I 
115TH CONGRESS 
2D SESSION 
H. R. 7389 
To amend the FAST Act to improve the Federal permitting process, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 21, 2018 
Mr. MARINO introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To amend the FAST Act to improve the Federal permitting 
process, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Permitting 
Reform and Jobs Act’’. 
SEC. 2. FEDERAL PERMITTING IMPROVEMENT. 
(a) DEFINITIONS.— 
(1) IN GENERAL.—Section 41001 of the FAST 
Act (42 U.S.C. 4370m) is amended— 
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(A) in paragraph (4), by striking ‘‘means’’ 
and all that follows through the period at the 
end and inserting ‘‘has the meaning given the 
term in section 1508.5 of title 40, Code of Fed-
eral Regulations (as in effect on the date of en-
actment of the Federal Permitting Reform and 
Jobs Act).’’; 
(B) in paragraph (5), by striking ‘‘Federal 
Infrastructure Permitting Improvement Steer-
ing Council’’ and inserting ‘‘Federal Permitting 
Improvement Steering Council’’; and 
(C) in paragraph (6)— 
(i) in subparagraph (A), in the matter 
preceding 
clause 
(i), 
by 
inserting 
‘‘projects’’ after ‘‘infrastructure’’; 
(ii) by striking subparagraph (B); 
(iii) by striking the paragraph des-
ignation and heading and all that follows 
through ‘‘The term’’ in subparagraph (A) 
in the matter preceding clause (i) and in-
serting the following: 
‘‘(6) COVERED PROJECT.—The term’’; 
(iv) in clause (i), by striking ‘‘(i)(I) is 
subject to NEPA;’’ and inserting the fol-
lowing: 
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‘‘(A)(i) is subject to NEPA;’’; 
(v) by redesignating clause (ii) as sub-
paragraph 
(B) 
and 
indenting 
appro-
priately; 
(vi) in subparagraph (A) (as so redes-
ignated), by redesignating subclauses (II) 
and (III) as clauses (ii) and (iii), respec-
tively, and indenting appropriately; and 
(vii) in subparagraph (B) (as so re-
designated), by redesignating subclauses 
(I) and (II) as clauses (i) and (ii), respec-
tively, and indenting appropriately. 
(b) PERMITTING PROCESS IMPROVEMENT.—Section 
41003 of the FAST Act (42 U.S.C. 4370m–2) is amend-
ed— 
(1) in subsection (a)(3)(A), in the matter pre-
ceding clause (i), by inserting ‘‘and the Executive 
Director’’ after ‘‘as applicable,’’; 
(2) in subsection (b)(2)— 
(A) by striking ‘‘14 days’’ each place it ap-
pears and inserting ‘‘14 business days’’; and 
(B) in subparagraph (A)(ii), by inserting 
‘‘completed’’ before ‘‘notice’’; 
(3) in subsection (c)— 
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(A) in paragraph (1)(B), by adding at the 
end the following: 
‘‘(v) A checklist— 
‘‘(I) to help project sponsors 
identify potential natural, cultural, 
and historic resources in the area of 
the project; and 
‘‘(II) the purposes of which are— 
‘‘(aa) to identify agencies 
and organizations that can pro-
vide information about natural, 
cultural, and historic resources; 
and 
‘‘(bb) to develop the infor-
mation needed to determine the 
range of alternatives. 
‘‘(vi) In the case of a tiered project 
review, a description of the relationship be-
tween any applicable programmatic anal-
ysis and the planned tiered environmental 
review.’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
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‘‘(bb) the specific efforts 
that the facilitating agency or 
lead agency, as applicable, each 
coordinating 
and 
participating 
agency, the project sponsor, and 
any State in which the project is 
located will take to reduce the 
time needed to complete the per-
mitting process.’’; and 
(ii) in subparagraph (F)(ii)— 
(I) in the matter preceding sub-
clause (I), by striking ‘‘or is at signifi-
cant risk of failing to conform with’’ 
and inserting ‘‘or reasonably believes 
the agency will fail to conform with a 
completion date 30 days before’’; and 
(II) in subclause (I), by striking 
‘‘significantly risking failing to con-
form’’ and inserting ‘‘reasonably be-
lieving the agency will fail to con-
form’’; 
(4) in subsection (d)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (3) as subparagraphs (A) through (C), 
respectively, and indenting appropriately; and 
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(B) by striking the matter preceding sub-
paragraph (A) (as so redesignated) and insert-
ing the following: 
‘‘(1) IN
GENERAL.—The facilitating or lead 
agency, as applicable, shall provide an expeditious 
process for potential or current project sponsors to 
confer with each potential and identified cooperating 
and participating agency involved. 
‘‘(2) PROVISION OF INFORMATION.—Not later 
than 60 days after the date on which the potential 
or current project sponsor submits a request under 
this subsection, each agency that received such a re-
quest shall provide to the project sponsor informa-
tion concerning—’’; and 
(5) by striking subsection (f) and inserting the 
following: 
‘‘(f) FACILITATION
OF ENVIRONMENTAL REVIEW 
AND
AUTHORIZATION
PROCESS
OF
ADDITIONAL 
PROJECTS.— 
‘‘(1) IN GENERAL.—In the case of a project 
that is not a covered project, on the request of an 
individual described in section 41002(b)(2)(B) or the 
project sponsor, the Executive Director may work 
with the lead agency and any cooperating or partici-
pating agency to facilitate the environmental review 
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and authorization process in accordance with this 
subsection, including by— 
‘‘(A) mediating and resolving disputes; 
‘‘(B) promoting early coordination among 
the agencies; and 
‘‘(C) taking such actions as may be estab-
lished pursuant to paragraph (2). 
‘‘(2) ESTABLISHMENT OF POLICIES.—The Ex-
ecutive Director, in consultation with the Director of 
the Office of Management and Budget and the Chair 
of the Council on Environmental Quality, may estab-
lish policies and procedures as appropriate to carry 
out the facilitation under paragraph (1). 
‘‘(3) COOPERATION REQUIRED.—If the Execu-
tive Director is facilitating the environmental review 
and authorization process under paragraph (1), the 
lead agency and any cooperating or participating 
agency shall cooperate with the Executive Director 
to the maximum extent practicable. 
‘‘(4) SAVINGS
PROVISION.—Facilitation of a 
project by the Executive Director under paragraph 
(1) shall not subject the project to any provisions 
under this title, other than as provided in this sub-
section.’’. 
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(c) COORDINATION OF REQUIRED REVIEWS.—Sec-
tion 41005(b) of the FAST Act (42 U.S.C. 4370m–4(b)) 
is amended— 
(1) by striking ‘‘(1) STATE ENVIRONMENTAL 
DOCUMENTS; SUPPLEMENTAL DOCUMENTS.—’’; 
(2) by redesignating subparagraphs (A) through 
(E) as paragraphs (1) through (5), respectively, and 
indenting appropriately; 
(3) in paragraph (1) (as so redesignated), by 
redesignating clauses (i) and (ii) as subparagraphs 
(A) and (B), respectively, and indenting appro-
priately; 
(4) in paragraph (2) (as so redesignated), by 
striking ‘‘subparagraph (A)’’ each place it appears 
and inserting ‘‘paragraph (1)’’; 
(5) in paragraph (3) (as so redesignated)— 
(A) in the matter preceding clause (i), by 
striking ‘‘subparagraph (A)’’ and inserting 
‘‘paragraph (1)’’; and 
(B) by redesignating clauses (i) and (ii) as 
subparagraphs (A) and (B), respectively, and 
indenting appropriately; 
(6) in paragraph (4) (as so redesignated)— 
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(A) in the matter preceding clause (i), by 
striking ‘‘subparagraph (C)’’ and inserting 
‘‘paragraph (3)’’; and 
(B) by redesignating clauses (i) and (ii) as 
subparagraphs (A) and (B), respectively, and 
indenting appropriately; and 
(7) in paragraph (5) (as so redesignated)— 
(A) by striking ‘‘subparagraph (A)’’ and 
inserting ‘‘paragraph (1)’’; and 
(B) by striking ‘‘subparagraph (C)’’ and 
inserting ‘‘paragraph (3)’’. 
(d) LITIGATION, JUDICIAL REVIEW, AND SAVINGS 
PROVISION.—Section 41007 of the FAST Act (42 U.S.C. 
4370m–6) is amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘the action’’ and in-
serting ‘‘the claim’’; and 
(ii) by striking ‘‘of the final record of 
decision or approval or denial of a permit’’ 
and inserting ‘‘of notice of final agency ac-
tion on the authorization’’; and 
(B) in subparagraph (B)(i), by striking 
‘‘the action’’ and inserting ‘‘the claim’’; and 
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(2) in subsection (e), in the matter preceding 
paragraph (1), by striking ‘‘this section’’ and insert-
ing ‘‘this title’’. 
(e) REPORTS TO CONGRESS.—Section 41008(a)(2) of 
the FAST Act (42 U.S.C. 4370m–7(a)(2)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘based on’’ and all that follows through 
‘‘including’’ and inserting ‘‘, including’’; 
(2) in subparagraph (A), by striking ‘‘those 
best practices’’ and inserting ‘‘the best practices de-
scribed in section 41002(c)(2)(B)’’; 
(3) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(C) agency compliance with sections 
41003 through 41006.’’. 
(f) FUNDING FOR GOVERNANCE, OVERSIGHT, AND 
PROCESSING OF ENVIRONMENTAL REVIEWS AND PER-
MITS.—Section 41009 of the FAST Act (42 U.S.C. 
4370m–8) is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) IN GENERAL.—For the purpose of carrying out 
this title, the Executive Director, in consultation with the 
heads of the agencies listed in section 41002(b)(2)(B) and 
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with the guidance of the Director of the Office of Manage-
ment and Budget, may, after public notice and oppor-
tunity for comment, issue regulations establishing a fee 
structure for sponsors of covered projects to reimburse the 
United States for reasonable costs incurred in conducting 
environmental reviews and authorizations for covered 
projects.’’; 
(2) in subsection (b), by striking ‘‘and 41003’’ 
and inserting ‘‘through 41008’’; and 
(3) in subsection (d)(3)— 
(A) by striking ‘‘The Executive Director’’ 
and inserting ‘‘For the purpose of carrying out 
this title, the Executive Director’’; and 
(B) by inserting ‘‘and other projects under 
this title’’ before the period at the end. 
(g) SUNSET.—Section 41013 of the FAST Act (42 
U.S.C. 4370m–12) is repealed. 
(h) REPEAL
OF CERTAIN EXCLUSIONS.—Section 
11503(b) of the FAST Act (42 U.S.C. 4370m note; Public 
Law 114–94) is repealed. 
(i) 
TECHNICAL
CORRECTION.—Section 
41002(b)(2)(A)(ii) of the FAST Act (42 U.S.C. 4370m– 
1(b)(2)(A)(ii)) is amended by striking ‘‘councilmem-ber’’ 
and inserting ‘‘councilmember’’. 
Æ 
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