Sec. 4. Preventing unnecessary delays in environmental reviews
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The Council on Environmental Quality shall, in consultation with relevant Federal agencies— not later than 180 days after the date of enactment of this section, issue guidance to Federal agencies and applicants for authorizations on the implementation of the provisions of this Act; and take such actions as are necessary and within the statutory authority of the Council, including this Act, to facilitate timely and efficient completion of environmental reviews for authorizations.
The Chair of the Council on Environmental Quality (in consultation, as applicable, with the chief environmental review and permitting officers of applicable agencies, and an applicant for an authorization) shall, upon written request to the Council by the applicant, mediate any disputes regarding an environmental review for an authorization. If a dispute remains unresolved by the date that is 30 days after the date on which the dispute was submitted to the Chair of the Council on Environmental Quality, the Chair shall— facilitate a resolution of the dispute; and if necessary (according to the discretion of the Chair) to resolve the dispute in a timely fashion, provide specific direction to the parties to the dispute on how to resolve the dispute by the end of the 60-day period beginning on the date of submission of the dispute to the Chair.
Such direction shall be limited to matters of interagency coordination, scheduling, process management, and other analogous issues with regard to the environmental reviews for the authorization. In carrying out this section, the Chair may not predetermine the results or outcome of any environmental review for an authorization. Any action taken by the Chair of the Council on Environmental Quality pursuant to subsection
(c)shall not be considered a final agency action under chapter 7 of title 5, United States Code. Not later than one year after the date of enactment of this Act, and not less frequently than once every two years thereafter, the Council on Environmental Quality shall submit to the Committees on Energy and Natural Resources and Environment and Public Works of the Senate and to the Committees on Energy and Commerce and Natural Resources of the House of Representatives a report describing— the number and nature of disputes submitted under this section during the preceding year; the time required to resolve such disputes; any such dispute that is not resolved as of the date on which the report is submitted, including the reason why such dispute is not resolved; and recommendations for additional administrative or legislative measures to further reduce unnecessary delays in environmental reviews for authorizations.