,,ii #aafth ,,congress #b;d ,session ,s4 #dhfb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bf 7legislative day1 ,october #ai71 #bjbj,mr4 ,lee 7for himself1 ,mr4 ,cramer1 and ,mr4 ,cruz7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,national ,environmental ,policy ,act of #aifi to impose time limits on the completion of certain required actions under the ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,undoing ,,nepa's ,substantial ,harm by ,advancing ,concepts that ,kickstart the ,liberation of the ,economy ,act of #bjbj or the ,,unshackle ,act of #bjbj4 #b4 ,national ,environmental ,policy ,act modifications 7a7 ,applicable timelines ,title ,i of the ,national ,environmental ,policy ,act of #aifi is amended-- 7#a7 by redesignating section #aje 7#db ,u4,s4,c4 #dcce7 as section #ajh2 and 7#b7 by inserting after section #ajd 7#db ,u4,s4,c4 #dccd7 the following3 #aje4 ,process requirements 7a7 ,definitions ,in this section3 7#a7 ,federal agency ,the term ,federal agency includes a ,state that has assumed the responsibility of a ,federal agency under-- 7,a7 section #ajg2 or 7,b7 section #cbg of title #bc1 ,united ,states ,code4 7#b7 ,head of a ,federal agency ,the term head of a ,federal agency includes the governor or head of an applicable ,state agency of a ,state that has assumed the responsibility of a ,federal agency under-- 7,a7 section #ajg2 or 7,b7 section #cbg of title #bc1 ,united ,states ,code4 7b7 ,applicable timelines 7#a7 ,,nepa process 7,a7 ,in general ,the head of a ,federal agency shall complete the ,,nepa process for a proposed action of the ,federal agency1 as described in section #aji7c77;,b77ii71 not later than #b years after the date described in section #aji7c77;,b77i74 7,b7 ,environmental documents ,within the period described in subparagraph 7,a71 not later than #a year after the date described in section #aji7c77;,b77i71 the head of the ,federal agency shall1 with respect to the proposed action-- 7i7 issue-- 7,i7 a finding that a categorical exclusion applies to the proposed action2 or 7,,ii7 a finding of no significant impact2 or 7ii7 publish a notice of intent to prepare an environmental impact statement in the ,federal ,register4 7,c7 ,environmental impact statement ,if the head of a ,federal agency publishes a notice of intent described in subparagraph 7,b77ii71 within the period described in subparagraph 7,a7 and not later than #a year after the date on which the head of the ,federal agency publishes the notice of intent1 the head of the ,federal agency shall complete the environmental impact statement and1 if necessary1 any supplemental environmental impact statement for the proposed action4 7,d7 ,penalties 7i7 ,definitions ,in this subparagraph3 7,i7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7,,ii7 ,federal agency ,the term ,federal agency does not include a ,state4 7,,iii7 ,final ,,nepa compliance date ,the term final ,,nepa compliance date1 with respect to a proposed action1 means the date by which the head of a ,federal agency is required to complete the ,,nepa process under subparagraph 7,a74 7,,iv7 ,head of a ,federal agency ,the term head of a ,federal agency does not include the governor or head of a ,state agency of a ,state4 7,v7 ,initial ,,eis compliance date ,the term initial ,,eis compliance date1 with respect to a proposed action for which a ,federal agency published a notice of intent described in subparagraph 7,b77ii71 means the date by which an environmental impact statement for that proposed action is required to be completed under subparagraph 7,c74 7,,vi7 ,initial ,,nepa compliance date ,the term initial ,,nepa compliance date1 with respect to a proposed action1 means the date by which the head of a ,federal agency is required to issue or publish a document described in subparagraph 7,b7 for that proposed action under that subparagraph4 7,,vii7 ,initial noncompliance determination ,the term initial noncompliance determination means a determination under clause 7ii77,i77bb7 that the head of a ,federal agency has not complied with the requirements of subparagraph 7,a71 7,b71 or 7,c74 7ii7 ,initial noncompliance 7,i7 ,determination 7aa7 ,notification ,as soon as practicable after the date described in section #aji7c77;,b77i7 for a proposed action of a ,federal agency1 the head of the ,federal agency shall notify the ,director that the head of the ,federal agency is beginning the ,,nepa process for that proposed action4 7bb7 ,determinations of compliance 7,,aa7 ,initial determination ,as soon as practicable after the initial ,,nepa compliance date for a proposed action1 the ,director shall determine whether1 as of the initial ,,nepa compliance date1 the head of the ,federal agency has complied with subparagraph 7,b7 for that proposed action4 7,,bb7 ,environmental impact statement ,with respect to a proposed action of a ,federal agency in which the head of the ,federal agency publishes a notice of intent described in subparagraph 7,b77ii71 as soon as practicable after the initial ,,eis compliance date for a proposed action1 the ,director shall determine whether1 as of the initial ,,eis compliance date1 the head of the ,federal agency has complied with subparagraph 7,c7 for that proposed action4 7,,cc7 ,completion of ,,nepa process ,as soon as practicable after the final ,,nepa compliance date for a proposed action1 the ,director shall determine whether1 as of the final ,,nepa compliance date1 the head of the ,federal agency has complied with subparagraph 7,a7 for that proposed action4 7,,ii7 ,identification2 penalty2 notification ,if the ,director makes an initial noncompliance determination for a proposed action-- 7aa7 the ,director shall identify the account for the salaries and expenses of the office of the head of the ,federal agency1 or an equivalent account2 7bb7 beginning on the day after the date on which the ,director makes the initial noncompliance determination1 the amount that the head of the ,federal agency may obligate from the account identified under item 7aa7 for the fiscal year during which the determination is made shall be reduced by #j4e percent from the amount initially made available for the account for that fiscal year2 and 7cc7 the ,director shall notify the head of the ,federal agency of-- 7,,aa7 the initial noncompliance determination2 7,,bb7 the account identified under item 7aa72 and 7,,cc7 the reduction under item 7bb74 7iii7 ,continued noncompliance 7,i7 ,determination ,every #ij days after the date of an initial noncompliance determination1 the ,director shall determine whether the head of the ,federal agency has complied with the applicable requirements of subparagraphs 7,a7 through 7,c7 for the proposed action1 until the date on which the ,director determines that the head of the ,federal agency has completed the ,,nepa process for the proposed action4 7,,ii7 ,penalty2 notification ,for each determination made by the ,director under subclause 7,i7 that the head of a ,federal agency has not complied with a requirement of subparagraph 7,a71 7,b71 or 7,c7 for a proposed action-- 7aa7 the amount that the head of the ,federal agency may obligate from the account identified under clause 7ii77,,ii77aa7 for the fiscal year during which the most recent determination under subclause 7,i7 is made shall be reduced by #j4e percent from the amount initially made available for the account for that fiscal year2 and 7bb7 the ,director shall notify the head of the ,federal agency of-- 7,,aa7 the determination under subclause 7,i72 and 7,,bb7 the reduction under item 7aa74 7iv7 ,requirements 7,i7 ,amounts not restored ,a reduction in the amount that the head of a ,federal agency may obligate under clause 7ii77,,ii77bb7 or 7iii77,,ii77aa7 during a fiscal year shall not be restored for that fiscal year1 without regard to whether the head of a ,federal agency completes the ,,nepa process for the proposed action with respect to which the ,director made an initial noncompliance determination or a determination under clause 7iii77,i74 7,,ii7 ,required timelines ,the violation of subparagraph 7,b7 or 7,c71 and any action carried out to remediate or otherwise address the violation1 shall not affect any other applicable compliance date under subparagraph 7,a71 7,b71 or 7,c74 7,e7 ,unexpected circumstances ,if1 while carrying out a proposed action after the completion of the ,,nepa process for that proposed action1 a ,federal agency or project sponsor encounters a new or unexpected circumstance or condition that may require the reevaluation of the proposed action under this title1 the head of the ,federal agency with responsibility for carrying out the ,,nepa process for the proposed action shall-- 7i7 consider whether mitigating the new or unexpected circumstance or condition is sufficient to avoid significant effects that may result from the circumstance or condition2 and 7ii7 if the head of the ,federal agency determines under clause 7i7 that the significant effects that result from the circumstance or condition can be avoided1 mitigate the circumstance or condition without carrying out the ,,nepa process again4 7#b7 ,authorizations and permits 7,a7 ,in general ,not later than #ij days after the date described in section #aji7c77;,b77ii71 the head of a ,federal agency shall issue-- 7i7 any necessary permit or authorization to carry out the proposed action2 or 7ii7 a denial of the permit or authorization necessary to carry out the proposed action4 7,b7 ,effect of failure to issue authorization or permit ,if a permit or authorization described in subparagraph 7,a7 is not issued or denied within the period described in that subparagraph1 the permit or authorization shall be considered to be approved4 7,c7 ,denial of permit or authorization 7i7 ,in general ,if a permit or authorization described in subparagraph 7,a7 is denied1 the head of the ,federal agency shall describe to the project sponsor-- 7,i7 the basis of the denial2 and 7,,ii7 recommendations for the project sponsor with respect to how to address the reasons for the denial4 7ii7 ,recommended changes ,if the project sponsor carries out the recommendations of the head of the ,federal agency under clause 7i77,,ii7 and notifies the head of the ,federal agency that the recommendations have been carried out1 the head of the ,federal agency-- 7,i7 shall decide whether to issue the permit or authorization described in subparagraph 7,a7 not later than #ij days after date on which the project sponsor submitted the notification2 and 7,,ii7 shall not carry out the ,,nepa process with respect to the proposed action again4 4 7b7 ,agency process reforms ,section #aje of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 7as added by subsection 7a77#b77 is amended by adding at the end the following3 7c7 ,prohibitions ,in carrying out the ,,nepa process1 the head of a ,federal agency may not-- 7#a7 consider whether a proposed action or an alternative to the proposed action considered by the head of the ,federal agency1 including the design1 environmental impact1 mitigation measures1 or adaptation measures of the proposed action or alternative to the proposed action1 has an effect on climate change2 7#b7 with respect to a proposed action or an alternative to the proposed action considered by the head of the ,federal agency1 consider the effects of the emission of greenhouse gases on climate change2 7#c7 consider an alternative to the proposed action if the proposed action is not technically or economically feasible to the project sponsor2 or 7#d7 consider an alternative to the proposed action that is not within the jurisdiction of the ,federal agency4 7d7 ,environmental documents 7#a7 ,,eis required ,in carrying out the ,,nepa process for a proposed action that requires the preparation of an environmental impact statement1 the head of a ,federal agency shall produce for the proposed action not more than #a-- 7,a7 environmental impact statement2 7,b7 if necessary1 environmental assessment2 and 7,c7 record of decision4 7#b7 ,,eis not required ,in carrying out the ,,nepa process for a proposed action that does not require the preparation of an environmental impact statement1 the head of a ,federal agency shall produce for the proposed action not more than #a-- 7,a7 environmental assessment2 or 7,b7 finding of no significant impact4 7e7 ,categorical exclusions 7#a7 ,in general ,notwithstanding any other provision of law and subject to paragraph 7#b71 the head of a ,federal agency may1 without further approval1 use a categorical exclusion under this title that has been approved by-- 7,a7 7i7 another ,federal agency2 and 7ii7 the ,council on ,environmental ,quality2 or 7,b7 an ,act of ,congress4 7#b7 ,requirements ,the head of a ,federal agency may use a categorical exclusion described in paragraph 7#a7 if the head of the ,federal agency-- 7,a7 carefully reviews the description of the proposed action to ensure that it fits within the category of actions described in the categorical exclusion2 and 7,b7 considers the circumstances associated with the proposed action to ensure that there are no extraordinary circumstances that warrant the preparation of an environmental assessment or an environmental impact statement4 7#c7 ,extraordinary circumstances ,if the head of a ,federal agency determines that extraordinary circumstances are present with respect to a proposed action1 the head of the ,federal agency shall-- 7,a7 consider whether mitigating circumstances or other conditions are sufficient to avoid significant effects of the proposed action2 and 7,b7 if the head of the ,federal agency determines that those significant effects can be avoided1 apply a categorical exclusion to the proposed action4 7f7 ,reuse of work2 documents prepared by qualified #crd parties 7#a7 ,in general ,in carrying out the ,,nepa process for a proposed action-- 7,a7 subject to paragraph 7#b71 the head of a ,federal agency shall-- 7i7 use any applicable findings and research from a prior ,,nepa process of any ,federal agency2 and 7ii7 incorporate the findings and research described in clause 7i7 into any applicable analysis under the ,,nepa process2 and 7,b7 a ,federal agency may adopt as an environmental impact statement1 environmental assessment1 or other environmental document to achieve compliance with this title-- 7i7 an environmental document prepared under the law of the applicable ,state if the head of the ,federal agency determines that the environmental laws of the applicable ,state-- 7,i7 provide the same level of environmental analysis as the analysis required under this title2 and 7,,ii7 allow for the opportunity of public comment2 or 7ii7 subject to paragraph 7#c71 an environmental document prepared by a qualified third party chosen by the project sponsor1 at the expense of the project sponsor1 if the head of the ,federal agency-- 7,i7 provides oversight of the preparation of the environmental document by the third party2 and 7,,ii7 independently evaluates the environmental document for the compliance of the environmental document with this title4 7#b7 ,requirement for the reuse of findings and research ,the head of a ,federal agency may reuse the applicable findings and research described in paragraph 7#a77;,a7 if-- 7,a7 7i7 the project for which the head of the ,federal agency is seeking to reuse the findings and research was in close geographic proximity to the proposed action2 and 7ii7 the head of the ,federal agency determines that the conditions under which the applicable findings and research were issued have not substantially changed2 or 7,b7 7i7 the project for which the head of the ,federal agency is seeking to reuse the findings and research was not in close geographic proximity to the proposed action2 and 7ii7 the head of the ,federal agency determines that the proposed action has similar issues or decisions as the project4 7#c7 ,requirements for creation of environmental document by qualified #crd parties 7,a7 ,in general ,a qualified third party may prepare an environmental document intended to be adopted by a ,federal agency as the environmental impact statement1 environmental assessment1 or other environmental document for a proposed action under paragraph 7#a77;,b77ii7 if-- 7i7 the project sponsor submits a written request to the head of the applicable ,federal agency that the head of the ,federal agency approve the qualified third party to create the document intended to be adopted by a ,federal agency as the environmental impact statement1 environmental assessment1 or other environmental document2 and 7ii7 the head of the ,federal agency determines that-- 7,i7 the third party is qualified to prepare the document2 and 7,,ii7 the third party has no financial or other interest in the outcome of the proposed action4 7,b7 ,deadline ,the head of a ,federal agency that receives a written request under subparagraph 7,a77i7 shall issue a written decision approving or denying the request not later than #cj days after the date on which the written request is received4 7,c7 ,no prior work ,the head of a ,federal agency may not adopt an environmental document under paragraph 7#a77;,b77ii7 if the qualified third party began preparing the document prior to the date on which the head of the ,federal agency issues the written decision under subparagraph 7,b7 approving the request4 7,d7 ,denials ,if the head of a ,federal agency issues a written decision denying the request under subparagraph 7,a77i71 the head of the ,federal agency shall submit to the project sponsor with the written decision the findings that served as the basis of the denial4 7g7 ,multi-,agency projects 7#a7 ,definitions ,in this subsection3 7,a7 ,cooperating agency ,the term cooperating agency means a ,federal agency involved in a proposed action that-- 7i7 is not the lead agency2 and 7ii7 has the jurisdiction or special expertise such that the ,federal agency needs to be consulted-- 7,i7 to use a categorical exclusion2 or 7,,ii7 to prepare an environmental assessment or environmental impact statement1 as applicable4 7,b7 ,lead agency ,the term lead agency means the ,federal agency selected under paragraph 7#b77;,a74 7#b7 ,agency designation 7,a7 ,lead agency ,in carrying out the ,,nepa process for a proposed action that requires authorization from multiple ,federal agencies1 the heads of the applicable ,federal agencies shall determine the lead agency for the proposed action4 7,b7 ,invitation ,the head of the lead agency may invite any relevant ,state1 local1 or ,tribal agency with ,federal authorization decision responsibility to be a cooperating agency4 7#c7 ,responsibilities of lead agency ,the lead agency for a proposed action shall-- 7,a7 as soon as practicable and in consultation with the cooperating agencies1 determine whether a proposed action requires the preparation of an environmental impact statement2 and 7,b7 if the head of the lead agency determines under subparagraph 7,a7 that an environmental impact statement is necessary-- 7i7 be responsible for coordinating the preparation of an environmental impact statement2 7ii7 provide cooperating agencies with an opportunity to review and contribute to the preparation of the environmental impact statement and environmental assessment1 as applicable1 of the proposed action1 except that the cooperating agency shall limit comments to issues within the special expertise or jurisdiction of the cooperating agency2 and 7iii7 subject to subsection 7c71 as soon as practicable and in consultation with the cooperating agencies1 determine the range of alternatives to be considered for the proposed action4 7#d7 ,environmental documents ,in carrying out the ,,nepa process for a proposed action1 the lead agency shall prepare not more than #a of each type of document described in paragraph 7#a7 or 7#b7 of subsection 7d71 as applicable-- 7,a7 in consultation with cooperating agencies2 and 7,b7 for all applicable ,federal agencies4 7#e7 ,prohibitions 7,a7 ,in general ,a cooperating agency may not evaluate an alternative to the proposed action that has not been determined to be within the range of alternatives considered under paragraph 7#c77;,b77iii74 7,b7 ,omission ,if a cooperating agency submits to the lead agency an evaluation of an alternative that does not meet the requirements of subsection 7c71 the lead agency shall omit the alternative from the environmental impact statement4 7h7 ,reports 7#a7 ,,nepa data 7,a7 ,in general ,the head of each ,federal agency that carries out the ,,nepa process shall carry out a process to track1 and annually submit to ,congress a report containing1 the information described in subparagraph 7,b74 7,b7 ,information described ,the information referred to in subparagraph 7,a7 is1 with respect to the ,federal agency issuing the report under that subparagraph-- 7i7 the number of proposed actions for which a categorical exclusion was issued during the reporting period2 7ii7 the length of time the ,federal agency took to issue the categorical exclusions described in clause 7i72 7iii7 the number of proposed actions pending on the date on which the report is submitted for which the issuance of a categorical exclusion is pending2 7iv7 the number of proposed actions for which an environmental assessment was issued during the reporting period2 7v7 the length of time the ,federal agency took to complete each environmental assessment described in clause 7iv72 7vi7 the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted2 7vii7 the number of proposed actions for which an environmental impact statement was issued during the reporting period2 7viii7 the length of time the ,federal agency took to complete each environmental impact statement described in clause 7vii72 and 7ix7 the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted4 7#b7 ,,nepa costs 7,a7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,chair of the ,council on ,environmental ,quality and the ,director of the ,office of ,management and ,budget shall jointly develop a methodology to assess the comprehensive costs of the ,,nepa process4 7,b7 ,requirements ,the head of each ,federal agency that carries out the ,,nepa process shall-- 7i7 adopt the methodology developed under subparagraph 7,a72 and 7ii7 use the methodology developed under subparagraph 7,a7 to annually submit to ,congress a report describing-- 7,i7 the comprehensive cost of the ,,nepa process for each proposed action that was carried out within the reporting period2 and 7,,ii7 for a proposed action for which the head of the ,federal agency is still completing the ,,nepa process at the time the report is submitted-- 7aa7 the amount of money expended to date to carry out the ,,nepa process for the proposed action2 and 7bb7 an estimate of the remaining costs before the ,,nepa process for the proposed action is complete4 4 7c7 ,legal reforms ,section #aje of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 7as amended by subsection 7b77 is amended by adding at the end the following3 7i7 ,judicial review 7#a7 ,standing ,notwithstanding any other provision of law1 a plaintiff may only bring a claim arising under ,federal law seeking judicial review of a portion of the ,,nepa process if the plaintiff pleads facts that allege that the plaintiff has personally suffered1 or will likely personally suffer1 a direct1 tangible harm as a result of the portion of the ,,nepa process for which the plaintiff is seeking review4 7#b7 ,statute of limitations 7,a7 ,in general ,notwithstanding any other provision of law and except as provided in subparagraph 7,b77ii71 a claim arising under ,federal law seeking judicial review of any portion of the ,,nepa process shall be barred unless it is filed not later than the earlier of-- 7i7 #aej days after the final agency action under the ,,nepa process has been taken2 and 7ii7 if applicable1 an earlier date after which judicial review is barred that is specified in the ,federal law pursuant to which the judicial review is allowed4 7,b7 ,new information 7i7 ,consideration ,a ,federal agency shall consider for the purpose of a supplemental environmental impact statement new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under the regulations of the ,federal agency4 7ii7 ,statute of limitations based on new information ,if a supplemental environmental impact statement is required under the regulations of a ,federal agency1 a claim for judicial review of the supplemental environmental impact statement shall be barred unless it is filed not later than the earlier of-- 7,i7 #aej days after the publication of a notice in the ,federal ,register that the supplemental environmental impact statement is final2 and 7,,ii7 if applicable1 an earlier date after which judicial review is barred that is specified in the ,federal law pursuant to which the judicial review is allowed4 7,c7 ,savings clause ,nothing in this paragraph creates a right to judicial review4 7#c7 ,remedies 7,a7 ,preliminary injunctions and temporary restraining orders 7i7 ,in general ,subject to clause 7ii71 in a motion for a temporary restraining order or preliminary injunction against a ,federal agency or project sponsor in a claim arising under ,federal law seeking judicial review of any portion of the ,,nepa process1 the plaintiff shall establish by clear and convincing evidence that-- 7,i7 the plaintiff is likely to succeed on the merits2 7,,ii7 the plaintiff is likely to suffer irreparable harm in the absence of the temporary restraining order or preliminary injunction1 as applicable2 7,,iii7 the balance of equities is tipped in the favor of the plaintiff2 and 7,,iv7 the temporary restraining order or preliminary injunction is in the public interest4 7ii7 ,additional requirements ,a court may not grant a motion described in clause 7i7 unless the court-- 7,i7 makes a finding of extraordinary circumstances that warrant the granting of the motion2 7,,ii7 considers the potential effects on public health1 safety1 and the environment1 and the potential for significant negative effects on jobs resulting from granting the motion2 and 7,,iii7 notwithstanding any other provision of law1 applies the requirements of ,rule #fe7;c7 of the ,federal ,rules of ,civil ,procedure4 7,b7 ,permanent injunctions 7i7 ,in general ,subject to clause 7ii71 in a motion for a permanent injunction against a ,federal agency or project sponsor a claim arising under ,federal law seeking judicial review of any portion of the ,,nepa process1 the plaintiff shall establish by clear and convincing evidence that-- 7,i7 the plaintiff has suffered an irreparable injury2 7,,ii7 remedies available at law1 including monetary damages1 are inadequate to compensate for the injury2 7,,iii7 considering the balance of hardship between the plaintiff and defendant1 a remedy in equity is warranted2 7,,iv7 the public interest is not disserved by a permanent injunction2 and 7,v7 if the error or omission of a ,federal agency in a statement required under this title is the grounds for which the plaintiff is seeking judicial review1 the error or omission is likely to result in specific1 irreparable damage to the environment4 7ii7 ,additional showing ,a court may not grant a motion described in clause 7i7 unless-- 7,i7 the court makes a finding that extraordinary circumstances exist that warrant the granting of the motion2 and 7,,ii7 the permanent injunction is-- 7aa7 as narrowly tailored as possible to correct the injury2 and 7bb7 the least intrusive means necessary to correct the injury4 4 7d7 ,other reforms ,title ,i of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 is amended by inserting after section #aje 7as amended by subsection 7c77 the following3 #ajf4 ,,epa review 7a7 ,definition of ,federal agency ,in this section1 the term ,federal agency includes a ,state that has assumed the responsibility of a ,federal agency under-- 7#a7 section #ajg2 or 7#b7 section #cbg of title #bc1 ,united ,states ,code4 7b7 ,,epa comments ,the ,administrator of the ,environmental ,protection ,agency 7referred to in this section as the ,administrator7 may comment on a draft or final submission of an environmental impact statement from any ,federal agency4 7c7 ,technical assistance ,the ,administrator may1 on request of a ,federal agency preparing a draft or final environmental impact statement1 provide technical assistance in the completion of that environmental impact statement4 #ajg4 ,project delivery programs 7a7 ,definition of agency program ,in this section1 the term agency program means a project delivery program established by a ,federal agency under subsection 7b77#a74 7b7 ,establishment 7#a7 ,in general ,the head of each ,federal agency1 including the ,secretary of ,transportation1 shall carry out a project delivery program4 7#b7 ,assumption of responsibility 7,a7 ,in general ,subject to subparagraph 7,b71 the head of each ,federal agency shall1 on request of a ,state1 enter into a written agreement with the ,state1 which may be in the form of a memorandum of understanding1 in which the head of each ,federal agency may assign1 and the ,state may assume1 the responsibilities of the head of the ,federal agency under this title with respect to #a or more projects within the ,state that are under the jurisdiction of the ,federal agency4 7,b7 ,exception ,the head of a ,federal agency shall not enter into a written agreement under subparagraph 7,a7 if the head of the ,federal agency determines that the ,state is not in compliance with the requirements described in subsection 7c77#d74 7,c7 ,additional responsibility ,if a ,state assumes responsibility under subparagraph 7,a7-- 7i7 the head of the ,federal agency may assign to the ,state1 and the ,state may assume1 all or part of the responsibilities of the head of the ,federal agency for environmental review1 consultation1 or other action required under any ,federal environmental law pertaining to the review or approval of a specific project2 7ii7 at the request of the ,state1 the head of the ,federal agency may also assign to the ,state1 and the ,state may assume1 the responsibilities of the head of the ,federal agency under this title with respect to #a or more projects within the ,state that are under the jurisdiction of the ,federal agency2 but 7iii7 the head of the ,federal agency may not assign responsibility for any conformity determination required under section #agf of the ,clean ,air ,act 7#db ,u4,s4,c4 #gejf74 7,d7 ,procedural and substantive requirements ,a ,state shall assume responsibility under this section subject to the same procedural and substantive requirements as would apply if that responsibility were carried out by the ,federal agency4 7,e7 ,federal responsibility ,any responsibility of a ,federal agency not explicitly assumed by the ,state by written agreement under subparagraph 7,a7 shall remain the responsibility of the ,federal agency4 7,f7 ,no effect on authority ,nothing in this section preempts or interferes with any power1 jurisdiction1 responsibility1 or authority of an agency1 other than the ,federal agency for which the written agreement applies1 under applicable law 7including regulations7 with respect to a project4 7,g7 ,preservation of flexibility ,the head of the ,federal agency may not require a ,state1 as a condition of participation in the agency program of the ,federal agency1 to forego project delivery methods that are otherwise permissible for projects under applicable law4 7,h7 ,legal fees ,a ,state assuming the responsibilities of a ,federal agency under this section for a specific project may use funds awarded to the ,state for that project for attorneys' fees directly attributable to eligible activities associated with the project4 7c7 ,state ,participation 7#a7 ,participating states ,except as provided in subsection 7b77#b77;,b71 all ,states are eligible to participate in an agency program4 7#b7 ,application ,not later than #bgj days after the date of enactment of this section1 the head of each ,federal agency shall amend1 as appropriate1 regulations that establish requirements relating to information required to be contained in any application of a ,state to participate in the agency program1 including1 at a minimum-- 7,a7 the projects or classes of projects for which the ,state anticipates exercising the authority that may be granted under the agency program2 7,b7 verification of the financial resources necessary to carry out the authority that may be granted under the agency program2 and 7,c7 evidence of the notice and solicitation of public comment by the ,state relating to participation of the ,state in the agency program1 including copies of comments received from that solicitation4 7#c7 ,public notice 7,a7 ,in general ,each ,state that submits an application under this subsection shall give notice of the intent of the ,state to participate in an agency program not later than #cj days before the date of submission of the application4 7,b7 ,method of notice and solicitation ,the ,state shall provide notice and solicit public comment under this paragraph by publishing the complete application of the ,state in accordance with the appropriate public notice law of the ,state4 7#d7 ,selection criteria ,the head of a ,federal agency may approve the application of a ,state under this section only if-- 7,a7 the regulatory requirements under paragraph 7#b7 have been met2 7,b7 the head of the ,federal agency determines that the ,state has the capability1 including financial and personnel1 to assume the responsibility2 and 7,c7 the head of the ,state agency having primary jurisdiction over the project enters into a written agreement with the head of the ,federal agency as described in subsection 7d74 7#e7 ,other ,federal agency views ,if a ,state applies to assume a responsibility of the ,federal agency that would have required the head of the ,federal agency to consult with the head of another ,federal agency1 the head of the ,federal agency shall solicit the views of the head of the other ,federal agency before approving the application4 7d7 ,written ,agreement ,a written agreement under subsection 7b77#b77;,a7 shall-- 7#a7 be executed by the ,governor or the top-ranking official in the ,state who is charged with responsibility for the project2 7#b7 be in such form as the head of the ,federal agency may prescribe2 7#c7 provide that the ,state-- 7,a7 agrees to assume all or part of the responsibilities of the ,federal agency described in subparagraphs 7,a7 and 7,c7 of subsection 7b77#b72 7,b7 expressly consents1 on behalf of the ,state1 to accept the jurisdiction of the ,federal courts for the compliance1 discharge1 and enforcement of any responsibility of the ,federal agency assumed by the ,state2 7,c7 certifies that ,state laws 7including regulations7 are in effect that-- 7i7 authorize the ,state to take the actions necessary to carry out the responsibilities being assumed2 and 7ii7 are comparable to section #eeb of title #e1 including providing that any decision regarding the public availability of a document under those ,state laws is reviewable by a court of competent jurisdiction2 and 7,d7 agrees to maintain the financial resources necessary to carry out the responsibilities being assumed2 7#d7 require the ,state to provide to the head of the ,federal agency any information the head of the ,federal agency reasonably considers necessary to ensure that the ,state is adequately carrying out the responsibilities assigned to the ,state2 7#e7 have a term of not more than #e years2 and 7#f7 be renewable4 7e7 ,jurisdiction 7#a7 ,in general ,the ,united ,states district courts shall have exclusive jurisdiction over any civil action against a ,state for failure to carry out any responsibility of the ,state under this section4 7#b7 ,legal standards and requirements ,a civil action under paragraph 7#a7 shall be governed by the legal standards and requirements that would apply in such a civil action against the head of a ,federal agency had the head of the ,federal agency taken the actions in question4 7#c7 ,intervention ,the head of a ,federal agency shall have the right to intervene in any action described in paragraph 7#a74 7f7 ,effect of ,assumption of ,responsibility ,a ,state that assumes responsibility under subsection 7b77#b7 shall be solely responsible and solely liable for carrying out1 in lieu of and without further approval of the head of the ,federal agency1 the responsibilities assumed under subsection 7b77#b71 until the agency program is terminated under subsection 7k74 7g7 ,limitations on ,agreements ,nothing in this section permits a ,state to assume any rulemaking authority of the head of a ,federal agency under any ,federal law4 7h7 ,audits 7#a7 ,in general ,to ensure compliance by a ,state with any agreement of the ,state under subsection 7d7 7including compliance by the ,state with all ,federal laws for which responsibility is assumed under subsection 7b77#b771 for each ,state participating in an agency program1 the head of a ,federal agency shall-- 7,a7 not later than #ahj days after the date of execution of the agreement1 meet with the ,state to review implementation of the agreement and discuss plans for the first annual audit2 7,b7 conduct annual audits during each of the first #d years of ,state participation2 and 7,c7 ensure that the time period for completing an annual audit1 from initiation to completion 7including public comment and responses to those comments71 does not exceed #ahj days4 7#b7 ,public availability and comment 7,a7 ,in general ,an audit conducted under paragraph 7#a7 shall be provided to the public for comment4 7,b7 ,response ,not later than #fj days after the date on which the period for public comment ends1 the head of the ,federal agency shall respond to public comments received under subparagraph 7,a74 7#c7 ,audit team 7,a7 ,in general ,an audit conducted under paragraph 7#a7 shall be carried out by an audit team determined by the head of the ,federal agency1 in consultation with the ,state1 in accordance with subparagraph 7,b74 7,b7 ,consultation ,consultation with the ,state under subparagraph 7,a7 shall include a reasonable opportunity for the ,state to review and provide comments on the proposed members of the audit team4 7i7 ,monitoring ,after the fourth year of the participation of a ,state in an agency program1 the head of the ,federal agency shall monitor compliance by the ,state with the written agreement1 including the provision by the ,state of financial resources to carry out the written agreement4 7j7 ,report to ,congress ,the head of each ,federal agency shall submit to ,congress an annual report that describes the administration of the agency program4 7k7 ,termination 7#a7 ,termination by ,federal agency ,the head of a ,federal agency may terminate the participation of any ,state in the agency program of the ,federal agency if-- 7,a7 the head of the ,federal agency determines that the ,state is not adequately carrying out the responsibilities assigned to the ,state2 7,b7 the head of the ,federal agency provides to the ,state-- 7i7 a notification of the determination of noncompliance2 7ii7 a period of not less than #abj days to take such corrective action as the head of the ,federal agency determines to be necessary to comply with the applicable agreement2 and 7iii7 on request of the ,governor of the ,state1 a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph 7,a72 and 7,c7 the ,state1 after the notification and period provided under subparagraph 7,b71 fails to take satisfactory corrective action1 as determined by the head of the ,federal agency4 7#b7 ,termination by the ,state ,a ,state may terminate the participation of the ,state in an agency program at any time by providing to the head of the applicable ,federal agency a notice by not later than the date that is #ij days before the date of termination1 and subject to such terms and conditions as the head of the ,federal agency may provide4 7l7 ,capacity ,building ,the head of a ,federal agency1 in cooperation with representatives of ,state officials1 may carry out education1 training1 peer-exchange1 and other initiatives as appropriate-- 7#a7 to assist ,states in developing the capacity to participate in the agency program of the ,federal agency2 and 7#b7 to promote information sharing and collaboration among ,states that are participating in the agency program of the ,federal agency4 7m7 ,relationship to ,locally ,administered ,projects ,a ,state granted authority under an agency program may1 as appropriate and at the request of a local government-- 7#a7 exercise that authority on behalf of the local government for a locally administered project2 or 7#b7 provide guidance and training on consolidating and minimizing the documentation and environmental analyses necessary for sponsors of a locally administered project to comply with this title and any comparable requirements under ,state law4 4 7e7 ,prohibition on guidance ,no ,federal agency1 including the ,council on ,environmental ,quality1 may reissue the final guidance of the ,council on ,environmental ,quality entitled ,final ,guidance for ,federal ,departments and ,agencies on ,consideration of ,greenhouse ,gas ,emissions and the ,effects of ,climate ,change in ,national ,environmental ,policy ,act ,reviews 7#ha ,fed4 ,reg4 #eahff 7,august #e1 #bjaf77 or substantially similar guidance unless authorized by an ,act of ,congress4 7f7 ,definitions ,title ,i of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 7as amended by subsection 7a77#a77 is amended by adding at the end the following3 #aji4 ,definitions ,in this title3 7#a7 ,environmental assessment ,the term environmental assessment has the meaning given the term in section #aejh4i of title #dj1 ,code of ,federal ,regulations 7or a successor regulation74 7#b7 ,environmental impact statement ,the term environmental impact statement means a detailed statement required under section #ajb7b77;,c74 7#c7 ,,nepa process 7,a7 ,in general ,the term ,,nepa process means the entirety of every process1 analysis1 or other measure1 including an environmental impact statement1 required to be carried out by a ,federal agency under this title before the agency undertakes a proposed action4 7,b7 ,period ,for purposes of subparagraph 7,a71 the ,,nepa process-- 7i7 begins on the date on which the head of a ,federal agency receives an application for a proposed action from a project sponsor2 and 7ii7 ends on the date on which the ,federal agency issues1 with respect to the proposed action-- 7,i7 a record of decision1 including1 if necessary1 a revised record of decision2 7,,ii7 a finding of no significant impact2 or 7,,iii7 a categorical exclusion under this title4 7#d7 ,project sponsor ,the term project sponsor means a ,federal agency or other entity1 including a private or public-private entity1 that seeks approval of a proposed action4 4 7g7 ,conforming amendments 7#a7 ,policy review ,section #cji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfji7 is repealed4 7#b7 ,surface transportation project delivery program ,section #cbg of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a77#a71 by striking ,the ,secretary and inserting ,subject to subsection 7m71 the ,secretary2 and 7,b7 by adding at the end the following3 7m7 ,sunset 7#a7 ,in general ,except as provided under paragraph 7#b71 the authority provided by this section terminates on the date of enactment of this subsection4 7#b7 ,existing agreements ,subject to the requirements of this section1 the ,secretary may continue to enforce any agreement entered into under this section before the date of enactment of this subsection4 4 #c4 ,attorney fees in environmental litigation 7a7 ,administrative procedure ,section #ejd7;b77#a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,e71 by striking and at the end2 7#b7 in subparagraph 7,f71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,g7 special factor does not include knowledge1 expertise1 or skill in environmental litigation4 4 7b7 ,united ,states as party ,section #bdab7;d77#b7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,h71 by striking and at the end2 7#b7 in subparagraph 7,i71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,j7 special factor does not include knowledge1 expertise1 or skill in environmental litigation4 4