216(b) of the Federal Power
Act, relating to the issuance of construction permits for
electric transmission facilities by the Federal Energy
Regulatory Commission. Paragraph (1) of section 401(b) amends
section 216(b) to enable the Commission to issue a permit for
the construction or modification of an electric transmission
facility, after public notice, an opportunity for a hearing,
and a public comment period of at least 60 days, if the
Commission finds that the construction or modification of the
electric transmission facility to be in the national interest.
Affected transmission planning regions may provide information
during the public comment period on how a proposed electric
transmission facility would affect existing transmission
planning.
Paragraphs (2) and (3) of section 401(b) amend the findings
the Commission must make under section 216(b) in order to issue
a national interest construction permit. Paragraph (3) makes
three principal changes in the list of findings required by
current law. First, it amends section 216(b)(2) to make clear
that a transmission facility that transmits electricity from
the Outer Continental Shelf may qualify as in the national
interest if the facility improves transmission of electric
energy in interstate commerce, though transmission from the
Outer Continental Shelf remains nonjurisdictional to the
Commission unless it affects interstate commerce. Second,
paragraph (3) amends section 216(b)(4) to require the
Commission to find that a proposed construction or modification
will provide improved reliability as defined in new section
225(a)(3) proposed to be added to the Federal Power Act by
section 402 of the bill. Third, paragraph (3) inserts a new
paragraph (6) and redesignates existing paragraph (6) as
paragraph (7). New paragraph (6) requires the Commission to
find that the transmission facility be capable of transmitting
electricity at a voltage of at least 100 kilovolts, or in the
case of facilities that include advanced transmission
conductors (including superconductors), at voltages determined
to be appropriate by the Commission.
Section 401(c) preserves the requirement in existing
section 216(d) that the Commission consult affected states,
Indian tribes, federal agencies, private property owners, and
other interested persons before it issues a construction
permit, but redesignates section 216(d) as paragraph (2) of
section 216(d) and adds two new paragraphs. New paragraph (1)
makes it clear that the Commission may not issue a construction
permit within a state unless the criteria for state siting in
subsection (b)(1) are satisfied. New paragraph (3) requires the
Commission to take landowner input into account in authorizing
the construction or modification of an electric transmission
facility under section 216(b).
Section 401(d) amends section 216(e) to require federal
district courts to apply rule 71.1 of the Federal Rules of
Civil Procedure in eminent domain proceedings under section
216(e). That rule spells out the procedural requirements (but
not substantive matters such as the amount of compensation due)
for eminent domain proceedings that result from the
Commission's issuance of a construction permit.
Section 401(e)(1) strikes existing section 216(f) (relating
to the payment and calculation of just compensation for
property taken by eminent domain under section 216(e)) as
unnecessary and potentially inconsistent with the judicial
power of the federal courts. The Supreme Court has held that a
landowner's right to receive just compensation for property
taken by eminent domain rests on the Fifth Amendment to the
Constitution and statutory recognition is not necessary. Jacob
v. United States, 290 U.S. 13, 16 (1933). It has also held that
the determination of the measure of just compensation is a
judicial question for the courts, and not a legislative one for
Congress. Monongahela Navigation Co. v. United States, 148 U.S.
312, 327 (1893). Most federal courts in which these proceedings
have arisen have applied state law (including state laws
awarding landowners more than fair market value for their
property) to the substantive determination of just
compensation.
In place of the stricken text, section 401(e) inserts a new
subsection (f) relating to cost allocation. Paragraph (1) of
the new subsection (f) requires utilities that receive a
construction permit for a project in the national interest
under section 216 to file a tariff with the Commission for its
approval allocating the costs of the new or modified
transmission facilities.
Paragraph (2) of section 216(f) directs the Commission to
require that tariff filings under section 216(f) be just and
reasonable and in accordance with the cost-causation principle.
Section 205 of the Federal Power Act has long required that all
rates charged for the transmission and sale of electric energy
subject to the jurisdiction of the Commission must be ``just
and reasonable.'' 16 U.S.C. 824d(a). ``For decades, the
Commission and the courts have understood this requirement to
incorporate a `cost-causation principle'--the rates charged for
electricity should reflect the cost of providing it.'' Old
Dominion Electric Cooperative v. FERC, 898 F.3d 1254, 1255
(D.C. Cir. 2018) (citing Alabama Electric Cooperative, Inc. v.
FERC, 684 F. 20, 27 (D.C. Cir. 1982). The courts ``have
described this principle as `requiring that all approved rates
reflect to some degree the costs actually caused by the
customer who must pay them.''' Midwest ISO Transmission Owners
v. FERC, 373 F.3d 1361, 1368 (D.C. Cir. 2004) (opinion by
Circuit Judge, now Chief Justice, John Roberts) (quoting KN
Energy, Inc. v. FERC, 968 F.2d 1295, 1300 (D.C. Cir. 1992).
Paragraph (2) further provides a list of six examples of
system-wide benefits to customers that may result from
transmission system enhancements permitted under section
216(b).
Paragraph (3) of section 216(f) emphasizes that the
Commission may not approve a tariff that requires customers
that ``derive no benefits, or benefits that are trivial in
relation to the costs'' involuntarily allocated to them.
Illinois Commerce Commission v. FERC, 576 F.3d 470, 476 (7th
Cir. 2009). Nothing in this section prevents transmitting
utilities and their customers from reaching voluntary
agreements on cost recovery, as is already allowed under
existing law.
The Committee expects that the courts will continue to
``evaluate compliance with this unremarkable principle by
comparing the costs assessed against a party to the burdens
imposed or benefits drawn by that party.'' Midwest ISO, 373
F.3d at 1368 (citing KN Energy, 968 F.2d at 1300-1301, citing
Alabama Electric Cooperative, 684 F.2d at 27).
Section 401(e)(2) clarifies that offshore electric
transmission facilities qualify for cost allocation under
section 216(f) so long as they meet the applicable requirements
of section 216(b).
Section 401(f)(1) amends section 216(h) of the Federal
Power Act (relating to coordination of federal authorizations
for transmission facilities). It provides that the Commission,
rather than the Department of Energy, shall be the lead agency
for environmental reviews under NEPA for onshore transmission
projects under section 216(b) or the new section 225 proposed
to be added by to the Federal Power Act by section 402. It
further provides, however, that the Department of the Interior
will be the lead agency for facilities located on a lease,
easement, or right-of-way on the Outer Continental Shelf
granted by the Secretary of the Interior under section
8(p)(1)(C) of the Outer Continental Shelf Lands Act.
Paragraphs (2) through (5) of section 401(f) make
conforming amendments to section 216(h).
Section 401(g) makes conforming amendments to section
216(i) (relating to interstate compacts establishing regional
transmission siting agencies).
Section 401(h) amends section 219 of the Federal Power Act
to allow FERC to approve cost-recovery for payments to
jurisdictions impacted by a project under this section or the
new section 225 of the Federal Power Act established under
section 402.
Section 401(i) amends section 216(k) of the Federal Power
Act, which currently exempts the Electric Reliability Council
of Texas (ERCOT, the grid operator for the Texas Interconnect)
and ERCOT utilities from section 216. Section 401(i) preserves
the current exemption for ERCOT and ERCOT utilities without
change, but adds a new paragraph (2) to section 216(k) that
makes clear that section 216 applies to all other transmitting
utilities, but that entities that are otherwise exempt from the
jurisdiction of the Commission under section 201(f) of the
Federal Power Act (e.g., rural electric cooperatives and
government-owned utilities), do not become ``public utilities''
subject to the Commission's jurisdiction under section 201(e)
by being subject to the Commission's jurisdiction for a
specific electric transmission facility for which such a
utility has sought a construction permit under section 216.
Section 401(j) makes conforming amendments to the Inflation
Reduction Act, the Energy Policy Act of 2005, and the
Infrastructure Investment and Jobs Act.
Section 401(k) provides that nothing in this section grants
the Commission authority under the Federal Power Act over
retail sales or the local distribution of electricity,
consistent with subsections (a) and (b)(1) of section 201 of
the Act.
Section 402. Transmission planning
Section 401(a) adds two new sections, section 224 and
section 225, to the Federal Power Act.
New section 224 is largely a reenactment of existing
section 216(a) of the Federal Power Act, which is repealed by
section 401(a) of the bill. Section 216(a) is reenacted in a
different section in order to emphasize that the Department of
Energy has no role with respect to the process for obtaining a
permit under section 216(b). As reenacted, section 224 will
still require the Secretary of Energy to conduct studies and
make reports on electric transmission capacity constraints and
congestion. The principal differences between existing section
216(a) and the new section 224 are that the new section omits
existing paragraph (4) and any references to the designation of
national interest corridors, and it adds a new subsection (d)
relating to intrastate transmission capacity constraints and
congestion in Alaska.
Subsection (a) of the new section reenacts without
substantive change existing section 216(a)(1) of the Federal
Power Act. It requires the Secretary of Energy to conduct a
study every three years of electric transmission capacity
constraints and congestion.
Subsection (b) of the new section reenacts with only
conforming modifications existing section 216(a)(2) of the
Federal Power Act. It requires the Secretary of Energy to issue
a report every three years identifying geographic areas
experiencing or expected to experience transmission capacity
constraints or congestion.
Subsection (c) of the new section largely reenacts existing
section 216(a)(3) with minor modifications to require the
Secretary of Energy to consult with affected transmission
planning regions and to conform references to paragraph
redesignations.
New subsection (d) requires the Secretary to include
intrastate transmission capacity constraints within the State
of Alaska in the study required under subsection (a), in
consultation with the State, and in the report required under
subsection (b), subject to the approval of the Regulatory
Commission of Alaska.
New section 225 adds a new interregional transmission
planning requirement to the Federal Power Act.
Subsection (a) defines key terms used in the new section.
Subsection (b) contains the same jurisdictional provision
for section 225 that section 216(k), as amended by section
401(i) of the bill, provides for section 216 of the Federal
Power Act. Paragraph (1) of section 225(b) exempts ERCOT and
ERCOT utilities from section 225. Paragraph (2)(A) of section
225(b) gives the Commission jurisdiction over all transmitting
utilities (as that term is defined in section 3(23) of the
Federal Power Act), including rural electric cooperatives and
government-owned utilities that are otherwise exempt from
Commission jurisdiction under section 201(f) of the Federal
Power Act. Paragraph (2)(B), however, provides that utilities
that are otherwise exempt from the jurisdiction of the
Commission under section 201(f) of the Federal Power Act, do
not become ``public utilities'' subject to the Commission's
jurisdiction under section 201(e) by being subject to the
Commission's jurisdiction under section 225.
Subsection (c) requires the Commission to adopt a rule on
interregional transmission planning not later than 180 days
after the date of enactment of S. 4753. The rule is to require
neighboring transmission planning regions to plan jointly with
each other, to submit to FERC for approval the resulting joint
interregional transmission plans, and to establish rate
treatments for interregional transmission planning and cost
allocation.
Subsection (d) sets forth the elements that joint
interregional transmission plans must contain. Paragraph (1)
requires that plans contain a common set of input assumptions
and models on consistent timelines that allow regions to
jointly identify and select specific projects. Subparagraph (A)
requires that plans allow for the use of advanced conductors
(including superconductors) and reconductoring. Subparagraph
(B) requires that plans consider modifications that maximize
the transmission capabilities of existing infrastructure and
rights-of-way. Subparagraph (C) requires that plans consider
existing transmission plans.
Paragraph (2) requires that joint interregional
transmission plans contain a common set of benefits for
interregional transmission planning and cost allocation that
include the same benefits that section 216(f)(2) (as amended by
section 401(e)(1) of the bill) prescribes for allocating the
cost of transmission facilities permitted under section 216(b).
Paragraph (3) requires that joint interregional
transmission plans contain selection criteria for interregional
transmission facilities that provide improved reliability,
protect or benefit consumers, and are consistent with the
public interest.
Subsection (e) requires that interregional plans be
submitted to the Commission within two years after the date of
enactment of S. 4753 and are updated at least once every four
years thereafter.
Subsection (f) requires the Commission to review
interregional plans and approve them if the plans contain the
elements required under subsection (d); allocate costs in
accordance with subsection (g); ensure that all rates, charges,
terms, and conditions for facilities included in the plans are
just and reasonable, not unduly discriminatory or preferential;
and are consistent with the public interest.
Subsection (g) governs the allocation of costs of
constructing or modifying electric transmission facilities
under section 225. Paragraph (1) requires transmitting
utilities responsible for facilities built or modified under
the new section to file a tariff pursuant to section 205 of the
Federal Power Act with the Commission for its approval
allocating the costs of any new or modified transmission
facilities.
Paragraph (2) requires the Commission to ensure that rates
charged under tariffs filed under section 225 are just and
reasonable and allocate costs in accordance with the cost-
causation principle discussed in connection with section 216(f)
of the Federal Power Act as amended by section 401(e)(1) of the
bill. Paragraph (2) further requires the Commission to ensure
that the tariff allocates the cost of providing the benefits
described in section 225(d)(2). Paragraph (3) provides that the
cost of transmission facilities built or modified under section
225 shall not be allocated to customers that receive no benefit
or benefits that are trivial in relation to the costs, as
discussed in connection with section 216(f)(3).
Subsection (h) provides that projects selected by
transmission planning regions from an interregional plan shall
be considered to satisfy the applicable requirements of section
216(b) of the Federal Power Act as amended by section 401(b) of
the bill.
Subsection (i) provides a mechanism, in the event of a
dispute between regions over a material element of an
interregional plan, for the Commission to resolve the matter.
Subsection (j) provides a mechanism, in the event that
regions fail to submit an interregional plan, for the
Commission to grant an extension or require compliance with a
plan based on the record of the planning process.
Subsection (k) provides that the Commission's approval of
an interregional plan, or its actions to resolve a dispute with
respect to such a plan, shall not be considered a major federal
action under NEPA.
Subsection (l) clarifies that this section does not confer,
limit, or impair the Commission's authorities under any other
provision of law except as expressly provided within section
225.
Section 402(b) of the bill makes conforming amendments to
section 201(b)(2) of the Federal Power Act to make clear that
subjecting entities that are otherwise exempt from the
Commission's jurisdiction under section 201(f) of the Act
(e.g., rural electric cooperatives and government-owned
utilities) to the jurisdiction of the Commission under section
225 does not make them ``public utilities'' under section
201(e) of the Act or subject them to the Commission's
jurisdiction generally.
Section 402(c) provides that nothing in this section grants
the Commission authority under the Federal Power Act over
retail sales or the local distribution of electricity,
consistent with subsections (a) and (b)(1) of section 201 of
the Act.
TITLE V--ELECTRIC RELIABILITY
Section 501. Reliability assessments
Section 501 amends section 215(g) of the Federal Power Act.
Section 215 authorizes the Commission to designate an Electric
Reliability Organization to establish and enforce electric
reliability standards that ensure the reliable operation of the
bulk power system, subject to the Commission's approval. Acting
pursuant to this authority the Commission designated the North
American Electric Reliability Corporation as the Electric
Reliability Organization in 2006. 116 F.E.R.C. P61,062. Section
215(g) currently requires the Electric Reliability Organization
to conduct periodic assessments of the reliability and resource
adequacy of the North American bulk-power system.
Section 501 reenacts section 215(g) as paragraph (1) of
section 215(g), gives paragraph (1) the heading ``Periodic
Assessments,'' and adds a new paragraph (2) providing for
reliability assessments of federal agency regulations.
Subparagraph (A) of the new paragraph (2) requires the
Commission, whenever it determines that a rule, regulation or
standard proposed by another federal agency is likely to result
in a violation of a mandatory electric reliability standard or
resource adequacy requirement or process, to require the
Electric Reliability Organization to conduct an assessment and
report to the Commission on the effects of the proposed rule,
regulation, or standard on the reliable operation of the bulk-
power system.
Subparagraph (B) requires that the reliability assessment
performed by the Electric Reliability Organization under
subparagraph (A) must identify reasonably foreseeable adverse
effects of the proposal on grid reliability, account for
available ways to mitigate the effects of its proposal, and
account for input from affected transmission organizations
(e.g., Regional Transmission Organizations).
Subparagraph (C) requires that the Electric Reliability
Organization publish the report and submit it to both the
Commission and the public docket of the federal agency
proposing the rule, regulation, or standard.
Subparagraph (D) provides that the requirements imposed by
the new paragraph (2) will apply only to federal agency
proposals that are pending on or proposed on or after the date
of enactment of S. 4753.
TITLE VI--LIQUEFIED NATURAL GAS EXPORTS
Section 601. Action on applications
Section 601 amends section 3 of the Natural Gas Act by
adding a new subsection (g), which sets deadlines for the
Secretary of Energy to approve or deny all pending and future
applications to export liquefied natural gas (LNG) from the
United States to non-Free Trade Agreement countries.
In keeping with existing section 3(a) of the Natural Gas
Act, the new subsection (g) uses the term ``Commission'' to
refer to the Secretary of Energy. Section 2(9) of the Natural
Gas Act defines ``Commission'' to mean the Federal Power
Commission. The Federal Power Commission was abolished by the
Department of Energy Organization Act and its functions under
section 3 of the Natural Gas Act were transferred to and vested
in the Secretary of Energy in 1977. 42 U.S.C. 7151(b).
Accordingly, as used in section 3(g), the term ``Commission''
refers to the Secretary of Energy, rather than to the Federal
Energy Regulatory Commission.
The Secretary of Energy has, however, delegated her
authority to approve or deny the construction and operation of
natural gas facilities (though not her export licensing
authority) to the Federal Energy Regulatory Commission, and in
2005, Congress designated the Federal Energy Regulatory
Commission as ``the lead agency'' for purposes of complying
with NEPA. 15 U.S.C. 717n(b)(1). See Sierra Club v. FERC, 827
F.3d 36, 40-41 (D.C. Cir. 2016) (explaining this ``tangled web
of regulatory processes'').
Paragraph (1) of the new subsection (g) requires the
Secretary of Energy to grant or deny an export application
under section 3(a) within 90 days after the later of the date
of enactment of S. 4753 or the date on which the Federal Energy
Regulatory Commission or the Maritime Administration (which has
authority to license deepwater ports under the Deepwater Port
Act of 1974), as applicable, publishes the final environmental
review document under the National Environmental Policy Act
(NEPA) for the exporting facility.
Paragraph (2) requires the Secretary of Energy to approve
or deny all pending and future applications to re-export piped
U.S. natural gas as LNG from facilities in Mexico or Canada to
non-Free Trade Agreement countries within 90 days after the
later of the date of enactment of S. 4753 or the date that the
Secretary publishes the draft environmental review document
under NEPA for the exporting facility.
Paragraph (3) requires the Secretary of Energy to approve
or deny all pending and future applications to extend an
approved authorization to export or re-export LNG within 90
days of the date that the Secretary has received the
application.
Paragraph (4) provides that if the Secretary fails to
approve or deny any of the applications subject to subsection
(g) within the applicable 90-day timeline, the application is
deemed approved.
Section 602. Supplemental reviews
Section 602 addresses the macroeconomic export study and
greenhouse gas reviews that the Department of Energy relies on
in determining whether natural gas exports to non-Free Trade
Agreement countries are consistent with the public interest in
accordance with section 3 of the Natural Gas Act and NEPA.
Subsection (a) defines key terms used in section 602.
Paragraphs (1) and (2) define the existing LNG export and
greenhouse gas reviews, respectively. Paragraph (6) defines the
term ``supplemental review'' to mean the supplemental
greenhouse gas review defined in paragraph (4) and the
supplemental macroeconomic review defined in paragraph (5).
Paragraphs (1) and (2) of subsection (b) require that any
supplemental review initiated after January 26, 2024, go
through public notice and comment and comply with Information
Quality Act peer review requirements, respectively.
Subection (b)(3) requires the Secretary to rely on the
existing studies unless and until a supplemental review is
finalized and implemented by the Secretary.
TITLE VII--HYDROPOWER
Section 701. Hydropower license extensions
Section 701(a) defines a ``covered project'' for purposes
of section 701 to mean a hydropower project that was licensed
by the Commission prior to March 13, 2020.
Subsection (b) authorizes the Commission, upon the request
of a licensee of a covered project after reasonable notice and
for good cause shown, to extend the commence-construction
deadline for a covered project by four additional years.
Subsection (c) specifies that the extension under
subsection (b) commences at the expiration of the final
extension currently allowed under section 13 of the Federal
Power Act and ends four years thereafter.
Subsection (d) allows FERC to reinstate a license of a
covered project if the license for that project expired after
December 31, 2023.
Section 702. Identifying and removing market barriers to hydropower
Section 702(a) defines key terms used in section 702.
Subsection (b) directs the Commission to conduct a study
describing market barriers to the development and proper
compensation of different types of hydropower technologies, and
making recommendations to reduce any such barriers, within 270
days after enactment of S. 4753.
Section 703. Regulations to align timetables
Section 703(a) requires the Commission to issue regulations
that seek to ensure all original licensing and relicensing
decisions for hydropower facilities are made not later than 180
days of publication of the final environmental document under
NEPA for the project.
Subsection (b)(1) directs the Commission to issue a report
describing any regulation outside of the Commission's
jurisdiction, and any relevant statutory requirements, that
would prevent meeting the timetable established under
subsection (a).
Subsection (b)(2) requires the Commission to report
annually on applications that fail to meet the timetable
established under (a).
Subsection (c) clarifies that nothing in this section
modifies the Commission's obligations under NEPA, the Federal
Power Act, or any other federal law.
TITLE VIII--HIRING AND RETENTION
Sec. 801. Federal Energy Regulatory Commission staffing
Section 801(a) repeals the requirement in section 401(k)(6)
of the Department of Energy Organization Act for the Commission
to consult with the Office of Personnel Management before using
flexible hiring and compensation authorities available under
existing law.
Subsection (b) makes the Federal Energy Regulatory
Commission's economic and legal personnel eligible for the same
flexible hiring and compensation authorities that are currently
available for personnel responsible for conducting work of a
scientific, technological, engineering, or mathematical nature.
Section 802. Compensation flexibility to address retention and hiring
issues at the Bonneville Power Administration
Section 802 amends section 10 of the Bonneville Project Act
of 1937 governing the employment and compensation of employees
of the Bonneville Power Administration (BPA).
As amended, the new section 10(a) directs the BPA
Administrator to conduct an annual review of BPA compensation
and develop and implement a compensation plan for BPA
employees, subject to approval by the Secretary of Energy,
based on an annual survey of the prevailing compensation for
similar positions in the public sectors of the electric
industry.
The new section 10(b) authorizes the Administrator to
appoint BPA officers and employees, subject to merit system
principles, and to employee physicians and experts without
regard to the civil service laws.
Section 803. Northwest Power and Conservation Council
Section 803 amends section 4(c)(10)(B) of the Pacific
Northwest Electric Power Planning and Conservations Act to
allow the BPA Administrator to adjust for inflation the maximum
amount of funds the Administrator may provide to the Northwest
Power and Conservation Council for compensation and other
expenses of the Council.
Sec. 804. Federal Energy Regulatory Commission personnel safety
Section 804 allows the Federal Energy Regulatory Commission
to authorize its employees to perform law enforcement duties as
needed to ensure the safety of the Chairman and Commissioners
in the performance of their official duties.
Cost and Budgetary Considerations
The Committee has requested, but has not yet received, the
Congressional Budget Office's estimate of the cost of S. 4753
as ordered reported. When the Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 3033. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of S. 4753, as ordered reported.
Congressionally Directed Spending
S. 4753, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 3044, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
TABLE OF EXISTING LAWS PROPOSED TO BE CHANGED
1. Mining Law of 1872
2. Mineral Leasing Act
3. Federal Power Act
4. Bonneville Project Act of 1937
5. Natural Gas Act
6. Indian Right of Way Act
7. Outer Continental Shelf Lands Act
8. Geothermal Steam Act of 1970
9. Department of Energy Organization Act
10. Pacific Northwest Electric Power Planning and Conservation Act
11. Omnibus Budget Reconciliation Act of 1993
12. Energy Policy Act of 2005
13. Energy Act of 2020
14. Infrastructure Investment and Jobs Act
15. Inflation Reduction Act
MINING LAW OF 1872
Revised Statutes, Sec. 2337
Sec. 2337. (a) Where non-mineral land not contiguous to the
vein or lode is used or occupied by the proprietor of such vein
or lode for mining or milling purposes, such non-adjacent
surface-ground may be embraced and included in an application
for a patent for such vein or lode, and the same may be
patented therewith, subject to the same preliminary
requirements as to survey and notice as are applicable to veins
or lodes; but no location hereafter made of such non-adjacent
land shall exceed five acres, and payment for the same must be
made at the same rate as fixed by this chapter for the
superficies of the lode. The owner of a quartz-mill or
reduction-works, not owning a mine in connection therewith, may
also receive a patent for his mill-site, as provided in this
section.
(b) Where nonmineral land is needed by the proprietor of a
placer claim for mining, milling, processing, beneficiation, or
other operations in connection with such claim, and is used or
occupied by the proprietor for such purposes, such land may be
included in an application for a patent for such claim, and may
be patented therewith subject to the same requirements as to
survey and notice as are applicable to placers. No location
made of such nonmineral land shall exceed five acres and
payment for the same shall be made at the rate applicable to
placer claims which do not include a vein or lode.
(c) Additional Mill Sites.--
(1) Definitions.--In this subsection:
(A) Mill site.--The term, ``mill site'' means
a location of public land that is reasonably
necessary for waste rock or tailings disposal
or other operations reasonably incident to
mineral development on, or production from land
included in a plan of operations.
(B) Operations; operator.--The terms
``operations'' and ``operator'' have the
meanings given those terms in section 3809.5 of
title 43, Code of Federal Regulations (as in
effect on the date of enactment of this
subsection).
(C) Plan of operations.--The term ``plan of
operations'' means a plan of operations that an
operator must submit and the Secretary of the
Interior or the Secretary of Agriculture, as
applicable, must approve before an operator may
begin operations, in accordance with, as
applicable--
(i) subpart 3809 of title 43, Code of
Federal Regulations (or successor
regulations establishing application
and approval requirements); and
(ii) part 228 of title 36, Code of
Federal Regulations (or successor
regulations establishing application
and approval requirements).
(D) Public land.--The term ``public land''
means land owned by the United States that is
open to location under sections 2319 through
2344 of the Revised Statutes (30 U.S.C. 22 et
seq.), including--
(i) land that is mineral-in-character
(as defined in section 3830.5 of title
43, Code of Federal Regulations (as in
effect on the date of enactment of this
subsection));
(ii) nonmineral land (as defined in
section 3830.5 of title 43, Code of
Federal Regulations (as in effect on
the date of enactment of this
subsection)); and
(iii) land where the mineral
character has not been determined.
(2) In general.--Notwithstanding subsections (a) and
(b), where public land is needed by the proprietor of a
lode or placer claim for operations in connection with
any lode or placer claim within the proposed plan of
operations, the proprietor may--
(A) locate and include within the plan of
operations as many mill site claims under this
subsection as are reasonably necessary for its
operations; and
(B) use or occupy public land in accordance
with an approved plan of operations.
(3) Mill sites convey no mineral rights.--A mill site
under this subsection does not convey mineral rights to
the locator.
(4) Size of mill sites.--A location of a single mill
site under this subsection shall not exceed 5 acres.
(5) Mill site and lode or placer claims on same
tracts of public land.--A mill site may be located
under this subsection on a tract of public land on
which the claimant or operator maintains a previously
located lode or placer claim.
(6) Effect on mining claims.--The location of a mill
site under this subsection shall not affect the
validity of any lode or placer claim, or any rights
associated with such a claim.
(7) Patenting.--A mill site under this section shall
not be eligible for patenting.
(8) Savings provisions.--Nothing in this subsection--
(A) diminishes any right (including a right
of entry, use, or occupancy) of a claimant;
(B) creates or increases any right (including
a right of exploration, entry, use, or
occupancy) of a claimant on land that is not
open to location under the general mining laws;
(C) modifies any provision of law or any
prior administrative action withdrawing land
from location or entry;
(D) limits the right of the Federal
Government to regulate mining and mining-
related activities (including requiring claim
validity examinations to establish the
discovery of a valuable mineral deposit) in
areas withdrawn from mining, including under--
(i) the general mining laws;
(ii) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701
et seq.);
(iii) the Wilderness Act (16 U.S.C.
1131 et seq.);
(iv) sections 100731 through 100737
of title 54, United States Code;
(v) the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);
(vi) division A of subtitle III of
title 54, United States Code (commonly
referred to as the ``National Historic
Preservation Act''); or
(vii) section 4 of the Act of July
23, 1955 (commonly known as the
``Surface Resources Act of 1955'') (69
Stat. 368, chapter 375; 30 U.S.C. 612);
(E) restores any right (including a right of
entry, use, or occupancy, or right to conduct
operations) of a claimant that--
(i) existed prior to the date on
which the land was closed to, or
withdrawn from, location under the
general mining laws; and
(ii) that has been extinguished by
such closure or withdrawal; or
(F) modifies section 404 of division E of the
Consolidated Appropriations Act, 2024 (Public
Law 118-42).
MINERAL LEASING ACT
Act of February 25, 1920, Chapter 85, as Amended
AN ACT To promote the mining of coal, phosphate, oil, oil shale, gas,
and sodium on the public domain.
* * * * * * *
COAL
Sec. 2. (a)(1) The Secretary of the Interior is authorized
to divide any lands subject to this Act which have been
classified for coal leasing into leasing tracts of such size as
[he finds appropriate] the Secretary of the Interior finds
appropriate and in the public interest and which will permit
the mining of all coal which can be economically extracted in
such tract and thereafter [he shall, in his discretion, upon
the request of any qualified applicant or on his own motion
from time to time] the Secretary shall, at the discretion of
the Secretary but subject to paragraph (6), on the request of
any qualified applicant or on a motion by the Secretary, offer
such lands for leasing and shall award leases thereon by
competitive bidding: Provided, That notwithstanding the
competitive bidding requirement of this section, the Secretary
may, subject to such conditions which [he deems appropriate]
the Secretary of the Interior determines to be appropriate,
negotiate the sale at fair market value of coal the removal of
which is necessary and incidental to the exercise of a right-
of-way permit issued pursuant to title V of the Federal Land
Policy and Management Act of 1976. No less than 50 per centum
of the total acreage offered for lease by the Secretary in any
one year shall be leased under a system of deferred bonus
payment. Upon default or cancellation of any coal lease for
which bonus payments are due, any unpaid remainder of the bid
shall be immediately payable to the United States. A reasonable
number of leasing tracts shall be reserved and offered for
lease in accordance with this section to public bodies,
including Federal agencies, rural electric cooperatives, or
nonprofit corporations controlled by any of such entities:
Provided, That the coal so offered for lease shall be for use
by such entity or entities in implementing a definite plan to
produce energy for their own use or for sale to their members
or customers (except for short-term sales to others). No bid
shall be accepted which is less than the fair market value, as
determined by the Secretary, of the coal subject to the lease.
[Prior to his determination] Prior to a determination by the
Secretary of the Interior of the fair market value of the coal
subject to the lease, the Secretary shall give opportunity for
and consideration to public comments on the fair market value.
Nothing in this section shall be construed to require the
Secretary [to make public his judgment] to make public the
judgment of the Secretary of the Interior as to the fair market
value of the coal to be leased, or the [comments he receives]
comments received by the Secretary of the Interior thereon
prior to the issuance of the lease. [He is hereby authorized]
The Secretary of the Interior is authorized, in awarding leases
for coal lands improved and occupied or claimed in good faith,
prior to February 25, 1920, to consider and recognize equitable
rights of such occupants or claimants.
* * * * * * *
(5) Notwithstanding any other provision of law, if the
lessee under a coal lease fails to pay any installment of a
deferred cash bonus bid within 10 days after the Secretary
provides written notice that payment of the installment is past
due--
(A) the lease shall automatically terminate; and
(B) any bonus payments already made to the United
States with respect to the lease shall not be returned
to the lessee or credited in any future lease sale.
(6) Deadlines.--
(A) Applicant motion.--Not later than 90 days after
the date on which a request of a qualified applicant is
received for a lease sale under paragraph (1), or for a
lease modification under section 3, the Secretary of
the Interior shall commence all necessary consultations
and reviews required under Federal law in accordance
with that paragraph or section, as applicable.
(B) Decision.--Not later than 90 days after the
completion of an environmental impact statement or
environmental assessment consistent with the
requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) for a lease sale under
paragraph (1), or for a lease modification under
section 3, the Secretary of the Interior shall issue a
record of decision or a finding of no significant
impact for the lease sale or lease modification.
(C) Fair market value.--Not later than 30 days after
the date on which the Secretary of the Interior issues
a record of decision or a finding of no significant
impact under subparagraph (B) for a lease sale under
paragraph (1), or for a lease modification under
section 3, the Secretary shall determine the fair
market value of the coal subject to the lease.
(b) The Secretary may, under such regulations as he may
prescribe, issue to any person an exploration license.
* * * * * * *
(3) The licensee shall furnish to the Secretary
copies of all data (including, but not limited to,
geological, [geophysical] geophysical, and core
drilling analyses) obtained during such exploration.
The Secretary shall maintain the confidentiality of all
data so obtained until after the areas involved have
been leased or until such time as he determines that
making the data available to the public would not
damage the competitive position of the licensee,
whichever comes first.
* * * * * * *
Sec. 3. (a)(1) Except as provided in paragraph (3), on a
finding by the Secretary under paragraph (2), any person,
association, or corporation holding a lease of coal lands or
coal deposits under the provisions of this Act may with the
approval of the Secretary of the Interior, secure modifications
of the original coal lease by including additional coal lands
or coal deposits contiguous or cornering to those embraced in
the lease.
* * * * * * *
(b) [The Secretary shall prescribe] Subject to section
2(a)(6), the Secretary shall prescribe terms and conditions
which shall be consistent with this Act and applicable to all
of the acreage in such modified lease except that nothing in
this section shall require the Secretary to apply the
production or mining plan requirements of section 2(d)(2) and
7(c) of this Act (30 U.S.C. 201(d)(2) and 207(c)).
* * * * * * *
Sec. 17. (a) All lands subject to disposition under this
Act which are known or believed to contain oil or gas deposits
may be leased by the Secretary.
(b)(1)(A) All lands to be leased which are not subject to
leasing under paragraphs (2) and (3) of this subsection shall
be leased as provided in this paragraph to the highest
responsible qualified bidder by competitive bidding under
general regulations in units of not more than 2,560 acres,
except in Alaska, where units shall be not more than 5,760
acres. Such units shall be as nearly compact as possible. Lease
sales shall be conducted by oral bidding, except as provided in
subparagraph (C). Lease sales shall be held for each State
where eligible lands are available at least quarterly and more
frequently if the Secretary of the Interior determines such
sales are necessary. A lease shall be conditioned upon the
payment of a royalty at a rate of not less than 12.5 percent in
amount or value of the production removed or sold from the
lease. The Secretary shall accept the highest bid from a
responsible qualified bidder which is equal to or greater than
the national minimum acceptable bid, without evaluation of the
value of the lands proposed for lease. Leases shall be issued
within 60 days following payment by the successful bidder of
the remainder of the bonus bid, if any, and the annual rental
for the first lease year. All bids for less than the national
minimum acceptable bid shall be rejected. Lands for which no
bids are received or for which the highest bid is less than the
national minimum acceptable bid shall be offered promptly
within 30 days for leasing under subsection (c) of this section
and shall remain available for leasing for a period of 2 years
after the competitive lease sale.
* * * * * * *
(3) Subdivision.--
(A) In general.--A parcel of land included in
an expression of interest that the Secretary of
the Interior offers for lease shall be leased
as nominated and not subdivided into multiple
parcels unless the Secretary of the Interior
determines that a subpart of the submitted
parcel is not open to oil or gas leasing under
the approved resource management plan.
(B) Required reviews.--Nothing in this
paragraph affects the obligations of the
Secretary of the Interior to complete
requirements and reviews established by other
provisions of law before leasing a parcel of
land.
(4) Resource management plans.--
(A) Lease terms and conditions.--A lease
issued under this section shall be subject to
the terms and conditions of the approved
resource management plan.
(B) Effect of leasing decision.--
Notwithstanding section 1506.1 of title 40,
Code of Federal Regulations (as in effect on
the date of enactment of this paragraph), the
Secretary may conduct a lease sale under an
approved resource management plan while
amendments to the approved plan are under
consideration.
* * * * * * *
[(g) The Secretary of the Interior, or] (g)(1) The
Secretary of the Interior, or for National Forest lands, the
Secretary of Agriculture, shall regulate all surface-disturbing
activities conducted pursuant to any lease issued under this
Act, and shall determine reclamation and other actions as
required in the interest of conservation of surface resources.
No permit to drill on an oil and gas lease issued under this
Act may be granted without the analysis and approval by the
Secretary concerned of a plan of operations covering proposed
surface-disturbing activities within the lease area. The
Secretary concerned shall, by rule or regulation, establish
such standards as may be necessary to ensure that an adequate
bond, surety, or other financial arrangement will be
established prior to the commencement of surface-disturbing
activities on any lease, to ensure the complete and timely
reclamation of the lease tract, and the restoration of any
lands or surface waters adversely affected by lease operations
after the abandonment or cessation of oil and gas operations on
the lease. The Secretary shall not issue a lease or leases or
approve the assignment of any lease or leases under the terms
of this section to any person, association, corporation, or any
subsidiary, affiliate, or person controlled by or under common
control with such person, association, or corporation, during
any period in which, as determined by the Secretary of the
Interior or Secretary of Agriculture, such entity has failed or
refused to comply in any material respect with the reclamation
requirements and other standards established under this section
for any prior lease to which such requirements and standards
applied. Prior to making such determination with respect to any
such entity the concerned Secretary shall provide such entity
with adequate notification and an opportunity to comply with
such reclamation requirements and other standards and shall
consider whether any administrative or judicial appeal is
pending. Once the entity has complied with the reclamation
requirement or other standard concerned an oil or gas lease may
be issued to such entity under this Act.
(2)(A) In the case of an oil and gas lease under this Act
on land described in subparagraph (B) located within an oil and
gas drilling or spacing unit, nothing in this Act authorizes
the Secretary of the Interior--
(i) to require a bond to protect non-Federal land;
(ii) to enter non-Federal land without the consent of
the applicable landowner;
(iii) to impose mitigation requirements; or (iv) to
require approval for surface reclamation.
(B) Land referred to in subparagraph (A) is land where--
(i) the Federal Government--
(I) owns less than 50 percent of the minerals
within the oil and gas drilling or spacing
unit; and
(II) does not own or lease the surface estate
within the area directly impacted by the
action;
(ii) the well is located on non-Federal land
overlying a non-Federal mineral estate, but some
portion of the wellbore enters and produces from the
Federal mineral estate subject to the lease; or
(iii) the well is located on non-Federal land
overlying a non-Federal mineral estate, but some
portion of the wellbore traverses but does not produce
from the Federal mineral estate subject to the lease.
* * * * * * *
(p) Deadlines for Consideration of Applications for
Permits.--
(1) In general.--Not later than 10 days after the
date on which the Secretary receives an application for
any permit to drill, the Secretary shall--
(A) notify the applicant that the application
is complete; or
(B) notify the applicant that information is
missing and specify any information that is
required to be submitted for the application to
be complete.
(2) Issuance or deferral.--Not later than 30 days
after the applicant for a permit has submitted a
complete application, the Secretary shall--
(A) issue the permit, if the requirements
under the National Environmental Policy Act of
1969 and other applicable law have been
completed within such timeframe; or
(B) defer the decision on the permit and
provide to the applicant a notice--
(i) that specifies any steps that the
applicant could take for the permit to
be issued; and
(ii) a list of actions that need to
be taken by the agency to complete
compliance with applicable law together
with timelines and deadlines for
completing such actions.
(3) Requirements for deferred applications.--
(A) In general.--If the Secretary provides
notice under paragraph (2)(B), the applicant
shall have a period of 2 years from the date of
receipt of the notice in which to complete all
requirements specified by the Secretary,
including providing information needed for
compliance with the National Environmental
Policy Act of 1969.
(B) Issuance of decision on permit.--If the
applicant completes the requirements within the
period specified in subparagraph (A), the
Secretary shall issue a decision on the permit
not later than 10 days after the date of
completion of the requirements described in
subparagraph (A), unless compliance with the
National Environmental Policy Act of 1969 and
other applicable law has not been completed
within such timeframe.
(C) Denial of permit.--If the applicant does
not complete the requirements within the period
specified in subparagraph (A) or if the
applicant does not comply with applicable law,
the Secretary shall deny the permit.
(4) Term.--
(A) In general.--A permit to drill approved
under this subsection shall be valid for a
single non-renewable 4-year period beginning on
the date of the approval.
(B) Retroactivity.--In addition to all
approved applications for permits to drill
submitted on or after the date of enactment of
this paragraph, subparagraph (A) shall apply
to--
(i) all permits approved during the
2-year period preceding the date of
enactment of this paragraph; and
(ii) all pending applications for
permit to drill submitted prior to the
date of enactment of this paragraph.
(q) Fee for Expression of Interest.--
(1) In general.--The [Secretary] Secretary of the
Interior shall assess a [nonrefundable] fee against any
person that, in accordance with procedures established
by the [Secretary] Secretary of the Interior to carry
out this subsection, submits an expression of interest
in leasing land available for disposition under this
section for exploration for, and development of, oil or
gas.
(2) Amount of fee.--
(A) In general.--Subject to subparagraph (B),
the fee assessed under paragraph (1) shall be
$5 per acre of the area covered by the
applicable expression of interest.
(B) Adjustment of fee.--The [Secretary]
Secretary of the Interior shall, by regulation,
not less frequently than every 4 years, adjust
the amount of the fee under subparagraph (A) to
reflect the change in inflation.
(3) Refund for nonwinning bid.--If a person other
than the person who submitted the expression of
interest is the highest responsible qualified bidder
for a parcel of land covered by the applicable
expression of interest in a lease sale conducted under
this section--
(A) as a condition of the issuance of the
lease, the person who is the highest
responsible qualified bidder shall pay to the
Secretary of the Interior an amount equal to
the applicable fee paid by the person who
submitted the expression of interest; and
(B) not later than 60 days after the date of
the lease sale, the Secretary of the Interior
shall refund to the person who submitted the
expression of interest an amount equal to the
amount of the initial fee paid.
(4) Refundability.--Except as provided in paragraph
(3)(B), the fee assessed under paragraph (1) shall be
nonrefundable.
* * * * * * *
FEDERAL POWER ACT
Act of June 10, 1920, Chapter 285, as Amended
* * * * * * *
PART II--REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN INTERSTATE
COMMERCE
DECLARATION OF POLICY; APPLICATION OF PART; DEFINITIONS
Section. 201. (a) It is hereby declared that the business
of transmitting and selling electric energy for ultimate
distribution to the public is affected with a public interest,
and that Federal regulation of matters relating to generation
to the extent provided in this Part and the Part next following
and of that part of such business which consists of the
transmission of electric energy in interstate commerce and the
sale of such energy at wholesale in interstate commerce is
necessary in the public interest, such Federal regulation,
however, to extend only to those matters which are not subject
to regulation by the States.
(b)(1) The provisions of this Part shall apply to the
transmission of electric energy in interstate commerce and to
the sale of electric energy at wholesale in interstate
commerce, but except as provided in paragraph (2) shall not
apply to any other sale of electric energy or deprive a State
or State commission of its lawful authority now exercised over
the exportation of hydroelectric energy which is transmitted
across a State line. The Commission shall have jurisdiction
over all facilities for such transmission or sale of electric
energy, but shall not have jurisdiction, except as specifically
provided in this Part and the Part next following, over
facilities used for the generation of electric energy or over
facilities used in local distribution or only for the
transmission of electric energy in intrastate commerce, or over
facilities for the transmission of electric energy consumed
wholly by the transmitter.
(2) Notwithstanding section 201(f), the provisions of
sections 203(a)(2), 206(e), 210, 211, 211A, 212, 215, 215A,
216, 217, 218, 219, 220, 221, [and 222] 222, and 225 shall
apply to the entities described in such provisions, and such
entities shall be subject to the jurisdiction of the Commission
for purposes of carrying out such provisions and for purposes
of applying the enforcement authorities of this Act with
respect to such provisions. Compliance with any order of the
Commission under the provisions of section 203(a)(2), 206(e),
210, 211, 211A, 212, 215, 215A, 216, 217, 218, 219, 220, 221,
[or 222] 222, or 225, shall not make an electric utility or
other entity subject to the jurisdiction of the Commission for
any purposes other than the purposes specified in the preceding
sentence.
* * * * * * *
(e) The term ``public utility'' when used in this Part or
in the Part next following means any person who owns or
operates facilities subject to the jurisdiction of the
Commission under this Part (other than facilities subject to
such jurisdiction solely by reason of section 206(e), [206(f),]
210, 211, 211A, 212, 215, 215A, 216, 217, 218, 219, 220, 221,
[or 222] 222, or 225).
* * * * * * *
SEC. 215. ELECTRIC RELIABILITY.
(a) Definitions.--For purposes of this section:
(1) The term ``bulk-power system'' means--
(A) facilities and control systems necessary
for operating an interconnected electric energy
transmission network (or any portion thereof);
and
(B) electric energy from generation
facilities needed to maintain transmission
system reliability.
The term does not include facilities used in the local
distribution of electric energy.
(2) The terms ``Electric Reliability Organization''
and ``ERO'' mean the organization certified by the
Commission under subsection (c) the purpose of which is
to establish and enforce reliability standards for the
bulk-power system, subject to Commission review.
(3) The term ``reliability standard'' means a
requirement, approved by the Commission under this
section, to provide for reliable operation of the bulk-
power system. The term includes requirements for the
operation of existing bulk-power system facilities,
including cybersecurity protection, and the design of
planned additions or modifications to such facilities
to the extent necessary to provide for reliable
operation of the bulk-power system, but the term does
not include any requirement to enlarge such facilities
or to construct new transmission capacity or generation
capacity.
(4) The term ``reliable operation'' means operating
the elements of the bulk-power system within equipment
and electric system thermal, voltage, and stability
limits so that instability, uncontrolled separation, or
cascading failures of such system will not occur as a
result of a sudden disturbance, including a
cybersecurity incident, or unanticipated failure of
system elements.
(5) The term ``Interconnection'' means a geographic
area in which the operation of bulk-power system
components is synchronized such that the failure of one
or more of such components may adversely affect the
ability of the operators of other components within the
system to maintain reliable operation of the facilities
within their control.
(6) The term ``transmission organization'' means a
Regional Transmission Organization, Independent System
Operator, independent transmission provider, or other
transmission organization finally approved by the
Commission for the operation of transmission
facilities.
(7) The term ``regional entity'' means an entity
having enforcement authority pursuant to subsection
(e)(4).
(8) The term ``cybersecurity incident'' means a
malicious act or suspicious event that disrupts, or was
an attempt to disrupt, the operation of those
programmable electronic devices and communication
networks including hardware, software and data that are
essential to the reliable operation of the bulk power
system.
* * * * * * *
[(g) Reliability Reports.--The ERO shall conduct periodic
assessments of the reliability and adequacy of the bulk-power
system in North America.]
(g) Reliability Reports.--
(1) Periodic assessments.--The ERO shall conduct
periodic assessments of the reliability and adequacy of
the bulk-power system in North America.
(2) Reliability assessments for regulations.--(A)
Whenever the Commission determines, on its own motion
or on request from another Federal agency, an affected
transmission organization, or any State commission,
that a rule, regulation, or standard proposed by a
Federal agency other than the Commission is likely to
result in a violation of a tariff requirement or
process for resource adequacy on file with the
Commission or a mandatory standard for reliability
approved by the Commission, the Commission shall
require, by order, the ERO to assess and report on the
effects of the proposed rule, regulation, or standard
on the reliable operation of the bulk-power system.
(B) An ERO reliability assessment ordered under
subparagraph (A) shall--
(i) identify any reasonably foreseeable
significant adverse effects on the reliable
operation of the bulk-power system that the ERO
anticipates will result from the proposed rule,
regulation, or standard;
(ii) account for mitigations that will be
available under existing rules, regulations, or
tariffs governing facilities of the bulk-power
system under this Act that will reduce or
prevent significant adverse effects on the
reliable operation of the bulk-power system
from the proposed rule, regulation, or
standard; and
(iii) take into account the technical views
of affected transmission organizations
regarding effects on the reliable operation of
the bulk-power system from the proposed rule,
regulation, or standard.
(C) The ERO shall--
(i) submit the report required under
subparagraph (A) to the public docket of the
Federal agency proposing the rule, regulation,
or standard, and, if practicable, make such
submission within the time period established
by such Federal agency for submission of public
comments on the proposed rule, regulation, or
standard;
(ii) submit such report to the Commission;
and
(iii) publish such report in a publicly
available format.
(D) This paragraph shall apply to proposed rules,
regulations, or standards pending on, or proposed on or
after, the date of enactment of this paragraph.
* * * * * * *
SEC. 216. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
[(a) Designation of National Interest Electric Transmission
Corridors.--(1) Not later than 1 year after the date of
enactment of this section and every 3 years thereafter, the
Secretary of Energy (referred to in this section as the
``Secretary''), in consultation with affected States and Indian
Tribes, shall conduct a study of electric transmission capacity
constraints and congestion.
[(2) Not less frequently than once every 3 years, the
Secretary, after considering alternatives and recommendations
from interested parties (including an opportunity for comment
from affected States and Indian Tribes), shall issue a report,
based on the study under paragraph (1) or other information
relating to electric transmission capacity constraints and
congestion, which may designate as a national interest electric
transmission corridor any geographic area that--
[(i) is experiencing electric energy transmission
capacity constraints or congestion that adversely
affects consumers; or
[(ii) is expected to experience such energy
transmission capacity constraints or congestion.
[(3) Not less frequently than once every 3 years, the
Secretary, in conducting the study under paragraph (1) and
issuing the report under paragraph (2), shall consult with any
appropriate regional entity referred to in section 215.
[(4) In determining whether to designate a national
interest electric transmission corridor under paragraph (2),
the Secretary may consider whether--
[(A) the economic vitality and development of the
corridor, or the end markets served by the corridor,
may be constrained by lack of adequate or reasonably
priced electricity;
[(B)(i) economic growth in the corridor, or the end
markets served by the corridor, may be jeopardized by
reliance on limited sources of energy; and
[(ii) a diversification of supply is warranted;
[(C) the energy independence or energy security of
the United States would be served by the designation;
[(D) the designation would be in the interest of
national energy policy;
[(E) the designation would enhance national defense
and homeland security;
[(F) the designation would enhance the ability of
facilities that generate or transmit firm or
intermittent energy to connect to the electric grid;
[(G) the designation--
[(i) maximizes existing rights-of-way; and
[(ii) avoids and minimizes, to the maximum
extent practicable, and offsets to the extent
appropriate and practicable, sensitive
environmental areas and cultural heritage
sites; and
[(H) the designation would result in a reduction in
the cost to purchase electric energy for consumers.]
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the
Federal Energy Regulatory Commission.
(2) Improved reliability.--The term ``improved
reliability'' has the meaning given the term in section
225(a).
(3) Landowner input.--The term ``landowner input:
means input received--
(A) by the Commission;
(B) from affected landowners, such as farmers
and ranchers, in the path of the proposed
construction or modification of an electric
transmission facility; and
(C) pursuant to notification provided to, and
consultation with, those affected landowners,
farmers, and ranchers by the Commission.
(4) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(b) Construction Permit.--[Except as provided in subsection
(i), the Commission may, after notice and an opportunity for
hearing, issue one or more permits for the construction or
modification of electric transmission facilities in a national
interest electric transmission corridor designated by the
Secretary under subsection (a) if the Commission finds that]
Except as provided in subsections (d)(1) and (i), the
Commission may, after notice and an opportunity for hearing,
including a public comment period of at least 60 days, issue
one or more permits for the construction or modification of
electric transmission facilities necessary in the national
interest if the Commission finds that--
(1)(A) a State in which the transmission facilities
are to be constructed or modified does not have
authority to--
(i) approve the siting or modification 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 or modification 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; [the
later of--
[(I) the date on which the
application was filed; and
[(II) the date on which the relevant
national interest electric transmission
corridor was designated by the
Secretary under subsection (a);]
(ii) has conditioned its approval in such a
manner that the proposed construction or
modification will not significantly reduce
transmission capacity constraints or congestion
in interstate commerce or is not economically
feasible; or
(iii) has denied an application seeking
approval pursuant to applicable law;
[(2) the facilities to be authorized by the permit
will be used for the transmission of electric energy in
interstate commerce;
[(3) the proposed construction or modification is
consistent with the public interest;
[(4) the proposed construction or modification will
significantly reduce transmission congestion in
interstate commerce and protects or benefits consumers;
[(5) the proposed construction or modification is
consistent with sound national energy policy and 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.]
(2) the proposed facilities will be used for the
transmission of electric energy in interstate
(including transmission from the outer Continental
Shelf to a State) or foreign commerce;
(3) the proposed construction or modification is
consistent with the public interest;
(4) the proposed construction or modification will
significantly reduce transmission congestion in
interstate commerce, protect or benefit consumers, and
provide improved reliability;
(5) the proposed construction or modification is
consistent with sound national energy policy and will
enhance energy independence;
(6) the electric transmission facilities are capable
of transmitting electric energy at a voltage of not
less than 100 kilovolts or, in the case of facilities
that include advanced transmission conductors
(including superconductors), as defined by the
Commission, voltages determined to be appropriate by
the Commission; and
(7) the proposed modification (including
reconductoring) will maximize, to the extent reasonable
and economical, the transmission capabilities of
existing towers, structures, or rights-of-way.
(c) Permit Applications.--(1) Permit applications under
subsection (b) shall be made in writing to the Commission.
(2) The Commission shall issue rules specifying--
(A) the form of the application;
(B) the information to be contained in the
application; and
(C) the manner of service of notice of the permit
application on interested persons.
[(d) Comments.--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.]
(d) State Siting and Consultation.--
(1) Preservation of state siting authority.--The
Commission shall have no authority to issue a permit
under subsection (b) for the construction or
modification of an electric transmission facility
within a State except as provided in paragraph (1) of
that subsection.
(2) Consultation.--In any proceeding before the
Commission under subsection (b), the Commission shall
afford each State in which a transmission facility
covered by the permit is or will be located, each
affected Federal agency and Indian Tribe, private
property owners, and other interested persons, a
reasonable opportunity to present their views and
recommendations with respect to the need for and impact
of a facility covered by the permit.
(3) Landowner input.--In authorizing the construction
or modification of an electric transmission facility
under subsection (b), the Commission shall take into
account landowner input.
(e) Rights-of-Way.--(1) In the case of a permit under
subsection (b) for electric transmission facilities to be
located on property other than property owned by the United
States or a State, if the permit holder cannot acquire by
contract, or is unable to agree with the owner of the property
to the compensation to be paid for, the necessary right-of-way
to construct or modify, and operate and maintain, the
transmission facilities and, in the determination of the
Commission, the permit holder has made good faith efforts to
engage with landowners and other stakeholders early in the
applicable permitting process, the permit holder may acquire
the right-of-way by the exercise of the right of eminent domain
in the district court of the United States for the district in
which the property concerned is located, or in the appropriate
court of the State in which the property is located.
(2) Any right-of-way acquired under paragraph (1) shall be
used exclusively for the construction or modification of
electric transmission facilities within a reasonable period of
time after the acquisition.
(3) The practice and procedure in any action or proceeding
under this subsection in the district court of the United
States [shall conform as nearly as practicable to the practice
and procedure in a similar action or proceeding in the courts
of the State in which the property is located.] shall be in
accordance with rule 71.1 of the Federal Rules of Civil
Procedure.
(4) Nothing in this subsection shall be construed to
authorize the use of eminent domain to acquire a right-of-way
for any purpose other than the construction, modification,
operation, or maintenance of electric transmission facilities
and related facilities. The right-of-way cannot be used for any
other purpose, and the right-of-way shall terminate upon the
termination of the use for which the right-of-way was acquired.
[(f) Compensation.--(1) Any right-of-way acquired pursuant
to subsection (e) shall be considered a taking of private
property for which just compensation is due.
[(2) Just compensation shall be an amount equal to the fair
market value (including applicable severance damages) of the
property taken on the date of the exercise of eminent domain
authority. (2) Just compensation shall be an amount equal to
the fair market value (including applicable severance damages)
of the property taken on the date of the exercise of eminent
domain authority.]
(f) Cost Allocation.--
(1) Transmission tariffs.--For the purposes of this
section, any transmitting utility that owns, controls,
or operates electric transmission facilities that the
Commission finds to be consistent with the findings
under paragraphs (2) through (6) and, if applicable,
(7) of subsection (b) shall file a tariff or tariff
revision with the Commission pursuant to section 205
and the regulations of the Commission allocating the
costs of the new or modified transmission facilities.
(2) Transmission benefits.--The Commission shall
require that tariffs or tariff revisions filed under
this subsection are just and reasonable and allocate
the costs of providing service to customers that
benefit, in accordance with the cost-causation
principle, including through--
(A) improved reliability;
(B) reduced congestion;
(C) reduced power losses;
(D) greater carrying capacity;
(E) reduced operating reserve requirements;
and
(F) improved access to lower cost generation
that achieves reductions in the cost of
delivered power.
(3) Ratepayer Protection.--Customers that receive no
benefit, or benefits that are trivial in relation to
the costs sought to be allocated, from electric
transmission facilities constructed or modified under
this section shall not be involuntarily allocated any
of the costs of those transmission facilities,
provided, however, that nothing in this section shall
prevent a transmission utility from recovering such
costs through voluntary agreements with its customers.
(g) State Law.--Nothing in this section precludes any
person from constructing or modifying any transmission facility
in accordance with State law.
(h) Coordination of Federal Authorizations for Transmission
Facilities.--(1) In this subsection:
(A) The term ``Federal authorization'' means any
authorization required under Federal law in order to
site a transmission facility.
(B) The term ``Federal authorization'' includes such
permits, special use authorizations, certifications,
opinions, or other approvals as may be required under
Federal law in order to site a transmission facility.
(2) The Department of Energy shall act as the lead agency
for purposes of coordinating all applicable Federal
authorizations and related environmental reviews of the
facility[.] except that--
(A) the Commission shall act as the lead agency in
the case of facilities permitted under subsection (b)
and section 225; and
(B) the Department of the Interior shall act as the
lead agency in the case of facilities located on a
lease, easement, or right-of-way granted by the
Secretary of the Interior under section 8(p)(1)(C) of
the Outer Continental Shelf Lands Act (43 U.S.C.
1337(p)(1)(C)).
(3) To the maximum extent practicable under applicable
Federal law, the [Secretary] lead agency shall coordinate the
Federal authorization and review process under this subsection
with any Indian tribes, multistate entities, and State agencies
that are responsible for conducting any separate permitting and
environmental reviews of the facility, to ensure timely and
efficient review and permit decisions.
(4)(A) [As head of the lead agency, the Secretary] The lead
agency, in consultation with agencies responsible for Federal
authorizations and, as appropriate, with Indian tribes,
multistate entities, and State agencies that are willing to
coordinate their own separate permitting and environmental
reviews with the Federal authorization and environmental
reviews, shall establish prompt and binding intermediate
milestones and ultimate deadlines for the review of, and
Federal authorization decisions relating to, the proposed
facility.
(B) The [Secretary] lead agency shall ensure that, once an
application has been submitted with such data as the Secretary
considers necessary, all permit decisions and related
environmental reviews under all applicable Federal laws shall
be completed--
(i) within 1 year; or
(ii) if a requirement of another provision of Federal
law does not permit compliance with clause (i), as soon
thereafter as is practicable.
(C) The [Secretary] lead agency shall provide an
expeditious pre-application mechanism for prospective
applicants to confer with the agencies involved to have each
such agency determine and communicate to the prospective
applicant not later than 60 days after the prospective
applicant submits a request for such information concerning--
(i) the likelihood of approval for a potential
facility; and
(ii) key issues of concern to the agencies and
public.
(5)(A) [As lead agency head, the Secretary] The lead
agency, in consultation with the affected agencies, shall
prepare a single environmental review document, which shall be
used as the basis for all decisions on the proposed project
under Federal law.
(B) The [Secretary] lead agency and the heads of other
agencies shall streamline the review and permitting of
transmission within corridors designated under section 503 of
the Federal Land Policy and Management Act (43 U.S.C. 1763) by
fully taking into account prior analyses and decisions relating
to the corridors.
(C) The document shall include consideration by the
relevant agencies of any applicable criteria or other matters
as required under applicable law.
(6)(A) If any agency has denied a Federal authorization
required for a transmission facility, or has failed to act by
the deadline established by the [Secretary] lead agency
pursuant to this section for deciding whether to issue the
authorization, the applicant or any State in which the facility
would be located may file an appeal with the President, who
shall, in consultation with the affected agency, review the
denial or failure to take action on the pending application.
(B) Based on the overall record and in consultation with
the affected agency, the President may--
(i) issue the necessary authorization with any
appropriate conditions; or
(ii) deny the application.
(C) The President shall issue a decision not later than 90
days after the date of the filing of the appeal.
(D) In making a decision under this paragraph, the
President shall comply with applicable requirements of Federal
law, including any requirements of--
(i) the National Forest Management Act of 1976 (16
U.S.C. 472a et seq.);
(ii) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(iii) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(iv) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(v) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(7)(A) Not later than [18 months after the date of
enactment of this section] 18 months after the date of
enactment of the Energy Permitting Reform Act of 2024, the
[Secretary] lead agency shall issue any regulations necessary
to implement this subsection.
(B)(i) Not later than [1 year after the date of enactment
of this section] 18 months after the date of enactment of the
Energy Permitting Reform Act of 2024, the [Secretary] lead
agency and the heads of all Federal agencies with authority to
issue Federal authorizations shall enter into a memorandum of
understanding to ensure the timely and coordinated review and
permitting of electricity transmission facilities.
(ii) Interested Indian tribes, multistate entities, and
State agencies may enter the memorandum of understanding.
(C) The head of each Federal agency with authority to issue
a Federal authorization shall designate a senior official
responsible for, and dedicate sufficient other staff and
resources to ensure, full implementation of the regulations and
memorandum required under this paragraph.
(8)(A) Each Federal land use authorization for an
electricity transmission facility shall be issued--
(i) for a duration, as determined by the [Secretary]
lead agency, commensurate with the anticipated use of
the facility; and
(ii) with appropriate authority to manage the right-
of-way for reliability and environmental protection.
(B) On the expiration of the authorization (including an
authorization issued before the date of enactment of this
section), the authorization shall be reviewed for renewal
taking fully into account reliance on such electricity
infrastructure, recognizing the importance of the authorization
for public health, safety, and economic welfare and as a
legitimate use of Federal land.
(9) In exercising the responsibilities under this section,
the [Secretary] lead agency shall consult regularly with--
(A) the Federal Energy Regulatory Commission;
(B) electric reliability organizations (including
related regional entities) approved by the Commission;
and
(C) Transmission Organizations approved by the
Commission.
(i) Interstate Compacts.--(1) The consent of Congress is
given for three or more contiguous States to enter into an
interstate compact, subject to approval by Congress,
establishing regional transmission siting agencies to--
(A) facilitate siting of future electric energy
transmission facilities within those States; and
(B) carry out the electric energy transmission siting
responsibilities of those States.
(2) The Secretary shall provide technical assistance to
regional transmission siting agencies established under this
subsection.
(3) The regional transmission siting agencies shall have
the authority to review, certify, and permit siting of
transmission facilities [, including facilities in national
interest electric transmission corridors] (other than
facilities on property owned by the United States).
(4) The Commission shall have no authority to issue a
permit for the construction or modification of an electric
transmission facility within a State that is a party to a
compact, unless the Secretary determines that the members of
the compact are unable to reach an agreement on an application
seeking approval by the [in disagreement after the later of]
unable to reach an agreement on an application seeking approval
by the--
[(A) the date that is 1 year after the date on which
the relevant application for the facility was filed.]
[(B) the date that is 1 year after the date on which
the relevant national interest electric transmission
corridor was designated by the Secretary under
subsection (a).]
(j) Relationship to Other Laws.--(1) Except as specifically
provided, nothing in this section affects any requirement of an
environmental law of the United States, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Subsection (h)(6) shall not apply to any unit of the
National Park System, the National Wildlife Refuge System, the
National Wild and Scenic Rivers System, the National Trails
System, the National Wilderness Preservation System, or a
National Monument.
[(k) ERCOT.--This section shall not apply within the area
referred to in section 212(k)(2)(A).]
(k) Jurisdiction.--
(1) ERCOT.--This section shall not apply within the
area referred to in section 212(k)(2)(A).
(2) Other utilities.--
(A) In general.--For the purposes of this
section, the Commission shall have jurisdiction
over all transmitting utilities, including
transmitting utilities described in section
201(f), but excluding any ERCOT utility (as
defined in section 212(k)(2)(B)).
(B) Clarification.--Being subject to
Commission jurisdiction for the purposes of
this section shall not make an entity described
in section 201(f) a public utility for the
purposes of section 201(e).
* * * * * * *
SEC. 219. TRANSMISSION INFRASTRUCTURE INVESTMENT.
(a) Rulemaking Requirement.--Not later than 1 year after
the date of enactment of this section, the Commission shall
establish, by rule, incentive-based (including performance-
based) rate treatments for the transmission of electric energy
in interstate commerce by public utilities for the purpose of
benefitting consumers by ensuring reliability and reducing the
cost of delivered power by reducing transmission congestion.
(b) Contents.--The rule shall--
* * * * * * *
(4) allow recovery of--
(A) all prudently incurred costs necessary to
comply with mandatory reliability standards
issued pursuant to section 215; [and]
(B) all prudently incurred costs related to
transmission infrastructure development
pursuant to section 216 [.]; and
(C) all prudently incurred costs associated with
payments to jurisdictions impacted by electric
transmission facilities developed pursuant to section
216 or 225.
* * * * * * *
SEC. 223. JOINT BOARDS ON ECONOMIC DISPATCH.
* * * * * * *
SEC. 224. TRANSMISSION STUDY.
(a) In General.--Not later than 1 year after the date of
enactment of this section and every 3 years thereafter, the
Secretary of Energy (referred to in this section as the
`Secretary'), in consultation with affected States and Indian
Tribes, shall conduct a study of electric transmission capacity
constraints and congestion.
(b) Report.--Not less frequently than once every 3 years,
the Secretary, after considering alternatives and
recommendations from interested parties (including an
opportunity for comment from affected States and Indian
Tribes), shall issue a report, based on the study under
subsection (a) or other information relating to electric
transmission capacity constraints and congestion, which may
identify any geographic area that--
(1) is experiencing electric energy transmission
capacity constraints or congestion that adversely
affects consumers; or
(2) is expected to experience such energy
transmission capacity constraints or congestion.
(c) Consultation.--Not less frequently than once every 3
years, the Secretary, in conducting the study under subsection
(a) and issuing the report under subsection (b), shall consult
with affected transmission planning regions (as defined in
section 225(a)) and any appropriate regional entity referred to
in section 215.
(d) Alaska.--The Secretary--
(1) shall, in consultation with the State of Alaska
and affected Indian Tribes, consider any intrastate
transmission capacity constraints and congestion within
the State of Alaska in the study under subsection (a);
and
(2) in issuing the report under subsection (b), may,
subject to the approval of the Regulatory Commission of
Alaska, identify any geographic area in the State of
Alaska that--
(A) is experiencing electric energy
transmission capacity constraints or congestion
that adversely affects consumers; or
(B) is expected to experience such energy
transmission capacity constraints or
congestion.
SEC. 225. PLANNING FOR TRANSMISSION FACILITIES THAT ENHANCE GRID
RELIABILITY, AFFORDABILITY, AND RESILIENCE.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the
Federal Energy Regulatory Commission.
(2) ERO.--The term ``ERO'' has the meaning given the
term in section 215(a).
(3) Improved reliability.--The term ``improved
reliability'' means that, on balance, considering each
of the matters described in subparagraphs (A) through
(D), reliability is improved in a material manner that
benefits customers through at least one of the
following:
(A) facilitating compliance with a mandatory
standard for reliability approved by the
Commission under section 215;
(B) a reduction in expected unserved energy,
loss of load hours, or loss of load probability
(as defined by the ERO);
(C) facilitating compliance with a tariff
requirement or process for resource adequacy on
file with the Commission; and
(D) any other similar material improvement,
including a reduction in correlated outage
risk, such as achieved through increased
geographic or resource diversification.
(4) Interregional transmission facility.--The term
``interregional transmission facility'' means a
transmission facility that--
(A) is located within 2 or more neighboring
transmission planning regions; or
(B) significantly impacts the ability of 1 or
more transmission planning regions to transmit
electric energy among neighboring transmission
planning regions.
(5) Transmission planning region.--
(A) In general.--The term ``transmission
planning region''--
(i) when used in a geographical
sense, means a region for which the
Commission determines that electric
transmission planning is appropriate,
such as a region established in
accordance with Order No. 1000 of the
Commission, entitled `Transmission
Planning and Cost Allocation by
Transmission Owning and Operating
Public Utilities' (76 Fed. Reg. 49842
(August 11, 2011)); and
(ii) when used in a corporate sense,
means the Transmission Organization or
other entity responsible for planning
or operating electric transmission
facilities within a region described in
clause (i).
(B) Exclusion.--The term ``transmission
planning region'' does not include the Electric
Reliability Council of Texas or the region
served by members of the Electric Reliability
Council of Texas.
(b) Jurisdiction.--
(1) ERCOT.--This section shall not apply within the
area referred to in section 212(k)(2)(A).
(2) Other utilities.--
(A) In general.--For the purposes of this
section, the Commission shall have jurisdiction
over all transmitting utilities, including
transmitting utilities described in section
201(f), but excluding any ERCOT utility (as
defined in section 212(k)(2)(B)).
(B) Clarification.--Being subject to
Commission jurisdiction for the purposes of
this section shall not make an entity described
in section 201(f) a public utility for the
purposes of section 201(e).
(c) Rulemaking Requirement.--Not later than 180 days after
the date of enactment of this section, the Commission shall,
consistent with the requirements of this section, by rule--
(1) require neighboring transmission planning regions
to jointly plan with each other;
(2) require each transmission planning region to
submit to the Commission for approval a joint
interregional transmission plan with each of its
neighboring transmission planning regions, which
requirement may, at the discretion of the transmission
planning region, be satisfied through the submission
of--
(A) a separate joint interregional
transmission plan with each of its neighboring
transmission planning regions; or
(B) 1 or more joint interregional
transmission plans, any of which may be
submitted with any 1 or more of its neighboring
transmission planning regions; and
(3) establish rate treatments for interregional
transmission planning and cost allocation.
(d) Plan Elements.--The Commission shall require, within
the rule under subsection (c), that joint interregional
transmission plans contain the following elements:
(1) Compatibility.--A common set of input assumptions
and models, on a consistent timeline, that--
(A) allow for the joint identification and
selection, by transmission planning regions, of
specific interregional transmission facilities
for construction or modification, including
through the use of advanced transmission
conductors (including superconductors) and
reconductoring;
(B) consider, to the extent reasonable and
economical, modifications that maximize the
transmission capabilities of existing towers,
structures, or rights-of-way; and
(C) consider existing transmission plans.
(2) Transmission benefits.--A common set of benefits
for interregional transmission planning and cost
allocation, including--
(A) improved reliability;
(B) reduced congestion;
(C) reduced power losses;
(D) greater carrying capacity;
(E) reduced operating reserve requirements;
and
(F) improved access to lower cost generation
that achieves reductions in the cost of
delivered power.
(3) Selection criteria.--Criteria governing the
selection by transmission planning regions, for
construction or modification, of interregional
transmission facilities that--
(A) provide improved reliability;
(B) protect or benefit consumers; and
(C) are consistent with the public interest.
(e) Deadline; Updates.--The joint interregional
transmission plans required to be submitted to the Commission
pursuant to the rule under subsection (c) shall be--
(1) submitted to the Commission not later than 2
years after the date of enactment of this section; and
(2) updated not less frequently than once every 4
years.
(f) Commission Review.--The Commission shall--
(1) review each joint interregional transmission plan
submitted pursuant to the rule under subsection (c);
and
(2) approve the joint interregional transmission plan
if the Commission finds that the plan--
(A) meets the requirements of subsection (d);
(B) allocates costs in accordance with
subsection (g);
(C) ensures that all rates, charges, terms,
and conditions will be just and reasonable and
not unduly discriminatory or preferential; and
(D) is consistent with the public interest.
(g) Cost Allocation.--
(1) Transmission tariffs.--For the purposes of this
section, any transmitting utility that owns, controls,
or operates electric transmission facilities
constructed or modified as a result of this section
shall file a tariff or tariff revision with the
Commission pursuant to section 205 and the regulations
of the Commission allocating the costs of the new or
modified transmission facilities.
(2) Requirement.--The Commission shall require that
tariffs or tariff revisions filed under this section
are just and reasonable and allocate the costs of
providing service to customers that benefit, in
accordance with the cost-causation principle, including
through the benefits described in subsection (d)(2).
(3) Ratepayer protection.--Customers that receive no
benefit, or benefits that are trivial in relation to
the costs sought to be allocated, from electric
transmission facilities constructed or modified under
this section shall not be involuntarily allocated any
of the costs of those transmission facilities.
(h) Construction Permit.--For the purposes of obtaining a
construction permit under section 216(b), a project that is
selected by transmission planning regions pursuant to a joint
interregional transmission plan shall be considered to satisfy
paragraphs (2) through (6) and, if applicable, (7) of that
section.
(i) Dispute Resolution.--In the event of a dispute between
transmission planning regions with respect to a material
element of a joint interregional transmission plan--
(1) the transmission planning regions shall submit to
the Commission their respective proposals for resolving
the material element in dispute for resolution; and
(2) not later than 60 days after the proposals are
submitted under paragraph (1), the Commission shall
issue an order directing a resolution to the dispute.
(j) Failure to Submit Plan.--In the event that neighboring
transmission planning regions fail to submit to the Commission
a joint interregional transmission plan under this section, the
Commission shall, as the Commission determines to be
appropriate--
(1) grant a request to extend the time for submission
of the joint interregional transmission plan; or
(2) require, by order, the transmitting utilities
within the affected transmission planning regions to
comply with a joint interregional transmission plan
approved by the Commission--
(A) based on the record of the planning
process conducted by the affected transmission
planning regions; and
(B) in accordance with the cost allocation
provisions in subsection (g).
(k) NEPA.--For purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)--
(1) any approval of a joint interregional
transmission plan under subsection (f) or (j) or order
directing resolution of a dispute under subsection (i)
shall not be considered a major Federal action; and
(2) any permit granted under section 216(b) for a
project that is selected by transmission planning
regions pursuant to a joint interregional transmission
plan shall be considered a major Federal action.
(l) Savings Provision.--Except as expressly provided in
this section, nothing in this section shall be construed as
conferring, limiting, or impairing any authority of the
Commission under any other provision of law.
* * * * * * *
BONNEVILLE PROJECT ACT OF 1937
Act of August 20, 1937, Chapter 720, as Amended
AN ACT To the completion, maintenance, and operation of Bonneville
project for navigation, and for other purposes.
* * * * * * *
[Sec. 10. The Secretary of the Interior shall appoint,
without regard to the civil-service laws, an Assistant
Administrator, chief engineer, and general counsel and shall
fix the compensation of each in accordance with the
Classification Act of 1923, as amended. The assistant
Administrator shall perform the duties and exercise the powers
of the Administrator, in the event of the absence or sickness
of the Administrator until such absence or sickness shall cease
and in the event of a vacancy in the office of Administrator
until a successor is appointed.
[(b) The Administrator, the Secretary of War, and the
Federal Power Commission, respectively, are authorized to
appoint, subject to the civil-service laws, such officers and
employees as may be necessary to carry out the purposes of this
Act, the appointment of whom is not otherwise provided for, and
to fix their compensation in accordance with the Classification
Act of 1923, as amended. The Administrator may employ laborers,
mechanics, and workmen in connection with construction work or
the operation and maintenance of electrical facilities
(hereinafter called ``laborers, mechanics, and workmen''),
subject to the civil-service laws, and fix their compensation
without regard to the Classification Act of 1923, as amended,
and any other laws, rules, or regulations relating to the
payment of employees of the United States except the Act of May
29, 1930 (46 Stat. 468), as amended, to the extent that it
otherwise is applicable. The Administrator is further
authorized to employ physicians, under agreement and without
regard to civil-service laws or regulations, to make physical
examinations of employees or prospective employees who are or
may become laborers, mechanics, and workmen. The Administrator,
the Secretary of War, and the Federal Power Commission,
respectively, are also authorized to appoint, without regard to
the civil-service laws, such experts as may be necessary for
carrying out the functions entrusted to them under this Act and
to fix the compensation of each of such experts without regard
to the Classification Act of 1923, as amended, but at not to
exceed $7500 per annum.]
(a) Employee Compensation Program.--
(1) In general.--Notwithstanding any other law, rule,
regulation, or directive relating to the payment of
Federal employees (other than chapter 83 of title 5,
United States Code), the administrator shall develop,
implement, and, as appropriate, update, based on the
results of an annual review under paragraph (4), a
compensation plan that specifies and fixes the
compensation (including salary or any other pay,
bonuses, benefits, incentives, and any other form of
remuneration) for employees of the administrator,
including members of the Senior Executive Service (as
defined in section 2101a of title 5, United States
Code).
(2) Initial compensation plan.--
(A) In general.--Not later than 1 year after
the date of enactment of the Energy Permitting
Reform Act of 2024, the administrator shall, in
consultation with the Director of the Office of
Personnel Management, and subject to
confirmation and approval by the Secretary of
Energy, which shall not be unreasonably
withheld, develop an initial compensation plan
under paragraph (1).
(B) Implementation.--Not later than 1 year
after the date on which the initial
compensation plan is developed under
subparagraph (A), the administrator shall
implement the initial compensation plan.
(3) Requirements.--A compensation plan developed
under paragraph (1) shall--
(A) be based on an annual survey of the
prevailing compensation for similar positions
in the public sectors of the electric industry;
(B) be consistent with the approved annual
general and administrative budget of the
administrator and encourage the widest
diversified use of electric power at the lowest
possible rates to consumers consistent with
sound business principles;
(C) provide that education, experience, level
of responsibility, geographic differences, and
retention and recruitment needs are to be taken
into account in determining the compensation of
employees of the administrator;
(D) provide that the individual total
compensation of the administrator and any
employee of the administrator shall be
comparable to and competitive with similar
positions among consumer-owned utilities in the
Western Interconnection.
(4) Annual review.--
(A) In general.--Annually, the administrator
shall review and update, as appropriate, the
compensation plan developed under paragraph
(1).
(B) Compensation of the administrator.--
Notwithstanding any other law, rule,
regulation, or directive relating to the
payment of the administrator (other than
chapter 83 of title 5, United States Code), the
Secretary shall periodically review and update,
as appropriate, the compensation of the
administrator consistent with paragraph (3)(D).
(C) Publication of information.--The
administrator shall include in the quarterly
public business review of the administrator or
any other appropriate public review of the
operations and finances of the administrator
information on the applicable annual
compensation plan review under subparagraph
(A), including information on the amount of
salaries of any employees whose annual salaries
would exceed the annual rate payable for
positions at Level IV of the Executive Schedule
under section 5315 of title 5, United States
Code.
(5) Annual publication.--Annually, the administrator
shall publish the compensation plan developed under
paragraph (1) or updated under paragraph (4), as
applicable.
(b) Appointment; Employment.--
(1) In general.--The administrator may, as the
administrator determines to be necessary to carry out
this Act, subject to applicable civil service laws--
(A) appoint any officers and employees;
(B) employ laborers, mechanics, and workers
for construction work or the operation and
maintenance of electrical facilities; and
(C) fix the compensation of individuals
appointed under subparagraph (A) or (B),
respectively, consistent with the applicable
compensation plan developed under subsection
(a)(1).
(2) Exemption from certain civil service laws.--In
carrying out the authority provided by paragraph (1),
the administrator shall be exempt from chapters 34, 43,
51, 53, 57, and 59 of title 5, United States Code.
(3) Application of merit system principles.--
Employees of the administrator are subject to the
application of the merit system principles set forth in
section 2301 of title 5, United States Code, to the
extent that the principles apply to a wholly owned
Government corporation.
(4) Employment of physicians.--The administrator may
employ physicians, without regard to the civil service
laws (including regulations), to perform physical
examinations of employees of the administrator or
prospective employees of the administrator who are or
may become laborers, mechanics, and workers described
in paragraph (1)(B).
(5) Employment of experts.--The administrator may
appoint, without regard to the civil service laws
(including regulations), any experts that the
administrator determines to be necessary to carry out
the functions of the administrator under this Act.
(c) The Administrator may accept and utilize such voluntary
and uncompensated services and with the consent of the agency
concerned may utilize such officers, employees, or equipment of
any agency of the Federal, State, or local governments which he
finds helpful in carrying out the purposes of this Act; in
connection with the utilization of such services, reasonable
payments may be allowed for necessary travel and other
expenses.
NATURAL GAS ACT
Act of June 21, 1938, Chapter 556, as Amended
AN ACT To regulate the transportation and sale of natural gas in
interstate commerce, and for other purposes.
* * * * * * *
EXPORTATION OR IMPORTATION OF NATURAL GAS; LNG TERMINALS
Sec. 3. (a) After six months from the date on which this
act takes effect no person shall export any natural gas from
the United States to a foreign country or import any natural
gas from a foreign country without first having secured an
order of the Commission authorizing it to do so. The Commission
shall issue such order upon application, unless, after
opportunity for hearing, it finds that the proposed exportation
or importation will not be consistent with the public interest.
The Commission may by its order grant such application, in
whole or in part, with such modification and upon such terms
and conditions as the Commission may find necessary or
appropriate, and may from time to time, after opportunity for
hearing, and for good cause shown, make such supplemental order
in the premises as it may find necessary or appropriate.
(b) With respect to natural gas which is imported into the
United States from a nation with which there is in effect a
free trade agreement requiring national treatment for trade in
natural gas, and with respect to liquefied natural gas--
(1) the importation of such natural gas shall be
treated as a ``first sale'' within the meaning of
section 2(21) of the Natural Gas Policy Act of 1978;
and
(2) the Commission shall not, on the basis of
national origin, treat any such imported natural gas on
an unjust, unreasonable, unduly discriminatory, or
preferential basis.
(c) For purposes of subsection (a), the importation of the
natural gas referred to in subsection (b), or the exportation
of natural gas to a nation with which there is in effect a free
trade agreement requiring national treatment for trade in
natural gas, shall be deemed to be consistent with the public
interest, and applications for such importation or exportation
shall be granted without modification or delay.
* * * * * * *
(e)(1) The Commission shall have the exclusive authority to
approve or deny an application for the siting, construction,
expansion, or operation of an LNG terminal. Except as
specifically provided in this Act, nothing in this Act is
intended to affect otherwise applicable law related to any
Federal agency's authorities or responsibilities related to LNG
terminals.
* * * * * * *
(3)(A) Except as provided in subparagraph (B) and
subsection (g), the Commission may approve an application
descripted in paragraph (2), in whole or part, with such
modifications and upon such terms and conditions as the
Commission find necessary or appropriate.
(B) Before January 1, 2015, the Commission shall
not--
(i) deny an application solely on the basis
that the applicant proposes to use the LNG
terminal exclusively or partially for gas that
the applicant or an affiliate of the applicant
will supply to the facility; or
(ii) condition an order on--
(I) a requirement that the LNG
terminal offer service to customers
other than the applicant, or any
affiliate of the applicant, securing
the order:
(II) any regulation of the rates,
charges, terms, or conditions of
service of the LNG terminal; or
(III) a requirement to file with the
Commission schedules or contracts
related to the rates, charges, terms,
or conditions of service of the LNG
terminal.
(C) Subparagraph (B) shall cease to have effect on
January 1, 2030.
* * * * * * *
(g) Deadline To Act on Certain Export Applications.--
(1) In general.--The Commission shall grant or deny
an application under subsection (a) to export to a
foreign country any natural gas from the United States
not later than 90 days after the later of--
(A) the date on which the notice of
availability for each final review required
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for the exporting
facility is published with respect to an
application--
(i) under subsection (e); or
(ii) for a license for the ownership,
construction, or operation of a
deepwater port, under section 4 of the
Deepwater Port Act of 1974 (33 U.S.C.
1503); and
(B) the date of enactment of this subsection.
(2) Applications to re-export.--The Commission shall
grant or deny an application under subsection (a) to
re-export to another foreign country any natural gas
that has been exported from the United States to Canada
or Mexico for liquefaction in Canada or Mexico, or the
territorial waters of Canada or Mexico, not later than
90 days after the later of--
(A) the date on which the notice of
availability for each draft review required
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for the
application is published; and
(B) the date of enactment of this subsection.
(3) Applications for extensions.--The Commission
shall grant or deny an application for an extension of
a previously issued authorization to export natural gas
described in paragraph (1) or (2) not later than 90
days after the later of--
(A) the date the application for extension is
received by the Commission; and
(B) the date of enactment of this subsection.
(4) Failure to act.--If the Commission fails to grant
or deny an application subject to this subsection by
the applicable date required by this subsection, the
application shall be considered to be granted and a
final agency order.
* * * * * * *
INDIAN RIGHT OF WAY ACT
Act of February 5, 1948, Chapter 45
AN ACT To empower the Secretary of the Interior to grant rights-of-way
for various purposes across lands of individual Indians or Indian
tribes, communities, bands or nations.
* * * * * * *
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [That the
Secretary of the Interior be, and he is hereby, empowered to]
SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS INDIAN LAND.
The Secretary of the Interior may grant rights-of-way for
all purposes, subject to such conditions as he may prescribe,
over and across any lands now or hereafter held in trust by the
United States for individual Indians or Indian tribes,
communities, bands, or nations, or any lands now or hereafter
owned, subject to restrictions against alienation, by
individual Indians or Indian tribes, communities, bands, or
nations, including the lands belonging to the Pueblo Indians in
New Mexico, and any other lands heretofore or hereafter
acquired or set aside for the use and benefit of Indians.
Sec. 2. No grant of a right-of-way over and across any
lands belonging to a tribe [organized under the Act of June 18,
1934 (48 Stat. 984), as amended; the Act of May 1, 1936 (49
Stat. 1250); or the Act of June 26, 1936 (49 Stat. 1967),]
shall be made without the consent of the proper tribal
officials. Rights-of-way over and across lands of individual
Indians may be granted without the consent of the individual
Indian owners if (1) the land is owned by more than one person,
and the owners or owner of a majority of the interests therein
consent to the grant; (2) the whereabouts of the owner of the
land or an interest therein are unknown, and the owners or
owner of any interests therein whose whereabouts are known, or
a majority thereof, consent to the grant; (3) the heirs or
devisees of a deceased owner of the land or an interest therein
have not been determined, and the Secretary of the Interior
finds that the grant will cause no substantial injury to the
land or any owner thereof; or (4) the owners of interests in
the land are so numerous that the Secretary finds it would be
impracticable to obtain their consent, and also finds that the
grant will cause no substantial injury to the land or any owner
thereof.
* * * * * * *
SEC. 8. TRIBAL GRANTS OF RIGHTS-OF-WAY.
(a) Rights-of-Way.--
(1) In general.--Subject to paragraph (2), an Indian
tribe may grant a right-of-way over and across the
Tribal land of the Indian tribe for any purpose.
(2) Authority.--A right-of-way granted under
paragraph (1) shall not require the approval of the
Secretary of the Interior or a grant by the Secretary
of the Interior under section 1 if the right-of-way
granted under that paragraph is executed in accordance
with a Tribal regulation approved by the Secretary of
the Interior under subsection (b).
(b) Review of Tribal Regulations.--
(1) Tribal regulation submission and approval.--
(A) Submission.--An Indian tribe seeking to
grant a right-of-way under subsection (a) shall
submit for approval a Tribal regulation
governing the granting of rights-of-way over
and across the Tribal land of the Indian tribe.
(B) Approval.--Subject to paragraph (2), the
Secretary of the Interior shall have the
authority to approve or disapprove any Tribal
regulation submitted under subparagraph (A).
(2) Considerations for approval.--
(A) In general.--The Secretary of the
Interior shall approve a Tribal regulation
submitted under paragraph (1)(A), if the Tribal
regulation--
(i) is consistent with any
regulations (or successor regulations)
issued by the Secretary of the Interior
under section 4;
(ii) provides for an environmental
review process that includes--
(I) the identification and
evaluation of any significant
impacts the proposed action may
have on the environment; and
(II) a process for ensuring--
(aa) that the public
is informed of, and has
a reasonable
opportunity to comment
on, any significant
environmental impacts
of the proposed action
identified by the
Indian tribe under
subclause (I); and
(bb) the Indian tribe
provides a response to
each relevant and
substantive public
comment on the
significant
environmental impacts
identified by the
Indian tribe under
subclause (I) before
the Indian tribe
approves the right-of-
way.
(B) Applicable laws.--The Secretary of the
Interior, in making a decision to approve a
Tribal regulation under this subsection, shall
not be subject to--
(i) the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
(ii) section 306108 of title 54,
United States Code; or
(iii) the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(3) Review process.--
(A) In general.--Not later than 180 days
after the date on which the Indian tribe
submits a Tribal regulation to the Secretary of
the Interior under paragraph (1)(A), the
Secretary of the Interior shall--
(i) review the Tribal regulation;
(ii) approve or disapprove the Tribal
regulation; and
(iii) notify the Indian tribe that
submitted the Tribal regulation of the
approval or disapproval.
(B) Written documentation.--If the Secretary
of the Interior disapproves a Tribal regulation
submitted under paragraph (1)(A), the Secretary
of the Interior shall include with the
disapproval notification under subparagraph
(A)(iii) written documentation describing the
basis for the disapproval.
(C) Extension.--The Secretary of the Interior
may, after consultation with the Indian tribe
that submitted a Tribal regulation under
paragraph (1)(A), extend the 180-day period
described in subparagraph (A).
(4) Federal environmental review.--Notwithstanding
paragraphs (2) and (3), if an Indian tribe carries out
a project or activity funded by a Federal agency, the
Indian tribe may rely on the environmental review
process of the applicable Federal agency rather than
any Tribal environmental review process required under
this subsection.
(c) Documentation.--An Indian tribe granting a right-of-way
under subsection (a) shall provide to the Secretary of the
Interior--
(1) a copy of the right-of-way, including any
amendments or renewals; and
(2) if the right-of-way allows for compensation to be
made directly to the Indian tribe, documentation of
payments that are sufficient, as determined by the
Secretary of the Interior, as to enable the Secretary
of the Interior to discharge the trust responsibility
of the United States under subsection (d).
(d) Trust Responsibility.--
(1) In general.--The United States shall not be
liable for losses sustained by any party to a right-of-
way granted under subsection (a).
(2) Authority of the secretary.--
(A) In general.--Pursuant to the authority of
the Secretary of the Interior to fulfill the
trust obligation of the United States to the
applicable Indian tribe under Federal law
(including regulations), the Secretary of the
Interior may, on reasonable notice from the
applicable Indian tribe and at the discretion
of the Secretary of the Interior, enforce the
provisions of, or cancel, any right-of-way
granted by the Indian tribe under subsection
(a).
(B) Authority.--The enforcement or
cancellation of a right-of-way under
subparagraph (A) shall be conducted using
regulatory procedures issued under section 6.
(e) Compliance.--
(1) In general.--An interested party, after
exhaustion of any applicable Tribal remedies, may
submit a petition to the Secretary of the Interior, at
such time and in such form as determined by the
Secretary of the Interior, to review the compliance of
an applicable Indian tribe with a Tribal regulation
approved by the Secretary of the Interior under
subsection (b).
(2) Violations.--If the Secretary of the Interior
determines that a Tribal regulation was violated after
conducting a review under paragraph (1), the Secretary
of the Interior may take any action the Secretary of
the Interior determines to be necessary to remedy the
violation, including rescinding the approval of the
Tribal regulation and reassuming responsibility for
approving rights-of-way through the trust land of the
applicable Indian tribe.
(3) Documentation.--If the Secretary of the Interior
determines that a Tribal regulation was violated after
conducting a review under paragraph (1), the Secretary
of the Interior shall--
(A) provide written documentation, with
respect to the Tribal regulation that has been
violated, to the appropriate interested party
and Indian tribe;
(B) provide the applicable Indian tribe with
a written notice of the alleged violation; and
(C) prior to the exercise of any remedy,
including rescinding the approval for the
applicable Tribal regulation or reassuming
responsibility for approving rights-of-way
through the trust land of the applicable Indian
tribe, provide the applicable Indian tribe
with--
(i) a hearing that is on the record;
and
(ii) a reasonable opportunity to cure
the alleged violation.
(f) Savings Clause.--Nothing in this section affects the
application of any Tribal regulations issued under Federal
environmental law.
(g) Effect of Tribal Regulations.--An approved Tribal
regulation under subsection (b) shall not preclude an Indian
tribe from, in the discretion of the Indian tribe, consenting
to the grant of a right-of-way by the Secretary of the Interior
under section 1.
(h) Terms of Right-of-Way.--The compensation for, and terms
of, a right-of-way granted under subsection (a) will be
determined by--
(1) negotiations by the Indian tribe; or
(2) the regulations of the Indian tribe.
(i) Jurisdiction.--The grant of a right-of-way under
subsection (a) does not waive the sovereign immunity of the
Indian tribe or diminish the jurisdiction of that Indian tribe
over the Tribal land subject to the right-of-way, unless
otherwise provided in--
(1) the grant of the right-of-way; or
(2) the regulations of the Indian tribe.
OUTER CONTINENTAL SHELF LANDS ACT
Act of August 7, 1953, Chapter 345, as Amended
AN ACT To provide for the jurisdiction of the United States over the
submerged lands of the outer Continental Shelf, and to authorize the
Secretary of the Interior to lease such lands for certain purposes.
* * * * * * *
Sec. 8. Leases, Easements, and Rights-of-Way on the Outer
Continental Shelf.--
* * * * * * *
(p) Leases, Easements, or Rights-of-Way for Energy and
Related Purposes.--
* * * * * * *
(4) Requirements.--The Secretary shall ensure that
any activity under this subsection is carried out in a
manner that provides for--
* * * * * * *
(I) [prevention of interference with
reasonable uses] prevention of unreasonable
interference with other uses (as determined by
the Secretary) of the exclusive economic zone,
the high seas, and the territorial seas;
* * * * * * *
[(10) Applicability.--This subsection does not apply
to any area on the outer Continental Shelf within the
exterior boundaries of any unit of the National Park
System, National Wildlife Refuge System, or National
Marine Sanctuary System, or any National Monument.]
(10) Applicability.--
(A) In general.--Except as provided in
subparagraph (B), this subsection does not
apply to any area on the outer Continental
Shelf within the exterior boundaries of any
unit of the National Park System, the National
Wildlife Refuge System, the National Marine
Sanctuary System, or any National Monument.
(B) Exception.--Notwithstanding subparagraph
(A), the Secretary, in consultation with the
Secretary of Commerce under section 304(d) of
the National Marine Sanctuaries Act (16 U.S.C.
1434(d)), may grant rights-of-way on the outer
Continental Shelf within units of the National
Marine Sanctuary System for the transmission of
electricity generated by or produced from
renewable energy.
(11) Duration of permits in marine sanctuaries.--
Notwithstanding section 310(c)(2) of the National
Marine Sanctuaries Act (16 U.S.C. 1441(c)(2)), any
permit or authorization granted under that Act that
authorizes the installation, operation, or maintenance
of electric transmission cables on a right-of-way
granted by the Secretary described in paragraph (10)(B)
shall be issued for a term equal to the duration of the
right-of-way granted by the Secretary.
* * * * * * *
GEOTHERMAL STEAM ACT OF 1970
Public Law 91-581
AN ACT To authorize the Secretary of the Interior to make disposition
of geothermal steam and associated geothermal resources, and for other
purposes.
* * * * * * *
SEC. 4. LEASING PROCEDURES.
(a) Nominations.--The Secretary shall accept nominations of
land to be leased at any time from qualified companies and
individuals under this Act.
(b) Competitive Lease Sales Required.--
(1) In general.--Except as otherwise specifically
provided by this Act, all land to be leased that is not
subject to leasing under subsection (c) shall be leased
as provided in this subsection to the highest
responsible qualified bidder, as determined by the
Secretary.
(2) Competitive lease sales.--The Secretary shall
hold a competitive lease sale at least once [every 2
years] per year for land in a State that has
nominations pending under subsection (a) if the land is
otherwise available for leasing.
* * * * * * *
(5) Replacement sales.--If a lease sale under this
section for a year is cancelled or delayed, the
Secretary shall conduct a replacement sale not later
than 180 days after the date of the cancellation or
delay, as applicable, and the replacement sale may not
be cancelled or delayed.
* * * * * * *
(g) Area Subject to Lease for Direct Use.--
(1) In general.--Subject to paragraph (2), a
geothermal lease for the direct use of geothermal
resources shall cover not more than the quantity of
acreage deermined by the Secretary to be reasonable
necessary for the proposed use.
(2) Limitations.--The quantity of acreage covered by
the lease shall not exceed the limitations established
under section 7.
(h) Deadlines for Consideration of Geothermal Drilling
Permits.--
(1) In general.--Not later than 10 days after the
date on which the Secretary receives an application for
any geothermal drilling permit, the Secretary shall--
(A) provide written notice to the applicant
that the application is complete; or
(B) notify the applicant that information is
missing from the application and specify any
information that is required to be submitted
for the application to be complete.
(2) Decision.--Not later than 30 days after the date
on which an applicant submits a complete application
for a geothermal drilling permit under paragraph (1),
the Secretary shall--
(A) grant or deny the application, if the
requirements under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
any other applicable law have been completed;
or
(B) defer the decision on the application and
provide to the applicant notice--
(i) that specifies steps that the
applicant can take for the decision on
the application to be issued; and
(ii) of a list of actions that need
to be taken by the agency in order to
comply with applicable law, and
timelines and deadlines for completing
those actions.
* * * * * * *
[SEC. 24. RULES AND REGULATIONS.
The Secretary]
SEC. 24. RULES AND REGULATIONS.
The Secretary shall prescribe such rules and regulations as
he may deem appropriate to carry out the provisions of this
Act. Such regulations may include, without limitation,
provisions for (a) the prevention of waste, (b) development and
conservation of geothermal and other natural resources, (c) the
protection of the public interest, (d) assignment, segregation,
extension of terms, relinquishment of leases, development
contracts, unitization, pooling, and drilling agreements, (e)
compensatory royalty agreements, suspension of operations or
production, and suspension or reduction of rental or royalties,
(f) the filing of surety bonds to assure compliance with the
terms pf the lease and to protect surface use and resources,
(g) use of the surface by a lessee of the lands embraced in his
lease, (h) the maintenance by the lessee of an active
development program, and (i) protection of water quality and
other environmental qualities. The Secretary shall, not later
than 180 days after the date of enactment of the Energy
Permitting Reform Act of 2024, promulgate rules for cost
recovery, to be paid by permit applicants or lessees, to
facilitate the timely coordination and processing of leases,
permits, and authorizations and to reimburse the Secretary for
all reasonable administrative costs incurred from the
inspection and monitoring of activities thereunder.
* * * * * * *
DEPARTMENT OF ENERGY ORGANIZATION ACT
Public Law 95-91
AN ACT To establish a Department of Energy in the executive branch by
the reorganization of energy functions within the Federal Government in
order to secure effective management to assure a coordinated national
energy policy, and for other purposes.
* * * * * * *
TITLE IV--FEDERAL ENERGY REGULATORY COMMISSION APPOINTMENT AND
ADMINISTRATION
Sec. 401. (a) There is hereby established within the
Department of Energy an independent regulatory commission to be
known as the Federal Energy Regulatory Commission.
* * * * * * *
(k) Addressing Insufficient Compensationof Employees and
Other Personnel of the Commission.--
* * * * * * *
(2) Certification of requirements.--A certification
issued under paragraph (1) shall--
(A) apply with respect to a category of
employees or other personnel responsible for
conducting work of a scientific, technological,
engineering, [or mathematical] mathematical,
economic, or legal nature;
* * * * * * *
[(6) Consultation required.--The Chairman shall
consult with the Director of the Office of Personnel
Management in implementing this subsection, including
in the determination of the amount of compensation with
respect to each category of employees or other
personnel.]
[(7)] (6) Experts and Consultants.--
* * * * * * *
PACIFIC NORTHWEST ELECTRIC POWER PLANNING AND CONSERVATION ACT
Public Law 117-286
AN ACT To assist the electric consumers of the Pacific Northwest
through use of the Federal Columbia River Power System to achieve cost-
effective energy conservation, to encourage the development of
renewable energy resources, to establish a representative regional
power planning process, to assure the region of an efficient and
adequate power supply, and for other purposes.
* * * * * * *
REGIONAL PLANNING AND PARTICIPATION
Sec. 4. (a)(1) The purposes of this section are to provide
for the prompt establishment and effective operation of the
Pacific Northwest Electric Power and Conservation Planning
Council, to further the purposes of this Act by the Council
promptly preparing and adopting (A) a regional conservation and
electric power plan and (B) a program to protect, mitigate, and
enhance fish and wildlife, and to otherwise expeditiously and
effectively carry out the Council's responsibilities and
functions under this Act.
* * * * * * *
(c)(1) The provisions of this subsection shall, except as
specifically provided in this subsection, apply to the Council
established pursuant to either subsection (a) or (b) of this
section.
* * * * * * *
(10)(A) At the request of the Council, the Administrator
shall pay from funds available to the Administrator the
compensation and other expenses of the Council as are
authorized by this Act, including the reimbursement of those
States with members on the Council for services and personnel
to assist in preparing a plan pursuant to subsection (d) and a
program pursuant to subsection (h) of this section, as the
Council determines are necessary or appropriate for the
performance of its functions and responsibilities. Such
payments shall be included by the Administrator in his annual
budgets submitted to Congress pursuant to the Federal Columbia
River Transmission System Act and shall be subject to the
requirements of that Act, including the audit requirements of
section 11(d) of such Act. The records, reports, and other
documents of the Council shall be available to the Comptroller
General for review in connection with such audit or other
review and examination by the Comptroller General pursuant to
other provisions of law applicable to the Comptroller General.
Funds provided by the Administrator for such payments shall not
exceed annually an amount equal to 0.02 mill multiplied by the
kilowatt hours of firm power forecast to be sold by the
Administrator during the year to be funded. In order to assist
the Council's initial organization, the Administrator after the
enactment of this Act shall promptly prepare and propose an
amended annual budget to expedite payment for Council
activities.
(B) Notwithstanding the limitation contained in the fourth
sentence of subparagraph (A) of this paragraph, upon an annual
showing by the Council that such limitation will not permit the
Council to carry out its functions and responsibilities under
this Act the Administrator may raise such limit up to any
amount not in excess of 0.10 mill multiplied by the kilowatt
hours of firm power forecast to be sold by the Administrator
during the year to be funded [.], adjusted for inflation since
the date of enactment of the Energy Permitting Reform Act of
2024.
* * * * * * *
OMNIBUS BUDGET RECONCILIATION ACT OF 1993
Public Law 103-66
AN ACT To provide for reconciliation pursuant to section 7 of the
concurrent resolution on the budget for fiscal year 1994.
* * * * * * *
TITLE X--NATURAL RESOURCES PROVISIONS
* * * * * * *
Subtitle B--Hardrock Mining Claim Maintenance Fee
SEC. 10101. FEE.
(a) Claim Maintenance Fee.--
(1) Lode mining claims, mill sites, and tunnel
sites.--[The holder of]
(A) In general.--The holder of each
unpatented lode mining claim, mill site, or
tunnel site, located pursuant to the mining
laws of the United States before, on, or after
August 10, 1993, shall pay to the Secretary of
the Interior, on or before September 1 of each
year, to the extent provided in advance in
appropriations Acts, a claim maintenance fee of
$100 per claim or site, respectively. [Such
claim maintenance fee]
(B) Fee.--The claim maintenance fee under
subparagraph (A) shall be in lieu of the
assessment work requirement contained in [the
Mining Law of 1872 (30 U.S.C. 28-28e)] sections
2319 through 2344 of the Revised Statutes (30
U.S.C. 22 et seq.) and the related filing
requirements contained in section 314 (a) and
(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1744(a) and (c)).
(2) Placer mining claims.--[The holder of]
(A) In general.--The holder of each
unpatented placer mining claim located pursuant
to the mining laws of the United States before,
on, or after August 10, 1993, shall pay to the
Secretary of the Interior, on or before
September 1 of each year, the claim maintenance
fee described in subsection (a)(1), for each 20
acres of the placer claim or portion thereof.
[Such claim maintenance fee]
(B) Fee.--The claim maintenance fee under
subparagraph (A) shall be in lieu of the
assessment work requirement contained in [the
Mining Law of 1872 (30 U.S.C. 28-28e)] sections
2319 through 2344 of the Revised Statutes (30
U.S.C. 22 et seq.) and the related filing
requirements contained in section 314(a) and
(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1744(a) and (c)).
(b) Time of Payment.--[The claim maintenance fee]
(1) In general.--The claim maintenance fee under
subsection (a) shall be paid for the year in which the
location is made, at the time the location notice is
recorded with the Bureau of Land Management. [The
location fee]
(2) Fee.--The location fee imposed under section
10102 shall be payable not later than 90 days after the
date of location.
* * * * * * *
(d) Waiver.--(1) The claim maintenance fee required under
this section may be waived for a claimant who certifies in
writing to the Secretary that on the date the payment was due,
the claimant and all related parties--
(A) held not more than 10 mining claims, mill sites,
or tunnel sites, or any combination thereof, on public
lands; and
(B) have performed assessment work required under
[the Mining Law of 1872 (30 U.S.C. 28-28e)] sections
2319 through 2344 of the Revised Statutes (30 U.S.C. 22
et seq.) to maintain the mining claims held by the
claimant and such related parties for the assessment
year ending on noon of September 1 of the calendar year
in which payment of the claim maintenance fee was due.
* * * * * * *
ENERGY POLICY ACT OF 2005
Public Law 109-58
AN ACT To ensure jobs for our future with secure, affordable, and
reliable energy.
* * * * * * *
TITLE II--RENEWABLE ENERGY
* * * * * * *
Subtitle G--Miscellaneous
* * * * * * *
SEC. 390. NEPA REVIEW.
(a) NEPA Review.--Action by the Secretary of the Interior
in managing the public lands, or the Secretary of Agriculture
in managing National Forest System Lands, with respect to any
of the activities described in subsection (b) shall be subject
to a rebuttable presumption that the use of a categorical
exclusion under the National Environmental Policy act of 1969
[(NEPA)] (42 U.S.C. 4321 et seq.)(referred to in this section
as ``NEPA'') would apply if the activity is conducted pursuant
to the Mineral Leasing Act (30 U.S.C. 181 et seq.) for the
purpose of exploration or development of oil or gas, or the
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) for
purpose of exploration or development of geothermal resources.
(b) Activities Described.--The activities referred to in
subsection (a) are the following:
* * * * * * *
(2) Drilling an [oil or gas] oil, gas, or geothermal
resources well at a location or well pad site at which
drilling has occurred previously within 5 years prior
to the date of spudding the well.
(3) Drilling an [oil or gas] oil, gas, or geothermal
resources well within a developed field for which an
approved land use plan or any environmental document
prepared pursuant to NEPA analyzed such drilling as a
reasonable foreseeable activity, so long as such plan
or document was approved within 5 years prior to the
date of spudding the well.
* * * * * * *
TITLE XII--ELECTRICITY
* * * * * * *
Subtitle B--Transmission Infrastructure Modernization
* * * * * * *
SEC. 1222. THIRD PARTY FINANCE.
(a) Existing Facilities.--The Secretary, acting through the
Administrator of the Western Area Power Administration
(hereinafter in this section referred to as ``WAPA''), or
through the Administrator of the Southwestern Power
Administration (hereinafter in this section referred to as
``SWPA''), or both, may design, develop, construct, operate,
maintain, or own, or participate with other entities in
designing, developing, constructing, operating, maintaining, or
owning, an electric power transmission facility and related
facilities (``Project'') needed to upgrade existing
transmission facilities owned by SWPA or WAPA if the Secretary,
in consultation with the applicable Administrator, determines
that the proposed Project--
(1)(A) is located [in a national interest electric
transmission corridor designated under section 216(a)]
in a geographic area identified under section 224 of
the Federal Power Act and will reduce congestion of
electric transmission in interstate commerce; or
(B) is necessary to accommodate an actual or
projected increase in demand for electric transmission
capacity;
* * * * * * *
(b) New Facilities.-- The Secretary, acting through WAPA or
SWPA, or both, may design, develop, construct, operate,
maintain, or own, or participate with other entities in
designing, developing, constructing, operating, maintaining, or
owning, a new electric power transmission facility and related
facilities (``Project'') located within any State in which WAPA
or SWPA operates if the Secretary, in consultation with the
applicable Administrator, determines that the proposed
Project--
(1)(A) is located [in a national interest electric
transmission corridor designated under section 216(a)]
in a geographic area identified under section 224 of
the Federal Power Act and will reduce congestion of
electric transmission in interstate commerce; or
(B) is necessary to accommodate an actual or
projected increase in demand for electric transmission
capacity;
* * * * * * *
ENERGY ACT OF 2020
Division Z of the Consolidated Appropriations Act, 2021, Public Law
116-260
* * * * * * *
TITLE III--RENEWABLE ENERGY AND STORAGE
* * * * * * *
Subtitle B--Natural Resources Provisions
SEC. 3101. DEFINITIONS.
In this subtitle:
* * * * * * *
(4) Eligible project.--The term ``eligible project''
means a project carried out on covered land that uses
wind, solar, or geothermal energy to generate or store
energy.
* * * * * * *
SEC. 3102. PROGRAM TO IMPROVE ELIGIBLE PROJECT PERMIT COORDINATION.
(a) Establishment.--The Secretary shall establish a
national Renewable Energy Coordination Office and State,
district, or field offices, as appropriate, with responsibility
to establish and implement a program to improve Federal permit
coordination with respect to eligible projects on covered land
and such other activities as the Secretary determines
necessary. In carrying out the program, the Secretary may
temporarily assign qualified staff to Renewable Energy
Coordination Offices to expedite the permitting of eligible
projects sufficient to achieve goals for renewable energy
production on Federal land established under section 3104.
* * * * * * *
(f) Renewable Energy Project Review Standards.--Not later
than 2 years after the date of enactment of the Energy
Permitting Reform Act of 2024, for the purpose of encouraging
standardized reviews and facilitating the permitting of
eligible projects, the National Renewable Energy Coordination
Office of the Bureau of Land Management shall promulgate
renewable energy project review standards to be adopted by
regional renewable energy coordination offices.
(g) Clarification of Existing Authority.--Under section 307
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1737), the Secretary may accept donations from renewable
energy companies to improve community engagement for the
permitting of energy projects.
[(f)] (h) Report to Congress._
* * * * * * *
SEC. 3104. NATIONAL GOAL FOR RENEWABLE ENERGY PRODUCTION ON FEDERAL
LAND.
(a) In General.--Not later than September 1, 2022, the
Secretary shall, in consultation with the Secretary of
Agriculture and other heads of relevant Federal agencies,
establish and periodically revise national goals for renewable
energy production on Federal land.
(b) Minimum Production Goal.--The Secretary shall seek to
issue permits that, in total, authorize production f not less
than 25 gigawatts of electricity from wind, solar, and
geothermal energy projects by not later than 2025, through
management of public lands and administration of Federal laws.
(c) Permitting.--Subject to the limitations described in
section 50265(b)(1) of Public Law 117-169 (43 U.S.C.
3006(b)(1)), the Secretary shall, in consultation with the
heads of relevant Federal agencies, seek to issue permits that
authorize, in total, sufficient electricity from eligible
projects to meet or exceed the national goals established and
revised under this section.
* * * * * * *
INFRASTRUCTURE INVESTMENT AND JOBS ACT
Public Law 117-58
AN ACT To authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes.
* * * * * * *
DIVISION D--ENERGY
* * * * * * *
TITLE I--GRID INFRASTRUCTURE AND RESILIENCY
Subtitle A--Grid Infrastructure Resiliency and Reliability
* * * * * * *
SEC. 40106. TRANSMISSION FACILITATION PROGRAM.
* * * * * * *
(h) Public-Private Partnerships.--The Secretary may
participate with an eligible entity with respect to an eligible
project under subsection (e)(1)(C) if the Secretary determines
that the eligible project--
(1)(A) is located [in an area designated as a
national interest electric transmission corridor
pursuant to section 216(a) of the Federal Power Act 16
U.S.C. 824p(a)] in a geographic area identified under
section 224 of the Federal Power Act; or
* * * * * * *
INFLATION REDUCTION ACT
Public Law 117-169
AN ACT To provide for reconciliation pursuant to title II of S. Con.
Res. 14.
* * * * * * *
TITLE V--COMMITTEE ON ENERGY AND NATURAL RESOURCES
Subtitle A--Energy
* * * * * * *
PART 5--ELECTRIC TRANSMISSION
SEC. 50151. TRANSMISSION FACILITY FINANCING.
* * * * * * *
(b) Use of Funds.--The Secretary shall use the amounts made
available by subsection (a) to carry out a program to pay the
costs of direct loans to non-Federal borrowers, subject to the
limitations that apply to loan guarantees under section
50141(d) and under such terms and conditions as the Secretary
determines to be appropriate, for the construction or
modification of electric transmission [facilities designated by
the Secretary to be necessary in the nation interest under
section 216(a) of the Federal Power Act (16 U.S.C. 824p(a))]
facilities in a geographic area identified under section 224 of
the Federal Power Act.
* * * * * * *
PART 6--FOSSIL FUEL RESOURCES
* * * * * * *
SEC. 50265. ENSURING ENERGY SECURITY.
* * * * * * *
(b) Limitation on Issuance of Certain Leases or Rights-of-
Way.--During the 10-year period beginning on the date of
enactment of this Act--
(1) the Secretary may not issue a right-of-way for
wind or solar energy development on Federal land
unless--
(A) an onshore lease sale has been held
during the 120-day period ending on the date of
the issuance of the right-of-way for wind or
solar energy development; and
(B) the sum total of acres offered for lease
in onshore lease sales during the 1-year period
ending on the date of the issuance of the
right-of-way for wind or solar energy
development, including only acres that were
nominated in previously submitted expressions
of interest, is not less than the lesser of--
(i) 2,000,000 acres; and
(ii) 50 percent of the acreage for
which expressions of interest have been
submitted for lease sales during that
period; and
* * * * * * *
[all]