One Federal Decision Act of 2020
This bill provides statutory authority for the policy that requires federal agencies to coordinate environmental reviews and authorization decisions for major infrastructure projects. It also sets a goal for completing environmental reviews within two years.
The Department of Transportation (DOT) must review existing practices, procedures, programmatic agreements, and applicable laws to identify potential changes that would facilitate an efficient environmental review process for projects.
All authorization decisions for construction of a major project must be completed within 90 days of the issuance of a record of decision for the project, although the lead agency could extend the deadline in some cases.
The lead agency must develop an environmental review schedule with the project sponsor that is consistent with an agency average of not more than two years for the completion of the environmental review process for major projects.
DOT must also (1) establish a performance accountability system to track each major project, and (2) provide other relevant federal agencies with a list of categorical exclusions under the National Environmental Policy Act that are applicable to highway projects and that would accelerate project delivery.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7130 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7130
To amend title 23, United States Code, to streamline the environmental
review process for major projects, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 8, 2020
Mr. Rodney Davis of Illinois (for himself, Mr. Graves of Missouri, Mr.
Balderson, Mr. Bost, Mr. Perry, Mr. Crawford, Mr. Gallagher, Mr.
Rouzer, Mr. Spano, Mr. LaMalfa, and Mr. Babin) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to streamline the environmental
review process for major projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``One Federal Decision Act of 2020''.
SEC. 2. ENVIRONMENTAL REVIEWS FOR MAJOR PROJECTS.
Section 139 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3)(B), 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'';
(B) by redesignating paragraphs (5) through (8) as
paragraphs (9) through (11);
(C) by redesignating paragraphs (2) through (4) as
paragraphs (4) through (6);
(D) 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 an environmental review
process that is required under Federal law to site, construct,
or reconstruct a project.
``(3) Environmental document.--The term `environmental
document' means 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.).'';
and
(E) by inserting after paragraph (6), as
redesignated, the following:
``(7) Major project.--The term `major project' means a
project for which--
``(A) 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.);
``(B) the project sponsor has identified the
reasonable availability of funds sufficient to complete
the project;
``(C) the project is not a covered project, as such
term is defined in section 41001 of the FAST Act (42
U.S.C. 4370m); and
``(D) the head of the lead agency has determined
that--
``(i) an environmental impact statement is
required; or
``(ii) an environmental assessment is
required, and the project sponsor requests that
the project be treated as a major project.'';
(2) in subsection (b)(1)--
(A) by inserting ``, including major projects,''
after ``all projects''; and
(B) by inserting ``, at the request of a project
sponsor'' after ``be applied'';
(3) 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
existing practices, procedures, programmatic
agreements, and applicable laws to identify potential
changes that would facilitate an efficient
environmental review process for projects.
``(B) Consultation.--In conducting the review
required by 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 One Federal Decision Act of
2020, 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 required by
subparagraph (A); and
``(ii) an analysis of whether additional
resources would help the Secretary meet the
requirements applicable to the projects under
this section.'';
(4) in subsection (d)--
(A) in paragraph (8)--
(i) in the heading, by striking ``NEPA''
and inserting ``Environmental'';
(ii) by amending subparagraph (A) to read
as follows:
``(A) In general.--Except as inconsistent with
paragraph (7), and except as provided in subparagraph
(D), to the maximum extent practicable and consistent
with Federal law, all Federal authorizations and
reviews for a project shall rely on a single
environmental document for each type of environmental
document prepared under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) under the
leadership of the lead agency.''; and
(iii) by adding at the end the following:
``(D) Exception.--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 such project; or
``(iii) the lead agency determines that
such application would not facilitate
completion of the environmental review process
for such project within the timeline
established under paragraph (10).'';
(B) by adding at the end the following:
``(10) Timely authorizations for major projects.--
``(A) Deadline.--Except as provided in subparagraph
(C), notwithstanding any other provision of law, 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) Required level of 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 in the environmental review process.
``(C) Extension of deadline.--Not later than 180
days after the date of enactment of the One Federal
Decision Act of 2020, the Secretary shall establish
procedures for a lead agency to extend a deadline under
subparagraph (A) in cases in which--
``(i) Federal law prohibits the lead agency
or another agency from issuing an approval or
permit within the period described in such
subparagraph;
``(ii) such an extension is requested by
the project sponsor; or
``(iii) such extension would facilitate the
completion of the environmental review and
authorization process of the major project.'';
(5) in subsection (g)--
(A) in paragraph (1)(B)--
(i) by amending clause (ii)(IV) to read as
follows:
``(IV) the overall 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 the project;''; 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
consultation 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. The time period measured, as
applicable--
``(I) in the case of a project that
requires an environmental impact
statement, begins on the date of
publication of a notice of intent to
prepare an environmental impact
statement and ends on the date of
publication of a record of decision; or
``(II) in the case of a project
which does not require an environmental
impact statement, begins on the date of
that the decision is made to prepare an
environmental assessment and ends on
the date of issuance of a finding of no
significant impact.'';
(B) by redesignating subparagraph (E) as
subparagraph (F);
(C) by inserting after subparagraph (D) the
following:
``(E) Failure to meet deadline.--If a Federal
cooperating agency fails to meet a deadline established
under subparagraph (D)(ii)(I)--
``(i) not later than 30 days after the date
such agency failed to meet such deadline, such
agency shall submit to the Secretary a report
on why the deadline was not met; and
``(ii) not later than 30 days after the
date on which a report is submitted under
clause (i), 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
such report; and
``(II) make such report available
to the public on the internet.''; and
(6) by adding at the end the following:
``(p) Accountability and Reporting for Major Projects.--
``(1) In general.--Not later than 180 days after the date
of enactment of the One Federal Decision Act of 2020, the
Secretary shall establish a performance accountability system
to track each major project.
``(2) Requirements.--The performance accountability system
required under paragraph (1) shall, for each major project,
track--
``(A) the environmental review process for such
project, including the project schedule required by
subsection (g)(1)(B)(iii);
``(B) whether the lead agency, cooperating
agencies, and participating agencies are meeting such
schedule; 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, the Secretary shall--
``(A) in consultation with the agencies described
in paragraph (2), identify the categorical exclusions
established by the Federal Highway Administration that
would accelerate delivery of a project if such
categorical exclusions were available to such 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) a list of the categorical exclusions identified
under subparagraph (A) and the documentation and
substantiating information collected under subparagraph
(B).
``(2) Agencies described.--The following agencies are
described in this paragraph--
``(A) The Departments of--
``(i) the Interior;
``(ii) Commerce;
``(iii) Agriculture;
``(iv) Energy; and
``(v) Defense, including the United States
Army Corps of Engineers; and
``(B) any other Federal agency that has
participated in an environmental review process for a
major 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 the 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 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
``(B) Public comment.--In a notice of proposed
rulemaking under subparagraph (A), the applicable
agency shall solicit comments on whether any of the
proposed new categorical exclusions meet the criteria
for a categorical exclusion under section 1508.4 of
title 40, Code of Federal Regulations (or successor
regulations).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways and Transit.
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