Sec. 2. NEPA reform
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/bill/119/hr/4776/rh/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
(a)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 agency determines the proposed agency action is an action for which such agency’s compliance with another statute’s requirements serves the function of agency compliance with 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 environmental review statute or a Tribal environmental review statute, ordinance, resolution, regulation, or formally adopted policy and the lead agency determines such review serves the function of agency compliance with 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 or technical research after the receipt of an application, as applicable, with respect to a proposed agency action. ; and by adding at the end the following: In preparing an environmental document for a proposed agency action, a Federal agency— may consider only those 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 for a project or action where there is an applicant unless the Federal agency has been so ordered by a court or the applicant has agreed in writing to such rescission, withdrawal, amendment, or alteration. Except as provided in this subsection or existing law, a Federal agency may not revoke, rescind, withdraw, terminate, suspend, amend, alter, or take any other action to interfere with an authorization unless— the Federal agency is required to take such action by order of a court of competent jurisdiction; the holder of the authorization has materially breached the terms of the authorization, or otherwise violated applicable law; the authorization was obtained through fraud, intentional concealment, or material misrepresentation; such action is necessary to prevent specific, immediate, substantial, and proximate harm or damage to life, property, national security, or defense that was not considered in the underlying environmental review process or final agency action for the authorization; or the Federal agency has received a request from the holder of the authorization or project sponsor to take such action. The actions described in subparagraph
(A)shall be, as appropriate and where feasible, supported by clear and convincing evidence and reasonably limited in duration and scope by the agency to address the specific issue such action is intended to address. Before an agency takes an action described in subparagraph (A), the agency shall notify the holder of the authorization and the project sponsor in writing of such action, including by providing a detailed explanation of the action, identifying the statutory authority relied upon for the action, and providing the evidence supporting the action. An action described in subparagraph
(A)shall be subject to judicial review under chapter 7 of title 5, United States Code. A person seeking judicial review of an action described in subparagraph
(A)may only obtain review of such action in the United States court of appeals for any circuit wherein the project for which the authorization was issued is located. No Federal agency may petition a court for vacatur or voluntary remand of an authorization unless the holder of the authorization or the project sponsor consents in writing to such a petition. Nothing in subparagraph
(A)shall be construed to provide any Federal agency new, enhanced, or expanded authority, or to limit any existing authority, concerning any authorization. For any proposed agency action carried out on, or directly affecting, tribal trust resources (including lands and minerals) that is initiated by the federally recognized Indian Tribe for which the United States holds the affected resources in trust, and for which an environmental document was prepared that included consideration of a no action alternative, there shall be a presumption that the effects of taking no action will be negative for the federally recognized Indian Tribe. If a lead agency determines an environmental document is not required to be prepared with respect to a proposed agency action under subsection (a), another agency may not prepare an environmental document with respect to such proposed agency action. . Section 107(a) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336a(a) ) is amended— in paragraph (2)— in subparagraph (B), by striking at the earliest practicable time and inserting in accordance with subsection (g)(2) ; in subparagraph (D), by striking carry out the proposed agency action and inserting carry out the proposed agency action in compliance with the deadlines outlined in subsection
(g); and in subparagraph (E)— by striking a review and inserting an environmental review ; and by striking such review and inserting such environmental review ; and in paragraph (3)— by inserting (including counties, boroughs, parishes, and other political subdivisions of a State) after local agency ; and by adding at the end Such comments from Federal cooperating agencies shall be limited to matters relating to the proposed agency action with respect to which such Federal cooperating agency has jurisdiction by law. . Section 107(b) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336a(b) ) is amended— by striking To the extent practicable, and inserting the following: To the extent practicable, ; and by adding at the end the following: In preparing 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 earlier 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 earlier of the dates described in subparagraph (A). . Section 107(d) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336a(d) ) is amended by striking action. and inserting action. Where applicable, the statement of purpose and need shall meet the goals of the applicant. . Section 107(g) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336a(g) ) is amended— by redesignating paragraphs (1), (2), and
(3)as paragraphs (3), (5), and (6), respectively; by inserting before paragraph
(3)(as so redesignated) the following: Unless a shorter deadline is specified by law, in connection with a proposed agency action for which an applicant submitted an application for an authorization to an agency, not later than 60 days after the date on which the applicant submits the application to the agency, the agency shall document the receipt of the application and— notify the applicant that the application is complete; or notify the applicant that the application is incomplete and request in writing any additional information that the agency needs to determine that the application is complete and begin preparation of an environmental document. If an agency determines an application is complete under subparagraph (A)(i), the agency shall, not later than 60 days after the date on which the agency makes such determination— notify the applicant that the agency has determined that the proposed agency action is excluded pursuant to one of the agency’s categorical exclusions, is not a major Federal action, or that no further agency action is required; issue a notice of intent to prepare an environmental impact statement for such proposed agency action; or notify the applicant that the agency has determined that preparation of an environmental assessment is necessary. If the agency requests additional information under subparagraph (A)(ii), the deadline described in clause
(i)shall be based on the date on which the agency receives the additional information instead of the date on which the determination is made. Not later than 21 days after a lead agency issues a notice of intent under paragraph (1)(B)(i)(II) or notifies an applicant under paragraph (1)(B)(i)(III) with respect to a proposed agency action, the lead agency shall— identify all agencies that are likely to have environmental review, authorization, or other responsibilities with respect to the proposed agency action; and invite each such agency to become a cooperating agency. Not later than 21 days after an agency receives an invitation to become a cooperating agency under subparagraph (A)(ii), such agency shall accept or deny the invitation. Not later than 7 days after the deadline described in subparagraph
(B)has passed for each agency that received an invitation to become a cooperating agency under subparagraph (A)(ii), the lead agency that sent each such invitation shall convene each agency that accepts such an invitation to coordinate on developing the schedule under subsection (a)(2)(D) for the applicable proposed agency action. In the event that an agency that has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposed agency action is not identified under subparagraph (A)(i), the lead agency with respect to the proposed agency action shall— invite such unidentified agency to become a cooperating agency by not later than 7 days after becoming aware that the agency has jurisdiction by law or special expertise; and if such agency accepts the invitation, incorporate such agency into the schedule developed under subsection (a)(2)(D) and update such schedule accordingly by not later than 14 days after the date on which such agency accepts the invitation. ; in paragraph
(3)(as so redesignated)— by striking and inserting In general ; and Review timeline by striking
(2)and inserting
(5); by inserting after paragraph
(3)(as so redesignated) the following: For any proposed agency action for which an applicant submitted an application for an authorization to an agency, not later than 30 days after completing an environmental impact statement or an environmental assessment for the proposed agency action, the lead agency, and any cooperating agency, shall issue a final agency action. The agency issuing such final agency action shall include in the final agency action a performance schedule for the completion of any other outstanding authorizations. ; in paragraph
(5)(as so redesignated)— by striking the deadline described in paragraph
(1)and inserting a deadline described in this subsection ; and 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
(6)(as so redesignated)— 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
(5)may not obtain judicial 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. ; and by adding at the end the following: In carrying out an environmental review, the lead agency and each cooperating agency shall carry out the obligations of that agency under other applicable laws concurrently, and in conjunction, with other required reviews for the proposed agency action, pursuant to the requirements of applicable law, including, if applicable, under this Act. . Section 108 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336b ) is amended— by striking When an agency prepares and inserting the following: When an agency prepares ; in paragraph (1), by striking 5 and inserting 10 ; in paragraph (2), by striking 5 and inserting 10 ; and by adding at the end the following: A lead agency may satisfy the requirements of this Act with respect to a major Federal action by relying on an environmental assessment, environmental impact statement, or a categorical exclusion determination that the lead agency, another Federal agency, or a project sponsor under the supervision of a Federal agency completed for another major Federal action if the lead agency determines that— the new major Federal action is substantially the same as the other major Federal action or, if applicable, an alternative analyzed in such environmental assessment or environmental impact statement; and if applicable, the effects of the new major Federal action are substantially the same as the effects analyzed in such environmental assessment or environmental impact statement. If a new major Federal action is not substantially the same as another major Federal action or an alternative analyzed in an environmental assessment or environmental impact statement completed by the lead agency, another Federal agency, or a project sponsor under the supervision of a Federal agency, the lead agency may modify or augment any such previously completed environmental assessment or environmental impact statement as necessary to satisfy the requirements of this Act with respect to the new major Federal action. The lead agency shall make such modified environmental assessment or environmental impact statement publicly available as a new environmental assessment or environmental impact statement. . 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 . Section 111 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336e ) is amended— by redesignating paragraphs
(1)through
(13)as paragraphs
(2)through (14), respectively; by inserting before paragraph
(2)(as so redesignated) the following: The term authorization means any lease, right-of-way, easement, license, permit, approval, finding, determination, or other administrative decision issued by an agency or any interagency consultation that is required or authorized under Federal law in order to construct, modify, or operate a project. ; in paragraph
(2)(as so redesignated), by inserting , or Congress deems by statute, after Federal agency has determined ; in paragraph
(11)(as so redesignated)— in subparagraph (B)— in clause (iii)— by inserting grants (including capitalization grants), cost share awards, 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 an authorization by an agency where the effects of the action or project being permitted or authorized were previously evaluated by another 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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