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42 U.S. Code § 4336a. Timely and unified Federal reviews
(a) Lead agency
(1) Designation
(A) In generalIf there are two or more participating Federal agencies, such agencies shall determine, by letter or memorandum, which agency shall be the lead agency based on consideration of the—
(i)
magnitude of agency’s involvement;
(ii)
project approval or disapproval authority;
(iii)
expertise concerning the action’s environmental effects;
(iv)
duration of agency’s involvement; and
(v)
sequence of agency’s involvement.
(B) Joint lead agencies
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).
(2) RoleA lead agency shall, with respect to a proposed agency action—
(A)
supervise the preparation of an environmental document if, with respect to such proposed agency action, there is more than one participating Federal agency;
(B)
request the participation of each cooperating agency at the earliest practicable time;
(C)
in preparing an environmental document, give consideration to any analysis or proposal created by a cooperating agency;
(D)
develop a schedule, in consultation with each cooperating agency, the applicant, and such other entities as the lead agency determines appropriate, for completion of any environmental review, permit, or authorization required to carry out the proposed agency action;
(E)
if the lead agency determines that a review, permit, or authorization will not be completed in accordance with the schedule developed under subparagraph (D), notify the agency responsible for issuing such review, permit, or authorization of the discrepancy and request that such agency take such measures as such agency determines appropriate to comply with such schedule; and
(F)
meet with a cooperating agency that requests such a meeting.