Accelerating the Nation's Economic Recovery From the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities

Impact dates

1. Sep 2, 2020

   Subsequent status reports due every 30 days for duration of national emergency

2. Jul 4, 2020

   Initial summary reports due: expedited transportation projects (Sec. 3(b)), expedited Army Corps projects (Sec. 4(b)), expedited federal lands projects (Sec. 5(c)), NEPA-eligible actions (Sec. 6(a)(ii)), ESA-eligible actions (Sec. 7(a)(ii)), CWA/emergency permitting actions (Sec. 8(a)(ii)), and review of emergency/expedited authorities (Sec. 9(a)(iii))

Key directives

• Secretary of Transportation shall expedite all authorized highway and infrastructure projects using emergency authorities
• Secretary of Army (Civil Works) shall expedite all authorized civil works projects
• Secretaries of Defense, Interior, and Agriculture shall expedite infrastructure, energy, environmental, and natural resources projects on federal lands
• All agency heads shall identify actions eligible for NEPA emergency/alternative arrangements and report within 30 days
• All agency heads shall identify actions eligible for ESA emergency consultation and report within 30 days
• All agency heads shall identify actions eligible for Clean Water Act emergency permitting and report within 30 days
• All agency heads shall review statutes/regulations for emergency/expedited treatment and report within 30 days
• Agencies directed to use emergency procedures 'to the fullest extent possible and consistent with applicable law'
• Status reports required every 30 days for duration of national emergency

Who is ordered

• Secretary of Transportation · Department of Transportation
• Secretary of the Army · Department of Defense
• Assistant Secretary of the Army for Civil Works · Department of Defense
• Secretary of Defense · Department of Defense
• Secretary of the Interior · Department of the Interior
• Secretary of Agriculture · Department of Agriculture
• Director of the Office of Management and Budget · Office of Management and Budget
• Assistant to the President for Economic Policy · White House
• Chairman of the Council on Environmental Quality · CEQ
• Secretary of Commerce · Department of Commerce
• Director of the Fish and Wildlife Service · Department of the Interior
• Assistant Administrator for Fisheries for the National Marine Fisheries Service · Department of Commerce
• Administrator of the Environmental Protection Agency · Environmental Protection Agency
• heads of all agencies · Executive Branch

Timeline

Risks & tensions

• Environmental groups likely to challenge reduced NEPA/ESA/CWA review as unlawful override of statutory protections
• Phrase 'to the fullest extent possible and consistent with applicable law' creates tension between speed and legal compliance; courts may determine 'applicable law' was not followed
• Duration tied to 'national emergency' declared March 13, 2020—unclear termination date creates open-ended reporting obligation
• Sec. 10(b) 'subject to availability of appropriations' may limit actual project acceleration despite procedural streamlining
• No enforcement mechanism specified for agencies that fail to expedite; reliance on OMB/CEQ oversight