Sec. 103. Prioritizing energy projects of strategic national importance

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In this section: The term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). The term designated project means an energy project of strategic national importance designated for priority Federal review under subsection (b). Not later than 90 days after the date of enactment of this Act, the President, in consultation with the Secretary of Energy, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Federal Energy Regulatory Commission, and the heads of any other relevant Federal departments or agencies, as determined by the President, shall— designate 25 energy projects of strategic national importance for priority Federal review, in accordance with this section; and publish a list of those designated projects in the Federal Register.

Not later than 180 days after the date on which the President publishes the list under paragraph (1)(B), and every 180 days thereafter during the 10-year period beginning on that date, the President shall publish an updated list, which shall— include not less than 25 designated projects; and include each previously designated project until— a final decision has been issued for each authorization for the designated project; or the project sponsor withdraws its request for authorization.

During the 7-year period beginning on the date on which the President publishes the list under paragraph (1)(B), of the list of designated projects maintained on an ongoing basis pursuant to this subsection, not fewer than— 5 shall be projects for the mining, extraction, beneficiation, or processing of critical minerals— of which not fewer than 3 shall include new mining or extraction of critical minerals; and for which critical mineral production may occur as a byproduct; 7 shall be projects— to generate electricity or store energy without the use of fossil fuels; or to manufacture clean energy equipment; 6 shall be projects to produce, process, transport, or store fossil fuel products, or biofuels, including projects to export or import those products from nations described in subsection (c)(3)(A)(vi); 3 shall be electric transmission projects or projects using grid-enhancing technology; 2 shall be projects to capture, transport, or store carbon dioxide, which may include the utilization of captured or displaced carbon dioxide emissions; and 2 shall be a project to produce, transport, or store clean hydrogen, including projects to export or import those products from nations described in subsection (c)(3)(A)(vi).

During the 3-year period beginning 7 years after the date on which the President publishes the list under paragraph (1)(B), of the list of designated projects maintained on an ongoing basis pursuant to this subsection, not fewer than— 2 shall be projects for the mining, extraction, beneficiation, or processing of critical minerals; 3 shall be projects described in paragraph (3)(B); 3 shall be projects described in paragraph (3)(C); 1 shall be a project described in paragraph (3)(D); 1 shall be a project described in paragraph (3)(E); and 1 shall be a project described in paragraph (3)(F).

Subject to subparagraph (B), during the 10-year period beginning on the date on which the President publishes the list under paragraph (1)(B), the President shall maintain a list of designated projects that meet the minimum threshold for the applicable category of projects under each subparagraph of paragraph

(3)or (4), as applicable. If the number of applications submitted that meet the requirements for a designated project for a category of projects under a subparagraph of paragraph

(3)or (4), as applicable, is not sufficient to meet the minimum threshold under that subparagraph, the President shall designate the maximum number of applications submitted that meet the requirements for a designated project for the applicable category until a sufficient number of applications meeting the requirements for a designated project for such category has been submitted. The President shall carry out subsection

(b)based on a review of applications for authorizations or other reviews submitted to the Corps of Engineers, the Department of Defense, the Department of Energy, the Department of the Interior, the Environmental Protection Agency, the Forest Service, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the Maritime Administration, the Pipeline and Hazardous Materials Safety Administration, and the Federal Permitting Improvement Steering Council. The President shall designate under subsection

(b)only projects that the President determines are likely— to require an environmental assessment or environmental impact statement under NEPA; to require review by more than 2 Federal or State agencies; to have a total project cost of more than $250,000,000; and to have sufficient financial support from the project sponsor to ensure project completion. In considering projects to designate under subsection (b), the President shall give priority to projects the completion of which will significantly advance 1 or more of the following objectives: Reducing energy prices in the United States. Reducing greenhouse gas emissions. Improving electric reliability in North America. Advancing emerging energy technologies. Improving the domestic supply chains for, and manufacturing of, energy products, energy equipment, and critical minerals. Increasing energy trade between the United States and— nations that are signatories to free trade agreements with the United States that cover the trade of energy products; members of the North Atlantic Treaty Organization; members of the Organization for Economic Cooperation and Development; nations with a transmission system operator that is included in the European Network of Transmission System Operators for Electricity, including as an observer member; or any other country designated as an ally or partner nation by the President for purposes of this section. Reducing the reliance of the United States on the supply chains of foreign entities of concern (as defined in section 40207(a) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18741(a) )). To the extent practicable, minimizing development impacts through the use of existing— rights-of-way; facilities; or other infrastructure. Creating jobs— with wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act ); and with consideration of the magnitude and timing of the direct and indirect employment impacts of carrying out the project. In considering projects to designate for the category of projects described in subsection (b)(3)(C), in addition to the priorities specified in subparagraph (A), the President shall give priority to projects the completion of which will significantly reduce greenhouse gas emissions. The President shall, in consultation with the applicable department and agency heads, the Director of the Office of Management and Budget, the Chair of the Council on Environmental Quality, and the Federal Permitting Improvement Steering Council, direct Federal agencies through executive order to prioritize the completion of the environmental review process and decisions on authorizations for designated projects. To the maximum extent practicable and consistent with applicable Federal law, the President shall complete— the environmental review process— in the case of a designated project for which the lead agency determines an environmental impact statement is required, not later than 2 years after the date of publication by the lead agency of a notice of intent to prepare an environmental impact statement to the record of decision; and in the case of a designated project for which the lead agency determines an environmental assessment is required, not later than 1 year after the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact; and decisions on any outstanding authorization required for project construction within 180 days of the issuance of a record of decision or finding of no significant impact under subparagraph (A). A designated project shall be considered a major project (as defined in section 102(a)) subject to the requirements of that section. Nothing in this section supersedes or modifies any applicable requirement, authority, or agency responsibility provided under NEPA. The act of designating a project under subsections

(b)and

(c)shall not be subject to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). Not later than 180 days after the date of enactment of this Act, and every 90 days thereafter, the President shall submit to the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce and the Committee on Natural Resources of the House of Representatives a report describing— each designated project and the basis for designating that project pursuant to subsection (c); for each designated project, all outstanding authorizations, environmental reviews, consultations, public comment periods, or other Federal, State, or local reviews required for project completion; and for each authorization, environmental review, consultation, public comment period, or other review under paragraph (2)— an estimated completion date; and an explanation of— any delays meeting the timelines established in this section or in applicable Federal, State, or local law; and any changes to the date described in subparagraph

(A)from a report previously submitted under this subsection. Out of amounts appropriated under section 70007 of Public Law 117–169 to the Environmental Review Improvement Fund established under section 41009(d)(1) of the FAST Act ( 42 U.S.C. 4370m–8(d)(1) ), $250,000,000 shall be used to provide funding to agencies to support more efficient, accurate, and timely reviews of designated projects in accordance with paragraph (2). The Federal Permitting Improvement Steering Council shall prescribe the use of funds provided to agencies under paragraph (1), which may include— the hiring and training of personnel; the development of programmatic documents; the procurement of technical or scientific services for environmental reviews; the development of data or information systems; stakeholder and community engagement; the purchase of new equipment for analysis; and the development of geographic information systems and other analytical tools, techniques, and guidance to improve agency transparency, accountability, and public engagement. Of the amounts made available under paragraph

(1)for a fiscal year, not more than $1,500,000 shall be allocated to support the review of a single designated project. Funds appropriated under this subsection shall be used in addition to existing funding mechanisms, including agency user fees and application fees.

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