affected landowners established pursu-
ant to subparagraph (B)(i). 
‘‘(ii) REQUIREMENT.—A permit hold-
er that enters into a community benefit 
agreement 
described 
in 
subparagraph 
(A)(i)(II) shall be presumed to have com-
plied with clause (i)(I). 
‘‘(D) EFFECT
OF
COMMUNITY
BENEFIT 
AGREEMENT
ON
ELIGIBILITY
FOR
CERTAIN 
GRANTS.— 
‘‘(i) IN
GENERAL.—For purposes of 
section 50152 of Public Law 117–169 
(commonly known as the ‘Inflation Reduc-
tion Act of 2022’) (42 U.S.C. 18715a), if 
the sponsor of a project for which a permit 
is sought under subsection (c) has entered 
into a community benefit agreement— 
‘‘(I) the sponsor and any applica-
ble agreement entity (as defined in 
subsection (a)(2)(B)) that is eligible 
to apply for a grant under that sec-
tion may jointly apply for such a 
grant; and 
‘‘(II) the sponsor may receive 
and use amounts made available pur-
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suant to such a grant in accordance 
with— 
‘‘(aa) any applicable provi-
sions of the applicable community 
benefit agreement; and 
‘‘(bb) any applicable rules or 
conditions established by the Sec-
retary. 
‘‘(ii) NEGOTIATED
PROVISIONS.—A 
community benefit agreement may include 
provisions requiring the project sponsor— 
‘‘(I) to submit an application for 
a grant under section 50152 of Public 
Law 117–169 (42 U.S.C. 18715a) on 
behalf of, or jointly with, the applica-
ble agreement entity or any other en-
tity eligible to apply for a grant under 
that section; and 
‘‘(II) to take any other actions 
necessary to secure a grant under 
that section. 
‘‘(3) USE OF RIGHT-OF-WAY.—Any right-of-way 
acquired under paragraph (1) shall be used exclu-
sively for the construction or modification of electric 
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transmission facilities within a reasonable period of 
time after the acquisition. 
‘‘(4) PRACTICE AND PROCEDURE.—The practice 
and procedure in any action or proceeding under 
this subsection in the district court of the United 
States shall conform as nearly as practicable to the 
practice and procedure in a similar action or pro-
ceeding in the courts of the State in which the prop-
erty is located. 
‘‘(5) SAVINGS CLAUSE.— 
‘‘(A) IN GENERAL.—Nothing in this sub-
section shall be construed to authorize the use 
of eminent domain to acquire a right-of-way for 
any purpose other than the construction, modi-
fication, operation, or maintenance of electric 
transmission facilities and related facilities. 
‘‘(B) 
RESTRICTION; 
TERMINATION.—A 
right-of-way acquired under paragraph (1) shall 
not be used for any other purpose, and the 
right-of-way shall terminate on the termination 
of the use for which the right-of-way was ac-
quired. 
‘‘(f) COMPENSATION.— 
‘‘(1) IN GENERAL.—Any right-of-way acquired 
pursuant to subsection (e) shall be considered a tak-
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ing of private property for which just compensation 
is due. 
‘‘(2) AMOUNT.—Just compensation shall be an 
amount equal to the fair market value (including ap-
plicable severance damages) of the property taken on 
the date of the exercise of eminent domain authority. 
‘‘(g) STATE LAW.—Nothing in this section precludes 
any person from constructing or modifying any trans-
mission facility in accordance with State law. 
‘‘(h) COORDINATION OF FEDERAL AUTHORIZATIONS 
FOR NATIONAL INTEREST ELECTRIC TRANSMISSION FA-
CILITIES.— 
‘‘(1) LEAD AGENCY.—With respect to a quali-
fying project, the Commission shall act as the lead 
agency for purposes of coordinating— 
‘‘(A) all applicable Federal authorizations; 
‘‘(B) all applicable State or local author-
izations; and 
‘‘(C) all related environmental reviews. 
‘‘(2) COORDINATION.— 
‘‘(A) IN GENERAL.—To the maximum ex-
tent practicable under applicable Federal law, 
the Commission shall coordinate the Federal 
authorization and review process under this 
subsection with any Indian Tribes, multistate 
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entities, local governments, and State agencies 
that are responsible for conducting any separate 
permitting and environmental reviews of the fa-
cility, to ensure timely and efficient review and 
permit decisions. 
‘‘(B) DEADLINES AND MILESTONES.— 
‘‘(i) IN GENERAL.—As the lead agen-
cy, the Commission, in consultation with 
agencies responsible for Federal authoriza-
tions and, as appropriate, with Indian 
Tribes, multistate entities, local govern-
ments, and State agencies that are willing 
to coordinate their own separate permit-
ting and environmental reviews with the 
Federal authorization and environmental 
reviews, shall establish prompt and binding 
intermediate milestones and ultimate dead-
lines for the review of, and Federal author-
ization decisions relating to, the proposed 
facility, to ensure, to the maximum extent 
practicable, that the period described in 
clause (ii) does not exceed 5 years. 
‘‘(ii) PERIOD
DESCRIBED.—The pe-
riod referred to in clause (i) is the period 
beginning on the date on which the pre-
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filing process is initiated with respect to a 
proposed facility and ending on, as applica-
ble— 
‘‘(I) the date on which a notice to 
proceed is issued with respect to that 
facility; or 
‘‘(II) the date on which an appli-
cation for a permit under subsection 
(c) with respect to that facility is de-
nied. 
‘‘(iii) 
CERTAIN
DEADLINES.—The 
Commission shall ensure that, once an ap-
plication has been submitted with such 
data as the Commission considers nec-
essary, all permit decisions and related en-
vironmental reviews under all applicable 
Federal laws shall be completed— 
‘‘(I) within 1 year; or 
‘‘(II) if a requirement of another 
provision of Federal law does not per-
mit compliance with subclause (I), as 
soon thereafter as is practicable. 
‘‘(3) PROCESS
FOR
PROMPT
DISCLOSURE
OF 
CERTAIN INFORMATION.—The Commission shall es-
tablish a process pursuant to which a prospective ap-
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plicant for a permit under subsection (c) that has 
initiated the prefiling process may confer with the 
agencies involved to have each such agency deter-
mine and communicate to the prospective applicant, 
not later than 60 days after the prospective appli-
cant submits a request— 
‘‘(A) the likelihood of approval for a poten-
tial facility; and 
‘‘(B) the key issues of concern to the agen-
cies and the public. 
‘‘(4) SINGLE ENVIRONMENTAL REVIEW DOCU-
MENT.— 
‘‘(A) IN GENERAL.—As the lead agency, 
the Commission, in consultation with the af-
fected agencies, shall prepare a single environ-
mental review document, which shall be used as 
the basis for all decisions on the qualifying 
project under Federal law. 
‘‘(B) STREAMLINED REVIEW AND PERMIT-
TING WITHIN CERTAIN CORRIDORS.—The Com-
mission and the heads of other agencies shall 
streamline the review and permitting of trans-
mission within corridors designated under sec-
tion 503 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1763) by fully 
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taking into account prior analyses and decisions 
relating to the corridors. 
‘‘(C) REQUIREMENT.—The document pre-
pared under subparagraph (A) shall include 
consideration by the relevant agencies of any 
applicable criteria or other matters as required 
under applicable law. 
‘‘(5) APPEAL TO THE PRESIDENT.— 
‘‘(A) IN GENERAL.—If any agency has de-
nied a Federal authorization required for a 
transmission facility, or has failed to act by the 
deadline established by the Commission pursu-
ant to this section for deciding whether to issue 
the authorization, the applicant or any State in 
which the facility would be located may file an 
appeal with the President, who shall, in con-
sultation with the affected agency, review the 
denial or failure to take action on the pending 
application. 
‘‘(B) DECISION.—Based on the overall 
record and in consultation with the affected 
agency, the President may— 
‘‘(i) issue the necessary authorization 
with any appropriate conditions; or 
‘‘(ii) deny the application. 
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‘‘(C) 
DEADLINE
FOR
DECISION.—The 
President shall issue a decision not later than 
90 days after the date of the filing of the ap-
peal. 
‘‘(D) REQUIREMENT.—In making a deci-
sion under this paragraph, the President shall 
comply with applicable requirements of Federal 
law, including any requirements of— 
‘‘(i) the National Forest Management 
Act of 1976 (16 U.S.C. 472a et seq.); 
‘‘(ii) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
‘‘(iii) the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.); 
‘‘(iv) the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.); 
and 
‘‘(v) the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 
et seq.). 
‘‘(E) APPLICATION.—This paragraph shall 
not apply to any unit of the National Park Sys-
tem, the National Wildlife Refuge System, the 
National Wild and Scenic Rivers System, the 
National Trails System, the National Wilder-
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ness Preservation System, or a National Monu-
ment. 
‘‘(6) APPLICATION OF FAST–41 PROCEDURES.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, on the submission of an 
application for a permit under subsection (c) 
for a qualifying project— 
‘‘(i) the qualifying project shall be 
considered to be a covered project (as de-
fined in section 41001 of the FAST Act 
(42 U.S.C. 4370m)); and 
‘‘(ii) except as otherwise provided in 
this section (including paragraphs (1) and 
(2)), title XLI of the FAST Act (42 
U.S.C. 4370m et seq.) (including section 
41007 of that Act (42 U.S.C. 4370m–6)) 
shall apply to the qualifying project in the 
same manner as any other covered project 
(as defined in section 41001 of that Act 
(42 U.S.C. 4370m)). 
‘‘(B) COOPERATION
OF
PARTICIPATING 
AGENCIES.—Notwithstanding any other provi-
sion of law, each Federal participating agency 
with respect to a qualifying project shall— 
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‘‘(i) cooperate with the Commission 
and the project sponsor with respect to the 
review and permitting processes carried 
out under this section; and 
‘‘(ii) fully participate in those proc-
esses. 
‘‘(C) USE OF ENVIRONMENTAL REVIEW IM-
PROVEMENT FUND.— 
‘‘(i) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) AGENCY PARTICIPATING IN 
THE PREFILING PROCESS.—The term 
‘agency participating in the prefiling 
process’ means a participating agency 
or cooperating agency that partici-
pates in the prefiling process with re-
spect to a qualifying project. 
‘‘(II) FUND.—The term ‘Fund’ 
means the Environmental Review Im-
provement Fund established under 
section 41009(d) of the FAST Act 
(42 U.S.C. 4370m–8(d)). 
‘‘(ii) 
GENERAL
AUTHORITY.—Not-
withstanding any other provision of law, 
with respect to a qualifying project, 
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amounts in the Fund may, in addition to 
any other use permitted under title XLI of 
the FAST Act (42 U.S.C. 4370m et seq.) 
(or a regulation promulgated under that 
title), be used— 
‘‘(I) by the Council, to cover the 
expenses of the Council relating to the 
qualifying project; 
‘‘(II) by the Commission, as the 
lead agency, to cover the costs of any 
environmental review relating to the 
qualifying project; and 
‘‘(III) as the Council determines 
to be appropriate, by any other Fed-
eral agency conducting an environ-
mental review relating to the quali-
fying project, to cover the costs of 
conducting that environmental review. 
‘‘(iii) FUNDING
FOR
PURPOSES
RE-
LATING
TO
THE
PREFILING
PROCESS.— 
Notwithstanding any other provision of 
law, the Council shall make amounts in the 
Fund available to agencies participating in 
the prefiling process for purposes relating 
to the participation of those agencies in 
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that process, including to compensate those 
agencies for resources expended during 
that process for those purposes. 
‘‘(iv) SUBSEQUENT
CONSIDERATION 
OF
PARTICIPATION
IN
THE
PREFILING 
PROCESS.—To encourage participation in 
the prefiling process, the Council, in mak-
ing amounts in the Fund available to par-
ticipating agencies and cooperating agen-
cies for purposes relating to a qualifying 
project for which an application has been 
filed under subsection (c), shall take into 
consideration whether, and the extent to 
which, the participating agency or cooper-
ating agency participated in the prefiling 
process with respect to that project. 
‘‘(v) AUTHORIZATION OF APPROPRIA-
TIONS TO THE FUND.—In addition to any 
amounts authorized to be appropriated to 
the Fund under any other law, there are 
authorized to be appropriated to the Fund 
such sums as are necessary to carry out 
this subparagraph. 
‘‘(7) PREFILING REQUIRED.— 
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‘‘(A) IN GENERAL.—In order to facilitate 
maximum participation by all stakeholders in 
the review and permitting processes for quali-
fying projects, project sponsors shall engage in 
a prefiling process in accordance with the regu-
lations promulgated under subparagraph (C). 
‘‘(B) PARTICIPATION.— 
‘‘(i) MANDATORY
PARTICIPATION.— 
Any applicant for a permit under sub-
section (c) and each Federal participating 
agency with respect to a project for which 
a permit is sought under that subsection 
shall participate in the prefiling process. 
‘‘(ii) STATE, 
TRIBAL, 
AND
LOCAL 
AGENCIES.—The Commission shall facili-
tate and encourage State, Tribal, and local 
agencies, including any State commission 
or other entity described in subsection 
(c)(1), to participate in the prefiling proc-
ess for a qualifying project. 
‘‘(C) RULEMAKING.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the 
FASTER Act of 2023, the Commission 
shall promulgate a final rule to establish a 
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prefiling process for use in accordance with 
this section. 
‘‘(ii) 
UPDATES.—The 
Commission 
may revise and update, as the Commission 
determines to be appropriate, the rules and 
regulations of the Commission with respect 
to the prefiling process established under 
clause (i), subject to the condition that any 
revision or update is consistent with the 
making of good faith efforts to engage 
stakeholders early in the review and per-
mitting processes for national interest elec-
tric transmission facilities. 
‘‘(8) EXPEDITING APPLICATION PROCESSING.— 
‘‘(A) IN
GENERAL.—A Federal or State 
agency may allow an applicant seeking a Fed-
eral authorization for a qualifying project to 
fund a third-party contractor selected by the 
Federal or State agency to assist in reviewing 
the application. 
‘‘(B) DIRECT
FUNDING
FOR
EXPEDITED 
CONSIDERATION.— 
‘‘(i) IN GENERAL.—Beginning on the 
date of enactment of the FASTER Act of 
2023, a Federal or State agency may ac-
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cept and expend funds contributed by an 
applicant seeking a Federal authorization 
for a qualifying project to carry out an ac-
tivity that directly and meaningfully con-
tributes to expediting the consideration by 
the agency of the application. 
‘‘(ii) RELATION TO EXISTING DISCRE-
TIONARY FUNDS.—Any funds received by 
an agency under this subparagraph may be 
used only to carry out activities that would 
not otherwise occur within the same time-
frame using discretionary funds provided 
in an appropriations Act. 
‘‘(C) EFFECT ON APPLICATION CONSIDER-
ATION.—In carrying out this paragraph, the 
Commission or an applicable agency shall en-
sure that the use of applicant funds under sub-
paragraph (A) or (B) will not impact impartial 
decisionmaking with respect to the responsibil-
ities of the agency, either substantively or pro-
cedurally, under this part or any other Federal 
law, consistent with the regulations for imple-
menting the procedural provisions of the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) under parts 1500 through 
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1508 of title 40, Code of Federal Regulations 
(or successor regulations). 
‘‘(D) VOLUNTARY FUNDING.—Nothing in 
this paragraph requires or compels an appli-
cant— 
‘‘(i) to fund a third-party contractor 
under subparagraph (A); or 
‘‘(ii) to contribute direct funding for 
expedited consideration under subpara-
graph (B). 
‘‘(E) 
EXISTING
THIRD-PARTY
CON-
TRACTS.—Nothing in this paragraph affects 
any third party contract under section 2403 of 
the Energy Policy Act of 1992 (16 U.S.C. 
797d) that is in effect as of the date of enact-
ment of the FASTER Act of 2023. 
‘‘(F) ACCOUNTABILITY.— 
‘‘(i) REPORTS.—A Federal or State 
agency shall submit to the Commission for 
each fiscal year a report that describes the 
manner in which the agency used funds 
under this paragraph during that fiscal 
year. 
‘‘(ii) AUDITS.—The Comptroller Gen-
eral of the United States shall conduct 
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periodic audits to ensure that Federal and 
State agencies use funds in accordance 
with this paragraph. 
‘‘(9) CATEGORICAL EXCLUSIONS.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of the FASTER 
Act of 2023, the Commission shall— 
‘‘(i) evaluate whether 1 or more addi-
tional categorical exclusions developed in 
compliance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) with respect to the activities 
described in subparagraph (C) would re-
duce processing times or costs for the 
issuance of permits under subsection (c) 
without significantly affecting the human 
environment; and 
‘‘(ii) if the Commission determines 
under clause (i) that 1 or more additional 
categorical exclusions would reduce proc-
essing times or costs for the issuance of 
permits under subsection (c) without sig-
nificantly affecting the human environ-
ment— 
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‘‘(I) establish those categorical 
exclusions in compliance with the Na-
tional Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); and 
‘‘(II) revise relevant agency regu-
lations and policy statements to imple-
ment those categorical exclusions. 
‘‘(B) ADMINISTRATION.— 
‘‘(i) IN GENERAL.—In administering a 
categorical exclusion established under sub-
paragraph (A)(ii), the Commission shall 
comply with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) (including regulations promulgated 
pursuant to that Act). 
‘‘(ii) 
EXTRAORDINARY
CIR-
CUMSTANCES.—In determining whether to 
use a categorical exclusion established 
under subparagraph (A)(ii), the Commis-
sion shall apply— 
‘‘(I) section 380.4(b) of title 18, 
Code of Federal Regulations (or a 
successor regulation); and 
‘‘(II) any other regulation pro-
mulgated by the Commission to estab-
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lish extraordinary circumstances pro-
cedures 
described 
in 
section 
1507.3(e)(2)(ii) of title 40, Code of 
Federal Regulations (or a successor 
regulation). 
‘‘(C) ACTIVITIES DESCRIBED.—The activi-
ties referred to in subparagraph (A) include— 
‘‘(i) a geotechnical investigation; 
‘‘(ii) off-road travel in an existing 
right-of-way; 
‘‘(iii) adding a battery or other energy 
storage device to an existing or planned 
energy facility, if that storage resource is 
located within the physical footprint of the 
existing or planned energy facility; 
‘‘(iv) any repair, maintenance, up-
grade, optimization, or minor addition to 
existing transmission and distribution in-
frastructure, including— 
‘‘(I) operation, maintenance, or 
repair of power equipment and struc-
tures 
within 
existing 
substations, 
switching stations, transmission lines, 
and distribution lines; 
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‘‘(II) the addition, modification, 
retirement, or replacement of break-
ers, 
transmission 
towers, 
trans-
formers, bushings, or relays; 
‘‘(III) the voltage uprating, modi-
fication, reconductoring with conven-
tional or advanced conductors, and 
clearance resolution of transmission 
lines; 
‘‘(IV) an activity to minimize fire 
risk, including vegetation manage-
ment, routine fire mitigation, inspec-
tion, and maintenance activities, and 
removal of hazard trees and other 
hazard vegetation within or adjacent 
to an existing right-of-way; 
‘‘(V) an improvement to or con-
struction of 1 or more structure pads 
for that infrastructure; and 
‘‘(VI) access and access route 
maintenance, and any repair, associ-
ated with any activity described in 
subclauses (I) through (V); 
‘‘(v) approval of, and activities con-
ducted in accordance with, operating plans 
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or agreements for transmission and dis-
tribution facilities or under a special use 
authorization for an electric transmission 
and distribution facility right-of-way; and 
‘‘(vi) construction, maintenance, re-
alignment, or repair of an existing perma-
nent or temporary access road— 
‘‘(I) within an existing right-of- 
way or within a transmission or utility 
corridor established by Congress or in 
a land use plan; or 
‘‘(II) that serves an existing 
transmission line, distribution line, or 
energy facility. 
‘‘(D) OTHER CATEGORICAL EXCLUSIONS.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the 
FASTER Act of 2023, the Commission 
shall— 
‘‘(I) review section 380.4 of title 
18, Code of Federal Regulations (as 
in effect on the date of enactment of 
the FASTER Act of 2023), and the 
applicable appendices of part 380 of 
that title; and 
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‘‘(II) as the Commission deter-
mines to be appropriate, promulgate 
comparable regulations pursuant to 
which the Commission may establish 
categorical exclusions for, and apply 
categorical exclusions to, qualifying 
projects. 
‘‘(ii) TRANSITION PERIOD.—Until the 
date on which the regulations described in 
clause (i)(II) are promulgated by the Com-
mission, the Commission may apply section 
380.4 of title 18, Code of Federal Regula-
tions (or a successor regulation), to quali-
fying projects. 
‘‘(10) NEPA PROCESSES AND COMPLIANCE.— 
‘‘(A) PURPOSE.—The purpose of this para-
graph is to ensure that there is no duplication 
of effort or processes with respect to environ-
mental reviews relating to the siting, construc-
tion, or modification of national interest electric 
transmission facilities in national interest elec-
tric transmission corridors designated by the 
Secretary under paragraph (2) or (5) of sub-
section (b). 
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‘‘(B) REVIEW
RELATING
TO
DESIGNA-
TION.—Unless the Secretary determines that 
the preparation of an environmental review doc-
ument with respect to the designation of a na-
tional interest electric transmission corridor 
under paragraph (2) or (5) of subsection (b) is 
appropriate under the circumstances, the Sec-
retary shall not be required to prepare an envi-
ronmental review document in connection with 
the designation of a national interest electric 
transmission corridor under those paragraphs. 
‘‘(C) EFFECT ON SITING, CONSTRUCTION, 
OR MODIFICATION OF FACILITIES.— 
‘‘(i) NO REVIEW RELATING TO DES-
IGNATION OF CORRIDOR.—If the Secretary 
has not prepared an environmental review 
document with respect to the designation 
of a national interest electric transmission 
corridor under paragraph (2) or (5) of sub-
section (b), the Commission shall prepare 
an environmental review document, in ac-
cordance with this subsection, for any 
siting, construction, or modification of a 
national interest electric transmission facil-
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ity in that national interest electric trans-
mission corridor. 
‘‘(ii) REVIEW RELATING TO DESIGNA-
TION OF CORRIDOR.—If the Secretary has 
prepared an environmental review docu-
ment with respect to the designation of a 
national interest electric transmission cor-
ridor under paragraph (2) or (5) of sub-
section (b)— 
‘‘(I) the Commission and any 
other Federal agency carrying out an 
environmental review with respect to 
the siting, construction, or modifica-
tion of a national interest electric 
transmission facility in that national 
interest 
electric 
transmission 
cor-
ridor— 
‘‘(aa) shall rely on any find-
ings of the environmental review 
document prepared by the Sec-
retary in carrying out the envi-
ronmental review of the Commis-
sion or other Federal agency, as 
applicable; and 
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‘‘(bb) shall not duplicate any 
work of the Secretary relating to 
the preparation of that environ-
mental review document; and 
‘‘(II) the Commission shall incor-
porate the findings of that environ-
mental review document into any envi-
ronmental review document prepared 
by the Commission under this sub-
section. 
‘‘(11) FEDERAL LAND USE AUTHORIZATIONS.— 
‘‘(A) IN
GENERAL.—Each Federal land 
use authorization for a national interest electric 
transmission facility shall be issued— 
‘‘(i) for a duration, as determined by 
the Commission, commensurate with the 
anticipated use of the facility; and 
‘‘(ii) with appropriate authority to 
manage the right-of-way for reliability and 
environmental protection. 
‘‘(B) RENEWAL.—On the expiration of the 
authorization (including an authorization issued 
before the date of enactment of the FASTER 
Act of 2023), the authorization shall be re-
viewed for renewal taking fully into account re-
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liance on such electricity infrastructure, recog-
nizing the importance of the authorization for 
public health, safety, and economic welfare and 
as a legitimate use of Federal land. 
‘‘(12) CONSULTATION.—In exercising the re-
sponsibilities under this section, the Commission 
shall consult regularly with— 
‘‘(A) the Secretary; 
‘‘(B) electric reliability organizations (in-
cluding related regional entities) approved by 
the Commission; and 
‘‘(C) Transmission Organizations approved 
by the Commission. 
‘‘(i) INTERSTATE COMPACTS.— 
‘‘(1) IN GENERAL.—The consent of Congress is 
given for 3 or more contiguous States to enter into 
an interstate compact, subject to approval by Con-
gress, establishing regional transmission siting agen-
cies— 
‘‘(A) to facilitate siting of future electric 
energy transmission facilities within those 
States; and 
‘‘(B) to carry out the electric energy trans-
mission siting responsibilities of those States. 
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‘‘(2) TECHNICAL
ASSISTANCE.—The Commis-
sion shall provide technical assistance to regional 
transmission siting agencies established under this 
subsection. 
‘‘(3) AUTHORITY.—The regional transmission 
siting agencies shall have the authority to review, 
certify, and permit siting of transmission facilities, 
including facilities in national interest electric trans-
mission corridors (other than facilities on property 
owned by the United States). 
‘‘(4) LIMITATION.—The Commission shall have 
no authority to issue a permit for the construction 
or modification of an electric transmission facility 
within a State that is a party to a compact, unless 
the Commission determines that the members of the 
compact are unable to reach an agreement on an ap-
plication seeking approval by the date that is 1 year 
after the date on which the application for the facil-
ity was filed. 
‘‘(j) RELATIONSHIP TO OTHER LAWS.—Except as 
specifically provided, nothing in this section affects any 
requirement of an environmental law of the United States, 
including the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). 
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‘‘(k) ERCOT.—This section shall not apply within 
the area referred to in section 212(k)(2)(A).’’. 
(b) GRANTS TO FACILITATE THE SITING OF INTER-
STATE ELECTRICITY TRANSMISSION LINES.— 
(1) DEFINITIONS.—In this subsection: 
(A) COMMISSION.—The term ‘‘Commis-
sion’’ means the Federal Energy Regulatory 
Commission. 
(B) COMMUNITY BENEFIT AGREEMENT.— 
The term ‘‘community benefit agreement’’ has 
the meaning given the term in section 216(a) of 
the Federal Power Act (16 U.S.C. 824p(a)). 
(C) COVERED TRANSMISSION PROJECT.— 
The term ‘‘covered transmission project’’ has 
the meaning given the term in section 50152(e) 
of Public Law 117–169 (commonly known as 
the ‘‘Inflation Reduction Act of 2022’’) (42 
U.S.C. 18715a(e)). 
(D) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of Energy. 
(2) ALLOCATION.—In carrying out section 
50152 of Public Law 117–169 (42 U.S.C. 18715a), 
the Secretary shall use, of the amounts appropriated 
by subsection (a) of that section and used for mak-
ing grants under that section— 
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(A) 30 percent to make grants under sub-
section (b)(1) of that section; and 
(B) 70 percent to make grants under sub-
section (b)(2) of that section. 
(3) PRIORITY.—In making grants under sub-
section (b)(2) of section 50152 of Public Law 117– 
169 (42 U.S.C. 18715a), the Secretary shall give 
priority to State, local, or Tribal governmental enti-
ties that, in the determination of the Secretary, are 
among the most significantly impacted by project de-
velopment, construction, or local operations activities 
relating to the covered transmission projects for 
which a grant under that subsection is sought. 
(4) ADDITIONAL
ECONOMIC
DEVELOPMENT 
FUNDING.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), if the Secretary makes a grant 
under section 50152(b)(2) of Public Law 117– 
169 (42 U.S.C. 18715a), the sponsor of the ap-
plicable covered transmission project shall be 
required to contribute, to the recipient of the 
grant, $1 for every $5 provided by the Sec-
retary to that recipient pursuant to the grant. 
(B) COMMUNITY BENEFIT AGREEMENTS.— 
If the sponsor of the applicable covered trans-
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mission project has entered into a community 
benefit agreement, the sponsor may satisfy the 
requirement described in subparagraph (A) 
through contributions or expenditures made 
pursuant to the terms of the applicable commu-
nity benefit agreement. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 1222 of the Energy Policy Act of 
2005 (42 U.S.C. 16421) is amended— 
(A) in subsection (a)(1)(A), by striking 
‘‘section 216(a) of the Federal Power Act’’ and 
inserting ‘‘section 216(b) of the Federal Power 
Act (16 U.S.C. 824p(b))’’; and 
(B) in subsection (b)(1)(A), by striking 
‘‘section 216(a) of the Federal Power Act’’ and 
inserting ‘‘section 216(b) of the Federal Power 
Act (16 U.S.C. 824p(b))’’. 
(2) Section 40106(h)(1)(A) of the Infrastruc-
ture 
Investment 
and 
Jobs 
Act 
(42 
U.S.C. 
18713(h)(1)(A)) is amended by striking ‘‘section 
216(a) of the Federal Power Act 16 U.S.C. 
824p(a)’’ and inserting ‘‘section 216(b) of the Fed-
eral Power Act (16 U.S.C. 824p(b))’’. 
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(3) Section 50151(b) of Public Law 117–169 
(commonly known as the ‘‘Inflation Reduction Act of 
2022’’) (42 U.S.C. 18715(b)) is amended— 
(A) by inserting ‘‘, in consultation with the 
Federal Energy Regulatory Commission,’’ after 
‘‘The Secretary’’; and 
(B) by striking ‘‘electric transmission fa-
cilities designated by the Secretary to be nec-
essary in the national interest under section 
216(a) of the Federal Power Act (16 U.S.C. 
824p(a))’’ and inserting ‘‘national interest elec-
tric transmission facilities (as defined in section 
216(a) of the Federal Power Act (16 U.S.C. 
824p(a)))’’. 
SEC. 3. SUPPORT FOR REGIONAL OFFICES OF COOPER-
ATING AGENCIES. 
There are authorized to be appropriated to the Fed-
eral Energy Regulatory Commission such sums as are nec-
essary to provide funding to cooperating agencies (as de-
fined in section 1508.1 of title 40, Code of Federal Regu-
lations (or a successor regulation)) with respect to quali-
fying projects (as defined in section 216(a) of the Federal 
Power Act (16 U.S.C. 824p(a))) to help cover the costs 
of the staff and resources of the cooperating agency that 
relate to the qualifying project in order to focus those staff 
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and resources on an expeditious review of the qualifying 
project. 
SEC. 4. FERC HIRING AND COMPENSATION AUTHORITY. 
(a) DEFINITION OF COMMISSION.—In this section, 
the term ‘‘Commission’’ means the Federal Energy Regu-
latory Commission. 
(b) APPOINTMENT
AUTHORITY.—Notwithstanding 
any provision of title 5, United States Code, governing ap-
pointments and General Schedule classification and pay 
rates— 
(1) the Chairman of the Commission may des-
ignate positions to which persons may be appointed 
without regard to the civil service laws; and 
(2) the Commission may appoint persons to 
those positions without regard to the civil service 
laws. 
(c) COMPENSATION AUTHORITY.— 
(1) IN GENERAL.—Notwithstanding chapter 51, 
and subchapter III of chapter 53, of title 5, United 
States Code, the Commission may fix the rate of 
basic pay for the positions of individuals described in 
paragraph (2), subject to the limitation described in 
paragraph (3), without regard to the civil service 
laws. 
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(2) INDIVIDUALS
DESCRIBED.—An individual 
referred to in paragraph (1) is— 
(A) an individual appointed under sub-
section (b); or 
(B) any other individual with respect to 
whom the Chairman of the Commission deter-
mines that compensation in accordance with 
that paragraph is necessary or appropriate to 
hire or retain that individual. 
(3) LIMITATION.—The annual rate of basic pay 
for an individual described in paragraph (2) may not 
exceed the per annum rate of salary payable for level 
III of the Executive Schedule under section 5314 of 
title 5, United States Code. 
SEC. 5. DISPOSITION OF CERTAIN REVENUES. 
(a) DEFINITIONS.—In this section: 
(1) COVERED LAND.—The term ‘‘covered land’’ 
means land that is— 
(A) public land; and 
(B) not excluded from the siting, construc-
tion, or modification of electric transmission fa-
cilities under— 
(i) a land use plan established under 
the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.); or 
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(ii) other Federal law. 
(2) FEDERAL LAND.—The term ‘‘Federal land’’ 
means— 
(A) National Forest System land; and 
(B) public land. 
(3) FUND.—The term ‘‘Fund’’ means the Fed-
eral Land Electric Energy Transmission Conserva-
tion Fund established by subsection (d)(1). 
(4) NATIONAL
FOREST
SYSTEM.—The term 
‘‘National Forest System’’ has the meaning given 
the term in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)). 
(5) PUBLIC
LAND.—The term ‘‘public land’’ 
has the meaning given the term ‘‘public lands’’ in 
section 103 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1702). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(b) DISPOSITION OF REVENUES.—Without further 
appropriation or fiscal year limitation, of the amounts col-
lected as bonus bids, rentals, fees, or other payments 
under a right-of-way, permit, lease, or other authorization 
(other than under section 504(g) of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1764(g))) 
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for the siting, construction, or modification of electric 
transmission facilities on covered land or National Forest 
System land— 
(1) for the period beginning on the date of en-
actment of this Act and ending on December 31, 
2039; 
(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) 30 percent shall be paid by the Sec-
retary of the Treasury to the 1 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) 15 percent shall be deposited in the 
Treasury and be made available to the Sec-
retary to facilitate, streamline, and improve 
Federal permit coordination with respect to the 
siting, construction, or modification of electric 
transmission facilities on Federal land, includ-
ing the transfer of the funds by the Bureau of 
Land Management to other Federal agencies 
and State agencies to facilitate the processing 
of permits for the siting, construction, or modi-
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fication of electric transmission facilities on 
Federal land, with priority given to using the 
amounts, to the maximum extent practicable 
without detrimental impacts to emerging mar-
kets, to expediting the issuance of permits re-
quired for the siting, construction, or modifica-
tion of electric transmission facilities in the 
States from which the revenues are derived; and 
(D) 30 percent shall be deposited in the 
Fund; and 
(2) beginning on January 1, 2040— 
(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) 30 percent shall be paid by the Sec-
retary of the Treasury to the 1 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) 10 percent shall be deposited in the 
Treasury and be made available to the Sec-
retary to facilitate, streamline, and improve 
Federal permit coordination with respect to the 
siting, construction, or modification of electric 
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transmission facilities on Federal land, includ-
ing the transfer of the funds by the Bureau of 
Land Management to other Federal agencies 
and State agencies to facilitate the processing 
of permits for the siting, construction, or modi-
fication of electric transmission facilities on 
Federal land, with priority given to using the 
amounts, to the maximum extent practicable 
without detrimental impacts to emerging mar-
kets, to expediting the issuance of permits re-
quired for the siting, construction, or modifica-
tion of electric transmission facilities in the 
States from which the revenues are derived; and 
(D) 35 percent shall be deposited in the 
Fund. 
(c) PAYMENTS TO STATES AND COUNTIES.— 
(1) IN GENERAL.—Amounts paid to States and 
counties under subsection (b) shall be used con-
sistent with section 35 of the Mineral Leasing Act 
(30 U.S.C. 191). 
(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. 
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(d) FEDERAL LAND ELECTRIC ENERGY TRANS-
MISSION CONSERVATION FUND.— 
(1) IN GENERAL.—There is established in the 
Treasury a fund, to be known as the ‘‘Federal Land 
Electric Energy Transmission Conservation Fund’’, 
which shall be administered by the National Fish 
and Wildlife Foundation (referred to in this sub-
section as the ‘‘Foundation’’). 
(2) USE
OF
FUNDS.—The Foundation may 
make amounts in the Fund available to Federal, 
State, local, and Tribal agencies to be distributed in 
regions in which projects for the siting, construction, 
or modification of electric transmission facilities are 
located on Federal land, for the purposes of— 
(A) restoring and protecting— 
(i) fish and wildlife habitat for af-
fected species; 
(ii) fish and wildlife corridors for af-
fected species; and 
(iii) water resources in areas affected 
by projects for the siting, construction, or 
modification of electric transmission facili-
ties; and 
(B) preserving and improving recreational 
access to Federal land and water in an affected 
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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 Foundation may 
enter into cooperative agreements with State, local, 
and Tribal agencies, nonprofit organizations, and 
other appropriate entities to carry out the activities 
described in subparagraphs (A) and (B) of para-
graph (2). 
(4) INVESTMENT OF FUND.— 
(A) IN GENERAL.—Any amounts deposited 
in the Fund shall earn interest in an amount 
determined 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.—Any interest earned under sub-
paragraph (A) may be expended in accordance 
with this subsection. 
(5) REPORT TO CONGRESS.—At the end of each 
fiscal year, the Foundation shall submit to the Com-
mittee on Energy and Natural Resources of the Sen-
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ate and the Committee on Natural Resources of the 
House of Representatives a report identifying— 
(A) the amounts described in subsection 
(b) that were collected during that fiscal year, 
organized by source; 
(B) the amount and purpose of payments 
made to each Federal, State, local, and Tribal 
agency under paragraph (2) during that fiscal 
year; 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 sub-
paragraphs (A) and (B) of paragraph (2). 
Æ 
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