I 108th CONGRESS 2d Session H. R. 4513 IN THE HOUSE OF REPRESENTATIVES June 4, 2004 Mr. Pombo introduced the following bill; which was referred to the Committee on Resources A BILL To provide that in preparing an environmental assessment or environmental impact statement required under section 102 of the National Environmental Policy Act of 1969 with respect to any action authorizing a renewable energy project, no Federal agency is required to identify alternative project locations or actions other than the proposed action and the no action alternative, and for other purposes.

1.

Environmental review for renewable energy projects

(a)

Compliance with NEPA for renewable energy projects

Notwithstanding any other law, in preparing an environmental assessment or environmental impact statement required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) with respect to any action authorizing a renewable energy project under the jurisdiction of a Federal agency— (1)no Federal agency is required to identify alternative project locations or actions other than the proposed action and the no action alternative; and (2)no Federal agency is required to analyze the environmental effects of alternative locations or actions other than those submitted by the project proponent. (b)

Consideration of alternatives

In any environmental assessment or environmental impact statement referred to in subsection (a), the Federal agency shall only identify and analyze the environmental effects and potential mitigation measures of— (1)the proposed action; and (2)the no action alternative. (c)

Public comment

In preparing an environmental assessment or environmental impact statement referred to in subsection (a), the Federal agency shall only consider public comments that specifically address the preferred action and that are filed within 20 days after publication of a draft environmental assessment or draft environmental impact statement. Notwithstanding any other law, compliance with this subsection is deemed to satisfy section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) and the applicable regulations and administrative guidelines with respect to proposed renewable energy projects. (d)

Definition

For purposes of this section, the term renewable energy project— (1)means any proposal to utilize an energy source other than nuclear power or the combustion of coal, oil or natural gas; and (2)includes but is not be limited to the use of wind, solar, geothermal, or tidal forces to generate energy.