Responsibly And Professionally Invigorating Development Act of 2014 or the RAPID Act - (Sec. 2) States that the purpose of this Act is to establish procedures to streamline, increase the efficiency of, and enhance coordination of agency administration of the regulatory review, environmental decision making, and permitting process for major actions that are construction activities undertaken, reviewed, or funded by federal agencies.
Authorizes a project sponsor, upon the request of a lead agency (the agency responsible preparing the environmental document), to prepare any document for environmental review required in support of, or for approval of, such an activity if such agency furnishes oversight and independently evaluates, approves, and adopts such document prior to taking action or making any approval based on such document. Defines "environmental review" as federal agency procedures for preparing an environmental impact statement (EIS), environmental assessment (EA), categorical exclusion, or other document under the National Environmental Policy Act of 1969 (NEPA).
Prohibits requiring more than one EIS and one EA for a project, except for supplemental environmental documents prepared under NEPA or environmental documents prepared pursuant to a court order. Requires the lead agency to prepare the EIS or EA, except as otherwise provided by law. Prohibits, after the lead agency issues a record of decision, any federal agency responsible for making any approval for a project from relying on a document other than the environmental document prepared by the lead agency.
Allows the lead agency, upon the request of a project sponsor, to: (1) adopt, use, or rely upon secondary and cumulative impact analyses included in documents prepared under NEPA for projects in the same geographic area if such documents are pertinent to the NEPA decision for the project under review; and (2) adopt a document that has been prepared for a project under state laws as the EIS or EA for the project if such laws provide environmental protection and opportunities for public involvement that are substantially equivalent to NEPA. Requires the lead agency to publish a supplement to the state document if: (1) a significant change has been made to the project that is relevant for purposes of environmental review of the project, or (2) there have been significant changes in circumstances or availability of information relevant to the environmental review for the project. Requires a lead agency to issue its record of decision or finding of no significant impact based upon such adopted document.
Authorizes a lead agency to adopt for a project an environmental document for a similar project that is in geographical proximity and that was subject to environmental review or similar state procedures within the preceding five years if the agency determines that there is a reasonable likelihood that the projects will have similar environmental impacts.
Requires the lead agency to invite and designate as a participating agency in the preparation of an environmental document for a project any federal agency that is required to adopt such document. Requires such an agency to collaborate on the preparation of such document unless it informs the lead agency that it has no jurisdiction, authority, expertise, or information with respect to, and does not intend to submit comments on, the project. Precludes any agency that declines to participate from submitting comments on such document or taking measures to oppose any permit, license, or approval related to that project based on the environmental review. Prohibits the lead agency from acting upon, responding to, or including in any document prepared under NEPA any comment submitted by a participating agency that concerns matters that are outside of such agency's authority and expertise.
Requires federal agencies to carry out: (1) obligations under other applicable laws concurrently and in conjunction with the review required under NEPA; and (2) such rules, policies, and procedures as may be reasonably necessary to enable such agency to ensure the completion of the environmental review and environmental decision making process in a timely, coordinated, and environmentally responsible manner.
Sets forth provisions concerning requirements for initiating and completing environmental review for a project, including requirements for: (1) determining the range of alternatives to be considered; (2) methodologies for analyzing such alternatives, including potential effects on employment; (3) a plan for coordinating public and agency participation in the environmental review; (4) periods for public and agency comments on draft EISs; and (5) a schedule for completing the review. Requires all participating agencies to comply with such schedule.
Establishes: (1) for projects requiring preparation of an EA, a one-year deadline for issuing a finding of no significant impact or a Notice of Intent to Prepare an EIS; and (2) for projects requiring preparation of an EIS, a two-year deadline for completing the EIS. Sets forth conditions for extensions.
Sets forth deadlines for decisions required under any other federal law relating to the undertaking of a project being reviewed under NEPA. Deems: (1) a project to be approved in the event that a federal agency fails to approve or otherwise act upon a permit, license, or other similar application for approval related to a project within such deadlines, and (2) such approval to be final agency action that may not be reversed by an agency. Applies the deadlines to environmental reviews and environmental decision making processes initiated after this Act's enactment. Requires any applicable period of time, for purposes of determining a deadline for a review or process initiated prior to this Act's enactment, to be calculated as beginning from the date of this Act's enactment.
Prescribes responsibilities of the lead agency and the participating agencies to work cooperatively to identify and resolve issues that could delay completion of the environmental review or could result in denial of any approvals required for the project under applicable laws.
Prohibits the lead agency from using the social cost of carbon in the any environmental review or environmental decision making process.
Requires the head of each federal agency to report annually on: (1) the projects for which the agency initiated preparation of an EIS or EA; (2) the projects for which the agency issued a record of decision or a finding of no significant impact and the length of time it took the agency to complete the environmental review for each such project; and (3) the filing and resolution of any lawsuits against the agency seeking judicial review of a permit, license, or approval issued by the agency for an action subject to NEPA.
Sets forth limitations to claims arising under federal law seeking judicial review of a permit, license, or approval issued by a federal agency for an action subject to NEPA.
Requires the Council on Environmental Quality and each federal agency to amend NEPA implementing regulations to implement the provisions of this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2641 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2641
To provide for improved coordination of agency actions in the
preparation and adoption of environmental documents for permitting
determinations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2013
Mr. Marino (for himself, Mr. Bachus, Mr. Coble, Mr. Franks of Arizona,
Mr. Smith of Texas, Mr. Amodei, and Mr. Owens) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committee on Natural Resources, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for improved coordination of agency actions in the
preparation and adoption of environmental documents for permitting
determinations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsibly And Professionally
Invigorating Development Act of 2013'' or as the ``RAPID Act''.
SEC. 2. COORDINATION OF AGENCY ADMINISTRATIVE OPERATIONS FOR EFFICIENT
DECISIONMAKING.
(a) In General.--Part I of chapter 5 of title 5, United States
Code, is amended by inserting after subchapter II the following:
``SUBCHAPTER IIA--INTERAGENCY COORDINATION REGARDING PERMITTING
``Sec. 560. Coordination of agency administrative operations for
efficient decisionmaking
``(a) Congressional Declaration of Purpose.--The purpose of this
subchapter is to establish a framework and procedures to streamline,
increase the efficiency of, and enhance coordination of agency
administration of the regulatory review, environmental decisionmaking,
and permitting process for projects undertaken, reviewed, or funded by
Federal agencies. This subchapter will ensure that agencies administer
the regulatory process in a manner that is efficient so that citizens
are not burdened with regulatory excuses and time delays.
``(b) Definitions.--For purposes of this subchapter, the term--
``(1) `agency' means any agency, department, or other unit
of Federal, State, local, or Indian tribal government;
``(2) `category of projects' means 2 or more projects
related by project type, potential environmental impacts,
geographic location, or another similar project feature or
characteristic;
``(3) `environmental assessment' means a concise public
document for which a Federal agency is responsible that serves
to--
``(A) briefly provide sufficient evidence and
analysis for determining whether to prepare an
environmental impact statement or a finding of no
significant impact;
``(B) aid an agency's compliance with NEPA when no
environmental impact statement is necessary; and
``(C) facilitate preparation of an environmental
impact statement when one is necessary;
``(4) `environmental impact statement' means the detailed
statement of significant environmental impacts required to be
prepared under NEPA;
``(5) `environmental review' means the Federal agency
procedures for preparing an environmental impact statement,
environmental assessment, categorical exclusion, or other
document under NEPA;
``(6) `environmental decisionmaking process' means the
Federal agency procedures for undertaking and completion of any
environmental permit, decision, approval, review, or study
under any Federal law other than NEPA for a project subject to
an environmental review;
``(7) `environmental document' means an environmental
assessment or environmental impact statement, and includes any
supplemental document or document prepared pursuant to a court
order;
``(8) `finding of no significant impact' means a document
by a Federal agency briefly presenting the reasons why a
project, not otherwise subject to a categorical exclusion, will
not have a significant effect on the human environment and for
which an environmental impact statement therefore will not be
prepared;
``(9) `lead agency' means the Federal agency preparing or
responsible for preparing the environmental document;
``(10) `NEPA' means the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
``(11) `project' means major Federal actions that are
construction activities undertaken with Federal funds or that
are construction activities that require approval by a permit
or regulatory decision issued by a Federal agency;
``(12) `project sponsor' means the agency or other entity,
including any private or public-private entity, that seeks
approval for a project or is otherwise responsible for
undertaking a project; and
``(13) `record of decision' means a document prepared by a
lead agency under NEPA following an environmental impact
statement that states the lead agency's decision, identifies
the alternatives considered by the agency in reaching its
decision and states whether all practicable means to avoid or
minimize environmental harm from the alternative selected have
been adopted, and if not, why they were not adopted.
``(c) Preparation of Environmental Documents.--Upon the request of
the lead agency, the project sponsor shall be authorized to prepare any
document for purposes of an environmental review required in support of
any project or approval by the lead agency if the lead agency furnishes
oversight in such preparation and independently evaluates such document
and the document is approved and adopted by the lead agency prior to
taking any action or making any approval based on such document.
``(d) Adoption and Use of Documents.--
``(1) Documents prepared under nepa.--
``(A) Not more than 1 environmental impact
statement and 1 environmental assessment shall be
prepared under NEPA for a project (except for
supplemental environmental documents prepared under
NEPA or environmental documents prepared pursuant to a
court order), and, except as otherwise provided by law,
the lead agency shall prepare the environmental impact
statement or environmental assessment. After the lead
agency issues a record of decision, no Federal agency
responsible for making any approval for that project
may rely on a document other than the environmental
document prepared by the lead agency.
``(B) Upon the request of a project sponsor, a lead
agency may adopt, use, or rely upon secondary and
cumulative impact analyses included in any
environmental document prepared under NEPA for projects
in the same geographic area where the secondary and
cumulative impact analyses provide information and data
that pertains to the NEPA decision for the project
under review.
``(2) State environmental documents; supplemental
documents.--
``(A) Upon the request of a project sponsor, a lead
agency may adopt a document that has been prepared for
a project under State laws and procedures as the
environmental impact statement or environmental
assessment for the project, provided that the State
laws and procedures under which the document was
prepared provide environmental protection and
opportunities for public involvement that are
substantially equivalent to NEPA.
``(B) An environmental document adopted under
subparagraph (A) is deemed to satisfy the lead agency's
obligation under NEPA to prepare an environmental
impact statement or environmental assessment.
``(C) In the case of a document described in
subparagraph (A), during the period after preparation
of the document but before its adoption by the lead
agency, the lead agency shall prepare and publish a
supplement to that document if the lead agency
determines that--
``(i) a significant change has been made to
the project that is relevant for purposes of
environmental review of the project; or
``(ii) there have been significant changes
in circumstances or availability of information
relevant to the environmental review for the
project.
``(D) If the agency prepares and publishes a
supplemental document under subparagraph (C), the lead
agency may solicit comments from agencies and the
public on the supplemental document for a period of not
more than 45 days beginning on the date of the
publication of the supplement.
``(E) A lead agency shall issue its record of
decision or finding of no significant impact, as
appropriate, based upon the document adopted under
subparagraph (A), and any supplements thereto.
``(3) Contemporaneous projects.--If the lead agency
determines that there is a reasonable likelihood that the
project will have similar environmental impacts as a similar
project in geographical proximity to the project, and that
similar project was subject to environmental review or similar
State procedures within the 5-year period immediately preceding
the date that the lead agency makes that determination, the
lead agency may adopt the environmental document that resulted
from that environmental review or similar State procedure. The
lead agency may adopt such an environmental document, if it is
prepared under State laws and procedures only upon making a
favorable determination on such environmental document pursuant
to paragraph (2)(A).
``(e) Participating Agencies.--
``(1) In general.--The lead agency shall be responsible for
inviting and designating participating agencies in accordance
with this subsection. The lead agency shall provide the
invitation or notice of the designation in writing.
``(2) Federal participating agencies.--Any Federal agency
that is required to adopt the environmental document of the
lead agency for a project shall be designated as a
participating agency and shall collaborate on the preparation
of the environmental document, unless the Federal agency
informs the lead agency, in writing, by a time specified by the
lead agency in the designation of the Federal agency that the
Federal agency--
``(A) has no jurisdiction or authority with respect
to the project;
``(B) has no expertise or information relevant to
the project; and
``(C) does not intend to submit comments on the
project.
``(3) Invitation.--The lead agency shall identify, as early
as practicable in the environmental review for a project, any
agencies other than an agency described in paragraph (2) that
may have an interest in the project, including, where
appropriate, Governors of affected States, and heads of
appropriate tribal and local (including county) governments,
and shall invite such identified agencies and officials to
become participating agencies in the environmental review for
the project. The invitation shall set a deadline of 30 days for
responses to be submitted, which may only be extended by the
lead agency for good cause shown. Any agency that fails to
respond prior to the deadline shall be deemed to have declined
the invitation.
``(4) Effect of declining participating agency
invitation.--Any agency that declines a designation or
invitation by the lead agency to be a participating agency
shall be precluded from submitting comments on any document
prepared under NEPA for that project or taking any measures to
oppose, based on the environmental review, any permit, license,
or approval related to that project.
``(5) Effect of designation.--Designation as a
participating agency under this subsection does not imply that
the participating agency--
``(A) supports a proposed project; or
``(B) has any jurisdiction over, or special
expertise with respect to evaluation of, the project.
``(6) Cooperating agency.--A participating agency may also
be designated by a lead agency as a `cooperating agency' under
the regulations contained in part 1500 of title 40, Code of
Federal Regulations, as in effect on January 1, 2011.
Designation as a cooperating agency shall have no effect on
designation as participating agency. No agency that is not a
participating agency may be designated as a cooperating agency.
``(7) Concurrent reviews.--Each Federal agency shall--
``(A) carry out obligations of the Federal agency
under other applicable law concurrently and in
conjunction with the review required under NEPA; and
``(B) in accordance with the rules made by the
Council on Environmental Quality pursuant to subsection
(n)(1), make and carry out such rules, policies, and
procedures as may be reasonably necessary to enable the
agency to ensure completion of the environmental review
and environmental decisionmaking process in a timely,
coordinated, and environmentally responsible manner.
``(8) Comments.--Each participating agency shall limit its
comments on a project to areas that are within the authority
and expertise of such participating agency. Each participating
agency shall identify in such comments the statutory authority
of the participating agency pertaining to the subject matter of
its comments. The lead agency shall not act upon, respond to or
include in any document prepared under NEPA, any comment
submitted by a participating agency that concerns matters that
are outside of the authority and expertise of the commenting
participating agency.
``(f) Project Initiation Request.--
``(1) Notice.--A project sponsor shall provide the Federal
agency responsible for undertaking a project with notice of the
initiation of the project by providing a description of the
proposed project, the general location of the proposed project,
and a statement of any Federal approvals anticipated to be
necessary for the proposed project, for the purpose of
informing the Federal agency that the environmental review
should be initiated.
``(2) Lead agency initiation.--The agency receiving a
project initiation notice under paragraph (1) shall promptly
identify the lead agency for the project, and the lead agency
shall initiate the environmental review within a period of 45
days after receiving the notice required by paragraph (1) by
inviting or designating agencies to become participating
agencies, or, where the lead agency determines that no
participating agencies are required for the project, by taking
such other actions that are reasonable and necessary to
initiate the environmental review.
``(g) Alternatives Analysis.--
``(1) Participation.--As early as practicable during the
environmental review, but no later than during scoping for a
project requiring the preparation of an environmental impact
statement, the lead agency shall provide an opportunity for
involvement by cooperating agencies in determining the range of
alternatives to be considered for a project.
``(2) Range of alternatives.--Following participation under
paragraph (1), the lead agency shall determine the range of
alternatives for consideration in any document which the lead
agency is responsible for preparing for the project, subject to
the following limitations:
``(A) No evaluation of certain alternatives.--No
Federal agency shall evaluate any alternative that was
identified but not carried forward for detailed
evaluation in an environmental document or evaluated
and not selected in any environmental document prepared
under NEPA for the same project.
``(B) Only feasible alternatives evaluated.--Where
a project is being constructed, managed, funded, or
undertaken by a project sponsor that is not a Federal
agency, Federal agencies shall only be required to
evaluate alternatives that the project sponsor could
feasibly undertake, consistent with the purpose of and
the need for the project, including alternatives that
can be undertaken by the project sponsor and that are
technically and economically feasible.
``(3) Methodologies.--
``(A) In general.--The lead agency shall determine,
in collaboration with cooperating agencies at
appropriate times during the environmental review, the
methodologies to be used and the level of detail
required in the analysis of each alternative for a
project. The lead agency shall include in the
environmental document a description of the
methodologies used and how the methodologies were
selected.
``(B) No evaluation of inappropriate
alternatives.--When a lead agency determines that an
alternative does not meet the purpose and need for a
project, that alternative is not required to be
evaluated in detail in an environmental document.
``(4) Preferred alternative.--At the discretion of the lead
agency, the preferred alternative for a project, after being
identified, may be developed to a higher level of detail than
other alternatives in order to facilitate the development of
mitigation measures or concurrent compliance with other
applicable laws if the lead agency determines that the
development of such higher level of detail will not prevent the
lead agency from making an impartial decision as to whether to
accept another alternative which is being considered in the
environmental review.
``(5) Employment analysis.--The evaluation of each
alternative in an environmental impact statement or an
environmental assessment shall identify the potential effects
of the alternative on employment, including potential short-
term and long-term employment increases and reductions and
shifts in employment.
``(h) Coordination and Scheduling.--
``(1) Coordination plan.--
``(A) In general.--The lead agency shall establish
and implement a plan for coordinating public and agency
participation in and comment on the environmental
review for a project or category of projects to
facilitate the expeditious resolution of the
environmental review.
``(B) Schedule.--
``(i) In general.--The lead agency shall
establish as part of the coordination plan for
a project, after consultation with each
participating agency and, where applicable, the
project sponsor, a schedule for completion of
the environmental review. The schedule shall
include deadlines, consistent with subsection
(i), for decisions under any other Federal laws
(including the issuance or denial of a permit
or license) relating to the project that is
covered by the schedule.
``(ii) Factors for consideration.--In
establishing the schedule, the lead agency
shall consider factors such as--
``(I) the responsibilities of
participating agencies under applicable
laws;
``(II) resources available to the
participating agencies;
``(III) overall size and complexity
of the project;
``(IV) overall schedule for and
cost of the project;
``(V) the sensitivity of the
natural and historic resources that
could be affected by the project; and
``(VI) the extent to which similar
projects in geographic proximity were
recently subject to environmental
review or similar State procedures.
``(iii) Compliance with the schedule.--
``(I) All participating agencies
shall comply with the time periods
established in the schedule or with any
modified time periods, where the lead
agency modifies the schedule pursuant
to subparagraph (D).
``(II) The lead agency shall
disregard and shall not respond to or
include in any document prepared under
NEPA, any comment or information
submitted or any finding made by a
participating agency that is outside of
the time period established in the
schedule or modification pursuant to
subparagraph (D) for that agency's
comment, submission or finding.
``(III) If a participating agency
fails to object in writing to a lead
agency decision, finding or request for
concurrence within the time period
established under law or by the lead
agency, the agency shall be deemed to
have concurred in the decision, finding
or request.
``(C) Consistency with other time periods.--A
schedule under subparagraph (B) shall be consistent
with any other relevant time periods established under
Federal law.
``(D) Modification.--The lead agency may--
``(i) lengthen a schedule established under
subparagraph (B) for good cause; and
``(ii) shorten a schedule only with the
concurrence of the cooperating agencies.
``(E) Dissemination.--A copy of a schedule under
subparagraph (B), and of any modifications to the
schedule, shall be--
``(i) provided within 15 days of completion
or modification of such schedule to all
participating agencies and to the project
sponsor; and
``(ii) made available to the public.
``(F) Roles and responsibility of lead agency.--
With respect to the environmental review for any
project, the lead agency shall have authority and
responsibility to take such actions as are necessary
and proper, within the authority of the lead agency, to
facilitate the expeditious resolution of the
environmental review for the project.
``(i) Deadlines.--The following deadlines shall apply to any
project subject to review under NEPA and any decision under any Federal
law relating to such project (including the issuance or denial of a
permit or license or any required finding):
``(1) Environmental review deadlines.--The lead agency
shall complete the environmental review within the following
deadlines:
``(A) Environmental impact statement projects.--For
projects requiring preparation of an environmental
impact statement--
``(i) the lead agency shall issue an
environmental impact statement within 2 years
after the earlier of the date the lead agency
receives the project initiation request or a
Notice of Intent to Prepare an Environmental
Impact Statement is published in the Federal
Register; and
``(ii) in circumstances where the lead
agency has prepared an environmental assessment
and determined that an environmental impact
statement will be required, the lead agency
shall issue the environmental impact statement
within 2 years after the date of publication of
the Notice of Intent to Prepare an
Environmental Impact Statement in the Federal
Register.
``(B) Environmental assessment projects.--For
projects requiring preparation of an environmental
assessment, the lead agency shall issue a finding of no
significant impact or publish a Notice of Intent to
Prepare an Environmental Impact Statement in the
Federal Register within 1 year after the earlier of the
date the lead agency receives the project initiation
request, makes a decision to prepare an environmental
assessment, or sends out participating agency
invitations.
``(2) Extensions.--
``(A) Requirements.--The environmental review
deadlines may be extended only if--
``(i) a different deadline is established
by agreement of the lead agency, the project
sponsor, and all participating agencies; or
``(ii) the deadline is extended by the lead
agency for good cause.
``(B) Limitation.--The environmental review shall
not be extended by more than 1 year for a project
requiring preparation of an environmental impact
statement or by more than 180 days for a project
requiring preparation of an environmental assessment.
``(3) Environmental review comments.--
``(A) Comments on draft environmental impact
statement.--For comments by agencies and the public on
a draft environmental impact statement, the lead agency
shall establish a comment period of not more than 60
days after publication in the Federal Register of
notice of the date of public availability of such
document, unless--
``(i) a different deadline is established
by agreement of the lead agency, the project
sponsor, and all participating agencies; or
``(ii) the deadline is extended by the lead
agency for good cause.
``(B) Other comments.--For all other comment
periods for agency or public comments in the
environmental review process, the lead agency shall
establish a comment period of no more than 30 days from
availability of the materials on which comment is
requested, unless--
``(i) a different deadline is established
by agreement of the lead agency, the project
sponsor, and all participating agencies; or
``(ii) the deadline is extended by the lead
agency for good cause.
``(4) Deadlines for decisions under other laws.--
Notwithstanding any other provision of law, in any case in
which a decision under any other Federal law relating to the
undertaking of a project being reviewed under NEPA (including
the issuance or denial of a permit or license) is required to
be made, the following deadlines shall apply:
``(A) Decisions prior to record of decision or
finding of no significant impact.--If a Federal agency
is required to approve, or otherwise to act upon, a
permit, license, or other similar application for
approval related to a project prior to the record of
decision or finding of no significant impact, such
Federal agency shall approve or otherwise act not later
than the end of a 90-day period beginning--
``(i) after all other relevant agency
review related to the project is complete; and
``(ii) after the lead agency publishes a
notice of the availability of the final
environmental impact statement or issuance of
other final environmental documents, or no
later than such other date that is otherwise
required by law, whichever event occurs first.
``(B) Other decisions.--With regard to any approval
or other action related to a project by a Federal
agency that is not subject to subparagraph (A), each
Federal agency shall approve or otherwise act not later
than the end of a period of 180 days beginning--
``(i) after all other relevant agency
review related to the project is complete; and
``(ii) after the lead agency issues the
record of decision or finding of no significant
impact, unless a different deadline is
established by agreement of the Federal agency,
lead agency, and the project sponsor, where
applicable, or the deadline is extended by the
Federal agency for good cause, provided that
such extension shall not extend beyond a period
that is 1 year after the lead agency issues the
record of decision or finding of no significant
impact.
``(C) Failure to act.--In the event that any
Federal agency fails to approve, or otherwise to act
upon, a permit, license, or other similar application
for approval related to a project within the applicable
deadline described in subparagraph (A) or (B), the
permit, license, or other similar application shall be
deemed approved by such agency and the agency shall
take action in accordance with such approval within 30
days of the applicable deadline described in
subparagraph (A) or (B).
``(D) Final agency action.--Any approval under
subparagraph (C) is deemed to be final agency action,
and may not be reversed by any agency. In any action
under chapter 7 seeking review of such a final agency
action, the court may not set aside such agency action
by reason of that agency action having occurred under
this paragraph.
``(j) Issue Identification and Resolution.--
``(1) Cooperation.--The lead agency and the participating
agencies shall work cooperatively in accordance with this
section to identify and resolve issues that could delay
completion of the environmental review or could result in
denial of any approvals required for the project under
applicable laws.
``(2) Lead agency responsibilities.--The lead agency shall
make information available to the participating agencies as
early as practicable in the environmental review regarding the
environmental, historic, and socioeconomic resources located
within the project area and the general locations of the
alternatives under consideration. Such information may be based
on existing data sources, including geographic information
systems mapping.
``(3) Participating agency responsibilities.--Based on
information received from the lead agency, participating
agencies shall identify, as early as practicable, any issues of
concern regarding the project's potential environmental,
historic, or socioeconomic impacts. In this paragraph, issues
of concern include any issues that could substantially delay or
prevent an agency from granting a permit or other approval that
is needed for the project.
``(4) Issue resolution.--
``(A) Meeting of participating agencies.--At any
time upon request of a project sponsor, the lead agency
shall promptly convene a meeting with the relevant
participating agencies and the project sponsor, to
resolve issues that could delay completion of the
environmental review or could result in denial of any
approvals required for the project under applicable
laws.
``(B) Notice that resolution cannot be achieved.--
If a resolution cannot be achieved within 30 days
following such a meeting and a determination by the
lead agency that all information necessary to resolve
the issue has been obtained, the lead agency shall
notify the heads of all participating agencies, the
project sponsor, and the Council on Environmental
Quality for further proceedings in accordance with
section 204 of NEPA, and shall publish such
notification in the Federal Register.
``(k) Report to Congress.--The head of each Federal agency shall
report annually to Congress--
``(1) the projects for which the agency initiated
preparation of an environmental impact statement or
environmental assessment;
``(2) the projects for which the agency issued a record of
decision or finding of no significant impact and the length of
time it took the agency to complete the environmental review
for each such project;
``(3) the filing of any lawsuits against the agency seeking
judicial review of a permit, license, or approval issued by the
agency for an action subject to NEPA, including the date the
complaint was filed, the court in which the complaint was
filed, and a summary of the claims for which judicial review
was sought; and
``(4) the resolution of any lawsuits against the agency
that sought judicial review of a permit, license, or approval
issued by the agency for an action subject to NEPA.
``(l) Limitations on Claims.--
``(1) In general.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial review
of a permit, license, or approval issued by a Federal agency
for an action subject to NEPA shall be barred unless--
``(A) in the case of a claim pertaining to a
project for which an environmental review was conducted
and an opportunity for comment was provided, the claim
is filed by a party that submitted a comment during the
environmental review on the issue on which the party
seeks judicial review, and such comment was
sufficiently detailed to put the lead agency on notice
of the issue upon which the party seeks judicial
review; and
``(B) filed within 180 days after publication of a
notice in the Federal Register announcing that the
permit, license, or approval is final pursuant to the
law under which the agency action is taken, unless a
shorter time is specified in the Federal law pursuant
to which judicial review is allowed.
``(2) New information.--The preparation of a supplemental
environmental impact statement, when required, is deemed a
separate final agency action and the deadline for filing a
claim for judicial review of such action shall be 180 days
after the date of publication of a notice in the Federal
Register announcing the record of decision for such action. Any
claim challenging agency action on the basis of information in
a supplemental environmental impact statement shall be limited
to challenges on the basis of that information.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to create a right to judicial review or
place any limit on filing a claim that a person has violated
the terms of a permit, license, or approval.
``(m) Categories of Projects.--The authorities granted under this
subchapter may be exercised for an individual project or a category of
projects.
``(n) Effective Date.--The requirements of this subchapter shall
apply only to environmental reviews and environmental decisionmaking
processes initiated after the date of enactment of this subchapter.
``(o) Applicability.--Except as provided in subsection (p), this
subchapter applies, according to the provisions thereof, to all
projects for which a Federal agency is required to undertake an
environmental review or make a decision under an environmental law for
a project for which a Federal agency is undertaking an environmental
review.
``(p) Savings Clause.--Nothing in this section shall be construed
to supersede, amend, or modify sections 134, 135, 139, 325, 326, and
327 of title 23, United States Code, sections 5303 and 5304 of title
49, United States Code, or subtitle C of title I of division A of the
Moving Ahead for Progress in the 21st Century Act and the amendments
made by such subtitle (Public Law 112-141).''.
(b) Technical Amendment.--The table of sections for chapter 5 of
title 5, United States Code, is amended by inserting after the item
relating to subchapter II the following:
``subchapter iia--interagency coordination regarding permitting
``560. Coordination of agency administrative operations for efficient
decisionmaking.''.
(c) Regulations.--
(1) Council on environmental quality.--Not later than 180
days after the date of enactment of this title, the Council on
Environmental Quality shall amend the regulations contained in
part 1500 of title 40, Code of Federal Regulations, to
implement the provisions of this title and the amendments made
by this title, and shall by rule designate States with laws and
procedures that satisfy the criteria under section 560(d)(2)(A)
of title 5, United States Code.
(2) Federal agencies.--Not later than 120 days after the
date that the Council on Environmental Quality amends the
regulations contained in part 1500 of title 40, Code of Federal
Regulations, to implement the provisions of this title and the
amendments made by this title, each Federal agency with
regulations implementing the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) shall amend such regulations
to implement the provisions of this subchapter.
<all>
DEBATE - Pursuant to the provisions of H. Res. 501, the Committee of the Whole proceeded with 10 minutes of debate on the Nadler Part C amendment No. 4.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Nadler amendment No.4, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H. Res. 501, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson(GA) Part C amendment No. 5.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Johnson (GA) amendment No. 5, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Johnson (GA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
Mr. Goodlatte moved that the committee rise.
On motion that the committee rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 2641 as unfinished business.
Considered as unfinished business. (consideration: CR H2237-2243)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2641.
The previous question was ordered pursuant to the rule. (consideration: CR H2240)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H2228-2231)
Ms. DelBene moved to recommit with instructions to Judiciary.
DEBATE - The House proceeded with 10 minutes of debate on the DelBene motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to ensure that the underlying bill does not weaken environmental review of projects.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2242)
On motion to recommit with instructions Failed by recorded vote: 190 - 217 (Roll no. 112). (consideration: CR H2240-2241; text: CR H2240-2241)
Roll Call #112 (House)Passed/agreed to in House: On passage Passed by recorded vote: 229 - 179 (Roll no. 113).
Roll Call #113 (House)On passage Passed by recorded vote: 229 - 179 (Roll no. 113).
Roll Call #113 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.