42 USC 4370m-1 - Federal Permitting Improvement Steering Council

U.S Code last checked for updates: Jun 02, 2024

§ 4370m–1.

Federal Permitting Improvement Steering Council

(a)

Establishment

(b)

Composition

(1)

Chair

The Executive Director shall—

(A)

be appointed by the President; and

(B)

serve as Chair of the Council.

(2)

Council members

(A)

In general

(i)

Designation by head of agency

(I)

In general

(II)

Redesignation

(ii)

Qualifications

(iii)

Support

(I)

In general

(II)

Reporting

(B)

Heads of agencies

The individuals that shall each designate a councilmember under this subparagraph are as follows:

(i)

The Secretary of Agriculture.

(ii)

The Secretary of the Army.

(iii)

The Secretary of Commerce.

(iv)

The Secretary of the Interior.

(v)

The Secretary of Energy.

(vi)

The Secretary of Transportation.

(vii)

The Secretary of Defense.

(viii)

The Administrator of the Environmental Protection Agency.

(ix)

The Chairman of the Federal Energy Regulatory Commission.

(x)

The Chairman of the Nuclear Regulatory Commission.

(xi)

The Secretary of Homeland Security.

(xii)

The Secretary of Housing and Urban Development.

(xiii)

The Chairman of the Advisory Council on Historic Preservation.

(xiv)

Any other head of a Federal agency that the Executive Director may invite to participate as a member of the Council.

(3)

Additional members

(c)

Duties

(1)

Executive Director

(A)

Inventory development

The Executive Director, in consultation with the Council, shall—

(i)

not later than 180 days after December 4, 2015, establish an inventory of covered projects that are pending the environmental review or authorization of the head of any Federal agency;

(ii)

(I)

categorize the projects in the inventory as appropriate, based on sector and project type; and

(II)

for each category, identify the types of environmental reviews and authorizations most commonly involved; and

(iii)

add a covered project to the inventory after receiving a notice described in section 4370m–2(a)(1) of this title.

(B)

Facilitating agency designation

The Executive Director, in consultation with the Council, shall—

(i)

designate a facilitating agency for each category of covered projects described in subparagraph (A)(ii); and

(ii)

publish the list of designated facilitating agencies for each category of projects in the inventory on the Dashboard in an easily accessible format.

(C)

Performance schedules

(i)

In general

(ii)

Requirements

(I)

In general

(II)

Goal

(aa)

In general

(bb)

Exception

(III)

Limit

(aa)

In general

(bb)

Calculation of average time

(cc)

Completion date

(iii)

Review and revision

(D)

Guidance

The Executive Director, in consultation with the Council, may recommend to the Director of the Office of Management and Budget or to the Council on Environmental Quality, as appropriate, that guidance be issued as necessary for agencies—

(i)

to carry out responsibilities under this subchapter; and

(ii)

to effectuate the adoption by agencies of the best practices and recommendations of the Council described in paragraph (2).

(E)

Personnel

(2)

Council

(A)

Recommendations

(i)

In general

(ii)

Update

(B)

Best practices

Not less frequently than annually, the Council shall issue recommendations on the best practices for improving the Federal permitting process for covered projects, which may include—

(i)

enhancing early stakeholder engagement, including—

(I)

engaging with Native American stakeholders to ensure that project sponsors and agencies identify potential natural, archeological, and cultural resources and locations of historic and religious significance in the area of a covered project; and

(II)

fully considering and, as appropriate, incorporating recommendations provided in public comments on any proposed covered project;

(ii)

ensuring timely decisions regarding environmental reviews and authorizations, including through the development of performance metrics;

(iii)

improving coordination between Federal and non-Federal governmental entities, including through the development of common data standards and terminology across agencies;

(iv)

increasing transparency;

(v)

reducing information collection requirements and other administrative burdens on agencies, project sponsors, and other interested parties;

(vi)

developing and making available to applicants appropriate geographic information systems and other tools;

(vii)

creating and distributing training materials useful to Federal, State, tribal, and local permitting officials;

(viii)

in coordination with the Executive Director, improving preliminary engagement with project sponsors in developing coordinated project plans;

(ix)

using programmatic assessments, templates, and other tools based on the best available science and data; and

(x)

addressing other aspects of infrastructure permitting, as determined by the Council.

(C)

Meetings

(3)

Agency CERPOs

An agency CERPO shall—

(A)

advise the respective agency councilmember on matters related to environmental reviews and authorizations, including agency compliance with intermediate and final completion dates described in coordinated project plans;

(B)

provide technical support, when requested to facilitate efficient and timely processes for environmental reviews and authorizations for covered projects under the jurisdictional responsibility of the agency, including supporting timely identification and resolution of potential disputes within the agency or between the agency and other Federal agencies;

(C)

analyze agency environmental review and authorization processes, policies, and authorities and make recommendations to the respective agency councilmember for ways to standardize, simplify, and improve the efficiency of the processes, policies, and authorities, including by implementing guidance issued under paragraph (1)(D) and other best practices, including the use of information technology and geographic information system tools within the agency and across agencies, to the extent consistent with existing law; and

(D)

review and develop training programs for agency staff that support and conduct environmental reviews or authorizations.

(Pub. L. 114–94, div. D, title XLI, § 41002, Dec. 4, 2015, 129 Stat. 1743; Pub. L. 117–58, div. G, title VIII, § 70801(b), (i), Nov. 15, 2021, 135 Stat. 1288, 1294; Pub. L. 117–328, div. E, title VI, § 635(a), Dec. 29, 2022, 136 Stat. 4703.)

cite as: 42 USC 4370m-1