,,ii #aahth ,,congress #ast ,session ,s4 #addi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #d1 #bjbc,mrs4 ,capito 7for herself1 ,mr4 ,barrasso1 ,mr4 ,cramer1 ,ms4 ,lummis1 ,mr4 ,ricketts1 ,mr4 ,boozman1 ,mr4 ,wicker1 ,mr4 ,sullivan1 ,mr4 ,graham1 and ,mr4 ,risch7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to improve the environmental review process1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,revitalizing the ,economy by ,simplifying ,timelines and ,assuring ,regulatory ,transparency ,act or the ,,restart ,act4 #b4 ,modernizing the ,national ,environmental ,policy ,act of #aifi 7a7 ,existing ,,nepa requirements ,section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 is amended-- 7#a7 in subparagraph 7,a71 by striking insure and inserting ensure2 7#b7 in subparagraph 7,b71 by striking insure and inserting ensure2 7#c7 in subparagraph 7,c7-- 7,a7 by inserting consistent with the requirements of this ,act and except as provided by any other provision of law1 before include in every2 7,b7 by striking clauses 7i7 through 7v7 and inserting the following3 7i7 a reasonable number of alternatives to the major ,federal action and effects of those alternatives1 including an analysis of any negative effects of not implementing the major ,federal action in the case of a no action alternative2 7ii7 the relationship between local short-term uses of the human environment and the maintenance and enhancement of long-term productivity2 and 7iii7 any irreversible and irretrievable commitments of ,federal resources that would be involved in the major ,federal action if the action is implemented4 2 and 7,c7 in the undesignated matter following clause 7iii7 7as so amended71 in the second sentence1 by striking the responsible ,federal official and inserting the head of the ,federal lead agency2 7#d7 in subparagraph 7,d7-- 7,a7 in the matter preceding clause 7i71 by striking official1 if3 and inserting official if--2 7,b7 in each of clauses 7i7 and 7ii71 by striking the comma at the end and inserting a semicolon2 7,c7 in clause 7iii71 by striking 1 and and inserting 2 and2 and 7,d7 in clause 7iv71 by striking the period at the end and inserting a semicolon2 7#e7 by redesignating subparagraphs 7,d7 through 7,i7 as subparagraphs 7,f7 through 7,k71 respectively2 7#f7 by inserting after the undesignated matter following subparagraph 7,c7 the following3 7,d7 ensure the professional integrity1 including scientific integrity1 of the discussion and analysis in an environmental document2 7,e7 make use of reliable existing data and resources in carrying out this ,act2 2 7#g7 by striking subparagraph 7,g7 7as so redesignated7 and inserting the following3 7,g7 consistent with the requirements of this ,act1 study1 develop1 and describe technically feasible alternatives in the jurisdiction and authority of the ,federal agency2 2 and 7#h7 in subparagraph 7,h7 7as so redesignated71 by inserting consistent with the requirements of this ,act1 before recognize4 7b7 ,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 ,alternative ,the term alternative means an agency action1 other than a proposed agency action1 that-- 7,a7 is technically and economically feasible2 7,b7 is within the jurisdiction of the ,federal agency2 7,c7 meets the purpose and need of the proposed agency action2 and 7,d7 meets the goals of the project sponsor4 7#b7 ,authorization 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term authorization means any license1 permit1 approval1 finding1 determination1 or other administrative decision issued by a ,federal agency that is required or authorized under ,federal law to implement a proposed agency action4 7,b7 ,programmatic or planning actions ,the term authorization1 with respect to a proposed agency action that is a programmatic or planning action1 does not include a site-specific decision that is intended to implement that action at a later date4 7#c7 ,categorical exclusion ,the term categorical exclusion means a category of actions that a ,federal agency has determined1 according to procedures established by the ,federal agency1 do not normally have a significant effect on the human environment4 7#d7 ,cooperating agency ,the term cooperating agency means any ,federal agency or ,state1 ,tribal1 or local agency that has been designated as a cooperating agency under section #aaa7;a77#d74 7#e7 ,council ,the term ,council means the ,council on ,environmental ,quality4 7#f7 ,effects 7,a7 ,in general ,the term effects means changes to the human environment as a result of a proposed agency action or an alternative1 as applicable1 to be carried out by a ,federal agency that-- 7i7 are reasonably foreseeable1 including changes that may occur not later than #aj years after the date on which the lead agency begins preparing an environmental document in an area directly affected by the proposed agency action or alternative1 as applicable1 such that an individual of ordinary prudence would take such occurrence into account in reaching a decision2 and 7ii7 have a proximate causal relationship to the proposed agency action or an alternative1 as applicable4 7,b7 ,requirement ,for purposes of subparagraph 7,a77ii71 a but for causal relationship is insufficient to establish a proximate causal relationship4 7#g7 ,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 agency action4 7#h7 ,environmental document ,the term environmental document includes an environmental assessment1 a finding of no significant impact1 a notice of intent1 and an environmental impact statement4 7#i7 ,environmental impact statement ,the term environmental impact statement means a detailed statement required to be prepared for a major ,federal action significantly affecting the quality of the human environment in accordance with title ,i4 7#aj7 ,environmental review ,the term environmental review means the process of preparing1 for a proposed agency action in accordance with this ,act1 an environmental impact statement1 an environmental assessment1 a categorical exclusion1 a finding of no significant impact1 or a record of decision4 7#aa7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#ab7 ,finding of no significant impact ,the term finding of no significant impact means a document prepared by a ,federal agency briefly presenting the reasons why a proposed agency action1 not subject to a categorical exclusion-- 7,a7 will not have a significant effect on the human environment2 and 7,b7 will not have an environmental impact statement prepared for the action4 7#ac7 ,involved ,federal agency ,the term involved ,federal agency means a ,federal agency that1 with respect to a proposed agency action-- 7,a7 proposed the action2 or 7,b7 is involved in the action because the action is directly related1 through functional interdependence or geographic proximity1 to an action the ,federal agency has taken or has proposed to take4 7#ad7 ,lead agency ,the term lead agency means the agency or agencies1 in the case of joint lead agencies1 preparing or having taken primary responsibility for carrying out any requirements relating to an environmental review for a proposed agency action pursuant to this ,act4 7#ae7 ,major ,federal action 7,a7 ,in general ,the term major ,federal action means an action that the ,federal agency carrying out the action determines is subject to substantial ,federal control and responsibility4 7,b7 ,exclusions ,the term major ,federal action does not include-- 7i7 a non-,federal action-- 7,i7 with no or minimal ,federal funding2 7,,ii7 with no or minimal ,federal involvement where a ,federal agency cannot control the outcome of the project2 or 7,,iii7 that does not include ,federal land2 7ii7 funding assistance solely in the form of general revenue sharing funds that do not provide ,federal agency compliance or enforcement responsibility over the subsequent use of those funds2 7iii7 loans1 loan guarantees1 or other forms of financial assistance where a ,federal agency does not exercise sufficient control and responsibility over the effect of the action2 7iv7 farm ownership and operating loan guarantees by the ,farm ,service ,agency pursuant to sections #cje and #caa through #cai of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibe1 #aida-aidi72 7v7 business loan guarantees provided by the ,small ,business ,administration pursuant to subsection 7a7 or 7b7 of section #g of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf71 or title ,v of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fie et seq472 7vi7 bringing judicial or administrative civil or criminal enforcement actions2 or 7vii7 extraterritorial activities or decisions1 including agency activities or decisions with effects located entirely outside of the jurisdiction of the ,united ,states4 7,c7 ,determination ,an agency action may not be determined to be a major ,federal action solely on the basis of-- 7i7 an interstate effect of the action or related project2 or 7ii7 the provision of ,federal funds for the action or related project4 7#af7 ,notice of intent ,the term notice of intent means a public notice that a ,federal agency intends to prepare and consider an environmental impact statement for a proposed agency action4 7#ag7 ,page ,the term page means a page that contains not more than #ejj words1 not including any explanatory maps1 diagrams1 graphs1 tables1 or other means of graphically displaying quantitative or geospatial information4 7#ah7 ,project sponsor ,the term project sponsor means the agency or other entity1 including any private or public-private entity1 that seeks an authorization for a proposed agency action4 7#ai7 ,proposed agency action ,the term proposed agency action means an action at a stage when a ,federal agency-- 7,a7 has a goal2 7,b7 is actively preparing to make a decision on #a or more alternatives to accomplish that goal2 and 7,c7 can meaningfully evaluate the effects of the action4 7#bj7 ,special expertise ,the term special expertise1 with respect to a proposed agency action1 means-- 7,a7 having statutory responsibility2 7,b7 that the proposed agency action aligns with the mission of a ,federal agency2 or 7,c7 having related program experience relating to that proposed agency action4 4 7c7 ,procedure for determination of level of review ,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 ,procedure for determination of level of review 7a7 ,threshold determinations ,a ,federal agency shall not be required to prepare an environmental document with respect to a proposed agency action if-- 7#a7 the proposed agency action is not a final agency action 7within the meaning of chapter #e of title #e1 ,united ,states ,code72 7#b7 the proposed agency action is covered by a categorical exclusion established by the agency1 a ,federal agency1 or any other provision of law2 7#c7 the preparation of an environmental document would clearly and fundamentally conflict with the requirements of another provision of law2 7#d7 the proposed agency action is1 in whole or in part1 a nondiscretionary action with respect to which the agency does not have authority to take environmental factors into consideration in determining whether to carry out the proposed action2 7#e7 the proposed agency action is a rulemaking that is subject to section #eec of title #e1 ,united ,states ,code2 or 7#f7 the proposed agency action is an action for which the compliance of the agency with the requirements of another law serves the same or similar function as the requirements of this ,act with respect to the action4 7b7 ,levels of review 7#a7 ,environmental impact statement ,pursuant to section #ajb7b77;,c71 a ,federal agency shall issue an environmental impact statement with respect to a major ,federal action that has a significant effect on the quality of the human environment4 7#b7 ,environmental assessment 7,a7 ,in general ,a ,federal agency shall prepare an environmental assessment with respect to a proposed agency action-- 7i7 that is not likely to have a significant effect on the quality of the human environment2 or 7ii7 for which the significance of the effect on the quality of the human environment is unknown4 7,b7 ,requirement ,an environmental assessment prepared under subparagraph 7,a7 shall be a concise public document prepared by a ,federal agency that briefly provides evidence and analysis for determining whether to prepare an environmental impact statement or a finding of no significant impact4 7#c7 ,sources of information ,in making a determination under this subsection1 an agency-- 7,a7 may make use of any reliable data source2 and 7,b7 shall not be required to carry out new scientific or technical research4 4 7d7 ,environmental impact statement requirements 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 #ajg4 ,environmental impact statement requirements 7a7 ,statement of purpose and need 7#a7 ,in general ,subject to paragraph 7#b71 an environmental impact statement shall briefly specify-- 7,a7 the underlying purpose and need to which a ,federal agency is responding2 and 7,b7 the major ,federal action1 at least #a alternative1 and the effects of the major ,federal action and any alternative4 7#b7 ,statutory authority ,when the statutory duty of a ,federal agency is to review an application for a proposed agency action1 the ,federal agency shall base the purpose and need to which the ,federal agency is responding on the goals of the project sponsor and the authority of the ,federal agency4 7b7 ,cover sheet ,the cover sheet for an environmental impact statement shall include a statement of the estimated total cost of preparing the environmental impact statement1 including the costs of ,federal agency full-time equivalent personnel hours1 contractor costs1 and other direct costs4 7c7 ,page limits 7#a7 ,in general ,except as provided in paragraph 7#b71 an environmental impact statement for a major ,federal action shall not exceed #aej pages4 7#b7 ,unusual complexity ,an environmental impact statement for a major ,federal action of unusual complexity1 as determined by the applicable ,federal agency1 shall not exceed #cjj pages4 7d7 ,timeline 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 for a major ,federal action1 the ,federal agency shall publish in the ,federal ,register the final environmental impact statement or notice of availability of the final environmental impact statement for the major ,federal action4 7#b7 ,failure to act 7,a7 ,in general ,if a ,federal agency fails to publish a final environmental impact statement or notice of availability of the final environmental impact statement in accordance with the timeline described in paragraph 7#a71 and the timeline has not been extended in accordance with paragraph 7#c71 the requirements of this title shall be deemed to have been fulfilled for the major ,federal action4 7,b7 ,no judicial review ,a major ,federal action deemed to fulfill the requirements of this title under subparagraph 7,a7 shall not be subject to judicial review under this title or subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7#c7 ,extension ,the timeline established under paragraph 7#a7 may only be extended if-- 7,a7 the extension is requested1 in writing1 by the project sponsor2 and 7,b7 the applicable ,federal agency concurs1 in writing1 with the extension4 7e7 ,specificity of comments and information 7#a7 ,request for public comment ,a notice of availability of a draft environmental impact statement or draft environmental impact statement published in the ,federal ,register shall include a request for public comment1 within a comment period provided by the applicable ,federal agency1 on-- 7,a7 the applicable major ,federal action1 at least #a alternative to the major ,federal action1 and the effects of each2 and 7,b7 relevant information1 studies1 or analyses with respect to the applicable major ,federal action4 7#b7 ,comments on draft environmental impact statements ,comments and objections relating to a draft environmental impact statement for a major ,federal action shall be raised within a comment period provided by the applicable ,federal agency1 as described in paragraph 7#a74 7#c7 ,unexhausted and forfeited comments ,comments and objections not provided within a comment period described in paragraph 7#a7-- 7,a7 shall be considered unexhausted and forfeited2 and 7,b7 shall not be grounds for judicial review4 7f7 ,record of decision ,each record of decision prepared for a final environmental impact statement by a ,federal agency for a major ,federal action shall-- 7#a7 contain a statement certifying that the ,federal agency considered at least #a alternative and information and analyses relating to the major ,federal action submitted during the process of carrying out the requirements of this title2 and 7#b7 be issued not later than #ij days after the date on which the ,federal agency publishes the final environmental impact statement or notice of availability of the final environmental impact statement in the ,federal ,register4 7g7 ,deadline for issuance of authorizations 7#a7 ,environmental impact statements ,for a major ,federal action for which a record of decision described in subsection 7f7 is prepared1 all authorizations required under any other ,federal law associated with the record of decision shall be issued not later than #ij days after the date on which the ,federal agency publishes the final record of decision or notice of availability of the record of decision for the major ,federal action in the ,federal ,register4 7#b7 ,deemed fulfilled ,for a major ,federal action deemed to have fulfilled the requirements of this title under subsection 7d77#b77;,a71 all authorizations required under any other ,federal law shall be issued not later than #ij days after the date on which the requirements were deemed to have been fulfilled under that subsection4 4 7#b7 ,conforming amendments ,section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 7as amended by subsection 7a77 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 7iii71 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,f7-- 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 ,environmental assessment requirements ,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 #ajh4 ,environmental assessment requirements 7a7 ,statement of purpose and need 7#a7 ,in general ,subject to paragraph 7#b71 an environmental assessment shall briefly specify-- 7,a7 the underlying purpose and need to which a ,federal agency is responding2 and 7,b7 the proposed agency action and the effects of the proposed agency action4 7#b7 ,statutory authority ,when the statutory duty of a ,federal agency is to review an application for a proposed agency action1 the ,federal agency shall base the purpose and need to which the ,federal agency is responding on the goals of the project sponsor and the authority of the ,federal agency4 7b7 ,time limit for preparing and environmental assessment 7#a7 ,in general ,not later than #a year after the date on which a ,federal agency decides to prepare an environmental assessment for a proposed agency action1 the ,federal agency shall publish in the ,federal ,register-- 7,a7 a notice of availability of the environmental assessment2 and 7,b7 the associated finding of no significant impact or notice of availability of the associated finding of no significant impact or notice of intent1 as applicable4 7#b7 ,failure to act 7,a7 ,in general ,if a ,federal agency fails to publish a notice of availability of the environmental assessment and associated finding of no significant impact or notice of intent1 as applicable1 in accordance with the timeline described in paragraph 7#a71 and the timeline has not been extended in accordance with paragraph 7#c71 the proposed agency action shall be deemed to have no significant impacts and the requirements of this title shall be deemed to have been fulfilled for that proposed agency action4 7,b7 ,no judicial review ,a proposed agency action deemed to have no significant impacts and to fulfill the requirements of this title under subparagraph 7,a7 shall not be subject to judicial review under this title or subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7#c7 ,extension ,the timeline established under paragraph 7#a7 may only be extended if-- 7,a7 the extension is requested1 in writing1 by the project sponsor2 and 7,b7 the ,federal agency concurs1 in writing1 with the extension4 7#d7 ,deadline for issuance of authorizations 7,a7 ,materials published ,for a proposed agency action for which the materials described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 were published in the ,federal ,register1 all authorizations required under any other ,federal law shall be issued not later than #ij days after the date on which those materials were published4 7,b7 ,deemed to have no significant impacts ,for a proposed agency action that is deemed to have no significant impacts and for which the requirements of this title are deemed to have been fulfilled under paragraph 7#b77;,a71 all authorizations required under any other ,federal law shall be issued not later than #ij days after the date on which the proposed agency action was so deemed under that paragraph4 7c7 ,page limits ,an environmental assessment shall not exceed #ge pages1 unless otherwise approved and established1 in writing1 by the head of the lead agency4 4 7f7 ,adoption of 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 categorical exclusions ,a categorical exclusion established by a ,federal agency for a category of proposed agency actions shall be adopted by all other ,federal agencies and applied to any proposed agency action that is within the category of proposed agency actions for which the categorical exclusion was established4 4 7g7 ,efficient reviews ,title ,i of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 7as amended by subsection 7f77 is amended by adding at the end the following3 #aaa4 ,efficient reviews 7a7 ,designation of lead agency 7#a7 ,in general ,if there are #b or more involved ,federal agencies that have authority with respect to a proposed agency action1 the involved ,federal agencies shall determine1 by letter or memorandum1 which ,federal agency shall be the ,federal lead agency based on consideration of the following factors3 7,a7 ,magnitude of the involvement of each ,federal agency4 7,b7 ,special expertise concerning the effects of the proposed agency action4 7,c7 ,duration of the involvement of each ,federal agency4 7#b7 ,joint lead agencies 7,a7 ,in general ,in making a determination under paragraph 7#a71 the involved ,federal agencies may appoint ,state1 ,tribal1 or local agencies as joint lead agencies1 as determined appropriate by the involved ,federal agencies4 7,b7 ,roles ,joint lead agencies shall jointly fulfill the role described in paragraph 7#c74 7#c7 ,role ,a lead agency shall1 with respect to a proposed agency action-- 7,a7 supervise the preparation of an environmental document if1 with respect to the proposed agency action1 there is more than #a involved ,federal agency2 7,b7 request the participation of each cooperating agency at the earliest practicable time2 7,c7 in preparing an environmental document1 give consideration to any analysis or proposal created by a cooperating agency with jurisdiction by law or with special expertise2 7,d7 develop a schedule with concurrent reviews1 in consultation with each involved ,federal agency1 the project sponsor1 and such other entities as the lead agency determines appropriate1 for completion of any environmental review or authorization relating to the proposed agency action2 7,e7 if the lead agency determines that an authorization will not be completed in accordance with the schedule developed under subparagraph 7,d71 notify the ,federal agency responsible for issuing the authorization and request that the agency take such measures as the agency determines appropriate to comply with the schedule2 and 7,f7 meet with a cooperating agency that requests a meeting4 7#d7 ,cooperating agency 7,a7 ,designation ,the lead agency may1 with respect to a proposed agency action1 designate any involved ,federal agency or a ,state1 ,tribal1 or local agency as a cooperating agency4 7,b7 ,submission of comments ,a cooperating agency may1 not later than a date specified by the lead agency1 submit comments to the lead agency1 which shall be limited to matters relating to the proposed agency action with respect to which the cooperating agency has special expertise or jurisdiction by law with respect to an environmental issue4 7#e7 ,request for designation of a ,federal lead agency 7,a7 ,in general ,a project sponsor or any ,federal agency or ,state1 ,tribal1 or local agency that is substantially affected by the lack of a designation of a lead agency with respect to a proposed agency action under paragraph 7#a7 may submit a written request for such a designation to each involved ,federal agency4 7,b7 ,submission ,an agency that receives a request under subparagraph 7,a7 shall submit the request to each involved ,federal agency and the ,council4 7#f7 ,council designation of a ,federal lead agency 7,a7 ,request 7i7 ,in general ,not earlier than #de days after the date on which a request is submitted under paragraph 7#e71 if no designation has been made under paragraph 7#a71 the project sponsor or a ,federal agency or ,state1 ,tribal1 or local agency that is substantially affected by the lack of a designation of a lead agency may request that the ,council designate a ,federal lead agency4 7ii7 ,requirements ,a request made under clause 7i7 shall include-- 7,i7 a precise description of the nature and extent of the proposed agency action2 and 7,,ii7 a detailed statement with respect to each involved ,federal agency and each factor described in subparagraphs 7,a7 through 7,d7 of paragraph 7#a7 with respect to which ,federal agency should serve as the ,federal lead agency4 7,b7 ,submission ,the ,council shall submit a request received under subparagraph 7,a7 to each involved ,federal agency4 7,c7 ,response ,an involved ,federal agency may1 not later than #bj days after the date of the submission of a request under subparagraph 7,a71 submit to the ,council a response to the request4 7,d7 ,designation ,not later than #dj days after the date on which an agency or a project sponsor submits a request under subparagraph 7,a77i71 the ,council shall designate the ,federal lead agency with respect to the applicable proposed agency action4 7b7 ,single environmental document and joint record of decision 7#a7 ,in general ,except as provided in paragraph 7#d71 all authorizations relating to a proposed agency action shall rely on a single environmental document and joint record of decision for each kind of environmental document and joint record of decision prepared under this title under the leadership of a lead agency4 7#b7 ,use of environmental document and record of decision 7,a7 ,in general ,the lead agency shall develop environmental documents and records of decision sufficient to satisfy the requirements for any authorization or other action required for or related to a proposed agency action1 including authorizations by other ,federal agencies4 7,b7 ,cooperation of involved ,federal agencies ,involved ,federal agencies shall-- 7i7 cooperate with the lead agency2 and 7ii7 provide timely information to assist the lead agency in carrying out the requirements of this subsection4 7#c7 ,treatment as involved ,federal agencies ,a ,federal agency with responsibility to issue an authorization or take an action for or related to a proposed agency action shall work with the lead agency to ensure that the agency issuing the authorization or taking the action is treated as an involved ,federal agency for the action4 7#d7 ,exceptions ,the lead agency may waive the requirements of paragraph 7#a7 with respect to a proposed agency action if-- 7,a7 the project sponsor requests that agencies issue separate environmental documents2 or 7,b7 the obligations of a cooperating agency or other involved ,federal agency under this title have already been satisfied with respect to the proposed agency action4 7c7 ,scope of review ,in developing an environmental document for a proposed agency action1 the lead agency and any other involved ,federal agencies shall only consider the effects of the proposed agency action that-- 7#a7 occur on ,federal land2 or 7#b7 are subject to ,federal control and responsibility4 7d7 ,project sponsor preparation 7#a7 ,in general ,a lead agency shall allow a project sponsor to prepare an environmental document for a proposed agency action on request of the project sponsor4 7#b7 ,guidance ,a lead agency may provide a project sponsor that elects to prepare an environmental document under paragraph 7#a7 with appropriate guidance and assistance in the preparation of that environmental document4 7#c7 ,independent verification ,a lead agency shall-- 7,a7 independently evaluate the environmental document prepared by a project sponsor under paragraph 7#a72 and 7,b7 take responsibility for the contents of the environmental document on adoption4 4 7h7 ,judicial review ,title ,i of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 7as amended by subsection 7g77 is amended by adding at the end the following3 #aab4 ,judicial review 7a7 ,definition of covered cause of action ,in this section1 the term covered cause of action means a cause of action that-- 7#a7 is filed on or after the date of enactment of this section2 and 7#b7 seeks judicial review-- 7,a7 of a record of decision or finding of no significant impact based on a claim that an environmental review was improperly conducted or an environmental document is invalid under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act72 or 7,b7 under ,federal law of an authorization issued under section #ajg7;g7 or #ajh7;b77#d74 7b7 ,termination of cause of action 7#a7 ,definitions ,in this subsection3 7,a7 ,fully constructed ,the term fully constructed1 with respect to a project or activity1 means that construction of the project or activity was completed-- 7i7 on the date of enactment of this section2 or 7ii7 at some point during the #ahj-;day period preceding that date of enactment4 7,b7 ,operational ,the term operational1 with respect to a project or activity1 means that the project or activity is in operation in some form1 including test mode-- 7i7 on the date of enactment of this section2 or 7ii7 at some point during the #ahj-;day period preceding that date of enactment4 7#b7 ,termination ,any claim 7including any claim pending in a court on the date of enactment of this section7 that seeks judicial review of a record of decision or finding of no significant impact based on an objection that an environmental review was improperly conducted1 and any claim that seeks judicial review of an environmental document as invalid under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 shall be moot and barred on the date of enactment of this section if-- 7,a7 a record of decision or finding of no significant impact has been issued by a ,federal agency at the time at which the project or activity began2 and 7,b7 the project or activity for which the record of decision or finding of no significant impact was issued is fully constructed or operational4 7c7 ,deadline for filing 7#a7 ,in general ,notwithstanding any other provision of ,federal law1 a covered cause of action shall be filed by the date that is #fj days after-- 7,a7 the date on which the lead agency publishes in the ,federal ,register the record of decision or notice of availability of the record of decision1 in the case of an environmental review resulting in a final environmental impact statement2 7,b7 the date on which the ,federal lead agency publishes in the ,federal ,register a finding of no significant impact or notice of availability of the finding of no significant impact1 in the case of an environmental review resulting in a finding of no significant impact2 or 7,c7 the date on which a ,federal agency issues an authorization1 in the case of an authorization issued under section #ajg7;g7 or #ajh7;b77#d74 7#b7 ,prohibition ,a covered cause of action that is not filed by the deadline described in paragraph 7#a7 shall be barred4 7d7 ,deadline for resolution ,a district court of the ,united ,states shall render a final judgment on a covered cause of action-- 7#a7 as expeditiously as practicable2 and 7#b7 not later than the date that is #ahj days after the date on which the covered cause of action is filed4 7e7 ,appellate review ,a court of appeals of the ,united ,states shall render final judgment on a covered cause of action subject to its original jurisdiction or an interlocutory order or final judgment1 decree1 or order of a district court of the ,united ,states in a covered cause of action-- 7#a7 as expeditiously as practicable2 and 7#b7 not later than the date that is #ahj days after the date on which the applicable interlocutory order or final judgment1 decree1 or order of the district court was issued4 7f7 ,remanded actions 7#a7 ,in general ,if a court of competent jurisdiction remands a record of decision1 a finding of no significant impact1 or an authorization under this title to a ,federal agency1 the court shall set a reasonable schedule and deadline for the ,federal agency to act on remand1 which shall not exceed #ahj days from the date on which the order of the court was issued4 7#b7 ,expedited treatment of remanded actions ,the head of the ,federal agency to which a court remands a record of decision1 a finding of no significant impact1 or an authorization under paragraph 7#a7 shall take such actions as may be necessary to provide for the expeditious disposition of the action on remand in accordance with the schedule and deadline set by the court under that paragraph4 7g7 ,random assignment of cases ,to the maximum extent practicable1 district courts of the ,united ,states and courts of appeals of the ,united ,states shall randomly assign cases seeking judicial review in a covered cause of action to judges appointed1 designated1 or assigned to sit as judges of the court in a manner to avoid the appearance of favoritism or bias4 7h7 ,effect ,nothing in this section-- 7#a7 establishes a right to judicial review2 or 7#b7 places any limit on filing a claim that a person has violated the terms of an authorization4 7i7 ,application of categorical exclusions not subject to judicial review ,notwithstanding any other provision of law1 the application of a categorical exclusion to a final agency action by a ,federal agency shall not be subject to judicial review under this title or subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7j7 ,treatment of supplemental or revised environmental documents and records of decision ,for purposes of a covered cause of action-- 7#a7 a supplemental or revised environmental document or record of decision for a proposed agency action1 when required1 shall be considered to be a separate environmental document or record of decision2 and 7#b7 the deadline for filing a claim for judicial review of an environmental document or record of decision described in paragraph 7#a7 shall be the date that is #fj days after the date of publication in the ,federal ,register of a notice of availability of the environmental document or record of decision1 unless a shorter time is specified in the ,federal law pursuant to which judicial review is authorized4 4 #c4 ,clean ,water ,act ,permitting and ,state certification 7a7 ,in general ,section #dja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda7 is amended-- 7#a7 in subsection 7d71 by striking 7d7 ,any certification and inserting the following3 7e7 ,limitations and monitoring requirements of certification ,any certification 2 7#b7 in subsection 7c71 by striking 7c7 ,in order and inserting the following3 7d7 ,authority of secretary of the army ,to permit use of spoil disposal areas by federal licensees or permittees ,in order 2 7#c7 in subsection 7b71 by striking 7b7 ,nothing and inserting the following3 7c7 ,compliance with other provisions of law setting applicable water quality requirements ,nothing 2 7#d7 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 ,definition of water quality requirements ,in this section1 the term water quality requirements means-- 7#a7 the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg2 and 7#b7 any applicable ,state or ,tribal regulatory requirements for point source discharges into waters of the ,united ,states4 7b7 ,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 application1 means1 as applicable-- 7,i7 the ,state or interstate agency to which the certification application was submitted2 or 7,,ii7 if no ,state or interstate agency has the authority to provide the certification described in subparagraph 7,b71 the ,administrator4 7,b7 ,compliance with limitations 7i7 ,certification source 7,i7 ,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 to the ,federal licensing or permitting agency a certification from the ,state in which the discharge originates or will originate or1 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 originate that the discharge will comply with water quality requirements4 7,,ii7 ,certification by ,administrator ,if no ,state or interstate water pollution control agency has the authority to give a certification described in subclause 7,i71 the ,administrator is authorized to provide the certification to the ,federal licensing or permitting agency4 7ii7 ,certification of no limitation and standard 7,i7 ,in general ,in the case of any discharge 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 ,activity prohibited until certification ,activity 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 ,the scope of a certification provided under this section shall be limited to ensuring that a discharge from a federally licensed or permitted activity complies with 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 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 is authorized to provide to the applicable ,federal licensing or permitting agency-- 7aa7 the specific water quality requirements with which the discharge will not comply2 7bb7 a statement explaining why the discharge will not comply with the identified 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 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 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 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 water quality requirements4 7,d7 ,review period 7i7 ,in general ,subject to clause 7iii71 a licensing or permitting agency shall1 categorically or on a case-by-case basis for each certification application1 establish a reasonable period of time 7not to exceed #a year from the date of receipt of the certification application7 within which a certifying authority shall issue a final action on the certification application4 7ii7 ,failure to act ,if a certifying authority fails or refuses to issue a final action as described in subparagraph 7,f7 on a certification application by the end of the reasonable period of time established under clause 7i7 and the reasonable period of time has not been extended in accordance with clause 7iii71 the requirement for a certification under subparagraph 7,b7 shall be waived4 7iii7 ,requirement for extension ,with respect to a certification application1 the reasonable period of time established under clause 7i7 may only be extended if-- 7,i7 the extension is requested1 in writing1 by the applicant2 and 7,,ii7 the certifying authority concurs1 in writing1 with the extension4 7,e7 ,waiver of certification requirement 7i7 ,in general ,a certifying authority may1 at any time during the reasonable period of time described in subparagraph 7,d71 affirmatively waive the requirement for a certification under subparagraph 7,b74 7ii7 ,no judicial review ,notwithstanding any other provision of ,federal law1 including any provision of this section1 a waiver pursuant to clause 7i7 shall not be subject to judicial review4 7,f7 ,final action 7i7 ,in general ,not later than the date on which the reasonable period of time established under subparagraph 7,d7 for a certification application ends or on the date of a waiver pursuant to subparagraph 7,e77i71 as applicable1 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 subparagraph 7,d7 or 7,e7 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,g7 ,enforcement of conditions ,the licensing or permitting authority to which a certification under this subsection was issued may enforce any conditions included with that certification4 7,h7 ,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 and 7#e7 in subsection 7b7 7as so redesignated7-- 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 4 7b7 ,conforming amendment ,section #bag7;b77#b7 of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bcbf;a7b77#b77 is amended by striking section #dja7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda7;c77 and inserting subsection 7d7 of section #dja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda74 #d4 ,definition of navigable waters 7a7 ,in general ,section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb7 is amended-- 7#a7 by striking the heading and section designation and all that follows through ,act3 in the matter preceding paragraph 7#a7 and inserting the following3 #ejb4 ,general definitions ,in this ,act3 2 7#b7 by indenting the margins of each of paragraphs 7#a7 through 7#bj7 appropriately2 7#c7 in each of paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 7#f71 7#h71 7#i71 7#aj71 7#aa71 7#ac71 7#ad71 7#ae71 7#af71 7#ag71 7#ah71 7#ai71 and 7#bj71 by inserting a paragraph heading1 the text of which comprises the term defined in the paragraph2 7#d7 in paragraph 7#ab71 by striking 7#ab7 ,the term and inserting the following3 7#ab7 ,discharge of a pollutant2 discharge of pollutants ,the term 2 7#e7 by redesignating paragraphs 7#a7 through 7#bg7 as paragraphs 7#bd71 7#aj71 7#bc71 7#ab71 7#ag71 7#ai71 7#ac71 7#be71 7#c71 7#ad71 7#f71 7#e71 7#bf71 7#ah71 7#a71 7#d71 7#bb71 7#i71 7#bj71 7#aa71 7#b71 7#g71 7#af71 7#ae71 7#ba71 7#bg71 and 7#h71 respectively1 and moving the paragraphs so as to appear in numerical order2 and 7#f7 by striking paragraph 7#ac7 7as so redesignated7 and inserting the following3 7#ac7 ,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 seas2 7ii7 a body of water1 including a body of water subject to the ebb and flow of the tide1 that-- 7,i7 is used in interstate or foreign commerce2 7,,ii7 has previously been used in interstate or foreign commerce2 or 7,,iii7 may be susceptible for use in interstate or foreign commerce2 7iii7 a tributary2 7iv7 a lake1 pond1 or covered impoundment2 and 7v7 adjacent wetland4 7,b7 ,exclusions ,the terms navigable waters and waters of the ,united ,states do not include-- 7i7 a body of water or a water feature that is not described in subparagraph 7,a72 7ii7 groundwater1 including groundwater drained through a subsurface drainage system2 7iii7 an ephemeral feature1 including an ephemeral stream1 swale1 gully1 rill1 or pool2 7iv7 diffuse stormwater run-off and directional sheet flow over upland2 7v7 a ditch that is not described in clause 7i71 7ii71 or 7iii7 of subparagraph 7,a72 7vi7 the portion of a ditch constructed in an adjacent wetland that does not meet the requirements described in subparagraph 7,c77i72 7vii7 prior converted cropland2 7viii7 an artificially irrigated area1 including a field flooded for agricultural production1 that would revert to upland if the application of irrigation waters to that areas cease2 7ix7 an artificial lake or pond1 including a water storage reservoir and a farm1 irrigation1 stock watering1 or log cleaning pond1 that is constructed or excavated in upland or in a body of water that is not otherwise described in subparagraph 7,a71 if the artificial lake or pond is not otherwise a lake1 pond1 or covered impoundment2 7x7 a water-filled depression constructed or excavated in upland or in a body of water that is not otherwise described in subparagraph 7,a7 that is incidental to mining or construction activity2 7xi7 a pit excavated in upland or in a body of water that is not otherwise described in subparagraph 7,a7 to obtain fill1 sand1 or gravel2 7xii7 a stormwater control feature constructed or excavated in upland or in a body of water that is not otherwise described in subparagraph 7,a7 to convey1 treat1 infiltrate1 or store stormwater runoff2 7xiii7 a groundwater recharge1 water reuse1 or wastewater recycling structure1 including a detention1 retention1 or infiltration basin or pond1 that is constructed or excavated in upland or in a body of water that is not otherwise described in subparagraph 7,a72 or 7xiv7 a waste treatment system4 7,c7 ,associated definitions ,in this paragraph3 7i7 ,adjacent wetland 7,i7 ,in general ,the term adjacent wetland means a wetland that-- 7aa7 touches at least #a point or side of a body of water described in clause 7i71 7ii71 7iii71 or 7iv7 of subparagraph 7,a72 7bb7 is inundated by flooding from a body of water described in clause 7i71 7ii71 7iii71 or 7iv7 of subparagraph 7,a7 in a typical year2 or 7cc7 is physically separated from a body of water described in clause 7i71 7ii71 7iii71 or 7iv7 of subparagraph 7,a7 only by-- 7,,aa7 a natural berm1 bank1 dune1 or similar natural feature2 or 7,,bb7 an artificial dike1 an artificial barrier1 or a similar artificial structure1 if that structure allows for a direct hydrologic surface connection between the wetland and the body of water described in clause 7i71 7ii71 7iii71 or 7iv7 of subparagraph 7,a7 during a typical year1 such as through a culvert1 flood or tide gate1 pump1 or similar artificial feature4 7,,ii7 ,effect of roads and other structures ,for the purposes of subparagraph 7,a77v71 the division of an adjacent wetland by a road or similar artificial structure does not prevent the adjacent wetland in its entirety from being a navigable water or water of the ,united ,states if the road or similar artificial structure allows for a direct hydrologic surface connection through or over that structure in a typical year4 7ii7 ,body of water subject to the ebb and flow of the tide 7,i7 ,in general ,the term body of water subject to the ebb and flow of the tide means a body of water that rises and falls in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun4 7,,ii7 ,end of influence ,for purposes of this clause1 a body of water described in subclause 7,i7 ends when the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by hydrologic1 wind1 or other effects4 7iii7 ,ditch ,the term ditch means a constructed or excavated channel used to convey water4 7iv7 ,ephemeral ,the term ephemeral means surface water flowing or pooling only in direct response to precipitation1 such as rain or snow fall4 7v7 ,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 tide4 7,,ii7 ,inclusion ,the term high tide line includes the maximum height reached by a spring high tide or other high tide that occurs with periodic frequency4 7,,iii7 ,exclusion ,the term high tide line does not include the maximum height reached as a result of a storm surge in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds1 such as those accompanying a hurricane or other intense storm4 7,,iv7 ,methods of determination in the absence of data ,for purposes of this clause1 in the absence of data on the high tide line1 the high tide line may be determined by-- 7aa7 a line of oil or scum along shore objects2 7bb7 a more or less continuous deposit of fine shell or debris on the foreshore or berm2 7cc7 other physical markings or characteristics2 7dd7 vegetation lines2 7ee7 tidal gages2 or 7ff7 other suitable means that delineate the general height reached by a rising tide4 7vi7 ,intermittent ,the term intermittent means surface water that flows continuously during certain times of the year and more than in direct response to precipitation1 such as water that flows seasonally when the groundwater table is elevated or when snowpack melts4 7vii7 ,lake1 pond1 or covered impoundment 7,i7 ,in general ,the term lake1 pond1 or covered impoundment means a standing body of open water that contributes surface water flow to a body of water described in clause 7i7 or 7ii7 of subparagraph 7,a7 during a typical year through-- 7aa7 direct means2 or 7bb7 #a or more bodies of water described in clause 7iii71 7iv71 or 7v7 of that subparagraph4 7,,ii7 ,inclusion ,the term lake1 pond1 or covered impoundment includes a body of water described in subclause 7,i7 that-- 7aa7 contributes surface water flow to a downstream body of water described in subparagraph 7,a7 in a typical year through-- 7,,aa7 a channelized surface water feature that is not otherwise described in that subparagraph2 7,,bb7 a culvert1 dike1 spillway1 or other similar artificial feature2 or 7,,cc7 a debris pile boulder field1 or similar natural feature2 or 7bb7 is inundated by flooding from a body of water described in clause 7i71 7ii71 7iii71 or 7iv7 of subparagraph 7,a7 during a typical year4 7viii7 ,ordinary high water mark ,the term ordinary high water mark means a line on the shore of a body of water-- 7,i7 established by the fluctuations of the water2 and 7,,ii7 indicated by physical characteristics such as-- 7aa7 a clear1 natural line impressed on the bank2 7bb7 shelving2 7cc7 changes in the character of the soil2 7dd7 destruction of terrestrial vegetation2 7ee7 the presence of litter and debris2 and 7ff7 other appropriate means that consider the characteristics of the surrounding areas4 7ix7 ,perennial ,the term perennial means surface water that flows continuously throughout the year4 7x7 ,prior converted cropland 7,i7 ,in general ,the term prior converted cropland means an 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 ,designation by ,secretary of ,agriculture ,for purposes of this clause-- 7aa7 the ,secretary of ,agriculture may designate an area as prior converted cropland2 and 7bb7 except as provided in subclause 7,,iii71 the ,administrator and the ,secretary shall recognize a designation by the ,secretary of ,agriculture under item 7aa7 for purposes of this ,act4 7,,iii7 ,exclusion 7aa7 ,in general ,the term prior converted cropland does not include an area described in subclause 7,i7 that has1 as determined by the ,secretary1 in coordination with the heads of other relevant ,federal agencies1 as appropriate-- 7,,aa7 subject to items 7bb7 and 7cc71 been abandoned2 and 7,,bb7 reverted to a wetland4 7bb7 ,abandonment ,for purposes of subitem 7,,aa7 of item 7aa71 an area described in that item is considered abandoned when the area is not used for1 or in support of1 agricultural purposes at least once in the #e-year period immediately preceding a determination described in that item4 7cc7 ,final authority ,notwithstanding a determination by the ,secretary of whether an area described in subclause 7,i7 has been abandoned1 the ,administrator shall have final authority to make that determination4 7xi7 ,secretary ,the term ,secretary means the ,secretary of the ,army1 acting through the ,chief of ,engineers4 7xii7 ,snowpack ,the term snowpack means #a or more layers of snow that have accumulated over an extended period of time in certain geographic regions or at high elevations1 such as in northern climes or in mountainous regions4 7xiii7 ,tributary 7,i7 ,in general ,the term tributary means a river1 stream1 or similar naturally occurring surface water channel that contributes perennial or intermittent surface water flow to a body of water described in clause 7i7 or 7ii7 of subparagraph 7,a7 in a typical year through-- 7aa7 direct means2 or 7bb7 #a or more bodies of water described in clause 7iii71 7iv71 or 7v7 of that subparagraph4 7,,ii7 ,inclusion 7aa7 ,alteration or relocation ,the alteration or relocation of a channel described in subclause 7,i7 does not otherwise modify the status of the channel under this paragraph if the channel continues to meet the requirements of subclause 7,i7 after that alteration or relocation4 7bb7 ,effect of flow through certain features ,a channel described in subclause 7,i7 shall be considered a tributary for purposes of this clause if the channel contributes surface water flow in a typical year through-- 7,,aa7 a channelized surface water feature that is not otherwise described in subparagraph 7,a72 7,,bb7 a subterranean river2 7,,cc7 a culvert1 dam1 tunnel1 or similar artificial feature2 or 7,,dd7 a debris pile1 boulder field1 or similar natural feature4 7cc7 ,relocation ,a ditch that relocates a tributary1 is constructed in a tributary1 or is constructed in an adjacent wetland is a tributary if the ditch meets the requirements of subclause 7,i74 7xiv7 ,typical year ,the term typical year means a year within which precipitation and other climactic variables are within the normal periodic range 7e4g41 seasonally1 annually7 for the geographic area of the applicable body of water based on the most recent #cj-year period4 7xv7 ,upland ,the term upland means a land area that1 under normal circumstances-- 7,i7 is not a wetland because it does not meet the requirements described in each of items 7aa71 7bb71 and 7cc7 of clause 7xvii77,i72 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 7xvi7 ,waste treatment system ,the term waste treatment system includes all components1 including lagoons and treatment ponds 7such as settling or cooling ponds71 that are 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 7xvii7 ,wetland 7,i7 ,in general ,the term wetland means an area-- 7aa7 that is inundated or saturated by surface water or groundwater2 7bb7 for which the inundation or saturation described in item 7aa7 is at a frequency and duration sufficient to support1 and that under normal circumstances does support1 a prevalence of vegetation2 and 7cc7 in which the vegetation described in item 7bb7 is typically adapted for life in saturated soil conditions4 7,,ii7 ,inclusions ,the term wetland includes swamps1 marshes1 bogs1 and similar areas4 4 7b7 ,conforming amendments 7#a7 ,section #aji7;e7 of the ,deep ,seabed ,hard ,mineral ,resources ,act 7#cj ,u4,s4,c4 #adai7;e77 is amended-- 7,a7 by striking section #ejb7ab77;,b7 of the ,clean ,water ,act and inserting paragraph 7#e77;,b7 of section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb72 and 7,b7 by striking to the ,clean ,water ,act and inserting to the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq474 7#b7 ,section #eja7;b7 of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #abga note2 ,public ,law #ajb-ehj7 is amended-- 7,a7 in paragraph 7#b71 by striking section #ejb7g7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb7g77 and inserting section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb72 and 7,b7 in paragraph 7#c71 by striking section #ejb7f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb7f77 and inserting section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb74 7#c7 ,section #cji7;c77#f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acai7;c77#f77 is amended by striking section #ejb7e7 of this ,act and inserting section #ejb4 7#d7 ,section #ajg7;f7 of the ,ocean ,thermal ,energy ,conversion ,act of #aihj 7#db ,u4,s4,c4 #iaag7;f77 is amended by striking section #ejb7ab77;,b7 of the ,federal ,water ,pollution ,control ,act of #aigb 7#cc ,u4,s4,c4 #acfb7ab77;,b77 and inserting paragraph 7#e77;,b7 of section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb74 #e4 ,providing regulatory certainty under the ,federal ,water ,pollution ,control ,act 7a7 ,codification of nationwide permits 7#a7 ,in general ,the ,nationwide ,permits issued1 reissued1 or modified1 as applicable1 in the following final rules of the ,corps of ,engineers are enacted into law3 7,a7 ,the final rule of the ,corps of ,engineers entitled ,reissuance and ,modification of ,nationwide ,permits 7#hf ,fed4 ,reg4 #bgdd 7,january #ac1 #bjba774 7,b7 ,the final rule of the ,corps of ,engineers entitled ,reissuance and ,modification of ,nationwide ,permits 7#hf ,fed4 ,reg4 #gcebb 7,december #bg1 #bjba774 7#b7 ,period of applicability 7,a7 ,in general ,paragraph 7#a7 ceases to be effective ,march #ad1 #bjbf4 7,b7 ,effect ,notwithstanding subparagraph 7,a71 the ,nationwide ,permits described in paragraph 7#a7 shall remain in effect on and after the date described in that subparagraph until the date on which the ,nationwide ,permits are reissued or modified4 7b7 ,national pollutant discharge elimination system ,section #djb7;b77#a77;,b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7;b77#a77;,b77 is amended by striking five years and inserting #aj years4 7c7 ,certainty on availability of ,national ,pollutant ,discharge ,elimination ,system general permits ,section #djb7;a77#c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7;a77#c77 is amended-- 7#a7 by striking 7#c7 ,the permit and inserting the following3 7#c7 ,terms1 conditions1 and requirements 7,a7 ,in general ,except as provided in subparagraph 7,b71 the permit 2 and 7#b7 by adding at the end the following3 7,b7 ,exception ,notwithstanding subsection 7b77#a77;,b71 a general permit issued or reissued by the ,administrator on or after ,september #ai1 #bjag1 under the permit program under paragraph 7#a7 shall remain in effect until the date on which the ,administrator reissues or modifies that general permit4 4 7d7 ,permitting requirements for certain discharges of fire retardant 7#a7 ,definition of federal land management agency ,in this subsection1 the term ,federal land management agency means-- 7,a7 the ,forest ,service2 7,b7 the ,national ,park ,service2 7,c7 the ,bureau of ,land ,management2 7,d7 the ,united ,states ,fish and ,wildlife ,service2 7,e7 the ,bureau of ,indian ,affairs2 and 7,f7 the ,federal ,emergency ,management ,agency4 7#b7 ,no permitting required ,notwithstanding any provision of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 a permit under section #djb of that ,act 7#cc ,u4,s4,c4 #acdb7 shall not be required for the discharge of fire retardant in connection with fire suppression1 control1 or prevention activities carried out by a ,federal land management agency1 a ,state government1 a political subdivision of a ,state1 or a ,tribal government4 #f4 ,prohibition on retroactive permit vetoes ,section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,authority of ,,epa ,administrator 7#a7 ,possible prohibition of specification ,until such time as the ,secretary has issued a permit under this section1 the ,administrator may prohibit the specification 7including the withdrawal of specification7 of any defined area as a disposal site1 and the ,administrator may deny or restrict the use of any defined area for specification 7including the withdrawal of specification7 as a disposal site1 whenever the ,administrator determines1 after notice and opportunity for public hearings1 that the discharge of those materials into that area will have an unacceptable adverse effect on municipal water supplies1 shellfish beds and fishery areas 7including spawning and breeding areas71 wildlife1 or recreational areas4 7#b7 ,consultation required ,before making a determination under paragraph 7#a71 the ,administrator shall consult with the ,secretary4 7#c7 ,written findings required ,the ,administrator shall set forth in writing and make public the findings and reasons of the ,administrator for making any determination under this subsection4 4 #g4 ,efficient consultations under the ,endangered ,species ,act of #aigc 7a7 ,timelines for section #g consultations ,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 or more and inserting #ajj or more4 7b7 ,state assumption of consultation responsibilities 7#a7 ,definitions ,in this subsection3 7,a7 ,program ,the term program means the program carried out by the ,secretary pursuant to this subsection4 7,b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7,c7 ,state ,the term ,state means-- 7i7 each of the several ,states of the ,united ,states2 7ii7 the ,district of ,columbia2 7iii7 the ,commonwealth of ,puerto ,rico2 7iv7 ,guam2 7v7 ,american ,samoa2 7vi7 the ,commonwealth of the ,northern ,mariana ,islands2 and 7vii7 the ,united ,states ,virgin ,islands4 7,d7 ,state agency ,the term ,state agency means any agency1 department1 board1 commission1 or other governmental entity in a ,state with primary jurisdiction over environmental or wildlife management matters in the ,state1 as determined by the ,governor of the ,state4 7#b7 ,program 7,a7 ,in general ,the ,secretary shall carry out a program under which the ,secretary may assign consultation responsibilities described in subparagraph 7,b77i7 to ,states4 7,b7 ,assumption of responsibility 7i7 ,in general ,subject to the requirements of this subsection1 with the written agreement of the ,secretary and a ,state1 which may be in the form of a memorandum of understanding1 the ,secretary may assign1 and the ,state may assume1 the consultation responsibilities of the ,secretary within the boundary of the ,state under subsections 7a71 7b71 and 7c7 of section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf74 7ii7 ,procedural and substantive requirements ,a ,state shall assume responsibility under the program subject to the same procedural and substantive requirements as would apply if that responsibility were carried out by the ,secretary4 7iii7 ,federal responsibility ,any responsibility of the ,secretary not explicitly assumed by the ,state by written agreement under the program shall remain the responsibility of the ,secretary4 7#c7 ,state participation 7,a7 ,participating ,states ,all ,states are eligible to participate in the program4 7,b7 ,application 7i7 ,in general ,a ,state seeking to participate in the program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 which shall include-- 7,i7 verification of the financial and legal resources necessary to carry out the authority that may be granted to the ,state under the program2 7,,ii7 verification of the personnel resources or a plan to hire the personnel1 not later than #a year after the date on which the application is approved1 necessary to carry out the authority that may be granted to the ,state under the program2 and 7,,iii7 evidence of the notice and solicitation of public comment by the ,state relating to participation of the ,state in the program1 including copies of comments received from that solicitation4 7ii7 ,denial 7,i7 ,in general ,the ,secretary shall only deny an application submitted by a ,state under clause 7i7 if the ,secretary determines that the ,state does not demonstrate the legal1 financial1 or personnel capability to assume responsibility under the program4 7,,ii7 ,denial requirements ,on denial of an application submitted by a ,state under clause 7i7-- 7aa7 the ,secretary shall-- 7,,aa7 respond to the ,state in writing1 identifying the reasons for the denial2 and 7,,bb7 at the request of the ,state1 provide technical assistance to the ,state to address the reasons identified under subitem 7,,aa72 and 7bb7 the ,state may reapply in accordance with the requirements of clause 7i74 7,c7 ,public notice 7i7 ,in general ,not less than #cj days before the date of submission of an application of a ,state under subparagraph 7,b77i71 the ,state shall1 in accordance with the applicable public notice law of the ,state-- 7,i7 publish the complete application of the ,state2 and 7,,ii7 provide an opportunity for public comment on the application1 which shall not exceed #cj days4 7ii7 ,response to comments ,notwithstanding any other provision of law1 a ,state shall not be required to respond to public comments received under clause 7i77,,ii74 7,d7 ,selection criteria ,the ,secretary shall approve the application of a ,state submitted under subparagraph 7,b77i7 if-- 7i7 the ,secretary determines that the ,state has demonstrated the legal1 financial1 and current or future personnel capability to assume the responsibility2 and 7ii7 the head of the ,state agency enters into a written agreement with the ,secretary described in paragraph 7#d77;,a74 7,e7 ,failure to approve or deny application ,if the ,secretary fails to make a determination with respect to any application submitted under subparagraph 7,b77i7 within #ahj days after the date on which the ,secretary receives that application-- 7i7 the application shall be deemed approved2 and 7ii7 the ,secretary shall-- 7,i7 notify the ,state that submitted the application of the approval2 and 7,,ii7 execute a written agreement described in paragraph 7#d77;,a74 7#d7 ,written agreement 7,a7 ,in general ,a written agreement referred to in paragraph 7#c77;,d77ii7 shall-- 7i7 be executed by the ,governor or the top-ranking environmental official in the ,state who is charged with responsibility for environmental matters2 7ii7 be in such form as the ,secretary may prescribe2 7iii7 provide that the ,state-- 7,i7 agrees to assume all or part of the responsibilities of the ,secretary described in paragraph 7#b77;,b72 7,,ii7 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 ,secretary assumed by the ,state2 7,,iii7 certifies that ,state laws 7including regulations7 are in effect that-- 7aa7 authorize the ,state to take the actions necessary to carry out the responsibilities being assumed2 and 7bb7 are comparable to section #eeb of title #e1 ,united ,states ,code1 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,,iv7 agrees to maintain the financial resources necessary to carry out the responsibilities being assumed2 7iv7 require the ,state to provide to the ,secretary any information the ,secretary reasonably considers necessary to ensure that the ,state is adequately carrying out the responsibilities assigned to the ,state2 7v7 be renewable2 and 7vi7 have a term of-- 7,i7 not more than #e years2 or 7,,ii7 #aj years1 in the case of a ,state that has participated in a program under this subsection 7or under a predecessor program7 for not less than #aj years4 7,b7 ,role of ,secretary ,the ,secretary shall not delegate the responsibilities of the ,secretary with respect to entering into a written agreement with a ,state under subparagraph 7,a74 7#e7 ,jurisdiction 7,a7 ,in general ,the district courts of the ,united ,states shall have exclusive jurisdiction over any civil action against a ,state for failure to carry out any responsibility of the ,state under the program4 7,b7 ,legal standards and requirements ,a civil action under subparagraph 7,a7 shall be governed by the legal standards and requirements that would apply in such a civil action against the ,secretary had the ,secretary taken the actions in question4 7,c7 ,intervention ,the ,secretary shall have the right to intervene in any action described in subparagraph 7,a74 7#f7 ,effect of assumption of responsibility ,a ,state that assumes responsibility under paragraph 7#b77;,b7 shall be solely responsible and solely liable for carrying out1 in lieu of and without further approval of the ,secretary1 the responsibilities assumed under that paragraph1 until the ,secretary or the ,state1 as applicable1 terminates the participation of the ,state in the program in accordance with subparagraph 7,a7 or 7,b7 of paragraph 7#aa71 as applicable4 7#g7 ,limitations on agreements ,nothing in this subsection permits a ,state to assume any rulemaking authority of the ,secretary under any ,federal law4 7#h7 ,audits 7,a7 ,in general ,to ensure compliance by a ,state with any agreement of the ,state under paragraph 7#c77;,d77ii7 7including compliance by the ,state with all ,federal laws for which responsibility is assumed under paragraph 7#b77;,b771 for each ,state participating in the program1 the ,secretary shall-- 7i7 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 7ii7 conduct annual audits during each of the first #d years of ,state participation2 7iii7 in the case of an agreement period of greater than #e years pursuant to paragraph 7#d77;,a77vi77,,ii71 conduct an audit covering the first #e years of the agreement period2 and 7iv7 ensure that the time period for completing an audit1 from initiation to completion 7including public comment and responses to those comments71 does not exceed #ahj days4 7,b7 ,public availability and comment 7i7 ,in general ,an audit conducted under subparagraph 7,a7 shall be provided to the public for comment4 7ii7 ,response ,not later than #fj days after the date on which the period for public comment ends-- 7,i7 the ,secretary shall respond to public comments received under clause 7i72 and 7,,ii7 to the extent necessary1 the applicable ,state agency may respond to those comments4 7,c7 ,audit team 7i7 ,in general ,an audit conducted under subparagraph 7,a7 shall be carried out by an audit team determined by the ,secretary1 in consultation with the ,state1 in accordance with clause 7ii74 7ii7 ,consultation ,consultation with the ,state under clause 7i7 shall include a reasonable opportunity for the ,state to review and provide comments on the proposed members of the audit team4 7iii7 ,limitation ,an audit team shall only include-- 7,i7 qualified staff of regional and headquarters offices of the ,united ,states ,fish and ,wildlife ,service2 7,,ii7 staff of the ,department of the ,interior ,office of ,inspector ,general2 and 7,,iii7 staff of the applicable ,state agency4 7#i7 ,monitoring ,after the fourth year of the participation of a ,state in the program1 the ,secretary shall monitor compliance by the ,state with the written agreement entered into under paragraph 7#c77;,d77ii71 including the provision by the ,state of financial resources to carry out the written agreement4 7#aj7 ,report to ,congress ,the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives an annual report that describes the administration of the program1 which shall include an identification of-- 7,a7 the number of active written agreements entered into under paragraph 7#c77;,d77ii7 being carried out2 7,b7 the number of pending written agreements entered into under that paragraph2 7,c7 the number of applications denied under paragraph 7#c77;,b77ii7 and the reasons for those denials1 if any2 and 7,d7 the results of any audits completed pursuant to paragraph 7#h7 in the year covered by the report4 7#aa7 ,termination 7,a7 ,termination by the ,secretary ,the ,secretary may terminate the participation of a ,state in the program if-- 7i7 the ,secretary determines that the ,state is not adequately carrying out the responsibilities assigned to the ,state2 7ii7 the ,secretary provides to the ,state-- 7,i7 a notification of the determination of noncompliance2 7,,ii7 a period of not less than #abj days to take corrective action as the ,secretary determines to be necessary to comply with the applicable agreement2 and 7,,iii7 on request of the ,governor of the ,state1 a detailed description of each responsibility in need of corrective action relating to an inadequacy identified under clause 7i72 and 7iii7 the ,state1 after the notification and period provided under clause 7ii71 fails to take satisfactory corrective action1 as determined by the ,secretary4 7,b7 ,termination by the ,state ,the ,state may terminate the participation of the ,state in the program at any time by providing to the ,secretary a notice not later than the date that is #ij days before the date of termination1 subject to such terms and conditions as the ,secretary may provide4 7#ab7 ,capacity building ,the ,secretary1 in cooperation with relevant ,state officials1 shall provide funding for education1 training1 peer-exchange1 and other initiatives as appropriate-- 7,a7 to assist ,states in developing the capacity to participate in the program2 and 7,b7 to promote information sharing and collaboration among ,states that are participating in the program4 7#ac7 ,agency deemed to be federal agency ,a ,state agency that is assigned a responsibility under an agreement under the program shall be deemed to be an agency for the purposes of section #bdab of title #bh1 ,united ,states ,code4 #h4 ,new source review permitting 7a7 ,clarification of definition of a modification for emission rate increases1 pollution control1 efficiency1 safety1 and reliability projects ,paragraph 7#d7 of section #aaa7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;a77 is amended-- 7#a7 by inserting 7,a7 before ,the term2 7#b7 by inserting before the period at the end the following3 4 ,for purposes of the preceding sentence1 a change increases the amount of any air pollutant emitted by such source only if the maximum hourly emission rate of an air pollutant that is achievable by such source after the change is higher than the maximum hourly emission rate of such air pollutant that was achievable by such source during any hour in the #aj-year period immediately preceding the change2 and 7#c7 by adding at the end the following3 7,b7 ,notwithstanding subparagraph 7,a71 the term modification does not include a change at a stationary source that is designed-- 7i7 to reduce the amount of any air pollutant emitted by the source per unit of production2 or 7ii7 to restore1 maintain1 or improve the reliability of operations at1 or the safety of1 the source1 except1 with respect to either clause 7i7 or 7ii71 when the change would be a modification as defined in subparagraph 7,a7 and the ,administrator determines that the increase in the maximum achievable hourly emission rate of a pollutant from such change would cause an adverse effect on human health or the environment4 4 7b7 ,clarification of definition of construction for prevention of significant deterioration ,section #afi7b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdgi7b77 is amended by striking subparagraph 7,c7 and inserting the following3 7,c7 ,the term construction1 when used in connection with a major emitting facility1 includes a modification 7as defined in section #aaa7;a77 at such facility1 except that for purposes of this subparagraph a modification does not include a change at a major emitting facility that does not result in a significant emissions increase1 or a significant net emissions increase1 in annual actual emissions at such facility4 4 7c7 ,clarification of definition of modifications and modified for nonattainment areas ,section #aga of the ,clean ,air ,act 7#db ,u4,s4,c4 #geja7 is amended by striking paragraph 7#d7 and inserting the following3 7#d7 ,the terms modifications and modified mean a modification as defined in section #aaa7;a77#d71 except that such terms do not include a change at a major emitting facility that does not result in a significant emissions increase1 or a significant net emissions increase1 in annual actual emissions at such facility4 4 7d7 ,rule of construction ,nothing in this section or the amendments made by this section shall be construed to treat any change as a modification for purposes of any provision of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 if such change would not have been so treated as of the day before the date of enactment of this ,act4 #i4 ,prohibitions on use of social cost of greenhouse gas estimates 7a7 ,in general ,in promulgating regulations1 issuing guidance1 or taking any agency action 7as defined in section #eea of title #e1 ,united ,states ,code7 relating to the social cost of greenhouse gases1 no ,federal agency shall adopt or otherwise use any estimates for the social cost of carbon1 methane1 or nitrous oxide that-- 7#a7 may increase the cost of energy1 including the levelized cost of electricity and gasoline prices1 as determined through a review by the ,energy ,information ,administration2 or 7#b7 could prolong the timeline necessary to promulgate that regulation1 guidance1 or agency action4 7b7 ,inclusion ,the estimates referred to in subsection 7a7 include the interim estimates in the document of the ,interagency ,working ,group on the ,social ,cost of ,greenhouse ,gases entitled ,technical ,support ,document3 ,social ,cost of ,carbon1 ,methane1 and ,nitrous ,oxide ,interim ,estimates under ,executive ,order #aciij and dated ,february #bjba4 #aj4 ,policy review under the ,clean ,air ,act ,section #cji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfji7 is amended to read as follows3 #cji4 ,policy review 7a7 ,environmental impact of proposed legislation 7#a7 ,in general ,the ,administrator shall review1 and comment in writing1 on the environmental impact of any matter relating to the duties and responsibilities granted to the authority of the ,administrator pursuant to this ,act or any other law contained in any legislation proposed by a ,federal department4 7#b7 ,publish ,a written comment referred to in paragraph 7#a7 shall be made public at the conclusion of any review conducted under that paragraph4 7b7 ,unsatisfactory legislation ,if the ,administrator determines that any legislation reviewed under subsection 7a77#a7 is unsatisfactory from the standpoint of public health1 welfare1 or environmental quality1 the ,administrator shall publish the determination of the ,administrator and the matter shall be referred to the ,council on ,environmental ,quality4 4 #aa4 ,domestic energy independence report ,not later than #abj days after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency1 in consultation with the ,secretary of ,energy1 shall submit to ,congress a report that identifies and assesses regulations promulgated by the ,administrator of the ,environmental ,protection ,agency during the #ae-year period ending on the date of enactment of this ,act that have-- 7#a7 reduced the energy independence of the ,united ,states2 7#b7 increased the regulatory burden for energy producers in the ,united ,states2 7#c7 decreased the energy output by those energy producers2 7#d7 reduced the energy security of the ,united ,states2 or 7#e7 increased energy costs for consumers in the ,united ,states4 #ab4 ,state primary enforcement responsibility 7a7 ,amendments ,section #adbb7;b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h-#a7;b77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking 7#b7 ,within ninety days and inserting the following3 7#b7 ,required timeline 7,a7 ,in general ,within #ij days 2 7,b7 in subparagraph 7,a7 7as so designated71 by striking and after reasonable opportunity for presentation of views2 and 7,c7 by adding at the end the following3 7,b7 ,failure to act 7i7 ,definition of ,class ,,vi ,well ,in this subparagraph1 the term ,class ,,vi well means a well described in section #add4f7;f7 of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subparagraph74 7ii7 ,notice to ,state ,if1 #ahj calendar days after the date on which a ,state's application is submitted under paragraph 7#a77;,a7 or notice is submitted under 7#a77;,b71 the ,administrator has not1 pursuant to subparagraph 7,a71 by rule approved1 disapproved1 or approved in part and disapproved in part the underground injection control program of the ,state for ,class ,,vi wells1 the ,administrator shall submit to the ,state1 in writing1 a detailed explanation as to the status of the application or notice4 7iii7 ,deemed approval ,the underground injection control program of a ,state for ,class ,,vi wells shall be deemed to be approved if-- 7,i7 by the date that is #cj days after the end of the #ahj-;day period described in clause 7ii71 the ,administrator has not by rule approved1 disapproved1 or approved in part and disapproved in part the underground injection control program of the ,state for ,class ,,vi wells2 and 7,,ii7 the ,state has established and implemented a primary enforcement authority program for #a or more classes of underground injection control wells 7including adequate recordkeeping and reporting7 to prevent underground injection that endangers drinking water sources4 7iv7 ,limitation ,the ,administrator shall not condition the processing or approval of a ,state's application under paragraph 7#a77;,a7 or notice under paragraph 7#a77;,b7 for a primary enforcement authority program for ,class ,,vi wells on the addition or revision of any other program1 including any primary enforcement authority program for #a or more classes of underground injection control wells that are not ,class ,,vi wells4 2 7#b7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,opportunity for presentation of views ,before promulgating any rule under paragraph 7#b7 or 7#c7 of this subsection1 the ,administrator shall-- 7,a7 provide a reasonable opportunity for presentation of views with respect to that rule1 including a public hearing and a public comment period2 and 7,b7 publish in the ,federal ,register notice of the reasonable opportunity for presentation of views provided under subparagraph 7,a74 2 and 7#c7 by adding at the end the following3 7#e7 ,preapplication activities ,the ,administrator shall work as expeditiously as possible with ,states to complete any necessary activities relevant to the submission of an application under paragraph 7#a77;,a7 or notice under paragraph 7#a77;,b74 7#f7 ,report 7,a7 ,in general ,not later than #ij days after the date of enactment of this paragraph1 the ,administrator shall submit to the appropriate congressional committees a report1 including recommendations1 regarding the availability of staff and resources to promptly carry out the ,class ,,vi wells 7as defined in paragraph 7#b77;,b77i77 program4 7,b7 ,appropriate congressional committees defined ,in this paragraph1 the term appropriate congressional committees means-- 7i7 in the ,senate-- 7,i7 the ,committee on ,environment and ,public ,works2 and 7,,ii7 the ,committee on ,appropriations2 and 7ii7 in the ,house of ,representatives-- 7,i7 the ,committee on ,energy and ,commerce2 and 7,,ii7 the ,committee on ,appropriations4 4 7b7 ,rules of construction 7#a7 ,applicability to new applications ,the amendments made by this section apply to all applications submitted to the ,environmental ,protection ,agency after the date of enactment of this ,act to establish an underground injection control program under section #adbb7;b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h-#a7;b774 7#b7 ,applicability to pending applications ,with respect to any applications described in paragraph 7#a7 submitted prior to the date of enactment of this ,act1 the #ahj-;day and #baj-;day deadlines established under clauses 7ii7 and 7iii71 respectively1 of section #adbb7;b77#b77;,b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h-#a7;b77#a77;,b77 7as added by subsection 7a77#a77;,c77 shall begin on the date of enactment of this ,act4 #ac4 ,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 #bjba1 as may be modified by a subsequently issued record of decision following the supplemental environmental impact statement issued on ,april #ac1 #bjbc2 and 7#c7 the ,secretary of the ,interior shall-- 7,a7 continue to maintain 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 issued on ,february #bh1 #bjbc2 and 7,b7 grant and maintain all necessary rights-of-way and temporary use permits in a manner that is substantively identical to those rights-of-way and temporary use permits approved in the record of decision with respect to the ,mountain ,valley ,pipeline issued on ,january #ad1 #bjba1 or as may be modified by any subsequently issued rights-of-way and temporary use permits4 7c7 ,judicial review 7#a7 ,in general ,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 biological opinion1 incidental take statement1 or other approval for the ,mountain ,valley ,pipeline1 whether issued prior to1 on1 or after the date of enactment of this section1 shall be subject to judicial review4 7#b7 ,effect ,any lawsuit 7including any lawsuit pending in a court on the date of enactment of this ,act7 seeking judicial review of an agency order or action described in paragraph 7#a7-- 7,a7 shall not be maintained in any court2 and 7,b7 shall be promptly dismissed4 7d7 ,effect ,this section supersedes any other provision of law 7including any other section of this ,act or another ,act of ,congress71 any regulation1 any judicial decision1 or any agency guidance that is inconsistent with the issuance of any authorization1 permit1 verification1 biological opinion1 incidental take statement1 or other approval for the ,mountain ,valley ,pipeline4