Sec. 2. NEPA reform
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/bill/119/hr/4776/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 ) is amended— by striking The purposes and inserting the following: The purposes ; and by adding at the end the following: This Act is a purely procedural statute intended to ensure Federal agencies consider the environmental impacts of their actions during the decisionmaking process. This Act does not mandate particular results, and only prescribes a process. Nothing in this Act shall be construed to mandate any specific environmental outcome or result, nor shall this Act be interpreted to confer substantive rights or impose substantive duties beyond procedural requirements. .
Section 106 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336 ) is amended— in the heading, by inserting after ; scope of review ; level of review in subsection (a)— in paragraph (3), by striking or ; in paragraph (4), by striking action. and inserting action; ; and by adding at the end the following: the proposed agency action is an action for which such agency’s compliance with another statute’s requirements serve a similar function as the requirements of this Act with respect to such action; or the proposed agency action— relates to a project or action that has already been reviewed pursuant to a State or Tribal environmental review statute; and the lead agency determines such review meets the requirements of this Act. ; in subsection (b)— in paragraph (2), by striking does not and inserting is not likely to ; and in paragraph (3), by amending subparagraph
(B)to read as follows: is not required to— undertake new scientific or technical research unless the new scientific or technical research is essential to a reasoned choice among alternatives, and the overall costs and time frame of obtaining it are not unreasonable; or undertake new scientific and technical research after the receipt of an application, as applicable, with respect to such proposed agency action. ; and by adding at the end the following: In developing an environmental document for a proposed agency action, a Federal agency— may only consider effects that share a reasonably close causal relationship to, and are proximately caused by, the immediate project or action under consideration; and may not consider effects that are speculative, attenuated from the project or action, separate in time or place from the project or action, or in relation to separate existing or potential future projects or actions. A Federal agency may not rescind, withdraw, amend, alter, or otherwise render ineffective any environmental document completed under this Act unless the Federal agency has been so ordered by a court. . Section 107 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336a ) is amended— in subsection (a)(3), by adding at the end Such comments shall be limited to matters relating to the proposed agency action with respect to which such cooperating agency has jurisdiction by law. If a lead agency determines an environmental document is not required to be prepared with respect to a proposed agency action under section 106(a), another agency may not prepare an environmental document with respect to such proposed agency action. ; in subsection (b)— by striking To the extent practicable, and inserting the following: To the extent practicable, ; and by adding at the end the following: In developing an environmental document for a proposed agency action, no Federal agency shall be required to consider any scientific or technical research that becomes publicly available after the sooner of, as applicable— the date of receipt of an application with respect to such proposed agency action; and the date of publication of a notice of intent or decision to prepare such environmental document for such proposed agency action. This paragraph does not affect any review of information required under subchapter II of chapter 5 of title 5, United States Code, with respect to comments received during the public comment period as applicable. A Federal agency may not delay the issuance of an environmental document or a final agency action, including any decision or determination, on the basis of awaiting new scientific or technical research or information that was not available as of the deadlines specified in subparagraph (A). ; in subsection (d), by striking action. and inserting action. Where applicable, the statement of purpose and need shall meet the goals of the applicant. ; and in subsection (g)— in paragraph (2), by striking , in consultation with the applicant, to and inserting if the applicant approves such extension. If the applicant approves such extension, the lead agency shall ; in paragraph (3)(A), by striking A project sponsor may and inserting Except as provided in subparagraph (C), a project sponsor may ; and by adding at the end the following: A project sponsor that approved an extension of a deadline under paragraph
(2)may not obtain review of a failure to act in accordance with such deadline under subparagraph
(A)unless the lead agency fails to meet the new deadline or is delaying for reasons other than those necessary to complete its review. . Section 108 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336b ) is amended— in paragraph (1), by striking 5 and inserting 10 ; and in paragraph (2), by striking 5 and inserting 10 . Section 109 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336c ) is amended— in the text preceding paragraph (1), by inserting , or that was legislatively enacted by Congress, after procedures ; and in paragraph (2), by inserting , if applicable, after established the categorical exclusion . Section 111 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336e ) is amended— in paragraph (1), by inserting , or Congress deems by statute, after Federal agency has determined ; in paragraph (10)— in subparagraph (B)— in clause (iii)— by inserting , grants after loan guarantees ; by striking sufficient and inserting complete ; and by striking subsequent use of such financial assistance or the ; by redesignating clauses
(iv)through
(vii)as clauses
(vi)through (ix), respectively; and by inserting after clause
(iii)the following: farm ownership loans and operating loan guarantees by the Farm Service Agency pursuant to sections 305 and 311 through 319 of the Consolidated Farm and Rural Development Act; the issuance of a permit or other authorization by an agency where the proposal under consideration is otherwise being evaluated or was previously evaluated by the lead agency in compliance with this Act; ; and by adding at the end the following: An agency action may not be determined to be a major Federal action solely on the basis of the provision of Federal funds, including a grant, loan, loan guarantee, and funding assistance. ; and by adding at the end the following: The term reasonably foreseeable , with respect to environmental effects of a proposed agency action— means effects that share a reasonably close causal relationship to, and are proximately caused by, the immediate project or action under consideration; and does not include effects that are— speculative; attenuated from the proposed agency action; separate in time or place from the proposed agency action; or in relation to separate existing or potential future projects. . Section 204 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4344 ) is amended in paragraph
(4)by inserting energy, after health, .
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Sec. 2
NEPA reform
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