[Weekly Compilation of Presidential Documents Volume 38, Number 38 (Monday, September 23, 2002)]
[Pages 1577-1578]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13274--Environmental Stewardship and Transportation
Infrastructure Project Reviews
September 18, 2002
By the authority vested in me as President by the Constitution and
the laws of the United States of America, and to enhance environmental
stewardship and streamline the environmental review and development of
transportation infrastructure projects, it is hereby ordered as follows:
Section 1. Policy. The development and implementation of
transportation infrastructure projects in an efficient and
environmentally sound manner is essential to the well-being of the
American people and a strong American economy. Executive departments and
agencies (agencies) shall take appropriate actions, to the extent
consistent with applicable law and available resources, to promote
environmental stewardship in the Nation's transportation system and
expedite environmental reviews of high-priority transportation
infrastructure projects.
Sec. 2. Actions. (a) For transportation infrastructure projects,
agencies shall, in support of the Department of Transportation,
formulate and implement administrative, policy, and procedural
mechanisms that enable each agency required by law to conduct
environmental reviews (reviews) with respect to such projects to ensure
completion of such reviews in a timely and environmentally responsible
manner.
(b) In furtherance of the policy set forth in section 1 of this
order, the Secretary of Transportation, in coordination with agencies as
appropriate, shall advance environmental stewardship through cooperative
actions with project sponsors to promote protection and enhancement of
the natural and human environment in the planning, development,
operation, and maintenance of transportation facilities and services.
(c) The Secretary of Transportation shall designate for the purposes
of this order a list of high-priority transportation infrastructure
projects that should receive expedited agency reviews and shall amend
such list from time to time as the Secretary deems appropriate. For
projects on the Secretary's list, agencies shall to the maximum extent
practicable expedite their reviews for relevant permits or other
approvals, and take related actions as necessary, consistent with
available resources and applicable laws, including those relating to
safety, public health, and environmental protection.
Sec. 3. Interagency Task Force. (a) Establishment. There is
established, within the Department of Transportation for administrative
purposes, the interagency ``Transportation Infrastructure Streamlining
Task Force'' (Task Force) to: (i) monitor and assist agencies in their
efforts to expedite a review of transportation infrastructure projects
and issue permits or similar actions, as necessary; (ii) review
projects, at least quarterly, on the list of priority projects pursuant
to section 2(c) of this order; and (iii) identify and promote policies
that can effectively streamline the process required to provide
approvals for transportation infrastructure projects, in compliance with
applicable law, while maintaining safety, public health, and
environmental protection.
(b) Membership and Operation. The Task Force shall promote
interagency cooperation and the establishment of appropriate mechanisms
to coordinate Federal, State, tribal, and local agency consultation,
review, approval, and permitting of transportation infrastructure
projects. The Task Force shall consist exclusively of the following
officers of the United States: the Secretary of Agriculture, Secretary
of Commerce, Secretary of Transportation (who shall chair the Task
Force), Secretary of the Interior, Secretary of Defense, Administrator
of the Environmental Protection Agency, Chairman of the Advisory Council
on Historic Preservation,
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and Chairman of the Council on Environmental Quality. A member of the
Task Force may designate, to perform the Task Force functions of the
member, any person who is part of the member's department, agency, or
office and who is either an officer of the United States appointed by
the President with the advice and consent of the Senate or a member of
the Senior Executive Service. The Task Force shall report to the
President through the Chairman of the Council on Environmental Quality.
Sec. 4. Report. At least once each year, the Task Force shall submit
to the President a report that: (a) Describes the results of the
coordinated and expedited reviews on a project-by-project basis, and
identifies those procedures and actions that proved to be most useful
and appropriate in coordinating and expediting the review of the
projects.
(b) Identifies substantive and procedural requirements of Federal,
State, tribal, and local laws, regulations, and Executive Orders that
are inconsistent with, duplicative of, or are structured so as to
restrict their efficient implementation with other applicable
requirements.
(c) Makes recommendations regarding those additional actions that
could be taken to: (i) address the coordination and expediting of
reviews of transportation infrastructure projects by simplifying and
harmonizing applicable substantive and procedural requirements; and (ii)
elevate and resolve controversies among Federal, State, tribal, and
local agencies related to the review or impacts of transportation
infrastructure projects in a timely manner.
(d) Provides any other recommendations that would, in the judgement
of the Task Force, advance the policy set forth in section 1 of this
order.
Sec. 5. Preservation of Authority. Nothing in this order shall be
construed to impair or otherwise affect the functions of the Director of
the Office of Management and Budget relating to budget, administrative,
and legislative proposals.
Sec. 6. Judicial Review. This order is intended only to improve the
internal management of the Federal Government and is not intended to,
and does not, create any right or benefit, substantive or procedural,
enforceable at law or equity by a party against the United States, its
departments, agencies, instrumentalities or entities, its officers or
employees, or any other person.
George W. Bush
The White House,
September 18, 2002.
[Filed with the Office of the Federal Register, 8:45 a.m., September
20, 2002]
Note: This Executive order was published in the Federal Register on
September 23.