[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1449 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1449
To improve the environmental review process, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mrs. Capito (for herself, Mr. Barrasso, Mr. Cramer, Ms. Lummis, Mr.
Ricketts, Mr. Boozman, Mr. Wicker, Mr. Sullivan, Mr. Graham, and Mr.
Risch) introduced the following bill; which was read twice and referred
to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To improve the environmental review process, 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 ``Revitalizing the Economy by
Simplifying Timelines and Assuring Regulatory Transparency Act'' or the
``RESTART Act''.
SEC. 2. MODERNIZING THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
(a) Existing NEPA Requirements.--Section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
(1) in subparagraph (A), by striking ``insure'' and
inserting ``ensure'';
(2) in subparagraph (B), by striking ``insure'' and
inserting ``ensure'';
(3) in subparagraph (C)--
(A) by inserting ``consistent with the requirements
of this Act and except as provided by any other
provision of law,'' before ``include in every'';
(B) by striking clauses (i) through (v) and
inserting the following:
``(i) a reasonable number of alternatives
to the major Federal action and effects of
those alternatives, including an analysis of
any negative effects of not implementing the
major Federal action in the case of a no action
alternative;
``(ii) the relationship between local
short-term uses of the human environment and
the maintenance and enhancement of long-term
productivity; and
``(iii) any irreversible and irretrievable
commitments of Federal resources that would be
involved in the major Federal action if the
action is implemented.''; and
(C) in the undesignated matter following clause
(iii) (as so amended), in the second sentence, by
striking ``the responsible Federal official'' and
inserting ``the head of the Federal lead agency'';
(4) in subparagraph (D)--
(A) in the matter preceding clause (i), by striking
``official, if:'' and inserting ``official if--'';
(B) in each of clauses (i) and (ii), by striking
the comma at the end and inserting a semicolon;
(C) in clause (iii), by striking ``, and'' and
inserting ``; and''; and
(D) in clause (iv), by striking the period at the
end and inserting a semicolon;
(5) by redesignating subparagraphs (D) through (I) as
subparagraphs (F) through (K), respectively;
(6) by inserting after the undesignated matter following
subparagraph (C) the following:
``(D) ensure the professional integrity, including
scientific integrity, of the discussion and analysis in
an environmental document;
``(E) make use of reliable existing data and
resources in carrying out this Act;'';
(7) by striking subparagraph (G) (as so redesignated) and
inserting the following:
``(G) consistent with the requirements of this Act,
study, develop, and describe technically feasible
alternatives in the jurisdiction and authority of the
Federal agency;''; and
(8) in subparagraph (H) (as so redesignated), by inserting
``consistent with the requirements of this Act,'' before
``recognize''.
(b) 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) Alternative.--The term `alternative' means an agency
action, other than a proposed agency action, that--
``(A) is technically and economically feasible;
``(B) is within the jurisdiction of the Federal
agency;
``(C) meets the purpose and need of the proposed
agency action; and
``(D) meets the goals of the project sponsor.
``(2) Authorization.--
``(A) In general.--Except as provided in
subparagraph (B), the term `authorization' means any
license, permit, approval, finding, determination, or
other administrative decision issued by a Federal
agency that is required or authorized under Federal law
to implement a proposed agency action.
``(B) Programmatic or planning actions.--The term
`authorization', with respect to a proposed agency
action that is a programmatic or planning action, does
not include a site-specific decision that is intended
to implement that action at a later date.
``(3) Categorical exclusion.--The term `categorical
exclusion' means a category of actions that a Federal agency
has determined, according to procedures established by the
Federal agency, do not normally have a significant effect on
the human environment.
``(4) Cooperating agency.--The term `cooperating agency'
means any Federal agency or State, Tribal, or local agency that
has been designated as a cooperating agency under section
111(a)(4).
``(5) Council.--The term `Council' means the Council on
Environmental Quality.
``(6) Effects.--
``(A) In general.--The term `effects' means changes
to the human environment as a result of a proposed
agency action or an alternative, as applicable, to be
carried out by a Federal agency that--
``(i) are reasonably foreseeable, including
changes that may occur not later than 10 years
after the date on which the lead agency begins
preparing an environmental document in an area
directly affected by the proposed agency action
or alternative, as applicable, such that an
individual of ordinary prudence would take such
occurrence into account in reaching a decision;
and
``(ii) have a proximate causal relationship
to the proposed agency action or an
alternative, as applicable.
``(B) Requirement.--For purposes of subparagraph
(A)(ii), a `but for' causal relationship is
insufficient to establish a proximate causal
relationship.
``(7) 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 agency action.
``(8) Environmental document.--The term `environmental
document' includes an environmental assessment, a finding of no
significant impact, a notice of intent, and an environmental
impact statement.
``(9) Environmental impact statement.--The term
`environmental impact statement' means a detailed statement
required to be prepared for a major Federal action
significantly affecting the quality of the human environment in
accordance with title I.
``(10) Environmental review.--The term `environmental
review' means the process of preparing, for a proposed agency
action in accordance with this Act, an environmental impact
statement, an environmental assessment, a categorical
exclusion, a finding of no significant impact, or a record of
decision.
``(11) Federal agency.--The term `Federal agency' has the
meaning given the term `agency' in section 551 of title 5,
United States Code.
``(12) Finding of no significant impact.--The term `finding
of no significant impact' means a document prepared by a
Federal agency briefly presenting the reasons why a proposed
agency action, not subject to a categorical exclusion--
``(A) will not have a significant effect on the
human environment; and
``(B) will not have an environmental impact
statement prepared for the action.
``(13) Involved federal agency.--The term `involved Federal
agency' means a Federal agency that, with respect to a proposed
agency action--
``(A) proposed the action; or
``(B) is involved in the action because the action
is directly related, through functional interdependence
or geographic proximity, to an action the Federal
agency has taken or has proposed to take.
``(14) Lead agency.--The term `lead agency' means the
agency or agencies, in the case of joint lead agencies,
preparing or having taken primary responsibility for carrying
out any requirements relating to an environmental review for a
proposed agency action pursuant to this Act.
``(15) Major federal action.--
``(A) In general.--The term `major Federal action'
means an action that the Federal agency carrying out
the action determines is subject to substantial Federal
control and responsibility.
``(B) Exclusions.--The term `major Federal action'
does not include--
``(i) a non-Federal action--
``(I) with no or minimal Federal
funding;
``(II) with no or minimal Federal
involvement where a Federal agency
cannot control the outcome of the
project; or
``(III) that does not include
Federal land;
``(ii) funding assistance solely in the
form of general revenue sharing funds that do
not provide Federal agency compliance or
enforcement responsibility over the subsequent
use of those funds;
``(iii) loans, loan guarantees, or other
forms of financial assistance where a Federal
agency does not exercise sufficient control and
responsibility over the effect of the action;
``(iv) farm ownership and operating loan
guarantees by the Farm Service Agency pursuant
to sections 305 and 311 through 319 of the
Consolidated Farm and Rural Development Act (7
U.S.C. 1925, 1941-1949);
``(v) business loan guarantees provided by
the Small Business Administration pursuant to
subsection (a) or (b) of section 7 of the Small
Business Act (15 U.S.C. 636), or title V of the
Small Business Investment Act of 1958 (15
U.S.C. 695 et seq.);
``(vi) bringing judicial or administrative
civil or criminal enforcement actions; or
``(vii) extraterritorial activities or
decisions, including agency activities or
decisions with effects located entirely outside
of the jurisdiction of the United States.
``(C) Determination.--An agency action may not be
determined to be a major Federal action solely on the
basis of--
``(i) an interstate effect of the action or
related project; or
``(ii) the provision of Federal funds for
the action or related project.
``(16) Notice of intent.--The term `notice of intent' means
a public notice that a Federal agency intends to prepare and
consider an environmental impact statement for a proposed
agency action.
``(17) Page.--The term `page' means a page that contains
not more than 500 words, not including any explanatory maps,
diagrams, graphs, tables, or other means of graphically
displaying quantitative or geospatial information.
``(18) Project sponsor.--The term `project sponsor' means
the agency or other entity, including any private or public-
private entity, that seeks an authorization for a proposed
agency action.
``(19) Proposed agency action.--The term `proposed agency
action' means an action at a stage when a Federal agency--
``(A) has a goal;
``(B) is actively preparing to make a decision on 1
or more alternatives to accomplish that goal; and
``(C) can meaningfully evaluate the effects of the
action.
``(20) Special expertise.--The term `special expertise',
with respect to a proposed agency action, means--
``(A) having statutory responsibility;
``(B) that the proposed agency action aligns with
the mission of a Federal agency; or
``(C) having related program experience relating to
that proposed agency action.''.
(c) Procedure for Determination of Level of Review.--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. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW.
``(a) Threshold Determinations.--A Federal agency shall not be
required to prepare an environmental document with respect to a
proposed agency action if--
``(1) the proposed agency action is not a final agency
action (within the meaning of chapter 5 of title 5, United
States Code);
``(2) the proposed agency action is covered by a
categorical exclusion established by the agency, a Federal
agency, or any other provision of law;
``(3) the preparation of an environmental document would
clearly and fundamentally conflict with the requirements of
another provision of law;
``(4) the proposed agency action is, in whole or in part, a
nondiscretionary action with respect to which the agency does
not have authority to take environmental factors into
consideration in determining whether to carry out the proposed
action;
``(5) the proposed agency action is a rulemaking that is
subject to section 553 of title 5, United States Code; or
``(6) the proposed agency action is an action for which the
compliance of the agency with the requirements of another law
serves the same or similar function as the requirements of this
Act with respect to the action.
``(b) Levels of Review.--
``(1) Environmental impact statement.--Pursuant to section
102(2)(C), a Federal agency shall issue an environmental impact
statement with respect to a major Federal action that has a
significant effect on the quality of the human environment.
``(2) Environmental assessment.--
``(A) In general.--A Federal agency shall prepare
an environmental assessment with respect to a proposed
agency action--
``(i) that is not likely to have a
significant effect on the quality of the human
environment; or
``(ii) for which the significance of the
effect on the quality of the human environment
is unknown.
``(B) Requirement.--An environmental assessment
prepared under subparagraph (A) shall be a concise
public document prepared by a Federal agency that
briefly provides evidence and analysis for determining
whether to prepare an environmental impact statement or
a finding of no significant impact.
``(3) Sources of information.--In making a determination
under this subsection, an agency--
``(A) may make use of any reliable data source; and
``(B) shall not be required to carry out new
scientific or technical research.''.
(d) Environmental Impact Statement Requirements.--
(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. 107. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENTS.
``(a) Statement of Purpose and Need.--
``(1) In general.--Subject to paragraph (2), an
environmental impact statement shall briefly specify--
``(A) the underlying purpose and need to which a
Federal agency is responding; and
``(B) the major Federal action, at least 1
alternative, and the effects of the major Federal
action and any alternative.
``(2) Statutory authority.--When the statutory duty of a
Federal agency is to review an application for a proposed
agency action, the Federal agency shall base the purpose and
need to which the Federal agency is responding on the goals of
the project sponsor and the authority of the Federal agency.
``(b) Cover Sheet.--The cover sheet for an environmental impact
statement shall include a statement of the estimated total cost of
preparing the environmental impact statement, including the costs of
Federal agency full-time equivalent personnel hours, contractor costs,
and other direct costs.
``(c) Page Limits.--
``(1) In general.--Except as provided in paragraph (2), an
environmental impact statement for a major Federal action shall
not exceed 150 pages.
``(2) Unusual complexity.--An environmental impact
statement for a major Federal action of unusual complexity, as
determined by the applicable Federal agency, shall not exceed
300 pages.
``(d) Timeline 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 for a major
Federal action, the Federal agency shall publish in the Federal
Register the final environmental impact statement or notice of
availability of the final environmental impact statement for
the major Federal action.
``(2) Failure to act.--
``(A) In general.--If a Federal agency fails to
publish a final environmental impact statement or
notice of availability of the final environmental
impact statement in accordance with the timeline
described in paragraph (1), and the timeline has not
been extended in accordance with paragraph (3), the
requirements of this title shall be deemed to have been
fulfilled for the major Federal action.
``(B) No judicial review.--A major Federal action
deemed to fulfill the requirements of this title under
subparagraph (A) shall not be subject to judicial
review under this title or subchapter II of chapter 5,
and chapter 7, of title 5, United States Code (commonly
known as the `Administrative Procedure Act').
``(3) Extension.--The timeline established under paragraph
(1) may only be extended if--
``(A) the extension is requested, in writing, by
the project sponsor; and
``(B) the applicable Federal agency concurs, in
writing, with the extension.
``(e) Specificity of Comments and Information.--
``(1) Request for public comment.--A notice of availability
of a draft environmental impact statement or draft
environmental impact statement published in the Federal
Register shall include a request for public comment, within a
comment period provided by the applicable Federal agency, on--
``(A) the applicable major Federal action, at least
1 alternative to the major Federal action, and the
effects of each; and
``(B) relevant information, studies, or analyses
with respect to the applicable major Federal action.
``(2) Comments on draft environmental impact statements.--
Comments and objections relating to a draft environmental
impact statement for a major Federal action shall be raised
within a comment period provided by the applicable Federal
agency, as described in paragraph (1).
``(3) Unexhausted and forfeited comments.--Comments and
objections not provided within a comment period described in
paragraph (1)--
``(A) shall be considered unexhausted and
forfeited; and
``(B) shall not be grounds for judicial review.
``(f) Record of Decision.--Each record of decision prepared for a
final environmental impact statement by a Federal agency for a major
Federal action shall--
``(1) contain a statement certifying that the Federal
agency considered at least 1 alternative and information and
analyses relating to the major Federal action submitted during
the process of carrying out the requirements of this title; and
``(2) be issued not later than 90 days after the date on
which the Federal agency publishes the final environmental
impact statement or notice of availability of the final
environmental impact statement in the Federal Register.
``(g) Deadline for Issuance of Authorizations.--
``(1) Environmental impact statements.--For a major Federal
action for which a record of decision described in subsection
(f) is prepared, all authorizations required under any other
Federal law associated with the record of decision shall be
issued not later than 90 days after the date on which the
Federal agency publishes the final record of decision or notice
of availability of the record of decision for the major Federal
action in the Federal Register.
``(2) Deemed fulfilled.--For a major Federal action deemed
to have fulfilled the requirements of this title under
subsection (d)(2)(A), all authorizations required under any
other Federal law shall be issued not later than 90 days after
the date on which the requirements were deemed to have been
fulfilled under that subsection.''.
(2) Conforming amendments.--Section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) (as
amended by subsection (a)) 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 (iii), 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 (F)--
(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) Environmental Assessment Requirements.--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. 108. ENVIRONMENTAL ASSESSMENT REQUIREMENTS.
``(a) Statement of Purpose and Need.--
``(1) In general.--Subject to paragraph (2), an
environmental assessment shall briefly specify--
``(A) the underlying purpose and need to which a
Federal agency is responding; and
``(B) the proposed agency action and the effects of
the proposed agency action.
``(2) Statutory authority.--When the statutory duty of a
Federal agency is to review an application for a proposed
agency action, the Federal agency shall base the purpose and
need to which the Federal agency is responding on the goals of
the project sponsor and the authority of the Federal agency.
``(b) Time Limit for Preparing and Environmental Assessment.--
``(1) In general.--Not later than 1 year after the date on
which a Federal agency decides to prepare an environmental
assessment for a proposed agency action, the Federal agency
shall publish in the Federal Register--
``(A) a notice of availability of the environmental
assessment; and
``(B) the associated finding of no significant
impact or notice of availability of the associated
finding of no significant impact or notice of intent,
as applicable.
``(2) Failure to act.--
``(A) In general.--If a Federal agency fails to
publish a notice of availability of the environmental
assessment and associated finding of no significant
impact or notice of intent, as applicable, in
accordance with the timeline described in paragraph
(1), and the timeline has not been extended in
accordance with paragraph (3), the proposed agency
action shall be deemed to have no significant impacts
and the requirements of this title shall be deemed to
have been fulfilled for that proposed agency action.
``(B) No judicial review.--A proposed agency action
deemed to have no significant impacts and to fulfill
the requirements of this title under subparagraph (A)
shall not be subject to judicial review under this
title or subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
`Administrative Procedure Act').
``(3) Extension.--The timeline established under paragraph
(1) may only be extended if--
``(A) the extension is requested, in writing, by
the project sponsor; and
``(B) the Federal agency concurs, in writing, with
the extension.
``(4) Deadline for issuance of authorizations.--
``(A) Materials published.--For a proposed agency
action for which the materials described in
subparagraphs (A) and (B) of paragraph (1) were
published in the Federal Register, all authorizations
required under any other Federal law shall be issued
not later than 90 days after the date on which those
materials were published.
``(B) Deemed to have no significant impacts.--For a
proposed agency action that is deemed to have no
significant impacts and for which the requirements of
this title are deemed to have been fulfilled under
paragraph (2)(A), all authorizations required under any
other Federal law shall be issued not later than 90
days after the date on which the proposed agency action
was so deemed under that paragraph.
``(c) Page Limits.--An environmental assessment shall not exceed 75
pages, unless otherwise approved and established, in writing, by the
head of the lead agency.''.
(f) Adoption of 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 CATEGORICAL EXCLUSIONS.
``A categorical exclusion established by a Federal agency for a
category of proposed agency actions shall be adopted by all other
Federal agencies and applied to any proposed agency action that is
within the category of proposed agency actions for which the
categorical exclusion was established.''.
(g) Efficient Reviews.--Title I of the National Environmental
Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as amended by subsection
(f)) is amended by adding at the end the following:
``SEC. 111. EFFICIENT REVIEWS.
``(a) Designation of Lead Agency.--
``(1) In general.--If there are 2 or more involved Federal
agencies that have authority with respect to a proposed agency
action, the involved Federal agencies shall determine, by
letter or memorandum, which Federal agency shall be the Federal
lead agency based on consideration of the following factors:
``(A) Magnitude of the involvement of each Federal
agency.
``(B) Special expertise concerning the effects of
the proposed agency action.
``(C) Duration of the involvement of each Federal
agency.
``(2) Joint lead agencies.--
``(A) In general.--In making a determination under
paragraph (1), the involved Federal agencies may
appoint State, Tribal, or local agencies as joint lead
agencies, as determined appropriate by the involved
Federal agencies.
``(B) Roles.--Joint lead agencies shall jointly
fulfill the role described in paragraph (3).
``(3) Role.--A lead agency shall, with respect to a
proposed agency action--
``(A) supervise the preparation of an environmental
document if, with respect to the proposed agency
action, there is more than 1 involved Federal agency;
``(B) request the participation of each cooperating
agency at the earliest practicable time;
``(C) in preparing an environmental document, give
consideration to any analysis or proposal created by a
cooperating agency with jurisdiction by law or with
special expertise;
``(D) develop a schedule with concurrent reviews,
in consultation with each involved Federal agency, the
project sponsor, and such other entities as the lead
agency determines appropriate, for completion of any
environmental review or authorization relating to the
proposed agency action;
``(E) if the lead agency determines that an
authorization will not be completed in accordance with
the schedule developed under subparagraph (D), notify
the Federal agency responsible for issuing the
authorization and request that the agency take such
measures as the agency determines appropriate to comply
with the schedule; and
``(F) meet with a cooperating agency that requests
a meeting.
``(4) Cooperating agency.--
``(A) Designation.--The lead agency may, with
respect to a proposed agency action, designate any
involved Federal agency or a State, Tribal, or local
agency as a cooperating agency.
``(B) Submission of comments.--A cooperating agency
may, not later than a date specified by the lead
agency, submit comments to the lead agency, which shall
be limited to matters relating to the proposed agency
action with respect to which the cooperating agency has
special expertise or jurisdiction by law with respect
to an environmental issue.
``(5) Request for designation of a federal lead agency.--
``(A) In general.--A project sponsor or any Federal
agency or State, Tribal, or local agency that is
substantially affected by the lack of a designation of
a lead agency with respect to a proposed agency action
under paragraph (1) may submit a written request for
such a designation to each involved Federal agency.
``(B) Submission.--An agency that receives a
request under subparagraph (A) shall submit the request
to each involved Federal agency and the Council.
``(6) Council designation of a federal lead agency.--
``(A) Request.--
``(i) In general.--Not earlier than 45 days
after the date on which a request is submitted
under paragraph (5), if no designation has been
made under paragraph (1), the project sponsor
or a Federal agency or State, Tribal, or local
agency that is substantially affected by the
lack of a designation of a lead agency may
request that the Council designate a Federal
lead agency.
``(ii) Requirements.--A request made under
clause (i) shall include--
``(I) a precise description of the
nature and extent of the proposed
agency action; and
``(II) a detailed statement with
respect to each involved Federal agency
and each factor described in
subparagraphs (A) through (D) of
paragraph (1) with respect to which
Federal agency should serve as the
Federal lead agency.
``(B) Submission.--The Council shall submit a
request received under subparagraph (A) to each
involved Federal agency.
``(C) Response.--An involved Federal agency may,
not later than 20 days after the date of the submission
of a request under subparagraph (A), submit to the
Council a response to the request.
``(D) Designation.--Not later than 40 days after
the date on which an agency or a project sponsor
submits a request under subparagraph (A)(i), the
Council shall designate the Federal lead agency with
respect to the applicable proposed agency action.
``(b) Single Environmental Document and Joint Record of Decision.--
``(1) In general.--Except as provided in paragraph (4), all
authorizations relating to a proposed agency action shall rely
on a single environmental document and joint record of decision
for each kind of environmental document and joint record of
decision prepared under this title under the leadership of a
lead agency.
``(2) Use of environmental document and record of
decision.--
``(A) In general.--The lead agency shall develop
environmental documents and records of decision
sufficient to satisfy the requirements for any
authorization or other action required for or related
to a proposed agency action, including authorizations
by other Federal agencies.
``(B) Cooperation of involved federal agencies.--
Involved Federal agencies shall--
``(i) cooperate with the lead agency; and
``(ii) provide timely information to assist
the lead agency in carrying out the
requirements of this subsection.
``(3) Treatment as involved federal agencies.--A Federal
agency with responsibility to issue an authorization or take an
action for or related to a proposed agency action shall work
with the lead agency to ensure that the agency issuing the
authorization or taking the action is treated as an involved
Federal agency for the action.
``(4) Exceptions.--The lead agency may waive the
requirements of paragraph (1) with respect to a proposed agency
action if--
``(A) the project sponsor requests that agencies
issue separate environmental documents; or
``(B) the obligations of a cooperating agency or
other involved Federal agency under this title have
already been satisfied with respect to the proposed
agency action.
``(c) Scope of Review.--In developing an environmental document for
a proposed agency action, the lead agency and any other involved
Federal agencies shall only consider the effects of the proposed agency
action that--
``(1) occur on Federal land; or
``(2) are subject to Federal control and responsibility.
``(d) Project Sponsor Preparation.--
``(1) In general.--A lead agency shall allow a project
sponsor to prepare an environmental document for a proposed
agency action on request of the project sponsor.
``(2) Guidance.--A lead agency may provide a project
sponsor that elects to prepare an environmental document under
paragraph (1) with appropriate guidance and assistance in the
preparation of that environmental document.
``(3) Independent verification.--A lead agency shall--
``(A) independently evaluate the environmental
document prepared by a project sponsor under paragraph
(1); and
``(B) take responsibility for the contents of the
environmental document on adoption.''.
(h) Judicial Review.--Title I of the National Environmental Policy
Act of 1969 (42 U.S.C. 4331 et seq.) (as amended by subsection (g)) is
amended by adding at the end the following:
``SEC. 112. JUDICIAL REVIEW.
``(a) Definition of Covered Cause of Action.--In this section, the
term `covered cause of action' means a cause of action that--
``(1) is filed on or after the date of enactment of this
section; and
``(2) seeks judicial review--
``(A) of a record of decision or finding of no
significant impact based on a claim that an
environmental review was improperly conducted or an
environmental document is invalid under subchapter II
of chapter 5, and chapter 7, of title 5, United States
Code (commonly known as the `Administrative Procedure
Act'); or
``(B) under Federal law of an authorization issued
under section 107(g) or 108(b)(4).
``(b) Termination of Cause of Action.--
``(1) Definitions.--In this subsection:
``(A) Fully constructed.--The term `fully
constructed', with respect to a project or activity,
means that construction of the project or activity was
completed--
``(i) on the date of enactment of this
section; or
``(ii) at some point during the 180-day
period preceding that date of enactment.
``(B) Operational.--The term `operational', with
respect to a project or activity, means that the
project or activity is in operation in some form,
including test mode--
``(i) on the date of enactment of this
section; or
``(ii) at some point during the 180-day
period preceding that date of enactment.
``(2) Termination.--Any claim (including any claim pending
in a court on the date of enactment of this section) that seeks
judicial review of a record of decision or finding of no
significant impact based on an objection that an environmental
review was improperly conducted, and any claim that seeks
judicial review of an environmental document as invalid under
subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the `Administrative Procedure
Act'), shall be moot and barred on the date of enactment of
this section if--
``(A) a record of decision or finding of no
significant impact has been issued by a Federal agency
at the time at which the project or activity began; and
``(B) the project or activity for which the record
of decision or finding of no significant impact was
issued is fully constructed or operational.
``(c) Deadline for Filing.--
``(1) In general.--Notwithstanding any other provision of
Federal law, a covered cause of action shall be filed by the
date that is 60 days after--
``(A) the date on which the lead agency publishes
in the Federal Register the record of decision or
notice of availability of the record of decision, in
the case of an environmental review resulting in a
final environmental impact statement;
``(B) the date on which the Federal lead agency
publishes in the Federal Register a finding of no
significant impact or notice of availability of the
finding of no significant impact, in the case of an
environmental review resulting in a finding of no
significant impact; or
``(C) the date on which a Federal agency issues an
authorization, in the case of an authorization issued
under section 107(g) or 108(b)(4).
``(2) Prohibition.--A covered cause of action that is not
filed by the deadline described in paragraph (1) shall be
barred.
``(d) Deadline for Resolution.--A district court of the United
States shall render a final judgment on a covered cause of action--
``(1) as expeditiously as practicable; and
``(2) not later than the date that is 180 days after the
date on which the covered cause of action is filed.
``(e) Appellate Review.--A court of appeals of the United States
shall render final judgment on a covered cause of action subject to its
original jurisdiction or an interlocutory order or final judgment,
decree, or order of a district court of the United States in a covered
cause of action--
``(1) as expeditiously as practicable; and
``(2) not later than the date that is 180 days after the
date on which the applicable interlocutory order or final
judgment, decree, or order of the district court was issued.
``(f) Remanded Actions.--
``(1) In general.--If a court of competent jurisdiction
remands a record of decision, a finding of no significant
impact, or an authorization under this title to a Federal
agency, the court shall set a reasonable schedule and deadline
for the Federal agency to act on remand, which shall not exceed
180 days from the date on which the order of the court was
issued.
``(2) Expedited treatment of remanded actions.--The head of
the Federal agency to which a court remands a record of
decision, a finding of no significant impact, or an
authorization under paragraph (1) shall take such actions as
may be necessary to provide for the expeditious disposition of
the action on remand in accordance with the schedule and
deadline set by the court under that paragraph.
``(g) Random Assignment of Cases.--To the maximum extent
practicable, district courts of the United States and courts of appeals
of the United States shall randomly assign cases seeking judicial
review in a covered cause of action to judges appointed, designated, or
assigned to sit as judges of the court in a manner to avoid the
appearance of favoritism or bias.
``(h) Effect.--Nothing in this section--
``(1) establishes a right to judicial review; or
``(2) places any limit on filing a claim that a person has
violated the terms of an authorization.
``(i) Application of Categorical Exclusions Not Subject to Judicial
Review.--Notwithstanding any other provision of law, the application of
a categorical exclusion to a final agency action by a Federal agency
shall not be subject to judicial review under this title or subchapter
II of chapter 5, and chapter 7, of title 5, United States Code
(commonly known as the `Administrative Procedure Act').
``(j) Treatment of Supplemental or Revised Environmental Documents
and Records of Decision.--For purposes of a covered cause of action--
``(1) a supplemental or revised environmental document or
record of decision for a proposed agency action, when required,
shall be considered to be a separate environmental document or
record of decision; and
``(2) the deadline for filing a claim for judicial review
of an environmental document or record of decision described in
paragraph (1) shall be the date that is 60 days after the date
of publication in the Federal Register of a notice of
availability of the environmental document or record of
decision, unless a shorter time is specified in the Federal law
pursuant to which judicial review is authorized.''.
SEC. 3. CLEAN WATER ACT PERMITTING AND STATE CERTIFICATION.
(a) In General.--Section 401 of the Federal Water Pollution Control
Act (33 U.S.C. 1341) is amended--
(1) in subsection (d), by striking ``(d) Any
certification'' and inserting the following:
``(e) Limitations and Monitoring Requirements of Certification.--
Any certification'';
(2) in subsection (c), by striking ``(c) In order'' and
inserting the following:
``(d) Authority of Secretary of the Army To Permit Use of Spoil
Disposal Areas by Federal Licensees or Permittees.--In order'';
(3) in subsection (b), by striking ``(b) Nothing'' and
inserting the following:
``(c) Compliance With Other Provisions of Law Setting Applicable
Water Quality Requirements.--Nothing'';
(4) 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) Definition of Water Quality Requirements.--In this section,
the term `water quality requirements' means--
``(1) the applicable provisions of sections 301, 302, 303,
306, and 307; and
``(2) any applicable State or Tribal regulatory
requirements for point source discharges into waters of the
United States.
``(b) 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 application, means, as
applicable--
``(I) the State or interstate
agency to which the certification
application was submitted; or
``(II) if no State or interstate
agency has the authority to provide the
certification described in subparagraph
(B), the Administrator.
``(B) Compliance with limitations.--
``(i) Certification source.--
``(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 to the Federal licensing or
permitting agency a certification from
the State in which the discharge
originates or will originate or, 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
that the discharge will comply with
water quality requirements.
``(II) Certification by
administrator.--If no State or
interstate water pollution control
agency has the authority to give a
certification described in subclause
(I), the Administrator is authorized to
provide the certification to the
Federal licensing or permitting agency.
``(ii) Certification of no limitation and
standard.--
``(I) In general.--In the case of
any discharge 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) Activity prohibited until
certification.--Activity 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.--The scope
of a certification provided under this section
shall be limited to ensuring that a discharge
from a federally licensed or permitted activity
complies with 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 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 is authorized to
provide to the applicable Federal
licensing or permitting agency--
``(aa) the specific water
quality requirements with which
the discharge will not comply;
``(bb) a statement
explaining why the discharge
will not comply with the
identified 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 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 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
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 water quality
requirements.
``(D) Review period.--
``(i) In general.--Subject to clause (iii),
a licensing or permitting agency shall,
categorically or on a case-by-case basis for
each certification application, establish a
reasonable period of time (not to exceed 1 year
from the date of receipt of the certification
application) within which a certifying
authority shall issue a final action on the
certification application.
``(ii) Failure to act.--If a certifying
authority fails or refuses to issue a final
action as described in subparagraph (F) on a
certification application by the end of the
reasonable period of time established under
clause (i) and the reasonable period of time
has not been extended in accordance with clause
(iii), the requirement for a certification
under subparagraph (B) shall be waived.
``(iii) Requirement for extension.--With
respect to a certification application, the
reasonable period of time established under
clause (i) may only be extended if--
``(I) the extension is requested,
in writing, by the applicant; and
``(II) the certifying authority
concurs, in writing, with the
extension.
``(E) Waiver of certification requirement.--
``(i) In general.--A certifying authority
may, at any time during the reasonable period
of time described in subparagraph (D),
affirmatively waive the requirement for a
certification under subparagraph (B).
``(ii) No judicial review.--Notwithstanding
any other provision of Federal law, including
any provision of this section, a waiver
pursuant to clause (i) shall not be subject to
judicial review.
``(F) Final action.--
``(i) In general.--Not later than the date
on which the reasonable period of time
established under subparagraph (D) for a
certification application ends or on the date
of a waiver pursuant to subparagraph (E)(i), as
applicable, 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
subparagraph (D) or (E) 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).
``(G) Enforcement of conditions.--The licensing or
permitting authority to which a certification under
this subsection was issued may enforce any conditions
included with that certification.
``(H) 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.''; and
(5) in subsection (b) (as so redesignated)--
(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''.
(b) Conforming Amendment.--Section 217(b)(2) of the Water Resources
Development Act of 1996 (33 U.S.C. 2326a(b)(2)) is amended by striking
``section 401(c) of the Federal Water Pollution Control Act (33 U.S.C.
1341(c))'' and inserting ``subsection (d) of section 401 of the Federal
Water Pollution Control Act (33 U.S.C. 1341)''.
SEC. 4. DEFINITION OF NAVIGABLE WATERS.
(a) In General.--Section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362) is amended--
(1) by striking the heading and section designation and all
that follows through ``Act:'' in the matter preceding paragraph
(1) and inserting the following:
``SEC. 502. GENERAL DEFINITIONS.
``In this Act:'';
(2) by indenting the margins of each of paragraphs (1)
through (20) appropriately;
(3) in each of paragraphs (1), (2), (3), (4), (5), (6),
(8), (9), (10), (11), (13), (14), (15), (16), (17), (18), (19),
and (20), by inserting a paragraph heading, the text of which
comprises the term defined in the paragraph;
(4) in paragraph (12), by striking ``(12) The term'' and
inserting the following:
``(12) Discharge of a pollutant; discharge of pollutants.--
The term'';
(5) by redesignating paragraphs (1) through (27) as
paragraphs (24), (10), (23), (12), (17), (19), (13), (25), (3),
(14), (6), (5), (26), (18), (1), (4), (22), (9), (20), (11),
(2), (7), (16), (15), (21), (27), and (8), respectively, and
moving the paragraphs so as to appear in numerical order; and
(6) by striking paragraph (13) (as so redesignated) and
inserting the following:
``(13) 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;
``(ii) a body of water, including a body of
water subject to the ebb and flow of the tide,
that--
``(I) is used in interstate or
foreign commerce;
``(II) has previously been used in
interstate or foreign commerce; or
``(III) may be susceptible for use
in interstate or foreign commerce;
``(iii) a tributary;
``(iv) a lake, pond, or covered
impoundment; and
``(v) adjacent wetland.
``(B) Exclusions.--The terms `navigable waters' and
`waters of the United States' do not include--
``(i) a body of water or a water feature
that is not described in subparagraph (A);
``(ii) groundwater, including groundwater
drained through a subsurface drainage system;
``(iii) an ephemeral feature, including an
ephemeral stream, swale, gully, rill, or pool;
``(iv) diffuse stormwater run-off and
directional sheet flow over upland;
``(v) a ditch that is not described in
clause (i), (ii), or (iii) of subparagraph (A);
``(vi) the portion of a ditch constructed
in an adjacent wetland that does not meet the
requirements described in subparagraph (C)(i);
``(vii) prior converted cropland;
``(viii) an artificially irrigated area,
including a field flooded for agricultural
production, that would revert to upland if the
application of irrigation waters to that areas
cease;
``(ix) an artificial lake or pond,
including a water storage reservoir and a farm,
irrigation, stock watering, or log cleaning
pond, that is constructed or excavated in
upland or in a body of water that is not
otherwise described in subparagraph (A), if the
artificial lake or pond is not otherwise a
lake, pond, or covered impoundment;
``(x) a water-filled depression constructed
or excavated in upland or in a body of water
that is not otherwise described in subparagraph
(A) that is incidental to mining or
construction activity;
``(xi) a pit excavated in upland or in a
body of water that is not otherwise described
in subparagraph (A) to obtain fill, sand, or
gravel;
``(xii) a stormwater control feature
constructed or excavated in upland or in a body
of water that is not otherwise described in
subparagraph (A) to convey, treat, infiltrate,
or store stormwater runoff;
``(xiii) a groundwater recharge, water
reuse, or wastewater recycling structure,
including a detention, retention, or
infiltration basin or pond, that is constructed
or excavated in upland or in a body of water
that is not otherwise described in subparagraph
(A); or
``(xiv) a waste treatment system.
``(C) Associated definitions.--In this paragraph:
``(i) Adjacent wetland.--
``(I) In general.--The term
`adjacent wetland' means a wetland
that--
``(aa) touches at least 1
point or side of a body of
water described in clause (i),
(ii), (iii), or (iv) of
subparagraph (A);
``(bb) is inundated by
flooding from a body of water
described in clause (i), (ii),
(iii), or (iv) of subparagraph
(A) in a typical year; or
``(cc) is physically
separated from a body of water
described in clause (i), (ii),
(iii), or (iv) of subparagraph
(A) only by--
``(AA) a natural
berm, bank, dune, or
similar natural
feature; or
``(BB) an
artificial dike, an
artificial barrier, or
a similar artificial
structure, if that
structure allows for a
direct hydrologic
surface connection
between the wetland and
the body of water
described in clause
(i), (ii), (iii), or
(iv) of subparagraph
(A) during a typical
year, such as through a
culvert, flood or tide
gate, pump, or similar
artificial feature.
``(II) Effect of roads and other
structures.--For the purposes of
subparagraph (A)(v), the division of an
adjacent wetland by a road or similar
artificial structure does not prevent
the adjacent wetland in its entirety
from being a navigable water or water
of the United States if the road or
similar artificial structure allows for
a direct hydrologic surface connection
through or over that structure in a
typical year.
``(ii) Body of water subject to the ebb and
flow of the tide.--
``(I) In general.--The term `body
of water subject to the ebb and flow of
the tide' means a body of water that
rises and falls in a predictable and
measurable rhythm or cycle due to the
gravitational pulls of the moon and
sun.
``(II) End of influence.--For
purposes of this clause, a body of
water described in subclause (I) ends
when the rise and fall of the water
surface can no longer be practically
measured in a predictable rhythm due to
masking by hydrologic, wind, or other
effects.
``(iii) Ditch.--The term `ditch' means a
constructed or excavated channel used to convey
water.
``(iv) Ephemeral.--The term `ephemeral'
means surface water flowing or pooling only in
direct response to precipitation, such as rain
or snow fall.
``(v) 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.
``(II) Inclusion.--The term `high
tide line' includes the maximum height
reached by a spring high tide or other
high tide that occurs with periodic
frequency.
``(III) Exclusion.--The term `high
tide line' does not include the maximum
height reached as a result of a storm
surge in which there is a departure
from the normal or predicted reach of
the tide due to the piling up of water
against a coast by strong winds, such
as those accompanying a hurricane or
other intense storm.
``(IV) Methods of determination in
the absence of data.--For purposes of
this clause, in the absence of data on
the high tide line, the high tide line
may be determined by--
``(aa) a line of oil or
scum along shore objects;
``(bb) a more or less
continuous deposit of fine
shell or debris on the
foreshore or berm;
``(cc) other physical
markings or characteristics;
``(dd) vegetation lines;
``(ee) tidal gages; or
``(ff) other suitable means
that delineate the general
height reached by a rising
tide.
``(vi) Intermittent.--The term
`intermittent' means surface water that flows
continuously during certain times of the year
and more than in direct response to
precipitation, such as water that flows
seasonally when the groundwater table is
elevated or when snowpack melts.
``(vii) Lake, pond, or covered
impoundment.--
``(I) In general.--The term `lake,
pond, or covered impoundment' means a
standing body of open water that
contributes surface water flow to a
body of water described in clause (i)
or (ii) of subparagraph (A) during a
typical year through--
``(aa) direct means; or
``(bb) 1 or more bodies of
water described in clause
(iii), (iv), or (v) of that
subparagraph.
``(II) Inclusion.--The term `lake,
pond, or covered impoundment' includes
a body of water described in subclause
(I) that--
``(aa) contributes surface
water flow to a downstream body
of water described in
subparagraph (A) in a typical
year through--
``(AA) a
channelized surface
water feature that is
not otherwise described
in that subparagraph;
``(BB) a culvert,
dike, spillway, or
other similar
artificial feature; or
``(CC) a debris
pile boulder field, or
similar natural
feature; or
``(bb) is inundated by
flooding from a body of water
described in clause (i), (ii),
(iii), or (iv) of subparagraph
(A) during a typical year.
``(viii) Ordinary high water mark.--The
term `ordinary high water mark' means a line on
the shore of a body of water--
``(I) established by the
fluctuations of the water; and
``(II) indicated by physical
characteristics such as--
``(aa) a clear, natural
line impressed on the bank;
``(bb) shelving;
``(cc) changes in the
character of the soil;
``(dd) destruction of
terrestrial vegetation;
``(ee) the presence of
litter and debris; and
``(ff) other appropriate
means that consider the
characteristics of the
surrounding areas.
``(ix) Perennial.--The term `perennial'
means surface water that flows continuously
throughout the year.
``(x) Prior converted cropland.--
``(I) In general.--The term `prior
converted cropland' means an 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) Designation by secretary of
agriculture.--For purposes of this
clause--
``(aa) the Secretary of
Agriculture may designate an
area as prior converted
cropland; and
``(bb) except as provided
in subclause (III), the
Administrator and the Secretary
shall recognize a designation
by the Secretary of Agriculture
under item (aa) for purposes of
this Act.
``(III) Exclusion.--
``(aa) In general.--The
term `prior converted cropland'
does not include an area
described in subclause (I) that
has, as determined by the
Secretary, in coordination with
the heads of other relevant
Federal agencies, as
appropriate--
``(AA) subject to
items (bb) and (cc),
been abandoned; and
``(BB) reverted to
a wetland.
``(bb) Abandonment.--For
purposes of subitem (AA) of
item (aa), an area described in
that item is considered
abandoned when the area is not
used for, or in support of,
agricultural purposes at least
once in the 5-year period
immediately preceding a
determination described in that
item.
``(cc) Final authority.--
Notwithstanding a determination
by the Secretary of whether an
area described in subclause (I)
has been abandoned, the
Administrator shall have final
authority to make that
determination.
``(xi) Secretary.--The term `Secretary'
means the Secretary of the Army, acting through
the Chief of Engineers.
``(xii) Snowpack.--The term `snowpack'
means 1 or more layers of snow that have
accumulated over an extended period of time in
certain geographic regions or at high
elevations, such as in northern climes or in
mountainous regions.
``(xiii) Tributary.--
``(I) In general.--The term
`tributary' means a river, stream, or
similar naturally occurring surface
water channel that contributes
perennial or intermittent surface water
flow to a body of water described in
clause (i) or (ii) of subparagraph (A)
in a typical year through--
``(aa) direct means; or
``(bb) 1 or more bodies of
water described in clause
(iii), (iv), or (v) of that
subparagraph.
``(II) Inclusion.--
``(aa) Alteration or
relocation.--The alteration or
relocation of a channel
described in subclause (I) does
not otherwise modify the status
of the channel under this
paragraph if the channel
continues to meet the
requirements of subclause (I)
after that alteration or
relocation.
``(bb) Effect of flow
through certain features.--A
channel described in subclause
(I) shall be considered a
tributary for purposes of this
clause if the channel
contributes surface water flow
in a typical year through--
``(AA) a
channelized surface
water feature that is
not otherwise described
in subparagraph (A);
``(BB) a
subterranean river;
``(CC) a culvert,
dam, tunnel, or similar
artificial feature; or
``(DD) a debris
pile, boulder field, or
similar natural
feature.
``(cc) Relocation.--A ditch
that relocates a tributary, is
constructed in a tributary, or
is constructed in an adjacent
wetland is a tributary if the
ditch meets the requirements of
subclause (I).
``(xiv) Typical year.--The term `typical
year' means a year within which precipitation
and other climactic variables are within the
normal periodic range (e.g., seasonally,
annually) for the geographic area of the
applicable body of water based on the most
recent 30-year period.
``(xv) Upland.--The term `upland' means a
land area that, under normal circumstances--
``(I) is not a wetland because it
does not meet the requirements
described in each of items (aa), (bb),
and (cc) of clause (xvii)(I); 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).
``(xvi) Waste treatment system.--The term
`waste treatment system' includes all
components, including lagoons and treatment
ponds (such as settling or cooling ponds), that
are 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).
``(xvii) Wetland.--
``(I) In general.--The term
`wetland' means an area--
``(aa) that is inundated or
saturated by surface water or
groundwater;
``(bb) for which the
inundation or saturation
described in item (aa) is at a
frequency and duration
sufficient to support, and that
under normal circumstances does
support, a prevalence of
vegetation; and
``(cc) in which the
vegetation described in item
(bb) is typically adapted for
life in saturated soil
conditions.
``(II) Inclusions.--The term
`wetland' includes swamps, marshes,
bogs, and similar areas.''.
(b) Conforming Amendments.--
(1) Section 109(e) of the Deep Seabed Hard Mineral
Resources Act (30 U.S.C. 1419(e)) is amended--
(A) by striking ``section 502(12)(B) of the Clean
Water Act'' and inserting ``paragraph (5)(B) of section
502 of the Federal Water Pollution Control Act (33
U.S.C. 1362)''; and
(B) by striking ``to the Clean Water Act'' and
inserting ``to the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.)''.
(2) Section 501(b) of the Water Resources Development Act
of 1992 (33 U.S.C. 1271 note; Public Law 102-580) is amended--
(A) in paragraph (2), by striking ``section 502(7)
of the Federal Water Pollution Control Act (33 U.S.C.
1362(7))'' and inserting ``section 502 of the Federal
Water Pollution Control Act (33 U.S.C. 1362)''; and
(B) in paragraph (3), by striking ``section 502(6)
of the Federal Water Pollution Control Act (33 U.S.C.
1362(6))'' and inserting ``section 502 of the Federal
Water Pollution Control Act (33 U.S.C. 1362)''.
(3) Section 309(c)(6) of the Federal Water Pollution
Control Act (33 U.S.C. 1319(c)(6)) is amended by striking
``section 502(5) of this Act'' and inserting ``section 502''.
(4) Section 107(f) of the Ocean Thermal Energy Conversion
Act of 1980 (42 U.S.C. 9117(f)) is amended by striking
``section 502(12)(B) of the Federal Water Pollution Control Act
of 1972 (33 U.S.C. 1362(12)(B))'' and inserting ``paragraph
(5)(B) of section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362)''.
SEC. 5. PROVIDING REGULATORY CERTAINTY UNDER THE FEDERAL WATER
POLLUTION CONTROL ACT.
(a) Codification of Nationwide Permits.--
(1) In general.--The Nationwide Permits issued, reissued,
or modified, as applicable, in the following final rules of the
Corps of Engineers are enacted into law:
(A) The final rule of the Corps of Engineers
entitled ``Reissuance and Modification of Nationwide
Permits'' (86 Fed. Reg. 2744 (January 13, 2021)).
(B) The final rule of the Corps of Engineers
entitled ``Reissuance and Modification of Nationwide
Permits'' (86 Fed. Reg. 73522 (December 27, 2021)).
(2) Period of applicability.--
(A) In general.--Paragraph (1) ceases to be
effective March 14, 2026.
(B) Effect.--Notwithstanding subparagraph (A), the
Nationwide Permits described in paragraph (1) shall
remain in effect on and after the date described in
that subparagraph until the date on which the
Nationwide Permits are reissued or modified.
(b) National Pollutant Discharge Elimination System.--Section
402(b)(1)(B) of the Federal Water Pollution Control Act (33 U.S.C.
1342(b)(1)(B)) is amended by striking ``five years'' and inserting ``10
years''.
(c) Certainty on Availability of National Pollutant Discharge
Elimination System General Permits.--Section 402(a)(3) of the Federal
Water Pollution Control Act (33 U.S.C. 1342(a)(3)) is amended--
(1) by striking ``(3) The permit'' and inserting the
following:
``(3) Terms, conditions, and requirements.--
``(A) In general.--Except as provided in
subparagraph (B), the permit''; and
(2) by adding at the end the following:
``(B) Exception.--Notwithstanding subsection
(b)(1)(B), a general permit issued or reissued by the
Administrator on or after September 19, 2017, under the
permit program under paragraph (1) shall remain in
effect until the date on which the Administrator
reissues or modifies that general permit.''.
(d) Permitting Requirements for Certain Discharges of Fire
Retardant.--
(1) Definition of federal land management agency.--In this
subsection, the term ``Federal land management agency'' means--
(A) the Forest Service;
(B) the National Park Service;
(C) the Bureau of Land Management;
(D) the United States Fish and Wildlife Service;
(E) the Bureau of Indian Affairs; and
(F) the Federal Emergency Management Agency.
(2) No permitting required.--Notwithstanding any provision
of the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), a permit under section 402 of that Act (33 U.S.C. 1342)
shall not be required for the discharge of fire retardant in
connection with fire suppression, control, or prevention
activities carried out by a Federal land management agency, a
State government, a political subdivision of a State, or a
Tribal government.
SEC. 6. PROHIBITION ON RETROACTIVE PERMIT VETOES.
Section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) is amended by striking subsection (c) and inserting the
following:
``(c) Authority of EPA Administrator.--
``(1) Possible prohibition of specification.--Until such
time as the Secretary has issued a permit under this section,
the Administrator may prohibit the specification (including the
withdrawal of specification) of any defined area as a disposal
site, and the Administrator may deny or restrict the use of any
defined area for specification (including the withdrawal of
specification) as a disposal site, whenever the Administrator
determines, after notice and opportunity for public hearings,
that the discharge of those materials into that area will have
an unacceptable adverse effect on municipal water supplies,
shellfish beds and fishery areas (including spawning and
breeding areas), wildlife, or recreational areas.
``(2) Consultation required.--Before making a determination
under paragraph (1), the Administrator shall consult with the
Secretary.
``(3) Written findings required.--The Administrator shall
set forth in writing and make public the findings and reasons
of the Administrator for making any determination under this
subsection.''.
SEC. 7. EFFICIENT CONSULTATIONS UNDER THE ENDANGERED SPECIES ACT OF
1973.
(a) Timelines for Section 7 Consultations.--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 or more'' and
inserting ``100 or more''.
(b) State Assumption of Consultation Responsibilities.--
(1) Definitions.--In this subsection:
(A) Program.--The term ``program'' means the
program carried out by the Secretary pursuant to this
subsection.
(B) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(C) State.--The term ``State'' means--
(i) each of the several States of the
United States;
(ii) the District of Columbia;
(iii) the Commonwealth of Puerto Rico;
(iv) Guam;
(v) American Samoa;
(vi) the Commonwealth of the Northern
Mariana Islands; and
(vii) the United States Virgin Islands.
(D) State agency.--The term ``State agency'' means
any agency, department, board, commission, or other
governmental entity in a State with primary
jurisdiction over environmental or wildlife management
matters in the State, as determined by the Governor of
the State.
(2) Program.--
(A) In general.--The Secretary shall carry out a
program under which the Secretary may assign
consultation responsibilities described in subparagraph
(B)(i) to States.
(B) Assumption of responsibility.--
(i) In general.--Subject to the
requirements of this subsection, with the
written agreement of the Secretary and a State,
which may be in the form of a memorandum of
understanding, the Secretary may assign, and
the State may assume, the consultation
responsibilities of the Secretary within the
boundary of the State under subsections (a),
(b), and (c) of section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536).
(ii) Procedural and substantive
requirements.--A State shall assume
responsibility under the program subject to the
same procedural and substantive requirements as
would apply if that responsibility were carried
out by the Secretary.
(iii) Federal responsibility.--Any
responsibility of the Secretary not explicitly
assumed by the State by written agreement under
the program shall remain the responsibility of
the Secretary.
(3) State participation.--
(A) Participating states.--All States are eligible
to participate in the program.
(B) Application.--
(i) In general.--A State seeking to
participate in the program shall submit to the
Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require, which shall include--
(I) verification of the financial
and legal resources necessary to carry
out the authority that may be granted
to the State under the program;
(II) verification of the personnel
resources or a plan to hire the
personnel, not later than 1 year after
the date on which the application is
approved, necessary to carry out the
authority that may be granted to the
State under the program; and
(III) evidence of the notice and
solicitation of public comment by the
State relating to participation of the
State in the program, including copies
of comments received from that
solicitation.
(ii) Denial.--
(I) In general.--The Secretary
shall only deny an application
submitted by a State under clause (i)
if the Secretary determines that the
State does not demonstrate the legal,
financial, or personnel capability to
assume responsibility under the
program.
(II) Denial requirements.--On
denial of an application submitted by a
State under clause (i)--
(aa) the Secretary shall--
(AA) respond to the
State in writing,
identifying the reasons
for the denial; and
(BB) at the request
of the State, provide
technical assistance to
the State to address
the reasons identified
under subitem (AA); and
(bb) the State may reapply
in accordance with the
requirements of clause (i).
(C) Public notice.--
(i) In general.--Not less than 30 days
before the date of submission of an application
of a State under subparagraph (B)(i), the State
shall, in accordance with the applicable public
notice law of the State--
(I) publish the complete
application of the State; and
(II) provide an opportunity for
public comment on the application,
which shall not exceed 30 days.
(ii) Response to comments.--Notwithstanding
any other provision of law, a State shall not
be required to respond to public comments
received under clause (i)(II).
(D) Selection criteria.--The Secretary shall
approve the application of a State submitted under
subparagraph (B)(i) if--
(i) the Secretary determines that the State
has demonstrated the legal, financial, and
current or future personnel capability to
assume the responsibility; and
(ii) the head of the State agency enters
into a written agreement with the Secretary
described in paragraph (4)(A).
(E) Failure to approve or deny application.--If the
Secretary fails to make a determination with respect to
any application submitted under subparagraph (B)(i)
within 180 days after the date on which the Secretary
receives that application--
(i) the application shall be deemed
approved; and
(ii) the Secretary shall--
(I) notify the State that submitted
the application of the approval; and
(II) execute a written agreement
described in paragraph (4)(A).
(4) Written agreement.--
(A) In general.--A written agreement referred to in
paragraph (3)(D)(ii) shall--
(i) be executed by the Governor or the top-
ranking environmental official in the State who
is charged with responsibility for
environmental matters;
(ii) be in such form as the Secretary may
prescribe;
(iii) provide that the State--
(I) agrees to assume all or part of
the responsibilities of the Secretary
described in paragraph (2)(B);
(II) expressly consents, on behalf
of the State, to accept the
jurisdiction of the Federal courts for
the compliance, discharge, and
enforcement of any responsibility of
the Secretary assumed by the State;
(III) certifies that State laws
(including regulations) are in effect
that--
(aa) authorize the State to
take the actions necessary to
carry out the responsibilities
being assumed; and
(bb) are comparable to
section 552 of title 5, United
States Code, including
providing that any decision
regarding the public
availability of a document
under those State laws is
reviewable by a court of
competent jurisdiction; and
(IV) agrees to maintain the
financial resources necessary to carry
out the responsibilities being assumed;
(iv) require the State to provide to the
Secretary any information the Secretary
reasonably considers necessary to ensure that
the State is adequately carrying out the
responsibilities assigned to the State;
(v) be renewable; and
(vi) have a term of--
(I) not more than 5 years; or
(II) 10 years, in the case of a
State that has participated in a
program under this subsection (or under
a predecessor program) for not less
than 10 years.
(B) Role of secretary.--The Secretary shall not
delegate the responsibilities of the Secretary with
respect to entering into a written agreement with a
State under subparagraph (A).
(5) Jurisdiction.--
(A) In general.--The district courts of the United
States shall have exclusive jurisdiction over any civil
action against a State for failure to carry out any
responsibility of the State under the program.
(B) Legal standards and requirements.--A civil
action under subparagraph (A) shall be governed by the
legal standards and requirements that would apply in
such a civil action against the Secretary had the
Secretary taken the actions in question.
(C) Intervention.--The Secretary shall have the
right to intervene in any action described in
subparagraph (A).
(6) Effect of assumption of responsibility.--A State that
assumes responsibility under paragraph (2)(B) shall be solely
responsible and solely liable for carrying out, in lieu of and
without further approval of the Secretary, the responsibilities
assumed under that paragraph, until the Secretary or the State,
as applicable, terminates the participation of the State in the
program in accordance with subparagraph (A) or (B) of paragraph
(11), as applicable.
(7) Limitations on agreements.--Nothing in this subsection
permits a State to assume any rulemaking authority of the
Secretary under any Federal law.
(8) Audits.--
(A) In general.--To ensure compliance by a State
with any agreement of the State under paragraph
(3)(D)(ii) (including compliance by the State with all
Federal laws for which responsibility is assumed under
paragraph (2)(B)), for each State participating in the
program, the Secretary shall--
(i) not later than 180 days after the date
of execution of the agreement, meet with the
State to review implementation of the agreement
and discuss plans for the first annual audit;
(ii) conduct annual audits during each of
the first 4 years of State participation;
(iii) in the case of an agreement period of
greater than 5 years pursuant to paragraph
(4)(A)(vi)(II), conduct an audit covering the
first 5 years of the agreement period; and
(iv) ensure that the time period for
completing an audit, from initiation to
completion (including public comment and
responses to those comments), does not exceed
180 days.
(B) Public availability and comment.--
(i) In general.--An audit conducted under
subparagraph (A) shall be provided to the
public for comment.
(ii) Response.--Not later than 60 days
after the date on which the period for public
comment ends--
(I) the Secretary shall respond to
public comments received under clause
(i); and
(II) to the extent necessary, the
applicable State agency may respond to
those comments.
(C) Audit team.--
(i) In general.--An audit conducted under
subparagraph (A) shall be carried out by an
audit team determined by the Secretary, in
consultation with the State, in accordance with
clause (ii).
(ii) Consultation.--Consultation with the
State under clause (i) shall include a
reasonable opportunity for the State to review
and provide comments on the proposed members of
the audit team.
(iii) Limitation.--An audit team shall only
include--
(I) qualified staff of regional and
headquarters offices of the United
States Fish and Wildlife Service;
(II) staff of the Department of the
Interior Office of Inspector General;
and
(III) staff of the applicable State
agency.
(9) Monitoring.--After the fourth year of the participation
of a State in the program, the Secretary shall monitor
compliance by the State with the written agreement entered into
under paragraph (3)(D)(ii), including the provision by the
State of financial resources to carry out the written
agreement.
(10) Report to congress.--The Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Natural Resources of the House of Representatives
an annual report that describes the administration of the
program, which shall include an identification of--
(A) the number of active written agreements entered
into under paragraph (3)(D)(ii) being carried out;
(B) the number of pending written agreements
entered into under that paragraph;
(C) the number of applications denied under
paragraph (3)(B)(ii) and the reasons for those denials,
if any; and
(D) the results of any audits completed pursuant to
paragraph (8) in the year covered by the report.
(11) Termination.--
(A) Termination by the secretary.--The Secretary
may terminate the participation of a State in the
program if--
(i) the Secretary determines that the State
is not adequately carrying out the
responsibilities assigned to the State;
(ii) the Secretary provides to the State--
(I) a notification of the
determination of noncompliance;
(II) a period of not less than 120
days to take corrective action as the
Secretary determines to be necessary to
comply with the applicable agreement;
and
(III) on request of the Governor of
the State, a detailed description of
each responsibility in need of
corrective action relating to an
inadequacy identified under clause (i);
and
(iii) the State, after the notification and
period provided under clause (ii), fails to
take satisfactory corrective action, as
determined by the Secretary.
(B) Termination by the state.--The State may
terminate the participation of the State in the program
at any time by providing to the Secretary a notice not
later than the date that is 90 days before the date of
termination, subject to such terms and conditions as
the Secretary may provide.
(12) Capacity building.--The Secretary, in cooperation with
relevant State officials, shall provide funding for education,
training, peer-exchange, and other initiatives as appropriate--
(A) to assist States in developing the capacity to
participate in the program; and
(B) to promote information sharing and
collaboration among States that are participating in
the program.
(13) Agency deemed to be federal agency.--A State agency
that is assigned a responsibility under an agreement under the
program shall be deemed to be an agency for the purposes of
section 2412 of title 28, United States Code.
SEC. 8. NEW SOURCE REVIEW PERMITTING.
(a) Clarification of Definition of a Modification for Emission Rate
Increases, Pollution Control, Efficiency, Safety, and Reliability
Projects.--Paragraph (4) of section 111(a) of the Clean Air Act (42
U.S.C. 7411(a)) is amended--
(1) by inserting ``(A)'' before ``The term'';
(2) by inserting before the period at the end the
following: ``. For purposes of the preceding sentence, a change
increases the amount of any air pollutant emitted by such
source only if the maximum hourly emission rate of an air
pollutant that is achievable by such source after the change is
higher than the maximum hourly emission rate of such air
pollutant that was achievable by such source during any hour in
the 10-year period immediately preceding the change''; and
(3) by adding at the end the following:
``(B) Notwithstanding subparagraph (A), the term
`modification' does not include a change at a
stationary source that is designed--
``(i) to reduce the amount of any air
pollutant emitted by the source per unit of
production; or
``(ii) to restore, maintain, or improve the
reliability of operations at, or the safety of,
the source,
except, with respect to either clause (i) or (ii), when
the change would be a modification as defined in
subparagraph (A) and the Administrator determines that
the increase in the maximum achievable hourly emission
rate of a pollutant from such change would cause an
adverse effect on human health or the environment.''.
(b) Clarification of Definition of Construction for Prevention of
Significant Deterioration.--Section 169(2) of the Clean Air Act (42
U.S.C. 7479(2)) is amended by striking subparagraph (C) and inserting
the following:
``(C) The term `construction', when used in
connection with a major emitting facility, includes a
modification (as defined in section 111(a)) at such
facility, except that for purposes of this subparagraph
a modification does not include a change at a major
emitting facility that does not result in a significant
emissions increase, or a significant net emissions
increase, in annual actual emissions at such
facility.''.
(c) Clarification of Definition of Modifications and Modified for
Nonattainment Areas.--Section 171 of the Clean Air Act (42 U.S.C. 7501)
is amended by striking paragraph (4) and inserting the following:
``(4) The terms `modifications' and `modified' mean a
modification as defined in section 111(a)(4), except that such
terms do not include a change at a major emitting facility that
does not result in a significant emissions increase, or a
significant net emissions increase, in annual actual emissions
at such facility.''.
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to treat any change
as a modification for purposes of any provision of the Clean Air Act
(42 U.S.C. 7401 et seq.) if such change would not have been so treated
as of the day before the date of enactment of this Act.
SEC. 9. PROHIBITIONS ON USE OF SOCIAL COST OF GREENHOUSE GAS ESTIMATES.
(a) In General.--In promulgating regulations, issuing guidance, or
taking any agency action (as defined in section 551 of title 5, United
States Code) relating to the social cost of greenhouse gases, no
Federal agency shall adopt or otherwise use any estimates for the
social cost of carbon, methane, or nitrous oxide that--
(1) may increase the cost of energy, including the
levelized cost of electricity and gasoline prices, as
determined through a review by the Energy Information
Administration; or
(2) could prolong the timeline necessary to promulgate that
regulation, guidance, or agency action.
(b) Inclusion.--The estimates referred to in subsection (a) include
the interim estimates in the document of the Interagency Working Group
on the Social Cost of Greenhouse Gases entitled ``Technical Support
Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim
Estimates under Executive Order 13990'' and dated February 2021.
SEC. 10. POLICY REVIEW UNDER THE CLEAN AIR ACT.
Section 309 of the Clean Air Act (42 U.S.C. 7609) is amended to
read as follows:
``SEC. 309. POLICY REVIEW.
``(a) Environmental Impact of Proposed Legislation.--
``(1) In general.--The Administrator shall review, and
comment in writing, on the environmental impact of any matter
relating to the duties and responsibilities granted to the
authority of the Administrator pursuant to this Act or any
other law contained in any legislation proposed by a Federal
department.
``(2) Publish.--A written comment referred to in paragraph
(1) shall be made public at the conclusion of any review
conducted under that paragraph.
``(b) Unsatisfactory Legislation.--If the Administrator determines
that any legislation reviewed under subsection (a)(1) is unsatisfactory
from the standpoint of public health, welfare, or environmental
quality, the Administrator shall publish the determination of the
Administrator and the matter shall be referred to the Council on
Environmental Quality.''.
SEC. 11. DOMESTIC ENERGY INDEPENDENCE REPORT.
Not later than 120 days after the date of enactment of this Act,
the Administrator of the Environmental Protection Agency, in
consultation with the Secretary of Energy, shall submit to Congress a
report that identifies and assesses regulations promulgated by the
Administrator of the Environmental Protection Agency during the 15-year
period ending on the date of enactment of this Act that have--
(1) reduced the energy independence of the United States;
(2) increased the regulatory burden for energy producers in
the United States;
(3) decreased the energy output by those energy producers;
(4) reduced the energy security of the United States; or
(5) increased energy costs for consumers in the United
States.
SEC. 12. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.
(a) Amendments.--Section 1422(b) of the Safe Drinking Water Act (42
U.S.C. 300h-1(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``(2) Within ninety days'' and
inserting the following:
``(2) Required timeline.--
``(A) In general.--Within 90 days'';
(B) in subparagraph (A) (as so designated), by
striking ``and after reasonable opportunity for
presentation of views''; and
(C) by adding at the end the following:
``(B) Failure to act.--
``(i) Definition of class vi well.--In this
subparagraph, the term `Class VI well' means a
well described in section 144.6(f) of title 40,
Code of Federal Regulations (as in effect on
the date of enactment of this subparagraph).
``(ii) Notice to state.--If, 180 calendar
days after the date on which a State's
application is submitted under paragraph (1)(A)
or notice is submitted under (1)(B), the
Administrator has not, pursuant to subparagraph
(A), by rule approved, disapproved, or approved
in part and disapproved in part the underground
injection control program of the State for
Class VI wells, the Administrator shall submit
to the State, in writing, a detailed
explanation as to the status of the application
or notice.
``(iii) Deemed approval.--The underground
injection control program of a State for Class
VI wells shall be deemed to be approved if--
``(I) by the date that is 30 days
after the end of the 180-day period
described in clause (ii), the
Administrator has not by rule approved,
disapproved, or approved in part and
disapproved in part the underground
injection control program of the State
for Class VI wells; and
``(II) the State has established
and implemented a primary enforcement
authority program for 1 or more classes
of underground injection control wells
(including adequate recordkeeping and
reporting) to prevent underground
injection that endangers drinking water
sources.
``(iv) Limitation.--The Administrator shall
not condition the processing or approval of a
State's application under paragraph (1)(A) or
notice under paragraph (1)(B) for a primary
enforcement authority program for Class VI
wells on the addition or revision of any other
program, including any primary enforcement
authority program for 1 or more classes of
underground injection control wells that are
not Class VI wells.'';
(2) by striking paragraph (4) and inserting the following:
``(4) Opportunity for presentation of views.--Before
promulgating any rule under paragraph (2) or (3) of this
subsection, the Administrator shall--
``(A) provide a reasonable opportunity for
presentation of views with respect to that rule,
including a public hearing and a public comment period;
and
``(B) publish in the Federal Register notice of the
reasonable opportunity for presentation of views
provided under subparagraph (A).''; and
(3) by adding at the end the following:
``(5) Preapplication activities.--The Administrator shall
work as expeditiously as possible with States to complete any
necessary activities relevant to the submission of an
application under paragraph (1)(A) or notice under paragraph
(1)(B).
``(6) Report.--
``(A) In general.--Not later than 90 days after the
date of enactment of this paragraph, the Administrator
shall submit to the appropriate congressional
committees a report, including recommendations,
regarding the availability of staff and resources to
promptly carry out the Class VI wells (as defined in
paragraph (2)(B)(i)) program.
``(B) Appropriate congressional committees
defined.--In this paragraph, the term `appropriate
congressional committees' means--
``(i) in the Senate--
``(I) the Committee on Environment
and Public Works; and
``(II) the Committee on
Appropriations; and
``(ii) in the House of Representatives--
``(I) the Committee on Energy and
Commerce; and
``(II) the Committee on
Appropriations.''.
(b) Rules of Construction.--
(1) Applicability to new applications.--The amendments made
by this section apply to all applications submitted to the
Environmental Protection Agency after the date of enactment of
this Act to establish an underground injection control program
under section 1422(b) of the Safe Drinking Water Act (42 U.S.C.
300h-1(b)).
(2) Applicability to pending applications.--With respect to
any applications described in paragraph (1) submitted prior to
the date of enactment of this Act, the 180-day and 210-day
deadlines established under clauses (ii) and (iii),
respectively, of section 1422(b)(2)(B) of the Safe Drinking
Water Act (42 U.S.C. 300h-1(b)(1)(B)) (as added by subsection
(a)(1)(C)) shall begin on the date of enactment of this Act.
SEC. 13. 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, as may be modified by a subsequently issued
record of decision following the supplemental environmental
impact statement issued on April 13, 2023; and
(3) the Secretary of the Interior shall--
(A) continue to maintain 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
issued on February 28, 2023; and
(B) grant and maintain all necessary rights-of-way
and temporary use permits in a manner that is
substantively identical to those rights-of-way and
temporary use permits approved in the record of
decision with respect to the Mountain Valley Pipeline
issued on January 14, 2021, or as may be modified by
any subsequently issued rights-of-way and temporary use
permits.
(c) Judicial Review.--
(1) In general.--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, biological opinion,
incidental take statement, or other approval for the Mountain
Valley Pipeline, whether issued prior to, on, or after the date
of enactment of this section, shall be subject to judicial
review.
(2) Effect.--Any lawsuit (including any lawsuit pending in
a court on the date of enactment of this Act) seeking judicial
review of an agency order or action described in paragraph
(1)--
(A) shall not be maintained in any court; and
(B) shall be promptly dismissed.
(d) Effect.--This section supersedes any other provision of law
(including any other section of this Act or another Act of Congress),
any regulation, any judicial decision, or any agency guidance that is
inconsistent with the issuance of any authorization, permit,
verification, biological opinion, incidental take statement, or other
approval for the Mountain Valley Pipeline.
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