,,ii #aaith ,,congress #ast ,session ,s4 #cbbd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ai1 #bjbe,mr4 ,kennedy introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,national ,environmental ,policy ,act of #aifi to clarify ambiguous provisions and facilitate a more efficient1 effective1 and timely environmental review process1 and for other purposes4 #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 ,purposes2 intent2 effect ,section #b of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba7 is amended-- 7#a7 by striking the section designation and heading and all that follows through are3 ,to and inserting the following3 #b4 ,purposes2 intent2 effect 7a7 ,purposes ,the purposes of this ,act are to 2 and 7#b7 by adding at the end the following3 7b7 ,intent ,this ,act-- 7#a7 is a procedural statute intended to ensure ,federal agencies consider the environmental impacts of their actions during the decisionmaking process2 7#b7 does not mandate particular results2 and 7#c7 only prescribes a purely procedural process4 7c7 ,effect ,nothing in this ,act-- 7#a7 mandates any specific environmental outcome or result2 or 7#b7 confers substantive rights or imposes 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 section heading1 by inserting scope and after determination of2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking #aji of this ,act1 and inserting #aji1 a categorical exclusion established by ,congress12 7,b7 in paragraph 7#c71 by striking or2 7,c7 in paragraph 7#d71 by striking the period at the end and inserting a semicolon2 and 7,d7 by adding at the end the following3 7#e7 the proposed agency action is an action for which such agency's compliance with another statute's requirements serve a similar function as the requirements of this ,act with respect to such action2 or 7#f7 the proposed agency action-- 7,a7 relates to a project or action that has already been reviewed pursuant to a ,state or ,tribal environmental review statute2 and 7,b7 the lead agency determines such review meets the requirements of this ,act4 2 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#b71 in the first sentence-- 7i7 by striking does not and inserting is not likely to2 and 7ii7 by striking #aji of this ,act1 and inserting #aji1 a categorical exclusion established by ,congress12 and 7,b7 in paragraph 7#c71 by striking subparagraph 7,b7 and inserting the following3 7,b7 is not required to undertake new scientific or technical research-- 7i7 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 after the receipt of an application1 as applicable1 with respect to such proposed agency action4 2 and 7#d7 by adding at the end the following3 7c7 ,scope of review ,in developing an environmental document for a proposed agency action1 a ,federal agency-- 7#a7 may only consider 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 ,a ,federal agency may not rescind1 withdraw1 amend1 alter1 or otherwise render ineffective any environmental document completed under this ,act unless the ,federal agency has been so ordered by a court4 4 7c7 ,timely and unified ,federal reviews ,section #ajg of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7 is amended-- 7#a7 in subsection 7a77#c71 in the second sentence1 by striking the period at the end and inserting 1 which shall be limited to matters relating to the proposed agency action with respect to which such cooperating agency has jurisdiction by law4 ,if a lead agency determines an environmental document is not required to be prepared with respect to a proposed agency action under section #ajf7;a71 another agency may not prepare an environmental document with respect to such proposed agency action42 7#b7 in subsection 7b7-- 7,a7 by striking ,to the extent practicable1 and inserting the following3 7#a7 ,in general ,to the extent practicable1 2 and 7,b7 by adding at the end the following3 7#b7 ,consideration timing 7,a7 ,in general ,in developing 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 ,nothing in this paragraph affects 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 period1 as applicable4 7,c7 ,unnecessary 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 deadlines described in subparagraph 7,a74 2 7#c7 in subsection 7d71 by striking the period at the end and inserting 1 which shall1 where applicable1 meet the goals of the applicant42 and 7#d7 in subsection 7g7-- 7,a7 in paragraph 7#b71 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,b7 in paragraph 7#c77;,a71 by striking ,a project sponsor may and inserting ,except as provided in subparagraph 7,c71 a project sponsor may2 and 7,c7 by adding at the end the following3 7,c7 ,exception ,a project sponsor that approved an extension of a deadline under paragraph 7#b7 may not obtain 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 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 in paragraph 7#a71 by striking #e and inserting #aj2 and 7#b7 in paragraph 7#b71 by striking #e and inserting #aj4 7e7 ,adoption of categorical exclusions ,section #aji of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;c7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 in the first sentence1 by inserting 1 or that was established by ,congress1 after procedures2 7#b7 in paragraph 7#a71 by inserting or established by ,congress after ,,nepa procedures2 and 7#c7 in paragraph 7#b71 by inserting 1 if applicable1 after established the categorical exclusion4 7f7 ,definitions ,section #aaa of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;e7 is amended-- 7#a7 in paragraph 7#a71 by inserting 1 or ,congress deems by statute1 after ,federal agency has determined2 7#b7 by redesignating paragraphs 7#h71 7#i71 and 7#aj7 as paragraphs 7#aj71 7#h71 7#i71 respectively1 and the moving the paragraphs so as to appear in numerical order2 7#c7 in paragraph 7#i7 7as so redesignated7-- 7,a7 in subparagraph 7,b7-- 7i7 in clause 7iii7-- 7,i7 by inserting 1 grants after loan guarantees2 7,,ii7 by striking sufficient and inserting complete2 and 7,,iii7 by striking subsequent use of such financial assistance or the2 7ii7 in clause 7iv71 by striking section #g7;a7 or 7b7 and of the ,small ,business ,act 7,u4,s4,c4 #fcf7;a771 or and inserting subsection 7a7 or 7b7 of section #g of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7 or2 7iii7 by redesignating clauses 7iv7 through 7vii7 as clauses 7vi7 through 7ix71 respectively2 and 7iv7 by inserting after clause 7iii7 the following3 7iv7 farm ownership and operating loan guarantees by the ,farm ,service ,agency pursuant to section #cje and subtitle ,b of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibe1 #aida et seq472 7v7 the issuance of a permit or other authorization by a ,federal agency where the proposal under consideration is otherwise being evaluated or was previously evaluated by the lead 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 7#d7 by redesignating paragraph 7#ac7 as paragraph 7#ad72 and 7#e7 by inserting after paragraph 7#ab7 the following3 7#ac7 ,reasonably foreseeable 7,a7 ,in general ,the term reasonably foreseeable1 with respect to environmental effects of a proposed agency action1 means effects that share a reasonably close causal relationship to1 and are proximately caused by1 the immediate project or action under consideration4 7,b7 ,exclusions ,the term reasonably foreseeable1 with respect to environmental effects of a proposed agency action1 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 of the ,council ,section #bjd7d7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcdd7d77 is amended 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 by adding at the end the following3 #aac4 ,judicial review 7a7 ,definition of agency action ,in this section1 the term agency action has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7b7 ,standard of review ,notwithstanding chapter #g of title #e1 ,united ,states ,code1 in reviewing a claim of whether a final agency action complies with the procedural requirements of this ,act1 a court may only hold that the final agency action does not comply with those procedural requirements if the court determines that-- 7#a7 the agency abused its substantial discretion in complying with those procedural requirements2 and 7#b7 the agency would have reached a different result with respect to the final agency action absent such abuse of substantial discretion4 7c7 ,role of the court ,a court reviewing a claim described in subsection 7b7 may not substitute its judgment for that of the agency with respect to the environmental effects of a proposed agency action4 7d7 ,remand 7#a7 ,in general ,if a court holds that a final agency action does not comply with the procedural requirements of this ,act1 the court may only remand the final agency action to the agency with-- 7,a7 specific instruction to correct the errors or deficiencies in compliance2 and 7,b7 a reasonable schedule and deadline1 which such deadline may not exceed-- 7i7 with respect to an order entered before the date of enactment of this section1 the date that is #ahj days after that date of enactment2 and 7ii7 with respect 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 entered4 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 specified by the court4 7e7 ,limitations on claims 7#a7 ,in general ,notwithstanding chapter #g of title #e1 ,united ,states ,code1 a claim described in subsection 7b7 shall be barred unless-- 7,a7 the claim is filed not later than #aej days after the date on which the final agency action is made public1 unless a shorter timeline is specified under ,federal law2 7,b7 in the case of a final agency action for which there was a public comment period on an environmental document1 the claim-- 7i7 is filed by a party that submitted a substantive and unique comment during the public comment period by the noticed comment deadline for the environmental document and the comment was sufficiently detailed to put the applicable ,federal agency on notice of the issue on which the party seeks review and shows that the party would suffer direct harm if its comments were not addressed2 and 7ii7 concerns the same subject matter raised in the comment submitted during the public comment period2 and 7,c7 the claim does not challenge the establishment of a categorical exclusion4 7#b7 ,supplemental environmental documents 7,a7 ,in general ,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 7,b7 ,limitation ,a claim for review of a final agency action described in subparagraph 7,a7 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 7f7 ,deadline for resolution 7#a7 ,in general ,a court shall issue a final judgment on a claim described in subsection 7b7-- 7,a7 as expeditiously as practicable2 and 7,b7 unless a shorter timeline 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 #cj days from the filing of the claim4 7#b7 ,accelerated deadlines ,nothing in this subsection prevents a court from further expediting review of a claim described in subsection 7b74 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 the final judgment is issued4 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 7g7 ,final agency actions ,the completion of an environmental assessment1 an environmental impact statement1 or a finding of no significant impact1 or a determination to categorically exclude an action1 shall not be considered a final agency action under chapter #g of title #e1 ,united ,states ,code4 7h7 ,no effect on review of compliance with other deadlines ,nothing in this section affects the right to obtain review under section #ajg7;g77#c74 4