Sec. 202. Streamlined permitting and review implementation
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On approval of a Plan by the Secretary under section 108, the Secretary, in consultation with the Indian Tribe, shall identify and invite all Federal agencies that have permitting, review, approval, or other authorization responsibilities with respect to the services or activities to be carried out under the Plan, including responsibilities that require review under NEPA, section 306108 of title 54, United States Code (commonly known as the National Historic Preservation Act ), and other applicable Federal law, to participate in the streamlined permitting and review process described in this section.
The Department shall be the lead Federal agency responsible for implementation of this Act. A Federal agency invited under subsection
(a)shall be designated as a participating agency for a Plan, unless the Federal agency informs the Secretary in writing not later than 14 days after the date on which the Federal agency receives the invitation from the Secretary under that subsection that the Federal agency— has no jurisdiction or review, permitting, or other authorization responsibility with respect to the services or activities to be carried out under the Plan; or does not intend to exercise review, permitting, or other authorization responsibility relating to, or submit comments on, implementation of the Plan. At the request of a Federal agency based on a showing of changed circumstances, the Secretary may designate a Federal agency that has opted out under paragraph (1)(A) to be a participating agency. Designation as a participating agency under paragraph
(1)shall not grant the participating agency authority or jurisdiction over— the Plan; or the services and activities to be carried out under the Plan beyond the existing statutory authority of the participating agency, if any, to approve particular services or activities under the Plan. Not later than 60 days after the date on which a Plan submitted to the Secretary is approved by the Secretary under section 108, the Secretary and the applicable Indian Tribe, in consultation with each participating agency designated under subsection (b)(1), shall develop a coordinated project schedule for completing any review and obtaining any permit or other authorization required to carry out the services and activities under the Plan, except those requirements waived under section 107. A coordinated project schedule shall include the following information: A list of, and roles and responsibilities for, all participating agencies with review, permitting, or other authorization responsibility for services or activities under the Plan. A discussion of potential avoidance, minimization, and mitigation strategies, if known and required by applicable Federal law. A plan and schedule for public and Tribal outreach and coordination, to the extent required by applicable Federal law. If applicable, an environmental review timetable, as described in subsection (d). The information described in subparagraph
(A)shall be updated by the Secretary not less frequently than once per quarter. As part of a coordinated project schedule, the Secretary, in consultation with the applicable Indian Tribe, each participating agency, and, if appropriate, any State in which the relevant services or activities in the Plan are located, shall establish an environmental review timetable that includes intermediate and final completion dates for all required environmental reviews necessary for each permit or other authorization required by a participating agency to support completion of the services or activities in the Plan that have not otherwise been waived under section 107, including any review required pursuant to NEPA. To the maximum extent practicable, and consistent with applicable Federal law, an environmental review timetable established under paragraph
(1)shall not exceed an overall term of 1 year after a Plan is approved. If a participating agency is required to issue a determination with respect to an environmental review, permit, or other authorization as part of the coordinated project schedule described in paragraph (1), the participating agency shall issue the determination not later than 90 days after all the required information for the environmental review, permit, or other authorization is in possession of the participating agency. If the Secretary determines that an environmental review, permit, or other authorization will not be completed or issued in accordance with this subsection, the Secretary shall— notify the participating agency responsible for completing the environmental review or issuing the permit or other authorization of the discrepancy; and request that the participating agency take such measures as the Secretary, in consultation with the participating agency, determines appropriate to comply with that environmental review timetable. To efficiently integrate the exercise of review, permitting, and other authorization responsibilities, each participating agency shall, to the maximum extent practicable— carry out the responsibilities of the participating agency with respect to a Plan concurrently, and in conjunction with, the responsibilities of other participating agencies, including reviews required under NEPA and section 306108 of title 54, United States Code (commonly known as the National Historic Preservation Act ), unless the participating agency determines that doing so would impair the ability of the participating agency to carry out the other statutory obligations of the participating agency; formulate and implement administrative, policy, and procedural mechanisms to enable the participating agency to ensure completion of the process for reviews and issuance of permits and other authorizations in a timely, coordinated, and responsible manner; and where an environmental impact statement is required for services or activities in a Plan pursuant to section 102(2)(C) of NEPA ( 42 U.S.C. 4332(2)(C) ), prepare a single, interagency environmental impact statement for the services or activities unless the Secretary provides justification in the coordinated project schedule that multiple environmental impact statements are more efficient. On the request of an Indian Tribe, the Secretary shall consider and, as appropriate, adopt or incorporate by reference, the analysis and documentation prepared for a Plan under the laws and procedures of the Indian Tribe as the documentation, or part of the documentation, required to complete a review or issue a permit or other authorization for the Plan. A document adopted under subparagraph
(A)or a document that includes documentation incorporated under that subparagraph may serve as the documentation required for an environmental review or a supplemental environmental review required to be prepared by a lead agency pursuant to NEPA. For all environmental reviews required pursuant to NEPA that require consideration of a no action alternative, there shall be a presumption that, given the ongoing threats addressed by this Act, the effects of taking no action will be negative for the Indian Tribe. An Indian Tribe may obtain a review of an alleged failure by a participating agency to act in accordance with an applicable deadline described in a coordinated project schedule by filing a written petition with a court of competent jurisdiction seeking an order under paragraph (2). If a court of competent jurisdiction finds that a participating agency has failed to act in accordance with an applicable deadline described in paragraph (1), the court shall set a schedule and deadline for the participating agency to act as soon as practicable, which shall not exceed 90 days from the date on which the order of the court is issued, unless the court determines a longer time is necessary to comply with applicable law.
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Sec. 202
Streamlined permitting and review implementation
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