SenateS. 5653119th Congress

Bipartisan American Affordability and Jobs Act of 2026

Full Text

Official text as published. Use Ctrl+F / Cmd+F to search within the document.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5653 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  2d Session
                                S. 5653

        To prescribe permitting reform, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2026

 Mrs. Capito (for herself, Mr. Lee, Mr. Whitehouse, and Mr. Heinrich) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
        To prescribe permitting reform, 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 ``Bipartisan 
American Affordability and Jobs Act of 2026''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
         DIVISION A--COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

           TITLE I--NATIONAL ENVIRONMENTAL POLICY ACT OF 1969

            Subtitle A--Declaration of Environmental Policy

Sec. 1101. Purposes; procedure; savings provision.
Sec. 1102. Definitions.
Sec. 1103. Implementing procedures.
Sec. 1104. Cooperation of agencies; reports; availability of 
                            information; recommendations; international 
                            and national coordination of efforts.
Sec. 1105. Procedure for determination of level of review.
Sec. 1106. Timely and unified Federal reviews.
Sec. 1107. Programmatic environmental document.
Sec. 1108. Use of categorical exclusions by other agencies.
Sec. 1109. Applications for authorizations.
Sec. 1110. Judicial review.
              Subtitle B--Council on Environmental Quality

Sec. 1121. Council on Environmental Quality.
               Subtitle C--Federal Permitting Improvement

Sec. 1131. Definitions.
Sec. 1132. Environmental Review and Permitting Tracker.
Sec. 1133. Permitting Improvement Fund.
                       TITLE II--CLEAN WATER ACT

Sec. 1201. Water quality criteria.
Sec. 1202. Clean Water Act permitting and State certification.
Sec. 1203. Permit term for NPDES permits.
Sec. 1204. Permits for dredged or fill material.
Sec. 1205. Judicial review timeline clarity.
               TITLE III--ENDANGERED SPECIES ACT OF 1973

Sec. 1301. Definitions.
Sec. 1302. Timeline for Section 7 consultations.
Sec. 1303. Projects in the operational right-of-way.
Sec. 1304. State assumption of consultation responsibilities.
Sec. 1305. Judicial review.
Sec. 1306. Listing determinations.
Sec. 1307. Authorization of appropriations.
Sec. 1308. National Fish and Wildlife Foundation Coastal State Fund.
                      TITLE IV--PROJECT CERTAINTY

Sec. 1401. Maintaining Federal authorizations or permits for projects 
                            with non-Federal sponsors.
Sec. 1402. Ensuring fairness for specific types of covered projects.
Sec. 1403. Avoiding unreasonable delays in permitting.
         DIVISION B--COMMITTEE ON ENERGY AND NATURAL RESOURCES

                     TITLE I--ELECTRIC TRANSMISSION

Sec. 2101. Transmission permitting.
Sec. 2102. Reconductoring and other activities in existing rights-of-
                            way.
Sec. 2103. Transmission planning.
Sec. 2104. Improvements relating to local transmission planning and 
                            development.
Sec. 2105. Prohibition of right of first refusal.
Sec. 2106. Consolidated planning process.
Sec. 2107. Ratepayer protection.
Sec. 2108. Dispatchable energy systems market access.
Sec. 2109. Advanced transmission technologies.
Sec. 2110. Expediting generator interconnection queues.
Sec. 2111. Grid data access.
Sec. 2112. Power marketing administrations.
Sec. 2113. FERC fee assessments.
Sec. 2114. Collection of data on computational load entities.
Sec. 2115. Conforming amendments; savings provision.
                      TITLE II--ENERGY PERMITTING

                    Subtitle A--Accelerating Claims

Sec. 2201. Accelerating claims.
       Subtitle B--Federal Onshore Energy Leasing and Permitting

Sec. 2211. Permitting compliance on non-Federal land.
Sec. 2212. Rights-of-way across Indian land.
Sec. 2213. Accelerating renewable energy permitting.
Sec. 2214. Electric grid projects.
Sec. 2215. Hardrock mining mill sites.
             Subtitle C--Geothermal Leasing and Permitting

Sec. 2221. Geothermal observation test projects.
Sec. 2222. Geothermal royalties.
Sec. 2223. Geothermal leasing reform.
Sec. 2224. Geothermal ombudsman and permitting task force.
Sec. 2225. No Federal permit required for geothermal activities on 
                            certain land.
Sec. 2226. Effect of pending civil actions on processing applications 
                            relating to geothermal leasing.
Sec. 2227. Cost recovery from geothermal leasing, permitting, and 
                            inspections.
Sec. 2228. Publication of Gold Book for geothermal operations on 
                            Federal land.
Sec. 2229. NEPA Review.
                         Subtitle D--Hydropower

Sec. 2231. Identifying and removing market barriers to hydropower.
Sec. 2232. Certain conditions on issuance of licenses.
Sec. 2233. Hydropower maintenance and temporary adjustments.
Sec. 2234. Micro hydrokinetic energy projects.
                    Subtitle E--Hiring and Retention

Sec. 2241. Federal Energy Regulatory Commission staffing.
Sec. 2242. Northwest Power and Conservation Council.
Sec. 2243. Federal Energy Regulatory Commission personnel safety.
                      Subtitle F--Offshore Energy

Sec. 2251. Offshore energy.
Sec. 2252. Offshore energy transmission.
                    TITLE III--HISTORIC PRESERVATION

Sec. 2301. Historic preservation.
Sec. 2302. Funding for the Historic Preservation Fund; use and 
                            availability; grants for Tribal Historic 
                            Preservation officers; additional funding.

         DIVISION A--COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

           TITLE I--NATIONAL ENVIRONMENTAL POLICY ACT OF 1969

            Subtitle A--Declaration of Environmental Policy

SEC. 1101. PURPOSES; PROCEDURE; SAVINGS PROVISION.

    Section 2 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321) is amended--
            (1) by striking the section heading and designation and all 
        that follows through ``are: To declare'' and inserting the 
        following:

``SEC. 2. PURPOSES; PROCEDURE; SAVINGS PROVISION.

    ``(a) Purposes.--The purposes of this Act are--
            ``(1) to declare'';
            (2) in subsection (a) (as so designated)--
                    (A) in paragraph (1) (as so designated), by 
                striking ``to promote'' and inserting the following:
            ``(2) to promote'';
                    (B) in paragraph (2) (as so designated), by 
                striking ``to enrich'' and inserting the following:
            ``(3) to enrich''; and
                    (C) in paragraph (3) (as so designated), by 
                striking ``to establish a Council on Environmental 
                Quality'' and inserting the following:
            ``(4) to establish a Council on Environmental Quality''; 
        and
            (3) by adding at the end the following:
    ``(b) 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 States, the result of which shall be an 
informational document for the purposes of consideration in Federal 
decisionmaking.
    ``(c) Savings Provision.--Nothing in this Act mandates a particular 
outcome as a result of the use of the procedure described in subsection 
(b).''.

SEC. 1102. DEFINITIONS.

    (a) In General.--The National Environmental Policy Act of 1969 is 
amended by inserting after section 2 (42 U.S.C. 4321) the following:

``SEC. 3. DEFINITIONS.

    ``In this Act:
            ``(1) Agency cerpo.--The term `agency CERPO' means the 
        chief environmental review and permitting officer of each key 
        permitting agency, as appointed by the head of the key 
        permitting agency.
            ``(2) Authorization.--The term `authorization' means any 
        lease, right-of-way, easement, 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 to implement a 
        proposed agency action.
            ``(3) Categorical exclusion.--The term `categorical 
        exclusion' means a category of actions that a Federal agency 
        has determined, or Congress has deemed by statute, normally 
        does not significantly affect the quality of the human 
        environment, within the meaning of section 102(2)(C).
            ``(4) Chairman.--The term `Chairman' means the Chairman of 
        the Council.
            ``(5) Cooperating agency.--The term `cooperating agency' 
        means any Federal, State, Tribal, or local agency (including a 
        county, borough, parish, city, and any other political 
        subdivision of a State) that has been designated as a 
        cooperating agency under section 107(a)(2)(A).
            ``(6) Council.--The term `Council' means the Council on 
        Environmental Quality established by section 202.
            ``(7) ENEPA technologies.--The term `eNEPA technologies' 
        means digital tools, applications, and other technological 
        capabilities used by agencies to support the responsibilities 
        of the agency with respect to environmental review or other 
        types of authorizations.
            ``(8) Environmental assessment.--The term `environmental 
        assessment' means an environmental assessment prepared under 
        section 106(b)(1)(A).
            ``(9) Environmental document.--The term `environmental 
        document' means an environmental impact statement, an 
        environmental assessment, or a finding of no significant 
        impact.
            ``(10) Environmental impact statement.--The term 
        `environmental impact statement' means a detailed written 
        statement that is required by section 102(2)(C).
            ``(11) Environmental infrastructure program or authority.--
                    ``(A) 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 projects.
                    ``(B) Inclusions.--The term `environmental 
                infrastructure program or authority' includes--
                            ``(i) section 1113 of the Water Resources 
                        Development Act of 1986 (Public Law 99-662; 100 
                        Stat. 4232; 110 Stat. 3719, 136 Stat. 3781; 138 
                        Stat. 3161);
                            ``(ii) section 217 of the Water Resources 
                        Development Act of 1992 (43 U.S.C. 390h-4 note; 
                        Public Law 102-580);
                            ``(iii) section 218 of the Water Resources 
                        Development Act of 1992 (43 U.S.C. 390h-5 note; 
                        Public Law 102-580);
                            ``(iv) section 219 of the Water Resources 
                        Development Act of 1992 (Public Law 102-580; 
                        106 Stat. 4835);
                            ``(v) section 220 of the Water Resources 
                        Development Act of 1992 (Public Law 102-580; 
                        106 Stat. 4836);
                            ``(vi) section 313 of the Water Resources 
                        Development Act of 1992 (Public Law 102-580; 
                        106 Stat. 4845);
                            ``(vii) section 324 of the Water Resources 
                        Development Act of 1992 (Public Law 102-580; 
                        106 Stat. 4849);
                            ``(viii) section 340 of the Water Resources 
                        Development Act of 1992 (Public Law 102-580; 
                        106 Stat. 4856);
                            ``(ix) section 522 of the Water Resources 
                        Development Act of 1996 (Public Law 104-303; 
                        110 Stat. 3766);
                            ``(x) section 531 of the Water Resources 
                        Development Act of 1996 (Public Law 104-303; 
                        110 Stat. 3773);
                            ``(xi) section 552 of the Water Resources 
                        Development Act of 1996 (Public Law 104-303; 
                        110 Stat. 3779);
                            ``(xii) section 566 of the Water Resources 
                        Development Act of 1996 (Public Law 104-303; 
                        110 Stat. 3786);
                            ``(xiii) section 584 of the Water Resources 
                        Development Act of 1996 (Public Law 104-303; 
                        110 Stat. 3791);
                            ``(xiv) section 569 of the Water Resources 
                        Development Act of 1999 (Public Law 106-53; 113 
                        Stat. 368);
                            ``(xv) section 570 of the Water Resources 
                        Development Act of 1999 (Public Law 106-53; 113 
                        Stat. 369);
                            ``(xvi) section 571 of the Water Resources 
                        Development Act of 1999 (Public Law 106-53; 113 
                        Stat. 371);
                            ``(xvii) section 573 of the Water Resources 
                        Development Act of 1999 (Public Law 106-53; 113 
                        Stat. 372);
                            ``(xviii) section 592 of the Water 
                        Resources Development Act of 1999 (Public Law 
                        106-53; 113 Stat. 379);
                            ``(xix) section 593 of the Water Resources 
                        Development Act of 1999 (Public Law 106-53; 113 
                        Stat. 380);
                            ``(xx) section 594 of the Water Resources 
                        Development Act of 1999 (Public Law 106-53; 113 
                        Stat. 381);
                            ``(xxi) section 595 of the Water Resources 
                        Development Act of 1999 (Public Law 106-53; 113 
                        Stat. 383);
                            ``(xxii) section 528 of the Water Resources 
                        Development Act of 2000 (Public Law 106-541; 
                        114 Stat. 2657);
                            ``(xxiii) section 542 of the Water 
                        Resources Development Act of 2000 (Public Law 
                        106-541; 114 Stat. 2671);
                            ``(xxiv) section 5039 of the Water 
                        Resources Development Act of 2007 (Public Law 
                        110-114; 121 Stat. 1206);
                            ``(xxv) section 5061 of the Water Resources 
                        Development Act of 2007 (Public Law 110-114; 
                        121 Stat. 1215);
                            ``(xxvi) section 5065 of the Water 
                        Resources Development Act of 2007 (Public Law 
                        110-114; 121 Stat. 1217);
                            ``(xxvii) section 5074 of the Water 
                        Resources Development Act of 2007 (Public Law 
                        110-114; 121 Stat. 1223);
                            ``(xxviii) section 5082 of the Water 
                        Resources Development Act of 2007 (Public Law 
                        110-114; 121 Stat. 1226);
                            ``(xxix) section 5085 of the Water 
                        Resources Development Act of 2007 (Public Law 
                        110-114; 121 Stat. 1228);
                            ``(xxx) section 5113 of the Water Resources 
                        Development Act of 2007 (Public Law 110-114; 
                        121 Stat. 1237);
                            ``(xxxi) section 5130 of the Water 
                        Resources Development Act of 2007 (Public Law 
                        110-114; 121 Stat. 1247);
                            ``(xxxii) section 5138 of the Water 
                        Resources Development Act of 2007 (Public Law 
                        110-114; 121 Stat. 1250);
                            ``(xxxiii) section 5140 of the Water 
                        Resources Development Act of 2007 (Public Law 
                        110-114; 121 Stat. 1251);
                            ``(xxxiv) section 8319 of the Water 
                        Resources Development Act of 2022 (Public Law 
                        117-263; 136 Stat. 3784);
                            ``(xxxv) section 8353 of the Water 
                        Resources Development Act of 2022 (Public Law 
                        117-263; 136 Stat. 3800);
                            ``(xxxvi) section 8359 of the Water 
                        Resources Development Act of 2022 (Public Law 
                        117-263; 136 Stat. 3802);
                            ``(xxxvii) section 1332 of the Water 
                        Resources Development Act of 2024 (Public Law 
                        118-272; 138 Stat. 3145);
                            ``(xxxviii) section 1340 of the Water 
                        Resources Development Act of 2024 (Public Law 
                        118-272; 138 Stat. 3149);
                            ``(xxxix) section 1344 of the Water 
                        Resources Development Act of 2024 (Public Law 
                        118-272; 138 Stat. 3153);
                            ``(xl) section 1348 of the Water Resources 
                        Development Act of 2024 (Public Law 118-272; 
                        138 Stat. 3157);
                            ``(xli) section 1349 of the Water Resources 
                        Development Act of 2024 (Public Law 118-272; 
                        138 Stat. 3158); and
                            ``(xlii) any other similar program or 
                        authority that the Secretary of the Army 
                        determines to be appropriate.
            ``(12) Environmental review.--The term `environmental 
        review' means the agency procedures and processes for preparing 
        an environmental document for a proposed agency action under 
        this Act.
            ``(13) 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 statement.
            ``(14) Indian tribe.--The term `Indian Tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            ``(15) Key permitting agency.--
                    ``(A) In general.--The term `key permitting agency' 
                means a Federal agency that commonly engages in 
                environmental review or other types of authorizations.
                    ``(B) Inclusions.--The term `key permitting agency' 
                includes--
                            ``(i) the Department of Agriculture;
                            ``(ii) the Department of Commerce;
                            ``(iii) the Department of the Interior;
                            ``(iv) the Department of Energy;
                            ``(v) the Department of Transportation;
                            ``(vi) the Department of Defense;
                            ``(vii) the Environmental Protection 
                        Agency;
                            ``(viii) the Federal Energy Regulatory 
                        Commission;
                            ``(ix) the Nuclear Regulatory Commission;
                            ``(x) the Department of Homeland Security;
                            ``(xi) the Department of Housing and Urban 
                        Development;
                            ``(xii) the Corps of Engineers;
                            ``(xiii) the Advisory Council on Historic 
                        Preservation; and
                            ``(xiv) any other Federal agency, as 
                        determined by the Chairman.
            ``(16) Lead agency.--The term `lead agency' means, with 
        respect to a proposed agency action--
                    ``(A) the Federal agency that proposed such action 
                under section 107(a)(1)(A)(i);
                    ``(B) the Federal agency designated under section 
                107(a)(1)(A)(ii); or
                    ``(C) the Federal agency designated by the Chairman 
                under section 107(a)(1)(B)(ii).
            ``(17) Made public; make public.--The terms `made public' 
        and `make public', with respect to a document, mean that the 
        document is published in a single location on the primary 
        website of the applicable Federal agency with--
                    ``(A) hyperlinks to the document prominently 
                displayed on the website; and
                    ``(B) the date of initial publication of the 
                document displayed and maintained on the website.
            ``(18) Major federal action.--
                    ``(A) 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 responsibility.
                    ``(B) Exclusions.--The term `major Federal action' 
                does not include--
                            ``(i) a proposed agency action associated 
                        with a non-Federal project or undertaking--
                                    ``(I) with no or minimal Federal 
                                funding;
                                    ``(II) with no or minimal Federal 
                                involvement where a Federal agency 
                                cannot control the outcome of the 
                                project or undertaking; or
                                    ``(III) for which the only Federal 
                                involvement is a loan guarantee or 
                                loan;
                            ``(ii) 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 funds;
                            ``(iii) grants (including capitalization 
                        grants), cost-share awards, 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 action;
                            ``(iv) business loan guarantees provided by 
                        the Small Business Administration pursuant to 
                        subsection (a) or (b) of section 7 of the Small 
                        Business Act (15 U.S.C. 636) or title V of the 
                        Small Business Investment Act of 1958 (15 
                        U.S.C. 695 et seq.);
                            ``(v) bringing judicial or administrative 
                        civil or criminal enforcement actions;
                            ``(vi) extraterritorial activities or 
                        decisions, which means agency activities or 
                        decisions with effects located entirely outside 
                        of the territory of the United States or the 
                        outer Continental Shelf (as defined in section 
                        2 of the Outer Continental Shelf Lands Act (43 
                        U.S.C. 1331));
                            ``(vii) activities or decisions that are 
                        non-discretionary and made in accordance with 
                        the statutory authority of the agency;
                            ``(viii) routine agency actions that are 
                        administrative in nature, including actions 
                        relating to personnel and fiscal management, 
                        training, recordkeeping, procurement, 
                        budgeting, travel, the repair of Federal 
                        facilities to return those facilities to their 
                        previous condition, or the maintenance of 
                        Federal facilities, subject to the condition 
                        that the cost of the action does not exceed 
                        $10,000,000;
                            ``(ix) notwithstanding any other provision 
                        of law, any proposed agency action associated 
                        with a project to repair, reconstruct, restore, 
                        retrofit, or replace lifeline infrastructure 
                        (as defined in section 4 of the Earthquake 
                        Hazards Reduction Act of 1977 (42 U.S.C. 7703) 
                        and referred to in this clause as `lifeline 
                        infrastructure'), if the head of the relevant 
                        Federal agency determines the repair, 
                        reconstruction, restoration, retrofit, 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 20 percent 
                        as compared to the capacity of the original 
                        condition of the lifeline infrastructure, 
                        subject to the condition that, in the case of 
                        lifeline infrastructure that is a highway or 
                        bridge, the repair, reconstruction, 
                        restoration, retrofit, or replacement of that 
                        highway or bridge does not result in additional 
                        through travel lanes;
                            ``(x) notwithstanding any other provision 
                        of law, any proposed agency action associated 
                        with a geothermal observation test project (as 
                        defined in section 30(a) of the Geothermal 
                        Steam Act of 1970);
                            ``(xi) notwithstanding any other provision 
                        of law, any proposed agency action associated 
                        with transmission activities described in 
                        section 216A(b) of the Federal Power Act;
                            ``(xii) notwithstanding any other provision 
                        of law, any proposed agency action associated 
                        with a covered activity (as defined in 
                        subsection (i)(1) of section 7 of the Natural 
                        Gas Act (15 U.S.C. 717f));
                            ``(xiii) a proposed agency action, the 
                        effects of which were previously evaluated by 
                        another agency in compliance with this Act; or
                            ``(xiv) any proposed agency action 
                        associated with a project--
                                    ``(I) carried out under--
                                            ``(aa) a continuing 
                                        authority program (as defined 
                                        in section 7001(c)(1)(D)(iii) 
                                        of the Water Resources Reform 
                                        and Development Act of 2014 (33 
                                        U.S.C. 2282d(c)(1)(D)(iii))); 
                                        or
                                            ``(bb) an environmental 
                                        infrastructure program or 
                                        authority; and
                                    ``(II) for which the Federal share 
                                of the cost of that project does not 
                                exceed $50,000,000.
            ``(19) 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 policy, program, plan, 
        or group of related actions.
            ``(20) Project sponsor.--The term `project sponsor' means 
        an entity, including any Federal, private, public-private, 
        State, local (including a county, borough, parish, city, and 
        any other political subdivision of a State), or Tribal entity, 
        that seeks an authorization for a proposed agency action.
            ``(21) Record of decision.--The term `record of decision' 
        means a document, which may be issued concurrent with or 
        following a final environmental document, that explains the 
        decision of an agency with respect to a proposed agency action.
            ``(22) Record of stakeholder engagement.--The term `record 
        of stakeholder engagement' means a document, not to exceed 20 
        pages, including any citations or appendices, detailing pre-
        application engagement of a project sponsor with local 
        governmental, Tribal, 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 following:
                    ``(A) A brief list of pre-application engagement by 
                the project sponsor with Federal agencies relating to 
                the authorization for the proposed agency action, 
                including the dates of meetings with the Federal 
                agencies.
                    ``(B) A list of pre-application engagement by the 
                project sponsor with State, local, and Tribal officials 
                and local community entities relating to the 
                authorization for the proposed agency action, including 
                the date of meetings with those officials, a brief 
                summary of any feedback received, and any ways in which 
                feedback from stakeholders was incorporated into the 
                proposed agency action.
            ``(23) Special expertise.--The term `special expertise' 
        means statutory responsibility, agency mission, or related 
        program experience.
            ``(24) State.--The term `State' means--
                    ``(A) each of the several States of the United 
                States;
                    ``(B) the District of Columbia;
                    ``(C) the Commonwealth of Puerto Rico;
                    ``(D) Guam;
                    ``(E) American Samoa;
                    ``(F) the Commonwealth of the Northern Mariana 
                Islands; and
                    ``(G) the United States Virgin Islands.
            ``(25) State agency.--The term `State agency' means any 
        agency, department, board, commission, or other government 
        entity of a State.
            ``(26) Statement of purpose and need.--The term `statement 
        of purpose and need' means a brief summary by the lead agency 
        that clearly explains--
                    ``(A) the underlying purpose of the proposed agency 
                action;
                    ``(B) the need for the proposed agency action; and
                    ``(C) the goals of the project sponsor, as 
                applicable.''.
    (b) Conforming Amendments.--
            (1) The National Environmental Policy Act of 1969 is 
        amended by striking section 111 (42 U.S.C. 4336e).
            (2) Section 9909(c)(1) of the William M. (Mac) Thornberry 
        National Defense Authorization Act for Fiscal Year 2021 (15 
        U.S.C. 4659(c)(1)) is amended by striking ``section 111 of NEPA 
        (42 U.S.C. 4336e)'' and inserting ``section 3 of NEPA''.
            (3) Section 4(l)(2)(F)(i) of the Good Samaritan Remediation 
        of Abandoned Hardrock Mines Act of 2024 (30 U.S.C. 1245 note; 
        Public Law 118-155) is amended by striking ``section 111 of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4336e)'' 
        and inserting ``section 3 of the National Environmental Policy 
        Act of 1969''.
            (4) Section 2232(a) of the Economic Development 
        Reauthorization Act of 2024 (42 U.S.C. 3211 note; Public Law 
        118-272) is amended by striking ``section 111 of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4336e)'' and 
        inserting ``section 3 of the National Environmental Policy Act 
        of 1969''.
            (5) The Servicemember Quality of Life Improvement and 
        National Defense Authorization Act for Fiscal Year 2025 (Public 
        Law 118-159) is amended--
                    (A) in section 1412(b)(2) (50 U.S.C. 98b note), by 
                striking ``section 111 of the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4336e)'' and inserting 
                ``section 3 of the National Environmental Policy Act of 
                1969''; and
                    (B) in section 3511(c)(3)(A) (46 U.S.C. 50505 
                note), by striking ``section 111 of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4336e)'' 
                and inserting ``section 3 of the National Environmental 
                Policy Act of 1969''.

SEC. 1103. IMPLEMENTING PROCEDURES.

    Section 103 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4333) is amended--
            (1) by striking the section designation and all that 
        follows through ``All agencies'' and inserting the following:

``SEC. 103. IMPLEMENTING PROCEDURES.

    ``(a) Initial Review.--All agencies''; and
            (2) by adding at the end the following:
    ``(b) Implementation Requirements.--Not later than 180 days after 
the date of enactment of the Bipartisan American Affordability and Jobs 
Act of 2026, each agency of the Federal Government shall make any 
changes to the existing regulations, procedures, or policies of the 
agency that are necessary to implement the intent, purposes, and 
procedures set forth in this Act (including the amendments made to this 
Act by the Bipartisan American Affordability and Jobs Act of 2026).
    ``(c) Consistency.--To the maximum extent practicable, the Chairman 
shall work to standardize the procedures of all agencies of the Federal 
Government to implement this Act.
    ``(d) Technical Assistance.--At the request of an agency of the 
Federal Government, the Chairman may provide technical assistance to 
that agency in carrying out subsection (b).''.

SEC. 1104. COOPERATION OF AGENCIES; REPORTS; AVAILABILITY OF 
              INFORMATION; RECOMMENDATIONS; INTERNATIONAL AND NATIONAL 
              COORDINATION OF EFFORTS.

    Section 102(2) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)) is amended--
            (1) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) identify and develop methods and procedures, 
                to implement the requirements of this Act, in 
                consultation with the Chairman, that--
                            ``(i) will ensure that presently 
                        unquantified environmental amenities and values 
                        may be given appropriate consideration in 
                        decisionmaking along with economic and 
                        technical considerations; and
                            ``(ii) are consistent with the requirements 
                        for minimum functional requirements and data 
                        and technology standards for agency 
                        implementation of eNEPA technologies;'';
            (2) in subparagraph (C)--
                    (A) in the matter preceding clause (i), by striking 
                ``responsible official'' and inserting ``lead agency'';
                    (B) by indenting clauses (i) through (v) 
                appropriately;
                    (C) in clause (ii), by striking ``proposal'' and 
                inserting ``proposed agency action'';
                    (D) in clause (v), by striking the period at the 
                end and inserting a semicolon; and
                    (E) in the undesignated matter following clause 
                (v), in the second sentence--
                            (i) by striking ``Council on Environmental 
                        Quality'' and inserting ``Council''; and
                            (ii) by striking ``proposal'' and inserting 
                        ``proposed agency action''; and
            (3) in subparagraph (L), by striking ``Council on 
        Environmental Quality established by title II of this Act'' and 
        inserting ``Council''.

SEC. 1105. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW.

    Section 106 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4336) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) by striking ``one of the agency's 
                        categorical exclusions'' and inserting ``1 or a 
                        combination of multiple categorical exclusions 
                        (excluding multiple applications of the same or 
                        similar categorical exclusions that are based 
                        on size, acreage, or dollar amount thresholds) 
                        of the agency''; and
                            (ii) by inserting ``a categorical exclusion 
                        established by Congress,'' after ``section 109 
                        of this Act,'';
                    (B) in paragraph (3), by striking ``or'' at the 
                end;
                    (C) in paragraph (4), by striking ``proposed 
                action.'' and inserting ``proposed agency action;''; 
                and
                    (D) by adding at the end the following:
            ``(5) 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 statute, 
        ordinance, resolution, regulation, or formally adopted policy 
        and the lead agency determines that the review serves a similar 
        function as Federal agency compliance with this Act; or
            ``(6) 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 
        action.'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (1), respectively, and moving the 
                paragraphs so as to appear in numerical order; and
                    (B) in paragraph (1) (as so redesignated)--
                            (i) in the first sentence, by striking ``An 
                        agency'' and inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a lead agency'';
                            (ii) in subparagraph (A) (as so 
                        designated)--
                                    (I) in the first sentence--
                                            (aa) by striking ``one of 
                                        the agency's categorical 
                                        exclusions'' and inserting ``1 
                                        or a combination of multiple 
                                        categorical exclusions 
                                        (excluding multiple 
                                        applications of the same or 
                                        similar categorical exclusions 
                                        that are based on size, 
                                        acreage, or dollar amount 
                                        thresholds) of the agency''; 
                                        and
                                            (bb) by inserting ``a 
                                        categorical exclusion 
                                        established by Congress,'' 
                                        after ``section 109 of this 
                                        Act,''; and
                                    (II) in the second sentence, by 
                                striking ``a Federal'' and inserting 
                                ``the lead''; and
                            (iii) by adding at the end the following:
                    ``(B) Project sponsor request.--At the request of a 
                project sponsor, if a lead agency has begun the 
                preparation of an environmental assessment pursuant to 
                subparagraph (A), 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 action.''; and
            (3) by adding at the end the following:
    ``(c) 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 (a), no agency shall prepare an environmental document with 
respect to the proposed agency action.''.

SEC. 1106. TIMELY AND UNIFIED FEDERAL REVIEWS.

    Section 107 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4336a) is amended--
            (1) by striking subsections (a) through (c) and inserting 
        the following:
    ``(a) Determination of Agency Roles and Responsibilities.--
            ``(1) Lead agency.--
                    ``(A) Designation.--
                            ``(i) In general.--The Federal agency that 
                        proposed the proposed agency action shall be 
                        the lead agency.
                            ``(ii) Two or more agencies.--If there are 
                        2 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 Act, those agencies 
                        shall determine, by letter or memorandum, which 
                        Federal agency shall be the lead agency for 
                        that environmental review based on 
                        consideration of--
                                    ``(I) the magnitude of the 
                                involvement of the Federal agencies;
                                    ``(II) the project approval or 
                                disapproval authority of those Federal 
                                agencies;
                                    ``(III) the expertise concerning 
                                the environmental effects of the 
                                proposed agency action;
                                    ``(IV) the duration of involvement 
                                of the Federal agencies with respect to 
                                that proposed agency action; and
                                    ``(V) the sequence of the 
                                involvement of the Federal agencies 
                                with respect to that proposed agency 
                                action.
                            ``(iii) Joint lead agencies.--
                                    ``(I) In general.--In making a 
                                determination under clause (ii), the 
                                Federal agencies participating in the 
                                environmental review may appoint such 
                                State, Tribal, or local agencies as 
                                joint lead agencies, as those Federal 
                                agencies determine to be appropriate.
                                    ``(II) Responsibilities.--Joint 
                                lead agencies appointed under subclause 
                                (I) shall jointly fulfill the role 
                                described in subparagraph (C).
                    ``(B) Delay in designation.--
                            ``(i) Request for designation.--
                                    ``(I) In general.--Any Federal, 
                                State, Tribal, 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 (A) may submit a written 
                                request to a Federal agency 
                                participating in the environmental 
                                review for the designation of a lead 
                                agency.
                                    ``(II) Transmission.--A Federal 
                                agency that receives a request under 
                                subclause (I) shall transmit that 
                                request to each Federal agency 
                                participating in the environmental 
                                review and to the Chairman.
                            ``(ii) Chairman designation.--
                                    ``(I) Request.--If the Federal 
                                agencies participating in the 
                                environmental review are unable to 
                                agree on the designation of a lead 
                                agency not later than 21 days after the 
                                date on which the request was 
                                transmitted to a Federal agency 
                                participating in the environmental 
                                review under clause (i)(II), the 
                                Federal, State, Tribal, 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 agency, which request shall 
                                consist of--
                                            ``(aa) a precise 
                                        description of the nature and 
                                        extent of the proposed agency 
                                        action; and
                                            ``(bb) a detailed statement 
                                        with respect to each Federal 
                                        agency participating in the 
                                        environmental review and each 
                                        factor described in 
                                        subparagraph (A)(ii) regarding 
                                        which Federal agency shall 
                                        serve as lead agency.
                                    ``(II) Transmission.--The Chairman 
                                shall transmit a request received under 
                                subclause (I) to each Federal agency 
                                participating in the environmental 
                                review.
                                    ``(III) Response.--A Federal agency 
                                participating in an environmental 
                                review may, not later than 14 days 
                                after the date of the transmission of a 
                                request under subclause (II), submit to 
                                the Chairman a response to the request 
                                for consideration by the Chairman.
                                    ``(IV) Designation.--Not later than 
                                21 days after the date of the 
                                transmission of a request under 
                                subclause (II), the Chairman shall 
                                designate the lead agency with respect 
                                to the applicable proposed agency 
                                action.
                                    ``(V) Final and conclusive; no 
                                judicial review.--Any action taken by 
                                the Chairman to designate a lead agency 
                                under this clause--
                                            ``(aa) shall be final and 
                                        conclusive; and
                                            ``(bb) shall not be subject 
                                        to judicial review.
                    ``(C) Role of lead agency.--A lead agency shall, 
                with respect to a proposed agency action--
                            ``(i) supervise the preparation of an 
                        environmental document if, with respect to such 
                        proposed agency action, there is more than 1 
                        Federal agency participating in the 
                        environmental review;
                            ``(ii) request the participation of each 
                        cooperating agency at the earliest practicable 
                        time;
                            ``(iii) in preparing an environmental 
                        document, give consideration to any analysis or 
                        proposal created, if applicable, by a 
                        cooperating agency;
                            ``(iv) develop a schedule, in consultation 
                        with each cooperating agency, the project 
                        sponsor, and such other entities as the lead 
                        agency determines appropriate, for completion 
                        of any environmental review or authorization 
                        required to carry out the proposed agency 
                        action;
                            ``(v) meet with a cooperating agency that 
                        requests such a meeting;
                            ``(vi) define and determine, as 
                        appropriate, the purpose and need, the 
                        reasonable alternatives, and the reasonably 
                        foreseeable environmental effects of the 
                        proposed agency action subject to the 
                        jurisdiction of the lead agency by law, 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 agency;
                            ``(vii) if the lead agency determines that 
                        an environmental review or authorization will 
                        not be completed in accordance with the 
                        schedule developed under clause (iv), submit a 
                        notification of any authorization or action by 
                        another Federal agency responsible for the 
                        possible failure to meet that schedule to the 
                        Chairman;
                            ``(viii) presume that the effects of a no-
                        action alternative will be negative for any 
                        proposed agency action carried out on, or 
                        directly affecting, Tribal trust resources 
                        (including lands and minerals) when the action 
                        is initiated by the Indian Tribe for which the 
                        United States holds the affected Tribal 
                        resources in trust; and
                            ``(ix) eliminate from consideration any 
                        alternative (except for a no-action 
                        alternative) that does not--
                                    ``(I) fulfill the purpose and need 
                                of the proposed agency action; and
                                    ``(II) meet the goals of an 
                                applicable non-Federal project sponsor.
            ``(2) Cooperating agencies.--
                    ``(A) Designation.--
                            ``(i) In general.--The lead agency may, 
                        with respect to a proposed agency action, 
                        designate any Federal, State, Tribal, or local 
                        agency (including a county, borough, parish, 
                        city, and any other political subdivision of a 
                        State) that has jurisdiction by law with 
                        respect to any environmental effect involved in 
                        a proposed agency action to serve as a 
                        cooperating agency.
                            ``(ii) Requirements.--Not later than 30 
                        days after the date on which the lead agency 
                        issues, consistent with section 110, a notice 
                        of intent to prepare an environmental impact 
                        statement or informs the project sponsor that 
                        an environmental assessment is necessary, the 
                        lead agency shall--
                                    ``(I) identify all Federal and non-
                                Federal agencies and governmental 
                                entities likely to require or provide 
                                authorization with respect to a 
                                proposed agency action; and
                                    ``(II) invite each agency 
                                identified under subclause (I) to 
                                become a cooperating agency.
                            ``(iii) Acceptance or denial.--An agency 
                        invited under clause (ii)(II) shall accept or 
                        deny the invitation not later than 7 days after 
                        the date on which the agency receives the 
                        invitation.
                            ``(iv) Limitations.--The designation of a 
                        cooperating agency under this subparagraph 
                        shall not--
                                    ``(I) give such cooperating agency 
                                authority or jurisdiction over the 
                                proposed agency action; or
                                    ``(II) expand any jurisdiction or 
                                authority such cooperating agency may 
                                have over the proposed agency action.
                            ``(v) 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 (ii)(I), the lead agency shall--
                                    ``(I) invite such unidentified 
                                agency to become a cooperating agency 
                                by not later than 7 days after becoming 
                                aware that the agency has jurisdiction 
                                by law with respect to the proposed 
                                agency action; and
                                    ``(II) if such agency accepts the 
                                invitation, incorporate such agency 
                                into the schedule developed under 
                                paragraph (1)(C)(iv) and update such 
                                schedule accordingly by not later than 
                                14 days after the date on which such 
                                agency accepts the invitation.
                    ``(B) Role of cooperating agencies.--
                            ``(i) In general.--A cooperating agency 
                        may, not later than a date specified in the 
                        schedule established by the lead agency under 
                        paragraph (1)(C)(iv), submit comments to the 
                        lead agency.
                            ``(ii) Requirements.--Comments submitted by 
                        a cooperating agency under clause (i) shall be 
                        limited to matters relating to the jurisdiction 
                        by law of the cooperating agency with respect 
                        to--
                                    ``(I) the reasonably foreseeable 
                                environmental effects of the proposed 
                                agency action; and
                                    ``(II) any applicable authorization 
                                required of the cooperating agency.
                            ``(iii) Assistance.--A cooperating agency 
                        may, with the agreement of the lead agency, 
                        assist in the preparation of an environmental 
                        document.
                            ``(iv) Sufficiency of analysis.--For the 
                        purpose of compliance with the requirements of 
                        this Act, 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 
                        has, consistent with paragraph (1)(C), 
                        determined are reasonable.
    ``(b) Coordination of Agencies Participating in an Environmental 
Review.--
            ``(1) In general.--Not later than 30 days after the date 
        described in clause (iii) of subsection (a)(2)(A) with respect 
        to each agency invited to be a cooperating agency pursuant to 
        clause (ii)(II) of that subsection, the lead agency shall 
        develop the schedule under subsection (a)(1)(C)(iv) for the 
        applicable proposed agency action.
            ``(2) Requirements.--To the maximum extent practicable, if 
        a proposed agency action will require action by more than 1 
        Federal agency and the lead agency has determined that the 
        proposed agency action requires preparation of an environmental 
        document, the lead agency and cooperating agencies shall--
                    ``(A) evaluate the proposed agency action in a 
                single environmental document;
                    ``(B) carry out the obligations of each respective 
                agency concurrently, and in conjunction with, other 
                environmental reviews and authorizations being 
                conducted by other Federal agencies, unless the agency 
                determines that doing so would impair the ability of 
                the agency to carry out the statutory obligations of 
                the agency; and
                    ``(C) formulate and implement administrative, 
                policy, and procedural mechanisms to ensure that the 
                environmental review is coordinated, environmentally 
                responsible, and enables the lead agency to comply with 
                the deadlines described in subsection (g).
            ``(3) Consideration of timing.--
                    ``(A) 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 
                action.
                    ``(B) 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 (g) on the basis of awaiting new 
                scientific or technical research or information that 
                was not available as of the date described in 
                subparagraph (A) for the proposed agency action.
                    ``(C) Applicability to other law.--Nothing in this 
                paragraph affects any review of information required 
                under subchapter II of chapter 5 of title 5, United 
                States Code, with respect to comments received during a 
                public comment period, as applicable.
    ``(c) Public Review.--
            ``(1) Publication in federal register.--Each notice of 
        intent to prepare an environmental impact statement under 
        section 102 shall be published in the Federal Register.
            ``(2) Public comment.--
                    ``(A) Requirements.--Each notice of intent to 
                prepare an environmental impact statement under section 
                102 shall include--
                            ``(i) a request for public comment on 
                        alternatives or impacts and on relevant 
                        information, studies, or analyses with respect 
                        to the proposed agency action; and
                            ``(ii) a concise description of the general 
                        location of the proposed agency action and a 
                        summary of geospatial information for the 
                        proposed agency action, if available.
                    ``(B) Comment period.--The lead agency shall 
                establish a comment period of not less than 45 days and 
                not more than 60 days after the date on which the 
                notice to prepare an environmental impact statement is 
                published in the Federal Register, unless the lead 
                agency and project sponsor agree to a longer deadline, 
                which shall not exceed 75 days.'';
            (2) in subsection (e), by redesignating paragraphs (1) and 
        (2) as paragraphs (2) and (1), respectively, and moving the 
        paragraphs so as to appear in numerical order;
            (3) in subsection (f)--
                    (A) in the subsection heading, by inserting ``and 
                Use of Existing Documents'' after ``Preparation'';
                    (B) by striking ``A lead agency'' and inserting the 
                following:
            ``(1) In general.--A lead agency''; and
                    (C) by adding at the end the following:
            ``(2) Existing documents.--On the request of a project 
        sponsor, a lead agency shall consider and, as appropriate, 
        adopt or incorporate by reference, the analysis and 
        documentation prepared for a proposed agency action under the 
        laws and procedures of a State or an Indian Tribe as the 
        documentation, or part of the documentation, required to 
        complete an environmental review, 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 Act, as determined by the 
        lead agency.'';
            (4) in subsection (g)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--
                    ``(A) Environmental assessments.--
                            ``(i) In general.--Except as provided in 
                        section 106(b)(1)(B) or paragraph (2), with 
                        respect to a proposed agency action, a lead 
                        agency shall complete and make public the 
                        environmental assessment, if applicable, not 
                        later than the date that is 1 year after the 
                        earlier of, as applicable--
                                    ``(I) the date on which the lead 
                                agency determines that section 
                                106(b)(1)(A) requires the preparation 
                                of an environmental assessment with 
                                respect to the proposed agency action; 
                                and
                                    ``(II) the date on which the lead 
                                agency notifies the project sponsor 
                                that the application for the proposed 
                                agency action is complete.
                            ``(ii) Additional requirements.--On 
                        completion of an environmental assessment--
                                    ``(I)(aa) not later than 7 days 
                                after the date on which the lead agency 
                                completes and makes public the 
                                environmental assessment, the lead 
                                agency shall issue a finding of no 
                                significant impact;
                                    ``(bb) not later than 90 days after 
                                the date on which the lead agency 
                                completes and makes public the 
                                environmental assessment, all Federal 
                                agencies participating in the 
                                environmental review shall issue and 
                                make public a decision on all 
                                outstanding authorizations for the 
                                proposed agency action; and
                                    ``(cc) not later than 120 days 
                                after the date on which the lead agency 
                                completes and makes public the 
                                environmental assessment, all Federal 
                                agencies not participating in the 
                                environmental review shall issue and 
                                make public a decision on all 
                                outstanding authorizations for the 
                                proposed agency action; or
                                    ``(II) not later than 7 days after 
                                the date on which the lead agency 
                                completes the environmental assessment, 
                                the lead agency shall publish a notice 
                                of intent to prepare an environmental 
                                impact statement.
                    ``(B) Environmental impact statements.--
                            ``(i) In general.--Except as provided in 
                        paragraph (2), with respect to a proposed 
                        agency action, the lead agency shall publish an 
                        environmental impact statement, if applicable, 
                        not later than the date that is 2 years after 
                        the earlier of, as applicable--
                                    ``(I) the date on which the lead 
                                agency determines that section 
                                102(2)(C) requires the issuance of an 
                                environmental impact statement with 
                                respect to the proposed agency action; 
                                and
                                    ``(II) the date on which the lead 
                                agency notifies the project sponsor 
                                that the application for the proposed 
                                agency action is complete.
                            ``(ii) Additional requirements.--
                                    ``(I) Record of decision.--Not 
                                later than 45 days after the date on 
                                which the lead agency publishes an 
                                environmental impact statement for a 
                                proposed agency action, the lead agency 
                                shall issue a record of decision.
                                    ``(II) Issuance of 
                                authorizations.--
                                            ``(aa) In general.--Not 
                                        later than 90 days after the 
                                        date on which the lead agency 
                                        publishes an environmental 
                                        impact statement for a proposed 
                                        agency action, all Federal 
                                        agencies participating in the 
                                        environmental review shall 
                                        issue a decision on all 
                                        outstanding authorizations for 
                                        the proposed agency action.
                                            ``(bb) Federal agencies not 
                                        participating.--Not later than 
                                        120 days after the date on 
                                        which the lead agency publishes 
                                        an environmental impact 
                                        statement for a proposed agency 
                                        action, all Federal agencies 
                                        not participating in the 
                                        environmental review shall 
                                        issue and make public a 
                                        decision on all outstanding 
                                        authorizations for the proposed 
                                        agency action.
                            ``(iii) Savings provision.--Nothing in this 
                        subparagraph prohibits an agency from issuing 
                        an environmental impact statement and record of 
                        decision in a single document.
                    ``(C) Dispute resolution.--
                            ``(i) Definition of eligible dispute or 
                        delay.--In this subparagraph, the term 
                        `eligible dispute or delay' means a dispute or 
                        delay with respect to an environmental review 
                        or authorization involving more than 1 Federal 
                        agency for which a project sponsor sends a 
                        notification to the Chairman under clause (ii).
                            ``(ii) Notification of dispute.--The 
                        Chairman, in consultation with each Federal 
                        agency participating in the environmental 
                        review for a proposed agency action, shall, to 
                        the maximum extent practicable to meet the 
                        deadlines established under this subsection and 
                        the schedule developed under subsection 
                        (a)(1)(C)(iv), facilitate resolution of an 
                        eligible dispute or delay, including an 
                        anticipated delay, between those Federal 
                        agencies with respect to an environmental 
                        review or authorization not later than 30 days 
                        after the date of receipt of a notification 
                        from a project sponsor.
                            ``(iii) Determination of resolution.--If an 
                        eligible dispute or delay, including an 
                        anticipated delay, described in clause (ii) 
                        remains unresolved by the date that is 30 days 
                        after the date on which a notification is 
                        received under that clause, the Chairman, not 
                        later than 14 days after that date, shall 
                        determine a resolution and order the relevant 
                        agencies to the eligible dispute or delay, 
                        including an anticipated delay, to act in 
                        accordance with that determination as soon as 
                        practicable.
                            ``(iv) Final resolution.--Notwithstanding 
                        any other provision of law, any order given or 
                        action taken by the Chairman in resolution of 
                        an eligible dispute or delay, including an 
                        anticipated delay, under clause (iii)--
                                    ``(I) shall be final and 
                                conclusive;
                                    ``(II) shall not be subject to 
                                judicial review; and
                                    ``(III) shall, for purposes of 
                                judicial review of the ultimate agency 
                                action and all other Federal law, 
                                constitute full compliance with and 
                                satisfaction of any requirement for 
                                interagency consultation, coordination, 
                                concurrence, authorization, or other 
                                procedural obligation under Federal law 
                                that is the subject of the dispute or 
                                delay.'';
                    (B) in paragraph (2)--
                            (i) by inserting ``applicable'' before 
                        ``deadline described in paragraph (1)'';
                            (ii) by striking ``in consultation with the 
                        applicant'' and inserting ``with the approval 
                        of the project sponsor''; and
                            (iii) by striking ``such environmental 
                        impact statement or environmental assessment'' 
                        and inserting ``the applicable environmental 
                        document''; and
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) Failure to act.--
                    ``(A) In general.--If, after 30 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 (C)(iii) of 
                paragraph (1) and causes a failure to comply with a 
                deadline in accordance with that paragraph or an 
                extended deadline in accordance with paragraph (2), 
                each relevant agency CERPO of the key permitting agency 
                and each career employee of the key permitting agency 
                within the Senior Executive Service (as defined in 
                section 2101a of title 5, United States Code) 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 unissued, shall spend not less than 50 
                percent of the workweek, as determined pursuant to 
                title 5, United States Code, or other applicable law, 
                to remedy the failure.
                    ``(B) No travel outside duty station.--If, after 60 
                days have passed from the date on which a deadline 
                described in paragraph (1) or (2) 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 authorizations, as described 
                in those paragraphs, with respect to a proposed agency 
                action, the head of the relevant key permitting agency 
                shall not travel more than 25 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 subsection.
                    ``(C) Exception.--This paragraph shall not apply to 
                the Secretary of Defense.
            ``(4) Causes of action.--
                    ``(A) Definition of court of competent 
                jurisdiction.--In this paragraph, the term `court of 
                competent jurisdiction' means--
                            ``(i) if a court has jurisdiction over an 
                        applicable proposed agency action pursuant to 
                        any other provision of Federal law other than 
                        this Act, such court; or
                            ``(ii) if no such court exists under clause 
                        (i), the district court of the United States 
                        for the district in which a substantial part of 
                        the applicable proposed agency action is 
                        situated.
                    ``(B) Right to petition.--A project sponsor may 
                obtain judicial review of the compliance by a Federal 
                agency with the relevant deadline established under 
                paragraph (1) or (2) by filing a written petition in a 
                court of competent jurisdiction.
                    ``(C) 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 (1) or (2) if the Federal agency proves by 
                clear and convincing evidence that the failure was 
                caused by--
                            ``(i) a natural disaster, act of God, or 
                        act of war that reasonably impaired the ability 
                        of the Federal agency to comply with the 
                        relevant deadline established under paragraph 
                        (1) or (2);
                            ``(ii) 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 (1) or (2);
                            ``(iii) the publication or making public of 
                        the environmental document or issuance of the 
                        authorization violating the statutory 
                        obligations of the Federal agency;
                            ``(iv) the completed application of the 
                        project sponsor under section 110 being based 
                        on fraud or material misrepresentations of 
                        fact;
                            ``(v) 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 authorizations, after the Federal 
                        agency has made a reasonable and timely request 
                        for such information; or
                            ``(vi) a lapse in appropriations of more 
                        than 2 weeks affecting 1 or more of the 
                        relevant agencies involved in the preparation 
                        of the environmental documents or 
                        authorizations.
                    ``(D) Remedy.--If a court of competent jurisdiction 
                finds that a Federal agency has failed to act in 
                accordance with this subsection, the court shall 
                provide injunctive relief, as appropriate, to give 
                effect to this section and retain jurisdiction to 
                ensure compliance with any such relief.
                    ``(E) Expedited procedures; time to decide.--The 
                reviewing court shall--
                            ``(i) establish an expedited schedule for 
                        briefing and disposition;
                            ``(ii) issue a decision as expeditiously as 
                        practicable, but not later than 120 days after 
                        the date on which the petition is filed, absent 
                        extraordinary circumstances; and
                            ``(iii) if the petition for relief is 
                        granted, issue an order requiring a decision on 
                        the covered application not later than 60 days 
                        after the date on which the order is issued.''; 
                        and
            (5) in subsection (h)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), 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 Chairman, 
                        not later than April 15 of each year,''; and
                            (ii) by striking subparagraphs (A) and (B) 
                        and inserting the following:
                    ``(A) identifies each environmental document that 
                was not completed by each lead agency by the deadline 
                described in subsection (g) and provides an explanation 
                for the failure to meet the deadline;
                    ``(B) identifies each environmental document the 
                preparation of which commenced before the date of 
                enactment of the Fiscal Responsibility Act of 2023 
                (Public Law 118-5; 137 Stat. 10) and is not yet 
                complete at the time of the report and provides an 
                explanation for the failure to complete the 
                environmental document;
                    ``(C) details the on-time completion rate of each 
                key permitting agency in adhering to applicable 
                deadlines described in subsection (g); and
                    ``(D) details the progress of each key permitting 
                agency in adhering to those deadlines as compared to 
                the completion rate during the preceding year.''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``such 
                        environmental assessment and environmental 
                        impact statement'' and inserting ``applicable 
                        environmental document'';
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) the earlier of--
                            ``(i) with respect to an environmental 
                        assessment, as applicable--
                                    ``(I) the date on which the lead 
                                agency determines that section 
                                106(b)(1)(A) requires the preparation 
                                of an environmental assessment with 
                                respect to the proposed agency action; 
                                and
                                    ``(II) the date on which the lead 
                                agency notifies the project sponsor 
                                that the application for the proposed 
                                agency action is complete; and
                            ``(ii) with respect to an environmental 
                        impact statement, as applicable--
                                    ``(I) the date on which the lead 
                                agency determines that section 
                                102(2)(C) requires the issuance of an 
                                environmental impact statement with 
                                respect to the proposed agency action; 
                                and
                                    ``(II) the date on which the lead 
                                agency notifies the project sponsor 
                                that the application for the proposed 
                                agency action is complete; and''; and
                            (iii) in subparagraph (C), by striking 
                        ``environmental assessment and environmental 
                        impact statement'' and inserting 
                        ``environmental document''; and
                    (C) by adding at the end the following:
            ``(3) Compilation.--The Chairman shall--
                    ``(A) compile the reports received by the heads of 
                lead agencies under paragraph (1) each year;
                    ``(B) provide recommendations on how to improve the 
                performance of Federal agencies in adhering to the 
                deadlines described in subsection (g); and
                    ``(C) 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 15 of the applicable year.''.

SEC. 1107. PROGRAMMATIC ENVIRONMENTAL DOCUMENT.

    Section 108 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4336b) is amended, in each of paragraphs (1) and (2), by 
striking ``5 years'' and inserting ``10 years''.

SEC. 1108. USE OF CATEGORICAL EXCLUSIONS BY OTHER AGENCIES.

    Section 109 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4336c) is amended to read as follows:

``SEC. 109. USE OF CATEGORICAL EXCLUSIONS BY OTHER AGENCIES.

    ``(a) Agency Notification to Council.--
            ``(1) Available categorical exclusions.--Not later than 30 
        days after the date of enactment of the Bipartisan American 
        Affordability and Jobs Act of 2026, each Federal agency shall 
        submit to the Council a notification of all categorical 
        exclusions of the agency, specifying whether the categorical 
        exclusion was administratively created, established by 
        Congress, or adopted pursuant to subsection (c).
            ``(2) New categorical exclusions.--Not later than 7 days 
        after the date on which a Federal agency administratively 
        creates a categorical exclusion, a categorical exclusion under 
        the jurisdiction of the applicable Federal agency is 
        established by Congress, or the Federal agency adopts a 
        categorical exclusion of another Federal agency pursuant to 
        subsection (c), the Federal agency shall submit to the Chairman 
        a notification of the creation, establishment, or adoption, as 
        applicable, of that categorical exclusion.
    ``(b) Record of Categorical Exclusions.--The Council shall 
maintain, on the website of the Council, an accurate and publicly 
available record of each categorical exclusion that--
            ``(1) is created by a Federal agency;
            ``(2) has been established by Congress; or
            ``(3) has been adopted by a Federal agency pursuant to 
        subsection (c).
    ``(c) Adoption of Categorical Exclusions by Other Agencies.--
            ``(1) In general.--A Federal agency may adopt a categorical 
        exclusion of another Federal agency listed in the record 
        required under subsection (b) for which the categorical 
        exclusion was established consistent with this subsection.
            ``(2) Requirements.--In adopting a categorical exclusion 
        under paragraph (1), a Federal agency shall--
                    ``(A) identify the categorical exclusion included 
                on the record described in subsection (b) that covers a 
                category of proposed agency actions or related actions;
                    ``(B) 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 
                appropriate; and
                    ``(C) publicly document adoption of the categorical 
                exclusion.''.

SEC. 1109. APPLICATIONS FOR AUTHORIZATIONS.

    Section 110 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4336d) is amended to read as follows:

``SEC. 110. APPLICATIONS FOR AUTHORIZATIONS.

    ``(a) Application Sufficiency.--
            ``(1) Notification of complete or incomplete application.--
        Unless a shorter deadline is specified by law, in connection 
        with a proposed agency action for which a project sponsor 
        submitted an application for an authorization to a Federal 
        agency, not later than 60 days after the date on which the 
        project sponsor submits the application, the Federal agency 
        shall--
                    ``(A) document receipt of the application; and
                    ``(B)(i) notify the project sponsor that the 
                application is complete; or
                    ``(ii) notify the project sponsor that the 
                application is incomplete and request, in writing, any 
                additional information that the Federal agency needs to 
                determine that the application is complete.
            ``(2) Agency determination.--
                    ``(A) Complete determination.--If a Federal agency 
                determines that an application is complete under 
                paragraph (1)(B)(i), the Federal agency shall, not 
                later than 60 days after the date on which the Federal 
                agency makes that determination, unless a shorter 
                period is provided for by law--
                            ``(i) notify the project sponsor that the 
                        Federal agency has determined that--
                                    ``(I) the proposed agency action--
                                            ``(aa) is excluded pursuant 
                                        to a categorical exclusion; or
                                            ``(bb) is not a major 
                                        Federal action; or
                                    ``(II) no further agency action is 
                                required;
                            ``(ii) notify the project sponsor that the 
                        agency has determined that preparation of an 
                        environmental assessment is necessary; or
                            ``(iii) issue a notice of intent to prepare 
                        an environmental impact statement for the 
                        proposed agency action.
                    ``(B) Incomplete determination.--If a Federal 
                agency requests additional information under paragraph 
                (1)(B)(ii), the deadline described in subparagraph (A) 
                shall be based on the date on which the Federal agency 
                receives the additional information instead of the date 
                on which the determination is made.
    ``(b) Additional Application Information.--Unless otherwise 
required by law, in addition to any information required by a Federal 
agency for an application for authorization for a proposed agency 
action requiring an environmental review, a project sponsor shall 
submit to the applicable Federal agency--
            ``(1) a list of each known Federal, State, Tribal, or local 
        authorization required to complete the proposed agency action;
            ``(2) a record of stakeholder engagement for the proposed 
        agency action as of the date of the application; and
            ``(3) a brief description of a statement of purpose and 
        need for the proposed agency action, including, to the extent 
        practicable, the location of the project and any known 
        alternatives.''.

SEC. 1110. JUDICIAL REVIEW.

    Title I of the National Environmental Policy Act of 1969 (as 
amended by section 1102(b)(1)) is amended by inserting after section 
110 (42 U.S.C. 4336d) the following:

``SEC. 111. JUDICIAL REVIEW.

    ``(a) Definition of Claim.--In this section, the term `claim' means 
a claim that--
            ``(1) is filed on or after the date of enactment of the 
        Bipartisan American Affordability and Jobs Act of 2026; and
            ``(2) 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 Act.
    ``(b) Limitations on Claims.--Notwithstanding any other provision 
of law, a claim shall be barred unless the claim--
            ``(1) is filed not later than 150 days after the date on 
        which, unless a shorter deadline is specified under Federal 
        law--
                    ``(A) in the case of a claim in which an 
                environmental impact statement was prepared, the 
                applicable authorization was published in the Federal 
                Register; and
                    ``(B) in the case of any other claim, the 
                authorization was made public;
            ``(2) in the case of an authorization for which an 
        opportunity for comment was provided, the claim is filed by a 
        party that submitted a substantive comment during a public 
        comment period associated with that authorization, with such 
        comment being sufficiently detailed to put the applicable 
        Federal agency on notice of the particular issue on which the 
        party seeks judicial review; and
            ``(3) is filed by a party alleging (or has an individual 
        member alleging) an actual or imminent injury in fact amounting 
        to a direct harm.
    ``(c) Procedural Matters for Claims.--
            ``(1) Original jurisdiction.--The court of appeals of the 
        United States for the circuit in which a project subject to an 
        authorization will be constructed, expanded, or operated shall 
        have original and exclusive jurisdiction over a claim.
            ``(2) 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 appeals.
            ``(3) Random assignment of cases.--To the maximum extent 
        practicable, a court of appeals of the United States shall 
        randomly assign judges appointed, designated, or assigned to 
        sit as judges of the court to hear claims in a manner to avoid 
        the appearance of favoritism or bias.
            ``(4) Deadlines for resolution.--A court of appeals of the 
        United States shall render a final judgment with respect to a 
        claim as expeditiously as possible.
            ``(5) Remedy.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and notwithstanding any other 
                provision of law, if a court determines that an 
                authorization does not comply with the requirements of 
                this Act, the only remedy the court may order to 
                redress that violation is to remand, without vacatur or 
                issuance of an injunction, the applicable authorization 
                to the agency with--
                            ``(i) specific instructions to correct 
                        errors or deficiencies found by the court; and
                            ``(ii) a reasonable schedule and deadline 
                        for the agency to act on remand, which shall 
                        not exceed 180 days after the date on which the 
                        order of the court was entered.
                    ``(B) Preliminary injunctions.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A) and subject to clause (ii), a 
                        court may issue a preliminary injunction for 
                        the applicable authorization when--
                                    ``(I) there is a substantial 
                                likelihood the authorization violates a 
                                Federal law other than--
                                            ``(aa) this Act; or
                                            ``(bb) division A of 
                                        subtitle III of title 54, 
                                        United States Code;
                                    ``(II) necessary to prevent 
                                irreparable harm to the plaintiff;
                                    ``(III) the balance of equities 
                                favors the plaintiff; and
                                    ``(IV) a preliminary injunction is 
                                in the public interest.
                            ``(ii) Requirements.--A preliminary 
                        injunction issued by a court under clause (i) 
                        shall last no longer than the time the court 
                        finds is reasonably necessary--
                                    ``(I) for the correction of the 
                                violation described in clause (i)(I); 
                                and
                                    ``(II) to prevent the irreparable 
                                harm described in clause (i)(II).
            ``(6) Remanded actions.--
                    ``(A) Continued effect of authorization.--An 
                authorization remanded under paragraph (5)(A) shall 
                remain in effect while the Federal agency corrects any 
                errors or deficiencies found by the reviewing court.
                    ``(B) Federal action during remand.--The activity 
                that is the subject of an authorization remanded under 
                paragraph (5)(A) may, notwithstanding that remand, be 
                carried out, including during the time prescribed by 
                the applicable court to correct the applicable errors 
                or deficiencies.
            ``(7) Treatment of supplemental or revised environmental 
        documents.--
                    ``(A) In general.--For purposes of a claim--
                            ``(i) a supplemental or revised 
                        environmental document for an authorization, 
                        when required by court order, shall be 
                        considered to be a separate environmental 
                        document; and
                            ``(ii) the deadline for filing a claim for 
                        judicial review of an authorization described 
                        in clause (i) shall be the date that is 150 
                        days after the date on which the authorization 
                        for which the supplemental environmental 
                        document is prepared is made public by the 
                        agency, unless a shorter time is specified in 
                        the Federal law pursuant to which judicial 
                        review is authorized.
                    ``(B) Limitation.--A claim for review of an 
                authorization described in subparagraph (A)(i) shall be 
                limited to information contained in the final 
                supplemental environmental documents that was not 
                contained in a previous environmental document for the 
                authorization.
            ``(8) Actions for use of tribal trust resources.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), for any action that authorizes the 
                use of lands, minerals, or other resources held in 
                trust at the time of a final agency action by the 
                United States for the benefit of an Indian Tribe, 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 Act.
                    ``(B) Exceptions.--Subparagraph (A) shall not apply 
                to an action for administrative or judicial review--
                            ``(i) brought by the Indian Tribe for which 
                        the United States holds the lands, minerals, or 
                        other resources in trust; or
                            ``(ii) that involves reasonably foreseeable 
                        effects of the final agency action that occur 
                        outside the lands, minerals, or other resources 
                        held in trust by the United States for the 
                        benefit of an Indian Tribe.
    ``(d) Role of Court.--In reviewing a claim of whether an 
authorization complies with the requirements of this Act, a court shall 
afford substantial deference to the agency relating to the scope and 
contents of an environmental document.
    ``(e) Prohibition on Certain Claims and Judicial Review.--
Notwithstanding any other provision of law, 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 3(22)(B).
    ``(f) Effect.--Nothing in this section--
            ``(1) establishes a cause of action or a right to judicial 
        review;
            ``(2) places any limit on filing a claim that a person has 
        violated the terms of an authorization; or
            ``(3) affects the right to obtain review under section 
        107(g)(4).''.

              Subtitle B--Council on Environmental Quality

SEC. 1121. COUNCIL ON ENVIRONMENTAL QUALITY.

    (a) In General.--Title II of the National Environmental Policy Act 
of 1969 is amended by striking section 209 (42 U.S.C. 4347) and 
inserting the following:

``SEC. 209. ENEPA TECHNOLOGIES.

    ``(a) Definitions.--In this section:
            ``(1) Authorization data.--The term `authorization data' 
        means--
                    ``(A) any data relevant for a Federal agency--
                            ``(i) to determine the effect on the 
                        environment of an action for which an 
                        authorization is required by the Federal 
                        agency; and
                            ``(ii) to determine whether to issue such 
                        authorization; and
                    ``(B) any community input or public comment on such 
                determinations.
            ``(2) Data architecture.--The term `data architecture' 
        means the design and organization of data systems, including 
        frameworks for data storage, processing, and exchange.
            ``(3) Data standards.--The term `data standards' means 
        agreed-on specifications for data formats, structures, and 
        definitions to ensure consistency and vendor-neutral 
        interoperability, as established under subsection (b)(1).
            ``(4) Minimum functional requirements.--The term `minimum 
        functional requirements' means the requirements published under 
        subsection (b)(2)(A)(ii).
    ``(b) Establishment of Data Standards and Publication of 
Implementation Guidance.--
            ``(1) Establishment of standards.--
                    ``(A) In general.--Not later than 60 days after the 
                date of enactment of the Bipartisan American 
                Affordability and Jobs Act of 2026, the Chairman, in 
                consultation with the Chief Information Officers 
                Council, the Office of Management and Budget, and each 
                key permitting agency, shall develop, publish, and 
                iteratively update data standards for the collection 
                and curation of authorization data by Federal agencies, 
                which shall be used--
                            ``(i) to assist with environmental reviews 
                        and authorizations;
                            ``(ii) to organize, define, and standardize 
                        various concepts, formats, and protocols that 
                        are included in environmental reviews and 
                        authorizations; and
                            ``(iii) to reduce the need for redundant 
                        environmental reviews by creating a shared 
                        vocabulary and software systems that will 
                        support vendor neutrality, data 
                        interoperability, workflow automation, and 
                        automatic data exchange between Federal 
                        agencies.
                    ``(B) Inclusions.--The data standards shall 
                include--
                            ``(i) a standardized taxonomy that allows 
                        Federal agencies to identify and track data 
                        types, relationships, and values; and
                            ``(ii) comprehensive categories for data, 
                        such as--
                                    ``(I) projects;
                                    ``(II) processes;
                                    ``(III) environmental documents;
                                    ``(IV) public comments;
                                    ``(V) geospatial information;
                                    ``(VI) public engagement events, as 
                                applicable by process or Federal 
                                agency;
                                    ``(VII) case events; and
                                    ``(VIII) milestones to ensure 
                                clarity and uniformity.
            ``(2) Publication of guidance for implementation of data 
        standards and minimum functional requirements.--
                    ``(A) Publication.--Not later than 120 days after 
                the date of enactment of the Bipartisan American 
                Affordability and Jobs Act of 2026, the Chairman shall 
                publish guidance for how each Federal agency 
                responsible for environmental reviews or authorizations 
                shall implement the following:
                            ``(i) The data standards.
                            ``(ii) The following minimum functional 
                        requirements:
                                    ``(I) Application data sharing that 
                                enables automated transfer of relevant 
                                environmental review and authorization 
                                data among Federal agencies.
                                    ``(II) 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 action, 
                                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 land.
                                    ``(III) Public availability of 
                                screening criteria and related decision 
                                models.
                                    ``(IV) Automated case or project 
                                management tools that include a 
                                repository of relevant data and 
                                metadata that enable advanced tracking, 
                                reporting, and optimization to aid 
                                workflows.
                                    ``(V) 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 area.
                                    ``(VI) Document management tools 
                                that preserve metadata associated with 
                                geospatial analysis, modeling, 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 decisions.
                                    ``(VII) Automated comment 
                                compilation and analysis tools, 
                                including services for comment 
                                categorization and response that handle 
                                the lifecycle of comment submission, 
                                analysis, categorization, and response 
                                with artificial intelligence support 
                                where appropriate.
                                    ``(VIII) Administrative record 
                                management tools that maintain portable 
                                document formats and data-rich 
                                repositories accessible to machine and 
                                human users.
                                    ``(IX) Common or interoperable 
                                Federal agency services that integrate 
                                shared services, shared applications, 
                                and common user experiences for Federal 
                                agency staff, project sponsors, and the 
                                public.
                    ``(B) Inclusions.--The guidance published under 
                subparagraph (A) shall include the following:
                            ``(i) Guidelines for cloud-based storage, 
                        data sharing protocols, and application 
                        programming interfaces to enable the Chairman 
                        to work with Federal agencies to use 
                        authorization data--
                                    ``(I) to aid Federal agencies in 
                                modernizing their environmental reviews 
                                and authorizations; and
                                    ``(II) for iterative development of 
                                the authorization portal described in 
                                subsection (d)(2)(B).
                            ``(ii) Provisions that support scalability 
                        and adaptability of the minimum requirements to 
                        emerging technologies.
    ``(c) Agency Implementation.--
            ``(1) Implementation.--The head of each key permitting 
        agency shall--
                    ``(A) not later than 90 days after the date of 
                enactment of the Bipartisan American Affordability and 
                Jobs Act of 2026--
                            ``(i) 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 Chairman;
                            ``(ii) assess whether existing Federal 
                        agency technological capabilities are 
                        consistent with the data standards and the 
                        minimum functional requirements;
                            ``(iii) submit to the Chairman a report 
                        that estimates the completion dates for 
                        implementing the data standards and the minimum 
                        functional requirements; and
                            ``(iv) submit to the Chairman an 
                        implementation plan that--
                                    ``(I) describes how the Federal 
                                agency will implement the data 
                                standards and the minimum functional 
                                requirements; and
                                    ``(II) describes how, to the extent 
                                the Federal agency determines necessary 
                                to meet relevant statutory 
                                requirements, the Federal agency will 
                                adopt or implement the prototype tools 
                                tested, designed, and built under 
                                subsection (d)(1); and
                    ``(B) not later than 180 days after that date of 
                enactment, begin implementing the data standards 
                published and the minimum functional requirements.
            ``(2) Report.--Not less frequently than twice each year, 
        the Chief Information Officer of each key permitting agency, in 
        consultation with the CERPO of each key permitting agency, 
        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 (1).
    ``(d) Development of ENEPA Technologies.--
            ``(1) Prototype tools.--
                    ``(A) In general.--The Chairman, in consultation 
                with the Administrator of General Services, the Chief 
                Information Officers Council, the Director of the 
                Office of Management and Budget, and each key 
                permitting agency shall design, test, and build 
                prototype tools for environmental reviews and 
                authorizations that will assist Federal agencies in 
                implementing the minimum functional requirements.
                    ``(B) Priority.--The Chairman shall prioritize 
                designing, testing, and building tools under this 
                paragraph that--
                            ``(i) support authorization case or project 
                        management systems that--
                                    ``(I) manage tasks, milestones, and 
                                activities associated with 
                                environmental reviews and 
                                authorizations; and
                                    ``(II) provide Federal agencies 
                                more data and insight into such reviews 
                                and authorizations;
                            ``(ii) enable--
                                    ``(I) application submission and 
                                tracking portals used by project 
                                sponsors, enabling greater 
                                transparency; and
                                    ``(II) public comment opportunity 
                                tracking portals to increase 
                                transparency;
                            ``(iii) facilitate automated applications, 
                        environmental reviews, and authorizations;
                            ``(iv) allow data exchange between Federal 
                        agency systems; and
                            ``(v) accelerate complex environmental 
                        reviews.
            ``(2) Epermit unified interagency data system.--
                    ``(A) Epermit unified interagency data system.--To 
                the maximum extent practicable, 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 
                authorizations.
                    ``(B) Authorization portal.--
                            ``(i) In general.--The shared services 
                        developed and maintained under subparagraph (A) 
                        shall include a common interactive, digital, 
                        cloud-based authorization portal, which shall--
                                    ``(I) be designed in a manner 
                                consistent with--
                                            ``(aa) 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 42 U.S.C. 4332(2)(C)'; 
                                        and
                                            ``(bb) the minimum 
                                        functional requirements;
                                    ``(II) 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 section;
                                    ``(III) be supported by a 
                                decentralized, cross-network digital 
                                infrastructure software that ensures 
                                vendor neutrality and interoperability 
                                of data and models across Federal 
                                agencies;
                                    ``(IV) include a mechanism for the 
                                dissemination of relevant information 
                                (such as a notice of intent for public 
                                comment, public meetings, project 
                                statuses, or a notice of intent to 
                                begin an environmental review) to local 
                                communities, as applicable;
                                    ``(V) allow a project sponsor to 
                                submit all necessary documentation for 
                                environmental reviews and 
                                authorizations in 1 unified and secure 
                                portal;
                                    ``(VI) support interactive, 
                                digital, and cloud-based tools enabling 
                                project sponsors to edit documents and 
                                collaborate with relevant Federal 
                                agencies in real time;
                                    ``(VII) support visual features, 
                                including video, animation, geographic 
                                information system displays, 
                                interactive maps, and three-dimensional 
                                renderings;
                                    ``(VIII) provide for the exchange 
                                of information to and from Federal 
                                agency data systems via an application 
                                programming interface or another 
                                reporting mechanisms;
                                    ``(IX) allow for the submission of 
                                geospatial data associated with project 
                                location, footprint, and impact;
                                    ``(X) support automatic 
                                documentation of submission and process 
                                timelines; and
                                    ``(XI) allow certain metrics to be 
                                tracked over time, including--
                                            ``(aa) estimates of 
                                        achieved efficiencies, such as 
                                        reductions in the time between 
                                        receipt of applications and 
                                        final authorization decisions;
                                            ``(bb) comparisons of 
                                        authorization timelines before 
                                        and after the implementation of 
                                        the Bipartisan American 
                                        Affordability and Jobs Act of 
                                        2026;
                                            ``(cc) usage of the 
                                        authorization portal and other 
                                        statistics from the Digital 
                                        Analytics Program of the 
                                        General Services 
                                        Administration;
                                            ``(dd) metrics on the 
                                        number of public comments 
                                        received, responses provided, 
                                        and community meetings held;
                                            ``(ee) the number of 
                                        projects subject to litigation 
                                        based on authorization 
                                        deficiencies or inefficiencies;
                                            ``(ff) a list of Federal 
                                        agencies that are not yet fully 
                                        compliant with the data 
                                        standards and the minimum 
                                        functional requirements, 
                                        including their progress toward 
                                        compliance; and
                                            ``(gg) examples or 
                                        repositories of Federal agency-
                                        developed digital workflows 
                                        enabled by the implementation 
                                        of this Act, including 
                                        visualizations of data sharing, 
                                        authorizations and decision 
                                        logic, and environmental 
                                        reviews.
                            ``(ii) Administrative support.--The 
                        Administrator of General Services shall host 
                        the authorization portal as a shared service 
                        for Congress, Federal agencies, and the public.
                            ``(iii) Accessibility.--The authorization 
                        portal shall be accessible to Congress, Federal 
                        agencies, and the public, with appropriate 
                        safeguards to protect sensitive or classified 
                        information and information restricted by user 
                        type as appropriate.
                            ``(iv) Public accessibility.--To the extent 
                        practicable and consistent with other law, the 
                        authorization portal shall provide public 
                        access to non-sensitive data, including 
                        authorization timelines, location, project 
                        type, environmental reviews, and mitigation 
                        measures.
                            ``(v) Congressional access and oversight.--
                                    ``(I) 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 agencies.
                                    ``(II) Artificial intelligence 
                                support systems and training 
                                materials.--Congress shall have access 
                                to the data, fine-tuning procedures, 
                                and prompt configurations specifically 
                                created or adapted for artificial 
                                intelligence systems used to support 
                                environmental review or authorization 
                                activities, excluding proprietary or 
                                general pre-training materials 
                                unrelated to such agency-specific 
                                customization.
                                    ``(III) Technical assistance.--The 
                                Chairman shall provide to Congress 
                                technical assistance, on request, to 
                                ensure effective use of the 
                                authorization portal and artificial 
                                intelligence systems for oversight 
                                purposes.
                    ``(C) Cybersecurity and compliance 
                considerations.--The authorization portal shall be 
                designed to promote vendor neutral interoperability, 
                reduce redundancy, and ensure compliance and 
                coordination with other laws, including--
                            ``(i) section 552a of title 5, United 
                        States Code (commonly known as the `Privacy Act 
                        of 1974');
                            ``(ii) subchapter II of chapter 35 of title 
                        44, United States Code;
                            ``(iii) the Federal Risk and Authorization 
                        Management Program established by section 3608 
                        of title 44, United States Code; and
                            ``(iv) the Cybersecurity and Infrastructure 
                        Security Agency of the Department of Homeland 
                        Security, in any case in which a project is in 
                        coordination with a Federal agency with 
                        stringent security requirements.
            ``(3) Deadlines.--
                    ``(A) Shared services pilot.--Not later than 1 year 
                after the date of enactment of the Bipartisan American 
                Affordability and Jobs Act of 2026, the Chairman shall 
                oversee piloting of shared services for environmental 
                reviews and authorizations, including the authorization 
                portal under paragraph (2)(B).
                    ``(B) Unified system development and 
                implementation.--To the maximum extent practicable, not 
                later than December 1, 2028, the Chairman shall develop 
                and implement the ePermit unified interagency data 
                system under paragraph (2).
    ``(e) Agency and Personnel Performance.--
            ``(1) 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 authorizations.
            ``(2) Requirements.--In developing the performance measures 
        under paragraph (1), the Chairman shall--
                    ``(A) coordinate with--
                            ``(i) the agency CERPO for each key 
                        permitting agency;
                            ``(ii) the Performance Improvement Officer 
                        for each key permitting agency;
                            ``(iii) the Chief Human Capital Officer for 
                        each key permitting agency;
                            ``(iv) the Director of the Office of 
                        Management and Budget; and
                    ``(B) consider how eNEPA technologies assist in the 
                assessment of--
                            ``(i) 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 agencies;
                            ``(ii) areas of poor performance among the 
                        department, program, district, field, region, 
                        and other subsidiaries of each key permitting 
                        agency for the purpose of providing additional 
                        support and oversight;
                            ``(iii) areas of high performance among the 
                        department, program, district, field, region, 
                        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 agency; and
                            ``(iv) opportunities for the Chairman to 
                        expend funds from the Permitting Improvement 
                        Fund established by section 1133(a) of the 
                        Bipartisan American Affordability and Jobs Act 
                        of 2026 to facilitate higher performance of 
                        agencies and agency personnel with respect to 
                        environmental reviews and authorizations.
    ``(f) Authority To Enter Into Contracts.--Subject to the 
availability of appropriations, the Chairman may enter into contracts 
and other arrangements for analyses, services, and products with 
Federal agencies, private organizations, and businesses, and make such 
payments as determined necessary by the Chairman to carry out this 
section.
    ``(g) Annual Report.--Not less frequently than annually, the 
Chairman, in consultation with the Chief Information Officers Council 
and other relevant Federal agencies, as determined by the Chairman, 
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--
            ``(1) the progress of the Chairman in developing the 
        ePermit unified interagency data system under subsection 
        (d)(2); and
            ``(2) the performance of each key permitting agency under 
        subsection (e), as compared to the previous year.
    ``(h) Savings Provisions.--
            ``(1) 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 law.
            ``(2) No restriction.--To the extent that a data system, 
        technology, or tool developed or incorporated into a unified 
        interagency data system under this section is not limited by 
        project type, the data system, technology, or tool shall not 
        have its use be restricted by project type.

``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this Act 
$5,000,000 for each fiscal year.''.
    (b) Technical Amendment.--Section 202 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4342) is amended, in the first sentence, 
by striking ``(hereinafter referred to as the `Council')''.

               Subtitle C--Federal Permitting Improvement

SEC. 1131. DEFINITIONS.

    In this subtitle:
            (1) Applicable deadlines.--The term ``applicable 
        deadlines'' means the deadlines described in section 107(g) of 
        the National Environmental Policy Act of 1969 (42 U.S.C. 
        4336a(g)).
            (2) Applicable schedule.--The term ``applicable schedule'' 
        means the schedule established for a transparency project under 
        subsection (a)(1)(C)(iv) of section 107 of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4336a).
            (3) NEPA terms.--The terms ``authorization'', ``Chairman'', 
        ``Council'', ``environmental assessment'', ``environmental 
        impact statement'', ``environmental review'', ``key permitting 
        agency'', ``lead agency'', ``project sponsor'', and ``statement 
        of purpose and need'' have the meanings given those terms in 
        section 3 of the National Environmental Policy Act of 1969.
            (4) Tracker.--The term ``Tracker'' means the Environmental 
        Review and Permitting Tracker required under section 1132.
            (5) Transparency project.--The term ``transparency 
        project'' means--
                    (A) a proposed agency action requiring the 
                preparation of an environmental impact statement; or
                    (B) a proposed agency action requiring the 
                preparation of an environmental assessment that has not 
                been completed by the date that is 13 months after the 
                deadline established for the project under paragraph 
                (1)(A) of section 107(g) of the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4336a(g)).

SEC. 1132. ENVIRONMENTAL REVIEW AND PERMITTING TRACKER.

    (a) In General.--The Chairman, in coordination with the General 
Services Administration, shall maintain an online database, to be known 
as the ``Environmental Review and Permitting Tracker'', to track the 
status of Federal environmental reviews and authorizations for each 
transparency project.
    (b) List of Transparency Projects.--The Tracker shall include an 
up-to-date list of all transparency projects.
    (c) Creation of Tracker Entries.--
            (1) In general.--The Chairman shall create a specific entry 
        on the Tracker for a transparency project not later than--
                    (A) in the case of a transparency project described 
                in section 1131(5)(A), the date that is 14 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 107(c) of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4336a(c)); 
                and
                    (B) in the case of a transparency project described 
                in section 1131(5)(B), the date that is 13 months and 
                14 days after the deadline established for that 
                transparency project under paragraph (1)(A) of section 
                107(g) of the National Environmental Policy Act of 1969 
                (42 U.S.C. 4336a(g)).
            (2) 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 (1).
            (3) Exclusions.--Any environmental review relating to an 
        action taken by a Federal agency to develop a rule under 
        subchapter II of chapter 5 and chapter 7 of title 5, United 
        States Code (commonly known as ``Administrative Procedure 
        Act''), shall not be included on the Tracker.
    (d) Content of Tracker Postings.--
            (1) Transparency projects.--For each transparency project 
        added to the Tracker under subsection (c)(1), the Chairman 
        shall post the most up-to-date information, including--
                    (A) a description of the location and major 
                features of the transparency project;
                    (B) the statement of purpose and need for the 
                transparency project, consistent with section 107(d) of 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4336a(d));
                    (C) contact information, including the email 
                address, of--
                            (i) a representative of the project sponsor 
                        of the transparency project; and
                            (ii) a representative of the lead agency 
                        for the transparency project;
                    (D) the status of the compliance of each agency 
                with respect to the applicable schedule and applicable 
                deadlines for the transparency project, to be updated 
                quarterly, including each modification of the 
                applicable schedule, which shall describe--
                            (i) an explanation of each modification, 
                        including whether the modification is due to a 
                        delay on the part of an agency or the project 
                        sponsor;
                            (ii) the time period modified from the 
                        originally projected applicable schedule; and
                            (iii) any subsequent modifications from 
                        prior modifications, including whether such 
                        subsequent modification is due to a delay on 
                        the part of an agency or the project sponsor; 
                        and
                    (E) a description of the status of any litigation 
                that is directly related to the transparency project, 
                including, if practicable, any judicial document made 
                available on an electronic docket maintained by a 
                Federal, State, or local court.
            (2) Publication.--All information described in this 
        subsection shall be posted on the website of the Council not 
        later than 7 days after the date on which the lead agency or 
        the Chairman receives the information.

SEC. 1133. PERMITTING IMPROVEMENT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Permitting Improvement 
Fund'' (referred to in this section as the ``Fund'').
    (b) 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 1969 (42 U.S.C. 4321 et seq.).
    (c) Transfer Authority.--Amounts in the Fund shall be available to 
the Chairman to transfer to a key permitting agency for 1 or more uses 
described in subsection (d).
    (d) Use of Amounts.--Amounts transferred under subsection (c) shall 
be used by a key permitting agency--
            (1) to support interagency detailee and rotation 
        opportunities;
            (2) to facilitate professional development;
            (3) to enhance support for agency project managers;
            (4) to support standardizing processes among regional and 
        field offices;
            (5) to improve opportunities for public engagement; or
            (6) for any other use, as determined by the Chairman, 
        consistent with the purpose of the Fund.
    (e) Effect on Decisionmaking.--The use of funds under subsection 
(d) by a key permitting agency shall not impact the impartial 
decisionmaking of the key permitting agency with respect to 
environmental reviews or authorizations, either procedurally or 
substantively.
    (f) Authorization of Appropriation.--There is authorized to be 
appropriated to the Fund $20,000,000 for each of fiscal years 2027 
through 2033.

                       TITLE II--CLEAN WATER ACT

SEC. 1201. WATER QUALITY CRITERIA.

    (a) Administrative Procedure.--Section 304(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1314(a)) is amended by adding at the 
end the following:
            ``(10) Administrative procedure.--In developing any 
        criterion under this subsection, the Administrator shall carry 
        out a rulemaking under section 553 of title 5, United States 
        Code.''.
    (b) Judicial Review.--Section 509(b)(1) of the Federal Water 
Pollution Control Act (33 U.S.C. 1369(b)(1)) is amended, in the first 
sentence--
            (1) by striking ``402, and (G)'' and inserting ``402, 
        (G)''; and
            (2) by inserting ``(H) in finalizing any criteria under 
        section 304(a), and (I) in defining the scope of the term 
        `waters of the United States' for purposes of this Act,'' after 
        ``section 304(l),''.

SEC. 1202. CLEAN WATER ACT PERMITTING AND STATE CERTIFICATION.

    Section 401 of the Federal Water Pollution Control Act (33 U.S.C. 
1341) is amended by adding at the end the following:
    ``(e) Certification Procedures, Requirements, and Limitations.--
            ``(1) Effect of certain certification actions.--
                    ``(A) Certification or waiver.--If a certifying 
                authority grants a certification application or if a 
                certifying authority waives the certification 
                requirement for a certification application, 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 permit.
                    ``(B) Certification with conditions.--
                            ``(i) In general.--If a certifying 
                        authority grants a certification application 
                        with conditions, 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 permit, subject to 
                        the conditions included in the certification.
                            ``(ii) Savings clause.--Nothing in this 
                        subparagraph affects paragraph (2)(B).
            ``(2) Scope of certification.--
                    ``(A) In general.--The scope of a certification 
                provided under this section shall be limited to 
                ensuring compliance with water quality requirements.
                    ``(B) Prohibition.--In reviewing a certification 
                application, no certifying authority may--
                            ``(i) 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 requirements; 
                        or
                            ``(ii) grant certification with conditions, 
                        except for conditions that the certifying 
                        authority determines by clear and convincing 
                        evidence are--
                                    ``(I) necessary to ensure 
                                compliance with water quality 
                                requirements;
                                    ``(II) the least burdensome 
                                conditions to ensure compliance with 
                                water quality requirements; and
                                    ``(III) consistent with the 
                                requirements of the Federal license or 
                                permit for which the certification 
                                application was made.
                    ``(C) 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 requirements.
            ``(3) Required procedures.--
                    ``(A) Notice and hearings.--Taking into account 
                State or Tribal law, as appropriate, and the review 
                period described in paragraph (4), each certifying 
                authority shall establish procedures for--
                            ``(i) public notice in the case of all 
                        certification applications;
                            ``(ii) to the extent the certifying 
                        authority determines to be appropriate, public 
                        hearings in connection with specific 
                        certification applications; and
                            ``(iii) a prefiling meeting as described in 
                        subparagraph (B).
                    ``(B) Prefiling meeting.--
                            ``(i) Request.--Before submitting a 
                        certification application, the prospective 
                        applicant may request a prefiling meeting with 
                        the certifying authority--
                                    ``(I) to ensure that the certifying 
                                authority receives early notification 
                                of projects for which a certification 
                                under subsection (a) is necessary; and
                                    ``(II) to discuss informational 
                                needs with the certifying authority 
                                before submitting the application.
                            ``(ii) Response required.--If a prospective 
                        applicant requests a prefiling meeting with a 
                        certifying authority pursuant to clause (i), 
                        the certifying authority shall--
                                    ``(I) respond to the request not 
                                later than 30 days after the date on 
                                which the request is received; and
                                    ``(II) hold the prefiling meeting 
                                with the prospective applicant not 
                                later than 60 days after the date on 
                                which the request is received.
                    ``(C) Certification applications.--
                            ``(i) Application in writing.--A 
                        certification application shall be made in 
                        writing to the applicable certifying authority.
                            ``(ii) Requirements for complete 
                        application.--A complete certification 
                        application shall consist of the following:
                                    ``(I) Identification of each 
                                applicant for the Federal license or 
                                permit with respect to which the 
                                certification application is made.
                                    ``(II) A statement that information 
                                included in the certification 
                                application is truthful, accurate, and 
                                complete, to the best knowledge of each 
                                such applicant.
                                    ``(III) In the case of a 
                                certification application with respect 
                                to an individual permit or license--
                                            ``(aa) identification of 
                                        the Federal license or permit 
                                        that is the subject of the 
                                        certification application with 
                                        respect to which the 
                                        certification is requested;
                                            ``(bb) identification of 
                                        any activity the conduct of 
                                        which is subject to the Federal 
                                        license or permit;
                                            ``(cc) identification of 
                                        the location and nature of any 
                                        discharge that may result from 
                                        the activity, and the location 
                                        of the receiving waters;
                                            ``(dd) a description of 
                                        means that may be used to 
                                        monitor, control, or manage any 
                                        such discharge; and
                                            ``(ee) a list of all other 
                                        Federal, interstate, Tribal, 
                                        State, or local agency 
                                        authorizations related to the 
                                        requirement for a certification 
                                        under subsection (a), and any 
                                        approval or denial of such an 
                                        authorization already received.
                                    ``(IV) Any additional materials 
                                required by the applicable certifying 
                                authority pursuant to clause (iii), 
                                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 promulgated.
                            ``(iii) Additional materials.--
                                    ``(I) 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 (I) through (III) of 
                                clause (ii) that the certifying 
                                authority determines are necessary to 
                                demonstrate to the certifying authority 
                                compliance with water quality 
                                requirements.
                                    ``(II) Requirement.--In 
                                promulgating regulations under 
                                subclause (I), 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 
                                submitted.
                                    ``(III) Effect of failure to 
                                promulgate.--If a certifying authority 
                                fails to promulgate regulations under 
                                subclause (I), a certification 
                                application to that certifying 
                                authority shall be considered complete 
                                if the certification application 
                                includes all of the items described in 
                                subclauses (I) through (III) of clause 
                                (ii).
                            ``(iv) Acknowledgment of receipt.--Not 
                        later than 3 days after the date on which an 
                        applicant submits to a certifying authority a 
                        certification application for an individual 
                        Federal license or permit, the certifying 
                        authority shall acknowledge receipt of the 
                        certification application in writing.
                            ``(v) Notification of complete application 
                        or identification of missing materials.--Not 
                        later than 90 days after the date on which a 
                        certifying authority acknowledges receipt of a 
                        certification application under clause (iv), 
                        the certifying authority shall--
                                    ``(I) provide the applicant a 
                                written notification that the 
                                certification application is complete; 
                                or
                                    ``(II) identify to the applicant in 
                                writing all specific additional 
                                materials or information described in 
                                clause (ii) necessary for the 
                                certification application to be 
                                considered complete, including, for 
                                each such additional piece of material 
                                or information, 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 requirement.
                            ``(vi) Petition to court.--
                                    ``(I) Right to petition.--An 
                                applicant may petition for judicial 
                                review of an alleged failure by a 
                                certifying authority to act in 
                                accordance with clauses (ii) through 
                                (v) by filing a written petition in a 
                                court of competent jurisdiction.
                                    ``(II) Considerations.--In 
                                reviewing a petition under this 
                                subclause, a reviewing court shall 
                                consider--
                                            ``(aa) the administrative 
                                        record, which shall consist of 
                                        the materials required to be 
                                        submitted under clause (ii);
                                            ``(bb) any materials or 
                                        information identified by 
                                        certifying authority as missing 
                                        pursuant to a notification 
                                        under clause (v)(II);
                                            ``(cc) the information 
                                        submitted by the applicant to 
                                        the certifying authority; and
                                            ``(dd) any evidence 
                                        presented to the court by the 
                                        applicant that suggests that 
                                        the defense of the certifying 
                                        authority to the petition is 
                                        pretextual.
                                    ``(III) Court order.--If a court, 
                                in reviewing a petition under this 
                                clause, finds that a certifying 
                                authority has failed to act in 
                                accordance with any of clauses (ii), 
                                (iv), and (v), the court shall provide 
                                injunctive relief, as appropriate, to 
                                give effect to this section.
                    ``(D) Denials of certification for individual 
                license or permit.--If a certifying authority denies a 
                certification application for an individual license or 
                permit, the certifying authority shall provide to the 
                applicant and the applicable Federal licensing or 
                permitting agency--
                            ``(i) the specific water quality 
                        requirements that the certifying authority 
                        determined will be violated if certification 
                        were granted;
                            ``(ii) a statement explaining why the 
                        certifying authority determined the identified 
                        water quality requirements will be violated; 
                        and
                            ``(iii) if the denial is due to 
                        insufficient information, a description of the 
                        specific water quality data or information, if 
                        any, that would be needed to evaluate whether 
                        granting certification will comply with water 
                        quality requirements.
            ``(4) Review period.--
                    ``(A) In general.--Subject to subparagraph (C) and 
                in consultation with each certifying authority, a 
                licensing or permitting agency shall, categorically or 
                on a case-by-case basis for each certification 
                application, establish a reasonable period of time (not 
                to exceed 1 year from the date of receipt of the 
                certification application) within which a certifying 
                authority shall issue a final action on the 
                certification application, which shall account for time 
                required under applicable State or Tribal law for 
                public notice and comment periods, if any.
                    ``(B) Failure to act.--If a certifying authority 
                fails or refuses to issue a final action as described 
                in paragraph (6) on a certification application by the 
                end of the reasonable period of time established under 
                subparagraph (A) and the reasonable period of time has 
                not been extended in accordance with subparagraph (C), 
                the requirement for a certification under subsection 
                (a) shall be waived, 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 application.
                    ``(C) Requirement for extension.--With respect to a 
                certification application, the reasonable period of 
                time established under subparagraph (A) may only be 
                extended if--
                            ``(i) the extension is requested, in 
                        writing, by the applicant; and
                            ``(ii) the certifying authority concurs, in 
                        writing, with the extension.
            ``(5) Waiver of certification requirement.--
                    ``(A) In general.--A certifying authority may, at 
                any time during the reasonable period of time described 
                in paragraph (4), affirmatively waive the requirement 
                for a certification under subsection (a).
                    ``(B) No judicial review.--Notwithstanding any 
                other provision of Federal law, including any provision 
                of this section, a waiver of the requirement for a 
                certification under this section shall not be subject 
                to judicial review.
            ``(6) Final action.--Not later than the date on which the 
        reasonable period of time established under paragraph (4) for a 
        certification application ends or on the date of a waiver 
        pursuant to paragraph (5)(A), as applicable, the certifying 
        authority shall apply only 1 of the following final actions to 
        the certification application:
                    ``(A) The certification application is granted.
                    ``(B) The certification application is granted with 
                conditions.
                    ``(C) The certification application is denied.
                    ``(D) The certification requirements under 
                subsection (a) have been waived in accordance with 
                paragraph (4) or (5) with respect to the certification 
                application.
    ``(f) Judicial Review.--
            ``(1) Burdens of proof.--When reviewing a denial of a 
        certification under this section, a court shall place the 
        burden of proof on the certifying authority to demonstrate, by 
        clear and convincing evidence, that no reasonable modifications 
        to or reasonable conditions on the certification would make it 
        possible to grant the certification without violating water 
        quality requirements.
            ``(2) Conditions.--When reviewing a challenge to 1 or more 
        conditions required by a certifying authority under this 
        section, a court shall place the burden of proof on the 
        certifying authority to demonstrate, by clear and convincing 
        evidence, that the 1 or more challenged conditions are--
                    ``(A) necessary to allow the certification to be 
                made without violating water quality requirements;
                    ``(B) the least burdensome condition or set of 
                conditions for avoiding violation of water quality 
                requirements; and
                    ``(C) consistent with the requirements of the 
                Federal license or permit that is the subject of the 
                certification.
    ``(g) Special Rule for Certain Certifications.--
            ``(1) Definition of interstate transmission line project.--
        In this subsection, the term `interstate transmission line 
        project' means a project for the construction, modification, or 
        upgrade of a transmission facility that is part of the bulk-
        power system (as defined in section 215(a) of the Federal Power 
        Act (16 U.S.C. 824o(a))).
            ``(2) Limitation on certification requirements for certain 
        interstate linear infrastructure.--Notwithstanding the first 
        sentence of subsection (a)(1), any applicant for a certificate 
        of public convenience and necessity for a project under section 
        7 of the Natural Gas Act (15 U.S.C. 717f) or a Federal 
        authorization or permit required to construct, modify, 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 requirements.
            ``(3) 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 301(b) and 302 
        and for which there is not an applicable standard under 
        sections 306 and 307, the certifying authority shall so 
        certify, except that such a certification shall not satisfy 
        section 511(c).
            ``(4) Review for compliance.--Notwithstanding subsection 
        (a)(4)--
                    ``(A) 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 subsection, which facility or activity is not 
                subject to a Federal operating license or permit, 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 violated;
                    ``(B) on notification by the certifying authority 
                that the operation of any federally licensed or 
                permitted facility or activity described in 
                subparagraph (A) will violate applicable effluent 
                limitations or other limitations or other water quality 
                requirements, the applicable Federal agency may, after 
                public hearing, suspend the Federal license or permit; 
                and
                    ``(C) if a Federal license or permit is suspended 
                pursuant to subparagraph (B), 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 301, 
                302, 303, 306, and 307.
            ``(5) Limitation and monitoring requirements of certain 
        linear infrastructure certifications.--Notwithstanding 
        subsection (d)--
                    ``(A) 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 301, 302, 303, 306, 
                and 307; and
                    ``(B) any limitations and requirements set forth 
                pursuant to subparagraph (A) shall be imposed by the 
                licensing or permitting agency as a condition on any 
                Federal license or permit subject to the provisions of 
                this section.
            ``(6) Reasonable period of time.--Notwithstanding the 
        periods of time in subsections (a)(1) and (e)(4), a licensing 
        or permitting agency shall, categorically or on a case-by-case 
        basis for each certification application, establish a 
        reasonable period of time (not to exceed 9 months from the date 
        of receipt of the certification application) within which a 
        certifying authority shall issue a final action on the 
        certification application under this subsection, which shall 
        account for the time required under applicable State or Tribal 
        law for public notice and comment periods.
    ``(h) Definitions.--In this section:
            ``(1) Certification application.--The term `certification 
        application' means a request from an applicant for a 
        certification described in subsection (a).
            ``(2) Certifying authority.--The term `certifying 
        authority', with respect to a certification application, means, 
        as applicable--
                    ``(A) the State or interstate agency to which the 
                certification application was submitted, including an 
                Indian Tribe that is treated as a State for purposes of 
                this section pursuant to section 131.8 of title 40, 
                Code of Federal Regulations; or
                    ``(B) if no State or interstate agency has the 
                authority to provide the certification described in 
                subsection (a), the Administrator.
            ``(3) Water quality requirements.--The term `water quality 
        requirements' means--
                    ``(A) the applicable provisions of sections 301, 
                302, 303, 306, and 307; and
                    ``(B) any Federal and State or Tribal laws 
                (including regulations) implementing sections 301, 302, 
                303, 306, and 307 that are applicable to discharges 
                into waters of the United States.''.

SEC. 1203. PERMIT TERM FOR NPDES PERMITS.

    Section 402(b)(1)(B) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(b)(1)(B)) is amended by striking ``five years'' and 
inserting ``10 years''.

SEC. 1204. PERMITS FOR DREDGED OR FILL MATERIAL.

    (a) Reducing Permitting Uncertainty.--
            (1) In general.--Section 404(c) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1344(c)) is amended--
                    (A) by striking ``(c) The Administrator'' and 
                inserting the following:
    ``(c) Specification or Use of Defined Area.--
            ``(1) In general.--The Administrator'';
                    (B) in paragraph (1) (as so designated), by 
                inserting ``during the period described in paragraph 
                (2) and'' before ``after notice and opportunity for 
                public hearings''; and
                    (C) by adding at the end the following:
            ``(2) Period of prohibition.--The period during which the 
        Administrator may prohibit the specification (including the 
        withdrawal of specification) of any defined area as a disposal 
        site, or deny or restrict the use of any defined area for 
        specification (including the withdrawal of specification) as a 
        disposal site, under paragraph (1)--
                    ``(A) begins on the date on which an applicant 
                submits a complete application under this section; and
                    ``(B) ends on the date on which the Secretary 
                issues the permit.''.
            (2) Applicability.--The amendments made by paragraph (1) 
        shall apply to a permit application submitted under section 404 
        of the Federal Water Pollution Control Act (33 U.S.C. 1344) 
        after the date of enactment of this Act.
    (b) Nationwide Permitting Improvement.--Section 404(e) of the 
Federal Water Pollution Control Act (33 U.S.C. 1344(e)) is amended--
            (1) by striking ``(e)(1) In carrying'' and inserting the 
        following:
    ``(e) General Permits on State, Regional, or Nationwide Basis.--
            ``(1) Permits authorized.--In carrying'';
            (2) in paragraph (2)--
                    (A) by striking ``(2) No general'' and inserting 
                the following:
            ``(2) Term.--
                    ``(A) In general.--No general'';
                    (B) in subparagraph (A) (as so designated), by 
                striking ``five years'' and inserting ``10 years''; and
                    (C) by adding at the end the following:
                    ``(B) Timing of modification.--The Secretary may 
                modify a general permit pursuant to subparagraph (A) 
                during the term of the general permit or during the 
                renewal of the general permit.''; and
            (3) by adding at the end the following:
            ``(3) Considerations.--In determining the environmental 
        effects of an activity under paragraph (1) or (2), the 
        Secretary--
                    ``(A) shall consider only the effects on compliance 
                with water quality requirements (as defined in section 
                401(h)) of any discharge of dredged or fill material 
                resulting from the activity; and
                    ``(B) shall consider any effects of a discharge of 
                dredged or fill material into less than 2 acres of 
                navigable waters to be a minimal adverse environmental 
                effect.
            ``(4) Nationwide permits for activities.--
                    ``(A) General permits authorized.--Notwithstanding 
                any other provision of this section, the Secretary 
                shall maintain general permits on a nationwide basis 
                for activities described in subparagraph (B).
                    ``(B) Activities described.--An activity referred 
                to in subparagraph (A) is an activity--
                            ``(i) authorized under Nationwide Permit 
                        12, Nationwide Permit 14, Nationwide Permit 43, 
                        Nationwide Permit 57, or Nationwide Permit 58, 
                        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' (91 Fed. 
                        Reg. 768 (January 8, 2026)); and
                            ``(ii) that results in a discharge of 
                        dredged or fill material into less than 2 acres 
                        of navigable waters for each single and 
                        complete project (as defined in section 330.2 
                        of title 33, Code of Federal Regulations (as in 
                        effect on the date of enactment of this 
                        paragraph)), including a single and complete 
                        linear project and a single and complete non-
                        linear project (as those terms are defined in 
                        the final rule of the Corps of Engineers 
                        entitled `Reissuance and Modification of 
                        Nationwide Permits' (91 Fed. Reg. 768 (January 
                        8, 2026))).
                    ``(C) Retention of general and individual 
                permitting authority.--Nothing in this paragraph 
                prohibits the Secretary from issuing--
                            ``(i) general permits on a regional or 
                        State basis; or
                            ``(ii) individual permits for linear 
                        infrastructure projects.
            ``(5) Reissuance of nationwide permits.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                determining whether to reissue a general permit issued 
                on a nationwide basis under this subsection--
                            ``(i) no consultation with an applicable 
                        State pursuant to section 6(a) of the 
                        Endangered Species Act of 1973 (16 U.S.C. 
                        1535(a)) is required;
                            ``(ii) no consultation with a Federal 
                        agency pursuant to section 7(a)(2) of that Act 
                        (16 U.S.C. 1536(a)(2)) is required;
                            ``(iii) the requirements of section 
                        102(2)(C) of the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4332(2)(C)) shall be 
                        satisfied by preparing a programmatic 
                        environmental assessment with respect to the 
                        general permit; and
                            ``(iv) no consultation under section 306108 
                        of title 54, United States Code, is required.
                    ``(B) Requirement.--Clauses (i) through (iv) of 
                subparagraph (A) shall only apply to a general permit 
                being reissued pursuant to that subparagraph if the 
                general permit does not--
                            ``(i) narrow or eliminate preconstruction 
                        requirements; or
                            ``(ii) raise the threshold for such 
                        preconstruction requirements.''.

SEC. 1205. JUDICIAL REVIEW TIMELINE CLARITY.

    Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344) is amended--
            (1) in subsection (t), by striking ``(t) Nothing in this 
        section'' and inserting the following:
    ``(u) Savings Provision.--Nothing in this section''; and
            (2) by inserting after subsection (s) the following:
    ``(t) Judicial Review.--
            ``(1) Statute of limitations.--Notwithstanding any 
        applicable provision of law relating to statutes of 
        limitations--
                    ``(A) an action seeking judicial review, under 
                subchapter II of chapter 5, and chapter 7, of title 5, 
                United States Code (commonly known as the 
                `Administrative Procedure Act'), or any other 
                applicable provision of law, 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 150 days after the date on which the approval 
                was issued, unless a shorter time period is otherwise 
                provided for by law;
                    ``(B) an action seeking judicial review, under 
                subchapter II of chapter 5, and chapter 7, of title 5, 
                United States Code (commonly known as the 
                `Administrative Procedure Act'), or any other 
                applicable provision of law, of an individual permit or 
                general permit issued under this section shall be filed 
                not later than the date that is 150 days after the date 
                on which the permit was issued, unless a shorter time 
                period is otherwise provided for by law; and
                    ``(C) an action seeking judicial review, under 
                subchapter II of chapter 5, and chapter 7, of title 5, 
                United States Code (commonly known as the 
                `Administrative Procedure Act'), or any other 
                applicable provision of law, 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 150 days after the date on which the 
                verification was issued, unless a shorter time period 
                is otherwise provided for by law.
            ``(2) Limitation on commencement of certain actions.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law but subject to subparagraph (B), no 
                action described in subparagraph (A) or (B) of 
                paragraph (1) may be commenced unless the action--
                            ``(i) is filed by a party that submitted a 
                        comment--
                                    ``(I) during the public comment 
                                period for the administrative 
                                proceedings related to the action; and
                                    ``(II) that is sufficiently 
                                detailed to put the Administrator, the 
                                Secretary, or the State, as applicable, 
                                on notice of the issue on which the 
                                party seeks judicial review; and
                            ``(ii) is related to that comment.
                    ``(B) Limitation.--The limitation under 
                subparagraph (A) shall only apply to actions for 
                which--
                            ``(i) a draft of the action was published 
                        in the Federal Register; and
                            ``(ii) the applicable agency provided a 
                        public comment period of not less than 30 days.
            ``(3) Remedies for actions relating to permits.--If a court 
        determines that the Secretary or a State, as applicable, did 
        not comply with the requirements of this section in issuing an 
        individual or general permit under this section, or in 
        verifying that an activity involving a discharge of dredged or 
        fill material is authorized by a general permit issued under 
        this section, or otherwise was arbitrary and capricious under 
        subchapter II of chapter 5, and chapter 7, of title 5, United 
        States Code (commonly known as the `Administrative Procedure 
        Act'), as applicable--
                    ``(A) the court shall remand the matter to the 
                Secretary or the State, as applicable, for further 
                proceedings consistent with the determination of the 
                court;
                    ``(B) with respect to a determination regarding the 
                issuance of an individual or general permit under this 
                section, the court may not vacate, revoke, enjoin, 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 law; and
                    ``(C) 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 section, 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 law.
            ``(4) Timeline to act on court order.--If a court remands a 
        matter under paragraph (3), the court shall set and enforce a 
        reasonable schedule and deadline, which may not exceed 180 days 
        from the date on which the court remands the matter, except as 
        otherwise required by law, for the Administrator, the 
        Secretary, or the State, as applicable, to take such actions as 
        the court may order.''.

               TITLE III--ENDANGERED SPECIES ACT OF 1973

SEC. 1301. DEFINITIONS.

    Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is 
amended--
            (1) by redesignating paragraphs (2) through (10) as 
        paragraphs (3) through (11), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) The terms `best scientific and commercial data 
        available' and `best scientific data available'--
                    ``(A) mean all relevant and objective scientific 
                and commercial information available at the time of the 
                agency action; and
                    ``(B) include credible and reliable data, 
                quantitative analyses, conceptual and numerical models, 
                and model results that--
                            ``(i) account for known or potential 
                        sources of error;
                            ``(ii) are applied using prevailing 
                        principles, methods, tools, and professional 
                        standards of practice; and
                            ``(iii) are impartially gathered and 
                        objectively applied without presumptions or 
                        policy prescriptions that bias the 
                        application.''; and
            (3) in paragraph (17), by striking ``the Trust Territory of 
        the Pacific Islands'' and inserting ``the Commonwealth of the 
        Northern Mariana Islands''.

SEC. 1302. TIMELINE FOR SECTION 7 CONSULTATIONS.

    Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 
1536(b)(1)) is amended--
            (1) in subparagraph (A), by striking ``90-day'' and 
        inserting ``60-day'';
            (2) in subparagraph (B)--
                    (A) in the matter preceding clause (i)--
                            (i) by striking ``90 days'' and inserting 
                        ``60 days''; and
                            (ii) by striking ``90th day'' and inserting 
                        ``60th day'';
                    (B) in clause (i), in the matter preceding 
                subclause (I), by striking ``150th day'' and inserting 
                ``100th day'';
                    (C) in clause (ii), by striking ``150 or more'' and 
                inserting ``100 or more''; and
                    (D) in the undesignated matter following clause 
                (ii)--
                            (i) by striking ``the preceding sentence'' 
                        and inserting ``subparagraph (B)''; and
                            (ii) by striking ``The Secretary'' and 
                        inserting the following:
            ``(C) The Secretary''; and
            (3) by inserting after subparagraph (C) (as so designated) 
        the following:
            ``(D) If the consultation period proposed to be agreed to 
        between the Secretary and the Federal agency under subparagraph 
        (B) extends beyond 145 days and the Secretary and the Federal 
        agency have not provided a written statement to, or obtained 
        consent from, a permit or license applicant under clause (i) or 
        (ii), as applicable, of that subparagraph during such period, 
        the applicant shall be eligible for relief under section 706(1) 
        of title 5, United States Code.
            ``(E)(i) In the case of an agency action that requires the 
        preparation of an environmental document (as defined in section 
        3 of the National Environmental Policy Act of 1969), the 
        consultation process under subsection (a)(2) shall be completed 
        by not later than the date on which the applicable 
        environmental document (as so defined) for the agency action is 
        completed in accordance with section 107(g) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4336a(g)), unless 
        the Secretary approves an extension of the deadline due to 
        extraordinary circumstances beyond the control, and not due to 
        any action, of the consulting parties.
            ``(ii) The requirement under clause (i) shall not be 
        construed to extend the deadlines described in subparagraphs 
        (A) through (D).''.

SEC. 1303. PROJECTS IN THE OPERATIONAL RIGHT-OF-WAY.

    Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is 
amended by adding at the end the following:
    ``(q) Projects in the Operational Right-of-Way.--Notwithstanding 
subsections (g) and (h), any project that is categorically excluded 
from the requirements of the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) pursuant to section 1316 of the Moving Ahead 
for Progress in the 21st Century Act (23 U.S.C. 109 note; Public Law 
112-141) shall be exempt from paragraphs (2), (3), and (4) of 
subsection (a).''.

SEC. 1304. STATE ASSUMPTION OF CONSULTATION RESPONSIBILITIES.

    The Endangered Species Act of 1973 is amended by inserting after 
section 7 (16 U.S.C. 1536) the following:

``SEC. 7A. STATE ASSUMPTION OF CONSULTATION RESPONSIBILITIES.

    ``(a) Definitions.--In this section:
            ``(1) Program.--The term `program' means the program 
        carried out by the Secretary pursuant to this section.
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(3) State agency.--The term `State agency' means any 
        agency, department, board, commission, or other governmental 
        entity in a State with primary jurisdiction over environmental 
        or wildlife management matters in the State, as determined by 
        the Governor of the State.
    ``(b) Program.--
            ``(1) In general.--Except as provided in this subsection, 
        the Secretary shall carry out a program under which the 
        Secretary may assign the consultation responsibilities of the 
        Secretary described in paragraph (4)(A) to States.
            ``(2) Limitations on assumptions.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary may not assign the 
                consultation responsibilities of the Secretary 
                described in paragraph (4)(A) to any State for a 
                project or agency action (as referred to in section 7) 
                that exceeds the boundaries of the State.
                    ``(B) Limitation.--For any project or agency action 
                (as referred to in section 7) that is solely within the 
                boundaries of 1 State, but that is within an area 
                affected that exceeds the boundaries of the State, a 
                State that assumes responsibility under paragraph (4) 
                for the project or agency action (as referred to in 
                section 7) shall consult with--
                            ``(i) if any other State has assumed 
                        responsibility under that paragraph, the 
                        jurisdiction of which is within that area 
                        affected, such State; or
                            ``(ii) if there is no State described in 
                        clause (i), the Secretary.
            ``(3) Implementing regulation.--
                    ``(A) In general.--Not later than 270 days after 
                the date of enactment of the Bipartisan American 
                Affordability and Jobs Act of 2026, 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 7 
                (referred to in this section as the `implementing 
                regulation').
                    ``(B) Public comment.--The proposed rule issued 
                under subparagraph (A) shall be made available for 
                public comment for a period of not less than 60 days, 
                during which the Secretary shall solicit comment from 
                States on the proposed rule.
                    ``(C) Limitation.--The rule issued under 
                subparagraph (A) shall not include any requirement that 
                is not necessary to carry out this section.
            ``(4) Assumption of responsibility.--
                    ``(A) In general.--Subject to the requirements of 
                this section and the implementing regulation, with the 
                written agreement of the Secretary and a State, which 
                may be in the form of a memorandum of understanding, 
                the Secretary may assign, and the State may assume, the 
                consultation responsibilities of the Secretary within 
                the boundary of the State under subsections (a), (b), 
                and (c) of section 7.
                    ``(B) Certain projects and agency actions.--A State 
                may not assume responsibility under the program until 
                the date on which--
                            ``(i) the implementing regulation takes 
                        effect; and
                            ``(ii) the State certifies to the Secretary 
                        that the State has secured the financial, 
                        legal, personnel, and other resources described 
                        in subsection (c)(2)(B).
                    ``(C) 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 Secretary.
    ``(c) State Participation.--
            ``(1) 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 
        regulation.
            ``(2) Application.--
                    ``(A) In general.--A State seeking to participate 
                in the program shall submit to the Secretary an 
                application at such time, in such manner, and 
                containing such information as the Secretary may 
                require, in accordance with subparagraph (B).
                    ``(B) Requirements.--As part of the implementing 
                regulation, the Secretary shall establish requirements 
                relating to applications submitted by States under 
                subparagraph (A), including, at a minimum, requirements 
                that a State provide--
                            ``(i) verification of the financial and 
                        legal resources necessary to carry out the 
                        authority that may be granted to the State 
                        under the program;
                            ``(ii) verification of the personnel 
                        resources or a plan to hire the personnel, not 
                        later than 1 year after the date on which the 
                        application is approved, necessary to carry out 
                        the authority that may be granted to the State 
                        under the program;
                            ``(iii) verification that the State will 
                        waive sovereign immunity for the 
                        responsibilities assumed by the State under the 
                        program; and
                            ``(iv) evidence of the notice and 
                        solicitation of public comment by the State 
                        relating to participation of the State in the 
                        program, including--
                                    ``(I) copies of comments received 
                                from that solicitation;
                                    ``(II) a brief summary of those 
                                comments; and
                                    ``(III) a description of ways in 
                                which those comments will be 
                                incorporated by the State during the 
                                participation of the State in the 
                                program.
                    ``(C) Denial.--On denial of an application 
                submitted by a State under subparagraph (A)--
                            ``(i) the Secretary shall--
                                    ``(I) respond to the State, in 
                                writing, identifying the reasons for 
                                the denial, subject to the condition 
                                that such reasons shall only include a 
                                determination by the Secretary that the 
                                State did not demonstrate the legal, 
                                financial, or personnel capability to 
                                assume responsibility under the 
                                program; and
                                    ``(II) at the request of the State, 
                                provide technical assistance to the 
                                State to address the reasons identified 
                                under subclause (I); and
                            ``(ii) the State may reapply in accordance 
                        with the requirements of subparagraphs (A) and 
                        (B).
            ``(3) Public notice.--
                    ``(A) In general.--Not less than 60 days before the 
                date of submission of an application of a State under 
                paragraph (2)(A), the State shall, in accordance with 
                the applicable public notice law of the State--
                            ``(i) publish the complete application of 
                        the State; and
                            ``(ii) provide an opportunity for public 
                        comment on the application for a period of not 
                        less than 30 days.
                    ``(B) Response to comments.--Notwithstanding any 
                other provision of law, a State shall be required to 
                respond to public comments received under subparagraph 
                (A)(ii).
            ``(4) Selection criteria.--The Secretary shall approve the 
        application of a State submitted under paragraph (2)(A) if--
                    ``(A) the Secretary determines that the State has 
                demonstrated the legal, financial, and current or 
                future personnel capability to assume the 
                responsibility;
                    ``(B) the Secretary has made an affirmative 
                determination that the State has met the requirements 
                to implement the program, as described in this section 
                and the implementing regulation; and
                    ``(C) the head of the State agency enters into a 
                written agreement with the Secretary described in 
                subsection (d)(1).
            ``(5) Failure to approve or deny application.--If the 
        Secretary fails to make a determination with respect to any 
        application submitted under paragraph (2)(A) within 180 days 
        after the date on which the Secretary receives that 
        application, the inaction shall be considered a failure to act 
        under section 107(g)(3) of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4336a(g)(3)).
    ``(d) Written Agreement.--
            ``(1) In general.--A written agreement referred to in 
        subsection (c)(4)(C) shall--
                    ``(A) be executed by the Governor or the head of 
                the State agency that would assume responsibility under 
                the program;
                    ``(B) be in such form as the Secretary may 
                prescribe;
                    ``(C) provide that the State--
                            ``(i) agrees to assume all responsibilities 
                        of the Secretary described in subsection 
                        (b)(4);
                            ``(ii) expressly consents, on behalf of the 
                        State, to accept the jurisdiction of the 
                        Federal courts for the compliance, discharge, 
                        and enforcement of any responsibility of the 
                        Secretary assumed by the State;
                            ``(iii) certifies that State laws 
                        (including regulations) are in effect that--
                                    ``(I) authorize the State to take 
                                the actions necessary to carry out the 
                                responsibilities being assumed; and
                                    ``(II) are comparable to section 
                                552 of title 5, United States Code, 
                                including providing that any decision 
                                regarding the public availability of a 
                                document under those State laws is 
                                reviewable by a court of competent 
                                jurisdiction;
                            ``(iv) agrees to maintain the legal 
                        resources, financial resources, and personnel 
                        capacity and expertise necessary to carry out 
                        the responsibilities being assumed; and
                            ``(v) agrees to meet the same deadlines for 
                        consultations that the Secretary would be 
                        required to meet under--
                                    ``(I) section 7; and
                                    ``(II) section 107 of the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4336a);
                    ``(D) 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 
                State;
                    ``(E) be renewable;
                    ``(F) have a term of not more than 10 years; and
                    ``(G) be published in the Federal Register not 
                later than 15 days after execution.
            ``(2) 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 (1).
    ``(e) Jurisdiction.--
            ``(1) 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 program.
            ``(2) Legal standards and requirements.--A civil action 
        under paragraph (1) 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 
        question.
            ``(3) Intervention.--The Secretary shall have the right to 
        intervene in any action described in paragraph (1).
    ``(f) Effect of Assumption of Responsibility.--
            ``(1) In general.--A State that assumes responsibility 
        under subsection (b)(4) shall be solely responsible for 
        carrying out, in lieu of and without further approval of the 
        Secretary, the responsibilities assumed under that subsection, 
        until the Secretary or the State, as applicable, terminates the 
        participation of the State in the program in accordance with 
        paragraph (1) or (2) of subsection (k), as applicable.
            ``(2) Permit or license applicant election.--
        Notwithstanding a State assumption of responsibility under 
        subsection (b)(4), a permit or license applicant may elect to 
        consult with the Secretary within the boundary of the State 
        under subsections (a), (b), and (c) of section 7.
    ``(g) Limitations on Agreements.--Nothing in this section permits a 
State to assume any rulemaking authority of the Secretary under any 
Federal law.
    ``(h) Audits.--
            ``(1) In general.--To ensure compliance by a State with any 
        agreement of the State under subsection (c)(4)(C) (including 
        compliance by the State with all Federal laws for which 
        responsibility is assumed under subsection (b)(4)), for each 
        State participating in the program, the Secretary shall--
                    ``(A) not later than 180 days after the date of 
                execution of the agreement, meet with the State to 
                review implementation of the agreement and discuss 
                plans for the first annual audit;
                    ``(B) conduct annual audits during each of the 
                first 4 years of State participation;
                    ``(C) ensure that the time period for completing an 
                audit, from initiation to completion (including public 
                comment and responses to those comments), does not 
                exceed 180 days.
            ``(2) Public availability and comment.--
                    ``(A) In general.--An audit conducted under 
                paragraph (1) shall be provided to the public for 
                comment.
                    ``(B) Response.--Not later than 60 days after the 
                date on which the period for public comment ends--
                            ``(i) the Secretary shall respond to public 
                        comments received under subparagraph (A); and
                            ``(ii) to the extent necessary, the 
                        applicable State agency may respond to those 
                        comments.
            ``(3) Audit team.--
                    ``(A) In general.--Subject to subparagraph (C), an 
                audit conducted under paragraph (1) shall be carried 
                out by an audit team determined by the Secretary, in 
                consultation with the State, in accordance with 
                subparagraph (B).
                    ``(B) Consultation.--Consultation with the State 
                under subparagraph (A) shall include a reasonable 
                opportunity for the State to review and provide 
                comments on the proposed members of the audit team.
                    ``(C) Limitation.--An audit team shall only 
                include--
                            ``(i) qualified staff of regional and 
                        headquarters offices of the United States Fish 
                        and Wildlife Service;
                            ``(ii) staff of the Department of the 
                        Interior Office of Inspector General; and
                            ``(iii) staff of the applicable State 
                        agency.
    ``(i) Monitoring.--
            ``(1) In general.--After the fourth year of the 
        participation of a State in the program, the Secretary shall 
        monitor compliance by the State with the written agreement 
        entered into under subsection (c)(4)(C), including the 
        provision by the State of financial resources to carry out the 
        written agreement.
            ``(2) 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 (c)(4)(C) pursuant to monitoring under 
        paragraph (1), the Secretary may require the resumption of 
        annual audits under subsection (h).
    ``(j) 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 program, which 
shall include an identification of--
            ``(1) a list of active written agreements entered into 
        under subsection (c)(4)(C) being carried out;
            ``(2) a list of pending written agreements entered into 
        under that subsection;
            ``(3) a list of applications denied under subsection 
        (c)(2)(C) and the reasons for those denials, if any; and
            ``(4) the results of any audits completed pursuant to 
        subsection (h) in the year covered by the report.
    ``(k) Termination.--
            ``(1) Termination by the secretary.--The Secretary may 
        terminate the participation of a State in the program if--
                    ``(A) the Secretary determines that the State is 
                not adequately carrying out the responsibilities 
                assigned to the State;
                    ``(B) the Secretary provides to the State--
                            ``(i) a notification of the determination 
                        of noncompliance;
                            ``(ii) a period of not less than 120 days 
                        to take corrective action as the Secretary 
                        determines to be necessary to comply with the 
                        applicable written agreement; and
                            ``(iii) on request of the Governor of the 
                        State, a detailed description of each 
                        responsibility in need of corrective action 
                        relating to an inadequacy identified under 
                        subparagraph (A); and
                    ``(C) the State, after the notification and period 
                provided under subparagraph (B)(i), fails to take 
                satisfactory corrective action, as determined by the 
                Secretary.
            ``(2) 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 90 days before the date of termination, subject to such 
        terms and conditions as the Secretary may provide.
    ``(l) Outreach and Capacity Building.--
            ``(1) Outreach.--The Secretary shall require the Director 
        of the United States Fish and Wildlife Service (referred to in 
        this subsection as the `Director') to conduct outreach and 
        education activities to States with respect to the program.
            ``(2) Capacity building.--The Director, in cooperation with 
        relevant State officials, shall provide education, training, 
        peer-exchange, and other initiatives as appropriate--
                    ``(A) to assist States in developing the capacity 
                to participate in the program; and
                    ``(B) to promote information sharing and 
                collaboration among States with respect to the program.
            ``(3) 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 Service.
    ``(m) 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 2412 of 
title 28, United States Code.''.

SEC. 1305. JUDICIAL REVIEW.

    Section 7(n) of the Endangered Species Act of 1973 (16 U.S.C. 
1536(n)) is amended--
            (1) in the first sentence, by striking ``Any person, as 
        defined by section 3(13) of this Act,'' and inserting the 
        following:
            ``(1) In general.--Any person'';
            (2) in paragraph (1) (as so designated), by redesignating 
        paragraphs (1) and (2) as subparagraphs (A) and (B), 
        respectively; and
            (3) by adding at the end the following:
            ``(2) Petition for review.--Any person may obtain judicial 
        review under chapter 7 of title 5, United States Code, of any 
        opinion issued by the Secretary under subsection (b) in the 
        United States Court of Appeals for the District of Columbia 
        Circuit by filing in such court not later than 150 days after 
        the date on which the opinion is made public a written petition 
        for review.
            ``(3) Definition of made public.--In this subsection, the 
        term `made public', with respect to an opinion issued by the 
        Secretary under subsection (b), means that the opinion is 
        published in a single location on the primary website of the 
        applicable Federal agency with--
                    ``(A) hyperlinks to the document prominently 
                displayed on the website; and
                    ``(B) the date of initial publication of the 
                document displayed and maintained on the website.''.

SEC. 1306. LISTING DETERMINATIONS.

    Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is 
amended by adding at the end the following:
    ``(j) State Data.--In making a determination to list, or delist, a 
species as a threatened species or an endangered species under this 
section, the Secretary shall accept and integrate State-collected data, 
subject to the condition that the State-collected data meets the 
definition of `best scientific and commercial data available'.''.

SEC. 1307. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $150,000,000 for each of 
fiscal years 2027 through 2031--
            (1) to carry out section 7 of the Endangered Species Act of 
        1973 (16 U.S.C. 1536); and
            (2) to support State participation in the program under 
        section 7A of that Act.

SEC. 1308. NATIONAL FISH AND WILDLIFE FOUNDATION COASTAL STATE FUND.

    (a) Definitions.--In this section:
            (1) 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'' (or a similar 
        successor document).
            (2) Coastal state.--The term ``coastal State'' has the 
        meaning given the term ``coastal state'' in section 304 of the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
            (3) Foundation.--The term ``Foundation'' means the National 
        Fish and Wildlife Foundation established by section 2(a) of the 
        National Fish and Wildlife Foundation Establishment Act (16 
        U.S.C. 3701(a)).
            (4) Program.--The term ``program'' means the National Fish 
        and Wildlife Foundation Coastal State Fund established under 
        subsection (b).
            (5) 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 
        Administration.
    (b) Establishment of Program.--Not later than 1 year after the date 
of enactment of this Act, subject to the availability of 
appropriations, the Foundation shall establish and carry out a program, 
to be known as the ``National Fish and Wildlife Foundation Coastal 
State Fund'', to award grants to coastal States to support State 
programs and activities intended to better understand and use coastal 
resources, coastal and natural infrastructure, and ecosystem services 
provided by natural systems.
    (c) Allocation of Amounts.--Of the amounts made available to carry 
out the program each fiscal year, subject to subsection (d), such 
amounts shall be allocated to grants for coastal States under the 
program in accordance with the following:
            (1) 70 percent shall be allocated equally among coastal 
        States.
            (2) 15 percent shall be allocated on the basis of the ratio 
        of tidal shoreline in a coastal State to the tidal shoreline of 
        all coastal States.
            (3) 15 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 
        Census.
    (d) Limitation for Single Coastal State.--Notwithstanding 
subsection (c), not more than 5 percent of the total amounts allocated 
under that subsection may be allocated to any single coastal State, and 
any amount exceeding that limitation shall be reallocated equally among 
the remaining coastal States.
    (e) Funding.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out the program $50,000,000 for 
        each of fiscal years 2028 through 2032.
            (2) Additional funding.--In addition to the amounts made 
        available pursuant to paragraph (1), the Foundation may use 
        such additional amounts as may be made available to carry out 
        the program.

                      TITLE IV--PROJECT CERTAINTY

SEC. 1401. MAINTAINING FEDERAL AUTHORIZATIONS OR PERMITS FOR PROJECTS 
              WITH NON-FEDERAL SPONSORS.

    (a) Definition of Federal Authorization or Permit.--The term 
``Federal authorization or permit'' means an authorization, permit, 
record of decision, right-of-way, finding of no significant impact, 
verification, extension, construction and operations plan, biological 
opinion, incidental take statement, concurrence, or any other approval 
or order that is necessary, including any determination by a Federal 
department or agency that additional authorizations or permits are not 
necessary, for the construction or operation at full capacity of a 
project.
    (b) Maintenance of Authorizations and Permits.--
            (1) In general.--For projects or actions with non-Federal 
        sponsors or holders of a Federal authorization or permit, a 
        Federal department or agency shall not take any new action that 
        would revoke, rescind, withdraw, terminate, suspend, amend, or 
        alter a Federal authorization or permit in effect on or after 
        September 16, 2026, 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 permits, unless--
                    (A) the Federal agency is required to take such 
                action by order of a court of competent jurisdiction;
                    (B) the holder of the Federal authorization or 
                permit has materially breached the terms of the Federal 
                authorization or permit or otherwise violated 
                applicable law;
                    (C) the Federal authorization or permit was 
                obtained through fraud, intentional concealment, or 
                material misrepresentation;
                    (D) such action is necessary to prevent specific, 
                urgent, substantial, and proximate harm or damage to 
                life, property, national security, 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 permit; or
                    (E) 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 action.
            (2) Requirement.--If a Federal agency takes an action under 
        paragraph (1) in response to a matter described in subparagraph 
        (D) of that paragraph, the action shall be reasonably limited 
        only to so much as is necessary to remedy the specific issue 
        the action is intended to address.
            (3) Notice.--Before a Federal agency takes an action under 
        paragraph (1), the Federal agency shall notify the non-Federal 
        project sponsor or holder of the Federal authorization or 
        permit, in writing, of such action, including by--
                    (A) providing a detailed explanation of the action;
                    (B) identifying the statutory authority relied on 
                for the action; and
                    (C) providing the evidence supporting the action.
            (4) Judicial review.--
                    (A) Venue.--Unless another provision of law 
                provides for direct review in a court of appeals of the 
                United States, 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 (1) may obtain review of such action in a 
                United States district court in which the project is at 
                least partially located.
                    (B) Standard of review.--In reviewing an action 
                taken by a Federal agency under paragraph (1) under 
                subchapter II of chapter 5 and chapter 7 of title 5, 
                United States Code (commonly known as the 
                ``Administrative Procedure Act'') or any other 
                provision of law, the reviewing court shall, 
                notwithstanding subchapter II of chapter 5 and chapter 
                7 of title 5, United States Code (commonly known as the 
                ``Administrative Procedure Act'') or any other 
                provision of law, place the burden of proof on the 
                Federal agency to demonstrate by clear and convincing 
                evidence that 1 or more of the matters described in 
                subparagraphs (A) through (E) of that paragraph 
                applies.
                    (C) 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 law, the head of the Federal 
                department or agency shall submit that portion of the 
                information to the applicable court under seal or in 
                camera, and the applicable court shall review and refer 
                to that portion of the information in accordance with 
                applicable procedures governing classified or protected 
                information.
                    (D) Relief.--If, at the conclusion of its review of 
                an action taken by a Federal agency under paragraph 
                (1), the court concludes that the Federal agency has 
                not met its burden under subparagraph (B), the non-
                Federal project sponsor or holder of the Federal 
                authorization or permit shall be entitled to--
                            (i) 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 project;
                            (ii) injunctive relief preventing a Federal 
                        agency from taking any new action that would 
                        revoke, rescind, withdraw, terminate, suspend, 
                        amend, 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 (assuming 
                        that judge continues to sit in the same 
                        district) that heard the original matter;
                            (iii) reasonable attorney fees and costs of 
                        litigation, as the court determines 
                        appropriate;
                            (iv) any costs associated with the 
                        applicable delay in the construction or 
                        operation of the project, as the court 
                        determines appropriate; and
                            (v) costs in an amount equal to not less 
                        than 25 percent and not more than 50 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 (iii) 
                        or (iv), including costs of development, 
                        permitting, land acquisition, financing, 
                        engineering, procurement, and construction of 
                        the project, which amount shall be determined 
                        by the court by taking into consideration--
                                    (I) the degree to which the Federal 
                                interference in the project occurred 
                                due to bad faith;
                                    (II) the degree to which there 
                                exists a pattern of similar Federal 
                                interference in other projects; and
                                    (III) the actual degree of economic 
                                harm to the project sponsor or 
                                operator.
                    (E) Special rule.--If, within 1 year prior to the 
                date of enactment of this Act, 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 jurisdiction, then, if a Federal 
                agency takes any new action that would revoke, rescind, 
                withdraw, terminate, suspend, amend, 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 
                project, the same judge (assuming that judge continues 
                to sit in the same district) that heard the original 
                matter shall have jurisdiction to hear a complaint or 
                motion under this section.
                    (F) Source of funds.--Amounts awarded under 
                subparagraph (D)--
                            (i) shall be paid from the fund described 
                        in section 1304 of title 31, United States 
                        Code; and
                            (ii) shall not be subject to the 
                        availability of appropriations.
                    (G) Limitation on jurisdiction.--Notwithstanding 
                sections 1346 and 1491 of title 28, United States Code, 
                the United States Court of Federal Claims shall not 
                have jurisdiction over any claim for, or in respect to, 
                this section--
                            (i) during the consideration of a petition 
                        for relief under this section; and
                            (ii) in perpetuity if relief is granted 
                        under subparagraph (D).

SEC. 1402. ENSURING FAIRNESS FOR SPECIFIC TYPES OF COVERED PROJECTS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) all Federal agencies shall treat all applications for 
        Federal authorizations or permits fairly and efficiently; and
            (2) this section shall serve as a guarantee that fair and 
        efficient decisionmaking shall occur after the date of 
        enactment of this Act.
    (b) Definitions.--In this section:
            (1) Covered application.--The term ``covered application'' 
        means a complete application for 1 or more Federal 
        authorizations or permits.
            (2) Federal authorization or permit.--The term ``Federal 
        authorization or permit'' means an authorization, permit, 
        record of decision, right-of-way, finding of no significant 
        impact, verification, extension, construction and operations 
        plan, biological opinion, incidental take statement, 
        concurrence, or any other approval or order that is necessary, 
        including any determination by a Federal department or agency 
        that additional authorizations or permits are not necessary, 
        for the construction or operation at full capacity of a 
        specific type of covered project.
            (3) Pattern of disparate treatment.--The term ``pattern of 
        disparate treatment'' means, with respect to 1 specific type of 
        covered project, an empirically demonstrated statistical 
        pattern that--
                    (A) shows a substantial increase, compared against 
                the 5 most recent calendar years of empirical data on 
                Federal authorization or permit decisions and delays 
                for that specific type of covered project, in--
                            (i) the percentage of Federal 
                        authorizations or permits for that 1 specific 
                        type of covered project that are unreasonably 
                        delayed beyond the applicable timeline as 
                        described in subsection (d)(1)(A)(ii); or
                            (ii) the percentage of Federal 
                        authorizations or permits for that 1 specific 
                        type of covered project that are improperly 
                        denied;
                    (B) persists--
                            (i) for a Federal authorization or permit 
                        for which an environmental impact statement or 
                        environmental assessment (as those terms are 
                        defined in section 3 of the National 
                        Environmental Policy Act of 1969) are not 
                        required, over a minimum period of 180 days, at 
                        least 180 days of which occurred after the date 
                        of enactment of this Act; or
                            (ii) for a Federal authorization or permit 
                        for which an environmental impact statement or 
                        environmental assessment (as so defined) are 
                        required, over a minimum period of 280 days, at 
                        least 280 days of which occurred after the date 
                        of enactment of this Act; and
                    (C) is the result of an intentional course of 
                action undertaken by the Federal Government to create 
                such a pattern.
            (4) Specific type of covered project.--The term ``specific 
        type of covered project'' means 1 of the following types of 
        projects:
                    (A) A project to produce electricity from onshore 
                wind.
                    (B) A project to produce electricity from offshore 
                wind.
                    (C) A project to produce electricity from solar.
                    (D) An energy storage project.
                    (E) A project to produce electricity from coal.
                    (F) A project to produce electricity from natural 
                gas.
                    (G) A project to produce electricity from oil.
                    (H) A project to produce electricity from a nuclear 
                fission reactor.
                    (I) A project to produce electricity from 
                geothermal.
                    (J) An onshore electricity transmission project.
                    (K) An offshore electricity transmission project.
                    (L) A natural gas pipeline project.
                    (M) An oil pipeline project.
                    (N) A hydrogen pipeline project.
                    (O) A carbon dioxide pipeline project.
                    (P) A natural gas liquids pipeline project.
                    (Q) A project to produce coal.
                    (R) A project to produce onshore natural gas.
                    (S) A project to produce offshore natural gas.
                    (T) A project to produce onshore oil.
                    (U) A project to produce offshore oil.
                    (V) A hardrock mining project to produce minerals, 
                with hardrock mining projects that produce the same 
                mineral to be considered the same specific type of 
                covered project for purposes of this paragraph.
                    (W) A hardrock mineral processing project to 
                produce or expand production of hardrock minerals.
                    (X) A project to produce electricity from hydrogen.
                    (Y) A project to produce electricity from biomass.
                    (Z) A project to refine or process petroleum 
                products.
                    (AA) A project to produce biomass.
                    (BB) A hydropower project.
                    (CC) A pumped storage hydropower project.
                    (DD) A project to produce electricity from a fusion 
                machine.
                    (EE) A project to produce uranium.
                    (FF) A project to enrich, convert, fabricate, 
                reprocess, or store source material or special nuclear 
                material (as those terms are defined in section 11 of 
                the Atomic Energy Act of 1954 (42 U.S.C. 2014)).
                    (GG) A project to export or import liquefied 
                natural gas.
                    (HH) A project to liquefy natural gas or to 
                regasify liquefied natural gas.
                    (II) A project to export or import crude oil.
                    (JJ) A project to export or import refined 
                petroleum products.
                    (KK) A project to export or import coal.
                    (LL) A geologic carbon dioxide sequestration or 
                storage project, including an injection well.
                    (MM) An enhanced oil or natural gas recovery 
                project, including a project using carbon dioxide, 
                water, or other injectants.
                    (NN) Long-duration battery storage.
                    (OO) A project to refine or process crude oil.
                    (PP) A project to refine natural gas or natural gas 
                liquids.
                    (QQ) An ammonia pipeline project.
                    (RR) A produced water pipeline project.
                    (SS) A helium pipeline project.
                    (TT) A coal gasification project.
                    (UU) Any other specific type of energy related 
                project not described in subparagraphs (A) through (TT) 
                that a United States district court of competent 
                jurisdiction certifies shares common industrial 
                characteristics, taking into account the specificity of 
                the covered project types described in subparagraphs 
                (A) through (TT).
    (c) Timeline for Issuance of Certain Authorizations or Permits Not 
Subject to Environmental Reviews.--For any specific type of covered 
project for which 1 or more Federal authorizations or permits are 
required, but for which Federal authorizations or permits are not 
agency actions for which an environmental impact statement or 
environmental assessment (as those terms are defined in section 3 of 
the National Environmental Policy Act of 1969) is required, all Federal 
departments and agencies shall render decisions on all applicable 
covered applications not later than 1 year after the date on which the 
latest of the covered applications is determined to be complete.
    (d) Judicial Review.--
            (1) Cause of action.--
                    (A) 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 alleging, subject to subparagraph (B), that 
                after the date of enactment of this Act 1 or more 
                Federal authorizations or permits for that specific 
                type of covered project were--
                            (i) improperly denied due to a pattern of 
                        disparate treatment by the Federal Government 
                        against the specific type of covered project at 
                        issue; or
                            (ii) 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 60 days beyond 
                        the applicable deadline described in--
                                    (I) section 107(g)(1)(A) of the 
                                National Environmental Policy Act of 
                                1969 (42 U.S.C. 4336a(g)(1)(A));
                                    (II) section 107(g)(1)(B) of the 
                                National Environmental Policy Act of 
                                1969 (42 U.S.C. 4336a(g)(1)(B)); or
                                    (III) subsection (c).
                    (B) Requirement.--
                            (i) In general.--In a cause of action 
                        brought under subparagraph (A), the applicant 
                        shall have the burden of proof of showing 
                        that--
                                    (I) the relevant application 
                                satisfies all applicable Federal law;
                                    (II) the applicable Federal 
                                authorizations or permits would not, if 
                                granted, be subject to cancellation--
                                            (aa) for a violation of 
                                        application Federal law; or
                                            (bb) because the Federal 
                                        authorization or permit would 
                                        have been obtained through 
                                        fraud, intentional concealment, 
                                        or material misrepresentation; 
                                        and
                                    (III) 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 
                                Act.
                            (ii) Prima facie evidence.--
                                    (I) Evidence.--The following shall 
                                be considered by a court as prima facie 
                                evidence of a pattern of disparate 
                                treatment under clause (i)(III):
                                            (aa) 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 
                                        permits.
                                            (bb) Supporting evidence.--
                                        In support of the empirical 
                                        evidence described in item 
                                        (aa), an applicant may provide 
                                        supporting evidence, including 
                                        a pattern of statements made by 
                                        executive branch officials, 
                                        Federal department and agency 
                                        policies, Executive orders, or 
                                        other official guidance that 
                                        demonstrates a bias in the 
                                        permitting regime against the 
                                        specific type of covered 
                                        project at issue, except as 
                                        provided in subclause (II).
                                    (II) Exclusion.--Statements, 
                                policies, Executive orders, or other 
                                guidance that expresses a preference 
                                for, or opposition to, 1 or more 
                                specific types of covered projects, but 
                                is unrelated to the permitting of such 
                                projects, shall not be considered by a 
                                court as supporting evidence of a 
                                pattern of disparate treatment under 
                                subclause (I)(bb).
                            (iii) Burden of evidentiary production.--
                                    (I) In general.--In a cause of 
                                action brought under this paragraph, if 
                                the applicant produces prima facie 
                                evidence of a pattern of disparate 
                                treatment under clause (i), 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 5 calendar years showing, 
                                with respect to the specific type of 
                                covered project at issue--
                                            (aa) the number and 
                                        percentage of projects that 
                                        received all necessary Federal 
                                        authorizations or permits;
                                            (bb) the number and 
                                        percentage of projects that 
                                        were denied 1 or more Federal 
                                        authorizations or permits; and
                                            (cc) the number and 
                                        percentage of projects for 
                                        which 1 or more covered 
                                        applications were pending for 
                                        more than 60 days beyond the 
                                        applicable deadline described 
                                        in subsection (c).
                                    (II) Failure to produce.--A failure 
                                of the Federal Government to produce 
                                the data described in subclause (I) 
                                shall result in an adverse inference 
                                against the 1 or more Federal agencies 
                                named in the cause of action.
                    (C) Record for review.--The court shall hear a 
                cause of action brought under this paragraph solely 
                on--
                            (i) the evidence produced by the applicant;
                            (ii) the administrative record before the 
                        agency; and
                            (iii) any raw statistical data required to 
                        be provided under subparagraph (B)(iii).
            (2) Remedy.--
                    (A) 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 (1), the applicant shall be entitled to--
                            (i) injunctive relief, as provided by 
                        applicable Federal law;
                            (ii) reasonable attorney fees and costs of 
                        litigation, as the court determines 
                        appropriate;
                            (iii) economic damages, including any costs 
                        associated with the applicable denial or delay, 
                        as the court determines appropriate; and
                            (iv) damages in an amount equal to not less 
                        than 50 percent and not more than 100 percent 
                        of the total reasonably expected cost of 
                        construction of the project, which amount shall 
                        be determined by the court taking into 
                        consideration--
                                    (I) the degree to which the Federal 
                                interference in the applicable specific 
                                type of covered project occurred due to 
                                bad faith;
                                    (II) the degree to which there 
                                exists a pattern of similar Federal 
                                interference in specific types of 
                                covered projects; and
                                    (III) the actual degree of economic 
                                harm to the project sponsor or 
                                operator.
                    (B) Requirement.--To receive a remedy under 
                subparagraph (A), the applicant shall demonstrate the 
                technical and financial ability to construct the 
                applicable specific type of covered project.
            (3) Project completion.--An applicant that receives a 
        remedy under paragraph (2) shall, after obtaining all necessary 
        Federal authorizations or permits and absent force majeure--
                    (A) complete the applicable specific type of 
                covered project; or
                    (B) repay all remedies received under paragraph 
                (2).
            (4) Source of funds.--Amounts awarded under paragraph (2)--
                    (A) shall be paid from the fund described in 
                section 1304 of title 31, United States Code; and
                    (B) shall not be subject to the availability of 
                appropriations.
            (5) Prohibition on class actions.--Rule 23 of the Federal 
        Rules of Civil Procedure shall not apply to any action brought 
        under this section, 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 23 of the Federal Rules of Civil Procedure.
            (6) Limitation on bringing claims.--With respect to a claim 
        filed under this section after the date of enactment of this 
        Act--
                    (A) no claim related to a Federal authorization or 
                permit for which an environmental impact statement or 
                environmental assessment (as those terms are defined in 
                section 3 of the National Environmental Policy Act of 
                1969) is required may be filed until the date that is 
                280 days after that date of enactment; and
                    (B) no claim related to a Federal authorization or 
                permit for which an environmental impact statement or 
                environmental assessment (as so defined) is not 
                required may be filed until the date that is 180 days 
                after that date of enactment.

SEC. 1403. AVOIDING UNREASONABLE DELAYS IN PERMITTING.

    (a) Definitions.--In this section:
            (1) Covered application.--The term ``covered application'' 
        means a complete application for 1 or more Federal 
        authorizations or permits.
            (2) Federal authorization or permit.--The term ``Federal 
        authorization or permit'' means an authorization, permit, 
        record of decision, right-of-way, finding of no significant 
        impact, verification, extension, construction and operations 
        plan, biological opinion, incidental take statement, 
        concurrence, or any other approval or order that is necessary, 
        including any determination by a Federal department or agency 
        that additional authorizations or permits are not necessary, 
        for the construction or operation at full capacity of a 
        project.
    (b) Right To Petition.--An applicant seeking a Federal 
authorization or permit for which an environmental impact statement or 
environmental assessment (as those terms are defined in section 3 of 
the National Environmental Policy Act of 1969) is not required may 
obtain judicial review of the compliance by a Federal agency with the 
deadline established under section 1402(c) 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 located.
    (c) Exceptions.--The failure of a Federal agency to comply with the 
deadline established under section 1402(c) 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--
            (1) a natural disaster, act of God, or act of war that 
        reasonably impaired the ability of the Federal agency to comply 
        with the relevant deadline established under section 1402(c);
            (2) a national emergency for which the only available 
        response is to delay the decision on the Federal authorization 
        or permit beyond the applicable deadline;
            (3) the covered application being based on fraud or 
        material misrepresentations of fact;
            (4) 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 information; or
            (5) a lapse in appropriations of more than 14 days 
        affecting 1 or more of the relevant Federal agencies with 
        decisionmaking authority over the Federal authorization or 
        permit.
    (d) Remedy.--If a court of competent jurisdiction finds that a 
Federal agency has failed to act in accordance with this section, the 
court shall--
            (1) provide injunctive relief, as appropriate, to give 
        effect to this section; and
            (2) retain jurisdiction to ensure compliance with any such 
        injunctive relief provided.
    (e) Expedited Procedures; Time to Decide.--A reviewing court 
shall--
            (1) establish an expedited schedule for briefing and 
        disposition under this section; and
            (2) issue a decision under this section as expeditiously as 
        practicable, but not later than 120 days, after the date on 
        which the petition is filed under subsection (b), absent 
        extraordinary circumstances.
    (f) Order.--A court awarding injunctive relief under subsection 
(d)(1) shall issue an order requiring a decision on the covered 
application not later than 60 days after the date on which the order is 
issued.

         DIVISION B--COMMITTEE ON ENERGY AND NATURAL RESOURCES

                     TITLE I--ELECTRIC TRANSMISSION

SEC. 2101. TRANSMISSION PERMITTING.

    (a) Definitions.--Section 216 of the Federal Power Act (16 U.S.C. 
824p) is amended by striking subsection (a) and inserting the 
following:
    ``(a) Definitions.--In this section:
            ``(1) Affected landowner.--The term `affected landowner' 
        includes each owner of a property interest in affected 
        property, including--
                    ``(A) the Federal Government;
                    ``(B) a State or local government; and
                    ``(C) each owner noted in the most recent county or 
                city tax record as receiving the relevant tax notice 
                with respect to that interest.
            ``(2) Affected property.--The term `affected property' 
        means any land or other property--
                    ``(A) that is or will be crossed by the energy 
                transmission facility proposed to be constructed or 
                modified under the applicable permit under subsection 
                (b);
                    ``(B) 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 (b);
                    ``(C) that abuts any boundary of an existing right-
                of-way or other facility site that--
                            ``(i) is owned by an electric utility; and
                            ``(ii) is located not more than 500 feet 
                        from the energy transmission facility to be 
                        constructed or modified under the applicable 
                        permit under subsection (b);
                    ``(D) 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 (b);
                    ``(E) that is crossed by, or abuts any boundary of, 
                an existing or proposed right-of-way that--
                            ``(i) will be used for the energy 
                        transmission facility to be constructed or 
                        modified under the applicable permit under 
                        subsection (b); and
                            ``(ii) is located not more than 500 feet 
                        from the proposed location of that energy 
                        transmission facility; or
                    ``(F) on which a residence is located not more than 
                500 feet from the boundary of any right-of-way for that 
                energy transmission facility.
            ``(3) Commission.--The term `Commission' means the Federal 
        Energy Regulatory Commission.
            ``(4) Improved reliability.--The term `improved 
        reliability' has the meaning given the term in section 225(a).
            ``(5) Landowner input.--The term `landowner input' means 
        input received--
                    ``(A) by the Commission;
                    ``(B) from affected landowners, such as farmers and 
                ranchers, in the path of the proposed construction or 
                modification of an electric transmission facility; and
                    ``(C) pursuant to notification provided to, and 
                consultation with, those affected landowners, farmers, 
                and ranchers by the Commission.
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Energy.''.
    (b) Construction Permit.--Section 216(b) of the Federal Power Act 
(16 U.S.C. 824p(b)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``Except'' and all that follows through ``finds that'' and 
        inserting ``Except as provided in subsections (d)(1) and (i), 
        the Commission shall, after notice and an opportunity for 
        hearing, including a public comment period of at least 45 days, 
        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 that'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A)(i), by inserting ``or 
                modification'' after ``siting''; and
                    (B) in subparagraph (C)--
                            (i) in the matter preceding clause (i), by 
                        inserting ``or modification'' after ``siting''; 
                        and
                            (ii) in clause (i), by striking ``the later 
                        of'' in the matter preceding subclause (I) and 
                        all that follows through the semicolon at the 
                        end of subclause (II) and inserting ``the date 
                        on which the application was filed with the 
                        State commission or other entity;''; and
            (3) by striking paragraphs (2) through (6) and inserting 
        the following:
            ``(2) the proposed facilities will be used for the 
        transmission of electric energy in interstate commerce 
        (including transmission from the outer Continental Shelf to a 
        State) or foreign commerce;
            ``(3) the proposed construction or modification is 
        consistent with the public interest;
            ``(4) the proposed construction or modification will 
        protect or benefit consumers and provide improved reliability;
            ``(5) the electric transmission facilities are capable of 
        transmitting electric energy at a voltage of not less than 230 
        kilovolts or, in the case of facilities that include advanced 
        transmission conductors (including superconductors), as defined 
        by the Commission, voltages determined to be appropriate by the 
        Commission; and
            ``(6) if applicable, the proposed modification (including 
        reconductoring) will maximize, to the extent reasonable and 
        economical, the transmission capabilities of existing towers, 
        structures, or rights-of-way.''.
    (c) State Siting and Consultation.--Section 216 of the Federal 
Power Act (16 U.S.C. 824p) is amended by striking subsection (d) and 
inserting the following:
    ``(d) State Siting and Consultation.--
            ``(1) Preservation of state siting authority.--The 
        Commission shall have no authority to issue a permit under 
        subsection (b) for the construction or modification of an 
        electric transmission facility within a State except as 
        provided in paragraph (1) of that subsection.
            ``(2) Consultation.--In any proceeding before the 
        Commission under subsection (b), the Commission shall afford 
        each State in which a transmission facility covered by the 
        permit is or will be located, each affected Federal agency and 
        Indian Tribe, private property owners, and other interested 
        persons, a reasonable opportunity to present their views and 
        recommendations with respect to the need for and impact of a 
        facility covered by the permit.
            ``(3) Landowner input.--In authorizing the construction or 
        modification of an electric transmission facility under 
        subsection (b), the Commission shall take into account 
        landowner input.
            ``(4) State record.--In any proceeding before the 
        Commission under subsection (b), each State in which a 
        transmission facility covered by the permit is or will be 
        located may file with the Commission, and the Commission shall 
        consider, any part of the State record, if applicable, that the 
        State finds to be relevant to the determination of the 
        Commission.
            ``(5) Pre-filing processes.--Any Commission-related pre-
        filing processes relating to an application submitted under 
        subsection (c) may commence before, but shall commence no later 
        than, an application is submitted to the applicable State 
        commission or other entity that has authority to approve the 
        siting of the applicable facility.
            ``(6) Simultaneous processing.--In the case of transmission 
        facilities that are capable of transmitting electric energy at 
        a voltage of not less than 345 kilovolts, an application under 
        subsection (c) shall be submitted to the Commission 
        simultaneously with, or any time after, the submission of an 
        application to the applicable State commission or other entity 
        that has authority to approve the siting of the applicable 
        facility, and the Commission shall commence a proceeding under 
        subsection (b).
            ``(7) Limitations.--Simultaneous processing under paragraph 
        (6) is subject to the condition that the Commission shall not 
        issue a permit under subsection (b) unless the Commission first 
        makes a finding described in subparagraph (A), (B), or (C) of 
        subsection (b)(1) with respect to the applicable electric 
        transmission facility.''.
    (d) Rights-of-Way.--Section 216(e)(3) of the Federal Power Act (16 
U.S.C. 824p(e)(3)) is amended by striking ``shall conform'' and all 
that follows through the period at the end and inserting ``shall be in 
accordance with rule 71.1 of the Federal Rules of Civil Procedure.''.
    (e) Cost Allocation.--
            (1) In general.--Section 216 of the Federal Power Act (16 
        U.S.C. 824p) is amended by striking subsection (f) and 
        inserting the following:
    ``(f) Cost Allocation.--
            ``(1) Transmission tariffs.--For the purposes of this 
        section and except as provided in paragraph (2), any 
        transmitting utility that owns, controls, or operates electric 
        transmission facilities that the Commission finds to be 
        consistent with the findings under paragraphs (2) through (5) 
        and, if applicable, (6) of subsection (b) shall file a tariff 
        or tariff revision with the Commission pursuant to section 205 
        and the regulations of the Commission allocating the costs of 
        the new or modified transmission facilities.
            ``(2) Exception.--In the case of an exempt transmitting 
        utility (as defined in section 225(a)) that owns, controls, or 
        operates electric transmission facilities described in 
        paragraph (1), the Commission, notwithstanding section 211A(c), 
        shall require the exempt transmitting utility to provide 
        transmission services over such facilities pursuant to section 
        211A and the regulations of the Commission allocating the costs 
        of the new or modified transmission facilities.
            ``(3) 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 benefit, in accordance with the cost-
        causation principle and at least roughly commensurate with the 
        benefits, including through--
                    ``(A) improved reliability;
                    ``(B) reduced congestion;
                    ``(C) reduced power losses;
                    ``(D) greater carrying capacity that delivers 
                improved reliability or reductions in the cost of 
                delivered power;
                    ``(E) reduced operating reserve requirements; and
                    ``(F) improved access to generation that achieves 
                reductions in the cost of delivered power.
            ``(4) Ratepayer protection.--Customers that receive no 
        benefit, or benefits that are trivial in relation to the costs 
        sought to be allocated, from electric transmission facilities 
        constructed or modified under this section shall not be 
        involuntarily allocated any of the costs of those transmission 
        facilities, provided, however, that nothing in this section 
        shall prevent a transmitting utility from recovering such costs 
        through voluntary agreement with its customers.''.
            (2) Savings provision.--If the Federal Energy Regulatory 
        Commission finds that the considerations under paragraphs (1) 
        through (5) and, if applicable, (6) of section 216 of the 
        Federal Power Act (16 U.S.C. 824p) (as amended by subsection 
        (b)) are met, 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 
        (f)(1) of that section (as amended by paragraph (1)).
    (f) Coordination of Federal Authorizations for Transmission 
Facilities.--Section 216(h) of the Federal Power Act (16 U.S.C. 
824p(h)) is amended--
            (1) in paragraph (1), by adding at the end the following:
            ``(C) The term `Federal authorization' includes a 
        certification under section 401 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1341) from a certifying authority (as 
        defined in subsection (h) of that section) and any other 
        permit, license, concurrence, or approval of a State 
        administrative agency required under Federal law, other than 
        the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
        seq.), in order to site a transmission facility.'';
            (2) in paragraph (2), by striking the period at the end and 
        inserting the following: ``, except that--
            ``(A) the Commission shall act as the lead agency in the 
        case of facilities permitted under subsection (b) or section 
        225; and
            ``(B) the Department of the Interior shall act as the lead 
        agency in the case of facilities located on a lease, easement, 
        or right-of-way granted by the Secretary of the Interior under 
        section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 
        U.S.C. 1337(p)(1)(C)).'';
            (3) in each of paragraphs (3), (4)(B), (4)(C), (5)(B), 
        (6)(A), (7)(A), (7)(B)(i), (8)(A)(i), and (9), by striking 
        ``Secretary'' each place it appears and inserting ``lead 
        agency'';
            (4) in paragraph (4)(A), by striking ``As head of the lead 
        agency, the Secretary'' and inserting ``The lead agency'';
            (5) in paragraph (5)(A), by striking ``As lead agency head, 
        the Secretary'' and inserting ``The lead agency'';
            (6) in paragraph (7)--
                    (A) in subparagraph (A), by striking ``18 months 
                after the date of enactment of this section'' and 
                inserting ``18 months after the date of enactment of 
                the Bipartisan American Affordability and Jobs Act of 
                2026''; and
                    (B) in subparagraph (B)(i), by striking ``1 year 
                after the date of enactment of this section'' and 
                inserting ``18 months after the date of enactment of 
                the Bipartisan American Affordability and Jobs Act of 
                2026''; and
            (7) by adding at the end the following:
    ``(10) Any order or action of a Federal agency or State 
administrative agency acting pursuant to Federal law to issue, 
condition, 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 313, and a court shall have 
jurisdiction over the action in accordance with the third sentence of 
subsection (b) of that section, the courts described in that section 
having original and exclusive jurisdiction over such actions.''.
    (g) Interstate Compacts.--Section 216(i) of the Federal Power Act 
(16 U.S.C. 824p(i)) is amended--
            (1) in paragraph (3), by striking ``, including facilities 
        in national interest electric transmission corridors''; and
            (2) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``; and'' and 
                inserting a period;
                    (B) by striking subparagraph (B); and
                    (C) by striking ``in disagreement'' in the matter 
                preceding subparagraph (A) and all that follows through 
                ``(A) the'' in subparagraph (A) and inserting ``unable 
                to reach an agreement on an application seeking 
                approval by the''.
    (h) Transmission Infrastructure Investment.--Section 219(b)(4) of 
the Federal Power Act (16 U.S.C. 824s(b)(4)) is amended--
            (1) in subparagraph (A), by striking ``and'' after the 
        semicolon at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) all prudently incurred costs associated with 
                payments to jurisdictions impacted by electric 
                transmission facilities developed pursuant to section 
                216 or 225.''.
    (i) Jurisdiction.--Section 216 of the Federal Power Act (16 U.S.C. 
824p) is amended by striking subsection (k) and inserting the 
following:
    ``(k) Jurisdiction.--
            ``(1) ERCOT.--This section shall not apply within the area 
        referred to in section 212(k)(2)(A).
            ``(2) Other utilities.--
                    ``(A) In general.--For the purposes of this 
                section, the Commission shall have jurisdiction over 
                all transmitting utilities, including transmitting 
                utilities described in section 201(f), but excluding 
                any ERCOT utility (as defined in section 212(k)(2)(B)) 
                and any exempt transmitting utility that does not 
                voluntarily subject itself to Commission jurisdiction 
                for the purposes of this section.
                    ``(B) Clarification.--Being subject to Commission 
                jurisdiction for the purposes of this section shall not 
                make an entity described in section 201(f) a public 
                utility for the purposes of section 201(e).''.
    (j) Conforming Amendments.--
            (1) Section 50151(b) of Public Law 117-169 (42 U.S.C. 
        18715(b)) is amended by striking ``facilities designated by the 
        Secretary to be necessary in the national interest under 
        section 216(a) of the Federal Power Act (16 U.S.C. 824p(a))'' 
        and inserting ``facilities in a geographic area identified 
        under section 224 of the Federal Power Act''.
            (2) Section 1222 of the Energy Policy Act of 2005 (42 
        U.S.C. 16421) is amended--
                    (A) in subsection (a)(1)(A), by striking ``in a 
                national interest electric transmission corridor 
                designated under section 216(a)'' and inserting ``in a 
                geographic area identified under section 224''; and
                    (B) in subsection (b)(1)(A), by striking ``in an 
                area designated under section 216(a)'' and inserting 
                ``in a geographic area identified under section 224''.
            (3) Section 40106(h)(1)(A) of the Infrastructure Investment 
        and Jobs Act (42 U.S.C. 18713(h)(1)(A)) is amended by striking 
        ``in an area designated as a national interest electric 
        transmission corridor pursuant to section 216(a) of the Federal 
        Power Act 16 U.S.C. 824p(a)'' and inserting ``in a geographic 
        area identified under section 224 of the Federal Power Act''.

SEC. 2102. RECONDUCTORING AND OTHER ACTIVITIES IN EXISTING RIGHTS-OF-
              WAY.

    (a) Categorical Exclusion for Reconductoring.--The Federal Power 
Act is amended by inserting after section 216 (16 U.S.C. 824p) the 
following:

``SEC. 216A. GRID CAPACITY EXPANSION IN EXISTING RIGHTS-OF-WAY.

    ``(a) Definitions.--In this section:
            ``(1) Applicable electrical standard.--The term `applicable 
        electrical standard' includes--
                    ``(A) a reliability standard (as defined in section 
                215(a)); and
                    ``(B) an applicable standard of the National 
                Electrical Safety Code published by the Institute of 
                Electrical and Electronics Engineers Standards 
                Association.
            ``(2) Covered area.--The term `covered area' means an 
        area--
                    ``(A) within an existing right-of-way; or
                    ``(B) within the minimum additional area adjacent 
                to an existing right-of-way that is necessary--
                            ``(i) to comply with applicable electrical 
                        standards; or
                            ``(ii) to complete an activity described in 
                        subsection (b).
            ``(3) Covered facility.--The term `covered facility' means 
        an existing electric transmission or distribution facility or 
        associated infrastructure (including an electrical substation) 
        that is located within a covered area.
    ``(b) Exemptions.--
            ``(1) In general.--Activities to maintain or increase the 
        capacity of the electric grid within a covered area, and any 
        Federal agency action authorizing such activities--
                    ``(A) 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 1969 (42 U.S.C. 4321 et seq.); and
                    ``(B) shall not be considered to be--
                            ``(i) a major Federal action for purposes 
                        of that Act; or
                            ``(ii) an undertaking for purposes of 
                        section 306108 of title 54, United States Code.
            ``(2) Inclusions.--The activities described in paragraph 
        (1) include--
                    ``(A) any repair, maintenance, replacement, 
                upgrade, rebuilding, modification, optimization, minor 
                relocation of, or addition to, a covered facility, 
                including--
                            ``(i) reconductoring;
                            ``(ii) an increase in operating voltage;
                            ``(iii) a circuit addition or adjustment; 
                        and
                            ``(iv) installation of advanced 
                        transmission technologies (as defined in 
                        section 1223(a) of the Energy Policy Act of 
                        2005 (42 U.S.C. 16422(a)));
                    ``(B) any minimum widening of an existing right-of-
                way associated with an activity described in 
                subparagraph (A) that--
                            ``(i) is necessary to comply with 
                        applicable electrical standards; or
                            ``(ii) remains within a covered area;
                    ``(C) an addition of energy storage at or near a 
                covered facility; and
                    ``(D) the addition of a parallel circuit within an 
                existing right-of-way.''.
    (b) Interstate Natural Gas Pipeline Modernization Within Existing 
Corridors.--Section 7 of the Natural Gas Act (15 U.S.C. 717f) is 
amended by adding at the end the following:
    ``(i) Covered Pipeline Activities.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Covered activity.--The term `covered 
                activity' means any repair, maintenance, replacement, 
                upgrade, rebuilding, modification, optimization, minor 
                relocation, looping, compression, capacity-enhancement 
                project, or addition to a covered facility.
                    ``(B) Covered area.--The term `covered area' 
                means--
                            ``(i) an existing right-of-way; and
                            ``(ii) the footprint of original 
                        construction previously authorized and 
                        environmentally reviewed under this Act, 
                        together with any minimum additional area 
                        adjacent to an existing right-of-way that is 
                        necessary to complete a covered activity.
                    ``(C) Covered facility.--The term `covered 
                facility' means an existing interstate natural gas 
                pipeline or associated infrastructure, including a 
                compressor station, meter station, regulator station, 
                valve site, launcher, receiver, storage-related 
                facility, or similar facility located within a covered 
                area.
            ``(2) Environmental review.--A covered activity and any 
        Federal agency action authorizing that covered activity--
                    ``(A) shall not be considered a major Federal 
                action under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) if the covered activity 
                remains within a covered area; and
                    ``(B) shall not be considered an undertaking for 
                purposes of section 306108 of title 54, United States 
                Code, if the covered activity remains within a covered 
                area.
            ``(3) Rule of construction.--Nothing in this subsection 
        affects the applicability of any requirement under--
                    ``(A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.) (commonly known as the `Clean 
                Water Act');
                    ``(B) the Clean Air Act (42 U.S.C. 7401 et seq.); 
                or
                    ``(C) any other applicable Federal law not 
                expressly addressed by this subsection.''.

SEC. 2103. TRANSMISSION PLANNING.

    Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended 
by adding at the end the following:

``SEC. 224. TRANSMISSION STUDY.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of this section and every 3 years thereafter, the Secretary 
of Energy (referred to in this section as the `Secretary'), in 
consultation with affected States and Indian Tribes, shall conduct a 
study of electric transmission capacity constraints and congestion.
    ``(b) Report.--
            ``(1) In general.--Not less frequently than once every 3 
        years, the Secretary shall issue a report based on the study 
        under subsection (a) or other information relating to electric 
        transmission capacity constraints and congestion.
            ``(2) Opportunity for comment.--Before issuing a report 
        under paragraph (1), the Secretary shall--
                    ``(A) provide an opportunity for comment to 
                affected States and Indian Tribes; and
                    ``(B) take into consideration any comments received 
                under subparagraph (A) in preparing the report.
            ``(3) Identification of areas with capacity constraints and 
        congestion.--After considering alternatives and recommendations 
        from interested parties (including any comments received from 
        affected States and Indian Tribes), the Secretary may identify 
        in a report issued under paragraph (1) any geographic area 
        that--
                    ``(A) is experiencing electric energy transmission 
                capacity constraints or congestion that adversely 
                affects consumers; or
                    ``(B) is expected to experience such energy 
                transmission capacity constraints or congestion.
    ``(c) Consultation.--Not less frequently than once every 3 years, 
the Secretary, in conducting the study under subsection (a) and issuing 
the report under subsection (b), shall consult with affected 
transmission planning regions (as defined in section 225(a)) and any 
appropriate regional entity referred to in section 215.
    ``(d) Alaska.--The Secretary--
            ``(1) shall, in consultation with the State of Alaska and 
        affected Indian Tribes, consider any intrastate transmission 
        capacity constraints and congestion within the State of Alaska 
        in the study under subsection (a); and
            ``(2) in issuing the report under subsection (b), may, 
        subject to the approval of the Regulatory Commission of Alaska, 
        identify any geographic area in the State of Alaska that--
                    ``(A) is experiencing electric energy transmission 
                capacity constraints or congestion that adversely 
                affects consumers; or
                    ``(B) is expected to experience such energy 
                transmission capacity constraints or congestion.

``SEC. 225. PLANNING FOR TRANSMISSION FACILITIES THAT ENHANCE GRID 
              RELIABILITY, AFFORDABILITY, AND RESILIENCE.

    ``(a) Definitions.--In this section:
            ``(1) Commission.--The term `Commission' means the Federal 
        Energy Regulatory Commission.
            ``(2) ERO.--The term `ERO' has the meaning given the term 
        in section 215(a).
            ``(3) Exempt transmitting utility.--The term `exempt 
        transmitting utility' means a transmitting utility that is--
                    ``(A) a State or any political subdivision of a 
                State; or
                    ``(B) an electric cooperative that sells less than 
                4,000,000 megawatt hours of electricity per year.
            ``(4) Improved reliability.--The term `improved 
        reliability' means that, on balance, considering each of the 
        matters described in subparagraphs (A) through (D), reliability 
        is improved in a material manner that benefits customers 
        through at least one of the following:
                    ``(A) Facilitating compliance with a mandatory 
                standard for reliability approved by the Commission 
                under section 215.
                    ``(B) A reduction in expected unserved energy, loss 
                of load hours, or loss of load probability (as defined 
                by the ERO).
                    ``(C) Facilitating compliance with a tariff 
                requirement or process for resource adequacy on file 
                with the Commission.
                    ``(D) Any other similar material improvement, 
                including a reduction in correlated outage risk.
            ``(5) Interregional transmission facility.--The term 
        `interregional transmission facility' means a transmission 
        facility that--
                    ``(A) is located within 2 or more neighboring 
                transmission planning regions; or
                    ``(B) significantly impacts the ability of 1 or 
                more transmission planning regions to transmit electric 
                energy among neighboring transmission planning regions.
            ``(6) Regional transmission facility.--The term `regional 
        transmission facility' means a transmission facility that--
                    ``(A) is located within 1 transmission planning 
                region; and
                    ``(B) is not an interregional transmission 
                facility.
            ``(7) Transmission planning region.--
                    ``(A) In general.--The term `transmission planning 
                region'--
                            ``(i) when used in a geographical sense, 
                        means a region for which the Commission 
                        determines that electric transmission planning 
                        is appropriate, such as a region established in 
                        accordance with Order No. 1000 of the 
                        Commission, entitled `Transmission Planning and 
                        Cost Allocation by Transmission Owning and 
                        Operating Public Utilities' (76 Fed. Reg. 49842 
                        (August 11, 2011)); and
                            ``(ii) when used in a corporate sense, 
                        means the Transmission Organization or other 
                        entity responsible for planning or operating 
                        electric transmission facilities within a 
                        region described in clause (i).
                    ``(B) 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 Texas.
    ``(b) Jurisdiction.--
            ``(1) ERCOT.--This section shall not apply within the area 
        referred to in section 212(k)(2)(A).
            ``(2) Other utilities.--
                    ``(A) In general.--For the purposes of this 
                section, the Commission shall have jurisdiction over 
                all transmitting utilities, including transmitting 
                utilities described in section 201(f), but excluding 
                any ERCOT utility (as defined in section 212(k)(2)(B)) 
                and any exempt transmitting utility that does not 
                voluntarily subject itself to Commission jurisdiction 
                for the purposes of this section.
                    ``(B) Clarification.--Being subject to Commission 
                jurisdiction for the purposes of this section shall not 
                make an entity described in section 201(f) a public 
                utility for the purposes of section 201(e).
    ``(c) Rulemaking Requirement.--Not later than 180 days after the 
date of enactment of this section, the Commission shall, consistent 
with the requirements of this section, by rule--
            ``(1) require each transmission planning region to 
        establish a process for planning for regional transmission 
        facilities in accordance with this section;
            ``(2) require neighboring transmission planning regions to 
        jointly establish a process for planning interregional 
        transmission facilities in accordance with this section;
            ``(3) require each transmission planning region to submit 
        to the Commission for approval--
                    ``(A) a regional transmission planning process; and
                    ``(B) a joint interregional transmission planning 
                process with each of its neighboring transmission 
                planning regions, which requirement may, at the 
                discretion of the transmission planning region, be 
                satisfied through the submission of--
                            ``(i) a separate joint interregional 
                        transmission planning process with each of its 
                        neighboring transmission planning regions; or
                            ``(ii) 1 or more joint interregional 
                        transmission planning processes, any of which 
                        may be submitted with any 1 or more of its 
                        neighboring transmission planning regions; and
            ``(4) establish rate treatments for regional and 
        interregional transmission planning and cost allocation.
    ``(d) Transmission Planning Process Elements.--The Commission shall 
require, within the rule under subsection (c), that regional and joint 
interregional transmission planning processes contain the following 
elements:
            ``(1) Compatibility.--A common set of input assumptions and 
        models, on a consistent timeline, that--
                    ``(A) allow for the joint identification and 
                selection of specific interregional transmission 
                facilities, and individual identification and selection 
                of specific regional transmission facilities, by 
                transmission planning regions, for construction or 
                modification, including through the use of advanced 
                transmission conductors (including superconductors) and 
                reconductoring;
                    ``(B) consider, to the extent reasonable and 
                economical, modifications that maximize the 
                transmission capabilities of existing towers, 
                structures, or rights-of-way; and
                    ``(C) consider interactions with existing regional, 
                interregional, and supplemental transmission plans and 
                planning processes.
            ``(2) Transmission benefits.--A common set of benefits for 
        regional and interregional transmission planning and cost 
        allocation, including--
                    ``(A) improved reliability;
                    ``(B) reduced congestion;
                    ``(C) reduced power losses;
                    ``(D) greater carrying capacity that delivers 
                improved reliability or reductions in the cost of 
                delivered power;
                    ``(E) reduced operating reserve requirements; and
                    ``(F) improved access to generation that achieves 
                reductions in the cost of delivered power.
            ``(3) Selection criteria.--Criteria governing the selection 
        by transmission planning regions, for construction or 
        modification, of regional and interregional transmission 
        facilities that--
                    ``(A) provide improved reliability;
                    ``(B) protect or benefit consumers; and
                    ``(C) are consistent with the public interest.
    ``(e) Deadline; Updates.--The regional and joint interregional 
transmission planning processes required to be submitted to the 
Commission pursuant to the rule under subsection (c) shall be--
            ``(1) submitted to the Commission not later than 2 years 
        after the date of enactment of this section; and
            ``(2) updated not less frequently than once every 4 years.
    ``(f) Commission Review.--The Commission shall--
            ``(1) review each regional and joint interregional 
        transmission planning process submitted pursuant to the rule 
        under subsection (c); and
            ``(2) approve the regional or joint interregional 
        transmission planning process if the Commission finds that the 
        process--
                    ``(A) meets the requirements of subsection (d);
                    ``(B) allocates costs in accordance with subsection 
                (g);
                    ``(C) ensures that all rates, charges, terms, and 
                conditions will be just and reasonable and not unduly 
                discriminatory or preferential; and
                    ``(D) is consistent with the public interest.
    ``(g) Cost Allocation.--
            ``(1) Transmission tariffs.--For the purposes of this 
        section and except as provided in paragraph (2), any 
        transmitting utility that owns, controls, 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 205 and the regulations of the 
        Commission allocating the costs of the new or modified 
        transmission facilities.
            ``(2) Exception.--In the case of an exempt transmitting 
        utility that owns, controls, or operates electric transmission 
        facilities described in paragraph (1), the Commission, 
        notwithstanding section 211A(c), shall require the exempt 
        transmitting utility to provide transmission services over such 
        facilities pursuant to section 211A and the regulations of the 
        Commission allocating the costs of the new or modified 
        transmission facilities.
            ``(3) 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 benefit, in accordance with the cost-causation 
        principle and at least roughly commensurate with the benefits, 
        including through the benefits described in subsection (d)(2).
            ``(4) Ratepayer protection.--Customers that receive no 
        benefit, or benefits that are trivial in relation to the costs 
        sought to be allocated, from electric transmission facilities 
        constructed or modified under this section shall not be 
        involuntarily allocated any of the costs of those transmission 
        facilities.
    ``(h) Compliance.--Compliance with a Commission order or rulemaking 
effective as of the date of enactment of this section, including orders 
published in the Federal Register on April 28, 2025, December 6, 2024, 
and June 11, 2024, shall constitute compliance with the regional 
transmission planning and cost allocation requirements of this section.
    ``(i) Construction Permit.--For the purposes of obtaining a 
construction permit under section 216(b), a project that is selected by 
1 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 (2) through (5) and, if applicable, 
(6) of that section.
    ``(j) Failure To Submit Planning Process.--In the event that 
neighboring transmission planning regions (in the case of an 
interregional planning process) or a single planning region (in the 
case of a regional planning process) fails to submit to the Commission 
a regional or joint interregional transmission planning process, as 
applicable, under this section, the Commission shall, as the Commission 
determines to be appropriate, grant a request to extend the time for 
submission of the planning process for not more than 6 months after the 
deadline the Commission requires for compliance with the rule under 
subsection (c).
    ``(k) NEPA.--For purposes of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.)--
            ``(1) any approval of a regional or joint interregional 
        transmission planning process under subsection (f) shall not be 
        considered a major Federal action; and
            ``(2) any permit granted under section 216(b) for a project 
        that is selected by transmission planning regions pursuant to a 
        joint interregional transmission plan shall be considered a 
        major Federal action.''.

SEC. 2104. IMPROVEMENTS RELATING TO LOCAL TRANSMISSION PLANNING AND 
              DEVELOPMENT.

    Part II of the Federal Power Act (16 U.S.C. 824 et seq.) (as 
amended by section 2103) is amended by adding at the end the following:

``SEC. 226. OVERSIGHT OF LOCAL TRANSMISSION PLANNING AND DEVELOPMENT.

    ``(a) Definitions.--In this section:
            ``(1) Commission.--The term `Commission' means the Federal 
        Energy Regulatory Commission.
            ``(2) Local transmission facility.--The term `local 
        transmission facility' means an electric transmission 
        facility--
                    ``(A) that is located entirely within the service 
                territory of a single public utility; and
                    ``(B) the cost of which is recovered entirely from 
                transmission customers within that service territory.
            ``(3) Referring state.--The term `referring State' means 1 
        or more States making a referral under subsection (b).
            ``(4) 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 1 service territory but within a 
        single transmission planning region.
            ``(5) Transmission planning region.--The term `transmission 
        planning region' means a region for which the Commission 
        determines that electric transmission planning is appropriate, 
        such as a region established in accordance with Order No. 1000 
        of the Commission, entitled `Transmission Planning and Cost 
        Allocation by Transmission Owning and Operating Public 
        Utilities' (76 Fed. Reg. 49842 (August 11, 2011)).
    ``(b) State Referral Authority.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Commission shall, by rule, 
        establish procedures by which 1 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 facilities.
            ``(2) Requirements.--A referral under paragraph (1) shall 
        include, at a minimum--
                    ``(A) a description of the 1 or more processes used 
                by the public utility for local transmission planning 
                and development about which the referring State is 
                concerned;
                    ``(B) a description of the harm that those 
                processes may be causing to wholesale or retail 
                electric customers within the referring State; and
                    ``(C) 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 
                Commission.
    ``(c) Commission Action To Exercise Oversight of Local Transmission 
Planning and Development.--
            ``(1) In general.--On receipt of a referral under 
        subsection (b) from a referring State, the Commission shall--
                    ``(A) notice for initial public comment the 
                initiation of an investigation; and
                    ``(B) concurrently with that notice, certify an 
                investigative team to be composed of--
                            ``(i) 1 or more individuals from the Office 
                        of Enforcement and Regulatory Accounting of the 
                        Commission; and
                            ``(ii) up to 3 representatives appointed by 
                        the referring State.
            ``(2) Authority of investigative team.--An investigative 
        team certified under paragraph (1)(B) 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 222.
            ``(3) Preliminary findings report.--If an investigative 
        team certified under paragraph (1)(B) 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 facilities, 
        the investigative team shall issue a preliminary findings 
        report to the Commission explaining that conclusion and 
        recommending a remedy.
            ``(4) Commission response to report.--
                    ``(A) Notice and comment.--On receipt of a 
                preliminary findings report under paragraph (3), the 
                Commission shall notice the report for comment.
                    ``(B) Order.--After reviewing the record, including 
                any comments received under subparagraph (A), the 
                Commission shall issue an order taking any such action 
                as would be available to the Commission in a proceeding 
                under section 222 that the Commission determines to be 
                appropriate, which may include 1 or more of the 
                following remedies:
                            ``(i) Requiring changes to the processes 
                        used by the applicable public utility for 
                        planning local transmission facilities.
                            ``(ii) Reducing the return on equity of the 
                        public utility with respect to local 
                        transmission facilities.
                            ``(iii) Eliminating the presumption of 
                        prudence for local transmission facilities 
                        planned or developed by the public utility.
                            ``(iv) A fine, payable to the referring 
                        State, of up to $5,000,000 for each local 
                        transmission facility--
                                    ``(I) that was developed or 
                                energized during the period beginning 
                                60 days before the referral under 
                                subsection (b) and ending on the date 
                                on which the order under this 
                                subparagraph is issued; and
                                    ``(II) the development or 
                                energizing of which the Commissions 
                                determines--
                                            ``(aa) was imprudent; and
                                            ``(bb) caused financial 
                                        harm to wholesale or retail 
                                        electric customers within the 
                                        referring State.
                            ``(v) Any other appropriate remedy.
    ``(d) Savings Provision.--Nothing in this section limits or impairs 
any authority of the Commission under any other provision of law.''.

SEC. 2105. PROHIBITION OF RIGHT OF FIRST REFUSAL.

    Part II of the Federal Power Act (16 U.S.C. 824 et seq.) (as 
amended by section 2104) is amended by adding at the end the following:

``SEC. 227. 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 
section, 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 allocation.''.

SEC. 2106. CONSOLIDATED PLANNING PROCESS.

    Part III of the Federal Power Act is amended by inserting after 
section 317 (16 U.S.C. 825p) the following:

``SEC. 318. CONSOLIDATED PLANNING PROCESS.

    ``(a) Consolidated Generation and Transmission Planning.--Not later 
than 18 months after the date of enactment of the Bipartisan American 
Affordability and Jobs Act of 2026, the Federal Energy Regulatory 
Commission (referred to in this section as the `Commission') shall 
issue a rule requiring each transmission planning region (as defined in 
section 225(a)) to file a consolidated interconnection and regional 
transmission planning process that--
            ``(1) 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 20 years;
            ``(2) routinely identifies and publishes resource and fuel-
        neutral planned interconnection locations for generating 
        capacity and an upfront, fixed, zonal, per-megawatt cost for 
        each planned interconnection location; and
            ``(3) establishes a streamlined generator cluster study 
        process with a single decision point, meaningful and 
        nonrefundable financial security, and withdrawal penalties 
        sufficient to deter speculative projects.
    ``(b) Deadline; Updates.--The consolidated interconnection and 
regional transmission planning process required to be filed with the 
Commission pursuant to the rule under subsection (a) shall be--
            ``(1) filed with the Commission not later than 2 years 
        after the date of enactment of the Bipartisan American 
        Affordability and Jobs Act of 2026; and
            ``(2) updated not less frequently than once every 2 years.
    ``(c) Commission Review.--The Commission shall--
            ``(1) review each consolidated interconnection and regional 
        transmission planning process filed pursuant to the rule under 
        subsection (a); and
            ``(2) approve the consolidated interconnection and regional 
        transmission planning process if the Commission finds that the 
        process--
                    ``(A) ensures that all rates, charges, terms, and 
                conditions will be just and reasonable and not unduly 
                discriminatory or preferential; and
                    ``(B) is consistent with the public interest.''.

SEC. 2107. RATEPAYER PROTECTION.

    (a) FERC Pricing Policy for Transmission Services Provided by 
Public Utilities and Transmitting Utilities.--
            (1) Findings.--Congress finds that--
                    (A) it is not just and reasonable within the 
                meaning of sections 205 and 206 of the Federal Power 
                Act (16 U.S.C. 824d, 824e) for any public utility or 
                transmitting utility to maintain rates, terms, or 
                conditions of service that, by their terms, charge less 
                than the embedded costs and incremental expansion costs 
                to eligible customers seeking transmission service from 
                computational load owners and computational load 
                operators;
                    (B) 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 customers; and
                    (C) computational load owners and computational 
                load operators should incur the full cost of the 
                transmission service they require.
            (2) Definitions.--In this subsection:
                    (A) 1994 transmission pricing policy statement.--
                The term ``1994 transmission pricing policy statement'' 
                means the policy statement issued by the Commission on 
                October 26, 1994, and published in the Federal Register 
                on November 3, 1994, relating to ``Inquiry Concerning 
                the Commission's Pricing Policy for Transmission 
                Services Provided by Public Utilities Under the Federal 
                Power Act; Policy Statement'' (59 Fed. Reg. 55031).
                    (B) Commission.--The term ``Commission'' means the 
                Federal Energy Regulatory Commission.
                    (C) Computational load operator.--The term 
                ``computational load operator'' means the entity that 
                operates a computational load site.
                    (D) Computational load owner.--The term 
                ``computational load owner'' means the entity that owns 
                a computational load site.
                    (E) Computational load site.--The term 
                ``computational load site'' means 1 or more buildings, 
                structures, or installations at a single location 
                that--
                            (i) primarily contain information 
                        technology infrastructure used for--
                                    (I) creating, executing, and 
                                delivering software applications and 
                                services;
                                    (II) artificial intelligence 
                                training, deployment, and delivery;
                                    (III) cryptocurrency mining; or
                                    (IV) other computational activities 
                                at a data center; and
                            (ii) are supplied through electrical 
                        equipment that is connected to the bulk-power 
                        system (as defined in section 215(a) of the 
                        Federal Power Act (16 U.S.C. 824o(a))).
                    (F) Public utility.--The term ``public utility'' 
                has the meaning given the term in section 201(e) of the 
                Federal Power Act (16 U.S.C. 824(e)).
                    (G) Transmitting utility.--The term ``transmitting 
                utility'' has the meaning given the term in section 3 
                of the Federal Power Act (16 U.S.C. 796).
            (3) Revision of policy statement.--
                    (A) In general.--Not later than 270 days after the 
                date of enactment of this Act, the Commission shall 
                revise the 1994 transmission pricing policy statement--
                            (i) 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 
                        service; and
                            (ii) 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 customers.
                    (B) Requirement.--In revising the 1994 transmission 
                pricing policy statement under subparagraph (A), 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 service.
            (4) Rulemaking.--
                    (A) Notice of proposed rulemaking.--Not later than 
                270 days after the date on which a revised transmission 
                pricing policy statement is published in the Federal 
                Register under paragraph (3), the Commission shall 
                issue a notice of proposed rulemaking requiring public 
                utilities and transmitting utilities--
                            (i) 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 statement; and
                            (ii) to require standardized analysis to 
                        identify upgrades for a computational load site 
                        and cost reduction options, as the Commission 
                        may require by rule.
                    (B) Final rule.--Not later than 1 year after the 
                date on which the notice of proposed rulemaking 
                described in subparagraph (A) is issued, 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 operators.
    (b) Ratepayer Protection for Data Center and High-Density Computing 
Load.--Part II of the Federal Power Act (16 U.S.C. 824 et seq.) (as 
amended by section 2105) is amended by adding at the end the following:

``SEC. 228. RATEPAYER PROTECTION FOR DATA CENTER AND HIGH-DENSITY 
              COMPUTING LOAD.

    ``(a) Definitions.--In this section:
            ``(1) Commission.--The term `Commission' means the Federal 
        Energy Regulatory Commission.
            ``(2) Covered load.--The term `covered load' means electric 
        load that--
                    ``(A) is attributable to 1 or more data centers or 
                high-density computing facilities located at a single 
                site, or at multiple sites under common ownership or 
                control; and
                    ``(B) equals or exceeds 20 megawatts or, in the 
                case of data centers or high-density computing 
                facilities developed in phases, is reasonably expected 
                to equal or exceed 20 megawatts at full buildout.
            ``(3) Data center or high-density computing facility.--
                    ``(A) In general.--The term `data center or high-
                density computing facility' means a facility, or group 
                of co-located facilities, the primary purpose of which 
                is to house computing, networking, or data storage 
                equipment used to process, store, or transmit digital 
                data, including equipment used for--
                            ``(i) artificial intelligence training or 
                        inference;
                            ``(ii) cloud computing or data hosting; or
                            ``(iii) cryptocurrency mining or other 
                        distributed-ledger or digital-asset 
                        computation.
                    ``(B) 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 (A).
            ``(4) 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 load.
            ``(5) Incremental cost.--The term `incremental cost' means 
        the cost that would be avoided had a specific covered load not 
        been served by the electric utility, including all costs to 
        construct, own, and operate power generation or storage 
        resources and electric transmission and distribution services 
        associated with serving the covered load, 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 State, as appropriate.
            ``(6) State.--The term `State' includes the applicable 
        State commission and any other State authority having 
        jurisdiction over retail electric service.
            ``(7) Transmission service category.--The term 
        `transmission service category' means a class of transmission 
        service provided under a tariff on file with the Commission, 
        including--
                    ``(A) network integration transmission service;
                    ``(B) point-to-point transmission service; and
                    ``(C) any interim, non-firm, contract demand, or 
                other service that limits--
                            ``(i) the quantity of energy a load may 
                        withdraw from the transmission system; or
                            ``(ii) the conditions under which the load 
                        may withdraw energy from the transmission 
                        system.
    ``(b) Ratepayer Protection Floor.--
            ``(1) No subsidy of covered load.--No portion of the 
        incremental cost may be allocated to, or recovered in the rates 
        of, any customer other than a covered load, subject to the 
        limitations described in subsection (e).
            ``(2) Surplus permitted.--Paragraph (1) does not limit the 
        authority of the Commission or a State under subsection (c) 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 rates.
            ``(3) Continuing recovery on exit.--A rate, charge, or 
        agreement for service to a covered load shall be designed to 
        recover from the covered load the full incremental cost of the 
        electric utility, and such recovery shall continue 
        notwithstanding the termination by the covered load of a 
        contract or other agreement pertaining to the sale of electric 
        energy, or the cessation by the covered load of the purchase of 
        electric energy, before that incremental cost has been fully 
        recovered.
            ``(4) Financial assurance.--Before constructing, or making 
        an upgrade to, a generation, transmission, or distribution 
        facility necessary to serve a covered load, an electric utility 
        shall require the covered load to provide financial assurances 
        or contributions sufficient to cover the cost of the facility 
        or upgrade, 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 paragraph.
    ``(c) State Authority To Hold Open Seasons and Set Covered-Load 
Rates.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act or any rule or order of the Commission, and consistent 
        with subsection (b)(3), a State may, with respect to retail 
        electric service to covered loads--
                    ``(A) establish rates, charges, or contract terms 
                that recover more than the embedded average cost, and 
                more than the incremental cost, of serving a covered 
                load;
                    ``(B) require that revenue collected from a covered 
                load in excess of incremental cost be credited or 
                applied to reduce the rates of other retail customers;
                    ``(C) in effectuating the policy described in this 
                subsection, use an open season or competitive 
                solicitation to allocate among covered loads the 
                opportunity to obtain and contract for retail electric 
                service, making awards in such manner as returns the 
                greatest benefit to other ratepayers on a present value 
                basis, notwithstanding the order in which applications 
                or requests for service are received from covered loads 
                or any other basis for making such awards, subject to 
                the condition that each award under such an open season 
                or competitive solicitation shall specify the maximum 
                quantity of firm demand awarded, in megawatts, and the 
                transmission service category on the basis of which the 
                covered load is to be served;
                    ``(D) condition the provision of retail electric 
                service to a covered load on the procurement, 
                construction, or contracting by the covered load for 
                new generation resources sufficient to serve the demand 
                of the covered load; and
                    ``(E) condition the provision of retail electric 
                service to a covered load on the covered load taking, 
                or agreeing to take, a transmission service category 
                that limits--
                            ``(i) the quantity of energy the covered 
                        load may withdraw from the transmission system; 
                        or
                            ``(ii) the conditions under which the 
                        covered load may withdraw energy from the 
                        transmission system.
            ``(2) Priority of state competitive solicitations.--
                    ``(A) Broad discretion.--For purposes of an open 
                solicitation, a State shall, with respect to retail 
                electric service to a covered load, be afforded broad 
                discretion to conduct, to authorize an electric utility 
                to conduct, or to require an electric utility to 
                conduct, a competitive solicitation or open season to 
                allocate the opportunity to interconnect, or to obtain 
                service for, a covered load.
                    ``(B) Electric utility filing.--An electric utility 
                may file to conduct a solicitation or open season 
                described in subparagraph (A).
                    ``(C) Authority to require.--A State may require an 
                electric utility to conduct an open season described in 
                subparagraph (A).
    ``(d) Protection of American Industry.--A State may treat covered 
loads as a separate class of service, and may establish rates, charges, 
terms, conditions, and interconnection or service priorities for 
covered loads that differ from, and that are less favorable than, those 
applicable to other large industrial, manufacturing, or commercial 
loads.
    ``(e) Rules of Construction.--
            ``(1) State and federal authority.--Except as expressly 
        provided in subsection (c), nothing in this section expands or 
        diminishes the jurisdiction of the Commission or of any State, 
        including State authority over retail electric service, rate 
        design, and resource planning.
            ``(2) Recognition of reserved state authority.--
                    ``(A) In general.--The authority described in 
                subsection (c)(1) is an attribute of the reserved 
                authority of the States over retail electric service.
                    ``(B) Clarification.--This section--
                            ``(i) recognizes and confirms the authority 
                        described in subparagraph (A); and
                            ``(ii) is not the source of that authority.
    ``(f) Applicability.--
            ``(1) Prospective application.--Subsections (b) and (c) 
        apply to a covered load that interconnects on or after the date 
        of enactment of this section.
            ``(2) 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 
        effect.''.

SEC. 2108. DISPATCHABLE ENERGY SYSTEMS MARKET ACCESS.

    (a) Definitions.--Section 3 of the Federal Power Act (16 U.S.C. 
796) is amended by adding at the end the following:
            ``(30) Qualifying behind-the-meter distributed energy 
        system facility; qualifying BTM DES facility.--The term 
        `qualifying behind-the-meter distributed energy system 
        facility' or `qualifying BTM DES facility' means a facility 
        that--
                    ``(A) is an energy storage system (including a 
                battery energy storage system), a fuel cell system, a 
                generator, or other resource--
                            ``(i) that can be brought online within 15 
                        minutes of being called on for deployment; and
                            ``(ii) the output of which can be 
                        dispatched and adjusted at the signal of the 
                        system operator;
                    ``(B) is located behind the meter of a retail 
                customer of a distribution utility (as defined in 
                section 217(a));
                    ``(C) has a rated capacity of not less than 5 
                kilowatts; and
                    ``(D) maintains metering and telemetry capabilities 
                that--
                            ``(i) are sufficient to dispatch the 
                        facility, account for withdrawals from and 
                        injections to the grid, and communicate all 
                        relevant operational data from the facility; 
                        and
                            ``(ii) are not required to include 
                        equipment owned or installed by the 
                        distribution utility (as so defined), and may 
                        include the use of device-level equipment, 
                        including inverters.
            ``(31) Qualifying behind-the-meter distributed energy 
        system aggregation; qualifying BTM DES aggregation.--The term 
        `qualifying behind-the-meter distributed energy system 
        aggregation' or `qualifying BTM DES aggregation' means an 
        aggregation of 2 or more qualifying BTM DES facilities--
                    ``(A) with a combined capacity of not less than 100 
                kilowatts; and
                    ``(B) that maintains aggregation-level metering and 
                telemetry capabilities sufficient to facilitate the 
                dispatch and market settlement of the aggregation.''.
    (b) Rule of Construction.--Section 201 of the Federal Power Act (16 
U.S.C. 824) is amended by adding at the end the following:
    ``(h) Qualifying BTM DES Facilities and Aggregations.--The 
designation of a facility as a qualifying BTM DES facility or an 
aggregation of 2 or more facilities as a qualifying BTM DES aggregation 
does not, of itself, subject any of the following to the jurisdiction 
of the Commission:
            ``(1) The facility or aggregation.
            ``(2) The retail electric service provided to or for the 
        facility or aggregation.
            ``(3) The distribution service on which the facility or 
        aggregation relies.''.
    (c) Wholesale Market Access for Qualifying BTM DES Aggregations.--
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) (as amended by 
section 2107(b)) is amended by adding at the end the following:

``SEC. 229. WHOLESALE MARKET ACCESS FOR QUALIFYING BTM DES 
              AGGREGATIONS.

    ``(a) Definitions.--In this section:
            ``(1) Commission.--The term `Commission' means the Federal 
        Energy Regulatory Commission.
            ``(2) 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 interval.
    ``(b) Just and Reasonable Practices.--Effective on the date that is 
18 months after the date of enactment of this section, it shall not be 
just and reasonable within the meaning of sections 205 and 206 for any 
Transmission Organization to maintain rates, terms, or conditions of 
service that, by their terms and to the extent that such rates, terms, 
and conditions directly affect wholesale rates, prevent the 
participation of any qualifying BTM DES aggregation in wholesale 
energy, capacity, or ancillary services markets administered by the 
Transmission Organization.
    ``(c) Prohibited Practices.--The following practices shall not be 
considered to be just and reasonable within the meaning of sections 205 
and 206:
            ``(1) Imposing metering, telemetry, or equipment 
        requirements that are inconsistent with the definitions of the 
        terms `qualifying BTM DES facility' and `qualifying BTM DES 
        aggregation' in section 3.
            ``(2) 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 market.
            ``(3) 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 aggregation.
            ``(4) Any other practice otherwise described in subsection 
        (b).
    ``(d) Compliance Filings.--
            ``(1) Transmission organization filings.--Not later than 
        180 days after the date of enactment of this section, each 
        Transmission Organization that administers a wholesale market 
        subject to the jurisdiction of the Commission shall file with 
        the Commission proposed rates, terms, and conditions of service 
        that comply with the requirements of this section.
            ``(2) Commission action.--Not later than 180 days after the 
        filing of a proposal under paragraph (1), the Commission 
        shall--
                    ``(A) approve the proposal if the Commission 
                determines that the proposal complies with this 
                section; or
                    ``(B) require or impose such changes as the 
                Commission determines to be just, reasonable, and in 
                compliance with this section.
    ``(e) Complaints.--
            ``(1) In general.--The Commission shall act on the merits 
        of any complaint alleging noncompliance with this section not 
        later than 180 days after the date on which the complaint is 
        filed.
            ``(2) Consolidation.--To maximize administrative 
        efficiency, the Commission may consolidate and act upon related 
        complaints with respect to a given Transmission Organization.
    ``(f) Dual Participation; Prohibition on Double Compensation.--
            ``(1) 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 Organization, 
        and nothing in this section requires a qualifying BTM DES 
        facility to participate in any wholesale market.
            ``(2) Prohibition on double compensation.--No qualifying 
        BTM DES facility or qualifying BTM DES aggregation shall 
        receive double compensation.
            ``(3) Qualifying btm des rate filing.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this section, each 
                Transmission Organization shall file with the 
                Commission under section 205 revisions to its tariff 
                establishing settlement, metering, and telemetry 
                protocols that exclude from wholesale market settlement 
                the quantity of energy, ancillary service, or capacity, 
                evaluated on a service-by-service basis, for which a 
                qualifying BTM DES facility has received or will 
                receive compensation under a State-jurisdictional 
                retail market or program, such that, for example, 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 
                compensation.
                    ``(B) Electric utilities.--Each public utility that 
                provides distribution service to a qualifying BTM DES 
                facility shall provide to the applicable Transmission 
                Organization and aggregator, in a form and on a 
                schedule established by the Transmission Organization, 
                the interval metering data and program-participation 
                information necessary to implement subparagraph (A), 
                subject to such protections for customer-specific 
                information as the applicable State commission may 
                require.
                    ``(C) Certification.--
                            ``(i) In general.--Each aggregator shall 
                        certify to the applicable Transmission 
                        Organization, on a schedule established by the 
                        Commission--
                                    ``(I) each State-jurisdictional 
                                retail market or program from which 
                                each qualifying BTM DES facility has 
                                received compensation; and
                                    ``(II) on the basis of final 
                                determinations made by the Commission 
                                arising from the proceedings initiated 
                                under subparagraph (A), that no 
                                qualifying BTM DES facility in its 
                                aggregation has retained double 
                                compensation during the certification 
                                period.
                            ``(ii) Treatment.--A certification under 
                        this subparagraph shall constitute a statement 
                        made to the Commission for purposes of sections 
                        316 and 316A.
            ``(4) Complaint with respect to double compensation.--
                    ``(A) In general.--Any person, electric utility, 
                State, municipality, or State commission aggrieved by 
                alleged double compensation may file a complaint 
                pursuant to section 206.
                    ``(B) Procedure.--In a proceeding initiated 
                pursuant to a complaint under subparagraph (A), 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 program, the complainant in 
                that proceeding shall--
                            ``(i) bear the burden of proof before the 
                        Commission; and
                            ``(ii) demonstrate that--
                                    ``(I) double compensation has in 
                                fact occurred or is imminent; and
                                    ``(II) such double compensation 
                                could not be avoided through reasonable 
                                adjustments to--
                                            ``(aa) wholesale market 
                                        compensation received by the 
                                        applicable qualifying BTM DES 
                                        facility or qualifying BTM DES 
                                        aggregation; or
                                            ``(bb) the retail bill 
                                        associated with the qualifying 
                                        BTM DES facility or qualifying 
                                        BTM DES aggregation, using 
                                        metering and telemetry data 
                                        that meets the requirements of 
                                        the wholesale market.
                    ``(C) Limitation.--A complaint under subparagraph 
                (A) shall be filed not later than 5 years after the 
                date on which the alleged double compensation was 
                received.
            ``(5) Wholesale market compensation adjustment.--If the 
        Commission determines that double compensation could be avoided 
        through an adjustment to a rate, term, or condition of service 
        under the jurisdiction of the Commission pursuant to section 
        205, the Commission may initiate a proceeding consistent with 
        section 206 to eliminate double compensation.
            ``(6) Disgorgement; penalties.--
                    ``(A) Disgorgement.--If the Commission finds that 
                double compensation has occurred, the Commission shall 
                order disgorgement of the full amount of the double 
                compensation received.
                    ``(B) Penalties.--If the Commission determines that 
                double compensation has been knowingly retained, the 
                Commission may order penalties, which may include--
                            ``(i) monetary penalties of up to 3 times 
                        the amount of the double compensation received 
                        for each day that the double compensation was 
                        knowingly retained after the date of receipt, 
                        without regard to the limitations described in 
                        section 206(b); and
                            ``(ii) suspension or termination of the 
                        participation of a qualifying BTM DES facility, 
                        qualifying BTM DES aggregation, or aggregator 
                        in a wholesale market administered by a 
                        Transmission Organization.
    ``(g) Annual Reporting.--Each qualifying BTM DES facility and 
qualifying BTM DES aggregation participating in a wholesale market 
under this section shall submit to the Commission, not later than March 
30 of each year, 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--
            ``(1) wholesale markets subject to the jurisdiction of the 
        Commission; and
            ``(2) State-jurisdictional retail markets and programs 
        within regions subject to the jurisdiction of the 
        Commission.''.
    (d) Distribution Utility Interconnection and Non-Interference.--
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) (as amended by 
subsection (c)) is amended by adding at the end the following:

``SEC. 230. DISTRIBUTION UTILITY OBLIGATIONS WITH RESPECT TO QUALIFYING 
              BTM DES FACILITIES AND QUALIFYING BTM DES AGGREGATIONS.

    ``(a) Definitions.--In this section:
            ``(1) Commission.--The term `Commission' means the Federal 
        Energy Regulatory Commission.
            ``(2) Distribution utility; load-serving entity.--The terms 
        `distribution utility' and `load-serving entity' have the 
        meanings given those terms in section 217(a).
    ``(b) Interconnection Obligation.--
            ``(1) In general.--Except as otherwise provided by State 
        law or by the State regulatory authority with jurisdiction over 
        the distribution utility, 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 market, including any qualifying 
        BTM DES facility or qualifying BTM DES aggregation, in a timely 
        fashion and with rates, terms, and conditions of service that--
                    ``(A) allow the behind-the-meter resource to export 
                energy to the grid, if applicable; and
                    ``(B) do not prevent, impede, or unreasonably 
                condition the participation of the behind-the-meter 
                resource in the wholesale market.
            ``(2) Savings provision.--Nothing in this subsection 
        authorizes the Commission to prescribe the rates, terms, or 
        conditions of distribution-level interconnection service.
    ``(c) Acceptance of Wholesale Market Metering Data.--
            ``(1) 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 aggregation.
            ``(2) Requirement.--The manner in which the data described 
        in paragraph (1) is used to adjust the retail bill of a 
        customer, including any adjustment to account for energy 
        exported or withdrawn, shall be determined by the State 
        regulatory authority having jurisdiction over retail rates.
    ``(d) Prohibition on Interference.--
            ``(1) 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 market.
            ``(2) Certain actions.--Nothing in this subsection limits a 
        distribution utility from taking actions reasonably necessary 
        to maintain the safety, reliability, or operations of the 
        distribution system.
    ``(e) Commission Enforcement.--
            ``(1) In general.--The Commission shall have authority to 
        enforce the provisions of this section, and any person may file 
        with the Commission a complaint alleging a violation of this 
        section.
            ``(2) Requirement.--The Commission shall act on the merits 
        of any complaint filed under paragraph (1) not later than 180 
        days after the date on which the complaint is filed.
    ``(f) Applicability to Public Power and Certain Cooperatives.--
Except to the extent that compliance is required under State law, the 
requirements of subsections (b), (c), and (d) shall be voluntary with 
respect to distribution utilities that are entities described in 
section 201(f).''.
    (e) Establishment of Program To Facilitate Voluntary Streamlined 
Process for Local Permitting of Qualifying Distributed Energy 
Systems.--
            (1) Definitions.--In this subsection:
                    (A) Authority having jurisdiction.--The term 
                ``authority having jurisdiction'' means any State, 
                county, local, or Tribal office or official with 
                jurisdiction--
                            (i) to issue permits relating to qualifying 
                        distributed energy systems;
                            (ii) to conduct inspections to enforce the 
                        requirements of a relevant code or standard 
                        relating to qualifying distributed energy 
                        systems; or
                            (iii) to approve the installation of, or 
                        the equipment and materials used in the 
                        installation of, qualifying distributed energy 
                        systems.
                    (B) Qualifying distributed energy system.--The term 
                ``qualifying distributed energy system'' means any 
                equipment or materials installed in, on, or near a 
                building or premises to support onsite or local energy 
                use, including equipment or materials, the primary 
                function of which is--
                            (i) to generate electricity from 
                        distributed renewable energy sources, including 
                        solar photovoltaic systems or similar solar 
                        energy technologies;
                            (ii) to store and discharge electricity 
                        from batteries with a capacity of at least 2 
                        kilowatt hours;
                            (iii) to charge a plug-in electric drive 
                        vehicle at a power rate of at least 2 
                        kilowatts; or
                            (iv) to refuel a hydrogen fuel cell 
                        electric vehicle.
                    (C) Secretary.--The term ``Secretary'' means the 
                Secretary of Energy.
            (2) Program.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with 
        trade associations and other entities representing distributed 
        energy system installers, organizations representing State, 
        local, and Tribal governments engaged in permitting, and other 
        interested stakeholders, shall carry out a program to further 
        develop, expand, 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 systems.
            (3) Activities of the program.--In carrying out the program 
        established under paragraph (2), the Secretary shall--
                    (A) further develop and expand an exemplary 
                streamlined permitting process that includes an online 
                permitting platform--
                            (i) for expediting, standardizing, and 
                        streamlining permitting; and
                            (ii) that authorities having jurisdiction 
                        may voluntarily use to receive, review, and 
                        approve permit applications relating to 
                        qualifying distributed energy systems;
                    (B) establish targets for the adoption of a 
                streamlined, expedited permitting process by 
                authorities having jurisdiction;
                    (C) provide technical assistance and training 
                directly or indirectly to authorities having 
                jurisdiction on using and adopting the exemplary 
                streamlined permitting process described in 
                subparagraph (A), including the adoption of any 
                necessary building codes;
                    (D) develop a voluntary inspection protocol and 
                related tools to expedite, standardize, and streamline 
                the inspection of qualifying distributed energy 
                systems, including--
                            (i) by investigating the potential for 
                        using remote inspections;
                            (ii) by investigating the potential for 
                        sample-based inspection for distributed energy 
                        system installers with a demonstrated track 
                        record of high-quality work; and
                            (iii) by investigating opportunities to 
                        integrate the voluntary inspection protocol 
                        into the online permitting platform described 
                        in subparagraph (A) and the platforms of 
                        government software providers; and
                    (E) take any other action to expedite, standardize, 
                streamline, or improve the process for permitting, 
                inspecting, or interconnecting qualifying distributed 
                energy systems.
            (4) Support services.--The Secretary shall--
                    (A) support the provision of technical assistance 
                to authorities having jurisdiction, any administrator 
                of the online permitting platform described in 
                paragraph (3)(A), government software providers, and 
                any other entity determined appropriate by the 
                Secretary in carrying out the activities described in 
                paragraph (3); and
                    (B) provide such financial assistance as the 
                Secretary determines appropriate from any funds 
                appropriated to carry out this subsection.
            (5) Authority having jurisdiction certification program.--
                    (A) In general.--The Secretary may certify 
                authorities having jurisdiction that implement the 
                exemplary streamlined permitting process described in 
                paragraph (3)(A).
                    (B) Process.--The Secretary may confer a 
                certification under subparagraph (A) through existing 
                programs within the Department of Energy.
                    (C) Prizes.--The Secretary may award prizes to 
                authorities having jurisdiction, using funds 
                appropriated to the Secretary to carry out this 
                subsection, to encourage authorities having 
                jurisdiction to adopt the exemplary streamlined 
                permitting process or the voluntary inspection protocol 
                established under subparagraphs (A) and (D) of 
                paragraph (3), respectively.
            (6) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection $20,000,000 for each of fiscal years 2026 through 
        2031.

SEC. 2109. ADVANCED TRANSMISSION TECHNOLOGIES.

    (a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et 
seq.) (as amended by section 2108(d)) is amended by adding at the end 
the following:

``SEC. 231. USE OF ADVANCED TRANSMISSION TECHNOLOGIES.

    ``(a) Definitions.--In this section:
            ``(1) Advanced transmission technology.--The term `advanced 
        transmission technology' has the meaning given the term in 
        section 1223(a) of the Energy Policy Act of 2005 (42 U.S.C. 
        16422(a)).
            ``(2) Best-available transmission conductor.--The term 
        `best-available transmission conductor' means a transmission 
        conductor that, as determined by the Commission--
                    ``(A) provides the greatest feasible and 
                commercially available energy-carrying capacity at a 
                given voltage level;
                    ``(B) provides the highest feasible and 
                commercially available electrical efficiency at that 
                voltage level; and
                    ``(C) provides the greatest available level of 
                mechanical performance, including mitigating thermal 
                sag at the maximum rated transmission-carrying capacity 
                of the applicable transmission facility.
            ``(3) Commission.--The term `Commission' means the Federal 
        Energy Regulatory Commission.
            ``(4) Covered project.--The term `covered project' means 
        the construction of a new transmission facility, or the 
        modification, upgrade, replacement, or reconductoring of an 
        existing transmission facility, subject to the jurisdiction of 
        the Commission under section 201(b).
    ``(b) Use of Advanced Transmission Technologies.--In exercising its 
authority under sections 205 and 206, the Commission shall require that 
public utilities use advanced transmission technologies, including 
best-available transmission conductors, when carrying out covered 
projects.
    ``(c) Presumption of Prudence for Advanced Transmission 
Technologies.--In any filing seeking to recover the cost of an advanced 
transmission technology for a covered project, and in any proceeding to 
determine whether that cost may be recovered through rates, the 
Commission shall presume that--
            ``(1) the use of an advanced transmission technology is a 
        prudent practice; and
            ``(2) the costs associated with the use of an advanced 
        transmission technology are just and reasonable.
    ``(d) Applicability.--The requirements of this section apply only 
to public utilities and only with respect to covered projects.
    ``(e) Rulemaking.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Commission shall issue an order 
        or rule to implement this section.
            ``(2) Requirements.--In issuing an order or rule under 
        paragraph (1), the Commission shall--
                    ``(A) require that public utilities conduct, on 
                Commission-established timelines, recurring 
                evaluations--
                            ``(i) to determine whether the benefits 
                        associated with deploying advanced transmission 
                        technologies through 1 or more covered 
                        projects, including benefits to the current 
                        transmission system of the applicable public 
                        utility, outweigh the costs (such that the 
                        applicable benefit-cost ratio is greater than 
                        1);
                            ``(ii) that include a least-cost analysis 
                        with respect to the transmission system of the 
                        applicable public utility; and
                            ``(iii) that evaluate whether the costs for 
                        which recovery is sought reflect due care to 
                        minimize the total cost of the applicable 
                        covered projects;
                    ``(B) require public utilities to conduct, on 
                Commission-established timelines, recurring evaluations 
                to consider planning and construction timelines for new 
                transmission assets and risks and impacts of potential 
                delays;
                    ``(C) require that, if the benefits of 1 or more 
                advanced transmission technologies outweigh the costs 
                (such that the applicable benefit-cost ratio is greater 
                than 1), the applicable public utility shall deploy the 
                advanced transmission technologies on a timeline 
                determined by the Commission;
                    ``(D) require that decisions on whether to 
                implement advanced transmission technologies based on 
                the recurring evaluations under subparagraphs (A) and 
                (B) are reported to the Commission, in a manner 
                determined by the Commission;
                    ``(E) in consultation with the Secretary of Energy, 
                establish a methodology for determining whether a 
                transmission conductor is a best-available transmission 
                conductor for purposes of this section;
                    ``(F) ensure that the methodology established under 
                subparagraph (E) is consistent with the criteria 
                described in clauses (i) through (iii) of subparagraph 
                (A);
                    ``(G) provide for periodic review and updating of 
                the methodology established under subparagraph (E) not 
                less frequently than annually to reflect improvements 
                in technology, materials, and system performance; and
                    ``(H) 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 1 in a timeframe determined by the 
                Commission, including a reduction of the effective 
                return on equity for the transmission system of the 
                public utility.''.
    (b) Definition of Advanced Transmission Technology.--Section 
1223(a) of the Energy Policy Act of 2005 (42 U.S.C. 16422(a)) is 
amended--
            (1) in paragraph (18), by striking ``and'' at the end;
            (2) by redesignating paragraph (19) as paragraph (23); and
            (3) by inserting after paragraph (18) the following:
            ``(19) dynamic line rating;
            ``(20) advanced power flow control;
            ``(21) transmission topology optimization;
            ``(22) high-performance conductors; and''.

SEC. 2110. EXPEDITING GENERATOR INTERCONNECTION QUEUES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Federal Energy Regulatory Commission shall initiate a 
rulemaking to revise the pro forma Large Generator Interconnection 
Procedures promulgated pursuant to section 35.28(f) of title 18, Code 
of Federal Regulations (or a successor regulation), to require public 
utility transmission providers to share and employ, as appropriate, 
queue management practices with respect to the use of computing 
technologies, including artificial intelligence, machine learning, and 
automation, in evaluating and processing interconnection requests, in 
order to expedite study results with respect to those requests.
    (b) Requirement.--The Federal Energy Regulatory Commission shall 
reopen the rulemaking under subsection (a) not less frequently than 
once every 4 years to determine whether additional steps are required 
to ensure that public utility transmission providers are adequately 
deploying advanced computing technologies.

SEC. 2111. GRID DATA ACCESS.

    (a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et 
seq.) (as amended by section 2109(a)) is amended by adding at the end 
the following:

``SEC. 232. GRID DATA ACCESS.

    ``(a) Definitions.--In this section:
            ``(1) Bulk-power system.--The term `bulk-power system' has 
        the meaning given the term in section 215(a).
            ``(2) Commission.--The term `Commission' means the Federal 
        Energy Regulatory Commission.
            ``(3) Covered study.--The term `covered study' means a 
        generation or load interconnection study, facilities study, 
        feasibility study, or affected-system study required under a 
        tariff on file with the Commission.
            ``(4) Grid data.--
                    ``(A) In general.--The term `grid data' means data, 
                in any format, reasonably necessary for a covered 
                study, including models, assumptions, forecasts, 
                facility data, operating data, and other study inputs.
                    ``(B) Inclusions.--The term `grid data' includes 
                any data category identified by the Commission, in 
                consultation with the Secretary of Energy, the Electric 
                Reliability Organization (as defined in section 
                215(a)), transmission providers, National Laboratories 
                (as defined in section 2 of the Energy Policy Act of 
                2005 (42 U.S.C. 15801)), and entities with automated 
                grid-study software experience, for purposes of this 
                section.
            ``(5) Transmission provider.--
                    ``(A) In general.--The term `transmission provider' 
                means a public utility, Regional Transmission 
                Organization, Independent System Operator, or other 
                entity administering an open access transmission 
                tariff.
                    ``(B) Exclusion.--The term `transmission provider' 
                does not include an exempt transmitting utility (as 
                defined in section 225(a)) that does not voluntarily 
                subject itself to Commission jurisdiction for the 
                purposes of this section.
    ``(b) Grid Data Duties.--
            ``(1) Data sufficiency.--Each transmission provider shall 
        obtain, assemble, maintain, and use the grid data regarding its 
        transmission system that is necessary for the transmission 
        provider to conduct covered studies.
            ``(2) 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 (3), subject 
        to paragraph (6).
            ``(3) Data requests.--
                    ``(A) In general.--A transmission provider may 
                request the grid data necessary to complete a covered 
                study from any relevant user, owner, or operator of the 
                bulk-power system that possesses or controls such data.
                    ``(B) Requirement.--Subject to subparagraph (C), 
                any person from whom grid data is requested under 
                subparagraph (A) shall provide requested grid data not 
                later than 15 days after receiving the request.
                    ``(C) Alternative timeline.--The Commission may 
                establish, by data category, alternative timelines for 
                providing grid data in response to a request under 
                subparagraph (A).
            ``(4) Data interoperability.--Grid data maintained pursuant 
        to paragraph (1) and provided pursuant to paragraph (3) 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 used, including 
        by direct data transfer, application programming interface 
        access, or secure compute-over-data access.
            ``(5) Data currency.--Each person providing grid data under 
        paragraph (3) shall--
                    ``(A) provide accurate, complete, and current grid 
                data; and
                    ``(B) report, on Commission-established timelines, 
                any material changes needed to maintain the accuracy of 
                the grid data or any related models or studies, 
                including covered studies.
            ``(6) Data safeguards.--
                    ``(A) In general.--Grid data under this section 
                shall be handled under applicable law and Commission-
                approved confidentiality and data security 
                requirements.
                    ``(B) Manner of access.--The requirements described 
                in subparagraph (A) may govern the manner of access to 
                grid data, but may not be used to withhold grid data if 
                access can be provided consistent with those 
                requirements.
            ``(7) Cost recovery.--A public utility or transmission 
        provider may file rates, charges, or tariffs pursuant to 
        section 205 to recover the costs of complying with this 
        section.
    ``(c) Enforcement.--
            ``(1) Reliability and penalties.--Failure to comply with 
        the duties under subsection (b) shall be considered a matter 
        affecting the reliable operation of the bulk-power system under 
        section 215, and noncompliance by a public utility shall be 
        subject to section 316A.
            ``(2) Compliance orders.--The Commission may, by order, 
        require compliance with this section by any person required to 
        provide or make available grid data under this section.
            ``(3) Expedited complaint.--Not later than 60 days after a 
        complaint alleging a violation of this section is filed, the 
        Commission shall, if the Commission determines that a violation 
        has occurred, issue an order requiring compliance, including 
        interim relief needed to prevent unreasonable delay in a 
        covered study.
    ``(d) Implementation.--
            ``(1) In general.--The Commission may issue such rules or 
        orders, including pursuant to section 206, as are necessary to 
        carry out this section.
            ``(2) Requirement.--The Commission shall issue at least 1 
        rule or order described in paragraph (1) not later than 1 year 
        after the date of enactment of this section.''.
    (b) Automated Study Reference Specification.--
            (1) Publication.--Not later than 1 year after the date of 
        enactment of this Act, the Federal Energy Regulatory Commission 
        and the Secretary of Energy, in consultation with the Electric 
        Reliability Organization (as defined in section 215(a) of the 
        Federal Power Act (16 U.S.C. 824o(a))), transmission providers 
        (as defined in section 232(a) of that Act), National 
        Laboratories (as defined in section 2 of the Energy Policy Act 
        of 2005 (42 U.S.C. 15801)), and entities with automated grid-
        study software experience, shall publish a reference 
        specification identifying the data categories, formats or 
        conversion standards, update frequencies, and validation 
        standards needed to enable full automation of interconnection 
        studies, including system impact studies, without supplemental 
        data requests during the study.
            (2) Effect.--This section, including the pendency of 
        publication of the reference specification described in 
        paragraph (1), shall not delay, limit, or narrow the 
        application of section 232 of the Federal Power Act.
            (3) Updates.--The Federal Energy Regulatory Commission may 
        update the reference specification published under paragraph 
        (1) through a noticed proceeding not more frequently than once 
        every 3 years.

SEC. 2112. POWER MARKETING ADMINISTRATIONS.

    Part II of the Federal Power Act (16 U.S.C. 824 et seq.) (as 
amended by section 2111(a)) is amended by adding at the end the 
following:

``SEC. 233. COMPENSATION FLEXIBILITY TO ADDRESS RETENTION AND HIRING 
              ISSUES AT THE FEDERAL POWER MARKETING AGENCIES.

    ``(a) Employee Compensation Program.--
            ``(1) In general.--Notwithstanding any other law, rule, 
        regulation, or directive relating to the payment of Federal 
        employees (other than chapter 83 of title 5, United States 
        Code), the Administrator of each Federal power marketing agency 
        (referred to in this section as an `Administrator') shall 
        develop, implement, and, as appropriate, update, based on the 
        results of an annual review under paragraph (4), a compensation 
        plan that specifies and fixes the compensation (including 
        salary or any other pay, bonuses, benefits, incentives, and any 
        other form of remuneration) for employees of the Federal power 
        marketing agency, including members of the Senior Executive 
        Service (as defined in section 2101a of title 5, United States 
        Code).
            ``(2) Initial compensation plan.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Bipartisan American 
                Affordability and Jobs Act of 2026, each Administrator 
                shall, in consultation with the Director of the Office 
                of Personnel Management, and subject to confirmation 
                and approval by the Secretary of Energy, which shall 
                not be unreasonably withheld, develop an initial 
                compensation plan under paragraph (1).
                    ``(B) Implementation.--Not later than 1 year after 
                the date on which the initial compensation plan is 
                developed under subparagraph (A), each Administrator 
                shall implement the initial compensation plan.
            ``(3) Requirements.--A compensation plan developed under 
        paragraph (1) shall--
                    ``(A) be based on an annual survey of the 
                prevailing compensation for similar positions in the 
                public sectors of the electric industry;
                    ``(B) 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 principles;
                    ``(C) provide that education, experience, level of 
                responsibility, geographic differences, and retention 
                and recruitment needs are to be taken into account in 
                determining the compensation of employees of the 
                applicable Federal power marketing agency; and
                    ``(D) 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--
                            ``(i) the Western Interconnection, if the 
                        Federal power marketing agency is located in 
                        the Western Interconnection; or
                            ``(ii) the Eastern Interconnection, if the 
                        Federal power marketing agency is located in 
                        the Eastern Interconnection.
            ``(4) Annual review.--
                    ``(A) In general.--Annually, each Administrator 
                shall review and update, as appropriate, the 
                compensation plan developed under paragraph (1).
                    ``(B) Compensation of administrators.--
                Notwithstanding any other law, rule, regulation, or 
                directive relating to the payment of an Administrator 
                (other than chapter 83 of title 5, United States Code), 
                the Secretary of Energy shall periodically review and 
                update, as appropriate, the compensation of each 
                Administrator consistent with paragraph (3)(D).
                    ``(C) 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 (A), 
                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 5315 of title 5, United States 
                Code.
            ``(5) Annual publication.--Annually, each Administrator 
        shall publish the compensation plan developed under paragraph 
        (1) or updated under paragraph (4), as applicable.
    ``(b) Appointment; Employment.--
            ``(1) In general.--An Administrator may, as the 
        Administrator determines to be necessary to carry out the 
        functions of the Administrator under applicable law, subject to 
        applicable civil service laws--
                    ``(A) appoint any officers and employees;
                    ``(B) employ laborers, mechanics, and workers for 
                construction work or the operation and maintenance of 
                electrical facilities; and
                    ``(C) fix the compensation of individuals appointed 
                under subparagraph (A) or (B), respectively, consistent 
                with the applicable compensation plan developed under 
                subsection (a)(1).
            ``(2) Exemption from certain civil service laws.--In 
        carrying out the authority provided by paragraph (1), an 
        Administrator shall be exempt from chapters 34, 43, 51, 53, 57, 
        and 59 of title 5, United States Code.
            ``(3) 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 2301 of 
        title 5, United States Code, to the extent that the principles 
        apply to a wholly owned Government corporation.
            ``(4) Employment of physicians.--An Administrator may 
        employ physicians, without regard to the civil service laws 
        (including regulations), to perform physical examinations of 
        employees or prospective employees of the applicable Federal 
        power marketing agency who are or may become laborers, 
        mechanics, and workers described in paragraph (1)(B).
            ``(5) Employment of experts.--An Administrator may appoint, 
        without regard to the civil service laws (including 
        regulations), any experts that the Administrator determines to 
        be necessary to carry out the functions of the Administrator 
        under applicable law.''.

SEC. 2113. FERC FEE ASSESSMENTS.

    Part III of the Federal Power Act is amended by inserting after 
section 318 (as added by section 2106) the following:

``SEC. 318A. PERIODIC REVIEW OF FEES AND CHARGES.

    ``Not less frequently than once every 5 years, the Federal Energy 
Regulatory Commission shall--
            ``(1) undertake a review to determine whether the fees and 
        charges the Federal Energy Regulatory Commission assesses under 
        this Act and other laws, including section 3401 of the Omnibus 
        Budget Reconciliation Act of 1986 (42 U.S.C. 7178), are 
        sufficient to allow the Federal Energy Regulatory Commission to 
        handle its workload in an expedient manner; and
            ``(2) submit to the Committee on Energy and Natural 
        Resources of the Senate, the Committee on Energy and Commerce 
        of the House of Representatives, the Committee on 
        Appropriations of the Senate, and the Committee on 
        Appropriations of the House of Representatives a report 
        describing that review and the results of that review.''.

SEC. 2114. COLLECTION OF DATA ON COMPUTATIONAL LOAD ENTITIES.

    (a) Definition of Data Center Entity.--
            (1) In general.--In this section, the term ``data center 
        entity'' means an end-user, or group of co-located end-users, 
        the primary purpose of which is to house computing, networking, 
        or data storage equipment used to process, store, or transmit 
        digital data, including equipment used for--
                    (A) artificial intelligence training or inference;
                    (B) cloud computing or data hosting; or
                    (C) cryptocurrency mining or other distributed-
                ledger or digital-asset computation.
            (2) Exclusion.--In this section, 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 (1).
    (b) Data Collection.--Not later than 90 days before the first April 
1 after the date of enactment of this Act, the Administrator of the 
Energy Information Administration shall revise Form 861 of the Energy 
Information Administration to include load from data center entities.

SEC. 2115. CONFORMING AMENDMENTS; SAVINGS PROVISION.

    (a) Conforming Amendments.--Section 201 of the Federal Power Act 
(16 U.S.C. 824) is amended--
            (1) in subsection (b)(2)--
                    (A) in the first sentence, by striking ``and 222'' 
                and inserting ``222, 225, 226, 226A, 227, 228, 229, 
                230, 231, 232, and 233''; and
                    (B) in the second sentence, by striking ``or 222'' 
                and inserting ``222, 225, 226, 226A, 227, 228, 229, 
                230, 231, 232, or 233''; and
            (2) in subsection (e)--
                    (A) by striking ``206(f),''; and
                    (B) by striking ``or 222'' and inserting ``222, 
                225, 226, 226A, 227, 228, 229, 230, 231, 232, or 233''.
    (b) 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 (16 U.S.C. 791a et seq.) over 
sales of electric energy at retail or the local distribution of 
electricity.

                      TITLE II--ENERGY PERMITTING

                    Subtitle A--Accelerating Claims

SEC. 2201. ACCELERATING CLAIMS.

    (a) Definitions.--In this section:
            (1) Authorization.--
                    (A) In general.--The term ``authorization'' means 
                any lease, right-of-way, easement, permit, approval, 
                order, finding, determination, or other administrative 
                decision that is required or authorized under Federal 
                law (including regulations) to design, plan, site, 
                construct, reconstruct, or commence operations of a 
                project, including any determination by a Federal 
                department or agency that additional authorizations are 
                not necessary.
                    (B) Inclusions.--The term ``authorization'' 
                includes--
                            (i) agency approvals of lease sales, 
                        permits, rights-of-way, or plans required to 
                        explore for, develop, or produce energy or 
                        minerals under--
                                    (I) the Mineral Leasing Act (30 
                                U.S.C. 181 et seq.);
                                    (II) the Act of August 7, 1947 
                                (commonly known as the ``Mineral 
                                Leasing Act for Acquired Lands'') (30 
                                U.S.C. 351 et seq.);
                                    (III) the Act of July 31, 1947 
                                (commonly known as the ``Materials Act 
                                of 1947'') (61 Stat. 681, chapter 406; 
                                30 U.S.C. 601 et seq.);
                                    (IV) sections 2319 through 2344 of 
                                the Revised Statutes (commonly known as 
                                the ``Mining Law of 1872'') (30 U.S.C. 
                                22 et seq.);
                                    (V) the Outer Continental Shelf 
                                Lands Act (43 U.S.C. 1331 et seq.);
                                    (VI) the Geothermal Steam Act of 
                                1970 (30 U.S.C. 1001 et seq.);
                                    (VII) title V of the Federal Land 
                                Policy and Management Act of 1976 (43 
                                U.S.C. 1761 et seq.); or
                                    (VIII) title I of the Naval 
                                Petroleum Reserves Production Act (42 
                                U.S.C. 6501 et seq.);
                            (ii) statements or permits for a project 
                        under sections 7 and 10 of the Endangered 
                        Species Act of 1973 (16 U.S.C. 1536, 1539); and
                            (iii) agency approvals under the Healthy 
                        Forests Restoration Act of 2003 (16 U.S.C. 6501 
                        et seq.) of hazardous fuel reduction and forest 
                        restoration projects.
            (2) Environmental document.--The term ``environmental 
        document'' includes any of the following, as prepared under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.):
                    (A) An environmental assessment.
                    (B) A finding of no significant impact.
                    (C) An environmental impact statement.
                    (D) A record of decision.
            (3) Project.--The term ``project'' means a project--
                    (A) proposed for--
                            (i) the construction or operation 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; or
                            (ii) hazardous fuel reduction and forest 
                        restoration for the protection of 
                        infrastructure or communities from wildfire; 
                        and
                    (B) subject to the requirements that--
                            (i) an environmental document be prepared; 
                        and
                            (ii) the applicable agency issue an 
                        authorization of the activity.
            (4) Project sponsor.--The term ``project sponsor'' means an 
        entity, including any private, public, or public-private 
        entity, seeking an authorization for a project.
    (b) Statute of Limitations.--Notwithstanding any other provision of 
law, 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 150 days 
after the date on which the grant or denial of the authorization is 
required to be made public under subsection (c), unless a shorter time 
is specified in the Federal law pursuant to which judicial review is 
allowed.
    (c) Date.--For the purpose of subsection (b), a final agency action 
granting or denying an authorization shall be made public not later 
than 3 days after that final agency action is taken.
    (d) 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 
authorization.
    (e) Remanded Actions.--
            (1) In general.--If the reviewing court remands a final 
        Federal agency action granting or denying an authorization to 
        the Federal agency for further proceedings, whether on a motion 
        by the court, the agency, or another party, the court shall set 
        a reasonable schedule and deadline for the agency to act on 
        remand, which shall not exceed 180 days from the date on which 
        the order of the court was issued, unless a longer time period 
        is necessary to comply with applicable law.
            (2) Expedited treatment of remanded actions.--The head of 
        the Federal agency to which a court remands a final Federal 
        agency action under paragraph (1) 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 paragraph.
    (f) Treatment of Supplemental or Revised Environmental Documents.--
For the purpose of subsection (b), granting or denying an authorization 
following the preparation of a supplemental or revised environmental 
document, when required, shall be considered to be a separate final 
agency action.
    (g) Notice.--Not later than 30 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 (b), the head of the agency shall 
notify the project sponsor of the filing of the petition or complaint.
    (h) Permitting Council.--Nothing in this title precludes a project 
from being designated as a covered project (as defined in section 41001 
of the FAST Act (42 U.S.C. 4370m)) for the purposes of title XLI of 
that Act (42 U.S.C. 4370m et seq.).

       Subtitle B--Federal Onshore Energy Leasing and Permitting

SEC. 2211. PERMITTING COMPLIANCE ON NON-FEDERAL LAND.

    (a) In General.--Notwithstanding the Mineral Leasing Act (30 U.S.C. 
181 et seq.), the Federal Oil and Gas Royalty Management Act of 1982 
(30 U.S.C. 1701 et seq.), or subpart 3162 of part 3160 of title 43, 
Code of Federal Regulations (or successor regulations), but subject to 
any applicable State or Tribal requirements and subsection (c), the 
Secretary of the Interior shall not require a permit to drill for an 
oil and gas lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) 
for an action occurring within an oil and gas drilling or spacing unit 
if--
            (1) the well is located on non-Federal land and the Federal 
        Government owns less than 50 percent of the oil and gas 
        minerals within the oil and gas drilling or spacing unit;
            (2) the well is located on non-Federal land overlying a 
        non-Federal mineral estate, but some portion of the wellbore 
        enters and produces from the Federal mineral estate subject to 
        the lease; or
            (3) the well is located on non-Federal land overlying a 
        non-Federal mineral estate, but some portion of the wellbore 
        traverses but does not produce from the Federal mineral estate 
        subject to the lease.
    (b) Notification.--For each State permit to drill or drilling plan 
that would impact or extract oil and gas owned by the Federal 
Government--
            (1) each lessee of Federal minerals in the unit, or 
        designee of a lessee, shall--
                    (A) 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 application; and
                    (B) provide a copy of the application described in 
                subparagraph (A) to the Secretary of the Interior not 
                later than 5 days after the date on which the permit or 
                plan is submitted; and
            (2) each lessee, designee of a lessee, or applicable State 
        shall notify the Secretary of the Interior of the approved 
        State permit to drill or drilling plan not later than 45 days 
        after the date on which the permit or plan is approved.
    (c) Nonapplicability to Indian Lands.--Subsection (a) shall not 
apply to--
            (1) any land located within the boundaries of an Indian 
        reservation, pueblo, or rancheria; or
            (2) any land not located within the boundaries of an Indian 
        reservation, pueblo, or rancheria, the title to which is held--
                    (A) in trust by the United States for the benefit 
                of an Indian Tribe or an individual Indian;
                    (B) by an Indian Tribe or an individual Indian, 
                subject to restriction against alienation under laws of 
                the United States; or
                    (C) by a dependent Indian community.
    (d) Effect.--Nothing in this section affects--
            (1) other authorities of the Secretary of the Interior 
        under the Federal Oil and Gas Royalty Management Act of 1982 
        (30 U.S.C. 1701 et seq.); or
            (2) the amount of royalties due to the Federal Government 
        from the production of the Federal minerals within the oil and 
        gas drilling or spacing unit.
    (e) Authority on Non-Federal Land.--Section 17(g) of the Mineral 
Leasing Act (30 U.S.C. 226(g)) is amended--
            (1) by striking the subsection designation and all that 
        follows through ``Secretary of the Interior, or'' in the first 
        sentence and inserting the following:
    ``(g)(1) The Secretary of the Interior, or''; and
            (2) by adding at the end the following:
    ``(2)(A) In the case of an oil and gas lease under this Act on land 
described in subparagraph (B) located within an oil and gas drilling or 
spacing unit, nothing in this Act authorizes the Secretary of the 
Interior--
            ``(i) to require a bond to protect non-Federal land;
            ``(ii) to enter non-Federal land without the consent of the 
        applicable landowner;
            ``(iii) to impose mitigation requirements; or
            ``(iv) to require approval for surface reclamation.
    ``(B) Land referred to in subparagraph (A) is land where--
            ``(i) the well is located on non-Federal land and the 
        Federal Government owns less than 50 percent of the minerals 
        within the oil and gas drilling or spacing unit;
            ``(ii) the well is located on non-Federal land overlying a 
        non-Federal mineral estate, but some portion of the wellbore 
        enters and produces from the Federal mineral estate subject to 
        the lease; or
            ``(iii) the well is located on non-Federal land overlying a 
        non-Federal mineral estate, but some portion of the wellbore 
        traverses but does not produce from the Federal mineral estate 
        subject to the lease.''.

SEC. 2212. RIGHTS-OF-WAY ACROSS INDIAN LAND.

    The Act of February 5, 1948 (62 Stat. 17, chapter 45), is amended--
            (1) in the first section (62 Stat. 17, chapter 45; 25 
        U.S.C. 323), by striking ``That the Secretary of the Interior 
        be, and he is hereby, empowered to'' and inserting the 
        following:

``SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS INDIAN LAND.

    ``The Secretary of the Interior may'';
            (2) in section 2 (62 Stat. 18, chapter 45; 25 U.S.C. 324), 
        by striking ``organized under the Act of June 18, 1934 (48 
        Stat. 984), as amended; the Act of May 1, 1936 (49 Stat. 1250); 
        or the Act of June 26, 1936 (49 Stat. 1967),''; and
            (3) by adding at the end the following:

``SEC. 8. TRIBAL GRANTS OF RIGHTS-OF-WAY.

    ``(a) Rights-of-Way.--
            ``(1) In general.--Subject to paragraph (2), an Indian 
        tribe may grant a right-of-way over and across the Tribal land 
        of the Indian tribe for any purpose.
            ``(2) Authority.--A right-of-way granted under paragraph 
        (1) shall not require the approval of the Secretary of the 
        Interior or a grant by the Secretary of the Interior under 
        section 1 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 (b).
    ``(b) Review of Tribal Regulations.--
            ``(1) Tribal regulation submission and approval.--
                    ``(A) Submission.--An Indian tribe seeking to grant 
                a right-of-way under subsection (a) shall submit for 
                approval a Tribal regulation governing the granting of 
                rights-of-way over and across the Tribal land of the 
                Indian tribe.
                    ``(B) Approval.--Subject to paragraph (2), the 
                Secretary of the Interior shall have the authority to 
                approve or disapprove any Tribal regulation submitted 
                under subparagraph (A).
            ``(2) Considerations for approval.--
                    ``(A) In general.--The Secretary of the Interior 
                shall approve a Tribal regulation submitted under 
                paragraph (1)(A), if the Tribal regulation--
                            ``(i) is consistent with any regulations 
                        (or successor regulations) issued by the 
                        Secretary of the Interior under section 6; and
                            ``(ii) provides for an environmental review 
                        process that includes--
                                    ``(I) the identification and 
                                evaluation of any significant impacts 
                                the proposed action may have on the 
                                environment; and
                                    ``(II) a process for ensuring--
                                            ``(aa) that the public is 
                                        informed of, and has a 
                                        reasonable opportunity to 
                                        comment on, any significant 
                                        environmental impacts of the 
                                        proposed action identified by 
                                        the Indian tribe under 
                                        subclause (I); and
                                            ``(bb) 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 (I) before the 
                                        Indian tribe approves the 
                                        right-of-way.
                    ``(B) Applicable laws.--The Secretary of the 
                Interior, in making a decision to approve a Tribal 
                regulation under this subsection, shall not be subject 
                to--
                            ``(i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.);
                            ``(ii) section 306108 of title 54, United 
                        States Code; or
                            ``(iii) the Endangered Species Act of 1973 
                        (16 U.S.C. 1531 et seq.).
            ``(3) Review process.--
                    ``(A) In general.--Not later than 180 days after 
                the date on which the Indian tribe submits a Tribal 
                regulation to the Secretary of the Interior under 
                paragraph (1)(A), the Secretary of the Interior shall--
                            ``(i) review the Tribal regulation;
                            ``(ii) approve or disapprove the Tribal 
                        regulation; and
                            ``(iii) notify the Indian tribe that 
                        submitted the Tribal regulation of the approval 
                        or disapproval.
                    ``(B) Written documentation.--If the Secretary of 
                the Interior disapproves a Tribal regulation submitted 
                under paragraph (1)(A), the Secretary of the Interior 
                shall include with the disapproval notification under 
                subparagraph (A)(iii) written documentation describing 
                the basis for the disapproval.
                    ``(C) Extension.--The Secretary of the Interior 
                may, after consultation with the Indian tribe that 
                submitted a Tribal regulation under paragraph (1)(A), 
                extend the 180-day period described in subparagraph 
                (A).
            ``(4) Federal environmental review.--Notwithstanding 
        paragraphs (2) and (3), if an Indian tribe carries out a 
        project or activity funded by a Federal agency, 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 subsection.
    ``(c) Documentation.--An Indian tribe granting a right-of-way under 
subsection (a) shall provide to the Secretary of the Interior--
            ``(1) a copy of the right-of-way, including any amendments 
        or renewals; and
            ``(2) if the right-of-way allows for compensation to be 
        made directly to the Indian tribe, documentation of payments 
        that are sufficient, as determined by the Secretary of the 
        Interior, as to enable the Secretary of the Interior to 
        discharge the trust responsibility of the United States under 
        subsection (d).
    ``(d) Trust Responsibility.--
            ``(1) In general.--The United States shall not be liable 
        for losses sustained by any party to a right-of-way granted 
        under subsection (a).
            ``(2) Authority of the secretary.--
                    ``(A) 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 (including regulations), 
                the Secretary of the Interior may, on reasonable notice 
                from the applicable Indian tribe and at the discretion 
                of the Secretary of the Interior, enforce the 
                provisions of, or cancel, any right-of-way granted by 
                the Indian tribe under subsection (a).
                    ``(B) Authority.--The enforcement or cancellation 
                of a right-of-way under subparagraph (A) shall be 
                conducted using regulatory procedures issued under 
                section 6.
    ``(e) Compliance.--
            ``(1) In general.--An interested party, after exhaustion of 
        any applicable Tribal remedies, may submit a petition to the 
        Secretary of the Interior, at such time and in such form as 
        determined by the Secretary of the Interior, to review the 
        compliance of an applicable Indian tribe with a Tribal 
        regulation approved by the Secretary of the Interior under 
        subsection (b).
            ``(2) Violations.--If the Secretary of the Interior 
        determines that a Tribal regulation was violated after 
        conducting a review under paragraph (1), the Secretary of the 
        Interior may take any action the Secretary of the Interior 
        determines to be necessary to remedy the violation, including 
        rescinding the approval of the Tribal regulation and reassuming 
        responsibility for approving rights-of-way through the trust 
        land of the applicable Indian tribe.
            ``(3) Documentation.--If the Secretary of the Interior 
        determines that a Tribal regulation was violated after 
        conducting a review under paragraph (1), the Secretary of the 
        Interior shall--
                    ``(A) provide written documentation, with respect 
                to the Tribal regulation that has been violated, to the 
                appropriate interested party and Indian tribe;
                    ``(B) provide the applicable Indian tribe with a 
                written notice of the alleged violation; and
                    ``(C) prior to the exercise of any remedy, 
                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 tribe, provide the applicable Indian 
                tribe with--
                            ``(i) a hearing that is on the record; and
                            ``(ii) a reasonable opportunity to cure the 
                        alleged violation.
    ``(f) Savings Clause.--Nothing in this section affects the 
application of any Tribal regulations issued under Federal 
environmental law.
    ``(g) Effect of Tribal Regulations.--An approved Tribal regulation 
under subsection (b) shall not preclude an Indian tribe from, in the 
discretion of the Indian tribe, consenting to the grant of a right-of-
way by the Secretary of the Interior under section 1.
    ``(h) Terms of Right-of-Way.--The compensation for, and terms of, a 
right-of-way granted under subsection (a) will be determined by--
            ``(1) negotiations by the Indian tribe; or
            ``(2) the regulations of the Indian tribe.
    ``(i) Jurisdiction.--The grant of a right-of-way under subsection 
(a) 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-way, unless otherwise provided in--
            ``(1) the grant of the right-of-way; or
            ``(2) the regulations of the Indian tribe.''.

SEC. 2213. ACCELERATING RENEWABLE ENERGY PERMITTING.

    (a) Definitions.--In this section:
            (1) Eligible project.--The term ``eligible project'' has 
        the meaning given the term in section 3101 of the Energy Act of 
        2020 (43 U.S.C. 3001) (as amended by subsection (d)).
            (2) Previously disturbed or developed.--The term 
        ``previously disturbed or developed'' has the meaning given the 
        term in section 1021.410(g)(1) of title 10, Code of Federal 
        Regulations (as in effect on July 2, 2025).
    (b) Deadline for Consideration of Applications for Rights-of-Way.--
            (1) Completeness of review.--
                    (A) In general.--Not later than 30 days after the 
                date on which the Secretary of the Interior or the 
                Secretary of Agriculture, as applicable, receives an 
                application for a right-of-way under section 501 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1761) for an eligible project, the applicable 
                Secretary shall--
                            (i) notify the applicant that the 
                        application is complete; or
                            (ii) 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 complete.
                    (B) Environmental impact statement.--For an 
                eligible project that requires an environmental impact 
                statement for an application submitted under 
                subparagraph (A), the Secretary of the Interior or the 
                Secretary of Agriculture, as applicable, shall issue a 
                notice of intent not later than 90 days after the date 
                on which the applicable Secretary determines that an 
                application is complete under subparagraph (A).
            (2) Cost recovery and issuance or deferral.--
                    (A) In general.--Not later than 30 days after the 
                date on which an applicant submits a complete 
                application for a right-of-way under paragraph (1), the 
                Secretary of the Interior or the Secretary of 
                Agriculture, as applicable, shall, if a cost recovery 
                agreement is required under section 2804.14 of title 
                43, Code of Federal Regulations (or successor 
                regulations), or section 251.58 of title 36, Code of 
                Federal Regulations (or successor regulations), issue a 
                cost recovery agreement.
                    (B) Decision.--Not later than 30 days after the 
                date on which an applicant submits a complete 
                application for a right-of-way under paragraph (1), the 
                Secretary of the Interior or the Secretary of 
                Agriculture, as applicable, shall--
                            (i) grant or deny the application, if the 
                        requirements under the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
                        any other applicable law have been completed; 
                        or
                            (ii) defer the decision on the application 
                        and provide to the applicant notice--
                                    (I) that specifies steps that the 
                                applicant can take for the decision on 
                                the application to be issued; and
                                    (II) of a list of actions that need 
                                to be taken by the agency in order to 
                                comply with applicable law, and 
                                timelines and deadlines for completing 
                                those actions.
    (c) Low Disturbance Activities for Renewable Energy Projects.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, to facilitate timely permitting of 
        eligible projects, the Secretary of the Interior and the 
        Secretary of Agriculture shall each develop or adopt 1 or more 
        categorical exclusions, including allowing for extraordinary 
        circumstances under which the categorical exclusion shall not 
        be available, under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) for low disturbance activities 
        necessary for renewable energy projects.
            (2) Activities described.--Low disturbance activities 
        referred to in paragraph (1) are the following:
                    (A) Individual surface disturbances of less than 5 
                acres that have undergone site-specific analysis in a 
                document prepared pursuant to the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) that has been previously completed.
                    (B) Activities at a location at which the same type 
                of activity has previously occurred within 5 years 
                prior to the date of commencement of the activity.
                    (C) 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 1969 (42 U.S.C. 
                4321 et seq.) analyzed such activity as reasonably 
                foreseeable, so long as such plan or document was 
                approved within 5 years prior to the date of the 
                activity.
                    (D) The installation, modification, operation, or 
                removal of commercially available solar photovoltaic 
                systems located on--
                            (i) a building or other structure (such as 
                        a rooftop, parking lot, or facility, or mounted 
                        to signage, lighting, gates, or fences); or
                            (ii) previously disturbed or developed land 
                        comprising less than 10 acres.
                    (E) Maintenance of a minor activity, other than any 
                construction or major renovation, or a building or 
                facility.
                    (F) Preliminary geotechnical investigations.
                    (G) The construction and removal of meteorological 
                evaluation towers.
    (d) Definition of Eligible Project.--Paragraph (4) of section 3101 
of the Energy Act of 2020 (43 U.S.C. 3001) is amended by inserting ``or 
store'' after ``generate''.
    (e) Renewable Energy Project Review Standards.--Section 3102 of the 
Energy Act of 2020 (43 U.S.C. 3002) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Renewable Energy Project Review Standards.--Not later than 2 
years after the date of enactment of the Bipartisan American 
Affordability and Jobs Act of 2026, for the purpose of encouraging 
standardized reviews and facilitating the permitting of eligible 
projects, 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 offices.''.

SEC. 2214. ELECTRIC GRID PROJECTS.

    (a) Definition of Previously Disturbed or Developed.--In this 
section, the term ``previously disturbed or developed'' has the meaning 
given the term in section 1021.410(g)(1) of title 10, Code of Federal 
Regulations (or successor regulations).
    (b) Rulemaking.--Not later than 180 days after the date of 
enactment of this Act, to facilitate timely permitting, the Secretary 
of the Interior and the Secretary of Agriculture shall each develop or 
adopt 1 or more categorical exclusions, including allowing for 
extraordinary circumstances under which the categorical exclusion shall 
not be available, under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) for the following activities:
            (1) Placement of an electric transmission or distribution 
        facility in an approved right-of-way corridor, including a 
        corridor designated under section 368 of the Energy Policy Act 
        of 2005 (42 U.S.C. 15926).
            (2) Any repair, maintenance, replacement, upgrade, 
        modification, optimization, or minor relocation of, or addition 
        to, an existing electric transmission or distribution facility 
        or associated infrastructure, including electrical substations, 
        within an existing right-of-way or on otherwise previously 
        disturbed or developed land, including reconductoring and 
        installation of grid-enhancing technologies.
            (3) Construction, operation, upgrade, or decommissioning of 
        a battery or other energy storage technology on previously 
        disturbed or developed land.

SEC. 2215. 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 
                must submit and the Secretary of the Interior or the 
                Secretary of Agriculture, as applicable, must approve 
                before an operator may begin operations, in accordance 
                with, as applicable--
                            ``(i) subpart 3809 of part 3800 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 where the mineral character 
                        has not been determined.
            ``(2) Authorization.--Notwithstanding subsections (a) and 
        (b), 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 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) that 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).''.
    (b) Claim Maintenance Fee for Additional Mill Sites.--Section 
10101(a)(1) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 
28f(a)(1)) is amended, in the first sentence, by inserting ``, except 
the holders of each mill site located under subsection (c) of section 
2337 of the Revised Statutes (30 U.S.C. 42) shall pay to the Secretary 
of the Interior, on or before September 1 of each year, to the extent 
provided in advance in appropriations Acts, a claim maintenance fee of 
$400 per site'' after ``respectively''.
    (c) Application of Mineral Leasing Act for Acquired Lands to 
Hardrock Minerals.--
            (1) Hardrock minerals.--Section 2 of the Mineral Leasing 
        Act for Acquired Lands (30 U.S.C. 351) is amended--
                    (A) in the sixth sentence, by striking ``The term'' 
                and all that follows through ``embrace'' and inserting 
                the following:
            ``(5) Oil.--The term `oil' means'';
                    (B) in the fifth sentence, by striking ```Lease''' 
                and inserting the following:
            ``(3) Lease.--The term `lease''';
                    (C) by striking the fourth sentence and inserting 
                the following:
            ``(4) Mineral leasing laws.--The term `mineral leasing 
        laws' means--
                    ``(A) the Mineral Leasing Act (30 U.S.C. 181 et 
                seq.);
                    ``(B) the Act of April 17, 1926 (44 Stat. 301, 
                chapter 158; 30 U.S.C. 271 et seq.);
                    ``(C) the Act of February 7, 1927 (44 Stat. 1057, 
                chapter 66; 30 U.S.C. 281 et seq.); and
                    ``(D) all Acts amendatory or supplementary to any 
                of the Acts described in subparagraphs (A) through 
                (C).'';
                    (D) in the third sentence, by striking 
                ```Secretary''' and inserting the following:
            ``(6) Secretary.--The term `Secretary''';
                    (E) in the second sentence--
                            (i) by striking ``(36 Stat.'' and all that 
                        follows through the period at the end and 
                        inserting ``(commonly known as the `Weeks Law') 
                        (36 Stat. 961, chapter 186; 16 U.S.C. 552 et 
                        seq.).''; and
                            (ii) by striking ```Acquired lands' or 
                        `lands acquired by the United States' include'' 
                        and inserting the following:
            ``(1) Acquired lands; lands acquired by the united 
        states.--The terms `acquired lands' and `lands acquired by the 
        United States' mean'';
                    (F) in the first sentence, by striking ``As used in 
                this Act `United States''' and inserting the following: 
                ``In this Act:
            ``(7) United states.--The term `United States''';
                    (G) by moving the paragraphs so as to appear in 
                numerical order; and
                    (H) by inserting after paragraph (1) (as so 
                designated) the following:
            ``(2) Hardrock mineral.--
                    ``(A) In general.--The term `hardrock mineral' 
                includes deposits of--
                            ``(i) minerals found in sedimentary or 
                        other rocks;
                            ``(ii) base metals;
                            ``(iii) precious metals;
                            ``(iv) industrial minerals; and
                            ``(v) precious and semi-precious gemstones.
                    ``(B) Exclusions.--The term `hardrock mineral' does 
                not include deposits of--
                            ``(i) coal;
                            ``(ii) oil;
                            ``(iii) oil shale;
                            ``(iv) gas;
                            ``(v) sodium;
                            ``(vi) potassium;
                            ``(vii) sulfur; or
                            ``(viii) mineral materials subject to 
                        disposition under the Act of July 31, 1947 
                        (commonly known as the `Materials Act of 1947') 
                        (61 Stat. 681, chapter 406; 30 U.S.C. 601 et 
                        seq.).''.
            (2) Deposits subject to lease.--Section 3 of the Mineral 
        Leasing Act for Acquired Lands (30 U.S.C. 352) is amended, in 
        the first sentence, by striking ``and sulfur'' and inserting 
        ``sulfur, and hardrock minerals''.
    (d) 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.--
                    (A) In general.--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.
                    (B) Hardrock minerals.--Section 6(a) of the Mineral 
                Leasing Act for Acquired Lands (30 U.S.C. 355(a)) is 
                amended by adding at the end the following: ``Beginning 
                on the date of enactment of the Bipartisan American 
                Affordability and Jobs Act of 2026, any receipts 
                derived from leases of hardrock minerals pursuant to 
                section 3 that would otherwise be paid into the 
                Treasury shall be deposited into the Abandoned Hardrock 
                Mine Fund established by section 205(d) of the 
                Bipartisan American Affordability and Jobs Act of 
                2026.''.
            (3) Use.--The Secretary of the Interior may make 
        expenditures from amounts available in the Fund, without 
        further appropriations or fiscal year limitation, 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));
                    (B) may be transferred in accordance with section 
                40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)); and
                    (C) may be used for the administration of the Fund 
                and section 40704 of the Infrastructure Investment and 
                Jobs Act (30 U.S.C. 1245) in amounts not to exceed 5 
                percent of amounts deposited into the Fund.
    (e) 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''.

             Subtitle C--Geothermal Leasing and Permitting

SEC. 2221. GEOTHERMAL OBSERVATION TEST PROJECTS.

    The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is 
amended by adding at the end the following:

``SEC. 30. GEOTHERMAL OBSERVATION TEST PROJECTS.

    ``(a) Definitions.--In this section:
            ``(1) Casual use.--The term `casual use', with respect to a 
        geothermal observation test project, means activities 
        ordinarily resulting in no or negligible disturbance of public 
        land or resources.
            ``(2) Categorical exclusion.--The term `categorical 
        exclusion' has the meaning given the term in section 3 of the 
        National Environmental Policy Act of 1969.
            ``(3) 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 use.
            ``(4) Geothermal observation test project.--The term 
        `geothermal observation test project' means using geothermal 
        technologies to drill a test, monitor, calibration, 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 Act, that--
                    ``(A) causes an allowable amount of total 
                disturbance;
                    ``(B) does not include any permanent roads;
                    ``(C) is developed--
                            ``(i) with the deepest cemented casing 
                        string less than 12 inches of downhole size in 
                        diameter;
                            ``(ii) in a manner that does not require 
                        off-road motorized access other than to and 
                        from the well site along an identified off-road 
                        route;
                            ``(iii) with temporary road access, if 
                        needed to enable access to the geothermal 
                        observation test project location, subject to 
                        the requirement that--
                                    ``(I) construction of the temporary 
                                road access is remediated as close as 
                                reasonably practicable to original 
                                condition following completion of the 
                                geothermal observation test project 
                                work; or
                                    ``(II) the temporary road access, 
                                with any additional permanent 
                                improvements, is included as part of 
                                the full review required under the 
                                National Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.) if the 
                                leaseholder intends to proceed with 
                                geothermal energy use for--
                                            ``(aa) the production of 
                                        electricity;
                                            ``(bb) industrial 
                                        processes;
                                            ``(cc) agricultural 
                                        processes;
                                            ``(dd) brine mineral 
                                        extraction;
                                            ``(ee) direct heating and 
                                        cooling uses; or
                                            ``(ff) any combination of 
                                        items (aa) through (ee); and
                            ``(iv) with the use of rubber-tired digging 
                        or drilling equipment vehicles;
                    ``(D) is completed in less than 1 year--
                            ``(i) including the removal of any surface 
                        infrastructure from the site, unless--
                                    ``(I) the party conducting the 
                                geothermal observation test project 
                                submits to the Secretary concerned by 
                                not later than 60 days after the date 
                                of first exploration drilling an 
                                extension request for additional time 
                                to complete the observation project, in 
                                which the request provides 
                                justification indicating why granting 
                                an extension is necessary; and
                                    ``(II) the Secretary concerned 
                                grants an extension under subclause 
                                (I), if requested; or
                            ``(ii) 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 1969 (42 U.S.C. 4321 et seq.); 
                        and
                    ``(E) requires the restoration of the project site 
                as part of any new review required under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) within 3 years of the date of first exploration 
                drilling to approximately the condition that existed at 
                the time the project began, unless the site is 
                subsequently used as part of energy development under 
                the lease.
            ``(5) Geothermal technology.--The term `geothermal 
        technology' means technology designed to extract heat from the 
        subsurface of the earth and that is used to drill--
                    ``(A) hydrothermal project test wells;
                    ``(B) enhanced geothermal system monitoring wells;
                    ``(C) closed loop geothermal system calibration 
                wells; and
                    ``(D) similar types of subsurface disturbances 
                through non-production wells to assess the viability of 
                the heat resources of the earth.
            ``(6) Secretary concerned.--The term `Secretary concerned' 
        means--
                    ``(A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                    ``(B) the Secretary, with respect to public lands.
            ``(7) Surface infrastructure.--The term `surface 
        infrastructure' means all equipment, materials, facilities, and 
        other items used in the drilling of a geothermal observation 
        test project.
            ``(8) Total disturbance.--
                    ``(A) In general.--The term `total disturbance' 
                means a geothermal observation test project that causes 
                not more than 10 acres of disturbance from--
                            ``(i) soil or vegetation disruption at the 
                        location of each geothermal observation test 
                        project; and
                            ``(ii) soil or vegetation disruption during 
                        access or egress to the geothermal observation 
                        test project site.
                    ``(B) Allowance.--
                            ``(i) Multiple projects.--For instances of 
                        multiple geothermal observation test projects, 
                        the acres of total disturbance allowed shall--
                                    ``(I) be equal to the total number 
                                of geothermal observation test projects 
                                multiplied by 10 acres; and
                                    ``(II) not exceed 100 total acres.
                            ``(ii) Access or egress.--For soil or 
                        vegetation disruption during access or egress 
                        to a geothermal observation test project site, 
                        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 project.
    ``(b) Categorical Exclusion.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Secretary concerned shall 
        develop a categorical exclusion for geothermal observation test 
        projects.
            ``(2) Administration.--In developing and administering the 
        categorical exclusion under paragraph (1), the Secretary 
        concerned shall--
                    ``(A) comply with the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.); and
                    ``(B) apply any applicable extraordinary 
                circumstance under section 46.215 of title 43, Code of 
                Federal Regulations (or a successor regulation), in 
                determining whether to use the categorical exclusion.
    ``(c) Non-Major Federal Action.--
            ``(1) In general.--Activities that are casual use shall not 
        be considered a major Federal action under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(2) 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 30 days 
        before the start of the activities.''.

SEC. 2222. GEOTHERMAL ROYALTIES.

    (a) Definitions.--
            (1) In general.--Section 2 of the Geothermal Steam Act of 
        1970 (30 U.S.C. 1001) is amended--
                    (A) in the matter preceding subsection (a), by 
                striking ``As used in this Act, the term--'' and 
                inserting ``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 (e), by striking ``geothermal 
                steam or associated'';
                    (D) in subsection (f)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``Significant'' and inserting 
                        ``significant''; and
                            (ii) by redesignating paragraphs (1) 
                        through (4) as subparagraphs (A) through (D), 
                        respectively, and indenting appropriately;
                    (E) in subsection (g), by striking ``; and'' and 
                inserting a period;
                    (F) by redesignating subsections (a) through (g) as 
                paragraphs (8), (4), (5), (1), (7), (9), and (2), 
                respectively, and indenting and moving the paragraphs 
                so as to appear in numerical order;
                    (G) in each of paragraphs (1), (2), (4), (5), (7), 
                (8), and (9)--
                            (i) by inserting ``The term'' after the 
                        paragraph designation; and
                            (ii) by inserting a paragraph heading, the 
                        text of which comprises the term defined in 
                        that paragraph;
                    (H) 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 or structures (including turbines, 
                cooling equipment, and other equipment), that converts 
                geothermal resources into electricity.
                    ``(B) Separate facilities.--A plant or site of a 
                facility described in subparagraph (A) shall be 
                considered a new or separate facility from the facility 
                described in subparagraph (A) only if no turbines are 
                shared with that existing facility.''; and
                    (I) 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 
        begins operating.''.
            (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) Geothermal Royalties.--Section 5(a)(1) of the Geothermal Steam 
Act of 1970 (30 U.S.C. 1004(a)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``with respect to a geothermal 
                electric generating facility producing electricity from 
                geothermal resources,'' before ``not less than'';
                    (B) by inserting ``by such facility'' after 
                ``produced''; and
                    (C) by striking ``the first 10 years of production 
                under the lease'' and inserting ``each year of the 10-
                year period following the in-service date of the 
                geothermal electric generating facility''; and
            (2) in subparagraph (B)--
                    (A) by inserting ``with respect to a geothermal 
                electric generating facility producing electricity from 
                geothermal resources,'' before ``not less than'';
                    (B) by inserting ``by such facility'' after 
                ``produced''; and
                    (C) by striking ``such 10-year period'' and 
                inserting ``the 10-year period described in 
                subparagraph (A)''.

SEC. 2223. GEOTHERMAL LEASING REFORM.

    (a) Annual Leasing.--Section 4(b) of the Geothermal Steam Act of 
1970 (30 U.S.C. 1003(b)) is amended--
            (1) in paragraph (2), by striking ``2 years'' and inserting 
        ``year''; and
            (2) by adding at the end the following:
            ``(5) Replacement sales.--If a lease sale under paragraph 
        (1) for a year is cancelled or delayed, the Secretary shall 
        conduct a replacement sale during the same year.''.
    (b) Deadlines for Consideration of Geothermal Drilling Permits.--
Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is 
amended by adding at the end the following:
    ``(h) Deadlines for Consideration of Geothermal Drilling Permits.--
            ``(1) Notice.--Not later than 30 days after the date on 
        which the Secretary receives an application for any geothermal 
        drilling permit, the Secretary shall--
                    ``(A) provide written notice to the applicant that 
                the application is complete; or
                    ``(B) notify the applicant that information is 
                missing and specify any information that is required to 
                be submitted for the application to be complete.
            ``(2) Issuance or deferral.--
                    ``(A) In general.--Not later than 30 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 
                (1)(A), the Secretary shall--
                            ``(i) issue the permit, if the requirements 
                        under the National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.) and other 
                        applicable law have been completed within the 
                        timeframe; or
                            ``(ii) defer the decision on the permit and 
                        provide to the applicant a notice--
                                    ``(I) that specifies any steps that 
                                the applicant could take for the permit 
                                to be issued; and
                                    ``(II) that includes a list of 
                                actions that need to be taken by the 
                                agency to comply with applicable law, 
                                together with timelines and deadlines 
                                for taking those actions, which shall 
                                not exceed the deadlines specified in 
                                section 107(g) of the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4336a(g)).
                    ``(B) Deadline for deferred decisions.--If the 
                Secretary defers a decision on a permit under 
                subparagraph (A)(ii), the Secretary shall issue a 
                decision on the permit not later than 10 days after--
                            ``(i) the applicant takes any steps 
                        specified under subparagraph (A)(ii)(I); and
                            ``(ii) the agency takes the actions 
                        described in subparagraph (A)(ii)(II) in 
                        accordance with any applicable timelines and 
                        deadlines.''.

SEC. 2224. 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. 2225. NO FEDERAL PERMIT REQUIRED FOR GEOTHERMAL ACTIVITIES ON 
              CERTAIN LAND.

    The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) (as 
amended by section 2221) is amended by adding at the end the following:

``SEC. 31. NO FEDERAL PERMIT REQUIRED FOR GEOTHERMAL ACTIVITIES ON 
              CERTAIN LAND.

    ``(a) 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 estate, provided that--
            ``(1) the United States holds an ownership interest of less 
        than 50 percent of the subsurface geothermal estate to be 
        accessed by the proposed action; and
            ``(2) the operator submits to the Secretary a State permit 
        to conduct geothermal exploration and production activities on 
        the non-Federal surface estate.
    ``(b) Notification.--For each State permit to drill or drilling 
plan that would impact or extract oil and gas owned by the Federal 
Government--
            ``(1) each lessee of Federal minerals in the unit, or 
        designee of a lessee, shall--
                    ``(A) notify the Secretary of the submission of a 
                State application for a permit to drill or drilling 
                plan on submission of the application; and
                    ``(B) provide a copy of the application described 
                in subparagraph (A) to the Secretary not later than 5 
                days after the date on which the permit or plan is 
                submitted; and
            ``(2) each lessee, designee of a lessee, or applicable 
        State shall notify the Secretary of the approved State permit 
        to drill or drilling plan not later than 45 days after the date 
        on which the permit or plan is approved.
    ``(c) Nonapplicability to Indian Land.--Subsection (a) shall not 
apply to--
            ``(1) any land located within the boundaries of an Indian 
        reservation, pueblo, or rancheria; or
            ``(2) any land not located within the boundaries of an 
        Indian reservation, pueblo, or rancheria, the title to which is 
        held--
                    ``(A) in trust by the United States for the benefit 
                of an Indian Tribe or an individual Indian;
                    ``(B) by an Indian Tribe or an individual Indian, 
                subject to restriction against alienation under laws of 
                the United States; or
                    ``(C) by a dependent Indian community.
    ``(d) Effect.--
            ``(1) 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 
        (other than direct use of geothermal resources) or the 
        production of any byproducts.
            ``(2) Onsite reviews and inspections.--The Secretary may 
        conduct onsite reviews and inspections to ensure proper 
        accountability, measurement, and reporting of the production 
        described in subsection (a), and payment of royalties.''.

SEC. 2226. 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) (as 
amended by section 2223(b)) is amended by adding at the end the 
following:
    ``(i) 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. 2227. 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 Bipartisan American Affordability and Jobs 
        Act of 2026 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 existence 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;
                    (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) Considerations.--In developing the report under 
        paragraph (1), the Secretary of the Interior shall solicit 
        facts or information from representatives of the geothermal 
        industry and other stakeholders.

SEC. 2228. 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. 2229. NEPA REVIEW.

    Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) NEPA Review.--Action by the Secretary of the Interior in 
managing public land, or the Secretary of Agriculture in managing 
National Forest System land, with respect to an activity described in 
subsection (b) shall not be considered a major Federal action under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if 
the activity is conducted pursuant to the Mineral Leasing Act (30 
U.S.C. 181 et seq.) or the Geothermal Steam Act of 1970 (30 U.S.C. 1001 
et seq.) for the purpose of exploration or development of oil, gas, or 
geothermal resources.'';
            (2) in subsection (b)--
                    (A) in paragraph (2), by striking ``or gas'' and 
                inserting ``, gas, or geothermal'';
                    (B) in paragraph (3), by striking ``or gas'' and 
                inserting ``, gas, or geothermal'';
                    (C) by striking ``NEPA'' each place it appears and 
                inserting ``the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.)'';
                    (D) in paragraph (4), by striking ``5'' and 
                inserting ``10'';
                    (E) by redesignating paragraph (5) as paragraph 
                (6); and
                    (F) by inserting after paragraph (4) the following:
            ``(5) For the purposes of geothermal, placement of an 
        electric transmission or distribution line of not more than 20 
        miles in length in an approved right-of-way corridor, so long 
        as the corridor was approved within 10 years prior to the date 
        of placement of the transmission or distribution line.''; and
            (3) by adding at the end the following:
    ``(c) Effect.--
            ``(1) In general.--Nothing in this section affects the 
        requirement for a drilling permit for the conduct of any 
        activity described in subsection (b) pursuant to--
                    ``(A) the Mineral Leasing Act (30 U.S.C. 181 et 
                seq.); or
                    ``(B) the Geothermal Steam Act of 1970 (30 U.S.C. 
                1001 et seq.).
            ``(2) Requirements.--Notwithstanding section 17(p)(2)(A) of 
        the Mineral Leasing Act (30 U.S.C. 226(p)(2)(A)) or subsection 
        (h)(2)(A)(i) of section 4 of the Geothermal Steam Act of 1970 
        (30 U.S.C. 1003), activities described in subsection (b) that 
        require a drilling permit under the Mineral Leasing Act (30 
        U.S.C. 1001 et seq.) or a geothermal drilling permit under the 
        Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) shall not 
        have any requirements under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.).''.

                         Subtitle D--Hydropower

SEC. 2231. IDENTIFYING AND REMOVING MARKET BARRIERS TO HYDROPOWER.

    (a) Definition of Commission.--In this section, the term 
``Commission'' means the Federal Energy Regulatory Commission.
    (b) Report on Hydropower Market Barriers.--
            (1) In general.--Not later than 270 days after the date of 
        enactment of this Act, the Commission, in consultation with the 
        Secretary of Energy, 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--
                    (A) describing any market barriers to the 
                development and proper compensation of conventional, 
                storage, conduit, and emerging hydropower technologies 
                related to--
                            (i) rules of Transmission Organizations (as 
                        defined in section 3 of the Federal Power Act 
                        (16 U.S.C. 796));
                            (ii) regulations or policies--
                                    (I) of the Commission; or
                                    (II) under the Federal Power Act 
                                (16 U.S.C. 791a et seq.); or
                            (iii) other Federal and State laws and 
                        policies unique to hydropower development, 
                        operation, and regulation, as compared to other 
                        sources of electricity;
                    (B) containing recommendations of the Commission 
                for reducing market barriers described in subparagraph 
                (A);
                    (C) identifying and determining any regulatory, 
                market, procurement, or cost recovery mechanisms that 
                would--
                            (i) encourage development of conventional, 
                        storage, conduit, and emerging hydropower 
                        technologies; and
                            (ii) properly compensate conventional, 
                        storage, conduit, and emerging hydropower 
                        technologies for the full range of services 
                        provided to the electric grid, including--
                                    (I) balancing electricity supply 
                                and demand;
                                    (II) ensuring grid reliability;
                                    (III) providing ancillary services;
                                    (IV) contributing to the 
                                decarbonization of the electric grid; 
                                and
                                    (V) integrating intermittent power 
                                sources into the grid in a cost-
                                effective manner; and
                    (D) identifying ownership and development models 
                that could reduce market barriers to the development of 
                conventional, storage, conduit, and emerging hydropower 
                technologies, including--
                            (i) opportunities for risk-sharing 
                        mechanisms and partnerships, including co-
                        ownership models; and
                            (ii) opportunities to foster lease-sale and 
                        lease-back arrangements with publicly owned 
                        electric utilities.
            (2) Technical conference and public comment.--In preparing 
        the report under paragraph (1), the Commission shall solicit 
        public input, including by convening a technical conference and 
        providing an opportunity for public submission of written 
        comments on a draft report.

SEC. 2232. CERTAIN CONDITIONS ON ISSUANCE OF LICENSES.

    Section 4(e) of the Federal Power Act (16 U.S.C. 797(e)) is 
amended, in the first proviso, by inserting ``and are reasonably 
related to the effects of the project'' after ``of such reservation''.

SEC. 2233. HYDROPOWER MAINTENANCE AND TEMPORARY ADJUSTMENTS.

    (a) Alterations in Project Works.--Section 10(b) of the Federal 
Power Act (16 U.S.C. 803(b)) is amended by adding at the end the 
following: ``Except as previously provided in this subsection, 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 Commission. The Commission shall not require approval 
of any alteration or addition as determined pursuant to regulations 
promulgated under section 2233(c) of the Bipartisan American 
Affordability and Jobs Act of 2026 or any temporary variance to the 
project operations necessitated by circumstances beyond the reasonable 
control of the licensee, including extreme weather, natural disasters, 
equipment failures, or other unforeseen circumstances.''.
    (b) Maintenance and Repair of Project Works.--Section 10(c) of the 
Federal Power Act (16 U.S.C. 803(c)) is amended by inserting after the 
first sentence the following: ``The Commission shall not require 
approval or an amendment to a project license for any routine 
maintenance, repair, or replacement of any portion of a project works 
necessary to maintain the project works in accordance with this 
subsection.''.
    (c) Guidance and Process.--
            (1) Guidance.--Not later than 90 days after the date of 
        enactment of this Act, the Federal Energy Regulatory Commission 
        shall issue a notice of proposed rulemaking proposing a process 
        or considerations for determining a ``substantial alteration or 
        addition'', ``nonsubstantial alteration or addition'', and 
        ``routine maintenance, repair, 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'' (90 Fed. Reg. 53310; Docket No. RM26-
        3-000) issued on November 20, 2025, initially scheduled to 
        close on January 26, 2026, but extended and officially closed 
        on February 10, 2026.
            (2) Process.--Not later than 180 days after the date of the 
        issuance of the notice of proposed rulemaking under paragraph 
        (1), and after public notice and opportunity for comment, the 
        Federal Energy Regulatory Commission shall promulgate a final 
        rule establishing--
                    (A) standards for determining a ``substantial 
                alteration or addition'', ``nonsubstantial alteration 
                or addition'', and ``routine maintenance, repair, or 
                replacement'' to a hydropower project works; and
                    (B) a formal process, as appropriate, 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 
                10(b) of the Federal Power Act (16 U.S.C. 803(b)).
            (3) Effect.--The rule promulgated under paragraph (2) shall 
        establish a process or considerations for determining which 
        licensee-requested project alterations require the approval of 
        the Federal Energy Regulatory Commission.
    (d) Savings Clause.--Nothing in this section or an amendment made 
by this section--
            (1) affects any authority of the Commission--
                    (A) to require notice from a licensee under 
                subsection (a) or (b) of section 10 of the Federal 
                Power Act (16 U.S.C. 803); or
                    (B) to enforce requirements of that section or the 
                terms of a license issued under part I of the Federal 
                Power Act (16 U.S.C. 792 et seq.) with respect to the 
                safety of any dam and appurtenant works and structures; 
                or
            (2)(A) precludes any prompt, informal consultation between 
        the licensee and the Commission, at the request of the licensee 
        or the Commission, with respect to the safety of any dam and 
        appurtenant works and structures in advance of work to be 
        undertaken under section 10 of the Federal Power Act (16 U.S.C. 
        803); or
            (B) affects any authority of the Commission to require 
        changes in advance of the work described in subparagraph (A) to 
        protect the safety of any dam and appurtenant works and 
        structures.

SEC. 2234. MICRO HYDROKINETIC ENERGY PROJECTS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended 
by adding at the end the following:

``SEC. 37. LICENSING OF MICRO HYDROKINETIC ENERGY PROJECTS.

    ``(a) Definition of Micro Hydrokinetic Energy Project.--In this 
section, the term `micro hydrokinetic energy project'--
            ``(1) means a project that--
                    ``(A) has an installed capacity of not more than 5 
                megawatts; and
                    ``(B) converts to electric energy the hydrokinetic 
                energy from a generator driven by a turbine from--
                            ``(i) waves, tides, or currents in oceans, 
                        estuaries, or tidal areas; or
                            ``(ii) free flowing water in rivers, lakes, 
                        streams, or man-made channels; and
            ``(2) does not include a project that impounds water to 
        generate electricity.
    ``(b) Authorization.--The Commission may issue a license in 
accordance with this section for a term of not less than 10, and not 
more than 20, years for the construction, operation, and maintenance of 
project works for a micro hydrokinetic energy project.
    ``(c) Expedited Licensing Process.--
            ``(1) Notification of intent.--
                    ``(A) Filing of notification.--An applicant for a 
                license under this section shall commence the licensing 
                process by filing a notification of intent with the 
                Commission.
                    ``(B) Existing license deadline.--Notwithstanding 
                section 15(b)(1), an applicant for a license under this 
                section shall file a notification of intent under 
                subparagraph (A) not later than 2 years before the 
                expiration of an existing license, if applicable.
            ``(2) Filing of application.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an applicant for a license under this 
                section shall submit to the Commission an application 
                not later than 1 year after the date on which the 
                applicant files a notification of intent under 
                paragraph (1).
                    ``(B) Existing license deadline.--Notwithstanding 
                section 15(c)(1), an applicant for a license under this 
                section shall file an application with the Commission 
                not later than 1 year before the date of expiration of 
                the term of an existing license, if applicable.
            ``(3) Deadline for issuance.--The Commission shall take 
        final action on an application for a license under this section 
        not later than 1 year after the date on which the application 
        is filed under paragraph (2).
            ``(4) Schedule for final action.--To the extent reasonably 
        practicable, the Commission and any applicable conditioning or 
        permitting agencies shall establish, with respect to each micro 
        hydrokinetic energy project that is the subject of a 
        notification of intent to apply for a license under this 
        section, a joint schedule that permits the timely completion of 
        decisions required to be made with respect to, and the timely 
        issuance of, authorizations required under Federal law by the 
        Commission and the conditioning or permitting agencies, subject 
        to the requirement that any joint schedule established under 
        this paragraph shall comply with the deadline for final action 
        established under paragraph (3).
    ``(d) Regulations.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, 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 
        laws.
            ``(2) Inclusion.--The regulations promulgated under 
        paragraph (1) shall provide for the use of 1 or more 
        categorical exclusions, including allowing for extraordinary 
        circumstances under which the categorical exclusion shall not 
        be available, under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) for low disturbance activities 
        necessary for micro hydrokinetic energy projects.
    ``(e) 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 environment, the economy, 
and the reliability and affordability of electricity not later than the 
earlier of--
            ``(1) the date that is 5 years after the date of enactment 
        of this section; and
            ``(2) the date on which the first 50 micro hydrokinetic 
        energy projects licensed under this section have been 
        operational for not less than 1 year.
    ``(f) Savings Clause.--Nothing in this section affects any 
authority of the Commission, at the election of an applicant, to 
license the construction, operation, and maintenance of project works 
for a micro hydrokinetic energy project under any other provision of 
this part.''.

                    Subtitle E--Hiring and Retention

SEC. 2241. FEDERAL ENERGY REGULATORY COMMISSION STAFFING.

    (a) Consultation Requirement.--Section 401(k) of the Department of 
Energy Organization Act (42 U.S.C. 7171(k)) is amended--
            (1) by striking paragraph (6); and
            (2) by redesignating paragraph (7) as paragraph (6).
    (b) Certification Requirements.--Section 401(k)(2)(A) of the 
Department of Energy Organization Act (42 U.S.C. 7171(k)(2)(A)) is 
amended by striking ``or mathematical'' and inserting ``mathematical, 
economic, or legal''.

SEC. 2242. NORTHWEST POWER AND CONSERVATION COUNCIL.

    Section 4(c)(10)(B) of the Pacific Northwest Electric Power 
Planning and Conservation Act (16 U.S.C. 839b(c)(10)(B)) is amended by 
inserting ``since the date of enactment of the Bipartisan American 
Affordability and Jobs Act of 2026'' before the period at the end.

SEC. 2243. 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 Commissioners, respectively.

                      Subtitle F--Offshore Energy

SEC. 2251. OFFSHORE ENERGY.

    (a) Outer Continental Shelf Lands Act.--Section 8(p) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337(p)) is amended--
            (1) in paragraph (4)(I), by striking ``prevention of 
        interference with reasonable uses'' and inserting ``prevention 
        of unreasonable interference with other uses'';
            (2) by striking paragraph (10) and inserting the following:
            ``(10) Applicability.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), this subsection does not apply to any 
                area on the outer Continental Shelf within the exterior 
                boundaries of any unit of the National Park System, the 
                National Wildlife Refuge System, the National Marine 
                Sanctuary System, or any National Monument.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                the Secretary, in consultation with the Secretary of 
                Commerce under section 304(d) of the National Marine 
                Sanctuaries Act (16 U.S.C. 1434(d)), may grant rights-
                of-way on the outer Continental Shelf within units of 
                the National Marine Sanctuary System for the 
                transmission of electricity.''; and
            (3) by adding at the end the following:
            ``(11) Duration of permits in marine sanctuaries.--
        Notwithstanding section 310(c)(2) of the National Marine 
        Sanctuaries Act (16 U.S.C. 1441(c)(2)), any permit or 
        authorization granted under that Act that authorizes the 
        installation, operation, or maintenance of electric 
        transmission cables on a right-of-way granted by the Secretary 
        described in paragraph (10)(B) shall be issued for a term equal 
        to the duration of the right-of-way granted by the 
        Secretary.''.
    (b) Savings Clause.--Nothing in this section, or an amendment made 
by this section, modifies the limitations described in section 
50265(b)(2) of Public Law 117-169 (43 U.S.C. 3006(b)(2)).

SEC. 2252. OFFSHORE ENERGY TRANSMISSION.

    (a) Definitions.--In this section:
            (1) Backbone line.--The term ``backbone line'' means a 
        transmission line that connects multiple offshore transmission 
        substitutions.
            (2) Federal authorization.--
                    (A) In general.--The term ``Federal authorization'' 
                means any authorization required under Federal law in 
                order to site an offshore transmission facility.
                    (B) Inclusions.--The term ``Federal authorization'' 
                includes such permits, special use authorizations, 
                certifications, opinions, or other approvals as may be 
                required under Federal law in order to site an offshore 
                transmission facility.
            (3) Offshore generation facility.--The term ``offshore 
        generation facility'' means a facility that--
                    (A) is located on the outer Continental Shelf; and
                    (B) produces electric energy.
            (4) Offshore transmission facility.--
                    (A) In general.--The term ``offshore transmission 
                facility'' means a facility, such as a line or cable, 
                and any related infrastructure or equipment, such as a 
                substation or converter station, that is used for the 
                transmission of electric energy--
                            (i) between 2 or more offshore generation 
                        facilities, including--
                                    (I) offshore generation facilities 
                                within a single offshore energy 
                                project; and
                                    (II) offshore generation facilities 
                                in different offshore energy projects; 
                                or
                            (ii) between 1 or more offshore generation 
                        facilities and an interconnection with an 
                        onshore electric grid.
                    (B) Inclusions.--The term ``offshore transmission 
                facility'' includes a radial line, a backbone line, and 
                any transmission line.
            (5) Optimal point of interconnection.--The term ``optimal 
        point of interconnection'' means a point of interconnection 
        that minimizes--
                    (A) delays;
                    (B) local impacts; and
                    (C) the need for grid updates.
            (6) Outer continental shelf.--The term ``outer Continental 
        Shelf'' has the meaning given the term in section 2 of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331).
            (7) Radial line.--The term ``radial line'' means a 
        transmission line that is used to link 1 or more offshore 
        energy projects to the bulk-power system (as defined in section 
        215(a) of the Federal Power Act (16 U.S.C. 824o(a))).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) State.--The term ``State'' has the meaning given the 
        term in section 2 of the Outer Continental Shelf Lands Act (43 
        U.S.C. 1331).
    (b) Identification of Preferred Routes.--
            (1) In general.--
                    (A) Initial identification.--Not later than 2 years 
                after the date of enactment of this Act, the Secretary 
                and the Secretary of Energy (referred to in this 
                subsection as the ``Secretaries''), in coordination 
                with relevant Federal agencies involved in the 
                permitting of offshore generation facilities and 
                offshore transmission facilities, shall identify 
                preferred routes on the outer Continental Shelf for 
                transmission cables and sub-seabed infrastructure 
                (where such routes have not yet been identified), 
                including--
                            (i) between offshore generation facilities; 
                        and
                            (ii) between offshore generation facilities 
                        and optimal points of interconnection with 
                        onshore electric grids.
                    (B) Periodic review.--Not less frequently than once 
                every 3 years after the initial identification of 
                preferred routes in accordance with subparagraph (A), 
                the Secretaries, in coordination with relevant Federal 
                agencies involved in the permitting of offshore 
                generation facilities and offshore transmission 
                facilities, shall--
                            (i) determine whether additional preferred 
                        routes are needed; and
                            (ii) if applicable, identify any additional 
                        preferred routes.
            (2) Considerations.--In identifying preferred routes under 
        paragraph (1), the Secretaries shall take into account--
                    (A) existing rights-of-way and existing sub-seabed 
                infrastructure;
                    (B) the optimal points of interconnection between 
                offshore generation facilities and onshore electric 
                grids; and
                    (C) impacts on the marine environment, including 
                critical habitats or protected areas, marine organisms, 
                including protected or endangered species, and other 
                ocean users, including fisheries.
    (c) Siting, Permitting, and Authorizations.--
            (1) Lead agency.--With respect to an offshore transmission 
        facility, 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 
        facility.
            (2) Rulemaking.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Secretary, in 
                coordination with other relevant Federal agencies, 
                shall issue, pursuant to section 5 of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1334), a final 
                rule relating to Federal authorizations for offshore 
                transmission facilities.
                    (B) Considerations.--In carrying out subparagraph 
                (A), the Secretary shall consider--
                            (i) establishing 1 or more procedures for 
                        soliciting information about existing and 
                        potential rights-of-way;
                            (ii) establishing a process for determining 
                        interest in the use of 1 or more rights-of-way, 
                        including backboned or meshed rights-of-way;
                            (iii) establishing a process for the 
                        issuance of rights-of-way, on a competitive or 
                        noncompetitive basis, as appropriate, which may 
                        include consideration of whether a developer--
                                    (I) has an award from a State via a 
                                competitive process;
                                    (II) has an existing agreement to 
                                interconnect a transmission project; or
                                    (III) has submitted an 
                                interconnection request in accordance 
                                with the pro forma Large Generator 
                                Interconnection Procedures promulgated 
                                pursuant to section 35.28(f) of title 
                                18, Code of Federal Regulations (or 
                                successor regulations);
                            (iv) any requirements relating to 
                        environmental reviews for--
                                    (I) independent transmission 
                                projects; and
                                    (II) transmission projects within 
                                existing rights-of-way; and
                            (v) the requirements described in section 
                        8(p)(4) of the Outer Continental Shelf Lands 
                        Act (43 U.S.C. 1337(p)(4)).
            (3) Amendment.--Section 8(p)(3) of the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1337(p)(3)) is amended--
                    (A) by striking ``, the Secretary shall issue a 
                lease, easement, or right-of-way'' and inserting the 
                following: ``(43 U.S.C. 1337 note; Public Law 109-58), 
                the Secretary--
                    ``(A) shall issue a lease or easement''; and
                    (B) in subparagraph (A) (as so designated)--
                            (i) by striking ``lease, easement, or 
                        right-of-way'' and inserting ``lease or 
                        easement''; and
                            (ii) by striking the period at the end and 
                        inserting the following: ``; and
                    ``(B) may issue a right-of-way on a competitive or 
                noncompetitive basis, as the Secretary determines to be 
                appropriate.''.

                    TITLE III--HISTORIC PRESERVATION

SEC. 2301. HISTORIC PRESERVATION.

    (a) Eligibility for Inclusion on National Register.--Section 302706 
of title 54, United States Code, is amended--
            (1) in subsection (a), by striking the subsection 
        designation and all that follows through ``Property of 
        traditional religious and'' and inserting the following:
    ``(a) Eligibility.--
            ``(1) Definition of property of traditional religious or 
        cultural importance.--In this subsection, 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 occurred, including any prehistoric or historic 
        district, site, building, structure, or object, and any 
        existing artifacts or material remains at that district, site, 
        building, structure, or object.
            ``(2) Determination.--Property of traditional religious 
        or''; and
            (2) in subsection (b), by striking ``subsection (a)'' and 
        inserting ``subsection (a)(2)''.
    (b) Program Evaluation.--
            (1) State programs.--Section 302302 of title 54, United 
        States Code, is amended--
                    (A) in subsection (a)--
                            (i) in the subsection heading, by striking 
                        ``Occcur'' and inserting ``Occur''; and
                            (ii) by striking ``4'' and inserting ``2'';
                    (B) in subsection (b)--
                            (i) by striking ``If'' and inserting the 
                        following:
            ``(1) In general.--If'';
                            (ii) in paragraph (1) (as so designated), 
                        by striking ``within a reasonable period of 
                        time'' and inserting ``within 2 years of the 
                        date of the disapproval''; and
                            (iii) by adding at the end the following:
            ``(2) Compliance with timelines.--A State program shall not 
        be considered consistent with this division under paragraph (1) 
        if the applicable State Historic Preservation Officer does not 
        regularly comply with timelines for consultation, complete 
        consultation expeditiously, or meet required metrics under this 
        division.
            ``(3) Disapproval.--If the Secretary disapproves of a State 
        program or a major aspect of a State program under paragraph 
        (1), the Secretary shall require the suspension in whole or in 
        part of--
                    ``(A) any contracts and cooperative agreements 
                among the Secretary and the applicable State and State 
                Historic Preservation Officer; and
                    ``(B) any grants distributed through the Historic 
                Preservation Fund to the applicable State and State 
                Historic Preservation Officer.
            ``(4) Review.--If the Secretary determines under paragraph 
        (1) that a State program remains not consistent, or has not 
        made acceptable progress towards becoming consistent, with this 
        division within the 2-year timeline described in that 
        paragraph, 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 (1).''; and
                    (C) in subsection (d)(2)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``shall'' after 
                        ``Secretary'';
                            (ii) in subparagraph (A)--
                                    (I) by striking ``may conduct 
                                periodic fiscal audits'' and inserting 
                                ``not less frequently than every 4 
                                years, conduct fiscal audits''; and
                                    (II) by striking ``as needed''; and
                            (iii) in subparagraph (B), by striking 
                        ``shall''.
            (2) Tribal programs.--
                    (A) In general.--Chapter 3027 of title 54, United 
                States Code, is amended by adding at the end the 
                following:
``Sec. 302707. Program evaluation
    ``(a) When Evaluation Should Occur.--Periodically, but not less 
frequently than every 2 years after the date on which a tribal program 
has been approved to assume functions and responsibilities under 
section 302702, the Secretary, in consultation with the Council under 
applicable provisions of this division, and in cooperation with the 
Tribal Historic Preservation Officer, shall evaluate the tribal program 
to determine whether the tribal program is consistent with this 
division.
    ``(b) Disapproval of Program.--
            ``(1) In general.--If, at any time, the Secretary 
        determines that a major aspect of a tribal program is not 
        consistent with this division, 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 division, 
        until the program is consistent with this division, unless the 
        Secretary determines that the tribal program will be made 
        consistent with this division within 2 years of the date of the 
        disapproval.
            ``(2) Compliance with timelines.--A tribal program shall 
        not be considered consistent with this division under paragraph 
        (1) if the applicable Tribal Historic Preservation Officer does 
        not regularly comply with timelines for consultation, complete 
        consultation expeditiously, or meet required metrics under this 
        division.
            ``(3) Disapproval.--If the Secretary disapproves of a 
        tribal program or a major aspect of a tribal program under 
        paragraph (1), the Secretary shall require the suspension in 
        whole or in part of--
                    ``(A) any contracts or cooperative agreements among 
                the Secretary and the applicable Indian tribe and 
                Tribal Historic Preservation Officer; and
                    ``(B) any grants distributed through the Historic 
                Preservation Fund to the applicable Indian tribe and 
                Tribal Historic Preservation Officer.
            ``(4) Review.--If the Secretary determines under paragraph 
        (1) that a tribal program remains not consistent, or has not 
        made acceptable progress towards becoming consistent, with this 
        division within the 2-year timeline described in that 
        paragraph, 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 (1).
    ``(c) Oversight.--The Secretary, in consultation with Tribal 
Historic Preservation Officers, shall establish oversight methods to 
ensure tribal program consistency and quality without imposing undue 
review burdens on Tribal Historic Preservation Officers.
    ``(d) Fiscal Audit and Management System.--
            ``(1) Substitution for comparable federal systems.--At the 
        discretion of the Secretary, a system of fiscal audit and 
        management of the Indian tribe may be substituted for 
        comparable Federal systems, subject to the conditions that the 
        system of the Indian tribe--
                    ``(A) establishes and maintains substantially 
                similar accountability standards; and
                    ``(B) provides for independent professional peer 
                review.
            ``(2) Fiscal audits and review by secretary.--The Secretary 
        shall--
                    ``(A) not less frequently than every 4 years, 
                conduct periodic fiscal audits of tribal programs 
                approved under this chapter; and
                    ``(B) ensure that the tribal programs meet 
                applicable accountability standards.
            ``(3) ISDEAA audit substitution.--An audit conducted to 
        meet the requirements of section 5 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5305) of 
        a tribal program shall meet the requirements of this 
        subsection, subject to the requirement that the audit shall be 
        submitted to each of the Director, the Director of the Bureau 
        of Indian Affairs, and the Council.''.
            (3) Conforming amendment.--Section 302702 of title 54, 
        United States Code, is amended, in the matter preceding 
        paragraph (1), by striking ``302302 and 302303'' and inserting 
        ``302303 and 302707''.
            (4) Clerical amendment.--The table of sections for chapter 
        3027 of title 54, United States Code, is amended by adding at 
        the end the following:

``302707. Program evaluation.''.
    (c) Effect of Undertaking on Historic Property.--Section 306108 of 
title 54, United States Code, is amended--
            (1) in the second sentence, by striking ``The head of the 
        Federal agency'' and inserting the following:
            ``(2) Opportunity to comment.--The head of any Federal 
        agency described in paragraph (1)'';
            (2) in the first sentence, by striking ``The head of any 
        Federal agency having direct or indirect'' and inserting the 
        following:
    ``(b) Adverse Effect of the Undertaking.--
            ``(1) In general.--The head of any Federal agency having 
        direct'';
            (3) by inserting before subsection (b) (as so designated) 
        the following:
    ``(a) Definitions.--In this section:
            ``(1) Adverse effect of the undertaking.--
                    ``(A) In general.--The term `adverse effect of the 
                undertaking' means a consequence of an undertaking 
                that--
                            ``(i) is reasonably foreseeable; and
                            ``(ii) directly alters the characteristics 
                        of a historic property in a manner that would 
                        diminish the integrity of the location, design, 
                        setting, materials, workmanship, or association 
                        of the historic property.
                    ``(B) Exclusions.--The term `adverse effect of the 
                undertaking' does not include--
                            ``(i) any visual, atmospheric, or audible 
                        element, unless the visual, atmospheric, or 
                        audible element would have a direct impact on a 
                        historic property that would significantly 
                        diminish the eligible characteristics of the 
                        historic property;
                            ``(ii) any temporary alteration to a 
                        historic property that is limited to the time 
                        it takes to complete an undertaking; or
                            ``(iii) any effect on a portion of the 
                        historic property other than an adverse effect 
                        to the character-defining features, such as 
                        contributing elements, cultural-use locations, 
                        or access points, that significantly contribute 
                        to the qualification of the property for 
                        inclusion on the National Register.
            ``(2) Area of potential effects.--
                    ``(A) In general.--The term `area of potential 
                effects' means the area within which an undertaking may 
                cause an effect described in paragraph (1)(A).
                    ``(B) Exclusion.--The term `area of potential 
                effects' does not include any geographic area affected 
                solely by a portion of a project, activity, or program 
                that is not subject to Federal control or 
                responsibility.
            ``(3) Made public.--The term `made public', with respect to 
        a final agency action, means that the final agency action is 
        published in a single location on the primary website of the 
        applicable Federal agency with--
                    ``(A) hyperlinks to the final agency action 
                prominently displayed on the website; and
                    ``(B) the date of initial publication of the final 
                agency action displayed and maintained on the website.
            ``(4) Reasonably foreseeable.--
                    ``(A) In general.--The term `reasonably 
                foreseeable', with respect to an adverse effect of the 
                undertaking, means an effect of the undertaking that 
                shares a reasonably close causal relationship to, and 
                is proximately caused by, the undertaking being 
                considered.
                    ``(B) Exclusions.--The term `reasonably 
                foreseeable', with respect to an adverse effect of the 
                undertaking, does not include--
                            ``(i) any adverse effect of the undertaking 
                        that is speculative or attenuated from the 
                        undertaking; or
                            ``(ii) any adverse effect of the 
                        undertaking relating to an unrelated prior, 
                        separate existing, or potential future 
                        undertaking.
            ``(5) State historic preservation officer.--The term `State 
        Historic Preservation Officer' means--
                    ``(A) the official designated and appointed 
                pursuant to section 302301(1) to administer the State 
                Historic Preservation Program; or
                    ``(B) a representative designated to act for the 
                official described in subparagraph (A).
            ``(6) Tribal historic preservation officer.--The term 
        `Tribal Historic Preservation Officer' means the Tribal 
        official designated pursuant to section 302702(2) who has 
        assumed the duties of the State Historic Preservation Officer 
        for purposes of compliance with subsection (b) within the 
        boundaries of the applicable tribal land.
            ``(7) Undertaking.--
                    ``(A) In general.--The term `undertaking' means a 
                project, activity, or program that--
                            ``(i) requires a Federal permit, license, 
                        or approval; and
                            ``(ii) is subject to substantial Federal 
                        control and responsibility.
                    ``(B) Exclusion.--The term `undertaking' does not 
                include--
                            ``(i) any portion of a project, activity, 
                        or program over which a Federal agency does not 
                        exercise substantial control or responsibility 
                        over the outcome;
                            ``(ii) a project, activity, or program for 
                        which the only Federal involvement is a loan, 
                        loan guarantee, grant (including a 
                        capitalization grant), cost-share award, or 
                        other form of financial assistance that is not 
                        for the primary purpose of historic 
                        preservation;
                            ``(iii) a project, activity, or program 
                        that consists of minor restoration, 
                        rehabilitation, repair, maintenance, 
                        stabilization, hazardous material remediation, 
                        structure hardening, provision of handicapped 
                        access, or other similar minor projects that do 
                        not diminish the integrity of a historic 
                        property;
                            ``(iv) a project, activity, or program that 
                        is a survey or work completed to conduct 
                        consultations;
                            ``(v) a project, activity, or program 
                        that--
                                    ``(I) is any alteration to a 
                                historic property that is necessary for 
                                public safety; and
                                    ``(II) does not diminish the 
                                integrity of the historic property;
                            ``(vi) an activity or decision that is non-
                        discretionary and made in accordance with the 
                        statutory authority of the Federal agency;
                            ``(vii) any--
                                    ``(I) 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 
                                permit; or
                                    ``(II) transfer of ownership of a 
                                special use permit;
                            ``(viii) the implementation of, or any act 
                        or omission under, a memorandum of agreement, 
                        programmatic agreement, or other instrument 
                        executed in connection with compliance with 
                        this section, after the date on which a 
                        determination has been made under subsection 
                        (c); or
                            ``(ix) the continuation, operation, 
                        maintenance, or post-approval implementation of 
                        a project, activity, or program after the 
                        determination has been made under subsection 
                        (c), except that a subsequent discrete decision 
                        of a Federal agency to amend or materially 
                        modify a determination made under subsection 
                        (c) is itself an undertaking, to the extent 
                        provided in this section.''; and
            (4) by adding at the end the following:
    ``(c) Consultation.--
            ``(1) 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 
        agency.
            ``(2) Initiation and report.--
                    ``(A) In general.--Not later than 30 days after the 
                date of receipt of a request for review of a proposed 
                project, activity, or program under this section, the 
                applicable Federal official shall determine whether the 
                proposed project, activity, or program is an 
                undertaking subject to the requirements of this 
                section.
                    ``(B) Establishment of area of potential effects 
                and identification and determination of historic 
                properties.--
                            ``(i) In general.--If the applicable 
                        Federal official determines under subparagraph 
                        (A) that the proposed project, activity, or 
                        program is an undertaking, the applicable 
                        Federal official shall establish the area of 
                        potential effects for the undertaking.
                            ``(ii) Identification of historic 
                        properties.--The applicable Federal official 
                        shall identify and determine any historic 
                        properties within the area of potential 
                        effects.
                            ``(iii) Consultation.--For purposes of 
                        establishing the area of potential effects for 
                        the undertaking and identifying and determining 
                        any historic properties under clauses (i) and 
                        (ii), respectively, the applicable Federal 
                        official may consult with any applicable State 
                        Historic Preservation Officers, Tribal Historic 
                        Preservation Officers, Indian tribes, or Native 
                        Hawaiian organizations, local governments, and 
                        project, activity, or program applicants.
                            ``(iv) Incorporation of information.--Upon 
                        a determination made under subparagraph (A), 
                        before establishing the area of potential 
                        effects under clause (i) or identifying and 
                        determining historic properties under clause 
                        (ii), the applicable Federal official shall 
                        seek, discuss, as appropriate, and incorporate, 
                        as applicable, information from each applicable 
                        State Historic Preservation Officer, Tribal 
                        Historic Preservation Officer, Indian tribe, or 
                        Native Hawaiian organization, local government, 
                        and project, activity, or program applicant, if 
                        the information is communicated to the 
                        applicable Federal official not later than 30 
                        days after the date on which the Federal 
                        official submits a request for such 
                        information.
                    ``(C) Program alternative.--If the applicable 
                Federal official determines under subparagraph (A) that 
                the proposed project, activity, or program is an 
                undertaking that is governed by a program alternative 
                authorized under section 800.14 of title 36, Code of 
                Federal Regulations (or successor regulations), 
                including an alternate procedure, programmatic 
                agreement, exempted category, standard treatment, or 
                program comment, the applicable Federal official may 
                follow the applicable program alternative with respect 
                to the undertaking.
                    ``(D) Determination of effects.--
                            ``(i) In general.--If the applicable 
                        Federal official determines that a proposed 
                        project, activity, or program is an undertaking 
                        under subparagraph (A), the applicable Federal 
                        official shall determine whether there are any 
                        adverse effects of the undertaking within the 
                        area of potential effects.
                            ``(ii) No adverse effects.--The applicable 
                        Federal official shall have no further 
                        obligations under this section if the 
                        applicable Federal official determines under 
                        clause (i) that--
                                    ``(I) the proposed project, 
                                activity, or program is an undertaking 
                                for which there are no adverse effects 
                                of the undertaking;
                                    ``(II) the undertaking does not 
                                have the potential to cause adverse 
                                effects of the undertaking; or
                                    ``(III) historic properties are not 
                                present.
                            ``(iii) Report.--If the applicable Federal 
                        official determines under subparagraph (A) that 
                        the proposed project, activity, or program is 
                        an undertaking, for which there will be adverse 
                        effects of the undertaking, as determined under 
                        clause (i), not later than 60 days after the 
                        date of the determination under subparagraph 
                        (A), the applicable Federal official shall 
                        complete and submit for review to the 
                        applicable State Historic Preservation Officer, 
                        Tribal Historic Preservation Officer, Indian 
                        tribe, Native Hawaiian organization, local 
                        government, and project, activity, or program 
                        applicant under this division a report that--
                                    ``(I) identifies whether historic 
                                properties are present within the area 
                                of potential effects; and
                                    ``(II) if historic properties are 
                                present within the area of potential 
                                effects--
                                            ``(aa) identifies the area 
                                        of potential effects for the 
                                        undertaking;
                                            ``(bb) identifies the 
                                        historic properties within the 
                                        area of potential effects;
                                            ``(cc) considers only the 
                                        portion of the property within 
                                        the area of potential effects;
                                            ``(dd) documents the 
                                        adverse effects of the 
                                        undertaking;
                                            ``(ee) identifies prudent 
                                        and feasible measures within 
                                        the area of potential effects 
                                        to avoid, minimize, or mitigate 
                                        the adverse effects of the 
                                        undertaking;
                                            ``(ff) identifies and 
                                        explains any case in which, as 
                                        applicable, the applicable 
                                        Federal official has decided 
                                        not to require such prudent and 
                                        feasible measures because, in 
                                        the sole discretion of the 
                                        applicable Federal official and 
                                        as otherwise allowed by law, 
                                        other considerations outweigh 
                                        the consideration of historic 
                                        preservation as to any or all 
                                        adverse effects of the 
                                        undertaking; and
                                            ``(gg) does not identify 
                                        measures described in item (ee) 
                                        that are not prudent or would 
                                        occur outside the area of 
                                        potential effects, unless the 
                                        project, activity, or program 
                                        applicant has submitted a 
                                        written request for alternative 
                                        mitigation measures.
            ``(3) Determination.--
                    ``(A) In general.--Not later than 90 days after the 
                date of submission of a report under paragraph 
                (2)(D)(iii), unless a shorter timeline is agreed to by 
                the State Historic Preservation Officer or Tribal 
                Historic Preservation Officer and each applicable 
                Indian tribe, Native Hawaiian organization, and local 
                government, the applicable Federal official, in 
                consultation with the applicable State Historic 
                Preservation Officer and Tribal Historic Preservation 
                Officer, Indian tribe, Native Hawaiian organization, 
                and local government under this division, shall--
                            ``(i) determine, based on the report, 
                        that--
                                    ``(I)(aa) 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 Register; and
                                    ``(bb) the obligations of the 
                                Federal official under this section 
                                shall be satisfied; or
                                    ``(II)(aa) in the sole discretion 
                                of the Federal official and as 
                                otherwise allowed by law, other 
                                considerations outweigh the 
                                consideration of historic preservation 
                                as to any or all adverse effects of the 
                                undertaking; and
                                    ``(bb) the obligations of the 
                                Federal official under this section 
                                shall be satisfied; or
                            ``(ii) reach an agreement with the 
                        applicable State Historic Preservation Officer 
                        and Tribal Historic Preservation Officer, 
                        Indian tribe, Native Hawaiian organization, 
                        local government, and project, activity, or 
                        program applicant that describes how the 
                        adverse effects of the undertaking would be 
                        avoided, minimized, or mitigated.
                    ``(B) No agreement.--
                            ``(i) Consultation period.--If an agreement 
                        is not reached under clause (ii) of 
                        subparagraph (A) within the 90-day period 
                        described in that subparagraph, during the 60-
                        day period beginning immediately after the end 
                        of that 90-day period, there shall be a period 
                        of consultation among the applicable Federal 
                        official, State Historic Preservation Officer 
                        and Tribal Historic Preservation Officer, 
                        Indian tribe, Native Hawaiian organization, and 
                        local government.
                            ``(ii) Formal advisory comments.--
                                    ``(I) Request.--If an agreement is 
                                not reached under clause (i) within the 
                                60-day period described in that clause, 
                                the head of the Federal agency shall 
                                request formal advisory comments from 
                                the Council with respect to the 
                                applicable undertaking.
                                    ``(II) Response.--Not later than 45 
                                days after the date on which the 
                                Council receives a request under 
                                subclause (I), the Council shall submit 
                                to the head of the Federal agency the 
                                formal advisory comments requested.
                                    ``(III) Final determination.--Not 
                                later than 30 days after the date on 
                                which the head of the Federal agency 
                                receives the formal advisory comments 
                                from the Council under subclause (II), 
                                the head of the Federal agency (or an 
                                agency official delegated by the head 
                                of the Federal agency) shall make a 
                                final determination on the undertaking 
                                that demonstrates how the formal 
                                advisory comments were considered.
                                    ``(IV) Satisfaction of 
                                obligations.--Effective on the date on 
                                which a final determination is made 
                                under subclause (III), the obligations 
                                of the applicable Federal agency under 
                                this section shall be satisfied.
                    ``(C) Multiple determinations.--If an undertaking 
                involves multiple corridors or large land areas, the 
                applicable Federal official may issue multiple 
                determinations under subparagraph (A) in a phased 
                process.
            ``(4) Lead federal agency.--
                    ``(A) In general.--If more than 1 Federal agency 
                has jurisdiction over a project, activity, or program 
                that is determined to be an undertaking, the 1 or more 
                applicable Federal agencies shall designate a lead 
                Federal agency to comply with the requirements of this 
                subsection.
                    ``(B) Presumption.--If a lead Federal agency has 
                been designated for purposes of complying with the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.), 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 subsection.
                    ``(C) Written request; designation by secretary.--
                If the 1 or more applicable Federal agencies do not 
                designate a lead Federal agency under subparagraph (A) 
                by the date that is 15 days after the date on which the 
                applicable Federal agencies receive notice of a 
                proposed undertaking--
                            ``(i) in the case of an undertaking 
                        initiated by an applicant, the applicant may 
                        submit to the Secretary a written request for 
                        the Secretary to designate a lead Federal 
                        agency; or
                            ``(ii) in the case of an undertaking 
                        initiated by the Federal Government, the 
                        Secretary shall designate a lead Federal 
                        agency.
                    ``(D) 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 project, activity, or program subject to 
                the programmatic agreement.
            ``(5) Timelines for consultation.--
                    ``(A) Initiation.--If a project, activity, or 
                program requires the preparation of an environmental 
                document under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.), any consultation with 
                respect to the project, activity, or program required 
                for purposes of this subsection shall initiate not 
                later than the date of initiation of the environmental 
                review.
                    ``(B) Completion.--
                            ``(i) In general.--The consultation process 
                        initiated under subparagraph (A) shall be 
                        completed not later than the date on which the 
                        applicable environmental document under section 
                        107(g) of the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4336a(g)) is completed with 
                        respect to the undertaking, unless the 
                        Secretary approves an extension of the deadline 
                        due to extraordinary circumstances beyond the 
                        control, and not due to any actions, of the 
                        consulting parties.
                            ``(ii) Failure to complete by deadline.--If 
                        the consultation process initiated under 
                        subparagraph (A) is not complete by the later 
                        of the deadline established under clause (i) or 
                        the date extended under that clause, the 
                        consultation requirement for purposes of this 
                        subsection, each State Historic Preservation 
                        Officer, Tribal Historic Preservation Officer, 
                        and employee within Senior Executive Service 
                        (as defined in section 2101a of title 5) that 
                        has supervisory authority over personnel in a 
                        relevant agency that has a substantive role or 
                        responsibility in the consultation, shall spend 
                        not less than 50 percent of the workweek, as 
                        determined pursuant to title 5 or other 
                        applicable law, to remedy the failure.
                            ``(iii) Causes of action.--
                                    ``(I) Right to petition.--A 
                                project, activity, or program applicant 
                                may obtain judicial review of the 
                                compliance by a Federal agency with the 
                                deadline established under clause (i) 
                                by filing a complaint with a court of 
                                competent jurisdiction in which a 
                                substantial part of the applicable 
                                proposed project, activity, or program 
                                is situated.
                                    ``(II) Remedy.--If a court of 
                                competent jurisdiction under this 
                                clause finds that a Federal agency has 
                                failed to act in accordance with this 
                                subsection, the court shall provide 
                                injunctive relief, as appropriate, to 
                                give effect to this subsection and 
                                retain jurisdiction to ensure 
                                compliance with any such relief.
                                    ``(III) Expedited procedures; time 
                                to decide.--The reviewing court under 
                                this clause shall--
                                            ``(aa) establish an 
                                        expedited schedule for briefing 
                                        and disposition; and
                                            ``(bb) issue a decision as 
                                        expeditiously as practicable.
                    ``(C) Participation of state historic preservation 
                officer or tribal historic preservation officer.--
                            ``(i) In general.--If the State Historic 
                        Preservation Officer, Tribal Historic 
                        Preservation Officer, Indian tribe, Native 
                        Hawaiian organization, or local government 
                        fails to respond within 30 days of receipt of a 
                        request for review of any report or finding by 
                        the applicable Federal official, the applicable 
                        Federal official shall proceed to the 
                        determination under paragraph (3)(A).
                            ``(ii) Subsequent involvement.--If a State 
                        Historic Preservation Officer, Tribal Historic 
                        Preservation Officer, Indian tribe, Native 
                        Hawaiian organization, or local government that 
                        fails to respond by the deadline described in 
                        clause (i) re-enters the consultation process 
                        required for purposes of this subsection, the 
                        applicable Federal official--
                                    ``(I) shall not be required to 
                                reconsider any previous report or 
                                finding; and
                                    ``(II) may consult with the Council 
                                in lieu of the State Historic 
                                Preservation Officer, Tribal Historic 
                                Preservation Officer, Indian tribe, 
                                Native Hawaiian organization, or local 
                                government.
                            ``(iii) No substantive objections.--If the 
                        State Historic Preservation Officer, Tribal 
                        Historic Preservation Officer, Indian tribe, 
                        Native Hawaiian organization, local government, 
                        or Council, as applicable, has entered the 
                        consultation process required for purposes of 
                        this subsection, but does not provide any 
                        substantive objections by the date that is 30 
                        days after the date of receipt of a report or 
                        finding, the applicable Federal official shall 
                        proceed to the determination under paragraph 
                        (3)(A).
                            ``(iv) Substantive objections.--If the 
                        State Historic Preservation Officer, Tribal 
                        Historic Preservation Officer, Indian tribe, 
                        Native Hawaiian organization, local government, 
                        or Council, as applicable, 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 
                        (aa) through (ff) of paragraph (2)(D)(iii)(II) 
                        by the date that is 30 days after the date of 
                        receipt of the report, not later than 30 days 
                        after the date of receipt of the objections, 
                        the applicable Federal official--
                                    ``(I) shall provide a response 
                                explaining how the Federal agency has 
                                considered the substantive objections 
                                in the report; and
                                    ``(II) may provide a supplemental 
                                report.
                            ``(v) Fulfillment of consulting 
                        obligations.--On the provision of a response 
                        under clause (iv)(I), the obligation of the 
                        applicable Federal official to consult for 
                        purposes of this subsection shall be considered 
                        to be fulfilled with respect to the report.
                            ``(vi) Agreement.--If a State Historic 
                        Preservation Officer, Tribal Historic 
                        Preservation Officer, Indian tribe, Native 
                        Hawaiian organization, or local government 
                        fails to respond to an agreement under this 
                        subparagraph, the applicable Federal official 
                        may enter into the agreement with the Council 
                        in lieu of the State Historic Preservation 
                        Officer, Tribal Historic Preservation Officer, 
                        Indian tribe, Native Hawaiian organization, or 
                        local government.
            ``(6) Coordination with nepa.--For any undertaking subject 
        to the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.), 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 (2)(D)(iii) if the applicable Federal 
        official--
                    ``(A) has notified each applicable State Historic 
                Preservation Officer or Tribal Historic Preservation 
                Officer, Indian tribe, Native Hawaiian organization, 
                local government, and the Council of the intent to use 
                the environmental document for that purpose; and
                    ``(B) determines that the draft environmental 
                document includes each of the components required to be 
                in the report under paragraph (2)(D)(iii).
            ``(7) Programmatic agreements.--
                    ``(A) By federal agency.--The head of any Federal 
                agency shall, in consultation with the Council, develop 
                and implement programmatic agreements to govern 
                categories of undertakings that are--
                            ``(i) determined to normally have no 
                        adverse effects of the undertaking;
                            ``(ii) similar and repetitive in nature; or
                            ``(iii) routine management activities 
                        undertaken at Federal installations, 
                        facilities, or other land management units.
                    ``(B) By state and tribal historic preservation 
                officers.--
                            ``(i) 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--
                                    ``(I) determined to normally have 
                                no adverse effects of the undertaking; 
                                or
                                    ``(II) similar and repetitive in 
                                nature.
                            ``(ii) 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 
                        undertakings, the programmatic agreement of the 
                        State Historic Preservation Officer or Tribal 
                        Historic Preservation Officer shall be applied 
                        to the applicable category of undertakings.
            ``(8) Qualified historic preservation officers.--The 
        Secretary shall collaborate with Tribal Historic Preservation 
        Officers, tribal leaders, and relevant nonprofit organizations 
        to develop standard requirements for Tribal Historic 
        Preservation Officers that reflects the traditional knowledge, 
        expertise, and access to traditional cultural leaders required 
        for a successful tribal historic preservation program.
            ``(9) Judicial review.--
                    ``(A) Definition of agency action.--In this 
                paragraph, the term `agency action' has the meaning 
                given the term in section 551 of title 5.
                    ``(B) Role of the court.--In reviewing a claim of 
                whether an undertaking complies with the requirements 
                of this division, a court--
                            ``(i) shall afford substantial deference to 
                        the agency; and
                            ``(ii) may not substitute the judgment of 
                        the court for the judgment of the agency.
                    ``(C) Remedy.--
                            ``(i) In general.--Except as provided in 
                        clause (ii) and notwithstanding any other 
                        provision of law, if a court determines that an 
                        agency action does not comply with the 
                        requirements of this division, the only remedy 
                        the court may order is to remand, without 
                        vacatur or issuance of an injunction, the 
                        applicable agency action to the Federal agency 
                        with--
                                    ``(I) specific instructions to 
                                correct errors or deficiencies found by 
                                the court; and
                                    ``(II) a reasonable schedule and 
                                deadline for the agency to act on 
                                remand, which shall not exceed 180 days 
                                after the date on which the order of 
                                the court was entered.
                            ``(ii) Preliminary injunctions.--
                                    ``(I) In general.--Notwithstanding 
                                clause (i) and subject to subclause 
                                (II), a court may issue a preliminary 
                                injunction for the applicable agency 
                                action when--
                                            ``(aa) there is a 
                                        substantial likelihood the 
                                        agency action violates a 
                                        Federal law (other than this 
                                        division or the National 
                                        Environmental Policy Act of 
                                        1969 (42 U.S.C. 4321 et seq.));
                                            ``(bb) necessary to prevent 
                                        irreparable harm to the 
                                        plaintiff;
                                            ``(cc) the balance of 
                                        equities favors the plaintiff; 
                                        and
                                            ``(dd) a preliminary 
                                        injunction is in the public 
                                        interest.
                                    ``(II) Requirements.--The effective 
                                period of a preliminary injunction 
                                issued by a court under subclause (I) 
                                shall be not longer than the time the 
                                court finds is reasonably necessary--
                                            ``(aa) for the correction 
                                        of the violation described in 
                                        subclause (I)(aa); and
                                            ``(bb) to prevent the 
                                        irreparable harm described in 
                                        subclause (I)(bb).
                    ``(D) Limitations on claims.--
                            ``(i) In general.--Notwithstanding chapter 
                        7 of title 5, a claim described in subparagraph 
                        (B) shall be barred unless--
                                    ``(I) except in a case in which a 
                                shorter deadline is specified under 
                                Federal law, the claim is filed not 
                                later than 150 days after the later 
                                of--
                                            ``(aa) the date on which 
                                        the final agency action is made 
                                        public; and
                                            ``(bb) the applicable State 
                                        Historic Preservation Officer 
                                        or Tribal Historic Preservation 
                                        Officer is notified of the 
                                        final agency action;
                                    ``(II) the claim is filed by a 
                                party that has suffered or imminently 
                                will suffer direct harm from the agency 
                                action; and
                                    ``(III) in the case of an agency 
                                action for which there was a public 
                                comment period with respect to the 
                                agency action, the claim--
                                            ``(aa) is filed by a party 
                                        that submitted a substantive 
                                        and unique comment--

                                                    ``(AA) during the 
                                                public comment period 
                                                by the noticed comment 
                                                deadline; and

                                                    ``(BB) that was 
                                                sufficiently detailed 
                                                to put the applicable 
                                                Federal agency on 
                                                notice of the issue for 
                                                which the party seeks 
                                                review; and

                                            ``(bb) concerns the same 
                                        subject matter raised in the 
                                        comment submitted during the 
                                        public comment period.
                            ``(ii) Application.--The requirements of 
                        subclauses (II) and (III) of clause (i) shall 
                        not apply with respect to a claim in which a 
                        State Historic Preservation Officer, Tribal 
                        Historic Preservation Officer, Indian tribe, 
                        Native Hawaiian organization, or local 
                        government has provided detailed notice in 
                        writing during the consultation process that--
                                    ``(I) puts the applicable Federal 
                                agency on notice of the agency action; 
                                and
                                    ``(II) sufficiently identifies any 
                                issues relating to that agency action 
                                for which the party seeks review under 
                                this paragraph.
                            ``(iii) Supplemental findings documents.--
                                    ``(I) In general.--If an agency 
                                issues a supplemental findings document 
                                in response to a court order remanding 
                                an agency action, the deadline 
                                described in clause (i)(I) shall be the 
                                date on which the agency makes public 
                                the supplemental findings document.
                                    ``(II) Limitation.--A claim for 
                                review of an agency action described in 
                                subparagraph (B) shall be limited to 
                                information contained in the final 
                                supplemental findings document that was 
                                not contained in a previous findings 
                                document.
                    ``(E) Procedural matters for claims.--
                            ``(i) Original jurisdiction.--Except with 
                        respect to a claim brought under paragraph 
                        (5)(B)(iii), 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 (B).
                            ``(ii) 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 appeals.
                            ``(iii) Random assignment of cases.--To the 
                        maximum extent practicable, a court of appeals 
                        of the United States shall randomly assign 
                        judges appointed, designated, or assigned to 
                        sit as judges of the court to hear claims in a 
                        manner to avoid the appearance of favoritism or 
                        bias.
                            ``(iv) 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 (B) as expeditiously as possible.
            ``(10) Challenges to programmatic agreements.--
                    ``(A) 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 
                agreement.
                    ``(B) 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 (A).
    ``(d) No Post-Deadline Requirement for Reinitiation.--The 
identification of a property for, nomination of a property to, 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 delay, reopen, 
supplement, or otherwise modify the review or consultation process 
under this section.''.
    (d) Conforming Amendment.--Section 306114 of title 54, United 
States Code, is amended by striking the second sentence.

SEC. 2302. FUNDING FOR THE HISTORIC PRESERVATION FUND; USE AND 
              AVAILABILITY; GRANTS FOR TRIBAL HISTORIC PRESERVATION 
              OFFICERS; ADDITIONAL FUNDING.

    (a) Funding for Historic Preservation Fund.--Section 303102 of 
title 54, United States Code, is amended to read as follows:
``Sec. 303102. Funding
    ``There is authorized to be appropriated for deposit in the 
Historic Preservation Fund $200,000,000 for each of fiscal years 2027 
through 2036.''.
    (b) Use and Availability.--Section 303103 of title 54, United 
States Code, is amended to read as follows:

``SEC. 303103. USE AND AVAILABILITY.

    ``Any amounts deposited in the Historic Preservation Fund under 
section 303102 for fiscal year 2027 and each fiscal year thereafter 
shall be made available for expenditure for fiscal year 2028 and each 
fiscal year thereafter, without further appropriation or fiscal year 
limitation, to carry out this division (including programs made 
available from the Historic Preservation Fund).''.
    (c) Grants for Tribal Historic Preservation Officers.--Section 
302703 of title 54, United States Code, is amended--
            (1) by striking ``In consultation'' and inserting the 
        following:
    ``(a) In General.--In consultation''; and
            (2) by adding at the end the following:
    ``(b) Grant Program for Tribal Historic Preservation Officers.--
            ``(1) 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--
                    ``(A) all records relating to the assumption by the 
                applicable Indian tribe of the functions of the State 
                Historic Preservation Officer under section 302702, 
                including all determinations, findings, or agreements, 
                and all supporting documentation; and
                    ``(B) a comprehensive list of properties of 
                traditional religious or cultural importance (as 
                defined in section 302706(a)(1)) to the Indian tribe.
            ``(2) 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 (1) may be 
        accessed by relevant Federal officials and State Historic 
        Preservation Officers to conduct consultation under section 
        306108.
            ``(3) Limitation.--Nothing in this section requires a 
        recipient of a grant under this subsection to disclose 
        information to the public about the location, character, or 
        ownership of a historic property or property of traditional 
        cultural or religious importance if the disclosure of the 
        information may--
                    ``(A) cause significant harm or risk to the 
                integrity of the property; or
                    ``(B) in the case of a property of traditional 
                cultural or religious importance, impede the use of the 
                property by practitioners.
            ``(4) Review.--Not later than 90 days after the end of the 
        fiscal year in which funds from a grant are provided to a 
        Tribal Historic Preservation Officer under this subsection, the 
        applicable Tribal Historic Preservation Officer shall submit to 
        the Secretary a report that describes--
                    ``(A) the use of the funds; and
                    ``(B) the status of the development of the online 
                database using the grant funds.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection $20,000,000 for each of fiscal years 2027 through 
        2030.''.
                                 <all>