,,ii #aafth ,,congress #ast ,session ,s4 #aigf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bf1 #bjai,mr4 ,portman introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend the ,,fast ,act to improve the ,federal permitting process1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,permitting ,reform and ,jobs ,act4 #b4 ,federal permitting improvement 7a7 ,definitions 7#a7 ,in general ,section #dajja of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7 is amended-- 7,a7 in paragraph 7#d71 by striking means and all that follows through the period at the end and inserting has the meaning given the term in section #aejh4e of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of the ,federal ,permitting ,reform and ,jobs ,act742 7,b7 in paragraph 7#e71 by striking ,federal ,infrastructure ,permitting ,improvement ,steering ,council and inserting ,federal ,permitting ,improvement ,steering ,council2 and 7,c7 in paragraph 7#f7-- 7i7 in subparagraph 7,a71 in the matter preceding clause 7i71 by inserting projects after infrastructure2 and 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,treatment ,section #eec of title #e1 ,united ,states ,code1 shall not apply to a majority vote described in subparagraph 7,a74 4 7b7 ,federal ,permitting ,improvement ,council ,section #dajjb of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#a7 is amended-- 7#a7 in subsection 7b77#b77;,a77i7-- 7,a7 by striking ,each and inserting the following3 7,i7 ,in general ,each 2 and 7,b7 by adding at the end the following3 7,,ii7 ,redesignation ,if an individual listed in subparagraph 7,b7 designates a different member to serve on the ,council than the member designated under subclause 7,i71 the individual shall notify the ,executive ,director of the designation by not later than #cj days after the date on which the designation is made4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking later than and all that follows through practices for and inserting less frequently than annually1 the ,council shall issue recommendations on the best practices for improving the ,federal permitting process for covered projects1 which may include2 7,,ii7 in clause 7vii71 by striking and at the end2 7,,iii7 by redesignating clause 7viii7 as clause 7ix72 and 7,,iv7 by inserting after clause 7vii7 the following3 7viii7 in coordination with the ,executive ,director1 improving preliminary engagement with project sponsors in developing coordinated project plans2 and 2 7ii7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7iii7 by inserting after subparagraph 7,b7 the following3 7,c7 ,notification ,the ,executive ,director shall notify the ,committees on ,homeland ,security and ,governmental ,affairs and ,environment and ,public ,works of the ,senate and the ,committees on ,energy and ,commerce and ,transportation and ,infrastructure of the ,house of ,representatives if any agency fails to reasonably implement the recommended best practices4 2 and 7,b7 in paragraph 7#c77;,a71 by inserting 1 including agency compliance with interim and final completion dates described in coordinated project plans after authorizations2 and 7#c7 in subsection 7d7-- 7,a7 by striking ,the ,director and inserting the following3 7#a7 ,in general ,the ,director 2 and 7,b7 by adding at the end the following3 7#b7 ,savings provision ,the designated agency under paragraph 7#a7 shall not-- 7,a7 participate in policy decisions or substantive management of the ,council2 or 7,b7 require the ,executive ,director or the ,council to comply with agency policies in carrying out the duties of the ,executive ,director or the ,council1 as applicable4 4 7c7 ,permitting process improvement ,section #dajjc of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#b7 is amended-- 7#a7 in subsection 7a77#c77;,a71 in the matter preceding clause 7i71 by inserting and the ,executive ,director after as applicable12 7#b7 in subsection 7b77#b7-- 7,a7 by striking #ad days each place it appears and inserting #ad business days2 and 7,b7 in subparagraph 7,a77ii71 by inserting completed before notice2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by inserting in coordination with the ,executive ,director and after as applicable12 and 7ii7 in subparagraph 7,b71 by adding at the end the following3 7v7 ,a checklist-- 7,i7 to help project sponsors identify potential natural1 cultural1 and historic resources in the area of the project2 and 7,,ii7 the purposes of which are-- 7aa7 to identify agencies and organizations that can provide information about natural1 cultural1 and historic resources2 and 7bb7 to develop the information needed to determine the range of alternatives4 7vi7 ,in the case of a tiered project review1 a description of the relationship between any applicable programmatic analysis and the planned tiered environmental review4 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking ,as part of the coordination project plan and inserting the following3 7i7 ,in general ,in accordance with clause 7ii7 and as part of the coordinated project plan 2 and 7,,ii7 by adding at the end the following3 7ii7 ,goal 7,i7 ,in general ,the permitting timetable established under clause 7i7 shall provide for the completion of the permitting process within #b years4 7,,ii7 ,exception ,if the facilitating agency or lead agency1 as applicable1 determines that the permitting process cannot be completed within #b years1 the coordinated project plan under paragraph 7#a7 shall include-- 7aa7 the specific reasons why the facilitating agency or lead agency1 as applicable1 anticipates that the permitting process will take longer than #b years2 and 7bb7 the specific efforts that the facilitating agency or lead agency1 as applicable1 each coordinating and participating agency1 the project sponsor1 and any ,state in which the project is located will take to reduce the time needed to complete the permitting process4 2 7ii7 in subparagraph 7,d77i7-- 7,i7 by redesignating subclauses 7,i7 through 7,,iii7 as subclauses 7,,ii7 through 7,,iv71 respectively2 7,,ii7 by inserting before subclause 7,,ii7 7as so redesignated7 the following3 7,i7 the facilitating or lead agency1 as applicable1 consults with the ,executive ,director regarding the potential modification not less than #ae days before engaging in the consultation under subclause 7,,ii72 2 and 7,,iii7 in subclause 7,,ii7 7as so redesignated71 by inserting 1 the ,executive ,director1 after participating agencies2 and 7iii7 in subparagraph 7,f7-- 7,i7 in clause 7i7-- 7aa7 by inserting interim and final before completion dates2 and 7bb7 by inserting interim or final before completion date2 and 7,,ii7 in clause 7ii7-- 7aa7 in the matter preceding subclause 7,i71 by striking a completion date for agency action on a covered project or is at significant risk of failing to conform with and inserting an interim or final completion date for agency action on a covered project or reasonably believes the agency will fail to conform with a completion date #cj days before2 and 7bb7 in subclause 7,i71 by striking significantly risking failing to conform and inserting reasonably believing the agency will fail to conform2 7#d7 in subsection 7d7-- 7,a7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively1 and indenting appropriately2 and 7,b7 by striking the matter preceding subparagraph 7,a7 7as so redesignated7 and inserting the following3 7#a7 ,in general ,the facilitating or lead agency1 as applicable1 shall provide an expeditious process for potential or current project sponsors to confer with each potential and identified cooperating and participating agency involved4 7#b7 ,provision of information ,not later than #fj days after the date on which the potential or current project sponsor submits a request under this subsection1 each agency that received such a request shall provide to the project sponsor information concerning-- 2 and 7#e7 by striking subsection 7f7 and inserting the following3 7f7 ,facilitation of environmental review and authorization process of additional projects 7#a7 ,in general ,in the case of a project that is not a covered project1 on the request of an individual described in section #dajjb7;b77#b77;,b7 or the project sponsor1 the ,executive ,director may work with the lead agency and any cooperating or participating agency to facilitate the environmental review and authorization process in accordance with this subsection1 including by-- 7,a7 mediating and resolving disputes2 7,b7 promoting early coordination among the agencies2 and 7,c7 taking such actions as may be established pursuant to paragraph 7#b74 7#b7 ,establishment of policies ,the ,executive ,director1 in consultation with the ,director of the ,office of ,management and ,budget and the ,chair of the ,council on ,environmental ,quality1 may establish policies and procedures as appropriate to carry out the facilitation under paragraph 7#a74 7#c7 ,cooperation required ,if the ,executive ,director is facilitating the environmental review and authorization process under paragraph 7#a71 the lead agency and any cooperating or participating agency shall cooperate with the ,executive ,director to the maximum extent practicable4 7#d7 ,savings provision ,facilitation of a project by the ,executive ,director under paragraph 7#a7 shall not subject the project to any provisions under this title1 other than as provided in this subsection4 4 7d7 ,coordination of required reviews ,section #dajje7;b7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#d7;b77 is amended-- 7#a7 by striking 7#a7 ,state environmental documents2 supplemental documents4--2 7#b7 by redesignating subparagraphs 7,a7 through 7,e7 as paragraphs 7#a7 through 7#e71 respectively1 and indenting appropriately2 7#c7 in paragraph 7#a7 7as so redesignated71 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 7#d7 in paragraph 7#b7 7as so redesignated71 by striking subparagraph 7,a7 each place it appears and inserting paragraph 7#a72 7#e7 in paragraph 7#c7 7as so redesignated7-- 7,a7 in the matter preceding clause 7i71 by striking subparagraph 7,a7 and inserting paragraph 7#a72 and 7,b7 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 7#f7 in paragraph 7#d7 7as so redesignated7-- 7,a7 in the matter preceding clause 7i71 by striking subparagraph 7,c7 and inserting paragraph 7#c72 and 7,b7 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 and 7#g7 in paragraph 7#e7 7as so redesignated7-- 7,a7 by striking subparagraph 7,a7 and inserting paragraph 7#a72 and 7,b7 by striking subparagraph 7,c7 and inserting paragraph 7#c74 7e7 ,litigation1 judicial review1 and savings provision ,section #dajjg of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#f7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking the action and inserting the claim2 and 7ii7 by striking of the final record of decision or approval or denial of a permit and inserting of notice of final agency action on the authorization2 and 7,b7 in subparagraph 7,b77i71 by striking the action and inserting the claim2 and 7#b7 in subsection 7e71 in the matter preceding paragraph 7#a71 by striking this section and inserting this title4 7f7 ,reports ,section #dajjh of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#g7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking based on and all that follows through including and inserting 1 including2 7,b7 in subparagraph 7,a71 by striking those best practices and inserting the best practices described in section #dajjb7;c77#b77;,b72 7,c7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7,c7 agency compliance with sections #dajjc through #dajjf4 2 and 7#b7 by adding at the end the following3 7c7 ,,ferc report 7#a7 ,in general ,not later than #ij days after the date of enactment of the ,federal ,permitting ,reform and ,jobs ,act1 the ,federal ,energy ,regulatory ,commission shall submit to the ,committees on ,homeland ,security and ,governmental ,affairs and ,environment and ,public ,works of the ,senate and the ,committees on ,energy and ,commerce and ,transportation and ,infrastructure of the ,house of ,representatives a report that includes recommendations on ways to reconcile regulations of the ,federal ,energy ,regulatory ,commission with requirements under this title4 7#b7 ,review ,in the first report under subsection 7a7 that is submitted after the date on which the report under paragraph 7#a7 is submitted1 the ,executive ,director shall include a review of the recommendations in the report under that paragraph4 4 7g7 ,funding for governance1 oversight1 and processing of environmental reviews and permits ,section #dajji of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#h7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,in general ,for the purpose of carrying out this title1 the ,executive ,director1 in consultation with the heads of the agencies listed in section #dajjb7;b77#b77;,b7 and with the guidance of the ,director of the ,office of ,management and ,budget1 may1 after public notice and opportunity for comment1 issue regulations establishing a fee structure for sponsors of covered projects to reimburse the ,united ,states for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects4 2 7#b7 in subsection 7b71 by striking and #dajjc and inserting through #dajjh2 and 7#c7 by striking subsection 7d77#c7 and inserting the following3 7#c7 ,transfer ,for the purpose of carrying out this title1 the ,executive ,director1 with the approval of the ,director of the ,office of ,management and ,budget1 may transfer amounts in the ,fund to other ,federal1 ,state1 ,tribal1 and local governments to facilitate timely and efficient environmental reviews and authorizations for proposed covered projects and other projects under this title1 including direct reimbursement agreements with agency ,c,e,r,p,os1 reimbursable agreements1 and approval and consultation processes and staff for covered projects4 4 7h7 ,sunset ,section #dajac of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#ab7 is repealed4 7i7 ,repeal of certain exclusions ,section #aaejc7;b7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm note2 ,public ,law #aad-id7 is repealed4 7j7 ,technical correction ,section #dajjb7;b77#b77;,a77ii7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#a7;b77#b77;,a77ii77 is amended by striking councilmem-ber and inserting councilmember4