Sec. 102. National Environmental Policy Act of 1969 reform
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The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) is amended by adding at the end the following: An agency or other entity seeking approval of, or otherwise responsible for carrying out, a project (referred to in this section as the project sponsor ), may prepare an environmental impact statement or environmental assessment for the purpose of an environmental review in support of the project for approval by the lead agency of the project if, before the project sponsor takes any action or seeks any approval based on the environmental document, the lead agency— provides oversight in the preparation of the environmental impact statement or environmental assessment; independently evaluates the environmental impact statement or environmental assessment; and approves, within a reasonable time, and adopts the environmental impact statement or environmental assessment.
Except as provided in subparagraph (B), the lead agency shall not prepare more than 1 environmental impact statement and 1 environmental assessment under this Act for a project. The limitation in subparagraph
(A)shall not apply to— a supplemental environmental document; or an environmental impact statement or environmental assessment prepared pursuant to a court order. Except as provided in clause (ii), after the date on which the lead agency issues a record of decision for a project, the head of a Federal agency responsible for approving the project shall not rely on any environmental impact statement or environmental assessment prepared before that date. Notwithstanding clause (i), the head of a Federal agency may rely on an environmental impact statement or environmental assessment prepared by the lead agency after the date on which the lead agency issues a record of decision for the project. On request by a project sponsor, a lead agency may adopt, use, or rely on a secondary or cumulative impact analysis that is included in any environmental impact statement or environmental assessment for a project located in the geographical area that is the subject of the secondary or cumulative impact analysis, if the secondary or cumulative impact analysis provides information that is applicable to the project. On request by a project sponsor and subject to clause (ii), a lead agency may adopt as the environmental impact statement or environmental assessment for a project an environmental document prepared under State law, if the State law provides environmental protection and an opportunity for public involvement that is substantially similar to the environmental protection and opportunity for public involvement under this Act. A lead agency shall prepare and publish a supplement to an environmental document referred to in clause
(i)before adopting the State environmental document if the lead agency determines that— a significant change has been made to the project that is relevant for purposes of the environmental review by the lead agency; or there have been significant changes in circumstances or availability of information relevant to that environmental review. For any supplemental document prepared and published under subclause (I), the lead agency may solicit comments from agencies and the public for a period of not more than 45 days beginning on the date of the publication. The adoption of an environmental document by a lead agency under subparagraph (A)(i) satisfies the obligation of the lead agency to prepare an environmental impact statement or environmental assessment under this Act. With respect to a project, the lead agency shall issue a record of decision or finding of no significant impact, as appropriate, based on— the environmental document adopted under subparagraph (A)(i); and any supplemental document prepared under subparagraph (A)(ii). The lead agency may adopt for a project an environmental impact statement or environmental assessment that resulted from an environmental review carried out for a similar project in geographical proximity to the project, if the lead agency— determines that— there is a reasonable likelihood that the project will have a similar environmental impact as the similar project; and during the 5-year period ending on the date on which the lead agency makes the determination, the similar project was subject to environmental review or similar State procedures; and adopts the environmental impact statement or environmental assessment in accordance with paragraph (2)(A). The lead agency of a project shall— be responsible for designating or inviting, as applicable, cooperating agencies (within the meaning of section 1501.6 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this section)) in accordance with this subsection; and provide to the head of each cooperating agency a notice of the designation or invitation in writing. Except as provided in subparagraph (C), any Federal agency that is required to adopt the environmental impact statement or environmental assessment of the lead agency for a project shall— be designated as a cooperating agency; and collaborate on the preparation of the environmental impact statement or environmental assessment. The lead agency shall provide to the head of a Federal agency described in subparagraph
(A)a written notice of designation under paragraph
(1)that specifies a date by which the head of the Federal agency shall respond. Notwithstanding subparagraph (A), the head of a Federal agency may decline designation as a cooperation agency if, not later than the date specified by the lead agency under subparagraph (B), the head of the Federal agency informs the lead agency in writing that the Federal agency— has no jurisdiction or authority with respect to the project; has no expertise or information relevant to the project; and does not intend to submit comments on the project. The lead agency shall identify, as early as practicable in the environmental review for a project, any official or agency other than an agency described in paragraph
(2)that may have an interest in the project, including— the Governor of an affected State; and a local or tribal government. The lead agency shall provide a written invitation to any agency or official identified under subparagraph
(A)to become a cooperating agency in the environmental review for the project. The invitation described in clause
(i)shall include a deadline, not to exceed 30 days after the date on which the invitation is received, by which the invited agency or official shall accept or decline the invitation. The lead agency may extend the deadline under subclause
(I)only for good cause shown. An agency or official that fails to respond to an invitation under subparagraph (B)(i) before the deadline under subparagraph (B)(ii) shall be considered to have declined the invitation for designation. The lead agency shall designate as a cooperating agency any agency or official that accepts an invitation under subparagraph (B). An agency or official that declines a designation or invitation by the lead agency to be a cooperating agency for a project shall be precluded from— submitting comments on any environmental impact statement or environmental assessment prepared for the project; and taking any action to oppose, based on the environmental review, any permit, license, or approval relating to the project. Designation as a cooperating agency under this subsection does not imply that the cooperating agency— supports a proposed project; or has jurisdiction over, or special expertise with respect to evaluation of, the project. The head of each Federal agency designated as a cooperating agency shall— carry out the obligations of the Federal agency under other applicable law concurrently and in conjunction with the environmental review required for the applicable project under this Act; and in accordance with the rules promulgated by the Council on Environmental Quality pursuant to section 102(b)(1) of the Rebuild America Now Act , develop and carry out such rules, policies, and procedures as may be reasonably necessary to enable the Federal agency to ensure completion of the environmental review and environmental decisionmaking process in a timely, coordinated, and environmentally responsible manner. In providing comments on a project, a cooperating agency— shall not provide comments on a subject matter that does not relate to the expertise and statutory authority of the cooperating agency, as expressly delegated by Congress; and shall identify in the comments of the cooperating agency the legal authority of the cooperating agency relating to the subject matter of the comments. A lead agency shall not carry out any action in response to, or include in any document prepared under this Act, any comment submitted by a cooperating agency that relates to a subject matter outside the expertise and authority of the cooperating agency. Not later than 45 days after the date on which a lead agency receives an application for a project from a project sponsor, the lead agency shall initiate an environmental review of the project. As early as practicable during the environmental review, but not later than the period during which the preparation of an environmental impact statement is required, the lead agency shall provide an opportunity to the cooperating agencies to participate in determining the range of alternatives to be considered for a project. Subject to subparagraphs
(B)and (C), after completion of the participation of the cooperating agencies described in paragraph (1), the lead agency shall determine the range of alternatives for consideration in the environmental impact statement or environmental assessment for the project. The head of a Federal agency shall not evaluate an alternative that— was identified during the participation period described in paragraph (1); and was not accepted by the lead agency under subparagraph
(A)for detailed evaluation in an environmental impact statement or environmental assessment; or was evaluated by the lead agency; and was not selected for any environmental impact statement or environmental assessment for the project. In the case of a project that is constructed, managed, funded, or carried out by a project sponsor that is not a Federal agency, the head of a Federal agency shall only evaluate an alternative that, consistent with the purpose of, and the need for, the project— the project sponsor may feasibly carry out; and is technically and economically feasible, as determined by the head of the Federal agency. With respect to an alternative for a project, the lead agency shall, in collaboration with cooperating agencies at an appropriate time during the environmental review for the project, determine the methodologies to be used in, and the level of detail required for, the review. The lead agency shall include in the environmental impact statement or environmental assessment for a project a description of— the methodologies used in preparing the environmental impact statement or environmental assessment; and the means by which the methodologies were selected. In preparing an environmental impact statement or environmental assessment, a lead agency may omit from the environmental document a detailed evaluation of an alternative determined by the lead agency not to meet the purpose of, and need for, the project. The evaluation of each alternative in an environmental impact statement or environmental assessment shall identify the potential effects of the alternative on employment, including— potential short-term and long-term employment increases and reductions; and shifts in employment. To facilitate the expeditious resolution of an environmental review, the lead agency shall establish and implement a coordination plan for public and agency participation in, and comment on, the environmental review for a project or category of projects. In developing the coordination plan described in paragraph (1), the lead agency shall consult with each cooperating agency and the project sponsor to develop a schedule for the completion of the environmental review that— considers factors such as— the responsibilities of the cooperating agencies under applicable law; the resources available to the cooperating agencies; the overall size and complexity of the project; the overall schedule for and cost of the project; the sensitivity of the natural and historical resources that may be affected by the project; and the extent to which similar projects in geographical proximity to the project were recently subject to environmental review or similar State procedures; and includes the deadlines, consistent with subsection (g), for decisions under Federal law relating to the project, including decisions on the issuance or denial of a permit or license. Each cooperating agency shall comply with— the deadlines established in the schedule under subparagraph (A); and in the case of a modification to the schedule under paragraph (4), any modified deadline. The lead agency shall disregard, and shall not respond to or include in any environmental impact statement or environmental assessment, any comment or information submitted or any finding made by a cooperating agency that is not in accordance with the deadline established in the schedule under subparagraph
(A)or a modified deadline under paragraph (4). If a cooperating agency fails to object in writing to a lead agency decision, finding, or request for concurrence in accordance with the deadline established under law or by the lead agency, the cooperating agency shall be considered to have concurred in the decision, finding, or request. A schedule under paragraph
(2)shall be consistent with any other relevant deadline under Federal law. With respect to a schedule under paragraph (2), the lead agency may— extend the schedule for good cause; and shorten the schedule only with the concurrence of each cooperating agency. With respect to a schedule under paragraph (2), the lead agency shall— not later than 15 days after the date of completion or modification of schedule, provide a copy of the schedule and any modification to each cooperating agency and the project sponsor; and make a copy of the schedule available to the public. With respect to the environmental review for a project, the lead agency may take such actions as are necessary, within the authority of the lead agency, to facilitate the expeditious resolution of the environmental review. The deadlines described in this subsection shall apply to any project subject to review under this Act and any decision under Federal law relating to the project, including the issuance or denial of a permit or license or any required finding. The lead agency shall— for a project that requires an environmental impact statement under Federal law (including regulations), issue the environmental impact statement by not later than 2 years after the earlier of— the date on which the lead agency receives an application for the project from a project sponsor; and the date on which a notice of intent to prepare an environmental impact statement is published in the Federal Register; and for a project for which the lead agency prepared an environmental assessment, and determined pursuant to that environmental assessment that an environmental impact statement is required, issue the environmental impact statement by not later than 2 years after the date of publication of the notice of intent to prepare an environmental impact statement in the Federal Register. For a project that requires an environmental assessment, the lead agency shall issue a finding of no significant impact or publish a notice of intent to prepare an environmental impact statement in the Federal Register by not later than 1 year after the earliest of— the date on which the lead agency receives the project initiation request; the date on which the lead agency makes a decision to prepare an environmental assessment; and the date on which the lead agency sends out cooperating agency invitations. Subject to clause (ii), the lead agency may extend a deadline under subparagraph
(A)or
(B)only— if the lead agency, project sponsor, and each cooperating agency agree on a different deadline; or for good cause. The lead agency shall not extend a deadline under subparagraph
(A)or (B)— in the case of a project that requires an environmental impact statement, by more than 1 year; and in the case of a project that requires an environmental assessment, by more than 180 days. The lead agency shall establish for each environmental impact statement and environmental assessment a comment period of not more than 30 days after the date on which the environmental impact statement or environmental assessment is made publicly available, unless— the lead agency, project sponsor, and each cooperating agency agree on a different deadline; or the lead agency extends the deadline for good cause. Notwithstanding any other provision of law, in the case of a project for which a Federal agency is required to approve or otherwise to take an action relating to a permit, license, or other similar application before the lead agency may issue a record of decision or finding of no significant impact, the head of the Federal agency shall approve or take the applicable action by not later than the earlier of— the end of the 90-day period beginning on the date on which— all other relevant Federal agency reviews relating to the project are complete; and the lead agency publishes a notice of the availability of the final environmental impact statement or issuance of other final environmental documents; and the date that is otherwise required by law. Except as provided in subparagraph (B), with respect to any approval or other action of a Federal agency relating to a project that is not subject to paragraph (4), each Federal agency shall make the approval or carry out the action by not later than the end of the 180-period beginning on the date on which— all other relevant agency reviews relating to the project are complete; and the lead agency issues a record of decision or finding of no significant impact. Subject to clause (ii), the head of a Federal agency may extend the deadline referred to in subparagraph
(A)for good cause, if the head of the Federal agency, the lead agency, and the project sponsor agree to extend the deadline. The head of a Federal agency shall not extend a deadline under clause
(i)for a period longer than 1 year after the date on which the lead agency issues the record of decision or finding of no significant impact. A permit, license, or other similar application for approval relating to a project that requires the approval or other action by a Federal agency shall be considered to be approved by the Federal agency if the head of the Federal agency fails to approve or otherwise take an action relating to the permit, license, or other similar application by the deadline described in paragraph
(4)or (5). The head of the Federal agency shall act in accordance with the approval under subparagraph
(A)by not later than 30 days after the applicable deadline described in paragraph
(4)or (5). An approval under subparagraph
(A)shall be considered to be a final agency action, which may not be reversed by any agency. In any action under chapter 7 of title 5, United States Code, that seeks review of a final agency action under clause (i), a court may not set aside the action based on the action having been made final under that clause. The lead agency and the cooperating agencies shall work in accordance with this subsection to identify and resolve any issue that may delay the completion of an environmental review or result in the denial of an approval required for the project under applicable law. As early as practicable during the environmental review process, the lead agency shall make available information (including information based on existing data sources, including geographic information systems) relating to the environmental, historic, and socioeconomic resources located in the project area and the general location of any alternative under consideration. Based on information received from the lead agency, a cooperating agency shall identify, as early as practicable, any issue of concern relating to the potential environmental, historical, or socioeconomic impact of a project, including any issue that may substantially delay or prevent an agency from granting a permit or other approval required for the project. To resolve any issue that may delay the completion of an environmental review or result in the denial of an approval required for a project under applicable law, the lead agency shall promptly convene a meeting with the relevant cooperating agency and the project sponsor on request by a project sponsor at any time. If a resolution to an issue identified under paragraph
(1)cannot be achieved by the date that is 30 days after the date on which a meeting is convened under subparagraph (A), and the lead agency determines that all information necessary to resolve the issue has been obtained, the lead agency shall— notify— each cooperating agency; the project sponsor; and the Council on Environmental Quality established by section 202 for further proceedings in accordance with section 204; and publish in the Federal Register a notice relating to the failure to achieve a resolution. Notwithstanding any other provision of law, except as provided in paragraph (2), the lead agency of a project shall expeditiously develop a single document that consists of— a final environmental impact statement relating to the project; each record of decision relating to the project; and the final decision of the Secretary of the Army with respect to the environmental review carried out by the Secretary, acting through the Chief of Engineers, relating to an application for a permit for the project under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ). Paragraph
(1)shall not apply in any case in which— the final environmental impact statement relating to the project makes a substantial change relating to an environmental or safety concern to a proposed action under the project; or there exists a significant new circumstance or information relating to an environmental concern that affects such a proposed action or the impacts of the proposed action. The deadline for filing a claim for judicial review of a final agency action is the date that is 180 days after the date of publication of a notice in the Federal Register announcing the record of decision for the action. A claim challenging a final agency action on the basis of information contained in a supplemental environmental impact statement shall be limited to a challenge on the basis of that information. Nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or approval issued by a Federal agency for an action subject to this Act. The authority granted under this title may be exercised for— any single project; or any category of two or more projects related by project type, potential environmental impact, geographical location, or other similar project feature or characteristic. This title applies only to an environmental review or environmental decisionmaking process initiated after the date of enactment of this title. Except as provided in subparagraph (B), in the case of a project for which an environmental review or environmental decisionmaking process is initiated before the date of enactment of this title, subsection
(g)shall apply. Notwithstanding any other provision of this section, in determining a deadline under subsection (g), any applicable period of time shall be calculated as beginning on the date of enactment of this title. Except as provided in subsection (n), this title applies to each project for which a Federal agency is required to carry out an environmental review or environmental decisionmaking process. Nothing in this section supersedes, amends, or modifies— section 134, 135, 139, 325, 326, or 327 of title 23, United States Code; section 5303 or 5304 of title 49, United States Code; or subtitle C of title I of division A of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ; 126 Stat. 527) (or any amendment made by that subtitle). . Not later than 180 days after the date of enactment of this Act, the Council on Environmental Quality established by section 202 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4342 ) shall— amend the regulations contained in chapter V of title 40, Code of Federal Regulations (or successor regulations), to implement this section and the amendments made by this section; and by rule, designate each State with laws and procedures that satisfy the criteria under section 301(b)(2)(A) of the National Environmental Policy Act of 1969 (as added by subsection (a)). Not later than 120 days after the date on which the Council on Environmental Quality amends the regulations described in paragraph (1)(A), the head of each Federal agency that has promulgated regulations implementing the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) shall amend the regulations to implement this section and the amendments made by this section. Section 41007(a) of the FAST Act ( 42 U.S.C. 4370m–6(a) ) is amended— in paragraph (1)(A), by striking 2 years and inserting 180 days ; and in paragraph (2)(B), by striking 2 years and inserting 180 days .
Connectionstraces to 3
3 references not yet in our index
- Pub. L. 112-141
- 126 Stat. 527
- 42 USC 4370m–6(a)
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cites case law
Sec. 102
National Environmental Policy Act of 1969 reform
Pub. L.Pub. L. 112-141
Stat.126 Stat. 527
Cite42 USC 4370m–6(a)
Cites 6Cited by 0 across 0 sources