In recent years, the time it takes to comply with various environmental laws has been the subject of public scrutiny and debate in Congress. One law that has been the subject of particular scrutiny has been the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. §§ 4321-4347). As a result of the debate between stakeholders regarding NEPA's implementation, numerous administrative and legislative actions have been proposed to expedite compliance with NEPA. The activities associated with such proposals are often collectively referred to as streamlining . However, the term is often used to describe a process or procedures intended to accelerate decision making, especially when the input of multiple federal, state, tribal, or local agencies is required to comply with multiple environmental laws, regulations, or executive orders. The NEPA Process

			Levels of NEPA Analysis

Section 102(2)(C) of NEPA requires that all federal decisions include in "every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on the environmental impact of the proposed action." Specifically, federal agency compliance with NEPA may be required for actions that require a federal permit or other regulatory decision to proceed. Environmental Consequences. Issues in Attributing NEPA Implementation to Project Delays

Debate regarding the need for streamlining measures originates from assertions that NEPA delays federal projects. Also discussed below are selected issues associated with each element. Establishing a Coordinated Compliance Process

Most legislative streamlining provisions direct the lead agency to create some form of coordinated environmental review or compliance process. Specifying Categorically Excluded or Exempt Projects

One method of expediting the NEPA process includes specifically designating certain projects as categorical exclusions (CEs). One streamlining method involves the establishment of a specific statute of limitations on the judicial review of final agency actions related to NEPA (e.g., publication of a ROD). 824 et seq.) to establish, among other provisions, a process to coordinate federal authorizations required to site a transmission or distribution facility and designates the Department of Energy (DOE) as the lead agency responsible for coordinating all applicable federal authorizations or related environmental reviews. With a goal of reducing duplication of agency effort and maximizing the "exchange of relevant information related to the safety and security aspects of LNG facilities and the related marine concerns," the agreement:
designated FERC as the lead agency for environmental reviews under the NEPA and, as such, specified that it would coordinate its reviews with DOT's Research and Special Programs Administration (RSPA) and the Coast Guard; delineated the roles and responsibilities of each agency relative to LNG terminals and LNG tanker operations; stipulated that the agencies identify issues early and resolve them quickly; specified that the agencies share information and cooperate in the inspection and operational review of LNG facilities; and specified that required NEPA reviews will meet the needs of the participating agencies, as well as any other cooperating agencies, so that any necessary permits could be issued concurrently with the FERC authorizations. Streamlining proposals have generated a great deal of controversy among interested stakeholders (agency representatives, industry groups, environmental organizations, and others).
In recent years, the time needed to comply with various environmental laws has been the subject of public scrutiny and debate in Congress. As a result, numerous administrative and legislative efforts (both proposed and enacted) have intended to expedite or streamline the environmental compliance process. Although methods to do so vary, streamlining measures are often proposed or implemented when the participation of multiple local, state, tribal, or federal agencies is necessary to comply with various environmental requirements. Streamlining measures may be applied to various environmental compliance processes, such as federal permitting or approvals.
A major focus of streamlining efforts has been the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. §§ 4321, et seq.), the implementation of which is overseen by the Council on Environmental Quality (CEQ). Among other provisions, NEPA requires federal agencies to analyze environmental impacts and involve the public before proceeding with any major federal action significantly affecting the human environment.
Many agencies have implemented administrative and legislative streamlining actions, including the Department of Agriculture (USDA), Department of Transportation (DOT), Department of the Interior (DOI), Army Corps of Engineers (the Corps), Department of Energy (DOE), and Federal Energy Regulatory Commission (FERC). Streamlining efforts vary from agency to agency but usually involve one or more of the following elements: designating a specific agency as the lead agency responsible for ensuring compliance with applicable requirements, directing the lead agency to develop a coordinated environmental review process, specifying certain lead agency authority (e.g., to establish project deadlines or develop dispute resolution procedures), codifying existing regulations, delegating specific federal authority to states, designating specific activities as being categorically excluded or exempt from certain elements of NEPA, and establishing limits on judicial review.
Streamlining proposals have generated a great deal of controversy. Proponents of such measures argue that streamlining efforts are needed to cut through the "bureaucratic red tape" often associated with federal project delivery. Others counter that such actions are an attempt to weaken environmental protection and lessen public participation in federal decision-making processes.
This report discusses elements of NEPA relevant to streamlining, issues associated with determining project delays attributed to NEPA, common streamlining methods, and recently enacted legislative and administrative streamlining activities.