FREEDOM Act
- Bill Number
- S. 4795
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Energy
- Status
- Introduced
- Latest Action
- 2026-06-16: Read twice and referred to the Committee on Energy and Natural Resources.
- Last Updated
- 2026-06-25T14:12:40Z
AI-Generated Summary
Purpose The FREEDOM Act amends the Energy Act of 2020 and related statutes to establish enforceable federal authorization timelines for energy and mineral projects, create expedited judicial remedies for delays, restrict federal actions that halt fully permitted projects, and introduce targeted regulatory clarifications for hardrock mining and geothermal energy development.
Key Provisions
- Authorization Timelines (Title I, Subtitle A): Project sponsors submit notices of initiation; lead agencies must publish project schedules within 30 days and classify authorizations as routine (90-day deadline) or complex (1-year deadline). Environmental impact statements extend the deadline to 2 years. Missed deadlines are treated as agency inaction under the Administrative Procedure Act.
- Judicial Review (Title I, Subtitle B): Project sponsors may file a single petition for review of final actions, unreasonable delays, or complex-authorization designations. Courts must use expedited procedures and may compel agency action, set new deadlines, or order contractor assistance paid from a new Permitting Performance Fund.
- Fully Permitted Projects (Title I, Subtitle C): Agencies may not revoke permits or halt activities for projects with a substantial majority of required authorizations unless there is clear, immediate harm or the authorization is illegal and no other remedy exists.
- Hardrock Mining (Title II): Amends mill-site rules to allow multiple sites (up to 5 acres each) for waste disposal and operations under an approved plan; creates an Abandoned Hardrock Mine Fund financed by claim-maintenance fees on new mill sites.
- Geothermal Energy (Title III): Requires processing of applications within 60 days despite pending civil actions (unless a court intervenes); authorizes cost recovery for leasing and inspections through 2033; directs updates to the Gold Book guidelines; establishes a Geothermal Ombudsman and Permitting Task Force; adjusts royalties to 1–2.5% for the first 10 years and 2–5% thereafter; extends NEPA categorical exclusions to geothermal exploration and development.
Significant Changes to Existing Law
- Adds Title XII to the Energy Act of 2020, creating new statutory deadlines and remedies that override general Administrative Procedure Act standards in many cases.
- Expands mill-site authority under Revised Statutes section 2337 beyond prior limits.
- Modifies the Geothermal Steam Act to allow continued processing during litigation and to restructure royalties.
- Extends Energy Policy Act of 2005 NEPA exclusions to geothermal projects.
- Establishes a dedicated fund and contractor mechanism for court-ordered work when agencies miss deadlines.
Potential Impacts
- Government Agencies: Requires faster interagency coordination and record compilation; exposes agencies to more frequent litigation and possible court-appointed contractors; may shift workload to lead agencies and the new Ombudsman/Task Force.
- Citizens and Economy: Aims to reduce project delays and costs, potentially lowering energy prices and supporting domestic mineral supply.
- International Relations: Intended to strengthen U.S. energy security and competitiveness by accelerating infrastructure development.
Main Stakeholders Affected
- Private energy and mining project sponsors.
- Federal agencies (especially Bureau of Land Management and other lead agencies).
- State, tribal, and local cooperating agencies.
- Geothermal and hardrock mining industries.
- Courts handling expedited permitting disputes.
Notable Legal, Constitutional, or Political Implications
- Creates new statutory causes of action and remedies under the Administrative Procedure Act while preserving Fifth Amendment takings claims.
- Limits agency discretion to revoke permits once substantial authorizations are obtained.
- Mandates expedited judicial review and retains court jurisdiction to enforce compliance orders.
- Introduces cost-recovery and royalty adjustments that alter existing fiscal arrangements for geothermal development.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Sen. Cortez Masto, Catherine [D-NV]
Recent Actions
- 2026-06-16: Read twice and referred to the Committee on Energy and Natural Resources.
- 2026-06-16: Introduced in Senate
Bill Versions
- Fighting for Reliable Energy and Ending Doubt for Open Markets Act — issued 2026-06-16 — PDF (68 pages)