,,ii #aahth ,,congress #b;d ,session ,s4 #dgec ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bc1 #bjbd,mr4 ,manchin 7for himself and ,mr4 ,barrasso7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to reform leasing1 permitting1 and judicial review for certain energy and minerals projects1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,energy ,permitting ,reform ,act of #bjbd4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,accelerating claims,sec4 #aja4 ,accelerating claims4,,title ,,ii--,federal onshore energy leasing and permitting,sec4 #bja4 ,onshore oil and gas leasing4,sec4 #bjb4 ,term of application for permit to drill4,sec4 #bjc4 ,permitting compliance on non-,federal land4,sec4 #bjd4 ,coal leases on ,federal land4,sec4 #bje4 ,rights-of-way across ,indian land4,sec4 #bjf4 ,accelerating renewable energy permitting4,sec4 #bjg4 ,improving renewable energy coordination on ,federal land4,sec4 #bjh4 ,geothermal leasing and permitting improvements4,sec4 #bji4 ,electric grid projects4,sec4 #baj4 ,hardrock mining mill sites4,,title ,,iii--,federal offshore energy leasing and permitting,sec4 #cja4 ,offshore oil and gas leasing4,sec4 #cjb4 ,offshore wind energy4,,title ,,iv--,electric transmission,sec4 #dja4 ,transmission permitting4,sec4 #djb4 ,transmission planning4,,title ,v--,electric reliability,sec4 #eja4 ,reliability assessments4,,title ,,vi--,liquefied natural gas exports,sec4 #fja4 ,action on applications4,sec4 #fjb4 ,supplemental reviews4,,title ,,vii--,hydropower,sec4 #gja4 ,hydropower license extensions4 ,i ,accelerating claims #aja4 ,accelerating claims 7a7 ,definitions ,in this section3 7#a7 ,authorization 7,a7 ,in general ,the term authorization means any license1 permit1 approval1 order1 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 project4 7,b7 ,inclusions ,the term authorization includes-- 7i7 agency approvals of lease sales1 permits1 or plans required to explore for1 develop1 or produce minerals under-- 7,i7 the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq472 7,,ii7 the ,act of ,august #g1 #aidg 7commonly known as the ,mineral ,leasing ,act for ,acquired ,lands7 7#cj ,u4,s4,c4 #cea et seq472 7,,iii7 the ,act of ,july #ca1 #aidg 7commonly known as the ,materials ,act of #aidg7 7#fa ,stat4 #fha1 chapter #djf2 #cj ,u4,s4,c4 #fja et seq472 7,,iv7 sections #bcai through #bcdd of the ,revised ,statutes 7commonly known as the ,mining ,law of #ahgb7 7#cj ,u4,s4,c4 #bb et seq472 7,v7 the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq472 or 7,,vi7 the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq472 and 7ii7 statements or permits for a project under sections #g and #aj of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf1 #aeci74 7#b7 ,environmental document ,the term environmental document includes any of the following1 as prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq473 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#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 subject to the requirements that-- 7i7 an environmental document be prepared2 and 7ii7 the applicable agency issue an authorization of the activity4 7#d7 ,project sponsor ,the term project sponsor means an entity1 including any private1 public1 or public-private entity1 seeking an authorization for a project4 7b7 ,statute of limitations ,notwithstanding any other provision of law1 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 #aej days after the date on which the authorization was granted or denied1 unless a shorter time is specified in the ,federal law pursuant to which judicial review is allowed4 7c7 ,expedited review ,a reviewing court shall set for expedited consideration any civil action arising under ,federal law seeking judicial review of a final agency action granting or denying an authorization4 7d7 ,remanded actions 7#a7 ,in general ,if the reviewing court remands a final ,federal agency action granting or denying an authorization to the ,federal agency for further proceedings1 whether on a motion by the court1 the agency1 or another party1 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 paragraph 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 paragraph4 7e7 ,treatment of supplemental or revised environmental documents ,for the purpose of subsection 7b71 the preparation of a supplemental or revised environmental document1 when required1 shall be considered to be a separate final agency action4 7f7 ,notice ,not later than #cj 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 7b71 the head of the agency shall notify the project sponsor of the filing of the petition or complaint4 ,,ii ,federal onshore energy leasing and permitting #bja4 ,onshore oil and gas leasing 7a7 ,limitation on issuance of certain leases or rights-of-,way ,section #ejbfe7;b77#a77;,b7 of ,public ,law #aag-afi 7#dc ,u4,s4,c4 #cjjf7;b77#a77;,b77 is amended1 in the matter preceding clause 7i71 by inserting for which expressions of interest have been submitted that have been after sum of total acres4 7b7 ,mineral ,leasing ,act reforms 7#a7 ,expressions of interest for oil and gas leasing ,section #ag7;b7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;b77 is amended by adding at the end the following3 7#c7 ,subdivision 7,a7 ,in general ,a parcel of land included in an expression of interest that the ,secretary of the ,interior offers for lease shall be leased as nominated and not subdivided into multiple parcels unless the ,secretary of the ,interior determines that a subpart of the submitted parcel is not open to oil or gas leasing under the approved resource management plan4 7,b7 ,required reviews ,nothing in this paragraph affects the obligations of the ,secretary of the ,interior to complete requirements and reviews established by other provisions of law before leasing a parcel of land4 7#d7 ,resource management plans 7,a7 ,lease terms and conditions ,a lease issued under this section shall be subject to the terms and conditions of the approved resource management plan4 7,b7 ,effect of leasing decision ,notwithstanding section #aejf4a of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this paragraph71 the ,secretary may conduct a lease sale under an approved resource management plan while amendments to the approved plan are under consideration4 4 7#b7 ,refund of expression of interest fee ,section #ag7q7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7q77 is amended-- 7,a7 by striking ,secretary each place it appears and inserting ,secretary of the ,interior2 7,b7 in paragraph 7#a71 by striking nonrefundable2 and 7,c7 by adding at the end the following3 7#c7 ,refund for nonwinning bid ,if a person other than the person who submitted the expression of interest is the highest responsible qualified bidder for a parcel of land covered by the applicable expression of interest in a lease sale conducted under this section-- 7,a7 as a condition of the issuance of the lease1 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 interest2 and 7,b7 not later than #fj days after the date of the lease sale1 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 paid4 7#d7 ,refundability ,except as provided in paragraph 7#c77;,b71 the fee assessed under paragraph 7#a7 shall be nonrefundable4 4 #bjb4 ,term of application for permit to drill ,section #ag7p7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7p77 is amended by adding at the end the following3 7#d7 ,term 7,a7 ,in general ,a permit to drill approved under this subsection shall be valid for a single non-renewable #d-year period beginning on the date of the approval4 7,b7 ,retroactivity ,in addition to all approved applications for permits to drill submitted on or after the date of enactment of this paragraph1 subparagraph 7,a7 shall apply to-- 7i7 all permits approved during the #b-year period preceding the date of enactment of this paragraph2 and 7ii7 all pending applications for permit to drill submitted prior to the date of enactment of this paragraph4 4 #bjc4 ,permitting compliance on non-,federal land 7a7 ,in general ,notwithstanding the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq471 the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agja et seq471 or subpart #cafb of part #cafj of title #dc1 ,code of ,federal ,regulations 7or successor regulations71 but subject to any applicable ,state or ,tribal requirements and subsection 7c71 the ,secretary of the ,interior shall not require a permit to drill for an oil and gas lease under the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 for an action occurring within an oil and gas drilling or spacing unit if-- 7#a7 the ,federal ,government-- 7,a7 owns less than #ej percent of the minerals within the oil and gas drilling or spacing unit2 and 7,b7 does not own or lease the surface estate within the area directly impacted by the action2 7#b7 the well is located on non-,federal land overlying a non-,federal mineral estate1 but some portion of the wellbore enters and produces from the ,federal mineral estate subject to the lease2 or 7#c7 the well is located on non-,federal land overlying a non-,federal mineral estate1 but some portion of the wellbore traverses but does not produce from the ,federal mineral estate subject to the lease4 7b7 ,notification ,for each ,state permit to drill or drilling plan that would impact or extract oil and gas owned by the ,federal ,government-- 7#a7 each lessee of ,federal minerals in the unit1 or designee of a lessee1 shall-- 7,a7 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 application2 and 7,b7 provide a copy of the application described in subparagraph 7,a7 to the ,secretary of the ,interior not later than #e days after the date on which the permit or plan is submitted2 7#b7 each lessee1 designee of a lessee1 or applicable ,state shall notify the ,secretary of the ,interior of the approved ,state permit to drill or drilling plan not later than #de days after the date on which the permit or plan is approved2 and 7#c7 each lessee or designee of a lessee shall provide1 prior to commencing drilling operations1 agreements authorizing the ,secretary of the ,interior to enter non-,federal land1 as necessary1 for inspection and enforcement of the terms of the ,federal lease4 7c7 ,nonapplicability to ,indian lands ,subsection 7a7 shall not apply to ,indian lands 7as defined in section #c of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agjb774 7d7 ,effect ,nothing in this section affects-- 7#a7 other authorities of the ,secretary of the ,interior under the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agja et seq472 or 7#b7 the amount of royalties due to the ,federal ,government from the production of the ,federal minerals within the oil and gas drilling or spacing unit4 7e7 ,authority on non-,federal land ,section #ag7;g7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;g77 is amended-- 7#a7 by striking the subsection designation and all that follows through ,secretary of the ,interior1 or in the first sentence and inserting the following3 7g7 7#a7 ,the ,secretary of the ,interior1 or 2 and 7#b7 by adding at the end the following3 7#b7 7,a7 ,in the case of an oil and gas lease under this ,act on land described in subparagraph 7,b7 located within an oil and gas drilling or spacing unit1 nothing in this ,act authorizes the ,secretary of the ,interior-- 7i7 to require a bond to protect non-,federal land2 7ii7 to enter non-,federal land without the consent of the applicable landowner2 7iii7 to impose mitigation requirements2 or 7iv7 to require approval for surface reclamation4 7,b7 ,land referred to in subparagraph 7,a7 is land where-- 7i7 the ,federal ,government-- 7,i7 owns less than #ej percent of the minerals within the oil and gas drilling or spacing unit2 and 7,,ii7 does not own or lease the surface estate within the area directly impacted by the action2 7ii7 the well is located on non-,federal land overlying a non-,federal mineral estate1 but some portion of the wellbore enters and produces from the ,federal mineral estate subject to the lease2 or 7iii7 the well is located on non-,federal land overlying a non-,federal mineral estate1 but some portion of the wellbore traverses but does not produce from the ,federal mineral estate subject to the lease4 4 #bjd4 ,coal leases on ,federal land 7a7 ,deadlines 7#a7 ,in general ,section #b7;a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bja7;a77 is amended-- 7,a7 in paragraph 7#a71 in the first sentence1 by striking he shall1 in his discretion1 upon the request of any qualified applicant or on his own motion from time to time and insert the ,secretary shall1 at the discretion of the ,secretary but subject to paragraph 7#f71 on the request of any qualified applicant or on a motion by the ,secretary2 and 7,b7 by adding at the end the following3 7#f7 ,deadlines 7,a7 ,applicant motion ,not later than #ij days after the date on which a request of a qualified applicant is received for a lease sale under paragraph 7#a71 or for a lease modification under section #c1 the ,secretary of the ,interior shall commence all necessary consultations and reviews required under ,federal law in accordance with that paragraph or section1 as applicable4 7,b7 ,decision ,not later than #ij days after the completion of an environmental impact statement or environmental assessment consistent with the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for a lease sale under paragraph 7#a71 or for a lease modification under section #c1 the ,secretary of the ,interior shall issue a record of decision or a finding of no significant impact for the lease sale or lease modification4 7,c7 ,fair market value ,not later than #cj 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 7,b7 for a lease sale under paragraph 7#a71 or for a lease modification under section #c1 the ,secretary shall determine the fair market value of the coal subject to the lease4 4 7#b7 ,lease modifications ,section #c7;b7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bjc7;b77 is amended by striking ,the ,secretary shall prescribe and inserting ,subject to section #b7;a77#f71 the ,secretary shall prescribe4 7b7 ,conforming amendments ,section #b7;a77#a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bja7;a77#a77 is amended-- 7#a7 in the first sentence-- 7,a7 by striking he finds appropriate and inserting the ,secretary of the ,interior finds appropriate2 and 7,b7 by striking he deems appropriate and inserting the ,secretary of the ,interior determines to be appropriate2 7#b7 in the sixth sentence1 by striking ,prior to his determination and inserting ,prior to a determination by the ,secretary of the ,interior2 7#c7 in the seventh sentence-- 7,a7 by striking to make public his judgment and inserting to make public the judgment of the ,secretary of the ,interior2 and 7,b7 by striking comments he receives and inserting comments received by the ,secretary of the ,interior2 and 7#d7 in the eighth sentence1 by striking ,he is hereby authorized and inserting ,the ,secretary of the ,interior is authorized4 7c7 ,technical correction ,section #b7;b77#c7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bja7;b77#c77 is amended1 in the first sentence1 by striking geophyscal and inserting geophysical4 #bje4 ,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;h77 or the ,indian tribe has approved regulations under paragraph 7#a7 of that subsection44 #bjf4 ,accelerating renewable energy permitting 7a7 ,deadline for consideration of applications for rights-of-,way 7#a7 ,completeness of review 7,a7 ,in general ,not later than #cj days after the date on which the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 receives an application for a right-of-way under section #eja of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa7 for an eligible project 7as defined in section #caja of the ,energy ,act of #bjbj 7#dc ,u4,s4,c4 #cjja771 the applicable ,secretary shall-- 7i7 notify the applicant that the application is complete2 or 7ii7 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 complete4 7,b7 ,environmental impact statement ,for an eligible project 7as defined in section #caja of the ,energy ,act of #bjbj 7#dc ,u4,s4,c4 #cjja77 that requires an environmental impact statement for an application submitted under subparagraph 7,a71 the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 shall issue a notice of intent not later than #ij days after the date on which the applicable ,secretary determines that an application is complete under subparagraph 7,a74 7#b7 ,cost recovery and issuance or deferral 7,a7 ,in general ,not later than #cj days after the date on which an applicant submits a complete application for a right-of-way under paragraph 7#a71 the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 shall1 if a cost recovery agreement is required under section #bhjd4ad of title #dc1 ,code of ,federal ,regulations 7or successor regulations71 or section #bea4eh of title #cf1 ,code of ,federal ,regulations 7or successor regulations71 issue a cost recovery agreement4 7,b7 ,decision ,not later than #cj days after the date on which an applicant submits a complete application for a right-of-way under paragraph 7#a71 the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 shall-- 7i7 grant or deny the application1 if the requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and any other applicable law have been completed2 or 7ii7 defer the decision on the application and provide to the applicant notice-- 7,i7 that specifies steps that the applicant can take for the decision on the application to be issued2 and 7,,ii7 of a list of actions that need to be taken by the agency in order to comply with applicable law1 and timelines and deadlines for completing those actions4 7b7 ,low disturbance activities for renewable energy projects 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 to facilitate timely permitting of eligible projects 7as defined in section #caja of the ,energy ,act of #bjbj 7#dc ,u4,s4,c4 #cjja771 the ,secretary of the ,interior and the ,secretary of ,agriculture shall each promulgate regulations for the use of #a or more categorical exclusions under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for low disturbance activities necessary for renewable energy projects4 7#b7 ,activities described ,low disturbance activities referred to in paragraph 7#a7 are the following3 7,a7 ,individual surface disturbances of less than #e acres that have undergone site-specific analysis in a document prepared pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 that has been previously completed4 7,b7 ,activities at a location at which the same type of activity has previously occurred within #e years prior to the date of commencement of the activity4 7,c7 ,activities on previously disturbed or developed 7as defined in section #ajba4daj7;g77#a7 of title #aj1 ,code of ,federal ,regulations 7or successor regulations77 land for which an approved land use plan or any environmental document prepared pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 analyzed such activity as reasonably foreseeable1 so long as such plan or document was approved within #e years prior to the date of the activity4 7,d7 ,the installation1 modification1 operation1 or decommissioning of commercially available energy systems located on a building or other structure 7such as a rooftop1 parking lot1 or facility1 or mounted to signage1 lighting1 gates1 or fences74 7,e7 ,maintenance of a minor activity1 other than any construction or major renovation1 or a building or facility4 7,f7 ,preliminary geotechnical investigations4 7,g7 ,the installation and removal of temporary meteorological stations4 #bjg4 ,improving renewable energy coordination on ,federal land 7a7 ,national goal for renewable energy production on ,federal land 7#a7 ,goal ,not later than #ahj days after the date of enactment of this ,act1 in accordance with section #cajd of the ,energy ,act of #bjbj 7#dc ,u4,s4,c4 #cjjd71 the ,secretary of the ,interior1 in consultation with the ,secretary of ,agriculture and other heads of relevant ,federal agencies1 shall establish a target date for the authorization of not less than #ej gigawatts of renewable energy production on ,federal land by not later than #bjcj4 7#b7 ,periodic goal revision ,section #cajd of the ,energy ,act of #bjbj 7#dc ,u4,s4,c4 #cjjd7 is amended-- 7,a7 in subsection 7a71 by inserting and periodically revise after establish2 and 7,b7 by adding at the end the following3 7c7 ,permitting ,subject to the limitations described in section #ejbfe7;b77#a7 of ,public ,law #aag-afi 7#dc ,u4,s4,c4 #cjjf7;b77#a771 the ,secretary shall1 in consultation with the heads of relevant ,federal agencies1 seek to issue permits that authorize1 in total1 sufficient electricity from eligible projects to meet or exceed the national goals established and revised under this section4 4 7b7 ,definition of eligible project ,paragraph 7#d7 of section #caja of the ,energy ,act of #bjbj 7#dc ,u4,s4,c4 #cjja7 is amended by inserting or store after generate4 7c7 ,renewable energy project review standards ,section #cajb of the ,energy ,act of #bjbj 7#dc ,u4,s4,c4 #cjjb7 is amended-- 7#a7 in subsection 7a71 in the second sentence1 by inserting sufficient to achieve goals for renewable energy production on ,federal land established under section #cajd before the period at the end2 7#b7 by redesignating subsection 7f7 as subsection 7h72 and 7#c7 by inserting after subsection 7e7 the following3 7f7 ,renewable energy project review standards ,not later than #b years after the date of enactment of the ,energy ,permitting ,reform ,act of #bjbd1 for the purpose of encouraging standardized reviews and facilitating the permitting of eligible projects1 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 offices4 7g7 ,clarification of existing authority ,under section #cjg of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agcg71 the ,secretary may accept donations from renewable energy companies to improve community engagement for the permitting of energy projects4 4 7d7 ,savings clause ,nothing in this section1 or an amendment made by this section1 modifies the limitations described in section #ejbfe7;b77#a7 of ,public ,law #aag-afi 7#dc ,u4,s4,c4 #cjjf7;b77#a774 #bjh4 ,geothermal leasing and permitting improvements 7a7 ,preliminary geothermal activities ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall each promulgate regulations for the use of #a or more categorical exclusions under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for individual disturbances of less than #aj acres for activities required to test1 monitor1 calibrate1 explore1 or confirm geothermal resources1 provided those activities do not involve-- 7#a7 the commercial production of geothermal resources2 7#b7 the use of geothermal resources for commercial operations2 or 7#c7 construction of permanent roads4 7b7 ,annual leasing ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 is amended-- 7#a7 in paragraph 7#b71 by striking every #b years and inserting per year2 and 7#b7 by adding at the end the following3 7#e7 ,replacement sales ,if a lease sale under this section for a year is cancelled or delayed1 the ,secretary shall conduct a replacement sale not later than #ahj days after the date of the cancellation or delay1 as applicable1 and the replacement sale may not be cancelled or delayed4 4 7c7 ,deadlines for consideration of geothermal drilling permits ,section #d of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7 is amended by adding at the end the following3 7h7 ,deadlines for consideration of geothermal drilling permits 7#a7 ,in general ,not later than #aj days after the date on which the ,secretary receives an application for any geothermal drilling permit1 the ,secretary shall-- 7,a7 provide written notice to the applicant that the application is complete2 or 7,b7 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 complete4 7#b7 ,decision ,not later than #cj days after the date on which an applicant submits a complete application for a geothermal drilling permit under paragraph 7#a71 the ,secretary shall-- 7,a7 grant or deny the application1 if the requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and any other applicable law have been completed2 or 7,b7 defer the decision on the application and provide to the applicant notice-- 7i7 that specifies steps that the applicant can take for the decision on the application to be issued2 and 7ii7 of a list of actions that need to be taken by the agency in order to comply with applicable law1 and timelines and deadlines for completing those actions4 4 7d7 ,cost recovery authority ,section #bd of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajbc7 is amended-- 7#a7 by striking the section designation and all that follows through ,the ,secretary and inserting the following3 #bd4 ,rules and regulations ,the ,secretary 2 and 7#b7 by adding at the end the following3 ,the ,secretary shall1 not later than #ahj days after the date of enactment of the ,energy ,permitting ,reform ,act of #bjbd1 promulgate rules for cost recovery1 to be paid by permit applicants or lessees1 to facilitate the timely coordination and processing of leases1 permits1 and authorizations and to reimburse the ,secretary for all reasonable administrative costs incurred from the inspection and monitoring of activities thereunder44 7e7 ,federal permitting process ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,interior shall promulgate regulations and establish a ,federal permitting process to allow for simultaneous1 concurrent consideration of multiple phases of a geothermal project1 including-- 7#a7 surface exploration2 7#b7 geophysical exploration2 7#c7 drilling2 and 7#d7 power plant construction4 7f7 ,geothermal production parity ,section #cij of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeidb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 7,,nepa7 and inserting 7#db ,u4,s4,c4 #dcba et seq47 7referred to in this section as ,,nepa72 7,b7 by inserting 7#cj ,u4,s4,c4 #aha et seq47 after ,mineral ,leasing ,act2 and 7,c7 by inserting 1 or the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq47 for the purpose of exploration or development of geothermal resources before the period at the end2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking oil or gas and inserting oil1 gas1 or geothermal resources2 and 7,b7 in paragraph 7#c71 by striking oil or gas and inserting oil1 gas1 or geothermal resources4 7g7 ,geothermal ombudsman 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of the ,interior shall appoint within the ,bureau of ,land ,management a ,geothermal ,ombudsman4 7#b7 ,duties ,the ,geothermal ,ombudsman appointed under paragraph 7#a7 shall-- 7,a7 act as a liaison between the individual field offices of the ,bureau of ,land ,management and the ,director of the ,bureau of ,land ,management2 7,b7 provide dispute resolution services between the individual field offices of the ,bureau of ,land ,management and applicants for geothermal resource permits2 7,c7 monitor and facilitate permit processing practices and timelines across individual field offices of the ,bureau of ,land ,management2 7,d7 develop best practices for the permitting and leasing process for geothermal resources2 and 7,e7 coordinate with the ,federal ,permitting ,improvement ,steering ,council4 7#c7 ,report ,the ,geothermal ,ombudsman shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives an annual report that describes the activities of the ,geothermal ,ombudsman and evaluates the effectiveness of geothermal permit processing during the preceding #a-year period4 #bji4 ,electric grid projects 7a7 ,definition of previously disturbed or developed ,in this section1 the term previously disturbed or developed has the meaning given the term in section #ajba4daj7;g77#a7 of title #aj1 ,code of ,federal ,regulations 7or successor regulations74 7b7 ,rulemaking ,not later than #ahj days after the date of enactment of this ,act1 to facilitate timely permitting1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall each promulgate regulations for the use of #a or more categorical exclusions under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for the following activities3 7#a7 ,placement of an electric transmission or distribution facility in an approved right-of-way corridor1 if the corridor was approved during the #e-year period ending on the date of placement of the facility4 7#b7 ,any repair1 maintenance1 replacement1 upgrade1 modification1 optimization1 or minor relocation of1 or addition to1 an existing electric transmission or distribution facility or associated infrastructure within an existing right-of-way or on otherwise previously disturbed or developed land1 including reconductoring and installation of grid-enhancing technologies4 7#c7 ,construction1 operation1 upgrade1 or decommissioning of a battery or other energy storage technology on previously disturbed or developed land4 #baj4 ,hardrock mining mill sites 7a7 ,multiple mill sites ,section #bccg of the ,revised ,statutes 7#cj ,u4,s4,c4 #db7 is amended by adding at the end the following3 7c7 ,additional mill sites 7#a7 ,definitions ,in this subsection3 7,a7 ,mill site ,the term mill site means a location of public land that is reasonably necessary for waste rock or tailings disposal or other operations reasonably incident to mineral development on1 or production from land included in a plan of operations4 7,b7 ,operations2 ,operator ,the terms operations and operator have the meanings given those terms in section #chji4e of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection74 7,c7 ,plan of operations ,the term plan of operations means a plan of operations that an operator must submit and the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 must approve before an operator may begin operations1 in accordance with1 as applicable-- 7i7 subpart #chji of title #dc1 ,code of ,federal ,regulations 7or successor regulations establishing application and approval requirements72 and 7ii7 part #bbh of title #cf1 ,code of ,federal ,regulations 7or successor regulations establishing application and approval requirements74 7,d7 ,public land ,the term public land means land owned by the ,united ,states that is open to location under sections #bcai through #bcdd of the ,revised ,statutes 7#cj ,u4,s4,c4 #bb et seq471 including-- 7i7 land that is mineral-in-character 7as defined in section #chcj4e of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection772 7ii7 nonmineral land 7as defined in section #chcj4e of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection772 and 7iii7 land where the mineral character has not been determined4 7#b7 ,in general ,notwithstanding subsections 7a7 and 7b71 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 operations1 the proprietor may-- 7,a7 locate and include within the plan of operations as many mill site claims under this subsection as are reasonably necessary for its operations2 and 7,b7 use or occupy public land in accordance with an approved plan of operations4 7#c7 ,mill sites convey no mineral rights ,a mill site under this subsection does not convey mineral rights to the locator4 7#d7 ,size of mill sites ,a location of a single mill site under this subsection shall not exceed #e acres4 7#e7 ,mill site and lode or placer claims on same tracts of public land ,a mill site may be located under this subsection on a tract of public land on which the claimant or operator maintains a previously located lode or placer claim4 7#f7 ,effect on mining claims ,the location of a mill site under this subsection shall not affect the validity of any lode or placer claim1 or any rights associated with such a claim4 7#g7 ,patenting ,a mill site under this section shall not be eligible for patenting4 7#h7 ,savings provisions ,nothing in this subsection-- 7,a7 diminishes any right 7including a right of entry1 use1 or occupancy7 of a claimant2 7,b7 creates or increases any right 7including a right of exploration1 entry1 use1 or occupancy7 of a claimant on land that is not open to location under the general mining laws2 7,c7 modifies any provision of law or any prior administrative action withdrawing land from location or entry2 7,d7 limits the right of the ,federal ,government to regulate mining and mining-related activities 7including requiring claim validity examinations to establish the discovery of a valuable mineral deposit7 in areas withdrawn from mining1 including under-- 7i7 the general mining laws2 7ii7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7iii7 the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq472 7iv7 sections #ajjgca through #ajjgcg of title #ed1 ,united ,states ,code2 7v7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7vi7 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7commonly referred to as the #8,national ,historic ,preservation ,act'72 or 7vii7 section #d of the ,act of ,july #bc1 #aiee 7commonly known as the ,surface ,resources ,act of #aiee7 7#fi ,stat4 #cfh1 chapter #cge2 #cj ,u4,s4,c4 #fab72 7,e7 restores any right 7including a right of entry1 use1 or occupancy1 or right to conduct operations7 of a claimant that-- 7i7 existed prior to the date on which the land was closed to1 or withdrawn from1 location under the general mining laws2 and 7ii7 that has been extinguished by such closure or withdrawal2 or 7,f7 modifies section #djd of division ,e of the ,consolidated ,appropriations ,act1 #bjbd 7,public ,law #aah-db74 4 7b7 ,abandoned hardrock mine fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a separate account1 to be known as the ,abandoned ,hardrock ,mine ,fund 7referred to in this subsection as the ,fund74 7#b7 ,source of deposits ,any amounts collected by the ,secretary of the ,interior pursuant to the claim maintenance fee under section #ajaja7;a77#a7 of the ,omnibus ,budget ,reconciliation ,act of #aiic 7#cj ,u4,s4,c4 #bh;f7a77#a77 on mill sites located under subsection 7c7 of section #bccg of the ,revised ,statutes 7#cj ,u4,s4,c4 #db7 shall be deposited into the ,fund4 7#c7 ,use ,the ,secretary of the ,interior may make expenditures from amounts available in the ,fund1 without further appropriations1 only to carry out section #djgjd of the ,infrastructure ,investment and ,jobs ,act 7#cj ,u4,s4,c4 #abde74 7#d7 ,allocation of funds ,amounts made available under paragraph 7#c7-- 7,a7 shall be allocated in accordance with section #djgjd7;e77#a7 of the ,infrastructure ,investment and ,jobs ,act 7#cj ,u4,s4,c4 #abde7;e77#a772 and 7,b7 may be transferred in accordance with section #djgjd7;e77#b7 of that ,act 7#cj ,u4,s4,c4 #abde7;e77#b774 7c7 ,clerical amendments ,section #ajaja of the ,omnibus ,budget ,reconciliation ,act of #aiic 7#cj ,u4,s4,c4 #bh;f7 is amended-- 7#a7 by striking the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh-bh;e7 each place it appears and inserting sections #bcai through #bcdd of the ,revised ,statutes 7#cj ,u4,s4,c4 #bb et seq472 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in the second sentence1 by striking ,such claim maintenance fee and inserting the following3 7,b7 ,fee ,the claim maintenance fee under subparagraph 7,a7 2 and 7ii7 in the first sentence1 by striking ,the holder of and inserting the following3 7,a7 ,in general ,the holder of 2 and 7,b7 in paragraph 7#b7-- 7i7 in the second sentence1 by striking ,such claim maintenance fee and inserting the following3 7,b7 ,fee ,the claim maintenance fee under subparagraph 7,a7 2 and 7ii7 in the first sentence1 by striking ,the holder of and inserting the following3 7,a7 ,in general ,the holder of 2 and 7#c7 in subsection 7b7-- 7,a7 in the second sentence1 by striking ,the location fee and inserting the following3 7#b7 ,fee ,the location fee 2 and 7,b7 in the first sentence1 by striking ,the claim main tenance fee and inserting the following3 7#a7 ,in general ,the claim maintenance fee 4 ,,iii ,federal offshore energy leasing and permitting #cja4 ,offshore oil and gas leasing 7a7 ,requirement ,notwithstanding the #bjbd-bjbi ,national ,outer ,continental ,shelf ,oil and ,gas ,leasing ,program 7and any successor leasing program that does not satisfy the requirements of this section71 the ,secretary of the ,interior 7referred to in this title as the ,secretary7 shall conduct not less than #a oil and gas lease sale in each of calendar years #bjbe through #bjbi1 each of which shall be conducted not later than ,august #ca of the applicable calendar year4 7b7 ,terms and conditions ,the ,secretary shall-- 7#a7 conduct offshore oil and gas lease sales of sufficient acreage to meet the conditions described in section #ejbfe7;b77#b7 of ,public ,law #aag-afi 7#dc ,u4,s4,c4 #cjjf7;b77#b772 7#b7 with respect to an oil and gas lease sale conducted under subsection 7a71 offer the same lease form1 lease terms1 economic conditions1 and stipulations as contained in the revised final notice of sale entitled ,gulf of ,mexico ,outer ,continental ,shelf ,oil and ,gas ,lease ,sale #bfa 7#hh ,fed4 ,reg4 #hjgej 7,november #bj1 #bjbc772 and 7#c7 if any acceptable bids have been received for any tract offered in an oil and gas lease sale conducted under subsection 7a71 issue such leases not later than #ij days after the lease sale to the highest bids on the tracts offered1 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 #bjaf1 with ,central ,gulf of ,mexico ,sale #bda and ,eastern ,gulf of ,mexico ,sale #bbf4 #cjb4 ,offshore wind energy 7a7 ,offshore wind lease sale requirement ,effective on the date of enactment of this ,act1 the ,secretary shall-- 7#a7 subject to the limitations described in section #ejbfe7;b77#b7 of ,public ,law #aag-afi 7#dc ,u4,s4,c4 #cjjf7;b77#b771 conduct not less than #a offshore wind lease sale in each of calendar years #bjbe through #bjbi1 each of which shall be conducted not later than ,august #ca of the applicable calendar year2 and 7#b7 if any acceptable bids have been received for a tract offered in the lease sale1 as determined by the ,secretary1 issue such leases not later than #ij days after the lease sale to the highest bidder on the offered tract4 7b7 ,area offered for leasing 7#a7 ,total acres for lease ,subject to paragraph 7#b71 the ,secretary shall offer for offshore wind leasing a sum total of not less than #djj1jjj acres per calendar year4 7#b7 ,minimum acreage ,an offshore wind lease issued by the ,secretary that is less than #hj1jjj acres shall not be counted toward the acreage requirement under paragraph 7#a74 7c7 ,production goal for offshore wind energy 7#a7 ,initial goal ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish an initial target date for an offshore wind energy production goal of #cj gigawatts4 7#b7 ,periodic goal revision ,the ,secretary shall1 in consultation with the heads of other relevant ,federal agencies1 periodically revise national goals for offshore wind energy production on the outer ,continental ,shelf as initially established under paragraph 7#a74 7d7 ,outer ,continental ,shelf ,lands ,act ,section #h7p7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77 is amended-- 7#a7 by striking paragraph 7#aj7 and inserting the following3 7#aj7 ,applicability 7,a7 ,in general ,except as provided in subparagraph 7,b71 this subsection does not apply to any area on the outer ,continental ,shelf within the exterior boundaries of any unit of the ,national ,park ,system1 the ,national ,wildlife ,refuge ,system1 the ,national ,marine ,sanctuary ,system1 or any ,national ,monument4 7,b7 ,exception ,notwithstanding subparagraph 7,a71 the ,secretary1 in consultation with the ,secretary of ,commerce under section #cjd7;d7 of the ,national ,marine ,sanctuaries ,act 7#af ,u4,s4,c4 #adcd7;d771 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 energy4 2 and 7#b7 by adding at the end the following3 7#aa7 ,duration of permits in marine sanctuaries ,notwithstanding section #caj7;c77#b7 of the ,national ,marine ,sanctuaries ,act 7#af ,u4,s4,c4 #adda7;c77#b771 any permit or authorization granted under that ,act that authorizes the installation1 operation1 or maintenance of electric transmission cables on a right-of-way granted by the ,secretary described in paragraph 7#aj77;,b7 shall be issued for a term equal to the duration of the right-of-way granted by the ,secretary4 4 7e7 ,savings clause ,nothing in this section1 or an amendment made by this section1 modifies the limitations described in section #ejbfe7;b77#b7 of ,public ,law #aag-afi 7#dc ,u4,s4,c4 #cjjf7;b77#b774 ,,iv ,electric transmission #dja4 ,transmission permitting 7a7 ,definitions ,section #baf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7 is amended by striking subsection 7a7 and inserting the following3 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,improved reliability ,the term improved reliability has the meaning given the term in section #bbe7;a74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#d7 ,transmission planning region ,the term transmission planning region has the meaning given the term in section #bbe7;a74 4 7b7 ,construction permit ,section #baf7;b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7b77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,except and all that follows through finds that and inserting ,except as provided in subsections 7d77#a7 and 7i71 the ,commission may1 after notice and an opportunity for hearing1 issue one or more permits for the construction or modification of electric transmission facilities necessary in the national interest if the ,commission finds that2 7#b7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a77i71 by inserting or modification after siting2 and 7,b7 in subparagraph 7,c7-- 7i7 in the matter preceding clause 7i71 by inserting or modification after siting2 and 7ii7 in clause 7i71 by striking the later of in the matter preceding subclause 7,i7 and all that follows through the semicolon at the end of subclause 7,,ii7 and inserting the date on which the application was filed with the ,state commission or other entity22 and 7#c7 by striking paragraphs 7#b7 through 7#f7 and inserting the following3 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 significantly reduce transmission congestion in interstate commerce1 protect or benefit consumers1 and provide improved reliability2 7#e7 the proposed construction or modification is consistent with sound national energy policy and will enhance energy independence2 7#f7 the electric transmission facilities are capable of transmitting electric energy at a voltage of not less than #ajj kilovolts or1 in the case of facilities that include advanced transmission conductors 7including superconductors71 as defined by the ,commission1 voltages determined to be appropriate by the ,commission2 and 7#g7 the proposed modification 7including reconductoring7 will maximize1 to the extent reasonable and economical1 the transmission capabilities of existing towers1 structures1 or rights-of-way4 4 7c7 ,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 persons1 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 7d7 ,rights-of-,way ,section #baf7;e77#c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7e77#c77 is amended by striking shall conform and all that follows through the period at the end and inserting shall be in accordance with rule #ga4a of the ,federal ,rules of ,civil ,procedure44 7e7 ,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#f7 and1 if applicable1 7#g7 of subsection 7b7 shall file a tariff or tariff revision with the ,commission pursuant to section #bje and the regulations of the ,commission allocating the costs of the new or modified transmission facilities4 7#b7 ,transmission benefits ,the ,commission shall require that tariffs or tariff revisions filed under this subsection are just and reasonable and allocate the costs of providing service to customers that benefit1 in accordance with the cost-causation principle1 including through-- 7,a7 improved reliability2 7,b7 reduced congestion2 7,c7 reduced power losses2 7,d7 greater carrying capacity2 7,e7 reduced operating reserve requirements2 and 7,f7 improved access to lower cost generation that achieves reductions in the cost of delivered power4 7#c7 ,ratepayer protection ,customers that receive no benefit1 or benefits that are trivial in relation to the costs sought to be allocated1 from electric transmission facilities constructed or modified under this section shall not be involuntarily allocated any of the costs of those transmission facilities4 4 7#b7 ,savings provision ,if the ,federal ,energy ,regulatory ,commission finds that the considerations under paragraphs 7#b7 through 7#f7 and1 if applicable1 7#g7 of subsection 7b7 of section #baf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7 7as amended by subsection 7b77 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 7f7 ,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 7b7 and section #bbe2 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 ,energy ,permitting ,reform ,act of #bjbd2 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 ,energy ,permitting ,reform ,act of #bjbd4 7g7 ,interstate compacts ,section #baf7;i7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7i77 is amended-- 7#a7 in paragraph 7#c71 by striking 1 including facilities in national interest electric transmission corridors2 and 7#b7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a71 by striking 2 and and inserting a period2 7,b7 by striking subparagraph 7,b72 and 7,c7 by striking in disagreement in the matter preceding subparagraph 7,a7 and all that follows through 7,a7 the in subparagraph 7,a7 and inserting unable to reach an agreement on an application seeking approval by the4 7h7 ,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 #baf or #bbe4 4 7i7 ,jurisdiction ,section #baf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7 is amended by striking subsection 7k7 and inserting the following3 7k7 ,jurisdiction 7#a7 ,,ercot ,this section shall not apply within the area referred to in section #bab7k77#b77;,a74 7#b7 ,other utilities ,for the purposes of this section1 the ,commission shall have jurisdiction over all transmitting utilities1 including transmitting utilities described in section #bja7;f71 but excluding any ,,ercot utility 7as defined in section #bab7k77#b77;,b774 4 7j7 ,conforming amendments 7#a7 ,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 under section #baf7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7a77 and inserting facilities in a geographic area identified under section #bbd of the ,federal ,power ,act4 7#b7 ,section #abbb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afdba7 is amended-- 7,a7 in subsection 7a77#a77;,a71 by striking in a national interest electric transmission corridor designated under section #baf7;a7 and inserting in a geographic area identified under section #bbd2 and 7,b7 in subsection 7b77#a77;,a71 by striking in an area designated under section #baf7;a7 and inserting in a geographic area identified under section #bbd4 7#c7 ,section #djajf7;h77#a77;,a7 of the ,infrastructure ,investment and ,jobs ,act 7#db ,u4,s4,c4 #ahgac7;h77#a77;,a77 is amended by striking in an area designated as a national interest electric transmission corridor pursuant to section #baf7;a7 of the ,federal ,power ,act #af ,u4,s4,c4 #hbdp7a7 and inserting in a geographic area identified under section #bbd of the ,federal ,power ,act4 7k7 ,savings provision ,nothing in this section or an amendment made by this section grants authority to the ,federal ,energy ,regulatory ,commission under the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq47 over sales of electric energy at retail or the local distribution of electricity4 #djb4 ,transmission planning 7a7 ,in general ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is amended by adding at the end the following3 #bbd4 ,transmission study 7a7 ,in general ,not later than #a year after the date of enactment of this section and every #c years thereafter1 the ,secretary of ,energy 7referred to in this section as the ,secretary71 in consultation with affected ,states and ,indian ,tribes1 shall conduct a study of electric transmission capacity constraints and congestion4 7b7 ,report ,not less frequently than once every #c years1 the ,secretary1 after considering alternatives and recommendations from interested parties 7including an opportunity for comment from affected ,states and ,indian ,tribes71 shall issue a report1 based on the study under subsection 7a7 or other information relating to electric transmission capacity constraints and congestion1 which may identify any geographic area that-- 7#a7 is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers2 or 7#b7 is expected to experience such energy transmission capacity constraints or congestion4 7c7 ,consultation ,not less frequently than once every #c years1 the ,secretary1 in conducting the study under subsection 7a7 and issuing the report under subsection 7b71 shall consult with affected transmission planning regions 7as defined in section #bbe7;a77 and any appropriate regional entity referred to in section #bae4 #bbe4 ,planning for transmission facilities that enhance grid reliability1 affordability1 and resilience 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,,ero ,the term ,,ero has the meaning given the term in section #bae7;a74 7#c7 ,improved reliability ,the term improved reliability means that1 on balance1 considering each of the matters described in subparagraphs 7,a7 through 7,d71 reliability is improved in a material manner that benefits customers through at least one of the following3 7,a7 facilitating compliance with a mandatory standard for reliability approved by the ,commission under section #bae2 7,b7 a reduction in expected unserved energy1 loss of load hours1 or loss of load probability 7as defined by the ,,ero72 7,c7 facilitating compliance with a tariff requirement or process for resource adequacy on file with the ,commission2 and 7,d7 any other similar material improvement1 including a reduction in correlated outage risk1 such as achieved through increased geographic or resource diversification4 7#d7 ,interregional transmission facility ,the term interregional transmission facility means a transmission facility that-- 7,a7 is located within #b or more neighboring transmission planning regions2 or 7,b7 significantly impacts the ability of #a or more transmission planning regions to transmit electric energy among neighboring transmission planning regions4 7#e7 ,transmission planning region 7,a7 ,in general ,the term transmission planning region-- 7i7 when used in a geographical sense1 means a region for which the ,commission determines that electric transmission planning is appropriate1 such as a region established in accordance with ,order ,no4 #ajjj of the ,commission1 entitled ,transmission ,planning and ,cost ,allocation by ,transmission ,owning and ,operating ,public ,utilities 7#gf ,fed4 ,reg4 #dihdb 7,august #aa1 #bjaa772 and 7ii7 when used in a corporate sense1 means the ,transmission ,organization or other entity responsible for planning or operating electric transmission facilities within a region described in clause 7i74 7,b7 ,exclusion ,the term transmission planning region does not include the ,electric ,reliability ,council of ,texas or the region served by members of the ,electric ,reliability ,council of ,texas4 7b7 ,jurisdiction 7#a7 ,,ercot ,this section shall not apply within the area referred to in section #bab7k77#b77;,a74 7#b7 ,other utilities ,for the purposes of this section1 the ,commission shall have jurisdiction over all transmitting utilities1 including transmitting utilities described in section #bja7;f71 but excluding any ,,ercot utility 7as defined in section #bab7k77#b77;,b774 7c7 ,rulemaking requirement ,not later than #ahj days after the date of enactment of this section1 the ,commission shall1 consistent with the requirements of this section1 by rule-- 7#a7 require neighboring transmission planning regions to jointly plan with each other2 7#b7 require each transmission planning region to submit to the ,commission for approval a joint interregional transmission plan with each of its neighboring transmission planning regions1 which requirement may1 at the discretion of the transmission planning region1 be satisfied through the submission of-- 7,a7 a separate joint interregional transmission plan with each of its neighboring transmission planning regions2 or 7,b7 #a or more joint interregional transmission plans1 any of which may be submitted with any #a or more of its neighboring transmission planning regions2 and 7#c7 establish rate treatments for interregional transmission planning and cost allocation4 7d7 ,plan elements ,the ,commission shall require1 within the rule under subsection 7c71 that joint interregional transmission plans contain the following elements3 7#a7 ,compatibility ,a common set of input assumptions and models1 on a consistent timeline1 that-- 7,a7 allow for the joint identification and selection1 by transmission planning regions1 of specific interregional transmission facilities for construction or modification1 including through the use of advanced transmission conductors 7including superconductors7 and reconductoring2 7,b7 consider1 to the extent reasonable and economical1 modifications that maximize the transmission capabilities of existing towers1 structures1 or rights-of-way2 and 7,c7 consider existing transmission plans4 7#b7 ,transmission benefits ,a common set of benefits for interregional transmission planning and cost allocation1 including-- 7,a7 improved reliability2 7,b7 reduced congestion2 7,c7 reduced power losses2 7,d7 greater carrying capacity2 7,e7 reduced operating reserve requirements2 and 7,f7 improved access to lower cost generation that achieves reductions in the cost of delivered power4 7#c7 ,selection criteria ,criteria governing the selection by transmission planning regions1 for construction or modification1 of interregional transmission facilities that-- 7,a7 provide improved reliability2 7,b7 protect or benefit consumers2 and 7,c7 are consistent with the public interest4 7e7 ,deadline2 updates ,the joint interregional transmission plans required to be submitted to the ,commission pursuant to the rule under subsection 7c7 shall be-- 7#a7 submitted to the ,commission not later than #b years after the date of enactment of this section2 and 7#b7 updated not less frequently than once every #d years4 7f7 ,commission review ,the ,commission shall-- 7#a7 review each joint interregional transmission plan submitted pursuant to the rule under subsection 7c72 and 7#b7 approve the joint interregional transmission plan if the ,commission finds that the plan-- 7,a7 meets the requirements of subsection 7d72 7,b7 allocates costs in accordance with subsection 7g72 7,c7 ensures that all rates1 charges1 terms1 and conditions will be just and reasonable and not unduly discriminatory or preferential2 and 7,d7 is consistent with the public interest4 7g7 ,cost allocation 7#a7 ,transmission tariffs ,for the purposes of this section1 any transmitting utility that owns1 controls1 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 #bje and the regulations of the ,commission allocating the costs of the new or modified transmission facilities4 7#b7 ,requirement ,the ,commission shall require that tariffs or tariff revisions filed under this section are just and reasonable and allocate the costs of providing service to customers that benefit1 in accordance with the cost-causation principle1 including through the benefits described in subsection 7d77#b74 7#c7 ,ratepayer protection ,customers that receive no benefit1 or benefits that are trivial in relation to the costs sought to be allocated1 from electric transmission facilities constructed or modified under this section shall not be involuntarily allocated any of the costs of those transmission facilities4 7h7 ,construction ,permit ,for the purposes of obtaining a construction permit under section #baf7;b71 a project that is selected by transmission planning regions pursuant to a joint interregional transmission plan shall be considered to satisfy paragraphs 7#b7 through 7#f7 and1 if applicable1 7#g7 of that section4 7i7 ,dispute ,resolution ,in the event of a dispute between transmission planning regions with respect to a material element of a joint interregional transmission plan-- 7#a7 the transmission planning regions shall submit to the ,commission their respective proposals for resolving the material element in dispute for resolution2 and 7#b7 not later than #fj days after the proposals are submitted under paragraph 7#a71 the ,commission shall issue an order directing a resolution to the dispute4 7j7 ,failure ,to ,submit ,plan ,in the event that neighboring transmission planning regions fail to submit to the ,commission a joint interregional transmission plan under this section1 the ,commission shall1 as the ,commission determines to be appropriate-- 7#a7 grant a request to extend the time for submission of the joint interregional transmission plan2 or 7#b7 require1 by order1 the transmitting utilities within the affected transmission planning regions to comply with a joint interregional transmission plan approved by the ,commission-- 7,a7 based on the record of the planning process conducted by the affected transmission planning regions2 and 7,b7 in accordance with the cost allocation provisions in subsection 7g74 7k7 ,,nepa ,for purposes of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47-- 7#a7 any approval of a joint interregional transmission plan under subsection 7f7 or 7j7 or order directing resolution of a dispute under subsection 7i7 shall not be considered a major ,federal action2 and 7#b7 any permit granted under section #baf7;b7 for a project that is selected by transmission planning regions pursuant to a joint interregional transmission plan shall be considered a major ,federal action4 7l7 ,savings provision ,except as expressly provided in this section1 nothing in this section shall be construed as conferring1 limiting1 or impairing any authority of the ,commission under any other provision of law4 4 7b7 ,conforming amendments ,section #bja of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 in the first sentence1 by striking and #bbb and inserting #bbb1 and #bbe2 and 7,b7 in the second sentence1 by striking or #bbb and inserting #bbb1 or #bbe2 and 7#b7 in subsection 7e7-- 7,a7 by striking #bjf7;f712 and 7,b7 by striking or #bbb and inserting #bbb1 or #bbe4 7c7 ,savings provision ,nothing in this section or an amendment made by this section grants authority to the ,federal ,energy ,regulatory ,commission under the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq47 over sales of electric energy at retail or the local distribution of electricity4 ,v ,electric reliability #eja4 ,reliability assessments ,section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7 is amended by striking subsection 7g7 and inserting the following3 7g7 ,reliability reports 7#a7 ,periodic assessments ,the ,,ero shall conduct periodic assessments of the reliability and adequacy of the bulk-power system in ,north ,america4 7#b7 ,reliability assessments for regulations 7,a7 ,whenever the ,commission determines1 on its own motion or on request from another ,federal agency1 an affected transmission organization1 or any ,state commission1 that a rule1 regulation1 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 ,commission1 the ,commission shall require1 by order1 the ,,ero to assess and report on the effects of the proposed rule1 regulation1 or standard on the reliable operation of the bulk-power system4 7,b7 ,an ,,ero reliability assessment ordered under subparagraph 7,a7 shall-- 7i7 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 rule1 regulation1 or standard2 7ii7 account for mitigations that will be available under existing rules1 regulations1 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 rule1 regulation1 or standard2 and 7iii7 take into account the technical views of affected transmission organizations regarding effects on the reliable operation of the bulk-power system from the proposed rule1 regulation1 or standard4 7,c7 ,the ,,ero shall-- 7i7 submit the report required under subparagraph 7,a7 to the public docket of the ,federal agency proposing the rule1 regulation1 or standard1 and1 if practicable1 make such submission within the time period established by such ,federal agency for submission of public comments on the proposed rule1 regulation1 or standard2 7ii7 submit such report to the ,commission2 and 7iii7 publish such report in a publicly available format4 7,d7 ,this paragraph shall apply to proposed rules1 regulations1 or standards pending on1 or proposed on or after1 the date of enactment of this paragraph4 4 ,,vi ,liquefied natural gas exports #fja4 ,action on applications ,section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 is amended-- 7#a7 in subsection 7e77#c77;,a71 by inserting and subsection 7g7 after subparagraph 7,b72 and 7#b7 by adding at the end the following3 7g7 ,deadline ,to act on certain export applications 7#a7 ,in general ,the ,commission shall grant or deny an application under subsection 7a7 to export to a foreign country any natural gas from the ,united ,states not later than #ij days after the later of-- 7,a7 the date on which the notice of availability for each final review required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for the exporting facility is published with respect to an application-- 7i7 under subsection 7e72 or 7ii7 for a license for the ownership1 construction1 or operation of a deepwater port1 under section #d of the ,deepwater ,port ,act of #aigd 7#cc ,u4,s4,c4 #aejc72 and 7,b7 the date of enactment of this subsection4 7#b7 ,applications to re-export ,the ,commission shall grant or deny an application under subsection 7a7 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 ,mexico1 or the territorial waters of ,canada or ,mexico1 not later than #ij days after the later of-- 7,a7 the date on which the notice of availability for each draft review required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for the application is published2 and 7,b7 the date of enactment of this subsection4 7#c7 ,applications for extensions ,the ,commission shall grant or deny an application for an extension of a previously issued authorization to export natural gas described in paragraph 7#a7 or 7#b7 not later than #ij days after the later of-- 7,a7 the date the application for extension is received by the ,commission2 and 7,b7 the date of enactment of this subsection4 7#d7 ,failure to act ,if the ,commission fails to grant or deny an application subject to this subsection by the applicable date required by this subsection1 the application shall be considered to be granted and a final agency order4 4 #fjb4 ,supplemental reviews 7a7 ,definitions ,in this section3 7#a7 #bjah ,,lng ,export ,study ,the term #bjah ,,lng ,export ,study means the report entitled ,macroeconomic ,outcomes of ,market ,determined ,levels of ,u4,s4 ,,lng ,exports1 prepared by ,,nera ,economic ,consulting for the ,national ,energy ,technology ,laboratory of the ,department of ,energy1 published ,june #g1 #bjah4 7#b7 #bjai ,life ,cycle ,,ghg ,review ,the term #bjai ,life ,cycle ,,ghg ,review means the report entitled ,life ,cycle ,greenhouse ,gas ,perspective on ,exporting ,liquefied ,natural ,gas from the ,united ,states1 prepared by ,s4 ,roman-,white1 ,s4 ,rai1 ,j4 ,littlefield1 ,g4 ,cooney1 and ,t4 ,j4 ,skone for the ,national ,energy ,technology ,laboratory of the ,department of ,energy1 published ,september #ab1 #bjai4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#d7 ,supplemental greenhouse gas review ,the term supplemental greenhouse gas review means a review prepared or commissioned by the ,department of ,energy and published after ,january #bf1 #bjbd1 that analyzes the life cycle greenhouse gas emissions of liquefied natural gas exports from the ,united ,states1 including consideration of the modeling parameters used in the #bjai ,life ,cycle ,,ghg ,review4 7#e7 ,supplemental macroeconomic review ,the term supplemental macroeconomic review means a review prepared or commissioned by the ,department of ,energy and published after ,january #bf1 #bjbd1 that analyzes the macroeconomic outcomes of different levels of liquefied natural gas exports from the ,united ,states1 including consideration of the natural gas market factors and macroeconomic factors analyzed in the #bjah ,,lng ,export ,study4 7#f7 ,supplemental review ,the term supplemental review means a supplemental greenhouse gas review or a supplemental macroeconomic review4 7b7 ,requirements for supplemental reviews 7#a7 ,notice and comment on proposed supplemental reviews ,before finalizing a supplemental review1 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 #eec of title #e1 ,united ,states ,code4 7#b7 ,quality of supplemental reviews ,a supplemental review shall be subject to a peer review process consistent with the final bulletin of the ,office of ,management and ,budget entitled ,final ,information ,quality ,bulletin for ,peer ,review 7#gj ,fed4 ,reg4 #bffd 7,january #ad1 #bjje77 7or successor guidance74 7#c7 ,pending applications ,for a review of an application to grant1 deny1 or extend an order under section #c7;a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7a77 to export to a foreign country any natural gas from an ,,lng terminal in the ,united ,states or from a facility subject to section #d of the ,deepwater ,port ,act of #aigd 7#cc ,u4,s4,c4 #aejc71 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 ,mexico1 or the territorial waters of ,canada or ,mexico1 the ,secretary shall base any evaluation of-- 7,a7 macroeconomic outcomes on the results of the #bjah ,,lng ,export ,study1 or predecessor documents1 unless and until the ,secretary finalizes and implements a supplemental macroeconomic review2 and 7,b7 life cycle greenhouse gas emissions on the results of the #bjai ,life ,cycle ,,ghg ,review1 or predecessor documents1 unless and until the ,secretary finalizes and implements a supplemental greenhouse gas review4 ,,vii ,hydropower #gja4 ,hydropower license extensions 7a7 ,definition of covered project ,in this section1 the term covered project means a hydropower project with respect to which the ,federal ,energy ,regulatory ,commission issued a license before ,march #ac1 #bjbj4 7b7 ,authorization of extension ,notwithstanding section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf71 on the request of a licensee of a covered project1 the ,federal ,energy ,regulatory ,commission may1 after reasonable notice and for good cause shown1 extend in accordance with subsection 7c7 the period during which the licensee is required to commence construction of the covered project for an additional #d years beyond the #h years authorized by that section4 7c7 ,period of extension ,an extension of time to commence construction of a covered project under subsection 7b7 shall-- 7#a7 begin on the date on which the final extension of the period for commencement of construction granted to the licensee under section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 expires2 and 7#b7 end on the date that is #d years after the latest date to which the ,federal ,energy ,regulatory ,commission is authorized to extend the period for commencement of construction under that section4 7d7 ,reinstatement of ,expired ,license ,if the time period required under section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 to commence construction of a covered project expires after ,december #ca1 #bjbc1 and before the date of enactment of this ,act-- 7#a7 the ,commission may reinstate the license for the applicable project effective as of the date of expiration of the license2 and 7#b7 the extension authorized under subsection 7b7 shall take effect on the date of that expiration4