---
kind: "section"
citation: "42 U.S.C. § 4370m–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "4370m–1"
heading: "Federal Permitting Improvement Steering Council"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/4370m-1"
units:
  - "Chapter 55 — National Environmental Policy"
  - "Subchapter IV — Federal Permitting Improvement"
---

# §4370m–1. Federal Permitting Improvement Steering Council

- (a) **Establishment—** There is established the Federal Permitting Improvement Steering [Council](/usc/42/4336e.md?p=3).
- (b) **Composition—**
  - (1) **Chair—** The [Executive Director](/usc/42/4370m.md?p=12) shall—
    - (A) be appointed by the President; and
    - (B) serve as Chair of the [Council](/usc/42/4336e.md?p=3).
  - (2) **Council members—**
    - (A) **In general—**
      - (i) **Designation by head of agency—**
        - (I) **In general—** Each individual listed in [subparagraph (B)](#b-2-B) shall designate a member of the [agency](/usc/42/4370m.md?p=1) in which the individual serves to serve on the [Council](/usc/42/4336e.md?p=3).
        - (II) **Redesignation—** If an individual listed in [subparagraph (B)](#b-2-B) designates a different member to serve on the [Council](/usc/42/4336e.md?p=3) than the member designated under [subclause (I)](#b-2-A-i-I), the individual shall notify the [Executive Director](/usc/42/4370m.md?p=12) of the designation by not later than 30 days after the date on which the designation is made.
      - (ii) **Qualifications—** A councilmember described in [clause (i)](#b-2-A-i) shall hold a position in the [agency](/usc/42/4370m.md?p=1) of deputy [secretary](/usc/42/242q–4.md?p=2) (or the equivalent) or higher.
      - (iii) **Support—**
        - (I) **In general—** Consistent with guidance provided by the [Director](/usc/42/11851.md?p=5) of the Office of Management and Budget, each individual listed in [subparagraph (B)](#b-2-B) shall designate 1 or more appropriate members of the [agency](/usc/42/4370m.md?p=1) in which the individual serves to serve as an [agency CERPO](/usc/42/4370m.md?p=2).
        - (II) **Reporting—** In carrying out the duties of the [agency CERPO](/usc/42/4370m.md?p=2) under this subchapter, an [agency CERPO](/usc/42/4370m.md?p=2) shall report directly to the applicable [agency](/usc/42/4370m.md?p=1) councilmember.
    - (B) **Heads of agencies—** The individuals that shall each designate a councilmember under this subparagraph are as follows:
      - (i) The [Secretary](/usc/42/242q–4.md?p=2) of Agriculture.
      - (ii) The [Secretary](/usc/42/242q–4.md?p=2) of the Army.
      - (iii) The [Secretary](/usc/42/242q–4.md?p=2) of Commerce.
      - (iv) The [Secretary](/usc/42/242q–4.md?p=2) of the Interior.
      - (v) The [Secretary](/usc/42/242q–4.md?p=2) of Energy.
      - (vi) The [Secretary](/usc/42/242q–4.md?p=2) of Transportation.
      - (vii) The [Secretary](/usc/42/242q–4.md?p=2) of Defense.
      - (viii) The [Administrator](/usc/42/4005.md?p=1) of the Environmental Protection [Agency](/usc/42/4370m.md?p=1).
      - (ix) The Chairman of the Federal Energy Regulatory Commission.
      - (x) The Chairman of the Nuclear Regulatory Commission.
      - (xi) The [Secretary](/usc/42/242q–4.md?p=2) of Homeland Security.
      - (xii) The [Secretary](/usc/42/242q–4.md?p=2) of Housing and Urban Development.
      - (xiii) The Chairman of the Advisory [Council](/usc/42/4336e.md?p=3) on Historic Preservation.
      - (xiv) Any other head of a Federal [agency](/usc/42/4370m.md?p=1) that the [Executive Director](/usc/42/4370m.md?p=12) may invite to participate as a member of the [Council](/usc/42/4336e.md?p=3).
  - (3) **Additional members—** In addition to the members listed in paragraphs [(1)](#b-1) and [(2)](#b-2), the Chairman of the [Council](/usc/42/4336e.md?p=3) on Environmental Quality and the [Director](/usc/42/11851.md?p=5) of the Office of Management and Budget shall also be members of the [Council](/usc/42/4336e.md?p=3).
- (c) **Duties—**
  - (1) **Executive Director—**
    - (A) **Inventory development—** The [Executive Director](/usc/42/4370m.md?p=12), in consultation with the [Council](/usc/42/4336e.md?p=3), shall—
      - (i) not later than 180 days after December 4, 2015, establish an [inventory](/usc/42/4370m.md?p=14) of [covered projects](/usc/42/4370m.md?p=6-A) that are pending the [environmental review](/usc/42/4370m.md?p=11) or [authorization](/usc/42/4370m.md?p=3) of the head of any Federal [agency](/usc/42/4370m.md?p=1);
      - (ii)
        - (I) categorize the [projects](/usc/42/13641.md?p=2) in the [inventory](/usc/42/4370m.md?p=14) as appropriate, based on sector and [project](/usc/42/13641.md?p=2) type; and
        - (II) for each category, identify the types of [environmental reviews](/usc/42/4370m.md?p=11) and [authorizations](/usc/42/4370m.md?p=3) most commonly involved; and
      - (iii) add a [covered project](/usc/42/4370m.md?p=6-A) to the [inventory](/usc/42/4370m.md?p=14) after receiving a notice described in [section 4370m–2(a)(1) of this title](/usc/42/4370m–2.md?p=a-1).
    - (B) **Facilitating agency designation—** The [Executive Director](/usc/42/4370m.md?p=12), in consultation with the [Council](/usc/42/4336e.md?p=3), shall—
      - (i) designate a [facilitating agency](/usc/42/4370m.md?p=13) for each category of [covered projects](/usc/42/4370m.md?p=6-A) described in [subparagraph (A)(ii)](#c-1-A-ii); and
      - (ii) publish the list of designated [facilitating agencies](/usc/42/4370m.md?p=13) for each category of [projects](/usc/42/13641.md?p=2) in the [inventory](/usc/42/4370m.md?p=14) on the [Dashboard](/usc/42/4370m.md?p=7) in an easily accessible format.
    - (C) **Performance schedules—**
      - (i) **In general—** Not later than 1 year after December 4, 2015, the [Executive Director](/usc/42/4370m.md?p=12), in consultation with the [Council](/usc/42/4336e.md?p=3), shall develop recommended performance schedules, including intermediate and final completion dates, for [environmental reviews](/usc/42/4370m.md?p=11) and [authorizations](/usc/42/4370m.md?p=3) most commonly required for each category of [covered projects](/usc/42/4370m.md?p=6-A) described in [subparagraph (A)(ii)](#c-1-A-ii).
      - (ii) **Requirements—**
        - (I) **In general—** The performance schedules shall reflect employment of the most sound and efficient applicable processes, including the alignment of Federal reviews of [projects](/usc/42/13641.md?p=2), reduction of permitting and [project](/usc/42/13641.md?p=2) delivery time, and consideration of the best [practices](/usc/42/17061.md?p=19) for public participation.
        - (II) **Goal—**
          - (aa) **In general—** To the maximum extent practicable, and consistent with applicable Federal law, the [Executive Director](/usc/42/4370m.md?p=12), in consultation with the [Council](/usc/42/4336e.md?p=3), shall aim to develop recommended performance schedules under [clause (i)](#c-1-C-i) of not more than 2 years.
          - (bb) **Exception—** If a recommended performance schedule developed under [clause (i)](#c-1-C-i) exceeds 2 years, the relevant [agencies](/usc/42/4370m.md?p=1), in consultation with the [Executive Director](/usc/42/4370m.md?p=12) and the [Council](/usc/42/4336e.md?p=3), shall explain in that recommended performance schedule the factors that cause the [environmental reviews](/usc/42/4370m.md?p=11) and [authorizations](/usc/42/4370m.md?p=3) in that category of [covered projects](/usc/42/4370m.md?p=6-A) to take longer than 2 years.
        - (III) **Limit—**
          - (aa) **In general—** The final completion dates in any performance schedule for the completion of an [environmental review](/usc/42/4370m.md?p=11) or [authorization](/usc/42/4370m.md?p=3) under [clause (i)](#c-1-C-i) shall not exceed the average time to complete an [environmental review](/usc/42/4370m.md?p=11) or [authorization](/usc/42/4370m.md?p=3) for a [project](/usc/42/13641.md?p=2) within that category.
          - (bb) **Calculation of average time—** The average time referred to in [item (aa)](#c-1-C-ii-III-aa) shall be calculated based on relevant historical data, as determined by the [Executive Director](/usc/42/4370m.md?p=12), and shall run from the period beginning on the date on which the [Executive Director](/usc/42/4370m.md?p=12) must make a specific entry for the [project](/usc/42/13641.md?p=2) on the [Dashboard](/usc/42/4370m.md?p=7) under [section 4370m–2(b)(2) of this title](/usc/42/4370m–2.md?p=b-2) (except that, for [projects](/usc/42/13641.md?p=2) 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](/usc/42/4370m.md?p=1) action on the review or [authorization](/usc/42/4370m.md?p=3).
          - (cc) **Completion date—** Each performance schedule shall specify that any decision by an [agency](/usc/42/4370m.md?p=1) on an [environmental review](/usc/42/4370m.md?p=11) or [authorization](/usc/42/4370m.md?p=3) must be issued not later than 180 days after the date on which all information needed to complete the review or [authorization](/usc/42/4370m.md?p=3) (including any hearing that an [agency](/usc/42/4370m.md?p=1) holds on the matter) is in the possession of the [agency](/usc/42/4370m.md?p=1).
      - (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](/usc/42/4370m.md?p=12), in consultation with the [Council](/usc/42/4336e.md?p=3), shall review and revise the performance schedules.
    - (D) **Guidance—** The [Executive Director](/usc/42/4370m.md?p=12), in consultation with the [Council](/usc/42/4336e.md?p=3), may recommend to the [Director](/usc/42/11851.md?p=5) of the Office of Management and Budget or to the [Council](/usc/42/4336e.md?p=3) on Environmental Quality, as appropriate, that guidance be issued as necessary for [agencies](/usc/42/4370m.md?p=1)—
      - (i) to carry out responsibilities under this subchapter; and
      - (ii) to effectuate the adoption by [agencies](/usc/42/4370m.md?p=1) of the best [practices](/usc/42/17061.md?p=19) and recommendations of the [Council](/usc/42/4336e.md?p=3) described in [paragraph (2)](#c-2).
    - (E) **Personnel—** The [Executive Director](/usc/42/4370m.md?p=12) of the [Council](/usc/42/4336e.md?p=3) may appoint and fix the compensation of such employees as the [Executive Director](/usc/42/4370m.md?p=12) considers necessary to carry out the roles and responsibilities of the [Executive Director](/usc/42/4370m.md?p=12).
  - (2) **Council—**
    - (A) **Recommendations—**
      - (i) **In general—** The [Council](/usc/42/4336e.md?p=3) shall make recommendations to the [Executive Director](/usc/42/4370m.md?p=12) with respect to the designations under [paragraph (1)(B)](#c-1-B) and the performance schedules under [paragraph (1)(C)](#c-1-C).
      - (ii) **Update—** The [Council](/usc/42/4336e.md?p=3) may update the recommendations described in [clause (i)](#c-2-A-i).
    - (B) **Best practices—** Not less frequently than annually, the [Council](/usc/42/4336e.md?p=3) shall issue recommendations on the best [practices](/usc/42/17061.md?p=19) for improving the Federal permitting process for [covered projects](/usc/42/4370m.md?p=6-A), which may include—
      - (i) enhancing early stakeholder engagement, including—
        - (I) engaging with Native American stakeholders to ensure that [project sponsors](/usc/42/4370m.md?p=18) and [agencies](/usc/42/4370m.md?p=1) identify potential natural, archeological, and cultural resources and locations of historic and religious significance in the area of a [covered project](/usc/42/4370m.md?p=6-A); and
        - (II) fully considering and, as appropriate, incorporating recommendations provided in public comments on any proposed [covered project](/usc/42/4370m.md?p=6-A);
      - (ii) ensuring timely decisions regarding [environmental reviews](/usc/42/4370m.md?p=11) and [authorizations](/usc/42/4370m.md?p=3), 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](/usc/42/4370m.md?p=1);
      - (iv) increasing transparency;
      - (v) reducing information collection requirements and other administrative burdens on [agencies](/usc/42/4370m.md?p=1), [project sponsors](/usc/42/4370m.md?p=18), 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](/usc/42/2021b.md?p=14), tribal, and local permitting officials;
      - (viii) in coordination with the [Executive Director](/usc/42/4370m.md?p=12), improving preliminary engagement with [project sponsors](/usc/42/4370m.md?p=18) in developing coordinated [project](/usc/42/13641.md?p=2) plans;
      - (ix) using programmatic assessments, templates, and other tools based on the best available science and data; and
      - (x) addressing other aspects of infrastructure permitting, as determined by the [Council](/usc/42/4336e.md?p=3).
    - (C) **Meetings—** The [Council](/usc/42/4336e.md?p=3) shall meet not less frequently than annually with groups or individuals representing [State](/usc/42/2021b.md?p=14), tribal, and local governments that are engaged in the infrastructure permitting process.
  - (3) **Agency CERPOs—** An [agency CERPO](/usc/42/4370m.md?p=2) shall—
    - (A) advise the respective [agency](/usc/42/4370m.md?p=1) councilmember on matters related to [environmental reviews](/usc/42/4370m.md?p=11) and [authorizations](/usc/42/4370m.md?p=3), including [agency](/usc/42/4370m.md?p=1) compliance with intermediate and final completion dates described in coordinated [project](/usc/42/13641.md?p=2) plans;
    - (B) provide technical support, when requested to facilitate efficient and timely processes for [environmental reviews](/usc/42/4370m.md?p=11) and [authorizations](/usc/42/4370m.md?p=3) for [covered projects](/usc/42/4370m.md?p=6-A) under the jurisdictional responsibility of the [agency](/usc/42/4370m.md?p=1), including supporting timely identification and resolution of potential disputes within the [agency](/usc/42/4370m.md?p=1) or between the [agency](/usc/42/4370m.md?p=1) and other Federal [agencies](/usc/42/4370m.md?p=1);
    - (C) analyze [agency](/usc/42/4370m.md?p=1) [environmental review](/usc/42/4370m.md?p=11) and [authorization](/usc/42/4370m.md?p=3) processes, policies, and authorities and make recommendations to the respective [agency](/usc/42/4370m.md?p=1) 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)](#c-1-D) and other best [practices](/usc/42/17061.md?p=19), including the use of information technology and geographic information system tools within the [agency](/usc/42/4370m.md?p=1) and across [agencies](/usc/42/4370m.md?p=1), to the extent consistent with existing law; and
    - (D) review and develop training programs for [agency](/usc/42/4370m.md?p=1) staff that support and conduct [environmental reviews](/usc/42/4370m.md?p=11) or [authorizations](/usc/42/4370m.md?p=3).

## Source credit

(Pub. L. 114–94, div. D, title XLI, § 41002, Dec. 4, 2015, 129 Stat. 1743; Pub. L. 117–58, div. G, title VIII, § 70801(b), (i), Nov. 15, 2021, 135 Stat. 1288, 1294; Pub. L. 117–328, div. E, title VI, § 635(a), Dec. 29, 2022, 136 Stat. 4703.)

## Notes

### Editorial Notes

### Codification

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.

### Amendments

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

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

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

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

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

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

Subsec. (c)(1)(C)(ii)(III)(bb). Pub. L. 117–58, § 70801(b)(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). Pub. L. 117–58, § 70801(b)(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). Pub. L. 117–58, § 70801(b)(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). Pub. L. 117–58, § 70801(b)(3)(B)(iii)–(v), added cls. (viii) and (ix) and redesignated former cl. (viii) as (x).

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

Subsec. (d). Pub. L. 117–58, § 70801(b)(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.”