,,ii #aagth ,,congress #b;d ,session ,s4 #eafe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #a1 #bjbb,mr4 ,toomey introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to facilitate pipeline construction and limit regulatory and litigation delays under the ,federal ,water ,pollution ,control ,act1 the ,national ,environmental ,policy ,act of #aifi1 and the ,endangered ,species ,act of #aigc1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,pipeline ,permitting for ,energy ,security ,act of #bjbb4 #b4 ,clean ,water ,act permitting 7a7 ,state certification programs ,section #dja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda7 is amended-- 7#a7 by striking the heading and section designation and all that follows through may be4 at the end of subsection 7a77#a7 and inserting the following3 #dja4 ,certification 7a7 ,state certifications 7#a7 ,certification required 7,a7 ,definitions ,in this paragraph3 7i7 ,certification application ,the term certification application means a request from an applicant for a certification described in subparagraph 7,b74 7ii7 ,certifying authority ,the term certifying authority1 with respect to a certification described in subparagraph 7,b71 means the applicable entity described in subclause 7,i71 7,,ii71 or 7,,iii7 of subparagraph 7,b77i74 7,b7 ,compliance with limitations 7i7 ,in general ,any applicant for a ,federal license or permit to conduct an activity1 including the construction or operation of facilities1 that may result in a discharge from a point source into the waters of the ,united ,states shall provide the ,federal licensing or permitting agency a certification that the discharge will comply with applicable water quality requirements from-- 7,i7 the ,state in which the discharge originates or will originate2 7,,ii7 if appropriate1 the interstate water pollution control agency with jurisdiction over the waters of the ,united ,states at the point where the discharge originates or will originate2 or 7,,iii7 if no ,state or interstate water pollution control agency has the authority to give such a certification1 the ,administrator4 7ii7 ,certification of no limitation and standard 7,i7 ,in general ,in the case of any activity described in clause 7i7 for which there is not an applicable effluent limitation or other limitation under sections #cja7;b7 and #cjb and for which there is not an applicable standard under sections #cjf and #cjg1 the certifying authority shall so certify4 7,,ii7 ,effect ,a certification under subclause 7,i7 does not satisfy section #eaa7;c74 7iii7 ,certification required 7,i7 ,construction prohibited until certification ,construction for which a certification is required under this subparagraph may not begin until the certification has been obtained1 unless the requirement for the certification has been waived in accordance with this paragraph4 7,,ii7 ,effect of denial ,if a certifying authority denies a certification application1 the ,federal license or permit for which the certification application was made may not be granted4 7iv7 ,scope of certification ,in determining whether to issue a certification under this subparagraph and in determining what conditions to impose on a certification under this subparagraph1 a certifying authority may only consider whether the discharge for which the certification application was made complies with applicable water quality requirements4 7,c7 ,required procedures 7i7 ,notice and hearings ,each certifying authority shall establish procedures for-- 7,i7 public notice in the case of all certification applications2 7,,ii7 to the extent the certifying authority determines to be appropriate1 public hearings in connection with specific certification applications2 and 7,,iii7 a prefiling meeting as described in clause 7ii74 7ii7 ,prefiling meeting 7,i7 ,request ,before submitting a certification application1 the prospective applicant may request a prefiling meeting with the certifying authority-- 7aa7 to ensure that the certifying authority receives early notification of projects for which a certification under subparagraph 7,b7 is necessary2 and 7bb7 to discuss informational needs with the certifying authority before submitting the application4 7,,ii7 ,response required ,if a prospective applicant requests a prefiling meeting with a certifying authority pursuant to subclause 7,i71 the certifying authority shall-- 7aa7 respond to the request not later than #cj days after the date on which the request is received2 and 7bb7 hold the prefiling meeting with the prospective applicant by not later than #fj days after the date on which the request is received4 7iii7 ,denials of certification 7,i7 ,individual licenses and permits ,if a certifying authority denies a certification application for an individual license or permit1 the certifying authority shall provide to the applicable ,federal licensing or permitting agency-- 7aa7 the specific applicable water quality requirements with which the discharge will not comply2 7bb7 a statement explaining why the discharge will not comply with the identified applicable water quality requirements2 and 7cc7 if the denial is due to insufficient information1 a description of the specific water quality data or information1 if any1 that would be needed to ensure that the discharge from the proposed project will comply with applicable water quality requirements4 7,,ii7 ,general licenses or permits ,if a certifying authority denies a certification application for a general license or permit1 the certifying authority shall provide to the applicable ,federal licensing or permitting agency-- 7aa7 the specific applicable water quality requirements with which discharges that could be authorized by the general license or permit will not comply2 7bb7 a statement explaining why discharges that could be authorized by the general license or permit will not comply with the identified applicable water quality requirements2 and 7cc7 if the denial is due to insufficient information1 a description of the specific water quality data or information1 if any1 that would be needed to assure that the range of discharges that could be authorized by the general license or permit from potential projects will comply with applicable water quality requirements4 7iv7 ,review 7,i7 ,in general ,not later than #fj days after the date on which a ,federal licensing or permitting agency receives a notice described in clause 7iii7 or a certification under subparagraph 7,b7 that includes conditions to that certification1 the ,federal licensing or permitting agency shall complete a review of the process undertaken by the certifying authority in reviewing the applicable certification application to determine whether the certifying authority established a reasonable period of time within which to review that certification application in accordance with subparagraph 7,d77ii74 7,,ii7 ,denials ,if1 after carrying out a review under subclause 7,i7 of the process undertaken by a certifying authority with respect to a denial of a certification application1 a ,federal licensing or permitting agency determines that the certifying authority did not1 in determining the reasonable period of time within which to review the certification application1 consider all of the factors described in subclause 7,i71 7,,ii71 or 7,,iii7 of subparagraph 7,d77ii71 the ,federal licensing or permitting agency shall-- 7aa7 deem the certifying authority to have failed to act on the certification application2 and 7bb7 pursuant to subparagraph 7,d77iii71 consider the requirement for a certification under subparagraph 7,b7 waived4 7,,iii7 ,conditions ,if1 after carrying out a review under subclause 7,i7 of the process undertaken by a certifying authority with respect to including conditions to a certification under subparagraph 7,b71 a ,federal licensing or permitting agency determines that the certifying authority did not1 in determining the reasonable period of time within which to review the applicable certification application1 consider all of the factors described in subclause 7,i71 7,,ii71 or 7,,iii7 of subparagraph 7,d77ii71 the ,federal licensing or permitting agency shall consider the certification conditions void4 7,d7 ,review period 7i7 ,in general ,a certifying authority shall1 subject to this subparagraph1 issue to the applicable ,federal licensing or permitting authority a final action on a certification application within a reasonable period of time1 which-- 7,i7 shall be determined by the certifying authority by not later than #fj days after the date on which the certification application is received by the certifying authority2 but 7,,ii7 7aa7 shall begin on the date on which the certification application is received by the certifying authority2 and 7bb7 shall not exceed #a year from the date on which the certifying authority receives the certification application4 7ii7 ,determination of reasonable period ,in determining the reasonable period of time under clause 7i77,i71 a certifying authority shall consider-- 7,i7 the complexity of the project described in the certification application2 7,,ii7 the nature of any potential discharge from that project2 and 7,,iii7 the potential need for additional study or evaluation of water quality effects from the discharge4 7iii7 ,failure to act within period ,if a certifying authority fails or refuses to issue a final action on a certification application by the end of the reasonable period of time established under this subparagraph1 the requirement for a certification under subparagraph 7,b7 shall be waived4 7iv7 ,no pausing or tolling ,the reasonable period of time established for a certification application under this subparagraph may not be paused or tolled for any reason4 7,e7 ,final action 7i7 ,in general ,after completion of the reasonable period of time established under subparagraph 7,d7 and any review that may be required under subparagraph 7,c77iv7 for a certification application1 the certifying authority or ,federal licensing or permitting authority1 as applicable1 shall apply only #a of the following final actions to the certification application3 7,i7 ,the certification application is granted4 7,,ii7 ,the certification application is granted with conditions4 7,,iii7 ,the certification application is denied4 7,,iv7 ,the certification requirements under subparagraph 7,b7 have been waived in accordance with this paragraph with respect to the activity for which the certification application was submitted4 7ii7 ,no other final actions ,no other final action may apply to a certification application except as described in clause 7i74 7,f7 ,enforcement of conditions ,the ,federal licensing or permitting authority to which a certification under this subsection was issued shall be responsible for enforcing any conditions included with that certification4 7,g7 ,timeline for action ,if a ,federal court remands or vacates a certification under this paragraph1 the ,federal court shall set and enforce a reasonable schedule and deadline1 not to exceed #ahj days from the date on which the ,federal court remands or vacates the certification1 for the certifying agency to act on the remand or vacatur4 2 7#b7 in subsection 7a7 7as so amended7-- 7,a7 in paragraph 7#b71 by striking 7#b7 ,upon receipt and inserting the following3 7#b7 ,notice to ,administrator2 effect on other ,states ,on receipt 2 7,b7 in paragraph 7#c71 by striking 7#c7 ,the certification and inserting the following3 7#c7 ,fulfillment of requirements ,the certification 2 7,c7 in paragraph 7#d71 by striking 7#d7 ,prior to and inserting the following3 7#d7 ,review for compliance ,prior to 2 7,d7 in paragraph 7#e71 by striking 7#e7 ,any ,federal and inserting the following3 7#e7 ,suspension and revocation ,any ,federal 2 and 7,e7 in paragraph 7#f71 by striking 7#f7 ,except with and inserting the following3 7#f7 ,applicability to certain facilities ,except with 2 7#c7 in subsection 7b71 by striking 7b7 ,nothing and inserting the following3 7b7 ,compliance with other provisions of law setting applicable water quality requirements ,nothing 2 7#d7 in subsection 7c71 by striking 7c7 ,in order and inserting the following3 7c7 ,authority of secretary of the army ,to permit use of spoil disposal areas by federal licensees or permittees ,in order 2 7#e7 in subsection 7d71 by striking 7d7 ,any certification and inserting the following3 7d7 ,limitations and monitoring requirements of certification ,any certification 2 and 7#f7 by adding at the end the following3 7e7 ,definition of applicable water quality requirements ,in this section1 the term applicable water quality requirements means-- 7#a7 the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg2 and 7#b7 applicable ,state or ,tribal regulatory requirements for the discharge from point sources into the waters of the ,united ,states4 4 7b7 ,permits for dredged or fill material 7#a7 ,in general ,section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 is amended-- 7,a7 by striking the heading and section designation and all that follows through 7a7 ,the ,secretary and inserting the following3 #djd4 ,permits for dredged or fill material 7a7 ,discharge into navigable waters at specified disposal sites 7#a7 ,in general ,the ,secretary 2 7,b7 in subsection 7a77#a7 7as so designated71 in the second sentence-- 7i7 by striking this subsection each place it appears and inserting paragraph 7#a72 and 7ii7 by striking ,not later than the fifteenth day and inserting the following3 7#b7 ,notice ,not later than the #aeth day 2 7,c7 in subsection 7c7-- 7i7 in the third sentence-- 7,i7 by striking his finding and his reasons and inserting the findings and reasons of the ,administrator2 and 7,,ii7 by striking ,the ,administrator and inserting the following3 7#d7 ,findings and reasoning ,the ,administrator 2 7ii7 in the second sentence1 by striking ,before making such determination and inserting the following3 7#c7 ,consultation ,before making a determination under paragraph 7#a7 2 7iii7 by striking 7c7 ,the ,administrator and inserting the following3 7c7 ,prohibition of specification of areas as disposal sites 7#a7 ,in general ,subject to paragraph 7#b71 the ,administrator 2 and 7iv7 by inserting after paragraph 7#a7 7as so designated7 the following3 7#b7 ,limitation ,the ,administrator may not prohibit the specification of a defined area as a disposal site1 or otherwise deny or restrict the use of a defined area as a disposal site after a permit under this section for the area has been issued by the ,secretary4 2 7,d7 in subsection 7e7-- 7i7 in paragraph 7#a71 in the second sentence-- 7,i7 by striking subsection 7b77#a7 of this section1 and 7,b7 set forth and inserting the following3 subsection 7b77#a72 and 7ii7 set forth 2 7,,ii7 by striking shall 7,a7 be based and inserting the following3 shall-- 7i7 be based 2 and 7,,iii7 by striking ,any general and inserting the following3 7,b7 ,requirements for issuance ,any general 2 7ii7 by striking 7e77#a7 ,in carrying and inserting the following3 7e7 ,general permits on ,state1 regional1 or nationwide basis 7#a7 ,permits authorized 7,a7 ,in general ,in carrying 2 7iii7 in paragraph 7#b71 by striking 7#b7 ,no general and inserting the following3 7#b7 ,term ,no general 2 and 7iv7 by adding at the end the following3 7#c7 ,single and complete projects 7,a7 ,definition of single and complete project 7i7 ,in general ,in this paragraph1 the term single and complete project1 with respect to a project for which the ,secretary is determining whether a general permit issued under this subsection applies1 means that portion of the total project proposed or accomplished by-- 7,i7 a single owner or developer2 7,,ii7 a partnership of #a or more owners or developers2 or 7,,iii7 an association of owners or developers4 7ii7 ,linear projects 7,i7 ,definition ,in this clause1 the term linear project means a project constructed for the purpose of getting people1 goods1 or services from a point of origin to a terminal point1 which may involve multiple crossings of #a or more waters of the ,united ,states at separate and distant locations4 7,,ii7 ,general rule ,for purposes of this paragraph1 with respect to projects described in clause 7i7 that are linear projects-- 7aa7 the crossings of separate waters of the ,united ,states at a specific location shall be considered #a single and complete project2 but 7bb7 each crossing of a single water of the ,united ,states shall be considered a separate single and complete project if those crossings are at separate and distant locations4 7,,iii7 ,additional exclusions ,for purposes of subclause 7,,ii71 individual channels in a braided stream or river1 individual arms of a large1 irregularly-shaped wetland or lake1 and other1 similar bodies of water shall not be considered to be separate waters of the ,united ,states4 7,b7 ,requirement ,in determining whether a general permit issued under this subsection applies to an activity1 the ,secretary shall consider the estimated total of all losses of waters of the ,united ,states expected to result from the single and complete project4 7,c7 ,use of multiple permits ,the ,secretary may combine #b or more general permits issued under this subsection to authorize a single and complete project1 but the same general permit issued under this subsection may not be used more than once for a single and complete project4 7#d7 ,reissuance of nationwide permits ,in determining whether to reissue a general permit issued under this subsection on a nationwide basis-- 7,a7 no consultation with an applicable ,state pursuant to section #f7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece7;a77 is required2 7,b7 no consultation with a ,federal agency pursuant to section #g7;a77#b7 of that ,act 7#af ,u4,s4,c4 #aecf7;a77#b77 is required2 and 7,c7 for purposes of carrying out the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to that reissuance1 conducting an environmental assessment on a nationwide basis is sufficient for purposes of compliance with that ,act4 7#e7 ,nationwide permit for oil and natural gas pipelines ,notwithstanding any other provision of this section1 the ,secretary shall maintain a nationwide permit for the activities required for the construction1 maintenance1 repair1 operation1 and removal of oil and natural gas pipelines and associated facilities that result in the loss of1 with respect to waters of the ,united ,states1 an area of more than #a_/b acre for each single and complete project 7as defined in paragraph 7#c77;,a771 which shall be known as nationwide permit #ab4 2 7,e7 in subsection 7h7-- 7i7 in paragraph 7#a71 by adding at the end the following3 7,i7 ,to issue permits not later than the date that is #a year after the date on which the ,state receives an application for the permit1 which may not be paused or tolled for any reason4 7,j7 ,to ensure that1 if the ,state does not issue a final action with respect to an application for a permit within the #a-year period described in subparagraph 7,i71 the application is considered to be approved4 7,k7 ,to carry out a programmatic review of the program annually to ensure that the program does not exceed the authority granted to the ,state under this section4 2 and 7ii7 by adding at the end the following3 7#f7 ,action required 7,a7 ,in general ,a ,state with a permit program approved under this subsection shall issue a final action with respect to an application for a permit described in subsection 7g77#a7 not later than #a year after the date of receipt of the application4 7,b7 ,failure to act ,an application for a permit described in subsection 7g77#a7 submitted to a ,state with a permit program approved under this subsection shall be considered to be approved if the ,state fails to issue a final action with respect to the application by the end of the #a-year period described in subparagraph 7,a74 7,c7 ,no pausing or tolling ,the #a-year period described in subparagraph 7,a7 may not be paused or tolled for any reason4 2 7,f7 in subsection 7s77#c71 in the third sentence1 by striking acton and inserting action2 7,g7 in subsection 7t71 by striking 7t7 ,nothing and inserting the following3 7u7 ,savings provision ,nothing 2 and 7,h7 by inserting after subsection 7s7 the following3 7t7 ,judicial review 7#a7 ,statute of limitations 7,a7 ,in general ,notwithstanding any other provision of law1 an action seeking judicial review of an individual or general permit issued under this section shall be filed not later than the date that is #fj days after the date on which the permit was issued4 7,b7 ,savings provision ,nothing in subparagraph 7,a7 authorizes an action seeking judicial review of the structure of or authorization for a ,state permit program approved pursuant to this section4 7#b7 ,timeline to act on remand and vacatur ,if a ,federal court remands or vacates a permit under this section1 the ,federal court shall set and enforce a reasonable schedule and deadline1 which may not exceed #ahj days from the date on which the ,federal court remands or vacates the permit1 for the issuer of the permit to act on that remand or vacatur4 4 7#b7 ,ratification of current permits ,notwithstanding any other provision of law1 each category of activities authorized by a general permit issued under section #djd7;e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;e77 7including nationwide permit #ab7 or under section #aj of the ,act of ,march #c1 #ahii 7#cc ,u4,s4,c4 #djc71 that is in effect on the date of enactment of this ,act shall1 consistent with subparagraph 7,a7 of section #djd7;e77#a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;e77#a771 be considered to cause-- 7,a7 not more than minimal adverse environmental effects when actions authorized under those permits are carried out separately2 and 7,b7 not more than minimal cumulative adverse effects on the environment4 7#c7 ,savings provision ,nothing in this subsection or the amendments made by this subsection requires a ,state 7including an ,indian tribe that is treated as a ,state pursuant to section #eah7;e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgg7;e777 for which the ,administrator of the ,environmental ,protection ,agency has approved a permit program pursuant to subsections 7g7 and 7h7 of section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 to seek reapproval of the permit program in accordance with those subsections4 7c7 ,definition of navigable waters ,section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb7 is amended-- 7#a7 in each of paragraphs 7#a7 through 7#bj71 by inserting a paragraph heading1 the text of which comprises the term defined in that paragraph2 7#b7 by indenting paragraphs 7#a7 through 7#bj7 appropriately2 and 7#c7 by striking paragraph 7#g7 and inserting the following3 7#g7 ,navigable waters2 waters of the ,united ,states 7,a7 ,in general ,the terms navigable waters and waters of the ,united ,states mean-- 7i7 the territorial seas and waters which are currently used1 or were used in the past1 or may be susceptible to use in interstate or foreign commerce1 including waters that are subject to the ebb and flow of the tide2 7ii7 a tributary2 7iii7 a lake1 pond1 or impoundment of water from a body of water otherwise described in this subparagraph that-- 7,i7 contributes to surface water flow to a body of water described in clause 7i7 in a typical year2 or 7,,ii7 is inundated by flooding from a body of water otherwise described in this subparagraph during a typical year2 and 7iv7 adjacent wetlands4 7,b7 ,exclusions ,the terms navigable waters and waters of the ,united ,states do not include-- 7i7 an ephemeral feature1 including an ephemeral stream1 swale1 gully1 rill1 pool1 or tributary that is ephemeral during a typical year2 7ii7 groundwater1 including groundwater drained through subsurface drainage systems2 7iii7 an artificially irrigated area that would revert to upland or dry land if that artificial irrigation ceased2 7iv7 an artificial lake or pond that-- 7,i7 is not an impoundment described in subparagraph 7,a77iii72 and 7,,ii7 is constructed or excavated in upland or dry land2 7v7 a water-filled depression that is-- 7,i7 constructed or excavated in upland or dry land2 and 7,,ii7 incidental to mining or construction activity2 7vi7 a pit that is excavated in upland for the purpose of obtaining fill1 sand1 or gravel2 7vii7 a stormwater control feature that is constructed or excavated in upland or dry land to convey1 treat1 infiltrate1 or store stormwater runoff2 7viii7 a groundwater recharge1 water reuse1 or wastewater treatment recycling structure that is constructed or excavated in upland or dryland2 7ix7 a waste treatment system2 7x7 prior converted cropland2 7xi7 7,i7 a ditch that is not a body of water described in clause 7i7 or 7ii7 of subparagraph 7,a72 and 7,,ii7 any portion of a ditch constructed in adjacent wetlands that does not meet the requirements described in subparagraph 7,c77i72 7xii7 diffuse stormwater runoff and directional sheet flow over upland2 and 7xiii7 a water or water feature that is not identified in subparagraph 7,a74 7,c7 ,associated definitions ,for purposes of this paragraph3 7i7 ,adjacent wetlands ,the term adjacent wetlands means wetlands that-- 7,i7 touch at least one point or side of a body of water described in clause 7i71 7ii71 or 7iii7 of subparagraph 7,a72 7,,ii7 are inundated by flooding from a body of water described in clause 7i71 7ii71 or 7iii7 of subparagraph 7,a7 during a typical year2 or 7,,iii7 are physically separated from a body of water described in clause 7i71 7ii71 or 7iii7 of subparagraph 7,a7 only by-- 7aa7 a natural berm1 bank1 dune1 or similar natural feature2 or 7bb7 an artificial dike1 barrier1 or similar artificial structure1 if that structure allows for a direct hydrological surface connection to the body of water described in that clause 7i71 7ii71 or 7iii7 in a typical year1 such as through a culvert1 flood or tide gate1 pump1 or similar artificial feature4 7ii7 ,ditch ,the term ditch means a constructed or excavated channel used to convey water4 7iii7 ,ephemeral ,the term ephemeral1 with respect to a surface water1 means flowing or pooling only in direct response to precipitation 7such as rain or snowfall74 7iv7 ,high tide line 7,i7 ,in general ,the term high tide line means the line of intersection of the land with the surface of a body of water at the maximum height reached by a rising tide 7including a spring high tide or another high tide that occurs with periodic frequency71 which may1 in the absence of actual data1 be determined by a line of oil or scum along shore objects1 a more or less continuous deposit of fine shell or debris on the foreshore or berm1 vegetation lines1 tidal gages1 other physical markings or characteristics1 or other suitable means that delineate the general height reached by a rising tide4 7,,ii7 ,exclusions ,the term high tide line does not include the line of intersection described in subclause 7,i7 at the maximum height reached by a storm surge in which there is a departure from the normal or predicted reach of a tide due to the piling up of water against a coast by strong winds1 such as a surge accompanying a hurricane or another intense storm4 7v7 ,intermittent ,the term intermittent1 with respect to a surface water1 means flowing continuously during certain times of the year and more than in direct response to precipitation 7such as seasonally1 when the groundwater table is elevated1 or when snowpack melts74 7vi7 ,ordinary high water mark ,the term ordinary high water mark means the line on a shore established by the fluctuations of water and indicated by physical characteristics1 such as a clear1 natural line impressed on the bank1 shelving1 changes in the character of the soil1 destruction of terrestrial vegetation1 the presence of litter and debris1 or another appropriate means that considers the characteristics of the surrounding areas4 7vii7 ,perennial ,the term perennial1 with respect to a surface water1 means surface water that flows continuously year round4 7viii7 ,prior converted cropland 7,i7 ,in general ,the term prior converted cropland means any area that1 prior to ,december #bc1 #aihe1 was drained or otherwise manipulated for the purpose1 or having the effect1 of making production of an agricultural product possible4 7,,ii7 ,inclusion ,the term prior converted cropland includes any designation of an area as prior converted cropland made by the ,secretary of ,agriculture4 7,,iii7 ,exclusion ,the term prior converted cropland does not include any area described in subclause 7,i7 that is abandoned or has reverted to wetlands4 7,,iv7 ,associated definition ,in this clause1 the term abandoned1 with respect to an area described in subclause 7,i71 means the area has not been used for1 or in support of1 agricultural purposes at least once during the #e-year period ending on the date of determination1 as determined by the ,administrator4 7ix7 ,snowpack ,the term snowpack means layers of snow that accumulate over extended periods of time in certain geographic regions or at high elevation 7such as in northern climes or in mountainous regions74 7x7 ,tributary ,the term tributary includes a river1 stream1 or similar naturally occurring surface water channel that-- 7,i7 contributes to surface water flow to a body of water described in subparagraph 7,a77i72 and 7,,ii7 is perennial or intermittent in a typical year4 7xi7 ,typical year ,the term typical year means a year in which precipitation and other climatic variables are within the normal periodic range 7such as seasonally or annually7 for the geographic area of the applicable body of water1 based on a rolling #cj-year period4 7xii7 ,upland ,the term upland means any land area that1 under normal conditions-- 7,i7 is not wetlands2 and 7,,ii7 does not lie below the ordinary high water mark or the high tide line of a body of water described in subparagraph 7,a74 7xiii7 ,waste treatment system ,the term waste treatment system includes all components1 including lagoons and treatment ponds 7such as settling or cooling ponds71 designed to either convey or retain1 concentrate1 settle1 reduce1 or remove pollutants1 either actively or passively1 from wastewater prior to discharge 7or eliminating any such discharge74 7xiv7 ,wetlands ,the term wetlands means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support1 and that under normal circumstances do support1 a prevalence of vegetation typically adapted for life in saturated soil conditions1 including swamps1 marshes1 bogs1 and similar areas4 4 #c4 ,national ,environmental ,policy ,act of #aifi modifications 7a7 ,definitions ,the ,national ,environmental ,policy ,act of #aifi is amended by inserting after section #b 7#db ,u4,s4,c4 #dcba7 the following3 #c4 ,definitions ,in this ,act3 7#a7 ,categorical exclusion ,the term categorical exclusion means a category of actions that a ,federal agency determines1 according to procedures established by the ,federal agency1 do not normally have a significant effect on the human environment4 7#b7 ,effects 7,a7 ,in general ,the term effects means changes to the human environment as a result of a proposed action or alternative action to be carried out by a ,federal agency that-- 7i7 are reasonably foreseeable and not remote in time1 geographically remote1 or the product of a lengthy causal chain2 7ii7 have a reasonably close causal relationship1 as determined by the ,federal agency1 to the proposed action or alternative action1 as applicable2 and 7iii7 the ,federal agency has the ability to prevent and that would not occur absent the proposed action or alternative action4 7,b7 ,requirement ,for purposes of subparagraph 7,a77ii71 a but for causal relationship is insufficient to establish a reasonably close causal relationship4 7#c7 ,environmental assessment ,the term environmental assessment means a concise public document prepared by a ,federal agency to determine whether to prepare an environmental impact statement or a finding of no significant impact for a proposed action4 7#d7 ,environmental impact statement ,the term environmental impact statement means a detailed statement required to be prepared for a proposed major action in accordance with title ,i4 7#e7 ,major ,federal action 7,a7 ,in general ,the term major ,federal action means an activity or decision subject to ,federal control and responsibility1 as determined by a ,federal agency4 7,b7 ,exclusions ,the term major ,federal action does not include-- 7i7 a nondiscretionary or extraterritorial activity or decision2 7ii7 an action that does not result in a final agency action under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act72 7iii7 a judicial or administrative enforcement action2 7iv7 an action involving funding1 the control of which is not maintained by the ,federal agency that was appropriated the funds2 7v7 a non-,federal project with minimal ,federal funding or involvement2 7vi7 a loan1 loan guarantee1 or other financial assistance where the ,federal agency does not exercise sufficient control or responsibility over the funds2 and 7vii7 any action that was deemed to not be a major ,federal action by a ,federal court4 7,c7 ,other actions ,a ,federal agency may determine whether any other action is a major ,federal action for purposes of the requirements of this ,act4 4 7b7 ,,nepa thresholds ,title ,i of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 is amended by adding at the end the following3 #ajf4 ,thresholds ,prior to carrying out the requirements of this title for a major ,federal action1 the ,federal agency seeking to carry out the action shall determine whether-- 7#a7 the action is exempt from the requirements of this title by another ,federal law 7including regulations72 7#b7 compliance with this title would-- 7,a7 clearly and fundamentally conflict with another ,federal law 7including regulations72 or 7,b7 be inconsistent with the congressional intent of another ,federal law2 7#c7 the action is nondiscretionary1 such that the ,federal agency lacks authority to consider the environmental effects of the action2 and 7#d7 a review of the effects of the action under another ,federal law 7including regulations7 would satisfy the requirements of this title4 4 7c7 ,determining appropriate level of ,,nepa review ,title ,i of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 7as amended by subsection 7b77 is amended by adding at the end the following3 #ajg4 ,determining appropriate level of ,,nepa review ,in assessing the appropriate level of review to be conducted by a ,federal agency under this title for a major ,federal action1 the ,federal agency shall determine whether the proposed action-- 7#a7 normally does not have significant effects or qualifies as a categorical exclusion2 7#b7 is likely to have insignificant effects or unknown effects2 or 7#c7 is likely to have significant effects4 4 7d7 ,environmental impact statements 7#a7 ,in general ,title ,i of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 7as amended by subsection 7c77 is amended by adding at the end the following3 #ajh4 ,environmental impact statement requirements 7a7 ,statement of purpose and need 7#a7 ,in general ,an environmental impact statement shall briefly specify the underlying purpose and need to which a ,federal agency is responding4 7#b7 ,alternatives analysis ,any alternatives analyzed by the ,federal agency shall-- 7,a7 meet the purpose and need for the proposed action2 and 7,b7 where applicable1 meet the goals of the applicant4 7b7 ,page limits for environmental impact statements ,the text of a final environmental impact statement shall be proportional to the potential effects1 and size1 of the proposed action1 but shall not be longer than-- 7#a7 #aej pages2 or 7#b7 in the case of a proposed action of unusual complexity1 as determined by the applicable ,federal agency1 #cjj pages4 7c7 ,time limit for preparing an environmental impact statement 7#a7 ,in general ,not later than #b years after the date on which a ,federal agency issues a notice of intent to carry out a proposed action1 the ,federal agency shall submit to the ,environmental ,protection ,agency the environmental impact statement for that proposed action4 7#b7 ,failure to act ,if a ,federal agency does not submit an environmental impact statement in accordance with the timeline described in paragraph 7#a71 the requirements of this title shall be deemed to have been fulfilled for the proposed action4 7d7 ,specificity of comments and information 7#a7 ,comments on draft environmental impact statements ,comments and objections of any kind relating to an environmental impact statement for a proposed action shall be raised within the comment period on the draft environmental impact statement provided by the applicable ,federal agency1 consistent with the requirements of section #aejf4aa of title #dj1 ,code of ,federal ,regulations 7as in effect on ,september #ad1 #bjbj74 7#b7 ,comments on final environmental impact statements ,if the applicable ,federal agency requests comments on a final environmental impact statement prepared for a major ,federal action before the final decision of the ,federal agency1 comments and objections of any kind shall be raised within the comment period provided by the ,federal agency4 7#c7 ,unexhausted and forfeited comments ,comments and objections of any kind not provided within the comment periods described in paragraphs 7#a7 and 7#b7 shall be considered unexhausted and forfeited1 consistent with section #aejj4c7;b7 of title #dj1 ,code of ,federal ,regulations 7as in effect on ,september #ad1 #bjbj74 7e7 ,record of decision in cases requiring environmental impact statements ,each record of decision prepared by a ,federal agency for a proposed action shall contain a statement certifying that the ,federal agency considered all alternatives to1 and information and analyses relating to1 the proposed action submitted during the process of carrying out the requirements of this title4 4 7#b7 ,conforming amendments ,section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 is amended-- 7,a7 in subparagraph 7,c7-- 7i7 in the matter preceding clause 7i71 by striking a detailed statement and inserting an environmental impact statement2 and 7ii7 in the undesignated matter following clause 7v71 in the first sentence1 by striking ,prior to making any detailed statement and inserting ,prior to preparing an environmental impact statement2 and 7,b7 in subparagraph 7,d7-- 7i7 in the matter preceding clause 7i71 by striking detailed statement and inserting environmental impact statement2 and 7ii7 in clause 7iv71 by striking detailed statement and inserting environmental impact statement4 7e7 ,time limit for environmental assessment completion ,title ,i of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 7as amended by subsection 7d77#a77 is amended by adding at the end the following3 #aji4 ,environmental assessment requirement ,not later than #a year after the date on which a ,federal agency decides to prepare an environmental assessment for a proposed action1 the ,federal agency shall submit to the ,environmental ,protection ,agency that environmental assessment4 4 7f7 ,adoption of certain categorical exclusions ,title ,i of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 7as amended by subsection 7e77 is amended by adding at the end the following3 #aaj4 ,adoption of certain categorical exclusions ,a ,federal agency may adopt the determination of another ,federal agency that a categorical exclusion applies to a proposed action if the action covered by the original categorical exclusion determination and the proposed action of the adopting ,federal agency are substantially the same1 in the determination of the adopting ,federal agency4 4 #d4 ,endangered ,species ,act of #aigc modifications 7a7 ,definitions ,section #c of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7 is amended-- 7#a7 by redesignating paragraphs 7#f71 7#g71 7#h71 7#i71 7#aj71 7#ab71 7#ac71 7#ad71 7#ae71 7#af71 7#ag71 7#ah71 7#ai71 7#bj71 and 7#ba7 as paragraphs 7#g71 7#h71 7#i71 7#aj71 7#ab71 7#ac71 7#ad71 7#ae71 7#af71 7#ag71 7#ah71 7#ai71 7#bj71 7#ba71 and 7#bb71 respectively2 7#b7 by inserting after paragraph 7#e7 the following3 7#f7 ,the term destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat as a whole for the conservation of a listed species4 2 and 7#c7 by inserting after paragraph 7#aj7 7as so redesignated7 the following3 7#aa7 ,the term foreseeable future means an unspecific period of time in the future that is necessary for the ,secretary to reasonably determine that future threats to a species1 and the response of a species to those threats1 are likely4 4 7b7 ,consideration of economic impacts in listing decisions ,section #d7;a77#a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;a77#a77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking the and inserting ,the2 and 7,b7 by striking the semicolon at the end and inserting a period2 7#b7 in subparagraph 7,b7-- 7,a7 by striking overutilization and inserting ,overutilization2 and 7,b7 by striking the semicolon at the end and inserting a period2 7#c7 in subparagraph 7,c7-- 7,a7 by striking disease and inserting ,disease2 and 7,b7 by striking the semicolon at the end and inserting a period2 7#d7 in subparagraph 7,d7-- 7,a7 by striking the and inserting ,the2 and 7,b7 by striking 2 or and inserting a period2 7#e7 in subparagraph 7,e71 by striking other and inserting ,other2 and 7#f7 by adding at the end the following3 7,f7 ,whether listing the species as an endangered species or a threatened species would result in economic or other impacts on landowners4 4 7c7 ,criteria for delisting a species ,section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7 is amended by adding at the end the following3 7j7 ,criteria for delisting a species ,the ,secretary shall remove a species included on the list published pursuant to subsection 7c7 if the ,secretary determines1 after conducting a review of the status of the applicable endangered species or threatened species using the best scientific and commercial data available1 that-- 7#a7 the listed species is extinct2 7#b7 the listed species is no longer an endangered species or a threatened species2 or 7#c7 the listed species is not a species4 4 7d7 ,restrictions on designating critical habitat ,section #d7;a77#c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;a77#c77 is amended by adding at the end the following3 7,c7 ,restriction on designating critical habitat ,the ,secretary shall not designate habitat as critical habitat under this paragraph if-- 7i7 a species is threatened by taking or other human activity and identification of critical habitat can be expected to increase the degree of that threat to the species2 7ii7 the present or threatened destruction1 modification1 or curtailment of the habitat or range of a species-- 7,i7 is not a threat to the species2 or 7,,ii7 is solely a result of causes that cannot be addressed through management actions2 7iii7 areas within the jurisdiction of the ,united ,states provide no more than negligible conservation value1 if any1 for a species occurring primarily outside the jurisdiction of the ,united ,states2 7iv7 no areas of the habitat are critical habitat2 or 7v7 the ,secretary otherwise determines that designation of the habitat as critical habitat would not be prudent based on the best scientific data available4 4 7e7 ,unoccupied areas ,section #c7e77;,a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7e77;,a77 is amended by striking clause 7ii7 and inserting the following3 7ii7 specific areas outside the geographical area occupied by the species at the time the species is listed in accordance with section #d1 as described in clause 7i71 if the ,secretary determines that-- 7,i7 the geographical area occupied by the species described in clause 7i71 at the time of the listing1 is inadequate to ensure the conservation of the species2 and 7,,ii7 it is reasonably certain that the specific area outside the geographical area occupied by the species-- 7aa7 will contribute to the conservation of the species2 and 7bb7 contains at least #a physical or biological feature essential to the conservation of the species4 4 7f7 ,protective regulations for threatened species 7#a7 ,in general ,section #d7;d7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;d77 is amended-- 7,a7 in the first sentence1 by striking ,whenever any species and all that follows through the period at the end and inserting the following3 7#a7 ,in general ,whenever any species is listed as a threatened species pursuant this section1 the ,secretary shall promulgate species-specific regulations that the ,secretary determines are appropriate to provide for the conservation of the threatened species4 2 7,b7 in the second sentence1 by striking ,the ,secretary may by regulation and inserting the following3 7#b7 ,taking prohibitions ,subject to paragraph 7#c71 the ,secretary1 by species-specific regulation1 may 2 and 7,c7 in paragraph 7#b7 7as so designated7-- 7i7 by inserting a comma after section #i7;a77#b72 and 7ii7 by striking endangered species2 and all that follows through the period at the end and inserting the following3 8endangered species4 7#c7 ,taking of resident species ,with respect to the taking of resident species of fish or wildlife1 a regulation promulgated under paragraph 7#b7 shall apply in any ,state which has entered into a cooperative agreement pursuant to section #f7;c7 only to the extent that the regulation has also been adopted by that ,state4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall apply to species listed or reclassified as threatened species under section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7 on1 prior to1 or after the date of enactment of this ,act4 7g7 ,consultations 7#a7 ,expedited consultations ,section #g7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77 is amended by adding at the end the following3 7#e7 ,expedited consultations 7,a7 ,in general ,on request of a ,federal agency1 and in cooperation with a prospective permit or license applicant1 as applicable1 the ,secretary and the ,federal agency shall initiate an expedited consultation with respect to an agency action that has minimal or predictable effects on a listed species or a critical habitat based on prior consultations the ,federal agency has conducted with the ,secretary under this subsection4 7,b7 ,timeline 7i7 ,in general ,subject to clause 7ii71 if a ,federal agency requests an expedited consultation under subparagraph 7,a7 after determining that the agency action to be carried out by the ,federal agency has minimal or predictable effects on a listed species or a critical habitat1 the ,secretary shall1 not later than #cj days after the date on which the ,secretary receives the determination of the ,federal agency1 approve or deny the request for an expedited consultation4 7ii7 ,extended timeline ,on mutual agreement between the ,secretary and the ,federal agency1 the ,secretary may extend the timeline described in clause 7i7 to a period of not more #fj days after the date on which the ,federal agency requests an expedited consultation under subparagraph 7,a74 4 7#b7 ,consultations not required for permits for dredged or fill material ,section #g7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77 7as amended by paragraph 7#a77 is amended by adding at the end the following3 7#f7 ,nonapplicability to nationwide permits for dredged or fill material ,the requirements of this subsection shall not apply to any agency action relating to the reissuance of a general permit on a nationwide basis under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdc74 4 7h7 ,timelines for agency actions ,section #g7;b77#a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;b77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking #ij-;day and inserting #fj-;day2 and 7#b7 in subparagraph 7,b7-- 7,a7 in the matter preceding clause 7i7-- 7i7 by striking #ij days and inserting #fj days2 and 7ii7 by striking #ijth day and inserting #fjth day2 7,b7 in clause 7i71 in the matter preceding subclause 7,i71 by striking #aejth day and inserting #ajjth day2 and 7,c7 in clause 7ii71 by striking #aej and inserting #ajj4 7i7 ,requirements for designating critical habitat ,section #d7;a77#c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;a77#c77 7as amended by subsection 7d77 is amended by adding at the end the following3 7,d7 ,requirements for designating critical habitat ,in designating habitat as critical habitat under this paragraph1 the ,secretary shall designate only the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support #a or more life processes of a species4 4 7j7 ,biological opinions ,section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 is amended by adding at the end the following3 7q7 ,biological opinions 7#a7 ,definition of biological opinion ,in this subsection1 the term biological opinion means the document that states the opinion of the ,secretary as to whether or not an agency action is likely-- 7,a7 to jeopardize the continued existence of a listed species2 or 7,b7 result in the destruction or adverse modification of critical habitat of that species4 7#b7 ,requirements ,a biological opinion shall include-- 7,a7 a summary of the information on which the biological opinion is based2 7,b7 a detailed discussion of the environmental baseline of the listed species and critical habitat2 7,c7 a detailed discussion of the effects of the agency action on the listed species or critical habitat2 and 7,d7 the opinion of the ,secretary on whether the agency action is-- 7i7 likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat1 which shall be known as a jeopardy biological opinion2 or 7ii7 not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat1 which shall be known as a no jeopardy biological opinion4 7#c7 ,adoption of entire initiation package ,in a biological opinion1 the ,secretary may adopt all or part of the initiation package of a ,federal agency prepared in accordance with section #djb4ad7;c7 of title #ej1 ,code of ,federal ,regulations 7as in effect on ,october #bh1 #bjai74 7#d7 ,reasonable and prudent alternative measures 7,a7 ,definition of reasonable and prudent alternative ,in this paragraph1 the term reasonable and prudent alternative means an alternative action identified during a formal consultation that-- 7i7 can be implemented in a manner consistent with the intended purpose of the action2 7ii7 can be implemented consistent with the scope of the legal authority and jurisdiction of a ,federal agency2 and 7iii7 is economically and technologically feasible4 7,b7 ,inclusion of reasonable and prudent alternatives ,in preparing a biological opinion1 the ,secretary shall include reasonable and prudent alternatives1 as applicable4 7,c7 ,no reasonable and prudent alternatives ,if the ,secretary is unable to develop reasonable and prudent alternatives to include in a biological opinion in accordance with subparagraph 7,b71 the ,secretary shall indicate that1 to the knowledge of the ,secretary1 no reasonable or prudent alternatives exist4 4 #e4 ,expediting completion of the mountain valley pipeline 7a7 ,definition of mountain valley pipeline ,in this section1 the term ,mountain ,valley ,pipeline means the ,mountain ,valley ,pipeline project1 as generally described and approved in ,federal ,energy ,regulatory ,commission ,docket ,nos4 ,,cp#af-aj and ,,cp#ai-dgg4 7b7 ,expedited approval ,notwithstanding any other provision of law1 not later than #ba days after the date of enactment of this ,act and for the purpose of facilitating the completion of the ,mountain ,valley ,pipeline-- 7#a7 the ,secretary of the ,army shall issue all permits or verifications necessary-- 7,a7 to complete the construction of the ,mountain ,valley ,pipeline across the waters of the ,united ,states2 and 7,b7 to allow for the operation and maintenance of the ,mountain ,valley ,pipeline2 7#b7 the ,secretary of ,agriculture shall amend the ,land and ,resource ,management ,plan for the ,jefferson ,national ,forest in a manner that is substantively identical to the record of decision with respect to the ,mountain ,valley ,pipeline issued on ,january #aa1 #bjba2 and 7#c7 the ,secretary of the ,interior shall-- 7,a7 reissue the biological opinion and incidental take statement for the ,mountain ,valley ,pipeline in a manner that is substantively identical to the biological opinion and incidental take statement previously issued on ,september #d1 #bjbj2 and 7,b7 grant all necessary rights-of-way and temporary use permits in a manner that is substantively identical to those permits approved in the record of decision with respect to the ,mountain ,valley ,pipeline issued on ,january #ad1 #bjba4 7c7 ,judicial review ,no action taken by the ,secretary of the ,army1 the ,federal ,energy ,regulatory ,commission1 the ,secretary of ,agriculture1 or the ,secretary of the ,interior that grants an authorization1 permit1 verification1 biological opinion1 incidental take statement1 or any other approval related to the ,mountain ,valley ,pipeline1 including the issuance of any authorization1 permit1 verification1 authorization1 biological opinion1 incidental take statement1 or other approval described in subsection 7b71 shall be subject to judicial review4 7d7 ,effect ,this section preempts any statute 7including any other section of this ,act71 regulation1 judicial decision1 or agency guidance that is inconsistent with the issuance of any authorization1 permit1 verification1 authorization1 biological opinion1 incidental take statement1 or other approval described in subsection 7b74