,,ii #aacth ,,congress #ast ,session ,s4 #acig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjac ,mr4 ,portman 7for himself1 ,mrs4 ,mc,caskill1 ,mr4 ,donnelly1 ,mr4 ,enzi1 and ,mr4 ,barrasso7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to improve the efficiency1 management1 and interagency coordination of the ,federal permitting process through reforms overseen by the ,director of the ,office of ,management and ,budget1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,permitting ,improvement ,act of #bjac4 #b4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,agency ,,cpo ,the term agency ,,cpo means the chief permitting officer of an agency designated by the head of the agency under section #c7;b77#b77;,a77i74 7#c7 ,authorization ,the term authorization means-- 7,a7 any license1 permit1 approval1 or other administrative decision required or authorized to be issued by an agency with respect to the siting1 construction1 reconstruction1 or commencement of operations of a covered project under ,federal law1 whether administered by a ,federal or ,state agency2 or 7,b7 any determination or finding required to be issued by an agency-- 7i7 as a precondition to an authorization described under paragraph 7,a72 or 7ii7 before an applicant may take a particular action with respect to the siting1 construction1 reconstruction1 or commencement of operations of a covered project under ,federal law1 whether administered by a ,federal or ,state agency4 7#d7 ,council ,the term ,council means the ,federal ,infrastructure ,permitting ,improvement ,council established by section #c7;a74 7#e7 ,covered project 7,a7 ,in general ,the term covered project means any construction activity in the ,united ,states that requires authorization or review by a ,federal agency-- 7i7 involving renewable or conventional energy production1 electricity transmission1 surface transportation1 aviation1 ports and waterways1 water resource projects1 broadband1 pipelines1 manufacturing1 or any other sector as determined by the ,federal ,,cpo2 and 7ii7 that is likely to require an initial investment of more than #be1jjj1jjj1 as determined by the ,federal ,,cpo4 7,b7 ,exclusion ,the term covered project does not include any project subject to section #aja7;b77#d7 of title #bc1 ,united ,states ,code4 7#f7 ,dashboard ,the term ,dashboard means the ,permitting ,dashboard required by section #d7;b74 7#g7 ,environmental assessment ,the term environmental assessment means a concise public document for which a ,federal agency is responsible that serves-- 7,a7 to briefly provide sufficient evidence and analysis for determining whether to prepare an environmental impact statement or a finding of no significant impact2 7,b7 to aid in the compliance of the agency with ,,nepa if an environmental impact statement is not necessary2 and 7,c7 to facilitate preparation of an environmental impact statement1 if an environmental impact statement is necessary4 7#h7 ,environmental document ,the term environmental document means an environmental assessment or environmental impact statement4 7#i7 ,environmental impact statement ,the term environmental impact statement means the detailed statement of significant environmental impacts required to be prepared under ,,nepa4 7#aj7 ,environmental review ,the term environmental review means the agency procedures for preparing an environmental impact statement1 environmental assessment1 categorical exclusion1 or other document required under ,,nepa4 7#aa7 ,federal ,,cpo ,the term ,federal ,,cpo means the ,federal ,chief ,permitting ,officer appointed by the ,president under section #c7;b77#a74 7#ab7 ,inventory ,the term inventory means the inventory of covered projects established by the ,federal ,,cpo under section #c7;c77#a77;,a74 7#ac7 ,lead agency ,the term lead agency means the agency with principal responsibility for review and authorization of a covered project1 as determined under section #c7;c77#a77;,b74 7#ad7 ,,nepa ,the term ,,nepa means the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#ae7 ,participating agency ,the term participating agency means any agency participating in reviews or authorizations for a particular covered project in accordance with section #d4 7#af7 ,project sponsor ,the term project sponsor means the entity1 including any private1 public1 or public-private entity1 that seeks approval for a project4 #c4 ,federal ,permitting ,improvement ,council 7a7 ,establishment ,there is established the ,federal ,permitting ,improvement ,council4 7b7 ,composition 7#a7 ,chair ,the ,president shall appoint an officer of the ,office of ,management and ,budget as the ,federal ,chief ,permitting ,officer to serve as ,chair of the ,council1 by and with the advice and consent of the ,senate4 7#b7 ,chief ,permitting ,officers 7,a7 ,in general 7i7 ,designation by head of agency ,each individual listed in subparagraph 7,b7 shall designate a member of the agency in which the individual serves to serve as the agency ,,cpo4 7ii7 ,qualifications ,the agency ,,cpo described in clause 7i7 shall hold a position in the agency of the equivalent of a deputy secretary or higher4 7iii7 ,membership ,each agency ,,cpo described in clause 7i7 shall serve on the ,council4 7,b7 ,heads of agencies ,the individuals that shall each designate an agency ,,cpo under this subparagraph are as follows3 7i7 ,the ,secretary of ,agriculture4 7ii7 ,the ,secretary of ,commerce4 7iii7 ,the ,secretary of the ,interior4 7iv7 ,the ,secretary of ,energy4 7v7 ,the ,secretary of ,transportation4 7vi7 ,the ,secretary of ,defense4 7vii7 ,the ,administrator of the ,environmental ,protection ,agency4 7viii7 ,the ,chairman of the ,federal ,energy ,regulatory ,commission4 7ix7 ,the ,chairman of the ,nuclear ,regulatory ,commission4 7x7 ,the ,chairman of the ,advisory ,council on ,historic ,preservation4 7xi7 ,any other head of a ,federal agency that the ,federal ,,cpo may invite to participate as a member of the ,council4 7#c7 ,chairman of the ,council on ,environmental ,quality ,in addition to the members listed in paragraphs 7#a7 and 7#b71 the ,chairman of the ,council on ,environmental ,quality shall also be a member of the ,council4 7c7 ,duties 7#a7 ,federal ,,cpo 7,a7 ,inventory development ,the ,federal ,,cpo1 in consultation with the members of the ,council1 shall-- 7i7 not later than #c months after the date of enactment of this ,act1 establish an inventory of covered projects that are pending the review or authorization of the head of any ,federal agency2 7ii7 7,i7 categorize the projects in the inventory as appropriate based on the project type2 and 7,,ii7 for each category1 identify the types of reviews and authorizations most commonly involved2 and 7iii7 add covered projects to the inventory after the ,federal ,,cpo receives a notice described in section #d7;a77#a74 7,b7 ,lead agency designation ,the ,federal ,,cpo1 in consultation with the ,council1 shall-- 7i7 designate a lead agency for each category of covered projects described in subparagraph 7,a77ii72 and 7ii7 publish on an ,internet website the designations and categories in an easily accessible format4 7,c7 ,performance schedules 7i7 ,in general ,the ,federal ,,cpo1 in consultation with the ,council1 shall develop nonbinding performance schedules1 including intermediate and final deadlines1 for reviews and authorizations for each category of covered projects described in subparagraph 7,a77ii74 7ii7 ,requirements 7,i7 ,in general ,the performance schedules shall reflect employment of the use of the most efficient applicable processes4 7,,ii7 ,limit ,the final deadline for completion of any review or authorization contained in the performance schedules shall not be later than #ahj days after the date on which the completed application or request is filed4 7iii7 ,review and revision ,not later than #b years after the date on which the performance schedules are established under this subparagraph1 and not less frequently than once every #b years thereafter1 the ,federal ,,cpo1 in consultation with the ,council1 shall review and revise the performance schedules4 7,d7 ,guidance ,the ,federal ,,cpo may issue circulars1 bulletins1 guidelines1 and other similar directives as necessary to carry out responsibilities under this ,act and to effectuate the adoption by agencies of the best practices and recommendations of the ,council described in paragraph 7#b74 7#b7 ,council 7,a7 ,recommendations 7i7 ,in general ,the ,council shall make recommendations to the ,federal ,,cpo with respect to the designations under paragraph 7#a77;,b7 and the performance schedules under paragraph 7#a77;,c74 7ii7 ,update ,the ,council may update the recommendations described in clause 7i74 7,b7 ,best practices ,not later than #a year after the date of enactment of this ,act1 and at least annually thereafter1 the ,council shall issue recommendations on the best practices for-- 7i7 early stakeholder engagement1 including fully considering and1 as appropriate1 incorporating recommendations provided in public comments on any proposed covered project2 7ii7 assuring timeliness of permitting and review decisions2 7iii7 coordination between ,federal and non-,federal governmental entities2 7iv7 transparency2 7v7 reduction of information collection requirements and other administrative burdens on agencies1 project sponsors1 and other interested parties2 7vi7 evaluating lead agencies and participating agencies under this ,act2 and 7vii7 other aspects of infrastructure permitting1 as determined by the ,council4 #d4 ,permitting process improvement 7a7 ,project initiation and designation of participating agencies 7#a7 ,notice 7,a7 ,in general ,a project sponsor shall provide the ,federal ,,cpo and the lead agency notice of the initiation of a proposed covered project4 7,b7 ,contents ,each notice described in subparagraph 7,a7 shall include-- 7i7 a description1 including the general location1 of the proposed project2 7ii7 a statement of any ,federal authorization or review anticipated to be required for the proposed project2 and 7iii7 an assessment of the reasons why the proposed project meets the definition of a covered project in section #b4 7#b7 ,invitation 7,a7 ,in general ,not later than #de days after the date on which a lead agency receives the notice under paragraph 7#a71 the lead agency shall-- 7i7 identify another agency that may have an interest in the proposed project2 and 7ii7 invite the agency to become a participating agency in the permitting management process and in the environmental review process described in section #f4 7,b7 ,deadlines ,each invitation made under subparagraph 7,a7 shall include a deadline for a response to be submitted to the lead agency4 7#c7 ,participating agencies ,an agency invited under paragraph 7#b7 shall be designated as a participating agency for a covered project1 unless the agency informs the lead agency in writing before the deadline described in paragraph 7#b77;,b7 that the agency-- 7,a7 has no jurisdiction or authority with respect to the proposed project2 or 7,b7 does not intend to exercise authority related to1 or submit comments on1 the proposed project4 7#d7 ,effect of designation ,the designation described in paragraph 7#c7 shall not give the participating agency jurisdiction over the proposed project4 7#e7 ,change of lead agency 7,a7 ,in general ,on the request of a lead agency1 participating agency1 or project sponsor1 the ,federal ,,cpo may designate a different agency as the lead agency for a covered project if the ,federal ,,cpo receives new information regarding the scope or nature of a covered project that indicates that the project should be placed in a different category under section #c7;c77#a77;,b74 7,b7 ,resolution of dispute ,any dispute over designation of a lead agency for a particular covered project shall be resolved by the ,federal ,,cpo4 7b7 ,permitting ,dashboard 7#a7 ,requirement to maintain 7,a7 ,in general ,the ,federal ,,cpo1 in coordination with the ,administrator of ,general ,services1 shall maintain an online database to be known as the ,permitting ,dashboard to track the status of ,federal reviews and authorizations for any covered project in the inventory4 7,b7 ,specific and searchable entry ,the ,dashboard shall include a specific and searchable entry for each project4 7#b7 ,additions ,not later than #g days after the date on which the ,federal ,,cpo receives a notice under subsection 7a77#a71 the ,federal ,,cpo shall create a specific entry on the ,dashboard for the project1 unless the ,federal ,,cpo or lead agency determines that the project is not a covered project4 7#c7 ,submissions by agencies ,the lead agency and each participating agency shall submit to the ,federal ,,cpo for posting on the ,dashboard for each covered project-- 7,a7 any application and any supporting document submitted by a project sponsor for any required ,federal review or authorization for the project2 7,b7 not later than #b business days after the date on which any agency action or decision that materially affects the status of the project is made1 a description1 including significant supporting documents1 of the agency action or decision2 and 7,c7 the status of any litigation to which the agency is a party that is directly related to the project1 including1 if practicable1 any judicial document made available on an electronic docket maintained by a ,federal1 ,state1 or local court4 7#d7 ,postings by the ,federal ,,cpo ,the ,federal ,,cpo shall post on the ,dashboard an entry for each covered project that includes-- 7,a7 the information submitted under paragraph 7#c77;,a7 not later than #b days after the date on which the ,federal ,,cpo receives the information2 7,b7 a permitting timetable approved by the ,federal ,,cpo under subsection 7c77#b77;,c72 7,c7 the status of the compliance of each participating agency with the permitting timetable2 7,d7 any modifications of the permitting timetable2 and 7,e7 an explanation of each modification described in subparagraph 7,d74 7c7 ,coordination and timetables 7#a7 ,coordination plan 7,a7 ,in general ,not later than #fj days after the date on which the lead agency receives a notice under subsection 7a77#a71 the lead agency1 in consultation with each participating agency1 shall establish a concise plan for coordinating public and agency participation in1 and completion of1 any required ,federal review and authorization for the project4 7,b7 ,memorandum of understanding ,the lead agency may incorporate the coordination plan described in subparagraph 7,a7 into a memorandum of understanding4 7#b7 ,permitting timetable 7,a7 ,establishment ,as part of the coordination plan required by paragraph 7#a71 the lead agency1 in consultation with each participating agency1 the project sponsor1 and the ,state in which the project is located1 shall establish a permitting timetable that includes intermediate and final deadlines for action by each participating agency on any ,federal review or authorization required for the project4 7,b7 ,factors for consideration ,in establishing the permitting timetable under subparagraph 7,a71 the lead agency shall follow the performance schedules established under section #c7;c77#a77;,c71 but may vary the timetable based on relevant factors1 including-- 7i7 the size and complexity of the covered project2 7ii7 the resources available to each participating agency2 7iii7 the regional or national economic significance of the project2 7iv7 the sensitivity of the natural or historic resources that may be affected by the project2 and 7v7 the extent to which similar projects in geographic proximity to the project were recently subject to environmental review or similar procedures under ,state law4 7,c7 ,approval by the ,federal ,,cpo 7i7 ,requirement to submit ,the lead agency shall promptly submit to the ,federal ,,cpo a permitting timetable established under subparagraph 7,a7 for review4 7ii7 ,revision and approval 7,i7 ,in general ,the ,federal ,,cpo1 after consultation with the lead agency1 may revise the permitting timetable if the ,federal ,,cpo determines that the timetable deviates without reasonable justification from the performance schedule established under section #c7;c77#a77;,c74 7,,ii7 ,no revision by ,federal ,,cpo within #g days ,if the ,federal ,,cpo does not revise the permitting timetable earlier than the date that is #g days after the date on which the lead agency submits to the ,federal ,,cpo the permitting timetable1 the permitting timetable shall be approved by the ,federal ,,cpo4 7,d7 ,modification after approval ,the lead agency may modify a permitting timetable established under subparagraph 7,a7 for good cause only if-- 7i7 the lead agency and the affected participating agency agree to a different deadline2 7ii7 the lead agency or the affected participating agency provides a written explanation of the justification for the modification2 and 7iii7 the lead agency submits to the ,federal ,,cpo a modification1 which the ,federal ,,cpo may revise or disapprove4 7,e7 ,consistency with other time periods ,a permitting timetable established under subparagraph 7,a7 shall be consistent with any other relevant time periods established under ,federal law4 7,f7 ,compliance 7i7 ,in general ,each ,federal participating agency shall comply with the deadlines set forth in the permitting timetable approved under subparagraph 7,c71 or with any deadline modified under subparagraph 7,d74 7ii7 ,failure to comply ,if a ,federal participating agency fails to comply with a deadline for agency action on a covered project1 the head of the participating agency shall-- 7,i7 promptly report to the ,federal ,,cpo for posting on the ,dashboard an explanation of any specific reason for failing to meet the deadline and a proposal for an alternative deadline2 and 7,,ii7 report to the ,federal ,,cpo for posting on the ,dashboard a monthly status report describing any agency activity related to the project until the agency has taken final action on the delayed authorization or review4 7#c7 ,cooperating ,state1 local1 or tribal governments 7,a7 ,in general ,to the maximum extent practicable under applicable ,federal law1 the lead agency shall coordinate the ,federal review and authorization process under this subsection with any ,state1 local1 or tribal agency responsible for conducting any separate review or authorization of the covered project to ensure timely and efficient review and permitting decisions4 7,b7 ,memorandum of understanding 7i7 ,in general ,any coordination plan between the lead agency and any ,state1 local1 or tribal agency shall1 to the maximum extent practicable1 be included in a memorandum of understanding4 7ii7 ,submission to ,federal ,,cpo ,a lead agency shall submit to the ,federal ,,cpo each memorandum of understanding described in clause 7i74 7iii7 ,post to ,dashboard ,the ,federal ,,cpo shall post to the ,dashboard each memorandum of understanding submitted under clause 7ii74 7d7 ,early consultation ,the lead agency shall provide an expeditious process for project sponsors to confer with each participating agency involved and to have each participating agency determine and communicate to the project sponsor1 not later than #fj days after the date on which the project sponsor submits a request1 information concerning-- 7#a7 the likelihood of approval for a potential covered project2 and 7#b7 key issues of concern to each participating agency and to the public4 7e7 ,cooperating agency 7#a7 ,in general ,a lead agency may designate a participating agency as a cooperating agency in accordance with part #aeja of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,effect on other designation ,the designation described in paragraph 7#a7 shall not affect any designation under subsection 7a77#c74 7#c7 ,limitation on designation ,any agency not designated as a participating agency under subsection 7a77#c7 shall not be designated as a cooperating agency under paragraph 7#a74 #e4 ,interstate compacts ,the consent of ,congress is given for #c or more contiguous ,states to enter into an interstate compact establishing regional infrastructure development agencies to facilitate authorization and review of covered projects1 under ,state law or in the exercise of delegated permitting authority described under section #g1 that will advance infrastructure development1 production1 and generation within the ,states that are parties to the compact4 #f4 ,coordination of required reviews 7a7 ,concurrent reviews ,each agency shall1 to the greatest extent permitted by law-- 7#a7 carry out the obligations of the agency under other applicable law concurrently1 and in conjunction with other reviews being conducted by other participating agencies1 including environmental reviews required under ,,nepa1 unless doing so would impair the ability of the agency to carry out statutory obligations2 and 7#b7 formulate and implement administrative1 policy1 and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely1 coordinated1 and environmentally responsible manner4 7b7 ,adoption and use of documents 7#a7 ,state environmental documents2 supplemental documents 7,a7 ,use of existing documents ,on the request of a project sponsor1 a lead agency shall consider and1 as appropriate1 adopt or incorporate1 a document that has been prepared for a project under ,state laws and procedures as the environmental impact statement or environmental assessment for the project if the ,state laws and procedures under which the document was prepared provide1 as determined by the lead agency in consultation with the ,council on ,environmental ,quality1 environmental protection and opportunities for public participation that are substantially equivalent to ,,nepa4 7,b7 ,,nepa obligations ,an environmental document adopted under subparagraph 7,a7 may serve as1 or supplement1 an environmental impact statement or environmental assessment required to be prepared by a lead agency under ,,nepa4 7,c7 ,supplemental document ,in the case of an environmental document described in subparagraph 7,a71 during the period after preparation of the document and prior to the adoption of the document by the lead agency1 the lead agency shall prepare and publish a supplemental document to the document if the lead agency determines that-- 7i7 a significant change has been made to the project that is relevant for purposes of environmental review of the project2 or 7ii7 there have been significant changes in circumstances or availability of information relevant to the environmental review for the project4 7,d7 ,comments ,if a lead agency prepares and publishes a supplemental document under subparagraph 7,c71 the lead agency may solicit comments from other agencies and the public on the supplemental document for a period of not more than #cj days beginning on the date on which the supplemental document is published4 7,e7 ,record of decision ,a lead agency shall issue a record of decision or finding of no significant impact1 as appropriate1 based on the document adopted under subparagraph 7,a7 and any supplemental document prepared under subparagraph 7,c74 7c7 ,alternatives analysis 7#a7 ,participation ,as early as practicable during the environmental review1 but not later than the commencement of scoping for a project requiring the preparation of an environmental impact statement1 the lead agency shall provide an opportunity for the involvement of cooperating agencies in determining the range of alternatives to be considered for a project4 7#b7 ,range of alternatives ,following participation under paragraph 7#a71 the lead agency shall determine the range of alternatives for consideration in any document that the lead agency is responsible for preparing for the project4 7#c7 ,methodologies ,the lead agency shall determine1 in collaboration with each cooperating agency at appropriate times during the environmental review1 the methodologies to be used and the level of detail required in the analysis of each alternative for a project4 7#d7 ,preferred alternative ,at the discretion of the lead agency1 the preferred alternative for a project1 after being identified1 may be developed to a higher level of detail than other alternatives to facilitate the development of mitigation measures or concurrent compliance with other applicable laws if the lead agency determines that the development of the higher level of detail will not prevent-- 7,a7 the lead agency from making an impartial decision as to whether to accept another alternative that is being considered in the environmental review2 and 7,b7 the public from commenting on the preferred and other alternatives 7d7 ,environmental review comments 7#a7 ,comments on draft environmental impact statement ,for comments by an agency or the public on a draft environmental impact statement1 the lead agency shall establish a comment period of not more than #fj days after the date on which a notice announcing availability of the environmental impact statement is published in the ,federal ,register1 unless-- 7,a7 the lead agency1 the project sponsor1 and each participating agency agree to a different deadline2 or 7,b7 the deadline is extended by the lead agency for good cause4 7#b7 ,other comments ,for all other comment periods for agency or public comments in the environmental review process1 the lead agency shall establish a comment period of not later than #cj days after the date on which the materials on which comment is requested are made available1 unless-- 7,a7 the lead agency1 the project sponsor1 and each participating agency agree to a different deadline2 or 7,b7 the lead agency modifies the deadline for good cause4 7e7 ,issue identification and resolution 7#a7 ,cooperation ,the lead agency and each participating agency shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review or could result in denial of any approval required for the project under applicable laws4 7#b7 ,lead agency responsibilities 7,a7 ,in general ,the lead agency shall make information available to each participating agency as early as practicable in the environmental review regarding the environmental1 historic1 and socioeconomic resources located within the project area and the general locations of the alternatives under consideration4 7,b7 ,sources of information ,the information described in subparagraph 7,a7 may be based on existing data sources1 including geographic information systems mapping4 7#c7 ,participating agency responsibilities ,based on information received from the lead agency under paragraph 7#b71 each participating agency shall identify1 as early as practicable1 any issues of concern1 including any issues that could substantially delay or prevent an agency from granting a permit or other approval needed for the project1 regarding any potential environmental1 historic1 or socioeconomic impacts of the project4 7f7 ,categories of projects ,the authorities granted under this section may be exercised for an individual project or a category of projects4 #g4 ,delegated ,state permitting programs ,if a ,federal statute permits a ,state to be delegated or otherwise authorized by a ,federal agency to issue or otherwise administer a permit program in lieu of the ,federal agency1 each member of the ,council shall-- 7#a7 on publication by the ,council of best practices under section #c7;c77#b77;,b71 initiate a process1 with public participation1 to determine whether and the extent to which any of the best practices are applicable to permitting under the statute2 and 7#b7 not later than #b years after the date of enactment of this ,act1 make recommendations for ,state modifications of the permit program to reflect the best practices described in section 7#c77;c77#b77;,b71 as appropriate4 #h4 ,litigation1 judicial review1 and savings provision 7a7 ,limitations on claims 7#a7 ,in general ,notwithstanding any other provision of law1 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-- 7,a7 the action is filed not later than #aej days after the date on which a notice is published in the ,federal ,register that the authorization is final pursuant to the law under which the agency action is taken1 unless a shorter time is specified in the ,federal law under which judicial review is allowed2 and 7,b7 in the case of an action pertaining to an environmental review conducted under ,,nepa-- 7i7 the action is filed by a party that submitted a comment during the environmental review on the issue on which the party seeks judicial review2 and 7ii7 the comment was sufficiently detailed to put the lead agency on notice of the issue on which the party seeks judicial review4 7#b7 ,new information 7,a7 ,in general ,the head of a lead agency or participating agency shall consider new information received after the close of a comment period if the information satisfies the requirements under regulations implementing ,,nepa4 7,b7 ,supplemental environmental impact statement ,if the preparation of a supplemental environmental impact statement is required1 the preparation of the supplemental environmental impact statement shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the agency action shall be #aej days after the date on which a notice announcing the agency action is published in the ,federal ,register4 7#c7 ,rule of construction ,nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of an authorization4 7b7 ,preliminary injunctive relief ,in addition to considering any other applicable equitable factors1 including the effects on public health1 safety1 and the environment1 in any action seeking a temporary restraining order or preliminary injunction against an agency or a project sponsor in connection with review or authorization of a covered project1 the court shall-- 7#a7 consider the potential for significant job losses or other economic harm resulting from an order or injunction2 and 7#b7 not presume that the harms described in paragraph 7#a7 are reparable4 7c7 ,judicial review ,except as provided in subsection 7a71 nothing in this ,act affects the reviewability of any final ,federal agency action in a court of the ,united ,states or in the court of any ,state4 7d7 ,savings clause ,nothing in this ,act-- 7#a7 supersedes1 amends1 or modifies ,,nepa or any other ,federal environmental statute or affects the responsibility of any ,federal officer to comply with or enforce any statute2 or 7#b7 creates a presumption that a covered project will be approved or favorably reviewed by any agency4 7e7 ,limitations ,nothing in this section preempts1 limits1 or interferes with-- 7#a7 any practice of seeking1 considering1 or responding to public comment2 or 7#b7 any power1 jurisdiction1 responsibility1 or authority that a ,federal1 ,state1 or local governmental agency1 metropolitan planning organization1 ,indian tribe1 or project sponsor has with respect to carrying out a project or any other provisions of law applicable to any project1 plan1 or program4 #i4 ,report to ,congress 7a7 ,in general ,not later than ,april #ae of each year1 the ,federal ,,cpo shall submit to ,congress a report detailing the progress accomplished under this ,act during the previous fiscal year4 7b7 ,contents ,the report described in subsection 7a7 shall assess the performance of each participating agency and lead agency based on the best practices described in section #c7;c77#b77;,b74 7c7 ,opportunity ,to include comments ,each agency ,,cpo shall have the opportunity to include comments concerning the performance of the agency in the report described in subsection 7a74 #aj4 ,application ,this ,act applies to any covered project for which an application or request for a ,federal authorization is pending before a ,federal agency #ij days after the date of enactment of this ,act4