S. 3800 — 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 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 (i.e., data related to environmental reviews and project authorizations) not later than 60 days after enactment. The standards are to (1) assist with environmental reviews and authorizations; (2) organize, define, and standardize concepts, formats, and protocols therein; and (3) reduce redundant reviews through shared vocabulary and software systems supporting vendor neutrality, data interoperability, workflow automation, and automatic data exchange between agencies. The standards must include (1) a standardized taxonomy for identifying and tracking data types, relationships, and values; and (2) comprehensive categories for data such as 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 (CEQ), 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 relevant stakeholders and federal agencies, to design, test, and build prototype tools to assist federal agencies in implementing minimum functional requirements under section 5 for environmental reviews and authorizations (i.e., processes under NEPA and related statutes to evaluate and permit infrastructure projects). CEQ shall prioritize tools that (1) support project management systems for tasks, milestones, and activities in such reviews and authorizations to provide agencies with greater data and insight; (2) enable (A) application submission and tracking portals for project sponsors and (B) public comment tracking portals to increase transparency; (3) facilitate automated applications, reviews, and authorizations; (4) allow data exchange between agency systems; and (5) accelerate complex environmental reviews.

This section directs the Chair of the Council on Environmental Quality 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 data standards under section 3 and minimum functional requirements for automated data sharing, project screening, case management, geographic information system tools, document management, comment analysis, administrative record management, and interoperable services. The guidance must include guidelines for cloud-based storage, data sharing protocols, and application programming interfaces to modernize reviews and develop an authorization portal, as well as provisions supporting scalability and adaptability to emerging technologies.

This section directs the head of each federal agency responsible for environmental reviews or authorizations to (1) within 90 days of enactment, compare existing agency systems and technological capabilities to the data standards published under section 3 and minimum functional requirements under section 5(a)(2); submit to the Council on Environmental Quality (CEQ) a report estimating implementation completion dates; and submit to CEQ an implementation plan describing adoption of those standards, requirements, and—where necessary to meet statutory requirements—prototype tools under section 4; and (2) within 180 days of enactment, begin implementing those standards and requirements. It further requires each agency's Chief Information Officer, in consultation with the Chief Environmental Review and Permitting Officer, to submit semiannual progress reports on subsection (a) requirements to CEQ and the Office of Management and Budget Director.

This section directs the Chair of the Council on Environmental Quality 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 of interconnected agency systems and shared services, including a common interactive, digital, cloud-based authorization portal hosted by the Administrator of General Services. The portal must (1) align with Council on Environmental Quality recommendations on digital technologies to reduce NEPA review delays (42 U.S.C. 4332(2)(C)) and minimum functional requirements under section 5(a)(2) of this Act; (2) enable real-time tracking of reviews and authorizations via application programming interfaces, unified document submission and editing, geospatial data, visual tools (e.g., maps, 3D renderings), and metrics on efficiencies, timelines, public engagement, litigation, agency compliance, and digital workflows; (3) disseminate information to local communities; (4) provide public access to non-sensitive data and congressional access to performance analytics, AI systems for reviews, and technical assistance; and (5) comply with privacy, cybersecurity, and interoperability laws. (Thus, the portal supports NEPA's environmental impact statement requirements by streamlining federal reviews, enhancing transparency, and enabling congressional oversight of agency performance.)

This section authorizes the Council on Environmental Quality 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 regulatory processes or requirements beyond those expressly required under the National Environmental Policy Act or any other law.

This section prohibits restricting the use, by project type, of any data system, technology, or tool developed or incorporated into the unified interagency data system under this Act to the extent such system, technology, or tool is not inherently limited by project type.

This section defines terms used in the Act, including "(1) authorization," as any agency license, permit, approval, or interagency consultation required to site, construct, reconstruct, or commence operations of a project; "(2) authorization data," as data relevant to a Federal agency's environmental effect determinations, authorization decisions, and related public comments; "(3) data architecture," as the design and organization of data systems for storage, processing, and exchange; "(4) data standards," as specifications for data formats, structures, and definitions to ensure interoperability; "(5) environmental review," as Federal agency NEPA processes including categorical exclusions, environmental assessments, or environmental impact statements; "(6) Federal agency," cross-referencing the definition of "agency" in 5 U.S.C. 551; and "(7) Federal Permitting Improvement Steering Council," cross-referencing the "Council" defined in section 41001 of the FAST Act (42 U.S.C. 4370m).