42 USC 4336a - Timely and unified Federal reviews

U.S Code last checked for updates: Nov 23, 2024

§ 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

(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

(4)

Request for designation

(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

(C)

Response

(D)

Designation

(b)

One document

(c)

Request for public comment

(d)

Statement of purpose and need

(e)

Page limits

(1)

Environmental impact statements

(A)

In general

(B)

Extraordinary complexity

(2)

Environmental assessments

(f)

Sponsor preparation

(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)

the date on which such agency determines that section 4332(2)(C) of this title 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)

the date on which such agency determines that section 4336(b)(2) of this title 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

(3)

Petition to court

(A)

Right to petition

(B)

Court order

(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, as added Pub. L. 118–5, div. C, title III, § 321(b), June 3, 2023, 137 Stat. 40.)

cite as: 42 USC 4336a