Accelerating renewable energy permitting

(a) Definitions In this section: (1) Eligible project The term eligible project has the meaning given the term in section 3101 of the Energy Act of 2020 (43 U.S.C. 3001) (as amended by subsection (d)). (2) Previously disturbed or developed The term previously disturbed or developed has the meaning given the term in section 1021.410(g)(1) of title 10, Code of Federal Regulations (as in effect on July 2, 2025). (b) Deadline for consideration of applications for rights-of-Way (1) Completeness of review (A) In general 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, the applicable Secretary shall— (i) notify the applicant that the application is complete; or (ii) 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. (B) Environmental impact statement For an eligible project 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). (2) Cost recovery and issuance or deferral (A) In general 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. (B) Decision 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— (i) 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 (ii) defer the decision on the application and provide to the applicant notice— (I) that specifies steps that the applicant can take for the decision on the application to be issued; and (II) 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. (c) Low disturbance activities for renewable energy projects (1) In general Not later than 180 days after the date of enactment of this Act, to facilitate timely permitting of eligible projects, the Secretary of the Interior and the Secretary of Agriculture shall each 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 necessary for renewable energy projects. (2) Activities described Low disturbance activities referred to in paragraph (1) are the following: (A) 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. (B) 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. (C) Activities on previously disturbed or developed 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. (D) The installation, modification, operation, or removal of commercially available solar photovoltaic systems located on— (i) a building or other structure (such as a rooftop, parking lot, or facility, or mounted to signage, lighting, gates, or fences); or (ii) previously disturbed or developed land comprising less than 10 acres. (E) Maintenance of a minor activity, other than any construction or major renovation, or a building or facility. (F) Preliminary geotechnical investigations. (G) The construction and removal of meteorological evaluation towers. (d) Definition of eligible project Paragraph (4) of section 3101 of the Energy Act of 2020 (43 U.S.C. 3001) is amended by inserting or store after generate. (e) Renewable energy project review standards Section 3102 of the Energy Act of 2020 (43 U.S.C. 3002) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: (f) Renewable energy project review standards Not later than 2 years after the date of enactment of the Bipartisan American Affordability and Jobs Act of 2026, for the purpose of encouraging standardized reviews and facilitating the permitting of eligible projects, the National Renewable Energy Coordination Office of the Bureau of Land Management shall promulgate renewable energy project review standards to be adopted by regional renewable energy coordination offices..