S. 4795

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4795 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
2d Session
S. 4795

To amend the Energy Act of 2020 to establish enforceable Federal 
authorization timelines and expedited judicial remedies, to limit 
Federal actions halting fully permitted projects, and for other 
purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 16, 2026

Mr. Cotton (for himself and Ms. Cortez Masto) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
Natural Resources

_______________________________________________________________________

A BILL

To amend the Energy Act of 2020 to establish enforceable Federal 
authorization timelines and expedited judicial remedies, to limit 
Federal actions halting fully permitted projects, 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; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Fighting for 
Reliable Energy and Ending Doubt for Open Markets Act'' or the 
``FREEDOM Act''.
(b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--AMENDMENT TO ENERGY ACT OF 2020

Sec. 101. Amendment to Energy Act of 2020.
TITLE II--MINING REGULATORY CLARITY

Sec. 201. Hardrock mining mill sites.
TITLE III--GEOTHERMAL ENERGY ADVANCEMENT

Sec. 301. Effect of pending civil actions on processing applications 
relating to geothermal leasing.
Sec. 302. Cost recovery from geothermal leasing, permitting, and 
inspections.
Sec. 303. Publication of Gold Book for geothermal operations on Federal 
land.
Sec. 304. Geothermal Ombudsman and Permitting Task Force.
Sec. 305. Geothermal royalties.
Sec. 306. NEPA review.

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--
(A) raises the cost of living for families in the 
United States; and
(B) increases power prices for homes and 
businesses.

TITLE I--AMENDMENT TO ENERGY ACT OF 2020

SEC. 101. 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

``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 12101(d).
``(4) Covered energy project.--The term `covered energy 
project' means any activity that--
``(A) requires an authorization from an agency;
``(B) is carried out--
``(i) in the United States; or
``(ii) on the outer Continental Shelf (as 
defined in section 2 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331)); and
``(C) involves the construction of infrastructure--
``(i) to develop, produce, generate, store, 
transport, or distribute energy;
``(ii) to capture, remove, transport, or 
store carbon dioxide; or
``(iii) 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 of competent jurisdiction in which a petition under 
subtitle B is filed.
``(11) Routine authorization.--The term `routine 
authorization' means any authorization that is not a complex 
authorization.

``Subtitle A--Authorization Timelines

``SEC. 12101. 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--
``(i) the general location of the proposed 
covered energy project; and
``(ii) a summary of geospatial information, 
if available, illustrating--
``(I) the proposed project area; 
and
``(II) the locations of known 
environmental, cultural, and historic 
resources, if any; and
``(C) a statement identifying all Federal 
financing, environmental reviews, and authorizations 
anticipated to be required to carry out the proposed 
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 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 known, or reasonably 
anticipated, to be 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 12102.
``(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, that the lead agency 
anticipates will take longer than 90 days;
``(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 B.

``SEC. 12102. 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 12101(a) 
for the covered energy project is--
``(1) determined to be complete under section 12101(b)(1); 
or
``(2) deemed to be complete under section 12101(b)(3)(B).
``(b) Deadlines.--Except as provided in subsections (c) and (d), 
each agency that receives from a project sponsor a notice of initiation 
under section 12101(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 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.
``(c) Extension for Environmental Impact Statements.--
Notwithstanding subsection (b), 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, and for each final decision regarding an authorization for 
the covered energy project that depends on completion of that 
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 
provision of Federal law requires an agency to issue a final decision 
regarding an authorization by a date that is earlier than the 
applicable deadline 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 12101(c)(3)(A) shall be--
``(A) considered to be an agency action unlawfully 
withheld or unreasonably delayed under section 706(1) 
of title 5, United States Code; and
``(B) subject to review by a reviewing court under 
subtitle B.
``(2) Exceptions.--The failure by an agency to adhere to a 
deadline under this section or a milestone under section 
12101(c)(3)(A) shall not be considered to be an agency action 
unlawfully withheld or unreasonably delayed under section 
706(1) 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. 12103. 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 12204(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 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 prior 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 
relating 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 (including 
regulations) and technical standards relevant to the 
analyses performed by the contractor;
``(B) certify under penalty of perjury that the 
work product of the contractor--
``(i) is factually accurate, to the best of 
the knowledge and belief of the contractor;
``(ii) was prepared using generally 
accepted professional methods; and
``(iii) complies with applicable 
professional standards and practices;
``(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 
12104(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) 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 agency, or any State or local 
agency, identified as a cooperating agency in the project 
schedule under section 12101(c)(2), 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) independently evaluate the documentation, 
take responsibility for the contents, and 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 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. 12104. 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 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, to pay the costs of any contractor 
approved by a reviewing court under section 12103(b).
``(c) 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. 12105. EFFECTIVE DATE.

``(a) In General.--This subtitle shall apply to any notice of 
initiation submitted under section 12101(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 12102(a)) shall be deemed to be the date that is 120 
days after that date of enactment.

``Subtitle B--Judicial Review

``SEC. 12201. 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 
12202 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 
12101(c)(3)(A); or
``(ii) a deadline applicable to the covered 
energy project under section 12102; or
``(3) an order, directive, suspension, revocation, or other 
action described in section 12301(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 12301(b).
``(2) A court order compelling agency action or other 
relief for an unreasonable delay in the authorization process, 
in accordance with this title.
``(3) Review of the designation of an authorization as a 
complex authorization pursuant to section 12101(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).
``(e) Savings Clause.--Nothing in this title waives, limits, 
constitutes an election of remedies against, or establishes an 
exclusive statutory remedy that precludes, any claim by a project 
sponsor or other entity for just compensation under the Fifth Amendment 
to the Constitution of the United States.

``SEC. 12202. 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) Actions relating to fully permitted 
projects.--A petition alleging that an agency violated 
section 12301 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 12301; and
``(ii) the project sponsor has suffered or 
will suffer harm as a direct result of the 
action described in clause (i).
``(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 12101(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 12101(b)(1); or
``(II) deemed to be complete under 
section 12101(b)(3)(B);
``(iii) the applicable deadline for a final 
decision relating to an authorization for the 
covered energy project under section 12102 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 
12101(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 12101(c), or the designation of an authorization as a 
complex authorization under section 12101(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 
for a cause of action described in section 12201(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 for 
a cause of action described in section 12201(a)(2) may be filed 
beginning on the date that is 30 days after the date of the 
applicable missed deadline or milestone.
``(3) Actions relating to fully permitted projects.--A 
petition under this subtitle for a cause of action described in 
section 12201(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 
12101(c)(2) in the project schedule for the covered energy 
project that is the subject of the petition.

``SEC. 12203. REVIEW BY REVIEWING COURTS.

``(a) Standard of Review.--
``(1) In general.--A 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 
12202(b).
``(B) Multiple respondents.--If multiple agency 
heads are named in a petition as respondents under 
section 12202(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 12201(a)(2) shall 
include, as applicable--
``(i) the notice of initiation submitted 
under section 12101(a);
``(ii) any completeness or deficiency 
designation of that notice under section 
12101(b);
``(iii) the project schedule published 
under section 12101(c); and
``(iv) any other materials the reviewing 
court determines to be necessary to resolve the 
petition.
``(b) Representation of Respondents.--A respondent named under 
section 12202(b) shall be represented in accordance with section 518(a) 
of title 28, United States Code.
``(c) Additional Submissions.--In addition to the documents and 
information required under section 12202(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.
``(d) 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.
``(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. 12204. EXPEDITED PROCEDURE; RELIEF; APPEALS.

``(a) Expedited Procedure.--A 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 as expeditiously 
as practicable.
``(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).
``(2) Actions by reviewing court.--A reviewing court that 
makes a finding described in paragraph (1) shall, as 
applicable--
``(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; and
``(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.
``(c) Appeals.--Any party aggrieved by a final judgment of a 
reviewing court under this subtitle, other than a judgment of a United 
States court of appeals, 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 60 days after the date of entry of the 
judgment.

``Subtitle C--Fully Permitted Projects

``SEC. 12301. 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.
``(d) Effective Date.--This section shall apply to any order, 
directive, suspension, revocation, or other agency action described in 
subsection (b) that is issued or carried out on or after the date of 
enactment of this title.''.
(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

``Sec. 12001. Definitions.
``Subtitle A--Authorization Timelines

``Sec. 12101. Notices of initiation; project schedules.
``Sec. 12102. Authorization deadlines.
``Sec. 12103. Reviewing court-approved contractors.
``Sec. 12104. Permitting Performance Fund.
``Sec. 12105. Effective date.
``Subtitle B--Judicial Review

``Sec. 12201. Causes of action.
``Sec. 12202. Petition requirements.
``Sec. 12203. Review by reviewing courts.
``Sec. 12204. Expedited procedure; relief; appeals.
``Subtitle C--Fully Permitted Projects

``Sec. 12301. Treatment of fully permitted projects.''.

TITLE II--MINING REGULATORY CLARITY

SEC. 201. HARDROCK MINING MILL SITES.

(a) Multiple Mill Sites.--Section 2337 of the Revised Statutes (30 
U.S.C. 42) is amended by adding at the end the following:
``(c) Additional Mill Sites.--
``(1) Definitions.--In this subsection:
``(A) Mill site.--The term `mill site' means a 
location of public land that is reasonably necessary 
for waste rock or tailings disposal or other operations 
reasonably incident to mineral development on, or 
production from, land included in a plan of operations.
``(B) Operations; operator.--The terms `operations' 
and `operator' have the meanings given those terms in 
section 3809.5 of title 43, Code of Federal Regulations 
(as in effect on the date of enactment of this 
subsection).
``(C) Plan of operations.--The term `plan of 
operations' means a plan of operations that an operator 
is required to submit, and the Secretary of the 
Interior or the Secretary of Agriculture, as 
applicable, is required to approve, before the operator 
may begin operations, in accordance with, as 
applicable--
``(i) subpart 3809 of title 43, Code of 
Federal Regulations (or successor regulations 
establishing application and approval 
requirements); and
``(ii) part 228 of title 36, Code of 
Federal Regulations (or successor regulations 
establishing application and approval 
requirements).
``(D) Public land.--The term `public land' means 
land owned by the United States that is open to 
location under sections 2319 through 2344 of the 
Revised Statutes (30 U.S.C. 22 et seq.), including--
``(i) land that is mineral-in-character (as 
defined in section 3830.5 of title 43, Code of 
Federal Regulations (as in effect on the date 
of enactment of this subsection));
``(ii) nonmineral land (as defined in 
section 3830.5 of title 43, Code of Federal 
Regulations (as in effect on the date of 
enactment of this subsection)); and
``(iii) land the mineral character of which 
has not been determined.
``(2) Authorization.--Notwithstanding subsections (a) and 
(b), if public land is needed by the proprietor of a lode or 
placer claim for operations in connection with any lode or 
placer claim within the proposed plan of operations, the 
proprietor may--
``(A) locate and include within the plan of 
operations as many mill site claims under this 
subsection as are reasonably necessary for its 
operations; and
``(B) use or occupy public land in accordance with 
an approved plan of operations.
``(3) Mill sites convey no mineral rights.--A mill site 
under this subsection does not convey mineral rights to the 
locator.
``(4) Size of mill sites.--A location of a single mill site 
under this subsection shall not exceed 5 acres.
``(5) Mill site and lode or placer claims on same tracts of 
public land.--A mill site may be located under this subsection 
on a tract of public land on which the claimant or operator 
maintains a previously located lode or placer claim.
``(6) Effect on mining claims.--The location of a mill site 
under this subsection shall not affect the validity of any lode 
or placer claim, or any rights associated with such a claim.
``(7) Patenting.--A mill site under this section shall not 
be eligible for patenting.
``(8) Savings provisions.--Nothing in this subsection--
``(A) diminishes any right (including a right of 
entry, use, or occupancy) of a claimant;
``(B) creates or increases any right (including a 
right of exploration, entry, use, or occupancy) of a 
claimant on land that is not open to location under the 
general mining laws;
``(C) modifies any provision of law or any prior 
administrative action withdrawing land from location or 
entry;
``(D) limits the right of the Federal Government to 
regulate mining and mining-related activities 
(including requiring claim validity examinations to 
establish the discovery of a valuable mineral deposit) 
in areas withdrawn from mining, including under--
``(i) the general mining laws;
``(ii) the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et 
seq.);
``(iii) the Wilderness Act (16 U.S.C. 1131 
et seq.);
``(iv) sections 100731 through 100737 of 
title 54, United States Code;
``(v) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.);
``(vi) division A of subtitle III of title 
54, United States Code (commonly referred to as 
the `National Historic Preservation Act'); or
``(vii) section 4 of the Act of July 23, 
1955 (commonly known as the `Surface Resources 
Act of 1955') (69 Stat. 368, chapter 375; 30 
U.S.C. 612);
``(E) restores any right (including a right of 
entry, use, or occupancy, or right to conduct 
operations) of a claimant that--
``(i) existed prior to the date on which 
the land was closed to, or withdrawn from, 
location under the general mining laws; and
``(ii) has been extinguished by such 
closure or withdrawal; or
``(F) modifies section 404 of division E of the 
Consolidated Appropriations Act, 2024 (Public Law 118-
42; 138 Stat. 284).''.
(b) Abandoned Hardrock Mine Fund.--
(1) Establishment.--There is established in the Treasury of 
the United States a separate account, to be known as the 
``Abandoned Hardrock Mine Fund'' (referred to in this 
subsection as the ``Fund'').
(2) Source of deposits.--Any amounts collected by the 
Secretary of the Interior pursuant to the claim maintenance fee 
under section 10101(a)(1) of the Omnibus Budget Reconciliation 
Act of 1993 (30 U.S.C. 28f(a)(1)) on mill sites located under 
subsection (c) of section 2337 of the Revised Statutes (30 
U.S.C. 42) shall be deposited into the Fund.
(3) Use.--The Secretary of the Interior may make 
expenditures from amounts available in the Fund, without 
further appropriation, only to carry out section 40704 of the 
Infrastructure Investment and Jobs Act (30 U.S.C. 1245).
(4) Allocation of funds.--Amounts made available under 
paragraph (3)--
(A) shall be allocated in accordance with section 
40704(e)(1) of the Infrastructure Investment and Jobs 
Act (30 U.S.C. 1245(e)(1)); and
(B) may be transferred in accordance with section 
40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)).
(c) Clerical Amendments.--Section 10101 of the Omnibus Budget 
Reconciliation Act of 1993 (30 U.S.C. 28f) is amended--
(1) by striking ``the Mining Law of 1872 (30 U.S.C. 28-
28e)'' each place it appears and inserting ``sections 2319 
through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.)'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the second sentence, by striking 
``Such claim maintenance fee'' and inserting 
the following:
``(B) Fee.--The claim maintenance fee under 
subparagraph (A)''; and
(ii) in the first sentence, by striking 
``The holder of'' and inserting the following:
``(A) In general.--The holder of''; and
(B) in paragraph (2)--
(i) in the second sentence--
(I) by striking ``the Mining Law of 
1872 (30 U.S.C. 28 to 28e)'' and 
inserting ``sections 2319 through 2344 
of the Revised Statutes (30 U.S.C. 22 
et seq.)''; and
(II) by striking ``Such claim 
maintenance fee'' and inserting the 
following:
``(B) Fee.--The claim maintenance fee under 
subparagraph (A)''; and
(ii) in the first sentence, by striking 
``The holder of'' and inserting the following:
``(A) In general.--The holder of''; and
(3) in subsection (b)--
(A) in the second sentence, by striking ``The 
location fee'' and inserting the following:
``(2) Fee.--The location fee''; and
(B) in the first sentence, by striking ``The claim 
main tenance fee'' and inserting the following:
``(1) In general.--The claim maintenance fee''.

TITLE III--GEOTHERMAL ENERGY ADVANCEMENT

SEC. 301. EFFECT OF PENDING CIVIL ACTIONS ON PROCESSING APPLICATIONS 
RELATING TO GEOTHERMAL LEASING.

Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is 
amended by adding at the end the following:
``(h) Effect of Pending Civil Actions on Processing Applications 
Relating to Geothermal Leasing.--
``(1) Definition of authorization.--In this subsection, the 
term `authorization' means any license, permit, approval, 
finding, determination, or other administrative decision issued 
by a Federal agency, or any interagency consultation, that is 
required or authorized under Federal law (including 
regulations) in order to site, construct, reconstruct, or 
commence operation of a geothermal project administered by a 
Federal agency.
``(2) Requirement to process applications.--Notwithstanding 
any pending civil action that affects an application for a 
geothermal drilling permit, sundry notice, notice to proceed, 
right-of-way, or any other authorization under a valid existing 
geothermal lease, the Secretary shall, unless a Federal court 
vacates or provides injunctive relief for the applicable 
geothermal lease, geothermal drilling permit, sundry notice, 
notice to proceed, right-of-way, or other authorization, 
approve and issue, or deny, each such application not later 
than 60 days after completing all requirements under applicable 
Federal laws (including regulations), including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and 
division A of subtitle III of title 54, United States Code.
``(3) No new authority for federal courts.--Nothing in this 
subsection modifies any existing authority of a Federal court 
to vacate or provide injunctive relief for a geothermal lease, 
geothermal drilling permit, sundry notice, notice to proceed, 
right-of-way, or other authorization.''.

SEC. 302. COST RECOVERY FROM GEOTHERMAL LEASING, PERMITTING, AND 
INSPECTIONS.

(a) In General.--Section 6 of the Geothermal Steam Act of 1970 (30 
U.S.C. 1005) is amended by adding at the end the following:
``(j) Cost Recovery.--
``(1) In general.--During the period beginning on the date 
of enactment of the FREEDOM Act and ending on September 30, 
2033, the Secretary may require an applicant for, or holder of, 
a geothermal lease to reimburse the United States for all 
reasonable administrative and other costs incurred by the 
United States from--
``(A) processing the application for the geothermal 
lease, including any application for an operations 
plan, geothermal drilling permit, utilization plan, 
site license, facility construction permit, commercial 
use permit, and any other approval associated with a 
geothermal lease; and
``(B) inspecting and monitoring--
``(i) geophysical exploration activities;
``(ii) the drilling, plugging, or 
abandonment of wells; and
``(iii) the construction, operation, 
termination, or reclamation of any well site or 
facility for the utilization of geothermal 
resources pursuant to the geothermal lease.
``(2) Factor for consideration.--In determining whether to 
require reimbursement under paragraph (1), the Secretary shall 
take into consideration whether there is in effect a 
cooperative cost-share agreement between the United States and 
the holder of a geothermal lease.
``(3) Adjustments.--The Secretary may reduce the amount 
required to be reimbursed under paragraph (1) if the Secretary 
determines that--
``(A) full reimbursement would impose on the 
applicant an economic hardship; or
``(B) a less-than-full reimbursement is necessary 
to promote the greatest use of geothermal resources.
``(4) Use.--The amounts reimbursed under this subsection 
shall be--
``(A) credited to the currently applicable 
appropriation, account, or fund of the Department of 
the Interior as discretionary offsetting collections; 
and
``(B) available only to the extent provided in 
advance in appropriations Acts for--
``(i) processing applications for 
geothermal leases, including any applications 
for operations plans, geothermal drilling 
permits, utilization plans, site licenses, 
facility construction permits, commercial use 
permits, and any other approval associated with 
geothermal leases; and
``(ii) inspecting and monitoring--
``(I) geophysical exploration 
activities;
``(II) the drilling, plugging, or 
abandonment of wells; and
``(III) the construction, 
operation, termination, or reclamation 
of any well site or facility for the 
utilization of geothermal resources 
pursuant to geothermal leases.''.
(b) Report.--
(1) In general.--Not later than 5 years after the date of 
enactment of this Act, the Secretary of the Interior, in 
consultation with representatives of the geothermal industry 
and other stakeholders, shall submit to the Committee on Energy 
and Natural Resources of the Senate and the Committee on 
Natural Resources of the House of Representatives, and make 
publicly available on the website of the Department of the 
Interior, a report that includes--
(A) an assessment of how the amendment made by 
subsection (a) affected the geothermal program of the 
Bureau of Land Management during the preceding 5 years;
(B) any recommendations for reauthorization of 
subsection (j) of section 6 of the Geothermal Steam Act 
of 1970 (30 U.S.C. 1005) (as added by subsection (a)); 
and
(C) any other recommendations for updates to--
(i) subsection (j) of section 6 of the 
Geothermal Steam Act of 1970 (30 U.S.C. 1005) 
(as so added); or
(ii) the geothermal program of the Bureau 
of Land Management.
(2) Information.--In developing the report under paragraph 
(1), the Secretary of the Interior shall solicit information 
from representatives of the geothermal industry and other 
stakeholders.

SEC. 303. PUBLICATION OF GOLD BOOK FOR GEOTHERMAL OPERATIONS ON FEDERAL 
LAND.

(a) Identification.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of the Interior, in consultation 
with other relevant Federal agencies, shall identify standard 
procedures and guidelines for efficient and environmentally responsible 
geothermal leasing and permitting to the extent such standard 
procedures and guidelines are not addressed in the fourth edition of 
the document of the Bureau of Land Management entitled ``Surface 
Operating Standards and Guidelines for Oil and Gas Exploration and 
Development'', commonly known as the ``Gold Book'', and most recently 
revised in 2007.
(b) Publication.--
(1) In general.--Not later than 270 days after identifying 
standard procedures and guidelines under subsection (a), the 
Secretary of the Interior shall publish an updated version of 
the Gold Book, incorporating any changes necessary to support 
efficient and environmentally responsible geothermal leasing 
and permitting, for use by the field offices of the Bureau of 
Land Management and geothermal operators.
(2) Renaming.--The Secretary of the Interior shall rename 
the Gold Book as the Secretary determines to be appropriate to 
reflect the incorporation of standard procedures and guidelines 
relating to geothermal development.
(c) Consultation.--Before publishing an updated version of the Gold 
Book under subsection (b)(1), the Secretary of the Interior shall 
consult with--
(1) other relevant Federal agencies, including field 
offices of the Bureau of Land Management; and
(2) outside stakeholders, including developers and other 
experts.
(d) Periodic Revision.--The Secretary of the Interior shall--
(1) not less frequently than once every 5 years, review the 
most recent version of the Gold Book (or a successor to that 
book); and
(2) as the Secretary of the Interior determines to be 
necessary to support efficient and environmentally responsible 
geothermal leasing and permitting, publish an updated version 
of the Gold Book (or a successor).
(e) Inclusions.--Each updated version of the Gold Book (or a 
successor to that book) shall include standard procedures and 
guidelines for ensuring the efficient review and approval of 
environmentally responsible geothermal development, including--
(1) exploration and geophysical operations;
(2) permitting lease operations;
(3) compliance with all applicable laws (including 
regulations);
(4) construction and maintenance; and
(5) drilling, production, and utilization operations.

SEC. 304. GEOTHERMAL OMBUDSMAN AND PERMITTING TASK FORCE.

(a) Definitions.--In this section:
(1) Bureau.--The term ``Bureau'' means the Bureau of Land 
Management.
(2) Geothermal authorization.--The term ``geothermal 
authorization'' means any license, permit, approval, finding, 
determination, or other administrative decision issued by the 
Bureau (including any interagency consultation) that is 
required or authorized under Federal law in order to site, 
construct, reconstruct, or commence operation of a project 
that--
(A) is located in whole or in part on land subject 
to geothermal leasing under section 3 of the Geothermal 
Steam Act of 1970 (30 U.S.C. 1002); and
(B) uses geothermal energy to generate heat or 
electricity.
(3) Geothermal ombudsman.--The term ``Geothermal 
Ombudsman'' means the Geothermal Ombudsman appointed under 
subsection (b)(1).
(4) Task force.--The term ``Task Force'' means the 
Geothermal Permitting Task Force established under subsection 
(c)(1).
(b) Geothermal Ombudsman.--
(1) In general.--Not later than 60 days after the date of 
enactment of this Act, the Secretary of the Interior shall 
appoint from within the Bureau an individual to serve as 
Geothermal Ombudsman.
(2) Duties.--The Geothermal Ombudsman shall--
(A) act as a liaison between--
(i) the individual field, district, and 
State offices of the Bureau;
(ii) the Division Chief of the National 
Renewable Energy Coordination Office of the 
Bureau; and
(iii) the Director of the Bureau;
(B) provide dispute resolution services for 
disputes between the individual field, district, and 
State offices of the Bureau and applicants for 
geothermal authorizations;
(C) monitor and facilitate permit processing 
practices and timelines across individual field offices 
of the Bureau;
(D) develop best practices for the permitting and 
leasing process for geothermal resources; and
(E) coordinate with the Federal Permitting 
Improvement Steering Council.
(c) Geothermal Permitting Task Force.--
(1) Establishment.--Not later than 60 days after the date 
of enactment of this Act, the Secretary of the Interior shall 
establish within the Bureau a task force, to be known as the 
``Geothermal Permitting Task Force''.
(2) Leadership.--The Task Force shall be headed by the 
Geothermal Ombudsman.
(3) Permitting support.--The Task Force shall support the 
duties of the Geothermal Ombudsman under subsection (b).
(4) Cross-office personnel assignments.--
(A) In general.--The Geothermal Ombudsman, acting 
as head of the Task Force, may coordinate with any 
bureau or office of the Department of the Interior to 
assign personnel with relevant expertise to assist with 
the completion of geothermal authorizations in Bureau 
field, district, or State offices other than the 
official duty stations at which such personnel are 
located if--
(i) the applicable bureau or office 
determines that such an assignment will not 
materially delay ongoing completion of 
geothermal authorizations within the applicable 
official duty station; and
(ii) approval is received from the head of 
that official duty station.
(B) Assigned personnel requirements.--An employee 
assigned to assist with the completion of geothermal 
authorizations pursuant to subparagraph (A) shall--
(i) work in-person full-time at an official 
office of the Department of the Interior;
(ii) as the Geothermal Ombudsman determines 
to be necessary, travel to the Bureau field, 
district, or State office with jurisdiction 
over the geothermal authorizations to which the 
employee has been assigned;
(iii) participate as part of the team of 
personnel working on geothermal authorizations 
to which the employee has been assigned; and
(iv) regularly report to the head of the 
Bureau field, district, or State office with 
jurisdiction over the geothermal authorizations 
to which the employee has been assigned.
(C) Retention allowances.--
(i) In general.--Subject to the 
availability of appropriations, the Geothermal 
Ombudsman may pay a retention allowance to an 
employee assigned to assist with the completion 
of geothermal authorizations under subparagraph 
(A).
(ii) Requirements.--A retention allowance 
under clause (i)--
(I) shall be stated as the 
percentage of the rate of basic pay of 
the applicable employee, subject to the 
condition that such an allowance may 
not exceed 25 percent of that rate of 
basic pay;
(II) may not be considered to be 
part of the basic pay of the employee;
(III) may not be appealed on 
reduction or elimination; and
(IV) shall be paid at the same time 
and in the same manner as the basic pay 
of the employee is paid.
(iii) Factors for consideration.--In paying 
a retention allowance under clause (i), the 
Geothermal Ombudsman shall take into 
consideration--
(I) any specialized expertise of 
the applicable employee relating to 
geothermal authorizations;
(II) the demonstrated need to 
retain an employee to meet the 
performance improvement objectives for 
geothermal authorization timelines and 
develop best practices for completion 
of geothermal authorizations; and
(III) the difficulty in recruiting 
or replacing qualified personnel with 
relevant expertise relating to 
geothermal authorizations.
(D) Savings clause.--The assignment of personnel 
pursuant to this paragraph shall not alter the 
underlying jurisdiction of any office of the Bureau 
with respect to geothermal authorizations.
(d) Report.--The Geothermal Ombudsman 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--
(1) describes the activities of the Task Force during the 
preceding year; and
(2) evaluates the effectiveness of geothermal authorization 
processing during the preceding year.

SEC. 305. GEOTHERMAL ROYALTIES.

(a) Definitions.--
(1) In general.--Section 2 of the Geothermal Steam Act of 
1970 (30 U.S.C. 1001) is amended--
(A) by striking the section designation and heading 
and all that follows through ``the term--'' in the 
matter preceding subsection (a) and inserting the 
following:

``SEC. 2. DEFINITIONS.

``In this Act:'';
(B) in each of subsections (a) through (d), by 
striking the semicolon at the end and inserting a 
period;
(C) in subsection (c), by striking ``resources'' 
and inserting ``resource'';
(D) by striking subsection (e);
(E) in subsection (f)--
(i) in paragraph (1), by striking 
``Section'' and inserting ``section'';
(ii) by redesignating paragraphs (1) 
through (4) as subparagraphs (A) through (D), 
respectively, and indenting appropriately; and
(iii) by striking the subsection 
designation and all that follows through 
``limited to,'' in the matter preceding 
subparagraph (A) (as so redesignated) and 
inserting the following:
``(f) `significant thermal feature within a unit of the National 
Park System' includes'';
(F) in subsection (g), by striking ``; and'' at the 
end and inserting a period;
(G) by redesignating subsections (a), (b), (c), 
(d), (f), and (g) as paragraphs (7), (4), (5), (1), 
(8), and (2), respectively, indenting the paragraphs 
appropriately, and moving the paragraphs so as to 
appear in numerical order;
(H) in each of paragraphs (1), (2), (4), (5), (7), 
and (8) (as so redesignated)--
(i) by inserting ``The term'' after the 
paragraph designation; and
(ii) by adding a paragraph heading, the 
text of which comprises the term defined in the 
paragraph;
(I) by inserting after paragraph (2) (as so 
redesignated) the following:
``(3) Geothermal electric generating facility.--
``(A) In general.--The term `geothermal electric 
generating facility' means a facility, including all 
necessary equipment and structures (including turbines 
and cooling equipment), that produces electricity using 
geothermal resources.
``(B) Treatment.--For purposes of section 5(a)(1), 
a facility described in subparagraph (A) shall be 
considered to be a separate facility from any other 
such facility unless the facility shares a turbine with 
the other facility.''; and
(J) by inserting after paragraph (5) (as so 
redesignated) the following:
``(6) In-service date.--The term `in-service date', with 
respect to a geothermal electric generating facility, means the 
date on which the geothermal electric generating facility 
commences operation.''.
(2) Conforming amendments.--
(A) Section 6(i) of the Geothermal Steam Act of 
1970 (30 U.S.C. 1005(i)) is amended by striking ``as 
defined in section 2(c) herein''.
(B) Section 28(a)(1) of the Geothermal Steam Act of 
1970 (30 U.S.C. 1026(a)(1)) is amended, in the matter 
preceding subparagraph (A), by striking ``, as defined 
in section 2(f),''.
(b) Royalties on Electricity Produced Using Geothermal Resources.--
Section 5(a) of the Geothermal Steam Act of 1970 (30 U.S.C. 1004(a)) is 
amended by striking paragraph (1) and inserting the following:
``(1) a royalty on electricity produced using geothermal 
resources, other than direct use of geothermal resources, in an 
amount equal to, with respect to a geothermal electric 
generating facility producing electricity from geothermal 
resources--
``(A) not less than 1 percent, and not more than 
2.5 percent, of the gross proceeds from the sale of 
electricity produced by the geothermal electric 
generating facility from those geothermal resources 
during each year of the 10-year period beginning on the 
in-service date of the geothermal electric generating 
facility; and
``(B) not less than 2 percent, and not more than 5 
percent, of the gross proceeds from the sale of 
electricity produced by the geothermal electric 
generating facility from those geothermal resources 
during each year after the 10-year period described in 
subparagraph (A);''.

SEC. 306. NEPA REVIEW.

Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is 
amended--
(1) in subsection (a)--
(A) by striking ``(NEPA)'' and inserting ``(42 
U.S.C. 4321 et seq.) (referred to in this section as 
`NEPA')'';
(B) by inserting ``(30 U.S.C. 181 et seq.)'' after 
``Mineral Leasing Act''; and
(C) 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
(2) in subsection (b)--
(A) in paragraph (2), by striking ``oil or gas'' 
and inserting ``oil, gas, or geothermal resources''; 
and
(B) in paragraph (3), by striking ``oil or gas'' 
and inserting ``oil, gas, or geothermal resources''.
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