Senior community engagement officers and Tribal community engagement officers
Title VII — Collaborating with communities for successful deployment
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(a) Designation of senior community engagement officers and Tribal community engagement officers (1) In general The head of each Federal agency required or authorized to complete an environmental document or an authorization for a major Federal action shall designate— (A) 1 or more appropriate employees or officials of the applicable Federal agency to serve as a senior community engagement officer (referred to in this section as an SCO); and (B) 1 or more appropriate employees or officials of the applicable Federal agency (other than an employee or official designated as an SCO under subparagraph (A)) to serve as a Tribal community engagement officer (referred to in this section as a TEO). (2) Responsibilities of an SCO and TEO An SCO and a TEO shall— (A) oversee community or Tribal, as applicable, engagement in environmental review and authorization processes carried out by the Federal agency; (B) advise the applicable head of the Federal agency on matters relating to community or Tribal, as applicable, engagement in such reviews and processes; (C) identify, recommend, and implement approaches to expand and improve early, meaningful community or Tribal, as applicable, engagement relating to the environmental review and authorization processes carried out by the Federal agency, including to ensure timely public access to all information relevant to inform such engagement; (D) identify and avoid or resolve conflicts with communities or Indian Tribes affected by the environmental review or authorization processes, as applicable— (i) to align Federal actions with the needs and interests of those communities or Indian Tribes, as applicable; and (ii) to minimize the potential for delay of environmental review and authorization processes carried out by the Federal agency; (E) identify opportunities with affected communities or Indian Tribes to accelerate the environmental review and authorization processes carried out by the Federal agency; (F) provide technical support and capacity building, on request of a community or an Indian Tribe to enhance the ability of communities and Indian Tribes to engage constructively in Federal agency decision making; (G) assist in developing and negotiating community benefits agreements consistent with section 704; and (H) coordinate with the Council on Environmental Quality to develop interagency training modules, data sharing protocols, and community engagement standards to ensure consistency and accountability across Federal agencies. (3) Reporting An SCO and a TEO shall report directly to a Deputy Secretary (or equivalent) or higher position in the Federal agency in which the SCO or TEO serves. (4) Guidance The Director of the Office of Management and Budget shall establish any guidance necessary to establish SCO and TEO positions not later than 2 years of the date of enactment of this Act. (b) Regional community engagement officers A Federal agency may appoint regional community engagement officers to support community and Tribal engagement in environmental review and authorization processes carried out by the Federal agency within a region impacted by a proposed major Federal project, including by carrying out activities— (1) to identify and implement approaches to expand and improve early, meaningful community and Tribal engagement relating to the environmental review and authorization processes carried out by the Federal agency; (2) to identify and avoid or resolve conflicts with affected communities and Indian Tribes that have the potential to delay environmental review and authorization processes carried out by the Federal agency; (3) to identify opportunities with affected communities and Indian Tribes to accelerate the environmental review and authorization processes carried out by the Federal agency; (4) to provide technical support and capacity building, on request of a community or an Indian Tribe, to enhance the ability of communities or Indian Tribes to engage constructively in Federal agency decision making; and (5) to assist in developing and negotiating community benefits agreements consistent with section 704. (c) Application Notwithstanding any other provision of law, chapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act), shall not apply to stakeholder engagement processes or public comment activities that are required under or proceeding from a Federal environmental permitting process and led by an SCO, a TEO, or a regional community engagement officer appointed under subsection (b). (d) FAST 41 (1) Definition of agency SCO Section 41001 of the FAST Act (42 U.S.C. 4370m) is amended— (A) by redesignating paragraphs (2) through (18) as paragraphs (3) through (19), respectively; and (B) by inserting after paragraph (1) the following: (2) Agency SCO The term agency SCO means the senior community engagement officer of an agency, as designated by the head of the agency under section 706(a)(1)(A) of the Energy Bills Relief Act.. (2) Dispute resolution Section 41003(c)(2)(C)(i) of the FAST Act (42 U.S.C. 4370m–2(c)(2)(C)(i)) is amended by striking agency CERPOs and inserting agency CERPOs, agency SCOs,. (3) Environmental review improvement fund Section 41009(d)(3) of the FAST Act (42 U.S.C. 4370m–8(d)(3)) is amended— (A) by striking facilitate timely and inserting facilitate early, meaningful community engagement and timely; and (B) by inserting and agency SCOs after agency CERPOs. (e) Definitions In this section: (1) Authorization The term authorization means any license, permit, approval, finding, determination, or other administrative decision issued by an agency and any interagency consultation that is required or authorized under Federal law in order to site, construct, reconstruct, or commence operations of an infrastructure project. (2) Environmental document The term environmental document has the meaning given such term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).