[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7329 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7329
To amend the Energy Act of 2020, the Geothermal Steam Act of 1970, the
Energy Policy Act of 2005, and the Mineral Leasing Act to streamline
the leasing and permitting processes of Federal agencies for certain
energy and mineral projects, to clarify Federal authorization
requirements for certain projects on non-Federal land, to establish
enforceable Federal authorization timelines and expedited judicial
remedies, to limit Federal actions halting fully permitted projects, to
create a de-risking compensation program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 2026
Mr. Harder of California (for himself, Mr. Lawler, Mr. Bacon, Mr. Gray,
Mr. Edwards, and Ms. McDonald Rivet) introduced the following bill;
which was referred to the Committee on Natural Resources, and in
addition to the Committees on Agriculture, Energy and Commerce,
Transportation and Infrastructure, Science, Space, and Technology, and
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Energy Act of 2020, the Geothermal Steam Act of 1970, the
Energy Policy Act of 2005, and the Mineral Leasing Act to streamline
the leasing and permitting processes of Federal agencies for certain
energy and mineral projects, to clarify Federal authorization
requirements for certain projects on non-Federal land, to establish
enforceable Federal authorization timelines and expedited judicial
remedies, to limit Federal actions halting fully permitted projects, to
create a de-risking compensation program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fighting for Reliable Energy and
Ending Doubt for Open Markets Act'' or the ``FREEDOM Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) energy projects face catastrophic financial losses when
Federal agencies revoke permits, fail to adhere to deadlines,
or take years to process routine applications for those
projects, even in cases in which project sponsors have invested
millions of dollars in reliance on Federal approvals;
(2) the regulatory uncertainty described in paragraph (1)--
(A) deters critical energy infrastructure
investment across all technologies; and
(B) undermines United States energy security and
economic competitiveness; and
(3) regulatory uncertainty and permitting delays increase
the cost of building energy and mineral infrastructure, which
raises the cost of living for American families and increases
power prices for homes and businesses.
SEC. 3. AMENDMENT TO ENERGY ACT OF 2020.
(a) In General.--The Energy Act of 2020 (division Z of the
Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat.
2418)) is amended by adding at the end the following:
``TITLE XII--FIGHTING FOR RELIABLE ENERGY AND ENDING DOUBT FOR OPEN
MARKETS
``Subtitle A--Definitions
``SEC. 12001. DEFINITIONS.
``In this title:
``(1) Agency.--The term `agency' has the meaning given the
term in section 551 of title 5, United States Code.
``(2) Authorization.--The term `authorization' means--
``(A) any license, permit, approval, finding,
determination, or administrative decision issued by an
agency; and
``(B) any interagency consultation that is
authorized or required to be conducted under Federal
law--
``(i) between or among--
``(I) agencies; and
``(II) in the case of any State
that chooses to participate in the
environmental review of a covered
energy project, 1 or more State
agencies; and
``(ii) in order to site, construct,
reconstruct, or commence operation of a covered
energy project.
``(3) Complex authorization.--The term `complex
authorization' means an authorization identified as a complex
authorization by a lead agency under section 12301(d).
``(4) Covered energy project.--The term `covered energy
project' means any activity carried out in the United States
that involves the construction of infrastructure--
``(A) to develop, produce, generate, store,
transport, or distribute energy;
``(B) to capture, remove, transport, or store
carbon dioxide; or
``(C) to mine, extract, beneficiate, or process
minerals.
``(5) Environmental document.--
``(A) In general.--The term `environmental
document' means--
``(i) an environmental assessment;
``(ii) a finding of no significant impact;
``(iii) a notice of intent;
``(iv) an environmental impact statement;
and
``(v) a record of decision.
``(B) Inclusions.--The term `environmental
document' includes any document that is--
``(i) a supplement to a document described
in subparagraph (A); or
``(ii)(I) related to a document described
in subparagraph (A); and
``(II) prepared pursuant to a court order.
``(6) Environmental impact statement.--The term
`environmental impact statement' means a detailed, written
statement required under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
``(7) Environmental review.--The term `environmental
review' means any agency procedure or process for--
``(A) applying a categorical exclusion (within the
meaning of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) (including regulations
promulgated pursuant to that Act)); or
``(B) preparing an environmental document under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(8) Lead agency.--The term `lead agency', with respect to
a covered energy project, means the agency with principal
responsibility for environmental review of the covered energy
project under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) (including regulations promulgated
pursuant to that Act).
``(9) Project sponsor.--The term `project sponsor' means a
private, public, or public-private entity seeking an
authorization for a covered energy project.
``(10) Reviewing court.--The term `reviewing court' means
the court in which a petition described in paragraph (1) of
section 12403(a) is filed, subject to paragraph (2)(B) of that
section.
``(11) Routine authorization.--The term `routine
authorization' means any authorization that is not a complex
authorization.
``Subtitle B--Federal Land Energy and Mineral Reforms
``SEC. 12101. ACCELERATING FEDERAL LAND RIGHTS-OF-WAY FOR CERTAIN
COVERED ENERGY PROJECTS.
``(a) Definition of Eligible Project.--In this section, the term
`eligible project' means a covered energy project for which the project
sponsor seeks a right-of-way under section 501 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1761).
``(b) Cost Recovery.--Not later than 30 days after the date on
which a project sponsor submits a complete application for a right-of-
way under section 501 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1761) for an eligible project, the Secretary of the
Interior or the Secretary of Agriculture, as applicable, shall issue a
cost recovery agreement relating to the eligible project, if a cost
recovery agreement is required under section 2804.14 of title 43, Code
of Federal Regulations (or a successor regulation), or section 251.58
of title 36, Code of Federal Regulations (or a successor regulation).
``(c) Low-Disturbance Activities for Eligible Projects.--
``(1) In general.--Not later than 180 days after the date
of enactment of this title, to facilitate timely permitting of
eligible projects, the Secretary of the Interior and the
Secretary of Agriculture each shall develop or adopt 1 or more
categorical exclusions, including allowing for extraordinary
circumstances under which the categorical exclusion shall not
be available, under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for low-disturbance activities
described in paragraph (2) that are necessary for eligible
projects.
``(2) Activities described.--Low-disturbance activities
referred to in paragraph (1) include the following:
``(A) An individual surface disturbance of less
than 5 acres for which a site-specific analysis has
previously been completed in an environmental document
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(B) An activity at a location at which the same
type of activity has previously occurred during the 5-
year period preceding the date of commencement of the
activity.
``(C) An activity on previously disturbed or
developed (as defined in section 1021.102(g)(1) of
title 10, Code of Federal Regulations (as in effect on
the date of enactment of this title) land that was
analyzed, in an approved land use plan or an
environmental document prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.)), as a reasonably foreseeable activity, subject
to the condition that the land use plan or
environmental document was approved during the 5-year
period preceding the date of commencement of the
activity.
``(D) Maintenance of a minor activity, other than
construction or major renovation, of a building or
facility.
``(E) A preliminary geotechnical investigation.
``(F) The construction or removal of a
meteorological evaluation tower.
``Subtitle C--De-Risking Compensation Program
``SEC. 12201. DEFINITIONS.
``In this subtitle:
``(1) Capital contribution.--The term `capital
contribution', with respect to a covered energy project, means
the sum of--
``(A) any amounts expended by the project sponsor
for the covered energy project; and
``(B) any amounts the project sponsor is obligated
to expend for the covered energy project under an
executed contract, binding commitment, or financing
agreement, including verifiable expenditures for
development, construction, permitting, and financing
costs directly related to the covered energy project.
The term `capital contribution' shall not include executive
compensation, bonuses, equity awards, general corporate
overhead, lobbying, public relations, dividends, or profit.
``(2) Court.--The term `Court' means the United States
Court of Federal Claims.
``(3) Program.--The term `Program' means the De-Risking
Compensation Program established by section 12202(a).
``(4) Secretary.--The term `Secretary' means the Secretary
of Energy.
``SEC. 12202. ESTABLISHMENT; PURPOSES.
``(a) Establishment.--There is established in the Department of
Energy a program, to be known as the `De-Risking Compensation Program',
to provide compensation to project sponsors of covered energy projects
that suffer unrecoverable losses due to an event described in section
12204(a), as determined by the Court in accordance with this subtitle.
``(b) Purposes.--The purposes of the Program are--
``(1) to reduce regulatory risks for energy infrastructure
developers;
``(2) to facilitate timely permitting and financing of
projects essential to United States energy security and
economic competitiveness; and
``(3) to provide compensation in cases in which an agency
action, inaction, or delay causes a covered energy project to
be cancelled, unviable, or subject to an unrecoverable loss.
``SEC. 12203. ENROLLMENT.
``(a) Eligibility.--A project sponsor shall be eligible to enroll
in the Program with respect to a covered energy project if the project
sponsor--
``(1) exercises control over the covered energy project;
and
``(2) submits to the Secretary an application under
subsection (b)--
``(A) after the submission of a notice of
initiation for the covered energy project under section
12301(a); but
``(B) not later than 90 days after the completed
notice date (as defined in section 12302(a)) of the
covered energy project.
``(b) Applications.--
``(1) In general.--A project sponsor seeking enrollment in
the Program shall submit to the Secretary an application, in
such form, in such manner, and containing such information as
the Secretary may require, subject to the condition that the
required information shall be only that necessary--
``(A) to verify the eligibility of the project
sponsor under subsection (a); and
``(B) to calculate the premium to be charged to the
project sponsor under subsection (d)(1).
``(2) Limitation.--The Secretary shall not accept an
application under this subsection relating to a covered energy
project that is submitted after the occurrence of an event
described in section 12204(a) with respect to the covered
energy project.
``(c) Determination by Secretary.--Not later than 90 days after the
date of receipt of an application under subsection (b), the Secretary
shall--
``(1) determine whether the application meets the
requirements of that subsection; and
``(2) on making--
``(A) a positive determination under paragraph (1),
enroll the project sponsor in the Program; or
``(B) a negative determination under paragraph (1),
deny enrollment in the Program.
``(d) Premiums and Fees.--
``(1) Annual premium.--
``(A) In general.--As a condition of enrollment in
the Program, a project sponsor shall pay to the
Secretary an annual premium in accordance with
subparagraph (B).
``(B) Amount.--
``(i) In general.--Subject to clause (ii),
the amount of the annual premium paid by a
project sponsor under subparagraph (A) shall be
equal to 1.5 percent of the capital
contribution of the project sponsor to the
covered energy project.
``(ii) Adjustment.--The Secretary may
increase the amount of a premium charged to a
project sponsor under clause (i) by not more
than 1.5 percentage points, as the Secretary
determines to be necessary to ensure the
solvency of the Program.
``(C) Deposit.--The Secretary shall deposit the
premiums collected pursuant to this paragraph in the
De-Risking Compensation Fund established by section
12205(a).
``(2) No enrollment fee.--No enrollment fee may be charged
for enrollment in the Program.
``(e) Administrative Record.--
``(1) In general.--For each covered energy project with
respect to which a project sponsor is enrolled in the Program,
the Secretary shall maintain an administrative record, which
shall consist of--
``(A) the application submitted by the project
sponsor under subsection (b); and
``(B) the premium payment history of the project
sponsor.
``(2) Certification.--Not later than 30 days after the date
of receipt of a request from a project sponsor enrolled in the
Program, the Secretary shall certify and submit to the Court
the administrative record maintained under paragraph (1) with
respect to the applicable covered energy project.
``SEC. 12204. COMPENSATION OF ENROLLED PROJECT SPONSORS.
``(a) Triggering Events.--A project sponsor enrolled in the Program
may receive from the Secretary compensation in accordance with this
section if the Court determines that the covered energy project of the
project sponsor has suffered an unrecoverable loss due to any of the
following events:
``(1) Revocation, cancellation, or vacatur of an
authorization.
``(2) Failure by an agency to issue a final decision
regarding an authorization by the applicable deadline under
subsection (b) or (c) of section 12302.
``(3) Failure by an agency to act on a remand, renewal, or
reapproval relating to the covered energy project by the date
that is 180 days after the date on which the agency received
the remand, renewal request, or reapproval request, as
applicable.
``(4) Failure by an agency to adhere to a deadline required
under another Federal law.
``(5) Inaction or unreasonable delay by an agency that--
``(A) causes the cancellation of the covered energy
project; or
``(B) renders the covered energy project
commercially unviable.
``(b) C