[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._

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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.

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                 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.

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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

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                        INFLATION REDUCTION ACT

                           Public Law 117-169


 AN ACT To provide for reconciliation pursuant to title II of S. Con. 
Res. 14.

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           TITLE V--COMMITTEE ON ENERGY AND NATURAL RESOURCES

Subtitle A--Energy

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                     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.

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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

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                                  [all]