II 

118TH CONGRESS 

1ST SESSION S. 1399 

To provide for American energy security by improving the permitting process. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2023 

Mr. MANCHIN introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To provide for American energy security by improving the 

permitting process. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Building American Energy Security Act of 2023’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ACCELERATING AGENCY REVIEWS 

Sec. 101. Definitions. 

Sec. 102. Streamlining process for authorizations and reviews of energy and 

natural resources projects. 

Sec. 103. Prioritizing energy projects of strategic national importance. 


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Sec. 104. Empowering the Federal Permitting Improvement Steering Council 

and improving reviews. 

Sec. 105. Litigation transparency. 

TITLE II—MODERNIZING PERMITTING LAWS 

Sec. 201. Transmission. 

Sec. 202. Definition of natural gas under the Natural Gas Act. 

Sec. 203. Authorization of Mountain Valley Pipeline. 

Sec. 204. Rights-of-way across Indian land. 

Sec. 205. Federal Energy Regulatory Commission staffing. 

1 TITLE I—ACCELERATING 

2 AGENCY REVIEWS 

3 SEC. 101. DEFINITIONS. 

4 In this title: 

5 (1) AGENCY.—The term ‘‘agency’’ means any 

6 agency, department, or other unit of Federal, State, 

7 local, or Tribal government. 

8 (2) ALASKA NATIVE CORPORATION.—The term 

9 ‘‘Alaska Native Corporation’’ has the meaning given 

10 the term ‘‘Native Corporation’’ in section 3 of the 

11 Alaska Native Claims Settlement Act (43 U.S.C. 

12 1602). 

13 (3) AUTHORIZATION.—The term ‘‘authoriza14 tion’’ means any license, permit, approval, finding, 

15 determination, interagency consultation, or other ad16 ministrative decision that is required or authorized 

17 under Federal law (including regulations) to design, 

18 plan, site, construct, reconstruct, or commence oper19 ations of a project, including any authorization deVerDate Sep 11 2014 03:05 May 11, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1399.IS S1399

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1 scribed in section 41001(3) of the FAST Act (42 

2 U.S.C. 4370m(3)). 

3 (4) COOPERATING AGENCY.—The term ‘‘cooper4 ating agency’’ means any Federal agency (and a 

5 State, Tribal, or local agency if agreed on by the 

6 lead agency), other than a lead agency, that has ju7 risdiction by law or special expertise with respect to 

8 an environmental impact relating to a project. 

9 (5) ENVIRONMENTAL DOCUMENT.—The term 

10 ‘‘environmental document’’ includes any of the fol11 lowing, as prepared under NEPA: 

12 (A) An environmental assessment. 

13 (B) A finding of no significant impact. 

14 (C) An environmental impact statement. 

15 (D) A record of decision. 

16 (6) ENVIRONMENTAL IMPACT STATEMENT.— 

17 The term ‘‘environmental impact statement’’ means 

18 the detailed statement of environmental impacts of 

19 a project required to be prepared under NEPA. 

20 (7) ENVIRONMENTAL REVIEW PROCESS.—The 

21 term ‘‘environmental review process’’ means the 

22 process for preparing an environmental impact state23 ment, environmental assessment, categorical exclu24 sion, or other document required to be prepared to 


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1 achieve compliance with NEPA, including pre-appli2 cation consultation and scoping processes. 

3 (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

4 has the meaning given the term in section 102 of the 

5 Federally Recognized Indian Tribe List Act of 1994 

6 (25 U.S.C. 5130). 

7 (9) LEAD AGENCY.—The term ‘‘lead agency’’, 

8 with respect to a project, means— 

9 (A) the Federal agency preparing, or as10 suming primary responsibility for, the author11 ization or review of the project; and 

12 (B) if applicable, any State, local, or Trib13 al government entity serving as a joint lead 

14 agency for the project. 

15 (10) NEPA.—The term ‘‘NEPA’’ means the 

16 National Environmental Policy Act of 1969 (42 

17 U.S.C. 4321 et seq.) (including NEPA implementing 

18 regulations). 

19 (11) NEPA IMPLEMENTING REGULATIONS.— 

20 The term ‘‘NEPA implementing regulations’’ means 

21 the regulations in subpart A of chapter V of title 40, 

22 Code of Federal Regulations (or successor regula23 tions). 

24 (12) PARTICIPATING AGENCY.—The term ‘‘par25 ticipating agency’’ means an agency participating in 


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1 an environmental review or authorization for a 

2 project. 

3 (13) PROJECT SPONSOR.—The term ‘‘project 

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

5 public, or public-private entity, seeking an authoriza6 tion for a project. 

7 SEC. 102. STREAMLINING PROCESS FOR AUTHORIZATIONS 

8 AND REVIEWS OF ENERGY AND NATURAL RE9 SOURCES PROJECTS. 

10 (a) DEFINITIONS.—In this section: 

11 (1) CATEGORICAL EXCLUSION.—The term ‘‘cat12 egorical exclusion’’ means a categorical exclusion 

13 within the meaning of NEPA. 

14 (2) MAJOR PROJECT.—The term ‘‘major 

15 project’’ means a project— 

16 (A) for which multiple authorizations, re17 views, or studies are required under a Federal 

18 law other than NEPA; and 

19 (B) with respect to which the head of the 

20 lead agency has determined that— 

21 (i) an environmental impact statement 

22 is required; or 

23 (ii) an environmental assessment is 

24 required, and the project sponsor requests 


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1 that the project be treated as a major 

2 project. 

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

4 project— 

5 (A) proposed for the construction of infra6 structure— 

7 (i) to develop, produce, generate, 

8 store, transport, or distribute energy; 

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

10 store carbon dioxide; or 

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

12 process minerals; and 

13 (B) that, if implemented as proposed by 

14 the project sponsor, would be subject to the re15 quirements that— 

16 (i) an environmental document be pre17 pared; and 

18 (ii) the applicable agency issue an au19 thorization of the activity. 

20 (4) SECRETARY CONCERNED.—The term ‘‘Sec21 retary concerned’’ means, as appropriate— 

22 (A) the Secretary of Agriculture, with re23 spect to the Forest Service; 

24 (B) the Secretary of Energy; 

25 (C) the Secretary of the Interior; 


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1 (D) the Federal Energy Regulatory Com2 mission; 

3 (E) the Secretary of the Army, with re4 spect to the Corps of Engineers; and 

5 (F) the Secretary of Transportation, with 

6 respect to the Maritime Administration and the 

7 Pipeline and Hazardous Materials Safety Ad8 ministration. 

9 (b) APPLICABILITY.— 

10 (1) IN GENERAL.—The project development 

11 procedures under this section— 

12 (A) shall apply to— 

13 (i) all projects for which an environ14 mental impact statement is prepared; 

15 (ii) all major projects; and 

16 (iii) to the maximum extent prac17 ticable, projects described in clause (i) or 

18 (ii) for which an authorization is being 

19 sought or that are subject to an environ20 mental review process initiated prior to the 

21 date of enactment of this Act; 

22 (B) may be applied, as requested by a 

23 project sponsor and to the extent determined 

24 appropriate by the Secretary concerned, to 


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1 other projects for which an environmental docu2 ment is prepared; and 

3 (C) shall not apply to— 

4 (i) any project subject to section 139 

5 of title 23, United States Code; 

6 (ii) any project that is a water re7 sources development project of the Corps 

8 of Engineers; or 

9 (iii) any authorization of the Corps of 

10 Engineers if that authorization is for a 

11 project that alters or modifies a water re12 sources development project of the Corps 

13 of Engineers. 

14 (2) FLEXIBILITY.—Any authority provided by 

15 this section may be exercised, and any requirement 

16 established under this section may be satisfied, for 

17 a project, class of projects, or program of projects. 

18 (3) SAVINGS PROVISION.—Nothing in this sec19 tion— 

20 (A) precludes the use of an authority pro21 vided under any other provision of law, includ22 ing for a covered project under title XLI of the 

23 FAST Act (42 U.S.C. 4370m et seq.); 

24 (B) supersedes or modifies any applicable 

25 requirement, authority, or agency responsibility 


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1 provided under the National Environmental 

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

3 any other provision of law; or 

4 (C) shall be considered an abbreviated au5 thorization or environmental review process for 

6 purposes of section 41001(6)(A)(i)(III) of the 

7 FAST Act (42 U.S.C. 4370m(6)(A)(i)(III)). 

8 (c) LEAD AGENCIES.— 

9 (1) JOINT LEAD AGENCIES.—Nothing in this 

10 section precludes an agency from serving as a joint 

11 lead agency for a project, in accordance with NEPA. 

12 (2) ROLES AND RESPONSIBILITIES.—With re13 spect to the environmental review process for a 

14 project, the lead agency shall have the authority and 

15 responsibility— 

16 (A) to take such actions as are necessary 

17 and appropriate to facilitate the expeditious res18 olution of the environmental review process for 

19 the project; 

20 (B) to prepare any required environmental 

21 impact statement or other environmental docu22 ment, or to ensure that such an environmental 

23 impact statement or environmental document is 

24 completed, in accordance with this section and 

25 applicable Federal law; 


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1 (C) not later than 45 days after the date 

2 of publication of a notice of intent to prepare 

3 an environmental impact statement, or the initi4 ation of an environmental assessment, as appli5 cable, for a project— 

6 (i) to identify any other agencies that 

7 may have financing, environmental review, 

8 authorization, or other responsibilities with 

9 respect to the project; 

10 (ii) to invite the identified agencies to 

11 become participating agencies in the envi12 ronmental review process for the project; 

13 and 

14 (iii) to establish, as part of the invita15 tion, a deadline for the submission of a re16 sponse, which may be extended by the lead 

17 agency for good cause; 

18 (D) to consider and respond to comments 

19 timely received from participating agencies re20 lating to matters within the special expertise or 

21 jurisdiction of those agencies; 

22 (E) to consider, and, as appropriate, rely 

23 on, adopt, or incorporate by reference, baseline 

24 data, analyses, and documentation that have 

25 been prepared for the project under the laws 


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1 and procedures of a State or an Indian Tribe 

2 if the lead agency determines that— 

3 (i) those laws and procedures are of 

4 equal or greater rigor, as compared to each 

5 applicable Federal law and procedure; and 

6 (ii) the baseline data, analysis, or doc7 umentation, as applicable, was prepared 

8 under circumstances that allowed for— 

9 (I) opportunities for public par10 ticipation; 

11 (II) consideration of alternatives 

12 and environmental consequences; and 

13 (III) other required analyses that 

14 are substantially equivalent to the 

15 analyses that would have been pre16 pared if the baseline data, analysis, or 

17 documentation was prepared by the 

18 lead agency pursuant to NEPA; and 

19 (F)(i) to ensure that the project sponsor 

20 complies with design and mitigation commit21 ments for the project made jointly by the lead 

22 agency and the project sponsor; and 

23 (ii) to ensure that environmental docu24 ments are appropriately supplemented if 


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1 changes become necessary with respect to the 

2 project. 

3 (d) PARTICIPATING AGENCIES.— 

4 (1) APPLICABILITY.— 

5 (A) INAPPLICABILITY TO COVERED

6 PROJECTS.—The procedures under this sub7 section shall not apply to a covered project (as 

8 defined in section 41001 of the FAST Act (42 

9 U.S.C. 4370m))— 

10 (i) for which a project initiation notice 

11 has been submitted pursuant to section 

12 41003(a) of that Act (42 U.S.C. 4370m– 

13 2(a)); and 

14 (ii) that is carried out in accordance 

15 with the procedures described in that no16 tice. 

17 (B) DESIGNATIONS FOR CATEGORIES OF

18 PROJECTS.—The Secretary concerned may exer19 cise the authority under this subsection with re20 spect to— 

21 (i) a project; 

22 (ii) a class of projects; or 

23 (iii) a program of projects. 

24 (2) FEDERAL PARTICIPATING AGENCIES.—Any 

25 Federal agency that is invited by a lead agency to 


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1 participate in the environmental review process for a 

2 project shall be designated as a participating agency 

3 by the lead agency, unless the invited agency in4 forms the lead agency, in writing, by the deadline 

5 specified in the invitation, that the invited agency 

6 has no responsibility for or interest in the project. 

7 (3) FEDERAL COOPERATING AGENCIES.—A 

8 Federal agency that has not been invited by a lead 

9 agency to participate in the environmental review 

10 process for a project, but that is required to make 

11 an authorization or carry out an action for a project, 

12 shall— 

13 (A) notify the lead agency of the financing, 

14 environmental review, authorization, or other 

15 responsibilities of the notifying Federal agency 

16 with respect to the project; and 

17 (B) work with the lead agency to ensure 

18 that the agency making the authorization or 

19 carrying out the action is treated as a cooper20 ating agency for the project. 

21 (4) RESPONSIBILITIES.—A participating agency 

22 participating in the environmental review process for 

23 a project shall— 

24 (A) provide comments, responses, studies, 

25 or methodologies relating to the areas within 


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1 the special expertise or jurisdiction of the agen2 cy; and 

3 (B) use the environmental review process 

4 to address any environmental issues of concern 

5 to the agency. 

6 (5) EFFECT OF DESIGNATION.— 

7 (A) REQUIREMENT.—A participating agen8 cy for a project shall comply with the applicable 

9 requirements of this section. 

10 (B) NO IMPLICATION.—Designation as a 

11 participating agency under this subsection shall 

12 not imply that the participating agency— 

13 (i) has made a determination to sup14 port or deny any project; or 

15 (ii) has any jurisdiction over, or spe16 cial expertise with respect to evaluation of, 

17 the applicable project. 

18 (6) COOPERATING AGENCY DESIGNATION.—Any 

19 agency designated as a cooperating agency shall also 

20 be designated by the applicable lead agency as a par21 ticipating agency under the NEPA implementing 

22 regulations. 

23 (e) COORDINATION OF REQUIRED REVIEWS; ENVI24 RONMENTAL DOCUMENTS.— 


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1 (1) IN GENERAL.—The lead agency and each 

2 participating agency for a project shall apply the re3 quirements of section 41005 of the FAST Act (42 

4 U.S.C. 4370m–4) to the project, subject to the con5 dition that any reference contained in that section to 

6 a ‘‘covered project’’ shall be considered to be a ref7 erence to the project under this section. 

8 (2) SINGLE ENVIRONMENTAL DOCUMENT.— 

9 (A) IN GENERAL.—Except as provided in 

10 subparagraph (C), to the maximum extent prac11 ticable and consistent with Federal law, to 

12 achieve compliance with NEPA, all Federal au13 thorizations and reviews that are necessary for 

14 a project shall rely on a single environmental 

15 document for each type of environmental docu16 ment prepared under NEPA under the leader17 ship of the lead agency. 

18 (B) USE OF DOCUMENT.— 

19 (i) IN GENERAL.—To the maximum 

20 extent practicable, the lead agency shall 

21 develop environmental documents sufficient 

22 to satisfy the NEPA requirements for any 

23 authorization or other Federal action re24 quired for the project. 


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1 (ii) COOPERATION OF PARTICIPATING

2 AGENCIES.—Each participating agency 

3 shall cooperate with the lead agency and 

4 provide timely information to assist the 

5 lead agency to carry out subparagraph (A). 

6 (C) EXCEPTIONS.—A lead agency may 

7 waive the application of subparagraph (A) with 

8 respect to a project if— 

9 (i) the project sponsor requests that 

10 agencies issue separate environmental doc11 uments; 

12 (ii) the obligations of a cooperating 

13 agency or participating agency under 

14 NEPA have already been satisfied with re15 spect to the project; or 

16 (iii) the lead agency determines, and 

17 provides justification in the coordination 

18 plan established under subsection (g)(1), 

19 that multiple environmental documents are 

20 more efficient for the environmental review 

21 process or authorization process for the 

22 project. 

23 (D) PAGE LIMITS.— 

24 (i) IN GENERAL.—Notwithstanding 

25 any other provision of law and except as 


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1 provided in clause (ii), to the maximum ex2 tent practicable, the text of the items de3 scribed in paragraphs (4) through (6) of 

4 section 1502.10(a) of title 40, Code of 

5 Federal Regulations (or successor regula6 tions), of an environmental impact state7 ment for a project shall be not more than 

8 150 pages. 

9 (ii) EXCEPTIONS.—The text described 

10 in clause (i)— 

11 (I) shall be not more than 300 

12 pages in the case of a proposal of un13 usual scope or complexity; and 

14 (II) may exceed 300 pages if the 

15 lead agency establishes a new page 

16 limit for the environmental impact 

17 statement for that project. 

18 (f) ERRATA FOR ENVIRONMENTAL IMPACT STATE19 MENTS.— 

20 (1) IN GENERAL.—In preparing a final environ21 mental impact statement for a project, if the lead 

22 agency modifies the draft environmental impact 

23 statement in response to comments, the lead agency 

24 may write on errata sheets attached to the environ25 mental impact statement in lieu of rewriting the 


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1 draft environmental impact statement, subject to the 

2 conditions described in paragraph (2). 

3 (2) CONDITIONS.—The conditions referred to in 

4 paragraph (1) are as follows: 

5 (A) The comments to which the applicable 

6 modification responds shall be minor. 

7 (B) The modifications shall be confined 

8 to— 

9 (i) minor factual corrections; or 

10 (ii) an explanation of the reasons why 

11 the comments do not warrant additional 

12 response from the lead agency. 

13 (C) The errata sheets shall— 

14 (i) cite the sources, authorities, and 

15 reasons that support the position of the 

16 lead agency; and 

17 (ii) if appropriate, indicate the cir18 cumstances that would trigger reappraisal 

19 or further response by the lead agency. 

20 (3) SAVINGS PROVISION.—Nothing in this sub21 section precludes a lead agency from responding to 

22 comments in a final environmental impact statement 

23 in accordance with procedures described in section 

24 1503.4(c) of the NEPA implementing regulations. 

25 (g) COORDINATION AND SCHEDULING.— 


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1 (1) COORDINATION PLAN.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), not later than 90 days after 

4 the date of publication of a notice of intent to 

5 prepare an environmental impact statement, or 

6 the initiation of an environmental assessment, 

7 as applicable, for a project, the lead agency 

8 shall establish a plan for coordinating public 

9 and agency participation in, and comment re10 garding, the environmental review process and 

11 authorization decisions for the project or appli12 cable category of projects (referred to in this 

13 paragraph as the ‘‘coordination plan’’). 

14 (B) OTHER DATE.—If the project sponsor 

15 requests the establishment of a coordination 

16 plan for a project by a date earlier than the 

17 deadline described in subparagraph (A), the 

18 lead agency shall establish the coordination plan 

19 not later than 90 days after the request is re20 ceived by the head of the lead agency. 

21 (C) INCORPORATION INTO MEMO22 RANDUM.—A coordination plan may be incor23 porated into a memorandum of understanding 

24 with the project sponsor, lead agency, and any 

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1 ordination activities described in this sub2 section. 

3 (D) SCHEDULE.— 

4 (i) IN GENERAL.—As part of a coordi5 nation plan for a project, the lead agency 

6 shall establish and maintain a schedule for 

7 completion of the environmental review 

8 process and authorization decisions for the 

9 project that— 

10 (I) includes the date of project 

11 initiation or earliest Federal agency 

12 contact for the project, including any 

13 pre-application consultation; 

14 (II) includes any programmatic 

15 environmental document or agreement 

16 that is a prerequisite or predecessor 

17 for the environmental review process 

18 for the project; 

19 (III) includes— 

20 (aa) any Federal authoriza21 tion, action required as part of 

22 the environmental review process, 

23 consultation, or similar process 

24 that is required through project 

25 completion; 


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1 (bb) to the maximum extent 

2 practicable, any Indian Tribe, 

3 Alaska Native Corporation, 

4 State, or local agency authoriza5 tion, review, consultation, or 

6 similar process; and 

7 (cc) a schedule for each au8 thorization under item (aa) or 

9 (bb), including any pre-applica10 tion consultations, applications, 

11 interim milestones, public com12 ment periods, draft decisions, 

13 final decisions, and final author14 izations necessary to begin con15 struction; and 

16 (IV) is established— 

17 (aa) after consultation with, 

18 and the concurrence of, each par19 ticipating agency for the project; 

20 and 

21 (bb) with the participation 

22 of the project sponsor. 

23 (ii) MAJOR PROJECT SCHEDULES.— 

24 To the maximum extent practicable and 

25 consistent with applicable Federal law, in 


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1 the case of a major project, the lead agen2 cy shall develop, with the concurrence of 

3 each participating agency for the major 

4 project and in consultation with the project 

5 sponsor, a schedule for the major project 

6 that is consistent with completing— 

7 (I) the environmental review 

8 process— 

9 (aa) in the case of major 

10 projects for which the lead agen11 cy determines an environmental 

12 impact statement is required, not 

13 later than 2 years after the date 

14 of publication by the lead agency 

15 of a notice of intent to prepare 

16 an environmental impact state17 ment to the record of decision; 

18 and 

19 (bb) in the case of major 

20 projects for which the lead agen21 cy determines an environmental 

22 assessment is required, not later 

23 than 1 year after the date on 

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1 mental assessment is required to 

2 a finding of no significant im3 pact; and 

4 (II) any outstanding authoriza5 tion required for project construction 

6 not later than 150 days after the date 

7 of an issuance of a record of decision 

8 or a finding of no significant impact 

9 under subclause (I). 

10 (E) FACTORS FOR CONSIDERATION.—In 

11 establishing a schedule under subparagraph 

12 (D), a Federal lead agency shall consider fac13 tors such as— 

14 (i) the responsibilities of participating 

15 agencies or cooperating agencies under ap16 plicable law; 

17 (ii) resources available to the partici18 pating agencies or cooperating agencies; 

19 (iii) the overall size and complexity of 

20 the project; 

21 (iv) the overall time required by an 

22 agency to conduct the environmental re23 view process and make decisions under ap24 plicable Federal law relating to a project 


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1 (including the issuance or denial of a per2 mit or license); 

3 (v) the cost of the project; 

4 (vi) the sensitivity of the natural and 

5 historic resources that could be affected by 

6 the project; and 

7 (vii) timelines and deadlines estab8 lished in this section and other applicable 

9 law. 

10 (F) MODIFICATIONS.— 

11 (i) IN GENERAL.—Except as provided 

12 in clause (iii), the lead agency may length13 en— 

14 (I) a schedule established for a 

15 project under subparagraph (D) for 

16 good cause, in accordance with clause 

17 (ii); or 

18 (II) shorten a schedule estab19 lished for a project under subpara20 graph (D) if the lead agency has— 

21 (aa) good cause; and 

22 (bb) the concurrence of the 

23 project sponsor and any partici24 pating agencies. 


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1 (ii) GOOD CAUSE.—Good cause to 

2 lengthen a schedule under clause (i)(I) 

3 may include— 

4 (I) Federal law prohibiting the 

5 lead agency or another agency from 

6 issuing an approval or permit within 

7 the period required under subpara8 graph (D); 

9 (II) a request from the project 

10 sponsor that the permit or approval 

11 follow a different timeline; or 

12 (III) a determination by the lead 

13 agency, with the concurrence of the 

14 project sponsor, that an extension 

15 would facilitate completion of the en16 vironmental review process and au17 thorization process of the project. 

18 (iii) EXCEPTIONS.— 

19 (I) SHORTENING OF TIME PE20 RIOD.—A lead agency may not short21 en a schedule under clause (i)(II) if 

22 shortening the schedule would impair 

23 the ability of a participating agency— 

24 (aa) to conduct any nec25 essary analysis; or 


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1 (bb) to otherwise carry out 

2 any relevant obligation of the 

3 participating agency for the 

4 project. 

5 (II) MAJOR PROJECTS.—In the 

6 case of a major project, the lead agen7 cy may lengthen a schedule for a 

8 project under subparagraph (D) for a 

9 Federal participating agency by not 

10 more than 1 year after the latest 

11 deadline established for the major 

12 project by the lead agency. 

13 (III) COORDINATION PLANS

14 PRIOR TO NOTICE OF INTENT.—In the 

15 case of a schedule established for a 

16 project under subparagraph (D) prior 

17 to the publication of a notice of in18 tent, the lead agency may adjust the 

19 schedule, with the concurrence of par20 ticipating agencies and the participa21 tion of the project sponsor, until the 

22 date of publication of the notice of in23 tent. 

24 (G) FAILURE TO MEET SCHEDULE OR

25 DEADLINE.—If a participating Federal agency 


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1 fails to meet a schedule or deadline established 

2 under subparagraph (D), not later than 30 

3 days after the missed schedule or deadline, the 

4 participating Federal agency shall— 

5 (i) notify— 

6 (I) the Director of the Office of 

7 Management and Budget; 

8 (II) the Executive Director of the 

9 Federal Permitting Improvement 

10 Steering Council; 

11 (III) the Secretary concerned; 

12 (IV) the Committee on Energy 

13 and Natural Resources of the Senate; 

14 (V) the Committee on Environ15 ment and Public Works of the Senate; 

16 (VI) the Committee on Natural 

17 Resources of the House of Represent18 atives; and 

19 (VII) the Committee on Energy 

20 and Commerce of the House of Rep21 resentatives; and 

22 (ii) include in the notifications under 

23 clause (i)— 

24 (I) a description of the cause for 

25 the failure; and 


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•S 1399 IS

1 (II) a new schedule or deadline 

2 agreed on by the project sponsor, the 

3 lead agency, and cooperating agencies. 

4 (H) DISSEMINATION.—A copy of a sched5 ule for a project under subparagraph (D), and 

6 any modifications to such a schedule, shall be— 

7 (i) provided to— 

8 (I) all participating agencies; and 

9 (II) the project sponsor; and 

10 (ii) in the case of a schedule for a 

11 major project under that subparagraph, 

12 made available to the public pursuant to 

13 subsection (l). 

14 (I) NO DELAY IN DECISION MAKING.—No 

15 agency shall seek to encourage a sponsor of a 

16 project to withdraw or resubmit an application 

17 to delay decision making within the timelines 

18 under this subsection. 

19 (2) COMMENT DEADLINES.—The lead agency 

20 shall establish the following deadlines for comment 

21 during the environmental review process for a 

22 project: 

23 (A) For comments by agencies and the 

24 public on a draft environmental impact state25 ment, a period of not more than 60 days after 


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•S 1399 IS

1 publication in the Federal Register of a notice 

2 of the date of public availability of the draft, 

3 unless— 

4 (i) a different deadline is established 

5 by agreement of the lead agency, the 

6 project sponsor, and all participating agen7 cies; or 

8 (ii) the deadline is extended by the 

9 lead agency for good cause, together with 

10 a documented and publicly available expla11 nation of the need for an extended com12 ment period. 

13 (B) For all other comment periods estab14 lished by the lead agency for agency or public 

15 comment for a Federal authorization or in the 

16 environmental review process, a period of not 

17 more than 45 days beginning on the first date 

18 of availability of the materials regarding which 

19 comment is requested, unless a different dead20 line of not more than 60 days is established by 

21 agreement of the lead agency and all partici22 pating agencies, in consultation with the project 

23 sponsor. 

24 (3) PUBLIC INVOLVEMENT.—Nothing in this 

25 section— 


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•S 1399 IS

1 (A) reduces any time period provided for— 

2 (i) public comment in the environ3 mental review process; or 

4 (ii) an authorization for a project 

5 under applicable Federal law; 

6 (B) creates a requirement for an additional 

7 public comment opportunity in addition to any 

8 public comment opportunity required for a 

9 project under applicable Federal law; or 

10 (C) creates a new requirement for public 

11 comment on a project for which an environ12 mental assessment is being prepared. 

13 (4) CATEGORICAL EXCLUSIONS.—Nothing in 

14 this subsection affects or creates new requirements 

15 for a project or activity that is eligible for a categor16 ical exclusion. 

17 (5) DEADLINE ENFORCEMENT.— 

18 (A) DEFINITION OF APPLICABLE DEAD19 LINE.—In this paragraph, the term ‘‘applicable 

20 deadline’’ means a deadline— 

21 (i) for the environmental review proc22 ess for a major project required under 

23 paragraph (1)(D)(ii)(I); 


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1 (ii) for a decision on an authorization 

2 for a major project required under para3 graph (1)(D)(ii)(II); or 

4 (iii) described in clause (i) or (ii) that 

5 has been modified under paragraph (1)(F). 

6 (B) PETITION TO COURT.—A project spon7 sor may obtain a review of an alleged failure by 

8 a Federal agency, or a State agency acting pur9 suant to Federal law, to act in accordance with 

10 an applicable deadline under this section by fil11 ing a written petition with a court of competent 

12 jurisdiction seeking an order under subpara13 graph (C). 

14 (C) COURT ORDER.—If a court of com15 petent jurisdiction finds that a Federal agency, 

16 or a State agency acting pursuant to Federal 

17 law, has failed to act in accordance with an ap18 plicable deadline, the court shall set a schedule 

19 and deadline for the agency to act as soon as 

20 practicable, which shall not exceed 90 days 

21 from the date on which the order of the court 

22 is issued, unless the court determines a longer 

23 time period is necessary to comply with applica24 ble law. 


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1 (D) JURISDICTION.—The United States 

2 Court of Appeals for the District of Columbia 

3 shall have original jurisdiction over any civil ac4 tion brought pursuant to subparagraph (B), in 

5 addition to any court of competent jurisdiction 

6 under any other Federal law. 

7 (E) EXPEDITED CONSIDERATION.—A 

8 court of competent jurisdiction shall set for ex9 pedited consideration any action brought under 

10 this subsection. 

11 (h) ISSUE IDENTIFICATION AND RESOLUTION.— 

12 (1) COOPERATION.—The lead agency and each 

13 participating agency shall work cooperatively in ac14 cordance with this section to facilitate the timely 

15 completion of the environmental review and author16 ization process by identifying and resolving issues 

17 that could— 

18 (A) delay final decision making for any au19 thorization for a project; 

20 (B) delay completion of the environmental 

21 review process for a project; or 

22 (C) result in the denial of any authoriza23 tion required for the project under applicable 

24 law. 


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•S 1399 IS

1 (2) ACCELERATED ISSUE RESOLUTION AND RE2 FERRAL.— 

3 (A) IN GENERAL.—A participating agency, 

4 project sponsor, or the Governor of a State in 

5 which a project is located may request an issue 

6 resolution meeting to resolve issues relating to 

7 a project that could— 

8 (i) delay final decision making for any 

9 authorization for a project; 

10 (ii) significantly delay completion of 

11 the environmental review process for a 

12 project; or 

13 (iii) result in the denial of any author14 ization required for the project under ap15 plicable law. 

16 (B) INITIAL MEETING.—Not later than 30 

17 days after the date of receipt of a request under 

18 subparagraph (A), the lead agency shall con19 vene an issue resolution meeting, which shall in20 clude— 

21 (i) the relevant participating agencies; 

22 (ii) the project sponsor; and 

23 (iii) the Governor of a State in which 

24 the project is located, if the Governor reVerDate Sep 11 2014 03:05 May 11, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1399.IS S1399

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1 quested the issue resolution meeting under 

2 that subparagraph. 

3 (C) ELEVATION.—If issue resolution is not 

4 achieved by 30 days after the date of the initial 

5 meeting under subparagraph (B), the issue 

6 shall be elevated to the head of the lead agency, 

7 who shall— 

8 (i) notify— 

9 (I) the heads of the relevant par10 ticipating agencies; 

11 (II) the project sponsor; and 

12 (III) the Governor of a State in 

13 which the project is located, if the 

14 Governor requested the issue resolu15 tion meeting under subparagraph (A); 

16 and 

17 (ii) convene a leadership issue resolu18 tion meeting not later than 90 days after 

19 the date of the initial meeting under sub20 paragraph (B) with— 

21 (I) the heads of the relevant par22 ticipating agencies, including any rel23 evant Secretaries; 

24 (II) the project sponsor; and 


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•S 1399 IS

1 (III) the Governor of a State in 

2 which the project is located, if the 

3 Governor requested the issue resolu4 tion meeting under subparagraph (A). 

5 (D) CONVENTION BY LEAD AGENCY.—A 

6 lead agency may convene an issue resolution 

7 meeting at any time to resolve issues relating to 

8 an authorization or environmental review proc9 ess for a project, without the request of a par10 ticipating agency, project sponsor, or the Gov11 ernor of a State in which the project is located. 

12 (E) REFERRAL OF ISSUE RESOLUTION FOR

13 MAJOR PROJECTS TO COUNCIL ON ENVIRON14 MENTAL QUALITY.— 

15 (i) IN GENERAL.—If issue resolution 

16 for a major project is not achieved by 30 

17 days after the date on which a leadership 

18 issue resolution meeting is convened under 

19 subparagraph (C), the head of the lead 

20 agency shall refer the matter to the Coun21 cil on Environmental Quality. 

22 (ii) MEETING.—Not later than 30 

23 days after the date of receipt of a referral 

24 from the head of the lead agency under 

25 clause (i), the Council on Environmental 


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•S 1399 IS

1 Quality shall convene an issue resolution 

2 meeting with— 

3 (I) the head of the lead agency; 

4 (II) the heads of relevant partici5 pating agencies; 

6 (III) the project sponsor; and 

7 (IV) the Governor of a State in 

8 which the major project is located, if 

9 the Governor requested the issue reso10 lution meeting under subparagraph 

11 (A). 

12 (F) CONSISTENCY WITH OTHER LAW.—An 

13 agency shall implement the requirements of this 

14 paragraph— 

15 (i) unless doing so would prevent the 

16 compliance of the agency with existing law; 

17 and 

18 (ii) consistent with, to the maximum 

19 extent permitted by law, any dispute reso20 lution process established in an applicable 

21 law, regulation, or legally binding agree22 ment. 

23 (G) EFFECT OF PARAGRAPH.—Nothing in 

24 this paragraph limits the application of section 

25 41003 of the FAST Act (42 U.S.C. 4370m–2) 


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•S 1399 IS

1 to a covered project (as defined in section 

2 41001 of that Act (42 U.S.C. 4370m)) that is 

3 a project subject to the requirements of this 

4 section, including with respect to dispute resolu5 tion procedures regarding a permitting time6 table. 

7 (i) ENHANCED TECHNICAL ASSISTANCE FROM LEAD

8 AGENCY.— 

9 (1) DEFINITION OF COVERED PROJECT.—In 

10 this subsection, the term ‘‘covered project’’ means a 

11 project— 

12 (A) that has a pending environmental re13 view or authorization under NEPA; and 

14 (B) for which the lead agency determines 

15 a delay to the schedule established under sub16 section (g) is likely. 

17 (2) TECHNICAL ASSISTANCE.—At the request of 

18 a project sponsor, participating agency, or the Gov19 ernor of a State in which a covered project is lo20 cated, the head of the lead agency may provide tech21 nical assistance to resolve any outstanding issues 

22 that are resulting in project delay for the covered 

23 project, including by— 

24 (A) providing additional staff, training, 

25 and expertise; 


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•S 1399 IS

1 (B) facilitating interagency coordination; 

2 (C) promoting more efficient collaboration; 

3 and 

4 (D) supplying specialized onsite assistance. 

5 (3) SCOPE OF WORK.—In providing technical 

6 assistance for a covered project under this sub7 section, the head of the lead agency shall establish 

8 a scope of work that describes the actions that the 

9 head of the lead agency will take to resolve the out10 standing issues and project delays. 

11 (4) CONSULTATION.—In providing technical as12 sistance for a covered project under this subsection, 

13 the head of the lead agency shall consult, if appro14 priate, with participating agencies on all methods 

15 available to resolve any outstanding issues and 

16 project delays for a covered project as expeditiously 

17 as practicable. 

18 (j) JUDICIAL REVIEW.—Except as provided in sub19 section (k), nothing in this section affects the reviewability 

20 of any final Federal agency action in a court of— 

21 (1) the United States; or 

22 (2) any State. 

23 (k) EFFICIENCY OF CLAIMS.— 

24 (1) STATUTE OF LIMITATIONS.—Notwith25 standing any other provision of law, a claim arising 


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•S 1399 IS

1 under Federal law seeking judicial review of an au2 thorization issued or denied by a Federal agency for 

3 a project shall be barred unless the claim is filed by 

4 150 days after the later of the date on which the au5 thorization is final in accordance with the law under 

6 which the agency action is taken and the date of 

7 publication of a notice that the environmental docu8 ment is final in accordance with NEPA, unless a 

9 shorter time is specified in the Federal law pursuant 

10 to which judicial review is allowed. 

11 (2) EXPEDITED REVIEW.—A court of com12 petent jurisdiction shall set for expedited consider13 ation any claim arising under Federal law seeking 

14 judicial review of an authorization issued or denied 

15 by a Federal agency, or a State agency acting pur16 suant to Federal law, for a project. 

17 (3) REMANDED ACTIONS.— 

18 (A) IN GENERAL.—If a court of competent 

19 jurisdiction remands a final Federal agency ac20 tion for a project to the Federal agency, the 

21 court shall set a reasonable schedule and dead22 line for the agency to act on remand, which 

23 shall not exceed 180 days from the date on 

24 which the order of the court was issued, unless 


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•S 1399 IS

1 a longer time period is necessary to comply with 

2 applicable law. 

3 (B) EXPEDITED TREATMENT OF RE4 MANDED ACTIONS.—The head of the Federal 

5 agency to which a court remands a final Fed6 eral agency action under subparagraph (A) 

7 shall take such actions as may be necessary to 

8 provide for the expeditious disposition of the ac9 tion on remand in accordance with the schedule 

10 and deadline set by the court under that sub11 paragraph. 

12 (4) RANDOM ASSIGNMENT OF CASES.—To the 

13 maximum extent practicable, district courts of the 

14 United States and courts of appeals of the United 

15 States shall randomly assign cases seeking judicial 

16 review of any authorization issued by a Federal 

17 agency for a project to judges appointed, designated, 

18 or assigned to sit as judges of the court in a manner 

19 to avoid the appearance of favoritism or bias. 

20 (5) EFFECT OF SUBSECTION.—Nothing in this 

21 subsection— 

22 (A) establishes a right to judicial review; 

23 or 


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•S 1399 IS

1 (B) places any limit on filing a claim that 

2 a person has violated the terms of an authoriza3 tion. 

4 (6) TREATMENT OF SUPPLEMENTAL OR RE5 VISED ENVIRONMENTAL DOCUMENTS.—With respect 

6 to a project— 

7 (A) the preparation of a supplemental or 

8 revised environmental document for the project, 

9 when required, shall be considered to be a sepa10 rate final agency action for purposes of the 

11 deadline under subparagraph (B); and 

12 (B) the deadline for filing a claim for judi13 cial review of that action shall be the date that 

14 is 150 days after the date of publication of a 

15 notice in the Federal Register announcing the 

16 final agency action, unless a shorter time is 

17 specified in the Federal law pursuant to which 

18 judicial review is authorized. 

19 (l) IMPROVING TRANSPARENCY IN PROJECT STA20 TUS.— 

21 (1) IN GENERAL.—Not later than 120 days 

22 after the date of enactment of this Act, the Sec23 retary concerned shall— 

24 (A) use the searchable internet website 

25 maintained under section 41003(b) of the 


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•S 1399 IS

1 FAST Act (42 U.S.C. 4370m–2(b)) to make 

2 publicly available— 

3 (i) the status, schedule, and progress 

4 of each major project, including a project 

5 for which an authorization is being sought 

6 or that is subject to an environmental re7 view process initiated prior to the date of 

8 enactment of this Act, with respect to com9 pliance with the applicable requirements of 

10 NEPA, any authorization, and any other 

11 Indian Tribe, State, or local agency au12 thorization required for the major project; 

13 and 

14 (ii) a list of the participating agencies 

15 for each major project; and 

16 (B) establish such reporting standards as 

17 are necessary to meet the requirements of sub18 paragraph (A), which shall include require19 ments— 

20 (i) to track major projects from initi21 ation through the date that final author22 izations required to begin construction are 

23 issued or the major project is withdrawn; 

24 and 


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•S 1399 IS

1 (ii) to update the status, schedule, 

2 and progress of major projects to reflect 

3 any changes to the project status or sched4 ule, including changes resulting from liti5 gation (including any injunctions, vacatur 

6 of authorizations, and timelines for any ad7 ditional authorization or environmental re8 view process that is required as a result of 

9 litigation). 

10 (2) FEDERAL, STATE, AND LOCAL AGENCY PAR11 TICIPATION.— 

12 (A) FEDERAL AGENCIES.—A Federal 

13 agency participating in the environmental re14 view process or authorization process for a 

15 major project shall provide to the Secretary 

16 concerned information relating to the status 

17 and progress of the authorization of the major 

18 project for publication on the internet website 

19 referred to in paragraph (1)(A), consistent with 

20 the standards established under paragraph 

21 (1)(B). 

22 (B) STATE AND LOCAL AGENCIES.—The 

23 Secretary concerned shall encourage State and 

24 local agencies participating in the environ25 mental review process or authorization process 


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1 for a major project to provide information relat2 ing to the status and progress of the authoriza3 tion of the major project for publication on the 

4 internet website referred to in paragraph 

5 (1)(A). 

6 (m) ACCOUNTABILITY AND REPORTING FOR MAJOR

7 PROJECTS.—Each Secretary concerned shall— 

8 (1) not later than 1 year after the date of en9 actment of this Act, establish a performance ac10 countability system for the agency represented by 

11 the Secretary concerned; and 

12 (2) on establishment of the performance ac13 countability system under paragraph (1), and not 

14 less frequently than annually thereafter, publish a 

15 report describing performance accountability for 

16 each major project authorization and review con17 ducted during the preceding year by the agency rep18 resented by the Secretary concerned, including— 

19 (A) for each major project for which that 

20 agency serves as a lead agency or a partici21 pating agency, the extent to which the agency 

22 is achieving compliance with each schedule es23 tablished under this section for an authoriza24 tion, environmental review process, or consulta25 tion; 


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•S 1399 IS

1 (B) for each major project for which that 

2 agency serves as a lead agency, information re3 garding the average time required to complete 

4 each applicable authorization and the environ5 mental review process; and 

6 (C) for each major project for which that 

7 agency serves as a participating agency with ju8 risdiction over an authorization, information re9 garding the average time required to complete 

10 the authorization process. 

11 (n) PROGRAMMATIC COMPLIANCE.— 

12 (1) IN GENERAL.—The Secretary concerned 

13 shall allow for the use of programmatic approaches 

14 to conduct environmental reviews that— 

15 (A) eliminate repetitive discussions of the 

16 same issue; 

17 (B) focus on the issues ripe for analysis at 

18 each level of review; and 

19 (C) are consistent with— 

20 (i) NEPA; and 

21 (ii) other applicable laws. 

22 (2) REQUIREMENTS.—In carrying out this sub23 section, each lead agency shall ensure that pro24 grammatic approaches to conduct environmental re25 view processes— 


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•S 1399 IS

1 (A) promote transparency, including the 

2 transparency of— 

3 (i) the analyses and data used in the 

4 environmental review process; 

5 (ii) the treatment of any deferred 

6 issues raised by agencies or the public; and 

7 (iii) the temporal and spatial scales to 

8 be used to analyze issues under clauses (i) 

9 and (ii); 

10 (B) use accurate and timely information, 

11 including through the establishment of— 

12 (i) criteria for determining the general 

13 duration of the usefulness of the environ14 mental review process; and 

15 (ii) a timeline for updating any out-of16 date environmental review process; 

17 (C) describe— 

18 (i) the relationship between any pro19 grammatic analysis and future tiered anal20 ysis; and 

21 (ii) the role of the public in the cre22 ation of future tiered analyses; 

23 (D) are available to other relevant Federal 

24 and State agencies, Indian Tribes, Alaska Na25 tive Corporations, and the public; and 


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•S 1399 IS

1 (E) provide notice and public comment op2 portunities consistent with applicable require3 ments. 

4 (o) DEVELOPMENT OF CATEGORICAL EXCLU5 SIONS.— 

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

7 after the date of enactment of this Act, and not less 

8 frequently than once every 4 years thereafter, each 

9 Secretary concerned, in consultation with the Chair 

10 of the Council on Environmental Quality, shall— 

11 (A) in consultation with the other agencies 

12 described in paragraph (2), as applicable, iden13 tify each categorical exclusion available to such 

14 an agency that would accelerate delivery of a 

15 project if the categorical exclusion was available 

16 to the Secretary concerned; and 

17 (B) collect existing documentation and 

18 substantiating information relating to each cat19 egorical exclusion identified under subpara20 graph (A). 

21 (2) DESCRIPTION OF AGENCIES.—The agencies 

22 referred to in paragraph (1) are— 

23 (A) the Department of Agriculture; 

24 (B) the Department of the Army; 

25 (C) the Department of Commerce; 


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•S 1399 IS

1 (D) the Department of Defense; 

2 (E) the Department of Energy; 

3 (F) the Department of the Interior; 

4 (G) the Federal Energy Regulatory Com5 mission; and 

6 (H) any other Federal agency that has 

7 participated in an environmental review process 

8 for a project, as determined by the Chair of the 

9 Council on Environmental Quality. 

10 (3) ADOPTION OF CATEGORICAL EXCLU11 SIONS.—Not later than 1 year after the date on 

12 which categorical exclusions are identified under 

13 paragraph (1)(A), each Secretary concerned shall— 

14 (A) determine whether any such categor15 ical exclusion meets the applicable criteria for a 

16 categorical exclusion under— 

17 (i) the NEPA implementing regula18 tions; and 

19 (ii) any relevant regulations of the 

20 agency represented by the Secretary con21 cerned; and 

22 (B) publish a notice of proposed rule23 making to propose the adoption of any identi24 fied categorical exclusion that— 


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1 (i) is applicable to the agency rep2 resented by the Secretary concerned; and 

3 (ii) meets the applicable criteria de4 scribed in subparagraph (A). 

5 (p) ADDITIONS TO CATEGORICAL EXCLUSIONS.— 

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

7 after the date of enactment of this Act, and not 

8 later than 5 years thereafter, each Secretary con9 cerned shall— 

10 (A) conduct a survey regarding the use by 

11 the agency represented by the Secretary con12 cerned of categorical exclusions for projects 

13 during the 5-year period preceding the date of 

14 the survey; 

15 (B) publish a review of the survey under 

16 subparagraph (A) that includes a description 

17 of— 

18 (i) the types of actions eligible for 

19 each categorical exclusion covered by the 

20 survey; and 

21 (ii) any requests previously received 

22 by the Secretary concerned for new cat23 egorical exclusions; and 

24 (C) solicit requests for new categorical ex25 clusions. 


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•S 1399 IS

1 (2) NEW CATEGORICAL EXCLUSIONS.—Not 

2 later than 120 days after the date of a solicitation 

3 of requests under paragraph (1)(C), the Secretary 

4 concerned shall publish a notice of proposed rule5 making to propose the adoption of any such new cat6 egorical exclusions, to the extent that the categorical 

7 exclusions meet the applicable criteria for a categor8 ical exclusions under— 

9 (A) the NEPA implementing regulations; 

10 and 

11 (B) any relevant regulations of the agency 

12 represented by the Secretary concerned. 

13 SEC. 103. PRIORITIZING ENERGY PROJECTS OF STRATEGIC 

14 NATIONAL IMPORTANCE. 

15 (a) DEFINITIONS.—In this section: 

16 (1) CRITICAL MINERAL.—The term ‘‘critical 

17 mineral’’ has the meaning given the term in section 

18 7002(a) of the Energy Act of 2020 (30 U.S.C. 

19 1606(a)). 

20 (2) DESIGNATED PROJECT.—The term ‘‘des21 ignated project’’ means an energy project of stra22 tegic national importance designated for priority 

23 Federal review under subsection (b). 

24 (b) DESIGNATION OF PROJECTS.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of enactment of this Act, the President, in 

3 consultation with the Secretary of Energy, the Sec4 retary of the Interior, the Administrator of the Envi5 ronmental Protection Agency, the Federal Energy 

6 Regulatory Commission, and the heads of any other 

7 relevant Federal departments or agencies, as deter8 mined by the President, shall— 

9 (A) designate 25 energy projects of stra10 tegic national importance for priority Federal 

11 review, in accordance with this section; and 

12 (B) publish a list of those designated 

13 projects in the Federal Register. 

14 (2) UPDATES.—Not later than 180 days after 

15 the date on which the President publishes the list 

16 under paragraph (1)(B), and every 180 days there17 after during the 10-year period beginning on that 

18 date, the President shall publish an updated list, 

19 which shall— 

20 (A) include not less than 25 designated 

21 projects; and 

22 (B) include each previously designated 

23 project until— 


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1 (i) a final decision has been issued for 

2 each authorization for the designated 

3 project; or 

4 (ii) the project sponsor withdraws its 

5 request for authorization. 

6 (3) PROJECT TYPES; FIRST 7 YEARS.—During 

7 the 7-year period beginning on the date on which the 

8 President publishes the list under paragraph (1)(B), 

9 of the list of designated projects maintained on an 

10 ongoing basis pursuant to this subsection, not fewer 

11 than— 

12 (A) 5 shall be projects for the mining, ex13 traction, beneficiation, or processing of critical 

14 minerals— 

15 (i) of which not fewer than 3 shall in16 clude new mining or extraction of critical 

17 minerals; and 

18 (ii) for which critical mineral produc19 tion may occur as a byproduct; 

20 (B) 7 shall be projects— 

21 (i) to generate electricity or store en22 ergy without the use of fossil fuels; or 

23 (ii) to manufacture clean energy 

24 equipment; 


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•S 1399 IS

1 (C) 6 shall be projects to produce, process, 

2 transport, or store fossil fuel products, or 

3 biofuels, including projects to export or import 

4 those products from nations described in sub5 section (c)(3)(A)(vi); 

6 (D) 3 shall be electric transmission 

7 projects or projects using grid-enhancing tech8 nology; 

9 (E) 2 shall be projects to capture, trans10 port, or store carbon dioxide, which may include 

11 the utilization of captured or displaced carbon 

12 dioxide emissions; and 

13 (F) 2 shall be a project to produce, trans14 port, or store clean hydrogen, including projects 

15 to export or import those products from nations 

16 described in subsection (c)(3)(A)(vi). 

17 (4) PROJECT TYPES; PHASE-DOWN.—During 

18 the 3-year period beginning 7 years after the date on 

19 which the President publishes the list under para20 graph (1)(B), of the list of designated projects main21 tained on an ongoing basis pursuant to this sub22 section, not fewer than— 

23 (A) 2 shall be projects for the mining, ex24 traction, beneficiation, or processing of critical 

25 minerals; 


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1 (B) 3 shall be projects described in para2 graph (3)(B); 

3 (C) 3 shall be projects described in para4 graph (3)(C); 

5 (D) 1 shall be a project described in para6 graph (3)(D); 

7 (E) 1 shall be a project described in para8 graph (3)(E); and 

9 (F) 1 shall be a project described in para10 graph (3)(F). 

11 (5) LIST OF PROJECTS MEETING EACH CAT12 EGORY THRESHOLD; INSUFFICIENT APPLICA13 TIONS.— 

14 (A) IN GENERAL.—Subject to subpara15 graph (B), during the 10-year period beginning 

16 on the date on which the President publishes 

17 the list under paragraph (1)(B), the President 

18 shall maintain a list of designated projects that 

19 meet the minimum threshold for the applicable 

20 category of projects under each subparagraph 

21 of paragraph (3) or (4), as applicable. 

22 (B) INSUFFICIENT APPLICATIONS.—If the 

23 number of applications submitted that meet the 

24 requirements for a designated project for a cat25 egory of projects under a subparagraph of paraVerDate Sep 11 2014 03:05 May 11, 2023 Jkt 039200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S1399.IS S1399

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1 graph (3) or (4), as applicable, is not sufficient 

2 to meet the minimum threshold under that sub3 paragraph, the President shall designate the 

4 maximum number of applications submitted 

5 that meet the requirements for a designated 

6 project for the applicable category until a suffi7 cient number of applications meeting the re8 quirements for a designated project for such 

9 category has been submitted. 

10 (c) SELECTION AND PRIORITY REQUIREMENTS.— 

11 (1) IN GENERAL.—The President shall carry 

12 out subsection (b) based on a review of applications 

13 for authorizations or other reviews submitted to the 

14 Corps of Engineers, the Department of Defense, the 

15 Department of Energy, the Department of the Inte16 rior, the Environmental Protection Agency, the For17 est Service, the Federal Energy Regulatory Commis18 sion, the Nuclear Regulatory Commission, the Mari19 time Administration, the Pipeline and Hazardous 

20 Materials Safety Administration, and the Federal 

21 Permitting Improvement Steering Council. 

22 (2) REQUIREMENT.—The President shall des23 ignate under subsection (b) only projects that the 

24 President determines are likely— 


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1 (A) to require an environmental assess2 ment or environmental impact statement under 

3 NEPA; 

4 (B) to require review by more than 2 Fed5 eral or State agencies; 

6 (C) to have a total project cost of more 

7 than $250,000,000; and 

8 (D) to have sufficient financial support 

9 from the project sponsor to ensure project com10 pletion. 

11 (3) PRIORITY.— 

12 (A) IN GENERAL.—In considering projects 

13 to designate under subsection (b), the President 

14 shall give priority to projects the completion of 

15 which will significantly advance 1 or more of 

16 the following objectives: 

17 (i) Reducing energy prices in the 

18 United States. 

19 (ii) Reducing greenhouse gas emis20 sions. 

21 (iii) Improving electric reliability in 

22 North America. 

23 (iv) Advancing emerging energy tech24 nologies. 


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1 (v) Improving the domestic supply 

2 chains for, and manufacturing of, energy 

3 products, energy equipment, and critical 

4 minerals. 

5 (vi) Increasing energy trade between 

6 the United States and— 

7 (I) nations that are signatories to 

8 free trade agreements with the United 

9 States that cover the trade of energy 

10 products; 

11 (II) members of the North Atlan12 tic Treaty Organization; 

13 (III) members of the Organiza14 tion for Economic Cooperation and 

15 Development; 

16 (IV) nations with a transmission 

17 system operator that is included in 

18 the European Network of Trans19 mission System Operators for Elec20 tricity, including as an observer mem21 ber; or 

22 (V) any other country designated 

23 as an ally or partner nation by the 

24 President for purposes of this section. 


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1 (vii) Reducing the reliance of the 

2 United States on the supply chains of for3 eign entities of concern (as defined in sec4 tion 40207(a) of the Infrastructure Invest5 ment and Jobs Act (42 U.S.C. 18741(a))). 

6 (viii) To the extent practicable, mini7 mizing development impacts through the 

8 use of existing— 

9 (I) rights-of-way; 

10 (II) facilities; or 

11 (III) other infrastructure. 

12 (ix) Creating jobs— 

13 (I) with wages at rates not less 

14 than those prevailing on similar 

15 projects in the locality, as determined 

16 by the Secretary of Labor in accord17 ance with subchapter IV of chapter 31 

18 of title 40, United States Code (com19 monly referred to as the ‘‘Davis20 Bacon Act’’); and 

21 (II) with consideration of the 

22 magnitude and timing of the direct 

23 and indirect employment impacts of 

24 carrying out the project. 


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1 (B) OTHER PRIORITY.—In considering 

2 projects to designate for the category of 

3 projects described in subsection (b)(3)(C), in 

4 addition to the priorities specified in subpara5 graph (A), the President shall give priority to 

6 projects the completion of which will signifi7 cantly reduce greenhouse gas emissions. 

8 (d) REVIEWS OF DESIGNATED PROJECTS.— 

9 (1) IN GENERAL.—The President shall, in con10 sultation with the applicable department and agency 

11 heads, the Director of the Office of Management and 

12 Budget, the Chair of the Council on Environmental 

13 Quality, and the Federal Permitting Improvement 

14 Steering Council, direct Federal agencies through 

15 executive order to prioritize the completion of the 

16 environmental review process and decisions on au17 thorizations for designated projects. 

18 (2) TIMELINES.—To the maximum extent prac19 ticable and consistent with applicable Federal law, 

20 the President shall complete— 

21 (A) the environmental review process— 

22 (i) in the case of a designated project 

23 for which the lead agency determines an 

24 environmental impact statement is re25 quired, not later than 2 years after the 


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1 date of publication by the lead agency of a 

2 notice of intent to prepare an environ3 mental impact statement to the record of 

4 decision; and 

5 (ii) in the case of a designated project 

6 for which the lead agency determines an 

7 environmental assessment is required, not 

8 later than 1 year after the date on which 

9 the head of the lead agency determines 

10 that an environmental assessment is re11 quired to a finding of no significant im12 pact; and 

13 (B) decisions on any outstanding author14 ization required for project construction within 

15 180 days of the issuance of a record of decision 

16 or finding of no significant impact under sub17 paragraph (A). 

18 (3) STREAMLINING REVIEW PROCESS.—A des19 ignated project shall be considered a major project 

20 (as defined in section 102(a)) subject to the require21 ments of that section. 

22 (e) NEPA.— 

23 (1) IN GENERAL.—Nothing in this section su24 persedes or modifies any applicable requirement, auVerDate Sep 11 2014 03:05 May 11, 2023 Jkt 039200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S1399.IS S1399

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1 thority, or agency responsibility provided under 

2 NEPA. 

3 (2) DESIGNATION OF PROJECTS.—The act of 

4 designating a project under subsections (b) and (c) 

5 shall not be subject to the National Environmental 

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

7 (f) REPORT.—Not later than 180 days after the date 

8 of enactment of this Act, and every 90 days thereafter, 

9 the President shall submit to the Committee on Energy 

10 and Natural Resources and the Committee on Environ11 ment and Public Works of the Senate and the Committee 

12 on Energy and Commerce and the Committee on Natural 

13 Resources of the House of Representatives a report de14 scribing— 

15 (1) each designated project and the basis for 

16 designating that project pursuant to subsection (c); 

17 (2) for each designated project, all outstanding 

18 authorizations, environmental reviews, consultations, 

19 public comment periods, or other Federal, State, or 

20 local reviews required for project completion; and 

21 (3) for each authorization, environmental re22 view, consultation, public comment period, or other 

23 review under paragraph (2)— 

24 (A) an estimated completion date; and 

25 (B) an explanation of— 


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1 (i) any delays meeting the timelines 

2 established in this section or in applicable 

3 Federal, State, or local law; and 

4 (ii) any changes to the date described 

5 in subparagraph (A) from a report pre6 viously submitted under this subsection. 

7 (g) FUNDING.— 

8 (1) IN GENERAL.—Out of amounts appro9 priated under section 70007 of Public Law 117–169 

10 to the Environmental Review Improvement Fund es11 tablished under section 41009(d)(1) of the FAST 

12 Act (42 U.S.C. 4370m–8(d)(1)), $250,000,000 shall 

13 be used to provide funding to agencies to support 

14 more efficient, accurate, and timely reviews of des15 ignated projects in accordance with paragraph (2). 

16 (2) USE OF FUNDS.—The Federal Permitting 

17 Improvement Steering Council shall prescribe the 

18 use of funds provided to agencies under paragraph 

19 (1), which may include— 

20 (A) the hiring and training of personnel; 

21 (B) the development of programmatic doc22 uments; 

23 (C) the procurement of technical or sci24 entific services for environmental reviews; 


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1 (D) the development of data or informa2 tion systems; 

3 (E) stakeholder and community engage4 ment; 

5 (F) the purchase of new equipment for 

6 analysis; and 

7 (G) the development of geographic infor8 mation systems and other analytical tools, tech9 niques, and guidance to improve agency trans10 parency, accountability, and public engagement. 

11 (3) LIMITATION.—Of the amounts made avail12 able under paragraph (1) for a fiscal year, not more 

13 than $1,500,000 shall be allocated to support the re14 view of a single designated project. 

15 (4) SUPPLEMENT NOT SUPPLANT.—Funds ap16 propriated under this subsection shall be used in ad17 dition to existing funding mechanisms, including 

18 agency user fees and application fees. 

19 SEC. 104. EMPOWERING THE FEDERAL PERMITTING IM20 PROVEMENT STEERING COUNCIL AND IM21 PROVING REVIEWS. 

22 (a) DEFINITION OF COVERED PROJECT.—Section 

23 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) 

24 is amended— 


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1 (1) in the matter preceding clause (i), by insert2 ing ‘‘critical mineral mining, production, 

3 beneficiation, or processing,’’ before ‘‘electricity 

4 transmission’’; and 

5 (2) in clause (i), by striking subclause (II) and 

6 inserting the following: 

7 ‘‘(II) is likely to require a total invest8 ment of— 

9 ‘‘(aa) more than $200,000,000; 

10 or 

11 ‘‘(bb) in the case of a project for 

12 the construction, production, trans13 portation, storage, or generation of 

14 energy, more than $50,000,000; and’’. 

15 (b) TRANSPARENCY.—Section 41003(b)(2)(A)(iii) of 

16 the FAST Act (42 U.S.C. 4370m–2(b)(2)(A)(iii)) is 

17 amended by adding at the end the following: 

18 ‘‘(III) OUTER CONTINENTAL

19 SHELF LANDS ACT.—The Secretary of 

20 the Interior shall create and maintain 

21 a specific entry on the Dashboard for 

22 the preparation and revision of the oil 

23 and gas leasing program required 

24 under section 18 of the Outer ContiVerDate Sep 11 2014 03:05 May 11, 2023 Jkt 039200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S1399.IS S1399

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1 nental Shelf Lands Act (43 U.S.C. 

2 1344). 

3 ‘‘(IV) ADDITIONAL ENERGY

4 PROJECTS.—The Secretary of the In5 terior or the Secretary of Energy, as 

6 applicable, shall create and maintain a 

7 specific entry on the Dashboard for 

8 any project that is a designated 

9 project (as defined in section 103(a) 

10 of the Building American Energy Se11 curity Act of 2023) for which a notice 

12 of initiation under subsection 

13 (a)(1)(A) has not been submitted, un14 less the project is already included on 

15 the Dashboard as a covered project.’’. 

16 SEC. 105. LITIGATION TRANSPARENCY. 

17 (a) DEFINITIONS.—In this section: 

18 (1) COVERED CIVIL ACTION.—The term ‘‘cov19 ered civil action’’ means a civil action— 

20 (A) seeking to compel agency action affect21 ing a project, as defined under section 102 of 

22 this Act; and 

23 (B) brought under— 

24 (i) chapter 7 of title 5, United States 

25 Code; or 


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1 (ii) any other statute authorizing such 

2 an action. 

3 (2) COVERED CONSENT DECREE.—The term 

4 ‘‘covered consent decree’’ means a consent decree 

5 entered into in a covered civil action. 

6 (3) COVERED CONSENT DECREE OR SETTLE7 MENT AGREEMENT.—The term ‘‘covered consent de8 cree or settlement agreement’’ means a covered con9 sent decree and a covered settlement agreement. 

10 (4) COVERED SETTLEMENT AGREEMENT.—The 

11 term ‘‘covered settlement agreement’’ means a set12 tlement agreement entered into in a covered civil ac13 tion. 

14 (b) TRANSPARENCY.— 

15 (1) PLEADINGS AND PRELIMINARY MATTERS.— 

16 (A) IN GENERAL.—In any covered civil ac17 tion, the agency against which the covered civil 

18 action is brought shall publish the notice of in19 tent to sue and the complaint in a readily ac20 cessible manner, including by making the notice 

21 of intent to sue and the complaint available on22 line not later than 15 days after receiving serv23 ice of the notice of intent to sue or complaint, 

24 respectively. 


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1 (B) ENTRY OF A COVERED CONSENT DE2 CREE OR SETTLEMENT AGREEMENT.—A party 

3 may not make a motion for entry of a covered 

4 consent decree or to dismiss a civil action pur5 suant to a covered settlement agreement until 

6 after the requirements of subparagraph (A) 

7 have been met. 

8 (2) PUBLICATION OF COVERED CONSENT DE9 CREES OR SETTLEMENT AGREEMENTS; PUBLIC COM10 MENT.—Not later than 30 days before the date on 

11 which a covered consent decree or settlement agree12 ment is filed with a court, the agency seeking to 

13 enter the covered consent decree or settlement agree14 ment shall— 

15 (A) publish online the proposed covered 

16 consent decree or settlement agreement; and 

17 (B) provide a reasonable opportunity by 

18 notice in the Federal Register to persons who 

19 are not named as parties or interveners to the 

20 covered civil action to comment in writing. 

21 (c) CONSIDERATION OF PUBLIC COMMENT.—An 

22 agency seeking to enter a covered consent decree or settle23 ment agreement shall promptly consider any written com24 ments received under subsection (b)(2)(B) and may with25 draw or withhold consent to the proposed consent decree 


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1 or settlement agreement if the comments disclose facts or 

2 considerations that indicate that the consent is inappro3 priate, improper, inadequate, or inconsistent with any pro4 vision of law. 

5 TITLE II—MODERNIZING 

6 PERMITTING LAWS 

7 SEC. 201. TRANSMISSION. 

8 (a) CONSTRUCTION PERMIT.—Section 216 of the 

9 Federal Power Act (16 U.S.C. 824p) is amended by strik10 ing subsection (b) and inserting the following: 

11 ‘‘(b) CONSTRUCTION PERMIT.—Except as provided 

12 in subsections (d)(1) and (i), the Commission may, after 

13 notice and an opportunity for hearing, issue 1 or more 

14 permits for the construction or modification of electric 

15 transmission facilities necessary in the national interest if 

16 the Commission finds that— 

17 ‘‘(1)(A) a State in which the transmission fa18 cilities are to be constructed or modified does not 

19 have authority to— 

20 ‘‘(i) approve the siting of the facilities; or 

21 ‘‘(ii) consider the interstate benefits or 

22 interregional benefits expected to be achieved by 

23 the proposed construction or modification of 

24 transmission facilities in the State; 


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1 ‘‘(B) the applicant for a permit is a transmit2 ting utility under this Act but does not qualify to 

3 apply for a permit or siting approval for the pro4 posed project in a State because the applicant does 

5 not serve end-use customers in the State; or 

6 ‘‘(C) a State commission or other entity that 

7 has authority to approve the siting of the facilities— 

8 ‘‘(i) has not made a determination on an 

9 application seeking approval pursuant to appli10 cable law by the date that is 1 year after the 

11 date on which the application was filed with the 

12 State commission or other entity; 

13 ‘‘(ii) has conditioned its approval in such a 

14 manner that the proposed construction or modi15 fication will not significantly reduce trans16 mission capacity constraints or congestion in 

17 interstate commerce or is not economically fea18 sible; or 

19 ‘‘(iii) has denied an application seeking ap20 proval pursuant to applicable law; 

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

22 transmission of electric energy in interstate (includ23 ing transmission from the outer Continental Shelf to 

24 a State) or foreign commerce; 


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1 ‘‘(3) the proposed construction or modification 

2 is consistent with the public interest; 

3 ‘‘(4) the proposed construction or modification 

4 will— 

5 ‘‘(A) significantly reduce transmission con6 gestion in interstate commerce; and 

7 ‘‘(B) protect or benefit consumers; 

8 ‘‘(5) the proposed construction or modifica9 tion— 

10 ‘‘(A) is consistent with sound national en11 ergy policy; and 

12 ‘‘(B) will enhance energy independence; 

13 and 

14 ‘‘(6) the proposed modification will maximize, 

15 to the extent reasonable and economical, the trans16 mission capabilities of existing towers or struc17 tures.’’. 

18 (b) STATE SITING AND CONSULTATION.—Section 

19 216 of the Federal Power Act (16 U.S.C. 824p) is amend20 ed by striking subsection (d) and inserting the following: 

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

22 ‘‘(1) PRESERVATION OF STATE SITING AUTHOR23 ITY.—The Commission shall have no authority to 

24 issue a permit under subsection (b) for the construc25 tion or modification of an electric transmission facilVerDate Sep 11 2014 03:05 May 11, 2023 Jkt 039200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S1399.IS S1399

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1 ity within a State except as provided in paragraph 

2 (1) of that subsection. 

3 ‘‘(2) CONSULTATION.—In any proceeding be4 fore the Commission under subsection (b), the Com5 mission shall afford each State in which a trans6 mission facility covered by the permit is or will be 

7 located, each affected Federal agency and Indian 

8 Tribe, private property owners, and other interested 

9 persons a reasonable opportunity to present their 

10 views and recommendations with respect to the need 

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

12 (c) RIGHTS-OF-WAY.—Section 216(e) of the Federal 

13 Power Act (16 U.S.C. 824p(e)) is amended— 

14 (1) in paragraph (1), by striking ‘‘or a State’’; 

15 and 

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

17 ‘‘(5) Compensation for property taken under 

18 this subsection shall be determined and awarded by 

19 the district court of the United States in accordance 

20 with section 3114(c) of title 40, United States 

21 Code.’’. 

22 (d) COST ALLOCATION.— 

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

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

25 subsection (f) and inserting the following: 


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1 ‘‘(f) COST ALLOCATION.— 

2 ‘‘(1) TRANSMISSION TARIFFS.—For the pur3 poses of this section, any transmitting utility that 

4 owns, controls, or operates electric transmission fa5 cilities that the Commission finds to be consistent 

6 with the findings under paragraphs (2) through (5) 

7 and, if applicable, (6) of subsection (b) shall file a 

8 tariff with the Commission in accordance with sec9 tion 205 and the regulations of the Commission allo10 cating the costs of the new or modified transmission 

11 facilities. 

12 ‘‘(2) COST ALLOCATION PRINCIPLES.—The 

13 Commission shall require that tariffs filed under this 

14 subsection fairly reflect and allocate the costs of pro15 viding service to each class of customers, including 

16 improved reliability, reduced congestion, reduced 

17 power losses, greater carrying capacity, reduced op18 erating reserve requirements, and improved access to 

19 generation, in accordance with cost allocation prin20 ciples of the Commission. 

21 ‘‘(3) COST CAUSATION PRINCIPLE.—The cost of 

22 electric transmission facilities described in para23 graph (1) shall be allocated to customers within the 

24 transmission planning region or regions that benefit 

25 from the facilities in a manner that is at least 


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1 roughly commensurate with the estimated benefits 

2 described in paragraph (2).’’. 

3 (2) SAVINGS CLAUSE.—If the Federal Energy 

4 Regulatory Commission finds that the considerations 

5 under paragraphs (2) through (5) and, if applicable, 

6 (6) of subsection (b) of section 216 of the Federal 

7 Power Act (16 U.S.C. 824p) (as amended by sub8 section (a)) are met, nothing in this section or the 

9 amendments made by this section shall be construed 

10 to exclude transmission facilities located on the outer 

11 Continental Shelf from being eligible for cost alloca12 tion established under subsection (f)(1) of that sec13 tion (as amended by paragraph (1)). 

14 (e) COORDINATION OF FEDERAL AUTHORIZATIONS

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

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

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

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

19 ‘‘(A) the Commission shall act as the lead 

20 agency in the case of facilities permitted under 

21 subsection (b); and 

22 ‘‘(B) the Department of the Interior shall 

23 act as the lead agency in the case of facilities 

24 located on a lease, easement, or right-of-way 

25 granted by the Secretary of the Interior under 


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1 section 8(p)(1)(C) of the Outer Continental 

2 Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)).’’; 

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

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

5 by striking ‘‘Secretary’’ each place it appears and in6 serting ‘‘lead agency’’; 

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

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

9 ‘‘The lead agency’’; 

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

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

12 agency’’; and 

13 (5) in paragraph (7)— 

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

15 months after the date of enactment of this sec16 tion’’ and inserting ‘‘18 months after the date 

17 of enactment of the Building American Energy 

18 Security Act of 2023’’; and 

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

20 year after the date of enactment of this sec21 tion’’ and inserting ‘‘18 months after the date 

22 of enactment of the Building American Energy 

23 Security Act of 2023’’. 

24 (f) INTERSTATE COMPACTS.—Section 216(i)(4) of 

25 the Federal Power Act (16 U.S.C. 824p(i)(4)) is amended 


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1 by striking ‘‘in disagreement’’ in the matter preceding 

2 subparagraph (A) and all that follows through the period 

3 at the end of subparagraph (B) and inserting ‘‘unable to 

4 reach an agreement on an application seeking approval by 

5 the date that is 1 year after the date on which the applica6 tion for the facility was filed.’’. 

7 (g) TRANSMISSION INFRASTRUCTURE INVEST8 MENT.—Section 219(b)(4) of the Federal Power Act (16 

9 U.S.C. 824s(b)(4)) is amended— 

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

11 after the semicolon at the end; 

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

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

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

15 ‘‘(C) all prudently incurred costs associ16 ated with payments to jurisdictions impacted by 

17 electric transmission facilities developed pursu18 ant to section 216.’’. 

19 (h) CONFORMING AMENDMENT.—Section 50151(b) 

20 of Public Law 117–169 (42 U.S.C. 18715(b)) is amended 

21 by striking ‘‘facilities designated by the Secretary to be 

22 necessary in the national interest’’ and inserting ‘‘facilities 

23 in national interest electric transmission corridors des24 ignated by the Secretary’’. 


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1 SEC. 202. DEFINITION OF NATURAL GAS UNDER THE NAT2 URAL GAS ACT. 

3 (a) IN GENERAL.—Section 2 of the Natural Gas Act 

4 (15 U.S.C. 717a) is amended by striking paragraph (5) 

5 and inserting the following: 

6 ‘‘(5) ‘Natural gas’ means— 

7 ‘‘(A) natural gas unmixed; 

8 ‘‘(B) any mixture of natural and artificial 

9 gas; or 

10 ‘‘(C) hydrogen mixed or unmixed with nat11 ural gas.’’. 

12 (b) CONFORMING AMENDMENTS.—Section 

13 7(c)(1)(A) of the Natural Gas Act (15 U.S.C. 

14 717f(c)(1)(A)) is amended, in the first sentence, in the 

15 proviso— 

16 (1) by inserting ‘‘or, in the case of any person 

17 engaged in the transportation of natural gas de18 scribed in section 2(5)(C), on the date of enactment 

19 of the Building American Energy Security Act of 

20 2023,’’ before ‘‘over the route’’; and 

21 (2) by striking ‘‘within ninety days after the ef22 fective date of this amendatory Act’’ and inserting 

23 ‘‘within 90 days after the effective date of this 

24 amendatory Act, or, in the case of any person en25 gaged in the transportation of natural gas described 

26 in section 2(5)(C), within 90 days after the date of 


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1 enactment of the Building American Energy Secu2 rity Act of 2023’’. 

3 (c) SAVINGS CLAUSE.—Nothing in this section or an 

4 amendment made by this section authorizes the Federal 

5 Energy Regulatory Commission— 

6 (1) to order a natural-gas company under sec7 tion 7(a) of the Natural Gas Act (15 U.S.C. 

8 717f(a)) to extend or modify the transportation fa9 cilities of the natural-gas company used for natural 

10 gas described in subparagraph (A) or (B) of section 

11 2(5) of that Act (15 U.S.C. 717a(5)) to transport 

12 natural gas described in subparagraph (C) of that 

13 section; or 

14 (2) to attach to a certificate of public conven15 ience and necessity issued under section 7(e) of the 

16 Natural Gas Act (15 U.S.C. 717f(e)) any require17 ment that transportation facilities used for natural 

18 gas described in subparagraph (A) or (B) of section 

19 2(5) of that Act (15 U.S.C. 717a(5)) be capable of 

20 transporting natural gas described in subparagraph 

21 (C) of that section. 


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1 SEC. 203. AUTHORIZATION OF MOUNTAIN VALLEY PIPE2 LINE. 

3 (a) FINDING.—Congress finds that the timely com4 pletion of the construction of the Mountain Valley Pipe5 line— 

6 (1) is necessary— 

7 (A) to ensure an adequate and reliable 

8 supply of natural gas to consumers at reason9 able prices; 

10 (B) to facilitate an orderly transition of 

11 the energy industry to cleaner fuels; and 

12 (C) to reduce carbon emissions; and 

13 (2) is in the national interest. 

14 (b) PURPOSE.—The purpose of this section is to re15 quire the appropriate Federal officers and agencies to take 

16 all necessary actions to permit the timely completion of 

17 the construction and operation of the Mountain Valley 

18 Pipeline without further administrative or judicial delay 

19 or impediment. 

20 (c) DEFINITIONS.—In this section: 

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

22 means the Federal Energy Regulatory Commission. 

23 (2) MOUNTAIN VALLEY PIPELINE.—The term 

24 ‘‘Mountain Valley Pipeline’’ means the Mountain 

25 Valley Pipeline Project, as generally described and 


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1 approved in Federal Energy Regulatory Commission 

2 Docket Nos. CP16–10 and CP19–477. 

3 (3) SECRETARY CONCERNED.—The term ‘‘Sec4 retary concerned’’ means, as applicable— 

5 (A) the Secretary of Agriculture; 

6 (B) the Secretary of the Interior; or 

7 (C) the Secretary of the Army. 

8 (d) AUTHORIZATION OF NECESSARY APPROVALS.— 

9 (1) BIOLOGICAL OPINION AND INCIDENTAL

10 TAKE STATEMENT.—Notwithstanding any other pro11 vision of law, not later than 30 days after the date 

12 of enactment of this Act, the Secretary of the Inte13 rior shall issue a biological opinion and incidental 

14 take statement for the Mountain Valley Pipeline, 

15 substantially in the form of the biological opinion 

16 and incidental take statement for the Mountain Val17 ley Pipeline issued by the United States Fish and 

18 Wildlife Service on September 4, 2020. 

19 (2) ADDITIONAL AUTHORIZATIONS.—Notwith20 standing any other provision of law, not later than 

21 30 days after the date of enactment of this Act— 

22 (A) the Secretary of the Interior shall issue 

23 all rights-of-way, permits, leases, and other au24 thorizations that are necessary for the construc25 tion, operation, and maintenance of the MounVerDate Sep 11 2014 03:05 May 11, 2023 Jkt 039200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S1399.IS S1399

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1 tain Valley Pipeline, substantially in the form 

2 approved in the record of decision of the Bu3 reau of Land Management entitled ‘‘Mountain 

4 Valley Pipeline and Equitrans Expansion 

5 Project Decision to Grant Right-of-Way and 

6 Temporary Use Permit’’ and dated January 14, 

7 2021; 

8 (B) the Secretary of Agriculture shall 

9 amend the Land and Resource Management 

10 Plan for the Jefferson National Forest as nec11 essary to permit the construction, operation, 

12 and maintenance of the Mountain Valley Pipe13 line within the Jefferson National Forest, sub14 stantially in the form approved in the record of 

15 decision of the Forest Service entitled ‘‘Record 

16 of Decision for the Mountain Valley Pipeline 

17 and Equitrans Expansion Project’’ and dated 

18 January 2021; 

19 (C) the Secretary of the Army shall issue 

20 all permits and verifications necessary to permit 

21 the construction, operation, and maintenance of 

22 the Mountain Valley Pipeline across waters of 

23 the United States; and 

24 (D) the Commission shall— 


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1 (i) approve any amendments to the 

2 certificate of public convenience and neces3 sity issued by the Commission on October 

4 13, 2017 (161 FERC 61,043); and 

5 (ii) grant any extensions necessary to 

6 permit the construction, operation, and 

7 maintenance of the Mountain Valley Pipe8 line. 

9 (e) AUTHORITY TO MODIFY PRIOR DECISIONS OR

10 APPROVALS.—In meeting the applicable requirements of 

11 subsection (d), a Secretary concerned may modify the ap12 plicable prior biological opinion, incidental take statement, 

13 right-of-way, amendment, permit, verification, or other au14 thorization described in that subsection if the Secretary 

15 concerned determines that the modification is necessary— 

16 (1) to correct a deficiency in the record; or 

17 (2) to protect the public interest or the environ18 ment. 

19 (f) RELATIONSHIP TO OTHER LAWS.— 

20 (1) DETERMINATION TO ISSUE OR GRANT.— 

21 The requirements of subsection (d) shall supersede 

22 the provisions of any law (including regulations) re23 lating to an administrative determination as to 

24 whether the biological opinion, incidental take state25 ment, right-of-way, amendment, permit, verification, 


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1 or other authorization shall be issued for the Moun2 tain Valley Pipeline. 

3 (2) SAVINGS PROVISION.—Nothing in this sec4 tion limits the authority of a Secretary concerned or 

5 the Commission to administer a right-of-way or en6 force any permit or other authorization issued under 

7 subsection (d) in accordance with applicable laws 

8 (including regulations). 

9 (g) JUDICIAL REVIEW.— 

10 (1) IN GENERAL.—The actions of the Secre11 taries concerned and the Commission pursuant to 

12 subsection (d) that are necessary for the construc13 tion and initial operation at full capacity of the 

14 Mountain Valley Pipeline shall not be subject to ju15 dicial review. 

16 (2) OTHER ACTIONS.—The United States Court 

17 of Appeals for the District of Columbia Circuit shall 

18 have original and exclusive jurisdiction over— 

19 (A) any claim alleging— 

20 (i) the invalidity of this section; or 

21 (ii) that an action is beyond the scope 

22 of authority conferred by this section; and 

23 (B) any claim relating to any action taken 

24 by a Secretary concerned or the Commission reVerDate Sep 11 2014 03:05 May 11, 2023 Jkt 039200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S1399.IS S1399

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1 lating to the Mountain Valley Pipeline other 

2 than an action described in paragraph (1). 

3 SEC. 204. RIGHTS-OF-WAY ACROSS INDIAN LAND. 

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

5 Stat. 17, chapter 45; 25 U.S.C. 323), is amended by add6 ing at the end the following: ‘‘Any right-of-way granted 

7 by an Indian tribe for the purposes authorized under this 

8 section shall not require the approval of the Secretary of 

9 the Interior, on the condition that the right-of-way ap10 proval process by the Indian tribe substantially complies 

11 with subsection (h) of the first section of the Act of Au12 gust 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 

13 415(h)), or the Indian tribe has approved regulations 

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

15 SEC. 205. FEDERAL ENERGY REGULATORY COMMISSION 

16 STAFFING. 

17 (a) CONSULTATION DEADLINE.—Section 401(k)(6) 

18 of the Department of Energy Organization Act (42 U.S.C. 

19 7171(k)(6)) is amended— 

20 (1) by striking ‘‘The Chairman’’ and inserting 

21 the following: 

22 ‘‘(A) IN GENERAL.—The Chairman’’; and 

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

24 ‘‘(B) DEADLINE.—The requirement under 

25 subparagraph (A) shall be considered met if the 


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1 Director of the Office of Personnel Management 

2 has not taken final action on a plan for apply3 ing authorities under this subsection within 120 

4 days of submission of the plan by the Chairman 

5 to the Director of the Office of Personnel Man6 agement.’’. 

7 (b) ELIMINATION OF REPORTING SUNSET.—Section 

8 11004(b)(1) of the Energy Act of 2020 (42 U.S.C. 7171 

9 note; Public Law 116–260) is amended by striking ‘‘there10 after for 10 years,’’ and inserting ‘‘thereafter,’’. 

Æ 


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