SenateS. 5653119th Congress
Bipartisan American Affordability and Jobs Act of 2026
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[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.''.
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