Sec. 11301. CODIFICATION OF ONE FEDERAL DECISION
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## SEC. 11301 CODIFICATION OF ONE FEDERAL DECISION ###
(a)In General Section 139 of title 23, United States Code, is amended— ####
(1)in the section heading, by striking “decisionmaking” and inserting “decisionmaking and One Federal Decision”; ####
(2)in subsection (a)— #####
(A)by redesignating paragraphs
(2)through
(8)as paragraphs (4), (5), (6), (8), (9), (10), and (11), respectively; #####
(B)by inserting after paragraph
(1)the following: > > #### “(2) Authorization > > The term ‘authorization’ means any environmental license, permit, approval, finding, or other administrative decision related to the environmental review process that is required under Federal law to site, construct, or reconstruct a project. > > > #### “(3) Environmental document > > The term ‘environmental document’ includes an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).” > ; #####
(C)in subparagraph
(B)of paragraph
(5)(as so redesignated), by striking “process for and completion of any environmental permit” and inserting “process and schedule, including a timetable for and completion of any environmental permit”; and #####
(D)by inserting after paragraph
(6)(as so redesignated) the following: > > #### “(7) Major project > > > ##### “(A) In general > > The term ‘major project’ means a project for which— > > > ###### “(i) > > multiple permits, approvals, reviews, or studies are required under a Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); > > > ###### “(ii) > > the project sponsor has identified the reasonable availability of funds sufficient to complete the project; > > > ###### “(iii) > > the project is not a covered project (as defined in section 41001 of the FAST Act (42 U.S.C. 4370m)); and > > > ###### “(iv) > > > ######
(I)> > the head of the lead agency has determined that an environmental impact statement is required; or > > > ###### “(II) > > the head of the lead agency has determined that an environmental assessment is required, and the project sponsor requests that the project be treated as a major project. > > > ##### “(B) Clarification > > In this section, the term ‘major project’ does not have the same meaning as the term ‘major project’ as described in section 106(h).” > ; ####
(3)in subsection (b)(1)— #####
(A)by inserting “, including major projects,” after “all projects”; and #####
(B)by inserting “as requested by a project sponsor and” after “applied,”; ####
(4)in subsection (c)— #####
(A)in paragraph (6)— ######
(i)in subparagraph (B), by striking “and” at the end; ######
(ii)in subparagraph (C), by striking the period at the end and inserting “; and”; and ######
(iii)by adding at the end the following: > > ##### “(D) > > to calculate annually the average time taken by the lead agency to complete all environmental documents for each project during the previous fiscal year.” > ; and #####
(B)by adding at the end the following: > > #### “(7) Process improvements for projects > > > ##### “(A) In general > > The Secretary shall review— > > > ###### “(i) > > existing practices, procedures, rules, regulations, and applicable laws to identify impediments to meeting the requirements applicable to projects under this section; and > > > ###### “(ii) > > best practices, programmatic agreements, and potential changes to internal departmental procedures that would facilitate an efficient environmental review process for projects. > > > ##### “(B) Consultation > > In conducting the review under subparagraph (A), the Secretary shall consult, as appropriate, with the heads of other Federal agencies that participate in the environmental review process. > > > ##### “(C) Report > > Not later than 2 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall 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 that includes— > > > ###### “(i) > > the results of the review under subparagraph (A); and > > > ###### “(ii) > > an analysis of whether additional funding would help the Secretary meet the requirements applicable to projects under this section.” > ; ####
(5)in subsection (d)— #####
(A)in paragraph (8)— ######
(i)in the paragraph heading, by striking “NEPA” and inserting “environmental”; ######
(ii)in subparagraph (A)— ######
(I)by inserting “and except as provided in subparagraph (D)” after “paragraph (7)”; ######
(II)by striking “permits” and inserting “authorizations”; and ######
(III)by striking “single environment document” and inserting “single environmental document for each kind of environmental document”; ######
(iii)in subparagraph (B)(i)— ######
(I)by striking “an environmental document” and inserting “environmental documents”; and ######
(II)by striking “permits issued” and inserting “authorizations”; and ######
(iv)by adding at the end the following: > > ##### “(D) Exceptions > > The lead agency may waive the application of subparagraph
(A)with respect to a project if— > > > ###### “(i) > > the project sponsor requests that agencies issue separate environmental documents; > > > ###### “(ii) > > the obligations of a cooperating agency or participating agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have already been satisfied with respect to the project; or > > > ###### “(iii) > > the lead agency determines that reliance on a single environmental document (as described in subparagraph (A)) would not facilitate timely completion of the environmental review process for the project.” > ; and #####
(B)by adding at the end the following: > > #### “(10) Timely authorizations for major projects > > > ##### “(A) Deadline > > Except as provided in subparagraph (C), all authorization decisions necessary for the construction of a major project shall be completed by not later than 90 days after the date of the issuance of a record of decision for the major project. > > > ##### “(B) Detail > > The final environmental impact statement for a major project shall include an adequate level of detail to inform decisions necessary for the role of the participating agencies and cooperating agencies in the environmental review process. > > > ##### “(C) Extension of deadline > > The head of the lead agency may extend the deadline under subparagraph
(A)if— > > > ###### “(i) > > Federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph; > > > ###### “(ii) > > the project sponsor requests that the permit or approval follow a different timeline; or > > > ###### “(iii) > > an extension would facilitate completion of the environmental review and authorization process of the major project.” > ; ####
(6)in subsection (g)(1)— #####
(A)in subparagraph (B)— ######
(i)in clause (ii)(IV), by striking “schedule for and cost of” and inserting “time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license) and the cost of”; and ######
(ii)by adding at the end the following: > > ###### “(iii) Major project schedule > > To the maximum extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency shall develop, in concurrence with the project sponsor, a schedule for the major project that is consistent with an agency average of not more than 2 years for the completion of the environmental review process for major projects, as measured from, as applicable— > > > ###### “(I) > > the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or > > > ###### “(II) > > the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact.” > ; #####
(B)by striking subparagraph
(D)and inserting the following: > > ##### “(D) Modification > > > ###### “(i) In general > > Except as provided in clause (ii), the lead agency may lengthen or shorten a schedule established under subparagraph
(B)for good cause. > > > ###### “(ii) Exceptions > > > ###### “(I) Major projects > > In the case of a major project, the lead agency may lengthen a schedule under clause
(i)for a cooperating Federal agency by not more than 1 year after the latest deadline established for the major project by the lead agency. > > > ###### “(II) Shortened schedules > > The lead agency may not shorten a schedule under clause
(i)if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the Federal agency for the project.” > ; #####
(C)by redesignating subparagraph
(E)as subparagraph (F); and #####
(D)by inserting after subparagraph
(D)the following: > > ##### “(E) Failure to meet deadline > > If a cooperating Federal agency fails to meet a deadline established under subparagraph (D)(ii)(I)— > > > ###### “(i) > > the cooperating Federal agency shall submit to the Secretary a report that describes the reasons why the deadline was not met; and > > > ###### “(ii) > > the Secretary shall— > > > ###### “(I) > > transmit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the report under clause (i); and > > > ###### “(II) > > make the report under clause
(i)publicly available on the internet.” > ; ####
(7)in subsection (n), by adding at the end the following: > > #### “(3) Length of environmental document > > > ##### “(A) In general > > Notwithstanding any other provision of law and except as provided in subparagraph (B), to the maximum extent practicable, the text of the items described in paragraphs
(4)through
(6)of section 1502.10(a) of title 40, Code of Federal Regulations (or successor regulations), of an environmental impact statement for a project shall be 200 pages or fewer. > > > ##### “(B) Exemption > > An environmental impact statement for a project may exceed 200 pages, if the lead agency establishes a new page limit for the environmental impact statement for that project.” > ; and ####
(8)by adding at the end the following: > > ### “(p) Accountability and Reporting for Major Projects > > > #### “(1) In general > > The Secretary shall establish a performance accountability system to track each major project. > > > #### “(2) Requirements > > The performance accountability system under paragraph
(1)shall, for each major project, track, at a minimum— > > > ##### “(A) > > the environmental review process for the major project, including the project schedule; > > > ##### “(B) > > whether the lead agency, cooperating agencies, and participating agencies are meeting the schedule established for the environmental review process; and > > > ##### “(C) > > the time taken to complete the environmental review process. > > > ### “(q) Development of Categorical Exclusions > > > #### “(1) In general > > Not later than 60 days after the date of enactment of this subsection, and every 4 years thereafter, the Secretary shall— > > > ##### “(A) > > in consultation with the agencies described in paragraph (2), identify the categorical exclusions described in section 771.117 of title 23, Code of Federal Regulations (or successor regulations), that would accelerate delivery of a project if those categorical exclusions were available to those agencies; > > > ##### “(B) > > collect existing documentation and substantiating information on the categorical exclusions described in subparagraph (A); and > > > ##### “(C) > > provide to each agency described in paragraph (2)— > > > ###### “(i) > > a list of the categorical exclusions identified under subparagraph (A); and > > > ###### “(ii) > > the documentation and substantiating information under subparagraph (B). > > > #### “(2) Agencies described > > The agencies referred to in paragraph
(1)are— > > > ##### “(A) > > the Department of the Interior; > > > ##### “(B) > > the Department of the Army; > > > ##### “(C) > > the Department of Commerce; > > > ##### “(D) > > the Department of Agriculture; > > > ##### “(E) > > the Department of Energy; > > > ##### “(F) > > the Department of Defense; and > > > ##### “(G) > > any other Federal agency that has participated in an environmental review process for a project, as determined by the Secretary. > > > #### “(3) Adoption of categorical exclusions > > > ##### “(A) In general > > Not later than 1 year after the date on which the Secretary provides a list under paragraph (1)(C), an agency described in paragraph
(2)shall publish a notice of proposed rulemaking to propose any categorical exclusions from the list applicable to the agency, subject to the condition that the categorical exclusion identified under paragraph (1)(A) meets the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). > > > ##### “(B) Public comment > > In a notice of proposed rulemaking under subparagraph (A), the applicable agency may solicit comments on whether any of the proposed new categorical exclusions meet the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).” > . ###
(b)Clerical Amendment **[**[23 U.S.C. 101](/us/usc/t23/s101)**]** The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 139 and inserting the following:" “139. Efficient environmental reviews for project decisionmaking and One Federal Decision.” ".
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