33 U.S.C. § 2348 — Project acceleration

Page 853 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2348 (A) 100 percent for costs not to exceed $100,000; and (B) 50 percent for any costs above $100,000. (2) Construction A small water storage project carried out under this section shall be subject to the cost- sharing requirements applicable to projects under section 2213 of this title, including— (A) municipal and industrial water supply: 100 percent non-Federal; (B) agricultural water supply: 35 percent non-Federal; and (C) recreation, including recreational navi- gation: 50 percent of separable costs and, in the case of any harbor or inland harbor or channel project, 50 percent of joint and sepa- rable costs allocated to recreational naviga- tion. (g) OMRRR responsibility The costs of operation, maintenance, repair, and replacement and rehabilitation for a small water storage project constructed under this section shall be the responsibility of the non- Federal interest. (h) Individual project limit Not more than $65,000,000 in Federal funds may be made available to a small water storage project under this section. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $130,000,000 annually through fiscal year 2030. (Pub. L. 116–260, div. AA, title I, § 155, Dec. 27, 2020, 134 Stat. 2660.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title. § 2348. Project acceleration (a) Definitions In this section: (1) Environmental impact statement The term ‘‘environmental impact state- ment’’ means the detailed statement of envi- ronmental impacts of a project required to be prepared pursuant to the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Environmental review process (A) In general The term ‘‘environmental review process’’ means the process of preparing an environ- mental impact statement, environmental as- sessment, categorical exclusion, or other document under the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project study. (B) Inclusions The term ‘‘environmental review process’’ includes the process for and completion of any environmental permit, approval, review, or study required for a project study under any Federal law other than the National En- vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3) Federal jurisdictional agency The term ‘‘Federal jurisdictional agency’’ means a Federal agency with jurisdiction dele- gated by law, regulation, order, or otherwise over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a project study under applicable Federal laws (including regulations). (4) Federal lead agency The term ‘‘Federal lead agency’’ means the Corps of Engineers. (5) Project The term ‘‘project’’ means a water resources development project to be carried out by the Secretary. (6) Project sponsor The term ‘‘project sponsor’’ has the meaning given the term ‘‘non-Federal interest’’ in sec- tion 1962d–5b(b) of title 42. (7) Project study The term ‘‘project study’’ means a feasi- bility study for a project carried out pursuant to section 2282 of this title. (b) Applicability (1) In general This section— (A) shall apply to each project study that is initiated after June 10, 2014, and for which an environmental impact statement is pre- pared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) may be applied, to the extent deter- mined appropriate by the Secretary, to other project studies initiated after June 10, 2014, and for which an environmental review process document is prepared under that Act. (2) Flexibility Any authority granted under this section may be exercised, and any requirement estab- lished under this section may be satisfied, for the conduct of an environmental review proc- ess for a project study, a class of project stud- ies, or a program of project studies. (3) List of project studies (A) In general The Secretary shall annually prepare, and make publicly available, a separate list of each study that the Secretary has deter- mined— (i) meets the standards described in paragraph (1); and (ii) does not have adequate funding to make substantial progress toward the completion of the project study. Page 854 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2348 (B) Inclusions The Secretary shall include for each project study on the list under subparagraph (A) a description of the estimated amounts necessary to make substantial progress on the project study. (c) Project review process (1) In general The Secretary shall develop and implement a coordinated environmental review process for the development of project studies. (2) Coordinated review The coordinated environmental review proc- ess described in paragraph (1) shall require that any review, analysis, opinion, statement, permit, license, or other approval or decision issued or made by a Federal, State, or local governmental agency or an Indian tribe for a project study described in subsection (b) be conducted, to the maximum extent prac- ticable, concurrently with any other applica- ble governmental agency or Indian tribe. (3) Timing The coordinated environmental review proc- ess under this subsection shall be completed not later than the date on which the Sec- retary, in consultation and concurrence with the agencies identified under subsection (e), establishes with respect to the project study. (d) Lead agencies (1) Joint lead agencies (A) In general At the discretion of the Secretary and sub- ject to the requirements of the National En- vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the requirements of section 1506.8 of title 40, Code of Federal Regulations (or successor regulations), including the con- currence of the proposed joint lead agency, a project sponsor may serve as the joint lead agency. (B) Project sponsor as joint lead agency A project sponsor that is a State or local governmental entity may— (i) with the concurrence of the Sec- retary, serve as a joint lead agency with the Federal lead agency for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (ii) prepare any environmental review process document under the National En- vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) required in support of any ac- tion or approval by the Secretary if— (I) the Secretary provides guidance in the preparation process and independ- ently evaluates that document; (II) the project sponsor complies with all requirements applicable to the Sec- retary under— (aa) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (bb) any regulation implementing that Act; and (cc) any other applicable Federal law; and (III) the Secretary approves and adopts the document before the Secretary takes any subsequent action or makes any ap- proval based on that document, regard- less of whether the action or approval of the Secretary results in Federal funding. (2) Duties The Secretary shall ensure that— (A) the project sponsor complies with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document pre- pared by the project sponsor in accordance with this subsection; and (B) any environmental document prepared by the project sponsor is appropriately sup- plemented to address any changes to the project the Secretary determines are nec- essary. (3) Adoption and use of documents Any environmental document prepared in accordance with this subsection shall be adopted and used by any Federal agency mak- ing any determination related to the project study to the same extent that the Federal agency could adopt or use a document pre- pared by another Federal agency under— (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regula- tions). (4) Roles and responsibility of lead agency With respect to the environmental review process for any project study, the Federal lead agency shall have authority and responsi- bility— (A) to take such actions as are necessary and proper and within the authority of the Federal lead agency to facilitate the expedi- tious resolution of the environmental review process for the project study; and (B) to prepare or ensure that any required environmental impact statement or other environmental review document for a project study required to be completed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is completed in accordance with this section and applicable Federal law. (e) Participating and cooperating agencies (1) Identification of jurisdictional agencies With respect to carrying out the environ- mental review process for a project study, the Secretary shall identify, as early as prac- ticable in the environmental review process, all Federal, State, and local government agen- cies and Indian tribes that may— (A) have jurisdiction over the project; (B) be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or (C) be required to make a determination on issuing a permit, license, or other ap- proval or decision for the project study. Page 855 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2348 (2) State authority If the environmental review process is being implemented by the Secretary for a project study within the boundaries of a State, the State, consistent with State law, may choose to participate in the process and to make sub- ject to the process all State agencies that— (A) have jurisdiction over the project; (B) are required to conduct or issue a re- view, analysis, opinion, or statement for the project study; or (C) are required to make a determination on issuing a permit, license, or other ap- proval or decision for the project study. (3) Invitation (A) In general The Federal lead agency shall invite, as early as practicable in the environmental re- view process, any agency identified under paragraph (1) to become a participating or cooperating agency, as applicable, in the en- vironmental review process for the project study. (B) Deadline An invitation to participate issued under subparagraph (A) shall set a deadline by which a response to the invitation shall be submitted, which may be extended by the Federal lead agency for good cause. (4) Procedures Section 1501.6 of title 40, Code of Federal Regulations (as in effect on June 10, 2014) shall govern the identification and the participation of a cooperating agency. (5) Federal cooperating agencies Any Federal agency that is invited by the Federal lead agency to participate in the envi- ronmental review process for a project study shall be designated as a cooperating agency by the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by the deadline specified in the invi- tation that the invited agency— (A)(i)(I) has no jurisdiction or authority with respect to the project; (II) has no expertise or information rel- evant to the project; or (III) does not have adequate funds to par- ticipate in the project; and (ii) does not intend to submit comments on the project; or (B) does not intend to submit comments on the project. (6) Administration A participating or cooperating agency shall comply with this section and any schedule es- tablished under this section. (7) Effect of designation Designation as a participating or cooper- ating agency under this subsection shall not imply that the participating or cooperating agency— (A) supports a proposed project; or (B) has any jurisdiction over, or special ex- pertise with respect to evaluation of, the project. (8) Concurrent reviews Each participating or cooperating agency shall— (A) carry out the obligations of that agen- cy under other applicable law concurrently and in conjunction with the required envi- ronmental review process, unless doing so would prevent the participating or cooper- ating agency from conducting needed anal- ysis or otherwise carrying out those obliga- tions; and (B) formulate and implement administra- tive, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a time- ly, coordinated, and environmentally re- sponsible manner. (f) Programmatic compliance (1) In general The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that— (A) eliminates repetitive discussions of the same issues; (B) focuses on the actual issues ripe for analyses at each level of review; (C) establishes a formal process for coordi- nating with participating and cooperating agencies, including the creation of a list of all data that is needed to carry out an envi- ronmental review process; and (D) complies with— (i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (ii) all other applicable laws. (2) Requirements In carrying out paragraph (1), the Secretary shall— (A) as the first step in drafting guidance under that paragraph, consult with relevant Federal, State, and local governmental agencies, Indian tribes, and the public on the appropriate use and scope of the pro- grammatic approaches; (B) emphasize the importance of collabora- tion among relevant Federal, State, and local governmental agencies, and Indian tribes in undertaking programmatic reviews, especially with respect to including reviews with a broad geographical scope; (C) ensure that the programmatic re- views— (i) promote transparency, including of the analyses and data used in the environ- mental review process, the treatment of any deferred issues raised by Federal, State, and local governmental agencies, Indian tribes, or the public, and the tem- poral and special scales to be used to ana- lyze those issues; (ii) use accurate and timely information in the environmental review process, in- cluding— (I) criteria for determining the general duration of the usefulness of the review; and (II) the timeline for updating any out- of-date review; (iii) describe— Page 856 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2348 1 So in original. Probably should be ‘‘State’’. (I) the relationship between pro- grammatic analysis and future tiered analysis; and (II) the role of the public in the cre- ation of future tiered analysis; and (iv) are available to other relevant Fed- eral, State, and local governmental agen- cies, Indian tribes, and the public; (D) allow not fewer than 60 days of public notice and comment on any proposed guid- ance; and (E) address any comments received under subparagraph (D). (g) Coordinated reviews (1) Coordination plan (A) Establishment (i) In general The Federal lead agency shall, after con- sultation with and with the concurrence of each participating and cooperating agency and the project sponsor or joint lead agen- cy, as applicable, establish a plan for co- ordinating public and agency participation in, and comment on, the environmental re- view process for a project study or a cat- egory of project studies. (ii) Incorporation The plan established under clause (i) shall be incorporated into the project schedule milestones set under section 2282(g)(2) of this title. (B) Schedule (i) In general As soon as practicable but not later than 45 days after the close of the public com- ment period on a draft environmental im- pact statement, the Federal lead agency, after consultation with and the concur- rence of each participating and cooper- ating agency and the project sponsor or joint lead agency, as applicable, shall es- tablish, as part of the coordination plan established in subparagraph (A), a sched- ule for completion of the environmental review process for the project study. (ii) Factors for consideration In establishing a schedule, the Secretary shall consider factors such as— (I) the responsibilities of participating and cooperating agencies under applica- ble laws; (II) the resources available to the project sponsor, joint lead agency, and other relevant Federal and State agen- cies, as applicable; (III) the overall size and complexity of the project; (IV) the overall schedule for and cost of the project; and (V) the sensitivity of the natural and historical resources that could be af- fected by the project. (iii) Modifications The Secretary may— (I) lengthen a schedule established under clause (i) for good cause; and (II) shorten a schedule only with con- currence of the affected participating and cooperating agencies and the project sponsor or joint lead agency, as applica- ble. (iv) Dissemination A copy of a schedule established under clause (i) shall be— (I) provided to each participating and cooperating agency and the project spon- sor or joint lead agency, as applicable; and (II) made available to the public. (2) Comment deadlines The Federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study: (A) Draft environmental impact statements For comments by Federal and States 1 agencies and the public on a draft environ- mental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of pub- lic availability of the draft environmental impact statement, unless— (i) a different deadline is established by agreement of the Federal lead agency, the project sponsor or joint lead agency, as ap- plicable, and all participating and cooper- ating agencies; or (ii) the deadline is extended by the Fed- eral lead agency for good cause. (B) Other environmental review processes For all other comment periods established by the Federal lead agency for agency or public comments in the environmental re- view process, a period of not more than 30 days after the date on which the materials on which comment is requested are made available, unless— (i) a different deadline is established by agreement of the Federal lead agency, the project sponsor, or joint lead agency, as applicable, and all participating and co- operating agencies; or (ii) the deadline is extended by the Fed- eral lead agency for good cause. (3) Deadlines for decisions under other laws In any case in which a decision under any Federal law relating to a project study, in- cluding the issuance or denial of a permit or license, is required to be made by the date de- scribed in subsection (h)(5)(B)(ii), the Sec- retary shall submit to the Committee on Envi- ronment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives— (A) as soon as practicable after the 180-day period described in subsection (h)(5)(B)(ii), an initial notice of the failure of the Federal agency to make the decision; and (B) every 60 days thereafter until such date as all decisions of the Federal agency relat- ing to the project study have been made by the Federal agency, an additional notice Page 857 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2348 that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice. (4) Involvement of the public Nothing in this subsection reduces any time period provided for public comment in the en- vironmental review process under applicable Federal law (including regulations). (5) Transparency reporting (A) Reporting requirements Not later than 1 year after June 10, 2014, the Secretary shall establish and maintain an electronic database and, in coordination with other Federal and State agencies, issue reporting requirements to make publicly available the status and progress with re- spect to compliance with applicable require- ments of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq.) and any other Federal, State, or local approval or ac- tion required for a project study for which this section is applicable. (B) Project study transparency Consistent with the requirements estab- lished under subparagraph (A), the Secretary shall publish the status and progress of any Federal, State, or local decision, action, or approval required under applicable laws for each project study for which this section is applicable. (h) Issue identification and resolution (1) Cooperation The Federal lead agency, the cooperating agencies, and any participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws. (2) Federal lead agency responsibilities (A) In general The Federal lead agency shall make infor- mation available to the cooperating agencies and participating agencies as early as prac- ticable in the environmental review process regarding the environmental and socio- economic resources located within the project area and the general locations of the alternatives under consideration. (B) Data sources The information under subparagraph (A) may be based on existing data sources, in- cluding geographic information systems mapping. (3) Cooperating and participating agency re- sponsibilities Based on information received from the Fed- eral lead agency, cooperating and partici- pating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project, including any issues that could substantially delay or prevent an agency from granting a permit or other ap- proval that is needed for the project study. (4) Accelerated issue resolution and elevation (A) In general On the request of a participating or co- operating agency or project sponsor, the Secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the project sponsor or joint lead agency, as applicable, to re- solve issues that may— (i) delay completion of the environ- mental review process; or (ii) result in denial of any approval re- quired for the project study under applica- ble laws. (B) Meeting date A meeting requested under this paragraph shall be held not later than 21 days after the date on which the Secretary receives the re- quest for the meeting, unless the Secretary determines that there is good cause to ex- tend that deadline. (C) Notification On receipt of a request for a meeting under this paragraph, the Secretary shall notify all relevant participating and cooperating agencies of the request, including the issue to be resolved and the date for the meeting. (D) Elevation of issue resolution If a resolution cannot be achieved within the 30 day-period beginning on the date of a meeting under this paragraph and a deter- mination is made by the Secretary that all information necessary to resolve the issue has been obtained, the Secretary shall for- ward the dispute to the heads of the relevant agencies for resolution. (E) Convention by Secretary The Secretary may convene an issue reso- lution meeting under this paragraph at any time, at the discretion of the Secretary, re- gardless of whether a meeting is requested under subparagraph (A). (5) Financial penalty provisions (A) In general A Federal jurisdictional agency shall com- plete any required approval or decision for the environmental review process on an ex- peditious basis using the shortest existing applicable process. (B) Failure to decide (i) In general If a Federal jurisdictional agency fails to render a decision required under any Fed- eral law relating to a project study that requires the preparation of an environ- mental impact statement or environ- mental assessment, including the issuance or denial of a permit, license, statement, opinion, or other approval by the date de- scribed in clause (ii), the amount of funds made available to support the office of the head of the Federal jurisdictional agency shall be reduced by an amount of funding equal to the amounts specified in sub- clause (I) or (II) and those funds shall be made available to the division of the Fed- Page 858 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2348 eral jurisdictional agency charged with rendering the decision by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to sub- paragraph (C)— (I) $20,000 for any project study requir- ing the preparation of an environmental assessment or environmental impact statement; or (II) $10,000 for any project study requir- ing any type of review under the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) other than an en- vironmental assessment or environ- mental impact statement. (ii) Description of date The date referred to in clause (i) is the later of— (I) the date that is 180 days after the date on which an application for the per- mit, license, or approval is complete; and (II) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (C) Limitations (i) In general No transfer of funds under subparagraph (B) relating to an individual project study shall exceed, in any fiscal year, an amount equal to 1 percent of the funds made avail- able for the applicable agency office. (ii) Failure to decide The total amount transferred in a fiscal year as a result of a failure by an agency to make a decision by an applicable dead- line shall not exceed an amount equal to 5 percent of the funds made available for the applicable agency office for that fiscal year. (iii) Aggregate Notwithstanding any other provision of law, for each fiscal year, the aggregate amount of financial penalties assessed against each applicable agency office under the Water Resources Reform and De- velopment Act of 2014 and any other Fed- eral law as a result of a failure of the agen- cy to make a decision by an applicable deadline for environmental review, includ- ing the total amount transferred under this paragraph, shall not exceed an amount equal to 9.5 percent of the funds made available for the agency office for that fiscal year. (D) No fault of agency (i) In general A transfer of funds under this paragraph shall not be made if the applicable agency described in subparagraph (A) notifies, with a supporting explanation, the Federal lead agency, cooperating agencies, and project sponsor, as applicable, that— (I) the agency has not received nec- essary information or approvals from an- other entity in a manner that affects the ability of the agency to meet any re- quirements under Federal, State, or local law; (II) significant new information, in- cluding from public comments, or cir- cumstances, including a major modifica- tion to an aspect of the project, requires additional analysis for the agency to make a decision on the project applica- tion; or (III) the agency lacks the financial re- sources to complete the review under the scheduled time frame, including a de- scription of the number of full-time em- ployees required to complete the review, the amount of funding required to com- plete the review, and a justification as to why not enough funding is available to complete the review by the deadline. (ii) Lack of financial resources If the agency provides notice under clause (i)(III), the Inspector General of the agency shall— (I) conduct a financial audit to review the notice; and (II) not later than 90 days after the date on which the review described in subclause (I) is completed, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the notice. (E) Limitation The Federal agency from which funds are transferred pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reim- burse that office for the loss of the funds. (F) Effect of paragraph Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law. (i) Memorandum of agreements for early coordi- nation (1) Sense of Congress It is the sense of Congress that— (A) the Secretary and other Federal agen- cies with relevant jurisdiction in the envi- ronmental review process should cooperate with each other, State agencies, and Indian tribes on environmental review and project delivery activities at the earliest practicable time to avoid delays and duplication of ef- fort later in the process, prevent potential conflicts, and ensure that planning and project development decisions reflect envi- ronmental values; and (B) the cooperation referred to in subpara- graph (A) should include the development of policies and the designation of staff that ad- vise planning agencies and project sponsors of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes. (2) Technical assistance If requested at any time by a State or project sponsor, the Secretary and other Fed- Page 859 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2348 eral agencies with relevant jurisdiction in the environmental review process, shall, to the maximum extent practicable and appropriate, as determined by the agencies, provide tech- nical assistance to the State or project spon- sor in carrying out early coordination activi- ties. (3) Memorandum of agency agreement If requested at any time by a State or project sponsor, the Federal lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental re- view process, may establish memoranda of agreement with the project sponsor, Indian tribe, State and local governments, and other appropriate entities to carry out the early co- ordination activities, including providing technical assistance in identifying potential impacts and mitigation issues in an integrated fashion. (j) Limitations Nothing in this section preempts or interferes with— (1) any obligation to comply with the provi- sions of any Federal law, including— (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) any other Federal environmental law; (2) the reviewability of any final Federal agency action in a court of the United States or in the court of any State; (3) any requirement for seeking, considering, or responding to public comment; or (4) any power, jurisdiction, responsibility, duty, or authority that a Federal, State, or local governmental agency, Indian tribe, or project sponsor has with respect to carrying out a project or any other provision of law ap- plicable to projects. (k) Timing of claims (1) Timing (A) In general Notwithstanding any other provision of law, a claim arising under Federal law seek- ing judicial review of a permit, license, or other approval issued by a Federal agency for a project study shall be barred unless the claim is filed not later than 3 years after publication of a notice in the Federal Reg- ister announcing that the permit, license, or other approval is final pursuant to the law under which the agency action is taken, un- less a shorter time is specified in the Federal law that allows judicial review. (B) Applicability Nothing in this subsection creates a right to judicial review or places any limit on fil- ing a claim that a person has violated the terms of a permit, license, or other approval. (2) New information (A) In general The Secretary shall consider new informa- tion received after the close of a comment period if the information satisfies the re- quirements for a supplemental environ- mental impact statement under title 40, Code of Federal Regulations (including suc- cessor regulations). (B) Separate action The preparation of a supplemental envi- ronmental impact statement or other envi- ronmental document, if required under this section, shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the action shall be 3 years after the date of publication of a notice in the Federal Register announcing the action relating to such supplemental en- vironmental impact statement or other en- vironmental document. (l) Categorical exclusions (1) In general Not later than 180 days after June 10, 2014, the Secretary shall— (A) survey the use by the Corps of Engi- neers of categorical exclusions in projects since 2005; (B) publish a review of the survey that in- cludes a description of— (i) the types of actions that were cat- egorically excluded or could be the basis for developing a new categorical exclusion; and (ii) any requests previously received by the Secretary for new categorical exclu- sions; and (C) solicit requests from other Federal agencies and project sponsors for new cat- egorical exclusions. (2) New categorical exclusions Not later than 1 year after June 10, 2014, if the Secretary has identified a category of ac- tivities that merit establishing a categorical exclusion that did not exist on the day before June 10, 2014, based on the review under para- graph (1), the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or suc- cessor regulation). (m) Review of project acceleration reforms (1) In general The Comptroller General of the United States shall— (A) assess the reforms carried out under this section; and (B) not later than 5 years and not later than 10 years after June 10, 2014, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that de- scribes the results of the assessment. (2) Contents The reports under paragraph (1) shall include an evaluation of impacts of the reforms car- ried out under this section on— (A) project delivery; (B) compliance with environmental laws; and (C) the environmental impact of projects. Page 860 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2348a (n) Performance measurement The Secretary shall establish a program to measure and report on progress made toward improving and expediting the planning and envi- ronmental review process. (o) Implementation guidance The Secretary shall prepare, in consultation with the Council on Environmental Quality and other Federal agencies with jurisdiction over ac- tions or resources that may be impacted by a project, guidance documents that describe the coordinated environmental review processes that the Secretary intends to use to implement this section for the planning of projects, in ac- cordance with the civil works program of the Corps of Engineers and all applicable law. (Pub. L. 110–114, title II, § 2045, Nov. 8, 2007, 121 Stat. 1103; Pub. L. 113–121, title I, § 1005(a)(1), June 10, 2014, 128 Stat. 1199.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsecs. (a)(1), (2), (b)(1), (d)(1), (3)(A), (4)(B), (f)(1)(D)(i), (g)(5)(A), (h)(5)(B), and (j)(1)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classi- fied generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Water Resources Reform and Development Act of 2014, referred to in subsec. (h)(5)(C)(iii), is Pub. L. 113–121, June 10, 2014, 128 Stat. 1193. For complete clas- sification of this Act to the Code, see Short Title of 2014 Amendment note set out under section 2201 of this title and Tables. CODIFICATION Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2014—Pub. L. 113–121 amended section generally. Prior to amendment, section related to project streamlining. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 110–114, set out as a note under section 2201 of this title. § 2348a. NEPA reporting (a) Definitions In this section: (1) Categorical exclusion The term ‘‘categorical exclusion’’ has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a suc- cessor regulation). (2) Environmental assessment The term ‘‘environmental assessment’’ has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a suc- cessor regulation). (3) Environmental impact statement The term ‘‘environmental impact state- ment’’ means a detailed written statement re- quired under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (4) Finding of no significant impact The term ‘‘finding of no significant impact’’ has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (5) Project study The term ‘‘project study’’ means a feasi- bility study for a project carried out pursuant to section 2282 of this title for which a cat- egorical exclusion may apply, or an environ- mental assessment or an environmental im- pact statement is required, pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Reports (1) NEPA data (A) In general The Secretary shall carry out a process to track, and annually submit to the Com- mittee on Environment and Public Works of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Representatives, a report containing the in- formation described in subparagraph (B). (B) Information described The information referred to in subpara- graph (A) is, with respect to the Corps of En- gineers— (i) the number of project studies for which a categorical exclusion was used during the reporting period; (ii) the number of project studies for which the decision to use a categorical ex- clusion, to prepare an environmental as- sessment, or to prepare an environmental impact statement is pending on the date on which the report is submitted; (iii) the number of project studies for which an environmental assessment was issued during the reporting period, broken down by whether a finding of no signifi- cant impact, if applicable, was based on mitigation; (iv) the length of time the Corps of Engi- neers took to complete each environ- mental assessment described in clause (iii); (v) the number of project studies pending on the date on which the report is sub- mitted for which an environmental assess- ment is being drafted; (vi) the number of project studies for which an environmental impact statement was issued during the reporting period; (vii) the length of time the Corps of En- gineers took to complete each environ- mental impact statement described in clause (vi); and (viii) the number of project studies pend- ing on the date on which the report is sub- mitted for which an environmental impact statement is being drafted. (2) Public access to NEPA reports The Secretary shall make each annual re- port required under paragraph (1) publicly