§47171. Expedited, coordinated environmental review process
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Verbatim text below is from the United States Code (GovInfo), a public-domain U.S. government work.
Full Text
§47171. Expedited, coordinated environmental review process
(a)
(1) provides for streamlined coordination among the Federal, regional, State, and local agencies concerned with the preparation of environmental impact statements or environmental assessments under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(2) provides that all environmental reviews, analyses, opinions, permits, licenses, and approvals that must be issued or made by a Federal agency or airport sponsor for such a project will be conducted concurrently, to the maximum extent practicable; and
(3) provides that any environmental review, analysis, opinion, permit, license, or approval that must be issued or made by a Federal agency or airport sponsor for such a project will be completed within a time period established by the Secretary, in cooperation with the agencies identified under subsection (d) with respect to the project.
(b)
(1)
(2)
(A)
(B)
(C)
(i)
(ii)
(I) the importance or urgency of the project;
(II) the potential for undertaking the environmental review under existing emergency procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(III) the need for cooperation and concurrent reviews by other Federal or State agencies; and
(IV) the prospect for undue delay if the project is not designated for priority review.
(c)
(1)
(2)
(d)
(e)
(f)
(g)
(1)
(2)
(h)
(i)
(1)
(2)
(j)
(1)
(2)
(A) the submission of the appropriately completed proposed purpose and need description of the airport sponsor; and
(B) any appropriately completed proposed revision to a development project that affects the purpose and need description previously prepared or accepted by the Federal Aviation Administration.
(3)
(k)
(1) consider only those alternatives to the project that the Secretary has determined are reasonable; and
(2) limit the comments of the agency to—
(A) subject matter areas within the special expertise of the agency; and
(B) changes necessary to ensure the agency is carrying out the obligations of that agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable law.
(l)
(m)
(1)
(A)
(B)
(C)
(i)
(I) interim milestones and deadlines for agency activities necessary to complete the environmental review; and
(II) completion of the environmental review process for the project.
(ii)
(I) the responsibilities of participating agencies under applicable laws;
(II) resources available to the cooperating agencies;
(III) overall size and complexity of the project;
(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
(V) the sensitivity of the natural and historic resources that could be affected by the project.
(iii)
(iv)
(I)
(II)
(aa) implement the requirements of this section consistent with any dispute resolution process established in an applicable law, regulation, or legally binding agreement to the maximum extent permitted by law; and
(bb) seek to resolve issues or disputes at the earliest possible time at the project level through agency employees who have day-to-day involvement in the project.
(III)
(aa)
(bb)
(IV)
(aa) identify, as early as practicable, any issues of concern regarding any potential environmental impacts of the project, including any issues that could substantially delay or prevent an agency from completing any environmental review or authorization required for the project; and
(bb) communicate any issues described in item (aa) to the project sponsor.
(V)
(VI)
(VII)
(D)
(E)
(i)
(ii)
(I)
(II)
(F)
(i) the cooperating Federal agency shall, not later than 10 days after failing to meet the deadline, submit to the Secretary a report that describes the reasons why the deadline was not met; and
(ii) the Secretary shall—
(I) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of the report under clause (i); and
(II) make the report under clause (i) publicly available on a website of the Department of Transportation.
(G)
(i) provided to all participating agencies and to the State department of transportation of the State in which the project is located (and, if the State is not the project sponsor, to the project sponsor); and
(ii) made available to the public.
(2)
(A) For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of such statement, unless—
(i) a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or
(ii) the deadline is extended by the lead agency for good cause.
(B) For all other comment periods established by the lead agency for agency or public comments in the environmental review process, a period of not more than 45 days from availability of the materials on which comment is requested, unless—
(i) a different deadline is established by agreement of the Secretary, the project sponsor, and all participating agencies; or
(ii) the deadline is extended by the lead agency for good cause.
(3)
(A) as soon as practicable after the 180-day period, an initial notice of the failure of the Federal agency to make the decision; and
(B) every 60 days thereafter until such date as all decisions of the Federal agency relating to the project have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice.
(4)
(n)
(1)
(A) carry out the obligations of such agency under other applicable law concurrently, and in conjunction, with the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the ability of such agency to conduct needed analysis or otherwise carry out such obligations; and
(B) 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.
(2)
(A)
(B)
(i)
(ii)
(C)
(D)
(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 the project; or
(iii) the Secretary determines that reliance on a single environmental document (as described in subparagraph (A)) would not facilitate timely completion of the environmental review process for the project.
(3)
(A) provide comments, responses, studies, or methodologies on areas within the special expertise or jurisdiction of the agency; and
(B) use the process to address any environmental issues of concern to the agency.
(o)
(1)
(A) cite the sources, authorities, and reasons that support the position of the agency; and
(B) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.
(2)
(A) the final environmental impact statement or record of decision makes substantial changes to the project that are relevant to environmental or safety concerns; or
(B) there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the environmental impacts of the proposed action.
(3)
(A)
(B)
(p)
(1)
(A) The lead agency for a project, with respect to an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) A cooperating agency with responsibility under Federal law with respect to the process for and completion of any environmental permit, approval, review, or study required for a project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if consistent with such Act.
(2)
(3)
(A) adopt or incorporate by reference an entire planning product under paragraph (1); or
(B) select portions of a planning project under paragraph (1) for adoption or incorporation by reference.
(4)
(A) be made at the time the lead and cooperating agencies decide the appropriate scope of environmental review for the project; or
(B) occur later in the environmental review process, as appropriate.
(5)
(A) The planning product was developed through a planning process conducted pursuant to applicable Federal law.
(B) The planning product was developed in consultation with appropriate Federal and State resource agencies and Indian Tribes.
(C) The planning process included broad multidisciplinary consideration of systems-level or corridor-wide transportation needs and potential effects, including effects on the human and natural environment.
(D) The planning process included public notice that the planning products produced in the planning process may be adopted during any subsequent environmental review process in accordance with this section.
(E) During the environmental review process, the such agency has—
(i) made the planning documents available for public review and comment by members of the general public and Federal, State, local, and Tribal governments that may have an interest in the proposed project;
(ii) provided notice of the intention of the such agency to adopt or incorporate by reference the planning product; and
(iii) considered any resulting comments.
(F) There is no significant new information or new circumstance that has a reasonable likelihood of affecting the continued validity or appropriateness of the planning product or portions thereof.
(G) The planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies.
(H) The planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process.
(I) The planning product is appropriate for adoption or incorporation by reference and use in the environmental review process for the project and is incorporated in accordance with, and is sufficient to meet the requirements of, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 1502.21 of title 40, Code of Federal Regulations.
(6)
(A) incorporated directly into an environmental review process document or other environmental document; and
(B) relied on and used by other Federal agencies in carrying out reviews of the project.
(q)
(1)
(2)
(A) for an environmental impact statement—
(i) begins on the date on which a notice of intent is published in the Federal Register; and
(ii) ends on the date on which the Secretary issues a record of decision, including, if necessary, a revised record of decision; and
(B) for an environmental assessment—
(i) begins on the date on which the Secretary makes a determination to prepare an environmental assessment; and
(ii) ends on the date on which the Secretary issues a finding of no significant impact or determines that preparation of an environmental impact statement is necessary.
(3)
(A) the number of proposed actions for which a categorical exclusion was applied by the Secretary during the reporting period;
(B) the number of proposed actions for which a documented categorical exclusion was applied by the Secretary during the reporting period;
(C) the number of proposed actions pending on the date on which the report is submitted for which the issuance of a documented categorical exclusion by the Secretary is pending;
(D) the number of proposed actions for which an environmental assessment was issued by the Secretary during the reporting period;
(E) the length of time the Administration took to complete each environmental assessment described in subparagraph (D);
(F) the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted by the Secretary;
(G) the number of proposed actions for which a final environmental impact statement was completed by the Secretary during the reporting period;
(H) the length of time that the Secretary took to complete each environmental impact statement described in subparagraph (G);
(I) the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted; and
(J) for the proposed actions reported under subparagraphs (F) and (I), the percentage of such proposed actions for which—
(i) project funding has been identified; and
(ii) all other Federal, State, and local activities that are required to allow the proposed action to proceed are completed.
(4)
(A)
(B)
(C)
(D)
(E)
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (b)(2)(C)(ii)(II), (k)(2)(B), (l), (n)(1)(A), (2)(A), (D)(ii), (o)(1), (p)(1), (5)(I), and (q)(4)(C), (D), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments
2024—Subsec. (a). Pub. L. 118–63, §783(1)(A), struck out "develop and" after "shall" and substituted "projects, terminal development projects, general aviation airport construction or improvement projects, and aviation safety projects" for "projects at congested airports, general aviation airport construction or improvement projects, aviation safety projects, and aviation security projects" in introductory provisions.
Subsec. (a)(1). Pub. L. 118–63, §783(1)(B), substituted "streamlined" for "better".
Subsec. (b). Pub. L. 118–63, §783(2), added subsec. (b) and struck out former subsec. (b) which related to aviation projects subject to a streamlined environmental review process, including airport capacity enhancement projects at congested airports, general aviation airport construction or improvement projects, and aviation safety and aviation security projects.
Subsec. (c)(1). Pub. L. 118–63, §783(3), substituted "a project described or designated under subsection (b)" for "an airport capacity enhancement project at a congested airport or a project designated under subsection (b)(3)".
Subsec. (d). Pub. L. 118–63, §783(4), substituted "a project described or designated under subsection (b)" for "each airport capacity enhancement project at a congested airport or a project designated under subsection (b)(3)".
Subsec. (h). Pub. L. 118–63, §783(5), substituted "described in subsection (b)(1)" for "designated under subsection (b)(3) and airport capacity enhancement projects at congested airports".
Subsec. (j). Pub. L. 118–63, §783(6), designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).
Subsec. (k). Pub. L. 118–63, §783(7), substituted "a project described or designated under subsection (b)" for "an airport capacity enhancement project at a congested airport or a project designated under subsection (b)(3)"; inserted dash after "project shall" and par. (1) designation before "consider"; substituted "; and" for period at end; and added par. (2).
Subsec. (l). Pub. L. 118–63, §783(8), substituted "and section 1503 of title 40, Code of Federal Regulations." for period at end.
Subsecs. (m) to (q). Pub. L. 118–63, §783(9), added subsecs. (m) to (q) and struck out former subsec. (m). Prior to amendment, text of subsec. (m) read as follows: "The Transportation Infrastructure Streamlining Task Force, established by Executive Order 13274 (67 Fed. Reg. 59449; relating to environmental stewardship and transportation infrastructure project reviews), may monitor airport projects that are subject to the coordinated review process under this section."
2018—Subsec. (a). Pub. L. 115–254, §191(a)(1), inserted "general aviation airport construction or improvement projects," after "congested airports," in introductory provisions.
Subsec. (b)(2), (3). Pub. L. 115–254, §191(a)(2), added par. (2) and redesignated former par. (2) as (3).
Subsecs. (c)(1), (d), (h), (k). Pub. L. 115–254, §191(a)(3)–(6), substituted "subsection (b)(3)" for "subsection (b)(2)".
Subsec. (l). Pub. L. 115–254, §539(q), substituted "4321" for "4371".
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out an Effective Date of 2003 Amendment note under section 106 of this title.
Categorical Exclusions
Pub. L. 118–63, title VII, §788, May 16, 2024, 138 Stat. 1314, provided that:
"(a)
"(1) receives less than $6,000,000 (as adjusted annually by the Administrator to reflect any increases in the Consumer Price Index prepared by the Department of Labor) of Federal funds or funds from charges collected under section 40117 of title 49, United States Code; or
"(2) has a total estimated cost of not more than $35,000,000 (as adjusted annually by the Administrator to reflect any increases in the Consumer Price Index prepared by the Department of Labor) and Federal funds comprising less than 15 percent of the total estimated project cost.
"(b)
"(1) for the repair or reconstruction of any airport facility, runway, taxiway, or similar structure that is in operation or under construction when damaged by an emergency declared by the Governor of the State with concurrence of the Administrator or for a disaster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
"(2) in the same location with the same capacity, dimensions, and design as the original airport facility, runway, taxiway, or similar structure as before the declaration described in this section; and
"(3) commenced within a 2-year period beginning on the date of a declaration described in this section.
"(c)
"(d)
"(e)
"(1)
"(2)
Updating Presumed To Conform Limits
Pub. L. 118–63, title VII, §789, May 16, 2024, 138 Stat. 1315, provided that: "Not later than 24 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall take such actions as are necessary to update the FAA's [Federal Aviation Administration's] list of actions that are presumed to conform to a State implementation plan pursuant to section 93.153(f) of title 40, Code of Federal Regulations, to include projects relating to the construction of aircraft hangars."
Findings
Pub. L. 108–176, title III, §302, Dec. 12, 2003, 117 Stat. 2533, provided that: "Congress finds that—
"(1) airports play a major role in interstate and foreign commerce;
"(2) congestion and delays at our Nation's major airports have a significant negative impact on our Nation's economy;
"(3) airport capacity enhancement projects at congested airports are a national priority and should be constructed on an expedited basis;
"(4) airport capacity enhancement projects must include an environmental review process that provides local citizenry an opportunity for consideration of and appropriate action to address environmental concerns; and
"(5) the Federal Aviation Administration, airport authorities, communities, and other Federal, State, and local government agencies must work together to develop a plan, set and honor milestones and deadlines, and work to protect the environment while sustaining the economic vitality that will result from the continued growth of aviation."
Limitations
Pub. L. 108–176, title III, §308, Dec. 12, 2003, 117 Stat. 2539, provided that: "Nothing in this subtitle [subtitle A (§§301–309) of title III of Pub. L. 108–176, enacting this subchapter, amending sections 40104, 47106, and 47504 of this title, and enacting provisions set out as notes under this section], including any amendment made by this title [enacting this subchapter and amending sections 40104, 40128, 47106, 47503, and 47504 of this title], shall preempt or interfere with—
"(1) any practice of seeking public comment;
"(2) any power, jurisdiction, or authority that a State agency or an airport sponsor has with respect to carrying out an airport capacity enhancement project; and
"(3) any obligation to comply with the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4371 [4321] et seq.) and the regulations issued by the Council on Environmental Quality to carry out such Act."
Relationship to Other Requirements
Pub. L. 108–176, title III, §309, Dec. 12, 2003, 117 Stat. 2540, provided that: "The coordinated review process required under the amendments made by this subtitle [enacting this subchapter and amending sections 40104, 47106, and 47504 of this title] shall apply to an airport capacity enhancement project at a congested airport whether or not the project is designated by the Secretary of Transportation as a high-priority transportation infrastructure project under Executive Order 13274 [49 U.S.C. 301 note] (67 Fed. Reg. 59449; relating to environmental stewardship and transportation infrastructure project reviews)."
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