42 U.S.C. § 4336a | Timely and unified Federal reviews

(a)

Lead agency

(1)

Designation

(A)

In general

If there are two or more participating Federal agencies, such agencies shall determine, by letter or memorandum, which agency shall be the lead agency based on consideration of the—

(i)

magnitude of agency’s involvement;

(ii)

project approval or disapproval authority;

(iii)

expertise concerning the action’s environmental effects;

(iv)

duration of agency’s involvement; and

(v)

sequence of agency’s involvement.

(B)

Joint lead agencies

In making a determination under subparagraph (A), the participating Federal agencies may appoint such State, Tribal, or local agencies as joint lead agencies as the involved Federal agencies shall determine appropriate. Joint lead agencies shall jointly fulfill the role described in paragraph (2).

(2)

Role

A lead agency shall, with respect to a proposed agency action—

(A)

supervise the preparation of an environmental document if, with respect to such proposed agency action, there is more than one participating Federal agency;

(B)

request the participation of each cooperating agency at the earliest practicable time;

(C)

in preparing an environmental document, give consideration to any analysis or proposal created by a cooperating agency;

(D)

develop a schedule, in consultation with each cooperating agency, the applicant, and such other entities as the lead agency determines appropriate, for completion of any environmental review, permit, or authorization required to carry out the proposed agency action;

(E)

if the lead agency determines that a review, permit, or authorization will not be completed in accordance with the schedule developed under subparagraph (D), notify the agency responsible for issuing such review, permit, or authorization of the discrepancy and request that such agency take such measures as such agency determines appropriate to comply with such schedule; and

(F)

meet with a cooperating agency that requests such a meeting.

(3)

Cooperating agency

The lead agency may, with respect to a proposed agency action, designate any Federal, State, Tribal, or local agency that has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposal to serve as a cooperating agency. A cooperating agency may, not later than a date specified in the schedule established by the lead agency, submit comments to the lead agency.

(4)

Request for designation

Any Federal, State, Tribal, or local agency or person that is substantially affected by the lack of a designation of a lead agency with respect to a proposed agency action under paragraph (1) may submit a written request for such a designation to a participating Federal agency. An agency that receives a request under this paragraph shall transmit such request to each participating Federal agency and to the Council.

(5)

Council designation

(A)

Request

If the participating Federal agencies are unable to agree on the designation of a lead agency within 45 days of the request under paragraph (4), then the Federal, State, Tribal or local agency or person that is substantially affected by the lack or a designation of a lead agency may request that the Council designate a lead agency. Such request shall consist of—

(i)

a precise description of the nature and extent of the proposed agency action; and

(ii)

a detailed statement with respect to each participating Federal agency and each factor listed in paragraph (1) regarding which agency should serve as lead agency.

(B)

Transmission

The Council shall transmit a request received under subparagraph (A) to each participating Federal agency.

(C)

Response

A participating Federal agency may, not later than 20 days after the date of the submission of a request under subparagraph (A), submit to the Council a response to such request.

(D)

Designation

Not later than 40 days after the date of the submission of a request under subparagraph (A), the Council shall designate the lead agency with respect to the relevant proposed agency action.

(b)

One document

To the extent practicable, if a proposed agency action will require action by more than one Federal agency and the lead agency has determined that it requires preparation of an environmental document, the lead and cooperating agencies shall evaluate the proposal in a single environmental document.

(c)

Request for public comment

section 4332 of this titleEach notice of intent to prepare an environmental impact statement under shall include a request for public comment on alternatives or impacts and on relevant information, studies, or analyses with respect to the proposed agency action.

(d)

Statement of purpose and need

Each environmental document shall include a statement of purpose and need that briefly summarizes the underlying purpose and need for the proposed agency action.

(e)

Page limits

(1)

Environmental impact statements

(A)

In general

Except as provided in subparagraph (B), an environmental impact statement shall not exceed 150 pages, not including any citations or appendices.

(B)

Extraordinary complexity

An environmental impact statement for a proposed agency action of extraordinary complexity shall not exceed 300 pages, not including any citations or appendices.

(2)

Environmental assessments

An environmental assessment shall not exceed 75 pages, not including any citations or appendices.

(f)

Sponsor preparation

A lead agency shall prescribe procedures to allow a project sponsor to prepare an environmental assessment or an environmental impact statement under the supervision of the agency. Such agency may provide such sponsor with appropriate guidance and assist in the preparation. The lead agency shall independently evaluate the environmental document and shall take responsibility for the contents.

(g)

Deadlines

(1)

In general

Except as provided in paragraph (2), with respect to a proposed agency action, a lead agency shall complete, as applicable—

(A)

the environmental impact statement not later than the date that is 2 years after the sooner of, as applicable—

(i)

section 4332(2)(C) of this title the date on which such agency determines that requires the issuance of an environmental impact statement with respect to such action;

(ii)

the date on which such agency notifies the applicant that the application to establish a right-of-way for such action is complete; and

(iii)

the date on which such agency issues a notice of intent to prepare the environmental impact statement for such action; and

(B)

the environmental assessment not later than the date that is 1 year after the sooner of, as applicable—

(i)

section 4336(b)(2) of this title the date on which such agency determines that requires the preparation of an environmental assessment with respect to such action;

(ii)

the date on which such agency notifies the applicant that the application to establish a right-of-way for such action is complete; and

(iii)

the date on which such agency issues a notice of intent to prepare the environmental assessment for such action.

(2)

Delay

A lead agency that determines it is not able to meet the deadline described in paragraph (1) may extend such deadline, in consultation with the applicant, to establish a new deadline that provides only so much additional time as is necessary to complete such environmental impact statement or environmental assessment.

(3)

Petition to court

(A)

Right to petition

A project sponsor may obtain a review of an alleged failure by an agency to act in accordance with an applicable deadline under this section by filing a written petition with a court of competent jurisdiction seeking an order under subparagraph (B).

(B)

Court order

If a court of competent jurisdiction finds that an agency has failed to act in accordance with an applicable deadline, the court shall set a schedule and deadline for the agency to act as soon as practicable, which shall not exceed 90 days from the date on which the order of the court is issued, unless the court determines a longer time period is necessary to comply with applicable law.

(h)

Report

(1)

In general

The head of each lead agency shall annually submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that—

(A)

identifies any environmental assessment and environmental impact statement that such lead agency did not complete by the deadline described in subsection (g); and

(B)

provides an explanation for any failure to meet such deadline.

(2)

Inclusions

Each report submitted under paragraph (1) shall identify, as applicable—

(A)

the office, bureau, division, unit, or other entity within the Federal agency responsible for each such environmental assessment and environmental impact statement;

(B)

the date on which—

(i)

such lead agency notified the applicant that the application to establish a right-of-way for the major Federal action is complete;

(ii)

such lead agency began the scoping for the major Federal action; or

(iii)

such lead agency issued a notice of intent to prepare the environmental assessment or environmental impact statement for the major Federal action; and

(C)

when such environmental assessment and environmental impact statement is expected to be complete.

Pub. L. 91–190, title I, § 107 Pub. L. 118–5, div. C, title III, § 321(b)June 3, 2023137 Stat. 40 (, as added , , .)