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

                                                       Calendar No. 193
114th CONGRESS
  1st Session
                                 S. 280

                          [Report No. 114-113]

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, Mr. Paul, Mr. Donnelly, Ms. Collins, Mr. Sullivan, 
Mr. Warner, Ms. Heitkamp, and Mr. Hatch) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                             August 4, 2015

  Reported by Mr. Johnson, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Permitting 
Improvement Act of 2015''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Agency.--The term ``agency'' has the meaning 
        given the term in section 551 of title 5, United States 
        Code.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) Authorization.--The term ``authorization'' 
        means--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) any determination or finding required 
                to be issued by an agency--</DELETED>
                        <DELETED>    (i) as a precondition to an 
                        authorization described under paragraph (A); 
                        or</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Council.--The term ``Council'' means the 
        Federal Infrastructure Permitting Improvement Council 
        established by section 3(a).</DELETED>
        <DELETED>    (5) Covered project.--</DELETED>
                <DELETED>    (A) In general.--The term ``covered 
                project'' means any construction activity in the United 
                States that requires authorization or review by a 
                Federal agency--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) that is likely to require an 
                        initial investment of more than $25,000,000, as 
                        determined by the Federal CPO.</DELETED>
                <DELETED>    (B) Exclusion.--The term ``covered 
                project'' does not include any project subject to 
                section 101(b)(4) of title 23, United States 
                Code.</DELETED>
        <DELETED>    (6) Dashboard.--The term ``Dashboard'' means the 
        Permitting Dashboard required by section 4(b).</DELETED>
        <DELETED>    (7) Environmental assessment.--The term 
        ``environmental assessment'' means a concise public document 
        for which a Federal agency is responsible that serves--
        </DELETED>
                <DELETED>    (A) to briefly provide sufficient evidence 
                and analysis for determining whether to prepare an 
                environmental impact statement or a finding of no 
                significant impact;</DELETED>
                <DELETED>    (B) to aid in the compliance of the agency 
                with NEPA if an environmental impact statement is not 
                necessary; and</DELETED>
                <DELETED>    (C) to facilitate preparation of an 
                environmental impact statement, if an environmental 
                impact statement is necessary.</DELETED>
        <DELETED>    (8) Environmental document.--The term 
        ``environmental document'' means an environmental assessment or 
        environmental impact statement.</DELETED>
        <DELETED>    (9) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed statement 
        of significant environmental impacts required to be prepared 
        under NEPA.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (11) Federal cpo.--The term ``Federal CPO'' means 
        the Federal Chief Permitting Officer appointed by the President 
        under section 3(b)(1).</DELETED>
        <DELETED>    (12) Inventory.--The term ``inventory'' means the 
        inventory of covered projects established by the Federal CPO 
        under section 3(c)(1)(A).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (14) NEPA.--The term ``NEPA'' means the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (16) Project sponsor.--The term ``project 
        sponsor'' means the entity, including any private, public, or 
        public-private entity, that seeks approval for a 
        project.</DELETED>

<DELETED>SEC. 3. FEDERAL PERMITTING IMPROVEMENT COUNCIL.</DELETED>

<DELETED>    (a) Establishment.--There is established the Federal 
Permitting Improvement Council.</DELETED>
<DELETED>    (b) Composition.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Chief permitting officers.--</DELETED>
                <DELETED>    (A) In general.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (iii) Membership.--Each agency CPO 
                        described in clause (i) shall serve on the 
                        Council.</DELETED>
                <DELETED>    (B) Heads of agencies.--The individuals 
                that shall each designate an agency CPO under this 
                subparagraph are as follows:</DELETED>
                        <DELETED>    (i) The Secretary of 
                        Agriculture.</DELETED>
                        <DELETED>    (ii) The Secretary of 
                        Commerce.</DELETED>
                        <DELETED>    (iii) The Secretary of the 
                        Interior.</DELETED>
                        <DELETED>    (iv) The Secretary of 
                        Energy.</DELETED>
                        <DELETED>    (v) The Secretary of 
                        Transportation.</DELETED>
                        <DELETED>    (vi) The Secretary of 
                        Defense.</DELETED>
                        <DELETED>    (vii) The Administrator of the 
                        Environmental Protection Agency.</DELETED>
                        <DELETED>    (viii) The Chairman of the Federal 
                        Energy Regulatory Commission.</DELETED>
                        <DELETED>    (ix) The Chairman of the Nuclear 
                        Regulatory Commission.</DELETED>
                        <DELETED>    (x) The Chairman of the Advisory 
                        Council on Historic Preservation.</DELETED>
                        <DELETED>    (xi) Any other head of a Federal 
                        agency that the Federal CPO may invite to 
                        participate as a member of the 
                        Council.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Duties.--</DELETED>
        <DELETED>    (1) Federal cpo.--</DELETED>
                <DELETED>    (A) Inventory development.--The Federal 
                CPO, in consultation with the members of the Council, 
                shall--</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (ii)(I) categorize the projects in 
                        the inventory as appropriate based on the 
                        project type; and</DELETED>
                        <DELETED>    (II) for each category, identify 
                        the types of reviews and authorizations most 
                        commonly involved; and</DELETED>
                        <DELETED>    (iii) add covered projects to the 
                        inventory after the Federal CPO receives a 
                        notice described in section 4(a)(1).</DELETED>
                <DELETED>    (B) Lead agency designation.--The Federal 
                CPO, in consultation with the Council, shall--
                </DELETED>
                        <DELETED>    (i) designate a lead agency for 
                        each category of covered projects described in 
                        subparagraph (A)(ii); and</DELETED>
                        <DELETED>    (ii) publish on an Internet 
                        website the designations and categories in an 
                        easily accessible format.</DELETED>
                <DELETED>    (C) Performance schedules.--</DELETED>
                        <DELETED>    (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).</DELETED>
                        <DELETED>    (ii) Requirements.--</DELETED>
                                <DELETED>    (I) In general.--The 
                                performance schedules shall reflect 
                                employment of the use of the most 
                                efficient applicable 
                                processes.</DELETED>
                                <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (2) Council.--</DELETED>
                <DELETED>    (A) Recommendations.--</DELETED>
                        <DELETED>    (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).</DELETED>
                        <DELETED>    (ii) Update.--The Council may 
                        update the recommendations described in clause 
                        (i).</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) early stakeholder engagement, 
                        including fully considering and, as 
                        appropriate, incorporating recommendations 
                        provided in public comments on any proposed 
                        covered project;</DELETED>
                        <DELETED>    (ii) assuring timeliness of 
                        permitting and review decisions;</DELETED>
                        <DELETED>    (iii) coordination between Federal 
                        and non-Federal governmental 
                        entities;</DELETED>
                        <DELETED>    (iv) transparency;</DELETED>
                        <DELETED>    (v) reduction of information 
                        collection requirements and other 
                        administrative burdens on agencies, project 
                        sponsors, and other interested 
                        parties;</DELETED>
                        <DELETED>    (vi) evaluating lead agencies and 
                        participating agencies under this Act; 
                        and</DELETED>
                        <DELETED>    (vii) other aspects of 
                        infrastructure permitting, as determined by the 
                        Council.</DELETED>

<DELETED>SEC. 4. PERMITTING PROCESS IMPROVEMENT.</DELETED>

<DELETED>    (a) Project Initiation and Designation of Participating 
Agencies.--</DELETED>
        <DELETED>    (1) Notice.--</DELETED>
                <DELETED>    (A) In general.--A project sponsor shall 
                provide the Federal CPO and the lead agency notice of 
                the initiation of a proposed covered project.</DELETED>
                <DELETED>    (B) Contents.--Each notice described in 
                subparagraph (A) shall include--</DELETED>
                        <DELETED>    (i) a description, including the 
                        general location, of the proposed 
                        project;</DELETED>
                        <DELETED>    (ii) a statement of any Federal 
                        authorization or review anticipated to be 
                        required for the proposed project; 
                        and</DELETED>
                        <DELETED>    (iii) an assessment of the reasons 
                        why the proposed project meets the definition 
                        of a covered project in section 2.</DELETED>
        <DELETED>    (2) Invitation.--</DELETED>
                <DELETED>    (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--
                </DELETED>
                        <DELETED>    (i) identify another agency that 
                        may have an interest in the proposed project; 
                        and</DELETED>
                        <DELETED>    (ii) invite the agency to become a 
                        participating agency in the permitting 
                        management process and in the environmental 
                        review process described in section 
                        6.</DELETED>
                <DELETED>    (B) Deadlines.--Each invitation made under 
                subparagraph (A) shall include a deadline for a 
                response to be submitted to the lead agency.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) has no jurisdiction or authority with 
                respect to the proposed project; or</DELETED>
                <DELETED>    (B) does not intend to exercise authority 
                related to, or submit comments on, the proposed 
                project.</DELETED>
        <DELETED>    (4) Effect of designation.--The designation 
        described in paragraph (3) shall not give the participating 
        agency jurisdiction over the proposed project.</DELETED>
        <DELETED>    (5) Change of lead agency.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (B) Resolution of dispute.--Any dispute 
                over designation of a lead agency for a particular 
                covered project shall be resolved by the Federal 
                CPO.</DELETED>
<DELETED>    (b) Permitting Dashboard.--</DELETED>
        <DELETED>    (1) Requirement to maintain.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Specific and searchable entry.--The 
                Dashboard shall include a specific and searchable entry 
                for each project.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) any application and any supporting 
                document submitted by a project sponsor for any 
                required Federal review or authorization for the 
                project;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) Postings by the federal cpo.--The Federal CPO 
        shall post on the Dashboard an entry for each covered project 
        that includes--</DELETED>
                <DELETED>    (A) the information submitted under 
                paragraph (3)(A) not later than 2 days after the date 
                on which the Federal CPO receives the 
                information;</DELETED>
                <DELETED>    (B) a permitting timetable approved by the 
                Federal CPO under subsection (c)(2)(C);</DELETED>
                <DELETED>    (C) the status of the compliance of each 
                participating agency with the permitting 
                timetable;</DELETED>
                <DELETED>    (D) any modifications of the permitting 
                timetable; and</DELETED>
                <DELETED>    (E) an explanation of each modification 
                described in subparagraph (D).</DELETED>
<DELETED>    (c) Coordination and Timetables.--</DELETED>
        <DELETED>    (1) Coordination plan.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Memorandum of understanding.--The lead 
                agency may incorporate the coordination plan described 
                in subparagraph (A) into a memorandum of 
                understanding.</DELETED>
        <DELETED>    (2) Permitting timetable.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the size and complexity of the 
                        covered project;</DELETED>
                        <DELETED>    (ii) the resources available to 
                        each participating agency;</DELETED>
                        <DELETED>    (iii) the regional or national 
                        economic significance of the project;</DELETED>
                        <DELETED>    (iv) the sensitivity of the 
                        natural or historic resources that may be 
                        affected by the project; and</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (C) Approval by the federal cpo.--
                </DELETED>
                        <DELETED>    (i) Requirement to submit.--The 
                        lead agency shall promptly submit to the 
                        Federal CPO a permitting timetable established 
                        under subparagraph (A) for review.</DELETED>
                        <DELETED>    (ii) Revision and approval.--
                        </DELETED>
                                <DELETED>    (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).</DELETED>
                                <DELETED>    (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.</DELETED>
                <DELETED>    (D) Modification after approval.--The lead 
                agency may modify a permitting timetable established 
                under subparagraph (A) for good cause only if--
                </DELETED>
                        <DELETED>    (i) the lead agency and the 
                        affected participating agency agree to a 
                        different deadline;</DELETED>
                        <DELETED>    (ii) the lead agency or the 
                        affected participating agency provides a 
                        written explanation of the justification for 
                        the modification; and</DELETED>
                        <DELETED>    (iii) the lead agency submits to 
                        the Federal CPO a modification, which the 
                        Federal CPO may revise or disapprove.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (F) Compliance.--</DELETED>
                        <DELETED>    (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).</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Cooperating state, local, or tribal 
        governments.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Memorandum of understanding.--
                </DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (ii) Submission to federal cpo.--A 
                        lead agency shall submit to the Federal CPO 
                        each memorandum of understanding described in 
                        clause (i).</DELETED>
                        <DELETED>    (iii) Post to dashboard.--The 
                        Federal CPO shall post to the Dashboard each 
                        memorandum of understanding submitted under 
                        clause (ii).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the likelihood of approval for a potential 
        covered project; and</DELETED>
        <DELETED>    (2) key issues of concern to each participating 
        agency and to the public.</DELETED>
<DELETED>    (e) Cooperating Agency.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Effect on other designation.--The designation 
        described in paragraph (1) shall not affect any designation 
        under subsection (a)(3).</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 5. INTERSTATE COMPACTS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 6. COORDINATION OF REQUIRED REVIEWS.</DELETED>

<DELETED>    (a) Concurrent Reviews.--Each agency shall, to the 
greatest extent permitted by law--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Adoption and Use of Documents.--</DELETED>
        <DELETED>    (1) State environmental documents; supplemental 
        documents.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) a significant change has been 
                        made to the project that is relevant for 
                        purposes of environmental review of the 
                        project; or</DELETED>
                        <DELETED>    (ii) there have been significant 
                        changes in circumstances or availability of 
                        information relevant to the environmental 
                        review for the project.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (c) Alternatives Analysis.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) the public from commenting on the 
                preferred and other alternatives.</DELETED>
<DELETED>    (d) Environmental Review Comments.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) the lead agency, the project sponsor, 
                and each participating agency agree to a different 
                deadline; or</DELETED>
                <DELETED>    (B) the deadline is extended by the lead 
                agency for good cause.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) the lead agency, the project sponsor, 
                and each participating agency agree to a different 
                deadline; or</DELETED>
                <DELETED>    (B) the lead agency modifies the deadline 
                for good cause.</DELETED>
<DELETED>    (e) Issue Identification and Resolution.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Lead agency responsibilities.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Sources of information.--The 
                information described in subparagraph (A) may be based 
                on existing data sources, including geographic 
                information systems mapping.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (f) Categories of Projects.--The authorities granted under 
this section may be exercised for an individual project or a category 
of projects.</DELETED>

<DELETED>SEC. 7. DELEGATED STATE PERMITTING PROGRAMS.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. LITIGATION, JUDICIAL REVIEW, AND SAVINGS 
              PROVISION.</DELETED>

<DELETED>    (a) Limitations on Claims.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) in the case of an action pertaining to 
                an environmental review conducted under NEPA--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) the comment was sufficiently 
                        detailed to put the lead agency on notice of 
                        the issue on which the party seeks judicial 
                        review.</DELETED>
        <DELETED>    (2) New information.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) consider the potential for significant job 
        losses or other economic harm resulting from an order or 
        injunction; and</DELETED>
        <DELETED>    (2) not presume that the harms described in 
        paragraph (1) are reparable.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Savings Clause.--Nothing in this Act--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) creates a presumption that a covered project 
        will be approved or favorably reviewed by any agency.</DELETED>
<DELETED>    (e) Limitations.--Nothing in this section preempts, 
limits, or interferes with--</DELETED>
        <DELETED>    (1) any practice of seeking, considering, or 
        responding to public comment; or</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 9. REPORT TO CONGRESS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 10. APPLICATION.</DELETED>

<DELETED>    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.</DELETED>

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 cerpo.--The term ``agency CERPO'' means the 
        chief environmental review and permitting officer of an agency, 
        as designated by the head of the agency under section 
        3(b)(2)(A)(iii)(I).
            (3) Authorization.--The term ``authorization'' means any 
        license, permit, approval, finding, determination, or other 
        administrative decision issued by an agency that is required or 
        authorized under Federal law in order to site, construct, 
        reconstruct, or commence operations of a covered project, 
        whether administered by a Federal or State agency.
            (4) Cooperating agency.--The term ``cooperating agency'' 
        means any agency with--
                    (A) jurisdiction under Federal law; or
                    (B) special expertise as described in section 
                1501.6 of title 40, Code of Federal Regulations (as in 
                effect on the date of enactment of this Act).
            (5) Council.--The term ``Council'' means the Federal 
        Infrastructure Permitting Improvement Steering Council 
        established under section 3(a).
            (6) Covered project.--
                    (A) In general.--The term ``covered project'' means 
                any construction activity in the United States that 
                requires authorization or environmental 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 a majority vote of the 
                        Council;
                            (ii)(I) that is likely to require a total 
                        investment of more than $200,000,000; and
                            (II) that does not qualify for abbreviated 
                        authorization or environmental review processes 
                        under any applicable law; or
                            (iii) the size and complexity of which make 
                        the project likely to benefit from enhanced 
                        oversight and coordination, including a project 
                        likely to require--
                                    (I) authorization from or 
                                environmental review involving more 
                                than 2 Federal agencies; or
                                    (II) the preparation of an 
                                environmental impact statement under 
                                NEPA.
                    (B) Exclusion.--The term ``covered project'' does 
                not include--
                            (i) any project subject to section 139 of 
                        title 23, United States Code; or
                            (ii) any project subject to section 2045 of 
                        the Water Resources Development Act of 2007 (33 
                        U.S.C. 2348).
            (7) Dashboard.--The term ``Dashboard'' means the Permitting 
        Dashboard required under section 4(b).
            (8) Environmental assessment.--The term ``environmental 
        assessment'' means a concise public document for which a 
        Federal agency is responsible under section 1508.9 of title 40, 
        Code of Federal Regulations (or successor regulations).
            (9) Environmental document.--
                    (A) In general.--The term ``environmental 
                document'' means an environmental assessment, finding 
                of no significant impact, notice of intent, 
                environmental impact statement, or record of decision.
                    (B) Inclusions.--The term ``environment document'' 
                includes--
                            (i) any document that is a supplement to a 
                        document described in subparagraph (A); and
                            (ii) a document prepared pursuant to a 
                        court order.
            (10) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed written 
        statement required under section 102(2)(C) of NEPA.
            (11) Environmental review.--The term ``environmental 
        review'' means the agency procedures and processes for applying 
        a categorical exclusion or for preparing an environmental 
        assessment, an environmental impact statement, or other 
        document required under NEPA.
            (12) Executive director.--The term ``Executive Director'' 
        means the Executive Director appointed by the President under 
        section 3(b)(1)(A).
            (13) Facilitating agency.--The term ``facilitating agency'' 
        means the agency that receives the initial notification from 
        the project sponsor required under section 4(a).
            (14) Inventory.--The term ``inventory'' means the inventory 
        of covered projects established by the Executive Director under 
        section 3(c)(1)(A).
            (15) Lead agency.--The term ``lead agency'' means the 
        agency with principal responsibility for an environmental 
        review of a covered project under NEPA and parts 1500 through 
        1508 of title 40, Code of Federal Regulations (or successor 
        regulations).
            (16) NEPA.--The term ``NEPA'' means the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (17) Participating agency.--The term ``participating 
        agency'' means an agency participating in an environmental 
        review or authorization for a covered project in accordance 
        with section 4.
            (18) Project sponsor.--The term ``project sponsor'' means 
        an entity, including any private, public, or public-private 
        entity, seeking an authorization for a covered project.

SEC. 3. FEDERAL PERMITTING IMPROVEMENT COUNCIL.

    (a) Establishment.--There is established the Federal Permitting 
Improvement Steering Council.
    (b) Composition.--
            (1) Chair.--The Executive Director shall--
                    (A) be appointed by the President; and
                    (B) serve as Chair of the Council.
            (2) Council members.--
                    (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 on the Council.
                            (ii) Qualifications.--A councilmember 
                        described in clause (i) shall hold a position 
                        in the agency of deputy secretary (or the 
                        equivalent) or higher.
                            (iii) Support.--
                                    (I) In general.--Consistent with 
                                guidance provided by the Director of 
                                the Office of Management and Budget, 
                                each individual listed in subparagraph 
                                (B) shall designate 1 or more 
                                appropriate members of the agency in 
                                which the individual serves to serve as 
                                an agency CERPO.
                                    (II) Reporting.--An agency CERPO 
                                shall report directly to a deputy 
                                secretary (or the equivalent) or 
                                higher.
                    (B) Heads of agencies.--The individuals that shall 
                each designate a councilmember under this subparagraph 
                are as follows:
                            (i) The Secretary of Agriculture.
                            (ii) The Secretary of the Army.
                            (iii) The Secretary of Commerce.
                            (iv) The Secretary of the Interior.
                            (v) The Secretary of Energy.
                            (vi) The Secretary of Transportation.
                            (vii) The Secretary of Defense.
                            (viii) The Administrator of the 
                        Environmental Protection Agency.
                            (ix) The Chairman of the Federal Energy 
                        Regulatory Commission.
                            (x) The Chairman of the Nuclear Regulatory 
                        Commission.
                            (xi) The Secretary of Homeland Security.
                            (xii) The Secretary of Housing and Urban 
                        Development.
                            (xiii) The Chairman of the Advisory Council 
                        on Historic Preservation.
                            (xiv) Any other head of a Federal agency 
                        that the Executive Director may invite to 
                        participate as a member of the Council.
            (3) Additional members.--In addition to the members listed 
        in paragraphs (1) and (2), the Chairman of the Council on 
        Environmental Quality and the Director of the Office of 
        Management and Budget shall also be members of the Council.
    (c) Duties.--
            (1) Executive director.--
                    (A) Inventory development.--The Executive Director, 
                in consultation with the Council, shall--
                            (i) not later than 180 days after the date 
                        of enactment of this Act, establish an 
                        inventory of covered projects that are pending 
                        the environmental review or authorization of 
                        the head of any Federal agency;
                            (ii)(I) categorize the projects in the 
                        inventory as appropriate, based on sector and 
                        project type; and
                            (II) for each category, identify the types 
                        of environmental reviews and authorizations 
                        most commonly involved; and
                            (iii) add a covered project to the 
                        inventory after receiving a notice described in 
                        section 4(a)(1).
                    (B) Facilitating agency designation.--The Executive 
                Director, in consultation with the Council, shall--
                            (i) designate a facilitating agency for 
                        each category of covered projects described in 
                        subparagraph (A)(ii); and
                            (ii) publish the list of designated 
                        facilitating agencies for each category of 
                        projects in the inventory on the Dashboard in 
                        an easily accessible format.
                    (C) Performance schedules.--
                            (i) In general.--Not later than 1 year 
                        after the date of enactment of this Act, the 
                        Executive Director, in consultation with the 
                        Council, shall develop nonbinding performance 
                        schedules, including intermediate and final 
                        deadlines, for environmental reviews and 
                        authorizations most commonly required 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.--
                                            (aa) In general.--The final 
                                        deadline in any performance 
                                        schedule for the completion of 
                                        an environmental review or 
                                        authorization under clause (i) 
                                        shall not exceed the average 
                                        time to complete an 
                                        environmental review or 
                                        authorization for a project 
                                        within that category.
                                            (bb) Calculation of average 
                                        time.--The average time 
                                        referred to in item (aa) shall 
                                        be calculated on the basis of 
                                        data from the preceding 2 
                                        calendar years and shall run 
                                        from the period beginning on 
                                        the date on which the Executive 
                                        Director must make a specific 
                                        entry for the project on the 
                                        Dashboard under section 4(b)(2) 
                                        (except that, for projects 
                                        initiated before that duty 
                                        takes effect, the period 
                                        beginning on the date of filing 
                                        of a completed application), 
                                        and ending on the date of the 
                                        issuance of a record of 
                                        decision or other final agency 
                                        action on the review or 
                                        authorization.
                                            (cc) Deadline.--Each 
                                        performance schedule shall 
                                        specify that any decision by an 
                                        agency on an environmental 
                                        review or authorization must be 
                                        issued not later than 180 days 
                                        after the date on which all 
                                        information needed to complete 
                                        the review or authorization is 
                                        in the possession of the 
                                        agency.
                            (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 Executive 
                        Director, in consultation with the Council, 
                        shall review and revise the performance 
                        schedules.
                    (D) Guidance.--The Executive Director, in 
                consultation with the Council, may recommend to the 
                Director of the Office of Management and Budget or to 
                the Council on Environmental Quality, as appropriate, 
                that guidance be issued as necessary for agencies--
                            (i) to carry out responsibilities under 
                        this Act; and
                            (ii) 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 Executive Director 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 
                frequently than annually thereafter, the Council shall 
                issue recommendations on the best practices for--
                            (i) enhancing early stakeholder engagement, 
                        including fully considering and, as 
                        appropriate, incorporating recommendations 
                        provided in public comments on any proposed 
                        covered project;
                            (ii) ensuring timely decisions regarding 
                        environmental reviews and authorizations, 
                        including through the development of 
                        performance metrics;
                            (iii) improving coordination between 
                        Federal and non-Federal governmental entities, 
                        including through the development of common 
                        data standards and terminology across agencies;
                            (iv) increasing transparency;
                            (v) reducing information collection 
                        requirements and other administrative burdens 
                        on agencies, project sponsors, and other 
                        interested parties;
                            (vi) developing and making available to 
                        applicants appropriate geographic information 
                        systems and other tools;
                            (vii) creating and distributing training 
                        materials useful to Federal, State, tribal, and 
                        local permitting officials; and
                            (viii) addressing other aspects of 
                        infrastructure permitting, as determined by the 
                        Council.
            (3) Agency cerpos.--An agency CERPO shall--
                    (A) advise the respective agency councilmember on 
                matters related to environmental reviews and 
                authorizations;
                    (B) provide technical support, when requested to 
                facilitate efficient and timely processes for 
                environmental reviews and authorizations for covered 
                projects under the jurisdictional responsibility of the 
                agency, including supporting timely identification and 
                resolution of potential disputes within the agency or 
                between the agency and other Federal agencies;
                    (C) analyze agency environmental review and 
                authorization processes, policies, and authorities and 
                make recommendations to the respective agency 
                councilmember for ways to standardize, simplify, and 
                improve the efficiency of the processes, policies, and 
                authorities, including by implementing guidance issued 
                under paragraph (1)(D) and other best practices, 
                including the use of information technology and 
                geographic information system tools within the agency 
                and across agencies, to the extent consistent with 
                existing law; and
                    (D) review and develop training programs for agency 
                staff that support and conduct environmental reviews or 
                authorizations.
    (d) Administrative Support.--The Director of the Office of 
Management and Budget shall designate a Federal agency to provide 
administrative support for the Executive Director, and the designated 
agency shall, as reasonably necessary, provide support and staff to 
enable the Executive Director to fulfill the duties of the Executive 
Director under this Act.

SEC. 4. PERMITTING PROCESS IMPROVEMENT.

    (a) Project Initiation and Designation of Participating Agencies.--
            (1) Notice.--
                    (A) In general.--A project sponsor of a covered 
                project shall submit to the Executive Director and the 
                facilitating agency notice of the initiation of a 
                proposed covered project.
                    (B) Default designation.--If, at the time of 
                submission of the notice under subparagraph (A), the 
                Executive Director has not designated a facilitating 
                agency under section 3(c)(1)(B) for the categories of 
                projects noticed, the agency that receives the notice 
                under subparagraph (A) shall be designated as the 
                facilitating agency.
                    (C) Contents.--Each notice described in 
                subparagraph (A) shall include--
                            (i) a statement of the purposes and 
                        objectives of the proposed project;
                            (ii) a concise description, including the 
                        general location of the proposed project and a 
                        summary of geospatial information, if 
                        available, illustrating the project area and 
                        the locations, if any, of environmental, 
                        cultural, and historic resources;
                            (iii) a statement regarding the technical 
                        and financial ability of the project sponsor to 
                        construct the proposed project;
                            (iv) a statement of any Federal financing, 
                        environmental reviews, and authorizations 
                        anticipated to be required to complete the 
                        proposed project; and
                            (v) an assessment that the proposed project 
                        meets the definition of a covered project under 
                        section 2 and a statement of reasons supporting 
                        the assessment.
            (2) Invitation.--
                    (A) In general.--Not later than 45 days after the 
                date on which the Executive Director must make a 
                specific entry for the project on the Dashboard under 
                subsection (b)(2)(A), the facilitating agency or lead 
                agency, as applicable, shall--
                            (i) identify all Federal and non-Federal 
                        agencies and governmental entities likely to 
                        have financing, environmental review, 
                        authorization, or other responsibilities with 
                        respect to the proposed project; and
                            (ii) invite all Federal agencies identified 
                        under clause (i) to become a participating 
                        agency or a cooperating agency, as appropriate, 
                        in the environmental review and authorization 
                        management 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 facilitating or lead 
                agency, as applicable.
            (3) Participating and cooperating agencies.--
                    (A) In general.--An agency invited under paragraph 
                (2) shall be designated as a participating or 
                cooperating agency for a covered project, unless the 
                agency informs the facilitating or lead agency, as 
                applicable, in writing before the deadline under 
                paragraph (2)(B) that the agency--
                            (i) has no jurisdiction or authority with 
                        respect to the proposed project; or
                            (ii) does not intend to exercise authority 
                        related to, or submit comments on, the proposed 
                        project.
                    (B) Changed circumstances.--On request and a 
                showing of changed circumstances, the Executive 
                Director may designate an agency that has opted out 
                under subparagraph (A)(ii) to be a participating or 
                cooperating agency, as appropriate.
            (4) Effect of designation.--The designation described in 
        paragraph (3) shall not--
                    (A) give the participating agency authority or 
                jurisdiction over the covered project; or
                    (B) expand any jurisdiction or authority a 
                cooperating agency may have over the proposed project.
            (5) Lead agency designation.--
                    (A) In general.--On establishment of the lead 
                agency, the lead agency shall assume the 
                responsibilities of the facilitating agency under this 
                Act.
                    (B) Redesignation of facilitating agency.--If the 
                lead agency assumes the responsibilities of the 
                facilitating agency under subparagraph (A), the 
                facilitating agency may be designated as a cooperative 
                or participating agency.
            (6) Change of facilitating or lead agency.--
                    (A) In general.--On the request of a participating 
                agency or project sponsor, the Executive Director may 
                designate a different agency as the facilitating or 
                lead agency, as applicable, for a covered project, if 
                the facilitating or lead agency or the Executive 
                Director 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.--The Executive Director 
                shall resolve any dispute over designation of a 
                facilitating or lead agency for a particular covered 
                project.
    (b) Permitting Dashboard.--
            (1) Requirement to maintain.--
                    (A) In general.--The Executive Director, 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 environmental reviews and authorizations for 
                any covered project in the inventory described in 
                section 3(c)(1)(A) and any projects subject to section 
                139 of title 23, United States Code, or section 2045 of 
                the Water Resources Development Act of 2007 (33 U.S.C. 
                2348).
                    (B) Specific and searchable entry.--The Dashboard 
                shall include a specific and searchable entry for each 
                covered project.
            (2) Additions.--
                    (A) In general.--
                            (i) Existing projects.--Not later than 14 
                        days after the date on which the Executive 
                        Director adds a project to the inventory under 
                        section 3(c)(1)(A), the Executive Director 
                        shall create a specific entry on the Dashboard 
                        for the covered project.
                            (ii) New projects.--Not later than 14 days 
                        after the date on which the Executive Director 
                        receives a notice under subsection (a)(1), the 
                        Executive Director shall create a specific 
                        entry on the Dashboard for the covered project, 
                        unless the Executive Director, facilitating 
                        agency, or lead agency, as applicable, 
                        determines that the project is not a covered 
                        project.
                    (B) Explanation.--If the facilitating agency or 
                lead agency, as applicable, determines that the project 
                is not a covered project, the project sponsor may 
                submit a further explanation as to why the project is a 
                covered project not later than 14 days after the date 
                of the determination under subparagraph (A).
                    (C) Final determination.--Not later than 14 days 
                after receiving an explanation described in 
                subparagraph (B), the Executive Director shall--
                            (i) make a final and conclusive 
                        determination as to whether the project is a 
                        covered project; and
                            (ii) if the Executive Director determines 
                        that the project is a covered project, create a 
                        specific entry on the Dashboard for the covered 
                        project.
            (3) Postings by agencies.--
                    (A) In general.--For each covered project added to 
                the Dashboard under paragraph (2), the facilitating or 
                lead agency, as applicable, and each cooperating and 
                participating agency shall post to the Dashboard--
                            (i) a hyperlink that directs to a website 
                        that contains, to the extent consistent with 
                        applicable law--
                                    (I) the notification submitted 
                                under subsection (a)(1);
                                    (II)(aa) where practicable, the 
                                application and supporting documents, 
                                if applicable, that have been submitted 
                                by a project sponsor for any required 
                                environmental review or authorization; 
                                or
                                    (bb) a notice explaining how the 
                                public may obtain access to such 
                                documents;
                                    (III) a description of any Federal 
                                agency action taken or decision made 
                                that materially affects the status of a 
                                covered project;
                                    (IV) any significant document that 
                                supports the action or decision 
                                described in subclause (III); and
                                    (V) a description of 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; and
                            (ii) any document described in clause (i) 
                        that is not available by hyperlink on another 
                        website.
                    (B) Deadline.--The information described in 
                subparagraph (A) shall be posted to the website made 
                available by hyperlink on the Dashboard not later than 
                2 business days after the date on which the Federal 
                agency receives the information.
            (4) Postings by the executive director.--The Executive 
        Director shall publish to the Dashboard--
                    (A) the permitting timetable established under 
                subparagraph (A) or (C) of subsection (c)(2);
                    (B) the status of the compliance of each agency 
                with the permitting timetable;
                    (C) any modifications of the permitting timetable;
                    (D) an explanation of each modification described 
                in subparagraph (C); and
                    (E) any memorandum of understanding established 
                under subsection (c)(3)(B).
    (c) Coordination and Timetables.--
            (1) Coordinated project plan.--
                    (A) In general.--Not later than 60 days after the 
                date on which the Executive Director must make a 
                specific entry for the project on the Dashboard under 
                subsection (b)(2)(A), the facilitating or lead agency, 
                as applicable, in consultation with each coordinating 
                and participating agency, shall establish a concise 
                plan for coordinating public and agency participation 
                in, and completion of, any required Federal 
                environmental review and authorization for the project.
                    (B) Required information.--The Coordinated Project 
                Plan shall include the following information and be 
                updated by the facilitating or lead agency, as 
                applicable, at least once per quarter:
                            (i) A list of, and roles and 
                        responsibilities for, all entities with 
                        environmental review or authorization 
                        responsibility for the project.
                            (ii) A permitting timetable, as described 
                        in paragraph (2), setting forth a comprehensive 
                        schedule of dates by which all environmental 
                        reviews and authorizations, and to the maximum 
                        extent practicable, State permits, reviews and 
                        approvals must be made.
                            (iii) A discussion of potential avoidance, 
                        minimization, and mitigation strategies, if 
                        required by applicable law and known.
                            (iv) Plans and a schedule for public and 
                        tribal outreach and coordination, to the extent 
                        required by applicable law.
                    (C) Memorandum of understanding.--The coordinated 
                project plan described in subparagraph (A) may be 
                incorporated into a memorandum of understanding.
            (2) Permitting timetable.--
                    (A) Establishment.--As part of the coordination 
                project plan under paragraph (1), the facilitating or 
                lead agency, as applicable, in consultation with each 
                cooperating and participating agency, the project 
                sponsor, and any 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 environmental 
                review or authorization required for the project.
                    (B) Factors for consideration.--In establishing the 
                permitting timetable under subparagraph (A), the 
                facilitating or 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;
                            (v) the financing plan for the project; and
                            (vi) 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) Dispute resolution.--
                            (i) In general.--The Executive Director, in 
                        consultation with appropriate agency CERPOs and 
                        the project sponsor, shall, as necessary, 
                        mediate any disputes regarding the permitting 
                        timetable established under subparagraph (A).
                            (ii) Disputes.--If a dispute remains 
                        unresolved 30 days after the date on which the 
                        dispute was submitted to the Executive 
                        Director, the Director of the Office of 
                        Management and Budget, in consultation with the 
                        Chairman of the Council on Environmental 
                        Quality, shall resolve the dispute.
                            (iii) Final resolution.--Resolution of a 
                        dispute by the Director of the Office of 
                        Management and Budget under clause (ii) shall--
                                    (I) be final and conclusive; and
                                    (II) not be subject to judicial 
                                review.
                    (D) Modification after approval.--
                            (i) In general.--The facilitating or lead 
                        agency, as applicable, may modify a permitting 
                        timetable established under subparagraph (A) 
                        only if--
                                    (I) the facilitating or lead 
                                agency, as applicable, and the affected 
                                cooperating agencies, after 
                                consultation with the participating 
                                agencies, agree to a different 
                                deadline; and
                                    (II) the facilitating agency or 
                                lead agency, as applicable, or the 
                                affected cooperating agency provides a 
                                written justification for the 
                                modification.
                            (ii) Deadline.--A deadline in the 
                        permitting timetable may not be modified within 
                        30 days of the deadline.
                    (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 and shall not 
                prevent any cooperating or participating agency from 
                discharging any obligation under Federal law in 
                connection with the project.
                    (F) Conforming to permitting timetables.--
                            (i) In general.--Each Federal agency shall 
                        conform to the deadlines set forth in the 
                        permitting timetable established under 
                        subparagraph (A), or with any deadline modified 
                        under subparagraph (D).
                            (ii) Failure to conform.--If a Federal 
                        agency fails to conform with a deadline for 
                        agency action on a covered project or is at 
                        significant risk of failing to conform with 
                        such a deadline, the agency shall--
                                    (I) promptly submit to the 
                                Executive Director for publication on 
                                the Dashboard an explanation of the 
                                specific reasons for failing or 
                                significantly risking failing to 
                                conform to the deadline and a proposal 
                                for an alternative deadline;
                                    (II) in consultation with the 
                                facilitating or lead agency, as 
                                applicable, establish an alternative 
                                deadline; and
                                    (III) each month thereafter until 
                                the agency has taken final action on 
                                the delayed authorization or review, 
                                submit to the Executive Director for 
                                posting on the Dashboard a status 
                                report describing any agency activity 
                                related to the project.
                    (G) Abandonment of covered project.--
                            (i) In general.--If the facilitating or 
                        lead agency, as applicable, has a reasonable 
                        basis to doubt the continuing technical or 
                        financial ability of the project sponsor to 
                        construct the covered project, the facilitating 
                        or lead agency may request the project sponsor 
                        provide an updated statement regarding the 
                        ability of the project sponsor to complete the 
                        project.
                            (ii) Failure to respond.--If the project 
                        sponsor fails to respond to a request described 
                        in clause (i) by the date that is 30 days after 
                        receiving the request, the lead or facilitating 
                        agency, as applicable, shall notify the 
                        Executive Director, who shall publish an 
                        appropriate notice on the Dashboard.
                            (iii) Publication to dashboard.--On 
                        publication of a notice under clause (ii), the 
                        deadlines in the permitting timetable shall be 
                        tolled and agencies shall be relieved of the 
                        obligation to comply with subparagraph (F) 
                        until such time as the project sponsor submits 
                        to the facilitating or lead agency, as 
                        applicable, an updated statement regarding the 
                        technical and financial ability of the project 
                        sponsor to construct the project.
            (3) Cooperating state, local, or tribal governments.--
                    (A) In general.--To the maximum extent practicable 
                under applicable law, the facilitating or lead agency, 
                as applicable, shall coordinate the Federal 
                environmental review and authorization processes 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 completion of environmental reviews and 
                authorizations.
                    (B) Memorandum of understanding.--
                            (i) In general.--Any coordination plan 
                        between the facilitating or lead agency, as 
                        applicable, and any State, local, or tribal 
                        agency shall, to the maximum extent 
                        practicable, be included in a memorandum of 
                        understanding.
                            (ii) Submission to executive director.--The 
                        facilitating or lead agency, as applicable, 
                        shall submit to the Executive Director each 
                        memorandum of understanding described in clause 
                        (i).
    (d) Early Consultation.--The facilitating or lead agency, as 
applicable, shall provide an expeditious process for project sponsors 
to confer with each cooperating and participating agency involved and, 
not later than 60 days after the date on which the project sponsor 
submits a request under this subsection, to have each such agency 
provide to the project sponsor information concerning--
            (1) the availability of information and tools, including 
        pre-application toolkits, to facilitate early planning efforts;
            (2) key issues of concern to each agency and to the public; 
        and
            (3) issues that must be addressed before an environmental 
        review or authorization can be completed.
    (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.

    (a) In General.--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.
    (b) Regional Infrastructure.--For the purpose of this Act, a 
regional infrastructure development agency referred to in subsection 
(a) shall have the same authorities and responsibilities of a State 
agency.

SEC. 6. COORDINATION OF REQUIRED REVIEWS.

    (a) Concurrent Reviews.--To integrate environmental reviews and 
authorizations, each agency shall, to the maximum extent practicable--
            (1) carry out the obligations of the agency with respect to 
        a covered project under any other applicable law concurrently, 
        and in conjunction with, other environmental reviews and 
        authorizations being conducted by other cooperating or 
        participating agencies, including environmental reviews and 
        authorizations required under NEPA, unless the agency 
        determines that doing so would impair the ability of the agency 
        to carry out the statutory obligations of the agency; 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, Incorporation by Reference, and Use of Documents.--
            (1) State environmental documents; supplemental 
        documents.--
                    (A) Use of existing documents.--
                            (i) In general.--On the request of a 
                        project sponsor, a lead agency shall consider 
                        and, as appropriate, adopt or incorporate by 
                        reference, the analysis and documentation that 
                        has been prepared for a covered project under 
                        State laws and procedures as the documentation, 
                        or part of the documentation, required to 
                        complete an environmental review for the 
                        covered project, if the analysis and 
                        documentation were, as determined by the lead 
                        agency in consultation with the Council on 
                        Environmental Quality, prepared under 
                        circumstances that allowed for opportunities 
                        for public participation and consideration of 
                        alternatives and environmental consequences 
                        that are substantially equivalent to what would 
                        have been available had the documents and 
                        analysis been prepared by a Federal agency 
                        pursuant to NEPA.
                            (ii) Guidance by ceq.--The Council on 
                        Environmental Quality may issue guidance to 
                        carry out this subsection.
                    (B) NEPA obligations.--An environmental document 
                adopted under subparagraph (A) or a document that 
                includes documentation incorporated under subparagraph 
                (A) may serve as the documentation required for an 
                environmental review or a supplemental environmental 
                review required to be prepared by a lead agency under 
                NEPA.
                    (C) Supplementation of state documents.--If the 
                lead agency adopts or incorporates analysis and 
                documentation described in subparagraph (A), the lead 
                agency shall prepare and publish a supplemental 
                document if the lead agency determines that during the 
                period after preparation of the analysis and 
                documentation and before the adoption or 
                incorporation--
                            (i) a significant change has been made to 
                        the covered project that is relevant for 
                        purposes of environmental review of the 
                        project; or
                            (ii) there has been a significant 
                        circumstance or new information has emerged 
                        that is relevant to the environmental review 
                        for the covered project.
                    (D) Comments.--If a lead agency prepares and 
                publishes a supplemental document under subparagraph 
                (C), the lead agency shall solicit comments from other 
                agencies and the public on the supplemental document 
                for a period of not more than 45 days, beginning on the 
                date on which the supplemental document is published, 
                unless--
                            (i) the lead agency, the project sponsor, 
                        and any cooperating agency agree to a longer 
                        deadline; or
                            (ii) the lead agency extends the deadline 
                        for good cause.
                    (E) Notice of outcome of environmental review.--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 engage 
        cooperating agencies in determining the range of alternatives 
        to be considered for a covered 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 covered project.
            (3) Methodologies.--
                    (A) In general.--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 
                covered project.
                    (B) Environmental review.--A cooperating agency 
                shall use the methodologies referred to in subparagraph 
                (A) when conducting any required environmental review, 
                to the extent consistent with existing law.
            (4) Preferred alternative.--With the concurrence of the 
        cooperating agencies and 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 less than 45 days and 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 any 
                cooperating agency agree to a longer deadline; or
                    (B) the lead agency extends the deadline for good 
                cause.
            (2) Other review and comment periods.--For all other review 
        or comment periods in the environmental review process 
        described in parts 1500 through 1508 of title 40, Code of 
        Federal Regulations (or successor regulations), the lead agency 
        shall establish a comment period of not more than 45 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 any 
                cooperating agency agree to a longer deadline; or
                    (B) the lead agency extends the deadline for good 
                cause.
    (e) Issue Identification and Resolution.--
            (1) Cooperation.--The lead agency and each cooperating and 
        participating agency shall work cooperatively in accordance 
        with this section to identify and resolve issues that could 
        delay completion of an environmental review or an authorization 
        required for the project under applicable law or result in the 
        denial of any approval under applicable law.
            (2) Lead agency responsibilities.--
                    (A) In general.--The lead agency shall make 
                information available to each cooperating and 
                participating agency and project sponsor 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) Cooperating and participating agency 
        responsibilities.--Each cooperating and participating agency 
        shall--
                    (A) identify, as early as practicable, any issues 
                of concern regarding any potential environmental 
                impacts of the covered project, including any issues 
                that could substantially delay or prevent an agency 
                from completing any environmental review or 
                authorization required for the project; and
                    (B) communicate any issues described in 
                subparagraph (A) to the project sponsor.
    (f) Categories of Projects.--The authorities granted under this 
section may be exercised for an individual covered project or a 
category of covered projects.

SEC. 7. DELEGATED STATE PERMITTING PROGRAMS.

    (a) In General.--If a Federal statute permits a Federal agency to 
delegate to or otherwise authorize a State to issue or otherwise 
administer a permit program in lieu of the Federal agency, the Federal 
agency with authority to carry out the statute shall--
            (1) on publication by the Council of best practices under 
        section 3(c)(2)(B), initiate a national process, with public 
        participation, to determine whether and the extent to which any 
        of the best practices are generally applicable on a delegation- 
        or authorization-wide basis to permitting under the statute; 
        and
            (2) not later than 2 years after the date of enactment of 
        this Act, make model recommendations for State modifications of 
        the applicable permit program to reflect the best practices 
        described in section 3(c)(2)(B), as appropriate.
    (b) Best Practices.--Lead and cooperating agencies may share with 
State, tribal, and local authorities best practices involved in review 
of covered projects and invite input from State, tribal, and local 
authorities regarding best practices.

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 2 years 
                after the date of publication in the Federal Register 
                of the final record of decision or approval or denial 
                of a permit, 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 or a party that lacked a reasonable 
                        opportunity to submit a comment; and
                            (ii) a party filed a sufficiently detailed 
                        comment so as 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) Separate action.--If Federal law requires the 
                preparation of a supplemental environmental impact 
                statement or other supplemental environmental document, 
                the preparation of such document shall be considered a 
                separate final agency action and the deadline for 
                filing a claim for judicial review of the agency action 
                shall be 2 years after the date on which a notice 
                announcing the final agency action is published in the 
                Federal Register, unless a shorter time is specified in 
                the Federal law under which judicial review is allowed.
            (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, 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 effects on public health, safety, and the 
        environment, the potential for significant job losses, and 
        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 competent jurisdiction.
    (d) Savings Clause.--Nothing in this Act--
            (1) supersedes, amends, or modifies any Federal 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 for 10 years 
beginning on the date of enactment of this Act, the Executive Director 
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 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 subsection (a).

SEC. 10. FUNDING FOR GOVERNANCE, OVERSIGHT, AND PROCESSING OF 
              ENVIRONMENTAL REVIEWS AND PERMITS.

    (a) In General.--The heads of agencies listed in section 
3(b)(2)(B), with the guidance of the Director of the Office of 
Management and Budget and in consultation with the Executive Director, 
may, after public notice and opportunity for comment, issue regulations 
establishing a fee structure for project proponents to reimburse the 
United States for reasonable costs incurred in conducting environmental 
reviews and authorizations for covered projects.
    (b) Reasonable Costs.--As used in this section, the term 
``reasonable costs'' shall include costs to implement the requirements 
and authorities required under sections 3 and 4, including the costs to 
agencies and the costs of operating the Council.
    (c) Fee Structure.--The fee structure established under subsection 
(a) shall--
            (1) be developed in consultation with affected project 
        proponents, industries, and other stakeholders;
            (2) exclude parties for which the fee would impose an undue 
        financial burden or is otherwise determined to be 
        inappropriate; and
            (3) be established in a manner that ensures that the 
        aggregate amount of fees collected for a fiscal year is 
        estimated not to exceed 20 percent of the total estimated costs 
        for the fiscal year for the resources allocated for the conduct 
        of the environmental reviews and authorizations covered by this 
        Act, as determined by the Director of the Office of Management 
        and Budget.
    (d) Environmental Review and Permitting Improvement Fund.--
            (1) In general.--All amounts collected pursuant to this 
        section shall be deposited into a separate fund in the Treasury 
        of the United States to be known as the ``Environmental Review 
        Improvement Fund'' (referred to in this section as the 
        ``Fund'').
            (2) Availability.--Amounts in the Fund shall be available 
        to the Executive Director, without appropriation or fiscal year 
        limitation, solely for the purposes of administering, 
        implementing, and enforcing this Act, including the expenses of 
        the Council.
            (3) Transfer.--The Executive Director, with the approval of 
        the Director of the Office of Management and Budget, may 
        transfer amounts in the Fund to other agencies to facilitate 
        timely and efficient environmental reviews and authorizations 
        for proposed covered projects.
    (e) Effect on Permitting.--The regulations adopted pursuant to 
subsection (a) shall ensure that the use of funds accepted under 
subsection (d) will not impact impartial decision-making with respect 
to environmental reviews or authorizations, either substantively or 
procedurally.
    (f) Transfer of Appropriated Funds.--The heads of agencies listed 
in section 3(b)(2)(B) shall have the authority to transfer funds 
appropriated to those agencies and not otherwise obligated for the 
development of infrastructure projects, or the environmental review and 
authorization of infrastructure projects, among affected Federal 
agencies to implement the provisions of this Act in accordance with 
section 1535 of title 31, United States Code.

SEC. 11. APPLICATION.

    This Act applies to any covered project for which--
            (1) a notice is filed under section 4(a)(1); or
            (2) an application or other request for a Federal 
        authorization is pending before a Federal agency 90 days after 
        the date of enactment of this Act.
            Amend the title so as to read: ``A bill to improve the 
        efficiency, management, and interagency coordination of the 
        Federal permitting process, and for other purposes.''.
                                                       Calendar No. 193

114th CONGRESS

  1st Session

                                 S. 280

                          [Report No. 114-113]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             August 4, 2015

        Reported with an amendment and an amendment to the title