Sec. 2. Federal permitting improvement

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 41001 of the FAST Act ( 42 U.S.C. 4370m ) is amended— 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 Federal Regulations (as in effect on the date of enactment of the ; Federal Permitting Reform and Jobs Act ). in paragraph (5), by striking Federal Infrastructure Permitting Improvement Steering Council and inserting Federal Permitting Improvement Steering Council ; and in paragraph (6)— in subparagraph (A), in the matter preceding clause (i), by inserting projects after infrastructure ; by striking subparagraph (B); by striking the paragraph designation and heading and all that follows through The term in subparagraph

(A)in the matter preceding clause

(i)and inserting the following: The term ; in clause (i), by striking (i)(I) is subject to NEPA; and inserting the following: is subject to NEPA; ; by redesignating clause

(ii)as subparagraph

(B)and indenting appropriately; in subparagraph

(A)(as so redesignated), by redesignating subclauses

(II)and

(III)as clauses

(ii)and (iii), respectively, and indenting appropriately; and in subparagraph

(B)(as so redesignated), by redesignating subclauses

(I)and

(II)as clauses

(i)and (ii), respectively, and indenting appropriately. Section 41003 of the FAST Act ( 42 U.S.C. 4370m–2 ) is amended— in subsection (a)(3)(A), in the matter preceding clause (i), by inserting and the Executive Director after as applicable, ; in subsection (b)(2)— by striking 14 days each place it appears and inserting 14 business days ; and in subparagraph (A)(ii), by inserting completed before notice ; in subsection (c)— in paragraph (1)(B), by adding at the end the following: A checklist— to help project sponsors identify potential natural, cultural, and historic resources in the area of the project; and the purposes of which are— to identify agencies and organizations that can provide information about natural, cultural, and historic resources; and to develop the information needed to determine the range of alternatives. In the case of a tiered project review, a description of the relationship between any applicable programmatic analysis and the planned tiered environmental review. ; and in paragraph (2)— in subparagraph (A)— by striking As part of the coordination project plan and inserting the following: In accordance with clause

(ii)and as part of the coordinated project plan ; and by adding at the end the following: The permitting timetable established under clause

(i)shall provide for the completion of the permitting process within 2 years. If the facilitating agency or lead agency, as applicable, determines that the permitting process cannot be completed within 2 years, the coordinated project plan under paragraph

(1)shall include— the specific reasons why the facilitating agency or lead agency, as applicable, anticipates that the permitting process will take longer than 2 years; and 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 permitting process. ; and in subparagraph (F)(ii)— in the matter preceding subclause (I), by striking or is at significant risk of failing to conform with and inserting or reasonably believes the agency will fail to conform with a completion date 30 days before ; and in subclause (I), by striking significantly risking failing to conform and inserting reasonably believing the agency will fail to conform ; in subsection (d)— by redesignating paragraphs

(1)through

(3)as subparagraphs

(A)through (C), respectively, and indenting appropriately; and by striking the matter preceding subparagraph

(A)(as so redesignated) and inserting the following: 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. 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 request shall provide to the project sponsor information concerning— ; and by striking subsection

(f)and inserting the following: 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 participating agency to facilitate the environmental review and authorization process in accordance with this subsection, including by— mediating and resolving disputes; promoting early coordination among the agencies; and taking such actions as may be established pursuant to paragraph (2). The Executive Director, in consultation with the Director of the Office of Management and Budget and the Chair of the Council on Environmental Quality, may establish policies and procedures as appropriate to carry out the facilitation under paragraph (1). If the Executive 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. 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 subsection. . Section 41005(b) of the FAST Act ( 42 U.S.C. 4370m–4(b) ) is amended— by striking

(1); State environmental documents; supplemental documents .— by redesignating subparagraphs

(A)through

(E)as paragraphs

(1)through (5), respectively, and indenting appropriately; in paragraph

(1)(as so redesignated), by redesignating clauses

(i)and

(ii)as subparagraphs

(A)and (B), respectively, and indenting appropriately; in paragraph

(2)(as so redesignated), by striking subparagraph

(A)each place it appears and inserting paragraph

(1); in paragraph

(3)(as so redesignated)— in the matter preceding clause (i), by striking subparagraph

(A)and inserting paragraph

(1); and by redesignating clauses

(i)and

(ii)as subparagraphs

(A)and (B), respectively, and indenting appropriately; in paragraph

(4)(as so redesignated)— in the matter preceding clause (i), by striking subparagraph

(C)and inserting paragraph

(3); and by redesignating clauses

(i)and

(ii)as subparagraphs

(A)and (B), respectively, and indenting appropriately; and in paragraph

(5)(as so redesignated)— by striking subparagraph

(A)and inserting paragraph

(1); and by striking subparagraph

(C)and inserting paragraph

(3). Section 41007 of the FAST Act ( 42 U.S.C. 4370m–6 ) is amended— in subsection (a)(1)— in subparagraph (A)— by striking the action and inserting the claim ; and by striking of the final record of decision or approval or denial of a permit and inserting of notice of final agency action on the authorization ; and in subparagraph (B)(i), by striking the action and inserting the claim ; and in subsection (e), in the matter preceding paragraph (1), by striking this section and inserting this title . Section 41008(a)(2) of the FAST Act ( 42 U.S.C. 4370m–7(a)(2) ) is amended— in the matter preceding subparagraph (A), by striking based on and all that follows through including and inserting , including ; in subparagraph (A), by striking those best practices and inserting the best practices described in section 41002(c)(2)(B) ; in subparagraph (B), by striking the period at the end and inserting ; and ; and by adding at the end the following: agency compliance with sections 41003 through 41006. . Section 41009 of the FAST Act ( 42 U.S.C. 4370m–8 ) is amended— by striking subsection

(a)and inserting the following: 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 Management and Budget, may, after public notice and opportunity 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. ; in subsection (b), by striking and 41003 and inserting through 41008 ; and in subsection (d)(3)— by striking The Executive Director and inserting For the purpose of carrying out this title, the Executive Director ; and by inserting and other projects under this title before the period at the end. Section 41013 of the FAST Act ( 42 U.S.C. 4370m–12 ) is repealed. Section 11503(b) of the FAST Act ( 42 U.S.C. 4370m note; Public Law 114–94 ) is repealed. 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 .

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