Trump-Era Project Review Process is Part of New Infrastructure Bill

In giving a green light to President Biden’s big $1.2 trillion Infrastructure Investment and Jobs Act last week, Congress also approved a part of the legislation specific to the permitting and environmental review of federal infrastructure projects.

Construction industry leaders for years have complained about the length of time it can take to secure approval of a given project, with reviews required by the National Environmental Protection Act sometimes lasting as long as a decade.

A report released in 2015 revealed that a protracted review process has the potential of adding up to $1 trillion in project costs.

The Trump Administration originally established what is known as the One Federal Decision process, requiring a single federal agency to lead projects though the often-complicated government review process.

That Trump decision set in motion a process resulting in a Memorandum of Understanding between a series of federal agencies on how to implement the One Federal Decision process.

But in one of his first acts as president, Biden signed an executive order repealing the One Federal Decision.

Now, according to the language of the new infrastructure bill, the One Federal Decision process will establish a goal of no more than 2 years for the completion of all project environmental reviews and permitting processes.

An additional One Federal Decision requirement is calling for the production of what is known as a “record of decision” within 90 days of an agency concluding a project review. 

By Garry Boulard

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