I 
118TH CONGRESS 
1ST SESSION H. R. 6747 
To speed up the deployment of electricity transmission and clean energy, 
with proper input from affected communities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 13, 2023 
Mr. CASTEN (for himself, Mr. LEVIN, Mr. GRIJALVA, Ms. CASTOR of Florida, 
Ms. LEE of Nevada, Mr. QUIGLEY, Mr. TONKO, Ms. MATSUI, Mr. 
BEYER, Mr. CARTWRIGHT, Ms. PINGREE, Ms. PORTER, Mr. CONNOLLY, 
Ms. JAYAPAL, Ms. KUSTER, Ms. BARRAGA´N, Mr. BLUMENAUER, Ms. 
BONAMICI, Ms. BROWNLEY, Ms. BUDZINSKI, Mr. CARBAJAL, Mr. CAR-
TER of Louisiana, Mr. CLEAVER, Mr. COHEN, Ms. CROCKETT, Mr. 
CROW, Mr. DESAULNIER, Mrs. DINGELL, Ms. ESCOBAR, Ms. ESHOO, Mr. 
FOSTER, Mrs. FOUSHEE, Mr. GOLDMAN of New York, Mr. GOMEZ, Mr. 
HUFFMAN, Mr. JACKSON of Illinois, Ms. JACOBS, Ms. KAMLAGER-DOVE, 
Mr. KHANNA, Mr. KIM of New Jersey, Mr. KRISHNAMOORTHI, Mr. LAR-
SEN of Washington, Mr. LIEU, Ms. LOFGREN, Ms. MCCLELLAN, Mr. 
MCGARVEY, Mr. MCGOVERN, Mr. MULLIN, Mr. NADLER, Mr. NEGUSE, 
Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. PETTERSEN, Mr. RASKIN, Ms. 
ROSS, Ms. SALINAS, Ms. SA´NCHEZ, Mr. SARBANES, Ms. SCANLON, Ms. 
SCHAKOWSKY, Mr. SCHNEIDER, Mr. SCOTT of Virginia, Mr. SMITH of 
Washington, Mr. SORENSEN, Ms. SPANBERGER, Ms. STANSBURY, Ms. 
STEVENS, Mr. TAKANO, Ms. TOKUDA, Mrs. TRAHAN, Mr. TRONE, Mr. 
VARGAS, Ms. WEXTON, Ms. WILD, and Ms. WILLIAMS of Georgia) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce, and in addition to the Committees on Ways and Means, 
Natural Resources, Agriculture, the Judiciary, Transportation and Infra-
structure, Financial Services, Oversight and Accountability, and the 
Budget, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To speed up the deployment of electricity transmission and 
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clean energy, with proper input from affected commu-
nities, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Clean Electricity and Transmission Acceleration 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—IMPROVEMENT OF NATIONAL ELECTRICITY 
TRANSMISSION CAPACITY 
Sec. 101. Definitions. 
Sec. 102. Improvement of interregional electric transmission planning. 
Sec. 103. Allocation of costs of interregional electric transmission facilities. 
Sec. 104. Allocation of costs of electricity interconnection and network up-
grades. 
Sec. 105. Deployment of grid enhancing assets. 
Sec. 106. Protection of electricity reliability through improved interregional 
transfer capability. 
Sec. 107. Increased FERC transmission siting authority. 
Sec. 108. Facilitation of efficient environmental review of the designation of na-
tional interest electric transmission corridors. 
Sec. 109. Increased flexibility for Federal transmission financing. 
Sec. 110. Establishment of transmission investment tax credit. 
TITLE II—IMPROVEMENT OF GOVERNANCE AND EFFICIENCY OF 
THE GRID 
Sec. 201. Authorization to establish FERC Office of Electricity Transmission. 
Sec. 202. Support for FERC Staffing. 
Sec. 203. Evaluation of FERC fee assessments. 
Sec. 204. Establishment of independent transmission monitors. 
Sec. 205. Assurance of interoperability of offshore electric transmission infra-
structure. 
Sec. 206. Aggregator bidding into organized wholesale electric markets. 
Sec. 207. Expansion of community solar. 
Sec. 208. Establishment of program to facilitate voluntary streamlined process 
for local permitting of qualifying distributed energy systems. 
Sec. 209. Mitigation of the shortage of electricity transformers. 
Sec. 210. Study of next generation highways. 
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TITLE III—MODERNIZATION OF ELECTRICITY RATEMAKING 
Sec. 301. Reflection of the cost of greenhouse gas emissions in rates. 
Sec. 302. Facilitation of performance-based ratemaking. 
TITLE IV—FACILITATION OF CLEAN ENERGY DEPLOYMENT ON 
PUBLIC LAND 
Sec. 401. Definitions. 
Sec. 402. Establishment of national goal for renewable energy production on 
Federal land. 
Sec. 403. Requirement for land use planning and updates to programmatic en-
vironmental impact statements. 
Sec. 404. Limited exemptions from new requirements. 
Sec. 405. Distribution of revenues. 
Sec. 406. Incentives for renewable energy development in priority areas. 
Sec. 407. Savings clause. 
TITLE V—MODERNIZATION OF OFFSHORE RENEWABLE ENERGY 
PERMITTING 
Sec. 501. Establishment of national offshore wind permitting target. 
Sec. 502. Increased responsible development of offshore renewable energy 
projects. 
Sec. 503. Establishment of Offshore Renewable Energy Compensation Fund. 
TITLE VI—EMPOWERMENT OF COMMUNITIES 
Sec. 601. Establishment of Office of Environmental Justice and External Civil 
Rights. 
Sec. 602. Establishment of White House Environmental Justice Interagency 
Council. 
Sec. 603. Prohibition on disparate impact discrimination. 
Sec. 604. Provision for right of action. 
Sec. 605. Provision for rights of recovery. 
Sec. 606. Requirement for community impact reports. 
Sec. 607. Engagement with environmental justice communities and Indian 
Tribes in NEPA Reviews. 
Sec. 608. Requirement of notices of intent to prepare environmental documents. 
Sec. 609. Avoidance of cumulative impacts through NEPA. 
Sec. 610. Inclusion of greenhouse gas projections in NEPA reviews. 
Sec. 611. Establishment of community benefits agreements. 
Sec. 612. Requirement of timely public release of NEPA documentation. 
Sec. 613. Establishment of grants for capacity building and community engage-
ment. 
Sec. 614. Establishment of fees for environmental reviews and authorizations 
for projects. 
Sec. 615. Establishment of interagency environmental data system. 
Sec. 616. Transference of unobligated balances for use under the Endangered 
Species Act. 
Sec. 617. Designation of senior community engagement officers and Tribal 
community engagement officers. 
Sec. 618. Establishment of FERC Environmental Justice Liaison. 
Sec. 619. Requirement for intervenor funding at FERC Office of Public Par-
ticipation. 
Sec. 620. Reform of RTO and ISO governance and participation. 
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Sec. 621. Savings clause. 
Sec. 622. Definitions. 
TITLE I—IMPROVEMENT OF NA-
TIONAL ELECTRICITY TRANS-
MISSION CAPACITY 
SEC. 101. DEFINITIONS. 
Section 3 of the Federal Power Act (16 U.S.C. 796) 
is amended by adding at the end the following: 
‘‘(30) ENERGY STORAGE PROJECT.—The term 
‘energy storage project’ means equipment that re-
ceives, stores, and delivers energy using batteries, 
compressed air, pumped hydropower, hydrogen stor-
age (including hydrolysis), thermal energy storage, 
regenerative fuel cells, flywheels, capacitors, super-
conducting magnets, or other technologies identified 
by the Secretary of Energy. 
‘‘(31) GENERATING FACILITY.—The term ‘gen-
erating facility’ means any facility that generates 
electricity. 
‘‘(32) GENERATOR TIE LINE.—The term ‘gen-
erator tie line’ means a dedicated transmission line 
that is used to transmit power from a generating fa-
cility or an energy storage project to a transmission 
facility or a transmission system. 
‘‘(33) GREENHOUSE
GAS.—The term ‘green-
house gas’ includes each of the following: 
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‘‘(A) Carbon dioxide. 
‘‘(B) Methane. 
‘‘(C) Nitrous oxide. 
‘‘(D) Sulfur hexafluoride. 
‘‘(E) Any hydrofluorocarbon. 
‘‘(F) Any perfluorocarbon. 
‘‘(G) Nitrogen trifluoride. 
‘‘(H) 
Any 
fully 
fluorinated 
linear, 
branched, or cyclic— 
‘‘(i) alkane; 
‘‘(ii) ether; 
‘‘(iii) tertiary amine; or 
‘‘(iv) aminoether. 
‘‘(I) Any perfluoropolyether. 
‘‘(J) Any hydrofluoropolyether. 
‘‘(K) Any other fluorocarbon, except for a 
fluorocarbon with a vapor pressure of less than 
1 mm of Hg absolute at 25 degrees Celsius. 
‘‘(34) GRID
ENHANCING
ASSET.—The term 
‘grid enhancing asset’— 
‘‘(A) means a resource, technology, or pro-
cedure that, when utilized— 
‘‘(i) increases the capacity, efficiency, 
or reliable operation of a transmission sys-
tem; or 
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‘‘(ii) defers or eliminates the need for 
a new transmission facility; 
‘‘(B) may include— 
‘‘(i) distributed electricity generation 
resources; 
‘‘(ii) power flow control and trans-
mission switching equipment; 
‘‘(iii) an energy storage project; 
‘‘(iv) 
topology 
optimization 
tech-
nology; 
‘‘(v) dynamic line rating technology; 
‘‘(vi) advanced transmission tech-
nologies, such as composite reinforced alu-
minum conductors or high temperature 
superconductors; 
‘‘(vii) technologies or procedures that 
increase the flexibility of the demand for 
electricity; 
‘‘(viii) other resources, technologies, 
or procedures that increase energy effi-
ciency, capacity, or reliability; and 
‘‘(ix) a combination of the resources, 
technologies, or procedures described in 
clauses (i) through (viii); and 
‘‘(C) does not include a facility for— 
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‘‘(i) the transmission of electricity; or 
‘‘(ii) the generation of electricity. 
‘‘(35) 
INTERCONNECTION
CUSTOMER.—The 
term ‘interconnection customer’ means an entity, or 
any affiliates or subsidiaries of an entity, that pro-
poses to interconnect a generating facility or an en-
ergy storage project to a transmission facility or 
transmission system. 
‘‘(36) TRANSMISSION
BENEFITS.—The term 
‘transmission benefits’ means the broad range of 
economic, operational, safety, resilience, public pol-
icy, and environmental benefits (as assessed by the 
Commission in accordance with section 224(e)) and 
other reasonably anticipated benefits of constructing, 
modifying, or operating a transmission facility, in-
cluding— 
‘‘(A) improved reliability; 
‘‘(B) improved resilience; 
‘‘(C) improved safety; 
‘‘(D) reduced congestion; 
‘‘(E) reduced power losses; 
‘‘(F) greater carrying capacity; 
‘‘(G) reduced operating reserve require-
ments; 
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‘‘(H) improved access to lower-cost elec-
tricity generation; 
‘‘(I) improved access to electricity gener-
ating facilities with no direct emissions of 
greenhouse gases; 
‘‘(J) improved public health from the clo-
sure of electricity generation facilities that emit 
harmful pollution; 
‘‘(K) increased competition and market li-
quidity in electricity markets; 
‘‘(L) improved energy resilience and resil-
ience of Department of Defense installations; 
and 
‘‘(M) other potential benefits of increasing 
the interconnectedness of the electric grid. 
‘‘(37) NETWORK
UPGRADE.—The term ‘net-
work upgrade’ means— 
‘‘(A) any addition to or expansion of any 
transmission facility or transmission system; 
‘‘(B) the construction of a new trans-
mission facility that will become part of a trans-
mission system; 
‘‘(C) the addition of an energy storage 
project to a transmission facility or a trans-
mission system; or 
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‘‘(D) any construction, deployment, or ad-
dition of a grid enhancing asset to a trans-
mission facility or a transmission system that 
eliminates or reduces the need to carry out any 
of the activities described in subparagraphs (A) 
through (C). 
‘‘(38) PARTICIPANT FUNDING.—The term ‘par-
ticipant funding’ means any cost allocation method 
under which an interconnection customer is required 
to pay, without reimbursement, all or a dispropor-
tionate amount of the costs of a network upgrade 
that is determined by the Commission to be nec-
essary to ensure the reliable interconnection of the 
interconnection customer’s generating facility or en-
ergy storage project. 
‘‘(39) TRANSMISSION PLANNING REGION.—The 
term ‘transmission planning region’ means a region 
for which electric transmission planning is appro-
priate, as determined by the Commission, including 
a region approved by the Commission to meet the 
requirements of the final rule titled ‘Transmission 
Planning and Cost Allocation by Transmission Own-
ing and Operating Public Utilities’ published in the 
Federal Register on October 4, 2012 (77 Fed. Reg. 
60689). 
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‘‘(40) TRANSMISSION
SYSTEM.—For purposes 
of sections 224, 226, 227, and 229, the term ‘trans-
mission system’ means a network of transmission fa-
cilities used for the transmission of electric energy in 
interstate commerce.’’. 
SEC. 102. IMPROVEMENT OF INTERREGIONAL ELECTRIC 
TRANSMISSION PLANNING. 
Part II of the Federal Power Act (16 U.S.C. 824 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 224. IMPROVING INTERREGIONAL ELECTRIC TRANS-
MISSION PLANNING. 
‘‘(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this section, the Commission 
shall issue regulations requiring each Transmission Orga-
nization to, not later than 3 years after the date of enact-
ment of this section and at least every 3 years thereafter, 
file with the Commission a plan that identifies, and to fa-
cilitate the construction of, interregional electric trans-
mission projects that are efficient, cost-effective, and 
broadly beneficial. 
‘‘(b) CONSIDERATIONS.—In determining the require-
ments for a plan described in subsection (a), the Commis-
sion shall take into consideration— 
‘‘(1) the need for the transmission systems to 
operate for a minimum of 20 years and across a 
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wide range of scenarios, including scenarios that 
take into account— 
‘‘(A) Federal, State, and local laws and 
regulations, and other factors that affect elec-
tricity demand and the current and future gen-
eration resource mix; 
‘‘(B) trends in technology and fuel costs; 
‘‘(C) the retirement of generation facilities, 
energy storage projects, and transmission facili-
ties; 
‘‘(D) generator interconnection requests 
and withdrawals; and 
‘‘(E) extreme weather events; 
‘‘(2) the public interest; 
‘‘(3) the integrity of electricity markets; 
‘‘(4) the protection of consumers; 
‘‘(5) the need to optimize transmission benefits; 
‘‘(6) the need for an individual interregional 
transmission project to secure approvals based on a 
comprehensive assessment of the multiple benefits 
provided; 
‘‘(7) the importance of synchronization of plan-
ning processes in neighboring regions, such as using 
a joint model on a consistent timeline with a single 
set of needs, input assumptions, and benefit metrics; 
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‘‘(8) the need for an individual interregional 
transmission project that is identified under a 
Transmission Organization’s plan filed under this 
section not to be subject to any subsequent planning 
process by another Transmission Organization; 
‘‘(9) that evaluation of long-term scenarios 
should align with the expected life of an element of 
a transmission system; 
‘‘(10) that a Transmission Organization should 
allow for the identification and joint evaluation of al-
ternatives proposed by stakeholders; 
‘‘(11) the need to eliminate arbitrary project 
voltage, size, or cost requirements for transmission 
projects; 
‘‘(12) the applicability of grid enhancing assets; 
and 
‘‘(13) data and analyses provided by the Sec-
retary of Energy, including as provided by the Na-
tional Laboratories, regarding any of the items de-
scribed in paragraphs (1) through (12). 
‘‘(c) COMMISSION
APPROVAL.—The Commission 
shall approve or deny a plan filed under this section based 
on whether it meets the requirements under the regula-
tions issued under subsection (a). 
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‘‘(d) REPORT.—Not later than 12 months after the 
issuance of regulations under subsection (a) and annually 
thereafter, the Commission shall publish in the Federal 
Register a report on the progress by each Transmission 
Organization in identifying and facilitating the construc-
tion of interregional electric transmission projects, includ-
ing a description of the transmission benefits associated 
with such projects. 
‘‘(e) ENVIRONMENTAL BENEFITS.—In assessing the 
reduction in greenhouse gas emissions and other environ-
mental benefits associated with any activity undertaken 
pursuant to this Act, the Commission may use any rel-
evant analysis or other information conducted or provided 
by the Council on Environmental Quality and the Environ-
mental Protection Agency.’’. 
SEC. 103. ALLOCATION OF COSTS OF INTERREGIONAL 
ELECTRIC TRANSMISSION FACILITIES. 
Part II of the Federal Power Act (16 U.S.C. 824 et 
seq.) is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 225. ALLOCATION OF COSTS OF TRANSMISSION FA-
CILITIES OF NATIONAL SIGNIFICANCE. 
‘‘(a) ALLOCATION OF COSTS.— 
‘‘(1) IN
GENERAL.—Any transmitting utility 
that owns, controls, or operates a transmission facil-
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ity of national significance, or proposes to own, con-
trol, or operate a transmission facility of national 
significance, may file a tariff with the Commission 
in accordance with section 205 allocating the costs 
of constructing, modifying, and operating such 
transmission facility of national significance in ac-
cordance with paragraph (2). 
‘‘(2) COST ALLOCATION PRINCIPLE.—The Com-
mission shall require that any tariff described in 
paragraph (1) allocate the cost to construct, modify, 
and operate a transmission facility of national sig-
nificance to customers within the applicable trans-
mission planning region or regions in a manner that 
is roughly commensurate with the reasonably antici-
pated transmission benefits. 
‘‘(b) DEFINITION OF TRANSMISSION FACILITY OF 
NATIONAL SIGNIFICANCE.—In this section, the term 
‘transmission facility of national significance’ means— 
‘‘(1) an interstate electric power transmission 
line (and any facilities necessary for the operation of 
such electric power transmission line)— 
‘‘(A) that has a transmission capacity of 
not less than 1,000 megawatts; and 
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‘‘(B) the construction of which is com-
pleted on or after the date of enactment of this 
section; 
‘‘(2) an electric power transmission line (and 
any facilities necessary for the operation of such 
electric power transmission line) that is located off-
shore, the construction of which is completed on or 
after the date of enactment of this section; or 
‘‘(3) an expansion of, or upgrade to, an inter-
state electric power transmission line (and any facili-
ties necessary for the operation of such electric 
power transmission line) that— 
‘‘(A) increases the transmission capacity of 
such electric power transmission line by at least 
500 megawatts; and 
‘‘(B) the construction of which is com-
pleted on or after the date of enactment of this 
section. 
‘‘(c) SAVINGS PROVISION.—This section does not af-
fect the authority of the Commission to approve the alloca-
tion of costs of transmission facilities other than trans-
mission facilities of national significance.’’. 
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SEC. 104. ALLOCATION OF COSTS OF ELECTRICITY INTER-
CONNECTION AND NETWORK UPGRADES. 
Part II of the Federal Power Act (16 U.S.C. 824 et 
seq.) is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 226. ALLOCATION OF COSTS OF ELECTRICITY INTER-
CONNECTION AND NETWORK UPGRADES. 
‘‘(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this section, the Commission 
shall issue regulations, under section 206, that prohibit 
the use of exclusive or disproportionate participant fund-
ing in allocating the costs of a network upgrade. 
‘‘(b) REQUIREMENTS.—In prohibiting the use of ex-
clusive or disproportionate participant funding under the 
regulations issued under subsection (a), the Commission 
shall, except as provided in subsection (c), require that 
each transmitting utility— 
‘‘(1) shall not allocate the costs of a network 
upgrade solely or disproportionately to the request-
ing interconnection customer; and 
‘‘(2) shall allocate the costs of a network up-
grade in a manner that is roughly commensurate 
with reasonably anticipated transmission benefits. 
‘‘(c) EXCEPTIONS.— 
‘‘(1) GENERATOR TIE LINES.—A transmitting 
utility may require an interconnection customer to 
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pay for the costs to construct or modify any gener-
ator tie lines that will be used to transmit power 
from the interconnection customer’s generating facil-
ity or energy storage project, as applicable, to the 
transmission facility or the transmission system. 
‘‘(2) VOLUNTARY PAYMENT.— 
‘‘(A) IN
GENERAL.—An interconnection 
customer may pay upfront some or all of the 
costs of a network upgrade at the transmission 
facility or transmission system to which the 
interconnection customer plans to interconnect 
its generating facility or energy storage facility 
in accordance with subparagraph (B). 
‘‘(B) REFUND.— 
‘‘(i) IN GENERAL.—Any interconnec-
tion customer that pays costs under sub-
paragraph (A) shall be refunded, in ac-
cordance with clause (ii), the amount of 
such costs that would otherwise be allo-
cated to other parties pursuant to the 
Commission’s regulations issued under this 
section. 
‘‘(ii) PERIOD
OF
REFUND.—The re-
fund of costs under clause (i) shall be com-
plete not later than the date that is 10 
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years after the date on which the network 
upgrade is complete. 
‘‘(3) SOLE BENEFICIARY.—A transmitting util-
ity may require an interconnection customer to ex-
clusively pay for the costs of a network upgrade if 
the transmission benefits of the network upgrade 
will only be received by the interconnection cus-
tomer. 
‘‘(d) EFFECTIVE
DATE
OF
REGULATIONS.—The 
Commission shall require transmitting utilities to comply 
with the regulations issued under subsection (a) not later 
than 180 days after such regulations have been finalized.’’. 
SEC. 105. DEPLOYMENT OF GRID ENHANCING ASSETS. 
Part II of the Federal Power Act (16 U.S.C. 824 et 
seq.) is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 227. GRID ENHANCING ASSETS. 
‘‘(a) DEPLOYMENT OF GRID ENHANCING ASSETS.— 
Not later than 18 months after the date of enactment of 
the Clean Electricity and Transmission Acceleration Act 
of 2023, the Commission shall issue regulations to require 
the following: 
‘‘(1) CONSULTATION; STUDY.—With respect to 
processing a request from an interconnection cus-
tomer to interconnect a generating facility or an en-
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ergy storage project to a transmission facility or 
transmission system, the transmitting utility, as ap-
plicable, shall— 
‘‘(A) consult with the relevant owner or op-
erator of the transmission facility or trans-
mission system, and the interconnection cus-
tomer, regarding deploying grid enhancing as-
sets at the transmission facility or transmission 
system in addition to, or as a substitute to, car-
rying out a transmission expansion or addition 
at the transmission facility or transmission sys-
tem, including to maximize utilization of exist-
ing transmission facilities, environmental justice 
and resilience benefits for communities, and 
protection of wildlife; and 
‘‘(B) study the efficacy of deploying grid 
enhancing assets to maximize the utilization of 
existing transmission facilities, environmental 
justice and resilience benefits for communities, 
and the protection of wildlife. 
‘‘(2) DEPLOYMENT.— 
‘‘(A) IN
GENERAL.—An interconnection 
customer that is consulted with under para-
graph (1) may request that the grid enhancing 
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asset that was the subject of such consultation 
be deployed. 
‘‘(B) DETERMINATION.—The transmitting 
utility of the transmission facility or trans-
mission system to which such grid enhancing 
asset would be deployed shall determine wheth-
er to deploy such grid enhancing asset. If the 
transmitting utility of the transmission facility 
or transmission system determines not to de-
ploy such grid enhancing asset, the interconnec-
tion customer may appeal the determination 
under subparagraph (C). 
‘‘(C) APPEAL.— 
‘‘(i) IN
GENERAL.—An interconnec-
tion customer that requests deployment of 
a grid enhancing asset under subparagraph 
(A) may submit to the Commission a re-
quest to appeal a determination under sub-
paragraph (B) to not deploy the grid en-
hancing asset. 
‘‘(ii) 
DETERMINATION.—Not 
later 
than 90 days after an interconnection cus-
tomer submits a request under clause (i), 
the Commission shall determine whether to 
require the transmitting utility to deploy 
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the grid enhancing asset that is the subject 
of the appeal. 
‘‘(iii) CONSIDERATION.—In making a 
determination under clause (ii), the Com-
mission shall consider— 
‘‘(I) the impact of the deploy-
ment of grid enhancing assets on the 
operational reliability of the trans-
mission facility or transmission sys-
tem; 
‘‘(II) whether the grid enhancing 
asset is cost-competitive and capacity 
competitive with a transmission ex-
pansion or addition at the trans-
mission facility or transmission sys-
tem; and 
‘‘(III) other factors determined 
appropriate by the Commission. 
‘‘(b) EFFECTIVE
DATE
OF
REGULATIONS.—The 
Commission shall require transmitting utilities to comply 
with the regulations issued under subsection (a) not later 
than 180 days after such regulations have been finalized. 
‘‘(c) JUST AND REASONABLE COST ALLOCATION.— 
In carrying out sections 205 and 206, the Commission 
shall allow costs associated with deploying grid enhancing 
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assets to be allocated to customers that receive trans-
mission benefits from such grid enhancing assets.’’. 
SEC. 106. PROTECTION OF ELECTRICITY RELIABILITY 
THROUGH 
IMPROVED 
INTERREGIONAL 
TRANSFER CAPABILITY. 
Part II of the Federal Power Act (16 U.S.C. 824 et 
seq.) is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 228. PROTECTING ELECTRICITY RELIABILITY BY IM-
PROVING INTERREGIONAL TRANSFER CAPA-
BILITY. 
‘‘(a) RULEMAKING.—Notwithstanding the require-
ments of section 322 of the Fiscal Responsibility Act 
(Public Law 118–5), not later than 24 months after the 
date of enactment of the Clean Electricity and Trans-
mission Acceleration Act of 2023, the Commission shall, 
pursuant to section 206, issue regulations that establish 
requirements for minimum transfer capability, as de-
scribed under subsection (b), between transmission plan-
ning regions. 
‘‘(b) MINIMUM TRANSFER CAPABILITY.—The aggre-
gate minimum interregional transfer capability for each 
transmission planning region and its neighboring trans-
mission planning region shall be not less than 30 percent 
of its own peak electricity demand, or in the case of a 
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transmission planning region that borders only 1 other 
transmission planning region, not less than 15 percent of 
its own peak electricity demand, unless the Commission 
finds, upon a showing by a transmission planning region, 
that a lower transfer capability can achieve the same or 
greater transmission benefits.’’. 
SEC. 107. INCREASED FERC TRANSMISSION SITING AU-
THORITY. 
(a) IN GENERAL.—Part II of the Federal Power Act 
(16 U.S.C. 824 et seq.) is further amended by adding at 
the end the following: 
‘‘SEC. 229. SITING OF CERTAIN INTERSTATE ELECTRIC 
TRANSMISSION FACILITIES. 
‘‘(a) CERTIFICATE OF PUBLIC CONVENIENCE AND 
NECESSITY.— 
‘‘(1) IN GENERAL.—On receipt of an applica-
tion under subsection (b)(1) relating to an electric 
transmission facility described in paragraph (2), the 
Commission, after making the finding described in 
paragraph (3) with respect to such electric trans-
mission facility, shall, by order which is published in 
the Federal Register, issue to the person who sub-
mitted such application a certificate of public con-
venience and necessity for the construction, modi-
fication, or operation of such electric transmission 
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facility, subject to such reasonable terms and condi-
tions as the Commission determines to be appro-
priate. 
‘‘(2) ELECTRIC
TRANSMISSION
FACILITY
DE-
SCRIBED.—An electric transmission facility referred 
to in paragraph (1) is an electric transmission facil-
ity that— 
‘‘(A) traverses or, on construction or modi-
fication in accordance with a certificate of pub-
lic convenience and necessity issued under that 
paragraph, will traverse not fewer than 2 
States; 
‘‘(B) is used for the transmission of elec-
tric energy in interstate commerce; and 
‘‘(C) has a power capacity of not less than 
1,000 megawatts. 
‘‘(3) FINDING
DESCRIBED.—The finding re-
ferred to in paragraph (1) is a finding that— 
‘‘(A) the applicant for a certificate of pub-
lic convenience and necessity is able and will-
ing— 
‘‘(i) to carry out the activities and 
perform the services proposed in the appli-
cation in a manner determined to be ap-
propriate by the Commission; and 
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‘‘(ii) to achieve compliance with the 
applicable requirements of— 
‘‘(I) this part; and 
‘‘(II) any rules and regulations 
promulgated by the Commission pur-
suant to this part; 
‘‘(B) the electric transmission facility to be 
constructed, modified, or operated under the 
certificate of public convenience and necessity 
will— 
‘‘(i) traverse not fewer than 2 States; 
‘‘(ii) be used for the transmission of 
electric energy in interstate commerce; and 
‘‘(iii) have a power capacity of not less 
than 1,000 megawatts; and 
‘‘(C) construction, modification, or oper-
ation of the electric transmission facility, as 
proposed in the application— 
‘‘(i) will— 
‘‘(I) enable the use of renewable 
energy; 
‘‘(II) reduce congestion of the ap-
plicable transmission system or trans-
mission systems; 
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‘‘(III) improve the operational re-
liability of the applicable transmission 
system or transmission systems; or 
‘‘(IV) provide system resilience 
between regions of the applicable 
transmission system or transmission 
systems; 
‘‘(ii) will maximize, to the extent rea-
sonable and economical, the use of— 
‘‘(I) existing facility sites; and 
‘‘(II) the transmission capabili-
ties of existing electric transmission 
facilities; and 
‘‘(iii) will, to the extent practicable, 
minimize the use of eminent domain. 
‘‘(4) RULEMAKING.—Not later than 18 months 
after the date of enactment of this section, the Com-
mission shall issue regulations specifying— 
‘‘(A) a pre-filing process during which a 
person described in subsection (b)(1) and the 
Commission shall consult with— 
‘‘(i) the State commission for each 
State through which the applicable electric 
transmission facility will traverse; 
‘‘(ii) appropriate Federal agencies; 
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‘‘(iii) each Indian Tribe that may be 
affected by the proposed project to con-
struct, modify, or operate an electric trans-
mission facility; and 
‘‘(iv) the appropriate Transmission 
Organization; 
‘‘(B) the form of, and information to be 
contained in, an application submitted under 
subsection (b)(1); 
‘‘(C) requirements for determining whether 
the applicable electric transmission facility 
will— 
‘‘(i) traverse not fewer than 2 States; 
‘‘(ii) be used for the transmission of 
electric energy in interstate commerce; and 
‘‘(iii) have a power capacity of not less 
than 1,000 megawatts; 
‘‘(D) criteria for determining the reason-
able and economical use of— 
‘‘(i) existing rights-of-way; and 
‘‘(ii) the transmission capabilities of 
existing towers or structures; 
‘‘(E) the manner in which an application 
submitted under subsection (b)(1) shall be con-
sidered, which, to the extent practicable, shall 
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be consistent with State statutory and regu-
latory policies concerning generation and retail 
sales of electricity in the States in which the 
electric energy transmitted by the electric trans-
mission facility will be generated or sold; and 
‘‘(F) the manner in which the Commission 
will consider the needs of communities that will 
be impacted directly by the applicable electric 
transmission facility, including how any impacts 
of the electric transmission facility could be 
mitigated or offset. 
‘‘(5) PUBLICATION, PUBLIC
COMMENT, AND 
HEARINGS FOR CERTAIN NOTICE OF INTENT AND 
DRAFT ENVIRONMENTAL IMPACT STATEMENTS.— 
‘‘(A) 
PUBLICATION.—The 
Commission 
shall publish in the Federal Register a notice of 
intent to prepare an environmental impact 
statement and a draft environmental impact 
statement with respect to an application for a 
certificate of public convenience and necessity 
that has been submitted under subsection 
(b)(1). 
‘‘(B) PUBLIC COMMENT.—The Commission 
shall provide not less than 60 days for public 
comment on each notice of intent and draft en-
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vironmental impact statement published under 
subparagraph (A). 
‘‘(C) HEARING.—The Commission shall 
provide to the individuals and entities described 
in paragraph (6)(B) a reasonable opportunity 
for presentation, in at least one public hearing, 
of any views and recommendations on each no-
tice of intent and each draft environmental im-
pact statement published under subparagraph 
(A). The Commission shall publish in the Fed-
eral Register notice of any hearing held under 
this subparagraph. 
‘‘(6) NOTICE AND OPPORTUNITY FOR A HEAR-
ING ON APPLICATIONS.— 
‘‘(A) IN GENERAL.—In any proceeding be-
fore the Commission to consider an application 
for a certificate of public convenience and ne-
cessity under this section, the Commission 
shall— 
‘‘(i) publish a notice of the application 
in the Federal Register; 
‘‘(ii) provide written notice of such ap-
plication to all affected landowners in ac-
cordance with subsection (c); and 
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‘‘(iii) provide to the individuals and 
entities described in subparagraph (B) a 
notice and reasonable opportunity for the 
presentation in at least one public hearing 
of any views and recommendations with re-
spect to the need for, and impact of, the 
construction, modification, or operation of 
the electric transmission facility proposed 
to be constructed, modified, or operated 
under the certificate. 
‘‘(B) INDIVIDUALS
AND
ENTITIES
DE-
SCRIBED.—The individuals and entities referred 
to in subparagraph (A) are— 
‘‘(i) an agency, selected by the Gov-
ernor (or equivalent official) of the applica-
ble State, of each State in which the elec-
tric transmission facility proposed to be 
constructed, modified, or operated under 
the applicable certificate of public conven-
ience and necessity is or will be located; 
‘‘(ii) each affected landowner; and 
‘‘(iii) as determined by the Commis-
sion— 
‘‘(I) each affected Federal agen-
cy; and 
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‘‘(2) REQUIREMENT.—An application submitted 
to the Commission under paragraph (1) shall include 
all information necessary for the Commission to 
make the finding described in subsection (a)(3). 
‘‘(c) NOTICE TO AFFECTED LANDOWNERS.— 
‘‘(1) IN GENERAL.—The Commission shall pro-
vide written notice of an application submitted under 
subsection (b)(1) to all affected landowners with re-
spect to the electric transmission facility for which 
such application was submitted in accordance with 
this subsection. 
‘‘(2) REQUIREMENTS.—Any notice provided to 
an affected landowner under paragraph (1) shall in-
clude the following: 
‘‘(A) The following statement in 14-point 
bold typeface: 
‘‘ ‘The [name of applicant] has proposed build-
ing power lines that will cross your property, 
and may also require building transmission tow-
ers on your property. If the Federal Energy 
Regulatory Commission approves [applicant]’s 
proposed project, then [applicant] may have the 
right to build transmission towers on, and 
power lines over, your property, or use your 
property to construct the proposed project, sub-
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ject to paying you just compensation for the 
loss of your property. 
‘‘ ‘If you want to raise objections to, offer sup-
port for, or otherwise comment on this, or oth-
erwise comment on this project, you can do so 
by submitting written comments to the Federal 
Energy Regulatory Commission Docket No. 
[lll]. You can do this electronically or by 
mail. To do so electronically [to be inserted by 
the Commission]. To do so by mail [to be in-
serted by the Commission].’. 
‘‘(B) A description of the proposed project 
to construct, modify, or operate an electric 
transmission facility, including— 
‘‘(i) the location of the proposed 
project (including a general location map); 
‘‘(ii) the purpose of the proposed 
project; and 
‘‘(iii) the timing of the proposed 
project. 
‘‘(C) The name of, and the location in the 
docket of the Commission at which may be 
found, each submission by the applicant to the 
Commission relating to the proposed project. 
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‘‘(D) A general description of what the ap-
plicant will need from the landowner if the pro-
posed project is approved, including the activi-
ties the applicant may undertake and the facili-
ties that the applicant may seek to construct on 
the property of the landowner. 
‘‘(E) A description of how the landowner 
may contact the applicant, including— 
‘‘(i) a website; 
‘‘(ii) an email address; 
‘‘(iii) a local or toll-free telephone 
number; and 
‘‘(iv) the name of a specific person to 
contact who is knowledgeable about the 
proposed project. 
‘‘(F) A description of how the landowner 
may contact the Commission, including— 
‘‘(i) a website; 
‘‘(ii) an email address; 
‘‘(iii) a local or toll-free telephone 
number; and 
‘‘(iv) the name of a specific person to 
contact who is knowledgeable about the 
proposed project. 
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‘‘(G) A summary of the rights that the 
landowner has— 
‘‘(i) before the Commission; and 
‘‘(ii) in other proceedings under— 
‘‘(I) the Federal Rules of Civil 
Procedure; and 
‘‘(II) the eminent domain rules of 
the relevant State. 
‘‘(H) Any other information that the Com-
mission determines to be appropriate. 
‘‘(3) OBLIGATION
OF
APPLICANT.—An appli-
cant for a certificate of public convenience and ne-
cessity under this section shall submit to the Com-
mission, together with the application for the certifi-
cate, the name and address of each affected land-
owner. 
‘‘(d) REGULATORY JURISDICTION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) and notwithstanding section 216(i), no 
State shall regulate any aspect of the siting or per-
mitting of an electric transmission facility con-
structed, modified, or operated under a certificate of 
public convenience and necessity issued under this 
section. 
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‘‘(2) SAVINGS CLAUSE.—Nothing in this section 
affects the rights of States under— 
‘‘(A) the Coastal Zone Management Act of 
1972 (16 U.S.C. 1451 et seq.); 
‘‘(B) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); 
‘‘(C) the Clean Air Act (42 U.S.C. 7401 et 
seq.); or 
‘‘(D) division A of subtitle III of title 54, 
United States Code (formerly known as the 
‘National Historic Preservation Act’). 
‘‘(3) TRIBAL CONSENT FOR CERTAIN RIGHTS- 
OF-WAY.—No right-of-way over or across Tribal land 
may be granted pursuant to this section unless con-
sent for the right-of-way has been obtained from the 
proper Tribal official in a manner consistent with 
the requirements of section 2 of the Act of February 
5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324). 
‘‘(e) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Any person aggrieved by 
an order of the Commission issued under this sec-
tion may obtain review of the order in— 
‘‘(A) the court of appeals of the United 
States for any judicial circuit in which the elec-
tric transmission facility to be constructed, 
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modified, or operated under the applicable cer-
tificate of public convenience and necessity is or 
will be located; or 
‘‘(B) the United States Court of Appeals 
for the District of Columbia Circuit. 
‘‘(2) PETITION FOR REVIEW.— 
‘‘(A) IN GENERAL.—A person may obtain 
review under paragraph (1) by filing in the ap-
plicable court a written petition praying that 
the order of the Commission be modified or set 
aside in whole or in part. 
‘‘(B) TIMING.—A petition under subpara-
graph (A) shall be filed by not later than 60 
days after the date on which the applicable 
order of the Commission is published in the 
Federal Register. 
‘‘(3) PERSON
AGGRIEVED.—Notwithstanding 
any other provision of this Act, a person aggrieved 
by an order of the Commission issued under this 
section need not— 
‘‘(A) have been a party to the proceedings 
before the Commission in which that order was 
issued in order to obtain judicial review of the 
order under this subsection; or 
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‘‘(B) have requested rehearing before the 
Commission prior to seeking judicial review. 
‘‘(f) RIGHT OF EMINENT DOMAIN FOR ELECTRIC 
TRANSMISSION FACILITIES.— 
‘‘(1) IN GENERAL.—The holder of a certificate 
of public convenience and necessity may acquire 
through the exercise of the right of eminent domain 
in a court described in paragraph (2) any right-of- 
way, land, or other property that is necessary to 
construct, modify, or operate an electric trans-
mission facility in accordance with such certificate if 
the holder has, in the determination of the Commis-
sion, made good faith efforts to engage with land-
owners and other stakeholders early in the permit-
ting process established under this section, and— 
‘‘(A) cannot acquire the necessary right-of- 
way, land, or other property by contract; 
‘‘(B) is unable to agree with the owner of 
the right-of-way, land, or other property with 
respect to the compensation to be paid for that 
right-of-way, land, or other property; or 
‘‘(C) cannot clear defective title with re-
spect to the right-of-way, land, or other prop-
erty. 
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‘‘(2) COURT DESCRIBED.—A court referred to 
in paragraph (1) is— 
‘‘(A) the district court of the United States 
for the district in which the applicable right-of- 
way, land, or other property is located; or 
‘‘(B) the appropriate State court. 
‘‘(3) NOTICE
OF
ORDER
ISSUING
CERTIFI-
CATE.—The holder of a certificate of public conven-
ience and necessity may not exercise the right of 
eminent domain under this subsection with respect 
to any property covered by the certificate unless the 
Commission has first, in addition to publishing the 
notice of certificate of public convenience and neces-
sity in the Federal Register, provided all affected 
landowners with notice of— 
‘‘(A) the order; and 
‘‘(B) the procedures for obtaining judicial 
review of such order under subsection (e), in-
cluding a description of the time period for 
seeking judicial review under that subsection. 
‘‘(g) CONDEMNATION PROCEDURES.— 
‘‘(1) APPRAISALS.— 
‘‘(A) IN GENERAL.—A holder of, or appli-
cant for, a certificate of public convenience and 
necessity shall have any property that the hold-
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er or applicant seeks to acquire through the ex-
ercise of the right of eminent domain under 
subsection (f) appraised in accordance with gen-
erally accepted appraisal standards by an ap-
praiser selected by the owner of the property, 
subject to subparagraph (D). 
‘‘(B) REQUIREMENTS.— 
‘‘(i) COSTS.—The applicable holder of, 
or applicant for, a certificate of public con-
venience and necessity shall pay for each 
appraisal carried out under subparagraph 
(A). 
‘‘(ii) INSPECTIONS.—The owner of the 
applicable property (or a designated rep-
resentative of the owner) shall be given the 
opportunity to accompany the appraiser 
during any inspection of the property that 
is part of an appraisal under subparagraph 
(A). 
‘‘(C) TIMING.—An appraisal under sub-
paragraph (A) shall be carried out before— 
‘‘(i) the holder of, or applicant for, the 
certificate of public convenience and neces-
sity makes an offer of just compensation 
under paragraph (2); or 
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‘‘(ii) the holder of the certificate of 
public convenience and necessity com-
mences an action or proceeding to exercise 
the right of eminent domain under sub-
section (f). 
‘‘(D) SELECTION OF APPRAISER.—If the 
owner of the applicable property does not select 
an appraiser under subparagraph (A) by the 
date that is 60 days after the date on which the 
holder of, or applicant for, the applicable certifi-
cate of public convenience and necessity re-
quests that the owner do so, the holder or ap-
plicant shall have the right to select the ap-
praiser. 
‘‘(2) OFFERS OF JUST COMPENSATION.— 
‘‘(A) IN GENERAL.—Any offer of just com-
pensation made to an affected landowner of 
property that is or will be covered by a certifi-
cate of public convenience and necessity— 
‘‘(i) shall be made in writing; 
‘‘(ii) may not be for an amount less 
than the fair market value of the property, 
as determined by an appraisal carried out 
under paragraph (1); and 
‘‘(iii) shall include compensation for— 
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‘‘(I) any lost income from the 
property; and 
‘‘(II) any damages to any other 
property of the owner. 
‘‘(B) TIMING.—The holder of a certificate 
of public convenience and necessity may not 
make an offer of just compensation to an af-
fected landowner until the date that is 30 days 
after the date on which the Commission pro-
vides a notice to the affected landowner under 
subsection (f)(3). 
‘‘(3) JURISDICTIONAL LIMITATIONS.— 
‘‘(A) 
MINIMUM
JURISDICTIONAL 
AMOUNT.—A district court of the United States 
shall only have jurisdiction of an action or pro-
ceeding to exercise the right of eminent domain 
under subsection (f) if the amount claimed by 
the owner of the property to be condemned ex-
ceeds $3,000. 
‘‘(B) TRIBAL LAND.—A district court of 
the United States shall have no jurisdiction to 
condemn any interest in Tribal land. 
‘‘(4) LIMITATION ON CONDEMNATION.—In any 
action or proceeding to exercise the right of eminent 
domain under subsection (f), a court— 
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‘‘(A) may condemn an interest in property 
only to the extent necessary for the specific fa-
cilities described in the applicable certificate of 
public convenience and necessity; and 
‘‘(B) may not— 
‘‘(i) condemn any other interest; or 
‘‘(ii) condemn an interest for any pur-
pose not described in that certificate. 
‘‘(5) RIGHT OF POSSESSION.—With respect to 
any action or proceeding to exercise the right of emi-
nent domain under subsection (f), an owner of prop-
erty that is covered by the applicable certificate of 
public convenience and necessity shall not be re-
quired to surrender possession of that property un-
less the holder of the certificate— 
‘‘(A) has paid to the owner the award of 
compensation in the action or proceeding; or 
‘‘(B) has deposited the amount of that 
award with the court. 
‘‘(6) LITIGATION COSTS.— 
‘‘(A) IN GENERAL.—A holder of a certifi-
cate of public convenience and necessity that 
commences an action or proceeding to exercise 
the right of eminent domain under subsection 
(f) shall be liable to the owner of any property 
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condemned in that proceeding for the costs de-
scribed in subparagraph (B) if the amount 
awarded to that owner for the property con-
demned is more than 125 percent of the 
amount offered to the owner by the holder be-
fore the commencement of that action or pro-
ceeding. 
‘‘(B) COSTS
DESCRIBED.—The costs re-
ferred to in subparagraph (A) are litigation 
costs incurred for the action or proceeding de-
scribed in that subparagraph by the owner of 
the property condemned, including— 
‘‘(i) reasonable attorney fees; 
‘‘(ii) expert witness fees and costs; 
and 
‘‘(iii) reasonable travel costs to par-
ticipate in proceedings. 
‘‘(h) ENFORCEMENT OF CONDITIONS.— 
‘‘(1) IN GENERAL.—An affected landowner the 
property of which has been acquired by eminent do-
main under subsection (f) shall have the right— 
‘‘(A) to enforce any condition in the appli-
cable certificate of public convenience and ne-
cessity; and 
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‘‘(B) to seek damages for a violation of 
any condition described in subparagraph (A). 
‘‘(2) JURISDICTION.—The district courts of the 
United States shall have jurisdiction over any action 
arising under paragraph (1). 
‘‘(i) OTHER LANDOWNER RIGHTS
AND PROTEC-
TIONS.— 
‘‘(1) 
FAILURE
TO
TIMELY
COMPLETE 
PROJECTS.— 
‘‘(A) SURRENDER OF CONDEMNED PROP-
ERTY.— 
‘‘(i) IN GENERAL.—An individual or 
entity from which an interest in property is 
acquired through the exercise of the right 
of eminent domain under subsection (f) by 
the holder of a certificate of public conven-
ience and necessity that is issued for the 
construction, modification, or operation of 
an electric transmission facility may de-
mand that the holder of the certificate sur-
render that interest to that individual or 
entity if— 
‘‘(I)(aa) the electric transmission 
facility is not in operation (as modi-
fied, in the case of a modification of 
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an electric transmission facility) by 
the date specified in the certificate 
(including any modification of the cer-
tificate by the Commission); and 
‘‘(bb) there is no request for the 
extension of that date pending before 
the Commission; or 
‘‘(II) subject to clause (ii), the 
holder of the certificate, with the ap-
proval of the Commission, abandons 
the portion of the electric trans-
mission facility that is located on the 
applicable property relating to that in-
terest. 
‘‘(ii) REQUIREMENT.—The Commis-
sion may not approve in a certificate of 
public convenience and necessity issued 
under this section or in any subsequent 
proceeding the abandonment of all or any 
part of an electric transmission facility un-
less the Commission requires the holder of 
the applicable certificate of public conven-
ience and necessity to offer to each indi-
vidual or entity described in clause (i) the 
option of having the property acquired 
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from that individual or entity as described 
in that clause restored to the condition 
that the property was in prior to the 
issuance of the certificate. 
‘‘(B) 
REPAYMENT
OF
CONDEMNATION 
AWARD.—If an individual or entity described in 
subparagraph (A)(i) demands the surrender of 
an interest under that subparagraph, the holder 
of the applicable certificate of public conven-
ience and necessity shall be entitled to repay-
ment of an amount equal to not more than 50 
percent of the condemnation award relating to 
the interest. 
‘‘(C) JURISDICTION.—The district courts 
of the United States shall have jurisdiction over 
any action arising under this paragraph. 
‘‘(2) MATERIAL MISREPRESENTATIONS.— 
‘‘(A) RESCISSION OF TRANSACTION.— 
‘‘(i) IN GENERAL.—An individual or 
entity from which an interest in property is 
acquired through the exercise of the right 
of eminent domain under subsection (f) 
that proves, by a preponderance of the evi-
dence, that the individual or entity has 
granted a right-of-way or any other prop-
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erty interest based on a material misrepre-
sentation made by or on behalf of an appli-
cant for, or holder of, a certificate of pub-
lic convenience and necessity under this 
section concerning the electric transmission 
facility to be constructed, modified, or op-
erated under the certificate shall have the 
right to rescind the transaction. 
‘‘(ii) 
JURISDICTION.—The 
district 
courts of the United States shall have ju-
risdiction over any action arising under 
clause (i). 
‘‘(B) CIVIL PENALTIES.—A material mis-
representation made by an applicant for, or 
holder of, a certificate of public convenience and 
necessity, or on behalf of such an applicant or 
holder, to an affected landowner concerning the 
electric transmission facility to be constructed, 
modified, or operated under the certificate, shall 
be considered to be a violation of this part for 
purposes of section 316A and such applicant or 
holder shall be assessed a civil penalty by the 
Commission in accordance with such section 
316A, except the amount of such civil penalty 
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may not exceed $10,000 per affected landowner 
to whom the misrepresentation was made. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) AFFECTED LANDOWNER.— 
‘‘(A) IN
GENERAL.—The term ‘affected 
landowner’ includes each owner of a property 
interest in land or other property described in 
subparagraph (B), including— 
‘‘(i) the Federal Government; 
‘‘(ii) a State or local government; and 
‘‘(iii) each owner noted in the most 
recent county or city tax record as receiv-
ing the relevant tax notice with respect to 
that interest. 
‘‘(B) LAND
AND
OTHER
PROPERTY
DE-
SCRIBED.—The land or other property de-
scribed in this subparagraph is any land or 
other property— 
‘‘(i) that is directly affected by the 
proposed construction, modification, or op-
eration of an electric transmission facility, 
including all facility sites; 
‘‘(ii) that is located within the greater 
of— 
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‘‘(I) 0.25 miles from a proposed 
facility site for an electric trans-
mission facility; or 
‘‘(II) a minimum distance from 
the proposed electric transmission fa-
cility as specified by State law; or 
‘‘(iii) contains a residence that is 
within 3000 feet of a proposed facility site 
for an electric transmission facility. 
‘‘(2) ALTERNATING
CURRENT
TRANSMISSION 
FACILITY.—The term ‘alternating current trans-
mission facility’ means a transmission facility that 
uses alternating current for the bulk transmission of 
electric energy. 
‘‘(3) ELECTRIC TRANSMISSION FACILITY.—The 
term ‘electric transmission facility’ means, as appli-
cable— 
‘‘(A) an alternating current transmission 
facility; 
‘‘(B) a high-voltage, direct current trans-
mission facility; or 
‘‘(C) infrastructure associated with an al-
ternating current transmission facility or a 
high-voltage, direct current transmission facil-
ity, including substations and switchyards. 
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‘‘(4) FACILITY SITE.—The term ‘facility site’ 
includes— 
‘‘(A) an area covered by a right-of-way; 
‘‘(B) an access road; 
‘‘(C) a contractor yard where equipment 
and material are stored or where assembly work 
is conducted; and 
‘‘(D) any temporary workspace. 
‘‘(5) HIGH-VOLTAGE, DIRECT CURRENT TRANS-
MISSION FACILITY.—The term ‘high-voltage, direct 
current transmission facility’ means a transmission 
facility that uses direct current for the bulk trans-
mission of electric energy. 
‘‘(6) TRIBAL
LAND.—The term ‘Tribal land’ 
has the meaning given the term ‘Indian land’ in sec-
tion 2601 of the Energy Policy Act of 1992 (25 
U.S.C. 3501).’’. 
(b) CONFORMING
CHANGES
TO
THE
FEDERAL 
POWER ACT.— 
(1) SITING OF INTERSTATE ELECTRIC TRANS-
MISSION FACILITIES.—Section 216 of the Federal 
Power Act (16 U.S.C. 824p) is amended— 
(A) in subsection (b)(2), by inserting ‘‘(in-
cluding transmission of electric energy from the 
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outer Continental Shelf to a State)’’ after 
‘‘interstate commerce’’; 
(B) in subsection (c), by adding at the end 
the following: 
‘‘(3) APPLICATIONS OUTSIDE NATIONAL INTEREST 
ELECTRIC TRANSMISSION CORRIDORS.— 
‘‘(A) IN
GENERAL.—Subject to subparagraph 
(B), the Commission shall allow a person to file an 
application for a permit under subsection (b), and 
may begin evaluation of such application, even if the 
relevant electric transmission facility is not in a na-
tional interest electric transmission corridor des-
ignated by the Secretary under subsection (a) at the 
time the application is filed. 
‘‘(B) TIME LIMIT.—The Commission shall cease 
all evaluation of an application described in subpara-
graph (A) if, two years after the application is filed 
with the Commission, the relevant electric trans-
mission facility is not in a national interest electric 
transmission corridor designated by the Secretary 
under subsection (a). The Commission may resume 
evaluation of such application if, after ceasing eval-
uation under this subparagraph, a national interest 
electric transmission corridor is designated by the 
Secretary under subsection (a) and the relevant elec-
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tric transmission facility is in such national interest 
electric transmission corridor.’’; and 
(C) in subsection (h)— 
(i) by amending paragraph (2) to read 
as follows: 
‘‘(2) LEAD AGENCY.—For the purposes of co-
ordinating all applicable Federal authorizations and 
related environmental reviews— 
‘‘(A) the Commission shall act as the lead 
agency in the case of— 
‘‘(i) except as provided in subpara-
graph (B), an electric transmission facility 
in a national interest electric transmission 
corridor designated by the Secretary under 
subsection (a); or 
‘‘(ii) an electric transmission facility 
for which an application has been sub-
mitted for a certificate of public conven-
ience and necessity under section 229; 
‘‘(B) the Department of the Interior shall 
act as the lead agency in the case of an electric 
transmission facility in a national interest elec-
tric transmission corridor designated by the 
Secretary under subsection (a) that is located 
on a lease, easement, or right-of-way granted by 
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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)); and 
‘‘(C) the Department of Energy shall act 
as the lead agency in the case of any other elec-
tric transmission facility.’’. 
(ii) in each of paragraphs (3), (4)(B), 
(4)(C), (5)(B), (6)(A), (7)(A), (8)(A)(i), 
and (9), by striking ‘‘Secretary’’ each place 
it appears and inserting ‘‘applicable lead 
agency’’; 
(iii) in paragraph (4)(A), by striking 
‘‘As head of the lead agency, the Sec-
retary’’ and inserting ‘‘The applicable lead 
agency’’; 
(iv) in paragraph (5)(A), by striking 
‘‘As lead agency head, the Secretary’’ and 
inserting ‘‘The applicable lead agency’’; 
and 
(v) in paragraph (7)— 
(I) in subparagraph (A), by strik-
ing ‘‘after the date of enactment of 
this section’’ and inserting ‘‘after the 
date of enactment of the Clean Elec-
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tricity and Transmission Acceleration 
Act of 2023’’; and 
(II) in subparagraph (B), by 
amending clause (i) to read as follows: 
‘‘(i) Not later than six months after the date of 
enactment of the Clean Electricity and Transmission 
Acceleration Act of 2023, the Secretary, the Com-
mission, and the heads of all Federal agencies with 
authority to issue Federal authorizations shall enter 
into a memorandum of understanding to ensure the 
timely and coordinated review and permitting of 
electric transmission facilities.’’. 
(2) TRANSMISSION
INFRASTRUCTURE
INVEST-
MENT.—Section 219(b)(4)(B) of the Federal Power 
Act (16 U.S.C. 824s(b)(4)(B)) is amended by strik-
ing ‘‘section 216’’ and inserting ‘‘sections 216 and 
229’’. 
SEC. 108. FACILITATION OF EFFICIENT ENVIRONMENTAL 
REVIEW OF THE DESIGNATION OF NATIONAL 
INTEREST ELECTRIC TRANSMISSION COR-
RIDORS. 
(a) IN GENERAL.—Section 216(h) of the Federal 
Power Act (42 U.S.C. 824p(h)) is further amended— 
(1) by redesignating paragraph (9) as para-
graph (10); and 
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(2) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9) NO DUPLICATION
OF ENVIRONMENTAL RE-
VIEWS.— 
‘‘(A) PURPOSE.—The purpose of this para-
graph is to ensure that there is no duplication of ef-
fort or process with respect to preparing environ-
mental documents relating to the designation of na-
tional interest electric transmission corridors under 
subsection (a) and the issuance of permits under 
subsection (b). 
‘‘(B) REVIEW
RELATING
TO
DESIGNATION.— 
Unless the Secretary determines that the prepara-
tion of an environmental document with respect to 
the designation of a national interest electric trans-
mission corridor under subsection (a) is necessary 
under the circumstances, the Secretary shall not be 
required to prepare an environmental document in 
connection with the designation of such a national 
interest electric transmission corridor. 
‘‘(C) EFFECT ON APPLICATIONS TO CONSTRUCT 
OR MODIFY CERTAIN TRANSMISSION FACILITIES.— 
‘‘(i) NO REVIEW RELATING TO DESIGNA-
TION OF CORRIDOR.—If the Secretary has not 
prepared an environmental document with re-
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spect to the designation of a national interest 
electric transmission corridor under subsection 
(a), the Commission shall prepare an environ-
mental document for any construction or modi-
fication proposed in an application made under 
subsection (c) before issuing a permit for such 
application under subsection (b). 
‘‘(ii) REVIEW RELATING TO DESIGNATION 
OF CORRIDOR.—If the Secretary has prepared 
an environmental document with respect to the 
designation of a national interest electric trans-
mission corridor under subsection (a)— 
‘‘(I) the Commission and any other 
Federal agency preparing an environ-
mental document for any construction or 
modification proposed in an application 
made under subsection (c) within such na-
tional interest electric transmission cor-
ridor— 
‘‘(aa) shall rely on any findings 
of the environmental document pre-
pared by the Secretary; and 
‘‘(bb) shall not duplicate any 
work of the Secretary relating to the 
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preparation of such environmental 
document; and 
‘‘(II) the Commission and such other 
Federal agency shall incorporate the find-
ings of the environmental document pre-
pared by the Secretary into any environ-
mental document prepared by the Commis-
sion or such other Federal agency under 
this subsection.’’. 
(b) DEFINITIONS.—Paragraph (1) of section 216(h) 
of the Federal Power Act (42 U.S.C. 824p(h)) is amended 
to read as follows: 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) ENVIRONMENTAL
DOCUMENT.—The 
term ‘environmental document’ has the mean-
ing given such term in section 111 of the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4336e). 
‘‘(B) 
FEDERAL
AUTHORIZATION.—The 
term ‘Federal authorization’— 
‘‘(i) means any authorization required 
under Federal law in order to site a trans-
mission facility; and 
‘‘(ii) includes such permits, special use 
authorizations, certifications, opinions, or 
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other approvals as may be required under 
Federal law in order to site a transmission 
facility.’’. 
(c) CONFORMING AMENDMENTS.—Section 216(h)(5) 
of the Federal Power Act (42 U.S.C. 824p(h)(5)) is 
amended— 
(1) in subparagraph (A), by striking ‘‘environ-
mental review document’’ and inserting ‘‘environ-
mental document’’; and 
(2) in subparagraph (C), by striking ‘‘docu-
ment’’ and inserting ‘‘environmental document’’. 
SEC. 109. INCREASED FLEXIBILITY FOR FEDERAL TRANS-
MISSION FINANCING. 
(a) TRANSMISSION FACILITY FINANCING.—Section 
50151(b) of Public Law 117–169 (42 U.S.C. 18715(b)) 
is amended by striking ‘‘designated by the Secretary to 
be necessary in the national interest under section 216(a) 
of the Federal Power Act (16 U.S.C. 824p(a))’’ and in-
serting ‘‘determined by the Secretary to be in the national 
interest’’. 
(b) TRANSMISSION FACILITATION PROGRAM.—Sec-
tion 40106(h)(1)(A) of the Infrastructure Investment and 
Jobs Act (42 U.S.C. 18713(h)(1)(A)) is amended by strik-
ing ‘‘is located in an area designated as a national interest 
electric transmission corridor pursuant to section 216(a) 
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of the Federal Power Act16 U.S.C. 824p(a)’’ and insert-
ing ‘‘is in the national interest’’. 
SEC. 110. ESTABLISHMENT OF TRANSMISSION INVESTMENT 
TAX CREDIT. 
(a) IN GENERAL.—Subpart E of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by inserting after section 48E the fol-
lowing: 
‘‘SEC. 48F. QUALIFYING ELECTRIC POWER TRANSMISSION 
LINE CREDIT. 
‘‘(a) ALLOWANCE OF CREDIT.—For purposes of sec-
tion 46, the qualifying electric power transmission line 
credit for any taxable year is an amount equal to 6 percent 
of the qualified investment for such taxable year with re-
spect to any qualifying electric power transmission line 
property of the taxpayer. 
‘‘(b) QUALIFIED INVESTMENT.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a), the qualified investment for any taxable year is 
the basis of any qualifying electric power trans-
mission line property placed in service by the tax-
payer during such taxable year. 
‘‘(2) CERTAIN QUALIFIED PROGRESS EXPENDI-
TURES RULES MADE APPLICABLE.—Rules similar to 
the rules of subsections (c)(4) and (d) of section 46 
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(as in effect on the day before the date of the enact-
ment of the Revenue Reconciliation Act of 1990) 
shall apply for purposes of this section. 
‘‘(c) QUALIFYING ELECTRIC POWER TRANSMISSION 
LINE PROPERTY.—For purposes of this section, the term 
‘qualifying electric power transmission line property’ 
means any overhead, submarine, or underground prop-
erty— 
‘‘(1) which is a qualifying electric power trans-
mission line that transmits electricity— 
‘‘(A) across no fewer than 2 States or not 
less than 150 continuous miles, or 
‘‘(B) across the Outer Continental Shelf 
(as defined in section 2 of the Outer Conti-
nental Lands Act (43 U.S.C. 1331)), or 
‘‘(2) which is related transmission property. 
‘‘(d) QUALIFYING ELECTRIC POWER TRANSMISSION 
LINE.—For purposes of this section— 
‘‘(1) IN GENERAL.—The term ‘qualifying elec-
tric power transmission line’ means any applicable 
new transmission property and any modified existing 
transmission property. 
‘‘(2) APPLICABLE
NEW
TRANSMISSION
PROP-
ERTY.— 
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‘‘(A) IN GENERAL.—The term ‘applicable 
new transmission property’ means any electric 
power transmission line which is— 
‘‘(i) originally placed in service after 
the date of the enactment of this section, 
‘‘(ii) primarily used for one or more 
purposes described in subparagraph (B), 
and 
‘‘(iii) described in subparagraph (C). 
‘‘(B) PURPOSES
DESCRIBED.—The pur-
poses described in this subparagraph are— 
‘‘(i) enhancing resilience to prepare 
for, withstand, and recover rapidly from 
disruptions from the impact of weather 
events, wildfires, or natural disasters, 
‘‘(ii) addressing clearance concerns, 
‘‘(iii) facilitating the interconnection 
of electric power generation capacity to the 
bulk-power system (as defined in section 
215 of the Federal Power Act), or 
‘‘(iv) addressing high load needs of 
2,000 ampere and above. 
‘‘(C) ADDITIONAL
REQUIREMENTS
FOR 
NEW
TRANSMISSION
PROPERTY.—An electric 
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power transmission line is described in this sub-
paragraph if— 
‘‘(i) such transmission line— 
‘‘(I) includes an advanced trans-
mission conductor, and 
‘‘(II) is capable of transmitting 
electricity at a voltage of not less than 
100 kilovolts, or 
‘‘(ii) such transmission line— 
‘‘(I) is a superconducting trans-
mission line or is capable of transmit-
ting electricity at a voltage of at least 
345 kilovolts, and 
‘‘(II) has a transmission capacity 
of not less than 750 megawatts or is 
a transmission line described in sub-
paragraph (D). 
‘‘(D) MULTIPLE TRANSMISSION LINES LO-
CATED IN THE SAME RIGHT-OF-WAY.—A trans-
mission line is described in this subparagraph if 
such a transmission line— 
‘‘(i) is co-located in the same right-of- 
way or adjacent right-of-way as one or 
more other overhead, submarine, or under-
ground transmission lines, and 
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‘‘(ii) together with the other trans-
mission lines described in subparagraph 
(A), has a transmission capacity of not less 
than 1,000 megawatts. 
‘‘(3) MODIFIED EXISTING TRANSMISSION PROP-
ERTY.—The term ‘modified existing transmission 
property’ means any electric power transmission line 
which— 
‘‘(A) was placed in service before the date 
of the enactment of this section, 
‘‘(B) is modified after the date of enact-
ment of this Act in a manner that— 
‘‘(i) increases the transmission capac-
ity of such transmission line by not less 
than 500 megawatts, or 
‘‘(ii) includes an advanced trans-
mission conductor that transmits electricity 
at a voltage of not less than 100 kilovolts, 
and 
‘‘(C) after the completion of such modifica-
tion, is an electric power transmission line 
which satisfies the requirements under sub-
clauses (ii) and (iii) of paragraph (2)(A). 
‘‘(4) ADVANCED TRANSMISSION CONDUCTOR.— 
The term ‘advanced transmission conductor’ means 
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a transmission conductor technology that uses re-
cently developed technology or materials such as a 
composite core and such other future advances as 
determined by the Secretary, in consultation with 
the Secretary of Energy. 
‘‘(5) 
SUPERCONDUCTING
TRANSMISSION 
LINE.—The term ‘superconducting transmission line’ 
means a transmission line that conducts all of its 
current over a super-conducting material. 
‘‘(e) RELATED TRANSMISSION PROPERTY.—For pur-
poses of this section— 
‘‘(1) IN GENERAL.—The term ‘related trans-
mission property’ means any of the following: 
‘‘(A) TRANSMISSION PROPERTY USED FOR 
INTERCONNECTION OR GENERATOR TIE-LINE.— 
Any electric power transmission line which is— 
‘‘(i) placed in service after the date of 
enactment of this section, 
‘‘(ii) primarily used— 
‘‘(I) as a generator interconnec-
tion tie line at an associated facility 
that extends from the secondary 
(high) side of a generator step-up 
transformer to the point of inter-
connection with the host transmission 
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owner from interconnecting new gen-
eration resources or facilities to the 
electric grid, or 
‘‘(II) for network upgrades asso-
ciated with the interconnection of new 
generation resources or facilities to 
the electric grid, 
‘‘(iii) primarily used for one or more 
purposes described in subsection (d)(2)(B), 
and 
‘‘(iv) capable of transmitting elec-
tricity at a voltage of not less than 230 
kilovolts. 
‘‘(B) GRID
ENHANCING
TECHNOLOGY.— 
Any grid enhancing technology property used in 
the operation of the electric power transmission 
line described in paragraph (2) or (3) of sub-
section (d). 
‘‘(C) SUBCOMPONENTS.—Any conductors 
or cables, towers, insulators, reactors, capaci-
tors, circuit breakers, static VAR compensators, 
static synchronous compensators, power con-
verters, transformers, synchronous condensers, 
braking resistors, and any ancillary facilities 
and equipment necessary for the proper oper-
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ation of the electric power transmission line de-
scribed in paragraph (2) or (3) of subsection 
(d) or for the proper operation of any property 
described in subsection (d)(2). 
‘‘(2) GRID
ENHANCING
TECHNOLOGY
PROP-
ERTY.—The term ‘grid enhancing technology prop-
erty’ means power flow controls and transmission 
switching equipment, storage technology, and hard-
ware or software that enables dynamic line ratings, 
advanced line rating management technologies, on 
new or existing transmission property for the pur-
pose of enhancing the capacity, efficiency, resiliency, 
or reliability of an electric power transmission sys-
tem and such other similar property determined by 
the Secretary, in consultation with the Secretary of 
Energy. 
‘‘(f) INCREASED CREDIT AMOUNT
FOR CERTAIN 
TRANSMISSION LINE PROPERTY.— 
‘‘(1) IN GENERAL.—In the case of any quali-
fying electric power transmission line property which 
meets the requirements of paragraph (2), the 
amount of credit determined under subsection (a) 
(determined without regard to this subsection) shall 
be equal to such amount multiplied by 5. 
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‘‘(2) 
FACILITY
REQUIREMENTS.—Qualifying 
electric power transmission line property shall be 
treated as meeting the requirements of this para-
graph if— 
‘‘(A) the construction of such property 
meets rules similar to the rules of section 
48(a)(10) (relating to prevailing wage require-
ments) and section 45(b)(8) (relating to ap-
prenticeship requirements), or 
‘‘(B) the construction of such property be-
gins before the date that is 60 days after the 
Secretary publishes guidance with respect to the 
requirements under subparagraph (A). 
‘‘(g) TERMINATION.—This section shall not apply to 
any property the construction of which begins after De-
cember 31, 2033.’’. 
(b) PUBLIC UTILITY PROPERTY.—Paragraph (2) of 
section 50(d) of the Internal Revenue Code is amended— 
(1) by striking ‘‘(as defined in section 
48(c)(6))’’ and inserting ‘‘(as defined in section 
48(c)(6), except that subparagraph (D) of such sec-
tion shall not apply) or any qualifying electric power 
transmission line property (as defined by section 
48F(c))’’, and 
(2) in subparagraph (B)— 
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(A) by inserting ‘‘or qualifying electric 
power transmission line property’’ after ‘‘each 
energy storage technology’’, and 
(B) by inserting ‘‘or the qualifying electric 
power transmission line property’’ after ‘‘the 
energy storage technology’’. 
(c) TRANSFER
OF
CERTAIN
CREDITS.—Section 
6418(f)(1)(A) of the Internal Revenue Code of 1986 is 
amended by adding at the end the following: 
‘‘(xii) The qualifying electric power 
transmission line credit under section 
48F.’’. 
(d) CONFORMING AMENDMENTS.— 
(1) Section 46 of the Internal Revenue Code of 
1986 is amended— 
(A) in paragraph (5), by striking ‘‘and’’ at 
the end, 
(B) in paragraph (6), by striking the pe-
riod at the end and inserting ‘‘, and’’, and 
(C) by adding at the end the following: 
‘‘(7) the qualifying electric power transmission 
line credit.’’. 
(2) Section 49(a)(1)(C) of such Code is amend-
ed— 
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(A) in clause (v), by striking ‘‘and’’ at the 
end, 
(B) in clause (vi), by striking the period at 
the end and inserting ‘‘, and’’, and 
(C) by adding at the end the following: 
‘‘(vii) the basis of any qualifying elec-
tric power transmission line property under 
section 48F.’’. 
(3) The table of sections for subpart E of part 
IV of subchapter A of chapter 1 of such Code is 
amended by inserting after the item relating to sec-
tion 48E the following new item: 
‘‘Sec. 48F. Qualifying electric power transmission line credit.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
December 31, 2023. 
TITLE 
II—IMPROVEMENT 
OF 
GOVERNANCE 
AND 
EFFI-
CIENCY OF THE GRID 
SEC. 201. AUTHORIZATION TO ESTABLISH FERC OFFICE OF 
ELECTRICITY TRANSMISSION. 
Part III of the Federal Power Act (16 U.S.C. 825 
et seq.) is amended by inserting after section 317 the fol-
lowing: 
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‘‘SEC. 318. OFFICE OF ELECTRICITY TRANSMISSION. 
‘‘The Commission may establish an office, to be 
known as the Office of Transmission, to— 
‘‘(1) coordinate all matters of the Commission 
relating to the transmission of electric energy, as the 
Commission determines appropriate; and 
‘‘(2) carry out the responsibilities of the Com-
mission under section 216, 224, 225, 226, 227, 228, 
and 229, in coordination with the Office of Energy 
Projects of the Commission.’’. 
SEC. 202. SUPPORT FOR FERC STAFFING. 
(a) ENSURING TIMELY REVIEW
OF INFRASTRUC-
TURE.—Section 401(k) of the Department of Energy Or-
ganization Act (42 U.S.C. 7171(k)) is amended— 
(1) in paragraph (1), by striking ‘‘subchapter 
III of’’; 
(2) in paragraph (2)— 
(A) by striking subparagraph (A); and 
(B) by redesignating subparagraphs (B) 
through (E) as subparagraphs (A) through (D), 
respectively; and 
(3) in paragraph (6)— 
(A) by striking ‘‘The Chairman’’ and in-
serting the following: 
‘‘(A) IN GENERAL.—The Chairman’’; and 
(B) by adding at the end the following: 
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‘‘(B) IMPLEMENTATION PLAN.—Not later 
than 90 days after the date of enactment of 
this subparagraph, the Chairman shall submit 
to the Director of the Office of Personnel Man-
agement a plan to implement this subsection. 
The Director of the Office of Personnel Man-
agement shall take final action on the plan not 
later than 120 days after the submission of 
such plan.’’. 
(b) DIRECT HIRE AUTHORITY.—Section 401 of the 
Department of Energy Organization Act (42 U.S.C. 7171) 
is amended by adding at the end the following: 
‘‘(l) DIRECT HIRE AUTHORITY.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
3304 of title 5, United States Code, and without re-
gard to the provisions of sections 3309 through 
3318 of such title 5, if the Chairman of the Com-
mission issues a certification that there is as severe 
shortage of candidates or a critical hiring need for 
covered positions to carry out the Commission’s re-
sponsibilities and activities, the Chairman may, sub-
ject to paragraph (3), recruit and directly appoint 
highly qualified individuals into the competitive serv-
ice. 
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‘‘(2) LIMITATION.—Any action authorized pur-
suant to paragraph (1) shall be consistent with the 
merit principles of section 2301 of title 5, United 
States Code, and the Commission shall comply with 
the public notice requirements of section 3327 of 
such title 5. 
‘‘(3) TERMINATION.— 
‘‘(A) IN GENERAL.—A certification issued 
or renewed under this subsection shall termi-
nate on the earlier of— 
‘‘(i) the date that is 5 years after the 
certification is issued or renewed; or 
‘‘(ii) the date on which the Chairman 
determines that there is no longer a severe 
shortage of candidates or a critical hiring 
need for covered positions to carry out the 
Commission’s responsibilities and activi-
ties. 
‘‘(B) 
RENEWAL.—The 
Chairman 
may 
renew a certification issued or renewed under 
this subsection for an additional 5-year period 
if the Chairman determines there is still a se-
vere shortage of candidates or a critical hiring 
need for covered positions to carry out the 
Commission’s responsibilities and activities. 
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‘‘(4) COVERED POSITION.—In this subsection, 
the term ‘covered position’ means a position in 
which an employee is responsible for conducting 
work of a scientific, technical, engineering, mathe-
matical, legal, or otherwise highly specialized or 
skilled nature.’’. 
(c) ELIMINATION OF REPORTING SUNSET.—Section 
11004(b) of the Energy Act of 2020 (42 U.S.C. 7171 
note; Public Law 116–260) is amended— 
(1) in paragraph (1), by striking ‘‘thereafter for 
10 years’’ and inserting ‘‘thereafter’’; and 
(2) in paragraph (2)(B), by striking ‘‘or mathe-
matical’’ and inserting ‘‘mathematical, or otherwise 
highly specialized or skilled’’. 
SEC. 203. EVALUATION OF FERC FEE ASSESSMENTS. 
Section 3401 of the Omnibus Budget Reconciliation 
Act of 1986 (42 U.S.C. 7178) is amended by adding at 
the end the following: 
‘‘(h) REVIEW.—Not less often than once every five 
years, the Commission shall undertake a review to deter-
mine if the fees and charges it assesses under this section 
and other laws are sufficient to allow the Commission to 
handle its workload in an expedient manner.’’. 
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SEC. 204. ESTABLISHMENT OF INDEPENDENT TRANS-
MISSION MONITORS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this section, the Commission shall— 
(1) require each transmission planning region 
to establish an independent entity to monitor the 
planning for, and operation of, transmission facilities 
in the transmission planning region; or 
(2) establish an independent entity to monitor 
the planning for, and operation of, transmission fa-
cilities in all transmission planning regions. 
(b) ROLE OF TRANSMISSION MONITOR.—An inde-
pendent entity described in subsection (a) shall provide 
independent analysis of transmission planning and rate-
making processes by the Commission and Transmission 
Organizations to inform Commission proceedings, includ-
ing by, as applicable— 
(1) reviewing the operation and practices of 
transmission facilities in the applicable transmission 
planning region for inefficiency; 
(2) investigating whether any rate, charge, or 
classification for transmission facilities in the appli-
cable transmission planning region, or any rule, reg-
ulation, practice, or contract affecting such a rate, 
charge, or classification, is unjust, unreasonable, un-
duly discriminatory or preferential; 
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(3) reviewing the transmission planning process 
for the applicable transmission planning region; 
(4) reviewing transmission facility costs in the 
applicable transmission planning region; 
(5) providing examples and advice to Trans-
mission Organizations in the applicable transmission 
planning region on regional transmission operations, 
planning, and cost-allocation processes; 
(6) identifying situations in which it is cost-ef-
fective or otherwise appropriate to construct or de-
ploy grid enhancing assets; 
(7) coordinating and sharing information with 
State regulatory authorities in the applicable trans-
mission planning region; and 
(8) identifying reliable data sets and methodolo-
gies for use in regional planning and providing ac-
cess to data to stakeholders. 
(c) SAVINGS CLAUSE.—Nothing in this section shall 
be construed to alter the sole power of the Commission 
to, under sections 205 and 206 of the Federal Power Act 
(16 U.S.C. 824d; 824e), determine if any rates, charges, 
or classifications are unjust, unreasonable, or unduly dis-
criminatory or preferential. 
(d) DEFINITIONS.—In this section: 
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(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Energy Regulatory Commission. 
(2) GRID
ENHANCING
ASSET, STATE
REGU-
LATORY AUTHORITY; TRANSMISSION ORGANIZATION; 
TRANSMISSION
PLANNING
REGION.—The 
terms 
‘‘grid enhancing asset’’, ‘‘State regulatory author-
ity’’, ‘‘Transmission Organization’’, and ‘‘trans-
mission planning region’’ have the meanings given 
such terms in section 3 of the Federal Power Act 
(16 U.S.C. 796). 
SEC. 205. ASSURANCE OF INTEROPERABILITY OF OFF-
SHORE 
ELECTRIC 
TRANSMISSION 
INFRA-
STRUCTURE. 
(a) STUDY.—Not later than 2 years after the date 
of enactment of this Act, the Secretary of Energy shall 
complete and publish on the website of the Department 
of Energy a study that assesses the need to, and chal-
lenges of, developing and standardizing interoperable elec-
tric grid components, systems, and technologies in support 
of shared offshore transmission networks. Such study 
shall include recommendations for Congress, State, Tribal, 
and local governments, manufacturers of electric grid com-
ponents, systems, and technologies, Transmission Organi-
zations, offshore electricity generation project developers, 
and appropriate standards organizations to help ensure 
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interoperability of electric grid components, systems, and 
technologies between offshore electricity generation 
projects and shared offshore infrastructure connecting to 
onshore transmission systems. 
(b) INTEROPERABILITY STANDARD DEVELOPMENT 
PROGRAM.— 
(1) IN
GENERAL.—The Secretary of Energy 
shall establish and implement a program to identify, 
develop, support, document, and encourage the 
adoption of standards necessary to maximize the 
interoperability of electric grid components, systems, 
and technologies to accelerate the implementation 
and delivery of electricity generated by offshore elec-
tricity generation projects through shared electricity 
transmission infrastructure. 
(2) GOALS.—The goals of establishing and im-
plementing the program under paragraph (1) shall 
be— 
(A) to harmonize and standardize func-
tional specifications of electric grid components, 
systems, and technologies to maximize the 
interoperability of electric grid components, sys-
tems, and technologies across types and manu-
facturers; 
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(B) to hasten adoption of shared electric 
transmission infrastructure for offshore elec-
tricity generation by encouraging cooperation 
among manufacturers of electric grid compo-
nents, systems, or technologies in order to— 
(i) maximize interoperability of such 
manufacturers’ electric grid components, 
systems, or technologies; 
(ii) reduce offshore electricity genera-
tion project delays and cost overruns; 
(iii) manage power grid complexity; 
and 
(iv) enhance electric grid resilience, 
reliability, and cybersecurity; and 
(C) to identify common technical specifica-
tions to effectively and securely measure, mon-
itor, control, and protect offshore electricity 
generation and electric transmission infrastruc-
ture from the point of generation to load cen-
ters. 
(3) FINANCIAL ASSISTANCE.—Under the pro-
gram established and implemented under paragraph 
(1), the Secretary may provide grants to— 
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(A) engage equipment manufacturers and 
industry stakeholders in collaborative platforms, 
including workshops and forums; 
(B) identify current challenges and propose 
solutions to improve interoperability of electric 
grid components, systems, and technologies; 
and 
(C) develop a set of voluntary industry 
standards to maximize interoperability of elec-
tric grid components, systems, and technologies 
that meet the goals described in paragraph (2). 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of En-
ergy to carry out this section $5,000,000, to remain avail-
able until expended. 
(d) DEFINITION.—In this section, the term ‘‘Trans-
mission Organization’’ has the meaning given such term 
in section 3(29) of the Federal Power Act (16 U.S.C. 
796). 
SEC. 206. AGGREGATOR BIDDING INTO ORGANIZED WHOLE-
SALE ELECTRIC MARKETS. 
(a) IN GENERAL.—Notwithstanding any prohibition 
established by a relevant electric retail regulatory author-
ity with respect to who may bid into an organized whole-
sale electric market, each Transmission Organization 
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shall, with respect to the organized wholesale electric mar-
ket controlled by the Transmission Organization, allow 
any bid from an aggregator of retail customers that aggre-
gates the demand flexibility of the customers of utilities 
that distributed more than 4 million megawatt-hours in 
the previous fiscal year. 
(b) RULEMAKING.—Not later than 12 months after 
the date of enactment of this section, the Commission 
shall promulgate a final rule pursuant to subsection (a). 
(c) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Energy Regulatory Commission. 
(2) ELECTRIC RETAIL REGULATORY AUTHOR-
ITY.—The term ‘‘electric retail regulatory authority’’ 
means an entity that establishes retail electricity 
prices and retail competition policies for customers. 
(3) TRANSMISSION ORGANIZATION.—The term 
‘‘Transmission Organization’’ has the meaning given 
such term in section 3 of the Federal Power Act (16 
U.S.C. 796). 
SEC. 207. EXPANSION OF COMMUNITY SOLAR. 
(a) ESTABLISHMENT OF COMMUNITY SOLAR CON-
SUMER CHOICE PROGRAM.— 
(1) IN GENERAL.—Not later than 12 months 
after the date of enactment of this Act, the Sec-
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retary shall establish a program to increase the op-
portunities for participation in community solar pro-
grams by— 
(A) individuals, prioritizing individuals 
that do not have regular access to onsite solar, 
including low- and moderate-income individuals 
and individuals living in energy communities; 
(B) businesses; 
(C) nonprofit organizations; and 
(D) States and local and Tribal govern-
ments. 
(2) ALIGNMENT WITH EXISTING FEDERAL PRO-
GRAMS.—The Secretary shall align the program es-
tablished under paragraph (1) with existing Federal 
programs that serve low-income communities. 
(3) ASSISTANCE TO STATE AND LOCAL GOVERN-
MENTS.—In carrying out the program established 
under paragraph (1), the Secretary shall— 
(A) provide technical assistance to eligible 
entities for projects to increase the number of 
community solar facilities; 
(B) assist eligible entities in the develop-
ment of new and innovative financial and busi-
ness models that leverage competitive processes 
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in order to serve community solar subscribers; 
and 
(C) use National Laboratories to collect 
and disseminate data to assist private entities 
in the financing of, subscription to, and oper-
ation of community solar programs. 
(b) FEDERAL GOVERNMENT PARTICIPATION IN COM-
MUNITY SOLAR PROGRAMS.—The Secretary shall, as the 
Secretary determines appropriate, expand the existing 
grant, loan, and financing programs of the Department 
of Energy to include community solar programs. 
(c) ESTABLISHMENT OF COMMUNITY SOLAR PRO-
GRAMS.— 
(1) IN GENERAL.—Section 111(d) of the Public 
Utility Regulatory Policies Act of 1978 (16 U.S.C. 
2621(d)) is amended by adding at the end the fol-
lowing: 
‘‘(22) COMMUNITY SOLAR PROGRAMS.— 
‘‘(A) IN
GENERAL.—Each electric utility 
shall offer a community solar program that pro-
vides all ratepayers, including low-income rate-
payers, equitable and demonstrable access to 
such community solar program. 
‘‘(B) DEFINITIONS.—For the purposes of 
this paragraph: 
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‘‘(i) COMMUNITY SOLAR PROGRAM.— 
The term ‘community solar program’ 
means a service provided to any electric 
consumer that the electric utility serves 
through which the value of electricity gen-
erated by a community solar facility may 
be used to reduce total charges billed to 
the electric consumer. 
‘‘(ii) COMMUNITY SOLAR FACILITY.— 
The term ‘community solar facility’ means 
a solar photovoltaic system that— 
‘‘(I) allocates electricity to mul-
tiple electric consumers of an electric 
utility; 
‘‘(II) is interconnected with the 
electric grid; and 
‘‘(III) is located either on or off 
the property of the electric consumers 
described in subclause (I).’’. 
(2) COMPLIANCE.— 
(A) TIME
LIMITATIONS.—Section 112(b) 
of the Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2622(b)) is amended by add-
ing at the end the following: 
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‘‘(9)(A) Not later than 12 months after the 
date of enactment of this paragraph, each State reg-
ulatory authority (with respect to each electric utility 
for which the State has ratemaking authority) and 
each nonregulated electric utility shall commence 
consideration under section 111, or set a hearing 
date for consideration, with respect to the standard 
established by paragraph (22) of section 111(d). 
‘‘(B) Not later than 24 months after the date 
of enactment of this paragraph, each State regu-
latory authority (with respect to each electric utility 
for which the State has ratemaking authority), and 
each nonregulated electric utility shall complete the 
consideration and make the determination under sec-
tion 111 with respect to the standard established by 
paragraph (22) of section 111(d).’’. 
(B) FAILURE TO COMPLY.—Section 112(c) 
of the Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2622(c)) is amended— 
(i) by striking ‘‘subsection (b)(2)’’ and 
inserting ‘‘subsection (b)’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘In the case of the standard estab-
lished by paragraph (22) of section 111(d), 
the reference contained in this subsection 
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to the date of enactment of this Act shall 
be deemed to be a reference to the date of 
enactment of that paragraph (22).’’. 
(C) PRIOR STATE ACTIONS.— 
(i) IN GENERAL.—Section 112 of the 
Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2622) is amended by add-
ing at the end the following: 
‘‘(i) PRIOR STATE ACTIONS.—Subsections (b) and 
(c) shall not apply to the standard established by para-
graph (22) of section 111(d) in the case of any electric 
utility in a State if, before the date of enactment of this 
subsection— 
‘‘(1) the State has implemented for the electric 
utility the standard (or a comparable standard); 
‘‘(2) the State regulatory authority for the 
State or the relevant nonregulated electric utility has 
conducted a proceeding to consider implementation 
of the standard (or a comparable standard) for the 
electric utility; or 
‘‘(3) the State legislature has voted on the im-
plementation of the standard (or a comparable 
standard) for the electric utility.’’. 
(ii) CROSS-REFERENCE.—Section 124 
of the Public Utility Regulatory Policies 
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Act of 1978 (16 U.S.C. 2634) is amended 
by adding at the end the following: ‘‘In the 
case of the standard established by para-
graph (22) of section 111(d), the reference 
contained in this subsection to the date of 
enactment of this Act shall be deemed to 
be a reference to the date of enactment of 
that paragraph (22).’’. 
(d) FEDERAL CONTRACTS
FOR PUBLIC UTILITY 
SERVICES.—Section 501(b)(1) of title 40, United States 
Code, is amended by amending subparagraph (B) to read 
as follows: 
‘‘(B) PUBLIC
UTILITY
CONTRACTS.—A 
contract under this paragraph for public utility 
services may be for a period of not more than 
30 years.’’. 
(e) DEFINITIONS.—In this section: 
(1) COMMUNITY SOLAR FACILITY; COMMUNITY 
SOLAR PROGRAM.—The terms ‘‘community solar fa-
cility’’ and ‘‘community solar program’’ have the 
meaning give such terms in paragraph (22) of sec-
tion 111(d) of the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2621(d)), as added by sub-
section (c) of this section. 
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(2) COMMUNITY
SOLAR
SUBSCRIBER.—The 
term ‘‘community solar subscriber’’ means an elec-
tricity customer who has ownership of a financial 
share in a community solar facility that serves mul-
tiple consumers. 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State or political subdivision of a 
State; 
(B) a unit of local government; 
(C) an Indian Tribe (as defined in section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)); 
(D) a territory of the United States; or 
(E) an authority, agency, or instrumen-
tality of, or an entity owned by, 1 or more enti-
ties described in subparagraphs (A) through 
(D). 
(4) ENERGY COMMUNITY.—The term ‘‘energy 
community’’ has the meaning given such term in 
section 45(b)(11) of the Internal Revenue Code of 
1986 (26 U.S.C. 45(b)(11)). 
(5) NATIONAL LABORATORIES.—The term ‘‘Na-
tional Laboratories’’ has the meaning given the term 
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in section 2 of the Energy Policy Act of 2005 (42 
U.S.C. 15801). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
SEC. 208. ESTABLISHMENT OF PROGRAM TO FACILITATE 
VOLUNTARY STREAMLINED PROCESS FOR 
LOCAL PERMITTING OF QUALIFYING DIS-
TRIBUTED ENERGY SYSTEMS. 
(a) DEFINITIONS.—In this section: 
(1) AUTHORITY
HAVING
JURISDICTION.—The 
term ‘‘authority having jurisdiction’’ means any 
State, county, local, or Tribal office or official with 
jurisdiction— 
(A) to issue permits relating to qualifying 
distributed energy systems; 
(B) to conduct inspections to enforce the 
requirements of a relevant code or standard re-
lating to qualifying distributed energy systems; 
or 
(C) to approve the installation of, or the 
equipment and materials used in the installa-
tion of, qualifying distributed energy systems. 
(2) QUALIFYING
DISTRIBUTED
ENERGY
SYS-
TEM.—The term ‘‘qualifying distributed energy sys-
tem’’ means any equipment or materials installed in, 
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on, or near a residential building to support onsite 
or local energy use, including— 
(A) to generate electricity from distributed 
renewable energy sources, including from— 
(i) solar photovoltaic systems or simi-
lar solar energy technologies; and 
(ii) wind power systems; 
(B) to store and discharge electricity from 
batteries with a capacity of at least 2 kilowatt 
hours; 
(C) to charge a plug-in electric drive vehi-
cle at a power rate of at least 2 kilowatts; or 
(D) to refuel a hydrogen fuel cell electric 
vehicle. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(b) PROGRAM.—Not later than 180 days after the 
date of enactment of this Act, the Secretary, in consulta-
tion with trade associations and other entities representing 
distributed energy system installers and organizations rep-
resenting State, local, and Tribal governments engaged in 
permitting, shall carry out a program to further develop, 
expand, and support the adoption of a voluntary stream-
lined permitting and inspection process for authorities 
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having jurisdiction to use for the permitting of qualifying 
distributed energy systems. 
(c) ACTIVITIES OF THE PROGRAM.—In carrying out 
the program established under subsection (b), the Sec-
retary shall— 
(1) further develop and expand an exemplary 
streamlined permitting process that includes an on-
line permitting platform— 
(A) for expediting, standardizing, and 
streamlining permitting; and 
(B) that authorities having jurisdiction 
may voluntarily use to receive, review, and ap-
prove permit applications relating to qualifying 
distributed energy systems; 
(2) establish targets for the adoption of a 
streamlined, expedited permitting process by au-
thorities having jurisdiction; 
(3) provide technical assistance and training di-
rectly or indirectly to authorities having jurisdiction 
on using and adopting the exemplary streamlined 
permitting process described in paragraph (1), in-
cluding the adoption of any necessary building codes; 
(4) develop a voluntary inspection protocol and 
related tools to expedite, standardize, and streamline 
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the inspection of qualifying distributed energy sys-
tems, including— 
(A) by investigating the potential for using 
remote inspections; 
(B) by investigating the potential for sam-
ple-based inspection for distributed energy sys-
tem installers with a demonstrated track record 
of high-quality work; and 
(C) by investigating opportunities to inte-
grate the voluntary inspection protocol into the 
online permitting platform described in para-
graph (1) and the platforms of government 
software providers; and 
(5) take any other action to expedite, stand-
ardize, streamline, or improve the process for per-
mitting, inspecting, or interconnecting qualifying 
distributed energy systems. 
(d) SUPPORT SERVICES.—The Secretary shall— 
(1) support the provision of technical assistance 
to authorities having jurisdiction, any administrator 
of the online permitting platform described in sub-
section (c)(1), government software providers, and 
any other entity determined appropriate by the Sec-
retary in carrying out the activities described in sub-
section (c); and 
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(2) provide such financial assistance as the Sec-
retary determines appropriate from any funds appro-
priated to carry out this section. 
(e) AUTHORITY HAVING JURISDICTION CERTIFI-
CATION PROGRAM.— 
(1) IN GENERAL.—The Secretary may certify 
authorities having jurisdiction that implement the 
exemplary streamlined permitting process described 
in subsection (c)(1). 
(2) PROCESS.—The Secretary may confer a cer-
tification under paragraph (1) through existing pro-
grams within the Department of Energy. 
(3) PRIZES.—The Secretary may award prizes 
to authorities having jurisdiction, using funds appro-
priated to the Secretary to carry out this section, to 
encourage authorities having jurisdiction to adopt 
the exemplary streamlined permitting process or the 
voluntary inspection protocol established under para-
graphs (1) and (4) of subsection (c), respectively. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out this section $20,000,000 for each of fiscal years 2024 
through 2027. 
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SEC. 209. MITIGATION OF THE SHORTAGE OF ELECTRICITY 
TRANSFORMERS. 
There 
is 
authorized 
to 
be 
appropriated 
$2,100,000,000 for the President, acting through the Sec-
retary of Energy, under the authority of title III of the 
Defense Production Act of 1950 (50 U.S.C. 4531 et seq.), 
to expand domestic manufacturing of transformers and 
grid components, including amorphous steel, grain-ori-
ented electrical steel, flexible transformers, circuit break-
ers, switchgear and substations to serve load and inter-
connect generation, and inverters and optimizers to inte-
grate the influx of distributed generators. 
SEC. 210. STUDY OF NEXT GENERATION HIGHWAYS. 
Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Federal Highway Ad-
ministration shall conduct, and publish a report on the 
results of, a study on best practices for siting high-voltage 
transmission lines on highway rights-of-way, including rec-
ommendations on practices— 
(1) to ensure safety; 
(2) to facilitate future highway maintenance 
and construction work; 
(3) to facilitate future maintenance work for 
the transmission lines; 
(4) to integrate transmission planning and 
siting into transportation planning; and 
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(5) to facilitate electrical needs for light-duty, 
medium-duty, and heavy-duty rapid charging infra-
structure on public roadways. 
TITLE III—MODERNIZATION OF 
ELECTRICITY RATEMAKING 
SEC. 301. REFLECTION OF THE COST OF GREENHOUSE GAS 
EMISSIONS IN RATES. 
Part II of the Federal Power Act (16 U.S.C. 824 et 
seq.) is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 230. REFLECTION OF THE COST OF GREENHOUSE 
GAS EMISSIONS IN RATES AND CHARGES. 
‘‘(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of the Clean Electricity and Trans-
mission Acceleration Act of 2023, the Commission shall 
issue regulations to require public utilities to reflect the 
cost of greenhouse gas emissions associated with the gen-
eration, transmission, and sale of electric energy subject 
to the jurisdiction of the Commission in the rates and 
charges for such generation, transmission, and sale in ac-
cordance with this section. 
‘‘(b) COST OF GREENHOUSE GAS EMISSIONS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Clean Electricity 
and Transmission Acceleration Act of 2023, the 
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Commission shall determine the cost of greenhouse 
gas emissions for the purpose of issuing regulations 
under subsection (a). 
‘‘(2) CONSIDERATION.—In determining such 
cost of greenhouse gas emissions, the Commission, 
in consultation with the Administrator of the Envi-
ronmental Protection Agency— 
‘‘(A) may consider— 
‘‘(i) Federal guidance or standards re-
lating to the social cost of carbon; and 
‘‘(ii) any other generally accepted 
Federal, State, or other methodology for 
determining the cost of greenhouse gas 
emissions; and 
‘‘(B) shall employ a discount rate that re-
flects the irreversibility of climate change. 
‘‘(c) JUST
AND REASONABLE.—Beginning on the 
date on which the regulation is issued under subsection 
(a), no rate or charge made, demanded, or received by a 
public utility for or in connection with the generation, 
transmission, or sale of electric energy subject to the juris-
diction of the Commission may be deemed just or reason-
able, under sections 205 or 206, unless such rate or charge 
reflects the cost of greenhouse gas emissions pursuant to 
the regulation issued under subsection (a).’’. 
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SEC. 302. FACILITATION OF PERFORMANCE-BASED RATE-
MAKING. 
Section 219 of the Federal Power Act (16 U.S.C. 
824s) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘this section’’ and inserting 
‘‘the Clean Electricity and Transmission Act of 
2023’’; 
(B) by inserting ‘‘and resilience’’ after 
‘‘ensuring reliability’’; 
(C) by striking ‘‘and’’ before ‘‘reducing’’ 
and inserting a comma; and 
(D) by inserting ‘‘, and reducing the green-
house gas emissions associated with delivered 
power,’’ after ‘‘delivered power’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘under this section’’ after 
‘‘The rule’’; and 
(B) in paragraph (1)— 
(i) by inserting ‘‘, resilient,’’ after 
‘‘promote reliable’’; and 
(ii) by inserting ‘‘, and the elimination 
of the greenhouse gas emissions associated 
with delivered power,’’ after ‘‘efficient 
transmission and generation of electricity’’; 
and 
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(3) in subsection (c), by inserting ‘‘on or after 
the date of enactment of the Clean Electricity and 
Transmission Act of 2023’’ after ‘‘joins a Trans-
mission Organization’’. 
TITLE 
IV—FACILITATION 
OF 
CLEAN 
ENERGY 
DEPLOY-
MENT ON PUBLIC LAND 
SEC. 401. DEFINITIONS. 
In this title: 
(1) COVERED LAND.—The term ‘‘covered land’’ 
means land that is— 
(A) Federal lands administered by the Sec-
retary; and 
(B) not excluded from the development of 
geothermal, solar, or wind energy under— 
(i) a land use plan; or 
(ii) other Federal law. 
(2) ENERGY
STORAGE
PROJECT.—The term 
‘‘energy storage project’’ means equipment that— 
(A) receives, stores, and delivers energy 
using batteries, compressed air, pumped hydro-
power, hydrogen storage (including hydrolysis), 
thermal energy storage, regenerative fuel cells, 
flywheels, capacitors, superconducting magnets, 
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or other technologies identified by the Secretary 
of Energy; and 
(B) has a capacity of not less than 5 kilo-
watt hours. 
(3) EXCLUSION
AREA.—The term ‘‘exclusion 
area’’ means covered land that is identified by the 
Bureau of Land Management as not suitable for de-
velopment of wind and solar energy projects. 
(4) FEDERAL LAND.—The term ‘‘Federal land’’ 
means— 
(A) public lands; and 
(B) lands of the National Forest System 
as described in section 11(a) of the Forest and 
Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1609(a)). 
(5) FUND.—The term ‘‘Fund’’ means the Re-
newable Energy Resource Conservation Fund estab-
lished by section 405(c)(1). 
(6) LAND
USE
PLAN.—The term ‘‘land use 
plan’’ means— 
(A) in regard to public lands, a land use 
plan established under the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 
et seq.); and 
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100 
(B) in regard to National Forest System 
lands, a land management plan approved, 
amended, or revised under section 6 of the For-
est and Rangeland Renewable Resources Plan-
ning Act of 1974 (16 U.S.C. 1604). 
(7) PRIORITY AREA.—The term ‘‘priority area’’ 
means covered land identified by the land use plan-
ning process of the Bureau of Land Management as 
being a preferred location for a wind and solar en-
ergy project, including a designated leasing area (as 
defined in section 2801.5(b) of title 43, Code of 
Federal Regulations (or a successor regulation)) that 
is identified under the rule of the Bureau of Land 
Management 
entitled 
‘‘Competitive 
Processes, 
Terms, and Conditions for Leasing Public Lands for 
Solar and Wind Energy Development and Technical 
Changes and Corrections’’ (81 Fed. Reg. 92122 
(December 19, 2016)) (or a successor regulation). 
(8) PUBLIC LANDS.—The term ‘‘public lands’’ 
has the meaning given that term in section 103(e) 
of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702(e)). 
(9) RENEWABLE ENERGY PROJECT.—The term 
‘‘renewable energy project’’— 
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101 
(A) means a project carried out on covered 
land that— 
(i) uses wind, solar, or geothermal en-
ergy to generate energy; or 
(ii) transmits electricity to support 
wind, solar, or geothermal energy genera-
tion; and 
(B) includes an energy storage project. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(11) VARIANCE
AREA.—The term ‘‘variance 
area’’ means covered land that is— 
(A) not an exclusion area; 
(B) not a priority area; and 
(C) identified through a transparent and 
inclusive public process by the Secretary as po-
tentially available for wind and solar energy de-
velopment that could be approved without a 
plan amendment, consistent with the principles 
of multiple use (as defined in the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.)). 
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102 
SEC. 402. ESTABLISHMENT OF NATIONAL GOAL FOR RE-
NEWABLE ENERGY PRODUCTION ON FED-
ERAL LAND. 
(a) IN GENERAL.—Not later than January 1, 2024, 
the Secretary, in consultation with the Secretary of Agri-
culture and the head of other relevant Federal agencies, 
shall establish updated national goals for renewable energy 
production on Federal land. 
(b) MINIMUM PRODUCTION GOAL.—The Secretary 
shall seek to issue permits that, in total, authorize produc-
tion of not less than 60 gigawatts of electricity from wind, 
solar, and geothermal energy projects by not later than 
December 31, 2030, through management of Federal land 
and administration of Federal laws. 
SEC. 403. REQUIREMENT FOR LAND USE PLANNING AND 
UPDATES 
TO 
PROGRAMMATIC 
ENVIRON-
MENTAL IMPACT STATEMENTS. 
(a) PRIORITY AREAS.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Energy, shall establish 
priority areas on covered land for solar and wind en-
ergy projects, consistent with the principles of mul-
tiple use (as defined in the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.)) 
and the renewable energy permitting goal enacted by 
the Consolidated Appropriations Act of 2021 (Public 
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103 
Law 116–260). Among applications for a given re-
newable energy source, proposed projects located in 
priority areas for that renewable energy source 
shall— 
(A) be given the highest priority for 
incentivizing deployment thereon; and 
(B) be offered the opportunity to partici-
pate in any regional mitigation plan developed 
for the relevant priority areas. 
(2) ESTABLISHING PRIORITY AREAS.— 
(A) SOLAR
ENERGY.—For solar energy, 
the Secretary shall finalize the document enti-
tled ‘‘Solar Programmatic Environmental Im-
pact Statement’’ (87 Fed. Reg. 75284 (Decem-
ber 8, 2022)), as soon as practicable, but not 
later than 18 months after the date of the en-
actment of this Act. 
(B) WIND ENERGY.—For wind energy, the 
Secretary shall complete a process to consider 
establishing additional wind priority areas as 
soon as practicable, but not later than 3 years, 
after the date of the enactment of this Act. 
(b) VARIANCE AREAS.—Variance areas shall be con-
sidered for wind and solar energy project development, 
consistent with the principles of multiple use (as defined 
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104 
in the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.)) and the renewable energy per-
mitting goal enacted by the Consolidated Appropriations 
Act of 2021 (Public Law 116–260). Applications for a 
given renewable energy source located in those variance 
areas shall be timely processed in order to assist in meet-
ing that goal. 
(c) REVIEW AND MODIFICATION.— 
(1) IN GENERAL.—Not less than once every 10 
years, the Secretary shall— 
(A) after an opportunity for public com-
ment, review the adequacy of land allocations 
for solar and wind energy priority, exclusion, 
and variance areas, and areas open or closed to 
geothermal leasing, for the purpose of encour-
aging and facilitating new renewable energy de-
velopment opportunities while avoiding, mini-
mizing, and compensating for adverse impacts 
to other public uses and values of public land, 
including wildlife habitat, listed species, water 
resources, cultural resources, recreational uses, 
lands with wilderness characteristics, lands with 
special management designations, cultural re-
sources, and areas of Tribal importance; and 
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105 
(B) based on the review carried out under 
subparagraph (A), add, modify, or eliminate 
priority, variance, and exclusion areas, and 
areas open or closed to geothermal leasing. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to the renewable energy land use planning 
published in the Desert Renewable Energy Con-
servation Plan developed by the California Energy 
Commission, the California Department of Fish and 
Wildlife, the Bureau of Land Management, and the 
United States Fish and Wildlife Service until Janu-
ary 1, 2030. 
(d) COMPLIANCE WITH THE NATIONAL ENVIRON-
MENTAL POLICY ACT.—For the purposes of this section, 
compliance with the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished 
as follows: 
(1) GEOTHERMAL ENERGY.—In regard to geo-
thermal energy, by updating the document entitled 
‘‘Final Programmatic Environmental Impact State-
ment for Geothermal Leasing in the Western United 
States’’, dated October 2008, and incorporating any 
additional regional analyses that have been com-
pleted by Federal agencies since that programmatic 
environmental impact statement was finalized. 
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106 
(2) SOLAR ENERGY.—In regard to solar energy, 
by updating the document entitled ‘‘Final Pro-
grammatic Environmental Impact Statement (PEIS) 
for Solar Energy Development in Six Southwestern 
States’’, dated July 2012, and incorporating any ad-
ditional regional analyses that have been completed 
by Federal agencies since that programmatic envi-
ronmental impact statement was finalized. 
(3) WIND ENERGY.—In regard to wind energy, 
by updating the document entitled ‘‘Final Pro-
grammatic Environmental Impact Statement on 
Wind Energy Development on BLM–Administered 
Lands in the Western United States’’, dated July 
2005, and incorporating any additional regional 
analyses that have been completed by Federal agen-
cies since the programmatic environmental impact 
statement was finalized. 
(e) NO EFFECT ON PROCESSING SITE SPECIFIC AP-
PLICATIONS.—There shall be no changes in any require-
ments to conduct site specific environmental review and 
processing of permits for proposed projects during prepa-
ration of an updated programmatic environmental impact 
statement, resource management plan, or resource man-
agement plan amendment. 
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(f) COORDINATION.—In developing updates required 
by this section, the Secretary shall coordinate, on an ongo-
ing basis, with appropriate State, Tribal, and local govern-
ments, transmission infrastructure owners and operators, 
developers, and other appropriate entities to ensure that 
priority areas identified by the Secretary are— 
(1) economically viable (including having access 
to existing or planned transmission lines); 
(2) likely to avoid, minimize, and compensate 
for impacts to fish, wildlife, plants, and their habi-
tats, recreation, lands with wilderness characteris-
tics, lands with special management designations, 
cultural resources, areas of Tribal importance, and 
other uses of covered land; 
(3) prioritized on previously disturbed lands, in-
cluding commercial and industrial lands, mine lands, 
and previously contaminated sites; and 
(4) consistent with section 202 of the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1712), including subsection (c)(9) of that 
section (43 U.S.C. 1712(c)(9)). 
SEC. 404. LIMITED EXEMPTIONS FROM NEW REQUIRE-
MENTS. 
(a) REQUIREMENT TO PAY RENTS AND FEES.—Un-
less otherwise agreed to by the owner of a project, the 
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owner of a project that applied for a right-of-way under 
section 501 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1761) on or before December 19, 
2016, shall be obligated to pay with respect to the right- 
of-way all rents and fees in effect before the effective date 
of the rule of the Bureau of Land Management entitled 
‘‘Competitive Processes, Terms, and Conditions for Leas-
ing Public Lands for Solar and Wind Energy Development 
and Technical Changes and Corrections’’ (81 Fed. Reg. 
92122 (December 19, 2016)). 
(b) DEFINITION OF PROJECT.—In this section, the 
term ‘‘project’’ means a system described in section 
2801.9(a)(4) of title 43, Code of Federal Regulations (as 
in effect on the date of the enactment of this Act). 
SEC. 405. DISTRIBUTION OF REVENUES. 
(a) DISPOSITION OF REVENUES.— 
(1) AVAILABILITY.—Except as provided in 
paragraph (2), beginning on January 1, 2024, of 
amounts collected from a wind or solar project as 
bonus bids, rentals, fees, or other payments under a 
right-of-way, permit, lease, or other authorization 
the following shall be made available, without fur-
ther appropriation or fiscal year limitation, as fol-
lows: 
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(A) 25 percent shall be paid by the Sec-
retary of the Treasury to the State within the 
boundaries of which the revenue is derived. 
(B) 25 percent shall be paid by the Sec-
retary of the Treasury to the one or more coun-
ties within the boundaries of which the revenue 
is derived, to be allocated among the counties 
based on the percentage of land from which the 
revenue is derived. 
(C) 25 percent shall be deposited in the 
Treasury and be made available to the Sec-
retary to carry out the program established 
under this Act, including the transfer of the 
funds by the Bureau of Land Management to 
other Federal agencies and State agencies to fa-
cilitate the processing of renewable energy per-
mits on Federal land, with priority given to 
using the amounts, to the maximum extent 
practicable without detrimental impacts to 
emerging markets, to expediting the issuance of 
permits required for the development of renew-
able energy projects in the States from which 
the revenues are derived. 
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110 
(D) 25 percent shall be deposited in the 
Renewable Energy Resource Conservation Fund 
established by subsection (c). 
(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to the following: 
(A) 
Amounts 
collected 
under 
section 
504(g) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1764(g)). 
(B) Amounts deposited into the National 
Parks and Public Land Legacy Restoration 
Fund under section 200402(b) of title 54, 
United States Code. 
(3) RULEMAKING FOR PROJECTS LOCATED IN 
MULTIPLE STATES.—Not later than 180 days after 
the date of enactment of this Act, the Secretary 
shall finalize a rule establishing a formula for the 
disposition of revenues provided under subparagraph 
(A) when a solar or wind energy project is located 
in more than one State. 
(b) PAYMENTS TO STATES AND COUNTIES.— 
(1) IN GENERAL.—Amounts paid to States and 
counties under subsection (a)(1) shall be used con-
sistent with section 35 of the Mineral Leasing Act 
(30 U.S.C. 191). 
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111 
(2) PAYMENTS IN LIEU OF TAXES.—A payment 
to a county under paragraph (1) shall be in addition 
to a payment in lieu of taxes received by the county 
under chapter 69 of title 31, United States Code. 
(c) RENEWABLE ENERGY RESOURCE CONSERVATION 
FUND.— 
(1) IN GENERAL.—There is established in the 
Treasury a fund to be known as the Renewable En-
ergy Resource Conservation Fund, which shall be 
administered by the Secretary, in consultation with 
the Secretary of Agriculture. 
(2) USE OF FUNDS.—The Secretary may make 
amounts in the Fund available to Federal, State, 
local, and Tribal agencies to be distributed in re-
gions in which renewable energy projects are located 
on Federal land. Such amounts may be used to— 
(A) restore and protect— 
(i) fish and wildlife habitat for af-
fected species; 
(ii) fish and wildlife corridors for af-
fected species; and 
(iii) wetlands, streams, rivers, and 
other natural water bodies in areas af-
fected by wind, geothermal, or solar energy 
development; and 
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(B) preserve and improve recreational ac-
cess to Federal land and water in an affected 
region through an easement, right-of-way, or 
other instrument from willing landowners for 
the purpose of enhancing public access to exist-
ing Federal land and water that is inaccessible 
or restricted. 
(3) PARTNERSHIPS.—The Secretary may enter 
into cooperative agreements with State and Tribal 
agencies, nonprofit organizations, and other appro-
priate entities to carry out the activities described in 
paragraph (2). 
(4) INVESTMENT OF FUND.— 
(A) IN GENERAL.—Amounts deposited in 
the Fund shall earn interest in an amount de-
termined by the Secretary of the Treasury on 
the basis of the current average market yield on 
outstanding marketable obligations of the 
United States of comparable maturities. 
(B) USE.—Interest earned under subpara-
graph (A) may be expended in accordance with 
this subsection. 
(5) REPORT TO CONGRESS.—At the end of each 
fiscal year, the Secretary shall submit a report to 
the Committee on Natural Resources of the House 
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of Representatives and the Committee on Energy 
and Natural Resources of the Senate that includes 
a description of— 
(A) the amount collected as described in 
subsection (a), by source, during that fiscal 
year; 
(B) the amount and purpose of payments 
during that fiscal year to each Federal, State, 
local, and Tribal agency under paragraph (2); 
and 
(C) the amount remaining in the Fund at 
the end of the fiscal year. 
(6) INTENT OF CONGRESS.—It is the intent of 
Congress that the revenues deposited and used in 
the Fund shall supplement (and not supplant) an-
nual appropriations for activities described in para-
graph (2). 
SEC. 406. INCENTIVES FOR RENEWABLE ENERGY DEVELOP-
MENT IN PRIORITY AREAS. 
The Secretary may establish, by regulation, incen-
tives to be provided to owners of wind and solar energy 
projects in priority areas established under section 403. 
SEC. 407. SAVINGS CLAUSE. 
Notwithstanding any other provision of this title, the 
Secretary shall continue to manage public lands under the 
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principles of multiple use and sustained yield in accord-
ance with title I of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest 
and Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1600 et seq.), as applicable, including 
due consideration of mineral and nonrenewable energy-re-
lated projects and other nonrenewable energy uses, for the 
purposes of land use planning, permit processing, and con-
ducting environmental reviews. 
TITLE 
V—MODERNIZATION 
OF 
OFFSHORE RENEWABLE EN-
ERGY PERMITTING 
SEC. 501. ESTABLISHMENT OF NATIONAL OFFSHORE WIND 
PERMITTING TARGET. 
(a) IN GENERAL.—The Secretary of the Interior 
shall, in consultation with the Secretary of Energy and 
other relevant Federal agencies and State governments, 
establish and periodically update national goals for off-
shore wind energy production on the Outer Continental 
Shelf. 
(b) MINIMUM PRODUCTION REQUIREMENTS
FOR 
2030 AND 2035.—Through management of the Outer 
Continental Shelf and administration of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Sec-
retary of the Interior shall seek to issue permits that, in 
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total, authorize production of electricity from offshore 
wind energy projects of not less than— 
(1) 30 gigawatts of electricity by not later than 
2030; and 
(2) 50 gigawatts of electricity by not later than 
2035. 
SEC. 502. INCREASED RESPONSIBLE DEVELOPMENT OF 
OFFSHORE RENEWABLE ENERGY PROJECTS. 
(a) DEFINITIONS.—Section 2 of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331) is amended— 
(1) in the second subsection (r), as added by 
section 50251(b)(1)(A)(iv) of Public Law 117– 
169— 
(A) by redesignating such subsection (r) as 
subsection (t); and 
(B) by inserting after the enumerator 
‘‘STATE.—’’; and 
(2) by adding at the end the following: 
‘‘(u) OFFSHORE RENEWABLE ENERGY PROJECT.— 
The term ‘offshore renewable energy project’ means a 
project to carry out an activity described in section 
8(p)(1)(C) related to wind, solar, wave, or tidal energy.’’. 
(b) NATIONAL POLICY
FOR
THE OUTER CONTI-
NENTAL SHELF.—Section 3 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1332) is amended— 
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(1) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) the outer Continental Shelf is a vital na-
tional resource reserve held by the Federal Govern-
ment for the public, which should be made available 
for expeditious and orderly development, subject to 
environmental safeguards and coexistence with other 
ocean users, in a manner which includes— 
‘‘(A) supporting the generation, trans-
mission, and storage of zero-emission electricity; 
and 
‘‘(B) the maintenance of competition and 
other national needs, including the need to 
achieve State and Federal zero-emission elec-
tricity or renewable energy mandates, targets, 
and goals;’’; 
(2) by redesignating paragraphs (5) and (6) as 
paragraphs (6) and (7), respectively; and 
(3) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) the identification, development, and pro-
duction of lease areas for offshore renewable energy 
projects should be determined by a robust and trans-
parent stakeholder process that incorporates engage-
ment and input from a diverse group of ocean users 
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and other impacted stakeholders, and Federal, 
State, Tribal, and local governments;’’. 
(c) LEASES, EASEMENTS, AND RIGHTS-OF-WAY ON 
THE OUTER CONTINENTAL SHELF.—Section 8(p) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)) 
is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (B)— 
(i) by striking ‘‘27’’ and inserting 
‘‘17’’; 
(ii) by striking ‘‘three’’ and inserting 
‘‘100’’; and 
(iii) by striking ‘‘15’’ and inserting 
‘‘100’’; and 
(B) by adding at the end the following: 
‘‘(C) PAYMENTS FOR CONSERVATION AND MITI-
GATION ACTIVITIES.— 
‘‘(i) IN
GENERAL.—Notwithstanding sec-
tion 9, the Secretary shall, without appropria-
tion or fiscal year limitation, use 10 percent of 
the revenue received by the Federal Govern-
ment from royalties, fees, rents, bonuses, and 
other payments from any lease, easement, or 
right-of-way granted under this subsection to 
provide grants to— 
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‘‘(I) State, local, and Tribal govern-
ments, and regional partnerships thereof, 
including Regional Ocean Partnerships, 
Regional Wildlife Science Collaboratives, 
and other similar organizations; and 
‘‘(II) nonprofit organizations. 
‘‘(ii) USE
OF
GRANTS.—Grants provided 
under clause (i) shall be used for carrying out 
activities related to marine and coastal habitat 
protection and restoration, mitigation of dam-
age to natural resources and marine life that 
results from activities authorized by this sub-
section, relevant research and data sharing ini-
tiatives, or increasing the organizational capac-
ity of an entity described in subclause (I) or 
(II) of clause (i) to increase the effectiveness of 
entities that carry out such activities. 
‘‘(D) OFFSHORE
RENEWABLE
ENERGY
COM-
PENSATION FUND.—Notwithstanding section 9, the 
Secretary shall, without appropriation or fiscal year 
limitation, deposit 10 percent of the revenue received 
by the Federal Government from royalties, fees, 
rents, bonuses, and other payments from any lease, 
easement, or right-of-way granted under this sub-
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119 
section into the Offshore Renewable Energy Com-
pensation Fund established under section 34.’’; 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) LEASING.— 
‘‘(A) COMPETITIVE
OR
NONCOMPETITIVE 
BASIS.—The Secretary shall issue a lease, ease-
ment, or right-of-way under paragraph (1) on a 
competitive basis unless the Secretary deter-
mines after public notice of a proposed lease, 
easement, or right-of-way that there is no com-
petitive interest. 
‘‘(B) SCHEDULE
OF
OFFSHORE
RENEW-
ABLE
ENERGY
LEASE
SALES.—The Secretary 
shall, after providing an opportunity for public 
notice and comment, publish and periodically 
update a schedule of areas that may be avail-
able for leasing in the future for offshore re-
newable energy projects, indicating, to the ex-
tent possible, the timing of site identification 
activities, the timing of designation of any area 
to be leased, the anticipated size of such areas, 
the timing of lease sales, and the location of 
leasing activities. 
‘‘(C) MULTI-FACTOR BIDDING.— 
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120 
‘‘(i) IN
GENERAL.—The Secretary 
may consider non-monetary factors when 
competitively awarding leases under para-
graph (1), which may include commitments 
made by the bidder to— 
‘‘(I) support educational, train-
ing, and skills development, including 
supporting or increasing access to reg-
istered apprenticeship programs and 
pre-apprenticeship programs that have 
an articulation agreement with a reg-
istered apprenticeships program for 
offshore renewable energy projects; 
‘‘(II) support development of do-
mestic supply chains for offshore re-
newable energy projects, including de-
velopment of ports and other energy 
infrastructure necessary to facilitate 
offshore renewable energy projects; 
‘‘(III) establish a community 
benefit agreement with one or more 
community or stakeholder groups that 
may be impacted by the development 
and operation of an offshore renew-
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121 
able energy project, which may in-
clude covered entities; 
‘‘(IV) make investments to evalu-
ate, monitor, improve, and mitigate 
impacts to the health and biodiversity 
of ecosystems and wildlife from the 
development and operation of an off-
shore renewable energy project; 
‘‘(V) support the development 
and use of shared transmission infra-
structure connecting to offshore re-
newable energy projects; and 
‘‘(VI) make other investments de-
termined appropriate by the Sec-
retary. 
‘‘(ii) CONTRACTUAL COMMITMENTS.— 
When considering non-monetary factors 
under this subparagraph, the Secretary 
may— 
‘‘(I) evaluate the quality of com-
mitments made by the bidder; and 
‘‘(II) reward finalized binding 
agreements above assurances for fu-
ture commitments. 
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‘‘(iii) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) 
COVERED
ENTITY.—The 
term ‘covered entity’ has the meaning 
given such term in section 34(k). 
‘‘(II) REGISTERED APPRENTICE-
SHIP PROGRAM.—The term ‘registered 
apprenticeship program’ means an ap-
prenticeship program registered under 
the Act of August 16, 1937 (com-
monly known as the National Appren-
ticeship Act; 50 Stat. 664, chapter 
663; 29 U.S.C. 50 et seq.).’’; 
(3) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
ensure that any activity under this subsection is 
carried out in a manner that provides for— 
‘‘(i) safety; 
‘‘(ii) protection of the environment, 
which includes facilitation of the genera-
tion, transmission, and storage of zero- 
emission electricity; 
‘‘(iii) prevention of waste; 
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‘‘(iv) conservation of the natural re-
sources of the outer Continental Shelf; 
‘‘(v) coordination with relevant Fed-
eral agencies and State, Tribal, and local 
governments; 
‘‘(vi) protection of national security 
interests of the United States; 
‘‘(vii) protection of correlative rights 
in the outer Continental Shelf; 
‘‘(viii) a fair return to the United 
States for any lease, easement, or right-of- 
way under this subsection; 
‘‘(ix) reasonable uses (as determined 
by the Secretary) of the exclusive economic 
zone, the high seas, and the territorial 
seas; 
‘‘(x) consideration of— 
‘‘(I) the location of, and any 
schedule relating to, a lease, ease-
ment, or right-of-way for an area of 
the outer Continental Shelf; and 
‘‘(II) any other use of the sea or 
seabed, including use for a fishery, a 
sealane, a potential site of a deep-
water port, or navigation; 
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‘‘(xi) public notice and comment on 
any proposal submitted for a lease, ease-
ment, or right-of-way under this sub-
section; 
‘‘(xii) oversight, inspection, research, 
monitoring, and enforcement relating to a 
lease, easement, or right-of-way under this 
subsection; and 
‘‘(xiii) satisfaction of any applicable 
State and Federal renewable and clean en-
ergy mandates, targets, and goals. 
‘‘(B) PROJECT LABOR AGREEMENTS.— 
‘‘(i) IN
GENERAL.—Beginning not 
later than January 1, 2025, the Secretary 
shall require, as a term or condition of 
each lease, right-of-way, and easement, as 
applicable, for an offshore renewable en-
ergy project that the holder of the lease, 
right-of-way, or easement, (and any suc-
cessor or assignee) and its agents, contrac-
tors, and subcontractors engaged in the 
construction of any facilities for such off-
shore renewable energy project agree, for 
purposes of such construction, to negotiate 
and become a party to a project labor 
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agreement with one or more labor organi-
zations. A project labor agreement shall 
bind all contractors and subcontractors on 
the project through the inclusion of appro-
priate specifications in all relevant solicita-
tion provisions and contract documents. 
The Secretary shall not approve a con-
struction and operations plan with respect 
to any offshore renewable energy project 
until being assured by the lessee that such 
project labor agreement will be maintained 
for the duration of the project. 
‘‘(ii) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) CONSTRUCTION.—The term 
‘construction’ includes reconstruction, 
rehabilitation, modernization, alter-
ation, conversion, extension, repair, or 
improvement of any facility, structure, 
or other real property (including any 
onshore facilities) for an offshore re-
newable energy project. 
‘‘(II) LABOR
ORGANIZATION.— 
The term ‘labor organization’ means a 
labor organization as defined in sec-
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tion 2(5) of the National Labor Rela-
tions Act (29 U.S.C. 152(5))— 
‘‘(aa) of which building and 
construction employees are mem-
bers; and 
‘‘(bb) 
that 
directly, 
or 
through its affiliates, sponsors a 
registered 
apprenticeship 
pro-
gram. 
‘‘(III) PROJECT
LABOR
AGREE-
MENT.—The 
term 
‘project 
labor 
agreement’ means a pre-hire collective 
bargaining agreement with one or 
more labor organizations that estab-
lishes the terms and conditions of em-
ployment for a specific construction 
project and is an agreement described 
in section 8(e) and (f) of the National 
Labor Relations Act (29 U.S.C. 
158(f)). 
‘‘(IV) REGISTERED APPRENTICE-
SHIP PROGRAM.—The term ‘registered 
apprenticeship program’ means an ap-
prenticeship program registered under 
the Act of August 16, 1937 (com-
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monly known as the National Appren-
ticeship Act; 50 Stat. 664, chapter 
663; 29 U.S.C. 50 et seq.). 
‘‘(C) DOMESTIC CONTENT.— 
‘‘(i) IN
GENERAL.—With respect to 
the construction of facilities for an offshore 
renewable energy project that begins after 
January 1, 2032, the Secretary shall re-
quire that— 
‘‘(I) all structural iron and steel 
products that are (upon completion of 
construction) components of such fa-
cilities for an offshore renewable en-
ergy project shall be produced in the 
United States; and 
‘‘(II) not less than 80 percent of 
the total costs of all manufactured 
products that are (upon completion of 
construction) components of such fa-
cilities shall be attributable to manu-
factured products which are mined, 
produced, or manufactured in the 
United States. 
‘‘(ii) WAIVER.—The Secretary may 
waive the requirements of clause (i) in any 
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case or category of cases in which the Sec-
retary finds that— 
‘‘(I) applying clause (i) would be 
inconsistent with the public interest; 
‘‘(II) such products are not pro-
duced in the United States in suffi-
cient and reasonably available quan-
tities and of a satisfactory quality; or 
‘‘(III) the use of such products 
will increase the cost of the overall 
project by more than 25 percent. 
‘‘(iii) PUBLIC NOTIFICATION.—If the 
Secretary receives a request for a waiver 
under this subparagraph, the Secretary 
shall make available to the public a copy of 
the request and information available to 
the Secretary concerning the request, and 
shall allow for informal public input on the 
request for at least 15 business days prior 
to making a finding based on the request. 
The Secretary shall make the request and 
accompanying information available to the 
public by electronic means, including on 
the official public Internet site of the De-
partment of the Interior. 
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‘‘(iv) 
INTERNATIONAL
AGREE-
MENTS.—This paragraph shall be applied 
in a manner consistent with United States 
obligations 
under 
international 
agree-
ments.’’; 
(4) by amending paragraph (7) to read as fol-
lows: 
‘‘(7) COORDINATION AND CONSULTATION.—The 
Secretary shall provide for coordination and con-
sultation with— 
‘‘(A) the Governor of any State or the ex-
ecutive of any local government that may be af-
fected by a lease, easement, or right-of-way 
under this subsection; and 
‘‘(B) Indian Tribes (following the proce-
dures of the President’s Memorandum of Uni-
form Standards for Tribal Consultation, issued 
on November 30, 2022 (87 Fed. Reg. 74479), 
or any subsequent order) before undertaking 
any activities under this subsection that may 
have a direct, indirect, or cumulative impact 
on— 
‘‘(i) the land, including allotted, 
ceded, or traditional land, or interests in 
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130 
such land of an Indian Tribe or member of 
an Indian Tribe; 
‘‘(ii) Tribal land, cultural practices, 
resources, or access to traditional areas of 
cultural or religious importance; 
‘‘(iii) any part of any Federal land 
that shares a border with Indian country, 
as such term is defined in section 1151 of 
title 18, United States Code; 
‘‘(iv) the protected rights of an Indian 
Tribe, whether or not such rights are enu-
merated in a treaty, including water, hunt-
ing, gathering, and fishing rights; 
‘‘(v) the ability of an Indian Tribe to 
govern or provide services to members of 
the Indian Tribe; 
‘‘(vi) the relationship between the 
Federal Government and an Indian Tribe; 
or 
‘‘(vii) the trust responsibility of the 
Federal Government to an Indian Tribe.’’; 
(5) by amending paragraph (10) to read as fol-
lows: 
‘‘(10) APPLICABILITY.— 
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‘‘(A) IN GENERAL.—This subsection does 
not apply to any area on the outer Continental 
Shelf within the exterior boundaries of any unit 
of the National Park System, National Wildlife 
Refuge System, or National Marine Sanctuary 
System, or any National Monument. 
‘‘(B) 
CERTAIN
TRANSMISSION
INFRA-
STRUCTURE.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
subparagraph (A), if otherwise authorized 
pursuant to the National Marine Sanc-
tuaries Act (16 U.S.C. 1431 et seq.), the 
Secretary may issue a lease, easement, or 
right-of-way to enable the transmission of 
electricity generated by an offshore renew-
able energy project. 
‘‘(ii) TERMS
AND
CONDITIONS.—In 
issuing a lease, easement, or right-of-way 
under clause (i), the Secretary may ap-
prove and regulate the construction and 
operation of such transmission facilities 
(including electrical substations and other 
related infrastructure) for the transmission 
of electricity generated by such projects in 
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132 
a manner that minimizes environmental 
impacts. 
‘‘(iii) COORDINATION.—In regulating 
the construction and operation of trans-
mission facilities and related infrastructure 
under clause (ii), the Secretary shall co-
ordinate with the Secretary of Commerce 
to ensure the duration of any necessary 
authorizations of such facilities under the 
National Marine Sanctuaries Act aligns 
with the duration of the relevant leases, 
easements, or rights-of-way issued under 
clause (i).’’; and 
(6) by adding at the end the following: 
‘‘(11) PLANNING AREA IMPACT STUDIES.— 
‘‘(A) IN GENERAL.—Beginning three years 
after the date of enactment of this paragraph, 
before holding any lease sale pursuant to para-
graph (1) for an area, the Secretary shall con-
duct a study of such area, or the wider plan-
ning area that includes such area, in order to 
establish information needed for assessment 
and management of the environmental impacts 
on the human, marine, and coastal environ-
ments of the outer Continental Shelf and the 
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133 
coastal areas which may be affected by offshore 
renewable energy projects in such area or plan-
ning area. 
‘‘(B) INCLUSIONS.—A study conducted 
under subparagraph (A) shall— 
‘‘(i) incorporate the best available ex-
isting science and data; 
‘‘(ii) identify areas for which there is 
insufficient science and data; and 
‘‘(iii) include consideration of the cu-
mulative impacts (including potential navi-
gational impacts) of offshore renewable en-
ergy projects on human, marine, and 
coastal environments. 
‘‘(C) USE OF DATA AND ASSESSMENTS.— 
The Secretary shall use the data and assess-
ments included in studies conducted under this 
paragraph, as appropriate, when deciding— 
‘‘(i) which portions of an area or re-
gion are most appropriate to make avail-
able for leasing; and 
‘‘(ii) whether to issue any permit or 
other authorization that is necessary to 
carry out an offshore renewable energy 
project. 
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134 
‘‘(D) NEPA APPLICABILITY.—The Sec-
retary shall not consider a study conducted 
under subparagraph (A) to be a major Federal 
action under section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)). 
‘‘(12) CAPACITY
BUILDING
AND
COMMUNITY 
ENGAGEMENT.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the Secretary of Commerce, may 
award grants to entities to build organizational 
capacity and enhance engagement opportunities 
related to offshore renewable energy project de-
velopment, including environmental reviews and 
permitting activities of such projects. 
‘‘(B) PURPOSES.—Grants awarded under 
subparagraph (A) shall be used by entities to— 
‘‘(i) enable States, Indian Tribes, af-
fected ocean users, and nonprofit associa-
tions that represent affected ocean users to 
compile data, conduct analyses, educate 
stakeholders, and complete other activities 
relating to offshore renewable energy 
project development; 
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135 
‘‘(ii) engage in planning activities and 
in the development of offshore wind 
projects for the purposes of— 
‘‘(I) determining potential eco-
nomic, social, public health, and envi-
ronmental benefits and impacts; and 
‘‘(II) identifying opportunities to 
mitigate such impacts; 
‘‘(iii) facilitate siting of offshore re-
newable energy projects and associated 
electric transmission infrastructure; and 
‘‘(iv) hire and train personnel, and 
other activities designed to increase the ca-
pacity of States, Indian Tribes, and non-
profit associations, as applicable, to carry 
out activities described in clauses (i) 
through (iii). 
‘‘(C) PRIORITIZATION.—When awarding 
grants under subparagraph (A), the Secretary 
shall prioritize awarding grants that will be 
used to build organizational capacity and en-
hance community engagement opportunities of 
Indian Tribes. 
‘‘(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
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priated to the Secretary to carry out this para-
graph $25,000,000 for each of fiscal years 
2024 through 2028.’’. 
(d) RESERVATIONS.—Section 12(a) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1341(a)) is 
amended to read as follows— 
‘‘(a) WITHDRAWAL OF UNLEASED LANDS BY THE 
PRESIDENT.— 
‘‘(1) IN
GENERAL.—The President of the 
United States may, from time to time, withdraw 
from disposition any of the unleased lands of the 
outer Continental Shelf. 
‘‘(2) REVERSAL FOR CERTAIN OFFSHORE RE-
NEWABLE ENERGY PROJECTS.—With respect to a 
withdrawal under paragraph (1) of unleased lands 
from disposition, the President may reverse such a 
withdrawal only to allow for leasing under section 
(8)(p)(1)(C) and only if the President determines 
that environmental, national security, or national or 
regional energy conditions or demands have changed 
such that a reversal would be in the public inter-
est.’’. 
(e) CITIZEN SUITS, COURT JURISDICTION, AND JU-
DICIAL REVIEW.—Section 23(c)(2) of the Outer Conti-
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137 
nental Shelf Lands Act (43 U.S.C. 1349(c)(2)) is amend-
ed to read as follows: 
‘‘(2) Any action of the Secretary to approve, require 
modification of, or disapprove any exploration plan or de-
velopment and production plan under this Act, or any 
plan, final lease, easement, or right-of-way granted pursu-
ant to section (8)(p)(1) (and any related final Federal 
agency actions), shall be subject to judicial review only in 
a United States court of appeals for a circuit in which 
an affected State is located.’’. 
(f) UPDATING REGULATIONS.—Not later than 270 
days after the date of enactment of this section, the Sec-
retary of the Interior shall issue any necessary regulations 
to carry out this section and the amendments made by 
this section. 
SEC. 503. ESTABLISHMENT OF OFFSHORE RENEWABLE EN-
ERGY COMPENSATION FUND. 
The Outer Continental Shelf Lands Act (43 U.S.C. 
1331 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 34. OFFSHORE RENEWABLE ENERGY COMPENSATION 
FUND. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States the Offshore Renewable 
Energy Compensation Fund, which shall be used by the 
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138 
Secretary, or a third-party the Secretary enters into a con-
tract with, to provide to covered entities— 
‘‘(1) payments for claims— 
‘‘(A) described under subsection (f)(1); and 
‘‘(B) 
verified 
pursuant 
to 
subsection 
(d)(1); and 
‘‘(2) grants to carry out mitigation activities de-
scribed in subsection (f)(2). 
‘‘(b) AVAILABILITY OF FUND.—The Fund shall be 
available to the Secretary without fiscal year limitations 
for the purpose of providing payments and grants under 
subsection (a). 
‘‘(c) ACCOUNTS.—The Fund shall— 
‘‘(1) consist of the royalties, fees, rents, bo-
nuses, and other payments deposited under section 
8(p)(2)(D); and 
‘‘(2) be divided into separate area accounts 
from which payments and grants shall be provided 
based on the area in which damages occur. 
‘‘(d) REGULATIONS.—The Secretary shall establish, 
by regulation, a process to— 
‘‘(1) file, process, and verify claims for purposes 
of providing payments under subsection (a)(1); and 
‘‘(2) apply for a grant provided under sub-
section (a)(2). 
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139 
‘‘(e) PAYMENT AMOUNT.—Payments provided under 
subsection (a)(1) shall— 
‘‘(1) be based on the scope of the verified claim; 
‘‘(2) be fair and provided efficiently and in a 
transparent manner; and 
‘‘(3) if the covered entity receiving the payment 
has or will receive direct compensation for the 
verified claim pursuant to a community benefit 
agreement or other agreement between such covered 
entity and a holder of a lease, easement, or right- 
of-way, be reduced by an amount that is equal to the 
amount of such direct compensation. 
‘‘(f) CLAIMS; MITIGATION GRANTS.— 
‘‘(1) CLAIMS.—A payment may be provided 
under subsection (a)(1) for a verified claim to— 
‘‘(A) replace or repair gear that was lost or 
damaged by the development, construction, op-
eration, or decommissioning of an offshore re-
newable energy project; or 
‘‘(B) replace income that was lost from the 
development, construction, operation, or decom-
missioning of an offshore renewable energy 
project. 
‘‘(2) MITIGATION
GRANTS.—If the Secretary 
determines that there are sufficient amounts in an 
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140 
area account of the Fund to provide payments for 
all verified claims at any given time, the Secretary 
may use amounts in the Fund to provide grants to 
covered entities, and other entities determined ap-
propriate by the Secretary, to mitigate the potential 
effects of development, construction, operation, and 
decommissioning of an offshore renewable energy 
project, including by paying for gear changes, navi-
gation technology improvements, and other measures 
to enhance the safety and resiliency of the covered 
entities near an offshore renewable energy project. 
‘‘(g) ADVISORY GROUP.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and regularly convene an advisory group that 
shall provide recommendations on the development 
and administration of this section. 
‘‘(2) 
MEMBERSHIP.—The 
advisory 
group 
shall— 
‘‘(A) be comprised of individuals— 
‘‘(i) appointed by the Secretary; and 
‘‘(ii) representing the geographic di-
versity of areas impacted by the develop-
ment, construction, operation, or decom-
missioning of offshore renewable energy 
projects; and 
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141 
‘‘(B) include representatives from— 
‘‘(i) recreational fishing interests; 
‘‘(ii) commercial fishing interests; 
‘‘(iii) Tribal fishing interests; 
‘‘(iv) the National Marine Fisheries 
Services; 
‘‘(v) the fisheries science community; 
and 
‘‘(vi) other fields of expertise nec-
essary to effectively develop and administer 
this section, as determined by the Sec-
retary. 
‘‘(3) TRAVEL EXPENSES.—The Secretary may 
provide amounts to any member of the advisory 
group to pay for travel expenses, including per diem 
in lieu of subsistence, at rates authorized for an em-
ployee of an agency under section 5703 of title 5, 
United States Code, while away from the home or 
regular place of business of the member in the per-
formance of the duties of the advisory group. 
‘‘(h) INSUFFICIENT FUNDS.— 
‘‘(1) IN GENERAL.—If the Secretary determines 
that an area account does not contain a sufficient 
amount to provide payments under subsection 
(a)(1), the Secretary may, not more than once each 
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calendar year, require any holder of an offshore re-
newable energy lease located within the area covered 
by the area account to pay an amount specified by 
the Secretary, which shall be deposited into such 
area account. 
‘‘(2) AMOUNT.—No holder of an offshore re-
newable energy lease shall be required to pay an 
amount under paragraph (1) in excess of $3 per 
acre of the leased land described in paragraph (1). 
‘‘(i) ADMINISTRATIVE EXPENSES.—The Secretary 
may use up to 15 percent of the amount deposited into 
the Fund under section 8(p)(2)(D) during a given fiscal 
year for administrative expenses to carry out this section. 
‘‘(j) ANNUAL REPORT.—The Secretary shall submit 
to Congress, and make publicly available, an annual report 
on activities carried out under this section, including a de-
scription of claims filed and the amount of payments and 
grants provided. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) COVERED ENTITY.—The term ‘covered en-
tity’ means— 
‘‘(A) a community, stakeholder, or Tribal 
interest— 
‘‘(i) that uses a geographic space of a 
lease area, or uses resources harvested 
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143 
from a geographic space of a lease area; 
and 
‘‘(ii) for which such use is directly and 
adversely impacted by the development, 
construction, 
operation, 
or 
decommis-
sioning of an offshore renewable energy 
project located in such leased area; or 
‘‘(B) a regional association, cooperative, 
non-profit organization, commission, or corpora-
tion that— 
‘‘(i) serves a community, stakeholder, 
or Tribal interest described in subpara-
graph (A); and 
‘‘(ii) acts on behalf of such a commu-
nity, stakeholder, or Tribal interest for 
purposes of this section, including by sub-
mitting a claim for a covered entity. 
‘‘(2) FUND.—The term ‘Fund’ means the Off-
shore Renewable Energy Compensation Fund estab-
lished under subsection (a). 
‘‘(3) LEASE
AREA.—The term ‘lease area’ 
means an area covered by an offshore renewable en-
ergy lease. 
‘‘(4) OFFSHORE RENEWABLE ENERGY LEASE.— 
The term ‘offshore renewable energy lease’ means a 
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144 
lease, easement, or right-of-way granted under sec-
tion 8(p)(1)(C).’’. 
TITLE VI—EMPOWERMENT OF 
COMMUNITIES 
SEC. 601. ESTABLISHMENT OF OFFICE OF ENVIRONMENTAL 
JUSTICE AND EXTERNAL CIVIL RIGHTS. 
(a) ESTABLISHMENT.—The Administrator of the En-
vironmental Protection Agency shall maintain within the 
Environmental Protection Agency an Office of Environ-
mental Justice and External Civil Rights (referred to in 
this section as the ‘‘Office’’)— 
(1) to lead the agency-wide effort of the Envi-
ronmental Protection Agency in addressing the 
needs of communities with environmental justice 
concerns; 
(2) to maximize the benefits of programs and 
activities of the Environmental Protection Agency to 
communities with environmental justice concerns; 
and 
(3) to enforce title VI of the Civil Rights Act 
of 1964 and other Federal civil rights laws, which 
together prohibit discrimination by applicants for 
and recipients of financial assistance from the Envi-
ronmental Protection Agency. 
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145 
(b) ASSISTANT
ADMINISTRATOR
FOR
ENVIRON-
MENTAL JUSTICE AND EXTERNAL CIVIL RIGHTS.—The 
Office shall be led by an Assistant Administrator for Envi-
ronmental Justice and External Civil Rights (referred to 
in this section as the ‘‘Assistant Administrator’’), to be 
appointed by the President, with the advice and consent 
of the Senate. 
(c) DUTIES.—The duties of the Office shall include— 
(1) supporting the mission of the Environ-
mental Protection Agency by providing leadership on 
environmental justice and external civil rights in the 
programs and activities of the Environmental Pro-
tection Agency, in collaboration with other Federal 
agencies and partners; 
(2) coordinating implementation of the environ-
mental justice and external civil rights programs and 
activities described in paragraph (1) across— 
(A) national programs and regions of the 
Environmental Protection Agency; and 
(B) partnerships the Environmental Pro-
tection Agency has with other agencies and 
partners in State, Tribal, and local governments 
and communities; 
(3) providing resources and other technical as-
sistance on civil rights and environmental justice to 
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partners in State, Tribal, and local governments and 
communities; 
(4) engaging with communities with environ-
mental justice concerns; 
(5) providing support for community-led action 
relating to environmental justice; and 
(6) providing service and expertise in alter-
native dispute resolution, environmental conflict res-
olution, consensus-building, and collaborative prob-
lem solving through the Conflict Prevention and 
Resolution Center of the Environmental Protection 
Agency. 
SEC. 602. ESTABLISHMENT OF WHITE HOUSE ENVIRON-
MENTAL JUSTICE INTERAGENCY COUNCIL. 
(a) IN GENERAL.—The President shall maintain 
within the Executive Office of the President a White 
House Environmental Justice Interagency Council (re-
ferred to in this section as the ‘‘Council’’). 
(b) PURPOSES.—The purposes of the Council are— 
(1) to improve coordination and collaboration 
among agencies and to help advise and assist agen-
cies in identifying and addressing, as appropriate, 
the disproportionate human health and environ-
mental effects of Federal programs, policies, prac-
tices, and activities on communities of color, low-in-
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come communities, and Tribal and Indigenous com-
munities; 
(2) to promote meaningful involvement and due 
process in the development, implementation, and en-
forcement of environmental laws; 
(3) to coordinate with, and provide direct guid-
ance and technical assistance to, environmental jus-
tice communities, with a focus on increasing— 
(A) community understanding of the 
science, regulations, and policy related to agen-
cy actions on environmental justice issues; and 
(B) community capacity to address envi-
ronmental justice issues; 
(4) to address environmental health, pollution, 
and public health burdens in environmental justice 
communities, and build healthy, sustainable, and re-
silient communities; 
(5) to develop and update an interagency Fed-
eral environmental justice strategy, as described in 
subsection (g)(1); 
(6) to annually publish a public performance 
scorecard, as described in subsection (g)(2); and 
(7) to support and facilitate interagency col-
laboration on Federal and State programs and ac-
tivities related to environmental justice, including 
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the development of materials for environmental jus-
tice training to build the capacity of Federal employ-
ees to advance environmental justice and to increase 
the meaningful participation of individuals from 
communities with environmental justice concerns in 
Federal activities. 
(c) COMPOSITION.— 
(1) IN GENERAL.—The Council shall be com-
posed of individuals described in the text amended 
by section 7(a) of Executive Order 14096 (88 Fed. 
Reg. 25251; relating to Revitalizing Our Nation’s 
Commitment to Environmental Justice for All). 
(2) ADDITIONAL MEMBERS.—The Council may 
include additional individuals from independent 
agencies, including individuals from the Nuclear 
Regulatory Commission and the Federal Energy 
Regulatory Commission, as determined appropriate 
by the Chair of the Council on Environmental Qual-
ity (referred to in this section as the ‘‘Chair’’). 
(d) GOVERNANCE.—The Chair shall serve as a mem-
ber and Chairperson of the Council. 
(e) REPORTING TO PRESIDENT.—The Council shall 
report to the President through the Chair. 
(f) UNIFORM CONSIDERATION GUIDANCE.— 
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(1) IN GENERAL.—To ensure that there is a 
common level of understanding of terminology used 
in dealing with environmental justice issues, not 
later than 1 year after the date of enactment of this 
Act, after coordinating with and conducting outreach 
to environmental justice communities, State govern-
ments, Tribal Governments, and local governments, 
the Council shall develop and publish in the Federal 
Register a guidance document to assist agencies in 
defining and applying terms relating to— 
(A) health disparities; 
(B) environmental exposure disparities; 
(C) demographic characteristics, including 
age, sex, race, and ethnicity; 
(D) social stressors, including poverty, 
housing quality, access to health care, edu-
cation, immigration status, linguistic isolation, 
historical trauma, and lack of community re-
sources; 
(E) cumulative effects or risks; 
(F) community vulnerability or suscepti-
bility to adverse human health and environ-
mental effects, including climate change; 
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150 
(G) barriers to meaningful involvement in 
the development, implementation, and enforce-
ment of environmental laws; and 
(H) community capacity to address envi-
ronmental concerns, including the capacity to 
obtain equitable access to environmental amen-
ities. 
(2) PUBLIC COMMENT.—For a period of not 
less than 60 days, the Chair shall seek public com-
ment on the guidance document developed under 
paragraph (1). 
(g) DEVELOPMENT OF INTERAGENCY FEDERAL EN-
VIRONMENTAL JUSTICE STRATEGY.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, after notice 
and opportunity for public comment, the Council, in 
consultation with the White House Environmental 
Justice Advisory Council and local environmental 
justice leaders, shall develop a coordinated inter-
agency Federal environmental justice strategy to ad-
dress current and historical environmental injustice, 
which shall include clear performance metrics to en-
sure accountability. The Council shall update said 
strategy not less frequently than once every 3 years, 
after notice and opportunity for public comment. 
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(2) ANNUAL PERFORMANCE SCORECARD.—The 
Council shall annually publish a public performance 
scorecard on the implementation of the interagency 
Federal environmental justice strategy. 
(h) SUBMISSION OF REPORT TO PRESIDENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after updating the interagency Federal environ-
mental justice strategy under subsection (g)(1), the 
Chair shall submit to the President a report that 
contains a description of the implementation of the 
interagency Federal environmental justice strategy. 
(2) PUBLIC AVAILABILITY.—The head of each 
agency that is a member of the Council shall make 
each report described in paragraph (1) available to 
the public (including by posting a copy of the report 
on the website of each agency). 
(i) ADMINISTRATION.— 
(1) OFFICE OF ADMINISTRATION.—The Office 
of Administration within the Executive Office of the 
President shall provide funding and administrative 
support for the Council, to the extent permitted by 
law and within existing appropriations. 
(2) OTHER
AGENCIES.—To the extent per-
mitted by law and subject to the availability of ap-
propriations, the Secretary of Labor, the Secretary 
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of Transportation, and the Administrator of the En-
vironmental Protection Agency shall provide admin-
istrative support for the Council, as necessary. 
(j) MEETINGS AND STAFF.— 
(1) CHAIRPERSON.—The Chair shall— 
(A) convene regular meetings of the Coun-
cil; 
(B) determine the agenda of the Council in 
accordance with this section; and 
(C) direct the work of the Council. 
(2) EXECUTIVE
DIRECTOR.—The Chair shall 
designate an Executive Director of the Council, who 
shall coordinate the work of, and head any staff as-
signed to, the Council. 
(k) OFFICERS.—To facilitate the work of the Council, 
the head of each agency that is a member of the Council 
shall designate an Environmental Justice Officer within 
the agency, with the authority— 
(1) to represent the agency on the Council; and 
(2) to perform such other duties relating to the 
implementation of this section within the agency as 
the head of the agency determines to be appropriate. 
(l) ESTABLISHMENT OF SUBGROUPS.—At the direc-
tion of the Chair, the Council may establish 1 or more 
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subgroups consisting exclusively of Council members or 
their designees under this section, as appropriate. 
SEC. 603. PROHIBITION ON DISPARATE IMPACT DISCRIMI-
NATION. 
Section 601 of the Civil Rights Act of 1964 (42 
U.S.C. 2000d) is amended— 
(1) by striking ‘‘No’’ and inserting ‘‘(a) No’’; 
and 
(2) by adding at the end the following: 
‘‘(b)(1)(A) Discrimination (including exclusion from 
participation and denial of benefits) based on disparate 
impact is established under this title if— 
‘‘(i) an entity subject to this title (referred 
to in this title as a ‘covered entity’) has a pro-
gram, policy, practice, or activity that causes a 
disparate impact on the basis of race, color, or 
national origin and the covered entity fails to 
demonstrate that the challenged program, pol-
icy, practice, or activity is related to and nec-
essary to achieve the nondiscriminatory goal of 
the program, policy, practice, or activity alleged 
to have been operated in a discriminatory man-
ner; or 
‘‘(ii) a less discriminatory alternative pro-
gram, policy, practice, or activity exists, and the 
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covered entity refuses to adopt such alternative 
program, policy, practice, or activity. 
‘‘(B) With respect to demonstrating that a particular 
program, policy, practice, or activity does not cause a dis-
parate impact, the covered entity shall demonstrate that 
each particular challenged program, policy, practice, or ac-
tivity does not cause a disparate impact, except that if 
the covered entity demonstrates to the courts that the ele-
ments of the covered entity’s decision-making process are 
not capable of separation for analysis, the decision-making 
process may be analyzed as 1 program, policy, practice, 
or activity. 
‘‘(2) A demonstration that a program, policy, prac-
tice, or activity is necessary to achieve the goals of a pro-
gram, policy, practice, or activity may not be used as a 
defense against a claim of intentional discrimination under 
this title. 
‘‘(3) No person in the United States shall be sub-
jected to discrimination, including retaliation or intimida-
tion, because such person opposed any program, policy, 
practice, or activity prohibited by this title, or because 
such person made a charge, testified, assisted, or partici-
pated in any manner in an investigation, proceeding, or 
hearing under this title. 
‘‘(4) In this subsection— 
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‘‘(A) the term ‘demonstrates’ means to meet 
the burdens of going forward with the evidence and 
of persuasion; and 
‘‘(B) the term ‘disparate impact’ means an ac-
tion or practice that, even if appearing neutral, actu-
ally has the effect of subjecting persons to discrimi-
nation on the basis of their race, color, or national 
origin.’’. 
SEC. 604. PROVISION FOR RIGHT OF ACTION. 
(a) IN GENERAL.—Section 602 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000d–1) is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘Each Federal de-
partment and agency which is empowered’’; and 
(2) by adding at the end the following: 
‘‘(b) Any person aggrieved by the failure to comply 
with this title, including any regulation promulgated pur-
suant to this title, may file suit in any district court of 
the United States having jurisdiction of the parties, with-
out respect to the amount in controversy and without re-
gard to the citizenship of the parties.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—This section, including the 
amendments made by this section, takes effect on 
the date of enactment of this Act. 
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(2) APPLICATION.—This section, including the 
amendments made by this section, applies to all ac-
tions or proceedings pending on or after the date of 
enactment of this Act. 
SEC. 605. PROVISION FOR RIGHTS OF RECOVERY. 
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.) is amended by inserting after section 602 
the following: 
‘‘SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS. 
‘‘(a) CLAIMS BASED ON PROOF OF INTENTIONAL 
DISCRIMINATION.—In an action brought by an aggrieved 
person under this title against an entity subject to this 
title (referred to in this section as a ‘covered entity’) who 
has engaged in unlawful intentional discrimination (not a 
practice that is unlawful because of its disparate impact) 
prohibited under this title (including its implementing reg-
ulations), the aggrieved person may recover equitable and 
legal relief (including compensatory and punitive dam-
ages), attorney’s fees (including expert fees), and costs of 
the action, except that punitive damages are not available 
against a government, government agency, or political 
subdivision. 
‘‘(b) CLAIMS BASED ON THE DISPARATE IMPACT 
STANDARD OF PROOF.—In an action brought by an ag-
grieved person under this title against a covered entity 
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who has engaged in unlawful discrimination based on dis-
parate impact prohibited under this title (including imple-
menting regulations), the aggrieved person may recover 
attorney’s fees (including expert fees), and costs of the 
action. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) AGGRIEVED
PERSON.—The term ‘ag-
grieved person’ means a person aggrieved by dis-
crimination on the basis of race, color, or national 
origin. 
‘‘(2) DISPARATE ACTION.—The term ‘disparate 
impact’ means an action or practice that, even if ap-
pearing neutral, actually has the effect of subjecting 
persons to discrimination on the basis of their race, 
color, or national origin.’’. 
SEC. 606. REQUIREMENT FOR COMMUNITY IMPACT RE-
PORTS. 
(a) PURPOSE.—The purpose of this section is to es-
tablish additional protections relating to Federal actions 
affecting environmental justice communities in recognition 
of the disproportionate burden of adverse environmental 
and public health impacts faced by such communities. 
(b) PREPARATION OF A COMMUNITY IMPACT RE-
PORT.— 
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(1) IN GENERAL.—A lead agency proposing to 
take a Federal action shall prepare and make pub-
licly available a community impact report that as-
sesses the potential for the proposed Federal action 
to have adverse environmental and public health im-
pacts on environmental justice communities. 
(2) CONTENTS.— 
(A) IN
GENERAL.—A community impact 
report described in paragraph (1) shall— 
(i) assess the degree to which the pro-
posed Federal action has the potential to 
cause multiple exposures or cumulative ex-
posure to human health or environmental 
hazards that influence, exacerbate, or con-
tribute to adverse health outcomes of any 
affected environmental justice commu-
nities; 
(ii) assess relevant public health data 
and industry data concerning how the pro-
posed Federal action may affect the poten-
tial for multiple exposures or cumulative 
exposure to human health or environ-
mental hazards in the geographic area of 
the affected environmental justice commu-
nity; 
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(iii) assess legacy pollution in the geo-
graphic area of any affected environmental 
justice community, including historical pat-
terns of exposure to human health or envi-
ronmental hazards; 
(iv) assess the impact of the proposed 
Federal action on the ability of any af-
fected environmental justice community to 
access public parks, outdoor spaces, and 
public recreation opportunities; 
(v) evaluate alternatives to and miti-
gation measures for the proposed Federal 
action that will— 
(I) eliminate or reduce any expo-
sure to human health and environ-
mental hazards assessed under clause 
(i) to a level that is reasonably ex-
pected to avoid human health impacts 
from such exposure in the geographic 
area of any affected environmental 
justice community; and 
(II) not negatively impact the 
ability of any affected environmental 
justice community to access public 
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parks, outdoor spaces, and public 
recreation opportunities; 
(vi) analyze any alternative developed 
by members of an affected environmental 
justice community that meets the purpose 
and need to which the agency is respond-
ing in proposing the alternatives, including 
the proposed action; 
(vii) assess the impact of the proposed 
Federal action on access to reliable energy 
and on electricity prices for low-income 
communities, minority communities, Indian 
Tribes, and senior citizens; 
(viii) assess the impact of the pro-
posed Federal action on the potential for 
drought, domestic food availability, and do-
mestic food prices; and 
(ix) assess the impact of the proposed 
Federal action on the ability of the Federal 
Government to achieve the carbon pollution 
reduction and elimination goals established 
under Executive Order 14057 (86 Fed. 
Reg. 70935; relating to Catalyzing Clean 
Energy Industries and Jobs Through Fed-
eral Sustainability). 
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(B) SCOPE
OF
ASSESSMENTS, EVALUA-
TION, AND ANALYSIS.—In assessing, evaluating, 
and analyzing the matters described in clauses 
(i) through (vi) of subparagraph (A), the lead 
agency shall assess multiple and cumulative ef-
fects, including effects that are not within the 
control of the lead agency or any participating 
Federal agencies. 
(3) DELEGATION.—A lead agency may not dele-
gate responsibility for the preparation of a commu-
nity impact report described in paragraph (1) to any 
non-Federal entity. This paragraph does not affect 
the ability of a lead agency to enter into a contract 
with a third party to assist with the preparation of 
a community impact report described in paragraph 
(1). 
(4) AGENCY DETERMINATION.—Any determina-
tion by a lead agency related to any assessment, 
evaluation, or analysis included in a community im-
pact report described in paragraph (1) shall be sub-
ject to judicial review to the same extent as any 
other analysis performed under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
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SEC. 607. ENGAGEMENT WITH ENVIRONMENTAL JUSTICE 
COMMUNITIES AND INDIAN TRIBES IN NEPA 
REVIEWS. 
(a) NATIONAL ENVIRONMENTAL POLICY ACT RE-
QUIREMENTS
FOR ENVIRONMENTAL JUSTICE COMMU-
NITIES.— 
(1) IN GENERAL.—When carrying out the re-
quirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) by preparing 
an environmental document for a proposed Federal 
action that may have reasonably foreseeable adverse 
public health or environmental impacts on an envi-
ronmental justice community, a lead agency shall— 
(A) hold a public comment period carried 
out during the scoping for the Federal action 
for not less than 90 days; 
(B) provide early and meaningful opportu-
nities for any affected environmental justice 
community to be involved in the environmental 
review process of the proposed Federal action 
by— 
(i) holding multiple hearings in each 
affected environmental justice community 
regarding the proposed Federal action in 
each language spoken by more than 5 per-
cent of the population of each affected en-
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163 
vironmental justice community, at times 
and locations that are accessible to mem-
bers of such affected environmental justice 
communities; and 
(ii) providing notice to any represent-
ative entities or organizations present in 
any affected environmental justice commu-
nity of any step or action in the process re-
lated to the preparation of any environ-
mental document for the proposed Federal 
action that involves public participation, 
which may include providing notice to— 
(I) local religious organizations; 
(II) civic associations and organi-
zations; 
(III) business associations of peo-
ple of color; 
(IV) environmental organizations 
and environmental justice organiza-
tions, 
including 
community-based 
grassroots organizations led by people 
of color; 
(V) homeowners, tenants, and 
neighborhood watch groups; 
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(VI) local governments and Trib-
al Governments; 
(VII) rural cooperatives; 
(VIII) business and trade organi-
zations; 
(IX) community and social serv-
ice organizations; 
(X) universities, colleges, and vo-
cational schools; 
(XI) labor and other worker or-
ganizations; 
(XII) civil rights organizations; 
(XIII) senior citizens’ groups; 
and 
(XIV) public health agencies and 
clinics; 
(C) provide translations of any environ-
mental documents made publicly available pur-
suant to that Act in any language spoken by 
more than 5 percent of the population of an af-
fected environmental justice community; and 
(D) consider all potential direct, indirect, 
and cumulative impacts caused by the action, 
alternatives to such action, and mitigation 
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measures on the environmental justice commu-
nity required by that Act. 
(2) COMMUNICATION METHODS AND REQUIRE-
MENTS.—Any notice provided under paragraph 
(1)(B)(ii) shall be provided— 
(A) through communication methods that 
are accessible to the environmental justice com-
munity, which may include electronic media, 
virtual meetings, newspapers, radio, direct mail-
ings, canvassing, and other outreach methods 
particularly targeted at communities of color, 
low-income communities, and Tribal and Indig-
enous communities; and 
(B) at least 30 days before the applicable 
public comment period or hearing is held. 
(b) NATIONAL ENVIRONMENTAL POLICY ACT RE-
QUIREMENTS FOR INDIAN TRIBES.—When carrying out 
the requirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) by preparing an 
environmental document for a proposed Federal action 
that may affect an Indian Tribe, a lead agency shall— 
(1) seek Tribal representation in the process in 
a manner that is consistent with the government-to- 
government relationship between the United States 
and Tribal Governments, the Federal Government’s 
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trust responsibility to Indian Tribes, and any treaty 
rights; and 
(2) invite affected Indian Tribes to be cooper-
ating agencies under section 107(a)(3) of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4336a(a)(3)), including with regard to any Federal 
action that could impact off reservation lands and 
sacred sites, not later than the date on which the 
scoping process for a proposed Federal action re-
quiring the preparation of an environmental docu-
ment commences. 
SEC. 608. REQUIREMENT OF NOTICES OF INTENT TO PRE-
PARE ENVIRONMENTAL DOCUMENTS. 
(a) NOTICES OF INTENT TO PREPARE ENVIRON-
MENTAL DOCUMENTS.—When the lead agency publishes 
a notice of intent to prepare an environmental impact 
statement or an environmental assessment for a Federal 
action, the lead agency shall include in such notice of in-
tent the following: 
(1) A description of the proposed Federal ac-
tion. 
(2) An outline of the anticipated schedule for 
completing the process under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
with a description of key milestones. 
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(3) To the extent possible, an initial list of 
other existing or proposed sources of multiple or cu-
mulative exposure to environmental hazards that 
contribute to higher rates of serious illnesses within 
any affected environmental justice community. 
(4) An agency point of contact, or the points of 
contact if there is more than one lead agency. 
(5) Identification of locations where comments 
will be received or hearings held, if known as of the 
date on which the notice of intent is published. 
(6) Any telephone number or locations where 
further information with respect to the preparation 
of the environmental document can be obtained. 
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect 1 year after the date of enactment of this Act. 
SEC. 609. AVOIDANCE OF CUMULATIVE IMPACTS THROUGH 
NEPA. 
(a) REVISION.—Section 101(a) of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4331(a)) is 
amended— 
(1) 
by 
striking 
‘‘man’s’’ 
and 
inserting 
‘‘human’’; and 
(2) by striking ‘‘man’’ each place it appears and 
inserting ‘‘humankind’’. 
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(b) COOPERATION OF AGENCIES; REPORTS; AVAIL-
ABILITY OF INFORMATION; RECOMMENDATIONS; INTER-
NATIONAL
AND
NATIONAL
COORDINATION
OF
EF-
FORTS.—Section 102 of the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4332) is amended— 
(1) by striking ‘‘The Congress authorizes and 
directs that, to the fullest extent possible:’’ and in-
serting ‘‘The Congress authorizes and directs that, 
notwithstanding any other provision of law and to 
the fullest extent possible:’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking 
‘‘man’s’’ and inserting ‘‘the human’’; 
(B) in subparagraph (C)— 
(i) in clause (iii), by inserting ‘‘and 
that, where applicable, do not cause or 
contribute to adverse cumulative effects, 
including effects caused by exposure to en-
vironmental pollution, on an overburdened 
community that are higher than those 
borne by other communities within the 
State, county, or other geographic unit of 
analysis as determined by the agency pre-
paring or having taken primary responsi-
bility for preparing the environmental doc-
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