,,ii #aaith ,,congress #b;d ,session ,s4 #efec ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #cj1 #bjbf,mrs4 ,capito 7for herself1 ,mr4 ,lee1 ,mr4 ,whitehouse1 and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to prescribe permitting reform1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,division ,a--,committee on ,environment and ,public ,works,t,i,t,l,e ,i--,national ,environmental ,policy ,act of #aifi,subtitle ,a--,declaration of ,environmental ,policy,sec4 #aaja4 ,purposes2 procedure2 savings provision4,sec4 #aajb4 ,definitions4,sec4 #aajc4 ,implementing procedures4,sec4 #aajd4 ,cooperation of agencies2 reports2 availability of information2 recommendations2 international and national coordination of efforts4,sec4 #aaje4 ,procedure for determination of level of review4,sec4 #aajf4 ,timely and unified ,federal reviews4,sec4 #aajg4 ,programmatic environmental document4,sec4 #aajh4 ,use of categorical exclusions by other agencies4,sec4 #aaji4 ,applications for authorizations4,sec4 #aaaj4 ,judicial review4,subtitle ,b--,council on ,environmental ,quality,sec4 #aaba4 ,council on ,environmental ,quality4,subtitle ,c--,federal ,permitting ,improvement,sec4 #aaca4 ,definitions4,sec4 #aacb4 ,environmental ,review and ,permitting ,tracker4,sec4 #aacc4 ,permitting ,improvement ,fund4,,title ,,ii--,clean ,water ,act,sec4 #abja4 ,water quality criteria4,sec4 #abjb4 ,clean ,water ,act permitting and ,state certification4,sec4 #abjc4 ,permit term for ,,npdes permits4,sec4 #abjd4 ,permits for dredged or fill material4,sec4 #abje4 ,judicial review timeline clarity4,,title ,,iii--,endangered ,species ,act of #aigc,sec4 #acja4 ,definitions4,sec4 #acjb4 ,timeline for ,section #g consultations4,sec4 #acjc4 ,projects in the operational right-of-way4,sec4 #acjd4 ,state assumption of consultation responsibilities4,sec4 #acje4 ,judicial review4,sec4 #acjf4 ,listing determinations4,sec4 #acjg4 ,authorization of appropriations4,sec4 #acjh4 ,national ,fish and ,wildlife ,foundation ,coastal ,state ,fund4,,title ,,iv--,project certainty,sec4 #adja4 ,maintaining ,federal authorizations or permits for projects with non-,federal sponsors4,sec4 #adjb4 ,ensuring fairness for specific types of covered projects4,sec4 #adjc4 ,avoiding unreasonable delays in permitting4,,division ,b--,committee on ,energy and ,natural ,resources,t,i,t,l,e ,i--,electric transmission,sec4 #baja4 ,transmission permitting4,sec4 #bajb4 ,reconductoring and other activities in existing rights-of-way4,sec4 #bajc4 ,transmission planning4,sec4 #bajd4 ,improvements relating to local transmission planning and development4,sec4 #baje4 ,prohibition of right of first refusal4,sec4 #bajf4 ,consolidated planning process4,sec4 #bajg4 ,ratepayer protection4,sec4 #bajh4 ,dispatchable energy systems market access4,sec4 #baji4 ,advanced transmission technologies4,sec4 #baaj4 ,expediting generator interconnection queues4,sec4 #baaa4 ,grid data access4,sec4 #baab4 ,power marketing administrations4,sec4 #baac4 ,,ferc fee assessments4,sec4 #baad4 ,collection of data on computational load entities4,sec4 #baae4 ,conforming amendments2 savings provision4,,title ,,ii--,energy ,permitting,subtitle ,a--,accelerating claims,sec4 #bbja4 ,accelerating claims4,subtitle ,b--,federal onshore energy leasing and permitting,sec4 #bbaa4 ,permitting compliance on non-,federal land4,sec4 #bbab4 ,rights-of-way across ,indian land4,sec4 #bbac4 ,accelerating renewable energy permitting4,sec4 #bbad4 ,electric grid projects4,sec4 #bbae4 ,hardrock mining mill sites4,subtitle ,c--,geothermal leasing and permitting,sec4 #bbba4 ,geothermal observation test projects4,sec4 #bbbb4 ,geothermal royalties4,sec4 #bbbc4 ,geothermal leasing reform4,sec4 #bbbd4 ,geothermal ombudsman and permitting task force4,sec4 #bbbe4 ,no ,federal permit required for geothermal activities on certain land4,sec4 #bbbf4 ,effect of pending civil actions on processing applications relating to geothermal leasing4,sec4 #bbbg4 ,cost recovery from geothermal leasing1 permitting1 and inspections4,sec4 #bbbh4 ,publication of ,gold ,book for geothermal operations on ,federal land4,sec4 #bbbi4 ,,nepa ,review4,subtitle ,d--,hydropower,sec4 #bbca4 ,identifying and removing market barriers to hydropower4,sec4 #bbcb4 ,certain conditions on issuance of licenses4,sec4 #bbcc4 ,hydropower maintenance and temporary adjustments4,sec4 #bbcd4 ,micro hydrokinetic energy projects4,subtitle ,e--,hiring and retention,sec4 #bbda4 ,federal ,energy ,regulatory ,commission staffing4,sec4 #bbdb4 ,northwest ,power and ,conservation ,council4,sec4 #bbdc4 ,federal ,energy ,regulatory ,commission personnel safety4,subtitle ,f--,offshore energy,sec4 #bbea4 ,offshore energy4,sec4 #bbeb4 ,offshore energy transmission4,,title ,,iii--,historic ,preservation,sec4 #bcja4 ,historic preservation4,sec4 #bcjb4 ,funding for the ,historic ,preservation ,fund2 use and availability2 grants for ,tribal ,historic ,preservation officers2 additional funding4 ,a ,committee on ,environment and ,public ,works ,i ,national ,environmental ,policy ,act of #aifi ,a ,declaration of ,environmental ,policy #aaja4 ,purposes2 procedure2 savings provision ,section #b of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba7 is amended-- 7#a7 by striking the section heading and designation and all that follows through are3 ,to declare and inserting the following3 #b4 ,purposes2 procedure2 savings provision 7a7 ,purposes ,the purposes of this ,act are-- 7#a7 to declare 2 7#b7 in subsection 7a7 7as so designated7-- 7,a7 in paragraph 7#a7 7as so designated71 by striking to promote and inserting the following3 7#b7 to promote 2 7,b7 in paragraph 7#b7 7as so designated71 by striking to enrich and inserting the following3 7#c7 to enrich 2 and 7,c7 in paragraph 7#c7 7as so designated71 by striking to establish a ,council on ,environmental ,quality and inserting the following3 7#d7 to establish a ,council on ,environmental ,quality 2 and 7#c7 by adding at the end the following3 7b7 ,procedure ,this ,act prescribes a procedure by which ,federal agencies shall consider and inform the public about the reasonably foreseeable environmental effects of major ,federal actions on the human environment of the ,united ,states1 the result of which shall be an informational document for the purposes of consideration in ,federal decisionmaking4 7c7 ,savings provision ,nothing in this ,act mandates a particular outcome as a result of the use of the procedure described in subsection 7b74 4 #aajb4 ,definitions 7a7 ,in general ,the ,national ,environmental ,policy ,act of #aifi is amended by inserting after section #b 7#db ,u4,s4,c4 #dcba7 the following3 #c4 ,definitions ,in this ,act3 7#a7 ,agency ,,cerpo ,the term agency ,,cerpo means the chief environmental review and permitting officer of each key permitting agency1 as appointed by the head of the key permitting agency4 7#b7 ,authorization ,the term authorization means any lease1 right-of-way1 easement1 license1 permit1 approval1 finding1 determination1 or other administrative decision issued by a ,federal agency or any interagency consultation that is required or authorized under ,federal law to implement a proposed agency action4 7#c7 ,categorical exclusion ,the term categorical exclusion means a category of actions that a ,federal agency has determined1 or ,congress has deemed by statute1 normally does not significantly affect the quality of the human environment1 within the meaning of section #ajb7b77;,c74 7#d7 ,chairman ,the term ,chairman means the ,chairman of the ,council4 7#e7 ,cooperating agency ,the term cooperating agency means any ,federal1 ,state1 ,tribal1 or local agency 7including a county1 borough1 parish1 city1 and any other political subdivision of a ,state7 that has been designated as a cooperating agency under section #ajg7;a77#b77;,a74 7#f7 ,council ,the term ,council means the ,council on ,environmental ,quality established by section #bjb4 7#g7 e,n,e,p,a technologies ,the term e,n,e,p,a technologies means digital tools1 applications1 and other technological capabilities used by agencies to support the responsibilities of the agency with respect to environmental review or other types of authorizations4 7#h7 ,environmental assessment ,the term environmental assessment means an environmental assessment prepared under section #ajf7;b77#a77;,a74 7#i7 ,environmental document ,the term environmental document means an environmental impact statement1 an environmental assessment1 or a finding of no significant impact4 7#aj7 ,environmental impact statement ,the term environmental impact statement means a detailed written statement that is required by section #ajb7b77;,c74 7#aa7 ,environmental infrastructure program or authority 7,a7 ,in general ,the term environmental infrastructure program or authority means a program or authority of the ,secretary of the ,army to provide assistance to a non-,federal interest for carrying out water-related environmental infrastructure or environmental assistance and resource protection and development projects4 7,b7 ,inclusions ,the term environmental infrastructure program or authority includes-- 7i7 section #aaac of the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #ajj ,stat4 #dbcb2 #aaj ,stat4 #cgai1 #acf ,stat4 #cgha2 #ach ,stat4 #cafa72 7ii7 section #bag of the ,water ,resources ,development ,act of #aiib 7#dc ,u4,s4,c4 #cij;h-#d note2 ,public ,law #ajb-ehj72 7iii7 section #bah of the ,water ,resources ,development ,act of #aiib 7#dc ,u4,s4,c4 #cij;h-#e note2 ,public ,law #ajb-ehj72 7iv7 section #bai of the ,water ,resources ,development ,act of #aiib 7,public ,law #ajb-ehj2 #ajf ,stat4 #dhce72 7v7 section #bbj of the ,water ,resources ,development ,act of #aiib 7,public ,law #ajb-ehj2 #ajf ,stat4 #dhcf72 7vi7 section #cac of the ,water ,resources ,development ,act of #aiib 7,public ,law #ajb-ehj2 #ajf ,stat4 #dhde72 7vii7 section #cbd of the ,water ,resources ,development ,act of #aiib 7,public ,law #ajb-ehj2 #ajf ,stat4 #dhdi72 7viii7 section #cdj of the ,water ,resources ,development ,act of #aiib 7,public ,law #ajb-ehj2 #ajf ,stat4 #dhef72 7ix7 section #ebb of the ,water ,resources ,development ,act of #aiif 7,public ,law #ajd-cjc2 #aaj ,stat4 #cgff72 7x7 section #eca of the ,water ,resources ,development ,act of #aiif 7,public ,law #ajd-cjc2 #aaj ,stat4 #cggc72 7xi7 section #eeb of the ,water ,resources ,development ,act of #aiif 7,public ,law #ajd-cjc2 #aaj ,stat4 #cggi72 7xii7 section #eff of the ,water ,resources ,development ,act of #aiif 7,public ,law #ajd-cjc2 #aaj ,stat4 #cghf72 7xiii7 section #ehd of the ,water ,resources ,development ,act of #aiif 7,public ,law #ajd-cjc2 #aaj ,stat4 #cgia72 7xiv7 section #efi of the ,water ,resources ,development ,act of #aiii 7,public ,law #ajf-ec2 #aac ,stat4 #cfh72 7xv7 section #egj of the ,water ,resources ,development ,act of #aiii 7,public ,law #ajf-ec2 #aac ,stat4 #cfi72 7xvi7 section #ega of the ,water ,resources ,development ,act of #aiii 7,public ,law #ajf-ec2 #aac ,stat4 #cga72 7xvii7 section #egc of the ,water ,resources ,development ,act of #aiii 7,public ,law #ajf-ec2 #aac ,stat4 #cgb72 7xviii7 section #eib of the ,water ,resources ,development ,act of #aiii 7,public ,law #ajf-ec2 #aac ,stat4 #cgi72 7xix7 section #eic of the ,water ,resources ,development ,act of #aiii 7,public ,law #ajf-ec2 #aac ,stat4 #chj72 7xx7 section #eid of the ,water ,resources ,development ,act of #aiii 7,public ,law #ajf-ec2 #aac ,stat4 #cha72 7xxi7 section #eie of the ,water ,resources ,development ,act of #aiii 7,public ,law #ajf-ec2 #aac ,stat4 #chc72 7xxii7 section #ebh of the ,water ,resources ,development ,act of #bjjj 7,public ,law #ajf-eda2 #aad ,stat4 #bfeg72 7xxiii7 section #edb of the ,water ,resources ,development ,act of #bjjj 7,public ,law #ajf-eda2 #aad ,stat4 #bfga72 7xxiv7 section #ejci of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #abjf72 7xxv7 section #ejfa of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #abae72 7xxvi7 section #ejfe of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #abag72 7xxvii7 section #ejgd of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #abbc72 7xxviii7 section #ejhb of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #abbf72 7xxix7 section #ejhe of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #abbh72 7xxx7 section #eaac of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #abcg72 7xxxi7 section #eacj of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #abdg72 7xxxii7 section #each of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #abej72 7xxxiii7 section #eadj of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #abea72 7xxxiv7 section #hcai of the ,water ,resources ,development ,act of #bjbb 7,public ,law #aag-bfc2 #acf ,stat4 #cghd72 7xxxv7 section #hcec of the ,water ,resources ,development ,act of #bjbb 7,public ,law #aag-bfc2 #acf ,stat4 #chjj72 7xxxvi7 section #hcei of the ,water ,resources ,development ,act of #bjbb 7,public ,law #aag-bfc2 #acf ,stat4 #chjb72 7xxxvii7 section #accb of the ,water ,resources ,development ,act of #bjbd 7,public ,law #aah-bgb2 #ach ,stat4 #cade72 7xxxviii7 section #acdj of the ,water ,resources ,development ,act of #bjbd 7,public ,law #aah-bgb2 #ach ,stat4 #cadi72 7xxxix7 section #acdd of the ,water ,resources ,development ,act of #bjbd 7,public ,law #aah-bgb2 #ach ,stat4 #caec72 7xl7 section #acdh of the ,water ,resources ,development ,act of #bjbd 7,public ,law #aah-bgb2 #ach ,stat4 #caeg72 7xli7 section #acdi of the ,water ,resources ,development ,act of #bjbd 7,public ,law #aah-bgb2 #ach ,stat4 #caeh72 and 7xlii7 any other similar program or authority that the ,secretary of the ,army determines to be appropriate4 7#ab7 ,environmental review ,the term environmental review means the agency procedures and processes for preparing an environmental document for a proposed agency action under this ,act4 7#ac7 ,finding of no significant impact ,the term finding of no significant impact means a determination that a proposed agency action does not require the issuance of an environmental impact statement4 7#ad7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#ae7 ,key ,permitting agency 7,a7 ,in general ,the term key permitting agency means a ,federal agency that commonly engages in environmental review or other types of authorizations4 7,b7 ,inclusions ,the term key permitting agency includes-- 7i7 the ,department of ,agriculture2 7ii7 the ,department of ,commerce2 7iii7 the ,department of the ,interior2 7iv7 the ,department of ,energy2 7v7 the ,department of ,transportation2 7vi7 the ,department of ,defense2 7vii7 the ,environmental ,protection ,agency2 7viii7 the ,federal ,energy ,regulatory ,commission2 7ix7 the ,nuclear ,regulatory ,commission2 7x7 the ,department of ,homeland ,security2 7xi7 the ,department of ,housing and ,urban ,development2 7xii7 the ,corps of ,engineers2 7xiii7 the ,advisory ,council on ,historic ,preservation2 and 7xiv7 any other ,federal agency1 as determined by the ,chairman4 7#af7 ,lead agency ,the term lead agency means1 with respect to a proposed agency action-- 7,a7 the ,federal agency that proposed such action under section #ajg7;a77#a77;,a77i72 7,b7 the ,federal agency designated under section #ajg7;a77#a77;,a77ii72 or 7,c7 the ,federal agency designated by the ,chairman under section #ajg7;a77#a77;,b77ii74 7#ag7 ,made public2 make public ,the terms made public and make public1 with respect to a document1 mean that the document is published in a single location on the primary website of the applicable ,federal agency with-- 7,a7 hyperlinks to the document prominently displayed on the website2 and 7,b7 the date of initial publication of the document displayed and maintained on the website4 7#ah7 ,major ,federal action 7,a7 ,in general ,the term major ,federal action means a proposed agency action subject to the requirements of this ,act that the agency carrying out the proposed agency action determines is subject to substantial ,federal control and responsibility4 7,b7 ,exclusions ,the term major ,federal action does not include-- 7i7 a proposed agency action associated with a non-,federal project or undertaking-- 7,i7 with no or minimal ,federal funding2 7,,ii7 with no or minimal ,federal involvement where a ,federal agency cannot control the outcome of the project or undertaking2 or 7,,iii7 for which the only ,federal involvement is a loan guarantee or loan2 7ii7 funding assistance solely in the form of general revenue-sharing funds which do not provide ,federal agency compliance or enforcement responsibility over the subsequent use of such funds2 7iii7 grants 7including capitalization grants71 cost-share awards1 or other forms of financial assistance where a ,federal agency does not exercise predominant control and responsibility over the subsequent use of such financial assistance or the environmental effect of the action2 7iv7 business loan guarantees provided by the ,small ,business ,administration pursuant to subsection 7a7 or 7b7 of section #g of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7 or title ,v of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fie et seq472 7v7 bringing judicial or administrative civil or criminal enforcement actions2 7vi7 extraterritorial activities or decisions1 which means agency activities or decisions with effects located entirely outside of the territory of the ,united ,states or the outer ,continental ,shelf 7as defined in section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca772 7vii7 activities or decisions that are non-discretionary and made in accordance with the statutory authority of the agency2 7viii7 routine agency actions that are administrative in nature1 including actions relating to personnel and fiscal management1 training1 recordkeeping1 procurement1 budgeting1 travel1 the repair of ,federal facilities to return those facilities to their previous condition1 or the maintenance of ,federal facilities1 subject to the condition that the cost of the action does not exceed #aj1jjj1jjj2 7ix7 notwithstanding any other provision of law1 any proposed agency action associated with a project to repair1 reconstruct1 restore1 retrofit1 or replace lifeline infrastructure 7as defined in section #d of the ,earthquake ,hazards ,reduction ,act of #aigg 7#db ,u4,s4,c4 #ggjc7 and referred to in this clause as lifeline infrastructure71 if the head of the relevant ,federal agency determines the repair1 reconstruction1 restoration1 retrofit1 or replacement is in the immediate vicinity of the lifeline infrastructure and does not alter the function or increase the capacity of the lifeline infrastructure by more than #bj percent as compared to the capacity of the original condition of the lifeline infrastructure1 subject to the condition that1 in the case of lifeline infrastructure that is a highway or bridge1 the repair1 reconstruction1 restoration1 retrofit1 or replacement of that highway or bridge does not result in additional through travel lanes2 7x7 notwithstanding any other provision of law1 any proposed agency action associated with a geothermal observation test project 7as defined in section #cj7;a7 of the ,geothermal ,steam ,act of #aigj72 7xi7 notwithstanding any other provision of law1 any proposed agency action associated with transmission activities described in section #baf;,a7b7 of the ,federal ,power ,act2 7xii7 notwithstanding any other provision of law1 any proposed agency action associated with a covered activity 7as defined in subsection 7i77#a7 of section #g of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f772 7xiii7 a proposed agency action1 the effects of which were previously evaluated by another agency in compliance with this ,act2 or 7xiv7 any proposed agency action associated with a project-- 7,i7 carried out under-- 7aa7 a continuing authority program 7as defined in section #gjja7;c77#a77;,d77iii7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d7c77#a77;,d77iii7772 or 7bb7 an environmental infrastructure program or authority2 and 7,,ii7 for which the ,federal share of the cost of that project does not exceed #ej1jjj1jjj4 7#ai7 ,programmatic environmental document ,the term programmatic environmental document means an environmental assessment or environmental impact statement analyzing all or some of the environmental effects of a policy1 program1 plan1 or group of related actions4 7#bj7 ,project sponsor ,the term project sponsor means an entity1 including any ,federal1 private1 public-private1 ,state1 local 7including a county1 borough1 parish1 city1 and any other political subdivision of a ,state71 or ,tribal entity1 that seeks an authorization for a proposed agency action4 7#ba7 ,record of decision ,the term record of decision means a document1 which may be issued concurrent with or following a final environmental document1 that explains the decision of an agency with respect to a proposed agency action4 7#bb7 ,record of stakeholder engagement ,the term record of stakeholder engagement means a document1 not to exceed #bj pages1 including any citations or appendices1 detailing pre-application engagement of a project sponsor with local governmental1 ,tribal1 and community entities relating to an authorization for a proposed agency action for which an environmental review is required under this ,act that only includes the following3 7,a7 ,a brief list of pre-application engagement by the project sponsor with ,federal agencies relating to the authorization for the proposed agency action1 including the dates of meetings with the ,federal agencies4 7,b7 ,a list of pre-application engagement by the project sponsor with ,state1 local1 and ,tribal officials and local community entities relating to the authorization for the proposed agency action1 including the date of meetings with those officials1 a brief summary of any feedback received1 and any ways in which feedback from stakeholders was incorporated into the proposed agency action4 7#bc7 ,special expertise ,the term special expertise means statutory responsibility1 agency mission1 or related program experience4 7#bd7 ,state ,the term ,state means-- 7,a7 each of the several ,states of the ,united ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 and 7,g7 the ,united ,states ,virgin ,islands4 7#be7 ,state agency ,the term ,state agency means any agency1 department1 board1 commission1 or other government entity of a ,state4 7#bf7 ,statement of purpose and need ,the term statement of purpose and need means a brief summary by the lead agency that clearly explains-- 7,a7 the underlying purpose of the proposed agency action2 7,b7 the need for the proposed agency action2 and 7,c7 the goals of the project sponsor1 as applicable4 4 7b7 ,conforming amendments 7#a7 ,the ,national ,environmental ,policy ,act of #aifi is amended by striking section #aaa 7#db ,u4,s4,c4 #dccf;e74 7#b7 ,section #iiji7;c77#a7 of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7#ae ,u4,s4,c4 #dfei7;c77#a77 is amended by striking section #aaa of ,,nepa 7#db ,u4,s4,c4 #dccf;e7 and inserting section #c of ,,nepa4 7#c7 ,section #d7l77#b77;,f77i7 of the ,good ,samaritan ,remediation of ,abandoned ,hardrock ,mines ,act of #bjbd 7#cj ,u4,s4,c4 #abde note2 ,public ,law #aah-aee7 is amended by striking section #aaa of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;e7 and inserting section #c of the ,national ,environmental ,policy ,act of #aifi4 7#d7 ,section #bbcb7;a7 of the ,economic ,development ,reauthorization ,act of #bjbd 7#db ,u4,s4,c4 #cbaa note2 ,public ,law #aah-bgb7 is amended by striking section #aaa of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;e7 and inserting section #c of the ,national ,environmental ,policy ,act of #aifi4 7#e7 ,the ,servicemember ,quality of ,life ,improvement and ,national ,defense ,authorization ,act for ,fiscal ,year #bjbe 7,public ,law #aah-aei7 is amended-- 7,a7 in section #adab7;b77#b7 7#ej ,u4,s4,c4 #ih;b note71 by striking section #aaa of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;e7 and inserting section #c of the ,national ,environmental ,policy ,act of #aifi2 and 7,b7 in section #ceaa7;c77#c77;,a7 7#df ,u4,s4,c4 #ejeje note71 by striking section #aaa of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;e7 and inserting section #c of the ,national ,environmental ,policy ,act of #aifi4 #aajc4 ,implementing procedures ,section #ajc of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccc7 is amended-- 7#a7 by striking the section designation and all that follows through ,all agencies and inserting the following3 #ajc4 ,implementing procedures 7a7 ,initial review ,all agencies 2 and 7#b7 by adding at the end the following3 7b7 ,implementation requirements ,not later than #ahj days after the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf1 each agency of the ,federal ,government shall make any changes to the existing regulations1 procedures1 or policies of the agency that are necessary to implement the intent1 purposes1 and procedures set forth in this ,act 7including the amendments made to this ,act by the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf74 7c7 ,consistency ,to the maximum extent practicable1 the ,chairman shall work to standardize the procedures of all agencies of the ,federal ,government to implement this ,act4 7d7 ,technical assistance ,at the request of an agency of the ,federal ,government1 the ,chairman may provide technical assistance to that agency in carrying out subsection 7b74 4 #aajd4 ,cooperation of agencies2 reports2 availability of information2 recommendations2 international and national coordination of efforts ,section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 is amended-- 7#a7 by striking subparagraph 7,b7 and inserting the following3 7,b7 identify and develop methods and procedures1 to implement the requirements of this ,act1 in consultation with the ,chairman1 that-- 7i7 will ensure that presently unquantified environmental amenities and values may be given appropriate consideration in decisionmaking along with economic and technical considerations2 and 7ii7 are consistent with the requirements for minimum functional requirements and data and technology standards for agency implementation of e,n,e,p,a technologies2 2 7#b7 in subparagraph 7,c7-- 7,a7 in the matter preceding clause 7i71 by striking responsible official and inserting lead agency2 7,b7 by indenting clauses 7i7 through 7v7 appropriately2 7,c7 in clause 7ii71 by striking proposal and inserting proposed agency action2 7,d7 in clause 7v71 by striking the period at the end and inserting a semicolon2 and 7,e7 in the undesignated matter following clause 7v71 in the second sentence-- 7i7 by striking ,council on ,environmental ,quality and inserting ,council2 and 7ii7 by striking proposal and inserting proposed agency action2 and 7#c7 in subparagraph 7,l71 by striking ,council on ,environmental ,quality established by title ,,ii of this ,act and inserting ,council4 #aaje4 ,procedure for determination of level of review ,section #ajf of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 by striking one of the agency's categorical exclusions and inserting #a or a combination of multiple categorical exclusions 7excluding multiple applications of the same or similar categorical exclusions that are based on size1 acreage1 or dollar amount thresholds7 of the agency2 and 7ii7 by inserting a categorical exclusion established by ,congress1 after section #aji of this ,act12 7,b7 in paragraph 7#c71 by striking or at the end2 7,c7 in paragraph 7#d71 by striking proposed action4 and inserting proposed agency action22 and 7,d7 by adding at the end the following3 7#e7 the proposed agency action relates to a project or action that has been reviewed pursuant to a ,state environmental review statute or a ,tribal environmental review statute1 ordinance1 resolution1 regulation1 or formally adopted policy and the lead agency determines that the review serves a similar function as ,federal agency compliance with this ,act2 or 7#f7 the agency determines the proposed agency action is an action for which compliance by the agency with the requirements of another ,federal law serves a similar function as compliance by the agency with this ,act with respect to the action4 2 7#b7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#a71 respectively1 and moving the paragraphs so as to appear in numerical order2 and 7,b7 in paragraph 7#a7 7as so redesignated7-- 7i7 in the first sentence1 by striking ,an agency and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 a lead agency 2 7ii7 in subparagraph 7,a7 7as so designated7-- 7,i7 in the first sentence-- 7aa7 by striking one of the agency's categorical exclusions and inserting #a or a combination of multiple categorical exclusions 7excluding multiple applications of the same or similar categorical exclusions that are based on size1 acreage1 or dollar amount thresholds7 of the agency2 and 7bb7 by inserting a categorical exclusion established by ,congress1 after section #aji of this ,act12 and 7,,ii7 in the second sentence1 by striking a ,federal and inserting the lead2 and 7iii7 by adding at the end the following3 7,b7 ,project sponsor request ,at the request of a project sponsor1 if a lead agency has begun the preparation of an environmental assessment pursuant to subparagraph 7,a71 the lead agency shall discontinue the preparation of the environmental assessment and proceed to the preparation of an environmental impact statement for the applicable proposed agency action4 2 and 7#c7 by adding at the end the following3 7c7 ,effect of threshold determination on other agencies ,if a lead agency determines that an environmental document is not required to be prepared with respect to a proposed agency action under subsection 7a71 no agency shall prepare an environmental document with respect to the proposed agency action4 4 #aajf4 ,timely and unified ,federal reviews ,section #ajg of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7 is amended-- 7#a7 by striking subsections 7a7 through 7c7 and inserting the following3 7a7 ,determination of agency roles and responsibilities 7#a7 ,lead agency 7,a7 ,designation 7i7 ,in general ,the ,federal agency that proposed the proposed agency action shall be the lead agency4 7ii7 ,two or more agencies ,if there are #b or more ,federal agencies that are required by law to make a decision relating to an authorization for which an environmental review is required under this ,act1 those agencies shall determine1 by letter or memorandum1 which ,federal agency shall be the lead agency for that environmental review based on consideration of-- 7,i7 the magnitude of the involvement of the ,federal agencies2 7,,ii7 the project approval or disapproval authority of those ,federal agencies2 7,,iii7 the expertise concerning the environmental effects of the proposed agency action2 7,,iv7 the duration of involvement of the ,federal agencies with respect to that proposed agency action2 and 7,v7 the sequence of the involvement of the ,federal agencies with respect to that proposed agency action4 7iii7 ,joint lead agencies 7,i7 ,in general ,in making a determination under clause 7ii71 the ,federal agencies participating in the environmental review may appoint such ,state1 ,tribal1 or local agencies as joint lead agencies1 as those ,federal agencies determine to be appropriate4 7,,ii7 ,responsibilities ,joint lead agencies appointed under subclause 7,i7 shall jointly fulfill the role described in subparagraph 7,c74 7,b7 ,delay in designation 7i7 ,request for designation 7,i7 ,in general ,any ,federal1 ,state1 ,tribal1 or local agency or project sponsor that is substantially affected by the lack of a designation of a lead agency with respect to a proposed agency action under subparagraph 7,a7 may submit a written request to a ,federal agency participating in the environmental review for the designation of a lead agency4 7,,ii7 ,transmission ,a ,federal agency that receives a request under subclause 7,i7 shall transmit that request to each ,federal agency participating in the environmental review and to the ,chairman4 7ii7 ,chairman designation 7,i7 ,request ,if the ,federal agencies participating in the environmental review are unable to agree on the designation of a lead agency not later than #ba days after the date on which the request was transmitted to a ,federal agency participating in the environmental review under clause 7i77,,ii71 the ,federal1 ,state1 ,tribal1 or local agency or project sponsor that is substantially affected by the lack of a designation of a lead agency may submit to the ,chairman a request to designate a lead agency1 which request shall consist of-- 7aa7 a precise description of the nature and extent of the proposed agency action2 and 7bb7 a detailed statement with respect to each ,federal agency participating in the environmental review and each factor described in subparagraph 7,a77ii7 regarding which ,federal agency shall serve as lead agency4 7,,ii7 ,transmission ,the ,chairman shall transmit a request received under subclause 7,i7 to each ,federal agency participating in the environmental review4 7,,iii7 ,response ,a ,federal agency participating in an environmental review may1 not later than #ad days after the date of the transmission of a request under subclause 7,,ii71 submit to the ,chairman a response to the request for consideration by the ,chairman4 7,,iv7 ,designation ,not later than #ba days after the date of the transmission of a request under subclause 7,,ii71 the ,chairman shall designate the lead agency with respect to the applicable proposed agency action4 7,v7 ,final and conclusive2 no judicial review ,any action taken by the ,chairman to designate a lead agency under this clause-- 7aa7 shall be final and conclusive2 and 7bb7 shall not be subject to judicial review4 7,c7 ,role of lead agency ,a lead agency shall1 with respect to a proposed agency action-- 7i7 supervise the preparation of an environmental document if1 with respect to such proposed agency action1 there is more than #a ,federal agency participating in the environmental review2 7ii7 request the participation of each cooperating agency at the earliest practicable time2 7iii7 in preparing an environmental document1 give consideration to any analysis or proposal created1 if applicable1 by a cooperating agency2 7iv7 develop a schedule1 in consultation with each cooperating agency1 the project sponsor1 and such other entities as the lead agency determines appropriate1 for completion of any environmental review or authorization required to carry out the proposed agency action2 7v7 meet with a cooperating agency that requests such a meeting2 7vi7 define and determine1 as appropriate1 the purpose and need1 the reasonable alternatives1 and the reasonably foreseeable environmental effects of the proposed agency action subject to the jurisdiction of the lead agency by law1 subject to the condition that the alternatives may include the use of land under the jurisdiction of another ,federal agency that has been designated as a cooperating agency2 7vii7 if the lead agency determines that an environmental review or authorization will not be completed in accordance with the schedule developed under clause 7iv71 submit a notification of any authorization or action by another ,federal agency responsible for the possible failure to meet that schedule to the ,chairman2 7viii7 presume that the effects of a no-action alternative will be negative for any proposed agency action carried out on1 or directly affecting1 ,tribal trust resources 7including lands and minerals7 when the action is initiated by the ,indian ,tribe for which the ,united ,states holds the affected ,tribal resources in trust2 and 7ix7 eliminate from consideration any alternative 7except for a no-action alternative7 that does not-- 7,i7 fulfill the purpose and need of the proposed agency action2 and 7,,ii7 meet the goals of an applicable non-,federal project sponsor4 7#b7 ,cooperating agencies 7,a7 ,designation 7i7 ,in general ,the lead agency may1 with respect to a proposed agency action1 designate any ,federal1 ,state1 ,tribal1 or local agency 7including a county1 borough1 parish1 city1 and any other political subdivision of a ,state7 that has jurisdiction by law with respect to any environmental effect involved in a proposed agency action to serve as a cooperating agency4 7ii7 ,requirements ,not later than #cj days after the date on which the lead agency issues1 consistent with section #aaj1 a notice of intent to prepare an environmental impact statement or informs the project sponsor that an environmental assessment is necessary1 the lead agency shall-- 7,i7 identify all ,federal and non-,federal agencies and governmental entities likely to require or provide authorization with respect to a proposed agency action2 and 7,,ii7 invite each agency identified under subclause 7,i7 to become a cooperating agency4 7iii7 ,acceptance or denial ,an agency invited under clause 7ii77,,ii7 shall accept or deny the invitation not later than #g days after the date on which the agency receives the invitation4 7iv7 ,limitations ,the designation of a cooperating agency under this subparagraph shall not-- 7,i7 give such cooperating agency authority or jurisdiction over the proposed agency action2 or 7,,ii7 expand any jurisdiction or authority such cooperating agency may have over the proposed agency action4 7v7 ,unidentified agencies ,in the event that an agency that has jurisdiction by law with respect to any environmental impact involved in a proposed agency action is not identified as a potential cooperating agency under clause 7ii77,i71 the lead agency shall-- 7,i7 invite such unidentified agency to become a cooperating agency by not later than #g days after becoming aware that the agency has jurisdiction by law with respect to the proposed agency action2 and 7,,ii7 if such agency accepts the invitation1 incorporate such agency into the schedule developed under paragraph 7#a77;,c77iv7 and update such schedule accordingly by not later than #ad days after the date on which such agency accepts the invitation4 7,b7 ,role of cooperating agencies 7i7 ,in general ,a cooperating agency may1 not later than a date specified in the schedule established by the lead agency under paragraph 7#a77;,c77iv71 submit comments to the lead agency4 7ii7 ,requirements ,comments submitted by a cooperating agency under clause 7i7 shall be limited to matters relating to the jurisdiction by law of the cooperating agency with respect to-- 7,i7 the reasonably foreseeable environmental effects of the proposed agency action2 and 7,,ii7 any applicable authorization required of the cooperating agency4 7iii7 ,assistance ,a cooperating agency may1 with the agreement of the lead agency1 assist in the preparation of an environmental document4 7iv7 ,sufficiency of analysis ,for the purpose of compliance with the requirements of this ,act1 a cooperating agency shall be bound by the purpose and need of the proposed agency action and consider only those alternatives to the proposed agency action that the lead agency has1 consistent with paragraph 7#a77;,c71 determined are reasonable4 7b7 ,coordination of agencies participating in an environmental review 7#a7 ,in general ,not later than #cj days after the date described in clause 7iii7 of subsection 7a77#b77;,a7 with respect to each agency invited to be a cooperating agency pursuant to clause 7ii77,,ii7 of that subsection1 the lead agency shall develop the schedule under subsection 7a77#a77;,c77iv7 for the applicable proposed agency action4 7#b7 ,requirements ,to the maximum extent practicable1 if a proposed agency action will require action by more than #a ,federal agency and the lead agency has determined that the proposed agency action requires preparation of an environmental document1 the lead agency and cooperating agencies shall-- 7,a7 evaluate the proposed agency action in a single environmental document2 7,b7 carry out the obligations of each respective agency concurrently1 and in conjunction with1 other environmental reviews and authorizations being conducted by other ,federal agencies1 unless the agency determines that doing so would impair the ability of the agency to carry out the statutory obligations of the agency2 and 7,c7 formulate and implement administrative1 policy1 and procedural mechanisms to ensure that the environmental review is coordinated1 environmentally responsible1 and enables the lead agency to comply with the deadlines described in subsection 7g74 7#c7 ,consideration of timing 7,a7 ,in general ,no ,federal agency shall be required to consider any scientific or technical research that becomes publicly available after the date of publication of a notice of intent or decision to prepare an environmental document for a proposed agency action4 7,b7 ,delay ,a ,federal agency may not delay the issuance of an environmental document or authorization beyond the deadline for the proposed agency action under subsection 7g7 on the basis of awaiting new scientific or technical research or information that was not available as of the date described in subparagraph 7,a7 for the proposed agency action4 7,c7 ,applicability to other law ,nothing in this paragraph affects any review of information required under subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code1 with respect to comments received during a public comment period1 as applicable4 7c7 ,public review 7#a7 ,publication in ,federal ,register ,each notice of intent to prepare an environmental impact statement under section #ajb shall be published in the ,federal ,register4 7#b7 ,public comment 7,a7 ,requirements ,each notice of intent to prepare an environmental impact statement under section #ajb shall include-- 7i7 a request for public comment on alternatives or impacts and on relevant information1 studies1 or analyses with respect to the proposed agency action2 and 7ii7 a concise description of the general location of the proposed agency action and a summary of geospatial information for the proposed agency action1 if available4 7,b7 ,comment period ,the lead agency shall establish a comment period of not less than #de days and not more than #fj days after the date on which the notice to prepare an environmental impact statement is published in the ,federal ,register1 unless the lead agency and project sponsor agree to a longer deadline1 which shall not exceed #ge days4 2 7#b7 in subsection 7e71 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#a71 respectively1 and moving the paragraphs so as to appear in numerical order2 7#c7 in subsection 7f7-- 7,a7 in the subsection heading1 by inserting and use of existing documents after preparation2 7,b7 by striking ,a lead agency and inserting the following3 7#a7 ,in general ,a lead agency 2 and 7,c7 by adding at the end the following3 7#b7 ,existing documents ,on the request of a project sponsor1 a lead agency shall consider and1 as appropriate1 adopt or incorporate by reference1 the analysis and documentation prepared for a proposed agency action under the laws and procedures of a ,state or an ,indian ,tribe as the documentation1 or part of the documentation1 required to complete an environmental review1 if the analysis and documentation were developed pursuant to laws and procedures of the ,state or ,indian ,tribe that serve a similar function as ,federal agency compliance with this ,act1 as determined by the lead agency4 2 7#d7 in subsection 7g7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general 7,a7 ,environmental assessments 7i7 ,in general ,except as provided in section #ajf7;b77#a77;,b7 or paragraph 7#b71 with respect to a proposed agency action1 a lead agency shall complete and make public the environmental assessment1 if applicable1 not later than the date that is #a year after the earlier of1 as applicable-- 7,i7 the date on which the lead agency determines that section #ajf7;b77#a77;,a7 requires the preparation of an environmental assessment with respect to the proposed agency action2 and 7,,ii7 the date on which the lead agency notifies the project sponsor that the application for the proposed agency action is complete4 7ii7 ,additional requirements ,on completion of an environmental assessment-- 7,i7 7aa7 not later than #g days after the date on which the lead agency completes and makes public the environmental assessment1 the lead agency shall issue a finding of no significant impact2 7bb7 not later than #ij days after the date on which the lead agency completes and makes public the environmental assessment1 all ,federal agencies participating in the environmental review shall issue and make public a decision on all outstanding authorizations for the proposed agency action2 and 7cc7 not later than #abj days after the date on which the lead agency completes and makes public the environmental assessment1 all ,federal agencies not participating in the environmental review shall issue and make public a decision on all outstanding authorizations for the proposed agency action2 or 7,,ii7 not later than #g days after the date on which the lead agency completes the environmental assessment1 the lead agency shall publish a notice of intent to prepare an environmental impact statement4 7,b7 ,environmental impact statements 7i7 ,in general ,except as provided in paragraph 7#b71 with respect to a proposed agency action1 the lead agency shall publish an environmental impact statement1 if applicable1 not later than the date that is #b years after the earlier of1 as applicable-- 7,i7 the date on which the lead agency determines that section #ajb7b77;,c7 requires the issuance of an environmental impact statement with respect to the proposed agency action2 and 7,,ii7 the date on which the lead agency notifies the project sponsor that the application for the proposed agency action is complete4 7ii7 ,additional requirements 7,i7 ,record of decision ,not later than #de days after the date on which the lead agency publishes an environmental impact statement for a proposed agency action1 the lead agency shall issue a record of decision4 7,,ii7 ,issuance of authorizations 7aa7 ,in general ,not later than #ij days after the date on which the lead agency publishes an environmental impact statement for a proposed agency action1 all ,federal agencies participating in the environmental review shall issue a decision on all outstanding authorizations for the proposed agency action4 7bb7 ,federal agencies not participating ,not later than #abj days after the date on which the lead agency publishes an environmental impact statement for a proposed agency action1 all ,federal agencies not participating in the environmental review shall issue and make public a decision on all outstanding authorizations for the proposed agency action4 7iii7 ,savings provision ,nothing in this subparagraph prohibits an agency from issuing an environmental impact statement and record of decision in a single document4 7,c7 ,dispute resolution 7i7 ,definition of eligible dispute or delay ,in this subparagraph1 the term eligible dispute or delay means a dispute or delay with respect to an environmental review or authorization involving more than #a ,federal agency for which a project sponsor sends a notification to the ,chairman under clause 7ii74 7ii7 ,notification of dispute ,the ,chairman1 in consultation with each ,federal agency participating in the environmental review for a proposed agency action1 shall1 to the maximum extent practicable to meet the deadlines established under this subsection and the schedule developed under subsection 7a77#a77;,c77iv71 facilitate resolution of an eligible dispute or delay1 including an anticipated delay1 between those ,federal agencies with respect to an environmental review or authorization not later than #cj days after the date of receipt of a notification from a project sponsor4 7iii7 ,determination of resolution ,if an eligible dispute or delay1 including an anticipated delay1 described in clause 7ii7 remains unresolved by the date that is #cj days after the date on which a notification is received under that clause1 the ,chairman1 not later than #ad days after that date1 shall determine a resolution and order the relevant agencies to the eligible dispute or delay1 including an anticipated delay1 to act in accordance with that determination as soon as practicable4 7iv7 ,final resolution ,notwithstanding any other provision of law1 any order given or action taken by the ,chairman in resolution of an eligible dispute or delay1 including an anticipated delay1 under clause 7iii7-- 7,i7 shall be final and conclusive2 7,,ii7 shall not be subject to judicial review2 and 7,,iii7 shall1 for purposes of judicial review of the ultimate agency action and all other ,federal law1 constitute full compliance with and satisfaction of any requirement for interagency consultation1 coordination1 concurrence1 authorization1 or other procedural obligation under ,federal law that is the subject of the dispute or delay4 2 7,b7 in paragraph 7#b7-- 7i7 by inserting applicable before deadline described in paragraph 7#a72 7ii7 by striking in consultation with the applicant and inserting with the approval of the project sponsor2 and 7iii7 by striking such environmental impact statement or environmental assessment and inserting the applicable environmental document2 and 7,c7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,failure to act 7,a7 ,in general ,if1 after #cj days have passed from the date on which the ,chairman determines that a key permitting agency has not acted in accordance with a determination under subparagraph 7,c77iii7 of paragraph 7#a7 and causes a failure to comply with a deadline in accordance with that paragraph or an extended deadline in accordance with paragraph 7#b71 each relevant agency ,,cerpo of the key permitting agency and each career employee of the key permitting agency within the ,senior ,executive ,service 7as defined in section #baja;a of title #e1 ,united ,states ,code7 that has supervisory authority over personnel in the key permitting agency and that has a substantive role or responsibility in reviewing the applicable environmental document or authorization that remains unpublished or unissued1 shall spend not less than #ej percent of the workweek1 as determined pursuant to title #e1 ,united ,states ,code1 or other applicable law1 to remedy the failure4 7,b7 ,no travel outside duty station ,if1 after #fj days have passed from the date on which a deadline described in paragraph 7#a7 or 7#b7 was failed to be met and the key permitting agency has not published or made public the applicable environmental document and has not issued all outstanding authorizations1 as described in those paragraphs1 with respect to a proposed agency action1 the head of the relevant key permitting agency shall not travel more than #be miles from their official duty station for the purposes of official business until the key permitting agency has published or made public the applicable environmental document and issued all outstanding authorizations related to the proposed agency action that are not in compliance with the requirements of this subsection4 7,c7 ,exception ,this paragraph shall not apply to the ,secretary of ,defense4 7#d7 ,causes of action 7,a7 ,definition of court of competent jurisdiction ,in this paragraph1 the term court of competent jurisdiction means-- 7i7 if a court has jurisdiction over an applicable proposed agency action pursuant to any other provision of ,federal law other than this ,act1 such court2 or 7ii7 if no such court exists under clause 7i71 the district court of the ,united ,states for the district in which a substantial part of the applicable proposed agency action is situated4 7,b7 ,right to petition ,a project sponsor may obtain judicial review of the compliance by a ,federal agency with the relevant deadline established under paragraph 7#a7 or 7#b7 by filing a written petition in a court of competent jurisdiction4 7,c7 ,exceptions ,the failure of a ,federal agency to publish in the ,federal ,register or make public an environmental document or issue a decision on all necessary authorizations shall not be considered failure to comply with the deadlines established under paragraph 7#a7 or 7#b7 if the ,federal agency proves by clear and convincing evidence that the failure was caused by-- 7i7 a natural disaster1 act of ,god1 or act of war that reasonably impaired the ability of the ,federal agency to comply with the relevant deadline established under paragraph 7#a7 or 7#b72 7ii7 a national emergency for which the only available response is to delay the publication or making public the environmental document or withhold decisions on the relevant authorizations by the relevant deadline established under paragraph 7#a7 or 7#b72 7iii7 the publication or making public of the environmental document or issuance of the authorization violating the statutory obligations of the ,federal agency2 7iv7 the completed application of the project sponsor under section #aaj being based on fraud or material misrepresentations of fact2 7v7 the project sponsor withholding information necessary to the ability of the ,federal agency to comply with its statutory obligations in publishing or making public an environmental document or issuing a decision on all necessary authorizations1 after the ,federal agency has made a reasonable and timely request for such information2 or 7vi7 a lapse in appropriations of more than #b weeks affecting #a or more of the relevant agencies involved in the preparation of the environmental documents or authorizations4 7,d7 ,remedy ,if a court of competent jurisdiction finds that a ,federal agency has failed to act in accordance with this subsection1 the court shall provide injunctive relief1 as appropriate1 to give effect to this section and retain jurisdiction to ensure compliance with any such relief4 7,e7 ,expedited procedures2 time to decide ,the reviewing court shall-- 7i7 establish an expedited schedule for briefing and disposition2 7ii7 issue a decision as expeditiously as practicable1 but not later than #abj days after the date on which the petition is filed1 absent extraordinary circumstances2 and 7iii7 if the petition for relief is granted1 issue an order requiring a decision on the covered application not later than #fj days after the date on which the order is issued4 2 and 7#e7 in subsection 7h7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate and inserting the ,chairman1 not later than ,april #ae of each year12 and 7ii7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 identifies each environmental document that was not completed by each lead agency by the deadline described in subsection 7g7 and provides an explanation for the failure to meet the deadline2 7,b7 identifies each environmental document the preparation of which commenced before the date of enactment of the ,fiscal ,responsibility ,act of #bjbc 7,public ,law #aah-e2 #acg ,stat4 #aj7 and is not yet complete at the time of the report and provides an explanation for the failure to complete the environmental document2 7,c7 details the on-time completion rate of each key permitting agency in adhering to applicable deadlines described in subsection 7g72 and 7,d7 details the progress of each key permitting agency in adhering to those deadlines as compared to the completion rate during the preceding year4 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking such environmental assessment and environmental impact statement and inserting applicable environmental document2 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 the earlier of-- 7i7 with respect to an environmental assessment1 as applicable-- 7,i7 the date on which the lead agency determines that section #ajf7;b77#a77;,a7 requires the preparation of an environmental assessment with respect to the proposed agency action2 and 7,,ii7 the date on which the lead agency notifies the project sponsor that the application for the proposed agency action is complete2 and 7ii7 with respect to an environmental impact statement1 as applicable-- 7,i7 the date on which the lead agency determines that section #ajb7b77;,c7 requires the issuance of an environmental impact statement with respect to the proposed agency action2 and 7,,ii7 the date on which the lead agency notifies the project sponsor that the application for the proposed agency action is complete2 and 2 and 7iii7 in subparagraph 7,c71 by striking environmental assessment and environmental impact statement and inserting environmental document2 and 7,c7 by adding at the end the following3 7#c7 ,compilation ,the ,chairman shall-- 7,a7 compile the reports received by the heads of lead agencies under paragraph 7#a7 each year2 7,b7 provide recommendations on how to improve the performance of ,federal agencies in adhering to the deadlines described in subsection 7g72 and 7,c7 submit that compilation of those reports and those recommendations to the ,committee on ,environment and ,public ,works of the ,senate and ,committee on ,natural ,resources of the ,house of ,representatives by not later than ,june #ae of the applicable year4 4 #aajg4 ,programmatic environmental document ,section #ajh of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;b7 is amended1 in each of paragraphs 7#a7 and 7#b71 by striking #e years and inserting #aj years4 #aajh4 ,use of categorical exclusions by other agencies ,section #aji of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;c7 is amended to read as follows3 #aji4 ,use of categorical exclusions by other agencies 7a7 ,agency notification to ,council 7#a7 ,available categorical exclusions ,not later than #cj days after the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf1 each ,federal agency shall submit to the ,council a notification of all categorical exclusions of the agency1 specifying whether the categorical exclusion was administratively created1 established by ,congress1 or adopted pursuant to subsection 7c74 7#b7 ,new categorical exclusions ,not later than #g days after the date on which a ,federal agency administratively creates a categorical exclusion1 a categorical exclusion under the jurisdiction of the applicable ,federal agency is established by ,congress1 or the ,federal agency adopts a categorical exclusion of another ,federal agency pursuant to subsection 7c71 the ,federal agency shall submit to the ,chairman a notification of the creation1 establishment1 or adoption1 as applicable1 of that categorical exclusion4 7b7 ,record of categorical exclusions ,the ,council shall maintain1 on the website of the ,council1 an accurate and publicly available record of each categorical exclusion that-- 7#a7 is created by a ,federal agency2 7#b7 has been established by ,congress2 or 7#c7 has been adopted by a ,federal agency pursuant to subsection 7c74 7c7 ,adoption of categorical exclusions by other agencies 7#a7 ,in general ,a ,federal agency may adopt a categorical exclusion of another ,federal agency listed in the record required under subsection 7b7 for which the categorical exclusion was established consistent with this subsection4 7#b7 ,requirements ,in adopting a categorical exclusion under paragraph 7#a71 a ,federal agency shall-- 7,a7 identify the categorical exclusion included on the record described in subsection 7b7 that covers a category of proposed agency actions or related actions2 7,b7 consult with the ,federal agency that established the categorical exclusion or carries out a categorical exclusion established by ,congress to ensure that the proposed adoption of the categorical exclusion to a category of proposed agency actions is appropriate2 and 7,c7 publicly document adoption of the categorical exclusion4 4 #aaji4 ,applications for authorizations ,section #aaj of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;d7 is amended to read as follows3 #aaj4 ,applications for authorizations 7a7 ,application ,sufficiency 7#a7 ,notification of complete or incomplete application ,unless a shorter deadline is specified by law1 in connection with a proposed agency action for which a project sponsor submitted an application for an authorization to a ,federal agency1 not later than #fj days after the date on which the project sponsor submits the application1 the ,federal agency shall-- 7,a7 document receipt of the application2 and 7,b7 7i7 notify the project sponsor that the application is complete2 or 7ii7 notify the project sponsor that the application is incomplete and request1 in writing1 any additional information that the ,federal agency needs to determine that the application is complete4 7#b7 ,agency determination 7,a7 ,complete determination ,if a ,federal agency determines that an application is complete under paragraph 7#a77;,b77i71 the ,federal agency shall1 not later than #fj days after the date on which the ,federal agency makes that determination1 unless a shorter period is provided for by law-- 7i7 notify the project sponsor that the ,federal agency has determined that-- 7,i7 the proposed agency action-- 7aa7 is excluded pursuant to a categorical exclusion2 or 7bb7 is not a major ,federal action2 or 7,,ii7 no further agency action is required2 7ii7 notify the project sponsor that the agency has determined that preparation of an environmental assessment is necessary2 or 7iii7 issue a notice of intent to prepare an environmental impact statement for the proposed agency action4 7,b7 ,incomplete determination ,if a ,federal agency requests additional information under paragraph 7#a77;,b77ii71 the deadline described in subparagraph 7,a7 shall be based on the date on which the ,federal agency receives the additional information instead of the date on which the determination is made4 7b7 ,additional application information ,unless otherwise required by law1 in addition to any information required by a ,federal agency for an application for authorization for a proposed agency action requiring an environmental review1 a project sponsor shall submit to the applicable ,federal agency-- 7#a7 a list of each known ,federal1 ,state1 ,tribal1 or local authorization required to complete the proposed agency action2 7#b7 a record of stakeholder engagement for the proposed agency action as of the date of the application2 and 7#c7 a brief description of a statement of purpose and need for the proposed agency action1 including1 to the extent practicable1 the location of the project and any known alternatives4 4 #aaaj4 ,judicial review ,title ,i of the ,national ,environmental ,policy ,act of #aifi 7as amended by section #aajb7;b77#a77 is amended by inserting after section #aaj 7#db ,u4,s4,c4 #dccf;d7 the following3 #aaa4 ,judicial review 7a7 ,definition of claim ,in this section1 the term claim means a claim that-- 7#a7 is filed on or after the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf2 and 7#b7 seeks judicial review under any provision of ,federal law of an authorization based on a claim that an environmental review failed to be properly conducted pursuant to the requirements of this ,act4 7b7 ,limitations on claims ,notwithstanding any other provision of law1 a claim shall be barred unless the claim-- 7#a7 is filed not later than #aej days after the date on which1 unless a shorter deadline is specified under ,federal law-- 7,a7 in the case of a claim in which an environmental impact statement was prepared1 the applicable authorization was published in the ,federal ,register2 and 7,b7 in the case of any other claim1 the authorization was made public2 7#b7 in the case of an authorization for which an opportunity for comment was provided1 the claim is filed by a party that submitted a substantive comment during a public comment period associated with that authorization1 with such comment being sufficiently detailed to put the applicable ,federal agency on notice of the particular issue on which the party seeks judicial review2 and 7#c7 is filed by a party alleging 7or has an individual member alleging7 an actual or imminent injury in fact amounting to a direct harm4 7c7 ,procedural matters for claims 7#a7 ,original jurisdiction ,the court of appeals of the ,united ,states for the circuit in which a project subject to an authorization will be constructed1 expanded1 or operated shall have original and exclusive jurisdiction over a claim4 7#b7 ,supplemental jurisdiction ,the courts of appeals of the ,united ,states shall have supplemental jurisdiction over other claims related to the validity of the authorization at issue in the claim within the original jurisdiction of the court of appeals4 7#c7 ,random assignment of cases ,to the maximum extent practicable1 a court of appeals of the ,united ,states shall randomly assign judges appointed1 designated1 or assigned to sit as judges of the court to hear claims in a manner to avoid the appearance of favoritism or bias4 7#d7 ,deadlines for resolution ,a court of appeals of the ,united ,states shall render a final judgment with respect to a claim as expeditiously as possible4 7#e7 ,remedy 7,a7 ,in general ,except as provided in subparagraph 7,b7 and notwithstanding any other provision of law1 if a court determines that an authorization does not comply with the requirements of this ,act1 the only remedy the court may order to redress that violation is to remand1 without vacatur or issuance of an injunction1 the applicable authorization to the agency with-- 7i7 specific instructions to correct errors or deficiencies found by the court2 and 7ii7 a reasonable schedule and deadline for the agency to act on remand1 which shall not exceed #ahj days after the date on which the order of the court was entered4 7,b7 ,preliminary injunctions 7i7 ,in general ,notwithstanding subparagraph 7,a7 and subject to clause 7ii71 a court may issue a preliminary injunction for the applicable authorization when-- 7,i7 there is a substantial likelihood the authorization violates a ,federal law other than-- 7aa7 this ,act2 or 7bb7 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code2 7,,ii7 necessary to prevent irreparable harm to the plaintiff2 7,,iii7 the balance of equities favors the plaintiff2 and 7,,iv7 a preliminary injunction is in the public interest4 7ii7 ,requirements ,a preliminary injunction issued by a court under clause 7i7 shall last no longer than the time the court finds is reasonably necessary-- 7,i7 for the correction of the violation described in clause 7i77,i72 and 7,,ii7 to prevent the irreparable harm described in clause 7i77,,ii74 7#f7 ,remanded actions 7,a7 ,continued effect of authorization ,an authorization remanded under paragraph 7#e77;,a7 shall remain in effect while the ,federal agency corrects any errors or deficiencies found by the reviewing court4 7,b7 ,federal action during remand ,the activity that is the subject of an authorization remanded under paragraph 7#e77;,a7 may1 notwithstanding that remand1 be carried out1 including during the time prescribed by the applicable court to correct the applicable errors or deficiencies4 7#g7 ,treatment of supplemental or revised environmental documents 7,a7 ,in general ,for purposes of a claim-- 7i7 a supplemental or revised environmental document for an authorization1 when required by court order1 shall be considered to be a separate environmental document2 and 7ii7 the deadline for filing a claim for judicial review of an authorization described in clause 7i7 shall be the date that is #aej days after the date on which the authorization for which the supplemental environmental document is prepared is made public by the agency1 unless a shorter time is specified in the ,federal law pursuant to which judicial review is authorized4 7,b7 ,limitation ,a claim for review of an authorization described in subparagraph 7,a77i7 shall be limited to information contained in the final supplemental environmental documents that was not contained in a previous environmental document for the authorization4 7#h7 ,actions for use of ,tribal trust resources 7,a7 ,in general ,except as provided in subparagraph 7,b71 for any action that authorizes the use of lands1 minerals1 or other resources held in trust at the time of a final agency action by the ,united ,states for the benefit of an ,indian ,tribe1 there shall be no administrative or judicial review of such final agency action based on a claim of failure to comply with the requirements of this ,act4 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply to an action for administrative or judicial review-- 7i7 brought by the ,indian ,tribe for which the ,united ,states holds the lands1 minerals1 or other resources in trust2 or 7ii7 that involves reasonably foreseeable effects of the final agency action that occur outside the lands1 minerals1 or other resources held in trust by the ,united ,states for the benefit of an ,indian ,tribe4 7d7 ,role of court ,in reviewing a claim of whether an authorization complies with the requirements of this ,act1 a court shall afford substantial deference to the agency relating to the scope and contents of an environmental document4 7e7 ,prohibition on certain claims and judicial review ,notwithstanding any other provision of law1 there shall not be a claim or judicial review of whether a final agency action complies with the requirements of this ,act for any omission from the list described in section #c7bb77;,b74 7f7 ,effect ,nothing in this section-- 7#a7 establishes a cause of action or a right to judicial review2 7#b7 places any limit on filing a claim that a person has violated the terms of an authorization2 or 7#c7 affects the right to obtain review under section #ajg7;g77#d74 4 ,b ,council on ,environmental ,quality #aaba4 ,council on ,environmental ,quality 7a7 ,in general ,title ,,ii of the ,national ,environmental ,policy ,act of #aifi is amended by striking section #bji 7#db ,u4,s4,c4 #dcdg7 and inserting the following3 #bji4 e,n,e,p,a technologies 7a7 ,definitions ,in this section3 7#a7 ,authorization data ,the term authorization data means-- 7,a7 any data relevant for a ,federal agency-- 7i7 to determine the effect on the environment of an action for which an authorization is required by the ,federal agency2 and 7ii7 to determine whether to issue such authorization2 and 7,b7 any community input or public comment on such determinations4 7#b7 ,data architecture ,the term data architecture means the design and organization of data systems1 including frameworks for data storage1 processing1 and exchange4 7#c7 ,data standards ,the term data standards means agreed-on specifications for data formats1 structures1 and definitions to ensure consistency and vendor-neutral interoperability1 as established under subsection 7b77#a74 7#d7 ,minimum functional requirements ,the term minimum functional requirements means the requirements published under subsection 7b77#b77;,a77ii74 7b7 ,establishment of data standards and publication of implementation guidance 7#a7 ,establishment of standards 7,a7 ,in general ,not later than #fj days after the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf1 the ,chairman1 in consultation with the ,chief ,information ,officers ,council1 the ,office of ,management and ,budget1 and each key permitting agency1 shall develop1 publish1 and iteratively update data standards for the collection and curation of authorization data by ,federal agencies1 which shall be used-- 7i7 to assist with environmental reviews and authorizations2 7ii7 to organize1 define1 and standardize various concepts1 formats1 and protocols that are included in environmental reviews and authorizations2 and 7iii7 to reduce the need for redundant environmental reviews by creating a shared vocabulary and software systems that will support vendor neutrality1 data interoperability1 workflow automation1 and automatic data exchange between ,federal agencies4 7,b7 ,inclusions ,the data standards shall include-- 7i7 a standardized taxonomy that allows ,federal agencies to identify and track data types1 relationships1 and values2 and 7ii7 comprehensive categories for data1 such as-- 7,i7 projects2 7,,ii7 processes2 7,,iii7 environmental documents2 7,,iv7 public comments2 7,v7 geospatial information2 7,,vi7 public engagement events1 as applicable by process or ,federal agency2 7,,vii7 case events2 and 7,,viii7 milestones to ensure clarity and uniformity4 7#b7 ,publication of guidance for implementation of data standards and minimum functional requirements 7,a7 ,publication ,not later than #abj days after the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf1 the ,chairman shall publish guidance for how each ,federal agency responsible for environmental reviews or authorizations shall implement the following3 7i7 ,the data standards4 7ii7 ,the following minimum functional requirements3 7,i7 ,application data sharing that enables automated transfer of relevant environmental review and authorization data among ,federal agencies4 7,,ii7 ,automated project screening to assist frontline staff with reviewing project sponsor-provided information for completeness and accuracy and determining if a categorical exclusion or other general authorization applies to an action1 subject to the condition that such automated project screening may not be used by the ,chairman or a ,federal agency to unlawfully restrict any activity on ,federal land4 7,,iii7 ,public availability of screening criteria and related decision models4 7,,iv7 ,automated case or project management tools that include a repository of relevant data and metadata that enable advanced tracking1 reporting1 and optimization to aid workflows4 7,v7 ,integrated geographic information system analysis tools that incorporate geospatial data layers and models for each resource analyzed as part of an environmental review or authorization for a given study area4 7,,vi7 ,document management tools that preserve metadata associated with geospatial analysis1 modeling1 and other analytic processes conducted during an environmental review or authorization for purposes of supporting future environmental reviews and enabling artificial intelligence-assisted analysis of past decisions4 7,,vii7 ,automated comment compilation and analysis tools1 including services for comment categorization and response that handle the lifecycle of comment submission1 analysis1 categorization1 and response with artificial intelligence support where appropriate4 7,,viii7 ,administrative record management tools that maintain portable document formats and data-rich repositories accessible to machine and human users4 7,,ix7 ,common or interoperable ,federal agency services that integrate shared services1 shared applications1 and common user experiences for ,federal agency staff1 project sponsors1 and the public4 7,b7 ,inclusions ,the guidance published under subparagraph 7,a7 shall include the following3 7i7 ,guidelines for cloud-based storage1 data sharing protocols1 and application programming interfaces to enable the ,chairman to work with ,federal agencies to use authorization data-- 7,i7 to aid ,federal agencies in modernizing their environmental reviews and authorizations2 and 7,,ii7 for iterative development of the authorization portal described in subsection 7d77#b77;,b74 7ii7 ,provisions that support scalability and adaptability of the minimum requirements to emerging technologies4 7c7 ,agency ,implementation 7#a7 ,implementation ,the head of each key permitting agency shall-- 7,a7 not later than #ij days after the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf-- 7i7 compare existing ,federal agency systems for environmental reviews and authorizations under the authority of the agency with the data standards and minimum functional requirements and report findings from such comparison to the ,chairman2 7ii7 assess whether existing ,federal agency technological capabilities are consistent with the data standards and the minimum functional requirements2 7iii7 submit to the ,chairman a report that estimates the completion dates for implementing the data standards and the minimum functional requirements2 and 7iv7 submit to the ,chairman an implementation plan that-- 7,i7 describes how the ,federal agency will implement the data standards and the minimum functional requirements2 and 7,,ii7 describes how1 to the extent the ,federal agency determines necessary to meet relevant statutory requirements1 the ,federal agency will adopt or implement the prototype tools tested1 designed1 and built under subsection 7d77#a72 and 7,b7 not later than #ahj days after that date of enactment1 begin implementing the data standards published and the minimum functional requirements4 7#b7 ,report ,not less frequently than twice each year1 the ,chief ,information ,officer of each key permitting agency1 in consultation with the ,,cerpo of each key permitting agency1 shall submit to the ,chairman and the ,director of the ,office of ,management and ,budget a report on the progress of the key permitting agency towards meeting the requirements described in paragraph 7#a74 7d7 ,development of e,n,e,p,a ,technologies 7#a7 ,prototype tools 7,a7 ,in general ,the ,chairman1 in consultation with the ,administrator of ,general ,services1 the ,chief ,information ,officers ,council1 the ,director of the ,office of ,management and ,budget1 and each key permitting agency shall design1 test1 and build prototype tools for environmental reviews and authorizations that will assist ,federal agencies in implementing the minimum functional requirements4 7,b7 ,priority ,the ,chairman shall prioritize designing1 testing1 and building tools under this paragraph that-- 7i7 support authorization case or project management systems that-- 7,i7 manage tasks1 milestones1 and activities associated with environmental reviews and authorizations2 and 7,,ii7 provide ,federal agencies more data and insight into such reviews and authorizations2 7ii7 enable-- 7,i7 application submission and tracking portals used by project sponsors1 enabling greater transparency2 and 7,,ii7 public comment opportunity tracking portals to increase transparency2 7iii7 facilitate automated applications1 environmental reviews1 and authorizations2 7iv7 allow data exchange between ,federal agency systems2 and 7v7 accelerate complex environmental reviews4 7#b7 e,permit unified interagency data system 7,a7 ,epermit unified interagency data system ,to the maximum extent practicable1 the ,chairman and the head of each key permitting agency shall iteratively develop and maintain a unified interagency data system consisting of interconnected ,federal agency systems and shared services for environmental reviews and authorizations4 7,b7 ,authorization portal 7i7 ,in general ,the shared services developed and maintained under subparagraph 7,a7 shall include a common interactive1 digital1 cloud-based authorization portal1 which shall-- 7,i7 be designed in a manner consistent with-- 7aa7 the recommendations of the ,chairman included in the study entitled ,council on ,environmental ,quality ,report to ,congress on the ,potential for ,online and ,digital ,technologies to ,address ,delays in ,reviews and ,improve ,public ,accessibility and ,transparency under #db ,u4,s4,c4 #dccb7b77;,c72 and 7bb7 the minimum functional requirements2 7,,ii7 serve as a platform for tracking and displaying real-time data on environmental reviews and authorizations made available through application programming interfaces or other reporting mechanisms from ,federal agency systems that are compliant with the data standards and data architecture described in this section2 7,,iii7 be supported by a decentralized1 cross-network digital infrastructure software that ensures vendor neutrality and interoperability of data and models across ,federal agencies2 7,,iv7 include a mechanism for the dissemination of relevant information 7such as a notice of intent for public comment1 public meetings1 project statuses1 or a notice of intent to begin an environmental review7 to local communities1 as applicable2 7,v7 allow a project sponsor to submit all necessary documentation for environmental reviews and authorizations in #a unified and secure portal2 7,,vi7 support interactive1 digital1 and cloud-based tools enabling project sponsors to edit documents and collaborate with relevant ,federal agencies in real time2 7,,vii7 support visual features1 including video1 animation1 geographic information system displays1 interactive maps1 and three-dimensional renderings2 7,,viii7 provide for the exchange of information to and from ,federal agency data systems via an application programming interface or another reporting mechanisms2 7,,ix7 allow for the submission of geospatial data associated with project location1 footprint1 and impact2 7,x7 support automatic documentation of submission and process timelines2 and 7,,xi7 allow certain metrics to be tracked over time1 including-- 7aa7 estimates of achieved efficiencies1 such as reductions in the time between receipt of applications and final authorization decisions2 7bb7 comparisons of authorization timelines before and after the implementation of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf2 7cc7 usage of the authorization portal and other statistics from the ,digital ,analytics ,program of the ,general ,services ,administration2 7dd7 metrics on the number of public comments received1 responses provided1 and community meetings held2 7ee7 the number of projects subject to litigation based on authorization deficiencies or inefficiencies2 7ff7 a list of ,federal agencies that are not yet fully compliant with the data standards and the minimum functional requirements1 including their progress toward compliance2 and 7gg7 examples or repositories of ,federal agency-developed digital workflows enabled by the implementation of this ,act1 including visualizations of data sharing1 authorizations and decision logic1 and environmental reviews4 7ii7 ,administrative support ,the ,administrator of ,general ,services shall host the authorization portal as a shared service for ,congress1 ,federal agencies1 and the public4 7iii7 ,accessibility ,the authorization portal shall be accessible to ,congress1 ,federal agencies1 and the public1 with appropriate safeguards to protect sensitive or classified information and information restricted by user type as appropriate4 7iv7 ,public accessibility ,to the extent practicable and consistent with other law1 the authorization portal shall provide public access to non-sensitive data1 including authorization timelines1 location1 project type1 environmental reviews1 and mitigation measures4 7v7 ,congressional access and oversight 7,i7 ,in general ,the authorization portal shall provide ,congress with direct access to aggregated performance data and other analytics to enable real-time oversight of ,federal agencies4 7,,ii7 ,artificial intelligence support systems and training materials ,congress shall have access to the data1 fine-tuning procedures1 and prompt configurations specifically created or adapted for artificial intelligence systems used to support environmental review or authorization activities1 excluding proprietary or general pre-training materials unrelated to such agency-specific customization4 7,,iii7 ,technical assistance ,the ,chairman shall provide to ,congress technical assistance1 on request1 to ensure effective use of the authorization portal and artificial intelligence systems for oversight purposes4 7,c7 ,cybersecurity and compliance considerations ,the authorization portal shall be designed to promote vendor neutral interoperability1 reduce redundancy1 and ensure compliance and coordination with other laws1 including-- 7i7 section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd72 7ii7 subchapter ,,ii of chapter #ce of title #dd1 ,united ,states ,code2 7iii7 the ,federal ,risk and ,authorization ,management ,program established by section #cfjh of title #dd1 ,united ,states ,code2 and 7iv7 the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security1 in any case in which a project is in coordination with a ,federal agency with stringent security requirements4 7#c7 ,deadlines 7,a7 ,shared services pilot ,not later than #a year after the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf1 the ,chairman shall oversee piloting of shared services for environmental reviews and authorizations1 including the authorization portal under paragraph 7#b77;,b74 7,b7 ,unified system development and implementation ,to the maximum extent practicable1 not later than ,december #a1 #bjbh1 the ,chairman shall develop and implement the e,permit unified interagency data system under paragraph 7#b74 7e7 ,agency and ,personnel ,performance 7#a7 ,in general ,the ,chairman shall develop outcome-based performance measures to assess ,federal agency performance and ,federal agency personnel performance with respect to environmental reviews or other types of authorizations4 7#b7 ,requirements ,in developing the performance measures under paragraph 7#a71 the ,chairman shall-- 7,a7 coordinate with-- 7i7 the agency ,,cerpo for each key permitting agency2 7ii7 the ,performance ,improvement ,officer for each key permitting agency2 7iii7 the ,chief ,human ,capital ,officer for each key permitting agency2 7iv7 the ,director of the ,office of ,management and ,budget2 and 7,b7 consider how e,n,e,p,a technologies assist in the assessment of-- 7i7 areas of high performance among key permitting agencies for the purpose of identifying successful strategies for meeting performance goals that may be replicated by other key permitting agencies2 7ii7 areas of poor performance among the department1 program1 district1 field1 region1 and other subsidiaries of each key permitting agency for the purpose of providing additional support and oversight2 7iii7 areas of high performance among the department1 program1 district1 field1 region1 and other subsidiaries of each key permitting agency for the purpose of identifying successful strategies for meeting performance goals that may be replicated within other offices of the ,federal agency2 and 7iv7 opportunities for the ,chairman to expend funds from the ,permitting ,improvement ,fund established by section #aacc7;a7 of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf to facilitate higher performance of agencies and agency personnel with respect to environmental reviews and authorizations4 7f7 ,authority ,to enter into contracts ,subject to the availability of appropriations1 the ,chairman may enter into contracts and other arrangements for analyses1 services1 and products with ,federal agencies1 private organizations1 and businesses1 and make such payments as determined necessary by the ,chairman to carry out this section4 7g7 ,annual report ,not less frequently than annually1 the ,chairman1 in consultation with the ,chief ,information ,officers ,council and other relevant ,federal agencies1 as determined by the ,chairman1 shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report on-- 7#a7 the progress of the ,chairman in developing the e,permit unified interagency data system under subsection 7d77#b72 and 7#b7 the performance of each key permitting agency under subsection 7e71 as compared to the previous year4 7h7 ,savings provisions 7#a7 ,in general ,nothing in this section authorizes the ,chairman or a ,federal agency to impose additional regulatory processes or requirements beyond those expressly stipulated under this ,act or any other law4 7#b7 ,no restriction ,to the extent that a data system1 technology1 or tool developed or incorporated into a unified interagency data system under this section is not limited by project type1 the data system1 technology1 or tool shall not have its use be restricted by project type4 #baj4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this ,act #e1jjj1jjj for each fiscal year4 4 7b7 ,technical amendment ,section #bjb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcdb7 is amended1 in the first sentence1 by striking 7hereinafter referred to as the ,council74 ,c ,federal ,permitting ,improvement #aaca4 ,definitions ,in this subtitle3 7#a7 ,applicable deadlines ,the term applicable deadlines means the deadlines described in section #ajg7;g7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7g774 7#b7 ,applicable schedule ,the term applicable schedule means the schedule established for a transparency project under subsection 7a77#a77;,c77iv7 of section #ajg of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a74 7#c7 ,,nepa terms ,the terms authorization1 ,chairman1 ,council1 environmental assessment1 environmental impact statement1 environmental review1 key permitting agency1 lead agency1 project sponsor1 and statement of purpose and need have the meanings given those terms in section #c of the ,national ,environmental ,policy ,act of #aifi4 7#d7 ,tracker ,the term ,tracker means the ,environmental ,review and ,permitting ,tracker required under section #aacb4 7#e7 ,transparency project ,the term transparency project means-- 7,a7 a proposed agency action requiring the preparation of an environmental impact statement2 or 7,b7 a proposed agency action requiring the preparation of an environmental assessment that has not been completed by the date that is #ac months after the deadline established for the project under paragraph 7#a77;,a7 of section #ajg7;g7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7g774 #aacb4 ,environmental ,review and ,permitting ,tracker 7a7 ,in general ,the ,chairman1 in coordination with the ,general ,services ,administration1 shall maintain an online database1 to be known as the ,environmental ,review and ,permitting ,tracker1 to track the status of ,federal environmental reviews and authorizations for each transparency project4 7b7 ,list of transparency projects ,the ,tracker shall include an up-to-date list of all transparency projects4 7c7 ,creation of ,tracker ,entries 7#a7 ,in general ,the ,chairman shall create a specific entry on the ,tracker for a transparency project not later than-- 7,a7 in the case of a transparency project described in section #aaca7e77;,a71 the date that is #ad days after the date on which a notice of intent to prepare an environmental impact statement for that transparency project is published in the ,federal ,register in accordance with section #ajg7;c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7c772 and 7,b7 in the case of a transparency project described in section #aaca7e77;,b71 the date that is #ac months and #ad days after the deadline established for that transparency project under paragraph 7#a77;,a7 of section #ajg7;g7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7g774 7#b7 ,specific and searchable entry ,each entry of the ,tracker shall include a specific and searchable entry for each transparency project listed on the ,tracker in accordance with paragraph 7#a74 7#c7 ,exclusions ,any environmental review relating to an action taken by a ,federal agency to develop a rule under subchapter ,,ii of chapter #e and chapter #g of title #e1 ,united ,states ,code 7commonly known as ,administrative ,procedure ,act71 shall not be included on the ,tracker4 7d7 ,content of ,tracker ,postings 7#a7 transparency projects ,for each transparency project added to the ,tracker under subsection 7c77#a71 the ,chairman shall post the most up-to-date information1 including-- 7,a7 a description of the location and major features of the transparency project2 7,b7 the statement of purpose and need for the transparency project1 consistent with section #ajg7;d7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7d772 7,c7 contact information1 including the email address1 of-- 7i7 a representative of the project sponsor of the transparency project2 and 7ii7 a representative of the lead agency for the transparency project2 7,d7 the status of the compliance of each agency with respect to the applicable schedule and applicable deadlines for the transparency project1 to be updated quarterly1 including each modification of the applicable schedule1 which shall describe-- 7i7 an explanation of each modification1 including whether the modification is due to a delay on the part of an agency or the project sponsor2 7ii7 the time period modified from the originally projected applicable schedule2 and 7iii7 any subsequent modifications from prior modifications1 including whether such subsequent modification is due to a delay on the part of an agency or the project sponsor2 and 7,e7 a description of the status of any litigation that is directly related to the transparency project1 including1 if practicable1 any judicial document made available on an electronic docket maintained by a ,federal1 ,state1 or local court4 7#b7 ,publication ,all information described in this subsection shall be posted on the website of the ,council not later than #g days after the date on which the lead agency or the ,chairman receives the information4 #aacc4 ,permitting ,improvement ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,permitting ,improvement ,fund 7referred to in this section as the ,fund74 7b7 ,purpose ,the purpose of the ,fund is to improve the performance of key permitting agencies with respect to timely environmental reviews and authorizations required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7c7 ,transfer authority ,amounts in the ,fund shall be available to the ,chairman to transfer to a key permitting agency for #a or more uses described in subsection 7d74 7d7 ,use of amounts ,amounts transferred under subsection 7c7 shall be used by a key permitting agency-- 7#a7 to support interagency detailee and rotation opportunities2 7#b7 to facilitate professional development2 7#c7 to enhance support for agency project managers2 7#d7 to support standardizing processes among regional and field offices2 7#e7 to improve opportunities for public engagement2 or 7#f7 for any other use1 as determined by the ,chairman1 consistent with the purpose of the ,fund4 7e7 ,effect on decisionmaking ,the use of funds under subsection 7d7 by a key permitting agency shall not impact the impartial decisionmaking of the key permitting agency with respect to environmental reviews or authorizations1 either procedurally or substantively4 7f7 ,authorization of appropriation ,there is authorized to be appropriated to the ,fund #bj1jjj1jjj for each of fiscal years #bjbg through #bjcc4 ,,ii ,clean ,water ,act #abja4 ,water quality criteria 7a7 ,administrative procedure ,section #cjd7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acad7;a77 is amended by adding at the end the following3 7#aj7 ,administrative procedure ,in developing any criterion under this subsection1 the ,administrator shall carry out a rulemaking under section #eec of title #e1 ,united ,states ,code4 4 7b7 ,judicial review ,section #eji7;b77#a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfi7;b77#a77 is amended1 in the first sentence-- 7#a7 by striking #djb1 and 7,g7 and inserting #djb1 7,g72 and 7#b7 by inserting 7,h7 in finalizing any criteria under section #cjd7;a71 and 7,i7 in defining the scope of the term waters of the ,united ,states for purposes of this ,act1 after section #cjd7l714 #abjb4 ,clean ,water ,act permitting and ,state certification ,section #dja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda7 is amended by adding at the end the following3 7e7 ,certification procedures1 requirements1 and limitations 7#a7 ,effect of certain certification actions 7,a7 ,certification or waiver ,if a certifying authority grants a certification application or if a certifying authority waives the certification requirement for a certification application1 the agency with jurisdiction over the ,federal license or permit for which the certification application was made shall consider water quality requirements satisfied for the purpose of considering the application for the ,federal license or permit4 7,b7 ,certification with conditions 7i7 ,in general ,if a certifying authority grants a certification application with conditions1 the agency with jurisdiction over the ,federal license or permit for which the certification application was made shall consider water quality requirements satisfied for the purpose of considering the application for the ,federal license or permit1 subject to the conditions included in the certification4 7ii7 ,savings clause ,nothing in this subparagraph affects paragraph 7#b77;,b74 7#b7 ,scope of certification 7,a7 ,in general ,the scope of a certification provided under this section shall be limited to ensuring compliance with water quality requirements4 7,b7 ,prohibition ,in reviewing a certification application1 no certifying authority may-- 7i7 deny certification for any reason other than making a determination by clear and convincing evidence that no modification to or reasonable condition on the certification would make it possible to grant the certification without violating water quality requirements2 or 7ii7 grant certification with conditions1 except for conditions that the certifying authority determines by clear and convincing evidence are-- 7,i7 necessary to ensure compliance with water quality requirements2 7,,ii7 the least burdensome conditions to ensure compliance with water quality requirements2 and 7,,iii7 consistent with the requirements of the ,federal license or permit for which the certification application was made4 7,c7 ,savings provision ,nothing in this paragraph allows a ,federal licensing or permitting agency to refuse to include conditions from a certifying authority in a ,federal license or permit if the conditions are necessary to ensure compliance with water quality requirements4 7#c7 ,required procedures 7,a7 ,notice and hearings ,taking into account ,state or ,tribal law1 as appropriate1 and the review period described in paragraph 7#d71 each certifying authority shall establish procedures for-- 7i7 public notice in the case of all certification applications2 7ii7 to the extent the certifying authority determines to be appropriate1 public hearings in connection with specific certification applications2 and 7iii7 a prefiling meeting as described in subparagraph 7,b74 7,b7 ,prefiling meeting 7i7 ,request ,before submitting a certification application1 the prospective applicant may request a prefiling meeting with the certifying authority-- 7,i7 to ensure that the certifying authority receives early notification of projects for which a certification under subsection 7a7 is necessary2 and 7,,ii7 to discuss informational needs with the certifying authority before submitting the application4 7ii7 ,response required ,if a prospective applicant requests a prefiling meeting with a certifying authority pursuant to clause 7i71 the certifying authority shall-- 7,i7 respond to the request not later than #cj days after the date on which the request is received2 and 7,,ii7 hold the prefiling meeting with the prospective applicant not later than #fj days after the date on which the request is received4 7,c7 ,certification applications 7i7 ,application in writing ,a certification application shall be made in writing to the applicable certifying authority4 7ii7 ,requirements for complete application ,a complete certification application shall consist of the following3 7,i7 ,identification of each applicant for the ,federal license or permit with respect to which the certification application is made4 7,,ii7 ,a statement that information included in the certification application is truthful1 accurate1 and complete1 to the best knowledge of each such applicant4 7,,iii7 ,in the case of a certification application with respect to an individual permit or license-- 7aa7 identification of the ,federal license or permit that is the subject of the certification application with respect to which the certification is requested2 7bb7 identification of any activity the conduct of which is subject to the ,federal license or permit2 7cc7 identification of the location and nature of any discharge that may result from the activity1 and the location of the receiving waters2 7dd7 a description of means that may be used to monitor1 control1 or manage any such discharge2 and 7ee7 a list of all other ,federal1 interstate1 ,tribal1 ,state1 or local agency authorizations related to the requirement for a certification under subsection 7a71 and any approval or denial of such an authorization already received4 7,,iv7 ,any additional materials required by the applicable certifying authority pursuant to clause 7iii71 subject to the condition that the additional materials shall only be required with respect to certification applications submitted after the date on which the regulation described in that clause has been promulgated4 7iii7 ,additional materials 7,i7 ,in general ,a certifying authority may promulgate regulations establishing materials to be required in completed certification applications in addition to the materials described in subclauses 7,i7 through 7,,iii7 of clause 7ii7 that the certifying authority determines are necessary to demonstrate to the certifying authority compliance with water quality requirements4 7,,ii7 ,requirement ,in promulgating regulations under subclause 7,i71 a certifying authority shall only base the determination regarding what additional materials are needed on what can reasonably be expected of an applicant at the time at which a certification application is submitted4 7,,iii7 ,effect of failure to promulgate ,if a certifying authority fails to promulgate regulations under subclause 7,i71 a certification application to that certifying authority shall be considered complete if the certification application includes all of the items described in subclauses 7,i7 through 7,,iii7 of clause 7ii74 7iv7 ,acknowledgment of receipt ,not later than #c days after the date on which an applicant submits to a certifying authority a certification application for an individual ,federal license or permit1 the certifying authority shall acknowledge receipt of the certification application in writing4 7v7 ,notification of complete application or identification of missing materials ,not later than #ij days after the date on which a certifying authority acknowledges receipt of a certification application under clause 7iv71 the certifying authority shall-- 7,i7 provide the applicant a written notification that the certification application is complete2 or 7,,ii7 identify to the applicant in writing all specific additional materials or information described in clause 7ii7 necessary for the certification application to be considered complete1 including1 for each such additional piece of material or information1 a description of the water quality requirement for which the additional material or information is needed in order to evaluate compliance with that water quality requirement4 7vi7 ,petition to court 7,i7 ,right to petition ,an applicant may petition for judicial review of an alleged failure by a certifying authority to act in accordance with clauses 7ii7 through 7v7 by filing a written petition in a court of competent jurisdiction4 7,,ii7 ,considerations ,in reviewing a petition under this subclause1 a reviewing court shall consider-- 7aa7 the administrative record1 which shall consist of the materials required to be submitted under clause 7ii72 7bb7 any materials or information identified by certifying authority as missing pursuant to a notification under clause 7v77,,ii72 7cc7 the information submitted by the applicant to the certifying authority2 and 7dd7 any evidence presented to the court by the applicant that suggests that the defense of the certifying authority to the petition is pretextual4 7,,iii7 ,court order ,if a court1 in reviewing a petition under this clause1 finds that a certifying authority has failed to act in accordance with any of clauses 7ii71 7iv71 and 7v71 the court shall provide injunctive relief1 as appropriate1 to give effect to this section4 7,d7 ,denials of certification for individual license or permit ,if a certifying authority denies a certification application for an individual license or permit1 the certifying authority shall provide to the applicant and the applicable ,federal licensing or permitting agency-- 7i7 the specific water quality requirements that the certifying authority determined will be violated if certification were granted2 7ii7 a statement explaining why the certifying authority determined the identified water quality requirements will be violated2 and 7iii7 if the denial is due to insufficient information1 a description of the specific water quality data or information1 if any1 that would be needed to evaluate whether granting certification will comply with water quality requirements4 7#d7 ,review period 7,a7 ,in general ,subject to subparagraph 7,c7 and in consultation with each certifying authority1 a licensing or permitting agency shall1 categorically or on a case-by-case basis for each certification application1 establish a reasonable period of time 7not to exceed #a year from the date of receipt of the certification application7 within which a certifying authority shall issue a final action on the certification application1 which shall account for time required under applicable ,state or ,tribal law for public notice and comment periods1 if any4 7,b7 ,failure to act ,if a certifying authority fails or refuses to issue a final action as described in paragraph 7#f7 on a certification application by the end of the reasonable period of time established under subparagraph 7,a7 and the reasonable period of time has not been extended in accordance with subparagraph 7,c71 the requirement for a certification under subsection 7a7 shall be waived1 except that the reasonable period of time shall restart in the event that the certification application is voluntarily withdrawn by the applicant and the applicant submits a new certification application4 7,c7 ,requirement for extension ,with respect to a certification application1 the reasonable period of time established under subparagraph 7,a7 may only be extended if-- 7i7 the extension is requested1 in writing1 by the applicant2 and 7ii7 the certifying authority concurs1 in writing1 with the extension4 7#e7 ,waiver of certification requirement 7,a7 ,in general ,a certifying authority may1 at any time during the reasonable period of time described in paragraph 7#d71 affirmatively waive the requirement for a certification under subsection 7a74 7,b7 ,no judicial review ,notwithstanding any other provision of ,federal law1 including any provision of this section1 a waiver of the requirement for a certification under this section shall not be subject to judicial review4 7#f7 ,final action ,not later than the date on which the reasonable period of time established under paragraph 7#d7 for a certification application ends or on the date of a waiver pursuant to paragraph 7#e77;,a71 as applicable1 the certifying authority shall apply only #a of the following final actions to the certification application3 7,a7 ,the certification application is granted4 7,b7 ,the certification application is granted with conditions4 7,c7 ,the certification application is denied4 7,d7 ,the certification requirements under subsection 7a7 have been waived in accordance with paragraph 7#d7 or 7#e7 with respect to the certification application4 7f7 ,judicial review 7#a7 ,burdens of proof ,when reviewing a denial of a certification under this section1 a court shall place the burden of proof on the certifying authority to demonstrate1 by clear and convincing evidence1 that no reasonable modifications to or reasonable conditions on the certification would make it possible to grant the certification without violating water quality requirements4 7#b7 ,conditions ,when reviewing a challenge to #a or more conditions required by a certifying authority under this section1 a court shall place the burden of proof on the certifying authority to demonstrate1 by clear and convincing evidence1 that the #a or more challenged conditions are-- 7,a7 necessary to allow the certification to be made without violating water quality requirements2 7,b7 the least burdensome condition or set of conditions for avoiding violation of water quality requirements2 and 7,c7 consistent with the requirements of the ,federal license or permit that is the subject of the certification4 7g7 ,special rule for certain certifications 7#a7 ,definition of interstate transmission line project ,in this subsection1 the term interstate transmission line project means a project for the construction1 modification1 or upgrade of a transmission facility that is part of the bulk-power system 7as defined in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a7774 7#b7 ,limitation on certification requirements for certain interstate linear infrastructure ,notwithstanding the first sentence of subsection 7a77#a71 any applicant for a certificate of public convenience and necessity for a project under section #g of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7 or a ,federal authorization or permit required to construct1 modify1 or operate an interstate transmission line project that may result in a direct point source discharge into the waters of the ,united ,states shall provide to the ,federal licensing or permitting agency a certification from a certifying authority that such direct point source discharge complies with water quality requirements4 7#c7 ,certification of no limitation and standard ,in the case of any direct point source discharge described in this subsection for which there is not an applicable effluent limitation or other limitation under sections #cja7;b7 and #cjb and for which there is not an applicable standard under sections #cjf and #cjg1 the certifying authority shall so certify1 except that such a certification shall not satisfy section #eaa7;c74 7#d7 ,review for compliance ,notwithstanding subsection 7a77#d7-- 7,a7 prior to the initial operation of any federally licensed or permitted facility or activity that may result in a direct point source discharge into the waters of the ,united ,states and with respect to which a certification has been obtained pursuant to this subsection1 which facility or activity is not subject to a ,federal operating license or permit1 the licensee or permittee shall provide an opportunity for the certifying authority to review the manner in which the facility or activity shall be operated or conducted for the purposes of assuring that applicable effluent limitations or other limitations or other applicable water quality requirements will not be violated2 7,b7 on notification by the certifying authority that the operation of any federally licensed or permitted facility or activity described in subparagraph 7,a7 will violate applicable effluent limitations or other limitations or other water quality requirements1 the applicable ,federal agency may1 after public hearing1 suspend the ,federal license or permit2 and 7,c7 if a ,federal license or permit is suspended pursuant to subparagraph 7,b71 the ,federal license or permit shall remain suspended until notification is received from the certifying authority that there is reasonable assurance that the facility or activity will not violate the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg4 7#e7 ,limitation and monitoring requirements of certain linear infrastructure certifications ,notwithstanding subsection 7d7-- 7,a7 any certification provided under this subsection shall set forth any effluent limitations and other limitations and monitoring requirements necessary to assure that any direct point source discharge subject to this subsection will comply with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg2 and 7,b7 any limitations and requirements set forth pursuant to subparagraph 7,a7 shall be imposed by the licensing or permitting agency as a condition on any ,federal license or permit subject to the provisions of this section4 7#f7 ,reasonable period of time ,notwithstanding the periods of time in subsections 7a77#a7 and 7e77#d71 a licensing or permitting agency shall1 categorically or on a case-by-case basis for each certification application1 establish a reasonable period of time 7not to exceed #i months from the date of receipt of the certification application7 within which a certifying authority shall issue a final action on the certification application under this subsection1 which shall account for the time required under applicable ,state or ,tribal law for public notice and comment periods4 7h7 ,definitions ,in this section3 7#a7 ,certification application ,the term certification application means a request from an applicant for a certification described in subsection 7a74 7#b7 ,certifying authority ,the term certifying authority1 with respect to a certification application1 means1 as applicable-- 7,a7 the ,state or interstate agency to which the certification application was submitted1 including an ,indian ,tribe that is treated as a ,state for purposes of this section pursuant to section #aca4h of title #dj1 ,code of ,federal ,regulations2 or 7,b7 if no ,state or interstate agency has the authority to provide the certification described in subsection 7a71 the ,administrator4 7#c7 ,water quality requirements ,the term water quality requirements means-- 7,a7 the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg2 and 7,b7 any ,federal and ,state or ,tribal laws 7including regulations7 implementing sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg that are applicable to discharges into waters of the ,united ,states4 4 #abjc4 ,permit term for ,,npdes permits ,section #djb7;b77#a77;,b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7;b77#a77;,b77 is amended by striking five years and inserting #aj years4 #abjd4 ,permits for dredged or fill material 7a7 ,reducing permitting uncertainty 7#a7 ,in general ,section #djd7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;c77 is amended-- 7,a7 by striking 7c7 ,the ,administrator and inserting the following3 7c7 ,specification or use of defined area 7#a7 ,in general ,the ,administrator 2 7,b7 in paragraph 7#a7 7as so designated71 by inserting during the period described in paragraph 7#b7 and before after notice and opportunity for public hearings2 and 7,c7 by adding at the end the following3 7#b7 ,period of prohibition ,the period during which the ,administrator may prohibit the specification 7including the withdrawal of specification7 of any defined area as a disposal site1 or deny or restrict the use of any defined area for specification 7including the withdrawal of specification7 as a disposal site1 under paragraph 7#a7-- 7,a7 begins on the date on which an applicant submits a complete application under this section2 and 7,b7 ends on the date on which the ,secretary issues the permit4 4 7#b7 ,applicability ,the amendments made by paragraph 7#a7 shall apply to a permit application submitted under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 after the date of enactment of this ,act4 7b7 ,nationwide permitting improvement ,section #djd7;e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;e77 is amended-- 7#a7 by striking 7e77#a7 ,in carrying and inserting the following3 7e7 ,general permits on ,state1 regional1 or nationwide basis 7#a7 ,permits authorized ,in carrying 2 7#b7 in paragraph 7#b7-- 7,a7 by striking 7#b7 ,no general and inserting the following3 7#b7 ,term 7,a7 ,in general ,no general 2 7,b7 in subparagraph 7,a7 7as so designated71 by striking five years and inserting #aj years2 and 7,c7 by adding at the end the following3 7,b7 ,timing of modification ,the ,secretary may modify a general permit pursuant to subparagraph 7,a7 during the term of the general permit or during the renewal of the general permit4 2 and 7#c7 by adding at the end the following3 7#c7 ,considerations ,in determining the environmental effects of an activity under paragraph 7#a7 or 7#b71 the ,secretary-- 7,a7 shall consider only the effects on compliance with water quality requirements 7as defined in section #dja7;h77 of any discharge of dredged or fill material resulting from the activity2 and 7,b7 shall consider any effects of a discharge of dredged or fill material into less than #b acres of navigable waters to be a minimal adverse environmental effect4 7#d7 ,nationwide permits for activities 7,a7 ,general permits authorized ,notwithstanding any other provision of this section1 the ,secretary shall maintain general permits on a nationwide basis for activities described in subparagraph 7,b74 7,b7 ,activities described ,an activity referred to in subparagraph 7,a7 is an activity-- 7i7 authorized under ,nationwide ,permit #ab1 ,nationwide ,permit #ad1 ,nationwide ,permit #dc1 ,nationwide ,permit #eg1 or ,nationwide ,permit #eh1 as those nationwide permits are described in and reissued pursuant to the final rule of the ,corps of ,engineers entitled ,reissuance and ,modification of ,nationwide ,permits 7#ia ,fed4 ,reg4 #gfh 7,january #h1 #bjbf772 and 7ii7 that results in a discharge of dredged or fill material into less than #b acres of navigable waters for each single and complete project 7as defined in section #ccj4b of title #cc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this paragraph771 including a single and complete linear project and a single and complete non-linear project 7as those terms are defined in the final rule of the ,corps of ,engineers entitled ,reissuance and ,modification of ,nationwide ,permits 7#ia ,fed4 ,reg4 #gfh 7,january #h1 #bjbf7774 7,c7 ,retention of general and individual permitting authority ,nothing in this paragraph prohibits the ,secretary from issuing-- 7i7 general permits on a regional or ,state basis2 or 7ii7 individual permits for linear infrastructure projects4 7#e7 ,reissuance of nationwide permits 7,a7 ,in general ,subject to subparagraph 7,b71 in determining whether to reissue a general permit issued on a nationwide basis under this subsection-- 7i7 no consultation with an applicable ,state pursuant to section #f7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece7;a77 is required2 7ii7 no consultation with a ,federal agency pursuant to section #g7;a77#b7 of that ,act 7#af ,u4,s4,c4 #aecf7;a77#b77 is required2 7iii7 the requirements of section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 shall be satisfied by preparing a programmatic environmental assessment with respect to the general permit2 and 7iv7 no consultation under section #cjfajh of title #ed1 ,united ,states ,code1 is required4 7,b7 ,requirement ,clauses 7i7 through 7iv7 of subparagraph 7,a7 shall only apply to a general permit being reissued pursuant to that subparagraph if the general permit does not-- 7i7 narrow or eliminate preconstruction requirements2 or 7ii7 raise the threshold for such preconstruction requirements4 4 #abje4 ,judicial review timeline clarity ,section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 is amended-- 7#a7 in subsection 7t71 by striking 7t7 ,nothing in this section and inserting the following3 7u7 ,savings provision ,nothing in this section 2 and 7#b7 by inserting after subsection 7s7 the following3 7t7 ,judicial review 7#a7 ,statute of limitations ,notwithstanding any applicable provision of law relating to statutes of limitations-- 7,a7 an action seeking judicial review1 under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 or any other applicable provision of law1 of the approval by the ,administrator of a ,state permit program pursuant to this section shall be filed not later than the date that is #aej days after the date on which the approval was issued1 unless a shorter time period is otherwise provided for by law2 7,b7 an action seeking judicial review1 under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 or any other applicable provision of law1 of an individual permit or general permit issued under this section shall be filed not later than the date that is #aej days after the date on which the permit was issued1 unless a shorter time period is otherwise provided for by law2 and 7,c7 an action seeking judicial review1 under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 or any other applicable provision of law1 of a verification that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section shall be filed not later than the date that is #aej days after the date on which the verification was issued1 unless a shorter time period is otherwise provided for by law4 7#b7 ,limitation on commencement of certain actions 7,a7 ,in general ,notwithstanding any other provision of law but subject to subparagraph 7,b71 no action described in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 may be commenced unless the action-- 7i7 is filed by a party that submitted a comment-- 7,i7 during the public comment period for the administrative proceedings related to the action2 and 7,,ii7 that is sufficiently detailed to put the ,administrator1 the ,secretary1 or the ,state1 as applicable1 on notice of the issue on which the party seeks judicial review2 and 7ii7 is related to that comment4 7,b7 ,limitation ,the limitation under subparagraph 7,a7 shall only apply to actions for which-- 7i7 a draft of the action was published in the ,federal ,register2 and 7ii7 the applicable agency provided a public comment period of not less than #cj days4 7#c7 ,remedies for actions relating to permits ,if a court determines that the ,secretary or a ,state1 as applicable1 did not comply with the requirements of this section in issuing an individual or general permit under this section1 or in verifying that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section1 or otherwise was arbitrary and capricious under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 as applicable-- 7,a7 the court shall remand the matter to the ,secretary or the ,state1 as applicable1 for further proceedings consistent with the determination of the court2 7,b7 with respect to a determination regarding the issuance of an individual or general permit under this section1 the court may not vacate1 revoke1 enjoin1 or otherwise limit the permit unless the court finds that activities authorized under the permit would present an imminent and substantial danger to human health or the environment for which there is no other equitable remedy available under the law2 and 7,c7 with respect to a determination regarding a verification that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section1 the court may not enjoin or otherwise limit the discharge unless the court finds that the activity would present an imminent and substantial danger to human health or the environment for which there is no other equitable remedy available under the law4 7#d7 ,timeline to act on court order ,if a court remands a matter under paragraph 7#c71 the court shall set and enforce a reasonable schedule and deadline1 which may not exceed #ahj days from the date on which the court remands the matter1 except as otherwise required by law1 for the ,administrator1 the ,secretary1 or the ,state1 as applicable1 to take such actions as the court may order4 4 ,,iii ,endangered ,species ,act of #aigc #acja4 ,definitions ,section #c of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7 is amended-- 7#a7 by redesignating paragraphs 7#b7 through 7#aj7 as paragraphs 7#c7 through 7#aa71 respectively2 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 ,the terms best scientific and commercial data available and best scientific data available-- 7,a7 mean all relevant and objective scientific and commercial information available at the time of the agency action2 and 7,b7 include credible and reliable data1 quantitative analyses1 conceptual and numerical models1 and model results that-- 7i7 account for known or potential sources of error2 7ii7 are applied using prevailing principles1 methods1 tools1 and professional standards of practice2 and 7iii7 are impartially gathered and objectively applied without presumptions or policy prescriptions that bias the application4 2 and 7#c7 in paragraph 7#ag71 by striking the ,trust ,territory of the ,pacific ,islands and inserting the ,commonwealth of the ,northern ,mariana ,islands4 #acjb4 ,timeline for ,section #g consultations ,section #g7;b77#a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;b77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking #ij-;day and inserting #fj-;day2 7#b7 in subparagraph 7,b7-- 7,a7 in the matter preceding clause 7i7-- 7i7 by striking #ij days and inserting #fj days2 and 7ii7 by striking #ijth day and inserting #fjth day2 7,b7 in clause 7i71 in the matter preceding subclause 7,i71 by striking #aejth day and inserting #ajjth day2 7,c7 in clause 7ii71 by striking #aej or more and inserting #ajj or more2 and 7,d7 in the undesignated matter following clause 7ii7-- 7i7 by striking the preceding sentence and inserting subparagraph 7,b72 and 7ii7 by striking ,the ,secretary and inserting the following3 7,c7 ,the ,secretary 2 and 7#c7 by inserting after subparagraph 7,c7 7as so designated7 the following3 7,d7 ,if the consultation period proposed to be agreed to between the ,secretary and the ,federal agency under subparagraph 7,b7 extends beyond #ade days and the ,secretary and the ,federal agency have not provided a written statement to1 or obtained consent from1 a permit or license applicant under clause 7i7 or 7ii71 as applicable1 of that subparagraph during such period1 the applicant shall be eligible for relief under section #gjf7a7 of title #e1 ,united ,states ,code4 7,e7 7i7 ,in the case of an agency action that requires the preparation of an environmental document 7as defined in section #c of the ,national ,environmental ,policy ,act of #aifi71 the consultation process under subsection 7a77#b7 shall be completed by not later than the date on which the applicable environmental document 7as so defined7 for the agency action is completed in accordance with section #ajg7;g7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7g771 unless the ,secretary approves an extension of the deadline due to extraordinary circumstances beyond the control1 and not due to any action1 of the consulting parties4 7ii7 ,the requirement under clause 7i7 shall not be construed to extend the deadlines described in subparagraphs 7,a7 through 7,d74 4 #acjc4 ,projects in the operational right-of-way ,section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 is amended by adding at the end the following3 7q7 ,projects in the operational right-of-,way ,notwithstanding subsections 7g7 and 7h71 any project that is categorically excluded from the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 pursuant to section #acaf of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#bc ,u4,s4,c4 #aji note2 ,public ,law #aab-ada7 shall be exempt from paragraphs 7#b71 7#c71 and 7#d7 of subsection 7a74 4 #acjd4 ,state assumption of consultation responsibilities ,the ,endangered ,species ,act of #aigc is amended by inserting after section #g 7#af ,u4,s4,c4 #aecf7 the following3 #g;,a4 ,state assumption of consultation responsibilities 7a7 ,definitions ,in this section3 7#a7 ,program ,the term program means the program carried out by the ,secretary pursuant to this section4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#c7 ,state agency ,the term ,state agency means any agency1 department1 board1 commission1 or other governmental entity in a ,state with primary jurisdiction over environmental or wildlife management matters in the ,state1 as determined by the ,governor of the ,state4 7b7 ,program 7#a7 ,in general ,except as provided in this subsection1 the ,secretary shall carry out a program under which the ,secretary may assign the consultation responsibilities of the ,secretary described in paragraph 7#d77;,a7 to ,states4 7#b7 ,limitations on assumptions 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary may not assign the consultation responsibilities of the ,secretary described in paragraph 7#d77;,a7 to any ,state for a project or agency action 7as referred to in section #g7 that exceeds the boundaries of the ,state4 7,b7 ,limitation ,for any project or agency action 7as referred to in section #g7 that is solely within the boundaries of #a ,state1 but that is within an area affected that exceeds the boundaries of the ,state1 a ,state that assumes responsibility under paragraph 7#d7 for the project or agency action 7as referred to in section #g7 shall consult with-- 7i7 if any other ,state has assumed responsibility under that paragraph1 the jurisdiction of which is within that area affected1 such ,state2 or 7ii7 if there is no ,state described in clause 7i71 the ,secretary4 7#c7 ,implementing regulation 7,a7 ,in general ,not later than #bgj days after the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf1 the ,secretary shall issue a proposed rule to establish a program that would comply with the requirements of this section and ensure that approved ,state assumption programs adequately carry out the consultation requirements under section #g 7referred to in this section as the implementing regulation74 7,b7 ,public comment ,the proposed rule issued under subparagraph 7,a7 shall be made available for public comment for a period of not less than #fj days1 during which the ,secretary shall solicit comment from ,states on the proposed rule4 7,c7 ,limitation ,the rule issued under subparagraph 7,a7 shall not include any requirement that is not necessary to carry out this section4 7#d7 ,assumption of responsibility 7,a7 ,in general ,subject to the requirements of this section and the implementing regulation1 with the written agreement of the ,secretary and a ,state1 which may be in the form of a memorandum of understanding1 the ,secretary may assign1 and the ,state may assume1 the consultation responsibilities of the ,secretary within the boundary of the ,state under subsections 7a71 7b71 and 7c7 of section #g4 7,b7 ,certain projects and agency actions ,a ,state may not assume responsibility under the program until the date on which-- 7i7 the implementing regulation takes effect2 and 7ii7 the ,state certifies to the ,secretary that the ,state has secured the financial1 legal1 personnel1 and other resources described in subsection 7c77#b77;,b74 7,c7 ,federal responsibility ,any responsibility of the ,secretary not explicitly assumed by the ,state by written agreement under the program shall remain the responsibility of the ,secretary4 7c7 ,state participation 7#a7 ,requirements for participating ,states ,each ,state is eligible to participate in the program if the ,state meets each requirement described in this section and the implementing regulation4 7#b7 ,application 7,a7 ,in general ,a ,state seeking to participate in the program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 in accordance with subparagraph 7,b74 7,b7 ,requirements ,as part of the implementing regulation1 the ,secretary shall establish requirements relating to applications submitted by ,states under subparagraph 7,a71 including1 at a minimum1 requirements that a ,state provide-- 7i7 verification of the financial and legal resources necessary to carry out the authority that may be granted to the ,state under the program2 7ii7 verification of the personnel resources or a plan to hire the personnel1 not later than #a year after the date on which the application is approved1 necessary to carry out the authority that may be granted to the ,state under the program2 7iii7 verification that the ,state will waive sovereign immunity for the responsibilities assumed by the ,state under the program2 and 7iv7 evidence of the notice and solicitation of public comment by the ,state relating to participation of the ,state in the program1 including-- 7,i7 copies of comments received from that solicitation2 7,,ii7 a brief summary of those comments2 and 7,,iii7 a description of ways in which those comments will be incorporated by the ,state during the participation of the ,state in the program4 7,c7 ,denial ,on denial of an application submitted by a ,state under subparagraph 7,a7-- 7i7 the ,secretary shall-- 7,i7 respond to the ,state1 in writing1 identifying the reasons for the denial1 subject to the condition that such reasons shall only include a determination by the ,secretary that the ,state did not demonstrate the legal1 financial1 or personnel capability to assume responsibility under the program2 and 7,,ii7 at the request of the ,state1 provide technical assistance to the ,state to address the reasons identified under subclause 7,i72 and 7ii7 the ,state may reapply in accordance with the requirements of subparagraphs 7,a7 and 7,b74 7#c7 ,public notice 7,a7 ,in general ,not less than #fj days before the date of submission of an application of a ,state under paragraph 7#b77;,a71 the ,state shall1 in accordance with the applicable public notice law of the ,state-- 7i7 publish the complete application of the ,state2 and 7ii7 provide an opportunity for public comment on the application for a period of not less than #cj days4 7,b7 ,response to comments ,notwithstanding any other provision of law1 a ,state shall be required to respond to public comments received under subparagraph 7,a77ii74 7#d7 ,selection criteria ,the ,secretary shall approve the application of a ,state submitted under paragraph 7#b77;,a7 if-- 7,a7 the ,secretary determines that the ,state has demonstrated the legal1 financial1 and current or future personnel capability to assume the responsibility2 7,b7 the ,secretary has made an affirmative determination that the ,state has met the requirements to implement the program1 as described in this section and the implementing regulation2 and 7,c7 the head of the ,state agency enters into a written agreement with the ,secretary described in subsection 7d77#a74 7#e7 ,failure to approve or deny application ,if the ,secretary fails to make a determination with respect to any application submitted under paragraph 7#b77;,a7 within #ahj days after the date on which the ,secretary receives that application1 the inaction shall be considered a failure to act under section #ajg7;g77#c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7g77#c774 7d7 ,written agreement 7#a7 ,in general ,a written agreement referred to in subsection 7c77#d77;,c7 shall-- 7,a7 be executed by the ,governor or the head of the ,state agency that would assume responsibility under the program2 7,b7 be in such form as the ,secretary may prescribe2 7,c7 provide that the ,state-- 7i7 agrees to assume all responsibilities of the ,secretary described in subsection 7b77#d72 7ii7 expressly consents1 on behalf of the ,state1 to accept the jurisdiction of the ,federal courts for the compliance1 discharge1 and enforcement of any responsibility of the ,secretary assumed by the ,state2 7iii7 certifies that ,state laws 7including regulations7 are in effect that-- 7,i7 authorize the ,state to take the actions necessary to carry out the responsibilities being assumed2 and 7,,ii7 are comparable to section #eeb of title #e1 ,united ,states ,code1 including providing that any decision regarding the public availability of a document under those ,state laws is reviewable by a court of competent jurisdiction2 7iv7 agrees to maintain the legal resources1 financial resources1 and personnel capacity and expertise necessary to carry out the responsibilities being assumed2 and 7v7 agrees to meet the same deadlines for consultations that the ,secretary would be required to meet under-- 7,i7 section #g2 and 7,,ii7 section #ajg of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a72 7,d7 require the ,state to provide to the ,secretary any information the ,secretary reasonably considers necessary to ensure that the ,state is adequately carrying out the responsibilities assigned to the ,state2 7,e7 be renewable2 7,f7 have a term of not more than #aj years2 and 7,g7 be published in the ,federal ,register not later than #ae days after execution4 7#b7 ,role of ,secretary ,the ,secretary shall not delegate the responsibilities of the ,secretary with respect to entering into a written agreement with a ,state under paragraph 7#a74 7e7 ,jurisdiction 7#a7 ,in general ,the district courts of the ,united ,states shall have exclusive jurisdiction over any civil action against a ,state for failure to carry out any responsibility of the ,state under the program4 7#b7 ,legal standards and requirements ,a civil action under paragraph 7#a7 shall be governed by the legal standards and requirements that would apply in such a civil action against the ,secretary had the ,secretary taken the actions in question4 7#c7 ,intervention ,the ,secretary shall have the right to intervene in any action described in paragraph 7#a74 7f7 ,effect of assumption of responsibility 7#a7 ,in general ,a ,state that assumes responsibility under subsection 7b77#d7 shall be solely responsible for carrying out1 in lieu of and without further approval of the ,secretary1 the responsibilities assumed under that subsection1 until the ,secretary or the ,state1 as applicable1 terminates the participation of the ,state in the program in accordance with paragraph 7#a7 or 7#b7 of subsection 7k71 as applicable4 7#b7 ,permit or license applicant election ,notwithstanding a ,state assumption of responsibility under subsection 7b77#d71 a permit or license applicant may elect to consult with the ,secretary within the boundary of the ,state under subsections 7a71 7b71 and 7c7 of section #g4 7g7 ,limitations on agreements ,nothing in this section permits a ,state to assume any rulemaking authority of the ,secretary under any ,federal law4 7h7 ,audits 7#a7 ,in general ,to ensure compliance by a ,state with any agreement of the ,state under subsection 7c77#d77;,c7 7including compliance by the ,state with all ,federal laws for which responsibility is assumed under subsection 7b77#d771 for each ,state participating in the program1 the ,secretary shall-- 7,a7 not later than #ahj days after the date of execution of the agreement1 meet with the ,state to review implementation of the agreement and discuss plans for the first annual audit2 7,b7 conduct annual audits during each of the first #d years of ,state participation2 7,c7 ensure that the time period for completing an audit1 from initiation to completion 7including public comment and responses to those comments71 does not exceed #ahj days4 7#b7 ,public availability and comment 7,a7 ,in general ,an audit conducted under paragraph 7#a7 shall be provided to the public for comment4 7,b7 ,response ,not later than #fj days after the date on which the period for public comment ends-- 7i7 the ,secretary shall respond to public comments received under subparagraph 7,a72 and 7ii7 to the extent necessary1 the applicable ,state agency may respond to those comments4 7#c7 ,audit team 7,a7 ,in general ,subject to subparagraph 7,c71 an audit conducted under paragraph 7#a7 shall be carried out by an audit team determined by the ,secretary1 in consultation with the ,state1 in accordance with subparagraph 7,b74 7,b7 ,consultation ,consultation with the ,state under subparagraph 7,a7 shall include a reasonable opportunity for the ,state to review and provide comments on the proposed members of the audit team4 7,c7 ,limitation ,an audit team shall only include-- 7i7 qualified staff of regional and headquarters offices of the ,united ,states ,fish and ,wildlife ,service2 7ii7 staff of the ,department of the ,interior ,office of ,inspector ,general2 and 7iii7 staff of the applicable ,state agency4 7i7 ,monitoring 7#a7 ,in general ,after the fourth year of the participation of a ,state in the program1 the ,secretary shall monitor compliance by the ,state with the written agreement entered into under subsection 7c77#d77;,c71 including the provision by the ,state of financial resources to carry out the written agreement4 7#b7 ,resumption of annual audits ,if the ,secretary determines that there is reasonable cause to believe that a ,state is not complying with a written agreement entered into under subsection 7c77#d77;,c7 pursuant to monitoring under paragraph 7#a71 the ,secretary may require the resumption of annual audits under subsection 7h74 7j7 ,report to ,congress ,the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives an annual report that describes the administration of the program1 which shall include an identification of-- 7#a7 a list of active written agreements entered into under subsection 7c77#d77;,c7 being carried out2 7#b7 a list of pending written agreements entered into under that subsection2 7#c7 a list of applications denied under subsection 7c77#b77;,c7 and the reasons for those denials1 if any2 and 7#d7 the results of any audits completed pursuant to subsection 7h7 in the year covered by the report4 7k7 ,termination 7#a7 ,termination by the ,secretary ,the ,secretary may terminate the participation of a ,state in the program if-- 7,a7 the ,secretary determines that the ,state is not adequately carrying out the responsibilities assigned to the ,state2 7,b7 the ,secretary provides to the ,state-- 7i7 a notification of the determination of noncompliance2 7ii7 a period of not less than #abj days to take corrective action as the ,secretary determines to be necessary to comply with the applicable written agreement2 and 7iii7 on request of the ,governor of the ,state1 a detailed description of each responsibility in need of corrective action relating to an inadequacy identified under subparagraph 7,a72 and 7,c7 the ,state1 after the notification and period provided under subparagraph 7,b77i71 fails to take satisfactory corrective action1 as determined by the ,secretary4 7#b7 ,termination by the ,state ,the ,state may terminate the participation of the ,state in the program at any time by providing to the ,secretary a notice not later than the date that is #ij days before the date of termination1 subject to such terms and conditions as the ,secretary may provide4 7l7 ,outreach and capacity building 7#a7 ,outreach ,the ,secretary shall require the ,director of the ,united ,states ,fish and ,wildlife ,service 7referred to in this subsection as the ,director7 to conduct outreach and education activities to ,states with respect to the program4 7#b7 ,capacity building ,the ,director1 in cooperation with relevant ,state officials1 shall provide education1 training1 peer-exchange1 and other initiatives as appropriate-- 7,a7 to assist ,states in developing the capacity to participate in the program2 and 7,b7 to promote information sharing and collaboration among ,states with respect to the program4 7#c7 ,delegation ,the ,director may delegate the outreach and education activities and capacity building requirements under this subsection to a relevant field or regional office of the ,united ,states ,fish and ,wildlife ,service4 7m7 ,agency deemed ,to be federal agency ,a ,state agency that is assigned a responsibility under a written agreement under the program shall be deemed to be an agency for the purposes of section #bdab of title #bh1 ,united ,states ,code4 4 #acje4 ,judicial review ,section #g7n7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7n77 is amended-- 7#a7 in the first sentence1 by striking ,any person1 as defined by section #c7ac7 of this ,act1 and inserting the following3 7#a7 ,in general ,any person 2 7#b7 in paragraph 7#a7 7as so designated71 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively2 and 7#c7 by adding at the end the following3 7#b7 ,petition for review ,any person may obtain judicial review under chapter #g of title #e1 ,united ,states ,code1 of any opinion issued by the ,secretary under subsection 7b7 in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit by filing in such court not later than #aej days after the date on which the opinion is made public a written petition for review4 7#c7 ,definition of made public ,in this subsection1 the term made public1 with respect to an opinion issued by the ,secretary under subsection 7b71 means that the opinion is published in a single location on the primary website of the applicable ,federal agency with-- 7,a7 hyperlinks to the document prominently displayed on the website2 and 7,b7 the date of initial publication of the document displayed and maintained on the website4 4 #acjf4 ,listing determinations ,section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7 is amended by adding at the end the following3 7j7 ,state data ,in making a determination to list1 or delist1 a species as a threatened species or an endangered species under this section1 the ,secretary shall accept and integrate ,state-collected data1 subject to the condition that the ,state-collected data meets the definition of best scientific and commercial data available4 4 #acjg4 ,authorization of appropriations ,there is authorized to be appropriated #aej1jjj1jjj for each of fiscal years #bjbg through #bjca-- 7#a7 to carry out section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf72 and 7#b7 to support ,state participation in the program under section #g;,a of that ,act4 #acjh4 ,national ,fish and ,wildlife ,foundation ,coastal ,state ,fund 7a7 ,definitions ,in this section3 7#a7 ,coastal county ,the term coastal county has the meaning given the term by the ,national ,oceanic and ,atmospheric ,administration in the document entitled ,,noaa's ,list of ,coastal ,counties for the ,bureau of the ,census 7or a similar successor document74 7#b7 ,coastal ,state ,the term coastal ,state has the meaning given the term coastal state in section #cjd of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec74 7#c7 ,foundation ,the term ,foundation means the ,national ,fish and ,wildlife ,foundation established by section #b7;a7 of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgja7;a774 7#d7 ,program ,the term program means the ,national ,fish and ,wildlife ,foundation ,coastal ,state ,fund established under subsection 7b74 7#e7 ,tidal shoreline ,the term tidal shoreline means the length of tidal shoreline or ,great ,lake shoreline based on the most recently available data from or accepted by the ,office of ,coast ,survey of the ,national ,oceanic and ,atmospheric ,administration4 7b7 ,establishment of ,program ,not later than #a year after the date of enactment of this ,act1 subject to the availability of appropriations1 the ,foundation shall establish and carry out a program1 to be known as the ,national ,fish and ,wildlife ,foundation ,coastal ,state ,fund1 to award grants to coastal ,states to support ,state programs and activities intended to better understand and use coastal resources1 coastal and natural infrastructure1 and ecosystem services provided by natural systems4 7c7 ,allocation of amounts ,of the amounts made available to carry out the program each fiscal year1 subject to subsection 7d71 such amounts shall be allocated to grants for coastal ,states under the program in accordance with the following3 7#a7 #gj percent shall be allocated equally among coastal ,states4 7#b7 #ae percent shall be allocated on the basis of the ratio of tidal shoreline in a coastal ,state to the tidal shoreline of all coastal ,states4 7#c7 #ae percent shall be allocated on the basis of the ratio of population density of the coastal counties of a coastal ,state to the average population density of all coastal counties based on the most recent data available from the ,bureau of the ,census4 7d7 ,limitation for single coastal ,state ,notwithstanding subsection 7c71 not more than #e percent of the total amounts allocated under that subsection may be allocated to any single coastal ,state1 and any amount exceeding that limitation shall be reallocated equally among the remaining coastal ,states4 7e7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the program #ej1jjj1jjj for each of fiscal years #bjbh through #bjcb4 7#b7 ,additional funding ,in addition to the amounts made available pursuant to paragraph 7#a71 the ,foundation may use such additional amounts as may be made available to carry out the program4 ,,iv ,project certainty #adja4 ,maintaining ,federal authorizations or permits for projects with non-,federal sponsors 7a7 ,definition of ,federal authorization or permit ,the term ,federal authorization or permit means an authorization1 permit1 record of decision1 right-of-way1 finding of no significant impact1 verification1 extension1 construction and operations plan1 biological opinion1 incidental take statement1 concurrence1 or any other approval or order that is necessary1 including any determination by a ,federal department or agency that additional authorizations or permits are not necessary1 for the construction or operation at full capacity of a project4 7b7 ,maintenance of authorizations and permits 7#a7 ,in general ,for projects or actions with non-,federal sponsors or holders of a ,federal authorization or permit1 a ,federal department or agency shall not take any new action that would revoke1 rescind1 withdraw1 terminate1 suspend1 amend1 or alter a ,federal authorization or permit in effect on or after ,september #af1 #bjbf1 or take any other action to interfere with or prevent the construction or operation at full capacity of a project that has secured all necessary ,federal authorizations and permits1 unless-- 7,a7 the ,federal agency is required to take such action by order of a court of competent jurisdiction2 7,b7 the holder of the ,federal authorization or permit has materially breached the terms of the ,federal authorization or permit or otherwise violated applicable law2 7,c7 the ,federal authorization or permit was obtained through fraud1 intentional concealment1 or material misrepresentation2 7,d7 such action is necessary to prevent specific1 urgent1 substantial1 and proximate harm or damage to life1 property1 national security1 or defense that is based on new information that was not considered in the underlying environmental review process or final agency action for the ,federal authorization or permit2 or 7,e7 the ,federal agency has received a request from the holder of the ,federal authorization or permit or the non-,federal project sponsor to take such action4 7#b7 ,requirement ,if a ,federal agency takes an action under paragraph 7#a7 in response to a matter described in subparagraph 7,d7 of that paragraph1 the action shall be reasonably limited only to so much as is necessary to remedy the specific issue the action is intended to address4 7#c7 ,notice ,before a ,federal agency takes an action under paragraph 7#a71 the ,federal agency shall notify the non-,federal project sponsor or holder of the ,federal authorization or permit1 in writing1 of such action1 including by-- 7,a7 providing a detailed explanation of the action2 7,b7 identifying the statutory authority relied on for the action2 and 7,c7 providing the evidence supporting the action4 7#d7 ,judicial review 7,a7 ,venue ,unless another provision of law provides for direct review in a court of appeals of the ,united ,states1 a non-,federal project sponsor or holder of a ,federal authorization or permit seeking judicial review of an action taken by a ,federal agency under paragraph 7#a7 may obtain review of such action in a ,united ,states district court in which the project is at least partially located4 7,b7 ,standard of review ,in reviewing an action taken by a ,federal agency under paragraph 7#a7 under subchapter ,,ii of chapter #e and chapter #g of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act7 or any other provision of law1 the reviewing court shall1 notwithstanding subchapter ,,ii of chapter #e and chapter #g of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act7 or any other provision of law1 place the burden of proof on the ,federal agency to demonstrate by clear and convincing evidence that #a or more of the matters described in subparagraphs 7,a7 through 7,e7 of that paragraph applies4 7,c7 ,review of classified information ,if any portion of the information that is a basis for the agency action being reviewed under this paragraph is classified or otherwise protected from public disclosure under ,federal law1 the head of the ,federal department or agency shall submit that portion of the information to the applicable court under seal or in camera1 and the applicable court shall review and refer to that portion of the information in accordance with applicable procedures governing classified or protected information4 7,d7 ,relief ,if1 at the conclusion of its review of an action taken by a ,federal agency under paragraph 7#a71 the court concludes that the ,federal agency has not met its burden under subparagraph 7,b71 the non-,federal project sponsor or holder of the ,federal authorization or permit shall be entitled to-- 7i7 the reinstatement of the ,federal authorization or permit and the termination of any action by the ,federal agency preventing the construction or operation of the project2 7ii7 injunctive relief preventing a ,federal agency from taking any new action that would revoke1 rescind1 withdraw1 terminate1 suspend1 amend1 or alter a previously granted ,federal authorization or permit or take any other action to interfere with or prevent the construction or operation at full capacity of a project without first obtaining a court order to that effect from the same judge 7assuming that judge continues to sit in the same district7 that heard the original matter2 7iii7 reasonable attorney fees and costs of litigation1 as the court determines appropriate2 7iv7 any costs associated with the applicable delay in the construction or operation of the project1 as the court determines appropriate2 and 7v7 costs in an amount equal to not less than #be percent and not more than #ej percent of the total of all costs incurred by the non-,federal project sponsor or holder of the ,federal authorization or permit in connection with the project as of the date of the action and not otherwise recovered under clause 7iii7 or 7iv71 including costs of development1 permitting1 land acquisition1 financing1 engineering1 procurement1 and construction of the project1 which amount shall be determined by the court by taking into consideration-- 7,i7 the degree to which the ,federal interference in the project occurred due to bad faith2 7,,ii7 the degree to which there exists a pattern of similar ,federal interference in other projects2 and 7,,iii7 the actual degree of economic harm to the project sponsor or operator4 7,e7 ,special rule ,if1 within #a year prior to the date of enactment of this ,act1 a ,federal ,agency has issued a stop-work order that would interfere with or prevent the construction or operation at full capacity of a project and said order has been enjoined by a court of competent jurisdiction1 then1 if a ,federal agency takes any new action that would revoke1 rescind1 withdraw1 terminate1 suspend1 amend1 or alter a previously granted ,federal authorization or permit or take any other action to interfere with or prevent the construction or operation at full capacity of said project1 the same judge 7assuming that judge continues to sit in the same district7 that heard the original matter shall have jurisdiction to hear a complaint or motion under this section4 7,f7 ,source of funds ,amounts awarded under subparagraph 7,d7-- 7i7 shall be paid from the fund described in section #acjd of title #ca1 ,united ,states ,code2 and 7ii7 shall not be subject to the availability of appropriations4 7,g7 ,limitation on jurisdiction ,notwithstanding sections #acdf and #adia of title #bh1 ,united ,states ,code1 the ,united ,states ,court of ,federal ,claims shall not have jurisdiction over any claim for1 or in respect to1 this section-- 7i7 during the consideration of a petition for relief under this section2 and 7ii7 in perpetuity if relief is granted under subparagraph 7,d74 #adjb4 ,ensuring fairness for specific types of covered projects 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 all ,federal agencies shall treat all applications for ,federal authorizations or permits fairly and efficiently2 and 7#b7 this section shall serve as a guarantee that fair and efficient decisionmaking shall occur after the date of enactment of this ,act4 7b7 ,definitions ,in this section3 7#a7 ,covered application ,the term covered application means a complete application for #a or more ,federal authorizations or permits4 7#b7 ,federal authorization or permit ,the term ,federal authorization or permit means an authorization1 permit1 record of decision1 right-of-way1 finding of no significant impact1 verification1 extension1 construction and operations plan1 biological opinion1 incidental take statement1 concurrence1 or any other approval or order that is necessary1 including any determination by a ,federal department or agency that additional authorizations or permits are not necessary1 for the construction or operation at full capacity of a specific type of covered project4 7#c7 ,pattern of disparate treatment ,the term pattern of disparate treatment means1 with respect to #a specific type of covered project1 an empirically demonstrated statistical pattern that-- 7,a7 shows a substantial increase1 compared against the #e most recent calendar years of empirical data on ,federal authorization or permit decisions and delays for that specific type of covered project1 in-- 7i7 the percentage of ,federal authorizations or permits for that #a specific type of covered project that are unreasonably delayed beyond the applicable timeline as described in subsection 7d77#a77;,a77ii72 or 7ii7 the percentage of ,federal authorizations or permits for that #a specific type of covered project that are improperly denied2 7,b7 persists-- 7i7 for a ,federal authorization or permit for which an environmental impact statement or environmental assessment 7as those terms are defined in section #c of the ,national ,environmental ,policy ,act of #aifi7 are not required1 over a minimum period of #ahj days1 at least #ahj days of which occurred after the date of enactment of this ,act2 or 7ii7 for a ,federal authorization or permit for which an environmental impact statement or environmental assessment 7as so defined7 are required1 over a minimum period of #bhj days1 at least #bhj days of which occurred after the date of enactment of this ,act2 and 7,c7 is the result of an intentional course of action undertaken by the ,federal ,government to create such a pattern4 7#d7 ,specific type of covered project ,the term specific type of covered project means #a of the following types of projects3 7,a7 ,a project to produce electricity from onshore wind4 7,b7 ,a project to produce electricity from offshore wind4 7,c7 ,a project to produce electricity from solar4 7,d7 ,an energy storage project4 7,e7 ,a project to produce electricity from coal4 7,f7 ,a project to produce electricity from natural gas4 7,g7 ,a project to produce electricity from oil4 7,h7 ,a project to produce electricity from a nuclear fission reactor4 7,i7 ,a project to produce electricity from geothermal4 7,j7 ,an onshore electricity transmission project4 7,k7 ,an offshore electricity transmission project4 7,l7 ,a natural gas pipeline project4 7,m7 ,an oil pipeline project4 7,n7 ,a hydrogen pipeline project4 7,o7 ,a carbon dioxide pipeline project4 7,p7 ,a natural gas liquids pipeline project4 7,q7 ,a project to produce coal4 7,r7 ,a project to produce onshore natural gas4 7,s7 ,a project to produce offshore natural gas4 7,t7 ,a project to produce onshore oil4 7,u7 ,a project to produce offshore oil4 7,v7 ,a hardrock mining project to produce minerals1 with hardrock mining projects that produce the same mineral to be considered the same specific type of covered project for purposes of this paragraph4 7,w7 ,a hardrock mineral processing project to produce or expand production of hardrock minerals4 7,x7 ,a project to produce electricity from hydrogen4 7,y7 ,a project to produce electricity from biomass4 7,z7 ,a project to refine or process petroleum products4 7,,aa7 ,a project to produce biomass4 7,,bb7 ,a hydropower project4 7,,cc7 ,a pumped storage hydropower project4 7,,dd7 ,a project to produce electricity from a fusion machine4 7,,ee7 ,a project to produce uranium4 7,,ff7 ,a project to enrich1 convert1 fabricate1 reprocess1 or store source material or special nuclear material 7as those terms are defined in section #aa of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjad774 7,,gg7 ,a project to export or import liquefied natural gas4 7,,hh7 ,a project to liquefy natural gas or to regasify liquefied natural gas4 7,,ii7 ,a project to export or import crude oil4 7,,jj7 ,a project to export or import refined petroleum products4 7,,kk7 ,a project to export or import coal4 7,,ll7 ,a geologic carbon dioxide sequestration or storage project1 including an injection well4 7,,mm7 ,an enhanced oil or natural gas recovery project1 including a project using carbon dioxide1 water1 or other injectants4 7,,nn7 ,long-duration battery storage4 7,,oo7 ,a project to refine or process crude oil4 7,,pp7 ,a project to refine natural gas or natural gas liquids4 7,,qq7 ,an ammonia pipeline project4 7,,rr7 ,a produced water pipeline project4 7,,ss7 ,a helium pipeline project4 7,,tt7 ,a coal gasification project4 7,,uu7 ,any other specific type of energy related project not described in subparagraphs 7,a7 through 7,,tt7 that a ,united ,states district court of competent jurisdiction certifies shares common industrial characteristics1 taking into account the specificity of the covered project types described in subparagraphs 7,a7 through 7,,tt74 7c7 ,timeline for issuance of certain authorizations or permits not subject to environmental reviews ,for any specific type of covered project for which #a or more ,federal authorizations or permits are required1 but for which ,federal authorizations or permits are not agency actions for which an environmental impact statement or environmental assessment 7as those terms are defined in section #c of the ,national ,environmental ,policy ,act of #aifi7 is required1 all ,federal departments and agencies shall render decisions on all applicable covered applications not later than #a year after the date on which the latest of the covered applications is determined to be complete4 7d7 ,judicial review 7#a7 ,cause of action 7,a7 ,in general ,the applicant seeking a ,federal authorization or permit for a specific type of covered project may bring an action in a ,united ,states district court in which the project is at least partially located alleging1 subject to subparagraph 7,b71 that after the date of enactment of this ,act #a or more ,federal authorizations or permits for that specific type of covered project were-- 7i7 improperly denied due to a pattern of disparate treatment by the ,federal ,government against the specific type of covered project at issue2 or 7ii7 unreasonably delayed due to a pattern of disparate treatment by the ,federal ,government against the specific type of covered project at issue by more than #fj days beyond the applicable deadline described in-- 7,i7 section #ajg7;g77#a77;,a7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7g77#a77;,a772 7,,ii7 section #ajg7;g77#a77;,b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7g77#a77;,b772 or 7,,iii7 subsection 7c74 7,b7 ,requirement 7i7 ,in general ,in a cause of action brought under subparagraph 7,a71 the applicant shall have the burden of proof of showing that-- 7,i7 the relevant application satisfies all applicable ,federal law2 7,,ii7 the applicable ,federal authorizations or permits would not1 if granted1 be subject to cancellation-- 7aa7 for a violation of application ,federal law2 or 7bb7 because the ,federal authorization or permit would have been obtained through fraud1 intentional concealment1 or material misrepresentation2 and 7,,iii7 the ,federal authorizations or permits were improperly denied or unreasonably delayed due to a pattern of disparate treatment by the ,federal ,government against the specific type of covered project at issue that occurred after the date of enactment of this ,act4 7ii7 ,prima facie evidence 7,i7 ,evidence ,the following shall be considered by a court as prima facie evidence of a pattern of disparate treatment under clause 7i77,,iii73 7aa7 ,empirical evidence ,empirical evidence demonstrating a pattern of improper denial or unreasonable delay with respect to the specific type of covered project at issue compared to the previous rate at which other ,federal authorizations or permits were delivered for that same specific type of covered project prior to the commencement of the alleged pattern of delayed or denied ,federal authorizations or permits4 7bb7 ,supporting evidence ,in support of the empirical evidence described in item 7aa71 an applicant may provide supporting evidence1 including a pattern of statements made by executive branch officials1 ,federal department and agency policies1 ,executive orders1 or other official guidance that demonstrates a bias in the permitting regime against the specific type of covered project at issue1 except as provided in subclause 7,,ii74 7,,ii7 ,exclusion ,statements1 policies1 ,executive orders1 or other guidance that expresses a preference for1 or opposition to1 #a or more specific types of covered projects1 but is unrelated to the permitting of such projects1 shall not be considered by a court as supporting evidence of a pattern of disparate treatment under subclause 7,i77bb74 7iii7 ,burden of evidentiary production 7,i7 ,in general ,in a cause of action brought under this paragraph1 if the applicant produces prima facie evidence of a pattern of disparate treatment under clause 7i71 the ,federal ,government shall have the burden to provide to the applicant and the court raw statistical data for the calendar year in which the action is brought and the preceding #e calendar years showing1 with respect to the specific type of covered project at issue-- 7aa7 the number and percentage of projects that received all necessary ,federal authorizations or permits2 7bb7 the number and percentage of projects that were denied #a or more ,federal authorizations or permits2 and 7cc7 the number and percentage of projects for which #a or more covered applications were pending for more than #fj days beyond the applicable deadline described in subsection 7c74 7,,ii7 ,failure to produce ,a failure of the ,federal ,government to produce the data described in subclause 7,i7 shall result in an adverse inference against the #a or more ,federal agencies named in the cause of action4 7,c7 ,record for review ,the court shall hear a cause of action brought under this paragraph solely on-- 7i7 the evidence produced by the applicant2 7ii7 the administrative record before the agency2 and 7iii7 any raw statistical data required to be provided under subparagraph 7,b77iii74 7#b7 ,remedy 7,a7 ,in general ,if the applicant for a specific type of covered project successfully proves that the applicable ,federal authorizations or permits were improperly denied or unreasonably delayed under paragraph 7#a71 the applicant shall be entitled to-- 7i7 injunctive relief1 as provided by applicable ,federal law2 7ii7 reasonable attorney fees and costs of litigation1 as the court determines appropriate2 7iii7 economic damages1 including any costs associated with the applicable denial or delay1 as the court determines appropriate2 and 7iv7 damages in an amount equal to not less than #ej percent and not more than #ajj percent of the total reasonably expected cost of construction of the project1 which amount shall be determined by the court taking into consideration-- 7,i7 the degree to which the ,federal interference in the applicable specific type of covered project occurred due to bad faith2 7,,ii7 the degree to which there exists a pattern of similar ,federal interference in specific types of covered projects2 and 7,,iii7 the actual degree of economic harm to the project sponsor or operator4 7,b7 ,requirement ,to receive a remedy under subparagraph 7,a71 the applicant shall demonstrate the technical and financial ability to construct the applicable specific type of covered project4 7#c7 ,project completion ,an applicant that receives a remedy under paragraph 7#b7 shall1 after obtaining all necessary ,federal authorizations or permits and absent force majeure-- 7,a7 complete the applicable specific type of covered project2 or 7,b7 repay all remedies received under paragraph 7#b74 7#d7 ,source of funds ,amounts awarded under paragraph 7#b7-- 7,a7 shall be paid from the fund described in section #acjd of title #ca1 ,united ,states ,code2 and 7,b7 shall not be subject to the availability of appropriations4 7#e7 ,prohibition on class actions ,rule #bc of the ,federal ,rules of ,civil ,procedure shall not apply to any action brought under this section1 and no party with a claim under this section or any other person may sue as a representative party on behalf of any member of a specific type of covered project subject to ,rule #bc of the ,federal ,rules of ,civil ,procedure4 7#f7 ,limitation on bringing claims ,with respect to a claim filed under this section after the date of enactment of this ,act-- 7,a7 no claim related to a ,federal authorization or permit for which an environmental impact statement or environmental assessment 7as those terms are defined in section #c of the ,national ,environmental ,policy ,act of #aifi7 is required may be filed until the date that is #bhj days after that date of enactment2 and 7,b7 no claim related to a ,federal authorization or permit for which an environmental impact statement or environmental assessment 7as so defined7 is not required may be filed until the date that is #ahj days after that date of enactment4 #adjc4 ,avoiding unreasonable delays in permitting 7a7 ,definitions ,in this section3 7#a7 ,covered application ,the term covered application means a complete application for #a or more ,federal authorizations or permits4 7#b7 ,federal authorization or permit ,the term ,federal authorization or permit means an authorization1 permit1 record of decision1 right-of-way1 finding of no significant impact1 verification1 extension1 construction and operations plan1 biological opinion1 incidental take statement1 concurrence1 or any other approval or order that is necessary1 including any determination by a ,federal department or agency that additional authorizations or permits are not necessary1 for the construction or operation at full capacity of a project4 7b7 ,right ,to petition ,an applicant seeking a ,federal authorization or permit for which an environmental impact statement or environmental assessment 7as those terms are defined in section #c of the ,national ,environmental ,policy ,act of #aifi7 is not required may obtain judicial review of the compliance by a ,federal agency with the deadline established under section #adjb7;c7 with respect to the covered application by filing a complaint in a ,united ,states district court in which the applicable project is at least partially located4 7c7 ,exceptions ,the failure of a ,federal agency to comply with the deadline established under section #adjb7;c7 with respect to a covered application shall not be considered a failure to comply if the ,federal agency proves by clear and convincing evidence that the failure was caused by-- 7#a7 a natural disaster1 act of ,god1 or act of war that reasonably impaired the ability of the ,federal agency to comply with the relevant deadline established under section #adjb7;c72 7#b7 a national emergency for which the only available response is to delay the decision on the ,federal authorization or permit beyond the applicable deadline2 7#c7 the covered application being based on fraud or material misrepresentations of fact2 7#d7 the applicant withholding information necessary to the ability of the ,federal agency to comply with the statutory obligations of the ,federal agency in issuing a decision on the ,federal authorization or permit after the ,federal agency has made a reasonable and timely request for such information2 or 7#e7 a lapse in appropriations of more than #ad days affecting #a or more of the relevant ,federal agencies with decisionmaking authority over the ,federal authorization or permit4 7d7 ,remedy ,if a court of competent jurisdiction finds that a ,federal agency has failed to act in accordance with this section1 the court shall-- 7#a7 provide injunctive relief1 as appropriate1 to give effect to this section2 and 7#b7 retain jurisdiction to ensure compliance with any such injunctive relief provided4 7e7 ,expedited procedures2 time to decide ,a reviewing court shall-- 7#a7 establish an expedited schedule for briefing and disposition under this section2 and 7#b7 issue a decision under this section as expeditiously as practicable1 but not later than #abj days1 after the date on which the petition is filed under subsection 7b71 absent extraordinary circumstances4 7f7 ,order ,a court awarding injunctive relief under subsection 7d77#a7 shall issue an order requiring a decision on the covered application not later than #fj days after the date on which the order is issued4 ,b ,committee on ,energy and ,natural ,resources ,i ,electric transmission #baja4 ,transmission permitting 7a7 ,definitions ,section #baf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7 is amended by striking subsection 7a7 and inserting the following3 7a7 ,definitions ,in this section3 7#a7 ,affected landowner ,the term affected landowner includes each owner of a property interest in affected property1 including-- 7,a7 the ,federal ,government2 7,b7 a ,state or local government2 and 7,c7 each owner noted in the most recent county or city tax record as receiving the relevant tax notice with respect to that interest4 7#b7 ,affected property ,the term affected property means any land or other property-- 7,a7 that is or will be crossed by the energy transmission facility proposed to be constructed or modified under the applicable permit under subsection 7b72 7,b7 that is or will be used as a facility site with respect to the energy transmission facility proposed to be constructed or modified under the applicable permit under subsection 7b72 7,c7 that abuts any boundary of an existing right-of-way or other facility site that-- 7i7 is owned by an electric utility2 and 7ii7 is located not more than #ejj feet from the energy transmission facility to be constructed or modified under the applicable permit under subsection 7b72 7,d7 that abuts the boundary of a proposed facility site for the energy transmission facility to be constructed or modified under the applicable permit under subsection 7b72 7,e7 that is crossed by1 or abuts any boundary of1 an existing or proposed right-of-way that-- 7i7 will be used for the energy transmission facility to be constructed or modified under the applicable permit under subsection 7b72 and 7ii7 is located not more than #ejj feet from the proposed location of that energy transmission facility2 or 7,f7 on which a residence is located not more than #ejj feet from the boundary of any right-of-way for that energy transmission facility4 7#c7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#d7 ,improved reliability ,the term improved reliability has the meaning given the term in section #bbe7;a74 7#e7 ,landowner input ,the term landowner input means input received-- 7,a7 by the ,commission2 7,b7 from affected landowners1 such as farmers and ranchers1 in the path of the proposed construction or modification of an electric transmission facility2 and 7,c7 pursuant to notification provided to1 and consultation with1 those affected landowners1 farmers1 and ranchers by the ,commission4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 4 7b7 ,construction permit ,section #baf7;b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7b77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,except and all that follows through finds that and inserting ,except as provided in subsections 7d77#a7 and 7i71 the ,commission shall1 after notice and an opportunity for hearing1 including a public comment period of at least #de days1 issue one or more permits to individual or joint applicants for the construction or modification of electric transmission facilities necessary in the national interest if the ,commission finds that2 7#b7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a77i71 by inserting or modification after siting2 and 7,b7 in subparagraph 7,c7-- 7i7 in the matter preceding clause 7i71 by inserting or modification after siting2 and 7ii7 in clause 7i71 by striking the later of in the matter preceding subclause 7,i7 and all that follows through the semicolon at the end of subclause 7,,ii7 and inserting the date on which the application was filed with the ,state commission or other entity22 and 7#c7 by striking paragraphs 7#b7 through 7#f7 and inserting the following3 7#b7 the proposed facilities will be used for the transmission of electric energy in interstate commerce 7including transmission from the outer ,continental ,shelf to a ,state7 or foreign commerce2 7#c7 the proposed construction or modification is consistent with the public interest2 7#d7 the proposed construction or modification will protect or benefit consumers and provide improved reliability2 7#e7 the electric transmission facilities are capable of transmitting electric energy at a voltage of not less than #bcj kilovolts or1 in the case of facilities that include advanced transmission conductors 7including superconductors71 as defined by the ,commission1 voltages determined to be appropriate by the ,commission2 and 7#f7 if applicable1 the proposed modification 7including reconductoring7 will maximize1 to the extent reasonable and economical1 the transmission capabilities of existing towers1 structures1 or rights-of-way4 4 7c7 ,state siting and consultation ,section #baf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,state siting and consultation 7#a7 ,preservation of ,state siting authority ,the ,commission shall have no authority to issue a permit under subsection 7b7 for the construction or modification of an electric transmission facility within a ,state except as provided in paragraph 7#a7 of that subsection4 7#b7 ,consultation ,in any proceeding before the ,commission under subsection 7b71 the ,commission shall afford each ,state in which a transmission facility covered by the permit is or will be located1 each affected ,federal agency and ,indian ,tribe1 private property owners1 and other interested persons1 a reasonable opportunity to present their views and recommendations with respect to the need for and impact of a facility covered by the permit4 7#c7 ,landowner input ,in authorizing the construction or modification of an electric transmission facility under subsection 7b71 the ,commission shall take into account landowner input4 7#d7 ,state record ,in any proceeding before the ,commission under subsection 7b71 each ,state in which a transmission facility covered by the permit is or will be located may file with the ,commission1 and the ,commission shall consider1 any part of the ,state record1 if applicable1 that the ,state finds to be relevant to the determination of the ,commission4 7#e7 ,pre-filing processes ,any ,commission-related pre-filing processes relating to an application submitted under subsection 7c7 may commence before1 but shall commence no later than1 an application is submitted to the applicable ,state commission or other entity that has authority to approve the siting of the applicable facility4 7#f7 ,simultaneous processing ,in the case of transmission facilities that are capable of transmitting electric energy at a voltage of not less than #cde kilovolts1 an application under subsection 7c7 shall be submitted to the ,commission simultaneously with1 or any time after1 the submission of an application to the applicable ,state commission or other entity that has authority to approve the siting of the applicable facility1 and the ,commission shall commence a proceeding under subsection 7b74 7#g7 ,limitations ,simultaneous processing under paragraph 7#f7 is subject to the condition that the ,commission shall not issue a permit under subsection 7b7 unless the ,commission first makes a finding described in subparagraph 7,a71 7,b71 or 7,c7 of subsection 7b77#a7 with respect to the applicable electric transmission facility4 4 7d7 ,rights-of-,way ,section #baf7;e77#c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7e77#c77 is amended by striking shall conform and all that follows through the period at the end and inserting shall be in accordance with rule #ga4a of the ,federal ,rules of ,civil ,procedure44 7e7 ,cost allocation 7#a7 ,in general ,section #baf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7 is amended by striking subsection 7f7 and inserting the following3 7f7 ,cost allocation 7#a7 ,transmission tariffs ,for the purposes of this section and except as provided in paragraph 7#b71 any transmitting utility that owns1 controls1 or operates electric transmission facilities that the ,commission finds to be consistent with the findings under paragraphs 7#b7 through 7#e7 and1 if applicable1 7#f7 of subsection 7b7 shall file a tariff or tariff revision with the ,commission pursuant to section #bje and the regulations of the ,commission allocating the costs of the new or modified transmission facilities4 7#b7 ,exception ,in the case of an exempt transmitting utility 7as defined in section #bbe7;a77 that owns1 controls1 or operates electric transmission facilities described in paragraph 7#a71 the ,commission1 notwithstanding section #baa;,a7c71 shall require the exempt transmitting utility to provide transmission services over such facilities pursuant to section #baa;,a and the regulations of the ,commission allocating the costs of the new or modified transmission facilities4 7#c7 ,transmission benefits ,the ,commission shall require that tariffs or tariff revisions filed under this section are just and reasonable and allocate the costs of providing service to customers that benefit1 in accordance with the cost-causation principle and at least roughly commensurate with the benefits1 including through-- 7,a7 improved reliability2 7,b7 reduced congestion2 7,c7 reduced power losses2 7,d7 greater carrying capacity that delivers improved reliability or reductions in the cost of delivered power2 7,e7 reduced operating reserve requirements2 and 7,f7 improved access to generation that achieves reductions in the cost of delivered power4 7#d7 ,ratepayer protection ,customers that receive no benefit1 or benefits that are trivial in relation to the costs sought to be allocated1 from electric transmission facilities constructed or modified under this section shall not be involuntarily allocated any of the costs of those transmission facilities1 provided1 however1 that nothing in this section shall prevent a transmitting utility from recovering such costs through voluntary agreement with its customers4 4 7#b7 ,savings provision ,if the ,federal ,energy ,regulatory ,commission finds that the considerations under paragraphs 7#a7 through 7#e7 and1 if applicable1 7#f7 of section #baf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7 7as amended by subsection 7b77 are met1 nothing in this section or the amendments made by this section shall be construed to exclude transmission facilities located on the outer ,continental ,shelf from being eligible for cost allocation established under subsection 7f77#a7 of that section 7as amended by paragraph 7#a774 7f7 ,coordination of ,federal authorizations for transmission facilities ,section #baf7;h7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7h77 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following3 7,c7 ,the term ,federal authorization includes a certification under section #dja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda7 from a certifying authority 7as defined in subsection 7h7 of that section7 and any other permit1 license1 concurrence1 or approval of a ,state administrative agency required under ,federal law1 other than the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq471 in order to site a transmission facility4 2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting the following3 1 except that-- 7,a7 the ,commission shall act as the lead agency in the case of facilities permitted under subsection 7b7 or section #bbe2 and 7,b7 the ,department of the ,interior shall act as the lead agency in the case of facilities located on a lease1 easement1 or right-of-way granted by the ,secretary of the ,interior under section #h7p77#a77;,c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#a77;,c774 2 7#c7 in each of paragraphs 7#c71 7#d77;,b71 7#d77;,c71 7#e77;,b71 7#f77;,a71 7#g77;,a71 7#g77;,b77i71 7#h77;,a77i71 and 7#i71 by striking ,secretary each place it appears and inserting lead agency2 7#d7 in paragraph 7#d77;,a71 by striking ,as head of the lead agency1 the ,secretary and inserting ,the lead agency2 7#e7 in paragraph 7#e77;,a71 by striking ,as lead agency head1 the ,secretary and inserting ,the lead agency2 7#f7 in paragraph 7#g7-- 7,a7 in subparagraph 7,a71 by striking #ah months after the date of enactment of this section and inserting #ah months after the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf2 and 7,b7 in subparagraph 7,b77i71 by striking #a year after the date of enactment of this section and inserting #ah months after the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf2 and 7#g7 by adding at the end the following3 7#aj7 ,any order or action of a ,federal agency or ,state administrative agency acting pursuant to ,federal law to issue1 condition1 or deny a ,federal authorization shall be subject to judicial review in the same courts in which an order of the ,commission is subject to judicial review under section #cac1 and a court shall have jurisdiction over the action in accordance with the third sentence of subsection 7b7 of that section1 the courts described in that section having original and exclusive jurisdiction over such actions4 4 7g7 ,interstate compacts ,section #baf7;i7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7i77 is amended-- 7#a7 in paragraph 7#c71 by striking 1 including facilities in national interest electric transmission corridors2 and 7#b7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a71 by striking 2 and and inserting a period2 7,b7 by striking subparagraph 7,b72 and 7,c7 by striking in disagreement in the matter preceding subparagraph 7,a7 and all that follows through 7,a7 the in subparagraph 7,a7 and inserting unable to reach an agreement on an application seeking approval by the4 7h7 ,transmission infrastructure investment ,section #bai7;b77#d7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbds7b77#d77 is amended-- 7#a7 in subparagraph 7,a71 by striking and after the semicolon at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 all prudently incurred costs associated with payments to jurisdictions impacted by electric transmission facilities developed pursuant to section #baf or #bbe4 4 7i7 ,jurisdiction ,section #baf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7 is amended by striking subsection 7k7 and inserting the following3 7k7 ,jurisdiction 7#a7 ,,ercot ,this section shall not apply within the area referred to in section #bab7k77#b77;,a74 7#b7 ,other utilities 7,a7 ,in general ,for the purposes of this section1 the ,commission shall have jurisdiction over all transmitting utilities1 including transmitting utilities described in section #bja7;f71 but excluding any ,,ercot utility 7as defined in section #bab7k77#b77;,b77 and any exempt transmitting utility that does not voluntarily subject itself to ,commission jurisdiction for the purposes of this section4 7,b7 ,clarification ,being subject to ,commission jurisdiction for the purposes of this section shall not make an entity described in section #bja7;f7 a public utility for the purposes of section #bja7;e74 4 7j7 ,conforming amendments 7#a7 ,section #ejaea7;b7 of ,public ,law #aag-afi 7#db ,u4,s4,c4 #ahgae7;b77 is amended by striking facilities designated by the ,secretary to be necessary in the national interest under section #baf7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7a77 and inserting facilities in a geographic area identified under section #bbd of the ,federal ,power ,act4 7#b7 ,section #abbb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afdba7 is amended-- 7,a7 in subsection 7a77#a77;,a71 by striking in a national interest electric transmission corridor designated under section #baf7;a7 and inserting in a geographic area identified under section #bbd2 and 7,b7 in subsection 7b77#a77;,a71 by striking in an area designated under section #baf7;a7 and inserting in a geographic area identified under section #bbd4 7#c7 ,section #djajf7;h77#a77;,a7 of the ,infrastructure ,investment and ,jobs ,act 7#db ,u4,s4,c4 #ahgac7;h77#a77;,a77 is amended by striking in an area designated as a national interest electric transmission corridor pursuant to section #baf7;a7 of the ,federal ,power ,act #af ,u4,s4,c4 #hbdp7a7 and inserting in a geographic area identified under section #bbd of the ,federal ,power ,act4 #bajb4 ,reconductoring and other activities in existing rights-of-way 7a7 ,categorical exclusion for reconductoring ,the ,federal ,power ,act is amended by inserting after section #baf 7#af ,u4,s4,c4 #hbdp7 the following3 #baf;,a4 ,grid capacity expansion in existing rights-of-way 7a7 ,definitions ,in this section3 7#a7 ,applicable electrical standard ,the term applicable electrical standard includes-- 7,a7 a reliability standard 7as defined in section #bae7;a772 and 7,b7 an applicable standard of the ,national ,electrical ,safety ,code published by the ,institute of ,electrical and ,electronics ,engineers ,standards ,association4 7#b7 ,covered area ,the term covered area means an area-- 7,a7 within an existing right-of-way2 or 7,b7 within the minimum additional area adjacent to an existing right-of-way that is necessary-- 7i7 to comply with applicable electrical standards2 or 7ii7 to complete an activity described in subsection 7b74 7#c7 ,covered facility ,the term covered facility means an existing electric transmission or distribution facility or associated infrastructure 7including an electrical substation7 that is located within a covered area4 7b7 ,exemptions 7#a7 ,in general ,activities to maintain or increase the capacity of the electric grid within a covered area1 and any ,federal agency action authorizing such activities-- 7,a7 are a category of actions designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 shall not be considered to be-- 7i7 a major ,federal action for purposes of that ,act2 or 7ii7 an undertaking for purposes of section #cjfajh of title #ed1 ,united ,states ,code4 7#b7 ,inclusions ,the activities described in paragraph 7#a7 include-- 7,a7 any repair1 maintenance1 replacement1 upgrade1 rebuilding1 modification1 optimization1 minor relocation of1 or addition to1 a covered facility1 including-- 7i7 reconductoring2 7ii7 an increase in operating voltage2 7iii7 a circuit addition or adjustment2 and 7iv7 installation of advanced transmission technologies 7as defined in section #abbc7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afdbb7;a7772 7,b7 any minimum widening of an existing right-of-way associated with an activity described in subparagraph 7,a7 that-- 7i7 is necessary to comply with applicable electrical standards2 or 7ii7 remains within a covered area2 7,c7 an addition of energy storage at or near a covered facility2 and 7,d7 the addition of a parallel circuit within an existing right-of-way4 4 7b7 ,interstate natural gas pipeline modernization within existing corridors ,section #g of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7 is amended by adding at the end the following3 7i7 ,covered pipeline activities 7#a7 ,definitions ,in this subsection3 7,a7 ,covered activity ,the term covered activity means any repair1 maintenance1 replacement1 upgrade1 rebuilding1 modification1 optimization1 minor relocation1 looping1 compression1 capacity-enhancement project1 or addition to a covered facility4 7,b7 ,covered area ,the term covered area means-- 7i7 an existing right-of-way2 and 7ii7 the footprint of original construction previously authorized and environmentally reviewed under this ,act1 together with any minimum additional area adjacent to an existing right-of-way that is necessary to complete a covered activity4 7,c7 ,covered facility ,the term covered facility means an existing interstate natural gas pipeline or associated infrastructure1 including a compressor station1 meter station1 regulator station1 valve site1 launcher1 receiver1 storage-related facility1 or similar facility located within a covered area4 7#b7 ,environmental review ,a covered activity and any ,federal agency action authorizing that covered activity-- 7,a7 shall not be considered a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 if the covered activity remains within a covered area2 and 7,b7 shall not be considered an undertaking for purposes of section #cjfajh of title #ed1 ,united ,states ,code1 if the covered activity remains within a covered area4 7#c7 ,rule of construction ,nothing in this subsection affects the applicability of any requirement under-- 7,a7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly known as the ,clean ,water ,act72 7,b7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 or 7,c7 any other applicable ,federal law not expressly addressed by this subsection4 4 #bajc4 ,transmission planning ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is amended by adding at the end the following3 #bbd4 ,transmission study 7a7 ,in general ,not later than #a year after the date of enactment of this section and every #c years thereafter1 the ,secretary of ,energy 7referred to in this section as the ,secretary71 in consultation with affected ,states and ,indian ,tribes1 shall conduct a study of electric transmission capacity constraints and congestion4 7b7 ,report 7#a7 ,in general ,not less frequently than once every #c years1 the ,secretary shall issue a report based on the study under subsection 7a7 or other information relating to electric transmission capacity constraints and congestion4 7#b7 ,opportunity for comment ,before issuing a report under paragraph 7#a71 the ,secretary shall-- 7,a7 provide an opportunity for comment to affected ,states and ,indian ,tribes2 and 7,b7 take into consideration any comments received under subparagraph 7,a7 in preparing the report4 7#c7 ,identification of areas with capacity constraints and congestion ,after considering alternatives and recommendations from interested parties 7including any comments received from affected ,states and ,indian ,tribes71 the ,secretary may identify in a report issued under paragraph 7#a7 any geographic area that-- 7,a7 is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers2 or 7,b7 is expected to experience such energy transmission capacity constraints or congestion4 7c7 ,consultation ,not less frequently than once every #c years1 the ,secretary1 in conducting the study under subsection 7a7 and issuing the report under subsection 7b71 shall consult with affected transmission planning regions 7as defined in section #bbe7;a77 and any appropriate regional entity referred to in section #bae4 7d7 ,alaska ,the ,secretary-- 7#a7 shall1 in consultation with the ,state of ,alaska and affected ,indian ,tribes1 consider any intrastate transmission capacity constraints and congestion within the ,state of ,alaska in the study under subsection 7a72 and 7#b7 in issuing the report under subsection 7b71 may1 subject to the approval of the ,regulatory ,commission of ,alaska1 identify any geographic area in the ,state of ,alaska that-- 7,a7 is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers2 or 7,b7 is expected to experience such energy transmission capacity constraints or congestion4 #bbe4 ,planning for transmission facilities that enhance grid reliability1 affordability1 and resilience 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,,ero ,the term ,,ero has the meaning given the term in section #bae7;a74 7#c7 ,exempt transmitting utility ,the term exempt transmitting utility means a transmitting utility that is-- 7,a7 a ,state or any political subdivision of a ,state2 or 7,b7 an electric cooperative that sells less than #d1jjj1jjj megawatt hours of electricity per year4 7#d7 ,improved reliability ,the term improved reliability means that1 on balance1 considering each of the matters described in subparagraphs 7,a7 through 7,d71 reliability is improved in a material manner that benefits customers through at least one of the following3 7,a7 ,facilitating compliance with a mandatory standard for reliability approved by the ,commission under section #bae4 7,b7 ,a reduction in expected unserved energy1 loss of load hours1 or loss of load probability 7as defined by the ,,ero74 7,c7 ,facilitating compliance with a tariff requirement or process for resource adequacy on file with the ,commission4 7,d7 ,any other similar material improvement1 including a reduction in correlated outage risk4 7#e7 ,interregional transmission facility ,the term interregional transmission facility means a transmission facility that-- 7,a7 is located within #b or more neighboring transmission planning regions2 or 7,b7 significantly impacts the ability of #a or more transmission planning regions to transmit electric energy among neighboring transmission planning regions4 7#f7 ,regional transmission facility ,the term regional transmission facility means a transmission facility that-- 7,a7 is located within #a transmission planning region2 and 7,b7 is not an interregional transmission facility4 7#g7 ,transmission planning region 7,a7 ,in general ,the term transmission planning region-- 7i7 when used in a geographical sense1 means a region for which the ,commission determines that electric transmission planning is appropriate1 such as a region established in accordance with ,order ,no4 #ajjj of the ,commission1 entitled ,transmission ,planning and ,cost ,allocation by ,transmission ,owning and ,operating ,public ,utilities 7#gf ,fed4 ,reg4 #dihdb 7,august #aa1 #bjaa772 and 7ii7 when used in a corporate sense1 means the ,transmission ,organization or other entity responsible for planning or operating electric transmission facilities within a region described in clause 7i74 7,b7 ,exclusion ,the term transmission planning region does not include the ,electric ,reliability ,council of ,texas or the region served by members of the ,electric ,reliability ,council of ,texas4 7b7 ,jurisdiction 7#a7 ,,ercot ,this section shall not apply within the area referred to in section #bab7k77#b77;,a74 7#b7 ,other utilities 7,a7 ,in general ,for the purposes of this section1 the ,commission shall have jurisdiction over all transmitting utilities1 including transmitting utilities described in section #bja7;f71 but excluding any ,,ercot utility 7as defined in section #bab7k77#b77;,b77 and any exempt transmitting utility that does not voluntarily subject itself to ,commission jurisdiction for the purposes of this section4 7,b7 ,clarification ,being subject to ,commission jurisdiction for the purposes of this section shall not make an entity described in section #bja7;f7 a public utility for the purposes of section #bja7;e74 7c7 ,rulemaking requirement ,not later than #ahj days after the date of enactment of this section1 the ,commission shall1 consistent with the requirements of this section1 by rule-- 7#a7 require each transmission planning region to establish a process for planning for regional transmission facilities in accordance with this section2 7#b7 require neighboring transmission planning regions to jointly establish a process for planning interregional transmission facilities in accordance with this section2 7#c7 require each transmission planning region to submit to the ,commission for approval-- 7,a7 a regional transmission planning process2 and 7,b7 a joint interregional transmission planning process with each of its neighboring transmission planning regions1 which requirement may1 at the discretion of the transmission planning region1 be satisfied through the submission of-- 7i7 a separate joint interregional transmission planning process with each of its neighboring transmission planning regions2 or 7ii7 #a or more joint interregional transmission planning processes1 any of which may be submitted with any #a or more of its neighboring transmission planning regions2 and 7#d7 establish rate treatments for regional and interregional transmission planning and cost allocation4 7d7 ,transmission planning process elements ,the ,commission shall require1 within the rule under subsection 7c71 that regional and joint interregional transmission planning processes contain the following elements3 7#a7 ,compatibility ,a common set of input assumptions and models1 on a consistent timeline1 that-- 7,a7 allow for the joint identification and selection of specific interregional transmission facilities1 and individual identification and selection of specific regional transmission facilities1 by transmission planning regions1 for construction or modification1 including through the use of advanced transmission conductors 7including superconductors7 and reconductoring2 7,b7 consider1 to the extent reasonable and economical1 modifications that maximize the transmission capabilities of existing towers1 structures1 or rights-of-way2 and 7,c7 consider interactions with existing regional1 interregional1 and supplemental transmission plans and planning processes4 7#b7 ,transmission benefits ,a common set of benefits for regional and interregional transmission planning and cost allocation1 including-- 7,a7 improved reliability2 7,b7 reduced congestion2 7,c7 reduced power losses2 7,d7 greater carrying capacity that delivers improved reliability or reductions in the cost of delivered power2 7,e7 reduced operating reserve requirements2 and 7,f7 improved access to generation that achieves reductions in the cost of delivered power4 7#c7 ,selection criteria ,criteria governing the selection by transmission planning regions1 for construction or modification1 of regional and interregional transmission facilities that-- 7,a7 provide improved reliability2 7,b7 protect or benefit consumers2 and 7,c7 are consistent with the public interest4 7e7 ,deadline2 updates ,the regional and joint interregional transmission planning processes required to be submitted to the ,commission pursuant to the rule under subsection 7c7 shall be-- 7#a7 submitted to the ,commission not later than #b years after the date of enactment of this section2 and 7#b7 updated not less frequently than once every #d years4 7f7 ,commission review ,the ,commission shall-- 7#a7 review each regional and joint interregional transmission planning process submitted pursuant to the rule under subsection 7c72 and 7#b7 approve the regional or joint interregional transmission planning process if the ,commission finds that the process-- 7,a7 meets the requirements of subsection 7d72 7,b7 allocates costs in accordance with subsection 7g72 7,c7 ensures that all rates1 charges1 terms1 and conditions will be just and reasonable and not unduly discriminatory or preferential2 and 7,d7 is consistent with the public interest4 7g7 ,cost allocation 7#a7 ,transmission tariffs ,for the purposes of this section and except as provided in paragraph 7#b71 any transmitting utility that owns1 controls1 or operates electric transmission facilities constructed or modified as a result of this section shall file a tariff or tariff revision with the ,commission pursuant to section #bje and the regulations of the ,commission allocating the costs of the new or modified transmission facilities4 7#b7 ,exception ,in the case of an exempt transmitting utility that owns1 controls1 or operates electric transmission facilities described in paragraph 7#a71 the ,commission1 notwithstanding section #baa;,a7c71 shall require the exempt transmitting utility to provide transmission services over such facilities pursuant to section #baa;,a and the regulations of the ,commission allocating the costs of the new or modified transmission facilities4 7#c7 ,requirement ,the ,commission shall require that tariffs or tariff revisions filed under this section are just and reasonable and allocate the costs of providing service to customers that benefit1 in accordance with the cost-causation principle and at least roughly commensurate with the benefits1 including through the benefits described in subsection 7d77#b74 7#d7 ,ratepayer protection ,customers that receive no benefit1 or benefits that are trivial in relation to the costs sought to be allocated1 from electric transmission facilities constructed or modified under this section shall not be involuntarily allocated any of the costs of those transmission facilities4 7h7 ,compliance ,compliance with a ,commission order or rulemaking effective as of the date of enactment of this section1 including orders published in the ,federal ,register on ,april #bh1 #bjbe1 ,december #f1 #bjbd1 and ,june #aa1 #bjbd1 shall constitute compliance with the regional transmission planning and cost allocation requirements of this section4 7i7 ,construction permit ,for the purposes of obtaining a construction permit under section #baf7;b71 a project that is selected by #a or more transmission planning regions pursuant to a regional or joint interregional transmission plan in accordance with this section shall be considered to satisfy paragraphs 7#b7 through 7#e7 and1 if applicable1 7#f7 of that section4 7j7 ,failure ,to submit planning process ,in the event that neighboring transmission planning regions 7in the case of an interregional planning process7 or a single planning region 7in the case of a regional planning process7 fails to submit to the ,commission a regional or joint interregional transmission planning process1 as applicable1 under this section1 the ,commission shall1 as the ,commission determines to be appropriate1 grant a request to extend the time for submission of the planning process for not more than #f months after the deadline the ,commission requires for compliance with the rule under subsection 7c74 7k7 ,,nepa ,for purposes of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47-- 7#a7 any approval of a regional or joint interregional transmission planning process under subsection 7f7 shall not be considered a major ,federal action2 and 7#b7 any permit granted under section #baf7;b7 for a project that is selected by transmission planning regions pursuant to a joint interregional transmission plan shall be considered a major ,federal action4 4 #bajd4 ,improvements relating to local transmission planning and development ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 7as amended by section #bajc7 is amended by adding at the end the following3 #bbf4 ,oversight of local transmission planning and development 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,local transmission facility ,the term local transmission facility means an electric transmission facility-- 7,a7 that is located entirely within the service territory of a single public utility2 and 7,b7 the cost of which is recovered entirely from transmission customers within that service territory4 7#c7 ,referring ,state ,the term referring ,state means #a or more ,states making a referral under subsection 7b74 7#d7 ,regional transmission facility ,the term regional transmission facility means an electric transmission facility the cost of which is recovered from transmission customers located within more than #a service territory but within a single transmission planning region4 7#e7 ,transmission planning region ,the term transmission planning region means a region for which the ,commission determines that electric transmission planning is appropriate1 such as a region established in accordance with ,order ,no4 #ajjj of the ,commission1 entitled ,transmission ,planning and ,cost ,allocation by ,transmission ,owning and ,operating ,public ,utilities 7#gf ,fed4 ,reg4 #dihdb 7,august #aa1 #bjaa774 7b7 ,state referral authority 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,commission shall1 by rule1 establish procedures by which #a or more ,states may refer a public utility to the ,commission for an investigation into the processes used by the public utility for planning and developing local transmission facilities4 7#b7 ,requirements ,a referral under paragraph 7#a7 shall include1 at a minimum-- 7,a7 a description of the #a or more processes used by the public utility for local transmission planning and development about which the referring ,state is concerned2 7,b7 a description of the harm that those processes may be causing to wholesale or retail electric customers within the referring ,state2 and 7,c7 a description of the efforts that the referring ,state has taken to resolve its concerns about the identified local transmission planning and development processes prior to referral to the ,commission4 7c7 ,commission action ,to exercise oversight of local transmission planning and development 7#a7 ,in general ,on receipt of a referral under subsection 7b7 from a referring ,state1 the ,commission shall-- 7,a7 notice for initial public comment the initiation of an investigation2 and 7,b7 concurrently with that notice1 certify an investigative team to be composed of-- 7i7 #a or more individuals from the ,office of ,enforcement and ,regulatory ,accounting of the ,commission2 and 7ii7 up to #c representatives appointed by the referring ,state4 7#b7 ,authority of investigative team ,an investigative team certified under paragraph 7#a77;,b7 shall have all investigative authorities that would be available to the ,commission or ,commission staff in proceedings under or relating to the authority of the ,commission under section #bbb4 7#c7 ,preliminary findings report ,if an investigative team certified under paragraph 7#a77;,b7 concludes that the processes used by a public utility for planning and developing local transmission facilities are not resulting in the selection of the more efficient or cost-effective local transmission facilities or that those processes are interfering with the processes of the relevant transmission planning region for planning and developing regional transmission facilities1 the investigative team shall issue a preliminary findings report to the ,commission explaining that conclusion and recommending a remedy4 7#d7 ,commission response to report 7,a7 ,notice and comment ,on receipt of a preliminary findings report under paragraph 7#c71 the ,commission shall notice the report for comment4 7,b7 ,order ,after reviewing the record1 including any comments received under subparagraph 7,a71 the ,commission shall issue an order taking any such action as would be available to the ,commission in a proceeding under section #bbb that the ,commission determines to be appropriate1 which may include #a or more of the following remedies3 7i7 ,requiring changes to the processes used by the applicable public utility for planning local transmission facilities4 7ii7 ,reducing the return on equity of the public utility with respect to local transmission facilities4 7iii7 ,eliminating the presumption of prudence for local transmission facilities planned or developed by the public utility4 7iv7 ,a fine1 payable to the referring ,state1 of up to #e1jjj1jjj for each local transmission facility-- 7,i7 that was developed or energized during the period beginning #fj days before the referral under subsection 7b7 and ending on the date on which the order under this subparagraph is issued2 and 7,,ii7 the development or energizing of which the ,commissions determines-- 7aa7 was imprudent2 and 7bb7 caused financial harm to wholesale or retail electric customers within the referring ,state4 7v7 ,any other appropriate remedy4 7d7 ,savings provision ,nothing in this section limits or impairs any authority of the ,commission under any other provision of law4 4 #baje4 ,prohibition of right of first refusal ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 7as amended by section #bajd7 is amended by adding at the end the following3 #bbg4 ,prohibition of right of first refusal ,notwithstanding any rule or order of the ,federal ,energy ,regulatory ,commission in effect as of the date of enactment of this section1 a ,federal right of first refusal is prohibited with respect to a transmission facility selected in a regional or interregional transmission plan for the purposes of cost allocation4 4 #bajf4 ,consolidated planning process ,part ,,iii of the ,federal ,power ,act is amended by inserting after section #cag 7#af ,u4,s4,c4 #hbep7 the following3 #cah4 ,consolidated planning process 7a7 ,consolidated generation and transmission planning ,not later than #ah months after the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf1 the ,federal ,energy ,regulatory ,commission 7referred to in this section as the ,commission7 shall issue a rule requiring each transmission planning region 7as defined in section #bbe7;a77 to file a consolidated interconnection and regional transmission planning process that-- 7#a7 jointly evaluates electric transmission facilities and the generating capacity reasonably anticipated to be needed to meet future forecasted demand and forecasted generation over the next #bj years2 7#b7 routinely identifies and publishes resource and fuel-neutral planned interconnection locations for generating capacity and an upfront1 fixed1 zonal1 per-megawatt cost for each planned interconnection location2 and 7#c7 establishes a streamlined generator cluster study process with a single decision point1 meaningful and nonrefundable financial security1 and withdrawal penalties sufficient to deter speculative projects4 7b7 ,deadline2 updates ,the consolidated interconnection and regional transmission planning process required to be filed with the ,commission pursuant to the rule under subsection 7a7 shall be-- 7#a7 filed with the ,commission not later than #b years after the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf2 and 7#b7 updated not less frequently than once every #b years4 7c7 ,commission review ,the ,commission shall-- 7#a7 review each consolidated interconnection and regional transmission planning process filed pursuant to the rule under subsection 7a72 and 7#b7 approve the consolidated interconnection and regional transmission planning process if the ,commission finds that the process-- 7,a7 ensures that all rates1 charges1 terms1 and conditions will be just and reasonable and not unduly discriminatory or preferential2 and 7,b7 is consistent with the public interest4 4 #bajg4 ,ratepayer protection 7a7 ,,ferc pricing policy for transmission services provided by public utilities and transmitting utilities 7#a7 ,findings ,congress finds that-- 7,a7 it is not just and reasonable within the meaning of sections #bje and #bjf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;d1 #hbd;e7 for any public utility or transmitting utility to maintain rates1 terms1 or conditions of service that1 by their terms1 charge less than the embedded costs and incremental expansion costs to eligible customers seeking transmission service from computational load owners and computational load operators2 7,b7 transmission service costs should be fully assigned to computational load owners and computational load operators so as to minimize or avoid the cost burden on other customers2 and 7,c7 computational load owners and computational load operators should incur the full cost of the transmission service they require4 7#b7 ,definitions ,in this subsection3 7,a7 #aiid transmission pricing policy statement ,the term #aiid transmission pricing policy statement means the policy statement issued by the ,commission on ,october #bf1 #aiid1 and published in the ,federal ,register on ,november #c1 #aiid1 relating to ,inquiry ,concerning the ,commission's ,pricing ,policy for ,transmission ,services ,provided by ,public ,utilities ,under the ,federal ,power ,act2 ,policy ,statement 7#ei ,fed4 ,reg4 #eejca74 7,b7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7,c7 ,computational load operator ,the term computational load operator means the entity that operates a computational load site4 7,d7 ,computational load owner ,the term computational load owner means the entity that owns a computational load site4 7,e7 ,computational load site ,the term computational load site means #a or more buildings1 structures1 or installations at a single location that-- 7i7 primarily contain information technology infrastructure used for-- 7,i7 creating1 executing1 and delivering software applications and services2 7,,ii7 artificial intelligence training1 deployment1 and delivery2 7,,iii7 cryptocurrency mining2 or 7,,iv7 other computational activities at a data center2 and 7ii7 are supplied through electrical equipment that is connected to the bulk-power system 7as defined in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a7774 7,f7 ,public utility ,the term public utility has the meaning given the term in section #bja7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7;e774 7,g7 ,transmitting utility ,the term transmitting utility has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#c7 ,revision of policy statement 7,a7 ,in general ,not later than #bgj days after the date of enactment of this ,act1 the ,commission shall revise the #aiid transmission pricing policy statement-- 7i7 to require public utilities and transmitting utilities to charge eligible customers seeking transmission service on behalf of computational load owners and computational load operators the embedded cost and the incremental cost of transmission service2 and 7ii7 to ensure that any incremental costs paid are credited to the annual transmission revenue requirement of the applicable public utility or transmitting utility to prevent double recovery from other customers4 7,b7 ,requirement ,in revising the #aiid transmission pricing policy statement under subparagraph 7,a71 the ,commission shall provide for a lower cost of transmission service for eligible customers seeking transmission service on behalf of computational load owners and computational load operators that elect non-firm transmission service4 7#d7 ,rulemaking 7,a7 ,notice of proposed rulemaking ,not later than #bgj days after the date on which a revised transmission pricing policy statement is published in the ,federal ,register under paragraph 7#c71 the ,commission shall issue a notice of proposed rulemaking requiring public utilities and transmitting utilities-- 7i7 to establish or revise transmission rates for eligible customers seeking transmission service for computational load owners and computational load operators in accordance with that revised transmission pricing policy statement2 and 7ii7 to require standardized analysis to identify upgrades for a computational load site and cost reduction options1 as the ,commission may require by rule4 7,b7 ,final rule ,not later than #a year after the date on which the notice of proposed rulemaking described in subparagraph 7,a7 is issued1 the ,commission shall issue a final rule requiring public utilities and transmitting utilities to establish or revise transmission rates for eligible customers seeking transmission service for computational load owners and computational load operators4 7b7 ,ratepayer protection for data center and high-,density computing load ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 7as amended by section #baje7 is amended by adding at the end the following3 #bbh4 ,ratepayer protection for data center and high-density computing load 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,covered load ,the term covered load means electric load that-- 7,a7 is attributable to #a or more data centers or high-density computing facilities located at a single site1 or at multiple sites under common ownership or control2 and 7,b7 equals or exceeds #bj megawatts or1 in the case of data centers or high-density computing facilities developed in phases1 is reasonably expected to equal or exceed #bj megawatts at full buildout4 7#c7 ,data center or high-density computing facility 7,a7 ,in general ,the term data center or high-density computing facility means a facility1 or group of co-located facilities1 the primary purpose of which is to house computing1 networking1 or data storage equipment used to process1 store1 or transmit digital data1 including equipment used for-- 7i7 artificial intelligence training or inference2 7ii7 cloud computing or data hosting2 or 7iii7 cryptocurrency mining or other distributed-ledger or digital-asset computation4 7,b7 ,exclusion ,the term data center or other high-density computing facility does not include computing or data storage equipment that is ancillary to a facility the primary purpose of which is a commercial or industrial activity other than an activity described in subparagraph 7,a74 7#d7 ,embedded average cost ,the term embedded average cost means the average cost of service reflected in the rates otherwise in effect for the customer class that would apply to the applicable covered load4 7#e7 ,incremental cost ,the term incremental cost means the cost that would be avoided had a specific covered load not been served by the electric utility1 including all costs to construct1 own1 and operate power generation or storage resources and electric transmission and distribution services associated with serving the covered load1 based on costs estimated by the electric utility at or around the time that the covered load becomes operational and subject to approval by the ,commission or a ,state1 as appropriate4 7#f7 ,state ,the term ,state includes the applicable ,state commission and any other ,state authority having jurisdiction over retail electric service4 7#g7 ,transmission service category ,the term transmission service category means a class of transmission service provided under a tariff on file with the ,commission1 including-- 7,a7 network integration transmission service2 7,b7 point-to-point transmission service2 and 7,c7 any interim1 non-firm1 contract demand1 or other service that limits-- 7i7 the quantity of energy a load may withdraw from the transmission system2 or 7ii7 the conditions under which the load may withdraw energy from the transmission system4 7b7 ,ratepayer protection floor 7#a7 ,no subsidy of covered load ,no portion of the incremental cost may be allocated to1 or recovered in the rates of1 any customer other than a covered load1 subject to the limitations described in subsection 7e74 7#b7 ,surplus permitted ,paragraph 7#a7 does not limit the authority of the ,commission or a ,state under subsection 7c7 to recover from covered loads amounts in excess of incremental cost and to credit those amounts to other customers as a rebate or a reduction to the utility costs that are used as a basis for the calculation of customer rates4 7#c7 ,continuing recovery on exit ,a rate1 charge1 or agreement for service to a covered load shall be designed to recover from the covered load the full incremental cost of the electric utility1 and such recovery shall continue notwithstanding the termination by the covered load of a contract or other agreement pertaining to the sale of electric energy1 or the cessation by the covered load of the purchase of electric energy1 before that incremental cost has been fully recovered4 7#d7 ,financial assurance ,before constructing1 or making an upgrade to1 a generation1 transmission1 or distribution facility necessary to serve a covered load1 an electric utility shall require the covered load to provide financial assurances or contributions sufficient to cover the cost of the facility or upgrade1 subject to the condition that any financial assurances or contributions provided by the applicable covered load to a public utility or ,transmission ,organization for the same facility or upgrade shall be credited against the requirement of this paragraph4 7c7 ,state authority ,to hold open seasons and set covered-,load rates 7#a7 ,in general ,notwithstanding any other provision of this ,act or any rule or order of the ,commission1 and consistent with subsection 7b77#c71 a ,state may1 with respect to retail electric service to covered loads-- 7,a7 establish rates1 charges1 or contract terms that recover more than the embedded average cost1 and more than the incremental cost1 of serving a covered load2 7,b7 require that revenue collected from a covered load in excess of incremental cost be credited or applied to reduce the rates of other retail customers2 7,c7 in effectuating the policy described in this subsection1 use an open season or competitive solicitation to allocate among covered loads the opportunity to obtain and contract for retail electric service1 making awards in such manner as returns the greatest benefit to other ratepayers on a present value basis1 notwithstanding the order in which applications or requests for service are received from covered loads or any other basis for making such awards1 subject to the condition that each award under such an open season or competitive solicitation shall specify the maximum quantity of firm demand awarded1 in megawatts1 and the transmission service category on the basis of which the covered load is to be served2 7,d7 condition the provision of retail electric service to a covered load on the procurement1 construction1 or contracting by the covered load for new generation resources sufficient to serve the demand of the covered load2 and 7,e7 condition the provision of retail electric service to a covered load on the covered load taking1 or agreeing to take1 a transmission service category that limits-- 7i7 the quantity of energy the covered load may withdraw from the transmission system2 or 7ii7 the conditions under which the covered load may withdraw energy from the transmission system4 7#b7 ,priority of ,state competitive solicitations 7,a7 ,broad discretion ,for purposes of an open solicitation1 a ,state shall1 with respect to retail electric service to a covered load1 be afforded broad discretion to conduct1 to authorize an electric utility to conduct1 or to require an electric utility to conduct1 a competitive solicitation or open season to allocate the opportunity to interconnect1 or to obtain service for1 a covered load4 7,b7 ,electric utility filing ,an electric utility may file to conduct a solicitation or open season described in subparagraph 7,a74 7,c7 ,authority to require ,a ,state may require an electric utility to conduct an open season described in subparagraph 7,a74 7d7 ,protection of ,american industry ,a ,state may treat covered loads as a separate class of service1 and may establish rates1 charges1 terms1 conditions1 and interconnection or service priorities for covered loads that differ from1 and that are less favorable than1 those applicable to other large industrial1 manufacturing1 or commercial loads4 7e7 ,rules of construction 7#a7 ,state and ,federal authority ,except as expressly provided in subsection 7c71 nothing in this section expands or diminishes the jurisdiction of the ,commission or of any ,state1 including ,state authority over retail electric service1 rate design1 and resource planning4 7#b7 ,recognition of reserved ,state authority 7,a7 ,in general ,the authority described in subsection 7c77#a7 is an attribute of the reserved authority of the ,states over retail electric service4 7,b7 ,clarification ,this section-- 7i7 recognizes and confirms the authority described in subparagraph 7,a72 and 7ii7 is not the source of that authority4 7f7 ,applicability 7#a7 ,prospective application ,subsections 7b7 and 7c7 apply to a covered load that interconnects on or after the date of enactment of this section4 7#b7 ,existing arrangements ,an arrangement to serve a covered load that was approved by the ,commission or by a ,state before the date of enactment of this section shall remain in effect4 4 #bajh4 ,dispatchable energy systems market access 7a7 ,definitions ,section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif7 is amended by adding at the end the following3 7#cj7 ,qualifying behind-the-meter distributed energy system facility2 qualifying ,,btm ,,des facility ,the term qualifying behind-the-meter distributed energy system facility or qualifying ,,btm ,,des facility means a facility that-- 7,a7 is an energy storage system 7including a battery energy storage system71 a fuel cell system1 a generator1 or other resource-- 7i7 that can be brought online within #ae minutes of being called on for deployment2 and 7ii7 the output of which can be dispatched and adjusted at the signal of the system operator2 7,b7 is located behind the meter of a retail customer of a distribution utility 7as defined in section #bag7;a772 7,c7 has a rated capacity of not less than #e kilowatts2 and 7,d7 maintains metering and telemetry capabilities that-- 7i7 are sufficient to dispatch the facility1 account for withdrawals from and injections to the grid1 and communicate all relevant operational data from the facility2 and 7ii7 are not required to include equipment owned or installed by the distribution utility 7as so defined71 and may include the use of device-level equipment1 including inverters4 7#ca7 ,qualifying behind-the-meter distributed energy system aggregation2 qualifying ,,btm ,,des aggregation ,the term qualifying behind-the-meter distributed energy system aggregation or qualifying ,,btm ,,des aggregation means an aggregation of #b or more qualifying ,,btm ,,des facilities-- 7,a7 with a combined capacity of not less than #ajj kilowatts2 and 7,b7 that maintains aggregation-level metering and telemetry capabilities sufficient to facilitate the dispatch and market settlement of the aggregation4 4 7b7 ,rule of construction ,section #bja of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7 is amended by adding at the end the following3 7h7 ,qualifying ,,btm ,,des facilities and aggregations ,the designation of a facility as a qualifying ,,btm ,,des facility or an aggregation of #b or more facilities as a qualifying ,,btm ,,des aggregation does not1 of itself1 subject any of the following to the jurisdiction of the ,commission3 7#a7 ,the facility or aggregation4 7#b7 ,the retail electric service provided to or for the facility or aggregation4 7#c7 ,the distribution service on which the facility or aggregation relies4 4 7c7 ,wholesale market access for qualifying ,,btm ,,des aggregations ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 7as amended by section #bajg7;b77 is amended by adding at the end the following3 #bbi4 ,wholesale market access for qualifying ,,btm ,,des aggregations 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,double compensation ,the term double compensation means payment through or by both a wholesale market and a ,state-jurisdictional retail market or program for providing the same service during the same time interval4 7b7 ,just and reasonable practices ,effective on the date that is #ah months after the date of enactment of this section1 it shall not be just and reasonable within the meaning of sections #bje and #bjf for any ,transmission ,organization to maintain rates1 terms1 or conditions of service that1 by their terms and to the extent that such rates1 terms1 and conditions directly affect wholesale rates1 prevent the participation of any qualifying ,,btm ,,des aggregation in wholesale energy1 capacity1 or ancillary services markets administered by the ,transmission ,organization4 7c7 ,prohibited practices ,the following practices shall not be considered to be just and reasonable within the meaning of sections #bje and #bjf3 7#a7 ,imposing metering1 telemetry1 or equipment requirements that are inconsistent with the definitions of the terms qualifying ,,btm ,,des facility and qualifying ,,btm ,,des aggregation in section #c4 7#b7 ,requiring a qualifying ,,btm ,,des facility or qualifying ,,btm ,,des aggregation to participate in the energy market as a precondition to participating in the capacity market4 7#c7 ,requiring the joint participation with any resource co-located with a ,qualifying ,,btm ,,des facility as a condition for inclusion in a qualifying ,,btm ,,des aggregation4 7#d7 ,any other practice otherwise described in subsection 7b74 7d7 ,compliance filings 7#a7 ,transmission ,organization filings ,not later than #ahj days after the date of enactment of this section1 each ,transmission ,organization that administers a wholesale market subject to the jurisdiction of the ,commission shall file with the ,commission proposed rates1 terms1 and conditions of service that comply with the requirements of this section4 7#b7 ,commission action ,not later than #ahj days after the filing of a proposal under paragraph 7#a71 the ,commission shall-- 7,a7 approve the proposal if the ,commission determines that the proposal complies with this section2 or 7,b7 require or impose such changes as the ,commission determines to be just1 reasonable1 and in compliance with this section4 7e7 ,complaints 7#a7 ,in general ,the ,commission shall act on the merits of any complaint alleging noncompliance with this section not later than #ahj days after the date on which the complaint is filed4 7#b7 ,consolidation ,to maximize administrative efficiency1 the ,commission may consolidate and act upon related complaints with respect to a given ,transmission ,organization4 7f7 ,dual participation2 prohibition on double compensation 7#a7 ,preservation of ,state program eligibility ,participation by a qualifying ,,btm ,,des facility in a ,state-jurisdictional retail market or program shall not disqualify the qualifying ,,btm ,,des facility from participating in a wholesale market administered by a ,transmission ,organization1 and nothing in this section requires a qualifying ,,btm ,,des facility to participate in any wholesale market4 7#b7 ,prohibition on double compensation ,no qualifying ,,btm ,,des facility or qualifying ,,btm ,,des aggregation shall receive double compensation4 7#c7 ,qualifying ,,btm ,,des rate filing 7,a7 ,in general ,not later than #ahj days after the date of enactment of this section1 each ,transmission ,organization shall file with the ,commission under section #bje revisions to its tariff establishing settlement1 metering1 and telemetry protocols that exclude from wholesale market settlement the quantity of energy1 ancillary service1 or capacity1 evaluated on a service-by-service basis1 for which a qualifying ,,btm ,,des facility has received or will receive compensation under a ,state-jurisdictional retail market or program1 such that1 for example1 a ,,btm ,,des facility that has earned retail energy credit but not ancillary services or capacity credit may receive wholesale compensation for capacity and ancillary services without receiving any wholesale energy compensation4 7,b7 ,electric utilities ,each public utility that provides distribution service to a qualifying ,,btm ,,des facility shall provide to the applicable ,transmission ,organization and aggregator1 in a form and on a schedule established by the ,transmission ,organization1 the interval metering data and program-participation information necessary to implement subparagraph 7,a71 subject to such protections for customer-specific information as the applicable ,state commission may require4 7,c7 ,certification 7i7 ,in general ,each aggregator shall certify to the applicable ,transmission ,organization1 on a schedule established by the ,commission-- 7,i7 each ,state-jurisdictional retail market or program from which each qualifying ,,btm ,,des facility has received compensation2 and 7,,ii7 on the basis of final determinations made by the ,commission arising from the proceedings initiated under subparagraph 7,a71 that no qualifying ,,btm ,,des facility in its aggregation has retained double compensation during the certification period4 7ii7 ,treatment ,a certification under this subparagraph shall constitute a statement made to the ,commission for purposes of sections #caf and #caf;,a4 7#d7 ,complaint with respect to double compensation 7,a7 ,in general ,any person1 electric utility1 ,state1 municipality1 or ,state commission aggrieved by alleged double compensation may file a complaint pursuant to section #bjf4 7,b7 ,procedure ,in a proceeding initiated pursuant to a complaint under subparagraph 7,a71 if a qualifying ,,btm ,,des facility or qualifying ,,btm ,,des aggregation that is the subject of the complaint meets the eligibility requirements of both a wholesale market and a ,state-jurisdictional program1 the complainant in that proceeding shall-- 7i7 bear the burden of proof before the ,commission2 and 7ii7 demonstrate that-- 7,i7 double compensation has in fact occurred or is imminent2 and 7,,ii7 such double compensation could not be avoided through reasonable adjustments to-- 7aa7 wholesale market compensation received by the applicable qualifying ,,btm ,,des facility or qualifying ,,btm ,,des aggregation2 or 7bb7 the retail bill associated with the qualifying ,,btm ,,des facility or qualifying ,,btm ,,des aggregation1 using metering and telemetry data that meets the requirements of the wholesale market4 7,c7 ,limitation ,a complaint under subparagraph 7,a7 shall be filed not later than #e years after the date on which the alleged double compensation was received4 7#e7 ,wholesale market compensation adjustment ,if the ,commission determines that double compensation could be avoided through an adjustment to a rate1 term1 or condition of service under the jurisdiction of the ,commission pursuant to section #bje1 the ,commission may initiate a proceeding consistent with section #bjf to eliminate double compensation4 7#f7 ,disgorgement2 penalties 7,a7 ,disgorgement ,if the ,commission finds that double compensation has occurred1 the ,commission shall order disgorgement of the full amount of the double compensation received4 7,b7 ,penalties ,if the ,commission determines that double compensation has been knowingly retained1 the ,commission may order penalties1 which may include-- 7i7 monetary penalties of up to #c times the amount of the double compensation received for each day that the double compensation was knowingly retained after the date of receipt1 without regard to the limitations described in section #bjf7;b72 and 7ii7 suspension or termination of the participation of a qualifying ,,btm ,,des facility1 qualifying ,,btm ,,des aggregation1 or aggregator in a wholesale market administered by a ,transmission ,organization4 7g7 ,annual reporting ,each qualifying ,,btm ,,des facility and qualifying ,,btm ,,des aggregation participating in a wholesale market under this section shall submit to the ,commission1 not later than ,march #cj of each year1 a public report that summarizes and quantifies all services provided by the qualifying ,,btm ,,des facility or qualifying ,,btm ,,des aggregation during the preceding calendar year to-- 7#a7 wholesale markets subject to the jurisdiction of the ,commission2 and 7#b7 ,state-jurisdictional retail markets and programs within regions subject to the jurisdiction of the ,commission4 4 7d7 ,distribution utility interconnection and non-,interference ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 7as amended by subsection 7c77 is amended by adding at the end the following3 #bcj4 ,distribution utility obligations with respect to qualifying ,,btm ,,des facilities and qualifying ,,btm ,,des aggregations 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,distribution utility2 load-serving entity ,the terms distribution utility and load-serving entity have the meanings given those terms in section #bag7;a74 7b7 ,interconnection obligation 7#a7 ,in general ,except as otherwise provided by ,state law or by the ,state regulatory authority with jurisdiction over the distribution utility1 any distribution utility located within the geographic footprint of an organized wholesale market administered by a ,transmission ,organization shall interconnect any behind-the-meter resource that is eligible to participate in that wholesale market1 including any qualifying ,,btm ,,des facility or qualifying ,,btm ,,des aggregation1 in a timely fashion and with rates1 terms1 and conditions of service that-- 7,a7 allow the behind-the-meter resource to export energy to the grid1 if applicable2 and 7,b7 do not prevent1 impede1 or unreasonably condition the participation of the behind-the-meter resource in the wholesale market4 7#b7 ,savings provision ,nothing in this subsection authorizes the ,commission to prescribe the rates1 terms1 or conditions of distribution-level interconnection service4 7c7 ,acceptance of wholesale market metering data 7#a7 ,in general ,any distribution utility or load-serving entity providing retail electric service to a customer at whose premises a qualifying ,,btm ,,des facility or qualifying ,,btm ,,des aggregation is located shall accept the same metering and telemetry data used by the wholesale market for purposes of market participation by that qualifying ,,btm ,,des facility or qualifying ,,btm ,,des aggregation4 7#b7 ,requirement ,the manner in which the data described in paragraph 7#a7 is used to adjust the retail bill of a customer1 including any adjustment to account for energy exported or withdrawn1 shall be determined by the ,state regulatory authority having jurisdiction over retail rates4 7d7 ,prohibition on interference 7#a7 ,in general ,no distribution utility shall purposefully use its control over the distribution system or retail sales to prevent any behind-the-meter resource eligible to participate in a wholesale market subject to the jurisdiction of the ,commission from participating in such wholesale market4 7#b7 ,certain actions ,nothing in this subsection limits a distribution utility from taking actions reasonably necessary to maintain the safety1 reliability1 or operations of the distribution system4 7e7 ,commission enforcement 7#a7 ,in general ,the ,commission shall have authority to enforce the provisions of this section1 and any person may file with the ,commission a complaint alleging a violation of this section4 7#b7 ,requirement ,the ,commission shall act on the merits of any complaint filed under paragraph 7#a7 not later than #ahj days after the date on which the complaint is filed4 7f7 ,applicability to public power and certain cooperatives ,except to the extent that compliance is required under ,state law1 the requirements of subsections 7b71 7c71 and 7d7 shall be voluntary with respect to distribution utilities that are entities described in section #bja7;f74 4 7e7 ,establishment of program ,to facilitate voluntary streamlined process for local permitting of qualifying distributed energy systems 7#a7 ,definitions ,in this subsection3 7,a7 ,authority having jurisdiction ,the term authority having jurisdiction means any ,state1 county1 local1 or ,tribal office or official with jurisdiction-- 7i7 to issue permits relating to qualifying distributed energy systems2 7ii7 to conduct inspections to enforce the requirements of a relevant code or standard relating to qualifying distributed energy systems2 or 7iii7 to approve the installation of1 or the equipment and materials used in the installation of1 qualifying distributed energy systems4 7,b7 ,qualifying distributed energy system ,the term qualifying distributed energy system means any equipment or materials installed in1 on1 or near a building or premises to support onsite or local energy use1 including equipment or materials1 the primary function of which is-- 7i7 to generate electricity from distributed renewable energy sources1 including solar photovoltaic systems or similar solar energy technologies2 7ii7 to store and discharge electricity from batteries with a capacity of at least #b kilowatt hours2 7iii7 to charge a plug-in electric drive vehicle at a power rate of at least #b kilowatts2 or 7iv7 to refuel a hydrogen fuel cell electric vehicle4 7,c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#b7 ,program ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with trade associations and other entities representing distributed energy system installers1 organizations representing ,state1 local1 and ,tribal governments engaged in permitting1 and other interested stakeholders1 shall carry out a program to further develop1 expand1 and support the adoption of a voluntary streamlined permitting and inspection process for authorities having jurisdiction to use for the permitting of qualifying distributed energy systems4 7#c7 ,activities of the program ,in carrying out the program established under paragraph 7#b71 the ,secretary shall-- 7,a7 further develop and expand an exemplary streamlined permitting process that includes an online permitting platform-- 7i7 for expediting1 standardizing1 and streamlining permitting2 and 7ii7 that authorities having jurisdiction may voluntarily use to receive1 review1 and approve permit applications relating to qualifying distributed energy systems2 7,b7 establish targets for the adoption of a streamlined1 expedited permitting process by authorities having jurisdiction2 7,c7 provide technical assistance and training directly or indirectly to authorities having jurisdiction on using and adopting the exemplary streamlined permitting process described in subparagraph 7,a71 including the adoption of any necessary building codes2 7,d7 develop a voluntary inspection protocol and related tools to expedite1 standardize1 and streamline the inspection of qualifying distributed energy systems1 including-- 7i7 by investigating the potential for using remote inspections2 7ii7 by investigating the potential for sample-based inspection for distributed energy system installers with a demonstrated track record of high-quality work2 and 7iii7 by investigating opportunities to integrate the voluntary inspection protocol into the online permitting platform described in subparagraph 7,a7 and the platforms of government software providers2 and 7,e7 take any other action to expedite1 standardize1 streamline1 or improve the process for permitting1 inspecting1 or interconnecting qualifying distributed energy systems4 7#d7 ,support services ,the ,secretary shall-- 7,a7 support the provision of technical assistance to authorities having jurisdiction1 any administrator of the online permitting platform described in paragraph 7#c77;,a71 government software providers1 and any other entity determined appropriate by the ,secretary in carrying out the activities described in paragraph 7#c72 and 7,b7 provide such financial assistance as the ,secretary determines appropriate from any funds appropriated to carry out this subsection4 7#e7 ,authority having jurisdiction certification program 7,a7 ,in general ,the ,secretary may certify authorities having jurisdiction that implement the exemplary streamlined permitting process described in paragraph 7#c77;,a74 7,b7 ,process ,the ,secretary may confer a certification under subparagraph 7,a7 through existing programs within the ,department of ,energy4 7,c7 ,prizes ,the ,secretary may award prizes to authorities having jurisdiction1 using funds appropriated to the ,secretary to carry out this subsection1 to encourage authorities having jurisdiction to adopt the exemplary streamlined permitting process or the voluntary inspection protocol established under subparagraphs 7,a7 and 7,d7 of paragraph 7#c71 respectively4 7#f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #bj1jjj1jjj for each of fiscal years #bjbf through #bjca4 #baji4 ,advanced transmission technologies 7a7 ,in general ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 7as amended by section #bajh7;d77 is amended by adding at the end the following3 #bca4 ,use of advanced transmission technologies 7a7 ,definitions ,in this section3 7#a7 ,advanced transmission technology ,the term advanced transmission technology has the meaning given the term in section #abbc7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afdbb7;a774 7#b7 ,best-available transmission conductor ,the term best-available transmission conductor means a transmission conductor that1 as determined by the ,commission-- 7,a7 provides the greatest feasible and commercially available energy-carrying capacity at a given voltage level2 7,b7 provides the highest feasible and commercially available electrical efficiency at that voltage level2 and 7,c7 provides the greatest available level of mechanical performance1 including mitigating thermal sag at the maximum rated transmission-carrying capacity of the applicable transmission facility4 7#c7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#d7 ,covered project ,the term covered project means the construction of a new transmission facility1 or the modification1 upgrade1 replacement1 or reconductoring of an existing transmission facility1 subject to the jurisdiction of the ,commission under section #bja7;b74 7b7 ,use of advanced transmission technologies ,in exercising its authority under sections #bje and #bjf1 the ,commission shall require that public utilities use advanced transmission technologies1 including best-available transmission conductors1 when carrying out covered projects4 7c7 ,presumption of prudence for advanced transmission technologies ,in any filing seeking to recover the cost of an advanced transmission technology for a covered project1 and in any proceeding to determine whether that cost may be recovered through rates1 the ,commission shall presume that-- 7#a7 the use of an advanced transmission technology is a prudent practice2 and 7#b7 the costs associated with the use of an advanced transmission technology are just and reasonable4 7d7 ,applicability ,the requirements of this section apply only to public utilities and only with respect to covered projects4 7e7 ,rulemaking 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,commission shall issue an order or rule to implement this section4 7#b7 ,requirements ,in issuing an order or rule under paragraph 7#a71 the ,commission shall-- 7,a7 require that public utilities conduct1 on ,commission-established timelines1 recurring evaluations-- 7i7 to determine whether the benefits associated with deploying advanced transmission technologies through #a or more covered projects1 including benefits to the current transmission system of the applicable public utility1 outweigh the costs 7such that the applicable benefit-cost ratio is greater than #a72 7ii7 that include a least-cost analysis with respect to the transmission system of the applicable public utility2 and 7iii7 that evaluate whether the costs for which recovery is sought reflect due care to minimize the total cost of the applicable covered projects2 7,b7 require public utilities to conduct1 on ,commission-established timelines1 recurring evaluations to consider planning and construction timelines for new transmission assets and risks and impacts of potential delays2 7,c7 require that1 if the benefits of #a or more advanced transmission technologies outweigh the costs 7such that the applicable benefit-cost ratio is greater than #a71 the applicable public utility shall deploy the advanced transmission technologies on a timeline determined by the ,commission2 7,d7 require that decisions on whether to implement advanced transmission technologies based on the recurring evaluations under subparagraphs 7,a7 and 7,b7 are reported to the ,commission1 in a manner determined by the ,commission2 7,e7 in consultation with the ,secretary of ,energy1 establish a methodology for determining whether a transmission conductor is a best-available transmission conductor for purposes of this section2 7,f7 ensure that the methodology established under subparagraph 7,e7 is consistent with the criteria described in clauses 7i7 through 7iii7 of subparagraph 7,a72 7,g7 provide for periodic review and updating of the methodology established under subparagraph 7,e7 not less frequently than annually to reflect improvements in technology1 materials1 and system performance2 and 7,h7 determine a penalty for any public utility that fails to deploy the relevant advanced transmission technologies when the applicable benefit-cost ratio is greater than #a in a timeframe determined by the ,commission1 including a reduction of the effective return on equity for the transmission system of the public utility4 4 7b7 ,definition of advanced transmission technology ,section #abbc7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afdbb7;a77 is amended-- 7#a7 in paragraph 7#ah71 by striking and at the end2 7#b7 by redesignating paragraph 7#ai7 as paragraph 7#bc72 and 7#c7 by inserting after paragraph 7#ah7 the following3 7#ai7 dynamic line rating2 7#bj7 advanced power flow control2 7#ba7 transmission topology optimization2 7#bb7 high-performance conductors2 and 4 #baaj4 ,expediting generator interconnection queues 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,federal ,energy ,regulatory ,commission shall initiate a rulemaking to revise the pro forma ,large ,generator ,interconnection ,procedures promulgated pursuant to section #ce4bh7;f7 of title #ah1 ,code of ,federal ,regulations 7or a successor regulation71 to require public utility transmission providers to share and employ1 as appropriate1 queue management practices with respect to the use of computing technologies1 including artificial intelligence1 machine learning1 and automation1 in evaluating and processing interconnection requests1 in order to expedite study results with respect to those requests4 7b7 ,requirement ,the ,federal ,energy ,regulatory ,commission shall reopen the rulemaking under subsection 7a7 not less frequently than once every #d years to determine whether additional steps are required to ensure that public utility transmission providers are adequately deploying advanced computing technologies4 #baaa4 ,grid data access 7a7 ,in general ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 7as amended by section #baji7;a77 is amended by adding at the end the following3 #bcb4 ,grid data access 7a7 ,definitions ,in this section3 7#a7 ,bulk-power system ,the term bulk-power system has the meaning given the term in section #bae7;a74 7#b7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#c7 ,covered study ,the term covered study means a generation or load interconnection study1 facilities study1 feasibility study1 or affected-system study required under a tariff on file with the ,commission4 7#d7 ,grid data 7,a7 ,in general ,the term grid data means data1 in any format1 reasonably necessary for a covered study1 including models1 assumptions1 forecasts1 facility data1 operating data1 and other study inputs4 7,b7 ,inclusions ,the term grid data includes any data category identified by the ,commission1 in consultation with the ,secretary of ,energy1 the ,electric ,reliability ,organization 7as defined in section #bae7;a771 transmission providers1 ,national ,laboratories 7as defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja771 and entities with automated grid-study software experience1 for purposes of this section4 7#e7 ,transmission provider 7,a7 ,in general ,the term transmission provider means a public utility1 ,regional ,transmission ,organization1 ,independent ,system ,operator1 or other entity administering an open access transmission tariff4 7,b7 ,exclusion ,the term transmission provider does not include an exempt transmitting utility 7as defined in section #bbe7;a77 that does not voluntarily subject itself to ,commission jurisdiction for the purposes of this section4 7b7 ,grid data duties 7#a7 ,data sufficiency ,each transmission provider shall obtain1 assemble1 maintain1 and use the grid data regarding its transmission system that is necessary for the transmission provider to conduct covered studies4 7#b7 ,secure data use ,a transmission provider may designate a person or tool assisting the transmission provider in a covered study as its representative for the purpose of making any requests in accordance with paragraph 7#c71 subject to paragraph 7#f74 7#c7 ,data requests 7,a7 ,in general ,a transmission provider may request the grid data necessary to complete a covered study from any relevant user1 owner1 or operator of the bulk-power system that possesses or controls such data4 7,b7 ,requirement ,subject to subparagraph 7,c71 any person from whom grid data is requested under subparagraph 7,a7 shall provide requested grid data not later than #ae days after receiving the request4 7,c7 ,alternative timeline ,the ,commission may establish1 by data category1 alternative timelines for providing grid data in response to a request under subparagraph 7,a74 7#d7 ,data interoperability ,grid data maintained pursuant to paragraph 7#a7 and provided pursuant to paragraph 7#c7 shall be provided in a format that is usable or convertible by the requesting party with no impact on the scope or level of granularity in which the data is maintained or used1 including by direct data transfer1 application programming interface access1 or secure compute-over-data access4 7#e7 ,data currency ,each person providing grid data under paragraph 7#c7 shall-- 7,a7 provide accurate1 complete1 and current grid data2 and 7,b7 report1 on ,commission-established timelines1 any material changes needed to maintain the accuracy of the grid data or any related models or studies1 including covered studies4 7#f7 ,data safeguards 7,a7 ,in general ,grid data under this section shall be handled under applicable law and ,commission-approved confidentiality and data security requirements4 7,b7 ,manner of access ,the requirements described in subparagraph 7,a7 may govern the manner of access to grid data1 but may not be used to withhold grid data if access can be provided consistent with those requirements4 7#g7 ,cost recovery ,a public utility or transmission provider may file rates1 charges1 or tariffs pursuant to section #bje to recover the costs of complying with this section4 7c7 ,enforcement 7#a7 ,reliability and penalties ,failure to comply with the duties under subsection 7b7 shall be considered a matter affecting the reliable operation of the bulk-power system under section #bae1 and noncompliance by a public utility shall be subject to section #caf;,a4 7#b7 ,compliance orders ,the ,commission may1 by order1 require compliance with this section by any person required to provide or make available grid data under this section4 7#c7 ,expedited complaint ,not later than #fj days after a complaint alleging a violation of this section is filed1 the ,commission shall1 if the ,commission determines that a violation has occurred1 issue an order requiring compliance1 including interim relief needed to prevent unreasonable delay in a covered study4 7d7 ,implementation 7#a7 ,in general ,the ,commission may issue such rules or orders1 including pursuant to section #bjf1 as are necessary to carry out this section4 7#b7 ,requirement ,the ,commission shall issue at least #a rule or order described in paragraph 7#a7 not later than #a year after the date of enactment of this section4 4 7b7 ,automated study reference specification 7#a7 ,publication ,not later than #a year after the date of enactment of this ,act1 the ,federal ,energy ,regulatory ,commission and the ,secretary of ,energy1 in consultation with the ,electric ,reliability ,organization 7as defined in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a7771 transmission providers 7as defined in section #bcb7;a7 of that ,act71 ,national ,laboratories 7as defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja771 and entities with automated grid-study software experience1 shall publish a reference specification identifying the data categories1 formats or conversion standards1 update frequencies1 and validation standards needed to enable full automation of interconnection studies1 including system impact studies1 without supplemental data requests during the study4 7#b7 ,effect ,this section1 including the pendency of publication of the reference specification described in paragraph 7#a71 shall not delay1 limit1 or narrow the application of section #bcb of the ,federal ,power ,act4 7#c7 ,updates ,the ,federal ,energy ,regulatory ,commission may update the reference specification published under paragraph 7#a7 through a noticed proceeding not more frequently than once every #c years4 #baab4 ,power marketing administrations ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 7as amended by section #baaa7;a77 is amended by adding at the end the following3 #bcc4 ,compensation flexibility to address retention and hiring issues at the ,federal power marketing agencies 7a7 ,employee compensation program 7#a7 ,in general ,notwithstanding any other law1 rule1 regulation1 or directive relating to the payment of ,federal employees 7other than chapter #hc of title #e1 ,united ,states ,code71 the ,administrator of each ,federal power marketing agency 7referred to in this section as an ,administrator7 shall develop1 implement1 and1 as appropriate1 update1 based on the results of an annual review under paragraph 7#d71 a compensation plan that specifies and fixes the compensation 7including salary or any other pay1 bonuses1 benefits1 incentives1 and any other form of remuneration7 for employees of the ,federal power marketing agency1 including members of the ,senior ,executive ,service 7as defined in section #baja;a of title #e1 ,united ,states ,code74 7#b7 ,initial compensation plan 7,a7 ,in general ,not later than #a year after the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf1 each ,administrator shall1 in consultation with the ,director of the ,office of ,personnel ,management1 and subject to confirmation and approval by the ,secretary of ,energy1 which shall not be unreasonably withheld1 develop an initial compensation plan under paragraph 7#a74 7,b7 ,implementation ,not later than #a year after the date on which the initial compensation plan is developed under subparagraph 7,a71 each ,administrator shall implement the initial compensation plan4 7#c7 ,requirements ,a compensation plan developed under paragraph 7#a7 shall-- 7,a7 be based on an annual survey of the prevailing compensation for similar positions in the public sectors of the electric industry2 7,b7 be consistent with the approved annual general and administrative budget of the applicable ,federal power marketing agency and encourage the widest diversified use of electric power at the lowest possible rates to consumers consistent with sound business principles2 7,c7 provide that education1 experience1 level of responsibility1 geographic differences1 and retention and recruitment needs are to be taken into account in determining the compensation of employees of the applicable ,federal power marketing agency2 and 7,d7 provide that the individual total compensation of the applicable ,administrator and any employee of the applicable ,federal power marketing agency shall be comparable to and competitive with similar positions among consumer-owned utilities in-- 7i7 the ,western ,interconnection1 if the ,federal power marketing agency is located in the ,western ,interconnection2 or 7ii7 the ,eastern ,interconnection1 if the ,federal power marketing agency is located in the ,eastern ,interconnection4 7#d7 ,annual review 7,a7 ,in general ,annually1 each ,administrator shall review and update1 as appropriate1 the compensation plan developed under paragraph 7#a74 7,b7 ,compensation of ,administrators ,notwithstanding any other law1 rule1 regulation1 or directive relating to the payment of an ,administrator 7other than chapter #hc of title #e1 ,united ,states ,code71 the ,secretary of ,energy shall periodically review and update1 as appropriate1 the compensation of each ,administrator consistent with paragraph 7#c77;,d74 7,c7 ,publication of information ,each ,administrator shall include in the quarterly public business review of the ,administrator or any other appropriate public review of the operations and finances of the applicable ,federal power marketing agency information on the applicable annual compensation plan review under subparagraph 7,a71 including information on the amount of salaries of any employees whose annual salaries would exceed the annual rate payable for positions at ,level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 7#e7 ,annual publication ,annually1 each ,administrator shall publish the compensation plan developed under paragraph 7#a7 or updated under paragraph 7#d71 as applicable4 7b7 ,appointment2 employment 7#a7 ,in general ,an ,administrator may1 as the ,administrator determines to be necessary to carry out the functions of the ,administrator under applicable law1 subject to applicable civil service laws-- 7,a7 appoint any officers and employees2 7,b7 employ laborers1 mechanics1 and workers for construction work or the operation and maintenance of electrical facilities2 and 7,c7 fix the compensation of individuals appointed under subparagraph 7,a7 or 7,b71 respectively1 consistent with the applicable compensation plan developed under subsection 7a77#a74 7#b7 ,exemption from certain civil service laws ,in carrying out the authority provided by paragraph 7#a71 an ,administrator shall be exempt from chapters #cd1 #dc1 #ea1 #ec1 #eg1 and #ei of title #e1 ,united ,states ,code4 7#c7 ,application of merit system principles ,employees of a ,federal power marketing agency are subject to the application of the merit system principles set forth in section #bcja of title #e1 ,united ,states ,code1 to the extent that the principles apply to a wholly owned ,government corporation4 7#d7 ,employment of physicians ,an ,administrator may employ physicians1 without regard to the civil service laws 7including regulations71 to perform physical examinations of employees or prospective employees of the applicable ,federal power marketing agency who are or may become laborers1 mechanics1 and workers described in paragraph 7#a77;,b74 7#e7 ,employment of experts ,an ,administrator may appoint1 without regard to the civil service laws 7including regulations71 any experts that the ,administrator determines to be necessary to carry out the functions of the ,administrator under applicable law4 4 #baac4 ,,ferc fee assessments ,part ,,iii of the ,federal ,power ,act is amended by inserting after section #cah 7as added by section #bajf7 the following3 #cah;,a4 ,periodic review of fees and charges ,not less frequently than once every #e years1 the ,federal ,energy ,regulatory ,commission shall-- 7#a7 undertake a review to determine whether the fees and charges the ,federal ,energy ,regulatory ,commission assesses under this ,act and other laws1 including section #cdja of the ,omnibus ,budget ,reconciliation ,act of #aihf 7#db ,u4,s4,c4 #gagh71 are sufficient to allow the ,federal ,energy ,regulatory ,commission to handle its workload in an expedient manner2 and 7#b7 submit to the ,committee on ,energy and ,natural ,resources of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 the ,committee on ,appropriations of the ,senate1 and the ,committee on ,appropriations of the ,house of ,representatives a report describing that review and the results of that review4 4 #baad4 ,collection of data on computational load entities 7a7 ,definition of data center entity 7#a7 ,in general ,in this section1 the term data center entity means an end-user1 or group of co-located end-users1 the primary purpose of which is to house computing1 networking1 or data storage equipment used to process1 store1 or transmit digital data1 including equipment used for-- 7,a7 artificial intelligence training or inference2 7,b7 cloud computing or data hosting2 or 7,c7 cryptocurrency mining or other distributed-ledger or digital-asset computation4 7#b7 ,exclusion ,in this section1 the term data center entity does not include computing or data storage equipment that is ancillary to a facility the primary purpose of which is commercial or industrial activity other than an activity described in paragraph 7#a74 7b7 ,data collection ,not later than #ij days before the first ,april #a after the date of enactment of this ,act1 the ,administrator of the ,energy ,information ,administration shall revise ,form #hfa of the ,energy ,information ,administration to include load from data center entities4 #baae4 ,conforming amendments2 savings provision 7a7 ,conforming amendments ,section #bja of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 in the first sentence1 by striking and #bbb and inserting #bbb1 #bbe1 #bbf1 #bbf;,a1 #bbg1 #bbh1 #bbi1 #bcj1 #bca1 #bcb1 and #bcc2 and 7,b7 in the second sentence1 by striking or #bbb and inserting #bbb1 #bbe1 #bbf1 #bbf;,a1 #bbg1 #bbh1 #bbi1 #bcj1 #bca1 #bcb1 or #bcc2 and 7#b7 in subsection 7e7-- 7,a7 by striking #bjf7;f712 and 7,b7 by striking or #bbb and inserting #bbb1 #bbe1 #bbf1 #bbf;,a1 #bbg1 #bbh1 #bbi1 #bcj1 #bca1 #bcb1 or #bcc4 7b7 ,savings provision ,nothing in this title or an amendment made by this title grants authority to the ,federal ,energy ,regulatory ,commission under the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq47 over sales of electric energy at retail or the local distribution of electricity4 ,,ii ,energy ,permitting ,a ,accelerating claims #bbja4 ,accelerating claims 7a7 ,definitions ,in this section3 7#a7 ,authorization 7,a7 ,in general ,the term authorization means any lease1 right-of-way1 easement1 permit1 approval1 order1 finding1 determination1 or other administrative decision that is required or authorized under ,federal law 7including regulations7 to design1 plan1 site1 construct1 reconstruct1 or commence operations of a project1 including any determination by a ,federal department or agency that additional authorizations are not necessary4 7,b7 ,inclusions ,the term authorization includes-- 7i7 agency approvals of lease sales1 permits1 rights-of-way1 or plans required to explore for1 develop1 or produce energy or minerals under-- 7,i7 the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq472 7,,ii7 the ,act of ,august #g1 #aidg 7commonly known as the ,mineral ,leasing ,act for ,acquired ,lands7 7#cj ,u4,s4,c4 #cea et seq472 7,,iii7 the ,act of ,july #ca1 #aidg 7commonly known as the ,materials ,act of #aidg7 7#fa ,stat4 #fha1 chapter #djf2 #cj ,u4,s4,c4 #fja et seq472 7,,iv7 sections #bcai through #bcdd of the ,revised ,statutes 7commonly known as the ,mining ,law of #ahgb7 7#cj ,u4,s4,c4 #bb et seq472 7,v7 the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq472 7,,vi7 the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq472 7,,vii7 title ,v of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa et seq472 or 7,,viii7 title ,i of the ,naval ,petroleum ,reserves ,production ,act 7#db ,u4,s4,c4 #feja et seq472 7ii7 statements or permits for a project under sections #g and #aj of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf1 #aeci72 and 7iii7 agency approvals under the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feja et seq47 of hazardous fuel reduction and forest restoration projects4 7#b7 ,environmental document ,the term environmental document includes any of the following1 as prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq473 7,a7 ,an environmental assessment4 7,b7 ,a finding of no significant impact4 7,c7 ,an environmental impact statement4 7,d7 ,a record of decision4 7#c7 ,project ,the term project means a project-- 7,a7 proposed for-- 7i7 the construction or operation of infrastructure-- 7,i7 to develop1 produce1 generate1 store1 transport1 or distribute energy2 7,,ii7 to capture1 remove1 transport1 or store carbon dioxide2 or 7,,iii7 to mine1 extract1 beneficiate1 or process minerals2 or 7ii7 hazardous fuel reduction and forest restoration for the protection of infrastructure or communities from wildfire2 and 7,b7 subject to the requirements that-- 7i7 an environmental document be prepared2 and 7ii7 the applicable agency issue an authorization of the activity4 7#d7 ,project sponsor ,the term project sponsor means an entity1 including any private1 public1 or public-private entity1 seeking an authorization for a project4 7b7 ,statute of limitations ,notwithstanding any other provision of law1 a civil action arising under ,federal law seeking judicial review of a final agency action granting or denying an authorization shall be barred unless the civil action is filed by the date that is #aej days after the date on which the grant or denial of the authorization is required to be made public under subsection 7c71 unless a shorter time is specified in the ,federal law pursuant to which judicial review is allowed4 7c7 ,date ,for the purpose of subsection 7b71 a final agency action granting or denying an authorization shall be made public not later than #c days after that final agency action is taken4 7d7 ,expedited review ,a reviewing court shall set for expedited consideration any civil action arising under ,federal law seeking judicial review of a final agency action granting or denying an authorization4 7e7 ,remanded actions 7#a7 ,in general ,if the reviewing court remands a final ,federal agency action granting or denying an authorization to the ,federal agency for further proceedings1 whether on a motion by the court1 the agency1 or another party1 the court shall set a reasonable schedule and deadline for the agency to act on remand1 which shall not exceed #ahj days from the date on which the order of the court was issued1 unless a longer time period is necessary to comply with applicable law4 7#b7 ,expedited treatment of remanded actions ,the head of the ,federal agency to which a court remands a final ,federal agency action under paragraph 7#a7 shall take such actions as may be necessary to provide for the expeditious disposition of the action on remand in accordance with the schedule and deadline set by the court under that paragraph4 7f7 ,treatment of supplemental or revised environmental documents ,for the purpose of subsection 7b71 granting or denying an authorization following the preparation of a supplemental or revised environmental document1 when required1 shall be considered to be a separate final agency action4 7g7 ,notice ,not later than #cj days after the date on which an agency is served a copy of a petition for review or a complaint in a civil action described in subsection 7b71 the head of the agency shall notify the project sponsor of the filing of the petition or complaint4 7h7 ,permitting council ,nothing in this title precludes a project from being designated as a covered project 7as defined in section #dajja of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm77 for the purposes of title ,,xli of that ,act 7#db ,u4,s4,c4 #dcgjm et seq474 ,b ,federal onshore energy leasing and permitting #bbaa4 ,permitting compliance on non-,federal land 7a7 ,in general ,notwithstanding the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq471 the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agja et seq471 or subpart #cafb of part #cafj of title #dc1 ,code of ,federal ,regulations 7or successor regulations71 but subject to any applicable ,state or ,tribal requirements and subsection 7c71 the ,secretary of the ,interior shall not require a permit to drill for an oil and gas lease under the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 for an action occurring within an oil and gas drilling or spacing unit if-- 7#a7 the well is located on non-,federal land and the ,federal ,government owns less than #ej percent of the oil and gas minerals within the oil and gas drilling or spacing unit2 7#b7 the well is located on non-,federal land overlying a non-,federal mineral estate1 but some portion of the wellbore enters and produces from the ,federal mineral estate subject to the lease2 or 7#c7 the well is located on non-,federal land overlying a non-,federal mineral estate1 but some portion of the wellbore traverses but does not produce from the ,federal mineral estate subject to the lease4 7b7 ,notification ,for each ,state permit to drill or drilling plan that would impact or extract oil and gas owned by the ,federal ,government-- 7#a7 each lessee of ,federal minerals in the unit1 or designee of a lessee1 shall-- 7,a7 notify the ,secretary of the ,interior of the submission of a ,state application for a permit to drill or drilling plan on submission of the application2 and 7,b7 provide a copy of the application described in subparagraph 7,a7 to the ,secretary of the ,interior not later than #e days after the date on which the permit or plan is submitted2 and 7#b7 each lessee1 designee of a lessee1 or applicable ,state shall notify the ,secretary of the ,interior of the approved ,state permit to drill or drilling plan not later than #de days after the date on which the permit or plan is approved4 7c7 ,nonapplicability to ,indian lands ,subsection 7a7 shall not apply to-- 7#a7 any land located within the boundaries of an ,indian reservation1 pueblo1 or rancheria2 or 7#b7 any land not located within the boundaries of an ,indian reservation1 pueblo1 or rancheria1 the title to which is held-- 7,a7 in trust by the ,united ,states for the benefit of an ,indian ,tribe or an individual ,indian2 7,b7 by an ,indian ,tribe or an individual ,indian1 subject to restriction against alienation under laws of the ,united ,states2 or 7,c7 by a dependent ,indian community4 7d7 ,effect ,nothing in this section affects-- 7#a7 other authorities of the ,secretary of the ,interior under the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agja et seq472 or 7#b7 the amount of royalties due to the ,federal ,government from the production of the ,federal minerals within the oil and gas drilling or spacing unit4 7e7 ,authority on non-,federal land ,section #ag7;g7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;g77 is amended-- 7#a7 by striking the subsection designation and all that follows through ,secretary of the ,interior1 or in the first sentence and inserting the following3 7g7 7#a7 ,the ,secretary of the ,interior1 or 2 and 7#b7 by adding at the end the following3 7#b7 7,a7 ,in the case of an oil and gas lease under this ,act on land described in subparagraph 7,b7 located within an oil and gas drilling or spacing unit1 nothing in this ,act authorizes the ,secretary of the ,interior-- 7i7 to require a bond to protect non-,federal land2 7ii7 to enter non-,federal land without the consent of the applicable landowner2 7iii7 to impose mitigation requirements2 or 7iv7 to require approval for surface reclamation4 7,b7 ,land referred to in subparagraph 7,a7 is land where-- 7i7 the well is located on non-,federal land and the ,federal ,government owns less than #ej percent of the minerals within the oil and gas drilling or spacing unit2 7ii7 the well is located on non-,federal land overlying a non-,federal mineral estate1 but some portion of the wellbore enters and produces from the ,federal mineral estate subject to the lease2 or 7iii7 the well is located on non-,federal land overlying a non-,federal mineral estate1 but some portion of the wellbore traverses but does not produce from the ,federal mineral estate subject to the lease4 4 #bbab4 ,rights-of-way across ,indian land ,the ,act of ,february #e1 #aidh 7#fb ,stat4 #ag1 chapter #de71 is amended-- 7#a7 in the first section 7#fb ,stat4 #ag1 chapter #de2 #be ,u4,s4,c4 #cbc71 by striking ,that the ,secretary of the ,interior be1 and he is hereby1 empowered to and inserting the following3 #a4 ,rights-of-way for all purposes across ,indian ,land ,the ,secretary of the ,interior may 2 7#b7 in section #b 7#fb ,stat4 #ah1 chapter #de2 #be ,u4,s4,c4 #cbd71 by striking organized under the ,act of ,june #ah1 #aicd 7#dh ,stat4 #ihd71 as amended2 the ,act of ,may #a1 #aicf 7#di ,stat4 #abej72 or the ,act of ,june #bf1 #aicf 7#di ,stat4 #aifg712 and 7#c7 by adding at the end the following3 #h4 ,tribal grants of rights-of-way 7a7 ,rights-of-,way 7#a7 ,in general ,subject to paragraph 7#b71 an ,indian tribe may grant a right-of-way over and across the ,tribal land of the ,indian tribe for any purpose4 7#b7 ,authority ,a right-of-way granted under paragraph 7#a7 shall not require the approval of the ,secretary of the ,interior or a grant by the ,secretary of the ,interior under section #a if the right-of-way granted under that paragraph is executed in accordance with a ,tribal regulation approved by the ,secretary of the ,interior under subsection 7b74 7b7 ,review of ,tribal regulations 7#a7 ,tribal regulation submission and approval 7,a7 ,submission ,an ,indian tribe seeking to grant a right-of-way under subsection 7a7 shall submit for approval a ,tribal regulation governing the granting of rights-of-way over and across the ,tribal land of the ,indian tribe4 7,b7 ,approval ,subject to paragraph 7#b71 the ,secretary of the ,interior shall have the authority to approve or disapprove any ,tribal regulation submitted under subparagraph 7,a74 7#b7 ,considerations for approval 7,a7 ,in general ,the ,secretary of the ,interior shall approve a ,tribal regulation submitted under paragraph 7#a77;,a71 if the ,tribal regulation-- 7i7 is consistent with any regulations 7or successor regulations7 issued by the ,secretary of the ,interior under section #f2 and 7ii7 provides for an environmental review process that includes-- 7,i7 the identification and evaluation of any significant impacts the proposed action may have on the environment2 and 7,,ii7 a process for ensuring-- 7aa7 that the public is informed of1 and has a reasonable opportunity to comment on1 any significant environmental impacts of the proposed action identified by the ,indian tribe under subclause 7,i72 and 7bb7 the ,indian tribe provides a response to each relevant and substantive public comment on the significant environmental impacts identified by the ,indian tribe under subclause 7,i7 before the ,indian tribe approves the right-of-way4 7,b7 ,applicable laws ,the ,secretary of the ,interior1 in making a decision to approve a ,tribal regulation under this subsection1 shall not be subject to-- 7i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7ii7 section #cjfajh of title #ed1 ,united ,states ,code2 or 7iii7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#c7 ,review process 7,a7 ,in general ,not later than #ahj days after the date on which the ,indian tribe submits a ,tribal regulation to the ,secretary of the ,interior under paragraph 7#a77;,a71 the ,secretary of the ,interior shall-- 7i7 review the ,tribal regulation2 7ii7 approve or disapprove the ,tribal regulation2 and 7iii7 notify the ,indian tribe that submitted the ,tribal regulation of the approval or disapproval4 7,b7 ,written documentation ,if the ,secretary of the ,interior disapproves a ,tribal regulation submitted under paragraph 7#a77;,a71 the ,secretary of the ,interior shall include with the disapproval notification under subparagraph 7,a77iii7 written documentation describing the basis for the disapproval4 7,c7 ,extension ,the ,secretary of the ,interior may1 after consultation with the ,indian tribe that submitted a ,tribal regulation under paragraph 7#a77;,a71 extend the #ahj-;day period described in subparagraph 7,a74 7#d7 ,federal environmental review ,notwithstanding paragraphs 7#b7 and 7#c71 if an ,indian tribe carries out a project or activity funded by a ,federal agency1 the ,indian tribe may rely on the environmental review process of the applicable ,federal agency rather than any ,tribal environmental review process required under this subsection4 7c7 ,documentation ,an ,indian tribe granting a right-of-way under subsection 7a7 shall provide to the ,secretary of the ,interior-- 7#a7 a copy of the right-of-way1 including any amendments or renewals2 and 7#b7 if the right-of-way allows for compensation to be made directly to the ,indian tribe1 documentation of payments that are sufficient1 as determined by the ,secretary of the ,interior1 as to enable the ,secretary of the ,interior to discharge the trust responsibility of the ,united ,states under subsection 7d74 7d7 ,trust responsibility 7#a7 ,in general ,the ,united ,states shall not be liable for losses sustained by any party to a right-of-way granted under subsection 7a74 7#b7 ,authority of the ,secretary 7,a7 ,in general ,pursuant to the authority of the ,secretary of the ,interior to fulfill the trust obligation of the ,united ,states to the applicable ,indian tribe under ,federal law 7including regulations71 the ,secretary of the ,interior may1 on reasonable notice from the applicable ,indian tribe and at the discretion of the ,secretary of the ,interior1 enforce the provisions of1 or cancel1 any right-of-way granted by the ,indian tribe under subsection 7a74 7,b7 ,authority ,the enforcement or cancellation of a right-of-way under subparagraph 7,a7 shall be conducted using regulatory procedures issued under section #f4 7e7 ,compliance 7#a7 ,in general ,an interested party1 after exhaustion of any applicable ,tribal remedies1 may submit a petition to the ,secretary of the ,interior1 at such time and in such form as determined by the ,secretary of the ,interior1 to review the compliance of an applicable ,indian tribe with a ,tribal regulation approved by the ,secretary of the ,interior under subsection 7b74 7#b7 ,violations ,if the ,secretary of the ,interior determines that a ,tribal regulation was violated after conducting a review under paragraph 7#a71 the ,secretary of the ,interior may take any action the ,secretary of the ,interior determines to be necessary to remedy the violation1 including rescinding the approval of the ,tribal regulation and reassuming responsibility for approving rights-of-way through the trust land of the applicable ,indian tribe4 7#c7 ,documentation ,if the ,secretary of the ,interior determines that a ,tribal regulation was violated after conducting a review under paragraph 7#a71 the ,secretary of the ,interior shall-- 7,a7 provide written documentation1 with respect to the ,tribal regulation that has been violated1 to the appropriate interested party and ,indian tribe2 7,b7 provide the applicable ,indian tribe with a written notice of the alleged violation2 and 7,c7 prior to the exercise of any remedy1 including rescinding the approval for the applicable ,tribal regulation or reassuming responsibility for approving rights-of-way through the trust land of the applicable ,indian tribe1 provide the applicable ,indian tribe with-- 7i7 a hearing that is on the record2 and 7ii7 a reasonable opportunity to cure the alleged violation4 7f7 ,savings clause ,nothing in this section affects the application of any ,tribal regulations issued under ,federal environmental law4 7g7 ,effect of ,tribal regulations ,an approved ,tribal regulation under subsection 7b7 shall not preclude an ,indian tribe from1 in the discretion of the ,indian tribe1 consenting to the grant of a right-of-way by the ,secretary of the ,interior under section #a4 7h7 ,terms of right-of-,way ,the compensation for1 and terms of1 a right-of-way granted under subsection 7a7 will be determined by-- 7#a7 negotiations by the ,indian tribe2 or 7#b7 the regulations of the ,indian tribe4 7i7 ,jurisdiction ,the grant of a right-of-way under subsection 7a7 does not waive the sovereign immunity of the ,indian tribe or diminish the jurisdiction of that ,indian tribe over the ,tribal land subject to the right-of-way1 unless otherwise provided in-- 7#a7 the grant of the right-of-way2 or 7#b7 the regulations of the ,indian tribe4 4 #bbac4 ,accelerating renewable energy permitting 7a7 ,definitions ,in this section3 7#a7 ,eligible project ,the term eligible project has the meaning given the term in section #caja of the ,energy ,act of #bjbj 7#dc ,u4,s4,c4 #cjja7 7as amended by subsection 7d774 7#b7 ,previously disturbed or developed ,the term previously disturbed or developed has the meaning given the term in section #ajba4daj7;g77#a7 of title #aj1 ,code of ,federal ,regulations 7as in effect on ,july #b1 #bjbe74 7b7 ,deadline for consideration of applications for rights-of-,way 7#a7 ,completeness of review 7,a7 ,in general ,not later than #cj days after the date on which the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 receives an application for a right-of-way under section #eja of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa7 for an eligible project1 the applicable ,secretary shall-- 7i7 notify the applicant that the application is complete2 or 7ii7 notify the applicant that information is missing from the application and specify any information that is required to be submitted for the application to be complete4 7,b7 ,environmental impact statement ,for an eligible project that requires an environmental impact statement for an application submitted under subparagraph 7,a71 the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 shall issue a notice of intent not later than #ij days after the date on which the applicable ,secretary determines that an application is complete under subparagraph 7,a74 7#b7 ,cost recovery and issuance or deferral 7,a7 ,in general ,not later than #cj days after the date on which an applicant submits a complete application for a right-of-way under paragraph 7#a71 the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 shall1 if a cost recovery agreement is required under section #bhjd4ad of title #dc1 ,code of ,federal ,regulations 7or successor regulations71 or section #bea4eh of title #cf1 ,code of ,federal ,regulations 7or successor regulations71 issue a cost recovery agreement4 7,b7 ,decision ,not later than #cj days after the date on which an applicant submits a complete application for a right-of-way under paragraph 7#a71 the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 shall-- 7i7 grant or deny the application1 if the requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and any other applicable law have been completed2 or 7ii7 defer the decision on the application and provide to the applicant notice-- 7,i7 that specifies steps that the applicant can take for the decision on the application to be issued2 and 7,,ii7 of a list of actions that need to be taken by the agency in order to comply with applicable law1 and timelines and deadlines for completing those actions4 7c7 ,low disturbance activities for renewable energy projects 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 to facilitate timely permitting of eligible projects1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall each 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 necessary for renewable energy projects4 7#b7 ,activities described ,low disturbance activities referred to in paragraph 7#a7 are the following3 7,a7 ,individual surface disturbances of less than #e acres that have undergone site-specific analysis in a document prepared pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 that has been previously completed4 7,b7 ,activities at a location at which the same type of activity has previously occurred within #e years prior to the date of commencement of the activity4 7,c7 ,activities on previously disturbed or developed land for which an approved land use plan or any environmental document prepared pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 analyzed such activity as reasonably foreseeable1 so long as such plan or document was approved within #e years prior to the date of the activity4 7,d7 ,the installation1 modification1 operation1 or removal of commercially available solar photovoltaic systems located on-- 7i7 a building or other structure 7such as a rooftop1 parking lot1 or facility1 or mounted to signage1 lighting1 gates1 or fences72 or 7ii7 previously disturbed or developed land comprising less than #aj acres4 7,e7 ,maintenance of a minor activity1 other than any construction or major renovation1 or a building or facility4 7,f7 ,preliminary geotechnical investigations4 7,g7 ,the construction and removal of meteorological evaluation towers4 7d7 ,definition of eligible project ,paragraph 7#d7 of section #caja of the ,energy ,act of #bjbj 7#dc ,u4,s4,c4 #cjja7 is amended by inserting or store after generate4 7e7 ,renewable energy project review standards ,section #cajb of the ,energy ,act of #bjbj 7#dc ,u4,s4,c4 #cjjb7 is amended-- 7#a7 by redesignating subsection 7f7 as subsection 7g72 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,renewable energy project review standards ,not later than #b years after the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf1 for the purpose of encouraging standardized reviews and facilitating the permitting of eligible projects1 the ,national ,renewable ,energy ,coordination ,office of the ,bureau of ,land ,management shall promulgate renewable energy project review standards to be adopted by regional renewable energy coordination offices4 4 #bbad4 ,electric grid projects 7a7 ,definition of previously disturbed or developed ,in this section1 the term previously disturbed or developed has the meaning given the term in section #ajba4daj7;g77#a7 of title #aj1 ,code of ,federal ,regulations 7or successor regulations74 7b7 ,rulemaking ,not later than #ahj days after the date of enactment of this ,act1 to facilitate timely permitting1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall each 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 the following activities3 7#a7 ,placement of an electric transmission or distribution facility in an approved right-of-way corridor1 including a corridor designated under section #cfh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeibf74 7#b7 ,any repair1 maintenance1 replacement1 upgrade1 modification1 optimization1 or minor relocation of1 or addition to1 an existing electric transmission or distribution facility or associated infrastructure1 including electrical substations1 within an existing right-of-way or on otherwise previously disturbed or developed land1 including reconductoring and installation of grid-enhancing technologies4 7#c7 ,construction1 operation1 upgrade1 or decommissioning of a battery or other energy storage technology on previously disturbed or developed land4 #bbae4 ,hardrock mining mill sites 7a7 ,multiple mill sites ,section #bccg of the ,revised ,statutes 7#cj ,u4,s4,c4 #db7 is amended by adding at the end the following3 7c7 ,additional mill sites 7#a7 ,definitions ,in this subsection3 7,a7 ,mill site ,the term mill site means a location of public land that is reasonably necessary for waste rock or tailings disposal or other operations reasonably incident to mineral development on1 or production from land included in a plan of operations4 7,b7 ,operations2 ,operator ,the terms operations and operator have the meanings given those terms in section #chji4e of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection74 7,c7 ,plan of operations ,the term plan of operations means a plan of operations that an operator must submit and the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 must approve before an operator may begin operations1 in accordance with1 as applicable-- 7i7 subpart #chji of part #chjj of title #dc1 ,code of ,federal ,regulations 7or successor regulations establishing application and approval requirements72 and 7ii7 part #bbh of title #cf1 ,code of ,federal ,regulations 7or successor regulations establishing application and approval requirements74 7,d7 ,public land ,the term public land means land owned by the ,united ,states that is open to location under sections #bcai through #bcdd of the ,revised ,statutes 7#cj ,u4,s4,c4 #bb et seq471 including-- 7i7 land that is mineral-in-character 7as defined in section #chcj4e of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection772 7ii7 nonmineral land 7as defined in section #chcj4e of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection772 and 7iii7 land where the mineral character has not been determined4 7#b7 ,authorization ,notwithstanding subsections 7a7 and 7b71 where public land is needed by the proprietor of a lode or placer claim for operations in connection with any lode or placer claim within the proposed plan of operations1 the proprietor may-- 7,a7 locate and include within the plan of operations as many mill site claims under this subsection as are reasonably necessary for its operations2 and 7,b7 use or occupy public land in accordance with an approved plan of operations4 7#c7 ,mill sites convey no mineral rights ,a mill site under this subsection does not convey mineral rights to the locator4 7#d7 ,size of mill sites ,a location of a single mill site under this subsection shall not exceed #e acres4 7#e7 ,mill site and lode or placer claims on same tracts of public land ,a mill site may be located under this subsection on a tract of public land on which the claimant or operator maintains a previously located lode or placer claim4 7#f7 ,effect on mining claims ,the location of a mill site under this subsection shall not affect the validity of any lode or placer claim1 or any rights associated with such a claim4 7#g7 ,patenting ,a mill site under this section shall not be eligible for patenting4 7#h7 ,savings provisions ,nothing in this subsection-- 7,a7 diminishes any right 7including a right of entry1 use1 or occupancy7 of a claimant2 7,b7 creates or increases any right 7including a right of exploration1 entry1 use1 or occupancy7 of a claimant on land that is not open to location under the general mining laws2 7,c7 modifies any provision of law or any prior administrative action withdrawing land from location or entry2 7,d7 limits the right of the ,federal ,government to regulate mining and mining-related activities 7including requiring claim validity examinations to establish the discovery of a valuable mineral deposit7 in areas withdrawn from mining1 including under-- 7i7 the general mining laws2 7ii7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7iii7 the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq472 7iv7 sections #ajjgca through #ajjgcg of title #ed1 ,united ,states ,code2 7v7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7vi7 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7commonly referred to as the #8,national ,historic ,preservation ,act'72 or 7vii7 section #d of the ,act of ,july #bc1 #aiee 7commonly known as the ,surface ,resources ,act of #aiee7 7#fi ,stat4 #cfh1 chapter #cge2 #cj ,u4,s4,c4 #fab72 7,e7 restores any right 7including a right of entry1 use1 or occupancy1 or right to conduct operations7 of a claimant that-- 7i7 existed prior to the date on which the land was closed to1 or withdrawn from1 location under the general mining laws2 and 7ii7 that has been extinguished by such closure or withdrawal2 or 7,f7 modifies section #djd of division ,e of the ,consolidated ,appropriations ,act1 #bjbd 7,public ,law #aah-db74 4 7b7 ,claim maintenance fee for additional mill sites ,section #ajaja7;a77#a7 of the ,omnibus ,budget ,reconciliation ,act of #aiic 7#cj ,u4,s4,c4 #bh;f7a77#a77 is amended1 in the first sentence1 by inserting 1 except the holders of each mill site located under subsection 7c7 of section #bccg of the ,revised ,statutes 7#cj ,u4,s4,c4 #db7 shall pay to the ,secretary of the ,interior1 on or before ,september #a of each year1 to the extent provided in advance in appropriations ,acts1 a claim maintenance fee of #djj per site after respectively4 7c7 ,application of ,mineral ,leasing ,act for ,acquired ,lands to hardrock minerals 7#a7 ,hardrock minerals ,section #b of the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea7 is amended-- 7,a7 in the sixth sentence1 by striking ,the term and all that follows through embrace and inserting the following3 7#e7 ,oil ,the term oil means 2 7,b7 in the fifth sentence1 by striking ,lease and inserting the following3 7#c7 ,lease ,the term lease 2 7,c7 by striking the fourth sentence and inserting the following3 7#d7 ,mineral leasing laws ,the term mineral leasing laws means-- 7,a7 the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq472 7,b7 the ,act of ,april #ag1 #aibf 7#dd ,stat4 #cja1 chapter #aeh2 #cj ,u4,s4,c4 #bga et seq472 7,c7 the ,act of ,february #g1 #aibg 7#dd ,stat4 #ajeg1 chapter #ff2 #cj ,u4,s4,c4 #bha et seq472 and 7,d7 all ,acts amendatory or supplementary to any of the ,acts described in subparagraphs 7,a7 through 7,c74 2 7,d7 in the third sentence1 by striking ,secretary and inserting the following3 7#f7 ,secretary ,the term ,secretary 2 7,e7 in the second sentence-- 7i7 by striking 7#cf ,stat4 and all that follows through the period at the end and inserting 7commonly known as the ,weeks ,law7 7#cf ,stat4 #ifa1 chapter #ahf2 #af ,u4,s4,c4 #eeb et seq4742 and 7ii7 by striking ,acquired lands or lands acquired by the ,united ,states include and inserting the following3 7#a7 ,acquired lands2 lands acquired by the ,united ,states ,the terms acquired lands and lands acquired by the ,united ,states mean 2 7,f7 in the first sentence1 by striking ,as used in this ,act ,united ,states and inserting the following3 8,in this ,act3 7#g7 ,united ,states ,the term ,united ,states 2 7,g7 by moving the paragraphs so as to appear in numerical order2 and 7,h7 by inserting after paragraph 7#a7 7as so designated7 the following3 7#b7 ,hardrock mineral 7,a7 ,in general ,the term hardrock mineral includes deposits of-- 7i7 minerals found in sedimentary or other rocks2 7ii7 base metals2 7iii7 precious metals2 7iv7 industrial minerals2 and 7v7 precious and semi-precious gemstones4 7,b7 ,exclusions ,the term hardrock mineral does not include deposits of-- 7i7 coal2 7ii7 oil2 7iii7 oil shale2 7iv7 gas2 7v7 sodium2 7vi7 potassium2 7vii7 sulfur2 or 7viii7 mineral materials subject to disposition under the ,act of ,july #ca1 #aidg 7commonly known as the ,materials ,act of #aidg7 7#fa ,stat4 #fha1 chapter #djf2 #cj ,u4,s4,c4 #fja et seq474 4 7#b7 ,deposits subject to lease ,section #c of the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #ceb7 is amended1 in the first sentence1 by striking and sulfur and inserting sulfur1 and hardrock minerals4 7d7 ,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 7,a7 ,in general ,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,b7 ,hardrock minerals ,section #f7;a7 of the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cee7;a77 is amended by adding at the end the following3 ,beginning on the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf1 any receipts derived from leases of hardrock minerals pursuant to section #c that would otherwise be paid into the ,treasury shall be deposited into the ,abandoned ,hardrock ,mine ,fund established by section #bje7;d7 of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf44 7#c7 ,use ,the ,secretary of the ,interior may make expenditures from amounts available in the ,fund1 without further appropriations or fiscal year limitation1 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 7,b7 may be transferred in accordance with section #djgjd7;e77#b7 of that ,act 7#cj ,u4,s4,c4 #abde7;e77#b772 and 7,c7 may be used for the administration of the ,fund and section #djgjd of the ,infrastructure ,investment and ,jobs ,act 7#cj ,u4,s4,c4 #abde7 in amounts not to exceed #e percent of amounts deposited into the ,fund4 7e7 ,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 ,c ,geothermal leasing and permitting #bbba4 ,geothermal observation test projects ,the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq47 is amended by adding at the end the following3 #cj4 ,geothermal observation test projects 7a7 ,definitions ,in this section3 7#a7 ,casual use ,the term casual use1 with respect to a geothermal observation test project1 means activities ordinarily resulting in no or negligible disturbance of public land or resources4 7#b7 ,categorical exclusion ,the term categorical exclusion has the meaning given the term in section #c of the ,national ,environmental ,policy ,act of #aifi4 7#c7 ,downhole ,the term downhole means a well or borehole dug or drilled into the subsurface of the earth for the purposes of resource confirmation or potential use4 7#d7 ,geothermal observation test project ,the term geothermal observation test project means using geothermal technologies to drill a test1 monitor1 calibration1 or other similar type of exploratory drilling process well for geothermal resources on land for which the ,secretary concerned has issued a lease under this ,act1 that-- 7,a7 causes an allowable amount of total disturbance2 7,b7 does not include any permanent roads2 7,c7 is developed-- 7i7 with the deepest cemented casing string less than #ab inches of downhole size in diameter2 7ii7 in a manner that does not require off-road motorized access other than to and from the well site along an identified off-road route2 7iii7 with temporary road access1 if needed to enable access to the geothermal observation test project location1 subject to the requirement that-- 7,i7 construction of the temporary road access is remediated as close as reasonably practicable to original condition following completion of the geothermal observation test project work2 or 7,,ii7 the temporary road access1 with any additional permanent improvements1 is included as part of the full review required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 if the leaseholder intends to proceed with geothermal energy use for-- 7aa7 the production of electricity2 7bb7 industrial processes2 7cc7 agricultural processes2 7dd7 brine mineral extraction2 7ee7 direct heating and cooling uses2 or 7ff7 any combination of items 7aa7 through 7ee72 and 7iv7 with the use of rubber-tired digging or drilling equipment vehicles2 7,d7 is completed in less than #a year-- 7i7 including the removal of any surface infrastructure from the site1 unless-- 7,i7 the party conducting the geothermal observation test project submits to the ,secretary concerned by not later than #fj days after the date of first exploration drilling an extension request for additional time to complete the observation project1 in which the request provides justification indicating why granting an extension is necessary2 and 7,,ii7 the ,secretary concerned grants an extension under subclause 7,i71 if requested2 or 7ii7 not including removal of any surface infrastructure from the site so long as the geothermal developer intends to proceed with resource development directly following the test phase of the project and into processes required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,e7 requires the restoration of the project site as part of any new review required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 within #c years of the date of first exploration drilling to approximately the condition that existed at the time the project began1 unless the site is subsequently used as part of energy development under the lease4 7#e7 ,geothermal technology ,the term geothermal technology means technology designed to extract heat from the subsurface of the earth and that is used to drill-- 7,a7 hydrothermal project test wells2 7,b7 enhanced geothermal system monitoring wells2 7,c7 closed loop geothermal system calibration wells2 and 7,d7 similar types of subsurface disturbances through non-production wells to assess the viability of the heat resources of the earth4 7#f7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land2 and 7,b7 the ,secretary1 with respect to public lands4 7#g7 ,surface infrastructure ,the term surface infrastructure means all equipment1 materials1 facilities1 and other items used in the drilling of a geothermal observation test project4 7#h7 ,total disturbance 7,a7 ,in general ,the term total disturbance means a geothermal observation test project that causes not more than #aj acres of disturbance from-- 7i7 soil or vegetation disruption at the location of each geothermal observation test project2 and 7ii7 soil or vegetation disruption during access or egress to the geothermal observation test project site4 7,b7 ,allowance 7i7 ,multiple projects ,for instances of multiple geothermal observation test projects1 the acres of total disturbance allowed shall-- 7,i7 be equal to the total number of geothermal observation test projects multiplied by #aj acres2 and 7,,ii7 not exceed #ajj total acres4 7ii7 ,access or egress ,for soil or vegetation disruption during access or egress to a geothermal observation test project site1 the acres of total soil or vegetation disruption allowed shall be equal to the acres of total disturbance allowed minus the acres of soil or vegetation disruption caused by the geothermal observation test project4 7b7 ,categorical exclusion 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary concerned shall develop a categorical exclusion for geothermal observation test projects4 7#b7 ,administration ,in developing and administering the categorical exclusion under paragraph 7#a71 the ,secretary concerned shall-- 7,a7 comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 apply any applicable extraordinary circumstance under section #df4bae of title #dc1 ,code of ,federal ,regulations 7or a successor regulation71 in determining whether to use the categorical exclusion4 7c7 ,non-,major ,federal action 7#a7 ,in general ,activities that are casual use shall not be considered a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,notice of intent ,a party wishing to conduct activities that are casual use shall provide to the ,secretary a notice of intent to carry out those activities at least #cj days before the start of the activities4 4 #bbbb4 ,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 in the matter preceding subsection 7a71 by striking ,as used in this ,act1 the term-- and inserting ,in this ,act32 7,b7 in each of subsections 7a7 through 7d71 by striking the semicolon at the end and inserting a period2 7,c7 in subsection 7e71 by striking geothermal steam or associated2 7,d7 in subsection 7f7-- 7i7 in the matter preceding paragraph 7#a71 by striking ,significant and inserting significant2 and 7ii7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and indenting appropriately2 7,e7 in subsection 7g71 by striking 2 and and inserting a period2 7,f7 by redesignating subsections 7a7 through 7g7 as paragraphs 7#h71 7#d71 7#e71 7#a71 7#g71 7#i71 and 7#b71 respectively1 and indenting and moving the paragraphs so as to appear in numerical order2 7,g7 in each of paragraphs 7#a71 7#b71 7#d71 7#e71 7#g71 7#h71 and 7#i7-- 7i7 by inserting ,the term after the paragraph designation2 and 7ii7 by inserting a paragraph heading1 the text of which comprises the term defined in that paragraph2 7,h7 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 or structures 7including turbines1 cooling equipment1 and other equipment71 that converts geothermal resources into electricity4 7,b7 ,separate facilities ,a plant or site of a facility described in subparagraph 7,a7 shall be considered a new or separate facility from the facility described in subparagraph 7,a7 only if no turbines are shared with that existing facility4 2 and 7,i7 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 begins operating4 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 amended in the matter preceding subparagraph 7,a7 by striking 1 as defined in section #b7;f714 7b7 ,geothermal royalties ,section #e7;a77#a7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjd7;a77#a77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by inserting with respect to a geothermal electric generating facility producing electricity from geothermal resources1 before not less than2 7,b7 by inserting by such facility after produced2 and 7,c7 by striking the first #aj years of production under the lease and inserting each year of the #aj-year period following the in-service date of the geothermal electric generating facility2 and 7#b7 in subparagraph 7,b7-- 7,a7 by inserting with respect to a geothermal electric generating facility producing electricity from geothermal resources1 before not less than2 7,b7 by inserting by such facility after produced2 and 7,c7 by striking such #aj-year period and inserting the #aj-year period described in subparagraph 7,a74 #bbbc4 ,geothermal leasing reform 7a7 ,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 #b years and inserting year2 and 7#b7 by adding at the end the following3 7#e7 ,replacement sales ,if a lease sale under paragraph 7#a7 for a year is cancelled or delayed1 the ,secretary shall conduct a replacement sale during the same year4 4 7b7 ,deadlines for consideration of geothermal drilling permits ,section #d of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7 is amended by adding at the end the following3 7h7 ,deadlines for consideration of geothermal drilling permits 7#a7 ,notice ,not later than #cj days after the date on which the ,secretary receives an application for any geothermal drilling permit1 the ,secretary shall-- 7,a7 provide written notice to the applicant that the application is complete2 or 7,b7 notify the applicant that information is missing and specify any information that is required to be submitted for the application to be complete4 7#b7 ,issuance or deferral 7,a7 ,in general ,not later than #cj days after the ,secretary has provided written notice to an applicant for a geothermal drilling permit that the application for such permit is complete pursuant to paragraph 7#a77;,a71 the ,secretary shall-- 7i7 issue the permit1 if the requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and other applicable law have been completed within the timeframe2 or 7ii7 defer the decision on the permit and provide to the applicant a notice-- 7,i7 that specifies any steps that the applicant could take for the permit to be issued2 and 7,,ii7 that includes a list of actions that need to be taken by the agency to comply with applicable law1 together with timelines and deadlines for taking those actions1 which shall not exceed the deadlines specified in section #ajg7;g7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7g774 7,b7 ,deadline for deferred decisions ,if the ,secretary defers a decision on a permit under subparagraph 7,a77ii71 the ,secretary shall issue a decision on the permit not later than #aj days after-- 7i7 the applicant takes any steps specified under subparagraph 7,a77ii77,i72 and 7ii7 the agency takes the actions described in subparagraph 7,a77ii77,,ii7 in accordance with any applicable timelines and deadlines4 4 #bbbd4 ,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 #bbbe4 ,no ,federal permit required for geothermal activities on certain land ,the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq47 7as amended by section #bbba7 is amended by adding at the end the following3 #ca4 ,no ,federal permit required for geothermal activities on certain land 7a7 ,exploration and production activities ,the ,secretary shall not require an operator to obtain a ,federal drilling permit for geothermal exploration and production activities conducted on a non-,federal surface estate1 provided 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 submits to the ,secretary a ,state permit to conduct geothermal exploration and production activities on the non-,federal surface estate4 7b7 ,notification ,for each ,state permit to drill or drilling plan that would impact or extract oil and gas owned by the ,federal ,government-- 7#a7 each lessee of ,federal minerals in the unit1 or designee of a lessee1 shall-- 7,a7 notify the ,secretary of the submission of a ,state application for a permit to drill or drilling plan on submission of the application2 and 7,b7 provide a copy of the application described in subparagraph 7,a7 to the ,secretary not later than #e days after the date on which the permit or plan is submitted2 and 7#b7 each lessee1 designee of a lessee1 or applicable ,state shall notify the ,secretary 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 approved4 7c7 ,nonapplicability to ,indian land ,subsection 7a7 shall not apply to-- 7#a7 any land located within the boundaries of an ,indian reservation1 pueblo1 or rancheria2 or 7#b7 any land not located within the boundaries of an ,indian reservation1 pueblo1 or rancheria1 the title to which is held-- 7,a7 in trust by the ,united ,states for the benefit of an ,indian ,tribe or an individual ,indian2 7,b7 by an ,indian ,tribe or an individual ,indian1 subject to restriction against alienation under laws of the ,united ,states2 or 7,c7 by a dependent ,indian community4 7d7 ,effect 7#a7 ,in general ,nothing in this section shall affect the amount of royalties due to the ,united ,states under this ,act from the production of electricity using geothermal resources 7other than direct use of geothermal resources7 or the production of any byproducts4 7#b7 ,onsite reviews and inspections ,the ,secretary may conduct onsite reviews and inspections to ensure proper accountability1 measurement1 and reporting of the production described in subsection 7a71 and payment of royalties4 4 #bbbf4 ,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 7as amended by section #bbbc7;b77 is amended by adding at the end the following3 7i7 ,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 #bbbg4 ,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 ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf 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 existence 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 ,management2 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 ,considerations ,in developing the report under paragraph 7#a71 the ,secretary of the ,interior shall solicit facts or information from representatives of the geothermal industry and other stakeholders4 #bbbh4 ,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 #bbbi4 ,,nepa ,review ,section #cij of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeidb7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,,nepa ,review ,action by the ,secretary of the ,interior in managing public land1 or the ,secretary of ,agriculture in managing ,national ,forest ,system land1 with respect to an activity described in subsection 7b7 shall not be considered a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 if the activity is conducted pursuant to the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 or the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq47 for the purpose of exploration or development of oil1 gas1 or geothermal resources4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking or gas and inserting 1 gas1 or geothermal2 7,b7 in paragraph 7#c71 by striking or gas and inserting 1 gas1 or geothermal2 7,c7 by striking ,,nepa each place it appears and inserting the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,d7 in paragraph 7#d71 by striking #e and inserting #aj2 7,e7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7,f7 by inserting after paragraph 7#d7 the following3 7#e7 ,for the purposes of geothermal1 placement of an electric transmission or distribution line of not more than #bj miles in length in an approved right-of-way corridor1 so long as the corridor was approved within #aj years prior to the date of placement of the transmission or distribution line4 2 and 7#c7 by adding at the end the following3 7c7 ,effect 7#a7 ,in general ,nothing in this section affects the requirement for a drilling permit for the conduct of any activity described in subsection 7b7 pursuant to-- 7,a7 the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq472 or 7,b7 the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq474 7#b7 ,requirements ,notwithstanding section #ag7p77#b77;,a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7p77#b77;,a77 or subsection 7h77#b77;,a77i7 of section #d of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc71 activities described in subsection 7b7 that require a drilling permit under the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ajja et seq47 or a geothermal drilling permit under the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq47 shall not have any requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 4 ,d ,hydropower #bbca4 ,identifying and removing market barriers to hydropower 7a7 ,definition of commission ,in this section1 the term ,commission means the ,federal ,energy ,regulatory ,commission4 7b7 ,report on hydropower market barriers 7#a7 ,in general ,not later than #bgj days after the date of enactment of this ,act1 the ,commission1 in consultation with the ,secretary of ,energy1 shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report-- 7,a7 describing any market barriers to the development and proper compensation of conventional1 storage1 conduit1 and emerging hydropower technologies related to-- 7i7 rules of ,transmission ,organizations 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif772 7ii7 regulations or policies-- 7,i7 of the ,commission2 or 7,,ii7 under the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq472 or 7iii7 other ,federal and ,state laws and policies unique to hydropower development1 operation1 and regulation1 as compared to other sources of electricity2 7,b7 containing recommendations of the ,commission for reducing market barriers described in subparagraph 7,a72 7,c7 identifying and determining any regulatory1 market1 procurement1 or cost recovery mechanisms that would-- 7i7 encourage development of conventional1 storage1 conduit1 and emerging hydropower technologies2 and 7ii7 properly compensate conventional1 storage1 conduit1 and emerging hydropower technologies for the full range of services provided to the electric grid1 including-- 7,i7 balancing electricity supply and demand2 7,,ii7 ensuring grid reliability2 7,,iii7 providing ancillary services2 7,,iv7 contributing to the decarbonization of the electric grid2 and 7,v7 integrating intermittent power sources into the grid in a cost-effective manner2 and 7,d7 identifying ownership and development models that could reduce market barriers to the development of conventional1 storage1 conduit1 and emerging hydropower technologies1 including-- 7i7 opportunities for risk-sharing mechanisms and partnerships1 including co-ownership models2 and 7ii7 opportunities to foster lease-sale and lease-back arrangements with publicly owned electric utilities4 7#b7 ,technical conference and public comment ,in preparing the report under paragraph 7#a71 the ,commission shall solicit public input1 including by convening a technical conference and providing an opportunity for public submission of written comments on a draft report4 #bbcb4 ,certain conditions on issuance of licenses ,section #d7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e77 is amended1 in the first proviso1 by inserting and are reasonably related to the effects of the project after of such reservation4 #bbcc4 ,hydropower maintenance and temporary adjustments 7a7 ,alterations in project works ,section #aj7;b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7;b77 is amended by adding at the end the following3 ,except as previously provided in this subsection1 the ,commission shall require prior approval of a substantial alteration or addition to project works or to project operations consisting of any significant modification of the project works or operation of the project that is not in conformity with the project plans previously approved by the ,commission4 ,the ,commission shall not require approval of any alteration or addition as determined pursuant to regulations promulgated under section #bbcc7;c7 of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf or any temporary variance to the project operations necessitated by circumstances beyond the reasonable control of the licensee1 including extreme weather1 natural disasters1 equipment failures1 or other unforeseen circumstances44 7b7 ,maintenance and repair of project works ,section #aj7;c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7;c77 is amended by inserting after the first sentence the following3 ,the ,commission shall not require approval or an amendment to a project license for any routine maintenance1 repair1 or replacement of any portion of a project works necessary to maintain the project works in accordance with this subsection44 7c7 ,guidance and ,process 7#a7 ,guidance ,not later than #ij days after the date of enactment of this ,act1 the ,federal ,energy ,regulatory ,commission shall issue a notice of proposed rulemaking proposing a process or considerations for determining a substantial alteration or addition1 nonsubstantial alteration or addition1 and routine maintenance1 repair1 or replacement to a hydropower project works based on the results of the ,notice of ,inquiry of the ,federal ,energy ,regulatory ,commission entitled ,authorizations for ,certain ,post-,licensing ,activities at ,hydroelectric ,projects 7#ij ,fed4 ,reg4 #eccaj2 ,docket ,no4 ,,rm#bf-c-jjj7 issued on ,november #bj1 #bjbe1 initially scheduled to close on ,january #bf1 #bjbf1 but extended and officially closed on ,february #aj1 #bjbf4 7#b7 ,process ,not later than #ahj days after the date of the issuance of the notice of proposed rulemaking under paragraph 7#a71 and after public notice and opportunity for comment1 the ,federal ,energy ,regulatory ,commission shall promulgate a final rule establishing-- 7,a7 standards for determining a substantial alteration or addition1 nonsubstantial alteration or addition1 and routine maintenance1 repair1 or replacement to a hydropower project works2 and 7,b7 a formal process1 as appropriate1 for determining whether a proposed alteration or addition constitutes a substantial alteration or addition under the final rule that requires approval of the ,federal ,energy ,regulatory ,commission under section #aj7;b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7;b774 7#c7 ,effect ,the rule promulgated under paragraph 7#b7 shall establish a process or considerations for determining which licensee-requested project alterations require the approval of the ,federal ,energy ,regulatory ,commission4 7d7 ,savings clause ,nothing in this section or an amendment made by this section-- 7#a7 affects any authority of the ,commission-- 7,a7 to require notice from a licensee under subsection 7a7 or 7b7 of section #aj of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc72 or 7,b7 to enforce requirements of that section or the terms of a license issued under part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 with respect to the safety of any dam and appurtenant works and structures2 or 7#b7 7,a7 precludes any prompt1 informal consultation between the licensee and the ,commission1 at the request of the licensee or the ,commission1 with respect to the safety of any dam and appurtenant works and structures in advance of work to be undertaken under section #aj of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc72 or 7,b7 affects any authority of the ,commission to require changes in advance of the work described in subparagraph 7,a7 to protect the safety of any dam and appurtenant works and structures4 #bbcd4 ,micro hydrokinetic energy projects ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 is amended by adding at the end the following3 #cg4 ,licensing of micro hydrokinetic energy projects 7a7 ,definition of micro hydrokinetic energy project ,in this section1 the term micro hydrokinetic energy project-- 7#a7 means a project that-- 7,a7 has an installed capacity of not more than #e megawatts2 and 7,b7 converts to electric energy the hydrokinetic energy from a generator driven by a turbine from-- 7i7 waves1 tides1 or currents in oceans1 estuaries1 or tidal areas2 or 7ii7 free flowing water in rivers1 lakes1 streams1 or man-made channels2 and 7#b7 does not include a project that impounds water to generate electricity4 7b7 ,authorization ,the ,commission may issue a license in accordance with this section for a term of not less than #aj1 and not more than #bj1 years for the construction1 operation1 and maintenance of project works for a micro hydrokinetic energy project4 7c7 ,expedited licensing process 7#a7 ,notification of intent 7,a7 ,filing of notification ,an applicant for a license under this section shall commence the licensing process by filing a notification of intent with the ,commission4 7,b7 ,existing license deadline ,notwithstanding section #ae7;b77#a71 an applicant for a license under this section shall file a notification of intent under subparagraph 7,a7 not later than #b years before the expiration of an existing license1 if applicable4 7#b7 ,filing of application 7,a7 ,in general ,except as provided in subparagraph 7,b71 an applicant for a license under this section shall submit to the ,commission an application not later than #a year after the date on which the applicant files a notification of intent under paragraph 7#a74 7,b7 ,existing license deadline ,notwithstanding section #ae7;c77#a71 an applicant for a license under this section shall file an application with the ,commission not later than #a year before the date of expiration of the term of an existing license1 if applicable4 7#c7 ,deadline for issuance ,the ,commission shall take final action on an application for a license under this section not later than #a year after the date on which the application is filed under paragraph 7#b74 7#d7 ,schedule for final action ,to the extent reasonably practicable1 the ,commission and any applicable conditioning or permitting agencies shall establish1 with respect to each micro hydrokinetic energy project that is the subject of a notification of intent to apply for a license under this section1 a joint schedule that permits the timely completion of decisions required to be made with respect to1 and the timely issuance of1 authorizations required under ,federal law by the ,commission and the conditioning or permitting agencies1 subject to the requirement that any joint schedule established under this paragraph shall comply with the deadline for final action established under paragraph 7#c74 7d7 ,regulations 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,commission shall promulgate regulations to implement this section in a manner that expedites the deployment of micro hydrokinetic energy projects while ensuring the safe operation of the micro hydrokinetic energy project in compliance with applicable ,federal and ,state laws4 7#b7 ,inclusion ,the regulations promulgated under paragraph 7#a7 shall provide for the use of #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 necessary for micro hydrokinetic energy projects4 7e7 ,report to congress ,the ,commission shall submit to ,congress a report describing the impacts of the micro hydrokinetic energy projects licensed under this section on the environment1 the economy1 and the reliability and affordability of electricity not later than the earlier of-- 7#a7 the date that is #e years after the date of enactment of this section2 and 7#b7 the date on which the first #ej micro hydrokinetic energy projects licensed under this section have been operational for not less than #a year4 7f7 ,savings clause ,nothing in this section affects any authority of the ,commission1 at the election of an applicant1 to license the construction1 operation1 and maintenance of project works for a micro hydrokinetic energy project under any other provision of this part4 4 ,e ,hiring and retention #bbda4 ,federal ,energy ,regulatory ,commission staffing 7a7 ,consultation requirement ,section #dja7k7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaga7k77 is amended-- 7#a7 by striking paragraph 7#f72 and 7#b7 by redesignating paragraph 7#g7 as paragraph 7#f74 7b7 ,certification requirements ,section #dja7k77#b77;,a7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaga7k77#b77;,a77 is amended by striking or mathematical and inserting mathematical1 economic1 or legal4 #bbdb4 ,northwest ,power and ,conservation ,council ,section #d7;c77#aj77;,b7 of the ,pacific ,northwest ,electric ,power ,planning and ,conservation ,act 7#af ,u4,s4,c4 #hci;b7c77#aj77;,b77 is amended by inserting since the date of enactment of the ,bipartisan ,american ,affordability and ,jobs ,act of #bjbf before the period at the end4 #bbdc4 ,federal ,energy ,regulatory ,commission personnel safety ,the ,federal ,energy ,regulatory ,commission may authorize employees of the ,federal ,energy ,regulatory ,commission to perform law enforcement duties as needed to ensure the safety of the ,chairman and ,commissioners of the ,federal ,energy ,regulatory ,commission in the performance of the official duties of the ,chairman and ,commissioners1 respectively4 ,f ,offshore energy #bbea4 ,offshore energy 7a7 ,outer ,continental ,shelf ,lands ,act ,section #h7p7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77 is amended-- 7#a7 in paragraph 7#d77;,i71 by striking prevention of interference with reasonable uses and inserting prevention of unreasonable interference with other uses2 7#b7 by striking paragraph 7#aj7 and inserting the following3 7#aj7 ,applicability 7,a7 ,in general ,except as provided in subparagraph 7,b71 this subsection does not apply to any area on the outer ,continental ,shelf within the exterior boundaries of any unit of the ,national ,park ,system1 the ,national ,wildlife ,refuge ,system1 the ,national ,marine ,sanctuary ,system1 or any ,national ,monument4 7,b7 ,exception ,notwithstanding subparagraph 7,a71 the ,secretary1 in consultation with the ,secretary of ,commerce under section #cjd7;d7 of the ,national ,marine ,sanctuaries ,act 7#af ,u4,s4,c4 #adcd7;d771 may grant rights-of-way on the outer ,continental ,shelf within units of the ,national ,marine ,sanctuary ,system for the transmission of electricity4 2 and 7#c7 by adding at the end the following3 7#aa7 ,duration of permits in marine sanctuaries ,notwithstanding section #caj7;c77#b7 of the ,national ,marine ,sanctuaries ,act 7#af ,u4,s4,c4 #adda7;c77#b771 any permit or authorization granted under that ,act that authorizes the installation1 operation1 or maintenance of electric transmission cables on a right-of-way granted by the ,secretary described in paragraph 7#aj77;,b7 shall be issued for a term equal to the duration of the right-of-way granted by the ,secretary4 4 7b7 ,savings clause ,nothing in this section1 or an amendment made by this section1 modifies the limitations described in section #ejbfe7;b77#b7 of ,public ,law #aag-afi 7#dc ,u4,s4,c4 #cjjf7;b77#b774 #bbeb4 ,offshore energy transmission 7a7 ,definitions ,in this section3 7#a7 ,backbone line ,the term backbone line means a transmission line that connects multiple offshore transmission substitutions4 7#b7 ,federal authorization 7,a7 ,in general ,the term ,federal authorization means any authorization required under ,federal law in order to site an offshore transmission facility4 7,b7 ,inclusions ,the term ,federal authorization includes such permits1 special use authorizations1 certifications1 opinions1 or other approvals as may be required under ,federal law in order to site an offshore transmission facility4 7#c7 ,offshore generation facility ,the term offshore generation facility means a facility that-- 7,a7 is located on the outer ,continental ,shelf2 and 7,b7 produces electric energy4 7#d7 ,offshore transmission facility 7,a7 ,in general ,the term offshore transmission facility means a facility1 such as a line or cable1 and any related infrastructure or equipment1 such as a substation or converter station1 that is used for the transmission of electric energy-- 7i7 between #b or more offshore generation facilities1 including-- 7,i7 offshore generation facilities within a single offshore energy project2 and 7,,ii7 offshore generation facilities in different offshore energy projects2 or 7ii7 between #a or more offshore generation facilities and an interconnection with an onshore electric grid4 7,b7 ,inclusions ,the term offshore transmission facility includes a radial line1 a backbone line1 and any transmission line4 7#e7 ,optimal point of interconnection ,the term optimal point of interconnection means a point of interconnection that minimizes-- 7,a7 delays2 7,b7 local impacts2 and 7,c7 the need for grid updates4 7#f7 ,outer ,continental ,shelf ,the term outer ,continental ,shelf has the meaning given the term in section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca74 7#g7 ,radial line ,the term radial line means a transmission line that is used to link #a or more offshore energy projects to the bulk-power system 7as defined in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a7774 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#i7 ,state ,the term ,state has the meaning given the term in section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca74 7b7 ,identification of preferred routes 7#a7 ,in general 7,a7 ,initial identification ,not later than #b years after the date of enactment of this ,act1 the ,secretary and the ,secretary of ,energy 7referred to in this subsection as the ,secretaries71 in coordination with relevant ,federal agencies involved in the permitting of offshore generation facilities and offshore transmission facilities1 shall identify preferred routes on the outer ,continental ,shelf for transmission cables and sub-seabed infrastructure 7where such routes have not yet been identified71 including-- 7i7 between offshore generation facilities2 and 7ii7 between offshore generation facilities and optimal points of interconnection with onshore electric grids4 7,b7 ,periodic review ,not less frequently than once every #c years after the initial identification of preferred routes in accordance with subparagraph 7,a71 the ,secretaries1 in coordination with relevant ,federal agencies involved in the permitting of offshore generation facilities and offshore transmission facilities1 shall-- 7i7 determine whether additional preferred routes are needed2 and 7ii7 if applicable1 identify any additional preferred routes4 7#b7 ,considerations ,in identifying preferred routes under paragraph 7#a71 the ,secretaries shall take into account-- 7,a7 existing rights-of-way and existing sub-seabed infrastructure2 7,b7 the optimal points of interconnection between offshore generation facilities and onshore electric grids2 and 7,c7 impacts on the marine environment1 including critical habitats or protected areas1 marine organisms1 including protected or endangered species1 and other ocean users1 including fisheries4 7c7 ,siting1 permitting1 and authorizations 7#a7 ,lead agency ,with respect to an offshore transmission facility1 the ,department of the ,interior shall act as the lead agency for purposes of coordinating all applicable ,federal authorizations and related environmental reviews of the facility4 7#b7 ,rulemaking 7,a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 in coordination with other relevant ,federal agencies1 shall issue1 pursuant to section #e of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accd71 a final rule relating to ,federal authorizations for offshore transmission facilities4 7,b7 ,considerations ,in carrying out subparagraph 7,a71 the ,secretary shall consider-- 7i7 establishing #a or more procedures for soliciting information about existing and potential rights-of-way2 7ii7 establishing a process for determining interest in the use of #a or more rights-of-way1 including backboned or meshed rights-of-way2 7iii7 establishing a process for the issuance of rights-of-way1 on a competitive or noncompetitive basis1 as appropriate1 which may include consideration of whether a developer-- 7,i7 has an award from a ,state via a competitive process2 7,,ii7 has an existing agreement to interconnect a transmission project2 or 7,,iii7 has submitted an interconnection request in accordance with the pro forma ,large ,generator ,interconnection ,procedures promulgated pursuant to section #ce4bh7;f7 of title #ah1 ,code of ,federal ,regulations 7or successor regulations72 7iv7 any requirements relating to environmental reviews for-- 7,i7 independent transmission projects2 and 7,,ii7 transmission projects within existing rights-of-way2 and 7v7 the requirements described in section #h7p77#d7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#d774 7#c7 ,amendment ,section #h7p77#c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#c77 is amended-- 7,a7 by striking 1 the ,secretary shall issue a lease1 easement1 or right-of-way and inserting the following3 87#dc ,u4,s4,c4 #accg note2 ,public ,law #aji-eh71 the ,secretary-- 7,a7 shall issue a lease or easement 2 and 7,b7 in subparagraph 7,a7 7as so designated7-- 7i7 by striking lease1 easement1 or right-of-way and inserting lease or easement2 and 7ii7 by striking the period at the end and inserting the following3 82 and 7,b7 may issue a right-of-way on a competitive or noncompetitive basis1 as the ,secretary determines to be appropriate4 4 ,,iii ,historic ,preservation #bcja4 ,historic preservation 7a7 ,eligibility for inclusion on national register ,section #cjbgjf of title #ed1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking the subsection designation and all that follows through ,property of traditional religious and and inserting the following3 7a7 ,eligibility 7#a7 ,definition of property of traditional religious or cultural importance ,in this subsection1 the term property of traditional religious or cultural importance means an identifiable geographic location or feature at which an event of continuing religious or cultural significance to a living community occurred1 including any prehistoric or historic district1 site1 building1 structure1 or object1 and any existing artifacts or material remains at that district1 site1 building1 structure1 or object4 7#b7 ,determination ,property of traditional religious or 2 and 7#b7 in subsection 7b71 by striking subsection 7a7 and inserting subsection 7a77#b74 7b7 ,program evaluation 7#a7 ,state programs ,section #cjbcjb of title #ed1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a7-- 7i7 in the subsection heading1 by striking ,occcur and inserting ,occur2 and 7ii7 by striking #d and inserting #b2 7,b7 in subsection 7b7-- 7i7 by striking ,if and inserting the following3 7#a7 ,in general ,if 2 7ii7 in paragraph 7#a7 7as so designated71 by striking within a reasonable period of time and inserting within #b years of the date of the disapproval2 and 7iii7 by adding at the end the following3 7#b7 ,compliance with timelines ,a ,state program shall not be considered consistent with this division under paragraph 7#a7 if the applicable ,state ,historic ,preservation ,officer does not regularly comply with timelines for consultation1 complete consultation expeditiously1 or meet required metrics under this division4 7#c7 ,disapproval ,if the ,secretary disapproves of a ,state program or a major aspect of a ,state program under paragraph 7#a71 the ,secretary shall require the suspension in whole or in part of-- 7,a7 any contracts and cooperative agreements among the ,secretary and the applicable ,state and ,state ,historic ,preservation ,officer2 and 7,b7 any grants distributed through the ,historic ,preservation ,fund to the applicable ,state and ,state ,historic ,preservation ,officer4 7#d7 ,review ,if the ,secretary determines under paragraph 7#a7 that a ,state program remains not consistent1 or has not made acceptable progress towards becoming consistent1 with this division within the #b-year timeline described in that paragraph1 the ,secretary shall assume all or part of the functions of the ,state ,historic ,preservation ,officer until the date on which the ,state ,historic ,preservation ,officer demonstrates that the ,state program is consistent under paragraph 7#a74 2 and 7,c7 in subsection 7d77#b7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting shall after ,secretary2 7ii7 in subparagraph 7,a7-- 7,i7 by striking may conduct periodic fiscal audits and inserting not less frequently than every #d years1 conduct fiscal audits2 and 7,,ii7 by striking as needed2 and 7iii7 in subparagraph 7,b71 by striking shall4 7#b7 ,tribal programs 7,a7 ,in general ,chapter #cjbg of title #ed1 ,united ,states ,code1 is amended by adding at the end the following3 #cjbgjg4 ,program evaluation 7a7 ,when ,evaluation ,should ,occur ,periodically1 but not less frequently than every #b years after the date on which a tribal program has been approved to assume functions and responsibilities under section #cjbgjb1 the ,secretary1 in consultation with the ,council under applicable provisions of this division1 and in cooperation with the ,tribal ,historic ,preservation ,officer1 shall evaluate the tribal program to determine whether the tribal program is consistent with this division4 7b7 ,disapproval of ,program 7#a7 ,in general ,if1 at any time1 the ,secretary determines that a major aspect of a tribal program is not consistent with this division1 the ,secretary shall disapprove the tribal program and suspend in whole or in part any contracts or cooperative agreements with the ,indian tribe and the ,tribal ,historic ,preservation ,officer under this division1 until the program is consistent with this division1 unless the ,secretary determines that the tribal program will be made consistent with this division within #b years of the date of the disapproval4 7#b7 ,compliance with timelines ,a tribal program shall not be considered consistent with this division under paragraph 7#a7 if the applicable ,tribal ,historic ,preservation ,officer does not regularly comply with timelines for consultation1 complete consultation expeditiously1 or meet required metrics under this division4 7#c7 ,disapproval ,if the ,secretary disapproves of a tribal program or a major aspect of a tribal program under paragraph 7#a71 the ,secretary shall require the suspension in whole or in part of-- 7,a7 any contracts or cooperative agreements among the ,secretary and the applicable ,indian tribe and ,tribal ,historic ,preservation ,officer2 and 7,b7 any grants distributed through the ,historic ,preservation ,fund to the applicable ,indian tribe and ,tribal ,historic ,preservation ,officer4 7#d7 ,review ,if the ,secretary determines under paragraph 7#a7 that a tribal program remains not consistent1 or has not made acceptable progress towards becoming consistent1 with this division within the #b-year timeline described in that paragraph1 the ,secretary shall assume all or part of the functions of the ,tribal ,historic ,preservation ,officer until the date on which the ,tribal ,historic ,preservation ,officer demonstrates that the ,state program is consistent under paragraph 7#a74 7c7 ,oversight ,the ,secretary1 in consultation with ,tribal ,historic ,preservation ,officers1 shall establish oversight methods to ensure tribal program consistency and quality without imposing undue review burdens on ,tribal ,historic ,preservation ,officers4 7d7 ,fiscal ,audit and ,management ,system 7#a7 ,substitution for comparable ,federal systems ,at the discretion of the ,secretary1 a system of fiscal audit and management of the ,indian tribe may be substituted for comparable ,federal systems1 subject to the conditions that the system of the ,indian tribe-- 7,a7 establishes and maintains substantially similar accountability standards2 and 7,b7 provides for independent professional peer review4 7#b7 ,fiscal audits and review by secretary ,the ,secretary shall-- 7,a7 not less frequently than every #d years1 conduct periodic fiscal audits of tribal programs approved under this chapter2 and 7,b7 ensure that the tribal programs meet applicable accountability standards4 7#c7 ,,isdeaa audit substitution ,an audit conducted to meet the requirements of section #e of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecje7 of a tribal program shall meet the requirements of this subsection1 subject to the requirement that the audit shall be submitted to each of the ,director1 the ,director of the ,bureau of ,indian ,affairs1 and the ,council4 4 7#c7 ,conforming amendment ,section #cjbgjb of title #ed1 ,united ,states ,code1 is amended1 in the matter preceding paragraph 7#a71 by striking #cjbcjb and #cjbcjc and inserting #cjbcjc and #cjbgjg4 7#d7 ,clerical amendment ,the table of sections for chapter #cjbg of title #ed1 ,united ,states ,code1 is amended by adding at the end the following3 #cjbgjg4 ,program evaluation4 4 7c7 ,effect of undertaking on historic property ,section #cjfajh of title #ed1 ,united ,states ,code1 is amended-- 7#a7 in the second sentence1 by striking ,the head of the ,federal agency and inserting the following3 7#b7 ,opportunity to comment ,the head of any ,federal agency described in paragraph 7#a7 2 7#b7 in the first sentence1 by striking ,the head of any ,federal agency having direct or indirect and inserting the following3 7b7 ,adverse effect of the undertaking 7#a7 ,in general ,the head of any ,federal agency having direct 2 7#c7 by inserting before subsection 7b7 7as so designated7 the following3 7a7 ,definitions ,in this section3 7#a7 ,adverse effect of the undertaking 7,a7 ,in general ,the term adverse effect of the undertaking means a consequence of an undertaking that-- 7i7 is reasonably foreseeable2 and 7ii7 directly alters the characteristics of a historic property in a manner that would diminish the integrity of the location1 design1 setting1 materials1 workmanship1 or association of the historic property4 7,b7 ,exclusions ,the term adverse effect of the undertaking does not include-- 7i7 any visual1 atmospheric1 or audible element1 unless the visual1 atmospheric1 or audible element would have a direct impact on a historic property that would significantly diminish the eligible characteristics of the historic property2 7ii7 any temporary alteration to a historic property that is limited to the time it takes to complete an undertaking2 or 7iii7 any effect on a portion of the historic property other than an adverse effect to the character-defining features1 such as contributing elements1 cultural-use locations1 or access points1 that significantly contribute to the qualification of the property for inclusion on the ,national ,register4 7#b7 ,area of potential effects 7,a7 ,in general ,the term area of potential effects means the area within which an undertaking may cause an effect described in paragraph 7#a77;,a74 7,b7 ,exclusion ,the term area of potential effects does not include any geographic area affected solely by a portion of a project1 activity1 or program that is not subject to ,federal control or responsibility4 7#c7 ,made public ,the term made public1 with respect to a final agency action1 means that the final agency action is published in a single location on the primary website of the applicable ,federal agency with-- 7,a7 hyperlinks to the final agency action prominently displayed on the website2 and 7,b7 the date of initial publication of the final agency action displayed and maintained on the website4 7#d7 ,reasonably foreseeable 7,a7 ,in general ,the term reasonably foreseeable1 with respect to an adverse effect of the undertaking1 means an effect of the undertaking that shares a reasonably close causal relationship to1 and is proximately caused by1 the undertaking being considered4 7,b7 ,exclusions ,the term reasonably foreseeable1 with respect to an adverse effect of the undertaking1 does not include-- 7i7 any adverse effect of the undertaking that is speculative or attenuated from the undertaking2 or 7ii7 any adverse effect of the undertaking relating to an unrelated prior1 separate existing1 or potential future undertaking4 7#e7 ,state historic preservation officer ,the term ,state ,historic ,preservation ,officer means-- 7,a7 the official designated and appointed pursuant to section #cjbcja7a7 to administer the ,state ,historic ,preservation ,program2 or 7,b7 a representative designated to act for the official described in subparagraph 7,a74 7#f7 ,tribal historic preservation officer ,the term ,tribal ,historic ,preservation ,officer means the ,tribal official designated pursuant to section #cjbgjb7b7 who has assumed the duties of the ,state ,historic ,preservation ,officer for purposes of compliance with subsection 7b7 within the boundaries of the applicable tribal land4 7#g7 ,undertaking 7,a7 ,in general ,the term undertaking means a project1 activity1 or program that-- 7i7 requires a ,federal permit1 license1 or approval2 and 7ii7 is subject to substantial ,federal control and responsibility4 7,b7 ,exclusion ,the term undertaking does not include-- 7i7 any portion of a project1 activity1 or program over which a ,federal agency does not exercise substantial control or responsibility over the outcome2 7ii7 a project1 activity1 or program for which the only ,federal involvement is a loan1 loan guarantee1 grant 7including a capitalization grant71 cost-share award1 or other form of financial assistance that is not for the primary purpose of historic preservation2 7iii7 a project1 activity1 or program that consists of minor restoration1 rehabilitation1 repair1 maintenance1 stabilization1 hazardous material remediation1 structure hardening1 provision of handicapped access1 or other similar minor projects that do not diminish the integrity of a historic property2 7iv7 a project1 activity1 or program that is a survey or work completed to conduct consultations2 7v7 a project1 activity1 or program that-- 7,i7 is any alteration to a historic property that is necessary for public safety2 and 7,,ii7 does not diminish the integrity of the historic property2 7vi7 an activity or decision that is non-discretionary and made in accordance with the statutory authority of the ,federal agency2 7vii7 any-- 7,i7 renewal of a special use permit on the expiration of the special use permit if no substantive changes are made from the original special use permit2 or 7,,ii7 transfer of ownership of a special use permit2 7viii7 the implementation of1 or any act or omission under1 a memorandum of agreement1 programmatic agreement1 or other instrument executed in connection with compliance with this section1 after the date on which a determination has been made under subsection 7c72 or 7ix7 the continuation1 operation1 maintenance1 or post-approval implementation of a project1 activity1 or program after the determination has been made under subsection 7c71 except that a subsequent discrete decision of a ,federal agency to amend or materially modify a determination made under subsection 7c7 is itself an undertaking1 to the extent provided in this section4 2 and 7#d7 by adding at the end the following3 7c7 ,consultation 7#a7 ,in general ,the responsibilities of a ,federal agency under this section shall be limited to historic properties within the area of potential effects identified by the ,federal agency4 7#b7 ,initiation and report 7,a7 ,in general ,not later than #cj days after the date of receipt of a request for review of a proposed project1 activity1 or program under this section1 the applicable ,federal official shall determine whether the proposed project1 activity1 or program is an undertaking subject to the requirements of this section4 7,b7 ,establishment of area of potential effects and identification and determination of historic properties 7i7 ,in general ,if the applicable ,federal official determines under subparagraph 7,a7 that the proposed project1 activity1 or program is an undertaking1 the applicable ,federal official shall establish the area of potential effects for the undertaking4 7ii7 ,identification of historic properties ,the applicable ,federal official shall identify and determine any historic properties within the area of potential effects4 7iii7 ,consultation ,for purposes of establishing the area of potential effects for the undertaking and identifying and determining any historic properties under clauses 7i7 and 7ii71 respectively1 the applicable ,federal official may consult with any applicable ,state ,historic ,preservation ,officers1 ,tribal ,historic ,preservation ,officers1 ,indian tribes1 or ,native ,hawaiian organizations1 local governments1 and project1 activity1 or program applicants4 7iv7 ,incorporation of information ,upon a determination made under subparagraph 7,a71 before establishing the area of potential effects under clause 7i7 or identifying and determining historic properties under clause 7ii71 the applicable ,federal official shall seek1 discuss1 as appropriate1 and incorporate1 as applicable1 information from each applicable ,state ,historic ,preservation ,officer1 ,tribal ,historic ,preservation ,officer1 ,indian tribe1 or ,native ,hawaiian organization1 local government1 and project1 activity1 or program applicant1 if the information is communicated to the applicable ,federal official not later than #cj days after the date on which the ,federal official submits a request for such information4 7,c7 ,program alternative ,if the applicable ,federal official determines under subparagraph 7,a7 that the proposed project1 activity1 or program is an undertaking that is governed by a program alternative authorized under section #hjj4ad of title #cf1 ,code of ,federal ,regulations 7or successor regulations71 including an alternate procedure1 programmatic agreement1 exempted category1 standard treatment1 or program comment1 the applicable ,federal official may follow the applicable program alternative with respect to the undertaking4 7,d7 ,determination of effects 7i7 ,in general ,if the applicable ,federal official determines that a proposed project1 activity1 or program is an undertaking under subparagraph 7,a71 the applicable ,federal official shall determine whether there are any adverse effects of the undertaking within the area of potential effects4 7ii7 ,no adverse effects ,the applicable ,federal official shall have no further obligations under this section if the applicable ,federal official determines under clause 7i7 that-- 7,i7 the proposed project1 activity1 or program is an undertaking for which there are no adverse effects of the undertaking2 7,,ii7 the undertaking does not have the potential to cause adverse effects of the undertaking2 or 7,,iii7 historic properties are not present4 7iii7 ,report ,if the applicable ,federal official determines under subparagraph 7,a7 that the proposed project1 activity1 or program is an undertaking1 for which there will be adverse effects of the undertaking1 as determined under clause 7i71 not later than #fj days after the date of the determination under subparagraph 7,a71 the applicable ,federal official shall complete and submit for review to the applicable ,state ,historic ,preservation ,officer1 ,tribal ,historic ,preservation ,officer1 ,indian tribe1 ,native ,hawaiian organization1 local government1 and project1 activity1 or program applicant under this division a report that-- 7,i7 identifies whether historic properties are present within the area of potential effects2 and 7,,ii7 if historic properties are present within the area of potential effects-- 7aa7 identifies the area of potential effects for the undertaking2 7bb7 identifies the historic properties within the area of potential effects2 7cc7 considers only the portion of the property within the area of potential effects2 7dd7 documents the adverse effects of the undertaking2 7ee7 identifies prudent and feasible measures within the area of potential effects to avoid1 minimize1 or mitigate the adverse effects of the undertaking2 7ff7 identifies and explains any case in which1 as applicable1 the applicable ,federal official has decided not to require such prudent and feasible measures because1 in the sole discretion of the applicable ,federal official and as otherwise allowed by law1 other considerations outweigh the consideration of historic preservation as to any or all adverse effects of the undertaking2 and 7gg7 does not identify measures described in item 7ee7 that are not prudent or would occur outside the area of potential effects1 unless the project1 activity1 or program applicant has submitted a written request for alternative mitigation measures4 7#c7 ,determination 7,a7 ,in general ,not later than #ij days after the date of submission of a report under paragraph 7#b77;,d77iii71 unless a shorter timeline is agreed to by the ,state ,historic ,preservation ,officer or ,tribal ,historic ,preservation ,officer and each applicable ,indian tribe1 ,native ,hawaiian organization1 and local government1 the applicable ,federal official1 in consultation with the applicable ,state ,historic ,preservation ,officer and ,tribal ,historic ,preservation ,officer1 ,indian tribe1 ,native ,hawaiian organization1 and local government under this division1 shall-- 7i7 determine1 based on the report1 that-- 7,i7 7aa7 the adverse effects of the undertaking would not so diminish the integrity of the historic property to the extent that the historic property would be made ineligible for listing on the ,national ,register2 and 7bb7 the obligations of the ,federal official under this section shall be satisfied2 or 7,,ii7 7aa7 in the sole discretion of the ,federal official and as otherwise allowed by law1 other considerations outweigh the consideration of historic preservation as to any or all adverse effects of the undertaking2 and 7bb7 the obligations of the ,federal official under this section shall be satisfied2 or 7ii7 reach an agreement with the applicable ,state ,historic ,preservation ,officer and ,tribal ,historic ,preservation ,officer1 ,indian tribe1 ,native ,hawaiian organization1 local government1 and project1 activity1 or program applicant that describes how the adverse effects of the undertaking would be avoided1 minimized1 or mitigated4 7,b7 ,no agreement 7i7 ,consultation period ,if an agreement is not reached under clause 7ii7 of subparagraph 7,a7 within the #ij-;day period described in that subparagraph1 during the #fj-;day period beginning immediately after the end of that #ij-;day period1 there shall be a period of consultation among the applicable ,federal official1 ,state ,historic ,preservation ,officer and ,tribal ,historic ,preservation ,officer1 ,indian tribe1 ,native ,hawaiian organization1 and local government4 7ii7 ,formal advisory comments 7,i7 ,request ,if an agreement is not reached under clause 7i7 within the #fj-;day period described in that clause1 the head of the ,federal agency shall request formal advisory comments from the ,council with respect to the applicable undertaking4 7,,ii7 ,response ,not later than #de days after the date on which the ,council receives a request under subclause 7,i71 the ,council shall submit to the head of the ,federal agency the formal advisory comments requested4 7,,iii7 ,final determination ,not later than #cj days after the date on which the head of the ,federal agency receives the formal advisory comments from the ,council under subclause 7,,ii71 the head of the ,federal agency 7or an agency official delegated by the head of the ,federal agency7 shall make a final determination on the undertaking that demonstrates how the formal advisory comments were considered4 7,,iv7 ,satisfaction of obligations ,effective on the date on which a final determination is made under subclause 7,,iii71 the obligations of the applicable ,federal agency under this section shall be satisfied4 7,c7 ,multiple determinations ,if an undertaking involves multiple corridors or large land areas1 the applicable ,federal official may issue multiple determinations under subparagraph 7,a7 in a phased process4 7#d7 ,lead ,federal agency 7,a7 ,in general ,if more than #a ,federal agency has jurisdiction over a project1 activity1 or program that is determined to be an undertaking1 the #a or more applicable ,federal agencies shall designate a lead ,federal agency to comply with the requirements of this subsection4 7,b7 ,presumption ,if a lead ,federal agency has been designated for purposes of complying with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the lead ,federal agency designated for purposes of complying with that ,act shall serve as the lead ,federal agency for purposes of this subsection unless the applicable ,federal agencies jointly determine that another ,federal agency is better suited to carry out the responsibilities of the lead ,federal agency under this subsection4 7,c7 ,written request2 designation by ,secretary ,if the #a or more applicable ,federal agencies do not designate a lead ,federal agency under subparagraph 7,a7 by the date that is #ae days after the date on which the applicable ,federal agencies receive notice of a proposed undertaking-- 7i7 in the case of an undertaking initiated by an applicant1 the applicant may submit to the ,secretary a written request for the ,secretary to designate a lead ,federal agency2 or 7ii7 in the case of an undertaking initiated by the ,federal ,government1 the ,secretary shall designate a lead ,federal agency4 7,d7 ,failure to sign programmatic agreement ,the failure of the head of a ,federal agency that is not the lead ,federal agency to be a signatory to a programmatic agreement under this subsection shall not affect the conduct of the project1 activity1 or program subject to the programmatic agreement4 7#e7 ,timelines for consultation 7,a7 ,initiation ,if a project1 activity1 or program requires the preparation of an environmental document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 any consultation with respect to the project1 activity1 or program required for purposes of this subsection shall initiate not later than the date of initiation of the environmental review4 7,b7 ,completion 7i7 ,in general ,the consultation process initiated under subparagraph 7,a7 shall be completed not later than the date on which the applicable environmental document under section #ajg7;g7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7g77 is completed with respect to the undertaking1 unless the ,secretary approves an extension of the deadline due to extraordinary circumstances beyond the control1 and not due to any actions1 of the consulting parties4 7ii7 ,failure to complete by deadline ,if the consultation process initiated under subparagraph 7,a7 is not complete by the later of the deadline established under clause 7i7 or the date extended under that clause1 the consultation requirement for purposes of this subsection1 each ,state ,historic ,preservation ,officer1 ,tribal ,historic ,preservation ,officer1 and employee within ,senior ,executive ,service 7as defined in section #baja;a of title #e7 that has supervisory authority over personnel in a relevant agency that has a substantive role or responsibility in the consultation1 shall spend not less than #ej percent of the workweek1 as determined pursuant to title #e or other applicable law1 to remedy the failure4 7iii7 ,causes of action 7,i7 ,right to petition ,a project1 activity1 or program applicant may obtain judicial review of the compliance by a ,federal agency with the deadline established under clause 7i7 by filing a complaint with a court of competent jurisdiction in which a substantial part of the applicable proposed project1 activity1 or program is situated4 7,,ii7 ,remedy ,if a court of competent jurisdiction under this clause finds that a ,federal agency has failed to act in accordance with this subsection1 the court shall provide injunctive relief1 as appropriate1 to give effect to this subsection and retain jurisdiction to ensure compliance with any such relief4 7,,iii7 ,expedited procedures2 time to decide ,the reviewing court under this clause shall-- 7aa7 establish an expedited schedule for briefing and disposition2 and 7bb7 issue a decision as expeditiously as practicable4 7,c7 ,participation of ,state ,historic ,preservation ,officer or ,tribal ,historic ,preservation ,officer 7i7 ,in general ,if the ,state ,historic ,preservation ,officer1 ,tribal ,historic ,preservation ,officer1 ,indian tribe1 ,native ,hawaiian organization1 or local government fails to respond within #cj days of receipt of a request for review of any report or finding by the applicable ,federal official1 the applicable ,federal official shall proceed to the determination under paragraph 7#c77;,a74 7ii7 ,subsequent involvement ,if a ,state ,historic ,preservation ,officer1 ,tribal ,historic ,preservation ,officer1 ,indian tribe1 ,native ,hawaiian organization1 or local government that fails to respond by the deadline described in clause 7i7 re-enters the consultation process required for purposes of this subsection1 the applicable ,federal official-- 7,i7 shall not be required to reconsider any previous report or finding2 and 7,,ii7 may consult with the ,council in lieu of the ,state ,historic ,preservation ,officer1 ,tribal ,historic ,preservation ,officer1 ,indian tribe1 ,native ,hawaiian organization1 or local government4 7iii7 ,no substantive objections ,if the ,state ,historic ,preservation ,officer1 ,tribal ,historic ,preservation ,officer1 ,indian tribe1 ,native ,hawaiian organization1 local government1 or ,council1 as applicable1 has entered the consultation process required for purposes of this subsection1 but does not provide any substantive objections by the date that is #cj days after the date of receipt of a report or finding1 the applicable ,federal official shall proceed to the determination under paragraph 7#c77;,a74 7iv7 ,substantive objections ,if the ,state ,historic ,preservation ,officer1 ,tribal ,historic ,preservation ,officer1 ,indian tribe1 ,native ,hawaiian organization1 local government1 or ,council1 as applicable1 has entered the consultation process required for purposes of this subsection and provides substantive objections with respect to any of the matters included in the applicable report under items 7aa7 through 7ff7 of paragraph 7#b77;,d77iii77,,ii7 by the date that is #cj days after the date of receipt of the report1 not later than #cj days after the date of receipt of the objections1 the applicable ,federal official-- 7,i7 shall provide a response explaining how the ,federal agency has considered the substantive objections in the report2 and 7,,ii7 may provide a supplemental report4 7v7 ,fulfillment of consulting obligations ,on the provision of a response under clause 7iv77,i71 the obligation of the applicable ,federal official to consult for purposes of this subsection shall be considered to be fulfilled with respect to the report4 7vi7 ,agreement ,if a ,state ,historic ,preservation ,officer1 ,tribal ,historic ,preservation ,officer1 ,indian tribe1 ,native ,hawaiian organization1 or local government fails to respond to an agreement under this subparagraph1 the applicable ,federal official may enter into the agreement with the ,council in lieu of the ,state ,historic ,preservation ,officer1 ,tribal ,historic ,preservation ,officer1 ,indian tribe1 ,native ,hawaiian organization1 or local government4 7#f7 ,coordination with ,,nepa ,for any undertaking subject to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the applicable ,federal official may use the preparation of a draft environmental document that the ,federal agency prepares under that ,act to comply with the report required under paragraph 7#b77;,d77iii7 if the applicable ,federal official-- 7,a7 has notified each applicable ,state ,historic ,preservation ,officer or ,tribal ,historic ,preservation ,officer1 ,indian tribe1 ,native ,hawaiian organization1 local government1 and the ,council of the intent to use the environmental document for that purpose2 and 7,b7 determines that the draft environmental document includes each of the components required to be in the report under paragraph 7#b77;,d77iii74 7#g7 ,programmatic agreements 7,a7 ,by ,federal agency ,the head of any ,federal agency shall1 in consultation with the ,council1 develop and implement programmatic agreements to govern categories of undertakings that are-- 7i7 determined to normally have no adverse effects of the undertaking2 7ii7 similar and repetitive in nature2 or 7iii7 routine management activities undertaken at ,federal installations1 facilities1 or other land management units4 7,b7 ,by ,state and ,tribal ,historic ,preservation ,officers 7i7 ,in general ,a ,state ,historic ,preservation ,officer or a ,tribal ,historic ,preservation ,officer may develop and implement programmatic agreements within their applicable jurisdiction to govern categories of undertakings that are-- 7,i7 determined to normally have no adverse effects of the undertaking2 or 7,,ii7 similar and repetitive in nature4 7ii7 ,multiple programmatic agreements ,if a ,federal agency and a ,state ,historic ,preservation ,officer or ,tribal ,historic ,preservation ,officer each have programmatic agreements governing the same category of undertakings1 the programmatic agreement of the ,state ,historic ,preservation ,officer or ,tribal ,historic ,preservation ,officer shall be applied to the applicable category of undertakings4 7#h7 ,qualified historic preservation officers ,the ,secretary shall collaborate with ,tribal ,historic ,preservation ,officers1 tribal leaders1 and relevant nonprofit organizations to develop standard requirements for ,tribal ,historic ,preservation ,officers that reflects the traditional knowledge1 expertise1 and access to traditional cultural leaders required for a successful tribal historic preservation program4 7#i7 ,judicial review 7,a7 ,definition of agency action ,in this paragraph1 the term agency action has the meaning given the term in section #eea of title #e4 7,b7 ,role of the court ,in reviewing a claim of whether an undertaking complies with the requirements of this division1 a court-- 7i7 shall afford substantial deference to the agency2 and 7ii7 may not substitute the judgment of the court for the judgment of the agency4 7,c7 ,remedy 7i7 ,in general ,except as provided in clause 7ii7 and notwithstanding any other provision of law1 if a court determines that an agency action does not comply with the requirements of this division1 the only remedy the court may order is to remand1 without vacatur or issuance of an injunction1 the applicable agency action to the ,federal agency with-- 7,i7 specific instructions to correct errors or deficiencies found by the court2 and 7,,ii7 a reasonable schedule and deadline for the agency to act on remand1 which shall not exceed #ahj days after the date on which the order of the court was entered4 7ii7 ,preliminary injunctions 7,i7 ,in general ,notwithstanding clause 7i7 and subject to subclause 7,,ii71 a court may issue a preliminary injunction for the applicable agency action when-- 7aa7 there is a substantial likelihood the agency action violates a ,federal law 7other than this division or the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq4772 7bb7 necessary to prevent irreparable harm to the plaintiff2 7cc7 the balance of equities favors the plaintiff2 and 7dd7 a preliminary injunction is in the public interest4 7,,ii7 ,requirements ,the effective period of a preliminary injunction issued by a court under subclause 7,i7 shall be not longer than the time the court finds is reasonably necessary-- 7aa7 for the correction of the violation described in subclause 7,i77aa72 and 7bb7 to prevent the irreparable harm described in subclause 7,i77bb74 7,d7 ,limitations on claims 7i7 ,in general ,notwithstanding chapter #g of title #e1 a claim described in subparagraph 7,b7 shall be barred unless-- 7,i7 except in a case in which a shorter deadline is specified under ,federal law1 the claim is filed not later than #aej days after the later of-- 7aa7 the date on which the final agency action is made public2 and 7bb7 the applicable ,state ,historic ,preservation ,officer or ,tribal ,historic ,preservation ,officer is notified of the final agency action2 7,,ii7 the claim is filed by a party that has suffered or imminently will suffer direct harm from the agency action2 and 7,,iii7 in the case of an agency action for which there was a public comment period with respect to the agency action1 the claim-- 7aa7 is filed by a party that submitted a substantive and unique comment-- 7,,aa7 during the public comment period by the noticed comment deadline2 and 7,,bb7 that was sufficiently detailed to put the applicable ,federal agency on notice of the issue for which the party seeks review2 and 7bb7 concerns the same subject matter raised in the comment submitted during the public comment period4 7ii7 ,application ,the requirements of subclauses 7,,ii7 and 7,,iii7 of clause 7i7 shall not apply with respect to a claim in which a ,state ,historic ,preservation ,officer1 ,tribal ,historic ,preservation ,officer1 ,indian tribe1 ,native ,hawaiian organization1 or local government has provided detailed notice in writing during the consultation process that-- 7,i7 puts the applicable ,federal agency on notice of the agency action2 and 7,,ii7 sufficiently identifies any issues relating to that agency action for which the party seeks review under this paragraph4 7iii7 ,supplemental findings documents 7,i7 ,in general ,if an agency issues a supplemental findings document in response to a court order remanding an agency action1 the deadline described in clause 7i77,i7 shall be the date on which the agency makes public the supplemental findings document4 7,,ii7 ,limitation ,a claim for review of an agency action described in subparagraph 7,b7 shall be limited to information contained in the final supplemental findings document that was not contained in a previous findings document4 7,e7 ,procedural matters for claims 7i7 ,original jurisdiction ,except with respect to a claim brought under paragraph 7#e77;,b77iii71 the courts of appeals of the ,united ,states shall have original and exclusive jurisdiction over a claim for review of an agency action described in subparagraph 7,b74 7ii7 ,supplemental jurisdiction ,the courts of appeals of the ,united ,states shall have supplemental jurisdiction over other claims related to the validity of the final agency action at issue in the claim within the original jurisdiction of the court of appeals4 7iii7 ,random assignment of cases ,to the maximum extent practicable1 a court of appeals of the ,united ,states shall randomly assign judges appointed1 designated1 or assigned to sit as judges of the court to hear claims in a manner to avoid the appearance of favoritism or bias4 7iv7 ,deadline for resolution ,a court of appeals of the ,united ,states shall render a final judgment with respect to a claim for review of an agency action described in subparagraph 7,b7 as expeditiously as possible4 7#aj7 ,challenges to programmatic agreements 7,a7 ,in general ,a party that is not a signatory to a programmatic agreement entered into for purposes of this subsection may not bring a civil action to challenge the implementation of the programmatic agreement4 7,b7 ,judicial review ,no court shall have jurisdiction to hear or consider any action pertaining to the implementation of a programmatic agreement entered into for purposes of this subsection that is brought by a party described in subparagraph 7,a74 7d7 ,no post-,deadline requirement for reinitiation ,the identification of a property for1 nomination of a property to1 or listing of a property on the ,national ,register after the date on which the head of the ,federal agency initiates a review under this section shall not require the head of the ,federal agency to delay1 reopen1 supplement1 or otherwise modify the review or consultation process under this section4 4 7d7 ,conforming amendment ,section #cjfaad of title #ed1 ,united ,states ,code1 is amended by striking the second sentence4 #bcjb4 ,funding for the ,historic ,preservation ,fund2 use and availability2 grants for ,tribal ,historic ,preservation officers2 additional funding 7a7 ,funding for historic preservation fund ,section #cjcajb of title #ed1 ,united ,states ,code1 is amended to read as follows3 #cjcajb4 ,funding ,there is authorized to be appropriated for deposit in the ,historic ,preservation ,fund #bjj1jjj1jjj for each of fiscal years #bjbg through #bjcf4 4 7b7 ,use and availability ,section #cjcajc of title #ed1 ,united ,states ,code1 is amended to read as follows3 #cjcajc4 ,use and availability ,any amounts deposited in the ,historic ,preservation ,fund under section #cjcajb for fiscal year #bjbg and each fiscal year thereafter shall be made available for expenditure for fiscal year #bjbh and each fiscal year thereafter1 without further appropriation or fiscal year limitation1 to carry out this division 7including programs made available from the ,historic ,preservation ,fund74 4 7c7 ,grants for tribal historic preservation officers ,section #cjbgjc of title #ed1 ,united ,states ,code1 is amended-- 7#a7 by striking ,in consultation and inserting the following3 7a7 ,in general ,in consultation 2 and 7#b7 by adding at the end the following3 7b7 ,grant program for tribal historic preservation officers 7#a7 ,in general ,the ,secretary shall establish a competitive grant program under which the ,secretary shall award to ,tribal ,historic ,preservation ,officers grants to develop an online database to maintain-- 7,a7 all records relating to the assumption by the applicable ,indian tribe of the functions of the ,state ,historic ,preservation ,officer under section #cjbgjb1 including all determinations1 findings1 or agreements1 and all supporting documentation2 and 7,b7 a comprehensive list of properties of traditional religious or cultural importance 7as defined in section #cjbgjf7;a77#a77 to the ,indian tribe4 7#b7 ,coordination required ,tribal ,historic ,preservation ,officers shall coordinate with the heads of ,federal agencies and ,state ,historic ,preservation ,officers to establish a system in which the database developed under paragraph 7#a7 may be accessed by relevant ,federal officials and ,state ,historic ,preservation ,officers to conduct consultation under section #cjfajh4 7#c7 ,limitation ,nothing in this section requires a recipient of a grant under this subsection to disclose information to the public about the location1 character1 or ownership of a historic property or property of traditional cultural or religious importance if the disclosure of the information may-- 7,a7 cause significant harm or risk to the integrity of the property2 or 7,b7 in the case of a property of traditional cultural or religious importance1 impede the use of the property by practitioners4 7#d7 ,review ,not later than #ij days after the end of the fiscal year in which funds from a grant are provided to a ,tribal ,historic ,preservation ,officer under this subsection1 the applicable ,tribal ,historic ,preservation ,officer shall submit to the ,secretary a report that describes-- 7,a7 the use of the funds2 and 7,b7 the status of the development of the online database using the grant funds4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #bj1jjj1jjj for each of fiscal years #bjbg through #bjcj4 4