H. R. 22—427 
(d) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply to amounts collected and retained by the Secretary 
after the date of the enactment of this Act. 
SEC. 32104. REPEAL OF MODIFICATION OF AUTOMATIC EXTENSION 
OF RETURN DUE DATE FOR CERTAIN EMPLOYEE BEN-
EFIT PLANS. 
(a) IN GENERAL.—Section 2006(b) of the Surface Transportation 
and Veterans Health Care Choice Improvement Act of 2015 is 
amended by striking paragraph (3). 
(b) EFFECTIVE DATE.—The amendment made by this section 
shall apply to returns for taxable years beginning after December 
31, 2015. 
Subtitle B—Fees and Receipts 
SEC. 32201. ADJUSTMENT FOR INFLATION OF FEES FOR CERTAIN CUS-
TOMS SERVICES. 
(a) IN GENERAL.—Section 13031 of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by 
adding at the end the following: 
‘‘(l) ADJUSTMENT OF FEES FOR INFLATION.— 
‘‘(1) IN
GENERAL.—The Secretary of the Treasury shall 
adjust the fees established under subsection (a), and the limita-
tions on such fees under paragraphs (2), (3), (5), (6), (8), and 
(9) of subsection (b), on April 1, 2016, and at the beginning 
of each fiscal year thereafter, to reflect the percentage (if any) 
of the increase in the average of the Consumer Price Index 
for the preceding 12-month period compared to the Consumer 
Price Index for fiscal year 2014. 
‘‘(2) SPECIAL RULES FOR CALCULATION OF ADJUSTMENT.— 
In adjusting under paragraph (1) the amount of the fees estab-
lished under subsection (a), and the limitations on such fees 
under paragraphs (2), (3), (5), (6), (8), and (9) of subsection 
(b), the Secretary— 
‘‘(A) shall round the amount of any increase in the 
Consumer Price Index to the nearest dollar; and 
‘‘(B) may ignore any such increase of less than 1 per-
cent. 
‘‘(3) CONSUMER PRICE INDEX DEFINED.—For purposes of this 
subsection, the term ‘Consumer Price Index’ means the Con-
sumer Price Index for All Urban Consumers published by the 
Bureau of Labor Statistics of the Department of Labor.’’. 
(b) USE OF FEES.—The fees collected as a result of the amend-
ments made by this section shall be deposited in the Customs 
User Fee Account, shall be available for reimbursement of customs 
services and inspections costs, and shall be available only to the 
extent provided in appropriations Acts. 
(c) CONFORMING AMENDMENTS.—Section 13031 of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c), 
as amended by subsections (a) and (b), is further amended— 
(1) in subsection (a), in the matter preceding paragraph 
(1), by inserting ‘‘(subject to adjustment under subsection (l))’’ 
after ‘‘following fees’’; and 
(2) in subsection (b)—
H. R. 22—428 
(A) in paragraph (2), by inserting ‘‘(subject to adjust-
ment under subsection (l))’’ after ‘‘in fees’’; 
(B) in paragraph (3), by inserting ‘‘(subject to adjust-
ment under subsection (l))’’ after ‘‘in fees’’; 
(C) in paragraph (5)(A), by inserting ‘‘(subject to adjust-
ment under subsection (l))’’ after ‘‘in fees’’; 
(D) in paragraph (6), by inserting ‘‘(subject to adjust-
ment under subsection (l))’’ after ‘‘in fees’’; 
(E) in paragraph (8)(A)— 
(i) in clause (i), by inserting ‘‘or (l)’’ after ‘‘sub-
section (a)(9)(B)’’; and 
(ii) in clause (ii), by inserting ‘‘(subject to adjust-
ment under subsection (l))’’ after ‘‘$3’’; and 
(F) in paragraph (9)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause (i), by 
inserting ‘‘and subject to adjustment under sub-
section (l)’’ after ‘‘Tariff Act of 1930’’; and 
(II) in clause (ii)(I), by inserting ‘‘(subject to 
adjustment under subsection (l))’’ after ‘‘bill of 
lading’’; and 
(ii) in subparagraph (B)(i), by inserting ‘‘(subject 
to adjustment under subsection (l))’’ after ‘‘bill of 
lading’’. 
SEC. 32202. LIMITATION ON SURPLUS FUNDS OF FEDERAL RESERVE 
BANKS. 
Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) 
is amended by adding at the end the following: 
‘‘(3) LIMITATION ON SURPLUS FUNDS.— 
‘‘(A) IN GENERAL.—The aggregate amount of the sur-
plus funds of the Federal reserve banks may not exceed 
$10,000,000,000. 
‘‘(B) TRANSFER TO THE GENERAL FUND.—Any amounts 
of the surplus funds of the Federal reserve banks that 
exceed, or would exceed, the limitation under subparagraph 
(A) shall be transferred to the Board of Governors of the 
Federal Reserve System for transfer to the Secretary of 
the Treasury for deposit in the general fund of the 
Treasury.’’. 
SEC. 32203. DIVIDENDS OF FEDERAL RESERVE BANKS. 
(a) IN GENERAL.—Section 7(a)(1) of the Federal Reserve Act 
(12 15 U.S.C. 289(a)(1)) is amended— 
(1) by amending subparagraph (A) to read as follows: 
‘‘(A) DIVIDEND AMOUNT.—After all necessary expenses 
of a Federal reserve bank have been paid or provided 
for, the stockholders of the bank shall be entitled to receive 
an annual dividend on paid-in capital stock of— 
‘‘(i) in the case of a stockholder with total consoli-
dated assets of more than $10,000,000,000, the smaller 
of— 
‘‘(I) the rate equal to the high yield of the 
10-year Treasury note auctioned at the last auction 
held prior to the payment of such dividend; and 
‘‘(II) 6 percent; and
H. R. 22—429 
‘‘(ii) in the case of a stockholder with total consoli-
dated assets of $10,000,000,000 or less, 6 percent.’’; 
and 
(2) by adding at the end the following: 
‘‘(C) INFLATION ADJUSTMENT.—The Board of Governors 
of the Federal Reserve System shall annually adjust the 
dollar amounts of total consolidated assets specified under 
subparagraph (A) to reflect the change in the Gross 
Domestic Product Price Index, published by the Bureau 
of Economic Analysis.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on January 1, 2016. 
SEC. 32204. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE. 
(a) DRAWDOWN AND SALE.— 
(1) IN
GENERAL.—Notwithstanding section 161 of the 
Energy Policy and Conservation Act (42 U.S.C. 6241), except 
as provided in subsections (b) and (c), the Secretary of Energy 
shall drawdown and sell from the Strategic Petroleum 
Reserve— 
(A) the quantity of barrels of crude oil that the Sec-
retary of Energy determines to be appropriate to maximize 
the financial return to United States taxpayers for each 
of fiscal years 2016 and 2017; 
(B) 16,000,000 barrels of crude oil during fiscal year 
2023; 
(C) 25,000,000 barrels of crude oil during fiscal year 
2024; and 
(D) 25,000,000 barrels of crude oil during fiscal year 
2025. 
(2) DEPOSIT OF AMOUNTS RECEIVED FROM SALE.—Amounts 
received from a sale under paragraph (1) shall be deposited 
in the general fund of the Treasury during the fiscal year 
in which the sale occurs. 
(b) EMERGENCY PROTECTION.—The Secretary shall not draw 
down and sell crude oil under this section in quantities that would 
limit the authority to sell petroleum products under section 161(h) 
of the Energy Policy and Conservation Act (42 U.S.C. 6241(h)) 
in the full quantity authorized by that subsection. 
(c) INCREASE; LIMITATION.— 
(1) INCREASE.—The Secretary of Energy may increase the 
drawdown and sales under subparagraphs (A) through (I) of 
subsection (a)(1) as the Secretary of Energy determines to be 
appropriate to maximize the financial return to United States 
taxpayers. 
(2) LIMITATION.—The Secretary of Energy shall not draw-
down or conduct sales of crude oil under this section after 
the date on which a total of $6,200,000,000 has been deposited 
in the general fund of the Treasury from sales authorized 
under this section. 
SEC. 32205. REPEAL. 
Effective as of November 2, 2015, the date of the enactment 
of the Bipartisan Budget Act of 2015 (Public Law 114–74), section 
201 of such Act and the amendments made by such section are 
repealed, and the provisions of law amended by such section are 
hereby restored to appear as if such section had not been enacted 
into law.
H. R. 22—430 
Subtitle C—Outlays 
SEC. 32301. INTEREST ON OVERPAYMENT. 
Section 111 of the Federal Oil and Gas Royalty Management 
Act of 1982 (30 U.S.C. 1721) is amended— 
(1) by striking subsections (h) and (i); 
(2) by redesignating subsections (j) through (l) as sub-
sections (h) through (j), respectively; and 
(3) in subsection (h) (as so redesignated), by striking the 
fourth sentence. 
Subtitle D—Budgetary Effects 
SEC. 32401. BUDGETARY EFFECTS. 
The budgetary effects of this Act shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of the Statu-
tory Pay-As-You-Go Act of 2010. 
DIVISION D—MISCELLANEOUS 
TITLE XLI—FEDERAL PERMITTING 
IMPROVEMENT 
SEC. 41001. DEFINITIONS. 
In this title: 
(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 
41002(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 
administered by a Federal agency or, in the case of a State 
that chooses to participate in the environmental review and 
authorization process in accordance with section 41003(c)(3)(A), 
a 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 Infra-
structure Permitting Improvement Steering Council established 
under section 41002(a). 
(6) COVERED PROJECT.— 
(A) IN GENERAL.—The term ‘‘covered project’’ means 
any activity in the United States that requires authoriza-
tion or environmental review by a Federal agency involving
H. R. 22—431 
construction of infrastructure for 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 that— 
(i)(I) is subject to NEPA; 
(II) is likely to require a total investment of more 
than $200,000,000; and 
(III) does not qualify for abbreviated authorization 
or 
environmental 
review 
processes 
under 
any 
applicable law; or 
(ii) is subject to NEPA and the size and complexity 
of which, in the opinion of the Council, 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 Permit-
ting Dashboard required under section 41003(b). 
(8) ENVIRONMENTAL
ASSESSMENT.—The term ‘‘environ-
mental 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 signifi-
cant impact, notice of intent, environmental impact state-
ment, or record of decision. 
(B) INCLUSIONS.—The term ‘‘environmental document’’ 
includes— 
(i) any document that is a supplement to a docu-
ment 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 environ-
mental 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 41002(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 41003(a).
H. R. 22—432 
(14) INVENTORY.—The term ‘‘inventory’’ means the inven-
tory of covered projects established by the Executive Director 
under section 41002(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 41003. 
(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. 41002. FEDERAL PERMITTING IMPROVEMENT COUNCIL. 
(a) ESTABLISHMENT.—There is established the Federal Permit-
ting 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 indi-
vidual listed in subparagraph (B) shall designate a 
member of the agency in which the individual serves 
to serve on the Council. 
(ii) QUALIFICATIONS.—A councilmem-ber 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 Manage-
ment and Budget, each individual listed in 
subparagraph (B) shall designate 1 or more appro-
priate members of the agency in which the indi-
vidual serves to serve as an agency CERPO. 
(II) REPORTING.—In carrying out the duties 
of the agency CERPO under this title, 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.
H. R. 22—433 
(ix) The Chairman of the Federal Energy Regu-
latory Commission. 
(x) The Chairman of the Nuclear Regulatory 
Commission. 
(xi) The Secretary of Homeland Security. 
(xii) The Secretary of Housing and Urban Develop-
ment. 
(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 enact-
ment 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 environ-
mental reviews and authorizations most commonly 
involved; and 
(iii) add a covered project to the inventory after 
receiving a notice described in section 41003(a)(1). 
(B) FACILITATING AGENCY DESIGNATION.—The Execu-
tive 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 agen-
cies 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 rec-
ommended performance schedules, including inter-
mediate and final completion dates, 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, including the align-
ment of Federal reviews of projects and reduction 
of permitting and project delivery time. 
(II) LIMIT.— 
(aa) IN
GENERAL.—The final completion 
dates in any performance schedule for the
H. R. 22—434 
completion of an environmental review or 
authorization under clause (i) shall not exceed 
the average time to complete an environ-
mental 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 41003(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 authoriza-
tion. 
(cc) COMPLETION
DATE.—Each perform-
ance 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 informa-
tion needed to complete the review or 
authorization (including any hearing that an 
agency holds on the matter) is in the posses-
sion 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 consulta-
tion 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 title; 
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 rec-
ommendations 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 rec-
ommendations 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 rec-
ommendations on the best practices for—
H. R. 22—435 
(i) 
enhancing 
early 
stakeholder 
engagement, 
including fully considering and, as appropriate, incor-
porating recommendations provided in public com-
ments on any proposed covered project; 
(ii) ensuring timely decisions regarding environ-
mental 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 termi-
nology 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. 
(C) MEETINGS.—The Council shall meet not less fre-
quently than annually with groups or individuals rep-
resenting State, tribal, and local governments that are 
engaged in the infrastructure permitting process. 
(3) AGENCY CERPOS.—An agency CERPO shall— 
(A) advise the respective agency councilmember on 
matters related to environmental reviews and authoriza-
tions; 
(B) provide technical support, when requested to facili-
tate efficient and timely processes for environmental 
reviews and authorizations for covered projects under the 
jurisdictional responsibility of the agency, including sup-
porting 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 tech-
nology 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, other 
than an agency that carries out or provides support only for projects 
that are not covered projects, to provide administrative support 
for the Executive Director, and the designated agency shall, as
H. R. 22—436 
reasonably necessary, provide support and staff to enable the Execu-
tive Director to fulfill the duties of the Executive Director under 
this title. 
SEC. 41003. 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 submis-
sion of the notice under subparagraph (A), the Executive 
Director has not designated a facilitating agency under 
section 41002(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 finan-
cial ability of the project sponsor to construct the pro-
posed project; 
(iv) a statement of any Federal financing, environ-
mental 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 41001 
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 respon-
sibilities with respect to the proposed project; and 
(ii) invite all Federal agencies identified under 
clause (i) to become a participating agency or a cooper-
ating agency, as appropriate, in the environmental 
review 
and 
authorization 
management 
process 
described in section 41005. 
(B) DEADLINES.—Each invitation made under subpara-
graph (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
H. R. 22—437 
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 subpara-
graph (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 jurisdic-
tion 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 title. 
(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 des-
ignate 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 informa-
tion regarding the scope or nature of a covered project 
that indicates that the project should be placed in a dif-
ferent category under section 41002(c)(1)(B). 
(B) RESOLUTION OF DISPUTE.—The Chairman of the 
Council on Environmental Quality shall resolve any dispute 
over designation of a facilitating or lead agency for a par-
ticular covered project. 
(b) PERMITTING DASHBOARD.— 
(1) REQUIREMENT TO MAINTAIN.— 
(A) IN GENERAL.—The Executive Director, in coordina-
tion with the Administrator of General Services, shall 
maintain an online database to be known as the ‘‘Permit-
ting Dashboard’’ to track the status of Federal environ-
mental reviews and authorizations for any covered project 
in the inventory described in section 41002(c)(1)(A). 
(B) SPECIFIC AND SEARCHABLE ENTRY.—The Dashboard 
shall include a specific and searchable entry for each cov-
ered 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 41002(c)(1)(A), 
the Executive Director shall create a specific entry 
on the Dashboard for the covered project.
H. R. 22—438 
(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, facili-
tating 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 partici-
pating agency shall post to the Dashboard— 
(i) a hyperlink that directs to a website that con-
tains, 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 subpara-
graph (A) shall be posted to the website made available 
by hyperlink on the Dashboard not later than 5 business 
days after the date on which the Federal agency receives 
the information.
H. R. 22—439 
(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 para-
graph (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, minimiza-
tion, 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 coordi-
nated 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, and, subject to subparagraph 
(C), with the concurrence of each cooperating agency, shall 
establish a permitting timetable that includes intermediate 
and final completion dates for action by each participating 
agency on any Federal environmental review or authoriza-
tion required for the project.
H. R. 22—440 
(B) FACTORS FOR CONSIDERATION.—In establishing the 
permitting timetable under subparagraph (A), the facili-
tating or lead agency shall follow the performance sched-
ules established under section 41002(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 sub-
ject to environmental review or similar procedures 
under State law. 
(C) DISPUTE RESOLUTION.— 
(i) IN GENERAL.—The Executive Director, in con-
sultation with appropriate agency CERPOs and the 
project sponsor, shall, as necessary, mediate any dis-
putes regarding the permitting timetable referred to 
under subparagraph (A). 
(ii) DISPUTES.—If a dispute remains unresolved 
30 days after the date on which the dispute was sub-
mitted 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 facilitate a resolution of the dispute and 
direct the agencies party to the dispute to resolve 
the dispute by the end of the 60-day period beginning 
on the date of submission of the dispute to the Execu-
tive Director. 
(iii) FINAL RESOLUTION.—Any action taken by the 
Director of the Office of Management and Budget in 
the resolution of a dispute 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 estab-
lished under subparagraph (A) only if— 
(I) 
the 
facilitating 
or 
lead 
agency, 
as 
applicable, and the affected cooperating agencies, 
after consultation with the participating agencies 
and the project sponsor, agree to a different 
completion date; 
(II) the facilitating agency or lead agency, as 
applicable, or the affected cooperating agency pro-
vides a written justification for the modification; 
and 
(III) in the case of a modification that would 
necessitate an extension of a final completion date 
under a permitting timetable established under 
subparagraph (A) to a date more than 30 days 
after the final completion date originally estab-
lished under subparagraph (A), the facilitating or
H. R. 22—441 
lead agency submits a request to modify the 
permitting timetable to the Executive Director, 
who shall consult with the project sponsor and 
make a determination on the record, based on 
consideration of the relevant factors described 
under subparagraph (B), whether to grant the 
facilitating or lead agency, as applicable, authority 
to make such modification. 
(ii) COMPLETION DATE.—A completion date in the 
permitting timetable may not be modified within 30 
days of the completion date. 
(iii) LIMITATION ON LENGTH OF MODIFICATIONS.— 
(I) IN GENERAL.—Except as provided in sub-
clause (II), the total length of all modifications 
to a permitting timetable authorized or made 
under this subparagraph, other than for reasons 
outside the control of Federal, State, local, or tribal 
governments, may not extend the permitting time-
table for a period of time greater than half of 
the amount of time from the establishment of the 
permitting timetable under subparagraph (A) to 
the last final completion date originally established 
under subparagraph (A). 
(II) ADDITIONAL EXTENSIONS.—The Director of 
the Office of Management and Budget, after con-
sultation with the project sponsor, may permit the 
Executive Director to authorize additional exten-
sions of a permitting timetable beyond the limit 
prescribed by subclause (I). In such a case, the 
Director of the Office of Management and Budget 
shall transmit, not later than 5 days after making 
a determination to permit an authorization of 
extension under this subclause, a report to Con-
gress explaining why such modification is required. 
Such report shall explain to Congress with speci-
ficity why the original permitting timetable and 
the modifications authorized by the Executive 
Director failed to be adequate. The lead or facili-
tating agency, as applicable, shall transmit to Con-
gress, the Director of the Office of Management 
and Budget, and the Executive Director a supple-
mental report on progress toward the final comple-
tion date each year thereafter, until the permit 
review is completed or the project sponsor with-
draws its notice or application or other request 
to which this title applies under section 41010. 
(iv) LIMITATION
ON
JUDICIAL
REVIEW.—The fol-
lowing shall not be subject to judicial review: 
(I) A determination by the Executive Director 
under clause (i)(III). 
(II) A determination under clause (iii)(II) by 
the Director of the Office of Management and 
Budget to permit the Executive Director to 
authorize extensions of a permitting timetable. 
(E) CONSISTENCY
WITH
OTHER
TIME
PERIODS.—A 
permitting timetable established under subparagraph (A) 
shall be consistent with any other relevant time periods
H. R. 22—442 
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 con-
form to the completion dates set forth in the permitting 
timetable established under subparagraph (A), or with 
any completion date modified under subparagraph (D). 
(ii) FAILURE
TO
CONFORM.—If a Federal agency 
fails to conform with a completion date for agency 
action on a covered project or is at significant risk 
of failing to conform with such a completion date, 
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 completion date 
and a proposal for an alternative completion date; 
(II) in consultation with the facilitating or lead 
agency, as applicable, establish an alternative 
completion date; 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 completion dates 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) STATE AUTHORITY.—If the Federal environmental 
review is being implemented within the boundaries of a 
State, the State, consistent with State law, may choose 
to participate in the environmental review and authoriza-
tion process under this subsection and to make subject 
to the process all State agencies that—
H. R. 22—443 
(i) have jurisdiction over the covered project; 
(ii) are required to conduct or issue a review, anal-
ysis, opinion, or statement for the covered project; or 
(iii) are required to make a determination on 
issuing a permit, license, or other approval or decision 
for the covered project. 
(B) COORDINATION.—To the maximum extent prac-
ticable 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 con-
ducting any separate review or authorization of the covered 
project to ensure timely and efficient completion of environ-
mental reviews and authorizations. 
(C) 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 under-
standing described in clause (i). 
(D) APPLICABILITY.—The requirements under this title 
shall only apply to a State or an authorization issued 
by a State if the State has chosen to participate in the 
environmental review and authorization process pursuant 
to this paragraph. 
(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 partici-
pating 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 des-
ignated as a participating agency under subsection (a)(3) shall 
not be designated as a cooperating agency under paragraph 
(1). 
(f) REPORTING STATUS OF OTHER PROJECTS ON DASHBOARD.— 
(1) IN GENERAL.—On request of the Executive Director, 
the Secretary and the Secretary of the Army shall use best 
efforts to provide information for inclusion on the Dashboard
H. R. 22—444 
on projects subject to section 139 of title 23, United States 
Code, and section 2045 of the Water Resources Development 
Act of 2007 (33 U.S.C. 2348) likely to require— 
(A) a total investment of more than $200,000,000; and 
(B) an environmental impact statement under NEPA. 
(2) EFFECT
OF
INCLUSION
ON
DASHBOARD.—Inclusion on 
the Dashboard of information regarding projects subject to sec-
tion 139 of title 23, United States Code, or section 2045 of 
the Water Resources Development Act of 2007 (33 U.S.C. 2348) 
shall not subject those projects to any requirements of this 
title. 
SEC. 41004. INTERSTATE COMPACTS. 
(a) IN GENERAL.—The consent of Congress is given for 3 or 
more contiguous States to enter into an interstate compact estab-
lishing 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 41006, 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 title, 
a regional infrastructure development agency referred to in sub-
section (a) shall have the same authorities and responsibilities 
of a State agency. 
SEC. 41005. 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 concur-
rently, 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 deter-
mines 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 comple-
tion of the environmental review process in a timely, coordi-
nated, 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 appro-
priate, adopt or incorporate by reference, the analysis 
and documentation that has been prepared for a cov-
ered 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
H. R. 22—445 
participation 
and 
consideration 
of 
alternatives, 
environmental consequences, and other required anal-
yses 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 Environ-
mental 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 documenta-
tion 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 cov-
ered project that is relevant for purposes of environ-
mental 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 pub-
lishes 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 docu-
ment adopted under subparagraph (A) and any supple-
mental document prepared under subparagraph (C). 
(c) ALTERNATIVES ANALYSIS.— 
(1) PARTICIPATION.— 
(A) IN GENERAL.—As early as practicable during the 
environmental review, but not later than the commence-
ment of scoping for a project requiring the preparation 
of an environmental impact statement, the lead agency 
shall engage the cooperating agencies and the public to 
determine the range of reasonable alternatives to be consid-
ered for a covered project. 
(B) 
DETERMINATION.—The 
determination 
under 
subparagraph (A) shall be completed not later than the 
completion of scoping. 
(2) RANGE OF ALTERNATIVES.—