Sec. 1156. STRUCTURES AND FACILITIES CONSTRUCTED BY SECRETARY

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## SEC. 1156 STRUCTURES AND FACILITIES CONSTRUCTED BY SECRETARY ###

(a)In general Section 14 of the Act of March 3, 1899 (30 Stat. 1152, chapter 425; 33 U.S.C. 408), is amended— ####

(1)by striking “ That it shall not be lawful ” and inserting the following: > > ### “(a) Prohibitions and Permissions > > It shall not be lawful” > ; and ####

(2)by adding at the end the following: > > ### “(b) Concurrent Review > > > #### “(1) NEPA review > > > ##### “(A) In general > > In any case in which an activity subject to this section requires a review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), review and approval of the activity under this section shall, to the maximum extent practicable, occur concurrently with any review and decisions made under that Act. > > > ##### “(B) Corps of engineers as a cooperating agency > > If the Corps of Engineers is not the lead Federal agency for an environmental review described in subparagraph (A), the Corps of Engineers shall, to the maximum extent practicable and consistent with Federal laws— > > > ###### “(i) > > participate in the review as a cooperating agency (unless the Corps of Engineers does not intend to submit comments on the project); and > > > ###### “(ii) > > adopt and use any environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the lead agency to the same extent that a Federal agency could adopt or use a document prepared by another Federal agency under— > > > ###### “(I) > > the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and > > > ###### “(II) > > parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations). > > > #### “(2) Reviews by secretary > > In any case in which the Secretary must approve an action under this section and under another authority, including sections 9 and 10 of this Act, section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), and section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413), the Secretary shall— > > > ##### “(A) > > coordinate applicable reviews and, to the maximum extent practicable, carry out the reviews concurrently; and > > > ##### “(B) > > adopt and use any document prepared by the Corps of Engineers for the purpose of complying with the same law and that addresses the same types of impacts in the same geographic area if such document, as determined by the Secretary, is current and applicable. > > > #### “(3) Contributed funds > > The Secretary may accept and expend funds received from non-Federal public or private entities to evaluate under this section an alteration or permanent occupation or use of a work built by the United States. > > > ### “(c) Timely Review > > > #### “(1) Complete application > > On or before the date that is 30 days after the date on which the Secretary receives an application for permission to take action affecting public projects pursuant to subsection (a), the Secretary shall inform the applicant whether the application is complete and, if it is not, what items are needed for the application to be complete. > > > #### “(2) Decision > > On or before the date that is 90 days after the date on which the Secretary receives a complete application for permission under subsection (a), the Secretary shall— > > > ##### “(A) > > make a decision on the application; or > > > ##### “(B) > > provide a schedule to the applicant identifying when the Secretary will make a decision on the application. > > > #### “(3) Notification to congress > > In any case in which a schedule provided under paragraph (2)(B) extends beyond 120 days from the date of receipt of a complete application, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an explanation justifying the extended timeframe for review.” > . ###

(b)Guidance Section 1007 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 408a) is amended by adding at the end the following: > > ### “(f) Guidance > > > #### “(1) In general > > Not later than 120 days after the date of enactment of this subsection, the Secretary shall issue guidance on the implementation of this section. > > > #### “(2) Incorporation > > In issuing guidance under paragraph (1), or any other regulation, guidance, or engineering circular related to activities covered under section 14 of the Act of March 3, 1899 (30 Stat. 1152, chapter 425; 33 U.S.C. 408), the Secretary shall incorporate the requirements under this section. > > > ### “(g) Prioritization > > The Secretary shall prioritize and complete the activities required of the Secretary under this section.” > .

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Sec. 1156

STRUCTURES AND FACILITIES CONSTRUCTED BY SECRETARY

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