American Oil and Gas Reporter - June 2022 - 88

White House Touts Infrastructure Plan
WASHINGTON-To implement H.R.
3684, a federal infrastructure law passed
late last year, the Biden administration is
releasing a new permitting action plan it
says will strengthen and accelerate federal
permitting and environmental reviews.
According to the administration, the
action plan outlines a strategy to ensure
that federal environmental reviews and
permitting processes are effective, efficient,
transparent, guided by the best available
science and shaped by early and meaningful
public engagement.
Samantha Silverberg, the White House
deputy infrastructure implementation coordinator,
is cited in media accounts describing
the plan as " cutting red tape
without compromising our values, " but
some antidevelopment groups insist to
the media that requirements some see as
red tape are necessary.
In one such example, press accounts
cite Brett Hartl, government affairs director
at the Center for Biological Diversity, as
claiming the administration's plan threatens
to weaken aspects of the National Environmental
Policy Act. " It's infuriating to
see the Biden administration whittle away
one of our most important environmental
laws, " Hartl is quoted by E&E News.
The publication goes on to quote Alex
Herrgott, a key infrastructure staffer during
the Trump administration, as expressing
encouragement. He lauds the Biden administration's
action plan for attempting
" to simplify an overly complicated permitting
process that has for too long
existed in a black box, as hyperbole on
the political flanks makes compromise
nearly impossible. "
U.S. Chamber of Commerce Senior
Vice President of Policy Marty Durbin
praises the initiative but acknowledges
that his group hopes it is not the administration's
final step toward better permitting.
" Focusing on efficient federal permitting
processes is critical for realizing the full
benefits of the bipartisan Infrastructure
Investment and Jobs Act, " he assesses.
" The permitting improvements included
in that law are essential to addressing our
country's supply chain challenges, providing
strategic minerals and materials, and meeting
our energy and climate ambitions, all
of which will bolster our economy.
" More still needs to be done, " Durbin
adds. " Specifically, we urge the Biden
administration to ensure the permitting
action plan recognizes the need to expedite
all types of energy projects that will allow
the United States to strengthen its own
energy security while helping allies and
partners around the world. "
88 THE AMERICAN OIL & GAS REPORTER
Five Elements
The White House says the plan is intended
to improve permitting outcomes,
enhance predictability for project sponsors
and increase accountability for federal
agencies to execute their duties efficiently
and effectively.
The administration says the plan will
ensure timely and effective U.S. infrastructure
upgrades by:
· Accelerating smart permitting
through early cross-agency coordination;
· Establishing clear timeline goals
and tracking key project information;
· Engaging in early and meaningful
outreach with states, tribal nations, territories
and local communities;
· Improving agency responsiveness,
technical assistance and support; and
· Using agencies' resources and environmental
reviews to improve impact.
On the first component, the White House
says, ensuring early coordination and effective
communication across federal agencies
is critical for advancing infrastructure
projects on schedule. Under the plan, the
administration indicates it will leverage the
interagency Federal Permitting Improvement
Steering Council's expanded authorities
under H.R. 3684 to improve coordination
among agencies, help avoid and resolve
potential conflicts and bottlenecks, identify
and share best practices, and accelerate information
sharing and troubleshooting.
Press accounts note that the council
originated with federal highway legislation
Congress approved in 2015. It began work
during the Trump administration, and is
designed to speed decisions-even negative
ones-for covered project proposals.
Other cross coordination the Biden
administration mentions includes:
· Convening sector-specific teams of
experts to facilitate interagency coordination
on siting, permitting, supply chain,
and related issues, and promote efficient
and timely reviews;
· Leveraging the Department of Transportation's
Interagency Infrastructure Permitting
Improvement Center to facilitate
environmental review and permitting for
H.R. 3684-funded transportation projects
by developing guidance, sharing best
practices, coordinating reviews, tracking
project milestones and outcomes and exploring
innovative approaches;
· Developing and preparing new approaches
to permitting and environmental
review that help address common issues,
eliminate duplication, and site and design
projects in a way that reduces resource
conflicts and incorporates a climate-smart
approach; and
· Working to reform outdated permitting
laws and regulations, such as the
Mining Law of 1872, to establish stronger
environmental, sustainability, safety, tribal
consultation and community engagement
standards.
Clear Timetables
The plan's effort to establish clear
timeline goals and track key project information
will help communities and
project proponents by clarifying schedules,
key milestones and deadlines, and public
comment opportunities for major projects'
environmental review and permitting, the
White House says. " Timeline goals and
up-to-date information increase accountability,
encourage efficiency, enable greater
public participation in project decisions,
and build greater trust in government, "
the administration explains.
According to the White House, the
permitting action plan instructs agencies
to create permitting schedules with clear
timeline goals that are both ambitious and
realistic, contain relevant milestones, and
meet all requirements in applicable law to
complete environmental review and permitting
in a sound and timely manner. It
goes on to say that the approach is intended
to increase transparency and accountability
by tracking key project information, including
timetables and milestones, on the
federal permitting dashboard.
The White House says the plan also
calls for identifying a lead federal agency
that will be responsible for working
with other agencies in a project's permitting
processes to develop and implement
coordination plans, interagency
agreements, or other tools designed to
ensure sustained and effective coordination
and accountability.
The aspect of the plan that deals with
outreach to states, tribal nations, territories
and local communities envisions a proactive
engagement strategy to help inform
agencies' decisions by having them consult
with those jurisdictions as early as possible.
The White House says the plan also aims
to review and update policies, procedures
and staffing to ensure that the public, including
disadvantaged communities, has
a meaningful opportunity to participate
in decisions.
According to the administration, the
plan's directive to improve agency responsiveness,
technical assistance and
support for project sponsors, permit applicants,
affected communities and other
stakeholders aims to identify, share or
develop resources, training and tools to
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