Accelerating the Nation's Economic Recovery From the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities
| Published date | 09 June 2020 |
| Citation | 85 FR 35165 |
| Record Number | 2020-12584 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 85 Issue 111 (Tuesday, June 9, 2020)
[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Presidential Documents]
[Pages 35165-35170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12584]
Presidential Documents
Federal Register / Vol. 85 , No. 111 / Tuesday, June 9, 2020 /
The President
___________________________________________________________________
[[Page 35165]]
Executive Order No. 13927 of June 4, 2020
Accelerating the Nation's Economic Recovery From
the COVID-19 Emergency by Expediting Infrastructure
Investments and Other Activities
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, I hereby determine and authorize as follows:
Section 1. Purpose. The 2019 novel coronavirus known as
SARS-CoV-2, the virus causing outbreaks of the disease
COVID-19, has significantly disrupted the lives of
Americans. In Proclamation 9994 of March 13, 2020
(Declaring a National Emergency Concerning the Novel
Coronavirus Disease (COVID-19) Outbreak), I declared,
pursuant to the National Emergencies Act, 50 U.S.C.
1601 et seq., that the COVID-19 outbreak in the United
States constituted a national emergency that posed a
threat to our national security (``the national
emergency''). I also determined that same day that the
COVID-19 outbreak constituted an emergency of
nationwide scope, pursuant to section 501(b) of the
Stafford Act (42 U.S.C. 5191(b)).
Since I declared this national emergency, the American
people have united behind a policy of mitigation
strategies, such as social distancing, to reduce the
spread of COVID-19. The unavoidable result of the
COVID-19 outbreak and these necessary mitigation
measures has been a dramatic downturn in our economy.
National unemployment claims have reached historic
levels. In the days between the national emergency
declaration and May 23, 2020, more than 41 million
Americans filed for unemployment, and the unemployment
rate reached 14.7 percent. In light of this and other
developments, I have determined that, without
intervention, the United States faces the likelihood of
a potentially protracted economic recovery with
persistent high unemployment.
From the beginning of my Administration, I have focused
on reforming and streamlining an outdated regulatory
system that has held back our economy with needless
paperwork and costly delays. Antiquated regulations and
bureaucratic practices have hindered American
infrastructure investments, kept America's building
trades workers from working, and prevented our citizens
from developing and enjoying the benefits of world-
class infrastructure.
The need for continued progress in this streamlining
effort is all the more acute now, due to the ongoing
economic crisis. Unnecessary regulatory delays will
deny our citizens opportunities for jobs and economic
security, keeping millions of Americans out of work and
hindering our economic recovery from the national
emergency.
In tandem with this regulatory reform, I will continue
to use existing legal authorities to respond to the
full dimensions of the national emergency and its
economic consequences. These authorities include
statutes and regulations that allow for expedited
government decision making in exigent circumstances.
Sec. 2. Policy. Agencies, including executive
departments, should take all appropriate steps to use
their lawful emergency authorities and other
authorities to respond to the national emergency and to
facilitate the Nation's economic recovery. As set forth
in this order, agencies should take all reasonable
measures to speed infrastructure investments and to
speed other
[[Page 35166]]
actions in addition to such investments that will
strengthen the economy and return Americans to work,
while providing appropriate protection for public
health and safety, natural resources, and the
environment, as required by law. For purposes of this
order, the term ``agencies'' has the meaning given that
term in section 3502(1), of title 44, United States
Code, except for the agencies described in section
3502(5) of title 44.
Sec. 3. Expediting the Delivery of Transportation
Infrastructure Projects. (a) To facilitate the Nation's
economic recovery, the Secretary of Transportation
shall use all relevant emergency and other authorities
to expedite work on, and completion of, all authorized
and appropriated highway and other infrastructure
projects that are within the authority of the Secretary
to perform or to advance.
(b) No later than 30 days of the date of this
order, the Secretary of Transportation shall provide a
summary report, listing all projects that have been
expedited pursuant to subsection (a) of this section
(``expedited transportation projects''), to the
Director of the Office of Management and Budget (OMB),
the Assistant to the President for Economic Policy, and
the Chairman of the Council on Environmental Quality
(CEQ). Such report may be combined, as appropriate,
with any other reports required by this order.
(c) Within 30 days following the submission of the
initial summary report described in subsection (b) of
this section, the Secretary of Transportation shall
provide a status report to the OMB Director, the
Assistant to the President for Economic Policy, and the
Chairman of CEQ that shall list any additions or other
changes to the list described in subsection (b) of this
section. Such status reports shall thereafter be
provided to these officials at least every 30 days for
the duration of the national emergency, and may be
combined, as appropriate, with any other reports
required by this order.
Sec. 4. Expediting the Delivery of Civil Works Projects
Within the Purview of the Army Corps of Engineers. (a)
To facilitate the Nation's economic recovery, the
Secretary of the Army, acting through the Assistant
Secretary of the Army for Civil Works, shall use all
relevant emergency and other authorities to expedite
work on, and completion of, all authorized and
appropriated civil works projects that are within the
authority of the Secretary of the Army to perform or to
advance.
(b) No later than 30 days of the date of this
order, the Secretary of the Army, acting through the
Assistant Secretary of the Army for Civil Works, shall
provide a summary report, listing all such projects
that have been expedited (``expedited Army Corps of
Engineers projects''), to the OMB Director, the
Assistant to the President for Economic Policy, and the
Chairman of CEQ. Such report may be combined, as
appropriate, with any other reports required by this
order.
(c) Within 30 days following the submission of the
initial summary report described in subsection (b) of
this section, the Secretary of the Army, acting through
the Assistant Secretary of the Army for Civil Works,
shall provide a status report to the OMB Director, the
Assistant to the President for Economic Policy, and the
Chairman of CEQ. Each such report shall list the status
of all expedited Army Corps of Engineers projects and
shall list any additions or other changes to the list
described in subsection (b) of this section. Such
status reports shall thereafter be provided to these
officials at least every 30 days for the duration of
the national emergency and may be combined, as
appropriate, with any other reports required by this
order.
Sec. 5. Expediting the Delivery of Infrastructure and
Other Projects on Federal Lands. (a) As used in this
section, the term ``Federal lands'' means any land or
interests in land owned by the United States, including
leasehold interests held by the United States, except
Indian trust land.
(b) To facilitate the Nation's economic recovery,
the Secretary of Defense, the Secretary of the
Interior, and the Secretary of Agriculture shall use
[[Page 35167]]
all relevant emergency and other authorities to
expedite work on, and completion of, all authorized and
appropriated infrastructure, energy, environmental, and
natural resources projects on Federal lands that are
within the authority of each of the Secretaries to
perform or to advance.
(c) No later than 30 days of the date of this
order, the Secretary of Defense, the Secretary of the
Interior, and the Secretary of Agriculture shall each
provide a summary report, listing all such projects
that have been expedited (``expedited Federal lands
projects''), to the OMB Director, the Assistant to the
President for Economic Policy, and the Chairman of CEQ.
Such report may be combined, as appropriate, with any
other reports required by this order.
(d) Within 30 days following the submission of the
initial summary report described in subsection (c) of
this section, the Secretary of Defense, the Secretary
of the Interior, and the Secretary of Agriculture shall
each provide a status report to the OMB Director, the
Assistant to the President for Economic Policy, and the
Chairman of CEQ. Each such report shall list the status
of all expedited Federal lands projects and shall list
any additions or other changes to the list described in
subsection (c) of this section. Such status reports
shall thereafter be provided to these officials at
least every 30 days for the duration of the national
emergency and may be combined, as appropriate, with any
other reports required by this order.
Sec. 6. National Environmental Policy Act (NEPA)
Emergency Regulations and Emergency Procedures. The
Council on Environmental Quality has provided
appropriate flexibility to agencies for complying with
the National Environmental Policy Act (NEPA), 42 U.S.C.
4321 et seq., in emergency situations. Such flexibility
is expressly authorized in CEQ's regulations, contained
in title 40, Code of Federal Regulations, that
implement the procedural provisions of NEPA (the ``NEPA
regulations''), which were first issued in 1978. These
regulations provide that when emergency circumstances
make it necessary to take actions with significant
environmental impacts without observing the
regulations, agencies may consult with CEQ to make
alternative arrangements to take such actions. Using
this authority, CEQ has appropriately approved
alternative arrangements in a wide variety of pressing
emergency situations. These emergencies have included
not only natural disasters and threats to the national
defense, but also threats to human and animal health,
energy security, agriculture and farmers, and
employment and economic prosperity.
(a) No later than 30 days of the date of this
order, the heads of all agencies:
(i) shall identify planned or potential actions to facilitate the Nation's
economic recovery that:
(A) may be subject to emergency treatment as alternative arrangements
pursuant to CEQ's NEPA regulations and agencies' own NEPA procedures;
(B) may be subject to statutory exemptions from NEPA;
(C) may be subject to the categorical exclusions that agencies have
included in their NEPA procedures pursuant to the NEPA regulations;
(D) may be covered by already completed NEPA analyses that obviate the
need for new analyses; or
(E) may otherwise use concise and focused NEPA environmental analyses;
and
(ii) shall provide a summary report, listing such actions, to the OMB
Director, the Assistant to the President for Economic Policy, and the
Chairman of CEQ. Such report may be combined, as appropriate, with any
other reports required by this order.
(b) To facilitate the Nation's economic recovery,
the heads of all agencies are directed to use, to the
fullest extent possible and consistent with applicable
law, emergency procedures, statutory exemptions,
categorical exclusions, analyses that have already been
completed, and concise and focused analyses,
[[Page 35168]]
consistent with NEPA, CEQ's NEPA regulations, and
agencies' NEPA procedures.
(c) Within 30 days following the submission of the
initial summary report described in subsection (a)(ii)
of this section, each agency shall provide a status
report to the OMB Director, the Assistant to the
President for Economic Policy, and the Chairman of CEQ.
Each such report shall list actions taken within the
categories described in subsection (a)(i) of this
section, shall list the status of any previously
reported planned or potential actions, and shall list
any new planned or potential actions within these
categories. Such status reports shall thereafter be
provided to these officials at least every 30 days for
the duration of the national emergency and may be
combined, as appropriate, with any other reports
required by this order.
(d) The Chairman of CEQ shall be available to
consult promptly with agencies and to take other prompt
and appropriate action concerning the application of
CEQ's NEPA emergency regulations.
Sec. 7. Endangered Species Act (ESA) Emergency
Consultation Regulations. (a) No later than 30 days of
the date of this order, the heads of all agencies:
(i) shall identify planned or potential actions to facilitate the Nation's
economic recovery that may be subject to the regulation on consultations in
emergencies, see 50 C.F.R. 402.05, promulgated by the Secretary of the
Interior and the Secretary of Commerce pursuant to the Endangered Species
Act (ESA), 16 U.S.C. 1531 et seq.; and
(ii) shall provide a summary report, listing such actions, to the Secretary
of the Interior, the Secretary of Commerce, the OMB Director, the Assistant
to the President for Economic Policy, and the Chairman of CEQ. (The
Secretary of the Interior and the Secretary of Commerce shall provide such
summary reports, listing such actions on behalf of their respective
agencies, to each other and for internal use throughout their respective
agencies, as well as to the OMB Director, the Assistant to the President
for Economic Policy, and the Chairman of CEQ.) Such report may be combined,
as appropriate, with any other reports required by this order.
(b) The heads of all agencies are directed to use,
to the fullest extent possible and consistent with
applicable law, the ESA regulation on consultations in
emergencies, to facilitate the Nation's economic
recovery.
(c) Within 30 days following the submission of the
initial summary report described in subsection (a)(ii)
of this section, the head of each agency shall provide
a status report to the Secretary of the Interior, the
Secretary of Commerce, the OMB Director, the Assistant
to the President for Economic Policy, and the Chairman
of CEQ. (The Secretary of the Interior and the
Secretary of Commerce shall provide such status
reports, listing such actions on behalf of their
respective agencies, to each other and for internal use
throughout their respective agencies, as well as to the
OMB Director, the Assistant to the President for
Economic Policy, and the Chairman of CEQ.) Each such
report shall list actions taken within the categories
described in subsection (a)(i) of this section, shall
list the status of any previously reported planned or
potential actions, and shall list any new planned or
potential actions within these categories. Such status
reports shall thereafter be provided to these officials
at least every 30 days for the duration of the national
emergency and may be combined, as appropriate, with any
other reports required by this order.
(d) The Secretary of the Interior shall ensure that
the Director of the Fish and Wildlife Service, or the
Director's authorized representative, shall be
available to consult promptly with agencies and to take
other prompt and appropriate action concerning the
application of the ESA's emergency regulations. The
Secretary of Commerce shall ensure that the Assistant
Administrator for Fisheries for the National Marine
Fisheries Service, or the Assistant Administrator's
authorized representative, shall be available for such
consultation and to take such other action.
[[Page 35169]]
Sec. 8. Emergency Regulations and Nationwide Permits
Under the Clean Water Act (CWA) and Other Statutes
Administered by the Army Corps of Engineers. (a) No
later than 30 days of the date of this order, the heads
of all agencies, including the Secretary of the Army,
acting through the Assistant Secretary of the Army for
Civil Works:
(i) shall identify planned or potential actions to facilitate the Nation's
economic recovery that may be subject to emergency treatment pursuant to
the regulations and nationwide permits promulgated by the Army Corps of
Engineers, or jointly by the Corps and the Environmental Protection Agency
(EPA), pursuant to section 404 of the Clean Water Act, 33 U.S.C. 1344,
section 10 of the Rivers and Harbors Act of March 3, 1899, 33 U.S.C. 403,
and section 103 of the Marine Protection Research and Sanctuaries Act of
1972, 33 U.S.C. 1413 (collectively, the ``emergency Army Corps permitting
provisions''); and
(ii) shall provide a summary report, listing such actions, to the Secretary
of the Army, acting through the Assistant Secretary of the Army for Civil
Works; the OMB Director; the Assistant to the President for Economic
Policy; and the Chairman of CEQ. Such report may be combined, as
appropriate, with any other reports required by this order.
(b) The heads of all agencies are directed to use,
to the fullest extent possible and consistent with
applicable law, the emergency Army Corps permitting
provisions, to facilitate the Nation's economic
recovery.
(c) Within 30 days following the submission of the
initial summary report described in subsection (a)(ii)
of this section, each agency shall provide a status
report to the Secretary of the Army, acting through the
Assistant Secretary of the Army for Civil Works; the
OMB Director; the Assistant to the President for
Economic Policy; and the Chairman of CEQ. Each such
report shall list actions taken within subsection
(a)(i) of this section, shall list the status of any
previously reported planned or potential actions, and
shall list any new planned or potential actions that
fall within subsection (a)(i). Such status reports
shall thereafter be provided to these officials at
least every 30 days for the duration of the national
emergency and may be combined, as appropriate, with any
other reports required by this order.
(d) The Secretary of the Army, acting through the
Assistant Secretary of the Army for Civil Works, shall
be available to consult promptly with agencies and to
take other prompt and appropriate action concerning the
application of the emergency Army Corps permitting
provisions. The Administrator of the EPA shall provide
prompt cooperation to the Secretary of the Army and to
agencies in connection with the discharge of the
responsibilities described in this section.
Sec. 9. Other Authorities Providing for Emergency or
Expedited Treatment of Infrastructure Improvements and
Other Activities. (a) No later than 30 days of the date
of this order, all heads of agencies:
(i) shall review all statutes, regulations, and guidance documents that may
provide for emergency or expedited treatment (including waivers,
exemptions, or other streamlining) with regard to agency actions pertinent
to infrastructure, energy, environmental, or natural resources matters;
(ii) shall identify planned or potential actions, including actions to
facilitate the Nation's economic recovery, that may be subject to emergency
or expedited treatment (including waivers, exemptions, or other
streamlining) pursuant to those statutes and regulations; and
(iii) shall provide a summary report, listing such actions, to the OMB
Director, the Assistant to the President for Economic Policy, and the
Chairman of CEQ. Such report may be combined, as appropriate, with any
other reports required by this order.
(b) Consistent with applicable law, agencies shall
use such statutes and regulations to the fullest extent
permitted to facilitate the Nation's economic recovery.
[[Page 35170]]
(c) Within 30 days following the submission of the
initial summary report described in subsection (a)(iii)
of this section, each agency shall provide a status
report to the OMB Director, the Assistant to the
President for Economic Policy, and the Chairman of CEQ.
Each such report shall list actions taken within
subsection (a)(ii) of this section, shall list the
status of any previously reported planned or potential
actions, and shall list any new planned or potential
actions that fall within subsection (a)(ii). Such
status reports shall thereafter be provided to these
officials at least every 30 days for the duration of
the national emergency and may be combined, as
appropriate, with any other reports required by this
order.
Sec. 10. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the OMB Director relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
June 4, 2020.
[FR Doc. 2020-12584
Filed 6-8-20; 8:45 am]
Billing code 3295-F0-P
