,,ii #aaith ,,congress #b;d ,session ,s4 #ddge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #cj1 #bjbf,mr4 ,mc,cormick introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to improve ,federal permitting1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,unlock ,american ,energy and ,jobs ,act of #bjbf4 #b4 ,energy infrastructure under the ,federal ,water ,pollution ,control ,act 7a7 ,state certification programs ,section #dja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda7 is amended-- 7#a7 by striking the heading and section designation and all that follows through may be4 at the end of subsection 7a77#a7 and inserting the following3 #dja4 ,certification 7a7 ,state certifications 7#a7 ,certification required 7,a7 ,definitions ,in this paragraph3 7i7 ,certification application ,the term certification application means a request from an applicant for a certification described in subparagraph 7,b74 7ii7 ,certifying authority ,the term certifying authority1 with respect to a certification described in subparagraph 7,b71 means the applicable entity described in subclause 7,i71 7,,ii71 or 7,,iii7 of subparagraph 7,b77i74 7iii7 ,discharge ,the term discharge1 without any qualification1 means the discharge of a pollutant from a point source4 7,b7 ,compliance with limitations 7i7 ,in general ,any applicant for a ,federal license or permit to conduct an activity1 including the construction or operation of facilities1 that may result in a discharge from a point source into the waters of the ,united ,states shall provide the ,federal licensing or permitting agency a certification that the discharge will comply with applicable water quality requirements from-- 7,i7 the ,state in which the discharge originates or will originate2 7,,ii7 if appropriate1 the interstate water pollution control agency with jurisdiction over the waters of the ,united ,states at the point where the discharge originates or will originate2 or 7,,iii7 if no ,state or interstate water pollution control agency has the authority to give such a certification1 the ,administrator4 7ii7 ,certification of no limitation and standard 7,i7 ,in general ,in the case of any activity described in clause 7i7 for which there is not an applicable effluent limitation or other limitation under sections #cja7;b7 and #cjb and for which there is not an applicable standard under sections #cjf and #cjg1 the certifying authority shall so certify4 7,,ii7 ,effect ,a certification under subclause 7,i7 does not satisfy section #eaa7;c74 7iii7 ,certification required 7,i7 ,construction prohibited until certification ,construction for which a certification is required under this subparagraph may not begin until the certification has been obtained1 unless the requirement for the certification has been waived in accordance with this paragraph4 7,,ii7 ,effect of denial ,if a certifying authority denies a certification application1 the ,federal license or permit for which the certification application was made may not be granted4 7iv7 ,scope of certification ,in determining whether to issue a certification under this subparagraph and in determining what conditions to impose on a certification under this subparagraph1 a certifying authority may only consider whether the point source discharge for which the certification application was made complies with applicable water quality requirements4 7,c7 ,required procedures 7i7 ,notice and hearings ,each certifying authority shall establish procedures for-- 7,i7 public notice in the case of all certification applications2 7,,ii7 to the extent the certifying authority determines to be appropriate1 public hearings in connection with specific certification applications2 and 7,,iii7 a prefiling meeting as described in clause 7ii74 7ii7 ,prefiling meeting 7,i7 ,request ,before submitting a certification application1 the prospective applicant may request a prefiling meeting with the certifying authority-- 7aa7 to ensure that the certifying authority receives early notification of projects for which a certification under subparagraph 7,b7 is necessary2 and 7bb7 to discuss informational needs with the certifying authority before submitting the application4 7,,ii7 ,response required ,if a prospective applicant requests a prefiling meeting with a certifying authority pursuant to subclause 7,i71 the certifying authority shall-- 7aa7 respond to the request not later than #cj days after the date on which the request is received2 and 7bb7 hold the prefiling meeting with the prospective applicant by not later than #fj days after the date on which the request is received4 7iii7 ,denials of certification2 conditions on certification 7,i7 ,denial requirement ,a certifying authority may only deny a certification application if the certifying authority determines1 based on clear and convincing evidence1 that there is no modification to or reasonable condition on the activities of the applicant that could make it possible for the activity to avoid violating the applicable water quality requirements4 7,,ii7 ,requirements for conditions ,a certifying authority may include a condition in a certification under this subparagraph that requires an applicant to modify the activity of the applicant only if the certifying authority determines1 based on clear and convincing evidence1 that the modification is-- 7aa7 necessary for the activity to avoid violating the applicable water quality requirements2 7bb7 the least burdensome of possible modifications for the applicant1 taking into account-- 7,,aa7 technical feasibility2 7,,bb7 cost2 7,,cc7 the purpose of the applicant in proposing the activity2 7,,dd7 impacts on the schedule for the activity2 and 7,,ee7 commercial viability of the activity2 and 7cc7 consistent with the requirements of the ,federal license or permit that is the subject of the certification4 7,,iii7 ,individual licenses and permits ,if a certifying authority denies a certification application for an individual license or permit1 the certifying authority shall provide to the applicable ,federal licensing or permitting agency-- 7aa7 the specific applicable water quality requirements with which the discharge will not comply2 7bb7 a statement explaining why the discharge will not comply with the identified applicable water quality requirements2 and 7cc7 if the denial is due to insufficient information1 a description of the specific water quality data or information1 if any1 that would be needed to ensure that the discharge from the proposed project will comply with applicable water quality requirements4 7,,iv7 ,general licenses or permits ,if a certifying authority denies a certification application for a general license or permit1 the certifying authority shall provide to the applicable ,federal licensing or permitting agency-- 7aa7 the specific applicable water quality requirements with which discharges that could be authorized by the general license or permit will not comply2 7bb7 a statement explaining why discharges that could be authorized by the general license or permit will not comply with the identified applicable water quality requirements2 and 7cc7 if the denial is due to insufficient information1 a description of the specific water quality data or information1 if any1 that would be needed to ensure that the range of discharges that could be authorized by the general license or permit from potential projects will comply with applicable water quality requirements4 7iv7 ,review 7,i7 ,in general ,not later than #fj days after the date on which a ,federal licensing or permitting agency receives a notice described in clause 7iii7 or a certification under subparagraph 7,b7 that includes conditions to that certification1 the ,federal licensing or permitting agency shall complete a review of the process undertaken by the certifying authority in reviewing the applicable certification application to determine whether the certifying authority established a reasonable period of time within which to review that certification application in accordance with subparagraph 7,d77ii74 7,,ii7 ,denials ,if1 after carrying out a review under subclause 7,i7 of the process undertaken by a certifying authority with respect to a denial of a certification application1 a ,federal licensing or permitting agency determines that the certifying authority did not1 in determining the reasonable period of time within which to review the certification application1 consider all of the factors described in subclause 7,i71 7,,ii71 or 7,,iii7 of subparagraph 7,d77ii71 the ,federal licensing or permitting agency shall-- 7aa7 deem the certifying authority to have failed to act on the certification application2 and 7bb7 pursuant to subparagraph 7,d77iii71 consider the requirement for a certification under subparagraph 7,b7 waived4 7,,iii7 ,conditions ,if1 after carrying out a review under subclause 7,i7 of the process undertaken by a certifying authority with respect to including conditions to a certification under subparagraph 7,b71 a ,federal licensing or permitting agency determines that the certifying authority did not1 in determining the reasonable period of time within which to review the applicable certification application1 consider all of the factors described in subclauses 7,i71 7,,ii71 and 7,,iii7 of subparagraph 7,d77ii71 the ,federal licensing or permitting agency shall consider the certification conditions void4 7,d7 ,review period 7i7 ,in general ,a certifying authority shall1 subject to this subparagraph1 issue to the applicable ,federal licensing or permitting authority a final action on a certification application within a reasonable period of time1 which-- 7,i7 shall be determined by the certifying authority by not later than #fj days after the date on which the certification application is received by the certifying authority2 but 7,,ii7 7aa7 shall begin on the date on which the certification application is received by the certifying authority2 and 7bb7 shall not exceed #a year from the date on which the certifying authority receives the certification application4 7ii7 ,determination of reasonable period ,in determining the reasonable period of time under clause 7i77,i71 a certifying authority shall consider-- 7,i7 the complexity of the project described in the certification application2 7,,ii7 the nature of any potential discharge from that project2 and 7,,iii7 the potential need for additional study or evaluation of water quality effects from the discharge4 7iii7 ,failure to act within period ,if a certifying authority fails or refuses to issue a final action on a certification application by the end of the reasonable period of time established under this subparagraph1 the requirement for a certification under subparagraph 7,b7 shall be waived4 7iv7 ,no pausing or tolling ,the reasonable period of time established for a certification application under this subparagraph may not be paused or tolled for any reason4 7,e7 ,final action 7i7 ,in general ,after completion of the reasonable period of time established under subparagraph 7,d7 and any review that may be required under subparagraph 7,c77iv7 for a certification application1 the certifying authority or ,federal licensing or permitting authority1 as applicable1 shall apply only #a of the following final actions to the certification application3 7,i7 ,the certification application is granted4 7,,ii7 ,the certification application is granted with conditions4 7,,iii7 ,the certification application is denied4 7,,iv7 ,the certification requirements under subparagraph 7,b7 have been waived in accordance with this paragraph with respect to the activity for which the certification application was submitted4 7ii7 ,no other final actions ,no other final action may apply to a certification application except as described in clause 7i74 7,f7 ,enforcement of conditions ,the ,federal licensing or permitting authority to which a certification under this subsection was issued shall be responsible for enforcing any conditions included with that certification4 2 7#b7 in subsection 7a7 7as so amended7-- 7,a7 in paragraph 7#b71 by striking 7#b7 ,upon receipt and inserting the following3 7#b7 ,notice to ,administrator2 effect on other ,states ,on receipt 2 7,b7 in paragraph 7#c71 by striking 7#c7 ,the certification and inserting the following3 7#c7 ,fulfillment of requirements ,the certification 2 7,c7 in paragraph 7#d71 by striking 7#d7 ,prior to and inserting the following3 7#d7 ,review for compliance ,prior to 2 7,d7 in paragraph 7#e71 by striking 7#e7 ,any ,federal and inserting the following3 7#e7 ,suspension and revocation ,any ,federal 2 and 7,e7 in paragraph 7#f71 by striking 7#f7 ,except with and inserting the following3 7#f7 ,applicability to certain facilities ,except with 2 7#c7 in subsection 7b71 by striking 7b7 ,nothing and inserting the following3 7b7 ,compliance with other provisions of law setting applicable water quality requirements ,nothing 2 7#d7 in subsection 7c71 by striking 7c7 ,in order and inserting the following3 7c7 ,authority of secretary of the army ,to permit use of spoil disposal areas by ,federal licensees or permittees ,in order 2 7#e7 by striking subsection 7d7 and inserting the following3 7d7 ,limitations and monitoring requirements of certification ,any certification provided under this section shall set forth any effluent limitations and other limitations and monitoring requirements necessary to ensure that any discharge into navigable waters will comply with applicable water quality requirements and shall become a condition on any ,federal license or permit subject to the provisions of this section4 2 and 7#f7 by adding at the end the following3 7e7 ,judicial review 7#a7 ,energy projects 7,a7 ,definition of affected certification action ,in this paragraph1 the term affected certification action means a civil action for the judicial review of a certification under subsection 7a77#a7 for a ,federal license or permit-- 7i7 for the construction or operation of a facility for-- 7,i7 the transmission of electric energy or energy fuels in interstate or foreign commerce2 or 7,,ii7 the transportation of carbon dioxide 7including pipelines or associated infrastructure7 in interstate or foreign commerce2 or 7ii7 from the ,federal ,energy ,regulatory ,commission4 7,b7 ,jurisdiction 7i7 ,in general ,notwithstanding section #ai7;d77#a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagr7d77#a771 an affected certification action shall be filed in a court of appeals of the ,united ,states-- 7,i7 for the circuit in which the applicant for certification under subsection 7a7 is located or has its place of business2 7,,ii7 for the circuit for the ,state for which the affected certification action applies2 or 7,,iii7 for the ,district of ,columbia ,circuit4 7ii7 ,original and exclusive jurisdiction ,the court of appeals in which an affected certification action is filed pursuant to clause 7i7 shall have original and exclusive jurisdiction over the affected certification action4 7iii7 ,standing and filing deadline ,notwithstanding any other provision of law1 no court shall have jurisdiction over an affected certification action unless the affected certification action has been filed not later than #cj days after the date on which final action was taken on the certification under subsection 7a7 for which review was sought by-- 7,i7 the applicant for the underlying ,federal license or permit2 or 7,,ii7 a person who has suffered1 or likely and imminently will suffer1 direct and irreparable economic harm from the authorization1 certification under subsection 7a71 ,federal license or permit for which a certification under subsection 7a7 was sought1 or activity for which that certification was sought4 7,c7 ,expedited consideration 7i7 ,in general ,with respect to an affected certification action1 a court shall-- 7,i7 set any petition for review for expedited consideration2 and 7,,ii7 subject to clause 7ii71 issue a final decision not later than #abj days after the date on which the affected certification action was filed4 7ii7 ,extension ,a court may extend the #abj-;day period under clause 7i77,,ii7 by not more than #fj days if the court determines that extraordinary circumstances exist that warrant the extended period4 7iii7 ,failure to comply with deadline ,with respect to an affected certification action seeking review of a certification under subsection 7a77#a7 the certification application 7as defined in subsection 7a77#a77 for which was granted1 if a court fails to issue a final decision on the affected certification action by the end of the period described in clause 7i77,,ii7 and1 if applicable1 extended under clause 7ii71 the affected certification action shall be dismissed with prejudice4 7#b7 ,timeline for action ,if a ,federal court remands a civil action for the judicial review of a certification under subsection 7a77#a7 for a ,federal license or permit1 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 the certification1 for the certifying agency to act on the remand4 7f7 ,definition of applicable water quality requirements ,in this section1 the term applicable water quality requirements means the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg4 4 7b7 ,permits for dredged or fill material 7#a7 ,in general ,section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 is amended-- 7,a7 by striking the heading and section designation and all that follows through 7a7 ,the ,secretary and inserting the following3 #djd4 ,permits for dredged or fill material 7a7 ,discharge into navigable waters at specified disposal sites 7#a7 ,in general ,the ,secretary 2 7,b7 in subsection 7a77#a7 7as so designated71 in the second sentence-- 7i7 by striking this subsection each place it appears and inserting paragraph 7#a72 and 7ii7 by striking ,not later than the fifteenth day and inserting the following3 7#b7 ,notice ,not later than the #aeth day 2 7,c7 in subsection 7c7-- 7i7 in the third sentence-- 7,i7 by striking his finding and his reasons and inserting the findings and reasons of the ,administrator2 and 7,,ii7 by striking ,the ,administrator and inserting the following3 7#d7 ,findings and reasoning ,the ,administrator 2 7ii7 in the second sentence1 by striking ,before making such determination and inserting the following3 7#c7 ,consultation ,before making a determination under paragraph 7#a7 2 7iii7 by striking 7c7 ,the ,administrator and inserting the following3 7c7 ,prohibition of specification of areas as disposal sites 7#a7 ,in general ,subject to paragraph 7#b71 the ,administrator 2 and 7iv7 by inserting after paragraph 7#a7 7as so designated7 the following3 7#b7 ,limitation ,the ,administrator may not prohibit the specification of a defined area as a disposal site1 or otherwise deny or restrict the use of a defined area as a disposal site after a permit under this section for the area has been issued by the ,secretary4 2 7,d7 in subsection 7e7-- 7i7 in paragraph 7#a71 in the second sentence-- 7,i7 by striking subsection 7b77#a7 of this section1 and 7,b7 set forth and inserting the following3 subsection 7b77#a72 and 7ii7 set forth 2 7,,ii7 by striking shall 7,a7 be based and inserting the following3 shall-- 7i7 be based 2 and 7,,iii7 by striking ,any general and inserting the following3 7,b7 ,requirements for issuance ,any general 2 7ii7 by striking 7e77#a7 ,in carrying and inserting the following3 7e7 ,general permits on ,state1 regional1 or nationwide basis 7#a7 ,permits authorized 7,a7 ,in general ,in carrying 2 7iii7 in paragraph 7#b7-- 7,i7 by striking 7#b7 ,no general and inserting the following3 7#b7 ,term ,no general 2 and 7,,ii7 by striking five years and inserting #aj years2 and 7iv7 by adding at the end the following3 7#c7 ,considerations ,in determining the environmental effects of an activity under paragraph 7#a7 or 7#b71 the ,secretary-- 7,a7 shall consider only the effects of any discharge of dredged or fill material resulting from the activity2 7,b7 shall consider any effects of a discharge of dredged or fill material into fewer than #c acres of navigable waters to be a minimal adverse environmental effect2 and 7,c7 may consider any effects of a discharge of dredged or fill material into #c acres or more of navigable waters to be a minimal adverse environmental effect4 7#d7 ,single and complete projects 7,a7 ,definition of single and complete project 7i7 ,in general ,in this paragraph1 the term single and complete project1 with respect to a project for which the ,secretary is determining whether a general permit issued under this subsection applies1 means that portion of the total project proposed or accomplished by-- 7,i7 a single owner or developer2 7,,ii7 a partnership of #a or more owners or developers2 or 7,,iii7 an association of owners or developers4 7ii7 ,linear projects 7,i7 ,definition ,in this clause1 the term linear project means a project constructed for the purpose of getting people1 goods1 energy1 or services from a point of origin to a terminal point1 which may involve multiple crossings of #a or more waters of the ,united ,states at separate and distant locations4 7,,ii7 ,general rule ,for purposes of this paragraph1 with respect to projects described in clause 7i7 that are linear projects-- 7aa7 the crossings of separate waters of the ,united ,states at a specific location shall be considered #a single and complete project2 but 7bb7 each crossing of a single water of the ,united ,states shall be considered a separate single and complete project if those crossings are at separate and distant locations4 7,,iii7 ,additional exclusions ,for purposes of subclause 7,,ii71 individual channels in a braided stream or river1 individual arms of a large1 irregularly-shaped wetland or lake1 and other1 similar bodies of water shall not be considered to be separate waters of the ,united ,states4 7,b7 ,requirement ,in determining whether a general permit issued under this subsection applies to an activity1 the ,secretary shall consider the estimated total of all losses of waters of the ,united ,states expected to result from the single and complete project4 7,c7 ,use of multiple permits ,the ,secretary may combine #b or more general permits issued under this subsection to authorize a single and complete project1 but the same general permit issued under this subsection may not be used more than once for a single and complete project4 7#e7 ,reissuance of nationwide permits ,in determining whether to reissue a general permit issued under this subsection on a nationwide basis-- 7,a7 no consultation with an applicable ,state pursuant to section #f7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece7;a77 is required2 7,b7 no consultation with a ,federal agency pursuant to section #g7;a77#b7 of that ,act 7#af ,u4,s4,c4 #aecf7;a77#b77 is required2 and 7,c7 for purposes of carrying out the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to that reissuance1 conducting an environmental assessment on a nationwide basis is sufficient for purposes of compliance with that ,act4 7#f7 ,nationwide permit for oil and natural gas pipelines ,notwithstanding any other provision of this section1 the ,secretary shall maintain a nationwide permit for the activities required for the construction1 maintenance1 repair1 operation1 and removal of oil and natural gas pipelines and associated facilities that result in the loss of1 with respect to waters of the ,united ,states1 an area of fewer than #c acres for each single and complete project 7as defined in paragraph 7#d77;,a771 which shall be known as nationwide permit #ab4 2 7,e7 in subsection 7h7-- 7i7 in paragraph 7#a71 by adding at the end the following3 7,i7 ,to issue permits not later than the date that is #a year after the date on which the ,state receives an application for the permit1 which may not be paused or tolled for any reason4 7,j7 ,to ensure that1 if the ,state does not issue a final action with respect to an application for a permit within the #a-year period described in subparagraph 7,i71 the application is considered to be approved4 7,k7 ,to carry out a programmatic review of the program annually to ensure that the program does not exceed the authority granted to the ,state under this section4 2 and 7ii7 by adding at the end the following3 7#f7 ,action required 7,a7 ,in general ,a ,state with a permit program approved under this subsection shall issue a final action with respect to an application for a permit described in subsection 7g77#a7 not later than #a year after the date of receipt of the application4 7,b7 ,failure to act ,an application for a permit described in subsection 7g77#a7 submitted to a ,state with a permit program approved under this subsection shall be considered to be approved if the ,state fails to issue a final action with respect to the application by the end of the #a-year period described in subparagraph 7,a74 7,c7 ,no pausing or tolling ,the #a-year period described in subparagraph 7,a7 may not be paused or tolled for any reason4 2 7,f7 in subsection 7s77#c71 in the third sentence1 by striking acton and inserting action2 7,g7 in subsection 7t71 by striking 7t7 ,nothing and inserting the following3 7u7 ,savings provision ,nothing 2 and 7,h7 by inserting after subsection 7s7 the following3 7t7 ,judicial review 7#a7 ,statute of limitations 7,a7 ,in general ,notwithstanding any other provision of law1 an action seeking judicial review of an individual or general permit issued under this section shall be filed not later than the date that is #fj days after the date on which the permit was issued4 7,b7 ,savings provision ,nothing in subparagraph 7,a7 authorizes an action seeking judicial review of the structure of or authorization for a ,state permit program approved pursuant to this section4 7#b7 ,timeline to act on remand ,if a ,federal court remands a permit under this section1 the ,federal court shall set and enforce a reasonable schedule and deadline1 which may not exceed #ahj days from the date on which the ,federal court remands the permit1 for the issuer of the permit to act on that remand4 4 7#b7 ,ratification of current permits ,notwithstanding any other provision of law1 each category of activities authorized by a general permit issued under section #djd7;e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;e77 7including nationwide permit #ab7 or under section #aj of the ,act of ,march #c1 #ahii 7#cc ,u4,s4,c4 #djc71 that is in effect on the date of enactment of this ,act shall1 consistent with subparagraph 7,a7 of section #djd7;e77#a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;e77#a771 be considered to cause-- 7,a7 not more than minimal adverse environmental effects when actions authorized under those permits are carried out separately2 and 7,b7 not more than minimal cumulative adverse effects on the environment4 7#c7 ,savings provision ,nothing in this subsection or the amendments made by this subsection requires a ,state 7including an ,indian tribe that is treated as a ,state pursuant to section #eah7;e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgg7;e777 for which the ,administrator of the ,environmental ,protection ,agency has approved a permit program pursuant to subsections 7g7 and 7h7 of section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 to seek reapproval of the permit program in accordance with those subsections4 #c4 ,,lng terminals ,section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 is amended-- 7#a7 in subsection 7e77#c7-- 7,a7 in subparagraph 7,a71 by striking find and inserting finds2 7,b7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking ,before ,january #a1 #bjae1 the and inserting ,the2 and 7,c7 by striking subparagraph 7,c72 and 7#b7 by adding at the end the following3 7g7 ,public interest finding ,in carrying out a finding of public interest under subsection 7a71 the ,commission may not consider any environmental factors pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 4 #d4 ,nuclear energy licensing 7a7 ,extension of license terms for commercial reactors ,section #ajc c4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bacc7;c77 is amended-- 7#a7 by striking c4 ,each such license and inserting the following3 c4 7#a7 ,except as provided in paragraph 7#b71 each such license 2 and 7#b7 by adding at the end the following3 7#b7 ,in the case of a license issued under this section for a utilization facility for the generation of electrical or thermal energy1 the period of the license shall not exceed #fj years from the authorization to commence operations1 and may be renewed on expiration of that period4 4 7b7 ,early site permits ,not later than #a year after the date of enactment of this ,act1 the ,nuclear ,regulatory ,commission shall finalize a rulemaking amending section #eb4bf of title #aj1 ,code of ,federal ,regulations1 to provide that-- 7#a7 an early site permit issued after the date of enactment of this ,act does not expire2 7#b7 an early site permit issued before the date of enactment of this ,act shall1 without further review or approval by the ,nuclear ,regulatory ,commission1 remain in effect indefinitely on the request of the permit holder or any other entity that references the early site permit in an application for a construction permit or combined license2 and 7#c7 an early site permit1 regardless of when the permit is issued1 may be revoked only on a finding by the ,nuclear ,regulatory ,commission1 supported by clear and convincing evidence1 that-- 7,a7 significant new information has arisen since the issuance of the early site permit with respect to the radiological1 seismic1 meteorological1 hydrologic1 geologic1 or demographic characteristics of the site that was not considered during the original permitting proceeding and that renders the site unsuitable for the construction and operation of a nuclear power facility2 or 7,b7 revocation is necessary to ensure adequate protection of public health and safety or the common defense and security4 7c7 ,categorical exclusion ,the construction and operation of a new nuclear reactor at a site for which the ,nuclear ,regulatory ,commission has previously issued1 or is currently reviewing an application for1 a construction permit1 operating license1 or combined license under the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq47 shall be categorically excluded from the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 #e4 ,judicial review under ,,nepa ,title ,i of the ,national ,environmental ,policy ,act of #aifi is amended-- 7#a7 by redesignating section #aab 7#db ,u4,s4,c4 #dccf;f7 as section #aaj;,a1 and moving the section so as to appear after section #aaj2 and 7#b7 by inserting after section #aaj;,a 7as so redesignated7 the following3 #aaj;,b4 ,judicial review 7a7 ,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 that title1 is to remand1 without vacatur or injunction1 the final agency action to the ,federal 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 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 found by the court4 7b7 ,limitations on claims 7#a7 ,in general ,notwithstanding any other provision of law1 a claim relating to whether a final agency action complies with the requirements of this ,act shall be barred unless-- 7,a7 the claim is filed not later than #aej days after the final agency action is made public1 unless a shorter deadline 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 that 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 review2 and 7ii7 concerns the same subject matter raised in the comment submitted during the public comment period2 7,c7 the claim is filed by a party that has suffered or imminently will suffer direct harm from the final agency action2 and 7,d7 the claim does not challenge the establishment of a categorical exclusion4 7#b7 ,supplemental environmental documents 7,a7 ,in general ,if a ,federal 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 ,federal 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 7#c7 ,actions for use of tribal trust resources 7,a7 ,in general ,except as provided in subparagraph 7,b71 for any final agency action that authorizes or affects the use of land1 minerals1 or other resources held in trust at the time of the final agency action by the ,united ,states for the benefit of a federally recognized ,indian ,tribe1 there shall be no administrative or judicial review of the final agency action based on a claim of failure to comply with the requirements of this ,act4 7,b7 ,exception ,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 land1 minerals1 or other resources in trust2 or 7ii7 that involve reasonably foreseeable effects of the final agency action that occur outside the land1 minerals1 or other resources held in trust by the ,united ,states for the benefit of a federally recognized ,indian ,tribe4 7c7 ,deadline for resolution 7#a7 ,in general ,a court shall issue a final judgment on a claim relating to whether a final agency action complies with the requirements of this ,act-- 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 be not more than #fj days after the filing of the claim4 7#b7 ,accelerated deadlines ,nothing in this subsection prevents a court from further expediting review of a claim relating to whether a final agency action complies with the requirements of this ,act4 7#c7 ,appeals 7,a7 ,filing 7i7 ,in general ,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 7ii7 ,remanded actions ,in the case of a final agency action remanded under subsection 7a77#a71 the ,federal agency and1 if applicable1 the applicant 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 notice of the appeal is filed4 7d7 ,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