Sec. 1304. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING
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## SEC. 1304 EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING ###
(a)Definitions Section 139(a) of title 23, United States Code, is amended— ####
(1)by striking paragraph
(5)and inserting the following: > > #### “(5) Multimodal project > > The term ‘multimodal project’ means a project that requires the approval of more than 1 Department of Transportation operating administration or secretarial office.” > ; and ####
(2)by striking paragraph
(6)and inserting the following: > > #### “(6) Project > > > ##### “(A) In general > > The term ‘project’ means any highway project, public transportation capital project, or multimodal project that, if implemented as proposed by the project sponsor, would require approval by any operating administration or secretarial office within the Department of Transportation. > > > ##### “(B) Considerations > > In determining whether a project is a project under subparagraph (A), the Secretary shall take into account, if known, any sources of Federal funding or financing identified by the project sponsor, including any discretionary grant, loan, and loan guarantee programs administered by the Department of Transportation.” > . ###
(b)Applicability Section 139(b)(3) of title 23, United States Code, is amended— ####
(1)in subparagraph
(A)in the matter preceding clause
(i)by striking “initiate a rulemaking to”; and ####
(2)by striking subparagraph
(B)and inserting the following: > > ##### “(B) Requirements > > In carrying out subparagraph (A), the Secretary shall ensure that programmatic reviews— > > > ###### “(i) > > promote transparency, including the transparency of— > > > ###### “(I) > > the analyses and data used in the environmental reviews; > > > ###### “(II) > > the treatment of any deferred issues raised by agencies or the public; and > > > ###### “(III) > > the temporal and spatial scales to be used to analyze issues under subclauses
(I)and (II); > > > ###### “(ii) > > use accurate and timely information, including through establishment of— > > > ###### “(I) > > criteria for determining the general duration of the usefulness of the review; and > > > ###### “(II) > > a timeline for updating an out-of-date review; > > > ###### “(iii) > > describe— > > > ###### “(I) > > the relationship between any programmatic analysis and future tiered analysis; and > > > ###### “(II) > > the role of the public in the creation of future tiered analysis; > > > ###### “(iv) > > are available to other relevant Federal and State agencies, Indian tribes, and the public; and > > > ###### “(v) > > provide notice and public comment opportunities consistent with applicable requirements.” > . ###
(c)Federal Lead Agency Section 139(c) of title 23, United States Code, is amended— ####
(1)in paragraph (1)(A) by inserting “, or an operating administration thereof designated by the Secretary,” after “Department of Transportation”; and ####
(2)in paragraph (6)— #####
(A)in subparagraph
(A)by striking “and” at the end; #####
(B)in subparagraph
(B)by striking the period at the end and inserting “; and”; and #####
(C)by adding at the end the following: > > ##### “(C) > > to consider and respond to comments received from participating agencies on matters within the special expertise or jurisdiction of those agencies.” > . ###
(d)Participating Agencies ####
(1)Invitation Section 139(d)(2) of title 23, United States Code, is amended by striking “The lead agency shall identify, as early as practicable in the environmental review process for a project,” and inserting “Not later than 45 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency shall identify”. ####
(2)Single nepa document Section 139(d) of title 23, United States Code, is amended by adding at the end the following: > > #### “(8) Single nepa document > > > ##### “(A) In general > > Except as inconsistent with paragraph (7), to the maximum extent practicable and consistent with Federal law, all Federal permits and reviews for a project shall rely on a single environment document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under the leadership of the lead agency. > > > ##### “(B) Use of document > > > ###### “(i) In general > > To the maximum extent practicable, the lead agency shall develop an environmental document sufficient to satisfy the requirements for any Federal approval or other Federal action required for the project, including permits issued by other Federal agencies. > > > ###### “(ii) Cooperation of participating agencies > > Other participating agencies shall cooperate with the lead agency and provide timely information to help the lead agency carry out this subparagraph. > > > ##### “(C) Treatment as participating and cooperating agencies > > A Federal agency required to make an approval or take an action for a project, as described in subparagraph (B), shall work with the lead agency for the project to ensure that the agency making the approval or taking the action is treated as being both a participating and cooperating agency for the project. > > > #### “(9) Participating agency responsibilities > > An agency participating in the environmental review process under this section shall— > > > ##### “(A) > > provide comments, responses, studies, or methodologies on those areas within the special expertise or jurisdiction of the agency; and > > > ##### “(B) > > use the process to address any environmental issues of concern to the agency.” > . ###
(e)Project Initiation Section 139(e) of title 23, United States Code, is amended— ####
(1)in paragraph
(1)by inserting “(including any additional information that the project sponsor considers to be important to initiate the process for the proposed project)” after “general location of the proposed project”; and ####
(2)by adding at the end the following: > > #### “(3) Review of Application > > Not later than 45 days after the date on which the Secretary receives notification under paragraph (1), the Secretary shall provide to the project sponsor a written response that, as applicable— > > > ##### “(A) > > describes the determination of the Secretary— > > > ###### “(i) > > to initiate the environmental review process, including a timeline and an expected date for the publication in the Federal Register of the relevant notice of intent; or > > > ###### “(ii) > > to decline the application, including an explanation of the reasons for that decision; or > > > ##### “(B) > > requests additional information, and provides to the project sponsor an accounting regarding what documentation is necessary to initiate the environmental review process. > > > #### “(4) Request to designate a lead agency > > > ##### “(A) In general > > Any project sponsor may submit to the Secretary a request to designate the operating administration or secretarial office within the Department of Transportation with the expertise on the proposed project to serve as the Federal lead agency for the project. > > > ##### “(B) Secretarial action > > > ###### “(i) In general > > If the Secretary receives a request under subparagraph (A), the Secretary shall respond to the request not later than 45 days after the date of receipt. > > > ###### “(ii) Requirements > > The response under clause
(i)shall— > > > ###### “(I) > > approve the request; > > > ###### “(II) > > deny the request, with an explanation of the reasons for the denial; or > > > ###### “(III) > > require the submission of additional information. > > > ###### “(iii) Additional information > > If additional information is submitted in accordance with clause (ii)(III), the Secretary shall respond to the submission not later than 45 days after the date of receipt. > > > #### “(5) Environmental Checklist > > > ##### “(A) Development > > The lead agency for a project, in consultation with participating agencies, shall develop, as appropriate, a checklist to help project sponsors identify potential natural, cultural, and historic resources in the area of the project. > > > ##### “(B) Purpose > > The purposes of the checklist are— > > > ###### “(i) > > to identify agencies and organizations that can provide information about natural, cultural, and historic resources; > > > ###### “(ii) > > to develop the information needed to determine the range of alternatives; and > > > ###### “(iii) > > to improve interagency collaboration to help expedite the permitting process for the lead agency and participating agencies.” > . ###
(f)Purpose and Need Section 139(f) of title 23, United States Code, is amended— ####
(1)in the subsection heading by inserting “; Alternatives Analysis” after “Need”; and ####
(2)in paragraph (4)— #####
(A)by striking subparagraph
(A)and inserting the following: > > ##### “(A) Participation > > > ###### “(i) In general > > As early as practicable during the environmental review process, the lead agency shall provide an opportunity for involvement by participating agencies and the public in determining the range of alternatives to be considered for a project. > > > ###### “(ii) Comments of participating agencies > > To the maximum extent practicable and consistent with applicable law, each participating agency receiving an opportunity for involvement under clause
(i)shall limit the comments of the agency to subject matter areas within the special expertise or jurisdiction of the agency. > > > ###### “(iii) Effect of nonparticipation > > A participating agency that declines to participate in the development of the purpose and need and range of alternatives for a project shall be required to comply with the schedule developed under subsection (g)(1)(B).” > ; #####
(B)in subparagraph (B)— ######
(i)by striking “ Following participation under paragraph
(1)” and inserting the following: > > ###### “(i) Determination > > Following participation under subparagraph (A)” > ; and ######
(ii)by adding at the end the following: > > ###### “(ii) Use > > To the maximum extent practicable and consistent with Federal law, the range of alternatives determined for a project under clause
(i)shall be used for all Federal environmental reviews and permit processes required for the project unless the alternatives must be modified— > > > ###### “(I) > > to address significant new information or circumstances, and the lead agency and participating agencies agree that the alternatives must be modified to address the new information or circumstances; or > > > ###### “(II) > > for the lead agency or a participating agency to fulfill the responsibilities of the agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in a timely manner.” > ; and #####
(C)by adding at the end the following: > > ##### “(E) Reduction of duplication > > > ###### “(i) In general > > In carrying out this paragraph, the lead agency shall reduce duplication, to the maximum extent practicable, between— > > > ###### “(I) > > the evaluation of alternatives under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and > > > ###### “(II) > > the evaluation of alternatives in the metropolitan transportation planning process under section 134 or an environmental review process carried out under State law (referred to in this subparagraph as a ‘State environmental review process’). > > > ###### “(ii) Consideration of alternatives > > The lead agency may eliminate from detailed consideration an alternative proposed in an environmental impact statement regarding a project if, as determined by the lead agency— > > > ###### “(I) > > the alternative was considered in a metropolitan planning process or a State environmental review process by a metropolitan planning organization or a State or local transportation agency, as applicable; > > > ###### “(II) > > the lead agency provided guidance to the metropolitan planning organization or State or local transportation agency, as applicable, regarding analysis of alternatives in the metropolitan planning process or State environmental review process, including guidance on the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Federal law necessary for approval of the project; > > > ###### “(III) > > the applicable metropolitan planning process or State environmental review process included an opportunity for public review and comment; > > > ###### “(IV) > > the applicable metropolitan planning organization or State or local transportation agency rejected the alternative after considering public comments; > > > ###### “(V) > > the Federal lead agency independently reviewed the alternative evaluation approved by the applicable metropolitan planning organization or State or local transportation agency; and > > > ###### “(VI) > > the Federal lead agency determined— > > > ###### “(aa) > > in consultation with Federal participating or cooperating agencies, that the alternative to be eliminated from consideration is not necessary for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or > > > ###### “(bb) > > with the concurrence of Federal agencies with jurisdiction over a permit or approval required for a project, that the alternative to be eliminated from consideration is not necessary for any permit or approval under any other Federal law.” > . ###
(g)Coordination and Scheduling ####
(1)Coordination plan Section 139(g)(1) of title 23, United States Code, is amended— #####
(A)in subparagraph
(A)by striking “The lead agency” and inserting “Not later than 90 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency”; and #####
(B)in subparagraph (B)(i) by striking “may establish as part of the coordination plan” and inserting “shall establish as part of such coordination plan”. ####
(2)Deadlines for decisions under other laws Section 139(g)(3) of title 23, United States Code, is amended in the matter preceding subparagraph
(A)by inserting “and publish on the Internet” after “House of Representatives”. ###
(h)Issue Identification and Resolution ####
(1)Issue resolution Section 139(h) of title 23, United States Code, is amended— #####
(A)by redesignating paragraphs
(4)through
(7)as paragraphs
(5)through (8), respectively; and #####
(B)by inserting after paragraph
(3)the following: > > #### “(4) Issue resolution > > Any issue resolved by the lead agency with the concurrence of participating agencies may not be reconsidered unless significant new information or circumstances arise.” > . ####
(2)Failure to assure Section 139(h)(5)(C) of title 23, United States Code (as redesignated by paragraph (1)(A)), is amended by striking “paragraph
(5)and” and inserting “paragraph (6)”. ####
(3)Financial penalty provisions Section 139(h)(7)(B) of title 23, United States Code (as redesignated by paragraph (1)(A)), is amended— #####
(A)in clause (i)(I) by striking “under section 106(i) is required” and inserting “is required under subsection
(h)or
(i)of section 106”; and #####
(B)by striking clause
(ii)and inserting the following: > > ###### “(ii) Description of date > > The date referred to in clause
(i)is— > > > ###### “(I) > > the date that is 30 days after the date for rendering a decision as described in the project schedule established pursuant to subsection (g)(1)(B); > > > ###### “(II) > > if no schedule exists, the later of— > > > ###### “(aa) > > the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and > > > ###### “(bb) > > 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.); or > > > ###### “(III) > > a modified date in accordance with subsection (g)(1)(D).” > . ###
(i)Assistance to Affected State and Federal Agencies ####
(1)In general Section 139(j) of title 23, United States Code, is amended by striking paragraph
(1)and inserting the following: > > #### “(1) In general > > > ##### “(A) Authority to provide funds > > The Secretary may allow a public entity receiving financial assistance from the Department of Transportation under this title or chapter 53 of title 49 to provide funds to Federal agencies (including the Department), State agencies, and Indian tribes participating in the environmental review process for the project or program. > > > ##### “(B) Use of Funds > > Funds referred to in subparagraph
(A)may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes, including planning, approval, and consultation processes for the project or program.” > . ####
(2)Activities Eligible for Funding Section 139(j)(2) of title 23, United States Code, is amended by inserting “activities directly related to the environmental review process,” before “dedicated staffing,”. ####
(3)Agreement Section 139(j) of title 23, United States Code, is amended by striking paragraph
(6)and inserting the following: > > #### “(6) Agreement > > Prior to providing funds approved by the Secretary for dedicated staffing at an affected agency under paragraphs
(1)and (2), the affected agency and the requesting public entity shall enter into an agreement that establishes the projects and priorities to be addressed by the use of the funds.” > . ###
(j)Accelerated Decisionmaking; Improving Transparency in Environmental Reviews ####
(1)In general Section 139 of title 23, United States Code, is amended by adding at the end the following: > > ### “(n) Accelerated Decisionmaking in Environmental Reviews > > > #### “(1) In general > > In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the lead agency may write on errata sheets attached to the statement instead of rewriting the draft statement, subject to the condition that the errata sheets— > > > ##### “(A) > > cite the sources, authorities, and reasons that support the position of the agency; and > > > ##### “(B) > > if appropriate, indicate the circumstances that would trigger agency reappraisal or further response. > > > #### “(2) Single Document > > To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless— > > > ##### “(A) > > the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or > > > ##### “(B) > > there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action. > > > ### “(o) Improving Transparency in Environmental Reviews > > > #### “(1) In general > > Not later than 18 months after the date of enactment of this subsection, the Secretary shall— > > > ##### “(A) > > use the searchable Internet website maintained under section 41003(b) of the FAST Act— > > > ###### “(i) > > to make publicly available the status and progress of projects requiring an environmental assessment or an environmental impact statement with respect to compliance with applicable requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Federal, State, or local approval required for those projects; and > > > ###### “(ii) > > to make publicly available the names of participating agencies not participating in the development of a project purpose and need and range of alternatives under subsection (f); and > > > ##### “(B) > > issue reporting standards to meet the requirements of subparagraph (A). > > > #### “(2) Federal, state, and local agency participation > > > ##### “(A) Federal agencies > > A Federal agency participating in the environmental review or permitting process for a project shall provide to the Secretary information regarding the status and progress of the approval of the project for publication on the Internet website referred to in paragraph (1)(A), consistent with the standards established under paragraph (1)(B). > > > ##### “(B) State and local agencies > > The Secretary shall encourage State and local agencies participating in the environmental review permitting process for a project to provide information regarding the status and progress of the approval of the project for publication on the Internet website referred to in paragraph (1)(A). > > > #### “(3) States with delegated authority > > A State with delegated authority for responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to section 327 shall be responsible for supplying to the Secretary project development and compliance status for all applicable projects.” > . ####
(2)Conforming amendment Section 1319 of MAP-21 (42 U.S.C. 4332a), and the item relating to that section in the table of contents contained in section 1(c) of that Act, are repealed. ###
(k)Implementation of Programmatic Compliance **[**[23 U.S.C. 139 note](/us/usc/t23/s139)**]** ####
(1)Rulemaking Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a rulemaking to implement the provisions of section 139(b)(3) of title 23, United States Code, as amended by this section. ####
(2)Consultation Before initiating the rulemaking under paragraph (1), the Secretary shall consult with relevant Federal agencies, relevant State resource agencies, State departments of transportation, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches. ####
(3)Requirements In carrying out this subsection, the Secretary shall ensure that the rulemaking meets the requirements of section 139(b)(3)(B) of title 23, United States Code, as amended by this section. ####
(4)Comment period The Secretary shall— #####
(A)allow not fewer than 60 days for public notice and comment on the proposed rule; and #####
(B)address any comments received under this subsection.
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Sec. 1304
EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING
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