Sec. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING
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## SEC. 1305 EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING ###
(a)Flexibility Section 139(b) of title 23, United States Code, is amended— ####
(1)in paragraph
(2)by inserting “, and any requirements established under this section may be satisfied,” after “exercised”; and ####
(2)by adding at the end the following: > > #### “(3) Programmatic compliance > > > ##### “(A) In general > > The Secretary shall initiate a rulemaking to allow for the use of programmatic approaches to conduct environmental reviews that— > > > ###### “(i) > > eliminate repetitive discussions of the same issues; > > > ###### “(ii) > > focus on the actual issues ripe for analyses at each level of review; and > > > ###### “(iii) > > are consistent with— > > > ###### “(I) > > the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and > > > ###### “(II) > > other applicable laws. > > > ##### “(B) Requirements > > In carrying out subparagraph (A), the Secretary shall— > > > ###### “(i) > > before initiating the rulemaking under that subparagraph, consult with relevant Federal agencies and State resource agencies, State departments of transportation, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches; > > > ###### “(ii) > > emphasize the importance of collaboration among relevant Federal agencies, State agencies, and Indian tribes in undertaking programmatic reviews, especially with respect to including reviews with a broad geographic scope; > > > ###### “(iii) > > ensure that the programmatic reviews— > > > ###### “(I) > > promote transparency, including of the analyses and data used in the environmental reviews, the treatment of any deferred issues raised by agencies or the public, and the temporal and special scales to be used to analyze such issues; > > > ###### “(II) > > use accurate and timely information in reviews, including— > > > ###### “(aa) > > criteria for determining the general duration of the usefulness of the review; and > > > ###### “(bb) > > the timeline for updating any out-of-date review; > > > ###### “(III) > > describe— > > > ###### “(aa) > > the relationship between programmatic analysis and future tiered analysis; and > > > ###### “(bb) > > the role of the public in the creation of future tiered analysis; and > > > ###### “(IV) > > are available to other relevant Federal and State agencies, Indian tribes, and the public; > > > ###### “(iv) > > allow not fewer than 60 days of public notice and comment on any proposed rule; and > > > ###### “(v) > > address any comments received under clause (iv).” > . ###
(b)Federal Lead Agency Section 139(c) of title 23, United States Code, is amended— ####
(1)in paragraph (1)— #####
(A)by striking “ The Department of Transportation ” and inserting the following: > > ##### “(A) In general > > The Department of Transportation” > ; and #####
(B)by adding at the end the following: > > ##### “(B) Modal administration > > If the project requires approval from more than 1 modal administration within the Department, the Secretary may designate a single modal administration to serve as the Federal lead agency for the Department in the environmental review process for the project.” > . ###
(c)Participating Agencies Section 139(d) of title 23, United States Code, is amended— ####
(1)by striking paragraph
(4)and inserting the following: > > #### “(4) Effect of designation > > > ##### “(A) Requirement > > A participating agency shall comply with the requirements of this section. > > > ##### “(B) Implication > > Designation as a participating agency under this subsection shall not imply that the participating agency— > > > ###### “(i) > > supports a proposed project; or > > > ###### “(ii) > > has any jurisdiction over, or special expertise with respect to evaluation of, the project.” > ; and ####
(2)by striking paragraph
(7)and inserting the following: > > #### “(7) Concurrent reviews > > Each participating agency and cooperating agency shall— > > > ##### “(A) > > carry out the obligations of that agency under other applicable law concurrently, and in conjunction, with the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the ability of the Federal agency to conduct needed analysis or otherwise carry out those obligations; and > > > ##### “(B) > > formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner.” > . ###
(d)Project Initiation Section 139(e) of title 23, United States Code, is amended— ####
(1)by striking “ The project sponsor ” and inserting the following: > > #### “(1) In general > > The project sponsor” > ; and ####
(2)by adding at the end the following: > > #### “(2) Submission of documents > > The project sponsor may satisfy the requirement under paragraph
(1)by submitting to the Secretary any relevant documents containing the information described in that paragraph, including a draft notice for publication in the Federal Register announcing the preparation of an environmental review for the project.” > . ###
(e)Coordination and Scheduling Section 139(g)(1)(B)(i) of title 23, United States Code, is amended by inserting “and the concurrence of” after “consultation with”.
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Sec. 1305
EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING
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