,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gcbi ,,in ,,the ,,house ,,of ,,representatives ,february #c1 #bjbf,mr4 ,harder of ,california 7for himself1 ,mr4 ,lawler1 ,mr4 ,bacon1 ,mr4 ,gray1 ,mr4 ,edwards1 and ,ms4 ,mc,donald ,rivet7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on ,agriculture1 ,energy and ,commerce1 ,transportation and ,infrastructure1 ,science1 ,space1 and ,technology1 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,energy ,act of #bjbj1 the ,geothermal ,steam ,act of #aigj1 the ,energy ,policy ,act of #bjje1 and the ,mineral ,leasing ,act to streamline the leasing and permitting processes of ,federal agencies for certain energy and mineral projects1 to clarify ,federal authorization requirements for certain projects on non-,federal land1 to establish enforceable ,federal authorization timelines and expedited judicial remedies1 to limit ,federal actions halting fully permitted projects1 to create a de-risking compensation program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fighting for ,reliable ,energy and ,ending ,doubt for ,open ,markets ,act or the ,,freedom ,act4 #b4 ,findings ,congress finds that-- 7#a7 energy projects face catastrophic financial losses when ,federal agencies revoke permits1 fail to adhere to deadlines1 or take years to process routine applications for those projects1 even in cases in which project sponsors have invested millions of dollars in reliance on ,federal approvals2 7#b7 the regulatory uncertainty described in paragraph 7#a7-- 7,a7 deters critical energy infrastructure investment across all technologies2 and 7,b7 undermines ,united ,states energy security and economic competitiveness2 and 7#c7 regulatory uncertainty and permitting delays increase the cost of building energy and mineral infrastructure1 which raises the cost of living for ,american families and increases power prices for homes and businesses4 #c4 ,amendment to ,energy ,act of #bjbj 7a7 ,in general ,the ,energy ,act of #bjbj 7division ,z of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj2 #acd ,stat4 #bdah77 is amended by adding at the end the following3 ,,xii ,,fighting ,,for ,,reliable ,,energy ,,and ,,ending ,,doubt ,,for ,,open ,,markets ,a ,definitions #abjja4 ,definitions ,in this title3 7#a7 ,agency ,the term agency has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,authorization ,the term authorization means-- 7,a7 any license1 permit1 approval1 finding1 determination1 or administrative decision issued by an agency2 and 7,b7 any interagency consultation that is authorized or required to be conducted under ,federal law-- 7i7 between or among-- 7,i7 agencies2 and 7,,ii7 in the case of any ,state that chooses to participate in the environmental review of a covered energy project1 #a or more ,state agencies2 and 7ii7 in order to site1 construct1 reconstruct1 or commence operation of a covered energy project4 7#c7 ,complex authorization ,the term complex authorization means an authorization identified as a complex authorization by a lead agency under section #abcja7;d74 7#d7 ,covered energy project ,the term covered energy project means any activity carried out in the ,united ,states that involves the construction of infrastructure-- 7,a7 to develop1 produce1 generate1 store1 transport1 or distribute energy2 7,b7 to capture1 remove1 transport1 or store carbon dioxide2 or 7,c7 to mine1 extract1 beneficiate1 or process minerals4 7#e7 ,environmental document 7,a7 ,in general ,the term environmental document means-- 7i7 an environmental assessment2 7ii7 a finding of no significant impact2 7iii7 a notice of intent2 7iv7 an environmental impact statement2 and 7v7 a record of decision4 7,b7 ,inclusions ,the term environmental document includes any document that is-- 7i7 a supplement to a document described in subparagraph 7,a72 or 7ii7 7,i7 related to a document described in subparagraph 7,a72 and 7,,ii7 prepared pursuant to a court order4 7#f7 ,environmental impact statement ,the term environmental impact statement means a detailed1 written statement required under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7#g7 ,environmental review ,the term environmental review means any agency procedure or process for-- 7,a7 applying a categorical exclusion 7within the meaning of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 7including regulations promulgated pursuant to that ,act772 or 7,b7 preparing an environmental document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#h7 ,lead agency ,the term lead agency1 with respect to a covered energy project1 means the agency with principal responsibility for environmental review of the covered energy project under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 7including regulations promulgated pursuant to that ,act74 7#i7 ,project sponsor ,the term project sponsor means a private1 public1 or public-private entity seeking an authorization for a covered energy project4 7#aj7 ,reviewing court ,the term reviewing court means the court in which a petition described in paragraph 7#a7 of section #abdjc7;a7 is filed1 subject to paragraph 7#b77;,b7 of that section4 7#aa7 ,routine authorization ,the term routine authorization means any authorization that is not a complex authorization4 ,b ,federal ,land ,energy and ,mineral ,reforms #abaja4 ,accelerating federal land rights-of-way for certain covered energy projects 7a7 ,definition of eligible project ,in this section1 the term eligible project means a covered energy project for which the project sponsor seeks a right-of-way under section #eja of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa74 7b7 ,cost recovery ,not later than #cj days after the date on which a project sponsor submits a complete 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 project1 the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 shall issue a cost recovery agreement relating to the eligible project1 if a cost recovery agreement is required under section #bhjd4ad of title #dc1 ,code of ,federal ,regulations 7or a successor regulation71 or section #bea4eh of title #cf1 ,code of ,federal ,regulations 7or a successor regulation74 7c7 ,low-,disturbance activities for eligible projects 7#a7 ,in general ,not later than #ahj days after the date of enactment of this title1 to facilitate timely permitting of eligible projects1 the ,secretary of the ,interior and the ,secretary of ,agriculture each shall develop or adopt #a or more categorical exclusions1 including allowing for extraordinary circumstances under which the categorical exclusion shall not be available1 under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for low-disturbance activities described in paragraph 7#b7 that are necessary for eligible projects4 7#b7 ,activities described ,low-disturbance activities referred to in paragraph 7#a7 include the following3 7,a7 ,an individual surface disturbance of less than #e acres for which a site-specific analysis has previously been completed in an environmental document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,an activity at a location at which the same type of activity has previously occurred during the #e-year period preceding the date of commencement of the activity4 7,c7 ,an activity on previously disturbed or developed 7as defined in section #ajba4ajb7;g77#a7 of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this title7 land that was analyzed1 in an approved land use plan or an environmental document prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq4771 as a reasonably foreseeable activity1 subject to the condition that the land use plan or environmental document was approved during the #e-year period preceding the date of commencement of the activity4 7,d7 ,maintenance of a minor activity1 other than construction or major renovation1 of a building or facility4 7,e7 ,a preliminary geotechnical investigation4 7,f7 ,the construction or removal of a meteorological evaluation tower4 ,c ,de-,risking ,compensation ,program #abbja4 ,definitions ,in this subtitle3 7#a7 ,capital contribution ,the term capital contribution1 with respect to a covered energy project1 means the sum of-- 7,a7 any amounts expended by the project sponsor for the covered energy project2 and 7,b7 any amounts the project sponsor is obligated to expend for the covered energy project under an executed contract1 binding commitment1 or financing agreement1 including verifiable expenditures for development1 construction1 permitting1 and financing costs directly related to the covered energy project4 ,the term capital contribution shall not include executive compensation1 bonuses1 equity awards1 general corporate overhead1 lobbying1 public relations1 dividends1 or profit4 7#b7 ,court ,the term ,court means the ,united ,states ,court of ,federal ,claims4 7#c7 ,program ,the term ,program means the ,de-,risking ,compensation ,program established by section #abbjb7;a74 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #abbjb4 ,establishment2 purposes 7a7 ,establishment ,there is established in the ,department of ,energy a program1 to be known as the ,de-,risking ,compensation ,program1 to provide compensation to project sponsors of covered energy projects that suffer unrecoverable losses due to an event described in section #abbjd7;a71 as determined by the ,court in accordance with this subtitle4 7b7 ,purposes ,the purposes of the ,program are-- 7#a7 to reduce regulatory risks for energy infrastructure developers2 7#b7 to facilitate timely permitting and financing of projects essential to ,united ,states energy security and economic competitiveness2 and 7#c7 to provide compensation in cases in which an agency action1 inaction1 or delay causes a covered energy project to be cancelled1 unviable1 or subject to an unrecoverable loss4 #abbjc4 ,enrollment 7a7 ,eligibility ,a project sponsor shall be eligible to enroll in the ,program with respect to a covered energy project if the project sponsor-- 7#a7 exercises control over the covered energy project2 and 7#b7 submits to the ,secretary an application under subsection 7b7-- 7,a7 after the submission of a notice of initiation for the covered energy project under section #abcja7;a72 but 7,b7 not later than #ij days after the completed notice date 7as defined in section #abcjb7;a77 of the covered energy project4 7b7 ,applications 7#a7 ,in general ,a project sponsor seeking enrollment in the ,program shall submit to the ,secretary an application1 in such form1 in such manner1 and containing such information as the ,secretary may require1 subject to the condition that the required information shall be only that necessary-- 7,a7 to verify the eligibility of the project sponsor under subsection 7a72 and 7,b7 to calculate the premium to be charged to the project sponsor under subsection 7d77#a74 7#b7 ,limitation ,the ,secretary shall not accept an application under this subsection relating to a covered energy project that is submitted after the occurrence of an event described in section #abbjd7;a7 with respect to the covered energy project4 7c7 ,determination by secretary ,not later than #ij days after the date of receipt of an application under subsection 7b71 the ,secretary shall-- 7#a7 determine whether the application meets the requirements of that subsection2 and 7#b7 on making-- 7,a7 a positive determination under paragraph 7#a71 enroll the project sponsor in the ,program2 or 7,b7 a negative determination under paragraph 7#a71 deny enrollment in the ,program4 7d7 ,premiums and fees 7#a7 ,annual premium 7,a7 ,in general ,as a condition of enrollment in the ,program1 a project sponsor shall pay to the ,secretary an annual premium in accordance with subparagraph 7,b74 7,b7 ,amount 7i7 ,in general ,subject to clause 7ii71 the amount of the annual premium paid by a project sponsor under subparagraph 7,a7 shall be equal to #a4e percent of the capital contribution of the project sponsor to the covered energy project4 7ii7 ,adjustment ,the ,secretary may increase the amount of a premium charged to a project sponsor under clause 7i7 by not more than #a4e percentage points1 as the ,secretary determines to be necessary to ensure the solvency of the ,program4 7,c7 ,deposit ,the ,secretary shall deposit the premiums collected pursuant to this paragraph in the ,de-,risking ,compensation ,fund established by section #abbje7;a74 7#b7 ,no enrollment fee ,no enrollment fee may be charged for enrollment in the ,program4 7e7 ,administrative record 7#a7 ,in general ,for each covered energy project with respect to which a project sponsor is enrolled in the ,program1 the ,secretary shall maintain an administrative record1 which shall consist of-- 7,a7 the application submitted by the project sponsor under subsection 7b72 and 7,b7 the premium payment history of the project sponsor4 7#b7 ,certification ,not later than #cj days after the date of receipt of a request from a project sponsor enrolled in the ,program1 the ,secretary shall certify and submit to the ,court the administrative record maintained under paragraph 7#a7 with respect to the applicable covered energy project4 #abbjd4 ,compensation of enrolled project sponsors 7a7 ,triggering events ,a project sponsor enrolled in the ,program may receive from the ,secretary compensation in accordance with this section if the ,court determines that the covered energy project of the project sponsor has suffered an unrecoverable loss due to any of the following events3 7#a7 ,revocation1 cancellation1 or vacatur of an authorization4 7#b7 ,failure by an agency to issue a final decision regarding an authorization by the applicable deadline under subsection 7b7 or 7c7 of section #abcjb4 7#c7 ,failure by an agency to act on a remand1 renewal1 or reapproval relating to the covered energy project by the date that is #ahj days after the date on which the agency received the remand1 renewal request1 or reapproval request1 as applicable4 7#d7 ,failure by an agency to adhere to a deadline required under another ,federal law4 7#e7 ,inaction or unreasonable delay by an agency that-- 7,a7 causes the cancellation of the covered energy project2 or 7,b7 renders the covered energy project commercially unviable4 7b7 ,claims for compensation 7#a7 ,in general ,not later than the date described in paragraph 7#b71 a project sponsor enrolled in the ,program may bring an action in the ,court seeking compensation from the ,secretary with respect to a covered energy project4 7#b7 ,description of date ,the date referred to in paragraph 7#a7 is the date that is #ahj days after the later of-- 7,a7 the date on which an event described in subsection 7a7 occurs with respect to the applicable covered energy project2 and 7,b7 the first date on which the project sponsor knew1 or reasonably should have known1 of-- 7i7 an unrecoverable loss suffered by the covered energy project2 and 7ii7 the causal connection of that loss to an event described in subsection 7a74 7#c7 ,contents ,a claim filed with the ,court under this subsection shall include documentation1 certified by a qualified accountant1 demonstrating-- 7,a7 enrollment of the project sponsor in the ,program with respect to the applicable covered energy project2 7,b7 the total capital contribution of the project sponsor to the covered energy project2 and 7,c7 7i7 each unrecoverable loss claimed with respect to the covered energy project2 and 7ii7 the causal connection of that loss to an event described in subsection 7a74 7c7 ,judicial review 7#a7 ,exclusive jurisdiction ,the ,court shall have exclusive jurisdiction over any action brought under this section4 7#b7 ,standard and scope of review ,in an action under this section1 the ,court shall-- 7,a7 review the matter based on the administrative record submitted by the ,secretary under section #abbjc7;e77#b71 subject to paragraph 7#c72 and 7,b7 determine de novo-- 7i7 whether the project sponsor has established1 by a preponderance of the evidence1 entitlement to compensation under the ,program2 and 7ii7 if such an entitlement is so established1 the amount of compensation to be provided1 in accordance with subsection 7d74 7#c7 ,failure to certify or submit record ,if the ,secretary fails to maintain an administrative record as required under paragraph 7#a7 of section #abbjc7;e71 or fails to certify or submit to the ,court such a record by the applicable deadline under paragraph 7#b7 of that section1 the ,court may proceed in the applicable action under this section on the basis of-- 7,a7 the evidence submitted by the project sponsor2 and 7,b7 any other evidence the ,court determines to be appropriate4 7d7 ,payments 7#a7 ,judgment 7,a7 ,in general ,on determining that a project sponsor is entitled to receive compensation in an action under this section1 the ,court shall enter a judgment ordering the ,secretary to pay the awarded amount from the ,de-,risking ,compensation ,fund established by section #abbje7;a71 subject to subparagraph 7,b74 7,b7 ,minimum capital contribution ,the ,court may not award compensation to a project sponsor under this subsection with respect to a covered energy project unless the project sponsor demonstrates1 through the documentation submitted under subsection 7b77#c71 that the capital contribution of the project sponsor to the covered energy project is equal to not less than #e1jjj1jjj4 7#b7 ,amount 7,a7 ,limitation ,the amount of compensation provided to a project sponsor under this subsection shall not exceed an amount equal to the total capital contribution of the project sponsor to the applicable covered energy project4 7,b7 ,offset ,the ,court shall reduce the amount of compensation provided to a project sponsor under this subsection by the amount of any award1 settlement payment1 insurance recovery1 or other compensation received by the project sponsor for the same unrecoverable loss arising from the same agency action1 inaction1 delay1 or order that is the subject of the action under this section4 7,c7 ,no double recovery ,a project sponsor may not receive compensation under this subtitle for any loss for which the project sponsor has been compensated under subtitle ,e4 7#c7 ,action by secretary ,the ,secretary shall provide to a project sponsor a payment awarded by the ,court under this section by not later than #cj days after the date on which the judgment under paragraph 7#a7 ordering that payment becomes final4 7e7 ,limitations on denial ,the ,court and the ,secretary may not deny a claim submitted by a project sponsor under this subtitle based on-- 7#a7 the merits of the covered energy project that is the subject of the claim2 or 7#b7 a type of technology employed by that covered energy project4 7f7 ,appeals ,a judgment of the ,court under this section shall be subject to judicial review in the ,united ,states ,court of ,appeals for the ,federal ,circuit in accordance with section #abie of title #bh1 ,united ,states ,code4 #abbje4 ,de-risking compensation fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,de-,risking ,compensation ,fund 7referred to in this section as the ,fund71 consisting of-- 7#a7 the premiums collected under section #abbjc7;d77#a72 and 7#b7 such amounts as are appropriated to the ,fund pursuant to subsection 7c74 7b7 ,use of funds ,amounts in the ,fund shall be available1 without further appropriation1 solely for-- 7#a7 compensation payments ordered in final judgments under section #abbjd7;d77#a72 and 7#b7 the administration of the ,program1 subject to the condition that not more than #e percent of amounts in the ,fund shall be available for administrative expenses4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,fund such sums as are necessary to carry out this subtitle4 7d7 ,limitation ,no payment may be made under this subtitle from the general fund of the ,treasury or any other ,federal account if amounts in the ,fund are exhausted4 ,d ,permitting ,timelines and ,performance ,fund #abcja4 ,notices of initiation2 project schedules 7a7 ,notices of initiation for covered energy projects 7#a7 ,in general ,a project sponsor shall submit a notice of initiation for a covered energy project proposed to be carried out by the project sponsor to the head of each agency from which #a or more authorizations are anticipated to be required to carry out the covered energy project4 7#b7 ,contents ,a notice of initiation under this subsection shall include-- 7,a7 a statement describing the purposes and objectives of the proposed covered energy project2 7,b7 a concise description of the proposed covered energy project1 including the general location of the proposed covered energy project and a summary of geospatial information1 if available1 illustrating the project area and the locations of known environmental1 cultural1 and historic resources1 if any2 7,c7 a statement identifying all ,federal financing1 environmental reviews1 and authorizations anticipated to be required to carry out the proposed covered energy project2 and 7,d7 a general description1 to the extent practicable1 of any preliminary and projected future stakeholder engagement conducted by the project sponsor relating to the covered energy project4 7b7 ,determination of completeness 7#a7 ,in general ,not later than #cj days after the date of receipt of a notice of initiation under subsection 7a71 the applicable lead agency shall determine whether the notice is complete in accordance with paragraph 7#b74 7#b7 ,completeness ,a notice of initiation shall be considered to be complete under paragraph 7#a7 if the lead agency determines that the notice meets the requirements described in subsection 7a77#b74 7#c7 ,statement 7,a7 ,in general ,a lead agency1 on making a determination under paragraph 7#a7 that-- 7i7 a notice of initiation is complete1 shall provide to the project sponsor a statement of the determination2 or 7ii7 a notice of initiation is incomplete1 shall provide to the project sponsor a deficiency statement identifying the information required for the notice to be considered complete4 7,b7 ,failure to act ,if a lead agency fails to issue a statement under this paragraph by the applicable deadline described in paragraph 7#a71 the applicable notice of initiation shall be deemed to be complete4 7#d7 ,effect of deficiency 7,a7 ,response by project sponsor ,if a lead agency issues a deficiency statement under paragraph 7#c77;,a77ii71 the project sponsor may-- 7i7 submit to the lead agency a revised notice containing the information identified in the deficiency statement by not later than #ij days after the date on which the deficiency statement is issued2 or 7ii7 request an extension of time to prepare such a revised notice4 7,b7 ,extension ,on receipt of a request for an extension under subparagraph 7,a77ii71 a lead agency shall grant the applicable project sponsor an extension of the applicable deadline under subparagraph 7,a77i7 for a period of not more than #ij days4 7c7 ,project schedule ,not later than #cj days after the date on which a notice of initiation for a proposed covered energy project is determined or deemed to be complete under subsection 7b71 the applicable lead agency shall publish a schedule for the covered energy project that-- 7#a7 7,a7 lists each authorization required for the covered energy project2 and 7,b7 identifies each such authorization as a routine authorization or a complex authorization1 in accordance with subsection 7d72 7#b7 identifies each ,federal1 ,state1 ,tribal1 and local agency that has been designated as a cooperating agency for the covered energy project in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 if applicable2 and 7#c7 establishes for the covered energy project-- 7,a7 interim milestones2 and 7,b7 final decision dates in accordance with section #abcjb4 7d7 ,identification of authorizations 7#a7 ,in general ,for each authorization required for a covered energy project for which a schedule is published under subsection 7c71 the lead agency shall identify the authorization as-- 7,a7 a complex authorization if the authorization is-- 7i7 described in paragraph 7#b72 or 7ii7 designated by the lead agency pursuant to paragraph 7#c77;,a72 or 7,b7 a routine authorization if the authorization is not identified as a complex authorization under subparagraph 7,a74 7#b7 ,description of complex authorizations ,a complex authorization referred to in paragraph 7#a77;,a77i7 is an authorization that-- 7,a7 requires the issuance of an authorization or certification of public convenience and necessity under section #c7;e7 or #g7;c7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7e71 #gag;f7c772 7,b7 requires the issuance of a license or permit under section #d7;e7 or #baf of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e71 #hbdp72 7,c7 requires the issuance of a lease1 easement1 right-of-way1 or other authorization under section #e or #h7p7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accd1 #accg7p772 7,d7 requires the preparation of an environmental assessment or environmental impact statement2 7,e7 requires formal consultation under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 or results in the issuance of a biological opinion2 7,f7 requires consultation under section #cjfajh of title #ed1 ,united ,states ,code2 7,g7 grants a new or expanded right-of-way1 easement1 lease1 or comparable real property interest exceeding #bj acres of ,federal property2 or 7,h7 requires an individual permit under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 or an individual water quality certification under section #dja of that ,act 7#cc ,u4,s4,c4 #acda74 7#c7 ,designations by lead agency 7,a7 ,in general ,a lead agency may designate an authorization as a complex authorization based on a written1 reasoned determination of the lead agency that identifies factors that-- 7i7 are specific to the applicable covered energy project2 and 7ii7 are not described in subparagraphs 7,a7 through 7,h7 of paragraph 7#b74 7,b7 ,judicial review ,the designation by a lead agency of a complex authorization pursuant to subparagraph 7,a7 shall be subject to judicial review by the applicable reviewing court under subtitle ,e4 #abcjb4 ,authorization deadlines 7a7 ,definition of completed notice date ,in this section1 the term completed notice date1 with respect to a covered energy project1 means the date on which the notice of initiation under section #abcja7;a7 for the covered energy project is-- 7#a7 determined to be complete under section #abcja7;b77#a72 or 7#b7 deemed to be complete under section #abcja7;b77#c77;,b74 7b7 ,deadlines ,each agency that receives from a project sponsor a notice of initiation under section #abcja7;a7 for a covered energy project shall issue a final decision regarding each authorization for the covered energy project that is under the jurisdiction of the agency by not later than-- 7#a7 the date that is #ij days after the completed notice date of the covered energy project1 if the authorization is a routine authorization2 and 7#b7 the date that is #a year after the completed notice date of the covered energy project1 if the authorization is a complex authorization1 except as provided in subsection 7c74 7c7 ,extension for environmental impact statements ,if the lead agency publishes a notice of intent to prepare an environmental impact statement for a covered energy project after the completed notice date of the covered energy project1 the deadline for completion of the environmental impact statement shall be the date that is #b years after the completed notice date4 7d7 ,earlier deadlines under other federal law ,if another ,federal law requires an agency to issue a final decision regarding an authorization by a date that is earlier than the deadline applicable under subsection 7b7 or 7c71 the agency shall issue the final decision not later than that earlier date4 7e7 ,failure ,to meet deadline 7#a7 ,in general ,except as provided in paragraph 7#b71 the failure by an agency to adhere to a deadline under this section or a milestone under section #abcja7;c77#c77;,a7 shall be-- 7,a7 considered to be a final agency action unlawfully withheld or unreasonably delayed under section #gjf of title #e1 ,united ,states ,code2 and 7,b7 subject to review by a reviewing court under subtitle ,e or the ,united ,states ,court of ,federal ,claims under subtitle ,c4 7#b7 ,exceptions ,the failure by an agency to adhere to a deadline under this section or a milestone under section #abcja7;c77#c77;,a7 shall not be considered to be a final agency action unlawfully withheld or unreasonably delayed under section #gjf of title #e1 ,united ,states ,code1 if-- 7,a7 the project sponsor and the agency agree to a different deadline or milestone2 or 7,b7 a reviewing court determines that-- 7i7 a natural disaster reasonably impaired the ability of the agency to adhere to the deadline or milestone2 or 7ii7 a national emergency or extraordinary circumstance exists for which the only available remedy is to delay the deadline or milestone4 #abcjc4 ,reviewing court-approved contractors 7a7 ,definition of eligible project ,in this section1 the term eligible project means a covered energy project with respect to which a reviewing court has-- 7#a7 found that an agency has failed to adhere to a deadline or milestone2 and 7#b7 issued an order described in section #abdjd7;b77#b77;,c74 7b7 ,project sponsor request 7#a7 ,in general ,on receipt of a request from the project sponsor of an eligible project1 a reviewing court may authorize the project sponsor to retain a qualified contractor to complete any necessary analysis or documentation1 in accordance with this subsection4 7#b7 ,inclusions ,a project sponsor request under paragraph 7#a7 shall include-- 7,a7 identifying information for the contractor proposed to be hired by the project sponsor2 and 7,b7 the qualifications of that contractor1 including-- 7i7 relevant professional credentials2 7ii7 prior experience with ,federal environmental reviews2 and 7iii7 disclosure of any potential conflicts of interest that are material to the work to be performed1 including-- 7,i7 any financial interest in the outcome of the applicable eligible project2 7,,ii7 any contingent or success-based compensation arrangement2 7,,iii7 any engagement with the project sponsor2 7,,iv7 any equity ownership with a #aj-percent or greater interest2 7,v7 any contractual relationship1 during the #b-year period preceding the date of the request1 between the contractor and an engineering1 procurement1 or construction firm acting as a prime contractor for the eligible project2 and 7,,vi7 any current engagement related to the eligible project4 7#c7 ,approval 7,a7 ,in general ,not later than #cj days after the date of receipt of a request of a project sponsor under this subsection1 the reviewing court shall approve or reject the proposed contractor that is the subject of the request based on-- 7i7 the demonstrated technical competence of the contractor for the required analyses2 7ii7 the absence of disqualifying conflicts of interest2 7iii7 the agreement of the contractor-- 7,i7 to operate under the technical guidance of the applicable agency2 7,,ii7 to maintain independence in professional judgment2 and 7,,iii7 to proceed under the direction of the reviewing court if the agency fails to provide technical guidance or timely review by an applicable deadline under subsection 7g72 and 7iv7 a determination by the reviewing court regarding whether the contractor meets the qualifications described in subparagraph 7,b74 7,b7 ,qualifications ,the qualifications referred to in subparagraph 7,a77iv71 with respect to a contractor1 are that the contractor-- 7i7 holds a recognized professional license or certification applicable to the work1 or has demonstrably comparable expertise2 7ii7 has demonstrated experience completing similar analyses for agencies during the preceding #e-year period2 7iii7 is not debarred or suspended from ,federal contracting2 and 7iv7 maintains professional liability insurance of not less than #a1jjj1jjj4 7,c7 ,form of approval ,the approval of a reviewing court under this paragraph may include any conditions or limitations necessary to ensure compliance with applicable law4 7c7 ,standards and obligations 7#a7 ,in general ,a contractor approved by a reviewing court under subsection 7b7 shall-- 7,a7 follow applicable laws and regulations1 guidance documents1 and technical standards relevant to the analyses performed by the contractor2 7,b7 certify under penalty of perjury that all work product of the contractor meets the applicable legal requirements2 7,c7 maintain professional independence from the applicable project sponsor in all technical determinations and analyses2 7,d7 remain subject to applicable professional liability and ethical standards2 and 7,e7 execute a sworn conflict of interest and relationship disclosure1 as described in subsection 7b77#b77;,b77iii71 and maintain a log of material communications with the project sponsor1 which shall be made available to the reviewing court and any applicable agency on request4 7#b7 ,status of work product ,all work product of a contractor approved under this section shall be-- 7,a7 deemed to be received by the applicable agency on submission by the contractor2 and 7,b7 included in the administrative record relating to each relevant authorization4 7d7 ,payment 7#a7 ,in general ,all reasonable costs of a contractor approved by a reviewing court under this section1 including the costs of studies1 modeling1 and coordination1 shall be paid-- 7,a7 by the relevant lead agency from amounts in the ,permitting ,performance ,fund established by section #abcjd7;a72 and 7,b7 at rates not higher than comparable rates on the ,federal ,supply ,schedule of the ,general ,services ,administration1 or as otherwise determined to be reasonable by the reviewing court4 7#b7 ,advances 7,a7 ,in general ,a project sponsor may advance to a contractor approved under this section payment for any costs described in paragraph 7#a74 7,b7 ,reimbursement ,the relevant lead agency shall reimburse a project sponsor that makes an advance payment under subparagraph 7,a7 by not later than #cj days after the date on which the project sponsor submits to the lead agency an invoice relating to the advance payment4 7e7 ,scope of work ,a contractor approved by a reviewing court under this section shall prepare only the documentation necessary to complete the relevant administrative record4 7f7 ,production of government information 7#a7 ,in general ,on a motion of the project sponsor or a contractor approved by a reviewing court under this section1 the reviewing court may order any ,federal1 ,state1 or local agency to produce1 by a date certain1 any document1 data1 or expert input necessary to complete the relevant administrative record4 7#b7 ,no tolling ,a failure by an agency to produce a document1 data1 or input by the applicable date under paragraph 7#a7 shall not toll any deadline under this title4 7g7 ,deadlines for contractor work ,a reviewing court shall establish deadlines for deliverables of a contractor approved by the reviewing court under this section1 subject to the condition that such a deadline shall not exceed-- 7#a7 #abj days for a complex authorization not requiring an environmental impact statement2 and 7#b7 #bdj days for a complex authorization requiring an environmental impact statement4 7h7 ,agency decisions on contractor-,prepared record 7#a7 ,agency action ,not later than #cj days after the date on which a contractor approved by a reviewing court under this section submits to an applicable agency the completed documentation prepared by the contractor1 the agency shall-- 7,a7 issue a final decision regarding the applicable authorization1 based on the documentation2 or 7,b7 identify1 including a citation to the applicable law or regulation1 any specific legal deficiency in the documentation that requires correction1 subject to paragraph 7#b77;,c74 7#b7 ,deficiencies 7,a7 ,in general ,if an agency identifies a deficiency under paragraph 7#a77;,b71 the affected contractor shall correct the deficiency by not later than #ij days after the date on which the identification occurs4 7,b7 ,action by agency ,not later than #ad days after the date of receipt of corrected documentation under subparagraph 7,a71 an agency shall issue a final decision regarding the applicable authorization4 7,c7 ,single identification ,an agency may identify deficiencies under paragraph 7#a77;,b7 on only #a occasion1 unless the applicable reviewing court approves another identification for good cause based on a legal requirement that was not in effect at the time of the initial identification of deficiencies4 7#c7 ,limitation ,an agency may not reject any documentation prepared by a contractor approved by a reviewing court under this section based on a policy disagreement or any other discretionary factor if the documentation satisfies all applicable legal requirements4 #abcjd4 ,permitting performance fund 7a7 ,establishment ,there is established in the ,treasury a fund1 to be known as the ,permitting ,performance ,fund 7referred to in this section as the ,fund71 consisting of-- 7#a7 any civil penalties assessed under section #abdjd7;c72 7#b7 such amounts as are transferred to the ,fund under subsection 7c72 and 7#c7 such amounts as are appropriated to the ,fund pursuant to subsection 7d74 7b7 ,use of funds ,amounts in the ,fund shall be available1 without further appropriation1 to pay the costs of-- 7#a7 any contractor approved by a reviewing court under section #abcjc7;b72 and 7#b7 any penalty or award to a project sponsor of attorneys' fees and costs ordered by a reviewing court pursuant to section #abdjd7;b77#b77;,d74 7c7 ,transfer of amounts 7#a7 ,definition of covered workload ,in this subsection1 the term covered workload1 with respect to an agency1 means the total number of authorizations for covered energy projects listed in project schedules published under section #abcja7;c7 for which the agency was identified as the responsible agency1 determined by assigning a weight of #a to each routine authorization and a weight of #d to each complex authorization4 7#b7 ,transfer ,the ,secretary of the ,treasury shall transfer to the ,fund from the general management account of any agency found by a reviewing court under subtitle ,e to be liable for an unreasonable delay an amount based on the proportion that-- 7,a7 the covered workload of the agency during the preceding fiscal year2 bears to 7,b7 the covered workload of all agencies during that preceding fiscal year4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,fund-- 7#a7 #ej1jjj1jjj for the initial capitalization of the ,fund2 and 7#b7 thereafter1 such sums as are necessary to carry out this section4 #abcje4 ,effective date 7a7 ,in general ,this subtitle shall apply to any notice of initiation submitted under section #abcja7;a7 for a covered energy project on or after the date that is #ij days after the date of enactment of this title4 7b7 ,pending projects ,for a covered energy project the notice of initiation for which is pending on the effective date described in subsection 7a7-- 7#a7 this subtitle shall apply beginning on the date that is #abj days after the date of enactment of this title2 and 7#b7 as applicable1 the completed notice date 7as defined in section #abcjb7;a77 shall be deemed to be the date that is #abj days after that date of enactment4 ,e ,expedited ,judicial ,review and ,enforcement #abdja4 ,causes of action 7a7 ,in general ,subject to subsection 7b71 a project sponsor of a covered energy project may file a petition in accordance with section #abdjb for judicial review of-- 7#a7 a final agency action relating to the covered energy project2 7#b7 an alleged failure by an agency-- 7,a7 to act on the covered energy project1 including through unlawful withholding or unreasonable delay2 or 7,b7 to adhere to-- 7i7 a milestone established for the covered energy project under section #abcja7;c77#c77;,a72 or 7ii7 a deadline applicable to the covered energy project under section #abcjb2 or 7#c7 an order1 directive1 suspension1 revocation1 or other action described in section #abeja7;b7 of an agency relating to the covered energy project4 7b7 ,single petition rule 7#a7 ,in general ,a project sponsor may file only #a petition under this subtitle with respect to any single cause of action described in subsection 7a74 7#b7 ,multiple grounds ,a project sponsor may file a single petition under this subtitle seeking multiple grounds for relief4 7c7 ,relief sought ,a petition under this subtitle may seek #a or more of the following3 7#a7 ,review of an order1 directive1 or action described in section #abeja7;b74 7#b7 ,a court order compelling agency action or other relief for an unreasonable delay in the authorization process1 in accordance with subtitle ,d4 7#c7 ,review of the designation of an authorization as a complex authorization pursuant to section #abcja7;d77#c74 7d7 ,intervention 7#a7 ,in general ,any person that would have standing under article ,,iii of the ,constitution of the ,united ,states to challenge or defend the applicable agency action may move to intervene in a cause of action under this subtitle4 7#b7 ,ruling ,the reviewing court shall rule expeditiously on any motion to intervene under paragraph 7#a74 #abdjb4 ,petition requirements 7a7 ,contents 7#a7 ,requirements ,a petition under this subtitle shall contain an affidavit1 together with supporting documentation described in paragraph 7#b71 demonstrating the grounds for the petition as follows3 7,a7 ,subtitle f actions ,a petition alleging that an agency violated section #abeja with respect to a covered energy project shall demonstrate that-- 7i7 the agency issued an order or directive1 revoked a permit or authorization1 or carried out any other action to halt1 delay1 or otherwise cancel a previously authorized activity in violation of section #abeja2 7ii7 the project sponsor has suffered a loss as a direct result of the action described in clause 7i72 and 7iii7 the compensation sought in the petition does not exceed an amount equal to #abe percent of the amount of financial loss suffered by the project sponsor as a result of that action4 7,b7 ,unreasonable delays ,a petition alleging unreasonable delay by an agency with respect to a covered energy project shall demonstrate that-- 7i7 the petitioner is a project sponsor that has submitted a notice of initiation under section #abcja7;a7 for the covered energy project2 7ii7 the notice was1 on such date as the project sponsor shall specify-- 7,i7 determined to be complete under section #abcja7;b77#a72 or 7,,ii7 deemed to be complete under section #abcja7;b77#c77;,b72 7iii7 the applicable deadline for a final decision relating to an authorization for the covered energy project under section #abcjb has lapsed without the agency issuing the final decision2 and 7iv7 the petitioner has suffered or will suffer harm as a result of the lapse described in clause 7iii74 7,c7 ,designations as complex ,a petition seeking review of the designation of an authorization as a complex authorization shall demonstrate that the written1 reasoned determination by the applicable lead agency fails to identify project-specific factors that justify the designation1 in accordance with section #abcja7;d77#c74 7#b7 ,documents and other information 7,a7 ,in general ,a petition under this subtitle shall include1 as applicable to each claim asserted in the petition-- 7i7 all relevant agency correspondence 7including any application for an authorization71 deficiency notices1 and determinations relating to a notice of initiation or project schedule for the applicable covered energy project1 if any2 7ii7 a copy of each final agency action1 authorization1 record of decision1 environmental document1 or order that is the subject of the petition2 and 7iii7 identification1 to the maximum extent practicable1 of any records similar to the records described in this subparagraph that are unavailable to the petitioner and the reasons for the unavailability4 7,b7 ,additional information ,a petition for judicial review under this subtitle may include other available relevant documents1 such as expert reports1 economic analyses1 or affidavits from personnel1 relating to-- 7i7 the applicable covered energy project2 7ii7 action or inaction by an applicable agency2 or 7iii7 harm suffered by the petitioner4 7b7 ,naming of respondents 7#a7 ,in general ,in a petition under this subtitle challenging the schedule for a covered energy project under section #abcja7;c71 or the designation of an authorization as a complex authorization under section #abcja7;d77#c71 the head of the applicable lead agency shall be named as the respondent4 7#b7 ,other causes of action ,in a petition under this subtitle relating to a cause of action not described in paragraph 7#a71 the head of the agency that carried out the applicable final agency action1 issued the applicable order or directive1 or is alleged to have unlawfully withheld or unreasonably delayed action shall be named as the respondent4 7c7 ,filing dates 7#a7 ,final agency actions ,a petition under this subtitle of a cause of action described in section #abdja7;a77#a7 shall be filed not later than #fj days after the date on which the applicable agency action becomes final4 7#b7 ,failures to act ,a petition under this subtitle of a cause of action described in section #abdja7;a77#b7 may be filed beginning on the day after the date of the applicable missed deadline or milestone4 7#c7 ,subtitle f actions ,a petition under this subtitle of a cause of action described in section #abdja7;a77#c7 shall be filed not later than #cj days after the date on which the applicable order1 directive1 suspension1 revocation1 or other action of an agency is issued or carried out4 7d7 ,service ,the petitioner shall serve a petition under this subtitle on-- 7#a7 the ,attorney ,general of the ,united ,states2 7#b7 the head of the lead agency with respect to the covered energy project that is the subject of the petition2 and 7#c7 each cooperating agency identified under section #abcja7;c77#b7 in the project schedule for the covered energy project that is the subject of the petition4 #abdjc4 ,judicial review 7a7 ,venue 7#a7 ,in general ,a petition under this subtitle may be filed1 at the election of the project sponsor1 in-- 7,a7 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit2 7,b7 the ,united ,states court of appeals for the circuit in which-- 7i7 the covered energy project is located2 or 7ii7 the project sponsor has its principal place of business2 or 7,c7 any ,united ,states district court that would have jurisdiction under any other applicable law 7including any special statutory review provision7 to review the agency action1 order1 directive1 or failure to act that is the subject of the petition4 7#b7 ,exclusive jurisdiction 7,a7 ,in general ,the reviewing court in which a petition is filed under paragraph 7#a7 shall have exclusive jurisdiction over-- 7i7 that petition2 and 7ii7 any claim under this subtitle with respect to the same cause of action described in section #abdja7;a74 7,b7 ,consolidation ,if #a or more petitions concerning the same cause of action described in section #abdja7;a7 are filed in more than #a reviewing court1 each later-filed petition shall be transferred to the reviewing court in which the initial petition was filed4 7b7 ,representation of respondents ,a respondent named under section #abdjb7;b7 shall be represented in accordance with section #eah7;a7 of title #bh1 ,united ,states ,code4 7c7 ,standard of review 7#a7 ,in general ,the reviewing court shall conduct the review of1 and reach a decision regarding1 a petition under this subtitle in accordance with chapter #g of title #e1 ,united ,states ,code4 7#b7 ,administrative record 7,a7 ,in general ,judicial review of a petition under this subtitle shall be based on an administrative record compiled and certified by the head of the agency named in the petition as the respondent under section #abdjb7;b74 7,b7 ,multiple respondents ,if multiple agency heads are named in a petition as respondents under section #abdjb7;b7-- 7i7 each agency head shall compile and certify the portions of the record within the custody of that agency2 and 7ii7 the lead agency1 or such other agency as the reviewing court may require1 shall assemble a consolidated record4 7,c7 ,failures to act ,the administrative record relating to a petition under this subtitle for a cause of action described in section #abdja7;a77#b7 shall include1 as applicable-- 7i7 the notice of initiation submitted under section #abcja7;a72 7ii7 any completeness or deficiency designation of that notice under section #abcja7;b72 7iii7 the project schedule published under section #abcja7;c72 and 7iv7 any other materials the reviewing court determines to be necessary to resolve the petition4 7d7 ,additional submissions ,in addition to the documents and information required under section #abdjb7;a77#b71 a petitioner shall submit to the reviewing court1 in accordance with a schedule established by the reviewing court1 such other records and documents as are reasonable and necessary for determination of the appropriate remedy and the amount of compensation to be ordered4 7e7 ,discovery and record development 7#a7 ,in general ,there shall be no discovery in a proceeding relating to a petition under this subtitle other than such discovery as may be ordered by the reviewing court1 as the reviewing court determines to be reasonable and necessary to determine the appropriate remedy and the amount of compensation 7including compensation for any violation of section #abeja7 to be ordered4 7#b7 ,information1 testimony1 and documents ,the reviewing court may require the submission of such information1 the testimony of such persons1 and the production of such documents as the reviewing court determines to be reasonable and necessary for purposes of this subsection4 #abdjd4 ,expedited procedure2 relief2 penalties2 appeals 7a7 ,expedited procedure ,the reviewing court shall-- 7#a7 establish an expedited schedule for briefing and disposition relating to a petition under this subtitle2 and 7#b7 absent extraordinary circumstances1 issue a decision with respect to a petition under this subtitle-- 7,a7 as expeditiously as practicable2 but 7,b7 not later than #abj days after the date on which the petition is filed4 7b7 ,available relief 7#a7 ,in general ,on a finding by a reviewing court that a petitioner is entitled to relief under this subtitle1 the reviewing court shall grant such legal1 equitable1 and administrative relief as the reviewing court determines to be appropriate to effectuate the purposes of this title in accordance with paragraph 7#b71 subject to section #abeja7;b74 7#b7 ,actions by reviewing court ,a reviewing court that makes a finding described in paragraph 7#a7 shall-- 7,a7 hold unlawful and set aside any final agency action found to be arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law2 7,b7 remand each applicable matter to the appropriate agency for further action in accordance with the direction of the reviewing court1 together with a schedule and deadline for completion of those actions1 which deadline shall not exceed-- 7i7 #ahj days after the date on which the judgment is issued2 or 7ii7 such longer period to which the project sponsor may agree2 7,c7 in any case involving unlawful withholding or unreasonable delay1 issue an order that-- 7i7 compels the appropriate agency to act2 7ii7 specifies the date by which each discrete action of the agency shall be completed in order to finalize the agency review and issue a final agency decision2 and 7iii7 retains the jurisdiction of the reviewing court to ensure compliance with the order2 7,d7 award to a project sponsor that prevails on a claim of unreasonable delay under subtitle ,d reasonable attorneys' fees and costs2 and 7,e7 for any action found to be in violation of section #abeja1 award to the project sponsor just compensation sufficient to remedy damages to the project sponsor caused by the action4 7c7 ,penalty for noncompliance 7#a7 ,daily fee ,a reviewing court shall assess against any agency found to have failed to comply with a schedule or order issued by the reviewing court pursuant to subsection 7b77#b7 a civil penalty in an amount equal to not less than #a1jjj1 but not more than #ajj1jjj1 per day of noncompliance4 ,in determining the amount of the penalty within that range1 the reviewing court shall consider the extent to which the noncompliance was within the reasonable control of the agency and whether the agency acted with diligence and good faith4 ,a civil penalty assessed under this paragraph shall be payable only from unobligated amounts available in the general management account of the applicable agency1 and no transfer or payment may be made if that unobligated balance is zero or if the transfer would reduce that unobligated balance to zero4 7#b7 ,deposit ,the amounts collected under this subsection shall be deposited in the ,permitting ,performance ,fund established by section #abcjd7;a74 7d7 ,appeals 7#a7 ,district court judgments ,if a petition under this subtitle is filed in a ,united ,states district court pursuant to section #abdjc7;a77#a77;,c71 any party aggrieved by the judgment of the district court may obtain review in the ,united ,states court of appeals of competent jurisdiction under chapter #hc of title #bh1 ,united ,states ,code1 subject to the condition that a notice of appeal shall be filed not later than #cj days after the date of entry of the judgment4 7#b7 ,court of appeals original petitions ,if a petition under this subtitle is filed in a ,united ,states court of appeals pursuant to subparagraph 7,a7 or 7,b7 of section #abdjc7;a77#a71 further review shall be as otherwise provided by law4 #abdje4 ,acceleration of certain claims by other persons 7a7 ,certain civil actions ,a civil action authorized by ,federal law seeking judicial review of a final agency action that constitutes the issuance1 approval1 or adoption of a complex authorization for a covered energy project may be brought in accordance with this section by a person other than a project sponsor of the covered energy project4 7b7 ,filing deadline ,a civil action described in subsection 7a7 shall be filed not later than the earlier of-- 7#a7 the date that is #aej days after-- 7,a7 the date on which the applicable lead agency publishes in the ,federal ,register a notice of the relevant final complex authorization2 or 7,b7 if publication described in subparagraph 7,a7 is not required by law1 the date on which the lead agency first makes a notice described in that subparagraph publicly available2 and 7#b7 the applicable statutory deadline with respect to the civil action4 7c7 ,scope ,judicial review of a civil action described in subsection 7a7 shall be limited to the administrative record for the complex authorization at issue4 7d7 ,limited vacatur and injunctive relief ,in a civil action described in subsection 7a71 the court may-- 7#a7 remand the matter to the applicable agency for further action in accordance with the direction of the court2 and 7#b7 in addition to such a remand1 vacate or enjoin all or any part of a final agency action only if the court finds1 based on the administrative record and any additional evidence properly before the court1 that failure so to vacate or enjoin would result in specific1 imminent1 and irreparable environmental harm that cannot reasonably be avoided or mitigated through narrower relief1 an additional mitigation measure1 or expedited correction of the deficiency4 7e7 ,effect of section ,nothing in this section limits the ability of a project sponsor to bring a claim challenging an authorization for a covered energy project4 ,f ,limiting ,orders ,against ,fully ,permitted ,projects #abeja4 ,treatment of fully permitted projects 7a7 ,definition of fully permitted project ,in this section1 the term fully permitted project means a covered energy project that has received a substantial majority of the authorizations required for the covered energy project4 7b7 ,prohibition ,no agency or ,federal official shall issue any order or directive terminating the construction or operation of a fully permitted project1 revoke any permit or authorization for a fully permitted project1 or take any other action to halt1 suspend1 delay1 or terminate an authorized activity carried out to support a fully permitted project unless-- 7#a7 there exists-- 7,a7 a clear1 immediate1 and substantiated harm for which the ,federal order1 directive1 or action is required to prevent1 mitigate1 or repair2 and 7,b7 no other viable alternative that would allow a previously authorized activity1 such as construction1 to continue2 or 7#b7 7,a7 an applicable authorization is illegal under applicable ,federal law2 and 7,b7 the ,federal order1 directive1 or action is the only available remedy to address that illegality4 7c7 ,limitation on petitions 7#a7 ,in general ,no agency may petition a court for voluntary remand of an authorization for a fully permitted project that has received a record of decision unless the project sponsor consents to the petition4 7#b7 ,in-camera review ,as necessary1 a court may review a petition submitted under this subsection in camera4 ,g ,other ,matters #abfja4 ,government accountability office survey and report ,not later than #ahj days after the date of enactment of this title1 and not less frequently than annually thereafter1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a survey of industry satisfaction with the ,federal permitting process with respect to covered energy projects1 which shall-- 7,a7 include questions relating to-- 7i7 related ,federal staffing levels and expertise2 7ii7 the costs of the permitting process2 and 7iii7 recommendations for improving the permitting process2 and 7,b7 be carried out so as to accommodate any industry group or individual that desires to comment anonymously2 and 7#b7 submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that includes-- 7,a7 an evaluation of the ability of agencies to adhere to the deadlines under this title2 7,b7 an evaluation of whether any energy source has been unfairly treated1 including through the imposition of delays or added requirements1 a lack of communication1 or any other action taken to disadvantage the source in the permitting process1 subject to the condition that it shall not be considered unfair treatment for purposes of this subparagraph if-- 7i7 an energy source is subject to regulation or other measures due to a difference inherent in a specific technology2 or 7ii7 an initiative is carried out to improve service-- 7,i7 for an industry2 or 7,,ii7 at a field office of the ,department of ,energy or the ,department of the ,interior2 and 7,c7 a description of the results of the most recent survey conducted under paragraph 7#a74 4 7b7 ,clerical amendment ,the table of contents contained in section #aja7;b7 of the ,energy ,act of #bjbj 7,public ,law #aaf-bfj2 #acd ,stat4 #bdah7 is amended by adding at the end the following3 ,title ,,xii--,,fighting ,,for ,,reliable ,,energy ,,and ,,ending ,,doubt ,,for ,,open ,,markets ,subtitle ,a--,definitions ,sec4 #abjja4 ,definitions4 ,subtitle ,b--,federal ,land ,energy and ,mineral ,reforms ,sec4 #abaja4 ,accelerating ,federal land rights-of-way for certain covered energy projects4 ,subtitle ,c--,de-,risking ,compensation ,program ,sec4#abbja4 ,definitions4 ,sec4#abbjb4 ,establishment2 purposes4 ,sec4#abbjc4 ,enrollment4 ,sec4#abbjd4 ,compensation of enrolled project sponsors4 ,sec4#abbje4 ,de-,risking ,compensation ,fund4 ,subtitle ,d--,permitting ,timelines and ,performance ,fund ,sec4#abcja4 ,notices of initiation2 project schedules4 ,sec4#abcjb4 ,authorization deadlines4 ,sec4#abcjc4 ,reviewing court-approved contractors4 ,sec4#abcjd4 ,permitting ,performance ,fund4 ,sec4#abcje4 ,effective date4 ,subtitle ,e--,expedited ,judicial ,review and ,enforcement ,sec4#abdja4 ,causes of action4 ,sec4#abdjb4 ,petition requirements4 ,sec4#abdjc4 ,judicial review4 ,sec4#abdjd4 ,expedited procedure2 relief2 penalties2 appeals4 ,sec4#abdje4 ,acceleration of certain claims by other persons4 ,subtitle ,f--,limiting ,orders ,against ,fully ,permitted ,projects ,sec4#abeja4 ,treatment of fully permitted projects4 ,subtitle ,g--,other ,matters ,sec4#abfja4 ,government ,accountability ,office survey and report4 4 #d4 ,geothermal leasing and permitting improvements2 permitting compliance on non-federal land 7a7 ,geothermal leasing and permitting improvements 7#a7 ,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 delayed-- 7,a7 the ,secretary shall conduct a replacement sale not later than #ahj days after the date of the cancellation or delay1 as applicable2 and 7,b7 that replacement sale may not be cancelled or delayed4 4 7#b7 ,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 7b7 development in the second sentence and inserting the following3 #bd4 ,rules and regulations 7a7 ,in general ,the ,secretary shall prescribe such rules and regulations as the ,secretary determines to be appropriate to carry out this ,act4 7b7 ,inclusions ,the regulations prescribed pursuant to subsection 7a7 may include1 without limitation1 provisions relating to-- 7#a7 the prevention of waste2 7#b7 the development 2 7,b7 in subsection 7b7 7as so designated7-- 7i7 in paragraph 7#b7 7as so designated71 by striking resources1 7c7 the and inserting the following3 resources2 7#c7 the 2 7ii7 in paragraph 7#c7 7as so designated71 by striking interest1 7d7 assignment and inserting the following3 interest2 7#d7 assignment 2 7iii7 in paragraph 7#d7 7as so designated71 by striking agreements1 7e7 compensatory and inserting the following3 agreements2 7#e7 compensatory 2 7iv7 in paragraph 7#e7 7as so designated71 by striking royalties1 7f7 the and inserting the following3 royalties2 7#f7 the 2 7v7 in paragraph 7#f7 7as so designated71 by striking resources1 7g7 use and inserting the following3 resources2 7#g7 the use 2 7vi7 in paragraph 7#g7 7as so designated71 by striking his lease1 7h7 the and inserting the following3 a lease2 7#h7 the 2 and 7vii7 in paragraph 7#h7 7as so designated71 by striking program1 and 7i7 protection and inserting the following3 program2 and 7#i7 protection 2 and 7,c7 by adding at the end the following3 7c7 ,cost recovery ,not later than #ahj days after the date of enactment of the ,,freedom ,act1 the ,secretary shall prescribe rules pursuant to this section for cost recovery1 to be paid by permit applicants or lessees-- 7#a7 to facilitate the timely coordination and processing of leases1 permits1 and authorizations2 and 7#b7 to reimburse the ,secretary for all reasonable administrative costs incurred from the inspection and monitoring of activities carried out under the permit1 lease1 or other authorization1 as applicable4 4 7#c7 ,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 exploration 7including well drilling72 7,c7 production well drilling2 and 7,d7 use of geothermal resources 7including power plant construction74 7#d7 ,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-- 7i7 by striking 7,,nepa7 and inserting 7#db ,u4,s4,c4 #dcba et seq47 7referred to in this section as ,,nepa72 7ii7 by inserting 7#cj ,u4,s4,c4 #aha et seq47 after ,mineral ,leasing ,act2 and 7iii7 by inserting 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-- 7i7 in paragraph 7#b71 by striking oil or gas and inserting oil1 gas1 or geothermal resources2 and 7ii7 in paragraph 7#c71 by striking oil or gas and inserting oil1 gas1 or geothermal resources4 7#e7 ,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-- 7i7 act as a liaison between-- 7,i7 the individual field offices of the ,bureau of ,land ,management2 7,,ii7 the ,division ,chief of the ,national ,renewable ,energy ,coordination ,office of the ,bureau of ,land ,management2 and 7,,iii7 the ,director of the ,bureau of ,land ,management2 7ii7 provide dispute resolution services between the individual field offices of the ,bureau of ,land ,management and applicants for geothermal resource permits2 7iii7 monitor and facilitate permit processing practices and timelines across individual field offices of the ,bureau of ,land ,management2 7iv7 develop best practices for the permitting and leasing process for geothermal resources2 and 7v7 coordinate with the ,federal ,permitting ,improvement ,steering ,council4 7,c7 ,report ,the ,geothermal ,ombudsman appointed under paragraph 7#a7 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-- 7i7 describes the activities carried out by the ,geothermal ,ombudsman during the preceding year2 and 7ii7 evaluates the effectiveness of geothermal permit processing during the preceding year4 7b7 ,permitting compliance on non-,federal land 7#a7 ,certain oil and gas activities on non-federal surface 7,a7 ,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 subparagraph 7,c71 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 any action occurring within an oil and gas drilling or spacing unit if-- 7i7 the ,federal ,government-- 7,i7 owns fewer 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 drilling2 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 7,b7 ,state permits to drill and drilling plans ,for each ,state permit to drill or drilling plan that would impact or extract oil and gas owned by the ,federal ,government-- 7i7 each lessee of ,federal minerals in the unit 7or a designee7 shall-- 7,i7 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,,ii7 provide to the ,secretary of the ,interior a copy of the application described in subclause 7,i7 not later than #e days after the date on which the permit or plan is submitted2 7ii7 each lessee described in clause 7i7 7or a designee71 and each applicable ,state1 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 7iii7 as a condition of commencing drilling operations1 each lessee described in clause 7i7 7or a designee7 shall provide to the ,secretary of the ,interior an agreement authorizing the ,secretary of the ,interior to enter non-,federal land1 as necessary for inspection and enforcement of the terms of the ,federal lease4 7,c7 ,nonapplicability to ,indian lands ,subparagraph 7,a7 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 7,d7 ,effect ,nothing in this paragraph affects-- 7i7 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 7ii7 the amount of royalties due to the ,federal ,government from the production of the ,federal minerals within an oil or gas drilling or spacing unit4 7#b7 ,permitting compliance for certain geothermal activities on non-federal surface ,the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq47 is amended by adding at the end the following3 #cj4 ,no ,federal drilling permit required for certain geothermal activities on non-,federal surface 7a7 ,prohibition ,the ,secretary shall not require an operator to obtain a ,federal drilling permit or equivalent ,federal drilling approval for any geothermal exploration or production activity conducted on a non-,federal surface estate1 subject to the conditions that-- 7#a7 the ,united ,states holds an ownership interest of less than #ej percent of the subsurface geothermal estate to be accessed by the proposed action2 and 7#b7 the operator shall submit to the ,secretary a ,state permit or other ,state authorization to conduct geothermal exploration or production activities on the non-,federal surface estate1 in accordance with subsection 7b74 7b7 ,state permits and authorizations 7#a7 ,application ,on submission to an applicable ,state by an operator described in subsection 7a7 of an application for a ,state permit or authorization described in subsection 7a77#b71 the operator shall-- 7,a7 notify the ,secretary of the submission2 and 7,b7 not later than #e days after the date of the submission1 provide to the ,secretary a copy of the application4 7#b7 ,approval notice ,not later than #de days after the date on which the ,state permit or other ,state authorization is approved by the applicable ,state1 the operator or the ,state shall notify the ,secretary of the approval4 7#c7 ,access agreements ,as a condition of commencing operations under this section1 an operator shall provide to the ,secretary an agreement authorizing the ,secretary to enter non-,federal land1 as necessary for inspection and enforcement of the terms of any applicable ,federal geothermal lease1 including for production accountability and royalty verification4 7c7 ,royalties and production accountability 7#a7 ,royalties ,nothing in this section affects the amount of royalties due to the ,united ,states under this ,act from the production or use of geothermal resources or byproducts4 7#b7 ,inspections ,the ,secretary may conduct onsite reviews and inspections to ensure proper accountability1 measurement1 and reporting of production and payment of royalties under this ,act4 7d7 ,exceptions ,this section shall not apply to-- 7#a7 any action carried out on-- 7,a7 land located within the boundaries of an ,indian reservation1 pueblo1 or rancheria2 or 7,b7 land not located within the boundaries of an ,indian reservation1 pueblo1 or rancheria1 the title to which is held-- 7i7 in trust by the ,united ,states for the benefit of an ,indian ,tribe or an individual ,indian2 7ii7 by an ,indian ,tribe or an individual ,indian1 subject to restriction against alienation under laws of the ,united ,states2 or 7iii7 by a dependent ,indian community2 or 7#b7 any resource managed by the ,united ,states1 in trust for the benefit of an ,indian ,tribe4 4 7#c7 ,authority on non-,federal land for oil and gas leases ,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 ,regulation of surface-,disturbing activities 7#a7 ,in general ,the ,secretary of the ,interior1 or 2 and 7,b7 by adding at the end the following3 7#b7 ,effect of ,mineral ,leasing ,act 7,a7 ,in general ,in the case of an oil and gas lease under the ,mineral ,leasing ,act on land described in subparagraph 7,b7 that is 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 ,description of land ,land referred to in subparagraph 7,a7 is land with respect to which-- 7i7 the ,federal ,government-- 7,i7 owns fewer 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 relevant action2 7ii7 a 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 a 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 7e7 ,definition of operator ,in this section1 the term operator means any person that has taken responsibility in writing1 submitted to the ,secretary1 for geothermal exploration or production operations conducted under a lease issued under this ,act4 4