§ 2233. — Coordination and scheduling of Federal, State, and local actions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2233]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER II--HARBOR DEVELOPMENT
Sec. 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.
(Pub. L. 99-662, title II, Sec. 205, Nov. 17, 1986, 100 Stat. 4101.)
Change of Name
Committee on Public Works and Transportation of House of
Representatives treated as referring to Committee on Transportation and
Infrastructure of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The Congress.
Section Referred to in Other Sections
This section is referred to in sections 2234, 2236 of this title.
