jeopardized by reliance on limited sources of en-
ergy; and 
‘‘(ii) a diversification of supply is war-
ranted; 
‘‘(C) the energy independence or energy se-
curity of the United States would be served by 
the designation; 
‘‘(D) the designation would be in the inter-
est of national energy policy; 
‘‘(E) the designation would enhance na-
tional defense and homeland security; 
‘‘(F) the designation would enhance the 
ability of facilities that generate or transmit 
firm or intermittent energy to connect to the 
electric grid; 
‘‘(G) the designation— 
‘‘(i) maximizes and prioritizes existing 
rights-of-way; and 
‘‘(ii) avoids and minimizes the impact 
to, to the maximum extent practicable, and 
offsets to the extent appropriate and prac-
ticable, sensitive environmental areas and 
cultural heritage sites; 
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‘‘(H) the designation would result in a re-
duction in the cost to purchase electric energy 
for consumers; and 
‘‘(I) the designation reflects comments re-
ceived from affected States, Indian Tribes, and 
local governments under paragraph (2). 
‘‘(5) DESIGNATION BY REQUEST.— 
‘‘(A) IN
GENERAL.—The developer of a 
project to construct or modify an electric trans-
mission facility may submit to the Secretary an 
application to designate 1 or more proposed 
routes associated with the project as a national 
interest electric transmission corridor. 
‘‘(B) REQUIREMENT.—A developer de-
scribed in subparagraph (A) may submit an ap-
plication under that subparagraph only if the 
developer— 
‘‘(i) has begun actively routing the ap-
plicable project; 
‘‘(ii) has begun engaging in outreach 
to— 
‘‘(I) the community in which the 
proposed route is located; and 
‘‘(II) landowners that may be af-
fected by the construction or modifica-
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tion of an electric transmission facility 
on that proposed route; and 
‘‘(iii) has— 
‘‘(I) begun engaging in land sur-
veys; or 
‘‘(II) 
initiated 
environmental 
compliance work associated with the 
project. 
‘‘(C) DESIGNATION.—The Secretary may 
designate a route proposed by a developer in an 
application submitted under subparagraph (A) 
as a national interest electric transmission cor-
ridor if the Secretary determines that— 
‘‘(i) the route is in a geographic area 
described in subparagraph (A) or (B) of 
paragraph (2); and 
‘‘(ii) designation of the route is con-
sistent with the purposes of such a des-
ignation, taking into consideration the fac-
tors described in paragraph (4). 
‘‘(D) RULEMAKING.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the 
FASTER Act of 2023, the Secretary shall 
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promulgate regulations to carry out this 
paragraph. 
‘‘(ii) OTHER
APPLICANTS.—In car-
rying out clause (i), the Secretary— 
‘‘(I) shall consider whether it 
would be appropriate to allow an enti-
ty other than the developer of a trans-
mission project, such as a Tribal au-
thority, a State, a non-transmission- 
owning utility (such as a trans-
mission-dependent utility), a local gov-
ernment, a generation developer, or 
any other appropriate entity, to sub-
mit an application for the designation 
of a particular route as a national in-
terest electric transmission corridor; 
and 
‘‘(II) may promulgate regulations 
to allow 1 or more entities described 
in subclause (I) to submit an applica-
tion for a designation described in 
that subclause, as the Secretary deter-
mines to be appropriate, subject to 
the requirements described in clauses 
(i) and (ii) of subparagraph (C). 
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‘‘(c) PERMIT FOR CONSTRUCTION OR MODIFICATION 
OF NATIONAL INTEREST ELECTRIC TRANSMISSION FA-
CILITIES.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (i), and subject to paragraph (2), the Com-
mission may issue 1 or more permits for the con-
struction or modification of national interest electric 
transmission facilities if the Commission finds 
that— 
‘‘(A) a State in which the transmission fa-
cilities are to be constructed or modified does 
not have authority— 
‘‘(i) to approve the siting of the facili-
ties; or 
‘‘(ii) to 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 trans-
mitting utility under this Act but does not qual-
ify to apply for a permit or siting approval for 
the proposed project in a State because the ap-
plicant does not serve end-use customers in the 
State; or 
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‘‘(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 construc-
tion 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 seek-
ing approval pursuant to applicable law. 
‘‘(2) REQUIREMENT.—The Commission may 
issue a permit under paragraph (1) only— 
‘‘(A) after the Commission— 
‘‘(i) makes a finding described in sub-
paragraph (A), (B), or (C) of paragraph 
(1); 
‘‘(ii) makes all applicable findings and 
determinations necessary to establish that 
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