[Federal Register Volume 77, Number 60 (Wednesday, March 28, 2012)]
[Presidential Documents]
[Pages 18887-18890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7636]



[[Page 18885]]

Vol. 77

Wednesday,

No. 60

March 28, 2012

Part II





The President





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Executive Order 13604--Improving Performance of Federal Permitting and 
Review of Infrastructure Projects



Memorandum of March 22, 2012--Expediting Review of Pipeline Projects 
From Cushing, Oklahoma, to Port Arthur, Texas, and Other Domestic 
Pipeline Infrastructure Projects



Proclamation 8786--Cesar Chavez Day, 2012



Proclamation 8787--Greek Independence Day: A National Day of 
Celebration of Greek and American Democracy, 2012
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  Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 18887]]

                Executive Order 13604 of March 22, 2012

                
Improving Performance of Federal Permitting and 
                Review of Infrastructure Projects

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to significantly reduce the 
                aggregate time required to make decisions in the 
                permitting and review of infrastructure projects by the 
                Federal Government, while improving environmental and 
                community outcomes, it is hereby ordered as follows:

                Section 1. Policy. (a) To maintain our Nation's 
                competitive edge and ensure an economy built to last, 
                the United States must have fast, reliable, resilient, 
                and environmentally sound means of moving people, 
                goods, energy, and information. In a global economy, we 
                will compete for the world's investments based in 
                significant part on the quality of our infrastructure. 
                Investing in the Nation's infrastructure provides 
                immediate and long-term economic benefits for local 
                communities and the Nation as a whole.

                The quality of our Nation's infrastructure depends in 
                critical part on Federal permitting and review 
                processes, including planning, approval, and 
                consultation processes. These processes inform 
                decision-makers and affected communities about the 
                potential benefits and impacts of proposed 
                infrastructure projects, and ensure that projects are 
                designed, built, and maintained in a manner that is 
                consistent with protecting our public health, welfare, 
                safety, national security, and environment. Reviews and 
                approvals of infrastructure projects can be delayed due 
                to many factors beyond the control of the Federal 
                Government, such as poor project design, incomplete 
                applications, uncertain funding, or multiple reviews 
                and approvals by State, local, tribal, or other 
                jurisdictions. Given these factors, it is critical that 
                executive departments and agencies (agencies) take all 
                steps within their authority, consistent with available 
                resources, to execute Federal permitting and review 
                processes with maximum efficiency and effectiveness, 
                ensuring the health, safety, and security of 
                communities and the environment while supporting vital 
                economic growth.

                To achieve that objective, our Federal permitting and 
                review processes must provide a transparent, 
                consistent, and predictable path for both project 
                sponsors and affected communities. They must ensure 
                that agencies set and adhere to timelines and schedules 
                for completion of reviews, set clear permitting 
                performance goals, and track progress against those 
                goals. They must encourage early collaboration among 
                agencies, project sponsors, and affected stakeholders 
                in order to incorporate and address their interests and 
                minimize delays. They must provide for transparency and 
                accountability by utilizing cost-effective information 
                technology to collect and disseminate information about 
                individual projects and agency performance, so that the 
                priorities and concerns of all our citizens are 
                considered. They must rely upon early and active 
                consultation with State, local, and tribal governments 
                to avoid conflicts or duplication of effort, resolve 
                concerns, and allow for concurrent rather than 
                sequential reviews. They must recognize the critical 
                role project sponsors play in assuring the timely and 
                cost-effective review of projects by providing complete 
                information and analysis and by supporting, as 
                appropriate, the costs associated with review. And, 
                they must enable agencies to share priorities, work 
                collaboratively and concurrently to advance reviews and 
                permitting decisions, and facilitate the resolution of 
                disputes at all levels of agency organization.

[[Page 18888]]

                Each of these elements must be incorporated into 
                routine agency practice to provide demonstrable 
                improvements in the performance of Federal 
                infrastructure permitting and review processes, 
                including lower costs, more timely decisions, and a 
                healthier and cleaner environment. Also, these elements 
                must be integrated into project planning processes so 
                that projects are designed appropriately to avoid, to 
                the extent practicable, adverse impacts on public 
                health, security, historic properties and other 
                cultural resources, and the environment, and to 
                minimize or mitigate impacts that may occur. Permitting 
                and review process improvements that have proven 
                effective must be expanded and institutionalized.

                    (b) In advancing this policy, this order expands 
                upon efforts undertaken pursuant to Executive Order 
                13580 of July 12, 2011 (Interagency Working Group on 
                Coordination of Domestic Energy Development and 
                Permitting in Alaska), Executive Order 13563 of January 
                18, 2011 (Improving Regulation and Regulatory Review), 
                and my memorandum of August 31, 2011 (Speeding 
                Infrastructure Development Through More Efficient and 
                Effective Permitting and Environmental Review), as well 
                as other ongoing efforts.

                Sec. 2. Steering Committee on Federal Infrastructure 
                Permitting and Review Process Improvement. There is 
                established a Steering Committee on Federal 
                Infrastructure Permitting and Review Process 
                Improvement (Steering Committee), to be chaired by the 
                Chief Performance Officer (CPO), in consultation with 
                the Chair of the Council on Environmental Quality 
                (CEQ).

                    (a) Infrastructure Projects Covered by this Order. 
                The Steering Committee shall facilitate improvements in 
                Federal permitting and review processes for 
                infrastructure projects in sectors including surface 
                transportation, aviation, ports and waterways, water 
                resource projects, renewable energy generation, 
                electricity transmission, broadband, pipelines, and 
                other such sectors as determined by the Steering 
                Committee.
                    (b) Membership. Each of the following agencies 
                (Member Agencies) shall be represented on the Steering 
                Committee by a Deputy Secretary or equivalent officer 
                of the United States:

(i) the Department of Defense;

(ii) the Department of the Interior;

(iii) the Department of Agriculture;

(iv) the Department of Commerce;

(v) the Department of Transportation;

(vi) the Department of Energy;

(vii) the Department of Homeland Security;

(viii) the Environmental Protection Agency;

(ix) the Advisory Council on Historic Preservation;

(x) the Department of the Army; and

(xi) such other agencies or offices as the CPO may invite to participate.

                    (c) Projects of National or Regional Significance. 
                In furtherance of the policies of this order, the 
                Member Agencies shall coordinate and consult with each 
                other to select, submit to the CPO by April 30, 2012, 
                and periodically update thereafter, a list of 
                infrastructure projects of national or regional 
                significance that will have their status tracked on the 
                online Federal Infrastructure Projects Dashboard 
                (Dashboard) created pursuant to my memorandum of August 
                31, 2011.
                    (d) Responsibilities of the Steering Committee. The 
                Steering Committee shall:

(i) develop a Federal Permitting and Review Performance Plan (Federal 
Plan), as described in section 3(a) of this order;

(ii) implement the Federal Plan and coordinate resolution of disputes among 
Member Agencies relating to implementation of the Federal Plan; and

[[Page 18889]]

(iii) coordinate and consult with other agencies, offices, and interagency 
working groups as necessary, including the President's Management Council 
and Performance Improvement Councils, and, with regard to use and expansion 
of the Dashboard, the Chief Information Officer (CIO) and Chief Technology 
Officer to implement this order.

                    (e) Duties of the CPO. The CPO shall:

(i) in consultation with the Chair of CEQ and Member Agencies, issue 
guidance on the implementation of this order;

(ii) in consultation with Member Agencies, develop and track performance 
metrics for evaluating implementation of the Federal Plan and Agency Plans; 
and

(iii) by January 31, 2013, and annually thereafter, after input from 
interested agencies, evaluate and report to the President on the 
implementation of the Federal Plan and Agency Plans, and publish the report 
on the Dashboard.

                    (f) No Involvement in Particular Permits or 
                Projects. Neither the Steering Committee, nor the CPO, 
                may direct or coordinate agency decisions with respect 
                to any particular permit or project.

                Sec. 3. Plans for Measurable Performance Improvement. 
                (a) By May 31, 2012, the Steering Committee shall, 
                following coordination with Member Agencies and other 
                interested agencies, develop and publish on the 
                Dashboard a Federal Plan to significantly reduce the 
                aggregate time required to make Federal permitting and 
                review decisions on infrastructure projects while 
                improving outcomes for communities and the environment. 
                The Federal Plan shall include, but not be limited to, 
                the following actions to implement the policies 
                outlined in section 1 of this order, and shall reflect 
                the agreement of any Member Agency with respect to 
                requirements in the Federal Plan affecting such agency:

(i) institutionalizing best practices for: enhancing Federal, State, local, 
and tribal government coordination on permitting and review processes (such 
as conducting reviews concurrently rather than sequentially to the extent 
practicable); avoiding duplicative reviews; and engaging with stakeholders 
early in the permitting process;

(ii) developing mechanisms to better communicate priorities and resolve 
disputes among agencies at the national and regional levels;

(iii) institutionalizing use of the Dashboard, working with the CIO to 
enhance the Dashboard, and utilizing other cost-effective information 
technology systems to share environmental and project-related information 
with the public, project sponsors, and permit reviewers; and

(iv) identifying timeframes and Member Agency responsibilities for the 
implementation of each proposed action.

                    (b) Each Member Agency shall:

(i) by June 30, 2012, submit to the CPO an Agency Plan identifying those 
permitting and review processes the Member Agency views as most critical to 
significantly reducing the aggregate time required to make permitting and 
review decisions on infrastructure projects while improving outcomes for 
communities and the environment, and describing specific and measurable 
actions the agency will take to improve these processes, including:

  (1) performance metrics, including timelines or schedules for review;

  (2) technological improvements, such as institutionalized use of the 
Dashboard and other information technology systems;

  (3) other practices, such as pre-application procedures, early 
collaboration with other agencies, project sponsors, and affected 
stakeholders, and coordination with State, local, and tribal governments; 
and

  (4) steps the Member Agency will take to implement the Federal Plan.

[[Page 18890]]

(ii) by July 31, 2012, following coordination with other Member Agencies 
and interested agencies, publish its Agency Plan on the Dashboard; and

(iii) by December 31, 2012, and every 6 months thereafter, report progress 
to the CPO on implementing its Agency Plan, as well as specific 
opportunities for additional improvements to its permitting and review 
procedures.

                Sec. 4. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the 
head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order shall be implemented consistent with 
                Executive Order 13175 of November 6, 2000 (Consultation 
                and Coordination with Indian Tribal Governments) and my 
                memorandum of November 5, 2009 (Tribal Consultation).
                    (d) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    March 22, 2012.

[FR Doc. 2012-7636
Filed 3-27-12; 11:15 am]
Billing code 3295-F2-P