Sec. 1320. MEMORANDA OF AGENCY AGREEMENTS FOR EARLY COORDINATION
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## SEC. 1320 MEMORANDA OF AGENCY AGREEMENTS FOR EARLY COORDINATION **[**[23 U.S.C. 139 note](/us/usc/t23/s139)**]** ###
(a)In General It is the sense of Congress that— ####
(1)the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other and other agencies on environmental review and project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, head off potential conflicts, and ensure that planning and project development decisions reflect environmental values; and ####
(2)such cooperation should include the development of policies and the designation of staff that advise planning agencies or project sponsors of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes. ###
(b)Technical Assistance If requested at any time by a State or local planning agency, the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process, shall, to the extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State or local planning agency on accomplishing the early coordination activities described in subsection (d). ###
(c)Memorandum of Agency Agreement If requested at any time by a State or local planning agency, the lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the project sponsor, State, and local governments and other appropriate entities to accomplish the early coordination activities described in subsection (d). ###
(d)Early Coordination Activities Early coordination activities shall include, to the maximum extent practicable, the following: ####
(1)Technical assistance on identifying potential impacts and mitigation issues in an integrated fashion. ####
(2)The potential appropriateness of using planning products and decisions in later environmental reviews. ####
(3)The identification and elimination from detailed study in the environmental review process of the issues that are not significant or that have been covered by prior environmental reviews. ####
(4)The identification of other environmental review and consultation requirements so that the lead and cooperating agencies may prepare, as appropriate, other required analyses and studies concurrently with planning activities. ####
(5)The identification by agencies with jurisdiction over any permits related to the project of any and all relevant information that will reasonably be required for the project. ####
(6)The reduction of duplication between requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and State and local planning and environmental review requirements, unless the agencies are specifically barred from doing so by applicable law. ####
(7)Timelines for the completion of agency actions during the planning and environmental review processes. ####
(8)Other appropriate factors.
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