[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 280 Reported in Senate (RS)]
Calendar No. 193
114th CONGRESS
1st Session
S. 280
[Report No. 114-113]
To improve the efficiency, management, and interagency coordination of
the Federal permitting process through reforms overseen by the Director
of the Office of Management and Budget, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 28, 2015
Mr. Portman (for himself, Mrs. McCaskill, Mr. Blunt, Mr. Johnson, Mr.
King, Mr. Manchin, Mr. Paul, Mr. Donnelly, Ms. Collins, Mr. Sullivan,
Mr. Warner, Ms. Heitkamp, and Mr. Hatch) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
August 4, 2015
Reported by Mr. Johnson, 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 efficiency, management, and interagency coordination of
the Federal permitting process through reforms overseen by the Director
of the Office of Management and Budget, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Federal Permitting
Improvement Act of 2015''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Agency.--The term ``agency'' has the meaning
given the term in section 551 of title 5, United States
Code.</DELETED>
<DELETED> (2) Agency cpo.--The term ``agency CPO'' means the
chief permitting officer of an agency designated by the head of
the agency under section 3(b)(2)(A)(i).</DELETED>
<DELETED> (3) Authorization.--The term ``authorization''
means--</DELETED>
<DELETED> (A) any license, permit, approval, or
other administrative decision required or authorized to
be issued by an agency with respect to the siting,
construction, reconstruction, or commencement of
operations of a covered project under Federal law,
whether administered by a Federal or State agency;
or</DELETED>
<DELETED> (B) any determination or finding required
to be issued by an agency--</DELETED>
<DELETED> (i) as a precondition to an
authorization described under paragraph (A);
or</DELETED>
<DELETED> (ii) before an applicant may take
a particular action with respect to the siting,
construction, reconstruction, or commencement
of operations of a covered project under
Federal law, whether administered by a Federal
or State agency.</DELETED>
<DELETED> (4) Council.--The term ``Council'' means the
Federal Infrastructure Permitting Improvement Council
established by section 3(a).</DELETED>
<DELETED> (5) Covered project.--</DELETED>
<DELETED> (A) In general.--The term ``covered
project'' means any construction activity in the United
States that requires authorization or review by a
Federal agency--</DELETED>
<DELETED> (i) involving renewable or
conventional energy production, electricity
transmission, surface transportation, aviation,
ports and waterways, water resource projects,
broadband, pipelines, manufacturing, or any
other sector as determined by the Federal CPO;
and</DELETED>
<DELETED> (ii) that is likely to require an
initial investment of more than $25,000,000, as
determined by the Federal CPO.</DELETED>
<DELETED> (B) Exclusion.--The term ``covered
project'' does not include any project subject to
section 101(b)(4) of title 23, United States
Code.</DELETED>
<DELETED> (6) Dashboard.--The term ``Dashboard'' means the
Permitting Dashboard required by section 4(b).</DELETED>
<DELETED> (7) Environmental assessment.--The term
``environmental assessment'' means a concise public document
for which a Federal agency is responsible that serves--
</DELETED>
<DELETED> (A) to briefly provide sufficient evidence
and analysis for determining whether to prepare an
environmental impact statement or a finding of no
significant impact;</DELETED>
<DELETED> (B) to aid in the compliance of the agency
with NEPA if an environmental impact statement is not
necessary; and</DELETED>
<DELETED> (C) to facilitate preparation of an
environmental impact statement, if an environmental
impact statement is necessary.</DELETED>
<DELETED> (8) Environmental document.--The term
``environmental document'' means an environmental assessment or
environmental impact statement.</DELETED>
<DELETED> (9) Environmental impact statement.--The term
``environmental impact statement'' means the detailed statement
of significant environmental impacts required to be prepared
under NEPA.</DELETED>
<DELETED> (10) Environmental review.--The term
``environmental review'' means the agency procedures for
preparing an environmental impact statement, environmental
assessment, categorical exclusion, or other document required
under NEPA.</DELETED>
<DELETED> (11) Federal cpo.--The term ``Federal CPO'' means
the Federal Chief Permitting Officer appointed by the President
under section 3(b)(1).</DELETED>
<DELETED> (12) Inventory.--The term ``inventory'' means the
inventory of covered projects established by the Federal CPO
under section 3(c)(1)(A).</DELETED>
<DELETED> (13) Lead agency.--The term ``lead agency'' means
the agency with principal responsibility for review and
authorization of a covered project, as determined under section
3(c)(1)(B).</DELETED>
<DELETED> (14) NEPA.--The term ``NEPA'' means the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).</DELETED>
<DELETED> (15) Participating agency.--The term
``participating agency'' means any agency participating in
reviews or authorizations for a particular covered project in
accordance with section 4.</DELETED>
<DELETED> (16) Project sponsor.--The term ``project
sponsor'' means the entity, including any private, public, or
public-private entity, that seeks approval for a
project.</DELETED>
<DELETED>SEC. 3. FEDERAL PERMITTING IMPROVEMENT COUNCIL.</DELETED>
<DELETED> (a) Establishment.--There is established the Federal
Permitting Improvement Council.</DELETED>
<DELETED> (b) Composition.--</DELETED>
<DELETED> (1) 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 Council, by and
with the advice and consent of the Senate.</DELETED>
<DELETED> (2) Chief permitting officers.--</DELETED>
<DELETED> (A) In general.--</DELETED>
<DELETED> (i) Designation by head of
agency.--Each individual listed in subparagraph
(B) shall designate a member of the agency in
which the individual serves to serve as the
agency CPO.</DELETED>
<DELETED> (ii) Qualifications.--The agency
CPO described in clause (i) shall hold a
position in the agency of the equivalent of a
deputy secretary or higher.</DELETED>
<DELETED> (iii) Membership.--Each agency CPO
described in clause (i) shall serve on the
Council.</DELETED>
<DELETED> (B) Heads of agencies.--The individuals
that shall each designate an agency CPO under this
subparagraph are as follows:</DELETED>
<DELETED> (i) The Secretary of
Agriculture.</DELETED>
<DELETED> (ii) The Secretary of
Commerce.</DELETED>
<DELETED> (iii) The Secretary of the
Interior.</DELETED>
<DELETED> (iv) The Secretary of
Energy.</DELETED>
<DELETED> (v) The Secretary of
Transportation.</DELETED>
<DELETED> (vi) The Secretary of
Defense.</DELETED>
<DELETED> (vii) The Administrator of the
Environmental Protection Agency.</DELETED>
<DELETED> (viii) The Chairman of the Federal
Energy Regulatory Commission.</DELETED>
<DELETED> (ix) The Chairman of the Nuclear
Regulatory Commission.</DELETED>
<DELETED> (x) The Chairman of the Advisory
Council on Historic Preservation.</DELETED>
<DELETED> (xi) Any other head of a Federal
agency that the Federal CPO may invite to
participate as a member of the
Council.</DELETED>
<DELETED> (3) Chairman of the council on environmental
quality.--In addition to the members listed in paragraphs (1)
and (2), the Chairman of the Council on Environmental Quality
shall also be a member of the Council.</DELETED>
<DELETED> (c) Duties.--</DELETED>
<DELETED> (1) Federal cpo.--</DELETED>
<DELETED> (A) Inventory development.--The Federal
CPO, in consultation with the members of the Council,
shall--</DELETED>
<DELETED> (i) not later than 3 months after
the date of enactment of this Act, establish an
inventory of covered projects that are pending
the review or authorization of the head of any
Federal agency;</DELETED>
<DELETED> (ii)(I) categorize the projects in
the inventory as appropriate based on the
project type; and</DELETED>
<DELETED> (II) for each category, identify
the types of reviews and authorizations most
commonly involved; and</DELETED>
<DELETED> (iii) add covered projects to the
inventory after the Federal CPO receives a
notice described in section 4(a)(1).</DELETED>
<DELETED> (B) Lead agency designation.--The Federal
CPO, in consultation with the Council, shall--
</DELETED>
<DELETED> (i) designate a lead agency for
each category of covered projects described in
subparagraph (A)(ii); and</DELETED>
<DELETED> (ii) publish on an Internet
website the designations and categories in an
easily accessible format.</DELETED>
<DELETED> (C) Performance schedules.--</DELETED>
<DELETED> (i) In general.--The Federal CPO,
in consultation with the Council, shall develop
nonbinding performance schedules, including
intermediate and final deadlines, for reviews
and authorizations for each category of covered
projects described in subparagraph
(A)(ii).</DELETED>
<DELETED> (ii) Requirements.--</DELETED>
<DELETED> (I) In general.--The
performance schedules shall reflect
employment of the use of the most
efficient applicable
processes.</DELETED>
<DELETED> (II) Limit.--The final
deadline for completion of any review
or authorization contained in the
performance schedules shall not be
later than 180 days after the date on
which the completed application or
request is filed.</DELETED>
<DELETED> (iii) Review and revision.--Not
later than 2 years after the date on which the
performance schedules are established under
this subparagraph, and not less frequently than
once every 2 years thereafter, the Federal CPO,
in consultation with the Council, shall review
and revise the performance schedules.</DELETED>
<DELETED> (D) Guidance.--The Federal CPO may issue
circulars, bulletins, guidelines, 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 (2).</DELETED>
<DELETED> (2) Council.--</DELETED>
<DELETED> (A) Recommendations.--</DELETED>
<DELETED> (i) In general.--The Council shall
make recommendations to the Federal CPO with
respect to the designations under paragraph
(1)(B) and the performance schedules under
paragraph (1)(C).</DELETED>
<DELETED> (ii) Update.--The Council may
update the recommendations described in clause
(i).</DELETED>
<DELETED> (B) Best practices.--Not later than 1 year
after the date of enactment of this Act, and not less
than annually thereafter, the Council shall issue
recommendations on the best practices for--</DELETED>
<DELETED> (i) early stakeholder engagement,
including fully considering and, as
appropriate, incorporating recommendations
provided in public comments on any proposed
covered project;</DELETED>
<DELETED> (ii) assuring timeliness of
permitting and review decisions;</DELETED>
<DELETED> (iii) coordination between Federal
and non-Federal governmental
entities;</DELETED>
<DELETED> (iv) transparency;</DELETED>
<DELETED> (v) reduction of information
collection requirements and other
administrative burdens on agencies, project
sponsors, and other interested
parties;</DELETED>
<DELETED> (vi) evaluating lead agencies and
participating agencies under this Act;
and</DELETED>
<DELETED> (vii) other aspects of
infrastructure permitting, as determined by the
Council.</DELETED>
<DELETED>SEC. 4. PERMITTING PROCESS IMPROVEMENT.</DELETED>
<DELETED> (a) Project Initiation and Designation of Participating
Agencies.--</DELETED>
<DELETED> (1) Notice.--</DELETED>
<DELETED> (A) In general.--A project sponsor shall
provide the Federal CPO and the lead agency notice of
the initiation of a proposed covered project.</DELETED>
<DELETED> (B) Contents.--Each notice described in
subparagraph (A) shall include--</DELETED>
<DELETED> (i) a description, including the
general location, of the proposed
project;</DELETED>
<DELETED> (ii) a statement of any Federal
authorization or review anticipated to be
required for the proposed project;
and</DELETED>
<DELETED> (iii) an assessment of the reasons
why the proposed project meets the definition
of a covered project in section 2.</DELETED>
<DELETED> (2) Invitation.--</DELETED>
<DELETED> (A) In general.--Not later than 45 days
after the date on which a lead agency receives the
notice under paragraph (1), the lead agency shall--
</DELETED>
<DELETED> (i) identify another agency that
may have an interest in the proposed project;
and</DELETED>
<DELETED> (ii) invite the agency to become a
participating agency in the permitting
management process and in the environmental
review process described in section
6.</DELETED>
<DELETED> (B) Deadlines.--Each invitation made under
subparagraph (A) shall include a deadline for a
response to be submitted to the lead agency.</DELETED>
<DELETED> (3) Participating agencies.--An agency invited
under paragraph (2) shall be designated as a participating
agency for a covered project, unless the agency informs the
lead agency in writing before the deadline described in
paragraph (2)(B) that the agency--</DELETED>
<DELETED> (A) has no jurisdiction or authority with
respect to the proposed project; or</DELETED>
<DELETED> (B) does not intend to exercise authority
related to, or submit comments on, the proposed
project.</DELETED>
<DELETED> (4) Effect of designation.--The designation
described in paragraph (3) shall not give the participating
agency jurisdiction over the proposed project.</DELETED>
<DELETED> (5) Change of lead agency.--</DELETED>
<DELETED> (A) In general.--On the request of a lead
agency, participating agency, or project sponsor, 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
3(c)(1)(B).</DELETED>
<DELETED> (B) Resolution of dispute.--Any dispute
over designation of a lead agency for a particular
covered project shall be resolved by the Federal
CPO.</DELETED>
<DELETED> (b) Permitting Dashboard.--</DELETED>
<DELETED> (1) Requirement to maintain.--</DELETED>
<DELETED> (A) In general.--The Federal CPO, in
coordination with the Administrator of General
Services, 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 inventory.</DELETED>
<DELETED> (B) Specific and searchable entry.--The
Dashboard shall include a specific and searchable entry
for each project.</DELETED>
<DELETED> (2) Additions.--Not later than 7 days after the
date on which the Federal CPO receives a notice under
subsection (a)(1), the Federal CPO shall create a specific
entry on the Dashboard for the project, unless the Federal CPO
or lead agency determines that the project is not a covered
project.</DELETED>
<DELETED> (3) 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--</DELETED>
<DELETED> (A) any application and any supporting
document submitted by a project sponsor for any
required Federal review or authorization for the
project;</DELETED>
<DELETED> (B) not later than 2 business days after
the date on which any agency action or decision that
materially affects the status of the project is made, a
description, including significant supporting
documents, of the agency action or decision;
and</DELETED>
<DELETED> (C) the status of any litigation to which
the agency is a party that is directly related to the
project, including, if practicable, any judicial
document made available on an electronic docket
maintained by a Federal, State, or local
court.</DELETED>
<DELETED> (4) Postings by the federal cpo.--The Federal CPO
shall post on the Dashboard an entry for each covered project
that includes--</DELETED>
<DELETED> (A) the information submitted under
paragraph (3)(A) not later than 2 days after the date
on which the Federal CPO receives the
information;</DELETED>
<DELETED> (B) a permitting timetable approved by the
Federal CPO under subsection (c)(2)(C);</DELETED>
<DELETED> (C) the status of the compliance of each
participating agency with the permitting
timetable;</DELETED>
<DELETED> (D) any modifications of the permitting
timetable; and</DELETED>
<DELETED> (E) an explanation of each modification
described in subparagraph (D).</DELETED>
<DELETED> (c) Coordination and Timetables.--</DELETED>
<DELETED> (1) Coordination plan.--</DELETED>
<DELETED> (A) In general.--Not later than 60 days
after the date on which the lead agency receives a
notice under subsection (a)(1), the lead agency, in
consultation with each participating agency, shall
establish a concise plan for coordinating public and
agency participation in, and completion of, any
required Federal review and authorization for the
project.</DELETED>
<DELETED> (B) Memorandum of understanding.--The lead
agency may incorporate the coordination plan described
in subparagraph (A) into a memorandum of
understanding.</DELETED>
<DELETED> (2) Permitting timetable.--</DELETED>
<DELETED> (A) Establishment.--As part of the
coordination plan required by paragraph (1), the lead
agency, in consultation with each participating agency,
the project sponsor, and the State in which the project
is located, 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 project.</DELETED>
<DELETED> (B) Factors for consideration.--In
establishing the permitting timetable under
subparagraph (A), the lead agency shall follow the
performance schedules established under section
3(c)(1)(C), but may vary the timetable based on
relevant factors, including--</DELETED>
<DELETED> (i) the size and complexity of the
covered project;</DELETED>
<DELETED> (ii) the resources available to
each participating agency;</DELETED>
<DELETED> (iii) the regional or national
economic significance of the project;</DELETED>
<DELETED> (iv) the sensitivity of the
natural or historic resources that may be
affected by the project; and</DELETED>
<DELETED> (v) the extent to which similar
projects in geographic proximity to the project
were recently subject to environmental review
or similar procedures under State
law.</DELETED>
<DELETED> (C) Approval by the federal cpo.--
</DELETED>
<DELETED> (i) Requirement to submit.--The
lead agency shall promptly submit to the
Federal CPO a permitting timetable established
under subparagraph (A) for review.</DELETED>
<DELETED> (ii) Revision and approval.--
</DELETED>
<DELETED> (I) In general.--The
Federal CPO, after consultation with
the lead agency, may revise the
permitting timetable if the Federal CPO
determines that the timetable deviates
without reasonable justification from
the performance schedule established
under section 3(c)(1)(C).</DELETED>
<DELETED> (II) No revision by
federal cpo within 7 days.--If the
Federal CPO does not revise the
permitting timetable earlier than the
date that is 7 days after the date on
which the lead agency submits to the
Federal CPO the permitting timetable,
the permitting timetable shall be
approved by the Federal CPO.</DELETED>
<DELETED> (D) Modification after approval.--The lead
agency may modify a permitting timetable established
under subparagraph (A) for good cause only if--
</DELETED>
<DELETED> (i) the lead agency and the
affected participating agency agree to a
different deadline;</DELETED>
<DELETED> (ii) the lead agency or the
affected participating agency provides a
written explanation of the justification for
the modification; and</DELETED>
<DELETED> (iii) the lead agency submits to
the Federal CPO a modification, which the
Federal CPO may revise or disapprove.</DELETED>
<DELETED> (E) Consistency with other time periods.--
A permitting timetable established under subparagraph
(A) shall be consistent with any other relevant time
periods established under Federal law.</DELETED>
<DELETED> (F) Compliance.--</DELETED>
<DELETED> (i) In general.--Each Federal
participating agency shall comply with the
deadlines set forth in the permitting timetable
approved under subparagraph (C), or with any
deadline modified under subparagraph
(D).</DELETED>
<DELETED> (ii) Failure to comply.--If a
Federal participating agency fails to comply
with a deadline for agency action on a covered
project, the head of the participating agency
shall--</DELETED>
<DELETED> (I) 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 deadline; and</DELETED>
<DELETED> (II) 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
review.</DELETED>
<DELETED> (3) Cooperating state, local, or tribal
governments.--</DELETED>
<DELETED> (A) In general.--To the maximum extent
practicable under applicable Federal law, the lead
agency shall coordinate the Federal review and
authorization process under this subsection with any
State, local, or tribal agency responsible for
conducting any separate review or authorization of the
covered project to ensure timely and efficient review
and permitting decisions.</DELETED>
<DELETED> (B) Memorandum of understanding.--
</DELETED>
<DELETED> (i) In general.--Any coordination
plan between the lead agency and any State,
local, or tribal agency shall, to the maximum
extent practicable, be included in a memorandum
of understanding.</DELETED>
<DELETED> (ii) Submission to federal cpo.--A
lead agency shall submit to the Federal CPO
each memorandum of understanding described in
clause (i).</DELETED>
<DELETED> (iii) Post to dashboard.--The
Federal CPO shall post to the Dashboard each
memorandum of understanding submitted under
clause (ii).</DELETED>
<DELETED> (d) 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 sponsor, not later than 60
days after the date on which the project sponsor submits a request,
information concerning--</DELETED>
<DELETED> (1) the likelihood of approval for a potential
covered project; and</DELETED>
<DELETED> (2) key issues of concern to each participating
agency and to the public.</DELETED>
<DELETED> (e) Cooperating Agency.--</DELETED>
<DELETED> (1) In general.--A lead agency may designate a
participating agency as a cooperating agency in accordance with
part 1501 of title 40, Code of Federal Regulations (or
successor regulations).</DELETED>
<DELETED> (2) Effect on other designation.--The designation
described in paragraph (1) shall not affect any designation
under subsection (a)(3).</DELETED>
<DELETED> (3) Limitation on designation.--Any agency not
designated as a participating agency under subsection (a)(3)
shall not be designated as a cooperating agency under paragraph
(1).</DELETED>
<DELETED>SEC. 5. INTERSTATE COMPACTS.</DELETED>
<DELETED> The consent of Congress is given for 3 or more contiguous
States to enter into an interstate compact establishing regional
infrastructure development agencies to facilitate authorization and
review of covered projects, under State law or in the exercise of
delegated permitting authority described under section 7, that will
advance infrastructure development, production, and generation within
the States that are parties to the compact.</DELETED>
<DELETED>SEC. 6. COORDINATION OF REQUIRED REVIEWS.</DELETED>
<DELETED> (a) Concurrent Reviews.--Each agency shall, to the
greatest extent permitted by law--</DELETED>
<DELETED> (1) carry out the obligations of the agency under
other applicable law concurrently, and in conjunction with
other reviews being conducted by other participating agencies,
including environmental reviews required under NEPA, unless
doing so would impair the ability of the agency to carry out
statutory obligations; and</DELETED>
<DELETED> (2) formulate and implement administrative,
policy, and procedural mechanisms to enable the agency to
ensure completion of the environmental review process in a
timely, coordinated, and environmentally responsible
manner.</DELETED>
<DELETED> (b) Adoption and Use of Documents.--</DELETED>
<DELETED> (1) State environmental documents; supplemental
documents.--</DELETED>
<DELETED> (A) Use of existing documents.--On the
request of a project sponsor, a lead agency shall
consider and, as appropriate, adopt or incorporate, 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 provide, as determined by the
lead agency in consultation with the Council on
Environmental Quality, environmental protection and
opportunities for public participation that are
substantially equivalent to NEPA.</DELETED>
<DELETED> (B) NEPA obligations.--An environmental
document adopted under subparagraph (A) may serve as,
or supplement, an environmental impact statement or
environmental assessment required to be prepared by a
lead agency under NEPA.</DELETED>
<DELETED> (C) Supplemental document.--In the case of
an environmental document described in subparagraph
(A), during the period after preparation of the
document and prior to the adoption of the document by
the lead agency, the lead agency shall prepare and
publish a supplemental document to the document if the
lead agency determines that--</DELETED>
<DELETED> (i) a significant change has been
made to the project that is relevant for
purposes of environmental review of the
project; or</DELETED>
<DELETED> (ii) there have been significant
changes in circumstances or availability of
information relevant to the environmental
review for the project.</DELETED>
<DELETED> (D) Comments.--If a lead agency prepares
and publishes a supplemental document under
subparagraph (C), the lead agency may solicit comments
from other agencies and the public on the supplemental
document for a period of not more than 30 days
beginning on the date on which the supplemental
document is published.</DELETED>
<DELETED> (E) Record of decision.--A lead agency
shall issue a record of decision or finding of no
significant impact, as appropriate, based on the
document adopted under subparagraph (A) and any
supplemental document prepared under subparagraph
(C).</DELETED>
<DELETED> (c) Alternatives Analysis.--</DELETED>
<DELETED> (1) Participation.--As early as practicable during
the environmental review, but not later than the commencement
of scoping for a project requiring the preparation of an
environmental impact statement, the lead agency shall provide
an opportunity for the involvement of cooperating agencies in
determining the range of alternatives to be considered for a
project.</DELETED>
<DELETED> (2) Range of alternatives.--Following
participation under paragraph (1), the lead agency shall
determine the range of alternatives for consideration in any
document that the lead agency is responsible for preparing for
the project.</DELETED>
<DELETED> (3) Methodologies.--The lead agency shall
determine, in collaboration with each cooperating agency at
appropriate times during the environmental review, the
methodologies to be used and the level of detail required in
the analysis of each alternative for a project.</DELETED>
<DELETED> (4) Preferred alternative.--At the discretion of
the lead agency, the preferred alternative for a project, after
being identified, 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--
</DELETED>
<DELETED> (A) the lead agency from making an
impartial decision as to whether to accept another
alternative that is being considered in the
environmental review; and</DELETED>
<DELETED> (B) the public from commenting on the
preferred and other alternatives.</DELETED>
<DELETED> (d) Environmental Review Comments.--</DELETED>
<DELETED> (1) Comments on draft environmental impact
statement.--For comments by an agency or the public on a draft
environmental impact statement, the lead agency shall establish
a comment period of not more than 60 days after the date on
which a notice announcing availability of the environmental
impact statement is published in the Federal Register, unless--
</DELETED>
<DELETED> (A) the lead agency, the project sponsor,
and each participating agency agree to a different
deadline; or</DELETED>
<DELETED> (B) the deadline is extended by the lead
agency for good cause.</DELETED>
<DELETED> (2) Other comments.--For all other comment periods
for agency or public comments in the environmental review
process, the lead agency shall establish a comment period of
not later than 30 days after the date on which the materials on
which comment is requested are made available, unless--
</DELETED>
<DELETED> (A) the lead agency, the project sponsor,
and each participating agency agree to a different
deadline; or</DELETED>
<DELETED> (B) the lead agency modifies the deadline
for good cause.</DELETED>
<DELETED> (e) Issue Identification and Resolution.--</DELETED>
<DELETED> (1) 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 laws.</DELETED>
<DELETED> (2) Lead agency responsibilities.--</DELETED>
<DELETED> (A) In general.--The lead agency shall
make information available to each participating agency
as early as practicable in the environmental review
regarding the environmental, historic, and
socioeconomic resources located within the project area
and the general locations of the alternatives under
consideration.</DELETED>
<DELETED> (B) Sources of information.--The
information described in subparagraph (A) may be based
on existing data sources, including geographic
information systems mapping.</DELETED>
<DELETED> (3) Participating agency responsibilities.--Based
on information received from the lead agency under paragraph
(2), each participating agency shall identify, as early as
practicable, any issues of concern, including any issues that
could substantially delay or prevent an agency from granting a
permit or other approval needed for the project, regarding any
potential environmental, historic, or socioeconomic impacts of
the project.</DELETED>
<DELETED> (f) Categories of Projects.--The authorities granted under
this section may be exercised for an individual project or a category
of projects.</DELETED>
<DELETED>SEC. 7. DELEGATED STATE PERMITTING PROGRAMS.</DELETED>
<DELETED> 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 agency, each member
of the Council shall--</DELETED>
<DELETED> (1) on publication by the Council of best
practices under section 3(c)(2)(B), initiate a process, with
public participation, to determine whether and the extent to
which any of the best practices are applicable to permitting
under the statute; and</DELETED>
<DELETED> (2) not later than 2 years after the date of
enactment of this Act, make recommendations for State
modifications of the permit program to reflect the best
practices described in section 3(c)(2)(B), as
appropriate.</DELETED>
<DELETED>SEC. 8. LITIGATION, JUDICIAL REVIEW, AND SAVINGS
PROVISION.</DELETED>
<DELETED> (a) Limitations on Claims.--</DELETED>
<DELETED> (1) In general.--Notwithstanding any other
provision of law, 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--</DELETED>
<DELETED> (A) the action is filed not later than 150
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
taken, unless a shorter time is specified in the
Federal law under which judicial review is allowed;
and</DELETED>
<DELETED> (B) in the case of an action pertaining to
an environmental review conducted under NEPA--
</DELETED>
<DELETED> (i) the action is filed by a party
that submitted a comment during the
environmental review on the issue on which the
party seeks judicial review; and</DELETED>
<DELETED> (ii) the comment was sufficiently
detailed to put the lead agency on notice of
the issue on which the party seeks judicial
review.</DELETED>
<DELETED> (2) New information.--</DELETED>
<DELETED> (A) 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 NEPA.</DELETED>
<DELETED> (B) Supplemental environmental impact
statement.--If the preparation of a supplemental
environmental impact statement is required, 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 150 days after the
date on which a notice announcing the agency action is
published in the Federal Register.</DELETED>
<DELETED> (3) 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 authorization.</DELETED>
<DELETED> (b) Preliminary Injunctive Relief.--In addition to
considering any other applicable equitable factors, including the
effects on public health, safety, and the environment, 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 project, the court shall--</DELETED>
<DELETED> (1) consider the potential for significant job
losses or other economic harm resulting from an order or
injunction; and</DELETED>
<DELETED> (2) not presume that the harms described in
paragraph (1) are reparable.</DELETED>
<DELETED> (c) Judicial Review.--Except as provided in subsection
(a), 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
State.</DELETED>
<DELETED> (d) Savings Clause.--Nothing in this Act--</DELETED>
<DELETED> (1) supersedes, amends, or modifies NEPA or any
other Federal environmental statute or affects the
responsibility of any Federal officer to comply with or enforce
any statute; or</DELETED>
<DELETED> (2) creates a presumption that a covered project
will be approved or favorably reviewed by any agency.</DELETED>
<DELETED> (e) Limitations.--Nothing in this section preempts,
limits, or interferes with--</DELETED>
<DELETED> (1) any practice of seeking, considering, or
responding to public comment; or</DELETED>
<DELETED> (2) any power, jurisdiction, responsibility, or
authority that a Federal, State, or local governmental agency,
metropolitan planning organization, Indian tribe, or project
sponsor has with respect to carrying out a project or any other
provisions of law applicable to any project, plan, or
program.</DELETED>
<DELETED>SEC. 9. REPORT TO CONGRESS.</DELETED>
<DELETED> (a) In General.--Not later than April 15 of each year, the
Federal CPO shall submit to Congress a report detailing the progress
accomplished under this Act during the previous fiscal year.</DELETED>
<DELETED> (b) Contents.--The report described in subsection (a)
shall assess the performance of each participating agency and lead
agency based on the best practices described in section
3(c)(2)(B).</DELETED>
<DELETED> (c) 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
(a).</DELETED>
<DELETED>SEC. 10. APPLICATION.</DELETED>
<DELETED> This Act applies to any covered project for which an
application or request for a Federal authorization is pending before a
Federal agency 90 days after the date of enactment of this
Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Permitting Improvement Act
of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Agency cerpo.--The term ``agency CERPO'' means the
chief environmental review and permitting officer of an agency,
as designated by the head of the agency under section
3(b)(2)(A)(iii)(I).
(3) Authorization.--The term ``authorization'' means any
license, permit, approval, finding, determination, or other
administrative decision issued by an agency that is required or
authorized under Federal law in order to site, construct,
reconstruct, or commence operations of a covered project,
whether administered by a Federal or State agency.
(4) Cooperating agency.--The term ``cooperating agency''
means any agency with--
(A) jurisdiction under Federal law; or
(B) special expertise as described in section
1501.6 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(5) Council.--The term ``Council'' means the Federal
Infrastructure Permitting Improvement Steering Council
established under section 3(a).
(6) Covered project.--
(A) In general.--The term ``covered project'' means
any construction activity in the United States that
requires authorization or environmental review by a
Federal agency--
(i) involving renewable or conventional
energy production, electricity transmission,
surface transportation, aviation, ports and
waterways, water resource projects, broadband,
pipelines, manufacturing, or any other sector
as determined by a majority vote of the
Council;
(ii)(I) that is likely to require a total
investment of more than $200,000,000; and
(II) that does not qualify for abbreviated
authorization or environmental review processes
under any applicable law; or
(iii) the size and complexity of which make
the project likely to benefit from enhanced
oversight and coordination, including a project
likely to require--
(I) authorization from or
environmental review involving more
than 2 Federal agencies; or
(II) the preparation of an
environmental impact statement under
NEPA.
(B) Exclusion.--The term ``covered project'' does
not include--
(i) any project subject to section 139 of
title 23, United States Code; or
(ii) any project subject to section 2045 of
the Water Resources Development Act of 2007 (33
U.S.C. 2348).
(7) Dashboard.--The term ``Dashboard'' means the Permitting
Dashboard required under section 4(b).
(8) Environmental assessment.--The term ``environmental
assessment'' means a concise public document for which a
Federal agency is responsible under section 1508.9 of title 40,
Code of Federal Regulations (or successor regulations).
(9) Environmental document.--
(A) In general.--The term ``environmental
document'' means an environmental assessment, finding
of no significant impact, notice of intent,
environmental impact statement, or record of decision.
(B) Inclusions.--The term ``environment document''
includes--
(i) any document that is a supplement to a
document described in subparagraph (A); and
(ii) a document prepared pursuant to a
court order.
(10) Environmental impact statement.--The term
``environmental impact statement'' means the detailed written
statement required under section 102(2)(C) of NEPA.
(11) Environmental review.--The term ``environmental
review'' means the agency procedures and processes for applying
a categorical exclusion or for preparing an environmental
assessment, an environmental impact statement, or other
document required under NEPA.
(12) Executive director.--The term ``Executive Director''
means the Executive Director appointed by the President under
section 3(b)(1)(A).
(13) Facilitating agency.--The term ``facilitating agency''
means the agency that receives the initial notification from
the project sponsor required under section 4(a).
(14) Inventory.--The term ``inventory'' means the inventory
of covered projects established by the Executive Director under
section 3(c)(1)(A).
(15) Lead agency.--The term ``lead agency'' means the
agency with principal responsibility for an environmental
review of a covered project under NEPA and parts 1500 through
1508 of title 40, Code of Federal Regulations (or successor
regulations).
(16) NEPA.--The term ``NEPA'' means the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(17) Participating agency.--The term ``participating
agency'' means an agency participating in an environmental
review or authorization for a covered project in accordance
with section 4.
(18) Project sponsor.--The term ``project sponsor'' means
an entity, including any private, public, or public-private
entity, seeking an authorization for a covered project.
SEC. 3. FEDERAL PERMITTING IMPROVEMENT COUNCIL.
(a) Establishment.--There is established the Federal Permitting
Improvement Steering Council.
(b) Composition.--
(1) Chair.--The Executive Director shall--
(A) be appointed by the President; and
(B) serve as Chair of the Council.
(2) Council members.--
(A) In general.--
(i) Designation by head of agency.--Each
individual listed in subparagraph (B) shall
designate a member of the agency in which the
individual serves to serve on the Council.
(ii) Qualifications.--A councilmember
described in clause (i) shall hold a position
in the agency of deputy secretary (or the
equivalent) or higher.
(iii) Support.--
(I) In general.--Consistent with
guidance provided by the Director of
the Office of Management and Budget,
each individual listed in subparagraph
(B) shall designate 1 or more
appropriate members of the agency in
which the individual serves to serve as
an agency CERPO.
(II) Reporting.--An agency CERPO
shall report directly to a deputy
secretary (or the equivalent) or
higher.
(B) Heads of agencies.--The individuals that shall
each designate a councilmember under this subparagraph
are as follows:
(i) The Secretary of Agriculture.
(ii) The Secretary of the Army.
(iii) The Secretary of Commerce.
(iv) The Secretary of the Interior.
(v) The Secretary of Energy.
(vi) The Secretary of Transportation.
(vii) The Secretary of Defense.
(viii) The Administrator of the
Environmental Protection Agency.
(ix) The Chairman of the Federal Energy
Regulatory Commission.
(x) The Chairman of the Nuclear Regulatory
Commission.
(xi) The Secretary of Homeland Security.
(xii) The Secretary of Housing and Urban
Development.
(xiii) The Chairman of the Advisory Council
on Historic Preservation.
(xiv) Any other head of a Federal agency
that the Executive Director may invite to
participate as a member of the Council.
(3) Additional members.--In addition to the members listed
in paragraphs (1) and (2), the Chairman of the Council on
Environmental Quality and the Director of the Office of
Management and Budget shall also be members of the Council.
(c) Duties.--
(1) Executive director.--
(A) Inventory development.--The Executive Director,
in consultation with the Council, shall--
(i) not later than 180 days after the date
of enactment of this Act, establish an
inventory of covered projects that are pending
the environmental review or authorization of
the head of any Federal agency;
(ii)(I) categorize the projects in the
inventory as appropriate, based on sector and
project type; and
(II) for each category, identify the types
of environmental reviews and authorizations
most commonly involved; and
(iii) add a covered project to the
inventory after receiving a notice described in
section 4(a)(1).
(B) Facilitating agency designation.--The Executive
Director, in consultation with the Council, shall--
(i) designate a facilitating agency for
each category of covered projects described in
subparagraph (A)(ii); and
(ii) publish the list of designated
facilitating agencies for each category of
projects in the inventory on the Dashboard in
an easily accessible format.
(C) Performance schedules.--
(i) In general.--Not later than 1 year
after the date of enactment of this Act, the
Executive Director, in consultation with the
Council, shall develop nonbinding performance
schedules, including intermediate and final
deadlines, for environmental reviews and
authorizations most commonly required for each
category of covered projects described in
subparagraph (A)(ii).
(ii) Requirements.--
(I) In general.--The performance
schedules shall reflect employment of
the use of the most efficient
applicable processes.
(II) Limit.--
(aa) In general.--The final
deadline in any performance
schedule for the completion of
an environmental review or
authorization under clause (i)
shall not exceed the average
time to complete an
environmental review or
authorization for a project
within that category.
(bb) Calculation of average
time.--The average time
referred to in item (aa) shall
be calculated on the basis of
data from the preceding 2
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 4(b)(2)
(except that, for projects
initiated before that duty
takes effect, the period
beginning on the date of filing
of a completed application),
and ending on the date of the
issuance of a record of
decision or other final agency
action on the review or
authorization.
(cc) Deadline.--Each
performance schedule shall
specify that any decision by an
agency on an environmental
review or authorization must be
issued not later than 180 days
after the date on which all
information needed to complete
the review or authorization is
in the possession of the
agency.
(iii) Review and revision.--Not later than
2 years after the date on which the performance
schedules are established under this
subparagraph, and not less frequently than once
every 2 years thereafter, the Executive
Director, in consultation with the Council,
shall review and revise the performance
schedules.
(D) Guidance.--The Executive Director, in
consultation with the Council, may recommend to the
Director of the Office of Management and Budget or to
the Council on Environmental Quality, as appropriate,
that guidance be issued as necessary for agencies--
(i) to carry out responsibilities under
this Act; and
(ii) to effectuate the adoption by agencies
of the best practices and recommendations of
the Council described in paragraph (2).
(2) Council.--
(A) Recommendations.--
(i) In general.--The Council shall make
recommendations to the Executive Director with
respect to the designations under paragraph
(1)(B) and the performance schedules under
paragraph (1)(C).
(ii) Update.--The Council may update the
recommendations described in clause (i).
(B) Best practices.--Not later than 1 year after
the date of enactment of this Act, and not less
frequently than annually thereafter, the Council shall
issue recommendations on the best practices for--
(i) enhancing early stakeholder engagement,
including fully considering and, as
appropriate, incorporating recommendations
provided in public comments on any proposed
covered project;
(ii) ensuring timely decisions regarding
environmental reviews and authorizations,
including through the development of
performance metrics;
(iii) improving coordination between
Federal and non-Federal governmental entities,
including through the development of common
data standards and terminology across agencies;
(iv) increasing transparency;
(v) reducing information collection
requirements and other administrative burdens
on agencies, project sponsors, and other
interested parties;
(vi) developing and making available to
applicants appropriate geographic information
systems and other tools;
(vii) creating and distributing training
materials useful to Federal, State, tribal, and
local permitting officials; and
(viii) addressing other aspects of
infrastructure permitting, as determined by the
Council.
(3) Agency cerpos.--An agency CERPO shall--
(A) advise the respective agency councilmember on
matters related to environmental reviews and
authorizations;
(B) provide technical support, when requested to
facilitate efficient and timely processes for
environmental reviews and authorizations for covered
projects under the jurisdictional responsibility of the
agency, including supporting timely identification and
resolution of potential disputes within the agency or
between the agency and other Federal agencies;
(C) analyze agency environmental review and
authorization processes, policies, and authorities and
make recommendations to the respective agency
councilmember for ways to standardize, simplify, and
improve the efficiency of the processes, policies, and
authorities, including by implementing guidance issued
under paragraph (1)(D) and other best practices,
including the use of information technology and
geographic information system tools within the agency
and across agencies, to the extent consistent with
existing law; and
(D) review and develop training programs for agency
staff that support and conduct environmental reviews or
authorizations.
(d) Administrative Support.--The Director of the Office of
Management and Budget shall designate a Federal agency to provide
administrative support for the Executive Director, and the designated
agency shall, as reasonably necessary, provide support and staff to
enable the Executive Director to fulfill the duties of the Executive
Director under this Act.
SEC. 4. PERMITTING PROCESS IMPROVEMENT.
(a) Project Initiation and Designation of Participating Agencies.--
(1) Notice.--
(A) 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 project.
(B) Default designation.--If, at the time of
submission of the notice under subparagraph (A), the
Executive Director has not designated a facilitating
agency under section 3(c)(1)(B) for the categories of
projects noticed, the agency that receives the notice
under subparagraph (A) shall be designated as the
facilitating agency.
(C) Contents.--Each notice described in
subparagraph (A) shall include--
(i) a statement of the purposes and
objectives of the proposed project;
(ii) a concise description, including the
general location of the proposed project and a
summary of geospatial information, if
available, illustrating the project area and
the locations, if any, of environmental,
cultural, and historic resources;
(iii) a statement regarding the technical
and financial ability of the project sponsor to
construct the proposed project;
(iv) a statement of any Federal financing,
environmental reviews, and authorizations
anticipated to be required to complete the
proposed project; and
(v) an assessment that the proposed project
meets the definition of a covered project under
section 2 and a statement of reasons supporting
the assessment.
(2) Invitation.--
(A) In general.--Not later than 45 days after the
date on which the Executive Director must make a
specific entry for the project on the Dashboard under
subsection (b)(2)(A), the facilitating agency or lead
agency, as applicable, shall--
(i) identify all Federal and non-Federal
agencies and governmental entities likely to
have financing, environmental review,
authorization, or other responsibilities with
respect to the proposed project; and
(ii) invite all Federal agencies identified
under clause (i) to become a participating
agency or a cooperating agency, as appropriate,
in the environmental review and authorization
management process described in section 6.
(B) Deadlines.--Each invitation made under
subparagraph (A) shall include a deadline for a
response to be submitted to the facilitating or lead
agency, as applicable.
(3) Participating and cooperating agencies.--
(A) In general.--An agency invited under paragraph
(2) shall be designated as a participating or
cooperating agency for a covered project, unless the
agency informs the facilitating or lead agency, as
applicable, in writing before the deadline under
paragraph (2)(B) that the agency--
(i) has no jurisdiction or authority with
respect to the proposed project; or
(ii) does not intend to exercise authority
related to, or submit comments on, the proposed
project.
(B) Changed circumstances.--On request and a
showing of changed circumstances, the Executive
Director may designate an agency that has opted out
under subparagraph (A)(ii) to be a participating or
cooperating agency, as appropriate.
(4) Effect of designation.--The designation described in
paragraph (3) shall not--
(A) give the participating agency authority or
jurisdiction over the covered project; or
(B) expand any jurisdiction or authority a
cooperating agency may have over the proposed project.
(5) Lead agency designation.--
(A) In general.--On establishment of the lead
agency, the lead agency shall assume the
responsibilities of the facilitating agency under this
Act.
(B) Redesignation of facilitating agency.--If the
lead agency assumes the responsibilities of the
facilitating agency under subparagraph (A), the
facilitating agency may be designated as a cooperative
or participating agency.
(6) Change of facilitating or lead agency.--
(A) In general.--On the request of a participating
agency or project sponsor, the Executive Director may
designate a different agency as the facilitating or
lead agency, as applicable, for a covered project, 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 3(c)(1)(B).
(B) Resolution of dispute.--The Executive Director
shall resolve any dispute over designation of a
facilitating or lead agency for a particular covered
project.
(b) Permitting Dashboard.--
(1) Requirement to maintain.--
(A) In general.--The Executive Director, in
coordination with the Administrator of General
Services, 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 3(c)(1)(A) and any projects subject to section
139 of title 23, United States Code, or section 2045 of
the Water Resources Development Act of 2007 (33 U.S.C.
2348).
(B) Specific and searchable entry.--The Dashboard
shall include a specific and searchable entry for each
covered project.
(2) Additions.--
(A) In general.--
(i) Existing projects.--Not later than 14
days after the date on which the Executive
Director adds a project to the inventory under
section 3(c)(1)(A), the Executive Director
shall create a specific entry on the Dashboard
for the covered project.
(ii) New projects.--Not later than 14 days
after the date on which the Executive Director
receives a notice under subsection (a)(1), the
Executive Director shall create a specific
entry on the Dashboard for the covered project,
unless the Executive Director, facilitating
agency, or lead agency, as applicable,
determines that the project is not a covered
project.
(B) Explanation.--If the facilitating agency or
lead agency, as applicable, determines that the project
is not a covered project, the project sponsor may
submit a further explanation as to why the project is a
covered project not later than 14 days after the date
of the determination under subparagraph (A).
(C) Final determination.--Not later than 14 days
after receiving an explanation described in
subparagraph (B), the Executive Director shall--
(i) make a final and conclusive
determination as to whether the project is a
covered project; and
(ii) if the Executive Director determines
that the project is a covered project, create a
specific entry on the Dashboard for the covered
project.
(3) Postings by agencies.--
(A) In general.--For each covered project added to
the Dashboard under paragraph (2), the facilitating or
lead agency, as applicable, and each cooperating and
participating agency shall post to the Dashboard--
(i) a hyperlink that directs to a website
that contains, to the extent consistent with
applicable law--
(I) the notification submitted
under subsection (a)(1);
(II)(aa) where practicable, the
application and supporting documents,
if applicable, that have been submitted
by a project sponsor for any required
environmental review or authorization;
or
(bb) a notice explaining how the
public may obtain access to such
documents;
(III) a description of any Federal
agency action taken or decision made
that materially affects the status of a
covered project;
(IV) any significant document that
supports the action or decision
described in subclause (III); and
(V) a description of the status of
any litigation to which the agency is a
party that is directly related to the
project, including, if practicable, any
judicial document made available on an
electronic docket maintained by a
Federal, State, or local court; and
(ii) any document described in clause (i)
that is not available by hyperlink on another
website.
(B) Deadline.--The information described in
subparagraph (A) shall be posted to the website made
available by hyperlink on the Dashboard not later than
2 business days after the date on which the Federal
agency receives the information.
(4) Postings by the executive director.--The Executive
Director shall publish to the Dashboard--
(A) the permitting timetable established under
subparagraph (A) or (C) of subsection (c)(2);
(B) the status of the compliance of each agency
with the permitting timetable;
(C) any modifications of the permitting timetable;
(D) an explanation of each modification described
in subparagraph (C); and
(E) any memorandum of understanding established
under subsection (c)(3)(B).
(c) Coordination and Timetables.--
(1) Coordinated project plan.--
(A) In general.--Not later than 60 days after the
date on which the Executive Director must make a
specific entry for the project on the Dashboard under
subsection (b)(2)(A), the facilitating or lead agency,
as applicable, in consultation with each coordinating
and participating agency, shall establish a concise
plan for coordinating public and agency participation
in, and completion of, any required Federal
environmental review and authorization for the project.
(B) Required information.--The Coordinated Project
Plan shall include the following information and be
updated by the facilitating or lead agency, as
applicable, at least once per quarter:
(i) A list of, and roles and
responsibilities for, all entities with
environmental review or authorization
responsibility for the project.
(ii) A permitting timetable, as described
in paragraph (2), setting forth a comprehensive
schedule of dates by which all environmental
reviews and authorizations, and to the maximum
extent practicable, State permits, reviews and
approvals must be made.
(iii) A discussion of potential avoidance,
minimization, and mitigation strategies, if
required by applicable law and known.
(iv) Plans and a schedule for public and
tribal outreach and coordination, to the extent
required by applicable law.
(C) Memorandum of understanding.--The coordinated
project plan described in subparagraph (A) may be
incorporated into a memorandum of understanding.
(2) Permitting timetable.--
(A) Establishment.--As part of the coordination
project plan under paragraph (1), the facilitating or
lead agency, as applicable, in consultation with each
cooperating and participating agency, the project
sponsor, and any State in which the project is located,
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 project.
(B) Factors for consideration.--In establishing the
permitting timetable under subparagraph (A), the
facilitating or lead agency shall follow the
performance schedules established under section
3(c)(1)(C), but may vary the timetable based on
relevant factors, including--
(i) the size and complexity of the covered
project;
(ii) the resources available to each
participating agency;
(iii) the regional or national economic
significance of the project;
(iv) the sensitivity of the natural or
historic resources that may be affected by the
project;
(v) the financing plan for the project; and
(vi) the extent to which similar projects
in geographic proximity to the project were
recently subject to environmental review or
similar procedures under State law.
(C) Dispute resolution.--
(i) In general.--The Executive Director, in
consultation with appropriate agency CERPOs and
the project sponsor, shall, as necessary,
mediate any disputes regarding the permitting
timetable established under subparagraph (A).
(ii) Disputes.--If a dispute remains
unresolved 30 days after the date on which the
dispute was submitted to the Executive
Director, the Director of the Office of
Management and Budget, in consultation with the
Chairman of the Council on Environmental
Quality, shall resolve the dispute.
(iii) Final resolution.--Resolution of a
dispute by the Director of the Office of
Management and Budget under clause (ii) shall--
(I) be final and conclusive; and
(II) not be subject to judicial
review.
(D) Modification after approval.--
(i) In general.--The facilitating or lead
agency, as applicable, may modify a permitting
timetable established under subparagraph (A)
only if--
(I) the facilitating or lead
agency, as applicable, and the affected
cooperating agencies, after
consultation with the participating
agencies, agree to a different
deadline; and
(II) the facilitating agency or
lead agency, as applicable, or the
affected cooperating agency provides a
written justification for the
modification.
(ii) Deadline.--A deadline in the
permitting timetable may not be modified within
30 days of the deadline.
(E) Consistency with other time periods.--A
permitting timetable established under subparagraph (A)
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 project.
(F) Conforming to permitting timetables.--
(i) In general.--Each Federal agency shall
conform to the deadlines set forth in the
permitting timetable established under
subparagraph (A), or with any deadline modified
under subparagraph (D).
(ii) 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 deadline, the agency shall--
(I) 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 deadline;
(II) in consultation with the
facilitating or lead agency, as
applicable, establish an alternative
deadline; and
(III) each month thereafter until
the agency has taken final action on
the delayed authorization or review,
submit to the Executive Director for
posting on the Dashboard a status
report describing any agency activity
related to the project.
(G) Abandonment of covered project.--
(i) In general.--If the facilitating or
lead agency, as applicable, has a reasonable
basis to doubt the continuing technical or
financial ability of the project sponsor to
construct the covered project, the facilitating
or lead agency may request the project sponsor
provide an updated statement regarding the
ability of the project sponsor to complete the
project.
(ii) Failure to respond.--If the project
sponsor fails to respond to a request described
in clause (i) by the date that is 30 days after
receiving the request, the lead or facilitating
agency, as applicable, shall notify the
Executive Director, who shall publish an
appropriate notice on the Dashboard.
(iii) Publication to dashboard.--On
publication of a notice under clause (ii), the
deadlines in the permitting timetable shall be
tolled and agencies shall be relieved of the
obligation to comply with subparagraph (F)
until such time as the project sponsor submits
to the facilitating or lead agency, as
applicable, an updated statement regarding the
technical and financial ability of the project
sponsor to construct the project.
(3) Cooperating state, local, or tribal governments.--
(A) In general.--To the maximum extent practicable
under applicable law, the facilitating or lead agency,
as applicable, shall coordinate the Federal
environmental review and authorization processes under
this subsection with any State, local, 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
authorizations.
(B) Memorandum of understanding.--
(i) In general.--Any coordination plan
between the facilitating or lead agency, as
applicable, and any State, local, or tribal
agency shall, to the maximum extent
practicable, be included in a memorandum of
understanding.
(ii) Submission to executive director.--The
facilitating or lead agency, as applicable,
shall submit to the Executive Director each
memorandum of understanding described in clause
(i).
(d) Early Consultation.--The facilitating or lead agency, as
applicable, shall provide an expeditious process for project sponsors
to confer with each cooperating and participating agency involved and,
not later than 60 days after the date on which the project sponsor
submits a request under this subsection, to have each such agency
provide to the project sponsor information concerning--
(1) the availability of information and tools, including
pre-application toolkits, to facilitate early planning efforts;
(2) key issues of concern to each agency and to the public;
and
(3) issues that must be addressed before an environmental
review or authorization can be completed.
(e) Cooperating Agency.--
(1) In general.--A lead agency may designate a
participating agency as a cooperating agency in accordance with
part 1501 of title 40, Code of Federal Regulations (or
successor regulations).
(2) Effect on other designation.--The designation described
in paragraph (1) shall not affect any designation under
subsection (a)(3).
(3) Limitation on designation.--Any agency not designated
as a participating agency under subsection (a)(3) shall not be
designated as a cooperating agency under paragraph (1).
SEC. 5. INTERSTATE COMPACTS.
(a) In General.--The consent of Congress is given for 3 or more
contiguous States to enter into an interstate compact establishing
regional infrastructure development agencies to facilitate
authorization and review of covered projects, under State law or in the
exercise of delegated permitting authority described under section 7,
that will advance infrastructure development, production, and
generation within the States that are parties to the compact.
(b) Regional Infrastructure.--For the purpose of this Act, a
regional infrastructure development agency referred to in subsection
(a) shall have the same authorities and responsibilities of a State
agency.
SEC. 6. COORDINATION OF REQUIRED REVIEWS.
(a) Concurrent Reviews.--To integrate environmental reviews and
authorizations, each agency shall, to the maximum extent practicable--
(1) carry out the obligations of the agency with respect to
a covered project under any other applicable law concurrently,
and in conjunction with, other environmental reviews and
authorizations being conducted by other cooperating or
participating agencies, including environmental reviews and
authorizations required under NEPA, unless the agency
determines that doing so would impair the ability of the agency
to carry out the statutory obligations of the agency; and
(2) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure completion
of the environmental review process in a timely, coordinated,
and environmentally responsible manner.
(b) Adoption, Incorporation by Reference, and Use of Documents.--
(1) State environmental documents; supplemental
documents.--
(A) Use of existing documents.--
(i) In general.--On the request of a
project sponsor, a lead agency shall consider
and, as appropriate, adopt or incorporate by
reference, the analysis and documentation that
has been prepared for a covered project under
State laws and procedures as the documentation,
or part of the documentation, required to
complete an environmental review for the
covered project, if the analysis and
documentation were, as determined by the lead
agency in consultation with the Council on
Environmental Quality, 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 NEPA.
(ii) Guidance by ceq.--The Council on
Environmental Quality may issue guidance to
carry out this subsection.
(B) NEPA obligations.--An environmental document
adopted under subparagraph (A) or a document that
includes documentation incorporated under subparagraph
(A) may serve as the documentation required for an
environmental review or a supplemental environmental
review required to be prepared by a lead agency under
NEPA.
(C) Supplementation of state documents.--If the
lead agency adopts or incorporates analysis and
documentation described in subparagraph (A), 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--
(i) a significant change has been made to
the covered project that is relevant for
purposes of environmental review of the
project; or
(ii) there has been a significant
circumstance or new information has emerged
that is relevant to the environmental review
for the covered project.
(D) Comments.--If a lead agency prepares and
publishes a supplemental document under subparagraph
(C), the lead agency shall solicit comments from other
agencies and the public on the supplemental document
for a period of not more than 45 days, beginning on the
date on which the supplemental document is published,
unless--
(i) the lead agency, the project sponsor,
and any cooperating agency agree to a longer
deadline; or
(ii) the lead agency extends the deadline
for good cause.
(E) Notice of outcome of environmental review.--A
lead agency shall issue a record of decision or finding
of no significant impact, as appropriate, based on the
document adopted under subparagraph (A) and any
supplemental document prepared under subparagraph (C).
(c) Alternatives Analysis.--
(1) Participation.--As early as practicable during the
environmental review, but not later than the commencement of
scoping for a project requiring the preparation of an
environmental impact statement, the lead agency shall engage
cooperating agencies in determining the range of alternatives
to be considered for a covered project.
(2) Range of alternatives.--Following participation under
paragraph (1), 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 project.
(3) Methodologies.--
(A) In general.--The lead agency shall determine,
in collaboration with each cooperating agency at
appropriate times during the environmental review, the
methodologies to be used and the level of detail
required in the analysis of each alternative for a
covered project.
(B) Environmental review.--A cooperating agency
shall use the methodologies referred to in subparagraph
(A) when conducting any required environmental review,
to the extent consistent with existing law.
(4) Preferred alternative.--With the concurrence of the
cooperating agencies and at the discretion of the lead agency,
the preferred alternative for a project, after being
identified, 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--
(A) the lead agency from making an impartial
decision as to whether to accept another alternative
that is being considered in the environmental review;
and
(B) the public from commenting on the preferred and
other alternatives.
(d) Environmental Review Comments.--
(1) Comments on draft environmental impact statement.--For
comments by an agency or the public on a draft environmental
impact statement, the lead agency shall establish a comment
period of not less than 45 days and not more than 60 days after
the date on which a notice announcing availability of the
environmental impact statement is published in the Federal
Register, unless--
(A) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(B) the lead agency extends the deadline for good
cause.
(2) Other review and comment periods.--For all other review
or comment periods in the environmental review process
described in parts 1500 through 1508 of title 40, Code of
Federal Regulations (or successor regulations), the lead agency
shall establish a comment period of not more than 45 days after
the date on which the materials on which comment is requested
are made available, unless--
(A) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(B) the lead agency extends the deadline for good
cause.
(e) Issue Identification and Resolution.--
(1) 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 law.
(2) Lead agency responsibilities.--
(A) 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
environmental, historic, and socioeconomic resources
located within the project area and the general
locations of the alternatives under consideration.
(B) Sources of information.--The information
described in subparagraph (A) may be based on existing
data sources, including geographic information systems
mapping.
(3) Cooperating and participating agency
responsibilities.--Each cooperating and participating agency
shall--
(A) identify, as early as practicable, any issues
of concern regarding any potential environmental
impacts of the covered project, including any issues
that could substantially delay or prevent an agency
from completing any environmental review or
authorization required for the project; and
(B) communicate any issues described in
subparagraph (A) to the project sponsor.
(f) Categories of Projects.--The authorities granted under this
section may be exercised for an individual covered project or a
category of covered projects.
SEC. 7. DELEGATED STATE PERMITTING PROGRAMS.
(a) 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 agency, the Federal
agency with authority to carry out the statute shall--
(1) on publication by the Council of best practices under
section 3(c)(2)(B), initiate a national process, with public
participation, 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 statute;
and
(2) not later than 2 years after the date of enactment of
this Act, make model recommendations for State modifications of
the applicable permit program to reflect the best practices
described in section 3(c)(2)(B), as appropriate.
(b) Best Practices.--Lead and cooperating agencies may share with
State, tribal, and local authorities best practices involved in review
of covered projects and invite input from State, tribal, and local
authorities regarding best practices.
SEC. 8. LITIGATION, JUDICIAL REVIEW, AND SAVINGS PROVISION.
(a) Limitations on Claims.--
(1) In general.--Notwithstanding any other provision of
law, 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--
(A) the action is filed not later than 2 years
after the date of publication in the Federal Register
of the final record of decision or approval or denial
of a permit, unless a shorter time is specified in the
Federal law under which judicial review is allowed; and
(B) in the case of an action pertaining to an
environmental review conducted under NEPA--
(i) 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 comment; and
(ii) 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
review.
(2) New information.--
(A) 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 NEPA.
(B) Separate action.--If Federal law requires the
preparation of a supplemental environmental impact
statement or other supplemental environmental document,
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 2 years after the date on which a notice
announcing the final agency action is published in the
Federal Register, unless a shorter time is specified in
the Federal law under which judicial review is allowed.
(3) 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
authorization.
(b) Preliminary Injunctive Relief.--In addition to considering any
other applicable equitable factors, 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
project, the court shall--
(1) consider the effects on public health, safety, and the
environment, the potential for significant job losses, and
other economic harm resulting from an order or injunction; and
(2) not presume that the harms described in paragraph (1)
are reparable.
(c) Judicial Review.--Except as provided in subsection (a), nothing
in this Act affects the reviewability of any final Federal agency
action in a court of competent jurisdiction.
(d) Savings Clause.--Nothing in this Act--
(1) supersedes, amends, or modifies any Federal statute or
affects the responsibility of any Federal officer to comply
with or enforce any statute; or
(2) creates a presumption that a covered project will be
approved or favorably reviewed by any agency.
(e) Limitations.--Nothing in this section preempts, limits, or
interferes with--
(1) any practice of seeking, considering, or responding to
public comment; or
(2) any power, jurisdiction, responsibility, or authority
that a Federal, State, or local governmental agency,
metropolitan planning organization, Indian tribe, or project
sponsor has with respect to carrying out a project or any other
provisions of law applicable to any project, plan, or program.
SEC. 9. REPORT TO CONGRESS.
(a) In General.--Not later than April 15 of each year for 10 years
beginning on the date of enactment of this Act, the Executive Director
shall submit to Congress a report detailing the progress accomplished
under this Act during the previous fiscal year.
(b) Contents.--The report described in subsection (a) shall assess
the performance of each participating agency and lead agency based on
the best practices described in section 3(c)(2)(B).
(c) Opportunity to Include Comments.--Each councilmember, with
input from the respective agency CERPO, shall have the opportunity to
include comments concerning the performance of the agency in the report
described in subsection (a).
SEC. 10. FUNDING FOR GOVERNANCE, OVERSIGHT, AND PROCESSING OF
ENVIRONMENTAL REVIEWS AND PERMITS.
(a) In General.--The heads of agencies listed in section
3(b)(2)(B), with the guidance of the Director of the Office of
Management and Budget and in consultation with the Executive Director,
may, after public notice and opportunity for comment, 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 projects.
(b) Reasonable Costs.--As used in this section, the term
``reasonable costs'' shall include costs to implement the requirements
and authorities required under sections 3 and 4, including the costs to
agencies and the costs of operating the Council.
(c) Fee Structure.--The fee structure established under subsection
(a) shall--
(1) be developed in consultation with affected project
proponents, industries, and other stakeholders;
(2) exclude parties for which the fee would impose an undue
financial burden or is otherwise determined to be
inappropriate; and
(3) be established in a manner that ensures that the
aggregate amount of fees collected for a fiscal year is
estimated not to exceed 20 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
Act, as determined by the Director of the Office of Management
and Budget.
(d) Environmental Review and Permitting Improvement Fund.--
(1) 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'' (referred to in this section as the
``Fund'').
(2) Availability.--Amounts in the Fund shall be available
to the Executive Director, without appropriation or fiscal year
limitation, solely for the purposes of administering,
implementing, and enforcing this Act, including the expenses of
the Council.
(3) Transfer.--The Executive Director, with the approval of
the Director of the Office of Management and Budget, may
transfer amounts in the Fund to other agencies to facilitate
timely and efficient environmental reviews and authorizations
for proposed covered projects.
(e) Effect on Permitting.--The regulations adopted pursuant to
subsection (a) shall ensure that the use of funds accepted under
subsection (d) will not impact impartial decision-making with respect
to environmental reviews or authorizations, either substantively or
procedurally.
(f) Transfer of Appropriated Funds.--The heads of agencies listed
in section 3(b)(2)(B) shall have the authority to transfer funds
appropriated to those agencies and not otherwise obligated for the
development of infrastructure projects, or the environmental review and
authorization of infrastructure projects, among affected Federal
agencies to implement the provisions of this Act in accordance with
section 1535 of title 31, United States Code.
SEC. 11. APPLICATION.
This Act applies to any covered project for which--
(1) a notice is filed under section 4(a)(1); or
(2) an application or other request for a Federal
authorization is pending before a Federal agency 90 days after
the date of enactment of this Act.
Amend the title so as to read: ``A bill to improve the
efficiency, management, and interagency coordination of the
Federal permitting process, and for other purposes.''.
Calendar No. 193
114th CONGRESS
1st Session
S. 280
[Report No. 114-113]
_______________________________________________________________________
A BILL
To improve the efficiency, management, and interagency coordination of
the Federal permitting process through reforms overseen by the Director
of the Office of Management and Budget, and for other purposes.
_______________________________________________________________________
August 4, 2015
Reported with an amendment and an amendment to the title