[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Presidential Documents]
[Pages 35165-35170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12584]


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                         Presidential Documents 
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  Federal Register / Vol. 85 , No. 111 / Tuesday, June 9, 2020 / 
 The President  

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[[Page 35165]]


                Executive Order No. 13927 of June 4, 2020

                
Accelerating the Nation's Economic Recovery From 
                the COVID-19 Emergency by Expediting Infrastructure 
                Investments and Other Activities

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, I hereby determine and authorize as follows:

                Section 1. Purpose. The 2019 novel coronavirus known as 
                SARS-CoV-2, the virus causing outbreaks of the disease 
                COVID-19, has significantly disrupted the lives of 
                Americans. In Proclamation 9994 of March 13, 2020 
                (Declaring a National Emergency Concerning the Novel 
                Coronavirus Disease (COVID-19) Outbreak), I declared, 
                pursuant to the National Emergencies Act, 50 U.S.C. 
                1601 et seq., that the COVID-19 outbreak in the United 
                States constituted a national emergency that posed a 
                threat to our national security (``the national 
                emergency''). I also determined that same day that the 
                COVID-19 outbreak constituted an emergency of 
                nationwide scope, pursuant to section 501(b) of the 
                Stafford Act (42 U.S.C. 5191(b)).

                Since I declared this national emergency, the American 
                people have united behind a policy of mitigation 
                strategies, such as social distancing, to reduce the 
                spread of COVID-19. The unavoidable result of the 
                COVID-19 outbreak and these necessary mitigation 
                measures has been a dramatic downturn in our economy. 
                National unemployment claims have reached historic 
                levels. In the days between the national emergency 
                declaration and May 23, 2020, more than 41 million 
                Americans filed for unemployment, and the unemployment 
                rate reached 14.7 percent. In light of this and other 
                developments, I have determined that, without 
                intervention, the United States faces the likelihood of 
                a potentially protracted economic recovery with 
                persistent high unemployment.

                From the beginning of my Administration, I have focused 
                on reforming and streamlining an outdated regulatory 
                system that has held back our economy with needless 
                paperwork and costly delays. Antiquated regulations and 
                bureaucratic practices have hindered American 
                infrastructure investments, kept America's building 
                trades workers from working, and prevented our citizens 
                from developing and enjoying the benefits of world-
                class infrastructure.

                The need for continued progress in this streamlining 
                effort is all the more acute now, due to the ongoing 
                economic crisis. Unnecessary regulatory delays will 
                deny our citizens opportunities for jobs and economic 
                security, keeping millions of Americans out of work and 
                hindering our economic recovery from the national 
                emergency.

                In tandem with this regulatory reform, I will continue 
                to use existing legal authorities to respond to the 
                full dimensions of the national emergency and its 
                economic consequences. These authorities include 
                statutes and regulations that allow for expedited 
                government decision making in exigent circumstances.

                Sec. 2. Policy. Agencies, including executive 
                departments, should take all appropriate steps to use 
                their lawful emergency authorities and other 
                authorities to respond to the national emergency and to 
                facilitate the Nation's economic recovery. As set forth 
                in this order, agencies should take all reasonable 
                measures to speed infrastructure investments and to 
                speed other

[[Page 35166]]

                actions in addition to such investments that will 
                strengthen the economy and return Americans to work, 
                while providing appropriate protection for public 
                health and safety, natural resources, and the 
                environment, as required by law. For purposes of this 
                order, the term ``agencies'' has the meaning given that 
                term in section 3502(1), of title 44, United States 
                Code, except for the agencies described in section 
                3502(5) of title 44.

                Sec. 3. Expediting the Delivery of Transportation 
                Infrastructure Projects. (a) To facilitate the Nation's 
                economic recovery, the Secretary of Transportation 
                shall use all relevant emergency and other authorities 
                to expedite work on, and completion of, all authorized 
                and appropriated highway and other infrastructure 
                projects that are within the authority of the Secretary 
                to perform or to advance.

                    (b) No later than 30 days of the date of this 
                order, the Secretary of Transportation shall provide a 
                summary report, listing all projects that have been 
                expedited pursuant to subsection (a) of this section 
                (``expedited transportation projects''), to the 
                Director of the Office of Management and Budget (OMB), 
                the Assistant to the President for Economic Policy, and 
                the Chairman of the Council on Environmental Quality 
                (CEQ). Such report may be combined, as appropriate, 
                with any other reports required by this order.
                    (c) Within 30 days following the submission of the 
                initial summary report described in subsection (b) of 
                this section, the Secretary of Transportation shall 
                provide a status report to the OMB Director, the 
                Assistant to the President for Economic Policy, and the 
                Chairman of CEQ that shall list any additions or other 
                changes to the list described in subsection (b) of this 
                section. Such status reports shall thereafter be 
                provided to these officials at least every 30 days for 
                the duration of the national emergency, and may be 
                combined, as appropriate, with any other reports 
                required by this order.

                Sec. 4. Expediting the Delivery of Civil Works Projects 
                Within the Purview of the Army Corps of Engineers. (a) 
                To facilitate the Nation's economic recovery, the 
                Secretary of the Army, acting through the Assistant 
                Secretary of the Army for Civil Works, shall use all 
                relevant emergency and other authorities to expedite 
                work on, and completion of, all authorized and 
                appropriated civil works projects that are within the 
                authority of the Secretary of the Army to perform or to 
                advance.

                    (b) No later than 30 days of the date of this 
                order, the Secretary of the Army, acting through the 
                Assistant Secretary of the Army for Civil Works, shall 
                provide a summary report, listing all such projects 
                that have been expedited (``expedited Army Corps of 
                Engineers projects''), to the OMB Director, the 
                Assistant to the President for Economic Policy, and the 
                Chairman of CEQ. Such report may be combined, as 
                appropriate, with any other reports required by this 
                order.
                    (c) Within 30 days following the submission of the 
                initial summary report described in subsection (b) of 
                this section, the Secretary of the Army, acting through 
                the Assistant Secretary of the Army for Civil Works, 
                shall provide a status report to the OMB Director, the 
                Assistant to the President for Economic Policy, and the 
                Chairman of CEQ. Each such report shall list the status 
                of all expedited Army Corps of Engineers projects and 
                shall list any additions or other changes to the list 
                described in subsection (b) of this section. Such 
                status reports shall thereafter be provided to these 
                officials at least every 30 days for the duration of 
                the national emergency and may be combined, as 
                appropriate, with any other reports required by this 
                order.

                Sec. 5. Expediting the Delivery of Infrastructure and 
                Other Projects on Federal Lands. (a) As used in this 
                section, the term ``Federal lands'' means any land or 
                interests in land owned by the United States, including 
                leasehold interests held by the United States, except 
                Indian trust land.

                    (b) To facilitate the Nation's economic recovery, 
                the Secretary of Defense, the Secretary of the 
                Interior, and the Secretary of Agriculture shall use

[[Page 35167]]

                all relevant emergency and other authorities to 
                expedite work on, and completion of, all authorized and 
                appropriated infrastructure, energy, environmental, and 
                natural resources projects on Federal lands that are 
                within the authority of each of the Secretaries to 
                perform or to advance.
                    (c) No later than 30 days of the date of this 
                order, the Secretary of Defense, the Secretary of the 
                Interior, and the Secretary of Agriculture shall each 
                provide a summary report, listing all such projects 
                that have been expedited (``expedited Federal lands 
                projects''), to the OMB Director, the Assistant to the 
                President for Economic Policy, and the Chairman of CEQ. 
                Such report may be combined, as appropriate, with any 
                other reports required by this order.
                    (d) Within 30 days following the submission of the 
                initial summary report described in subsection (c) of 
                this section, the Secretary of Defense, the Secretary 
                of the Interior, and the Secretary of Agriculture shall 
                each provide a status report to the OMB Director, the 
                Assistant to the President for Economic Policy, and the 
                Chairman of CEQ. Each such report shall list the status 
                of all expedited Federal lands projects and shall list 
                any additions or other changes to the list described in 
                subsection (c) of this section. Such status reports 
                shall thereafter be provided to these officials at 
                least every 30 days for the duration of the national 
                emergency and may be combined, as appropriate, with any 
                other reports required by this order.

                Sec. 6. National Environmental Policy Act (NEPA) 
                Emergency Regulations and Emergency Procedures. The 
                Council on Environmental Quality has provided 
                appropriate flexibility to agencies for complying with 
                the National Environmental Policy Act (NEPA), 42 U.S.C. 
                4321 et seq., in emergency situations. Such flexibility 
                is expressly authorized in CEQ's regulations, contained 
                in title 40, Code of Federal Regulations, that 
                implement the procedural provisions of NEPA (the ``NEPA 
                regulations''), which were first issued in 1978. These 
                regulations provide that when emergency circumstances 
                make it necessary to take actions with significant 
                environmental impacts without observing the 
                regulations, agencies may consult with CEQ to make 
                alternative arrangements to take such actions. Using 
                this authority, CEQ has appropriately approved 
                alternative arrangements in a wide variety of pressing 
                emergency situations. These emergencies have included 
                not only natural disasters and threats to the national 
                defense, but also threats to human and animal health, 
                energy security, agriculture and farmers, and 
                employment and economic prosperity.

                    (a) No later than 30 days of the date of this 
                order, the heads of all agencies:

(i) shall identify planned or potential actions to facilitate the Nation's 
economic recovery that:

  (A) may be subject to emergency treatment as alternative arrangements 
pursuant to CEQ's NEPA regulations and agencies' own NEPA procedures;

  (B) may be subject to statutory exemptions from NEPA;

  (C) may be subject to the categorical exclusions that agencies have 
included in their NEPA procedures pursuant to the NEPA regulations;

  (D) may be covered by already completed NEPA analyses that obviate the 
need for new analyses; or

  (E) may otherwise use concise and focused NEPA environmental analyses; 
and

(ii) shall provide a summary report, listing such actions, to the OMB 
Director, the Assistant to the President for Economic Policy, and the 
Chairman of CEQ. Such report may be combined, as appropriate, with any 
other reports required by this order.

                    (b) To facilitate the Nation's economic recovery, 
                the heads of all agencies are directed to use, to the 
                fullest extent possible and consistent with applicable 
                law, emergency procedures, statutory exemptions, 
                categorical exclusions, analyses that have already been 
                completed, and concise and focused analyses,

[[Page 35168]]

                consistent with NEPA, CEQ's NEPA regulations, and 
                agencies' NEPA procedures.
                    (c) Within 30 days following the submission of the 
                initial summary report described in subsection (a)(ii) 
                of this section, each agency shall provide a status 
                report to the OMB Director, the Assistant to the 
                President for Economic Policy, and the Chairman of CEQ. 
                Each such report shall list actions taken within the 
                categories described in subsection (a)(i) of this 
                section, shall list the status of any previously 
                reported planned or potential actions, and shall list 
                any new planned or potential actions within these 
                categories. Such status reports shall thereafter be 
                provided to these officials at least every 30 days for 
                the duration of the national emergency and may be 
                combined, as appropriate, with any other reports 
                required by this order.
                    (d) The Chairman of CEQ shall be available to 
                consult promptly with agencies and to take other prompt 
                and appropriate action concerning the application of 
                CEQ's NEPA emergency regulations.

                Sec. 7. Endangered Species Act (ESA) Emergency 
                Consultation Regulations. (a) No later than 30 days of 
                the date of this order, the heads of all agencies:

(i) shall identify planned or potential actions to facilitate the Nation's 
economic recovery that may be subject to the regulation on consultations in 
emergencies, see 50 C.F.R. 402.05, promulgated by the Secretary of the 
Interior and the Secretary of Commerce pursuant to the Endangered Species 
Act (ESA), 16 U.S.C. 1531 et seq.; and

(ii) shall provide a summary report, listing such actions, to the Secretary 
of the Interior, the Secretary of Commerce, the OMB Director, the Assistant 
to the President for Economic Policy, and the Chairman of CEQ. (The 
Secretary of the Interior and the Secretary of Commerce shall provide such 
summary reports, listing such actions on behalf of their respective 
agencies, to each other and for internal use throughout their respective 
agencies, as well as to the OMB Director, the Assistant to the President 
for Economic Policy, and the Chairman of CEQ.) Such report may be combined, 
as appropriate, with any other reports required by this order.

                    (b) The heads of all agencies are directed to use, 
                to the fullest extent possible and consistent with 
                applicable law, the ESA regulation on consultations in 
                emergencies, to facilitate the Nation's economic 
                recovery.
                    (c) Within 30 days following the submission of the 
                initial summary report described in subsection (a)(ii) 
                of this section, the head of each agency shall provide 
                a status report to the Secretary of the Interior, the 
                Secretary of Commerce, the OMB Director, the Assistant 
                to the President for Economic Policy, and the Chairman 
                of CEQ. (The Secretary of the Interior and the 
                Secretary of Commerce shall provide such status 
                reports, listing such actions on behalf of their 
                respective agencies, to each other and for internal use 
                throughout their respective agencies, as well as to the 
                OMB Director, the Assistant to the President for 
                Economic Policy, and the Chairman of CEQ.) Each such 
                report shall list actions taken within the categories 
                described in subsection (a)(i) of this section, shall 
                list the status of any previously reported planned or 
                potential actions, and shall list any new planned or 
                potential actions within these categories. Such status 
                reports shall thereafter be provided to these officials 
                at least every 30 days for the duration of the national 
                emergency and may be combined, as appropriate, with any 
                other reports required by this order.
                    (d) The Secretary of the Interior shall ensure that 
                the Director of the Fish and Wildlife Service, or the 
                Director's authorized representative, shall be 
                available to consult promptly with agencies and to take 
                other prompt and appropriate action concerning the 
                application of the ESA's emergency regulations. The 
                Secretary of Commerce shall ensure that the Assistant 
                Administrator for Fisheries for the National Marine 
                Fisheries Service, or the Assistant Administrator's 
                authorized representative, shall be available for such 
                consultation and to take such other action.

[[Page 35169]]

                Sec. 8. Emergency Regulations and Nationwide Permits 
                Under the Clean Water Act (CWA) and Other Statutes 
                Administered by the Army Corps of Engineers. (a) No 
                later than 30 days of the date of this order, the heads 
                of all agencies, including the Secretary of the Army, 
                acting through the Assistant Secretary of the Army for 
                Civil Works:

(i) shall identify planned or potential actions to facilitate the Nation's 
economic recovery that may be subject to emergency treatment pursuant to 
the regulations and nationwide permits promulgated by the Army Corps of 
Engineers, or jointly by the Corps and the Environmental Protection Agency 
(EPA), pursuant to section 404 of the Clean Water Act, 33 U.S.C. 1344, 
section 10 of the Rivers and Harbors Act of March 3, 1899, 33 U.S.C. 403, 
and section 103 of the Marine Protection Research and Sanctuaries Act of 
1972, 33 U.S.C. 1413 (collectively, the ``emergency Army Corps permitting 
provisions''); and

(ii) shall provide a summary report, listing such actions, to the Secretary 
of the Army, acting through the Assistant Secretary of the Army for Civil 
Works; the OMB Director; the Assistant to the President for Economic 
Policy; and the Chairman of CEQ. Such report may be combined, as 
appropriate, with any other reports required by this order.

                    (b) The heads of all agencies are directed to use, 
                to the fullest extent possible and consistent with 
                applicable law, the emergency Army Corps permitting 
                provisions, to facilitate the Nation's economic 
                recovery.
                    (c) Within 30 days following the submission of the 
                initial summary report described in subsection (a)(ii) 
                of this section, each agency shall provide a status 
                report to the Secretary of the Army, acting through the 
                Assistant Secretary of the Army for Civil Works; the 
                OMB Director; the Assistant to the President for 
                Economic Policy; and the Chairman of CEQ. Each such 
                report shall list actions taken within subsection 
                (a)(i) of this section, shall list the status of any 
                previously reported planned or potential actions, and 
                shall list any new planned or potential actions that 
                fall within subsection (a)(i). Such status reports 
                shall thereafter be provided to these officials at 
                least every 30 days for the duration of the national 
                emergency and may be combined, as appropriate, with any 
                other reports required by this order.
                    (d) The Secretary of the Army, acting through the 
                Assistant Secretary of the Army for Civil Works, shall 
                be available to consult promptly with agencies and to 
                take other prompt and appropriate action concerning the 
                application of the emergency Army Corps permitting 
                provisions. The Administrator of the EPA shall provide 
                prompt cooperation to the Secretary of the Army and to 
                agencies in connection with the discharge of the 
                responsibilities described in this section.

                Sec. 9. Other Authorities Providing for Emergency or 
                Expedited Treatment of Infrastructure Improvements and 
                Other Activities. (a) No later than 30 days of the date 
                of this order, all heads of agencies:

(i) shall review all statutes, regulations, and guidance documents that may 
provide for emergency or expedited treatment (including waivers, 
exemptions, or other streamlining) with regard to agency actions pertinent 
to infrastructure, energy, environmental, or natural resources matters;

(ii) shall identify planned or potential actions, including actions to 
facilitate the Nation's economic recovery, that may be subject to emergency 
or expedited treatment (including waivers, exemptions, or other 
streamlining) pursuant to those statutes and regulations; and

(iii) shall provide a summary report, listing such actions, to the OMB 
Director, the Assistant to the President for Economic Policy, and the 
Chairman of CEQ. Such report may be combined, as appropriate, with any 
other reports required by this order.

                    (b) Consistent with applicable law, agencies shall 
                use such statutes and regulations to the fullest extent 
                permitted to facilitate the Nation's economic recovery.

[[Page 35170]]

                    (c) Within 30 days following the submission of the 
                initial summary report described in subsection (a)(iii) 
                of this section, each agency shall provide a status 
                report to the OMB Director, the Assistant to the 
                President for Economic Policy, and the Chairman of CEQ. 
                Each such report shall list actions taken within 
                subsection (a)(ii) of this section, shall list the 
                status of any previously reported planned or potential 
                actions, and shall list any new planned or potential 
                actions that fall within subsection (a)(ii). Such 
                status reports shall thereafter be provided to these 
                officials at least every 30 days for the duration of 
                the national emergency and may be combined, as 
                appropriate, with any other reports required by this 
                order.

                Sec. 10. 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 or agency, or 
the head thereof; or

(ii) the functions of the OMB Director 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 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,

                    June 4, 2020.

[FR Doc. 2020-12584
Filed 6-8-20; 8:45 am]
Billing code 3295-F0-P