Sec. 206. Accelerating renewable energy permitting
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Not later than 30 days after the date on which the Secretary of the Interior or the Secretary of Agriculture, as applicable, receives an application for a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1761 ) for an eligible project (as defined in section 3101 of the Energy Act of 2020 ( 43 U.S.C. 3001 )), the applicable Secretary shall— notify the applicant that the application is complete; or notify the applicant that information is missing from the application and specify any information that is required to be submitted for the application to be complete.
For an eligible project (as defined in section 3101 of the Energy Act of 2020 ( 43 U.S.C. 3001 )) that requires an environmental impact statement for an application submitted under subparagraph (A), the Secretary of the Interior or the Secretary of Agriculture, as applicable, shall issue a notice of intent not later than 90 days after the date on which the applicable Secretary determines that an application is complete under subparagraph (A). Not later than 30 days after the date on which an applicant submits a complete application for a right-of-way under paragraph (1), the Secretary of the Interior or the Secretary of Agriculture, as applicable, shall, if a cost recovery agreement is required under section 2804.14 of title 43, Code of Federal Regulations (or successor regulations), or section 251.58 of title 36, Code of Federal Regulations (or successor regulations), issue a cost recovery agreement.
Not later than 30 days after the date on which an applicant submits a complete application for a right-of-way under paragraph (1), the Secretary of the Interior or the Secretary of Agriculture, as applicable, shall— grant or deny the application, if the requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and any other applicable law have been completed; or defer the decision on the application and provide to the applicant notice— that specifies steps that the applicant can take for the decision on the application to be issued; and of a list of actions that need to be taken by the agency in order to comply with applicable law, and timelines and deadlines for completing those actions.
Not later than 180 days after the date of enactment of this Act, to facilitate timely permitting of eligible projects (as defined in section 3101 of the Energy Act of 2020 ( 43 U.S.C. 3001 )), the Secretary of the Interior and the Secretary of Agriculture shall each promulgate regulations for the use of 1 or more categorical exclusions under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for low disturbance activities necessary for renewable energy projects.
Low disturbance activities referred to in paragraph
(1)are the following: Individual surface disturbances of less than 5 acres that have undergone site-specific analysis in a document prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) that has been previously completed. Activities at a location at which the same type of activity has previously occurred within 5 years prior to the date of commencement of the activity. Activities on previously disturbed or developed (as defined in section 1021.410(g)(1) of title 10, Code of Federal Regulations (or successor regulations)) land for which an approved land use plan or any environmental document prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) analyzed such activity as reasonably foreseeable, so long as such plan or document was approved within 5 years prior to the date of the activity. The installation, modification, operation, or decommissioning of commercially available energy systems located on a building or other structure (such as a rooftop, parking lot, or facility, or mounted to signage, lighting, gates, or fences). Maintenance of a minor activity, other than any construction or major renovation, or a building or facility. Preliminary geotechnical investigations. The installation and removal of temporary meteorological stations.
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