Sec. 103. Environmental streamlining
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Congress declares that— the benefits of water resources projects are important to the Nation’s economy and environment; it is in the national interest to expedite the delivery of water resources projects; it is in the national interest for Federal and State agencies, local governments, Indian tribes, and other entities involved in water resources projects— to accelerate study completion and project delivery and to reduce costs; and to ensure that the planning, design, engineering, construction, and funding of water resources projects is done in an efficient and effective manner, promoting accountability for public investments and encouraging greater local and private sector involvement in project financing and delivery while addressing public safety and protecting the environment; and delay in the delivery of water resources studies and projects— increases project costs, flood risks, and local and Federal expenditures for emergency management and recovery; harms the economy of the United States; and impedes the shipment of goods for the conduct of commerce.
Given the declarations set forth in paragraph (1), it is the policy of the United States that— recommendations to Congress regarding such projects should be accelerated by coordinated and efficient environmental reviews and cooperative efforts to quickly resolve disputes during the development of water resources projects; the Secretary shall have the lead role among Federal agencies in facilitating the environmental review process for water resources projects; each Federal agency shall cooperate with the Secretary to expedite the environmental review process for water resources projects; programmatic approaches shall be used if applicable to reduce the need for project-by-project reviews and decisions by Federal agencies; the Secretary shall identify opportunities for non-Federal sponsors to assume responsibilities of the Secretary if such responsibilities can be assumed in a manner that protects public health and safety, the environment, and public participation; and the Assistant Secretary of the Army for Civil Works shall identify and promote the deployment of innovations aimed at reducing the time and money required to deliver water resources projects while protecting the environment.
Section 2045 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348 ) is amended to read as follows: In this section, the following definitions apply: The term environmental impact statement means the detailed statement of environmental impacts required to be prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). The term environmental review process means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a project study.
The term environmental review process includes the process for and completion of any environmental permit, approval, review, or study required for a project study under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). The term Federal jurisdictional agency means a Federal agency with jurisdiction over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a project study under applicable Federal laws, including regulations.
The term project means a Corps of Engineers water resources project. The term project sponsor means the non-Federal interest as defined in section 221(b) of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ). The term project study means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ). The procedures in this section are applicable to all project studies initiated after the date of enactment of the Water Resources Reform and Development Act of 2013 and for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and may be applied, to the extent determined appropriate by the Secretary, to other project studies initiated after such date of enactment and for which an environmental review process document is prepared under such Act.
The Corps of Engineers shall be the Federal lead agency in the environmental review process for a project study. At the discretion of the Secretary and subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), a non-Federal project sponsor that is an agency defined in subsection (a)— may serve as a joint lead agency with the Corps of Engineers for purposes of preparing any environmental review process document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and may assist in the preparation of any such environmental review process document required under the National Environmental Policy Act of 1969 if the Secretary provides guidance in the preparation process, participates in preparing the document, independently evaluates that document, and approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document.
Any environmental review process document prepared in accordance with this subsection shall be adopted and used by any Federal agency in making any approval of a project subject to this section as the document required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to the same extent that the Federal agency may adopt or use a document prepared by another Federal agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
With respect to the environmental review process for any project, the Federal lead agency shall have authority and responsibility— to take such actions as are necessary and proper, within the authority of the Federal lead agency, to facilitate the expeditious resolution of the environmental review process for the project study; and to prepare or ensure that any required environmental impact statement or other document for a project study required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) is completed in accordance with this section and applicable Federal law.
The Federal lead agency shall identify, as early as practicable in the environmental review process for a project study, any Federal or State agency, local government, or Indian tribe that may— have jurisdiction over the project; be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or be required to make a determination on issuing a permit, license, or other approval or decision for the project study. The Federal lead agency shall invite any such agency identified under paragraph
(1)to become a participating or cooperating agency in the environmental review process for the project study. An invitation to participate issued under subparagraph
(A)shall establish a deadline by which a response to the invitation shall be submitted, which may be extended by the Federal lead agency for good cause. Any Federal agency that is invited by the Federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by the deadline specified in the invitation that the invited agency— has no jurisdiction or authority with respect to the project; has no expertise or information relevant to the project study; and does not intend to submit comments on the project study. A participating or cooperating agency shall comply with the requirements of this section and any schedule established under this section. Designation under this subsection shall not imply that the participating or cooperating agency— supports a proposed project; or has any jurisdiction over, or special expertise with respect to evaluation of, the project. Each participating or cooperating agency shall— carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process unless doing so would prevent such agency from conducting needed analysis or otherwise carrying out their obligations under those other laws; and 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. The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that— eliminates repetitive discussions of the same issues; focuses on the actual issues ripe for analyses at each level of review; establishes a formal process for coordinating with participating and cooperating agencies, including the creation of a list of all data that is needed to carry out the environmental review process; and complies with— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and all other applicable laws. In carrying out paragraph (1), the Secretary shall— as the first step in drafting guidance under that paragraph, consult with relevant Federal and State agencies, local governments, Indian tribes, and the public on the use and scope of the programmatic approaches; emphasize the importance of collaboration among relevant Federal agencies, State agencies, local governments, and Indian tribes in undertaking programmatic reviews, especially with respect to reviews with a broad geographical scope; ensure that the programmatic reviews— promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by a Federal or State agency, local government, Indian tribe, or the public, and the temporal and special scales to be used to analyze those issues; use accurate and timely information in the environmental review process, including— criteria for determining the general duration of the usefulness of the review; and the timeline for updating any out-of-date review; describe— the relationship between programmatic analysis and future tiered analysis; and the role of the public in the creation of future tiered analysis; and are available to other relevant Federal and State agencies, local governments, Indian tribes, and the public; allow not less than 60 days of public notice and comment on any proposed guidance; and address any comments received under subparagraph (D). The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project study. In developing the plan established under subparagraph (A), the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013. The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish, as part of the coordination plan established in paragraph (1)(A), a schedule for completion of the environmental review process for the project study. In developing the schedule, the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013. In establishing the schedule, the Federal lead agency shall consider factors such as— the responsibilities of participating and cooperating agencies under applicable laws; the resources available to the participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable; the overall size and complexity of the project; the overall schedule for and cost of the project; and the sensitivity of the natural and historic resources that may be affected by the project. A schedule under subparagraph
(A)shall be consistent with any other relevant time periods established under Federal law. The Federal lead agency may— lengthen a schedule established under subparagraph
(A)for good cause; or shorten a schedule only with the concurrence of the affected participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable. A copy of a schedule established under subparagraph
(A)shall be— provided to each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable; and made available to the public. The Federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study: For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after such document is made publicly available, unless— a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or the deadline is extended by the Federal lead agency for good cause. For all other comment periods established by the Federal lead agency for agency or public comments in the environmental review process, a period of not more than 30 days after the date on which the materials for which comment is requested are made available, unless— a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or the deadline is extended by the Federal lead agency for good cause. If a participating or cooperating agency is required to make a determination regarding or otherwise approve or disapprove the project study prior to the record of decision or finding of no significant impact, such participating or cooperating agency shall make such determination or approval not later than 30 days after the Federal lead agency publishes notice of the availability of a final environmental impact statement or other final environmental document, or not later than such other date that is otherwise required by law, whichever occurs first. With regard to any determination or approval of a participating or cooperating agency that is not subject to subparagraph (A), each participating or cooperating agency shall make any required determination or otherwise approve or disapprove the project study not later than 90 days after the date that the Federal lead agency approves the record of decision or finding of no significant impact for the project study, or not later than such other date that is otherwise required by law, whichever occurs first. In the event that any participating or cooperating agency fails to make a determination or approve or disapprove the project study within the applicable deadline described in subparagraph (A), the Federal lead agency may close the record and find the record sufficient for the project study as it relates to such agency determination or approval. The Federal lead agency and participating and cooperating agencies shall work cooperatively in accordance with this section to identify and resolve issues that may delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws. The Federal lead agency shall make information available to the participating and cooperating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration. Such information under subparagraph
(A)may be based on existing data sources, including geographic information systems mapping. Based on information received from the Federal lead agency, participating and cooperating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project, including any issues that may substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study. Upon the request of a participating or cooperating agency or non-Federal project sponsor, the Secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable, to resolve issues that may— delay completion of the environmental review process; or result in denial of any approval required for the project study under applicable laws. A meeting requested under this paragraph shall be held not later than 21 days after the date on which the Secretary receives the request for the meeting, unless the Secretary determines that there is good cause to extend that deadline. Upon receipt of a request for a meeting under this paragraph, the Secretary shall notify all relevant participating and cooperating agencies of the request, including the issue to be resolved and the date for the meeting. If a resolution cannot be achieved within 30 days after a meeting under this paragraph and a determination is made by the Secretary that all information necessary to resolve the issue has been obtained, the Secretary shall forward the dispute to the heads of the relevant agencies for resolution. The Secretary may convene an issue resolution meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under subparagraph (A). The Federal lead agency in the environmental review process for a project study, in order to reduce paperwork and expedite decisionmaking, shall prepare a condensed final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). A condensed final environmental impact statement for a project study in the environmental review process shall consist only of— an incorporation by reference of the draft environmental impact statement; any updates to specific pages or sections of the draft environmental impact statement as appropriate; and responses to comments on the draft environmental impact statement and copies of the comments. Notwithstanding any other provision of law, in conducting the environmental review process for a project study, the Federal lead agency shall combine a final environmental impact statement and a record of decision for the project study into a single document if— the alternative approved in the record of decision is either a preferred alternative identified in the draft environmental impact statement or is a modification of such preferred alternative developed in response to comments on the draft environmental impact statement; and the Federal lead agency has a written commitment from parties responsible for implementation of the measures applicable to the approved alternative that are identified in the final environmental impact statement that they will implement those measures. Nothing in this section shall preempt or interfere with— any practice of seeking, considering, or responding to public comment; or any power, jurisdiction, responsibility, or authority that a Federal or State agency, local government, Indian tribe, or non-Federal project sponsor has with respect to carrying out a project study or any other provision of law applicable to a project. Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or other approval issued by a Federal agency for a project study shall be barred unless it is filed not later than 150 days after publication of a notice in the Federal Register announcing that the permit, license, or other approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law which allows judicial review. Nothing in this subsection shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or other approval. The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title 40, Code of Federal Regulations. The preparation of a supplemental environmental impact statement or other environmental document when required by this section shall be considered a separate final agency action and the deadline for filing a claim for judicial review of such action shall be 150 days after the date of publication of a notice in the Federal Register announcing such action. Not later than 180 days after the date of enactment of this subsection, the Secretary shall— survey the use by the Corps of Engineers of categorical exclusions in projects; publish a review of the survey that includes a description of— the types of actions that were categorically excluded or may be the basis for developing a new categorical exclusion; and any requests previously received by the Secretary for new categorical exclusions; and solicit requests from other Federal agencies and non-Federal project sponsors for new categorical exclusions. Not later than 1 year after the date of enactment of this subsection, if the Secretary identifies, based on the review under paragraph (1), a category of activities that merit establishing a categorical exclusion not in existence on the day before the date of enactment of this subsection, the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation). The Secretary shall prepare guidance documents that describe the processes that the Secretary will use to implement this section. . The table of contents contained in section 1(b) of the Water Resources Development Act of 2007 is amended by striking the item relating to section 2045 and inserting the following: Sec. 2045. Streamlined project delivery. . For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, if such repair or reconstruction activity is in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section.
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- 42 USC 1962d–5b
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Sec. 103
Environmental streamlining
Cite42 USC 1962d–5b
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