[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1976 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1976

 To amend the FAST Act to improve the Federal permitting process, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2019

  Mr. Portman introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the FAST Act to improve the Federal permitting process, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Permitting Reform and Jobs 
Act''.

SEC. 2. FEDERAL PERMITTING IMPROVEMENT.

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