Federal Permitting Reform and Jobs Act
This bill revises the program responsible for federal coordination and review of major infrastructure projects, including by making this program permanent and by expanding the types of projects eligible for the program.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3671 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3671
To amend the FAST Act to improve the Federal permitting process, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2019
Mr. Armstrong (for himself, Mr. Bishop of Utah, and Mr. Peterson)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To amend the FAST Act to improve the Federal permitting process, 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 Reform and Jobs
Act''.
SEC. 2. FEDERAL PERMITTING IMPROVEMENT.
(a) Definitions.--
(1) In general.--Section 41001 of the FAST Act (42 U.S.C.
4370m) is amended--
(A) in paragraph (4), by striking ``means'' and all
that follows through the period at the end and
inserting ``has the meaning given the term in section
1508.5 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of the Federal
Permitting Reform and Jobs Act).'';
(B) in paragraph (5), by striking ``Federal
Infrastructure Permitting Improvement Steering
Council'' and inserting ``Federal Permitting
Improvement Steering Council''; and
(C) in paragraph (6)--
(i) in subparagraph (A), in the matter
preceding clause (i), by inserting ``projects''
after ``infrastructure''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Treatment.--Section 553 of title 5, United
States Code, shall not apply to a majority vote
described in subparagraph (A).''.
(b) Federal Permitting Improvement Council.--Section 41002 of the
FAST Act (42 U.S.C. 4370m-1) is amended--
(1) in subsection (b)(2)(A)(i)--
(A) by striking ``Each'' and inserting the
following:
``(I) In general.--Each''; and
(B) by adding at the end the following:
``(II) Redesignation.--If an
individual listed in subparagraph (B)
designates a different member to serve
on the Council than the member
designated under subclause (I), the
individual shall notify the Executive
Director of the designation by not
later than 30 days after the date on
which the designation is made.'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``later than'' and all
that follows through ``practices for''
and inserting ``less frequently than
annually, the Council shall issue
recommendations on the best practices
for improving the Federal permitting
process for covered projects, which may
include'';
(II) in clause (vii), by striking
``and'' at the end;
(III) by redesignating clause
(viii) as clause (ix); and
(IV) by inserting after clause
(vii) the following:
``(viii) in coordination with the Executive
Director, improving preliminary engagement with
project sponsors in developing coordinated
project plans; and'';
(ii) by redesignating subparagraph (C) as
subparagraph (D); and
(iii) by inserting after subparagraph (B)
the following:
``(C) Notification.--The Executive Director shall
notify the Committees on Homeland Security and
Governmental Affairs and Environment and Public Works
of the Senate and the Committees on Energy and Commerce
and Transportation and Infrastructure of the House of
Representatives if any agency fails to reasonably
implement the recommended best practices.''; and
(B) in paragraph (3)(A), by inserting ``, including
agency compliance with interim and final completion
dates described in coordinated project plans'' after
``authorizations''; and
(3) in subsection (d)--
(A) by striking ``The Director'' and inserting the
following:
``(1) In general.--The Director''; and
(B) by adding at the end the following:
``(2) Savings provision.--The designated agency under
paragraph (1) shall not--
``(A) participate in policy decisions or
substantive management of the Council; or
``(B) require the Executive Director or the Council
to comply with agency policies in carrying out the
duties of the Executive Director or the Council, as
applicable.''.
(c) Permitting Process Improvement.--Section 41003 of the FAST Act
(42 U.S.C. 4370m-2) is amended--
(1) in subsection (a)(3)(A), in the matter preceding clause
(i), by inserting ``and the Executive Director'' after ``as
applicable,'';
(2) in subsection (b)(2)--
(A) by striking ``14 days'' each place it appears
and inserting ``14 business days''; and
(B) in subparagraph (A)(ii), by inserting
``completed'' before ``notice'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``in
coordination with the Executive Director and''
after ``as applicable,''; and
(ii) in subparagraph (B), by adding at the
end the following:
``(v) A checklist--
``(I) to help project sponsors
identify potential natural, cultural,
and historic resources in the area of
the project; and
``(II) the purposes of which are--
``(aa) to identify agencies
and organizations that can
provide information about
natural, cultural, and historic
resources; and
``(bb) to develop the
information needed to determine
the range of alternatives.
``(vi) In the case of a tiered project
review, a description of the relationship
between any applicable programmatic analysis
and the planned tiered environmental review.'';
and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``As part of the
coordination project plan'' and
inserting the following:
``(i) In general.--In accordance with
clause (ii) and as part of the coordinated
project plan''; and
(II) by adding at the end the
following:
``(ii) Goal.--
``(I) In general.--The permitting
timetable established under clause (i)
shall provide for the completion of the
permitting process within 2 years.
``(II) Exception.--If the
facilitating agency or lead agency, as
applicable, determines that the
permitting process cannot be completed
within 2 years, the coordinated project
plan under paragraph (1) shall
include--
``(aa) the specific reasons
why the facilitating agency or
lead agency, as applicable,
anticipates that the permitting
process will take longer than 2
years; and
``(bb) the specific efforts
that the facilitating agency or
lead agency, as applicable,
each coordinating and
participating agency, the
project sponsor, and any State
in which the project is located
will take to reduce the time
needed to complete the
permitting process.'';
(ii) in subparagraph (D)(i)--
(I) by redesignating subclauses (I)
through (III) as subclauses (II)
through (IV), respectively;
(II) by inserting before subclause
(II) (as so redesignated) the
following:
``(I) the facilitating or lead
agency, as applicable, consults with
the Executive Director regarding the
potential modification not less than 15
days before engaging in the
consultation under subclause (II);'';
and
(III) in subclause (II) (as so
redesignated), by inserting ``, the
Executive Director,'' after
``participating agencies''; and
(iii) in subparagraph (F)--
(I) in clause (i)--
(aa) by inserting ``interim
and final'' before ``completion
dates''; and
(bb) by inserting ``interim
or final'' before ``completion
date''; and
(II) in clause (ii)--
(aa) in the matter
preceding subclause (I), by
striking ``a completion date
for agency action on a covered
project or is at significant
risk of failing to conform
with'' and inserting ``an
interim or final completion
date for agency action on a
covered project or reasonably
believes the agency will fail
to conform with a completion
date 30 days before''; and
(bb) in subclause (I), by
striking ``significantly
risking failing to conform''
and inserting ``reasonably
believing the agency will fail
to conform'';
(4) in subsection (d)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and
indenting appropriately; and
(B) by striking the matter preceding subparagraph
(A) (as so redesignated) and inserting the following:
``(1) In general.--The facilitating or lead agency, as
applicable, shall provide an expeditious process for potential
or current project sponsors to confer with each potential and
identified cooperating and participating agency involved.
``(2) Provision of information.--Not later than 60 days
after the date on which the potential or current project
sponsor submits a request under this subsection, each agency
that received such a request shall provide to the project
sponsor information concerning--''; and
(5) by striking subsection (f) and inserting the following:
``(f) Facilitation of Environmental Review and Authorization
Process of Additional Projects.--
``(1) In general.--In the case of a project that is not a
covered project, on the request of an individual described in
section 41002(b)(2)(B) or the project sponsor, the Executive
Director may work with the lead agency and any cooperating or
participating agency to facilitate the environmental review and
authorization process in accordance with this subsection,
including by--
``(A) mediating and resolving disputes;
``(B) promoting early coordination among the
agencies; and
``(C) taking such actions as may be established
pursuant to paragraph (2).
``(2) Establishment of policies.--The Executive Director,
in consultation with the Director of the Office of Management
and Budget and the Chair of the Council on Environmental
Quality, may establish policies and procedures as appropriate
to carry out the facilitation under paragraph (1).
``(3) Cooperation required.--If the Executive Director is
facilitating the environmental review and authorization process
under paragraph (1), the lead agency and any cooperating or
participating agency shall cooperate with the Executive
Director to the maximum extent practicable.
``(4) Savings provision.--Facilitation of a project by the
Executive Director under paragraph (1) shall not subject the
project to any provisions under this title, other than as
provided in this subsection.''.
(d) Coordination of Required Reviews.--Section 41005(b) of the FAST
Act (42 U.S.C. 4370m-4(b)) is amended--
(1) by striking ``(1) State environmental documents;
supplemental documents.--'';
(2) by redesignating subparagraphs (A) through (E) as
paragraphs (1) through (5), respectively, and indenting
appropriately;
(3) in paragraph (1) (as so redesignated), by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively, and indenting appropriately;
(4) in paragraph (2) (as so redesignated), by striking
``subparagraph (A)'' each place it appears and inserting
``paragraph (1)'';
(5) in paragraph (3) (as so redesignated)--
(A) in the matter preceding clause (i), by striking
``subparagraph (A)'' and inserting ``paragraph (1)'';
and
(B) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(6) in paragraph (4) (as so redesignated)--
(A) in the matter preceding clause (i), by striking
``subparagraph (C)'' and inserting ``paragraph (3)'';
and
(B) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and indenting
appropriately; and
(7) in paragraph (5) (as so redesignated)--
(A) by striking ``subparagraph (A)'' and inserting
``paragraph (1)''; and
(B) by striking ``subparagraph (C)'' and inserting
``paragraph (3)''.
(e) Litigation, Judicial Review, and Savings Provision.--Section
41007 of the FAST Act (42 U.S.C. 4370m-6) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)--
(i) by striking ``the action'' and
inserting ``the claim''; and
(ii) by striking ``of the final record of
decision or approval or denial of a permit''
and inserting ``of notice of final agency
action on the authorization''; and
(B) in subparagraph (B)(i), by striking ``the
action'' and inserting ``the claim''; and
(2) in subsection (e), in the matter preceding paragraph
(1), by striking ``this section'' and inserting ``this title''.
(f) Reports.--Section 41008 of the FAST Act (42 U.S.C. 4370m-7) is
amended--
(1) in subsection (a)(2)--
(A) in the matter preceding subparagraph (A), by
striking ``based on'' and all that follows through
``including'' and inserting ``, including'';
(B) in subparagraph (A), by striking ``those best
practices'' and inserting ``the best practices
described in section 41002(c)(2)(B)'';
(C) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(C) agency compliance with sections 41003 through
41006.''; and
(2) by adding at the end the following:
``(c) FERC Report.--
``(1) In general.--Not later than 90 days after the date of
enactment of the Federal Permitting Reform and Jobs Act, the
Federal Energy Regulatory Commission shall submit to the
Committees on Homeland Security and Governmental Affairs and
Environment and Public Works of the Senate and the Committees
on Energy and Commerce and Transportation and Infrastructure of
the House of Representatives a report that includes
recommendations on ways to reconcile regulations of the Federal
Energy Regulatory Commission with requirements under this
title.
``(2) Review.--In the first report under subsection (a)
that is submitted after the date on which the report under
paragraph (1) is submitted, the Executive Director shall
include a review of the recommendations in the report under
that paragraph.''.
(g) Funding for Governance, Oversight, and Processing of
Environmental Reviews and Permits.--Section 41009 of the FAST Act (42
U.S.C. 4370m-8) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--For the purpose of carrying out this title, the
Executive Director, in consultation with the heads of the agencies
listed in section 41002(b)(2)(B) and with the guidance of the Director
of the Office of Management and Budget, may, after public notice and
opportunity for comment, issue regulations establishing a fee structure
for sponsors of covered projects to reimburse the United States for
reasonable costs incurred in conducting environmental reviews and
authorizations for covered projects.'';
(2) in subsection (b), by striking ``and 41003'' and
inserting ``through 41008''; and
(3) by striking subsection (d)(3) and inserting the
following:
``(3) Transfer.--For the purpose of carrying out this
title, the Executive Director, with the approval of the
Director of the Office of Management and Budget, may transfer
amounts in the Fund to other Federal, State, Tribal, and local
governments to facilitate timely and efficient environmental
reviews and authorizations for proposed covered projects and
other projects under this title, including direct reimbursement
agreements with agency CERPOs, reimbursable agreements, and
approval and consultation processes and staff for covered
projects.''.
(h) Sunset.--Section 41013 of the FAST Act (42 U.S.C. 4370m-12) is
repealed.
(i) Repeal of Certain Exclusions.--Section 11503(b) of the FAST Act
(42 U.S.C. 4370m note; Public Law 114-94) is repealed.
(j) Technical Correction.--Section 41002(b)(2)(A)(ii) of the FAST
Act (42 U.S.C. 4370m-1(b)(2)(A)(ii)) is amended by striking
``councilmem-ber'' and inserting ``councilmember''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Energy and Mineral Resources.
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