This bill, titled the "FREEDOM Act," seeks to address regulatory uncertainty and permitting delays that Congress finds deter critical energy infrastructure investment and increase costs. It amends the Energy Act of 2020 to establish a new framework for federal authorizations of covered energy projects, which include infrastructure for energy development, carbon capture, and mineral mining. Under the new framework, project sponsors must submit notices of initiation, after which lead agencies determine completeness and publish project schedules. These schedules include interim milestones and final decision dates, classifying authorizations as either routine (90-day deadline) or complex (1-year deadline). Complex authorizations encompass those requiring environmental impact statements, certain natural gas or power permits, or Endangered Species Act consultations. A key provision states that an agency's failure to meet these deadlines or milestones is considered an unlawfully withheld or unreasonably delayed action, making it subject to expedited judicial review. If an agency misses a deadline, a reviewing court may authorize the project sponsor to retain a qualified contractor to complete necessary analyses, with costs paid from a newly established Permitting Performance Fund . The bill also creates specific judicial review pathways for project sponsors to challenge final agency actions, agency failures to act, or the designation of an authorization as complex. Reviewing courts are mandated to establish expedited schedules for these cases and can grant relief such as setting aside arbitrary actions, remanding matters to agencies with strict deadlines, or compelling agency action. For fully permitted projects —those with a substantial majority of authorizations—the bill prohibits agencies from issuing orders to halt construction or operation, or revoking permits, unless there is clear, immediate, and substantiated harm with no other viable alternative, or the authorization is illegal and the action is the only remedy. Agencies are also prevented from seeking voluntary remand of authorizations for such projects without the project sponsor's consent. Beyond general energy projects, the bill includes specific provisions for mining and geothermal energy. For hardrock mining, it clarifies that proprietors of lode or placer claims can locate multiple mill site claims (up to 5 acres each) if reasonably necessary for operations. These mill sites do not convey mineral rights and are not eligible for patenting. A new Abandoned Hardrock Mine Fund is established, funded by claim maintenance fees from these mill sites, to be used for abandoned mine reclamation. For geothermal energy, the bill requires the Secretary of the Interior to process applications within 60 days of completing other legal requirements, even if civil actions are pending, unless a court intervenes. The Secretary is also authorized to recover costs from geothermal lease applicants for processing and inspection, with provisions for reducing fees in cases of economic hardship. Furthermore, the bill mandates the publication of an updated "Gold Book" to standardize procedures for efficient and environmentally responsible geothermal leasing and permitting, with periodic revisions. Finally, a Geothermal Ombudsman and a Geothermal Permitting Task Force are established within the Bureau of Land Management to act as liaisons, resolve disputes, monitor permit processing, and expedite authorizations. The bill also amends the Geothermal Steam Act to implement a tiered royalty structure for electricity produced from geothermal resources, starting at 1-2.5% for the first 10 years and increasing to 2-5% thereafter, and expands NEPA review provisions to explicitly include geothermal resources.
Read twice and referred to the Committee on Energy and Natural Resources.
Energy
FREEDOM Act
USA119th CongressS-4795| Senate
| Updated: 6/16/2026
This bill, titled the "FREEDOM Act," seeks to address regulatory uncertainty and permitting delays that Congress finds deter critical energy infrastructure investment and increase costs. It amends the Energy Act of 2020 to establish a new framework for federal authorizations of covered energy projects, which include infrastructure for energy development, carbon capture, and mineral mining. Under the new framework, project sponsors must submit notices of initiation, after which lead agencies determine completeness and publish project schedules. These schedules include interim milestones and final decision dates, classifying authorizations as either routine (90-day deadline) or complex (1-year deadline). Complex authorizations encompass those requiring environmental impact statements, certain natural gas or power permits, or Endangered Species Act consultations. A key provision states that an agency's failure to meet these deadlines or milestones is considered an unlawfully withheld or unreasonably delayed action, making it subject to expedited judicial review. If an agency misses a deadline, a reviewing court may authorize the project sponsor to retain a qualified contractor to complete necessary analyses, with costs paid from a newly established Permitting Performance Fund . The bill also creates specific judicial review pathways for project sponsors to challenge final agency actions, agency failures to act, or the designation of an authorization as complex. Reviewing courts are mandated to establish expedited schedules for these cases and can grant relief such as setting aside arbitrary actions, remanding matters to agencies with strict deadlines, or compelling agency action. For fully permitted projects —those with a substantial majority of authorizations—the bill prohibits agencies from issuing orders to halt construction or operation, or revoking permits, unless there is clear, immediate, and substantiated harm with no other viable alternative, or the authorization is illegal and the action is the only remedy. Agencies are also prevented from seeking voluntary remand of authorizations for such projects without the project sponsor's consent. Beyond general energy projects, the bill includes specific provisions for mining and geothermal energy. For hardrock mining, it clarifies that proprietors of lode or placer claims can locate multiple mill site claims (up to 5 acres each) if reasonably necessary for operations. These mill sites do not convey mineral rights and are not eligible for patenting. A new Abandoned Hardrock Mine Fund is established, funded by claim maintenance fees from these mill sites, to be used for abandoned mine reclamation. For geothermal energy, the bill requires the Secretary of the Interior to process applications within 60 days of completing other legal requirements, even if civil actions are pending, unless a court intervenes. The Secretary is also authorized to recover costs from geothermal lease applicants for processing and inspection, with provisions for reducing fees in cases of economic hardship. Furthermore, the bill mandates the publication of an updated "Gold Book" to standardize procedures for efficient and environmentally responsible geothermal leasing and permitting, with periodic revisions. Finally, a Geothermal Ombudsman and a Geothermal Permitting Task Force are established within the Bureau of Land Management to act as liaisons, resolve disputes, monitor permit processing, and expedite authorizations. The bill also amends the Geothermal Steam Act to implement a tiered royalty structure for electricity produced from geothermal resources, starting at 1-2.5% for the first 10 years and increasing to 2-5% thereafter, and expands NEPA review provisions to explicitly include geothermal resources.