II 118th CONGRESS 2d Session S. 4679 IN THE SENATE OF THE UNITED STATES July 11 (legislative day, July 10), 2024 Mr. Peters introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title XLI of the FAST Act to improve the Federal permitting process, and for other purposes.

1. Short title This Act may be cited as the Permitting Council Improvement Act of 2024 . 2. Federal permitting improvement (a) Definitions Section 41001(6) of the FAST Act ( 42 U.S.C. 4370m(6) ) is amended— (1) in subparagraph (B)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (B) in the matter preceding subclause (I) (as so redesignated), by striking The term and inserting the following: (i) In general Subject to clause (ii), the term ; and (C) by adding at the end the following: (ii) Clarification for requirements needed to complete environmental reviews and authorizations of covered projects Notwithstanding clause (i), the Department of Transportation or Army Corps of Engineers shall be subject to the requirements and other provisions of this title for any environmental review or authorization that the agency is required to complete, subject to the conditions that the project is a covered project and is not subject to section 139 of title 23, United States Code, or section 2045 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348 ), as applicable. ; and (2) by adding at the end the following: (D) Clarification For purposes of subparagraph (A)(iii)(III), an activity shall be considered to be located on land owned or under the jurisdiction of a sponsoring entity if any part of the activity is located on that land. . (b) Federal Permitting Improvement Steering Council (1) In general Section 41002 of the FAST Act ( 42 U.S.C. 4370m–1 ) is amended— (A) in subsection (b)(1)(A), by inserting , in consultation with the majority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the Senate, and the minority leader of the House of Representatives after President ; and (B) in subsection (c)— (i) in paragraph (1)— (I) by striking subparagraph (C); (II) by redesignating subparagraph (D) as subparagraph (C); (III) in subparagraph (C) (as so redesignated), in the matter preceding clause (i), by striking 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 and inserting may issue guidance, as necessary, ; and (IV) by inserting after subparagraph (C) (as so redesignated) the following: (D) Clarification of responsibilities Any guidance issued by the Executive Director under subparagraph (C)(i)— (i) shall be consistent with the implementing regulations for NEPA promulgated by the Chair of the Council on Environmental Quality and contained in subchapter A of chapter V of title 40, Code of Federal Regulations (or successor regulations); and (ii) shall not supersede those regulations with respect to the implementation of NEPA. ; and (ii) in paragraph (2)(B), in the matter preceding clause (i), by striking covered projects and inserting covered projects and other projects in sectors described in section 41001(6)(A) . (2) Conforming amendments (A) Section 41002(c)(2)(A)(i) of the FAST Act ( 42 U.S.C. 4370m–1(c)(2)(A)(i) ) is amended by striking and the performance schedules under paragraph (1)(C) . (B) Section 41003(c)(2)(B) of the FAST Act ( 42 U.S.C. 4370m–2(c)(2)(B) ) is amended, in the matter preceding clause (i), by striking follow and all that follows through relevant factors, and inserting take into account relevant factors, . (c) Permitting process improvement Section 41003 of the FAST Act ( 42 U.S.C. 4370m–2 ) is amended— (1) in subsection (a)(1)(C)— (A) by redesignating clauses (ii) through (v) as clauses (iii) through (vi), respectively; and (B) by inserting after clause (i) the following: (ii) a statement of the total investment required to plan, design, and construct the proposed project; ; and (2) in subsection (c)(2)— (A) in subparagraph (C)— (i) by striking clause (i) and inserting the following: (i) In general The Executive Director, in consultation with appropriate agency officials and the project sponsor, shall, as necessary, mediate any disputes identified by the project sponsor or appropriate agency official for any affected agency relating to the content or timing of the permitting timetable established under subparagraph (A). ; (ii) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; (iii) by inserting after clause (i) the following: (ii) Modified permitting timetable (I) In general As part of mediating a dispute relating to the content or timing of the permitting timetable established under subparagraph (A), the Executive Director may— (aa) propose a new permitting timetable, or modifications to a previously adopted permitting timetable, to resolve the dispute; and (bb) recommend that the affected agencies adopt that new or modified permitting timetable. (II) Review and response Each affected agency shall have 7 business days to review and respond to the new or modified permitting timetable proposed under subclause (I)(aa) and if the agency determines that the agency is unable to adopt that new or modified timetable, that agency shall submit to the Executive Director, in writing, an explanation describing the reasons why the new or modified timetable is not feasible. ; and (iv) in clause (iv) (as so redesignated), in the mattering preceding subclause (I), by striking clause (ii) and inserting clause (iii) ; (B) in subparagraph (D)— (i) in clause (i)— (I) in subclause (II), by inserting or alternative completion date after completion date ; and (II) in subclause (IV)— (aa) by striking final each place it appears; (bb) by inserting or alternative completion date that is the final action before under a permitting timetable ; and (cc) by inserting or alternative completion date established under clause (v) before , the facilitating or lead agency ; (ii) in clause (ii)— (I) by inserting or alternative completion date established under clause (v), as applicable, after A completion date ; and (II) by inserting or alternative completion date, as applicable after the completion date ; and (iii) by adding at the end the following: (v) Alternative completion date (I) In general If a Federal agency has missed or will miss an intermediate or final completion date originally established under subparagraph (A) for agency action on a covered project and fails to comply with the process for modification of a permitting timetable under clause (i), not later than 15 days after that intermediate or final completion date, the agency, in consultation with the facilitating or lead agency, as applicable, any relevant cooperating and participating agencies, and the project sponsor, shall submit to the Executive Director an alternative completion date for publication on the Dashboard. (II) Treatment An alternative completion date submitted under subclause (I) shall be subject to the same requirements for modification as other intermediate and final completion dates in the permitting timetable originally established under subparagraph (A). ; (C) in subparagraph (F)— (i) in the subparagraph heading, by striking Conforming to and inserting Compliance with ; (ii) in clause (i), by striking conform to and inserting comply with ; and (iii) by striking clause (ii) and inserting the following: (ii) Failure to comply (I) In general If a Federal agency fails to comply with an intermediate or final completion date for the agency action on a covered project, not later than 5 business days after the date on which the intermediate or final completion date has been or will be missed, the agency shall submit to the Executive Director for publication on the Dashboard an explanation of— (aa) the specific reasons for failing to comply with the completion date; and (bb) actions the agency will carry out to avoid additional delays, including actions to comply with the alternative completion date established under subparagraph (D)(v). (II) Status report If a Federal agency fails to comply with requirements to establish a permitting timetable or the requirement to establish an alternative completion date under subparagraph (D)(v), each month until the month in which the Federal agency has established the permitting timetable or alternative completion date under that subparagraph, the Federal agency shall submit to the Executive Director for posting on the Dashboard a status report describing agency activity related to the project and actions to support the establishment of a permitting timetable or alternative completion date under that subparagraph. ; (D) by redesignating subparagraph (G) as subparagraph (H); and (E) by inserting after subparagraph (F) the following: (G) Posting and reporting agency noncompliance with permitting timetable modification and noncompliance procedures (i) In general Agency noncompliance with the permitting timetable modification procedures under subparagraph (D) or the compliance requirements under subparagraph (F) constitutes noncompliance with this title. (ii) Indication of noncompliance The Executive Director shall post on the Dashboard, consistent with the requirements of subsection (b)(4)(B), all instances of agency noncompliance with permitting timetables described under subparagraphs (D) and (F). (iii) Quarterly report (I) In general The Executive Director shall include in the quarterly agency performance report submitted to Congress pursuant to section 41008(a)(2) all new and ongoing instances of agency noncompliance with subparagraphs (D) and (F). (II) Inclusion of project sponsor comments The Executive Director shall offer the relevant project sponsor of a covered project that is in noncompliance with subparagraph (D) or (F) the opportunity to provide for inclusion in the quarterly agency performance report submitted to Congress pursuant to section 41008(a)(2) the views of the project sponsor with respect to— (aa) the cause of delay and agency noncompliance; and (bb) ways to avoid those delays and noncompliance in the future. . (d) Reports (1) Reports to Congress (A) In general Section 41008 of the FAST Act ( 42 U.S.C. 4370m–7 ) is amended— (i) by striking the section designation and heading and all that follows through Not later than in subsection (a)(1)(A) and inserting the following: 41008. Reports to Congress (a) Executive Director annual report (1) In general Not later than ; (ii) by striking subsection (b); and (iii) in subsection (a)— (I) by redesignating paragraphs (2) and (3) as subsections (b) and (c), respectively, and indenting appropriately; and (II) in paragraph (1) (as so amended)— (aa) by striking Infrastructure Investment and Jobs Act and inserting Permitting Council Improvement Act of 2024 ; (bb) by striking fiscal year. and inserting the following: “fiscal year, which shall include— (i) a summary of permitting timetable trends for sectors described in section 41001(6)(A), including a description of contributing factors that affect project timelines; (ii) (I) descriptions of activities carried out by the Council in furtherance of its role as a Federal center for permitting excellence; and (II) an analysis of how those activities have affected Federal permitting processes and authorizations; (iii) a description of each transfer made under section 41009(c)(3), including the amount of funds transferred and to whom the funds were transferred; and (iv) any other information the Executive Director determines relevant to report on implementation of this title. ; (cc) by redesignating subparagraph (B) as paragraph (2) and indenting appropriately; and (dd) in paragraph (2) (as so redesignated), by striking subparagraph (A) and inserting paragraph (1) . (B) Clerical amendment The table of contents contained in section 1(b) of the FAST Act ( Public Law 114–94 ; 129 Stat. 1319) is amended by striking the item relating to section 41008 and inserting the following: Sec. 41008. Reports to Congress. . (2) One-time reports (A) Report on permitting workforce Not later than 18 months after the date of enactment of this Act, the Executive Director of the Federal Permitting Improvement Steering Council, in consultation with the Director of the Office of Personnel Management and the Director of the Office of Management and Budget, shall submit to Congress a report that— (i) assesses current and projected needs in human capital at Federal agencies responsible for issuing permits; and (ii) makes recommendations for how to improve the Federal permitting workforce. (B) Report on Dashboard Not later than 18 months after the date of enactment of this Act, the Executive Director of the Federal Permitting Improvement Steering Council, in coordination with the Secretary of Transportation and Administrator of General Services, shall submit to Congress a report that assesses, and makes recommendations on how to improve— (i) the usability of the Permitting Dashboard required under section 41003(b) of the FAST Act ( 42 U.S.C. 4370m–2(b) ); and (ii) the quality and usefulness of information on the Dashboard. (C) Inclusion in annual reports The reports required under subparagraphs (A) and (B) may be included in an annual report required to be submitted to Congress pursuant to subsection (a)(1) of section 41008 of the FAST Act ( 42 U.S.C. 4370m–7 ) (as amended by paragraph (1)(A)). (3) Repeal of GAO report (A) In general Section 41011 of the FAST Act ( 42 U.S.C. 4370m–10 ) is repealed. (B) Clerical amendment The table of contents contained in section 1(b) of the FAST Act ( Public Law 114–94 ; 129 Stat. 1319) is amended by striking the item relating to section 41011. (e) Funding for governance, oversight, and processing of environmental reviews and permits Section 41009 of the FAST Act ( 42 U.S.C. 4370m–8 ) is amended— (1) in subsection (a), by striking projects to reimburse the United States for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects. and inserting projects. ; (2) by striking subsections (b) and (c) and inserting the following: (b) Fee structure The fee structure established under subsection (a) shall— (1) enable the Executive Director to assess appropriate fees for each covered project based on relevant factors, including— (A) the total investment required for the covered project stated by the project sponsor in the notice of the initiation of a proposed covered project pursuant to section 41003(a)(1); (B) the anticipated complexity of the environmental review and authorization process for the covered project; and (C) the resources available to each participating agency to conduct environmental reviews and issue authorizations for the covered project; (2) be developed in consultation with affected project proponents, industries, and other stakeholders; (3) not exceed 1 percent of the total investment required for the covered project stated by the project sponsor in the notice of the initiation of a proposed covered project pursuant to section 41003(a)(1); and (4) exclude parties for which the fee would impose an undue financial burden or is otherwise determined to be inappropriate. ; (3) by redesignating subsections (d) through (f) as subsections (c) through (e), respectively; (4) in subsection (c) (as so redesignated)— (A) in paragraph (2), by inserting making investments to improve Federal environmental reviews and authorizations and supporting infrastructure permitting processes, after agency project managers, ; and (B) by striking paragraph (3) and inserting the following: (3) Transfer For the purpose of carrying out this title, the Executive Director, in consultation with the Director of the Office of Management and Budget, may transfer amounts in the Fund to other Federal agencies, State and local governments, Indian Tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )), Alaska Native Corporations, and Native Hawaiian organizations (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 )) (including the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs) to facilitate timely and efficient environmental reviews and authorizations, including activities described in paragraph (2), for covered projects and other projects in sectors described in section 41001(6)(A), including direct reimbursement agreements with agency CERPOs, reimbursable agreements, and approval and consultation processes and staff for covered projects and other projects in sectors described in section 41001(6)(A). (4) Authorization of appropriations (A) In general In addition to amounts deposited in the Fund under paragraph (1), there are authorized to be appropriated for deposit in the Fund— (i) for fiscal year 2025, $12,000,000; (ii) for fiscal year 2026, $13,500,000; (iii) for fiscal year 2027, $15,000,000; (iv) for fiscal year 2028, $16,500,000; (v) for fiscal year 2029, $18,000,000; (vi) for fiscal year 2030, $19,500,000; and (vii) for fiscal year 2031, $21,000,000. (B) Availability Amounts made available pursuant to subparagraph (A) shall remain available until expended. ; and (5) in subsection (d) (as so redesignated), by striking subsection (d) and inserting subsection (c) . (f) Savings clause modification Section 11503 of the FAST Act ( Public Law 114–94 ; 129 Stat. 1691) is amended— (1) by striking subsection (b); and (2) by redesignating subsection (c) as subsection (b). (g) Technical amendment The table of contents contained in section 1(b) of the FAST Act ( Public Law 114–94 ; 129 Stat. 1319) is amended by striking the item relating to section 41013.