Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects
Signed January 24, 2017·Donald Trump·82 FR 8657
Source
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Plain-language summary
Directs the Chairman of the White House Council on Environmental Quality to designate certain infrastructure projects, such as those improving the electric grid, telecommunications, ports, airports, pipelines, bridges, and highways, as 'high priority' upon request from a state governor, an agency head, or on the Chairman's own initiative, with a decision required within 30 days of any request. For projects so designated, the Chairman must work with the relevant agency to set expedited procedures and deadlines for completing required environmental reviews and approvals, and agencies must prioritize meeting those deadlines. If a deadline is missed, the responsible agency head must give the Chairman a written explanation of the delay and describe steps being taken to finish the review as quickly as possible. The order states it does not alter existing legal authorities, budget functions of the Office of Management and Budget, or protections for intelligence and law enforcement sources, and creates no enforceable legal rights.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
See: EO 13807, August 15, 2017; Revoked by: EO 13990, January 20, 2021
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The order, in full
Executive Order 13766 of January 24, 2017
Expediting Environmental Reviews and Approvals
for High Priority Infrastructure Projects
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, I hereby direct as follows:
Section 1. Purpose. Infrastructure investment
strengthens our economic platform, makes America more
competitive, creates millions of jobs, increases wages
for American workers, and reduces the costs of goods
and services for American families and consumers. Too
often, infrastructure projects in the United States
have been routinely and excessively delayed by agency
processes and procedures. These delays have increased
project costs and blocked the American people from the
full benefits of increased infrastructure investments,
which are important to allowing Americans to compete
and win on the world economic stage. Federal
infrastructure decisions should be accomplished with
maximum efficiency and effectiveness, while also
respecting property rights and protecting public safety
and the environment. To that end, it is the policy of
the executive branch to streamline and expedite, in a
manner consistent with law, environmental reviews and
approvals for all infrastructure projects, especially
projects that are a high priority for the Nation, such
as improving the U.S. electric grid and
telecommunications systems and repairing and upgrading
critical port facilities, airports, pipelines, bridges,
and highways.
Sec. 2. Identification of High Priority Infrastructure
Projects. With respect to infrastructure projects for
which Federal reviews and approvals are required, upon
request by the Governor of a State, or the head of any
executive department or agency (agency), or on his or
her own initiative, the Chairman of the White House
Council on Environmental Quality (CEQ) shall, within 30
days after a request is made, decide whether an
infrastructure project qualifies as a “high priority”
infrastructure project. This determination shall be
made after consideration of the project's importance to
the general welfare, value to the Nation, environmental
benefits, and such other factors as the Chairman deems
relevant.
Sec. 3. Deadlines. With respect to any project
designated as a high priority under section 2 of this
order, the Chairman of the CEQ shall coordinate with
the head of the relevant agency to establish, in a
manner consistent with law, expedited procedures and
deadlines for completion of environmental reviews and
approvals for such projects. All agencies shall give
highest priority to completing such reviews and
approvals by the established deadlines using all
necessary and appropriate means. With respect to
deadlines established consistent with this section that
are not met, the head of the relevant agency shall
provide a written explanation to the Chairman
explaining the causes for the delay and providing
concrete actions taken by the agency to complete such
reviews and approvals as expeditiously as possible.
Sec. 4. General Provisions. (a) This order shall be
implemented consistent with applicable law and subject
to the availability of appropriations.
(b) 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 Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) All actions taken pursuant to this order shall
be consistent with requirements and authorities to
protect intelligence and law enforcement sources and
methods. Nothing in this order shall be interpreted to
supersede measures established under authority of law
to protect the security and integrity of specific
activities and associations that are in direct support
of intelligence and law enforcement operations.
(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,
January 24, 2017.Reproduced from the Federal Register plain-text record, signed January 24, 2017. Typesetting artifacts are removed; no wording is changed.