33 U.S.C. § 2233 : US Code - Section 2233: Coordination and scheduling of Federal, State, and local actions

Search 33 U.S.C. § 2233 : US Code - Section 2233: Coordination and scheduling of Federal, State, and local actions

(a) Notice of intent
The Secretary, on request from an appropriate non-Federal
interest in the form of a written notice of intent to construct a
navigation project for a harbor or inland harbor under section 2232
of this title or this section, shall initiate procedures to
establish a schedule for consolidating Federal, State, and local
agency environmental assessments, project reviews, and issuance of
all permits for the construction of the project, including
associated access channels, berthing areas, and onshore port-
related facilities, before the initiation of construction. The non-
Federal interest shall submit, with the notice of intent, studies
and documentation, including environmental reviews, that may be
required by Federal law for decisionmaking on the proposed project.
A State shall not be required to participate in carrying out this
section.
(b) Procedural requirements
Within 15 days after receipt of notice under subsection (a) of
this section, the Secretary shall publish such notice in the
Federal Register. The Secretary also shall provide written
notification of the receipt of a notice under subsection (a) of
this section to all State and local agencies that may be required
to issue permits for the construction of the project or related
activities. The Secretary shall solicit the cooperation of those
agencies and request their entry into a memorandum of agreement
described in subsection (c) of this section. Within 30 days after
publication of the notice in the Federal Register, State and local
agencies that intend to enter into the memorandum of agreement
shall notify the Secretary of their intent in writing.
(c) Scheduling agreement
Within 90 days after receipt of notice under subsection (a) of
this section, the Secretary of the Interior, the Secretary of
Commerce, the Administrator of the Environmental Protection Agency,
and any State or local agencies that have notified the Secretary
under subsection (b) of this section shall enter into an agreement
with the Secretary establishing a schedule of decisionmaking for
approval of the project and permits associated with it and with
related activities. Such schedule may not exceed two and one-half
years from the date of the agreement.
(d) Contents of agreement
The agreement entered into under subsection (c) of this section,
to the extent practicable, shall consolidate hearing and comment
periods, procedures for data collection and report preparation, and
the environmental review and permitting processes associated with
the project and related activities. The agreement shall detail, to
the extent possible, the non-Federal interest's responsibilities
for data development and information that may be necessary to
process each permit, including a schedule when the information and
data will be provided to the appropriate Federal, State, or local
agency.
(e) Preliminary decision
The agreement shall include a date by which the Secretary, taking
into consideration the views of all affected Federal agencies,
shall provide to the non-Federal interest in writing a preliminary
determination whether the project and Federal permits associated
with it are reasonably likely to receive approval.
(f) Revision of agreement
The Secretary may revise the agreement once to extend the
schedule to allow the non-Federal interest the minimum amount of
additional time necessary to revise its original application to
meet the objections of a Federal, State, or local agency which is a
party to the agreement.
(g) Progress reports
Six months before the final date of the schedule, the Secretary
shall provide to Congress a written progress report for each
navigation project for a harbor or inland harbor subject to this
section. The Secretary shall transmit the report to the Committee
on Public Works and Transportation of the House of Representatives
and the Committee on Environment and Public Works of the Senate.
The report shall summarize all work completed under the agreement
and shall include a detailed work program that will assure
completion of all remaining work under the agreement.
(h) Final decision
Not later than the final day of the schedule, the Secretary shall
notify the non-Federal interest of the final decision on the
project and whether the permit or permits have been issued.
(i) Report on timesavings methods
Not later than one year after November 17, 1986, the Secretary
shall prepare and transmit to Congress a report estimating the time
required for the issuance of all Federal, State, and local permits
for the construction of navigation projects for harbors or inland
harbors and associated activities. The Secretary shall include in
that report recommendations for further reducing the amount of time
required for the issuance of those permits, including any proposed
changes in existing law.