,,ii #aaith ,,congress #b;d ,session ,s4 #didd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjbf,mr4 ,armstrong 7for himself1 ,ms4 ,lummis1 ,mr4 ,scott of ,florida1 and ,mrs4 ,britt7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to streamline permitting under the ,natural ,gas ,act1 the ,federal ,water ,pollution ,control ,act1 and the ,national ,environmental ,policy ,act of #aifi1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,energy and ,mineral ,infrastructure ,act of #bjbf4 #b4 ,promoting interagency coordination for review of natural gas pipelines 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,environmental review ,the term environmental review means the process of preparing1 for a proposed agency action in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47-- 7,a7 an environmental impact statement2 7,b7 an environmental assessment2 7,c7 a categorical exclusion2 and 7,d7 a finding of no significant impact4 7#c7 ,federal authorization ,the term ,federal authorization has the meaning given that term in section #ae7;a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7a774 7#d7 ,project-related environmental review ,the term project-related environmental review means any environmental review required to be conducted with respect to the issuance of an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f74 7b7 ,commission responsibilities ,in acting as the lead agency under section #ae7;b77#a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7b77#a77 for the purposes of complying with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f71 the ,commission shall1 in accordance with this section and other applicable ,federal law-- 7#a7 be the only lead agency2 7#b7 coordinate as early as practicable with each agency designated as a participating agency under subsection 7d77#c7 to ensure that the ,commission develops information in conducting its project-related environmental review that is usable by the participating agency in considering an aspect of an application for a ,federal authorization for which the agency is responsible2 and 7#c7 take such actions as are necessary and proper to facilitate the expeditious resolution of its project-related environmental review4 7c7 ,deference to ,commission ,in making a decision with respect to a ,federal authorization required with respect to an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f71 each agency shall give deference1 to the maximum extent authorized by law1 to the scope of the project-related environmental review that the ,commission determines to be appropriate4 7d7 ,participating agencies 7#a7 ,identification ,the ,commission shall identify1 not later than #cj days after the ,commission receives an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f71 any ,federal or ,state agency1 local government1 or ,indian ,tribe that may issue a ,federal authorization or is required by ,federal law to consult with the ,commission in conjunction with the issuance of a ,federal authorization required for such authorization or certificate4 7#b7 ,invitation 7,a7 ,in general ,not later than #de days after the ,commission receives an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f71 the ,commission shall invite any agency identified under paragraph 7#a7 to participate in the review process for the applicable ,federal authorization4 7,b7 ,deadline ,an agency invited under subparagraph 7,a7 shall submit a response to the ,commission by not later than #cj days after the date the invitation is received1 which may be extended by the ,commission for good cause for a period of not more than #ae days4 7,c7 ,failure to meet deadline ,if an agency invited under subparagraph 7,a7 fails to meet the deadline described in subparagraph 7,b71 the agency shall not be considered a participating or cooperating agency4 7#c7 ,designation as participating agencies ,not later than #fj days after the ,commission receives an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f71 the ,commission shall designate an agency identified under paragraph 7#a7 as a participating agency with respect to that application unless the agency informs the ,commission1 in writing1 by the deadline established pursuant to paragraph 7#b77;,b71 that the agency-- 7,a7 has no jurisdiction or authority with respect to the applicable ,federal authorization2 7,b7 has no special expertise or information relevant to any project-related environmental review2 or 7,c7 does not intend to submit comments for the record for the project-related environmental review conducted by the ,commission4 7e7 ,comment deadline ,the ,commission is not required to respond to comments regarding a ,federal authorization submitted after the applicable comment period is over4 7f7 ,water quality impacts 7#a7 ,in general ,notwithstanding section #dja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda71 a certification under such section shall not be required with respect to a ,federal authorization4 7#b7 ,coordination ,with respect to any environmental review for a ,federal authorization to conduct an activity that will directly result in a discharge into the navigable waters 7within the meaning of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq4771 the ,commission shall identify as an agency under subsection 7d77#a7 the ,state in which the discharge originates or will originate1 or1 if appropriate1 the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate4 7#c7 ,proposed conditions ,a ,state or interstate agency designated as a participating agency pursuant to paragraph 7#b7 may propose to the ,commission terms or conditions for inclusion in an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f7 that the ,state or interstate agency determines are necessary to ensure that any discharge described in paragraph 7#b7 conducted pursuant to such authorization or certification will comply with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acaa1 #acab1 #acac1 #acaf1 #acag74 7#d7 ,commission consideration of conditions ,the ,commission may include a term or condition in an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f7 proposed by a ,state or interstate agency under paragraph 7#c7 only if the ,commission finds with clear and convincing evidence that the term or condition is necessary to ensure that any discharge described in paragraph 7#b7 conducted pursuant to such authorization or certification will comply with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acaa1 #acab1 #acac1 #acaf1 #acag74 7#e7 ,commission denial of certificate ,the ,commission may deny an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f7 based on water quality concerns only if the ,commission finds with clear and convincing evidence that the proposed project cannot comply with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acaa1 #acab1 #acac1 #acaf1 #acag74 7g7 ,schedule 7#a7 ,deadline for ,federal authorizations ,a deadline for a ,federal authorization required with respect to an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f7 set by the ,commission under section #ae7;c77#a7 of that ,act 7#ae ,u4,s4,c4 #gagn7c77#a77 shall be not later than #ij days after the ,commission completes its project-related environmental review1 unless an applicable schedule is otherwise established by ,federal law4 7#b7 ,concurrent reviews ,each ,federal and ,state agency that may consider an aspect of an application for a ,federal authorization required with respect to an application for authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f7 shall-- 7,a7 carry out the obligations of that agency under applicable law2 and 7,b7 in considering an aspect of an application for a ,federal authorization required with respect to an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f71 shall-- 7i7 carry out the obligations of that agency under applicable law concurrently1 and in conjunction with1 the project-related environmental review conducted by the ,commission1 pursuant to a schedule established by the ,commission not to exceed #bgj days1 but subject to the condition that the ,commission may1 at the request of the agency and for good cause1 grant a single #fj-;day extension2 and 7ii7 not less often than once every #ij days1 transmit to the ,commission a report describing the progress made in considering such application for a ,federal authorization4 7#c7 ,failure to meet deadline ,if a ,federal or ,state agency1 including the ,commission1 fails to meet a deadline for a ,federal authorization set forth in the schedule established by the ,commission under section #ae7;c77#a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7c77#a771 not later than #e days after such deadline1 the head of the relevant ,federal agency 7including1 in the case of a failure by a ,state agency1 the ,federal agency overseeing the delegated authority7 shall notify ,congress and the ,commission of such failure and set forth a recommended implementation plan to ensure completion of the action to which such deadline applied4 7h7 ,consideration of applications for ,federal authorization 7#a7 ,issue identification and resolution 7,a7 ,identification ,federal and ,state agencies that may consider an aspect of an application for a ,federal authorization shall identify1 as early as possible and not later than #ij days after receipt of a request for the ,federal authorization1 any issues of concern that may delay or prevent an agency from working with the ,commission to resolve such issues and granting the ,federal authorization4 7,b7 ,issue resolution ,the ,commission may forward any issue of concern identified under subparagraph 7,a7 to the heads of the relevant agencies 7including1 in the case of an issue of concern that is a failure by a ,state agency1 the ,federal agency overseeing the delegated authority1 if applicable7 for resolution4 7#b7 ,remote surveys 7,a7 ,in general ,if a ,federal or ,state agency considering an aspect of an application for a ,federal authorization requires the person applying for the ,federal authorization to submit data1 the agency shall-- 7i7 consider any such data gathered by aerial or other remote means that the person submits2 and 7ii7 accept aerial surveys in absence of clear and convincing evidence4 7,b7 ,conditional approval ,the agency may grant a conditional approval for a ,federal authorization based on data gathered by aerial or remote means1 conditioned on the verification of such data by subsequent onsite inspection if the ,commission determines that an onsite inspection is likely to materially alter the final determination of the ,commission or the grant of the certificate4 7#c7 ,application processing ,the ,commission1 and ,federal and ,state agencies1 may allow a person applying for a ,federal authorization to fund a third-party contractor to assist in reviewing the application for the ,federal authorization4 7i7 ,accountability1 transparency1 efficiency 7#a7 ,in general ,for an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of that ,act 7#ae ,u4,s4,c4 #gag;f7 that requires multiple ,federal authorizations1 the ,commission1 with input from any ,federal or ,state agency considering an aspect of the application1 shall track and make available to the public on the website of the ,commission information related to the actions required to complete the ,federal authorizations4 7#b7 ,inclusions ,the information described in paragraph 7#a7 shall include the following3 7,a7 ,the schedule established by the ,commission under section #ae7;c77#a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7c77#a774 7,b7 ,a list of all the actions required by each applicable agency to complete permitting1 reviews1 and other actions necessary to obtain a final decision on the application4 7,c7 ,the expected completion date for each action described in subparagraph 7,b74 7,d7 ,a point of contact at the agency responsible for each such action4 7,e7 ,in the event that an action is still pending as of the expected date of completion1 a brief explanation of the reasons for the delay4 7j7 ,strengthening judicial review of ,natural ,gas ,act projects ,section #ai of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagr7 is amended-- 7#a7 in subsection 7b71 in the eighth sentence1 by striking certification and all that follows through the period at the end and inserting certification as provided in section #abed of title #bh1 ,united ,states ,code42 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#c71 in the first sentence1 by striking ,if the ,court finds and inserting the following3 ,except as provided in paragraph 7#f71 if the ,court finds2 and 7,b7 by adding at the end the following3 7#f7 ,exception for certain orders or actions 7,a7 ,in general ,notwithstanding any other provision of this section1 for petitions challenging an order or action taken by the ,commission under section #c or section #g1 the court may not set aside1 vacate1 or otherwise void that order or action4 7,b7 ,court action ,notwithstanding chapter #g of title #e1 ,united ,states ,code1 the ,court shall remand the proceeding1 without vacatur or injunction1 to the applicable ,federal or ,state agency to take appropriate action if the ,court finds that an order or action described in paragraph 7#a7-- 7i7 would prevent the construction1 expansion1 or operation of the facility subject to section #c or #g2 and 7ii7 7,i7 is inconsistent with applicable ,federal law2 or 7,,ii7 is not supported by clear and convincing evidence4 4 #c4 ,improving water quality certifications ,section #dja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 7a77#a7 ,any applicant and all that follows through ,no license in the sixth sentence of paragraph 7#a7 and inserting the following3 7a7 ,compliance with applicable requirements 7#a7 ,certification required 7,a7 ,in general ,any applicant for a ,federal license or permit to conduct any activity1 including the construction or operation of facilities1 which may result in a discharge directly into the navigable waters shall provide the licensing or permitting agency a certification from the ,state in which the discharge originates or will originate or1 if appropriate1 from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate1 that any such discharge will comply with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg4 7,b7 ,certification of no applicable limitation ,in the case of any discharge described in subparagraph 7,a7 for which there is not an applicable effluent limitation or other limitation under sections #cja7;b7 and #cjb1 and there is not an applicable standard under sections #cjf and #cjg1 the ,state1 interstate water pollution control agency1 or ,administrator1 as applicable1 shall so certify1 except that any such certification shall not be deemed to satisfy section #eaa7;c74 7,c7 ,certification by the administrator ,in any case in which a ,state or interstate water pollution control agency has no authority to give a certification under subparagraph 7,a7-- 7i7 the certification shall be from the ,administrator2 and 7ii7 subsection 7d7 shall apply to the request for certification4 7,d7 ,procedures required 7i7 ,in general ,the ,administrator and each ,state and interstate water pollution control agency that has authority to give a certification under this subsection shall establish procedures for public notice in the case of all requests for certification under this subsection by the ,state1 interstate water pollution control agency1 or ,administrator1 as applicable1 and1 to the extent that the ,state1 interstate water pollution control agency1 or ,administrator determines it appropriate1 procedures for public hearings in connection with specific requests4 7ii7 ,decision criteria ,a decision to grant or deny a request for certification under this subsection shall be based solely on whether the discharge complies with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg1 and the grounds for that decision shall be set forth in writing and provided to the applicant4 7iii7 ,deadline for requesting additional information ,not later than #ij days after the date on which a ,state1 an interstate water pollution control agency1 or the ,administrator1 as applicable1 receives a request for certification under this subsection1 the ,state1 interstate water pollution control agency1 or ,administrator shall identify in writing any specific additional materials or information necessary for the request for certification to be considered complete pursuant to subsection 7d74 7iv7 ,publication requirement ,not later than #cj days after the date of enactment of this clause1 the ,administrator and each ,state and interstate water pollution control agency that has authority to give a certification under this subsection shall publish the requirements for a certification under this subsection for an applicant to use to demonstrate to the ,administrator1 ,state1 or interstate water pollution control agency1 as applicable1 compliance with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg4 7,e7 ,decisionmaking 7i7 ,definition of receipt ,in this subparagraph1 the term receipt1 with respect to a request for certification under this subsection1 means the date on which the ,state1 interstate water pollution control agency1 or ,administrator1 as applicable1 initially receives the request for certification1 regardless of whether the request for certification is determined to be complete or additional information is requested pursuant to subparagraph 7,d77iii74 7ii7 ,actions on a request ,the ,state1 interstate water pollution control agency1 or ,administrator1 as applicable1 may-- 7,i7 grant a request for certification under this subsection with or without conditions2 7,,ii7 deny the request2 or 7,,iii7 waive the requirement for certification under this subsection with respect to the application for the ,federal license or permit4 7iii7 ,failure to act 7,i7 ,in general ,if a ,state1 an interstate water pollution control agency1 or the ,administrator1 as applicable1 fails to act on a request for certification in accordance with clause 7ii7 within a reasonable period of time to be determined by the ,federal licensing or permitting agency 7which shall not exceed #a year after receipt of the request71 the requirement for certification under this subsection shall be deemed to be waived with respect to the application for the ,federal license or permit4 7,,ii7 ,no judicial review ,notwithstanding any other provision of law1 a finding of a waiver by the ,federal licensing or permitting agency under subclause 7,i7 shall not be subject to judicial review4 7iv7 ,no tolling ,the #a-year period described in clause 7iii7 may not be tolled1 paused1 or extended for any reason1 including through requests for additional information1 solicitation of public comment1 or environmental reviews4 7,f7 ,no action ,no license 2 and 7,b7 in paragraph 7#d71 in the first sentence1 by striking any discharge into the navigable waters and inserting a discharge directly into the navigable waters2 7#b7 in subsection 7b71 by striking 7b7 ,nothing and inserting the following3 7b7 ,compliance with other provisions of law setting applicable water quality requirements ,except as provided in subsection 7e71 nothing 2 7#c7 in subsection 7c71 by striking 7c7 ,in order and inserting the following3 7c7 ,authority of ,secretary of the ,army ,to permit spoil disposal areas by ,federal licensees or permittees ,in order 2 and 7#d7 by striking subsection 7d7 and inserting the following3 7d7 ,certification request requirements 7#a7 ,written request required ,a request for certification under subsection 7a7 shall be made in writing to the ,state1 interstate water pollution control agency1 or ,administrator1 as applicable4 7#b7 ,requirements for complete request ,a completed request for certification under subsection 7a7 shall consist of-- 7,a7 an identification of each applicant for the ,federal license or permit with respect to which certification is requested2 7,b7 a statement that information included in the request for certification is truthful1 accurate1 and complete1 to the best knowledge of each applicant2 7,c7 in the case of a request for certification with respect to an individual permit or license-- 7i7 an identification of the ,federal license or permit that is the subject of the application with respect to which the certification is requested2 7ii7 an identification1 based on the reasonable belief of the applicant at the time the application is submitted1 of any activity the conduct of which is subject to the ,federal license or permit identified under clause 7i72 7iii7 an identification of-- 7,i7 the location1 point of origin1 and characteristics of any discharge that may directly enter the navigable waters2 and 7,,ii7 the location of the specific navigable waters that would receive such a discharge2 7iv7 a description of the means that may be used to monitor1 control1 or manage a discharge identified under clause 7iii72 and 7v7 a list of all other ,federal1 interstate1 ,tribal1 ,state1 or local agency authorizations required for the conduct of an activity identified under clause 7ii71 including a description of any authorizations described in that list that are already received2 and 7,d7 in the case of a request for certification with respect to the issuance of a general license or a general permit-- 7i7 an identification of the proposed categories of activities to be covered by the general license or general permit2 7ii7 a description of the proposed general license or general permit1 which may include a draft of the proposed general license or general permit2 and 7iii7 an estimate of the number of discharges expected to result from the proposed general license or general permit annually4 7#c7 ,prohibition ,no ,state or interstate water pollution control agency1 nor the ,administrator1 may1 for purposes of a request for certification under subsection 7a71 require the inclusion of information beyond the information described in paragraph 7#b74 7e7 ,certification conditions 7#a7 ,in general ,a certification obtained under subsection 7a7 shall set forth any effluent limitations and other limitations and monitoring requirements necessary to ensure that any discharge subject to a certification under that subsection will comply with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg1 and any such limitation or requirement shall be imposed by the ,federal licensing or permitting agency as a condition on the applicable ,federal license or permit subject to the provisions of this section4 7#b7 ,requirements for conditions ,a certifying ,state or interstate water pollution control agency1 or the ,administrator1 as applicable1 may only include a condition on a certification under subsection 7a7 that requires the applicant to modify an activity of the applicant which may result in a discharge directly into the navigable waters if the ,state1 interstate water pollution control agency1 or ,administrator determines1 based on clear and convincing evidence1 that the modification is-- 7,a7 necessary for the activity to avoid violating an applicable provision of section #cja1 #cjb1 #cjc1 #cjf1 or #cjg2 7,b7 least burdensome for the applicant1 as compared to other possible modifications1 taking into account-- 7i7 technical feasibility2 7ii7 cost2 7iii7 the purpose of the applicant in proposing the activity2 7iv7 impacts on the schedule for the activity2 and 7v7 the commercial viability of the proposed condition2 and 7,c7 consistent with the requirements for the ,federal license or permit for which the certification is sought4 7#c7 ,limitations on conditions for hydroelectric projects ,a certification obtained under subsection 7a7 for a hydroelectric project may not include conditions relating to the quantity1 timing1 or rate of water flow over1 through1 or around that project4 7f7 ,requirements for denial ,a certifying ,state or interstate water pollution control agency1 or the ,administrator1 as applicable1 may only deny a request for certification under subsection 7a7 if the ,state1 interstate water pollution control agency1 or ,administrator 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 an applicable provision of section #cja1 #cjb1 #cjc1 #cjf1 or #cjg4 7g7 ,enforcement ,notwithstanding section #eje1 any condition imposed on a ,federal license or permit by a ,federal licensing or permitting agency under this section may only be enforced by that ,federal licensing or permitting agency4 7h7 ,judicial review 7#a7 ,scope ,this subsection applies to any civil action for the review of a certification under subsection 7a74 7#b7 ,jurisdiction 7,a7 ,in general ,notwithstanding section #ai7;d77#a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagr7d77#a77 or any other provision of law1 a civil action subject to this subsection shall be filed in a court of appeals of the ,united ,states for-- 7i7 the judicial circuit in which the applicant is located or has its principal place of business2 7ii7 the judicial circuit for the ,state in which the project for which the certification under subsection 7a7 would be issued is or will be located2 or 7iii7 the ,district of ,columbia ,circuit4 7,b7 ,original and exclusive jurisdiction ,a court of appeals described in subparagraph 7,a7 shall have original and exclusive jurisdiction over the applicable civil action4 7,c7 ,standing ,notwithstanding any other provision of law1 no court shall have jurisdiction to review a civil action subject to this subsection unless the civil action is filed-- 7i7 not later than #fj days after the date on which final action on the certification under subsection 7a7 is taken2 and 7ii7 by-- 7,i7 the applicant2 or 7,,ii7 a person who has suffered1 or likely and imminently will suffer1 direct and irreparable economic harm from the certification1 subject to the condition that an organization or association shall satisfy the requirement of this clause only if each member of the organization or association satisfies the requirement4 7#c7 ,expedited consideration 7,a7 ,in general ,in reviewing a civil action subject to this subsection1 a court shall-- 7i7 set any petition for review under that civil action for expedited consideration2 and 7ii7 subject to subparagraph 7,b71 issue a final decision not later than #abj days after the date on which the civil action is filed4 7,b7 ,extraordinary circumstances ,if a court finds that there are extraordinary circumstances that apply to a civil action subject to this subsection1 the court may extend the #abj-;day period described in subparagraph 7,a77ii7 by an additional #fj days4 7#d7 ,standard of review ,in reviewing the denial of a certification under subsection 7a71 a court shall find the denial unlawful unless the court finds1 based on clear and convincing evidence1 that-- 7,a7 the certifying ,state or interstate water pollution control agency or the ,administrator1 as applicable1 has demonstrated that no condition would achieve compliance with the applicable provisions of section #cja1 #cjb1 #cjc1 #cjf1 or #cjg2 and 7,b7 the certifying ,state or interstate water pollution control agency or the ,administrator1 as applicable1 considered specific alternative conditions1 including alternatives offered by the applicant1 and determined that those alternative conditions would not achieve compliance with applicable provisions of section #cja1 #cjb1 #cjc1 #cjf1 or #cjg4 7#e7 ,nonapplicant challenges ,if a party other than the applicant brings a civil action subject to this subsection against a certification obtained under subsection 7a71 the nonapplicant party shall demonstrate1 with clear and convincing evidence1 that the project or activity for which the certification was granted fails to achieve compliance with applicable provisions of section #cja1 #cjb1 #cjc1 #cjf1 or #cjg4 7#f7 ,remedy 7,a7 ,no vacatur ,notwithstanding any other provision of law1 no court shall have the authority to set aside1 vacate1 nullify1 or otherwise render unenforceable any certification under subsection 7a74 7,b7 ,limited remedies ,in a review of a certification under subsection 7a71 a court may only affirm or modify the certification1 and may remand the certification to the ,state1 interstate water pollution control agency1 or the ,administrator1 as applicable1 for corrective action4 7i7 ,description of applicable provisions ,for purposes of this section1 the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg are any applicable effluent limitations and other limitations under section #cja or #cjb1 any water quality standard in effect for a ,state under section #cjc1 any standard of performance under section #cjf1 and any prohibition1 effluent standard1 or pretreatment standard under section #cjg4 4 #d4 ,national pollutant discharge elimination system 7a7 ,improving water quality general permits ,section #djb7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7;a77 is amended by adding at the end the following3 7#f7 ,general permits 7,a7 ,permits authorized ,the ,administrator may issue general permits under this section on a ,state1 regional1 or nationwide basis1 or for a delineated area1 for discharges associated with any category of activities the discharges of which are of similar types and from similar sources4 7,b7 ,permit expiration notification ,if the ,administrator does not intend to issue a general permit under this paragraph that covers discharges that are substantially similar to discharges covered by a previously issued general permit1 not later than the date that is #b years before the date on which the previously issued general permit will expire1 the ,administrator shall publish in the ,federal ,register a notice of the decision not to reissue the general permit4 7,c7 ,application of permit terms of an expired permit 7i7 ,in general ,if a general permit issued under this paragraph expires and the ,administrator has not published a notice under subparagraph 7,b71 the ,administrator shall1 until the date described in clause 7ii7-- 7,i7 continue to apply the terms1 conditions1 and requirements of the expired general permit to any discharge that was covered by the expired general permit2 and 7,,ii7 apply those terms1 conditions1 and requirements to any discharge that would have been covered by the expired general permit 7in accordance with any relevant requirements for that coverage7 if the discharge had occurred before that expiration4 7ii7 ,date described ,the date referred to in clause 7i7 is the date that is the earlier of-- 7,i7 the date on which the ,administrator issues a new general permit for discharges substantially similar to those covered by the expired general permit2 and 7,,ii7 the date that is #b years after the date on which the ,administrator publishes in the ,federal ,register a notice described in subparagraph 7,b74 4 7b7 ,,npdes permit terms ,section #djb7;b77#a77;,b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7;b77#a77;,b77 is amended by striking five years and inserting #aj years4 #e4 ,providing certainty to permits for dredged or fill material 7a7 ,reducing permitting uncertainty 7#a7 ,in general ,section #djd7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;c77 is amended-- 7,a7 in the third sentence-- 7i7 by striking his findings and his reasons and inserting the findings and reasons of the ,administrator2 and 7ii7 by striking ,the ,administrator and inserting the following3 7#d7 ,written determination ,the ,administrator 2 7,b7 in the second sentence1 by striking ,before making such determination1 and inserting the following3 7#c7 ,consultation ,before making a determination under paragraph 7#a71 2 7,c7 by striking 7c7 ,the ,administrator and inserting the following3 7c7 ,specification or use of defined area 7#a7 ,in general ,the ,administrator 2 7,d7 in paragraph 7#a7 7as so designated7-- 7i7 by striking he is authorized2 and 7ii7 by striking he determines1 after notice and opportunity for public hearings1 and inserting the ,administrator determines1 during the period described in paragraph 7#b7 and after notice and opportunity for public hearings12 and 7,e7 by inserting after paragraph 7#a7 7as so designated7 the following3 7#b7 ,period of prohibition ,the period during which the ,administrator may prohibit the specification 7including the withdrawal of specification7 of a defined area as a disposal site1 or deny or restrict the use of a defined area for specification 7including the withdrawal of specification7 as a disposal site1 under paragraph 7#a7 is the period that-- 7,a7 begins on the date on which an applicant submits all the information required to complete an application for a permit under this section2 and 7,b7 ends on the date on which the ,secretary issues the permit4 4 7#b7 ,applicability ,the amendments made by paragraph 7#a7 shall apply to a permit application submitted under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 after the date of enactment of this ,act4 7b7 ,nationwide permitting improvement 7#a7 ,in general ,section #djd7;e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;e77 is amended-- 7,a7 by striking 7e77#a7 ,in carrying out his functions and inserting the following3 7e7 ,general permits 7#a7 ,permits authorized ,in carrying out the functions of the ,secretary 2 7,b7 in paragraph 7#b7-- 7i7 by striking 7#b7 ,no general and inserting the following3 7#b7 ,term ,no general 2 and 7ii7 by striking five years and inserting #aj years2 and 7,c7 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 less 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 ,nationwide permits for linear projects 7,a7 ,definitions ,in this paragraph3 7i7 ,linear infrastructure project ,the term linear infrastructure project means a project to carry out any activity required for-- 7,i7 the construction1 expansion1 maintenance1 modification1 or removal of infrastructure and associated facilities for the transmission from a point of origin to a terminal point of communications or electricity2 or 7,,ii7 the transportation from a point of origin to a terminal point of people1 water1 or wastewater4 7ii7 ,linear pipeline project ,the term linear pipeline project means a project to carry out any activity required for the construction1 expansion1 maintenance1 modification1 or removal of infrastructure and associated facilities for the transportation from a point of origin to a terminal point of carbon dioxide1 fuel1 or hydrocarbons1 in the form of a liquid1 liquescent1 gaseous1 or slurry substance or supercritical fluid1 including oil and gas pipeline facilities4 7iii7 ,single and complete project ,the term single and complete project has the meaning given the term in section #ccj4b of title #cc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this paragraph74 7,b7 ,rule ,notwithstanding any other provision of this section1 the ,secretary shall issue and maintain general permits on a nationwide basis under this subsection for-- 7i7 linear infrastructure projects that result in a discharge of dredged or fill material into less than #c acres of navigable waters for each single and complete project2 and 7ii7 linear pipeline projects that do not result in the loss of navigable waters in an area that is greater than #j4e acres for each single and complete project4 7,c7 ,pipeline threshold floor ,nothing in subparagraph 7,b77ii7 limits the authority of the ,secretary to authorize pipeline-related discharges of dredged or fill material into areas of navigable waters that are greater than #j4e acres but below the #c-;acre threshold described in subparagraph 7,b77i74 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 the requirements of section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 shall be satisfied by preparing an environmental assessment 7as defined in section #aaa of that ,act 7#db ,u4,s4,c4 #dccf;e77 with respect to the general permit4 4 7#b7 ,regulatory revisions required ,the ,secretary of the ,army1 acting through the ,chief of ,engineers1 shall expeditiously revise the regulations applicable to carrying out section #djd7;e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;e77 in order to streamline the processes for issuing general permits under that section to promote efficient and consistent implementation of that section4 7#c7 ,administration of nationwide permit program ,in carrying out section #djd7;e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;e771 including in revising regulations pursuant to paragraph 7#b71 the ,secretary of the ,army1 acting through the ,chief of ,engineers1 may not finalize or implement any modification to-- 7,a7 general condition #ae 7relating to single and complete projects71 as included in the final rule of the ,corps of ,engineers entitled ,reissuance and ,modification of ,nationwide ,permits 7#hf ,fed4 ,reg4 #bgdd 7,january #ac1 #bjba772 7,b7 the definition of the term single and complete linear project1 as included in the final rule described in subparagraph 7,a72 or 7,c7 the definition of the term single and complete project under section #ccj4b of title #cc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7c7 ,judicial review ,section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 is amended-- 7#a7 in subsection 7t71 by striking 7t7 ,nothing in the section and inserting the following3 7u7 ,savings provision ,nothing in this section 2 and 7#b7 by inserting after subsection 7s7 the following3 7t7 ,judicial review 7#a7 ,statute of limitations ,notwithstanding any applicable provision of law-- 7,a7 an action seeking judicial review of the approval by the ,administrator of a ,state permit program pursuant to this section shall be filed not later than #fj days after the date on which the approval was issued2 7,b7 an action seeking judicial review of an individual permit or general permit issued under this section shall be filed not later than #fj days after the date on which the permit was issued2 and 7,c7 an action seeking judicial review of a verification that an activity involving the discharge of dredged or fill material is authorized by a general permit issued under this section shall be filed not later than #fj days after the date on which the verification was issued4 7#b7 ,limitation on commencement of certain actions ,notwithstanding any other provision of law1 no action described in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 may be commenced unless the action-- 7,a7 is filed by a party that submitted a comment-- 7i7 during the public comment period for the administrative proceedings related to the action2 and 7ii7 which was sufficiently detailed to put the ,administrator1 the ,secretary1 or the ,state1 as applicable1 on notice of the issue on which the party seeks judicial review2 and 7,b7 is related to that comment4 7#c7 ,jurisdiction 7,a7 ,in general ,unless otherwise provided by law1 a civil action subject to this subsection shall be filed in a court of appeals of the ,united ,states for-- 7i7 the judicial circuit in which1 as applicable-- 7,i7 the applicant for the applicable permit is located or has its principal place of business2 or 7,,ii7 the person seeking the applicable verification is located or has its principal place of business2 7ii7 the judicial circuit for the ,state1 as applicable-- 7,i7 for which the approval for a ,state permit program pursuant to this section was sought2 or 7,,ii7 in which-- 7aa7 the activity for which the permit was sought would be carried out2 or 7bb7 the activity for which the verification was sought would be carried out2 or 7iii7 the ,district of ,columbia ,circuit4 7,b7 ,original and exclusive jurisdiction ,a court of appeals described in subparagraph 7,a7 shall have original and exclusive jurisdiction over the applicable civil action4 7,c7 ,standing ,notwithstanding any other provision of law1 no court shall have jurisdiction to review a civil action subject to this subsection unless the civil action is filed-- 7i7 not later than #fj days after the date on which the challenged action was finalized2 and 7ii7 by-- 7,i7 the applicant2 or 7,,ii7 a person who has suffered1 or likely and imminently will suffer1 direct and irreparable economic harm from the approval1 permit1 or verification1 subject to the condition that an organization or association shall satisfy the requirement of this clause only if each member of the organization or association satisfies the requirement4 7#d7 ,standard of review ,in reviewing the denial of a permit under this section1 a court shall find the denial unlawful unless the court finds1 based on clear and convincing evidence1 that-- 7,a7 the ,secretary has demonstrated that no condition on the permit would achieve compliance with the applicable provisions of section #cja1 #cjb1 #cjc1 #cjf1 or #cjg2 and 7,b7 the ,secretary considered specific alternative conditions1 including alternatives offered by the applicant1 and determined that those alternative conditions would not achieve compliance with this section4 7#e7 ,nonapplicant challenges ,if a party other than the applicant brings a civil action subject to this subsection seeking review of a permit under this section1 the nonapplicant party shall demonstrate1 with clear and convincing evidence1 that1 as applicable1 the approval of the ,state permit program1 the project for which the permit was granted1 or the project for which verification was provided fails to achieve compliance with this section4 7#f7 ,remedies 7,a7 ,actions relating to permit programs ,if a court determines that the ,administrator1 in issuing the approval of a ,state permit program under this section1 did not comply with this section-- 7i7 the court shall remand the matter to the ,administrator for further proceedings consistent with the determination of the court2 and 7ii7 the court may not vacate1 revoke1 enjoin1 or otherwise limit the authority of the ,state to issue permits under that ,state permit program4 7,b7 ,actions relating to permits ,if a court determines that the ,secretary or a ,state1 as applicable1 did not comply with the requirements of this section in issuing an individual or general permit under this section1 or in verifying that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section1 as applicable-- 7i7 the court shall remand the matter to the ,secretary or the ,state1 as applicable1 for further proceedings consistent with the determination of the court2 7ii7 with respect to a determination regarding the issuance of an individual or general permit under this section-- 7,i7 the court may not vacate1 revoke1 enjoin1 or otherwise limit the permit unless the court finds that activities authorized under the permit would present an imminent and substantial danger to human health or the environment for which there is no other equitable remedy available under the law2 and 7,,ii7 any injunction or other limitation ordered pursuant to subclause 7,i7-- 7aa7 shall be narrowly tailored to the specific crossing1 discharge1 segment1 or activity found to present an imminent and substantial danger2 and 7bb7 may not extend to unrelated crossings1 spreads1 or project segments that are independently authorized and not the source of the alleged harm2 and 7iii7 with respect to a determination regarding a verification that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section1 the court may not enjoin or otherwise limit the discharge unless the court finds that activities authorized under the permit would present an imminent and substantial danger to human health or the environment for which there is no other equitable remedy available under the law4 7#g7 ,timeline to act on court order ,if a court remands a matter under paragraph 7#f71 the court shall set and enforce a reasonable schedule and deadline1 which may not exceed #ahj days from the date on which the court remands the matter except as otherwise required by law1 for the ,administrator1 the ,secretary1 or a ,state1 as applicable1 to take such actions as the court may order4 4 #f4 ,hardrock mining mill sites 7a7 ,multiple mill sites ,section #bccg of the ,revised ,statutes 7#cj ,u4,s4,c4 #db7 is amended by adding at the end the following3 7c7 ,additional mill sites 7#a7 ,definitions ,in this subsection3 7,a7 ,mill site ,the term mill site means a location of public land that is reasonably necessary for waste rock or tailings disposal or other operations reasonably incident to mineral development on1 or production from land included in a plan of operations4 7,b7 ,operations2 ,operator ,the terms operations and operator have the meanings given those terms in section #chji4e of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection74 7,c7 ,plan of operations ,the term plan of operations means a plan of operations that an operator must submit and the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 must approve before an operator may begin operations1 in accordance with1 as applicable-- 7i7 subpart #chji of title #dc1 ,code of ,federal ,regulations 7or successor regulations establishing application and approval requirements72 and 7ii7 part #bbh of title #cf1 ,code of ,federal ,regulations 7or successor regulations establishing application and approval requirements74 7,d7 ,public land ,the term public land means land owned by the ,united ,states that is open to location under sections #bcai through #bcdd of the ,revised ,statutes 7#cj ,u4,s4,c4 #bb et seq471 including-- 7i7 land that is mineral-in-character 7as defined in section #chcj4e of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection772 7ii7 nonmineral land 7as defined in section #chcj4e of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection772 and 7iii7 land where the mineral character has not been determined4 7#b7 ,in general ,notwithstanding subsections 7a7 and 7b71 where public land is needed by the proprietor of a lode or placer claim for operations in connection with any lode or placer claim within the proposed plan of operations1 the proprietor may-- 7,a7 locate and include within the plan of operations as many mill site claims under this subsection as are reasonably necessary for its operations2 and 7,b7 use or occupy public land in accordance with an approved plan of operations4 7#c7 ,mill sites convey no mineral rights ,a mill site under this subsection does not convey mineral rights to the locator4 7#d7 ,size of mill sites ,a location of a single mill site under this subsection shall not exceed #e acres4 7#e7 ,mill site and lode or placer claims on same tracts of public land ,a mill site may be located under this subsection on a tract of public land on which the claimant or operator maintains a previously located lode or placer claim4 7#f7 ,effect on mining claims ,the location of a mill site under this subsection shall not affect the validity of any lode or placer claim1 or any rights associated with such a claim4 7#g7 ,patenting ,a mill site under this section shall not be eligible for patenting4 7#h7 ,savings provisions ,nothing in this subsection-- 7,a7 diminishes any right 7including a right of entry1 use1 or occupancy7 of a claimant2 7,b7 creates or increases any right 7including a right of exploration1 entry1 use1 or occupancy7 of a claimant on land that is not open to location under the general mining laws2 7,c7 modifies any provision of law or any prior administrative action withdrawing land from location or entry2 7,d7 limits the right of the ,federal ,government to regulate mining and mining-related activities 7including requiring claim validity examinations to establish the discovery of a valuable mineral deposit7 in areas withdrawn from mining1 including under-- 7i7 the general mining laws2 7ii7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7iii7 the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq472 7iv7 sections #ajjgca through #ajjgcg of title #ed1 ,united ,states ,code2 7v7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7vi7 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7commonly referred to as the #8,national ,historic ,preservation ,act'72 or 7vii7 section #d of the ,act of ,july #bc1 #aiee 7commonly known as the ,surface ,resources ,act of #aiee7 7#fi ,stat4 #cfh1 chapter #cge2 #cj ,u4,s4,c4 #fab72 7,e7 restores any right 7including a right of entry1 use1 or occupancy1 or right to conduct operations7 of a claimant that-- 7i7 existed prior to the date on which the land was closed to1 or withdrawn from1 location under the general mining laws2 and 7ii7 that has been extinguished by such closure or withdrawal2 or 7,f7 modifies section #djd of division ,e of the ,consolidated ,appropriations ,act1 #bjbd 7,public ,law #aah-db74 4 7b7 ,abandoned hardrock mine fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a separate account1 to be known as the ,abandoned ,hardrock ,mine ,fund 7referred to in this subsection as the ,fund74 7#b7 ,source of deposits ,any amounts collected by the ,secretary of the ,interior pursuant to the claim maintenance fee under section #ajaja7;a77#a7 of the ,omnibus ,budget ,reconciliation ,act of #aiic 7#cj ,u4,s4,c4 #bh;f7a77#a77 on mill sites located under subsection 7c7 of section #bccg of the ,revised ,statutes 7#cj ,u4,s4,c4 #db7 shall be deposited into the ,fund4 7#c7 ,use ,the ,secretary of the ,interior may make expenditures from amounts available in the ,fund1 without further appropriations1 only to carry out section #djgjd of the ,infrastructure ,investment and ,jobs ,act 7#cj ,u4,s4,c4 #abde74 7#d7 ,allocation of funds ,amounts made available under paragraph 7#c7-- 7,a7 shall be allocated in accordance with section #djgjd7;e77#a7 of the ,infrastructure ,investment and ,jobs ,act 7#cj ,u4,s4,c4 #abde7;e77#a772 and 7,b7 may be transferred in accordance with section #djgjd7;e77#b7 of that ,act 7#cj ,u4,s4,c4 #abde7;e77#b774 7c7 ,clerical amendments ,section #ajaja of the ,omnibus ,budget ,reconciliation ,act of #aiic 7#cj ,u4,s4,c4 #bh;f7 is amended-- 7#a7 by striking the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh-bh;e7 each place it appears and inserting sections #bcai through #bcdd of the ,revised ,statutes 7#cj ,u4,s4,c4 #bb et seq472 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in the second sentence1 by striking ,such claim maintenance fee and inserting the following3 7,b7 ,fee ,the claim maintenance fee under subparagraph 7,a7 2 and 7ii7 in the first sentence1 by striking ,the holder of and inserting the following3 7,a7 ,in general ,the holder of 2 and 7,b7 in paragraph 7#b7-- 7i7 in the second sentence-- 7,i7 by striking the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 #bh to #bh;e7 and inserting sections #bcai through #bcdd of the ,revised ,statutes 7#cj ,u4,s4,c4 #bb et seq472 and 7,,ii7 by striking ,such claim maintenance fee and inserting the following3 7,b7 ,fee ,the claim maintenance fee under subparagraph 7,a7 2 and 7ii7 in the first sentence1 by striking ,the holder of and inserting the following3 7,a7 ,in general ,the holder of 2 and 7#c7 in subsection 7b7-- 7,a7 in the second sentence1 by striking ,the location fee and inserting the following3 7#b7 ,fee ,the location fee 2 and 7,b7 in the first sentence1 by striking ,the claim main tenance fee and inserting the following3 7#a7 ,in general ,the claim maintenance fee 4 #g4 ,amendments to ,,nepa 7a7 ,purposes ,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 ,purposes 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 2 scope of review after level of review2 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 statute1 ordinance1 resolution1 regulation1 or formally adopted policy2 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 preparing 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 ,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 land 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 7e7 ,effect of threshold determinations on other agencies ,if a lead agency determines that an environmental document is not required to be prepared with respect to a proposed agency action under subsection 7a71 no other ,federal agency may prepare an environmental document with respect to the 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 accordance with the deadlines described 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 in the first sentence1 by inserting 7including counties1 boroughs1 parishes1 and other political subdivisions of a ,state7 after local agency2 and 7ii7 by adding at the end the following3 ,such comments from ,federal cooperating agencies shall be limited to matters relating to the proposed agency action with respect to which the ,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 ,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 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 the period at the end and inserting 1 which shall1 where applicable1 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 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 request1 in writing1 any additional information that the agency needs-- 7,i7 to determine that the application is complete2 and 7,,ii7 to begin preparation of an environmental document4 7,b7 ,agency determination 7i7 ,complete determination ,if an agency determines that 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-- 7aa7 the proposed agency action is excluded pursuant to #a of the agency's categorical exclusions2 7bb7 the proposed agency action is not a major ,federal action2 or 7cc7 no further agency action is required2 7,,ii7 issue a notice of intent to prepare an environmental impact statement for the 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 an 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 the date on which 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 agency to become a cooperating agency4 7,b7 ,deadline to accept invitation ,not later than #ba days after the date on which an agency receives an invitation to become a cooperating agency under subparagraph 7,a77ii71 the 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 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 ,if 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 the date on which the lead agency becomes 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 the agency accepts the invitation4 2 7,c7 in paragraph 7#c7 7as so redesignated7-- 7i7 in the paragraph heading1 by striking ,in general and inserting ,review timeline2 and 7ii7 in the matter preceding subparagraph 7,a71 by striking paragraph 7#b7 and inserting paragraph 7#e72 7,d7 by inserting after paragraph 7#c7 7as so redesignated7 the following3 7#d7 ,deadline for final agency action 7,a7 ,in general ,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 7,b7 ,performance schedule ,the agency issuing the final agency action under subparagraph 7,a7 shall include1 in the final agency action1 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 in subparagraph 7,a71 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 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 in the matter preceding paragraph 7#a71 by striking ,when an agency prepares and inserting the following3 7a7 ,programmatic environmental documents ,when an agency prepares 2' 7#b7 in subsection 7a7 7as so designated7-- 7,a7 in paragraph 7#a71 by striking #e and inserting #aj2 and 7,b7 in paragraph 7#b71 by striking #e and inserting #aj2 and 7#c7 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 7,a7 ,in general ,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 7,b7 ,public availability ,the lead agency shall make any environmental assessment or environmental impact statement modified under subparagraph 7,a7 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-- 7#a7 in the matter preceding paragraph 7#a71 in the first sentence1 by inserting 1 or that was legislatively enacted by ,congress1 after procedures2 7#b7 in paragraph 7#a71 by inserting 1 or that was established by ,congress1 after procedures2 and 7#c7 in paragraph 7#b71 by inserting if applicable1 before consult4 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#a71 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#aa71 7#ab71 and 7#ac7 as paragraphs 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#aa71 7#ab71 7#ac71 and 7#ae71 respectively1 and moving all paragraphs of the section so as to appear in numerical order2 7#c7 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 agency1 or any interagency consultation1 that is required or authorized under ,federal law in order to construct1 modify1 or operate a project4 2 7#d7 in paragraph 7#aj7-- 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 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 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 7v7 in clause 7viii7 7as so redesignated71 by striking entirely2 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 inserting after paragraph 7#ac7 7as so redesignated7 the following3 7#ad7 ,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 7h7 ,judicial review ,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 before section #aaa the following3 #aaj;,b4 ,judicial review 7a7 ,role of the court ,in reviewing a claim or petition for review 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 with respect to the environmental effects included in the final agency action or 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 that title1 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 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 entered2 and 7ii7 with respect to an order entered before the date of enactment of this section1 the date that is #ahj days after that date of enactment4 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 7#c7 ,prohibition ,no court may issue a temporary restraining order or preliminary injunction during consideration of a claim or petition for review described in subsection 7a74 7c7 ,limitations on claims and petitions for review 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 or petition for review described in subsection 7a7 shall be barred unless-- 7,a7 the claim or petition for review is filed not later than #aej days after the date on which 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 or petition for review for which there was a public comment period on an environmental document1 the claim or petition for review-- 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 review2 and 7ii7 concerns the same subject matter raised in the comment submitted during the public comment period2 7,c7 the claim or petition for review is filed by a party that has suffered or imminently will suffer direct harm from the final agency action2 and 7,d7 the claim or petition for review 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 7#c7 ,actions for use of tribal trust resources 7,a7 ,in general ,for any final agency action that authorizes or affects the use of land1 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 ,tribe1 except as provided in subparagraph 7,b71 there shall be no administrative or judicial review of the final agency action or petition for review based on a claim of failure to comply with the requirements of this ,act4 7,b7 ,limitation ,subparagraph 7,a7 shall not apply to actions for administrative or judicial review-- 7i7 brought by a 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 7d7 ,deadline for resolution 7#a7 ,in general ,a court shall issue a final judgment on a claim or petition for review 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 claim or petition for review4 7#b7 ,accelerated deadlines ,nothing in this subsection prevents a court from further expediting review of a claim or petition for review described in subsection 7a74 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 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 ,nothing in this section affects the right to obtain review under section #ajg7;g77#f74 4