Sec. 311. Expediting Federal agency environmental reviews
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/bill/116/s/1215/is/section-311·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section the term Service means the National Marine Fisheries Service or the United States Fish and Wildlife Service, as appropriate. The Secretary of a military department is authorized to enter into an agreement with a Service to expedite an environmental review, planning, consultation, permitting, or approval process under the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq.) or the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) for a project or program undertaken by the military department.
Each such agreement shall— provide for a payment to a Service for the estimated or actual expenses of undertaking an expedited environmental review, planning, consultation, permitting, or approval process for a project or program undertaken by the military, including payment for— support of or participation in military planning activities that precede the initiation of the environmental review process; activities directly related to the environmental review process, including any associated permitting, authorization, consultation or approval process; dedicated staffing of agency personnel; information gathering or mapping; or development of programmatic agreements; specify the amount of and basis for the payment the Secretary will provide to the Service pursuant to the agreement; and require the Director of the Service to use the payment received pursuant to the agreement only to contribute toward undertaking the environmental review, planning, consultation, permitting, or approval process within the time period described in subsection (c)(1).
The Secretary of a military department may provide a payment pursuant to an agreement under this section only if— the Secretary determines that it is in the interest of national defense to complete an environmental review, planning, consultation, permitting, or approval process by a Service under an Act described in subsection
(b)for a project or program undertaken by the military department within a particular time period; and the Director of a Service provides to the Secretary notice that the Service does not have sufficient funds or adequate personnel to complete such environmental review, planning, consultation, permitting, or approval process within such time period. The Secretary of a military department may use funds available for operations and maintenance to make payments pursuant to an agreement under this section. Payments to a Service under this section, including any payments provided in advance, may be credited to the appropriations of such agency for salaries and expenses. Subject to satisfaction of the requirements of subparagraphs
(B)and
(C)of subsection (b)(2), on use of payments by the Director of a Service, amounts so paid shall be merged with and shall be available for the same purposes and for the same time period as the appropriations so credited. Not later than 180 days after the date of enactment of this section, the Secretary of Defense shall issue guidance to implement this section.
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