Don't show this message again
42 U.S. Code § 4370m-2. Permitting process improvement
(a) Project initiation and designation of participating agencies
(1) Notice
(A) In general
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.
(B) Default designation
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.
(C) ContentsEach notice described in subparagraph (A) shall include—
(i)
a statement of the purposes and objectives of the proposed project;
(ii)
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;
(iii)
a statement regarding the technical and financial ability of the project sponsor to construct the proposed project;
(iv)
a statement of any Federal financing, environmental reviews, and authorizations anticipated to be required to complete the proposed project; and
(v)
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.
(D) ConfidentialityAny information relating to Native American natural, cultural, and historical resources submitted in a notice by a project sponsor under subparagraph (A) shall be—
(i)
kept confidential; and
(ii)
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]
(2) Invitation
(A) In generalNot 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—
(i)
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
(ii)
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.
(B) Deadlines
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.
(3) Participating and cooperating agencies
(A) In generalAn 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—
(i)
has no jurisdiction or authority with respect to the proposed project; or
(ii)
does not intend to exercise authority related to, or submit comments on, the proposed project.
(B) Changed circumstances
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.
(4) Effect of designationThe designation described in paragraph (3) shall not—
(A)
give the participating agency authority or jurisdiction over the covered project; or
(B)
expand any jurisdiction or authority a cooperating agency may have over the proposed project.
(5) Lead agency designation
(A) In general
On establishment of the lead agency, the lead agency shall assume the responsibilities of the facilitating agency under this subchapter.
(B) Redesignation of facilitating agency
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.
(6) Change of facilitating or lead agency
(A) In general
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.
(B) Resolution of dispute
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.