FREEDOM Act

(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.

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:

In this title:

The term agency has the meaning given the term in section 551 of title 5, United States Code.

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.

The term complex authorization means an authorization identified as a complex authorization by a lead agency under section 12101(d).

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.

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.

The term environmental document includes any document that is—

(i) a supplement to a document described in subparagraph (A); or

(I) related to a document described in subparagraph (A); and

(II) prepared pursuant to a court order.

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)).

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.).

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).

The term project sponsor means a private, public, or public-private entity seeking an authorization for a covered energy project.

The term reviewing court means the court of competent jurisdiction in which a petition under subtitle B is filed.

The term routine authorization means any authorization that is not a complex authorization.

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.

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.

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).

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).

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.

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.

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.

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.

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—

(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.

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).

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).

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).

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.

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).

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.

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.

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.

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.

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.

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).

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.

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.

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).

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.

The approval of a reviewing court under this paragraph may include any conditions or limitations necessary to ensure compliance with applicable law.

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.

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.

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.

A project sponsor may advance to a contractor approved under this section payment for any costs described in paragraph (1).

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.

A contractor approved by a reviewing court under this section shall prepare only the documentation necessary to complete the relevant administrative record.

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.

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.

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.

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).

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.

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.

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.

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.

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).

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).

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.

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.

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.

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.

A project sponsor may file only 1 petition under this subtitle with respect to any single cause of action described in subsection (a).

A project sponsor may file a single petition under this subtitle seeking multiple grounds for relief.

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).

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.

The reviewing court shall rule expeditiously on any motion to intervene under paragraph (1).

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.

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 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).

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).

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

A respondent named under section 12202(b) shall be represented in accordance with section 518(a) of title 28, United States Code.

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.

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.

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.

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.

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).

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.

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.

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.

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

(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.

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.

As necessary, a court may review a petition submitted under this subsection in camera.

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.

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:

Section 2337 of the Revised Statutes (30 U.S.C. 42) is amended by adding at the end the following:

In this subsection:

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.

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).

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).

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.

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.

A mill site under this subsection does not convey mineral rights to the locator.

A location of a single mill site under this subsection shall not exceed 5 acres.

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.

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.

A mill site under this section shall not be eligible for patenting.

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).

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).

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.

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).

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)).

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:

The claim maintenance fee under subparagraph (A); and

(ii) in the first sentence, by striking The holder of and inserting the following:

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:

The claim maintenance fee under subparagraph (A); and

(ii) in the first sentence, by striking The holder of and inserting the following:

The holder of; and

(3) in subsection (b)—

(A) in the second sentence, by striking The location fee and inserting the following:

The location fee; and

(B) in the first sentence, by striking The claim main tenance fee and inserting the following:

The claim maintenance fee.

Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is amended by adding at the end the following:

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.

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.

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.

Section 6 of the Geothermal Steam Act of 1970 (30 U.S.C. 1005) is amended by adding at the end the following:

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.

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.

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.

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.

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.

In developing the report under paragraph (1), the Secretary of the Interior shall solicit information from representatives of the geothermal industry and other stakeholders.

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.

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.

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.

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.

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).

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.

In this section:

The term Bureau means the Bureau of Land Management.

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.

The term Geothermal Ombudsman means the Geothermal Ombudsman appointed under subsection (b)(1).

The term Task Force means the Geothermal Permitting Task Force established under subsection (c)(1).

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.

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.

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.

The Task Force shall be headed by the Geothermal Ombudsman.

The Task Force shall support the duties of the Geothermal Ombudsman under subsection (b).

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.

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.

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).

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.

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.

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.

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.

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:

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:

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.

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:

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.

(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),.

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);.

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.