[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4513 Referred in Senate (RFS)]

  2d Session
                                H. R. 4513


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2004

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
      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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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, 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.

            Passed the House of Representatives June 15, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.