,,ib ,union ,calendar ,no4 #cdd #aaith ,,congress #ast ,session ,h4 ,r4 #dggf ,report ,no4 #aai-cie ,,in ,,the ,,house ,,of ,,representatives ,july #be1 #bjbe,mr4 ,westerman 7for himself and ,mr4 ,golden of ,maine7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,december #d1 #bjbe;,additional sponsors3 ,mr4 ,cuellar1 ,mr4 ,stauber1 ,mr4 ,vicente ,gonzalez of ,texas1 ,ms4 ,hageman1 ,mr4 ,baumgartner1 ,mr4 ,evans of ,colorado1 ,ms4 ,perez1 ,mr4 ,davis of ,north ,carolina1 ,mrs4 ,miller-,meeks1 ,mr4 ,gray1 ,mr4 ,begich1 ,mr4 ,costa1 and ,mrs4 ,kiggans of ,virginia ,december #d1 #bjbe,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,july #be1 #bjbe ,a ,,bill ,to amend the ,national ,environmental ,policy ,act of #aifi to clarify ambiguous provisions and facilitate a more efficient1 effective1 and timely environmental review process4 #a4 ,short title ,this ,act may be cited as the ,standardizing ,permitting and ,expediting ,economic ,development ,act or the ,,speed ,act4 #b4 ,,nepa reform 7a7 ,purpose ,section #b of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba7 is amended-- 7#a7 by striking ,the purposes and inserting 7a7 ,the purposes2 and 7#b7 by adding at the end the following3 7b7 ,this ,act is a purely procedural statute intended to ensure ,federal agencies consider the environmental impacts of their actions during the decisionmaking process4 ,this ,act does not mandate particular results1 and only prescribes a process4 ,nothing in this ,act shall be construed to mandate any specific environmental outcome or result1 nor shall this ,act be interpreted to confer substantive rights or impose substantive duties beyond procedural requirements4 4 7b7 ,procedure for determination of level of review ,section #ajf of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf7 is amended-- 7#a7 in the heading1 by inserting 2 scope of review after level of review2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#c71 by striking or2 7,b7 in paragraph 7#d71 by striking action4 and inserting action22 and 7,c7 by adding at the end the following3 7#e7 the agency determines the proposed agency action is an action for which such agency's compliance with another statute's requirements serves the function of agency compliance with this ,act with respect to such action2 or 7#f7 the proposed agency action relates to a project or action that has already been reviewed pursuant to a ,state environmental review statute or a ,tribal environmental review statute1 ordinance1 resolution1 regulation1 or formally adopted policy and the lead agency determines such review serves the function of agency compliance with this ,act4 2 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking does not and inserting is not likely to2 and 7,b7 in paragraph 7#c71 by amending subparagraph 7,b7 to read as follows3 7,b7 is not required to-- 7i7 undertake new scientific or technical research unless the new scientific or technical research is essential to a reasoned choice among alternatives1 and the overall costs and time frame of obtaining it are not unreasonable2 or 7ii7 undertake new scientific or technical research after the receipt of an application1 as applicable1 with respect to a proposed agency action4 2 and 7#d7 by adding at the end the following3 7c7 ,scope of review ,in preparing an environmental document for a proposed agency action1 a ,federal agency-- 7#a7 may consider only those effects that share a reasonably close causal relationship to1 and are proximately caused by1 the immediate project or action under consideration2 and 7#b7 may not consider effects that are speculative1 attenuated from the project or action1 separate in time or place from the project or action1 or in relation to separate existing or potential future projects or actions4 7d7 ,certainty 7#a7 ,environmental documents ,a ,federal agency may not rescind1 withdraw1 amend1 alter1 or otherwise render ineffective any environmental document completed under this ,act for a project or action where there is an applicant unless the ,federal agency has been so ordered by a court or the applicant has agreed in writing to such rescission1 withdrawal1 amendment1 or alteration4 7#b7 ,authorizations 7,a7 ,in general ,except as provided in this subsection or existing law1 a ,federal agency may not revoke1 rescind1 withdraw1 terminate1 suspend1 amend1 alter1 or take any other action to interfere with an authorization unless-- 7i7 the ,federal agency is required to take such action by order of a court of competent jurisdiction2 7ii7 the holder of the authorization has materially breached the terms of the authorization1 or otherwise violated applicable law2 7iii7 the authorization was obtained through fraud1 intentional concealment1 or material misrepresentation2 7iv7 such action is necessary to prevent specific1 immediate1 substantial1 and proximate harm or damage to life1 property1 national security1 or defense that was not considered in the underlying environmental review process or final agency action for the authorization2 or 7v7 the ,federal agency has received a request from the holder of the authorization or project sponsor to take such action4 7,b7 ,requirement ,the actions described in subparagraph 7,a7 shall be1 as appropriate and where feasible1 supported by clear and convincing evidence and reasonably limited in duration and scope by the agency to address the specific issue such action is intended to address4 7,c7 ,notice ,before an agency takes an action described in subparagraph 7,a71 the agency shall notify the holder of the authorization and the project sponsor in writing of such action1 including by providing a detailed explanation of the action1 identifying the statutory authority relied upon for the action1 and providing the evidence supporting the action4 7,d7 ,judicial review 7i7 ,in general ,an action described in subparagraph 7,a7 shall be subject to judicial review under chapter #g of title #e1 ,united ,states ,code4 7ii7 ,venue ,a person seeking judicial review of an action described in subparagraph 7,a7 may only obtain review of such action in the ,united ,states court of appeals for any circuit wherein the project for which the authorization was issued is located4 7iii7 ,petitions by ,federal agencies ,no ,federal agency may petition a court for vacatur or voluntary remand of an authorization unless the holder of the authorization or the project sponsor consents in writing to such a petition4 7,e7 ,savings clause ,nothing in subparagraph 7,a7 shall be construed to provide any ,federal agency new1 enhanced1 or expanded authority1 or to limit any existing authority1 concerning any authorization4 7e7 ,presumption of negative impacts of taking no action relating to tribal trust resources ,for any proposed agency action carried out on1 or directly affecting1 tribal trust resources 7including lands and minerals7 that is initiated by the federally recognized ,indian ,tribe for which the ,united ,states holds the affected resources in trust1 and for which an environmental document was prepared that included consideration of a no action alternative1 there shall be a presumption that the effects of taking no action will be negative for the federally recognized ,indian ,tribe4 7f7 ,effect of threshold determinations on other agencies ,if a lead agency determines an environmental document is not required to be prepared with respect to a proposed agency action under subsection 7a71 another agency may not prepare an environmental document with respect to such proposed agency action4 4 7c7 ,timely and unified ,federal reviews 7#a7 ,lead ,agency ,section #ajg7;a7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7a77 is amended-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,b71 by striking at the earliest practicable time and inserting in accordance with subsection 7g77#b72 7ii7 in subparagraph 7,d71 by striking carry out the proposed agency action and inserting carry out the proposed agency action in compliance with the deadlines outlined in subsection 7g72 and 7iii7 in subparagraph 7,e7-- 7,i7 by striking a review and inserting an environmental review2 and 7,,ii7 by striking such review and inserting such environmental review2 and 7,b7 in paragraph 7#c7-- 7i7 by inserting 7including counties1 boroughs1 parishes1 and other political subdivisions of a ,state7 after local agency2 and 7ii7 by adding at the end ,such comments from ,federal cooperating agencies shall be limited to matters relating to the proposed agency action with respect to which such ,federal cooperating agency has jurisdiction by law44 7#b7 ,one document ,section #ajg7;b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7b77 is amended-- 7,a7 by striking ,to the extent practicable1 and inserting the following3 7#a7 ,document ,to the extent practicable1 2 and 7,b7 by adding at the end the following3 7#b7 ,consideration timing 7,a7 ,in general ,in preparing an environmental document for a proposed agency action1 no ,federal agency shall be required to consider any scientific or technical research that becomes publicly available after the earlier of1 as applicable-- 7i7 the date of receipt of an application with respect to such proposed agency action2 and 7ii7 the date of publication of a notice of intent or decision to prepare such environmental document for such proposed agency action4 7,b7 ,applicability to other law ,this paragraph does not affect any review of information required under subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code1 with respect to comments received during the public comment period as applicable4 7,c7 ,delay ,a ,federal agency may not delay the issuance of an environmental document or a final agency action1 including any decision or determination1 on the basis of awaiting new scientific or technical research or information that was not available as of the earlier of the dates described in subparagraph 7,a74 4 7#c7 ,statement of ,purpose and ,need ,section #ajg7;d7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7d77 is amended by striking action4 and inserting action4 ,where applicable1 the statement of purpose and need shall meet the goals of the applicant44 7#d7 ,deadlines ,section #ajg7;g7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7g77 is amended-- 7,a7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as paragraphs 7#c71 7#e71 and 7#f71 respectively2 7,b7 by inserting before paragraph 7#c7 7as so redesignated7 the following3 7#a7 ,applications for authorizations 7,a7 ,notification of complete or incomplete application ,unless a shorter deadline is specified by law1 in connection with a proposed agency action for which an applicant submitted an application for an authorization to an agency1 not later than #fj days after the date on which the applicant submits the application to the agency1 the agency shall document the receipt of the application and-- 7i7 notify the applicant that the application is complete2 or 7ii7 notify the applicant that the application is incomplete and request in writing any additional information that the agency needs to determine that the application is complete and begin preparation of an environmental document4 7,b7 ,agency determination 7i7 ,complete determination ,if an agency determines an application is complete under subparagraph 7,a77i71 the agency shall1 not later than #fj days after the date on which the agency makes such determination-- 7,i7 notify the applicant that the agency has determined that the proposed agency action is excluded pursuant to one of the agency's categorical exclusions1 is not a major ,federal action1 or that no further agency action is required2 7,,ii7 issue a notice of intent to prepare an environmental impact statement for such proposed agency action2 or 7,,iii7 notify the applicant that the agency has determined that preparation of an environmental assessment is necessary4 7ii7 ,incomplete determination ,if the agency requests additional information under subparagraph 7,a77ii71 the deadline described in clause 7i7 shall be based on the date on which the agency receives the additional information instead of the date on which the determination is made4 7#b7 ,cooperating agencies 7,a7 ,in general ,not later than #ba days after a lead agency issues a notice of intent under paragraph 7#a77;,b77i77,,ii7 or notifies an applicant under paragraph 7#a77;,b77i77,,iii7 with respect to a proposed agency action1 the lead agency shall-- 7i7 identify all agencies that are likely to have environmental review1 authorization1 or other responsibilities with respect to the proposed agency action2 and 7ii7 invite each such agency to become a cooperating agency4 7,b7 ,deadline to accept invitation ,not later than #ba days after an agency receives an invitation to become a cooperating agency under subparagraph 7,a77ii71 such agency shall accept or deny the invitation4 7,c7 ,convening of cooperating agencies ,not later than #g days after the deadline described in subparagraph 7,b7 has passed for each agency that received an invitation to become a cooperating agency under subparagraph 7,a77ii71 the lead agency that sent each such invitation shall convene each agency that accepts such an invitation to coordinate on developing the schedule under subsection 7a77#b77;,d7 for the applicable proposed agency action4 7,d7 ,unidentified agencies ,in the event that an agency that has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposed agency action is not identified under subparagraph 7,a77i71 the lead agency with respect to the proposed agency action shall-- 7i7 invite such unidentified agency to become a cooperating agency by not later than #g days after becoming aware that the agency has jurisdiction by law or special expertise2 and 7ii7 if such agency accepts the invitation1 incorporate such agency into the schedule developed under subsection 7a77#b77;,d7 and update such schedule accordingly by not later than #ad days after the date on which such agency accepts the invitation4 2 7,c7 in paragraph 7#c7 7as so redesignated7-- 7i7 by striking ,in general and inserting ,review timeline2 and 7ii7 by striking 7#b7 and inserting 7#e72 7,d7 by inserting after paragraph 7#c7 7as so redesignated7 the following3 7#d7 ,deadline for final agency action ,for any proposed agency action for which an applicant submitted an application for an authorization to an agency1 not later than #cj days after completing an environmental impact statement or an environmental assessment for the proposed agency action1 the lead agency1 and any cooperating agency1 shall issue a final agency action4 ,the agency issuing such final agency action shall include in the final agency action a performance schedule for the completion of any other outstanding authorizations4 2 7,e7 in paragraph 7#e7 7as so redesignated7-- 7i7 by striking the deadline described in paragraph 7#a7 and inserting a deadline described in this subsection2 and 7ii7 by striking 1 in consultation with the applicant1 to and inserting if the applicant approves such extension4 ,if the applicant approves such extension1 the lead agency shall2 7,f7 in paragraph 7#f7 7as so redesignated7-- 7i7 by striking ,a project sponsor may and inserting ,except as provided in subparagraph 7,c71 a project sponsor may2 and 7ii7 by adding at the end the following3 7,c7 ,exception ,a project sponsor that approved an extension of a deadline under paragraph 7#e7 may not obtain judicial review of a failure to act in accordance with such deadline under subparagraph 7,a7 unless the lead agency fails to meet the new deadline or is delaying for reasons other than those necessary to complete its review4 2 and 7,g7 by adding at the end the following3 7#g7 ,concurrent review ,in carrying out an environmental review1 the lead agency and each cooperating agency shall carry out the obligations of that agency under other applicable laws concurrently1 and in conjunction1 with other required reviews for the proposed agency action1 pursuant to the requirements of applicable law1 including1 if applicable1 under this ,act4 4 7d7 ,programmatic environmental documents ,section #ajh of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;b7 is amended-- 7#a7 by striking ,when an agency prepares and inserting the following3 7a7 ,programmatic environmental documents ,when an agency prepares 2 7#b7 in paragraph 7#a71 by striking #e and inserting #aj2 7#c7 in paragraph 7#b71 by striking #e and inserting #aj2 and 7#d7 by adding at the end the following3 7b7 ,reliance on previously completed environmental reviews 7#a7 ,actions that are substantially the same ,a lead agency may satisfy the requirements of this ,act with respect to a major ,federal action by relying on an environmental assessment1 environmental impact statement1 or a categorical exclusion determination that the lead agency1 another ,federal agency1 or a project sponsor under the supervision of a ,federal agency completed for another major ,federal action if the lead agency determines that-- 7,a7 the new major ,federal action is substantially the same as the other major ,federal action or1 if applicable1 an alternative analyzed in such environmental assessment or environmental impact statement2 and 7,b7 if applicable1 the effects of the new major ,federal action are substantially the same as the effects analyzed in such environmental assessment or environmental impact statement4 7#b7 ,actions that are not substantially the same ,if a new major ,federal action is not substantially the same as another major ,federal action or an alternative analyzed in an environmental assessment or environmental impact statement completed by the lead agency1 another ,federal agency1 or a project sponsor under the supervision of a ,federal agency1 the lead agency may modify or augment any such previously completed environmental assessment or environmental impact statement as necessary to satisfy the requirements of this ,act with respect to the new major ,federal action4 ,the lead agency shall make such modified environmental assessment or environmental impact statement publicly available as a new environmental assessment or environmental impact statement4 4 7e7 ,adoption of categorical exclusions ,section #aji of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;c7 is amended in the text preceding paragraph 7#a71 by inserting 1 or that was legislatively enacted by ,congress1 after procedures4 7f7 ,definitions ,section #aaa of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;e7 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#ac7 as paragraphs 7#b7 through 7#ad71 respectively2 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,authorization ,the term authorization means any lease1 right-of-way1 easement1 license1 permit1 approval1 finding1 determination1 or other administrative decision issued by an agency or any interagency consultation that is required or authorized under ,federal law in order to construct1 modify1 or operate a project4 2 7#c7 in paragraph 7#b7 7as so redesignated71 by inserting 1 or ,congress deems by statute1 after ,federal agency has determined2 7#d7 in paragraph 7#aa7 7as so redesignated7-- 7,a7 in subparagraph 7,b7-- 7i7 in clause 7iii7-- 7,i7 by inserting grants 7including capitalization grants71 cost share awards1 after loan guarantees12 7,,ii7 by striking sufficient and inserting complete2 and 7,,iii7 by striking subsequent use of such financial assistance or the2 7ii7 by redesignating clauses 7iv7 through 7vii7 as clauses 7vi7 through 7ix71 respectively2 and 7iii7 by inserting after clause 7iii7 the following3 7iv7 farm ownership loans and operating loan guarantees by the ,farm ,service ,agency pursuant to sections #cje and #caa through #cai of the ,consolidated ,farm and ,rural ,development ,act2 7v7 the issuance of an authorization by an agency where the effects of the action or project being permitted or authorized were previously evaluated by another agency in compliance with this ,act2 2 and 7,b7 by adding at the end the following3 7,c7 ,additional exclusions ,an agency action may not be determined to be a major ,federal action solely on the basis of the provision of ,federal funds1 including a grant1 loan1 loan guarantee1 and funding assistance4 2 and 7#e7 by adding at the end the following3 7#ae7 ,reasonably foreseeable ,the term reasonably foreseeable1 with respect to environmental effects of a proposed agency action-- 7,a7 means effects that share a reasonably close causal relationship to1 and are proximately caused by1 the immediate project or action under consideration2 and 7,b7 does not include effects that are-- 7i7 speculative2 7ii7 attenuated from the proposed agency action2 7iii7 separate in time or place from the proposed agency action2 or 7iv7 in relation to separate existing or potential future projects4 4 7g7 ,duties ,section #bjd of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcdd7 is amended in paragraph 7#d7 by inserting energy1 after health14 #c4 ,judicial review ,title ,i of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 is amended-- 7#a7 by redesignating section #aab as section #aaj;,a and moving such section so as to appear after section #aaj2 and 7#b7 by inserting before section #aaa the following3 #aaj;,b4 ,judicial review 7a7 ,role of the court ,in reviewing a claim of whether a final agency action complies with the requirements of this ,act1 a court-- 7#a7 shall afford substantial deference to the agency2 and 7#b7 may not substitute its judgment for that of the agency regarding the environmental effects included in the final agency action or included in the environmental document4 7b7 ,remand 7#a7 ,in general ,if a court holds1 under section #gjf7b77;,a7 of title #e1 ,united ,states ,code1 that a final agency action does not comply with the requirements of this ,act1 the only remedy the court may order1 notwithstanding chapter #g of title #e1 ,united ,states ,code1 is to remand1 without vacatur or injunction1 the final agency action to the agency with-- 7,a7 specific instruction to correct the errors or deficiencies found by the court2 and 7,b7 a reasonable schedule and deadline to correct such errors or deficiencies1 which such deadline may not exceed-- 7i7 with regard to an order entered on or after the date of enactment of this section1 the date that is #ahj days after the date on which the order was entered2 and 7ii7 with regard to an order entered before the date of enactment of this section1 the date that is #ahj days after the date of enactment of this section4 7#b7 ,continued effect of final agency action ,a final agency action remanded under paragraph 7#a7 shall remain in effect while the ,federal agency corrects any errors or deficiencies found by the court4 7c7 ,limitations on claims 7#a7 ,in general ,notwithstanding any other provision of law 7except as provided in subparagraph 7,a7 with respect to a shorter deadline71 a claim described in subsection 7a7 shall be barred unless-- 7,a7 such claim is filed not later than #aej days after the final agency action is made public1 unless a shorter deadline is specified under law2 7,b7 in the case of a final agency action for which there was a public comment period on an environmental document1 such claim-- 7i7 is filed by a party that submitted a substantive and unique comment during such public comment period by the noticed comment deadline for the environmental document and such comment was sufficiently detailed to put the applicable ,federal agency on notice of the issue upon which the party seeks review2 and 7ii7 concerns the same subject matter raised in the comment submitted during the public comment period2 7,c7 such claim is filed by a party that has suffered or imminently will suffer direct harm from the final agency action2 and 7,d7 such claim does not challenge the establishment of a categorical exclusion4 7#b7 ,supplemental environmental documents ,if an agency issues a supplemental environmental document in response to a court order remanding a final agency action1 the deadline described in paragraph 7#a77;,a7 shall be the date on which the agency makes public the agency action for which the supplemental environmental document is prepared4 ,a claim for review of such final agency action shall be limited to information contained in the final supplemental environmental document that was not contained in a previous environmental document for the final agency action4 7#c7 ,actions for use of tribal trust resources ,for any final agency action that authorizes or affects the use of lands1 minerals1 or other resources already held in trust at the time of the final agency action by the ,united ,states for the benefit of a federally recognized ,indian ,tribe-- 7,a7 except as provided in subparagraph 7,b71 there shall be no administrative or judicial review of such final agency action based on a claim of failure to comply with the requirements of this ,act2 and 7,b7 subparagraph 7,a7 shall not apply to actions for administrative or judicial review-- 7i7 brought by the federally recognized ,indian ,tribe for which the ,united ,states holds the lands1 minerals1 or other resources in trust2 or 7ii7 that involve reasonably foreseeable effects of the final agency action that occur outside the lands1 minerals1 or other resources held in trust by the ,united ,states for the benefit of a federally recognized ,indian ,tribe4 7d7 ,deadline for resolution 7#a7 ,in general ,a court shall issue a final judgment on a claim described in subsection 7a7-- 7,a7 as expeditiously as practicable2 and 7,b7 unless a shorter deadline is specified under ,federal law1 not later than the date that is #ahj days after the date on which the agency record for the review is filed with the reviewing court1 which shall not be more than #fj days after the filing of the claim4 7#b7 ,accelerated deadlines ,nothing in this subsection may be construed to prevent a court from further expediting review of a claim described in subsection 7a74 7#c7 ,appeals 7,a7 ,filing ,a notice of appeal of a final judgment described in this subsection shall be filed not later than #fj days after such final judgment is issued4 ,in the case of a final agency action remanded under subsection 7b71 the agency and1 if applicable1 the applicant1 shall have the right to appeal during the pendency of the remand4 7,b7 ,deadline for review ,a court shall issue a final decision on an appeal filed under subparagraph 7,a7-- 7i7 as expeditiously as practicable2 and 7ii7 not later than the date that is #ahj days after the date on which the appeal is filed4 7e7 ,no effect on review of compliance with other deadlines ,this section shall not affect the right to obtain review under section #ajg7;g77#c74 4 ,december #d1 #bjbe,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed