Sec. 1305. Efficient environmental reviews for project decisionmaking
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Section 139(a) of title 23, United States Code, is amended— by striking paragraph
(5)and inserting the following: The term multimodal project means a project that requires the approval of more than 1 Department of Transportation operating administration or secretarial office. ; by adding at the end the following: The term substantial deference means deference by a participating agency to the recommendations and decisions of the lead agency unless it is not possible to defer without violating the participating agency’s statutory responsibilities. . Section 139(b)(3) of title 23, United States Code, is amended— in subparagraph
(A)in the matter preceding clause
(i)by striking initiate a rulemaking to ; and by striking subparagraph
(B)and inserting the following: In carrying out subparagraph (A), the Secretary shall ensure that programmatic reviews— promote transparency, including the transparency of— the analyses and data used in the environmental reviews; the treatment of any deferred issues raised by agencies or the public; and the temporal and spatial scales to be used to analyze issues under subclauses
(I)and (II); use accurate and timely information, including through establishment of— criteria for determining the general duration of the usefulness of the review; and a timeline for updating an out-of-date review; describe— the relationship between any programmatic analysis and future tiered analysis; and the role of the public in the creation of future tiered analysis; are available to other relevant Federal and State agencies, Indian tribes, and the public; and provide notice and public comment opportunities consistent with applicable requirements. . Section 139(c)(1)(A) of title 23, United States Code, is amended by inserting , or an operating administration thereof designated by the Secretary, after Department of Transportation . Section 139(d)(2) of title 23, United States Code, is amended by striking The lead agency shall identify, as early as practicable in the environmental review process for a project, and inserting Not later than 45 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency shall identify . Section 139(d) of title 23, United States Code, is amended by adding at the end the following: Except as inconsistent with paragraph (7), to the maximum extent practicable and consistent with Federal law, all Federal permits and reviews for a project shall rely on a single environment document prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) under the leadership of the lead agency. To the maximum extent practicable, the lead agency shall develop an environmental document sufficient to satisfy the requirements for any Federal approval or other Federal action required for the project, including permits issued by other Federal agencies. Other participating agencies shall cooperate with the lead agency and provide timely information to help the lead agency carry out this subparagraph. A Federal agency required to make an approval or take an action for a project, as described in subparagraph (B), shall work with the lead agency for the project to ensure that the agency making the approval or taking the action is treated as being both a participating and cooperating agency for the project. . Section 139(e) of title 23, United States Code, is amended by adding at the end the following: The lead agency for a project, in consultation with participating agencies, shall develop, as appropriate, a checklist to help project sponsors identify potential natural, cultural, and historic resources in the area of the project. The purposes of the checklist are— to identify agencies and organizations that can provide information about natural, cultural, and historic resources; to develop the information needed to determine the range of alternatives; and to improve interagency collaboration to help expedite the permitting process for the lead agency and participating agencies. . Section 139(f) of title 23, United States Code, is amended— in the subsection heading by inserting after ; Alternatives Analysis ; Need in paragraph (4)— by striking subparagraph
(A)and inserting the following: As early as practicable during the environmental review process, the lead agency shall seek the involvement of participating agencies and the public for the purpose of reaching agreement early in the environmental review process on a reasonable range of alternatives that will satisfy all subsequent Federal environmental review and permit requirements. To the maximum extent practicable and consistent with applicable law, each participating agency receiving an opportunity for involvement under clause
(i)shall— limit the agency’s comments to subject matter areas within the agency’s special expertise or jurisdiction; and afford substantial deference to the range of alternatives recommended by the lead agency. A participating agency that declines to participate in the development of the purpose and need and reasonable range of alternatives for a project shall be required to comply with the schedule developed under subsection (g)(1)(B). ; and in subparagraph (B)— by striking Following participation under paragraph
(1)and inserting the following: Following participation under subparagraph
(A); and by adding at the end the following: To the maximum extent practicable and consistent with Federal law, the range of alternatives determined for a project under clause
(i)shall be used for all Federal environmental reviews and permit processes required for the project unless the alternatives must be modified— to address significant new information or circumstances, and the lead agency and participating agencies agree that the alternatives must be modified to address the new information or circumstances; or for the lead agency or a participating agency to fulfill its responsibilities under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) in a timely manner. . Section 139(g)(1) of title 23, United States Code, is amended— in subparagraph
(A)by striking The lead agency and inserting Not later than 90 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency ; and in subparagraph (B)(i) by striking may establish and inserting shall establish . Section 139(g)(3) of title 23, United States Code, is amended to read as follows: 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 by law, regulation, or Executive order to be made after the date on which the lead agency has issued a categorical exclusion, finding of no significant impact, or record of decision with respect to the project, any such later decision shall be made or completed by the later of— the date that is 180 days after the lead agency’s final decision has been made; or the date that is 180 days after the date on which a completed application was submitted for the permit or license. Following the deadline established by subparagraph (A), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and publish on the Department’s Internet Web site— 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. . Section 139(g) of title 23, United States Code, is amended— by redesignating paragraph
(4)as paragraph (5); and by inserting after paragraph
(3)the following: In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), if the lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the lead agency may write on errata sheets attached to the statement instead of rewriting the draft statement, subject to the condition that the errata sheets— cite the sources, authorities, and reasons that support the position of the agency; and if appropriate, indicate the circumstances that would trigger agency reappraisal or further response. To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless— the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action. . Section 1319 of MAP–21 ( 42 U.S.C. 4332a ), and the item relating to that section in the table of contents contained in section 1(c) of that Act, are repealed. Section 139(h) of title 23, United States Code, is amended— by redesignating paragraphs
(4)through
(7)as paragraphs
(5)through (8), respectively; and by inserting after paragraph
(3)the following: Any issue resolved by the lead agency and participating agencies may not be reconsidered unless significant new information or circumstances arise. . Section 139(h)(5)(C) of title 23, United States Code, (as redesignated by paragraph (1)(A) of this subsection) is amended by striking paragraph
(5)and and inserting paragraph
(6). Section 139(h)(6) of title 23, United States Code, (as redesignated by paragraph (1)(A) of this subsection) is amended by striking subparagraph
(C)and inserting the following: If issue resolution for a project is not achieved on or before the 30th day after the date of a meeting under subparagraph (B), the Secretary shall refer the matter to the Council on Environmental Quality. Not later than 30 days after the date of receipt of a referral from the Secretary under clause (i), the Council on Environmental Quality shall hold an issue resolution meeting with— the head of the lead agency; the heads of relevant participating agencies; and the project sponsor (including the Governor only if the initial issue resolution meeting request came from the Governor). The Council on Environmental Quality shall work with the lead agency, relevant participating agencies, and the project sponsor until all issues are resolved. . Section 139(h)(7)(B)(i)(I) of title 23, United States Code, (as redesignated by paragraph (1)(A) of this subsection) is amended by striking under section 106(i) is required and inserting is required under subsection
(h)or
(i)of section 106 . Section 139(j)(1) of title 23, United States Code, is amended to read as follows: The Secretary may allow a public entity receiving financial assistance from the Department of Transportation under this title or chapter 53 of title 49 to provide funds to Federal agencies (including the Department), State agencies, and Indian tribes participating in the environmental review process for the project or program. Funds referred to in subparagraph
(A)may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes, including planning, approval, and consultation processes for the project or program. . Section 139(j)(2) of title 23, United States Code, is amended by inserting activities directly related to the environmental review process, before dedicated staffing, . Section 139(j)(6) of title 23, United States Code, is amended to read as follows: Prior to providing funds approved by the Secretary for dedicated staffing at an affected agency under paragraphs
(1)and (2), the affected agency and the requesting public entity shall enter into an agreement that establishes the projects and priorities to be addressed by the use of the funds. . Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a rulemaking to implement the provisions of section 139(b)(3) of title 23, United States Code, as amended by this section. Before initiating the rulemaking under paragraph (1), the Secretary shall consult with relevant Federal agencies, relevant State resource agencies, State departments of transportation, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches. In carrying out this subsection, the Secretary shall ensure that the rulemaking meets the requirements of section 139(b)(3)(B) of title 23, United States Code, as amended by this section. The Secretary shall— allow not fewer than 60 days for public notice and comment on the proposed rule; and address any comments received under this subsection.
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