Federal Permitting Reform and Jobs Act
This bill revises and makes permanent Title 41 of the Fixing America's Surface Transportation (FAST) Act, commonly known as FAST-41. FAST-41 revised the environmental review and permitting process to expedite certain infrastructure projects.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2324 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2324
To amend the FAST Act to improve the Federal permitting process, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2021
Mr. Portman (for himself, Ms. Sinema, Mr. Manchin, and Mr. Sullivan)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
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.--Section 41001 of the FAST Act (42 U.S.C. 4370m)
is amended--
(1) in paragraph (3), by inserting ``and any interagency
consultation'' after ``issued by an agency'';
(2) in paragraph (4), by striking ``means'' and all that
follows through the period at the end of subparagraph (B) and
inserting ``has the meaning given the term in section 1508.1 of
title 40, Code of Federal Regulations (or successor
regulations).'';
(3) in paragraph (5), by striking ``Federal Infrastructure
Permitting Improvement Steering Council'' and inserting
``Federal Permitting Improvement Steering Council'';
(4) in paragraph (6)(A)--
(A) in clause (ii), by striking ``or'' at the end;
(B) by redesignating clause (iii) as clause (iv);
and
(C) by inserting after clause (ii) the following:
``(iii) is--
``(I) subject to NEPA;
``(II) sponsored by an Indian Tribe
(as defined in section 4 of the Indian
Self-Determination and Education
Assistance Act (25 U.S.C. 5304)), an
Alaska Native Corporation, a Native
Hawaiian organization (as defined in
section 6207 of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 7517)), the Department of
Hawaiian Home Lands, or the Office of
Hawaiian Affairs; and
``(III) located on land owned or
under the jurisdiction of the entity
that sponsors the activity under
subclause (II); or''; and
(5) in paragraph (8), by striking ``means'' and all that
follows through the period at the end and inserting ``has the
meaning given the term in section 1508.1 of title 40, Code of
Federal Regulations (or successor regulations).''
(b) Federal Permitting Improvement Steering Council.--Section 41002
of the FAST Act (42 U.S.C. 4370m-1) is amended--
(1) in the section heading, by striking ``federal
permitting improvement council'' and inserting ``federal
permitting improvement steering council'';
(2) in subsection (b)(2)(A)--
(A) in clause (i)--
(i) by striking ``Each'' and inserting the
following:
``(I) In general.--Each''; and
(ii) 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.''; and
(B) in clause (iii)(II), by striking ``a deputy
secretary (or the equivalent) or higher'' and inserting
``the applicable agency councilmember'';
(3) in subsection (c)--
(A) in paragraph (1)(C)(ii)--
(i) by striking subclause (I) and inserting
the following:
``(I) In general.--The performance
schedules shall reflect employment of
the most sound and efficient applicable
processes, including the alignment of
Federal reviews of projects, reduction
of permitting and project delivery
time, and consideration of the best
practices for public participation.'';
(ii) by redesignating subclause (II) as
subclause (III);
(iii) by inserting after subclause (I) the
following:
``(II) Goal.--
``(aa) In general.--To the
maximum extent practicable, and
consistent with applicable
Federal law, the Executive
Director, in consultation with
the Council, shall aim to
develop recommended performance
schedules under clause (i) of
not more than 2 years.
``(bb) Exception.--If a
recommended performance
schedule developed under clause
(i) exceeds 2 years, the
relevant agencies, in
consultation with the Executive
Director and the Council, shall
explain in that recommended
performance schedule the
factors that cause the
environmental reviews and
authorizations in that category
of covered projects to take
longer than 2 years.''; and
(iv) in subclause (III)(bb) (as so
redesignated), by striking ``on the basis of
data from the preceding 2 calendar years'' and
inserting ``based on relevant historical data,
as determined by the Executive Director,'';
(B) in paragraph (2)(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 (i)--
(I) by striking ``stakeholder
engagement, including fully
considering'' and inserting
``stakeholder engagement, including--
``(II) fully considering''; and
(II) by inserting before subclause
(II) (as added by subclause (I)) the
following:
``(I) engaging with Native American
stakeholders to ensure that project
sponsors and agencies identify
potential natural, archeological, and
cultural resources and locations of
historic and religious significance in
the area of a covered project; and'';
(iii) in clause (vii), by striking ``and''
at the end;
(iv) by redesignating clause (viii) as
clause (x); and
(v) 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;
``(ix) using programmatic assessments,
templates, and other tools based on the best
available science and data; and''; and
(C) in paragraph (3)(A), by inserting ``, including
agency compliance with intermediate and final
completion dates described in coordinated project
plans'' after ``authorizations''; and
(4) by striking subsection (d).
(c) Permitting Process Improvement.--Section 41003 of the FAST Act
(42 U.S.C. 4370m-2) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding at the end the
following:
``(D) Confidentiality.--Any information relating to
Native American natural, cultural, and historical
resources submitted in a notice by a project sponsor
under subparagraph (A) shall be--
``(i) kept confidential; and
``(ii) exempt from the disclosure
requirements under section 552 of title 5,
United States Code (commonly known as the
`Freedom of Information Act'), and the Federal
Advisory Committee Act (5 U.S.C. App.).'';
(B) in paragraph (2)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``45 days''
and inserting ``21 calendar days''; and
(ii) in subparagraph (B), by inserting ``14
calendar day'' before ``deadline''; and
(C) in paragraph (3)(A), in the matter preceding
clause (i), by inserting ``and the Executive Director''
after ``as applicable,'';
(2) in subsection (b)--
(A) in paragraph (2)(A), by adding at the end the
following:
``(iii) Projects other than covered
projects.--
``(I) In general.--The Executive
Director may direct a lead agency to
create a specific entry on the
Dashboard for a project that is not a
covered project and is under review by
the lead agency if the Executive
Director determines that a Dashboard
entry for that project is in the
interest of transparency.
``(II) Requirements.--Not later
than 14 days after the date on which
the Executive Director directs the lead
agency to create a specific entry on
the Dashboard for a project described
in subclause (I), the lead agency shall
create and maintain a specific entry on
the Dashboard for the project that
contains--
``(aa) a comprehensive
permitting timetable, as
described in subsection
(c)(2)(A);
``(bb) the status of the
compliance of each lead agency,
cooperating agency, and
participating agency with the
permitting timetable required
under item (aa);
``(cc) any modifications of
the permitting timetable
required under item (aa),
including an explanation as to
why the permitting timetable
was modified; and
``(dd) information about
project-related public
meetings, public hearings, and
public comment periods, which
shall be presented in English
and the predominant language of
the community or communities
most affected by the project,
as that information becomes
available.''; and
(B) in paragraph (3)(A)--
(i) in clause (i)--
(I) in subclause (IV), by striking
``and'' at the end;
(II) by redesignating subclause (V)
as subclause (VI);
(III) by inserting after subclause
(IV) the following:
``(V) information on the status of
mitigation measures that were agreed to
as part of the environmental review and
permitting process, including whether
and when the mitigation measures have
been fully implemented; and''; and
(IV) in subclause (VI) (as so
redesignated), by striking ``and'' at
the end;
(ii) in clause (ii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) information about project-related
public meetings, public hearings, and public
comment periods, which shall be presented in
English and the predominant language of the
community or communities most affected by the
project, as that information becomes
available.''; and
(3) in subsection (c)(2)--
(A) in subparagraph (A), strike ``coordination''
and insert ``coordinated'';
(B) 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
(C) in subparagraph (F)--
(i) in clause (i)--
(I) by inserting ``intermediate and
final'' before ``completion dates'';
and
(II) by inserting ``intermediate or
final'' before ``completion date''; and
(ii) in clause (ii)--
(I) 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 intermediate 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
(II) in subclause (I), by striking
``significantly risking failing to
conform'' and inserting ``reasonably
believing the agency will fail to
conform''.
(d) Coordination of Required Reviews.--Section 41005 of the FAST
Act (42 U.S.C. 4370m-4) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) where an environmental impact statement is required
for a project, prepare a single, joint interagency
environmental impact statement for the project unless the lead
agency provides justification in the coordinated project plan
that multiple environmental documents are more efficient for
project review and authorization.'';
(2) in subsection (b)--
(A) by striking ``(1) State environmental
documents; supplemental documents.--'';
(B) by redesignating subparagraphs (A) through (E)
as paragraphs (1) through (5), respectively, and
indenting appropriately;
(C) in paragraph (1) (as so redesignated)--
(i) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively, and
indenting appropriately; and
(ii) in subparagraph (A) (as so
redesignated)--
(I) by striking ``State laws and
procedures'' and inserting ``the laws
and procedures of a State or Indian
Tribe (as defined in section 102 of the
Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5130))''; and
(II) by inserting ``developed
pursuant to laws and procedures of that
State or Indian Tribe (as so defined)
that are of equal or greater rigor to
each applicable Federal law and
procedure, and'' after ``Council on
Environmental Quality,'';
(D) in paragraph (2) (as so redesignated), by
striking ``subparagraph (A)'' each place it appears and
inserting ``paragraph (1)'';
(E) in paragraph (3) (as so redesignated)--
(i) in the matter preceding clause (i), by
striking ``subparagraph (A)'' and inserting
``paragraph (1)''; and
(ii) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively, and
indenting appropriately;
(F) in paragraph (4) (as so redesignated)--
(i) in the matter preceding clause (i), by
striking ``subparagraph (C)'' and inserting
``paragraph (3)''; and
(ii) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively, and
indenting appropriately; and
(G) in paragraph (5) (as so redesignated)--
(i) by striking ``subparagraph (A)'' and
inserting ``paragraph (1)''; and
(ii) by striking ``subparagraph (C)'' and
inserting ``paragraph (3)'';
(3) in subsection (c)(4)--
(A) in the matter preceding subparagraph (A), by
striking ``determines that the development of the
higher level of detail will not prevent--'' and
inserting ``determines that--'';
(B) in subparagraph (A), by inserting ``the
development of the higher level of detail will not
prevent'' before ``the lead agency''; and
(C) by striking subparagraph (B) and inserting the
following:
``(B) the preferred and other alternatives are
developed in sufficient detail to enable the public to
comment on the alternatives.'';
(4) by redesignating subsection (f) as subsection (g); and
(5) by inserting after subsection (e) the following:
``(f) Record of Decision.--When an environmental impact statement
is prepared, Federal agencies must, to the maximum extent practicable,
issue a record of decision not later than 90 days after the date on
which the final environmental impact statement is issued.''.
(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 by striking subsection (a) and inserting the following:
``(a) Reports to Congress.--
``(1) Executive director annual report.--
``(A) In general.--Not later than April 15 of each
year for 10 years beginning on the date of enactment of
the Federal Permitting Reform and Jobs Act, the
Executive Director shall submit to Congress a report
detailing the progress accomplished under this title
during the previous fiscal year.
``(B) Opportunity to include comments.--Each
councilmember, with input from the respective agency
CERPO, shall have the opportunity to include comments
concerning the performance of the agency in the report
described in subparagraph (A).
``(2) Quarterly agency performance report.--The Executive
Director shall submit to Congress a quarterly report evaluating
agency compliance with the provisions of this title, which
shall include a description of the implementation and adherence
of each agency to the coordinated project plan and permitting
timetable requirements under section 41003(c).
``(3) Agency best practices report.--Not later than April
15 of each year, each participating agency and lead agency
shall submit to Congress and the Director of the Office of
Management and Budget a report assessing the performance of the
agency in implementing the best practices described in section
41002(c)(2)(B).''.
(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) in subsection (d)--
(A) in the subsection heading, by striking ``and
Permitting''; and
(B) by striking paragraphs (2) and (3) and
inserting the following:
``(2) Availability.--Amounts in the Fund shall be available
to the Executive Director, without fiscal year limitation,
solely for the purposes of administering, implementing, and
enforcing this title, including the expenses of the Council,
staffing of the Office of the Executive Director, and support
of the role of the Council as a Federal center for permitting
excellence, which may include supporting interagency detailee
and rotation opportunities, advanced training, enhanced support
for agency project managers, and fora for sharing information
and lessons learned.
``(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 agencies and State,
Tribal, and local governments to facilitate timely and
efficient environmental reviews and authorizations for 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) 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''.
(j) Clerical Amendment.--The table of contents in section 1(b) of
the FAST Act (Public Law 114-94; 129 Stat. 1319) is amended by striking
the item relating to section 41002 and inserting the following:
``Sec. 41002. Federal Permitting Improvement Steering Council.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line