[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4679 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4679
To amend title XLI of the FAST Act to improve the Federal permitting
process, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11 (legislative day, July 10), 2024
Mr. Peters introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title XLI of 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 ``Permitting Council Improvement Act
of 2024''.
SEC. 2. FEDERAL PERMITTING IMPROVEMENT.
(a) Definitions.--Section 41001(6) of the FAST Act (42 U.S.C.
4370m(6)) is amended--
(1) in subparagraph (B)--
(A) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively, and indenting
appropriately;
(B) in the matter preceding subclause (I) (as so
redesignated), by striking ``The term'' and inserting
the following:
``(i) In general.--Subject to clause (ii),
the term''; and
(C) by adding at the end the following:
``(ii) Clarification for requirements
needed to complete environmental reviews and
authorizations of covered projects.--
Notwithstanding clause (i), the Department of
Transportation or Army Corps of Engineers shall
be subject to the requirements and other
provisions of this title for any environmental
review or authorization that the agency is
required to complete, subject to the conditions
that the project is a covered project and is
not 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), as applicable.''; and
(2) by adding at the end the following:
``(D) Clarification.--For purposes of subparagraph
(A)(iii)(III), an activity shall be considered to be
located on land owned or under the jurisdiction of a
sponsoring entity if any part of the activity is
located on that land.''.
(b) Federal Permitting Improvement Steering Council.--
(1) In general.--Section 41002 of the FAST Act (42 U.S.C.
4370m-1) is amended--
(A) in subsection (b)(1)(A), by inserting ``, in
consultation with the majority leader of the Senate,
the Speaker of the House of Representatives, the
minority leader of the Senate, and the minority leader
of the House of Representatives'' after ``President'';
and
(B) in subsection (c)--
(i) in paragraph (1)--
(I) by striking subparagraph (C);
(II) by redesignating subparagraph
(D) as subparagraph (C);
(III) in subparagraph (C) (as so
redesignated), in the matter preceding
clause (i), by striking ``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'' and inserting ``may issue
guidance, as necessary,''; and
(IV) by inserting after
subparagraph (C) (as so redesignated)
the following:
``(D) Clarification of responsibilities.--Any
guidance issued by the Executive Director under
subparagraph (C)(i)--
``(i) shall be consistent with the
implementing regulations for NEPA promulgated
by the Chair of the Council on Environmental
Quality and contained in subchapter A of
chapter V of title 40, Code of Federal
Regulations (or successor regulations); and
``(ii) shall not supersede those
regulations with respect to the implementation
of NEPA.''; and
(ii) in paragraph (2)(B), in the matter
preceding clause (i), by striking ``covered
projects'' and inserting ``covered projects and
other projects in sectors described in section
41001(6)(A)''.
(2) Conforming amendments.--
(A) Section 41002(c)(2)(A)(i) of the FAST Act (42
U.S.C. 4370m-1(c)(2)(A)(i)) is amended by striking
``and the performance schedules under paragraph
(1)(C)''.
(B) Section 41003(c)(2)(B) of the FAST Act (42
U.S.C. 4370m-2(c)(2)(B)) is amended, in the matter
preceding clause (i), by striking ``follow'' and all
that follows through ``relevant factors,'' and
inserting ``take into account relevant factors,''.
(c) Permitting Process Improvement.--Section 41003 of the FAST Act
(42 U.S.C. 4370m-2) is amended--
(1) in subsection (a)(1)(C)--
(A) by redesignating clauses (ii) through (v) as
clauses (iii) through (vi), respectively; and
(B) by inserting after clause (i) the following:
``(ii) a statement of the total investment
required to plan, design, and construct the
proposed project;''; and
(2) in subsection (c)(2)--
(A) in subparagraph (C)--
(i) by striking clause (i) and inserting
the following:
``(i) In general.--The Executive Director,
in consultation with appropriate agency
officials and the project sponsor, shall, as
necessary, mediate any disputes identified by
the project sponsor or appropriate agency
official for any affected agency relating to
the content or timing of the permitting
timetable established under subparagraph
(A).'';
(ii) by redesignating clauses (ii) and
(iii) as clauses (iii) and (iv), respectively;
(iii) by inserting after clause (i) the
following:
``(ii) Modified permitting timetable.--
``(I) In general.--As part of
mediating a dispute relating to the
content or timing of the permitting
timetable established under
subparagraph (A), the Executive
Director may--
``(aa) propose a new
permitting timetable, or
modifications to a previously
adopted permitting timetable,
to resolve the dispute; and
``(bb) recommend that the
affected agencies adopt that
new or modified permitting
timetable.
``(II) Review and response.--Each
affected agency shall have 7 business
days to review and respond to the new
or modified permitting timetable
proposed under subclause (I)(aa) and if
the agency determines that the agency
is unable to adopt that new or modified
timetable, that agency shall submit to
the Executive Director, in writing, an
explanation describing the reasons why
the new or modified timetable is not
feasible.''; and
(iv) in clause (iv) (as so redesignated),
in the mattering preceding subclause (I), by
striking ``clause (ii)'' and inserting ``clause
(iii)'';
(B) in subparagraph (D)--
(i) in clause (i)--
(I) in subclause (II), by inserting
``or alternative completion date''
after ``completion date''; and
(II) in subclause (IV)--
(aa) by striking ``final''
each place it appears;
(bb) by inserting ``or
alternative completion date
that is the final action''
before ``under a permitting
timetable''; and
(cc) by inserting ``or
alternative completion date
established under clause (v)''
before ``, the facilitating or
lead agency'';
(ii) in clause (ii)--
(I) by inserting ``or alternative
completion date established under
clause (v), as applicable,'' after ``A
completion date''; and
(II) by inserting ``or alternative
completion date, as applicable'' after
``the completion date''; and
(iii) by adding at the end the following:
``(v) Alternative completion date.--
``(I) In general.--If a Federal
agency has missed or will miss an
intermediate or final completion date
originally established under
subparagraph (A) for agency action on a
covered project and fails to comply
with the process for modification of a
permitting timetable under clause (i),
not later than 15 days after that
intermediate or final completion date,
the agency, in consultation with the
facilitating or lead agency, as
applicable, any relevant cooperating
and participating agencies, and the
project sponsor, shall submit to the
Executive Director an alternative
completion date for publication on the
Dashboard.
``(II) Treatment.--An alternative
completion date submitted under
subclause (I) shall be subject to the
same requirements for modification as
other intermediate and final completion
dates in the permitting timetable
originally established under
subparagraph (A).'';
(C) in subparagraph (F)--
(i) in the subparagraph heading, by
striking ``Conforming to'' and inserting
``Compliance with'';
(ii) in clause (i), by striking ``conform
to'' and inserting ``comply with''; and
(iii) by striking clause (ii) and inserting
the following:
``(ii) Failure to comply.--
``(I) In general.--If a Federal
agency fails to comply with an
intermediate or final completion date
for the agency action on a covered
project, not later than 5 business days
after the date on which the
intermediate or final completion date
has been or will be missed, the agency
shall submit to the Executive Director
for publication on the Dashboard an
explanation of--
``(aa) the specific reasons
for failing to comply with the
completion date; and
``(bb) actions the agency
will carry out to avoid
additional delays, including
actions to comply with the
alternative completion date
established under subparagraph
(D)(v).
``(II) Status report.--If a Federal
agency fails to comply with
requirements to establish a permitting
timetable or the requirement to
establish an alternative completion
date under subparagraph (D)(v), each
month until the month in which the
Federal agency has established the
permitting timetable or alternative
completion date under that
subparagraph, the Federal agency shall
submit to the Executive Director for
posting on the Dashboard a status
report describing agency activity
related to the project and actions to
support the establishment of a
permitting timetable or alternative
completion date under that
subparagraph.'';
(D) by redesignating subparagraph (G) as
subparagraph (H); and
(E) by inserting after subparagraph (F) the
following:
``(G) Posting and reporting agency noncompliance
with permitting timetable modification and
noncompliance procedures.--
``(i) In general.--Agency noncompliance
with the permitting timetable modification
procedures under subparagraph (D) or the
compliance requirements under subparagraph (F)
constitutes noncompliance with this title.
``(ii) Indication of noncompliance.--The
Executive Director shall post on the Dashboard,
consistent with the requirements of subsection
(b)(4)(B), all instances of agency
noncompliance with permitting timetables
described under subparagraphs (D) and (F).
``(iii) Quarterly report.--
``(I) In general.--The Executive
Director shall include in the quarterly
agency performance report submitted to
Congress pursuant to section
41008(a)(2) all new and ongoing
instances of agency noncompliance with
subparagraphs (D) and (F).
``(II) Inclusion of project sponsor
comments.--The Executive Director shall
offer the relevant project sponsor of a
covered project that is in
noncompliance with subparagraph (D) or
(F) the opportunity to provide for
inclusion in the quarterly agency
performance report submitted to
Congress pursuant to section
41008(a)(2) the views of the project
sponsor with respect to--
``(aa) the cause of delay
and agency noncompliance; and
``(bb) ways to avoid those
delays and noncompliance in the
future.''.
(d) Reports.--
(1) Reports to congress.--
(A) In general.--Section 41008 of the FAST Act (42
U.S.C. 4370m-7) is amended--
(i) by striking the section designation and
heading and all that follows through ``Not
later than'' in subsection (a)(1)(A) and
inserting the following:
``SEC. 41008. REPORTS TO CONGRESS.
``(a) Executive Director Annual Report.--
``(1) In general.--Not later than'';
(ii) by striking subsection (b); and
(iii) in subsection (a)--
(I) by redesignating paragraphs (2)
and (3) as subsections (b) and (c),
respectively, and indenting
appropriately; and
(II) in paragraph (1) (as so
amended)--
(aa) by striking
``Infrastructure Investment and
Jobs Act'' and inserting
``Permitting Council
Improvement Act of 2024'';
(bb) by striking ``fiscal
year.'' and inserting the
following: ``fiscal year, which
shall include--
``(i) a summary of permitting timetable
trends for sectors described in section
41001(6)(A), including a description of
contributing factors that affect project
timelines;
``(ii)(I) descriptions of activities
carried out by the Council in furtherance of
its role as a Federal center for permitting
excellence; and
``(II) an analysis of how those activities
have affected Federal permitting processes and
authorizations;
``(iii) a description of each transfer made
under section 41009(c)(3), including the amount
of funds transferred and to whom the funds were
transferred; and
``(iv) any other information the Executive
Director determines relevant to report on
implementation of this title.'';
(cc) by redesignating
subparagraph (B) as paragraph
(2) and indenting
appropriately; and
(dd) in paragraph (2) (as
so redesignated), by striking
``subparagraph (A)'' and
inserting ``paragraph (1)''.
(B) Clerical amendment.--The table of contents
contained in section 1(b) of the FAST Act (Public Law
114-94; 129 Stat. 1319) is amended by striking the item
relating to section 41008 and inserting the following:
``Sec. 41008. Reports to Congress.''.
(2) One-time reports.--
(A) Report on permitting workforce.--Not later than
18 months after the date of enactment of this Act, the
Executive Director of the Federal Permitting
Improvement Steering Council, in consultation with the
Director of the Office of Personnel Management and the
Director of the Office of Management and Budget, shall
submit to Congress a report that--
(i) assesses current and projected needs in
human capital at Federal agencies responsible
for issuing permits; and
(ii) makes recommendations for how to
improve the Federal permitting workforce.
(B) Report on dashboard.--Not later than 18 months
after the date of enactment of this Act, the Executive
Director of the Federal Permitting Improvement Steering
Council, in coordination with the Secretary of
Transportation and Administrator of General Services,
shall submit to Congress a report that assesses, and
makes recommendations on how to improve--
(i) the usability of the Permitting
Dashboard required under section 41003(b) of
the FAST Act (42 U.S.C. 4370m-2(b)); and
(ii) the quality and usefulness of
information on the Dashboard.
(C) Inclusion in annual reports.--The reports
required under subparagraphs (A) and (B) may be
included in an annual report required to be submitted
to Congress pursuant to subsection (a)(1) of section
41008 of the FAST Act (42 U.S.C. 4370m-7) (as amended
by paragraph (1)(A)).
(3) Repeal of gao report.--
(A) In general.--Section 41011 of the FAST Act (42
U.S.C. 4370m-10) is repealed.
(B) Clerical amendment.--The table of contents
contained in section 1(b) of the FAST Act (Public Law
114-94; 129 Stat. 1319) is amended by striking the item
relating to section 41011.
(e) 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) in subsection (a), by striking ``projects to reimburse
the United States for reasonable costs incurred in conducting
environmental reviews and authorizations for covered
projects.'' and inserting ``projects.'';
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Fee Structure.--The fee structure established under
subsection (a) shall--
``(1) enable the Executive Director to assess appropriate
fees for each covered project based on relevant factors,
including--
``(A) the total investment required for the covered
project stated by the project sponsor in the notice of
the initiation of a proposed covered project pursuant
to section 41003(a)(1);
``(B) the anticipated complexity of the
environmental review and authorization process for the
covered project; and
``(C) the resources available to each participating
agency to conduct environmental reviews and issue
authorizations for the covered project;
``(2) be developed in consultation with affected project
proponents, industries, and other stakeholders;
``(3) not exceed 1 percent of the total investment required
for the covered project stated by the project sponsor in the
notice of the initiation of a proposed covered project pursuant
to section 41003(a)(1); and
``(4) exclude parties for which the fee would impose an
undue financial burden or is otherwise determined to be
inappropriate.'';
(3) by redesignating subsections (d) through (f) as
subsections (c) through (e), respectively;
(4) in subsection (c) (as so redesignated)--
(A) in paragraph (2), by inserting ``making
investments to improve Federal environmental reviews
and authorizations and supporting infrastructure
permitting processes,'' after ``agency project
managers,''; and
(B) by striking paragraph (3) and inserting the
following:
``(3) Transfer.--For the purpose of carrying out this
title, the Executive Director, in consultation with the
Director of the Office of Management and Budget, may transfer
amounts in the Fund to other Federal agencies, State and local
governments, Indian Tribes (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)), Alaska Native Corporations, and Native Hawaiian
organizations (as defined in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517)) (including
the Department of Hawaiian Home Lands and the Office of
Hawaiian Affairs) to facilitate timely and efficient
environmental reviews and authorizations, including activities
described in paragraph (2), for covered projects and other
projects in sectors described in section 41001(6)(A), including
direct reimbursement agreements with agency CERPOs,
reimbursable agreements, and approval and consultation
processes and staff for covered projects and other projects in
sectors described in section 41001(6)(A).
``(4) Authorization of appropriations.--
``(A) In general.--In addition to amounts deposited
in the Fund under paragraph (1), there are authorized
to be appropriated for deposit in the Fund--
``(i) for fiscal year 2025, $12,000,000;
``(ii) for fiscal year 2026, $13,500,000;
``(iii) for fiscal year 2027, $15,000,000;
``(iv) for fiscal year 2028, $16,500,000;
``(v) for fiscal year 2029, $18,000,000;
``(vi) for fiscal year 2030, $19,500,000;
and
``(vii) for fiscal year 2031, $21,000,000.
``(B) Availability.--Amounts made available
pursuant to subparagraph (A) shall remain available
until expended.''; and
(5) in subsection (d) (as so redesignated), by striking
``subsection (d)'' and inserting ``subsection (c)''.
(f) Savings Clause Modification.--Section 11503 of the FAST Act
(Public Law 114-94; 129 Stat. 1691) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
(g) Technical Amendment.--The table of contents contained in
section 1(b) of the FAST Act (Public Law 114-94; 129 Stat. 1319) is
amended by striking the item relating to section 41013.
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