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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6747 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 6747

   To speed up the deployment of electricity transmission and clean 
  energy, with proper input from affected communities, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 13, 2023

    Mr. Casten (for himself, Mr. Levin, Mr. Grijalva, Ms. Castor of 
  Florida, Ms. Lee of Nevada, Mr. Quigley, Mr. Tonko, Ms. Matsui, Mr. 
   Beyer, Mr. Cartwright, Ms. Pingree, Ms. Porter, Mr. Connolly, Ms. 
 Jayapal, Ms. Kuster, Ms. Barragan, Mr. Blumenauer, Ms. Bonamici, Ms. 
  Brownley, Ms. Budzinski, Mr. Carbajal, Mr. Carter of Louisiana, Mr. 
   Cleaver, Mr. Cohen, Ms. Crockett, Mr. Crow, Mr. DeSaulnier, Mrs. 
Dingell, Ms. Escobar, Ms. Eshoo, Mr. Foster, Mrs. Foushee, Mr. Goldman 
   of New York, Mr. Gomez, Mr. Huffman, Mr. Jackson of Illinois, Ms. 
   Jacobs, Ms. Kamlager-Dove, Mr. Khanna, Mr. Kim of New Jersey, Mr. 
 Krishnamoorthi, Mr. Larsen of Washington, Mr. Lieu, Ms. Lofgren, Ms. 
  McClellan, Mr. McGarvey, Mr. McGovern, Mr. Mullin, Mr. Nadler, Mr. 
 Neguse, Ms. Norton, Ms. Ocasio-Cortez, Ms. Pettersen, Mr. Raskin, Ms. 
    Ross, Ms. Salinas, Ms. Sanchez, Mr. Sarbanes, Ms. Scanlon, Ms. 
    Schakowsky, Mr. Schneider, Mr. Scott of Virginia, Mr. Smith of 
 Washington, Mr. Sorensen, Ms. Spanberger, Ms. Stansbury, Ms. Stevens, 
Mr. Takano, Ms. Tokuda, Mrs. Trahan, Mr. Trone, Mr. Vargas, Ms. Wexton, 
 Ms. Wild, and Ms. Williams of Georgia) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
   addition to the Committees on Ways and Means, Natural Resources, 
    Agriculture, the Judiciary, Transportation and Infrastructure, 
Financial Services, Oversight and Accountability, and the Budget, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
   To speed up the deployment of electricity transmission and clean 
  energy, with proper input from affected communities, 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 ``Clean Electricity 
and Transmission Acceleration Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
   TITLE I--IMPROVEMENT OF NATIONAL ELECTRICITY TRANSMISSION CAPACITY

Sec. 101. Definitions.
Sec. 102. Improvement of interregional electric transmission planning.
Sec. 103. Allocation of costs of interregional electric transmission 
                            facilities.
Sec. 104. Allocation of costs of electricity interconnection and 
                            network upgrades.
Sec. 105. Deployment of grid enhancing assets.
Sec. 106. Protection of electricity reliability through improved 
                            interregional transfer capability.
Sec. 107. Increased FERC transmission siting authority.
Sec. 108. Facilitation of efficient environmental review of the 
                            designation of national interest electric 
                            transmission corridors.
Sec. 109. Increased flexibility for Federal transmission financing.
Sec. 110. Establishment of transmission investment tax credit.
     TITLE II--IMPROVEMENT OF GOVERNANCE AND EFFICIENCY OF THE GRID

Sec. 201. Authorization to establish FERC Office of Electricity 
                            Transmission.
Sec. 202. Support for FERC Staffing.
Sec. 203. Evaluation of FERC fee assessments.
Sec. 204. Establishment of independent transmission monitors.
Sec. 205. Assurance of interoperability of offshore electric 
                            transmission infrastructure.
Sec. 206. Aggregator bidding into organized wholesale electric markets.
Sec. 207. Expansion of community solar.
Sec. 208. Establishment of program to facilitate voluntary streamlined 
                            process for local permitting of qualifying 
                            distributed energy systems.
Sec. 209. Mitigation of the shortage of electricity transformers.
Sec. 210. Study of next generation highways.
           TITLE III--MODERNIZATION OF ELECTRICITY RATEMAKING

Sec. 301. Reflection of the cost of greenhouse gas emissions in rates.
Sec. 302. Facilitation of performance-based ratemaking.
    TITLE IV--FACILITATION OF CLEAN ENERGY DEPLOYMENT ON PUBLIC LAND

Sec. 401. Definitions.
Sec. 402. Establishment of national goal for renewable energy 
                            production on Federal land.
Sec. 403. Requirement for land use planning and updates to programmatic 
                            environmental impact statements.
Sec. 404. Limited exemptions from new requirements.
Sec. 405. Distribution of revenues.
Sec. 406. Incentives for renewable energy development in priority 
                            areas.
Sec. 407. Savings clause.
     TITLE V--MODERNIZATION OF OFFSHORE RENEWABLE ENERGY PERMITTING

Sec. 501. Establishment of national offshore wind permitting target.
Sec. 502. Increased responsible development of offshore renewable 
                            energy projects.
Sec. 503. Establishment of Offshore Renewable Energy Compensation Fund.
                  TITLE VI--EMPOWERMENT OF COMMUNITIES

Sec. 601. Establishment of Office of Environmental Justice and External 
                            Civil Rights.
Sec. 602. Establishment of White House Environmental Justice 
                            Interagency Council.
Sec. 603. Prohibition on disparate impact discrimination.
Sec. 604. Provision for right of action.
Sec. 605. Provision for rights of recovery.
Sec. 606. Requirement for community impact reports.
Sec. 607. Engagement with environmental justice communities and Indian 
                            Tribes in NEPA Reviews.
Sec. 608. Requirement of notices of intent to prepare environmental 
                            documents.
Sec. 609. Avoidance of cumulative impacts through NEPA.
Sec. 610. Inclusion of greenhouse gas projections in NEPA reviews.
Sec. 611. Establishment of community benefits agreements.
Sec. 612. Requirement of timely public release of NEPA documentation.
Sec. 613. Establishment of grants for capacity building and community 
                            engagement.
Sec. 614. Establishment of fees for environmental reviews and 
                            authorizations for projects.
Sec. 615. Establishment of interagency environmental data system.
Sec. 616. Transference of unobligated balances for use under the 
                            Endangered Species Act.
Sec. 617. Designation of senior community engagement officers and 
                            Tribal community engagement officers.
Sec. 618. Establishment of FERC Environmental Justice Liaison.
Sec. 619. Requirement for intervenor funding at FERC Office of Public 
                            Participation.
Sec. 620. Reform of RTO and ISO governance and participation.
Sec. 621. Savings clause.
Sec. 622. Definitions.

   TITLE I--IMPROVEMENT OF NATIONAL ELECTRICITY TRANSMISSION CAPACITY

SEC. 101. DEFINITIONS.

    Section 3 of the Federal Power Act (16 U.S.C. 796) is amended by 
adding at the end the following:
            ``(30) Energy storage project.--The term `energy storage 
        project' means equipment that receives, stores, and delivers 
        energy using batteries, compressed air, pumped hydropower, 
        hydrogen storage (including hydrolysis), thermal energy 
        storage, regenerative fuel cells, flywheels, capacitors, 
        superconducting magnets, or other technologies identified by 
        the Secretary of Energy.
            ``(31) Generating facility.--The term `generating facility' 
        means any facility that generates electricity.
            ``(32) Generator tie line.--The term `generator tie line' 
        means a dedicated transmission line that is used to transmit 
        power from a generating facility or an energy storage project 
        to a transmission facility or a transmission system.
            ``(33) Greenhouse gas.--The term `greenhouse gas' includes 
        each of the following:
                    ``(A) Carbon dioxide.
                    ``(B) Methane.
                    ``(C) Nitrous oxide.
                    ``(D) Sulfur hexafluoride.
                    ``(E) Any hydrofluorocarbon.
                    ``(F) Any perfluorocarbon.
                    ``(G) Nitrogen trifluoride.
                    ``(H) Any fully fluorinated linear, branched, or 
                cyclic--
                            ``(i) alkane;
                            ``(ii) ether;
                            ``(iii) tertiary amine; or
                            ``(iv) aminoether.
                    ``(I) Any perfluoropolyether.
                    ``(J) Any hydrofluoropolyether.
                    ``(K) Any other fluorocarbon, except for a 
                fluorocarbon with a vapor pressure of less than 1 mm of 
                Hg absolute at 25 degrees Celsius.
            ``(34) Grid enhancing asset.--The term `grid enhancing 
        asset'--
                    ``(A) means a resource, technology, or procedure 
                that, when utilized--
                            ``(i) increases the capacity, efficiency, 
                        or reliable operation of a transmission system; 
                        or
                            ``(ii) defers or eliminates the need for a 
                        new transmission facility;
                    ``(B) may include--
                            ``(i) distributed electricity generation 
                        resources;
                            ``(ii) power flow control and transmission 
                        switching equipment;
                            ``(iii) an energy storage project;
                            ``(iv) topology optimization technology;
                            ``(v) dynamic line rating technology;
                            ``(vi) advanced transmission technologies, 
                        such as composite reinforced aluminum 
                        conductors or high temperature superconductors;
                            ``(vii) technologies or procedures that 
                        increase the flexibility of the demand for 
                        electricity;
                            ``(viii) other resources, technologies, or 
                        procedures that increase energy efficiency, 
                        capacity, or reliability; and
                            ``(ix) a combination of the resources, 
                        technologies, or procedures described in 
                        clauses (i) through (viii); and
                    ``(C) does not include a facility for--
                            ``(i) the transmission of electricity; or
                            ``(ii) the generation of electricity.
            ``(35) Interconnection customer.--The term `interconnection 
        customer' means an entity, or any affiliates or subsidiaries of 
        an entity, that proposes to interconnect a generating facility 
        or an energy storage project to a transmission facility or 
        transmission system.
            ``(36) Transmission benefits.--The term `transmission 
        benefits' means the broad range of economic, operational, 
        safety, resilience, public policy, and environmental benefits 
        (as assessed by the Commission in accordance with section 
        224(e)) and other reasonably anticipated benefits of 
        constructing, modifying, or operating a transmission facility, 
        including--
                    ``(A) improved reliability;
                    ``(B) improved resilience;
                    ``(C) improved safety;
                    ``(D) reduced congestion;
                    ``(E) reduced power losses;
                    ``(F) greater carrying capacity;
                    ``(G) reduced operating reserve requirements;
                    ``(H) improved access to lower-cost electricity 
                generation;
                    ``(I) improved access to electricity generating 
                facilities with no direct emissions of greenhouse 
                gases;
                    ``(J) improved public health from the closure of 
                electricity generation facilities that emit harmful 
                pollution;
                    ``(K) increased competition and market liquidity in 
                electricity markets;
                    ``(L) improved energy resilience and resilience of 
                Department of Defense installations; and
                    ``(M) other potential benefits of increasing the 
                interconnectedness of the electric grid.
            ``(37) Network upgrade.--The term `network upgrade' means--
                    ``(A) any addition to or expansion of any 
                transmission facility or transmission system;
                    ``(B) the construction of a new transmission 
                facility that will become part of a transmission 
                system;
                    ``(C) the addition of an energy storage project to 
                a transmission facility or a transmission system; or
                    ``(D) any construction, deployment, or addition of 
                a grid enhancing asset to a transmission facility or a 
                transmission system that eliminates or reduces the need 
                to carry out any of the activities described in 
                subparagraphs (A) through (C).
            ``(38) Participant funding.--The term `participant funding' 
        means any cost allocation method under which an interconnection 
        customer is required to pay, without reimbursement, all or a 
        disproportionate amount of the costs of a network upgrade that 
        is determined by the Commission to be necessary to ensure the 
        reliable interconnection of the interconnection customer's 
        generating facility or energy storage project.
            ``(39) Transmission planning region.--The term 
        `transmission planning region' means a region for which 
        electric transmission planning is appropriate, as determined by 
        the Commission, including a region approved by the Commission 
        to meet the requirements of the final rule titled `Transmission 
        Planning and Cost Allocation by Transmission Owning and 
        Operating Public Utilities' published in the Federal Register 
        on October 4, 2012 (77 Fed. Reg. 60689).
            ``(40) Transmission system.--For purposes of sections 224, 
        226, 227, and 229, the term `transmission system' means a 
        network of transmission facilities used for the transmission of 
        electric energy in interstate commerce.''.

SEC. 102. IMPROVEMENT OF INTERREGIONAL ELECTRIC 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. IMPROVING INTERREGIONAL ELECTRIC TRANSMISSION PLANNING.

    ``(a) In General.--Not later than 18 months after the date of 
enactment of this section, the Commission shall issue regulations 
requiring each Transmission Organization to, not later than 3 years 
after the date of enactment of this section and at least every 3 years 
thereafter, file with the Commission a plan that identifies, and to 
facilitate the construction of, interregional electric transmission 
projects that are efficient, cost-effective, and broadly beneficial.
    ``(b) Considerations.--In determining the requirements for a plan 
described in subsection (a), the Commission shall take into 
consideration--
            ``(1) the need for the transmission systems to operate for 
        a minimum of 20 years and across a wide range of scenarios, 
        including scenarios that take into account--
                    ``(A) Federal, State, and local laws and 
                regulations, and other factors that affect electricity 
                demand and the current and future generation resource 
                mix;
                    ``(B) trends in technology and fuel costs;
                    ``(C) the retirement of generation facilities, 
                energy storage projects, and transmission facilities;
                    ``(D) generator interconnection requests and 
                withdrawals; and
                    ``(E) extreme weather events;
            ``(2) the public interest;
            ``(3) the integrity of electricity markets;
            ``(4) the protection of consumers;
            ``(5) the need to optimize transmission benefits;
            ``(6) the need for an individual interregional transmission 
        project to secure approvals based on a comprehensive assessment 
        of the multiple benefits provided;
            ``(7) the importance of synchronization of planning 
        processes in neighboring regions, such as using a joint model 
        on a consistent timeline with a single set of needs, input 
        assumptions, and benefit metrics;
            ``(8) the need for an individual interregional transmission 
        project that is identified under a Transmission Organization's 
        plan filed under this section not to be subject to any 
        subsequent planning process by another Transmission 
        Organization;
            ``(9) that evaluation of long-term scenarios should align 
        with the expected life of an element of a transmission system;
            ``(10) that a Transmission Organization should allow for 
        the identification and joint evaluation of alternatives 
        proposed by stakeholders;
            ``(11) the need to eliminate arbitrary project voltage, 
        size, or cost requirements for transmission projects;
            ``(12) the applicability of grid enhancing assets; and
            ``(13) data and analyses provided by the Secretary of 
        Energy, including as provided by the National Laboratories, 
        regarding any of the items described in paragraphs (1) through 
        (12).
    ``(c) Commission Approval.--The Commission shall approve or deny a 
plan filed under this section based on whether it meets the 
requirements under the regulations issued under subsection (a).
    ``(d) Report.--Not later than 12 months after the issuance of 
regulations under subsection (a) and annually thereafter, the 
Commission shall publish in the Federal Register a report on the 
progress by each Transmission Organization in identifying and 
facilitating the construction of interregional electric transmission 
projects, including a description of the transmission benefits 
associated with such projects.
    ``(e) Environmental Benefits.--In assessing the reduction in 
greenhouse gas emissions and other environmental benefits associated 
with any activity undertaken pursuant to this Act, the Commission may 
use any relevant analysis or other information conducted or provided by 
the Council on Environmental Quality and the Environmental Protection 
Agency.''.

SEC. 103. ALLOCATION OF COSTS OF INTERREGIONAL ELECTRIC TRANSMISSION 
              FACILITIES.

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

``SEC. 225. ALLOCATION OF COSTS OF TRANSMISSION FACILITIES OF NATIONAL 
              SIGNIFICANCE.

    ``(a) Allocation of Costs.--
            ``(1) In general.--Any transmitting utility that owns, 
        controls, or operates a transmission facility of national 
        significance, or proposes to own, control, or operate a 
        transmission facility of national significance, may file a 
        tariff with the Commission in accordance with section 205 
        allocating the costs of constructing, modifying, and operating 
        such transmission facility of national significance in 
        accordance with paragraph (2).
            ``(2) Cost allocation principle.--The Commission shall 
        require that any tariff described in paragraph (1) allocate the 
        cost to construct, modify, and operate a transmission facility 
        of national significance to customers within the applicable 
        transmission planning region or regions in a manner that is 
        roughly commensurate with the reasonably anticipated 
        transmission benefits.
    ``(b) Definition of Transmission Facility of National 
Significance.--In this section, the term `transmission facility of 
national significance' means--
            ``(1) an interstate electric power transmission line (and 
        any facilities necessary for the operation of such electric 
        power transmission line)--
                    ``(A) that has a transmission capacity of not less 
                than 1,000 megawatts; and
                    ``(B) the construction of which is completed on or 
                after the date of enactment of this section;
            ``(2) an electric power transmission line (and any 
        facilities necessary for the operation of such electric power 
        transmission line) that is located offshore, the construction 
        of which is completed on or after the date of enactment of this 
        section; or
            ``(3) an expansion of, or upgrade to, an interstate 
        electric power transmission line (and any facilities necessary 
        for the operation of such electric power transmission line) 
        that--
                    ``(A) increases the transmission capacity of such 
                electric power transmission line by at least 500 
                megawatts; and
                    ``(B) the construction of which is completed on or 
                after the date of enactment of this section.
    ``(c) Savings Provision.--This section does not affect the 
authority of the Commission to approve the allocation of costs of 
transmission facilities other than transmission facilities of national 
significance.''.

SEC. 104. ALLOCATION OF COSTS OF ELECTRICITY INTERCONNECTION AND 
              NETWORK UPGRADES.

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

``SEC. 226. ALLOCATION OF COSTS OF ELECTRICITY INTERCONNECTION AND 
              NETWORK UPGRADES.

    ``(a) In General.--Not later than 18 months after the date of 
enactment of this section, the Commission shall issue regulations, 
under section 206, that prohibit the use of exclusive or 
disproportionate participant funding in allocating the costs of a 
network upgrade.
    ``(b) Requirements.--In prohibiting the use of exclusive or 
disproportionate participant funding under the regulations issued under 
subsection (a), the Commission shall, except as provided in subsection 
(c), require that each transmitting utility--
            ``(1) shall not allocate the costs of a network upgrade 
        solely or disproportionately to the requesting interconnection 
        customer; and
            ``(2) shall allocate the costs of a network upgrade in a 
        manner that is roughly commensurate with reasonably anticipated 
        transmission benefits.
    ``(c) Exceptions.--
            ``(1) Generator tie lines.--A transmitting utility may 
        require an interconnection customer to pay for the costs to 
        construct or modify any generator tie lines that will be used 
        to transmit power from the interconnection customer's 
        generating facility or energy storage project, as applicable, 
        to the transmission facility or the transmission system.
            ``(2) Voluntary payment.--
                    ``(A) In general.--An interconnection customer may 
                pay upfront some or all of the costs of a network 
                upgrade at the transmission facility or transmission 
                system to which the interconnection customer plans to 
                interconnect its generating facility or energy storage 
                facility in accordance with subparagraph (B).
                    ``(B) Refund.--
                            ``(i) In general.--Any interconnection 
                        customer that pays costs under subparagraph (A) 
                        shall be refunded, in accordance with clause 
                        (ii), the amount of such costs that would 
                        otherwise be allocated to other parties 
                        pursuant to the Commission's regulations issued 
                        under this section.
                            ``(ii) Period of refund.--The refund of 
                        costs under clause (i) shall be complete not 
                        later than the date that is 10 years after the 
                        date on which the network upgrade is complete.
            ``(3) Sole beneficiary.--A transmitting utility may require 
        an interconnection customer to exclusively pay for the costs of 
        a network upgrade if the transmission benefits of the network 
        upgrade will only be received by the interconnection customer.
    ``(d) Effective Date of Regulations.--The Commission shall require 
transmitting utilities to comply with the regulations issued under 
subsection (a) not later than 180 days after such regulations have been 
finalized.''.

SEC. 105. DEPLOYMENT OF GRID ENHANCING ASSETS.

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

``SEC. 227. GRID ENHANCING ASSETS.

    ``(a) Deployment of Grid Enhancing Assets.--Not later than 18 
months after the date of enactment of the Clean Electricity and 
Transmission Acceleration Act of 2023, the Commission shall issue 
regulations to require the following:
            ``(1) Consultation; study.--With respect to processing a 
        request from an interconnection customer to interconnect a 
        generating facility or an energy storage project to a 
        transmission facility or transmission system, the transmitting 
        utility, as applicable, shall--
                    ``(A) consult with the relevant owner or operator 
                of the transmission facility or transmission system, 
                and the interconnection customer, regarding deploying 
                grid enhancing assets at the transmission facility or 
                transmission system in addition to, or as a substitute 
                to, carrying out a transmission expansion or addition 
                at the transmission facility or transmission system, 
                including to maximize utilization of existing 
                transmission facilities, environmental justice and 
                resilience benefits for communities, and protection of 
                wildlife; and
                    ``(B) study the efficacy of deploying grid 
                enhancing assets to maximize the utilization of 
                existing transmission facilities, environmental justice 
                and resilience benefits for communities, and the 
                protection of wildlife.
            ``(2) Deployment.--
                    ``(A) In general.--An interconnection customer that 
                is consulted with under paragraph (1) may request that 
                the grid enhancing asset that was the subject of such 
                consultation be deployed.
                    ``(B) Determination.--The transmitting utility of 
                the transmission facility or transmission system to 
                which such grid enhancing asset would be deployed shall 
                determine whether to deploy such grid enhancing asset. 
                If the transmitting utility of the transmission 
                facility or transmission system determines not to 
                deploy such grid enhancing asset, the interconnection 
                customer may appeal the determination under 
                subparagraph (C).
                    ``(C) Appeal.--
                            ``(i) In general.--An interconnection 
                        customer that requests deployment of a grid 
                        enhancing asset under subparagraph (A) may 
                        submit to the Commission a request to appeal a 
                        determination under subparagraph (B) to not 
                        deploy the grid enhancing asset.
                            ``(ii) Determination.--Not later than 90 
                        days after an interconnection customer submits 
                        a request under clause (i), the Commission 
                        shall determine whether to require the 
                        transmitting utility to deploy the grid 
                        enhancing asset that is the subject of the 
                        appeal.
                            ``(iii) Consideration.--In making a 
                        determination under clause (ii), the Commission 
                        shall consider--
                                    ``(I) the impact of the deployment 
                                of grid enhancing assets on the 
                                operational reliability of the 
                                transmission facility or transmission 
                                system;
                                    ``(II) whether the grid enhancing 
                                asset is cost-competitive and capacity 
                                competitive with a transmission 
                                expansion or addition at the 
                                transmission facility or transmission 
                                system; and
                                    ``(III) other factors determined 
                                appropriate by the Commission.
    ``(b) Effective Date of Regulations.--The Commission shall require 
transmitting utilities to comply with the regulations issued under 
subsection (a) not later than 180 days after such regulations have been 
finalized.
    ``(c) Just and Reasonable Cost Allocation.--In carrying out 
sections 205 and 206, the Commission shall allow costs associated with 
deploying grid enhancing assets to be allocated to customers that 
receive transmission benefits from such grid enhancing assets.''.

SEC. 106. PROTECTION OF ELECTRICITY RELIABILITY THROUGH IMPROVED 
              INTERREGIONAL TRANSFER CAPABILITY.

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

``SEC. 228. PROTECTING ELECTRICITY RELIABILITY BY IMPROVING 
              INTERREGIONAL TRANSFER CAPABILITY.

    ``(a) Rulemaking.--Notwithstanding the requirements of section 322 
of the Fiscal Responsibility Act (Public Law 118-5), not later than 24 
months after the date of enactment of the Clean Electricity and 
Transmission Acceleration Act of 2023, the Commission shall, pursuant 
to section 206, issue regulations that establish requirements for 
minimum transfer capability, as described under subsection (b), between 
transmission planning regions.
    ``(b) Minimum Transfer Capability.--The aggregate minimum 
interregional transfer capability for each transmission planning region 
and its neighboring transmission planning region shall be not less than 
30 percent of its own peak electricity demand, or in the case of a 
transmission planning region that borders only 1 other transmission 
planning region, not less than 15 percent of its own peak electricity 
demand, unless the Commission finds, upon a showing by a transmission 
planning region, that a lower transfer capability can achieve the same 
or greater transmission benefits.''.

SEC. 107. INCREASED FERC TRANSMISSION SITING AUTHORITY.

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

``SEC. 229. SITING OF CERTAIN INTERSTATE ELECTRIC TRANSMISSION 
              FACILITIES.

    ``(a) Certificate of Public Convenience and Necessity.--
            ``(1) In general.--On receipt of an application under 
        subsection (b)(1) relating to an electric transmission facility 
        described in paragraph (2), the Commission, after making the 
        finding described in paragraph (3) with respect to such 
        electric transmission facility, shall, by order which is 
        published in the Federal Register, issue to the person who 
        submitted such application a certificate of public convenience 
        and necessity for the construction, modification, or operation 
        of such electric transmission facility, subject to such 
        reasonable terms and conditions as the Commission determines to 
        be appropriate.
            ``(2) Electric transmission facility described.--An 
        electric transmission facility referred to in paragraph (1) is 
        an electric transmission facility that--
                    ``(A) traverses or, on construction or modification 
                in accordance with a certificate of public convenience 
                and necessity issued under that paragraph, will 
                traverse not fewer than 2 States;
                    ``(B) is used for the transmission of electric 
                energy in interstate commerce; and
                    ``(C) has a power capacity of not less than 1,000 
                megawatts.
            ``(3) Finding described.--The finding referred to in 
        paragraph (1) is a finding that--
                    ``(A) the applicant for a certificate of public 
                convenience and necessity is able and willing--
                            ``(i) to carry out the activities and 
                        perform the services proposed in the 
                        application in a manner determined to be 
                        appropriate by the Commission; and
                            ``(ii) to achieve compliance with the 
                        applicable requirements of--
                                    ``(I) this part; and
                                    ``(II) any rules and regulations 
                                promulgated by the Commission pursuant 
                                to this part;
                    ``(B) the electric transmission facility to be 
                constructed, modified, or operated under the 
                certificate of public convenience and necessity will--
                            ``(i) traverse not fewer than 2 States;
                            ``(ii) be used for the transmission of 
                        electric energy in interstate commerce; and
                            ``(iii) have a power capacity of not less 
                        than 1,000 megawatts; and
                    ``(C) construction, modification, or operation of 
                the electric transmission facility, as proposed in the 
                application--
                            ``(i) will--
                                    ``(I) enable the use of renewable 
                                energy;
                                    ``(II) reduce congestion of the 
                                applicable transmission system or 
                                transmission systems;
                                    ``(III) improve the operational 
                                reliability of the applicable 
                                transmission system or transmission 
                                systems; or
                                    ``(IV) provide system resilience 
                                between regions of the applicable 
                                transmission system or transmission 
                                systems;
                            ``(ii) will maximize, to the extent 
                        reasonable and economical, the use of--
                                    ``(I) existing facility sites; and
                                    ``(II) the transmission 
                                capabilities of existing electric 
                                transmission facilities; and
                            ``(iii) will, to the extent practicable, 
                        minimize the use of eminent domain.
            ``(4) Rulemaking.--Not later than 18 months after the date 
        of enactment of this section, the Commission shall issue 
        regulations specifying--
                    ``(A) a pre-filing process during which a person 
                described in subsection (b)(1) and the Commission shall 
                consult with--
                            ``(i) the State commission for each State 
                        through which the applicable electric 
                        transmission facility will traverse;
                            ``(ii) appropriate Federal agencies;
                            ``(iii) each Indian Tribe that may be 
                        affected by the proposed project to construct, 
                        modify, or operate an electric transmission 
                        facility; and
                            ``(iv) the appropriate Transmission 
                        Organization;
                    ``(B) the form of, and information to be contained 
                in, an application submitted under subsection (b)(1);
                    ``(C) requirements for determining whether the 
                applicable electric transmission facility will--
                            ``(i) traverse not fewer than 2 States;
                            ``(ii) be used for the transmission of 
                        electric energy in interstate commerce; and
                            ``(iii) have a power capacity of not less 
                        than 1,000 megawatts;
                    ``(D) criteria for determining the reasonable and 
                economical use of--
                            ``(i) existing rights-of-way; and
                            ``(ii) the transmission capabilities of 
                        existing towers or structures;
                    ``(E) the manner in which an application submitted 
                under subsection (b)(1) shall be considered, which, to 
                the extent practicable, shall be consistent with State 
                statutory and regulatory policies concerning generation 
                and retail sales of electricity in the States in which 
                the electric energy transmitted by the electric 
                transmission facility will be generated or sold; and
                    ``(F) the manner in which the Commission will 
                consider the needs of communities that will be impacted 
                directly by the applicable electric transmission 
                facility, including how any impacts of the electric 
                transmission facility could be mitigated or offset.
            ``(5) Publication, public comment, and hearings for certain 
        notice of intent and draft environmental impact statements.--
                    ``(A) Publication.--The Commission shall publish in 
                the Federal Register a notice of intent to prepare an 
                environmental impact statement and a draft 
                environmental impact statement with respect to an 
                application for a certificate of public convenience and 
                necessity that has been submitted under subsection 
                (b)(1).
                    ``(B) Public comment.--The Commission shall provide 
                not less than 60 days for public comment on each notice 
                of intent and draft environmental impact statement 
                published under subparagraph (A).
                    ``(C) Hearing.--The Commission shall provide to the 
                individuals and entities described in paragraph (6)(B) 
                a reasonable opportunity for presentation, in at least 
                one public hearing, of any views and recommendations on 
                each notice of intent and each draft environmental 
                impact statement published under subparagraph (A). The 
                Commission shall publish in the Federal Register notice 
                of any hearing held under this subparagraph.
            ``(6) Notice and opportunity for a hearing on 
        applications.--
                    ``(A) In general.--In any proceeding before the 
                Commission to consider an application for a certificate 
                of public convenience and necessity under this section, 
                the Commission shall--
                            ``(i) publish a notice of the application 
                        in the Federal Register;
                            ``(ii) provide written notice of such 
                        application to all affected landowners in 
                        accordance with subsection (c); and
                            ``(iii) provide to the individuals and 
                        entities described in subparagraph (B) a notice 
                        and reasonable opportunity for the presentation 
                        in at least one public hearing of any views and 
                        recommendations with respect to the need for, 
                        and impact of, the construction, modification, 
                        or operation of the electric transmission 
                        facility proposed to be constructed, modified, 
                        or operated under the certificate.
                    ``(B) Individuals and entities described.--The 
                individuals and entities referred to in subparagraph 
                (A) are--
                            ``(i) an agency, selected by the Governor 
                        (or equivalent official) of the applicable 
                        State, of each State in which the electric 
                        transmission facility proposed to be 
                        constructed, modified, or operated under the 
                        applicable certificate of public convenience 
                        and necessity is or will be located;
                            ``(ii) each affected landowner; and
                            ``(iii) as determined by the Commission--
                                    ``(I) each affected Federal agency; 
                                and
                                    ``(II) each Indian Tribe that may 
                                be affected by the proposed 
                                construction, modification, or 
                                operation.
                    ``(C) Prohibition.--The Commission may not--
                            ``(i) require an applicant for a 
                        certificate of public convenience and necessity 
                        under this section to provide any notice 
                        required under this section; or
                            ``(ii) enter into a contract to provide any 
                        notice required under this section with--
                                    ``(I) the applicant for the 
                                applicable certificate of public 
                                convenience and necessity; or
                                    ``(II) any other person that has a 
                                financial interest in the project 
                                proposed in the application for such 
                                certificate.
    ``(b) Applications.--
            ``(1) In general.--A person desiring a certificate of 
        public convenience and necessity under this section shall 
        submit to the Commission an application at such time, in such 
        manner, and containing such information as the Commission may 
        require.
            ``(2) Requirement.--An application submitted to the 
        Commission under paragraph (1) shall include all information 
        necessary for the Commission to make the finding described in 
        subsection (a)(3).
    ``(c) Notice to Affected Landowners.--
            ``(1) In general.--The Commission shall provide written 
        notice of an application submitted under subsection (b)(1) to 
        all affected landowners with respect to the electric 
        transmission facility for which such application was submitted 
        in accordance with this subsection.
            ``(2) Requirements.--Any notice provided to an affected 
        landowner under paragraph (1) shall include the following:
                    ``(A) The following statement in 14-point bold 
                typeface:
                ```The [name of applicant] has proposed building power 
                lines that will cross your property, and may also 
                require building transmission towers on your property. 
                If the Federal Energy Regulatory Commission approves 
                [applicant]'s proposed project, then [applicant] may 
                have the right to build transmission towers on, and 
                power lines over, your property, or use your property 
                to construct the proposed project, subject to paying 
                you just compensation for the loss of your property.
                ```If you want to raise objections to, offer support 
                for, or otherwise comment on this, or otherwise comment 
                on this project, you can do so by submitting written 
                comments to the Federal Energy Regulatory Commission 
                Docket No. [___]. You can do this electronically or by 
                mail. To do so electronically [to be inserted by the 
                Commission]. To do so by mail [to be inserted by the 
                Commission].'.
                    ``(B) A description of the proposed project to 
                construct, modify, or operate an electric transmission 
                facility, including--
                            ``(i) the location of the proposed project 
                        (including a general location map);
                            ``(ii) the purpose of the proposed project; 
                        and
                            ``(iii) the timing of the proposed project.
                    ``(C) The name of, and the location in the docket 
                of the Commission at which may be found, each 
                submission by the applicant to the Commission relating 
                to the proposed project.
                    ``(D) A general description of what the applicant 
                will need from the landowner if the proposed project is 
                approved, including the activities the applicant may 
                undertake and the facilities that the applicant may 
                seek to construct on the property of the landowner.
                    ``(E) A description of how the landowner may 
                contact the applicant, including--
                            ``(i) a website;
                            ``(ii) an email address;
                            ``(iii) a local or toll-free telephone 
                        number; and
                            ``(iv) the name of a specific person to 
                        contact who is knowledgeable about the proposed 
                        project.
                    ``(F) A description of how the landowner may 
                contact the Commission, including--
                            ``(i) a website;
                            ``(ii) an email address;
                            ``(iii) a local or toll-free telephone 
                        number; and
                            ``(iv) the name of a specific person to 
                        contact who is knowledgeable about the proposed 
                        project.
                    ``(G) A summary of the rights that the landowner 
                has--
                            ``(i) before the Commission; and
                            ``(ii) in other proceedings under--
                                    ``(I) the Federal Rules of Civil 
                                Procedure; and
                                    ``(II) the eminent domain rules of 
                                the relevant State.
                    ``(H) Any other information that the Commission 
                determines to be appropriate.
            ``(3) Obligation of applicant.--An applicant for a 
        certificate of public convenience and necessity under this 
        section shall submit to the Commission, together with the 
        application for the certificate, the name and address of each 
        affected landowner.
    ``(d) Regulatory Jurisdiction.--
            ``(1) In general.--Except as provided in paragraph (2) and 
        notwithstanding section 216(i), no State shall regulate any 
        aspect of the siting or permitting of an electric transmission 
        facility constructed, modified, or operated under a certificate 
        of public convenience and necessity issued under this section.
            ``(2) Savings clause.--Nothing in this section affects the 
        rights of States under--
                    ``(A) the Coastal Zone Management Act of 1972 (16 
                U.S.C. 1451 et seq.);
                    ``(B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    ``(C) the Clean Air Act (42 U.S.C. 7401 et seq.); 
                or
                    ``(D) division A of subtitle III of title 54, 
                United States Code (formerly known as the `National 
                Historic Preservation Act').
            ``(3) Tribal consent for certain rights-of-way.--No right-
        of-way over or across Tribal land may be granted pursuant to 
        this section unless consent for the right-of-way has been 
        obtained from the proper Tribal official in a manner consistent 
        with the requirements of section 2 of the Act of February 5, 
        1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324).
    ``(e) Judicial Review.--
            ``(1) In general.--Any person aggrieved by an order of the 
        Commission issued under this section may obtain review of the 
        order in--
                    ``(A) the court of appeals of the United States for 
                any judicial circuit in which the electric transmission 
                facility to be constructed, modified, or operated under 
                the applicable certificate of public convenience and 
                necessity is or will be located; or
                    ``(B) the United States Court of Appeals for the 
                District of Columbia Circuit.
            ``(2) Petition for review.--
                    ``(A) In general.--A person may obtain review under 
                paragraph (1) by filing in the applicable court a 
                written petition praying that the order of the 
                Commission be modified or set aside in whole or in 
                part.
                    ``(B) Timing.--A petition under subparagraph (A) 
                shall be filed by not later than 60 days after the date 
                on which the applicable order of the Commission is 
                published in the Federal Register.
            ``(3) Person aggrieved.--Notwithstanding any other 
        provision of this Act, a person aggrieved by an order of the 
        Commission issued under this section need not--
                    ``(A) have been a party to the proceedings before 
                the Commission in which that order was issued in order 
                to obtain judicial review of the order under this 
                subsection; or
                    ``(B) have requested rehearing before the 
                Commission prior to seeking judicial review.
    ``(f) Right of Eminent Domain for Electric Transmission 
Facilities.--
            ``(1) In general.--The holder of a certificate of public 
        convenience and necessity may acquire through the exercise of 
        the right of eminent domain in a court described in paragraph 
        (2) any right-of-way, land, or other property that is necessary 
        to construct, modify, or operate an electric transmission 
        facility in accordance with such certificate if the holder has, 
        in the determination of the Commission, made good faith efforts 
        to engage with landowners and other stakeholders early in the 
        permitting process established under this section, and--
                    ``(A) cannot acquire the necessary right-of-way, 
                land, or other property by contract;
                    ``(B) is unable to agree with the owner of the 
                right-of-way, land, or other property with respect to 
                the compensation to be paid for that right-of-way, 
                land, or other property; or
                    ``(C) cannot clear defective title with respect to 
                the right-of-way, land, or other property.
            ``(2) Court described.--A court referred to in paragraph 
        (1) is--
                    ``(A) the district court of the United States for 
                the district in which the applicable right-of-way, 
                land, or other property is located; or
                    ``(B) the appropriate State court.
            ``(3) Notice of order issuing certificate.--The holder of a 
        certificate of public convenience and necessity may not 
        exercise the right of eminent domain under this subsection with 
        respect to any property covered by the certificate unless the 
        Commission has first, in addition to publishing the notice of 
        certificate of public convenience and necessity in the Federal 
        Register, provided all affected landowners with notice of--
                    ``(A) the order; and
                    ``(B) the procedures for obtaining judicial review 
                of such order under subsection (e), including a 
                description of the time period for seeking judicial 
                review under that subsection.
    ``(g) Condemnation Procedures.--
            ``(1) Appraisals.--
                    ``(A) In general.--A holder of, or applicant for, a 
                certificate of public convenience and necessity shall 
                have any property that the holder or applicant seeks to 
                acquire through the exercise of the right of eminent 
                domain under subsection (f) appraised in accordance 
                with generally accepted appraisal standards by an 
                appraiser selected by the owner of the property, 
                subject to subparagraph (D).
                    ``(B) Requirements.--
                            ``(i) Costs.--The applicable holder of, or 
                        applicant for, a certificate of public 
                        convenience and necessity shall pay for each 
                        appraisal carried out under subparagraph (A).
                            ``(ii) Inspections.--The owner of the 
                        applicable property (or a designated 
                        representative of the owner) shall be given the 
                        opportunity to accompany the appraiser during 
                        any inspection of the property that is part of 
                        an appraisal under subparagraph (A).
                    ``(C) Timing.--An appraisal under subparagraph (A) 
                shall be carried out before--
                            ``(i) the holder of, or applicant for, the 
                        certificate of public convenience and necessity 
                        makes an offer of just compensation under 
                        paragraph (2); or
                            ``(ii) the holder of the certificate of 
                        public convenience and necessity commences an 
                        action or proceeding to exercise the right of 
                        eminent domain under subsection (f).
                    ``(D) Selection of appraiser.--If the owner of the 
                applicable property does not select an appraiser under 
                subparagraph (A) by the date that is 60 days after the 
                date on which the holder of, or applicant for, the 
                applicable certificate of public convenience and 
                necessity requests that the owner do so, the holder or 
                applicant shall have the right to select the appraiser.
            ``(2) Offers of just compensation.--
                    ``(A) In general.--Any offer of just compensation 
                made to an affected landowner of property that is or 
                will be covered by a certificate of public convenience 
                and necessity--
                            ``(i) shall be made in writing;
                            ``(ii) may not be for an amount less than 
                        the fair market value of the property, as 
                        determined by an appraisal carried out under 
                        paragraph (1); and
                            ``(iii) shall include compensation for--
                                    ``(I) any lost income from the 
                                property; and
                                    ``(II) any damages to any other 
                                property of the owner.
                    ``(B) Timing.--The holder of a certificate of 
                public convenience and necessity may not make an offer 
                of just compensation to an affected landowner until the 
                date that is 30 days after the date on which the 
                Commission provides a notice to the affected landowner 
                under subsection (f)(3).
            ``(3) Jurisdictional limitations.--
                    ``(A) Minimum jurisdictional amount.--A district 
                court of the United States shall only have jurisdiction 
                of an action or proceeding to exercise the right of 
                eminent domain under subsection (f) if the amount 
                claimed by the owner of the property to be condemned 
                exceeds $3,000.
                    ``(B) Tribal land.--A district court of the United 
                States shall have no jurisdiction to condemn any 
                interest in Tribal land.
            ``(4) Limitation on condemnation.--In any action or 
        proceeding to exercise the right of eminent domain under 
        subsection (f), a court--
                    ``(A) may condemn an interest in property only to 
                the extent necessary for the specific facilities 
                described in the applicable certificate of public 
                convenience and necessity; and
                    ``(B) may not--
                            ``(i) condemn any other interest; or
                            ``(ii) condemn an interest for any purpose 
                        not described in that certificate.
            ``(5) Right of possession.--With respect to any action or 
        proceeding to exercise the right of eminent domain under 
        subsection (f), an owner of property that is covered by the 
        applicable certificate of public convenience and necessity 
        shall not be required to surrender possession of that property 
        unless the holder of the certificate--
                    ``(A) has paid to the owner the award of 
                compensation in the action or proceeding; or
                    ``(B) has deposited the amount of that award with 
                the court.
            ``(6) Litigation costs.--
                    ``(A) In general.--A holder of a certificate of 
                public convenience and necessity that commences an 
                action or proceeding to exercise the right of eminent 
                domain under subsection (f) shall be liable to the 
                owner of any property condemned in that proceeding for 
                the costs described in subparagraph (B) if the amount 
                awarded to that owner for the property condemned is 
                more than 125 percent of the amount offered to the 
                owner by the holder before the commencement of that 
                action or proceeding.
                    ``(B) Costs described.--The costs referred to in 
                subparagraph (A) are litigation costs incurred for the 
                action or proceeding described in that subparagraph by 
                the owner of the property condemned, including--
                            ``(i) reasonable attorney fees;
                            ``(ii) expert witness fees and costs; and
                            ``(iii) reasonable travel costs to 
                        participate in proceedings.
    ``(h) Enforcement of Conditions.--
            ``(1) In general.--An affected landowner the property of 
        which has been acquired by eminent domain under subsection (f) 
        shall have the right--
                    ``(A) to enforce any condition in the applicable 
                certificate of public convenience and necessity; and
                    ``(B) to seek damages for a violation of any 
                condition described in subparagraph (A).
            ``(2) Jurisdiction.--The district courts of the United 
        States shall have jurisdiction over any action arising under 
        paragraph (1).
    ``(i) Other Landowner Rights and Protections.--
            ``(1) Failure to timely complete projects.--
                    ``(A) Surrender of condemned property.--
                            ``(i) In general.--An individual or entity 
                        from which an interest in property is acquired 
                        through the exercise of the right of eminent 
                        domain under subsection (f) by the holder of a 
                        certificate of public convenience and necessity 
                        that is issued for the construction, 
                        modification, or operation of an electric 
                        transmission facility may demand that the 
                        holder of the certificate surrender that 
                        interest to that individual or entity if--
                                    ``(I)(aa) the electric transmission 
                                facility is not in operation (as 
                                modified, in the case of a modification 
                                of an electric transmission facility) 
                                by the date specified in the 
                                certificate (including any modification 
                                of the certificate by the Commission); 
                                and
                                    ``(bb) there is no request for the 
                                extension of that date pending before 
                                the Commission; or
                                    ``(II) subject to clause (ii), the 
                                holder of the certificate, with the 
                                approval of the Commission, abandons 
                                the portion of the electric 
                                transmission facility that is located 
                                on the applicable property relating to 
                                that interest.
                            ``(ii) Requirement.--The Commission may not 
                        approve in a certificate of public convenience 
                        and necessity issued under this section or in 
                        any subsequent proceeding the abandonment of 
                        all or any part of an electric transmission 
                        facility unless the Commission requires the 
                        holder of the applicable certificate of public 
                        convenience and necessity to offer to each 
                        individual or entity described in clause (i) 
                        the option of having the property acquired from 
                        that individual or entity as described in that 
                        clause restored to the condition that the 
                        property was in prior to the issuance of the 
                        certificate.
                    ``(B) Repayment of condemnation award.--If an 
                individual or entity described in subparagraph (A)(i) 
                demands the surrender of an interest under that 
                subparagraph, the holder of the applicable certificate 
                of public convenience and necessity shall be entitled 
                to repayment of an amount equal to not more than 50 
                percent of the condemnation award relating to the 
                interest.
                    ``(C) Jurisdiction.--The district courts of the 
                United States shall have jurisdiction over any action 
                arising under this paragraph.
            ``(2) Material misrepresentations.--
                    ``(A) Rescission of transaction.--
                            ``(i) In general.--An individual or entity 
                        from which an interest in property is acquired 
                        through the exercise of the right of eminent 
                        domain under subsection (f) that proves, by a 
                        preponderance of the evidence, that the 
                        individual or entity has granted a right-of-way 
                        or any other property interest based on a 
                        material misrepresentation made by or on behalf 
                        of an applicant for, or holder of, a 
                        certificate of public convenience and necessity 
                        under this section concerning the electric 
                        transmission facility to be constructed, 
                        modified, or operated under the certificate 
                        shall have the right to rescind the 
                        transaction.
                            ``(ii) Jurisdiction.--The district courts 
                        of the United States shall have jurisdiction 
                        over any action arising under clause (i).
                    ``(B) Civil penalties.--A material 
                misrepresentation made by an applicant for, or holder 
                of, a certificate of public convenience and necessity, 
                or on behalf of such an applicant or holder, to an 
                affected landowner concerning the electric transmission 
                facility to be constructed, modified, or operated under 
                the certificate, shall be considered to be a violation 
                of this part for purposes of section 316A and such 
                applicant or holder shall be assessed a civil penalty 
                by the Commission in accordance with such section 316A, 
                except the amount of such civil penalty may not exceed 
                $10,000 per affected landowner to whom the 
                misrepresentation was made.
    ``(j) Definitions.--In this section:
            ``(1) Affected landowner.--
                    ``(A) In general.--The term `affected landowner' 
                includes each owner of a property interest in land or 
                other property described in subparagraph (B), 
                including--
                            ``(i) the Federal Government;
                            ``(ii) a State or local government; and
                            ``(iii) each owner noted in the most recent 
                        county or city tax record as receiving the 
                        relevant tax notice with respect to that 
                        interest.
                    ``(B) Land and other property described.--The land 
                or other property described in this subparagraph is any 
                land or other property--
                            ``(i) that is directly affected by the 
                        proposed construction, modification, or 
                        operation of an electric transmission facility, 
                        including all facility sites;
                            ``(ii) that is located within the greater 
                        of--
                                    ``(I) 0.25 miles from a proposed 
                                facility site for an electric 
                                transmission facility; or
                                    ``(II) a minimum distance from the 
                                proposed electric transmission facility 
                                as specified by State law; or
                            ``(iii) contains a residence that is within 
                        3000 feet of a proposed facility site for an 
                        electric transmission facility.
            ``(2) Alternating current transmission facility.--The term 
        `alternating current transmission facility' means a 
        transmission facility that uses alternating current for the 
        bulk transmission of electric energy.
            ``(3) Electric transmission facility.--The term `electric 
        transmission facility' means, as applicable--
                    ``(A) an alternating current transmission facility;
                    ``(B) a high-voltage, direct current transmission 
                facility; or
                    ``(C) infrastructure associated with an alternating 
                current transmission facility or a high-voltage, direct 
                current transmission facility, including substations 
                and switchyards.
            ``(4) Facility site.--The term `facility site' includes--
                    ``(A) an area covered by a right-of-way;
                    ``(B) an access road;
                    ``(C) a contractor yard where equipment and 
                material are stored or where assembly work is 
                conducted; and
                    ``(D) any temporary workspace.
            ``(5) High-voltage, direct current transmission facility.--
        The term `high-voltage, direct current transmission facility' 
        means a transmission facility that uses direct current for the 
        bulk transmission of electric energy.
            ``(6) Tribal land.--The term `Tribal land' has the meaning 
        given the term `Indian land' in section 2601 of the Energy 
        Policy Act of 1992 (25 U.S.C. 3501).''.
    (b) Conforming Changes to the Federal Power Act.--
            (1) Siting of interstate electric transmission 
        facilities.--Section 216 of the Federal Power Act (16 U.S.C. 
        824p) is amended--
                    (A) in subsection (b)(2), by inserting ``(including 
                transmission of electric energy from the outer 
                Continental Shelf to a State)'' after ``interstate 
                commerce'';
                    (B) in subsection (c), by adding at the end the 
                following:
    ``(3) Applications Outside National Interest Electric Transmission 
Corridors.--
            ``(A) In general.--Subject to subparagraph (B), the 
        Commission shall allow a person to file an application for a 
        permit under subsection (b), and may begin evaluation of such 
        application, even if the relevant electric transmission 
        facility is not in a national interest electric transmission 
        corridor designated by the Secretary under subsection (a) at 
        the time the application is filed.
            ``(B) Time limit.--The Commission shall cease all 
        evaluation of an application described in subparagraph (A) if, 
        two years after the application is filed with the Commission, 
        the relevant electric transmission facility is not in a 
        national interest electric transmission corridor designated by 
        the Secretary under subsection (a). The Commission may resume 
        evaluation of such application if, after ceasing evaluation 
        under this subparagraph, a national interest electric 
        transmission corridor is designated by the Secretary under 
        subsection (a) and the relevant electric transmission facility 
        is in such national interest electric transmission corridor.''; 
        and
                    (C) in subsection (h)--
                            (i) by amending paragraph (2) to read as 
                        follows:
            ``(2) Lead agency.--For the purposes of coordinating all 
        applicable Federal authorizations and related environmental 
        reviews--
                    ``(A) the Commission shall act as the lead agency 
                in the case of--
                            ``(i) except as provided in subparagraph 
                        (B), an electric transmission facility in a 
                        national interest electric transmission 
                        corridor designated by the Secretary under 
                        subsection (a); or
                            ``(ii) an electric transmission facility 
                        for which an application has been submitted for 
                        a certificate of public convenience and 
                        necessity under section 229;
                    ``(B) the Department of the Interior shall act as 
                the lead agency in the case of an electric transmission 
                facility in a national interest electric transmission 
                corridor designated by the Secretary under subsection 
                (a) that is 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)); and
                    ``(C) the Department of Energy shall act as the 
                lead agency in the case of any other electric 
                transmission facility.''.
                            (ii) in each of paragraphs (3), (4)(B), 
                        (4)(C), (5)(B), (6)(A), (7)(A), (8)(A)(i), and 
                        (9), by striking ``Secretary'' each place it 
                        appears and inserting ``applicable lead 
                        agency'';
                            (iii) in paragraph (4)(A), by striking ``As 
                        head of the lead agency, the Secretary'' and 
                        inserting ``The applicable lead agency'';
                            (iv) in paragraph (5)(A), by striking ``As 
                        lead agency head, the Secretary'' and inserting 
                        ``The applicable lead agency''; and
                            (v) in paragraph (7)--
                                    (I) in subparagraph (A), by 
                                striking ``after the date of enactment 
                                of this section'' and inserting ``after 
                                the date of enactment of the Clean 
                                Electricity and Transmission 
                                Acceleration Act of 2023''; and
                                    (II) in subparagraph (B), by 
                                amending clause (i) to read as follows:
            ``(i) Not later than six months after the date of enactment 
        of the Clean Electricity and Transmission Acceleration Act of 
        2023, the Secretary, the Commission, and the heads of all 
        Federal agencies with authority to issue Federal authorizations 
        shall enter into a memorandum of understanding to ensure the 
        timely and coordinated review and permitting of electric 
        transmission facilities.''.
            (2) Transmission infrastructure investment.--Section 
        219(b)(4)(B) of the Federal Power Act (16 U.S.C. 824s(b)(4)(B)) 
        is amended by striking ``section 216'' and inserting ``sections 
        216 and 229''.

SEC. 108. FACILITATION OF EFFICIENT ENVIRONMENTAL REVIEW OF THE 
              DESIGNATION OF NATIONAL INTEREST ELECTRIC TRANSMISSION 
              CORRIDORS.

    (a) In General.--Section 216(h) of the Federal Power Act (42 U.S.C. 
824p(h)) is further amended--
            (1) by redesignating paragraph (9) as paragraph (10); and
            (2) by inserting after paragraph (8) the following:
    ``(9) No Duplication of Environmental Reviews.--
            ``(A) Purpose.--The purpose of this paragraph is to ensure 
        that there is no duplication of effort or process with respect 
        to preparing environmental documents relating to the 
        designation of national interest electric transmission 
        corridors under subsection (a) and the issuance of permits 
        under subsection (b).
            ``(B) Review relating to designation.--Unless the Secretary 
        determines that the preparation of an environmental document 
        with respect to the designation of a national interest electric 
        transmission corridor under subsection (a) is necessary under 
        the circumstances, the Secretary shall not be required to 
        prepare an environmental document in connection with the 
        designation of such a national interest electric transmission 
        corridor.
            ``(C) Effect on applications to construct or modify certain 
        transmission facilities.--
                    ``(i) No review relating to designation of 
                corridor.--If the Secretary has not prepared an 
                environmental document with respect to the designation 
                of a national interest electric transmission corridor 
                under subsection (a), the Commission shall prepare an 
                environmental document for any construction or 
                modification proposed in an application made under 
                subsection (c) before issuing a permit for such 
                application under subsection (b).
                    ``(ii) Review relating to designation of 
                corridor.--If the Secretary has prepared an 
                environmental document with respect to the designation 
                of a national interest electric transmission corridor 
                under subsection (a)--
                            ``(I) the Commission and any other Federal 
                        agency preparing an environmental document for 
                        any construction or modification proposed in an 
                        application made under subsection (c) within 
                        such national interest electric transmission 
                        corridor--
                                    ``(aa) shall rely on any findings 
                                of the environmental document prepared 
                                by the Secretary; and
                                    ``(bb) shall not duplicate any work 
                                of the Secretary relating to the 
                                preparation of such environmental 
                                document; and
                            ``(II) the Commission and such other 
                        Federal agency shall incorporate the findings 
                        of the environmental document prepared by the 
                        Secretary into any environmental document 
                        prepared by the Commission or such other 
                        Federal agency under this subsection.''.
    (b) Definitions.--Paragraph (1) of section 216(h) of the Federal 
Power Act (42 U.S.C. 824p(h)) is amended to read as follows:
            ``(1) Definitions.--In this subsection:
                    ``(A) Environmental document.--The term 
                `environmental document' has the meaning given such 
                term in section 111 of the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4336e).
                    ``(B) Federal authorization.--The term `Federal 
                authorization'--
                            ``(i) means any authorization required 
                        under Federal law in order to site a 
                        transmission facility; and
                            ``(ii) includes such permits, special use 
                        authorizations, certifications, opinions, or 
                        other approvals as may be required under 
                        Federal law in order to site a transmission 
                        facility.''.
    (c) Conforming Amendments.--Section 216(h)(5) of the Federal Power 
Act (42 U.S.C. 824p(h)(5)) is amended--
            (1) in subparagraph (A), by striking ``environmental review 
        document'' and inserting ``environmental document''; and
            (2) in subparagraph (C), by striking ``document'' and 
        inserting ``environmental document''.

SEC. 109. INCREASED FLEXIBILITY FOR FEDERAL TRANSMISSION FINANCING.

    (a) Transmission Facility Financing.--Section 50151(b) of Public 
Law 117-169 (42 U.S.C. 18715(b)) is amended by striking ``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 
``determined by the Secretary to be in the national interest''.
    (b) Transmission Facilitation Program.--Section 40106(h)(1)(A) of 
the Infrastructure Investment and Jobs Act (42 U.S.C. 18713(h)(1)(A)) 
is amended by striking ``is located in an area designated as a national 
interest electric transmission corridor pursuant to section 216(a) of 
the Federal Power Act16 U.S.C. 824p(a)'' and inserting ``is in the 
national interest''.

SEC. 110. ESTABLISHMENT OF TRANSMISSION INVESTMENT TAX CREDIT.

    (a) In General.--Subpart E of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by inserting after 
section 48E the following:

``SEC. 48F. QUALIFYING ELECTRIC POWER TRANSMISSION LINE CREDIT.

    ``(a) Allowance of Credit.--For purposes of section 46, the 
qualifying electric power transmission line credit for any taxable year 
is an amount equal to 6 percent of the qualified investment for such 
taxable year with respect to any qualifying electric power transmission 
line property of the taxpayer.
    ``(b) Qualified Investment.--
            ``(1) In general.--For purposes of subsection (a), the 
        qualified investment for any taxable year is the basis of any 
        qualifying electric power transmission line property placed in 
        service by the taxpayer during such taxable year.
            ``(2) Certain qualified progress expenditures rules made 
        applicable.--Rules similar to the rules of subsections (c)(4) 
        and (d) of section 46 (as in effect on the day before the date 
        of the enactment of the Revenue Reconciliation Act of 1990) 
        shall apply for purposes of this section.
    ``(c) Qualifying Electric Power Transmission Line Property.--For 
purposes of this section, the term `qualifying electric power 
transmission line property' means any overhead, submarine, or 
underground property--
            ``(1) which is a qualifying electric power transmission 
        line that transmits electricity--
                    ``(A) across no fewer than 2 States or not less 
                than 150 continuous miles, or
                    ``(B) across the Outer Continental Shelf (as 
                defined in section 2 of the Outer Continental Lands Act 
                (43 U.S.C. 1331)), or
            ``(2) which is related transmission property.
    ``(d) Qualifying Electric Power Transmission Line.--For purposes of 
this section--
            ``(1) In general.--The term `qualifying electric power 
        transmission line' means any applicable new transmission 
        property and any modified existing transmission property.
            ``(2) Applicable new transmission property.--
                    ``(A) In general.--The term `applicable new 
                transmission property' means any electric power 
                transmission line which is--
                            ``(i) originally placed in service after 
                        the date of the enactment of this section,
                            ``(ii) primarily used for one or more 
                        purposes described in subparagraph (B), and
                            ``(iii) described in subparagraph (C).
                    ``(B) Purposes described.--The purposes described 
                in this subparagraph are--
                            ``(i) enhancing resilience to prepare for, 
                        withstand, and recover rapidly from disruptions 
                        from the impact of weather events, wildfires, 
                        or natural disasters,
                            ``(ii) addressing clearance concerns,
                            ``(iii) facilitating the interconnection of 
                        electric power generation capacity to the bulk-
                        power system (as defined in section 215 of the 
                        Federal Power Act), or
                            ``(iv) addressing high load needs of 2,000 
                        ampere and above.
                    ``(C) Additional requirements for new transmission 
                property.--An electric power transmission line is 
                described in this subparagraph if--
                            ``(i) such transmission line--
                                    ``(I) includes an advanced 
                                transmission conductor, and
                                    ``(II) is capable of transmitting 
                                electricity at a voltage of not less 
                                than 100 kilovolts, or
                            ``(ii) such transmission line--
                                    ``(I) is a superconducting 
                                transmission line or is capable of 
                                transmitting electricity at a voltage 
                                of at least 345 kilovolts, and
                                    ``(II) has a transmission capacity 
                                of not less than 750 megawatts or is a 
                                transmission line described in 
                                subparagraph (D).
                    ``(D) Multiple transmission lines located in the 
                same right-of-way.--A transmission line is described in 
                this subparagraph if such a transmission line--
                            ``(i) is co-located in the same right-of-
                        way or adjacent right-of-way as one or more 
                        other overhead, submarine, or underground 
                        transmission lines, and
                            ``(ii) together with the other transmission 
                        lines described in subparagraph (A), has a 
                        transmission capacity of not less than 1,000 
                        megawatts.
            ``(3) Modified existing transmission property.--The term 
        `modified existing transmission property' means any electric 
        power transmission line which--
                    ``(A) was placed in service before the date of the 
                enactment of this section,
                    ``(B) is modified after the date of enactment of 
                this Act in a manner that--
                            ``(i) increases the transmission capacity 
                        of such transmission line by not less than 500 
                        megawatts, or
                            ``(ii) includes an advanced transmission 
                        conductor that transmits electricity at a 
                        voltage of not less than 100 kilovolts, and
                    ``(C) after the completion of such modification, is 
                an electric power transmission line which satisfies the 
                requirements under subclauses (ii) and (iii) of 
                paragraph (2)(A).
            ``(4) Advanced transmission conductor.--The term `advanced 
        transmission conductor' means a transmission conductor 
        technology that uses recently developed technology or materials 
        such as a composite core and such other future advances as 
        determined by the Secretary, in consultation with the Secretary 
        of Energy.
            ``(5) Superconducting transmission line.--The term 
        `superconducting transmission line' means a transmission line 
        that conducts all of its current over a super-conducting 
        material.
    ``(e) Related Transmission Property.--For purposes of this 
section--
            ``(1) In general.--The term `related transmission property' 
        means any of the following:
                    ``(A) Transmission property used for 
                interconnection or generator tie-line.--Any electric 
                power transmission line which is--
                            ``(i) placed in service after the date of 
                        enactment of this section,
                            ``(ii) primarily used--
                                    ``(I) as a generator 
                                interconnection tie line at an 
                                associated facility that extends from 
                                the secondary (high) side of a 
                                generator step-up transformer to the 
                                point of interconnection with the host 
                                transmission owner from interconnecting 
                                new generation resources or facilities 
                                to the electric grid, or
                                    ``(II) for network upgrades 
                                associated with the interconnection of 
                                new generation resources or facilities 
                                to the electric grid,
                            ``(iii) primarily used for one or more 
                        purposes described in subsection (d)(2)(B), and
                            ``(iv) capable of transmitting electricity 
                        at a voltage of not less than 230 kilovolts.
                    ``(B) Grid enhancing technology.--Any grid 
                enhancing technology property used in the operation of 
                the electric power transmission line described in 
                paragraph (2) or (3) of subsection (d).
                    ``(C) Subcomponents.--Any conductors or cables, 
                towers, insulators, reactors, capacitors, circuit 
                breakers, static VAR compensators, static synchronous 
                compensators, power converters, transformers, 
                synchronous condensers, braking resistors, and any 
                ancillary facilities and equipment necessary for the 
                proper operation of the electric power transmission 
                line described in paragraph (2) or (3) of subsection 
                (d) or for the proper operation of any property 
                described in subsection (d)(2).
            ``(2) Grid enhancing technology property.--The term `grid 
        enhancing technology property' means power flow controls and 
        transmission switching equipment, storage technology, and 
        hardware or software that enables dynamic line ratings, 
        advanced line rating management technologies, on new or 
        existing transmission property for the purpose of enhancing the 
        capacity, efficiency, resiliency, or reliability of an electric 
        power transmission system and such other similar property 
        determined by the Secretary, in consultation with the Secretary 
        of Energy.
    ``(f) Increased Credit Amount for Certain Transmission Line 
Property.--
            ``(1) In general.--In the case of any qualifying electric 
        power transmission line property which meets the requirements 
        of paragraph (2), the amount of credit determined under 
        subsection (a) (determined without regard to this subsection) 
        shall be equal to such amount multiplied by 5.
            ``(2) Facility requirements.--Qualifying electric power 
        transmission line property shall be treated as meeting the 
        requirements of this paragraph if--
                    ``(A) the construction of such property meets rules 
                similar to the rules of section 48(a)(10) (relating to 
                prevailing wage requirements) and section 45(b)(8) 
                (relating to apprenticeship requirements), or
                    ``(B) the construction of such property begins 
                before the date that is 60 days after the Secretary 
                publishes guidance with respect to the requirements 
                under subparagraph (A).
    ``(g) Termination.--This section shall not apply to any property 
the construction of which begins after December 31, 2033.''.
    (b) Public Utility Property.--Paragraph (2) of section 50(d) of the 
Internal Revenue Code is amended--
            (1) by striking ``(as defined in section 48(c)(6))'' and 
        inserting ``(as defined in section 48(c)(6), except that 
        subparagraph (D) of such section shall not apply) or any 
        qualifying electric power transmission line property (as 
        defined by section 48F(c))'', and
            (2) in subparagraph (B)--
                    (A) by inserting ``or qualifying electric power 
                transmission line property'' after ``each energy 
                storage technology'', and
                    (B) by inserting ``or the qualifying electric power 
                transmission line property'' after ``the energy storage 
                technology''.
    (c) Transfer of Certain Credits.--Section 6418(f)(1)(A) of the 
Internal Revenue Code of 1986 is amended by adding at the end the 
following:
                            ``(xii) The qualifying electric power 
                        transmission line credit under section 48F.''.
    (d) Conforming Amendments.--
            (1) Section 46 of the Internal Revenue Code of 1986 is 
        amended--
                    (A) in paragraph (5), by striking ``and'' at the 
                end,
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``, and'', and
                    (C) by adding at the end the following:
            ``(7) the qualifying electric power transmission line 
        credit.''.
            (2) Section 49(a)(1)(C) of such Code is amended--
                    (A) in clause (v), by striking ``and'' at the end,
                    (B) in clause (vi), by striking the period at the 
                end and inserting ``, and'', and
                    (C) by adding at the end the following:
                            ``(vii) the basis of any qualifying 
                        electric power transmission line property under 
                        section 48F.''.
            (3) The table of sections for subpart E of part IV of 
        subchapter A of chapter 1 of such Code is amended by inserting 
        after the item relating to section 48E the following new item:

``Sec. 48F. Qualifying electric power transmission line credit.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2023.

     TITLE II--IMPROVEMENT OF GOVERNANCE AND EFFICIENCY OF THE GRID

SEC. 201. AUTHORIZATION TO ESTABLISH FERC OFFICE OF ELECTRICITY 
              TRANSMISSION.

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

``SEC. 318. OFFICE OF ELECTRICITY TRANSMISSION.

    ``The Commission may establish an office, to be known as the Office 
of Transmission, to--
            ``(1) coordinate all matters of the Commission relating to 
        the transmission of electric energy, as the Commission 
        determines appropriate; and
            ``(2) carry out the responsibilities of the Commission 
        under section 216, 224, 225, 226, 227, 228, and 229, in 
        coordination with the Office of Energy Projects of the 
        Commission.''.

SEC. 202. SUPPORT FOR FERC STAFFING.

    (a) Ensuring Timely Review of Infrastructure.--Section 401(k) of 
the Department of Energy Organization Act (42 U.S.C. 7171(k)) is 
amended--
            (1) in paragraph (1), by striking ``subchapter III of'';
            (2) in paragraph (2)--
                    (A) by striking subparagraph (A); and
                    (B) by redesignating subparagraphs (B) through (E) 
                as subparagraphs (A) through (D), respectively; and
            (3) in paragraph (6)--
                    (A) by striking ``The Chairman'' and inserting the 
                following:
                    ``(A) In general.--The Chairman''; and
                    (B) by adding at the end the following:
                    ``(B) Implementation plan.--Not later than 90 days 
                after the date of enactment of this subparagraph, the 
                Chairman shall submit to the Director of the Office of 
                Personnel Management a plan to implement this 
                subsection. The Director of the Office of Personnel 
                Management shall take final action on the plan not 
                later than 120 days after the submission of such 
                plan.''.
    (b) Direct Hire Authority.--Section 401 of the Department of Energy 
Organization Act (42 U.S.C. 7171) is amended by adding at the end the 
following:
    ``(l) Direct Hire Authority.--
            ``(1) In general.--Notwithstanding section 3304 of title 5, 
        United States Code, and without regard to the provisions of 
        sections 3309 through 3318 of such title 5, if the Chairman of 
        the Commission issues a certification that there is as severe 
        shortage of candidates or a critical hiring need for covered 
        positions to carry out the Commission's responsibilities and 
        activities, the Chairman may, subject to paragraph (3), recruit 
        and directly appoint highly qualified individuals into the 
        competitive service.
            ``(2) Limitation.--Any action authorized pursuant to 
        paragraph (1) shall be consistent with the merit principles of 
        section 2301 of title 5, United States Code, and the Commission 
        shall comply with the public notice requirements of section 
        3327 of such title 5.
            ``(3) Termination.--
                    ``(A) In general.--A certification issued or 
                renewed under this subsection shall terminate on the 
                earlier of--
                            ``(i) the date that is 5 years after the 
                        certification is issued or renewed; or
                            ``(ii) the date on which the Chairman 
                        determines that there is no longer a severe 
                        shortage of candidates or a critical hiring 
                        need for covered positions to carry out the 
                        Commission's responsibilities and activities.
                    ``(B) Renewal.--The Chairman may renew a 
                certification issued or renewed under this subsection 
                for an additional 5-year period if the Chairman 
                determines there is still a severe shortage of 
                candidates or a critical hiring need for covered 
                positions to carry out the Commission's 
                responsibilities and activities.
            ``(4) Covered position.--In this subsection, the term 
        `covered position' means a position in which an employee is 
        responsible for conducting work of a scientific, technical, 
        engineering, mathematical, legal, or otherwise highly 
        specialized or skilled nature.''.
    (c) Elimination of Reporting Sunset.--Section 11004(b) of the 
Energy Act of 2020 (42 U.S.C. 7171 note; Public Law 116-260) is 
amended--
            (1) in paragraph (1), by striking ``thereafter for 10 
        years'' and inserting ``thereafter''; and
            (2) in paragraph (2)(B), by striking ``or mathematical'' 
        and inserting ``mathematical, or otherwise highly specialized 
        or skilled''.

SEC. 203. EVALUATION OF FERC FEE ASSESSMENTS.

    Section 3401 of the Omnibus Budget Reconciliation Act of 1986 (42 
U.S.C. 7178) is amended by adding at the end the following:
    ``(h) Review.--Not less often than once every five years, the 
Commission shall undertake a review to determine if the fees and 
charges it assesses under this section and other laws are sufficient to 
allow the Commission to handle its workload in an expedient manner.''.

SEC. 204. ESTABLISHMENT OF INDEPENDENT TRANSMISSION MONITORS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this section, the Commission shall--
            (1) require each transmission planning region to establish 
        an independent entity to monitor the planning for, and 
        operation of, transmission facilities in the transmission 
        planning region; or
            (2) establish an independent entity to monitor the planning 
        for, and operation of, transmission facilities in all 
        transmission planning regions.
    (b) Role of Transmission Monitor.--An independent entity described 
in subsection (a) shall provide independent analysis of transmission 
planning and ratemaking processes by the Commission and Transmission 
Organizations to inform Commission proceedings, including by, as 
applicable--
            (1) reviewing the operation and practices of transmission 
        facilities in the applicable transmission planning region for 
        inefficiency;
            (2) investigating whether any rate, charge, or 
        classification for transmission facilities in the applicable 
        transmission planning region, or any rule, regulation, 
        practice, or contract affecting such a rate, charge, or 
        classification, is unjust, unreasonable, unduly discriminatory 
        or preferential;
            (3) reviewing the transmission planning process for the 
        applicable transmission planning region;
            (4) reviewing transmission facility costs in the applicable 
        transmission planning region;
            (5) providing examples and advice to Transmission 
        Organizations in the applicable transmission planning region on 
        regional transmission operations, planning, and cost-allocation 
        processes;
            (6) identifying situations in which it is cost-effective or 
        otherwise appropriate to construct or deploy grid enhancing 
        assets;
            (7) coordinating and sharing information with State 
        regulatory authorities in the applicable transmission planning 
        region; and
            (8) identifying reliable data sets and methodologies for 
        use in regional planning and providing access to data to 
        stakeholders.
    (c) Savings Clause.--Nothing in this section shall be construed to 
alter the sole power of the Commission to, under sections 205 and 206 
of the Federal Power Act (16 U.S.C. 824d; 824e), determine if any 
rates, charges, or classifications are unjust, unreasonable, or unduly 
discriminatory or preferential.
    (d) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Grid enhancing asset, state regulatory authority; 
        transmission organization; transmission planning region.--The 
        terms ``grid enhancing asset'', ``State regulatory authority'', 
        ``Transmission Organization'', and ``transmission planning 
        region'' have the meanings given such terms in section 3 of the 
        Federal Power Act (16 U.S.C. 796).

SEC. 205. ASSURANCE OF INTEROPERABILITY OF OFFSHORE ELECTRIC 
              TRANSMISSION INFRASTRUCTURE.

    (a) Study.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Energy shall complete and publish on the 
website of the Department of Energy a study that assesses the need to, 
and challenges of, developing and standardizing interoperable electric 
grid components, systems, and technologies in support of shared 
offshore transmission networks. Such study shall include 
recommendations for Congress, State, Tribal, and local governments, 
manufacturers of electric grid components, systems, and technologies, 
Transmission Organizations, offshore electricity generation project 
developers, and appropriate standards organizations to help ensure 
interoperability of electric grid components, systems, and technologies 
between offshore electricity generation projects and shared offshore 
infrastructure connecting to onshore transmission systems.
    (b) Interoperability Standard Development Program.--
            (1) In general.--The Secretary of Energy shall establish 
        and implement a program to identify, develop, support, 
        document, and encourage the adoption of standards necessary to 
        maximize the interoperability of electric grid components, 
        systems, and technologies to accelerate the implementation and 
        delivery of electricity generated by offshore electricity 
        generation projects through shared electricity transmission 
        infrastructure.
            (2) Goals.--The goals of establishing and implementing the 
        program under paragraph (1) shall be--
                    (A) to harmonize and standardize functional 
                specifications of electric grid components, systems, 
                and technologies to maximize the interoperability of 
                electric grid components, systems, and technologies 
                across types and manufacturers;
                    (B) to hasten adoption of shared electric 
                transmission infrastructure for offshore electricity 
                generation by encouraging cooperation among 
                manufacturers of electric grid components, systems, or 
                technologies in order to--
                            (i) maximize interoperability of such 
                        manufacturers' electric grid components, 
                        systems, or technologies;
                            (ii) reduce offshore electricity generation 
                        project delays and cost overruns;
                            (iii) manage power grid complexity; and
                            (iv) enhance electric grid resilience, 
                        reliability, and cybersecurity; and
                    (C) to identify common technical specifications to 
                effectively and securely measure, monitor, control, and 
                protect offshore electricity generation and electric 
                transmission infrastructure from the point of 
                generation to load centers.
            (3) Financial assistance.--Under the program established 
        and implemented under paragraph (1), the Secretary may provide 
        grants to--
                    (A) engage equipment manufacturers and industry 
                stakeholders in collaborative platforms, including 
                workshops and forums;
                    (B) identify current challenges and propose 
                solutions to improve interoperability of electric grid 
                components, systems, and technologies; and
                    (C) develop a set of voluntary industry standards 
                to maximize interoperability of electric grid 
                components, systems, and technologies that meet the 
                goals described in paragraph (2).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy to carry out this section 
$5,000,000, to remain available until expended.
    (d) Definition.--In this section, the term ``Transmission 
Organization'' has the meaning given such term in section 3(29) of the 
Federal Power Act (16 U.S.C. 796).

SEC. 206. AGGREGATOR BIDDING INTO ORGANIZED WHOLESALE ELECTRIC MARKETS.

    (a) In General.--Notwithstanding any prohibition established by a 
relevant electric retail regulatory authority with respect to who may 
bid into an organized wholesale electric market, each Transmission 
Organization shall, with respect to the organized wholesale electric 
market controlled by the Transmission Organization, allow any bid from 
an aggregator of retail customers that aggregates the demand 
flexibility of the customers of utilities that distributed more than 4 
million megawatt-hours in the previous fiscal year.
    (b) Rulemaking.--Not later than 12 months after the date of 
enactment of this section, the Commission shall promulgate a final rule 
pursuant to subsection (a).
    (c) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Electric retail regulatory authority.--The term 
        ``electric retail regulatory authority'' means an entity that 
        establishes retail electricity prices and retail competition 
        policies for customers.
            (3) Transmission organization.--The term ``Transmission 
        Organization'' has the meaning given such term in section 3 of 
        the Federal Power Act (16 U.S.C. 796).

SEC. 207. EXPANSION OF COMMUNITY SOLAR.

    (a) Establishment of Community Solar Consumer Choice Program.--
            (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, the Secretary shall establish a program 
        to increase the opportunities for participation in community 
        solar programs by--
                    (A) individuals, prioritizing individuals that do 
                not have regular access to onsite solar, including low- 
                and moderate-income individuals and individuals living 
                in energy communities;
                    (B) businesses;
                    (C) nonprofit organizations; and
                    (D) States and local and Tribal governments.
            (2) Alignment with existing federal programs.--The 
        Secretary shall align the program established under paragraph 
        (1) with existing Federal programs that serve low-income 
        communities.
            (3) Assistance to state and local governments.--In carrying 
        out the program established under paragraph (1), the Secretary 
        shall--
                    (A) provide technical assistance to eligible 
                entities for projects to increase the number of 
                community solar facilities;
                    (B) assist eligible entities in the development of 
                new and innovative financial and business models that 
                leverage competitive processes in order to serve 
                community solar subscribers; and
                    (C) use National Laboratories to collect and 
                disseminate data to assist private entities in the 
                financing of, subscription to, and operation of 
                community solar programs.
    (b) Federal Government Participation in Community Solar Programs.--
The Secretary shall, as the Secretary determines appropriate, expand 
the existing grant, loan, and financing programs of the Department of 
Energy to include community solar programs.
    (c) Establishment of Community Solar Programs.--
            (1) In general.--Section 111(d) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended 
        by adding at the end the following:
            ``(22) Community solar programs.--
                    ``(A) In general.--Each electric utility shall 
                offer a community solar program that provides all 
                ratepayers, including low-income ratepayers, equitable 
                and demonstrable access to such community solar 
                program.
                    ``(B) Definitions.--For the purposes of this 
                paragraph:
                            ``(i) Community solar program.--The term 
                        `community solar program' means a service 
                        provided to any electric consumer that the 
                        electric utility serves through which the value 
                        of electricity generated by a community solar 
                        facility may be used to reduce total charges 
                        billed to the electric consumer.
                            ``(ii) Community solar facility.-- The term 
                        `community solar facility' means a solar 
                        photovoltaic system that--
                                    ``(I) allocates electricity to 
                                multiple electric consumers of an 
                                electric utility;
                                    ``(II) is interconnected with the 
                                electric grid; and
                                    ``(III) is located either on or off 
                                the property of the electric consumers 
                                described in subclause (I).''.
            (2) Compliance.--
                    (A) Time limitations.--Section 112(b) of the Public 
                Utility Regulatory Policies Act of 1978 (16 U.S.C. 
                2622(b)) is amended by adding at the end the following:
            ``(9)(A) Not later than 12 months after the date of 
        enactment of this paragraph, each State regulatory authority 
        (with respect to each electric utility for which the State has 
        ratemaking authority) and each nonregulated electric utility 
        shall commence consideration under section 111, or set a 
        hearing date for consideration, with respect to the standard 
        established by paragraph (22) of section 111(d).
            ``(B) Not later than 24 months after the date of enactment 
        of this paragraph, each State regulatory authority (with 
        respect to each electric utility for which the State has 
        ratemaking authority), and each nonregulated electric utility 
        shall complete the consideration and make the determination 
        under section 111 with respect to the standard established by 
        paragraph (22) of section 111(d).''.
                    (B) Failure to comply.--Section 112(c) of the 
                Public Utility Regulatory Policies Act of 1978 (16 
                U.S.C. 2622(c)) is amended--
                            (i) by striking ``subsection (b)(2)'' and 
                        inserting ``subsection (b)''; and
                            (ii) by adding at the end the following: 
                        ``In the case of the standard established by 
                        paragraph (22) of section 111(d), the reference 
                        contained in this subsection to the date of 
                        enactment of this Act shall be deemed to be a 
                        reference to the date of enactment of that 
                        paragraph (22).''.
                    (C) Prior state actions.--
                            (i) In general.--Section 112 of the Public 
                        Utility Regulatory Policies Act of 1978 (16 
                        U.S.C. 2622) is amended by adding at the end 
                        the following:
    ``(i) Prior State Actions.--Subsections (b) and (c) shall not apply 
to the standard established by paragraph (22) of section 111(d) in the 
case of any electric utility in a State if, before the date of 
enactment of this subsection--
            ``(1) the State has implemented for the electric utility 
        the standard (or a comparable standard);
            ``(2) the State regulatory authority for the State or the 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard (or a 
        comparable standard) for the electric utility; or
            ``(3) the State legislature has voted on the implementation 
        of the standard (or a comparable standard) for the electric 
        utility.''.
                            (ii) Cross-reference.--Section 124 of the 
                        Public Utility Regulatory Policies Act of 1978 
                        (16 U.S.C. 2634) is amended by adding at the 
                        end the following: ``In the case of the 
                        standard established by paragraph (22) of 
                        section 111(d), the reference contained in this 
                        subsection to the date of enactment of this Act 
                        shall be deemed to be a reference to the date 
                        of enactment of that paragraph (22).''.
    (d) Federal Contracts for Public Utility Services.--Section 
501(b)(1) of title 40, United States Code, is amended by amending 
subparagraph (B) to read as follows:
                    ``(B) Public utility contracts.--A contract under 
                this paragraph for public utility services may be for a 
                period of not more than 30 years.''.
    (e) Definitions.--In this section:
            (1) Community solar facility; community solar program.--The 
        terms ``community solar facility'' and ``community solar 
        program'' have the meaning give such terms in paragraph (22) of 
        section 111(d) of the Public Utility Regulatory Policies Act of 
        1978 (16 U.S.C. 2621(d)), as added by subsection (c) of this 
        section.
            (2) Community solar subscriber.--The term ``community solar 
        subscriber'' means an electricity customer who has ownership of 
        a financial share in a community solar facility that serves 
        multiple consumers.
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State or political subdivision of a State;
                    (B) a unit of local government;
                    (C) an Indian Tribe (as defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 5304));
                    (D) a territory of the United States; or
                    (E) an authority, agency, or instrumentality of, or 
                an entity owned by, 1 or more entities described in 
                subparagraphs (A) through (D).
            (4) Energy community.--The term ``energy community'' has 
        the meaning given such term in section 45(b)(11) of the 
        Internal Revenue Code of 1986 (26 U.S.C. 45(b)(11)).
            (5) National laboratories.--The term ``National 
        Laboratories'' has the meaning given the term in section 2 of 
        the Energy Policy Act of 2005 (42 U.S.C. 15801).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 208. ESTABLISHMENT OF PROGRAM TO FACILITATE VOLUNTARY STREAMLINED 
              PROCESS FOR LOCAL PERMITTING OF QUALIFYING DISTRIBUTED 
              ENERGY SYSTEMS.

    (a) Definitions.--In this section:
            (1) Authority having jurisdiction.--The term ``authority 
        having jurisdiction'' means any State, county, local, or Tribal 
        office or official with jurisdiction--
                    (A) to issue permits relating to qualifying 
                distributed energy systems;
                    (B) to conduct inspections to enforce the 
                requirements of a relevant code or standard relating to 
                qualifying distributed energy systems; or
                    (C) to approve the installation of, or the 
                equipment and materials used in the installation of, 
                qualifying distributed energy systems.
            (2) Qualifying distributed energy system.--The term 
        ``qualifying distributed energy system'' means any equipment or 
        materials installed in, on, or near a residential building to 
        support onsite or local energy use, including--
                    (A) to generate electricity from distributed 
                renewable energy sources, including from--
                            (i) solar photovoltaic systems or similar 
                        solar energy technologies; and
                            (ii) wind power systems;
                    (B) to store and discharge electricity from 
                batteries with a capacity of at least 2 kilowatt hours;
                    (C) to charge a plug-in electric drive vehicle at a 
                power rate of at least 2 kilowatts; or
                    (D) to refuel a hydrogen fuel cell electric 
                vehicle.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) 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 and 
organizations representing State, local, and Tribal governments engaged 
in permitting, 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.
    (c) Activities of the Program.--In carrying out the program 
established under subsection (b), the Secretary shall--
            (1) further develop and expand an exemplary streamlined 
        permitting process that includes an online permitting 
        platform--
                    (A) for expediting, standardizing, and streamlining 
                permitting; and
                    (B) that authorities having jurisdiction may 
                voluntarily use to receive, review, and approve permit 
                applications relating to qualifying distributed energy 
                systems;
            (2) establish targets for the adoption of a streamlined, 
        expedited permitting process by authorities having 
        jurisdiction;
            (3) provide technical assistance and training directly or 
        indirectly to authorities having jurisdiction on using and 
        adopting the exemplary streamlined permitting process described 
        in paragraph (1), including the adoption of any necessary 
        building codes;
            (4) develop a voluntary inspection protocol and related 
        tools to expedite, standardize, and streamline the inspection 
        of qualifying distributed energy systems, including--
                    (A) by investigating the potential for using remote 
                inspections;
                    (B) by investigating the potential for sample-based 
                inspection for distributed energy system installers 
                with a demonstrated track record of high-quality work; 
                and
                    (C) by investigating opportunities to integrate the 
                voluntary inspection protocol into the online 
                permitting platform described in paragraph (1) and the 
                platforms of government software providers; and
            (5) take any other action to expedite, standardize, 
        streamline, or improve the process for permitting, inspecting, 
        or interconnecting qualifying distributed energy systems.
    (d) Support Services.--The Secretary shall--
            (1) support the provision of technical assistance to 
        authorities having jurisdiction, any administrator of the 
        online permitting platform described in subsection (c)(1), 
        government software providers, and any other entity determined 
        appropriate by the Secretary in carrying out the activities 
        described in subsection (c); and
            (2) provide such financial assistance as the Secretary 
        determines appropriate from any funds appropriated to carry out 
        this section.
    (e) Authority Having Jurisdiction Certification Program.--
            (1) In general.--The Secretary may certify authorities 
        having jurisdiction that implement the exemplary streamlined 
        permitting process described in subsection (c)(1).
            (2) Process.--The Secretary may confer a certification 
        under paragraph (1) through existing programs within the 
        Department of Energy.
            (3) Prizes.--The Secretary may award prizes to authorities 
        having jurisdiction, using funds appropriated to the Secretary 
        to carry out this section, to encourage authorities having 
        jurisdiction to adopt the exemplary streamlined permitting 
        process or the voluntary inspection protocol established under 
        paragraphs (1) and (4) of subsection (c), respectively.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $20,000,000 for 
each of fiscal years 2024 through 2027.

SEC. 209. MITIGATION OF THE SHORTAGE OF ELECTRICITY TRANSFORMERS.

    There is authorized to be appropriated $2,100,000,000 for the 
President, acting through the Secretary of Energy, under the authority 
of title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et 
seq.), to expand domestic manufacturing of transformers and grid 
components, including amorphous steel, grain-oriented electrical steel, 
flexible transformers, circuit breakers, switchgear and substations to 
serve load and interconnect generation, and inverters and optimizers to 
integrate the influx of distributed generators.

SEC. 210. STUDY OF NEXT GENERATION HIGHWAYS.

    Not later than 1 year after the date of enactment of this Act, the 
Administrator of the Federal Highway Administration shall conduct, and 
publish a report on the results of, a study on best practices for 
siting high-voltage transmission lines on highway rights-of-way, 
including recommendations on practices--
            (1) to ensure safety;
            (2) to facilitate future highway maintenance and 
        construction work;
            (3) to facilitate future maintenance work for the 
        transmission lines;
            (4) to integrate transmission planning and siting into 
        transportation planning; and
            (5) to facilitate electrical needs for light-duty, medium-
        duty, and heavy-duty rapid charging infrastructure on public 
        roadways.

           TITLE III--MODERNIZATION OF ELECTRICITY RATEMAKING

SEC. 301. REFLECTION OF THE COST OF GREENHOUSE GAS EMISSIONS IN RATES.

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

``SEC. 230. REFLECTION OF THE COST OF GREENHOUSE GAS EMISSIONS IN RATES 
              AND CHARGES.

    ``(a) In General.--Not later than 18 months after the date of 
enactment of the Clean Electricity and Transmission Acceleration Act of 
2023, the Commission shall issue regulations to require public 
utilities to reflect the cost of greenhouse gas emissions associated 
with the generation, transmission, and sale of electric energy subject 
to the jurisdiction of the Commission in the rates and charges for such 
generation, transmission, and sale in accordance with this section.
    ``(b) Cost of Greenhouse Gas Emissions.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Clean Electricity and Transmission 
        Acceleration Act of 2023, the Commission shall determine the 
        cost of greenhouse gas emissions for the purpose of issuing 
        regulations under subsection (a).
            ``(2) Consideration.--In determining such cost of 
        greenhouse gas emissions, the Commission, in consultation with 
        the Administrator of the Environmental Protection Agency--
                    ``(A) may consider--
                            ``(i) Federal guidance or standards 
                        relating to the social cost of carbon; and
                            ``(ii) any other generally accepted 
                        Federal, State, or other methodology for 
                        determining the cost of greenhouse gas 
                        emissions; and
                    ``(B) shall employ a discount rate that reflects 
                the irreversibility of climate change.
    ``(c) Just and Reasonable.--Beginning on the date on which the 
regulation is issued under subsection (a), no rate or charge made, 
demanded, or received by a public utility for or in connection with the 
generation, transmission, or sale of electric energy subject to the 
jurisdiction of the Commission may be deemed just or reasonable, under 
sections 205 or 206, unless such rate or charge reflects the cost of 
greenhouse gas emissions pursuant to the regulation issued under 
subsection (a).''.

SEC. 302. FACILITATION OF PERFORMANCE-BASED RATEMAKING.

    Section 219 of the Federal Power Act (16 U.S.C. 824s) is amended--
            (1) in subsection (a)--
                    (A) by striking ``this section'' and inserting 
                ``the Clean Electricity and Transmission Act of 2023'';
                    (B) by inserting ``and resilience'' after 
                ``ensuring reliability'';
                    (C) by striking ``and'' before ``reducing'' and 
                inserting a comma; and
                    (D) by inserting ``, and reducing the greenhouse 
                gas emissions associated with delivered power,'' after 
                ``delivered power'';
            (2) in subsection (b)--
                    (A) by inserting ``under this section'' after ``The 
                rule''; and
                    (B) in paragraph (1)--
                            (i) by inserting ``, resilient,'' after 
                        ``promote reliable''; and
                            (ii) by inserting ``, and the elimination 
                        of the greenhouse gas emissions associated with 
                        delivered power,'' after ``efficient 
                        transmission and generation of electricity''; 
                        and
            (3) in subsection (c), by inserting ``on or after the date 
        of enactment of the Clean Electricity and Transmission Act of 
        2023'' after ``joins a Transmission Organization''.

    TITLE IV--FACILITATION OF CLEAN ENERGY DEPLOYMENT ON PUBLIC LAND

SEC. 401. DEFINITIONS.

    In this title:
            (1) Covered land.--The term ``covered land'' means land 
        that is--
                    (A) Federal lands administered by the Secretary; 
                and
                    (B) not excluded from the development of 
                geothermal, solar, or wind energy under--
                            (i) a land use plan; or
                            (ii) other Federal law.
            (2) Energy storage project.--The term ``energy storage 
        project'' means equipment that--
                    (A) receives, stores, and delivers energy using 
                batteries, compressed air, pumped hydropower, hydrogen 
                storage (including hydrolysis), thermal energy storage, 
                regenerative fuel cells, flywheels, capacitors, 
                superconducting magnets, or other technologies 
                identified by the Secretary of Energy; and
                    (B) has a capacity of not less than 5 kilowatt 
                hours.
            (3) Exclusion area.--The term ``exclusion area'' means 
        covered land that is identified by the Bureau of Land 
        Management as not suitable for development of wind and solar 
        energy projects.
            (4) Federal land.--The term ``Federal land'' means--
                    (A) public lands; and
                    (B) lands of the National Forest System as 
                described in section 11(a) of the Forest and Rangeland 
                Renewable Resources Planning Act of 1974 (16 U.S.C. 
                1609(a)).
            (5) Fund.--The term ``Fund'' means the Renewable Energy 
        Resource Conservation Fund established by section 405(c)(1).
            (6) Land use plan.--The term ``land use plan'' means--
                    (A) in regard to public lands, a land use plan 
                established under the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1701 et seq.); and
                    (B) in regard to National Forest System lands, a 
                land management plan approved, amended, or revised 
                under section 6 of the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 1604).
            (7) Priority area.--The term ``priority area'' means 
        covered land identified by the land use planning process of the 
        Bureau of Land Management as being a preferred location for a 
        wind and solar energy project, including a designated leasing 
        area (as defined in section 2801.5(b) of title 43, Code of 
        Federal Regulations (or a successor regulation)) that is 
        identified under the rule of the Bureau of Land Management 
        entitled ``Competitive Processes, Terms, and Conditions for 
        Leasing Public Lands for Solar and Wind Energy Development and 
        Technical Changes and Corrections'' (81 Fed. Reg. 92122 
        (December 19, 2016)) (or a successor regulation).
            (8) Public lands.--The term ``public lands'' has the 
        meaning given that term in section 103(e) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
            (9) Renewable energy project.--The term ``renewable energy 
        project''--
                    (A) means a project carried out on covered land 
                that--
                            (i) uses wind, solar, or geothermal energy 
                        to generate energy; or
                            (ii) transmits electricity to support wind, 
                        solar, or geothermal energy generation; and
                    (B) includes an energy storage project.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (11) Variance area.--The term ``variance area'' means 
        covered land that is--
                    (A) not an exclusion area;
                    (B) not a priority area; and
                    (C) identified through a transparent and inclusive 
                public process by the Secretary as potentially 
                available for wind and solar energy development that 
                could be approved without a plan amendment, consistent 
                with the principles of multiple use (as defined in the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1701 et seq.)).

SEC. 402. ESTABLISHMENT OF NATIONAL GOAL FOR RENEWABLE ENERGY 
              PRODUCTION ON FEDERAL LAND.

    (a) In General.--Not later than January 1, 2024, the Secretary, in 
consultation with the Secretary of Agriculture and the head of other 
relevant Federal agencies, shall establish updated national goals for 
renewable energy production on Federal land.
    (b) Minimum Production Goal.--The Secretary shall seek to issue 
permits that, in total, authorize production of not less than 60 
gigawatts of electricity from wind, solar, and geothermal energy 
projects by not later than December 31, 2030, through management of 
Federal land and administration of Federal laws.

SEC. 403. REQUIREMENT FOR LAND USE PLANNING AND UPDATES TO PROGRAMMATIC 
              ENVIRONMENTAL IMPACT STATEMENTS.

    (a) Priority Areas.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of Energy, shall establish priority areas on covered 
        land for solar and wind energy projects, consistent with the 
        principles of multiple use (as defined in the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)) and 
        the renewable energy permitting goal enacted by the 
        Consolidated Appropriations Act of 2021 (Public Law 116-260). 
        Among applications for a given renewable energy source, 
        proposed projects located in priority areas for that renewable 
        energy source shall--
                    (A) be given the highest priority for incentivizing 
                deployment thereon; and
                    (B) be offered the opportunity to participate in 
                any regional mitigation plan developed for the relevant 
                priority areas.
            (2) Establishing priority areas.--
                    (A) Solar energy.--For solar energy, the Secretary 
                shall finalize the document entitled ``Solar 
                Programmatic Environmental Impact Statement'' (87 Fed. 
                Reg. 75284 (December 8, 2022)), as soon as practicable, 
                but not later than 18 months after the date of the 
                enactment of this Act.
                    (B) Wind energy.--For wind energy, the Secretary 
                shall complete a process to consider establishing 
                additional wind priority areas as soon as practicable, 
                but not later than 3 years, after the date of the 
                enactment of this Act.
    (b) Variance Areas.--Variance areas shall be considered for wind 
and solar energy project development, consistent with the principles of 
multiple use (as defined in the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701 et seq.)) and the renewable energy permitting 
goal enacted by the Consolidated Appropriations Act of 2021 (Public Law 
116-260). Applications for a given renewable energy source located in 
those variance areas shall be timely processed in order to assist in 
meeting that goal.
    (c) Review and Modification.--
            (1) In general.--Not less than once every 10 years, the 
        Secretary shall--
                    (A) after an opportunity for public comment, review 
                the adequacy of land allocations for solar and wind 
                energy priority, exclusion, and variance areas, and 
                areas open or closed to geothermal leasing, for the 
                purpose of encouraging and facilitating new renewable 
                energy development opportunities while avoiding, 
                minimizing, and compensating for adverse impacts to 
                other public uses and values of public land, including 
                wildlife habitat, listed species, water resources, 
                cultural resources, recreational uses, lands with 
                wilderness characteristics, lands with special 
                management designations, cultural resources, and areas 
                of Tribal importance; and
                    (B) based on the review carried out under 
                subparagraph (A), add, modify, or eliminate priority, 
                variance, and exclusion areas, and areas open or closed 
                to geothermal leasing.
            (2) Exception.--Paragraph (1) shall not apply to the 
        renewable energy land use planning published in the Desert 
        Renewable Energy Conservation Plan developed by the California 
        Energy Commission, the California Department of Fish and 
        Wildlife, the Bureau of Land Management, and the United States 
        Fish and Wildlife Service until January 1, 2030.
    (d) Compliance With the National Environmental Policy Act.--For the 
purposes of this section, compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished as 
follows:
            (1) Geothermal energy.--In regard to geothermal energy, by 
        updating the document entitled ``Final Programmatic 
        Environmental Impact Statement for Geothermal Leasing in the 
        Western United States'', dated October 2008, and incorporating 
        any additional regional analyses that have been completed by 
        Federal agencies since that programmatic environmental impact 
        statement was finalized.
            (2) Solar energy.--In regard to solar energy, by updating 
        the document entitled ``Final Programmatic Environmental Impact 
        Statement (PEIS) for Solar Energy Development in Six 
        Southwestern States'', dated July 2012, and incorporating any 
        additional regional analyses that have been completed by 
        Federal agencies since that programmatic environmental impact 
        statement was finalized.
            (3) Wind energy.--In regard to wind energy, by updating the 
        document entitled ``Final Programmatic Environmental Impact 
        Statement on Wind Energy Development on BLM-Administered Lands 
        in the Western United States'', dated July 2005, and 
        incorporating any additional regional analyses that have been 
        completed by Federal agencies since the programmatic 
        environmental impact statement was finalized.
    (e) No Effect on Processing Site Specific Applications.--There 
shall be no changes in any requirements to conduct site specific 
environmental review and processing of permits for proposed projects 
during preparation of an updated programmatic environmental impact 
statement, resource management plan, or resource management plan 
amendment.
    (f) Coordination.--In developing updates required by this section, 
the Secretary shall coordinate, on an ongoing basis, with appropriate 
State, Tribal, and local governments, transmission infrastructure 
owners and operators, developers, and other appropriate entities to 
ensure that priority areas identified by the Secretary are--
            (1) economically viable (including having access to 
        existing or planned transmission lines);
            (2) likely to avoid, minimize, and compensate for impacts 
        to fish, wildlife, plants, and their habitats, recreation, 
        lands with wilderness characteristics, lands with special 
        management designations, cultural resources, areas of Tribal 
        importance, and other uses of covered land;
            (3) prioritized on previously disturbed lands, including 
        commercial and industrial lands, mine lands, and previously 
        contaminated sites; and
            (4) consistent with section 202 of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1712), including 
        subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).

SEC. 404. LIMITED EXEMPTIONS FROM NEW REQUIREMENTS.

    (a) Requirement To Pay Rents and Fees.--Unless otherwise agreed to 
by the owner of a project, the owner of a project that applied for a 
right-of-way under section 501 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1761) on or before December 19, 2016, 
shall be obligated to pay with respect to the right-of-way all rents 
and fees in effect before the effective date of the rule of the Bureau 
of Land Management entitled ``Competitive Processes, Terms, and 
Conditions for Leasing Public Lands for Solar and Wind Energy 
Development and Technical Changes and Corrections'' (81 Fed. Reg. 92122 
(December 19, 2016)).
    (b) Definition of Project.--In this section, the term ``project'' 
means a system described in section 2801.9(a)(4) of title 43, Code of 
Federal Regulations (as in effect on the date of the enactment of this 
Act).

SEC. 405. DISTRIBUTION OF REVENUES.

    (a) Disposition of Revenues.--
            (1) Availability.--Except as provided in paragraph (2), 
        beginning on January 1, 2024, of amounts collected from a wind 
        or solar project as bonus bids, rentals, fees, or other 
        payments under a right-of-way, permit, lease, or other 
        authorization the following shall be made available, without 
        further appropriation or fiscal year limitation, as follows:
                    (A) 25 percent shall be paid by the Secretary of 
                the Treasury to the State within the boundaries of 
                which the revenue is derived.
                    (B) 25 percent shall be paid by the Secretary of 
                the Treasury to the one or more counties within the 
                boundaries of which the revenue is derived, to be 
                allocated among the counties based on the percentage of 
                land from which the revenue is derived.
                    (C) 25 percent shall be deposited in the Treasury 
                and be made available to the Secretary to carry out the 
                program established under this Act, including the 
                transfer of the funds by the Bureau of Land Management 
                to other Federal agencies and State agencies to 
                facilitate the processing of renewable energy permits 
                on Federal land, with priority given to using the 
                amounts, to the maximum extent practicable without 
                detrimental impacts to emerging markets, to expediting 
                the issuance of permits required for the development of 
                renewable energy projects in the States from which the 
                revenues are derived.
                    (D) 25 percent shall be deposited in the Renewable 
                Energy Resource Conservation Fund established by 
                subsection (c).
            (2) Exceptions.--Paragraph (1) shall not apply to the 
        following:
                    (A) Amounts collected under section 504(g) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1764(g)).
                    (B) Amounts deposited into the National Parks and 
                Public Land Legacy Restoration Fund under section 
                200402(b) of title 54, United States Code.
            (3) Rulemaking for projects located in multiple states.--
        Not later than 180 days after the date of enactment of this 
        Act, the Secretary shall finalize a rule establishing a formula 
        for the disposition of revenues provided under subparagraph (A) 
        when a solar or wind energy project is located in more than one 
        State.
    (b) Payments to States and Counties.--
            (1) In general.--Amounts paid to States and counties under 
        subsection (a)(1) shall be used consistent with section 35 of 
        the Mineral Leasing Act (30 U.S.C. 191).
            (2) Payments in lieu of taxes.--A payment to a county under 
        paragraph (1) shall be in addition to a payment in lieu of 
        taxes received by the county under chapter 69 of title 31, 
        United States Code.
    (c) Renewable Energy Resource Conservation Fund.--
            (1) In general.--There is established in the Treasury a 
        fund to be known as the Renewable Energy Resource Conservation 
        Fund, which shall be administered by the Secretary, in 
        consultation with the Secretary of Agriculture.
            (2) Use of funds.--The Secretary may make amounts in the 
        Fund available to Federal, State, local, and Tribal agencies to 
        be distributed in regions in which renewable energy projects 
        are located on Federal land. Such amounts may be used to--
                    (A) restore and protect--
                            (i) fish and wildlife habitat for affected 
                        species;
                            (ii) fish and wildlife corridors for 
                        affected species; and
                            (iii) wetlands, streams, rivers, and other 
                        natural water bodies in areas affected by wind, 
                        geothermal, or solar energy development; and
                    (B) preserve and improve recreational access to 
                Federal land and water in an affected region through an 
                easement, right-of-way, or other instrument from 
                willing landowners for the purpose of enhancing public 
                access to existing Federal land and water that is 
                inaccessible or restricted.
            (3) Partnerships.--The Secretary may enter into cooperative 
        agreements with State and Tribal agencies, nonprofit 
        organizations, and other appropriate entities to carry out the 
        activities described in paragraph (2).
            (4) Investment of fund.--
                    (A) In general.--Amounts deposited in the Fund 
                shall earn interest in an amount determined by the 
                Secretary of the Treasury on the basis of the current 
                average market yield on outstanding marketable 
                obligations of the United States of comparable 
                maturities.
                    (B) Use.--Interest earned under subparagraph (A) 
                may be expended in accordance with this subsection.
            (5) Report to congress.--At the end of each fiscal year, 
        the Secretary shall submit a report to the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate that includes a 
        description of--
                    (A) the amount collected as described in subsection 
                (a), by source, during that fiscal year;
                    (B) the amount and purpose of payments during that 
                fiscal year to each Federal, State, local, and Tribal 
                agency under paragraph (2); and
                    (C) the amount remaining in the Fund at the end of 
                the fiscal year.
            (6) Intent of congress.--It is the intent of Congress that 
        the revenues deposited and used in the Fund shall supplement 
        (and not supplant) annual appropriations for activities 
        described in paragraph (2).

SEC. 406. INCENTIVES FOR RENEWABLE ENERGY DEVELOPMENT IN PRIORITY 
              AREAS.

    The Secretary may establish, by regulation, incentives to be 
provided to owners of wind and solar energy projects in priority areas 
established under section 403.

SEC. 407. SAVINGS CLAUSE.

    Notwithstanding any other provision of this title, the Secretary 
shall continue to manage public lands under the principles of multiple 
use and sustained yield in accordance with title I of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the 
Forest and Rangeland Renewable Resources Planning Act of 1974 (16 
U.S.C. 1600 et seq.), as applicable, including due consideration of 
mineral and nonrenewable energy-related projects and other nonrenewable 
energy uses, for the purposes of land use planning, permit processing, 
and conducting environmental reviews.

     TITLE V--MODERNIZATION OF OFFSHORE RENEWABLE ENERGY PERMITTING

SEC. 501. ESTABLISHMENT OF NATIONAL OFFSHORE WIND PERMITTING TARGET.

    (a) In General.--The Secretary of the Interior shall, in 
consultation with the Secretary of Energy and other relevant Federal 
agencies and State governments, establish and periodically update 
national goals for offshore wind energy production on the Outer 
Continental Shelf.
    (b) Minimum Production Requirements for 2030 and 2035.--Through 
management of the Outer Continental Shelf and administration of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the 
Secretary of the Interior shall seek to issue permits that, in total, 
authorize production of electricity from offshore wind energy projects 
of not less than--
            (1) 30 gigawatts of electricity by not later than 2030; and
            (2) 50 gigawatts of electricity by not later than 2035.

SEC. 502. INCREASED RESPONSIBLE DEVELOPMENT OF OFFSHORE RENEWABLE 
              ENERGY PROJECTS.

    (a) Definitions.--Section 2 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331) is amended--
            (1) in the second subsection (r), as added by section 
        50251(b)(1)(A)(iv) of Public Law 117-169--
                    (A) by redesignating such subsection (r) as 
                subsection (t); and
                    (B) by inserting after the enumerator ``State.--''; 
                and
            (2) by adding at the end the following:
    ``(u) Offshore Renewable Energy Project.--The term `offshore 
renewable energy project' means a project to carry out an activity 
described in section 8(p)(1)(C) related to wind, solar, wave, or tidal 
energy.''.
    (b) National Policy for the Outer Continental Shelf.--Section 3 of 
the Outer Continental Shelf Lands Act (43 U.S.C. 1332) is amended--
            (1) by amending paragraph (3) to read as follows:
            ``(3) the outer Continental Shelf is a vital national 
        resource reserve held by the Federal Government for the public, 
        which should be made available for expeditious and orderly 
        development, subject to environmental safeguards and 
        coexistence with other ocean users, in a manner which 
        includes--
                    ``(A) supporting the generation, transmission, and 
                storage of zero-emission electricity; and
                    ``(B) the maintenance of competition and other 
                national needs, including the need to achieve State and 
                Federal zero-emission electricity or renewable energy 
                mandates, targets, and goals;'';
            (2) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (7), respectively; and
            (3) by inserting after paragraph (4) the following:
            ``(5) the identification, development, and production of 
        lease areas for offshore renewable energy projects should be 
        determined by a robust and transparent stakeholder process that 
        incorporates engagement and input from a diverse group of ocean 
        users and other impacted stakeholders, and Federal, State, 
        Tribal, and local governments;''.
    (c) Leases, Easements, and Rights-of-Way on the Outer Continental 
Shelf.--Section 8(p) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337(p)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (B)--
                            (i) by striking ``27'' and inserting 
                        ``17'';
                            (ii) by striking ``three'' and inserting 
                        ``100''; and
                            (iii) by striking ``15'' and inserting 
                        ``100''; and
                    (B) by adding at the end the following:
            ``(C) Payments for conservation and mitigation 
        activities.--
                    ``(i) In general.--Notwithstanding section 9, the 
                Secretary shall, without appropriation or fiscal year 
                limitation, use 10 percent of the revenue received by 
                the Federal Government from royalties, fees, rents, 
                bonuses, and other payments from any lease, easement, 
                or right-of-way granted under this subsection to 
                provide grants to--
                            ``(I) State, local, and Tribal governments, 
                        and regional partnerships thereof, including 
                        Regional Ocean Partnerships, Regional Wildlife 
                        Science Collaboratives, and other similar 
                        organizations; and
                            ``(II) nonprofit organizations.
                    ``(ii) Use of grants.--Grants provided under clause 
                (i) shall be used for carrying out activities related 
                to marine and coastal habitat protection and 
                restoration, mitigation of damage to natural resources 
                and marine life that results from activities authorized 
                by this subsection, relevant research and data sharing 
                initiatives, or increasing the organizational capacity 
                of an entity described in subclause (I) or (II) of 
                clause (i) to increase the effectiveness of entities 
                that carry out such activities.
            ``(D) Offshore renewable energy compensation fund.--
        Notwithstanding section 9, the Secretary shall, without 
        appropriation or fiscal year limitation, deposit 10 percent of 
        the revenue received by the Federal Government from royalties, 
        fees, rents, bonuses, and other payments from any lease, 
        easement, or right-of-way granted under this subsection into 
        the Offshore Renewable Energy Compensation Fund established 
        under section 34.'';
            (2) by amending paragraph (3) to read as follows:
            ``(3) Leasing.--
                    ``(A) Competitive or noncompetitive basis.--The 
                Secretary shall issue a lease, easement, or right-of-
                way under paragraph (1) on a competitive basis unless 
                the Secretary determines after public notice of a 
                proposed lease, easement, or right-of-way that there is 
                no competitive interest.
                    ``(B) Schedule of offshore renewable energy lease 
                sales.--The Secretary shall, after providing an 
                opportunity for public notice and comment, publish and 
                periodically update a schedule of areas that may be 
                available for leasing in the future for offshore 
                renewable energy projects, indicating, to the extent 
                possible, the timing of site identification activities, 
                the timing of designation of any area to be leased, the 
                anticipated size of such areas, the timing of lease 
                sales, and the location of leasing activities.
                    ``(C) Multi-factor bidding.--
                            ``(i) In general.--The Secretary may 
                        consider non-monetary factors when 
                        competitively awarding leases under paragraph 
                        (1), which may include commitments made by the 
                        bidder to--
                                    ``(I) support educational, 
                                training, and skills development, 
                                including supporting or increasing 
                                access to registered apprenticeship 
                                programs and pre-apprenticeship 
                                programs that have an articulation 
                                agreement with a registered 
                                apprenticeships program for offshore 
                                renewable energy projects;
                                    ``(II) support development of 
                                domestic supply chains for offshore 
                                renewable energy projects, including 
                                development of ports and other energy 
                                infrastructure necessary to facilitate 
                                offshore renewable energy projects;
                                    ``(III) establish a community 
                                benefit agreement with one or more 
                                community or stakeholder groups that 
                                may be impacted by the development and 
                                operation of an offshore renewable 
                                energy project, which may include 
                                covered entities;
                                    ``(IV) make investments to 
                                evaluate, monitor, improve, and 
                                mitigate impacts to the health and 
                                biodiversity of ecosystems and wildlife 
                                from the development and operation of 
                                an offshore renewable energy project;
                                    ``(V) support the development and 
                                use of shared transmission 
                                infrastructure connecting to offshore 
                                renewable energy projects; and
                                    ``(VI) make other investments 
                                determined appropriate by the 
                                Secretary.
                            ``(ii) Contractual commitments.--When 
                        considering non-monetary factors under this 
                        subparagraph, the Secretary may--
                                    ``(I) evaluate the quality of 
                                commitments made by the bidder; and
                                    ``(II) reward finalized binding 
                                agreements above assurances for future 
                                commitments.
                            ``(iii) Definitions.--In this subparagraph:
                                    ``(I) Covered entity.--The term 
                                `covered entity' has the meaning given 
                                such term in section 34(k).
                                    ``(II) Registered apprenticeship 
                                program.--The term `registered 
                                apprenticeship program' means an 
                                apprenticeship program registered under 
                                the Act of August 16, 1937 (commonly 
                                known as the National Apprenticeship 
                                Act; 50 Stat. 664, chapter 663; 29 
                                U.S.C. 50 et seq.).'';
            (3) by amending paragraph (4) to read as follows:
            ``(4) Requirements.--
                    ``(A) In general.--The Secretary shall ensure that 
                any activity under this subsection is carried out in a 
                manner that provides for--
                            ``(i) safety;
                            ``(ii) protection of the environment, which 
                        includes facilitation of the generation, 
                        transmission, and storage of zero-emission 
                        electricity;
                            ``(iii) prevention of waste;
                            ``(iv) conservation of the natural 
                        resources of the outer Continental Shelf;
                            ``(v) coordination with relevant Federal 
                        agencies and State, Tribal, and local 
                        governments;
                            ``(vi) protection of national security 
                        interests of the United States;
                            ``(vii) protection of correlative rights in 
                        the outer Continental Shelf;
                            ``(viii) a fair return to the United States 
                        for any lease, easement, or right-of-way under 
                        this subsection;
                            ``(ix) reasonable uses (as determined by 
                        the Secretary) of the exclusive economic zone, 
                        the high seas, and the territorial seas;
                            ``(x) consideration of--
                                    ``(I) the location of, and any 
                                schedule relating to, a lease, 
                                easement, or right-of-way for an area 
                                of the outer Continental Shelf; and
                                    ``(II) any other use of the sea or 
                                seabed, including use for a fishery, a 
                                sealane, a potential site of a 
                                deepwater port, or navigation;
                            ``(xi) public notice and comment on any 
                        proposal submitted for a lease, easement, or 
                        right-of-way under this subsection;
                            ``(xii) oversight, inspection, research, 
                        monitoring, and enforcement relating to a 
                        lease, easement, or right-of-way under this 
                        subsection; and
                            ``(xiii) satisfaction of any applicable 
                        State and Federal renewable and clean energy 
                        mandates, targets, and goals.
                    ``(B) Project labor agreements.--
                            ``(i) In general.--Beginning not later than 
                        January 1, 2025, the Secretary shall require, 
                        as a term or condition of each lease, right-of-
                        way, and easement, as applicable, for an 
                        offshore renewable energy project that the 
                        holder of the lease, right-of-way, or easement, 
                        (and any successor or assignee) and its agents, 
                        contractors, and subcontractors engaged in the 
                        construction of any facilities for such 
                        offshore renewable energy project agree, for 
                        purposes of such construction, to negotiate and 
                        become a party to a project labor agreement 
                        with one or more labor organizations. A project 
                        labor agreement shall bind all contractors and 
                        subcontractors on the project through the 
                        inclusion of appropriate specifications in all 
                        relevant solicitation provisions and contract 
                        documents. The Secretary shall not approve a 
                        construction and operations plan with respect 
                        to any offshore renewable energy project until 
                        being assured by the lessee that such project 
                        labor agreement will be maintained for the 
                        duration of the project.
                            ``(ii) Definitions.--In this subparagraph:
                                    ``(I) Construction.--The term 
                                `construction' includes reconstruction, 
                                rehabilitation, modernization, 
                                alteration, conversion, extension, 
                                repair, or improvement of any facility, 
                                structure, or other real property 
                                (including any onshore facilities) for 
                                an offshore renewable energy project.
                                    ``(II) Labor organization.--The 
                                term `labor organization' means a labor 
                                organization as defined in section 2(5) 
                                of the National Labor Relations Act (29 
                                U.S.C. 152(5))--
                                            ``(aa) of which building 
                                        and construction employees are 
                                        members; and
                                            ``(bb) that directly, or 
                                        through its affiliates, 
                                        sponsors a registered 
                                        apprenticeship program.
                                    ``(III) Project labor agreement.--
                                The term `project labor agreement' 
                                means a pre-hire collective bargaining 
                                agreement with one or more labor 
                                organizations that establishes the 
                                terms and conditions of employment for 
                                a specific construction project and is 
                                an agreement described in section 8(e) 
                                and (f) of the National Labor Relations 
                                Act (29 U.S.C. 158(f)).
                                    ``(IV) Registered apprenticeship 
                                program.--The term `registered 
                                apprenticeship program' means an 
                                apprenticeship program registered under 
                                the Act of August 16, 1937 (commonly 
                                known as the National Apprenticeship 
                                Act; 50 Stat. 664, chapter 663; 29 
                                U.S.C. 50 et seq.).
                    ``(C) Domestic content.--
                            ``(i) In general.--With respect to the 
                        construction of facilities for an offshore 
                        renewable energy project that begins after 
                        January 1, 2032, the Secretary shall require 
                        that--
                                    ``(I) all structural iron and steel 
                                products that are (upon completion of 
                                construction) components of such 
                                facilities for an offshore renewable 
                                energy project shall be produced in the 
                                United States; and
                                    ``(II) not less than 80 percent of 
                                the total costs of all manufactured 
                                products that are (upon completion of 
                                construction) components of such 
                                facilities shall be attributable to 
                                manufactured products which are mined, 
                                produced, or manufactured in the United 
                                States.
                            ``(ii) Waiver.--The Secretary may waive the 
                        requirements of clause (i) in any case or 
                        category of cases in which the Secretary finds 
                        that--
                                    ``(I) applying clause (i) would be 
                                inconsistent with the public interest;
                                    ``(II) such products are not 
                                produced in the United States in 
                                sufficient and reasonably available 
                                quantities and of a satisfactory 
                                quality; or
                                    ``(III) the use of such products 
                                will increase the cost of the overall 
                                project by more than 25 percent.
                            ``(iii) Public notification.--If the 
                        Secretary receives a request for a waiver under 
                        this subparagraph, the Secretary shall make 
                        available to the public a copy of the request 
                        and information available to the Secretary 
                        concerning the request, and shall allow for 
                        informal public input on the request for at 
                        least 15 business days prior to making a 
                        finding based on the request. The Secretary 
                        shall make the request and accompanying 
                        information available to the public by 
                        electronic means, including on the official 
                        public Internet site of the Department of the 
                        Interior.
                            ``(iv) International agreements.--This 
                        paragraph shall be applied in a manner 
                        consistent with United States obligations under 
                        international agreements.'';
            (4) by amending paragraph (7) to read as follows:
            ``(7) Coordination and consultation.--The Secretary shall 
        provide for coordination and consultation with--
                    ``(A) the Governor of any State or the executive of 
                any local government that may be affected by a lease, 
                easement, or right-of-way under this subsection; and
                    ``(B) Indian Tribes (following the procedures of 
                the President's Memorandum of Uniform Standards for 
                Tribal Consultation, issued on November 30, 2022 (87 
                Fed. Reg. 74479), or any subsequent order) before 
                undertaking any activities under this subsection that 
                may have a direct, indirect, or cumulative impact on--
                            ``(i) the land, including allotted, ceded, 
                        or traditional land, or interests in such land 
                        of an Indian Tribe or member of an Indian 
                        Tribe;
                            ``(ii) Tribal land, cultural practices, 
                        resources, or access to traditional areas of 
                        cultural or religious importance;
                            ``(iii) any part of any Federal land that 
                        shares a border with Indian country, as such 
                        term is defined in section 1151 of title 18, 
                        United States Code;
                            ``(iv) the protected rights of an Indian 
                        Tribe, whether or not such rights are 
                        enumerated in a treaty, including water, 
                        hunting, gathering, and fishing rights;
                            ``(v) the ability of an Indian Tribe to 
                        govern or provide services to members of the 
                        Indian Tribe;
                            ``(vi) the relationship between the Federal 
                        Government and an Indian Tribe; or
                            ``(vii) the trust responsibility of the 
                        Federal Government to an Indian Tribe.'';
            (5) by amending paragraph (10) to read as follows:
            ``(10) Applicability.--
                    ``(A) In general.--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, National Wildlife Refuge System, or National 
                Marine Sanctuary System, or any National Monument.
                    ``(B) Certain transmission infrastructure.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), if otherwise authorized 
                        pursuant to the National Marine Sanctuaries Act 
                        (16 U.S.C. 1431 et seq.), the Secretary may 
                        issue a lease, easement, or right-of-way to 
                        enable the transmission of electricity 
                        generated by an offshore renewable energy 
                        project.
                            ``(ii) Terms and conditions.--In issuing a 
                        lease, easement, or right-of-way under clause 
                        (i), the Secretary may approve and regulate the 
                        construction and operation of such transmission 
                        facilities (including electrical substations 
                        and other related infrastructure) for the 
                        transmission of electricity generated by such 
                        projects in a manner that minimizes 
                        environmental impacts.
                            ``(iii) Coordination.--In regulating the 
                        construction and operation of transmission 
                        facilities and related infrastructure under 
                        clause (ii), the Secretary shall coordinate 
                        with the Secretary of Commerce to ensure the 
                        duration of any necessary authorizations of 
                        such facilities under the National Marine 
                        Sanctuaries Act aligns with the duration of the 
                        relevant leases, easements, or rights-of-way 
                        issued under clause (i).''; and
            (6) by adding at the end the following:
            ``(11) Planning area impact studies.--
                    ``(A) In general.--Beginning three years after the 
                date of enactment of this paragraph, before holding any 
                lease sale pursuant to paragraph (1) for an area, the 
                Secretary shall conduct a study of such area, or the 
                wider planning area that includes such area, in order 
                to establish information needed for assessment and 
                management of the environmental impacts on the human, 
                marine, and coastal environments of the outer 
                Continental Shelf and the coastal areas which may be 
                affected by offshore renewable energy projects in such 
                area or planning area.
                    ``(B) Inclusions.--A study conducted under 
                subparagraph (A) shall--
                            ``(i) incorporate the best available 
                        existing science and data;
                            ``(ii) identify areas for which there is 
                        insufficient science and data; and
                            ``(iii) include consideration of the 
                        cumulative impacts (including potential 
                        navigational impacts) of offshore renewable 
                        energy projects on human, marine, and coastal 
                        environments.
                    ``(C) Use of data and assessments.-- The Secretary 
                shall use the data and assessments included in studies 
                conducted under this paragraph, as appropriate, when 
                deciding--
                            ``(i) which portions of an area or region 
                        are most appropriate to make available for 
                        leasing; and
                            ``(ii) whether to issue any permit or other 
                        authorization that is necessary to carry out an 
                        offshore renewable energy project.
                    ``(D) NEPA applicability.--The Secretary shall not 
                consider a study conducted under subparagraph (A) to be 
                a major Federal action under section 102(2)(C) of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4332(2)(C)).
            ``(12) Capacity building and community engagement.--
                    ``(A) In general.--The Secretary, in consultation 
                with the Secretary of Commerce, may award grants to 
                entities to build organizational capacity and enhance 
                engagement opportunities related to offshore renewable 
                energy project development, including environmental 
                reviews and permitting activities of such projects.
                    ``(B) Purposes.--Grants awarded under subparagraph 
                (A) shall be used by entities to--
                            ``(i) enable States, Indian Tribes, 
                        affected ocean users, and nonprofit 
                        associations that represent affected ocean 
                        users to compile data, conduct analyses, 
                        educate stakeholders, and complete other 
                        activities relating to offshore renewable 
                        energy project development;
                            ``(ii) engage in planning activities and in 
                        the development of offshore wind projects for 
                        the purposes of--
                                    ``(I) determining potential 
                                economic, social, public health, and 
                                environmental benefits and impacts; and
                                    ``(II) identifying opportunities to 
                                mitigate such impacts;
                            ``(iii) facilitate siting of offshore 
                        renewable energy projects and associated 
                        electric transmission infrastructure; and
                            ``(iv) hire and train personnel, and other 
                        activities designed to increase the capacity of 
                        States, Indian Tribes, and nonprofit 
                        associations, as applicable, to carry out 
                        activities described in clauses (i) through 
                        (iii).
                    ``(C) Prioritization.--When awarding grants under 
                subparagraph (A), the Secretary shall prioritize 
                awarding grants that will be used to build 
                organizational capacity and enhance community 
                engagement opportunities of Indian Tribes.
                    ``(D) Authorization of appropriations.--There are 
                authorized to be appropriated to the Secretary to carry 
                out this paragraph $25,000,000 for each of fiscal years 
                2024 through 2028.''.
    (d) Reservations.--Section 12(a) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1341(a)) is amended to read as follows--
    ``(a) Withdrawal of Unleased Lands by the President.--
            ``(1) In general.--The President of the United States may, 
        from time to time, withdraw from disposition any of the 
        unleased lands of the outer Continental Shelf.
            ``(2) Reversal for certain offshore renewable energy 
        projects.--With respect to a withdrawal under paragraph (1) of 
        unleased lands from disposition, the President may reverse such 
        a withdrawal only to allow for leasing under section 
        (8)(p)(1)(C) and only if the President determines that 
        environmental, national security, or national or regional 
        energy conditions or demands have changed such that a reversal 
        would be in the public interest.''.
    (e) Citizen Suits, Court Jurisdiction, and Judicial Review.--
Section 23(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1349(c)(2)) is amended to read as follows:
    ``(2) Any action of the Secretary to approve, require modification 
of, or disapprove any exploration plan or development and production 
plan under this Act, or any plan, final lease, easement, or right-of-
way granted pursuant to section (8)(p)(1) (and any related final 
Federal agency actions), shall be subject to judicial review only in a 
United States court of appeals for a circuit in which an affected State 
is located.''.
    (f) Updating Regulations.--Not later than 270 days after the date 
of enactment of this section, the Secretary of the Interior shall issue 
any necessary regulations to carry out this section and the amendments 
made by this section.

SEC. 503. ESTABLISHMENT OF OFFSHORE RENEWABLE ENERGY COMPENSATION FUND.

    The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is 
amended by adding at the end the following:

``SEC. 34. OFFSHORE RENEWABLE ENERGY COMPENSATION FUND.

    ``(a) Establishment.--There is established in the Treasury of the 
United States the Offshore Renewable Energy Compensation Fund, which 
shall be used by the Secretary, or a third-party the Secretary enters 
into a contract with, to provide to covered entities--
            ``(1) payments for claims--
                    ``(A) described under subsection (f)(1); and
                    ``(B) verified pursuant to subsection (d)(1); and
            ``(2) grants to carry out mitigation activities described 
        in subsection (f)(2).
    ``(b) Availability of Fund.--The Fund shall be available to the 
Secretary without fiscal year limitations for the purpose of providing 
payments and grants under subsection (a).
    ``(c) Accounts.--The Fund shall--
            ``(1) consist of the royalties, fees, rents, bonuses, and 
        other payments deposited under section 8(p)(2)(D); and
            ``(2) be divided into separate area accounts from which 
        payments and grants shall be provided based on the area in 
        which damages occur.
    ``(d) Regulations.--The Secretary shall establish, by regulation, a 
process to--
            ``(1) file, process, and verify claims for purposes of 
        providing payments under subsection (a)(1); and
            ``(2) apply for a grant provided under subsection (a)(2).
    ``(e) Payment Amount.--Payments provided under subsection (a)(1) 
shall--
            ``(1) be based on the scope of the verified claim;
            ``(2) be fair and provided efficiently and in a transparent 
        manner; and
            ``(3) if the covered entity receiving the payment has or 
        will receive direct compensation for the verified claim 
        pursuant to a community benefit agreement or other agreement 
        between such covered entity and a holder of a lease, easement, 
        or right-of-way, be reduced by an amount that is equal to the 
        amount of such direct compensation.
    ``(f) Claims; Mitigation Grants.--
            ``(1) Claims.--A payment may be provided under subsection 
        (a)(1) for a verified claim to--
                    ``(A) replace or repair gear that was lost or 
                damaged by the development, construction, operation, or 
                decommissioning of an offshore renewable energy 
                project; or
                    ``(B) replace income that was lost from the 
                development, construction, operation, or 
                decommissioning of an offshore renewable energy 
                project.
            ``(2) Mitigation grants.--If the Secretary determines that 
        there are sufficient amounts in an area account of the Fund to 
        provide payments for all verified claims at any given time, the 
        Secretary may use amounts in the Fund to provide grants to 
        covered entities, and other entities determined appropriate by 
        the Secretary, to mitigate the potential effects of 
        development, construction, operation, and decommissioning of an 
        offshore renewable energy project, including by paying for gear 
        changes, navigation technology improvements, and other measures 
        to enhance the safety and resiliency of the covered entities 
        near an offshore renewable energy project.
    ``(g) Advisory Group.--
            ``(1) In general.--The Secretary shall establish and 
        regularly convene an advisory group that shall provide 
        recommendations on the development and administration of this 
        section.
            ``(2) Membership.--The advisory group shall--
                    ``(A) be comprised of individuals--
                            ``(i) appointed by the Secretary; and
                            ``(ii) representing the geographic 
                        diversity of areas impacted by the development, 
                        construction, operation, or decommissioning of 
                        offshore renewable energy projects; and
                    ``(B) include representatives from--
                            ``(i) recreational fishing interests;
                            ``(ii) commercial fishing interests;
                            ``(iii) Tribal fishing interests;
                            ``(iv) the National Marine Fisheries 
                        Services;
                            ``(v) the fisheries science community; and
                            ``(vi) other fields of expertise necessary 
                        to effectively develop and administer this 
                        section, as determined by the Secretary.
            ``(3) Travel expenses.--The Secretary may provide amounts 
        to any member of the advisory group to pay for travel expenses, 
        including per diem in lieu of subsistence, at rates authorized 
        for an employee of an agency under section 5703 of title 5, 
        United States Code, while away from the home or regular place 
        of business of the member in the performance of the duties of 
        the advisory group.
    ``(h) Insufficient Funds.--
            ``(1) In general.--If the Secretary determines that an area 
        account does not contain a sufficient amount to provide 
        payments under subsection (a)(1), the Secretary may, not more 
        than once each calendar year, require any holder of an offshore 
        renewable energy lease located within the area covered by the 
        area account to pay an amount specified by the Secretary, which 
        shall be deposited into such area account.
            ``(2) Amount.--No holder of an offshore renewable energy 
        lease shall be required to pay an amount under paragraph (1) in 
        excess of $3 per acre of the leased land described in paragraph 
        (1).
    ``(i) Administrative Expenses.--The Secretary may use up to 15 
percent of the amount deposited into the Fund under section 8(p)(2)(D) 
during a given fiscal year for administrative expenses to carry out 
this section.
    ``(j) Annual Report.--The Secretary shall submit to Congress, and 
make publicly available, an annual report on activities carried out 
under this section, including a description of claims filed and the 
amount of payments and grants provided.
    ``(k) Definitions.--In this section:
            ``(1) Covered entity.--The term `covered entity' means--
                    ``(A) a community, stakeholder, or Tribal 
                interest--
                            ``(i) that uses a geographic space of a 
                        lease area, or uses resources harvested from a 
                        geographic space of a lease area; and
                            ``(ii) for which such use is directly and 
                        adversely impacted by the development, 
                        construction, operation, or decommissioning of 
                        an offshore renewable energy project located in 
                        such leased area; or
                    ``(B) a regional association, cooperative, non-
                profit organization, commission, or corporation that--
                            ``(i) serves a community, stakeholder, or 
                        Tribal interest described in subparagraph (A); 
                        and
                            ``(ii) acts on behalf of such a community, 
                        stakeholder, or Tribal interest for purposes of 
                        this section, including by submitting a claim 
                        for a covered entity.
            ``(2) Fund.--The term `Fund' means the Offshore Renewable 
        Energy Compensation Fund established under subsection (a).
            ``(3) Lease area.--The term `lease area' means an area 
        covered by an offshore renewable energy lease.
            ``(4) Offshore renewable energy lease.--The term `offshore 
        renewable energy lease' means a lease, easement, or right-of-
        way granted under section 8(p)(1)(C).''.

                  TITLE VI--EMPOWERMENT OF COMMUNITIES

SEC. 601. ESTABLISHMENT OF OFFICE OF ENVIRONMENTAL JUSTICE AND EXTERNAL 
              CIVIL RIGHTS.

    (a) Establishment.--The Administrator of the Environmental 
Protection Agency shall maintain within the Environmental Protection 
Agency an Office of Environmental Justice and External Civil Rights 
(referred to in this section as the ``Office'')--
            (1) to lead the agency-wide effort of the Environmental 
        Protection Agency in addressing the needs of communities with 
        environmental justice concerns;
            (2) to maximize the benefits of programs and activities of 
        the Environmental Protection Agency to communities with 
        environmental justice concerns; and
            (3) to enforce title VI of the Civil Rights Act of 1964 and 
        other Federal civil rights laws, which together prohibit 
        discrimination by applicants for and recipients of financial 
        assistance from the Environmental Protection Agency.
    (b) Assistant Administrator for Environmental Justice and External 
Civil Rights.--The Office shall be led by an Assistant Administrator 
for Environmental Justice and External Civil Rights (referred to in 
this section as the ``Assistant Administrator''), to be appointed by 
the President, with the advice and consent of the Senate.
    (c) Duties.--The duties of the Office shall include--
            (1) supporting the mission of the Environmental Protection 
        Agency by providing leadership on environmental justice and 
        external civil rights in the programs and activities of the 
        Environmental Protection Agency, in collaboration with other 
        Federal agencies and partners;
            (2) coordinating implementation of the environmental 
        justice and external civil rights programs and activities 
        described in paragraph (1) across--
                    (A) national programs and regions of the 
                Environmental Protection Agency; and
                    (B) partnerships the Environmental Protection 
                Agency has with other agencies and partners in State, 
                Tribal, and local governments and communities;
            (3) providing resources and other technical assistance on 
        civil rights and environmental justice to partners in State, 
        Tribal, and local governments and communities;
            (4) engaging with communities with environmental justice 
        concerns;
            (5) providing support for community-led action relating to 
        environmental justice; and
            (6) providing service and expertise in alternative dispute 
        resolution, environmental conflict resolution, consensus-
        building, and collaborative problem solving through the 
        Conflict Prevention and Resolution Center of the Environmental 
        Protection Agency.

SEC. 602. ESTABLISHMENT OF WHITE HOUSE ENVIRONMENTAL JUSTICE 
              INTERAGENCY COUNCIL.

    (a) In General.--The President shall maintain within the Executive 
Office of the President a White House Environmental Justice Interagency 
Council (referred to in this section as the ``Council'').
    (b) Purposes.--The purposes of the Council are--
            (1) to improve coordination and collaboration among 
        agencies and to help advise and assist agencies in identifying 
        and addressing, as appropriate, the disproportionate human 
        health and environmental effects of Federal programs, policies, 
        practices, and activities on communities of color, low-income 
        communities, and Tribal and Indigenous communities;
            (2) to promote meaningful involvement and due process in 
        the development, implementation, and enforcement of 
        environmental laws;
            (3) to coordinate with, and provide direct guidance and 
        technical assistance to, environmental justice communities, 
        with a focus on increasing--
                    (A) community understanding of the science, 
                regulations, and policy related to agency actions on 
                environmental justice issues; and
                    (B) community capacity to address environmental 
                justice issues;
            (4) to address environmental health, pollution, and public 
        health burdens in environmental justice communities, and build 
        healthy, sustainable, and resilient communities;
            (5) to develop and update an interagency Federal 
        environmental justice strategy, as described in subsection 
        (g)(1);
            (6) to annually publish a public performance scorecard, as 
        described in subsection (g)(2); and
            (7) to support and facilitate interagency collaboration on 
        Federal and State programs and activities related to 
        environmental justice, including the development of materials 
        for environmental justice training to build the capacity of 
        Federal employees to advance environmental justice and to 
        increase the meaningful participation of individuals from 
        communities with environmental justice concerns in Federal 
        activities.
    (c) Composition.--
            (1) In general.--The Council shall be composed of 
        individuals described in the text amended by section 7(a) of 
        Executive Order 14096 (88 Fed. Reg. 25251; relating to 
        Revitalizing Our Nation's Commitment to Environmental Justice 
        for All).
            (2) Additional members.--The Council may include additional 
        individuals from independent agencies, including individuals 
        from the Nuclear Regulatory Commission and the Federal Energy 
        Regulatory Commission, as determined appropriate by the Chair 
        of the Council on Environmental Quality (referred to in this 
        section as the ``Chair'').
    (d) Governance.--The Chair shall serve as a member and Chairperson 
of the Council.
    (e) Reporting to President.--The Council shall report to the 
President through the Chair.
    (f) Uniform Consideration Guidance.--
            (1) In general.--To ensure that there is a common level of 
        understanding of terminology used in dealing with environmental 
        justice issues, not later than 1 year after the date of 
        enactment of this Act, after coordinating with and conducting 
        outreach to environmental justice communities, State 
        governments, Tribal Governments, and local governments, the 
        Council shall develop and publish in the Federal Register a 
        guidance document to assist agencies in defining and applying 
        terms relating to--
                    (A) health disparities;
                    (B) environmental exposure disparities;
                    (C) demographic characteristics, including age, 
                sex, race, and ethnicity;
                    (D) social stressors, including poverty, housing 
                quality, access to health care, education, immigration 
                status, linguistic isolation, historical trauma, and 
                lack of community resources;
                    (E) cumulative effects or risks;
                    (F) community vulnerability or susceptibility to 
                adverse human health and environmental effects, 
                including climate change;
                    (G) barriers to meaningful involvement in the 
                development, implementation, and enforcement of 
                environmental laws; and
                    (H) community capacity to address environmental 
                concerns, including the capacity to obtain equitable 
                access to environmental amenities.
            (2) Public comment.--For a period of not less than 60 days, 
        the Chair shall seek public comment on the guidance document 
        developed under paragraph (1).
    (g) Development of Interagency Federal Environmental Justice 
Strategy.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this section, after notice and opportunity for 
        public comment, the Council, in consultation with the White 
        House Environmental Justice Advisory Council and local 
        environmental justice leaders, shall develop a coordinated 
        interagency Federal environmental justice strategy to address 
        current and historical environmental injustice, which shall 
        include clear performance metrics to ensure accountability. The 
        Council shall update said strategy not less frequently than 
        once every 3 years, after notice and opportunity for public 
        comment.
            (2) Annual performance scorecard.--The Council shall 
        annually publish a public performance scorecard on the 
        implementation of the interagency Federal environmental justice 
        strategy.
    (h) Submission of Report to President.--
            (1) In general.--Not later than 180 days after updating the 
        interagency Federal environmental justice strategy under 
        subsection (g)(1), the Chair shall submit to the President a 
        report that contains a description of the implementation of the 
        interagency Federal environmental justice strategy.
            (2) Public availability.--The head of each agency that is a 
        member of the Council shall make each report described in 
        paragraph (1) available to the public (including by posting a 
        copy of the report on the website of each agency).
    (i) Administration.--
            (1) Office of administration.--The Office of Administration 
        within the Executive Office of the President shall provide 
        funding and administrative support for the Council, to the 
        extent permitted by law and within existing appropriations.
            (2) Other agencies.--To the extent permitted by law and 
        subject to the availability of appropriations, the Secretary of 
        Labor, the Secretary of Transportation, and the Administrator 
        of the Environmental Protection Agency shall provide 
        administrative support for the Council, as necessary.
    (j) Meetings and Staff.--
            (1) Chairperson.--The Chair shall--
                    (A) convene regular meetings of the Council;
                    (B) determine the agenda of the Council in 
                accordance with this section; and
                    (C) direct the work of the Council.
            (2) Executive director.--The Chair shall designate an 
        Executive Director of the Council, who shall coordinate the 
        work of, and head any staff assigned to, the Council.
    (k) Officers.--To facilitate the work of the Council, the head of 
each agency that is a member of the Council shall designate an 
Environmental Justice Officer within the agency, with the authority--
            (1) to represent the agency on the Council; and
            (2) to perform such other duties relating to the 
        implementation of this section within the agency as the head of 
        the agency determines to be appropriate.
    (l) Establishment of Subgroups.--At the direction of the Chair, the 
Council may establish 1 or more subgroups consisting exclusively of 
Council members or their designees under this section, as appropriate.

SEC. 603. PROHIBITION ON DISPARATE IMPACT DISCRIMINATION.

    Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is 
amended--
            (1) by striking ``No'' and inserting ``(a) No''; and
            (2) by adding at the end the following:
    ``(b)(1)(A) Discrimination (including exclusion from participation 
and denial of benefits) based on disparate impact is established under 
this title if--
                    ``(i) an entity subject to this title (referred to 
                in this title as a `covered entity') has a program, 
                policy, practice, or activity that causes a disparate 
                impact on the basis of race, color, or national origin 
                and the covered entity fails to demonstrate that the 
                challenged program, policy, practice, or activity is 
                related to and necessary to achieve the 
                nondiscriminatory goal of the program, policy, 
                practice, or activity alleged to have been operated in 
                a discriminatory manner; or
                    ``(ii) a less discriminatory alternative program, 
                policy, practice, or activity exists, and the covered 
                entity refuses to adopt such alternative program, 
                policy, practice, or activity.
    ``(B) With respect to demonstrating that a particular program, 
policy, practice, or activity does not cause a disparate impact, the 
covered entity shall demonstrate that each particular challenged 
program, policy, practice, or activity does not cause a disparate 
impact, except that if the covered entity demonstrates to the courts 
that the elements of the covered entity's decision-making process are 
not capable of separation for analysis, the decision-making process may 
be analyzed as 1 program, policy, practice, or activity.
    ``(2) A demonstration that a program, policy, practice, or activity 
is necessary to achieve the goals of a program, policy, practice, or 
activity may not be used as a defense against a claim of intentional 
discrimination under this title.
    ``(3) No person in the United States shall be subjected to 
discrimination, including retaliation or intimidation, because such 
person opposed any program, policy, practice, or activity prohibited by 
this title, or because such person made a charge, testified, assisted, 
or participated in any manner in an investigation, proceeding, or 
hearing under this title.
    ``(4) In this subsection--
            ``(A) the term `demonstrates' means to meet the burdens of 
        going forward with the evidence and of persuasion; and
            ``(B) the term `disparate impact' means an action or 
        practice that, even if appearing neutral, actually has the 
        effect of subjecting persons to discrimination on the basis of 
        their race, color, or national origin.''.

SEC. 604. PROVISION FOR RIGHT OF ACTION.

    (a) In General.--Section 602 of the Civil Rights Act of 1964 (42 
U.S.C. 2000d-1) is amended--
            (1) by inserting ``(a)'' before ``Each Federal department 
        and agency which is empowered''; and
            (2) by adding at the end the following:
    ``(b) Any person aggrieved by the failure to comply with this 
title, including any regulation promulgated pursuant to this title, may 
file suit in any district court of the United States having 
jurisdiction of the parties, without respect to the amount in 
controversy and without regard to the citizenship of the parties.''.
    (b) Effective Date.--
            (1) In general.--This section, including the amendments 
        made by this section, takes effect on the date of enactment of 
        this Act.
            (2) Application.--This section, including the amendments 
        made by this section, applies to all actions or proceedings 
        pending on or after the date of enactment of this Act.

SEC. 605. PROVISION FOR RIGHTS OF RECOVERY.

    Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
is amended by inserting after section 602 the following:

``SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS.

    ``(a) Claims Based on Proof of Intentional Discrimination.--In an 
action brought by an aggrieved person under this title against an 
entity subject to this title (referred to in this section as a `covered 
entity') who has engaged in unlawful intentional discrimination (not a 
practice that is unlawful because of its disparate impact) prohibited 
under this title (including its implementing regulations), the 
aggrieved person may recover equitable and legal relief (including 
compensatory and punitive damages), attorney's fees (including expert 
fees), and costs of the action, except that punitive damages are not 
available against a government, government agency, or political 
subdivision.
    ``(b) Claims Based on the Disparate Impact Standard of Proof.--In 
an action brought by an aggrieved person under this title against a 
covered entity who has engaged in unlawful discrimination based on 
disparate impact prohibited under this title (including implementing 
regulations), the aggrieved person may recover attorney's fees 
(including expert fees), and costs of the action.
    ``(c) Definitions.--In this section:
            ``(1) Aggrieved person.--The term `aggrieved person' means 
        a person aggrieved by discrimination on the basis of race, 
        color, or national origin.
            ``(2) Disparate action.--The term `disparate impact' means 
        an action or practice that, even if appearing neutral, actually 
        has the effect of subjecting persons to discrimination on the 
        basis of their race, color, or national origin.''.

SEC. 606. REQUIREMENT FOR COMMUNITY IMPACT REPORTS.

    (a) Purpose.--The purpose of this section is to establish 
additional protections relating to Federal actions affecting 
environmental justice communities in recognition of the 
disproportionate burden of adverse environmental and public health 
impacts faced by such communities.
    (b) Preparation of a Community Impact Report.--
            (1) In general.--A lead agency proposing to take a Federal 
        action shall prepare and make publicly available a community 
        impact report that assesses the potential for the proposed 
        Federal action to have adverse environmental and public health 
        impacts on environmental justice communities.
            (2) Contents.--
                    (A) In general.--A community impact report 
                described in paragraph (1) shall--
                            (i) assess the degree to which the proposed 
                        Federal action has the potential to cause 
                        multiple exposures or cumulative exposure to 
                        human health or environmental hazards that 
                        influence, exacerbate, or contribute to adverse 
                        health outcomes of any affected environmental 
                        justice communities;
                            (ii) assess relevant public health data and 
                        industry data concerning how the proposed 
                        Federal action may affect the potential for 
                        multiple exposures or cumulative exposure to 
                        human health or environmental hazards in the 
                        geographic area of the affected environmental 
                        justice community;
                            (iii) assess legacy pollution in the 
                        geographic area of any affected environmental 
                        justice community, including historical 
                        patterns of exposure to human health or 
                        environmental hazards;
                            (iv) assess the impact of the proposed 
                        Federal action on the ability of any affected 
                        environmental justice community to access 
                        public parks, outdoor spaces, and public 
                        recreation opportunities;
                            (v) evaluate alternatives to and mitigation 
                        measures for the proposed Federal action that 
                        will--
                                    (I) eliminate or reduce any 
                                exposure to human health and 
                                environmental hazards assessed under 
                                clause (i) to a level that is 
                                reasonably expected to avoid human 
                                health impacts from such exposure in 
                                the geographic area of any affected 
                                environmental justice community; and
                                    (II) not negatively impact the 
                                ability of any affected environmental 
                                justice community to access public 
                                parks, outdoor spaces, and public 
                                recreation opportunities;
                            (vi) analyze any alternative developed by 
                        members of an affected environmental justice 
                        community that meets the purpose and need to 
                        which the agency is responding in proposing the 
                        alternatives, including the proposed action;
                            (vii) assess the impact of the proposed 
                        Federal action on access to reliable energy and 
                        on electricity prices for low-income 
                        communities, minority communities, Indian 
                        Tribes, and senior citizens;
                            (viii) assess the impact of the proposed 
                        Federal action on the potential for drought, 
                        domestic food availability, and domestic food 
                        prices; and
                            (ix) assess the impact of the proposed 
                        Federal action on the ability of the Federal 
                        Government to achieve the carbon pollution 
                        reduction and elimination goals established 
                        under Executive Order 14057 (86 Fed. Reg. 
                        70935; relating to Catalyzing Clean Energy 
                        Industries and Jobs Through Federal 
                        Sustainability).
                    (B) Scope of assessments, evaluation, and 
                analysis.--In assessing, evaluating, and analyzing the 
                matters described in clauses (i) through (vi) of 
                subparagraph (A), the lead agency shall assess multiple 
                and cumulative effects, including effects that are not 
                within the control of the lead agency or any 
                participating Federal agencies.
            (3) Delegation.--A lead agency may not delegate 
        responsibility for the preparation of a community impact report 
        described in paragraph (1) to any non-Federal entity. This 
        paragraph does not affect the ability of a lead agency to enter 
        into a contract with a third party to assist with the 
        preparation of a community impact report described in paragraph 
        (1).
            (4) Agency determination.--Any determination by a lead 
        agency related to any assessment, evaluation, or analysis 
        included in a community impact report described in paragraph 
        (1) shall be subject to judicial review to the same extent as 
        any other analysis performed under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 607. ENGAGEMENT WITH ENVIRONMENTAL JUSTICE COMMUNITIES AND INDIAN 
              TRIBES IN NEPA REVIEWS.

    (a) National Environmental Policy Act Requirements for 
Environmental Justice Communities.--
            (1) In general.--When carrying out the requirements of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) by preparing an environmental document for a proposed 
        Federal action that may have reasonably foreseeable adverse 
        public health or environmental impacts on an environmental 
        justice community, a lead agency shall--
                    (A) hold a public comment period carried out during 
                the scoping for the Federal action for not less than 90 
                days;
                    (B) provide early and meaningful opportunities for 
                any affected environmental justice community to be 
                involved in the environmental review process of the 
                proposed Federal action by--
                            (i) holding multiple hearings in each 
                        affected environmental justice community 
                        regarding the proposed Federal action in each 
                        language spoken by more than 5 percent of the 
                        population of each affected environmental 
                        justice community, at times and locations that 
                        are accessible to members of such affected 
                        environmental justice communities; and
                            (ii) providing notice to any representative 
                        entities or organizations present in any 
                        affected environmental justice community of any 
                        step or action in the process related to the 
                        preparation of any environmental document for 
                        the proposed Federal action that involves 
                        public participation, which may include 
                        providing notice to--
                                    (I) local religious organizations;
                                    (II) civic associations and 
                                organizations;
                                    (III) business associations of 
                                people of color;
                                    (IV) environmental organizations 
                                and environmental justice 
                                organizations, including community-
                                based grassroots organizations led by 
                                people of color;
                                    (V) homeowners, tenants, and 
                                neighborhood watch groups;
                                    (VI) local governments and Tribal 
                                Governments;
                                    (VII) rural cooperatives;
                                    (VIII) business and trade 
                                organizations;
                                    (IX) community and social service 
                                organizations;
                                    (X) universities, colleges, and 
                                vocational schools;
                                    (XI) labor and other worker 
                                organizations;
                                    (XII) civil rights organizations;
                                    (XIII) senior citizens' groups; and
                                    (XIV) public health agencies and 
                                clinics;
                    (C) provide translations of any environmental 
                documents made publicly available pursuant to that Act 
                in any language spoken by more than 5 percent of the 
                population of an affected environmental justice 
                community; and
                    (D) consider all potential direct, indirect, and 
                cumulative impacts caused by the action, alternatives 
                to such action, and mitigation measures on the 
                environmental justice community required by that Act.
            (2) Communication methods and requirements.--Any notice 
        provided under paragraph (1)(B)(ii) shall be provided--
                    (A) through communication methods that are 
                accessible to the environmental justice community, 
                which may include electronic media, virtual meetings, 
                newspapers, radio, direct mailings, canvassing, and 
                other outreach methods particularly targeted at 
                communities of color, low-income communities, and 
                Tribal and Indigenous communities; and
                    (B) at least 30 days before the applicable public 
                comment period or hearing is held.
    (b) National Environmental Policy Act Requirements for Indian 
Tribes.--When carrying out the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by preparing 
an environmental document for a proposed Federal action that may affect 
an Indian Tribe, a lead agency shall--
            (1) seek Tribal representation in the process in a manner 
        that is consistent with the government-to-government 
        relationship between the United States and Tribal Governments, 
        the Federal Government's trust responsibility to Indian Tribes, 
        and any treaty rights; and
            (2) invite affected Indian Tribes to be cooperating 
        agencies under section 107(a)(3) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4336a(a)(3)), including with 
        regard to any Federal action that could impact off reservation 
        lands and sacred sites, not later than the date on which the 
        scoping process for a proposed Federal action requiring the 
        preparation of an environmental document commences.

SEC. 608. REQUIREMENT OF NOTICES OF INTENT TO PREPARE ENVIRONMENTAL 
              DOCUMENTS.

    (a) Notices of Intent To Prepare Environmental Documents.--When the 
lead agency publishes a notice of intent to prepare an environmental 
impact statement or an environmental assessment for a Federal action, 
the lead agency shall include in such notice of intent the following:
            (1) A description of the proposed Federal action.
            (2) An outline of the anticipated schedule for completing 
        the process under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), with a description of key milestones.
            (3) To the extent possible, an initial list of other 
        existing or proposed sources of multiple or cumulative exposure 
        to environmental hazards that contribute to higher rates of 
        serious illnesses within any affected environmental justice 
        community.
            (4) An agency point of contact, or the points of contact if 
        there is more than one lead agency.
            (5) Identification of locations where comments will be 
        received or hearings held, if known as of the date on which the 
        notice of intent is published.
            (6) Any telephone number or locations where further 
        information with respect to the preparation of the 
        environmental document can be obtained.
    (b) Effective Date.--Subsection (a) shall take effect 1 year after 
the date of enactment of this Act.

SEC. 609. AVOIDANCE OF CUMULATIVE IMPACTS THROUGH NEPA.

    (a) Revision.--Section 101(a) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4331(a)) is amended--
            (1) by striking ``man's'' and inserting ``human''; and
            (2) by striking ``man'' each place it appears and inserting 
        ``humankind''.
    (b) Cooperation of Agencies; Reports; Availability of Information; 
Recommendations; International and National Coordination of Efforts.--
Section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332) is amended--
            (1) by striking ``The Congress authorizes and directs that, 
        to the fullest extent possible:'' and inserting ``The Congress 
        authorizes and directs that, notwithstanding any other 
        provision of law and to the fullest extent possible:''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``man's'' and 
                inserting ``the human'';
                    (B) in subparagraph (C)--
                            (i) in clause (iii), by inserting ``and 
                        that, where applicable, do not cause or 
                        contribute to adverse cumulative effects, 
                        including effects caused by exposure to 
                        environmental pollution, on an overburdened 
                        community that are higher than those borne by 
                        other communities within the State, county, or 
                        other geographic unit of analysis as determined 
                        by the agency preparing or having taken primary 
                        responsibility for preparing the environmental 
                        document pursuant to this Act, except that 
                        where the agency determines that an alternative 
                        will serve a compelling public interest in the 
                        affected overburdened community with conditions 
                        to protect public health'' after ``purpose and 
                        need of the proposal''; and
                            (ii) in clause (iv)--
                                    (I) by striking ``man's'' and 
                                inserting ``humankind's''; and
                                    (II) by striking the ``and'' at the 
                                end;
                    (C) in subparagraph (F), by inserting ``that are 
                consistent with subparagraph (C)(iii)'' after 
                ``feasible alternatives''; and
                    (D) in subparagraph (I), by striking ``mankind's'' 
                and inserting ``humankind's''.
    (c) Definitions.--Section 111 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4336e) is amended--
            (1) by redesignating paragraphs (10), (11), (12), and (13) 
        as paragraphs (13), (15), (16), and (17), respectively;
            (2) by inserting after paragraph (9) the following:
            ``(10) Effect; impact.--The terms `effect' and `impact' 
        mean changes to the human environment from the proposed action 
        or alternatives that are reasonably foreseeable and include the 
        following:
                    ``(A) Direct effects, which are caused by the 
                action and occur at the same time and place.
                    ``(B) Indirect effects, which are caused by the 
                action and are later in time or farther removed in 
                distance, but are still reasonably foreseeable. 
                Indirect effects may include growth inducing effects 
                and other effects related to induced changes in the 
                pattern of land use, population density or growth rate, 
                and related effects on air and water and other natural 
                systems, including ecosystems.
                    ``(C) Cumulative effects, which are effects on the 
                environment that result from the incremental effects of 
                the action when added to the effects of other past, 
                present, and reasonably foreseeable actions regardless 
                of what agency (Federal or non-Federal) or person 
                undertakes such other actions. Cumulative effects can 
                result from individually minor but collectively 
                significant actions taking place over a period of time.
                    ``(D) Effects that are ecological (such as the 
                effects on natural resources and on the components, 
                structures, and functioning of affected ecosystems), 
                aesthetic, historic, cultural, economic, social, or 
                health, whether direct, indirect, or cumulative. 
                Effects may also include those resulting from actions 
                which may have both beneficial and detrimental effects, 
                even if on balance the agency believes that the effects 
                will be beneficial.
            ``(11) Limited english proficiency.--The term `limited 
        English proficiency' means that a household does not have an 
        adult that speaks English very well according to the United 
        States Census Bureau.
            ``(12) Low-income household.--The term `low-income 
        household' means a household that is at or below twice the 
        poverty threshold as that threshold is determined annually by 
        the United States Census Bureau.'';
            (3) by inserting after paragraph (13), as so redesignated, 
        the following:
            ``(14) Overburdened community.--The term `overburdened 
        community' means any census block group, as determined in 
        accordance with the most recent United States Census, in 
        which--
                    ``(A) at least 35 percent of the households qualify 
                as low-income households;
                    ``(B) at least 40 percent of the residents identify 
                as minority or as members of a Tribal or Indigenous 
                community; or
                    ``(C) at least 40 percent of the households have 
                limited English proficiency.''; and
            (4) by adding at the end the following:
            ``(18) Tribal or indigenous community.--The term `Tribal or 
        Indigenous community' means a community of people who are 
        members of--
                    ``(A) a federally recognized Indian Tribe;
                    ``(B) a State-recognized Indian Tribe;
                    ``(C) an Alaska Native or Native Hawaiian community 
                or organization; or
                    ``(D) any other community of Indigenous people 
                located in a State or territory of the United 
                States.''.

SEC. 610. INCLUSION OF GREENHOUSE GAS PROJECTIONS IN NEPA REVIEWS.

    (a) Requirement.--In preparing an environmental document for a 
proposed major Federal action, the lead agency shall consider the 
potential effects of--
            (1) the proposed major Federal action on climate change; 
        and
            (2) the effects of climate change on the proposed major 
        Federal action.
    (b) Quantifying Effects.--In considering the effects described 
under subsection (a), the lead agency shall--
            (1) quantify the reasonably foreseeable direct and indirect 
        greenhouse gas emissions of the proposed major Federal action 
        and reasonable alternatives;
            (2) utilize the best available estimates of the social cost 
        of carbon, as determined by the Chair of the Council on 
        Environmental Quality; and
            (3) identify alternatives and mitigation measures to avoid 
        or reduce greenhouse gas emissions of the proposed major 
        Federal action.
    (c) Social Cost of Carbon Defined.--In this section, the term 
``social cost of carbon'' means a quantification, in dollars, of the 
long-term damage caused by a ton of carbon dioxide emissions in a given 
year.

SEC. 611. ESTABLISHMENT OF COMMUNITY BENEFITS AGREEMENTS.

    (a) Consideration in NEPA.--When carrying out the requirements of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
by preparing an environmental document for a proposed major Federal 
action that may have reasonably foreseeable adverse public health or 
environmental impacts, the lead agency shall take into consideration 
whether a project sponsor has entered into a community benefits 
agreement with a State, a unit of local government, an Indian Tribe, a 
labor organization, or a community benefits organization that may 
include the disbursement of funds for social, economic, or 
environmental benefits that will--
            (1) offset adverse impacts resulting from the construction 
        or operation of the proposed major Federal action; or
            (2) address legacy or historical harm or adverse cumulative 
        social, economic, or environmental impacts in the location in 
        which the proposed major Federal action is to be carried out.
    (b) Projects Requiring Environmental Impact Statements.--The lead 
agency with respect to a proposed project that requires the preparation 
of an environmental impact statement may require the project sponsor to 
enter into a community benefits agreement with a State, a unit of local 
government, an Indian Tribe, a labor organization, or a community 
benefits organization to offset, in full or in part, any significant 
adverse social, economic, or environmental impacts that would result 
from the construction or operation of the project.
    (c) Considerations.--In determining whether to require a project 
sponsor to enter into a community benefits agreement under subsection 
(c), the lead agency shall consider--
            (1) the available resources of the project sponsor;
            (2) the scale of the project and degree of impacts, 
        including cumulative impacts to communities with environmental 
        justice concerns; and
            (3) the benefits from the project to be received by the 
        community or communities, relative to the adverse impacts 
        resulting from the project.
    (d) Negotiation.--
            (1) In sponsor.--A community benefits agreement shall be 
        negotiated between the project sponsor and the State, unit of 
        local government, Indian Tribe, labor organization, or 
        community benefits organization, as applicable.
            (2) Technical assistance.--On request of a State, unit of 
        local government, Indian Tribe, or a community benefits 
        organization the lead agency may provide technical assistance 
        to the State, unit of local government, Indian Tribe, labor 
        organization, or community benefits organization in developing 
        and negotiating a community benefits agreement.
            (3) Third party neutral.--For a community benefits 
        agreement required by a lead agency under subsection (b), the 
        lead agency--
                    (A) may request a representative of the Conflict 
                Prevention and Resolution Center of the Environmental 
                Protection Agency or the John S. McCain III National 
                Center for Environmental Conflict Resolution to act as 
                a neutral third party in the negotiation and 
                preparation of the community benefits agreement; and
                    (B) shall reimburse the Environmental Protection 
                Agency (unless the lead agency is the Environmental 
                Protection Agency) or the Udall Foundation for the 
                reasonable costs of that service.
            (4) Mechanism for holding funds.--Negotiation relating to a 
        community benefits agreement shall address the mechanism 
        through which funds associated with the community benefits 
        agreement will be held and dispersed, such as through a trust 
        fund or similar instrument.
    (e) Use of Funds.--Funds received by a State, unit of local 
government, Indian Tribe, labor organization, or community benefits 
organization under a community benefits agreement shall be used for any 
activity or the construction or modification of infrastructure that--
            (1) is beneficial to communities affected by the applicable 
        project;
            (2) is identified as a priority by any State, unit of local 
        government, or Indian Tribe that is a party to the community 
        benefits agreement; and
            (3) is inclusive of labor organizations capable of 
        completing construction or modification.
    (f) Definitions.--In this section:
            (1) Community benefits agreement.--The term ``community 
        benefits agreement''--
                    (A) means an agreement to carry out activities to 
                address historical or legacy impacts that continue to 
                contribute to cumulative impacts that are identified 
                under a community impact report prepared under section 
                606; and
                    (B) includes--
                            (i) commitments by a project sponsor to 
                        hire members of the local workforce during 
                        construction, operation, or maintenance of the 
                        applicable project; and
                            (ii) the disbursement of funds for social, 
                        economic, or environmental benefits that will--
                                    (I) offset adverse impacts 
                                resulting from the construction or 
                                operation of the applicable project; or
                                    (II) address legacy or historical 
                                harm or adverse cumulative impacts in 
                                the location in which the applicable 
                                project is to be carried out.
            (2) Community benefits organization.--In this section, the 
        term ``community benefits organization'' means an organization 
        that--
                    (A) is described in section 501(c)(3) of the 
                Internal Revenue Code of 1986 and is exempt from 
                taxation under section 501(a) of such Code; and
                    (B) is formed to protect the human health and 
                environment of communities in the area in which a 
                proposed major Federal action is to be carried out.

SEC. 612. REQUIREMENT OF TIMELY PUBLIC RELEASE OF NEPA DOCUMENTATION.

    (a) In General.--To achieve the goals described in section 1507.4 
of title 40, Code of Federal Regulations (or a successor regulation), 
to allow agencies and the public to efficiently and effectively access 
information relating to environmental reviews required under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 
lead agency for a proposed major Federal action shall make the 
documents identified under subsection (b) with respect to such proposed 
major Federal action available to the public in a searchable, digital 
format when such documents are completed by the lead agency, or in the 
case of final documents, finalized by the agency. The lead agency may 
make such documents available to the public in a searchable, digital 
format by--
            (1) publishing and maintaining such documents on the public 
        website or websites of the applicable agency or agencies; and
            (2) uploading such documents to the E-NEPA online 
        permitting portal established under subsection (b) of section 
        110 of the National Environmental Policy Act of 1969 (as added 
        by section 615(b) of this Act).
    (b) Documents.--The documents identified under this subsection are 
the following:
            (1) Any notice of intent and other scoping notices.
            (2) Any draft and final environmental assessments and 
        findings of no significant impacts.
            (3) Any draft, final, and supplemental environmental impact 
        statements.
            (4) Any records of decision.
            (5) Any documentation associated with a determination to 
        proceed with the proposed major Federal action under a 
        categorical exclusion.
            (6) Any additional related documentation.
    (c) Timing.--The lead agency shall make the documents identified 
under subsection (b) available to the public in a searchable, digital 
format under subsection (a) by not later than the earlier of--
            (1) 3 days after the date on which the lead agency 
        completes the document; and
            (2) 3 days after the date on the document is published in 
        the Federal Register.
    (d) Cooperating Agencies.--A cooperating agency shall publish a 
link to the location on the website of the lead agency to the documents 
identified under subsection (b) on which the agency was a cooperating 
agency.

SEC. 613. ESTABLISHMENT OF GRANTS FOR CAPACITY BUILDING AND COMMUNITY 
              ENGAGEMENT.

    (a) In General.--The Administrator of the Environmental Protection 
Agency shall make grants to States, units of local government, Indian 
Tribes, and nonprofit associations which may be used for purposes of--
            (1) increasing the capacity of such organizations to 
        conduct activities related to proposed major Federal actions, 
        and State, local, and Tribal environmental reviews, permits, 
        and consultations, including by--
                    (A) compiling data and conducting analyses, 
                planning, and environmental review;
                    (B) determining potential economic, social, public 
                health, and environmental impacts; and
                    (C) identifying opportunities to mitigate such 
                impacts;
            (2) enhancing community engagement opportunities related to 
        environmental reviews;
            (3) identifying zones for renewable energy development;
            (4) facilitating the siting of renewable energy-related 
        facilities and infrastructure;
            (5) providing technical assistance to units of local 
        government to establish renewable energy zoning ordinances; and
            (6) training and hiring personnel, and other activities to 
        increase the capacity of States, units of local government, 
        Indian Tribes, and nonprofit associations, as applicable, to 
        carry out activities described in paragraphs (1) through (5).
    (b) Funding.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to the Administrator of the Environmental 
        Protection Agency to make grants under subsection (a) 
        $500,000,000 for each of fiscal years 2024 through 2029.
            (2) Environmental review fund.--In addition to amounts made 
        available under paragraph (1), the Administrator may use 
        amounts available in the Environmental Review Fund for the 
        Environmental Protection Agency established under section 
        614(c) to make grants to under subsection (a).

SEC. 614. ESTABLISHMENT OF FEES FOR ENVIRONMENTAL REVIEWS AND 
              AUTHORIZATIONS FOR PROJECTS.

    (a) Establishment of Fees.--
            (1) In general.--The head of each Federal agency required 
        or authorized to complete an environmental document or an 
        authorization for a major Federal action shall issue 
        regulations to collect fees for work to complete any such 
        environmental document or authorization.
            (2) Specifications.--A fee collected under paragraph (1) 
        shall be, as determined by the head of the applicable Federal 
        agency--
                    (A) fair;
                    (B) sufficient to cover the costs to the Federal 
                agency of completing the environmental document or 
                authorization; and
                    (C) consistent with the guidance established by the 
                Council on Environmental Quality and the Office of 
                Management and Budget under subsection (b).
            (3) Additional considerations.--In collecting a fee under 
        paragraph (1), the head of a Federal agency may also consider--
                    (A) the value of the service or thing to the 
                individual or entity that receives a completed 
                environmental review or authorization;
                    (B) the public interest served by the major Federal 
                action;
                    (C) the complexity of the major Federal action and 
                number of agencies involved as cooperating agencies;
                    (D) potential impacts of the major Federal action 
                on small businesses; and
                    (E) other relevant factors, as determined by the 
                head of the Federal agency.
            (4) Deposit of fees.--Fees collected under this subsection 
        shall be deposited into the applicable Environmental Review 
        Fund established under subsection (c)(1).
    (b) Guidance.--Not later than 120 days after the date of enactment 
of this Act, the Council on Environmental Quality and the Office of 
Management and Budget shall issue joint guidance for Federal agencies 
to facilitate the collection of fees under subsection (a) and the 
reporting of data under subsection (c)(5).
    (c) Environmental Review Funds.--
            (1) Establishment.--There is established at each Federal 
        agency with authority for completing environmental reviews or 
        authorizations required by law an Environmental Review Fund 
        (referred to in this subsection as a ``Fund''), consisting of 
        fees established under subsection (a) that are collected by the 
        Federal agency.
            (2) Availability.--Amounts in a Fund and amounts 
        transferred to an agency under paragraph (3) shall be available 
        to the applicable Federal agency, without further 
        appropriation, for--
                    (A) environmental review staff salaries and 
                training and third-party contracts to support the 
                completion of environmental documents and 
                authorizations for major Federal actions;
                    (B) environmental data collection;
                    (C) development of documents and analyses that will 
                facilitate timely environmental reviews, including 
                programmatic analyses and memoranda of understanding;
                    (D) monitoring compliance with terms and conditions 
                included in authorizations for major Federal actions; 
                and
                    (E) other activities and services that will 
                facilitate timely environmental reviews, as determined 
                by the head of the Federal agency.
            (3) Transfer authority.--
                    (A) In general.--A Federal agency for which a Fund 
                is established by paragraph (1) may transfer amounts in 
                such a Fund to another Federal agency--
                            (i) for work performed as a cooperating 
                        agency to complete an environmental document 
                        for a major Federal action that is subject to a 
                        fee established by the Federal agency under 
                        subsection (a);
                            (ii) to pay the costs of conducting and 
                        completing responsibilities required under 
                        other Federal law for the major Federal action 
                        on which the Federal agency is serving as the 
                        lead agency; or
                            (iii) to fund liaison positions at another 
                        Federal agency to facilitate interagency 
                        coordination and timely completion of 
                        environmental documents and authorizations for 
                        major Federal action.
                    (B) Acceptance of funds.--A Federal agency with a 
                Fund shall have the authority to accept funding 
                transferred by another agency under subparagraph (A).
            (4) Programmatic environmental review fund.--
                    (A) Establishment.--A Federal agency for which a 
                Fund is established by paragraph (1) may establish, by 
                issuing regulations, within the Fund a separate 
                programmatic environmental review fund.
                    (B) Contribution by project sponsors.--A Federal 
                agency may allow a project sponsor or group of project 
                sponsors to contribute to a programmatic environmental 
                review fund established under subparagraph (A) to 
                facilitate the development of a programmatic 
                environmental review.
                    (C) Fees for programmatic environmental reviews.--A 
                Federal agency that established a programmatic 
                environmental review fund under subparagraph (A) may 
                establish fees, consistent with specifications and 
                considerations under subsection (a), when the 
                environmental document for a project carried out by a 
                project sponsor will tier off the programmatic 
                environmental review, consistent with section 1501.11 
                of title 40, Code of Federal Regulations (or a 
                successor regulation).
            (5) Report.--The head of each Federal agency for which a 
        Fund is established by paragraph (1) shall prepare, and make 
        publicly available on the website of the Federal agency, an 
        annual report on the collection and use of fees under 
        subsection (a) and this subsection.
            (6) Clarifications.--
                    (A) Amounts in fund.--Amounts in a Fund shall 
                supplement existing amounts authorized to carry out 
                activities described in paragraph (2).
                    (B) Positions.--A Federal agency using amounts in a 
                Fund shall not be subject to any limitation relating to 
                the number of full-time equivalent employees of the 
                Federal agency otherwise imposed by law.
    (d) Exemption.--A Federal agency that establishes a fee under 
subsection (a) may exempt an entity from such a fee if, as determined 
by the Federal agency, the fee would impose an undue financial burden 
or is otherwise determined to be inappropriate.

SEC. 615. ESTABLISHMENT OF INTERAGENCY ENVIRONMENTAL DATA SYSTEM.

    (a) Environmental Data Systems.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of the Clean Electricity and Transmission 
        Acceleration Act of 2023, the Council on Environmental Quality 
        (referred to in this section as the ``Council''), in 
        coordination with, and support from, the Administrator of the 
        Environmental Protection Agency (referred to in this section as 
        the ``Administrator'') and the Director of the Office of 
        Management and Budget (referred to in this section as the 
        ``Director'') and in consultation with the Federal Geographic 
        Data Committee and heads of Federal agencies with relevant 
        geographic information system data, shall develop linked 
        interagency environmental data collection systems that include 
        georeferenced qualitative and quantitative data for use by all 
        Federal agencies in preparing any environmental document and 
        tracking environmental outcomes of major Federal actions, 
        including--
                    (A) environmental documents;
                    (B) data on mitigation commitments required in 
                environmental documents; and
                    (C) monitoring and compliance data and information 
                required under Federal environmental laws.
            (2) Requirements.--In developing linked interagency 
        environmental data collection systems under paragraph (1), the 
        Council, in coordination with the Administrator and the 
        Director, shall--
                    (A) facilitate--
                            (i) the reduction of administrative costs 
                        borne by project developers, including in the 
                        establishment of the permitting portal under 
                        section 110(b) of the National Environmental 
                        Policy Act of 1969;
                            (ii) the reduction of the duplication of 
                        efforts by Federal and State agencies;
                            (iii) the standardization of the collection 
                        of information on environmental impacts and 
                        outcomes; and
                            (iv) the tracking of long-term 
                        environmental outcomes, including the efficacy 
                        of mitigation commitments;
                    (B) make the linked interagency environmental data 
                collection systems developed under paragraph (1) 
                publicly available, to the extent consistent with 
                section 552 of title 5, United States Code, and any 
                exemption from disclosure of sensitive site-specific 
                information under applicable law;
                    (C) include tools that--
                            (i) enhance the abilities of Federal 
                        agencies to conduct the public outreach and 
                        engagement required under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.);
                            (ii) enable Federal agencies to publish 
                        information regarding public engagement 
                        opportunities under the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
                        and
                            (iii) facilitate opportunities for the 
                        public to provide Federal agencies with 
                        relevant environmental or scientific 
                        information and data, including locally-
                        specific environmental data, that could 
                        complement monitoring efforts and enhance 
                        evidence-based decision making;
                    (D) facilitate coordination between Federal and 
                State agencies, including by providing for up-to-date 
                georeferenced information sharing about current Federal 
                agency actions;
                    (E) enable States to integrate relevant State-level 
                environmental data;
                    (F) standardize and enhance the use of 
                nonconfidential geographic information and geospatial 
                data in the preparation of environmental documents and 
                in the authorization and permitting of major Federal 
                actions;
                    (G) use an interactive, digital, and cloud-based 
                platform;
                    (H) ensure that data is searchable, accessible, 
                interoperable, reusable, and includes--
                            (i) digital geographic information system 
                        data or other location data for the activities 
                        for which an environmental impact statement or 
                        an environmental assessment was prepared;
                            (ii) each environmental impact statement 
                        and environmental assessment, including 
                        appendices, in a machine-readable format; and
                            (iii) to the extent practicable, geographic 
                        information system data or other location data 
                        for documents, permits, monitoring reports, or 
                        reports prepared under State environmental 
                        review laws;
                    (I) allow users to find specific documents and 
                specific types of information, such as--
                            (i) analyses of types of environmental 
                        impact;
                            (ii) analyses of types of major Federal 
                        actions;
                            (iii) geographic location of major Federal 
                        actions;
                            (iv) ecological, cultural, and historical 
                        features and resources; and
                            (v) other categories, as determined by the 
                        Council, the Administrator, and the Director; 
                        and
                    (J) enable sponsors of major Federal actions and 
                the public--
                            (i) to identify project locations that 
                        would avoid or minimize impacts; and
                            (ii) to conduct preliminary scoping of 
                        impacts.
            (3) Existing data.--In developing linked interagency 
        environmental data collection systems under paragraph (1), the 
        Council in coordination with the Administrator and the 
        Director, shall incorporate relevant information from existing 
        geographic information systems and other relevant systems and 
        databases.
            (4) Agency responsibilities.--Each Federal agency that is 
        required to prepare an environmental document or otherwise 
        maintains relevant environmental data shall--
                    (A) participate in the development of linked 
                interagency environmental data collection systems under 
                paragraph (1);
                    (B) make relevant environmental data available to 
                be integrated into those linked interagency 
                environmental data collection systems; and
                    (C) make environmental documents available to be 
                integrated into those linked interagency environmental 
                data collection systems.
            (5) Authorization of appropriations.--There is authorized 
        to be appropriated to the Council on Environmental Quality to 
        develop linked interagency environmental data collection 
        systems under subsection (a)(1) $20,000,000 for each of fiscal 
        years 2023 through 2028.
    (b) E-NEPA Implementation.--Section 110 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4336d) is amended--
            (1) by redesignating subsection (b) as subsection (c);
            (2) by adding after subsection (b) the following:
    ``(b) Permitting Portal.--Not later than 1 year after the date of 
enactment of the Clean Electricity and Transmission Acceleration Act of 
2023, the Council on Environmental Quality shall establish an online 
permitting portal--
            ``(1) with the parameters described in paragraphs (1) 
        through (3) of subsection (a) for major Federal actions that 
        require review under section 102(2)(C); and
            ``(2) through which the public can access the documents 
        identified under section 612(b) of the Clean Electricity and 
        Transmission Acceleration Act of 2023.''; and
            (3) in subsection (c), as so redesignated--
                    (A) by striking ``There is authorized'' and 
                inserting the following:
            ``(1) Study.--There is authorized''; and
                    (B) by adding at the end the following:
            ``(2) Permitting portal.--There is authorized to be 
        appropriated $1,000,000 for the Council on Environmental 
        Quality to carry out subsection (b).''.

SEC. 616. TRANSFERENCE OF UNOBLIGATED BALANCES FOR USE UNDER THE 
              ENDANGERED SPECIES ACT.

    (a) In General.--Unobligated balances of amounts made available by 
division J of the Infrastructure Investment and Jobs Act (Public Law 
117-58) to any agency funded by the Infrastructure Investment and Jobs 
Act may be transferred to and merged with amounts otherwise made 
available to the United States Fish and Wildlife Service and the 
National Marine Fisheries Service for the costs of carrying out 
consultation and conference responsibilities under section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 1536) in connection with 
activities and projects funded by the Infrastructure Investment and 
Jobs Act (Public Law 117-58).
    (b) Supplement Not Supplant.--Amounts transferred pursuant to 
subsection (a) shall supplement, not supplant, amounts and transfer 
authorities otherwise available to the United States Fish and Wildlife 
Service and the National Marine Fisheries Service for the costs of 
carrying out the responsibilities described in subsection (a).
    (c) Emergency Requirement.--Any amount transferred pursuant to this 
section that, at the time of such transfer, is designated by the 
Congress as an emergency requirement pursuant to section 4112(a) of H. 
Con. Res. 71 (115th Congress), the concurrent resolution on the budget 
for fiscal year 2018, or section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, shall retain such designation.

SEC. 617. DESIGNATION OF SENIOR COMMUNITY ENGAGEMENT OFFICERS AND 
              TRIBAL COMMUNITY ENGAGEMENT OFFICERS.

    (a) Designation of Senior Community Engagement Officers and Tribal 
Community Engagement Officers.--
            (1) In general.--The head of each Federal agency required 
        or authorized to complete an environmental document or an 
        authorization for a major Federal action shall designate--
                    (A) 1 or more appropriate employees or officials of 
                the applicable Federal agency to serve as a senior 
                community engagement officer (referred to in this 
                section as an ``SCO''); and
                    (B) 1 or more appropriate employees or officials of 
                the applicable Federal agency (other than an employee 
                or official designated as an SCO under subparagraph 
                (A)) to serve as a Tribal community engagement officer 
                (referred to in this section as a ``TEO'').
            (2) Responsibilities of an sco and teo.--An SCO and a TEO 
        shall--
                    (A) oversee community or Tribal, as applicable, 
                engagement in environmental review and authorization 
                processes carried out by the Federal agency;
                    (B) advise the applicable head of the Federal 
                agency on matters relating to community or Tribal, as 
                applicable, engagement in such reviews and processes;
                    (C) identify, recommend, and implement approaches 
                to expand and improve early, meaningful community or 
                Tribal, as applicable, engagement relating to the 
                environmental review and authorization processes 
                carried out by the Federal agency;
                    (D) identify and avoid or resolve conflicts with 
                communities or Indian Tribes affected by the 
                environmental review or authorization processes, as 
                applicable--
                            (i) to align Federal actions with the needs 
                        and interests of those communities or Indian 
                        Tribes, as applicable; and
                            (ii) to minimize the potential for delay of 
                        environmental review and authorization 
                        processes carried out by the Federal agency;
                    (E) identify opportunities with affected 
                communities or Indian Tribes to accelerate the 
                environmental review and authorization processes 
                carried out by the Federal agency;
                    (F) provide technical support and capacity 
                building, on request of a community or an Indian Tribe 
                to enhance the ability of communities and Indian Tribes 
                to engage constructively in Federal agency decision 
                making; and
                    (G) assist in developing and negotiating community 
                benefits agreements consistent with section 611.
            (3) Reporting.--An SCO and a TEO shall report directly to a 
        Deputy Secretary (or equivalent) or higher position in the 
        Federal agency in which the SCO or TEO serves.
            (4) Guidance.--The Director of the Office of Management and 
        Budget shall establish any guidance necessary to establish SCO 
        and TEO positions not later than 2 years of the date of 
        enactment of this Act.
    (b) Regional Community Engagement Officers.--A Federal agency may 
appoint regional community engagement officers to support community and 
Tribal engagement in environmental review and authorization processes 
carried out by the Federal agency within a region impacted by a 
proposed major Federal project, including by carrying out activities--
            (1) to identify and implement approaches to expand and 
        improve early, meaningful community and Tribal engagement 
        relating to the environmental review and authorization 
        processes carried out by the Federal agency;
            (2) to identify and avoid or resolve conflicts with 
        affected communities and Indian Tribes that have the potential 
        to delay environmental review and authorization processes 
        carried out by the Federal agency;
            (3) to identify opportunities with affected communities and 
        Indian Tribes to accelerate the environmental review and 
        authorization processes carried out by the Federal agency;
            (4) to provide technical support and capacity building, on 
        request of a community or an Indian Tribe, to enhance the 
        ability of communities or Indian Tribes to engage 
        constructively in Federal agency decision making; and
            (5) to assist in developing and negotiating community 
        benefits agreements consistent with section 611.
    (c) Application.--Notwithstanding any other provision of law, 
chapter 10 of title 5, United States Code (commonly known as the 
``Federal Advisory Committee Act''), shall not apply to stakeholder 
engagement processes or public comment activities that are required 
under or proceeding from a Federal environmental permitting process and 
led by an SCO, a TEO, or a regional community engagement officer 
appointed under subsection (b).
    (d) FAST 41.--
            (1) Definition of agency sco.--Section 41001 of the FAST 
        Act (42 U.S.C. 4370m) (as amended by section 201(a)(2)(A)) is 
        amended--
                    (A) by redesignating paragraphs (2) through (18) as 
                paragraphs (3) through (19), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) Agency sco.--The term `agency SCO' means the senior 
        community engagement officer of an agency, as designated by the 
        head of the agency under section 617(a)(1)(A) of the Clean 
        Electricity and Transmission Acceleration Act of 2023.''.
            (2) Dispute resolution.--Section 41003(c)(2)(C)(i) of the 
        FAST Act (42 U.S.C. 4370m-2(c)(2)(C)(i)) is amended by striking 
        ``agency CERPOs'' and inserting ``agency CERPOs, agency 
        SCOs,''.
            (3) Environmental review improvement fund.--Section 
        41009(d)(3) of the FAST Act (42 U.S.C. 4370m-8(d)(3)) is 
        amended--
                    (A) by striking ``facilitate timely'' and inserting 
                ``facilitate early, meaningful community engagement and 
                timely''; and
                    (B) by inserting ``and agency SCOs'' after ``agency 
                CERPOs''.

SEC. 618. ESTABLISHMENT OF FERC ENVIRONMENTAL JUSTICE LIAISON.

    Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is amended 
by adding at the end the following:
    ``(c)(1) The Director shall appoint within the Office at least one 
environmental justice liaison.
    ``(2) A liaison shall engage and consult with environmental justice 
communities that are determined by the Director to be reasonably likely 
to be affected by the construction or operation of projects authorized 
by the Commission to--
            ``(A) increase the awareness of such projects;
            ``(B) solicit input from such environmental justice 
        communities on such projects; and
            ``(C) aid in the planning of such projects to minimize any 
        adverse effects on human health or the environment.
    ``(3) In engaging and consulting with the environmental justice 
communities described in paragraph (2), a liaison shall coordinate 
with, as applicable--
            ``(A) the appropriate counterparts of Tribal, State, or a 
        local governments;
            ``(B) community-based organizations;
            ``(C) faith-based organizations;
            ``(D) local small businesses; and
            ``(E) representatives of any other groups, organizations, 
        or individuals, as determined by the liaison.
    ``(4) In this subsection:
            ``(A) The term `environmental justice community' means any 
        population of color, community of color, indigenous community, 
        or low-income community that experiences a disproportionate 
        burden of the adverse human health or environmental impacts of 
        pollution or other environmental hazards.
            ``(B) The term `liaison' means an environmental justice 
        liaison appointed by the Director under paragraph (1).''.

SEC. 619. REQUIREMENT FOR INTERVENOR FUNDING AT FERC OFFICE OF PUBLIC 
              PARTICIPATION.

    (a) In General.--Section 319(b)(2) of the Federal Power Act (16 
U.S.C. 825q-l(b)(2)) is amended by striking ``The Commission may'' and 
inserting ``The Commission shall''.
    (b) Rulemaking.--Not later than 180 days after the date of 
enactment of this Act, the Federal Energy Regulatory Commission shall 
promulgate a final rule to provide compensation under section 319(b)(2) 
of the Federal Power Act (16 U.S.C. 825q-1(b)(2)), as amended by this 
section. Under such rule the Commission shall require that each 
intervenor or participant file a disclosure form of earned and unearned 
income to identify conflicts of interest. Such form shall not be overly 
burdensome.

SEC. 620. REFORM OF RTO AND ISO GOVERNANCE AND PARTICIPATION.

    (a) Technical Conference.--Not later than 180 days after the date 
of enactment of this section, the Federal Energy Regulatory Commission 
shall convene a technical conference to consider Regional Transmission 
Organization and Independent System Operator independence, the 
responsiveness of RTOs and ISOs to their customers and other 
stakeholders, and ways for RTOs and ISOs to increase the equitable 
treatment of their customers and other stakeholders, including the 
effectiveness of stakeholder policies and procedures adopted in 
compliance with the final rule titled ``Wholesale Competition in 
Regions With Organized Electric Markets'' published in the Federal 
Register on October 28, 2008 (73 Fed. Reg. 64100).
    (b) Participation.--The technical conference convened under 
subsection (a) shall be led by members of the Commission, and the 
Commission shall invite participation from representatives of each RTO 
and ISO, owners and operators of transmission facilities, owners and 
operators of electric generation facilities, owners and operators of 
distributed energy generation systems, end-use customers, electric 
power marketers, publicly owned electric utilities, consumer advocates, 
environmental justice advocates, environmental groups, State 
commissions, and such other stakeholders as the Commission determines 
appropriate.
    (c) Topics.--In conducting the technical conference convened under 
subsection (a), the Commission shall seek to identify policies and 
procedures that maintain RTO and ISO independence, and enhance the 
responsiveness of RTOs and ISOs to their customers and other 
stakeholders, taking into consideration--
            (1) the benefits of greater transparency in RTO and ISO 
        stakeholder processes, including access by stakeholders to 
        relevant data and written background materials;
            (2) barriers to participation in such stakeholder processes 
        for new market participants and other non-incumbent 
        stakeholders;
            (3) the need for periodic, independent review of RTO and 
        ISO stakeholder policies and procedures;
            (4) power imbalances between incumbent and non-incumbent 
        stakeholders, including whether current RTO and ISO membership 
        rules, sectoral designations, and voting procedures allow for 
        adequate representation of all stakeholder views;
            (5) whether and how RTOs and ISOs should take State public 
        policy objectives into consideration as part of such 
        stakeholder processes;
            (6) whether existing RTO and ISO decision-making processes 
        are sufficiently independent from the control of any market 
        participant or class of participants;
            (7) the role of the Office of Public Participation of the 
        Commission in facilitating greater stakeholder participation in 
        RTOs and ISOs; and
            (8) such other subjects as the Commission considers 
        appropriate.
    (d) Public Comment.--The Commission shall provide an opportunity 
for public comment on the technical conference convened under 
subsection (a).
    (e) Rulemaking.--Not later than 18 months after the conclusion of 
the technical conference convened under subsection (a), the Commission 
shall issue a final rule adopting such policies and procedures as the 
Commission determines necessary to maintain the independence of RTOs 
and ISOs, and to enhance the transparency and responsiveness of RTOs 
and ISOs to their customers and other stakeholders.
    (f) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Federal power act definitions.--The terms ``electric 
        utility'', ``Independent System Operator'', ``ISO'', ``Regional 
        Transmission Organization'', ``RTO'', and ``State commission'' 
        have the meanings given such terms in section 3 of the Federal 
        Power Act (16 U.S.C. 796).

SEC. 621. SAVINGS CLAUSE.

    Nothing in this title diminishes--
            (1) any right granted through the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the public; or
            (2) the requirements under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) to consider direct, 
        indirect, and cumulative impacts.

SEC. 622. DEFINITIONS.

    In this title:
            (1) Affected environmental justice community.--The term 
        ``affected environmental justice community'' means an 
        environmental justice community that may experience adverse 
        health and environmental impacts as a result of a major Federal 
        action.
            (2) Categorical exclusion; cooperating agency; 
        environmental assessment; environmental document; environmental 
        impact statement; lead agency.--The terms ``categorical 
        exclusion'', ``cooperating agency'', ``environmental 
        assessment'', ``environmental document'', ``environmental 
        impact statement'', ``lead agency'', and ``participating 
        Federal agency'' have the meanings given such terms in section 
        111 of the National Environmental Policy Act of 1969 (42 U.S.C. 
        4336e).
            (3) Community of color.--The term ``community of color'' 
        means a geographically distinct area in which the population of 
        any of the following categories of individuals is higher than 
        the average population of that category for the State in which 
        the community is located:
                    (A) Black.
                    (B) African American.
                    (C) Asian.
                    (D) Pacific Islander.
                    (E) Other non-White race.
                    (F) Hispanic.
                    (G) Latino.
                    (H) Linguistically isolated.
                    (I) Middle Eastern and North African.
            (4) Environmental justice community.--The term 
        ``environmental justice community'' means a community with 
        significant representation of communities of color, low-income 
        communities, or Tribal and Indigenous communities that 
        experience, or are at risk of experiencing, a disproportionate 
        burden of the adverse human health or environmental impacts of 
        pollution or other environmental hazards.
            (5) Low-income community.--The term ``low-income 
        community'' means any census block group in which 30 percent or 
        more of the population are individuals with an annual household 
        income equal to, or less than, the greater of--
                    (A) an amount equal to 80 percent of the median 
                income of the area in which the household is located, 
                as reported by the Department of Housing and Urban 
                Development; and
                    (B) 200 percent of the Federal poverty line.
            (6) Major federal action.--The term ``major Federal 
        action'' means a major Federal action significantly affecting 
        the quality of the human environment under section 102(2)(C) of 
        the National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(C)(2)).
            (7) Tribal and indigenous community.--The term ``Tribal and 
        Indigenous community'' means a population of people who are 
        members of--
                    (A) a federally recognized Indian Tribe;
                    (B) a State-recognized Indian Tribe;
                    (C) an Alaska Native community or organization;
                    (D) a Native Hawaiian community or organization; or
                    (E) any other Indigenous community located in a 
                State.
                                 <all>
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