,,ii #aahth ,,congress #ast ,session ,s4 #cagj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #ca1 #bjbc,mr4 ,cassidy 7for himself1 ,mr4 ,daines1 ,mr4 ,risch1 ,ms4 ,lummis1 ,mr4 ,crapo1 and ,mr4 ,marshall7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to prescribe judicial review requirements for certain projects1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,revising and ,enhancing ,project ,authorizations ,impacted by ,review ,act of #bjbc or the ,,repair ,act of #bjbc4 #b4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,agency of jurisdiction ,the term agency of jurisdiction means any agency that is responsible for approving an authorization under authorizing legislation4 7#c7 ,authorization ,the term authorization means any license1 permit1 authorization1 approval1 variance1 consultation1 finding1 or other administrative decision 7or any extension to or of any license1 permit1 authorization1 approval1 variance1 consultation1 finding1 or other administrative decision7 that is required or authorized under ,federal law 7including regulations7 to design1 plan1 site1 construct1 reconstruct1 commence operations of1 modify1 or operate a project4 7#d7 ,authorizing legislation ,the term authorizing legislation means any of-- 7,a7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7,b7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7,c7 the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag et seq472 7,d7 the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq472 7,e7 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7formerly known as the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq4772 7,f7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,g7 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq472 7,h7 the ,act of ,june #h1 #aidj 7#af ,u4,s4,c4 #ffh et seq47 7commonly known as the ,bald and ,golden ,eagle ,protection ,act72 7,i7 the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfa et seq472 7,j7 the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq472 7,k7 the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq472 7,l7 the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq472 7,m7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq471 as it relates to any ,state seeking to obtain primary enforcement authority for-- 7i7 that ,act pursuant to section #adac of that ,act 7#db ,u4,s4,c4 #cjj;g-#b72 or 7ii7 an underground injection control program pursuant to section #adbb of that ,act 7#db ,u4,s4,c4 #cjj;h-#a72 7,n7 the ,deepwater ,port ,act of #aigd 7#cc ,u4,s4,c4 #aeja et seq472 7,o7 the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq472 7,p7 the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq472 7,q7 the ,national ,forest ,management ,act of #aigf 7,public ,law #id-ehh2 #ij ,stat4 #bidi72 7,r7 the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjj et seq472 7,s7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7,t7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq472 7,u7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7,v7 chapter #bjje of title #ed1 ,united ,states ,code 7formerly known as the ,urban ,park and ,recreation ,recovery ,act of #aigh 7#af ,u4,s4,c4 #beja et seq4772 and 7,w7 any other ,federal law requiring an environmental review pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#e7 ,council ,the term ,council means the ,federal ,permitting ,improvement ,steering ,council established by section #dajjb7;a7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#a7;a774 7#f7 ,direct and tangible harm ,the term direct and tangible harm means a harm with a causal connection to a project that causes-- 7,a7 physical illness or bodily injury2 or 7,b7 uncompensated economic loss4 7#g7 ,environmental review ,the term environmental review means an assessment of environmental impact1 prepared pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 leading to the preparation of-- 7,a7 an environmental assessment2 7,b7 a finding of no significant impact2 7,c7 an environmental impact statement2 7,d7 a record of decision2 or 7,e7 any other review prepared to fulfill the requirements of that ,act4 7#h7 ,project ,the term project means an activity required to receive an authorization under authorizing legislation4 7#i7 ,project sponsor ,the term project sponsor means the agency or other entity1 including any private or public-private entity1 that seeks approval from the agency of jurisdiction for a project4 #c4 ,judicial review 7a7 ,statute of limitations 7#a7 ,definitions ,in this subsection3 7,a7 ,initial authorization 7i7 ,in general ,the term initial authorization means an authorization issued by an agency of jurisdiction for a project following a request for the authorization from a project sponsor4 7ii7 ,exclusion ,the term initial authorization does not include any authorization issued by an agency of jurisdiction following an alteration made by a project sponsor pursuant to a mediation process described in subsection 7d74 7,b7 ,initial claim ,the term initial claim means a claim described in paragraph 7#b77;,a74 7#b7 ,claiming relating to initial authorizations 7,a7 ,initial claims ,notwithstanding any other provision of law1 a claim seeking judicial review of any portion of the initial authorization process carried out for a project pursuant to authorizing legislation or an initial authorization issued by an agency of jurisdiction for a project shall be filed by the date that is #cj days after the date on which the final agency action with respect to the project has been taken1 unless a shorter time is specified in the ,federal law pursuant to which judicial review is sought4 7,b7 ,subsequent action 7i7 ,in general ,any additional action relating to an initial claim1 including an action seeking a preliminary injunction based on the initial claim1 shall be filed not later than #cj days after the date on which the initial claim was filed4 7ii7 ,failure to submit subsequent claim ,an individual that fails to submit an additional action described in clause 7i7 relating to the filed initial claim by the deadline described in that clause shall-- 7,i7 invalidate the initial claim2 7,,ii7 be barred from bringing that additional claim2 and 7,,iii7 remove any such right of action relating to that initial claim4 7#c7 ,other claims ,any other claim relating to the issuance of an authorization by an agency of jurisdiction for a project shall be subject to subsection 7d74 7b7 ,default remedy 7#a7 ,in general ,if a court of law determines that an agency did not comply with the requirements of authorizing legislation when granting an authorization for a project1 the default remedy shall be to remand that authorization to the applicable agency4 7#b7 ,limitation ,a court of law shall not vacate1 enjoin1 or otherwise limit an authorization granted for a project unless the issuance of the authorization would present an imminent and substantial danger to human health or the environment for which there is no other equitable remedy available under law4 7c7 ,right of action ,notwithstanding any other provision of law1 an individual seeking to bring a claim for judicial review of the approval of an authorization for a project may only bring the claim if the individual will suffer a direct and tangible harm because of the authorization for which the individual is seeking judicial review if the harm was not analyzed in the approval of the initial authorization 7as defined in subsection 7a77#a774 7d7 ,right of alteration 7#a7 ,in general ,if an authorization for a project is enjoined1 remanded1 or vacated by a court of law1 the project sponsor and the agency of jurisdiction shall participate in a mediation process overseen by the ,council-- 7,a7 to address the reasons for the injunction1 remand1 or vacatur2 and 7,b7 to reauthorize the project for development4 7#b7 ,process 7,a7 ,remediation proposals ,subject to subparagraph 7,b77i71 not later than #fj days after the date on which an authorization for a project is enjoined1 remanded1 or vacated by a court of law1 the project sponsor and the agency of jurisdiction shall each submit to the ,council remediation proposals-- 7i7 to address any identified issues that can be fully resolved2 or 7ii7 to attempt to mitigate the identified issues if the issues cannot be fully resolved4 7,b7 ,extension 7i7 ,in general ,a project sponsor may request from the ,council an extension of not more than #abj days to complete a remediation proposal described in subparagraph 7,a74 7ii7 ,approval required ,if the ,council receives a request from a project sponsor for an extension under clause 7i71 the ,council shall approve that request4 7iii7 ,treatment of the agency of jurisdiction ,if an extension is requested and approved under clauses 7i7 and 7ii71 respectively1 an agency of jurisdiction may1 notwithstanding subparagraph 7,a71 submit the remediation proposal required under that subparagraph 7,a7 within the extension period described in clause 7i74 7,c7 ,agency compliance ,if an agency of jurisdiction fails to submit a remediation proposal in the time period described in subparagraph 7,a7 or 7,b77i71 as applicable1 the ,council shall-- 7i7 approve the remediation proposal submitted by the project sponsor2 and 7ii7 direct the agency of jurisdiction to reauthorize all applicable authorizations for the project4 7,d7 ,council review 7i7 ,in general ,not later than #fj days after the date on which a project sponsor and an agency of jurisdiction submit a remediation proposal in accordance with subparagraph 7,a7 or 7,b77i71 as applicable1 the ,council shall-- 7,i7 hold any necessary joint meetings between the project sponsor and the agency of jurisdiction to assist in reaching a final remediation plan described in clause 7ii72 7,,ii7 complete a final remediation plan2 and 7,,iii7 direct the agency of jurisdiction to reauthorize the project based on that final remediation plan4 7ii7 ,final remediation plan 7,i7 ,in general ,a final remediation plan described in clause 7i7 shall contain any alterations to a project necessary to address the reasons for which a court of law enjoined1 remanded1 vacated1 or otherwise limited an authorization for the applicable project4 7,,ii7 ,form ,a final remediation plan described in clause 7i7 shall-- 7aa7 accept the remediation proposal of the project sponsor2 or 7bb7 alter the remediation proposal of the project sponsor based on the remediation proposal of the agency of jurisdiction4 7,,iii7 ,alterations ,to the maximum extent practicable1 alterations described in subclause 7,,ii77bb7 shall represent an intermediate position between the remediation proposal of the project sponsor and the remediation proposal of the agency of jurisdiction4 7,,iv7 ,length of final remediation plan ,the text of a final remediation plan shall not exceed #ej pages4 7iii7 ,right of acceptance 7,i7 ,in general ,at any point in the #fj-;day period described in clause 7i71 a project sponsor or an agency of jurisdiction may submit to the ,council in writing an acceptance of the remediation proposal of the other party4 7,,ii7 ,reauthorization ,if the ,council receives an acceptance under subclause 7,i71 the ,council shall-- 7aa7 consider the accepted remediation proposal to be the final remediation plan2 and 7bb7 direct the agency of jurisdiction to reauthorize all authorizations for the project4 7iv7 ,meetings ,the ,council shall hold not less than #a meeting between a project sponsor and an agency of jurisdiction to address any necessary areas of dispute between the applicable remediation plans4 7v7 ,completion ,on completion of a final remediation plan under clause 7ii71 the ,council shall-- 7,i7 make public the final remediation plan in a manner consistent with the authorization approval process of the agency of jurisdiction2 and 7,,ii7 direct the agency of jurisdiction to reauthorize all authorizations for the project4 7vi7 ,compliance ,if the ,council fails to direct the agency of jurisdiction to reauthorize all authorizations for the project within the #fj-;day period described in clause 7i71 the agency of jurisdiction shall-- 7,i7 consider the remediation proposal of the project sponsor to be the final remediation plan2 and 7,,ii7 reauthorize all authorizations for the project in accordance with the final remediation plan4 7,e7 ,additional meetings ,at the request of a project sponsor1 following the date on which an authorization for a project is enjoined1 remanded1 or vacated by a court of law1 but before the date on which a project sponsor and an agency of jurisdiction submit a remediation proposal under subparagraph 7,a7 or 7,b77i71 as applicable1 the ,council may hold meetings between the agency of jurisdiction and the project sponsor in an attempt to align the parties on remediation proposals4 7,f7 ,treatment of additional analyses 7i7 ,in general ,to the maximum extent practicable1 and except as provided in clause 7ii71 all remediation proposals and final remediation plans described in subparagraph 7,d77ii7 shall only use existing information1 data1 and analyses used in the initial authorization 7as defined in subsection 7a77#a77 or presented as a part of the initial claim 7as defined in that subsection7 and subsequent judicial process4 7ii7 ,additional analyses ,if additional analysis is required to fulfill a court order1 all final remediation plans described in subparagraph 7,d77ii7 shall-- 7,i7 designate a singular agency of jurisdiction to perform the analysis2 7,,ii7 allow for not more than #ij days to perform the analysis2 7,,iii7 designate the court order as fulfilled and the project authorization re-approved if the designated agency does not complete the analysis in the #ij-;day period described in subclause 7,,ii72 and 7,,iv7 establish clear actions to be taken in relation to the final remediation plan and the authorization dependent on the potential outcomes of the additional analysis4 7#c7 ,right of additional review ,a final remediation plan described in paragraph 7#b77;,d77ii7 shall not be subject to judicial review or further right of action by an individual or entity other than the project sponsor4 7#d7 ,reauthorization 7,a7 ,in general ,an agency of jurisdiction shall reauthorize all authorizations for a project not later than #ae days after the date on which a final remediation plan described in paragraph 7#b77;,d77ii7 is completed4 7,b7 ,failure to reauthorize a project ,if an agency of jurisdiction fails to reauthorize a project and submit to the project sponsor any necessary authorization paperwork within the #ae-;day period described in subparagraph 7,a71 the project sponsor may begin any necessary actions reliant on the authorization to complete the project4 7e7 ,venue ,a claim seeking judicial review of an authorization issued by an agency of jurisdiction for a project shall be filed-- 7#a7 in the court the jurisdiction of which contains the location of the project that the authorization applies to2 or 7#b7 if the location of the project transverses the jurisdiction of multiple courts1 in the court the jurisdiction of which contains the location in which the largest financial investment will be made with respect to the project4 7f7 ,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 of any authorization issued by an agency of jurisdiction for a project to judges appointed1 designated1 or assigned to sit as judges of the court in a manner to avoid the appearance of favoritism or bias4 7g7 ,publication of judicial review time periods 7#a7 ,in general ,the ,council shall maintain a public database 7referred to in this subsection as the database7 of any claim relating to the issuance of an authorization by an agency of jurisdiction that-- 7,a7 is subject to judicial review2 and 7,b7 has not been adjudicated within #ij days after the date on which the claim was assigned to a judge4 7#b7 ,reporting requirements 7,a7 ,in general ,in the case of a claim described in paragraph 7#a7 that has not been adjudicated within #ij days after the date on which the claim is assigned to a judge1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall submit to the ,council a report1 which shall include-- 7i7 the name of the claim2 7ii7 the authorizing legislation pursuant to which the initial authorization 7as defined in subsection 7a77#a77 was issued2 7iii7 the name of the plaintiff2 7iv7 the name of the defendant2 7v7 the date on which the claim was filed2 7vi7 the name of the court2 and 7vii7 the name of the judge to which the claim was assigned4 7,b7 ,alternate reporting methods 7i7 ,in general ,a plaintiff or defendant involved in a claim may self-report the information described in clauses 7i7 through 7vii7 of subparagraph 7,a74 7ii7 ,publication ,the ,council shall ensure that the availability to self-report as described in clause 7i7 is publicized-- 7,i7 on the home page of the website of the ,council2 and 7,,ii7 in any other manner determined to be appropriate by the ,council4 7iii7 ,notification to applicable court ,for each matter self-reported to the ,council under clause 7i71 the ,council shall notify the applicable court to confirm that the information described in clauses 7i7 through 7vii7 of subparagraph 7,a7 received by the ,council is accurate4 7#c7 ,maintenance of judicial review timelines ,with respect to each claim in the database1 the ,council shall update the database not less frequently than daily to reflect the number of days the claim has been under judicial review4 7#d7 ,publication ,not later than #e business days after the date on which the ,council receives a report from the ,director of the ,administrative ,office of the ,united ,states ,courts under subparagraph 7,a7 of paragraph 7#b7 or from a plaintiff or defendant under subparagraph 7,b7 of that paragraph1 as applicable1 the ,council shall update the database to include the information contained in the report4 7#e7 ,council reporting 7,a7 ,in general ,not less frequently than once per calendar year1 the ,council shall publish and submit to the committees described in subparagraph 7,d7 a report containing-- 7i7 a list of all cases with claims that were reported to the ,council under paragraph 7#b72 7ii7 a list of all courts with multiple cases with claims reported under paragraph 7#b71 which shall be-- 7,i7 listed by name with the total number of applicable cases on file with each court-- 7aa7 in the year preceding the date on which the applicable report is submitted2 and 7bb7 in total since the date of enactment of this ,act2 and 7,,ii7 ordered according to the largest number1 from largest to smallest1 of late cases per court in the year preceding the date on which the applicable report is submitted2 7iii7 a list of all judges with multiple cases with claims reported under paragraph 7#b71 which shall be-- 7,i7 listed by name with the total number of late cases assigned to each judge-- 7aa7 in the year preceding the date on which the applicable report is submitted2 and 7bb7 in total since the date of enactment of this ,act2 and 7,,ii7 ordered according to the largest number1 from largest to smallest1 of late cases per judge since the date of enactment of this ,act2 7iv7 the name of any judge that has failed to report a claim in accordance with paragraph 7#b77;,a72 and 7v7 any other information that the ,council determines to be necessary to ensure timely review of claims relating to the issuance of an authorization4 7,b7 ,more frequent reporting ,the ,council may publish the report required under subparagraph 7,a7 more frequently than once per calendar year1 subject to the condition that the ,council shall not publish the report more frequently than once per quarter4 7,c7 ,publication ,any report prepared by the ,council under subparagraph 7,a7 shall be-- 7i7 published in the ,federal ,register2 and 7ii7 made available on the website of the ,council4 7,d7 ,committees described ,the committees referred to in subparagraph 7,a7 are-- 7i7 the ,committee on ,environment and ,public ,works of the ,senate2 7ii7 the ,committee on the ,judiciary of the ,senate2 7iii7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7iv7 the ,committee on ,natural ,resources of the ,house of ,representatives2 7v7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7vi7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7h7 ,treatment of existing authorization requests ,for a project sponsor that has submitted a project to an agency of jurisdiction for approval of an authorization on or before the date of enactment of this ,act1 the judicial review requirements described in this section shall apply to any authorization granted for the project4 7i7 ,treatment of existing judicial reviews ,for any authorization subject to judicial review as of the date of enactment of this ,act1 the judicial review processes described in this section shall apply to such judicial review4 7j7 ,savings provision ,nothing in this section-- 7#a7 establishes a right of action under any authorizing legislation relating to an environmental review that does not already provide for a right of action relating to that environmental review2 or 7#b7 prohibits any lawful action taken by a project sponsor that has been denied the ability-- 7,a7 to appeal an initial rejection of a project by the agency of jurisdiction2 7,b7 to appeal a rejection by the agency of jurisdiction relating to #a or more attempts to address the issues identified as a result of a previous injunction1 remand1 or vacatur of an authorization decision2 or 7,c7 to resubmit a project in a manner that addresses the reasons for the rejection of that project by the agency of jurisdiction4 #d4 ,judicial standing under ,,nepa ,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 #aab4 ,judicial standing ,nothing in this title1 or any environmental review 7as defined in section #b of the ,,repair ,act of #bjbc7 carried out pursuant to this title1 provides a judicial right of action under this title or subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 relating to the approval of an authorization 7as defined in that section7 for a project 7as defined in that section7 that uses an applicable environmental review 7as so defined74 4 #e4 ,alterations for offshore alternative energy ,section #bc7;c77#b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdi7;c77#b77 is amended by striking or any development and production plan under this ,act and inserting 1 any development and production plan under this ,act1 or any final plan or lease1 easement1 or right-of-way issued under section #h7p77#a77;,c7 and any related final ,federal agency action4