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S 4795

FREEDOM Act

119th Congress Introduced by Tom Cotton and 1 co-sponsor

Establish enforceable federal timelines and expedited judicial review to reduce energy, mining, and geothermal permitting delays and protect fully permitted projects from halts.

Introduced in Senate
0
WeVote Research Nonpartisan
Bill Summary · S 4795

Overview

  • Bill: S. 4795 (106th page shows 119th Congress, June 16, 2026)
  • Title: FREEDOM Act — Fighting for Reliable Energy and Ending Doubt for Open Markets Act
  • Purpose: Amend the Energy Act of 2020 to establish enforceable federal authorization timelines, provide expedited judicial remedies, limit federal actions that halt fully permitted projects, and advance mining and geothermal energy provisions.

Main purpose and intent

  • Reduce regulatory uncertainty and delays in authorizing energy, mining, and geothermal projects.
  • Create formal timelines for federal agency reviews and decisions on energy projects.
  • Provide a judicial pathway to challenge unlawful delays or actions and to obtain relief.
  • Protect fully permitted projects from last-minute halts, with defined conditions.
  • Improve clarity and efficiency in mining and geothermal permitting processes.

Key provisions and changes

Title I — Amendment to Energy Act of 2020 (FREEDOM Act)

  • Establishes a new Title XII within the Energy Act of 2020 with definitions and procedures:
    • Definitions:
    • Agency, Authorization, Complex Authorization, Covered Energy Project, Environmental Document, Environmental Impact Statement, Environmental Review, Lead Agency, Project Sponsor, Reviewing Court, Routine Authorization.
    • Subtitle A — Authorization Timelines
    • Notices of Initiation for Covered Energy Projects: Project sponsors must file notices detailing project aims, location, and anticipated authorizations.
    • Determination of Completeness: Lead agencies decide completeness within 30 days; if incomplete, deficiency statements are issued and remedies outlined.
    • Project Schedule: Lead agencies publish a schedule within 30 days after completion, listing all anticipated authorizations (routine vs. complex) and participating agencies; identify milestones and final decision dates.
    • Identification of Authorizations: Each authorization is categorized as routine or complex; complex authorizations have predefined triggers (listed in the bill) and may require interagency consultations.
    • Deadlines: Final agency decisions for routine authorizations within 90 days after completed notice; complex authorizations within 1 year, with possible extensions tied to environmental impact statements (EIS) or court-ordered extensions.
    • Extensions: If an EIS is being prepared, deadlines extend to 2 years after the completed notice date.
    • Earlier deadlines: If another federal law requires earlier action, the earlier deadline must be met.
    • Remedies for missed deadlines: Missing deadlines is treated as unlawful withholding or unreasonable delay, subject to court review.
    • Subtitle B — Judicial Review
    • Causes of Action: Project sponsors can seek review for final agency actions, unlawful withholding/delays, and complex authorization designations.
    • Petition Requirements: Detailed documentation and records must be filed; definition of who must be named as respondents (lead agency heads or the relevant agency).
    • Review by Courts: Standard of review follows the Administrative Procedure Act (APA) with an administrative record; limited discovery; expedited procedures.
    • Relief: Courts can order relief, including setting deadlines, remanding actions to agencies, or issuing orders to compel agency action; jurisdiction retained by the court.
    • Appeals: Right to appeal to a federal court of appeals, with a 60-day notice requirement.
    • Subtitle C — Fully Permitted Projects
    • Definition: A fully permitted project has received a substantial majority of required authorizations.
    • Protections: No agency may halt, suspend, revoke, or terminate a fully permitted project unless there is clear, immediate harm or illegality with no viable alternative remedy.
    • Petitions: Agencies may not seek voluntary remand of an authorization for a fully permitted project without the project sponsor’s consent; in-camera review allowed if needed.
  • Effective Date: Applies to notices of initiation submitted 90 days after enactment; pending projects have transitional provisions (notices deemed complete after 120 days).

Title II — Mining Regulatory Clarity

  • Hardrock mining mill sites (amendments to 30 U.S.C. 42):
    • Allows additional mill sites on public land to support mineral development.
    • Specifies limits (up to 5 acres per mill site); protects mineral rights and mining claims; clarifies that mill sites do not convey mineral rights or patent rights.
    • Maintains existing mining rights and ensures compatibility with other mining laws and withdrawals.

Title III — Geothermal Energy Advancement

  • Pending civil actions on geothermal leasing:
    • Requires timely processing of geothermal leasing applications and related authorizations, with a 60-day target for agency decisions after completing required procedures.
    • No new authority for federal courts to vacate existing geothermal rights beyond current authority.
  • Cost recovery for geothermal leasing and permitting:
    • Allows the Secretary to require reimbursements from applicants for processing and monitoring costs, with consideration for cooperative cost-sharing and potential reductions for hardship or to promote resource use.
    • Recovered amounts credited to existing Interior appropriations as discretionary offsets.
  • Gold Book for Geothermal Operations:
    • Update and publish an updated Gold Book (guidelines for efficient geothermal leasing and permitting) within set timelines; rename as appropriate.
    • Establish periodic reviews (every 5 years) and incorporate standard procedures for efficient environmental compliance.
  • Geothermal Ombudsman and Permitting Task Force:
    • Creates a Geothermal Ombudsman to resolve disputes and oversee timelines; establishes a Geothermal Permitting Task Force to support expedited processing and cross-office coordination.
    • Allows cross-office personnel assignments to assist with geothermal authorizations, with retention allowances to attract/retain experts.
  • Geothermal Royalties:
    • Introduces royalties on electricity produced from geothermal resources, scaling from 1-2.5% of gross proceeds in the first decade, and 2-5% thereafter; adjusts definitions to support geothermal electric facilities and treatment of facilities with shared equipment.
  • National Policy Reference: NEPA review alignment referenced (section 390 of the Energy Policy Act).

Who would be affected

  • Project sponsors seeking energy, mining, or geothermal authorizations.
  • Federal agencies involved in environmental reviews and permitting.
  • Lead agencies designated for covered energy projects, and cooperating state/local agencies.
  • Private, public, and public-private project sponsors in energy, mining, and geothermal sectors.
  • Geothermal operators, geothermal lease applicants, and existing lease holders.
  • Geothermal industry stakeholders, and Interior Department field offices.
  • taxpayers and the government through the Permitting Performance Fund and cost-recovery provisions.

Procedural and timeline aspects

  • Clear initiation and completeness deadlines (30 days; 90 days for routine approvals; 1 year for complex approvals).
  • Extensions tied to EIS timelines (up to 2 years).
  • Expedited judicial review with an “expedited procedure” and time-bound relief, plus a single-petition rule.
  • Transitional provisions for projects with pending notices; applicability dates set relative to enactment.
  • Establishment of new funds and cost-recovery mechanisms to support streamlined permitting.

Note: This summary captures the bill’s substantive elements and potential impacts based on the text provided. For precise legislative drafting, committee reports, or fiscal implications, refer to the official bill language and accompanying analyses.

Compiled from official sources — confirm details with the bill’s official record.

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