I 
119TH CONGRESS 
2D SESSION 
H. R. 7329 
To amend the Energy Act of 2020, the Geothermal Steam Act of 1970, 
the Energy Policy Act of 2005, and the Mineral Leasing Act to stream-
line the leasing and permitting processes of Federal agencies for certain 
energy and mineral projects, to clarify Federal authorization require-
ments for certain projects on non-Federal land, to establish enforceable 
Federal authorization timelines and expedited judicial remedies, to limit 
Federal actions halting fully permitted projects, to create a de-risking 
compensation program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 2026 
Mr. HARDER of California (for himself, Mr. LAWLER, Mr. BACON, Mr. GRAY, 
Mr. EDWARDS, and Ms. MCDONALD RIVET) introduced the following bill; 
which was referred to the Committee on Natural Resources, and in addi-
tion to the Committees on Agriculture, Energy and Commerce, Transpor-
tation and Infrastructure, Science, Space, and Technology, and the Judi-
ciary, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To amend the Energy Act of 2020, the Geothermal Steam 
Act of 1970, the Energy Policy Act of 2005, and the 
Mineral Leasing Act to streamline the leasing and per-
mitting processes of Federal agencies for certain energy 
and mineral projects, to clarify Federal authorization 
requirements for certain projects on non-Federal land, 
to establish enforceable Federal authorization timelines 
and expedited judicial remedies, to limit Federal actions 
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halting fully permitted projects, to create a de-risking 
compensation program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fighting for Reliable 
Energy and Ending Doubt for Open Markets Act’’ or the 
‘‘FREEDOM Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) energy projects face catastrophic financial 
losses when Federal agencies revoke permits, fail to 
adhere to deadlines, or take years to process routine 
applications for those projects, even in cases in 
which project sponsors have invested millions of dol-
lars in reliance on Federal approvals; 
(2) the regulatory uncertainty described in 
paragraph (1)— 
(A) deters critical energy infrastructure in-
vestment across all technologies; and 
(B) undermines United States energy secu-
rity and economic competitiveness; and 
(3) regulatory uncertainty and permitting 
delays increase the cost of building energy and min-
eral infrastructure, which raises the cost of living for 
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American families and increases power prices for 
homes and businesses. 
SEC. 3. AMENDMENT TO ENERGY ACT OF 2020. 
(a) IN GENERAL.—The Energy Act of 2020 (division 
Z of the Consolidated Appropriations Act, 2021 (Public 
Law 116–260; 134 Stat. 2418)) is amended by adding at 
the end the following: 
‘‘TITLE XII—FIGHTING FOR RELI-
ABLE ENERGY AND ENDING 
DOUBT FOR OPEN MARKETS 
‘‘Subtitle A—Definitions 
‘‘SEC. 12001. DEFINITIONS. 
‘‘In this title: 
‘‘(1) AGENCY.—The term ‘agency’ has the 
meaning given the term in section 551 of title 5, 
United States Code. 
‘‘(2) AUTHORIZATION.—The term ‘authoriza-
tion’ means— 
‘‘(A) any license, permit, approval, finding, 
determination, or administrative decision issued 
by an agency; and 
‘‘(B) any interagency consultation that is 
authorized or required to be conducted under 
Federal law— 
‘‘(i) between or among— 
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‘‘(I) agencies; and 
‘‘(II) in the case of any State 
that chooses to participate in the envi-
ronmental review of a covered energy 
project, 1 or more State agencies; and 
‘‘(ii) in order to site, construct, recon-
struct, or commence operation of a covered 
energy project. 
‘‘(3) COMPLEX
AUTHORIZATION.—The term 
‘complex authorization’ means an authorization iden-
tified as a complex authorization by a lead agency 
under section 12301(d). 
‘‘(4) COVERED ENERGY PROJECT.—The term 
‘covered energy project’ means any activity carried 
out in the United States that involves the construc-
tion of infrastructure— 
‘‘(A) to develop, produce, generate, store, 
transport, or distribute energy; 
‘‘(B) to capture, remove, transport, or 
store carbon dioxide; or 
‘‘(C) to mine, extract, beneficiate, or proc-
ess minerals. 
‘‘(5) ENVIRONMENTAL DOCUMENT.— 
‘‘(A) IN
GENERAL.—The term ‘environ-
mental document’ means— 
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‘‘(i) an environmental assessment; 
‘‘(ii) a finding of no significant im-
pact; 
‘‘(iii) a notice of intent; 
‘‘(iv) an environmental impact state-
ment; and 
‘‘(v) a record of decision. 
‘‘(B) INCLUSIONS.—The term ‘environ-
mental document’ includes any document that 
is— 
‘‘(i) a supplement to a document de-
scribed in subparagraph (A); or 
‘‘(ii)(I) related to a document de-
scribed in subparagraph (A); and 
‘‘(II) prepared pursuant to a court 
order. 
‘‘(6) ENVIRONMENTAL IMPACT STATEMENT.— 
The term ‘environmental impact statement’ means a 
detailed, written statement required under section 
102(2)(C) of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332(2)(C)). 
‘‘(7) ENVIRONMENTAL REVIEW.—The term ‘en-
vironmental review’ means any agency procedure or 
process for— 
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‘‘(11) ROUTINE
AUTHORIZATION.—The term 
‘routine authorization’ means any authorization that 
is not a complex authorization. 
‘‘Subtitle B—Federal Land Energy 
and Mineral Reforms 
‘‘SEC. 12101. ACCELERATING FEDERAL LAND RIGHTS-OF- 
WAY 
FOR 
CERTAIN 
COVERED 
ENERGY 
PROJECTS. 
‘‘(a) DEFINITION OF ELIGIBLE PROJECT.—In this 
section, the term ‘eligible project’ means a covered energy 
project for which the project sponsor seeks a right-of-way 
under section 501 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1761). 
‘‘(b) COST RECOVERY.—Not later than 30 days after 
the date on which a project sponsor submits a complete 
application for a right-of-way under section 501 of the 
Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1761) for an eligible project, the Secretary of the 
Interior or the Secretary of Agriculture, as applicable, 
shall issue a cost recovery agreement relating to the eligi-
ble project, if a cost recovery agreement is required under 
section 2804.14 of title 43, Code of Federal Regulations 
(or a successor regulation), or section 251.58 of title 36, 
Code of Federal Regulations (or a successor regulation). 
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‘‘(c) LOW-DISTURBANCE ACTIVITIES FOR ELIGIBLE 
PROJECTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this title, to facilitate 
timely permitting of eligible projects, the Secretary 
of the Interior and the Secretary of Agriculture each 
shall develop or adopt 1 or more categorical exclu-
sions, including allowing for extraordinary cir-
cumstances under which the categorical exclusion 
shall not be available, under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
for low-disturbance activities described in paragraph 
(2) that are necessary for eligible projects. 
‘‘(2) ACTIVITIES DESCRIBED.—Low-disturbance 
activities referred to in paragraph (1) include the 
following: 
‘‘(A) An individual surface disturbance of 
less than 5 acres for which a site-specific anal-
ysis has previously been completed in an envi-
ronmental document under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
‘‘(B) An activity at a location at which the 
same type of activity has previously occurred 
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during the 5-year period preceding the date of 
commencement of the activity. 
‘‘(C) An activity on previously disturbed or 
developed (as defined in section 1021.102(g)(1) 
of title 10, Code of Federal Regulations (as in 
effect on the date of enactment of this title) 
land that was analyzed, in an approved land use 
plan or an environmental document prepared 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.)), as a reasonably 
foreseeable activity, subject to the condition 
that the land use plan or environmental docu-
ment was approved during the 5-year period 
preceding the date of commencement of the ac-
tivity. 
‘‘(D) Maintenance of a minor activity, 
other than construction or major renovation, of 
a building or facility. 
‘‘(E) A preliminary geotechnical investiga-
tion. 
‘‘(F) The construction or removal of a me-
teorological evaluation tower. 
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‘‘Subtitle C—De-Risking 
Compensation Program 
‘‘SEC. 12201. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) CAPITAL CONTRIBUTION.—The term ‘cap-
ital contribution’, with respect to a covered energy 
project, means the sum of— 
‘‘(A) any amounts expended by the project 
sponsor for the covered energy project; and 
‘‘(B) any amounts the project sponsor is 
obligated to expend for the covered energy 
project under an executed contract, binding 
commitment, or financing agreement, including 
verifiable expenditures for development, con-
struction, permitting, and financing costs di-
rectly related to the covered energy project. 
The term ‘capital contribution’ shall not include ex-
ecutive compensation, bonuses, equity awards, gen-
eral corporate overhead, lobbying, public relations, 
dividends, or profit. 
‘‘(2) COURT.—The term ‘Court’ means the 
United States Court of Federal Claims. 
‘‘(3) PROGRAM.—The term ‘Program’ means 
the De-Risking Compensation Program established 
by section 12202(a). 
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‘‘(4) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Energy. 
‘‘SEC. 12202. ESTABLISHMENT; PURPOSES. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department of Energy a program, to be known as the ‘De- 
Risking Compensation Program’, to provide compensation 
to project sponsors of covered energy projects that suffer 
unrecoverable losses due to an event described in section 
12204(a), as determined by the Court in accordance with 
this subtitle. 
‘‘(b) PURPOSES.—The purposes of the Program 
are— 
‘‘(1) to reduce regulatory risks for energy infra-
structure developers; 
‘‘(2) to facilitate timely permitting and financ-
ing of projects essential to United States energy se-
curity and economic competitiveness; and 
‘‘(3) to provide compensation in cases in which 
an agency action, inaction, or delay causes a covered 
energy project to be cancelled, unviable, or subject to 
an unrecoverable loss. 
‘‘SEC. 12203. ENROLLMENT. 
‘‘(a) ELIGIBILITY.—A project sponsor shall be eligi-
ble to enroll in the Program with respect to a covered en-
ergy project if the project sponsor— 
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‘‘(1) exercises control over the covered energy 
project; and 
‘‘(2) submits to the Secretary an application 
under subsection (b)— 
‘‘(A) after the submission of a notice of 
initiation for the covered energy project under 
section 12301(a); but 
‘‘(B) not later than 90 days after the com-
pleted notice date (as defined in section 
12302(a)) of the covered energy project. 
‘‘(b) APPLICATIONS.— 
‘‘(1) IN GENERAL.—A project sponsor seeking 
enrollment in the Program shall submit to the Sec-
retary an application, in such form, in such manner, 
and containing such information as the Secretary 
may require, subject to the condition that the re-
quired information shall be only that necessary— 
‘‘(A) to verify the eligibility of the project 
sponsor under subsection (a); and 
‘‘(B) to calculate the premium to be 
charged to the project sponsor under subsection 
(d)(1). 
‘‘(2) LIMITATION.—The Secretary shall not ac-
cept an application under this subsection relating to 
a covered energy project that is submitted after the 
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the capital contribution of the project 
sponsor to the covered energy project. 
‘‘(ii) ADJUSTMENT.—The Secretary 
may increase the amount of a premium 
charged to a project sponsor under clause 
(i) by not more than 1.5 percentage points, 
as the Secretary determines to be nec-
essary to ensure the solvency of the Pro-
gram. 
‘‘(C) DEPOSIT.—The Secretary shall de-
posit the premiums collected pursuant to this 
paragraph in the De-Risking Compensation 
Fund established by section 12205(a). 
‘‘(2) NO
ENROLLMENT
FEE.—No enrollment 
fee may be charged for enrollment in the Program. 
‘‘(e) ADMINISTRATIVE RECORD.— 
‘‘(1) IN GENERAL.—For each covered energy 
project with respect to which a project sponsor is en-
rolled in the Program, the Secretary shall maintain 
an administrative record, which shall consist of— 
‘‘(A) the application submitted by the 
project sponsor under subsection (b); and 
‘‘(B) the premium payment history of the 
project sponsor. 
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‘‘(2) CERTIFICATION.—Not later than 30 days 
after the date of receipt of a request from a project 
sponsor enrolled in the Program, the Secretary shall 
certify and submit to the Court the administrative 
record maintained under paragraph (1) with respect 
to the applicable covered energy project. 
‘‘SEC. 12204. COMPENSATION OF ENROLLED PROJECT 
SPONSORS. 
‘‘(a) TRIGGERING EVENTS.—A project sponsor en-
rolled in the Program may receive from the Secretary com-
pensation in accordance with this section if the Court de-
termines that the covered energy project of the project 
sponsor has suffered an unrecoverable loss due to any of 
the following events: 
‘‘(1) Revocation, cancellation, or vacatur of an 
authorization. 
‘‘(2) Failure by an agency to issue a final deci-
sion regarding an authorization by the applicable 
deadline under subsection (b) or (c) of section 
12302. 
‘‘(3) Failure by an agency to act on a remand, 
renewal, or reapproval relating to the covered energy 
project by the date that is 180 days after the date 
on which the agency received the remand, renewal 
request, or reapproval request, as applicable. 
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‘‘(4) Failure by an agency to adhere to a dead-
line required under another Federal law. 
‘‘(5) Inaction or unreasonable delay by an agen-
cy that— 
‘‘(A) causes the cancellation of the covered 
energy project; or 
‘‘(B) renders the covered energy project 
commercially unviable. 
‘‘(b) CLAIMS FOR COMPENSATION.— 
‘‘(1) IN GENERAL.—Not later than the date de-
scribed in paragraph (2), a project sponsor enrolled 
in the Program may bring an action in the Court 
seeking compensation from the Secretary with re-
spect to a covered energy project. 
‘‘(2) DESCRIPTION
OF
DATE.—The date re-
ferred to in paragraph (1) is the date that is 180 
days after the later of— 
‘‘(A) the date on which an event described 
in subsection (a) occurs with respect to the ap-
plicable covered energy project; and 
‘‘(B) the first date on which the project 
sponsor knew, or reasonably should have 
known, of— 
‘‘(i) an unrecoverable loss suffered by 
the covered energy project; and 
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‘‘(ii) the causal connection of that loss 
to an event described in subsection (a). 
‘‘(3) CONTENTS.—A claim filed with the Court 
under this subsection shall include documentation, 
certified by a qualified accountant, demonstrating— 
‘‘(A) enrollment of the project sponsor in 
the Program with respect to the applicable cov-
ered energy project; 
‘‘(B) the total capital contribution of the 
project sponsor to the covered energy project; 
and 
‘‘(C)(i) each unrecoverable loss claimed 
with respect to the covered energy project; and 
‘‘(ii) the causal connection of that loss to 
an event described in subsection (a). 
‘‘(c) JUDICIAL REVIEW.— 
‘‘(1) EXCLUSIVE
JURISDICTION.—The Court 
shall have exclusive jurisdiction over any action 
brought under this section. 
‘‘(2) STANDARD AND SCOPE OF REVIEW.—In 
an action under this section, the Court shall— 
‘‘(A) review the matter based on the ad-
ministrative record submitted by the Secretary 
under section 12203(e)(2), subject to paragraph 
(3); and 
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‘‘(B) determine de novo— 
‘‘(i) whether the project sponsor has 
established, by a preponderance of the evi-
dence, entitlement to compensation under 
the Program; and 
‘‘(ii) if such an entitlement is so es-
tablished, the amount of compensation to 
be provided, in accordance with subsection 
(d). 
‘‘(3) 
FAILURE
TO
CERTIFY
OR
SUBMIT 
RECORD.—If the Secretary fails to maintain an ad-
ministrative record as required under paragraph (1) 
of section 12203(e), or fails to certify or submit to 
the Court such a record by the applicable deadline 
under paragraph (2) of that section, the Court may 
proceed in the applicable action under this section 
on the basis of— 
‘‘(A) the evidence submitted by the project 
sponsor; and 
‘‘(B) any other evidence the Court deter-
mines to be appropriate. 
‘‘(d) PAYMENTS.— 
‘‘(1) JUDGMENT.— 
‘‘(A) IN GENERAL.—On determining that a 
project sponsor is entitled to receive compensa-
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tion in an action under this section, the Court 
shall enter a judgment ordering the Secretary 
to pay the awarded amount from the De-Risk-
ing Compensation Fund established by section 
12205(a), subject to subparagraph (B). 
‘‘(B) MINIMUM CAPITAL CONTRIBUTION.— 
The Court may not award compensation to a 
project sponsor under this subsection with re-
spect to a covered energy project unless the 
project sponsor demonstrates, through the doc-
umentation submitted under subsection (b)(3), 
that the capital contribution of the project 
sponsor to the covered energy project is equal 
to not less than $5,000,000. 
‘‘(2) AMOUNT.— 
‘‘(A) LIMITATION.—The amount of com-
pensation provided to a project sponsor under 
this subsection shall not exceed an amount 
equal to the total capital contribution of the 
project sponsor to the applicable covered energy 
project. 
‘‘(B) OFFSET.—The Court shall reduce the 
amount of compensation provided to a project 
sponsor under this subsection by the amount of 
any award, settlement payment, insurance re-
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covery, or other compensation received by the 
project sponsor for the same unrecoverable loss 
arising from the same agency action, inaction, 
delay, or order that is the subject of the action 
under this section. 
‘‘(C) NO DOUBLE RECOVERY.—A project 
sponsor may not receive compensation under 
this subtitle for any loss for which the project 
sponsor has been compensated under subtitle E. 
‘‘(3) ACTION
BY
SECRETARY.—The Secretary 
shall provide to a project sponsor a payment award-
ed by the Court under this section by not later than 
30 days after the date on which the judgment under 
paragraph (1) ordering that payment becomes final. 
‘‘(e) LIMITATIONS ON DENIAL.—The Court and the 
Secretary may not deny a claim submitted by a project 
sponsor under this subtitle based on— 
‘‘(1) the merits of the covered energy project 
that is the subject of the claim; or 
‘‘(2) a type of technology employed by that cov-
ered energy project. 
‘‘(f) APPEALS.—A judgment of the Court under this 
section shall be subject to judicial review in the United 
States Court of Appeals for the Federal Circuit in accord-
ance with section 1295 of title 28, United States Code. 
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‘‘SEC. 12205. DE-RISKING COMPENSATION FUND. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund, to be known as the 
‘De-Risking Compensation Fund’ (referred to in this sec-
tion as the ‘Fund’), consisting of— 
‘‘(1) the premiums collected under section 
12203(d)(1); and 
‘‘(2) such amounts as are appropriated to the 
Fund pursuant to subsection (c). 
‘‘(b) USE OF FUNDS.—Amounts in the Fund shall 
be available, without further appropriation, solely for— 
‘‘(1) compensation payments ordered in final 
judgments under section 12204(d)(1); and 
‘‘(2) the administration of the Program, subject 
to the condition that not more than 5 percent of 
amounts in the Fund shall be available for adminis-
trative expenses. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Fund such sums 
as are necessary to carry out this subtitle. 
‘‘(d) LIMITATION.—No payment may be made under 
this subtitle from the general fund of the Treasury or any 
other Federal account if amounts in the Fund are ex-
hausted. 
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‘‘Subtitle D—Permitting Timelines 
and Performance Fund 
‘‘SEC. 12301. NOTICES OF INITIATION; PROJECT SCHED-
ULES. 
‘‘(a) NOTICES OF INITIATION FOR COVERED ENERGY 
PROJECTS.— 
‘‘(1) IN
GENERAL.—A project sponsor shall 
submit a notice of initiation for a covered energy 
project proposed to be carried out by the project 
sponsor to the head of each agency from which 1 or 
more authorizations are anticipated to be required to 
carry out the covered energy project. 
‘‘(2) CONTENTS.—A notice of initiation under 
this subsection shall include— 
‘‘(A) a statement describing the purposes 
and objectives of the proposed covered energy 
project; 
‘‘(B) a concise description of the proposed 
covered energy project, including the general lo-
cation of the proposed covered energy project 
and a summary of geospatial information, if 
available, illustrating the project area and the 
locations of known environmental, cultural, and 
historic resources, if any; 
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‘‘(C) a statement identifying all Federal fi-
nancing, environmental reviews, and authoriza-
tions anticipated to be required to carry out the 
proposed covered energy project; and 
‘‘(D) a general description, to the extent 
practicable, of any preliminary and projected 
future stakeholder engagement conducted by 
the project sponsor relating to the covered en-
ergy project. 
‘‘(b) DETERMINATION OF COMPLETENESS.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after the date of receipt of a notice of initiation 
under subsection (a), the applicable lead agency 
shall determine whether the notice is complete in ac-
cordance with paragraph (2). 
‘‘(2) COMPLETENESS.—A notice of initiation 
shall be considered to be complete under paragraph 
(1) if the lead agency determines that the notice 
meets the requirements described in subsection 
(a)(2). 
‘‘(3) STATEMENT.— 
‘‘(A) IN
GENERAL.—A lead agency, on 
making a determination under paragraph (1) 
that— 
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‘‘(i) a notice of initiation is complete, 
shall provide to the project sponsor a state-
ment of the determination; or 
‘‘(ii) a notice of initiation is incom-
plete, shall provide to the project sponsor 
a deficiency statement identifying the in-
formation required for the notice to be 
considered complete. 
‘‘(B) FAILURE TO ACT.—If a lead agency 
fails to issue a statement under this paragraph 
by the applicable deadline described in para-
graph (1), the applicable notice of initiation 
shall be deemed to be complete. 
‘‘(4) EFFECT OF DEFICIENCY.— 
‘‘(A) RESPONSE BY PROJECT SPONSOR.— 
If a lead agency issues a deficiency statement 
under paragraph (3)(A)(ii), the project sponsor 
may— 
‘‘(i) submit to the lead agency a re-
vised notice containing the information 
identified in the deficiency statement by 
not later than 90 days after the date on 
which the deficiency statement is issued; or 
‘‘(ii) request an extension of time to 
prepare such a revised notice. 
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‘‘(B) EXTENSION.—On receipt of a request 
for an extension under subparagraph (A)(ii), a 
lead agency shall grant the applicable project 
sponsor an extension of the applicable deadline 
under subparagraph (A)(i) for a period of not 
more than 90 days. 
‘‘(c) PROJECT SCHEDULE.—Not later than 30 days 
after the date on which a notice of initiation for a pro-
posed covered energy project is determined or deemed to 
be complete under subsection (b), the applicable lead agen-
cy shall publish a schedule for the covered energy project 
that— 
‘‘(1)(A) lists each authorization required for the 
covered energy project; and 
‘‘(B) identifies each such authorization as a 
routine authorization or a complex authorization, in 
accordance with subsection (d); 
‘‘(2) identifies each Federal, State, Tribal, and 
local agency that has been designated as a cooper-
ating agency for the covered energy project in ac-
cordance with the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), if applicable; 
and 
‘‘(3) 
establishes 
for 
the 
covered 
energy 
project— 
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‘‘(A) interim milestones; and 
‘‘(B) final decision dates in accordance 
with section 12302. 
‘‘(d) IDENTIFICATION OF AUTHORIZATIONS.— 
‘‘(1) IN GENERAL.—For each authorization re-
quired for a covered energy project for which a 
schedule is published under subsection (c), the lead 
agency shall identify the authorization as— 
‘‘(A) a complex authorization if the author-
ization is— 
‘‘(i) described in paragraph (2); or 
‘‘(ii) designated by the lead agency 
pursuant to paragraph (3)(A); or 
‘‘(B) a routine authorization if the author-
ization is not identified as a complex authoriza-
tion under subparagraph (A). 
‘‘(2) DESCRIPTION
OF
COMPLEX
AUTHORIZA-
TIONS.—A complex authorization referred to in 
paragraph (1)(A)(i) is an authorization that— 
‘‘(A) requires the issuance of an authoriza-
tion or certification of public convenience and 
necessity under section 3(e) or 7(c) of the Nat-
ural Gas Act (15 U.S.C. 717b(e), 717f(c)); 
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‘‘(B) requires the issuance of a license or 
permit under section 4(e) or 216 of the Federal 
Power Act (16 U.S.C. 797(e), 824p); 
‘‘(C) requires the issuance of a lease, ease-
ment, right-of-way, or other authorization 
under section 5 or 8(p) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1334, 
1337(p)); 
‘‘(D) requires the preparation of an envi-
ronmental assessment or environmental impact 
statement; 
‘‘(E) requires formal consultation under 
section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536) or results in the 
issuance of a biological opinion; 
‘‘(F) requires consultation under section 
306108 of title 54, United States Code; 
‘‘(G) grants a new or expanded right-of- 
way, easement, lease, or comparable real prop-
erty interest exceeding 20 acres of Federal 
property; or 
‘‘(H) requires an individual permit under 
section 404 of the Federal Water Pollution 
Control Act (33 U.S.C. 1344) or an individual 
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water quality certification under section 401 of 
that Act (33 U.S.C. 1341). 
‘‘(3) DESIGNATIONS BY LEAD AGENCY.— 
‘‘(A) IN
GENERAL.—A lead agency may 
designate an authorization as a complex author-
ization based on a written, reasoned determina-
tion of the lead agency that identifies factors 
that— 
‘‘(i) are specific to the applicable cov-
ered energy project; and 
‘‘(ii) are not described in subpara-
graphs (A) through (H) of paragraph (2). 
‘‘(B) JUDICIAL REVIEW.—The designation 
by a lead agency of a complex authorization 
pursuant to subparagraph (A) shall be subject 
to judicial review by the applicable reviewing 
court under subtitle E. 
‘‘SEC. 12302. AUTHORIZATION DEADLINES. 
‘‘(a) DEFINITION OF COMPLETED NOTICE DATE.— 
In this section, the term ‘completed notice date’, with re-
spect to a covered energy project, means the date on which 
the notice of initiation under section 12301(a) for the cov-
ered energy project is— 
‘‘(1) determined to be complete under section 
12301(b)(1); or 
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‘‘(2) deemed to be complete under section 
12301(b)(3)(B). 
‘‘(b) DEADLINES.—Each agency that receives from 
a project sponsor a notice of initiation under section 
12301(a) for a covered energy project shall issue a final 
decision regarding each authorization for the covered en-
ergy project that is under the jurisdiction of the agency 
by not later than— 
‘‘(1) the date that is 90 days after the com-
pleted notice date of the covered energy project, if 
the authorization is a routine authorization; and 
‘‘(2) the date that is 1 year after the completed 
notice date of the covered energy project, if the au-
thorization is a complex authorization, except as pro-
vided in subsection (c). 
‘‘(c) EXTENSION
FOR
ENVIRONMENTAL
IMPACT 
STATEMENTS.—If the lead agency publishes a notice of 
intent to prepare an environmental impact statement for 
a covered energy project after the completed notice date 
of the covered energy project, the deadline for completion 
of the environmental impact statement shall be the date 
that is 2 years after the completed notice date. 
‘‘(d) EARLIER DEADLINES UNDER OTHER FEDERAL 
LAW.—If another Federal law requires an agency to issue 
a final decision regarding an authorization by a date that 
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is earlier than the deadline applicable under subsection (b) 
or (c), the agency shall issue the final decision not later 
than that earlier date. 
‘‘(e) FAILURE TO MEET DEADLINE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the failure by an agency to adhere to a 
deadline under this section or a milestone under sec-
tion 12301(c)(3)(A) shall be— 
‘‘(A) considered to be a final agency action 
unlawfully withheld or unreasonably delayed 
under section 706 of title 5, United States 
Code; and 
‘‘(B) subject to review by a reviewing court 
under subtitle E or the United States Court of 
Federal Claims under subtitle C. 
‘‘(2) EXCEPTIONS.—The failure by an agency 
to adhere to a deadline under this section or a mile-
stone under section 12301(c)(3)(A) shall not be con-
sidered to be a final agency action unlawfully with-
held or unreasonably delayed under section 706 of 
title 5, United States Code, if— 
‘‘(A) the project sponsor and the agency 
agree to a different deadline or milestone; or 
‘‘(B) a reviewing court determines that— 
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‘‘(i) a natural disaster reasonably im-
paired the ability of the agency to adhere 
to the deadline or milestone; or 
‘‘(ii) a national emergency or extraor-
dinary circumstance exists for which the 
only available remedy is to delay the dead-
line or milestone. 
‘‘SEC. 12303. REVIEWING COURT-APPROVED CONTRACTORS. 
‘‘(a) DEFINITION OF ELIGIBLE PROJECT.—In this 
section, the term ‘eligible project’ means a covered energy 
project with respect to which a reviewing court has— 
‘‘(1) found that an agency has failed to adhere 
to a deadline or milestone; and 
‘‘(2) issued an order described in section 
12404(b)(2)(C). 
‘‘(b) PROJECT SPONSOR REQUEST.— 
‘‘(1) IN
GENERAL.—On receipt of a request 
from the project sponsor of an eligible project, a re-
viewing court may authorize the project sponsor to 
retain a qualified contractor to complete any nec-
essary analysis or documentation, in accordance with 
this subsection. 
‘‘(2) INCLUSIONS.—A project sponsor request 
under paragraph (1) shall include— 
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‘‘(A) identifying information for the con-
tractor proposed to be hired by the project 
sponsor; and 
‘‘(B) the qualifications of that contractor, 
including— 
‘‘(i) relevant professional credentials; 
‘‘(ii) prior experience with Federal en-
vironmental reviews; and 
‘‘(iii) disclosure of any potential con-
flicts of interest that are material to the 
work to be performed, including— 
‘‘(I) any financial interest in the 
outcome of the applicable eligible 
project; 
‘‘(II) any contingent or success- 
based compensation arrangement; 
‘‘(III) any engagement with the 
project sponsor; 
‘‘(IV) any equity ownership with 
a 10-percent or greater interest; 
‘‘(V) any contractual relation-
ship, during the 2-year period pre-
ceding the date of the request, be-
tween the contractor and an engineer-
ing, procurement, or construction firm 
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acting as a prime contractor for the 
eligible project; and 
‘‘(VI) any current engagement 
related to the eligible project. 
‘‘(3) APPROVAL.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the date of receipt of a request of a 
project sponsor under this subsection, the re-
viewing court shall approve or reject the pro-
posed contractor that is the subject of the re-
quest based on— 
‘‘(i) the demonstrated technical com-
petence of the contractor for the required 
analyses; 
‘‘(ii) the absence of disqualifying con-
flicts of interest; 
‘‘(iii) the agreement of the con-
tractor— 
‘‘(I) to operate under the tech-
nical guidance of the applicable agen-
cy; 
‘‘(II) to maintain independence 
in professional judgment; and 
‘‘(III) to proceed under the direc-
tion of the reviewing court if the 
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agency fails to provide technical guid-
ance or timely review by an applicable 
deadline under subsection (g); and 
‘‘(iv) a determination by the reviewing 
court regarding whether the contractor 
meets the qualifications described in sub-
paragraph (B). 
‘‘(B) QUALIFICATIONS.—The qualifications 
referred to in subparagraph (A)(iv), with re-
spect to a contractor, are that the contractor— 
‘‘(i) holds a recognized professional li-
cense or certification applicable to the 
work, or has demonstrably comparable ex-
pertise; 
‘‘(ii) has demonstrated experience 
completing similar analyses for agencies 
during the preceding 5-year period; 
‘‘(iii) is not debarred or suspended 
from Federal contracting; and 
‘‘(iv) maintains professional liability 
insurance of not less than $1,000,000. 
‘‘(C) FORM OF APPROVAL.—The approval 
of a reviewing court under this paragraph may 
include any conditions or limitations necessary 
to ensure compliance with applicable law. 
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‘‘(c) STANDARDS AND OBLIGATIONS.— 
‘‘(1) IN GENERAL.—A contractor approved by a 
reviewing court under subsection (b) shall— 
‘‘(A) follow applicable laws and regula-
tions, guidance documents, and technical stand-
ards relevant to the analyses performed by the 
contractor; 
‘‘(B) certify under penalty of perjury that 
all work product of the contractor meets the ap-
plicable legal requirements; 
‘‘(C) maintain professional independence 
from the applicable project sponsor in all tech-
nical determinations and analyses; 
‘‘(D) remain subject to applicable profes-
sional liability and ethical standards; and 
‘‘(E) execute a sworn conflict of interest 
and relationship disclosure, as described in sub-
section (b)(2)(B)(iii), and maintain a log of ma-
terial communications with the project sponsor, 
which shall be made available to the reviewing 
court and any applicable agency on request. 
‘‘(2) STATUS
OF
WORK
PRODUCT.—All work 
product of a contractor approved under this section 
shall be— 
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‘‘(A) deemed to be received by the applica-
ble agency on submission by the contractor; and 
‘‘(B) included in the administrative record 
relating to each relevant authorization. 
‘‘(d) PAYMENT.— 
‘‘(1) IN GENERAL.—All reasonable costs of a 
contractor approved by a reviewing court under this 
section, including the costs of studies, modeling, and 
coordination, shall be paid— 
‘‘(A) by the relevant lead agency from 
amounts in the Permitting Performance Fund 
established by section 12304(a); and 
‘‘(B) at rates not higher than comparable 
rates on the Federal Supply Schedule of the 
General Services Administration, or as other-
wise determined to be reasonable by the review-
ing court. 
‘‘(2) ADVANCES.— 
‘‘(A) IN GENERAL.—A project sponsor may 
advance to a contractor approved under this 
section payment for any costs described in 
paragraph (1). 
‘‘(B) 
REIMBURSEMENT.—The 
relevant 
lead agency shall reimburse a project sponsor 
that makes an advance payment under subpara-
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graph (A) by not later than 30 days after the 
date on which the project sponsor submits to 
the lead agency an invoice relating to the ad-
vance payment. 
‘‘(e) SCOPE OF WORK.—A contractor approved by a 
reviewing court under this section shall prepare only the 
documentation necessary to complete the relevant admin-
istrative record. 
‘‘(f) PRODUCTION
OF
GOVERNMENT
INFORMA-
TION.— 
‘‘(1) IN GENERAL.—On a motion of the project 
sponsor or a contractor approved by a reviewing 
court under this section, the reviewing court may 
order any Federal, State, or local agency to produce, 
by a date certain, any document, data, or expert 
input necessary to complete the relevant administra-
tive record. 
‘‘(2) NO TOLLING.—A failure by an agency to 
produce a document, data, or input by the applicable 
date under paragraph (1) shall not toll any deadline 
under this title. 
‘‘(g) DEADLINES FOR CONTRACTOR WORK.—A re-
viewing court shall establish deadlines for deliverables of 
a contractor approved by the reviewing court under this 
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section, subject to the condition that such a deadline shall 
not exceed— 
‘‘(1) 120 days for a complex authorization not 
requiring an environmental impact statement; and 
‘‘(2) 240 days for a complex authorization re-
quiring an environmental impact statement. 
‘‘(h) AGENCY
DECISIONS
ON
CONTRACTOR-PRE-
PARED RECORD.— 
‘‘(1) AGENCY ACTION.—Not later than 30 days 
after the date on which a contractor approved by a 
reviewing court under this section submits to an ap-
plicable agency the completed documentation pre-
pared by the contractor, the agency shall— 
‘‘(A) issue a final decision regarding the 
applicable authorization, based on the docu-
mentation; or 
‘‘(B) identify, including a citation to the 
applicable law or regulation, any specific legal 
deficiency in the documentation that requires 
correction, subject to paragraph (2)(C). 
‘‘(2) DEFICIENCIES.— 
‘‘(A) IN GENERAL.—If an agency identifies 
a deficiency under paragraph (1)(B), the af-
fected contractor shall correct the deficiency by 
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not later than 90 days after the date on which 
the identification occurs. 
‘‘(B) ACTION BY AGENCY.—Not later than 
14 days after the date of receipt of corrected 
documentation under subparagraph (A), an 
agency shall issue a final decision regarding the 
applicable authorization. 
‘‘(C) SINGLE IDENTIFICATION.—An agency 
may identify deficiencies under paragraph 
(1)(B) on only 1 occasion, unless the applicable 
reviewing court approves another identification 
for good cause based on a legal requirement 
that was not in effect at the time of the initial 
identification of deficiencies. 
‘‘(3) LIMITATION.—An agency may not reject 
any documentation prepared by a contractor ap-
proved by a reviewing court under this section based 
on a policy disagreement or any other discretionary 
factor if the documentation satisfies all applicable 
legal requirements. 
‘‘SEC. 12304. PERMITTING PERFORMANCE FUND. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Treasury a fund, to be known as the ‘Permitting Perform-
ance Fund’ (referred to in this section as the ‘Fund’), con-
sisting of— 
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‘‘(1) any civil penalties assessed under section 
12404(c); 
‘‘(2) such amounts as are transferred to the 
Fund under subsection (c); and 
‘‘(3) such amounts as are appropriated to the 
Fund pursuant to subsection (d). 
‘‘(b) USE OF FUNDS.—Amounts in the Fund shall 
be available, without further appropriation, to pay the 
costs of— 
‘‘(1) any contractor approved by a reviewing 
court under section 12303(b); and 
‘‘(2) any penalty or award to a project sponsor 
of attorneys’ fees and costs ordered by a reviewing 
court pursuant to section 12404(b)(2)(D). 
‘‘(c) TRANSFER OF AMOUNTS.— 
‘‘(1) DEFINITION OF COVERED WORKLOAD.—In 
this subsection, the term ‘covered workload’, with re-
spect to an agency, means the total number of au-
thorizations for covered energy projects listed in 
project schedules published under section 12301(c) 
for which the agency was identified as the respon-
sible agency, determined by assigning a weight of 1 
to each routine authorization and a weight of 4 to 
each complex authorization. 
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‘‘(2) TRANSFER.—The Secretary of the Treas-
ury shall transfer to the Fund from the general 
management account of any agency found by a re-
viewing court under subtitle E to be liable for an un-
reasonable delay an amount based on the proportion 
that— 
‘‘(A) the covered workload of the agency 
during the preceding fiscal year; bears to 
‘‘(B) the covered workload of all agencies 
during that preceding fiscal year. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Fund— 
‘‘(1) $50,000,000 for the initial capitalization 
of the Fund; and 
‘‘(2) thereafter, such sums as are necessary to 
carry out this section. 
‘‘SEC. 12305. EFFECTIVE DATE. 
‘‘(a) IN GENERAL.—This subtitle shall apply to any 
notice of initiation submitted under section 12301(a) for 
a covered energy project on or after the date that is 90 
days after the date of enactment of this title. 
‘‘(b) PENDING PROJECTS.—For a covered energy 
project the notice of initiation for which is pending on the 
effective date described in subsection (a)— 
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‘‘(1) this subtitle shall apply beginning on the 
date that is 120 days after the date of enactment of 
this title; and 
‘‘(2) as applicable, the completed notice date 
(as defined in section 12302(a)) shall be deemed to 
be the date that is 120 days after that date of enact-
ment. 
‘‘Subtitle E—Expedited Judicial 
Review and Enforcement 
‘‘SEC. 12401. CAUSES OF ACTION. 
‘‘(a) IN GENERAL.—Subject to subsection (b), a 
project sponsor of a covered energy project may file a peti-
tion in accordance with section 12402 for judicial review 
of— 
‘‘(1) a final agency action relating to the cov-
ered energy project; 
‘‘(2) an alleged failure by an agency— 
‘‘(A) to act on the covered energy project, 
including through unlawful withholding or un-
reasonable delay; or 
‘‘(B) to adhere to— 
‘‘(i) a milestone established for the 
covered 
energy 
project 
under 
section 
12301(c)(3)(A); or 
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‘‘(ii) a deadline applicable to the cov-
ered energy project under section 12302; 
or 
‘‘(3) an order, directive, suspension, revocation, 
or other action described in section 12501(b) of an 
agency relating to the covered energy project. 
‘‘(b) SINGLE PETITION RULE.— 
‘‘(1) IN GENERAL.—A project sponsor may file 
only 1 petition under this subtitle with respect to 
any single cause of action described in subsection 
(a). 
‘‘(2) MULTIPLE GROUNDS.—A project sponsor 
may file a single petition under this subtitle seeking 
multiple grounds for relief. 
‘‘(c) RELIEF SOUGHT.—A petition under this subtitle 
may seek 1 or more of the following: 
‘‘(1) Review of an order, directive, or action de-
scribed in section 12501(b). 
‘‘(2) A court order compelling agency action or 
other relief for an unreasonable delay in the author-
ization process, in accordance with subtitle D. 
‘‘(3) Review of the designation of an authoriza-
tion as a complex authorization pursuant to section 
12301(d)(3). 
‘‘(d) INTERVENTION.— 
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‘‘(1) IN
GENERAL.—Any person that would 
have standing under article III of the Constitution 
of the United States to challenge or defend the ap-
plicable agency action may move to intervene in a 
cause of action under this subtitle. 
‘‘(2) RULING.—The reviewing court shall rule 
expeditiously on any motion to intervene under para-
graph (1). 
‘‘SEC. 12402. PETITION REQUIREMENTS. 
‘‘(a) CONTENTS.— 
‘‘(1) REQUIREMENTS.—A petition under this 
subtitle shall contain an affidavit, together with sup-
porting documentation described in paragraph (2), 
demonstrating the grounds for the petition as fol-
lows: 
‘‘(A) SUBTITLE F ACTIONS.—A petition al-
leging that an agency violated section 12501 
with respect to a covered energy project shall 
demonstrate that— 
‘‘(i) the agency issued an order or di-
rective, revoked a permit or authorization, 
or carried out any other action to halt, 
delay, or otherwise cancel a previously au-
thorized activity in violation of section 
12501; 
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‘‘(ii) the project sponsor has suffered 
a loss as a direct result of the action de-
scribed in clause (i); and 
‘‘(iii) the compensation sought in the 
petition does not exceed an amount equal 
to 125 percent of the amount of financial 
loss suffered by the project sponsor as a 
result of that action. 
‘‘(B) UNREASONABLE DELAYS.—A petition 
alleging unreasonable delay by an agency with 
respect to a covered energy project shall dem-
onstrate that— 
‘‘(i) the petitioner is a project sponsor 
that has submitted a notice of initiation 
under section 12301(a) for the covered en-
ergy project; 
‘‘(ii) the notice was, on such date as 
the project sponsor shall specify— 
‘‘(I) determined to be complete 
under section 12301(b)(1); or 
‘‘(II) deemed to be complete 
under section 12301(b)(3)(B); 
‘‘(iii) the applicable deadline for a 
final decision relating to an authorization 
for the covered energy project under sec-
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tion 12302 has lapsed without the agency 
issuing the final decision; and 
‘‘(iv) the petitioner has suffered or 
will suffer harm as a result of the lapse de-
scribed in clause (iii). 
‘‘(C) DESIGNATIONS AS COMPLEX.—A pe-
tition seeking review of the designation of an 
authorization as a complex authorization shall 
demonstrate that the written, reasoned deter-
mination by the applicable lead agency fails to 
identify project-specific factors that justify the 
designation, 
in 
accordance 
with 
section 
12301(d)(3). 
‘‘(2) DOCUMENTS AND OTHER INFORMATION.— 
‘‘(A) IN GENERAL.—A petition under this 
subtitle shall include, as applicable to each 
claim asserted in the petition— 
‘‘(i) all relevant agency correspond-
ence (including any application for an au-
thorization), deficiency notices, and deter-
minations relating to a notice of initiation 
or project schedule for the applicable cov-
ered energy project, if any; 
‘‘(ii) a copy of each final agency ac-
tion, authorization, record of decision, en-
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vironmental document, or order that is the 
subject of the petition; and 
‘‘(iii) identification, to the maximum 
extent practicable, of any records similar 
to the records described in this subpara-
graph that are unavailable to the petitioner 
and the reasons for the unavailability. 
‘‘(B) ADDITIONAL INFORMATION.—A peti-
tion for judicial review under this subtitle may 
include other available relevant documents, such 
as expert reports, economic analyses, or affida-
vits from personnel, relating to— 
‘‘(i) the applicable covered energy 
project; 
‘‘(ii) action or inaction by an applica-
ble agency; or 
‘‘(iii) harm suffered by the petitioner. 
‘‘(b) NAMING OF RESPONDENTS.— 
‘‘(1) IN
GENERAL.—In a petition under this 
subtitle challenging the schedule for a covered en-
ergy project under section 12301(c), or the designa-
tion of an authorization as a complex authorization 
under section 12301(d)(3), the head of the applica-
ble lead agency shall be named as the respondent. 
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‘‘(2) OTHER CAUSES OF ACTION.—In a petition 
under this subtitle relating to a cause of action not 
described in paragraph (1), the head of the agency 
that carried out the applicable final agency action, 
issued the applicable order or directive, or is alleged 
to have unlawfully withheld or unreasonably delayed 
action shall be named as the respondent. 
‘‘(c) FILING DATES.— 
‘‘(1) FINAL
AGENCY
ACTIONS.—A petition 
under this subtitle of a cause of action described in 
section 12401(a)(1) shall be filed not later than 60 
days after the date on which the applicable agency 
action becomes final. 
‘‘(2) FAILURES TO ACT.—A petition under this 
subtitle of a cause of action described in section 
12401(a)(2) may be filed beginning on the day after 
the date of the applicable missed deadline or mile-
stone. 
‘‘(3) SUBTITLE F ACTIONS.—A petition under 
this subtitle of a cause of action described in section 
12401(a)(3) shall be filed not later than 30 days 
after the date on which the applicable order, direc-
tive, suspension, revocation, or other action of an 
agency is issued or carried out. 
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‘‘(d) SERVICE.—The petitioner shall serve a petition 
under this subtitle on— 
‘‘(1) the Attorney General of the United States; 
‘‘(2) the head of the lead agency with respect 
to the covered energy project that is the subject of 
the petition; and 
‘‘(3) each cooperating agency identified under 
section 12301(c)(2) in the project schedule for the 
covered energy project that is the subject of the peti-
tion. 
‘‘SEC. 12403. JUDICIAL REVIEW. 
‘‘(a) VENUE.— 
‘‘(1) IN GENERAL.—A petition under this sub-
title may be filed, at the election of the project spon-
sor, in— 
‘‘(A) the United States Court of Appeals 
for the District of Columbia Circuit; 
‘‘(B) the United States court of appeals 
for the circuit in which— 
‘‘(i) the covered energy project is lo-
cated; or 
‘‘(ii) the project sponsor has its prin-
cipal place of business; or 
‘‘(C) any United States district court that 
would have jurisdiction under any other applica-
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ble law (including any special statutory review 
provision) to review the agency action, order, 
directive, or failure to act that is the subject of 
the petition. 
‘‘(2) EXCLUSIVE JURISDICTION.— 
‘‘(A) IN GENERAL.—The reviewing court 
in which a petition is filed under paragraph (1) 
shall have exclusive jurisdiction over— 
‘‘(i) that petition; and 
‘‘(ii) any claim under this subtitle 
with respect to the same cause of action 
described in section 12401(a). 
‘‘(B) CONSOLIDATION.—If 1 or more peti-
tions concerning the same cause of action de-
scribed in section 12401(a) are filed in more 
than 1 reviewing court, each later-filed petition 
shall be transferred to the reviewing court in 
which the initial petition was filed. 
‘‘(b) REPRESENTATION OF RESPONDENTS.—A re-
spondent named under section 12402(b) shall be rep-
resented in accordance with section 518(a) of title 28, 
United States Code. 
‘‘(c) STANDARD OF REVIEW.— 
‘‘(1) IN GENERAL.—The reviewing court shall 
conduct the review of, and reach a decision regard-
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ing, a petition under this subtitle in accordance with 
chapter 7 of title 5, United States Code. 
‘‘(2) ADMINISTRATIVE RECORD.— 
‘‘(A) IN GENERAL.—Judicial review of a 
petition under this subtitle shall be based on an 
administrative record compiled and certified by 
the head of the agency named in the petition as 
the respondent under section 12402(b). 
‘‘(B) MULTIPLE RESPONDENTS.—If mul-
tiple agency heads are named in a petition as 
respondents under section 12402(b)— 
‘‘(i) each agency head shall compile 
and certify the portions of the record with-
in the custody of that agency; and 
‘‘(ii) the lead agency, or such other 
agency as the reviewing court may require, 
shall assemble a consolidated record. 
‘‘(C) FAILURES TO ACT.—The administra-
tive record relating to a petition under this sub-
title for a cause of action described in section 
12401(a)(2) shall include, as applicable— 
‘‘(i) the notice of initiation submitted 
under section 12301(a); 
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‘‘(ii) any completeness or deficiency 
designation of that notice under section 
12301(b); 
‘‘(iii) the project schedule published 
under section 12301(c); and 
‘‘(iv) any other materials the review-
ing court determines to be necessary to re-
solve the petition. 
‘‘(d) ADDITIONAL SUBMISSIONS.—In addition to the 
documents and information required under section 
12402(a)(2), a petitioner shall submit to the reviewing 
court, in accordance with a schedule established by the 
reviewing court, such other records and documents as are 
reasonable and necessary for determination of the appro-
priate remedy and the amount of compensation to be or-
dered. 
‘‘(e) DISCOVERY AND RECORD DEVELOPMENT.— 
‘‘(1) IN GENERAL.—There shall be no discovery 
in a proceeding relating to a petition under this sub-
title other than such discovery as may be ordered by 
the reviewing court, as the reviewing court deter-
mines to be reasonable and necessary to determine 
the appropriate remedy and the amount of com-
pensation (including compensation for any violation 
of section 12501) to be ordered. 
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‘‘(2) INFORMATION, TESTIMONY, AND
DOCU-
MENTS.—The reviewing court may require the sub-
mission of such information, the testimony of such 
persons, and the production of such documents as 
the reviewing court determines to be reasonable and 
necessary for purposes of this subsection. 
‘‘SEC. 12404. EXPEDITED PROCEDURE; RELIEF; PENALTIES; 
APPEALS. 
‘‘(a) EXPEDITED PROCEDURE.—The reviewing court 
shall— 
‘‘(1) establish an expedited schedule for briefing 
and disposition relating to a petition under this sub-
title; and 
‘‘(2) absent extraordinary circumstances, issue 
a decision with respect to a petition under this sub-
title— 
‘‘(A) as expeditiously as practicable; but 
‘‘(B) not later than 120 days after the 
date on which the petition is filed. 
‘‘(b) AVAILABLE RELIEF.— 
‘‘(1) IN GENERAL.—On a finding by a review-
ing court that a petitioner is entitled to relief under 
this subtitle, the reviewing court shall grant such 
legal, equitable, and administrative relief as the re-
viewing court determines to be appropriate to effec-
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tuate the purposes of this title in accordance with 
paragraph (2), subject to section 12501(b). 
‘‘(2) ACTIONS BY REVIEWING COURT.—A re-
viewing court that makes a finding described in 
paragraph (1) shall— 
‘‘(A) hold unlawful and set aside any final 
agency action found to be arbitrary, capricious, 
an abuse of discretion, or otherwise not in ac-
cordance with law; 
‘‘(B) remand each applicable matter to the 
appropriate agency for further action in accord-
ance with the direction of the reviewing court, 
together with a schedule and deadline for com-
pletion of those actions, which deadline shall 
not exceed— 
‘‘(i) 180 days after the date on which 
the judgment is issued; or 
‘‘(ii) such longer period to which the 
project sponsor may agree; 
‘‘(C) in any case involving unlawful with-
holding or unreasonable delay, issue an order 
that— 
‘‘(i) compels the appropriate agency to 
act; 
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‘‘(ii) specifies the date by which each 
discrete action of the agency shall be com-
pleted in order to finalize the agency re-
view and issue a final agency decision; and 
‘‘(iii) retains the jurisdiction of the re-
viewing court to ensure compliance with 
the order; 
‘‘(D) award to a project sponsor that pre-
vails on a claim of unreasonable delay under 
subtitle D reasonable attorneys’ fees and costs; 
and 
‘‘(E) for any action found to be in violation 
of section 12501, award to the project sponsor 
just compensation sufficient to remedy damages 
to the project sponsor caused by the action. 
‘‘(c) PENALTY FOR NONCOMPLIANCE.— 
‘‘(1) DAILY FEE.—A reviewing court shall as-
sess against any agency found to have failed to com-
ply with a schedule or order issued by the reviewing 
court pursuant to subsection (b)(2) a civil penalty in 
an amount equal to not less than $1,000, but not 
more than $100,000, per day of noncompliance. In 
determining the amount of the penalty within that 
range, the reviewing court shall consider the extent 
to which the noncompliance was within the reason-
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able control of the agency and whether the agency 
acted with diligence and good faith. A civil penalty 
assessed under this paragraph shall be payable only 
from unobligated amounts available in the general 
management account of the applicable agency, and 
no transfer or payment may be made if that unobli-
gated balance is zero or if the transfer would reduce 
that unobligated balance to zero. 
‘‘(2) DEPOSIT.—The amounts collected under 
this subsection shall be deposited in the Permitting 
Performance Fund established by section 12304(a). 
‘‘(d) APPEALS.— 
‘‘(1) DISTRICT COURT JUDGMENTS.—If a peti-
tion under this subtitle is filed in a United States 
district court pursuant to section 12403(a)(1)(C), 
any party aggrieved by the judgment of the district 
court may obtain review in the United States court 
of appeals of competent jurisdiction under chapter 
83 of title 28, United States Code, subject to the 
condition that a notice of appeal shall be filed not 
later than 30 days after the date of entry of the 
judgment. 
‘‘(2) COURT
OF
APPEALS
ORIGINAL
PETI-
TIONS.—If a petition under this subtitle is filed in 
a United States court of appeals pursuant to sub-
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paragraph (A) or (B) of section 12403(a)(1), further 
review shall be as otherwise provided by law. 
‘‘SEC. 12405. ACCELERATION OF CERTAIN CLAIMS BY 
OTHER PERSONS. 
‘‘(a) CERTAIN CIVIL ACTIONS.—A civil action au-
thorized by Federal law seeking judicial review of a final 
agency action that constitutes the issuance, approval, or 
adoption of a complex authorization for a covered energy 
project may be brought in accordance with this section by 
a person other than a project sponsor of the covered en-
ergy project. 
‘‘(b) FILING DEADLINE.—A civil action described in 
subsection (a) shall be filed not later than the earlier of— 
‘‘(1) the date that is 150 days after— 
‘‘(A) the date on which the applicable lead 
agency publishes in the Federal Register a no-
tice of the relevant final complex authorization; 
or 
‘‘(B) if publication described in subpara-
graph (A) is not required by law, the date on 
which the lead agency first makes a notice de-
scribed in that subparagraph publicly available; 
and 
‘‘(2) the applicable statutory deadline with re-
spect to the civil action. 
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‘‘(c) SCOPE.—Judicial review of a civil action de-
scribed in subsection (a) shall be limited to the administra-
tive record for the complex authorization at issue. 
‘‘(d) LIMITED VACATUR AND INJUNCTIVE RELIEF.— 
In a civil action described in subsection (a), the court 
may— 
‘‘(1) remand the matter to the applicable agen-
cy for further action in accordance with the direction 
of the court; and 
‘‘(2) in addition to such a remand, vacate or en-
join all or any part of a final agency action only if 
the court finds, based on the administrative record 
and any additional evidence properly before the 
court, that failure so to vacate or enjoin would result 
in specific, imminent, and irreparable environmental 
harm that cannot reasonably be avoided or mitigated 
through narrower relief, an additional mitigation 
measure, or expedited correction of the deficiency. 
‘‘(e) EFFECT OF SECTION.—Nothing in this section 
limits the ability of a project sponsor to bring a claim chal-
lenging an authorization for a covered energy project. 
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‘‘Subtitle F—Limiting Orders 
Against Fully Permitted Projects 
‘‘SEC. 12501. TREATMENT OF FULLY PERMITTED PROJECTS. 
‘‘(a) 
DEFINITION
OF
FULLY
PERMITTED 
PROJECT.—In this section, the term ‘fully permitted 
project’ means a covered energy project that has received 
a substantial majority of the authorizations required for 
the covered energy project. 
‘‘(b) PROHIBITION.—No agency or Federal official 
shall issue any order or directive terminating the construc-
tion or operation of a fully permitted project, revoke any 
permit or authorization for a fully permitted project, or 
take any other action to halt, suspend, delay, or terminate 
an authorized activity carried out to support a fully per-
mitted project unless— 
‘‘(1) there exists— 
‘‘(A) a clear, immediate, and substantiated 
harm for which the Federal order, directive, or 
action is required to prevent, mitigate, or re-
pair; and 
‘‘(B) no other viable alternative that would 
allow a previously authorized activity, such as 
construction, to continue; or 
‘‘(2)(A) an applicable authorization is illegal 
under applicable Federal law; and 
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‘‘(B) the Federal order, directive, or action 
is the only available remedy to address that ille-
gality. 
‘‘(c) LIMITATION ON PETITIONS.— 
‘‘(1) IN GENERAL.—No agency may petition a 
court for voluntary remand of an authorization for 
a fully permitted project that has received a record 
of decision unless the project sponsor consents to the 
petition. 
‘‘(2) IN-CAMERA
REVIEW.—As necessary, a 
court may review a petition submitted under this 
subsection in camera. 
‘‘Subtitle G—Other Matters 
‘‘SEC. 12601. GOVERNMENT ACCOUNTABILITY OFFICE SUR-
VEY AND REPORT. 
‘‘Not later than 180 days after the date of enactment 
of this title, and not less frequently than annually there-
after, the Comptroller General of the United States 
shall— 
‘‘(1) conduct a survey of industry satisfaction 
with the Federal permitting process with respect to 
covered energy projects, which shall— 
‘‘(A) include questions relating to— 
‘‘(i) related Federal staffing levels and 
expertise; 
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‘‘SEC. 30. NO FEDERAL DRILLING PERMIT REQUIRED FOR 
CERTAIN GEOTHERMAL ACTIVITIES ON NON- 
FEDERAL SURFACE. 
‘‘(a) PROHIBITION.—The Secretary shall not require 
an operator to obtain a Federal drilling permit or equiva-
lent Federal drilling approval for any geothermal explo-
ration or production activity conducted on a non-Federal 
surface estate, subject to the conditions that— 
‘‘(1) the United States holds an ownership in-
terest of less than 50 percent of the subsurface geo-
thermal estate to be accessed by the proposed action; 
and 
‘‘(2) the operator shall submit to the Secretary 
a State permit or other State authorization to con-
duct geothermal exploration or production activities 
on the non-Federal surface estate, in accordance 
with subsection (b). 
‘‘(b) STATE PERMITS AND AUTHORIZATIONS.— 
‘‘(1) APPLICATION.—On submission to an ap-
plicable State by an operator described in subsection 
(a) of an application for a State permit or authoriza-
tion described in subsection (a)(2), the operator 
shall— 
‘‘(A) notify the Secretary of the submis-
sion; and 
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