[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4475 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4475
To improve Federal permitting, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 30, 2026
Mr. McCormick introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To improve Federal permitting, 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 ``Unlock American Energy and Jobs Act
of 2026''.
SEC. 2. ENERGY INFRASTRUCTURE UNDER THE FEDERAL WATER POLLUTION CONTROL
ACT.
(a) State Certification Programs.--Section 401 of the Federal Water
Pollution Control Act (33 U.S.C. 1341) is amended--
(1) by striking the heading and section designation and all
that follows through ``may be.'' at the end of subsection
(a)(1) and inserting the following:
``SEC. 401. CERTIFICATION.
``(a) State Certifications.--
``(1) Certification required.--
``(A) Definitions.--In this paragraph:
``(i) Certification application.--The term
`certification application' means a request
from an applicant for a certification described
in subparagraph (B).
``(ii) Certifying authority.--The term
`certifying authority', with respect to a
certification described in subparagraph (B),
means the applicable entity described in
subclause (I), (II), or (III) of subparagraph
(B)(i).
``(iii) Discharge.--The term `discharge',
without any qualification, means the discharge
of a pollutant from a point source.
``(B) Compliance with limitations.--
``(i) In general.--Any applicant for a
Federal license or permit to conduct an
activity, including the construction or
operation of facilities, that may result in a
discharge from a point source into the waters
of the United States shall provide the Federal
licensing or permitting agency a certification
that the discharge will comply with applicable
water quality requirements from--
``(I) the State in which the
discharge originates or will originate;
``(II) if appropriate, the
interstate water pollution control
agency with jurisdiction over the
waters of the United States at the
point where the discharge originates or
will originate; or
``(III) if no State or interstate
water pollution control agency has the
authority to give such a certification,
the Administrator.
``(ii) Certification of no limitation and
standard.--
``(I) In general.--In the case of
any activity described in clause (i)
for which there is not an applicable
effluent limitation or other limitation
under sections 301(b) and 302 and for
which there is not an applicable
standard under sections 306 and 307,
the certifying authority shall so
certify.
``(II) Effect.--A certification
under subclause (I) does not satisfy
section 511(c).
``(iii) Certification required.--
``(I) Construction prohibited until
certification.--Construction for which
a certification is required under this
subparagraph may not begin until the
certification has been obtained, unless
the requirement for the certification
has been waived in accordance with this
paragraph.
``(II) Effect of denial.--If a
certifying authority denies a
certification application, the Federal
license or permit for which the
certification application was made may
not be granted.
``(iv) Scope of certification.--In
determining whether to issue a certification
under this subparagraph and in determining what
conditions to impose on a certification under
this subparagraph, a certifying authority may
only consider whether the point source
discharge for which the certification
application was made complies with applicable
water quality requirements.
``(C) Required procedures.--
``(i) Notice and hearings.--Each certifying
authority shall establish procedures for--
``(I) public notice in the case of
all certification applications;
``(II) to the extent the certifying
authority determines to be appropriate,
public hearings in connection with
specific certification applications;
and
``(III) a prefiling meeting as
described in clause (ii).
``(ii) Prefiling meeting.--
``(I) Request.--Before submitting a
certification application, the
prospective applicant may request a
prefiling meeting with the certifying
authority--
``(aa) to ensure that the
certifying authority receives
early notification of projects
for which a certification under
subparagraph (B) is necessary;
and
``(bb) to discuss
informational needs with the
certifying authority before
submitting the application.
``(II) Response required.--If a
prospective applicant requests a
prefiling meeting with a certifying
authority pursuant to subclause (I),
the certifying authority shall--
``(aa) respond to the
request not later than 30 days
after the date on which the
request is received; and
``(bb) hold the prefiling
meeting with the prospective
applicant by not later than 60
days after the date on which
the request is received.
``(iii) Denials of certification;
conditions on certification.--
``(I) Denial requirement.--A
certifying authority may only deny a
certification application if the
certifying authority determines, based
on clear and convincing evidence, that
there is no modification to or
reasonable condition on the activities
of the applicant that could make it
possible for the activity to avoid
violating the applicable water quality
requirements.
``(II) Requirements for
conditions.--A certifying authority may
include a condition in a certification
under this subparagraph that requires
an applicant to modify the activity of
the applicant only if the certifying
authority determines, based on clear
and convincing evidence, that the
modification is--
``(aa) necessary for the
activity to avoid violating the
applicable water quality
requirements;
``(bb) the least burdensome
of possible modifications for
the applicant, taking into
account--
``(AA) technical
feasibility;
``(BB) cost;
``(CC) the purpose
of the applicant in
proposing the activity;
``(DD) impacts on
the schedule for the
activity; and
``(EE) commercial
viability of the
activity; and
``(cc) consistent with the
requirements of the Federal
license or permit that is the
subject of the certification.
``(III) Individual licenses and
permits.--If a certifying authority
denies a certification application for
an individual license or permit, the
certifying authority shall provide to
the applicable Federal licensing or
permitting agency--
``(aa) the specific
applicable water quality
requirements with which the
discharge will not comply;
``(bb) a statement
explaining why the discharge
will not comply with the
identified applicable water
quality requirements; and
``(cc) if the denial is due
to insufficient information, a
description of the specific
water quality data or
information, if any, that would
be needed to ensure that the
discharge from the proposed
project will comply with
applicable water quality
requirements.
``(IV) General licenses or
permits.--If a certifying authority
denies a certification application for
a general license or permit, the
certifying authority shall provide to
the applicable Federal licensing or
permitting agency--
``(aa) the specific
applicable water quality
requirements with which
discharges that could be
authorized by the general
license or permit will not
comply;
``(bb) a statement
explaining why discharges that
could be authorized by the
general license or permit will
not comply with the identified
applicable water quality
requirements; and
``(cc) if the denial is due
to insufficient information, a
description of the specific
water quality data or
information, if any, that would
be needed to ensure that the
range of discharges that could
be authorized by the general
license or permit from
potential projects will comply
with applicable water quality
requirements.
``(iv) Review.--
``(I) In general.--Not later than
60 days after the date on which a
Federal licensing or permitting agency
receives a notice described in clause
(iii) or a certification under
subparagraph (B) that includes
conditions to that certification, the
Federal licensing or permitting agency
shall complete a review of the process
undertaken by the certifying authority
in reviewing the applicable
certification application to determine
whether the certifying authority
established a reasonable period of time
within which to review that
certification application in accordance
with subparagraph (D)(ii).
``(II) Denials.--If, after carrying
out a review under subclause (I) of the
process undertaken by a certifying
authority with respect to a denial of a
certification application, a Federal
licensing or permitting agency
determines that the certifying
authority did not, in determining the
reasonable period of time within which
to review the certification
application, consider all of the
factors described in subclause (I),
(II), or (III) of subparagraph (D)(ii),
the Federal licensing or permitting
agency shall--
``(aa) deem the certifying
authority to have failed to act
on the certification
application; and
``(bb) pursuant to
subparagraph (D)(iii), consider
the requirement for a
certification under
subparagraph (B) waived.
``(III) Conditions.--If, after
carrying out a review under subclause
(I) of the process undertaken by a
certifying authority with respect to
including conditions to a certification
under subparagraph (B), a Federal
licensing or permitting agency
determines that the certifying
authority did not, in determining the
reasonable period of time within which
to review the applicable certification
application, consider all of the
factors described in subclauses (I),
(II), and (III) of subparagraph
(D)(ii), the Federal licensing or
permitting agency shall consider the
certification conditions void.
``(D) Review period.--
``(i) In general.--A certifying authority
shall, subject to this subparagraph, issue to
the applicable Federal licensing or permitting
authority a final action on a certification
application within a reasonable period of time,
which--
``(I) shall be determined by the
certifying authority by not later than
60 days after the date on which the
certification application is received
by the certifying authority; but
``(II)(aa) shall begin on the date
on which the certification application
is received by the certifying
authority; and
``(bb) shall not exceed 1 year from
the date on which the certifying
authority receives the certification
application.
``(ii) Determination of reasonable
period.--In determining the reasonable period
of time under clause (i)(I), a certifying
authority shall consider--
``(I) the complexity of the project
described in the certification
application;
``(II) the nature of any potential
discharge from that project; and
``(III) the potential need for
additional study or evaluation of water
quality effects from the discharge.
``(iii) Failure to act within period.--If a
certifying authority fails or refuses to issue
a final action on a certification application
by the end of the reasonable period of time
established under this subparagraph, the
requirement for a certification under
subparagraph (B) shall be waived.
``(iv) No pausing or tolling.--The
reasonable period of time established for a
certification application under this
subparagraph may not be paused or tolled for
any reason.
``(E) Final action.--
``(i) In general.--After completion of the
reasonable period of time established under
subparagraph (D) and any review that may be
required under subparagraph (C)(iv) for a
certification application, the certifying
authority or Federal licensing or permitting
authority, as applicable, shall apply only 1 of
the following final actions to the
certification application:
``(I) The certification application
is granted.
``(II) The certification
application is granted with conditions.
``(III) The certification
application is denied.
``(IV) The certification
requirements under subparagraph (B)
have been waived in accordance with
this paragraph with respect to the
activity for which the certification
application was submitted.
``(ii) No other final actions.--No other
final action may apply to a certification
application except as described in clause (i).
``(F) Enforcement of conditions.--The Federal
licensing or permitting authority to which a
certification under this subsection was issued shall be
responsible for enforcing any conditions included with
that certification.'';
(2) in subsection (a) (as so amended)--
(A) in paragraph (2), by striking ``(2) Upon
receipt'' and inserting the following:
``(2) Notice to administrator; effect on other states.--On
receipt'';
(B) in paragraph (3), by striking ``(3) The
certification'' and inserting the following:
``(3) Fulfillment of requirements.--The certification'';
(C) in paragraph (4), by striking ``(4) Prior to''
and inserting the following:
``(4) Review for compliance.--Prior to'';
(D) in paragraph (5), by striking ``(5) Any
Federal'' and inserting the following:
``(5) Suspension and revocation.--Any Federal''; and
(E) in paragraph (6), by striking ``(6) Except
with'' and inserting the following:
``(6) Applicability to certain facilities.--Except with'';
(3) in subsection (b), by striking ``(b) Nothing'' and
inserting the following:
``(b) Compliance With Other Provisions of Law Setting Applicable
Water Quality Requirements.--Nothing'';
(4) in subsection (c), by striking ``(c) In order'' and
inserting the following:
``(c) Authority of Secretary of the Army To Permit Use of Spoil
Disposal Areas by Federal Licensees or Permittees.--In order'';
(5) by striking subsection (d) and inserting the following:
``(d) Limitations and Monitoring Requirements of Certification.--
Any certification provided under this section shall set forth any
effluent limitations and other limitations and monitoring requirements
necessary to ensure that any discharge into navigable waters will
comply with applicable water quality requirements and shall become a
condition on any Federal license or permit subject to the provisions of
this section.''; and
(6) by adding at the end the following:
``(e) Judicial Review.--
``(1) Energy projects.--
``(A) Definition of affected certification
action.--In this paragraph, the term `affected
certification action' means a civil action for the
judicial review of a certification under subsection
(a)(1) for a Federal license or permit--
``(i) for the construction or operation of
a facility for--
``(I) the transmission of electric
energy or energy fuels in interstate or
foreign commerce; or
``(II) the transportation of carbon
dioxide (including pipelines or
associated infrastructure) in
interstate or foreign commerce; or
``(ii) from the Federal Energy Regulatory
Commission.
``(B) Jurisdiction.--
``(i) In general.--Notwithstanding section
19(d)(1) of the Natural Gas Act (15 U.S.C.
717r(d)(1)), an affected certification action
shall be filed in a court of appeals of the
United States--
``(I) for the circuit in which the
applicant for certification under
subsection (a) is located or has its
place of business;
``(II) for the circuit for the
State for which the affected
certification action applies; or
``(III) for the District of
Columbia Circuit.
``(ii) Original and exclusive
jurisdiction.--The court of appeals in which an
affected certification action is filed pursuant
to clause (i) shall have original and exclusive
jurisdiction over the affected certification
action.
``(iii) Standing and filing deadline.--
Notwithstanding any other provision of law, no
court shall have jurisdiction over an affected
certification action unless the affected
certification action has been filed not later
than 30 days after the date on which final
action was taken on the certification under
subsection (a) for which review was sought by--
``(I) the applicant for the
underlying Federal license or permit;
or
``(II) a person who has suffered,
or likely and imminently will suffer,
direct and irreparable economic harm
from the authorization, certification
under subsection (a), Federal license
or permit for which a certification
under subsection (a) was sought, or
activity for which that certification
was sought.
``(C) Expedited consideration.--
``(i) In general.--With respect to an
affected certification action, a court shall--
``(I) set any petition for review
for expedited consideration; and
``(II) subject to clause (ii),
issue a final decision not later than
120 days after the date on which the
affected certification action was
filed.
``(ii) Extension.--A court may extend the
120-day period under clause (i)(II) by not more
than 60 days if the court determines that
extraordinary circumstances exist that warrant
the extended period.
``(iii) Failure to comply with deadline.--
With respect to an affected certification
action seeking review of a certification under
subsection (a)(1) the certification application
(as defined in subsection (a)(1)) for which was
granted, if a court fails to issue a final
decision on the affected certification action
by the end of the period described in clause
(i)(II) and, if applicable, extended under
clause (ii), the affected certification action
shall be dismissed with prejudice.
``(2) Timeline for action.--If a Federal court remands a
civil action for the judicial review of a certification under
subsection (a)(1) for a Federal license or permit, 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 the certification, for the certifying agency to act on
the remand.
``(f) Definition of Applicable Water Quality Requirements.--In this
section, the term `applicable water quality requirements' means the
applicable provisions of sections 301, 302, 303, 306, and 307.''.
(b) Permits for Dredged or Fill Material.--
(1) In general.--Section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344) is amended--
(A) by striking the heading and section designation
and all that follows through ``(a) The Secretary'' and
inserting the following:
``SEC. 404. PERMITS FOR DREDGED OR FILL MATERIAL.
``(a) Discharge Into Navigable Waters at Specified Disposal
Sites.--
``(1) In general.--The Secretary'';
(B) in subsection (a)(1) (as so designated), in the
second sentence--
(i) by striking ``this subsection'' each
place it appears and inserting ``paragraph
(1)''; and
(ii) by striking ``Not later than the
fifteenth day'' and inserting the following:
``(2) Notice.--Not later than the 15th day'';
(C) in subsection (c)--
(i) in the third sentence--
(I) by striking ``his finding and
his reasons'' and inserting ``the
findings and reasons of the
Administrator''; and
(II) by striking ``The
Administrator'' and inserting the
following:
``(4) Findings and reasoning.--The Administrator'';
(ii) in the second sentence, by striking
``Before making such determination'' and
inserting the following:
``(3) Consultation.--Before making a determination under
paragraph (1)'';
(iii) by striking ``(c) The Administrator''
and inserting the following:
``(c) Prohibition of Specification of Areas as Disposal Sites.--
``(1) In general.--Subject to paragraph (2), the
Administrator''; and
(iv) by inserting after paragraph (1) (as
so designated) the following:
``(2) Limitation.--The Administrator may not prohibit the
specification of a defined area as a disposal site, or
otherwise deny or restrict the use of a defined area as a
disposal site after a permit under this section for the area
has been issued by the Secretary.'';
(D) in subsection (e)--
(i) in paragraph (1), in the second
sentence--
(I) by striking ``subsection (b)(1)
of this section, and (B) set forth''
and inserting the following:
``subsection (b)(1); and
``(ii) set forth'';
(II) by striking ``shall (A) be
based'' and inserting the following:
``shall--
``(i) be based''; and
(III) by striking ``Any general''
and inserting the following:
``(B) Requirements for issuance.--Any general'';
(ii) by striking ``(e)(1) In carrying'' and
inserting the following:
``(e) General Permits on State, Regional, or Nationwide Basis.--
``(1) Permits authorized.--
``(A) In general.--In carrying'';
(iii) in paragraph (2)--
(I) by striking ``(2) No general''
and inserting the following:
``(2) Term.--No general''; and
(II) by striking ``five years'' and
inserting ``10 years''; and
(iv) by adding at the end the following:
``(3) Considerations.--In determining the environmental
effects of an activity under paragraph (1) or (2), the
Secretary--
``(A) shall consider only the effects of any
discharge of dredged or fill material resulting from
the activity;
``(B) shall consider any effects of a discharge of
dredged or fill material into fewer than 3 acres of
navigable waters to be a minimal adverse environmental
effect; and
``(C) may consider any effects of a discharge of
dredged or fill material into 3 acres or more of
navigable waters to be a minimal adverse environmental
effect.
``(4) Single and complete projects.--
``(A) Definition of single and complete project.--
``(i) In general.--In this paragraph, the
term `single and complete project', with
respect to a project for which the Secretary is
determining whether a general permit issued
under this subsection applies, means that
portion of the total project proposed or
accomplished by--
``(I) a single owner or developer;
``(II) a partnership of 1 or more
owners or developers; or
``(III) an association of owners or
developers.
``(ii) Linear projects.--
``(I) Definition.--In this clause,
the term `linear project' means a
project constructed for the purpose of
getting people, goods, energy, or
services from a point of origin to a
terminal point, which may involve
multiple crossings of 1 or more waters
of the United States at separate and
distant locations.
``(II) General rule.--For purposes
of this paragraph, with respect to
projects described in clause (i) that
are linear projects--
``(aa) the crossings of
separate waters of the United
States at a specific location
shall be considered 1 single
and complete project; but
``(bb) each crossing of a
single water of the United
States shall be considered a
separate single and complete
project if those crossings are
at separate and distant
locations.
``(III) Additional exclusions.--For
purposes of subclause (II), individual
channels in a braided stream or river,
individual arms of a large,
irregularly-shaped wetland or lake, and
other, similar bodies of water shall
not be considered to be separate waters
of the United States.
``(B) Requirement.--In determining whether a
general permit issued under this subsection applies to
an activity, the Secretary shall consider the estimated
total of all losses of waters of the United States
expected to result from the single and complete
project.
``(C) Use of multiple permits.--The Secretary may
combine 2 or more general permits issued under this
subsection to authorize a single and complete project,
but the same general permit issued under this
subsection may not be used more than once for a single
and complete project.
``(5) Reissuance of nationwide permits.--In determining
whether to reissue a general permit issued under this
subsection on a nationwide basis--
``(A) no consultation with an applicable State
pursuant to section 6(a) of the Endangered Species Act
of 1973 (16 U.S.C. 1535(a)) is required;
``(B) no consultation with a Federal agency
pursuant to section 7(a)(2) of that Act (16 U.S.C.
1536(a)(2)) is required; and
``(C) for purposes of carrying out the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to that reissuance, conducting an
environmental assessment on a nationwide basis is
sufficient for purposes of compliance with that Act.
``(6) Nationwide permit for oil and natural gas
pipelines.--Notwithstanding any other provision of this
section, the Secretary shall maintain a nationwide permit for
the activities required for the construction, maintenance,
repair, operation, and removal of oil and natural gas pipelines
and associated facilities that result in the loss of, with
respect to waters of the United States, an area of fewer than 3
acres for each single and complete project (as defined in
paragraph (4)(A)), which shall be known as `nationwide permit
12'.'';
(E) in subsection (h)--
(i) in paragraph (1), by adding at the end
the following:
``(I) To issue permits not later than the date that is 1
year after the date on which the State receives an application
for the permit, which may not be paused or tolled for any
reason.
``(J) To ensure that, if the State does not issue a final
action with respect to an application for a permit within the
1-year period described in subparagraph (I), the application is
considered to be approved.
``(K) To carry out a programmatic review of the program
annually to ensure that the program does not exceed the
authority granted to the State under this section.''; and
(ii) by adding at the end the following:
``(6) Action Required.--
``(A) In general.--A State with a permit program approved
under this subsection shall issue a final action with respect
to an application for a permit described in subsection (g)(1)
not later than 1 year after the date of receipt of the
application.
``(B) Failure to act.--An application for a permit
described in subsection (g)(1) submitted to a State with a
permit program approved under this subsection shall be
considered to be approved if the State fails to issue a final
action with respect to the application by the end of the 1-year
period described in subparagraph (A).
``(C) No pausing or tolling.--The 1-year period described
in subparagraph (A) may not be paused or tolled for any
reason.'';
(F) in subsection (s)(3), in the third sentence, by
striking ``acton'' and inserting ``action'';
(G) in subsection (t), by striking ``(t) Nothing''
and inserting the following:
``(u) Savings Provision.--Nothing''; and
(H) by inserting after subsection (s) the
following:
``(t) Judicial Review.--
``(1) Statute of limitations.--
``(A) In general.--Notwithstanding any other
provision of law, an action seeking judicial review of
an individual or general permit issued under this
section shall be filed not later than the date that is
60 days after the date on which the permit was issued.
``(B) Savings provision.--Nothing in subparagraph
(A) authorizes an action seeking judicial review of the
structure of or authorization for a State permit
program approved pursuant to this section.
``(2) Timeline to act on remand.--If a Federal court
remands a permit under this section, the Federal court shall
set and enforce a reasonable schedule and deadline, which may
not exceed 180 days from the date on which the Federal court
remands the permit, for the issuer of the permit to act on that
remand.''.
(2) Ratification of current permits.--Notwithstanding any
other provision of law, each category of activities authorized
by a general permit issued under section 404(e) of the Federal
Water Pollution Control Act (33 U.S.C. 1344(e)) (including
nationwide permit 12) or under section 10 of the Act of March
3, 1899 (33 U.S.C. 403), that is in effect on the date of
enactment of this Act shall, consistent with subparagraph (A)
of section 404(e)(1) of the Federal Water Pollution Control Act
(33 U.S.C. 1344(e)(1)), be considered to cause--
(A) not more than minimal adverse environmental
effects when actions authorized under those permits are
carried out separately; and
(B) not more than minimal cumulative adverse
effects on the environment.
(3) Savings provision.--Nothing in this subsection or the
amendments made by this subsection requires a State (including
an Indian tribe that is treated as a State pursuant to section
518(e) of the Federal Water Pollution Control Act (33 U.S.C.
1377(e))) for which the Administrator of the Environmental
Protection Agency has approved a permit program pursuant to
subsections (g) and (h) of section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344) to seek reapproval of
the permit program in accordance with those subsections.
SEC. 3. LNG TERMINALS.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended--
(1) in subsection (e)(3)--
(A) in subparagraph (A), by striking ``find'' and
inserting ``finds'';
(B) in subparagraph (B), in the matter preceding
clause (i), by striking ``Before January 1, 2015, the''
and inserting ``The''; and
(C) by striking subparagraph (C); and
(2) by adding at the end the following:
``(g) Public Interest Finding.--In carrying out a finding of public
interest under subsection (a), the Commission may not consider any
environmental factors pursuant to the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).''.
SEC. 4. NUCLEAR ENERGY LICENSING.
(a) Extension of License Terms for Commercial Reactors.--Section
103 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) is
amended--
(1) by striking ``c. Each such license'' and inserting the
following:
``c.(1) Except as provided in paragraph (2), each such license'';
and
(2) by adding at the end the following:
``(2) In the case of a license issued under this section for a
utilization facility for the generation of electrical or thermal
energy, the period of the license shall not exceed 60 years from the
authorization to commence operations, and may be renewed on expiration
of that period.''.
(b) Early Site Permits.--Not later than 1 year after the date of
enactment of this Act, the Nuclear Regulatory Commission shall finalize
a rulemaking amending section 52.26 of title 10, Code of Federal
Regulations, to provide that--
(1) an early site permit issued after the date of enactment
of this Act does not expire;
(2) an early site permit issued before the date of
enactment of this Act shall, without further review or approval
by the Nuclear Regulatory Commission, remain in effect
indefinitely on the request of the permit holder or any other
entity that references the early site permit in an application
for a construction permit or combined license; and
(3) an early site permit, regardless of when the permit is
issued, may be revoked only on a finding by the Nuclear
Regulatory Commission, supported by clear and convincing
evidence, that--
(A) significant new information has arisen since
the issuance of the early site permit with respect to
the radiological, seismic, meteorological, hydrologic,
geologic, or demographic characteristics of the site
that was not considered during the original permitting
proceeding and that renders the site unsuitable for the
construction and operation of a nuclear power facility;
or
(B) revocation is necessary to ensure adequate
protection of public health and safety or the common
defense and security.
(c) Categorical Exclusion.--The construction and operation of a new
nuclear reactor at a site for which the Nuclear Regulatory Commission
has previously issued, or is currently reviewing an application for, a
construction permit, operating license, or combined license under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) shall be
categorically excluded from the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 5. JUDICIAL REVIEW UNDER NEPA.
Title I of the National Environmental Policy Act of 1969 is
amended--
(1) by redesignating section 112 (42 U.S.C. 4336f) as
section 110A, and moving the section so as to appear after
section 110; and
(2) by inserting after section 110A (as so redesignated)
the following:
``SEC. 110B. JUDICIAL REVIEW.
``(a) Remand.--
``(1) In general.--If a court holds, under section
706(2)(A) of title 5, United States Code, that a final agency
action does not comply with the requirements of this Act, the
only remedy the court may order, notwithstanding chapter 7 of
that title, is to remand, without vacatur or injunction, the
final agency action to the Federal agency with--
``(A) specific instruction to correct the errors or
deficiencies found by the court; and
``(B) a reasonable schedule and deadline to correct
such errors or deficiencies, which may not exceed--
``(i) with respect to an order entered
before the date of enactment of this section,
the date that is 180 days after that date of
enactment; and
``(ii) with respect to an order entered on
or after the date of enactment of this section,
the date that is 180 days after the date on
which the order was entered.
``(2) Continued effect of final agency action.--A final
agency action remanded under paragraph (1) shall remain in
effect while the Federal agency corrects any errors or
deficiencies found by the court.
``(b) Limitations on Claims.--
``(1) In general.--Notwithstanding any other provision of
law, a claim relating to whether a final agency action complies
with the requirements of this Act shall be barred unless--
``(A) the claim is filed not later than 150 days
after the final agency action is made public, unless a
shorter deadline is specified under Federal law;
``(B) in the case of a final agency action for
which there was a public comment period on an
environmental document, the claim--
``(i) is filed by a party that submitted a
substantive and unique comment during that
public comment period by the noticed comment
deadline for the environmental document and the
comment was sufficiently detailed to put the
applicable Federal agency on notice of the
issue on which the party seeks review; and
``(ii) concerns the same subject matter
raised in the comment submitted during the
public comment period;
``(C) the claim is filed by a party that has
suffered or imminently will suffer direct harm from the
final agency action; and
``(D) the claim does not challenge the
establishment of a categorical exclusion.
``(2) Supplemental environmental documents.--
``(A) In general.--If a Federal agency issues a
supplemental environmental document in response to a
court order remanding a final agency action, the
deadline described in paragraph (1)(A) shall be the
date on which the Federal agency makes public the
agency action for which the supplemental environmental
document is prepared.
``(B) Limitation.--A claim for review of a final
agency action described in subparagraph (A) shall be
limited to information contained in the final
supplemental environmental document that was not
contained in a previous environmental document for the
final agency action.
``(3) Actions for use of tribal trust resources.--
``(A) In general.--Except as provided in
subparagraph (B), for any final agency action that
authorizes or affects the use of land, minerals, or
other resources held in trust at the time of the final
agency action by the United States for the benefit of a
federally recognized Indian Tribe, there shall be no
administrative or judicial review of the final agency
action based on a claim of failure to comply with the
requirements of this Act.
``(B) Exception.--Subparagraph (A) shall not apply
to actions for administrative or judicial review--
``(i) brought by the federally recognized
Indian Tribe for which the United States holds
the land, minerals, or other resources in
trust; or
``(ii) that involve reasonably foreseeable
effects of the final agency action that occur
outside the land, minerals, or other resources
held in trust by the United States for the
benefit of a federally recognized Indian Tribe.
``(c) Deadline for Resolution.--
``(1) In general.--A court shall issue a final judgment on
a claim relating to whether a final agency action complies with
the requirements of this Act--
``(A) as expeditiously as practicable; and
``(B) unless a shorter deadline is specified under
Federal law, not later than the date that is 180 days
after the date on which the agency record for the
review is filed with the reviewing court, which shall
be not more than 60 days after the filing of the claim.
``(2) Accelerated deadlines.--Nothing in this subsection
prevents a court from further expediting review of a claim
relating to whether a final agency action complies with the
requirements of this Act.
``(3) Appeals.--
``(A) Filing.--
``(i) In general.--A notice of appeal of a
final judgment described in this subsection
shall be filed not later than 60 days after the
final judgment is issued.
``(ii) Remanded actions.--In the case of a
final agency action remanded under subsection
(a)(1), the Federal agency and, if applicable,
the applicant shall have the right to appeal
during the pendency of the remand.
``(B) Deadline for review.--A court shall issue a
final decision on an appeal filed under subparagraph
(A)--
``(i) as expeditiously as practicable; and
``(ii) not later than the date that is 180
days after the date on which the notice of the
appeal is filed.
``(d) No Effect on Review of Compliance With Other Deadlines.--
Nothing in this section affects the right to obtain review under
section 107(g)(3).''.
<all>