Building American Energy Security Act of 2023

Subjects: Energy


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1399 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Building American 
Energy Security Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                  TITLE I--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.
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.

                  TITLE I--ACCELERATING AGENCY REVIEWS

SEC. 101. DEFINITIONS.

    In this title:
            (1) Agency.--The term ``agency'' means any agency, 
        department, or other unit of Federal, State, local, or Tribal 
        government.
            (2) Alaska native corporation.--The term ``Alaska Native 
        Corporation'' has the meaning given the term ``Native 
        Corporation'' in section 3 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602).
            (3) Authorization.--The term ``authorization'' means any 
        license, permit, approval, finding, determination, interagency 
        consultation, or other administrative decision that is required 
        or authorized under Federal law (including regulations) to 
        design, plan, site, construct, reconstruct, or commence 
        operations of a project, including any authorization described 
        in section 41001(3) of the FAST Act (42 U.S.C. 4370m(3)).
            (4) Cooperating agency.--The term ``cooperating agency'' 
        means any Federal agency (and a State, Tribal, or local agency 
        if agreed on by the lead agency), other than a lead agency, 
        that has jurisdiction by law or special expertise with respect 
        to an environmental impact relating to a project.
            (5) Environmental document.--The term ``environmental 
        document'' includes any of the following, as prepared under 
        NEPA:
                    (A) An environmental assessment.
                    (B) A finding of no significant impact.
                    (C) An environmental impact statement.
                    (D) A record of decision.
            (6) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed statement 
        of environmental impacts of a project required to be prepared 
        under NEPA.
            (7) Environmental review process.--The term ``environmental 
        review process'' means the process for preparing an 
        environmental impact statement, environmental assessment, 
        categorical exclusion, or other document required to be 
        prepared to achieve compliance with NEPA, including pre-
        application consultation and scoping processes.
            (8) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 102 of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
            (9) Lead agency.--The term ``lead agency'', with respect to 
        a project, means--
                    (A) the Federal agency preparing, or assuming 
                primary responsibility for, the authorization or review 
                of the project; and
                    (B) if applicable, any State, local, or Tribal 
                government entity serving as a joint lead agency for 
                the project.
            (10) NEPA.--The term ``NEPA'' means the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
        (including NEPA implementing regulations).
            (11) NEPA implementing regulations.--The term ``NEPA 
        implementing regulations'' means the regulations in subpart A 
        of chapter V of title 40, Code of Federal Regulations (or 
        successor regulations).
            (12) Participating agency.--The term ``participating 
        agency'' means an agency participating in an environmental 
        review or authorization for a project.
            (13) Project sponsor.--The term ``project sponsor'' means 
        an entity, including any private, public, or public-private 
        entity, seeking an authorization for a project.

SEC. 102. STREAMLINING PROCESS FOR AUTHORIZATIONS AND REVIEWS OF ENERGY 
              AND NATURAL RESOURCES PROJECTS.

    (a) Definitions.--In this section:
            (1) Categorical exclusion.--The term ``categorical 
        exclusion'' means a categorical exclusion within the meaning of 
        NEPA.
            (2) Major project.--The term ``major project'' means a 
        project--
                    (A) for which multiple authorizations, reviews, or 
                studies are required under a Federal law other than 
                NEPA; and
                    (B) with respect to which the head of the lead 
                agency has determined that--
                            (i) an environmental impact statement is 
                        required; or
                            (ii) an environmental assessment is 
                        required, and the project sponsor requests that 
                        the project be treated as a major project.
            (3) Project.--The term ``project'' means a project--
                    (A) proposed for the construction of 
                infrastructure--
                            (i) to develop, produce, generate, store, 
                        transport, or distribute energy;
                            (ii) to capture, remove, transport, or 
                        store carbon dioxide; or
                            (iii) to mine, extract, beneficiate, or 
                        process minerals; and
                    (B) that, if implemented as proposed by the project 
                sponsor, would be subject to the requirements that--
                            (i) an environmental document be prepared; 
                        and
                            (ii) the applicable agency issue an 
                        authorization of the activity.
            (4) Secretary concerned.--The term ``Secretary concerned'' 
        means, as appropriate--
                    (A) the Secretary of Agriculture, with respect to 
                the Forest Service;
                    (B) the Secretary of Energy;
                    (C) the Secretary of the Interior;
                    (D) the Federal Energy Regulatory Commission;
                    (E) the Secretary of the Army, with respect to the 
                Corps of Engineers; and
                    (F) the Secretary of Transportation, with respect 
                to the Maritime Administration and the Pipeline and 
                Hazardous Materials Safety Administration.
    (b) Applicability.--
            (1) In general.--The project development procedures under 
        this section--
                    (A) shall apply to--
                            (i) all projects for which an environmental 
                        impact statement is prepared;
                            (ii) all major projects; and
                            (iii) to the maximum extent practicable, 
                        projects described in clause (i) or (ii) for 
                        which an authorization is being sought or that 
                        are subject to an environmental review process 
                        initiated prior to the date of enactment of 
                        this Act;
                    (B) may be applied, as requested by a project 
                sponsor and to the extent determined appropriate by the 
                Secretary concerned, to other projects for which an 
                environmental document is prepared; and
                    (C) shall not apply to--
                            (i) any project subject to section 139 of 
                        title 23, United States Code;
                            (ii) any project that is a water resources 
                        development project of the Corps of Engineers; 
                        or
                            (iii) any authorization of the Corps of 
                        Engineers if that authorization is for a 
                        project that alters or modifies a water 
                        resources development project of the Corps of 
                        Engineers.
            (2) Flexibility.--Any authority provided by this section 
        may be exercised, and any requirement established under this 
        section may be satisfied, for a project, class of projects, or 
        program of projects.
            (3) Savings provision.--Nothing in this section--
                    (A) precludes the use of an authority provided 
                under any other provision of law, including for a 
                covered project under title XLI of the FAST Act (42 
                U.S.C. 4370m et seq.);
                    (B) supersedes or modifies any applicable 
                requirement, authority, or agency responsibility 
                provided under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) or any other provision of 
                law; or
                    (C) shall be considered an abbreviated 
                authorization or environmental review process for 
                purposes of section 41001(6)(A)(i)(III) of the FAST Act 
                (42 U.S.C. 4370m(6)(A)(i)(III)).
    (c) Lead Agencies.--
            (1) Joint lead agencies.--Nothing in this section precludes 
        an agency from serving as a joint lead agency for a project, in 
        accordance with NEPA.
            (2) Roles and responsibilities.--With respect to the 
        environmental review process for a project, the lead agency 
        shall have the authority and responsibility--
                    (A) to take such actions as are necessary and 
                appropriate to facilitate the expeditious resolution of 
                the environmental review process for the project;
                    (B) to prepare any required environmental impact 
                statement or other environmental document, or to ensure 
                that such an environmental impact statement or 
                environmental document is completed, in accordance with 
                this section and applicable Federal law;
                    (C) not later than 45 days after the date of 
                publication of a notice of intent to prepare an 
                environmental impact statement, or the initiation of an 
                environmental assessment, as applicable, for a 
                project--
                            (i) to identify any other agencies that may 
                        have financing, environmental review, 
                        authorization, or other responsibilities with 
                        respect to the project;
                            (ii) to invite the identified agencies to 
                        become participating agencies in the 
                        environmental review process for the project; 
                        and
                            (iii) to establish, as part of the 
                        invitation, a deadline for the submission of a 
                        response, which may be extended by the lead 
                        agency for good cause;
                    (D) to consider and respond to comments timely 
                received from participating agencies relating to 
                matters within the special expertise or jurisdiction of 
                those agencies;
                    (E) to consider, and, as appropriate, rely on, 
                adopt, or incorporate by reference, baseline data, 
                analyses, and documentation that have been prepared for 
                the project under the laws and procedures of a State or 
                an Indian Tribe if the lead agency determines that--
                            (i) those laws and procedures are of equal 
                        or greater rigor, as compared to each 
                        applicable Federal law and procedure; and
                            (ii) the baseline data, analysis, or 
                        documentation, as applicable, was prepared 
                        under circumstances that allowed for--
                                    (I) opportunities for public 
                                participation;
                                    (II) consideration of alternatives 
                                and environmental consequences; and
                                    (III) other required analyses that 
                                are substantially equivalent to the 
                                analyses that would have been prepared 
                                if the baseline data, analysis, or 
                                documentation was prepared by the lead 
                                agency pursuant to NEPA; and
                    (F)(i) to ensure that the project sponsor complies 
                with design and mitigation commitments for the project 
                made jointly by the lead agency and the project 
                sponsor; and
                    (ii) to ensure that environmental documents are 
                appropriately supplemented if changes become necessary 
                with respect to the project.
    (d) Participating Agencies.--
            (1) Applicability.--
                    (A) Inapplicability to covered projects.--The 
                procedures under this subsection shall not apply to a 
                covered project (as defined in section 41001 of the 
                FAST Act (42 U.S.C. 4370m))--
                            (i) for which a project initiation notice 
                        has been submitted pursuant to section 41003(a) 
                        of that Act (42 U.S.C. 4370m-2(a)); and
                            (ii) that is carried out in accordance with 
                        the procedures described in that notice.
                    (B) Designations for categories of projects.--The 
                Secretary concerned may exercise the authority under 
                this subsection with respect to--
                            (i) a project;
                            (ii) a class of projects; or
                            (iii) a program of projects.
            (2) Federal participating agencies.--Any Federal agency 
        that is invited by a lead agency to participate in the 
        environmental review process for a project shall be designated 
        as a participating agency by the lead agency, unless the 
        invited agency informs the lead agency, in writing, by the 
        deadline specified in the invitation, that the invited agency 
        has no responsibility for or interest in the project.
            (3) Federal cooperating agencies.--A Federal agency that 
        has not been invited by a lead agency to participate in the 
        environmental review process for a project, but that is 
        required to make an authorization or carry out an action for a 
        project, shall--
                    (A) notify the lead agency of the financing, 
                environmental review, authorization, or other 
                responsibilities of the notifying Federal agency with 
                respect to the project; and
                    (B) work with the lead agency to ensure that the 
                agency making the authorization or carrying out the 
                action is treated as a cooperating agency for the 
                project.
            (4) Responsibilities.--A participating agency participating 
        in the environmental review process for a project shall--
                    (A) provide comments, responses, studies, or 
                methodologies relating to the areas within the special 
                expertise or jurisdiction of the agency; and
                    (B) use the environmental review process to address 
                any environmental issues of concern to the agency.
            (5) Effect of designation.--
                    (A) Requirement.--A participating agency for a 
                project shall comply with the applicable requirements 
                of this section.
                    (B) No implication.--Designation as a participating 
                agency under this subsection shall not imply that the 
                participating agency--
                            (i) has made a determination to support or 
                        deny any project; or
                            (ii) has any jurisdiction over, or special 
                        expertise with respect to evaluation of, the 
                        applicable project.
            (6) Cooperating agency designation.--Any agency designated 
        as a cooperating agency shall also be designated by the 
        applicable lead agency as a participating agency under the NEPA 
        implementing regulations.
    (e) Coordination of Required Reviews; Environmental Documents.--
            (1) In general.--The lead agency and each participating 
        agency for a project shall apply the requirements of section 
        41005 of the FAST Act (42 U.S.C. 4370m-4) to the project, 
        subject to the condition that any reference contained in that 
        section to a ``covered project'' shall be considered to be a 
        reference to the project under this section.
            (2) Single environmental document.--
                    (A) In general.--Except as provided in subparagraph 
                (C), to the maximum extent practicable and consistent 
                with Federal law, to achieve compliance with NEPA, all 
                Federal authorizations and reviews that are necessary 
                for a project shall rely on a single environmental 
                document for each type of environmental document 
                prepared under NEPA under the leadership of the lead 
                agency.
                    (B) Use of document.--
                            (i) In general.--To the maximum extent 
                        practicable, the lead agency shall develop 
                        environmental documents sufficient to satisfy 
                        the NEPA requirements for any authorization or 
                        other Federal action required for the project.
                            (ii) Cooperation of participating 
                        agencies.--Each participating agency shall 
                        cooperate with the lead agency and provide 
                        timely information to assist the lead agency to 
                        carry out subparagraph (A).
                    (C) Exceptions.--A lead agency may waive the 
                application of subparagraph (A) with respect to a 
                project if--
                            (i) the project sponsor requests that 
                        agencies issue separate environmental 
                        documents;
                            (ii) the obligations of a cooperating 
                        agency or participating agency under NEPA have 
                        already been satisfied with respect to the 
                        project; or
                            (iii) the lead agency determines, and 
                        provides justification in the coordination plan 
                        established under subsection (g)(1), that 
                        multiple environmental documents are more 
                        efficient for the environmental review process 
                        or authorization process for the project.
                    (D) Page limits.--
                            (i) In general.--Notwithstanding any other 
                        provision of law and except as provided in 
                        clause (ii), to the maximum extent practicable, 
                        the text of the items described in paragraphs 
                        (4) through (6) of section 1502.10(a) of title 
                        40, Code of Federal Regulations (or successor 
                        regulations), of an environmental impact 
                        statement for a project shall be not more than 
                        150 pages.
                            (ii) Exceptions.--The text described in 
                        clause (i)--
                                    (I) shall be not more than 300 
                                pages in the case of a proposal of 
                                unusual scope or complexity; and
                                    (II) may exceed 300 pages if the 
                                lead agency establishes a new page 
                                limit for the environmental impact 
                                statement for that project.
    (f) Errata for Environmental Impact Statements.--
            (1) In general.--In preparing a final environmental impact 
        statement for a project, if the lead agency modifies the draft 
        environmental impact statement in response to comments, the 
        lead agency may write on errata sheets attached to the 
        environmental impact statement in lieu of rewriting the draft 
        environmental impact statement, subject to the conditions 
        described in paragraph (2).
            (2) Conditions.--The conditions referred to in paragraph 
        (1) are as follows:
                    (A) The comments to which the applicable 
                modification responds shall be minor.
                    (B) The modifications shall be confined to--
                            (i) minor factual corrections; or
                            (ii) an explanation of the reasons why the 
                        comments do not warrant additional response 
                        from the lead agency.
                    (C) The errata sheets shall--
                            (i) cite the sources, authorities, and 
                        reasons that support the position of the lead 
                        agency; and
                            (ii) if appropriate, indicate the 
                        circumstances that would trigger reappraisal or 
                        further response by the lead agency.
            (3) Savings provision.--Nothing in this subsection 
        precludes a lead agency from responding to comments in a final 
        environmental impact statement in accordance with procedures 
        described in section 1503.4(c) of the NEPA implementing 
        regulations.
    (g) Coordination and Scheduling.--
            (1) Coordination plan.--
                    (A) In general.--Except as provided in subparagraph 
                (B), not later than 90 days after the date of 
                publication of a notice of intent to prepare an 
                environmental impact statement, or the initiation of an 
                environmental assessment, as applicable, for a project, 
                the lead agency shall establish a plan for coordinating 
                public and agency participation in, and comment 
                regarding, the environmental review process and 
                authorization decisions for the project or applicable 
                category of projects (referred to in this paragraph as 
                the ``coordination plan'').
                    (B) Other date.--If the project sponsor requests 
                the establishment of a coordination plan for a project 
                by a date earlier than the deadline described in 
                subparagraph (A), the lead agency shall establish the 
                coordination plan not later than 90 days after the 
                request is received by the head of the lead agency.
                    (C) Incorporation into memorandum.--A coordination 
                plan may be incorporated into a memorandum of 
                understanding with the project sponsor, lead agency, 
                and any other appropriate entity to accomplish the 
                coordination activities described in this subsection.
                    (D) Schedule.--
                            (i) In general.--As part of a coordination 
                        plan for a project, the lead agency shall 
                        establish and maintain a schedule for 
                        completion of the environmental review process 
                        and authorization decisions for the project 
                        that--
                                    (I) includes the date of project 
                                initiation or earliest Federal agency 
                                contact for the project, including any 
                                pre-application consultation;
                                    (II) includes any programmatic 
                                environmental document or agreement 
                                that is a prerequisite or predecessor 
                                for the environmental review process 
                                for the project;
                                    (III) includes--
                                            (aa) any Federal 
                                        authorization, action required 
                                        as part of the environmental 
                                        review process, consultation, 
                                        or similar process that is 
                                        required through project 
                                        completion;
                                            (bb) to the maximum extent 
                                        practicable, any Indian Tribe, 
                                        Alaska Native Corporation, 
                                        State, or local agency 
                                        authorization, review, 
                                        consultation, or similar 
                                        process; and
                                            (cc) a schedule for each 
                                        authorization under item (aa) 
                                        or (bb), including any pre-
                                        application consultations, 
                                        applications, interim 
                                        milestones, public comment 
                                        periods, draft decisions, final 
                                        decisions, and final 
                                        authorizations necessary to 
                                        begin construction; and
                                    (IV) is established--
                                            (aa) after consultation 
                                        with, and the concurrence of, 
                                        each participating agency for 
                                        the project; and
                                            (bb) with the participation 
                                        of the project sponsor.
                            (ii) Major project schedules.--To the 
                        maximum extent practicable and consistent with 
                        applicable Federal law, in the case of a major 
                        project, the lead agency shall develop, with 
                        the concurrence of each participating agency 
                        for the major project and in consultation with 
                        the project sponsor, a schedule for the major 
                        project that is consistent with completing--
                                    (I) the environmental review 
                                process--
                                            (aa) in the case of major 
                                        projects for which the lead 
                                        agency determines an 
                                        environmental impact statement 
                                        is required, not later than 2 
                                        years after the date of 
                                        publication by the lead agency 
                                        of a notice of intent to 
                                        prepare an environmental impact 
                                        statement to the record of 
                                        decision; and
                                            (bb) in the case of major 
                                        projects for which the lead 
                                        agency determines an 
                                        environmental assessment is 
                                        required, not later than 1 year 
                                        after the date on which the 
                                        head of the lead agency 
                                        determines that an 
                                        environmental assessment is 
                                        required to a finding of no 
                                        significant impact; and
                                    (II) any outstanding authorization 
                                required for project construction not 
                                later than 150 days after the date of 
                                an issuance of a record of decision or 
                                a finding of no significant impact 
                                under subclause (I).
                    (E) Factors for consideration.--In establishing a 
                schedule under subparagraph (D), a Federal lead agency 
                shall consider factors such as--
                            (i) the responsibilities of participating 
                        agencies or cooperating agencies under 
                        applicable law;
                            (ii) resources available to the 
                        participating agencies or cooperating agencies;
                            (iii) the overall size and complexity of 
                        the project;
                            (iv) the overall time required by an agency 
                        to conduct the environmental review process and 
                        make decisions under applicable Federal law 
                        relating to a project (including the issuance 
                        or denial of a permit or license);
                            (v) the cost of the project;
                            (vi) the sensitivity of the natural and 
                        historic resources that could be affected by 
                        the project; and
                            (vii) timelines and deadlines established 
                        in this section and other applicable law.
                    (F) Modifications.--
                            (i) In general.--Except as provided in 
                        clause (iii), the lead agency may lengthen--
                                    (I) a schedule established for a 
                                project under subparagraph (D) for good 
                                cause, in accordance with clause (ii); 
                                or
                                    (II) shorten a schedule established 
                                for a project under subparagraph (D) if 
                                the lead agency has--
                                            (aa) good cause; and
                                            (bb) the concurrence of the 
                                        project sponsor and any 
                                        participating agencies.
                            (ii) Good cause.--Good cause to lengthen a 
                        schedule under clause (i)(I) may include--
                                    (I) Federal law prohibiting the 
                                lead agency or another agency from 
                                issuing an approval or permit within 
                                the period required under subparagraph 
                                (D);
                                    (II) a request from the project 
                                sponsor that the permit or approval 
                                follow a different timeline; or
                                    (III) a determination by the lead 
                                agency, with the concurrence of the 
                                project sponsor, that an extension 
                                would facilitate completion of the 
                                environmental review process and 
                                authorization process of the project.
                            (iii) Exceptions.--
                                    (I) Shortening of time period.--A 
                                lead agency may not shorten a schedule 
                                under clause (i)(II) if shortening the 
                                schedule would impair the ability of a 
                                participating agency--
                                            (aa) to conduct any 
                                        necessary analysis; or
                                            (bb) to otherwise carry out 
                                        any relevant obligation of the 
                                        participating agency for the 
                                        project.
                                    (II) Major projects.--In the case 
                                of a major project, the lead agency may 
                                lengthen a schedule for a project under 
                                subparagraph (D) for a Federal 
                                participating agency by not more than 1 
                                year after the latest deadline 
                                established for the major project by 
                                the lead agency.
                                    (III) Coordination plans prior to 
                                notice of intent.--In the case of a 
                                schedule established for a project 
                                under subparagraph (D) prior to the 
                                publication of a notice of intent, the 
                                lead agency may adjust the schedule, 
                                with the concurrence of participating 
                                agencies and the participation of the 
                                project sponsor, until the date of 
                                publication of the notice of intent.
                    (G) Failure to meet schedule or deadline.--If a 
                participating Federal agency fails to meet a schedule 
                or deadline established under subparagraph (D), not 
                later than 30 days after the missed schedule or 
                deadline, the participating Federal agency shall--
                            (i) notify--
                                    (I) the Director of the Office of 
                                Management and Budget;
                                    (II) the Executive Director of the 
                                Federal Permitting Improvement Steering 
                                Council;
                                    (III) the Secretary concerned;
                                    (IV) the Committee on Energy and 
                                Natural Resources of the Senate;
                                    (V) the Committee on Environment 
                                and Public Works of the Senate;
                                    (VI) the Committee on Natural 
                                Resources of the House of 
                                Representatives; and
                                    (VII) the Committee on Energy and 
                                Commerce of the House of 
                                Representatives; and
                            (ii) include in the notifications under 
                        clause (i)--
                                    (I) a description of the cause for 
                                the failure; and
                                    (II) a new schedule or deadline 
                                agreed on by the project sponsor, the 
                                lead agency, and cooperating agencies.
                    (H) Dissemination.--A copy of a schedule for a 
                project under subparagraph (D), and any modifications 
                to such a schedule, shall be--
                            (i) provided to--
                                    (I) all participating agencies; and
                                    (II) the project sponsor; and
                            (ii) in the case of a schedule for a major 
                        project under that subparagraph, made available 
                        to the public pursuant to subsection (l).
                    (I) No delay in decision making.--No agency shall 
                seek to encourage a sponsor of a project to withdraw or 
                resubmit an application to delay decision making within 
                the timelines under this subsection.
            (2) Comment deadlines.--The lead agency shall establish the 
        following deadlines for comment during the environmental review 
        process for a project:
                    (A) For comments by agencies and the public on a 
                draft environmental impact statement, a period of not 
                more than 60 days after publication in the Federal 
                Register of a notice of the date of public availability 
                of the draft, unless--
                            (i) a different deadline is established by 
                        agreement of the lead agency, the project 
                        sponsor, and all participating agencies; or
                            (ii) the deadline is extended by the lead 
                        agency for good cause, together with a 
                        documented and publicly available explanation 
                        of the need for an extended comment period.
                    (B) For all other comment periods established by 
                the lead agency for agency or public comment for a 
                Federal authorization or in the environmental review 
                process, a period of not more than 45 days beginning on 
                the first date of availability of the materials 
                regarding which comment is requested, unless a 
                different deadline of not more than 60 days is 
                established by agreement of the lead agency and all 
                participating agencies, in consultation with the 
                project sponsor.
            (3) Public involvement.--Nothing in this section--
                    (A) reduces any time period provided for--
                            (i) public comment in the environmental 
                        review process; or
                            (ii) an authorization for a project under 
                        applicable Federal law;
                    (B) creates a requirement for an additional public 
                comment opportunity in addition to any public comment 
                opportunity required for a project under applicable 
                Federal law; or
                    (C) creates a new requirement for public comment on 
                a project for which an environmental assessment is 
                being prepared.
            (4) Categorical exclusions.--Nothing in this subsection 
        affects or creates new requirements for a project or activity 
        that is eligible for a categorical exclusion.
            (5) Deadline enforcement.--
                    (A) Definition of applicable deadline.--In this 
                paragraph, the term ``applicable deadline'' means a 
                deadline--
                            (i) for the environmental review process 
                        for a major project required under paragraph 
                        (1)(D)(ii)(I);
                            (ii) for a decision on an authorization for 
                        a major project required under paragraph 
                        (1)(D)(ii)(II); or
                            (iii) described in clause (i) or (ii) that 
                        has been modified under paragraph (1)(F).
                    (B) Petition to court.--A project sponsor may 
                obtain a review of an alleged failure by a Federal 
                agency, or a State agency acting pursuant to Federal 
                law, to act in accordance with an applicable deadline 
                under this section by filing a written petition with a 
                court of competent jurisdiction seeking an order under 
                subparagraph (C).
                    (C) Court order.--If a court of competent 
                jurisdiction finds that a Federal agency, or a State 
                agency acting pursuant to Federal law, has failed to 
                act in accordance with an applicable deadline, the 
                court shall set a schedule and deadline for the agency 
                to act as soon as practicable, which shall not exceed 
                90 days from the date on which the order of the court 
                is issued, unless the court determines a longer time 
                period is necessary to comply with applicable law.
                    (D) Jurisdiction.--The United States Court of 
                Appeals for the District of Columbia shall have 
                original jurisdiction over any civil action brought 
                pursuant to subparagraph (B), in addition to any court 
                of competent jurisdiction under any other Federal law.
                    (E) Expedited consideration.--A court of competent 
                jurisdiction shall set for expedited consideration any 
                action brought under this subsection.
    (h) Issue Identification and Resolution.--
            (1) Cooperation.--The lead agency and each participating 
        agency shall work cooperatively in accordance with this section 
        to facilitate the timely completion of the environmental review 
        and authorization process by identifying and resolving issues 
        that could--
                    (A) delay final decision making for any 
                authorization for a project;
                    (B) delay completion of the environmental review 
                process for a project; or
                    (C) result in the denial of any authorization 
                required for the project under applicable law.
            (2) Accelerated issue resolution and referral.--
                    (A) In general.--A participating agency, project 
                sponsor, or the Governor of a State in which a project 
                is located may request an issue resolution meeting to 
                resolve issues relating to a project that could--
                            (i) delay final decision making for any 
                        authorization for a project;
                            (ii) significantly delay completion of the 
                        environmental review process for a project; or
                            (iii) result in the denial of any 
                        authorization required for the project under 
                        applicable law.
                    (B) Initial meeting.--Not later than 30 days after 
                the date of receipt of a request under subparagraph 
                (A), the lead agency shall convene an issue resolution 
                meeting, which shall include--
                            (i) the relevant participating agencies;
                            (ii) the project sponsor; and
                            (iii) the Governor of a State in which the 
                        project is located, if the Governor requested 
                        the issue resolution meeting under that 
                        subparagraph.
                    (C) Elevation.--If issue resolution is not achieved 
                by 30 days after the date of the initial meeting under 
                subparagraph (B), the issue shall be elevated to the 
                head of the lead agency, who shall--
                            (i) notify--
                                    (I) the heads of the relevant 
                                participating agencies;
                                    (II) the project sponsor; and
                                    (III) the Governor of a State in 
                                which the project is located, if the 
                                Governor requested the issue resolution 
                                meeting under subparagraph (A); and
                            (ii) convene a leadership issue resolution 
                        meeting not later than 90 days after the date 
                        of the initial meeting under subparagraph (B) 
                        with--
                                    (I) the heads of the relevant 
                                participating agencies, including any 
                                relevant Secretaries;
                                    (II) the project sponsor; and
                                    (III) the Governor of a State in 
                                which the project is located, if the 
                                Governor requested the issue resolution 
                                meeting under subparagraph (A).
                    (D) Convention by lead agency.--A lead agency may 
                convene an issue resolution meeting at any time to 
                resolve issues relating to an authorization or 
                environmental review process for a project, without the 
                request of a participating agency, project sponsor, or 
                the Governor of a State in which the project is 
                located.
                    (E) Referral of issue resolution for major projects 
                to council on environmental quality.--
                            (i) In general.--If issue resolution for a 
                        major project is not achieved by 30 days after 
                        the date on which a leadership issue resolution 
                        meeting is convened under subparagraph (C), the 
                        head of the lead agency shall refer the matter 
                        to the Council on Environmental Quality.
                            (ii) Meeting.--Not later than 30 days after 
                        the date of receipt of a referral from the head 
                        of the lead agency under clause (i), the 
                        Council on Environmental Quality shall convene 
                        an issue resolution meeting with--
                                    (I) the head of the lead agency;
                                    (II) the heads of relevant 
                                participating agencies;
                                    (III) the project sponsor; and
                                    (IV) the Governor of a State in 
                                which the major project is located, if 
                                the Governor requested the issue 
                                resolution meeting under subparagraph 
                                (A).
                    (F) Consistency with other law.--An agency shall 
                implement the requirements of this paragraph--
                            (i) unless doing so would prevent the 
                        compliance of the agency with existing law; and
                            (ii) consistent with, to the maximum extent 
                        permitted by law, any dispute resolution 
                        process established in an applicable law, 
                        regulation, or legally binding agreement.
                    (G) Effect of paragraph.--Nothing in this paragraph 
                limits the application of section 41003 of the FAST Act 
                (42 U.S.C. 4370m-2) to a covered project (as defined in 
                section 41001 of that Act (42 U.S.C. 4370m)) that is a 
                project subject to the requirements of this section, 
                including with respect to dispute resolution procedures 
                regarding a permitting timetable.
    (i) Enhanced Technical Assistance From Lead Agency.--
            (1) Definition of covered project.--In this subsection, the 
        term ``covered project'' means a project--
                    (A) that has a pending environmental review or 
                authorization under NEPA; and
                    (B) for which the lead agency determines a delay to 
                the schedule established under subsection (g) is 
                likely.
            (2) Technical assistance.--At the request of a project 
        sponsor, participating agency, or the Governor of a State in 
        which a covered project is located, the head of the lead agency 
        may provide technical assistance to resolve any outstanding 
        issues that are resulting in project delay for the covered 
        project, including by--
                    (A) providing additional staff, training, and 
                expertise;
                    (B) facilitating interagency coordination;
                    (C) promoting more efficient collaboration; and
                    (D) supplying specialized onsite assistance.
            (3) Scope of work.--In providing technical assistance for a 
        covered project under this subsection, the head of the lead 
        agency shall establish a scope of work that describes the 
        actions that the head of the lead agency will take to resolve 
        the outstanding issues and project delays.
            (4) Consultation.--In providing technical assistance for a 
        covered project under this subsection, the head of the lead 
        agency shall consult, if appropriate, with participating 
        agencies on all methods available to resolve any outstanding 
        issues and project delays for a covered project as 
        expeditiously as practicable.
    (j) Judicial Review.--Except as provided in subsection (k), nothing 
in this section affects the reviewability of any final Federal agency 
action in a court of--
            (1) the United States; or
            (2) any State.
    (k) Efficiency of Claims.--
            (1) Statute of limitations.--Notwithstanding any other 
        provision of law, a claim arising under Federal law seeking 
        judicial review of an authorization issued or denied by a 
        Federal agency for a project shall be barred unless the claim 
        is filed by 150 days after the later of the date on which the 
        authorization is final in accordance with the law under which 
        the agency action is taken and the date of publication of a 
        notice that the environmental document is final in accordance 
        with NEPA, unless a shorter time is specified in the Federal 
        law pursuant to which judicial review is allowed.
            (2) Expedited review.--A court of competent jurisdiction 
        shall set for expedited consideration any claim arising under 
        Federal law seeking judicial review of an authorization issued 
        or denied by a Federal agency, or a State agency acting 
        pursuant to Federal law, for a project.
            (3) Remanded actions.--
                    (A) In general.--If a court of competent 
                jurisdiction remands a final Federal agency action for 
                a project to the Federal agency, the court shall set a 
                reasonable schedule and deadline for the agency to act 
                on remand, which shall not exceed 180 days from the 
                date on which the order of the court was issued, unless 
                a longer time period is necessary to comply with 
                applicable law.
                    (B) Expedited treatment of remanded actions.--The 
                head of the Federal agency to which a court remands a 
                final Federal agency action under subparagraph (A) 
                shall take such actions as may be necessary to provide 
                for the expeditious disposition of the action on remand 
                in accordance with the schedule and deadline set by the 
                court under that subparagraph.
            (4) Random assignment of cases.--To the maximum extent 
        practicable, district courts of the United States and courts of 
        appeals of the United States shall randomly assign cases 
        seeking judicial review of any authorization issued by a 
        Federal agency for a project to judges appointed, designated, 
        or assigned to sit as judges of the court in a manner to avoid 
        the appearance of favoritism or bias.
            (5) Effect of subsection.--Nothing in this subsection--
                    (A) establishes a right to judicial review; or
                    (B) places any limit on filing a claim that a 
                person has violated the terms of an authorization.
            (6) Treatment of supplemental or revised environmental 
        documents.--With respect to a project--
                    (A) the preparation of a supplemental or revised 
                environmental document for the project, when required, 
                shall be considered to be a separate final agency 
                action for purposes of the deadline under subparagraph 
                (B); and
                    (B) the deadline for filing a claim for judicial 
                review of that action shall be the date that is 150 
                days after the date of publication of a notice in the 
                Federal Register announcing the final agency action, 
                unless a shorter time is specified in the Federal law 
                pursuant to which judicial review is authorized.
    (l) Improving Transparency in Project Status.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary concerned shall--
                    (A) use the searchable internet website maintained 
                under section 41003(b) of the FAST Act (42 U.S.C. 
                4370m-2(b)) to make publicly available--
                            (i) the status, schedule, and progress of 
                        each major project, including a project for 
                        which an authorization is being sought or that 
                        is subject to an environmental review process 
                        initiated prior to the date of enactment of 
                        this Act, with respect to compliance with the 
                        applicable requirements of NEPA, any 
                        authorization, and any other Indian Tribe, 
                        State, or local agency authorization required 
                        for the major project; and
                            (ii) a list of the participating agencies 
                        for each major project; and
                    (B) establish such reporting standards as are 
                necessary to meet the requirements of subparagraph (A), 
                which shall include requirements--
                            (i) to track major projects from initiation 
                        through the date that final authorizations 
                        required to begin construction are issued or 
                        the major project is withdrawn; and
                            (ii) to update the status, schedule, and 
                        progress of major projects to reflect any 
                        changes to the project status or schedule, 
                        including changes resulting from litigation 
                        (including any injunctions, vacatur of 
                        authorizations, and timelines for any 
                        additional authorization or environmental 
                        review process that is required as a result of 
                        litigation).
            (2) Federal, state, and local agency participation.--
                    (A) Federal agencies.--A Federal agency 
                participating in the environmental review process or 
                authorization process for a major project shall provide 
                to the Secretary concerned information relating to the 
                status and progress of the authorization of the major 
                project for publication on the internet website 
                referred to in paragraph (1)(A), consistent with the 
                standards established under paragraph (1)(B).
                    (B) State and local agencies.--The Secretary 
                concerned shall encourage State and local agencies 
                participating in the environmental review process or 
                authorization process for a major project to provide 
                information relating to the status and progress of the 
                authorization of the major project for publication on 
                the internet website referred to in paragraph (1)(A).
    (m) Accountability and Reporting for Major Projects.--Each 
Secretary concerned shall--
            (1) not later than 1 year after the date of enactment of 
        this Act, establish a performance accountability system for the 
        agency represented by the Secretary concerned; and
            (2) on establishment of the performance accountability 
        system under paragraph (1), and not less frequently than 
        annually thereafter, publish a report describing performance 
        accountability for each major project authorization and review 
        conducted during the preceding year by the agency represented 
        by the Secretary concerned, including--
                    (A) for each major project for which that agency 
                serves as a lead agency or a participating agency, the 
                extent to which the agency is achieving compliance with 
                each schedule established under this section for an 
                authorization, environmental review process, or 
                consultation;
                    (B) for each major project for which that agency 
                serves as a lead agency, information regarding the 
                average time required to complete each applicable 
                authorization and the environmental review process; and
                    (C) for each major project for which that agency 
                serves as a participating agency with jurisdiction over 
                an authorization, information regarding the average 
                time required to complete the authorization process.
    (n) Programmatic Compliance.--
            (1) In general.--The Secretary concerned shall allow for 
        the use of programmatic approaches to conduct environmental 
        reviews that--
                    (A) eliminate repetitive discussions of the same 
                issue;
                    (B) focus on the issues ripe for analysis at each 
                level of review; and
                    (C) are consistent with--
                            (i) NEPA; and
                            (ii) other applicable laws.
            (2) Requirements.--In carrying out this subsection, each 
        lead agency shall ensure that programmatic approaches to 
        conduct environmental review processes--
                    (A) promote transparency, including the 
                transparency of--
                            (i) the analyses and data used in the 
                        environmental review process;
                            (ii) the treatment of any deferred issues 
                        raised by agencies or the public; and
                            (iii) the temporal and spatial scales to be 
                        used to analyze issues under clauses (i) and 
                        (ii);
                    (B) use accurate and timely information, including 
                through the establishment of--
                            (i) criteria for determining the general 
                        duration of the usefulness of the environmental 
                        review process; and
                            (ii) a timeline for updating any out-of-
                        date environmental review process;
                    (C) describe--
                            (i) the relationship between any 
                        programmatic analysis and future tiered 
                        analysis; and
                            (ii) the role of the public in the creation 
                        of future tiered analyses;
                    (D) are available to other relevant Federal and 
                State agencies, Indian Tribes, Alaska Native 
                Corporations, and the public; and
                    (E) provide notice and public comment opportunities 
                consistent with applicable requirements.
    (o) Development of Categorical Exclusions.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, and not less frequently than once every 
        4 years thereafter, each Secretary concerned, in consultation 
        with the Chair of the Council on Environmental Quality, shall--
                    (A) in consultation with the other agencies 
                described in paragraph (2), as applicable, identify 
                each categorical exclusion available to such an agency 
                that would accelerate delivery of a project if the 
                categorical exclusion was available to the Secretary 
                concerned; and
                    (B) collect existing documentation and 
                substantiating information relating to each categorical 
                exclusion identified under subparagraph (A).
            (2) Description of agencies.--The agencies referred to in 
        paragraph (1) are--
                    (A) the Department of Agriculture;
                    (B) the Department of the Army;
                    (C) the Department of Commerce;
                    (D) the Department of Defense;
                    (E) the Department of Energy;
                    (F) the Department of the Interior;
                    (G) the Federal Energy Regulatory Commission; and
                    (H) any other Federal agency that has participated 
                in an environmental review process for a project, as 
                determined by the Chair of the Council on Environmental 
                Quality.
            (3) Adoption of categorical exclusions.--Not later than 1 
        year after the date on which categorical exclusions are 
        identified under paragraph (1)(A), each Secretary concerned 
        shall--
                    (A) determine whether any such categorical 
                exclusion meets the applicable criteria for a 
                categorical exclusion under--
                            (i) the NEPA implementing regulations; and
                            (ii) any relevant regulations of the agency 
                        represented by the Secretary concerned; and
                    (B) publish a notice of proposed rulemaking to 
                propose the adoption of any identified categorical 
                exclusion that--
                            (i) is applicable to the agency represented 
                        by the Secretary concerned; and
                            (ii) meets the applicable criteria 
                        described in subparagraph (A).
    (p) Additions to Categorical Exclusions.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, and not later than 5 years thereafter, 
        each Secretary concerned shall--
                    (A) conduct a survey regarding the use by the 
                agency represented by the Secretary concerned of 
                categorical exclusions for projects during the 5-year 
                period preceding the date of the survey;
                    (B) publish a review of the survey under 
                subparagraph (A) that includes a description of--
                            (i) the types of actions eligible for each 
                        categorical exclusion covered by the survey; 
                        and
                            (ii) any requests previously received by 
                        the Secretary concerned for new categorical 
                        exclusions; and
                    (C) solicit requests for new categorical 
                exclusions.
            (2) New categorical exclusions.--Not later than 120 days 
        after the date of a solicitation of requests under paragraph 
        (1)(C), the Secretary concerned shall publish a notice of 
        proposed rulemaking to propose the adoption of any such new 
        categorical exclusions, to the extent that the categorical 
        exclusions meet the applicable criteria for a categorical 
        exclusions under--
                    (A) the NEPA implementing regulations; and
                    (B) any relevant regulations of the agency 
                represented by the Secretary concerned.

SEC. 103. PRIORITIZING ENERGY PROJECTS OF STRATEGIC NATIONAL 
              IMPORTANCE.

    (a) Definitions.--In this section:
            (1) Critical mineral.--The term ``critical mineral'' has 
        the meaning given the term in section 7002(a) of the Energy Act 
        of 2020 (30 U.S.C. 1606(a)).
            (2) Designated project.--The term ``designated project'' 
        means an energy project of strategic national importance 
        designated for priority Federal review under subsection (b).
    (b) Designation of Projects.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the President, in consultation with the 
        Secretary of Energy, the Secretary of the Interior, the 
        Administrator of the Environmental Protection Agency, the 
        Federal Energy Regulatory Commission, and the heads of any 
        other relevant Federal departments or agencies, as determined 
        by the President, shall--
                    (A) designate 25 energy projects of strategic 
                national importance for priority Federal review, in 
                accordance with this section; and
                    (B) publish a list of those designated projects in 
                the Federal Register.
            (2) Updates.--Not later than 180 days after the date on 
        which the President publishes the list under paragraph (1)(B), 
        and every 180 days thereafter during the 10-year period 
        beginning on that date, the President shall publish an updated 
        list, which shall--
                    (A) include not less than 25 designated projects; 
                and
                    (B) include each previously designated project 
                until--
                            (i) a final decision has been issued for 
                        each authorization for the designated project; 
                        or
                            (ii) the project sponsor withdraws its 
                        request for authorization.
            (3) Project types; first 7 years.--During the 7-year period 
        beginning on the date on which the President publishes the list 
        under paragraph (1)(B), of the list of designated projects 
        maintained on an ongoing basis pursuant to this subsection, not 
        fewer than--
                    (A) 5 shall be projects for the mining, extraction, 
                beneficiation, or processing of critical minerals--
                            (i) of which not fewer than 3 shall include 
                        new mining or extraction of critical minerals; 
                        and
                            (ii) for which critical mineral production 
                        may occur as a byproduct;
                    (B) 7 shall be projects--
                            (i) to generate electricity or store energy 
                        without the use of fossil fuels; or
                            (ii) to manufacture clean energy equipment;
                    (C) 6 shall be projects to produce, process, 
                transport, or store fossil fuel products, or biofuels, 
                including projects to export or import those products 
                from nations described in subsection (c)(3)(A)(vi);
                    (D) 3 shall be electric transmission projects or 
                projects using grid-enhancing technology;
                    (E) 2 shall be projects to capture, transport, or 
                store carbon dioxide, which may include the utilization 
                of captured or displaced carbon dioxide emissions; and
                    (F) 2 shall be a project to produce, transport, or 
                store clean hydrogen, including projects to export or 
                import those products from nations described in 
                subsection (c)(3)(A)(vi).
            (4) Project types; phase-down.--During the 3-year period 
        beginning 7 years after the date on which the President 
        publishes the list under paragraph (1)(B), of the list of 
        designated projects maintained on an ongoing basis pursuant to 
        this subsection, not fewer than--
                    (A) 2 shall be projects for the mining, extraction, 
                beneficiation, or processing of critical minerals;
                    (B) 3 shall be projects described in paragraph 
                (3)(B);
                    (C) 3 shall be projects described in paragraph 
                (3)(C);
                    (D) 1 shall be a project described in paragraph 
                (3)(D);
                    (E) 1 shall be a project described in paragraph 
                (3)(E); and
                    (F) 1 shall be a project described in paragraph 
                (3)(F).
            (5) List of projects meeting each category threshold; 
        insufficient applications.--
                    (A) In general.--Subject to subparagraph (B), 
                during the 10-year period beginning on the date on 
                which the President publishes the list under paragraph 
                (1)(B), the President shall maintain a list of 
                designated projects that meet the minimum threshold for 
                the applicable category of projects under each 
                subparagraph of paragraph (3) or (4), as applicable.
                    (B) Insufficient applications.--If the number of 
                applications submitted that meet the requirements for a 
                designated project for a category of projects under a 
                subparagraph of paragraph (3) or (4), as applicable, is 
                not sufficient to meet the minimum threshold under that 
                subparagraph, the President shall designate the maximum 
                number of applications submitted that meet the 
                requirements for a designated project for the 
                applicable category until a sufficient number of 
                applications meeting the requirements for a designated 
                project for such category has been submitted.
    (c) Selection and Priority Requirements.--
            (1) In general.--The President shall carry out subsection 
        (b) based on a review of applications for authorizations or 
        other reviews submitted to the Corps of Engineers, the 
        Department of Defense, the Department of Energy, the Department 
        of the Interior, the Environmental Protection Agency, the 
        Forest Service, the Federal Energy Regulatory Commission, the 
        Nuclear Regulatory Commission, the Maritime Administration, the 
        Pipeline and Hazardous Materials Safety Administration, and the 
        Federal Permitting Improvement Steering Council.
            (2) Requirement.--The President shall designate under 
        subsection (b) only projects that the President determines are 
        likely--
                    (A) to require an environmental assessment or 
                environmental impact statement under NEPA;
                    (B) to require review by more than 2 Federal or 
                State agencies;
                    (C) to have a total project cost of more than 
                $250,000,000; and
                    (D) to have sufficient financial support from the 
                project sponsor to ensure project completion.
            (3) Priority.--
                    (A) In general.--In considering projects to 
                designate under subsection (b), the President shall 
                give priority to projects the completion of which will 
                significantly advance 1 or more of the following 
                objectives:
                            (i) Reducing energy prices in the United 
                        States.
                            (ii) Reducing greenhouse gas emissions.
                            (iii) Improving electric reliability in 
                        North America.
                            (iv) Advancing emerging energy 
                        technologies.
                            (v) Improving the domestic supply chains 
                        for, and manufacturing of, energy products, 
                        energy equipment, and critical minerals.
                            (vi) Increasing energy trade between the 
                        United States and--
                                    (I) nations that are signatories to 
                                free trade agreements with the United 
                                States that cover the trade of energy 
                                products;
                                    (II) members of the North Atlantic 
                                Treaty Organization;
                                    (III) members of the Organization 
                                for Economic Cooperation and 
                                Development;
                                    (IV) nations with a transmission 
                                system operator that is included in the 
                                European Network of Transmission System 
                                Operators for Electricity, including as 
                                an observer member; or
                                    (V) any other country designated as 
                                an ally or partner nation by the 
                                President for purposes of this section.
                            (vii) Reducing the reliance of the United 
                        States on the supply chains of foreign entities 
                        of concern (as defined in section 40207(a) of 
                        the Infrastructure Investment and Jobs Act (42 
                        U.S.C. 18741(a))).
                            (viii) To the extent practicable, 
                        minimizing development impacts through the use 
                        of existing--
                                    (I) rights-of-way;
                                    (II) facilities; or
                                    (III) other infrastructure.
                            (ix) Creating jobs--
                                    (I) with wages at rates not less 
                                than those prevailing on similar 
                                projects in the locality, as determined 
                                by the Secretary of Labor in accordance 
                                with subchapter IV of chapter 31 of 
                                title 40, United States Code (commonly 
                                referred to as the ``Davis-Bacon 
                                Act''); and
                                    (II) with consideration of the 
                                magnitude and timing of the direct and 
                                indirect employment impacts of carrying 
                                out the project.
                    (B) Other priority.--In considering projects to 
                designate for the category of projects described in 
                subsection (b)(3)(C), in addition to the priorities 
                specified in subparagraph (A), the President shall give 
                priority to projects the completion of which will 
                significantly reduce greenhouse gas emissions.
    (d) Reviews of Designated Projects.--
            (1) In general.--The President shall, in consultation with 
        the applicable department and agency heads, the Director of the 
        Office of Management and Budget, the Chair of the Council on 
        Environmental Quality, and the Federal Permitting Improvement 
        Steering Council, direct Federal agencies through executive 
        order to prioritize the completion of the environmental review 
        process and decisions on authorizations for designated 
        projects.
            (2) Timelines.--To the maximum extent practicable and 
        consistent with applicable Federal law, the President shall 
        complete--
                    (A) the environmental review process--
                            (i) in the case of a designated project for 
                        which the lead agency determines an 
                        environmental impact statement is required, not 
                        later than 2 years after the date of 
                        publication by the lead agency of a notice of 
                        intent to prepare an environmental impact 
                        statement to the record of decision; and
                            (ii) in the case of a designated project 
                        for which the lead agency determines an 
                        environmental assessment is required, not later 
                        than 1 year after the date on which the head of 
                        the lead agency determines that an 
                        environmental assessment is required to a 
                        finding of no significant impact; and
                    (B) decisions on any outstanding authorization 
                required for project construction within 180 days of 
                the issuance of a record of decision or finding of no 
                significant impact under subparagraph (A).
            (3) Streamlining review process.--A designated project 
        shall be considered a major project (as defined in section 
        102(a)) subject to the requirements of that section.
    (e) NEPA.--
            (1) In general.--Nothing in this section supersedes or 
        modifies any applicable requirement, authority, or agency 
        responsibility provided under NEPA.
            (2) Designation of projects.--The act of designating a 
        project under subsections (b) and (c) shall not be subject to 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
    (f) Report.--Not later than 180 days after the date of enactment of 
this Act, and every 90 days thereafter, the President shall submit to 
the Committee on Energy and Natural Resources and the Committee on 
Environment and Public Works of the Senate and the Committee on Energy 
and Commerce and the Committee on Natural Resources of the House of 
Representatives a report describing--
            (1) each designated project and the basis for designating 
        that project pursuant to subsection (c);
            (2) for each designated project, all outstanding 
        authorizations, environmental reviews, consultations, public 
        comment periods, or other Federal, State, or local reviews 
        required for project completion; and
            (3) for each authorization, environmental review, 
        consultation, public comment period, or other review under 
        paragraph (2)--
                    (A) an estimated completion date; and
                    (B) an explanation of--
                            (i) any delays meeting the timelines 
                        established in this section or in applicable 
                        Federal, State, or local law; and
                            (ii) any changes to the date described in 
                        subparagraph (A) from a report previously 
                        submitted under this subsection.
    (g) Funding.--
            (1) In general.--Out of amounts appropriated under section 
        70007 of Public Law 117-169 to the Environmental Review 
        Improvement Fund established under section 41009(d)(1) of the 
        FAST Act (42 U.S.C. 4370m-8(d)(1)), $250,000,000 shall be used 
        to provide funding to agencies to support more efficient, 
        accurate, and timely reviews of designated projects in 
        accordance with paragraph (2).
            (2) Use of funds.--The Federal Permitting Improvement 
        Steering Council shall prescribe the use of funds provided to 
        agencies under paragraph (1), which may include--
                    (A) the hiring and training of personnel;
                    (B) the development of programmatic documents;
                    (C) the procurement of technical or scientific 
                services for environmental reviews;
                    (D) the development of data or information systems;
                    (E) stakeholder and community engagement;
                    (F) the purchase of new equipment for analysis; and
                    (G) the development of geographic information 
                systems and other analytical tools, techniques, and 
                guidance to improve agency transparency, 
                accountability, and public engagement.
            (3) Limitation.--Of the amounts made available under 
        paragraph (1) for a fiscal year, not more than $1,500,000 shall 
        be allocated to support the review of a single designated 
        project.
            (4) Supplement not supplant.--Funds appropriated under this 
        subsection shall be used in addition to existing funding 
        mechanisms, including agency user fees and application fees.

SEC. 104. EMPOWERING THE FEDERAL PERMITTING IMPROVEMENT STEERING 
              COUNCIL AND IMPROVING REVIEWS.

    (a) Definition of Covered Project.--Section 41001(6)(A) of the FAST 
Act (42 U.S.C. 4370m(6)(A)) is amended--
            (1) in the matter preceding clause (i), by inserting 
        ``critical mineral mining, production, beneficiation, or 
        processing,'' before ``electricity transmission''; and
            (2) in clause (i), by striking subclause (II) and inserting 
        the following:
                            ``(II) is likely to require a total 
                        investment of--
                                    ``(aa) more than $200,000,000; or
                                    ``(bb) in the case of a project for 
                                the construction, production, 
                                transportation, storage, or generation 
                                of energy, more than $50,000,000; 
                                and''.
    (b) Transparency.--Section 41003(b)(2)(A)(iii) of the FAST Act (42 
U.S.C. 4370m-2(b)(2)(A)(iii)) is amended by adding at the end the 
following:
                                    ``(III) Outer continental shelf 
                                lands act.--The Secretary of the 
                                Interior shall create and maintain a 
                                specific entry on the Dashboard for the 
                                preparation and revision of the oil and 
                                gas leasing program required under 
                                section 18 of the Outer Continental 
                                Shelf Lands Act (43 U.S.C. 1344).
                                    ``(IV) Additional energy 
                                projects.--The Secretary of the 
                                Interior or the Secretary of Energy, as 
                                applicable, shall create and maintain a 
                                specific entry on the Dashboard for any 
                                project that is a designated project 
                                (as defined in section 103(a) of the 
                                Building American Energy Security Act 
                                of 2023) for which a notice of 
                                initiation under subsection (a)(1)(A) 
                                has not been submitted, unless the 
                                project is already included on the 
                                Dashboard as a covered project.''.

SEC. 105. LITIGATION TRANSPARENCY.

    (a) Definitions.--In this section:
            (1) Covered civil action.--The term ``covered civil 
        action'' means a civil action--
                    (A) seeking to compel agency action affecting a 
                project, as defined under section 102 of this Act; and
                    (B) brought under--
                            (i) chapter 7 of title 5, United States 
                        Code; or
                            (ii) any other statute authorizing such an 
                        action.
            (2) Covered consent decree.--The term ``covered consent 
        decree'' means a consent decree entered into in a covered civil 
        action.
            (3) Covered consent decree or settlement agreement.--The 
        term ``covered consent decree or settlement agreement'' means a 
        covered consent decree and a covered settlement agreement.
            (4) Covered settlement agreement.--The term ``covered 
        settlement agreement'' means a settlement agreement entered 
        into in a covered civil action.
    (b) Transparency.--
            (1) Pleadings and preliminary matters.--
                    (A) In general.--In any covered civil action, the 
                agency against which the covered civil action is 
                brought shall publish the notice of intent to sue and 
                the complaint in a readily accessible manner, including 
                by making the notice of intent to sue and the complaint 
                available online not later than 15 days after receiving 
                service of the notice of intent to sue or complaint, 
                respectively.
                    (B) Entry of a covered consent decree or settlement 
                agreement.--A party may not make a motion for entry of 
                a covered consent decree or to dismiss a civil action 
                pursuant to a covered settlement agreement until after 
                the requirements of subparagraph (A) have been met.
            (2) Publication of covered consent decrees or settlement 
        agreements; public comment.--Not later than 30 days before the 
        date on which a covered consent decree or settlement agreement 
        is filed with a court, the agency seeking to enter the covered 
        consent decree or settlement agreement shall--
                    (A) publish online the proposed covered consent 
                decree or settlement agreement; and
                    (B) provide a reasonable opportunity by notice in 
                the Federal Register to persons who are not named as 
                parties or interveners to the covered civil action to 
                comment in writing.
    (c) Consideration of Public Comment.--An agency seeking to enter a 
covered consent decree or settlement agreement shall promptly consider 
any written comments received under subsection (b)(2)(B) and may 
withdraw or withhold consent to the proposed consent decree or 
settlement agreement if the comments disclose facts or considerations 
that indicate that the consent is inappropriate, improper, inadequate, 
or inconsistent with any provision of law.

                 TITLE II--MODERNIZING PERMITTING LAWS

SEC. 201. TRANSMISSION.

    (a) Construction Permit.--Section 216 of the Federal Power Act (16 
U.S.C. 824p) is amended by striking subsection (b) and inserting the 
following:
    ``(b) Construction Permit.--Except as provided in subsections 
(d)(1) and (i), the Commission may, after notice and an opportunity for 
hearing, issue 1 or more permits for the construction or modification 
of electric transmission facilities necessary in the national interest 
if the Commission finds that--
            ``(1)(A) a State in which the transmission facilities are 
        to be constructed or modified does not have authority to--
                    ``(i) approve the siting of the facilities; or
                    ``(ii) consider the interstate benefits or 
                interregional benefits expected to be achieved by the 
                proposed construction or modification of transmission 
                facilities in the State;
            ``(B) the applicant for a permit is a transmitting utility 
        under this Act but does not qualify to apply for a permit or 
        siting approval for the proposed project in a State because the 
        applicant does not serve end-use customers in the State; or
            ``(C) a State commission or other entity that has authority 
        to approve the siting of the facilities--
                    ``(i) has not made a determination on an 
                application seeking approval pursuant to applicable law 
                by the date that is 1 year after the date on which the 
                application was filed with the State commission or 
                other entity;
                    ``(ii) has conditioned its approval in such a 
                manner that the proposed construction or modification 
                will not significantly reduce transmission capacity 
                constraints or congestion in interstate commerce or is 
                not economically feasible; or
                    ``(iii) has denied an application seeking approval 
                pursuant to applicable law;
            ``(2) the proposed facilities will be used for the 
        transmission of electric energy in interstate (including 
        transmission from the outer Continental Shelf to a State) or 
        foreign commerce;
            ``(3) the proposed construction or modification is 
        consistent with the public interest;
            ``(4) the proposed construction or modification will--
                    ``(A) significantly reduce transmission congestion 
                in interstate commerce; and
                    ``(B) protect or benefit consumers;
            ``(5) the proposed construction or modification--
                    ``(A) is consistent with sound national energy 
                policy; and
                    ``(B) will enhance energy independence; and
            ``(6) the proposed modification will maximize, to the 
        extent reasonable and economical, the transmission capabilities 
        of existing towers or structures.''.
    (b) State Siting and Consultation.--Section 216 of the Federal 
Power Act (16 U.S.C. 824p) is amended by striking subsection (d) and 
inserting the following:
    ``(d) State Siting and Consultation.--
            ``(1) Preservation of state siting authority.--The 
        Commission shall have no authority to issue a permit under 
        subsection (b) for the construction or modification of an 
        electric transmission facility within a State except as 
        provided in paragraph (1) of that subsection.
            ``(2) Consultation.--In any proceeding before the 
        Commission under subsection (b), the Commission shall afford 
        each State in which a transmission facility covered by the 
        permit is or will be located, each affected Federal agency and 
        Indian Tribe, private property owners, and other interested 
        persons a reasonable opportunity to present their views and 
        recommendations with respect to the need for and impact of a 
        facility covered by the permit.''.
    (c) Rights-of-Way.--Section 216(e) of the Federal Power Act (16 
U.S.C. 824p(e)) is amended--
            (1) in paragraph (1), by striking ``or a State''; and
            (2) by adding at the end the following:
            ``(5) Compensation for property taken under this subsection 
        shall be determined and awarded by the district court of the 
        United States in accordance with section 3114(c) of title 40, 
        United States Code.''.
    (d) Cost Allocation.--
            (1) In general.--Section 216 of the Federal Power Act (16 
        U.S.C. 824p) is amended by striking subsection (f) and 
        inserting the following:
    ``(f) Cost Allocation.--
            ``(1) Transmission tariffs.--For the purposes of this 
        section, any transmitting utility that owns, controls, or 
        operates electric transmission facilities that the Commission 
        finds to be consistent with the findings under paragraphs (2) 
        through (5) and, if applicable, (6) of subsection (b) shall 
        file a tariff with the Commission in accordance with section 
        205 and the regulations of the Commission allocating the costs 
        of the new or modified transmission facilities.
            ``(2) Cost allocation principles.--The Commission shall 
        require that tariffs filed under this subsection fairly reflect 
        and allocate the costs of providing service to each class of 
        customers, including improved reliability, reduced congestion, 
        reduced power losses, greater carrying capacity, reduced 
        operating reserve requirements, and improved access to 
        generation, in accordance with cost allocation principles of 
        the Commission.
            ``(3) Cost causation principle.--The cost of electric 
        transmission facilities described in paragraph (1) shall be 
        allocated to customers within the transmission planning region 
        or regions that benefit from the facilities in a manner that is 
        at least roughly commensurate with the estimated benefits 
        described in paragraph (2).''.
            (2) Savings clause.--If the Federal Energy Regulatory 
        Commission finds that the considerations under paragraphs (2) 
        through (5) and, if applicable, (6) of subsection (b) of 
        section 216 of the Federal Power Act (16 U.S.C. 824p) (as 
        amended by subsection (a)) are met, nothing in this section or 
        the amendments made by this section shall be construed to 
        exclude transmission facilities located on the outer 
        Continental Shelf from being eligible for cost allocation 
        established under subsection (f)(1) of that section (as amended 
        by paragraph (1)).
    (e) Coordination of Federal Authorizations for Transmission 
Facilities.--Section 216(h) of the Federal Power Act (16 U.S.C. 
824p(h)) is amended--
            (1) in paragraph (2), by striking the period at the end and 
        inserting the following: ``, except that--
                    ``(A) the Commission shall act as the lead agency 
                in the case of facilities permitted under subsection 
                (b); and
                    ``(B) the Department of the Interior shall act as 
                the lead agency in the case of facilities located on a 
                lease, easement, or right-of-way granted by the 
                Secretary of the Interior under section 8(p)(1)(C) of 
                the Outer Continental Shelf Lands Act (43 U.S.C. 
                1337(p)(1)(C)).'';
            (2) in each of paragraphs (3), (4)(B), (4)(C), (5)(B), 
        (6)(A), (7)(A), (7)(B)(i), (8)(A)(i), and (9), by striking 
        ``Secretary'' each place it appears and inserting ``lead 
        agency'';
            (3) in paragraph (4)(A), by striking ``As head of the lead 
        agency, the Secretary'' and inserting ``The lead agency'';
            (4) in paragraph (5)(A), by striking ``As lead agency head, 
        the Secretary'' and inserting ``The lead agency''; and
            (5) in paragraph (7)--
                    (A) in subparagraph (A), by striking ``18 months 
                after the date of enactment of this section'' and 
                inserting ``18 months after the date of enactment of 
                the Building American Energy Security Act of 2023''; 
                and
                    (B) in subparagraph (B)(i), by striking ``1 year 
                after the date of enactment of this section'' and 
                inserting ``18 months after the date of enactment of 
                the Building American Energy Security Act of 2023''.
    (f) Interstate Compacts.--Section 216(i)(4) of the Federal Power 
Act (16 U.S.C. 824p(i)(4)) is amended by striking ``in disagreement'' 
in the matter preceding subparagraph (A) and all that follows through 
the period at the end of subparagraph (B) and inserting ``unable to 
reach an agreement on an application seeking approval by the date that 
is 1 year after the date on which the application for the facility was 
filed.''.
    (g) Transmission Infrastructure Investment.--Section 219(b)(4) of 
the Federal Power Act (16 U.S.C. 824s(b)(4)) is amended--
            (1) in subparagraph (A), by striking ``and'' after the 
        semicolon at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) all prudently incurred costs associated with 
                payments to jurisdictions impacted by electric 
                transmission facilities developed pursuant to section 
                216.''.
    (h) Conforming Amendment.--Section 50151(b) of Public Law 117-169 
(42 U.S.C. 18715(b)) is amended by striking ``facilities designated by 
the Secretary to be necessary in the national interest'' and inserting 
``facilities in national interest electric transmission corridors 
designated by the Secretary''.

SEC. 202. DEFINITION OF NATURAL GAS UNDER THE NATURAL GAS ACT.

    (a) In General.--Section 2 of the Natural Gas Act (15 U.S.C. 717a) 
is amended by striking paragraph (5) and inserting the following:
            ``(5) `Natural gas' means--
                    ``(A) natural gas unmixed;
                    ``(B) any mixture of natural and artificial gas; or
                    ``(C) hydrogen mixed or unmixed with natural 
                gas.''.
    (b) Conforming Amendments.--Section 7(c)(1)(A) of the Natural Gas 
Act (15 U.S.C. 717f(c)(1)(A)) is amended, in the first sentence, in the 
proviso--
            (1) by inserting ``or, in the case of any person engaged in 
        the transportation of natural gas described in section 2(5)(C), 
        on the date of enactment of the Building American Energy 
        Security Act of 2023,'' before ``over the route''; and
            (2) by striking ``within ninety days after the effective 
        date of this amendatory Act'' and inserting ``within 90 days 
        after the effective date of this amendatory Act, or, in the 
        case of any person engaged in the transportation of natural gas 
        described in section 2(5)(C), within 90 days after the date of 
        enactment of the Building American Energy Security Act of 
        2023''.
    (c) Savings Clause.--Nothing in this section or an amendment made 
by this section authorizes the Federal Energy Regulatory Commission--
            (1) to order a natural-gas company under section 7(a) of 
        the Natural Gas Act (15 U.S.C. 717f(a)) to extend or modify the 
        transportation facilities of the natural-gas company used for 
        natural gas described in subparagraph (A) or (B) of section 
        2(5) of that Act (15 U.S.C. 717a(5)) to transport natural gas 
        described in subparagraph (C) of that section; or
            (2) to attach to a certificate of public convenience and 
        necessity issued under section 7(e) of the Natural Gas Act (15 
        U.S.C. 717f(e)) any requirement that transportation facilities 
        used for natural gas described in subparagraph (A) or (B) of 
        section 2(5) of that Act (15 U.S.C. 717a(5)) be capable of 
        transporting natural gas described in subparagraph (C) of that 
        section.

SEC. 203. AUTHORIZATION OF MOUNTAIN VALLEY PIPELINE.

    (a) Finding.--Congress finds that the timely completion of the 
construction of the Mountain Valley Pipeline--
            (1) is necessary--
                    (A) to ensure an adequate and reliable supply of 
                natural gas to consumers at reasonable prices;
                    (B) to facilitate an orderly transition of the 
                energy industry to cleaner fuels; and
                    (C) to reduce carbon emissions; and
            (2) is in the national interest.
    (b) Purpose.--The purpose of this section is to require the 
appropriate Federal officers and agencies to take all necessary actions 
to permit the timely completion of the construction and operation of 
the Mountain Valley Pipeline without further administrative or judicial 
delay or impediment.
    (c) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Mountain valley pipeline.--The term ``Mountain Valley 
        Pipeline'' means the Mountain Valley Pipeline Project, as 
        generally described and approved in Federal Energy Regulatory 
        Commission Docket Nos. CP16-10 and CP19-477.
            (3) Secretary concerned.--The term ``Secretary concerned'' 
        means, as applicable--
                    (A) the Secretary of Agriculture;
                    (B) the Secretary of the Interior; or
                    (C) the Secretary of the Army.
    (d) Authorization of Necessary Approvals.--
            (1) Biological opinion and incidental take statement.--
        Notwithstanding any other provision of law, not later than 30 
        days after the date of enactment of this Act, the Secretary of 
        the Interior shall issue a biological opinion and incidental 
        take statement for the Mountain Valley Pipeline, substantially 
        in the form of the biological opinion and incidental take 
        statement for the Mountain Valley Pipeline issued by the United 
        States Fish and Wildlife Service on September 4, 2020.
            (2) Additional authorizations.--Notwithstanding any other 
        provision of law, not later than 30 days after the date of 
        enactment of this Act--
                    (A) the Secretary of the Interior shall issue all 
                rights-of-way, permits, leases, and other 
                authorizations that are necessary for the construction, 
                operation, and maintenance of the Mountain Valley 
                Pipeline, substantially in the form approved in the 
                record of decision of the Bureau of Land Management 
                entitled ``Mountain Valley Pipeline and Equitrans 
                Expansion Project Decision to Grant Right-of-Way and 
                Temporary Use Permit'' and dated January 14, 2021;
                    (B) the Secretary of Agriculture shall amend the 
                Land and Resource Management Plan for the Jefferson 
                National Forest as necessary to permit the 
                construction, operation, and maintenance of the 
                Mountain Valley Pipeline within the Jefferson National 
                Forest, substantially in the form approved in the 
                record of decision of the Forest Service entitled 
                ``Record of Decision for the Mountain Valley Pipeline 
                and Equitrans Expansion Project'' and dated January 
                2021;
                    (C) the Secretary of the Army shall issue all 
                permits and verifications necessary to permit the 
                construction, operation, and maintenance of the 
                Mountain Valley Pipeline across waters of the United 
                States; and
                    (D) the Commission shall--
                            (i) approve any amendments to the 
                        certificate of public convenience and necessity 
                        issued by the Commission on October 13, 2017 
                        (161 FERC 61,043); and
                            (ii) grant any extensions necessary to 
                        permit the construction, operation, and 
                        maintenance of the Mountain Valley Pipeline.
    (e) Authority To Modify Prior Decisions or Approvals.--In meeting 
the applicable requirements of subsection (d), a Secretary concerned 
may modify the applicable prior biological opinion, incidental take 
statement, right-of-way, amendment, permit, verification, or other 
authorization described in that subsection if the Secretary concerned 
determines that the modification is necessary--
            (1) to correct a deficiency in the record; or
            (2) to protect the public interest or the environment.
    (f) Relationship to Other Laws.--
            (1) Determination to issue or grant.--The requirements of 
        subsection (d) shall supersede the provisions of any law 
        (including regulations) relating to an administrative 
        determination as to whether the biological opinion, incidental 
        take statement, right-of-way, amendment, permit, verification, 
        or other authorization shall be issued for the Mountain Valley 
        Pipeline.
            (2) Savings provision.--Nothing in this section limits the 
        authority of a Secretary concerned or the Commission to 
        administer a right-of-way or enforce any permit or other 
        authorization issued under subsection (d) in accordance with 
        applicable laws (including regulations).
    (g) Judicial Review.--
            (1) In general.--The actions of the Secretaries concerned 
        and the Commission pursuant to subsection (d) that are 
        necessary for the construction and initial operation at full 
        capacity of the Mountain Valley Pipeline shall not be subject 
        to judicial review.
            (2) Other actions.--The United States Court of Appeals for 
        the District of Columbia Circuit shall have original and 
        exclusive jurisdiction over--
                    (A) any claim alleging--
                            (i) the invalidity of this section; or
                            (ii) that an action is beyond the scope of 
                        authority conferred by this section; and
                    (B) any claim relating to any action taken by a 
                Secretary concerned or the Commission relating to the 
                Mountain Valley Pipeline other than an action described 
                in paragraph (1).

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

    The first section of the Act of February 5, 1948 (62 Stat. 17, 
chapter 45; 25 U.S.C. 323), is amended by adding at the end the 
following: ``Any right-of-way granted by an Indian tribe for the 
purposes authorized under this section shall not require the approval 
of the Secretary of the Interior, on the condition that the right-of-
way approval process by the Indian tribe substantially complies with 
subsection (h) of the first section of the Act of August 9, 1955 (69 
Stat. 539, chapter 615; 25 U.S.C. 415(h)), or the Indian tribe has 
approved regulations under paragraph (1) of that subsection.''.

SEC. 205. FEDERAL ENERGY REGULATORY COMMISSION STAFFING.

    (a) Consultation Deadline.--Section 401(k)(6) of the Department of 
Energy Organization Act (42 U.S.C. 7171(k)(6)) is amended--
            (1) by striking ``The Chairman'' and inserting the 
        following:
                    ``(A) In general.--The Chairman''; and
            (2) by adding at the end the following:
                    ``(B) Deadline.--The requirement under subparagraph 
                (A) shall be considered met if the Director of the 
                Office of Personnel Management has not taken final 
                action on a plan for applying authorities under this 
                subsection within 120 days of submission of the plan by 
                the Chairman to the Director of the Office of Personnel 
                Management.''.
    (b) Elimination of Reporting Sunset.--Section 11004(b)(1) of the 
Energy Act of 2020 (42 U.S.C. 7171 note; Public Law 116-260) is amended 
by striking ``thereafter for 10 years,'' and inserting ``thereafter,''.
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