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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4795 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4795
To amend the Energy Act of 2020 to establish enforceable Federal
authorization timelines and expedited judicial remedies, to limit
Federal actions halting fully permitted projects, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2026
Mr. Cotton (for himself and Ms. Cortez Masto) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To amend the Energy Act of 2020 to establish enforceable Federal
authorization timelines and expedited judicial remedies, to limit
Federal actions halting fully permitted projects, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fighting for
Reliable Energy and Ending Doubt for Open Markets Act'' or the
``FREEDOM Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--AMENDMENT TO ENERGY ACT OF 2020
Sec. 101. Amendment to Energy Act of 2020.
TITLE II--MINING REGULATORY CLARITY
Sec. 201. Hardrock mining mill sites.
TITLE III--GEOTHERMAL ENERGY ADVANCEMENT
Sec. 301. Effect of pending civil actions on processing applications
relating to geothermal leasing.
Sec. 302. Cost recovery from geothermal leasing, permitting, and
inspections.
Sec. 303. Publication of Gold Book for geothermal operations on Federal
land.
Sec. 304. Geothermal Ombudsman and Permitting Task Force.
Sec. 305. Geothermal royalties.
Sec. 306. NEPA review.
SEC. 2. FINDINGS.
Congress finds that--
(1) energy projects face catastrophic financial losses when
Federal agencies revoke permits, fail to adhere to deadlines,
or take years to process routine applications for those
projects, even in cases in which project sponsors have invested
millions of dollars in reliance on Federal approvals;
(2) the regulatory uncertainty described in paragraph (1)--
(A) deters critical energy infrastructure
investment across all technologies; and
(B) undermines United States energy security and
economic competitiveness; and
(3) regulatory uncertainty and permitting delays increase
the cost of building energy and mineral infrastructure, which--
(A) raises the cost of living for families in the
United States; and
(B) increases power prices for homes and
businesses.
TITLE I--AMENDMENT TO ENERGY ACT OF 2020
SEC. 101. AMENDMENT TO ENERGY ACT OF 2020.
(a) In General.--The Energy Act of 2020 (division Z of the
Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat.
2418)) is amended by adding at the end the following:
``TITLE XII--FIGHTING FOR RELIABLE ENERGY AND ENDING DOUBT FOR OPEN
MARKETS
``SEC. 12001. DEFINITIONS.
``In this title:
``(1) Agency.--The term `agency' has the meaning given the
term in section 551 of title 5, United States Code.
``(2) Authorization.--The term `authorization' means--
``(A) any license, permit, approval, finding,
determination, or administrative decision issued by an
agency; and
``(B) any interagency consultation that is
authorized or required to be conducted under Federal
law--
``(i) between or among--
``(I) agencies; and
``(II) in the case of any State
that chooses to participate in the
environmental review of a covered
energy project, 1 or more State
agencies; and
``(ii) in order to site, construct,
reconstruct, or commence operation of a covered
energy project.
``(3) Complex authorization.--The term `complex
authorization' means an authorization identified as a complex
authorization by a lead agency under section 12101(d).
``(4) Covered energy project.--The term `covered energy
project' means any activity that--
``(A) requires an authorization from an agency;
``(B) is carried out--
``(i) in the United States; or
``(ii) on the outer Continental Shelf (as
defined in section 2 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1331)); and
``(C) involves the construction of infrastructure--
``(i) to develop, produce, generate, store,
transport, or distribute energy;
``(ii) to capture, remove, transport, or
store carbon dioxide; or
``(iii) to mine, extract, beneficiate, or
process minerals.
``(5) Environmental document.--
``(A) In general.--The term `environmental
document' means--
``(i) an environmental assessment;
``(ii) a finding of no significant impact;
``(iii) a notice of intent;
``(iv) an environmental impact statement;
and
``(v) a record of decision.
``(B) Inclusions.--The term `environmental
document' includes any document that is--
``(i) a supplement to a document described
in subparagraph (A); or
``(ii)(I) related to a document described
in subparagraph (A); and
``(II) prepared pursuant to a court order.
``(6) Environmental impact statement.--The term
`environmental impact statement' means a detailed, written
statement required under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
``(7) Environmental review.--The term `environmental
review' means any agency procedure or process for--
``(A) applying a categorical exclusion (within the
meaning of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) (including regulations
promulgated pursuant to that Act)); or
``(B) preparing an environmental document under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(8) Lead agency.--The term `lead agency', with respect to
a covered energy project, means the agency with principal
responsibility for environmental review of the covered energy
project under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) (including regulations promulgated
pursuant to that Act).
``(9) Project sponsor.--The term `project sponsor' means a
private, public, or public-private entity seeking an
authorization for a covered energy project.
``(10) Reviewing court.--The term `reviewing court' means
the court of competent jurisdiction in which a petition under
subtitle B is filed.
``(11) Routine authorization.--The term `routine
authorization' means any authorization that is not a complex
authorization.
``Subtitle A--Authorization Timelines
``SEC. 12101. NOTICES OF INITIATION; PROJECT SCHEDULES.
``(a) Notices of Initiation for Covered Energy Projects.--
``(1) In general.--A project sponsor shall submit a notice
of initiation for a covered energy project proposed to be
carried out by the project sponsor to the head of each agency
from which 1 or more authorizations are anticipated to be
required to carry out the covered energy project.
``(2) Contents.--A notice of initiation under this
subsection shall include--
``(A) a statement describing the purposes and
objectives of the proposed covered energy project;
``(B) a concise description of the proposed covered
energy project, including--
``(i) the general location of the proposed
covered energy project; and
``(ii) a summary of geospatial information,
if available, illustrating--
``(I) the proposed project area;
and
``(II) the locations of known
environmental, cultural, and historic
resources, if any; and
``(C) a statement identifying all Federal
financing, environmental reviews, and authorizations
anticipated to be required to carry out the proposed
covered energy project.
``(b) Determination of Completeness.--
``(1) In general.--Not later than 30 days after the date of
receipt of a notice of initiation under subsection (a), the
applicable lead agency shall determine whether the notice is
complete in accordance with paragraph (2).
``(2) Completeness.--A notice of initiation shall be
considered to be complete under paragraph (1) if the lead
agency determines that the notice meets the requirements
described in subsection (a)(2).
``(3) Statement.--
``(A) In general.--A lead agency, on making a
determination under paragraph (1) that--
``(i) a notice of initiation is complete,
shall provide to the project sponsor a
statement of the determination; or
``(ii) a notice of initiation is
incomplete, shall provide to the project
sponsor a deficiency statement identifying the
information required for the notice to be
considered complete.
``(B) Failure to act.--If a lead agency fails to
issue a statement under this paragraph by the
applicable deadline described in paragraph (1), the
applicable notice of initiation shall be deemed to be
complete.
``(4) Effect of deficiency.--
``(A) Response by project sponsor.--If a lead
agency issues a deficiency statement under paragraph
(3)(A)(ii), the project sponsor may--
``(i) submit to the lead agency a revised
notice containing the information identified in
the deficiency statement not later than 90 days
after the date on which the deficiency
statement is issued; or
``(ii) request an extension of time to
prepare such a revised notice.
``(B) Extension.--On receipt of a request for an
extension under subparagraph (A)(ii), a lead agency
shall grant the applicable project sponsor an extension
of the applicable deadline under subparagraph (A)(i)
for a period of not more than 90 days.
``(c) Project Schedule.--Not later than 30 days after the date on
which a notice of initiation for a proposed covered energy project is
determined or deemed to be complete under subsection (b), the
applicable lead agency shall publish a schedule for the covered energy
project that--
``(1)(A) lists each authorization known, or reasonably
anticipated, to be required for the covered energy project; and
``(B) identifies each such authorization as a routine
authorization or a complex authorization, in accordance with
subsection (d);
``(2) identifies each Federal, State, Tribal, and local
agency that has been designated as a cooperating agency for the
covered energy project in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if
applicable; and
``(3) establishes for the covered energy project--
``(A) interim milestones; and
``(B) final decision dates in accordance with
section 12102.
``(d) Identification of Authorizations.--
``(1) In general.--For each authorization required for a
covered energy project for which a schedule is published under
subsection (c), the lead agency shall identify the
authorization as--
``(A) a complex authorization if the authorization
is--
``(i) described in paragraph (2); or
``(ii) designated by the lead agency
pursuant to paragraph (3)(A); or
``(B) a routine authorization if the authorization
is not identified as a complex authorization under
subparagraph (A).
``(2) Description of complex authorizations.--A complex
authorization referred to in paragraph (1)(A)(i) is an
authorization that--
``(A) requires the issuance of an authorization or
certification of public convenience and necessity under
section 3(e) or 7(c) of the Natural Gas Act (15 U.S.C.
717b(e), 717f(c));
``(B) requires the issuance of a license or permit
under section 4(e) or 216 of the Federal Power Act (16
U.S.C. 797(e), 824p);
``(C) requires the issuance of a lease, easement,
right-of-way, or other authorization under section 5 or
8(p) of the Outer Continental Shelf Lands Act (43
U.S.C. 1334, 1337(p));
``(D) requires the preparation of an environmental
assessment or environmental impact statement;
``(E) requires formal consultation under section 7
of the Endangered Species Act of 1973 (16 U.S.C. 1536)
or results in the issuance of a biological opinion;
``(F) requires consultation under section 306108 of
title 54, United States Code, that the lead agency
anticipates will take longer than 90 days;
``(G) grants a new or expanded right-of-way,
easement, lease, or comparable real property interest
exceeding 20 acres of Federal property; or
``(H) requires an individual permit under section
404 of the Federal Water Pollution Control Act (33
U.S.C. 1344) or an individual water quality
certification under section 401 of that Act (33 U.S.C.
1341).
``(3) Designations by lead agency.--
``(A) In general.--A lead agency may designate an
authorization as a complex authorization based on a
written, reasoned determination of the lead agency that
identifies factors that--
``(i) are specific to the applicable
covered energy project; and
``(ii) are not described in subparagraphs
(A) through (H) of paragraph (2).
``(B) Judicial review.--The designation by a lead
agency of a complex authorization pursuant to
subparagraph (A) shall be subject to judicial review by
the applicable reviewing court under subtitle B.
``SEC. 12102. AUTHORIZATION DEADLINES.
``(a) Definition of Completed Notice Date.--In this section, the
term `completed notice date', with respect to a covered energy project,
means the date on which the notice of initiation under section 12101(a)
for the covered energy project is--
``(1) determined to be complete under section 12101(b)(1);
or
``(2) deemed to be complete under section 12101(b)(3)(B).
``(b) Deadlines.--Except as provided in subsections (c) and (d),
each agency that receives from a project sponsor a notice of initiation
under section 12101(a) for a covered energy project shall issue a final
decision regarding each authorization for the covered energy project
that is under the jurisdiction of the agency not later than--
``(1) the date that is 90 days after the completed notice
date of the covered energy project, if the authorization is a
routine authorization; and
``(2) the date that is 1 year after the completed notice
date of the covered energy project, if the authorization is a
complex authorization.
``(c) Extension for Environmental Impact Statements.--
Notwithstanding subsection (b), if the lead agency publishes a notice
of intent to prepare an environmental impact statement for a covered
energy project after the completed notice date of the covered energy
project, the deadline for completion of the environmental impact
statement, and for each final decision regarding an authorization for
the covered energy project that depends on completion of that
environmental impact statement, shall be the date that is 2 years after
the completed notice date.
``(d) Earlier Deadlines Under Other Federal Law.--If another
provision of Federal law requires an agency to issue a final decision
regarding an authorization by a date that is earlier than the
applicable deadline under subsection (b) or (c), the agency shall issue
the final decision not later than that earlier date.
``(e) Failure To Meet Deadline.--
``(1) In general.--Except as provided in paragraph (2), the
failure by an agency to adhere to a deadline under this section
or a milestone under section 12101(c)(3)(A) shall be--
``(A) considered to be an agency action unlawfully
withheld or unreasonably delayed under section 706(1)
of title 5, United States Code; and
``(B) subject to review by a reviewing court under
subtitle B.
``(2) Exceptions.--The failure by an agency to adhere to a
deadline under this section or a milestone under section
12101(c)(3)(A) shall not be considered to be an agency action
unlawfully withheld or unreasonably delayed under section
706(1) of title 5, United States Code, if--
``(A) the project sponsor and the agency agree to a
different deadline or milestone; or
``(B) a reviewing court determines that--
``(i) a natural disaster reasonably
impaired the ability of the agency to adhere to
the deadline or milestone; or
``(ii) a national emergency or
extraordinary circumstance exists for which the
only available remedy is to delay the deadline
or milestone.
``SEC. 12103. REVIEWING COURT-APPROVED CONTRACTORS.
``(a) Definition of Eligible Project.--In this section, the term
`eligible project' means a covered energy project with respect to which
a reviewing court has--
``(1) found that an agency has failed to adhere to a
deadline or milestone; and
``(2) issued an order described in section 12204(b)(2)(C).
``(b) Project Sponsor Request.--
``(1) In general.--On receipt of a request from the project
sponsor of an eligible project, a reviewing court may authorize
the project sponsor to retain a qualified contractor to
complete any necessary analysis or documentation, in accordance
with this subsection.
``(2) Inclusions.--A project sponsor request under
paragraph (1) shall include--
``(A) identifying information for the contractor
proposed to be hired by the project sponsor; and
``(B) the qualifications of that contractor,
including--
``(i) relevant professional credentials;
``(ii) prior experience with environmental
reviews; and
``(iii) disclosure of any potential
conflicts of interest that are material to the
work to be performed, including--
``(I) any financial interest in the
outcome of the applicable eligible
project;
``(II) any contingent or success-
based compensation arrangement;
``(III) any prior engagement with
the project sponsor;
``(IV) any equity ownership with a
10-percent or greater interest;
``(V) any contractual relationship,
during the 2-year period preceding the
date of the request, between the
contractor and an engineering,
procurement, or construction firm
acting as a prime contractor for the
eligible project; and
``(VI) any current engagement
relating to the eligible project.
``(3) Approval.--
``(A) In general.--Not later than 30 days after the
date of receipt of a request of a project sponsor under
this subsection, the reviewing court shall approve or
reject the proposed contractor that is the subject of
the request based on--
``(i) the demonstrated technical competence
of the contractor for the required analyses;
``(ii) the absence of disqualifying
conflicts of interest;
``(iii) the agreement of the contractor--
``(I) to operate under the
technical guidance of the applicable
agency;
``(II) to maintain independence in
professional judgment; and
``(III) to proceed under the
direction of the reviewing court if the
agency fails to provide technical
guidance or timely review by an
applicable deadline under subsection
(g); and
``(iv) a determination by the reviewing
court regarding whether the contractor meets
the qualifications described in subparagraph
(B).
``(B) Qualifications.--The qualifications referred
to in subparagraph (A)(iv), with respect to a
contractor, are that the contractor--
``(i) holds a recognized professional
license or certification applicable to the
work, or has demonstrably comparable expertise;
``(ii) has demonstrated experience
completing similar analyses for agencies during
the preceding 5-year period;
``(iii) is not debarred or suspended from
Federal contracting; and
``(iv) maintains professional liability
insurance of not less than $1,000,000.
``(C) Form of approval.--The approval of a
reviewing court under this paragraph may include any
conditions or limitations necessary to ensure
compliance with applicable law.
``(c) Standards and Obligations.--
``(1) In general.--A contractor approved by a reviewing
court under subsection (b) shall--
``(A) follow applicable laws (including
regulations) and technical standards relevant to the
analyses performed by the contractor;
``(B) certify under penalty of perjury that the
work product of the contractor--
``(i) is factually accurate, to the best of
the knowledge and belief of the contractor;
``(ii) was prepared using generally
accepted professional methods; and
``(iii) complies with applicable
professional standards and practices;
``(C) maintain professional independence from the
applicable project sponsor in all technical
determinations and analyses;
``(D) remain subject to applicable professional
liability and ethical standards; and
``(E) execute a sworn conflict of interest and
relationship disclosure, as described in subsection
(b)(2)(B)(iii), and maintain a log of material
communications with the project sponsor, which shall be
made available to the reviewing court and any
applicable agency on request.
``(2) Status of work product.--All work product of a
contractor approved under this section shall be--
``(A) deemed to be received by the applicable
agency on submission by the contractor; and
``(B) included in the administrative record
relating to each relevant authorization.
``(d) Payment.--
``(1) In general.--All reasonable costs of a contractor
approved by a reviewing court under this section, including the
costs of studies, modeling, and coordination, shall be paid--
``(A) by the relevant lead agency from amounts in
the Permitting Performance Fund established by section
12104(a); and
``(B) at rates not higher than comparable rates on
the Federal Supply Schedule of the General Services
Administration, or as otherwise determined to be
reasonable by the reviewing court.
``(2) Advances.--
``(A) In general.--A project sponsor may advance to
a contractor approved under this section payment for
any costs described in paragraph (1).
``(B) Reimbursement.--The relevant lead agency
shall reimburse a project sponsor that makes an advance
payment under subparagraph (A) not later than 30 days
after the date on which the project sponsor submits to
the lead agency an invoice relating to the advance
payment.
``(e) Scope of Work.--A contractor approved by a reviewing court
under this section shall prepare only the documentation necessary to
complete the relevant administrative record.
``(f) Production of Government Information.--
``(1) In general.--On a motion of the project sponsor or a
contractor approved by a reviewing court under this section,
the reviewing court may order any agency, or any State or local
agency, identified as a cooperating agency in the project
schedule under section 12101(c)(2), to produce, by a date
certain, any document, data, or expert input necessary to
complete the relevant administrative record.
``(2) No tolling.--A failure by an agency to produce a
document, data, or input by the applicable date under paragraph
(1) shall not toll any deadline under this title.
``(g) Deadlines for Contractor Work.--A reviewing court shall
establish deadlines for deliverables of a contractor approved by the
reviewing court under this section, subject to the condition that such
a deadline shall not exceed--
``(1) 120 days for a complex authorization not requiring an
environmental impact statement; and
``(2) 240 days for a complex authorization requiring an
environmental impact statement.
``(h) Agency Decisions on Contractor-Prepared Record.--
``(1) Agency action.--Not later than 30 days after the date
on which a contractor approved by a reviewing court under this
section submits to an applicable agency the completed
documentation prepared by the contractor, the agency shall--
``(A) independently evaluate the documentation,
take responsibility for the contents, and issue a final
decision regarding the applicable authorization, based
on the documentation; or
``(B) identify, including a citation to the
applicable law or regulation, any specific legal
deficiency in the documentation that requires
correction, subject to paragraph (2)(C).
``(2) Deficiencies.--
``(A) In general.--If an agency identifies a
deficiency under paragraph (1)(B), the affected
contractor shall correct the deficiency not later than
90 days after the date on which the identification
occurs.
``(B) Action by agency.--Not later than 14 days
after the date of receipt of corrected documentation
under subparagraph (A), an agency shall issue a final
decision regarding the applicable authorization.
``(C) Single identification.--An agency may
identify deficiencies under paragraph (1)(B) on only 1
occasion, unless the applicable reviewing court
approves another identification for good cause based on
a legal requirement that was not in effect at the time
of the initial identification of deficiencies.
``(3) Limitation.--An agency may not reject any
documentation prepared by a contractor approved by a reviewing
court under this section based on a policy disagreement or any
other discretionary factor if the documentation satisfies all
applicable legal requirements.
``SEC. 12104. PERMITTING PERFORMANCE FUND.
``(a) Establishment.--There is established in the Treasury a fund,
to be known as the `Permitting Performance Fund' (referred to in this
section as the `Fund'), consisting of such amounts as are appropriated
to the Fund pursuant to subsection (c).
``(b) Use of Funds.--Amounts in the Fund shall be available,
without further appropriation, to pay the costs of any contractor
approved by a reviewing court under section 12103(b).
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund--
``(1) $50,000,000 for the initial capitalization of the
Fund; and
``(2) thereafter, such sums as are necessary to carry out
this section.
``SEC. 12105. EFFECTIVE DATE.
``(a) In General.--This subtitle shall apply to any notice of
initiation submitted under section 12101(a) for a covered energy
project on or after the date that is 90 days after the date of
enactment of this title.
``(b) Pending Projects.--For a covered energy project the notice of
initiation for which is pending on the effective date described in
subsection (a)--
``(1) this subtitle shall apply beginning on the date that
is 120 days after the date of enactment of this title; and
``(2) as applicable, the completed notice date (as defined
in section 12102(a)) shall be deemed to be the date that is 120
days after that date of enactment.
``Subtitle B--Judicial Review
``SEC. 12201. CAUSES OF ACTION.
``(a) In General.--Subject to subsection (b), a project sponsor of
a covered energy project may file a petition in accordance with section
12202 for judicial review of--
``(1) a final agency action relating to the covered energy
project;
``(2) an alleged failure by an agency--
``(A) to act on the covered energy project,
including through unlawful withholding or unreasonable
delay; or
``(B) to adhere to--
``(i) a milestone established for the
covered energy project under section
12101(c)(3)(A); or
``(ii) a deadline applicable to the covered
energy project under section 12102; or
``(3) an order, directive, suspension, revocation, or other
action described in section 12301(b) of an agency relating to
the covered energy project.
``(b) Single Petition Rule.--
``(1) In general.--A project sponsor may file only 1
petition under this subtitle with respect to any single cause
of action described in subsection (a).
``(2) Multiple grounds.--A project sponsor may file a
single petition under this subtitle seeking multiple grounds
for relief.
``(c) Relief Sought.--A petition under this subtitle may seek 1 or
more of the following:
``(1) Review of an order, directive, or action described in
section 12301(b).
``(2) A court order compelling agency action or other
relief for an unreasonable delay in the authorization process,
in accordance with this title.
``(3) Review of the designation of an authorization as a
complex authorization pursuant to section 12101(d)(3).
``(d) Intervention.--
``(1) In general.--Any person that would have standing
under article III of the Constitution of the United States to
challenge or defend the applicable agency action may move to
intervene in a cause of action under this subtitle.
``(2) Ruling.--The reviewing court shall rule expeditiously
on any motion to intervene under paragraph (1).
``(e) Savings Clause.--Nothing in this title waives, limits,
constitutes an election of remedies against, or establishes an
exclusive statutory remedy that precludes, any claim by a project
sponsor or other entity for just compensation under the Fifth Amendment
to the Constitution of the United States.
``SEC. 12202. PETITION REQUIREMENTS.
``(a) Contents.--
``(1) Requirements.--A petition under this subtitle shall
contain an affidavit, together with supporting documentation
described in paragraph (2), demonstrating the grounds for the
petition as follows:
``(A) Actions relating to fully permitted
projects.--A petition alleging that an agency violated
section 12301 with respect to a covered energy project
shall demonstrate that--
``(i) the agency issued an order or
directive, revoked a permit or authorization,
or carried out any other action to halt, delay,
or otherwise cancel a previously authorized
activity in violation of section 12301; and
``(ii) the project sponsor has suffered or
will suffer harm as a direct result of the
action described in clause (i).
``(B) Unreasonable delays.--A petition alleging
unreasonable delay by an agency with respect to a
covered energy project shall demonstrate that--
``(i) the petitioner is a project sponsor
that has submitted a notice of initiation under
section 12101(a) for the covered energy
project;
``(ii) the notice was, on such date as the
project sponsor shall specify--
``(I) determined to be complete
under section 12101(b)(1); or
``(II) deemed to be complete under
section 12101(b)(3)(B);
``(iii) the applicable deadline for a final
decision relating to an authorization for the
covered energy project under section 12102 has
lapsed without the agency issuing the final
decision; and
``(iv) the petitioner has suffered or will
suffer harm as a result of the lapse described
in clause (iii).
``(C) Designations as complex.--A petition seeking
review of the designation of an authorization as a
complex authorization shall demonstrate that the
written, reasoned determination by the applicable lead
agency fails to identify project-specific factors that
justify the designation, in accordance with section
12101(d)(3).
``(2) Documents and other information.--
``(A) In general.--A petition under this subtitle
shall include, as applicable to each claim asserted in
the petition--
``(i) all relevant agency correspondence
(including any application for an
authorization), deficiency notices, and
determinations relating to a notice of
initiation or project schedule for the
applicable covered energy project, if any;
``(ii) a copy of each final agency action,
authorization, record of decision,
environmental document, or order that is the
subject of the petition; and
``(iii) identification, to the maximum
extent practicable, of any records similar to
the records described in this subparagraph that
are unavailable to the petitioner and the
reasons for the unavailability.
``(B) Additional information.--A petition for
judicial review under this subtitle may include other
available relevant documents, such as expert reports,
economic analyses, or affidavits from personnel,
relating to--
``(i) the applicable covered energy
project;
``(ii) action or inaction by an applicable
agency; or
``(iii) harm suffered by the petitioner.
``(b) Naming of Respondents.--
``(1) In general.--In a petition under this subtitle
challenging the schedule for a covered energy project under
section 12101(c), or the designation of an authorization as a
complex authorization under section 12101(d)(3), the head of
the applicable lead agency shall be named as the respondent.
``(2) Other causes of action.--In a petition under this
subtitle relating to a cause of action not described in
paragraph (1), the head of the agency that carried out the
applicable final agency action, issued the applicable order or
directive, or is alleged to have unlawfully withheld or
unreasonably delayed action shall be named as the respondent.
``(c) Filing Dates.--
``(1) Final agency actions.--A petition under this subtitle
for a cause of action described in section 12201(a)(1) shall be
filed not later than 60 days after the date on which the
applicable agency action becomes final.
``(2) Failures to act.--A petition under this subtitle for
a cause of action described in section 12201(a)(2) may be filed
beginning on the date that is 30 days after the date of the
applicable missed deadline or milestone.
``(3) Actions relating to fully permitted projects.--A
petition under this subtitle for a cause of action described in
section 12201(a)(3) shall be filed not later than 30 days after
the date on which the applicable order, directive, suspension,
revocation, or other action of an agency is issued or carried
out.
``(d) Service.--The petitioner shall serve a petition under this
subtitle on--
``(1) the Attorney General of the United States;
``(2) the head of the lead agency with respect to the
covered energy project that is the subject of the petition; and
``(3) each cooperating agency identified under section
12101(c)(2) in the project schedule for the covered energy
project that is the subject of the petition.
``SEC. 12203. REVIEW BY REVIEWING COURTS.
``(a) Standard of Review.--
``(1) In general.--A reviewing court shall conduct the
review of, and reach a decision regarding, a petition under
this subtitle in accordance with chapter 7 of title 5, United
States Code.
``(2) Administrative record.--
``(A) In general.--Judicial review of a petition
under this subtitle shall be based on an administrative
record compiled and certified by the head of the agency
named in the petition as the respondent under section
12202(b).
``(B) Multiple respondents.--If multiple agency
heads are named in a petition as respondents under
section 12202(b)--
``(i) each agency head shall compile and
certify the portions of the record within the
custody of that agency; and
``(ii) the lead agency, or such other
agency as the reviewing court may require,
shall assemble a consolidated record.
``(C) Failures to act.--The administrative record
relating to a petition under this subtitle for a cause
of action described in section 12201(a)(2) shall
include, as applicable--
``(i) the notice of initiation submitted
under section 12101(a);
``(ii) any completeness or deficiency
designation of that notice under section
12101(b);
``(iii) the project schedule published
under section 12101(c); and
``(iv) any other materials the reviewing
court determines to be necessary to resolve the
petition.
``(b) Representation of Respondents.--A respondent named under
section 12202(b) shall be represented in accordance with section 518(a)
of title 28, United States Code.
``(c) Additional Submissions.--In addition to the documents and
information required under section 12202(a)(2), a petitioner shall
submit to the reviewing court, in accordance with a schedule
established by the reviewing court, such other records and documents as
are reasonable and necessary for determination of the appropriate
remedy.
``(d) Discovery and Record Development.--
``(1) In general.--There shall be no discovery in a
proceeding relating to a petition under this subtitle other
than such discovery as may be ordered by the reviewing court,
as the reviewing court determines to be reasonable and
necessary to determine the appropriate remedy.
``(2) Information, testimony, and documents.--The reviewing
court may require the submission of such information, the
testimony of such persons, and the production of such documents
as the reviewing court determines to be reasonable and
necessary for purposes of this subsection.
``SEC. 12204. EXPEDITED PROCEDURE; RELIEF; APPEALS.
``(a) Expedited Procedure.--A reviewing court shall--
``(1) establish an expedited schedule for briefing and
disposition relating to a petition under this subtitle; and
``(2) absent extraordinary circumstances, issue a decision
with respect to a petition under this subtitle as expeditiously
as practicable.
``(b) Available Relief.--
``(1) In general.--On a finding by a reviewing court that a
petitioner is entitled to relief under this subtitle, the
reviewing court shall grant such legal, equitable, and
administrative relief as the reviewing court determines to be
appropriate to effectuate the purposes of this title in
accordance with paragraph (2).
``(2) Actions by reviewing court.--A reviewing court that
makes a finding described in paragraph (1) shall, as
applicable--
``(A) hold unlawful and set aside any final agency
action found to be arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law;
``(B) remand each applicable matter to the
appropriate agency for further action in accordance
with the direction of the reviewing court, together
with a schedule and deadline for completion of those
actions, which deadline shall not exceed--
``(i) 180 days after the date on which the
judgment is issued; or
``(ii) such longer period to which the
project sponsor may agree; and
``(C) in any case involving unlawful withholding or
unreasonable delay, issue an order that--
``(i) compels the appropriate agency to
act;
``(ii) specifies the date by which each
discrete action of the agency shall be
completed in order to finalize the agency
review and issue a final agency decision; and
``(iii) retains the jurisdiction of the
reviewing court to ensure compliance with the
order.
``(c) Appeals.--Any party aggrieved by a final judgment of a
reviewing court under this subtitle, other than a judgment of a United
States court of appeals, may obtain review in the United States court
of appeals of competent jurisdiction under chapter 83 of title 28,
United States Code, subject to the condition that a notice of appeal
shall be filed not later than 60 days after the date of entry of the
judgment.
``Subtitle C--Fully Permitted Projects
``SEC. 12301. TREATMENT OF FULLY PERMITTED PROJECTS.
``(a) Definition of Fully Permitted Project.--In this section, the
term `fully permitted project' means a covered energy project that has
received a substantial majority of the authorizations required for the
covered energy project.
``(b) Prohibition.--No agency or Federal official shall issue any
order or directive terminating the construction or operation of a fully
permitted project, revoke any permit or authorization for a fully
permitted project, or take any other action to halt, suspend, delay, or
terminate an authorized activity carried out to support a fully
permitted project unless--
``(1) there exists--
``(A) a clear, immediate, and substantiated harm
for which the Federal order, directive, or action is
required to prevent, mitigate, or repair; and
``(B) no other viable alternative that would allow
a previously authorized activity, such as construction,
to continue; or
``(2)(A) an applicable authorization is illegal under
applicable Federal law; and
``(B) the Federal order, directive, or action is the only
available remedy to address that illegality.
``(c) Limitation on Petitions.--
``(1) In general.--No agency may petition a court for
voluntary remand of an authorization for a fully permitted
project that has received a record of decision unless the
project sponsor consents to the petition.
``(2) In-camera review.--As necessary, a court may review a
petition submitted under this subsection in camera.
``(d) Effective Date.--This section shall apply to any order,
directive, suspension, revocation, or other agency action described in
subsection (b) that is issued or carried out on or after the date of
enactment of this title.''.
(b) Clerical Amendment.--The table of contents contained in section
101(b) of the Energy Act of 2020 (Public Law 116-260; 134 Stat. 2418)
is amended by adding at the end the following:
``TITLE XII--FIGHTING FOR RELIABLE ENERGY AND ENDING DOUBT FOR OPEN
MARKETS
``Sec. 12001. Definitions.
``Subtitle A--Authorization Timelines
``Sec. 12101. Notices of initiation; project schedules.
``Sec. 12102. Authorization deadlines.
``Sec. 12103. Reviewing court-approved contractors.
``Sec. 12104. Permitting Performance Fund.
``Sec. 12105. Effective date.
``Subtitle B--Judicial Review
``Sec. 12201. Causes of action.
``Sec. 12202. Petition requirements.
``Sec. 12203. Review by reviewing courts.
``Sec. 12204. Expedited procedure; relief; appeals.
``Subtitle C--Fully Permitted Projects
``Sec. 12301. Treatment of fully permitted projects.''.
TITLE II--MINING REGULATORY CLARITY
SEC. 201. HARDROCK MINING MILL SITES.
(a) Multiple Mill Sites.--Section 2337 of the Revised Statutes (30
U.S.C. 42) is amended by adding at the end the following:
``(c) Additional Mill Sites.--
``(1) Definitions.--In this subsection:
``(A) 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 on, or
production from, land included in a plan of operations.
``(B) Operations; operator.--The terms `operations'
and `operator' have the meanings given those terms in
section 3809.5 of title 43, Code of Federal Regulations
(as in effect on the date of enactment of this
subsection).
``(C) Plan of operations.--The term `plan of
operations' means a plan of operations that an operator
is required to submit, and the Secretary of the
Interior or the Secretary of Agriculture, as
applicable, is required to approve, before the operator
may begin operations, in accordance with, as
applicable--
``(i) subpart 3809 of title 43, Code of
Federal Regulations (or successor regulations
establishing application and approval
requirements); and
``(ii) part 228 of title 36, Code of
Federal Regulations (or successor regulations
establishing application and approval
requirements).
``(D) Public land.--The term `public land' means
land owned by the United States that is open to
location under sections 2319 through 2344 of the
Revised Statutes (30 U.S.C. 22 et seq.), including--
``(i) land that is mineral-in-character (as
defined in section 3830.5 of title 43, Code of
Federal Regulations (as in effect on the date
of enactment of this subsection));
``(ii) nonmineral land (as defined in
section 3830.5 of title 43, Code of Federal
Regulations (as in effect on the date of
enactment of this subsection)); and
``(iii) land the mineral character of which
has not been determined.
``(2) Authorization.--Notwithstanding subsections (a) and
(b), if public land is needed by the proprietor of a lode or
placer claim for operations in connection with any lode or
placer claim within the proposed plan of operations, the
proprietor may--
``(A) locate and include within the plan of
operations as many mill site claims under this
subsection as are reasonably necessary for its
operations; and
``(B) use or occupy public land in accordance with
an approved plan of operations.
``(3) Mill sites convey no mineral rights.--A mill site
under this subsection does not convey mineral rights to the
locator.
``(4) Size of mill sites.--A location of a single mill site
under this subsection shall not exceed 5 acres.
``(5) 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 claim.
``(6) Effect on mining claims.--The location of a mill site
under this subsection shall not affect the validity of any lode
or placer claim, or any rights associated with such a claim.
``(7) Patenting.--A mill site under this section shall not
be eligible for patenting.
``(8) Savings provisions.--Nothing in this subsection--
``(A) diminishes any right (including a right of
entry, use, or occupancy) of a claimant;
``(B) creates or increases any right (including a
right of exploration, entry, use, or occupancy) of a
claimant on land that is not open to location under the
general mining laws;
``(C) modifies any provision of law or any prior
administrative action withdrawing land from location or
entry;
``(D) limits the right of the Federal Government to
regulate mining and mining-related activities
(including requiring claim validity examinations to
establish the discovery of a valuable mineral deposit)
in areas withdrawn from mining, including under--
``(i) the general mining laws;
``(ii) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et
seq.);
``(iii) the Wilderness Act (16 U.S.C. 1131
et seq.);
``(iv) sections 100731 through 100737 of
title 54, United States Code;
``(v) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
``(vi) division A of subtitle III of title
54, United States Code (commonly referred to as
the `National Historic Preservation Act'); or
``(vii) section 4 of the Act of July 23,
1955 (commonly known as the `Surface Resources
Act of 1955') (69 Stat. 368, chapter 375; 30
U.S.C. 612);
``(E) restores any right (including a right of
entry, use, or occupancy, or right to conduct
operations) of a claimant that--
``(i) existed prior to the date on which
the land was closed to, or withdrawn from,
location under the general mining laws; and
``(ii) has been extinguished by such
closure or withdrawal; or
``(F) modifies section 404 of division E of the
Consolidated Appropriations Act, 2024 (Public Law 118-
42; 138 Stat. 284).''.
(b) Abandoned Hardrock Mine Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a separate account, to be known as the
``Abandoned Hardrock Mine Fund'' (referred to in this
subsection as the ``Fund'').
(2) Source of deposits.--Any amounts collected by the
Secretary of the Interior pursuant to the claim maintenance fee
under section 10101(a)(1) of the Omnibus Budget Reconciliation
Act of 1993 (30 U.S.C. 28f(a)(1)) on mill sites located under
subsection (c) of section 2337 of the Revised Statutes (30
U.S.C. 42) shall be deposited into the Fund.
(3) Use.--The Secretary of the Interior may make
expenditures from amounts available in the Fund, without
further appropriation, only to carry out section 40704 of the
Infrastructure Investment and Jobs Act (30 U.S.C. 1245).
(4) Allocation of funds.--Amounts made available under
paragraph (3)--
(A) shall be allocated in accordance with section
40704(e)(1) of the Infrastructure Investment and Jobs
Act (30 U.S.C. 1245(e)(1)); and
(B) may be transferred in accordance with section
40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)).
(c) Clerical Amendments.--Section 10101 of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f) is amended--
(1) by striking ``the Mining Law of 1872 (30 U.S.C. 28-
28e)'' each place it appears and inserting ``sections 2319
through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.)'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the second sentence, by striking
``Such claim maintenance fee'' and inserting
the following:
``(B) Fee.--The claim maintenance fee under
subparagraph (A)''; and
(ii) in the first sentence, by striking
``The holder of'' and inserting the following:
``(A) In general.--The holder of''; and
(B) in paragraph (2)--
(i) in the second sentence--
(I) by striking ``the Mining Law of
1872 (30 U.S.C. 28 to 28e)'' and
inserting ``sections 2319 through 2344
of the Revised Statutes (30 U.S.C. 22
et seq.)''; and
(II) by striking ``Such claim
maintenance fee'' and inserting the
following:
``(B) Fee.--The claim maintenance fee under
subparagraph (A)''; and
(ii) in the first sentence, by striking
``The holder of'' and inserting the following:
``(A) In general.--The holder of''; and
(3) in subsection (b)--
(A) in the second sentence, by striking ``The
location fee'' and inserting the following:
``(2) Fee.--The location fee''; and
(B) in the first sentence, by striking ``The claim
main tenance fee'' and inserting the following:
``(1) In general.--The claim maintenance fee''.
TITLE III--GEOTHERMAL ENERGY ADVANCEMENT
SEC. 301. EFFECT OF PENDING CIVIL ACTIONS ON PROCESSING APPLICATIONS
RELATING TO GEOTHERMAL LEASING.
Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is
amended by adding at the end the following:
``(h) Effect of Pending Civil Actions on Processing Applications
Relating to Geothermal Leasing.--
``(1) Definition of authorization.--In this subsection, the
term `authorization' means any license, permit, approval,
finding, determination, or other administrative decision issued
by a Federal agency, or any interagency consultation, that is
required or authorized under Federal law (including
regulations) in order to site, construct, reconstruct, or
commence operation of a geothermal project administered by a
Federal agency.
``(2) Requirement to process applications.--Notwithstanding
any pending civil action that affects an application for a
geothermal drilling permit, sundry notice, notice to proceed,
right-of-way, or any other authorization under a valid existing
geothermal lease, the Secretary shall, unless a Federal court
vacates or provides injunctive relief for the applicable
geothermal lease, geothermal drilling permit, sundry notice,
notice to proceed, right-of-way, or other authorization,
approve and issue, or deny, each such application not later
than 60 days after completing all requirements under applicable
Federal laws (including regulations), including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and
division A of subtitle III of title 54, United States Code.
``(3) 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 lease,
geothermal drilling permit, sundry notice, notice to proceed,
right-of-way, or other authorization.''.
SEC. 302. COST RECOVERY FROM GEOTHERMAL LEASING, PERMITTING, AND
INSPECTIONS.
(a) In General.--Section 6 of the Geothermal Steam Act of 1970 (30
U.S.C. 1005) is amended by adding at the end the following:
``(j) Cost Recovery.--
``(1) In general.--During the period beginning on the date
of enactment of the FREEDOM Act and ending on September 30,
2033, the Secretary may require an applicant for, or holder of,
a geothermal lease to reimburse the United States for all
reasonable administrative and other costs incurred by the
United States from--
``(A) processing the application for the geothermal
lease, including any application for an operations
plan, geothermal drilling permit, utilization plan,
site license, facility construction permit, commercial
use permit, and any other approval associated with a
geothermal lease; and
``(B) inspecting and monitoring--
``(i) geophysical exploration activities;
``(ii) the drilling, plugging, or
abandonment of wells; and
``(iii) the construction, operation,
termination, or reclamation of any well site or
facility for the utilization of geothermal
resources pursuant to the geothermal lease.
``(2) Factor for consideration.--In determining whether to
require reimbursement under paragraph (1), the Secretary shall
take into consideration whether there is in effect a
cooperative cost-share agreement between the United States and
the holder of a geothermal lease.
``(3) Adjustments.--The Secretary may reduce the amount
required to be reimbursed under paragraph (1) if the Secretary
determines that--
``(A) full reimbursement would impose on the
applicant an economic hardship; or
``(B) a less-than-full reimbursement is necessary
to promote the greatest use of geothermal resources.
``(4) Use.--The amounts reimbursed under this subsection
shall be--
``(A) credited to the currently applicable
appropriation, account, or fund of the Department of
the Interior as discretionary offsetting collections;
and
``(B) available only to the extent provided in
advance in appropriations Acts for--
``(i) processing applications for
geothermal leases, including any applications
for operations plans, geothermal drilling
permits, utilization plans, site licenses,
facility construction permits, commercial use
permits, and any other approval associated with
geothermal leases; and
``(ii) inspecting and monitoring--
``(I) geophysical exploration
activities;
``(II) the drilling, plugging, or
abandonment of wells; and
``(III) the construction,
operation, termination, or reclamation
of any well site or facility for the
utilization of geothermal resources
pursuant to geothermal leases.''.
(b) Report.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Secretary of the Interior, in
consultation with representatives of the geothermal industry
and other stakeholders, shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives, and make
publicly available on the website of the Department of the
Interior, a report that includes--
(A) an assessment of how the amendment made by
subsection (a) affected the geothermal program of the
Bureau of Land Management during the preceding 5 years;
(B) any recommendations for reauthorization of
subsection (j) of section 6 of the Geothermal Steam Act
of 1970 (30 U.S.C. 1005) (as added by subsection (a));
and
(C) any other recommendations for updates to--
(i) subsection (j) of section 6 of the
Geothermal Steam Act of 1970 (30 U.S.C. 1005)
(as so added); or
(ii) the geothermal program of the Bureau
of Land Management.
(2) Information.--In developing the report under paragraph
(1), the Secretary of the Interior shall solicit information
from representatives of the geothermal industry and other
stakeholders.
SEC. 303. PUBLICATION OF GOLD BOOK FOR GEOTHERMAL OPERATIONS ON FEDERAL
LAND.
(a) Identification.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Interior, in consultation
with other relevant Federal agencies, 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
Development'', commonly known as the ``Gold Book'', and most recently
revised in 2007.
(b) Publication.--
(1) In general.--Not later than 270 days after identifying
standard procedures and guidelines under subsection (a), the
Secretary of the Interior shall publish an updated version of
the Gold Book, incorporating any changes necessary to support
efficient and environmentally responsible geothermal leasing
and permitting, for use by the field offices of the Bureau of
Land Management and geothermal operators.
(2) 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 development.
(c) Consultation.--Before publishing an updated version of the Gold
Book under subsection (b)(1), the Secretary of the Interior shall
consult with--
(1) other relevant Federal agencies, including field
offices of the Bureau of Land Management; and
(2) outside stakeholders, including developers and other
experts.
(d) Periodic Revision.--The Secretary of the Interior shall--
(1) not less frequently than once every 5 years, review the
most recent version of the Gold Book (or a successor to that
book); and
(2) as the Secretary of the Interior determines to be
necessary to support efficient and environmentally responsible
geothermal leasing and permitting, publish an updated version
of the Gold Book (or a successor).
(e) Inclusions.--Each updated version of the Gold Book (or a
successor to that book) shall include standard procedures and
guidelines for ensuring the efficient review and approval of
environmentally responsible geothermal development, including--
(1) exploration and geophysical operations;
(2) permitting lease operations;
(3) compliance with all applicable laws (including
regulations);
(4) construction and maintenance; and
(5) drilling, production, and utilization operations.
SEC. 304. GEOTHERMAL OMBUDSMAN AND PERMITTING TASK FORCE.
(a) Definitions.--In this section:
(1) Bureau.--The term ``Bureau'' means the Bureau of Land
Management.
(2) Geothermal authorization.--The term ``geothermal
authorization'' means any license, permit, approval, finding,
determination, or other administrative decision issued by the
Bureau (including any interagency consultation) that is
required or authorized under Federal law in order to site,
construct, reconstruct, or commence operation of a project
that--
(A) is located in whole or in part on land subject
to geothermal leasing under section 3 of the Geothermal
Steam Act of 1970 (30 U.S.C. 1002); and
(B) uses geothermal energy to generate heat or
electricity.
(3) Geothermal ombudsman.--The term ``Geothermal
Ombudsman'' means the Geothermal Ombudsman appointed under
subsection (b)(1).
(4) Task force.--The term ``Task Force'' means the
Geothermal Permitting Task Force established under subsection
(c)(1).
(b) Geothermal Ombudsman.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the Interior shall
appoint from within the Bureau an individual to serve as
Geothermal Ombudsman.
(2) Duties.--The Geothermal Ombudsman shall--
(A) act as a liaison between--
(i) the individual field, district, and
State offices of the Bureau;
(ii) the Division Chief of the National
Renewable Energy Coordination Office of the
Bureau; and
(iii) the Director of the Bureau;
(B) provide dispute resolution services for
disputes between the individual field, district, and
State offices of the Bureau and applicants for
geothermal authorizations;
(C) monitor and facilitate permit processing
practices and timelines across individual field offices
of the Bureau;
(D) develop best practices for the permitting and
leasing process for geothermal resources; and
(E) coordinate with the Federal Permitting
Improvement Steering Council.
(c) Geothermal Permitting Task Force.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary of the Interior shall
establish within the Bureau a task force, to be known as the
``Geothermal Permitting Task Force''.
(2) Leadership.--The Task Force shall be headed by the
Geothermal Ombudsman.
(3) Permitting support.--The Task Force shall support the
duties of the Geothermal Ombudsman under subsection (b).
(4) Cross-office personnel assignments.--
(A) In general.--The Geothermal Ombudsman, acting
as head of the Task Force, 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
field, district, or State offices other than the
official duty stations at which such personnel are
located if--
(i) the applicable bureau or office
determines that such an assignment will not
materially delay ongoing completion of
geothermal authorizations within the applicable
official duty station; and
(ii) approval is received from the head of
that official duty station.
(B) Assigned personnel requirements.--An employee
assigned to assist with the completion of geothermal
authorizations pursuant to subparagraph (A) shall--
(i) work in-person full-time at an official
office of the Department of the Interior;
(ii) as the Geothermal Ombudsman determines
to be necessary, travel to the Bureau field,
district, or State office with jurisdiction
over the geothermal authorizations to which the
employee has been assigned;
(iii) participate as part of the team of
personnel working on geothermal authorizations
to which the employee has been assigned; and
(iv) regularly report to the head of the
Bureau field, district, or State office with
jurisdiction over the geothermal authorizations
to which the employee has been assigned.
(C) Retention allowances.--
(i) In general.--Subject to the
availability of appropriations, the Geothermal
Ombudsman may pay a retention allowance to an
employee assigned to assist with the completion
of geothermal authorizations under subparagraph
(A).
(ii) Requirements.--A retention allowance
under clause (i)--
(I) shall be stated as the
percentage of the rate of basic pay of
the applicable employee, subject to the
condition that such an allowance may
not exceed 25 percent of that rate of
basic pay;
(II) may not be considered to be
part of the basic pay of the employee;
(III) may not be appealed on
reduction or elimination; and
(IV) shall be paid at the same time
and in the same manner as the basic pay
of the employee is paid.
(iii) Factors for consideration.--In paying
a retention allowance under clause (i), the
Geothermal Ombudsman shall take into
consideration--
(I) any specialized expertise of
the applicable employee relating to
geothermal authorizations;
(II) 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 authorizations; and
(III) the difficulty in recruiting
or replacing qualified personnel with
relevant expertise relating to
geothermal authorizations.
(D) 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 authorizations.
(d) 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--
(1) describes the activities of the Task Force during the
preceding year; and
(2) evaluates the effectiveness of geothermal authorization
processing during the preceding year.
SEC. 305. GEOTHERMAL ROYALTIES.
(a) Definitions.--
(1) In general.--Section 2 of the Geothermal Steam Act of
1970 (30 U.S.C. 1001) is amended--
(A) by striking the section designation and heading
and all that follows through ``the term--'' in the
matter preceding subsection (a) and inserting the
following:
``SEC. 2. DEFINITIONS.
``In this Act:'';
(B) in each of subsections (a) through (d), by
striking the semicolon at the end and inserting a
period;
(C) in subsection (c), by striking ``resources''
and inserting ``resource'';
(D) by striking subsection (e);
(E) in subsection (f)--
(i) in paragraph (1), by striking
``Section'' and inserting ``section'';
(ii) by redesignating paragraphs (1)
through (4) as subparagraphs (A) through (D),
respectively, and indenting appropriately; and
(iii) by striking the subsection
designation and all that follows through
``limited to,'' in the matter preceding
subparagraph (A) (as so redesignated) and
inserting the following:
``(f) `significant thermal feature within a unit of the National
Park System' includes'';
(F) in subsection (g), by striking ``; and'' at the
end and inserting a period;
(G) by redesignating subsections (a), (b), (c),
(d), (f), and (g) as paragraphs (7), (4), (5), (1),
(8), and (2), respectively, indenting the paragraphs
appropriately, and moving the paragraphs so as to
appear in numerical order;
(H) in each of paragraphs (1), (2), (4), (5), (7),
and (8) (as so redesignated)--
(i) by inserting ``The term'' after the
paragraph designation; and
(ii) by adding a paragraph heading, the
text of which comprises the term defined in the
paragraph;
(I) by inserting after paragraph (2) (as so
redesignated) the following:
``(3) Geothermal electric generating facility.--
``(A) In general.--The term `geothermal electric
generating facility' means a facility, including all
necessary equipment and structures (including turbines
and cooling equipment), that produces electricity using
geothermal resources.
``(B) Treatment.--For purposes of section 5(a)(1),
a facility described in subparagraph (A) shall be
considered to be a separate facility from any other
such facility unless the facility shares a turbine with
the other facility.''; and
(J) by inserting after paragraph (5) (as so
redesignated) the following:
``(6) In-service date.--The term `in-service date', with
respect to a geothermal electric generating facility, means the
date on which the geothermal electric generating facility
commences operation.''.
(2) Conforming amendments.--
(A) Section 6(i) of the Geothermal Steam Act of
1970 (30 U.S.C. 1005(i)) is amended by striking ``as
defined in section 2(c) herein''.
(B) Section 28(a)(1) of the Geothermal Steam Act of
1970 (30 U.S.C. 1026(a)(1)) is amended, in the matter
preceding subparagraph (A), by striking ``, as defined
in section 2(f),''.
(b) Royalties on Electricity Produced Using Geothermal Resources.--
Section 5(a) of the Geothermal Steam Act of 1970 (30 U.S.C. 1004(a)) is
amended by striking paragraph (1) and inserting the following:
``(1) a royalty on electricity produced using geothermal
resources, other than direct use of geothermal resources, in an
amount equal to, with respect to a geothermal electric
generating facility producing electricity from geothermal
resources--
``(A) not less than 1 percent, and not more than
2.5 percent, of the gross proceeds from the sale of
electricity produced by the geothermal electric
generating facility from those geothermal resources
during each year of the 10-year period beginning on the
in-service date of the geothermal electric generating
facility; and
``(B) not less than 2 percent, and not more than 5
percent, of the gross proceeds from the sale of
electricity produced by the geothermal electric
generating facility from those geothermal resources
during each year after the 10-year period described in
subparagraph (A);''.
SEC. 306. NEPA REVIEW.
Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is
amended--
(1) in subsection (a)--
(A) by striking ``(NEPA)'' and inserting ``(42
U.S.C. 4321 et seq.) (referred to in this section as
`NEPA')'';
(B) by inserting ``(30 U.S.C. 181 et seq.)'' after
``Mineral Leasing Act''; and
(C) by inserting ``or the Geothermal Steam Act of
1970 (30 U.S.C. 1001 et seq.) for the purpose of
exploration or development of geothermal resources''
before the period at the end; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``oil or gas''
and inserting ``oil, gas, or geothermal resources'';
and
(B) in paragraph (3), by striking ``oil or gas''
and inserting ``oil, gas, or geothermal resources''.
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