,,ii #aagth ,,congress #ast ,session ,s4 #bcbd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ac1 #bjba,mr4 ,portman 7for himself1 ,ms4 ,sinema1 ,mr4 ,manchin1 and ,mr4 ,sullivan7 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 ,section #dajja of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7 is amended-- 7#a7 in paragraph 7#c71 by inserting and any interagency consultation after issued by an agency2 7#b7 in paragraph 7#d71 by striking means and all that follows through the period at the end of subparagraph 7,b7 and inserting has the meaning given the term in section #aejh4a of title #dj1 ,code of ,federal ,regulations 7or successor regulations742 7#c7 in paragraph 7#e71 by striking ,federal ,infrastructure ,permitting ,improvement ,steering ,council and inserting ,federal ,permitting ,improvement ,steering ,council2 7#d7 in paragraph 7#f77;,a7-- 7,a7 in clause 7ii71 by striking or at the end2 7,b7 by redesignating clause 7iii7 as clause 7iv72 and 7,c7 by inserting after clause 7ii7 the following3 7iii7 is-- 7,i7 subject to ,,nepa2 7,,ii7 sponsored by an ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 an ,alaska ,native ,corporation1 a ,native ,hawaiian organization 7as defined in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag771 the ,department of ,hawaiian ,home ,lands1 or the ,office of ,hawaiian ,affairs2 and 7,,iii7 located on land owned or under the jurisdiction of the entity that sponsors the activity under subclause 7,,ii72 or 2 and 7#e7 in paragraph 7#h71 by striking means and all that follows through the period at the end and inserting has the meaning given the term in section #aejh4a of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7b7 ,federal ,permitting ,improvement ,steering ,council ,section #dajjb of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#a7 is amended-- 7#a7 in the section heading1 by striking ,federal ,permitting ,improvement ,council and inserting ,federal ,permitting ,improvement ,steering ,council2 7#b7 in subsection 7b77#b77;,a7-- 7,a7 in clause 7i7-- 7i7 by striking ,each and inserting the following3 7,i7 ,in general ,each 2 and 7ii7 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 and 7,b7 in clause 7iii77,,ii71 by striking a deputy secretary 7or the equivalent7 or higher and inserting the applicable agency councilmember2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,c77ii7-- 7i7 by striking subclause 7,i7 and inserting the following3 7,i7 ,in general ,the performance schedules shall reflect employment of the most sound and efficient applicable processes1 including the alignment of ,federal reviews of projects1 reduction of permitting and project delivery time1 and consideration of the best practices for public participation4 2 7ii7 by redesignating subclause 7,,ii7 as subclause 7,,iii72 7iii7 by inserting after subclause 7,i7 the following3 7,,ii7 ,goal 7aa7 ,in general ,to the maximum extent practicable1 and consistent with applicable ,federal law1 the ,executive ,director1 in consultation with the ,council1 shall aim to develop recommended performance schedules under clause 7i7 of not more than #b years4 7bb7 ,exception ,if a recommended performance schedule developed under clause 7i7 exceeds #b years1 the relevant agencies1 in consultation with the ,executive ,director and the ,council1 shall explain in that recommended performance schedule the factors that cause the environmental reviews and authorizations in that category of covered projects to take longer than #b years4 2 and 7iv7 in subclause 7,,iii77bb7 7as so redesignated71 by striking on the basis of data from the preceding #b calendar years and inserting based on relevant historical data1 as determined by the ,executive ,director12 7,b7 in paragraph 7#b77;,b7-- 7i7 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 7ii7 in clause 7i7-- 7,i7 by striking stakeholder engagement1 including fully considering and inserting 8stakeholder engagement1 including-- 7,,ii7 fully considering 2 and 7,,ii7 by inserting before subclause 7,,ii7 7as added by subclause 7,i77 the following3 7,i7 engaging with ,native ,american stakeholders to ensure that project sponsors and agencies identify potential natural1 archeological1 and cultural resources and locations of historic and religious significance in the area of a covered project2 and 2 7iii7 in clause 7vii71 by striking and at the end2 7iv7 by redesignating clause 7viii7 as clause 7x72 and 7v7 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 7ix7 using programmatic assessments1 templates1 and other tools based on the best available science and data2 and 2 and 7,c7 in paragraph 7#c77;,a71 by inserting 1 including agency compliance with intermediate and final completion dates described in coordinated project plans after authorizations2 and 7#d7 by striking subsection 7d74 7c7 ,permitting process improvement ,section #dajjc of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#b7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by adding at the end the following3 7,d7 ,confidentiality ,any information relating to ,native ,american natural1 cultural1 and historical resources submitted in a notice by a project sponsor under subparagraph 7,a7 shall be-- 7i7 kept confidential2 and 7ii7 exempt from the disclosure requirements under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 and the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking #de days and inserting #ba calendar days2 and 7ii7 in subparagraph 7,b71 by inserting #ad calendar day before deadline2 and 7,c7 in paragraph 7#c77;,a71 in the matter preceding clause 7i71 by inserting and the ,executive ,director after as applicable12 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b77;,a71 by adding at the end the following3 7iii7 ,projects other than covered projects 7,i7 ,in general ,the ,executive ,director may direct a lead agency to create a specific entry on the ,dashboard for a project that is not a covered project and is under review by the lead agency if the ,executive ,director determines that a ,dashboard entry for that project is in the interest of transparency4 7,,ii7 ,requirements ,not later than #ad days after the date on which the ,executive ,director directs the lead agency to create a specific entry on the ,dashboard for a project described in subclause 7,i71 the lead agency shall create and maintain a specific entry on the ,dashboard for the project that contains-- 7aa7 a comprehensive permitting timetable1 as described in subsection 7c77#b77;,a72 7bb7 the status of the compliance of each lead agency1 cooperating agency1 and participating agency with the permitting timetable required under item 7aa72 7cc7 any modifications of the permitting timetable required under item 7aa71 including an explanation as to why the permitting timetable was modified2 and 7dd7 information about project-related public meetings1 public hearings1 and public comment periods1 which shall be presented in ,english and the predominant language of the community or communities most affected by the project1 as that information becomes available4 2 and 7,b7 in paragraph 7#c77;,a7-- 7i7 in clause 7i7-- 7,i7 in subclause 7,,iv71 by striking and at the end2 7,,ii7 by redesignating subclause 7,v7 as subclause 7,,vi72 7,,iii7 by inserting after subclause 7,,iv7 the following3 7,v7 information on the status of mitigation measures that were agreed to as part of the environmental review and permitting process1 including whether and when the mitigation measures have been fully implemented2 and 2 and 7,,iv7 in subclause 7,,vi7 7as so redesignated71 by striking and at the end2 7ii7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 information about project-related public meetings1 public hearings1 and public comment periods1 which shall be presented in ,english and the predominant language of the community or communities most affected by the project1 as that information becomes available4 2 and 7#c7 in subsection 7c77#b7-- 7,a7 in subparagraph 7,a71 strike coordination and insert coordinated2 7,b7 in subparagraph 7,d77i7-- 7i7 by redesignating subclauses 7,i7 through 7,,iii7 as subclauses 7,,ii7 through 7,,iv71 respectively2 7ii7 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 7iii7 in subclause 7,,ii7 7as so redesignated71 by inserting 1 the ,executive ,director1 after participating agencies2 and 7,c7 in subparagraph 7,f7-- 7i7 in clause 7i7-- 7,i7 by inserting intermediate and final before completion dates2 and 7,,ii7 by inserting intermediate or final before completion date2 and 7ii7 in clause 7ii7-- 7,i7 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 intermediate or final completion date for agency action on a covered project or reasonably believes the agency will fail to conform with a completion date #cj days before2 and 7,,ii7 in subclause 7,i71 by striking significantly risking failing to conform and inserting reasonably believing the agency will fail to conform4 7d7 ,coordination of required reviews ,section #dajje of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#d7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking and at the end2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 where an environmental impact statement is required for a project1 prepare a single1 joint interagency environmental impact statement for the project unless the lead agency provides justification in the coordinated project plan that multiple environmental documents are more efficient for project review and authorization4 2 7#b7 in subsection 7b7-- 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 redesignated7-- 7i7 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 and 7ii7 in subparagraph 7,a7 7as so redesignated7-- 7,i7 by striking ,state laws and procedures and inserting the laws and procedures of a ,state or ,indian ,tribe 7as defined in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj772 and 7,,ii7 by inserting developed pursuant to laws and procedures of that ,state or ,indian ,tribe 7as so defined7 that are of equal or greater rigor to each applicable ,federal law and procedure1 and after ,council on ,environmental ,quality12 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-- 7i7 in the matter preceding clause 7i71 by striking subparagraph 7,a7 and inserting paragraph 7#a72 and 7ii7 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-- 7i7 in the matter preceding clause 7i71 by striking subparagraph 7,c7 and inserting paragraph 7#c72 and 7ii7 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-- 7i7 by striking subparagraph 7,a7 and inserting paragraph 7#a72 and 7ii7 by striking subparagraph 7,c7 and inserting paragraph 7#c72 7#c7 in subsection 7c77#d7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking determines that the development of the higher level of detail will not prevent-- and inserting determines that--2 7,b7 in subparagraph 7,a71 by inserting the development of the higher level of detail will not prevent before the lead agency2 and 7,c7 by striking subparagraph 7,b7 and inserting the following3 7,b7 the preferred and other alternatives are developed in sufficient detail to enable the public to comment on the alternatives4 2 7#d7 by redesignating subsection 7f7 as subsection 7g72 and 7#e7 by inserting after subsection 7e7 the following3 7f7 ,record of decision ,when an environmental impact statement is prepared1 ,federal agencies must1 to the maximum extent practicable1 issue a record of decision not later than #ij days after the date on which the final environmental impact statement is issued4 4 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 by striking subsection 7a7 and inserting the following3 7a7 ,reports to ,congress 7#a7 ,executive ,director annual report 7,a7 ,in general ,not later than ,april #ae of each year for #aj years beginning on the date of enactment of the ,federal ,permitting ,reform and ,jobs ,act1 the ,executive ,director shall submit to ,congress a report detailing the progress accomplished under this title during the previous fiscal year4 7,b7 ,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 subparagraph 7,a74 7#b7 ,quarterly agency performance report ,the ,executive ,director shall submit to ,congress a quarterly report evaluating agency compliance with the provisions of this title1 which shall include a description of the implementation and adherence of each agency to the coordinated project plan and permitting timetable requirements under section #dajjc7;c74 7#c7 ,agency best practices report ,not later than ,april #ae of each year1 each participating agency and lead agency shall submit to ,congress and the ,director of the ,office of ,management and ,budget a report assessing the performance of the agency in implementing the best practices described in section #dajjb7;c77#b77;,b74 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 in subsection 7d7-- 7,a7 in the subsection heading1 by striking and ,permitting2 and 7,b7 by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,availability ,amounts in the ,fund shall be available to the ,executive ,director1 without fiscal year limitation1 solely for the purposes of administering1 implementing1 and enforcing this title1 including the expenses of the ,council1 staffing of the ,office of the ,executive ,director1 and support of the role of the ,council as a ,federal center for permitting excellence1 which may include supporting interagency detailee and rotation opportunities1 advanced training1 enhanced support for agency project managers1 and fora for sharing information and lessons learned4 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 ,federal agencies and ,state1 ,tribal1 and local governments to facilitate timely and efficient environmental reviews and authorizations for 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 ,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 7j7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,,fast ,act 7,public ,law #aad-id2 #abi ,stat4 #acai7 is amended by striking the item relating to section #dajjb and inserting the following3 ,sec4 #dajjb4 ,federal ,permitting ,improvement ,steering ,council4 4