H. R. 6—357
‘‘(i) issue the necessary authorization with any appropriate 
conditions; or 
‘‘(ii) deny the application. 
‘‘(C) The President shall issue a decision not later than 90 
days after the date of the filing of the appeal. 
‘‘(D) In making a decision 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 Policy 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.). 
‘‘(7)(A) Not later than 18 months after the date of enactment 
of this section, the Secretary shall issue any regulations necessary 
to implement this subsection. 
‘‘(B)(i) Not later than 1 year after the date of enactment of 
this section, the Secretary 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 coordi-
nated review and permitting of electricity transmission facilities. 
‘‘(ii) Interested Indian tribes, multistate entities, and State 
agencies may enter the memorandum of understanding. 
‘‘(C) The head of each Federal agency with authority to issue 
a Federal authorization shall designate a senior official responsible 
for, and dedicate sufficient other staff and resources to ensure, 
full implementation of the regulations and memorandum required 
under this paragraph. 
‘‘(8)(A) Each Federal land use authorization for an electricity 
transmission facility shall be issued— 
‘‘(i) for a duration, as determined by the Secretary, commen-
surate with the anticipated use of the facility; and 
‘‘(ii) with appropriate authority to manage the right-of-
way for reliability and environmental protection. 
‘‘(B) On the expiration of the authorization (including an 
authorization issued before the date of enactment of this section), 
the authorization shall be reviewed for renewal taking fully into 
account reliance on such electricity infrastructure, recognizing the 
importance of the authorization for public health, safety, and eco-
nomic welfare and as a legitimate use of Federal land. 
‘‘(9) In exercising the responsibilities under this section, the 
Secretary shall consult regularly with— 
‘‘(A) the Federal Energy Regulatory Commission; 
‘‘(B) electric reliability organizations (including related 
regional entities) approved by the Commission; and 
‘‘(C) Transmission Organizations approved by the Commis-
sion. 
‘‘(i) INTERSTATE COMPACTS.—(1) The consent of Congress is 
given for three or more contiguous States to enter into an interstate 
compact, subject to approval by Congress, establishing regional 
transmission siting agencies to—
H. R. 6—358
‘‘(A) facilitate siting of future electric energy transmission 
facilities within those States; and 
‘‘(B) carry out the electric energy transmission siting 
responsibilities of those States. 
‘‘(2) The Secretary may provide technical assistance to regional 
transmission siting agencies established under this subsection. 
‘‘(3) The regional transmission siting agencies shall have the 
authority to review, certify, and permit siting of transmission facili-
ties, including facilities in national interest electric transmission 
corridors (other than facilities on property owned by the United 
States). 
‘‘(4) 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 
members of the compact are in disagreement and the Secretary 
makes, after notice and an opportunity for a hearing, the finding 
described in subsection (b)(1)(C). 
‘‘(j) RELATIONSHIP TO OTHER LAWS.—(1) 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.). 
‘‘(2) Subsection (h)(6) shall not apply to any unit of the National 
Park System, the National Wildlife Refuge System, the National 
Wild and Scenic Rivers System, the National Trails System, the 
National Wilderness Preservation System, or a National Monument. 
‘‘(k) ERCOT.—This section shall not apply within the area 
referred to in section 212(k)(2)(A).’’. 
(b) REPORTS TO CONGRESS ON CORRIDORS AND RIGHTS-OF-WAY 
ON FEDERAL LANDS.—Not later than 90 days after the date of 
enactment of this Act, the Secretary of the Interior, the Secretary, 
the Secretary of Agriculture, and the Chairman of the Council 
on Environmental Quality shall submit to Congress a joint report 
identifying— 
(1)(A) all existing designated transmission and distribution 
corridors on Federal land and the status of work related to 
proposed transmission and distribution corridor designations 
under title V of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1761 et seq.); 
(B) the schedule for completing the work; 
(C) any impediments to completing the work; and 
(D) steps that Congress could take to expedite the process; 
(2)(A) the number of pending applications to locate trans-
mission facilities on Federal land; 
(B) key information relating to each such facility; 
(C) how long each application has been pending; 
(D) the schedule for issuing a timely decision as to each 
facility; and 
(E) progress in incorporating existing and new such rights-
of-way into relevant land use and resource management plans 
or the equivalent of those plans; and 
(3)(A) the number of existing transmission and distribution 
rights-of-way on Federal land that will come up for renewal 
within the following 5-, 10-, and 15-year periods; and 
(B) a description of how the Secretaries plan to manage 
the renewals.
H. R. 6—359
SEC. 1222. THIRD-PARTY FINANCE. 
(a) EXISTING FACILITIES.—The Secretary, acting through the 
Administrator of the Western Area Power Administration (herein-
after in this section referred to as ‘‘WAPA’’), or through the Adminis-
trator of the Southwestern Power Administration (hereinafter in 
this section referred to as ‘‘SWPA’’), or both, may design, develop, 
construct, operate, maintain, or own, or participate with other enti-
ties in designing, developing, constructing, operating, maintaining, 
or owning, an electric power transmission facility and related facili-
ties (‘‘Project’’) needed to upgrade existing transmission facilities 
owned by SWPA or WAPA if the Secretary, in consultation with 
the applicable Administrator, determines that the proposed 
Project— 
(1)(A) is located in a national interest electric transmission 
corridor designated under section 216(a) of the Federal Power 
Act and will reduce congestion of electric transmission in inter-
state commerce; or 
(B) is necessary to accommodate an actual or projected 
increase in demand for electric transmission capacity; 
(2) is consistent with— 
(A) transmission needs identified, in a transmission 
expansion plan or otherwise, by the appropriate Trans-
mission Organization (as defined in the Federal Power 
Act), if any, or approved regional reliability organization; 
and 
(B) efficient and reliable operation of the transmission 
grid; and 
(3) would be operated in conformance with prudent utility 
practice. 
(b) NEW FACILITIES.—The Secretary, acting through WAPA or 
SWPA, or both, may design, develop, construct, operate, maintain, 
or own, or participate with other entities in designing, developing, 
constructing, operating, maintaining, or owning, a new electric 
power transmission facility and related facilities (‘‘Project’’) located 
within any State in which WAPA or SWPA operates if the Secretary, 
in consultation with the applicable Administrator, determines that 
the proposed Project— 
(1)(A) is located in an area designated under section 216(a) 
of the Federal Power Act and will reduce congestion of electric 
transmission in interstate commerce; or 
(B) is necessary to accommodate an actual or projected 
increase in demand for electric transmission capacity; 
(2) is consistent with— 
(A) transmission needs identified, in a transmission 
expansion plan or otherwise, by the appropriate Trans-
mission Organization (as defined in the Federal Power 
Act) if any, or approved regional reliability organization; 
and 
(B) efficient and reliable operation of the transmission 
grid; 
(3) will be operated in conformance with prudent utility 
practice; 
(4) will be operated by, or in conformance with the rules 
of, the appropriate (A) Transmission Organization, if any, or 
(B) if such an organization does not exist, regional reliability 
organization; and