[Senate Report 118-292]
[From the U.S. Government Publishing Office]
Calendar No. 698
118th Congress } { Report
SENATE
2d Session } { 118-292
_______________________________________________________________________
PERMITTING COUNCIL IMPROVEMENT
ACT OF 2024
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 4679
TO AMEND TITLE XLI OF THE FAST ACT TO IMPROVE THE
FEDERAL PERMITTING PROCESS, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 16, 2024.--Ordered to be printed
------
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
ADAM SCHIFF, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Alan S. Kahn, Chief Counsel
Lena C. Chang, Director of Governmental Affairs
Chelsea A. Davis, Senior Professional Staff Member
James F. Hiebert, Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 698
118th Congress } { Report
SENATE
2d Session } { 118-292
======================================================================
PERMITTING COUNCIL IMPROVEMENT ACT OF 2024
_______
December 16, 2024.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and
Governmental Affairs, submitted the following
R E P O R T
[To accompany S. 4679]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 4679) to amend
title XLI of 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..............................................1
II. Background and Need for the Legislation..........................1
III. Legislative History..............................................3
IV. Section-by-Section Analysis of the Bill, as Reported.............4
V. Evaluation of Regulatory Impact..................................6
VI. Changes in Existing Law Made by the Bill, as Reported............6
I. Purpose and Summary
The Permitting Council Improvement Act of 2024 modifies the
Federal Permitting Improvement Steering Council's (Permitting
Council) authorities to hold agencies accountable for timely
and coordinated reviews of permits that are required for the
construction of certain major infrastructure and energy
projects. The bill also increases congressional oversight of
the Permitting Council.
II. Background and Need for the Legislation
In 2015, the Homeland Security and Governmental Affairs
Committee authorized reforms to improve interagency and
intergovernmental coordination, transparency, and
predictability in the permitting process in Title 41 of Fixing
America's Surface Transportation Act (FAST-41). In this
context, the ``permitting process'' refers to the various
governmental approvals that state, local, tribal, and private
parties must secure before they can begin construction on a
major infrastructure project.\1\ The number and complexity of
these approvals vary depending on the expected impacts on
factors like the environment, wildlife, and public and private
land, which can implicate various federal agencies and levels
of government.\2\ For example, the reviews for environmental
permits coordinated under the National Environmental Policy Act
(NEPA) are often broadly conflated with the term ``permitting''
but are only one of many approvals that may be required for a
project.\3\ The Permitting Council and the FAST-41 were made
permanent as part of the Infrastructure Investment and Jobs
Act, and its authorizing legislation was codified in 42 U.S.C.
4370m.\4\
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\1\Fixing America's Surface Transportation Act (FAST Act) of 2015,
Pub. L. No. 114-94. The Homeland Security and Governmental Affairs
Committee bill, S. 280 (114th Congress), was reported favorably by the
Committee in May 2015 and subsequently included in the FAST Act.
\2\Congressional Research Service, National Environmental Policy
Act: An Overview (Dec. 28, 2023) (IF12560).
\3\Id.
\4\Infrastructure Investment and Jobs Act of 2021, Pub. L. No. 117-
58, Sec. 70801.
---------------------------------------------------------------------------
The Permitting Council is comprised of its Executive
Director, the Chair of the Council on Environmental Quality
(CEQ), the Director of the Office of Management and Budget
(OMB), and representatives from 13 federal agencies. The
Permitting Council Executive Director is currently appointed by
the President, and is authorized to hire staff to administer
the authorities, procedures, and funding made available in
FAST-41. The Permitting Council Executive Director is charged
with overseeing performance timelines for agencies to issue
permits for certain major infrastructure projects and with
implementing the coordination, oversight, and transparency
measures established in FAST-41.\5\ Given the growing scope of
responsibilities of the Permitting Council and its permanent
authorization, this bill requires that the Senate confirm the
President's appointment of the Executive Director.
---------------------------------------------------------------------------
\5\Fixing America's Surface Transportation Act (FAST Act) of 2015,
Pub. L. No. 114-94, Sec. 41002.
---------------------------------------------------------------------------
The FAST-41 process begins when a project sponsor
voluntarily submits a request for coordination to the
Permitting Council Executive Director.\6\ To be covered by the
Permitting Council, the project must meet certain eligibility
criteria. Most projects are covered through statutory
eligibility criteria under 42 U.S.C. 4370m(6)(A)(i), which
include whether the projects fall within certain covered
sectors, have an investment of $200 million or more, and are
subject to NEPA.\7\ 42 U.S.C. 4370m(6)(A)(iv) also allows for
projects to be covered on a discretionary basis, considering
whether a project would benefit from increased coordination.
However, no project has been covered by this discretionary
authority, and the 2017 guidance indicates that OMB, CEQ, and
the Executive Director have yet to establish a process to cover
projects via the discretionary criteria.\8\ The bill clarifies
the process for covering projects via the discretionary
criteria, by specifying that the Executive Director may cover a
project after consulting with the members of the Permitting
Council.
---------------------------------------------------------------------------
\6\Fixing America's Surface Transportation Act (FAST Act) of 2015,
Pub. L. No. 114-94, Sec. 41003(a).
\7\42 U.S.C. 4370m(6)(A). Additionally, this section provides that
projects sponsored by an Indian Tribe, Alaska Native Corporation, a
Native Hawaiian organization (as defined in section 7517 of title 20),
the Department of Hawaiian Home Lands, or the Office of Hawaiian
Affairs, or a carbon dioxide pipeline project do not need to meet the
$200 million threshold.
\8\Office of Management and Budget, Guidance to Federal Agencies
Regarding the Environmental Review and Authorization Process for
Infrastructure Projects (Jan. 13, 2017) (https://www.whitehouse.gov/wp-
content/uploads/legacy_drupal_files/omb/memoranda/2017/m-17-14.pdf).
---------------------------------------------------------------------------
Once a project is covered by the FAST-41 process, the
Permitting Council Executive Director also publishes
information about the permitting process on a public dashboard
and is authorized to resolve disputes relating to permitting
timetables. The dispute resolution process, however, has never
been utilized. The bill amends this section of the law to allow
project sponsors to initiate the process when there are
disputes with agencies over the timing and content of
permitting timetables. It additionally allows the Executive
Director to issue a new permitting timetable when a dispute
arises and allows agencies seven days to respond if a timetable
is not feasible.\9\
---------------------------------------------------------------------------
\9\Federal Permitting Improvement Steering Council, Annual Report
to Congress Fiscal Year 2023 (Apr. 2024) (https://
www.permits.performance.gov/fpisc-content/permitting-council-fy-2023-
annual-report-congress).
---------------------------------------------------------------------------
Finally, the Permitting Council can raise fees and transfer
funds from its Environmental Review Improvement Fund (ERIF) to
federal agencies, states, and tribal and local governments to
improve permitting processes. Congress appropriated $350
million to the ERIF in the Inflation Reduction Act (IRA).\10\
However, a fee structure has never been created. This bill
amends the fee structure authorization to better align it with
the needs of the agency and project sponsors and caps its total
cost at 1% of total project investment. Thus far, the
Permitting Council has allocated over $165 million of the IRA
funds, including targeted investments in federal agencies to
improve permitting capacity, and has also earmarked $25 million
to be available for a Tribal Assistance Program.\11\ The bill
further clarifies the Permitting Council's authority to
transfer funds out of the ERIF, which must be done in
coordination with OMB and with OMB's explicit approval for
transfers over $2 million. The bill also includes increased
reporting requirements to provide Congress with greater insight
into the ERIF's activities and transfers.
---------------------------------------------------------------------------
\10\Inflation Reduction Act of 2022, Pub. L. No. 117-169, Sec.
70007.
\11\Supra, note 6.
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III. Legislative History
Senator Gary Peters (D-MI) introduced S. 4679, the
Permitting Council Improvement Act of 2024, on July 11, 2024.
The bill was referred to the Committee on Homeland Security and
Governmental Affairs. Senator James Lankford (R-OK) joined as a
cosponsor on September 25, 2024.
The Committee considered S. 4679 at a business meeting on
September 25, 2024. At the business meeting, Chairman Peters
offered a substitute amendment to the bill, as well as a
modification to that amendment. The Peters amendment, as
modified, removed a savings clause modification that would have
allowed the Permitting Council to cover additional projects not
currently covered under FAST-41, removed a tribal projects
expansion to clarify that a project is a tribal project if any
part of the project is on tribal land, and provided explicit
authority to OMB to disapprove of funding transfers for covered
projects.
The Committee adopted the modification to the Peters
substitute amendment and the Peters substitute amendment, as
modified, by unanimous consent, with Senators Peters, Carper,
Hassan, Sinema, Rosen, Blumenthal, Butler, Paul, Lankford, and
Hawley present. The bill, as amended by the Peters substitute
amendment as modified, was ordered reported favorably by roll
call vote of 8 yeas to 2 nays, with Senators Peters, Carper,
Hassan, Sinema, Rosen, Blumenthal, Butler, and Lankford voting
in the affirmative, and Senators Paul and Hawley voting in the
negative. Senators Ossoff and Scott voted yea by proxy, and
Senators Johnson, Romney, and Marshall voted nay by proxy, for
the record only.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section establishes the short title of the bill as the
``Permitting Council Improvement Act of 2024.''
Section 2. Federal permitting improvement
Subsection (a) amends the definition of a ``covered
project'' by striking ``in the opinion of the Council'' and
inserting ``in the opinion of the Executive Director, in
consultation with the Council.''
Subsection (b) makes the Permitting Council Executive
Director a Senate-confirmed position. It also repeals the
``Recommended Performance Schedules'' in 42 U.S.C. 4370m-
1(c)(1)(C). The bill replaces this with new reporting
requirements in 42 U.S.C. 4370m-7(a)(1)(i).
Subsection (c)(1) introduces a technical fix that requires
that project sponsors provide a statement of the total
investment required to plan, design, and construct the proposed
project.
Subsection (c)(2)(A) also revises 42 U.S.C. 4370m-2(c)(2)
to allow project sponsors to initiate the dispute resolution
process between agencies over the content and timing of
timetables. It would also allow the Executive Director to
propose a new permitting timetable when a dispute does arise,
and it provides 10 business days for an agency to respond if
the timetable is not feasible.
Subsection (c)(2)(B) revises 42 U.S.C. 4370m-2(c)(2)(D) to
clarify that if an agency has missed an intermediate or final
completion date with an action on a permitting timetable, the
agency must submit a new alternative date to the Executive
Director within 15 days. These alternative completion dates are
subject to the same requirements as other completion dates.
Subsection (c)(2)(C) of the Act revises 42 U.S.C. 4370m-
2(c)(2)(F) to modify the reporting requirements so that
alternative completion dates are posted on the permitting
dashboard and in a monthly status report, similar to other
completion date reporting requirements required under current
statute.
Subsection (d)(1) renews the reporting requirements and
requires new information in the Annual Report to Congress in 42
U.S.C. 4370m-7(a)(1) on trends by sector in permitting
timetables, which would replace the recommended performance
schedules. This report also describes the contributing factors
that affect timelines. 42 U.S.C. 4370m-7(a)(1)(ii) also
requires the Executive Director to report on the work of the
Permitting Council as the Federal Center for Permitting
Excellence. 42 U.S.C. 4370m-7(a)(1)(iii) requires the Executive
Director to report on transfers made out of the ERIF.
Subsection (d)(2)(A) adds new section 41008(2)(A) of the
FAST Act, which requires the Executive Director, in
consultation with Director of OMB and the Director of the
Office of Personnel Management, to produce a report on the
federal government's permitting workforce. This report may be
included in the Annual Report.
Subsection (d)(2)(B) adds new section 41008(2)(B) of the
FAST Act to require the Executive Director, in consultation
with the Administrator of the General Services Administration
and the Secretary of Transportation, to study and make
recommendations about improving the usability of the Permitting
Dashboard. This report may be included in the Annual Report.
Subsection (d)(2)(B) also adds new section 41008(2)(B) of the
FAST Act to require the Executive Director, in consultation
with the Administrator of the General Services Administration
and the Secretary of Transportation, to study and make
recommendations about improving the usability of the Permitting
Dashboard. This report may be included in the Annual Report.
Subsection (d)(3) repeals section 41011 of the FAST Act (42
U.S.C. 4370m-10), which required a one-time Comptroller General
report to be completed not later than December 2018.
Subsections (e)(1) and (e)(2) strike subsections (b) and
(c) in 42 U.S.C. 4370m-8 and replace them with updated language
authorizing the Permitting Council to establish a fee structure
that shall not exceed 1% of the total investment required for
each covered project. This fee must also be based on relevant
factors, like total project investment and anticipated
complexity, must exclude parties for which the fee would impose
undue financial burden, and must support timely completion of
environmental reviews and authorizations for covered projects.
Subsections (e)(3) and (e)(4) strike subsection (c)(3) in
42 U.S.C. 4370m-8 and replace with updated language that
authorizes the Permitting Council to transfer funds in the
ERIF, in coordination with the Director of OMB, to other
federal agencies, state and local governments, territorial
governments, Indian Tribes, Alaska Native Corporations, and
Native Hawaiian organizations to facilitate timely and
efficient environmental reviews and authorizations. Any
transfer of more than $2 million shall be approved by OMB.
Additionally, the bill authorizes appropriations of $9,002,000
for fiscal years 2025 through 2031 for deposit into the ERIF
(adjusted for inflation after fiscal year 2025). Finally, the
bill makes a technical amendment to clarify that funds are
available to make investments to improve federal environmental
reviews and authorizations and to support infrastructure
permitting processes. Subsection (e)(5) makes a technical
amendment to redesignate subsection numbering accordingly.
Subsection (f) makes a technical amendment to strike
section 41013 from the FAST Act (Public Law 114-94; 129 Stat.
1319), which was a seven year sunset clause that had been
repealed in the Infrastructure Investment and Jobs Act (Public
Law 117-58; 135 Stat. 429).
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 and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. 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 42--FEDERAL PERMITTING
IMPROVEMENT
* * * * * * *
SEC. 41001. DEFINITIONS.
(1) * * *
(2) * * *
(3) * * *
(4) * * *
(5) * * *
(6) Covered project.--
(A) In general.--
(i) * * *
(ii) * * *
(iii) * * *
(iv) is subject to NEPA and the size
and complexity of which, [in the
opinion of the Council] in the opinion
of the Executive Director, in
consultation with the Council, make the
project likely to benefit from enhanced
oversight and coordination, including a
project likely to require--
* * * * * * *
SEC. 41002. FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL.
(a) * * *
(b) Composition.--
(1) Chair.--The Executive Director shall--
(A) be appointed by the President, by and
with the advice and consent of the Senate; and
(B) serve as Chair of the Council.
(2) * * *
(3) * * *
(c) Duties.--
(1) Executive director.--
(A) * * *
(B) * * *
[(C) Performance schedules.--
[(i) In general.--Not later than 1
year after December 4, 2015, the
Executive Director, in consultation
with the Council, shall develop
recommended performance schedules,
including intermediate and final
completion dates, for environmental
reviews and authorizations most
commonly required for each category of
covered projects described in
subparagraph (A)(ii).
[(ii) Requirements.--
[(I) In general.--The
performance schedules shall
reflect employment of the most
sound and efficient applicable
processes, including the
alignment of Federal reviews of
projects, reduction of
permitting and project delivery
time, and consideration of the
best practices for public
participation.
[(II) Goal.--
[(aa) In general.--To
the maximum extent
practicable, and
consistent with
applicable Federal law,
the Executive Director,
in consultation with
the Council, shall aim
to develop recommended
performance schedules
under clause (i) of not
more than 2 years.
[(bb) Exception.--If
a recommended
performance schedule
developed under clause
(i) exceeds 2 years,
the relevant agencies,
in consultation with
the Executive Director
and the Council, shall
explain in that
recommended performance
schedule the factors
that cause the
environmental reviews
and authorizations in
that category of
covered projects to
take longer than 2
years.
[(III) Limit.--
[(aa) In general.--
The final completion
dates in any
performance schedule
for the completion of
an environmental review
or authorization under
clause (i) shall not
exceed the average time
to complete an
environmental review or
authorization for a
project within that
category.
[(bb) Calculation of
average time.--The
average time referred
to in item (aa) shall
be calculated based on
relevant historical
data, as determined by
the Executive Director,
and shall run from the
period beginning on the
date on which the
Executive Director must
make a specific entry
for the project on the
Dashboard under section
4370m-2(b)(2) of this
title (except that, for
projects initiated
before that duty takes
effect, the period
beginning on the date
of filing of a
completed application),
and ending on the date
of the issuance of a
record of decision or
other final agency
action on the review or
authorization.
[(cc) Completion
date.--Each performance
schedule shall specify
that any decision by an
agency on an
environmental review or
authorization must be
issued not later than
180 days after the date
on which all
information needed to
complete the review or
authorization
(including any hearing
that an agency holds on
the matter) is in the
possession of the
agency.
[(iii) Review and revision.--Not
later than 2 years after the date on
which the performance schedules are
established under this subparagraph,
and not less frequently than once every
2 years thereafter, the Executive
Director, in consultation with the
Council, shall review and revise the
performance schedules.]
[(D)] (C) * * *
[(E)] (D) * * *
(2) Council.--
(A) Recommendations.--
(i) In general.--The Council shall
make recommendations to the Executive
Director with respect to the
designations under paragraph (1)(B)
[and the performance schedules under
paragraph (1)(C)].
(ii) * * *
(B) Best practices.--Not less frequently than
annually, the Council shall issue
recommendations on the best practices for
improving the Federal permitting process for
[covered projects] covered projects and other
projects in sectors described in subparagraph
(A) of section 41001(6), excluding projects
described in subparagraph (B) of that section,
which may include--
* * * * * * *
SEC. 41003. PERMITTING PROCESS IMPROVEMENT.
(a) Project Initiation and Designation of Participating
Agencies.--
(1) Notice.--
(A) * * *
(B) * * *
(C) Contents.--Each notice described in
subparagraph (A) shall include--
(i) * * *
(ii) a statement of the total
investment required to plan, design,
and construct the proposed project;
[(ii)] (iii) * * *
[(iii)] (iv) * * *
[(iv)] (v) * * *
[(v)] (vi) * * *
(D) * * *
(2) * * *
(3) * * *
(4) * * *
(5) * * *
(6) * * *
(b) * * *
(c) Coordination and Timetables.--
(1) * * *
(2) Permitting timetable.--
(A) * * *
(B) Factors for consideration.--In
establishing the permitting timetable under
subparagraph (A), the facilitating or lead
agency shall [follow the performance schedules
established under section 4370m-1(c)(1)(C) of
this title, but may vary the timetable based on
relevant factors] take into account relevant
factors, including--
(i) * * *
(ii) * * *
(iii) * * *
(iv) * * *
(v) * * *
(vi) * * *
(C) Dispute resolution.--
[(i) In general.--The Executive
Director, in consultation with
appropriate agency CERPOs and the
project sponsor, shall, as necessary,
mediate any disputes regarding the
permitting timetable referred to under
subparagraph (A).]
(i) In general.--The Executive
Director, in consultation with
appropriate agency officials and the
project sponsor, shall, as necessary,
mediate any disputes--
(I) identified by the
appropriate agency official for
any affected agency relating to
the content or timing of the
permitting timetable
established under subparagraph
(A); or
(II) identified by the
project sponsor relating to an
issue that could lead to the
nonconformance with the
permitting timetable
established under that
subparagraph.
(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) require that the
appropriate agency
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
10 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.
(III) Reports.--Not less
frequently than once per
quarter, the Executive Director
shall submit to the Committee
on Homeland Security and
Governmental Affairs of the
Senate and the Committee on
Oversight and Accountability of
the House of Representatives a
report on the number of
permitting timetables that were
modified under this clause
during the period covered by
the report.
[(ii)] (iii) * * *
[(iii)] (iv) Final resolution.--Any
action taken by the Director of the
Office of Management and Budget in the
resolution of a dispute under [clause
(ii)] clause (iii) shall--
(I) be final and conclusive;
and
(II) not be subject to
judicial review.
(D) Modification after approval.--
(i) In general.--The facilitating or
lead agency, as applicable, may modify
a permitting timetable established
under subparagraph (A) only if--
(I) * * *
(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 or
alternative completion date;
(III) * * *
(IV) in the case of a
modification that would
necessitate an extension of a
[final] completion date or
alternative completion date
that is the final action under
a permitting timetable
established under subparagraph
(A) to a date more than 30 days
after the [final] completion
date originally established
under subparagraph (A) or
alternative completion date
established under clause (v),
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) Completion date.--A completion
date or alternative completion date
established under clause (v), as
applicable in the permitting timetable
may not be modified within 30 days of
the completion date or alternative
completion date, as applicable.
(iii) * * *
(iv) * * *
(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).
(E) * * *
(F) [Conforming to] Compliance with
permitting timetables.--
(i) In general.--Each Federal agency
shall [conform to] comply with the
intermediate and final completion dates
set forth in the permitting timetable
established under subparagraph (A), or
with any intermediate or final
completion date modified under
subparagraph (D).
[(ii) Failure to conform.--If a
Federal agency fails to conform with an
intermediate 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
reasonably believing the agency
will fail to conform to the
completion date and a proposal
for an alternative completion
date;
[(II) in consultation with
the facilitating or lead
agency, as applicable,
establish an alternative
completion date; and
[(III) each month thereafter
until the agency has taken
final action on the delayed
authorization or review, submit
to the Executive Director for
posting on the Dashboard a
status report describing any
agency activity related to the
project.]
(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 10 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.
(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 cooperating agencies and
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 cooperating
agencies and 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.
[(G)] (H) * * *
* * * * * * *
SEC. 41008. [REPORTS.] REPORTS TO CONGRESS.
[(a) Reports to Congress] (a) Executive Director Annual
Report.--
[(1) Executive Director annual report]
[(A) In general.--Not later than] (1) In
general.--Not later than April 15 of each year
for 10 years beginning on [November 15, 2021]
the date of enactment of the Permitting Council
Improvement Act of 2024, the Executive Director
shall submit to Congress a report detailing the
progress accomplished under this subchapter
during the previous [fiscal year] fiscal year,
which shall include--
(i) a summary of permitting timetable
trends for sectors described in section
41001(6)(A), including--
(I) a description of
contributing factors that
affect project timelines; and
(II) recommendations on what
the duration of project
timelines should be;
(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)(A),
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.
[(B)] (2) Opportunity to include comments.--
Each councilmember, with input from the
respective agency CERPO, shall have the
opportunity to include comments concerning the
performance of the agency in the report
described in [subparagraph (A)] paragraph (1).
[(2)] (b) * * *
[(3)] (c) * * *
[(b) Comptroller General Report.--Not later than 3 years
after December 4, 2015, the Comptroller General of the United
States shall submit to Congress a report that describes--
[(1) agency progress in making improvements
consistent with the best practices issued under section
4370m-1(c)(2)(B) of this title; and
[(2) agency compliance with the performance schedules
established under section 4370m-1(c)(1)(C) of this
title.]
* * * * * * *
SEC. 41009. FUNDING FOR GOVERNANCE, OVERSIGHT, AND PROCESSING OF
ENVIRONMENTAL REVIEWS AND PERMITS.
(a) In General.--For the purpose of carrying out this
subchapter, the Executive Director, in consultation with the
heads of the agencies listed in section 4370m-1(b)(2)(B) of
this title 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]
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 4370m-1
through 4370m-7 of this title, including the costs to agencies
and the costs of operating the Council.]
[(c) Fee Structure.--The fee structure established under
subsection (a) shall--
[(1) be developed in consultation with affected
project proponents, industries, and other stakeholders;
[(2) exclude parties for which the fee would impose
an undue financial burden or is otherwise determined to
be inappropriate; and
[(3) be established in a manner that ensures that the
aggregate amount of fees collected for a fiscal year is
estimated not to exceed 20 percent of the total
estimated costs for the fiscal year for the resources
allocated for the conduct of the environmental reviews
and authorizations covered by this subchapter, as
determined by the Director of the Office of Management
and Budget.]
(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);
(4) exclude parties for which the fee would impose an
undue financial burden or is otherwise determined to be
inappropriate; and
(5) support the timely completion of environmental
reviews and authorizations for covered projects,
including through the authority of the Executive
Director to rescind amounts transferred from the Fund
to a lead agency, cooperating agency, or participating
agency that is not meeting timelines for the completion
of environmental reviews and authorizations for a
covered project.
[(d)] (c) Environmental Review Improvement Fund.--
(1) * * *
(2) Availability.--Amounts in the Fund shall be
available to the Executive Director, without fiscal
year limitation, solely for the purposes of
administering, implementing, and enforcing this
subchapter, including the expenses of the Council,
appointing and fixing the compensation of such
employees as the Executive Director considers necessary
to carry out the roles and responsibilities of the
Executive Director, and support of the role of the
Council as a Federal center for permitting excellence,
which may include supporting interagency detailee and
rotation opportunities, advanced training, enhanced
support for agency project managers making investments
to improve Federal environmental reviews and
authorizations and supporting infrastructure permitting
processes, and fora for sharing information and lessons
learned.
[(3) Transfer.--For the purpose of carrying out this
subchapter, 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
agencies and State, Tribal, and local governments to
facilitate timely and efficient environmental reviews
and authorizations for covered projects and other
projects under this subchapter, including direct
reimbursement agreements with agency CERPOs,
reimbursable agreements, and approval and consultation
processes and staff for covered projects.]
(3) Transfer.--
(A) In general.--For the purpose of carrying
out this title, and subject to subparagraph
(B), the Executive Director, in coordination
with the Director of the Office of Management
and Budget, may transfer amounts in the Fund to
other Federal agencies, State and local
governments, territorial 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 for
activities to facilitate meaningful
governmental and public engagement, for covered
projects and other projects in sectors
described in section 41001(6)(A), and for
activities described in paragraph (2), which
may include 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).
(B) Approval of certain transfers.--Any
transfer made under subparagraph (A) in an
amount of more than $2,000,000 shall be
approved by the Office of Management and
Budget.
(4) Authorization of appropriations.--
(A) In general.--In addition to amounts
deposited in the Fund under paragraph (1), and
subject to subparagraph (B), there is
authorized to be appropriated for deposit in
the Fund $9,002,000 for each of fiscal years
2025 through 2031.
(B) Adjustments for inflation.--The amount
authorized to be appropriated for each of
fiscal years 2026 through 2031 under
subparagraph (A) shall be adjusted for
inflation.
[(e)] (d) Effect on Permitting.--The regulations adopted
pursuant to subsection (a) shall ensure that the use of funds
accepted under [subsection (d)] subsection (c) will not impact
impartial decision-making with respect to environmental reviews
or authorizations, either substantively or procedurally.
[(f)] (e)
* * * * * * *
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