Sec. 2. National Environmental Policy Act timelines
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Title I of the National Environmental Policy Act of 1969 is amended— by redesignating section 105 ( 42 U.S.C. 4335 ) as section 106; and by inserting after section 104 ( 42 U.S.C. 4334 ) the following: In this section: The term environmental impact statement means a detailed statement required under section 102(2)(C). The term Federal agency includes a State that has assumed responsibility under section 327 of title 23, United States Code. The term head of a Federal agency includes the governor or head of an applicable State agency of a State that has assumed responsibility under section 327 of title 23, United States Code.
The term NEPA process means the entirety of every process, analysis, or other measure, including an environmental impact statement, required to be carried out by a Federal agency under this title before the agency undertakes a proposed action. For purposes of subparagraph (A), the NEPA process— begins on the date on which the head of a Federal agency receives an application for a proposed action from a project sponsor; and ends on the date on which the Federal agency issues, with respect to the proposed action— a record of decision, including, if necessary, a revised record of decision; a finding of no significant impact; or a categorical exclusion under this title.
The term project sponsor means a Federal agency or other entity, including a private or public-private entity, that seeks approval of a proposed action. The head of a Federal agency shall complete the NEPA process for a proposed action of the Federal agency, as described in subsection (a)(4)(B)(ii), not later than 2 years after the date described in subsection (a)(4)(B)(i). Within the period described in subparagraph (A), not later than 1 year after the date described in subsection (a)(4)(B)(i), the head of the Federal agency shall, with respect to the proposed action— issue— a finding that a categorical exclusion applies to the proposed action; or a finding of no significant impact; or publish a notice of intent to prepare an environmental impact statement in the Federal Register.
If the head of a Federal agency publishes a notice of intent described in subparagraph (B)(ii), within the period described in subparagraph
(A)and not later than 1 year after the date on which the head of the Federal agency publishes the notice of intent, the head of the Federal agency shall complete the environmental impact statement and, if necessary, any supplemental environmental impact statement for the proposed action. Not later than 90 days after the date described in subsection (a)(4)(B)(ii), the head of a Federal agency shall issue— any necessary permit or authorization to carry out the proposed action; or a denial of the permit or authorization necessary to carry out the proposed action. If a permit or authorization described in subparagraph
(A)is not issued or denied within the period described in that subparagraph, the permit or authorization shall be considered to be approved. If a permit or authorization described in subparagraph
(A)is denied, the head of the Federal agency shall describe to the project sponsor— the basis of the denial; and recommendations for the project sponsor with respect to how to address the reasons for the denial. If the project sponsor carries out the recommendations of the head of the Federal agency under clause (i)(II) and notifies the head of the Federal agency that the recommendations have been carried out, the head of the Federal agency— shall decide whether to issue the permit or authorization described in subparagraph
(A)not later than 90 days after the date on which the project sponsor submitted the notification; and shall not carry out the NEPA process with respect to the proposed action again. .
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