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Code · BILL · 118th Congress · S. 1399 (Introduced in Senate) — To provide for American energy security by improving the permitting process. · Sec. 102

Sec. 102. Streamlining process for authorizations and reviews of energy and natural resources projects

5,708 words·~26 min read·/bill/118/s/1399/is/section-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section: The term categorical exclusion means a categorical exclusion within the meaning of NEPA. The term major project means a project— for which multiple authorizations, reviews, or studies are required under a Federal law other than NEPA; and with respect to which the head of the lead agency has determined that— an environmental impact statement is required; or an environmental assessment is required, and the project sponsor requests that the project be treated as a major project.
The term project means a project— proposed for the construction of infrastructure— to develop, produce, generate, store, transport, or distribute energy; to capture, remove, transport, or store carbon dioxide; or to mine, extract, beneficiate, or process minerals; and that, if implemented as proposed by the project sponsor, would be subject to the requirements that— an environmental document be prepared; and the applicable agency issue an authorization of the activity. The term Secretary concerned means, as appropriate— the Secretary of Agriculture, with respect to the Forest Service; the Secretary of Energy; the Secretary of the Interior; the Federal Energy Regulatory Commission; the Secretary of the Army, with respect to the Corps of Engineers; and the Secretary of Transportation, with respect to the Maritime Administration and the Pipeline and Hazardous Materials Safety Administration.
The project development procedures under this section— shall apply to— all projects for which an environmental impact statement is prepared; all major projects; and to the maximum extent practicable, projects described in clause
(i)or
(ii)for which an authorization is being sought or that are subject to an environmental review process initiated prior to the date of enactment of this Act; may be applied, as requested by a project sponsor and to the extent determined appropriate by the Secretary concerned, to other projects for which an environmental document is prepared; and shall not apply to— any project subject to section 139 of title 23, United States Code; any project that is a water resources development project of the Corps of Engineers; or any authorization of the Corps of Engineers if that authorization is for a project that alters or modifies a water resources development project of the Corps of Engineers. Any authority provided by this section may be exercised, and any requirement established under this section may be satisfied, for a project, class of projects, or program of projects. Nothing in this section— precludes the use of an authority provided under any other provision of law, including for a covered project under title XLI of the FAST Act ( 42 U.S.C. 4370m et seq. ); supersedes or modifies any applicable requirement, authority, or agency responsibility provided under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or any other provision of law; or shall be considered an abbreviated authorization or environmental review process for purposes of section 41001(6)(A)(i)(III) of the FAST Act ( 42 U.S.C. 4370m(6)(A)(i)(III) ). Nothing in this section precludes an agency from serving as a joint lead agency for a project, in accordance with NEPA. With respect to the environmental review process for a project, the lead agency shall have the authority and responsibility— to take such actions as are necessary and appropriate to facilitate the expeditious resolution of the environmental review process for the project; to prepare any required environmental impact statement or other environmental document, or to ensure that such an environmental impact statement or environmental document is completed, in accordance with this section and applicable Federal law; 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, as applicable, for a project— to identify any other agencies that may have financing, environmental review, authorization, or other responsibilities with respect to the project; to invite the identified agencies to become participating agencies in the environmental review process for the project; and to establish, as part of the invitation, a deadline for the submission of a response, which may be extended by the lead agency for good cause; to consider and respond to comments timely received from participating agencies relating to matters within the special expertise or jurisdiction of those agencies; to consider, and, as appropriate, rely on, adopt, or incorporate by reference, baseline data, analyses, and documentation that have been prepared for the project under the laws and procedures of a State or an Indian Tribe if the lead agency determines that— those laws and procedures are of equal or greater rigor, as compared to each applicable Federal law and procedure; and the baseline data, analysis, or documentation, as applicable, was prepared under circumstances that allowed for— opportunities for public participation; consideration of alternatives and environmental consequences; and other required analyses that are substantially equivalent to the analyses that would have been prepared if the baseline data, analysis, or documentation was prepared by the lead agency pursuant to NEPA; and to ensure that the project sponsor complies with design and mitigation commitments for the project made jointly by the lead agency and the project sponsor; and to ensure that environmental documents are appropriately supplemented if changes become necessary with respect to the project. The procedures under this subsection shall not apply to a covered project (as defined in section 41001 of the FAST Act ( 42 U.S.C. 4370m ))— for which a project initiation notice has been submitted pursuant to section 41003(a) of that Act ( 42 U.S.C. 4370m–2(a) ); and that is carried out in accordance with the procedures described in that notice. The Secretary concerned may exercise the authority under this subsection with respect to— a project; a class of projects; or a program of projects. Any Federal agency that is invited by a lead agency to participate in the environmental review process for a 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 responsibility for or interest in the project. A Federal agency that has not been invited by a lead agency to participate in the environmental review process for a project, but that is required to make an authorization or carry out an action for a project, shall— notify the lead agency of the financing, environmental review, authorization, or other responsibilities of the notifying Federal agency with respect to the project; and work with the lead agency to ensure that the agency making the authorization or carrying out the action is treated as a cooperating agency for the project. A participating agency participating in the environmental review process for a project shall— provide comments, responses, studies, or methodologies relating to the areas within the special expertise or jurisdiction of the agency; and use the environmental review process to address any environmental issues of concern to the agency. A participating agency for a project shall comply with the applicable requirements of this section. Designation as a participating agency under this subsection shall not imply that the participating agency— has made a determination to support or deny any project; or has any jurisdiction over, or special expertise with respect to evaluation of, the applicable project. Any agency designated as a cooperating agency shall also be designated by the applicable lead agency as a participating agency under the NEPA implementing regulations. The lead agency and each participating agency for a project shall apply the requirements of section 41005 of the FAST Act ( 42 U.S.C. 4370m–4 ) to the project, subject to the condition that any reference contained in that section to a covered project shall be considered to be a reference to the project under this section. Except as provided in subparagraph (C), to the maximum extent practicable and consistent with Federal law, to achieve compliance with NEPA, all Federal authorizations and reviews that are necessary for a project shall rely on a single environmental document for each type of environmental document prepared under NEPA under the leadership of the lead agency. To the maximum extent practicable, the lead agency shall develop environmental documents sufficient to satisfy the NEPA requirements for any authorization or other Federal action required for the project. Each participating agency shall cooperate with the lead agency and provide timely information to assist the lead agency to carry out subparagraph (A). A lead agency may waive the application of subparagraph
(A)with respect to a project if— the project sponsor requests that agencies issue separate environmental documents; the obligations of a cooperating agency or participating agency under NEPA have already been satisfied with respect to the project; or the lead agency determines, and provides justification in the coordination plan established under subsection (g)(1), that multiple environmental documents are more efficient for the environmental review process or authorization process for the project. Notwithstanding any other provision of law and except as provided in clause (ii), to the maximum extent practicable, the text of the items described in paragraphs
(4)through
(6)of section 1502.10(a) of title 40, Code of Federal Regulations (or successor regulations), of an environmental impact statement for a project shall be not more than 150 pages. The text described in clause (i)— shall be not more than 300 pages in the case of a proposal of unusual scope or complexity; and may exceed 300 pages if the lead agency establishes a new page limit for the environmental impact statement for that project. In preparing a final environmental impact statement for a project, if the lead agency modifies the draft environmental impact statement in response to comments, the lead agency may write on errata sheets attached to the environmental impact statement in lieu of rewriting the draft environmental impact statement, subject to the conditions described in paragraph (2). The conditions referred to in paragraph
(1)are as follows: The comments to which the applicable modification responds shall be minor. The modifications shall be confined to— minor factual corrections; or an explanation of the reasons why the comments do not warrant additional response from the lead agency. The errata sheets shall— cite the sources, authorities, and reasons that support the position of the lead agency; and if appropriate, indicate the circumstances that would trigger reappraisal or further response by the lead agency. Nothing in this subsection precludes a lead agency from responding to comments in a final environmental impact statement in accordance with procedures described in section 1503.4(c) of the NEPA implementing regulations. Except as provided in subparagraph (B), 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, as applicable, for a project, the lead agency shall establish a plan for coordinating public and agency participation in, and comment regarding, the environmental review process and authorization decisions for the project or applicable category of projects (referred to in this paragraph as the coordination plan ). If the project sponsor requests the establishment of a coordination plan for a project by a date earlier than the deadline described in subparagraph (A), the lead agency shall establish the coordination plan not later than 90 days after the request is received by the head of the lead agency. A coordination plan may be incorporated into a memorandum of understanding with the project sponsor, lead agency, and any other appropriate entity to accomplish the coordination activities described in this subsection. As part of a coordination plan for a project, the lead agency shall establish and maintain a schedule for completion of the environmental review process and authorization decisions for the project that— includes the date of project initiation or earliest Federal agency contact for the project, including any pre-application consultation; includes any programmatic environmental document or agreement that is a prerequisite or predecessor for the environmental review process for the project; includes— any Federal authorization, action required as part of the environmental review process, consultation, or similar process that is required through project completion; to the maximum extent practicable, any Indian Tribe, Alaska Native Corporation, State, or local agency authorization, review, consultation, or similar process; and a schedule for each authorization under item
(aa)or (bb), including any pre-application consultations, applications, interim milestones, public comment periods, draft decisions, final decisions, and final authorizations necessary to begin construction; and is established— after consultation with, and the concurrence of, each participating agency for the project; and with the participation of the project sponsor. To the maximum extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency shall develop, with the concurrence of each participating agency for the major project and in consultation with the project sponsor, a schedule for the major project that is consistent with completing— the environmental review process— in the case of major projects for which the lead agency determines an environmental impact statement is required, not later than 2 years after the date of publication by the lead agency of a notice of intent to prepare an environmental impact statement to the record of decision; and in the case of major projects for which the lead agency determines an environmental assessment is required, not later than 1 year after the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact; and any outstanding authorization required for project construction not later than 150 days after the date of an issuance of a record of decision or a finding of no significant impact under subclause (I). In establishing a schedule under subparagraph (D), a Federal lead agency shall consider factors such as— the responsibilities of participating agencies or cooperating agencies under applicable law; resources available to the participating agencies or cooperating agencies; the overall size and complexity of the project; the overall time required by an agency to conduct the environmental review process and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license); the cost of the project; the sensitivity of the natural and historic resources that could be affected by the project; and timelines and deadlines established in this section and other applicable law. Except as provided in clause (iii), the lead agency may lengthen— a schedule established for a project under subparagraph
(D)for good cause, in accordance with clause (ii); or shorten a schedule established for a project under subparagraph
(D)if the lead agency has— good cause; and the concurrence of the project sponsor and any participating agencies. Good cause to lengthen a schedule under clause (i)(I) may include— Federal law prohibiting the lead agency or another agency from issuing an approval or permit within the period required under subparagraph (D); a request from the project sponsor that the permit or approval follow a different timeline; or a determination by the lead agency, with the concurrence of the project sponsor, that an extension would facilitate completion of the environmental review process and authorization process of the project. A lead agency may not shorten a schedule under clause (i)(II) if shortening the schedule would impair the ability of a participating agency— to conduct any necessary analysis; or to otherwise carry out any relevant obligation of the participating agency for the project. In the case of a major project, the lead agency may lengthen a schedule for a project under subparagraph
(D)for a Federal participating agency by not more than 1 year after the latest deadline established for the major project by the lead agency. In the case of a schedule established for a project under subparagraph
(D)prior to the publication of a notice of intent, the lead agency may adjust the schedule, with the concurrence of participating agencies and the participation of the project sponsor, until the date of publication of the notice of intent. If a participating Federal agency fails to meet a schedule or deadline established under subparagraph (D), not later than 30 days after the missed schedule or deadline, the participating Federal agency shall— notify— the Director of the Office of Management and Budget; the Executive Director of the Federal Permitting Improvement Steering Council; the Secretary concerned; the Committee on Energy and Natural Resources of the Senate; the Committee on Environment and Public Works of the Senate; the Committee on Natural Resources of the House of Representatives; and the Committee on Energy and Commerce of the House of Representatives; and include in the notifications under clause (i)— a description of the cause for the failure; and a new schedule or deadline agreed on by the project sponsor, the lead agency, and cooperating agencies. A copy of a schedule for a project under subparagraph (D), and any modifications to such a schedule, shall be— provided to— all participating agencies; and the project sponsor; and in the case of a schedule for a major project under that subparagraph, made available to the public pursuant to subsection (l). No agency shall seek to encourage a sponsor of a project to withdraw or resubmit an application to delay decision making within the timelines under this subsection. The lead agency shall establish the following deadlines for comment during the environmental review process for a project: For comments by 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 a notice of the date of public availability of the draft, unless— a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or the deadline is extended by the lead agency for good cause, together with a documented and publicly available explanation of the need for an extended comment period. For all other comment periods established by the lead agency for agency or public comment for a Federal authorization or in the environmental review process, a period of not more than 45 days beginning on the first date of availability of the materials regarding which comment is requested, unless a different deadline of not more than 60 days is established by agreement of the lead agency and all participating agencies, in consultation with the project sponsor. Nothing in this section— reduces any time period provided for— public comment in the environmental review process; or an authorization for a project under applicable Federal law; creates a requirement for an additional public comment opportunity in addition to any public comment opportunity required for a project under applicable Federal law; or creates a new requirement for public comment on a project for which an environmental assessment is being prepared. Nothing in this subsection affects or creates new requirements for a project or activity that is eligible for a categorical exclusion. In this paragraph, the term applicable deadline means a deadline— for the environmental review process for a major project required under paragraph (1)(D)(ii)(I); for a decision on an authorization for a major project required under paragraph (1)(D)(ii)(II); or described in clause
(i)or
(ii)that has been modified under paragraph (1)(F). A project sponsor may obtain a review of an alleged failure by a Federal agency, or a State agency acting pursuant to Federal law, to act in accordance with an applicable deadline under this section by filing a written petition with a court of competent jurisdiction seeking an order under subparagraph (C). If a court of competent jurisdiction finds that a Federal agency, or a State agency acting pursuant to Federal law, has failed to act in accordance with an applicable deadline, the court shall set a schedule and deadline for the 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 period is necessary to comply with applicable law. The United States Court of Appeals for the District of Columbia shall have original jurisdiction over any civil action brought pursuant to subparagraph (B), in addition to any court of competent jurisdiction under any other Federal law. A court of competent jurisdiction shall set for expedited consideration any action brought under this subsection. The lead agency and each participating agency shall work cooperatively in accordance with this section to facilitate the timely completion of the environmental review and authorization process by identifying and resolving issues that could— delay final decision making for any authorization for a project; delay completion of the environmental review process for a project; or result in the denial of any authorization required for the project under applicable law. A participating agency, project sponsor, or the Governor of a State in which a project is located may request an issue resolution meeting to resolve issues relating to a project that could— delay final decision making for any authorization for a project; significantly delay completion of the environmental review process for a project; or result in the denial of any authorization required for the project under applicable law. Not later than 30 days after the date of receipt of a request under subparagraph (A), the lead agency shall convene an issue resolution meeting, which shall include— the relevant participating agencies; the project sponsor; and the Governor of a State in which the project is located, if the Governor requested the issue resolution meeting under that subparagraph. If issue resolution is not achieved by 30 days after the date of the initial meeting under subparagraph (B), the issue shall be elevated to the head of the lead agency, who shall— notify— the heads of the relevant participating agencies; the project sponsor; and the Governor of a State in which the project is located, if the Governor requested the issue resolution meeting under subparagraph (A); and convene a leadership issue resolution meeting not later than 90 days after the date of the initial meeting under subparagraph
(B)with— the heads of the relevant participating agencies, including any relevant Secretaries; the project sponsor; and the Governor of a State in which the project is located, if the Governor requested the issue resolution meeting under subparagraph (A). A lead agency may convene an issue resolution meeting at any time to resolve issues relating to an authorization or environmental review process for a project, without the request of a participating agency, project sponsor, or the Governor of a State in which the project is located. If issue resolution for a major project is not achieved by 30 days after the date on which a leadership issue resolution meeting is convened under subparagraph (C), the head of the lead agency 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 head of the lead agency under clause (i), the Council on Environmental Quality shall convene an issue resolution meeting with— the head of the lead agency; the heads of relevant participating agencies; the project sponsor; and the Governor of a State in which the major project is located, if the Governor requested the issue resolution meeting under subparagraph (A). An agency shall implement the requirements of this paragraph— unless doing so would prevent the compliance of the agency with existing law; and consistent with, to the maximum extent permitted by law, any dispute resolution process established in an applicable law, regulation, or legally binding agreement. Nothing in this paragraph limits the application of section 41003 of the FAST Act ( 42 U.S.C. 4370m–2 ) to a covered project (as defined in section 41001 of that Act ( 42 U.S.C. 4370m )) that is a project subject to the requirements of this section, including with respect to dispute resolution procedures regarding a permitting timetable. In this subsection, the term covered project means a project— that has a pending environmental review or authorization under NEPA; and for which the lead agency determines a delay to the schedule established under subsection
(g)is likely. At the request of a project sponsor, participating agency, or the Governor of a State in which a covered project is located, the head of the lead agency may provide technical assistance to resolve any outstanding issues that are resulting in project delay for the covered project, including by— providing additional staff, training, and expertise; facilitating interagency coordination; promoting more efficient collaboration; and supplying specialized onsite assistance. In providing technical assistance for a covered project under this subsection, the head of the lead agency shall establish a scope of work that describes the actions that the head of the lead agency will take to resolve the outstanding issues and project delays. In providing technical assistance for a covered project under this subsection, the head of the lead agency shall consult, if appropriate, with participating agencies on all methods available to resolve any outstanding issues and project delays for a covered project as expeditiously as practicable. Except as provided in subsection (k), nothing in this section affects the reviewability of any final Federal agency action in a court of— the United States; or any State. Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of an authorization issued or denied by a Federal agency for a project shall be barred unless the claim is filed by 150 days after the later of the date on which the authorization is final in accordance with the law under which the agency action is taken and the date of publication of a notice that the environmental document is final in accordance with NEPA, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed. A court of competent jurisdiction shall set for expedited consideration any claim arising under Federal law seeking judicial review of an authorization issued or denied by a Federal agency, or a State agency acting pursuant to Federal law, for a project. If a court of competent jurisdiction remands a final Federal agency action for a project to the Federal agency, the court shall set a reasonable schedule and deadline for the agency to act on remand, which shall not exceed 180 days from the date on which the order of the court was issued, unless a longer time period is necessary to comply with applicable law. The head of the Federal agency to which a court remands a final Federal agency action under subparagraph
(A)shall take such actions as may be necessary to provide for the expeditious disposition of the action on remand in accordance with the schedule and deadline set by the court under that subparagraph. To the maximum extent practicable, district courts of the United States and courts of appeals of the United States shall randomly assign cases seeking judicial review of any authorization issued by a Federal agency for a project to judges appointed, designated, or assigned to sit as judges of the court in a manner to avoid the appearance of favoritism or bias. Nothing in this subsection— establishes a right to judicial review; or places any limit on filing a claim that a person has violated the terms of an authorization. With respect to a project— the preparation of a supplemental or revised environmental document for the project, when required, shall be considered to be a separate final agency action for purposes of the deadline under subparagraph (B); and the deadline for filing a claim for judicial review of that action shall be the date that is 150 days after the date of publication of a notice in the Federal Register announcing the final agency action, unless a shorter time is specified in the Federal law pursuant to which judicial review is authorized. Not later than 120 days after the date of enactment of this Act, the Secretary concerned shall— use the searchable internet website maintained under section 41003(b) of the FAST Act ( 42 U.S.C. 4370m–2(b) ) to make publicly available— the status, schedule, and progress of each major project, including a project for which an authorization is being sought or that is subject to an environmental review process initiated prior to the date of enactment of this Act, with respect to compliance with the applicable requirements of NEPA, any authorization, and any other Indian Tribe, State, or local agency authorization required for the major project; and a list of the participating agencies for each major project; and establish such reporting standards as are necessary to meet the requirements of subparagraph (A), which shall include requirements— to track major projects from initiation through the date that final authorizations required to begin construction are issued or the major project is withdrawn; and to update the status, schedule, and progress of major projects to reflect any changes to the project status or schedule, including changes resulting from litigation (including any injunctions, vacatur of authorizations, and timelines for any additional authorization or environmental review process that is required as a result of litigation). A Federal agency participating in the environmental review process or authorization process for a major project shall provide to the Secretary concerned information relating to the status and progress of the authorization of the major project for publication on the internet website referred to in paragraph (1)(A), consistent with the standards established under paragraph (1)(B). The Secretary concerned shall encourage State and local agencies participating in the environmental review process or authorization process for a major project to provide information relating to the status and progress of the authorization of the major project for publication on the internet website referred to in paragraph (1)(A). Each Secretary concerned shall— not later than 1 year after the date of enactment of this Act, establish a performance accountability system for the agency represented by the Secretary concerned; and on establishment of the performance accountability system under paragraph (1), and not less frequently than annually thereafter, publish a report describing performance accountability for each major project authorization and review conducted during the preceding year by the agency represented by the Secretary concerned, including— for each major project for which that agency serves as a lead agency or a participating agency, the extent to which the agency is achieving compliance with each schedule established under this section for an authorization, environmental review process, or consultation; for each major project for which that agency serves as a lead agency, information regarding the average time required to complete each applicable authorization and the environmental review process; and for each major project for which that agency serves as a participating agency with jurisdiction over an authorization, information regarding the average time required to complete the authorization process. The Secretary concerned shall allow for the use of programmatic approaches to conduct environmental reviews that— eliminate repetitive discussions of the same issue; focus on the issues ripe for analysis at each level of review; and are consistent with— NEPA; and other applicable laws. In carrying out this subsection, each lead agency shall ensure that programmatic approaches to conduct environmental review processes— promote transparency, including the transparency of— the analyses and data used in the environmental review process; 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 clauses
(i)and (ii); use accurate and timely information, including through the establishment of— criteria for determining the general duration of the usefulness of the environmental review process; and a timeline for updating any out-of-date environmental review process; describe— the relationship between any programmatic analysis and future tiered analysis; and the role of the public in the creation of future tiered analyses; are available to other relevant Federal and State agencies, Indian Tribes, Alaska Native Corporations, and the public; and provide notice and public comment opportunities consistent with applicable requirements. Not later than 180 days after the date of enactment of this Act, and not less frequently than once every 4 years thereafter, each Secretary concerned, in consultation with the Chair of the Council on Environmental Quality, shall— in consultation with the other agencies described in paragraph (2), as applicable, identify each categorical exclusion available to such an agency that would accelerate delivery of a project if the categorical exclusion was available to the Secretary concerned; and collect existing documentation and substantiating information relating to each categorical exclusion identified under subparagraph (A). The agencies referred to in paragraph
(1)are— the Department of Agriculture; the Department of the Army; the Department of Commerce; the Department of Defense; the Department of Energy; the Department of the Interior; the Federal Energy Regulatory Commission; and any other Federal agency that has participated in an environmental review process for a project, as determined by the Chair of the Council on Environmental Quality. Not later than 1 year after the date on which categorical exclusions are identified under paragraph (1)(A), each Secretary concerned shall— determine whether any such categorical exclusion meets the applicable criteria for a categorical exclusion under— the NEPA implementing regulations; and any relevant regulations of the agency represented by the Secretary concerned; and publish a notice of proposed rulemaking to propose the adoption of any identified categorical exclusion that— is applicable to the agency represented by the Secretary concerned; and meets the applicable criteria described in subparagraph (A). Not later than 180 days after the date of enactment of this Act, and not later than 5 years thereafter, each Secretary concerned shall— conduct a survey regarding the use by the agency represented by the Secretary concerned of categorical exclusions for projects during the 5-year period preceding the date of the survey; publish a review of the survey under subparagraph
(A)that includes a description of— the types of actions eligible for each categorical exclusion covered by the survey; and any requests previously received by the Secretary concerned for new categorical exclusions; and solicit requests for new categorical exclusions. Not later than 120 days after the date of a solicitation of requests under paragraph (1)(C), the Secretary concerned shall publish a notice of proposed rulemaking to propose the adoption of any such new categorical exclusions, to the extent that the categorical exclusions meet the applicable criteria for a categorical exclusions under— the NEPA implementing regulations; and any relevant regulations of the agency represented by the Secretary concerned.
Connectionstraces to 2
4 references not yet in our index
  • 42 USC 4370m–2(a)
  • 42 USC 4370m–4
  • 42 USC 4370m–2
  • 42 USC 4370m–2(b)
Citation graph
cites case law
Sec. 102
Streamlining process for authorizations and reviews of energy and natural resources projects
U.S.C.§ 4370m
U.S.C.§ 4321
Cite42 USC 4370m–2(a)
Cite42 USC 4370m–4
Cite42 USC 4370m–2
Cite42 USC 4370m–2(b)
Cites 6Cited by 0 across 0 sources
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