,,ii ,calendar ,no4 #aic #aadth ,,congress #ast ,session ,s4 #bhj ,report ,no4 #aad-aac ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bh1 #bjae,mr4 ,portman 7for himself1 ,mrs4 ,mc,caskill1 ,mr4 ,blunt1 ,mr4 ,johnson1 ,mr4 ,king1 ,mr4 ,manchin1 ,mr4 ,paul1 ,mr4 ,donnelly1 ,ms4 ,collins1 ,mr4 ,sullivan1 ,mr4 ,warner1 ,ms4 ,heitkamp1 and ,mr4 ,hatch7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,august #d1 #bjae,reported by ,mr4 ,johnson1 with an amendment and an amendment to the title,strike out all after the enacting clause and insert the part printed in italic ,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 #bjae4 #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 not less than 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 alternatives4 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 #c7;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 #a4 ,short title ,this ,act may be cited as the ,federal ,permitting ,improvement ,act of #bjae4 #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 ,,cerpo ,the term agency ,,cerpo means the chief environmental review and permitting officer of an agency1 as designated by the head of the agency under section #c7;b77#b77;,a77iii77,i74 7#c7 ,authorization ,the term authorization means any license1 permit1 approval1 finding1 determination1 or other administrative decision issued by an agency that is required or authorized under ,federal law in order to site1 construct1 reconstruct1 or commence operations of a covered project1 whether administered by a ,federal or ,state agency4 7#d7 ,cooperating agency ,the term cooperating agency means any agency with-- 7,a7 jurisdiction under ,federal law2 or 7,b7 special expertise as described in section #aeja4f of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#e7 ,council ,the term ,council means the ,federal ,infrastructure ,permitting ,improvement ,steering ,council established under section #c7;a74 7#f7 ,covered project 7,a7 ,in general ,the term covered project means any construction activity in the ,united ,states that requires authorization or environmental 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 a majority vote of the ,council2 7ii7 7,i7 that is likely to require a total investment of more than #bjj1jjj1jjj2 and 7,,ii7 that does not qualify for abbreviated authorization or environmental review processes under any applicable law2 or 7iii7 the size and complexity of which make the project likely to benefit from enhanced oversight and coordination1 including a project likely to require-- 7,i7 authorization from or environmental review involving more than #b ,federal agencies2 or 7,,ii7 the preparation of an environmental impact statement under ,,nepa4 7,b7 ,exclusion ,the term covered project does not include-- 7i7 any project subject to section #aci of title #bc1 ,united ,states ,code2 or 7ii7 any project subject to section #bjde of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdh74 7#g7 ,dashboard ,the term ,dashboard means the ,permitting ,dashboard required under section #d7;b74 7#h7 ,environmental assessment ,the term environmental assessment means a concise public document for which a ,federal agency is responsible under section #aejh4i of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#i7 ,environmental document 7,a7 ,in general ,the term environmental document means an environmental assessment1 finding of no significant impact1 notice of intent1 environmental impact statement1 or record of decision4 7,b7 ,inclusions ,the term environment document includes-- 7i7 any document that is a supplement to a document described in subparagraph 7,a72 and 7ii7 a document prepared pursuant to a court order4 7#aj7 ,environmental impact statement ,the term environmental impact statement means the detailed written statement required under section #ajb7b77;,c7 of ,,nepa4 7#aa7 ,environmental review ,the term environmental review means the agency procedures and processes for applying a categorical exclusion or for preparing an environmental assessment1 an environmental impact statement1 or other document required under ,,nepa4 7#ab7 ,executive ,director ,the term ,executive ,director means the ,executive ,director appointed by the ,president under section #c7;b77#a77;,a74 7#ac7 ,facilitating agency ,the term facilitating agency means the agency that receives the initial notification from the project sponsor required under section #d7;a74 7#ad7 ,inventory ,the term inventory means the inventory of covered projects established by the ,executive ,director under section #c7;c77#a77;,a74 7#ae7 ,lead agency ,the term lead agency means the agency with principal responsibility for an environmental review of a covered project under ,,nepa and parts #aejj through #aejh of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#af7 ,,nepa ,the term ,,nepa means the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#ag7 ,participating agency ,the term participating agency means an agency participating in an environmental review or authorization for a covered project in accordance with section #d4 7#ah7 ,project sponsor ,the term project sponsor means an entity1 including any private1 public1 or public-private entity1 seeking an authorization for a covered project4 #c4 ,federal ,permitting ,improvement ,council 7a7 ,establishment ,there is established the ,federal ,permitting ,improvement ,steering ,council4 7b7 ,composition 7#a7 ,chair ,the ,executive ,director shall-- 7,a7 be appointed by the ,president2 and 7,b7 serve as ,chair of the ,council4 7#b7 ,council members 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 on the ,council4 7ii7 ,qualifications ,a councilmember described in clause 7i7 shall hold a position in the agency of deputy secretary 7or the equivalent7 or higher4 7iii7 ,support 7,i7 ,in general ,consistent with guidance provided by the ,director of the ,office of ,management and ,budget1 each individual listed in subparagraph 7,b7 shall designate #a or more appropriate members of the agency in which the individual serves to serve as an agency ,,cerpo4 7,,ii7 ,reporting ,an agency ,,cerpo shall report directly to a deputy secretary 7or the equivalent7 or higher4 7,b7 ,heads of agencies ,the individuals that shall each designate a councilmember under this subparagraph are as follows3 7i7 ,the ,secretary of ,agriculture4 7ii7 ,the ,secretary of the ,army4 7iii7 ,the ,secretary of ,commerce4 7iv7 ,the ,secretary of the ,interior4 7v7 ,the ,secretary of ,energy4 7vi7 ,the ,secretary of ,transportation4 7vii7 ,the ,secretary of ,defense4 7viii7 ,the ,administrator of the ,environmental ,protection ,agency4 7ix7 ,the ,chairman of the ,federal ,energy ,regulatory ,commission4 7x7 ,the ,chairman of the ,nuclear ,regulatory ,commission4 7xi7 ,the ,secretary of ,homeland ,security4 7xii7 ,the ,secretary of ,housing and ,urban ,development4 7xiii7 ,the ,chairman of the ,advisory ,council on ,historic ,preservation4 7xiv7 ,any other head of a ,federal agency that the ,executive ,director may invite to participate as a member of the ,council4 7#c7 ,additional members ,in addition to the members listed in paragraphs 7#a7 and 7#b71 the ,chairman of the ,council on ,environmental ,quality and the ,director of the ,office of ,management and ,budget shall also be members of the ,council4 7c7 ,duties 7#a7 ,executive ,director 7,a7 ,inventory development ,the ,executive ,director1 in consultation with the ,council1 shall-- 7i7 not later than #ahj days after the date of enactment of this ,act1 establish an inventory of covered projects that are pending the environmental review or authorization of the head of any ,federal agency2 7ii7 7,i7 categorize the projects in the inventory as appropriate1 based on sector and project type2 and 7,,ii7 for each category1 identify the types of environmental reviews and authorizations most commonly involved2 and 7iii7 add a covered project to the inventory after receiving a notice described in section #d7;a77#a74 7,b7 ,facilitating agency designation ,the ,executive ,director1 in consultation with the ,council1 shall-- 7i7 designate a facilitating agency for each category of covered projects described in subparagraph 7,a77ii72 and 7ii7 publish the list of designated facilitating agencies for each category of projects in the inventory on the ,dashboard in an easily accessible format4 7,c7 ,performance schedules 7i7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,executive ,director1 in consultation with the ,council1 shall develop nonbinding performance schedules1 including intermediate and final deadlines1 for environmental reviews and authorizations most commonly required 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 7aa7 ,in general ,the final deadline in any performance schedule for the completion of an environmental review or authorization under clause 7i7 shall not exceed the average time to complete an environmental review or authorization for a project within that category4 7bb7 ,calculation of average time ,the average time referred to in item 7aa7 shall be calculated on the basis of data from the preceding #b calendar years 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 #d7;b77#b7 7except that1 for projects initiated before that duty takes effect1 the period beginning on the date of filing of a completed application71 and ending on the date of the issuance of a record of decision or other final agency action on the review or authorization4 7cc7 ,deadline ,each performance schedule shall specify that any decision by an agency on an environmental review or authorization must be issued not later than #ahj days after the date on which all information needed to complete the review or authorization is in the possession of the agency4 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 ,executive ,director1 in consultation with the ,council1 shall review and revise the performance schedules4 7,d7 ,guidance ,the ,executive ,director1 in consultation with the ,council1 may recommend to the ,director of the ,office of ,management and ,budget or to the ,council on ,environmental ,quality1 as appropriate1 that guidance be issued as necessary for agencies-- 7i7 to carry out responsibilities under this ,act2 and 7ii7 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 ,executive ,director 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 not less frequently than annually thereafter1 the ,council shall issue recommendations on the best practices for-- 7i7 enhancing early stakeholder engagement1 including fully considering and1 as appropriate1 incorporating recommendations provided in public comments on any proposed covered project2 7ii7 ensuring timely decisions regarding environmental reviews and authorizations1 including through the development of performance metrics2 7iii7 improving coordination between ,federal and non-,federal governmental entities1 including through the development of common data standards and terminology across agencies2 7iv7 increasing transparency2 7v7 reducing information collection requirements and other administrative burdens on agencies1 project sponsors1 and other interested parties2 7vi7 developing and making available to applicants appropriate geographic information systems and other tools2 7vii7 creating and distributing training materials useful to ,federal1 ,state1 tribal1 and local permitting officials2 and 7viii7 addressing other aspects of infrastructure permitting1 as determined by the ,council4 7#c7 ,agency ,c,e,r,p,os ,an agency ,,cerpo shall-- 7,a7 advise the respective agency councilmember on matters related to environmental reviews and authorizations2 7,b7 provide technical support1 when requested to facilitate efficient and timely processes for environmental reviews and authorizations for covered projects under the jurisdictional responsibility of the agency1 including supporting timely identification and resolution of potential disputes within the agency or between the agency and other ,federal agencies2 7,c7 analyze agency environmental review and authorization processes1 policies1 and authorities and make recommendations to the respective agency councilmember for ways to standardize1 simplify1 and improve the efficiency of the processes1 policies1 and authorities1 including by implementing guidance issued under paragraph 7#a77;,d7 and other best practices1 including the use of information technology and geographic information system tools within the agency and across agencies1 to the extent consistent with existing law2 and 7,d7 review and develop training programs for agency staff that support and conduct environmental reviews or authorizations4 7d7 ,administrative support ,the ,director of the ,office of ,management and ,budget shall designate a ,federal agency to provide administrative support for the ,executive ,director1 and the designated agency shall1 as reasonably necessary1 provide support and staff to enable the ,executive ,director to fulfill the duties of the ,executive ,director under this ,act4 #d4 ,permitting process improvement 7a7 ,project initiation and designation of participating agencies 7#a7 ,notice 7,a7 ,in general ,a project sponsor of a covered project shall submit to the ,executive ,director and the facilitating agency notice of the initiation of a proposed covered project4 7,b7 ,default designation ,if1 at the time of submission of the notice under subparagraph 7,a71 the ,executive ,director has not designated a facilitating agency under section #c7;c77#a77;,b7 for the categories of projects noticed1 the agency that receives the notice under subparagraph 7,a7 shall be designated as the facilitating agency4 7,c7 ,contents ,each notice described in subparagraph 7,a7 shall include-- 7i7 a statement of the purposes and objectives of the proposed project2 7ii7 a concise description1 including the general location of the proposed project and a summary of geospatial information1 if available1 illustrating the project area and the locations1 if any1 of environmental1 cultural1 and historic resources2 7iii7 a statement regarding the technical and financial ability of the project sponsor to construct the proposed project2 7iv7 a statement of any ,federal financing1 environmental reviews1 and authorizations anticipated to be required to complete the proposed project2 and 7v7 an assessment that the proposed project meets the definition of a covered project under section #b and a statement of reasons supporting the assessment4 7#b7 ,invitation 7,a7 ,in general ,not later than #de days after the date on which the ,executive ,director must make a specific entry for the project on the ,dashboard under subsection 7b77#b77;,a71 the facilitating agency or lead agency1 as applicable1 shall-- 7i7 identify all ,federal and non-,federal agencies and governmental entities likely to have financing1 environmental review1 authorization1 or other responsibilities with respect to the proposed project2 and 7ii7 invite all ,federal agencies identified under clause 7i7 to become a participating agency or a cooperating agency1 as appropriate1 in the environmental review and authorization management 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 facilitating or lead agency1 as applicable4 7#c7 ,participating and cooperating agencies 7,a7 ,in general ,an agency invited under paragraph 7#b7 shall be designated as a participating or cooperating agency for a covered project1 unless the agency informs the facilitating or lead agency1 as applicable1 in writing before the deadline under paragraph 7#b77;,b7 that the agency-- 7i7 has no jurisdiction or authority with respect to the proposed project2 or 7ii7 does not intend to exercise authority related to1 or submit comments on1 the proposed project4 7,b7 ,changed circumstances ,on request and a showing of changed circumstances1 the ,executive ,director may designate an agency that has opted out under subparagraph 7,a77ii7 to be a participating or cooperating agency1 as appropriate4 7#d7 ,effect of designation ,the designation described in paragraph 7#c7 shall not-- 7,a7 give the participating agency authority or jurisdiction over the covered project2 or 7,b7 expand any jurisdiction or authority a cooperating agency may have over the proposed project4 7#e7 ,lead agency designation 7,a7 ,in general ,on establishment of the lead agency1 the lead agency shall assume the responsibilities of the facilitating agency under this ,act4 7,b7 ,redesignation of facilitating agency ,if the lead agency assumes the responsibilities of the facilitating agency under subparagraph 7,a71 the facilitating agency may be designated as a cooperative or participating agency4 7#f7 ,change of facilitating or lead agency 7,a7 ,in general ,on the request of a participating agency or project sponsor1 the ,executive ,director may designate a different agency as the facilitating or lead agency1 as applicable1 for a covered project1 if the facilitating or lead agency or the ,executive ,director 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 ,the ,executive ,director shall resolve any dispute over designation of a facilitating or lead agency for a particular covered project4 7b7 ,permitting ,dashboard 7#a7 ,requirement to maintain 7,a7 ,in general ,the ,executive ,director1 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 environmental reviews and authorizations for any covered project in the inventory described in section #c7;c77#a77;,a7 and any projects subject to section #aci of title #bc1 ,united ,states ,code1 or section #bjde of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdh74 7,b7 ,specific and searchable entry ,the ,dashboard shall include a specific and searchable entry for each covered project4 7#b7 ,additions 7,a7 ,in general 7i7 ,existing projects ,not later than #ad days after the date on which the ,executive ,director adds a project to the inventory under section #c7;c77#a77;,a71 the ,executive ,director shall create a specific entry on the ,dashboard for the covered project4 7ii7 ,new projects ,not later than #ad days after the date on which the ,executive ,director receives a notice under subsection 7a77#a71 the ,executive ,director shall create a specific entry on the ,dashboard for the covered project1 unless the ,executive ,director1 facilitating agency1 or lead agency1 as applicable1 determines that the project is not a covered project4 7,b7 ,explanation ,if the facilitating agency or lead agency1 as applicable1 determines that the project is not a covered project1 the project sponsor may submit a further explanation as to why the project is a covered project not later than #ad days after the date of the determination under subparagraph 7,a74 7,c7 ,final determination ,not later than #ad days after receiving an explanation described in subparagraph 7,b71 the ,executive ,director shall-- 7i7 make a final and conclusive determination as to whether the project is a covered project2 and 7ii7 if the ,executive ,director determines that the project is a covered project1 create a specific entry on the ,dashboard for the covered project4 7#c7 ,postings by agencies 7,a7 ,in general ,for each covered project added to the ,dashboard under paragraph 7#b71 the facilitating or lead agency1 as applicable1 and each cooperating and participating agency shall post to the ,dashboard-- 7i7 a hyperlink that directs to a website that contains1 to the extent consistent with applicable law-- 7,i7 the notification submitted under subsection 7a77#a72 7,,ii7 7aa7 where practicable1 the application and supporting documents1 if applicable1 that have been submitted by a project sponsor for any required environmental review or authorization2 or 7bb7 a notice explaining how the public may obtain access to such documents2 7,,iii7 a description of any ,federal agency action taken or decision made that materially affects the status of a covered project2 7,,iv7 any significant document that supports the action or decision described in subclause 7,,iii72 and 7,v7 a description of 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 court2 and 7ii7 any document described in clause 7i7 that is not available by hyperlink on another website4 7,b7 ,deadline ,the information described in subparagraph 7,a7 shall be posted to the website made available by hyperlink on the ,dashboard not later than #b business days after the date on which the ,federal agency receives the information4 7#d7 ,postings by the ,executive ,director ,the ,executive ,director shall publish to the ,dashboard-- 7,a7 the permitting timetable established under subparagraph 7,a7 or 7,c7 of subsection 7c77#b72 7,b7 the status of the compliance of each agency with the permitting timetable2 7,c7 any modifications of the permitting timetable2 7,d7 an explanation of each modification described in subparagraph 7,c72 and 7,e7 any memorandum of understanding established under subsection 7c77#c77;,b74 7c7 ,coordination and timetables 7#a7 ,coordinated project plan 7,a7 ,in general ,not later than #fj days after the date on which the ,executive ,director must make a specific entry for the project on the ,dashboard under subsection 7b77#b77;,a71 the facilitating or lead agency1 as applicable1 in consultation with each coordinating and participating agency1 shall establish a concise plan for coordinating public and agency participation in1 and completion of1 any required ,federal environmental review and authorization for the project4 7,b7 ,required information ,the ,coordinated ,project ,plan shall include the following information and be updated by the facilitating or lead agency1 as applicable1 at least once per quarter3 7i7 ,a list of1 and roles and responsibilities for1 all entities with environmental review or authorization responsibility for the project4 7ii7 ,a permitting timetable1 as described in paragraph 7#b71 setting forth a comprehensive schedule of dates by which all environmental reviews and authorizations1 and to the maximum extent practicable1 ,state permits1 reviews and approvals must be made4 7iii7 ,a discussion of potential avoidance1 minimization1 and mitigation strategies1 if required by applicable law and known4 7iv7 ,plans and a schedule for public and tribal outreach and coordination1 to the extent required by applicable law4 7,c7 ,memorandum of understanding ,the coordinated project plan described in subparagraph 7,a7 may be incorporated into a memorandum of understanding4 7#b7 ,permitting timetable 7,a7 ,establishment ,as part of the coordination project plan under paragraph 7#a71 the facilitating or lead agency1 as applicable1 in consultation with each cooperating and participating agency1 the project sponsor1 and any ,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 environmental review or authorization required for the project4 7,b7 ,factors for consideration ,in establishing the permitting timetable under subparagraph 7,a71 the facilitating or 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 7v7 the financing plan for the project2 and 7vi7 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 ,dispute resolution 7i7 ,in general ,the ,executive ,director1 in consultation with appropriate agency ,c,e,r,p,os and the project sponsor1 shall1 as necessary1 mediate any disputes regarding the permitting timetable established under subparagraph 7,a74 7ii7 ,disputes ,if a dispute remains unresolved #cj days after the date on which the dispute was submitted to the ,executive ,director1 the ,director of the ,office of ,management and ,budget1 in consultation with the ,chairman of the ,council on ,environmental ,quality1 shall resolve the dispute4 7iii7 ,final resolution ,resolution of a dispute by the ,director of the ,office of ,management and ,budget under clause 7ii7 shall-- 7,i7 be final and conclusive2 and 7,,ii7 not be subject to judicial review4 7,d7 ,modification after approval 7i7 ,in general ,the facilitating or lead agency1 as applicable1 may modify a permitting timetable established under subparagraph 7,a7 only if-- 7,i7 the facilitating or lead agency1 as applicable1 and the affected cooperating agencies1 after consultation with the participating agencies1 agree to a different deadline2 and 7,,ii7 the facilitating agency or lead agency1 as applicable1 or the affected cooperating agency provides a written justification for the modification4 7ii7 ,deadline ,a deadline in the permitting timetable may not be modified within #cj days of the deadline4 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 law and shall not prevent any cooperating or participating agency from discharging any obligation under ,federal law in connection with the project4 7,f7 ,conforming to permitting timetables 7i7 ,in general ,each ,federal agency shall conform to the deadlines set forth in the permitting timetable established under subparagraph 7,a71 or with any deadline modified under subparagraph 7,d74 7ii7 ,failure to conform ,if a ,federal agency fails to conform with a deadline for agency action on a covered project or is at significant risk of failing to conform with such a deadline1 the agency shall-- 7,i7 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 to the deadline and a proposal for an alternative deadline2 7,,ii7 in consultation with the facilitating or lead agency1 as applicable1 establish an alternative deadline2 and 7,,iii7 each month thereafter until the agency has taken final action on the delayed authorization or review1 submit to the ,executive ,director for posting on the ,dashboard a status report describing any agency activity related to the project4 7,g7 ,abandonment of covered project 7i7 ,in general ,if the facilitating or lead agency1 as applicable1 has a reasonable basis to doubt the continuing technical or financial ability of the project sponsor to construct the covered project1 the facilitating or lead agency may request the project sponsor provide an updated statement regarding the ability of the project sponsor to complete the project4 7ii7 ,failure to respond ,if the project sponsor fails to respond to a request described in clause 7i7 by the date that is #cj days after receiving the request1 the lead or facilitating agency1 as applicable1 shall notify the ,executive ,director1 who shall publish an appropriate notice on the ,dashboard4 7iii7 ,publication to ,dashboard ,on publication of a notice under clause 7ii71 the deadlines in the permitting timetable shall be tolled and agencies shall be relieved of the obligation to comply with subparagraph 7,f7 until such time as the project sponsor submits to the facilitating or lead agency1 as applicable1 an updated statement regarding the technical and financial ability of the project sponsor to construct the project4 7#c7 ,cooperating ,state1 local1 or tribal governments 7,a7 ,in general ,to the maximum extent practicable under applicable law1 the facilitating or lead agency1 as applicable1 shall coordinate the ,federal environmental review and authorization processes 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 completion of environmental reviews and authorizations4 7,b7 ,memorandum of understanding 7i7 ,in general ,any coordination plan between the facilitating or lead agency1 as applicable1 and any ,state1 local1 or tribal agency shall1 to the maximum extent practicable1 be included in a memorandum of understanding4 7ii7 ,submission to ,executive ,director ,the facilitating or lead agency1 as applicable1 shall submit to the ,executive ,director each memorandum of understanding described in clause 7i74 7d7 ,early consultation ,the facilitating or lead agency1 as applicable1 shall provide an expeditious process for project sponsors to confer with each cooperating and participating agency involved and1 not later than #fj days after the date on which the project sponsor submits a request under this subsection1 to have each such agency provide to the project sponsor information concerning-- 7#a7 the availability of information and tools1 including pre-application toolkits1 to facilitate early planning efforts2 7#b7 key issues of concern to each agency and to the public2 and 7#c7 issues that must be addressed before an environmental review or authorization can be completed4 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 7a7 ,in general ,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 7b7 ,regional infrastructure ,for the purpose of this ,act1 a regional infrastructure development agency referred to in subsection 7a7 shall have the same authorities and responsibilities of a ,state agency4 #f4 ,coordination of required reviews 7a7 ,concurrent reviews ,to integrate environmental reviews and authorizations1 each agency shall1 to the maximum extent practicable-- 7#a7 carry out the obligations of the agency with respect to a covered project under any other applicable law concurrently1 and in conjunction with1 other environmental reviews and authorizations being conducted by other cooperating or participating agencies1 including environmental reviews and authorizations required under ,,nepa1 unless the agency determines that doing so would impair the ability of the agency to carry out the statutory obligations of the agency2 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 ,adoption1 incorporation by reference1 and use of documents 7#a7 ,state environmental documents2 supplemental documents 7,a7 ,use of existing documents 7i7 ,in general ,on the request of a project sponsor1 a lead agency shall consider and1 as appropriate1 adopt or incorporate by reference1 the analysis and documentation that has been prepared for a covered project under ,state laws and procedures as the documentation1 or part of the documentation1 required to complete an environmental review for the covered project1 if the analysis and documentation were1 as determined by the lead agency in consultation with the ,council on ,environmental ,quality1 prepared under circumstances that allowed for opportunities for public participation and consideration of alternatives and environmental consequences that are substantially equivalent to what would have been available had the documents and analysis been prepared by a ,federal agency pursuant to ,,nepa4 7ii7 ,guidance by ,,ceq ,the ,council on ,environmental ,quality may issue guidance to carry out this subsection4 7,b7 ,,nepa obligations ,an environmental document adopted under subparagraph 7,a7 or a document that includes documentation incorporated under subparagraph 7,a7 may serve as the documentation required for an environmental review or a supplemental environmental review required to be prepared by a lead agency under ,,nepa4 7,c7 ,supplementation of ,state documents ,if the lead agency adopts or incorporates analysis and documentation described in subparagraph 7,a71 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-- 7i7 a significant change has been made to the covered project that is relevant for purposes of environmental review of the project2 or 7ii7 there has been a significant circumstance or new information has emerged that is relevant to the environmental review for the covered project4 7,d7 ,comments ,if a lead agency prepares and publishes a supplemental document under subparagraph 7,c71 the lead agency shall solicit comments from other agencies and the public on the supplemental document for a period of not more than #de days1 beginning on the date on which the supplemental document is published1 unless-- 7i7 the lead agency1 the project sponsor1 and any cooperating agency agree to a longer deadline2 or 7ii7 the lead agency extends the deadline for good cause4 7,e7 ,notice of outcome of environmental review ,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 engage cooperating agencies in determining the range of alternatives to be considered for a covered 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 covered project4 7#c7 ,methodologies 7,a7 ,in general ,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 covered project4 7,b7 ,environmental review ,a cooperating agency shall use the methodologies referred to in subparagraph 7,a7 when conducting any required environmental review1 to the extent consistent with existing law4 7#d7 ,preferred alternative ,with the concurrence of the cooperating agencies and 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 alternatives4 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 less than #de days and 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 any cooperating agency agree to a longer deadline2 or 7,b7 the lead agency extends the deadline for good cause4 7#b7 ,other review and comment periods ,for all other review or comment periods in the environmental review process described in parts #aejj through #aejh of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 the lead agency shall establish a comment period of not more than #de 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 any cooperating agency agree to a longer deadline2 or 7,b7 the lead agency extends the deadline for good cause4 7e7 ,issue identification and resolution 7#a7 ,cooperation ,the lead agency and each cooperating and participating agency shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of an environmental review or an authorization required for the project under applicable law or result in the denial of any approval under applicable law4 7#b7 ,lead agency responsibilities 7,a7 ,in general ,the lead agency shall make information available to each cooperating and participating agency and project sponsor 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 ,cooperating and participating agency responsibilities ,each cooperating and participating agency shall-- 7,a7 identify1 as early as practicable1 any issues of concern regarding any potential environmental impacts of the covered project1 including any issues that could substantially delay or prevent an agency from completing any environmental review or authorization required for the project2 and 7,b7 communicate any issues described in subparagraph 7,a7 to the project sponsor4 7f7 ,categories of projects ,the authorities granted under this section may be exercised for an individual covered project or a category of covered projects4 #g4 ,delegated ,state permitting programs 7a7 ,in general ,if a ,federal statute permits a ,federal agency to delegate to or otherwise authorize a ,state to issue or otherwise administer a permit program in lieu of the ,federal agency1 the ,federal agency with authority to carry out the statute shall-- 7#a7 on publication by the ,council of best practices under section #c7;c77#b77;,b71 initiate a national process1 with public participation1 to determine whether and the extent to which any of the best practices are generally applicable on a delegation- or authorization-wide basis to permitting under the statute2 and 7#b7 not later than #b years after the date of enactment of this ,act1 make model recommendations for ,state modifications of the applicable permit program to reflect the best practices described in section #c7;c77#b77;,b71 as appropriate4 7b7 ,best practices ,lead and cooperating agencies may share with ,state1 tribal1 and local authorities best practices involved in review of covered projects and invite input from ,state1 tribal1 and local authorities regarding best practices4 #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 #b years after the date of publication in the ,federal ,register of the final record of decision or approval or denial of a permit1 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 or a party that lacked a reasonable opportunity to submit a comment2 and 7ii7 a party filed a sufficiently detailed comment so as 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 ,separate action ,if ,federal law requires the preparation of a supplemental environmental impact statement or other supplemental environmental document1 the preparation of such document shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the agency action shall be #b years after the date on which a notice announcing the final agency action is published in the ,federal ,register1 unless a shorter time is specified in the ,federal law under which judicial review is allowed4 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 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 effects on public health1 safety1 and the environment1 the potential for significant job losses1 and 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 competent jurisdiction4 7d7 ,savings clause ,nothing in this ,act-- 7#a7 supersedes1 amends1 or modifies any ,federal 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 year for #aj years beginning on the date of enactment of this ,act1 the ,executive ,director 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 councilmember1 with input from the respective agency ,,cerpo1 shall have the opportunity to include comments concerning the performance of the agency in the report described in subsection 7a74 #aj4 ,funding for governance1 oversight1 and processing of environmental reviews and permits 7a7 ,in general ,the heads of agencies listed in section #c7;b77#b77;,b71 with the guidance of the ,director of the ,office of ,management and ,budget and in consultation with the ,executive ,director1 may1 after public notice and opportunity for comment1 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 projects4 7b7 ,reasonable costs ,as used in this section1 the term reasonable costs shall include costs to implement the requirements and authorities required under sections #c and #d1 including the costs to agencies and the costs of operating the ,council4 7c7 ,fee structure ,the fee structure established under subsection 7a7 shall-- 7#a7 be developed in consultation with affected project proponents1 industries1 and other stakeholders2 7#b7 exclude parties for which the fee would impose an undue financial burden or is otherwise determined to be inappropriate2 and 7#c7 be established in a manner that ensures that the aggregate amount of fees collected for a fiscal year is estimated not to exceed #bj 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 ,act1 as determined by the ,director of the ,office of ,management and ,budget4 7d7 ,environmental review and permitting improvement fund 7#a7 ,in general ,all amounts collected pursuant to this section shall be deposited into a separate fund in the ,treasury of the ,united ,states to be known as the ,environmental ,review ,improvement ,fund 7referred to in this section as the ,fund74 7#b7 ,availability ,amounts in the ,fund shall be available to the ,executive ,director1 without appropriation or fiscal year limitation1 solely for the purposes of administering1 implementing1 and enforcing this ,act1 including the expenses of the ,council4 7#c7 ,transfer ,the ,executive ,director1 with the approval of the ,director of the ,office of ,management and ,budget1 may transfer amounts in the ,fund to other agencies to facilitate timely and efficient environmental reviews and authorizations for proposed covered projects4 7e7 ,effect on permitting ,the regulations adopted pursuant to subsection 7a7 shall ensure that the use of funds accepted under subsection 7d7 will not impact impartial decision-making with respect to environmental reviews or authorizations1 either substantively or procedurally4 7f7 ,transfer of appropriated funds ,the heads of agencies listed in section #c7;b77#b77;,b7 shall have the authority to transfer funds appropriated to those agencies and not otherwise obligated for the development of infrastructure projects1 or the environmental review and authorization of infrastructure projects1 among affected ,federal agencies to implement the provisions of this ,act in accordance with section #aece of title #ca1 ,united ,states ,code4 #aa4 ,application ,this ,act applies to any covered project for which-- 7#a7 a notice is filed under section #d7;a77#a72 or 7#b7 an application or other request for a ,federal authorization is pending before a ,federal agency #ij days after the date of enactment of this ,act4 ,amend the title so as to read3 ,a bill to improve the efficiency1 management1 and interagency coordination of the ,federal permitting process1 and for other purposes44 ,august #d1 #bjae,reported with an amendment and an amendment to the title