†
179
HR 3 EAS
‘‘(i) IN
GENERAL.—The lead agency
shall establish as part of the coordination
plan, after consultation with each cooper-
ating agency for the project and with the
State in which the project is located (and,
if the State is not the project sponsor, with
the project sponsor), a schedule for comple-
tion of the environmental review process for
the project.
‘‘(ii) FACTORS FOR CONSIDERATION.—
In establishing the schedule, the lead agency
shall consider factors such as—
‘‘(I) the responsibilities of cooper-
ating agencies under applicable laws;
‘‘(II) resources available to the co-
operating agencies;
‘‘(III) overall size and complexity
of a project;
‘‘(IV) the overall schedule for and
cost of a project; and
‘‘(V) the sensitivity of the natural
and historic resources that could be af-
fected by the project.
‘‘(D) CONSISTENCY WITH OTHER TIME PE-
RIODS.—A schedule under subparagraph (C)
†
180
HR 3 EAS
shall be consistent with any other relevant time
periods established under Federal law.
‘‘(E) 
MODIFICATION.—The 
lead 
agency
may—
‘‘(i) lengthen a schedule established
under subparagraph (C) for good cause; and
‘‘(ii) shorten a schedule only with the
concurrence of the affected cooperating agen-
cies.
‘‘(F) DISSEMINATION.—A copy of a schedule
under subparagraph (C), and of any modifica-
tions to the schedule, shall be—
‘‘(i) provided to all cooperating agen-
cies and to the State transportation depart-
ment of the State in which the project is lo-
cated (and, if the State is not the project
sponsor, to the project sponsor); and
‘‘(ii) made available to the public.
‘‘(2) COMMENTS AND TIMELINES.—
‘‘(A) IN GENERAL.—A schedule established
under paragraph (1)(C) shall include—
‘‘(i) opportunities for comment, dead-
line for receipt of any comments submitted,
deadline for lead agency response to com-
ments; and
†
181
HR 3 EAS
‘‘(ii) except as otherwise provided
under paragraph (1)—
‘‘(I) an opportunity to comment
by agencies and the public on a draft
or final environmental impact state-
ment for a period of not more than 60
days longer than the minimum period
required under the National Environ-
mental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
‘‘(II) for all other comment peri-
ods established by the lead agency for
agency or public comments in the envi-
ronmental review process, a period of
not more than the longer of—
‘‘(aa) 30 days after the final
day of the minimum period re-
quired under Federal law (includ-
ing regulations), if available; or
‘‘(bb) if a minimum period
is not required under Federal law
(including regulations), 30 days.
‘‘(B) EXTENSION OF COMMENT PERIODS.—
The lead agency may extend a period of com-
†
182
HR 3 EAS
ment established under this paragraph for good
cause.
‘‘(C) LATE
COMMENTS.—A comment con-
cerning a project submitted under this para-
graph after the date of termination of the appli-
cable comment period or extension of a comment
period shall not be eligible for consideration by
the lead agency unless the lead agency or project
sponsor determines there was good cause for the
delay or the lead agency is required to consider
significant new circumstances or information in
accordance with sections 1501.7 and 1502.9 of
title 40, Code of Federal Regulations.
‘‘(D) DEADLINES
FOR
DECISIONS
UNDER
OTHER LAWS.—In any case in which a decision
under any Federal law relating to a project (in-
cluding the issuance or denial of a permit or li-
cense) is required to be made by the later of the
date that is 180 days after the date on which the
Secretary made all final decisions of the lead
agency with respect to the project, or 180 days
after the date on which an application was sub-
mitted for the permit or license, the Secretary
shall submit to the Committee on Environment
and Public Works of the Senate and the Com-
†
183
HR 3 EAS
mittee on Transportation and Infrastructure of
the House of Representatives—
‘‘(i) as soon as practicable after the
180-day period, an initial notice of the fail-
ure of the Federal agency to make the deci-
sion; and
‘‘(ii) every 60 day thereafter until such
date as all decisions of the Federal agency
relating to the project have been made by
the Federal agency, an additional notice
that describes the number of decisions of the
Federal agency that remain outstanding as
of the date of the additional notice.
‘‘(3) INVOLVEMENT OF THE PUBLIC.—Nothing in
this subsection shall reduce any time period provided
for public comment in the environmental review proc-
ess under existing Federal law (including a regula-
tion).
‘‘(f) DEVELOPMENT OF PROJECT PURPOSE AND NEED
STATEMENT.—
‘‘(1) IN GENERAL.—With respect to the environ-
mental review process for a project, the purpose and
need for the project shall be defined in accordance
with this subsection.