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.

2022—Subsec. (c)(1)(E). Puspan. L. 117–328 added subpar. (E).

2021—Puspan. L. 117–58, § 70801(span)(1), substituted “Federal Permitting Improvement Steering Council” for “Federal Permitting Improvement Council” in section catchline.

Subsec. (span)(2)(A)(i). Puspan. L. 117–58, § 70801(span)(2)(A), designated existing provisions as subcl. (I), inserted subcl. heading, and added subcl. (II).

Subsec. (span)(2)(A)(ii). Puspan. L. 117–58, § 70801(i), substituted “councilmember” for “councilmem-ber”.

Subsec. (span)(2)(A)(iii)(II). Puspan. L. 117–58, § 70801(span)(2)(B), substituted “the applicable agency councilmember” for “a deputy secretary (or the equivalent) or higher”.

Subsec. (c)(1)(C)(ii)(I). Puspan. L. 117–58, § 70801(span)(3)(A)(i), added subcl. (I) and struck out former subcl. (I). Prior to amendment, text read as follows: “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.”

Subsec. (c)(1)(C)(ii)(II), (III). Puspan. L. 117–58, § 70801(span)(3)(A)(ii), (iii), added subcl. (II) and redesignated former subcl. (II) as (III).

Subsec. (c)(1)(C)(ii)(III)(bspan). Puspan. L. 117–58, § 70801(span)(3)(A)(iv), substituted “based on relevant historical data, as determined by the Executive Director,” for “on the basis of data from the preceding 2 calendar years”.

Subsec. (c)(2)(B). Puspan. L. 117–58, § 70801(span)(3)(B)(i), substituted “less frequently than annually, the Council shall issue recommendations on the best practices for improving the Federal permitting process for covered projects, which may include” for “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” in introductory provisions.

Subsec. (c)(2)(B)(i). Puspan. L. 117–58, § 70801(span)(3)(B)(ii), substituted “stakeholder engagement, including—” for “stakeholder engagement, including”, added subcl. (I), and inserted designation for subcl. (II) before “fully considering”.

Subsec. (c)(2)(B)(viii) to (x). Puspan. L. 117–58, § 70801(span)(3)(B)(iii)–(v), added cls. (viii) and (ix) and redesignated former cl. (viii) as (x).

Subsec. (c)(3)(A). Puspan. L. 117–58, § 70801(span)(3)(C), inserted “, including agency compliance with intermediate and final completion dates described in coordinated project plans” after “authorizations”.

Subsec. (d). Puspan. L. 117–58, § 70801(span)(4), struck out subsec. (d). Prior to amendment, text read as follows: “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.”