Federal Permitting Improvement Act of 2013 - Establishes the Federal Permitting Improvement Council to be chaired by a Federal Chief Permitting Officer (Federal CPO) who is an officer of the Office of Management and Budget (OMB).
Requires the Federal CPO to: (1) establish an inventory of covered projects for which the review or authorization of the head of any federal agency is pending, (2) develop nonbinding performance schedules for reviews and authorizations of each category of covered projects, and (3) maintain an online database, to be known as the Permitting Dashboard, to track the status of federal reviews and authorizations for any covered project. Defines "covered project" as any construction activity that requires authorization or review by a federal agency and that: (1) involves renewable or conventional energy production, electricity transmission, surface transportation, aviation, ports and waterways, water resource projects, broadband, manufacturing, or any other sector as determined by the Federal CPO; and (2) is likely to require an initial investment of more than $25 million.
Requires an agency with principal responsibility for review and authorization of a covered project (lead agency) to establish: (1) a plan for coordinating public and agency participation in, and completion of, any required federal review and authorization for a covered project and submit such plan to the Federal CPO; (2) a permitting timetable that includes intermediate and final deadlines for agency action on any federal review or authorization required for a project; and (3) a process for consultation with participating agencies early in the approval process to identify and address key issues of concern.
Grants the consent of Congress for three or more contiguous states to enter into an interstate compact establishing regional infrastructure development agencies to facilitate authorization and review of covered projects.
Requires agencies to complete environmental reviews required under the National Environmental Policy Act of 1969 for covered projects in a timely, coordinated, and environmentally responsible manner.
Reduces the statute of limitations for judicial review of any authorization issued by an agency for a covered project from 6 years to 150 days after a notice is published in the Federal Register that authorization for a covered project is final. Requires a court, in issuing injunctive relief, to consider the potential for significant job losses or other economic harm from an order or injunction.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1397 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1397
To improve the efficiency, management, and interagency coordination of
the Federal permitting process through reforms overseen by the Director
of the Office of Management and Budget, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2013
Mr. Portman (for himself, Mrs. McCaskill, Mr. Donnelly, Mr. Enzi, and
Mr. Barrasso) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To improve the efficiency, management, and interagency coordination of
the Federal permitting process through reforms overseen by the Director
of the Office of Management and Budget, 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 ``Federal Permitting Improvement Act
of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Agency cpo.--The term ``agency CPO'' means the chief
permitting officer of an agency designated by the head of the
agency under section 3(b)(2)(A)(i).
(3) Authorization.--The term ``authorization'' means--
(A) any license, permit, approval, or other
administrative decision required or authorized to be
issued by an agency with respect to the siting,
construction, reconstruction, or commencement of
operations of a covered project under Federal law,
whether administered by a Federal or State agency; or
(B) any determination or finding required to be
issued by an agency--
(i) as a precondition to an authorization
described under paragraph (A); or
(ii) before an applicant may take a
particular action with respect to the siting,
construction, reconstruction, or commencement
of operations of a covered project under
Federal law, whether administered by a Federal
or State agency.
(4) Council.--The term ``Council'' means the Federal
Infrastructure Permitting Improvement Council established by
section 3(a).
(5) Covered project.--
(A) In general.--The term ``covered project'' means
any construction activity in the United States that
requires authorization or review by a Federal agency--
(i) involving renewable or conventional
energy production, electricity transmission,
surface transportation, aviation, ports and
waterways, water resource projects, broadband,
pipelines, manufacturing, or any other sector
as determined by the Federal CPO; and
(ii) that is likely to require an initial
investment of more than $25,000,000, as
determined by the Federal CPO.
(B) Exclusion.--The term ``covered project'' does
not include any project subject to section 101(b)(4) of
title 23, United States Code.
(6) Dashboard.--The term ``Dashboard'' means the Permitting
Dashboard required by section 4(b).
(7) Environmental assessment.--The term ``environmental
assessment'' means a concise public document for which a
Federal agency is responsible that serves--
(A) to briefly provide sufficient evidence and
analysis for determining whether to prepare an
environmental impact statement or a finding of no
significant impact;
(B) to aid in the compliance of the agency with
NEPA if an environmental impact statement is not
necessary; and
(C) to facilitate preparation of an environmental
impact statement, if an environmental impact statement
is necessary.
(8) Environmental document.--The term ``environmental
document'' means an environmental assessment or environmental
impact statement.
(9) Environmental impact statement.--The term
``environmental impact statement'' means the detailed statement
of significant environmental impacts required to be prepared
under NEPA.
(10) Environmental review.--The term ``environmental
review'' means the agency procedures for preparing an
environmental impact statement, environmental assessment,
categorical exclusion, or other document required under NEPA.
(11) Federal cpo.--The term ``Federal CPO'' means the
Federal Chief Permitting Officer appointed by the President
under section 3(b)(1).
(12) Inventory.--The term ``inventory'' means the inventory
of covered projects established by the Federal CPO under
section 3(c)(1)(A).
(13) Lead agency.--The term ``lead agency'' means the
agency with principal responsibility for review and
authorization of a covered project, as determined under section
3(c)(1)(B).
(14) NEPA.--The term ``NEPA'' means the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(15) Participating agency.--The term ``participating
agency'' means any agency participating in reviews or
authorizations for a particular covered project in accordance
with section 4.
(16) Project sponsor.--The term ``project sponsor'' means
the entity, including any private, public, or public-private
entity, that seeks approval for a project.
SEC. 3. FEDERAL PERMITTING IMPROVEMENT COUNCIL.
(a) Establishment.--There is established the Federal Permitting
Improvement Council.
(b) Composition.--
(1) Chair.--The President shall appoint an officer of the
Office of Management and Budget as the Federal Chief Permitting
Officer to serve as Chair of the Council, by and with the
advice and consent of the Senate.
(2) Chief permitting officers.--
(A) In general.--
(i) Designation by head of agency.--Each
individual listed in subparagraph (B) shall
designate a member of the agency in which the
individual serves to serve as the agency CPO.
(ii) Qualifications.--The agency CPO
described in clause (i) shall hold a position
in the agency of the equivalent of a deputy
secretary or higher.
(iii) Membership.--Each agency CPO
described in clause (i) shall serve on the
Council.
(B) Heads of agencies.--The individuals that shall
each designate an agency CPO under this subparagraph
are as follows:
(i) The Secretary of Agriculture.
(ii) The Secretary of Commerce.
(iii) The Secretary of the Interior.
(iv) The Secretary of Energy.
(v) The Secretary of Transportation.
(vi) The Secretary of Defense.
(vii) The Administrator of the
Environmental Protection Agency.
(viii) The Chairman of the Federal Energy
Regulatory Commission.
(ix) The Chairman of the Nuclear Regulatory
Commission.
(x) The Chairman of the Advisory Council on
Historic Preservation.
(xi) Any other head of a Federal agency
that the Federal CPO may invite to participate
as a member of the Council.
(3) Chairman of the council on environmental quality.--In
addition to the members listed in paragraphs (1) and (2), the
Chairman of the Council on Environmental Quality shall also be
a member of the Council.
(c) Duties.--
(1) Federal cpo.--
(A) Inventory development.--The Federal CPO, in
consultation with the members of the Council, shall--
(i) not later than 3 months after the date
of enactment of this Act, establish an
inventory of covered projects that are pending
the review or authorization of the head of any
Federal agency;
(ii)(I) categorize the projects in the
inventory as appropriate based on the project
type; and
(II) for each category, identify the types
of reviews and authorizations most commonly
involved; and
(iii) add covered projects to the inventory
after the Federal CPO receives a notice
described in section 4(a)(1).
(B) Lead agency designation.--The Federal CPO, in
consultation with the Council, shall--
(i) designate a lead agency for each
category of covered projects described in
subparagraph (A)(ii); and
(ii) publish on an Internet website the
designations and categories in an easily
accessible format.
(C) Performance schedules.--
(i) In general.--The Federal CPO, in
consultation with the Council, shall develop
nonbinding performance schedules, including
intermediate and final deadlines, for reviews
and authorizations for each category of covered
projects described in subparagraph (A)(ii).
(ii) Requirements.--
(I) In general.--The performance
schedules shall reflect employment of
the use of the most efficient
applicable processes.
(II) Limit.--The final deadline for
completion of any review or
authorization contained in the
performance schedules shall not be
later than 180 days after the date on
which the completed application or
request is filed.
(iii) Review and revision.--Not later than
2 years after the date on which the performance
schedules are established under this
subparagraph, and not less frequently than once
every 2 years thereafter, the Federal CPO, in
consultation with the Council, shall review and
revise the performance schedules.
(D) Guidance.--The Federal CPO may issue circulars,
bulletins, guidelines, and other similar directives as
necessary to carry out responsibilities under this Act
and to effectuate the adoption by agencies of the best
practices and recommendations of the Council described
in paragraph (2).
(2) Council.--
(A) Recommendations.--
(i) In general.--The Council shall make
recommendations to the Federal CPO with respect
to the designations under paragraph (1)(B) and
the performance schedules under paragraph
(1)(C).
(ii) Update.--The Council may update the
recommendations described in clause (i).
(B) Best practices.--Not later than 1 year after
the date of enactment of this Act, and at least
annually thereafter, the Council shall issue
recommendations on the best practices for--
(i) early stakeholder engagement, including
fully considering and, as appropriate,
incorporating recommendations provided in
public comments on any proposed covered
project;
(ii) assuring timeliness of permitting and
review decisions;
(iii) coordination between Federal and non-
Federal governmental entities;
(iv) transparency;
(v) reduction of information collection
requirements and other administrative burdens
on agencies, project sponsors, and other
interested parties;
(vi) evaluating lead agencies and
participating agencies under this Act; and
(vii) other aspects of infrastructure
permitting, as determined by the Council.
SEC. 4. PERMITTING PROCESS IMPROVEMENT.
(a) Project Initiation and Designation of Participating Agencies.--
(1) Notice.--
(A) In general.--A project sponsor shall provide
the Federal CPO and the lead agency notice of the
initiation of a proposed covered project.
(B) Contents.--Each notice described in
subparagraph (A) shall include--
(i) a description, including the general
location, of the proposed project;
(ii) a statement of any Federal
authorization or review anticipated to be
required for the proposed project; and
(iii) an assessment of the reasons why the
proposed project meets the definition of a
covered project in section 2.
(2) Invitation.--
(A) In general.--Not later than 45 days after the
date on which a lead agency receives the notice under
paragraph (1), the lead agency shall--
(i) identify another agency that may have
an interest in the proposed project; and
(ii) invite the agency to become a
participating agency in the permitting
management process and in the environmental
review process described in section 6.
(B) Deadlines.--Each invitation made under
subparagraph (A) shall include a deadline for a
response to be submitted to the lead agency.
(3) Participating agencies.--An agency invited under
paragraph (2) shall be designated as a participating agency for
a covered project, unless the agency informs the lead agency in
writing before the deadline described in paragraph (2)(B) that
the agency--
(A) has no jurisdiction or authority with respect
to the proposed project; or
(B) does not intend to exercise authority related
to, or submit comments on, the proposed project.
(4) Effect of designation.--The designation described in
paragraph (3) shall not give the participating agency
jurisdiction over the proposed project.
(5) Change of lead agency.--
(A) In general.--On the request of a lead agency,
participating agency, or project sponsor, the Federal
CPO may designate a different agency as the lead agency
for a covered project if the Federal CPO receives new
information regarding the scope or nature of a covered
project that indicates that the project should be
placed in a different category under section
3(c)(1)(B).
(B) Resolution of dispute.--Any dispute over
designation of a lead agency for a particular covered
project shall be resolved by the Federal CPO.
(b) Permitting Dashboard.--
(1) Requirement to maintain.--
(A) In general.--The Federal CPO, in coordination
with the Administrator of General Services, shall
maintain an online database to be known as the
``Permitting Dashboard'' to track the status of Federal
reviews and authorizations for any covered project in
the inventory.
(B) Specific and searchable entry.--The Dashboard
shall include a specific and searchable entry for each
project.
(2) Additions.--Not later than 7 days after the date on
which the Federal CPO receives a notice under subsection
(a)(1), the Federal CPO shall create a specific entry on the
Dashboard for the project, unless the Federal CPO or lead
agency determines that the project is not a covered project.
(3) Submissions by agencies.--The lead agency and each
participating agency shall submit to the Federal CPO for
posting on the Dashboard for each covered project--
(A) any application and any supporting document
submitted by a project sponsor for any required Federal
review or authorization for the project;
(B) not later than 2 business days after the date
on which any agency action or decision that materially
affects the status of the project is made, a
description, including significant supporting
documents, of the agency action or decision; and
(C) the status of any litigation to which the
agency is a party that is directly related to the
project, including, if practicable, any judicial
document made available on an electronic docket
maintained by a Federal, State, or local court.
(4) Postings by the federal cpo.--The Federal CPO shall
post on the Dashboard an entry for each covered project that
includes--
(A) the information submitted under paragraph
(3)(A) not later than 2 days after the date on which
the Federal CPO receives the information;
(B) a permitting timetable approved by the Federal
CPO under subsection (c)(2)(C);
(C) the status of the compliance of each
participating agency with the permitting timetable;
(D) any modifications of the permitting timetable;
and
(E) an explanation of each modification described
in subparagraph (D).
(c) Coordination and Timetables.--
(1) Coordination plan.--
(A) In general.--Not later than 60 days after the
date on which the lead agency receives a notice under
subsection (a)(1), the lead agency, in consultation
with each participating agency, shall establish a
concise plan for coordinating public and agency
participation in, and completion of, any required
Federal review and authorization for the project.
(B) Memorandum of understanding.--The lead agency
may incorporate the coordination plan described in
subparagraph (A) into a memorandum of understanding.
(2) Permitting timetable.--
(A) Establishment.--As part of the coordination
plan required by paragraph (1), the lead agency, in
consultation with each participating agency, the
project sponsor, and the State in which the project is
located, shall establish a permitting timetable that
includes intermediate and final deadlines for action by
each participating agency on any Federal review or
authorization required for the project.
(B) Factors for consideration.--In establishing the
permitting timetable under subparagraph (A), the lead
agency shall follow the performance schedules
established under section 3(c)(1)(C), but may vary the
timetable based on relevant factors, including--
(i) the size and complexity of the covered
project;
(ii) the resources available to each
participating agency;
(iii) the regional or national economic
significance of the project;
(iv) the sensitivity of the natural or
historic resources that may be affected by the
project; and
(v) the extent to which similar projects in
geographic proximity to the project were
recently subject to environmental review or
similar procedures under State law.
(C) Approval by the federal cpo.--
(i) Requirement to submit.--The lead agency
shall promptly submit to the Federal CPO a
permitting timetable established under
subparagraph (A) for review.
(ii) Revision and approval.--
(I) In general.--The Federal CPO,
after consultation with the lead
agency, may revise the permitting
timetable if the Federal CPO determines
that the timetable deviates without
reasonable justification from the
performance schedule established under
section 3(c)(1)(C).
(II) No revision by federal cpo
within 7 days.--If the Federal CPO does
not revise the permitting timetable
earlier than the date that is 7 days
after the date on which the lead agency
submits to the Federal CPO the
permitting timetable, the permitting
timetable shall be approved by the
Federal CPO.
(D) Modification after approval.--The lead agency
may modify a permitting timetable established under
subparagraph (A) for good cause only if--
(i) the lead agency and the affected
participating agency agree to a different
deadline;
(ii) the lead agency or the affected
participating agency provides a written
explanation of the justification for the
modification; and
(iii) the lead agency submits to the
Federal CPO a modification, which the Federal
CPO may revise or disapprove.
(E) Consistency with other time periods.--A
permitting timetable established under subparagraph (A)
shall be consistent with any other relevant time
periods established under Federal law.
(F) Compliance.--
(i) In general.--Each Federal participating
agency shall comply with the deadlines set
forth in the permitting timetable approved
under subparagraph (C), or with any deadline
modified under subparagraph (D).
(ii) Failure to comply.--If a Federal
participating agency fails to comply with a
deadline for agency action on a covered
project, the head of the participating agency
shall--
(I) promptly report to the Federal
CPO for posting on the Dashboard an
explanation of any specific reason for
failing to meet the deadline and a
proposal for an alternative deadline;
and
(II) report to the Federal CPO for
posting on the Dashboard a monthly
status report describing any agency
activity related to the project until
the agency has taken final action on
the delayed authorization or review.
(3) Cooperating state, local, or tribal governments.--
(A) In general.--To the maximum extent practicable
under applicable Federal law, the lead agency shall
coordinate the Federal review and authorization process
under this subsection with any State, local, or tribal
agency responsible for conducting any separate review
or authorization of the covered project to ensure
timely and efficient review and permitting decisions.
(B) Memorandum of understanding.--
(i) In general.--Any coordination plan
between the lead agency and any State, local,
or tribal agency shall, to the maximum extent
practicable, be included in a memorandum of
understanding.
(ii) Submission to federal cpo.--A lead
agency shall submit to the Federal CPO each
memorandum of understanding described in clause
(i).
(iii) Post to dashboard.--The Federal CPO
shall post to the Dashboard each memorandum of
understanding submitted under clause (ii).
(d) Early Consultation.--The lead agency shall provide an
expeditious process for project sponsors to confer with each
participating agency involved and to have each participating agency
determine and communicate to the project sponsor, not later than 60
days after the date on which the project sponsor submits a request,
information concerning--
(1) the likelihood of approval for a potential covered
project; and
(2) key issues of concern to each participating agency and
to the public.
(e) Cooperating Agency.--
(1) In general.--A lead agency may designate a
participating agency as a cooperating agency in accordance with
part 1501 of title 40, Code of Federal Regulations (or
successor regulations).
(2) Effect on other designation.--The designation described
in paragraph (1) shall not affect any designation under
subsection (a)(3).
(3) Limitation on designation.--Any agency not designated
as a participating agency under subsection (a)(3) shall not be
designated as a cooperating agency under paragraph (1).
SEC. 5. INTERSTATE COMPACTS.
The consent of Congress is given for 3 or more contiguous States to
enter into an interstate compact establishing regional infrastructure
development agencies to facilitate authorization and review of covered
projects, under State law or in the exercise of delegated permitting
authority described under section 7, that will advance infrastructure
development, production, and generation within the States that are
parties to the compact.
SEC. 6. COORDINATION OF REQUIRED REVIEWS.
(a) Concurrent Reviews.--Each agency shall, to the greatest extent
permitted by law--
(1) carry out the obligations of the agency under other
applicable law concurrently, and in conjunction with other
reviews being conducted by other participating agencies,
including environmental reviews required under NEPA, unless
doing so would impair the ability of the agency to carry out
statutory obligations; and
(2) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure completion
of the environmental review process in a timely, coordinated,
and environmentally responsible manner.
(b) Adoption and Use of Documents.--
(1) State environmental documents; supplemental
documents.--
(A) Use of existing documents.--On the request of a
project sponsor, a lead agency shall consider and, as
appropriate, adopt or incorporate, a document that has
been prepared for a project under State laws and
procedures as the environmental impact statement or
environmental assessment for the project if the State
laws and procedures under which the document was
prepared provide, as determined by the lead agency in
consultation with the Council on Environmental Quality,
environmental protection and opportunities for public
participation that are substantially equivalent to
NEPA.
(B) NEPA obligations.--An environmental document
adopted under subparagraph (A) may serve as, or
supplement, an environmental impact statement or
environmental assessment required to be prepared by a
lead agency under NEPA.
(C) Supplemental document.--In the case of an
environmental document described in subparagraph (A),
during the period after preparation of the document and
prior to the adoption of the document by the lead
agency, the lead agency shall prepare and publish a
supplemental document to the document if the lead
agency determines that--
(i) a significant change has been made to
the project that is relevant for purposes of
environmental review of the project; or
(ii) there have been significant changes in
circumstances or availability of information
relevant to the environmental review for the
project.
(D) Comments.--If a lead agency prepares and
publishes a supplemental document under subparagraph
(C), the lead agency may solicit comments from other
agencies and the public on the supplemental document
for a period of not more than 30 days beginning on the
date on which the supplemental document is published.
(E) Record of decision.--A lead agency shall issue
a record of decision or finding of no significant
impact, as appropriate, based on the document adopted
under subparagraph (A) and any supplemental document
prepared under subparagraph (C).
(c) Alternatives Analysis.--
(1) Participation.--As early as practicable during the
environmental review, but not later than the commencement of
scoping for a project requiring the preparation of an
environmental impact statement, the lead agency shall provide
an opportunity for the involvement of cooperating agencies in
determining the range of alternatives to be considered for a
project.
(2) Range of alternatives.--Following participation under
paragraph (1), the lead agency shall determine the range of
alternatives for consideration in any document that the lead
agency is responsible for preparing for the project.
(3) Methodologies.--The lead agency shall determine, in
collaboration with each cooperating agency at appropriate times
during the environmental review, the methodologies to be used
and the level of detail required in the analysis of each
alternative for a project.
(4) Preferred alternative.--At the discretion of the lead
agency, the preferred alternative for a project, after being
identified, may be developed to a higher level of detail than
other alternatives to facilitate the development of mitigation
measures or concurrent compliance with other applicable laws if
the lead agency determines that the development of the higher
level of detail will not prevent--
(A) the lead agency from making an impartial
decision as to whether to accept another alternative
that is being considered in the environmental review;
and
(B) the public from commenting on the preferred and
other alternatives
(d) Environmental Review Comments.--
(1) Comments on draft environmental impact statement.--For
comments by an agency or the public on a draft environmental
impact statement, the lead agency shall establish a comment
period of not more than 60 days after the date on which a
notice announcing availability of the environmental impact
statement is published in the Federal Register, unless--
(A) the lead agency, the project sponsor, and each
participating agency agree to a different deadline; or
(B) the deadline is extended by the lead agency for
good cause.
(2) Other comments.--For all other comment periods for
agency or public comments in the environmental review process,
the lead agency shall establish a comment period of not later
than 30 days after the date on which the materials on which
comment is requested are made available, unless--
(A) the lead agency, the project sponsor, and each
participating agency agree to a different deadline; or
(B) the lead agency modifies the deadline for good
cause.
(e) Issue Identification and Resolution.--
(1) Cooperation.--The lead agency and each participating
agency shall work cooperatively in accordance with this section
to identify and resolve issues that could delay completion of
the environmental review or could result in denial of any
approval required for the project under applicable laws.
(2) Lead agency responsibilities.--
(A) In general.--The lead agency shall make
information available to each participating agency as
early as practicable in the environmental review
regarding the environmental, historic, and
socioeconomic resources located within the project area
and the general locations of the alternatives under
consideration.
(B) Sources of information.--The information
described in subparagraph (A) may be based on existing
data sources, including geographic information systems
mapping.
(3) Participating agency responsibilities.--Based on
information received from the lead agency under paragraph (2),
each participating agency shall identify, as early as
practicable, any issues of concern, including any issues that
could substantially delay or prevent an agency from granting a
permit or other approval needed for the project, regarding any
potential environmental, historic, or socioeconomic impacts of
the project.
(f) Categories of Projects.--The authorities granted under this
section may be exercised for an individual project or a category of
projects.
SEC. 7. DELEGATED STATE PERMITTING PROGRAMS.
If a Federal statute permits a State to be delegated or otherwise
authorized by a Federal agency to issue or otherwise administer a
permit program in lieu of the Federal agency, each member of the
Council shall--
(1) on publication by the Council of best practices under
section 3(c)(2)(B), initiate a process, with public
participation, to determine whether and the extent to which any
of the best practices are applicable to permitting under the
statute; and
(2) not later than 2 years after the date of enactment of
this Act, make recommendations for State modifications of the
permit program to reflect the best practices described in
section (3)(c)(2)(B), as appropriate.
SEC. 8. LITIGATION, JUDICIAL REVIEW, AND SAVINGS PROVISION.
(a) Limitations on Claims.--
(1) In general.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial review
of any authorization issued by a Federal agency for a covered
project shall be barred unless--
(A) the action is filed not later than 150 days
after the date on which a notice is published in the
Federal Register that the authorization is final
pursuant to the law under which the agency action is
taken, unless a shorter time is specified in the
Federal law under which judicial review is allowed; and
(B) in the case of an action pertaining to an
environmental review conducted under NEPA--
(i) the action is filed by a party that
submitted a comment during the environmental
review on the issue on which the party seeks
judicial review; and
(ii) the comment was sufficiently detailed
to put the lead agency on notice of the issue
on which the party seeks judicial review.
(2) New information.--
(A) In general.--The head of a lead agency or
participating agency shall consider new information
received after the close of a comment period if the
information satisfies the requirements under
regulations implementing NEPA.
(B) Supplemental environmental impact statement.--
If the preparation of a supplemental environmental
impact statement is required, the preparation of the
supplemental environmental impact statement shall be
considered a separate final agency action and the
deadline for filing a claim for judicial review of the
agency action shall be 150 days after the date on which
a notice announcing the agency action is published in
the Federal Register.
(3) Rule of construction.--Nothing in this subsection
creates a right to judicial review or places any limit on
filing a claim that a person has violated the terms of an
authorization.
(b) Preliminary Injunctive Relief.--In addition to considering any
other applicable equitable factors, including the effects on public
health, safety, and the environment, in any action seeking a temporary
restraining order or preliminary injunction against an agency or a
project sponsor in connection with review or authorization of a covered
project, the court shall--
(1) consider the potential for significant job losses or
other economic harm resulting from an order or injunction; and
(2) not presume that the harms described in paragraph (1)
are reparable.
(c) Judicial Review.--Except as provided in subsection (a), nothing
in this Act affects the reviewability of any final Federal agency
action in a court of the United States or in the court of any State.
(d) Savings Clause.--Nothing in this Act--
(1) supersedes, amends, or modifies NEPA or any other
Federal environmental statute or affects the responsibility of
any Federal officer to comply with or enforce any statute; or
(2) creates a presumption that a covered project will be
approved or favorably reviewed by any agency.
(e) Limitations.--Nothing in this section preempts, limits, or
interferes with--
(1) any practice of seeking, considering, or responding to
public comment; or
(2) any power, jurisdiction, responsibility, or authority
that a Federal, State, or local governmental agency,
metropolitan planning organization, Indian tribe, or project
sponsor has with respect to carrying out a project or any other
provisions of law applicable to any project, plan, or program.
SEC. 9. REPORT TO CONGRESS.
(a) In General.--Not later than April 15 of each year, the Federal
CPO shall submit to Congress a report detailing the progress
accomplished under this Act during the previous fiscal year.
(b) Contents.--The report described in subsection (a) shall assess
the performance of each participating agency and lead agency based on
the best practices described in section 3(c)(2)(B).
(c) Opportunity To Include Comments.--Each agency CPO shall have
the opportunity to include comments concerning the performance of the
agency in the report described in subsection (a).
SEC. 10. APPLICATION.
This Act applies to any covered project for which an application or
request for a Federal authorization is pending before a Federal agency
90 days after the date of enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs Subcommittee on the Efficiency and Effectiveness of Federal Programs and the Federal Workforce. Hearings held. With printed Hearing: S.Hrg. 113-371.
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