II 

118TH CONGRESS 

2D SESSION S. 4753 

To reform leasing, permitting, and judicial review for certain energy and 

minerals projects, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2024 

Mr. MANCHIN (for himself and Mr. BARRASSO) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To reform leasing, permitting, and judicial review for certain 

energy and minerals projects, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Energy Permitting Reform Act of 2024’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ACCELERATING CLAIMS 

Sec. 101. Accelerating claims. 


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TITLE II—FEDERAL ONSHORE ENERGY LEASING AND 

PERMITTING 

Sec. 201. Onshore oil and gas leasing. 

Sec. 202. Term of application for permit to drill. 

Sec. 203. Permitting compliance on non-Federal land. 

Sec. 204. Coal leases on Federal land. 

Sec. 205. Rights-of-way across Indian land. 

Sec. 206. Accelerating renewable energy permitting. 

Sec. 207. Improving renewable energy coordination on Federal land. 

Sec. 208. Geothermal leasing and permitting improvements. 

Sec. 209. Electric grid projects. 

Sec. 210. Hardrock mining mill sites. 

TITLE III—FEDERAL OFFSHORE ENERGY LEASING AND 

PERMITTING 

Sec. 301. Offshore oil and gas leasing. 

Sec. 302. Offshore wind energy. 

TITLE IV—ELECTRIC TRANSMISSION 

Sec. 401. Transmission permitting. 

Sec. 402. Transmission planning. 

TITLE V—ELECTRIC RELIABILITY 

Sec. 501. Reliability assessments. 

TITLE VI—LIQUEFIED NATURAL GAS EXPORTS 

Sec. 601. Action on applications. 

Sec. 602. Supplemental reviews. 

TITLE VII—HYDROPOWER 

Sec. 701. Hydropower license extensions. 

1 TITLE I—ACCELERATING 

2 CLAIMS 

3 SEC. 101. ACCELERATING CLAIMS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) AUTHORIZATION.— 

6 (A) IN GENERAL.—The term ‘‘authoriza7 tion’’ means any license, permit, approval, 

8 order, or other administrative decision that is 

9 required or authorized under Federal law (inVerDate Sep 11 2014 22:23 Aug 20, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4753.IS S4753

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1 cluding regulations) to design, plan, site, con2 struct, reconstruct, or commence operations of 

3 a project. 

4 (B) INCLUSIONS.—The term ‘‘authoriza5 tion’’ includes— 

6 (i) agency approvals of lease sales, 

7 permits, or plans required to explore for, 

8 develop, or produce minerals under— 

9 (I) the Mineral Leasing Act (30 

10 U.S.C. 181 et seq.); 

11 (II) the Act of August 7, 1947 

12 (commonly known as the ‘‘Mineral 

13 Leasing Act for Acquired Lands’’) (30 

14 U.S.C. 351 et seq.); 

15 (III) the Act of July 31, 1947 

16 (commonly known as the ‘‘Materials 

17 Act of 1947’’) (61 Stat. 681, chapter 

18 406; 30 U.S.C. 601 et seq.); 

19 (IV) sections 2319 through 2344 

20 of the Revised Statutes (commonly 

21 known as the ‘‘Mining Law of 1872’’) 

22 (30 U.S.C. 22 et seq.); 

23 (V) the Outer Continental Shelf 

24 Lands Act (43 U.S.C. 1331 et seq.); 

25 or 


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1 (VI) the Geothermal Steam Act 

2 of 1970 (30 U.S.C. 1001 et seq.); and 

3 (ii) statements or permits for a 

4 project under sections 7 and 10 of the En5 dangered Species Act of 1973 (16 U.S.C. 

6 1536, 1539). 

7 (2) ENVIRONMENTAL DOCUMENT.—The term 

8 ‘‘environmental document’’ includes any of the fol9 lowing, as prepared under the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.): 

11 (A) An environmental assessment. 

12 (B) A finding of no significant impact. 

13 (C) An environmental impact statement. 

14 (D) A record of decision. 

15 (3) PROJECT.—The term ‘‘project’’ means a 

16 project— 

17 (A) proposed for the construction of infra18 structure— 

19 (i) to develop, produce, generate, 

20 store, transport, or distribute energy; 

21 (ii) to capture, remove, transport, or 

22 store carbon dioxide; or 

23 (iii) to mine, extract, beneficiate, or 

24 process minerals; and 

25 (B) subject to the requirements that— 


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1 (i) an environmental document be pre2 pared; and 

3 (ii) the applicable agency issue an au4 thorization of the activity. 

5 (4) PROJECT SPONSOR.—The term ‘‘project 

6 sponsor’’ means an entity, including any private, 

7 public, or public-private entity, seeking an authoriza8 tion for a project. 

9 (b) STATUTE OF LIMITATIONS.—Notwithstanding 

10 any other provision of law, a civil action arising under 

11 Federal law seeking judicial review of a final agency action 

12 granting or denying an authorization shall be barred un13 less the civil action is filed by the date that is 150 days 

14 after the date on which the authorization was granted or 

15 denied, unless a shorter time is specified in the Federal 

16 law pursuant to which judicial review is allowed. 

17 (c) EXPEDITED REVIEW.—A reviewing court shall set 

18 for expedited consideration any civil action arising under 

19 Federal law seeking judicial review of a final agency action 

20 granting or denying an authorization. 

21 (d) REMANDED ACTIONS.— 

22 (1) IN GENERAL.—If the reviewing court re23 mands a final Federal agency action granting or de24 nying an authorization to the Federal agency for 

25 further proceedings, whether on a motion by the 


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1 court, the agency, or another party, the court shall 

2 set a reasonable schedule and deadline for the agen3 cy to act on remand, which shall not exceed 180 

4 days from the date on which the order of the court 

5 was issued, unless a longer time period is necessary 

6 to comply with applicable law. 

7 (2) EXPEDITED TREATMENT OF REMANDED AC8 TIONS.—The head of the Federal agency to which a 

9 court remands a final Federal agency action under 

10 paragraph (1) shall take such actions as may be nec11 essary to provide for the expeditious disposition of 

12 the action on remand in accordance with the sched13 ule and deadline set by the court under that para14 graph. 

15 (e) TREATMENT OF SUPPLEMENTAL OR REVISED

16 ENVIRONMENTAL DOCUMENTS.—For the purpose of sub17 section (b), the preparation of a supplemental or revised 

18 environmental document, when required, shall be consid19 ered to be a separate final agency action. 

20 (f) NOTICE.—Not later than 30 days after the date 

21 on which an agency is served a copy of a petition for re22 view or a complaint in a civil action described in sub23 section (b), the head of the agency shall notify the project 

24 sponsor of the filing of the petition or complaint. 


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1 TITLE II—FEDERAL ONSHORE 

2 ENERGY LEASING AND PER3 MITTING 

4 SEC. 201. ONSHORE OIL AND GAS LEASING. 

5 (a) LIMITATION ON ISSUANCE OF CERTAIN LEASES

6 OR RIGHTS-OF-WAY.—Section 50265(b)(1)(B) of Public 

7 Law 117–169 (43 U.S.C. 3006(b)(1)(B)) is amended, in 

8 the matter preceding clause (i), by inserting ‘‘for which 

9 expressions of interest have been submitted that have 

10 been’’ after ‘‘sum of total acres’’. 

11 (b) MINERAL LEASING ACT REFORMS.— 

12 (1) EXPRESSIONS OF INTEREST FOR OIL AND

13 GAS LEASING.—Section 17(b) of the Mineral Leas14 ing Act (30 U.S.C. 226(b)) is amended by adding at 

15 the end the following: 

16 ‘‘(3) SUBDIVISION.— 

17 ‘‘(A) IN GENERAL.—A parcel of land in18 cluded in an expression of interest that the Sec19 retary of the Interior offers for lease shall be 

20 leased as nominated and not subdivided into 

21 multiple parcels unless the Secretary of the In22 terior determines that a subpart of the sub23 mitted parcel is not open to oil or gas leasing 

24 under the approved resource management plan. 


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1 ‘‘(B) REQUIRED REVIEWS.—Nothing in 

2 this paragraph affects the obligations of the 

3 Secretary of the Interior to complete require4 ments and reviews established by other provi5 sions of law before leasing a parcel of land. 

6 ‘‘(4) RESOURCE MANAGEMENT PLANS.— 

7 ‘‘(A) LEASE TERMS AND CONDITIONS.—A 

8 lease issued under this section shall be subject 

9 to the terms and conditions of the approved re10 source management plan. 

11 ‘‘(B) EFFECT OF LEASING DECISION.— 

12 Notwithstanding section 1506.1 of title 40, 

13 Code of Federal Regulations (as in effect on the 

14 date of enactment of this paragraph), the Sec15 retary may conduct a lease sale under an ap16 proved resource management plan while amend17 ments to the approved plan are under consider18 ation.’’. 

19 (2) REFUND OF EXPRESSION OF INTEREST

20 FEE.—Section 17(q) of the Mineral Leasing Act (30 

21 U.S.C. 226(q)) is amended— 

22 (A) by striking ‘‘Secretary’’ each place it 

23 appears and inserting ‘‘Secretary of the Inte24 rior’’; 


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1 (B) in paragraph (1), by striking ‘‘non2 refundable’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(3) REFUND FOR NONWINNING BID.—If a per5 son other than the person who submitted the expres6 sion of interest is the highest responsible qualified 

7 bidder for a parcel of land covered by the applicable 

8 expression of interest in a lease sale conducted 

9 under this section— 

10 ‘‘(A) as a condition of the issuance of the 

11 lease, the person who is the highest responsible 

12 qualified bidder shall pay to the Secretary of 

13 the Interior an amount equal to the applicable 

14 fee paid by the person who submitted the ex15 pression of interest; and 

16 ‘‘(B) not later than 60 days after the date 

17 of the lease sale, the Secretary of the Interior 

18 shall refund to the person who submitted the 

19 expression of interest an amount equal to the 

20 amount of the initial fee paid. 

21 ‘‘(4) REFUNDABILITY.—Except as provided in 

22 paragraph (3)(B), the fee assessed under paragraph 

23 (1) shall be nonrefundable.’’. 


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1 SEC. 202. TERM OF APPLICATION FOR PERMIT TO DRILL. 

2 Section 17(p) of the Mineral Leasing Act (30 U.S.C. 

3 226(p)) is amended by adding at the end the following: 

4 ‘‘(4) TERM.— 

5 ‘‘(A) IN GENERAL.—A permit to drill ap6 proved under this subsection shall be valid for 

7 a single non-renewable 4-year period beginning 

8 on the date of the approval. 

9 ‘‘(B) RETROACTIVITY.—In addition to all 

10 approved applications for permits to drill sub11 mitted on or after the date of enactment of this 

12 paragraph, subparagraph (A) shall apply to— 

13 ‘‘(i) all permits approved during the 

14 2-year period preceding the date of enact15 ment of this paragraph; and 

16 ‘‘(ii) all pending applications for per17 mit to drill submitted prior to the date of 

18 enactment of this paragraph.’’. 

19 SEC. 203. PERMITTING COMPLIANCE ON NON-FEDERAL 

20 LAND. 

21 (a) IN GENERAL.—Notwithstanding the Mineral 

22 Leasing Act (30 U.S.C. 181 et seq.), the Federal Oil and 

23 Gas Royalty Management Act of 1982 (30 U.S.C. 1701 

24 et seq.), or subpart 3162 of part 3160 of title 43, Code 

25 of Federal Regulations (or successor regulations), but sub26 ject to any applicable State or Tribal requirements and 


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1 subsection (c), the Secretary of the Interior shall not re2 quire a permit to drill for an oil and gas lease under the 

3 Mineral Leasing Act (30 U.S.C. 181 et seq.) for an action 

4 occurring within an oil and gas drilling or spacing unit 

5 if— 

6 (1) the Federal Government— 

7 (A) owns less than 50 percent of the min8 erals within the oil and gas drilling or spacing 

9 unit; and 

10 (B) does not own or lease the surface es11 tate within the area directly impacted by the 

12 action; 

13 (2) the well is located on non-Federal land over14 lying a non-Federal mineral estate, but some portion 

15 of the wellbore enters and produces from the Fed16 eral mineral estate subject to the lease; or 

17 (3) the well is located on non-Federal land over18 lying a non-Federal mineral estate, but some portion 

19 of the wellbore traverses but does not produce from 

20 the Federal mineral estate subject to the lease. 

21 (b) NOTIFICATION.—For each State permit to drill 

22 or drilling plan that would impact or extract oil and gas 

23 owned by the Federal Government— 

24 (1) each lessee of Federal minerals in the unit, 

25 or designee of a lessee, shall— 


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1 (A) notify the Secretary of the Interior of 

2 the submission of a State application for a per3 mit to drill or drilling plan on submission of the 

4 application; and 

5 (B) provide a copy of the application de6 scribed in subparagraph (A) to the Secretary of 

7 the Interior not later than 5 days after the date 

8 on which the permit or plan is submitted; 

9 (2) each lessee, designee of a lessee, or applica10 ble State shall notify the Secretary of the Interior of 

11 the approved State permit to drill or drilling plan 

12 not later than 45 days after the date on which the 

13 permit or plan is approved; and 

14 (3) each lessee or designee of a lessee shall pro15 vide, prior to commencing drilling operations, agree16 ments authorizing the Secretary of the Interior to 

17 enter non-Federal land, as necessary, for inspection 

18 and enforcement of the terms of the Federal lease. 

19 (c) NONAPPLICABILITY TO INDIAN LANDS.—Sub20 section (a) shall not apply to Indian lands (as defined in 

21 section 3 of the Federal Oil and Gas Royalty Management 

22 Act of 1982 (30 U.S.C. 1702)). 

23 (d) EFFECT.—Nothing in this section affects— 


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1 (1) other authorities of the Secretary of the In2 terior under the Federal Oil and Gas Royalty Man3 agement Act of 1982 (30 U.S.C. 1701 et seq.); or 

4 (2) the amount of royalties due to the Federal 

5 Government from the production of the Federal min6 erals within the oil and gas drilling or spacing unit. 

7 (e) AUTHORITY ON NON-FEDERAL LAND.—Section 

8 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)) is 

9 amended— 

10 (1) by striking the subsection designation and 

11 all that follows through ‘‘Secretary of the Interior, 

12 or’’ in the first sentence and inserting the following: 

13 ‘‘(g)(1) The Secretary of the Interior, or’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(2)(A) In the case of an oil and gas lease under this 

16 Act on land described in subparagraph (B) located within 

17 an oil and gas drilling or spacing unit, nothing in this Act 

18 authorizes the Secretary of the Interior— 

19 ‘‘(i) to require a bond to protect non-Federal 

20 land; 

21 ‘‘(ii) to enter non-Federal land without the con22 sent of the applicable landowner; 

23 ‘‘(iii) to impose mitigation requirements; or 

24 ‘‘(iv) to require approval for surface reclama25 tion. 


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1 ‘‘(B) Land referred to in subparagraph (A) is land 

2 where— 

3 ‘‘(i) the Federal Government— 

4 ‘‘(I) owns less than 50 percent of the min5 erals within the oil and gas drilling or spacing 

6 unit; and 

7 ‘‘(II) does not own or lease the surface es8 tate within the area directly impacted by the 

9 action; 

10 ‘‘(ii) the well is located on non-Federal land 

11 overlying a non-Federal mineral estate, but some 

12 portion of the wellbore enters and produces from the 

13 Federal mineral estate subject to the lease; or 

14 ‘‘(iii) the well is located on non-Federal land 

15 overlying a non-Federal mineral estate, but some 

16 portion of the wellbore traverses but does not 

17 produce from the Federal mineral estate subject to 

18 the lease.’’. 

19 SEC. 204. COAL LEASES ON FEDERAL LAND. 

20 (a) DEADLINES.— 

21 (1) IN GENERAL.—Section 2(a) of the Mineral 

22 Leasing Act (30 U.S.C. 201(a)) is amended— 

23 (A) in paragraph (1), in the first sentence, 

24 by striking ‘‘he shall, in his discretion, upon the 

25 request of any qualified applicant or on his own 


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1 motion from time to time’’ and insert ‘‘the Sec2 retary shall, at the discretion of the Secretary 

3 but subject to paragraph (6), on the request of 

4 any qualified applicant or on a motion by the 

5 Secretary’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(6) DEADLINES.— 

8 ‘‘(A) APPLICANT MOTION.—Not later than 

9 90 days after the date on which a request of a 

10 qualified applicant is received for a lease sale 

11 under paragraph (1), or for a lease modification 

12 under section 3, the Secretary of the Interior 

13 shall commence all necessary consultations and 

14 reviews required under Federal law in accord15 ance with that paragraph or section, as applica16 ble. 

17 ‘‘(B) DECISION.—Not later than 90 days 

18 after the completion of an environmental impact 

19 statement or environmental assessment con20 sistent with the requirements of the National 

21 Environmental Policy Act of 1969 (42 U.S.C. 

22 4321 et seq.) for a lease sale under paragraph 

23 (1), or for a lease modification under section 3, 

24 the Secretary of the Interior shall issue a 


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1 record of decision or a finding of no significant 

2 impact for the lease sale or lease modification. 

3 ‘‘(C) FAIR MARKET VALUE.—Not later 

4 than 30 days after the date on which the Sec5 retary of the Interior issues a record of decision 

6 or a finding of no significant impact under sub7 paragraph (B) for a lease sale under paragraph 

8 (1), or for a lease modification under section 3, 

9 the Secretary shall determine the fair market 

10 value of the coal subject to the lease.’’. 

11 (2) LEASE MODIFICATIONS.—Section 3(b) of 

12 the Mineral Leasing Act (30 U.S.C. 203(b)) is 

13 amended by striking ‘‘The Secretary shall prescribe’’ 

14 and inserting ‘‘Subject to section 2(a)(6), the Sec15 retary shall prescribe’’. 

16 (b) CONFORMING AMENDMENTS.—Section 2(a)(1) of 

17 the Mineral Leasing Act (30 U.S.C. 201(a)(1)) is amend18 ed— 

19 (1) in the first sentence— 

20 (A) by striking ‘‘he finds appropriate’’ and 

21 inserting ‘‘the Secretary of the Interior finds 

22 appropriate’’; and 

23 (B) by striking ‘‘he deems appropriate’’ 

24 and inserting ‘‘the Secretary of the Interior de25 termines to be appropriate’’; 


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1 (2) in the sixth sentence, by striking ‘‘Prior to 

2 his determination’’ and inserting ‘‘Prior to a deter3 mination by the Secretary of the Interior’’; 

4 (3) in the seventh sentence— 

5 (A) by striking ‘‘to make public his judg6 ment’’ and inserting ‘‘to make public the judg7 ment of the Secretary of the Interior’’; and 

8 (B) by striking ‘‘comments he receives’’ 

9 and inserting ‘‘comments received by the Sec10 retary of the Interior’’; and 

11 (4) in the eighth sentence, by striking ‘‘He is 

12 hereby authorized’’ and inserting ‘‘The Secretary of 

13 the Interior is authorized’’. 

14 (c) TECHNICAL CORRECTION.—Section 2(b)(3) of the 

15 Mineral Leasing Act (30 U.S.C. 201(b)(3)) is amended, 

16 in the first sentence, by striking ‘‘geophyscal’’ and insert17 ing ‘‘geophysical’’. 

18 SEC. 205. RIGHTS-OF-WAY ACROSS INDIAN LAND. 

19 The first section of the Act of February 5, 1948 (62 

20 Stat. 17, chapter 45; 25 U.S.C. 323), is amended by add21 ing at the end the following: ‘‘Any right-of-way granted 

22 by an Indian tribe for the purposes authorized under this 

23 section shall not require the approval of the Secretary of 

24 the Interior, on the condition that the right-of-way ap25 proval process by the Indian tribe substantially complies 


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1 with subsection (h) of the first section of the Act of Au2 gust 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 

3 415(h)) or the Indian tribe has approved regulations 

4 under paragraph (1) of that subsection.’’. 

5 SEC. 206. ACCELERATING RENEWABLE ENERGY PERMIT6 TING. 

7 (a) DEADLINE FOR CONSIDERATION OF APPLICA8 TIONS FOR RIGHTS-OF-WAY.— 

9 (1) COMPLETENESS OF REVIEW.— 

10 (A) IN GENERAL.—Not later than 30 days 

11 after the date on which the Secretary of the In12 terior or the Secretary of Agriculture, as appli13 cable, receives an application for a right-of-way 

14 under section 501 of the Federal Land Policy 

15 and Management Act of 1976 (43 U.S.C. 1761) 

16 for an eligible project (as defined in section 

17 3101 of the Energy Act of 2020 (43 U.S.C. 

18 3001)), the applicable Secretary shall— 

19 (i) notify the applicant that the appli20 cation is complete; or 

21 (ii) notify the applicant that informa22 tion is missing from the application and 

23 specify any information that is required to 

24 be submitted for the application to be com25 plete. 


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1 (B) ENVIRONMENTAL IMPACT STATE2 MENT.—For an eligible project (as defined in 

3 section 3101 of the Energy Act of 2020 (43 

4 U.S.C. 3001)) that requires an environmental 

5 impact statement for an application submitted 

6 under subparagraph (A), the Secretary of the 

7 Interior or the Secretary of Agriculture, as ap8 plicable, shall issue a notice of intent not later 

9 than 90 days after the date on which the appli10 cable Secretary determines that an application 

11 is complete under subparagraph (A). 

12 (2) COST RECOVERY AND ISSUANCE OR DEFER13 RAL.— 

14 (A) IN GENERAL.—Not later than 30 days 

15 after the date on which an applicant submits a 

16 complete application for a right-of-way under 

17 paragraph (1), the Secretary of the Interior or 

18 the Secretary of Agriculture, as applicable, 

19 shall, if a cost recovery agreement is required 

20 under section 2804.14 of title 43, Code of Fed21 eral Regulations (or successor regulations), or 

22 section 251.58 of title 36, Code of Federal Reg23 ulations (or successor regulations), issue a cost 

24 recovery agreement. 


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1 (B) DECISION.—Not later than 30 days 

2 after the date on which an applicant submits a 

3 complete application for a right-of-way under 

4 paragraph (1), the Secretary of the Interior or 

5 the Secretary of Agriculture, as applicable, 

6 shall— 

7 (i) grant or deny the application, if 

8 the requirements under the National Envi9 ronmental Policy Act of 1969 (42 U.S.C. 

10 4321 et seq.) and any other applicable law 

11 have been completed; or 

12 (ii) defer the decision on the applica13 tion and provide to the applicant notice— 

14 (I) that specifies steps that the 

15 applicant can take for the decision on 

16 the application to be issued; and 

17 (II) of a list of actions that need 

18 to be taken by the agency in order to 

19 comply with applicable law, and 

20 timelines and deadlines for completing 

21 those actions. 

22 (b) LOW DISTURBANCE ACTIVITIES FOR RENEW23 ABLE ENERGY PROJECTS.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of enactment of this Act, to facilitate 


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1 timely permitting of eligible projects (as defined in 

2 section 3101 of the Energy Act of 2020 (43 U.S.C. 

3 3001)), the Secretary of the Interior and the Sec4 retary of Agriculture shall each promulgate regula5 tions for the use of 1 or more categorical exclusions 

6 under the National Environmental Policy Act of 

7 1969 (42 U.S.C. 4321 et seq.) for low disturbance 

8 activities necessary for renewable energy projects. 

9 (2) ACTIVITIES DESCRIBED.—Low disturbance 

10 activities referred to in paragraph (1) are the fol11 lowing: 

12 (A) Individual surface disturbances of less 

13 than 5 acres that have undergone site-specific 

14 analysis in a document prepared pursuant to 

15 the National Environmental Policy Act of 1969 

16 (42 U.S.C. 4321 et seq.) that has been pre17 viously completed. 

18 (B) Activities at a location at which the 

19 same type of activity has previously occurred 

20 within 5 years prior to the date of commence21 ment of the activity. 

22 (C) Activities on previously disturbed or 

23 developed (as defined in section 1021.410(g)(1) 

24 of title 10, Code of Federal Regulations (or suc25 cessor regulations)) land for which an approved 


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1 land use plan or any environmental document 

2 prepared pursuant to the National Environ3 mental Policy Act of 1969 (42 U.S.C. 4321 et 

4 seq.) analyzed such activity as reasonably fore5 seeable, so long as such plan or document was 

6 approved within 5 years prior to the date of the 

7 activity. 

8 (D) The installation, modification, oper9 ation, or decommissioning of commercially 

10 available energy systems located on a building 

11 or other structure (such as a rooftop, parking 

12 lot, or facility, or mounted to signage, lighting, 

13 gates, or fences). 

14 (E) Maintenance of a minor activity, other 

15 than any construction or major renovation, or a 

16 building or facility. 

17 (F) Preliminary geotechnical investiga18 tions. 

19 (G) The installation and removal of tem20 porary meteorological stations. 

21 SEC. 207. IMPROVING RENEWABLE ENERGY COORDINA22 TION ON FEDERAL LAND. 

23 (a) NATIONAL GOAL FOR RENEWABLE ENERGY PRO24 DUCTION ON FEDERAL LAND.— 


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1 (1) GOAL.—Not later than 180 days after the 

2 date of enactment of this Act, in accordance with 

3 section 3104 of the Energy Act of 2020 (43 U.S.C. 

4 3004), the Secretary of the Interior, in consultation 

5 with the Secretary of Agriculture and other heads of 

6 relevant Federal agencies, shall establish a target 

7 date for the authorization of not less than 50 

8 gigawatts of renewable energy production on Federal 

9 land by not later than 2030. 

10 (2) PERIODIC GOAL REVISION.—Section 3104 

11 of the Energy Act of 2020 (43 U.S.C. 3004) is 

12 amended— 

13 (A) in subsection (a), by inserting ‘‘and pe14 riodically revise’’ after ‘‘establish’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(c) PERMITTING.—Subject to the limitations de17 scribed in section 50265(b)(1) of Public Law 117–169 (43 

18 U.S.C. 3006(b)(1)), the Secretary shall, in consultation 

19 with the heads of relevant Federal agencies, seek to issue 

20 permits that authorize, in total, sufficient electricity from 

21 eligible projects to meet or exceed the national goals estab22 lished and revised under this section.’’. 

23 (b) DEFINITION OF ELIGIBLE PROJECT.—Paragraph 

24 (4) of section 3101 of the Energy Act of 2020 (43 U.S.C. 


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1 3001) is amended by inserting ‘‘or store’’ after ‘‘gen2 erate’’. 

3 (c) RENEWABLE ENERGY PROJECT REVIEW STAND4 ARDS.—Section 3102 of the Energy Act of 2020 (43 

5 U.S.C. 3002) is amended— 

6 (1) in subsection (a), in the second sentence, by 

7 inserting ‘‘sufficient to achieve goals for renewable 

8 energy production on Federal land established under 

9 section 3104’’ before the period at the end; 

10 (2) by redesignating subsection (f) as sub11 section (h); and 

12 (3) by inserting after subsection (e) the fol13 lowing: 

14 ‘‘(f) RENEWABLE ENERGY PROJECT REVIEW STAND15 ARDS.—Not later than 2 years after the date of enactment 

16 of the Energy Permitting Reform Act of 2024, for the pur17 pose of encouraging standardized reviews and facilitating 

18 the permitting of eligible projects, the National Renewable 

19 Energy Coordination Office of the Bureau of Land Man20 agement shall promulgate renewable energy project review 

21 standards to be adopted by regional renewable energy co22 ordination offices. 

23 ‘‘(g) CLARIFICATION OF EXISTING AUTHORITY.— 

24 Under section 307 of the Federal Land Policy and Man25 agement Act of 1976 (43 U.S.C. 1737), the Secretary may 


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1 accept donations from renewable energy companies to im2 prove community engagement for the permitting of energy 

3 projects.’’. 

4 (d) SAVINGS CLAUSE.—Nothing in this section, or an 

5 amendment made by this section, modifies the limitations 

6 described in section 50265(b)(1) of Public Law 117–169 

7 (43 U.S.C. 3006(b)(1)). 

8 SEC. 208. GEOTHERMAL LEASING AND PERMITTING IM9 PROVEMENTS. 

10 (a) PRELIMINARY GEOTHERMAL ACTIVITIES.—Not 

11 later than 180 days after the date of enactment of this 

12 Act, the Secretary of the Interior and the Secretary of Ag13 riculture shall each promulgate regulations for the use of 

14 1 or more categorical exclusions under the National Envi15 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

16 for individual disturbances of less than 10 acres for activi17 ties required to test, monitor, calibrate, explore, or confirm 

18 geothermal resources, provided those activities do not in19 volve— 

20 (1) the commercial production of geothermal re21 sources; 

22 (2) the use of geothermal resources for com23 mercial operations; or 

24 (3) construction of permanent roads. 


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1 (b) ANNUAL LEASING.—Section 4(b) of the Geo2 thermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amend3 ed— 

4 (1) in paragraph (2), by striking ‘‘every 2 

5 years’’ and inserting ‘‘per year’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(5) REPLACEMENT SALES.—If a lease sale 

8 under this section for a year is cancelled or delayed, 

9 the Secretary shall conduct a replacement sale not 

10 later than 180 days after the date of the cancellation 

11 or delay, as applicable, and the replacement sale 

12 may not be cancelled or delayed.’’. 

13 (c) DEADLINES FOR CONSIDERATION OF GEO14 THERMAL DRILLING PERMITS.—Section 4 of the Geo15 thermal Steam Act of 1970 (30 U.S.C. 1003) is amended 

16 by adding at the end the following: 

17 ‘‘(h) DEADLINES FOR CONSIDERATION OF GEO18 THERMAL DRILLING PERMITS.— 

19 ‘‘(1) IN GENERAL.—Not later than 10 days 

20 after the date on which the Secretary receives an ap21 plication for any geothermal drilling permit, the Sec22 retary shall— 

23 ‘‘(A) provide written notice to the appli24 cant that the application is complete; or 


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1 ‘‘(B) notify the applicant that information 

2 is missing from the application and specify any 

3 information that is required to be submitted for 

4 the application to be complete. 

5 ‘‘(2) DECISION.—Not later than 30 days after 

6 the date on which an applicant submits a complete 

7 application for a geothermal drilling permit under 

8 paragraph (1), the Secretary shall— 

9 ‘‘(A) grant or deny the application, if the 

10 requirements under the National Environmental 

11 Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

12 and any other applicable law have been com13 pleted; or 

14 ‘‘(B) defer the decision on the application 

15 and provide to the applicant notice— 

16 ‘‘(i) that specifies steps that the appli17 cant can take for the decision on the appli18 cation to be issued; and 

19 ‘‘(ii) of a list of actions that need to 

20 be taken by the agency in order to comply 

21 with applicable law, and timelines and 

22 deadlines for completing those actions.’’. 

23 (d) COST RECOVERY AUTHORITY.—Section 24 of the 

24 Geothermal Steam Act of 1970 (30 U.S.C. 1023) is 

25 amended— 


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1 (1) by striking the section designation and all 

2 that follows through ‘‘The Secretary’’ and inserting 

3 the following: 

4 ‘‘SEC. 24. RULES AND REGULATIONS. 

5 ‘‘The Secretary’’; and 

6 (2) by adding at the end the following: ‘‘The 

7 Secretary shall, not later than 180 days after the 

8 date of enactment of the Energy Permitting Reform 

9 Act of 2024, promulgate rules for cost recovery, to 

10 be paid by permit applicants or lessees, to facilitate 

11 the timely coordination and processing of leases, per12 mits, and authorizations and to reimburse the Sec13 retary for all reasonable administrative costs in14 curred from the inspection and monitoring of activi15 ties thereunder.’’. 

16 (e) FEDERAL PERMITTING PROCESS.—Not later 

17 than 1 year after the date of enactment of this Act, the 

18 Secretary of the Interior shall promulgate regulations and 

19 establish a Federal permitting process to allow for simul20 taneous, concurrent consideration of multiple phases of a 

21 geothermal project, including— 

22 (1) surface exploration; 

23 (2) geophysical exploration; 

24 (3) drilling; and 

25 (4) power plant construction. 


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1 (f) GEOTHERMAL PRODUCTION PARITY.—Section 

2 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) 

3 is amended— 

4 (1) in subsection (a)— 

5 (A) by striking ‘‘(NEPA)’’ and inserting 

6 ‘‘(42 U.S.C. 4321 et seq.) (referred to in this 

7 section as ‘NEPA’)’’; 

8 (B) by inserting ‘‘(30 U.S.C. 181 et seq.)’’ 

9 after ‘‘Mineral Leasing Act’’; and 

10 (C) by inserting ‘‘, or the Geothermal 

11 Steam Act of 1970 (30 U.S.C. 1001 et seq.) for 

12 the purpose of exploration or development of 

13 geothermal resources’’ before the period at the 

14 end; and 

15 (2) in subsection (b)— 

16 (A) in paragraph (2), by striking ‘‘oil or 

17 gas’’ and inserting ‘‘oil, gas, or geothermal re18 sources’’; and 

19 (B) in paragraph (3), by striking ‘‘oil or 

20 gas’’ and inserting ‘‘oil, gas, or geothermal re21 sources’’. 

22 (g) GEOTHERMAL OMBUDSMAN.— 

23 (1) IN GENERAL.—Not later than 60 days after 

24 the date of enactment of this Act, the Secretary of 


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1 the Interior shall appoint within the Bureau of Land 

2 Management a Geothermal Ombudsman. 

3 (2) DUTIES.—The Geothermal Ombudsman ap4 pointed under paragraph (1) shall— 

5 (A) act as a liaison between the individual 

6 field offices of the Bureau of Land Manage7 ment and the Director of the Bureau of Land 

8 Management; 

9 (B) provide dispute resolution services be10 tween the individual field offices of the Bureau 

11 of Land Management and applicants for geo12 thermal resource permits; 

13 (C) monitor and facilitate permit proc14 essing practices and timelines across individual 

15 field offices of the Bureau of Land Manage16 ment; 

17 (D) develop best practices for the permit18 ting and leasing process for geothermal re19 sources; and 

20 (E) coordinate with the Federal Permitting 

21 Improvement Steering Council. 

22 (3) REPORT.—The Geothermal Ombudsman 

23 shall submit to the Committee on Energy and Nat24 ural Resources of the Senate and the Committee on 

25 Natural Resources of the House of Representatives 


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1 an annual report that describes the activities of the 

2 Geothermal Ombudsman and evaluates the effective3 ness of geothermal permit processing during the pre4 ceding 1-year period. 

5 SEC. 209. ELECTRIC GRID PROJECTS. 

6 (a) DEFINITION OF PREVIOUSLY DISTURBED OR DE7 VELOPED.—In this section, the term ‘‘previously disturbed 

8 or developed’’ has the meaning given the term in section 

9 1021.410(g)(1) of title 10, Code of Federal Regulations 

10 (or successor regulations). 

11 (b) RULEMAKING.—Not later than 180 days after the 

12 date of enactment of this Act, to facilitate timely permit13 ting, the Secretary of the Interior and the Secretary of 

14 Agriculture shall each promulgate regulations for the use 

15 of 1 or more categorical exclusions under the National En16 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

17 for the following activities: 

18 (1) Placement of an electric transmission or 

19 distribution facility in an approved right-of-way cor20 ridor, if the corridor was approved during the 5-year 

21 period ending on the date of placement of the facil22 ity. 

23 (2) Any repair, maintenance, replacement, up24 grade, modification, optimization, or minor reloca25 tion of, or addition to, an existing electric transVerDate Sep 11 2014 22:23 Aug 20, 2024 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4753.IS S4753

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1 mission or distribution facility or associated infra2 structure within an existing right-of-way or on oth3 erwise previously disturbed or developed land, in4 cluding reconductoring and installation of grid-en5 hancing technologies. 

6 (3) Construction, operation, upgrade, or decom7 missioning of a battery or other energy storage tech8 nology on previously disturbed or developed land. 

9 SEC. 210. HARDROCK MINING MILL SITES. 

10 (a) MULTIPLE MILL SITES.—Section 2337 of the Re11 vised Statutes (30 U.S.C. 42) is amended by adding at 

12 the end the following: 

13 ‘‘(c) ADDITIONAL MILL SITES.— 

14 ‘‘(1) DEFINITIONS.—In this subsection: 

15 ‘‘(A) MILL SITE.—The term ‘mill site’ 

16 means a location of public land that is reason17 ably necessary for waste rock or tailings dis18 posal or other operations reasonably incident to 

19 mineral development on, or production from 

20 land included in a plan of operations. 

21 ‘‘(B) OPERATIONS; OPERATOR.—The 

22 terms ‘operations’ and ‘operator’ have the 

23 meanings given those terms in section 3809.5 

24 of title 43, Code of Federal Regulations (as in 


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1 effect on the date of enactment of this sub2 section). 

3 ‘‘(C) PLAN OF OPERATIONS.—The term 

4 ‘plan of operations’ means a plan of operations 

5 that an operator must submit and the Secretary 

6 of the Interior or the Secretary of Agriculture, 

7 as applicable, must approve before an operator 

8 may begin operations, in accordance with, as 

9 applicable— 

10 ‘‘(i) subpart 3809 of title 43, Code of 

11 Federal Regulations (or successor regula12 tions establishing application and approval 

13 requirements); and 

14 ‘‘(ii) part 228 of title 36, Code of 

15 Federal Regulations (or successor regula16 tions establishing application and approval 

17 requirements). 

18 ‘‘(D) PUBLIC LAND.—The term ‘public 

19 land’ means land owned by the United States 

20 that is open to location under sections 2319 

21 through 2344 of the Revised Statutes (30 

22 U.S.C. 22 et seq.), including— 

23 ‘‘(i) land that is mineral-in-character 

24 (as defined in section 3830.5 of title 43, 

25 Code of Federal Regulations (as in effect 


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1 on the date of enactment of this sub2 section)); 

3 ‘‘(ii) nonmineral land (as defined in 

4 section 3830.5 of title 43, Code of Federal 

5 Regulations (as in effect on the date of en6 actment of this subsection)); and 

7 ‘‘(iii) land where the mineral char8 acter has not been determined. 

9 ‘‘(2) IN GENERAL.—Notwithstanding sub10 sections (a) and (b), where public land is needed by 

11 the proprietor of a lode or placer claim for oper12 ations in connection with any lode or placer claim 

13 within the proposed plan of operations, the propri14 etor may— 

15 ‘‘(A) locate and include within the plan of 

16 operations as many mill site claims under this 

17 subsection as are reasonably necessary for its 

18 operations; and 

19 ‘‘(B) use or occupy public land in accord20 ance with an approved plan of operations. 

21 ‘‘(3) MILL SITES CONVEY NO MINERAL

22 RIGHTS.—A mill site under this subsection does not 

23 convey mineral rights to the locator. 


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1 ‘‘(4) SIZE OF MILL SITES.—A location of a sin2 gle mill site under this subsection shall not exceed 

3 5 acres. 

4 ‘‘(5) MILL SITE AND LODE OR PLACER CLAIMS

5 ON SAME TRACTS OF PUBLIC LAND.—A mill site 

6 may be located under this subsection on a tract of 

7 public land on which the claimant or operator main8 tains a previously located lode or placer claim. 

9 ‘‘(6) EFFECT ON MINING CLAIMS.—The loca10 tion of a mill site under this subsection shall not af11 fect the validity of any lode or placer claim, or any 

12 rights associated with such a claim. 

13 ‘‘(7) PATENTING.—A mill site under this sec14 tion shall not be eligible for patenting. 

15 ‘‘(8) SAVINGS PROVISIONS.—Nothing in this 

16 subsection— 

17 ‘‘(A) diminishes any right (including a 

18 right of entry, use, or occupancy) of a claimant; 

19 ‘‘(B) creates or increases any right (includ20 ing a right of exploration, entry, use, or occu21 pancy) of a claimant on land that is not open 

22 to location under the general mining laws; 

23 ‘‘(C) modifies any provision of law or any 

24 prior administrative action withdrawing land 

25 from location or entry; 


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1 ‘‘(D) limits the right of the Federal Gov2 ernment to regulate mining and mining-related 

3 activities (including requiring claim validity ex4 aminations to establish the discovery of a valu5 able mineral deposit) in areas withdrawn from 

6 mining, including under— 

7 ‘‘(i) the general mining laws; 

8 ‘‘(ii) the Federal Land Policy and 

9 Management Act of 1976 (43 U.S.C. 1701 

10 et seq.); 

11 ‘‘(iii) the Wilderness Act (16 U.S.C. 

12 1131 et seq.); 

13 ‘‘(iv) sections 100731 through 100737 

14 of title 54, United States Code; 

15 ‘‘(v) the Endangered Species Act of 

16 1973 (16 U.S.C. 1531 et seq.); 

17 ‘‘(vi) division A of subtitle III of title 

18 54, United States Code (commonly re19 ferred to as the ‘National Historic Preser20 vation Act’); or 

21 ‘‘(vii) section 4 of the Act of July 23, 

22 1955 (commonly known as the ‘Surface 

23 Resources Act of 1955’) (69 Stat. 368, 

24 chapter 375; 30 U.S.C. 612); 


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1 ‘‘(E) restores any right (including a right 

2 of entry, use, or occupancy, or right to conduct 

3 operations) of a claimant that— 

4 ‘‘(i) existed prior to the date on which 

5 the land was closed to, or withdrawn from, 

6 location under the general mining laws; 

7 and 

8 ‘‘(ii) that has been extinguished by 

9 such closure or withdrawal; or 

10 ‘‘(F) modifies section 404 of division E of 

11 the Consolidated Appropriations Act, 2024 

12 (Public Law 118–42).’’. 

13 (b) ABANDONED HARDROCK MINE FUND.— 

14 (1) ESTABLISHMENT.—There is established in 

15 the Treasury of the United States a separate ac16 count, to be known as the ‘‘Abandoned Hardrock 

17 Mine Fund’’ (referred to in this subsection as the 

18 ‘‘Fund’’). 

19 (2) SOURCE OF DEPOSITS.—Any amounts col20 lected by the Secretary of the Interior pursuant to 

21 the claim maintenance fee under section 10101(a)(1) 

22 of the Omnibus Budget Reconciliation Act of 1993 

23 (30 U.S.C. 28f(a)(1)) on mill sites located under 

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1 utes (30 U.S.C. 42) shall be deposited into the 

2 Fund. 

3 (3) USE.—The Secretary of the Interior may 

4 make expenditures from amounts available in the 

5 Fund, without further appropriations, only to carry 

6 out section 40704 of the Infrastructure Investment 

7 and Jobs Act (30 U.S.C. 1245). 

8 (4) ALLOCATION OF FUNDS.—Amounts made 

9 available under paragraph (3)— 

10 (A) shall be allocated in accordance with 

11 section 40704(e)(1) of the Infrastructure In12 vestment and Jobs Act (30 U.S.C. 1245(e)(1)); 

13 and 

14 (B) may be transferred in accordance with 

15 section 40704(e)(2) of that Act (30 U.S.C. 

16 1245(e)(2)). 

17 (c) CLERICAL AMENDMENTS.—Section 10101 of the 

18 Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 

19 28f) is amended— 

20 (1) by striking ‘‘the Mining Law of 1872 (30 

21 U.S.C. 28–28e)’’ each place it appears and inserting 

22 ‘‘sections 2319 through 2344 of the Revised Stat23 utes (30 U.S.C. 22 et seq.)’’; 

24 (2) in subsection (a)— 

25 (A) in paragraph (1)— 


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1 (i) in the second sentence, by striking 

2 ‘‘Such claim maintenance fee’’ and insert3 ing the following: 

4 ‘‘(B) FEE.—The claim maintenance fee 

5 under subparagraph (A)’’; and 

6 (ii) in the first sentence, by striking 

7 ‘‘The holder of’’ and inserting the fol8 lowing: 

9 ‘‘(A) IN GENERAL.—The holder of’’; and 

10 (B) in paragraph (2)— 

11 (i) in the second sentence, by striking 

12 ‘‘Such claim maintenance fee’’ and insert13 ing the following: 

14 ‘‘(B) FEE.—The claim maintenance fee 

15 under subparagraph (A)’’; and 

16 (ii) in the first sentence, by striking 

17 ‘‘The holder of’’ and inserting the fol18 lowing: 

19 ‘‘(A) IN GENERAL.—The holder of’’; and 

20 (3) in subsection (b)— 

21 (A) in the second sentence, by striking 

22 ‘‘The location fee’’ and inserting the following: 

23 ‘‘(2) FEE.—The location fee’’; and 


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1 (B) in the first sentence, by striking ‘‘The 

2 claim main tenance fee’’ and inserting the fol3 lowing: 

4 ‘‘(1) IN GENERAL.—The claim maintenance 

5 fee’’. 

6 TITLE III—FEDERAL OFFSHORE 

7 ENERGY LEASING AND PER8 MITTING 

9 SEC. 301. OFFSHORE OIL AND GAS LEASING. 

10 (a) REQUIREMENT.—Notwithstanding the 2024– 

11 2029 National Outer Continental Shelf Oil and Gas Leas12 ing Program (and any successor leasing program that does 

13 not satisfy the requirements of this section), the Secretary 

14 of the Interior (referred to in this title as the ‘‘Secretary’’) 

15 shall conduct not less than 1 oil and gas lease sale in each 

16 of calendar years 2025 through 2029, each of which shall 

17 be conducted not later than August 31 of the applicable 

18 calendar year. 

19 (b) TERMS AND CONDITIONS.—The Secretary 

20 shall— 

21 (1) conduct offshore oil and gas lease sales of 

22 sufficient acreage to meet the conditions described in 

23 section 50265(b)(2) of Public Law 117–169 (43 

24 U.S.C. 3006(b)(2)); 


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1 (2) with respect to an oil and gas lease sale 

2 conducted under subsection (a), offer the same lease 

3 form, lease terms, economic conditions, and stipula4 tions as contained in the revised final notice of sale 

5 entitled ‘‘Gulf of Mexico Outer Continental Shelf Oil 

6 and Gas Lease Sale 261’’ (88 Fed. Reg. 80750 (No7 vember 20, 2023)); and 

8 (3) if any acceptable bids have been received for 

9 any tract offered in an oil and gas lease sale con10 ducted under subsection (a), issue such leases not 

11 later than 90 days after the lease sale to the highest 

12 bids on the tracts offered, subject to the procedures 

13 described in the Bureau of Ocean Energy Manage14 ment document entitled ‘‘Summary of Procedures 

15 for Determining Bid Adequacy at Offshore Oil and 

16 Gas Lease Sales Effective March 2016, with Central 

17 Gulf of Mexico Sale 241 and Eastern Gulf of Mexico 

18 Sale 226’’. 

19 SEC. 302. OFFSHORE WIND ENERGY. 

20 (a) OFFSHORE WIND LEASE SALE REQUIREMENT.— 

21 Effective on the date of enactment of this Act, the Sec22 retary shall— 

23 (1) subject to the limitations described in sec24 tion 50265(b)(2) of Public Law 117–169 (43 U.S.C. 

25 3006(b)(2)), conduct not less than 1 offshore wind 


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1 lease sale in each of calendar years 2025 through 

2 2029, each of which shall be conducted not later 

3 than August 31 of the applicable calendar year; and 

4 (2) if any acceptable bids have been received for 

5 a tract offered in the lease sale, as determined by 

6 the Secretary, issue such leases not later than 90 

7 days after the lease sale to the highest bidder on the 

8 offered tract. 

9 (b) AREA OFFERED FOR LEASING.— 

10 (1) TOTAL ACRES FOR LEASE.—Subject to 

11 paragraph (2), the Secretary shall offer for offshore 

12 wind leasing a sum total of not less than 400,000 

13 acres per calendar year. 

14 (2) MINIMUM ACREAGE.—An offshore wind 

15 lease issued by the Secretary that is less than 

16 80,000 acres shall not be counted toward the acre17 age requirement under paragraph (1). 

18 (c) PRODUCTION GOAL FOR OFFSHORE WIND EN19 ERGY.— 

20 (1) INITIAL GOAL.—Not later than 180 days 

21 after the date of enactment of this Act, the Sec22 retary shall establish an initial target date for an 

23 offshore wind energy production goal of 30 

24 gigawatts. 


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1 (2) PERIODIC GOAL REVISION.—The Secretary 

2 shall, in consultation with the heads of other rel3 evant Federal agencies, periodically revise national 

4 goals for offshore wind energy production on the 

5 outer Continental Shelf as initially established under 

6 paragraph (1). 

7 (d) OUTER CONTINENTAL SHELF LANDS ACT.—Sec8 tion 8(p) of the Outer Continental Shelf Lands Act (43 

9 U.S.C. 1337(p)) is amended— 

10 (1) by striking paragraph (10) and inserting 

11 the following: 

12 ‘‘(10) APPLICABILITY.— 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 subparagraph (B), this subsection does not 

15 apply to any area on the outer Continental 

16 Shelf within the exterior boundaries of any unit 

17 of the National Park System, the National 

18 Wildlife Refuge System, the National Marine 

19 Sanctuary System, or any National Monument. 

20 ‘‘(B) EXCEPTION.—Notwithstanding sub21 paragraph (A), the Secretary, in consultation 

22 with the Secretary of Commerce under section 

23 304(d) of the National Marine Sanctuaries Act 

24 (16 U.S.C. 1434(d)), may grant rights-of-way 

25 on the outer Continental Shelf within units of 


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1 the National Marine Sanctuary System for the 

2 transmission of electricity generated by or pro3 duced from renewable energy.’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(11) DURATION OF PERMITS IN MARINE SANC6 TUARIES.—Notwithstanding section 310(c)(2) of the 

7 National Marine Sanctuaries Act (16 U.S.C. 

8 1441(c)(2)), any permit or authorization granted 

9 under that Act that authorizes the installation, oper10 ation, or maintenance of electric transmission cables 

11 on a right-of-way granted by the Secretary described 

12 in paragraph (10)(B) shall be issued for a term 

13 equal to the duration of the right-of-way granted by 

14 the Secretary.’’. 

15 (e) SAVINGS CLAUSE.—Nothing in this section, or an 

16 amendment made by this section, modifies the limitations 

17 described in section 50265(b)(2) of Public Law 117–169 

18 (43 U.S.C. 3006(b)(2)). 

19 TITLE IV—ELECTRIC 

20 TRANSMISSION 

21 SEC. 401. TRANSMISSION PERMITTING. 

22 (a) DEFINITIONS.—Section 216 of the Federal Power 

23 Act (16 U.S.C. 824p) is amended by striking subsection 

24 (a) and inserting the following: 

25 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) COMMISSION.—The term ‘Commission’ 

2 means the Federal Energy Regulatory Commission. 

3 ‘‘(2) IMPROVED RELIABILITY.—The term ‘im4 proved reliability’ has the meaning given the term in 

5 section 225(a). 

6 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

7 the Secretary of Energy. 

8 ‘‘(4) TRANSMISSION PLANNING REGION.—The 

9 term ‘transmission planning region’ has the meaning 

10 given the term in section 225(a).’’. 

11 (b) CONSTRUCTION PERMIT.—Section 216(b) of the 

12 Federal Power Act (16 U.S.C. 824p(b)) is amended— 

13 (1) in the matter preceding paragraph (1), by 

14 striking ‘‘Except’’ and all that follows through 

15 ‘‘finds that’’ and inserting ‘‘Except as provided in 

16 subsections (d)(1) and (i), the Commission may, 

17 after notice and an opportunity for hearing, issue 

18 one or more permits for the construction or modi19 fication of electric transmission facilities necessary 

20 in the national interest if the Commission finds 

21 that’’; 

22 (2) in paragraph (1)— 

23 (A) in subparagraph (A)(i), by inserting 

24 ‘‘or modification’’ after ‘‘siting’’; and 

25 (B) in subparagraph (C)— 


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1 (i) in the matter preceding clause (i), 

2 by inserting ‘‘or modification’’ after 

3 ‘‘siting’’; and 

4 (ii) in clause (i), by striking ‘‘the later 

5 of’’ in the matter preceding subclause (I) 

6 and all that follows through the semicolon 

7 at the end of subclause (II) and inserting 

8 ‘‘the date on which the application was 

9 filed with the State commission or other 

10 entity;’’; and 

11 (3) by striking paragraphs (2) through (6) and 

12 inserting the following: 

13 ‘‘(2) the proposed facilities will be used for the 

14 transmission of electric energy in interstate (includ15 ing transmission from the outer Continental Shelf to 

16 a State) or foreign commerce; 

17 ‘‘(3) the proposed construction or modification 

18 is consistent with the public interest; 

19 ‘‘(4) the proposed construction or modification 

20 will significantly reduce transmission congestion in 

21 interstate commerce, protect or benefit consumers, 

22 and provide improved reliability; 

23 ‘‘(5) the proposed construction or modification 

24 is consistent with sound national energy policy and 

25 will enhance energy independence; 


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1 ‘‘(6) the electric transmission facilities are ca2 pable of transmitting electric energy at a voltage of 

3 not less than 100 kilovolts or, in the case of facilities 

4 that include advanced transmission conductors (in5 cluding superconductors), as defined by the Commis6 sion, voltages determined to be appropriate by the 

7 Commission; and 

8 ‘‘(7) the proposed modification (including 

9 reconductoring) will maximize, to the extent reason10 able and economical, the transmission capabilities of 

11 existing towers, structures, or rights-of-way.’’. 

12 (c) STATE SITING AND CONSULTATION.—Section 

13 216 of the Federal Power Act (16 U.S.C. 824p) is amend14 ed by striking subsection (d) and inserting the following: 

15 ‘‘(d) STATE SITING AND CONSULTATION.— 

16 ‘‘(1) PRESERVATION OF STATE SITING AUTHOR17 ITY.—The Commission shall have no authority to 

18 issue a permit under subsection (b) for the construc19 tion or modification of an electric transmission facil20 ity within a State except as provided in paragraph 

21 (1) of that subsection. 

22 ‘‘(2) CONSULTATION.—In any proceeding be23 fore the Commission under subsection (b), the Com24 mission shall afford each State in which a trans25 mission facility covered by the permit is or will be 


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1 located, each affected Federal agency and Indian 

2 Tribe, private property owners, and other interested 

3 persons, a reasonable opportunity to present their 

4 views and recommendations with respect to the need 

5 for and impact of a facility covered by the permit.’’. 

6 (d) RIGHTS-OF-WAY.—Section 216(e)(3) of the Fed7 eral Power Act (16 U.S.C. 824p(e)(3)) is amended by 

8 striking ‘‘shall conform’’ and all that follows through the 

9 period at the end and inserting ‘‘shall be in accordance 

10 with rule 71.1 of the Federal Rules of Civil Procedure.’’. 

11 (e) COST ALLOCATION.— 

12 (1) IN GENERAL.—Section 216 of the Federal 

13 Power Act (16 U.S.C. 824p) is amended by striking 

14 subsection (f) and inserting the following: 

15 ‘‘(f) COST ALLOCATION.— 

16 ‘‘(1) TRANSMISSION TARIFFS.—For the pur17 poses of this section, any transmitting utility that 

18 owns, controls, or operates electric transmission fa19 cilities that the Commission finds to be consistent 

20 with the findings under paragraphs (2) through (6) 

21 and, if applicable, (7) of subsection (b) shall file a 

22 tariff or tariff revision with the Commission pursu23 ant to section 205 and the regulations of the Com24 mission allocating the costs of the new or modified 

25 transmission facilities. 


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1 ‘‘(2) TRANSMISSION BENEFITS.—The Commis2 sion shall require that tariffs or tariff revisions filed 

3 under this subsection are just and reasonable and al4 locate the costs of providing service to customers 

5 that benefit, in accordance with the cost-causation 

6 principle, including through— 

7 ‘‘(A) improved reliability; 

8 ‘‘(B) reduced congestion; 

9 ‘‘(C) reduced power losses; 

10 ‘‘(D) greater carrying capacity; 

11 ‘‘(E) reduced operating reserve require12 ments; and 

13 ‘‘(F) improved access to lower cost genera14 tion that achieves reductions in the cost of de15 livered power. 

16 ‘‘(3) RATEPAYER PROTECTION.—Customers 

17 that receive no benefit, or benefits that are trivial in 

18 relation to the costs sought to be allocated, from 

19 electric transmission facilities constructed or modi20 fied under this section shall not be involuntarily allo21 cated any of the costs of those transmission facili22 ties.’’. 

23 (2) SAVINGS PROVISION.—If the Federal En24 ergy Regulatory Commission finds that the consider25 ations under paragraphs (2) through (6) and, if apVerDate Sep 11 2014 22:23 Aug 20, 2024 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S4753.IS S4753

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1 plicable, (7) of subsection (b) of section 216 of the 

2 Federal Power Act (16 U.S.C. 824p) (as amended 

3 by subsection (b)) are met, nothing in this section 

4 or the amendments made by this section shall be 

5 construed to exclude transmission facilities located 

6 on the outer Continental Shelf from being eligible 

7 for cost allocation established under subsection 

8 (f)(1) of that section (as amended by paragraph 

9 (1)). 

10 (f) COORDINATION OF FEDERAL AUTHORIZATIONS

11 FOR TRANSMISSION FACILITIES.—Section 216(h) of the 

12 Federal Power Act (16 U.S.C. 824p(h)) is amended— 

13 (1) in paragraph (2), by striking the period at 

14 the end and inserting the following: ‘‘, except that— 

15 ‘‘(A) the Commission shall act as the lead agen16 cy in the case of facilities permitted under sub17 section (b) and section 225; and 

18 ‘‘(B) the Department of the Interior shall act 

19 as the lead agency in the case of facilities located on 

20 a lease, easement, or right-of-way granted by the 

21 Secretary of the Interior under section 8(p)(1)(C) of 

22 the Outer Continental Shelf Lands Act (43 U.S.C. 

23 1337(p)(1)(C)).’’; 

24 (2) in each of paragraphs (3), (4)(B), (4)(C), 

25 (5)(B), (6)(A), (7)(A), (7)(B)(i), (8)(A)(i), and (9), 


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1 by striking ‘‘Secretary’’ each place it appears and in2 serting ‘‘lead agency’’; 

3 (3) in paragraph (4)(A), by striking ‘‘As head 

4 of the lead agency, the Secretary’’ and inserting 

5 ‘‘The lead agency’’; 

6 (4) in paragraph (5)(A), by striking ‘‘As lead 

7 agency head, the Secretary’’ and inserting ‘‘The lead 

8 agency’’; and 

9 (5) in paragraph (7)— 

10 (A) in subparagraph (A), by striking ‘‘18 

11 months after the date of enactment of this sec12 tion’’ and inserting ‘‘18 months after the date 

13 of enactment of the Energy Permitting Reform 

14 Act of 2024’’; and 

15 (B) in subparagraph (B)(i), by striking ‘‘1 

16 year after the date of enactment of this sec17 tion’’ and inserting ‘‘18 months after the date 

18 of enactment of the Energy Permitting Reform 

19 Act of 2024’’. 

20 (g) INTERSTATE COMPACTS.—Section 216(i) of the 

21 Federal Power Act (16 U.S.C. 824p(i)) is amended— 

22 (1) in paragraph (3), by striking ‘‘, including 

23 facilities in national interest electric transmission 

24 corridors’’; and 

25 (2) in paragraph (4)— 


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1 (A) in subparagraph (A), by striking ‘‘; 

2 and’’ and inserting a period; 

3 (B) by striking subparagraph (B); and 

4 (C) by striking ‘‘in disagreement’’ in the 

5 matter preceding subparagraph (A) and all that 

6 follows through ‘‘(A) the’’ in subparagraph (A) 

7 and inserting ‘‘unable to reach an agreement on 

8 an application seeking approval by the’’. 

9 (h) TRANSMISSION INFRASTRUCTURE INVEST10 MENT.—Section 219(b)(4) of the Federal Power Act (16 

11 U.S.C. 824s(b)(4)) is amended— 

12 (1) in subparagraph (A), by striking ‘‘and’’ 

13 after the semicolon at the end; 

14 (2) in subparagraph (B), by striking the period 

15 at the end and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(C) all prudently incurred costs associ18 ated with payments to jurisdictions impacted by 

19 electric transmission facilities developed pursu20 ant to section 216 or 225.’’. 

21 (i) JURISDICTION.—Section 216 of the Federal 

22 Power Act (16 U.S.C. 824p) is amended by striking sub23 section (k) and inserting the following: 

24 ‘‘(k) JURISDICTION.— 


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1 ‘‘(1) ERCOT.—This section shall not apply 

2 within the area referred to in section 212(k)(2)(A). 

3 ‘‘(2) OTHER UTILITIES.—For the purposes of 

4 this section, the Commission shall have jurisdiction 

5 over all transmitting utilities, including transmitting 

6 utilities described in section 201(f), but excluding 

7 any ERCOT utility (as defined in section 

8 212(k)(2)(B)).’’. 

9 (j) CONFORMING AMENDMENTS.— 

10 (1) Section 50151(b) of Public Law 117–169 

11 (42 U.S.C. 18715(b)) is amended by striking ‘‘facili12 ties designated by the Secretary to be necessary in 

13 the national interest under section 216(a) of the 

14 Federal Power Act (16 U.S.C. 824p(a))’’ and insert15 ing ‘‘facilities in a geographic area identified under 

16 section 224 of the Federal Power Act’’. 

17 (2) Section 1222 of the Energy Policy Act of 

18 2005 (42 U.S.C. 16421) is amended— 

19 (A) in subsection (a)(1)(A), by striking ‘‘in 

20 a national interest electric transmission corridor 

21 designated under section 216(a)’’ and inserting 

22 ‘‘in a geographic area identified under section 

23 224’’; and 

24 (B) in subsection (b)(1)(A), by striking ‘‘in 

25 an area designated under section 216(a)’’ and 


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1 inserting ‘‘in a geographic area identified under 

2 section 224’’. 

3 (3) Section 40106(h)(1)(A) of the Infrastruc4 ture Investment and Jobs Act (42 U.S.C. 

5 18713(h)(1)(A)) is amended by striking ‘‘in an area 

6 designated as a national interest electric trans7 mission corridor pursuant to section 216(a) of the 

8 Federal Power Act 16 U.S.C. 824p(a)’’ and insert9 ing ‘‘in a geographic area identified under section 

10 224 of the Federal Power Act’’. 

11 (k) SAVINGS PROVISION.—Nothing in this section or 

12 an amendment made by this section grants authority to 

13 the Federal Energy Regulatory Commission under the 

14 Federal Power Act (16 U.S.C. 791a et seq.) over sales 

15 of electric energy at retail or the local distribution of elec16 tricity. 

17 SEC. 402. TRANSMISSION PLANNING. 

18 (a) IN GENERAL.—Part II of the Federal Power Act 

19 (16 U.S.C. 824 et seq.) is amended by adding at the end 

20 the following: 

21 ‘‘SEC. 224. TRANSMISSION STUDY. 

22 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

23 date of enactment of this section and every 3 years there24 after, the Secretary of Energy (referred to in this section 

25 as the ‘Secretary’), in consultation with affected States 


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1 and Indian Tribes, shall conduct a study of electric trans2 mission capacity constraints and congestion. 

3 ‘‘(b) REPORT.—Not less frequently than once every 

4 3 years, the Secretary, after considering alternatives and 

5 recommendations from interested parties (including an op6 portunity for comment from affected States and Indian 

7 Tribes), shall issue a report, based on the study under 

8 subsection (a) or other information relating to electric 

9 transmission capacity constraints and congestion, which 

10 may identify any geographic area that— 

11 ‘‘(1) is experiencing electric energy transmission 

12 capacity constraints or congestion that adversely af13 fects consumers; or 

14 ‘‘(2) is expected to experience such energy 

15 transmission capacity constraints or congestion. 

16 ‘‘(c) CONSULTATION.—Not less frequently than once 

17 every 3 years, the Secretary, in conducting the study 

18 under subsection (a) and issuing the report under sub19 section (b), shall consult with affected transmission plan20 ning regions (as defined in section 225(a)) and any appro21 priate regional entity referred to in section 215. 

22 ‘‘SEC. 225. PLANNING FOR TRANSMISSION FACILITIES THAT 

23 ENHANCE GRID RELIABILITY, AFFORD24 ABILITY, AND RESILIENCE. 

25 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) COMMISSION.—The term ‘Commission’ 

2 means the Federal Energy Regulatory Commission. 

3 ‘‘(2) ERO.—The term ‘ERO’ has the meaning 

4 given the term in section 215(a). 

5 ‘‘(3) IMPROVED RELIABILITY.—The term ‘im6 proved reliability’ means that, on balance, consid7 ering each of the matters described in subpara8 graphs (A) through (D), reliability is improved in a 

9 material manner that benefits customers through at 

10 least one of the following: 

11 ‘‘(A) facilitating compliance with a manda12 tory standard for reliability approved by the 

13 Commission under section 215; 

14 ‘‘(B) a reduction in expected unserved en15 ergy, loss of load hours, or loss of load prob16 ability (as defined by the ERO); 

17 ‘‘(C) facilitating compliance with a tariff 

18 requirement or process for resource adequacy 

19 on file with the Commission; and 

20 ‘‘(D) any other similar material improve21 ment, including a reduction in correlated outage 

22 risk, such as achieved through increased geo23 graphic or resource diversification. 


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1 ‘‘(4) INTERREGIONAL TRANSMISSION FACIL2 ITY.—The term ‘interregional transmission facility’ 

3 means a transmission facility that— 

4 ‘‘(A) is located within 2 or more neigh5 boring transmission planning regions; or 

6 ‘‘(B) significantly impacts the ability of 1 

7 or more transmission planning regions to trans8 mit electric energy among neighboring trans9 mission planning regions. 

10 ‘‘(5) TRANSMISSION PLANNING REGION.— 

11 ‘‘(A) IN GENERAL.—The term ‘trans12 mission planning region’— 

13 ‘‘(i) when used in a geographical 

14 sense, means a region for which the Com15 mission determines that electric trans16 mission planning is appropriate, such as a 

17 region established in accordance with 

18 Order No. 1000 of the Commission, enti19 tled ‘Transmission Planning and Cost Allo20 cation by Transmission Owning and Oper21 ating Public Utilities’ (76 Fed. Reg. 49842 

22 (August 11, 2011)); and 

23 ‘‘(ii) when used in a corporate sense, 

24 means the Transmission Organization or 

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1 erating electric transmission facilities with2 in a region described in clause (i). 

3 ‘‘(B) EXCLUSION.—The term ‘trans4 mission planning region’ does not include the 

5 Electric Reliability Council of Texas or the re6 gion served by members of the Electric Reli7 ability Council of Texas. 

8 ‘‘(b) JURISDICTION.— 

9 ‘‘(1) ERCOT.—This section shall not apply 

10 within the area referred to in section 212(k)(2)(A). 

11 ‘‘(2) OTHER UTILITIES.—For the purposes of 

12 this section, the Commission shall have jurisdiction 

13 over all transmitting utilities, including transmitting 

14 utilities described in section 201(f), but excluding 

15 any ERCOT utility (as defined in section 

16 212(k)(2)(B)). 

17 ‘‘(c) RULEMAKING REQUIREMENT.—Not later than 

18 180 days after the date of enactment of this section, the 

19 Commission shall, consistent with the requirements of this 

20 section, by rule— 

21 ‘‘(1) require neighboring transmission planning 

22 regions to jointly plan with each other; 

23 ‘‘(2) require each transmission planning region 

24 to submit to the Commission for approval a joint 

25 interregional transmission plan with each of its 


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1 neighboring transmission planning regions, which re2 quirement may, at the discretion of the transmission 

3 planning region, be satisfied through the submission 

4 of— 

5 ‘‘(A) a separate joint interregional trans6 mission plan with each of its neighboring trans7 mission planning regions; or 

8 ‘‘(B) 1 or more joint interregional trans9 mission plans, any of which may be submitted 

10 with any 1 or more of its neighboring trans11 mission planning regions; and 

12 ‘‘(3) establish rate treatments for interregional 

13 transmission planning and cost allocation. 

14 ‘‘(d) PLAN ELEMENTS.—The Commission shall re15 quire, within the rule under subsection (c), that joint 

16 interregional transmission plans contain the following ele17 ments: 

18 ‘‘(1) COMPATIBILITY.—A common set of input 

19 assumptions and models, on a consistent timeline, 

20 that— 

21 ‘‘(A) allow for the joint identification and 

22 selection, by transmission planning regions, of 

23 specific interregional transmission facilities for 

24 construction or modification, including through 

25 the use of advanced transmission conductors 


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1 (including superconductors) and 

2 reconductoring; 

3 ‘‘(B) consider, to the extent reasonable and 

4 economical, modifications that maximize the 

5 transmission capabilities of existing towers, 

6 structures, or rights-of-way; and 

7 ‘‘(C) consider existing transmission plans. 

8 ‘‘(2) TRANSMISSION BENEFITS.—A common set 

9 of benefits for interregional transmission planning 

10 and cost allocation, including— 

11 ‘‘(A) improved reliability; 

12 ‘‘(B) reduced congestion; 

13 ‘‘(C) reduced power losses; 

14 ‘‘(D) greater carrying capacity; 

15 ‘‘(E) reduced operating reserve require16 ments; and 

17 ‘‘(F) improved access to lower cost genera18 tion that achieves reductions in the cost of de19 livered power. 

20 ‘‘(3) SELECTION CRITERIA.—Criteria governing 

21 the selection by transmission planning regions, for 

22 construction or modification, of interregional trans23 mission facilities that— 

24 ‘‘(A) provide improved reliability; 

25 ‘‘(B) protect or benefit consumers; and 


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1 ‘‘(C) are consistent with the public inter2 est. 

3 ‘‘(e) DEADLINE; UPDATES.—The joint interregional 

4 transmission plans required to be submitted to the Com5 mission pursuant to the rule under subsection (c) shall 

6 be— 

7 ‘‘(1) submitted to the Commission not later 

8 than 2 years after the date of enactment of this sec9 tion; and 

10 ‘‘(2) updated not less frequently than once 

11 every 4 years. 

12 ‘‘(f) COMMISSION REVIEW.—The Commission shall— 

13 ‘‘(1) review each joint interregional trans14 mission plan submitted pursuant to the rule under 

15 subsection (c); and 

16 ‘‘(2) approve the joint interregional trans17 mission plan if the Commission finds that the 

18 plan— 

19 ‘‘(A) meets the requirements of subsection 

20 (d); 

21 ‘‘(B) allocates costs in accordance with 

22 subsection (g); 

23 ‘‘(C) ensures that all rates, charges, terms, 

24 and conditions will be just and reasonable and 

25 not unduly discriminatory or preferential; and 


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1 ‘‘(D) is consistent with the public interest. 

2 ‘‘(g) COST ALLOCATION.— 

3 ‘‘(1) TRANSMISSION TARIFFS.—For the pur4 poses of this section, any transmitting utility that 

5 owns, controls, or operates electric transmission fa6 cilities constructed or modified as a result of this 

7 section shall file a tariff or tariff revision with the 

8 Commission pursuant to section 205 and the regula9 tions of the Commission allocating the costs of the 

10 new or modified transmission facilities. 

11 ‘‘(2) REQUIREMENT.—The Commission shall 

12 require that tariffs or tariff revisions filed under this 

13 section are just and reasonable and allocate the 

14 costs of providing service to customers that benefit, 

15 in accordance with the cost-causation principle, in16 cluding through the benefits described in subsection 

17 (d)(2). 

18 ‘‘(3) RATEPAYER PROTECTION.—Customers 

19 that receive no benefit, or benefits that are trivial in 

20 relation to the costs sought to be allocated, from 

21 electric transmission facilities constructed or modi22 fied under this section shall not be involuntarily allo23 cated any of the costs of those transmission facili24 ties. 


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1 ‘‘(h) CONSTRUCTION PERMIT.—For the purposes of 

2 obtaining a construction permit under section 216(b), a 

3 project that is selected by transmission planning regions 

4 pursuant to a joint interregional transmission plan shall 

5 be considered to satisfy paragraphs (2) through (6) and, 

6 if applicable, (7) of that section. 

7 ‘‘(i) DISPUTE RESOLUTION.—In the event of a dis8 pute between transmission planning regions with respect 

9 to a material element of a joint interregional transmission 

10 plan— 

11 ‘‘(1) the transmission planning regions shall 

12 submit to the Commission their respective proposals 

13 for resolving the material element in dispute for res14 olution; and 

15 ‘‘(2) not later than 60 days after the proposals 

16 are submitted under paragraph (1), the Commission 

17 shall issue an order directing a resolution to the dis18 pute. 

19 ‘‘(j) FAILURE TO SUBMIT PLAN.—In the event that 

20 neighboring transmission planning regions fail to submit 

21 to the Commission a joint interregional transmission plan 

22 under this section, the Commission shall, as the Commis23 sion determines to be appropriate— 


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1 ‘‘(1) grant a request to extend the time for sub2 mission of the joint interregional transmission plan; 

3 or 

4 ‘‘(2) require, by order, the transmitting utilities 

5 within the affected transmission planning regions to 

6 comply with a joint interregional transmission plan 

7 approved by the Commission— 

8 ‘‘(A) based on the record of the planning 

9 process conducted by the affected transmission 

10 planning regions; and 

11 ‘‘(B) in accordance with the cost allocation 

12 provisions in subsection (g). 

13 ‘‘(k) NEPA.—For purposes of the National Environ14 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)— 

15 ‘‘(1) any approval of a joint interregional trans16 mission plan under subsection (f) or (j) or order di17 recting resolution of a dispute under subsection (i) 

18 shall not be considered a major Federal action; and 

19 ‘‘(2) any permit granted under section 216(b) 

20 for a project that is selected by transmission plan21 ning regions pursuant to a joint interregional trans22 mission plan shall be considered a major Federal ac23 tion. 

24 ‘‘(l) SAVINGS PROVISION.—Except as expressly pro25 vided in this section, nothing in this section shall be conVerDate Sep 11 2014 22:23 Aug 20, 2024 Jkt 049200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S4753.IS S4753

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1 strued as conferring, limiting, or impairing any authority 

2 of the Commission under any other provision of law.’’. 

3 (b) CONFORMING AMENDMENTS.—Section 201 of the 

4 Federal Power Act (16 U.S.C. 824) is amended— 

5 (1) in subsection (b)(2)— 

6 (A) in the first sentence, by striking ‘‘and 

7 222’’ and inserting ‘‘222, and 225’’; and 

8 (B) in the second sentence, by striking ‘‘or 

9 222’’ and inserting ‘‘222, or 225’’; and 

10 (2) in subsection (e)— 

11 (A) by striking ‘‘206(f),’’; and 

12 (B) by striking ‘‘or 222’’ and inserting 

13 ‘‘222, or 225’’. 

14 (c) SAVINGS PROVISION.—Nothing in this section or 

15 an amendment made by this section grants authority to 

16 the Federal Energy Regulatory Commission under the 

17 Federal Power Act (16 U.S.C. 791a et seq.) over sales 

18 of electric energy at retail or the local distribution of elec19 tricity. 

20 TITLE V—ELECTRIC 

21 RELIABILITY 

22 SEC. 501. RELIABILITY ASSESSMENTS. 

23 Section 215 of the Federal Power Act (16 U.S.C. 

24 824o) is amended by striking subsection (g) and inserting 

25 the following: 


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1 ‘‘(g) RELIABILITY REPORTS.— 

2 ‘‘(1) PERIODIC ASSESSMENTS.—The ERO shall 

3 conduct periodic assessments of the reliability and 

4 adequacy of the bulk-power system in North Amer5 ica. 

6 ‘‘(2) RELIABILITY ASSESSMENTS FOR REGULA7 TIONS.—(A) Whenever the Commission determines, 

8 on its own motion or on request from another Fed9 eral agency, an affected transmission organization, 

10 or any State commission, that a rule, regulation, or 

11 standard proposed by a Federal agency other than 

12 the Commission is likely to result in a violation of 

13 a tariff requirement or process for resource ade14 quacy on file with the Commission or a mandatory 

15 standard for reliability approved by the Commission, 

16 the Commission shall require, by order, the ERO to 

17 assess and report on the effects of the proposed rule, 

18 regulation, or standard on the reliable operation of 

19 the bulk-power system. 

20 ‘‘(B) An ERO reliability assessment ordered 

21 under subparagraph (A) shall— 

22 ‘‘(i) identify any reasonably foreseeable sig23 nificant adverse effects on the reliable operation 

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1 pates will result from the proposed rule, regula2 tion, or standard; 

3 ‘‘(ii) account for mitigations that will be 

4 available under existing rules, regulations, or 

5 tariffs governing facilities of the bulk-power 

6 system under this Act that will reduce or pre7 vent significant adverse effects on the reliable 

8 operation of the bulk-power system from the 

9 proposed rule, regulation, or standard; and 

10 ‘‘(iii) take into account the technical views 

11 of affected transmission organizations regarding 

12 effects on the reliable operation of the bulk13 power system from the proposed rule, regula14 tion, or standard. 

15 ‘‘(C) The ERO shall— 

16 ‘‘(i) submit the report required under sub17 paragraph (A) to the public docket of the Fed18 eral agency proposing the rule, regulation, or 

19 standard, and, if practicable, make such sub20 mission within the time period established by 

21 such Federal agency for submission of public 

22 comments on the proposed rule, regulation, or 

23 standard; 

24 ‘‘(ii) submit such report to the Commis25 sion; and 


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1 ‘‘(iii) publish such report in a publicly 

2 available format. 

3 ‘‘(D) This paragraph shall apply to proposed 

4 rules, regulations, or standards pending on, or pro5 posed on or after, the date of enactment of this 

6 paragraph.’’. 

7 TITLE VI—LIQUEFIED NATURAL 

8 GAS EXPORTS 

9 SEC. 601. ACTION ON APPLICATIONS. 

10 Section 3 of the Natural Gas Act (15 U.S.C. 717b) 

11 is amended— 

12 (1) in subsection (e)(3)(A), by inserting ‘‘and 

13 subsection (g)’’ after ‘‘subparagraph (B)’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(g) DEADLINE TO ACT ON CERTAIN EXPORT AP16 PLICATIONS.— 

17 ‘‘(1) IN GENERAL.—The Commission shall 

18 grant or deny an application under subsection (a) to 

19 export to a foreign country any natural gas from the 

20 United States not later than 90 days after the later 

21 of— 

22 ‘‘(A) the date on which the notice of avail23 ability for each final review required under the 

24 National Environmental Policy Act of 1969 (42 


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1 U.S.C. 4321 et seq.) for the exporting facility 

2 is published with respect to an application— 

3 ‘‘(i) under subsection (e); or 

4 ‘‘(ii) for a license for the ownership, 

5 construction, or operation of a deepwater 

6 port, under section 4 of the Deepwater 

7 Port Act of 1974 (33 U.S.C. 1503); and 

8 ‘‘(B) the date of enactment of this sub9 section. 

10 ‘‘(2) APPLICATIONS TO RE-EXPORT.—The Com11 mission shall grant or deny an application under 

12 subsection (a) to re-export to another foreign coun13 try any natural gas that has been exported from the 

14 United States to Canada or Mexico for liquefaction 

15 in Canada or Mexico, or the territorial waters of 

16 Canada or Mexico, not later than 90 days after the 

17 later of— 

18 ‘‘(A) the date on which the notice of avail19 ability for each draft review required under the 

20 National Environmental Policy Act of 1969 (42 

21 U.S.C. 4321 et seq.) for the application is pub22 lished; and 

23 ‘‘(B) the date of enactment of this sub24 section. 


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1 ‘‘(3) APPLICATIONS FOR EXTENSIONS.—The 

2 Commission shall grant or deny an application for 

3 an extension of a previously issued authorization to 

4 export natural gas described in paragraph (1) or (2) 

5 not later than 90 days after the later of— 

6 ‘‘(A) the date the application for extension 

7 is received by the Commission; and 

8 ‘‘(B) the date of enactment of this sub9 section. 

10 ‘‘(4) FAILURE TO ACT.—If the Commission 

11 fails to grant or deny an application subject to this 

12 subsection by the applicable date required by this 

13 subsection, the application shall be considered to be 

14 granted and a final agency order.’’. 

15 SEC. 602. SUPPLEMENTAL REVIEWS. 

16 (a) DEFINITIONS.—In this section: 

17 (1) 2018 LNG EXPORT STUDY.—The term 

18 ‘‘2018 LNG Export Study’’ means the report enti19 tled ‘‘Macroeconomic Outcomes of Market Deter20 mined Levels of U.S. LNG Exports’’, prepared by 

21 NERA Economic Consulting for the National En22 ergy Technology Laboratory of the Department of 

23 Energy, published June 7, 2018. 

24 (2) 2019 LIFE CYCLE GHG REVIEW.—The term 

25 ‘‘2019 Life Cycle GHG Review’’ means the report 


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1 entitled ‘‘Life Cycle Greenhouse Gas Perspective on 

2 Exporting Liquefied Natural Gas from the United 

3 States’’, prepared by S. Roman-White, S. Rai, J. 

4 Littlefield, G. Cooney, and T. J. Skone for the Na5 tional Energy Technology Laboratory of the Depart6 ment of Energy, published September 12, 2019. 

7 (3) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Energy. 

9 (4) SUPPLEMENTAL GREENHOUSE GAS RE10 VIEW.—The term ‘‘supplemental greenhouse gas re11 view’’ means a review prepared or commissioned by 

12 the Department of Energy and published after Jan13 uary 26, 2024, that analyzes the life cycle green14 house gas emissions of liquefied natural gas exports 

15 from the United States, including consideration of 

16 the modeling parameters used in the 2019 Life 

17 Cycle GHG Review. 

18 (5) SUPPLEMENTAL MACROECONOMIC RE19 VIEW.—The term ‘‘supplemental macroeconomic re20 view’’ means a review prepared or commissioned by 

21 the Department of Energy and published after Jan22 uary 26, 2024, that analyzes the macroeconomic 

23 outcomes of different levels of liquefied natural gas 

24 exports from the United States, including consider25 ation of the natural gas market factors and macroVerDate Sep 11 2014 22:23 Aug 20, 2024 Jkt 049200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S4753.IS S4753

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1 economic factors analyzed in the 2018 LNG Export 

2 Study. 

3 (6) SUPPLEMENTAL REVIEW.—The term ‘‘sup4 plemental review’’ means a supplemental greenhouse 

5 gas review or a supplemental macroeconomic review. 

6 (b) REQUIREMENTS FOR SUPPLEMENTAL RE7 VIEWS.— 

8 (1) NOTICE AND COMMENT ON PROPOSED SUP9 PLEMENTAL REVIEWS.—Before finalizing a supple10 mental review, the Secretary shall publish a notice of 

11 availability of the proposed supplemental review in 

12 the Federal Register pursuant to the notice and 

13 comment provisions of section 553 of title 5, United 

14 States Code. 

15 (2) QUALITY OF SUPPLEMENTAL REVIEWS.—A 

16 supplemental review shall be subject to a peer review 

17 process consistent with the final bulletin of the Of18 fice of Management and Budget entitled ‘‘Final In19 formation Quality Bulletin for Peer Review’’ (70 

20 Fed. Reg. 2664 (January 14, 2005)) (or successor 

21 guidance). 

22 (3) PENDING APPLICATIONS.—For a review of 

23 an application to grant, deny, or extend an order 

24 under section 3(a) of the Natural Gas Act (15 

25 U.S.C. 717b(a)) to export to a foreign country any 


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1 natural gas from an LNG terminal in the United 

2 States or from a facility subject to section 4 of the 

3 Deepwater Port Act of 1974 (33 U.S.C. 1503), or 

4 to re-export to another foreign country any natural 

5 gas that has been exported from the United States 

6 to Canada or Mexico for liquefaction in Canada or 

7 Mexico, or the territorial waters of Canada or Mex8 ico, the Secretary shall base any evaluation of— 

9 (A) macroeconomic outcomes on the re10 sults of the 2018 LNG Export Study, or prede11 cessor documents, unless and until the Sec12 retary finalizes and implements a supplemental 

13 macroeconomic review; and 

14 (B) life cycle greenhouse gas emissions on 

15 the results of the 2019 Life Cycle GHG Review, 

16 or predecessor documents, unless and until the 

17 Secretary finalizes and implements a supple18 mental greenhouse gas review. 

19 TITLE VII—HYDROPOWER 

20 SEC. 701. HYDROPOWER LICENSE EXTENSIONS. 

21 (a) DEFINITION OF COVERED PROJECT.—In this sec22 tion, the term ‘‘covered project’’ means a hydropower 

23 project with respect to which the Federal Energy Regu24 latory Commission issued a license before March 13, 2020. 


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1 (b) AUTHORIZATION OF EXTENSION.—Notwith2 standing section 13 of the Federal Power Act (16 U.S.C. 

3 806), on the request of a licensee of a covered project, 

4 the Federal Energy Regulatory Commission may, after 

5 reasonable notice and for good cause shown, extend in ac6 cordance with subsection (c) the period during which the 

7 licensee is required to commence construction of the cov8 ered project for an additional 4 years beyond the 8 years 

9 authorized by that section. 

10 (c) PERIOD OF EXTENSION.—An extension of time 

11 to commence construction of a covered project under sub12 section (b) shall— 

13 (1) begin on the date on which the final exten14 sion of the period for commencement of construction 

15 granted to the licensee under section 13 of the Fed16 eral Power Act (16 U.S.C. 806) expires; and 

17 (2) end on the date that is 4 years after the lat18 est date to which the Federal Energy Regulatory 

19 Commission is authorized to extend the period for 

20 commencement of construction under that section. 

21 (d) REINSTATEMENT OF EXPIRED LICENSE.—If the 

22 time period required under section 13 of the Federal 

23 Power Act (16 U.S.C. 806) to commence construction of 

24 a covered project expires after December 31, 2023, and 

25 before the date of enactment of this Act— 


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1 (1) the Commission may reinstate the license 

2 for the applicable project effective as of the date of 

3 expiration of the license; and 

4 (2) the extension authorized under subsection 

5 (b) shall take effect on the date of that expiration. 

Æ 


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