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 resources 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 resources project.
The term environmental review process includes the process for and completion of any environmental permit, approval, review, or study required for a water resources project under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). 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 this section. The benefits of water resources projects are important to the economy and environment of the United States, and recommendations to Congress regarding those projects should be accelerated by coordinated and efficient review and cooperative efforts to prevent or quickly resolve disputes during the development and implementation of those water resources projects.
The project development procedures under this section apply to the development of 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 resources 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 development of a water resources 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 resources 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 resources project, guidance documents that describe the processes that the Secretary will use to implement this section, 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 resources projects. With respect to the development of each water resources 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 project; be required by law to conduct or issue a review, analysis, or opinion for the project; or be required to make a determination on issuing a permit, license, or approval for the project. If the coordinated review process is being implemented under this section by the Secretary with respect to the development of a water resources 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 project; are required to conduct or issue a review, analysis, or opinion for the project; or are required to make a determination on issuing a permit, license, or approval for the project. Subject to paragraph (2), the Corps of Engineers shall be the lead Federal agency in the environmental review process for a water resources 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.), 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 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 required in support of any action or approval by the Secretary if— the Corps of Engineers provides guidance in the preparation process and independently evaluates that document; 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 if changes to the water resources project become 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. With respect to the environmental review process for any water resources 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 resources project; and to prepare or ensure that any required environmental impact statement or other environmental review document for a water resources 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 resources project, any other Federal or non-Federal agencies that may have an interest in that project and invite those agencies to become participating agencies in the environmental review process for the water resources project. 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 resources project shall be designated as a participating 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 resources project; has no expertise or information relevant to the water resources project; does not intend to submit comments on the water resources project; and does not have adequate funds to participate in the water resources project. Designation as a participating agency under this subsection shall not imply that the participating agency— supports a proposed water resources project; or has any jurisdiction over, or special expertise with respect to evaluation of, the water resources project. Each participating 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 to allow for 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 agencies, including the creation of a list of all data that is needed to carry out an environmental review process; and is consistent with— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and 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 establish a plan for coordinating public and agency participation in, and comment on, the environmental review process for a water resources project or a category of water resources 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 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 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 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 participating 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, 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 shall reduce any time period provided for public comment in the environmental review process under existing Federal law (including regulations). The lead agency and the 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 project under applicable laws. The lead agency shall make information available to the participating 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. 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, participating 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 could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project. Not later than 30 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 project. The deadlines referred to in subparagraph
(A)shall be those established by the Secretary, in consultation with 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 participating 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 project; the overall schedule for and cost of the project; and the sensitivity of the natural and historical resources that could be affected by the 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 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 participating 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 participating agencies and the non-Federal interest, as applicable, to resolve issues that could— delay completion of the environmental review process; or result in denial of any approvals required for the project under applicable laws. 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 participating agencies of the request, including the issue to be resolved and the date for the meeting. If a relevant participating agency with jurisdiction over an approval required for a 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— certifies 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 or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application; or the agency lacks the financial resources to complete the review under the scheduled timeframe, 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 participating 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 refer 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 referral 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 participating agencies and the non-Federal interest. If a resolution of the issue is not achieved by 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 refer the matter directly to the President. A Federal agency with jurisdiction over an approval required for a project under applicable Federal laws (including regulations) shall complete any required approval on an expeditious basis using the shortest existing applicable process. If an agency described in subparagraph
(A)fails to render a decision under any Federal law relating to a project that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, or other approval by the date described in clause (ii), an amount of funding equal to the amounts specified in subclause
(I)or
(II)shall be transferred from the applicable office of the head of the agency, or equivalent office to which the authority for rendering the decision has been delegated by law to the agency or division charged with rendering a decision regarding the application 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 project requiring the preparation of an environmental assessment or environmental impact statement; or $10,000 for any 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 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 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. A transfer of funds under this paragraph shall not be made if— the applicable agency described in subparagraph
(A)certifies 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; or significant new information or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application; or the agency lacks the financial resources to complete the review under the scheduled timeframe, 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 if the applicable agency makes a certification under clause (i)(III), 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. 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. In any fiscal year in which any funds are transferred from a Federal agency pursuant to this paragraph, the Inspector General of that agency shall— conduct an audit to assess compliance with the requirements of this paragraph; and not later than 120 days after the end of the fiscal year in which the transfer occurred, 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 describing the reasons why the transfers were levied, including allocations of resources. 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 resources 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 resources 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, 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, or interferes with— any statutory requirement for seeking public comment; any power, jurisdiction, or authority that a Federal, State, or local government agency, Indian tribe, or non-Federal interest has with respect to carrying out a water resources project; any obligation to comply with the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the regulations issued by the Council on Environmental Quality to carry out that Act or 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, or authority that a Federal, State, or local governmental agency, Indian tribe, or non-Federal interest has with respect to carrying out a water resources project or any other provision of law applicable to water resources development 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 resources projects since 2005; publish a review of the survey that includes a description of— the types of actions categorically excluded; 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 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. .
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