[Senate Report 116-241]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 499

116th Congress }                                           { Report
                            SENATE 
 2d Session    }                                           { 116-241        
_______________________________________________________________________



                     FEDERAL PERMITTING REFORM AND 
                                JOBS ACT

                               __________

                              R E P O R T

                                OF THE

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              TO ACCOMPANY

                                S. 1976

                  TO AMEND THE FAST ACT TO IMPROVE THE
           FEDERAL PERMITTING PROCESS, AND FOR OTHER PURPOSES



            [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]



                 July 29, 2020.--Ordered to be printed
                 
                               __________
                 
               U.S. GOVERNMENT PUBLISHING OFFICE               

99-010                  WASHINGTON : 2020




                 
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio                    GARY C. PETERS, Michigan
RAND PAUL, Kentucky                  THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma             MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah                    KAMALA D. HARRIS, California
RICK SCOTT, Florida                  KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming             JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri

                Gabrielle D'Adamo Singer, Staff Director
                   Joseph C. Folio III, Chief Counsel
       Patrick J. Bailey, Chief Counsel for Governmental Affairs
               David M. Weinberg, Minority Staff Director
               Zachary I. Schram, Minority Chief Counsel
          Yogin J. Kothari, Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk
                     
                     
                     
                     

                                                       Calendar No. 499
                                                       
116th Congress }                                           { Report
                            SENATE 
 2d Session    }                                           { 116-241       

======================================================================



 
                 FEDERAL PERMITTING REFORM AND JOBS ACT

                                _______
                                

                 July 29, 2020.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 1976]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 1976), to amend the 
FAST Act to improve the Federal permitting process, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment (in the nature of a substitute) and 
recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary.............................................01
 II. Background and Need for the Legislation.........................02
III. Legislative History.............................................03
 IV. Section-by-Section Analysis.....................................05
  V. Evaluation of Regulatory Impact.................................07
 VI. Congressional Budget Office Cost Estimate.......................07
VII. Changes in Existing Law Made by the Bill, as Reported...........09

                         I. Purpose and Summary

    In 2015, the Fixing America's Surface Transportation (FAST) 
Act was signed into law. Title 41 of the FAST Act (FAST-41) 
established a Federal Infrastructure Permitting Improvement 
Steering Council (Permitting Council) to improve the efficiency 
of the permitting process for the Federal approval of major 
infrastructure projects. The Council was subject to a seven-
year sunset. S. 1976, the Federal Permitting Reform and Jobs 
Act, permanently authorizes the Permitting Council established 
under FAST-41.\1\ S. 1976 also expands the definition of 
projects covered under FAST-41, sets a two-year goal for 
permitting covered projects, and improves the administrative 
functioning of the Council.
---------------------------------------------------------------------------
    \1\See 42 U.S.C. Sec. Sec.  4370m-4370m-12.
---------------------------------------------------------------------------

              II. Background and Need for the Legislation

    FAST-41's primary policy goals were to improve the 
efficiency and transparency of the Federal permitting process 
and enhance coordination, planning, and deadline-setting for 
major infrastructure projects.\2\ In order to accomplish these 
goals, FAST-41 established an interagency body, the Permitting 
Council, which is comprised of councilmembers from all major 
Federal permitting agencies and chaired by a presidentially-
appointed Executive Director.\3\ The Permitting Council's 
jurisdiction applies to projects subject to the National 
Environmental Policy Act (NEPA), specifically those relating to 
``renewable and conventional energy production, electricity 
transmission, aviation, ports and waterways, broadband, 
pipelines, and manufacturing,'' and expected to cost over $200 
million, and do not qualify for other abbreviated environmental 
review processes.\4\ Infrastructure project sponsors 
participate voluntarily and the Permitting Council assists by 
designating a single agency point of contact and working with 
Federal and state agencies to develop a Coordinated Project 
Plan, which outlines all required permits and studies and the 
timeline for completion. In addition to the creation of the 
Council, FAST-41 also sought to improve transparency in the 
permitting process by establishing a Permitting Dashboard to 
allow the public to track any Federal environmental review or 
authorization for a project covered under FAST-41 and reduce 
liability risk for project sponsors by reducing the statute of 
limitations to two years.\5\ FAST-41 is subject to a seven-year 
sunset, which will expire in December 2022.\6\
---------------------------------------------------------------------------
    \2\S. Rep. No. 114-113, at 3.
    \3\42 U.S.C. Sec.  4370m-1.
    \4\S. Rep. No. 114-113, at 3.
    \5\42 U.S.C. Sec.  4370m-2.
    \6\42 U.S.C. Sec.  4370m-12.
---------------------------------------------------------------------------
    Since the FAST Act was enacted in December 2015, the 
Committee's Permanent Subcommittee on Investigations (PSI) has 
held multiple oversight hearings and a roundtable to assess the 
policy outcomes resulting from the implementation of FAST-
41.\7\ With regard to FAST-41's successes, in 2018, then-Acting 
Director of the Permitting Council, Angela Colamaria, testified 
at a PSI roundtable that FAST-41 had saved more than $1 billion 
``in costs that would have otherwise resulted from avoidable 
permitting process delays'' and reduced the permitting schedule 
for a major costal restoration project by nearly two years.\8\ 
At the same roundtable, an Executive Director for the U.S. 
Chamber of Commerce testified that due to FAST-41, project 
sponsors are better able to raise investment capital due to the 
reduced uncertainty created by FAST-41's ``clear, fixed project 
timeline[s].''\9\ More recently, the Secretary-Treasurer of 
North America's Building Trades Union testified at a 2019 PSI 
oversight hearing that FAST-41's requirements for coordination 
among agencies, deadline transparency, and litigation reforms 
give more certainty to the permitting process, which helps 
ensure good jobs for construction workers without reducing 
protections for the environment, public health, or worker 
safety.\10\
---------------------------------------------------------------------------
    \7\Cutting Through the Red Tape: Oversight of Federal 
Infrastructure Permitting and the Federal Permitting Improvement 
Steering Council, Hearing Before the S. Permanent Subcomm. on 
Investigations of the S. Homeland Security and Governmental Affairs 
Comm., 115th Cong. (2017); Oversight of Federal Infrastructure 
Permitting and FAST-41 Hearing Before the S. Permanent Subcomm. on 
Investigations of the S. Homeland Security and Governmental Affairs 
Comm., 116th Cong. (2019); FAST-41 and the Federal Permitting 
Improvement Steering Council: Progress to Date and Next Steps, 
Roundtable Before the S. Permanent Subcomm. on Investigations of the S. 
Homeland Security and Governmental Affairs Comm., 115th Cong. (2018).
    \8\Id.
    \9\Oversight of Federal Infrastructure Permitting and FAST-41 
Hearing Before the S. Permanent Subcomm. on Investigations of the S. 
Homeland Security and Governmental Affairs Comm., 116th Cong. (2019) 
(statement of Joseph M. Johnson, Ph.D., Executive Director, Federal 
Regulatory Process Review and Analysis, Environment, Technology, and 
Regulatory Affairs, U.S. Chamber of Commerce).
    \10\Cutting Through the Red Tape: Oversight of Federal 
Infrastructure Permitting and the Federal Permitting Improvement 
Steering Council, Hearing Before the S. Permanent Subcomm. on 
Investigations of the S. Homeland Security and Governmental Affairs 
Comm., 115th Cong. (2017) (statement of Brent Booker, Secretary-
Treasurer, North America's Building Trades Unions).
---------------------------------------------------------------------------
    For major infrastructure projects, the environmental review 
and authorization process is often complex and time-consuming. 
According to the Council on Environmental Quality's (CEQ) 
review of 1,161 environmental impact statements (EIS) for 
projects subject to the NEPA published between January 1, 2010 
and December 31, 2017, the average EIS completion time--from 
notice of initiation to record of decision--was 4.5 years, and 
the median was 3.6 years.\11\ Additionally, the same review 
noted that the permitting process for a quarter of the projects 
took more than six years to complete.\12\ Recognizing the 
significant amount of time needed to complete an EIS, on August 
15, 2017, President Trump issued Executive Order 13807, 
Establishing Discipline and Accountability in the Environmental 
Review and Permitting Process for Infrastructure Projects, 
which established a goal for Federal agencies to complete ``all 
Federal environmental reviews and authorization decisions for 
major infrastructure projects within [two] years.''\13\ S. 1976 
would codify the two-year goal for the completion of all 
environmental reviews and authorizations for major 
infrastructure projects.
---------------------------------------------------------------------------
    \11\Exec. Office of the President, Council on Environmental 
Quality, Environmental Impact Statement Timelines (2010-2017) (Dec. 14, 
2018), available at: https://www.whitehouse.gov/wp-content/uploads/
2017/11/CEQ-EIS-Timelines-Report.pdf.
    \12\Id.
    \13\Exec. Order No. 13,807, 82 Fed. Reg. 40463 (Aug. 24, 2017).
---------------------------------------------------------------------------
    According to the Permitting Council's Annual Report to 
Congress for Fiscal Year (FY) 2019, in FY2019 alone, 
environmental review times for projects covered under FAST-41 
were reduced by one and a half years and assisted in the 
creation of over 127,000 temporary construction jobs and more 
than 3,000 permanent jobs in the U.S.\14\ Additionally, the 
Permitting Council's efforts have been estimated to have saved 
over $1 billion through avoided permitting delays.\15\
---------------------------------------------------------------------------
    \14\Permitting Council, Annual Report to Congress: Permitting 
Council Helping Deliver Needed Infrastructure for America, (May 21, 
2020), available at: https://cms8.permits.performance.gov/sites/
permits.dot.gov/files/2020-05/ARC%20Press%20Release_5-21-2020_0.pdf.
    \15\FAST-41 and the Federal Permitting Improvement Steering 
Council: Progress to Date and Next Steps, Roundtable Before the S. 
Permanent Subcomm. on Investigations of the S. Homeland Security and 
Governmental Affairs Comm., 115th Cong. (2018).
---------------------------------------------------------------------------
    The seven-year sunset on FAST-41 creates uncertainty both 
for sponsors of current covered projects and for sponsors who 
are considering whether to request for their projects to be 
covered. Voluntary engagement by sponsors of major 
infrastructure projects with the Permitting Council is likely 
to be hampered by FAST-41's expiring sunset. As one current 
FAST-41 project sponsor testified regarding whether to apply 
for a new project to be covered, ``if I were to submit a 
project and I knew it was going to sunset and . . . be in the 
middle and couldn't take advantage of that, that would be 
problematic. So I think it's really important to continue 
this.''\16\ Removing the sunset will eliminate this uncertainty 
and encourage more project sponsors to apply for their projects 
to be covered by FAST-41.
---------------------------------------------------------------------------
    \16\Oversight of Federal Infrastructure Permitting and FAST-41 
Hearing Before the S. Permanent Subcomm. on Investigations of the S. 
Homeland Security and Governmental Affairs Comm., 116th Cong. (2019) 
(statement of Laura Abram, Director, Project Execution and Public 
Affairs, First Solar).
---------------------------------------------------------------------------
    S. 1976 would eliminate the sunset provision in the FAST 
Act allowing the Permitting Council to continue to improve the 
permitting process for these large projects, and creating 
greater certainty for project sponsors who are already using 
the program. S. 1976 will also allow more projects from the 
transportation and water resources sectors to obtain the 
benefits of being a FAST-41 covered project.

                        III. Legislative History

    Senator Rob Portman (R-OH) introduced S. 1976 on June 26, 
2019. The bill was referred to the Senate Committee on Homeland 
Security and Governmental Affairs.
    The Committee considered S. 1976 at a business meeting on 
July 24, 2019. During the business meeting, Senator Portman 
offered a substitute amendment and Senator Kyrsten Sinema 
offered an amendment as modified.
    The Portman substitute amendment clarified that covered 
projects that are also subject to the expediting provisions of 
23 U.S.C. Sec.  139 are subject to the 150-day statute of 
limitations on lawsuits seeking judicial review of a permit, 
license, or approval issued by a Federal agency for a highway 
or public transportation capital project, rather than the two-
year statute of limitations provided in FAST-41. It also 
provided technical amendments to the bill.
    S. 1976 requires the lead or facilitating agency to create 
a checklist for each covered project to help project sponsors 
identify potential natural, cultural, and historic resources in 
the project area. Sinema Amendment 1 provided that the 
checklist must also be used to ensure that the project sponsor 
consults with any federally-recognized Indian tribe that 
attaches cultural or religious significance to the land 
affected by the project.
    The Committee adopted the Portman substitute amendment and 
Sinema Amendment 1 as modified en bloc by voice vote. Senators 
present for the vote on the amendments were Johnson, Portman, 
Paul, Lankford, Romney, Scott, Enzi, Hawley, Peters, Carper, 
Hassan, Sinema, and Rosen.
    The Committee favorably reported the bill, as amended, en 
bloc by voice vote. Senators present for the vote were: 
Johnson, Portman, Paul, Lankford, Romney, Scott, Enzi, Hawley, 
Peters, Carper, Hassan, Sinema, and Rosen. Senators Carper and 
Rosen asked to be recorded as voting ``no'' for the record.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1: Short title

    This section provides the bill's short title, the ``Federal 
Permitting Reform and Jobs Act.''

Section 2: Federal permitting improvement

    Subsection (a) provides definitions of terms used in the 
bill. It amends the definition of ``cooperating agency'' to 
align with the definition included in the Code of Federal 
Regulations at 40 C.F.R. Sec. 1508.5. In the definition of 
``covered project,'' it strikes the exclusion for 
transportation projects subject to 23 U.S.C. Sec. 139 and 33 
U.S.C. Sec. 2348. Those projects would be allowed to apply for 
covered status. It clarifies that to add new sectors from which 
the Permitting Council may consider projects to be covered 
projects, the Permitting Council only needs to follow the 
process of a majority vote set out in the original statute 
rather than engaging in the full Administrative Procedure Act 
informal rulemaking process.
    Subsection (b) provides that if an agency designates a new 
person to sit on the Permitting Council, the agency must notify 
the Permitting Council Executive Director within 30 days of the 
designation. It allows the Permitting Council additional 
flexibility in the elements it may consider for its annual 
report on the best practices for federal permitting by 
clarifying that the elements stated in statute are not the only 
elements the Permitting Council may consider. It adds a new 
element for potential inclusion in the annual best practices 
report regarding how the Executive Director and agencies can 
improve preliminary engagement with project sponsors in 
developing coordinated project plans.
    Subsection (b) also requires the Executive Director to 
report to Congress if agencies fail to reasonably implement the 
best practices for permitting processes, and it requires agency 
CERPOs to advise their agency councilmembers on agency 
compliance with interim and final permitting completion dates 
described in coordinated project plans. It clarifies that the 
agency designated to provide administrative support to the 
Permitting Council (currently, the General Services 
Administration) shall not be involved in policy decisions or 
substantive management of the Council or require the Permitting 
Council to comply with agency policies in carrying out its 
work.
    Subsection (c) specifies that if an agency designated as a 
participating or cooperating agency determines it has no 
jurisdiction with respect to a project or does not intend to 
exercise its authority over a project, the agency must notify 
the Permitting Council Executive Director (in addition to its 
current requirement to notify the facilitating or lead agency). 
In relation to deadlines associated with posting material on 
the Permitting Dashboard, subsection (c) clarifies that ``14 
days'' means ``14 business days,'' and that the relevant notice 
to the Executive Director that triggers the 14-business-day 
clock must be a completed notice (rather than a draft notice). 
It clarifies that the facilitating or lead agency charged with 
developing a coordinated project plan must coordinate with the 
Executive Director on the plan.
    Subsection (c) also requires coordinated project plans to 
include a checklist to help project sponsors identify potential 
natural, cultural, and historic resources in the area of the 
project and to ensure they consult with any Federally-
recognized Indian tribe that attaches cultural or religious 
significance to the land affected by the project.
    Subsection (c) requires agencies to set a two-year goal for 
completing the permitting process for covered projects unless 
the facilitating or lead agency determines that the permitting 
process cannot be completed in two years. In that case, the 
facilitating or lead agency must explain why it anticipates the 
project will take longer than two years and identify specific 
efforts it and the project sponsor will take to reduce the time 
needed to complete the permitting process.
    Subsection (c) requires the facilitating or lead agency to 
consult with the Executive Director at least 15 days before 
beginning the process to change the deadlines on the permitting 
timetable for a covered project. It clarifies that agencies 
must conform to both the interim and final completion dates in 
the permitting timetable for a covered project. It provides 
that if an agency reasonably believes it will fail to meet an 
interim or final completion date 30 days before such completion 
date, the agency must notify the Executive Director about the 
reasons why it believes it will fail to conform with the 
completion date. It clarifies that facilitating and lead 
agencies must provide an expeditious process for potential 
project sponsors to confer with potential and identified 
cooperating and participating agencies for early consultation 
purposes.
    Subsection (c) also strikes provisions related to 
transportation projects that are currently excluded from 
applying to be covered projects, which would be treated the 
same as other eligible projects under this bill. It clarifies 
that transportation projects subject to the expediting 
provisions of 23 U.S.C. Sec.  139 are subject to the 150-day 
statute of limitations on lawsuits seeking judicial review of a 
permit, license, or approval issued by a Federal agency for a 
highway or public transportation capital project, rather than 
the two-year statute of limitations provided in FAST-41. It 
allows the Executive Director to consult with the lead and 
participating agencies involved in non-covered projects on an 
ad hoc basis to help resolve disputes and promote early 
coordination. The savings provision clarifies that the projects 
do not then become subject to any of the FAST-41 provisions.
    Subsection (d) provides technical amendments.
    Subsection (e) makes a number of technical amendments and 
also modifies the FAST Act's existing judicial review provision 
from two years after ``the final record of decision or approval 
or denial of a permit'' to ``notice of final agency action on 
the authorization.''
    Subsection (f) clarifies that the Executive Director's 
Report to Congress should include each agency's progress in 
making improvements based on best practices and their 
compliance with performance schedules. It also requires the 
Federal Energy Regulatory Commission to report on its 
recommendations on how it will reconcile its internal 
regulations with FAST-41's requirements and requires the 
Executive Director to review those recommendations.
    Subsection (g) shifts responsibility for issuing 
regulations establishing a fee structure for the sponsors of 
covered projects from the heads of the Permitting Council 
agencies to the Permitting Council Executive Director, in 
consultation with the Permitting Council agencies and the 
Office of Management and Budget. It clarifies that the 
Executive Director's fund transfer authority allows the 
Executive Director to transfer funds to other Federal, state, 
tribal, and local governments and specifies potential reasons 
for these transfers.
    Subsection (h) eliminates the seven-year sunset on FAST-41.
    Subsection (i) eliminates the exclusion for certain 
transportation and water resources projects from applying to be 
covered projects.
    Subjection (j) provides a technical amendment.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill. The CBO found 
that:

          S. 1976 would impose intergovernmental and private-
        sector mandates as defined in the Unfunded Mandates 
        Reform Act (UMRA) by extending existing mandates on 
        sponsors of large infrastructure projects. Under 
        current law, project sponsors seeking a federal permit 
        must submit a notice to the [Permitting Council] and to 
        a lead federal agency when initiating a proposed 
        project. Current law also authorizes federal agencies 
        to assess fees for costs incurred in conducting 
        environmental reviews. By permanently authorizing the 
        [Permitting Council], the bill would extend those 
        mandates. Based on published data on the low volume of 
        projects subject to those duties under current law, CBO 
        estimates that the cost to comply with the mandates 
        would fall below the annual thresholds for 
        intergovernmental and private-sector mandates 
        established in UMRA ($82 million and $164 million in 
        2019, respectively, adjusted annually for inflation).

    The Committee notes that, although the initial group of 
projects covered by FAST-41 became covered projects 
involuntarily, FAST-41 is a voluntary process for all future 
projects. If a project sponsor does not want a project to be 
covered by FAST-41, the project sponsor does not have to take 
any action, nor pay any fees.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 11, 2019.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1976, the Federal 
Permitting Reform and Jobs Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 1976 would permanently authorize the Federal Permitting 
Improvement Steering Council (FPISC). The council, whose 
authorization expires in December 2022, aims to improve the 
timeliness, predictability, and transparency of the federal 
review process for nonfederal infrastructure projects that the 
council may assist. The bill would expand the number of 
projects that the council may assist, set a goal that the 
federal permitting process for such projects be completed in 
two years, clarify the role of the FPISC to resolve disputes 
among federal agencies, and make technical corrections to the 
federal permitting process. Finally, the bill would authorize 
the FPISC to use fees collected by the council from project 
sponsors to reimburse state, local, and tribal governments for 
any work they provide to the council. To date, no fees have 
been collected by the FPISC and CBO has no basis for estimating 
that fees collected under the bill would be significant. 
Furthermore, CBO expect that any collections would probably be 
spent soon after the collection so that the net effect on 
direct spending would be negligible.
    The Congress appropriated $6 million for the council in 
fiscal year 2019. FPISC has requested $7 million for 2020 and 
$11 million for 2021. Using that information and adjusting 
those amounts for the proposed additional work required under 
the bill, CBO estimates that implementing S. 1976 would cost 
$30 million over the 2020-2024 period. The estimated costs from 
2020 through the first quarter of 2023 reflect the additional 
work that would be required under the bill. The costs for the 
remainder of 2023 and 2024 reflect extending the FPISC's 
authorization.
    The costs of this legislation, detailed in Table 1, fall 
within budget function 800 (general government).

                TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 1976
----------------------------------------------------------------------------------------------------------------
                                                                   By fiscal year, millions of dollars--
                                                         -------------------------------------------------------
                                                            2020     2021     2022     2023     2024   2020-2024
----------------------------------------------------------------------------------------------------------------
Estimated Authorization.................................        2        3        3       10       12         30
Estimated Outlays.......................................        2        3        3       10       12         30
----------------------------------------------------------------------------------------------------------------

    S. 1976 would impose intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
by extending existing mandates on sponsors of large 
infrastructure projects. Under current law, project sponsors 
seeking a federal permit must submit a notice to the FPISC and 
to a lead federal agency when initiating a proposed project. 
Current law also authorizes federal agencies to assess fees for 
costs incurred in conducting environmental reviews. By 
permanently authorizing the FPISC, the bill would extend those 
mandates. Based on published data on the low volume of projects 
subject to those duties under current law, CBO estimates that 
the cost to comply with the mandates would fall below the 
annual thresholds for intergovernmental and private-sector 
mandates established in UMRA ($82 million and $164 million in 
2019, respectively, adjusted annually for inflation).
    The CBO staff contacts for this estimate are Matthew 
Pickford (for federal costs) and Andrew Laughlin (for 
mandates). The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

FIXING AMERICA'S SURFACE TRANSPORTATION ACT

           *       *       *       *       *       *       *


TITLE XI--RAIL

           *       *       *       *       *       *       *


Subtitle E--Project Delivery

           *       *       *       *       *       *       *


SEC. 11503. EFFICIENT ENVIRONMENTAL REVIEWS.

    (a) * * *
    [(b) Savings Clause.--Except as expressly provided in 
section 41003(f) and subsection (o) of section 139 of title 23, 
United States Code, the requirements and other provisions of 
title 41 of this Act shall not apply to--
          (1) programs administered now and in the future by 
        the Department of Transportation or its operating 
        administrations under title 23, 46, or 49, United 
        States Code, including direct loan and loan guarantee 
        programs, or other Federal statutes or programs or 
        projects administered by an agency pursuant to their 
        authority under title 49, United States Code; or
          (2) any project subject to section 2045 of the Water 
        Resources Development Act of 2007 (33 U.S.C. 2348).]

           *       *       *       *       *       *       *


               TITLE XXII--FEDERAL PERMITTING IMPROVEMENT

SEC. 41001. DEFINITIONS.

    In this title:
          (1) * * *

           *       *       *       *       *       *       *

          (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).] 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).
          (5) Council.--The term ``Council'' means the [Federal 
        Infrastructure Permitting Improvement Steering Council] 
        Federal Permitting Improvement Steering Council 
        established under section 41002(a).
          (6) Covered project.--
                  (A) In general.--The term ``covered project'' 
                means any activity in the United States that 
                requires authorization or environmental review 
                by a Federal agency involving construction of 
                infrastructure projects for 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 that--
                          (i) (I) is subject to NEPA; and
                          (II) is likely to require a total 
                        investment of more than $200,000,000; 
                        [and] or
                          [(III) does not qualify for 
                        abbreviated authorization or 
                        environmental review processes under 
                        any applicable law; or]
                          (ii) is subject to NEPA and the size 
                        and complexity of which, in the opinion 
                        of the Council, 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).]
                  (B) Treatment.--Section 553 of title 5, 
                United States Code, shall not apply to a 
                majority vote described in subparagraph (A).

           *       *       *       *       *       *       *


SEC. 41002. FEDERAL PERMITTING IMPROVEMENT COUNCIL.

    (a) * * *
    (b) * * *
          (1) * * *
          (2) Council members.--
                  (A) In general.--
                          (i) Designation by head of agency.--
                        [Each]
                                  (I) In general.--Each 
                                individual listed in 
                                subparagraph (B) shall 
                                designate a member of the 
                                agency in which the individual 
                                serves to serve on the Council.
                                  (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.
                                  (ii) Qualifications.--A 
                                [councilmem-ber] councilmember 
                                described in clause (i) shall 
                                hold a position in the agency 
                                of deputy secretary (or the 
                                equivalent) or higher.

           *       *       *       *       *       *       *

          (c) * * *
          (1) * * *
          (2) * * *
                  (A) * * *
                  (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] 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--
                                  (i) * * *

           *       *       *       *       *       *       *

                                  (vii) creating and 
                                distributing training materials 
                                useful to Federal, State, 
                                tribal, and local permitting 
                                officials; [and]
                                  (viii) in coordination with 
                                the Executive Director, 
                                improving preliminary 
                                engagement with project 
                                sponsors in developing 
                                coordinated project plans; and
                                  [viii](ix) addressing other 
                                aspects of infrastructure 
                                permitting, as determined by 
                                the Council.
                  (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.
                  [C](D) Meetings.--The Council shall meet not 
                less frequently than annually with groups or 
                individuals representing State, tribal, and 
                local governments that are engaged in the 
                infrastructure permitting process.
          (3) Agency CERPOS.--An agency CERPO shall--
                  (A) advise the respective agency 
                councilmember on matters related to 
                environmental reviews and authorizations, 
                including agency compliance with interim and 
                final completion dates described in coordinated 
                project plans;

           *       *       *       *       *       *       *

    (d) Administrative Support.--[The Director]
          (1) In general._The Director of the Office of 
        Management and Budget shall designate a Federal agency, 
        other than an agency that carries out or provides 
        support only for projects that are not covered 
        projects, 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 title.
          (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.

SEC. 41003. PERMITTING PROCESS IMPROVEMENT.

    (a) * * *
          (1) * * *
          (2) * * *
          (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, and 
                the Executive Director 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.

           *       *       *       *       *       *       *

    (b) Permitting Dashboard.--
          (1) * * *
          (2) Additions.--
                  (A) In general.--
                          (i) Existing projects.--Not later 
                        than [14 days] 14 business days after 
                        the date on which the Executive 
                        Director adds a project to the 
                        inventory under section 41002(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] 14 business days after the 
                        date on which the Executive Director 
                        receives a completed 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] 14 business 
                days after the date of the determination under 
                subparagraph (A).
                  (C) Final determination.--Not later than [14 
                days] 14 business 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.

           *       *       *       *       *       *       *

    (c) Coordination and Timetables.--
          (1) * * *
                  (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 
                coordination with the Executive Director and 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) * * *
                        (i) * * *

           *       *       *       *       *       *       *

                        (v) A checklist--
                                  (I) to help project sponsors 
                                identify potential natural, 
                                cultural, and historic 
                                resources in the area of the 
                                project;
                                  (II) to ensure that the 
                                project sponsor consults with 
                                any federally recognized Indian 
                                tribe that attaches religious 
                                or cultural significance to 
                                land affected by a covered 
                                project; and
                                  (III) 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.
                  (C) * * *
          (2) Permitting timetable.--
                  (A) Establishment.--[As part of the 
                coordination project plan]
                          (i) In general._In accordance with 
                        clause (ii) and as part of the 
                        coordinated 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, 
                        and, subject to subparagraph (C), with 
                        the concurrence of each cooperating 
                        agency, shall establish a permitting 
                        timetable that includes intermediate 
                        and final completion dates for action 
                        by each participating agency on any 
                        Federal environmental review or 
                        authorization required for the project.
                          (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.
                  (B) * * *
                  (C) * * *
                  (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, consults 
                                with the Executive Director 
                                regarding the potential 
                                modification not less than 15 
                                days before engaging in the 
                                consultation under subclause 
                                (II);
                                  [I](II) the facilitating or 
                                lead agency, as applicable, and 
                                the affected cooperating 
                                agencies, after consultation 
                                with the participating 
                                agencies, the Executive 
                                Director, and the project 
                                sponsor, agree to a different 
                                completion date;
                                  [II](III) the facilitating 
                                agency or lead agency, as 
                                applicable, or the affected 
                                cooperating agency provides a 
                                written justification for the 
                                modification; and
                                  [III](IV) in the case of a 
                                modification that would 
                                necessitate an extension of a 
                                final completion date under a 
                                permitting table established 
                                under subparagraph (A) to a 
                                date more than 30 days after 
                                the final completion date 
                                originally established under 
                                subparagraph (A), the 
                                facilitating or lead agency 
                                submits a request to modify the 
                                permitting timetable to the 
                                Executive Director, who shall 
                                consult with the project 
                                sponsor and make a 
                                determination on the record, 
                                based on consideration of the 
                                relevant factors described 
                                under subparagraph (B), whether 
                                to grant the facilitating or 
                                lead agency, as applicable, 
                                authority to make such 
                                modification.
                          (ii) * * *

           *       *       *       *       *       *       *

                  (F) Conforming to permitting timetables.--
                          (i) In general.--Each Federal agency 
                        shall conform to the interim and final 
                        completion dates set forth in the 
                        permitting timetable established under 
                        subparagraph (A), or with any interim 
                        or final completion date modified under 
                        subparagraph (D).
                          (ii) Failure to conform.--If a 
                        Federal agency fails to conform with [a 
                        completion date for agency action on a 
                        covered project or is at significant 
                        risk of failing to conform with] 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 such a completion date, 
                        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] reasonably 
                                believing the agency will fail 
                                to conform to the completion 
                                date and a proposal for an 
                                alternative completion date;
                                  (II) * * *

           *       *       *       *       *       *       *

    (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) 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--
          [(1)](A) the availability of information and tools, 
        including pre-application toolkits, to facilitate early 
        planning efforts;
          [(2)](B) key issues of concern to each agency and to 
        the public; and
          [(3)](C) 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).
      [(f) Reporting Status of Other Projects on Dashboard.--
          (1) In general.--On request of the Executive 
        Director, the Secretary and the Secretary of the Army 
        shall use best efforts to provide information for 
        inclusion on the Dashboard on projects subject to 
        section 139 of title 23, United States Code, and 
        section 2045 of the Water Resources Development Act of 
        2007 (33 U.S.C. 2348) likely to require--
                  (A) a total investment of more than 
                $200,000,000; and
                  (B) an environmental impact statement under 
                NEPA.
          (2) Effect of inclusion on dashboard.--Inclusion on 
        the Dashboard of information regarding 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) shall not subject those projects 
        to any requirements of this title.]
    (f) Facilitation of Environmental Review and Authorization 
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.

           *       *       *       *       *       *       *


SEC. 41005. COORDINATION OF REQUIRED REVIEWS.

    (a) * * *
    (b) Adoption, Incorporation by Reference, and Use of 
Documents.--
          [(1) State environmental documents; supplemental 
        documents.--]
          [(A)](1) Use of existing documents.--
                  [(i)](A) 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, environmental consequences, and 
                other required analyses 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)](B) Guidance by ceq.--The Council on 
                Environmental Quality may issue guidance to 
                carry out this subsection.
          [(B)](2) NEPA obligations.--An environmental document 
        adopted under [subparagraph (A)] paragraph (1) or a 
        document that includes documentation incorporated under 
        [subparagraph (A)] paragraph (1) 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)](3) Supplementation of state documents.--If the 
        lead agency adopts or incorporates analysis and 
        documentation described in [subparagraph (A)] paragraph 
        (1), 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) a significant change has been made 
                to the covered project that is relevant for 
                purposes of environmental review of the 
                project; or
                  [(ii)](B) there has been a significant 
                circumstance or new information has emerged 
                that is relevant to the environmental review 
                for the covered project.
          [(D)](4) 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)](A) the lead agency, the project 
                sponsor, and any cooperating agency agree to a 
                longer deadline; or
                  [(ii)](B) the lead agency extends the 
                deadline for good cause.
          [(E)](5) 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)] 
        paragraph (1) and any supplemental document prepared 
        under [subparagraph (C)] paragraph (3).

           *       *       *       *       *       *       *


SEC. 41007. LITIGATION, JUDICIAL REVIEW, AND SAVINGS PROVISION.

    (a) Limitations on Claims.--
          (1) In general.--Notwithstanding any other provision 
        of law, except as provided in paragraph (4), 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] the claim 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] of 
                notice of final agency action on the 
                authorization, 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] the claim is filed 
                        by a party that submitted a comment 
                        during the environmental review; and
                          (ii) any commenter filed a 
                        sufficiently detailed comment so as to 
                        put the lead agency on notice of the 
                        issue on which the party seeks judicial 
                        review, or the lead agency did not 
                        provide a reasonable opportunity for 
                        such a comment on that issue.
          (2) * * *
          (3) * * *(4) Special rule for certain projects.--
        Notwithstanding paragraphs (1) and (2), in the case of 
        a covered project that is subject to section 139 of 
        title 23, United States Code, the time limits under 
        subsection (l) of that section shall apply to the 
        covered project in lieu of the time limits under 
        paragraphs (1) and (2).

           *       *       *       *       *       *       *

    (e) Limitations.--Nothing in [this section] this title 
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. 41008. REPORTS.

    (a) * * *
          (1) * * *
          (2) Contents.--The report described in paragraph (1) 
        shall assess the performance of each participating 
        agency and lead agency [based on the best practices 
        described in section 41002(c)(2)(B), including], 
        including--
                  (A) agency progress in making improvements 
                consistent with [those best practices] the best 
                practices described in section 41002(c)(2)(B); 
                and
                  (B) agency compliance with the performance 
                schedules established under section 
                41002(c)(1)(C)[.]; and
                  (C) agency compliance with sections 41003 
                through 41006.
          (3) * * *
      (b) * * *
      (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.

SEC. 41009. FUNDING FOR GOVERNANCE, OVERSIGHT, AND PROCESSING OF 
                    ENVIRONMENTAL REVIEWS AND PERMITS.

    [(a) In General.--The heads of agencies listed in section 
41002(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.]
    (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.
    (b) Reasonable Costs.--As used in this section, the term 
``reasonable costs'' shall include costs to implement the 
requirements and authorities required under sections 41002 [and 
41003] through 41008, including the costs to agencies and the 
costs of operating the Council.
    (c) * * *
    (d) Environmental Review And Permitting Improvement Fund.--
          (1) * * *
          (2) * * *
          [(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.]
          (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.

           *       *       *       *       *       *       *


[SEC. 41013. SUNSET.

    This title shall terminate 7 years after the date of 
enactment of this Act.]