ExecutiveOrdersEO
EO 13604Executive OrderObama · D

Executive Order 13604

Improving Performance of Federal Permitting and Review of Infrastructure Projects

This executive order creates a Steering Committee to streamline federal permitting and review processes for infrastructure projects, requiring agencies to develop performance plans with measurable timelines and track progress on a public dashboard. It mandates coordination across federal agencies, state/local/tribal governments, and stakeholders to reduce decision times while maintaining environmental and community protections.

Federal Register Open PDF 77 FR 18887

Impact dates

  1. Annual evaluation reports to President and published on Dashboard thereafter

  2. Bi-annual progress reports to CPO every 6 months thereafter

  3. CPO submits first annual evaluation report to President on Federal Plan and Agency Plans implementation

  4. First bi-annual progress reports due to CPO on Agency Plan implementation

  5. Member Agencies publish Agency Plans on Dashboard

  6. Member Agencies submit Agency Plans to CPO

  7. Steering Committee develops and publishes Federal Permitting and Review Performance Plan on Dashboard

  8. Member Agencies submit list of infrastructure projects of national or regional significance to CPO

Key directives

  • Establish Steering Committee on Federal Infrastructure Permitting and Review Process Improvement chaired by CPO
  • Member Agencies submit project list of national/regional significance by April 30, 2012
  • Develop Federal Permitting and Review Performance Plan by May 31, 2012
  • Member Agencies submit Agency Plans by June 30, 2012
  • Member Agencies publish Agency Plans on Dashboard by July 31, 2012
  • Member Agencies report progress every 6 months starting December 31, 2012
  • CPO evaluate and report to President annually starting January 31, 2013
  • CPO issue implementation guidance in consultation with CEQ Chair and Member Agencies
  • Develop and track performance metrics for Federal Plan and Agency Plans
  • Institutionalize concurrent rather than sequential reviews where practicable
  • Enhance Federal Infrastructure Projects Dashboard with CIO/CTO
  • Prohibit Steering Committee and CPO from directing particular permit or project decisions

Who is ordered

Timeline

Immediate

  • Steering Committee established chaired by Chief Performance Officer
  • Member Agencies designated (Deputy Secretary level representation required)

Near term (90d)

  • Project list of national/regional significance due April 30, 2012
  • Federal Permitting and Review Performance Plan due May 31, 2012
  • Agency Plans due June 30, 2012
  • Agency Plans published on Dashboard by July 31, 2012

Long term

  • First progress reports due December 31, 2012
  • Bi-annual progress reporting continues every 6 months thereafter
  • Annual evaluation reports to President due January 31, 2013 and annually thereafter
  • Ongoing institutionalization of best practices and dashboard use

Risks & tensions

  • Order explicitly prohibits Steering Committee/CPO from directing particular permit decisions, limiting direct enforcement power over agencies
  • Implementation 'subject to availability of appropriations' may constrain resource-dependent reforms
  • 'Consistent with available resources' qualifier throughout may weaken mandates
  • Concurrent review requirement qualified by 'to the extent practicable,' creating flexibility that may reduce uniformity
  • Vague: 'significantly reduce aggregate time' lacks quantified target; success metrics not predetermined in order
  • Tension between speed and environmental/community outcomes may favor efficiency in practice
  • Dashboard dependency on prior August 2011 memorandum creates implementation uncertainty if that infrastructure was not operational
Executive Order 13604: Improving Performance of Federal Permitting and Review of Infrastructure Projects · Executive Orders