H.R. 7329

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7329 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 7329

To amend the Energy Act of 2020, the Geothermal Steam Act of 1970, the 
Energy Policy Act of 2005, and the Mineral Leasing Act to streamline 
the leasing and permitting processes of Federal agencies for certain 
energy and mineral projects, to clarify Federal authorization 
requirements for certain projects on non-Federal land, to establish 
enforceable Federal authorization timelines and expedited judicial 
remedies, to limit Federal actions halting fully permitted projects, to 
create a de-risking compensation program, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 3, 2026

Mr. Harder of California (for himself, Mr. Lawler, Mr. Bacon, Mr. Gray, 
Mr. Edwards, and Ms. McDonald Rivet) introduced the following bill; 
which was referred to the Committee on Natural Resources, and in 
addition to the Committees on Agriculture, Energy and Commerce, 
Transportation and Infrastructure, Science, Space, and Technology, and 
the Judiciary, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To amend the Energy Act of 2020, the Geothermal Steam Act of 1970, the 
Energy Policy Act of 2005, and the Mineral Leasing Act to streamline 
the leasing and permitting processes of Federal agencies for certain 
energy and mineral projects, to clarify Federal authorization 
requirements for certain projects on non-Federal land, to establish 
enforceable Federal authorization timelines and expedited judicial 
remedies, to limit Federal actions halting fully permitted projects, to 
create a de-risking compensation program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Fighting for Reliable Energy and 
Ending Doubt for Open Markets Act'' or the ``FREEDOM Act''.

SEC. 2. FINDINGS.

Congress finds that--
(1) energy projects face catastrophic financial losses when 
Federal agencies revoke permits, fail to adhere to deadlines, 
or take years to process routine applications for those 
projects, even in cases in which project sponsors have invested 
millions of dollars in reliance on Federal approvals;
(2) the regulatory uncertainty described in paragraph (1)--
(A) deters critical energy infrastructure 
investment across all technologies; and
(B) undermines United States energy security and 
economic competitiveness; and
(3) regulatory uncertainty and permitting delays increase 
the cost of building energy and mineral infrastructure, which 
raises the cost of living for American families and increases 
power prices for homes and businesses.

SEC. 3. AMENDMENT TO ENERGY ACT OF 2020.

(a) In General.--The Energy Act of 2020 (division Z of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 
2418)) is amended by adding at the end the following:

``TITLE XII--FIGHTING FOR RELIABLE ENERGY AND ENDING DOUBT FOR OPEN 
MARKETS

``Subtitle A--Definitions

``SEC. 12001. DEFINITIONS.

``In this title:
``(1) Agency.--The term `agency' has the meaning given the 
term in section 551 of title 5, United States Code.
``(2) Authorization.--The term `authorization' means--
``(A) any license, permit, approval, finding, 
determination, or administrative decision issued by an 
agency; and
``(B) any interagency consultation that is 
authorized or required to be conducted under Federal 
law--
``(i) between or among--
``(I) agencies; and
``(II) in the case of any State 
that chooses to participate in the 
environmental review of a covered 
energy project, 1 or more State 
agencies; and
``(ii) in order to site, construct, 
reconstruct, or commence operation of a covered 
energy project.
``(3) Complex authorization.--The term `complex 
authorization' means an authorization identified as a complex 
authorization by a lead agency under section 12301(d).
``(4) Covered energy project.--The term `covered energy 
project' means any activity carried out in the United States 
that involves the construction of infrastructure--
``(A) to develop, produce, generate, store, 
transport, or distribute energy;
``(B) to capture, remove, transport, or store 
carbon dioxide; or
``(C) to mine, extract, beneficiate, or process 
minerals.
``(5) Environmental document.--
``(A) In general.--The term `environmental 
document' means--
``(i) an environmental assessment;
``(ii) a finding of no significant impact;
``(iii) a notice of intent;
``(iv) an environmental impact statement; 
and
``(v) a record of decision.
``(B) Inclusions.--The term `environmental 
document' includes any document that is--
``(i) a supplement to a document described 
in subparagraph (A); or
``(ii)(I) related to a document described 
in subparagraph (A); and
``(II) prepared pursuant to a court order.
``(6) Environmental impact statement.--The term 
`environmental impact statement' means a detailed, written 
statement required under section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
``(7) Environmental review.--The term `environmental 
review' means any agency procedure or process for--
``(A) applying a categorical exclusion (within the 
meaning of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) (including regulations 
promulgated pursuant to that Act)); or
``(B) preparing an environmental document under the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).
``(8) Lead agency.--The term `lead agency', with respect to 
a covered energy project, means the agency with principal 
responsibility for environmental review of the covered energy 
project under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) (including regulations promulgated 
pursuant to that Act).
``(9) Project sponsor.--The term `project sponsor' means a 
private, public, or public-private entity seeking an 
authorization for a covered energy project.
``(10) Reviewing court.--The term `reviewing court' means 
the court in which a petition described in paragraph (1) of 
section 12403(a) is filed, subject to paragraph (2)(B) of that 
section.
``(11) Routine authorization.--The term `routine 
authorization' means any authorization that is not a complex 
authorization.

``Subtitle B--Federal Land Energy and Mineral Reforms

``SEC. 12101. ACCELERATING FEDERAL LAND RIGHTS-OF-WAY FOR CERTAIN 
COVERED ENERGY PROJECTS.

``(a) Definition of Eligible Project.--In this section, the term 
`eligible project' means a covered energy project for which the project 
sponsor seeks a right-of-way under section 501 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1761).
``(b) Cost Recovery.--Not later than 30 days after the date on 
which a project sponsor submits a complete application for a right-of-
way under section 501 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1761) for an eligible project, the Secretary of the 
Interior or the Secretary of Agriculture, as applicable, shall issue a 
cost recovery agreement relating to the eligible project, if a cost 
recovery agreement is required under section 2804.14 of title 43, Code 
of Federal Regulations (or a successor regulation), or section 251.58 
of title 36, Code of Federal Regulations (or a successor regulation).
``(c) Low-Disturbance Activities for Eligible Projects.--
``(1) In general.--Not later than 180 days after the date 
of enactment of this title, to facilitate timely permitting of 
eligible projects, the Secretary of the Interior and the 
Secretary of Agriculture each shall develop or adopt 1 or more 
categorical exclusions, including allowing for extraordinary 
circumstances under which the categorical exclusion shall not 
be available, under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) for low-disturbance activities 
described in paragraph (2) that are necessary for eligible 
projects.
``(2) Activities described.--Low-disturbance activities 
referred to in paragraph (1) include the following:
``(A) An individual surface disturbance of less 
than 5 acres for which a site-specific analysis has 
previously been completed in an environmental document 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.).
``(B) An activity at a location at which the same 
type of activity has previously occurred during the 5-
year period preceding the date of commencement of the 
activity.
``(C) An activity on previously disturbed or 
developed (as defined in section 1021.102(g)(1) of 
title 10, Code of Federal Regulations (as in effect on 
the date of enactment of this title) land that was 
analyzed, in an approved land use plan or an 
environmental document prepared under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.)), as a reasonably foreseeable activity, subject 
to the condition that the land use plan or 
environmental document was approved during the 5-year 
period preceding the date of commencement of the 
activity.
``(D) Maintenance of a minor activity, other than 
construction or major renovation, of a building or 
facility.
``(E) A preliminary geotechnical investigation.
``(F) The construction or removal of a 
meteorological evaluation tower.

``Subtitle C--De-Risking Compensation Program

``SEC. 12201. DEFINITIONS.

``In this subtitle:
``(1) Capital contribution.--The term `capital 
contribution', with respect to a covered energy project, means 
the sum of--
``(A) any amounts expended by the project sponsor 
for the covered energy project; and
``(B) any amounts the project sponsor is obligated 
to expend for the covered energy project under an 
executed contract, binding commitment, or financing 
agreement, including verifiable expenditures for 
development, construction, permitting, and financing 
costs directly related to the covered energy project.
The term `capital contribution' shall not include executive 
compensation, bonuses, equity awards, general corporate 
overhead, lobbying, public relations, dividends, or profit.
``(2) Court.--The term `Court' means the United States 
Court of Federal Claims.
``(3) Program.--The term `Program' means the De-Risking 
Compensation Program established by section 12202(a).
``(4) Secretary.--The term `Secretary' means the Secretary 
of Energy.

``SEC. 12202. ESTABLISHMENT; PURPOSES.

``(a) Establishment.--There is established in the Department of 
Energy a program, to be known as the `De-Risking Compensation Program', 
to provide compensation to project sponsors of covered energy projects 
that suffer unrecoverable losses due to an event described in section 
12204(a), as determined by the Court in accordance with this subtitle.
``(b) Purposes.--The purposes of the Program are--
``(1) to reduce regulatory risks for energy infrastructure 
developers;
``(2) to facilitate timely permitting and financing of 
projects essential to United States energy security and 
economic competitiveness; and
``(3) to provide compensation in cases in which an agency 
action, inaction, or delay causes a covered energy project to 
be cancelled, unviable, or subject to an unrecoverable loss.

``SEC. 12203. ENROLLMENT.

``(a) Eligibility.--A project sponsor shall be eligible to enroll 
in the Program with respect to a covered energy project if the project 
sponsor--
``(1) exercises control over the covered energy project; 
and
``(2) submits to the Secretary an application under 
subsection (b)--
``(A) after the submission of a notice of 
initiation for the covered energy project under section 
12301(a); but
``(B) not later than 90 days after the completed 
notice date (as defined in section 12302(a)) of the 
covered energy project.
``(b) Applications.--
``(1) In general.--A project sponsor seeking enrollment in 
the Program shall submit to the Secretary an application, in 
such form, in such manner, and containing such information as 
the Secretary may require, subject to the condition that the 
required information shall be only that necessary--
``(A) to verify the eligibility of the project 
sponsor under subsection (a); and
``(B) to calculate the premium to be charged to the 
project sponsor under subsection (d)(1).
``(2) Limitation.--The Secretary shall not accept an 
application under this subsection relating to a covered energy 
project that is submitted after the occurrence of an event 
described in section 12204(a) with respect to the covered 
energy project.
``(c) Determination by Secretary.--Not later than 90 days after the 
date of receipt of an application under subsection (b), the Secretary 
shall--
``(1) determine whether the application meets the 
requirements of that subsection; and
``(2) on making--
``(A) a positive determination under paragraph (1), 
enroll the project sponsor in the Program; or
``(B) a negative determination under paragraph (1), 
deny enrollment in the Program.
``(d) Premiums and Fees.--
``(1) Annual premium.--
``(A) In general.--As a condition of enrollment in 
the Program, a project sponsor shall pay to the 
Secretary an annual premium in accordance with 
subparagraph (B).
``(B) Amount.--
``(i) In general.--Subject to clause (ii), 
the amount of the annual premium paid by a 
project sponsor under subparagraph (A) shall be 
equal to 1.5 percent of the capital 
contribution of the project sponsor to the 
covered energy project.
``(ii) Adjustment.--The Secretary may 
increase the amount of a premium charged to a 
project sponsor under clause (i) by not more 
than 1.5 percentage points, as the Secretary 
determines to be necessary to ensure the 
solvency of the Program.
``(C) Deposit.--The Secretary shall deposit the 
premiums collected pursuant to this paragraph in the 
De-Risking Compensation Fund established by section 
12205(a).
``(2) No enrollment fee.--No enrollment fee may be charged 
for enrollment in the Program.
``(e) Administrative Record.--
``(1) In general.--For each covered energy project with 
respect to which a project sponsor is enrolled in the Program, 
the Secretary shall maintain an administrative record, which 
shall consist of--
``(A) the application submitted by the project 
sponsor under subsection (b); and
``(B) the premium payment history of the project 
sponsor.
``(2) Certification.--Not later than 30 days after the date 
of receipt of a request from a project sponsor enrolled in the 
Program, the Secretary shall certify and submit to the Court 
the administrative record maintained under paragraph (1) with 
respect to the applicable covered energy project.

``SEC. 12204. COMPENSATION OF ENROLLED PROJECT SPONSORS.

``(a) Triggering Events.--A project sponsor enrolled in the Program 
may receive from the Secretary compensation in accordance with this 
section if the Court determines that the covered energy project of the 
project sponsor has suffered an unrecoverable loss due to any of the 
following events:
``(1) Revocation, cancellation, or vacatur of an 
authorization.
``(2) Failure by an agency to issue a final decision 
regarding an authorization by the applicable deadline under 
subsection (b) or (c) of section 12302.
``(3) Failure by an agency to act on a remand, renewal, or 
reapproval relating to the covered energy project by the date 
that is 180 days after the date on which the agency received 
the remand, renewal request, or reapproval request, as 
applicable.
``(4) Failure by an agency to adhere to a deadline required 
under another Federal law.
``(5) Inaction or unreasonable delay by an agency that--
``(A) causes the cancellation of the covered energy 
project; or
``(B) renders the covered energy project 
commercially unviable.
``(b) Claims for Compensation.--
``(1) In general.--Not later than the date described in 
paragraph (2), a project sponsor enrolled in the Program may 
bring an action in the Court seeking compensation from the 
Secretary with respect to a covered energy project.
``(2) Description of date.--The date referred to in 
paragraph (1) is the date that is 180 days after the later of--
``(A) the date on which an event described in 
subsection (a) occurs with respect to the applicable 
covered energy project; and
``(B) the first date on which the project sponsor 
knew, or reasonably should have known, of--
``(i) an unrecoverable loss suffered by the 
covered energy project; and
``(ii) the causal connection of that loss 
to an event described in subsection (a).
``(3) Contents.--A claim filed with the Court under this 
subsection shall include documentation, certified by a 
qualified accountant, demonstrating--
``(A) enrollment of the project sponsor in the 
Program with respect to the applicable covered energy 
project;
``(B) the total capital contribution of the project 
sponsor to the covered energy project; and
``(C)(i) each unrecoverable loss claimed with 
respect to the covered energy project; and
``(ii) the causal connection of that loss to an 
event described in subsection (a).
``(c) Judicial Review.--
``(1) Exclusive jurisdiction.--The Court shall have 
exclusive jurisdiction over any action brought under this 
section.
``(2) Standard and scope of review.--In an action under 
this section, the Court shall--
``(A) review the matter based on the administrative 
record submitted by the Secretary under section 
12203(e)(2), subject to paragraph (3); and
``(B) determine de novo--
``(i) whether the project sponsor has 
established, by a preponderance of the 
evidence, entitlement to compensation under the 
Program; and
``(ii) if such an entitlement is so 
established, the amount of compensation to be 
provided, in accordance with subsection (d).
``(3) Failure to certify or submit record.--If the 
Secretary fails to maintain an administrative record as 
required under paragraph (1) of section 12203(e), or fails to 
certify or submit to the Court such a record by the applicable 
deadline under paragraph (2) of that section, the Court may 
proceed in the applicable action under this section on the 
basis of--
``(A) the evidence submitted by the project 
sponsor; and
``(B) any other evidence the Court determines to be 
appropriate.
``(d) Payments.--
``(1) Judgment.--
``(A) In general.--On determining that a project 
sponsor is entitled to receive compensation in an 
action under this section, the Court shall enter a 
judgment ordering the Secretary to pay the awarded 
amount from the De-Risking Compensation Fund 
established by section 12205(a), subject to 
subparagraph (B).
``(B) Minimum capital contribution.--The Court may 
not award compensation to a project sponsor under this 
subsection with respect to a covered energy project 
unless the project sponsor demonstrates, through the 
documentation submitted under subsection (b)(3), that 
the capital contribution of the project sponsor to the 
covered energy project is equal to not less than 
$5,000,000.
``(2) Amount.--
``(A) Limitation.--The amount of compensation 
provided to a project sponsor under this subsection 
shall not exceed an amount equal to the total capital 
contribution of the project sponsor to the applicable 
covered energy project.
``(B) Offset.--The Court shall reduce the amount of 
compensation provided to a project sponsor under this 
subsection by the amount of any award, settlement 
payment, insurance recovery, or other compensation 
received by the project sponsor for the same 
unrecoverable loss arising from the same agency action, 
inaction, delay, or order that is the subject of the 
action under this section.
``(C) No double recovery.--A project sponsor may 
not receive compensation under this subtitle for any 
loss for which the project sponsor has been compensated 
under subtitle E.
``(3) Action by secretary.--The Secretary shall provide to 
a project sponsor a payment awarded by the Court under this 
section by not later than 30 days after the date on which the 
judgment under paragraph (1) ordering that payment becomes 
final.
``(e) Limitations on Denial.--The Court and the Secretary may not 
deny a claim submitted by a project sponsor under this subtitle based 
on--
``(1) the merits of the covered energy project that is the 
subject of the claim; or
``(2) a type of technology employed by that covered energy 
project.
``(f) Appeals.--A judgment of the Court under this section shall be 
subject to judicial review in the United States Court of Appeals for 
the Federal Circuit in accordance with section 1295 of title 28, United 
States Code.

``SEC. 12205. DE-RISKING COMPENSATION FUND.

``(a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the `De-Risking Compensation Fund' 
(referred to in this section as the `Fund'), consisting of--
``(1) the premiums collected under section 12203(d)(1); and
``(2) such amounts as are appropriated to the Fund pursuant 
to subsection (c).
``(b) Use of Funds.--Amounts in the Fund shall be available, 
without further appropriation, solely for--
``(1) compensation payments ordered in final judgments 
under section 12204(d)(1); and
``(2) the administration of the Program, subject to the 
condition that not more than 5 percent of amounts in the Fund 
shall be available for administrative expenses.
``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund such sums as are necessary to carry out this 
subtitle.
``(d) Limitation.--No payment may be made under this subtitle from 
the general fund of the Treasury or any other Federal account if 
amounts in the Fund are exhausted.

``Subtitle D--Permitting Timelines and Performance Fund

``SEC. 12301. NOTICES OF INITIATION; PROJECT SCHEDULES.

``(a) Notices of Initiation for Covered Energy Projects.--
``(1) In general.--A project sponsor shall submit a notice 
of initiation for a covered energy project proposed to be 
carried out by the project sponsor to the head of each agency 
from which 1 or more authorizations are anticipated to be 
required to carry out the covered energy project.
``(2) Contents.--A notice of initiation under this 
subsection shall include--
``(A) a statement describing the purposes and 
objectives of the proposed covered energy project;
``(B) a concise description of the proposed covered 
energy project, including the general location of the 
proposed covered energy project and a summary of 
geospatial information, if available, illustrating the 
project area and the locations of known environmental, 
cultural, and historic resources, if any;
``(C) a statement identifying all Federal 
financing, environmental reviews, and authorizations 
anticipated to be required to carry out the proposed 
covered energy project; and
``(D) a general description, to the extent 
practicable, of any preliminary and projected future 
stakeholder engagement conducted by the project sponsor 
relating to the covered energy project.
``(b) Determination of Completeness.--
``(1) In general.--Not later than 30 days after the date of 
receipt of a notice of initiation under subsection (a), the 
applicable lead agency shall determine whether the notice is 
complete in accordance with paragraph (2).
``(2) Completeness.--A notice of initiation shall be 
considered to be complete under paragraph (1) if the lead 
agency determines that the notice meets the requirements 
described in subsection (a)(2).
``(3) Statement.--
``(A) In general.--A lead agency, on making a 
determination under paragraph (1) that--
``(i) a notice of initiation is complete, 
shall provide to the project sponsor a 
statement of the determination; or
``(ii) a notice of initiation is 
incomplete, shall provide to the project 
sponsor a deficiency statement identifying the 
information required for the notice to be 
considered complete.
``(B) Failure to act.--If a lead agency fails to 
issue a statement under this paragraph by the 
applicable deadline described in paragraph (1), the 
applicable notice of initiation shall be deemed to be 
complete.
``(4) Effect of deficiency.--
``(A) Response by project sponsor.--If a lead 
agency issues a deficiency statement under paragraph 
(3)(A)(ii), the project sponsor may--
``(i) submit to the lead agency a revised 
notice containing the information identified in 
the deficiency statement by not later than 90 
days after the date on which the deficiency 
statement is issued; or
``(ii) request an extension of time to 
prepare such a revised notice.
``(B) Extension.--On receipt of a request for an 
extension under subparagraph (A)(ii), a lead agency 
shall grant the applicable project sponsor an extension 
of the applicable deadline under subparagraph (A)(i) 
for a period of not more than 90 days.
``(c) Project Schedule.--Not later than 30 days after the date on 
which a notice of initiation for a proposed covered energy project is 
determined or deemed to be complete under subsection (b), the 
applicable lead agency shall publish a schedule for the covered energy 
project that--
``(1)(A) lists each authorization required for the covered 
energy project; and
``(B) identifies each such authorization as a routine 
authorization or a complex authorization, in accordance with 
subsection (d);
``(2) identifies each Federal, State, Tribal, and local 
agency that has been designated as a cooperating agency for the 
covered energy project in accordance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if 
applicable; and
``(3) establishes for the covered energy project--
``(A) interim milestones; and
``(B) final decision dates in accordance with 
section 12302.
``(d) Identification of Authorizations.--
``(1) In general.--For each authorization required for a 
covered energy project for which a schedule is published under 
subsection (c), the lead agency shall identify the 
authorization as--
``(A) a complex authorization if the authorization 
is--
``(i) described in paragraph (2); or
``(ii) designated by the lead agency 
pursuant to paragraph (3)(A); or
``(B) a routine authorization if the authorization 
is not identified as a complex authorization under 
subparagraph (A).
``(2) Description of complex authorizations.--A complex 
authorization referred to in paragraph (1)(A)(i) is an 
authorization that--
``(A) requires the issuance of an authorization or 
certification of public convenience and necessity under 
section 3(e) or 7(c) of the Natural Gas Act (15 U.S.C. 
717b(e), 717f(c));
``(B) requires the issuance of a license or permit 
under section 4(e) or 216 of the Federal Power Act (16 
U.S.C. 797(e), 824p);
``(C) requires the issuance of a lease, easement, 
right-of-way, or other authorization under section 5 or 
8(p) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1334, 1337(p));
``(D) requires the preparation of an environmental 
assessment or environmental impact statement;
``(E) requires formal consultation under section 7 
of the Endangered Species Act of 1973 (16 U.S.C. 1536) 
or results in the issuance of a biological opinion;
``(F) requires consultation under section 306108 of 
title 54, United States Code;
``(G) grants a new or expanded right-of-way, 
easement, lease, or comparable real property interest 
exceeding 20 acres of Federal property; or
``(H) requires an individual permit under section 
404 of the Federal Water Pollution Control Act (33 
U.S.C. 1344) or an individual water quality 
certification under section 401 of that Act (33 U.S.C. 
1341).
``(3) Designations by lead agency.--
``(A) In general.--A lead agency may designate an 
authorization as a complex authorization based on a 
written, reasoned determination of the lead agency that 
identifies factors that--
``(i) are specific to the applicable 
covered energy project; and
``(ii) are not described in subparagraphs 
(A) through (H) of paragraph (2).
``(B) Judicial review.--The designation by a lead 
agency of a complex authorization pursuant to 
subparagraph (A) shall be subject to judicial review by 
the applicable reviewing court under subtitle E.

``SEC. 12302. AUTHORIZATION DEADLINES.

``(a) Definition of Completed Notice Date.--In this section, the 
term `completed notice date', with respect to a covered energy project, 
means the date on which the notice of initiation under section 12301(a) 
for the covered energy project is--
``(1) determined to be complete under section 12301(b)(1); 
or
``(2) deemed to be complete under section 12301(b)(3)(B).
``(b) Deadlines.--Each agency that receives from a project sponsor 
a notice of initiation under section 12301(a) for a covered energy 
project shall issue a final decision regarding each authorization for 
the covered energy project that is under the jurisdiction of the agency 
by not later than--
``(1) the date that is 90 days after the completed notice 
date of the covered energy project, if the authorization is a 
routine authorization; and
``(2) the date that is 1 year after the completed notice 
date of the covered energy project, if the authorization is a 
complex authorization, except as provided in subsection (c).
``(c) Extension for Environmental Impact Statements.--If the lead 
agency publishes a notice of intent to prepare an environmental impact 
statement for a covered energy project after the completed notice date 
of the covered energy project, the deadline for completion of the 
environmental impact statement shall be the date that is 2 years after 
the completed notice date.
``(d) Earlier Deadlines Under Other Federal Law.--If another 
Federal law requires an agency to issue a final decision regarding an 
authorization by a date that is earlier than the deadline applicable 
under subsection (b) or (c), the agency shall issue the final decision 
not later than that earlier date.
``(e) Failure To Meet Deadline.--
``(1) In general.--Except as provided in paragraph (2), the 
failure by an agency to adhere to a deadline under this section 
or a milestone under section 12301(c)(3)(A) shall be--
``(A) considered to be a final agency action 
unlawfully withheld or unreasonably delayed under 
section 706 of title 5, United States Code; and
``(B) subject to review by a reviewing court under 
subtitle E or the United States Court of Federal Claims 
under subtitle C.
``(2) Exceptions.--The failure by an agency to adhere to a 
deadline under this section or a milestone under section 
12301(c)(3)(A) shall not be considered to be a final agency 
action unlawfully withheld or unreasonably delayed under 
section 706 of title 5, United States Code, if--
``(A) the project sponsor and the agency agree to a 
different deadline or milestone; or
``(B) a reviewing court determines that--
``(i) a natural disaster reasonably 
impaired the ability of the agency to adhere to 
the deadline or milestone; or
``(ii) a national emergency or 
extraordinary circumstance exists for which the 
only available remedy is to delay the deadline 
or milestone.

``SEC. 12303. REVIEWING COURT-APPROVED CONTRACTORS.

``(a) Definition of Eligible Project.--In this section, the term 
`eligible project' means a covered energy project with respect to which 
a reviewing court has--
``(1) found that an agency has failed to adhere to a 
deadline or milestone; and
``(2) issued an order described in section 12404(b)(2)(C).
``(b) Project Sponsor Request.--
``(1) In general.--On receipt of a request from the project 
sponsor of an eligible project, a reviewing court may authorize 
the project sponsor to retain a qualified contractor to 
complete any necessary analysis or documentation, in accordance 
with this subsection.
``(2) Inclusions.--A project sponsor request under 
paragraph (1) shall include--
``(A) identifying information for the contractor 
proposed to be hired by the project sponsor; and
``(B) the qualifications of that contractor, 
including--
``(i) relevant professional credentials;
``(ii) prior experience with Federal 
environmental reviews; and
``(iii) disclosure of any potential 
conflicts of interest that are material to the 
work to be performed, including--
``(I) any financial interest in the 
outcome of the applicable eligible 
project;
``(II) any contingent or success-
based compensation arrangement;
``(III) any engagement with the 
project sponsor;
``(IV) any equity ownership with a 
10-percent or greater interest;
``(V) any contractual relationship, 
during the 2-year period preceding the 
date of the request, between the 
contractor and an engineering, 
procurement, or construction firm 
acting as a prime contractor for the 
eligible project; and
``(VI) any current engagement 
related to the eligible project.
``(3) Approval.--
``(A) In general.--Not later than 30 days after the 
date of receipt of a request of a project sponsor under 
this subsection, the reviewing court shall approve or 
reject the proposed contractor that is the subject of 
the request based on--
``(i) the demonstrated technical competence 
of the contractor for the required analyses;
``(ii) the absence of disqualifying 
conflicts of interest;
``(iii) the agreement of the contractor--
``(I) to operate under the 
technical guidance of the applicable 
agency;
``(II) to maintain independence in 
professional judgment; and
``(III) to proceed under the 
direction of the reviewing court if the 
agency fails to provide technical 
guidance or timely review by an 
applicable deadline under subsection 
(g); and
``(iv) a determination by the reviewing 
court regarding whether the contractor meets 
the qualifications described in subparagraph 
(B).
``(B) Qualifications.--The qualifications referred 
to in subparagraph (A)(iv), with respect to a 
contractor, are that the contractor--
``(i) holds a recognized professional 
license or certification applicable to the 
work, or has demonstrably comparable expertise;
``(ii) has demonstrated experience 
completing similar analyses for agencies during 
the preceding 5-year period;
``(iii) is not debarred or suspended from 
Federal contracting; and
``(iv) maintains professional liability 
insurance of not less than $1,000,000.
``(C) Form of approval.--The approval of a 
reviewing court under this paragraph may include any 
conditions or limitations necessary to ensure 
compliance with applicable law.
``(c) Standards and Obligations.--
``(1) In general.--A contractor approved by a reviewing 
court under subsection (b) shall--
``(A) follow applicable laws and regulations, 
guidance documents, and technical standards relevant to 
the analyses performed by the contractor;
``(B) certify under penalty of perjury that all 
work product of the contractor meets the applicable 
legal requirements;
``(C) maintain professional independence from the 
applicable project sponsor in all technical 
determinations and analyses;
``(D) remain subject to applicable professional 
liability and ethical standards; and
``(E) execute a sworn conflict of interest and 
relationship disclosure, as described in subsection 
(b)(2)(B)(iii), and maintain a log of material 
communications with the project sponsor, which shall be 
made available to the reviewing court and any 
applicable agency on request.
``(2) Status of work product.--All work product of a 
contractor approved under this section shall be--
``(A) deemed to be received by the applicable 
agency on submission by the contractor; and
``(B) included in the administrative record 
relating to each relevant authorization.
``(d) Payment.--
``(1) In general.--All reasonable costs of a contractor 
approved by a reviewing court under this section, including the 
costs of studies, modeling, and coordination, shall be paid--
``(A) by the relevant lead agency from amounts in 
the Permitting Performance Fund established by section 
12304(a); and
``(B) at rates not higher than comparable rates on 
the Federal Supply Schedule of the General Services 
Administration, or as otherwise determined to be 
reasonable by the reviewing court.
``(2) Advances.--
``(A) In general.--A project sponsor may advance to 
a contractor approved under this section payment for 
any costs described in paragraph (1).
``(B) Reimbursement.--The relevant lead agency 
shall reimburse a project sponsor that makes an advance 
payment under subparagraph (A) by not later than 30 
days after the date on which the project sponsor 
submits to the lead agency an invoice relating to the 
advance payment.
``(e) Scope of Work.--A contractor approved by a reviewing court 
under this section shall prepare only the documentation necessary to 
complete the relevant administrative record.
``(f) Production of Government Information.--
``(1) In general.--On a motion of the project sponsor or a 
contractor approved by a reviewing court under this section, 
the reviewing court may order any Federal, State, or local 
agency to produce, by a date certain, any document, data, or 
expert input necessary to complete the relevant administrative 
record.
``(2) No tolling.--A failure by an agency to produce a 
document, data, or input by the applicable date under paragraph 
(1) shall not toll any deadline under this title.
``(g) Deadlines for Contractor Work.--A reviewing court shall 
establish deadlines for deliverables of a contractor approved by the 
reviewing court under this section, subject to the condition that such 
a deadline shall not exceed--
``(1) 120 days for a complex authorization not requiring an 
environmental impact statement; and
``(2) 240 days for a complex authorization requiring an 
environmental impact statement.
``(h) Agency Decisions on Contractor-Prepared Record.--
``(1) Agency action.--Not later than 30 days after the date 
on which a contractor approved by a reviewing court under this 
section submits to an applicable agency the completed 
documentation prepared by the contractor, the agency shall--
``(A) issue a final decision regarding the 
applicable authorization, based on the documentation; 
or
``(B) identify, including a citation to the 
applicable law or regulation, any specific legal 
deficiency in the documentation that requires 
correction, subject to paragraph (2)(C).
``(2) Deficiencies.--
``(A) In general.--If an agency identifies a 
deficiency under paragraph (1)(B), the affected 
contractor shall correct the deficiency by not later 
than 90 days after the date on which the identification 
occurs.
``(B) Action by agency.--Not later than 14 days 
after the date of receipt of corrected documentation 
under subparagraph (A), an agency shall issue a final 
decision regarding the applicable authorization.
``(C) Single identification.--An agency may 
identify deficiencies under paragraph (1)(B) on only 1 
occasion, unless the applicable reviewing court 
approves another identification for good cause based on 
a legal requirement that was not in effect at the time 
of the initial identification of deficiencies.
``(3) Limitation.--An agency may not reject any 
documentation prepared by a contractor approved by a reviewing 
court under this section based on a policy disagreement or any 
other discretionary factor if the documentation satisfies all 
applicable legal requirements.

``SEC. 12304. PERMITTING PERFORMANCE FUND.

``(a) Establishment.--There is established in the Treasury a fund, 
to be known as the `Permitting Performance Fund' (referred to in this 
section as the `Fund'), consisting of--
``(1) any civil penalties assessed under section 12404(c);
``(2) such amounts as are transferred to the Fund under 
subsection (c); and
``(3) such amounts as are appropriated to the Fund pursuant 
to subsection (d).
``(b) Use of Funds.--Amounts in the Fund shall be available, 
without further appropriation, to pay the costs of--
``(1) any contractor approved by a reviewing court under 
section 12303(b); and
``(2) any penalty or award to a project sponsor of 
attorneys' fees and costs ordered by a reviewing court pursuant 
to section 12404(b)(2)(D).
``(c) Transfer of Amounts.--
``(1) Definition of covered workload.--In this subsection, 
the term `covered workload', with respect to an agency, means 
the total number of authorizations for covered energy projects 
listed in project schedules published under section 12301(c) 
for which the agency was identified as the responsible agency, 
determined by assigning a weight of 1 to each routine 
authorization and a weight of 4 to each complex authorization.
``(2) Transfer.--The Secretary of the Treasury shall 
transfer to the Fund from the general management account of any 
agency found by a reviewing court under subtitle E to be liable 
for an unreasonable delay an amount based on the proportion 
that--
``(A) the covered workload of the agency during the 
preceding fiscal year; bears to
``(B) the covered workload of all agencies during 
that preceding fiscal year.
``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund--
``(1) $50,000,000 for the initial capitalization of the 
Fund; and
``(2) thereafter, such sums as are necessary to carry out 
this section.

``SEC. 12305. EFFECTIVE DATE.

``(a) In General.--This subtitle shall apply to any notice of 
initiation submitted under section 12301(a) for a covered energy 
project on or after the date that is 90 days after the date of 
enactment of this title.
``(b) Pending Projects.--For a covered energy project the notice of 
initiation for which is pending on the effective date described in 
subsection (a)--
``(1) this subtitle shall apply beginning on the date that 
is 120 days after the date of enactment of this title; and
``(2) as applicable, the completed notice date (as defined 
in section 12302(a)) shall be deemed to be the date that is 120 
days after that date of enactment.

``Subtitle E--Expedited Judicial Review and Enforcement

``SEC. 12401. CAUSES OF ACTION.

``(a) In General.--Subject to subsection (b), a project sponsor of 
a covered energy project may file a petition in accordance with section 
12402 for judicial review of--
``(1) a final agency action relating to the covered energy 
project;
``(2) an alleged failure by an agency--
``(A) to act on the covered energy project, 
including through unlawful withholding or unreasonable 
delay; or
``(B) to adhere to--
``(i) a milestone established for the 
covered energy project under section 
12301(c)(3)(A); or
``(ii) a deadline applicable to the covered 
energy project under section 12302; or
``(3) an order, directive, suspension, revocation, or other 
action described in section 12501(b) of an agency relating to 
the covered energy project.
``(b) Single Petition Rule.--
``(1) In general.--A project sponsor may file only 1 
petition under this subtitle with respect to any single cause 
of action described in subsection (a).
``(2) Multiple grounds.--A project sponsor may file a 
single petition under this subtitle seeking multiple grounds 
for relief.
``(c) Relief Sought.--A petition under this subtitle may seek 1 or 
more of the following:
``(1) Review of an order, directive, or action described in 
section 12501(b).
``(2) A court order compelling agency action or other 
relief for an unreasonable delay in the authorization process, 
in accordance with subtitle D.
``(3) Review of the designation of an authorization as a 
complex authorization pursuant to section 12301(d)(3).
``(d) Intervention.--
``(1) In general.--Any person that would have standing 
under article III of the Constitution of the United States to 
challenge or defend the applicable agency action may move to 
intervene in a cause of action under this subtitle.
``(2) Ruling.--The reviewing court shall rule expeditiously 
on any motion to intervene under paragraph (1).

``SEC. 12402. PETITION REQUIREMENTS.

``(a) Contents.--
``(1) Requirements.--A petition under this subtitle shall 
contain an affidavit, together with supporting documentation 
described in paragraph (2), demonstrating the grounds for the 
petition as follows:
``(A) Subtitle f actions.--A petition alleging that 
an agency violated section 12501 with respect to a 
covered energy project shall demonstrate that--
``(i) the agency issued an order or 
directive, revoked a permit or authorization, 
or carried out any other action to halt, delay, 
or otherwise cancel a previously authorized 
activity in violation of section 12501;
``(ii) the project sponsor has suffered a 
loss as a direct result of the action described 
in clause (i); and
``(iii) the compensation sought in the 
petition does not exceed an amount equal to 125 
percent of the amount of financial loss 
suffered by the project sponsor as a result of 
that action.
``(B) Unreasonable delays.--A petition alleging 
unreasonable delay by an agency with respect to a 
covered energy project shall demonstrate that--
``(i) the petitioner is a project sponsor 
that has submitted a notice of initiation under 
section 12301(a) for the covered energy 
project;
``(ii) the notice was, on such date as the 
project sponsor shall specify--
``(I) determined to be complete 
under section 12301(b)(1); or
``(II) deemed to be complete under 
section 12301(b)(3)(B);
``(iii) the applicable deadline for a final 
decision relating to an authorization for the 
covered energy project under section 12302 has 
lapsed without the agency issuing the final 
decision; and
``(iv) the petitioner has suffered or will 
suffer harm as a result of the lapse described 
in clause (iii).
``(C) Designations as complex.--A petition seeking 
review of the designation of an authorization as a 
complex authorization shall demonstrate that the 
written, reasoned determination by the applicable lead 
agency fails to identify project-specific factors that 
justify the designation, in accordance with section 
12301(d)(3).
``(2) Documents and other information.--
``(A) In general.--A petition under this subtitle 
shall include, as applicable to each claim asserted in 
the petition--
``(i) all relevant agency correspondence 
(including any application for an 
authorization), deficiency notices, and 
determinations relating to a notice of 
initiation or project schedule for the 
applicable covered energy project, if any;
``(ii) a copy of each final agency action, 
authorization, record of decision, 
environmental document, or order that is the 
subject of the petition; and
``(iii) identification, to the maximum 
extent practicable, of any records similar to 
the records described in this subparagraph that 
are unavailable to the petitioner and the 
reasons for the unavailability.
``(B) Additional information.--A petition for 
judicial review under this subtitle may include other 
available relevant documents, such as expert reports, 
economic analyses, or affidavits from personnel, 
relating to--
``(i) the applicable covered energy 
project;
``(ii) action or inaction by an applicable 
agency; or
``(iii) harm suffered by the petitioner.
``(b) Naming of Respondents.--
``(1) In general.--In a petition under this subtitle 
challenging the schedule for a covered energy project under 
section 12301(c), or the designation of an authorization as a 
complex authorization under section 12301(d)(3), the head of 
the applicable lead agency shall be named as the respondent.
``(2) Other causes of action.--In a petition under this 
subtitle relating to a cause of action not described in 
paragraph (1), the head of the agency that carried out the 
applicable final agency action, issued the applicable order or 
directive, or is alleged to have unlawfully withheld or 
unreasonably delayed action shall be named as the respondent.
``(c) Filing Dates.--
``(1) Final agency actions.--A petition under this subtitle 
of a cause of action described in section 12401(a)(1) shall be 
filed not later than 60 days after the date on which the 
applicable agency action becomes final.
``(2) Failures to act.--A petition under this subtitle of a 
cause of action described in section 12401(a)(2) may be filed 
beginning on the day after the date of the applicable missed 
deadline or milestone.
``(3) Subtitle f actions.--A petition under this subtitle 
of a cause of action described in section 12401(a)(3) shall be 
filed not later than 30 days after the date on which the 
applicable order, directive, suspension, revocation, or other 
action of an agency is issued or carried out.
``(d) Service.--The petitioner shall serve a petition under this 
subtitle on--
``(1) the Attorney General of the United States;
``(2) the head of the lead agency with respect to the 
covered energy project that is the subject of the petition; and
``(3) each cooperating agency identified under section 
12301(c)(2) in the project schedule for the covered energy 
project that is the subject of the petition.

``SEC. 12403. JUDICIAL REVIEW.

``(a) Venue.--
``(1) In general.--A petition under this subtitle may be 
filed, at the election of the project sponsor, in--
``(A) the United States Court of Appeals for the 
District of Columbia Circuit;
``(B) the United States court of appeals for the 
circuit in which--
``(i) the covered energy project is 
located; or
``(ii) the project sponsor has its 
principal place of business; or
``(C) any United States district court that would 
have jurisdiction under any other applicable law 
(including any special statutory review provision) to 
review the agency action, order, directive, or failure 
to act that is the subject of the petition.
``(2) Exclusive jurisdiction.--
``(A) In general.--The reviewing court in which a 
petition is filed under paragraph (1) shall have 
exclusive jurisdiction over--
``(i) that petition; and
``(ii) any claim under this subtitle with 
respect to the same cause of action described 
in section 12401(a).
``(B) Consolidation.--If 1 or more petitions 
concerning the same cause of action described in 
section 12401(a) are filed in more than 1 reviewing 
court, each later-filed petition shall be transferred 
to the reviewing court in which the initial petition 
was filed.
``(b) Representation of Respondents.--A respondent named under 
section 12402(b) shall be represented in accordance with section 518(a) 
of title 28, United States Code.
``(c) Standard of Review.--
``(1) In general.--The reviewing court shall conduct the 
review of, and reach a decision regarding, a petition under 
this subtitle in accordance with chapter 7 of title 5, United 
States Code.
``(2) Administrative record.--
``(A) In general.--Judicial review of a petition 
under this subtitle shall be based on an administrative 
record compiled and certified by the head of the agency 
named in the petition as the respondent under section 
12402(b).
``(B) Multiple respondents.--If multiple agency 
heads are named in a petition as respondents under 
section 12402(b)--
``(i) each agency head shall compile and 
certify the portions of the record within the 
custody of that agency; and
``(ii) the lead agency, or such other 
agency as the reviewing court may require, 
shall assemble a consolidated record.
``(C) Failures to act.--The administrative record 
relating to a petition under this subtitle for a cause 
of action described in section 12401(a)(2) shall 
include, as applicable--
``(i) the notice of initiation submitted 
under section 12301(a);
``(ii) any completeness or deficiency 
designation of that notice under section 
12301(b);
``(iii) the project schedule published 
under section 12301(c); and
``(iv) any other materials the reviewing 
court determines to be necessary to resolve the 
petition.
``(d) Additional Submissions.--In addition to the documents and 
information required under section 12402(a)(2), a petitioner shall 
submit to the reviewing court, in accordance with a schedule 
established by the reviewing court, such other records and documents as 
are reasonable and necessary for determination of the appropriate 
remedy and the amount of compensation to be ordered.
``(e) Discovery and Record Development.--
``(1) In general.--There shall be no discovery in a 
proceeding relating to a petition under this subtitle other 
than such discovery as may be ordered by the reviewing court, 
as the reviewing court determines to be reasonable and 
necessary to determine the appropriate remedy and the amount of 
compensation (including compensation for any violation of 
section 12501) to be ordered.
``(2) Information, testimony, and documents.--The reviewing 
court may require the submission of such information, the 
testimony of such persons, and the production of such documents 
as the reviewing court determines to be reasonable and 
necessary for purposes of this subsection.

``SEC. 12404. EXPEDITED PROCEDURE; RELIEF; PENALTIES; APPEALS.

``(a) Expedited Procedure.--The reviewing court shall--
``(1) establish an expedited schedule for briefing and 
disposition relating to a petition under this subtitle; and
``(2) absent extraordinary circumstances, issue a decision 
with respect to a petition under this subtitle--
``(A) as expeditiously as practicable; but
``(B) not later than 120 days after the date on 
which the petition is filed.
``(b) Available Relief.--
``(1) In general.--On a finding by a reviewing court that a 
petitioner is entitled to relief under this subtitle, the 
reviewing court shall grant such legal, equitable, and 
administrative relief as the reviewing court determines to be 
appropriate to effectuate the purposes of this title in 
accordance with paragraph (2), subject to section 12501(b).
``(2) Actions by reviewing court.--A reviewing court that 
makes a finding described in paragraph (1) shall--
``(A) hold unlawful and set aside any final agency 
action found to be arbitrary, capricious, an abuse of 
discretion, or otherwise not in accordance with law;
``(B) remand each applicable matter to the 
appropriate agency for further action in accordance 
with the direction of the reviewing court, together 
with a schedule and deadline for completion of those 
actions, which deadline shall not exceed--
``(i) 180 days after the date on which the 
judgment is issued; or
``(ii) such longer period to which the 
project sponsor may agree;
``(C) in any case involving unlawful withholding or 
unreasonable delay, issue an order that--
``(i) compels the appropriate agency to 
act;
``(ii) specifies the date by which each 
discrete action of the agency shall be 
completed in order to finalize the agency 
review and issue a final agency decision; and
``(iii) retains the jurisdiction of the 
reviewing court to ensure compliance with the 
order;
``(D) award to a project sponsor that prevails on a 
claim of unreasonable delay under subtitle D reasonable 
attorneys' fees and costs; and
``(E) for any action found to be in violation of 
section 12501, award to the project sponsor just 
compensation sufficient to remedy damages to the 
project sponsor caused by the action.
``(c) Penalty for Noncompliance.--
``(1) Daily fee.--A reviewing court shall assess against 
any agency found to have failed to comply with a schedule or 
order issued by the reviewing court pursuant to subsection 
(b)(2) a civil penalty in an amount equal to not less than 
$1,000, but not more than $100,000, per day of noncompliance. 
In determining the amount of the penalty within that range, the 
reviewing court shall consider the extent to which the 
noncompliance was within the reasonable control of the agency 
and whether the agency acted with diligence and good faith. A 
civil penalty assessed under this paragraph shall be payable 
only from unobligated amounts available in the general 
management account of the applicable agency, and no transfer or 
payment may be made if that unobligated balance is zero or if 
the transfer would reduce that unobligated balance to zero.
``(2) Deposit.--The amounts collected under this subsection 
shall be deposited in the Permitting Performance Fund 
established by section 12304(a).
``(d) Appeals.--
``(1) District court judgments.--If a petition under this 
subtitle is filed in a United States district court pursuant to 
section 12403(a)(1)(C), any party aggrieved by the judgment of 
the district court may obtain review in the United States court 
of appeals of competent jurisdiction under chapter 83 of title 
28, United States Code, subject to the condition that a notice 
of appeal shall be filed not later than 30 days after the date 
of entry of the judgment.
``(2) Court of appeals original petitions.--If a petition 
under this subtitle is filed in a United States court of 
appeals pursuant to subparagraph (A) or (B) of section 
12403(a)(1), further review shall be as otherwise provided by 
law.

``SEC. 12405. ACCELERATION OF CERTAIN CLAIMS BY OTHER PERSONS.

``(a) Certain Civil Actions.--A civil action authorized by Federal 
law seeking judicial review of a final agency action that constitutes 
the issuance, approval, or adoption of a complex authorization for a 
covered energy project may be brought in accordance with this section 
by a person other than a project sponsor of the covered energy project.
``(b) Filing Deadline.--A civil action described in subsection (a) 
shall be filed not later than the earlier of--
``(1) the date that is 150 days after--
``(A) the date on which the applicable lead agency 
publishes in the Federal Register a notice of the 
relevant final complex authorization; or
``(B) if publication described in subparagraph (A) 
is not required by law, the date on which the lead 
agency first makes a notice described in that 
subparagraph publicly available; and
``(2) the applicable statutory deadline with respect to the 
civil action.
``(c) Scope.--Judicial review of a civil action described in 
subsection (a) shall be limited to the administrative record for the 
complex authorization at issue.
``(d) Limited Vacatur and Injunctive Relief.--In a civil action 
described in subsection (a), the court may--
``(1) remand the matter to the applicable agency for 
further action in accordance with the direction of the court; 
and
``(2) in addition to such a remand, vacate or enjoin all or 
any part of a final agency action only if the court finds, 
based on the administrative record and any additional evidence 
properly before the court, that failure so to vacate or enjoin 
would result in specific, imminent, and irreparable 
environmental harm that cannot reasonably be avoided or 
mitigated through narrower relief, an additional mitigation 
measure, or expedited correction of the deficiency.
``(e) Effect of Section.--Nothing in this section limits the 
ability of a project sponsor to bring a claim challenging an 
authorization for a covered energy project.

``Subtitle F--Limiting Orders Against Fully Permitted Projects

``SEC. 12501. TREATMENT OF FULLY PERMITTED PROJECTS.

``(a) Definition of Fully Permitted Project.--In this section, the 
term `fully permitted project' means a covered energy project that has 
received a substantial majority of the authorizations required for the 
covered energy project.
``(b) Prohibition.--No agency or Federal official shall issue any 
order or directive terminating the construction or operation of a fully 
permitted project, revoke any permit or authorization for a fully 
permitted project, or take any other action to halt, suspend, delay, or 
terminate an authorized activity carried out to support a fully 
permitted project unless--
``(1) there exists--
``(A) a clear, immediate, and substantiated harm 
for which the Federal order, directive, or action is 
required to prevent, mitigate, or repair; and
``(B) no other viable alternative that would allow 
a previously authorized activity, such as construction, 
to continue; or
``(2)(A) an applicable authorization is illegal under 
applicable Federal law; and
``(B) the Federal order, directive, or action is 
the only available remedy to address that illegality.
``(c) Limitation on Petitions.--
``(1) In general.--No agency may petition a court for 
voluntary remand of an authorization for a fully permitted 
project that has received a record of decision unless the 
project sponsor consents to the petition.
``(2) In-camera review.--As necessary, a court may review a 
petition submitted under this subsection in camera.

``Subtitle G--Other Matters

``SEC. 12601. GOVERNMENT ACCOUNTABILITY OFFICE SURVEY AND REPORT.

``Not later than 180 days after the date of enactment of this 
title, and not less frequently than annually thereafter, the 
Comptroller General of the United States shall--
``(1) conduct a survey of industry satisfaction with the 
Federal permitting process with respect to covered energy 
projects, which shall--
``(A) include questions relating to--
``(i) related Federal staffing levels and 
expertise;
``(ii) the costs of the permitting process; 
and
``(iii) recommendations for improving the 
permitting process; and
``(B) be carried out so as to accommodate any 
industry group or individual that desires to comment 
anonymously; and
``(2) submit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Natural Resources 
of the House of Representatives a report that includes--
``(A) an evaluation of the ability of agencies to 
adhere to the deadlines under this title;
``(B) an evaluation of whether any energy source 
has been unfairly treated, including through the 
imposition of delays or added requirements, a lack of 
communication, or any other action taken to 
disadvantage the source in the permitting process, 
subject to the condition that it shall not be 
considered unfair treatment for purposes of this 
subparagraph if--
``(i) an energy source is subject to 
regulation or other measures due to a 
difference inherent in a specific technology; 
or
``(ii) an initiative is carried out to 
improve service--
``(I) for an industry; or
``(II) at a field office of the 
Department of Energy or the Department 
of the Interior; and
``(C) a description of the results of the most 
recent survey conducted under paragraph (1).''.
(b) Clerical Amendment.--The table of contents contained in section 
101(b) of the Energy Act of 2020 (Public Law 116-260; 134 Stat. 2418) 
is amended by adding at the end the following:

``TITLE XII--FIGHTING FOR RELIABLE ENERGY AND ENDING DOUBT FOR OPEN 
MARKETS

``Subtitle A--Definitions

``Sec. 12001. Definitions.
``Subtitle B--Federal Land Energy and Mineral Reforms

``Sec. 12101. Accelerating Federal land rights-of-way for certain 
covered energy projects.
``Subtitle C--De-Risking Compensation Program

``Sec. 12201. Definitions.
``Sec. 12202. Establishment; purposes.
``Sec. 12203. Enrollment.
``Sec. 12204. Compensation of enrolled project sponsors.
``Sec. 12205. De-Risking Compensation Fund.
``Subtitle D--Permitting Timelines and Performance Fund

``Sec. 12301. Notices of initiation; project schedules.
``Sec. 12302. Authorization deadlines.
``Sec. 12303. Reviewing court-approved contractors.
``Sec. 12304. Permitting Performance Fund.
``Sec. 12305. Effective date.
``Subtitle E--Expedited Judicial Review and Enforcement

``Sec. 12401. Causes of action.
``Sec. 12402. Petition requirements.
``Sec. 12403. Judicial review.
``Sec. 12404. Expedited procedure; relief; penalties; appeals.
``Sec. 12405. Acceleration of certain claims by other persons.
``Subtitle F--Limiting Orders Against Fully Permitted Projects

``Sec. 12501. Treatment of fully permitted projects.
``Subtitle G--Other Matters

``Sec. 12601. Government Accountability Office survey and report.''.

SEC. 4. GEOTHERMAL LEASING AND PERMITTING IMPROVEMENTS; PERMITTING 
COMPLIANCE ON NON-FEDERAL LAND.

(a) Geothermal Leasing and Permitting Improvements.--
(1) Annual leasing.--Section 4(b) of the Geothermal Steam 
Act of 1970 (30 U.S.C. 1003(b)) is amended--
(A) in paragraph (2), by striking ``every 2 years'' 
and inserting ``per year''; and
(B) by adding at the end the following:
``(5) Replacement sales.--If a lease sale under this 
section for a year is cancelled or delayed--
``(A) the Secretary shall conduct a replacement 
sale not later than 180 days after the date of the 
cancellation or delay, as applicable; and
``(B) that replacement sale may not be cancelled or 
delayed.''.
(2) Cost recovery authority.--Section 24 of the Geothermal 
Steam Act of 1970 (30 U.S.C. 1023) is amended--
(A) by striking the section designation and all 
that follows through ``(b) development'' in the second 
sentence and inserting the following:

``SEC. 24. RULES AND REGULATIONS.

``(a) In General.--The Secretary shall prescribe such rules and 
regulations as the Secretary determines to be appropriate to carry out 
this Act.
``(b) Inclusions.--The regulations prescribed pursuant to 
subsection (a) may include, without limitation, provisions relating 
to--
``(1) the prevention of waste;
``(2) the development'';
(B) in subsection (b) (as so designated)--
(i) in paragraph (2) (as so designated), by 
striking ``resources, (c) the'' and inserting 
the following: ``resources;
``(3) the'';
(ii) in paragraph (3) (as so designated), 
by striking ``interest, (d) assignment'' and 
inserting the following: ``interest;
``(4) assignment'';
(iii) in paragraph (4) (as so designated), 
by striking ``agreements, (e) compensatory'' 
and inserting the following: ``agreements;
``(5) compensatory'';
(iv) in paragraph (5) (as so designated), 
by striking ``royalties, (f) the'' and 
inserting the following: ``royalties;
``(6) the'';
(v) in paragraph (6) (as so designated), by 
striking ``resources, (g) use'' and inserting 
the following: ``resources;
``(7) the use'';
(vi) in paragraph (7) (as so designated), 
by striking ``his lease, (h) the'' and 
inserting the following: ``a lease;
``(8) the''; and
(vii) in paragraph (8) (as so designated), 
by striking ``program, and (i) protection'' and 
inserting the following: ``program; and
``(9) protection''; and
(C) by adding at the end the following:
``(c) Cost Recovery.--Not later than 180 days after the date of 
enactment of the FREEDOM Act, the Secretary shall prescribe rules 
pursuant to this section for cost recovery, to be paid by permit 
applicants or lessees--
``(1) to facilitate the timely coordination and processing 
of leases, permits, and authorizations; and
``(2) to reimburse the Secretary for all reasonable 
administrative costs incurred from the inspection and 
monitoring of activities carried out under the permit, lease, 
or other authorization, as applicable.''.
(3) Federal permitting process.--Not later than 1 year 
after the date of enactment of this Act, the Secretary of the 
Interior shall promulgate regulations and establish a Federal 
permitting process to allow for simultaneous, concurrent 
consideration of multiple phases of a geothermal project, 
including--
(A) surface exploration;
(B) geophysical exploration (including well 
drilling);
(C) production well drilling; and
(D) use of geothermal resources (including power 
plant construction).
(4) Geothermal production parity.--Section 390 of the 
Energy Policy Act of 2005 (42 U.S.C. 15942) is amended--
(A) in subsection (a)--
(i) by striking ``(NEPA)'' and inserting 
``(42 U.S.C. 4321 et seq.) (referred to in this 
section as `NEPA')'';
(ii) by inserting ``(30 U.S.C. 181 et 
seq.)'' after ``Mineral Leasing Act''; and
(iii) by inserting ``or the Geothermal 
Steam Act of 1970 (30 U.S.C. 1001 et seq.) for 
the purpose of exploration or development of 
geothermal resources'' before the period at the 
end; and
(B) in subsection (b)--
(i) in paragraph (2), by striking ``oil or 
gas'' and inserting ``oil, gas, or geothermal 
resources''; and
(ii) in paragraph (3), by striking ``oil or 
gas'' and inserting ``oil, gas, or geothermal 
resources''.
(5) Geothermal ombudsman.--
(A) In general.--Not later than 60 days after the 
date of enactment of this Act, the Secretary of the 
Interior shall appoint within the Bureau of Land 
Management a Geothermal Ombudsman.
(B) Duties.--The Geothermal Ombudsman appointed 
under paragraph (1) shall--
(i) act as a liaison between--
(I) the individual field offices of 
the Bureau of Land Management;
(II) the Division Chief of the 
National Renewable Energy Coordination 
Office of the Bureau of Land 
Management; and
(III) the Director of the Bureau of 
Land Management;
(ii) provide dispute resolution services 
between the individual field offices of the 
Bureau of Land Management and applicants for 
geothermal resource permits;
(iii) monitor and facilitate permit 
processing practices and timelines across 
individual field offices of the Bureau of Land 
Management;
(iv) develop best practices for the 
permitting and leasing process for geothermal 
resources; and
(v) coordinate with the Federal Permitting 
Improvement Steering Council.
(C) Report.--The Geothermal Ombudsman appointed 
under paragraph (1) shall submit to the Committee on 
Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of 
Representatives an annual report that--
(i) describes the activities carried out by 
the Geothermal Ombudsman during the preceding 
year; and
(ii) evaluates the effectiveness of 
geothermal permit processing during the 
preceding year.
(b) Permitting Compliance on Non-Federal Land.--
(1) Certain oil and gas activities on non-federal 
surface.--
(A) In general.--Notwithstanding the Mineral 
Leasing Act (30 U.S.C. 181 et seq.), the Federal Oil 
and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 
et seq.), or subpart 3162 of part 3160 of title 43, 
Code of Federal Regulations (or successor regulations), 
but subject to any applicable State or Tribal 
requirements and subparagraph (C), the Secretary of the 
Interior shall not require a permit to drill for an oil 
and gas lease under the Mineral Leasing Act (30 U.S.C. 
181 et seq.) for any action occurring within an oil and 
gas drilling or spacing unit if--
(i) the Federal Government--
(I) owns fewer than 50 percent of 
the minerals within the oil and gas 
drilling or spacing unit; and
(II) does not own or lease the 
surface estate within the area directly 
impacted by the drilling;
(ii) the well is located on non-Federal 
land overlying a non-Federal mineral estate, 
but some portion of the wellbore enters and 
produces from the Federal mineral estate 
subject to the lease; or
(iii) the well is located on non-Federal 
land overlying a non-Federal mineral estate, 
but some portion of the wellbore traverses but 
does not produce from the Federal mineral 
estate subject to the lease.
(B) State permits to drill and drilling plans.--For 
each State permit to drill or drilling plan that would 
impact or extract oil and gas owned by the Federal 
Government--
(i) each lessee of Federal minerals in the 
unit (or a designee) shall--
(I) notify the Secretary of the 
Interior of the submission of a State 
application for a permit to drill or 
drilling plan on submission of the 
application; and
(II) provide to the Secretary of 
the Interior a copy of the application 
described in subclause (I) not later 
than 5 days after the date on which the 
permit or plan is submitted;
(ii) each lessee described in clause (i) 
(or a designee), and each applicable State, 
shall notify the Secretary of the Interior of 
the approved State permit to drill or drilling 
plan not later than 45 days after the date on 
which the permit or plan is approved; and
(iii) as a condition of commencing drilling 
operations, each lessee described in clause (i) 
(or a designee) shall provide to the Secretary 
of the Interior an agreement authorizing the 
Secretary of the Interior to enter non-Federal 
land, as necessary for inspection and 
enforcement of the terms of the Federal lease.
(C) Nonapplicability to indian lands.--Subparagraph 
(A) shall not apply to Indian lands (as defined in 
section 3 of the Federal Oil and Gas Royalty Management 
Act of 1982 (30 U.S.C. 1702)).
(D) Effect.--Nothing in this paragraph affects--
(i) other authorities of the Secretary of 
the Interior under the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1701 
et seq.); or
(ii) the amount of royalties due to the 
Federal Government from the production of the 
Federal minerals within an oil or gas drilling 
or spacing unit.
(2) Permitting compliance for certain geothermal activities 
on non-federal surface.--The Geothermal Steam Act of 1970 (30 
U.S.C. 1001 et seq.) is amended by adding at the end the 
following:

``SEC. 30. NO FEDERAL DRILLING PERMIT REQUIRED FOR CERTAIN GEOTHERMAL 
ACTIVITIES ON NON-FEDERAL SURFACE.

``(a) Prohibition.--The Secretary shall not require an operator to 
obtain a Federal drilling permit or equivalent Federal drilling 
approval for any geothermal exploration or production activity 
conducted on a non-Federal surface estate, subject to the conditions 
that--
``(1) the United States holds an ownership interest of less 
than 50 percent of the subsurface geothermal estate to be 
accessed by the proposed action; and
``(2) the operator shall submit to the Secretary a State 
permit or other State authorization to conduct geothermal 
exploration or production activities on the non-Federal surface 
estate, in accordance with subsection (b).
``(b) State Permits and Authorizations.--
``(1) Application.--On submission to an applicable State by 
an operator described in subsection (a) of an application for a 
State permit or authorization described in subsection (a)(2), 
the operator shall--
``(A) notify the Secretary of the submission; and
``(B) not later than 5 days after the date of the 
submission, provide to the Secretary a copy of the 
application.
``(2) Approval notice.--Not later than 45 days after the 
date on which the State permit or other State authorization is 
approved by the applicable State, the operator or the State 
shall notify the Secretary of the approval.
``(3) Access agreements.--As a condition of commencing 
operations under this section, an operator shall provide to the 
Secretary an agreement authorizing the Secretary to enter non-
Federal land, as necessary for inspection and enforcement of 
the terms of any applicable Federal geothermal lease, including 
for production accountability and royalty verification.
``(c) Royalties and Production Accountability.--
``(1) Royalties.--Nothing in this section affects the 
amount of royalties due to the United States under this Act 
from the production or use of geothermal resources or 
byproducts.
``(2) Inspections.--The Secretary may conduct onsite 
reviews and inspections to ensure proper accountability, 
measurement, and reporting of production and payment of 
royalties under this Act.
``(d) Exceptions.--This section shall not apply to--
``(1) any action carried out on--
``(A) land located within the boundaries of an 
Indian reservation, pueblo, or rancheria; or
``(B) land not located within the boundaries of an 
Indian reservation, pueblo, or rancheria, the title to 
which is held--
``(i) in trust by the United States for the 
benefit of an Indian Tribe or an individual 
Indian;
``(ii) by an Indian Tribe or an individual 
Indian, subject to restriction against 
alienation under laws of the United States; or
``(iii) by a dependent Indian community; or
``(2) any resource managed by the United States, in trust 
for the benefit of an Indian Tribe.''.
(3) Authority on non-federal land for oil and gas leases.--
Section 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)) is 
amended--
(A) by striking the subsection designation and all 
that follows through ``Secretary of the Interior, or'' 
in the first sentence and inserting the following:
``(g) Regulation of Surface-Disturbing Activities.--
``(1) In general.--The Secretary of the Interior, or''; and
(B) by adding at the end the following:
``(2) Effect of mineral leasing act.--
``(A) In general.--In the case of an oil and gas 
lease under the Mineral Leasing Act on land described 
in subparagraph (B) that is located within an oil and 
gas drilling or spacing unit, nothing in this Act 
authorizes the Secretary of the Interior--
``(i) to require a bond to protect non-
Federal land;
``(ii) to enter non-Federal land without 
the consent of the applicable landowner;
``(iii) to impose mitigation requirements; 
or
``(iv) to require approval for surface 
reclamation.
``(B) Description of land.--Land referred to in 
subparagraph (A) is land with respect to which--
``(i) the Federal Government--
``(I) owns fewer than 50 percent of 
the minerals within the oil and gas 
drilling or spacing unit; and
``(II) does not own or lease the 
surface estate within the area directly 
impacted by the relevant action;
``(ii) a well is located on non-Federal 
land overlying a non-Federal mineral estate, 
but some portion of the wellbore enters and 
produces from the Federal mineral estate 
subject to the lease; or
``(iii) a well is located on non-Federal 
land overlying a non-Federal mineral estate, 
but some portion of the wellbore traverses but 
does not produce from the Federal mineral 
estate subject to the lease.
``(e) Definition of Operator.--In this section, the term `operator' 
means any person that has taken responsibility in writing, submitted to 
the Secretary, for geothermal exploration or production operations 
conducted under a lease issued under this Act.''.
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