,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hccc ,,in ,,the ,,house ,,of ,,representatives ,september #bb1 #bjbj,mr4 ,graves of ,louisiana 7for himself1 ,mr4 ,mc,carthy1 ,mr4 ,scalise1 ,mr4 ,walden1 ,mr4 ,bishop of ,utah1 ,mr4 ,graves of ,missouri1 ,mr4 ,lucas1 ,ms4 ,granger1 ,mr4 ,cole1 ,mr4 ,comer1 ,mr4 ,young1 ,ms4 ,cheney1 ,mr4 ,lamborn1 ,mr4 ,johnson of ,louisiana1 ,mr4 ,stauber1 ,mr4 ,curtis1 ,mr4 ,gosar1 ,mr4 ,kevin ,hern of ,oklahoma1 ,mr4 ,cook1 ,mr4 ,mc,clintock1 ,mr4 ,westerman1 ,mr4 ,rodney ,davis of ,illinois1 ,mr4 ,newhouse1 ,mr4 ,carter of ,georgia1 ,mrs4 ,radewagen1 ,mr4 ,fulcher1 and ,mr4 ,hice of ,georgia7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to amend the ,national ,environmental ,policy ,act of #aifi to clarify ambiguous provisions1 align the ,act with relevant case law1 reflect modern technologies1 optimize interagency coordination1 and facilitate a more efficient1 effective1 and timely environmental review process4 #a4 ,short title ,this ,act may be cited as the ,,builder ,act of #bjbj or the ,building ,united ,states ,infrastructure through ,limited ,delays and ,efficient ,reviews ,act of #bjbj4 #b4 ,national ,environmental ,policy ,act of #aifi 7a7 ,paragraph 7#b7 of section #ajb ,section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 is amended-- 7#a7 in subparagraph 7,a71 by striking insure and inserting ensure2 7#b7 in subparagraph 7,b71 by striking insure and inserting ensure2 7#c7 in subparagraph 7,c7-- 7,a7 by inserting consistent with the provisions of this ,act and except as provided by other provisions of law1 before include in every2 7,b7 by striking clauses 7i7 through 7v7 and inserting the following3 7i7 reasonably foreseeable environmental effects with a reasonably close causal relationship to the proposed agency action2 7ii7 any reasonably foreseeable adverse environmental effects which cannot be avoided should the proposal be implemented2 7iii7 a reasonable number of alternatives to the proposed agency action that are technically and economically feasible1 are within the jurisdiction of the agency1 meet the purpose and need of the proposed agency action1 and1 where applicable1 meet the goals of the applicant2 7iv7 the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity2 and 7v7 any irreversible and irretrievable commitments of ,federal resources which would be involved in the proposed agency action should it be implemented4 2 and 7,c7 by striking the responsible ,federal official and inserting the head of the lead agency2 7#d7 in subparagraph 7,d71 by striking ,any and inserting any2 7#e7 by redesignating subparagraphs 7,d7 through 7,i7 as subparagraphs 7,f7 through 7,k71 respectively2 7#f7 by inserting after subparagraph 7,c7 the following3 7,d7 ensure the professional integrity1 including scientific integrity1 of the discussion and analysis in an environmental document2 7,e7 make use of reliable existing data and resources in carrying out this ,act2 2 7#g7 in subparagraph 7,g71 as amended1 by inserting consistent with the provisions of this ,act1 before study12 and 7#h7 in subparagraph 7,h71 as amended1 by inserting consistent with the provisions of this ,act before recognize4 7b7 ,new sections ,title ,i of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 is amended by adding at the end the following3 #ajf4 ,procedure for determination of level of review 7a7 ,threshold determinations ,an agency is not required to prepare an environmental document with respect to a proposed agency action if-- 7#a7 such action is not a final agency action within the meaning of such term in chapter #e of title #e1 ,united ,states ,code2 7#b7 such proposed agency action is covered by a categorical exclusion established by a ,federal agency2 7#c7 the preparation of such document would clearly and fundamentally conflict with the requirements of another provision of law2 7#d7 the proposed agency action is1 in whole or in part1 a nondiscretionary action with respect to which such agency does not have authority to take environmental factors into consideration in determining whether to take the proposed action2 or 7#e7 the proposed agency action is an action for which such agency's compliance with another statute's requirements serve the same function as the requirements of this ,act with respect to such action4 7b7 ,levels of review 7#a7 ,environmental impact statement ,an agency shall issue an environmental impact statement with respect to a proposed agency action that has a significant effect on the quality of the human environment4 7#b7 ,environmental assessment ,an agency shall issue an environmental assessment with respect to a proposed agency action that is not likely to have a significant effect on the quality of the human environment1 or if the significance of such effect is unknown4 ,such environmental assessment shall be a concise public document prepared by a ,federal agency to provide notice to the public for the basis of such agency's finding of no significant impact4 7#c7 ,sources of information ,in making a determination under this subsection1 an agency-- 7,a7 may make use of any reliable data source2 and 7,b7 is not required to undertake new scientific or technical research4 #ajg4 ,timely and unified ,federal reviews 7a7 ,lead agency 7#a7 ,designation ,if there are two or more involved ,federal agencies1 such agencies shall determine1 by letter or memorandum1 which agency shall be the lead agency based on consideration of the following factors3 7,a7 ,magnitude of agency's involvement4 7,b7 ,project approval or disapproval authority4 7,c7 ,expertise concerning the action's environmental effects4 7,d7 ,duration of agency's involvement4 7,e7 ,sequence of agency's involvement4 7#b7 ,joint lead agencies ,in making a determination under paragraph 7#a71 the involved ,federal agencies may1 in addition to a ,federal agency1 appoint such ,federal1 ,state1 ,tribal1 or local agencies as joint lead agencies as the involved ,federal agencies shall determine appropriate4 ,joint lead agencies shall jointly fulfill the role described in paragraph 7#c74 7#c7 ,role ,a lead agency shall1 with respect to a proposed agency action-- 7,a7 supervise the preparation of an environmental document if1 with respect to such proposed agency action1 there is more than one involved ,federal agency2 7,b7 request the participation of each cooperating agency2 7,c7 in preparing an environmental document1 give consideration to any analysis or proposal created by a cooperating agency with jurisdiction by law or special expertise2 7,d7 develop a schedule1 in consultation with each involved cooperating agency and such other entities as the lead agency determines appropriate1 for completion of any environmental review1 permit1 or authorization required to carry out the proposed agency action2 7,e7 if the lead agency determines that a review1 permit1 or authorization will not be completed in accordance with the schedule developed under subparagraph 7,d71 notify the agency responsible for issuing such review1 permit1 or authorization of the discrepancy and request that such agency take such measures as such agency determines appropriate to comply with such schedule2 and 7,f7 meet with a cooperating agency that requests such a meeting4 7#d7 ,cooperating agency ,the lead agency may1 with respect to a proposed agency action1 designate any involved ,federal agency or a ,state1 ,tribal1 or local agency as a cooperating agency4 ,a cooperating agency may1 not later than a date specified by the lead agency1 submit comments to the lead agency4 ,such comments shall be limited to matters relating to the proposed agency action with respect to which such agency has special expertise or jurisdiction by law with respect to an environmental issue4 7#e7 ,request for designation ,any ,federal1 ,state1 ,tribal1 or local agency or person that is substantially affected by the lack of a designation of a lead agency with respect to a proposed agency action under paragraph 7#a7 may submit a written request for such a designation to an involved ,federal agency4 ,an agency that receives a request under this paragraph shall transmit such request to each involved ,federal agency and to the ,council4 7#f7 ,council designation 7,a7 ,request ,not earlier than #de days after the date on which a request is submitted under paragraph 7#e71 if no designation has been made under paragraph 7#a71 a ,federal1 ,state1 ,tribal1 or local agency or person that is substantially affected by the lack of a designation of a lead agency may request that the ,council designate a lead agency4 ,such request shall consist of-- 7i7 a precise description of the nature and extent of the proposed agency action2 and 7ii7 a detailed statement with respect to each involved ,federal agency and each factor listed in paragraph 7#a7 regarding which agency should serve as lead agency4 7,b7 ,transmission ,the ,council shall transmit a request received under subparagraph 7,a7 to each involved ,federal agency4 7,c7 ,response ,an involved ,federal agency may1 not later than #bj days after the date of the submission of a request under subparagraph 7,a71 submit to the ,council a response to such request4 7,d7 ,designation ,not later than #dj days after the date of the submission of a request under subparagraph 7,a71 the ,council shall designate the lead agency with respect to the relevant proposed agency action4 7b7 ,one document ,to the extent practicable1 if there are #b or more involved ,federal agencies with respect to a proposed agency action and the lead agency has determined that section #ajb7b77;,c7 requires the issuance of an environmental document1 such requirement shall be deemed satisfied with respect to all involved ,federal agencies if the lead agency issues such an environmental document4 7c7 ,request for public comment ,each notice of intent to prepare an environmental impact statement under section #ajb shall include a request for public comment on potential alternatives or impacts and on relevant information1 studies1 or analyses with respect to the proposed agency action4 7d7 ,statement of purpose and need ,each environmental impact statement shall include a statement of purpose and need that briefly summarizes the underlying purpose and need for the proposed agency action4 7e7 ,estimated total cost ,the cover sheet for each environmental impact statement shall include a statement of the estimated total cost of preparing such environmental impact statement1 including the costs of agency full-time equivalent personnel hours1 contractor costs1 and other direct costs4 7f7 ,sponsor preparation ,a lead agency may allow a project sponsor to prepare an environmental assessment or an environmental impact statement1 if such agency provides such sponsor with appropriate guidance and assists in the preparation4 ,the lead agency shall independently evaluate the environmental document and shall take responsibility for the contents upon adoption4 7g7 ,deadlines 7#a7 ,issuance of environmental impact statement ,except as provided in paragraph 7#b71 with respect to a proposed agency action1 a lead agency shall complete-- 7,a7 the environmental impact statement not later than the date that is #b years after the date on which such agency determines that section #ajb7b77;,c7 requires the issuance of an environmental impact statement with respect to such action2 or 7,b7 the environmental assessment not later than the date that is #a year after the date on which such agency determines that such #ajb7b77;,c7 requires the issuance of an environmental assessment with respect to such action4 7#b7 ,delay ,a lead agency that determines it is not able to meet the deadline described in paragraph 7#a7 may approve a delay of such deadline in writing and establish a new timeline that provides only so much additional time as is necessary to complete such environmental impact statement or environmental assessment4 #ajh4 ,judicial review 7a7 ,limitations on claims ,notwithstanding any other provision of law1 a claim arising under ,federal law seeking judicial review of compliance with this ,act1 of a determination made under this ,act1 or of ,federal action resulting from a determination made under this ,act1 shall be barred unless-- 7#a7 in the case of a claim pertaining to a proposed agency action for which-- 7,a7 an environmental document was prepared and an opportunity for comment was provided2 7,b7 the claim is filed by a party that participated in the administrative proceedings regarding such environmental document2 or 7,c7 the claim is filed by a party that submitted a comment during the public comment period for such administrative proceedings and such comment was sufficiently detailed to put the lead agency on notice of the issue upon which the party seeks judicial review2 7#b7 except as provided in subsection 7b71 such claim is filed not later than #abj days after the date of publication of a notice in the ,federal ,register of agency intent to carry out the proposed agency action2 7#c7 such claim is filed after the issuance of a record of decision or other final agency action with respect to the relevant proposed agency action2 and 7#d7 such claim does not challenge the establishment of a categorical exclusion under section #ajb4 7b7 ,supplemental environmental impact statement 7#a7 ,separate final agency action ,the issuance of a supplemental environmental impact statement shall be considered a final agency action for the purposes of chapter #e of title #e1 ,united ,states ,code1 separate from the issuance of any previous environmental impact statement with respect to the same proposed agency action4 7#b7 ,deadline for filing a claim ,a claim seeking judicial review of a supplemental environmental review issued under section #ajb7b77;,c7 shall be barred unless-- 7,a7 such claim is filed within #abj days of the date on which such supplemental environmental impact statement is issued2 and 7,b7 such claim is based on information contained in such supplemental environmental impact statement that was not contained in a previous environmental document pertaining to the same proposed agency action4 7c7 ,prohibition on injunctive relief ,notwithstanding any other provision of law1 a violation of this ,act shall not constitute the basis for injunctive relief4 7d7 ,rule of construction ,nothing in this subsection shall be construed to create a right of judicial review or place any limit on filing a claim with respect to the violation of the terms of a permit1 license1 or approval4 #aji4 ,definitions ,in this title3 7#a7 ,categorical exclusion ,the term categorical exclusion means a category of actions that a ,federal agency has determined normally does not significantly affect the quality of the human environment within the meaning of section #ajb7b77;,c74 7#b7 ,cooperating agency ,the term cooperating agency means any ,federal1 ,state1 ,tribal1 or local agency that has been designated as a cooperating agency under section #ajg7;a77#d74 7#c7 ,council ,the term ,council means the ,council on ,environmental ,quality established in title ,,ii4 7#d7 ,environmental assessment ,the term environmental assessment means an environmental assessment prepared under section #ajf7;b77#b74 7#e7 ,environmental document ,the term environmental document means an environmental impact statement1 an environmental assessment1 or a finding of no significant impact4 7#f7 ,environmental impact statement ,the term environmental impact statement means a detailed written statement that is required by section #ajb7b77;,c7 of this ,act4 7#g7 ,finding of no significant impact ,the term finding of no significant impact means a determination by a ,federal agency that a proposed agency action does not require the issuance of an environmental impact statement4 7#h7 ,involved ,federal agency ,the term involved ,federal agency means an agency that1 with respect to a proposed agency action-- 7,a7 proposed such action2 or 7,b7 is involved in such action because such action is directly related1 through functional interdependence or geographic proximity1 in an action such agency has taken or has proposed to take4 7#i7 ,lead agency ,the term lead agency means1 with respect to a proposed agency action-- 7,a7 the agency that proposed such action2 or 7,b7 if there are #b or more involved ,federal agencies with respect to such action1 the agency designated under section #ajg7;a74 7#aj7 ,major ,federal action 7,a7 ,in general ,the term major ,federal action means an action that the agency carrying out such action determines is subject to ,federal control and responsibility4 7,b7 ,exclusion ,the term major ,federal action does not include-- 7i7 a non-,federal action with minimal ,federal funding or minimal ,federal involvement where a ,federal agency cannot control the outcome of the project2 7ii7 funding assistance solely in the form of general revenue sharing funds with no ,federal agency control over the subsequent use of such funds2 7iii7 loans1 loan guarantees1 or other forms of financial assistance where a ,federal agency does not exercise sufficient control and responsibility over the effect of the action2 7iv7 farm ownership and operating loan guarantees by the ,farm ,service ,agency pursuant to sections #cje and #caa through #cai of the ,consolidated ,farmers ,home ,administration ,act of #aifa 7#g ,u4,s4,c4 #aibe and #aida through #aidi72 7v7 business loan guarantees provided by the ,small ,business ,administration pursuant to section #g7;a7 or 7b7 and of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 or title ,v of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fie et seq472 or 7vi7 bringing judicial or administrative civil or criminal enforcement actions4 7#aa7 ,reasonably foreseeable ,the term reasonably foreseeable means sufficiently likely to occur such that an individual of ordinary prudence would take such occurrence into account in reaching a decision4 4