Sec. 3. Timelines and process for application review
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/bill/119/hr/8308/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Unless a shorter timeline is provided under another provision of law, an agency that receives an application regarding an authorization shall— publicly document the receipt of— the application online by not later than— 14 days after the date on which the application is received; or in the case of an application pending as of the date of enactment of this section, 30 days after such date of enactment; and any additional information requested under paragraph (3)(B); immediately, upon receipt, notify the applicant in writing that the application was received, and identify the receiving official; and not later than 30 days after notifying the applicant under paragraph
(2)that the application was received, or, in the case of an application pending on the date of enactment of this section, not later than 45 days after such date of enactment, determine whether the application is complete pursuant to the requirements of applicable law and— if the agency determines the application is complete, notify the applicant of such determination; or if the agency determines the application is not complete, notify the applicant of such determination and request from the applicant, in writing, only so much additional information, which may include modifications to the application, that the agency needs to determine the application is complete pursuant to the requirements of applicable law, which such request shall— be clear, comprehensive, and specific regarding the additional information required, or application modifications requested, from the applicant; establish a timeline for both the applicant’s submission of such information and the agency’s subsequent review and response; and be repeated until— the agency determines the application is complete; or the agency determines, under subsection (b)(1)(C), the applicant is not acting in good faith. If an agency has not notified an applicant that the agency determined the application is complete, or has not denied the application, by the date that is 60 days after the date on which the agency requested additional information under subsection (a)(3)(B), unless a shorter timeline is provided under applicable law, the application shall be deemed complete, unless the agency provides to the applicant a written attestation. Such written attestation shall— state and provide evidence that the applicant failed to respond to a request for additional information under subsection (a)(3)(B); or identify why the additional information provided by the applicant was materially deficient, in a clear, comprehensive, and specific, manner. If an agency has not notified an applicant that the agency determined the application is complete, or has not denied the application, by the date that 30 days after the agency provided to the applicant a written attestation under subparagraph (A), the application shall be deemed complete, unless the agency provided to the applicant a second written attestation in accordance with subparagraph (A). If the agency has not notified the applicant that the agency determined the application is complete, or has not denied the application, by the date that 30 days after the agency provided to the applicant a second written attestation under subparagraph (B), the application shall be deemed complete, unless the agency determines the applicant is not acting in good faith. If the agency determines the applicant is not acting in good faith (which shall be subject to judicial review in accordance with section 5(b)(1)) the application shall be deemed denied. A Federal agency may not revoke a determination that an application regarding an authorization is complete. An agency may not request under subsection (a)(3)(B) any information in a request for additional information that was not included or referenced in the original request for additional information, unless the agency demonstrates that the new information is necessary to fulfill a statutory obligation with regard to the applicable authorization. Not later than 30 days after an agency notifies an applicant that the agency determined the application is complete under subsection (a)(3)(A), or 30 days after the date on which the application is deemed complete, unless a shorter deadline is specified under Federal law, the agency shall— if the agency determines an environmental assessment or environmental impact statement is required by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the application for an authorization— notify the applicant in writing that such environmental assessment or environmental impact statement is required; and not later than 30 days after notifying the applicant under subparagraph
(A)issue a public notice of intent to prepare such environmental assessment or environmental impact statement; if the agency determines that a categorical exclusion applies to the authorization, or that the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) does not require the preparation of an environmental assessment or environmental impact statement for the authorization, notify the applicant in writing of such determination; if the agency lacks sufficient information to make a determination under paragraph
(1)or (2), the agency shall, if it has not already, provide for such determination and, as applicable, provide for applicant notification or publishing of the notice of intent within the coordination plan established under section 6; or if applicable, notify the applicant that the agency has determined that it is not required pursuant to the requirements of applicable law to complete any environmental reviews or issue any authorizations for the applicable project. Any person that submits an application to more than one Federal agency for an authorization for a project shall notify each such Federal agency of each application submitted to the other Federal agencies by not later than 7 days after submitting each such application. Paragraph
(1)shall not be construed as requiring applicants to file applications concurrently or simultaneously. An agency may not deny an application for an authorization for a project, or determine an applicant is not acting in good faith under subsection (b)(1), unless the agency provides, at the time of such denial or determination, to the applicant a written statement that— describes the reason for the denial or determination; and establishes that the denial or determination is supported by the record, authorized by the relevant statute.
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Sec. 3
Timelines and process for application review
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