the applicable facility is a national interest 
electric transmission facility described in 
subparagraph (A) or (B) of subsection 
(a)(7); and 
‘‘(iii) provides notice and an oppor-
tunity for hearing with respect to the per-
mit; and 
‘‘(B) if the applicant engages in the pre-
filing process with respect to the applicable fa-
cility. 
‘‘(3) APPLICATIONS.— 
‘‘(A) IN GENERAL.—An application for a 
permit under this subsection shall be made in 
writing to the Commission. 
‘‘(B) 
RULEMAKING.—The 
Commission 
shall issue rules specifying— 
‘‘(i) the form of an application for a 
permit under this subsection; 
‘‘(ii) the information to be contained 
in the application; and 
‘‘(iii) the manner of service of notice 
of the application on interested persons. 
‘‘(4) SIMULTANEOUS PROCEEDINGS.—In order 
to ensure that an applicant for a permit under this 
subsection receives the most timely decision possible 
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with respect to that application, the prefiling process 
relating to that application may be initiated simulta-
neously with, or at any time after, an application is 
submitted to, or any relevant process is initiated 
with, the applicable State commission or other State 
entity that has authority to approve the siting of the 
applicable facility. 
‘‘(d) COMMENTS.—In any proceeding before the 
Commission under subsection (c), the Commission shall 
afford each State and local government in which a trans-
mission 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 reason-
able opportunity to present their views and recommenda-
tions with respect to the need for and impact of a facility 
covered by the permit. 
‘‘(e) RIGHTS-OF-WAY.— 
‘‘(1) IN GENERAL.—In the case of a permit 
under subsection (c) for electric transmission facili-
ties to be located on property other than property 
owned by the United States or a State, if the permit 
holder cannot acquire by contract, or is unable to 
agree with the owner of the property to the com-
pensation to be paid for, the necessary right-of-way 
to construct or modify, and operate and maintain, 
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the transmission facilities and, in the determination 
of the Commission, the permit holder has made good 
faith efforts to engage with affected landowners and 
other stakeholders early in the applicable permitting 
process, the permit holder may acquire the right-of- 
way by the exercise of the right of eminent domain 
in the district court of the United States for the dis-
trict in which the property concerned is located, or 
in the appropriate court of the State in which the 
property is located. 
‘‘(2) GOOD FAITH EFFORTS TO ENGAGE WITH 
AFFECTED
LANDOWNERS
AND
OTHER
STAKE-
HOLDERS.— 
‘‘(A) 
COMMUNITY
BENEFIT
AGREE-
MENTS.— 
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (B), for purposes of paragraph 
(1), a permit holder may establish that the 
permit holder has made good faith efforts 
to engage with affected landowners and 
other stakeholders early in the applicable 
permitting process by demonstrating to the 
Commission that the permit holder— 
‘‘(I) engaged, during the prefiling 
process, and continues to be engaged 
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in a meaningful process to develop 
and negotiate a community benefit 
agreement with applicable CBA par-
ties 
(as 
defined 
in 
subsection 
(a)(2)(B)) in the community in which 
the affected landowners or other 
stakeholders are located; or 
‘‘(II) entered into a community 
benefit agreement with applicable 
CBA parties (as defined in that sub-
section) in that community. 
‘‘(ii) TECHNICAL ASSISTANCE.— 
‘‘(I) IN
GENERAL.—On the re-
quest of a project sponsor, affected 
local government, or a community en-
gaged in the process of developing and 
negotiating 
a 
community 
benefit 
agreement, the Secretary shall provide 
technical assistance, including, as the 
Secretary determines to be appro-
priate, legal counsel, mediation, and 
guidance, to help the community de-
velop and negotiate a community ben-
efit agreement with the project spon-
sor. 
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‘‘(II) AUTHORIZATION OF APPRO-
PRIATIONS.—There are authorized to 
be appropriated to the Secretary such 
sums as are necessary to carry out 
this clause. 
‘‘(B) APPLICANT CODE OF CONDUCT FOR 
ENGAGEMENT
WITH
AFFECTED
LAND-
OWNERS.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the 
FASTER Act of 2023, the Commission 
shall promulgate a final rule to establish 
an applicant code of conduct for engage-
ment with affected landowners. 
‘‘(ii) EFFECT OF COMPLIANCE.—For 
purposes of paragraph (1), the Commission 
shall consider a permit holder to have 
made good faith efforts to engage with af-
fected landowners if the Commission deter-
mines that the permit holder complied with 
the applicant code of conduct for engage-
ment with affected landowners established 
under clause (i). 
‘‘(iii) EFFECT OF NONCOMPLIANCE.— 
Beginning on the effective date of the final 
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rule promulgated under clause (i), the 
Commission may not make a determination 
that a permit holder has made good faith 
efforts to engage with affected landowners 
if the Commission determines that the per-
mit holder substantially violated the appli-
cant code of conduct for engagement with 
affected landowners established under that 
clause. 
‘‘(C) GOOD FAITH EFFORTS DETERMINA-
TION.— 
‘‘(i) IN
GENERAL.—For purposes of 
paragraph (1), the Commission shall con-
sider a permit holder to have made good 
faith efforts to engage with affected land-
owners and other stakeholders early in the 
applicable permitting process if the Com-
mission determines that the permit hold-
er— 
‘‘(I) engaged, in good faith, in a 
meaningful process described in sub-
paragraph (A)(i)(I); and 
‘‘(II) complied with the applicant 
code of conduct for engagement with 
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