II 

Calendar No. 499 

116TH CONGRESS 

2D SESSION S. 1976 

[Report No. 116–241] 

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

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2019 

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

to the Committee on Homeland Security and Governmental Affairs 

JULY 29, 2020 

Reported by Mr. JOHNSON, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 Reform and Jobs Act’’. 


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1 SEC. 2. FEDERAL PERMITTING IMPROVEMENT. 

2 (a) DEFINITIONS.— 

3 (1) IN GENERAL.—Section 41001 of the FAST 

4 Act (42 U.S.C. 4370m) is amended— 

5 (A) in paragraph (4), by striking ‘‘means’’ 

6 and all that follows through the period at the 

7 end and inserting ‘‘has the meaning given the 

8 term in section 1508.5 of title 40, Code of Fed9 eral Regulations (as in effect on the date of en10 actment of the Federal Permitting Reform and 

11 Jobs Act).’’; 

12 (B) in paragraph (5), by striking ‘‘Federal 

13 Infrastructure Permitting Improvement Steer14 ing Council’’ and inserting ‘‘Federal Permitting 

15 Improvement Steering Council’’; and 

16 (C) in paragraph (6)— 

17 (i) in subparagraph (A), in the matter 

18 preceding clause (i), by inserting 

19 ‘‘projects’’ after ‘‘infrastructure’’; and 

20 (ii) by striking subparagraph (B) and 

21 inserting the following: 

22 ‘‘(B) TREATMENT.—Section 553 of title 5, 

23 United States Code, shall not apply to a major24 ity vote described in subparagraph (A).’’. 


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1 (b) FEDERAL PERMITTING IMPROVEMENT COUN2 CIL.—Section 41002 of the FAST Act (42 U.S.C. 4370m– 

3 1) is amended— 

4 (1) in subsection (b)(2)(A)(i)— 

5 (A) by striking ‘‘Each’’ and inserting the 

6 following: 

7 ‘‘(I) IN GENERAL.—Each’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(II) REDESIGNATION.—If an in10 dividual listed in subparagraph (B) 

11 designates a different member to 

12 serve on the Council than the member 

13 designated under subclause (I), the 

14 individual shall notify the Executive 

15 Director of the designation by not 

16 later than 30 days after the date on 

17 which the designation is made.’’; 

18 (2) in subsection (c)— 

19 (A) in paragraph (2)— 

20 (i) in subparagraph (B)— 

21 (I) in the matter preceding clause 

22 (i), by striking ‘‘later than’’ and all 

23 that follows through ‘‘practices for’’ 

24 and inserting ‘‘less frequently than 

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1 ommendations on the best practices 

2 for improving the Federal permitting 

3 process for covered projects, which 

4 may include’’; 

5 (II) in clause (vii), by striking 

6 ‘‘and’’ at the end; 

7 (III) by redesignating clause 

8 (viii) as clause (ix); and 

9 (IV) by inserting after clause 

10 (vii) the following: 

11 ‘‘(viii) in coordination with the Execu12 tive Director, improving preliminary en13 gagement with project sponsors in devel14 oping coordinated project plans; and’’; 

15 (ii) by redesignating subparagraph 

16 (C) as subparagraph (D); and 

17 (iii) by inserting after subparagraph 

18 (B) the following: 

19 ‘‘(C) NOTIFICATION.—The Executive Di20 rector shall notify the Committees on Homeland 

21 Security and Governmental Affairs and Envi22 ronment and Public Works of the Senate and 

23 the Committees on Energy and Commerce and 

24 Transportation and Infrastructure of the House 

25 of Representatives if any agency fails to reasonVerDate Sep 11 2014 23:25 Jul 29, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1976.RS S1976

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1 ably implement the recommended best prac2 tices.’’; and 

3 (B) in paragraph (3)(A), by inserting ‘‘, 

4 including agency compliance with interim and 

5 final completion dates described in coordinated 

6 project plans’’ after ‘‘authorizations’’; and 

7 (3) in subsection (d)— 

8 (A) by striking ‘‘The Director’’ and insert9 ing the following: 

10 ‘‘(1) IN GENERAL.—The Director’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(2) SAVINGS PROVISION.—The designated 

13 agency under paragraph (1) shall not— 

14 ‘‘(A) participate in policy decisions or sub15 stantive management of the Council; or 

16 ‘‘(B) require the Executive Director or the 

17 Council to comply with agency policies in car18 rying out the duties of the Executive Director 

19 or the Council, as applicable.’’. 

20 (c) PERMITTING PROCESS IMPROVEMENT.—Section 

21 41003 of the FAST Act (42 U.S.C. 4370m–2) is amend22 ed— 

23 (1) in subsection (a)(3)(A), in the matter pre24 ceding clause (i), by inserting ‘‘and the Executive 

25 Director’’ after ‘‘as applicable,’’; 


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1 (2) in subsection (b)(2)— 

2 (A) by striking ‘‘14 days’’ each place it ap3 pears and inserting ‘‘14 business days’’; and 

4 (B) in subparagraph (A)(ii), by inserting 

5 ‘‘completed’’ before ‘‘notice’’; 

6 (3) in subsection (c)— 

7 (A) in paragraph (1)— 

8 (i) in subparagraph (A), by inserting 

9 ‘‘in coordination with the Executive Direc10 tor and’’ after ‘‘as applicable,’’; and 

11 (ii) in subparagraph (B), by adding at 

12 the end the following: 

13 ‘‘(v) A checklist— 

14 ‘‘(I) to help project sponsors 

15 identify potential natural, cultural, 

16 and historic resources in the area of 

17 the project; and 

18 ‘‘(II) the purposes of which are— 

19 ‘‘(aa) to identify agencies 

20 and organizations that can pro21 vide information about natural, 

22 cultural, and historic resources; 

23 and 


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1 ‘‘(bb) to develop the infor2 mation needed to determine the 

3 range of alternatives. 

4 ‘‘(vi) In the case of a tiered project 

5 review, a description of the relationship be6 tween any applicable programmatic anal7 ysis and the planned tiered environmental 

8 review.’’; and 

9 (B) in paragraph (2)— 

10 (i) in subparagraph (A)— 

11 (I) by striking ‘‘As part of the 

12 coordination project plan’’ and insert13 ing the following: 

14 ‘‘(i) IN GENERAL.—In accordance 

15 with clause (ii) and as part of the coordi16 nated project plan’’; and 

17 (II) by adding at the end the fol18 lowing: 

19 ‘‘(ii) GOAL.— 

20 ‘‘(I) IN GENERAL.—The permit21 ting timetable established under 

22 clause (i) shall provide for the comple23 tion of the permitting process within 2 

24 years. 


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1 ‘‘(II) EXCEPTION.—If the facili2 tating agency or lead agency, as appli3 cable, determines that the permitting 

4 process cannot be completed within 2 

5 years, the coordinated project plan 

6 under paragraph (1) shall include— 

7 ‘‘(aa) the specific reasons 

8 why the facilitating agency or 

9 lead agency, as applicable, antici10 pates that the permitting process 

11 will take longer than 2 years; and 

12 ‘‘(bb) the specific efforts 

13 that the facilitating agency or 

14 lead agency, as applicable, each 

15 coordinating and participating 

16 agency, the project sponsor, and 

17 any State in which the project is 

18 located will take to reduce the 

19 time needed to complete the per20 mitting process.’’; 

21 (ii) in subparagraph (D)(i)— 

22 (I) by redesignating subclauses 

23 (I) through (III) as subclauses (II) 

24 through (IV), respectively; 


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1 (II) by inserting before subclause 

2 (II) (as so redesignated) the following: 

3 ‘‘(I) the facilitating or lead agen4 cy, as applicable, consults with the 

5 Executive Director regarding the po6 tential modification not less than 15 

7 days before engaging in the consulta8 tion under subclause (II);’’; and 

9 (III) in subclause (II) (as so re10 designated), by inserting ‘‘, the Exec11 utive Director,’’ after ‘‘participating 

12 agencies’’; and 

13 (iii) in subparagraph (F)— 

14 (I) in clause (i)— 

15 (aa) by inserting ‘‘interim 

16 and final’’ before ‘‘completion 

17 dates’’; and 

18 (bb) by inserting ‘‘interim or 

19 final’’ before ‘‘completion date’’; 

20 and 

21 (II) in clause (ii)— 

22 (aa) in the matter preceding 

23 subclause (I), by striking ‘‘a com24 pletion date for agency action on 

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1 cant risk of failing to conform 

2 with’’ and inserting ‘‘an interim 

3 or final completion date for agen4 cy action on a covered project or 

5 reasonably believes the agency 

6 will fail to conform with a com7 pletion date 30 days before’’; and 

8 (bb) in subclause (I), by 

9 striking ‘‘significantly risking 

10 failing to conform’’ and inserting 

11 ‘‘reasonably believing the agency 

12 will fail to conform’’; 

13 (4) in subsection (d)— 

14 (A) by redesignating paragraphs (1) 

15 through (3) as subparagraphs (A) through (C), 

16 respectively, and indenting appropriately; and 

17 (B) by striking the matter preceding sub18 paragraph (A) (as so redesignated) and insert19 ing the following: 

20 ‘‘(1) IN GENERAL.—The facilitating or lead 

21 agency, as applicable, shall provide an expeditious 

22 process for potential or current project sponsors to 

23 confer with each potential and identified cooperating 

24 and participating agency involved. 


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1 ‘‘(2) PROVISION OF INFORMATION.—Not later 

2 than 60 days after the date on which the potential 

3 or current project sponsor submits a request under 

4 this subsection, each agency that received such a re5 quest shall provide to the project sponsor informa6 tion concerning—’’; and 

7 (5) by striking subsection (f) and inserting the 

8 following: 

9 ‘‘(f) FACILITATION OF ENVIRONMENTAL REVIEW

10 AND AUTHORIZATION PROCESS OF ADDITIONAL

11 PROJECTS.— 

12 ‘‘(1) IN GENERAL.—In the case of a project 

13 that is not a covered project, on the request of an 

14 individual described in section 41002(b)(2)(B) or the 

15 project sponsor, the Executive Director may work 

16 with the lead agency and any cooperating or partici17 pating agency to facilitate the environmental review 

18 and authorization process in accordance with this 

19 subsection, including by— 

20 ‘‘(A) mediating and resolving disputes; 

21 ‘‘(B) promoting early coordination among 

22 the agencies; and 

23 ‘‘(C) taking such actions as may be estab24 lished pursuant to paragraph (2). 


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1 ‘‘(2) ESTABLISHMENT OF POLICIES.—The Ex2 ecutive Director, in consultation with the Director of 

3 the Office of Management and Budget and the Chair 

4 of the Council on Environmental Quality, may estab5 lish policies and procedures as appropriate to carry 

6 out the facilitation under paragraph (1). 

7 ‘‘(3) COOPERATION REQUIRED.—If the Execu8 tive Director is facilitating the environmental review 

9 and authorization process under paragraph (1), the 

10 lead agency and any cooperating or participating 

11 agency shall cooperate with the Executive Director 

12 to the maximum extent practicable. 

13 ‘‘(4) SAVINGS PROVISION.—Facilitation of a 

14 project by the Executive Director under paragraph 

15 (1) shall not subject the project to any provisions 

16 under this title, other than as provided in this sub17 section.’’. 

18 (d) COORDINATION OF REQUIRED REVIEWS.—Sec19 tion 41005(b) of the FAST Act (42 U.S.C. 4370m–4(b)) 

20 is amended— 

21 (1) by striking ‘‘(1) STATE ENVIRONMENTAL

22 DOCUMENTS; SUPPLEMENTAL DOCUMENTS.—’’; 

23 (2) by redesignating subparagraphs (A) through 

24 (E) as paragraphs (1) through (5), respectively, and 

25 indenting appropriately; 


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1 (3) in paragraph (1) (as so redesignated), by 

2 redesignating clauses (i) and (ii) as subparagraphs 

3 (A) and (B), respectively, and indenting appro4 priately; 

5 (4) in paragraph (2) (as so redesignated), by 

6 striking ‘‘subparagraph (A)’’ each place it appears 

7 and inserting ‘‘paragraph (1)’’; 

8 (5) in paragraph (3) (as so redesignated)— 

9 (A) in the matter preceding clause (i), by 

10 striking ‘‘subparagraph (A)’’ and inserting 

11 ‘‘paragraph (1)’’; and 

12 (B) by redesignating clauses (i) and (ii) as 

13 subparagraphs (A) and (B), respectively, and 

14 indenting appropriately; 

15 (6) in paragraph (4) (as so redesignated)— 

16 (A) in the matter preceding clause (i), by 

17 striking ‘‘subparagraph (C)’’ and inserting 

18 ‘‘paragraph (3)’’; and 

19 (B) by redesignating clauses (i) and (ii) as 

20 subparagraphs (A) and (B), respectively, and 

21 indenting appropriately; and 

22 (7) in paragraph (5) (as so redesignated)— 

23 (A) by striking ‘‘subparagraph (A)’’ and 

24 inserting ‘‘paragraph (1)’’; and 


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1 (B) by striking ‘‘subparagraph (C)’’ and 

2 inserting ‘‘paragraph (3)’’. 

3 (e) LITIGATION, JUDICIAL REVIEW, AND SAVINGS

4 PROVISION.—Section 41007 of the FAST Act (42 U.S.C. 

5 4370m–6) is amended— 

6 (1) in subsection (a)(1)— 

7 (A) in subparagraph (A)— 

8 (i) by striking ‘‘the action’’ and in9 serting ‘‘the claim’’; and 

10 (ii) by striking ‘‘of the final record of 

11 decision or approval or denial of a permit’’ 

12 and inserting ‘‘of notice of final agency ac13 tion on the authorization’’; and 

14 (B) in subparagraph (B)(i), by striking 

15 ‘‘the action’’ and inserting ‘‘the claim’’; and 

16 (2) in subsection (e), in the matter preceding 

17 paragraph (1), by striking ‘‘this section’’ and insert18 ing ‘‘this title’’. 

19 (f) REPORTS.—Section 41008 of the FAST Act (42 

20 U.S.C. 4370m–7) is amended— 

21 (1) in subsection (a)(2)— 

22 (A) in the matter preceding subparagraph 

23 (A), by striking ‘‘based on’’ and all that follows 

24 through ‘‘including’’ and inserting ‘‘, includ25 ing’’; 


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1 (B) in subparagraph (A), by striking 

2 ‘‘those best practices’’ and inserting ‘‘the best 

3 practices described in section 41002(c)(2)(B)’’; 

4 (C) in subparagraph (B), by striking the 

5 period at the end and inserting ‘‘; and’’; and 

6 (D) by adding at the end the following: 

7 ‘‘(C) agency compliance with sections 

8 41003 through 41006.’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(c) FERC REPORT.— 

11 ‘‘(1) IN GENERAL.—Not later than 90 days 

12 after the date of enactment of the Federal Permit13 ting Reform and Jobs Act, the Federal Energy Reg14 ulatory Commission shall submit to the Committees 

15 on Homeland Security and Governmental Affairs 

16 and Environment and Public Works of the Senate 

17 and the Committees on Energy and Commerce and 

18 Transportation and Infrastructure of the House of 

19 Representatives a report that includes recommenda20 tions on ways to reconcile regulations of the Federal 

21 Energy Regulatory Commission with requirements 

22 under this title. 

23 ‘‘(2) REVIEW.—In the first report under sub24 section (a) that is submitted after the date on which 

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1 ecutive Director shall include a review of the rec2 ommendations in the report under that paragraph.’’. 

3 (g) FUNDING FOR GOVERNANCE, OVERSIGHT, AND

4 PROCESSING OF ENVIRONMENTAL REVIEWS AND PER5 MITS.—Section 41009 of the FAST Act (42 U.S.C. 

6 4370m–8) is amended— 

7 (1) by striking subsection (a) and inserting the 

8 following: 

9 ‘‘(a) IN GENERAL.—For the purpose of carrying out 

10 this title, the Executive Director, in consultation with the 

11 heads of the agencies listed in section 41002(b)(2)(B) and 

12 with the guidance of the Director of the Office of Manage13 ment and Budget, may, after public notice and oppor14 tunity for comment, issue regulations establishing a fee 

15 structure for sponsors of covered projects to reimburse the 

16 United States for reasonable costs incurred in conducting 

17 environmental reviews and authorizations for covered 

18 projects.’’; 

19 (2) in subsection (b), by striking ‘‘and 41003’’ 

20 and inserting ‘‘through 41008’’; and 

21 (3) by striking subsection (d)(3) and inserting 

22 the following: 

23 ‘‘(3) TRANSFER.—For the purpose of carrying 

24 out this title, the Executive Director, with the ap25 proval of the Director of the Office of Management 


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1 and Budget, may transfer amounts in the Fund to 

2 other Federal, State, Tribal, and local governments 

3 to facilitate timely and efficient environmental re4 views and authorizations for proposed covered 

5 projects and other projects under this title, including 

6 direct reimbursement agreements with agency 

7 CERPOs, reimbursable agreements, and approval 

8 and consultation processes and staff for covered 

9 projects.’’. 

10 (h) SUNSET.—Section 41013 of the FAST Act (42 

11 U.S.C. 4370m–12) is repealed. 

12 (i) REPEAL OF CERTAIN EXCLUSIONS.—Section 

13 11503(b) of the FAST Act (42 U.S.C. 4370m note; Public 

14 Law 114–94) is repealed. 

15 (j) TECHNICAL CORRECTION.—Section 

16 41002(b)(2)(A)(ii) of the FAST Act (42 U.S.C. 4370m– 

17 1(b)(2)(A)(ii)) is amended by striking ‘‘councilmem-ber’’ 

18 and inserting ‘‘councilmember’’. 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘Federal Permitting Re21 form and Jobs Act’’. 

22 SEC. 2. FEDERAL PERMITTING IMPROVEMENT. 

23 (a) DEFINITIONS.— 

24 (1) IN GENERAL.—Section 41001 of the FAST 

25 Act (42 U.S.C. 4370m) is amended— 


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1 (A) in paragraph (4), by striking ‘‘means’’ 

2 and all that follows through the period at the end 

3 and inserting ‘‘has the meaning given the term 

4 in section 1508.5 of title 40, Code of Federal 

5 Regulations (as in effect on the date of enact6 ment of the Federal Permitting Reform and Jobs 

7 Act).’’; 

8 (B) in paragraph (5), by striking ‘‘Federal 

9 Infrastructure Permitting Improvement Steering 

10 Council’’ and inserting ‘‘Federal Permitting Im11 provement Steering Council’’; and 

12 (C) in paragraph (6)— 

13 (i) in subparagraph (A)— 

14 (I) in the matter preceding clause 

15 (i), by inserting ‘‘projects’’ after ‘‘in16 frastructure’’; and 

17 (II) in clause (i)— 

18 (aa) in subclause (I), by in19 serting ‘‘and’’ at the end; 

20 (bb) in subclause (II), by 

21 striking ‘‘and’’ at the end and in22 serting ‘‘or’’; and 

23 (cc) by striking subclause 

24 (III); and 


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1 (ii) by striking subparagraph (B) and 

2 inserting the following: 

3 ‘‘(B) TREATMENT.—Section 553 of title 5, 

4 United States Code, shall not apply to a major5 ity vote described in subparagraph (A).’’. 

6 (b) FEDERAL PERMITTING IMPROVEMENT COUNCIL.— 

7 Section 41002 of the FAST Act (42 U.S.C. 4370m–1) is 

8 amended— 

9 (1) in subsection (b)(2)(A)(i)— 

10 (A) by striking ‘‘Each’’ and inserting the 

11 following: 

12 ‘‘(I) IN GENERAL.—Each’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(II) REDESIGNATION.—If an in15 dividual listed in subparagraph (B) 

16 designates a different member to serve 

17 on the Council than the member des18 ignated under subclause (I), the indi19 vidual shall notify the Executive Direc20 tor of the designation by not later than 

21 30 days after the date on which the 

22 designation is made.’’; 

23 (2) in subsection (c)— 

24 (A) in paragraph (2)— 

25 (i) in subparagraph (B)— 


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1 (I) in the matter preceding clause 

2 (i), by striking ‘‘later than’’ and all 

3 that follows through ‘‘practices for’’ 

4 and inserting ‘‘less frequently than an5 nually, the Council shall issue rec6 ommendations on the best practices for 

7 improving the Federal permitting 

8 process for covered projects, which may 

9 include’’; 

10 (II) in clause (vii), by striking 

11 ‘‘and’’ at the end; 

12 (III) by redesignating clause 

13 (viii) as clause (ix); and 

14 (IV) by inserting after clause (vii) 

15 the following: 

16 ‘‘(viii) in coordination with the Execu17 tive Director, improving preliminary en18 gagement with project sponsors in devel19 oping coordinated project plans; and’’; 

20 (ii) by redesignating subparagraph (C) 

21 as subparagraph (D); and 

22 (iii) by inserting after subparagraph 

23 (B) the following: 

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1 curity and Governmental Affairs and Environ2 ment and Public Works of the Senate and the 

3 Committees on Energy and Commerce and 

4 Transportation and Infrastructure of the House 

5 of Representatives if any agency fails to reason6 ably implement the recommended best prac7 tices.’’; and 

8 (B) in paragraph (3)(A), by inserting ‘‘, in9 cluding agency compliance with interim and 

10 final completion dates described in coordinated 

11 project plans’’ after ‘‘authorizations’’; and 

12 (3) in subsection (d)— 

13 (A) by striking ‘‘The Director’’ and insert14 ing the following: 

15 ‘‘(1) IN GENERAL.—The Director’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(2) SAVINGS PROVISION.—The designated agen18 cy under paragraph (1) shall not— 

19 ‘‘(A) participate in policy decisions or sub20 stantive management of the Council; or 

21 ‘‘(B) require the Executive Director or the 

22 Council to comply with agency policies in car23 rying out the duties of the Executive Director or 

24 the Council, as applicable.’’. 


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1 (c) PERMITTING PROCESS IMPROVEMENT.—Section 

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

3 (1) in subsection (a)(3)(A), in the matter pre4 ceding clause (i), by inserting ‘‘and the Executive Di5 rector’’ after ‘‘as applicable,’’; 

6 (2) in subsection (b)(2)— 

7 (A) by striking ‘‘14 days’’ each place it ap8 pears and inserting ‘‘14 business days’’; and 

9 (B) in subparagraph (A)(ii), by inserting 

10 ‘‘completed’’ before ‘‘notice’’; 

11 (3) in subsection (c)— 

12 (A) in paragraph (1)— 

13 (i) in subparagraph (A), by inserting 

14 ‘‘in coordination with the Executive Direc15 tor and’’ after ‘‘as applicable,’’; and 

16 (ii) in subparagraph (B), by adding at 

17 the end the following: 

18 ‘‘(v) A checklist— 

19 ‘‘(I) to help project sponsors iden20 tify potential natural, cultural, and 

21 historic resources in the area of the 

22 project; 

23 ‘‘(II) to ensure that the project 

24 sponsor consults with any federally 

25 recognized Indian tribe that attaches 


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1 religious or cultural significance to 

2 land affected by a covered project; and 

3 ‘‘(III) the purposes of which are— 

4 ‘‘(aa) to identify agencies 

5 and organizations that can pro6 vide information about natural, 

7 cultural, and historic resources; 

8 and 

9 ‘‘(bb) to develop the informa10 tion needed to determine the range 

11 of alternatives. 

12 ‘‘(vi) In the case of a tiered project re13 view, a description of the relationship be14 tween any applicable programmatic anal15 ysis and the planned tiered environmental 

16 review.’’; and 

17 (B) in paragraph (2)— 

18 (i) in subparagraph (A)— 

19 (I) by striking ‘‘As part of the co20 ordination project plan’’ and inserting 

21 the following: 

22 ‘‘(i) IN GENERAL.—In accordance with 

23 clause (ii) and as part of the coordinated 

24 project plan’’; and 


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1 (II) by adding at the end the fol2 lowing: 

3 ‘‘(ii) GOAL.— 

4 ‘‘(I) IN GENERAL.—The permit5 ting timetable established under clause 

6 (i) shall provide for the completion of 

7 the permitting process within 2 years. 

8 ‘‘(II) EXCEPTION.—If the facili9 tating agency or lead agency, as appli10 cable, determines that the permitting 

11 process cannot be completed within 2 

12 years, the coordinated project plan 

13 under paragraph (1) shall include— 

14 ‘‘(aa) the specific reasons 

15 why the facilitating agency or 

16 lead agency, as applicable, antici17 pates that the permitting process 

18 will take longer than 2 years; and 

19 ‘‘(bb) the specific efforts that 

20 the facilitating agency or lead 

21 agency, as applicable, each coordi22 nating and participating agency, 

23 the project sponsor, and any State 

24 in which the project is located will 


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1 take to reduce the time needed to 

2 complete the permitting process.’’; 

3 (ii) in subparagraph (D)(i)— 

4 (I) by redesignating subclauses (I) 

5 through (III) as subclauses (II) 

6 through (IV), respectively; 

7 (II) by inserting before subclause 

8 (II) (as so redesignated) the following: 

9 ‘‘(I) the facilitating or lead agen10 cy, as applicable, consults with the Ex11 ecutive Director regarding the poten12 tial modification not less than 15 days 

13 before engaging in the consultation 

14 under subclause (II);’’; and 

15 (III) in subclause (II) (as so re16 designated), by inserting ‘‘, the Execu17 tive Director,’’ after ‘‘participating 

18 agencies’’; and 

19 (iii) in subparagraph (F)— 

20 (I) in clause (i)— 

21 (aa) by inserting ‘‘interim 

22 and final’’ before ‘‘completion 

23 dates’’; and 


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1 (bb) by inserting ‘‘interim or 

2 final’’ before ‘‘completion date’’; 

3 and 

4 (II) in clause (ii)— 

5 (aa) in the matter preceding 

6 subclause (I), by striking ‘‘a com7 pletion date for agency action on 

8 a covered project or is at signifi9 cant risk of failing to conform 

10 with’’ and inserting ‘‘an interim 

11 or final completion date for agen12 cy action on a covered project or 

13 reasonably believes the agency will 

14 fail to conform with a completion 

15 date 30 days before’’; and 

16 (bb) in subclause (I), by 

17 striking ‘‘significantly risking 

18 failing to conform’’ and inserting 

19 ‘‘reasonably believing the agency 

20 will fail to conform’’; 

21 (4) in subsection (d)— 

22 (A) by redesignating paragraphs (1) 

23 through (3) as subparagraphs (A) through (C), 

24 respectively, and indenting appropriately; and 


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1 (B) by striking the matter preceding sub2 paragraph (A) (as so redesignated) and inserting 

3 the following: 

4 ‘‘(1) IN GENERAL.—The facilitating or lead 

5 agency, as applicable, shall provide an expeditious 

6 process for potential or current project sponsors to 

7 confer with each potential and identified cooperating 

8 and participating agency involved. 

9 ‘‘(2) PROVISION OF INFORMATION.—Not later 

10 than 60 days after the date on which the potential or 

11 current project sponsor submits a request under this 

12 subsection, each agency that received such a request 

13 shall provide to the project sponsor information con14 cerning—’’; and 

15 (5) by striking subsection (f) and inserting the 

16 following: 

17 ‘‘(f) FACILITATION OF ENVIRONMENTAL REVIEW AND

18 AUTHORIZATION PROCESS OF ADDITIONAL PROJECTS.— 

19 ‘‘(1) IN GENERAL.—In the case of a project that 

20 is not a covered project, on the request of an indi21 vidual described in section 41002(b)(2)(B) or the 

22 project sponsor, the Executive Director may work 

23 with the lead agency and any cooperating or partici24 pating agency to facilitate the environmental review 


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1 and authorization process in accordance with this 

2 subsection, including by— 

3 ‘‘(A) mediating and resolving disputes; 

4 ‘‘(B) promoting early coordination among 

5 the agencies; and 

6 ‘‘(C) taking such actions as may be estab7 lished pursuant to paragraph (2). 

8 ‘‘(2) ESTABLISHMENT OF POLICIES.—The Execu9 tive Director, in consultation with the Director of the 

10 Office of Management and Budget and the Chair of 

11 the Council on Environmental Quality, may establish 

12 policies and procedures as appropriate to carry out 

13 the facilitation under paragraph (1). 

14 ‘‘(3) COOPERATION REQUIRED.—If the Executive 

15 Director is facilitating the environmental review and 

16 authorization process under paragraph (1), the lead 

17 agency and any cooperating or participating agency 

18 shall cooperate with the Executive Director to the 

19 maximum extent practicable. 

20 ‘‘(4) SAVINGS PROVISION.—Facilitation of a 

21 project by the Executive Director under paragraph 

22 (1) shall not subject the project to any provisions 

23 under this title, other than as provided in this sub24 section.’’. 


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1 (d) COORDINATION OF REQUIRED REVIEWS.—Section 

2 41005(b) of the FAST Act (42 U.S.C. 4370m–4(b)) is 

3 amended— 

4 (1) by striking ‘‘(1) STATE ENVIRONMENTAL

5 DOCUMENTS; SUPPLEMENTAL DOCUMENTS.—’’; 

6 (2) by redesignating subparagraphs (A) through 

7 (E) as paragraphs (1) through (5), respectively, and 

8 indenting appropriately; 

9 (3) in paragraph (1) (as so redesignated), by re10 designating clauses (i) and (ii) as subparagraphs (A) 

11 and (B), respectively, and indenting appropriately; 

12 (4) in paragraph (2) (as so redesignated), by 

13 striking ‘‘subparagraph (A)’’ each place it appears 

14 and inserting ‘‘paragraph (1)’’; 

15 (5) in paragraph (3) (as so redesignated)— 

16 (A) in the matter preceding clause (i), by 

17 striking ‘‘subparagraph (A)’’ and inserting 

18 ‘‘paragraph (1)’’; and 

19 (B) by redesignating clauses (i) and (ii) as 

20 subparagraphs (A) and (B), respectively, and in21 denting appropriately; 

22 (6) in paragraph (4) (as so redesignated)— 

23 (A) in the matter preceding clause (i), by 

24 striking ‘‘subparagraph (C)’’ and inserting 

25 ‘‘paragraph (3)’’; and 


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1 (B) by redesignating clauses (i) and (ii) as 

2 subparagraphs (A) and (B), respectively, and in3 denting appropriately; and 

4 (7) in paragraph (5) (as so redesignated)— 

5 (A) by striking ‘‘subparagraph (A)’’ and in6 serting ‘‘paragraph (1)’’; and 

7 (B) by striking ‘‘subparagraph (C)’’ and in8 serting ‘‘paragraph (3)’’. 

9 (e) LITIGATION, JUDICIAL REVIEW, AND SAVINGS PRO10 VISION.—Section 41007 of the FAST Act (42 U.S.C. 

11 4370m–6) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1)— 

14 (i) in the matter preceding subpara15 graph (A), by inserting ‘‘except as provided 

16 in paragraph (4),’’ after ‘‘provision of 

17 law,’’; 

18 (ii) in subparagraph (A)— 

19 (I) by striking ‘‘the action’’ and 

20 inserting ‘‘the claim’’; and 

21 (II) by striking ‘‘of the final 

22 record of decision or approval or de23 nial of a permit’’ and inserting ‘‘of no24 tice of final agency action on the au25 thorization’’; and 


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1 (iii) in subparagraph (B)(i), by strik2 ing ‘‘the action’’ and inserting ‘‘the claim’’; 

3 and 

4 (B) by adding at the end the following: 

5 ‘‘(4) SPECIAL RULE FOR CERTAIN PROJECTS.— 

6 Notwithstanding paragraphs (1) and (2), in the case 

7 of a covered project that is subject to section 139 of 

8 title 23, United States Code, the time limits under 

9 subsection (l) of that section shall apply to the covered 

10 project in lieu of the time limits under paragraphs 

11 (1) and (2).’’; and 

12 (2) in subsection (e), in the matter preceding 

13 paragraph (1), by striking ‘‘this section’’ and insert14 ing ‘‘this title’’. 

15 (f) REPORTS.—Section 41008 of the FAST Act (42 

16 U.S.C. 4370m–7) is amended— 

17 (1) in subsection (a)(2)— 

18 (A) in the matter preceding subparagraph 

19 (A), by striking ‘‘based on’’ and all that follows 

20 through ‘‘including’’ and inserting ‘‘, including’’; 

21 (B) in subparagraph (A), by striking ‘‘those 

22 best practices’’ and inserting ‘‘the best practices 

23 described in section 41002(c)(2)(B)’’; 

24 (C) in subparagraph (B), by striking the 

25 period at the end and inserting ‘‘; and’’; and 


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1 (D) by adding at the end the following: 

2 ‘‘(C) agency compliance with sections 41003 

3 through 41006.’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(c) FERC REPORT.— 

6 ‘‘(1) IN GENERAL.—Not later than 90 days after 

7 the date of enactment of the Federal Permitting Re8 form and Jobs Act, the Federal Energy Regulatory 

9 Commission shall submit to the Committees on Home10 land Security and Governmental Affairs and Envi11 ronment and Public Works of the Senate and the 

12 Committees on Energy and Commerce and Transpor13 tation and Infrastructure of the House of Representa14 tives a report that includes recommendations on ways 

15 to reconcile regulations of the Federal Energy Regu16 latory Commission with requirements under this title. 

17 ‘‘(2) REVIEW.—In the first report under sub18 section (a) that is submitted after the date on which 

19 the report under paragraph (1) is submitted, the Ex20 ecutive Director shall include a review of the rec21 ommendations in the report under that paragraph.’’. 

22 (g) FUNDING FOR GOVERNANCE, OVERSIGHT, AND

23 PROCESSING OF ENVIRONMENTAL REVIEWS AND PER24 MITS.—Section 41009 of the FAST Act (42 U.S.C. 4370m– 

25 8) is amended— 


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1 (1) by striking subsection (a) and inserting the 

2 following: 

3 ‘‘(a) IN GENERAL.—For the purpose of carrying out 

4 this title, the Executive Director, in consultation with the 

5 heads of the agencies listed in section 41002(b)(2)(B) and 

6 with the guidance of the Director of the Office of Manage7 ment and Budget, may, after public notice and opportunity 

8 for comment, issue regulations establishing a fee structure 

9 for sponsors of covered projects to reimburse the United 

10 States for reasonable costs incurred in conducting environ11 mental reviews and authorizations for covered projects.’’; 

12 (2) in subsection (b), by striking ‘‘and 41003’’ 

13 and inserting ‘‘through 41008’’; and 

14 (3) by striking subsection (d)(3) and inserting 

15 the following: 

16 ‘‘(3) TRANSFER.—For the purpose of carrying 

17 out this title, the Executive Director, with the ap18 proval of the Director of the Office of Management 

19 and Budget, may transfer amounts in the Fund to 

20 other Federal, State, Tribal, and local governments to 

21 facilitate timely and efficient environmental reviews 

22 and authorizations for proposed covered projects and 

23 other projects under this title, including direct reim24 bursement agreements with agency CERPOs, reimVerDate Sep 11 2014 23:25 Jul 29, 2020 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\S1976.RS S1976

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1 bursable agreements, and approval and consultation 

2 processes and staff for covered projects.’’. 

3 (h) SUNSET.—Section 41013 of the FAST Act (42 

4 U.S.C. 4370m–12) is repealed. 

5 (i) REPEAL OF CERTAIN EXCLUSIONS.—Section 

6 11503(b) of the FAST Act (42 U.S.C. 4370m note; Public 

7 Law 114–94) is repealed. 

8 (j) TECHNICAL CORRECTION.—Section 

9 41002(b)(2)(A)(ii) of the FAST Act (42 U.S.C. 4370m– 

10 1(b)(2)(A)(ii)) is amended by striking ‘‘councilmem-ber’’ 

11 and inserting ‘‘councilmember’’. 


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Calendar No. 499 

116TH CONGRESS 

2D SESSION S. 1976 

[Report No. 116–241] 

A BILL 

To amend the FAST Act to improve the Federal 

permitting process, and for other purposes. 

JULY 29, 2020 

Reported with an amendment 


pamtmann on DSKBC07HB2PROD with BILLS