42 USC 4370m-4 - Coordination of required reviews

U.S Code last checked for updates: Nov 22, 2024

§ 4370m–4.

Coordination of required reviews

(a)

Concurrent reviews

To integrate environmental reviews and authorizations, each agency shall, to the maximum extent practicable—

(1)

carry out the obligations of the agency with respect to a covered project under any other applicable law concurrently, and in conjunction with, other environmental reviews and authorizations being conducted by other cooperating or participating agencies, including environmental reviews and authorizations required under NEPA, unless the agency determines that doing so would impair the ability of the agency to carry out the statutory obligations of the agency;

(2)

formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner; and

(3)

where an environmental impact statement is required for a project, prepare a single, joint interagency environmental impact statement for the project unless the lead agency provides justification in the coordinated project plan that multiple environmental documents are more efficient for project review and authorization.

(b)

Adoption, incorporation by reference, and use of documents

(1)

Use of existing documents

(A)

In general

(B)

Guidance by CEQ

(2)

NEPA obligations

(3)

Supplementation of State documents

If the lead agency adopts or incorporates analysis and documentation described in paragraph (1), the lead agency shall prepare and publish a supplemental document if the lead agency determines that during the period after preparation of the analysis and documentation and before the adoption or incorporation—

(A)

a significant change has been made to the covered project that is relevant for purposes of environmental review of the project; or

(B)

there has been a significant circumstance or new information has emerged that is relevant to the environmental review for the covered project.

(4)

Comments

If a lead agency prepares and publishes a supplemental document under paragraph (3), the lead agency shall solicit comments from other agencies and the public on the supplemental document for a period of not more than 45 days, beginning on the date on which the supplemental document is published, unless—

(A)

the lead agency, the project sponsor, and any cooperating agency agree to a longer deadline; or

(B)

the lead agency extends the deadline for good cause.

(5)

Notice of outcome of environmental review

(c)

Alternatives analysis

(1)

Participation

(A)

In general

(B)

Determination

(2)

Range of alternatives

(A)

In general

(B)

Alternatives required by law

(3)

Methodologies

(A)

In general

(B)

Environmental review

(4)

Preferred alternative

With the concurrence of the cooperating agencies with jurisdiction under Federal law and at the discretion of the lead agency, the preferred alternative for a project, after being identified, may be developed to a higher level of detail than other alternatives to facilitate the development of mitigation measures or concurrent compliance with other applicable laws if the lead agency determines that—

(A)

the development of the higher level of detail will not prevent the lead agency from making an impartial decision as to whether to accept another alternative that is being considered in the environmental review; and

(B)

the preferred and other alternatives are developed in sufficient detail to enable the public to comment on the alternatives.

(d)

Environmental review comments

(1)

Comments on draft environmental impact statement

For comments by an agency or the public on a draft environmental impact statement, the lead agency shall establish a comment period of not less than 45 days and not more than 60 days after the date on which a notice announcing availability of the environmental impact statement is published in the Federal Register, unless—

(A)

the lead agency, the project sponsor, and any cooperating agency agree to a longer deadline; or

(B)

the lead agency, in consultation with each cooperating agency, extends the deadline for good cause.

(2)

Other review and comment periods

For all other review or comment periods in the environmental review process described in parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations), the lead agency shall establish a comment period of not more than 45 days after the date on which the materials on which comment is requested are made available, unless—

(A)

the lead agency, the project sponsor, and any cooperating agency agree to a longer deadline; or

(B)

the lead agency extends the deadline for good cause.

(e)

Issue identification and resolution

(1)

Cooperation

(2)

Lead agency responsibilities

(A)

In general

(B)

Sources of information

(3)

Cooperating and participating agency responsibilities

Each cooperating and participating agency shall—

(A)

identify, as early as practicable, any issues of concern regarding any potential environmental impacts of the covered project, including any issues that could substantially delay or prevent an agency from completing any environmental review or authorization required for the project; and

(B)

communicate any issues described in subparagraph (A) to the project sponsor.

(f)

Record of decision

(g)

Categories of projects

(Pub. L. 114–94, div. D, title XLI, § 41005, Dec. 4, 2015, 129 Stat. 1755; Pub. L. 117–58, div. G, title VIII, § 70801(d), Nov. 15, 2021, 135 Stat. 1291.)

cite as: 42 USC 4370m-4