,,ii #aaith ,,congress #b;d ,session ,s4 #dgie ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #af1 #bjbf,mr4 ,cotton 7for himself and ,ms4 ,cortez ,masto7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,energy ,act of #bjbj to establish enforceable ,federal authorization timelines and expedited judicial remedies1 to limit ,federal actions halting fully permitted projects1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,fighting for ,reliable ,energy and ,ending ,doubt for ,open ,markets ,act or the ,,freedom ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,,title ,i--,amendment to ,energy ,act of #bjbj,sec4 #aja4 ,amendment to ,energy ,act of #bjbj4,,title ,,ii--,mining regulatory clarity,sec4 #bja4 ,hardrock mining mill sites4,,title ,,iii--,geothermal energy advancement,sec4 #cja4 ,effect of pending civil actions on processing applications relating to geothermal leasing4,sec4 #cjb4 ,cost recovery from geothermal leasing1 permitting1 and inspections4,sec4 #cjc4 ,publication of ,gold ,book for geothermal operations on ,federal land4,sec4 #cjd4 ,geothermal ,ombudsman and ,permitting ,task ,force4,sec4 #cje4 ,geothermal royalties4,sec4 #cjf4 ,,nepa review4 #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-- 7,a7 raises the cost of living for families in the ,united ,states2 and 7,b7 increases power prices for homes and businesses4 ,i ,amendment to ,energy ,act of #bjbj #aja4 ,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 #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 #abaja7;d74 7#d7 ,covered energy project ,the term covered energy project means any activity that-- 7,a7 requires an authorization from an agency2 7,b7 is carried out-- 7i7 in the ,united ,states2 or 7ii7 on the outer ,continental ,shelf 7as defined in section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca772 and 7,c7 involves 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 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 of competent jurisdiction in which a petition under subtitle ,b is filed4 7#aa7 ,routine authorization ,the term routine authorization means any authorization that is not a complex authorization4 ,a ,authorization timelines #abaja4 ,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-- 7i7 the general location of the proposed covered energy project2 and 7ii7 a summary of geospatial information1 if available1 illustrating-- 7,i7 the proposed project area2 and 7,,ii7 the locations of known environmental1 cultural1 and historic resources1 if any2 and 7,c7 a statement identifying all ,federal financing1 environmental reviews1 and authorizations anticipated to be required to carry out the proposed 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 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 known1 or reasonably anticipated1 to be 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 #abajb4 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 ,code1 that the lead agency anticipates will take longer than #ij days2 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 ,b4 #abajb4 ,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 #abaja7;a7 for the covered energy project is-- 7#a7 determined to be complete under section #abaja7;b77#a72 or 7#b7 deemed to be complete under section #abaja7;b77#c77;,b74 7b7 ,deadlines ,except as provided in subsections 7c7 and 7d71 each agency that receives from a project sponsor a notice of initiation under section #abaja7;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 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 authorization4 7c7 ,extension for environmental impact statements ,notwithstanding subsection 7b71 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 statement1 and for each final decision regarding an authorization for the covered energy project that depends on completion of that environmental impact statement1 shall be the date that is #b years after the completed notice date4 7d7 ,earlier deadlines under other ,federal law ,if another provision of ,federal law requires an agency to issue a final decision regarding an authorization by a date that is earlier than the applicable deadline 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 #abaja7;c77#c77;,a7 shall be-- 7,a7 considered to be an agency action unlawfully withheld or unreasonably delayed under section #gjf7a7 of title #e1 ,united ,states ,code2 and 7,b7 subject to review by a reviewing court under subtitle ,b4 7#b7 ,exceptions ,the failure by an agency to adhere to a deadline under this section or a milestone under section #abaja7;c77#c77;,a7 shall not be considered to be an agency action unlawfully withheld or unreasonably delayed under section #gjf7a7 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 #abajc4 ,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 #abbjd7;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 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 prior 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 relating 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 7including regulations7 and technical standards relevant to the analyses performed by the contractor2 7,b7 certify under penalty of perjury that the work product of the contractor-- 7i7 is factually accurate1 to the best of the knowledge and belief of the contractor2 7ii7 was prepared using generally accepted professional methods2 and 7iii7 complies with applicable professional standards and practices2 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 #abajd7;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 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 agency1 or any ,state or local agency1 identified as a cooperating agency in the project schedule under section #abaja7;c77#b71 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 independently evaluate the documentation1 take responsibility for the contents1 and 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 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 #abajd4 ,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 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 to pay the costs of any contractor approved by a reviewing court under section #abajc7;b74 7c7 ,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 #abaje4 ,effective date 7a7 ,in general ,this subtitle shall apply to any notice of initiation submitted under section #abaja7;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 #abajb7;a77 shall be deemed to be the date that is #abj days after that date of enactment4 ,b ,judicial review #abbja4 ,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 #abbjb 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 #abaja7;c77#c77;,a72 or 7ii7 a deadline applicable to the covered energy project under section #abajb2 or 7#c7 an order1 directive1 suspension1 revocation1 or other action described in section #abcja7;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 #abcja7;b74 7#b7 ,a court order compelling agency action or other relief for an unreasonable delay in the authorization process1 in accordance with this title4 7#c7 ,review of the designation of an authorization as a complex authorization pursuant to section #abaja7;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 7e7 ,savings clause ,nothing in this title waives1 limits1 constitutes an election of remedies against1 or establishes an exclusive statutory remedy that precludes1 any claim by a project sponsor or other entity for just compensation under the ,fifth ,amendment to the ,constitution of the ,united ,states4 #abbjb4 ,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 ,actions relating to fully permitted projects ,a petition alleging that an agency violated section #abcja 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 #abcja2 and 7ii7 the project sponsor has suffered or will suffer harm as a direct result of the action described in clause 7i74 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 #abaja7;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 #abaja7;b77#a72 or 7,,ii7 deemed to be complete under section #abaja7;b77#c77;,b72 7iii7 the applicable deadline for a final decision relating to an authorization for the covered energy project under section #abajb 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 #abaja7;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 #abaja7;c71 or the designation of an authorization as a complex authorization under section #abaja7;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 for a cause of action described in section #abbja7;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 for a cause of action described in section #abbja7;a77#b7 may be filed beginning on the date that is #cj days after the date of the applicable missed deadline or milestone4 7#c7 ,actions relating to fully permitted projects ,a petition under this subtitle for a cause of action described in section #abbja7;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 #abaja7;c77#b7 in the project schedule for the covered energy project that is the subject of the petition4 #abbjc4 ,review by reviewing courts 7a7 ,standard of review 7#a7 ,in general ,a 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 #abbjb7;b74 7,b7 ,multiple respondents ,if multiple agency heads are named in a petition as respondents under section #abbjb7;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 #abbja7;a77#b7 shall include1 as applicable-- 7i7 the notice of initiation submitted under section #abaja7;a72 7ii7 any completeness or deficiency designation of that notice under section #abaja7;b72 7iii7 the project schedule published under section #abaja7;c72 and 7iv7 any other materials the reviewing court determines to be necessary to resolve the petition4 7b7 ,representation of respondents ,a respondent named under section #abbjb7;b7 shall be represented in accordance with section #eah7;a7 of title #bh1 ,united ,states ,code4 7c7 ,additional submissions ,in addition to the documents and information required under section #abbjb7;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 remedy4 7d7 ,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 remedy4 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 #abbjd4 ,expedited procedure2 relief2 appeals 7a7 ,expedited procedure ,a 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 as expeditiously as practicable4 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#b74 7#b7 ,actions by reviewing court ,a reviewing court that makes a finding described in paragraph 7#a7 shall1 as applicable-- 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 and 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 order4 7c7 ,appeals ,any party aggrieved by a final judgment of a reviewing court under this subtitle1 other than a judgment of a ,united ,states court of appeals1 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 #fj days after the date of entry of the judgment4 ,c ,fully permitted projects #abcja4 ,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 7d7 ,effective date ,this section shall apply to any order1 directive1 suspension1 revocation1 or other agency action described in subsection 7b7 that is issued or carried out on or after the date of enactment of this title4 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,sec4 #abjja4 ,definitions4,subtitle ,a--,authorization timelines,sec4 #abaja4 ,notices of initiation2 project schedules4,sec4 #abajb4 ,authorization deadlines4,sec4 #abajc4 ,reviewing court-approved contractors4,sec4 #abajd4 ,permitting ,performance ,fund4,sec4 #abaje4 ,effective date4,subtitle ,b--,judicial review,sec4 #abbja4 ,causes of action4,sec4 #abbjb4 ,petition requirements4,sec4 #abbjc4 ,review by reviewing courts4,sec4 #abbjd4 ,expedited procedure2 relief2 appeals4,subtitle ,c--,fully permitted projects,sec4 #abcja4 ,treatment of fully permitted projects4 4 ,,ii ,mining regulatory clarity #bja4 ,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 from1 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 is required to submit1 and the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 is required to approve1 before the 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 the mineral character of which has not been determined4 7#b7 ,authorization ,notwithstanding subsections 7a7 and 7b71 if 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 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-db2 #ach ,stat4 #bhd74 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 appropriation1 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 sentence-- 7,i7 by striking the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh to #bh;e7 and inserting sections #bcai through #bcdd of the ,revised ,statutes 7#cj ,u4,s4,c4 #bb et seq472 and 7,,ii7 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 ,geothermal energy advancement #cja4 ,effect of pending civil actions on processing applications relating to geothermal leasing ,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 ,effect of pending civil actions on processing applications relating to geothermal leasing 7#a7 ,definition of authorization ,in this subsection1 the term authorization means any license1 permit1 approval1 finding1 determination1 or other administrative decision issued by a ,federal agency1 or any interagency consultation1 that is required or authorized under ,federal law 7including regulations7 in order to site1 construct1 reconstruct1 or commence operation of a geothermal project administered by a ,federal agency4 7#b7 ,requirement to process applications ,notwithstanding any pending civil action that affects an application for a geothermal drilling permit1 sundry notice1 notice to proceed1 right-of-way1 or any other authorization under a valid existing geothermal lease1 the ,secretary shall1 unless a ,federal court vacates or provides injunctive relief for the applicable geothermal lease1 geothermal drilling permit1 sundry notice1 notice to proceed1 right-of-way1 or other authorization1 approve and issue1 or deny1 each such application not later than #fj days after completing all requirements under applicable ,federal laws 7including regulations71 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 and division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code4 7#c7 ,no new authority for ,federal courts ,nothing in this subsection modifies any existing authority of a ,federal court to vacate or provide injunctive relief for a geothermal lease1 geothermal drilling permit1 sundry notice1 notice to proceed1 right-of-way1 or other authorization4 4 #cjb4 ,cost recovery from geothermal leasing1 permitting1 and inspections 7a7 ,in general ,section #f of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajje7 is amended by adding at the end the following3 7j7 ,cost recovery 7#a7 ,in general ,during the period beginning on the date of enactment of the ,,freedom ,act and ending on ,september #cj1 #bjcc1 the ,secretary may require an applicant for1 or holder of1 a geothermal lease to reimburse the ,united ,states for all reasonable administrative and other costs incurred by the ,united ,states from-- 7,a7 processing the application for the geothermal lease1 including any application for an operations plan1 geothermal drilling permit1 utilization plan1 site license1 facility construction permit1 commercial use permit1 and any other approval associated with a geothermal lease2 and 7,b7 inspecting and monitoring-- 7i7 geophysical exploration activities2 7ii7 the drilling1 plugging1 or abandonment of wells2 and 7iii7 the construction1 operation1 termination1 or reclamation of any well site or facility for the utilization of geothermal resources pursuant to the geothermal lease4 7#b7 ,factor for consideration ,in determining whether to require reimbursement under paragraph 7#a71 the ,secretary shall take into consideration whether there is in effect a cooperative cost-share agreement between the ,united ,states and the holder of a geothermal lease4 7#c7 ,adjustments ,the ,secretary may reduce the amount required to be reimbursed under paragraph 7#a7 if the ,secretary determines that-- 7,a7 full reimbursement would impose on the applicant an economic hardship2 or 7,b7 a less-than-full reimbursement is necessary to promote the greatest use of geothermal resources4 7#d7 ,use ,the amounts reimbursed under this subsection shall be-- 7,a7 credited to the currently applicable appropriation1 account1 or fund of the ,department of the ,interior as discretionary offsetting collections2 and 7,b7 available only to the extent provided in advance in appropriations ,acts for-- 7i7 processing applications for geothermal leases1 including any applications for operations plans1 geothermal drilling permits1 utilization plans1 site licenses1 facility construction permits1 commercial use permits1 and any other approval associated with geothermal leases2 and 7ii7 inspecting and monitoring-- 7,i7 geophysical exploration activities2 7,,ii7 the drilling1 plugging1 or abandonment of wells2 and 7,,iii7 the construction1 operation1 termination1 or reclamation of any well site or facility for the utilization of geothermal resources pursuant to geothermal leases4 4 7b7 ,report 7#a7 ,in general ,not later than #e years after the date of enactment of this ,act1 the ,secretary of the ,interior1 in consultation with representatives of the geothermal industry and other stakeholders1 shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives1 and make publicly available on the website of the ,department of the ,interior1 a report that includes-- 7,a7 an assessment of how the amendment made by subsection 7a7 affected the geothermal program of the ,bureau of ,land ,management during the preceding #e years2 7,b7 any recommendations for reauthorization of subsection 7j7 of section #f of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajje7 7as added by subsection 7a772 and 7,c7 any other recommendations for updates to-- 7i7 subsection 7j7 of section #f of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajje7 7as so added72 or 7ii7 the geothermal program of the ,bureau of ,land ,management4 7#b7 ,information ,in developing the report under paragraph 7#a71 the ,secretary of the ,interior shall solicit information from representatives of the geothermal industry and other stakeholders4 #cjc4 ,publication of ,gold ,book for geothermal operations on ,federal land 7a7 ,identification ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,interior1 in consultation with other relevant ,federal agencies1 shall identify standard procedures and guidelines for efficient and environmentally responsible geothermal leasing and permitting to the extent such standard procedures and guidelines are not addressed in the fourth edition of the document of the ,bureau of ,land ,management entitled ,surface ,operating ,standards and ,guidelines for ,oil and ,gas ,exploration and ,development1 commonly known as the ,gold ,book1 and most recently revised in #bjjg4 7b7 ,publication 7#a7 ,in general ,not later than #bgj days after identifying standard procedures and guidelines under subsection 7a71 the ,secretary of the ,interior shall publish an updated version of the ,gold ,book1 incorporating any changes necessary to support efficient and environmentally responsible geothermal leasing and permitting1 for use by the field offices of the ,bureau of ,land ,management and geothermal operators4 7#b7 ,renaming ,the ,secretary of the ,interior shall rename the ,gold ,book as the ,secretary determines to be appropriate to reflect the incorporation of standard procedures and guidelines relating to geothermal development4 7c7 ,consultation ,before publishing an updated version of the ,gold ,book under subsection 7b77#a71 the ,secretary of the ,interior shall consult with-- 7#a7 other relevant ,federal agencies1 including field offices of the ,bureau of ,land ,management2 and 7#b7 outside stakeholders1 including developers and other experts4 7d7 ,periodic revision ,the ,secretary of the ,interior shall-- 7#a7 not less frequently than once every #e years1 review the most recent version of the ,gold ,book 7or a successor to that book72 and 7#b7 as the ,secretary of the ,interior determines to be necessary to support efficient and environmentally responsible geothermal leasing and permitting1 publish an updated version of the ,gold ,book 7or a successor74 7e7 ,inclusions ,each updated version of the ,gold ,book 7or a successor to that book7 shall include standard procedures and guidelines for ensuring the efficient review and approval of environmentally responsible geothermal development1 including-- 7#a7 exploration and geophysical operations2 7#b7 permitting lease operations2 7#c7 compliance with all applicable laws 7including regulations72 7#d7 construction and maintenance2 and 7#e7 drilling1 production1 and utilization operations4 #cjd4 ,geothermal ,ombudsman and ,permitting ,task ,force 7a7 ,definitions ,in this section3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,land ,management4 7#b7 ,geothermal authorization ,the term geothermal authorization means any license1 permit1 approval1 finding1 determination1 or other administrative decision issued by the ,bureau 7including any interagency consultation7 that is required or authorized under ,federal law in order to site1 construct1 reconstruct1 or commence operation of a project that-- 7,a7 is located in whole or in part on land subject to geothermal leasing under section #c of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjb72 and 7,b7 uses geothermal energy to generate heat or electricity4 7#c7 ,geothermal ,ombudsman ,the term ,geothermal ,ombudsman means the ,geothermal ,ombudsman appointed under subsection 7b77#a74 7#d7 ,task ,force ,the term ,task ,force means the ,geothermal ,permitting ,task ,force established under subsection 7c77#a74 7b7 ,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 from within the ,bureau an individual to serve as ,geothermal ,ombudsman4 7#b7 ,duties ,the ,geothermal ,ombudsman shall-- 7,a7 act as a liaison between-- 7i7 the individual field1 district1 and ,state offices of the ,bureau2 7ii7 the ,division ,chief of the ,national ,renewable ,energy ,coordination ,office of the ,bureau2 and 7iii7 the ,director of the ,bureau2 7,b7 provide dispute resolution services for disputes between the individual field1 district1 and ,state offices of the ,bureau and applicants for geothermal authorizations2 7,c7 monitor and facilitate permit processing practices and timelines across individual field offices of the ,bureau2 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 7c7 ,geothermal ,permitting ,task ,force 7#a7 ,establishment ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of the ,interior shall establish within the ,bureau a task force1 to be known as the ,geothermal ,permitting ,task ,force4 7#b7 ,leadership ,the ,task ,force shall be headed by the ,geothermal ,ombudsman4 7#c7 ,permitting support ,the ,task ,force shall support the duties of the ,geothermal ,ombudsman under subsection 7b74 7#d7 ,cross-office personnel assignments 7,a7 ,in general ,the ,geothermal ,ombudsman1 acting as head of the ,task ,force1 may coordinate with any bureau or office of the ,department of the ,interior to assign personnel with relevant expertise to assist with the completion of geothermal authorizations in ,bureau field1 district1 or ,state offices other than the official duty stations at which such personnel are located if-- 7i7 the applicable bureau or office determines that such an assignment will not materially delay ongoing completion of geothermal authorizations within the applicable official duty station2 and 7ii7 approval is received from the head of that official duty station4 7,b7 ,assigned personnel requirements ,an employee assigned to assist with the completion of geothermal authorizations pursuant to subparagraph 7,a7 shall-- 7i7 work in-person full-time at an official office of the ,department of the ,interior2 7ii7 as the ,geothermal ,ombudsman determines to be necessary1 travel to the ,bureau field1 district1 or ,state office with jurisdiction over the geothermal authorizations to which the employee has been assigned2 7iii7 participate as part of the team of personnel working on geothermal authorizations to which the employee has been assigned2 and 7iv7 regularly report to the head of the ,bureau field1 district1 or ,state office with jurisdiction over the geothermal authorizations to which the employee has been assigned4 7,c7 ,retention allowances 7i7 ,in general ,subject to the availability of appropriations1 the ,geothermal ,ombudsman may pay a retention allowance to an employee assigned to assist with the completion of geothermal authorizations under subparagraph 7,a74 7ii7 ,requirements ,a retention allowance under clause 7i7-- 7,i7 shall be stated as the percentage of the rate of basic pay of the applicable employee1 subject to the condition that such an allowance may not exceed #be percent of that rate of basic pay2 7,,ii7 may not be considered to be part of the basic pay of the employee2 7,,iii7 may not be appealed on reduction or elimination2 and 7,,iv7 shall be paid at the same time and in the same manner as the basic pay of the employee is paid4 7iii7 ,factors for consideration ,in paying a retention allowance under clause 7i71 the ,geothermal ,ombudsman shall take into consideration-- 7,i7 any specialized expertise of the applicable employee relating to geothermal authorizations2 7,,ii7 the demonstrated need to retain an employee to meet the performance improvement objectives for geothermal authorization timelines and develop best practices for completion of geothermal authorizations2 and 7,,iii7 the difficulty in recruiting or replacing qualified personnel with relevant expertise relating to geothermal authorizations4 7,d7 ,savings clause ,the assignment of personnel pursuant to this paragraph shall not alter the underlying jurisdiction of any office of the ,bureau with respect to geothermal authorizations4 7d7 ,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-- 7#a7 describes the activities of the ,task ,force during the preceding year2 and 7#b7 evaluates the effectiveness of geothermal authorization processing during the preceding year4 #cje4 ,geothermal royalties 7a7 ,definitions 7#a7 ,in general ,section #b of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja7 is amended-- 7,a7 by striking the section designation and heading and all that follows through the term-- in the matter preceding subsection 7a7 and inserting the following3 #b4 ,definitions ,in this ,act3 2 7,b7 in each of subsections 7a7 through 7d71 by striking the semicolon at the end and inserting a period2 7,c7 in subsection 7c71 by striking resources and inserting resource2 7,d7 by striking subsection 7e72 7,e7 in subsection 7f7-- 7i7 in paragraph 7#a71 by striking ,section and inserting section2 7ii7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and indenting appropriately2 and 7iii7 by striking the subsection designation and all that follows through limited to1 in the matter preceding subparagraph 7,a7 7as so redesignated7 and inserting the following3 7f7 significant thermal feature within a unit of the ,national ,park ,system includes 2 7,f7 in subsection 7g71 by striking 2 and at the end and inserting a period2 7,g7 by redesignating subsections 7a71 7b71 7c71 7d71 7f71 and 7g7 as paragraphs 7#g71 7#d71 7#e71 7#a71 7#h71 and 7#b71 respectively1 indenting the paragraphs appropriately1 and moving the paragraphs so as to appear in numerical order2 7,h7 in each of paragraphs 7#a71 7#b71 7#d71 7#e71 7#g71 and 7#h7 7as so redesignated7-- 7i7 by inserting ,the term after the paragraph designation2 and 7ii7 by adding a paragraph heading1 the text of which comprises the term defined in the paragraph2 7,i7 by inserting after paragraph 7#b7 7as so redesignated7 the following3 7#c7 ,geothermal electric generating facility 7,a7 ,in general ,the term geothermal electric generating facility means a facility1 including all necessary equipment and structures 7including turbines and cooling equipment71 that produces electricity using geothermal resources4 7,b7 ,treatment ,for purposes of section #e7;a77#a71 a facility described in subparagraph 7,a7 shall be considered to be a separate facility from any other such facility unless the facility shares a turbine with the other facility4 2 and 7,j7 by inserting after paragraph 7#e7 7as so redesignated7 the following3 7#f7 ,in-service date ,the term in-service date1 with respect to a geothermal electric generating facility1 means the date on which the geothermal electric generating facility commences operation4 4 7#b7 ,conforming amendments 7,a7 ,section #f7;i7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajje7;i77 is amended by striking as defined in section #b7;c7 herein4 7,b7 ,section #bh7;a77#a7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajbf7;a77#a77 is amended1 in the matter preceding subparagraph 7,a71 by striking 1 as defined in section #b7;f714 7b7 ,royalties on electricity produced using geothermal resources ,section #e7;a7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjd7;a77 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 a royalty on electricity produced using geothermal resources1 other than direct use of geothermal resources1 in an amount equal to1 with respect to a geothermal electric generating facility producing electricity from geothermal resources-- 7,a7 not less than #a percent1 and not more than #b4e percent1 of the gross proceeds from the sale of electricity produced by the geothermal electric generating facility from those geothermal resources during each year of the #aj-year period beginning on the in-service date of the geothermal electric generating facility2 and 7,b7 not less than #b percent1 and not more than #e percent1 of the gross proceeds from the sale of electricity produced by the geothermal electric generating facility from those geothermal resources during each year after the #aj-year period described in subparagraph 7,a72 4 #cjf4 ,,nepa review ,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 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