[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4265 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4265

 To amend the National Environmental Policy Act of 1969 to require the 
         submission of certain reports, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2020

    Mr. Lee introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the National Environmental Policy Act of 1969 to require the 
         submission of certain reports, 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 ``NEPA Data Transparency and 
Accountability Act of 2020''.

SEC. 2. REQUIRED REPORTS UNDER NEPA.

    Title I of the National Environmental Policy Act of 1969 is 
amended--
            (1) by redesignating section 105 (42 U.S.C. 4335) as 
        section 106; and
            (2) by inserting after section 104 (42 U.S.C. 4334) the 
        following:

``SEC. 105. REQUIRED REPORTS.

    ``(a) Definitions.--In this section:
            ``(1) Environmental assessment.--The term `environmental 
        assessment' has the meaning given the term in section 1508.9 of 
        title 40, Code of Federal Regulations (or a successor 
        regulation).
            ``(2) Environmental impact statement.--The term 
        `environmental impact statement' means a detailed statement 
        required under section 102(2)(C).
            ``(3) Federal agency.--The term `Federal agency' includes a 
        State that has assumed responsibility under section 327 of 
        title 23, United States Code.
            ``(4) Head of a federal agency.--The term `head of a 
        Federal agency' includes the governor or head of an applicable 
        State agency of a State that has assumed responsibility under 
        section 327 of title 23, United States Code.
            ``(5) NEPA process.--
                    ``(A) In general.--The term `NEPA process' means 
                the entirety of every process, analysis, or other 
                measure, including an environmental impact statement, 
                required to be carried out by a Federal agency under 
                this title before the agency undertakes a proposed 
                action.
                    ``(B) Period.--For purposes of subparagraph (A), 
                the NEPA process--
                            ``(i) begins on the date on which the head 
                        of a Federal agency receives an application for 
                        a proposed action from a project sponsor; and
                            ``(ii) ends on the date on which the 
                        Federal agency issues, with respect to the 
                        proposed action--
                                    ``(I) a record of decision, 
                                including, if necessary, a revised 
                                record of decision;
                                    ``(II) a finding of no significant 
                                impact; or
                                    ``(III) a categorical exclusion 
                                under this title.
            ``(6) Project sponsor.--The term `project sponsor' means a 
        Federal agency or other entity, including a private or public-
        private entity, that seeks approval of a proposed action.
    ``(b) Reports.--
            ``(1) NEPA data.--
                    ``(A) In general.--The head of each Federal agency 
                that carries out the NEPA process shall carry out a 
                process to track, and annually submit to Congress a 
                report containing, the information described in 
                subparagraph (B).
                    ``(B) Information described.--The information 
                referred to in subparagraph (A) is, with respect to the 
                Federal agency issuing the report under that 
                subparagraph--
                            ``(i) the number of proposed actions for 
                        which a categorical exclusion was issued during 
                        the reporting period;
                            ``(ii) the length of time the Federal 
                        agency took to issue the categorical exclusions 
                        described in clause (i);
                            ``(iii) the number of proposed actions 
                        pending on the date on which the report is 
                        submitted for which the issuance of a 
                        categorical exclusion is pending;
                            ``(iv) the number of proposed actions for 
                        which an environmental assessment was issued 
                        during the reporting period;
                            ``(v) the length of time the Federal agency 
                        took to complete each environmental assessment 
                        described in clause (iv);
                            ``(vi) the number of proposed actions 
                        pending on the date on which the report is 
                        submitted for which an environmental assessment 
                        is being drafted;
                            ``(vii) the number of proposed actions for 
                        which an environmental impact statement was 
                        issued during the reporting period;
                            ``(viii) the length of time the Federal 
                        agency took to complete each environmental 
                        impact statement described in clause (vii); and
                            ``(ix) the number of proposed actions 
                        pending on the date on which the report is 
                        submitted for which an environmental impact 
                        statement is being drafted.
            ``(2) NEPA costs.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this subsection, the Chair of the 
                Council on Environmental Quality and the Director of 
                the Office of Management and Budget shall jointly 
                develop a methodology to assess the comprehensive costs 
                of the NEPA process.
                    ``(B) Requirements.--The head of each Federal 
                agency that carries out the NEPA process shall--
                            ``(i) adopt the methodology developed under 
                        subparagraph (A); and
                            ``(ii) use the methodology developed under 
                        subparagraph (A) to annually submit to Congress 
                        a report describing--
                                    ``(I) the comprehensive cost of the 
                                NEPA process for each proposed action 
                                that was carried out within the 
                                reporting period; and
                                    ``(II) for a proposed action for 
                                which the head of the Federal agency is 
                                still completing the NEPA process at 
                                the time the report is submitted--
                                            ``(aa) the amount of money 
                                        expended to date to carry out 
                                        the NEPA process for the 
                                        proposed action; and
                                            ``(bb) an estimate of the 
                                        remaining costs before the NEPA 
                                        process for the proposed action 
                                        is complete.''.
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