49 U.S.C. § 310 — Aligning Federal environmental reviews

submitted 11 years ago by Pub. L. 114-94 to r/title-49-TRANSPORTATION · 827 words · no verdicts yet

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The Department of Transportation must build a coordinated process so federal agencies review transportation projects' environmental impacts together and on time. It must create a checklist to spot natural, cultural, and historic resources early, and hold yearly meetings between agencies. It also must track progress and report to Congress.

(a) Coordinated and Concurrent Environmental Reviews. Within 1 year of this section becoming law, the Department of Transportation must work with other federal agencies that review or approve transportation projects to build a coordinated, concurrent process for environmental review and permitting. This applies whenever a project starts an environmental impact statement under the National Environmental Policy Act (NEPA). (b) Contents. That process must: make sure DOT and the reviewing agencies have enough information early on to define a project's purpose, need, and range of alternatives that everyone will rely on; reach early agreement — or resolve disagreements — on that purpose-and-need statement during NEPA scoping, and on the range of alternatives while writing the environmental impact statement, unless a legal or executive-order obligation forces reconsideration; and resolve any such reconsideration quickly if it becomes necessary. (c) Environmental Checklist. Within 90 days, DOT and the relevant reviewing agencies must jointly create a checklist to help project sponsors spot natural, cultural, and historic resources near a proposed project. The checklist should identify which agencies have jurisdiction, gather the information needed to define purpose, need, and alternatives, and improve agency teamwork to speed up permitting. (d) Interagency Collaboration. Consistent with federal environmental law, DOT must hold yearly meetings between agencies to coordinate workload planning and workforce management. These sessions must make sure staff are fully engaged, using existing rules and guidance flexibly, and finding new ways to make reviews faster and better. They must focus on helping state and local transportation agencies improve project planning and applications, and on coordinating early with tribal, state, local, and other stakeholders. The sessions must include consulting groups or individuals representing state, tribal, and local governments involved in permitting. (e) Performance Measurement. Within 1 year, DOT must set up a program, with other relevant agencies, to measure and report progress on speeding up reviews and cutting permitting delays. (f) Reports. Within 2 years, and every two years after that, DOT must send Congress — and post publicly — a report on progress aligning environmental reviews and its effect on speeding up permitting. Within 3 years, DOT's Inspector General must send Congress a similar report on progress and impact. (g) Savings Provision. This section does not apply to any project covered by section 139 of title 23.

the actual law source: uscode.house.gov ↗public domain

(a)Coordinated and Concurrent Environmental Reviews.—

Not later than 1 year after the date of enactment of this section, the Department of Transportation, in coordination with the heads of Federal agencies likely to have substantive review or approval responsibilities under Federal law, shall develop a coordinated and concurrent environmental review and permitting process for transportation projects when initiating an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (in this section referred to as “NEPA”).

(b)Contents.—

The coordinated and concurrent environmental review and permitting process developed under subsection (a) shall—

(1)

ensure that the Department of Transportation and agencies of jurisdiction possess sufficient information early in the review process to determine a statement of a transportation project’s purpose and need and range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project;

(2)

achieve early concurrence or issue resolution during the NEPA scoping process on the Department of Transportation’s statement of a project’s purpose and need, and during development of the environmental impact statement on the range of alternatives for analysis, that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration in order to meet an agency of jurisdiction’s obligations under a statute or Executive order; and

(3)

achieve concurrence or issue resolution in an expedited manner if circumstances arise that require a reconsideration of the purpose and need or range of alternatives considered during any Federal agency’s environmental or permitting review in order to meet an agency of jurisdiction’s obligations under a statute or Executive order.

(c)Environmental Checklist.—

(1)In general.—

Not later than 90 days after the date of enactment of this section, the Secretary of Transportation and Federal agencies of jurisdiction likely to have substantive review or approval responsibilities on transportation projects shall jointly develop a checklist to help project sponsors identify potential natural, cultural, and historic resources in the area of a proposed project.

(2)Purpose.—

The purpose of the checklist shall be to—

(A)

identify agencies of jurisdiction and cooperating agencies;

(B)

develop the information needed for the purpose and need and alternatives for analysis; and

(C)

improve interagency collaboration to help expedite the permitting process for the lead agency and agencies of jurisdiction.

(d)Interagency Collaboration.—

(1)In general.—

Consistent with Federal environmental statutes, the Secretary of Transportation shall facilitate annual interagency collaboration sessions at the appropriate jurisdictional level to coordinate business plans and facilitate coordination of workload planning and workforce management.

(2)Purpose of collaboration sessions.—

The interagency collaboration sessions shall ensure that agency staff is—

(A)

fully engaged;

(B)

utilizing the flexibility of existing regulations, policies, and guidance; and

(C)

identifying additional actions to facilitate high quality, efficient, and targeted environmental reviews and permitting decisions.

(3)Focus of collaboration sessions.—

The interagency collaboration sessions, and the interagency collaborations generated by the sessions, shall focus on methods to—

(A)

work with State and local transportation entities to improve project planning, siting, and application quality; and

(B)

consult and coordinate with relevant stakeholders and Federal, tribal, State, and local representatives early in permitting processes.

(4)Consultation.—

The interagency collaboration sessions shall include a consultation with groups or individuals representing State, tribal, and local governments that are engaged in the infrastructure permitting process.

(e)Performance Measurement.—

Not later than 1 year after the date of enactment of this section, the Secretary of Transportation, in coordination with relevant Federal agencies, shall establish a program to measure and report on progress toward aligning Federal reviews and reducing permitting and project delivery time as outlined in this section.

(f)Reports.—

(1)Report to congress.—

Not later than 2 years after the date of enactment of this section and biennially thereafter, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and make publicly available on the Department of Transportation website, a report that describes—

(A)

progress in aligning Federal environmental reviews under this section; and

(B)

the impact this section has had on accelerating the environmental review and permitting process.

(2)Inspector general report.—

Not later than 3 years after the date of enactment of this section, the Inspector General of the Department of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—

(A)

progress in aligning Federal environmental reviews under this section; and

(B)

the impact this section has had on accelerating the environmental review and permitting process.

(g)Savings Provision.—

This section shall not apply to any project subject to section 139 of title 23.

Source credit: (Added Pub. L. 114–94, div. A, title I, § 1313(a), Dec. 4, 2015, 129 Stat. 1400; amended Pub. L. 115–420, § 3, Jan. 3, 2019, 132 Stat. 5444.)

history & why it existsrecord from the source credit

2015Enacted · Pub. L. 114-94 · 129 Stat. 1400
2019Amended · Pub. L. 115-420 · 132 Stat. 5444

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-94 on 2015-12-04.

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