HR 4776 — SPEED Act

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 NATIONAL ENVIRONMENTAL POLICY ACT OF 1969

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 purpose

 Sec. 2. [The purposes] (a) The purposes of this Act are: To 
declare a national policy which will encourage productive and 
enjoyable harmony between man and his environment; to promote 
efforts which will prevent or eliminate damage to the 
environment and biosphere and stimulate the health and welfare 
or man; to enrich the understanding of the ecological systems 
and natural resources important to the Nation; and to establish 
a Council on Environmental Quality.
 (b) This Act is a purely procedural statute intended to 
ensure Federal agencies consider the environmental impacts of 
their actions during the decisionmaking process. This Act does 
not mandate particular results, and only prescribes a process. 
Nothing in this Act shall be construed to mandate any specific 
environmental outcome or result, nor shall this Act be 
interpreted to confer substantive rights or impose substantive 
duties beyond procedural requirements.

 TITLE I--DECLARATION OF NATIONAL ENVIRONMENTAL
 POLICY

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SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW; SCOPE OF 
 REVIEW.

 (a) Threshold Determinations.--An agency is not required to 
prepare an environmental document with respect to a proposed 
agency action if--
 (1) the proposed agency action is not a final agency 
 action within the meaning of such term in chapter 5 of 
 title 5, United States Code;
 (2) the proposed agency action is excluded pursuant 
 to one of the agency's categorical exclusions, another 
 agency's categorical exclusions consistent with section 
 109 of this Act, or another provision of law;
 (3) the preparation of such document would clearly 
 and fundamentally conflict with the requirements of 
 another provision of law; [or]
 (4) the proposed agency action is a nondiscretionary 
 action with respect to which such agency does not have 
 authority to take environmental factors into 
 consideration in determining whether to take the 
 proposed [action.] action;
 (5) the agency determines the proposed agency action 
 is an action for which such agency's compliance with 
 another statute's requirements serves the function of 
 agency compliance with this Act with respect to such 
 action; or
 (6) the proposed agency action relates to a project 
 or action that has already been reviewed pursuant to a 
 State environmental review statute or a Tribal 
 environmental review statute, ordinance, resolution, 
 regulation, or formally adopted policy and the lead 
 agency determines such review serves the function of 
 agency compliance with this Act.
 (b) Levels of Review.--
 (1) Environmental impact statement.--An agency shall 
 issue an environmental impact statement with respect to 
 a proposed agency action requiring an environmental 
 document that has a reasonably foreseeable significant 
 effect on the quality of the human environment.
 (2) Environmental assessment.--An agency shall 
 prepare an environmental assessment with respect to a 
 proposed agency action that [does not] is not likely to 
 have a reasonably foreseeable significant effect on the 
 quality of the human environment, or if the 
 significance of such effect is unknown, unless the 
 agency finds that the proposed agency action is 
 excluded pursuant to one of the agency's categorical 
 exclusions, another agency's categorical exclusions 
 consistent with section 109 of this Act, or another 
 provision of law. Such environmental assessment shall 
 be a concise public document prepared by a Federal 
 agency to set forth the basis of such agency's finding 
 of no significant impact or determination that an 
 environmental impact statement is necessary.
 (3) Sources of information.--In making a 
 determination under this subsection, an agency--
 (A) may make use of any reliable data source; 
 and
 [(B) is not required to undertake new 
 scientific or technical research unless the new 
 scientific or technical research is essential 
 to a reasoned choice among alternatives, and 
 the overall costs and time frame of obtaining 
 it are not unreasonable.]
 (B) is not required to--
 (i) undertake new scientific or 
 technical research unless the new 
 scientific or technical research is 
 essential to a reasoned choice among 
 alternatives, and the overall costs and 
 time frame of obtaining it are not 
 unreasonable; or
 (ii) undertake new scientific or 
 technical research after the receipt of 
 an application, as applicable, with 
 respect to a proposed agency action.
 (c) Scope of Review.--In preparing an environmental document 
for a proposed agency action, a Federal agency--
 (1) may consider only those effects that share a 
 reasonably close causal relationship to, and are 
 proximately caused by, the immediate project or action 
 under consideration; and
 (2) may not consider effects that are speculative, 
 attenuated from the project or action, separate in time 
 or place from the project or action, or in relation to 
 separate existing or potential future projects or 
 actions.
 (d) Certainty.--
 (1) Environmental documents.--A Federal agency may 
 not rescind, withdraw, amend, alter, or otherwise 
 render ineffective any environmental document completed 
 under this Act for a project or action where there is 
 an applicant unless the Federal agency has been so 
 ordered by a court or the applicant has agreed in 
 writing to such rescission, withdrawal, amendment, or 
 alteration.
 (2) Authorizations.--
 (A) In general.--Except as provided in this 
 subsection or existing law, a Federal agency 
 may not revoke, rescind, withdraw, terminate, 
 suspend, amend, alter, or take any other action 
 to interfere with an authorization unless--
 (i) the Federal agency is required to 
 take such action by order of a court of 
 competent jurisdiction;
 (ii) the holder of the authorization 
 has materially breached the terms of 
 the authorization, or otherwise 
 violated applicable law;
 (iii) the authorization was obtained 
 through fraud, intentional concealment, 
 or material misrepresentation;
 (iv) such action is necessary to 
 prevent specific, immediate, 
 substantial, and proximate harm or 
 damage to life, property, national 
 security, or defense that was not 
 considered in the underlying 
 environmental review process or final 
 agency action for the authorization; or
 (v) the Federal agency has received a 
 request from the holder of the 
 authorization or project sponsor to 
 take such action.
 (B) Requirement.--The actions described in 
 subparagraph (A) shall be, as appropriate and 
 where feasible, supported by clear and 
 convincing evidence and reasonably limited in 
 duration and scope by the agency to address the 
 specific issue such action is intended to 
 address.
 (C) Notice.--Before an agency takes an action 
 described in subparagraph (A), the agency shall 
 notify the holder of the authorization and the 
 project sponsor in writing of such action, 
 including by providing a detailed explanation 
 of the action, identifying the statutory 
 authority relied upon for the action, and 
 providing the evidence supporting the action.
 (D) Judicial review.--
 (i) In general.--An action described 
 in subparagraph (A) shall be subject to 
 judicial review under chapter 7 of 
 title 5, United States Code.
 (ii) Venue.--A person seeking 
 judicial review of an action described 
 in subparagraph (A) may only obtain 
 review of such action in the United 
 States court of appeals for any circuit 
 wherein the project for which the 
 authorization was issued is located.
 (iii) Petitions by federal 
 agencies.--No Federal agency may 
 petition a court for vacatur or 
 voluntary remand of an authorization 
 unless the holder of the authorization 
 or the project sponsor consents in 
 writing to such a petition.
 (E) Savings clause.--Nothing in subparagraph 
 (A) shall be construed to provide any Federal 
 agency new, enhanced, or expanded authority, or 
 to limit any existing authority, concerning any 
 authorization.
 (e) Presumption of Negative Impacts of Taking No Action 
Relating to Tribal Trust Resources.--For any proposed agency 
action carried out on, or directly affecting, tribal trust 
resources (including lands and minerals) that is initiated by 
the federally recognized Indian Tribe for which the United 
States holds the affected resources in trust, and for which an 
environmental document was prepared that included consideration 
of a no action alternative, there shall be a presumption that 
the effects of taking no action will be negative for the 
federally recognized Indian Tribe.
 (f) Effect of Threshold Determinations on Other Agencies.--If 
a lead agency determines an environmental document is not 
required to be prepared with respect to a proposed agency 
action under subsection (a), another agency may not prepare an 
environmental document with respect to such proposed agency 
action.

SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS.

 (a) Lead Agency.--
 (1) Designation.--
 (A) In general.--If there are two or more 
 participating Federal agencies, such agencies 
 shall determine, by letter or memorandum, which 
 agency shall be the lead agency based on 
 consideration of the--
 (i) magnitude of agency's 
 involvement;
 (ii) project approval or disapproval 
 authority;
 (iii) expertise concerning the 
 action's environmental effects;
 (iv) duration of agency's 
 involvement; and
 (v) sequence of agency's involvement.
 (B) Joint lead agencies.--In making a 
 determination under subparagraph (A), the 
 participating Federal agencies may appoint such 
 State, Tribal, or local agencies as joint lead 
 agencies as the involved Federal agencies shall 
 determine appropriate. Joint lead agencies 
 shall jointly fulfill the role described in 
 paragraph (2).
 (2) Role.--A lead agency shall, with respect to a 
 proposed agency action--
 (A) supervise the preparation of an 
 environmental document if, with respect to such 
 proposed agency action, there is more than one 
 participating Federal agency;
 (B) request the participation of each 
 cooperating agency [at the earliest practicable 
 time] in accordance with subsection (g)(2);
 (C) in preparing an environmental document, 
 give consideration to any analysis or proposal 
 created by a cooperating agency;
 (D) develop a schedule, in consultation with 
 each cooperating agency, the applicant, and 
 such other entities as the lead agency 
 determines appropriate, for completion of any 
 environmental review, permit, or authorization 
 required to [carry out the proposed agency 
 action] carry out the proposed agency action in 
 compliance with the deadlines outlined in 
 subsection (g);
 (E) if the lead agency determines that [a 
 review] an environmental review, permit, or 
 authorization will not be completed in 
 accordance with the schedule developed under 
 subparagraph (D), notify the agency responsible 
 for issuing [such review] such environmental 
 review, permit, or authorization of the 
 discrepancy and request that such agency take 
 such measures as such agency determines 
 appropriate to comply with such schedule; and
 (F) meet with a cooperating agency that 
 requests such a meeting.
 (3) Cooperating agency.--The lead agency may, with 
 respect to a proposed agency action, designate any 
 Federal, State, Tribal, or local agency (including 
 counties, boroughs, parishes, and other political 
 subdivisions of a State) that has jurisdiction by law 
 or special expertise with respect to any environmental 
 impact involved in a proposal to serve as a cooperating 
 agency. A cooperating agency may, not later than a date 
 specified in the schedule established by the lead 
 agency, submit comments to the lead agency. Such 
 comments from Federal cooperating agencies shall be 
 limited to matters relating to the proposed agency 
 action with respect to which such Federal cooperating 
 agency has jurisdiction by law.
 (4) Request for designation.--Any Federal, State, 
 Tribal, or local agency or person that is substantially 
 affected by the lack of a designation of a lead agency 
 with respect to a proposed agency action under 
 paragraph (1) may submit a written request for such a 
 designation to a participating Federal agency. An 
 agency that receives a request under this paragraph 
 shall transmit such request to each participating 
 Federal agency and to the Council.
 (5) Council designation.--
 (A) Request.--If the participating Federal 
 agencies are unable to agree on the designation 
 of a lead agency within 45 days of the request 
 under paragraph (4), then the Federal, State, 
 Tribal or local agency or person that is 
 substantially affected by the lack or a 
 designation of a lead agency may request that 
 the Council designate a lead agency. Such 
 request shall consist of--
 (i) a precise description of the 
 nature and extent of the proposed 
 agency action; and
 (ii) a detailed statement with 
 respect to each participating Federal 
 agency and each factor listed in 
 paragraph (1) regarding which agency 
 should serve as lead agency.
 (B) Transmission.--The Council shall transmit 
 a request received under subparagraph (A) to 
 each participating Federal agency.
 (C) Response.--A participating Federal agency 
 may, not later than 20 days after the date of 
 the submission of a request under subparagraph 
 (A), submit to the Council a response to such 
 request.
 (D) Designation.--Not later than 40 days 
 after the date of the submission of a request 
 under subparagraph (A), the Council shall 
 designate the lead agency with respect to the 
 relevant proposed agency action.
 (b) One Document.--[To the extent practicable,]
 (1) Document._To the extent practicable, if a 
 proposed agency action will require action by more than 
 one Federal agency and the lead agency has determined 
 that it requires preparation of an environmental 
 document, the lead and cooperating agencies shall 
 evaluate the proposal in a single environmental 
 document.
 (2) Consideration timing.--
 (A) In general.--In preparing an 
 environmental document for a proposed agency 
 action, no Federal agency shall be required to 
 consider any scientific or technical research 
 that becomes publicly available after the 
 earlier of, as applicable--
 (i) the date of receipt of an 
 application with respect to such 
 proposed agency action; and
 (ii) the date of publication of a 
 notice of intent or decision to prepare 
 such environmental document for such 
 proposed agency action.
 (B) Applicability to other law.--This 
 paragraph does not affect any review of 
 information required under subchapter II of 
 chapter 5 of title 5, United States Code, with 
 respect to comments received during the public 
 comment period as applicable.
 (C) Delay.--A Federal agency may not delay 
 the issuance of an environmental document or a 
 final agency action, including any decision or 
 determination, 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 (A).
 (c) Request for Public Comment.--Each notice of intent to 
prepare an environmental impact statement under section 102 
shall include a request for public comment on alternatives or 
impacts and on relevant information, studies, or analyses with 
respect to the proposed agency action.
 (d) Statement of Purpose and Need.--Each environmental 
document shall include a statement of purpose and need that 
briefly summarizes the underlying purpose and need for the 
proposed agency [action.] action. Where applicable, the 
statement of purpose and need shall meet the goals of the 
applicant.
 (e) Page Limits.--
 (1) Environmental impact statements.--
 (A) In general.--Except as provided in 
 subparagraph (B), an environmental impact 
 statement shall not exceed 150 pages, not 
 including any citations or appendices.
 (B) Extraordinary complexity.--An 
 environmental impact statement for a proposed 
 agency action of extraordinary complexity shall 
 not exceed 300 pages, not including any 
 citations or appendices.
 (2) Environmental assessments.--An environmental 
 assessment shall not exceed 75 pages, not including any 
 citations or appendices.
 (f) Sponsor Preparation.--A lead agency shall prescribe 
procedures to allow a project sponsor to prepare an 
environmental assessment or an environmental impact statement 
under the supervision of the agency. Such agency may provide 
such sponsor with appropriate guidance and assist in the 
preparation. The lead agency shall independently evaluate the 
environmental document and shall take responsibility for the 
contents.
 (g) Deadlines.--
 (1) Applications for authorizations.--
 (A) Notification of complete or incomplete 
 application.--Unless a shorter deadline is 
 specified by law, in connection with a proposed 
 agency action for which an applicant submitted 
 an application for an authorization to an 
 agency, not later than 60 days after the date 
 on which the applicant submits the application 
 to the agency, the agency shall document the 
 receipt of the application and--
 (i) notify the applicant that the 
 application is complete; or
 (ii) notify the applicant that the 
 application is incomplete and request 
 in writing any additional information 
 that the agency needs to determine that 
 the application is complete and begin 
 preparation of an environmental 
 document.
 (B) Agency determination.--
 (i) Complete determination.--If an 
 agency determines an application is 
 complete under subparagraph (A)(i), the 
 agency shall, not later than 60 days 
 after the date on which the agency 
 makes such determination--
 (I) notify the applicant that 
 the agency has determined that 
 the proposed agency action is 
 excluded pursuant to one of the 
 agency's categorical 
 exclusions, is not a major 
 Federal action, or that no 
 further agency action is 
 required;
 (II) issue a notice of intent 
 to prepare an environmental 
 impact statement for such 
 proposed agency action; or
 (III) notify the applicant 
 that the agency has determined 
 that preparation of an 
 environmental assessment is 
 necessary.
 (ii) Incomplete determination.--If 
 the agency requests additional 
 information under subparagraph (A)(ii), 
 the deadline described in clause (i) 
 shall be based on the date on which the 
 agency receives the additional 
 information instead of the date on 
 which the determination is made.
 (2) Cooperating agencies.--
 (A) In general.--Not later than 21 days after 
 a lead agency issues a notice of intent under 
 paragraph (1)(B)(i)(II) or notifies an 
 applicant under paragraph (1)(B)(i)(III) with 
 respect to a proposed agency action, the lead 
 agency shall--
 (i) identify all agencies that are 
 likely to have environmental review, 
 authorization, or other 
 responsibilities with respect to the 
 proposed agency action; and
 (ii) invite each such agency to 
 become a cooperating agency.
 (B) Deadline to accept invitation.--Not later 
 than 21 days after an agency receives an 
 invitation to become a cooperating agency under 
 subparagraph (A)(ii), such agency shall accept 
 or deny the invitation.
 (C) Convening of cooperating agencies.--Not 
 later than 7 days after the deadline described 
 in subparagraph (B) has passed for each agency 
 that received an invitation to become a 
 cooperating agency under subparagraph (A)(ii), 
 the lead agency that sent each such invitation 
 shall convene each agency that accepts such an 
 invitation to coordinate on developing the 
 schedule under subsection (a)(2)(D) for the 
 applicable proposed agency action.
 (D) Unidentified agencies.--In the event that 
 an agency that has jurisdiction by law or 
 special expertise with respect to any 
 environmental impact involved in a proposed 
 agency action is not identified under 
 subparagraph (A)(i), the lead agency with 
 respect to the proposed agency action shall--
 (i) invite such unidentified agency 
 to become a cooperating agency by not 
 later than 7 days after becoming aware 
 that the agency has jurisdiction by law 
 or special expertise; and
 (ii) if such agency accepts the 
 invitation, incorporate such agency 
 into the schedule developed under 
 subsection (a)(2)(D) and update such 
 schedule accordingly by not later than 
 14 days after the date on which such 
 agency accepts the invitation.
 [(1) In general.--] (3) Review timeline._ ._Except as 
 provided in paragraph [(2)] (5), with respect to a 
 proposed agency action, a lead agency shall complete, 
 as applicable--
 (A) the environmental impact statement not 
 later than the date that is 2 years after the 
 sooner of, as applicable--
 (i) the date on which such agency 
 determines that section 102(2)(C) 
 requires the issuance of an 
 environmental impact statement with 
 respect to such action;
 (ii) the date on which such agency 
 notifies the applicant that the 
 application to establish a right-of-way 
 for such action is complete; and
 (iii) the date on which such agency 
 issues a notice of intent to prepare 
 the environmental impact statement for 
 such action; and
 (B) the environmental assessment not later 
 than the date that is 1 year after the sooner 
 of, as applicable--
 (i) the date on which such agency 
 determines that section 106(b)(2) 
 requires the preparation of an 
 environmental assessment with respect 
 to such action;
 (ii) the date on which such agency 
 notifies the applicant that the 
 application to establish a right-of-way 
 for such action is complete; and
 (iii) the date on which such agency 
 issues a notice of intent to prepare 
 the environmental assessment for such 
 action.
 (4) Deadline for final agency action.--For any 
 proposed agency action for which an applicant submitted 
 an application for an authorization to an agency, not 
 later than 30 days after completing an environmental 
 impact statement or an environmental assessment for the 
 proposed agency action, the lead agency, and any 
 cooperating agency, shall issue a final agency action. 
 The agency issuing such final agency action shall 
 include in the final agency action a performance 
 schedule for the completion of any other outstanding 
 authorizations.
 [(2)] (5) Delay.--A lead agency that determines it is 
 not able to meet [the deadline described in paragraph 
 (1)] a deadline described in this subsection may extend 
 such deadline[, in consultation with the applicant, to] 
 if the applicant approves such extension. If the 
 applicant approves such extension, the lead agency 
 shall establish a new deadline that provides only so 
 much additional time as is necessary to complete such 
 environmental impact statement or environmental 
 assessment.
 [(3)] (6) Petition to court.--
 (A) Right to petition.--[A project sponsor 
 may] Except as provided in subparagraph (C), a 
 project sponsor may obtain a review of an 
 alleged failure by an agency to act in 
 accordance with an applicable deadline under 
 this section by filing a written petition with 
 a court of competent jurisdiction seeking an 
 order under subparagraph (B).
 (B) Court order.--If a court of competent 
 jurisdiction finds that an agency has failed to 
 act in accordance with an applicable deadline, 
 the court shall set a schedule and deadline for 
 the agency to act as soon as practicable, which 
 shall not exceed 90 days from the date on which 
 the order of the court is issued, unless the 
 court determines a longer time period is 
 necessary to comply with applicable law.
 (C) Exception.--A project sponsor that 
 approved an extension of a deadline under 
 paragraph (5) may not obtain judicial review of 
 a failure to act in accordance with such 
 deadline under subparagraph (A) unless the lead 
 agency fails to meet the new deadline or is 
 delaying for reasons other than those necessary 
 to complete its review.
 (7) Concurrent review.--In carrying out an 
 environmental review, the lead agency and each 
 cooperating agency shall carry out the obligations of 
 that agency under other applicable laws concurrently, 
 and in conjunction, with other required reviews for the 
 proposed agency action, pursuant to the requirements of 
 applicable law, including, if applicable, under this 
 Act.
 (h) Report.--
 (1) In general.--The head of each lead agency shall 
 annually submit to the Committee on Natural Resources 
 of the House of Representatives and the Committee on 
 Environment and Public Works of the Senate a report 
 that--
 (A) identifies any environmental assessment 
 and environmental impact statement that such 
 lead agency did not complete by the deadline 
 described in subsection (g); and
 (B) provides an explanation for any failure 
 to meet such deadline.
 (2) Inclusions.--Each report submitted under 
 paragraph (1) shall identify, as applicable--
 (A) the office, bureau, division, unit, or 
 other entity within the Federal agency 
 responsible for each such environmental 
 assessment and environmental impact statement;
 (B) the date on which--
 (i) such lead agency notified the 
 applicant that the application to 
 establish a right-of-way for the major 
 Federal action is complete;
 (ii) such lead agency began the 
 scoping for the major Federal action; 
 or
 (iii) such lead agency issued a 
 notice of intent to prepare the 
 environmental assessment or 
 environmental impact statement for the 
 major Federal action; and
 (C) when such environmental assessment and 
 environmental impact statement is expected to 
 be complete.

SEC. 108. PROGRAMMATIC ENVIRONMENTAL DOCUMENT.

 [When an agency prepares] (a) Programmatic Environmental 
Documents._When an agency prepares a programmatic 
environmental document for which judicial review was available, 
the agency may rely on the analysis included in the 
programmatic environmental document in a subsequent 
environmental document for related actions as follows:
 (1) Within [5] 10 years and without additional review 
 of the analysis in the programmatic environmental 
 document, unless there are substantial new 
 circumstances or information about the significance of 
 adverse effects that bear on the analysis.
 (2) After [5] 10 years, so long as the agency 
 reevaluates the analysis in the programmatic 
 environmental document and any underlying assumption to 
 ensure reliance on the analysis remains valid.
 (b) Reliance on Previously Completed Environmental Reviews.--
 (1) 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 assessment, environmental impact 
 statement, or a categorical exclusion determination 
 that the lead agency, another Federal agency, or a 
 project sponsor under the supervision of a Federal 
 agency completed for another major Federal action if 
 the lead agency determines that--
 (A) the new major Federal action is 
 substantially the same as the other major 
 Federal action or, if applicable, an 
 alternative analyzed in such environmental 
 assessment or environmental impact statement; 
 and
 (B) if applicable, the effects of the new 
 major Federal action are substantially the same 
 as the effects analyzed in such environmental 
 assessment or environmental impact statement.
 (2) Actions that are not substantially the same.--If 
 a new major Federal action is not substantially the 
 same as another major Federal action or an alternative 
 analyzed in an environmental assessment or 
 environmental impact statement completed by the lead 
 agency, another Federal agency, or a project sponsor 
 under the supervision of a Federal agency, 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 action. The lead agency shall make such 
 modified environmental assessment or environmental 
 impact statement publicly available as a new 
 environmental assessment or environmental impact 
 statement.

SEC. 109. ADOPTION OF CATEGORICAL EXCLUSIONS.

 An agency may adopt a categorical exclusion listed in another 
agency's NEPA procedures, or that was legislatively enacted by 
Congress, for a category of proposed agency actions for which 
the categorical exclusion was established consistent with this 
paragraph. The agency shall--
 (1) identify the categorical exclusion listed in 
 another agency's NEPA procedures that covers a category 
 of proposed actions or related actions;
 (2) consult with the agency that established the 
 categorical exclusion to ensure that the proposed 
 adoption of the categorical exclusion to a category of 
 actions is appropriate;
 (3) identify to the public the categorical exclusion 
 that the agency plans to use for its proposed actions; 
 and
 (4) document adoption of the categorical exclusion.

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SEC. [112.] 110A. PROJECT SPONSOR OPT-IN FEES FOR ENVIRONMENTAL 
 REVIEWS.

 (a) Process.--
 (1) Project sponsor.--A project sponsor that intends 
 to pay a fee under this section for the preparation, or 
 supervision of the preparation, of an environmental 
 assessment or environmental impact statement for a 
 project shall submit to the Council--
 (A) a description of the project; and
 (B) a declaration of whether the project 
 sponsor intends to prepare the environmental 
 assessment or environmental impact statement 
 under section 107(f).
 (2) Council on environmental quality.--Not later than 
 15 days after the date on which the Council receives 
 information described in paragraph (1) from a project 
 sponsor, the Council shall provide to the project 
 sponsor notice of the amount of the fee to be paid 
 under this section, as determined under subsection (b).
 (3) Payment of fee.--A project sponsor may pay a fee 
 under this section after receipt of the notice 
 described in paragraph (2).
 (4) Deadline for environmental reviews for which a 
 fee is paid.--Notwithstanding section 107(g)(1)--
 (A) an environmental assessment for which a 
 fee is paid under this section shall be 
 completed not later than 180 days after the 
 date on which the fee is paid; and
 (B) an environmental impact statement for 
 which a fee is paid under this section shall be 
 completed not later than 1 year after the date 
 of publication of the notice of intent to 
 prepare the environmental impact statement.
 (b) Fee Amount.--The amount of a fee under this section shall 
be--
 (1) 125 percent of the anticipated costs to prepare 
 the environmental assessment or environmental impact 
 statement; and
 (2) in the case of an environmental assessment or 
 environmental impact statement to be prepared in whole 
 or in part by a project sponsor under section 107(f), 
 125 percent of the anticipated costs to supervise 
 preparation of, and, as applicable, prepare, the 
 environmental assessment or environmental impact 
 statement.

SEC. 110B. JUDICIAL REVIEW.

 (a) Role of the Court.--In reviewing a claim of whether a 
final agency action complies with the requirements of this Act, 
a court--
 (1) shall afford substantial deference to the agency; 
 and
 (2) may not substitute its judgment for that of the 
 agency regarding the environmental effects included in 
 the final agency action or included in the 
 environmental document.
 (b) Remand.--
 (1) In general.--If a court holds, under section 
 706(2)(A) of title 5, United States Code, that a final 
 agency action does not comply with the requirements of 
 this Act, the only remedy the court may order, 
 notwithstanding chapter 7 of title 5, United States 
 Code, is to remand, without vacatur or injunction, the 
 final agency action to the agency with--
 (A) specific instruction to correct the 
 errors or deficiencies found by the court; and
 (B) a reasonable schedule and deadline to 
 correct such errors or deficiencies, which such 
 deadline may not exceed--
 (i) with regard to an order entered 
 on or after the date of enactment of 
 this section, the date that is 180 days 
 after the date on which the order was 
 entered; and
 (ii) with regard to an order entered 
 before the date of enactment of this 
 section, the date that is 180 days 
 after the date of enactment of this 
 section.
 (2) Continued effect of final agency action.--A final 
 agency action remanded under paragraph (1) shall remain 
 in effect while the Federal agency corrects any errors 
 or deficiencies found by the court.
 (c) Limitations on Claims.--
 (1) In general.--Notwithstanding any other provision 
 of law (except as provided in subparagraph (A) with 
 respect to a shorter deadline), a claim described in 
 subsection (a) shall be barred unless--
 (A) such claim is filed not later than 150 
 days after the final agency action is made 
 public, unless a shorter deadline is specified 
 under law;
 (B) in the case of a final agency action for 
 which there was a public comment period on an 
 environmental document, such claim--
 (i) is filed by a party that 
 submitted a substantive and unique 
 comment during such public comment 
 period by the noticed comment deadline 
 for the environmental document and such 
 comment was sufficiently detailed to 
 put the applicable Federal agency on 
 notice of the issue upon which the 
 party seeks review; and
 (ii) concerns the same subject matter 
 raised in the comment submitted during 
 the public comment period;
 (C) such claim is filed by a party that has 
 suffered or imminently will suffer direct harm 
 from the final agency action; and
 (D) such claim does not challenge the 
 establishment of a categorical exclusion.
 (2) Supplemental environmental documents.--If an 
 agency issues a supplemental environmental document in 
 response to a court order remanding a final agency 
 action, the deadline described in paragraph (1)(A) 
 shall be the date on which the agency makes public the 
 agency action for which the supplemental environmental 
 document is prepared. A claim for review of such final 
 agency action shall be limited to information contained 
 in the final supplemental environmental document that 
 was not contained in a previous environmental document 
 for the final agency action.
 (3) Actions for use of tribal trust resources.--For 
 any final agency action that authorizes or affects the 
 use of lands, minerals, or other resources already held 
 in trust at the time of the final agency action by the 
 United States for the benefit of a federally recognized 
 Indian Tribe--
 (A) except as provided in subparagraph (B), 
 there shall be no administrative or judicial 
 review of such final agency action based on a 
 claim of failure to comply with the 
 requirements of this Act; and
 (B) subparagraph (A) shall not apply to 
 actions for administrative or judicial review--
 (i) brought by the federally 
 recognized Indian Tribe for which the 
 United States holds the lands, 
 minerals, or other resources in trust; 
 or
 (ii) that involve reasonably 
 foreseeable effects of the final agency 
 action that occur outside the lands, 
 minerals, or other resources held in 
 trust by the United States for the 
 benefit of a federally recognized 
 Indian Tribe.
 (d) Deadline for Resolution.--
 (1) In general.--A court shall issue a final judgment 
 on a claim described in subsection (a)--
 (A) as expeditiously as practicable; and
 (B) unless a shorter deadline is specified 
 under Federal law, not later than the date that 
 is 180 days after the date on which the agency 
 record for the review is filed with the 
 reviewing court, which shall not be more than 
 60 days after the filing of the claim.
 (2) Accelerated deadlines.--Nothing in this 
 subsection may be construed to prevent a court from 
 further expediting review of a claim described in 
 subsection (a).
 (3) Appeals.--
 (A) Filing.--A notice of appeal of a final 
 judgment described in this subsection shall be 
 filed not later than 60 days after such final 
 judgment is issued. In the case of a final 
 agency action remanded under subsection (b), 
 the agency and, if applicable, the applicant, 
 shall have the right to appeal during the 
 pendency of the remand.
 (B) Deadline for review.--A court shall issue 
 a final decision on an appeal filed under 
 subparagraph (A)--
 (i) as expeditiously as practicable; 
 and
 (ii) not later than the date that is 
 180 days after the date on which the 
 appeal is filed.
 (e) No Effect on Review of Compliance With Other Deadlines.--
This section shall not affect the right to obtain review under 
section 107(g)(3).

SEC. 111. DEFINITIONS.

 In this title:
 (1) Authorization.--The term ``authorization'' means 
 any lease, right-of-way, easement, license, permit, 
 approval, finding, determination, or other 
 administrative decision issued by an agency or any 
 interagency consultation that is required or authorized 
 under Federal law in order to construct, modify, or 
 operate a project.
 [(1)] (2) Categorical exclusion.--The term 
 ``categorical exclusion'' means a category of actions 
 that a Federal agency has determined, or Congress deems 
 by statute, normally does not significantly affect the 
 quality of the human environment within the meaning of 
 section 102(2)(C).
 [(2)] (3) Cooperating agency.--The term ``cooperating 
 agency'' means any Federal, State, Tribal, or local 
 agency that has been designated as a cooperating agency 
 under section 107(a)(3).
 [(3)] (4) Council.--The term ``Council'' means the 
 Council on Environmental Quality established in title 
 II.
 [(4)] (5) Environmental assessment.--The term 
 ``environmental assessment'' means an environmental 
 assessment prepared under section 106(b)(2).
 [(5)] (6) Environmental document.--The term 
 ``environmental document'' means an environmental 
 impact statement, an environmental assessment, or a 
 finding of no significant impact.
 [(6)] (7) Environmental impact statement.--The term 
 ``environmental impact statement'' means a detailed 
 written statement that is required by section 
 102(2)(C).
 [(7)] (8) Finding of no significant impact.--The term 
 ``finding of no significant impact'' means a 
 determination by a Federal agency that a proposed 
 agency action does not require the issuance of an 
 environmental impact statement.
 [(8)] (9) Participating federal agency.--The term 
 ``participating Federal agency'' means a Federal agency 
 participating in an environmental review or 
 authorization of an action.
 [(9)] (10) Lead agency.--The term ``lead agency'' 
 means, with respect to a proposed agency action--
 (A) the agency that proposed such action; or
 (B) if there are 2 or more involved Federal 
 agencies with respect to such action, the 
 agency designated under section 107(a)(1).
 [(10) ] (11) Major federal action.--
 (A) In general.--The term ``major Federal 
 action'' means an action that the agency 
 carrying out such action determines is subject 
 to substantial Federal control and 
 responsibility.
 (B) Exclusion.--The term ``major Federal 
 action'' does not include--
 (i) a non-Federal action--
 (I) with no or minimal 
 Federal funding; or
 (II) with no or minimal 
 Federal involvement where a 
 Federal agency cannot control 
 the outcome of the project;
 (ii) funding assistance solely in the 
 form of general revenue sharing funds 
 which do not provide Federal agency 
 compliance or enforcement 
 responsibility over the subsequent use 
 of such funds;
 (iii) loans, loan guarantees, grants 
 (including capitalization grants), cost 
 share awards, or other forms of 
 financial assistance where a Federal 
 agency does not exercise [sufficient] 
 complete control and responsibility 
 over the [subsequent use of such 
 financial assistance or the] effect of 
 the action;
 (iv) farm ownership loans and 
 operating loan guarantees by the Farm 
 Service Agency pursuant to sections 305 
 and 311 through 319 of the Consolidated 
 Farm and Rural Development Act;
 (v) the issuance of an authorization 
 by an agency where the effects of the 
 action or project being permitted or 
 authorized were previously evaluated by 
 another agency in compliance with this 
 Act;
 [(iv)] (vi) business loan guarantees 
 provided by the Small Business 
 Administration pursuant to section 7(a) 
 or (b) and of the Small Business Act ( 
 U.S.C. 636(a)), or title V of the Small 
 Business Investment Act of 1958 (15 
 U.S.C. 695 et seq.);
 [(v)] (vii) bringing judicial or 
 administrative civil or criminal 
 enforcement actions;
 [(vi)] (viii) extraterritorial 
 activities or decisions, which means 
 agency activities or decisions with 
 effects located entirely outside of the 
 jurisdiction of the United States; or
 [(vii)] (ix) activities or decisions 
 that are non-discretionary and made in 
 accordance with the agency's statutory 
 authority.
 (C) Additional exclusions.--An agency action 
 may not be determined to be a major Federal 
 action solely on the basis of the provision of 
 Federal funds, including a grant, loan, loan 
 guarantee, and funding assistance.
 [(11)] (12) Programmatic environmental document.--The 
 term ``programmatic environmental document'' means an 
 environmental impact statement or environmental 
 assessment analyzing all or some of the environmental 
 effects of a policy, program, plan, or group of related 
 actions.
 [(12)] (13) Proposal.--The term ``proposal'' means a 
 proposed action at a stage when an agency has a goal, 
 is actively preparing to make a decision on one or more 
 alternative means of accomplishing that goal, and can 
 meaningfully evaluate its effects.
 [(13)] (14) Special expertise.--The term ``special 
 expertise'' means statutory responsibility, agency 
 mission, or related program experience.
 (15) Reasonably foreseeable.--The term ``reasonably 
 foreseeable'', with respect to environmental effects of 
 a proposed agency action--
 (A) means effects that share a reasonably 
 close causal relationship to, and are 
 proximately caused by, the immediate project or 
 action under consideration; and
 (B) does not include effects that are--
 (i) speculative;
 (ii) attenuated from the proposed 
 agency action;
 (iii) separate in time or place from 
 the proposed agency action; or
 (iv) in relation to separate existing 
 or potential future projects.

 TITLE II--COUNCIL ON ENVIRONMENTAL QUALITY 

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 Sec. 204. It shall be the duty and function of the Council--
 (1) to assist and advise the President in the 
 preparation of the Environmental Quality Report 
 required by section 201;
 (2) to gather timely and authoritative information 
 concerning the conditions and trends in the quality of 
 the environment both current and prospective, to 
 analyze and interpret such information for the purpose 
 of determining whether such conditions and trends are 
 interfering, or are likely to interfere, with the 
 achievement of the policy set forth in title I of this 
 Act, and to compile and submit to the President studies 
 relating to such conditions and trends;
 (3) to review and appraise the various programs and 
 activities of the Federal Government in the light of 
 the policy set forth in title I of this Act for the 
 purpose of determining the extent to which such 
 programs and activities are contributing to the 
 achievement of such policy, and to make recommendations 
 to the President with respect thereto;
 (4) to develop and recommend to the President 
 national policies to foster and promote the improvement 
 of environmental quality to meet the conservation, 
 social, economic, health, energy, and other 
 requirements and goals of the Nation;
 (5) to conduct investigations, studies, surveys, 
 research, and analyses relating to ecological systems 
 and environmental quality;
 (6) to document and define changes in the natural 
 environment, including the plant and animal systems, 
 and to accumulate necessary data and other information 
 for a continuing analysis of these changes or trends 
 and an interpretation of their underlying causes;
 (7) to report at least once each year to the 
 President on the state and condition of the 
 environment; and
 (8) to make and furnish such studies, reports, 
 thereon, and recommendations with repect to matters of 
 policy and legislation as the President may request.

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