Sec. 1306. ACCELERATED DECISIONMAKING
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## SEC. 1306 ACCELERATED DECISIONMAKING Section 139(h) of title 23, United States Code, is amended by striking paragraph
(4)and inserting the following: > > #### “(4) Interim decision on achieving accelerated decisionmaking > > > ##### “(A) In general > > Not later than 30 days after the close of the public comment period on a draft environmental impact statement, the Secretary may convene a meeting with the project sponsor, lead agency, resource agencies, and any relevant State agencies to ensure that all parties are on schedule to meet deadlines for decisions to be made regarding the project. > > > ##### “(B) Deadlines > > The deadlines referred to in subparagraph
(A)shall be those established under subsection (g), or any other deadlines established by the lead agency, in consultation with the project sponsor and other relevant agencies. > > > ##### “(C) Failure to assure > > If the relevant agencies cannot provide reasonable assurances that the deadlines described in subparagraph
(B)will be met, the Secretary may initiate the issue resolution and referral process described under paragraph
(5)and before the completion of the record of decision. > > > #### “(5) Accelerated issue resolution and referral > > > ##### “(A) Agency issue resolution meeting > > > ###### “(i) In general > > A Federal agency of jurisdiction, project sponsor, or the Governor of a State in which a project is located may request an issue resolution meeting to be conducted by the lead agency. > > > ###### “(ii) Action by lead agency > > The lead agency shall convene an issue resolution meeting under clause
(i)with the relevant participating agencies and the project sponsor, including the Governor only if the meeting was requested by the Governor, to resolve issues that could— > > > ###### “(I) > > delay completion of the environmental review process; or > > > ###### “(II) > > result in denial of any approvals required for the project under applicable laws. > > > ###### “(iii) Date > > A meeting requested under this subparagraph shall be held by not later than 21 days after the date of receipt of the request for the meeting, unless the lead agency determines that there is good cause to extend the time for the meeting. > > > ###### “(iv) Notification > > On receipt of a request for a meeting under this subparagraph, the lead agency shall notify all relevant participating agencies of the request, including the issue to be resolved, and the date for the meeting. > > > ###### “(v) Disputes > > If a relevant participating agency with jurisdiction over an approval required for a project under applicable law determines that the relevant information necessary to resolve the issue has not been obtained and could not have been obtained within a reasonable time, but the lead agency disagrees, the resolution of the dispute shall be forwarded to the heads of the relevant agencies for resolution. > > > ###### “(vi) Convention by lead agency > > A lead agency may convene an issue resolution meeting under this subsection at any time without the request of the Federal agency of jurisdiction, project sponsor, or the Governor of a State. > > > ##### “(B) Elevation of issue resolution > > > ###### “(i) In general > > If issue resolution is not achieved by not later than 30 days after the date of a relevant meeting under subparagraph (A), the Secretary shall notify the lead agency, the heads of the relevant participating agencies, and the project sponsor (including the Governor only if the initial issue resolution meeting request came from the Governor) that an issue resolution meeting will be convened. > > > ###### “(ii) Requirements > > The Secretary shall identify the issues to be addressed at the meeting and convene the meeting not later than 30 days after the date of issuance of the notice. > > > ##### “(C) Referral of issue resolution > > > ###### “(i) Referral to council on environmental quality > > > ###### “(I) In general > > If resolution is not achieved by not later than 30 days after the date of an issue resolution meeting under subparagraph (B), the Secretary shall refer the matter to the Council on Environmental Quality. > > > ###### “(II) Meeting > > Not later than 30 days after the date of receipt of a referral from the Secretary under subclause (I), the Council on Environmental Quality shall hold an issue resolution meeting with the lead agency, the heads of relevant participating agencies, and the project sponsor (including the Governor only if an initial request for an issue resolution meeting came from the Governor). > > > ###### “(ii) Referral to the president > > If a resolution is not achieved by not later than 30 days after the date of the meeting convened by the Council on Environmental Quality under clause (i)(II), the Secretary shall refer the matter directly to the President. > > > #### “(6) Financial penalty provisions > > > ##### “(A) In general > > A Federal agency of jurisdiction over an approval required for a project under applicable laws shall complete any required approval on an expeditious basis using the shortest existing applicable process. > > > ##### “(B) Failure to decide > > > ###### “(i) In general > > If an agency described in subparagraph
(A)fails to render a decision under any Federal law relating to a project that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, or other approval by the date described in clause (ii), an amount of funding equal to the amounts specified in subclause
(I)or
(II)shall be rescinded from the applicable office of the head of the agency, or equivalent office to which the authority for rendering the decision has been delegated by law by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C)— > > > ###### “(I) > > $20,000 for any project for which an annual financial plan under section 106(i) is required; or > > > ###### “(II) > > $10,000 for any other project requiring preparation of an environmental assessment or environmental impact statement. > > > ###### “(ii) Description of date > > The date referred to in clause
(i)is the later of— > > > ###### “(I) > > the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and > > > ###### “(II) > > the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). > > > ##### “(C) Limitations > > > ###### “(i) In general > > No rescission of funds under subparagraph
(B)relating to an individual project shall exceed, in any fiscal year, an amount equal to 2.5 percent of the funds made available for the applicable agency office. > > > ###### “(ii) Failure to decide > > The total amount rescinded in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to 7 percent of the funds made available for the applicable agency office for that fiscal year. > > > ##### “(D) No fault of agency > > A rescission of funds under this paragraph shall not be made if the lead agency for the project certifies that— > > > ###### “(i) > > the agency has not received necessary information or approvals from another entity, such as the project sponsor, in a manner that affects the ability of the agency to meet any requirements under State, local, or Federal law; or > > > ###### “(ii) > > significant new information or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application. > > > ##### “(E) Limitation > > The Federal agency with jurisdiction for the decision from which funds are rescinded pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds. > > > ##### “(F) Audits > > In any fiscal year in which any funds are rescinded from a Federal agency pursuant to this paragraph, the Inspector General of that agency shall— > > > ###### “(i) > > conduct an audit to assess compliance with the requirements of this paragraph; and > > > ###### “(ii) > > not later than 120 days after the end of the fiscal year during which the rescission occurred, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the reasons why the transfers were levied, including allocations of resources. > > > ##### “(G) Effect of paragraph > > Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law. > > > #### “(7) Expedient decisions and reviews > > To ensure that Federal environmental decisions and reviews are expeditiously made— > > > ##### “(A) > > adequate resources made available under this title shall be devoted to ensuring that applicable environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are completed on an expeditious basis and that the shortest existing applicable process under that Act is implemented; and > > > ##### “(B) > > the President shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, not less frequently than once every 120 days after the date of enactment of the MAP-21, a report on the status and progress of the following projects and activities funded under this title with respect to compliance with applicable requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): > > > ###### “(i) > > Projects and activities required to prepare an annual financial plan under section 106(i). > > > ###### “(ii) > > A sample of not less than 5 percent of the projects requiring preparation of an environmental impact statement or environmental assessment in each State.” > .
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Sec. 1306
ACCELERATED DECISIONMAKING
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