Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects

This executive order overhauls federal environmental review and permitting for infrastructure projects by establishing a "One Federal Decision" framework, setting a two-year goal for completing reviews of major projects, creating performance accountability scorecards tracked by OMB, and revoking the previous administration's Federal Flood Risk Management Standard. It mandates interagency coordination through lead agencies, quarterly permitting timetables, and automatic escalation of missed milestones to senior officials, with potential budgetary penalties for poor performance.

Federal Register Open PDF 82 FR 40463

Impact dates

Date TBD
Dashboard milestone dates updated monthly
Date TBD
OMB scorecards produced at least once per quarter
Date TBD
Permitting timetables reviewed and updated at least quarterly
Feb 11, 2018
OMB establishes CAP Goal on Infrastructure Permitting Modernization
Feb 11, 2018
OMB issues guidance for performance accountability system (within 180 days of CAP Goal establishment)
Nov 13, 2017
All federal authorization decisions for major infrastructure projects completed within 90 days of ROD issuance
Sep 14, 2017
CEQ initial list of actions to enhance and modernize environmental review process

Key directives

Establish CAP Goal on Infrastructure Permitting Modernization within 180 days
Reduce processing time for major infrastructure projects to average of approximately 2 years
Implement One Federal Decision with single Record of Decision for NEPA reviews
Complete all federal authorization decisions within 90 days of ROD issuance
Develop permitting timetables reviewed quarterly with automatic escalation of missed milestones
Issue quarterly OMB scorecards tracking agency performance
Impose budgetary penalties for significant failures to meet milestones per 23 U.S.C. 139(h)(7) and 33 U.S.C. 2348(h)(5)
Track projects on FPISC Dashboard with monthly milestone updates
CEQ to develop initial modernization action list within 30 days
Revoke Executive Order 13690
Interior to provide reorganization strategy for multi-agency effort

Timeline

Immediate

Revocation of Executive Order 13690 (Federal Flood Risk Management Standard)
CEQ to develop initial list of modernization actions within 30 days

Near term (90d)

OMB to establish CAP Goal on Infrastructure Permitting Modernization within 180 days
CEQ and OMB to develop One Federal Decision framework
Agencies to modify Strategic Plans and Annual Performance Plans
Dashboard milestone updates begin monthly tracking

Long term

Two-year target for environmental reviews and authorizations of major infrastructure projects
Potential multi-agency reorganization under Executive Order 13781
Ongoing quarterly scorecards and performance accountability system
Annual best practices implementation by agencies

Risks & tensions

Statutory penalties at 23 U.S.C. 139(h)(7) and 33 U.S.C. 2348(h)(5) may not apply to all agencies, limiting OMB's enforcement leverage
Two-year goal is aspirational ('goal,' 'should be reduced to not more than an average of approximately 2 years') rather than a hard mandate
90-day authorization deadline has multiple escape clauses including lead agency determination that extension would 'better promote completion'
Automatic escalation of missed milestones may create bureaucratic overhead without ensuring actual acceleration
Potential conflict between streamlining goals and environmental safeguards in section 2(a)-(c)
Vague: 'approximately 2 years' and 'such longer period as determined by the Director of OMB' create uncertainty in accountability
Revocation of flood risk standard (EO 13690) may increase climate vulnerability but is procedurally straightforward