42 U.S.C. § 4370m–1 (THE PUBLIC HEALTH AND WELFARE)
§ 4370m–1. Federal Permitting Improvement Council
(a) Establishment
There is established the Federal Permitting 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 individual 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 1 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 Management and Budget, each individual listed in subparagraph (B) shall designate 1 or more appropriate members of the agency in which the individual serves to serve as an agency CERPO.
(II) Reporting
In carrying out the duties of the agency CERPO under this subchapter, 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.
(ix) The Chairman of the Federal Energy Regulatory Commission.
(x) The Chairman of the Nuclear Regulatory Commission.
(xi) The Secretary of Homeland Security.
(xii) The Secretary of Housing and Urban Development.
(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 December 4, 2015, 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 environmental reviews and authorizations most commonly involved; and
(iii) add a covered project to the inventory after receiving a notice described in section 4370m–2(a)(1) of this title.
(B) Facilitating agency designation
The Executive 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 agencies 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 December 4, 2015, the Executive Director, in consultation with the Council, shall develop recommended performance schedules, including intermediate 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 alignment 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 completion of an environmental review or authorization under clause (i) shall not exceed the average time to complete an environmental 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 4370m–2(b)(2) of this title (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 authorization.
(cc) Completion date
Each performance 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 information needed to complete the review or authorization (including any hearing that an agency holds on the matter) is in the possession 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 consultation 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 subchapter; 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 recommendations 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 recommendations described in clause (i).
(B) Best practices
Not later than 1 year after December 4, 2015, and not less frequently than annually thereafter, the Council shall issue recommendations on the best practices for—
(i) enhancing early stakeholder engagement, including fully considering and, as appropriate, incorporating recommendations provided in public comments on any proposed covered project;
(ii) ensuring timely decisions regarding environmental 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 terminology 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 frequently than annually with groups or individuals representing 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 authorizations;
(B) provide technical support, when requested to facilitate efficient and timely processes for environmental reviews and authorizations for covered projects under the jurisdictional responsibility of the agency, including supporting 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 technology 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 reasonably necessary, provide support and staff to enable the Executive Director to fulfill the duties of the Executive Director under this subchapter.
(Pub. L. 114–94, div. D, title XLI, § 41002, Dec. 4, 2015, 129 Stat. 1743.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Fixing America’s Surface Transportation Act, also known as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.