Sec. 6. Process coordination
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If there is only one Federal agency with jurisdiction by law or special expertise over a complex authorization for a project, that Federal agency shall be the lead agency for purposes of this section. If there are two or more Federal agencies with jurisdiction by law or special expertise over a complex authorization for a project, such agencies shall, not later than 30 days after the date on which the application for the complex authorization is determined or deemed complete, determine (if such agencies have not done so already) which agency shall be designated as the lead agency based on the considerations described in subparagraph
(A)of section 107(a)(1) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336a(a)(1) ). The lead agency shall have the authority and responsibility, consistent with applicable law— to take such actions as are necessary and proper, within the statutory authority of the lead agency, and in coordination with other participating agencies, to facilitate the expeditious resolution of the environmental review the complex authorization; to prepare or ensure, in coordination and consultation with participating agencies, that such environmental review is completed and a final agency action document is issued in accordance with this Act and applicable Federal law; to ensure coordination and consultation with participating agencies; and to consider and respond to comments received from participating agencies, and coordinate public comment on the environmental review. Not later than 60 days after the date on which an application for a complex authorization is determined or deemed complete, unless a shorter deadline is specified under Federal law, the lead agency shall— identify any other Federal or non-Federal agencies that have jurisdiction by law or special expertise over the applicable project; and invite such agencies, in writing, to become participating agencies in the environmental review for the project. Each such agency shall respond to the invitation not later than 30 days after receiving the invitation, unless a shorter deadline is specified under Federal law. Any Federal agency that is invited by the lead agency to become a participating agency under paragraph (1)(B) shall respond, in writing, to the lead agency by the deadline under paragraph (1)(B) to indicate whether the agency agrees to become a participating agency. If a Federal agency does not provide a response, in writing, to the lead agency by such deadline, the applicant may submit to the Council a request under section 4(b). Any non-Federal agency that is invited by the lead agency to become a participating agency under paragraph (1)(B) shall respond, in writing, to the lead agency by the deadline under paragraph (1)(B) to indicate whether the agency agrees to become a participating agency. Notwithstanding section 8(4), the deadline in subparagraph
(A)shall not apply to the governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually recognized (including parenthetically) in the list published most recently pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). When carrying out an environmental review, each lead agency and participating agency shall— carry out the obligations of such agency under other applicable laws concurrently, and in conjunction, with other required reviews for the project, pursuant to the requirements of applicable law, including, if applicable, under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and formulate and implement administrative, policy, and procedural mechanisms to enable the respective agency to comply with this Act, and to ensure completion of the environmental review in a timely, coordinated, and environmentally responsible manner. Notwithstanding any other provision of law, a Federal agency with jurisdiction by law or special expertise over a complex authorization for a project shall, in collaboration with each other Federal agency with jurisdiction by law or special expertise over another complex authorization for the same project, prepare a single document that contains the final agency action by each such Federal agency for the respective complex authorization for the project. A final agency action document prepared under paragraph
(1)may, if the lead agency determines doing so would facilitate expeditious completion of any remaining environmental reviews for authorizations for the project, contain a performance schedule for the completion of any remaining environmental reviews for authorizations for the project, which shall not exceed one year from the publication of the final agency action document. Each final agency action for a complex authorization contained within a document prepared under paragraph
(1)shall remain legally independent and severable. A determination by a court of competent jurisdiction that one final agency action is invalid or deficient shall not, by itself, invalidate or vacate any other final agency action included in such document, except to the extent specifically required by law. Nothing in this subsection shall be construed to require that all participating agencies complete their respective authorizations before any individual agency may issue its final agency action within its statutory authority. In any judicial review of a final agency action contained within a final agency action document prepared under this subsection, relief shall be limited to the specific authorization challenged, unless a court determines that other authorizations are legally dependent upon the challenged action as a matter of law. Not later than 90 days after inviting agencies to become participating agencies under subsection (b)(1), the lead agency, in consultation with the participating agencies, shall, if it has not already done so for the project, convene the participating agencies to coordinate on establishing and publishing a concise plan for coordinating public and agency participation in, completion of, and comment on the environmental review, as applicable. The coordination plan may be incorporated into a memorandum of understanding. The lead agency shall, after consultation with each participating agency for the project and with the applicant, establish as part of the coordination plan under paragraph (1)— a list of the authorizations required for the project, including a determination as to whether each required authorization is routine or complex; and a schedule for completion of the environmental reviews for the authorization for the project, which shall— be consistent with any other relevant time periods established under Federal law, as well as the process requirements, timelines, and deadlines under this Act; ensure that a final agency action document is issued in accordance with the deadlines under subsection (f); and include intermediate and final milestones for action by each participating agency on any environmental review for an authorization required for the project. To the maximum extent practicable, the schedule and associated milestones shall facilitate the ability of agencies to carry out environmental reviews concurrently. In establishing a schedule under paragraph (2)(B), the lead agency shall identify and consider factors such as— the responsibilities of the lead agency and participating agencies under applicable laws; resources available to participating agencies, including staffing capacity; overall size and complexity of the project, including the ability of an agency to, while complying with the requirements of applicable law— analyze multiple phases of the project’s development activity, which may, according to the discretion of the lead agency in consultation with participating agencies, include all phases anticipated; and for future environmental reviews for the project, to tier off of previous environmental reviews; the overall time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project; the sensitivity of the natural and historic resources that could be affected by the project; and the ability of communities and stakeholders to participate, as applicable, in the environmental review. Except as provided in subparagraphs
(B)and (C), the lead agency may lengthen or shorten a schedule established under paragraph (2)(B) for good cause, with the consent of the applicant. The agency shall lengthen or shorten a schedule under this subparagraph by issuing a revised schedule by not later than 30 days after the applicant provides consent. The lead agency may not lengthen a schedule if doing so would conflict with timelines or deadlines under other applicable laws, unless the applicant consents to such an extension. The lead agency may not shorten a schedule if doing so would, in the opinion of the lead agency or an applicable participating agency, impair the ability of the lead agency or applicable participating agency to conduct necessary analyses or otherwise carry out relevant statutory obligations of the agency for the project. An applicant that consents to an extended or shortened schedule may not challenge the failure of an agency to meet any deadlines in the previous schedule that were changed in the updated schedule. The lead agency shall consult with and maintain communication with applicable participating agencies throughout the environmental review regarding— setting and amending timelines, deadlines, and milestones for environmental reviews; and collecting, analyzing, and incorporating information for environmental reviews, and otherwise carrying out tasks necessary for the timely completion of environmental reviews, pursuant to this section. Nothing in this subsection shall be construed to reduce or increase any time period provided for public comment on an environmental review for an authorization under Federal law, including any regulation. The establishment of a coordination plan, including a project schedule, required by this subsection shall not be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). With respect to any project that requires an authorization for which an environmental document is required by the National Environmental Policy Act of 1969— the Federal agency with jurisdiction by law or special expertise over such authorization, if it requires the preparation of an environmental impact statement, shall make available to the public a draft version of the environmental impact statement for a period of at least 30 days before publishing a final version; and the Federal agency with jurisdiction by law or special expertise over such authorization shall publish the finding of no significant impact, final environmental assessment, or final environmental impact statement not later than 30 days after finalizing such finding of no significant impact, environmental assessment, or environmental impact statement. Unless a shorter deadline is specified under Federal law, the Federal agency with jurisdiction by law or special expertise over a complex authorization shall publicly issue a final agency action on the application for the complex authorization by not later than 90 days after the earliest of the following: The date on which the Federal agency applies a categorical exclusion with respect to the complex authorization. The date on which the Federal agency publishes a finding of no significant impact with respect to the complex authorization. The date on which the Federal agency publishes a final environmental impact statement with respect to the complex authorization. If the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) does not apply with respect to the complex authorization, the first date on which a lead agency or a participating agency completes an environmental review with respect to another complex authorization for the same project. Not later than 30 days after a Federal agency with jurisdiction by law or special expertise over a routine authorization receives a complete application for a routine authorization, unless a shorter deadline is specified under Federal law, such Federal agency shall issue a decision on the application for the routine authorization. If the Federal agency with jurisdiction by law or special expertise over a routine authorization does not issue a decision by the deadline described in the preceding sentence, the application for the routine authorization shall be deemed approved. A Federal agency shall complete the environmental review for a complex authorization and issue a final agency action on the application for the complex authorization by not later than— if the agency determines that a categorical exclusion applies to the complex 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 complex authorization, 6 months after the date on which the application for the complex authorization is determined to be or deemed complete; if the agency determines an environmental assessment is required by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the application for a complex authorization, one year after the date on which the agency determines such environmental assessment is required; or if the agency determines an 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 a complex authorization, two years after the date on which the agency determines such environmental impact statement is required. In any case in which the lead agency or participating agencies have not met the deadlines under subsection (f), adhered to the schedule established as part of the coordination plan under subsection (e), or adhered to a performance schedule included in the single final agency action document under subsection (d), the lead agency and applicable participating agencies, immediately upon missing the deadline or deviating from the schedule, shall— provide the public, the applicant, the lead agency, participating agencies, the Council on Environmental Quality, and the heads of the lead and participating agencies an initial notice of the failure of the applicable agency to adhere to the schedule, issue an authorization, complete an applicable environmental review, or meet another required milestone; not later than every 30 days after providing the initial notice under paragraph (1), provide an additional notice that describes— the agency decisions and environmental reviews that remain outstanding as of the date of the additional notice; and an updated schedule, developed by the lead agency in consultation with each participating agency, that shall not exceed six months from the date of the initial notice; and provide, in writing, the applicant with an opportunity for administrative review of the failure of the applicable agency to adhere to the schedule, issue an authorization, complete an applicable environmental review, or other additional required milestone, to be— initiated not later than 30 days after such failure; and completed not later than 90 days after such failure by career agency Senior Executive Service officials from the lead agency and applicable participating agencies, unless such review is waived by the applicant.
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