Sec. 101. Accelerating claims

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section: The term authorization means any license, permit, approval, order, or other administrative decision that is required or authorized under Federal law (including regulations) to design, plan, site, construct, reconstruct, or commence operations of a project. The term authorization includes— agency approvals of lease sales, permits, or plans required to explore for, develop, or produce minerals under— the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ); the Act of August 7, 1947 (commonly known as the Mineral Leasing Act for Acquired Lands ) ( 30 U.S.C. 351 et seq. ); the Act of July 31, 1947 (commonly known as the Materials Act of 1947 ) (61 Stat. 681, chapter 406; 30 U.S.C. 601 et seq. ); sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872 ) ( 30 U.S.C. 22 et seq. ); the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ); or the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ); and statements or permits for a project under sections 7 and 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 , 1539).

The term environmental document includes any of the following, as prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ): An environmental assessment. A finding of no significant impact. An environmental impact statement. A record of decision. The term project means a project— proposed for the construction of infrastructure— to develop, produce, generate, store, transport, or distribute energy; to capture, remove, transport, or store carbon dioxide; or to mine, extract, beneficiate, or process minerals; and subject to the requirements that— an environmental document be prepared; and the applicable agency issue an authorization of the activity.

The term project sponsor means an entity, including any private, public, or public-private entity, seeking an authorization for a project. Notwithstanding any other provision of law, a civil action arising under Federal law seeking judicial review of a final agency action granting or denying an authorization shall be barred unless the civil action is filed by the date that is 150 days after the date on which the authorization was granted or denied, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed.

A reviewing court shall set for expedited consideration any civil action arising under Federal law seeking judicial review of a final agency action granting or denying an authorization. If the reviewing court remands a final Federal agency action granting or denying an authorization to the Federal agency for further proceedings, whether on a motion by the court, the agency, or another party, the court shall set a reasonable schedule and deadline for the agency to act on remand, which shall not exceed 180 days from the date on which the order of the court was issued, unless a longer time period is necessary to comply with applicable law.

The head of the Federal agency to which a court remands a final Federal agency action under paragraph

(1)shall take such actions as may be necessary to provide for the expeditious disposition of the action on remand in accordance with the schedule and deadline set by the court under that paragraph. For the purpose of subsection (b), the preparation of a supplemental or revised environmental document, when required, shall be considered to be a separate final agency action. Not later than 30 days after the date on which an agency is served a copy of a petition for review or a complaint in a civil action described in subsection (b), the head of the agency shall notify the project sponsor of the filing of the petition or complaint.

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