SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT
§4370m. Definitions
In this subchapter:
(1) Agency
The term "agency" has the meaning given the term in
(2) Agency CERPO
The term "agency CERPO" means the chief environmental review and permitting officer of an agency, as designated by the head of the agency under
(3) Authorization
The term "authorization" means any license, permit, approval, finding, determination, or other administrative decision issued by an agency and any interagency consultation that is required or authorized under Federal law in order to site, construct, reconstruct, or commence operations of a covered project administered by a Federal agency or, in the case of a State that chooses to participate in the environmental review and authorization process in accordance with
(4) Cooperating agency
The term "cooperating agency" has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).
(5) Council
The term "Council" means the Federal Permitting Improvement Steering Council established under
(6) Covered project
(A) In general
The term "covered project" means any activity in the United States that requires authorization or environmental review by a Federal agency involving construction of infrastructure for renewable or conventional energy production, electricity transmission, surface transportation, aviation, ports and waterways, water resource projects, broadband, pipelines, manufacturing, semiconductors, artificial intelligence and machine learning, high-performance computing and advanced computer hardware and software, quantum information science and technology, data storage and data management, cybersecurity, carbon capture, energy storage, or any other sector as determined by a majority vote of the Council that—
(i)(I) is subject to NEPA;
(II) is likely to require a total investment of more than $200,000,000; and
(III) does not qualify for abbreviated authorization or environmental review processes under any applicable law;
(ii) is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines;
(iii) is—
(I) subject to NEPA;
(II) sponsored by an Indian Tribe (as defined in
(III) located on land owned or under the jurisdiction of the entity that sponsors the activity under subclause (II); or
(iv) is subject to NEPA and the size and complexity of which, in the opinion of the Council, make the project likely to benefit from enhanced oversight and coordination, including a project likely to require—
(I) authorization from or environmental review involving more than 2 Federal agencies; or
(II) the preparation of an environmental impact statement under NEPA.
(B) Exclusion
The term "covered project" does not include—
(i) any project subject to
(ii) any project subject to
(C) Inclusion
For purposes of subparagraph (A), construction of infrastructure for carbon capture includes construction of—
(i) any facility, technology, or system that captures, utilizes, or sequesters carbon dioxide emissions, including projects for direct air capture (as defined in paragraph (6)(B)(i) of
(ii) carbon dioxide pipelines.
(7) Dashboard
The term "Dashboard" means the Permitting Dashboard required under
(8) Environmental assessment
The term "environmental assessment" has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).
(9) Environmental document
(A) In general
The term "environmental document" means an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision.
(B) Inclusions
The term "environmental document" includes—
(i) any document that is a supplement to a document described in subparagraph (A); and
(ii) a document prepared pursuant to a court order.
(10) Environmental impact statement
The term "environmental impact statement" means the detailed written statement required under section 102(2)(C) of NEPA [
(11) Environmental review
The term "environmental review" means the agency procedures and processes for applying a categorical exclusion or for preparing an environmental assessment, an environmental impact statement, or other document required under NEPA.
(12) Executive Director
The term "Executive Director" means the Executive Director appointed by the President under
(13) Facilitating agency
The term "facilitating agency" means the agency that receives the initial notification from the project sponsor required under
(14) Inventory
The term "inventory" means the inventory of covered projects established by the Executive Director under
(15) Lead agency
The term "lead agency" means the agency with principal responsibility for an environmental review of a covered project under NEPA and parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations).
(16) NEPA
The term "NEPA" means the National Environmental Policy Act of 1969 (
(17) Participating agency
The term "participating agency" means an agency participating in an environmental review or authorization for a covered project in accordance with
(18) Project sponsor
The term "project sponsor" means an entity, including any private, public, or public-private entity, seeking an authorization for a covered project.
(
Editorial Notes
References in Text
The National Environmental Policy Act of 1969 or NEPA, referred to in pars. (6)(A), (11), and (15) and defined in (16), is
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
2023—Par. (6)(A).
2022—Par. (6)(A).
2021—Par. (3).
Par. (4).
"(A) jurisdiction under Federal law; or
"(B) special expertise as described in section 1501.6 of title 40, Code of Federal Regulations (as in effect on December 4, 2015)."
Par. (5).
Par. (6)(A)(iii), (iv).
Par. (8).
2020—Par. (6)(A).
Par. (6)(A)(ii), (iii).
Par. (6)(C).
Statutory Notes and Related Subsidiaries
Savings Clause
"(1) programs administered now and in the future by the Department of Transportation or its operating administrations under title 23, 46, or 49, United States Code, including direct loan and loan guarantee programs, or other Federal statutes or programs or projects administered by an agency pursuant to their authority under
"(2) any project subject to section 2045 of the Water Resources Development Act of 2007 (
Development of Carbon Capture, Utilization, and Sequestration Report, Permitting Guidance, and Regional Permitting Task Force
"(A)
"(i)
"(ii)
"(B)
"(i)
"(I) compiles all existing relevant Federal permitting and review information and resources for project applicants, agencies, and other stakeholders interested in the deployment and impact of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, including—
"(aa) the appropriate points of interaction with Federal agencies;
"(bb) clarification of the permitting responsibilities and authorities among Federal agencies; and
"(cc) best practices and templates for permitting in an efficient, orderly, and responsible manner, including through improved staff capacity and training at Federal permitting agencies;
"(II) inventories current or emerging activities that transform captured carbon dioxide into a product of commercial value, or as an input to products of commercial value;
"(III) inventories existing initiatives and recent publications that analyze or identify priority carbon dioxide pipelines needed to enable efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects at increased scale;
"(IV) identifies gaps in the current Federal regulatory framework for the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines;
"(V) identifies Federal financing mechanisms available to project developers; and
"(VI) identifies public engagement opportunities through existing laws, including under the National Environmental Policy Act of 1969 (
"(ii)
"(I) submit the report under clause (i) to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce, the Committee on Natural Resources, and the Committee on Transportation and Infrastructure of the House of Representatives; and
"(II) as soon as practicable, make the report publicly available.
"(C)
"(i)
"(I) facilitates reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; and
"(II) supports the efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.
"(ii)
"(I)
"(aa) the National Environmental Policy Act of 1969 (
"(bb) the Federal Water Pollution Control Act (
"(cc) the Clean Air Act (
"(dd) the Safe Drinking Water Act (
"(ee) the Endangered Species Act of 1973 (
"(ff) division A of subtitle III of
"(gg) the Migratory Bird Treaty Act (
"(hh) the Act of June 8, 1940 (
"(ii)
"(jj) any other Federal law that the Chair determines to be appropriate.
"(II)
"(III)
"(iii)
"(I) submit the guidance under clause (i) to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce, the Committee on Natural Resources, and the Committee on Transportation and Infrastructure of the House of Representatives; and
"(II) as soon as practicable, make the guidance publicly available.
"(iv)
"(I) periodically evaluate the reports of the task forces under subparagraph (D)(v) and, as necessary, revise the guidance under clause (i); and
"(II) each year, submit to the Committee on Environment and Public Works of the Senate, the Committee on Energy and Commerce, the Committee on Natural Resources, and the Committee on Transportation and Infrastructure of the House of Representatives, and relevant Federal agencies a report that describes any recommendations for rules, revisions to rules, or other policies that would address the issues identified by the task forces under subparagraph (D)(v).
"(D)
"(i)
"(I) to identify permitting and other challenges and successes that permitting authorities and project developers and operators face in permitting projects in an efficient, orderly, and responsible manner; and
"(II) to improve the performance of the permitting process and regional coordination for the purpose of promoting the efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.
"(ii)
"(I)
"(aa) develop criteria for the selection of members to each task force; and
"(bb) select members for each task force in accordance with item (aa) and subclause (II).
"(II)
"(aa) shall include not less than 1 representative of each of—
"(AA) the Environmental Protection Agency;
"(BB) the Department of Energy;
"(CC) the Department of the Interior;
"(DD) the Pipeline and Hazardous Materials Safety Administration;
"(EE) any other Federal agency the Chair determines to be appropriate;
"(FF) any State that requests participation in the geographical area covered by the task force;
"(GG) developers or operators of carbon capture, utilization, and sequestration projects or carbon dioxide pipelines; and
"(HH) nongovernmental membership organizations, the primary mission of which concerns protection of the environment;
"(bb) at the request of a Tribal or local government, may include a representative of—
"(AA) not less than 1 local government in the geographical area covered by the task force; and
"(BB) not less than 1 Tribal government in the geographical area covered by the task force; and
"(cc) shall include 1 expert in each of the following fields—
"(AA) health and environmental effects, including exposure evaluation; and
"(BB) pipeline safety.
"(iii)
"(I)
"(II)
"(iv)
"(I) inventory existing or potential Federal and State approaches to facilitate reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, including best practices that—
"(aa) avoid duplicative reviews to the extent permitted by law;
"(bb) engage stakeholders early in the permitting process; and
"(cc) make the permitting process efficient, orderly, and responsible;
"(II) develop common models for State-level carbon dioxide pipeline regulation and oversight guidelines that can be shared with States in the geographical area covered by the task force;
"(III) provide technical assistance to States in the geographical area covered by the task force in implementing regulatory requirements and any models developed under subclause (II);
"(IV) inventory current or emerging activities that transform captured carbon dioxide into a product of commercial value, or as an input to products of commercial value;
"(V) identify any priority carbon dioxide pipelines needed to enable efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects at increased scale;
"(VI) identify gaps in the current Federal and State regulatory framework and in existing data for the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines;
"(VII) identify Federal and State financing mechanisms available to project developers; and
"(VIII) develop recommendations for relevant Federal agencies on how to develop and research technologies that—
"(aa) can capture carbon dioxide; and
"(bb) would be able to be deployed within the region covered by the task force, including any projects that have received technical or financial assistance for research under paragraph (6) of section 103(g) of the Clean Air Act (
"(v)
"(I) any recommendations for improvements in efficient, orderly, and responsible issuance or administration of Federal permits and other Federal authorizations required under a law described in subparagraph (C)(ii)(I); and
"(II) any other nationally relevant information that the task force has collected in carrying out the duties under clause (iv).
"(vi)
"(I) reevaluate the need for the task forces; and
"(II) submit to Congress a recommendation as to whether the task forces should continue."
Placement in United States Code
Executive Documents
Executive Order No. 13766
Ex. Ord. No. 13766, Jan. 24, 2017, 82 F.R. 8657, which related to expediting environmental reviews and approvals for high priority infrastructure projects, was revoked by Ex. Ord. No. 13990, §7(a), Jan. 20, 2021, 86 F.R. 7041, set out in a note under
Executive Order No. 13807
Ex. Ord. No. 13807, Aug. 15, 2017, 82 F.R. 40463, which related to environmental review and permitting process for infrastructure projects, was revoked by Ex. Ord. No. 13990, §7(b), Jan. 20, 2021, 86 F.R. 7042, set out in a note under
§4370m–1. Federal Permitting Improvement Steering Council
(a) Establishment
There is established the Federal Permitting Improvement Steering Council.
(b) Composition
(1) Chair
The Executive Director shall—
(A) be appointed by the President; and
(B) serve as Chair of the Council.
(2) Council members
(A) In general
(i) Designation by head of agency
(I) In general
Each individual listed in subparagraph (B) shall designate a member of the agency in which the individual serves to serve on the Council.
(II) Redesignation
If an individual listed in subparagraph (B) designates a different member to serve on the Council than the member designated under subclause (I), the individual shall notify the Executive Director 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) shall hold a position in the agency of deputy secretary (or the equivalent) or higher.
(iii) Support
(I) In general
Consistent with guidance provided by the Director of the Office of Management and Budget, each individual listed in subparagraph (B) shall designate 1 or more appropriate members of the agency in which the individual serves to serve as an agency CERPO.
(II) Reporting
In carrying out the duties of the agency CERPO under this subchapter, an agency CERPO shall report directly to the applicable agency councilmember.
(B) Heads of agencies
The individuals that shall each designate a councilmember under this subparagraph are as follows:
(i) The Secretary of Agriculture.
(ii) The Secretary of the Army.
(iii) The Secretary of Commerce.
(iv) The Secretary of the Interior.
(v) The Secretary of Energy.
(vi) The Secretary of Transportation.
(vii) The Secretary of Defense.
(viii) The Administrator of the Environmental Protection Agency.
(ix) The Chairman of the Federal Energy Regulatory Commission.
(x) The Chairman of the Nuclear Regulatory Commission.
(xi) The Secretary of Homeland Security.
(xii) The Secretary of Housing and Urban Development.
(xiii) The Chairman of the Advisory Council on Historic Preservation.
(xiv) Any other head of a Federal agency that the Executive Director may invite to participate as a member of the Council.
(3) Additional members
In addition to the members listed in paragraphs (1) and (2), the Chairman of the Council on Environmental Quality and the Director of the Office of Management and Budget shall also be members of the Council.
(c) Duties
(1) Executive Director
(A) Inventory development
The Executive Director, in consultation with the Council, shall—
(i) not later than 180 days after December 4, 2015, establish an inventory of covered projects that are pending the environmental review or authorization of the head of any Federal agency;
(ii)(I) categorize the projects in the inventory as appropriate, based on sector and project type; and
(II) for each category, identify the types of environmental reviews and authorizations most commonly involved; and
(iii) add a covered project to the inventory after receiving a notice described in
(B) Facilitating agency designation
The Executive Director, in consultation with the Council, shall—
(i) designate a facilitating agency for each category of covered projects described in subparagraph (A)(ii); and
(ii) publish the list of designated facilitating agencies for each category of projects in the inventory on the Dashboard in an easily accessible format.
(C) Performance schedules
(i) In general
Not later than 1 year after December 4, 2015, the Executive Director, in consultation with the Council, shall develop recommended performance schedules, including intermediate and final completion dates, for environmental reviews and authorizations most commonly required for each category of covered projects described in subparagraph (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, reduction of permitting and project delivery time, and consideration of the best practices for public participation.
(II) Goal
(aa) In general
To the maximum extent practicable, and consistent with applicable Federal law, the Executive Director, in consultation with the Council, shall aim to develop recommended performance schedules under clause (i) of not more than 2 years.
(bb) Exception
If a recommended performance schedule developed under clause (i) exceeds 2 years, the relevant agencies, in consultation with the Executive Director and the Council, shall explain in that recommended performance schedule the factors that cause the environmental reviews and authorizations in that category of covered projects 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 or authorization under clause (i) shall not exceed the average time to complete an environmental review or authorization for a project within that category.
(bb) Calculation of average time
The average time referred to in item (aa) shall be calculated based on relevant historical data, as determined by the Executive Director, and shall run from the period beginning on the date on which the Executive Director must make a specific entry for the project on the Dashboard under
(cc) Completion date
Each performance schedule shall specify that any decision by an agency on an environmental review or authorization must be issued not later than 180 days after the date on which all information needed to complete the review or authorization (including any hearing that an agency holds on the matter) is in the possession of the agency.
(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, in consultation with the Council, shall review and revise the performance schedules.
(D) Guidance
The Executive Director, in consultation with the Council, 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 for agencies—
(i) to carry out responsibilities under this subchapter; and
(ii) to effectuate the adoption by agencies of the best practices and recommendations of the Council described in paragraph (2).
(E) Personnel
The Executive Director of the Council may appoint and fix the compensation of such employees as the Executive Director considers necessary to carry out the roles and responsibilities of the Executive Director.
(2) Council
(A) Recommendations
(i) In general
The Council shall make recommendations to the Executive Director with respect to the designations under paragraph (1)(B) and the performance schedules under paragraph (1)(C).
(ii) Update
The Council may update the recommendations described in clause (i).
(B) Best practices
Not 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—
(i) enhancing early stakeholder engagement, including—
(I) engaging with Native American stakeholders to ensure that project sponsors and agencies identify potential natural, archeological, and cultural resources and locations of historic and religious significance in the area of a covered project; and
(II) fully considering and, as appropriate, incorporating recommendations provided in public comments on any proposed covered project;
(ii) ensuring timely decisions regarding environmental reviews and authorizations, 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;
(iv) increasing transparency;
(v) reducing information collection requirements and other administrative burdens on agencies, project sponsors, 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, tribal, and local permitting officials;
(viii) in coordination with the Executive Director, improving preliminary engagement with project sponsors in developing coordinated project 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.
(C) Meetings
The Council shall meet not less frequently than annually with groups or individuals representing State, tribal, and local governments that are engaged in the infrastructure permitting process.
(3) Agency CERPOs
An agency CERPO shall—
(A) advise the respective agency councilmember on matters related to environmental reviews and authorizations, including agency compliance with intermediate and final completion dates described in coordinated project plans;
(B) provide technical support, when requested to facilitate efficient and timely processes for environmental reviews and authorizations for covered projects under the jurisdictional responsibility of the agency, including supporting timely identification and resolution of potential disputes within the agency or between the agency and other Federal agencies;
(C) analyze agency environmental review and authorization processes, policies, and authorities and make recommendations to the respective agency 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) and other best practices, including the use of information technology and geographic information system tools within the agency and across agencies, to the extent consistent with existing law; and
(D) review and develop training programs for agency staff that support and conduct environmental reviews or authorizations.
(
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).
2021—
Subsec. (b)(2)(A)(i).
Subsec. (b)(2)(A)(ii).
Subsec. (b)(2)(A)(iii)(II).
Subsec. (c)(1)(C)(ii)(I).
Subsec. (c)(1)(C)(ii)(II), (III).
Subsec. (c)(1)(C)(ii)(III)(bb).
Subsec. (c)(2)(B).
Subsec. (c)(2)(B)(i).
Subsec. (c)(2)(B)(viii) to (x).
Subsec. (c)(3)(A).
Subsec. (d).
§4370m–2. Permitting process improvement
(a) Project initiation and designation of participating agencies
(1) Notice
(A) In general
A project sponsor of a covered project shall submit to the Executive Director and the facilitating agency notice of the initiation of a proposed covered project.
(B) Default designation
If, at the time of submission of the notice under subparagraph (A), the Executive Director has not designated a facilitating agency under
(C) Contents
Each notice described in subparagraph (A) shall include—
(i) a statement of the purposes and objectives of the proposed project;
(ii) a concise description, including the general location of the proposed project and a summary of geospatial information, if available, illustrating the project area and the locations, if any, of environmental, cultural, and historic resources;
(iii) a statement regarding the technical and financial ability of the project sponsor to construct the proposed project;
(iv) a statement of any Federal financing, environmental reviews, and authorizations anticipated to be required to complete the proposed project; and
(v) an assessment that the proposed project meets the definition of a covered project under
(D) Confidentiality
Any information relating to Native American natural, cultural, and historical resources submitted in a notice by a project sponsor under subparagraph (A) shall be—
(i) kept confidential; and
(ii) exempt from the disclosure requirements under
(2) Invitation
(A) In general
Not later than 21 calendar days after the date on which the Executive Director must make a specific entry for the project on the Dashboard under subsection (b)(2)(A), the facilitating agency or lead agency, as applicable, shall—
(i) identify all Federal and non-Federal agencies and governmental entities likely to have financing, environmental review, authorization, or other responsibilities with respect to the proposed project; and
(ii) invite all Federal agencies identified under clause (i) to become a participating agency or a cooperating agency, as appropriate, in the environmental review and authorization management process described in
(B) Deadlines
Each invitation made under subparagraph (A) shall include a 14 calendar day deadline for a response to be submitted to the facilitating or lead agency, as applicable.
(3) Participating and cooperating agencies
(A) In general
An agency invited under paragraph (2) shall be designated as a participating or cooperating agency for a covered project, unless the agency informs the facilitating or lead agency, as applicable, and the Executive Director in writing before the deadline under paragraph (2)(B) that the agency—
(i) has no jurisdiction or authority with respect to the proposed project; or
(ii) does not intend to exercise authority related to, or submit comments on, the proposed project.
(B) Changed circumstances
On request and a showing of changed circumstances, the Executive Director may designate an agency that has opted out under subparagraph (A)(ii) to be a participating or cooperating agency, as appropriate.
(4) Effect of designation
The designation described in paragraph (3) shall not—
(A) give the participating agency authority or jurisdiction over the covered project; or
(B) expand any jurisdiction or authority a cooperating agency may have over the proposed project.
(5) Lead agency designation
(A) In general
On establishment of the lead agency, the lead agency shall assume the responsibilities of the facilitating agency under this subchapter.
(B) Redesignation of facilitating agency
If the lead agency assumes the responsibilities of the facilitating agency under subparagraph (A), the facilitating agency may be designated as a cooperative or participating agency.
(6) Change of facilitating or lead agency
(A) In general
On the request of a participating agency or project sponsor, the Executive Director may designate a different agency as the facilitating or lead agency, as applicable, for a covered project, if the facilitating or lead agency or the Executive Director receives new information regarding the scope or nature of a covered project that indicates that the project should be placed in a different category under
(B) Resolution of dispute
The Chairman of the Council on Environmental Quality shall resolve any dispute over designation of a facilitating or lead agency for a particular covered project.
(b) Permitting dashboard
(1) Requirement to maintain
(A) In general
The Executive Director, in coordination with the Administrator of General Services, shall maintain an online database to be known as the "Permitting Dashboard" to track the status of Federal environmental reviews and authorizations for any covered project in the inventory described in
(B) Specific and searchable entry
The Dashboard shall include a specific and searchable entry for each covered project.
(2) Additions
(A) In general
(i) Existing projects
Not later than 14 days after the date on which the Executive Director adds a project to the inventory under
(ii) New projects
Not later than 14 days after the date on which the Executive Director receives a notice under subsection (a)(1), the Executive Director shall create a specific entry on the Dashboard for the covered project, unless the Executive Director, facilitating agency, or lead agency, as applicable, determines that the project is not a covered project.
(iii) Projects other than covered projects
(I) In general
The Executive Director may direct a lead agency to create a specific entry on the Dashboard for a project that is not a covered project and is under review by the lead agency if the Executive Director determines that a Dashboard entry for that project is in the interest of transparency.
(II) Requirements
Not later than 14 days after the date on which the Executive Director directs the lead agency to create a specific entry on the Dashboard for a project described in subclause (I), the lead agency shall create and maintain a specific entry on the Dashboard for the project that contains—
(aa) a comprehensive permitting timetable, as described in subsection (c)(2)(A);
(bb) the status of the compliance of each lead agency, cooperating agency, and participating agency with the permitting timetable required under item (aa);
(cc) any modifications of the permitting timetable required under item (aa), including an explanation as to why the permitting timetable was modified; and
(dd) information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available.
(B) Explanation
If the facilitating agency or lead agency, as applicable, determines that the project is not a covered project, the project sponsor may submit a further explanation as to why the project is a covered project not later than 14 days after the date of the determination under subparagraph (A).
(C) Final determination
Not later than 14 days after receiving an explanation described in subparagraph (B), the Executive Director shall—
(i) make a final and conclusive determination as to whether the project is a covered project; and
(ii) if the Executive Director determines that the project is a covered project, create a specific entry on the Dashboard for the covered project.
(3) Postings by agencies
(A) In general
For each covered project added to the Dashboard under paragraph (2), the facilitating or lead agency, as applicable, and each cooperating and participating agency shall post to the Dashboard—
(i) a hyperlink that directs to a website that contains, to the extent consistent with applicable law—
(I) the notification submitted under subsection (a)(1);
(II)(aa) where practicable, the application and supporting documents, if applicable, that have been submitted by a project sponsor for any required environmental review or authorization; or
(bb) a notice explaining how the public may obtain access to such documents;
(III) a description of any Federal agency action taken or decision made that materially affects the status of a covered project;
(IV) any significant document that supports the action or decision described in subclause (III);
(V) information on the status of mitigation measures that were agreed to as part of the environmental review and permitting process, including whether and when the mitigation measures have been fully implemented; and
(VI) a description of the status of any litigation to which the agency is a party that is directly related to the project, including, if practicable, any judicial document made available on an electronic docket maintained by a Federal, State, or local court;
(ii) any document described in clause (i) that is not available by hyperlink on another website; and
(iii) information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available.
(B) Deadline
The information described in subparagraph (A) shall be posted to the website made available by hyperlink on the Dashboard not later than 5 business days after the date on which the Federal agency receives the information.
(4) Postings by the Executive Director
The Executive Director shall publish to the Dashboard—
(A) the permitting timetable established under subparagraph (A) or (C) of subsection (c)(2);
(B) the status of the compliance of each agency with the permitting timetable;
(C) any modifications of the permitting timetable;
(D) an explanation of each modification described in subparagraph (C); and
(E) any memorandum of understanding established under subsection (c)(3)(B).
(c) Coordination and timetables
(1) Coordinated project plan
(A) In general
Not later than 60 days after the date on which the Executive Director must make a specific entry for the project on the Dashboard under subsection (b)(2)(A), the facilitating or lead agency, as applicable, in consultation with each coordinating and participating agency, shall establish a concise plan for coordinating public and agency participation in, and completion of, any required Federal environmental review and authorization for the project.
(B) Required information
The Coordinated Project Plan shall include the following information and be updated by the facilitating or lead agency, as applicable, at least once per quarter:
(i) A list of, and roles and responsibilities for, all entities with environmental review or authorization responsibility for the project.
(ii) A permitting timetable, as described in paragraph (2), setting forth a comprehensive schedule of dates by which all environmental reviews and authorizations, and to the maximum extent practicable, State permits, reviews and approvals must be made.
(iii) A discussion of potential avoidance, minimization, and mitigation strategies, if required by applicable law and known.
(iv) Plans and a schedule for public and tribal outreach and coordination, to the extent required by applicable law.
(C) Memorandum of understanding
The coordinated project plan described in subparagraph (A) may be incorporated into a memorandum of understanding.
(2) Permitting timetable
(A) Establishment
As part of the coordinated project plan under paragraph (1), the facilitating or lead agency, as applicable, in consultation with each cooperating and participating agency, the project sponsor, and any State in which the project is located, and, subject to subparagraph (C), with the concurrence of each cooperating agency, shall establish a permitting timetable that includes intermediate and final completion dates for action by each participating agency on any Federal environmental review or authorization required for the project.
(B) Factors for consideration
In establishing the permitting timetable under subparagraph (A), the facilitating or lead agency shall follow the performance schedules established under
(i) the size and complexity of the covered project;
(ii) the resources available to each participating agency;
(iii) the regional or national economic significance of the project;
(iv) the sensitivity of the natural or historic resources that may be affected by the project;
(v) the financing plan for the project; and
(vi) the extent to which similar projects in geographic proximity to the project were recently subject to environmental review or similar procedures under State law.
(C) Dispute resolution
(i) In general
The Executive Director, in consultation with appropriate agency CERPOs and the project sponsor, shall, as necessary, mediate any disputes regarding the permitting timetable referred to under subparagraph (A).
(ii) Disputes
If a dispute remains unresolved 30 days after the date on which the dispute was submitted to the Executive Director, the Director of the Office of Management and Budget, in consultation with the Chairman of the Council on Environmental Quality, shall facilitate a resolution of the dispute and direct the agencies party to the dispute to resolve the dispute by the end of the 60-day period beginning on the date of submission of the dispute to the Executive Director.
(iii) Final resolution
Any action taken by the Director of the Office of Management and Budget in the resolution of a dispute under clause (ii) shall—
(I) be final and conclusive; and
(II) not be subject to judicial review.
(D) Modification after approval
(i) In general
The facilitating or lead agency, as applicable, may modify a permitting timetable established under subparagraph (A) only if—
(I) the facilitating or lead agency, as applicable, consults with the Executive Director regarding the potential modification not less than 15 days before engaging in the consultation under subclause (II);
(II) the facilitating or lead agency, as applicable, and the affected cooperating agencies, after consultation with the participating agencies, the Executive Director, and the project sponsor, agree to a different completion date;
(III) the facilitating agency or lead agency, as applicable, or the affected cooperating agency provides a written justification for the modification; and
(IV) in the case of a modification that would necessitate an extension of a final completion date under a permitting timetable established under subparagraph (A) to a date more than 30 days after the final completion date originally established under subparagraph (A), the facilitating or lead agency submits a request to modify the permitting timetable to the Executive Director, who shall consult with the project sponsor and make a determination on the record, based on consideration of the relevant factors described under subparagraph (B), whether to grant the facilitating or lead agency, as applicable, authority to make such modification.
(ii) Completion date
A completion date in the permitting timetable may not be modified within 30 days of the completion date.
(iii) Limitation on length of modifications
(I) In general
Except as provided in subclause (II), the total length of all modifications to a permitting timetable authorized or made under this subparagraph, other than for reasons outside the control of Federal, State, local, or tribal governments, may not extend the permitting timetable for a period of time greater than half of the amount of time from the establishment of the permitting timetable under subparagraph (A) to the last final completion date originally established under subparagraph (A).
(II) Additional extensions
The Director of the Office of Management and Budget, after consultation with the project sponsor, may permit the Executive Director to authorize additional extensions of a permitting timetable beyond the limit prescribed by subclause (I). In such a case, the Director of the Office of Management and Budget shall transmit, not later than 5 days after making a determination to permit an authorization of extension under this subclause, a report to Congress explaining why such modification is required. Such report shall explain to Congress with specificity why the original permitting timetable and the modifications authorized by the Executive Director failed to be adequate. The lead or facilitating agency, as applicable, shall transmit to Congress, the Director of the Office of Management and Budget, and the Executive Director a supplemental report on progress toward the final completion date each year thereafter, until the permit review is completed or the project sponsor withdraws its notice or application or other request to which this subchapter applies under
(iv) Limitation on judicial review
The following shall not be subject to judicial review:
(I) A determination by the Executive Director under clause (i)(III).
(II) A determination under clause (iii)(II) by the Director of the Office of Management and Budget to permit the Executive Director to authorize extensions of a permitting timetable.
(E) Consistency with other time periods
A permitting timetable established under subparagraph (A) shall be consistent with any other relevant time periods established under Federal law and shall not prevent any cooperating or participating agency from discharging any obligation under Federal law in connection with the project.
(F) Conforming to permitting timetables
(i) In general
Each Federal agency shall conform to the intermediate and final completion dates set forth in the permitting timetable established under subparagraph (A), or with any intermediate or final completion date modified under subparagraph (D).
(ii) Failure to conform
If a Federal agency fails to conform with an intermediate or final completion date for agency action on a covered project or reasonably believes the agency will fail to conform with a completion date 30 days before such a completion date, the agency shall—
(I) promptly submit to the Executive Director for publication on the Dashboard an explanation of the specific reasons for failing or reasonably believing the agency will fail to conform to the completion date and a proposal for an alternative completion date;
(II) in consultation with the facilitating or lead agency, as applicable, establish an alternative completion date; and
(III) each month thereafter until the agency has taken final action on the delayed authorization or review, submit to the Executive Director for posting on the Dashboard a status report describing any agency activity related to the project.
(G) Abandonment of covered project
(i) In general
If the facilitating or lead agency, as applicable, has a reasonable basis to doubt the continuing technical or financial ability of the project sponsor to construct the covered project, the facilitating or lead agency may request the project sponsor provide an updated statement regarding the ability of the project sponsor to complete the project.
(ii) Failure to respond
If the project sponsor fails to respond to a request described in clause (i) by the date that is 30 days after receiving the request, the lead or facilitating agency, as applicable, shall notify the Executive Director, who shall publish an appropriate notice on the Dashboard.
(iii) Publication to Dashboard
On publication of a notice under clause (ii), the completion dates in the permitting timetable shall be tolled and agencies shall be relieved of the obligation to comply with subparagraph (F) until such time as the project sponsor submits to the facilitating or lead agency, as applicable, an updated statement regarding the technical and financial ability of the project sponsor to construct the project.
(3) Cooperating State, local, or tribal governments
(A) State authority
If the Federal environmental review is being implemented within the boundaries of a State, the State, consistent with State law, may choose to participate in the environmental review and authorization process under this subsection and to make subject to the process all State agencies that—
(i) have jurisdiction over the covered project;
(ii) are required to conduct or issue a review, analysis, opinion, or statement for the covered project; or
(iii) are required to make a determination on issuing a permit, license, or other approval or decision for the covered project.
(B) Coordination
To the maximum extent practicable under applicable law, the facilitating or lead agency, as applicable, shall coordinate the Federal environmental review and authorization processes under this subsection with any State, local, or tribal agency responsible for conducting any separate review or authorization of the covered project to ensure timely and efficient completion of environmental reviews and authorizations.
(C) Memorandum of understanding
(i) In general
Any coordination plan between the facilitating or lead agency, as applicable, and any State, local, or tribal agency shall, to the maximum extent practicable, be included in a memorandum of understanding.
(ii) Submission to Executive Director
The facilitating or lead agency, as applicable, shall submit to the Executive Director each memorandum of understanding described in clause (i).
(D) Applicability
The requirements under this subchapter shall only apply to a State or an authorization issued by a State if the State has chosen to participate in the environmental review and authorization process pursuant to this paragraph.
(d) Early consultation
The facilitating or lead agency, as applicable, shall provide an expeditious process for project sponsors to confer with each cooperating and participating agency involved and, not later than 60 days after the date on which the project sponsor submits a request under this subsection, to have each such agency provide to the project sponsor information concerning—
(1) the availability of information and tools, including pre-application toolkits, to facilitate early planning efforts;
(2) key issues of concern to each agency and to the public; and
(3) issues that must be addressed before an environmental review or authorization can be completed.
(e) Cooperating agency
(1) In general
A lead agency may designate a participating agency as a cooperating agency in accordance with part 1501 of title 40, Code of Federal Regulations (or successor regulations).
(2) Effect on other designation
The designation described in paragraph (1) shall not affect any designation under subsection (a)(3).
(3) Limitation on designation
Any agency not designated as a participating agency under subsection (a)(3) shall not be designated as a cooperating agency under paragraph (1).
(f) Reporting status of other projects on Dashboard
(1) In general
On request of the Executive Director, the Secretary and the Secretary of the Army shall use best efforts to provide information for inclusion on the Dashboard on projects subject to
(A) a total investment of more than $200,000,000; and
(B) an environmental impact statement under NEPA.
(2) Effect of inclusion on Dashboard
Inclusion on the Dashboard of information regarding projects subject to
(
Editorial Notes
References in Text
The Federal Advisory Committee Act, referred to in subsec. (a)(1)(D)(ii), is
NEPA, referred to in subsec. (f)(1)(B), means the National Environmental Policy Act of 1969,
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
2021—Subsec. (a)(1)(D).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(3)(A).
Subsec. (b)(2)(A)(iii).
Subsec. (b)(3)(A)(i)(V), (VI).
Subsec. (b)(3)(A)(iii).
Subsec. (c)(2)(A).
Subsec. (c)(2)(D)(i).
Subsec. (c)(2)(D)(i)(II).
Subsec. (c)(2)(F)(i).
Subsec. (c)(2)(F)(ii).
Subsec. (c)(2)(F)(ii)(I).
1 See References in Text note below.
§4370m–3. Interstate compacts
(a) In general
The consent of Congress is given for 3 or more contiguous States to enter into an interstate compact establishing regional infrastructure development agencies to facilitate authorization and review of covered projects, under State law or in the exercise of delegated permitting authority described under
(b) Regional infrastructure
For the purpose of this subchapter, a regional infrastructure development agency referred to in subsection (a) shall have the same authorities and responsibilities of a State agency.
(
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.
§4370m–4. Coordination of required reviews
(a) Concurrent reviews
To integrate environmental reviews and authorizations, each agency shall, to the maximum extent practicable—
(1) carry out the obligations of the agency with respect to a covered project under any other applicable law concurrently, and in conjunction with, other environmental reviews and authorizations being conducted by other cooperating or participating agencies, including environmental reviews and authorizations required under NEPA, unless the agency determines that doing so would impair the ability of the agency to carry out the statutory obligations of the agency;
(2) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner; and
(3) where an environmental impact statement is required for a project, prepare a single, joint interagency environmental impact statement for the project unless the lead agency provides justification in the coordinated project plan that multiple environmental documents are more efficient for project review and authorization.
(b) Adoption, incorporation by reference, and use of documents
(1) Use of existing documents
(A) In general
On the request of a project sponsor, a lead agency shall consider and, as appropriate, adopt or incorporate by reference, the analysis and documentation that has been prepared for a covered project under the laws and procedures of a State or Indian Tribe (as defined in
(B) Guidance by CEQ
The Council on Environmental Quality may issue guidance to carry out this subsection.
(2) NEPA obligations
An environmental document adopted under paragraph (1) or a document that includes documentation incorporated under paragraph (1) may serve as the documentation required for an environmental review or a supplemental environmental review required to be prepared by a lead agency under NEPA.
(3) Supplementation of State documents
If the lead agency adopts or incorporates analysis and documentation described in paragraph (1), the lead agency shall prepare and publish a supplemental document if the lead agency determines that during the period after preparation of the analysis and documentation and before the adoption or incorporation—
(A) a significant change has been made to the covered project that is relevant for purposes of environmental review of the project; or
(B) there has been a significant circumstance or new information has emerged that is relevant to the environmental review for the covered project.
(4) Comments
If a lead agency prepares and publishes a supplemental document under paragraph (3), the lead agency shall solicit comments from other agencies and the public on the supplemental document for a period of not more than 45 days, beginning on the date on which the supplemental document is published, unless—
(A) the lead agency, the project sponsor, and any cooperating agency agree to a longer deadline; or
(B) the lead agency extends the deadline for good cause.
(5) Notice of outcome of environmental review
A lead agency shall issue a record of decision or finding of no significant impact, as appropriate, based on the document adopted under paragraph (1) and any supplemental document prepared under paragraph (3).
(c) Alternatives analysis
(1) Participation
(A) In general
As early as practicable during the environmental review, but not later than the commencement of scoping for a project requiring the preparation of an environmental impact statement, the lead agency shall engage the cooperating agencies and the public to determine the range of reasonable alternatives to be considered for a covered project.
(B) Determination
The determination under subparagraph (A) shall be completed not later than the completion of scoping.
(2) Range of alternatives
(A) In general
Following participation under paragraph (1) and subject to subparagraph (B), the lead agency shall determine the range of reasonable alternatives for consideration in any document that the lead agency is responsible for preparing for the covered project.
(B) Alternatives required by law
In determining the range of alternatives under subparagraph (A), the lead agency shall include all alternatives required to be considered by law.
(3) Methodologies
(A) In general
The lead agency shall determine, in collaboration with each cooperating agency at appropriate times during the environmental review, the methodologies to be used and the level of detail required in the analysis of each alternative for a covered project.
(B) Environmental review
A cooperating agency shall use the methodologies referred to in subparagraph (A) when conducting any required environmental review, to the extent consistent with existing law.
(4) Preferred alternative
With the concurrence of the cooperating agencies with jurisdiction under Federal law and at the discretion of the lead agency, the preferred alternative for a project, after being identified, may be developed to a higher level of detail than other alternatives to facilitate the development of mitigation measures or concurrent compliance with other applicable laws if the lead agency determines that—
(A) the development of the higher level of detail will not prevent the lead agency from making an impartial decision as to whether to accept another alternative that is being considered in the environmental review; and
(B) the preferred and other alternatives are developed in sufficient detail to enable the public to comment on the alternatives.
(d) Environmental review comments
(1) Comments on draft environmental impact statement
For comments by an agency or the public on a draft environmental impact statement, the lead agency shall establish a comment period of not less than 45 days and not more than 60 days after the date on which a notice announcing availability of the environmental impact statement is published in the Federal Register, unless—
(A) the lead agency, the project sponsor, and any cooperating agency agree to a longer deadline; or
(B) the lead agency, in consultation with each cooperating agency, extends the deadline for good cause.
(2) Other review and comment periods
For all other review or comment periods in the environmental review process described in parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations), the lead agency shall establish a comment period of not more than 45 days after the date on which the materials on which comment is requested are made available, unless—
(A) the lead agency, the project sponsor, and any cooperating agency agree to a longer deadline; or
(B) the lead agency extends the deadline for good cause.
(e) Issue identification and resolution
(1) Cooperation
The lead agency and each cooperating and participating agency shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of an environmental review or an authorization required for the project under applicable law or result in the denial of any approval under applicable law.
(2) Lead agency responsibilities
(A) In general
The lead agency shall make information available to each cooperating and participating agency and project sponsor as early as practicable in the environmental review regarding the environmental, historic, and socioeconomic resources located within the project area and the general locations of the alternatives under consideration.
(B) Sources of information
The information described in subparagraph (A) may be based on existing data sources, including geographic information systems mapping.
(3) Cooperating and participating agency responsibilities
Each cooperating and participating agency shall—
(A) identify, as early as practicable, any issues of concern regarding any potential environmental impacts of the covered project, including any issues that could substantially delay or prevent an agency from completing any environmental review or authorization required for the project; and
(B) communicate any issues described in subparagraph (A) to the project sponsor.
(f) Record of decision
When an environmental impact statement is prepared, Federal agencies must, to the maximum extent practicable, issue a record of decision not later than 90 days after the date on which the final environmental impact statement is issued.
(g) Categories of projects
The authorities granted under this section may be exercised for an individual covered project or a category of covered projects.
(
Editorial Notes
References in Text
NEPA, referred to in subsecs. (a)(1) and (b)(1)(A), (2), means the National Environmental Policy Act of 1969,
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
2021—Subsec. (a)(3).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(1)(A).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (c)(4).
Subsec. (c)(4)(A).
Subsec. (c)(4)(B).
Subsecs. (f), (g).
§4370m–5. Delegated State permitting programs
(a) In general
If a Federal statute permits a Federal agency to delegate to or otherwise authorize a State to issue or otherwise administer a permit program in lieu of the Federal agency, the Federal agency with authority to carry out the statute shall—
(1) on publication by the Council of best practices under
(2) not later than 2 years after December 4, 2015, make model recommendations for State modifications of the applicable permit program to reflect the best practices described in
(b) Best practices
Lead and cooperating agencies may share with State, tribal, and local authorities best practices involved in review of covered projects and invite input from State, tribal, and local authorities regarding best practices.
(
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.
§4370m–6. Litigation, judicial review, and savings provision
(a) Limitations on claims
(1) In general
Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of any authorization issued by a Federal agency for a covered project shall be barred unless—
(A) the claim is filed not later than 2 years after the date of publication in the Federal Register of notice of final agency action on the authorization, unless a shorter time is specified in the Federal law under which judicial review is allowed; and
(B) in the case of an action pertaining to an environmental review conducted under NEPA—
(i) the claim is filed by a party that submitted a comment during the environmental review; and
(ii) any commenter filed a sufficiently detailed comment so as to put the lead agency on notice of the issue on which the party seeks judicial review, or the lead agency did not provide a reasonable opportunity for such a comment on that issue.
(2) New information
(A) In general
The head of a lead agency or participating agency shall consider new information received after the close of a comment period if the information satisfies the requirements under regulations implementing NEPA.
(B) Separate action
If Federal law requires the preparation of a supplemental environmental impact statement or other supplemental environmental document, the preparation of such document shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the agency action shall be 2 years after the date on which a notice announcing the final agency action is published in the Federal Register, unless a shorter time is specified in the Federal law under which judicial review is allowed.
(3) Rule of construction
Nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of an authorization.
(b) Preliminary injunctive relief
In addition to considering any other applicable equitable factors, in any action seeking a temporary restraining order or preliminary injunction against an agency or a project sponsor in connection with review or authorization of a covered project, the court shall—
(1) consider the potential effects on public health, safety, and the environment, and the potential for significant negative effects on jobs resulting from an order or injunction; and
(2) not presume that the harms described in paragraph (1) are reparable.
(c) Judicial review
Except as provided in subsection (a), nothing in this subchapter affects the reviewability of any final Federal agency action in a court of competent jurisdiction.
(d) Savings clause
Nothing in this subchapter—
(1) supersedes, amends, or modifies any Federal statute or affects the responsibility of any Federal officer to comply with or enforce any statute; or
(2) creates a presumption that a covered project will be approved or favorably reviewed by any agency.
(e) Limitations
Nothing in this subchapter preempts, limits, or interferes with—
(1) any practice of seeking, considering, or responding to public comment; or
(2) any power, jurisdiction, responsibility, or authority that a Federal, State, or local governmental agency, metropolitan planning organization, Indian tribe, or project sponsor has with respect to carrying out a project or any other provisions of law applicable to any project, plan, or program.
(
Editorial Notes
References in Text
NEPA, referred to in subsec. (a)(1)(B), (2)(A), means the National Environmental Policy Act of 1969,
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
2021—Subsec. (a)(1)(A).
Subsec. (a)(1)(B)(i).
Subsec. (e).
§4370m–7. Reports
(a) Reports to Congress
(1) Executive Director annual report
(A) In general
Not later than April 15 of each year for 10 years beginning on November 15, 2021, the Executive Director shall submit to Congress a report detailing the progress accomplished under this subchapter during the previous fiscal year.
(B) Opportunity to include comments
Each councilmember, with input from the respective agency CERPO, shall have the opportunity to include comments concerning the performance of the agency in the report described in subparagraph (A).
(2) Quarterly agency performance report
The Executive Director shall submit to Congress a quarterly report evaluating agency compliance with the provisions of this subchapter, which shall include a description of the implementation and adherence of each agency to the coordinated project plan and permitting timetable requirements under
(3) Agency best practices report
Not later than April 15 of each year, each participating agency and lead agency shall submit to Congress and the Director of the Office of Management and Budget a report assessing the performance of the agency in implementing the best practices described in
(b) Comptroller general report
Not later than 3 years after December 4, 2015, the Comptroller General of the United States shall submit to Congress a report that describes—
(1) agency progress in making improvements consistent with the best practices issued under
(2) agency compliance with the performance schedules established under
(
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
2021—Subsec. (a).
§4370m–8. Funding for governance, oversight, and processing of environmental reviews and permits
(a) In general
For the purpose of carrying out this subchapter, the Executive Director, in consultation with the heads of the agencies listed in
(b) Reasonable costs
As used in this section, the term "reasonable costs" shall include costs to implement the requirements and authorities required under
(c) Fee structure
The fee structure established under subsection (a) shall—
(1) be developed in consultation with affected project proponents, industries, and other stakeholders;
(2) exclude parties for which the fee would impose an undue financial burden or is otherwise determined to be inappropriate; and
(3) be established in a manner that ensures that the aggregate amount of fees collected for a fiscal year is estimated not to exceed 20 percent of the total estimated costs for the fiscal year for the resources allocated for the conduct of the environmental reviews and authorizations covered by this subchapter, as determined by the Director of the Office of Management and Budget.
(d) Environmental Review Improvement Fund
(1) In general
All amounts collected pursuant to this section shall be deposited into a separate fund in the Treasury of the United States to be known as the "Environmental Review Improvement Fund" (referred to in this section as the "Fund").
(2) Availability
Amounts in the Fund shall be available to the Executive Director, without fiscal year limitation, solely for the purposes of administering, implementing, and enforcing this subchapter, including the expenses of the Council, appointing and fixing the compensation of such employees as the Executive Director considers necessary to carry out the roles and responsibilities of the Executive Director, and support of the role of the Council as a Federal center for permitting excellence, which may include supporting interagency detailee and rotation opportunities, advanced training, enhanced support for agency project managers, and fora for sharing information and lessons learned.
(3) Transfer
For the purpose of carrying out this subchapter, the Executive Director, with the approval of the Director of the Office of Management and Budget, may transfer amounts in the Fund to other Federal agencies and State, Tribal, and local governments to facilitate timely and efficient environmental reviews and authorizations for covered projects and other projects under this subchapter, including direct reimbursement agreements with agency CERPOs, reimbursable agreements, and approval and consultation processes and staff for covered projects.
(e) Effect on permitting
The regulations adopted pursuant to subsection (a) shall ensure that the use of funds accepted under subsection (d) will not impact impartial decision-making with respect to environmental reviews or authorizations, either substantively or procedurally.
(f) Transfer of appropriated funds
(1) In general
The heads of agencies listed in
(2) Limitation
Appropriations under title 23 and appropriations for the civil works program of the Army Corps of Engineers shall not be available for transfer under paragraph (1).
(
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. (d)(2).
2021—Subsec. (a).
Subsec. (b).
Subsec. (d).
Subsec. (d)(2), (3).
"(2)
"(3)
§4370m–9. Application
This subchapter applies to any covered project for which—
(1) a notice is filed under
(2) an application or other request for a Federal authorization is pending before a Federal agency 90 days after December 4, 2015.
(
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.
§4370m–10. GAO report
Not later than 3 years after December 4, 2015, the Comptroller General of the United States shall submit to Congress a report that includes an analysis of whether the provisions of this subchapter could be adapted to streamline the Federal permitting process for smaller projects that are not covered projects.
(
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.
§4370m–11. Savings provision
Nothing in this subchapter amends the National Environmental Policy Act of 1969 (
(
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in text, is
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.
§4370m–12. Repealed. Pub. L. 117–58, div. G, title VIII, §70801(h), Nov. 15, 2021, 135 Stat. 1294
Section,