[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 280 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 280

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

                            January 28, 2015

 Mr. Portman (for himself, Mrs. McCaskill, Mr. Blunt, Mr. Johnson, Mr. 
 King, Mr. Manchin, and Mr. Paul) 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 2015''.

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 not less than 
                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.
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