H.R. 4503 — ePermit Act

This section states congressional findings on the importance of interagency coordination, digital strategies, data architectures, modern software, business process management systems, and standardized approaches to improve the efficiency, transparency, timeliness, and public accessibility of federal environmental reviews and authorizations.

This section directs the Chair of the Council on Environmental Quality, in consultation with the Federal Permitting Improvement Steering Council, Chief Information Officers Council, Office of Management and Budget, and other stakeholders, to develop, publish, and iteratively update data standards for Federal agencies' collection and curation of authorization data not later than 60 days after enactment of this Act. The standards are to assist environmental reviews and authorizations (i.e., processes under NEPA and related statutes); standardize concepts, formats, and protocols therein; and reduce redundant reviews through shared vocabulary and interoperable software systems supporting vendor neutrality, data interoperability, workflow automation, and automatic data exchange between agencies. The standards must include (1) a standardized taxonomy to identify and track data types, relationships, and values; and (2) comprehensive categories for projects, processes, environmental documents, public comments, geospatial information, public engagement events, case events, and milestones.

This section directs the Chair of the Council on Environmental Quality, in consultation with the Administrator of General Services, the Federal Permitting Improvement Steering Council, the Chief Information Officers Council, the Director of the Office of Management and Budget, and other stakeholders and federal agencies, to design, test, and build prototype tools to assist federal agencies in implementing minimum functional requirements for environmental reviews and authorizations under section 5. The Chair must prioritize tools that (1) support authorization case or project management systems to manage tasks, milestones, and activities and provide data and insights; (2) enable application submission and tracking portals for project sponsors and public comment opportunity tracking portals to increase transparency; (3) facilitate automated applications, environmental reviews, and authorizations; (4) allow data exchange between federal agency systems; and (5) accelerate complex environmental reviews.

This section directs the Chair of the Council on Environmental Quality (CEQ) to publish, not later than 120 days after enactment, guidance for federal agencies responsible for environmental reviews or authorizations (i.e., under NEPA and related statutes) on implementing (1) data standards published under section 3 and (2) specified minimum functional requirements, including automated project screening (which may not be used to unlawfully restrict activities on federal lands), data sharing, public availability of screening criteria, case management tools, GIS analysis tools, document management with metadata preservation, automated comment analysis, administrative record management, and interoperable services. The guidance must include (1) guidelines for cloud-based storage, data sharing protocols, and APIs to support agency modernization and development of an authorization portal and (2) provisions for scalability and adaptability to emerging technologies.

This section directs the head of each federal agency responsible for environmental reviews or authorizations to, not later than 90 days after enactment, (1) compare existing agency systems with the data standards published under section 3 and the minimum functional requirements described in section 5(a)(2) and report findings to the Council on Environmental Quality (CEQ); (2) assess consistency of existing technological capabilities with those standards and requirements; (3) submit to CEQ a report estimating implementation completion dates; and (4) submit to CEQ an implementation plan describing how the agency will meet those standards and requirements and, as necessary, adopt prototype tools developed under section 4. It further requires each agency head to begin implementation not later than 180 days after enactment. This section also requires each agency's Chief Information Officer, in consultation with the Chief Environmental Review and Permitting Officer, to submit semiannual progress reports to CEQ and the Director of the Office of Management and Budget.

This section directs the Chair of the Council on Environmental Quality (CEQ) and heads of federal agencies responsible for environmental reviews or authorizations to develop and maintain, to the maximum extent practicable, a unified interagency data system consisting of interconnected agency systems and shared services. (As background, the National Environmental Policy Act requires federal agencies to include detailed environmental impact statements in recommendations for major federal actions significantly affecting the human environment.) The system must include a common interactive, digital, cloud-based authorization portal hosted by the General Services Administration that (1) tracks real-time data on reviews and authorizations via application programming interfaces; (2) enables project sponsors to submit documentation in one secure portal with real-time collaboration tools, visual features (e.g., interactive maps, 3D renderings), and geospatial data; (3) disseminates information to local communities; (4) automatically documents timelines; and (5) tracks metrics such as efficiency gains, timeline comparisons, public engagement, litigation, agency compliance, and digital workflows. The portal must be accessible to Congress, agencies, and the public (with safeguards for sensitive data); provide public access to non-sensitive information (e.g., timelines, project types, reviews); grant Congress real-time performance data, analytics, and details on agency-specific artificial intelligence systems used in reviews; and comply with the Privacy Act, Federal Risk and Authorization Management Program, and Cybersecurity and Infrastructure Security Agency requirements. (Thus, the portal aims to reduce review delays, enhance transparency, and support congressional oversight of NEPA and related processes.)

This section authorizes the Council on Environmental Quality (CEQ), subject to the availability of appropriations, to enter into contracts and other arrangements with federal agencies, private organizations, and businesses for analyses, services, and products, and to make necessary payments to carry out this Act.

This section clarifies that nothing in this Act authorizes the Council on Environmental Quality or a federal agency to impose additional regulatory processes or requirements beyond those expressly required under the National Environmental Policy Act of 1969 or any other law.

This section provides a savings clause prohibiting restrictions by project type on any data system, technology, or tool developed or incorporated into the unified interagency data system under this Act to the extent it is not limited by project type.

This section defines key terms for purposes of the Act, including: (1) authorization, meaning any license, permit, approval, finding, determination, or other administrative decision issued by an agency, or interagency consultation required or authorized under federal law, to site, construct, reconstruct, or commence operations of a project administered by a Federal agency; (2) authorization data, meaning data relevant to a Federal agency's environmental effect determinations and authorization decisions, including community input or public comment; (3) data architecture, meaning the design and organization of data systems, including frameworks for data storage, processing, and exchange; (4) data standards, meaning specifications for data formats, structures, and definitions to ensure consistency and vendor-neutral interoperability; (5) environmental review, meaning Federal agency procedures for applying a NEPA categorical exclusion or preparing an environmental assessment, environmental impact statement, or other required NEPA document; (6) Federal agency, having the meaning given "agency" in 5 U.S.C. §551; and (7) Federal Permitting Improvement Steering Council, having the meaning given "Council" in 42 U.S.C. §4370m.