CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY

Title 42 > CHAPTER 55

Sections (69)

§ 4321 Congressional declaration of purpose

The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality. ( Pub. L. 91–190, § 2 , Jan. 1, 1970 , 83 Stat. 852 .)

“SEC. 201 SHORT TITLE.

“This title may be cited as the ‘Pollution Prosecution Act of 1990’.

“SEC. 202 EPA OFFICE OF CRIMINAL INVESTIGATION.

(“(a) The Administrator of the Environmental Protection Agency (hereinafter referred to as the ‘Administrator’) shall increase the number of criminal investigators assigned to the Office of Criminal Investigations by such numbers as may be necessary to assure that the number of criminal investigators assigned to the office— for the period October 1, 1991 , through September 30, 1992 , is not less than 72; for the period October 1, 1992 , through September 30, 1993 , is not less than 110; for the period October 1, 1993 , through September 30, 1994 , is not less than 123; for the period October 1, 1994 , through September 30, 1995 , is not less than 160; beginning October 1, 1995 , is not less than 200.

(“(b) For fiscal year 1991 and in each of the following 4 fiscal years, the Administrator shall, during each such fiscal year, provide increasing numbers of additional support staff to the Office of Criminal Investigations.

(“(c) The head of the Office of Criminal Investigations shall be a position in the competitive service as defined in 2102 of title 5 U.S.C. or a career reserve [reserved] position as defined in 3132(A) [3132(a)] of title 5 U.S.C. and the head of such office shall report directly, without intervening review or approval, to the Assistant Administrator for Enforcement.

“SEC. 203 CIVIL INVESTIGATORS.

“The Administrator, as soon as practicable following the date of the enactment of this Act [ Nov. 16, 1990 ], but no later than September 30, 1991 , shall increase by fifty the number of civil investigators assigned to assist the Office of Enforcement in developing and prosecuting civil and administrative actions and carrying out its other functions.

“SEC. 204 NATIONAL TRAINING INSTITUTE.

“The Administrator shall, as soon as practicable but no later than September 30, 1991 establish within the Office of Enforcement the National Enforcement Training Institute. It shall be the function of the Institute, among others, to train Federal, State, and local lawyers, inspectors, civil and criminal investigators, and technical experts in the enforcement of the Nation’s environmental laws.

“SEC. 205 AUTHORIZATION.

“For the purposes of carrying out the provisions of this Act [probably should be “this title”], there is authorized to be appropriated to the Environmental Protection Agency $13,000,000forfiscalyear1991,$18,000,000 for fiscal year 1992, $20,000,000forfiscalyear1993,$26,000,000 for fiscal year 1994, and $33,000,000 for fiscal year 1995.”

§ 4331 Congressional declaration of national environmental policy

(a) The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.

(b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice; achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(c) The Congress recognizes that each person should enjoy a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

§ 4332 Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

The Congress authorizes and directs that, to the fullest extent possible: (1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in this chapter, and (2) all agencies of the Federal Government shall— utilize a systematic, interdisciplinary approach which will ensure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on man’s environment; identify and develop methods and procedures, in consultation with the Council on Environmental Quality established by subchapter II of this chapter, which will ensure that presently unquantified environmental amenities and values may be given appropriate consideration in decisionmaking along with economic and technical considerations; consistent with the provisions of this chapter and except where compliance would be inconsistent with other statutory requirements, include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on— reasonably foreseeable environmental effects of the proposed agency action; any reasonably foreseeable adverse environmental effects which cannot be avoided should the proposal be implemented; a reasonable range of alternatives to the proposed agency action, including an analysis of any negative environmental impacts of not implementing the proposed agency action in the case of a no action alternative, that are technically and economically feasible, and meet the purpose and need of the proposal; the relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity; and any irreversible and irretrievable commitments of Federal resources which would be involved in the proposed agency action should it be implemented. Prior to making any detailed statement, the head of the lead agency shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the President, the Council on Environmental Quality and to the public as provided by section 552 of title 5 , and shall accompany the proposal through the existing agency review processes; ensure the professional integrity, including scientific integrity, of the discussion and analysis in an environmental document; make use of reliable data and resources in carrying out this chapter; consistent with the provisions of this chapter, study, develop, and describe technically and economically feasible alternatives; any detailed statement required under subparagraph (C) after January 1, 1970 , for any major Federal action funded under a program of grants to States shall not be deemed to be legally insufficient solely by reason of having been prepared by a State agency or official, if: the State agency or official has statewide jurisdiction and has the responsibility for such action, the responsible Federal official furnishes guidance and participates in such preparation, the responsible Federal official independently evaluates such statement prior to its approval and adoption, and after January 1, 1976 , the responsible Federal official provides early notification to, and solicits the views of, any other State or any Federal land management entity of any action or any alternative thereto which may have significant impacts upon such State or affected Federal land management entity and, if there is any disagreement on such impacts, prepares a written assessment of such impacts and views for incorporation into such detailed statement. The procedures in this subparagraph shall not relieve the Federal official of his responsibilities for the scope, objectivity, and content of the entire statement or of any other responsibility under this chapter; and further, this subparagraph does not affect the legal sufficiency of statements prepared by State agencies with less than statewide jurisdiction. 1 study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources; consistent with the provisions of this chapter, recognize the worldwide and long-range character of environmental problems and, where consistent with the foreign policy of the United States, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind’s world environment; make available to States, counties, municipalities, institutions, and individuals, advice and information useful in restoring, maintaining, and enhancing the quality of the environment; initiate and utilize ecological information in the planning and development of resource-oriented projects; and assist the Council on Environmental Quality established by subchapter II of this chapter. ( Pub. L. 91–190, title I, § 102 , Jan. 1, 1970 , 83 Stat. 853 ; Pub. L. 94–83 , Aug. 9, 1975 , 89 Stat. 424 ; Pub. L. 118–5, div. C, title III, § 321(a) , June 3, 2023 , 137 Stat. 38 .)

§ 4332a Repealed. Pub. L. 114–94, div. A, title I, § 1304(j)(2), Dec. 4, 2015, 129 Stat. 1386

§ 4333 Conformity of administrative procedures to national environmental policy

All agencies of the Federal Government shall review their present statutory authority, administrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit full compliance with the purposes and provisions of this chapter and shall propose to the President not later than July 1, 1971 , such measures as may be necessary to bring their authority and policies into conformity with the intent, purposes, and procedures set forth in this chapter. ( Pub. L. 91–190, title I, § 103 , Jan. 1, 1970 , 83 Stat. 854 .)

§ 4334 Other statutory obligations of agencies

Nothing in section 4332 or 4333 of this title shall in any way affect the specific statutory obligations of any Federal agency (1) to comply with criteria or standards of environmental quality, (2) to coordinate or consult with any other Federal or State agency, or (3) to act, or refrain from acting contingent upon the recommendations or certification of any other Federal or State agency. ( Pub. L. 91–190, title I, § 104 , Jan. 1, 1970 , 83 Stat. 854 .)

§ 4335 Efforts supplemental to existing authorizations

The policies and goals set forth in this chapter are supplementary to those set forth in existing authorizations of Federal agencies. ( Pub. L. 91–190, title I, § 105 , Jan. 1, 1970 , 83 Stat. 854 .)

§ 4336 Procedure for determination of level of review

(a) Threshold determinations An agency is not required to prepare an environmental document with respect to a proposed agency action if— the proposed agency action is not a final agency action within the meaning of such term in chapter 5 of title 5; the proposed agency action is excluded pursuant to one of the agency’s categorical exclusions, another agency’s categorical exclusions consistent with section 4336c of this title , or another provision of law; the preparation of such document would clearly and fundamentally conflict with the requirements of another provision of law; or the proposed agency action is a nondiscretionary action with respect to which such agency does not have authority to take environmental factors into consideration in determining whether to take the proposed action.

(b) Levels of review An agency shall issue an environmental impact statement with respect to a proposed agency action requiring an environmental document that has a reasonably foreseeable significant effect on the quality of the human environment. An agency shall prepare an environmental assessment with respect to a proposed agency action that does not have a reasonably foreseeable significant effect on the quality of the human environment, or if the significance of such effect is unknown, unless the agency finds that the proposed agency action is excluded pursuant to one of the agency’s categorical exclusions, another agency’s categorical exclusions consistent with section 4336c of this title , or another provision of law. Such environmental assessment shall be a concise public document prepared by a Federal agency to set forth the basis of such agency’s finding of no significant impact or determination that an environmental impact statement is necessary. In making a determination under this subsection, an agency— may make use of any reliable data source; and is not required to undertake new scientific or technical research unless the new scientific or technical research is essential to a reasoned choice among alternatives, and the overall costs and time frame of obtaining it are not unreasonable.

§ 4336a Timely and unified Federal reviews

(a) Lead agency 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— magnitude of agency’s involvement; project approval or disapproval authority; expertise concerning the action’s environmental effects; duration of agency’s involvement; and sequence of agency’s involvement. 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). A lead agency shall, with respect to a proposed agency action— supervise the preparation of an environmental document if, with respect to such proposed agency action, there is more than one participating Federal agency; request the participation of each cooperating agency at the earliest practicable time; in preparing an environmental document, give consideration to any analysis or proposal created by a cooperating agency; 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; 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 meet with a cooperating agency that requests such a meeting. 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. 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. 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— a precise description of the nature and extent of the proposed agency action; and 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. The Council shall transmit a request received under subparagraph (A) to each participating Federal agency. 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. 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 Each notice of intent to prepare an environmental impact statement under section 4332 of this title 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 Except as provided in subparagraph (B), an environmental impact statement shall not exceed 150 pages, not including any citations or appendices. An environmental impact statement for a proposed agency action of extraordinary complexity shall not exceed 300 pages, not including any citations or appendices. 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 Except as provided in paragraph (2), with respect to a proposed agency action, a lead agency shall complete, as applicable— the environmental impact statement not later than the date that is 2 years after the sooner of, as applicable— 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; the date on which such agency notifies the applicant that the application to establish a right-of-way for such action is complete; and the date on which such agency issues a notice of intent to prepare the environmental impact statement for such action; and the environmental assessment not later than the date that is 1 year after the sooner of, as applicable— 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; the date on which such agency notifies the applicant that the application to establish a right-of-way for such action is complete; and the date on which such agency issues a notice of intent to prepare the environmental assessment for such action. 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. 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). 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 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— identifies any environmental assessment and environmental impact statement that such lead agency did not complete by the deadline described in subsection (g); and provides an explanation for any failure to meet such deadline. Each report submitted under paragraph (1) shall identify, as applicable— the office, bureau, division, unit, or other entity within the Federal agency responsible for each such environmental assessment and environmental impact statement; the date on which— such lead agency notified the applicant that the application to establish a right-of-way for the major Federal action is complete; such lead agency began the scoping for the major Federal action; or such lead agency issued a notice of intent to prepare the environmental assessment or environmental impact statement for the major Federal action; and when such environmental assessment and environmental impact statement is expected to be complete.

§ 4336b Programmatic environmental document

When an agency prepares a programmatic environmental document for which judicial review was available, the agency may rely on the analysis included in the programmatic environmental document in a subsequent environmental document for related actions as follows: Within 5 years and without additional review of the analysis in the programmatic environmental document, unless there are substantial new circumstances or information about the significance of adverse effects that bear on the analysis. After 5 years, so long as the agency reevaluates the analysis in the programmatic environmental document and any underlying assumption to ensure reliance on the analysis remains valid. ( Pub. L. 91–190, title I, § 108 , as added Pub. L. 118–5, div. C, title III, § 321(b) , June 3, 2023 , 137 Stat. 43 .)

§ 4336c Adoption of categorical exclusions

An agency may adopt a categorical exclusion listed in another agency’s NEPA procedures for a category of proposed agency actions for which the categorical exclusion was established consistent with this paragraph. The agency shall— identify the categorical exclusion listed in another agency’s NEPA procedures that covers a category of proposed actions or related actions; consult with the agency that established the categorical exclusion to ensure that the proposed adoption of the categorical exclusion to a category of actions is appropriate; identify to the public the categorical exclusion that the agency plans to use for its proposed actions; and document adoption of the categorical exclusion. ( Pub. L. 91–190, title I, § 109 , as added Pub. L. 118–5, div. C, title III, § 321(b) , June 3, 2023 , 137 Stat. 43 .)

§ 4336d E-NEPA

(a) Permitting portal study The Council on Environmental Quality shall conduct a study and submit a report to Congress within 1 year of the enactment of this Act 1 on the potential for online and digital technologies to address delays in reviews and improve public accessibility and transparency under section 4332(2)(C) of this title including, but not limited to, a unified permitting portal that would— allow applicants to— submit required documents or materials for their project in one unified portal; upload and collaborate with the applicable agencies to edit documents in real-time, as required; upload and display visual features such as video, animation, geographic information system displays, and three-dimensional renderings; and track the progress of individual applications; include a cloud based, digital tool for more complex reviews that would enhance interagency coordination in consultation by— centralizing, across all necessary agencies, the data, visuals, and documents, including but not limited to geographic information system displays, other visual renderings, and completed reports and analyses necessary for reviews; streamlining communications between all necessary agencies and the applicant; allowing for comments and responses by and to all necessary agencies in one unified portal; generating analytical reports to aid in organizing and cataloguing public comments; and be 2 accessible on mobile devices; boost transparency in agency processes and present information suitable for a lay audience, including but not limited to— scientific data and analysis; and anticipated agency process and timeline; and include examples describing how at least five permits would be reviewed and processed through this portal.

(b) Authorization of appropriations There is authorized to be appropriated $500,000 for the Council on Environmental Quality to carry out the study directed by this section.

§ 4336e Definitions

In this subchapter: The term “categorical exclusion” means a category of actions that a Federal agency has determined normally does not significantly affect the quality of the human environment within the meaning of section 4332(2)(C) of this title . The term “cooperating agency” means any Federal, State, Tribal, or local agency that has been designated as a cooperating agency under section 4336a(a)(3) of this title . The term “Council” means the Council on Environmental Quality established in subchapter II. The term “environmental assessment” means an environmental assessment prepared under section 4336(b)(2) of this title . The term “environmental document” means an environmental impact statement, an environmental assessment, or a finding of no significant impact. The term “environmental impact statement” means a detailed written statement that is required by section 4332(2)(C) of this title . The term “finding of no significant impact” means a determination by a Federal agency that a proposed agency action does not require the issuance of an environmental impact statement. The term “participating Federal agency” means a Federal agency participating in an environmental review or authorization of an action. The term “lead agency” means, with respect to a proposed agency action— the agency that proposed such action; or if there are 2 or more involved Federal agencies with respect to such action, the agency designated under section 4336a(a)(1) of this title . The term “major Federal action” means an action that the agency carrying out such action determines is subject to substantial Federal control and responsibility. The term “major Federal action” does not include— a non-Federal action— with no or minimal Federal funding; or with no or minimal Federal involvement where a Federal agency cannot control the outcome of the project; funding assistance solely in the form of general revenue sharing funds which do not provide Federal agency compliance or enforcement responsibility over the subsequent use of such funds; loans, loan guarantees, or other forms of financial assistance where a Federal agency does not exercise sufficient control and responsibility over the subsequent use of such financial assistance or the effect of the action; business loan guarantees provided by the Small Business Administration pursuant to section 7(a) or (b) and 1 of the Small Business Act ( U.S.C. 636(a)), 2 or title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq.); bringing judicial or administrative civil or criminal enforcement actions; extraterritorial activities or decisions, which means agency activities or decisions with effects located entirely outside of the jurisdiction of the United States; or activities or decisions that are non-discretionary and made in accordance with the agency’s statutory authority. The term “programmatic environmental document” means an environmental impact statement or environmental assessment analyzing all or some of the environmental effects of a policy, program, plan, or group of related actions. The term “proposal” means a proposed action at a stage when an agency has a goal, is actively preparing to make a decision on one or more alternative means of accomplishing that goal, and can meaningfully evaluate its effects. The term “special expertise” means statutory responsibility, agency mission, or related program experience. ( Pub. L. 91–190, title I, § 111 , as added Pub. L. 118–5, div. C, title III, § 321(b) , June 3, 2023 , 137 Stat. 44 .)

§ 4336f Project sponsor opt-in fees for environmental reviews

(a) Process A project sponsor that intends to pay a fee under this section for the preparation, or supervision of the preparation, of an environmental assessment or environmental impact statement for a project shall submit to the Council— a description of the project; and a declaration of whether the project sponsor intends to prepare the environmental assessment or environmental impact statement under section 4336a(f) of this title . Not later than 15 days after the date on which the Council receives information described in paragraph (1) from a project sponsor, the Council shall provide to the project sponsor notice of the amount of the fee to be paid under this section, as determined under subsection (b). A project sponsor may pay a fee under this section after receipt of the notice described in paragraph (2). Notwithstanding section 4336a(g)(1) of this title — an environmental assessment for which a fee is paid under this section shall be completed not later than 180 days after the date on which the fee is paid; and an environmental impact statement for which a fee is paid under this section shall be completed not later than 1 year after the date of publication of the notice of intent to prepare the environmental impact statement.

(b) Fee amount The amount of a fee under this section shall be— 125 percent of the anticipated costs to prepare the environmental assessment or environmental impact statement; and in the case of an environmental assessment or environmental impact statement to be prepared in whole or in part by a project sponsor under section 4336a(f) of this title , 125 percent of the anticipated costs to supervise preparation of, and, as applicable, prepare, the environmental assessment or environmental impact statement.

§ 4341 Omitted

§ 4342 Establishment; membership; Chairman; appointments

There is created in the Executive Office of the President a Council on Environmental Quality (hereinafter referred to as the “Council”). The Council shall be composed of three members who shall be appointed by the President to serve at his pleasure, by and with the advice and consent of the Senate. The President shall designate one of the members of the Council to serve as Chairman. Each member shall be a person who, as a result of his training, experience, and attainments, is exceptionally well qualified to analyze and interpret environmental trends and information of all kinds; to appraise programs and activities of the Federal Government in the light of the policy set forth in subchapter I of this chapter; to be conscious of and responsive to the scientific, economic, social, esthetic, and cultural needs and interests of the Nation; and to formulate and recommend national policies to promote the improvement of the quality of the environment. ( Pub. L. 91–190, title II, § 202 , Jan. 1, 1970 , 83 Stat. 854 .)

§ 4343 Employment of personnel, experts and consultants

(a) The Council may employ such officers and employees as may be necessary to carry out its functions under this chapter. In addition, the Council may employ and fix the compensation of such experts and consultants as may be necessary for the carrying out of its functions under this chapter, in accordance with section 3109 of title 5 (but without regard to the last sentence thereof).

(b) Notwithstanding section 1342 of title 31 , the Council may accept and employ voluntary and uncompensated services in furtherance of the purposes of the Council.

§ 4344 Duties and functions

It shall be the duty and function of the Council— to assist and advise the President in the preparation of the Environmental Quality Report required by section 4341 1 of this title; to gather timely and authoritative information concerning the conditions and trends in the quality of the environment both current and prospective, to analyze and interpret such information for the purpose of determining whether such conditions and trends are interfering, or are likely to interfere, with the achievement of the policy set forth in subchapter I of this chapter, and to compile and submit to the President studies relating to such conditions and trends; to review and appraise the various programs and activities of the Federal Government in the light of the policy set forth in subchapter I of this chapter for the purpose of determining the extent to which such programs and activities are contributing to the achievement of such policy, and to make recommendations to the President with respect thereto; to develop and recommend to the President national policies to foster and promote the improvement of environmental quality to meet the conservation, social, economic, health, and other requirements and goals of the Nation; to conduct investigations, studies, surveys, research, and analyses relating to ecological systems and environmental quality; to document and define changes in the natural environment, including the plant and animal systems, and to accumulate necessary data and other information for a continuing analysis of these changes or trends and an interpretation of their underlying causes; to report at least once each year to the President on the state and condition of the environment; and to make and furnish such studies, reports thereon, and recommendations with respect to matters of policy and legislation as the President may request. ( Pub. L. 91–190, title II, § 204 , Jan. 1, 1970 , 83 Stat. 855 .)

§ 4345 Consultation with Citizens’ Advisory Committee on Environmental Quality and other representatives

In exercising its powers, functions, and duties under this chapter, the Council shall— consult with the Citizens’ Advisory Committee on Environmental Quality established by Executive Order numbered 11472, dated May 29, 1969 , and with such representatives of science, industry, agriculture, labor, conservation organizations, State and local governments and other groups, as it deems advisable; and utilize, to the fullest extent possible, the services, facilities, and information (including statistical information) of public and private agencies and organizations, and individuals, in order that duplication of effort and expense may be avoided, thus assuring that the Council’s activities will not unnecessarily overlap or conflict with similar activities authorized by law and performed by established agencies. ( Pub. L. 91–190, title II, § 205 , Jan. 1, 1970 , 83 Stat. 855 .)

§ 4346 Tenure and compensation of members

Members of the Council shall serve full time and the Chairman of the Council shall be compensated at the rate provided for Level II of the Executive Schedule Pay Rates ( 5 U.S.C. 5313 ). The other members of the Council shall be compensated at the rate provided for Level IV or 1 the Executive Schedule Pay Rates ( 5 U.S.C. 5315 ). ( Pub. L. 91–190, title II, § 206 , Jan. 1, 1970 , 83 Stat. 856 .)

§ 4346a Travel reimbursement by private organizations and Federal, State, and local governments

The Council may accept reimbursements from any private nonprofit organization or from any department, agency, or instrumentality of the Federal Government, any State, or local government, for the reasonable travel expenses incurred by an officer or employee of the Council in connection with his attendance at any conference, seminar, or similar meeting conducted for the benefit of the Council. ( Pub. L. 91–190, title II, § 207 , as added Pub. L. 94–52, § 3 , July 3, 1975 , 89 Stat. 258 .)

§ 4346b Expenditures in support of international activities

The Council may make expenditures in support of its international activities, including expenditures for: (1) international travel; (2) activities in implementation of international agreements; and (3) the support of international exchange programs in the United States and in foreign countries. ( Pub. L. 91–190, title II, § 208 , as added Pub. L. 94–52, § 3 , July 3, 1975 , 89 Stat. 258 .)

§ 4347 Authorization of appropriations

There are authorized to be appropriated to carry out the provisions of this chapter not to exceed $300,000forfiscalyear1970,$700,000 for fiscal year 1971, and $1,000,000 for each fiscal year thereafter. ( Pub. L. 91–190, title II, § 209 , formerly § 207, Jan. 1, 1970 , 83 Stat. 856 , renumbered § 209, Pub. L. 94–52, § 3 , July 3, 1975 , 89 Stat. 258 .)

§§ 4361, 4361a Repealed. Pub. L. 104–66, title II, § 2021(k)(1), (2), Dec. 21, 1995, 109 Stat. 728

§ 4361b Implementation by Administrator of Environmental Protection Agency of recommendations of “CHESS” Investigative Report; waiver; inclusion of status of implementation requirements in annual revisions of plan for research, development, and demonstration

The Administrator of the Environmental Protection Agency shall implement the recommendations of the report prepared for the House Committee on Science and Technology entitled “The Environmental Protection Agency Research Program with primary emphasis on the Community Health and Environmental Surveillance System (CHESS): An Investigative Report”, unless for any specific recommendation he determines (1) that such recommendation has been implemented, (2) that implementation of such recommendation would not enhance the quality of the research, or (3) that implementation of such recommendation will require funding which is not available. Where such funding is not available, the Administrator shall request the required authorization or appropriation for such implementation. The Administrator shall report the status of such implementation in each annual revision of the five-year plan transmitted to the Congress under section 4361 1 of this title. ( Pub. L. 95–155, § 10 , Nov. 8, 1977 , 91 Stat. 1262 .)

§ 4361c Staff management

(a) Appointments for educational programs The Administrator is authorized to select and appoint up to 75 full-time permanent staff members in the Office of Research and Development to pursue full-time educational programs for the purpose of (A) securing an advanced degree or (B) securing academic training, for the purpose of making a career change in order to better carry out the Agency’s research mission. The Administrator shall select and appoint staff members for these assignments according to rules and criteria promulgated by him. The Agency may continue to pay the salary and benefits of the appointees as well as reasonable and appropriate relocation expenses and tuition. The term of each appointment shall be for up to one year, with a single renewal of up to one year in appropriate cases at the discretion of the Administrator. Staff members appointed to this program shall not count against any Agency personnel ceiling during the term of their appointment.

(b) Post-doctoral research fellows The Administrator is authorized to appoint up to 25 Post-doctoral Research Fellows in accordance with the provisions of section 213.3102(aa) of title 5 of the Code of Federal Regulations. Persons holding these appointments shall not count against any personnel ceiling of the Agency.

(c) Non-Government research associates The Administrator is authorized and encouraged to utilize research associates from outside the Federal Government in conducting the research, development, and demonstration programs of the Agency. These persons shall be selected and shall serve according to rules and criteria promulgated by the Administrator.

(d) Women and minority groups For all programs in this section, the Administrator shall place special emphasis on providing opportunities for education and training of women and minority groups.

§ 4362 Interagency cooperation on prevention of environmental cancer and heart and lung disease

(a) Not later than three months after August 7, 1977 , there shall be established a Task Force on Environmental Cancer and Heart and Lung Disease (hereinafter referred to as the “Task Force”). The Task Force shall include representatives of the Environmental Protection Agency, the National Cancer Institute, the National Heart, Lung, and Blood Institute, the National Institute of Occupational Safety and Health, and the National Institute on Environmental Health Sciences, and shall be chaired by the Administrator (or his delegate).

(b) The Task Force shall— recommend a comprehensive research program to determine and quantify the relationship between environmental pollution and human cancer and heart and lung disease; recommend comprehensive strategies to reduce or eliminate the risks of cancer or such other diseases associated with environmental pollution; recommend research and such other measures as may be appropriate to prevent or reduce the incidence of environmentally related cancer and heart and lung diseases; coordinate research by, and stimulate cooperation between, the Environmental Protection Agency, the Department of Health and Human Services, and such other agencies as may be appropriate to prevent environmentally related cancer and heart and lung diseases; and report to Congress, not later than one year after August 7, 1977 , and annually thereafter, on the problems and progress in carrying out this section.

§ 4362a Membership of Task Force on Environmental Cancer and Heart and Lung Disease

The Director of the National Center for Health Statistics and the head of the Center for Disease Control (or the successor to such entity) shall each serve as members of the Task Force on Environmental Cancer and Heart and Lung Disease established under section 4362 of this title . ( Pub. L. 95–623, § 9 , Nov. 9, 1978 , 92 Stat. 3455 .)

§ 4363 Continuing and long-term environmental research and development

The Administrator of the Environmental Protection Agency shall establish a separately identified program of continuing, long-term environmental research and development for each activity listed in section 2(a) of this Act. Unless otherwise specified by law, at least 15 per centum of funds appropriated to the Administrator for environmental research and development for each activity listed in section 2(a) of this Act shall be obligated and expended for such long-term environmental research and development under this section. ( Pub. L. 96–569, § 2(f) , Dec. 22, 1980 , 94 Stat. 3337 .)

§ 4363a Pollution control technologies demonstrations

The Administrator shall continue to be responsible for conducting and shall continue to conduct full-scale demonstrations of energy-related pollution control technologies as necessary in his judgment to fulfill the provisions of the Clean Air Act as amended [ 42 U.S.C. 7401 et seq.], the Federal Water Pollution Control Act as amended [ 33 U.S.C. 1251 et seq.], and other pertinent pollution control statutes. Energy-related environmental protection projects authorized to be administered by the Environmental Protection Agency under this Act shall not be transferred administratively to the Department of Energy or reduced through budget amendment. No action shall be taken through administrative or budgetary means to diminish the ability of the Environmental Protection Agency to initiate such projects. ( Pub. L. 96–229, § 2(d) , Apr. 7, 1980 , 94 Stat. 327 .)

§ 4364 Expenditure of funds for research and development related to regulatory program activities

(a) Coordination, etc., with research needs and priorities of program offices and Environmental Protection Agency The Administrator of the Environmental Protection Agency shall assure that the expenditure of any funds appropriated pursuant to this Act or any other provision of law for environmental research and development related to regulatory program activities shall be coordinated with and reflect the research needs and priorities of the program offices, as well as the overall research needs and priorities of the Agency, including those defined in the five-year research plan.

(b) Program offices subject to coverage For purposes of subsection (a), the appropriate program offices are— the Office of Air and Waste Management, for air quality activities; the Office of Water and Hazardous Materials, for water quality activities and water supply activities; the Office of Pesticides, for environmental effects of pesticides; the Office of Solid Waste, for solid waste activities; the Office of Toxic Substances, for toxic substance activities; the Office of Radiation Programs, for radiation activities; and the Office of Noise Abatement and Control, for noise activities.

(c) Report to Congress; contents The Administrator shall submit to the President and the Congress a report concerning the most appropriate means of assuring, on a continuing basis, that the research efforts of the Agency reflect the needs and priorities of the regulatory program offices, while maintaining a high level of scientific quality. Such report shall be submitted on or before March 31, 1978 .

§ 4365 Science Advisory Board

(a) Establishment; requests for advice by Administrator of Environmental Protection Agency and Congressional committees The Administrator of the Environmental Protection Agency shall establish a Science Advisory Board which shall provide such scientific advice as may be requested by the Administrator, the Committee on Environment and Public Works of the United States Senate, or the Committee on Science, Space, and Technology, on Energy and Commerce, or on Public Works and Transportation of the House of Representatives.

(b) Membership; Chairman; meetings; qualifications of members Such Board shall be composed of at least nine members, one of whom shall be designated Chairman, and shall meet at such times and places as may be designated by the Chairman of the Board in consultation with the Administrator. Each member of the Board shall be qualified by education, training, and experience to evaluate scientific and technical information on matters referred to the Board under this section.

(c) Proposed environmental criteria document, standard, limitation, or regulation; functions respecting in conjunction with Administrator The Administrator, at the time any proposed criteria document, standard, limitation, or regulation under the Clean Air Act [ 42 U.S.C. 7401 et seq.], the Federal Water Pollution Control Act [ 33 U.S.C. 1251 et seq.], the Resource Conservation and Recovery Act of 1976 [ 42 U.S.C. 6901 et seq.], the Noise Control Act [ 42 U.S.C. 4901 et seq.], the Toxic Substances Control Act [ 15 U.S.C. 2601 et seq.], or the Safe Drinking Water Act [ 42 U.S.C. 300f et seq.], or under any other authority of the Administrator, is provided to any other Federal agency for formal review and comment, shall make available to the Board such proposed criteria document, standard, limitation, or regulation, together with relevant scientific and technical information in the possession of the Environmental Protection Agency on which the proposed action is based. The Board may make available to the Administrator, within the time specified by the Administrator, its advice and comments on the adequacy of the scientific and technical basis of the proposed criteria document, standard, limitation, or regulation, together with any pertinent information in the Board’s possession.

(d) Utilization of technical and scientific capabilities of Federal agencies and national environmental laboratories for determining adequacy of scientific and technical basis of proposed criteria document, etc. In preparing such advice and comments, the Board shall avail itself of the technical and scientific capabilities of any Federal agency, including the Environmental Protection Agency and any national environmental laboratories.

(e) Committees The Board is authorized to establish such member committees and investigative panels as the Administrator and the Board determine to be necessary to carry out this section. Each member committee or investigative panel established under this subsection shall be chaired by a member of the Board. The Administrator and the Board— shall establish a standing agriculture-related committee; and may establish such additional agriculture-related committees and investigative panels as the Administrator and the Board determines to be necessary to carry out the duties under subparagraph (C). The standing committee and each agriculture-related committee or investigative panel established under subparagraph (A) shall be— composed of— such quantity of members as the Administrator and the Board determines to be necessary; and individuals who are not members of the Board on the date of appointment to the committee or investigative panel; and appointed by the Administrator and the Board, in consultation with the Secretary of Agriculture. The agriculture-related standing committee and each additional committee and investigative panel established under subparagraph (A) shall provide scientific and technical advice to the Board relating to matters referred to the Board that the Administrator and the Board determines, in consultation with the Secretary of Agriculture, to have a significant direct impact on enterprises that are engaged in the business of the production of food and fiber, ranching and raising livestock, aquaculture, and all other farming- and agriculture-related industries.

(f) Appointment and compensation of secretary and other personnel; compensation of members Upon the recommendation of the Board, the Administrator shall appoint a secretary, and such other employees as deemed necessary to exercise and fulfill the Board’s powers and responsibilities. The compensation of all employees appointed under this paragraph shall be fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5. Members of the Board may be compensated at a rate to be fixed by the President but not in excess of the maximum rate of pay for grade GS–18, as provided in the General Schedule under section 5332 of title 5 .

(g) Consultation and coordination with Scientific Advisory Panel In carrying out the functions assigned by this section, the Board shall consult and coordinate its activities with the Scientific Advisory Panel established by the Administrator pursuant to section 136w(d) of title 7 .

(h) Public participation and transparency The Board shall make every effort, consistent with applicable law, including section 552 of title 5 (commonly known as the “Freedom of Information Act”) and section 552a of title 5 (commonly known as the “Privacy Act”), to maximize public participation and transparency, including making the scientific and technical advice of the Board and any committees or investigative panels of the Board publically available in electronic form on the website of the Environmental Protection Agency.

(i) Report to Congress The Administrator shall annually report to the Committees on Environment and Public Works and Agriculture of the Senate and the Committees on Transportation and Infrastructure, Energy and Commerce, and Agriculture of the House of Representatives regarding the membership and activities of the standing agriculture-related committee established pursuant to subsection (e)(2)(A)(i).

§ 4366 Identification and coordination of research, development, and demonstration activities

(a) Consultation and cooperation of Administrator of Environmental Protection Agency with heads of Federal agencies; inclusion of activities in annual revisions of plan for research, etc. The Administrator of the Environmental Protection Agency, in consultation and cooperation with the heads of other Federal agencies, shall take such actions on a continuing basis as may be necessary or appropriate— to identify environmental research, development, and demonstration activities, within and outside the Federal Government, which may need to be more effectively coordinated in order to minimize unnecessary duplication of programs, projects, and research facilities; to determine the steps which might be taken under existing law, by him and by the heads of such other agencies, to accomplish or promote such coordination, and to provide for or encourage the taking of such steps; and to determine the additional legislative actions which would be needed to assure such coordination to the maximum extent possible. The Administrator shall include in each annual revision of the five-year plan provided for by section 4361 1 of this title a full and complete report on the actions taken and determinations made during the preceding year under this subsection, and may submit interim reports on such actions and determinations at such other times as he deems appropriate.

(b) Coordination of programs by Administrator The Administrator of the Environmental Protection Agency shall coordinate environmental research, development, and demonstration programs of such Agency with the heads of other Federal agencies in order to minimize unnecessary duplication of programs, projects, and research facilities.

(c) Joint study by Council on Environmental Quality in consultation with Office of Science and Technology Policy for coordination of activities; report to President and Congress; report by President to Congress on implementation of joint study and report In order to promote the coordination of environmental research and development activities, and to assure that the action taken and methods used (under subsection (a) and otherwise) to bring about such coordination will be as effective as possible for that purpose, the Council on Environmental Quality in consultation with the Office of Science and Technology Policy shall promptly undertake and carry out a joint study of all aspects of the coordination of environmental research and development. The Chairman of the Council shall prepare a report on the results of such study, together with such recommendations (including legislative recommendations) as he deems appropriate, and shall submit such report to the President and the Congress not later than May 31, 1978 . Not later than September 30, 1978 , the President shall report to the Congress on steps he has taken to implement the recommendations included in the report under paragraph (1), including any recommendations he may have for legislation.

§ 4366a Omitted

§ 4367 Reporting requirements of financial interests of officers and employees of Environmental Protection Agency

(a) Covered officers and employees Each officer or employee of the Environmental Protection Agency who— performs any function or duty under this Act; and has any known financial interest in any person who applies for or receives grants, contracts, or other forms of financial assistance under this Act, shall, beginning on February 1, 1978 , annually file with the Administrator a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public.

(b) Implementation of requirements by Administrator The Administrator shall— act within ninety days after November 8, 1977 — to define the term “known financial interest” for purposes of subsection (a) of this section; and to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provision for the filing by such officers and employees of such statements and the review by the Administrator of such statements; and Omitted.

(c) Exemption of positions by Administrator In the rules prescribed under subsection (b) of this section, the Administrator may identify specific positions of a nonpolicymaking nature within the Administration and provide that officers or employees occupying such positions shall be exempt from the requirements of this section.

(d) Violations; penalties Any officer or employee who is subject to, and knowingly violates, this section, shall be fined not more than $2,500 or imprisoned not more than one year, or both.

§ 4368 Grants to qualified citizens groups

There is authorized to be appropriated to the Environmental Protection Agency, for grants to qualified citizens groups in States and regions, $3,000,000.Grantsunderthissectionmaybemadeforthepurposeofsupportingandencouragingparticipationbyqualifiedcitizensgroupsindetermininghowscientific,technological,andsocialtrendsandchangesaffectthefutureenvironmentandqualityoflifeofanarea,andforsettinggoalsandidentifyingmeasuresforimprovement.Theterm“qualifiedcitizensgroup”shallmeananonprofitorganizationofcitizenshavinganareabasedfocus,whichisnotsingle-issueorientedandwhichcandemonstrateapriorrecordofinterestandinvolvementingoal-settingandresearchconcernedwithimprovingthequalityoflife,includingplanstoidentify,protectandenhancesignificantnaturalandculturalresourcesandtheenvironment.AcitizensgroupshallbeeligibleforassistanceonlyifcertifiedbytheGovernorinconsultationwiththeStatelegislatureasabonafideorganizationentitledtoreceiveFederalassistancetopursuetheaimsofthisprogram.Thegroupshallfurtherdemonstrateitscapacitytoemployusefullythefundsforthepurposesofthisprogramanditsbroad-basedrepresentativenature.Afteraninitialapplicationforassistanceunderthissectionhasbeenapproved,theAdministratormaymakegrantsonanannualbasis,onconditionthattheGovernorrecertifythegroupandthattheapplicantsubmitstotheAdministratorannually—anevaluationoftheprogressmadeduringthepreviousyearinmeetingtheobjectivesforwhichthegrantwasmade;adescriptionofanychangesintheobjectivesoftheactivities;andadescriptionoftheproposedactivitiesforthesucceedingoneyearperiod.Agrantmadeunderthisprogramshallnotexceed75percentumoftheestimatedcostoftheprojectorprogramforwhichthegrantismade,andnogroupshallreceivemorethan$50,000 in any one year. No financial assistance provided under this section shall be used to support lobbying or litigation by any recipient group. ( Pub. L. 95–477, § 3(d) , Oct. 18, 1978 , 92 Stat. 1509 .)

§ 4368a Utilization of talents of older Americans in projects of pollution prevention, abatement, and control

(a) Technical assistance to environmental agencies Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Administrator of the Environmental Protection Agency is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under title V of the Older Americans Act of 1965 [ 42 U.S.C. 3056 et seq.] to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Administrator (and consistent with such provisions of law) in providing technical assistance to Federal, State, and local environmental agencies for projects of pollution prevention, abatement, and control. Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3221 et seq.].

(b) Pre-award certifications Prior to awarding any grant or agreement under subsection (a), the applicable Federal, State, or local environmental agency shall certify to the Administrator that such grants or agreements will not— result in the displacement of individuals currently employed by the environmental agency concerned (including partial displacement through reduction of nonovertime hours, wages, or employment benefits); result in the employment of any individual when any other person is in a layoff status from the same or substantially equivalent job within the jurisdiction of the environmental agency concerned; or affect existing contracts for services.

(c) Prior appropriation Acts Grants or agreements awarded under this section shall be subject to prior appropriation Acts.

§ 4368b General assistance program

(a) Short title This section may be cited as the “Indian Environmental General Assistance Program Act of 1992”.

(b) Purposes The purposes of this section are to— provide general assistance grants to Indian tribal governments and intertribal consortia to build capacity to administer environmental regulatory programs that may be delegated by the Environmental Protection Agency on Indian lands; and provide technical assistance from the Environmental Protection Agency to Indian tribal governments and intertribal consortia in the development of multimedia programs to address environmental issues on Indian lands.

(c) Definitions For purposes of this section: The term “Indian tribal government” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601, et seq.)), which is recognized as eligible for the special services provided by the United States to Indians because of their status as Indians. The term “intertribal consortia” or “intertribal consortium” means a partnership between two or more Indian tribal governments authorized by the governing bodies of those tribes to apply for and receive assistance pursuant to this section. The term “Administrator” means the Administrator of the Environmental Protection Agency.

(d) General assistance program The Administrator of the Environmental Protection Agency shall establish an Indian Environmental General Assistance Program that provides grants to eligible Indian tribal governments or intertribal consortia to cover the costs of planning, developing, and establishing environmental protection programs consistent with other applicable provisions of law providing for enforcement of such laws by Indian tribes on Indian lands. Each grant awarded for general assistance under this subsection for a fiscal year shall be no less than $75,000, and no single grant may be awarded to an Indian tribal government or intertribal consortium for more than 10 percent of the funds appropriated under subsection (h) of this section. The term of any general assistance award made under this subsection may exceed one year. Any awards made pursuant to this section shall remain available until expended. An Indian tribal government or intertribal consortium may receive a general assistance grant for a period of up to four years in each specific media area.

(e) No reduction in amounts In no case shall the award of a general assistance grant to an Indian tribal government or intertribal consortium under this section result in a reduction of Environmental Protection Agency grants for environmental programs to that tribal government or consortium. Nothing in this section shall preclude an Indian tribal government or intertribal consortium from receiving individual media grants or cooperative agreements. Funds provided by the Environmental Protection Agency through the general assistance program shall be used by an Indian tribal government or intertribal consortium to supplement other funds provided by the Environmental Protection Agency through individual media grants or cooperative agreements.

(f) Expenditure of general assistance Any general assistance under this section shall be expended for the purpose of planning, developing, and establishing the capability to implement programs administered by the Environmental Protection Agency and specified in the assistance agreement. Purposes and programs authorized under this section shall include the development and implementation of solid and hazardous waste programs for Indian lands. An Indian tribal government or intertribal consortium receiving general assistance pursuant to this section shall utilize such funds for programs and purposes to be carried out in accordance with the terms of the assistance agreement. Such programs and general assistance shall be carried out in accordance with the purposes and requirements of applicable provisions of law, including the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.).

(g) Procedures Within 12 months following October 24, 1992 , the Administrator shall promulgate regulations establishing procedures under which an Indian tribal government or intertribal consortium may apply for general assistance grants under this section. The Administrator shall publish regulations issued pursuant to this section in the Federal Register. The Administrator shall establish procedures for accounting, auditing, evaluating, and reviewing any programs or activities funded in whole or in part for a general assistance grant under this section.

(h) Authorization There are authorized to be appropriated to carry out the provisions of this section, such sums as may be necessary for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.

(i) Report to Congress The Administrator shall transmit an annual report to the appropriate Committees of the Congress with jurisdiction over the applicable environmental laws and Indian tribes describing which Indian tribes or intertribal consortia have been granted approval by the Administrator pursuant to law to enforce certain environmental laws and the effectiveness of any such enforcement.

§ 4369 Miscellaneous reports

(a) Availability to Congressional committees All reports to or by the Administrator relevant to the Agency’s program of research, development, and demonstration shall promptly be made available to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works of the Senate, unless otherwise prohibited by law.

(b) Transmittal of jurisdictional information The Administrator shall keep the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works of the Senate fully and currently informed with respect to matters falling within or related to the jurisdiction of the committees.

(c) Comment by Government agencies and the public The reports provided for in section 5910 1 of this title shall be made available to the public for comment, and to the heads of affected agencies for comment and, in the case of recommendations for action, for response.

(d) Transmittal of research information to the Department of Energy For the purpose of assisting the Department of Energy in planning and assigning priorities in research development and demonstration activities related to environmental control technologies, the Administrator shall actively make available to the Department all information on research activities and results of research programs of the Environmental Protection Agency.

§ 4369a Reports on environmental research and development activities of Agency

(a) Reports to keep Congressional committees fully and currently informed The Administrator shall keep the appropriate committees of the House and the Senate fully and currently informed about all aspects of the environmental research and development activities of the Environmental Protection Agency.

(b) Omitted

§ 4370 Reimbursement for use of facilities

(a) Authority to allow outside groups or individuals to use research and test facilities; reimbursement The Administrator is authorized to allow appropriate use of special Environmental Protection Agency research and test facilities by outside groups or individuals and to receive reimbursement or fees for costs incurred thereby when he finds this to be in the public interest. Such reimbursement or fees are to be used by the Agency to defray the costs of use by outside groups or individuals.

(b) Rules and regulations The Administrator may promulgate regulations to cover such use of Agency facilities in accordance with generally accepted accounting, safety, and laboratory practices.

(c) Waiver of reimbursement by Administrator When he finds it is in the public interest the Administrator may waive reimbursement or fees for outside use of Agency facilities by nonprofit private or public entities.

§ 4370a Assistant Administrators of Environmental Protection Agency; appointment; duties

(a) The President, by and with the advice and consent of the Senate, may appoint three Assistant Administrators of the Environmental Protection Agency in addition to— the five Assistant Administrators provided for in section 1(d) of Reorganization Plan Numbered 3 of 1970 (5 U.S.C. Appendix); the Assistant Administrator provided by section 2625(g) of title 15 ; and the Assistant Administrator provided by section 6911a of this title .

(b) Each Assistant Administrator appointed under subsection (a) shall perform such duties as the Administrator of the Environmental Protection Agency may prescribe.

§ 4370b Availability of fees and charges to carry out Agency programs

Notwithstanding any other provision of law, after September 30, 1990 , amounts deposited in the Licensing and Other Services Fund from fees and charges assessed and collected by the Administrator for services and activities carried out pursuant to the statutes administered by the Environmental Protection Agency shall thereafter be available to carry out the Agency’s activities in the programs for which the fees or charges are made. ( Pub. L. 101–144, title III , Nov. 9, 1989 , 103 Stat. 858 .)

§ 4370c Environmental Protection Agency fees

(a) Assessment and collection The Administrator of the Environmental Protection Agency shall, by regulation, assess and collect fees and charges for services and activities carried out pursuant to laws administered by the Environmental Protection Agency.

(b) Amount of fees and charges Fees and charges assessed pursuant to this section shall be in such amounts as may be necessary to ensure that the aggregate amount of fees and charges collected pursuant to this section, in excess of the amount of fees and charges collected under current law— in fiscal year 1991, is not less than $28,000,000;andineachoffiscalyears1992,1993,1994,and1995,isnotlessthan$38,000,000.

(c) Limitation on fees and charges The maximum aggregate amount of fees and charges in excess of the amounts being collected under current law which may be assessed and collected pursuant to this section in a fiscal year— for services and activities carried out pursuant ot 1 the Federal Water Pollution Control Act [ 33 U.S.C. 1251 et seq.] is $10,000,000; and for services and activities in programs within the jurisdiction of the House Committee on Energy and Commerce and administered by the Environmental Protection Agency through the Administrator, shall be limited to such sums collected as of November 5, 1990 , pursuant to sections 2625(b) and 2665(e)(2) 2 of title 15, and such sums specifically authorized by the Clean Air Act Amendments of 1990. Any remaining amounts required to be collected under this section shall be collected from services and programs administered by the Environmental Protection Agency other than those specified in subparagraphs (A) and (B) of paragraph (1).

(d) Rule of construction Nothing in this section increases or diminishes the authority of the Administrator to promulgate regulations pursuant to section 9701 of title 31 .

(e) Uses of fees Fees and charges collected pursuant to this section shall be deposited into a special account for environmental services in the Treasury of the United States. Subject to appropriation Acts, such funds shall be available to the Environmental Protection Agency to carry out the activities for which such fees and charges are collected. Such funds shall remain available until expended.

§ 4370d Percentage of Federal funding for organizations owned by socially and economically disadvantaged individuals

The Administrator of the Environmental Protection Agency shall, on and after October 6, 1992 , to the fullest extent possible, ensure that at least 8 per centum of Federal funding for prime and subcontracts awarded in support of authorized programs, including grants, loans, and contracts for wastewater treatment and leaking underground storage tanks grants, be made available to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals (within the meaning of section 637(a)(5) and (6) of title 15), including historically black colleges and universities. For purposes of this section, economically and socially disadvantaged individuals shall be deemed to include women. ( Pub. L. 102–389, title III , Oct. 6, 1992 , 106 Stat. 1602 .)

§ 4370e Working capital fund in Treasury

There is hereby established in the Treasury a “Working capital fund”, to be available without fiscal year limitation for expenses and equipment necessary for the maintenance and operation of such administrative services as the Administrator determines may be performed more advantageously as central services: Provided , That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made hereafter for the purpose of providing capital, shall be used to capitalize such fund: Provided further , That such fund shall be paid in advance or reimbursed from funds available to the Agency and other Federal agencies for which such centralized services are performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of automated data processing (ADP) software and systems (either acquired or donated), and an amount necessary to maintain a reasonable operating reserve, as determined by the Administrator: Provided further , That such fund shall provide services on a competitive basis: Provided further , That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each fiscal year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improvement and implementation of Agency financial management, ADP, and other support systems: Provided further , That no later than thirty days after the end of each fiscal year amounts in excess of this reserve limitation shall be transferred to the Treasury. ( Pub. L. 104–204, title III , Sept. 26, 1996 , 110 Stat. 2912 ; Pub. L. 105–65, title III , Oct. 27, 1997 , 111 Stat. 1374 ; Pub. L. 105–276, title III , Oct. 21, 1998 , 112 Stat. 2499 .)

§ 4370f Availability of funds after expiration of period for liquidating obligations

For fiscal year 2001 and thereafter, the obligated balances of sums available in multiple-year appropriations accounts shall remain available through the seventh fiscal year after their period of availability has expired for liquidating obligations made during the period of availability. ( Pub. L. 106–377, § 1(a)(1) [title III] , Oct. 27, 2000 , 114 Stat. 1441 , 1441A–44.)

§ 4370g Availability of funds for uniforms and certain services

For fiscal year 2009 and thereafter, the Science and Technology and Environmental Programs and Management Accounts are available for uniforms, or allowances therefore, 1 as authorized by sections 5901 and 5902 of title 5 and for services as authorized by section 3109 of title 5 , but at rates for individuals not to exceed the daily equivalent of the rate paid for level IV of the Executive Schedule. ( Pub. L. 111–8, div. E, title II , Mar. 11, 2009 , 123 Stat. 728 .)

§ 4370h Availability of funds for facilities

For fiscal year 2009 and thereafter, the Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities provided that the cost does not exceed $85,000 per project. ( Pub. L. 111–8, div. E, title II , Mar. 11, 2009 , 123 Stat. 729 .)

§ 4370i Regional liaisons for minority, tribal, and low-income communities

(a) In general The Administrator of the Environmental Protection Agency (referred to in this section as the “Administrator”) shall assign at least one employee in each regional office of the Environmental Protection Agency to serve as a liaison to minority, Tribal, and low-income communities in the relevant region.

(b) Public identification The Administrator shall identify each regional liaison assigned under subsection (a) on the internet website of— the relevant regional office of the Environmental Protection Agency; and the Office of Environmental Justice of the Environmental Protection Agency.

§ 4370j Municipal Ombudsman

(a) Establishment There is established within the Office of the Administrator an Office of the Municipal Ombudsman, to be headed by a Municipal Ombudsman.

(b) General duties The duties of the Municipal Ombudsman shall include the provision of— technical assistance to municipalities seeking to comply with the Federal Water Pollution Control Act [ 33 U.S.C. 1251 et seq.]; and information to the Administrator to help the Administrator ensure that agency policies are implemented by all offices of the Environmental Protection Agency, including regional offices.

(c) Actions required The Municipal Ombudsman shall work with appropriate offices at the headquarters and regional offices of the Environmental Protection Agency to ensure that a municipality seeking assistance is provided information regarding— available Federal financial assistance for which the municipality is eligible; flexibility available under the Federal Water Pollution Control Act; and the opportunity to develop an integrated plan under section 402(s) of the Federal Water Pollution Control Act [ 33 U.S.C. 1342(s) ].

(d) Information sharing The Municipal Ombudsman shall publish on the website of the Environmental Protection Agency— general information relating to— the technical assistance referred to in subsection (b)(1); the financial assistance referred to in subsection (c)(1); the flexibility referred to in subsection (c)(2); and any resources developed by the Administrator related to integrated plans under section 402(s) of the Federal Water Pollution Control Act [ 33 U.S.C. 1342(s) ]; and a copy of each permit, order, or judicial consent decree that implements or incorporates such an integrated plan.

§ 4370m Definitions

In this subchapter: The term “agency” has the meaning given the term in section 551 of title 5 . The term “agency CERPO” means the chief environmental review and permitting officer of an agency, as designated by the head of the agency under section 4370m–1(b)(2)(A)(iii)(I) of this title . The term “authorization” means any license, permit, approval, finding, determination, or other administrative decision issued by an agency and any interagency consultation that is required or authorized under Federal law in order to site, construct, reconstruct, or commence operations of a covered project administered by a Federal agency or, in the case of a State that chooses to participate in the environmental review and authorization process in accordance with section 4370m–2(c)(3)(A) of this title , a State agency. The term “cooperating agency” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). The term “Council” means the Federal Permitting Improvement Steering Council established under section 4370m–1(a) of this title . The term “covered project” means any activity in the United States that requires authorization or environmental review by a Federal agency involving construction of infrastructure for renewable or conventional energy production, electricity transmission, surface transportation, aviation, ports and waterways, water resource projects, broadband, pipelines, manufacturing, semiconductors, artificial intelligence and machine learning, high-performance computing and advanced computer hardware and software, quantum information science and technology, data storage and data management, cybersecurity, carbon capture, energy storage, or any other sector as determined by a majority vote of the Council that— is subject to NEPA; is likely to require a total investment of more than $200,000,000; and does not qualify for abbreviated authorization or environmental review processes under any applicable law; is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines; is— subject to NEPA; sponsored by an Indian Tribe (as defined in section 5304 of title 25 ), an Alaska Native Corporation, a Native Hawaiian organization (as defined in section 7517 of title 20 ), the Department of Hawaiian Home Lands, or the Office of Hawaiian Affairs; and located on land owned or under the jurisdiction of the entity that sponsors the activity under subclause (II); or is subject to NEPA and the size and complexity of which, in the opinion of the Council, make the project likely to benefit from enhanced oversight and coordination, including a project likely to require— authorization from or environmental review involving more than 2 Federal agencies; or the preparation of an environmental impact statement under NEPA. The term “covered project” does not include— any project subject to section 139 of title 23 ; or any project subject to section 2348 of title 33 . For purposes of subparagraph (A), construction of infrastructure for carbon capture includes construction of— any facility, technology, or system that captures, utilizes, or sequesters carbon dioxide emissions, including projects for direct air capture (as defined in paragraph (6)(B)(i) of section 7403(g) of this title ); and carbon dioxide pipelines. The term “Dashboard” means the Permitting Dashboard required under section 4370m–2(b) of this title . The term “environmental assessment” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). The term “environmental document” means an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision. The term “environmental document” includes— any document that is a supplement to a document described in subparagraph (A); and a document prepared pursuant to a court order. The term “environmental impact statement” means the detailed written statement required under section 102(2)(C) of NEPA [ 42 U.S.C. 4332(2)(C) ]. The term “environmental review” means the agency procedures and processes for applying a categorical exclusion or for preparing an environmental assessment, an environmental impact statement, or other document required under NEPA. The term “Executive Director” means the Executive Director appointed by the President under section 4370m–1(b)(1)(A) of this title . The term “facilitating agency” means the agency that receives the initial notification from the project sponsor required under section 4370m–2(a) of this title . The term “inventory” means the inventory of covered projects established by the Executive Director under section 4370m–1(c)(1)(A) of this title . The term “lead agency” means the agency with principal responsibility for an environmental review of a covered project under NEPA and parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations). The term “NEPA” means the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). The term “participating agency” means an agency participating in an environmental review or authorization for a covered project in accordance with section 4370m–2 of this title . The term “project sponsor” means an entity, including any private, public, or public-private entity, seeking an authorization for a covered project. ( Pub. L. 114–94, div. D, title XLI, § 41001 , Dec. 4, 2015 , 129 Stat. 1741 ; Pub. L. 116–260, div. S, § 102(d)(1) , Dec. 27, 2020 , 134 Stat. 2250 ; Pub. L. 117–58, div. G, title VIII, § 70801(a) , Nov. 15, 2021 , 135 Stat. 1287 ; Pub. L. 117–173, § 1 , Aug. 16, 2022 , 136 Stat. 2103 ; Pub. L. 118–5, div. C, title III, § 323 , June 3, 2023 , 137 Stat. 46 .)

§ 4370m–1 Federal Permitting Improvement Steering Council

(a) Establishment There is established the Federal Permitting Improvement Steering Council.

(b) Composition The Executive Director shall— be appointed by the President; and serve as Chair of the Council. Each individual listed in subparagraph (B) shall designate a member of the agency in which the individual serves to serve on the Council. If an individual listed in subparagraph (B) designates a different member to serve on the Council than the member designated under subclause (I), the individual shall notify the Executive Director of the designation by not later than 30 days after the date on which the designation is made. A councilmember described in clause (i) shall hold a position in the agency of deputy secretary (or the equivalent) or higher. Consistent with guidance provided by the Director of the Office of Management and Budget, each individual listed in subparagraph (B) shall designate 1 or more appropriate members of the agency in which the individual serves to serve as an agency CERPO. In carrying out the duties of the agency CERPO under this subchapter, an agency CERPO shall report directly to the applicable agency councilmember. The individuals that shall each designate a councilmember under this subparagraph are as follows: The Secretary of Agriculture. The Secretary of the Army. The Secretary of Commerce. The Secretary of the Interior. The Secretary of Energy. The Secretary of Transportation. The Secretary of Defense. The Administrator of the Environmental Protection Agency. The Chairman of the Federal Energy Regulatory Commission. The Chairman of the Nuclear Regulatory Commission. The Secretary of Homeland Security. The Secretary of Housing and Urban Development. The Chairman of the Advisory Council on Historic Preservation. Any other head of a Federal agency that the Executive Director may invite to participate as a member of the Council. In addition to the members listed in paragraphs (1) and (2), the Chairman of the Council on Environmental Quality and the Director of the Office of Management and Budget shall also be members of the Council.

(c) Duties The Executive Director, in consultation with the Council, shall— 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; categorize the projects in the inventory as appropriate, based on sector and project type; and for each category, identify the types of environmental reviews and authorizations most commonly involved; and add a covered project to the inventory after receiving a notice described in section 4370m–2(a)(1) of this title . The Executive Director, in consultation with the Council, shall— designate a facilitating agency for each category of covered projects described in subparagraph (A)(ii); and publish the list of designated facilitating agencies for each category of projects in the inventory on the Dashboard in an easily accessible format. Not later than 1 year after December 4, 2015 , the Executive Director, in consultation with the Council, shall develop recommended performance schedules, including intermediate and final completion dates, for environmental reviews and authorizations most commonly required for each category of covered projects described in subparagraph (A)(ii). The performance schedules shall reflect employment of the most sound and efficient applicable processes, including the alignment of Federal reviews of projects, reduction of permitting and project delivery time, and consideration of the best practices for public participation. To the maximum extent practicable, and consistent with applicable Federal law, the Executive Director, in consultation with the Council, shall aim to develop recommended performance schedules under clause (i) of not more than 2 years. If a recommended performance schedule developed under clause (i) exceeds 2 years, the relevant agencies, in consultation with the Executive Director and the Council, shall explain in that recommended performance schedule the factors that cause the environmental reviews and authorizations in that category of covered projects to take longer than 2 years. The final completion dates in any performance schedule for the completion of an environmental review or authorization under clause (i) shall not exceed the average time to complete an environmental review or authorization for a project within that category. The average time referred to in item (aa) shall be calculated based on relevant historical data, as determined by the Executive Director, and shall run from the period beginning on the date on which the Executive Director must make a specific entry for the project on the Dashboard under section 4370m–2(b)(2) of this title (except that, for projects initiated before that duty takes effect, the period beginning on the date of filing of a completed application), and ending on the date of the issuance of a record of decision or other final agency action on the review or authorization. Each performance schedule shall specify that any decision by an agency on an environmental review or authorization must be issued not later than 180 days after the date on which all information needed to complete the review or authorization (including any hearing that an agency holds on the matter) is in the possession of the agency. Not later than 2 years after the date on which the performance schedules are established under this subparagraph, and not less frequently than once every 2 years thereafter, the Executive Director, in consultation with the Council, shall review and revise the performance schedules. 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— to carry out responsibilities under this subchapter; and to effectuate the adoption by agencies of the best practices and recommendations of the Council described in paragraph (2). The Executive Director of the Council may appoint and fix the compensation of such employees as the Executive Director considers necessary to carry out the roles and responsibilities of the Executive Director. The Council shall make recommendations to the Executive Director with respect to the designations under paragraph (1)(B) and the performance schedules under paragraph (1)(C). The Council may update the recommendations described in clause (i). 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— enhancing early stakeholder engagement, including— 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 fully considering and, as appropriate, incorporating recommendations provided in public comments on any proposed covered project; ensuring timely decisions regarding environmental reviews and authorizations, including through the development of performance metrics; improving coordination between Federal and non-Federal governmental entities, including through the development of common data standards and terminology across agencies; increasing transparency; reducing information collection requirements and other administrative burdens on agencies, project sponsors, and other interested parties; developing and making available to applicants appropriate geographic information systems and other tools; creating and distributing training materials useful to Federal, State, tribal, and local permitting officials; in coordination with the Executive Director, improving preliminary engagement with project sponsors in developing coordinated project plans; using programmatic assessments, templates, and other tools based on the best available science and data; and addressing other aspects of infrastructure permitting, as determined by the Council. The Council shall meet not less frequently than annually with groups or individuals representing State, tribal, and local governments that are engaged in the infrastructure permitting process. An agency CERPO shall— 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; 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; 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 review and develop training programs for agency staff that support and conduct environmental reviews or authorizations.

§ 4370m–2 Permitting process improvement

(a) Project initiation and designation of participating agencies A project sponsor of a covered project shall submit to the Executive Director and the facilitating agency notice of the initiation of a proposed covered project. If, at the time of submission of the notice under subparagraph (A), the Executive Director has not designated a facilitating agency under section 4370m–1(c)(1)(B) of this title for the categories of projects noticed, the agency that receives the notice under subparagraph (A) shall be designated as the facilitating agency. Each notice described in subparagraph (A) shall include— a statement of the purposes and objectives of the proposed project; a concise description, including the general location of the proposed project and a summary of geospatial information, if available, illustrating the project area and the locations, if any, of environmental, cultural, and historic resources; a statement regarding the technical and financial ability of the project sponsor to construct the proposed project; a statement of any Federal financing, environmental reviews, and authorizations anticipated to be required to complete the proposed project; and an assessment that the proposed project meets the definition of a covered project under section 4370m of this title and a statement of reasons supporting the assessment. Any information relating to Native American natural, cultural, and historical resources submitted in a notice by a project sponsor under subparagraph (A) shall be— kept confidential; and exempt from the disclosure requirements under section 552 of title 5 (commonly known as the “Freedom of Information Act”) and the Federal Advisory Committee Act (5 U.S.C. App.). 1 Not later than 21 calendar days after the date on which the Executive Director must make a specific entry for the project on the Dashboard under subsection (b)(2)(A), the facilitating agency or lead agency, as applicable, shall— identify all Federal and non-Federal agencies and governmental entities likely to have financing, environmental review, authorization, or other responsibilities with respect to the proposed project; and invite all Federal agencies identified under clause (i) to become a participating agency or a cooperating agency, as appropriate, in the environmental review and authorization management process described in section 4370m–4 of this title . Each invitation made under subparagraph (A) shall include a 14 calendar day deadline for a response to be submitted to the facilitating or lead agency, as applicable. An agency invited under paragraph (2) shall be designated as a participating or cooperating agency for a covered project, unless the agency informs the facilitating or lead agency, as applicable, and the Executive Director in writing before the deadline under paragraph (2)(B) that the agency— has no jurisdiction or authority with respect to the proposed project; or does not intend to exercise authority related to, or submit comments on, the proposed project. On request and a showing of changed circumstances, the Executive Director may designate an agency that has opted out under subparagraph (A)(ii) to be a participating or cooperating agency, as appropriate. The designation described in paragraph (3) shall not— give the participating agency authority or jurisdiction over the covered project; or expand any jurisdiction or authority a cooperating agency may have over the proposed project. On establishment of the lead agency, the lead agency shall assume the responsibilities of the facilitating agency under this subchapter. If the lead agency assumes the responsibilities of the facilitating agency under subparagraph (A), the facilitating agency may be designated as a cooperative or participating agency. On the request of a participating agency or project sponsor, the Executive Director may designate a different agency as the facilitating or lead agency, as applicable, for a covered project, if the facilitating or lead agency or the Executive Director receives new information regarding the scope or nature of a covered project that indicates that the project should be placed in a different category under section 4370m–1(c)(1)(B) of this title . The Chairman of the Council on Environmental Quality shall resolve any dispute over designation of a facilitating or lead agency for a particular covered project.

(b) Permitting dashboard The Executive Director, in coordination with the Administrator of General Services, shall maintain an online database to be known as the “Permitting Dashboard” to track the status of Federal environmental reviews and authorizations for any covered project in the inventory described in section 4370m–1(c)(1)(A) of this title . The Dashboard shall include a specific and searchable entry for each covered project. Not later than 14 days after the date on which the Executive Director adds a project to the inventory under section 4370m–1(c)(1)(A) of this title , the Executive Director shall create a specific entry on the Dashboard for the covered project. Not later than 14 days after the date on which the Executive Director receives a notice under subsection (a)(1), the Executive Director shall create a specific entry on the Dashboard for the covered project, unless the Executive Director, facilitating agency, or lead agency, as applicable, determines that the project is not a covered project. The Executive Director may direct a lead agency to create a specific entry on the Dashboard for a project that is not a covered project and is under review by the lead agency if the Executive Director determines that a Dashboard entry for that project is in the interest of transparency. Not later than 14 days after the date on which the Executive Director directs the lead agency to create a specific entry on the Dashboard for a project described in subclause (I), the lead agency shall create and maintain a specific entry on the Dashboard for the project that contains— a comprehensive permitting timetable, as described in subsection (c)(2)(A); the status of the compliance of each lead agency, cooperating agency, and participating agency with the permitting timetable required under item (aa); any modifications of the permitting timetable required under item (aa), including an explanation as to why the permitting timetable was modified; and information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available. If the facilitating agency or lead agency, as applicable, determines that the project is not a covered project, the project sponsor may submit a further explanation as to why the project is a covered project not later than 14 days after the date of the determination under subparagraph (A). Not later than 14 days after receiving an explanation described in subparagraph (B), the Executive Director shall— make a final and conclusive determination as to whether the project is a covered project; and if the Executive Director determines that the project is a covered project, create a specific entry on the Dashboard for the covered project. For each covered project added to the Dashboard under paragraph (2), the facilitating or lead agency, as applicable, and each cooperating and participating agency shall post to the Dashboard— a hyperlink that directs to a website that contains, to the extent consistent with applicable law— the notification submitted under subsection (a)(1); where practicable, the application and supporting documents, if applicable, that have been submitted by a project sponsor for any required environmental review or authorization; or a notice explaining how the public may obtain access to such documents; a description of any Federal agency action taken or decision made that materially affects the status of a covered project; any significant document that supports the action or decision described in subclause (III); information on the status of mitigation measures that were agreed to as part of the environmental review and permitting process, including whether and when the mitigation measures have been fully implemented; and a description of the status of any litigation to which the agency is a party that is directly related to the project, including, if practicable, any judicial document made available on an electronic docket maintained by a Federal, State, or local court; any document described in clause (i) that is not available by hyperlink on another website; and information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available. The information described in subparagraph (A) shall be posted to the website made available by hyperlink on the Dashboard not later than 5 business days after the date on which the Federal agency receives the information. The Executive Director shall publish to the Dashboard— the permitting timetable established under subparagraph (A) or (C) of subsection (c)(2); the status of the compliance of each agency with the permitting timetable; any modifications of the permitting timetable; an explanation of each modification described in subparagraph (C); and any memorandum of understanding established under subsection (c)(3)(B).

(c) Coordination and timetables Not later than 60 days after the date on which the Executive Director must make a specific entry for the project on the Dashboard under subsection (b)(2)(A), the facilitating or lead agency, as applicable, in consultation with each coordinating and participating agency, shall establish a concise plan for coordinating public and agency participation in, and completion of, any required Federal environmental review and authorization for the project. The Coordinated Project Plan shall include the following information and be updated by the facilitating or lead agency, as applicable, at least once per quarter: A list of, and roles and responsibilities for, all entities with environmental review or authorization responsibility for the project. A permitting timetable, as described in paragraph (2), setting forth a comprehensive schedule of dates by which all environmental reviews and authorizations, and to the maximum extent practicable, State permits, reviews and approvals must be made. A discussion of potential avoidance, minimization, and mitigation strategies, if required by applicable law and known. Plans and a schedule for public and tribal outreach and coordination, to the extent required by applicable law. The coordinated project plan described in subparagraph (A) may be incorporated into a memorandum of understanding. As part of the coordinated project plan under paragraph (1), the facilitating or lead agency, as applicable, in consultation with each cooperating and participating agency, the project sponsor, and any State in which the project is located, and, subject to subparagraph (C), with the concurrence of each cooperating agency, shall establish a permitting timetable that includes intermediate and final completion dates for action by each participating agency on any Federal environmental review or authorization required for the project. In establishing the permitting timetable under subparagraph (A), the facilitating or lead agency shall follow the performance schedules established under section 4370m–1(c)(1)(C) of this title , but may vary the timetable based on relevant factors, including— the size and complexity of the covered project; the resources available to each participating agency; the regional or national economic significance of the project; the sensitivity of the natural or historic resources that may be affected by the project; the financing plan for the project; and the extent to which similar projects in geographic proximity to the project were recently subject to environmental review or similar procedures under State law. The Executive Director, in consultation with appropriate agency CERPOs and the project sponsor, shall, as necessary, mediate any disputes regarding the permitting timetable referred to under subparagraph (A). If a dispute remains unresolved 30 days after the date on which the dispute was submitted to the Executive Director, the Director of the Office of Management and Budget, in consultation with the Chairman of the Council on Environmental Quality, shall facilitate a resolution of the dispute and direct the agencies party to the dispute to resolve the dispute by the end of the 60-day period beginning on the date of submission of the dispute to the Executive Director. Any action taken by the Director of the Office of Management and Budget in the resolution of a dispute under clause (ii) shall— be final and conclusive; and not be subject to judicial review. The facilitating or lead agency, as applicable, may modify a permitting timetable established under subparagraph (A) only if— the facilitating or lead agency, as applicable, consults with the Executive Director regarding the potential modification not less than 15 days before engaging in the consultation under subclause (II); the facilitating or lead agency, as applicable, and the affected cooperating agencies, after consultation with the participating agencies, the Executive Director, and the project sponsor, agree to a different completion date; the facilitating agency or lead agency, as applicable, or the affected cooperating agency provides a written justification for the modification; and in the case of a modification that would necessitate an extension of a final completion date under a permitting timetable established under subparagraph (A) to a date more than 30 days after the final completion date originally established under subparagraph (A), the facilitating or lead agency submits a request to modify the permitting timetable to the Executive Director, who shall consult with the project sponsor and make a determination on the record, based on consideration of the relevant factors described under subparagraph (B), whether to grant the facilitating or lead agency, as applicable, authority to make such modification. A completion date in the permitting timetable may not be modified within 30 days of the completion date. Except as provided in subclause (II), the total length of all modifications to a permitting timetable authorized or made under this subparagraph, other than for reasons outside the control of Federal, State, local, or tribal governments, may not extend the permitting timetable for a period of time greater than half of the amount of time from the establishment of the permitting timetable under subparagraph (A) to the last final completion date originally established under subparagraph (A). The Director of the Office of Management and Budget, after consultation with the project sponsor, may permit the Executive Director to authorize additional extensions of a permitting timetable beyond the limit prescribed by subclause (I). In such a case, the Director of the Office of Management and Budget shall transmit, not later than 5 days after making a determination to permit an authorization of extension under this subclause, a report to Congress explaining why such modification is required. Such report shall explain to Congress with specificity why the original permitting timetable and the modifications authorized by the Executive Director failed to be adequate. The lead or facilitating agency, as applicable, shall transmit to Congress, the Director of the Office of Management and Budget, and the Executive Director a supplemental report on progress toward the final completion date each year thereafter, until the permit review is completed or the project sponsor withdraws its notice or application or other request to which this subchapter applies under section 4370m–9 of this title . The following shall not be subject to judicial review: A determination by the Executive Director under clause (i)(III). A determination under clause (iii)(II) by the Director of the Office of Management and Budget to permit the Executive Director to authorize extensions of a permitting timetable. A permitting timetable established under subparagraph (A) shall be consistent with any other relevant time periods established under Federal law and shall not prevent any cooperating or participating agency from discharging any obligation under Federal law in connection with the project. Each Federal agency shall conform to the intermediate and final completion dates set forth in the permitting timetable established under subparagraph (A), or with any intermediate or final completion date modified under subparagraph (D). If a Federal agency fails to conform with an intermediate or final completion date for agency action on a covered project or reasonably believes the agency will fail to conform with a completion date 30 days before such a completion date, the agency shall— promptly submit to the Executive Director for publication on the Dashboard an explanation of the specific reasons for failing or reasonably believing the agency will fail to conform to the completion date and a proposal for an alternative completion date; in consultation with the facilitating or lead agency, as applicable, establish an alternative completion date; and each month thereafter until the agency has taken final action on the delayed authorization or review, submit to the Executive Director for posting on the Dashboard a status report describing any agency activity related to the project. If the facilitating or lead agency, as applicable, has a reasonable basis to doubt the continuing technical or financial ability of the project sponsor to construct the covered project, the facilitating or lead agency may request the project sponsor provide an updated statement regarding the ability of the project sponsor to complete the project. If the project sponsor fails to respond to a request described in clause (i) by the date that is 30 days after receiving the request, the lead or facilitating agency, as applicable, shall notify the Executive Director, who shall publish an appropriate notice on the Dashboard. On publication of a notice under clause (ii), the completion dates in the permitting timetable shall be tolled and agencies shall be relieved of the obligation to comply with subparagraph (F) until such time as the project sponsor submits to the facilitating or lead agency, as applicable, an updated statement regarding the technical and financial ability of the project sponsor to construct the project. If the Federal environmental review is being implemented within the boundaries of a State, the State, consistent with State law, may choose to participate in the environmental review and authorization process under this subsection and to make subject to the process all State agencies that— have jurisdiction over the covered project; are required to conduct or issue a review, analysis, opinion, or statement for the covered project; or are required to make a determination on issuing a permit, license, or other approval or decision for the covered project. To the maximum extent practicable under applicable law, the facilitating or lead agency, as applicable, shall coordinate the Federal environmental review and authorization processes under this subsection with any State, local, or tribal agency responsible for conducting any separate review or authorization of the covered project to ensure timely and efficient completion of environmental reviews and authorizations. Any coordination plan between the facilitating or lead agency, as applicable, and any State, local, or tribal agency shall, to the maximum extent practicable, be included in a memorandum of understanding. The facilitating or lead agency, as applicable, shall submit to the Executive Director each memorandum of understanding described in clause (i). The requirements under this subchapter shall only apply to a State or an authorization issued by a State if the State has chosen to participate in the environmental review and authorization process pursuant to this paragraph.

(d) Early consultation The facilitating or lead agency, as applicable, shall provide an expeditious process for project sponsors to confer with each cooperating and participating agency involved and, not later than 60 days after the date on which the project sponsor submits a request under this subsection, to have each such agency provide to the project sponsor information concerning— the availability of information and tools, including pre-application toolkits, to facilitate early planning efforts; key issues of concern to each agency and to the public; and issues that must be addressed before an environmental review or authorization can be completed.

(e) Cooperating agency A lead agency may designate a participating agency as a cooperating agency in accordance with part 1501 of title 40, Code of Federal Regulations (or successor regulations). The designation described in paragraph (1) shall not affect any designation under subsection (a)(3). Any agency not designated as a participating agency under subsection (a)(3) shall not be designated as a cooperating agency under paragraph (1).

(f) Reporting status of other projects on Dashboard On request of the Executive Director, the Secretary and the Secretary of the Army shall use best efforts to provide information for inclusion on the Dashboard on projects subject to section 139 of title 23 and section 2348 of title 33 likely to require— a total investment of more than $200,000,000; and an environmental impact statement under NEPA. Inclusion on the Dashboard of information regarding projects subject to section 139 of title 23 or section 2348 of title 33 shall not subject those projects to any requirements of this subchapter.

§ 4370m–3 Interstate compacts

(a) In general The consent of Congress is given for 3 or more contiguous States to enter into an interstate compact establishing regional infrastructure development agencies to facilitate authorization and review of covered projects, under State law or in the exercise of delegated permitting authority described under section 4370m–5 of this title , that will advance infrastructure development, production, and generation within the States that are parties to the compact.

(b) Regional infrastructure For the purpose of this subchapter, a regional infrastructure development agency referred to in subsection (a) shall have the same authorities and responsibilities of a State agency.

§ 4370m–4 Coordination of required reviews

(a) Concurrent reviews To integrate environmental reviews and authorizations, each agency shall, to the maximum extent practicable— 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; 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 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 On the request of a project sponsor, a lead agency shall consider and, as appropriate, adopt or incorporate by reference, the analysis and documentation that has been prepared for a covered project under the laws and procedures of a State or Indian Tribe (as defined in section 5130 of title 25 ) as the documentation, or part of the documentation, required to complete an environmental review for the covered project, if the analysis and documentation were, as determined by the lead agency in consultation with the Council on Environmental Quality, developed pursuant to laws and procedures of that State or Indian Tribe (as so defined) that are of equal or greater rigor to each applicable Federal law and procedure, and prepared under circumstances that allowed for opportunities for public participation and consideration of alternatives, environmental consequences, and other required analyses that are substantially equivalent to what would have been available had the documents and analysis been prepared by a Federal agency pursuant to NEPA. The Council on Environmental Quality may issue guidance to carry out this subsection. An environmental document adopted under paragraph (1) or a document that includes documentation incorporated under paragraph (1) may serve as the documentation required for an environmental review or a supplemental environmental review required to be prepared by a lead agency under NEPA. 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 significant change has been made to the covered project that is relevant for purposes of environmental review of the project; or there has been a significant circumstance or new information has emerged that is relevant to the environmental review for the covered project. 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— the lead agency, the project sponsor, and any cooperating agency agree to a longer deadline; or the lead agency extends the deadline for good cause. A lead agency shall issue a record of decision or finding of no significant impact, as appropriate, based on the document adopted under paragraph (1) and any supplemental document prepared under paragraph (3).

(c) Alternatives analysis As early as practicable during the environmental review, but not later than the commencement of scoping for a project requiring the preparation of an environmental impact statement, the lead agency shall engage the cooperating agencies and the public to determine the range of reasonable alternatives to be considered for a covered project. The determination under subparagraph (A) shall be completed not later than the completion of scoping. Following participation under paragraph (1) and subject to subparagraph (B), the lead agency shall determine the range of reasonable alternatives for consideration in any document that the lead agency is responsible for preparing for the covered project. In determining the range of alternatives under subparagraph (A), the lead agency shall include all alternatives required to be considered by law. The lead agency shall determine, in collaboration with each cooperating agency at appropriate times during the environmental review, the methodologies to be used and the level of detail required in the analysis of each alternative for a covered project. A cooperating agency shall use the methodologies referred to in subparagraph (A) when conducting any required environmental review, to the extent consistent with existing law. 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— 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 the preferred and other alternatives are developed in sufficient detail to enable the public to comment on the alternatives.

(d) Environmental review comments 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— the lead agency, the project sponsor, and any cooperating agency agree to a longer deadline; or the lead agency, in consultation with each cooperating agency, extends the deadline for good cause. 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— the lead agency, the project sponsor, and any cooperating agency agree to a longer deadline; or the lead agency extends the deadline for good cause.

(e) Issue identification and resolution The lead agency and each cooperating and participating agency shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of an environmental review or an authorization required for the project under applicable law or result in the denial of any approval under applicable law. The lead agency shall make information available to each cooperating and participating agency and project sponsor as early as practicable in the environmental review regarding the environmental, historic, and socioeconomic resources located within the project area and the general locations of the alternatives under consideration. The information described in subparagraph (A) may be based on existing data sources, including geographic information systems mapping. Each cooperating and participating agency shall— 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 communicate any issues described in subparagraph (A) to the project sponsor.

(f) Record of decision When an environmental impact statement is prepared, Federal agencies must, to the maximum extent practicable, issue a record of decision not later than 90 days after the date on which the final environmental impact statement is issued.

(g) Categories of projects The authorities granted under this section may be exercised for an individual covered project or a category of covered projects.

§ 4370m–5 Delegated State permitting programs

(a) In general If a Federal statute permits a Federal agency to delegate to or otherwise authorize a State to issue or otherwise administer a permit program in lieu of the Federal agency, the Federal agency with authority to carry out the statute shall— on publication by the Council of best practices under section 4370m–1(c)(2)(B) of this title , initiate a national process, with public participation, to determine whether and the extent to which any of the best practices are generally applicable on a delegation- or authorization-wide basis to permitting under the statute; and not later than 2 years after December 4, 2015 , make model recommendations for State modifications of the applicable permit program to reflect the best practices described in section 4370m–1(c)(2)(B) of this title , as appropriate.

(b) Best practices Lead and cooperating agencies may share with State, tribal, and local authorities best practices involved in review of covered projects and invite input from State, tribal, and local authorities regarding best practices.

§ 4370m–6 Litigation, judicial review, and savings provision

(a) Limitations on claims Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of any authorization issued by a Federal agency for a covered project shall be barred unless— the claim is filed not later than 2 years after the date of publication in the Federal Register of notice of final agency action on the authorization, unless a shorter time is specified in the Federal law under which judicial review is allowed; and in the case of an action pertaining to an environmental review conducted under NEPA— the claim is filed by a party that submitted a comment during the environmental review; and any commenter filed a sufficiently detailed comment so as to put the lead agency on notice of the issue on which the party seeks judicial review, or the lead agency did not provide a reasonable opportunity for such a comment on that issue. The head of a lead agency or participating agency shall consider new information received after the close of a comment period if the information satisfies the requirements under regulations implementing NEPA. If Federal law requires the preparation of a supplemental environmental impact statement or other supplemental environmental document, the preparation of such document shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the agency action shall be 2 years after the date on which a notice announcing the final agency action is published in the Federal Register, unless a shorter time is specified in the Federal law under which judicial review is allowed. Nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of an authorization.

(b) Preliminary injunctive relief In addition to considering any other applicable equitable factors, in any action seeking a temporary restraining order or preliminary injunction against an agency or a project sponsor in connection with review or authorization of a covered project, the court shall— consider the potential effects on public health, safety, and the environment, and the potential for significant negative effects on jobs resulting from an order or injunction; and not presume that the harms described in paragraph (1) are reparable.

(c) Judicial review Except as provided in subsection (a), nothing in this subchapter affects the reviewability of any final Federal agency action in a court of competent jurisdiction.

(d) Savings clause Nothing in this subchapter— supersedes, amends, or modifies any Federal statute or affects the responsibility of any Federal officer to comply with or enforce any statute; or creates a presumption that a covered project will be approved or favorably reviewed by any agency.

(e) Limitations Nothing in this subchapter preempts, limits, or interferes with— any practice of seeking, considering, or responding to public comment; or any power, jurisdiction, responsibility, or authority that a Federal, State, or local governmental agency, metropolitan planning organization, Indian tribe, or project sponsor has with respect to carrying out a project or any other provisions of law applicable to any project, plan, or program.

§ 4370m–7 Reports

(a) Reports to Congress Not later than April 15 of each year for 10 years beginning on November 15, 2021 , the Executive Director shall submit to Congress a report detailing the progress accomplished under this subchapter during the previous fiscal year. Each councilmember, with input from the respective agency CERPO, shall have the opportunity to include comments concerning the performance of the agency in the report described in subparagraph (A). The Executive Director shall submit to Congress a quarterly report evaluating agency compliance with the provisions of this subchapter, which shall include a description of the implementation and adherence of each agency to the coordinated project plan and permitting timetable requirements under section 4370m–2(c) of this title . Not later than April 15 of each year, each participating agency and lead agency shall submit to Congress and the Director of the Office of Management and Budget a report assessing the performance of the agency in implementing the best practices described in section 4370m–1(c)(2)(B) of this title .

(b) Comptroller general report Not later than 3 years after December 4, 2015 , the Comptroller General of the United States shall submit to Congress a report that describes— agency progress in making improvements consistent with the best practices issued under section 4370m–1(c)(2)(B) of this title ; and agency compliance with the performance schedules established under section 4370m–1(c)(1)(C) of this title .

§ 4370m–8 Funding for governance, oversight, and processing of environmental reviews and permits

(a) In general For the purpose of carrying out this subchapter, the Executive Director, in consultation with the heads of the agencies listed in section 4370m–1(b)(2)(B) of this title and with the guidance of the Director of the Office of Management and Budget, may, after public notice and opportunity for comment, issue regulations establishing a fee structure for sponsors of covered projects to reimburse the United States for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects.

(b) Reasonable costs As used in this section, the term “reasonable costs” shall include costs to implement the requirements and authorities required under sections 4370m–1 through 4370m–7 of this title, including the costs to agencies and the costs of operating the Council.

(c) Fee structure The fee structure established under subsection (a) shall— be developed in consultation with affected project proponents, industries, and other stakeholders; exclude parties for which the fee would impose an undue financial burden or is otherwise determined to be inappropriate; and be established in a manner that ensures that the aggregate amount of fees collected for a fiscal year is estimated not to exceed 20 percent of the total estimated costs for the fiscal year for the resources allocated for the conduct of the environmental reviews and authorizations covered by this subchapter, as determined by the Director of the Office of Management and Budget.

(d) Environmental Review Improvement Fund All amounts collected pursuant to this section shall be deposited into a separate fund in the Treasury of the United States to be known as the “Environmental Review Improvement Fund” (referred to in this section as the “Fund”). Amounts in the Fund shall be available to the Executive Director, without fiscal year limitation, solely for the purposes of administering, implementing, and enforcing this subchapter, including the expenses of the Council, appointing and fixing the compensation of such employees as the Executive Director considers necessary to carry out the roles and responsibilities of the Executive Director, and support of the role of the Council as a Federal center for permitting excellence, which may include supporting interagency detailee and rotation opportunities, advanced training, enhanced support for agency project managers, and fora for sharing information and lessons learned. For the purpose of carrying out this subchapter, the Executive Director, with the approval of the Director of the Office of Management and Budget, may transfer amounts in the Fund to other Federal agencies and State, Tribal, and local governments to facilitate timely and efficient environmental reviews and authorizations for covered projects and other projects under this subchapter, including direct reimbursement agreements with agency CERPOs, reimbursable agreements, and approval and consultation processes and staff for covered projects.

(e) Effect on permitting The regulations adopted pursuant to subsection (a) shall ensure that the use of funds accepted under subsection (d) will not impact impartial decision-making with respect to environmental reviews or authorizations, either substantively or procedurally.

(f) Transfer of appropriated funds The heads of agencies listed in section 4370m–1(b)(2)(B) of this title shall have the authority to transfer, in accordance with section 1535 of title 31 , funds appropriated to those agencies and not otherwise obligated to other affected Federal agencies for the purpose of implementing the provisions of this subchapter. Appropriations under title 23 and appropriations for the civil works program of the Army Corps of Engineers shall not be available for transfer under paragraph (1).

§ 4370m–9 Application

This subchapter applies to any covered project for which— a notice is filed under section 4370m–2(a)(1) of this title ; or an application or other request for a Federal authorization is pending before a Federal agency 90 days after December 4, 2015 . ( Pub. L. 114–94, div. D, title XLI, § 41010 , Dec. 4, 2015 , 129 Stat. 1761 .)

§ 4370m–10 GAO report

Not later than 3 years after December 4, 2015 , the Comptroller General of the United States shall submit to Congress a report that includes an analysis of whether the provisions of this subchapter could be adapted to streamline the Federal permitting process for smaller projects that are not covered projects. ( Pub. L. 114–94, div. D, title XLI, § 41011 , Dec. 4, 2015 , 129 Stat. 1761 .)

§ 4370m–11 Savings provision

Nothing in this subchapter amends the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). ( Pub. L. 114–94, div. D, title XLI, § 41012 , Dec. 4, 2015 , 129 Stat. 1761 .)

§ 4370m–12 Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294