[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4377 Reported in House (RH)]

                                                 Union Calendar No. 431
112th CONGRESS
  2d Session
                                H. R. 4377

                      [Report No. 112-596, Part I]

     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

                             April 18, 2012

 Mr. Ross of Florida (for himself, Mr. Smith of Texas, Mr. Coble, and 
Mr. Peterson) 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

                             July 17, 2012

 Additional sponsors: Mr. Rooney, Mr. Franks of Arizona, Mr. West, Mr. 
   Amodei, Mr. Long, Mr. Quayle, Mr. Griffin of Arkansas, Mr. Poe of 
                         Texas, and Mrs. Adams

                             July 17, 2012

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             July 17, 2012

    The Committee on Natural Resources discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                               18, 2012]


_______________________________________________________________________

                                 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 2012'' 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 appoval 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.--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.''.
    (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 Act, 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 Act and the amendments made by 
        this Act, 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 Act and the 
        amendments made by this Act, 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.
                                                 Union Calendar No. 431

112th CONGRESS

  2d Session

                               H. R. 4377

                      [Report No. 112-596, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 17, 2012

     Reported from the Committee on the Judiciary with an amendment

                             July 17, 2012

    The Committee on Natural Resources discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed