[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3017 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 3017
To amend the FAST Act to improve the Federal permitting process, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 6, 2018
Mr. Portman (for himself and Mrs. McCaskill) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend the FAST Act to improve the Federal permitting process, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Permitting Reform and Jobs
Act''.
SEC. 2. FEDERAL PERMITTING IMPROVEMENT.
(a) Definitions.--
(1) In general.--Section 41001 of the FAST Act (42 U.S.C.
4370m) is amended--
(A) in paragraph (4), by striking ``means'' and all
that follows through the period at the end and
inserting ``has the meaning given the term in section
1508.5 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of the Federal
Permitting Reform and Jobs Act).'';
(B) in paragraph (5), by striking ``Federal
Infrastructure Permitting Improvement Steering
Council'' and inserting ``Federal Permitting
Improvement Steering Council''; and
(C) in paragraph (6)--
(i) in subparagraph (A), in the matter
preceding clause (i), by inserting ``projects''
after ``infrastructure'';
(ii) by striking subparagraph (B);
(iii) by striking the paragraph designation
and heading and all that follows through ``The
term'' in subparagraph (A) in the matter
preceding clause (i) and inserting the
following:
``(6) Covered project.--The term'';
(iv) in clause (i), by striking ``(i)(I) is
subject to NEPA;'' and inserting the following:
``(A)(i) is subject to NEPA;'';
(v) by redesignating clause (ii) as
subparagraph (B) and indenting appropriately;
(vi) in subparagraph (A) (as so
redesignated), by redesignating subclauses (II)
and (III) as clauses (ii) and (iii),
respectively, and indenting appropriately; and
(vii) in subparagraph (B) (as so
redesignated), by redesignating subclauses (I)
and (II) as clauses (i) and (ii), respectively,
and indenting appropriately.
(b) Permitting Process Improvement.--Section 41003 of the FAST Act
(42 U.S.C. 4370m-2) is amended--
(1) in subsection (a)(3)(A), in the matter preceding clause
(i), by inserting ``and the Executive Director'' after ``as
applicable,'';
(2) in subsection (b)(2)--
(A) by striking ``14 days'' each place it appears
and inserting ``14 business days''; and
(B) in subparagraph (A)(ii), by inserting
``completed'' before ``notice'';
(3) in subsection (c)--
(A) in paragraph (1)(B), by adding at the end the
following:
``(v) A checklist--
``(I) to help project sponsors
identify potential natural, cultural,
and historic resources in the area of
the project; and
``(II) the purposes of which are--
``(aa) to identify agencies
and organizations that can
provide information about
natural, cultural, and historic
resources; and
``(bb) to develop the
information needed to determine
the range of alternatives.
``(vi) In the case of a tiered project
review, a description of the relationship
between any applicable programmatic analysis
and the planned tiered environmental review.'';
and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``As part of the
coordination project plan'' and
inserting the following:
``(i) In general.--In accordance with
clause (ii) and as part of the coordinated
project plan''; and
(II) by adding at the end the
following:
``(ii) Goal.--
``(I) In general.--The permitting
timetable established under clause (i)
shall provide for the completion of the
permitting process within 2 years.
``(II) Exception.--If the
facilitating agency or lead agency, as
applicable, determines that the
permitting process cannot be completed
within 2 years, the coordinated project
plan under paragraph (1) shall
include--
``(aa) the specific reasons
why the facilitating agency or
lead agency, as applicable,
anticipates that the permitting
process will take longer than 2
years; and
``(bb) the specific efforts
that the facilitating agency or
lead agency, as applicable,
each coordinating and
participating agency, the
project sponsor, and any State
in which the project is located
will take to reduce the time
needed to complete the
permitting process.''; and
(ii) in subparagraph (F)(ii)--
(I) in the matter preceding
subclause (I), by striking ``or is at
significant risk of failing to conform
with'' and inserting ``or reasonably
believes the agency will fail to
conform with a completion date 30 days
before''; and
(II) in subclause (I), by striking
``significantly risking failing to
conform'' and inserting ``reasonably
believing the agency will fail to
conform'';
(4) in subsection (d)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and
indenting appropriately; and
(B) by striking the matter preceding subparagraph
(A) (as so redesignated) and inserting the following:
``(1) In general.--The facilitating or lead agency, as
applicable, shall provide an expeditious process for potential
or current project sponsors to confer with each potential and
identified cooperating and participating agency involved.
``(2) Provision of information.--Not later than 60 days
after the date on which the potential or current project
sponsor submits a request under this subsection, each agency
that received such a request shall provide to the project
sponsor information concerning--''; and
(5) by striking subsection (f) and inserting the following:
``(f) Facilitation of Environmental Review and Authorization
Process of Additional Projects.--
``(1) In general.--In the case of a project that is not a
covered project, on the request of an individual described in
section 41002(b)(2)(B) or the project sponsor, the Executive
Director may work with the lead agency and any cooperating or
participating agency to facilitate the environmental review and
authorization process in accordance with this subsection,
including by--
``(A) mediating and resolving disputes;
``(B) promoting early coordination among the
agencies; and
``(C) taking such actions as may be established
pursuant to paragraph (2).
``(2) Establishment of policies.--The Executive Director,
in consultation with the Director of the Office of Management
and Budget and the Chair of the Council on Environmental
Quality, may establish policies and procedures as appropriate
to carry out the facilitation under paragraph (1).
``(3) Cooperation required.--If the Executive Director is
facilitating the environmental review and authorization process
under paragraph (1), the lead agency and any cooperating or
participating agency shall cooperate with the Executive
Director to the maximum extent practicable.
``(4) Savings provision.--Facilitation of a project by the
Executive Director under paragraph (1) shall not subject the
project to any provisions under this title, other than as
provided in this subsection.''.
(c) Coordination of Required Reviews.--Section 41005(b) of the FAST
Act (42 U.S.C. 4370m-4(b)) is amended--
(1) by striking ``(1) State environmental documents;
supplemental documents.--'';
(2) by redesignating subparagraphs (A) through (E) as
paragraphs (1) through (5), respectively, and indenting
appropriately;
(3) in paragraph (1) (as so redesignated), by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively, and indenting appropriately;
(4) in paragraph (2) (as so redesignated), by striking
``subparagraph (A)'' each place it appears and inserting
``paragraph (1)'';
(5) in paragraph (3) (as so redesignated)--
(A) in the matter preceding clause (i), by striking
``subparagraph (A)'' and inserting ``paragraph (1)'';
and
(B) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(6) in paragraph (4) (as so redesignated)--
(A) in the matter preceding clause (i), by striking
``subparagraph (C)'' and inserting ``paragraph (3)'';
and
(B) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and indenting
appropriately; and
(7) in paragraph (5) (as so redesignated)--
(A) by striking ``subparagraph (A)'' and inserting
``paragraph (1)''; and
(B) by striking ``subparagraph (C)'' and inserting
``paragraph (3)''.
(d) Litigation, Judicial Review, and Savings Provision.--Section
41007 of the FAST Act (42 U.S.C. 4370m-6) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)--
(i) by striking ``the action'' and
inserting ``the claim''; and
(ii) by striking ``of the final record of
decision or approval or denial of a permit''
and inserting ``of notice of final agency
action on the authorization''; and
(B) in subparagraph (B)(i), by striking ``the
action'' and inserting ``the claim''; and
(2) in subsection (e), in the matter preceding paragraph
(1), by striking ``this section'' and inserting ``this title''.
(e) Reports to Congress.--Section 41008(a)(2) of the FAST Act (42
U.S.C. 4370m-7(a)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``based on'' and all that follows through ``including'' and
inserting ``, including'';
(2) in subparagraph (A), by striking ``those best
practices'' and inserting ``the best practices described in
section 41002(c)(2)(B)'';
(3) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(C) agency compliance with sections 41003 through
41006.''.
(f) Funding for Governance, Oversight, and Processing of
Environmental Reviews and Permits.--Section 41009 of the FAST Act (42
U.S.C. 4370m-8) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--For the purpose of carrying out this title, the
Executive Director, in consultation with the heads of the agencies
listed in section 41002(b)(2)(B) and with the guidance of the Director
of the Office of Management and Budget, may, after public notice and
opportunity for comment, issue regulations establishing a fee structure
for sponsors of covered projects to reimburse the United States for
reasonable costs incurred in conducting environmental reviews and
authorizations for covered projects.'';
(2) in subsection (b), by striking ``and 41003'' and
inserting ``through 41008''; and
(3) in subsection (d)(3)--
(A) by striking ``The Executive Director'' and
inserting ``For the purpose of carrying out this title,
the Executive Director''; and
(B) by inserting ``and other projects under this
title'' before the period at the end.
(g) Sunset.--Section 41013 of the FAST Act (42 U.S.C. 4370m-12) is
repealed.
(h) Repeal of Certain Exclusions.--Section 11503(b) of the FAST Act
(42 U.S.C. 4370m note; Public Law 114-94) is repealed.
(i) Technical Correction.--Section 41002(b)(2)(A)(ii) of the FAST
Act (42 U.S.C. 4370m-1(b)(2)(A)(ii)) is amended by striking
``councilmem-ber'' and inserting ``councilmember''.
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