Sec. 2033. Project acceleration
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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 term environmental impact statement means the detailed statement of environmental impacts of water resource projects 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 water resource project.
The term environmental review process includes the process for and completion of any environmental permit, approval, review, or study required for a water resource project 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 delegated by law, regulation, order, or otherwise over an approval or decision required for a water resource project under applicable Federal laws (including regulations).
The term lead agency means the Corps of Engineers and, if applicable, any State, local, or tribal governmental entity serving as a joint lead agency pursuant to section 1506.3 of title 40, Code of Federal Regulations (or a successor regulation). The term water resource project means a Corps of Engineers water resource project. The benefits of water resource projects designed and carried out in an economically and environmentally sound manner are important to the economy and environment of the United States, and recommendations to Congress regarding those projects should be developed using coordinated and efficient review and cooperative efforts to prevent or quickly resolve disputes during the planning of those water resource projects.
The project planning procedures under this section apply to proposed projects initiated after the date of enactment of the Water Resources Development Act of 2013 and for which the Secretary determines that— an environmental impact statement is required; or at the discretion of the Secretary, other water resource projects for which an environmental review process document is required to be prepared. Any authorities granted in this section may be exercised, and any requirements established under this section may be satisfied, for the planning of a water resource project, a class of those projects, or a program of those projects.
The Secretary shall annually prepare, and make publicly available, a separate list of each study that the Secretary has determined— meets the standards described in paragraph (1); and does not have adequate funding to make substantial progress toward the completion of the planning activities for the water resource project. The Secretary shall include for each study on the list under subparagraph
(A)a description of the estimated amounts necessary to make substantial progress on the study. The Secretary shall prepare, in consultation with the Council on Environmental Quality and other Federal agencies with jurisdiction over actions or resources that may be impacted by a water resource project, guidance documents that describe the coordinated review processes that the Secretary will use to implement this section for the planning of water resource projects, in accordance with the civil works program of the Corps of Engineers and all applicable law. The Secretary shall develop and implement a coordinated review process for the development of water resource projects. The coordinated review process described in paragraph
(1)shall require that any analysis, opinion, permit, license, statement, and approval issued or made by a Federal, State, or local governmental agency or an Indian tribe for the planning of a water resource project described in subsection
(b)be conducted, to the maximum extent practicable, concurrently with any other applicable governmental agency or Indian tribe. The coordinated review process under this subsection shall be completed not later than the date on which the Secretary, in consultation and concurrence with the agencies identified under subsection (e), establishes with respect to the water resource project. With respect to the development of each water resource project, the Secretary shall identify, as soon as practicable, all Federal, State, and local government agencies and Indian tribes that may— have jurisdiction over the water resource project; be required by law to conduct or issue a review, analysis, or opinion for the water resource project; or be required to make a determination on issuing a permit, license, or approval for the water resource project. If the coordinated review process is being implemented under this section by the Secretary with respect to the planning of a water resource project described in subsection
(c)within the boundaries of a State, the State, consistent with State law, may choose to participate in the process and to make subject to the process all State agencies that— have jurisdiction over the water resource project; are required to conduct or issue a review, analysis, or opinion for the water resource project; or are required to make a determination on issuing a permit, license, or approval for the water resource project. Subject to paragraph (2), the Corps of Engineers shall be the lead Federal agency in the environmental review process for a water resource project. At the discretion of the Secretary and subject to any applicable regulations under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the concurrence of the proposed joint lead agency, an agency other than the Corps of Engineers may serve as the joint lead agency. A non-Federal interest that is a State or local governmental entity— may, with the concurrence of the Secretary, serve as a joint lead agency with the Corps of Engineers for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and may prepare any environmental review process document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) required in support of any action or approval by the Secretary if— the Secretary provides guidance in the preparation process and independently evaluates that document the non-Federal interest complies with all requirements applicable to the Secretary under— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); any regulation implementing that Act; and any other applicable Federal law; and the Secretary approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document, regardless of whether the action or approval of the Secretary results in Federal funding. The Secretary shall ensure that— the non-Federal interest complies with all design and mitigation commitments made jointly by the Secretary and the non-Federal interest in any environmental document prepared by the non-Federal interest in accordance with this subsection; and any environmental document prepared by the non-Federal interest is appropriately supplemented under paragraph (2)(B) to address any changes to the water resource project the Secretary determines are necessary. Any environmental document prepared in accordance with this subsection may be adopted or used by any Federal agency making any approval to the same extent that the Federal agency could 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. ); and parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations). With respect to the environmental review process for any water resource project, the lead agency shall have authority and responsibility— to take such actions as are necessary and proper and within the authority and responsibility of the lead agency to facilitate the expeditious resolution of the environmental review process for the water resource project; and to prepare or ensure that any required environmental impact statement or other environmental review document for a water resource project 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 lead agency shall identify, as early as practicable in the environmental review process for a water resource project, any other Federal or non-Federal agencies that may have an interest in that project and invite those agencies to become participating or cooperating agencies, as applicable, in the environmental review process for the water resource project. Section 1501.6 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Water Resources Development Act of 2013 ) shall govern the identification and the participation of a cooperating agency under subparagraph (A). An invitation to participate issued under subparagraph
(A)shall set a deadline by which a response to the invitation shall be submitted, which may be extended by the lead agency for good cause. Any Federal agency that is invited by the lead agency to participate in the environmental review process for a water resource project shall be designated as a cooperating agency by the lead agency unless the invited agency informs the lead agency, in writing, by the deadline specified in the invitation that the invited agency— has no jurisdiction or authority with respect to the water resource project; has no expertise or information relevant to the water resource project; or does not have adequate funds to participate in the water resource project; and does not intend to submit comments on the water resource project. Designation as a participating or cooperating agency under this subsection shall not imply that the participating or cooperating agency— supports a proposed water resource project; or has any jurisdiction over, or special expertise with respect to evaluation of, the water resource project. Each 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 impair the ability of the Federal agency to conduct needed analysis or otherwise carry out those obligations; 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 cooperating agencies, including the creation of a list of all data that is needed to carry out an 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, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches; emphasize the importance of collaboration among relevant Federal agencies, State agencies, and Indian tribes in undertaking programmatic reviews, especially with respect to including 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 Federal, State, or tribal agencies, 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, Indian tribes, and the public; allow not fewer than 60 days of public notice and comment on any proposed guidance; and address any comments received under subparagraph (D). The lead agency shall, after consultation with and with the concurrence of each cooperating agency for the water resource project and the non-Federal interest or joint lead agency, as applicable, establish a plan for coordinating public and agency participation in, and comment on, the environmental review process for a water resource project or a category of water resource projects. The plan established under clause
(i)shall be incorporated into the project schedule milestones set under section 905(g)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(g)(2)). The lead agency shall establish the following deadlines for comment during the environmental review process for a water resource project: For comments by Federal and States agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of the draft environmental impact statement, unless— a different deadline is established by agreement of the lead agency, the non-Federal interest, as applicable, and all participating and cooperating agencies; or the deadline is extended by the lead agency for good cause. For all comment periods established by the lead agency for agency or public comments in the environmental review process of an action within a program under the authority of the lead agency other than for a draft environmental impact statement, a period of not more than 30 days after the date on which the materials on which comment is requested are made available, unless— a different deadline is established by agreement of the lead agency, the non-Federal interest, and all cooperating agencies; or the deadline is extended by the lead agency for good cause. In any case in which a decision under any Federal law relating to a project, including the issuance or denial of a permit or license, is required to be made by the date described in subsection (k)(6)(B)(ii), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— as soon as practicable after the 180-day period described in subsection (k)(6)(B)(ii), an initial notice of the failure of the Federal agency to make the decision; and every 60 days thereafter until such date as all decisions of the Federal agency relating to the project have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice. Nothing in this subsection reduces any time period provided for public comment in the environmental review process under applicable Federal law (including regulations). The lead agency, the cooperating agencies, and any participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in the denial of any approval required for the water resource project under applicable laws. The lead agency shall make information available to the cooperating agencies and participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the water resource project area and the general locations of the alternatives under consideration. The information under subparagraph
(A)may be based on existing data sources, including geographic information systems mapping. Based on information received from the lead agency, cooperating and participating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the water resource project, including any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the water resource project. Not later than 45 days after the close of the public comment period on a draft environmental impact statement, the Secretary may convene a meeting with the non-Federal interest or joint lead agency, as applicable, relevant resource agencies, and relevant Federal and State agencies to establish a schedule of deadlines to complete decisions regarding the water resource project. The deadlines referred to in subparagraph
(A)shall be those established by the Secretary, in consultation with and with the concurrence of the non-Federal interest or joint lead agency, as applicable, and other relevant Federal and State agencies. In establishing a schedule, the Secretary shall consider factors such as— the responsibilities of cooperating agencies under applicable laws; the resources available to the non-Federal interest, joint lead agency, and other relevant Federal and State agencies, as applicable; the overall size and complexity of the water resource project; the overall schedule for and cost of the water resource project; and the sensitivity of the natural and historical resources that could be affected by the water resource project. The Secretary may— lengthen a schedule under clause
(i)for good cause; and shorten a schedule only with concurrence of the affected non-Federal interest, joint lead agency, or relevant Federal and State agencies, as applicable. If the agencies described in subparagraph
(A)cannot provide reasonable assurances that the deadlines described in subparagraph
(B)will be met, the Secretary may initiate the issue resolution and referral process described under paragraph
(5)before the completion of the record of decision. A cooperating agency or non-Federal interest may request an issue resolution meeting to be conducted by the Secretary. The Secretary shall convene an issue resolution meeting under clause
(i)with the relevant cooperating agencies and the non-Federal interest, as applicable, to resolve issues that could— delay completion of the environmental review process; or conflict with the ability of a cooperating agency to carry out applicable Federal laws (including regulations). A meeting requested under this subparagraph 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. On receipt of a request for a meeting under this subparagraph, the Secretary shall notify all relevant cooperating agencies of the request, including the issue to be resolved and the date for the meeting. If a relevant cooperating agency with jurisdiction over an action, including a permit approval, review, or other statement or opinion required for a water resource project under applicable law determines that the relevant information necessary to resolve the issue has not been obtained and could not have been obtained within a reasonable time, but the Secretary disagrees, the resolution of the dispute shall be forwarded 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 clause (i). The issue resolution and referral process under this subparagraph shall not be initiated if the applicable agency— notifies, with a supporting explanation, the lead agency, cooperating agencies, and non-Federal interest, as applicable, that— the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, tribal, State, or local law; significant new information, including from public comments, or circumstances, including a major modification to an aspect of the water resource project, requires additional analysis for the agency to make a decision on the water resource project application; or the agency lacks the financial resources to complete the review under the scheduled time frame, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why there is not enough funding available to complete the review by the deadline; and establishes a new deadline for completion of the review. If the applicable agency makes a certification under subclause (I)(aa)(CC), the Inspector General of the applicable agency shall conduct a financial audit to review that certification and submit a report on that certification within 90 days to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. If issue resolution is not achieved by not later than 30 days after the date on which a relevant meeting is held under subparagraph (A), the Secretary shall notify the heads of the relevant cooperating agencies and the non-Federal interest that an issue resolution meeting will be convened. The Secretary shall identify the issues to be addressed at the meeting and convene the meeting not later than 30 days after the date on which the notice is issued. If a resolution is not achieved by not later than 30 days after the date on which an issue resolution meeting is held under subparagraph (B), the Secretary shall submit the matter to the Council on Environmental Quality. Not later than 30 days after the date on which the Council on Environmental Quality receives a submission from the Secretary under subclause (I), the Council on Environmental Quality shall hold an issue resolution meeting with the lead agency, the heads of relevant cooperating agencies and the non-Federal interest. The Council on Environmental Quality may hold public meetings or hearings to obtain additional views and information that the Council on Environmental Quality determines are necessary, consistent with the time frames described in this paragraph. Not later than 30 days after the date on which an issue resolution meeting is convened by the Council on Environmental Quality under clause (i)(II), the Secretary shall— publish findings that explain how the issue was resolved and recommendations (including, where appropriate, a finding that the submission does not support the position of the submitting agency); or if the resolution of the issue was not achieved, submit to the President for action— the submission; any views or additional information developed during any additional hearings under clause (i)(III); and the recommendation of the Council on Environmental Quality. A Federal jurisdictional agency shall complete any required approval or decision on an expeditious basis using the shortest existing applicable process. If a Federal jurisdictional agency fails to render a decision under any Federal law relating to a water resource project that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, statement, opinion, or other approval by the date described in clause (ii), the amount of funds made available to support the office of the head of the Federal jurisdictional agency shall be reduced by an amount of funding equal to the amounts specified in subclause
(I)or
(II)and those funds shall be made available to the division of the Federal jurisdictional agency charged with rendering the decision by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C)— $20,000 for any water resource project requiring the preparation of an environmental assessment or environmental impact statement; or $10,000 for any water resource project requiring any type of review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) other than an environmental assessment or environmental impact statement. The date referred to in clause
(i)is the later of— the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and the date that is 180 days after the date on which the Federal lead agency issues a decision on the water resource project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). No transfer of funds under subparagraph
(B)relating to an individual water resource project shall exceed, in any fiscal year, an amount equal to 1 percent of the funds made available for the applicable agency office. The total amount transferred in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to 5 percent of the funds made available for the applicable agency office for that fiscal year. Notwithstanding any other provision of law, for each fiscal year, the aggregate amount of financial penalties assessed against each applicable agency office under title II of the Water Resources Development Act of 2013 and any other Federal law as a result of a failure of the agency to make a decision by an applicable deadline for environmental review, including the total amount transferred under this paragraph, shall not exceed an amount equal to 9.5 percent of the funds made available for the agency office for that fiscal year. A transfer of funds under this paragraph shall not be made if the applicable agency described in subparagraph
(A)notifies, with a supporting explanation, the lead agency, cooperating agencies, and non-Federal interest, as applicable, that— the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, State, or local law; significant new information, including from public comments, or circumstances, including a major modification to an aspect of the water resource project, requires additional analysis for the agency to make a decision on the water resource project application; or the agency lacks the financial resources to complete the review under the scheduled time frame, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why there is not enough funding available to complete the review by the deadline. If the agency provides notice under clause (i)(III), the Inspector General of the agency shall— conduct a financial audit to review the notice; and not later than 90 days after the date on which the review described in subclause
(I)is completed, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the notice. The Federal agency from which funds are transferred pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds. Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law. The Secretary shall establish a program to measure and report on progress made toward improving and expediting the planning and environmental review process. It is the sense of Congress that— the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other, State agencies, and Indian tribes on environmental review and water resource project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, prevent potential conflicts, and ensure that planning and water resource project development decisions reflect environmental values; and the cooperation referred to in subparagraph
(A)should include the development of policies and the designation of staff that advise planning agencies and non-Federal interests of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes. If requested at any time by a State or non-Federal interest, the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process, shall, to the maximum extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State or non-Federal interest in carrying out early coordination activities. If requested at any time by a State or non-Federal interest, the lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the non-Federal interest, Indian tribe, State and local governments, and other appropriate entities to carry out the early coordination activities, including providing technical assistance in identifying potential impacts and mitigation issues in an integrated fashion. Nothing in this section preempts, supersedes, amends, modifies, repeals, or interferes with— any statutory or regulatory requirement, including for seeking, considering, or responding to public comment; any obligation to comply with the provisions any Federal law, including— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); the regulations issued by the Council on Environmental Quality or any other Federal agency to carry out that Act; and any other Federal environmental law; the reviewability of any final Federal agency action in a court of the United States or in the court of any State; any practice of seeking, considering, or responding to public comment; or any power, jurisdiction, responsibility, duty, or authority that a Federal, State, or local governmental agency, Indian tribe, or non-Federal interest has with respect to carrying out a water resource project or any other provision of law applicable to water resource projects. 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 water resource projects since 2005; publish a review of the survey that includes a description of— the types of actions that were categorically excluded or could 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 interests for new categorical exclusions. Not later than 1 year after the date of enactment of this subsection, if the Secretary has identified a category of activities that merit establishing a categorical exclusion that did not exist on the day before the date of enactment of this subsection based on the review under paragraph (1), 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 Comptroller General of the United States shall— assess the reforms carried out under this section; and not later than 5 years after the date of enactment of this subsection, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the results of the assessment. The Inspector General of the Corps of Engineers shall— assess the reforms carried out under this section; and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate— not later than 2 years after the date of enactment of this subsection, an initial report of the findings of the Inspector General; and not later than 4 years after the date of enactment of this subsection, a final report of the findings. The authority provided by this section expires on the date that is 10 years after the date of enactment of this Act. .
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