S4753-118

1. Short title; table of contents This Act may be cited as the Energy Permitting Reform Act of 2024. The table of contents for this Act is as follows:

101. Accelerating claims In this section: 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. The term authorization includes— agency approvals of lease sales, permits, or plans required to explore for, develop, or produce minerals under— the Mineral Leasing Act (30 U.S.C. 181 et seq.); the Act of August 7, 1947 (commonly known as the Mineral Leasing Act for Acquired Lands) (30 U.S.C. 351 et seq.); 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.); sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872) (30 U.S.C. 22 et seq.); the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); or the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); and statements or permits for a project under sections 7 and 10 of the Endangered Species Act of 1973 (16 U.S.C. 1536, 1539). 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.): An environmental assessment. A finding of no significant impact. An environmental impact statement. A record of decision. The term project means a project— proposed for the construction of infrastructure— to develop, produce, generate, store, transport, or distribute energy; to capture, remove, transport, or store carbon dioxide; or to mine, extract, beneficiate, or process minerals; and subject to the requirements that— an environmental document be prepared; and the applicable agency issue an authorization of the activity. The term project sponsor means an entity, including any private, public, or public-private entity, seeking an authorization for a project. 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. 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. 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. 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. 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. 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.

201. Onshore oil and gas leasing 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 for which expressions of interest have been submitted that have been after sum of total acres. Section 17(b) of the Mineral Leasing Act (30 U.S.C. 226(b)) is amended by adding at the end the following: 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. 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. A lease issued under this section shall be subject to the terms and conditions of the approved resource management plan. 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. Section 17(q) of the Mineral Leasing Act (30 U.S.C. 226(q)) is amended— by striking Secretary each place it appears and inserting Secretary of the Interior; in paragraph (1), by striking nonrefundable; and by adding at the end the following: 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— 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 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. Except as provided in paragraph (3)(B), the fee assessed under paragraph (1) shall be nonrefundable. (3)Subdivision(A)In generalA 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 reviewsNothing 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 conditionsA lease issued under this section shall be subject to the terms and conditions of the approved resource management plan.(B)Effect of leasing decisionNotwithstanding 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.. (3)Refund for nonwinning bidIf 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)RefundabilityExcept as provided in paragraph (3)(B), the fee assessed under paragraph (1) shall be nonrefundable..

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: 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. 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— all permits approved during the 2-year period preceding the date of enactment of this paragraph; and all pending applications for permit to drill submitted prior to the date of enactment of this paragraph. (4)Term(A)In generalA 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)RetroactivityIn 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..

203. Permitting compliance on non-Federal land 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— the Federal Government— owns less than 50 percent of the minerals within the oil and gas drilling or spacing unit; and does not own or lease the surface estate within the area directly impacted by the action; 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 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. For each State permit to drill or drilling plan that would impact or extract oil and gas owned by the Federal Government— each lessee of Federal minerals in the unit, or designee of a lessee, shall— 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 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; 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 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. 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)). Nothing in this section affects— 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 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. Section 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)) is amended— by striking the subsection designation and all that follows through Secretary of the Interior, or in the first sentence and inserting the following: The Secretary of the Interior, or by adding at the end the following: 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— to require a bond to protect non-Federal land; to enter non-Federal land without the consent of the applicable landowner; to impose mitigation requirements; or to require approval for surface reclamation. Land referred to in subparagraph (A) is land where— the Federal Government— owns less than 50 percent of the minerals within the oil and gas drilling or spacing unit; and does not own or lease the surface estate within the area directly impacted by the action; 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 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. (g)(1)The Secretary of the Interior, or; and (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..

204. Coal leases on Federal land Section 2(a) of the Mineral Leasing Act (30 U.S.C. 201(a)) is amended— 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 by adding at the end the following: 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. 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. 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. 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. Section 2(a)(1) of the Mineral Leasing Act (30 U.S.C. 201(a)(1)) is amended— in the first sentence— by striking he finds appropriate and inserting the Secretary of the Interior finds appropriate; and by striking he deems appropriate and inserting the Secretary of the Interior determines to be appropriate; in the sixth sentence, by striking Prior to his determination and inserting Prior to a determination by the Secretary of the Interior; in the seventh sentence— by striking to make public his judgment and inserting to make public the judgment of the Secretary of the Interior; and by striking comments he receives and inserting comments received by the Secretary of the Interior; and in the eighth sentence, by striking He is hereby authorized and inserting The Secretary of the Interior is authorized. 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. (6)Deadlines(A)Applicant motionNot 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)DecisionNot 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 valueNot 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..

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

206. Accelerating renewable energy permitting 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 (as defined in section 3101 of the Energy Act of 2020 (43 U.S.C. 3001)), the applicable Secretary shall— notify the applicant that the application is complete; or 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. For an eligible project (as defined in section 3101 of the Energy Act of 2020 (43 U.S.C. 3001)) 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). 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. 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— 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 defer the decision on the application and provide to the applicant notice— that specifies steps that the applicant can take for the decision on the application to be issued; and 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. Not later than 180 days after the date of enactment of this Act, to facilitate timely permitting of eligible projects (as defined in section 3101 of the Energy Act of 2020 (43 U.S.C. 3001)), the Secretary of the Interior and the Secretary of Agriculture shall each promulgate regulations for the use of 1 or more categorical exclusions under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for low disturbance activities necessary for renewable energy projects. Low disturbance activities referred to in paragraph (1) are the following: 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. 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. Activities on previously disturbed or developed (as defined in section 1021.410(g)(1) of title 10, Code of Federal Regulations (or successor regulations)) 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. The installation, modification, operation, or decommissioning of commercially available energy systems located on a building or other structure (such as a rooftop, parking lot, or facility, or mounted to signage, lighting, gates, or fences). Maintenance of a minor activity, other than any construction or major renovation, or a building or facility. Preliminary geotechnical investigations. The installation and removal of temporary meteorological stations.

207. Improving renewable energy coordination on Federal land 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. Section 3104 of the Energy Act of 2020 (43 U.S.C. 3004) is amended— in subsection (a), by inserting and periodically revise after establish; and by adding at the end the following: 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. Paragraph (4) of section 3101 of the Energy Act of 2020 (43 U.S.C. 3001) is amended by inserting or store after generate. Section 3102 of the Energy Act of 2020 (43 U.S.C. 3002) is amended— 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; by redesignating subsection (f) as subsection (h); and by inserting after subsection (e) the following: 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. 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. 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)). (c)PermittingSubject 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.. (f)Renewable energy project review standardsNot 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 authorityUnder 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..

208. Geothermal leasing and permitting improvements 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 promulgate regulations for the use of 1 or more categorical exclusions 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— the commercial production of geothermal resources; the use of geothermal resources for commercial operations; or construction of permanent roads. Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amended— in paragraph (2), by striking every 2 years and inserting per year; and by adding at the end the following: 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. Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is amended by adding at the end the following: Not later than 10 days after the date on which the Secretary receives an application for any geothermal drilling permit, the Secretary shall— provide written notice to the applicant that the application is complete; or 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. 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— 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 defer the decision on the application and provide to the applicant notice— that specifies steps that the applicant can take for the decision on the application to be issued; and 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. Section 24 of the Geothermal Steam Act of 1970 (30 U.S.C. 1023) is amended— by striking the section designation and all that follows through The Secretary and inserting the following: The Secretary 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.. 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— surface exploration; geophysical exploration; drilling; and power plant construction. Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is amended— in subsection (a)— by striking (NEPA) and inserting (42 U.S.C. 4321 et seq.) (referred to in this section as NEPA); by inserting (30 U.S.C. 181 et seq.) after Mineral Leasing Act; and 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 in subsection (b)— in paragraph (2), by striking oil or gas and inserting oil, gas, or geothermal resources; and in paragraph (3), by striking oil or gas and inserting oil, gas, or geothermal resources. 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. The Geothermal Ombudsman appointed under paragraph (1) shall— act as a liaison between the individual field offices of the Bureau of Land Management and the Director of the Bureau of Land Management; provide dispute resolution services between the individual field offices of the Bureau of Land Management and applicants for geothermal resource permits; monitor and facilitate permit processing practices and timelines across individual field offices of the Bureau of Land Management; develop best practices for the permitting and leasing process for geothermal resources; and coordinate with the Federal Permitting Improvement Steering Council. 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. (5)Replacement salesIf 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.. (h)Deadlines for consideration of geothermal drilling permits(1)In generalNot 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)DecisionNot 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.. 24.Rules and regulationsThe Secretary; and

24. Rules and regulations The Secretary

209. Electric grid projects 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). 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 promulgate regulations for the use of 1 or more categorical exclusions under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the following activities: 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. Any repair, maintenance, replacement, upgrade, modification, optimization, or minor relocation of, or addition to, an existing electric transmission or distribution facility or associated infrastructure within an existing right-of-way or on otherwise previously disturbed or developed land, including reconductoring and installation of grid-enhancing technologies. Construction, operation, upgrade, or decommissioning of a battery or other energy storage technology on previously disturbed or developed land.

210. Hardrock mining mill sites Section 2337 of the Revised Statutes (30 U.S.C. 42) is amended by adding at the end the following: In this subsection: 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. 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). 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— subpart 3809 of title 43, Code of Federal Regulations (or successor regulations establishing application and approval requirements); and part 228 of title 36, Code of Federal Regulations (or successor regulations establishing application and approval requirements). 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— 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)); 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 land where the mineral character has not been determined. 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— locate and include within the plan of operations as many mill site claims under this subsection as are reasonably necessary for its operations; and use or occupy public land in accordance with an approved plan of operations. A mill site under this subsection does not convey mineral rights to the locator. A location of a single mill site under this subsection shall not exceed 5 acres. 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. 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. A mill site under this section shall not be eligible for patenting. Nothing in this subsection— diminishes any right (including a right of entry, use, or occupancy) of a claimant; 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; modifies any provision of law or any prior administrative action withdrawing land from location or entry; 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— the general mining laws; the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); the Wilderness Act (16 U.S.C. 1131 et seq.); sections 100731 through 100737 of title 54, United States Code; the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); division A of subtitle III of title 54, United States Code (commonly referred to as the ‘National Historic Preservation Act’); or 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); restores any right (including a right of entry, use, or occupancy, or right to conduct operations) of a claimant that— existed prior to the date on which the land was closed to, or withdrawn from, location under the general mining laws; and that has been extinguished by such closure or withdrawal; or modifies section 404 of division E of the Consolidated Appropriations Act, 2024 (Public Law 118–42). 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). 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. The Secretary of the Interior may make expenditures from amounts available in the Fund, without further appropriations, only to carry out section 40704 of the Infrastructure Investment and Jobs Act (30 U.S.C. 1245). Amounts made available under paragraph (3)— shall be allocated in accordance with section 40704(e)(1) of the Infrastructure Investment and Jobs Act (30 U.S.C. 1245(e)(1)); and may be transferred in accordance with section 40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)). Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is amended— 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.); in subsection (a)— in paragraph (1)— in the second sentence, by striking Such claim maintenance fee and inserting the following: The claim maintenance fee under subparagraph (A) in the first sentence, by striking The holder of and inserting the following: The holder of in paragraph (2)— in the second sentence, by striking Such claim maintenance fee and inserting the following: The claim maintenance fee under subparagraph (A) in the first sentence, by striking The holder of and inserting the following: The holder of in subsection (b)— in the second sentence, by striking The location fee and inserting the following: The location fee in the first sentence, by striking The claim main tenance fee and inserting the following: The claim maintenance fee (c)Additional mill sites(1)DefinitionsIn this subsection:(A)Mill siteThe 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; OperatorThe 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 operationsThe 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 landThe 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 generalNotwithstanding 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 rightsA mill site under this subsection does not convey mineral rights to the locator.(4)Size of mill sitesA 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 landA 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 claimsThe 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)PatentingA mill site under this section shall not be eligible for patenting.(8)Savings provisionsNothing 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)FeeThe claim maintenance fee under subparagraph (A); and (A)In generalThe holder of; and (B)FeeThe claim maintenance fee under subparagraph (A); and (A)In generalThe holder of; and (2)FeeThe location fee; and (1)In generalThe claim maintenance fee.

301. Offshore oil and gas leasing 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. The Secretary shall— 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)); 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 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.

302. Offshore wind energy Effective on the date of enactment of this Act, the Secretary shall— 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 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. 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. 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). 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. 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). Section 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)) is amended— by striking paragraph (10) and inserting the following: 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. 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. by adding at the end the following: 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. 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)). (10)Applicability(A)In generalExcept 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)ExceptionNotwithstanding 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 (11)Duration of permits in marine sanctuariesNotwithstanding 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..

401. Transmission permitting Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended by striking subsection (a) and inserting the following: In this section: The term Commission means the Federal Energy Regulatory Commission. The term improved reliability has the meaning given the term in section 225(a). The term Secretary means the Secretary of Energy. The term transmission planning region has the meaning given the term in section 225(a). Section 216(b) of the Federal Power Act (16 U.S.C. 824p(b)) is amended— 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, issue one or more permits for the construction or modification of electric transmission facilities necessary in the national interest if the Commission finds that; in paragraph (1)— in subparagraph (A)(i), by inserting or modification after siting; and in subparagraph (C)— in the matter preceding clause (i), by inserting or modification after siting; and 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 by striking paragraphs (2) through (6) and inserting the following: 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; the proposed construction or modification is consistent with the public interest; the proposed construction or modification will significantly reduce transmission congestion in interstate commerce, protect or benefit consumers, and provide improved reliability; the proposed construction or modification is consistent with sound national energy policy and will enhance energy independence; 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 the proposed modification (including reconductoring) will maximize, to the extent reasonable and economical, the transmission capabilities of existing towers, structures, or rights-of-way. Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended by striking subsection (d) and inserting the following: 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. 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. 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.. Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended by striking subsection (f) and inserting the following: 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. 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— improved reliability; reduced congestion; reduced power losses; greater carrying capacity; reduced operating reserve requirements; and improved access to lower cost generation that achieves reductions in the cost of delivered power. 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. 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)). Section 216(h) of the Federal Power Act (16 U.S.C. 824p(h)) is amended— in paragraph (2), by striking the period at the end and inserting the following: “, except that— the Commission shall act as the lead agency in the case of facilities permitted under subsection (b) and section 225; and 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)). 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; in paragraph (4)(A), by striking As head of the lead agency, the Secretary and inserting The lead agency; in paragraph (5)(A), by striking As lead agency head, the Secretary and inserting The lead agency; and in paragraph (7)— 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 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. Section 216(i) of the Federal Power Act (16 U.S.C. 824p(i)) is amended— in paragraph (3), by striking , including facilities in national interest electric transmission corridors; and in paragraph (4)— in subparagraph (A), by striking ; and and inserting a period; by striking subparagraph (B); and 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. Section 219(b)(4) of the Federal Power Act (16 U.S.C. 824s(b)(4)) is amended— in subparagraph (A), by striking and after the semicolon at the end; in subparagraph (B), by striking the period at the end and inserting ; and; and by adding at the end the following: all prudently incurred costs associated with payments to jurisdictions impacted by electric transmission facilities developed pursuant to section 216 or 225. Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended by striking subsection (k) and inserting the following: This section shall not apply within the area referred to in section 212(k)(2)(A). 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)). 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. Section 1222 of the Energy Policy Act of 2005 (42 U.S.C. 16421) is amended— 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 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. 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. 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. (a)DefinitionsIn this section:(1)CommissionThe term Commission means the Federal Energy Regulatory Commission.(2)Improved reliabilityThe term improved reliability has the meaning given the term in section 225(a). (3)SecretaryThe term Secretary means the Secretary of Energy.(4)Transmission planning regionThe term transmission planning region has the meaning given the term in section 225(a).. (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.. (d)State siting and consultation(1)Preservation of state siting authorityThe 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)ConsultationIn 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.. (f)Cost allocation(1)Transmission tariffsFor 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 benefitsThe 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 protectionCustomers 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.. (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)).; (C)all prudently incurred costs associated with payments to jurisdictions impacted by electric transmission facilities developed pursuant to section 216 or 225.. (k)Jurisdiction(1)ERCOTThis section shall not apply within the area referred to in section 212(k)(2)(A).(2)Other utilitiesFor 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))..

402. Transmission planning Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following: 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. 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— is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers; or is expected to experience such energy transmission capacity constraints or congestion. 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. In this section: The term Commission means the Federal Energy Regulatory Commission. The term ERO has the meaning given the term in section 215(a). 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: facilitating compliance with a mandatory standard for reliability approved by the Commission under section 215; a reduction in expected unserved energy, loss of load hours, or loss of load probability (as defined by the ERO); facilitating compliance with a tariff requirement or process for resource adequacy on file with the Commission; and any other similar material improvement, including a reduction in correlated outage risk, such as achieved through increased geographic or resource diversification. The term interregional transmission facility means a transmission facility that— is located within 2 or more neighboring transmission planning regions; or significantly impacts the ability of 1 or more transmission planning regions to transmit electric energy among neighboring transmission planning regions. The term transmission planning region— 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 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). 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. This section shall not apply within the area referred to in section 212(k)(2)(A). 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)). 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— require neighboring transmission planning regions to jointly plan with each other; 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 separate joint interregional transmission plan with each of its neighboring transmission planning regions; or 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 establish rate treatments for interregional transmission planning and cost allocation. The Commission shall require, within the rule under subsection (c), that joint interregional transmission plans contain the following elements: A common set of input assumptions and models, on a consistent timeline, that— 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; consider, to the extent reasonable and economical, modifications that maximize the transmission capabilities of existing towers, structures, or rights-of-way; and consider existing transmission plans. A common set of benefits for interregional transmission planning and cost allocation, including— improved reliability; reduced congestion; reduced power losses; greater carrying capacity; reduced operating reserve requirements; and improved access to lower cost generation that achieves reductions in the cost of delivered power. Criteria governing the selection by transmission planning regions, for construction or modification, of interregional transmission facilities that— provide improved reliability; protect or benefit consumers; and are consistent with the public interest. The joint interregional transmission plans required to be submitted to the Commission pursuant to the rule under subsection (c) shall be— submitted to the Commission not later than 2 years after the date of enactment of this section; and updated not less frequently than once every 4 years. The Commission shall— review each joint interregional transmission plan submitted pursuant to the rule under subsection (c); and approve the joint interregional transmission plan if the Commission finds that the plan— meets the requirements of subsection (d); allocates costs in accordance with subsection (g); ensures that all rates, charges, terms, and conditions will be just and reasonable and not unduly discriminatory or preferential; and is consistent with the public interest. 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. 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). 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. 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. In the event of a dispute between transmission planning regions with respect to a material element of a joint interregional transmission plan— the transmission planning regions shall submit to the Commission their respective proposals for resolving the material element in dispute for resolution; and 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. 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— grant a request to extend the time for submission of the joint interregional transmission plan; or require, by order, the transmitting utilities within the affected transmission planning regions to comply with a joint interregional transmission plan approved by the Commission— based on the record of the planning process conducted by the affected transmission planning regions; and in accordance with the cost allocation provisions in subsection (g). For purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)— 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 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. 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. Section 201 of the Federal Power Act (16 U.S.C. 824) is amended— in subsection (b)(2)— in the first sentence, by striking and 222 and inserting 222, and 225; and in the second sentence, by striking or 222 and inserting 222, or 225; and in subsection (e)— by striking 206(f),; and by striking or 222 and inserting 222, or 225. 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. 224.Transmission study(a)In generalNot 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)ReportNot 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)ConsultationNot 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. 225.Planning for transmission facilities that enhance grid reliability, affordability, and resilience(a)DefinitionsIn this section:(1)CommissionThe term Commission means the Federal Energy Regulatory Commission.(2)EROThe term ERO has the meaning given the term in section 215(a).(3)Improved reliabilityThe 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 facilityThe 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 generalThe 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)ExclusionThe 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)ERCOTThis section shall not apply within the area referred to in section 212(k)(2)(A).(2)Other utilitiesFor 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)).(c)Rulemaking requirementNot 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 elementsThe Commission shall require, within the rule under subsection (c), that joint interregional transmission plans contain the following elements:(1)CompatibilityA 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 benefitsA 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 criteriaCriteria 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; updatesThe 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 reviewThe 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 tariffsFor 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)RequirementThe 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 protectionCustomers 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 PermitFor 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 ResolutionIn 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 PlanIn 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)NEPAFor 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 provisionExcept 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..

224. Transmission study 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. 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— is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers; or is expected to experience such energy transmission capacity constraints or congestion. 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.

225. Planning for transmission facilities that enhance grid reliability, affordability, and resilience In this section: The term Commission means the Federal Energy Regulatory Commission. The term ERO has the meaning given the term in section 215(a). 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: facilitating compliance with a mandatory standard for reliability approved by the Commission under section 215; a reduction in expected unserved energy, loss of load hours, or loss of load probability (as defined by the ERO); facilitating compliance with a tariff requirement or process for resource adequacy on file with the Commission; and any other similar material improvement, including a reduction in correlated outage risk, such as achieved through increased geographic or resource diversification. The term interregional transmission facility means a transmission facility that— is located within 2 or more neighboring transmission planning regions; or significantly impacts the ability of 1 or more transmission planning regions to transmit electric energy among neighboring transmission planning regions. The term transmission planning region— 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 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). 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. This section shall not apply within the area referred to in section 212(k)(2)(A). 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)). 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— require neighboring transmission planning regions to jointly plan with each other; 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 separate joint interregional transmission plan with each of its neighboring transmission planning regions; or 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 establish rate treatments for interregional transmission planning and cost allocation. The Commission shall require, within the rule under subsection (c), that joint interregional transmission plans contain the following elements: A common set of input assumptions and models, on a consistent timeline, that— 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; consider, to the extent reasonable and economical, modifications that maximize the transmission capabilities of existing towers, structures, or rights-of-way; and consider existing transmission plans. A common set of benefits for interregional transmission planning and cost allocation, including— improved reliability; reduced congestion; reduced power losses; greater carrying capacity; reduced operating reserve requirements; and improved access to lower cost generation that achieves reductions in the cost of delivered power. Criteria governing the selection by transmission planning regions, for construction or modification, of interregional transmission facilities that— provide improved reliability; protect or benefit consumers; and are consistent with the public interest. The joint interregional transmission plans required to be submitted to the Commission pursuant to the rule under subsection (c) shall be— submitted to the Commission not later than 2 years after the date of enactment of this section; and updated not less frequently than once every 4 years. The Commission shall— review each joint interregional transmission plan submitted pursuant to the rule under subsection (c); and approve the joint interregional transmission plan if the Commission finds that the plan— meets the requirements of subsection (d); allocates costs in accordance with subsection (g); ensures that all rates, charges, terms, and conditions will be just and reasonable and not unduly discriminatory or preferential; and is consistent with the public interest. 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. 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). 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. 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. In the event of a dispute between transmission planning regions with respect to a material element of a joint interregional transmission plan— the transmission planning regions shall submit to the Commission their respective proposals for resolving the material element in dispute for resolution; and 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. 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— grant a request to extend the time for submission of the joint interregional transmission plan; or require, by order, the transmitting utilities within the affected transmission planning regions to comply with a joint interregional transmission plan approved by the Commission— based on the record of the planning process conducted by the affected transmission planning regions; and in accordance with the cost allocation provisions in subsection (g). For purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)— 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 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. 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.

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: The ERO shall conduct periodic assessments of the reliability and adequacy of the bulk-power system in North America. 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. An ERO reliability assessment ordered under subparagraph (A) shall— 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; 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 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. The ERO shall— 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; submit such report to the Commission; and publish such report in a publicly available format. This paragraph shall apply to proposed rules, regulations, or standards pending on, or proposed on or after, the date of enactment of this paragraph. (g)Reliability reports(1)Periodic assessmentsThe 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..

601. Action on applications Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended— in subsection (e)(3)(A), by inserting and subsection (g) after subparagraph (B); and by adding at the end the following: 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— 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— under subsection (e); or 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 the date of enactment of this subsection. 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— 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 the date of enactment of this subsection. 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— the date the application for extension is received by the Commission; and the date of enactment of this subsection. 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. (g)Deadline To act on certain export applications(1)In generalThe 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-exportThe 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 extensionsThe 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 actIf 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..

602. Supplemental reviews In this section: 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. 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. The term Secretary means the Secretary of Energy. 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. 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. The term supplemental review means a supplemental greenhouse gas review or a supplemental macroeconomic review. 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. 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). 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— 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 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.

701. Hydropower license extensions 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. 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. An extension of time to commence construction of a covered project under subsection (b) shall— 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 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. 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— the Commission may reinstate the license for the applicable project effective as of the date of expiration of the license; and the extension authorized under subsection (b) shall take effect on the date of that expiration.

1. Short title; table of contents This Act may be cited as the Energy Permitting Reform Act of 2024. The table of contents for this Act is as follows:

101. Accelerating claims In this section: 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. The term authorization includes— agency approvals of lease sales, permits, rights-of-way, or plans required to explore for, develop, or produce energy or minerals under— the Mineral Leasing Act (30 U.S.C. 181 et seq.); the Act of August 7, 1947 (commonly known as the Mineral Leasing Act for Acquired Lands) (30 U.S.C. 351 et seq.); 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.); sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872) (30 U.S.C. 22 et seq.); the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or title I of the Naval Petroleum Reserves Production Act (42 U.S.C. 6501 et seq.); 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 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. 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.): An environmental assessment. A finding of no significant impact. An environmental impact statement. A record of decision. The term project means a project— proposed for— the construction of infrastructure— to develop, produce, generate, store, transport, or distribute energy; to capture, remove, transport, or store carbon dioxide; or to mine, extract, beneficiate, or process minerals; or hazardous fuel reduction and forest restoration for the protection of infrastructure or communities from wildfire; and subject to the requirements that— an environmental document be prepared; and the applicable agency issue an authorization of the activity. The term project sponsor means an entity, including any private, public, or public-private entity, seeking an authorization for a project. 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. 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. 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. 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. 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. 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. 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.).

201. Onshore oil and gas leasing 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. Section 17(b) of the Mineral Leasing Act (30 U.S.C. 226(b)) is amended by adding at the end the following: 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. 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. A lease issued under this section shall be subject to the terms and conditions of the approved resource management plan. 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. Section 17(q) of the Mineral Leasing Act (30 U.S.C. 226(q)) is amended— by striking Secretary each place it appears and inserting Secretary of the Interior; in paragraph (1), by striking nonrefundable; and by adding at the end the following: 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— 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 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. Except as provided in paragraph (3)(B), the fee assessed under paragraph (1) shall be nonrefundable. (3)Subdivision(A)In generalA 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 reviewsNothing 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 conditionsA lease issued under this section shall be subject to the terms and conditions of the approved resource management plan.(B)Effect of leasing decisionNotwithstanding 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.. (3)Refund for nonwinning bidIf 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)RefundabilityExcept as provided in paragraph (3)(B), the fee assessed under paragraph (1) shall be nonrefundable..

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: 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. 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— all valid, unexpired permits in effect on the date of enactment of this paragraph; and all pending applications for permit to drill submitted prior to the date of enactment of this paragraph. (4)Term(A)In generalA 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)RetroactivityIn 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..

203. Permitting compliance on non-Federal land 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— the Federal Government— owns less than 50 percent of the minerals within the oil and gas drilling or spacing unit; and does not own or lease the surface estate within the area directly impacted by the action; 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 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. For each State permit to drill or drilling plan that would impact or extract oil and gas owned by the Federal Government— each lessee of Federal minerals in the unit, or designee of a lessee, shall— 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 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; 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 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. 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)). Nothing in this section affects— 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 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. Section 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)) is amended— by striking the subsection designation and all that follows through Secretary of the Interior, or in the first sentence and inserting the following: The Secretary of the Interior, or by adding at the end the following: 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— to require a bond to protect non-Federal land; to enter non-Federal land without the consent of the applicable landowner; to impose mitigation requirements; or to require approval for surface reclamation. Land referred to in subparagraph (A) is land where— the Federal Government— owns less than 50 percent of the minerals within the oil and gas drilling or spacing unit; and does not own or lease the surface estate within the area directly impacted by the action; 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 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. (g)(1)The Secretary of the Interior, or; and (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..

204. Coal leases on Federal land Section 2(a) of the Mineral Leasing Act (30 U.S.C. 201(a)) is amended— 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 by adding at the end the following: 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. 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. 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. 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. Section 2(a)(1) of the Mineral Leasing Act (30 U.S.C. 201(a)(1)) is amended— in the first sentence— by striking he finds appropriate and inserting the Secretary of the Interior finds appropriate; and by striking he deems appropriate and inserting the Secretary of the Interior determines to be appropriate; in the sixth sentence, by striking Prior to his determination and inserting Prior to a determination by the Secretary of the Interior; in the seventh sentence— by striking to make public his judgment and inserting to make public the judgment of the Secretary of the Interior; and by striking comments he receives and inserting comments received by the Secretary of the Interior; and in the eighth sentence, by striking He is hereby authorized and inserting The Secretary of the Interior is authorized. 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. (6)Deadlines(A)Applicant motionNot 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)DecisionNot 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 valueNot 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..

205. Rights-of-way across Indian land The Act of February 5, 1948 (62 Stat. 17, chapter 45), is amended— 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: The Secretary of the Interior may 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 by adding at the end the following: 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. 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). 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. Subject to paragraph (2), the Secretary of the Interior shall have the authority to approve or disapprove any Tribal regulation submitted under subparagraph (A). The Secretary of the Interior shall approve a Tribal regulation submitted under paragraph (1)(A), if the Tribal regulation— is consistent with any regulations (or successor regulations) issued by the Secretary of the Interior under section 6; provides for an environmental review process that includes— the identification and evaluation of any significant impacts the proposed action may have on the environment; and a process for ensuring— 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 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. The Secretary of the Interior, in making a decision to approve a Tribal regulation under this subsection, shall not be subject to— the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); section 306108 of title 54, United States Code; or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 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— review the Tribal regulation; approve or disapprove the Tribal regulation; and notify the Indian tribe that submitted the Tribal regulation of the approval or disapproval. 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. 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). 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. An Indian tribe granting a right-of-way under subsection (a) shall provide to the Secretary of the Interior— a copy of the right-of-way, including any amendments or renewals; and 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). The United States shall not be liable for losses sustained by any party to a right-of-way granted under subsection (a). 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). The enforcement or cancellation of a right-of-way under subparagraph (A) shall be conducted using regulatory procedures issued under section 6. 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). 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. 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— provide written documentation, with respect to the Tribal regulation that has been violated, to the appropriate interested party and Indian tribe; provide the applicable Indian tribe with a written notice of the alleged violation; and 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— a hearing that is on the record; and a reasonable opportunity to cure the alleged violation. Nothing in this section affects the application of any Tribal regulations issued under Federal environmental law. 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. The compensation for, and terms of, a right-of-way granted under subsection (a) will be determined by— negotiations by the Indian tribe; or the regulations of the Indian tribe. 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— the grant of the right-of-way; or the regulations of the Indian tribe. 1.Rights-of-way for all purposes across Indian LandThe Secretary of the Interior may; 8.Tribal grants of rights-of-way(a)Rights-of-way(1)In generalSubject 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)AuthorityA 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)SubmissionAn 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)ApprovalSubject 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 generalThe 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 lawsThe 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 generalNot 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 documentationIf 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)ExtensionThe 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 reviewNotwithstanding 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)DocumentationAn 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 generalThe 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 generalPursuant 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)AuthorityThe 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 generalAn 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)ViolationsIf 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)DocumentationIf 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 clauseNothing in this section affects the application of any Tribal regulations issued under Federal environmental law.(g)Effect of Tribal regulationsAn 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-wayThe 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)JurisdictionThe 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..

1. Rights-of-way for all purposes across Indian Land The Secretary of the Interior may

8. Tribal grants of rights-of-way 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. 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). 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. Subject to paragraph (2), the Secretary of the Interior shall have the authority to approve or disapprove any Tribal regulation submitted under subparagraph (A). The Secretary of the Interior shall approve a Tribal regulation submitted under paragraph (1)(A), if the Tribal regulation— is consistent with any regulations (or successor regulations) issued by the Secretary of the Interior under section 6; provides for an environmental review process that includes— the identification and evaluation of any significant impacts the proposed action may have on the environment; and a process for ensuring— 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 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. The Secretary of the Interior, in making a decision to approve a Tribal regulation under this subsection, shall not be subject to— the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); section 306108 of title 54, United States Code; or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 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— review the Tribal regulation; approve or disapprove the Tribal regulation; and notify the Indian tribe that submitted the Tribal regulation of the approval or disapproval. 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. 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). 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. An Indian tribe granting a right-of-way under subsection (a) shall provide to the Secretary of the Interior— a copy of the right-of-way, including any amendments or renewals; and 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). The United States shall not be liable for losses sustained by any party to a right-of-way granted under subsection (a). 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). The enforcement or cancellation of a right-of-way under subparagraph (A) shall be conducted using regulatory procedures issued under section 6. 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). 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. 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— provide written documentation, with respect to the Tribal regulation that has been violated, to the appropriate interested party and Indian tribe; provide the applicable Indian tribe with a written notice of the alleged violation; and 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— a hearing that is on the record; and a reasonable opportunity to cure the alleged violation. Nothing in this section affects the application of any Tribal regulations issued under Federal environmental law. 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. The compensation for, and terms of, a right-of-way granted under subsection (a) will be determined by— negotiations by the Indian tribe; or the regulations of the Indian tribe. 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— the grant of the right-of-way; or the regulations of the Indian tribe.

206. Accelerating renewable energy permitting In this section: The term eligible project has the meaning given the term in section 3101 of the Energy Act of 2020 (43 U.S.C. 3001). 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). 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— notify the applicant that the application is complete; or 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. 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). 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. 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— 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 defer the decision on the application and provide to the applicant notice— that specifies steps that the applicant can take for the decision on the application to be issued; and 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. 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. Low disturbance activities referred to in paragraph (1) are the following: 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. 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. 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. The installation, modification, operation, or removal of commercially available solar photovoltaic systems located on— a building or other structure (such as a rooftop, parking lot, or facility, or mounted to signage, lighting, gates, or fences); or previously disturbed or developed land comprising less than 10 acres. Maintenance of a minor activity, other than any construction or major renovation, or a building or facility. Preliminary geotechnical investigations. The construction and removal of meteorological evaluation towers.

207. Improving renewable energy coordination on Federal land 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. Section 3104 of the Energy Act of 2020 (43 U.S.C. 3004) is amended— in subsection (a), by inserting and periodically revise after establish; and by adding at the end the following: 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. Paragraph (4) of section 3101 of the Energy Act of 2020 (43 U.S.C. 3001) is amended by inserting or store after generate. Section 3102 of the Energy Act of 2020 (43 U.S.C. 3002) is amended— 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; by redesignating subsection (f) as subsection (h); and by inserting after subsection (e) the following: 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. 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. 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)). (c)PermittingSubject 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.. (f)Renewable energy project review standardsNot 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 authorityUnder 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..

208. Geothermal leasing and permitting improvements 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— the commercial production of geothermal resources; the use of geothermal resources for commercial operations; or construction of permanent roads. Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amended— in paragraph (2), by striking every 2 years and inserting per year; and by adding at the end the following: 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. Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is amended by adding at the end the following: Not later than 10 days after the date on which the Secretary receives an application for any geothermal drilling permit, the Secretary shall— provide written notice to the applicant that the application is complete; or 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. 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— 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 defer the decision on the application and provide to the applicant notice— that specifies steps that the applicant can take for the decision on the application to be issued; and 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. Section 24 of the Geothermal Steam Act of 1970 (30 U.S.C. 1023) is amended— by striking the section designation and all that follows through The Secretary and inserting the following: The Secretary 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.. 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— surface exploration; geophysical exploration (including well drilling); production well drilling; and use of geothermal resources (including power plant construction). Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is amended— in subsection (a)— by striking (NEPA) and inserting (42 U.S.C. 4321 et seq.) (referred to in this section as NEPA); by inserting (30 U.S.C. 181 et seq.) after Mineral Leasing Act; and 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 in subsection (b)— in paragraph (2), by striking oil or gas and inserting oil, gas, or geothermal resources; and in paragraph (3), by striking oil or gas and inserting oil, gas, or geothermal resources. 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. The Geothermal Ombudsman appointed under paragraph (1) shall— act as a liaison between— the individual field offices of the Bureau of Land Management; the Division Chief of the National Renewable Energy Coordination Office of the Bureau of Land Management; and the Director of the Bureau of Land Management; provide dispute resolution services between the individual field offices of the Bureau of Land Management and applicants for geothermal resource permits; monitor and facilitate permit processing practices and timelines across individual field offices of the Bureau of Land Management; develop best practices for the permitting and leasing process for geothermal resources; and coordinate with the Federal Permitting Improvement Steering Council. 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. (5)Replacement salesIf 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.. (h)Deadlines for consideration of geothermal drilling permits(1)In generalNot 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)DecisionNot 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.. 24.Rules and regulationsThe Secretary; and

24. Rules and regulations The Secretary

209. Electric grid projects 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). 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: 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. 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. Construction, operation, upgrade, or decommissioning of a battery or other energy storage technology on previously disturbed or developed land.

210. Hardrock mining mill sites Section 2337 of the Revised Statutes (30 U.S.C. 42) is amended by adding at the end the following: In this subsection: 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. 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). 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— subpart 3809 of title 43, Code of Federal Regulations (or successor regulations establishing application and approval requirements); and part 228 of title 36, Code of Federal Regulations (or successor regulations establishing application and approval requirements). 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— 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)); 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 land where the mineral character has not been determined. 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— locate and include within the plan of operations as many mill site claims under this subsection as are reasonably necessary for its operations; and use or occupy public land in accordance with an approved plan of operations. A mill site under this subsection does not convey mineral rights to the locator. A location of a single mill site under this subsection shall not exceed 5 acres. 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. 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. A mill site under this section shall not be eligible for patenting. Nothing in this subsection— diminishes any right (including a right of entry, use, or occupancy) of a claimant; 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; modifies any provision of law or any prior administrative action withdrawing land from location or entry; 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— the general mining laws; the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); the Wilderness Act (16 U.S.C. 1131 et seq.); sections 100731 through 100737 of title 54, United States Code; the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); division A of subtitle III of title 54, United States Code (commonly referred to as the ‘National Historic Preservation Act’); or 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); restores any right (including a right of entry, use, or occupancy, or right to conduct operations) of a claimant that— existed prior to the date on which the land was closed to, or withdrawn from, location under the general mining laws; and that has been extinguished by such closure or withdrawal; or modifies section 404 of division E of the Consolidated Appropriations Act, 2024 (Public Law 118–42). 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). 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. 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). Amounts made available under paragraph (3)— shall be allocated in accordance with section 40704(e)(1) of the Infrastructure Investment and Jobs Act (30 U.S.C. 1245(e)(1)); may be transferred in accordance with section 40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)); and 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. Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is amended— 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.); in subsection (a)— in paragraph (1)— in the second sentence, by striking Such claim maintenance fee and inserting the following: The claim maintenance fee under subparagraph (A) in the first sentence, by striking The holder of and inserting the following: The holder of in paragraph (2)— in the second sentence, by striking Such claim maintenance fee and inserting the following: The claim maintenance fee under subparagraph (A) in the first sentence, by striking The holder of and inserting the following: The holder of in subsection (b)— in the second sentence, by striking The location fee and inserting the following: The location fee in the first sentence, by striking The claim main tenance fee and inserting the following: The claim maintenance fee (c)Additional mill sites(1)DefinitionsIn this subsection:(A)Mill siteThe 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; OperatorThe 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 operationsThe 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 landThe 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 generalNotwithstanding 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 rightsA mill site under this subsection does not convey mineral rights to the locator.(4)Size of mill sitesA 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 landA 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 claimsThe 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)PatentingA mill site under this section shall not be eligible for patenting.(8)Savings provisionsNothing 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)FeeThe claim maintenance fee under subparagraph (A); and (A)In generalThe holder of; and (B)FeeThe claim maintenance fee under subparagraph (A); and (A)In generalThe holder of; and (2)FeeThe location fee; and (1)In generalThe claim maintenance fee.

301. Offshore oil and gas leasing 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. The Secretary shall— 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)); 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 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.

302. Offshore wind energy Effective on the date of enactment of this Act, the Secretary shall— 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 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. 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. 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). 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. 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). Section 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)) is amended— in paragraph (4)(I), by striking prevention of interference with reasonable uses and inserting prevention of unreasonable interference with other uses; by striking paragraph (10) and inserting the following: 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. 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. by adding at the end the following: 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. 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)). (10)Applicability(A)In generalExcept 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)ExceptionNotwithstanding 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 (11)Duration of permits in marine sanctuariesNotwithstanding 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..

401. Transmission permitting Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended by striking subsection (a) and inserting the following: In this section: The term Commission means the Federal Energy Regulatory Commission. The term improved reliability has the meaning given the term in section 225(a). The term landowner input means input received— by the Commission; from affected landowners, such as farmers and ranchers, in the path of the proposed construction or modification of an electric transmission facility; and pursuant to notification provided to, and consultation with, those affected landowners, farmers, and ranchers by the Commission. The term Secretary means the Secretary of Energy. Section 216(b) of the Federal Power Act (16 U.S.C. 824p(b)) is amended— 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; in paragraph (1)— in subparagraph (A)(i), by inserting or modification after siting; and in subparagraph (C)— in the matter preceding clause (i), by inserting or modification after siting; and 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 by striking paragraphs (2) through (6) and inserting the following: 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; the proposed construction or modification is consistent with the public interest; the proposed construction or modification will significantly reduce transmission congestion in interstate commerce, protect or benefit consumers, and provide improved reliability; the proposed construction or modification is consistent with sound national energy policy and will enhance energy independence; 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 the proposed modification (including reconductoring) will maximize, to the extent reasonable and economical, the transmission capabilities of existing towers, structures, or rights-of-way. Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended by striking subsection (d) and inserting the following: 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. 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. In authorizing the construction or modification of an electric transmission facility under subsection (b), the Commission shall take into account landowner input. 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.. Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended by striking subsection (f) and inserting the following: 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. 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— improved reliability; reduced congestion; reduced power losses; greater carrying capacity; reduced operating reserve requirements; and improved access to lower cost generation that achieves reductions in the cost of delivered power. 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. 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)). Section 216(h) of the Federal Power Act (16 U.S.C. 824p(h)) is amended— in paragraph (2), by striking the period at the end and inserting the following: “, except that— the Commission shall act as the lead agency in the case of facilities permitted under subsection (b) and section 225; and 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)). 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; in paragraph (4)(A), by striking As head of the lead agency, the Secretary and inserting The lead agency; in paragraph (5)(A), by striking As lead agency head, the Secretary and inserting The lead agency; and in paragraph (7)— 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 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. Section 216(i) of the Federal Power Act (16 U.S.C. 824p(i)) is amended— in paragraph (3), by striking , including facilities in national interest electric transmission corridors; and in paragraph (4)— in subparagraph (A), by striking ; and and inserting a period; by striking subparagraph (B); and 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. Section 219(b)(4) of the Federal Power Act (16 U.S.C. 824s(b)(4)) is amended— in subparagraph (A), by striking and after the semicolon at the end; in subparagraph (B), by striking the period at the end and inserting ; and; and by adding at the end the following: all prudently incurred costs associated with payments to jurisdictions impacted by electric transmission facilities developed pursuant to section 216 or 225. Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended by striking subsection (k) and inserting the following: This section shall not apply within the area referred to in section 212(k)(2)(A). 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)). 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). 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. Section 1222 of the Energy Policy Act of 2005 (42 U.S.C. 16421) is amended— 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 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. 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. 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. (a)DefinitionsIn this section:(1)CommissionThe term Commission means the Federal Energy Regulatory Commission.(2)Improved reliabilityThe term improved reliability has the meaning given the term in section 225(a).(3)Landowner inputThe 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)SecretaryThe term Secretary means the Secretary of Energy.. (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.. (d)State siting and consultation(1)Preservation of state siting authorityThe 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)ConsultationIn 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 inputIn authorizing the construction or modification of an electric transmission facility under subsection (b), the Commission shall take into account landowner input.. (f)Cost allocation(1)Transmission tariffsFor 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 benefitsThe 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 protectionCustomers 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.. (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)).; (C)all prudently incurred costs associated with payments to jurisdictions impacted by electric transmission facilities developed pursuant to section 216 or 225.. (k)Jurisdiction(1)ERCOTThis section shall not apply within the area referred to in section 212(k)(2)(A).(2)Other utilities(A)In generalFor 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)ClarificationBeing 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)..

402. Transmission planning Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following: 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. 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— is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers; or is expected to experience such energy transmission capacity constraints or congestion. 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. The Secretary— 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 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— is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers; or is expected to experience such energy transmission capacity constraints or congestion. In this section: The term Commission means the Federal Energy Regulatory Commission. The term ERO has the meaning given the term in section 215(a). 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: facilitating compliance with a mandatory standard for reliability approved by the Commission under section 215; a reduction in expected unserved energy, loss of load hours, or loss of load probability (as defined by the ERO); facilitating compliance with a tariff requirement or process for resource adequacy on file with the Commission; and any other similar material improvement, including a reduction in correlated outage risk, such as achieved through increased geographic or resource diversification. The term interregional transmission facility means a transmission facility that— is located within 2 or more neighboring transmission planning regions; or significantly impacts the ability of 1 or more transmission planning regions to transmit electric energy among neighboring transmission planning regions. The term transmission planning region— 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 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). 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. This section shall not apply within the area referred to in section 212(k)(2)(A). 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)). 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). 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— require neighboring transmission planning regions to jointly plan with each other; 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 separate joint interregional transmission plan with each of its neighboring transmission planning regions; or 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 establish rate treatments for interregional transmission planning and cost allocation. The Commission shall require, within the rule under subsection (c), that joint interregional transmission plans contain the following elements: A common set of input assumptions and models, on a consistent timeline, that— 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; consider, to the extent reasonable and economical, modifications that maximize the transmission capabilities of existing towers, structures, or rights-of-way; and consider existing transmission plans. A common set of benefits for interregional transmission planning and cost allocation, including— improved reliability; reduced congestion; reduced power losses; greater carrying capacity; reduced operating reserve requirements; and improved access to lower cost generation that achieves reductions in the cost of delivered power. Criteria governing the selection by transmission planning regions, for construction or modification, of interregional transmission facilities that— provide improved reliability; protect or benefit consumers; and are consistent with the public interest. The joint interregional transmission plans required to be submitted to the Commission pursuant to the rule under subsection (c) shall be— submitted to the Commission not later than 2 years after the date of enactment of this section; and updated not less frequently than once every 4 years. The Commission shall— review each joint interregional transmission plan submitted pursuant to the rule under subsection (c); and approve the joint interregional transmission plan if the Commission finds that the plan— meets the requirements of subsection (d); allocates costs in accordance with subsection (g); ensures that all rates, charges, terms, and conditions will be just and reasonable and not unduly discriminatory or preferential; and is consistent with the public interest. 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. 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). 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. 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. In the event of a dispute between transmission planning regions with respect to a material element of a joint interregional transmission plan— the transmission planning regions shall submit to the Commission their respective proposals for resolving the material element in dispute for resolution; and 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. 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— grant a request to extend the time for submission of the joint interregional transmission plan; or require, by order, the transmitting utilities within the affected transmission planning regions to comply with a joint interregional transmission plan approved by the Commission— based on the record of the planning process conducted by the affected transmission planning regions; and in accordance with the cost allocation provisions in subsection (g). For purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)— 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 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. 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. Section 201 of the Federal Power Act (16 U.S.C. 824) is amended— in subsection (b)(2)— in the first sentence, by striking and 222 and inserting 222, and 225; and in the second sentence, by striking or 222 and inserting 222, or 225; and in subsection (e)— by striking 206(f),; and by striking or 222 and inserting 222, or 225. 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. 224.Transmission study(a)In generalNot 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)ReportNot 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)ConsultationNot 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)AlaskaThe 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.225.Planning for transmission facilities that enhance grid reliability, affordability, and resilience(a)DefinitionsIn this section:(1)CommissionThe term Commission means the Federal Energy Regulatory Commission.(2)EROThe term ERO has the meaning given the term in section 215(a).(3)Improved reliabilityThe 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 facilityThe 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 generalThe 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)ExclusionThe 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)ERCOTThis section shall not apply within the area referred to in section 212(k)(2)(A).(2)Other utilities(A)In generalFor 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)ClarificationBeing 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 requirementNot 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 elementsThe Commission shall require, within the rule under subsection (c), that joint interregional transmission plans contain the following elements:(1)CompatibilityA 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 benefitsA 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 criteriaCriteria 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; updatesThe 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 reviewThe 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 tariffsFor 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)RequirementThe 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 protectionCustomers 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 PermitFor 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 ResolutionIn 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 PlanIn 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)NEPAFor 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 provisionExcept 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..

224. Transmission study 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. 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— is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers; or is expected to experience such energy transmission capacity constraints or congestion. 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. The Secretary— 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 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— is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers; or is expected to experience such energy transmission capacity constraints or congestion.

225. Planning for transmission facilities that enhance grid reliability, affordability, and resilience In this section: The term Commission means the Federal Energy Regulatory Commission. The term ERO has the meaning given the term in section 215(a). 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: facilitating compliance with a mandatory standard for reliability approved by the Commission under section 215; a reduction in expected unserved energy, loss of load hours, or loss of load probability (as defined by the ERO); facilitating compliance with a tariff requirement or process for resource adequacy on file with the Commission; and any other similar material improvement, including a reduction in correlated outage risk, such as achieved through increased geographic or resource diversification. The term interregional transmission facility means a transmission facility that— is located within 2 or more neighboring transmission planning regions; or significantly impacts the ability of 1 or more transmission planning regions to transmit electric energy among neighboring transmission planning regions. The term transmission planning region— 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 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). 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. This section shall not apply within the area referred to in section 212(k)(2)(A). 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)). 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). 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— require neighboring transmission planning regions to jointly plan with each other; 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 separate joint interregional transmission plan with each of its neighboring transmission planning regions; or 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 establish rate treatments for interregional transmission planning and cost allocation. The Commission shall require, within the rule under subsection (c), that joint interregional transmission plans contain the following elements: A common set of input assumptions and models, on a consistent timeline, that— 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; consider, to the extent reasonable and economical, modifications that maximize the transmission capabilities of existing towers, structures, or rights-of-way; and consider existing transmission plans. A common set of benefits for interregional transmission planning and cost allocation, including— improved reliability; reduced congestion; reduced power losses; greater carrying capacity; reduced operating reserve requirements; and improved access to lower cost generation that achieves reductions in the cost of delivered power. Criteria governing the selection by transmission planning regions, for construction or modification, of interregional transmission facilities that— provide improved reliability; protect or benefit consumers; and are consistent with the public interest. The joint interregional transmission plans required to be submitted to the Commission pursuant to the rule under subsection (c) shall be— submitted to the Commission not later than 2 years after the date of enactment of this section; and updated not less frequently than once every 4 years. The Commission shall— review each joint interregional transmission plan submitted pursuant to the rule under subsection (c); and approve the joint interregional transmission plan if the Commission finds that the plan— meets the requirements of subsection (d); allocates costs in accordance with subsection (g); ensures that all rates, charges, terms, and conditions will be just and reasonable and not unduly discriminatory or preferential; and is consistent with the public interest. 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. 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). 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. 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. In the event of a dispute between transmission planning regions with respect to a material element of a joint interregional transmission plan— the transmission planning regions shall submit to the Commission their respective proposals for resolving the material element in dispute for resolution; and 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. 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— grant a request to extend the time for submission of the joint interregional transmission plan; or require, by order, the transmitting utilities within the affected transmission planning regions to comply with a joint interregional transmission plan approved by the Commission— based on the record of the planning process conducted by the affected transmission planning regions; and in accordance with the cost allocation provisions in subsection (g). For purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)— 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 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. 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.

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: The ERO shall conduct periodic assessments of the reliability and adequacy of the bulk-power system in North America. 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. An ERO reliability assessment ordered under subparagraph (A) shall— 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; 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 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. The ERO shall— 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; submit such report to the Commission; and publish such report in a publicly available format. This paragraph shall apply to proposed rules, regulations, or standards pending on, or proposed on or after, the date of enactment of this paragraph. (g)Reliability reports(1)Periodic assessmentsThe 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..

601. Action on applications Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended— in subsection (e)(3)(A), by inserting and subsection (g) after subparagraph (B); and by adding at the end the following: 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— 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— under subsection (e); or 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 the date of enactment of this subsection. 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— 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 the date of enactment of this subsection. 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— the date the application for extension is received by the Commission; and the date of enactment of this subsection. 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. (g)Deadline to act on certain export applications(1)In generalThe 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-exportThe 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 extensionsThe 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 actIf 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..

602. Supplemental reviews In this section: 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. 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. The term Secretary means the Secretary of Energy. 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. 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. The term supplemental review means a supplemental greenhouse gas review or a supplemental macroeconomic review. 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. 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). 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— 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 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.

701. Hydropower license extensions 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. 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. An extension of time to commence construction of a covered project under subsection (b) shall— 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 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. 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— the Federal Energy Regulatory Commission may reinstate the license for the applicable project effective as of the date of expiration of the license; and the extension authorized under subsection (b) shall take effect on the date of that expiration.

702. Identifying and removing market barriers to hydropower In this section: The term Commission means the Federal Energy Regulatory Commission. The term water power technologies means hydropower in all its forms and modes of operation, including— conventional water power projects that use dams, conduits, or similar infrastructure to store, divert, or impound water to generate electricity; and marine and hydrokinetic technologies that use— waves, tides, and currents; or temperature differentials in oceans, estuaries, tidal areas, rivers, lakes, streams, or manmade channels. 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— describing any market barriers to the development and proper compensation of conventional, storage, conduit, and emerging hydropower technologies related to— rules of Transmission Organizations (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)); regulations or policies— of the Commission; or under the Federal Power Act (16 U.S.C. 791a et seq.); or other Federal and State laws and policies unique to hydropower development, operation, and regulation, as compared to other sources of electricity; containing recommendations of the Commission for reducing market barriers described in subparagraph (A); identifying and determining any regulatory, market, procurement, or cost recovery mechanisms that would— encourage development of conventional, storage, conduit, and emerging hydropower technologies; and properly compensate conventional, storage, conduit, and emerging hydropower technologies for the full range of services provided to the electric grid, including— balancing electricity supply and demand; ensuring grid reliability; providing ancillary services; contributing to the decarbonization of the electric grid; and integrating intermittent power sources into the grid in a cost-effective manner; and identifying ownership and development models that could reduce market barriers to the development of conventional, storage, conduit, and emerging hydropower technologies, including— opportunities for risk-sharing mechanisms and partnerships, including co-ownership models; and opportunities to foster lease-sale and lease-back arrangements with publicly owned electric utilities. 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.

703. Regulations to align timetables 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. 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. 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— 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 the reasons for each failure to meet that timetable. Nothing in this section modifies the obligations of the Commission or any other agency under— the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); the Federal Power Act (16 U.S.C. 791a et seq.); or any other Federal law.

801. Federal Energy Regulatory Commission staffing Section 401(k) of the Department of Energy Organization Act (42 U.S.C. 7171(k)) is amended— by striking paragraph (6); and by redesignating paragraph (7) as paragraph (6). 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.

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: 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). 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). 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. A compensation plan developed under paragraph (1) shall— be based on an annual survey of the prevailing compensation for similar positions in the public sectors of the electric industry; 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; 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; 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. Annually, the administrator shall review and update, as appropriate, the compensation plan developed under paragraph (1). 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). 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. Annually, the administrator shall publish the compensation plan developed under paragraph (1) or updated under paragraph (4), as applicable. The administrator may, as the administrator determines to be necessary to carry out this Act, subject to applicable civil service laws— appoint any officers and employees; employ laborers, mechanics, and workers for construction work or the operation and maintenance of electrical facilities; and fix the compensation of individuals appointed under subparagraph (A) or (B), respectively, consistent with the applicable compensation plan developed under subsection (a)(1). 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. 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. 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). 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. 10.Employment of personnel(a)Employee compensation program(1)In generalNotwithstanding 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 generalNot 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)ImplementationNot 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)RequirementsA 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 generalAnnually, the administrator shall review and update, as appropriate, the compensation plan developed under paragraph (1).(B)Compensation of the AdministratorNotwithstanding 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 informationThe 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 publicationAnnually, the administrator shall publish the compensation plan developed under paragraph (1) or updated under paragraph (4), as applicable.(b)Appointment; employment(1)In generalThe 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 lawsIn 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 principlesEmployees 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 physiciansThe 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 expertsThe 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..

10. Employment of personnel 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). 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). 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. A compensation plan developed under paragraph (1) shall— be based on an annual survey of the prevailing compensation for similar positions in the public sectors of the electric industry; 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; 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; 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. Annually, the administrator shall review and update, as appropriate, the compensation plan developed under paragraph (1). 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). 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. Annually, the administrator shall publish the compensation plan developed under paragraph (1) or updated under paragraph (4), as applicable. The administrator may, as the administrator determines to be necessary to carry out this Act, subject to applicable civil service laws— appoint any officers and employees; employ laborers, mechanics, and workers for construction work or the operation and maintenance of electrical facilities; and fix the compensation of individuals appointed under subparagraph (A) or (B), respectively, consistent with the applicable compensation plan developed under subsection (a)(1). 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. 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. 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). 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.

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..

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.