,,ii #aahth ,,congress #b;d ,session ,s4 #dfgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aa 7legislative day1 ,july #aj71 #bjbd,mr4 ,peters introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend title ,,xli of the ,,fast ,act to improve the ,federal permitting process1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,permitting ,council ,improvement ,act of #bjbd4 #b4 ,federal permitting improvement 7a7 ,definitions ,section #dajja7f7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7#f77 is amended-- 7#a7 in subparagraph 7,b7-- 7,a7 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and indenting appropriately2 7,b7 in the matter preceding subclause 7,i7 7as so redesignated71 by striking ,the term and inserting the following3 7i7 ,in general ,subject to clause 7ii71 the term 2 and 7,c7 by adding at the end the following3 7ii7 ,clarification for requirements needed to complete environmental reviews and authorizations of covered projects ,notwithstanding clause 7i71 the ,department of ,transportation or ,army ,corps of ,engineers shall be subject to the requirements and other provisions of this title for any environmental review or authorization that the agency is required to complete1 subject to the conditions that the project is a covered project and is not 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 #bcdh71 as applicable4 2 and 7#b7 by adding at the end the following3 7,d7 ,clarification ,for purposes of subparagraph 7,a77iii77,,iii71 an activity shall be considered to be located on land owned or under the jurisdiction of a sponsoring entity if any part of the activity is located on that land4 4 7b7 ,federal ,permitting ,improvement ,steering ,council 7#a7 ,in general ,section #dajjb of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#a7 is amended-- 7,a7 in subsection 7b77#a77;,a71 by inserting 1 in consultation with the majority leader of the ,senate1 the ,speaker of the ,house of ,representatives1 the minority leader of the ,senate1 and the minority leader of the ,house of ,representatives after ,president2 and 7,b7 in subsection 7c7-- 7i7 in paragraph 7#a7-- 7,i7 by striking subparagraph 7,c72 7,,ii7 by redesignating subparagraph 7,d7 as subparagraph 7,c72 7,,iii7 in subparagraph 7,c7 7as so redesignated71 in the matter preceding clause 7i71 by striking 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 and inserting may issue guidance1 as necessary12 and 7,,iv7 by inserting after subparagraph 7,c7 7as so redesignated7 the following3 7,d7 ,clarification of responsibilities ,any guidance issued by the ,executive ,director under subparagraph 7,c77i7-- 7i7 shall be consistent with the implementing regulations for ,,nepa promulgated by the ,chair of the ,council on ,environmental ,quality and contained in subchapter ,a of chapter ,v of title #dj1 ,code of ,federal ,regulations 7or successor regulations72 and 7ii7 shall not supersede those regulations with respect to the implementation of ,,nepa4 2 and 7ii7 in paragraph 7#b77;,b71 in the matter preceding clause 7i71 by striking covered projects and inserting covered projects and other projects in sectors described in section #dajja7f77;,a74 7#b7 ,conforming amendments 7,a7 ,section #dajjb7;c77#b77;,a77i7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#a7;c77#b77;,a77i77 is amended by striking and the performance schedules under paragraph 7#a77;,c74 7,b7 ,section #dajjc7;c77#b77;,b7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#b7;c77#b77;,b77 is amended1 in the matter preceding clause 7i71 by striking follow and all that follows through relevant factors1 and inserting take into account relevant factors14 7c7 ,permitting process improvement ,section #dajjc of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#b7 is amended-- 7#a7 in subsection 7a77#a77;,c7-- 7,a7 by redesignating clauses 7ii7 through 7v7 as clauses 7iii7 through 7vi71 respectively2 and 7,b7 by inserting after clause 7i7 the following3 7ii7 a statement of the total investment required to plan1 design1 and construct the proposed project2 2 and 7#b7 in subsection 7c77#b7-- 7,a7 in subparagraph 7,c7-- 7i7 by striking clause 7i7 and inserting the following3 7i7 ,in general ,the ,executive ,director1 in consultation with appropriate agency officials and the project sponsor1 shall1 as necessary1 mediate any disputes identified by the project sponsor or appropriate agency official for any affected agency relating to the content or timing of the permitting timetable established under subparagraph 7,a74 2 7ii7 by redesignating clauses 7ii7 and 7iii7 as clauses 7iii7 and 7iv71 respectively2 7iii7 by inserting after clause 7i7 the following3 7ii7 ,modified permitting timetable 7,i7 ,in general ,as part of mediating a dispute relating to the content or timing of the permitting timetable established under subparagraph 7,a71 the ,executive ,director may-- 7aa7 propose a new permitting timetable1 or modifications to a previously adopted permitting timetable1 to resolve the dispute2 and 7bb7 recommend that the affected agencies adopt that new or modified permitting timetable4 7,,ii7 ,review and response ,each affected agency shall have #g business days to review and respond to the new or modified permitting timetable proposed under subclause 7,i77aa7 and if the agency determines that the agency is unable to adopt that new or modified timetable1 that agency shall submit to the ,executive ,director1 in writing1 an explanation describing the reasons why the new or modified timetable is not feasible4 2 and 7iv7 in clause 7iv7 7as so redesignated71 in the mattering preceding subclause 7,i71 by striking clause 7ii7 and inserting clause 7iii72 7,b7 in subparagraph 7,d7-- 7i7 in clause 7i7-- 7,i7 in subclause 7,,ii71 by inserting or alternative completion date after completion date2 and 7,,ii7 in subclause 7,,iv7-- 7aa7 by striking final each place it appears2 7bb7 by inserting or alternative completion date that is the final action before under a permitting timetable2 and 7cc7 by inserting or alternative completion date established under clause 7v7 before 1 the facilitating or lead agency2 7ii7 in clause 7ii7-- 7,i7 by inserting or alternative completion date established under clause 7v71 as applicable1 after ,a completion date2 and 7,,ii7 by inserting or alternative completion date1 as applicable after the completion date2 and 7iii7 by adding at the end the following3 7v7 ,alternative completion date 7,i7 ,in general ,if a ,federal agency has missed or will miss an intermediate or final completion date originally established under subparagraph 7,a7 for agency action on a covered project and fails to comply with the process for modification of a permitting timetable under clause 7i71 not later than #ae days after that intermediate or final completion date1 the agency1 in consultation with the facilitating or lead agency1 as applicable1 any relevant cooperating and participating agencies1 and the project sponsor1 shall submit to the ,executive ,director an alternative completion date for publication on the ,dashboard4 7,,ii7 ,treatment ,an alternative completion date submitted under subclause 7,i7 shall be subject to the same requirements for modification as other intermediate and final completion dates in the permitting timetable originally established under subparagraph 7,a74 2 7,c7 in subparagraph 7,f7-- 7i7 in the subparagraph heading1 by striking ,conforming to and inserting ,compliance with2 7ii7 in clause 7i71 by striking conform to and inserting comply with2 and 7iii7 by striking clause 7ii7 and inserting the following3 7ii7 ,failure to comply 7,i7 ,in general ,if a ,federal agency fails to comply with an intermediate or final completion date for the agency action on a covered project1 not later than #e business days after the date on which the intermediate or final completion date has been or will be missed1 the agency shall submit to the ,executive ,director for publication on the ,dashboard an explanation of-- 7aa7 the specific reasons for failing to comply with the completion date2 and 7bb7 actions the agency will carry out to avoid additional delays1 including actions to comply with the alternative completion date established under subparagraph 7,d77v74 7,,ii7 ,status report ,if a ,federal agency fails to comply with requirements to establish a permitting timetable or the requirement to establish an alternative completion date under subparagraph 7,d77v71 each month until the month in which the ,federal agency has established the permitting timetable or alternative completion date under that subparagraph1 the ,federal agency shall submit to the ,executive ,director for posting on the ,dashboard a status report describing agency activity related to the project and actions to support the establishment of a permitting timetable or alternative completion date under that subparagraph4 2 7,d7 by redesignating subparagraph 7,g7 as subparagraph 7,h72 and 7,e7 by inserting after subparagraph 7,f7 the following3 7,g7 ,posting and reporting agency noncompliance with permitting timetable modification and noncompliance procedures 7i7 ,in general ,agency noncompliance with the permitting timetable modification procedures under subparagraph 7,d7 or the compliance requirements under subparagraph 7,f7 constitutes noncompliance with this title4 7ii7 ,indication of noncompliance ,the ,executive ,director shall post on the ,dashboard1 consistent with the requirements of subsection 7b77#d77;,b71 all instances of agency noncompliance with permitting timetables described under subparagraphs 7,d7 and 7,f74 7iii7 ,quarterly report 7,i7 ,in general ,the ,executive ,director shall include in the quarterly agency performance report submitted to ,congress pursuant to section #dajjh7;a77#b7 all new and ongoing instances of agency noncompliance with subparagraphs 7,d7 and 7,f74 7,,ii7 ,inclusion of project sponsor comments ,the ,executive ,director shall offer the relevant project sponsor of a covered project that is in noncompliance with subparagraph 7,d7 or 7,f7 the opportunity to provide for inclusion in the quarterly agency performance report submitted to ,congress pursuant to section #dajjh7;a77#b7 the views of the project sponsor with respect to-- 7aa7 the cause of delay and agency noncompliance2 and 7bb7 ways to avoid those delays and noncompliance in the future4 4 7d7 ,reports 7#a7 ,reports to ,congress 7,a7 ,in general ,section #dajjh of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#g7 is amended-- 7i7 by striking the section designation and heading and all that follows through ,not later than in subsection 7a77#a77;,a7 and inserting the following3 #dajjh4 ,reports to ,congress 7a7 ,executive ,director annual report 7#a7 ,in general ,not later than 2 7ii7 by striking subsection 7b72 and 7iii7 in subsection 7a7-- 7,i7 by redesignating paragraphs 7#b7 and 7#c7 as subsections 7b7 and 7c71 respectively1 and indenting appropriately2 and 7,,ii7 in paragraph 7#a7 7as so amended7-- 7aa7 by striking ,infrastructure ,investment and ,jobs ,act and inserting ,permitting ,council ,improvement ,act of #bjbd2 7bb7 by striking fiscal year4 and inserting the following3 8fiscal year1 which shall include-- 7i7 a summary of permitting timetable trends for sectors described in section #dajja7f77;,a71 including a description of contributing factors that affect project timelines2 7ii7 7,i7 descriptions of activities carried out by the ,council in furtherance of its role as a ,federal center for permitting excellence2 and 7,,ii7 an analysis of how those activities have affected ,federal permitting processes and authorizations2 7iii7 a description of each transfer made under section #dajji7;c77#c71 including the amount of funds transferred and to whom the funds were transferred2 and 7iv7 any other information the ,executive ,director determines relevant to report on implementation of this title4 2 7cc7 by redesignating subparagraph 7,b7 as paragraph 7#b7 and indenting appropriately2 and 7dd7 in paragraph 7#b7 7as so redesignated71 by striking subparagraph 7,a7 and inserting paragraph 7#a74 7,b7 ,clerical amendment ,the table of contents contained 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 #dajjh and inserting the following3 ,sec4 #dajjh4 ,reports to ,congress4 4 7#b7 ,one-time reports 7,a7 ,report on permitting workforce ,not later than #ah months after the date of enactment of this ,act1 the ,executive ,director of the ,federal ,permitting ,improvement ,steering ,council1 in consultation with the ,director of the ,office of ,personnel ,management and the ,director of the ,office of ,management and ,budget1 shall submit to ,congress a report that-- 7i7 assesses current and projected needs in human capital at ,federal agencies responsible for issuing permits2 and 7ii7 makes recommendations for how to improve the ,federal permitting workforce4 7,b7 ,report on ,dashboard ,not later than #ah months after the date of enactment of this ,act1 the ,executive ,director of the ,federal ,permitting ,improvement ,steering ,council1 in coordination with the ,secretary of ,transportation and ,administrator of ,general ,services1 shall submit to ,congress a report that assesses1 and makes recommendations on how to improve-- 7i7 the usability of the ,permitting ,dashboard required under section #dajjc7;b7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#b7;b772 and 7ii7 the quality and usefulness of information on the ,dashboard4 7,c7 ,inclusion in annual reports ,the reports required under subparagraphs 7,a7 and 7,b7 may be included in an annual report required to be submitted to ,congress pursuant to subsection 7a77#a7 of section #dajjh of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#g7 7as amended by paragraph 7#a77;,a774 7#c7 ,repeal of ,,gao report 7,a7 ,in general ,section #dajaa of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#aj7 is repealed4 7,b7 ,clerical amendment ,the table of contents contained 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 #dajaa4 7e7 ,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 in subsection 7a71 by striking projects to reimburse the ,united ,states for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects4 and inserting projects42 7#b7 by striking subsections 7b7 and 7c7 and inserting the following3 7b7 ,fee structure ,the fee structure established under subsection 7a7 shall-- 7#a7 enable the ,executive ,director to assess appropriate fees for each covered project based on relevant factors1 including-- 7,a7 the total investment required for the covered project stated by the project sponsor in the notice of the initiation of a proposed covered project pursuant to section #dajjc7;a77#a72 7,b7 the anticipated complexity of the environmental review and authorization process for the covered project2 and 7,c7 the resources available to each participating agency to conduct environmental reviews and issue authorizations for the covered project2 7#b7 be developed in consultation with affected project proponents1 industries1 and other stakeholders2 7#c7 not exceed #a percent of the total investment required for the covered project stated by the project sponsor in the notice of the initiation of a proposed covered project pursuant to section #dajjc7;a77#a72 and 7#d7 exclude parties for which the fee would impose an undue financial burden or is otherwise determined to be inappropriate4 2 7#c7 by redesignating subsections 7d7 through 7f7 as subsections 7c7 through 7e71 respectively2 7#d7 in subsection 7c7 7as so redesignated7-- 7,a7 in paragraph 7#b71 by inserting making investments to improve ,federal environmental reviews and authorizations and supporting infrastructure permitting processes1 after agency project managers12 and 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,transfer ,for the purpose of carrying out this title1 the ,executive ,director1 in consultation with the ,director of the ,office of ,management and ,budget1 may transfer amounts in the ,fund to other ,federal agencies1 ,state and local governments1 ,indian ,tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 ,alaska ,native ,corporations1 and ,native ,hawaiian organizations 7as defined in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag77 7including the ,department of ,hawaiian ,home ,lands and the ,office of ,hawaiian ,affairs7 to facilitate timely and efficient environmental reviews and authorizations1 including activities described in paragraph 7#b71 for covered projects and other projects in sectors described in section #dajja7f77;,a71 including direct reimbursement agreements with agency ,c,e,r,p,os1 reimbursable agreements1 and approval and consultation processes and staff for covered projects and other projects in sectors described in section #dajja7f77;,a74 7#d7 ,authorization of appropriations 7,a7 ,in general ,in addition to amounts deposited in the ,fund under paragraph 7#a71 there are authorized to be appropriated for deposit in the ,fund-- 7i7 for fiscal year #bjbe1 #ab1jjj1jjj2 7ii7 for fiscal year #bjbf1 #ac1ejj1jjj2 7iii7 for fiscal year #bjbg1 #ae1jjj1jjj2 7iv7 for fiscal year #bjbh1 #af1ejj1jjj2 7v7 for fiscal year #bjbi1 #ah1jjj1jjj2 7vi7 for fiscal year #bjcj1 #ai1ejj1jjj2 and 7vii7 for fiscal year #bjca1 #ba1jjj1jjj4 7,b7 ,availability ,amounts made available pursuant to subparagraph 7,a7 shall remain available until expended4 2 and 7#e7 in subsection 7d7 7as so redesignated71 by striking subsection 7d7 and inserting subsection 7c74 7f7 ,savings clause modification ,section #aaejc of the ,,fast ,act 7,public ,law #aad-id2 #abi ,stat4 #afia7 is amended-- 7#a7 by striking subsection 7b72 and 7#b7 by redesignating subsection 7c7 as subsection 7b74 7g7 ,technical amendment ,the table of contents contained 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 #dajac4