,,ii #aahth ,,congress #ast ,session ,s4 #acii ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #b1 #bjbc,mr4 ,manchin introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide for ,american energy security by improving the permitting process4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,building ,american ,energy ,security ,act of #bjbc4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,accelerating agency reviews,sec4 #aja4 ,definitions4,sec4 #ajb4 ,streamlining process for authorizations and reviews of energy and natural resources projects4,sec4 #ajc4 ,prioritizing energy projects of strategic national importance4,sec4 #ajd4 ,empowering the ,federal ,permitting ,improvement ,steering ,council and improving reviews4,sec4 #aje4 ,litigation transparency4,,title ,,ii--,modernizing permitting laws,sec4 #bja4 ,transmission4,sec4 #bjb4 ,definition of natural gas under the ,natural ,gas ,act4,sec4 #bjc4 ,authorization of ,mountain ,valley ,pipeline4,sec4 #bjd4 ,rights-of-way across ,indian land4,sec4 #bje4 ,federal ,energy ,regulatory ,commission staffing4 ,i ,accelerating agency reviews #aja4 ,definitions ,in this title3 7#a7 ,agency ,the term agency means any agency1 department1 or other unit of ,federal1 ,state1 local1 or ,tribal government4 7#b7 ,alaska ,native ,corporation ,the term ,alaska ,native ,corporation has the meaning given the term ,native ,corporation in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 7#c7 ,authorization ,the term authorization means any license1 permit1 approval1 finding1 determination1 interagency consultation1 or other administrative decision that is required or authorized under ,federal law 7including regulations7 to design1 plan1 site1 construct1 reconstruct1 or commence operations of a project1 including any authorization described in section #dajja7c7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7#c774 7#d7 ,cooperating agency ,the term cooperating agency means any ,federal agency 7and a ,state1 ,tribal1 or local agency if agreed on by the lead agency71 other than a lead agency1 that has jurisdiction by law or special expertise with respect to an environmental impact relating to a project4 7#e7 ,environmental document ,the term environmental document includes any of the following1 as prepared under ,,nepa3 7,a7 ,an environmental assessment4 7,b7 ,a finding of no significant impact4 7,c7 ,an environmental impact statement4 7,d7 ,a record of decision4 7#f7 ,environmental impact statement ,the term environmental impact statement means the detailed statement of environmental impacts of a project required to be prepared under ,,nepa4 7#g7 ,environmental review process ,the term environmental review process means the process for preparing an environmental impact statement1 environmental assessment1 categorical exclusion1 or other document required to be prepared to achieve compliance with ,,nepa1 including pre-application consultation and scoping processes4 7#h7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj74 7#i7 ,lead agency ,the term lead agency1 with respect to a project1 means-- 7,a7 the ,federal agency preparing1 or assuming primary responsibility for1 the authorization or review of the project2 and 7,b7 if applicable1 any ,state1 local1 or ,tribal government entity serving as a joint lead agency for the project4 7#aj7 ,,nepa ,the term ,,nepa means the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 7including ,,nepa implementing regulations74 7#aa7 ,,nepa implementing regulations ,the term ,,nepa implementing regulations means the regulations in subpart ,a of chapter ,v of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#ab7 ,participating agency ,the term participating agency means an agency participating in an environmental review or authorization for a project4 7#ac7 ,project sponsor ,the term project sponsor means an entity1 including any private1 public1 or public-private entity1 seeking an authorization for a project4 #ajb4 ,streamlining process for authorizations and reviews of energy and natural resources projects 7a7 ,definitions ,in this section3 7#a7 ,categorical exclusion ,the term categorical exclusion means a categorical exclusion within the meaning of ,,nepa4 7#b7 ,major project ,the term major project means a project-- 7,a7 for which multiple authorizations1 reviews1 or studies are required under a ,federal law other than ,,nepa2 and 7,b7 with respect to which the head of the lead agency has determined that-- 7i7 an environmental impact statement is required2 or 7ii7 an environmental assessment is required1 and the project sponsor requests that the project be treated as a major project4 7#c7 ,project ,the term project means a project-- 7,a7 proposed for the construction of infrastructure-- 7i7 to develop1 produce1 generate1 store1 transport1 or distribute energy2 7ii7 to capture1 remove1 transport1 or store carbon dioxide2 or 7iii7 to mine1 extract1 beneficiate1 or process minerals2 and 7,b7 that1 if implemented as proposed by the project sponsor1 would be subject to the requirements that-- 7i7 an environmental document be prepared2 and 7ii7 the applicable agency issue an authorization of the activity4 7#d7 ,secretary concerned ,the term ,secretary concerned means1 as appropriate-- 7,a7 the ,secretary of ,agriculture1 with respect to the ,forest ,service2 7,b7 the ,secretary of ,energy2 7,c7 the ,secretary of the ,interior2 7,d7 the ,federal ,energy ,regulatory ,commission2 7,e7 the ,secretary of the ,army1 with respect to the ,corps of ,engineers2 and 7,f7 the ,secretary of ,transportation1 with respect to the ,maritime ,administration and the ,pipeline and ,hazardous ,materials ,safety ,administration4 7b7 ,applicability 7#a7 ,in general ,the project development procedures under this section-- 7,a7 shall apply to-- 7i7 all projects for which an environmental impact statement is prepared2 7ii7 all major projects2 and 7iii7 to the maximum extent practicable1 projects described in clause 7i7 or 7ii7 for which an authorization is being sought or that are subject to an environmental review process initiated prior to the date of enactment of this ,act2 7,b7 may be applied1 as requested by a project sponsor and to the extent determined appropriate by the ,secretary concerned1 to other projects for which an environmental document is prepared2 and 7,c7 shall not apply to-- 7i7 any project subject to section #aci of title #bc1 ,united ,states ,code2 7ii7 any project that is a water resources development project of the ,corps of ,engineers2 or 7iii7 any authorization of the ,corps of ,engineers if that authorization is for a project that alters or modifies a water resources development project of the ,corps of ,engineers4 7#b7 ,flexibility ,any authority provided by this section may be exercised1 and any requirement established under this section may be satisfied1 for a project1 class of projects1 or program of projects4 7#c7 ,savings provision ,nothing in this section-- 7,a7 precludes the use of an authority provided under any other provision of law1 including for a covered project under title ,,xli of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm et seq472 7,b7 supersedes or modifies any applicable requirement1 authority1 or agency responsibility provided under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or any other provision of law2 or 7,c7 shall be considered an abbreviated authorization or environmental review process for purposes of section #dajja7f77;,a77i77,,iii7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7#f77;,a77i77,,iii774 7c7 ,lead agencies 7#a7 ,joint lead agencies ,nothing in this section precludes an agency from serving as a joint lead agency for a project1 in accordance with ,,nepa4 7#b7 ,roles and responsibilities ,with respect to the environmental review process for a project1 the lead agency shall have the authority and responsibility-- 7,a7 to take such actions as are necessary and appropriate to facilitate the expeditious resolution of the environmental review process for the project2 7,b7 to prepare any required environmental impact statement or other environmental document1 or to ensure that such an environmental impact statement or environmental document is completed1 in accordance with this section and applicable ,federal law2 7,c7 not later than #de days after the date of publication of a notice of intent to prepare an environmental impact statement1 or the initiation of an environmental assessment1 as applicable1 for a project-- 7i7 to identify any other agencies that may have financing1 environmental review1 authorization1 or other responsibilities with respect to the project2 7ii7 to invite the identified agencies to become participating agencies in the environmental review process for the project2 and 7iii7 to establish1 as part of the invitation1 a deadline for the submission of a response1 which may be extended by the lead agency for good cause2 7,d7 to consider and respond to comments timely received from participating agencies relating to matters within the special expertise or jurisdiction of those agencies2 7,e7 to consider1 and1 as appropriate1 rely on1 adopt1 or incorporate by reference1 baseline data1 analyses1 and documentation that have been prepared for the project under the laws and procedures of a ,state or an ,indian ,tribe if the lead agency determines that-- 7i7 those laws and procedures are of equal or greater rigor1 as compared to each applicable ,federal law and procedure2 and 7ii7 the baseline data1 analysis1 or documentation1 as applicable1 was prepared under circumstances that allowed for-- 7,i7 opportunities for public participation2 7,,ii7 consideration of alternatives and environmental consequences2 and 7,,iii7 other required analyses that are substantially equivalent to the analyses that would have been prepared if the baseline data1 analysis1 or documentation was prepared by the lead agency pursuant to ,,nepa2 and 7,f7 7i7 to ensure that the project sponsor complies with design and mitigation commitments for the project made jointly by the lead agency and the project sponsor2 and 7ii7 to ensure that environmental documents are appropriately supplemented if changes become necessary with respect to the project4 7d7 ,participating agencies 7#a7 ,applicability 7,a7 ,inapplicability to covered projects ,the procedures under this subsection shall not apply to a covered project 7as defined in section #dajja of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm77-- 7i7 for which a project initiation notice has been submitted pursuant to section #dajjc7;a7 of that ,act 7#db ,u4,s4,c4 #dcgjm-#b7;a772 and 7ii7 that is carried out in accordance with the procedures described in that notice4 7,b7 ,designations for categories of projects ,the ,secretary concerned may exercise the authority under this subsection with respect to-- 7i7 a project2 7ii7 a class of projects2 or 7iii7 a program of projects4 7#b7 ,federal participating agencies ,any ,federal agency that is invited by a lead agency to participate in the environmental review process for a project shall be designated as a participating agency by the lead agency1 unless the invited agency informs the lead agency1 in writing1 by the deadline specified in the invitation1 that the invited agency has no responsibility for or interest in the project4 7#c7 ,federal cooperating agencies ,a ,federal agency that has not been invited by a lead agency to participate in the environmental review process for a project1 but that is required to make an authorization or carry out an action for a project1 shall-- 7,a7 notify the lead agency of the financing1 environmental review1 authorization1 or other responsibilities of the notifying ,federal agency with respect to the project2 and 7,b7 work with the lead agency to ensure that the agency making the authorization or carrying out the action is treated as a cooperating agency for the project4 7#d7 ,responsibilities ,a participating agency participating in the environmental review process for a project shall-- 7,a7 provide comments1 responses1 studies1 or methodologies relating to the areas within the special expertise or jurisdiction of the agency2 and 7,b7 use the environmental review process to address any environmental issues of concern to the agency4 7#e7 ,effect of designation 7,a7 ,requirement ,a participating agency for a project shall comply with the applicable requirements of this section4 7,b7 ,no implication ,designation as a participating agency under this subsection shall not imply that the participating agency-- 7i7 has made a determination to support or deny any project2 or 7ii7 has any jurisdiction over1 or special expertise with respect to evaluation of1 the applicable project4 7#f7 ,cooperating agency designation ,any agency designated as a cooperating agency shall also be designated by the applicable lead agency as a participating agency under the ,,nepa implementing regulations4 7e7 ,coordination of required reviews2 environmental documents 7#a7 ,in general ,the lead agency and each participating agency for a project shall apply the requirements of section #dajje of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#d7 to the project1 subject to the condition that any reference contained in that section to a covered project shall be considered to be a reference to the project under this section4 7#b7 ,single environmental document 7,a7 ,in general ,except as provided in subparagraph 7,c71 to the maximum extent practicable and consistent with ,federal law1 to achieve compliance with ,,nepa1 all ,federal authorizations and reviews that are necessary for a project shall rely on a single environmental document for each type of environmental document prepared under ,,nepa under the leadership of the lead agency4 7,b7 ,use of document 7i7 ,in general ,to the maximum extent practicable1 the lead agency shall develop environmental documents sufficient to satisfy the ,,nepa requirements for any authorization or other ,federal action required for the project4 7ii7 ,cooperation of participating agencies ,each participating agency shall cooperate with the lead agency and provide timely information to assist the lead agency to carry out subparagraph 7,a74 7,c7 ,exceptions ,a lead agency may waive the application of subparagraph 7,a7 with respect to a project if-- 7i7 the project sponsor requests that agencies issue separate environmental documents2 7ii7 the obligations of a cooperating agency or participating agency under ,,nepa have already been satisfied with respect to the project2 or 7iii7 the lead agency determines1 and provides justification in the coordination plan established under subsection 7g77#a71 that multiple environmental documents are more efficient for the environmental review process or authorization process for the project4 7,d7 ,page limits 7i7 ,in general ,notwithstanding any other provision of law and except as provided in clause 7ii71 to the maximum extent practicable1 the text of the items described in paragraphs 7#d7 through 7#f7 of section #aejb4aj7;a7 of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 of an environmental impact statement for a project shall be not more than #aej pages4 7ii7 ,exceptions ,the text described in clause 7i7-- 7,i7 shall be not more than #cjj pages in the case of a proposal of unusual scope or complexity2 and 7,,ii7 may exceed #cjj pages if the lead agency establishes a new page limit for the environmental impact statement for that project4 7f7 ,errata for environmental impact statements 7#a7 ,in general ,in preparing a final environmental impact statement for a project1 if the lead agency modifies the draft environmental impact statement in response to comments1 the lead agency may write on errata sheets attached to the environmental impact statement in lieu of rewriting the draft environmental impact statement1 subject to the conditions described in paragraph 7#b74 7#b7 ,conditions ,the conditions referred to in paragraph 7#a7 are as follows3 7,a7 ,the comments to which the applicable modification responds shall be minor4 7,b7 ,the modifications shall be confined to-- 7i7 minor factual corrections2 or 7ii7 an explanation of the reasons why the comments do not warrant additional response from the lead agency4 7,c7 ,the errata sheets shall-- 7i7 cite the sources1 authorities1 and reasons that support the position of the lead agency2 and 7ii7 if appropriate1 indicate the circumstances that would trigger reappraisal or further response by the lead agency4 7#c7 ,savings provision ,nothing in this subsection precludes a lead agency from responding to comments in a final environmental impact statement in accordance with procedures described in section #aejc4d7;c7 of the ,,nepa implementing regulations4 7g7 ,coordination and scheduling 7#a7 ,coordination plan 7,a7 ,in general ,except as provided in subparagraph 7,b71 not later than #ij days after the date of publication of a notice of intent to prepare an environmental impact statement1 or the initiation of an environmental assessment1 as applicable1 for a project1 the lead agency shall establish a plan for coordinating public and agency participation in1 and comment regarding1 the environmental review process and authorization decisions for the project or applicable category of projects 7referred to in this paragraph as the coordination plan74 7,b7 ,other date ,if the project sponsor requests the establishment of a coordination plan for a project by a date earlier than the deadline described in subparagraph 7,a71 the lead agency shall establish the coordination plan not later than #ij days after the request is received by the head of the lead agency4 7,c7 ,incorporation into memorandum ,a coordination plan may be incorporated into a memorandum of understanding with the project sponsor1 lead agency1 and any other appropriate entity to accomplish the coordination activities described in this subsection4 7,d7 ,schedule 7i7 ,in general ,as part of a coordination plan for a project1 the lead agency shall establish and maintain a schedule for completion of the environmental review process and authorization decisions for the project that-- 7,i7 includes the date of project initiation or earliest ,federal agency contact for the project1 including any pre-application consultation2 7,,ii7 includes any programmatic environmental document or agreement that is a prerequisite or predecessor for the environmental review process for the project2 7,,iii7 includes-- 7aa7 any ,federal authorization1 action required as part of the environmental review process1 consultation1 or similar process that is required through project completion2 7bb7 to the maximum extent practicable1 any ,indian ,tribe1 ,alaska ,native ,corporation1 ,state1 or local agency authorization1 review1 consultation1 or similar process2 and 7cc7 a schedule for each authorization under item 7aa7 or 7bb71 including any pre-application consultations1 applications1 interim milestones1 public comment periods1 draft decisions1 final decisions1 and final authorizations necessary to begin construction2 and 7,,iv7 is established-- 7aa7 after consultation with1 and the concurrence of1 each participating agency for the project2 and 7bb7 with the participation of the project sponsor4 7ii7 ,major project schedules ,to the maximum extent practicable and consistent with applicable ,federal law1 in the case of a major project1 the lead agency shall develop1 with the concurrence of each participating agency for the major project and in consultation with the project sponsor1 a schedule for the major project that is consistent with completing-- 7,i7 the environmental review process-- 7aa7 in the case of major projects for which the lead agency determines an environmental impact statement is required1 not later than #b years after the date of publication by the lead agency of a notice of intent to prepare an environmental impact statement to the record of decision2 and 7bb7 in the case of major projects for which the lead agency determines an environmental assessment is required1 not later than #a year after the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact2 and 7,,ii7 any outstanding authorization required for project construction not later than #aej days after the date of an issuance of a record of decision or a finding of no significant impact under subclause 7,i74 7,e7 ,factors for consideration ,in establishing a schedule under subparagraph 7,d71 a ,federal lead agency shall consider factors such as-- 7i7 the responsibilities of participating agencies or cooperating agencies under applicable law2 7ii7 resources available to the participating agencies or cooperating agencies2 7iii7 the overall size and complexity of the project2 7iv7 the overall time required by an agency to conduct the environmental review process and make decisions under applicable ,federal law relating to a project 7including the issuance or denial of a permit or license72 7v7 the cost of the project2 7vi7 the sensitivity of the natural and historic resources that could be affected by the project2 and 7vii7 timelines and deadlines established in this section and other applicable law4 7,f7 ,modifications 7i7 ,in general ,except as provided in clause 7iii71 the lead agency may lengthen-- 7,i7 a schedule established for a project under subparagraph 7,d7 for good cause1 in accordance with clause 7ii72 or 7,,ii7 shorten a schedule established for a project under subparagraph 7,d7 if the lead agency has-- 7aa7 good cause2 and 7bb7 the concurrence of the project sponsor and any participating agencies4 7ii7 ,good cause ,good cause to lengthen a schedule under clause 7i77,i7 may include-- 7,i7 ,federal law prohibiting the lead agency or another agency from issuing an approval or permit within the period required under subparagraph 7,d72 7,,ii7 a request from the project sponsor that the permit or approval follow a different timeline2 or 7,,iii7 a determination by the lead agency1 with the concurrence of the project sponsor1 that an extension would facilitate completion of the environmental review process and authorization process of the project4 7iii7 ,exceptions 7,i7 ,shortening of time period ,a lead agency may not shorten a schedule under clause 7i77,,ii7 if shortening the schedule would impair the ability of a participating agency-- 7aa7 to conduct any necessary analysis2 or 7bb7 to otherwise carry out any relevant obligation of the participating agency for the project4 7,,ii7 ,major projects ,in the case of a major project1 the lead agency may lengthen a schedule for a project under subparagraph 7,d7 for a ,federal participating agency by not more than #a year after the latest deadline established for the major project by the lead agency4 7,,iii7 ,coordination plans prior to notice of intent ,in the case of a schedule established for a project under subparagraph 7,d7 prior to the publication of a notice of intent1 the lead agency may adjust the schedule1 with the concurrence of participating agencies and the participation of the project sponsor1 until the date of publication of the notice of intent4 7,g7 ,failure to meet schedule or deadline ,if a participating ,federal agency fails to meet a schedule or deadline established under subparagraph 7,d71 not later than #cj days after the missed schedule or deadline1 the participating ,federal agency shall-- 7i7 notify-- 7,i7 the ,director of the ,office of ,management and ,budget2 7,,ii7 the ,executive ,director of the ,federal ,permitting ,improvement ,steering ,council2 7,,iii7 the ,secretary concerned2 7,,iv7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7,v7 the ,committee on ,environment and ,public ,works of the ,senate2 7,,vi7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,,vii7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7ii7 include in the notifications under clause 7i7-- 7,i7 a description of the cause for the failure2 and 7,,ii7 a new schedule or deadline agreed on by the project sponsor1 the lead agency1 and cooperating agencies4 7,h7 ,dissemination ,a copy of a schedule for a project under subparagraph 7,d71 and any modifications to such a schedule1 shall be-- 7i7 provided to-- 7,i7 all participating agencies2 and 7,,ii7 the project sponsor2 and 7ii7 in the case of a schedule for a major project under that subparagraph1 made available to the public pursuant to subsection 7l74 7,i7 ,no delay in decision making ,no agency shall seek to encourage a sponsor of a project to withdraw or resubmit an application to delay decision making within the timelines under this subsection4 7#b7 ,comment deadlines ,the lead agency shall establish the following deadlines for comment during the environmental review process for a project3 7,a7 ,for comments by agencies and the public on a draft environmental impact statement1 a period of not more than #fj days after publication in the ,federal ,register of a notice of the date of public availability of the draft1 unless-- 7i7 a different deadline is established by agreement of the lead agency1 the project sponsor1 and all participating agencies2 or 7ii7 the deadline is extended by the lead agency for good cause1 together with a documented and publicly available explanation of the need for an extended comment period4 7,b7 ,for all other comment periods established by the lead agency for agency or public comment for a ,federal authorization or in the environmental review process1 a period of not more than #de days beginning on the first date of availability of the materials regarding which comment is requested1 unless a different deadline of not more than #fj days is established by agreement of the lead agency and all participating agencies1 in consultation with the project sponsor4 7#c7 ,public involvement ,nothing in this section-- 7,a7 reduces any time period provided for-- 7i7 public comment in the environmental review process2 or 7ii7 an authorization for a project under applicable ,federal law2 7,b7 creates a requirement for an additional public comment opportunity in addition to any public comment opportunity required for a project under applicable ,federal law2 or 7,c7 creates a new requirement for public comment on a project for which an environmental assessment is being prepared4 7#d7 ,categorical exclusions ,nothing in this subsection affects or creates new requirements for a project or activity that is eligible for a categorical exclusion4 7#e7 ,deadline enforcement 7,a7 ,definition of applicable deadline ,in this paragraph1 the term applicable deadline means a deadline-- 7i7 for the environmental review process for a major project required under paragraph 7#a77;,d77ii77,i72 7ii7 for a decision on an authorization for a major project required under paragraph 7#a77;,d77ii77,,ii72 or 7iii7 described in clause 7i7 or 7ii7 that has been modified under paragraph 7#a77;,f74 7,b7 ,petition to court ,a project sponsor may obtain a review of an alleged failure by a ,federal agency1 or a ,state agency acting pursuant to ,federal law1 to act in accordance with an applicable deadline under this section by filing a written petition with a court of competent jurisdiction seeking an order under subparagraph 7,c74 7,c7 ,court order ,if a court of competent jurisdiction finds that a ,federal agency1 or a ,state agency acting pursuant to ,federal law1 has failed to act in accordance with an applicable deadline1 the court shall set a schedule and deadline for the agency to act as soon as practicable1 which shall not exceed #ij days from the date on which the order of the court is issued1 unless the court determines a longer time period is necessary to comply with applicable law4 7,d7 ,jurisdiction ,the ,united ,states ,court of ,appeals for the ,district of ,columbia shall have original jurisdiction over any civil action brought pursuant to subparagraph 7,b71 in addition to any court of competent jurisdiction under any other ,federal law4 7,e7 ,expedited consideration ,a court of competent jurisdiction shall set for expedited consideration any action brought under this subsection4 7h7 ,issue identification and resolution 7#a7 ,cooperation ,the lead agency and each participating agency shall work cooperatively in accordance with this section to facilitate the timely completion of the environmental review and authorization process by identifying and resolving issues that could-- 7,a7 delay final decision making for any authorization for a project2 7,b7 delay completion of the environmental review process for a project2 or 7,c7 result in the denial of any authorization required for the project under applicable law4 7#b7 ,accelerated issue resolution and referral 7,a7 ,in general ,a participating agency1 project sponsor1 or the ,governor of a ,state in which a project is located may request an issue resolution meeting to resolve issues relating to a project that could-- 7i7 delay final decision making for any authorization for a project2 7ii7 significantly delay completion of the environmental review process for a project2 or 7iii7 result in the denial of any authorization required for the project under applicable law4 7,b7 ,initial meeting ,not later than #cj days after the date of receipt of a request under subparagraph 7,a71 the lead agency shall convene an issue resolution meeting1 which shall include-- 7i7 the relevant participating agencies2 7ii7 the project sponsor2 and 7iii7 the ,governor of a ,state in which the project is located1 if the ,governor requested the issue resolution meeting under that subparagraph4 7,c7 ,elevation ,if issue resolution is not achieved by #cj days after the date of the initial meeting under subparagraph 7,b71 the issue shall be elevated to the head of the lead agency1 who shall-- 7i7 notify-- 7,i7 the heads of the relevant participating agencies2 7,,ii7 the project sponsor2 and 7,,iii7 the ,governor of a ,state in which the project is located1 if the ,governor requested the issue resolution meeting under subparagraph 7,a72 and 7ii7 convene a leadership issue resolution meeting not later than #ij days after the date of the initial meeting under subparagraph 7,b7 with-- 7,i7 the heads of the relevant participating agencies1 including any relevant ,secretaries2 7,,ii7 the project sponsor2 and 7,,iii7 the ,governor of a ,state in which the project is located1 if the ,governor requested the issue resolution meeting under subparagraph 7,a74 7,d7 ,convention by lead agency ,a lead agency may convene an issue resolution meeting at any time to resolve issues relating to an authorization or environmental review process for a project1 without the request of a participating agency1 project sponsor1 or the ,governor of a ,state in which the project is located4 7,e7 ,referral of issue resolution for major projects to ,council on ,environmental ,quality 7i7 ,in general ,if issue resolution for a major project is not achieved by #cj days after the date on which a leadership issue resolution meeting is convened under subparagraph 7,c71 the head of the lead agency shall refer the matter to the ,council on ,environmental ,quality4 7ii7 ,meeting ,not later than #cj days after the date of receipt of a referral from the head of the lead agency under clause 7i71 the ,council on ,environmental ,quality shall convene an issue resolution meeting with-- 7,i7 the head of the lead agency2 7,,ii7 the heads of relevant participating agencies2 7,,iii7 the project sponsor2 and 7,,iv7 the ,governor of a ,state in which the major project is located1 if the ,governor requested the issue resolution meeting under subparagraph 7,a74 7,f7 ,consistency with other law ,an agency shall implement the requirements of this paragraph-- 7i7 unless doing so would prevent the compliance of the agency with existing law2 and 7ii7 consistent with1 to the maximum extent permitted by law1 any dispute resolution process established in an applicable law1 regulation1 or legally binding agreement4 7,g7 ,effect of paragraph ,nothing in this paragraph limits the application of section #dajjc of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#b7 to a covered project 7as defined in section #dajja of that ,act 7#db ,u4,s4,c4 #dcgjm77 that is a project subject to the requirements of this section1 including with respect to dispute resolution procedures regarding a permitting timetable4 7i7 ,enhanced technical assistance from lead agency 7#a7 ,definition of covered project ,in this subsection1 the term covered project means a project-- 7,a7 that has a pending environmental review or authorization under ,,nepa2 and 7,b7 for which the lead agency determines a delay to the schedule established under subsection 7g7 is likely4 7#b7 ,technical assistance ,at the request of a project sponsor1 participating agency1 or the ,governor of a ,state in which a covered project is located1 the head of the lead agency may provide technical assistance to resolve any outstanding issues that are resulting in project delay for the covered project1 including by-- 7,a7 providing additional staff1 training1 and expertise2 7,b7 facilitating interagency coordination2 7,c7 promoting more efficient collaboration2 and 7,d7 supplying specialized onsite assistance4 7#c7 ,scope of work ,in providing technical assistance for a covered project under this subsection1 the head of the lead agency shall establish a scope of work that describes the actions that the head of the lead agency will take to resolve the outstanding issues and project delays4 7#d7 ,consultation ,in providing technical assistance for a covered project under this subsection1 the head of the lead agency shall consult1 if appropriate1 with participating agencies on all methods available to resolve any outstanding issues and project delays for a covered project as expeditiously as practicable4 7j7 ,judicial review ,except as provided in subsection 7k71 nothing in this section affects the reviewability of any final ,federal agency action in a court of-- 7#a7 the ,united ,states2 or 7#b7 any ,state4 7k7 ,efficiency of claims 7#a7 ,statute of limitations ,notwithstanding any other provision of law1 a claim arising under ,federal law seeking judicial review of an authorization issued or denied by a ,federal agency for a project shall be barred unless the claim is filed by #aej days after the later of the date on which the authorization is final in accordance with the law under which the agency action is taken and the date of publication of a notice that the environmental document is final in accordance with ,,nepa1 unless a shorter time is specified in the ,federal law pursuant to which judicial review is allowed4 7#b7 ,expedited review ,a court of competent jurisdiction shall set for expedited consideration any claim arising under ,federal law seeking judicial review of an authorization issued or denied by a ,federal agency1 or a ,state agency acting pursuant to ,federal law1 for a project4 7#c7 ,remanded actions 7,a7 ,in general ,if a court of competent jurisdiction remands a final ,federal agency action for a project to the ,federal agency1 the court shall set a reasonable schedule and deadline for the agency to act on remand1 which shall not exceed #ahj days from the date on which the order of the court was issued1 unless a longer time period is necessary to comply with applicable law4 7,b7 ,expedited treatment of remanded actions ,the head of the ,federal agency to which a court remands a final ,federal agency action under subparagraph 7,a7 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 subparagraph4 7#d7 ,random assignment of cases ,to the maximum extent practicable1 district courts of the ,united ,states and courts of appeals of the ,united ,states shall randomly assign cases seeking judicial review of any authorization issued by a ,federal agency for a project to judges appointed1 designated1 or assigned to sit as judges of the court in a manner to avoid the appearance of favoritism or bias4 7#e7 ,effect of subsection ,nothing in this subsection-- 7,a7 establishes a right to judicial review2 or 7,b7 places any limit on filing a claim that a person has violated the terms of an authorization4 7#f7 ,treatment of supplemental or revised environmental documents ,with respect to a project-- 7,a7 the preparation of a supplemental or revised environmental document for the project1 when required1 shall be considered to be a separate final agency action for purposes of the deadline under subparagraph 7,b72 and 7,b7 the deadline for filing a claim for judicial review of that action shall be the date that is #aej days after the date of publication of a notice in the ,federal ,register announcing the final agency action1 unless a shorter time is specified in the ,federal law pursuant to which judicial review is authorized4 7l7 ,improving transparency in project status 7#a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,secretary concerned shall-- 7,a7 use the searchable internet website maintained under section #dajjc7;b7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#b7;b77 to make publicly available-- 7i7 the status1 schedule1 and progress of each major project1 including a project for which an authorization is being sought or that is subject to an environmental review process initiated prior to the date of enactment of this ,act1 with respect to compliance with the applicable requirements of ,,nepa1 any authorization1 and any other ,indian ,tribe1 ,state1 or local agency authorization required for the major project2 and 7ii7 a list of the participating agencies for each major project2 and 7,b7 establish such reporting standards as are necessary to meet the requirements of subparagraph 7,a71 which shall include requirements-- 7i7 to track major projects from initiation through the date that final authorizations required to begin construction are issued or the major project is withdrawn2 and 7ii7 to update the status1 schedule1 and progress of major projects to reflect any changes to the project status or schedule1 including changes resulting from litigation 7including any injunctions1 vacatur of authorizations1 and timelines for any additional authorization or environmental review process that is required as a result of litigation74 7#b7 ,federal1 ,state1 and local agency participation 7,a7 ,federal agencies ,a ,federal agency participating in the environmental review process or authorization process for a major project shall provide to the ,secretary concerned information relating to the status and progress of the authorization of the major project for publication on the internet website referred to in paragraph 7#a77;,a71 consistent with the standards established under paragraph 7#a77;,b74 7,b7 ,state and local agencies ,the ,secretary concerned shall encourage ,state and local agencies participating in the environmental review process or authorization process for a major project to provide information relating to the status and progress of the authorization of the major project for publication on the internet website referred to in paragraph 7#a77;,a74 7m7 ,accountability and reporting for major projects ,each ,secretary concerned shall-- 7#a7 not later than #a year after the date of enactment of this ,act1 establish a performance accountability system for the agency represented by the ,secretary concerned2 and 7#b7 on establishment of the performance accountability system under paragraph 7#a71 and not less frequently than annually thereafter1 publish a report describing performance accountability for each major project authorization and review conducted during the preceding year by the agency represented by the ,secretary concerned1 including-- 7,a7 for each major project for which that agency serves as a lead agency or a participating agency1 the extent to which the agency is achieving compliance with each schedule established under this section for an authorization1 environmental review process1 or consultation2 7,b7 for each major project for which that agency serves as a lead agency1 information regarding the average time required to complete each applicable authorization and the environmental review process2 and 7,c7 for each major project for which that agency serves as a participating agency with jurisdiction over an authorization1 information regarding the average time required to complete the authorization process4 7n7 ,programmatic compliance 7#a7 ,in general ,the ,secretary concerned shall allow for the use of programmatic approaches to conduct environmental reviews that-- 7,a7 eliminate repetitive discussions of the same issue2 7,b7 focus on the issues ripe for analysis at each level of review2 and 7,c7 are consistent with-- 7i7 ,,nepa2 and 7ii7 other applicable laws4 7#b7 ,requirements ,in carrying out this subsection1 each lead agency shall ensure that programmatic approaches to conduct environmental review processes-- 7,a7 promote transparency1 including the transparency of-- 7i7 the analyses and data used in the environmental review process2 7ii7 the treatment of any deferred issues raised by agencies or the public2 and 7iii7 the temporal and spatial scales to be used to analyze issues under clauses 7i7 and 7ii72 7,b7 use accurate and timely information1 including through the establishment of-- 7i7 criteria for determining the general duration of the usefulness of the environmental review process2 and 7ii7 a timeline for updating any out-of-date environmental review process2 7,c7 describe-- 7i7 the relationship between any programmatic analysis and future tiered analysis2 and 7ii7 the role of the public in the creation of future tiered analyses2 7,d7 are available to other relevant ,federal and ,state agencies1 ,indian ,tribes1 ,alaska ,native ,corporations1 and the public2 and 7,e7 provide notice and public comment opportunities consistent with applicable requirements4 7o7 ,development of categorical exclusions 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 and not less frequently than once every #d years thereafter1 each ,secretary concerned1 in consultation with the ,chair of the ,council on ,environmental ,quality1 shall-- 7,a7 in consultation with the other agencies described in paragraph 7#b71 as applicable1 identify each categorical exclusion available to such an agency that would accelerate delivery of a project if the categorical exclusion was available to the ,secretary concerned2 and 7,b7 collect existing documentation and substantiating information relating to each categorical exclusion identified under subparagraph 7,a74 7#b7 ,description of agencies ,the agencies referred to in paragraph 7#a7 are-- 7,a7 the ,department of ,agriculture2 7,b7 the ,department of the ,army2 7,c7 the ,department of ,commerce2 7,d7 the ,department of ,defense2 7,e7 the ,department of ,energy2 7,f7 the ,department of the ,interior2 7,g7 the ,federal ,energy ,regulatory ,commission2 and 7,h7 any other ,federal agency that has participated in an environmental review process for a project1 as determined by the ,chair of the ,council on ,environmental ,quality4 7#c7 ,adoption of categorical exclusions ,not later than #a year after the date on which categorical exclusions are identified under paragraph 7#a77;,a71 each ,secretary concerned shall-- 7,a7 determine whether any such categorical exclusion meets the applicable criteria for a categorical exclusion under-- 7i7 the ,,nepa implementing regulations2 and 7ii7 any relevant regulations of the agency represented by the ,secretary concerned2 and 7,b7 publish a notice of proposed rulemaking to propose the adoption of any identified categorical exclusion that-- 7i7 is applicable to the agency represented by the ,secretary concerned2 and 7ii7 meets the applicable criteria described in subparagraph 7,a74 7p7 ,additions to categorical exclusions 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 and not later than #e years thereafter1 each ,secretary concerned shall-- 7,a7 conduct a survey regarding the use by the agency represented by the ,secretary concerned of categorical exclusions for projects during the #e-year period preceding the date of the survey2 7,b7 publish a review of the survey under subparagraph 7,a7 that includes a description of-- 7i7 the types of actions eligible for each categorical exclusion covered by the survey2 and 7ii7 any requests previously received by the ,secretary concerned for new categorical exclusions2 and 7,c7 solicit requests for new categorical exclusions4 7#b7 ,new categorical exclusions ,not later than #abj days after the date of a solicitation of requests under paragraph 7#a77;,c71 the ,secretary concerned shall publish a notice of proposed rulemaking to propose the adoption of any such new categorical exclusions1 to the extent that the categorical exclusions meet the applicable criteria for a categorical exclusions under-- 7,a7 the ,,nepa implementing regulations2 and 7,b7 any relevant regulations of the agency represented by the ,secretary concerned4 #ajc4 ,prioritizing energy projects of strategic national importance 7a7 ,definitions ,in this section3 7#a7 ,critical mineral ,the term critical mineral has the meaning given the term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7#b7 ,designated project ,the term designated project means an energy project of strategic national importance designated for priority ,federal review under subsection 7b74 7b7 ,designation of projects 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,president1 in consultation with the ,secretary of ,energy1 the ,secretary of the ,interior1 the ,administrator of the ,environmental ,protection ,agency1 the ,federal ,energy ,regulatory ,commission1 and the heads of any other relevant ,federal departments or agencies1 as determined by the ,president1 shall-- 7,a7 designate #be energy projects of strategic national importance for priority ,federal review1 in accordance with this section2 and 7,b7 publish a list of those designated projects in the ,federal ,register4 7#b7 ,updates ,not later than #ahj days after the date on which the ,president publishes the list under paragraph 7#a77;,b71 and every #ahj days thereafter during the #aj-year period beginning on that date1 the ,president shall publish an updated list1 which shall-- 7,a7 include not less than #be designated projects2 and 7,b7 include each previously designated project until-- 7i7 a final decision has been issued for each authorization for the designated project2 or 7ii7 the project sponsor withdraws its request for authorization4 7#c7 ,project types2 first #g years ,during the #g-year period beginning on the date on which the ,president publishes the list under paragraph 7#a77;,b71 of the list of designated projects maintained on an ongoing basis pursuant to this subsection1 not fewer than-- 7,a7 #e shall be projects for the mining1 extraction1 beneficiation1 or processing of critical minerals-- 7i7 of which not fewer than #c shall include new mining or extraction of critical minerals2 and 7ii7 for which critical mineral production may occur as a byproduct2 7,b7 #g shall be projects-- 7i7 to generate electricity or store energy without the use of fossil fuels2 or 7ii7 to manufacture clean energy equipment2 7,c7 #f shall be projects to produce1 process1 transport1 or store fossil fuel products1 or biofuels1 including projects to export or import those products from nations described in subsection 7c77#c77;,a77vi72 7,d7 #c shall be electric transmission projects or projects using grid-enhancing technology2 7,e7 #b shall be projects to capture1 transport1 or store carbon dioxide1 which may include the utilization of captured or displaced carbon dioxide emissions2 and 7,f7 #b shall be a project to produce1 transport1 or store clean hydrogen1 including projects to export or import those products from nations described in subsection 7c77#c77;,a77vi74 7#d7 ,project types2 phase-down ,during the #c-year period beginning #g years after the date on which the ,president publishes the list under paragraph 7#a77;,b71 of the list of designated projects maintained on an ongoing basis pursuant to this subsection1 not fewer than-- 7,a7 #b shall be projects for the mining1 extraction1 beneficiation1 or processing of critical minerals2 7,b7 #c shall be projects described in paragraph 7#c77;,b72 7,c7 #c shall be projects described in paragraph 7#c77;,c72 7,d7 #a shall be a project described in paragraph 7#c77;,d72 7,e7 #a shall be a project described in paragraph 7#c77;,e72 and 7,f7 #a shall be a project described in paragraph 7#c77;,f74 7#e7 ,list of projects meeting each category threshold2 insufficient applications 7,a7 ,in general ,subject to subparagraph 7,b71 during the #aj-year period beginning on the date on which the ,president publishes the list under paragraph 7#a77;,b71 the ,president shall maintain a list of designated projects that meet the minimum threshold for the applicable category of projects under each subparagraph of paragraph 7#c7 or 7#d71 as applicable4 7,b7 ,insufficient applications ,if the number of applications submitted that meet the requirements for a designated project for a category of projects under a subparagraph of paragraph 7#c7 or 7#d71 as applicable1 is not sufficient to meet the minimum threshold under that subparagraph1 the ,president shall designate the maximum number of applications submitted that meet the requirements for a designated project for the applicable category until a sufficient number of applications meeting the requirements for a designated project for such category has been submitted4 7c7 ,selection and priority requirements 7#a7 ,in general ,the ,president shall carry out subsection 7b7 based on a review of applications for authorizations or other reviews submitted to the ,corps of ,engineers1 the ,department of ,defense1 the ,department of ,energy1 the ,department of the ,interior1 the ,environmental ,protection ,agency1 the ,forest ,service1 the ,federal ,energy ,regulatory ,commission1 the ,nuclear ,regulatory ,commission1 the ,maritime ,administration1 the ,pipeline and ,hazardous ,materials ,safety ,administration1 and the ,federal ,permitting ,improvement ,steering ,council4 7#b7 ,requirement ,the ,president shall designate under subsection 7b7 only projects that the ,president determines are likely-- 7,a7 to require an environmental assessment or environmental impact statement under ,,nepa2 7,b7 to require review by more than #b ,federal or ,state agencies2 7,c7 to have a total project cost of more than #bej1jjj1jjj2 and 7,d7 to have sufficient financial support from the project sponsor to ensure project completion4 7#c7 ,priority 7,a7 ,in general ,in considering projects to designate under subsection 7b71 the ,president shall give priority to projects the completion of which will significantly advance #a or more of the following objectives3 7i7 ,reducing energy prices in the ,united ,states4 7ii7 ,reducing greenhouse gas emissions4 7iii7 ,improving electric reliability in ,north ,america4 7iv7 ,advancing emerging energy technologies4 7v7 ,improving the domestic supply chains for1 and manufacturing of1 energy products1 energy equipment1 and critical minerals4 7vi7 ,increasing energy trade between the ,united ,states and-- 7,i7 nations that are signatories to free trade agreements with the ,united ,states that cover the trade of energy products2 7,,ii7 members of the ,north ,atlantic ,treaty ,organization2 7,,iii7 members of the ,organization for ,economic ,cooperation and ,development2 7,,iv7 nations with a transmission system operator that is included in the ,european ,network of ,transmission ,system ,operators for ,electricity1 including as an observer member2 or 7,v7 any other country designated as an ally or partner nation by the ,president for purposes of this section4 7vii7 ,reducing the reliance of the ,united ,states on the supply chains of foreign entities of concern 7as defined in section #djbjg7;a7 of the ,infrastructure ,investment and ,jobs ,act 7#db ,u4,s4,c4 #ahgda7;a7774 7viii7 ,to the extent practicable1 minimizing development impacts through the use of existing-- 7,i7 rights-of-way2 7,,ii7 facilities2 or 7,,iii7 other infrastructure4 7ix7 ,creating jobs-- 7,i7 with wages at rates not less than those prevailing on similar projects in the locality1 as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act72 and 7,,ii7 with consideration of the magnitude and timing of the direct and indirect employment impacts of carrying out the project4 7,b7 ,other priority ,in considering projects to designate for the category of projects described in subsection 7b77#c77;,c71 in addition to the priorities specified in subparagraph 7,a71 the ,president shall give priority to projects the completion of which will significantly reduce greenhouse gas emissions4 7d7 ,reviews of designated projects 7#a7 ,in general ,the ,president shall1 in consultation with the applicable department and agency heads1 the ,director of the ,office of ,management and ,budget1 the ,chair of the ,council on ,environmental ,quality1 and the ,federal ,permitting ,improvement ,steering ,council1 direct ,federal agencies through executive order to prioritize the completion of the environmental review process and decisions on authorizations for designated projects4 7#b7 ,timelines ,to the maximum extent practicable and consistent with applicable ,federal law1 the ,president shall complete-- 7,a7 the environmental review process-- 7i7 in the case of a designated project for which the lead agency determines an environmental impact statement is required1 not later than #b years after the date of publication by the lead agency of a notice of intent to prepare an environmental impact statement to the record of decision2 and 7ii7 in the case of a designated project for which the lead agency determines an environmental assessment is required1 not later than #a year after the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact2 and 7,b7 decisions on any outstanding authorization required for project construction within #ahj days of the issuance of a record of decision or finding of no significant impact under subparagraph 7,a74 7#c7 ,streamlining review process ,a designated project shall be considered a major project 7as defined in section #ajb7;a77 subject to the requirements of that section4 7e7 ,,nepa 7#a7 ,in general ,nothing in this section supersedes or modifies any applicable requirement1 authority1 or agency responsibility provided under ,,nepa4 7#b7 ,designation of projects ,the act of designating a project under subsections 7b7 and 7c7 shall not be subject to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7f7 ,report ,not later than #ahj days after the date of enactment of this ,act1 and every #ij days thereafter1 the ,president shall submit to the ,committee on ,energy and ,natural ,resources and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,energy and ,commerce and the ,committee on ,natural ,resources of the ,house of ,representatives a report describing-- 7#a7 each designated project and the basis for designating that project pursuant to subsection 7c72 7#b7 for each designated project1 all outstanding authorizations1 environmental reviews1 consultations1 public comment periods1 or other ,federal1 ,state1 or local reviews required for project completion2 and 7#c7 for each authorization1 environmental review1 consultation1 public comment period1 or other review under paragraph 7#b7-- 7,a7 an estimated completion date2 and 7,b7 an explanation of-- 7i7 any delays meeting the timelines established in this section or in applicable ,federal1 ,state1 or local law2 and 7ii7 any changes to the date described in subparagraph 7,a7 from a report previously submitted under this subsection4 7g7 ,funding 7#a7 ,in general ,out of amounts appropriated under section #gjjjg of ,public ,law #aag-afi to the ,environmental ,review ,improvement ,fund established under section #dajji7;d77#a7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#h7;d77#a771 #bej1jjj1jjj shall be used to provide funding to agencies to support more efficient1 accurate1 and timely reviews of designated projects in accordance with paragraph 7#b74 7#b7 ,use of funds ,the ,federal ,permitting ,improvement ,steering ,council shall prescribe the use of funds provided to agencies under paragraph 7#a71 which may include-- 7,a7 the hiring and training of personnel2 7,b7 the development of programmatic documents2 7,c7 the procurement of technical or scientific services for environmental reviews2 7,d7 the development of data or information systems2 7,e7 stakeholder and community engagement2 7,f7 the purchase of new equipment for analysis2 and 7,g7 the development of geographic information systems and other analytical tools1 techniques1 and guidance to improve agency transparency1 accountability1 and public engagement4 7#c7 ,limitation ,of the amounts made available under paragraph 7#a7 for a fiscal year1 not more than #a1ejj1jjj shall be allocated to support the review of a single designated project4 7#d7 ,supplement not supplant ,funds appropriated under this subsection shall be used in addition to existing funding mechanisms1 including agency user fees and application fees4 #ajd4 ,empowering the ,federal ,permitting ,improvement ,steering ,council and improving reviews 7a7 ,definition of covered project ,section #dajja7f77;,a7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7#f77;,a77 is amended-- 7#a7 in the matter preceding clause 7i71 by inserting critical mineral mining1 production1 beneficiation1 or processing1 before electricity transmission2 and 7#b7 in clause 7i71 by striking subclause 7,,ii7 and inserting the following3 7,,ii7 is likely to require a total investment of-- 7aa7 more than #bjj1jjj1jjj2 or 7bb7 in the case of a project for the construction1 production1 transportation1 storage1 or generation of energy1 more than #ej1jjj1jjj2 and 4 7b7 ,transparency ,section #dajjc7;b77#b77;,a77iii7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#b7;b77#b77;,a77iii77 is amended by adding at the end the following3 7,,iii7 ,outer ,continental ,shelf ,lands ,act ,the ,secretary of the ,interior shall create and maintain a specific entry on the ,dashboard for the preparation and revision of the oil and gas leasing program required under section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd74 7,,iv7 ,additional energy projects ,the ,secretary of the ,interior or the ,secretary of ,energy1 as applicable1 shall create and maintain a specific entry on the ,dashboard for any project that is a designated project 7as defined in section #ajc7;a7 of the ,building ,american ,energy ,security ,act of #bjbc7 for which a notice of initiation under subsection 7a77#a77;,a7 has not been submitted1 unless the project is already included on the ,dashboard as a covered project4 4 #aje4 ,litigation transparency 7a7 ,definitions ,in this section3 7#a7 ,covered civil action ,the term covered civil action means a civil action-- 7,a7 seeking to compel agency action affecting a project1 as defined under section #ajb of this ,act2 and 7,b7 brought under-- 7i7 chapter #g of title #e1 ,united ,states ,code2 or 7ii7 any other statute authorizing such an action4 7#b7 ,covered consent decree ,the term covered consent decree means a consent decree entered into in a covered civil action4 7#c7 ,covered consent decree or settlement agreement ,the term covered consent decree or settlement agreement means a covered consent decree and a covered settlement agreement4 7#d7 ,covered settlement agreement ,the term covered settlement agreement means a settlement agreement entered into in a covered civil action4 7b7 ,transparency 7#a7 ,pleadings and preliminary matters 7,a7 ,in general ,in any covered civil action1 the agency against which the covered civil action is brought shall publish the notice of intent to sue and the complaint in a readily accessible manner1 including by making the notice of intent to sue and the complaint available online not later than #ae days after receiving service of the notice of intent to sue or complaint1 respectively4 7,b7 ,entry of a covered consent decree or settlement agreement ,a party may not make a motion for entry of a covered consent decree or to dismiss a civil action pursuant to a covered settlement agreement until after the requirements of subparagraph 7,a7 have been met4 7#b7 ,publication of covered consent decrees or settlement agreements2 public comment ,not later than #cj days before the date on which a covered consent decree or settlement agreement is filed with a court1 the agency seeking to enter the covered consent decree or settlement agreement shall-- 7,a7 publish online the proposed covered consent decree or settlement agreement2 and 7,b7 provide a reasonable opportunity by notice in the ,federal ,register to persons who are not named as parties or interveners to the covered civil action to comment in writing4 7c7 ,consideration of public comment ,an agency seeking to enter a covered consent decree or settlement agreement shall promptly consider any written comments received under subsection 7b77#b77;,b7 and may withdraw or withhold consent to the proposed consent decree or settlement agreement if the comments disclose facts or considerations that indicate that the consent is inappropriate1 improper1 inadequate1 or inconsistent with any provision of law4 ,,ii ,modernizing permitting laws #bja4 ,transmission 7a7 ,construction permit ,section #baf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,construction permit ,except as provided in subsections 7d77#a7 and 7i71 the ,commission may1 after notice and an opportunity for hearing1 issue #a or more permits for the construction or modification of electric transmission facilities necessary in the national interest if the ,commission finds that-- 7#a7 7,a7 a ,state in which the transmission facilities are to be constructed or modified does not have authority to-- 7i7 approve the siting of the facilities2 or 7ii7 consider the interstate benefits or interregional benefits expected to be achieved by the proposed construction or modification of transmission facilities in the ,state2 7,b7 the applicant for a permit is a transmitting utility under this ,act but does not qualify to apply for a permit or siting approval for the proposed project in a ,state because the applicant does not serve end-use customers in the ,state2 or 7,c7 a ,state commission or other entity that has authority to approve the siting of the facilities-- 7i7 has not made a determination on an application seeking approval pursuant to applicable law by the date that is #a year after the date on which the application was filed with the ,state commission or other entity2 7ii7 has conditioned its approval in such a manner that the proposed construction or modification will not significantly reduce transmission capacity constraints or congestion in interstate commerce or is not economically feasible2 or 7iii7 has denied an application seeking approval pursuant to applicable law2 7#b7 the proposed facilities will be used for the transmission of electric energy in interstate 7including transmission from the outer ,continental ,shelf to a ,state7 or foreign commerce2 7#c7 the proposed construction or modification is consistent with the public interest2 7#d7 the proposed construction or modification will-- 7,a7 significantly reduce transmission congestion in interstate commerce2 and 7,b7 protect or benefit consumers2 7#e7 the proposed construction or modification-- 7,a7 is consistent with sound national energy policy2 and 7,b7 will enhance energy independence2 and 7#f7 the proposed modification will maximize1 to the extent reasonable and economical1 the transmission capabilities of existing towers or structures4 4 7b7 ,state siting and consultation ,section #baf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,state siting and consultation 7#a7 ,preservation of ,state siting authority ,the ,commission shall have no authority to issue a permit under subsection 7b7 for the construction or modification of an electric transmission facility within a ,state except as provided in paragraph 7#a7 of that subsection4 7#b7 ,consultation ,in any proceeding before the ,commission under subsection 7b71 the ,commission shall afford each ,state in which a transmission facility covered by the permit is or will be located1 each affected ,federal agency and ,indian ,tribe1 private property owners1 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 permit4 4 7c7 ,rights-of-,way ,section #baf7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7e77 is amended-- 7#a7 in paragraph 7#a71 by striking or a ,state2 and 7#b7 by adding at the end the following3 7#e7 ,compensation for property taken under this subsection shall be determined and awarded by the district court of the ,united ,states in accordance with section #caad7;c7 of title #dj1 ,united ,states ,code4 4 7d7 ,cost allocation 7#a7 ,in general ,section #baf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7 is amended by striking subsection 7f7 and inserting the following3 7f7 ,cost allocation 7#a7 ,transmission tariffs ,for the purposes of this section1 any transmitting utility that owns1 controls1 or operates electric transmission facilities that the ,commission finds to be consistent with the findings under paragraphs 7#b7 through 7#e7 and1 if applicable1 7#f7 of subsection 7b7 shall file a tariff with the ,commission in accordance with section #bje and the regulations of the ,commission allocating the costs of the new or modified transmission facilities4 7#b7 ,cost allocation principles ,the ,commission shall require that tariffs filed under this subsection fairly reflect and allocate the costs of providing service to each class of customers1 including improved reliability1 reduced congestion1 reduced power losses1 greater carrying capacity1 reduced operating reserve requirements1 and improved access to generation1 in accordance with cost allocation principles of the ,commission4 7#c7 ,cost causation principle ,the cost of electric transmission facilities described in paragraph 7#a7 shall be allocated to customers within the transmission planning region or regions that benefit from the facilities in a manner that is at least roughly commensurate with the estimated benefits described in paragraph 7#b74 4 7#b7 ,savings clause ,if the ,federal ,energy ,regulatory ,commission finds that the considerations under paragraphs 7#b7 through 7#e7 and1 if applicable1 7#f7 of subsection 7b7 of section #baf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7 7as amended by subsection 7a77 are met1 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 7f77#a7 of that section 7as amended by paragraph 7#a774 7e7 ,coordination of federal authorizations for transmission facilities ,section #baf7;h7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7h77 is amended-- 7#a7 in paragraph 7#b71 by striking the period at the end and inserting the following3 81 except that-- 7,a7 the ,commission shall act as the lead agency in the case of facilities permitted under subsection 7b72 and 7,b7 the ,department of the ,interior shall act as the lead agency in the case of facilities located on a lease1 easement1 or right-of-way granted by the ,secretary of the ,interior under section #h7p77#a77;,c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#a77;,c774 2 7#b7 in each of paragraphs 7#c71 7#d77;,b71 7#d77;,c71 7#e77;,b71 7#f77;,a71 7#g77;,a71 7#g77;,b77i71 7#h77;,a77i71 and 7#i71 by striking ,secretary each place it appears and inserting lead agency2 7#c7 in paragraph 7#d77;,a71 by striking ,as head of the lead agency1 the ,secretary and inserting ,the lead agency2 7#d7 in paragraph 7#e77;,a71 by striking ,as lead agency head1 the ,secretary and inserting ,the lead agency2 and 7#e7 in paragraph 7#g7-- 7,a7 in subparagraph 7,a71 by striking #ah months after the date of enactment of this section and inserting #ah months after the date of enactment of the ,building ,american ,energy ,security ,act of #bjbc2 and 7,b7 in subparagraph 7,b77i71 by striking #a year after the date of enactment of this section and inserting #ah months after the date of enactment of the ,building ,american ,energy ,security ,act of #bjbc4 7f7 ,interstate compacts ,section #baf7;i77#d7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7i77#d77 is amended by striking in disagreement in the matter preceding subparagraph 7,a7 and all that follows through the period at the end of subparagraph 7,b7 and inserting unable to reach an agreement on an application seeking approval by the date that is #a year after the date on which the application for the facility was filed44 7g7 ,transmission infrastructure investment ,section #bai7;b77#d7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbds7b77#d77 is amended-- 7#a7 in subparagraph 7,a71 by striking and after the semicolon at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 all prudently incurred costs associated with payments to jurisdictions impacted by electric transmission facilities developed pursuant to section #baf4 4 7h7 ,conforming amendment ,section #ejaea7;b7 of ,public ,law #aag-afi 7#db ,u4,s4,c4 #ahgae7;b77 is amended by striking facilities designated by the ,secretary to be necessary in the national interest and inserting facilities in national interest electric transmission corridors designated by the ,secretary4 #bjb4 ,definition of natural gas under the ,natural ,gas ,act 7a7 ,in general ,section #b of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;a7 is amended by striking paragraph 7#e7 and inserting the following3 7#e7 ,natural gas means-- 7,a7 natural gas unmixed2 7,b7 any mixture of natural and artificial gas2 or 7,c7 hydrogen mixed or unmixed with natural gas4 4 7b7 ,conforming amendments ,section #g7;c77#a77;,a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7c77#a77;,a77 is amended1 in the first sentence1 in the proviso-- 7#a7 by inserting or1 in the case of any person engaged in the transportation of natural gas described in section #b7e77;,c71 on the date of enactment of the ,building ,american ,energy ,security ,act of #bjbc1 before over the route2 and 7#b7 by striking within ninety days after the effective date of this amendatory ,act and inserting within #ij days after the effective date of this amendatory ,act1 or1 in the case of any person engaged in the transportation of natural gas described in section #b7e77;,c71 within #ij days after the date of enactment of the ,building ,american ,energy ,security ,act of #bjbc4 7c7 ,savings clause ,nothing in this section or an amendment made by this section authorizes the ,federal ,energy ,regulatory ,commission-- 7#a7 to order a natural-gas company under section #g7;a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7a77 to extend or modify the transportation facilities of the natural-gas company used for natural gas described in subparagraph 7,a7 or 7,b7 of section #b7e7 of that ,act 7#ae ,u4,s4,c4 #gag;a7#e77 to transport natural gas described in subparagraph 7,c7 of that section2 or 7#b7 to attach to a certificate of public convenience and necessity issued under section #g7;e7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7e77 any requirement that transportation facilities used for natural gas described in subparagraph 7,a7 or 7,b7 of section #b7e7 of that ,act 7#ae ,u4,s4,c4 #gag;a7#e77 be capable of transporting natural gas described in subparagraph 7,c7 of that section4 #bjc4 ,authorization of ,mountain ,valley ,pipeline 7a7 ,finding ,congress finds that the timely completion of the construction of the ,mountain ,valley ,pipeline-- 7#a7 is necessary-- 7,a7 to ensure an adequate and reliable supply of natural gas to consumers at reasonable prices2 7,b7 to facilitate an orderly transition of the energy industry to cleaner fuels2 and 7,c7 to reduce carbon emissions2 and 7#b7 is in the national interest4 7b7 ,purpose ,the purpose of this section is to require the appropriate ,federal officers and agencies to take all necessary actions to permit the timely completion of the construction and operation of the ,mountain ,valley ,pipeline without further administrative or judicial delay or impediment4 7c7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,mountain ,valley ,pipeline ,the term ,mountain ,valley ,pipeline means the ,mountain ,valley ,pipeline ,project1 as generally described and approved in ,federal ,energy ,regulatory ,commission ,docket ,nos4 ,,cp#af-aj and ,,cp#ai-dgg4 7#c7 ,secretary concerned ,the term ,secretary concerned means1 as applicable-- 7,a7 the ,secretary of ,agriculture2 7,b7 the ,secretary of the ,interior2 or 7,c7 the ,secretary of the ,army4 7d7 ,authorization of necessary approvals 7#a7 ,biological opinion and incidental take statement ,notwithstanding any other provision of law1 not later than #cj days after the date of enactment of this ,act1 the ,secretary of the ,interior shall issue a biological opinion and incidental take statement for the ,mountain ,valley ,pipeline1 substantially in the form of the biological opinion and incidental take statement for the ,mountain ,valley ,pipeline issued by the ,united ,states ,fish and ,wildlife ,service on ,september #d1 #bjbj4 7#b7 ,additional authorizations ,notwithstanding any other provision of law1 not later than #cj days after the date of enactment of this ,act-- 7,a7 the ,secretary of the ,interior shall issue all rights-of-way1 permits1 leases1 and other authorizations that are necessary for the construction1 operation1 and maintenance of the ,mountain ,valley ,pipeline1 substantially in the form approved in the record of decision of the ,bureau of ,land ,management entitled ,mountain ,valley ,pipeline and ,equitrans ,expansion ,project ,decision to ,grant ,right-of-,way and ,temporary ,use ,permit and dated ,january #ad1 #bjba2 7,b7 the ,secretary of ,agriculture shall amend the ,land and ,resource ,management ,plan for the ,jefferson ,national ,forest as necessary to permit the construction1 operation1 and maintenance of the ,mountain ,valley ,pipeline within the ,jefferson ,national ,forest1 substantially in the form approved in the record of decision of the ,forest ,service entitled ,record of ,decision for the ,mountain ,valley ,pipeline and ,equitrans ,expansion ,project and dated ,january #bjba2 7,c7 the ,secretary of the ,army shall issue all permits and verifications necessary to permit the construction1 operation1 and maintenance of the ,mountain ,valley ,pipeline across waters of the ,united ,states2 and 7,d7 the ,commission shall-- 7i7 approve any amendments to the certificate of public convenience and necessity issued by the ,commission on ,october #ac1 #bjag 7#afa ,,ferc #fa1jdc72 and 7ii7 grant any extensions necessary to permit the construction1 operation1 and maintenance of the ,mountain ,valley ,pipeline4 7e7 ,authority ,to modify prior decisions or approvals ,in meeting the applicable requirements of subsection 7d71 a ,secretary concerned may modify the applicable prior biological opinion1 incidental take statement1 right-of-way1 amendment1 permit1 verification1 or other authorization described in that subsection if the ,secretary concerned determines that the modification is necessary-- 7#a7 to correct a deficiency in the record2 or 7#b7 to protect the public interest or the environment4 7f7 ,relationship to other laws 7#a7 ,determination to issue or grant ,the requirements of subsection 7d7 shall supersede the provisions of any law 7including regulations7 relating to an administrative determination as to whether the biological opinion1 incidental take statement1 right-of-way1 amendment1 permit1 verification1 or other authorization shall be issued for the ,mountain ,valley ,pipeline4 7#b7 ,savings provision ,nothing in this section limits the authority of a ,secretary concerned or the ,commission to administer a right-of-way or enforce any permit or other authorization issued under subsection 7d7 in accordance with applicable laws 7including regulations74 7g7 ,judicial review 7#a7 ,in general ,the actions of the ,secretaries concerned and the ,commission pursuant to subsection 7d7 that are necessary for the construction and initial operation at full capacity of the ,mountain ,valley ,pipeline shall not be subject to judicial review4 7#b7 ,other actions ,the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall have original and exclusive jurisdiction over-- 7,a7 any claim alleging-- 7i7 the invalidity of this section2 or 7ii7 that an action is beyond the scope of authority conferred by this section2 and 7,b7 any claim relating to any action taken by a ,secretary concerned or the ,commission relating to the ,mountain ,valley ,pipeline other than an action described in paragraph 7#a74 #bjd4 ,rights-of-way across ,indian land ,the first section of the ,act of ,february #e1 #aidh 7#fb ,stat4 #ag1 chapter #de2 #be ,u4,s4,c4 #cbc71 is amended by adding at the end the following3 ,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 ,interior1 on the condition that the right-of-way approval process by the ,indian tribe substantially complies with subsection 7h7 of the first section of the ,act of ,august #i1 #aiee 7#fi ,stat4 #eci1 chapter #fae2 #be ,u4,s4,c4 #dae7;h771 or the ,indian tribe has approved regulations under paragraph 7#a7 of that subsection44 #bje4 ,federal ,energy ,regulatory ,commission staffing 7a7 ,consultation deadline ,section #dja7k77#f7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaga7k77#f77 is amended-- 7#a7 by striking ,the ,chairman and inserting the following3 7,a7 ,in general ,the ,chairman 2 and 7#b7 by adding at the end the following3 7,b7 ,deadline ,the requirement under subparagraph 7,a7 shall be considered met if the ,director of the ,office of ,personnel ,management has not taken final action on a plan for applying authorities under this subsection within #abj days of submission of the plan by the ,chairman to the ,director of the ,office of ,personnel ,management4 4 7b7 ,elimination of reporting sunset ,section #aajjd7;b77#a7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #gaga note2 ,public ,law #aaf-bfj7 is amended by striking thereafter for #aj years1 and inserting thereafter14