[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4620 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4620

 To amend the National Environmental Policy Act of 1969 to impose time 
limits on the completion of certain required actions under the Act, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 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 impose time 
limits on the completion of certain required actions under the Act, 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 Accountability and Oversight 
Act of 2020''.

SEC. 2. NATIONAL ENVIRONMENTAL POLICY ACT TIMELINES.

    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. APPLICABLE TIMELINES.

    ``(a) Definitions.--In this section:
            ``(1) Environmental impact statement.--The term 
        `environmental impact statement' means a detailed statement 
        required under section 102(2)(C).
            ``(2) Federal agency.--The term `Federal agency' includes a 
        State that has assumed responsibility under section 327 of 
        title 23, United States Code.
            ``(3) 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.
            ``(4) 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.
            ``(5) 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) Applicable Timelines.--
            ``(1) NEPA process.--
                    ``(A) In general.--The head of a Federal agency 
                shall complete the NEPA process for a proposed action 
                of the Federal agency, as described in subsection 
                (a)(4)(B)(ii), not later than 2 years after the date 
                described in subsection (a)(4)(B)(i).
                    ``(B) Environmental documents.--Within the period 
                described in subparagraph (A), not later than 1 year 
                after the date described in subsection (a)(4)(B)(i), 
                the head of the Federal agency shall, with respect to 
                the proposed action--
                            ``(i) issue--
                                    ``(I) a finding that a categorical 
                                exclusion applies to the proposed 
                                action; or
                                    ``(II) a finding of no significant 
                                impact; or
                            ``(ii) publish a notice of intent to 
                        prepare an environmental impact statement in 
                        the Federal Register.
                    ``(C) Environmental impact statement.--If the head 
                of a Federal agency publishes a notice of intent 
                described in subparagraph (B)(ii), within the period 
                described in subparagraph (A) and not later than 1 year 
                after the date on which the head of the Federal agency 
                publishes the notice of intent, the head of the Federal 
                agency shall complete the environmental impact 
                statement and, if necessary, any supplemental 
                environmental impact statement for the proposed action.
            ``(2) Authorizations and permits.--
                    ``(A) In general.--Not later than 90 days after the 
                date described in subsection (a)(4)(B)(ii), the head of 
                a Federal agency shall issue--
                            ``(i) any necessary permit or authorization 
                        to carry out the proposed action; or
                            ``(ii) a denial of the permit or 
                        authorization necessary to carry out the 
                        proposed action.
                    ``(B) Effect of failure to issue authorization or 
                permit.--If a permit or authorization described in 
                subparagraph (A) is not issued or denied within the 
                period described in that subparagraph, the permit or 
                authorization shall be considered to be approved.
                    ``(C) Denial of permit or authorization.--
                            ``(i) In general.--If a permit or 
                        authorization described in subparagraph (A) is 
                        denied, the head of the Federal agency shall 
                        describe to the project sponsor--
                                    ``(I) the basis of the denial; and
                                    ``(II) recommendations for the 
                                project sponsor with respect to how to 
                                address the reasons for the denial.
                            ``(ii) Recommended changes.--If the project 
                        sponsor carries out the recommendations of the 
                        head of the Federal agency under clause (i)(II) 
                        and notifies the head of the Federal agency 
                        that the recommendations have been carried out, 
                        the head of the Federal agency--
                                    ``(I) shall decide whether to issue 
                                the permit or authorization described 
                                in subparagraph (A) not later than 90 
                                days after the date on which the 
                                project sponsor submitted the 
                                notification; and
                                    ``(II) shall not carry out the NEPA 
                                process with respect to the proposed 
                                action again.''.
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