II 

113TH CONGRESS 

1ST SESSION S. 1397 

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 

JULY 30, 2013 

Mr. PORTMAN (for himself, Mrs. MCCASKILL, Mr. DONNELLY, Mr. ENZI, and 

Mr. BARRASSO) introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

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. 

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 Improvement Act of 2013’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) AGENCY.—The term ‘‘agency’’ has the 

2 meaning given the term in section 551 of title 5, 

3 United States Code. 

4 (2) AGENCY CPO.—The term ‘‘agency CPO’’ 

5 means the chief permitting officer of an agency des6 ignated by the head of the agency under section 

7 3(b)(2)(A)(i). 

8 (3) AUTHORIZATION.—The term ‘‘authoriza9 tion’’ means— 

10 (A) any license, permit, approval, or other 

11 administrative decision required or authorized 

12 to be issued by an agency with respect to the 

13 siting, construction, reconstruction, or com14 mencement of operations of a covered project 

15 under Federal law, whether administered by a 

16 Federal or State agency; or 

17 (B) any determination or finding required 

18 to be issued by an agency— 

19 (i) as a precondition to an authoriza20 tion described under paragraph (A); or 

21 (ii) before an applicant may take a 

22 particular action with respect to the siting, 

23 construction, reconstruction, or commence24 ment of operations of a covered project 


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1 under Federal law, whether administered 

2 by a Federal or State agency. 

3 (4) COUNCIL.—The term ‘‘Council’’ means the 

4 Federal Infrastructure Permitting Improvement 

5 Council established by section 3(a). 

6 (5) COVERED PROJECT.— 

7 (A) IN GENERAL.—The term ‘‘covered 

8 project’’ means any construction activity in the 

9 United States that requires authorization or re10 view by a Federal agency— 

11 (i) involving renewable or conventional 

12 energy production, electricity transmission, 

13 surface transportation, aviation, ports and 

14 waterways, water resource projects, 

15 broadband, pipelines, manufacturing, or 

16 any other sector as determined by the Fed17 eral CPO; and 

18 (ii) that is likely to require an initial 

19 investment of more than $25,000,000, as 

20 determined by the Federal CPO. 

21 (B) EXCLUSION.—The term ‘‘covered 

22 project’’ does not include any project subject to 

23 section 101(b)(4) of title 23, United States 

24 Code. 


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1 (6) DASHBOARD.—The term ‘‘Dashboard’’ 

2 means the Permitting Dashboard required by section 

3 4(b). 

4 (7) ENVIRONMENTAL ASSESSMENT.—The term 

5 ‘‘environmental assessment’’ means a concise public 

6 document for which a Federal agency is responsible 

7 that serves— 

8 (A) to briefly provide sufficient evidence 

9 and analysis for determining whether to prepare 

10 an environmental impact statement or a finding 

11 of no significant impact; 

12 (B) to aid in the compliance of the agency 

13 with NEPA if an environmental impact state14 ment is not necessary; and 

15 (C) to facilitate preparation of an environ16 mental impact statement, if an environmental 

17 impact statement is necessary. 

18 (8) ENVIRONMENTAL DOCUMENT.—The term 

19 ‘‘environmental document’’ means an environmental 

20 assessment or environmental impact statement. 

21 (9) ENVIRONMENTAL IMPACT STATEMENT.— 

22 The term ‘‘environmental impact statement’’ means 

23 the detailed statement of significant environmental 

24 impacts required to be prepared under NEPA. 


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1 (10) ENVIRONMENTAL REVIEW.—The term 

2 ‘‘environmental review’’ means the agency proce3 dures for preparing an environmental impact state4 ment, environmental assessment, categorical exclu5 sion, or other document required under NEPA. 

6 (11) FEDERAL CPO.—The term ‘‘Federal CPO’’ 

7 means the Federal Chief Permitting Officer ap8 pointed by the President under section 3(b)(1). 

9 (12) INVENTORY.—The term ‘‘inventory’’ 

10 means the inventory of covered projects established 

11 by the Federal CPO under section 3(c)(1)(A). 

12 (13) LEAD AGENCY.—The term ‘‘lead agency’’ 

13 means the agency with principal responsibility for 

14 review and authorization of a covered project, as de15 termined under section 3(c)(1)(B). 

16 (14) NEPA.—The term ‘‘NEPA’’ means the 

17 National Environmental Policy Act of 1969 (42 

18 U.S.C. 4321 et seq.). 

19 (15) PARTICIPATING AGENCY.—The term ‘‘par20 ticipating agency’’ means any agency participating 

21 in reviews or authorizations for a particular covered 

22 project in accordance with section 4. 

23 (16) PROJECT SPONSOR.—The term ‘‘project 

24 sponsor’’ means the entity, including any private, 


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1 public, or public-private entity, that seeks approval 

2 for a project. 

3 SEC. 3. FEDERAL PERMITTING IMPROVEMENT COUNCIL. 

4 (a) ESTABLISHMENT.—There is established the Fed5 eral Permitting Improvement Council. 

6 (b) COMPOSITION.— 

7 (1) CHAIR.—The President shall appoint an of8 ficer of the Office of Management and Budget as the 

9 Federal Chief Permitting Officer to serve as Chair 

10 of the Council, by and with the advice and consent 

11 of the Senate. 

12 (2) CHIEF PERMITTING OFFICERS.— 

13 (A) IN GENERAL.— 

14 (i) DESIGNATION BY HEAD OF AGEN15 CY.—Each individual listed in subpara16 graph (B) shall designate a member of the 

17 agency in which the individual serves to 

18 serve as the agency CPO. 

19 (ii) QUALIFICATIONS.—The agency 

20 CPO described in clause (i) shall hold a 

21 position in the agency of the equivalent of 

22 a deputy secretary or higher. 

23 (iii) MEMBERSHIP.—Each agency 

24 CPO described in clause (i) shall serve on 

25 the Council. 


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1 (B) HEADS OF AGENCIES.—The individ2 uals that shall each designate an agency CPO 

3 under this subparagraph are as follows: 

4 (i) The Secretary of Agriculture. 

5 (ii) The Secretary of Commerce. 

6 (iii) The Secretary of the Interior. 

7 (iv) The Secretary of Energy. 

8 (v) The Secretary of Transportation. 

9 (vi) The Secretary of Defense. 

10 (vii) The Administrator of the Envi11 ronmental Protection Agency. 

12 (viii) The Chairman of the Federal 

13 Energy Regulatory Commission. 

14 (ix) The Chairman of the Nuclear 

15 Regulatory Commission. 

16 (x) The Chairman of the Advisory 

17 Council on Historic Preservation. 

18 (xi) Any other head of a Federal 

19 agency that the Federal CPO may invite to 

20 participate as a member of the Council. 

21 (3) CHAIRMAN OF THE COUNCIL ON ENVIRON22 MENTAL QUALITY.—In addition to the members list23 ed in paragraphs (1) and (2), the Chairman of the 

24 Council on Environmental Quality shall also be a 

25 member of the Council. 


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1 (c) DUTIES.— 

2 (1) FEDERAL CPO.— 

3 (A) INVENTORY DEVELOPMENT.—The 

4 Federal CPO, in consultation with the members 

5 of the Council, shall— 

6 (i) not later than 3 months after the 

7 date of enactment of this Act, establish an 

8 inventory of covered projects that are 

9 pending the review or authorization of the 

10 head of any Federal agency; 

11 (ii)(I) categorize the projects in the 

12 inventory as appropriate based on the 

13 project type; and 

14 (II) for each category, identify the 

15 types of reviews and authorizations most 

16 commonly involved; and 

17 (iii) add covered projects to the inven18 tory after the Federal CPO receives a no19 tice described in section 4(a)(1). 

20 (B) LEAD AGENCY DESIGNATION.—The 

21 Federal CPO, in consultation with the Council, 

22 shall— 

23 (i) designate a lead agency for each 

24 category of covered projects described in 

25 subparagraph (A)(ii); and 


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1 (ii) publish on an Internet website the 

2 designations and categories in an easily ac3 cessible format. 

4 (C) PERFORMANCE SCHEDULES.— 

5 (i) IN GENERAL.—The Federal CPO, 

6 in consultation with the Council, shall de7 velop nonbinding performance schedules, 

8 including intermediate and final deadlines, 

9 for reviews and authorizations for each 

10 category of covered projects described in 

11 subparagraph (A)(ii). 

12 (ii) REQUIREMENTS.— 

13 (I) IN GENERAL.—The perform14 ance schedules shall reflect employ15 ment of the use of the most efficient 

16 applicable processes. 

17 (II) LIMIT.—The final deadline 

18 for completion of any review or au19 thorization contained in the perform20 ance schedules shall not be later than 

21 180 days after the date on which the 

22 completed application or request is 

23 filed. 

24 (iii) REVIEW AND REVISION.—Not 

25 later than 2 years after the date on which 


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1 the performance schedules are established 

2 under this subparagraph, and not less fre3 quently than once every 2 years thereafter, 

4 the Federal CPO, in consultation with the 

5 Council, shall review and revise the per6 formance schedules. 

7 (D) GUIDANCE.—The Federal CPO may 

8 issue circulars, bulletins, guidelines, and other 

9 similar directives as necessary to carry out re10 sponsibilities under this Act and to effectuate 

11 the adoption by agencies of the best practices 

12 and recommendations of the Council described 

13 in paragraph (2). 

14 (2) COUNCIL.— 

15 (A) RECOMMENDATIONS.— 

16 (i) IN GENERAL.—The Council shall 

17 make recommendations to the Federal 

18 CPO with respect to the designations 

19 under paragraph (1)(B) and the perform20 ance schedules under paragraph (1)(C). 

21 (ii) UPDATE.—The Council may up22 date the recommendations described in 

23 clause (i). 

24 (B) BEST PRACTICES.—Not later than 1 

25 year after the date of enactment of this Act, 


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1 and at least annually thereafter, the Council 

2 shall issue recommendations on the best prac3 tices for— 

4 (i) early stakeholder engagement, in5 cluding fully considering and, as appro6 priate, incorporating recommendations pro7 vided in public comments on any proposed 

8 covered project; 

9 (ii) assuring timeliness of permitting 

10 and review decisions; 

11 (iii) coordination between Federal and 

12 non-Federal governmental entities; 

13 (iv) transparency; 

14 (v) reduction of information collection 

15 requirements and other administrative bur16 dens on agencies, project sponsors, and 

17 other interested parties; 

18 (vi) evaluating lead agencies and par19 ticipating agencies under this Act; and 

20 (vii) other aspects of infrastructure 

21 permitting, as determined by the Council. 

22 SEC. 4. PERMITTING PROCESS IMPROVEMENT. 

23 (a) PROJECT INITIATION AND DESIGNATION OF PAR24 TICIPATING AGENCIES.— 

25 (1) NOTICE.— 


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1 (A) IN GENERAL.—A project sponsor shall 

2 provide the Federal CPO and the lead agency 

3 notice of the initiation of a proposed covered 

4 project. 

5 (B) CONTENTS.—Each notice described in 

6 subparagraph (A) shall include— 

7 (i) a description, including the general 

8 location, of the proposed project; 

9 (ii) a statement of any Federal au10 thorization or review anticipated to be re11 quired for the proposed project; and 

12 (iii) an assessment of the reasons why 

13 the proposed project meets the definition 

14 of a covered project in section 2. 

15 (2) INVITATION.— 

16 (A) IN GENERAL.—Not later than 45 days 

17 after the date on which a lead agency receives 

18 the notice under paragraph (1), the lead agency 

19 shall— 

20 (i) identify another agency that may 

21 have an interest in the proposed project; 

22 and 

23 (ii) invite the agency to become a par24 ticipating agency in the permitting manVerDate Mar 15 2010 23:31 Aug 01, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1397.IS S1397

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1 agement process and in the environmental 

2 review process described in section 6. 

3 (B) DEADLINES.—Each invitation made 

4 under subparagraph (A) shall include a dead5 line for a response to be submitted to the lead 

6 agency. 

7 (3) PARTICIPATING AGENCIES.—An agency in8 vited under paragraph (2) shall be designated as a 

9 participating agency for a covered project, unless the 

10 agency informs the lead agency in writing before the 

11 deadline described in paragraph (2)(B) that the 

12 agency— 

13 (A) has no jurisdiction or authority with 

14 respect to the proposed project; or 

15 (B) does not intend to exercise authority 

16 related to, or submit comments on, the pro17 posed project. 

18 (4) EFFECT OF DESIGNATION.—The designa19 tion described in paragraph (3) shall not give the 

20 participating agency jurisdiction over the proposed 

21 project. 

22 (5) CHANGE OF LEAD AGENCY.— 

23 (A) IN GENERAL.—On the request of a 

24 lead agency, participating agency, or project 

25 sponsor, the Federal CPO may designate a difVerDate Mar 15 2010 23:31 Aug 01, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1397.IS S1397

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1 ferent agency as the lead agency for a covered 

2 project if the Federal CPO receives new infor3 mation regarding the scope or nature of a cov4 ered project that indicates that the project 

5 should be placed in a different category under 

6 section 3(c)(1)(B). 

7 (B) RESOLUTION OF DISPUTE.—Any dis8 pute over designation of a lead agency for a 

9 particular covered project shall be resolved by 

10 the Federal CPO. 

11 (b) PERMITTING DASHBOARD.— 

12 (1) REQUIREMENT TO MAINTAIN.— 

13 (A) IN GENERAL.—The Federal CPO, in 

14 coordination with the Administrator of General 

15 Services, shall maintain an online database to 

16 be known as the ‘‘Permitting Dashboard’’ to 

17 track the status of Federal reviews and author18 izations for any covered project in the inven19 tory. 

20 (B) SPECIFIC AND SEARCHABLE ENTRY.— 

21 The Dashboard shall include a specific and 

22 searchable entry for each project. 

23 (2) ADDITIONS.—Not later than 7 days after 

24 the date on which the Federal CPO receives a notice 

25 under subsection (a)(1), the Federal CPO shall creVerDate Mar 15 2010 23:31 Aug 01, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1397.IS S1397

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1 ate a specific entry on the Dashboard for the 

2 project, unless the Federal CPO or lead agency de3 termines that the project is not a covered project. 

4 (3) SUBMISSIONS BY AGENCIES.—The lead 

5 agency and each participating agency shall submit to 

6 the Federal CPO for posting on the Dashboard for 

7 each covered project— 

8 (A) any application and any supporting 

9 document submitted by a project sponsor for 

10 any required Federal review or authorization 

11 for the project; 

12 (B) not later than 2 business days after 

13 the date on which any agency action or decision 

14 that materially affects the status of the project 

15 is made, a description, including significant 

16 supporting documents, of the agency action or 

17 decision; and 

18 (C) the status of any litigation to which 

19 the agency is a party that is directly related to 

20 the project, including, if practicable, any judi21 cial document made available on an electronic 

22 docket maintained by a Federal, State, or local 

23 court. 


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1 (4) POSTINGS BY THE FEDERAL CPO.—The 

2 Federal CPO shall post on the Dashboard an entry 

3 for each covered project that includes— 

4 (A) the information submitted under para5 graph (3)(A) not later than 2 days after the 

6 date on which the Federal CPO receives the in7 formation; 

8 (B) a permitting timetable approved by the 

9 Federal CPO under subsection (c)(2)(C); 

10 (C) the status of the compliance of each 

11 participating agency with the permitting time12 table; 

13 (D) any modifications of the permitting 

14 timetable; and 

15 (E) an explanation of each modification 

16 described in subparagraph (D). 

17 (c) COORDINATION AND TIMETABLES.— 

18 (1) COORDINATION PLAN.— 

19 (A) IN GENERAL.—Not later than 60 days 

20 after the date on which the lead agency receives 

21 a notice under subsection (a)(1), the lead agen22 cy, in consultation with each participating agen23 cy, shall establish a concise plan for coordi24 nating public and agency participation in, and 


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1 completion of, any required Federal review and 

2 authorization for the project. 

3 (B) MEMORANDUM OF UNDERSTANDING.— 

4 The lead agency may incorporate the coordina5 tion plan described in subparagraph (A) into a 

6 memorandum of understanding. 

7 (2) PERMITTING TIMETABLE.— 

8 (A) ESTABLISHMENT.—As part of the co9 ordination plan required by paragraph (1), the 

10 lead agency, in consultation with each partici11 pating agency, the project sponsor, and the 

12 State in which the project is located, shall es13 tablish a permitting timetable that includes in14 termediate and final deadlines for action by 

15 each participating agency on any Federal review 

16 or authorization required for the project. 

17 (B) FACTORS FOR CONSIDERATION.—In 

18 establishing the permitting timetable under sub19 paragraph (A), the lead agency shall follow the 

20 performance schedules established under section 

21 3(c)(1)(C), but may vary the timetable based on 

22 relevant factors, including— 

23 (i) the size and complexity of the cov24 ered project; 


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1 (ii) the resources available to each 

2 participating agency; 

3 (iii) the regional or national economic 

4 significance of the project; 

5 (iv) the sensitivity of the natural or 

6 historic resources that may be affected by 

7 the project; and 

8 (v) the extent to which similar 

9 projects in geographic proximity to the 

10 project were recently subject to environ11 mental review or similar procedures under 

12 State law. 

13 (C) APPROVAL BY THE FEDERAL CPO.— 

14 (i) REQUIREMENT TO SUBMIT.—The 

15 lead agency shall promptly submit to the 

16 Federal CPO a permitting timetable estab17 lished under subparagraph (A) for review. 

18 (ii) REVISION AND APPROVAL.— 

19 (I) IN GENERAL.—The Federal 

20 CPO, after consultation with the lead 

21 agency, may revise the permitting 

22 timetable if the Federal CPO deter23 mines that the timetable deviates 

24 without reasonable justification from 


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1 the performance schedule established 

2 under section 3(c)(1)(C). 

3 (II) NO REVISION BY FEDERAL

4 CPO WITHIN 7 DAYS.—If the Federal 

5 CPO does not revise the permitting 

6 timetable earlier than the date that is 

7 7 days after the date on which the 

8 lead agency submits to the Federal 

9 CPO the permitting timetable, the 

10 permitting timetable shall be approved 

11 by the Federal CPO. 

12 (D) MODIFICATION AFTER APPROVAL.— 

13 The lead agency may modify a permitting time14 table established under subparagraph (A) for 

15 good cause only if— 

16 (i) the lead agency and the affected 

17 participating agency agree to a different 

18 deadline; 

19 (ii) the lead agency or the affected 

20 participating agency provides a written ex21 planation of the justification for the modi22 fication; and 

23 (iii) the lead agency submits to the 

24 Federal CPO a modification, which the 

25 Federal CPO may revise or disapprove. 


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1 (E) CONSISTENCY WITH OTHER TIME PE2 RIODS.—A permitting timetable established 

3 under subparagraph (A) shall be consistent 

4 with any other relevant time periods established 

5 under Federal law. 

6 (F) COMPLIANCE.— 

7 (i) IN GENERAL.—Each Federal par8 ticipating agency shall comply with the 

9 deadlines set forth in the permitting time10 table approved under subparagraph (C), or 

11 with any deadline modified under subpara12 graph (D). 

13 (ii) FAILURE TO COMPLY.—If a Fed14 eral participating agency fails to comply 

15 with a deadline for agency action on a cov16 ered project, the head of the participating 

17 agency shall— 

18 (I) promptly report to the Fed19 eral CPO for posting on the Dash20 board an explanation of any specific 

21 reason for failing to meet the deadline 

22 and a proposal for an alternative 

23 deadline; and 

24 (II) report to the Federal CPO 

25 for posting on the Dashboard a 


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1 monthly status report describing any 

2 agency activity related to the project 

3 until the agency has taken final action 

4 on the delayed authorization or re5 view. 

6 (3) COOPERATING STATE, LOCAL, OR TRIBAL

7 GOVERNMENTS.— 

8 (A) IN GENERAL.—To the maximum ex9 tent practicable under applicable Federal law, 

10 the lead agency shall coordinate the Federal re11 view and authorization process under this sub12 section with any State, local, or tribal agency 

13 responsible for conducting any separate review 

14 or authorization of the covered project to en15 sure timely and efficient review and permitting 

16 decisions. 

17 (B) MEMORANDUM OF UNDERSTANDING.— 

18 (i) IN GENERAL.—Any coordination 

19 plan between the lead agency and any 

20 State, local, or tribal agency shall, to the 

21 maximum extent practicable, be included 

22 in a memorandum of understanding. 

23 (ii) SUBMISSION TO FEDERAL CPO.— 

24 A lead agency shall submit to the Federal 


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1 CPO each memorandum of understanding 

2 described in clause (i). 

3 (iii) POST TO DASHBOARD.—The Fed4 eral CPO shall post to the Dashboard each 

5 memorandum of understanding submitted 

6 under clause (ii). 

7 (d) EARLY CONSULTATION.—The lead agency shall 

8 provide an expeditious process for project sponsors to con9 fer with each participating agency involved and to have 

10 each participating agency determine and communicate to 

11 the project sponsor, not later than 60 days after the date 

12 on which the project sponsor submits a request, informa13 tion concerning— 

14 (1) the likelihood of approval for a potential 

15 covered project; and 

16 (2) key issues of concern to each participating 

17 agency and to the public. 

18 (e) COOPERATING AGENCY.— 

19 (1) IN GENERAL.—A lead agency may designate 

20 a participating agency as a cooperating agency in 

21 accordance with part 1501 of title 40, Code of Fed22 eral Regulations (or successor regulations). 

23 (2) EFFECT ON OTHER DESIGNATION.—The 

24 designation described in paragraph (1) shall not af25 fect any designation under subsection (a)(3). 


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1 (3) LIMITATION ON DESIGNATION.—Any agency 

2 not designated as a participating agency under sub3 section (a)(3) shall not be designated as a cooper4 ating agency under paragraph (1). 

5 SEC. 5. INTERSTATE COMPACTS. 

6 The consent of Congress is given for 3 or more con7 tiguous States to enter into an interstate compact estab8 lishing regional infrastructure development agencies to fa9 cilitate authorization and review of covered projects, under 

10 State law or in the exercise of delegated permitting au11 thority described under section 7, that will advance infra12 structure development, production, and generation within 

13 the States that are parties to the compact. 

14 SEC. 6. COORDINATION OF REQUIRED REVIEWS. 

15 (a) CONCURRENT REVIEWS.—Each agency shall, to 

16 the greatest extent permitted by law— 

17 (1) carry out the obligations of the agency 

18 under other applicable law concurrently, and in con19 junction with other reviews being conducted by other 

20 participating agencies, including environmental re21 views required under NEPA, unless doing so would 

22 impair the ability of the agency to carry out statu23 tory obligations; and 

24 (2) formulate and implement administrative, 

25 policy, and procedural mechanisms to enable the 


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1 agency to ensure completion of the environmental re2 view process in a timely, coordinated, and environ3 mentally responsible manner. 

4 (b) ADOPTION AND USE OF DOCUMENTS.— 

5 (1) STATE ENVIRONMENTAL DOCUMENTS; SUP6 PLEMENTAL DOCUMENTS.— 

7 (A) USE OF EXISTING DOCUMENTS.—On 

8 the request of a project sponsor, a lead agency 

9 shall consider and, as appropriate, adopt or in10 corporate, a document that has been prepared 

11 for a project under State laws and procedures 

12 as the environmental impact statement or envi13 ronmental assessment for the project if the 

14 State laws and procedures under which the doc15 ument was prepared provide, as determined by 

16 the lead agency in consultation with the Council 

17 on Environmental Quality, environmental pro18 tection and opportunities for public participa19 tion that are substantially equivalent to NEPA. 

20 (B) NEPA OBLIGATIONS.—An environ21 mental document adopted under subparagraph 

22 (A) may serve as, or supplement, an environ23 mental impact statement or environmental as24 sessment required to be prepared by a lead 

25 agency under NEPA. 


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1 (C) SUPPLEMENTAL DOCUMENT.—In the 

2 case of an environmental document described in 

3 subparagraph (A), during the period after prep4 aration of the document and prior to the adop5 tion of the document by the lead agency, the 

6 lead agency shall prepare and publish a supple7 mental document to the document if the lead 

8 agency determines that— 

9 (i) a significant change has been made 

10 to the project that is relevant for purposes 

11 of environmental review of the project; or 

12 (ii) there have been significant 

13 changes in circumstances or availability of 

14 information relevant to the environmental 

15 review for the project. 

16 (D) COMMENTS.—If a lead agency pre17 pares and publishes a supplemental document 

18 under subparagraph (C), the lead agency may 

19 solicit comments from other agencies and the 

20 public on the supplemental document for a pe21 riod of not more than 30 days beginning on the 

22 date on which the supplemental document is 

23 published. 

24 (E) RECORD OF DECISION.—A lead agency 

25 shall issue a record of decision or finding of no 


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1 significant impact, as appropriate, based on the 

2 document adopted under subparagraph (A) and 

3 any supplemental document prepared under 

4 subparagraph (C). 

5 (c) ALTERNATIVES ANALYSIS.— 

6 (1) PARTICIPATION.—As early as practicable 

7 during the environmental review, but not later than 

8 the commencement of scoping for a project requiring 

9 the preparation of an environmental impact state10 ment, the lead agency shall provide an opportunity 

11 for the involvement of cooperating agencies in deter12 mining the range of alternatives to be considered for 

13 a project. 

14 (2) RANGE OF ALTERNATIVES.—Following par15 ticipation under paragraph (1), the lead agency shall 

16 determine the range of alternatives for consideration 

17 in any document that the lead agency is responsible 

18 for preparing for the project. 

19 (3) METHODOLOGIES.—The lead agency shall 

20 determine, in collaboration with each cooperating 

21 agency at appropriate times during the environ22 mental review, the methodologies to be used and the 

23 level of detail required in the analysis of each alter24 native for a project. 


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1 (4) PREFERRED ALTERNATIVE.—At the discre2 tion of the lead agency, the preferred alternative for 

3 a project, after being identified, may be developed to 

4 a higher level of detail than other alternatives to fa5 cilitate the development of mitigation measures or 

6 concurrent compliance with other applicable laws if 

7 the lead agency determines that the development of 

8 the higher level of detail will not prevent— 

9 (A) the lead agency from making an im10 partial decision as to whether to accept another 

11 alternative that is being considered in the envi12 ronmental review; and 

13 (B) the public from commenting on the 

14 preferred and other alternatives 

15 (d) ENVIRONMENTAL REVIEW COMMENTS.— 

16 (1) COMMENTS ON DRAFT ENVIRONMENTAL IM17 PACT STATEMENT.—For comments by an agency or 

18 the public on a draft environmental impact state19 ment, the lead agency shall establish a comment pe20 riod of not more than 60 days after the date on 

21 which a notice announcing availability of the envi22 ronmental impact statement is published in the Fed23 eral Register, unless— 


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1 (A) the lead agency, the project sponsor, 

2 and each participating agency agree to a dif3 ferent deadline; or 

4 (B) the deadline is extended by the lead 

5 agency for good cause. 

6 (2) OTHER COMMENTS.—For all other comment 

7 periods for agency or public comments in the envi8 ronmental review process, the lead agency shall es9 tablish a comment period of not later than 30 days 

10 after the date on which the materials on which com11 ment is requested are made available, unless— 

12 (A) the lead agency, the project sponsor, 

13 and each participating agency agree to a dif14 ferent deadline; or 

15 (B) the lead agency modifies the deadline 

16 for good cause. 

17 (e) ISSUE IDENTIFICATION AND RESOLUTION.— 

18 (1) COOPERATION.—The lead agency and each 

19 participating agency shall work cooperatively in ac20 cordance with this section to identify and resolve 

21 issues that could delay completion of the environ22 mental review or could result in denial of any ap23 proval required for the project under applicable laws. 

24 (2) LEAD AGENCY RESPONSIBILITIES.— 


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1 (A) IN GENERAL.—The lead agency shall 

2 make information available to each partici3 pating agency as early as practicable in the en4 vironmental review regarding the environ5 mental, historic, and socioeconomic resources 

6 located within the project area and the general 

7 locations of the alternatives under consider8 ation. 

9 (B) SOURCES OF INFORMATION.—The in10 formation described in subparagraph (A) may 

11 be based on existing data sources, including ge12 ographic information systems mapping. 

13 (3) PARTICIPATING AGENCY RESPONSIBIL14 ITIES.—Based on information received from the lead 

15 agency under paragraph (2), each participating 

16 agency shall identify, as early as practicable, any 

17 issues of concern, including any issues that could 

18 substantially delay or prevent an agency from grant19 ing a permit or other approval needed for the 

20 project, regarding any potential environmental, his21 toric, or socioeconomic impacts of the project. 

22 (f) CATEGORIES OF PROJECTS.—The authorities 

23 granted under this section may be exercised for an indi24 vidual project or a category of projects. 


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1 SEC. 7. DELEGATED STATE PERMITTING PROGRAMS. 

2 If a Federal statute permits a State to be delegated 

3 or otherwise authorized by a Federal agency to issue or 

4 otherwise administer a permit program in lieu of the Fed5 eral agency, each member of the Council shall— 

6 (1) on publication by the Council of best prac7 tices under section 3(c)(2)(B), initiate a process, 

8 with public participation, to determine whether and 

9 the extent to which any of the best practices are ap10 plicable to permitting under the statute; and 

11 (2) not later than 2 years after the date of en12 actment of this Act, make recommendations for 

13 State modifications of the permit program to reflect 

14 the best practices described in section (3)(c)(2)(B), 

15 as appropriate. 

16 SEC. 8. LITIGATION, JUDICIAL REVIEW, AND SAVINGS PRO17 VISION. 

18 (a) LIMITATIONS ON CLAIMS.— 

19 (1) IN GENERAL.—Notwithstanding any other 

20 provision of law, a claim arising under Federal law 

21 seeking judicial review of any authorization issued 

22 by a Federal agency for a covered project shall be 

23 barred unless— 

24 (A) the action is filed not later than 150 

25 days after the date on which a notice is pub26 lished in the Federal Register that the authorVerDate Mar 15 2010 23:31 Aug 01, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1397.IS S1397

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1 ization is final pursuant to the law under which 

2 the agency action is taken, unless a shorter 

3 time is specified in the Federal law under which 

4 judicial review is allowed; and 

5 (B) in the case of an action pertaining to 

6 an environmental review conducted under 

7 NEPA— 

8 (i) the action is filed by a party that 

9 submitted a comment during the environ10 mental review on the issue on which the 

11 party seeks judicial review; and 

12 (ii) the comment was sufficiently de13 tailed to put the lead agency on notice of 

14 the issue on which the party seeks judicial 

15 review. 

16 (2) NEW INFORMATION.— 

17 (A) IN GENERAL.—The head of a lead 

18 agency or participating agency shall consider 

19 new information received after the close of a 

20 comment period if the information satisfies the 

21 requirements under regulations implementing 

22 NEPA. 

23 (B) SUPPLEMENTAL ENVIRONMENTAL IM24 PACT STATEMENT.—If the preparation of a 

25 supplemental environmental impact statement 


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1 is required, the preparation of the supplemental 

2 environmental impact statement shall be consid3 ered a separate final agency action and the 

4 deadline for filing a claim for judicial review of 

5 the agency action shall be 150 days after the 

6 date on which a notice announcing the agency 

7 action is published in the Federal Register. 

8 (3) RULE OF CONSTRUCTION.—Nothing in this 

9 subsection creates a right to judicial review or places 

10 any limit on filing a claim that a person has violated 

11 the terms of an authorization. 

12 (b) PRELIMINARY INJUNCTIVE RELIEF.—In addition 

13 to considering any other applicable equitable factors, in14 cluding the effects on public health, safety, and the envi15 ronment, in any action seeking a temporary restraining 

16 order or preliminary injunction against an agency or a 

17 project sponsor in connection with review or authorization 

18 of a covered project, the court shall— 

19 (1) consider the potential for significant job 

20 losses or other economic harm resulting from an 

21 order or injunction; and 

22 (2) not presume that the harms described in 

23 paragraph (1) are reparable. 

24 (c) JUDICIAL REVIEW.—Except as provided in sub25 section (a), nothing in this Act affects the reviewability 


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1 of any final Federal agency action in a court of the United 

2 States or in the court of any State. 

3 (d) SAVINGS CLAUSE.—Nothing in this Act— 

4 (1) supersedes, amends, or modifies NEPA or 

5 any other Federal environmental statute or affects 

6 the responsibility of any Federal officer to comply 

7 with or enforce any statute; or 

8 (2) creates a presumption that a covered 

9 project will be approved or favorably reviewed by any 

10 agency. 

11 (e) LIMITATIONS.—Nothing in this section preempts, 

12 limits, or interferes with— 

13 (1) any practice of seeking, considering, or re14 sponding to public comment; or 

15 (2) any power, jurisdiction, responsibility, or 

16 authority that a Federal, State, or local govern17 mental agency, metropolitan planning organization, 

18 Indian tribe, or project sponsor has with respect to 

19 carrying out a project or any other provisions of law 

20 applicable to any project, plan, or program. 

21 SEC. 9. REPORT TO CONGRESS. 

22 (a) IN GENERAL.—Not later than April 15 of each 

23 year, the Federal CPO shall submit to Congress a report 

24 detailing the progress accomplished under this Act during 

25 the previous fiscal year. 


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1 (b) CONTENTS.—The report described in subsection 

2 (a) shall assess the performance of each participating 

3 agency and lead agency based on the best practices de4 scribed in section 3(c)(2)(B). 

5 (c) OPPORTUNITY TO INCLUDE COMMENTS.—Each 

6 agency CPO shall have the opportunity to include com7 ments concerning the performance of the agency in the 

8 report described in subsection (a). 

9 SEC. 10. APPLICATION. 

10 This Act applies to any covered project for which an 

11 application or request for a Federal authorization is pend12 ing before a Federal agency 90 days after the date of en13 actment of this Act. 

Æ 


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