I 
116TH CONGRESS 
1ST SESSION H. R. 3671 
To amend the FAST Act to improve the Federal permitting process, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 10, 2019 
Mr. ARMSTRONG (for himself, Mr. BISHOP of Utah, and Mr. PETERSON) in-
troduced the following bill; which was referred to the Committee on Nat-
ural 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’’; and 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) TREATMENT.—Section 553 of title 5, 
United States Code, shall not apply to a major-
ity vote described in subparagraph (A).’’. 
(b) FEDERAL PERMITTING IMPROVEMENT COUN-
CIL.—Section 41002 of the FAST Act (42 U.S.C. 4370m– 
1) is amended— 
(1) in subsection (b)(2)(A)(i)— 
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(A) by striking ‘‘Each’’ and inserting the 
following: 
‘‘(I) IN GENERAL.—Each’’; and 
(B) by adding at the end the following: 
‘‘(II) REDESIGNATION.—If an in-
dividual listed in subparagraph (B) 
designates a different member to 
serve on the Council than the member 
designated under subclause (I), the 
individual shall notify the Executive 
Director of the designation by not 
later than 30 days after the date on 
which the designation is made.’’; 
(2) in subsection (c)— 
(A) in paragraph (2)— 
(i) in subparagraph (B)— 
(I) in the matter preceding clause 
(i), by striking ‘‘later than’’ and all 
that follows through ‘‘practices for’’ 
and inserting ‘‘less frequently than 
annually, the Council shall issue rec-
ommendations on the best practices 
for improving the Federal permitting 
process for covered projects, which 
may include’’; 
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(II) in clause (vii), by striking 
‘‘and’’ at the end; 
(III) 
by 
redesignating 
clause 
(viii) as clause (ix); and 
(IV) by inserting after clause 
(vii) the following: 
‘‘(viii) in coordination with the Execu-
tive Director, improving preliminary en-
gagement with project sponsors in devel-
oping coordinated project plans; and’’; 
(ii) by redesignating subparagraph 
(C) as subparagraph (D); and 
(iii) by inserting after subparagraph 
(B) the following: 
‘‘(C) NOTIFICATION.—The Executive Di-
rector shall notify the Committees on Homeland 
Security and Governmental Affairs and Envi-
ronment and Public Works of the Senate and 
the Committees on Energy and Commerce and 
Transportation and Infrastructure of the House 
of Representatives if any agency fails to reason-
ably implement the recommended best prac-
tices.’’; and 
(B) in paragraph (3)(A), by inserting ‘‘, 
including agency compliance with interim and 
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final completion dates described in coordinated 
project plans’’ after ‘‘authorizations’’; and 
(3) in subsection (d)— 
(A) by striking ‘‘The Director’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—The Director’’; and 
(B) by adding at the end the following: 
‘‘(2) SAVINGS
PROVISION.—The designated 
agency under paragraph (1) shall not— 
‘‘(A) participate in policy decisions or sub-
stantive management of the Council; or 
‘‘(B) require the Executive Director or the 
Council to comply with agency policies in car-
rying out the duties of the Executive Director 
or the Council, as applicable.’’. 
(c) 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 
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(B) in subparagraph (A)(ii), by inserting 
‘‘completed’’ before ‘‘notice’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by inserting 
‘‘in coordination with the Executive Direc-
tor and’’ after ‘‘as applicable,’’; and 
(ii) in subparagraph (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-
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tween any applicable programmatic anal-
ysis and the planned tiered environmental 
review.’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘As part of the 
coordination project plan’’ and insert-
ing the following: 
‘‘(i) IN
GENERAL.—In accordance 
with clause (ii) and as part of the coordi-
nated project plan’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(ii) GOAL.— 
‘‘(I) IN GENERAL.—The permit-
ting 
timetable 
established 
under 
clause (i) shall provide for the comple-
tion of the permitting process within 2 
years. 
‘‘(II) EXCEPTION.—If the facili-
tating agency or lead agency, as appli-
cable, determines that the permitting 
process cannot be completed within 2 
years, the coordinated project plan 
under paragraph (1) shall include— 
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‘‘(aa) the specific reasons 
why the facilitating agency or 
lead agency, as applicable, antici-
pates that the permitting process 
will take longer than 2 years; and 
‘‘(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.’’; 
(ii) in subparagraph (D)(i)— 
(I) by redesignating subclauses 
(I) through (III) as subclauses (II) 
through (IV), respectively; 
(II) by inserting before subclause 
(II) (as so redesignated) the following: 
‘‘(I) the facilitating or lead agen-
cy, as applicable, consults with the 
Executive Director regarding the po-
tential modification not less than 15 
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days before engaging in the consulta-
tion under subclause (II);’’; and 
(III) in subclause (II) (as so re-
designated), by inserting ‘‘, the Exec-
utive Director,’’ after ‘‘participating 
agencies’’; and 
(iii) in subparagraph (F)— 
(I) in clause (i)— 
(aa) by inserting ‘‘interim 
and final’’ before ‘‘completion 
dates’’; and 
(bb) by inserting ‘‘interim or 
final’’ before ‘‘completion date’’; 
and 
(II) in clause (ii)— 
(aa) in the matter preceding 
subclause (I), by striking ‘‘a com-
pletion date for agency action on 
a covered project or is at signifi-
cant risk of failing to conform 
with’’ and inserting ‘‘an interim 
or final completion date for agen-
cy action on a covered project or 
reasonably believes the agency 
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will fail to conform with a com-
pletion date 30 days before’’; and 
(bb) in subclause (I), by 
striking 
‘‘significantly 
risking 
failing to conform’’ and inserting 
‘‘reasonably believing the agency 
will fail to conform’’; 
(4) in subsection (d)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (3) as subparagraphs (A) through (C), 
respectively, and indenting appropriately; and 
(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 
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(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 
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). 
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‘‘(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.’’. 
(d) 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; 
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(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)— 
(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)’’. 
(e) LITIGATION, JUDICIAL REVIEW, AND SAVINGS 
PROVISION.—Section 41007 of the FAST Act (42 U.S.C. 
4370m–6) is amended— 
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(D) by adding at the end the following: 
‘‘(C) agency compliance with sections 
41003 through 41006.’’; and 
(2) by adding at the end the following: 
‘‘(c) FERC REPORT.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date of enactment of the Federal Permit-
ting Reform and Jobs Act, the Federal Energy Reg-
ulatory Commission shall submit to the Committees 
on Homeland Security and Governmental Affairs 
and Environment and Public Works of the Senate 
and the Committees on Energy and Commerce and 
Transportation and Infrastructure of the House of 
Representatives a report that includes recommenda-
tions on ways to reconcile regulations of the Federal 
Energy Regulatory Commission with requirements 
under this title. 
‘‘(2) REVIEW.—In the first report under sub-
section (a) that is submitted after the date on which 
the report under paragraph (1) is submitted, the Ex-
ecutive Director shall include a review of the rec-
ommendations in the report under that paragraph.’’. 
(g) FUNDING FOR GOVERNANCE, OVERSIGHT, AND 
PROCESSING OF ENVIRONMENTAL REVIEWS AND PER-
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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 
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) by striking subsection (d)(3) and inserting 
the following: 
‘‘(3) TRANSFER.—For the purpose of carrying 
out this title, the Executive Director, with the ap-
proval of the Director of the Office of Management 
and Budget, may transfer amounts in the Fund to 
other Federal, State, Tribal, and local governments 
to facilitate timely and efficient environmental re-
views and authorizations for proposed covered 
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projects and other projects under this title, including 
direct 
reimbursement 
agreements 
with 
agency 
CERPOs, reimbursable agreements, and approval 
and consultation processes and staff for covered 
projects.’’. 
(h) SUNSET.—Section 41013 of the FAST Act (42 
U.S.C. 4370m–12) is repealed. 
(i) REPEAL
OF
CERTAIN
EXCLUSIONS.—Section 
11503(b) of the FAST Act (42 U.S.C. 4370m note; Public 
Law 114–94) is repealed. 
(j) 
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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