[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5165 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5165

To facilitate pipeline construction and limit regulatory and litigation 
  delays under the Federal Water Pollution Control Act, the National 
  Environmental Policy Act of 1969, and the Endangered Species Act of 
                     1973, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 1, 2022

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

_______________________________________________________________________

                                 A BILL


 
To facilitate pipeline construction and limit regulatory and litigation 
  delays under the Federal Water Pollution Control Act, the National 
  Environmental Policy Act of 1969, and the Endangered Species Act of 
                     1973, 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 ``Pipeline Permitting for Energy 
Security Act of 2022''.

SEC. 2. CLEAN WATER ACT PERMITTING.

    (a) State Certification Programs.--Section 401 of the Federal Water 
Pollution Control Act (33 U.S.C. 1341) is amended--
            (1) by striking the heading and section designation and all 
        that follows through ``may be.'' at the end of subsection 
        (a)(1) and inserting the following:

``SEC. 401. CERTIFICATION.

    ``(a) State Certifications.--
            ``(1) Certification required.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Certification application.--The term 
                        `certification application' means a request 
                        from an applicant for a certification described 
                        in subparagraph (B).
                            ``(ii) Certifying authority.--The term 
                        `certifying authority', with respect to a 
                        certification described in subparagraph (B), 
                        means the applicable entity described in 
                        subclause (I), (II), or (III) of subparagraph 
                        (B)(i).
                    ``(B) Compliance with limitations.--
                            ``(i) In general.--Any applicant for a 
                        Federal license or permit to conduct an 
                        activity, including the construction or 
                        operation of facilities, that may result in a 
                        discharge from a point source into the waters 
                        of the United States shall provide the Federal 
                        licensing or permitting agency a certification 
                        that the discharge will comply with applicable 
                        water quality requirements from--
                                    ``(I) the State in which the 
                                discharge originates or will originate;
                                    ``(II) if appropriate, the 
                                interstate water pollution control 
                                agency with jurisdiction over the 
                                waters of the United States at the 
                                point where the discharge originates or 
                                will originate; or
                                    ``(III) if no State or interstate 
                                water pollution control agency has the 
                                authority to give such a certification, 
                                the Administrator.
                            ``(ii) Certification of no limitation and 
                        standard.--
                                    ``(I) In general.--In the case of 
                                any activity described in clause (i) 
                                for which there is not an applicable 
                                effluent limitation or other limitation 
                                under sections 301(b) and 302 and for 
                                which there is not an applicable 
                                standard under sections 306 and 307, 
                                the certifying authority shall so 
                                certify.
                                    ``(II) Effect.--A certification 
                                under subclause (I) does not satisfy 
                                section 511(c).
                            ``(iii) Certification required.--
                                    ``(I) Construction prohibited until 
                                certification.--Construction for which 
                                a certification is required under this 
                                subparagraph may not begin until the 
                                certification has been obtained, unless 
                                the requirement for the certification 
                                has been waived in accordance with this 
                                paragraph.
                                    ``(II) Effect of denial.--If a 
                                certifying authority denies a 
                                certification application, the Federal 
                                license or permit for which the 
                                certification application was made may 
                                not be granted.
                            ``(iv) Scope of certification.--In 
                        determining whether to issue a certification 
                        under this subparagraph and in determining what 
                        conditions to impose on a certification under 
                        this subparagraph, a certifying authority may 
                        only consider whether the discharge for which 
                        the certification application was made complies 
                        with applicable water quality requirements.
                    ``(C) Required procedures.--
                            ``(i) Notice and hearings.--Each certifying 
                        authority shall establish procedures for--
                                    ``(I) public notice in the case of 
                                all certification applications;
                                    ``(II) to the extent the certifying 
                                authority determines to be appropriate, 
                                public hearings in connection with 
                                specific certification applications; 
                                and
                                    ``(III) a prefiling meeting as 
                                described in clause (ii).
                            ``(ii) Prefiling meeting.--
                                    ``(I) Request.--Before submitting a 
                                certification application, the 
                                prospective applicant may request a 
                                prefiling meeting with the certifying 
                                authority--
                                            ``(aa) to ensure that the 
                                        certifying authority receives 
                                        early notification of projects 
                                        for which a certification under 
                                        subparagraph (B) is necessary; 
                                        and
                                            ``(bb) to discuss 
                                        informational needs with the 
                                        certifying authority before 
                                        submitting the application.
                                    ``(II) Response required.--If a 
                                prospective applicant requests a 
                                prefiling meeting with a certifying 
                                authority pursuant to subclause (I), 
                                the certifying authority shall--
                                            ``(aa) respond to the 
                                        request not later than 30 days 
                                        after the date on which the 
                                        request is received; and
                                            ``(bb) hold the prefiling 
                                        meeting with the prospective 
                                        applicant by not later than 60 
                                        days after the date on which 
                                        the request is received.
                            ``(iii) Denials of certification.--
                                    ``(I) Individual licenses and 
                                permits.--If a certifying authority 
                                denies a certification application for 
                                an individual license or permit, the 
                                certifying authority shall provide to 
                                the applicable Federal licensing or 
                                permitting agency--
                                            ``(aa) the specific 
                                        applicable water quality 
                                        requirements with which the 
                                        discharge will not comply;
                                            ``(bb) a statement 
                                        explaining why the discharge 
                                        will not comply with the 
                                        identified applicable water 
                                        quality requirements; and
                                            ``(cc) if the denial is due 
                                        to insufficient information, a 
                                        description of the specific 
                                        water quality data or 
                                        information, if any, that would 
                                        be needed to ensure that the 
                                        discharge from the proposed 
                                        project will comply with 
                                        applicable water quality 
                                        requirements.
                                    ``(II) General licenses or 
                                permits.--If a certifying authority 
                                denies a certification application for 
                                a general license or permit, the 
                                certifying authority shall provide to 
                                the applicable Federal licensing or 
                                permitting agency--
                                            ``(aa) the specific 
                                        applicable water quality 
                                        requirements with which 
                                        discharges that could be 
                                        authorized by the general 
                                        license or permit will not 
                                        comply;
                                            ``(bb) a statement 
                                        explaining why discharges that 
                                        could be authorized by the 
                                        general license or permit will 
                                        not comply with the identified 
                                        applicable water quality 
                                        requirements; and
                                            ``(cc) if the denial is due 
                                        to insufficient information, a 
                                        description of the specific 
                                        water quality data or 
                                        information, if any, that would 
                                        be needed to assure that the 
                                        range of discharges that could 
                                        be authorized by the general 
                                        license or permit from 
                                        potential projects will comply 
                                        with applicable water quality 
                                        requirements.
                            ``(iv) Review.--
                                    ``(I) In general.--Not later than 
                                60 days after the date on which a 
                                Federal licensing or permitting agency 
                                receives a notice described in clause 
                                (iii) or a certification under 
                                subparagraph (B) that includes 
                                conditions to that certification, the 
                                Federal licensing or permitting agency 
                                shall complete a review of the process 
                                undertaken by the certifying authority 
                                in reviewing the applicable 
                                certification application to determine 
                                whether the certifying authority 
                                established a reasonable period of time 
                                within which to review that 
                                certification application in accordance 
                                with subparagraph (D)(ii).
                                    ``(II) Denials.--If, after carrying 
                                out a review under subclause (I) of the 
                                process undertaken by a certifying 
                                authority with respect to a denial of a 
                                certification application, a Federal 
                                licensing or permitting agency 
                                determines that the certifying 
                                authority did not, in determining the 
                                reasonable period of time within which 
                                to review the certification 
                                application, consider all of the 
                                factors described in subclause (I), 
                                (II), or (III) of subparagraph (D)(ii), 
                                the Federal licensing or permitting 
                                agency shall--
                                            ``(aa) deem the certifying 
                                        authority to have failed to act 
                                        on the certification 
                                        application; and
                                            ``(bb) pursuant to 
                                        subparagraph (D)(iii), consider 
                                        the requirement for a 
                                        certification under 
                                        subparagraph (B) waived.
                                    ``(III) Conditions.--If, after 
                                carrying out a review under subclause 
                                (I) of the process undertaken by a 
                                certifying authority with respect to 
                                including conditions to a certification 
                                under subparagraph (B), a Federal 
                                licensing or permitting agency 
                                determines that the certifying 
                                authority did not, in determining the 
                                reasonable period of time within which 
                                to review the applicable certification 
                                application, consider all of the 
                                factors described in subclause (I), 
                                (II), or (III) of subparagraph (D)(ii), 
                                the Federal licensing or permitting 
                                agency shall consider the certification 
                                conditions void.
                    ``(D) Review period.--
                            ``(i) In general.--A certifying authority 
                        shall, subject to this subparagraph, issue to 
                        the applicable Federal licensing or permitting 
                        authority a final action on a certification 
                        application within a reasonable period of time, 
                        which--
                                    ``(I) shall be determined by the 
                                certifying authority by not later than 
                                60 days after the date on which the 
                                certification application is received 
                                by the certifying authority; but
                                    ``(II)(aa) shall begin on the date 
                                on which the certification application 
                                is received by the certifying 
                                authority; and
                                    ``(bb) shall not exceed 1 year from 
                                the date on which the certifying 
                                authority receives the certification 
                                application.
                            ``(ii) Determination of reasonable 
                        period.--In determining the reasonable period 
                        of time under clause (i)(I), a certifying 
                        authority shall consider--
                                    ``(I) the complexity of the project 
                                described in the certification 
                                application;
                                    ``(II) the nature of any potential 
                                discharge from that project; and
                                    ``(III) the potential need for 
                                additional study or evaluation of water 
                                quality effects from the discharge.
                            ``(iii) Failure to act within period.--If a 
                        certifying authority fails or refuses to issue 
                        a final action on a certification application 
                        by the end of the reasonable period of time 
                        established under this subparagraph, the 
                        requirement for a certification under 
                        subparagraph (B) shall be waived.
                            ``(iv) No pausing or tolling.--The 
                        reasonable period of time established for a 
                        certification application under this 
                        subparagraph may not be paused or tolled for 
                        any reason.
                    ``(E) Final action.--
                            ``(i) In general.--After completion of the 
                        reasonable period of time established under 
                        subparagraph (D) and any review that may be 
                        required under subparagraph (C)(iv) for a 
                        certification application, the certifying 
                        authority or Federal licensing or permitting 
                        authority, as applicable, shall apply only 1 of 
                        the following final actions to the 
                        certification application:
                                    ``(I) The certification application 
                                is granted.
                                    ``(II) The certification 
                                application is granted with conditions.
                                    ``(III) The certification 
                                application is denied.
                                    ``(IV) The certification 
                                requirements under subparagraph (B) 
                                have been waived in accordance with 
                                this paragraph with respect to the 
                                activity for which the certification 
                                application was submitted.
                            ``(ii) No other final actions.--No other 
                        final action may apply to a certification 
                        application except as described in clause (i).
                    ``(F) Enforcement of conditions.--The Federal 
                licensing or permitting authority to which a 
                certification under this subsection was issued shall be 
                responsible for enforcing any conditions included with 
                that certification.
                    ``(G) Timeline for action.--If a Federal court 
                remands or vacates a certification under this 
                paragraph, the Federal court shall set and enforce a 
                reasonable schedule and deadline, not to exceed 180 
                days from the date on which the Federal court remands 
                or vacates the certification, for the certifying agency 
                to act on the remand or vacatur.'';
            (2) in subsection (a) (as so amended)--
                    (A) in paragraph (2), by striking ``(2) Upon 
                receipt'' and inserting the following:
            ``(2) Notice to administrator; effect on other states.--On 
        receipt'';
                    (B) in paragraph (3), by striking ``(3) The 
                certification'' and inserting the following:
            ``(3) Fulfillment of requirements.--The certification'';
                    (C) in paragraph (4), by striking ``(4) Prior to'' 
                and inserting the following:
            ``(4) Review for compliance.--Prior to'';
                    (D) in paragraph (5), by striking ``(5) Any 
                Federal'' and inserting the following:
            ``(5) Suspension and revocation.--Any Federal''; and
                    (E) in paragraph (6), by striking ``(6) Except 
                with'' and inserting the following:
            ``(6) Applicability to certain facilities.--Except with'';
            (3) in subsection (b), by striking ``(b) Nothing'' and 
        inserting the following:
    ``(b) Compliance With Other Provisions of Law Setting Applicable 
Water Quality Requirements.--Nothing'';
            (4) in subsection (c), by striking ``(c) In order'' and 
        inserting the following:
    ``(c) Authority of Secretary of the Army To Permit Use of Spoil 
Disposal Areas by Federal Licensees or Permittees.--In order'';
            (5) in subsection (d), by striking ``(d) Any 
        certification'' and inserting the following:
    ``(d) Limitations and Monitoring Requirements of Certification.--
Any certification''; and
            (6) by adding at the end the following:
    ``(e) Definition of Applicable Water Quality Requirements.--In this 
section, the term `applicable water quality requirements' means--
            ``(1) the applicable provisions of sections 301, 302, 303, 
        306, and 307; and
            ``(2) applicable State or Tribal regulatory requirements 
        for the discharge from point sources into the waters of the 
        United States.''.
    (b) Permits for Dredged or Fill Material.--
            (1) In general.--Section 404 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1344) is amended--
                    (A) by striking the heading and section designation 
                and all that follows through ``(a) The Secretary'' and 
                inserting the following:

``SEC. 404. PERMITS FOR DREDGED OR FILL MATERIAL.

    ``(a) Discharge Into Navigable Waters at Specified Disposal 
Sites.--
            ``(1) In general.--The Secretary'';
                    (B) in subsection (a)(1) (as so designated), in the 
                second sentence--
                            (i) by striking ``this subsection'' each 
                        place it appears and inserting ``paragraph 
                        (1)''; and
                            (ii) by striking ``Not later than the 
                        fifteenth day'' and inserting the following:
            ``(2) Notice.--Not later than the 15th day'';
                    (C) in subsection (c)--
                            (i) in the third sentence--
                                    (I) by striking ``his finding and 
                                his reasons'' and inserting ``the 
                                findings and reasons of the 
                                Administrator''; and
                                    (II) by striking ``The 
                                Administrator'' and inserting the 
                                following:
            ``(4) Findings and reasoning.--The Administrator'';
                            (ii) in the second sentence, by striking 
                        ``Before making such determination'' and 
                        inserting the following:
            ``(3) Consultation.--Before making a determination under 
        paragraph (1)'';
                            (iii) by striking ``(c) The Administrator'' 
                        and inserting the following:
    ``(c) Prohibition of Specification of Areas as Disposal Sites.--
            ``(1) In general.--Subject to paragraph (2), the 
        Administrator''; and
                            (iv) by inserting after paragraph (1) (as 
                        so designated) the following:
            ``(2) Limitation.--The Administrator may not prohibit the 
        specification of a defined area as a disposal site, or 
        otherwise deny or restrict the use of a defined area as a 
        disposal site after a permit under this section for the area 
        has been issued by the Secretary.'';
                    (D) in subsection (e)--
                            (i) in paragraph (1), in the second 
                        sentence--
                                    (I) by striking ``subsection (b)(1) 
                                of this section, and (B) set forth'' 
                                and inserting the following: 
                                ``subsection (b)(1); and
                            ``(ii) set forth'';
                                    (II) by striking ``shall (A) be 
                                based'' and inserting the following: 
                                ``shall--
                            ``(i) be based''; and
                                    (III) by striking ``Any general'' 
                                and inserting the following:
                    ``(B) Requirements for issuance.--Any general'';
                            (ii) by striking ``(e)(1) In carrying'' and 
                        inserting the following:
    ``(e) General Permits on State, Regional, or Nationwide Basis.--
            ``(1) Permits authorized.--
                    ``(A) In general.--In carrying'';
                            (iii) in paragraph (2), by striking ``(2) 
                        No general'' and inserting the following:
            ``(2) Term.--No general''; and
                            (iv) by adding at the end the following:
            ``(3) Single and complete projects.--
                    ``(A) Definition of single and complete project.--
                            ``(i) In general.--In this paragraph, the 
                        term `single and complete project', with 
                        respect to a project for which the Secretary is 
                        determining whether a general permit issued 
                        under this subsection applies, means that 
                        portion of the total project proposed or 
                        accomplished by--
                                    ``(I) a single owner or developer;
                                    ``(II) a partnership of 1 or more 
                                owners or developers; or
                                    ``(III) an association of owners or 
                                developers.
                            ``(ii) Linear projects.--
                                    ``(I) Definition.--In this clause, 
                                the term `linear project' means a 
                                project constructed for the purpose of 
                                getting people, goods, or services from 
                                a point of origin to a terminal point, 
                                which may involve multiple crossings of 
                                1 or more waters of the United States 
                                at separate and distant locations.
                                    ``(II) General rule.--For purposes 
                                of this paragraph, with respect to 
                                projects described in clause (i) that 
                                are linear projects--
                                            ``(aa) the crossings of 
                                        separate waters of the United 
                                        States at a specific location 
                                        shall be considered 1 single 
                                        and complete project; but
                                            ``(bb) each crossing of a 
                                        single water of the United 
                                        States shall be considered a 
                                        separate single and complete 
                                        project if those crossings are 
                                        at separate and distant 
                                        locations.
                                    ``(III) Additional exclusions.--For 
                                purposes of subclause (II), individual 
                                channels in a braided stream or river, 
                                individual arms of a large, 
                                irregularly-shaped wetland or lake, and 
                                other, similar bodies of water shall 
                                not be considered to be separate waters 
                                of the United States.
                    ``(B) Requirement.--In determining whether a 
                general permit issued under this subsection applies to 
                an activity, the Secretary shall consider the estimated 
                total of all losses of waters of the United States 
                expected to result from the single and complete 
                project.
                    ``(C) Use of multiple permits.--The Secretary may 
                combine 2 or more general permits issued under this 
                subsection to authorize a single and complete project, 
                but the same general permit issued under this 
                subsection may not be used more than once for a single 
                and complete project.
            ``(4) Reissuance of nationwide permits.--In determining 
        whether to reissue a general permit issued under this 
        subsection on a nationwide basis--
                    ``(A) no consultation with an applicable State 
                pursuant to section 6(a) of the Endangered Species Act 
                of 1973 (16 U.S.C. 1535(a)) is required;
                    ``(B) no consultation with a Federal agency 
                pursuant to section 7(a)(2) of that Act (16 U.S.C. 
                1536(a)(2)) is required; and
                    ``(C) for purposes of carrying out the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) with respect to that reissuance, conducting an 
                environmental assessment on a nationwide basis is 
                sufficient for purposes of compliance with that Act.
            ``(5) Nationwide permit for oil and natural gas 
        pipelines.--Notwithstanding any other provision of this 
        section, the Secretary shall maintain a nationwide permit for 
        the activities required for the construction, maintenance, 
        repair, operation, and removal of oil and natural gas pipelines 
        and associated facilities that result in the loss of, with 
        respect to waters of the United States, an area of more than 
        \1/2\ acre for each single and complete project (as defined in 
        paragraph (3)(A)), which shall be known as `nationwide permit 
        12'.'';
                    (E) in subsection (h)--
                            (i) in paragraph (1), by adding at the end 
                        the following:
                    ``(I) To issue permits not later than the date that 
                is 1 year after the date on which the State receives an 
                application for the permit, which may not be paused or 
                tolled for any reason.
                    ``(J) To ensure that, if the State does not issue a 
                final action with respect to an application for a 
                permit within the 1-year period described in 
                subparagraph (I), the application is considered to be 
                approved.
                    ``(K) To carry out a programmatic review of the 
                program annually to ensure that the program does not 
                exceed the authority granted to the State under this 
                section.''; and
                            (ii) by adding at the end the following:
            ``(6) Action required.--
                    ``(A) In general.--A State with a permit program 
                approved under this subsection shall issue a final 
                action with respect to an application for a permit 
                described in subsection (g)(1) not later than 1 year 
                after the date of receipt of the application.
                    ``(B) Failure to act.--An application for a permit 
                described in subsection (g)(1) submitted to a State 
                with a permit program approved under this subsection 
                shall be considered to be approved if the State fails 
                to issue a final action with respect to the application 
                by the end of the 1-year period described in 
                subparagraph (A).
                    ``(C) No pausing or tolling.--The 1-year period 
                described in subparagraph (A) may not be paused or 
                tolled for any reason.'';
                    (F) in subsection (s)(3), in the third sentence, by 
                striking ``acton'' and inserting ``action'';
                    (G) in subsection (t), by striking ``(t) Nothing'' 
                and inserting the following:
    ``(u) Savings Provision.--Nothing''; and
                    (H) by inserting after subsection (s) the 
                following:
    ``(t) Judicial Review.--
            ``(1) Statute of limitations.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, an action seeking judicial review of 
                an individual or general permit issued under this 
                section shall be filed not later than the date that is 
                60 days after the date on which the permit was issued.
                    ``(B) Savings provision.--Nothing in subparagraph 
                (A) authorizes an action seeking judicial review of the 
                structure of or authorization for a State permit 
                program approved pursuant to this section.
            ``(2) Timeline to act on remand and vacatur.--If a Federal 
        court remands or vacates a permit under this section, the 
        Federal court shall set and enforce a reasonable schedule and 
        deadline, which may not exceed 180 days from the date on which 
        the Federal court remands or vacates the permit, for the issuer 
        of the permit to act on that remand or vacatur.''.
            (2) Ratification of current permits.--Notwithstanding any 
        other provision of law, each category of activities authorized 
        by a general permit issued under section 404(e) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1344(e)) (including 
        nationwide permit 12) or under section 10 of the Act of March 
        3, 1899 (33 U.S.C. 403), that is in effect on the date of 
        enactment of this Act shall, consistent with subparagraph (A) 
        of section 404(e)(1) of the Federal Water Pollution Control Act 
        (33 U.S.C. 1344(e)(1)), be considered to cause--
                    (A) not more than minimal adverse environmental 
                effects when actions authorized under those permits are 
                carried out separately; and
                    (B) not more than minimal cumulative adverse 
                effects on the environment.
            (3) Savings provision.--Nothing in this subsection or the 
        amendments made by this subsection requires a State (including 
        an Indian tribe that is treated as a State pursuant to section 
        518(e) of the Federal Water Pollution Control Act (33 U.S.C. 
        1377(e))) for which the Administrator of the Environmental 
        Protection Agency has approved a permit program pursuant to 
        subsections (g) and (h) of section 404 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1344) to seek reapproval of 
        the permit program in accordance with those subsections.
    (c) Definition of Navigable Waters.--Section 502 of the Federal 
Water Pollution Control Act (33 U.S.C. 1362) is amended--
            (1) in each of paragraphs (1) through (20), by inserting a 
        paragraph heading, the text of which comprises the term defined 
        in that paragraph;
            (2) by indenting paragraphs (1) through (20) appropriately; 
        and
            (3) by striking paragraph (7) and inserting the following:
            ``(7) Navigable waters; waters of the united states.--
                    ``(A) In general.--The terms `navigable waters' and 
                `waters of the United States' mean--
                            ``(i) the territorial seas and waters which 
                        are currently used, or were used in the past, 
                        or may be susceptible to use in interstate or 
                        foreign commerce, including waters that are 
                        subject to the ebb and flow of the tide;
                            ``(ii) a tributary;
                            ``(iii) a lake, pond, or impoundment of 
                        water from a body of water otherwise described 
                        in this subparagraph that--
                                    ``(I) contributes to surface water 
                                flow to a body of water described in 
                                clause (i) in a typical year; or
                                    ``(II) is inundated by flooding 
                                from a body of water otherwise 
                                described in this subparagraph during a 
                                typical year; and
                            ``(iv) adjacent wetlands.
                    ``(B) Exclusions.--The terms `navigable waters' and 
                `waters of the United States' do not include--
                            ``(i) an ephemeral feature, including an 
                        ephemeral stream, swale, gully, rill, pool, or 
                        tributary that is ephemeral during a typical 
                        year;
                            ``(ii) groundwater, including groundwater 
                        drained through subsurface drainage systems;
                            ``(iii) an artificially irrigated area that 
                        would revert to upland or dry land if that 
                        artificial irrigation ceased;
                            ``(iv) an artificial lake or pond that--
                                    ``(I) is not an impoundment 
                                described in subparagraph (A)(iii); and
                                    ``(II) is constructed or excavated 
                                in upland or dry land;
                            ``(v) a water-filled depression that is--
                                    ``(I) constructed or excavated in 
                                upland or dry land; and
                                    ``(II) incidental to mining or 
                                construction activity;
                            ``(vi) a pit that is excavated in upland 
                        for the purpose of obtaining fill, sand, or 
                        gravel;
                            ``(vii) a stormwater control feature that 
                        is constructed or excavated in upland or dry 
                        land to convey, treat, infiltrate, or store 
                        stormwater runoff;
                            ``(viii) a groundwater recharge, water 
                        reuse, or wastewater treatment recycling 
                        structure that is constructed or excavated in 
                        upland or dryland;
                            ``(ix) a waste treatment system;
                            ``(x) prior converted cropland;
                            ``(xi)(I) a ditch that is not a body of 
                        water described in clause (i) or (ii) of 
                        subparagraph (A); and
                            ``(II) any portion of a ditch constructed 
                        in adjacent wetlands that does not meet the 
                        requirements described in subparagraph (C)(i);
                            ``(xii) diffuse stormwater runoff and 
                        directional sheet flow over upland; and
                            ``(xiii) a water or water feature that is 
                        not identified in subparagraph (A).
                    ``(C) Associated definitions.--For purposes of this 
                paragraph:
                            ``(i) Adjacent wetlands.--The term 
                        `adjacent wetlands' means wetlands that--
                                    ``(I) touch at least one point or 
                                side of a body of water described in 
                                clause (i), (ii), or (iii) of 
                                subparagraph (A);
                                    ``(II) are inundated by flooding 
                                from a body of water described in 
                                clause (i), (ii), or (iii) of 
                                subparagraph (A) during a typical year; 
                                or
                                    ``(III) are physically separated 
                                from a body of water described in 
                                clause (i), (ii), or (iii) of 
                                subparagraph (A) only by--
                                            ``(aa) a natural berm, 
                                        bank, dune, or similar natural 
                                        feature; or
                                            ``(bb) an artificial dike, 
                                        barrier, or similar artificial 
                                        structure, if that structure 
                                        allows for a direct 
                                        hydrological surface connection 
                                        to the body of water described 
                                        in that clause (i), (ii), or 
                                        (iii) in a typical year, such 
                                        as through a culvert, flood or 
                                        tide gate, pump, or similar 
                                        artificial feature.
                            ``(ii) Ditch.--The term `ditch' means a 
                        constructed or excavated channel used to convey 
                        water.
                            ``(iii) Ephemeral.--The term `ephemeral', 
                        with respect to a surface water, means flowing 
                        or pooling only in direct response to 
                        precipitation (such as rain or snowfall).
                            ``(iv) High tide line.--
                                    ``(I) In general.--The term `high 
                                tide line' means the line of 
                                intersection of the land with the 
                                surface of a body of water at the 
                                maximum height reached by a rising tide 
                                (including a spring high tide or 
                                another high tide that occurs with 
                                periodic frequency), which may, in the 
                                absence of actual data, be determined 
                                by a line of oil or scum along shore 
                                objects, a more or less continuous 
                                deposit of fine shell or debris on the 
                                foreshore or berm, vegetation lines, 
                                tidal gages, other physical markings or 
                                characteristics, or other suitable 
                                means that delineate the general height 
                                reached by a rising tide.
                                    ``(II) Exclusions.--The term `high 
                                tide line' does not include the line of 
                                intersection described in subclause (I) 
                                at the maximum height reached by a 
                                storm surge in which there is a 
                                departure from the normal or predicted 
                                reach of a tide due to the piling up of 
                                water against a coast by strong winds, 
                                such as a surge accompanying a 
                                hurricane or another intense storm.
                            ``(v) Intermittent.--The term 
                        `intermittent', with respect to a surface 
                        water, means flowing continuously during 
                        certain times of the year and more than in 
                        direct response to precipitation (such as 
                        seasonally, when the groundwater table is 
                        elevated, or when snowpack melts).
                            ``(vi) Ordinary high water mark.--The term 
                        `ordinary high water mark' means the line on a 
                        shore established by the fluctuations of water 
                        and indicated by physical characteristics, such 
                        as a clear, natural line impressed on the bank, 
                        shelving, changes in the character of the soil, 
                        destruction of terrestrial vegetation, the 
                        presence of litter and debris, or another 
                        appropriate means that considers the 
                        characteristics of the surrounding areas.
                            ``(vii) Perennial.--The term `perennial', 
                        with respect to a surface water, means surface 
                        water that flows continuously year round.
                            ``(viii) Prior converted cropland.--
                                    ``(I) In general.--The term `prior 
                                converted cropland' means any area 
                                that, prior to December 23, 1985, was 
                                drained or otherwise manipulated for 
                                the purpose, or having the effect, of 
                                making production of an agricultural 
                                product possible.
                                    ``(II) Inclusion.--The term `prior 
                                converted cropland' includes any 
                                designation of an area as prior 
                                converted cropland made by the 
                                Secretary of Agriculture.
                                    ``(III) Exclusion.--The term `prior 
                                converted cropland' does not include 
                                any area described in subclause (I) 
                                that is abandoned or has reverted to 
                                wetlands.
                                    ``(IV) Associated definition.--In 
                                this clause, the term `abandoned', with 
                                respect to an area described in 
                                subclause (I), means the area has not 
                                been used for, or in support of, 
                                agricultural purposes at least once 
                                during the 5-year period ending on the 
                                date of determination, as determined by 
                                the Administrator.
                            ``(ix) Snowpack.--The term `snowpack' means 
                        layers of snow that accumulate over extended 
                        periods of time in certain geographic regions 
                        or at high elevation (such as in northern 
                        climes or in mountainous regions).
                            ``(x) Tributary.--The term `tributary' 
                        includes a river, stream, or similar naturally 
                        occurring surface water channel that--
                                    ``(I) contributes to surface water 
                                flow to a body of water described in 
                                subparagraph (A)(i); and
                                    ``(II) is perennial or intermittent 
                                in a typical year.
                            ``(xi) Typical year.--The term `typical 
                        year' means a year in which precipitation and 
                        other climatic variables are within the normal 
                        periodic range (such as seasonally or annually) 
                        for the geographic area of the applicable body 
                        of water, based on a rolling 30-year period.
                            ``(xii) Upland.--The term `upland' means 
                        any land area that, under normal conditions--
                                    ``(I) is not wetlands; and
                                    ``(II) does not lie below the 
                                ordinary high water mark or the high 
                                tide line of a body of water described 
                                in subparagraph (A).
                            ``(xiii) Waste treatment system.--The term 
                        `waste treatment system' includes all 
                        components, including lagoons and treatment 
                        ponds (such as settling or cooling ponds), 
                        designed to either convey or retain, 
                        concentrate, settle, reduce, or remove 
                        pollutants, either actively or passively, from 
                        wastewater prior to discharge (or eliminating 
                        any such discharge).
                            ``(xiv) Wetlands.--The term `wetlands' 
                        means areas that are inundated or saturated by 
                        surface or ground water at a frequency and 
                        duration sufficient to support, and that under 
                        normal circumstances do support, a prevalence 
                        of vegetation typically adapted for life in 
                        saturated soil conditions, including swamps, 
                        marshes, bogs, and similar areas.''.

SEC. 3. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 MODIFICATIONS.

    (a) Definitions.--The National Environmental Policy Act of 1969 is 
amended by inserting after section 2 (42 U.S.C. 4321) the following:

``SEC. 3. DEFINITIONS.

    ``In this Act:
            ``(1) Categorical exclusion.--The term `categorical 
        exclusion' means a category of actions that a Federal agency 
        determines, according to procedures established by the Federal 
        agency, do not normally have a significant effect on the human 
        environment.
            ``(2) Effects.--
                    ``(A)  In general.--The term `effects' means 
                changes to the human environment as a result of a 
                proposed action or alternative action to be carried out 
                by a Federal agency that--
                            ``(i) are reasonably foreseeable and not 
                        remote in time, geographically remote, or the 
                        product of a lengthy causal chain;
                            ``(ii) have a reasonably close causal 
                        relationship, as determined by the Federal 
                        agency, to the proposed action or alternative 
                        action, as applicable; and
                            ``(iii) the Federal agency has the ability 
                        to prevent and that would not occur absent the 
                        proposed action or alternative action.
                    ``(B) Requirement.--For purposes of subparagraph 
                (A)(ii), a `but for' causal relationship is 
                insufficient to establish a reasonably close causal 
                relationship.
            ``(3) Environmental assessment.--The term `environmental 
        assessment' means a concise public document prepared by a 
        Federal agency to determine whether to prepare an environmental 
        impact statement or a finding of no significant impact for a 
        proposed action.
            ``(4) Environmental impact statement.--The term 
        `environmental impact statement' means a detailed statement 
        required to be prepared for a proposed major action in 
        accordance with title I.
            ``(5) Major federal action.--
                    ``(A) In general.--The term `major Federal action' 
                means an activity or decision subject to Federal 
                control and responsibility, as determined by a Federal 
                agency.
                    ``(B) Exclusions.--The term `major Federal action' 
                does not include--
                            ``(i) a nondiscretionary or 
                        extraterritorial activity or decision;
                            ``(ii) an action that does not result in a 
                        final agency action under subchapter II of 
                        chapter 5, and chapter 7, of title 5, United 
                        States Code (commonly known as the 
                        `Administrative Procedure Act');
                            ``(iii) a judicial or administrative 
                        enforcement action;
                            ``(iv) an action involving funding, the 
                        control of which is not maintained by the 
                        Federal agency that was appropriated the funds;
                            ``(v) a non-Federal project with minimal 
                        Federal funding or involvement;
                            ``(vi) a loan, loan guarantee, or other 
                        financial assistance where the Federal agency 
                        does not exercise sufficient control or 
                        responsibility over the funds; and
                            ``(vii) any action that was deemed to not 
                        be a major Federal action by a Federal court.
                    ``(C) Other actions.--A Federal agency may 
                determine whether any other action is a major Federal 
                action for purposes of the requirements of this Act.''.
    (b) NEPA Thresholds.--Title I of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4331 et seq.) is amended by adding at the end 
the following:

``SEC. 106. THRESHOLDS.

    ``Prior to carrying out the requirements of this title for a major 
Federal action, the Federal agency seeking to carry out the action 
shall determine whether--
            ``(1) the action is exempt from the requirements of this 
        title by another Federal law (including regulations);
            ``(2) compliance with this title would--
                    ``(A) clearly and fundamentally conflict with 
                another Federal law (including regulations); or
                    ``(B) be inconsistent with the congressional intent 
                of another Federal law;
            ``(3) the action is nondiscretionary, such that the Federal 
        agency lacks authority to consider the environmental effects of 
        the action; and
            ``(4) a review of the effects of the action under another 
        Federal law (including regulations) would satisfy the 
        requirements of this title.''.
    (c) Determining Appropriate Level of NEPA Review.--Title I of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as 
amended by subsection (b)) is amended by adding at the end the 
following:

``SEC. 107. DETERMINING APPROPRIATE LEVEL OF NEPA REVIEW.

    ``In assessing the appropriate level of review to be conducted by a 
Federal agency under this title for a major Federal action, the Federal 
agency shall determine whether the proposed action--
            ``(1) normally does not have significant effects or 
        qualifies as a categorical exclusion;
            ``(2) is likely to have insignificant effects or unknown 
        effects; or
            ``(3) is likely to have significant effects.''.
    (d) Environmental Impact Statements.--
            (1) In general.--Title I of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as amended by 
        subsection (c)) is amended by adding at the end the following:

``SEC. 108. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENTS.

    ``(a) Statement of Purpose and Need.--
            ``(1) In general.--An environmental impact statement shall 
        briefly specify the underlying purpose and need to which a 
        Federal agency is responding.
            ``(2) Alternatives analysis.--Any alternatives analyzed by 
        the Federal agency shall--
                    ``(A) meet the purpose and need for the proposed 
                action; and
                    ``(B) where applicable, meet the goals of the 
                applicant.
    ``(b) Page Limits for Environmental Impact Statements.--The text of 
a final environmental impact statement shall be proportional to the 
potential effects, and size, of the proposed action, but shall not be 
longer than--
            ``(1) 150 pages; or
            ``(2) in the case of a proposed action of unusual 
        complexity, as determined by the applicable Federal agency, 300 
        pages.
    ``(c) Time Limit for Preparing an Environmental Impact Statement.--
            ``(1) In general.--Not later than 2 years after the date on 
        which a Federal agency issues a notice of intent to carry out a 
        proposed action, the Federal agency shall submit to the 
        Environmental Protection Agency the environmental impact 
        statement for that proposed action.
            ``(2) Failure to act.--If a Federal agency does not submit 
        an environmental impact statement in accordance with the 
        timeline described in paragraph (1), the requirements of this 
        title shall be deemed to have been fulfilled for the proposed 
        action.
    ``(d) Specificity of Comments and Information.--
            ``(1) Comments on draft environmental impact statements.--
        Comments and objections of any kind relating to an 
        environmental impact statement for a proposed action shall be 
        raised within the comment period on the draft environmental 
        impact statement provided by the applicable Federal agency, 
        consistent with the requirements of section 1506.11 of title 
        40, Code of Federal Regulations (as in effect on September 14, 
        2020).
            ``(2) Comments on final environmental impact statements.--
        If the applicable Federal agency requests comments on a final 
        environmental impact statement prepared for a major Federal 
        action before the final decision of the Federal agency, 
        comments and objections of any kind shall be raised within the 
        comment period provided by the Federal agency.
            ``(3) Unexhausted and forfeited comments.--Comments and 
        objections of any kind not provided within the comment periods 
        described in paragraphs (1) and (2) shall be considered 
        unexhausted and forfeited, consistent with section 1500.3(b) of 
        title 40, Code of Federal Regulations (as in effect on 
        September 14, 2020).
    ``(e) Record of Decision in Cases Requiring Environmental Impact 
Statements.--Each record of decision prepared by a Federal agency for a 
proposed action shall contain a statement certifying that the Federal 
agency considered all alternatives to, and information and analyses 
relating to, the proposed action submitted during the process of 
carrying out the requirements of this title.''.
            (2) Conforming amendments.--Section 102(2) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is 
        amended--
                    (A) in subparagraph (C)--
                            (i) in the matter preceding clause (i), by 
                        striking ``a detailed statement'' and inserting 
                        ``an environmental impact statement''; and
                            (ii) in the undesignated matter following 
                        clause (v), in the first sentence, by striking 
                        ``Prior to making any detailed statement'' and 
                        inserting ``Prior to preparing an environmental 
                        impact statement''; and
                    (B) in subparagraph (D)--
                            (i) in the matter preceding clause (i), by 
                        striking ``detailed statement'' and inserting 
                        ``environmental impact statement''; and
                            (ii) in clause (iv), by striking ``detailed 
                        statement'' and inserting ``environmental 
                        impact statement''.
    (e) Time Limit for Environmental Assessment Completion.--Title I of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) 
(as amended by subsection (d)(1)) is amended by adding at the end the 
following:

``SEC. 109. ENVIRONMENTAL ASSESSMENT REQUIREMENT.

    ``Not later than 1 year after the date on which a Federal agency 
decides to prepare an environmental assessment for a proposed action, 
the Federal agency shall submit to the Environmental Protection Agency 
that environmental assessment.''.
    (f) Adoption of Certain Categorical Exclusions.--Title I of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as 
amended by subsection (e)) is amended by adding at the end the 
following:

``SEC. 110. ADOPTION OF CERTAIN CATEGORICAL EXCLUSIONS.

    ``A Federal agency may adopt the determination of another Federal 
agency that a categorical exclusion applies to a proposed action if the 
action covered by the original categorical exclusion determination and 
the proposed action of the adopting Federal agency are substantially 
the same, in the determination of the adopting Federal agency.''.

SEC. 4. ENDANGERED SPECIES ACT OF 1973 MODIFICATIONS.

    (a) Definitions.--Section 3 of the Endangered Species Act of 1973 
(16 U.S.C. 1532) is amended--
            (1) by redesignating paragraphs (6), (7), (8), (9), (10), 
        (12), (13), (14), (15), (16), (17), (18), (19), (20), and (21) 
        as paragraphs (7), (8), (9), (10), (12), (13), (14), (15), 
        (16), (17), (18), (19), (20), (21), and (22), respectively;
            (2) by inserting after paragraph (5) the following:
            ``(6) The term `destruction or adverse modification' means 
        a direct or indirect alteration that appreciably diminishes the 
        value of critical habitat as a whole for the conservation of a 
        listed species.''; and
            (3) by inserting after paragraph (10) (as so redesignated) 
        the following:
            ``(11) The term `foreseeable future' means an unspecific 
        period of time in the future that is necessary for the 
        Secretary to reasonably determine that future threats to a 
        species, and the response of a species to those threats, are 
        likely.''.
    (b) Consideration of Economic Impacts in Listing Decisions.--
Section 4(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(a)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``the'' and inserting ``The''; and
                    (B) by striking the semicolon at the end and 
                inserting a period;
            (2) in subparagraph (B)--
                    (A) by striking ``overutilization'' and inserting 
                ``Overutilization''; and
                    (B) by striking the semicolon at the end and 
                inserting a period;
            (3) in subparagraph (C)--
                    (A) by striking ``disease'' and inserting 
                ``Disease''; and
                    (B) by striking the semicolon at the end and 
                inserting a period;
            (4) in subparagraph (D)--
                    (A) by striking ``the'' and inserting ``The''; and
                    (B) by striking ``; or'' and inserting a period;
            (5) in subparagraph (E), by striking ``other'' and 
        inserting ``Other''; and
            (6) by adding at the end the following:
                    ``(F) Whether listing the species as an endangered 
                species or a threatened species would result in 
                economic or other impacts on landowners.''.
    (c) Criteria for Delisting a Species.--Section 4 of the Endangered 
Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end 
the following:
    ``(j) Criteria for Delisting a Species.--The Secretary shall remove 
a species included on the list published pursuant to subsection (c) if 
the Secretary determines, after conducting a review of the status of 
the applicable endangered species or threatened species using the best 
scientific and commercial data available, that--
            ``(1) the listed species is extinct;
            ``(2) the listed species is no longer an endangered species 
        or a threatened species; or
            ``(3) the listed species is not a species.''.
    (d) Restrictions on Designating Critical Habitat.--Section 4(a)(3) 
of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended 
by adding at the end the following:
    ``(C) Restriction on Designating Critical Habitat.--The Secretary 
shall not designate habitat as critical habitat under this paragraph 
if--
            ``(i) a species is threatened by taking or other human 
        activity and identification of critical habitat can be expected 
        to increase the degree of that threat to the species;
            ``(ii) the present or threatened destruction, modification, 
        or curtailment of the habitat or range of a species--
                    ``(I) is not a threat to the species; or
                    ``(II) is solely a result of causes that cannot be 
                addressed through management actions;
            ``(iii) areas within the jurisdiction of the United States 
        provide no more than negligible conservation value, if any, for 
        a species occurring primarily outside the jurisdiction of the 
        United States;
            ``(iv) no areas of the habitat are critical habitat; or
            ``(v) the Secretary otherwise determines that designation 
        of the habitat as critical habitat would not be prudent based 
        on the best scientific data available.''.
    (e) Unoccupied Areas.--Section 3(5)(A) of the Endangered Species 
Act of 1973 (16 U.S.C. 1532(5)(A)) is amended by striking clause (ii) 
and inserting the following:
            ``(ii) specific areas outside the geographical area 
        occupied by the species at the time the species is listed in 
        accordance with section 4, as described in clause (i), if the 
        Secretary determines that--
                    ``(I) the geographical area occupied by the species 
                described in clause (i), at the time of the listing, is 
                inadequate to ensure the conservation of the species; 
                and
                    ``(II) it is reasonably certain that the specific 
                area outside the geographical area occupied by the 
                species--
                            ``(aa) will contribute to the conservation 
                        of the species; and
                            ``(bb) contains at least 1 physical or 
                        biological feature essential to the 
                        conservation of the species.''.
    (f) Protective Regulations for Threatened Species.--
            (1) In general.--Section 4(d) of the Endangered Species Act 
        of 1973 (16 U.S.C. 1533(d)) is amended--
                    (A) in the first sentence, by striking ``Whenever 
                any species'' and all that follows through the period 
                at the end and inserting the following:
            ``(1) In general.--Whenever any species is listed as a 
        threatened species pursuant this section, the Secretary shall 
        promulgate species-specific regulations that the Secretary 
        determines are appropriate to provide for the conservation of 
        the threatened species.'';
                    (B) in the second sentence, by striking ``The 
                Secretary may by regulation'' and inserting the 
                following:
            ``(2) Taking prohibitions.--Subject to paragraph (3), the 
        Secretary, by species-specific regulation, may''; and
                    (C) in paragraph (2) (as so designated)--
                            (i) by inserting a comma after ``section 
                        9(a)(2)''; and
                            (ii) by striking ``endangered species;'' 
                        and all that follows through the period at the 
                        end and inserting the following: ``endangered 
                        species.
            ``(3) Taking of resident species.--With respect to the 
        taking of resident species of fish or wildlife, a regulation 
        promulgated under paragraph (2) shall apply in any State which 
        has entered into a cooperative agreement pursuant to section 
        6(c) only to the extent that the regulation has also been 
        adopted by that State.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to species listed or reclassified as threatened 
        species under section 4 of the Endangered Species Act of 1973 
        (16 U.S.C. 1533) on, prior to, or after the date of enactment 
        of this Act.
    (g) Consultations.--
            (1) Expedited consultations.--Section 7(a) of the 
        Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended 
        by adding at the end the following:
    ``(5) Expedited Consultations.--
            ``(A) In general.--On request of a Federal agency, and in 
        cooperation with a prospective permit or license applicant, as 
        applicable, the Secretary and the Federal agency shall initiate 
        an expedited consultation with respect to an agency action that 
        has minimal or predictable effects on a listed species or a 
        critical habitat based on prior consultations the Federal 
        agency has conducted with the Secretary under this subsection.
            ``(B) Timeline.--
                    ``(i) In general.--Subject to clause (ii), if a 
                Federal agency requests an expedited consultation under 
                subparagraph (A) after determining that the agency 
                action to be carried out by the Federal agency has 
                minimal or predictable effects on a listed species or a 
                critical habitat, the Secretary shall, not later than 
                30 days after the date on which the Secretary receives 
                the determination of the Federal agency, approve or 
                deny the request for an expedited consultation.
                    ``(ii) Extended timeline.--On mutual agreement 
                between the Secretary and the Federal agency, the 
                Secretary may extend the timeline described in clause 
                (i) to a period of not more 60 days after the date on 
                which the Federal agency requests an expedited 
                consultation under subparagraph (A).''.
            (2) Consultations not required for permits for dredged or 
        fill material.--Section 7(a) of the Endangered Species Act of 
        1973 (16 U.S.C. 1536(a)) (as amended by paragraph (1)) is 
        amended by adding at the end the following:
    ``(6) Nonapplicability to Nationwide Permits for Dredged or Fill 
Material.--The requirements of this subsection shall not apply to any 
agency action relating to the reissuance of a general permit on a 
nationwide basis under section 404 of the Federal Water Pollution 
Control Act (33 U.S.C. 1343).''.
    (h) Timelines for Agency Actions.--Section 7(b)(1) of the 
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended--
            (1) in subparagraph (A), by striking ``90-day'' and 
        inserting ``60-day''; and
            (2) in subparagraph (B)--
                    (A) in the matter preceding clause (i)--
                            (i) by striking ``90 days'' and inserting 
                        ``60 days''; and
                            (ii) by striking ``90th day'' and inserting 
                        ``60th day'';
                    (B) in clause (i), in the matter preceding 
                subclause (I), by striking ``150th day'' and inserting 
                ``100th day''; and
                    (C) in clause (ii), by striking ``150'' and 
                inserting ``100''.
    (i) Requirements for Designating Critical Habitat.--Section 4(a)(3) 
of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) (as 
amended by subsection (d)) is amended by adding at the end the 
following:
    ``(D) Requirements for Designating Critical Habitat.--In 
designating habitat as critical habitat under this paragraph, the 
Secretary shall designate only the abiotic and biotic setting that 
currently or periodically contains the resources and conditions 
necessary to support 1 or more life processes of a species.''.
    (j) Biological Opinions.--Section 7 of the Endangered Species Act 
of 1973 (16 U.S.C. 1536) is amended by adding at the end the following:
    ``(q) Biological Opinions.--
            ``(1) Definition of biological opinion.--In this 
        subsection, the term `biological opinion' means the document 
        that states the opinion of the Secretary as to whether or not 
        an agency action is likely--
                    ``(A) to jeopardize the continued existence of a 
                listed species; or
                    ``(B) result in the destruction or adverse 
                modification of critical habitat of that species.
            ``(2) Requirements.--A biological opinion shall include--
                    ``(A) a summary of the information on which the 
                biological opinion is based;
                    ``(B) a detailed discussion of the environmental 
                baseline of the listed species and critical habitat;
                    ``(C) a detailed discussion of the effects of the 
                agency action on the listed species or critical 
                habitat; and
                    ``(D) the opinion of the Secretary on whether the 
                agency action is--
                            ``(i) likely to jeopardize the continued 
                        existence of a listed species or result in the 
                        destruction or adverse modification of critical 
                        habitat, which shall be known as a `jeopardy' 
                        biological opinion; or
                            ``(ii) not likely to jeopardize the 
                        continued existence of a listed species or 
                        result in the destruction or adverse 
                        modification of critical habitat, which shall 
                        be known as a `no jeopardy' biological opinion.
            ``(3) Adoption of entire initiation package.--In a 
        biological opinion, the Secretary may adopt all or part of the 
        initiation package of a Federal agency prepared in accordance 
        with section 402.14(c) of title 50, Code of Federal Regulations 
        (as in effect on October 28, 2019).
            ``(4) Reasonable and prudent alternative measures.--
                    ``(A) Definition of reasonable and prudent 
                alternative.--In this paragraph, the term `reasonable 
                and prudent alternative' means an alternative action 
                identified during a formal consultation that--
                            ``(i) can be implemented in a manner 
                        consistent with the intended purpose of the 
                        action;
                            ``(ii) can be implemented consistent with 
                        the scope of the legal authority and 
                        jurisdiction of a Federal agency; and
                            ``(iii) is economically and technologically 
                        feasible.
                    ``(B) Inclusion of reasonable and prudent 
                alternatives.--In preparing a biological opinion, the 
                Secretary shall include reasonable and prudent 
                alternatives, as applicable.
                    ``(C) No reasonable and prudent alternatives.--If 
                the Secretary is unable to develop reasonable and 
                prudent alternatives to include in a biological opinion 
                in accordance with subparagraph (B), the Secretary 
                shall indicate that, to the knowledge of the Secretary, 
                no reasonable or prudent alternatives exist.''.

SEC. 5. EXPEDITING COMPLETION OF THE MOUNTAIN VALLEY PIPELINE.

    (a) Definition of Mountain Valley Pipeline.--In this section, the 
term ``Mountain Valley Pipeline'' means the Mountain Valley Pipeline 
project, as generally described and approved in Federal Energy 
Regulatory Commission Docket Nos. CP16-10 and CP19-477.
    (b) Expedited Approval.--Notwithstanding any other provision of 
law, not later than 21 days after the date of enactment of this Act and 
for the purpose of facilitating the completion of the Mountain Valley 
Pipeline--
            (1) the Secretary of the Army shall issue all permits or 
        verifications necessary--
                    (A) to complete the construction of the Mountain 
                Valley Pipeline across the waters of the United States; 
                and
                    (B) to allow for the operation and maintenance of 
                the Mountain Valley Pipeline;
            (2) the Secretary of Agriculture shall amend the Land and 
        Resource Management Plan for the Jefferson National Forest in a 
        manner that is substantively identical to the record of 
        decision with respect to the Mountain Valley Pipeline issued on 
        January 11, 2021; and
            (3) the Secretary of the Interior shall--
                    (A) reissue the biological opinion and incidental 
                take statement for the Mountain Valley Pipeline in a 
                manner that is substantively identical to the 
                biological opinion and incidental take statement 
                previously issued on September 4, 2020; and
                    (B) grant all necessary rights-of-way and temporary 
                use permits in a manner that is substantively identical 
                to those permits approved in the record of decision 
                with respect to the Mountain Valley Pipeline issued on 
                January 14, 2021.
    (c) Judicial Review.--No action taken by the Secretary of the Army, 
the Federal Energy Regulatory Commission, the Secretary of Agriculture, 
or the Secretary of the Interior that grants an authorization, permit, 
verification, biological opinion, incidental take statement, or any 
other approval related to the Mountain Valley Pipeline, including the 
issuance of any authorization, permit, verification, authorization, 
biological opinion, incidental take statement, or other approval 
described in subsection (b), shall be subject to judicial review.
    (d) Effect.--This section preempts any statute (including any other 
section of this Act), regulation, judicial decision, or agency guidance 
that is inconsistent with the issuance of any authorization, permit, 
verification, authorization, biological opinion, incidental take 
statement, or other approval described in subsection (b).
                                 <all>