169 
ument pursuant to this Act, except that 
where the agency determines that an alter-
native will serve a compelling public inter-
est in the affected overburdened commu-
nity with conditions to protect public 
health’’ after ‘‘purpose and need of the 
proposal’’; and 
(ii) in clause (iv)— 
(I) by striking ‘‘man’s’’ and in-
serting ‘‘humankind’s’’; and 
(II) by striking the ‘‘and’’ at the 
end; 
(C) in subparagraph (F), by inserting 
‘‘that 
are 
consistent 
with 
subparagraph 
(C)(iii)’’ after ‘‘feasible alternatives’’; and 
(D) in subparagraph (I), by striking ‘‘man-
kind’s’’ and inserting ‘‘humankind’s’’. 
(c) DEFINITIONS.—Section 111 of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4336e) is 
amended— 
(1) by redesignating paragraphs (10), (11), 
(12), and (13) as paragraphs (13), (15), (16), and 
(17), respectively; 
(2) by inserting after paragraph (9) the fol-
lowing: 
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‘‘(10) EFFECT; IMPACT.—The terms ‘effect’ 
and ‘impact’ mean changes to the human environ-
ment from the proposed action or alternatives that 
are reasonably foreseeable and include the following: 
‘‘(A) Direct effects, which are caused by 
the action and occur at the same time and 
place. 
‘‘(B) Indirect effects, which are caused by 
the action and are later in time or farther re-
moved in distance, but are still reasonably fore-
seeable. Indirect effects may include growth in-
ducing effects and other effects related to in-
duced changes in the pattern of land use, popu-
lation density or growth rate, and related ef-
fects on air and water and other natural sys-
tems, including ecosystems. 
‘‘(C) Cumulative effects, which are effects 
on the environment that result from the incre-
mental effects of the action when added to the 
effects of other past, present, and reasonably 
foreseeable actions regardless of what agency 
(Federal or non-Federal) or person undertakes 
such other actions. Cumulative effects can re-
sult from individually minor but collectively sig-
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nificant actions taking place over a period of 
time. 
‘‘(D) Effects that are ecological (such as 
the effects on natural resources and on the 
components, structures, and functioning of af-
fected ecosystems), aesthetic, historic, cultural, 
economic, social, or health, whether direct, indi-
rect, or cumulative. Effects may also include 
those resulting from actions which may have 
both beneficial and detrimental effects, even if 
on balance the agency believes that the effects 
will be beneficial. 
‘‘(11) LIMITED
ENGLISH
PROFICIENCY.—The 
term ‘limited English proficiency’ means that a 
household does not have an adult that speaks 
English very well according to the United States 
Census Bureau. 
‘‘(12) LOW-INCOME
HOUSEHOLD.—The term 
‘low-income household’ means a household that is at 
or below twice the poverty threshold as that thresh-
old is determined annually by the United States 
Census Bureau.’’; 
(3) by inserting after paragraph (13), as so re-
designated, the following: 
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‘‘(14) OVERBURDENED COMMUNITY.—The term 
‘overburdened community’ means any census block 
group, as determined in accordance with the most 
recent United States Census, in which— 
‘‘(A) at least 35 percent of the households 
qualify as low-income households; 
‘‘(B) at least 40 percent of the residents 
identify as minority or as members of a Tribal 
or Indigenous community; or 
‘‘(C) at least 40 percent of the households 
have limited English proficiency.’’; and 
(4) by adding at the end the following: 
‘‘(18) TRIBAL OR INDIGENOUS COMMUNITY.— 
The term ‘Tribal or Indigenous community’ means a 
community of people who are members of— 
‘‘(A) a federally recognized Indian Tribe; 
‘‘(B) a State-recognized Indian Tribe; 
‘‘(C) an Alaska Native or Native Hawaiian 
community or organization; or 
‘‘(D) any other community of Indigenous 
people located in a State or territory of the 
United States.’’. 
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SEC. 610. INCLUSION OF GREENHOUSE GAS PROJECTIONS 
IN NEPA REVIEWS. 
(a) REQUIREMENT.—In preparing an environmental 
document for a proposed major Federal action, the lead 
agency shall consider the potential effects of— 
(1) the proposed major Federal action on cli-
mate change; and 
(2) the effects of climate change on the pro-
posed major Federal action. 
(b) QUANTIFYING EFFECTS.—In considering the ef-
fects described under subsection (a), the lead agency 
shall— 
(1) quantify the reasonably foreseeable direct 
and indirect greenhouse gas emissions of the pro-
posed major Federal action and reasonable alter-
natives; 
(2) utilize the best available estimates of the so-
cial cost of carbon, as determined by the Chair of 
the Council on Environmental Quality; and 
(3) identify alternatives and mitigation meas-
ures to avoid or reduce greenhouse gas emissions of 
the proposed major Federal action. 
(c) SOCIAL COST OF CARBON DEFINED.—In this sec-
tion, the term ‘‘social cost of carbon’’ means a quantifica-
tion, in dollars, of the long-term damage caused by a ton 
of carbon dioxide emissions in a given year. 
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SEC. 611. ESTABLISHMENT OF COMMUNITY BENEFITS 
AGREEMENTS. 
(a) CONSIDERATION IN NEPA.—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 major Federal ac-
tion that may have reasonably foreseeable adverse public 
health or environmental impacts, the lead agency shall 
take into consideration whether a project sponsor has en-
tered into a community benefits agreement with a State, 
a unit of local government, an Indian Tribe, a labor orga-
nization, or a community benefits organization that may 
include the disbursement of funds for social, economic, or 
environmental benefits that will— 
(1) offset adverse impacts resulting from the 
construction or operation of the proposed major 
Federal action; or 
(2) address legacy or historical harm or adverse 
cumulative social, economic, or environmental im-
pacts in the location in which the proposed major 
Federal action is to be carried out. 
(b) PROJECTS REQUIRING ENVIRONMENTAL IMPACT 
STATEMENTS.—The lead agency with respect to a pro-
posed project that requires the preparation of an environ-
mental impact statement may require the project sponsor 
to enter into a community benefits agreement with a 
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State, a unit of local government, an Indian Tribe, a labor 
organization, or a community benefits organization to off-
set, in full or in part, any significant adverse social, eco-
nomic, or environmental impacts that would result from 
the construction or operation of the project. 
(c) CONSIDERATIONS.—In determining whether to 
require a project sponsor to enter into a community bene-
fits agreement under subsection (c), the lead agency shall 
consider— 
(1) the available resources of the project spon-
sor; 
(2) the scale of the project and degree of im-
pacts, including cumulative impacts to communities 
with environmental justice concerns; and 
(3) the benefits from the project to be received 
by the community or communities, relative to the 
adverse impacts resulting from the project. 
(d) NEGOTIATION.— 
(1) IN SPONSOR.—A community benefits agree-
ment shall be negotiated between the project sponsor 
and the State, unit of local government, Indian 
Tribe, labor organization, or community benefits or-
ganization, as applicable. 
(2) TECHNICAL ASSISTANCE.—On request of a 
State, unit of local government, Indian Tribe, or a 
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community benefits organization the lead agency 
may provide technical assistance to the State, unit 
of local government, Indian Tribe, labor organiza-
tion, or community benefits organization in devel-
oping and negotiating a community benefits agree-
ment. 
(3) THIRD PARTY NEUTRAL.—For a community 
benefits agreement required by a lead agency under 
subsection (b), the lead agency— 
(A) may request a representative of the 
Conflict Prevention and Resolution Center of 
the Environmental Protection Agency or the 
John S. McCain III National Center for Envi-
ronmental Conflict Resolution to act as a neu-
tral third party in the negotiation and prepara-
tion of the community benefits agreement; and 
(B) shall reimburse the Environmental 
Protection Agency (unless the lead agency is 
the Environmental Protection Agency) or the 
Udall Foundation for the reasonable costs of 
that service. 
(4) MECHANISM FOR HOLDING FUNDS.—Nego-
tiation relating to a community benefits agreement 
shall address the mechanism through which funds 
associated with the community benefits agreement 
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will be held and dispersed, such as through a trust 
fund or similar instrument. 
(e) USE OF FUNDS.—Funds received by a State, unit 
of local government, Indian Tribe, labor organization, or 
community benefits organization under a community bene-
fits agreement shall be used for any activity or the con-
struction or modification of infrastructure that— 
(1) is beneficial to communities affected by the 
applicable project; 
(2) is identified as a priority by any State, unit 
of local government, or Indian Tribe that is a party 
to the community benefits agreement; and 
(3) is inclusive of labor organizations capable of 
completing construction or modification. 
(f) DEFINITIONS.—In this section: 
(1) COMMUNITY BENEFITS AGREEMENT.—The 
term ‘‘community benefits agreement’’— 
(A) means an agreement to carry out ac-
tivities to address historical or legacy impacts 
that continue to contribute to cumulative im-
pacts that are identified under a community im-
pact report prepared under section 606; and 
(B) includes— 
(i) commitments by a project sponsor 
to hire members of the local workforce dur-
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ing construction, operation, or mainte-
nance of the applicable project; and 
(ii) the disbursement of funds for so-
cial, economic, or environmental benefits 
that will— 
(I) offset adverse impacts result-
ing from the construction or operation 
of the applicable project; or 
(II) address legacy or historical 
harm or adverse cumulative impacts 
in the location in which the applicable 
project is to be carried out. 
(2) COMMUNITY BENEFITS ORGANIZATION.—In 
this section, the term ‘‘community benefits organiza-
tion’’ means an organization that— 
(A) is described in section 501(c)(3) of the 
Internal Revenue Code of 1986 and is exempt 
from taxation under section 501(a) of such 
Code; and 
(B) is formed to protect the human health 
and environment of communities in the area in 
which a proposed major Federal action is to be 
carried out. 
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179 
SEC. 612. REQUIREMENT OF TIMELY PUBLIC RELEASE OF 
NEPA DOCUMENTATION. 
(a) IN GENERAL.—To achieve the goals described in 
section 1507.4 of title 40, Code of Federal Regulations 
(or a successor regulation), to allow agencies and the pub-
lic to efficiently and effectively access information relating 
to environmental reviews required under the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
the lead agency for a proposed major Federal action shall 
make the documents identified under subsection (b) with 
respect to such proposed major Federal action available 
to the public in a searchable, digital format when such 
documents are completed by the lead agency, or in the 
case of final documents, finalized by the agency. The lead 
agency may make such documents available to the public 
in a searchable, digital format by— 
(1) publishing and maintaining such documents 
on the public website or websites of the applicable 
agency or agencies; and 
(2) uploading such documents to the E–NEPA 
online permitting portal established under subsection 
(b) of section 110 of the National Environmental 
Policy Act of 1969 (as added by section 615(b) of 
this Act). 
(b) DOCUMENTS.—The documents identified under 
this subsection are the following: 
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(1) Any notice of intent and other scoping no-
tices. 
(2) Any draft and final environmental assess-
ments and findings of no significant impacts. 
(3) Any draft, final, and supplemental environ-
mental impact statements. 
(4) Any records of decision. 
(5) Any documentation associated with a deter-
mination to proceed with the proposed major Fed-
eral action under a categorical exclusion. 
(6) Any additional related documentation. 
(c) TIMING.—The lead agency shall make the docu-
ments identified under subsection (b) available to the pub-
lic in a searchable, digital format under subsection (a) by 
not later than the earlier of— 
(1) 3 days after the date on which the lead 
agency completes the document; and 
(2) 3 days after the date on the document is 
published in the Federal Register. 
(d) COOPERATING AGENCIES.—A cooperating agency 
shall publish a link to the location on the website of the 
lead agency to the documents identified under subsection 
(b) on which the agency was a cooperating agency. 
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SEC. 613. ESTABLISHMENT OF GRANTS FOR CAPACITY 
BUILDING AND COMMUNITY ENGAGEMENT. 
(a) IN GENERAL.—The Administrator of the Envi-
ronmental Protection Agency shall make grants to States, 
units of local government, Indian Tribes, and nonprofit 
associations which may be used for purposes of— 
(1) increasing the capacity of such organiza-
tions to conduct activities related to proposed major 
Federal actions, and State, local, and Tribal envi-
ronmental reviews, permits, and consultations, in-
cluding by— 
(A) compiling data and conducting anal-
yses, planning, and environmental review; 
(B) determining potential economic, social, 
public health, and environmental impacts; and 
(C) identifying opportunities to mitigate 
such impacts; 
(2) enhancing community engagement opportu-
nities related to environmental reviews; 
(3) identifying zones for renewable energy de-
velopment; 
(4) facilitating the siting of renewable energy- 
related facilities and infrastructure; 
(5) providing technical assistance to units of 
local government to establish renewable energy zon-
ing ordinances; and 
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(6) training and hiring personnel, and other ac-
tivities to increase the capacity of States, units of 
local government, Indian Tribes, and nonprofit asso-
ciations, as applicable, to carry out activities de-
scribed in paragraphs (1) through (5). 
(b) FUNDING.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Ad-
ministrator of the Environmental Protection Agency 
to make grants under subsection (a) $500,000,000 
for each of fiscal years 2024 through 2029. 
(2) ENVIRONMENTAL REVIEW FUND.—In addi-
tion to amounts made available under paragraph 
(1), the Administrator may use amounts available in 
the Environmental Review Fund for the Environ-
mental Protection Agency established under section 
614(c) to make grants to under subsection (a). 
SEC. 614. ESTABLISHMENT OF FEES FOR ENVIRONMENTAL 
REVIEWS 
AND 
AUTHORIZATIONS 
FOR 
PROJECTS. 
(a) ESTABLISHMENT OF FEES.— 
(1) IN GENERAL.—The head of each Federal 
agency required or authorized to complete an envi-
ronmental document or an authorization for a major 
Federal action shall issue regulations to collect fees 
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for work to complete any such environmental docu-
ment or authorization. 
(2) SPECIFICATIONS.—A fee collected under 
paragraph (1) shall be, as determined by the head 
of the applicable Federal agency— 
(A) fair; 
(B) sufficient to cover the costs to the 
Federal agency of completing the environmental 
document or authorization; and 
(C) consistent with the guidance estab-
lished by the Council on Environmental Quality 
and the Office of Management and Budget 
under subsection (b). 
(3) ADDITIONAL
CONSIDERATIONS.—In col-
lecting a fee under paragraph (1), the head of a 
Federal agency may also consider— 
(A) the value of the service or thing to the 
individual or entity that receives a completed 
environmental review or authorization; 
(B) the public interest served by the major 
Federal action; 
(C) the complexity of the major Federal 
action and number of agencies involved as co-
operating agencies; 
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(D) potential impacts of the major Federal 
action on small businesses; and 
(E) other relevant factors, as determined 
by the head of the Federal agency. 
(4) DEPOSIT OF FEES.—Fees collected under 
this subsection shall be deposited into the applicable 
Environmental Review Fund established under sub-
section (c)(1). 
(b) GUIDANCE.—Not later than 120 days after the 
date of enactment of this Act, the Council on Environ-
mental Quality and the Office of Management and Budget 
shall issue joint guidance for Federal agencies to facilitate 
the collection of fees under subsection (a) and the report-
ing of data under subsection (c)(5). 
(c) ENVIRONMENTAL REVIEW FUNDS.— 
(1) ESTABLISHMENT.—There is established at 
each Federal agency with authority for completing 
environmental reviews or authorizations required by 
law an Environmental Review Fund (referred to in 
this subsection as a ‘‘Fund’’), consisting of fees es-
tablished under subsection (a) that are collected by 
the Federal agency. 
(2) AVAILABILITY.—Amounts in a Fund and 
amounts transferred to an agency under paragraph 
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(3) shall be available to the applicable Federal agen-
cy, without further appropriation, for— 
(A) environmental review staff salaries and 
training and third-party contracts to support 
the completion of environmental documents and 
authorizations for major Federal actions; 
(B) environmental data collection; 
(C) development of documents and anal-
yses that will facilitate timely environmental re-
views, including programmatic analyses and 
memoranda of understanding; 
(D) monitoring compliance with terms and 
conditions included in authorizations for major 
Federal actions; and 
(E) other activities and services that will 
facilitate timely environmental reviews, as de-
termined by the head of the Federal agency. 
(3) TRANSFER AUTHORITY.— 
(A) IN GENERAL.—A Federal agency for 
which a Fund is established by paragraph (1) 
may transfer amounts in such a Fund to an-
other Federal agency— 
(i) for work performed as a cooper-
ating agency to complete an environmental 
document for a major Federal action that 
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is subject to a fee established by the Fed-
eral agency under subsection (a); 
(ii) to pay the costs of conducting and 
completing responsibilities required under 
other Federal law for the major Federal 
action on which the Federal agency is serv-
ing as the lead agency; or 
(iii) to fund liaison positions at an-
other Federal agency to facilitate inter-
agency coordination and timely completion 
of environmental documents and authoriza-
tions for major Federal action. 
(B) ACCEPTANCE OF FUNDS.—A Federal 
agency with a Fund shall have the authority to 
accept funding transferred by another agency 
under subparagraph (A). 
(4) PROGRAMMATIC
ENVIRONMENTAL
REVIEW 
FUND.— 
(A) ESTABLISHMENT.—A Federal agency 
for which a Fund is established by paragraph 
(1) may establish, by issuing regulations, within 
the Fund a separate programmatic environ-
mental review fund. 
(B) CONTRIBUTION
BY
PROJECT
SPON-
SORS.—A Federal agency may allow a project 
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sponsor or group of project sponsors to con-
tribute to a programmatic environmental review 
fund established under subparagraph (A) to fa-
cilitate the development of a programmatic en-
vironmental review. 
(C) FEES FOR PROGRAMMATIC ENVIRON-
MENTAL REVIEWS.—A Federal agency that es-
tablished a programmatic environmental review 
fund under subparagraph (A) may establish 
fees, consistent with specifications and consider-
ations under subsection (a), when the environ-
mental document for a project carried out by a 
project sponsor will tier off the programmatic 
environmental review, consistent with section 
1501.11 of title 40, Code of Federal Regula-
tions (or a successor regulation). 
(5) REPORT.—The head of each Federal agency 
for which a Fund is established by paragraph (1) 
shall prepare, and make publicly available on the 
website of the Federal agency, an annual report on 
the collection and use of fees under subsection (a) 
and this subsection. 
(6) CLARIFICATIONS.— 
(A) AMOUNTS
IN
FUND.—Amounts in a 
Fund shall supplement existing amounts au-
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thorized to carry out activities described in 
paragraph (2). 
(B) POSITIONS.—A Federal agency using 
amounts in a Fund shall not be subject to any 
limitation relating to the number of full-time 
equivalent employees of the Federal agency oth-
erwise imposed by law. 
(d) EXEMPTION.—A Federal agency that establishes 
a fee under subsection (a) may exempt an entity from such 
a fee if, as determined by the Federal agency, the fee 
would impose an undue financial burden or is otherwise 
determined to be inappropriate. 
SEC. 615. ESTABLISHMENT OF INTERAGENCY ENVIRON-
MENTAL DATA SYSTEM. 
(a) ENVIRONMENTAL DATA SYSTEMS.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of the Clean Electricity and 
Transmission Acceleration Act of 2023, the Council 
on Environmental Quality (referred to in this section 
as the ‘‘Council’’), in coordination with, and support 
from, the Administrator of the Environmental Pro-
tection Agency (referred to in this section as the 
‘‘Administrator’’) and the Director of the Office of 
Management and Budget (referred to in this section 
as the ‘‘Director’’) and in consultation with the Fed-
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eral Geographic Data Committee and heads of Fed-
eral agencies with relevant geographic information 
system data, shall develop linked interagency envi-
ronmental data collection systems that include 
georeferenced qualitative and quantitative data for 
use by all Federal agencies in preparing any envi-
ronmental document and tracking environmental 
outcomes of major Federal actions, including— 
(A) environmental documents; 
(B) data on mitigation commitments re-
quired in environmental documents; and 
(C) monitoring and compliance data and 
information required under Federal environ-
mental laws. 
(2) 
REQUIREMENTS.—In 
developing 
linked 
interagency environmental data collection systems 
under paragraph (1), the Council, in coordination 
with the Administrator and the Director, shall— 
(A) facilitate— 
(i) the reduction of administrative 
costs borne by project developers, including 
in the establishment of the permitting por-
tal under section 110(b) of the National 
Environmental Policy Act of 1969; 
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(ii) the reduction of the duplication of 
efforts by Federal and State agencies; 
(iii) the standardization of the collec-
tion of information on environmental im-
pacts and outcomes; and 
(iv) the tracking of long-term environ-
mental outcomes, including the efficacy of 
mitigation commitments; 
(B) make the linked interagency environ-
mental data collection systems developed under 
paragraph (1) publicly available, to the extent 
consistent with section 552 of title 5, United 
States Code, and any exemption from disclosure 
of sensitive site-specific information under ap-
plicable law; 
(C) include tools that— 
(i) enhance the abilities of Federal 
agencies to conduct the public outreach 
and engagement required under the Na-
tional Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); 
(ii) enable Federal agencies to publish 
information regarding public engagement 
opportunities under the National Environ-
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191 
mental Policy Act of 1969 (42 U.S.C. 
4321 et seq.); and 
(iii) facilitate opportunities for the 
public to provide Federal agencies with rel-
evant environmental or scientific informa-
tion and data, including locally-specific en-
vironmental data, that could complement 
monitoring efforts and enhance evidence- 
based decision making; 
(D) facilitate coordination between Federal 
and State agencies, including by providing for 
up-to-date georeferenced information sharing 
about current Federal agency actions; 
(E) enable States to integrate relevant 
State-level environmental data; 
(F) standardize and enhance the use of 
nonconfidential geographic information and 
geospatial data in the preparation of environ-
mental documents and in the authorization and 
permitting of major Federal actions; 
(G) use an interactive, digital, and cloud- 
based platform; 
(H) ensure that data is searchable, acces-
sible, interoperable, reusable, and includes— 
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(i) digital geographic information sys-
tem data or other location data for the ac-
tivities for which an environmental impact 
statement or an environmental assessment 
was prepared; 
(ii) each environmental impact state-
ment and environmental assessment, in-
cluding appendices, in a machine-readable 
format; and 
(iii) to the extent practicable, geo-
graphic information system data or other 
location data for documents, permits, mon-
itoring reports, or reports prepared under 
State environmental review laws; 
(I) allow users to find specific documents 
and specific types of information, such as— 
(i) analyses of types of environmental 
impact; 
(ii) analyses of types of major Federal 
actions; 
(iii) geographic location of major Fed-
eral actions; 
(iv) ecological, cultural, and historical 
features and resources; and 
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(v) other categories, as determined by 
the Council, the Administrator, and the 
Director; and 
(J) enable sponsors of major Federal ac-
tions and the public— 
(i) to identify project locations that 
would avoid or minimize impacts; and 
(ii) to conduct preliminary scoping of 
impacts. 
(3) EXISTING
DATA.—In developing linked 
interagency environmental data collection systems 
under paragraph (1), the Council in coordination 
with the Administrator and the Director, shall incor-
porate relevant information from existing geographic 
information systems and other relevant systems and 
databases. 
(4) AGENCY RESPONSIBILITIES.—Each Federal 
agency that is required to prepare an environmental 
document or otherwise maintains relevant environ-
mental data shall— 
(A) participate in the development of 
linked interagency environmental data collection 
systems under paragraph (1); 
(B) make relevant environmental data 
available to be integrated into those linked 
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interagency environmental data collection sys-
tems; and 
(C) make environmental documents avail-
able to be integrated into those linked inter-
agency environmental data collection systems. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Coun-
cil on Environmental Quality to develop linked inter-
agency environmental data collection systems under 
subsection (a)(1) $20,000,000 for each of fiscal 
years 2023 through 2028. 
(b) E–NEPA IMPLEMENTATION.—Section 110 of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4336d) is amended— 
(1) by redesignating subsection (b) as sub-
section (c); 
(2) by adding after subsection (b) the following: 
‘‘(b) PERMITTING PORTAL.—Not later than 1 year 
after the date of enactment of the Clean Electricity and 
Transmission Acceleration Act of 2023, the Council on 
Environmental Quality shall establish an online permitting 
portal— 
‘‘(1) with the parameters described in para-
graphs (1) through (3) of subsection (a) for major 
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Federal actions that require review under section 
102(2)(C); and 
‘‘(2) through which the public can access the 
documents identified under section 612(b) of the 
Clean Electricity and Transmission Acceleration Act 
of 2023.’’; and 
(3) in subsection (c), as so redesignated— 
(A) by striking ‘‘There is authorized’’ and 
inserting the following: 
‘‘(1) STUDY.—There is authorized’’; and 
(B) by adding at the end the following: 
‘‘(2) PERMITTING PORTAL.—There is author-
ized to be appropriated $1,000,000 for the Council 
on Environmental Quality to carry out subsection 
(b).’’. 
SEC. 616. TRANSFERENCE OF UNOBLIGATED BALANCES 
FOR USE UNDER THE ENDANGERED SPECIES 
ACT. 
(a) IN GENERAL.—Unobligated balances of amounts 
made available by division J of the Infrastructure Invest-
ment and Jobs Act (Public Law 117–58) to any agency 
funded by the Infrastructure Investment and Jobs Act 
may be transferred to and merged with amounts otherwise 
made available to the United States Fish and Wildlife 
Service and the National Marine Fisheries Service for the 
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costs of carrying out consultation and conference respon-
sibilities under section 7 of the Endangered Species Act 
of 1973 (16 U.S.C. 1536) in connection with activities and 
projects funded by the Infrastructure Investment and 
Jobs Act (Public Law 117–58). 
(b) SUPPLEMENT NOT SUPPLANT.—Amounts trans-
ferred pursuant to subsection (a) shall supplement, not 
supplant, amounts and transfer authorities otherwise 
available to the United States Fish and Wildlife Service 
and the National Marine Fisheries Service for the costs 
of carrying out the responsibilities described in subsection 
(a). 
(c) 
EMERGENCY
REQUIREMENT.—Any 
amount 
transferred pursuant to this section that, at the time of 
such transfer, is designated by the Congress as an emer-
gency requirement pursuant to section 4112(a) of H. Con. 
Res. 71 (115th Congress), the concurrent resolution on 
the budget for fiscal year 2018, or section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985, shall retain such designation. 
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SEC. 617. DESIGNATION OF SENIOR COMMUNITY ENGAGE-
MENT OFFICERS AND TRIBAL COMMUNITY 
ENGAGEMENT OFFICERS. 
(a) DESIGNATION OF SENIOR COMMUNITY ENGAGE-
MENT OFFICERS AND TRIBAL COMMUNITY ENGAGEMENT 
OFFICERS.— 
(1) IN GENERAL.—The head of each Federal 
agency required or authorized to complete an envi-
ronmental document or an authorization for a major 
Federal action shall designate— 
(A) 1 or more appropriate employees or of-
ficials of the applicable Federal agency to serve 
as a senior community engagement officer (re-
ferred to in this section as an ‘‘SCO’’); and 
(B) 1 or more appropriate employees or of-
ficials of the applicable Federal agency (other 
than an employee or official designated as an 
SCO under subparagraph (A)) to serve as a 
Tribal community engagement officer (referred 
to in this section as a ‘‘TEO’’). 
(2) RESPONSIBILITIES OF AN SCO AND TEO.— 
An SCO and a TEO shall— 
(A) oversee community or Tribal, as appli-
cable, engagement in environmental review and 
authorization processes carried out by the Fed-
eral agency; 
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(F) provide technical support and capacity 
building, on request of a community or an In-
dian Tribe to enhance the ability of commu-
nities and Indian Tribes to engage construc-
tively in Federal agency decision making; and 
(G) assist in developing and negotiating 
community benefits agreements consistent with 
section 611. 
(3) REPORTING.—An SCO and a TEO shall re-
port directly to a Deputy Secretary (or equivalent) 
or higher position in the Federal agency in which 
the SCO or TEO serves. 
(4) GUIDANCE.—The Director of the Office of 
Management and Budget shall establish any guid-
ance necessary to establish SCO and TEO positions 
not later than 2 years of the date of enactment of 
this Act. 
(b) REGIONAL COMMUNITY ENGAGEMENT OFFI-
CERS.—A Federal agency may appoint regional commu-
nity engagement officers to support community and Tribal 
engagement in environmental review and authorization 
processes carried out by the Federal agency within a re-
gion impacted by a proposed major Federal project, in-
cluding by carrying out activities— 
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(1) to identify and implement approaches to ex-
pand and improve early, meaningful community and 
Tribal engagement relating to the environmental re-
view and authorization processes carried out by the 
Federal agency; 
(2) to identify and avoid or resolve conflicts 
with affected communities and Indian Tribes that 
have the potential to delay environmental review and 
authorization processes carried out by the Federal 
agency; 
(3) to identify opportunities with affected com-
munities and Indian Tribes to accelerate the envi-
ronmental review and authorization processes car-
ried out by the Federal agency; 
(4) to provide technical support and capacity 
building, on request of a community or an Indian 
Tribe, to enhance the ability of communities or In-
dian Tribes to engage constructively in Federal 
agency decision making; and 
(5) to assist in developing and negotiating com-
munity benefits agreements consistent with section 
611. 
(c) APPLICATION.—Notwithstanding any other provi-
sion of law, chapter 10 of title 5, United States Code 
(commonly known as the ‘‘Federal Advisory Committee 
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201 
Act’’), shall not apply to stakeholder engagement proc-
esses or public comment activities that are required under 
or proceeding from a Federal environmental permitting 
process and led by an SCO, a TEO, or a regional commu-
nity engagement officer appointed under subsection (b). 
(d) FAST 41.— 
(1) DEFINITION
OF
AGENCY
SCO.—Section 
41001 of the FAST Act (42 U.S.C. 4370m) (as 
amended by section 201(a)(2)(A)) is amended— 
(A) 
by 
redesignating 
paragraphs 
(2) 
through (18) as paragraphs (3) through (19), 
respectively; and 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) AGENCY
SCO.—The term ‘agency SCO’ 
means the senior community engagement officer of 
an agency, as designated by the head of the agency 
under section 617(a)(1)(A) of the Clean Electricity 
and Transmission Acceleration Act of 2023.’’. 
(2) 
DISPUTE
RESOLUTION.—Section 
41003(c)(2)(C)(i) of the FAST Act (42 U.S.C. 
4370m–2(c)(2)(C)(i)) is amended by striking ‘‘agen-
cy CERPOs’’ and inserting ‘‘agency CERPOs, agen-
cy SCOs,’’. 
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(3) ENVIRONMENTAL
REVIEW
IMPROVEMENT 
FUND.—Section 41009(d)(3) of the FAST Act (42 
U.S.C. 4370m–8(d)(3)) is amended— 
(A) by striking ‘‘facilitate timely’’ and in-
serting ‘‘facilitate early, meaningful community 
engagement and timely’’; and 
(B) by inserting ‘‘and agency SCOs’’ after 
‘‘agency CERPOs’’. 
SEC. 618. ESTABLISHMENT OF FERC ENVIRONMENTAL JUS-
TICE LIAISON. 
Section 319 of the Federal Power Act (16 U.S.C. 
825q–1) is amended by adding at the end the following: 
‘‘(c)(1) The Director shall appoint within the Office 
at least one environmental justice liaison. 
‘‘(2) A liaison shall engage and consult with environ-
mental justice communities that are determined by the Di-
rector to be reasonably likely to be affected by the con-
struction or operation of projects authorized by the Com-
mission to— 
‘‘(A) increase the awareness of such projects; 
‘‘(B) solicit input from such environmental jus-
tice communities on such projects; and 
‘‘(C) aid in the planning of such projects to 
minimize any adverse effects on human health or the 
environment. 
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‘‘(3) In engaging and consulting with the environ-
mental justice communities described in paragraph (2), a 
liaison shall coordinate with, as applicable— 
‘‘(A) the appropriate counterparts of Tribal, 
State, or a local governments; 
‘‘(B) community-based organizations; 
‘‘(C) faith-based organizations; 
‘‘(D) local small businesses; and 
‘‘(E) representatives of any other groups, orga-
nizations, or individuals, as determined by the liai-
son. 
‘‘(4) In this subsection: 
‘‘(A) The term ‘environmental justice commu-
nity’ means any population of color, community of 
color, indigenous community, or low-income commu-
nity that experiences a disproportionate burden of 
the adverse human health or environmental impacts 
of pollution or other environmental hazards. 
‘‘(B) The term ‘liaison’ means an environmental 
justice liaison appointed by the Director under para-
graph (1).’’. 
SEC. 619. REQUIREMENT FOR INTERVENOR FUNDING AT 
FERC OFFICE OF PUBLIC PARTICIPATION. 
(a) IN GENERAL.—Section 319(b)(2) of the Federal 
Power Act (16 U.S.C. 825q–l(b)(2)) is amended by strik-
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ing ‘‘The Commission may’’ and inserting ‘‘The Commis-
sion shall’’. 
(b) RULEMAKING.—Not later than 180 days after the 
date of enactment of this Act, the Federal Energy Regu-
latory Commission shall promulgate a final rule to provide 
compensation under section 319(b)(2) of the Federal 
Power Act (16 U.S.C. 825q–1(b)(2)), as amended by this 
section. Under such rule the Commission shall require that 
each intervenor or participant file a disclosure form of 
earned and unearned income to identify conflicts of inter-
est. Such form shall not be overly burdensome. 
SEC. 620. REFORM OF RTO AND ISO GOVERNANCE AND 
PARTICIPATION. 
(a) TECHNICAL CONFERENCE.—Not later than 180 
days after the date of enactment of this section, the Fed-
eral Energy Regulatory Commission shall convene a tech-
nical conference to consider Regional Transmission Orga-
nization and Independent System Operator independence, 
the responsiveness of RTOs and ISOs to their customers 
and other stakeholders, and ways for RTOs and ISOs to 
increase the equitable treatment of their customers and 
other stakeholders, including the effectiveness of stake-
holder policies and procedures adopted in compliance with 
the final rule titled ‘‘Wholesale Competition in Regions 
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With Organized Electric Markets’’ published in the Fed-
eral Register on October 28, 2008 (73 Fed. Reg. 64100). 
(b) PARTICIPATION.—The technical conference con-
vened under subsection (a) shall be led by members of the 
Commission, and the Commission shall invite participation 
from representatives of each RTO and ISO, owners and 
operators of transmission facilities, owners and operators 
of electric generation facilities, owners and operators of 
distributed energy generation systems, end-use customers, 
electric power marketers, publicly owned electric utilities, 
consumer advocates, environmental justice advocates, en-
vironmental groups, State commissions, and such other 
stakeholders as the Commission determines appropriate. 
(c) TOPICS.—In conducting the technical conference 
convened under subsection (a), the Commission shall seek 
to identify policies and procedures that maintain RTO and 
ISO independence, and enhance the responsiveness of 
RTOs and ISOs to their customers and other stake-
holders, taking into consideration— 
(1) the benefits of greater transparency in RTO 
and ISO stakeholder processes, including access by 
stakeholders to relevant data and written back-
ground materials; 
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(2) barriers to participation in such stakeholder 
processes for new market participants and other 
non-incumbent stakeholders; 
(3) the need for periodic, independent review of 
RTO and ISO stakeholder policies and procedures; 
(4) power imbalances between incumbent and 
non-incumbent stakeholders, including whether cur-
rent RTO and ISO membership rules, sectoral des-
ignations, and voting procedures allow for adequate 
representation of all stakeholder views; 
(5) whether and how RTOs and ISOs should 
take State public policy objectives into consideration 
as part of such stakeholder processes; 
(6) whether existing RTO and ISO decision- 
making processes are sufficiently independent from 
the control of any market participant or class of par-
ticipants; 
(7) the role of the Office of Public Participation 
of the Commission in facilitating greater stakeholder 
participation in RTOs and ISOs; and 
(8) such other subjects as the Commission con-
siders appropriate. 
(d) PUBLIC COMMENT.—The Commission shall pro-
vide an opportunity for public comment on the technical 
conference convened under subsection (a). 
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(e) RULEMAKING.—Not later than 18 months after 
the conclusion of the technical conference convened under 
subsection (a), the Commission shall issue a final rule 
adopting such policies and procedures as the Commission 
determines necessary to maintain the independence of 
RTOs and ISOs, and to enhance the transparency and re-
sponsiveness of RTOs and ISOs to their customers and 
other stakeholders. 
(f) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Energy Regulatory Commission. 
(2) FEDERAL POWER ACT DEFINITIONS.—The 
terms ‘‘electric utility’’, ‘‘Independent System Oper-
ator’’, ‘‘ISO’’, ‘‘Regional Transmission Organiza-
tion’’, ‘‘RTO’’, and ‘‘State commission’’ have the 
meanings given such terms in section 3 of the Fed-
eral Power Act (16 U.S.C. 796). 
SEC. 621. SAVINGS CLAUSE. 
Nothing in this title diminishes— 
(1) any right granted through the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) to the public; or 
(2) the requirements under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
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seq.) to consider direct, indirect, and cumulative im-
pacts. 
SEC. 622. DEFINITIONS. 
In this title: 
(1) AFFECTED ENVIRONMENTAL JUSTICE COM-
MUNITY.—The term ‘‘affected environmental justice 
community’’ means an environmental justice commu-
nity that may experience adverse health and environ-
mental impacts as a result of a major Federal ac-
tion. 
(2) CATEGORICAL
EXCLUSION; COOPERATING 
AGENCY; ENVIRONMENTAL ASSESSMENT; ENVIRON-
MENTAL
DOCUMENT; 
ENVIRONMENTAL
IMPACT 
STATEMENT; LEAD AGENCY.—The terms ‘‘categor-
ical exclusion’’, ‘‘cooperating agency’’, ‘‘environ-
mental assessment’’, ‘‘environmental document’’, 
‘‘environmental impact statement’’, ‘‘lead agency’’, 
and ‘‘participating Federal agency’’ have the mean-
ings given such terms in section 111 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4336e). 
(3) COMMUNITY OF COLOR.—The term ‘‘com-
munity of color’’ means a geographically distinct 
area in which the population of any of the following 
categories of individuals is higher than the average 
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population of that category for the State in which 
the community is located: 
(A) Black. 
(B) African American. 
(C) Asian. 
(D) Pacific Islander. 
(E) Other non-White race. 
(F) Hispanic. 
(G) Latino. 
(H) Linguistically isolated. 
(I) Middle Eastern and North African. 
(4) ENVIRONMENTAL
JUSTICE
COMMUNITY.— 
The term ‘‘environmental justice community’’ means 
a community with significant representation of com-
munities of color, low-income communities, or Tribal 
and Indigenous communities that experience, or are 
at risk of experiencing, a disproportionate burden of 
the adverse human health or environmental impacts 
of pollution or other environmental hazards. 
(5) LOW-INCOME COMMUNITY.—The term ‘‘low- 
income community’’ means any census block group 
in which 30 percent or more of the population are 
individuals with an annual household income equal 
to, or less than, the greater of— 
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(A) an amount equal to 80 percent of the 
median income of the area in which the house-
hold is located, as reported by the Department 
of Housing and Urban Development; and 
(B) 200 percent of the Federal poverty 
line. 
(6) MAJOR
FEDERAL
ACTION.—The term 
‘‘major Federal action’’ means a major Federal ac-
tion significantly affecting the quality of the human 
environment under section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4332(C)(2)). 
(7) TRIBAL
AND
INDIGENOUS
COMMUNITY.— 
The term ‘‘Tribal and Indigenous community’’ 
means a population of people who are members of— 
(A) a federally recognized Indian Tribe; 
(B) a State-recognized Indian Tribe; 
(C) an Alaska Native community or orga-
nization; 
(D) a Native Hawaiian community or or-
ganization; or 
(E) any other Indigenous community lo-
cated in a State. 
Æ 
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