II 

118TH CONGRESS 

1ST SESSION S. 877 

To amend the FAST Act to improve the Federal permitting process, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 21, 2023 

Mr. CRUZ introduced the following bill; which was read twice and referred to 

the Committee on Environment and Public Works 

A BILL 

To amend the FAST Act to improve the Federal permitting 

process, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Permitting 

5 Modernization Act of 2023’’. 

6 SEC. 2. FEDERAL PERMITTING MODERNIZATION. 

7 (a) PERMITTING PROCESS IMPROVEMENT.—Section 

8 41003 of the FAST Act (42 U.S.C. 4370m–2) is amend9 ed— 


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1 (1) in subsection (b)(4)(A), by striking ‘‘or (C)’’ 

2 and inserting ‘‘or (D)’’; and 

3 (2) in subsection (c)(2)— 

4 (A) in subparagraph (A), by striking ‘‘sub5 paragraph (C)’’ and inserting ‘‘subparagraph 

6 (D)’’; 

7 (B) by redesignating subparagraphs (B) 

8 through (G) as subparagraphs (C) through (H), 

9 respectively; 

10 (C) by inserting after subparagraph (A) 

11 the following: 

12 ‘‘(B) NOTICE OF INTENT AND SCOPING.— 

13 ‘‘(i) IN GENERAL.—The permitting 

14 timetable under subparagraph (A) shall re15 quire that not later than 5 business days 

16 after the Coordinated Project Plan is re17 quired to be established under paragraph 

18 (1)(A), the lead agency shall publish in the 

19 Federal Register a notice of intent to pre20 pare the relevant environmental document 

21 required by NEPA. 

22 ‘‘(ii) ENVIRONMENTAL IMPACT STATE23 MENTS.—If the relevant environmental 

24 document required by NEPA is an envi25 ronmental impact statement, the notice of 


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1 intent required under clause (i) and the 

2 permitting timetable under subparagraph 

3 (A) shall provide for a public scoping pe4 riod of not longer than 60 days, which 

5 shall begin not later than 30 days after the 

6 date on which the notice of intent is pub7 lished.’’; 

8 (D) in clause (i)(IV) of subparagraph (E) 

9 (as so redesignated), by striking ‘‘subparagraph 

10 (B)’’ and inserting ‘‘subparagraph (C)’’; 

11 (E) in clause (i) of subparagraph (G) (as 

12 so redesignated), by striking ‘‘subparagraph 

13 (D)’’ and inserting ‘‘subparagraph (E)’’; and 

14 (F) in clause (iii) of subparagraph (H) (as 

15 so redesignated), by striking ‘‘subparagraph 

16 (F)’’ and inserting ‘‘subparagraph (G)’’. 

17 (b) COORDINATION OF REQUIRED REVIEWS.—Sec18 tion 41005 of the FAST Act (42 U.S.C. 4370m–4) is 

19 amended— 

20 (1) by redesignating subsections (f) and (g) as 

21 subsections (g) and (h), respectively; and 

22 (2) by inserting after subsection (e) the fol23 lowing: 

24 ‘‘(f) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 


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1 ‘‘(1) INCORPORATION OF COMMENTS AND PUB2 LICATION OF FINAL ENVIRONMENTAL IMPACT

3 STATEMENT.—Subject to paragraph (2)(C), not 

4 later than 30 days after the date on which the public 

5 comment period for a draft environmental impact 

6 statement under subsection (d)(1) ends, the lead 

7 agency shall— 

8 ‘‘(A) incorporate any necessary changes; 

9 and 

10 ‘‘(B) approve, adopt, and publish the final 

11 environmental impact statement. 

12 ‘‘(2) PREPARATION BY PROJECT SPONSOR.— 

13 ‘‘(A) IN GENERAL.—Notwithstanding any 

14 other provision of law, an environmental impact 

15 statement for a covered project shall not be 

16 considered legally insufficient solely because the 

17 draft environmental impact statement was pre18 pared by, or under the supervision of, the 

19 project sponsor, if the lead agency— 

20 ‘‘(i) furnishes guidance and partici21 pates in the preparation of the environ22 mental impact statement; 

23 ‘‘(ii) independently evaluates the envi24 ronmental impact statement; and 


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1 ‘‘(iii) approves and adopts the envi2 ronmental impact statement. 

3 ‘‘(B) APPROVAL AND ADOPTION OF DRAFT

4 STATEMENT.—If the lead agency approves and 

5 adopts a draft environmental impact statement 

6 described in subparagraph (A), the lead agency 

7 shall publish the draft environmental impact 

8 statement for public comment not later than 30 

9 days after the date on which the lead agency re10 ceives the draft environmental impact state11 ment. 

12 ‘‘(C) RESUBMISSION.—If the lead agency 

13 determines that a draft environmental impact 

14 statement described in subparagraph (A) is le15 gally insufficient or deficient in a respect that 

16 could affect the decision of a lead agency or a 

17 cooperating agency, the lead agency shall, not 

18 later than 30 days after the date on which the 

19 agency receives the draft environmental impact 

20 statement— 

21 ‘‘(i) indicate all deficiencies in the 

22 draft environmental impact statement to 

23 the project sponsor for remediation; and 


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1 ‘‘(ii) allow the project sponsor to re2 submit the draft detailed statement in ac3 cordance with subparagraph (B). 

4 ‘‘(D) SAVINGS PROVISION.—The proce5 dures under this paragraph shall not relieve any 

6 agency of— 

7 ‘‘(i) any responsibilities for the scope, 

8 objectivity, and content of an environ9 mental impact statement; or 

10 ‘‘(ii) any other responsibility under 

11 NEPA.’’. 

12 (c) PRELIMINARY INJUNCTIVE RELIEF IN NEPA AC13 TIONS.—Section 41007 of the FAST Act (42 U.S.C. 

14 4370m–6) is amended— 

15 (1) by redesignating subsections (c) through (e) 

16 as subsections (d) through (f), respectively; 

17 (2) in subsection (b), in the matter preceding 

18 paragraph (1), by striking ‘‘In addition’’ and insert19 ing ‘‘Subject to subsection (c), in addition’’; and 

20 (3) by inserting after subsection (b) the fol21 lowing: 

22 ‘‘(c) PRELIMINARY INJUNCTIVE RELIEF IN NEPA 

23 ACTIONS.—In the case of an action pertaining to an envi24 ronmental review conducted under NEPA, a court shall 

25 not issue a temporary restraining order or preliminary inVerDate Sep 11 2014 05:15 Mar 30, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S877.IS S877

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1 junction against an agency or a project sponsor in connec2 tion with the review or authorization of a covered project 

3 unless the court, in the discretion of the court, determines 

4 that— 

5 ‘‘(1) the environmental review has failed sub6 stantially and materially to comply with the require7 ments of NEPA; and 

8 ‘‘(2) the failure described in paragraph (1) can9 not be cured by supplementing the environmental 

10 document or other mitigation and monitoring meas11 ures.’’. 

Æ 


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