(DAILY CALLER OBTAINED) - Federal Permitting Modernization Act
(DAILY CALLER OBTAINED) - Federal Permitting Modernization Act
(DAILY CALLER OBTAINED) - Federal Permitting Modernization Act
S. ll
118TH CONGRESS
1ST SESSION
To amend the FAST Act to improve the Federal permitting process, and
for other purposes.
A BILL
To amend the FAST Act to improve the Federal permitting
process, and for other purposes.
2
1 (1) in subsection (b)(4)(A), by striking ‘‘or (C)’’
2 and inserting ‘‘or (D)’’; and
3 (2) in subsection (c)(2)—
4 (A) in subparagraph (A), by striking ‘‘sub-
5 paragraph (C)’’ and inserting ‘‘subparagraph
6 (D)’’;
7 (B) by redesignating subparagraphs (B)
8 through (G) as subparagraphs (C) through (H),
9 respectively;
10 (C) by inserting after subparagraph (A)
11 the following:
12 ‘‘(B) NOTICE OF INTENT AND SCOPING.—
3
1 intent required under clause (i) and the
2 permitting timetable under subparagraph
3 (A) shall provide for a public scoping pe-
4 riod of not longer than 60 days, which
5 shall begin not later than 30 days after the
6 date on which the notice of intent is pub-
7 lished.’’;
8 (D) in clause (i)(IV) of subparagraph (E)
9 (as so redesignated), by striking ‘‘subparagraph
10 (B)’’ and inserting ‘‘subparagraph (C)’’;
11 (E) in clause (i) of subparagraph (G) (as
12 so redesignated), by striking ‘‘subparagraph
13 (D)’’ and inserting ‘‘subparagraph (E)’’; and
14 (F) in clause (iii) of subparagraph (H) (as
15 so redesignated), by striking ‘‘subparagraph
16 (F)’’ and inserting ‘‘subparagraph (G)’’.
17 (b) COORDINATION OF REQUIRED REVIEWS.—Sec-
18 tion 41005 of the FAST Act (42 U.S.C. 4370m–4) is
19 amended—
20 (1) by redesignating subsections (f) and (g) as
21 subsections (g) and (h), respectively; and
22 (2) by inserting after subsection (e) the fol-
23 lowing:
24 ‘‘(f) FINAL ENVIRONMENTAL IMPACT STATEMENT.—
KAT23055 8SL S.L.C.
4
1 ‘‘(1) INCORPORATION OF COMMENTS AND PUB-
5
1 ‘‘(iii) approves and adopts the envi-
2 ronmental impact statement.
3 ‘‘(B) APPROVAL AND ADOPTION OF DRAFT
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1 ‘‘(ii) allow the project sponsor to re-
2 submit the draft detailed statement in ac-
3 cordance with subparagraph (B).
4 ‘‘(D) SAVINGS PROVISION.—The proce-
5 dures under this paragraph shall not relieve any
6 agency of—
7 ‘‘(i) any responsibilities for the scope,
8 objectivity, and content of an environ-
9 mental impact statement; or
10 ‘‘(ii) any other responsibility under
11 NEPA.’’.
12 (c) PRELIMINARY INJUNCTIVE RELIEF IN NEPA AC-
13 TIONS.—Section 41007 of the FAST Act (42 U.S.C.
14 4370m–6) is amended—
15 (1) by redesignating subsections (c) through (e)
16 as subsections (d) through (f), respectively;
17 (2) in subsection (b), in the matter preceding
18 paragraph (1), by striking ‘‘In addition’’ and insert-
19 ing ‘‘Subject to subsection (c), in addition’’; and
20 (3) by inserting after subsection (b) the fol-
21 lowing:
22 ‘‘(c) PRELIMINARY INJUNCTIVE RELIEF IN NEPA
23 ACTIONS.—In the case of an action pertaining to an envi-
24 ronmental review conducted under NEPA, a court shall
25 not issue a temporary restraining order or preliminary in-
KAT23055 8SL S.L.C.
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1 junction against an agency or a project sponsor in connec-
2 tion with the review or authorization of a covered project
3 unless the court, in the discretion of the court, determines
4 that—
5 ‘‘(1) the environmental review has failed sub-
6 stantially and materially to comply with the require-
7 ments of NEPA; and
8 ‘‘(2) the failure described in paragraph (1) can-
9 not be cured by supplementing the environmental
10 document or other mitigation and monitoring meas-
11 ures.’’.