[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4944 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4944
To streamline permitting under the Natural Gas Act, the Federal Water
Pollution Control Act, and the National Environmental Policy Act of
1969, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2026
Mr. Armstrong (for himself, Ms. Lummis, Mr. Scott of Florida, and Mrs.
Britt) introduced the following bill; which was read twice and referred
to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To streamline permitting under the Natural Gas Act, the Federal Water
Pollution Control Act, and the National Environmental Policy Act of
1969, 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 ``American Energy and Mineral
Infrastructure Act of 2026''.
SEC. 2. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF NATURAL GAS
PIPELINES.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Environmental review.--The term ``environmental
review'' means the process of preparing, for a proposed agency
action in accordance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.)--
(A) an environmental impact statement;
(B) an environmental assessment;
(C) a categorical exclusion; and
(D) a finding of no significant impact.
(3) Federal authorization.--The term ``Federal
authorization'' has the meaning given that term in section
15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
(4) Project-related environmental review.--The term
``project-related environmental review'' means any
environmental review required to be conducted with respect to
the issuance of an authorization under section 3 of the Natural
Gas Act (15 U.S.C. 717b) or a certificate of public convenience
and necessity under section 7 of that Act (15 U.S.C. 717f).
(b) Commission Responsibilities.--In acting as the lead agency
under section 15(b)(1) of the Natural Gas Act (15 U.S.C. 717n(b)(1))
for the purposes of complying with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an authorization
under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity under section 7 of that
Act (15 U.S.C. 717f), the Commission shall, in accordance with this
section and other applicable Federal law--
(1) be the only lead agency;
(2) coordinate as early as practicable with each agency
designated as a participating agency under subsection (d)(3) to
ensure that the Commission develops information in conducting
its project-related environmental review that is usable by the
participating agency in considering an aspect of an application
for a Federal authorization for which the agency is
responsible; and
(3) take such actions as are necessary and proper to
facilitate the expeditious resolution of its project-related
environmental review.
(c) Deference to Commission.--In making a decision with respect to
a Federal authorization required with respect to an application for an
authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b)
or a certificate of public convenience and necessity under section 7 of
that Act (15 U.S.C. 717f), each agency shall give deference, to the
maximum extent authorized by law, to the scope of the project-related
environmental review that the Commission determines to be appropriate.
(d) Participating Agencies.--
(1) Identification.--The Commission shall identify, not
later than 30 days after the Commission receives an application
for an authorization under section 3 of the Natural Gas Act (15
U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of that Act (15 U.S.C. 717f), any
Federal or State agency, local government, or Indian Tribe that
may issue a Federal authorization or is required by Federal law
to consult with the Commission in conjunction with the issuance
of a Federal authorization required for such authorization or
certificate.
(2) Invitation.--
(A) In general.--Not later than 45 days after the
Commission receives an application for an authorization
under section 3 of the Natural Gas Act (15 U.S.C. 717b)
or a certificate of public convenience and necessity
under section 7 of that Act (15 U.S.C. 717f), the
Commission shall invite any agency identified under
paragraph (1) to participate in the review process for
the applicable Federal authorization.
(B) Deadline.--An agency invited under subparagraph
(A) shall submit a response to the Commission by not
later than 30 days after the date the invitation is
received, which may be extended by the Commission for
good cause for a period of not more than 15 days.
(C) Failure to meet deadline.--If an agency invited
under subparagraph (A) fails to meet the deadline
described in subparagraph (B), the agency shall not be
considered a participating or cooperating agency.
(3) Designation as participating agencies.--Not later than
60 days after the Commission receives an application for an
authorization under section 3 of the Natural Gas Act (15 U.S.C.
717b) or a certificate of public convenience and necessity
under section 7 of that Act (15 U.S.C. 717f), the Commission
shall designate an agency identified under paragraph (1) as a
participating agency with respect to that application unless
the agency informs the Commission, in writing, by the deadline
established pursuant to paragraph (2)(B), that the agency--
(A) has no jurisdiction or authority with respect
to the applicable Federal authorization;
(B) has no special expertise or information
relevant to any project-related environmental review;
or
(C) does not intend to submit comments for the
record for the project-related environmental review
conducted by the Commission.
(e) Comment Deadline.--The Commission is not required to respond to
comments regarding a Federal authorization submitted after the
applicable comment period is over.
(f) Water Quality Impacts.--
(1) In general.--Notwithstanding section 401 of the Federal
Water Pollution Control Act (33 U.S.C. 1341), a certification
under such section shall not be required with respect to a
Federal authorization.
(2) Coordination.--With respect to any environmental review
for a Federal authorization to conduct an activity that will
directly result in a discharge into the navigable waters
(within the meaning of the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.)), the Commission shall identify as an
agency under subsection (d)(1) the State in which the discharge
originates or will originate, or, if appropriate, the
interstate water pollution control agency having jurisdiction
over the navigable waters at the point where the discharge
originates or will originate.
(3) Proposed conditions.--A State or interstate agency
designated as a participating agency pursuant to paragraph (2)
may propose to the Commission terms or conditions for inclusion
in an authorization under section 3 of the Natural Gas Act (15
U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of that Act (15 U.S.C. 717f) that the
State or interstate agency determines are necessary to ensure
that any discharge described in paragraph (2) conducted
pursuant to such authorization or certification will comply
with the applicable provisions of sections 301, 302, 303, 306,
and 307 of the Federal Water Pollution Control Act (33 U.S.C.
1311, 1312, 1313, 1316, 1317).
(4) Commission consideration of conditions.--The Commission
may include a term or condition in an authorization under
section 3 of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity under section 7
of that Act (15 U.S.C. 717f) proposed by a State or interstate
agency under paragraph (3) only if the Commission finds with
clear and convincing evidence that the term or condition is
necessary to ensure that any discharge described in paragraph
(2) conducted pursuant to such authorization or certification
will comply with the applicable provisions of sections 301,
302, 303, 306, and 307 of the Federal Water Pollution Control
Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317).
(5) Commission denial of certificate.--The Commission may
deny an authorization under section 3 of the Natural Gas Act
(15 U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of that Act (15 U.S.C. 717f) based on
water quality concerns only if the Commission finds with clear
and convincing evidence that the proposed project cannot comply
with the applicable provisions of sections 301, 302, 303, 306,
and 307 of the Federal Water Pollution Control Act (33 U.S.C.
1311, 1312, 1313, 1316, 1317).
(g) Schedule.--
(1) Deadline for federal authorizations.--A deadline for a
Federal authorization required with respect to an application
for an authorization under section 3 of the Natural Gas Act (15
U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of that Act (15 U.S.C. 717f) set by
the Commission under section 15(c)(1) of that Act (15 U.S.C.
717n(c)(1)) shall be not later than 90 days after the
Commission completes its project-related environmental review,
unless an applicable schedule is otherwise established by
Federal law.
(2) Concurrent reviews.--Each Federal and State agency that
may consider an aspect of an application for a Federal
authorization required with respect to an application for
authorization under section 3 of the Natural Gas Act (15 U.S.C.
717b) or a certificate of public convenience and necessity
under section 7 of that Act (15 U.S.C. 717f) shall--
(A) carry out the obligations of that agency under
applicable law; and
(B) in considering an aspect of an application for
a Federal authorization required with respect to an
application for an authorization under section 3 of the
Natural Gas Act (15 U.S.C. 717b) or a certificate of
public convenience and necessity under section 7 of
that Act (15 U.S.C. 717f), shall--
(i) carry out the obligations of that
agency under applicable law concurrently, and
in conjunction with, the project-related
environmental review conducted by the
Commission, pursuant to a schedule established
by the Commission not to exceed 270 days, but
subject to the condition that the Commission
may, at the request of the agency and for good
cause, grant a single 60-day extension; and
(ii) not less often than once every 90
days, transmit to the Commission a report
describing the progress made in considering
such application for a Federal authorization.
(3) Failure to meet deadline.--If a Federal or State
agency, including the Commission, fails to meet a deadline for
a Federal authorization set forth in the schedule established
by the Commission under section 15(c)(1) of the Natural Gas Act
(15 U.S.C. 717n(c)(1)), not later than 5 days after such
deadline, the head of the relevant Federal agency (including,
in the case of a failure by a State agency, the Federal agency
overseeing the delegated authority) shall notify Congress and
the Commission of such failure and set forth a recommended
implementation plan to ensure completion of the action to which
such deadline applied.
(h) Consideration of Applications for Federal Authorization.--
(1) Issue identification and resolution.--
(A) Identification.--Federal and State agencies
that may consider an aspect of an application for a
Federal authorization shall identify, as early as
possible and not later than 90 days after receipt of a
request for the Federal authorization, any issues of
concern that may delay or prevent an agency from
working with the Commission to resolve such issues and
granting the Federal authorization.
(B) Issue resolution.--The Commission may forward
any issue of concern identified under subparagraph (A)
to the heads of the relevant agencies (including, in
the case of an issue of concern that is a failure by a
State agency, the Federal agency overseeing the
delegated authority, if applicable) for resolution.
(2) Remote surveys.--
(A) In general.--If a Federal or State agency
considering an aspect of an application for a Federal
authorization requires the person applying for the
Federal authorization to submit data, the agency
shall--
(i) consider any such data gathered by
aerial or other remote means that the person
submits; and
(ii) accept aerial surveys in absence of
clear and convincing evidence.
(B) Conditional approval.--The agency may grant a
conditional approval for a Federal authorization based
on data gathered by aerial or remote means, conditioned
on the verification of such data by subsequent onsite
inspection if the Commission determines that an onsite
inspection is likely to materially alter the final
determination of the Commission or the grant of the
certificate.
(3) Application processing.--The Commission, and Federal
and State agencies, may allow a person applying for a Federal
authorization to fund a third-party contractor to assist in
reviewing the application for the Federal authorization.
(i) Accountability, Transparency, Efficiency.--
(1) In general.--For an application for an authorization
under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity under section 7
of that Act (15 U.S.C. 717f) that requires multiple Federal
authorizations, the Commission, with input from any Federal or
State agency considering an aspect of the application, shall
track and make available to the public on the website of the
Commission information related to the actions required to
complete the Federal authorizations.
(2) Inclusions.--The information described in paragraph (1)
shall include the following:
(A) The schedule established by the Commission
under section 15(c)(1) of the Natural Gas Act (15
U.S.C. 717n(c)(1)).
(B) A list of all the actions required by each
applicable agency to complete permitting, reviews, and
other actions necessary to obtain a final decision on
the application.
(C) The expected completion date for each action
described in subparagraph (B).
(D) A point of contact at the agency responsible
for each such action.
(E) In the event that an action is still pending as
of the expected date of completion, a brief explanation
of the reasons for the delay.
(j) Strengthening Judicial Review of Natural Gas Act Projects.--
Section 19 of the Natural Gas Act (15 U.S.C. 717r) is amended--
(1) in subsection (b), in the eighth sentence, by striking
``certification'' and all that follows through the period at
the end and inserting ``certification as provided in section
1254 of title 28, United States Code.''; and
(2) in subsection (d)--
(A) in paragraph (3), in the first sentence, by
striking ``If the Court finds'' and inserting the
following: ``Except as provided in paragraph (6), if
the Court finds''; and
(B) by adding at the end the following:
``(6) Exception for certain orders or actions.--
``(A) In general.--Notwithstanding any other
provision of this section, for petitions challenging an
order or action taken by the Commission under section 3
or section 7, the court may not set aside, vacate, or
otherwise void that order or action.
``(B) Court action.--Notwithstanding chapter 7 of
title 5, United States Code, the Court shall remand the
proceeding, without vacatur or injunction, to the
applicable Federal or State agency to take appropriate
action if the Court finds that an order or action
described in paragraph (1)--
``(i) would prevent the construction,
expansion, or operation of the facility subject
to section 3 or 7; and
``(ii)(I) is inconsistent with applicable
Federal law; or
``(II) is not supported by clear and
convincing evidence.''.
SEC. 3. IMPROVING WATER QUALITY CERTIFICATIONS.
Section 401 of the Federal Water Pollution Control Act (33 U.S.C.
1341) is amended--
(1) in subsection (a)--
(A) by striking ``(a)(1) Any applicant'' and all
that follows through ``No license'' in the sixth
sentence of paragraph (1) and inserting the following:
``(a) Compliance With Applicable Requirements.--
``(1) Certification required.--
``(A) In general.--Any applicant for a Federal
license or permit to conduct any activity, including
the construction or operation of facilities, which may
result in a discharge directly into the navigable
waters shall provide the licensing or permitting agency
a certification from the State in which the discharge
originates or will originate or, if appropriate, from
the interstate water pollution control agency having
jurisdiction over the navigable waters at the point
where the discharge originates or will originate, that
any such discharge will comply with the applicable
provisions of sections 301, 302, 303, 306, and 307.
``(B) Certification of no applicable limitation.--
In the case of any discharge described in subparagraph
(A) for which there is not an applicable effluent
limitation or other limitation under sections 301(b)
and 302, and there is not an applicable standard under
sections 306 and 307, the State, interstate water
pollution control agency, or Administrator, as
applicable, shall so certify, except that any such
certification shall not be deemed to satisfy section
511(c).
``(C) Certification by the administrator.--In any
case in which a State or interstate water pollution
control agency has no authority to give a certification
under subparagraph (A)--
``(i) the certification shall be from the
Administrator; and
``(ii) subsection (d) shall apply to the
request for certification.
``(D) Procedures required.--
``(i) In general.--The Administrator and
each State and interstate water pollution
control agency that has authority to give a
certification under this subsection shall
establish procedures for public notice in the
case of all requests for certification under
this subsection by the State, interstate water
pollution control agency, or Administrator, as
applicable, and, to the extent that the State,
interstate water pollution control agency, or
Administrator determines it appropriate,
procedures for public hearings in connection
with specific requests.
``(ii) Decision criteria.--A decision to
grant or deny a request for certification under
this subsection shall be based solely on
whether the discharge complies with the
applicable provisions of sections 301, 302,
303, 306, and 307, and the grounds for that
decision shall be set forth in writing and
provided to the applicant.
``(iii) Deadline for requesting additional
information.--Not later than 90 days after the
date on which a State, an interstate water
pollution control agency, or the Administrator,
as applicable, receives a request for
certification under this subsection, the State,
interstate water pollution control agency, or
Administrator shall identify in writing any
specific additional materials or information
necessary for the request for certification to
be considered complete pursuant to subsection
(d).
``(iv) Publication requirement.--Not later
than 30 days after the date of enactment of
this clause, the Administrator and each State
and interstate water pollution control agency
that has authority to give a certification
under this subsection shall publish the
requirements for a certification under this
subsection for an applicant to use to
demonstrate to the Administrator, State, or
interstate water pollution control agency, as
applicable, compliance with the applicable
provisions of sections 301, 302, 303, 306, and
307.
``(E) Decisionmaking.--
``(i) Definition of receipt.--In this
subparagraph, the term `receipt', with respect
to a request for certification under this
subsection, means the date on which the State,
interstate water pollution control agency, or
Administrator, as applicable, initially
receives the request for certification,
regardless of whether the request for
certification is determined to be complete or
additional information is requested pursuant to
subparagraph (D)(iii).
``(ii) Actions on a request.--The State,
interstate water pollution control agency, or
Administrator, as applicable, may--
``(I) grant a request for
certification under this subsection
with or without conditions;
``(II) deny the request; or
``(III) waive the requirement for
certification under this subsection
with respect to the application for the
Federal license or permit.
``(iii) Failure to act.--
``(I) In general.--If a State, an
interstate water pollution control
agency, or the Administrator, as
applicable, fails to act on a request
for certification in accordance with
clause (ii) within a reasonable period
of time to be determined by the Federal
licensing or permitting agency (which
shall not exceed 1 year after receipt
of the request), the requirement for
certification under this subsection
shall be deemed to be waived with
respect to the application for the
Federal license or permit.
``(II) No judicial review.--
Notwithstanding any other provision of
law, a finding of a waiver by the
Federal licensing or permitting agency
under subclause (I) shall not be
subject to judicial review.
``(iv) No tolling.--The 1-year period
described in clause (iii) may not be tolled,
paused, or extended for any reason, including
through requests for additional information,
solicitation of public comment, or
environmental reviews.
``(F) No action.--No license''; and
(B) in paragraph (4), in the first sentence, by
striking ``any discharge into the navigable waters''
and inserting ``a discharge directly into the navigable
waters'';
(2) in subsection (b), by striking ``(b) Nothing'' and
inserting the following:
``(b) Compliance With Other Provisions of Law Setting Applicable
Water Quality Requirements.--Except as provided in subsection (e),
nothing'';
(3) in subsection (c), by striking ``(c) In order'' and
inserting the following:
``(c) Authority of Secretary of the Army To Permit Spoil Disposal
Areas by Federal Licensees or Permittees.--In order''; and
(4) by striking subsection (d) and inserting the following:
``(d) Certification Request Requirements.--
``(1) Written request required.--A request for
certification under subsection (a) shall be made in writing to
the State, interstate water pollution control agency, or
Administrator, as applicable.
``(2) Requirements for complete request.--A completed
request for certification under subsection (a) shall consist
of--
``(A) an identification of each applicant for the
Federal license or permit with respect to which
certification is requested;
``(B) a statement that information included in the
request for certification is truthful, accurate, and
complete, to the best knowledge of each applicant;
``(C) in the case of a request for certification
with respect to an individual permit or license--
``(i) an identification of the Federal
license or permit that is the subject of the
application with respect to which the
certification is requested;
``(ii) an identification, based on the
reasonable belief of the applicant at the time
the application is submitted, of any activity
the conduct of which is subject to the Federal
license or permit identified under clause (i);
``(iii) an identification of--
``(I) the location, point of
origin, and characteristics of any
discharge that may directly enter the
navigable waters; and
``(II) the location of the specific
navigable waters that would receive
such a discharge;
``(iv) a description of the means that may
be used to monitor, control, or manage a
discharge identified under clause (iii); and
``(v) a list of all other Federal,
interstate, Tribal, State, or local agency
authorizations required for the conduct of an
activity identified under clause (ii),
including a description of any authorizations
described in that list that are already
received; and
``(D) in the case of a request for certification
with respect to the issuance of a general license or a
general permit--
``(i) an identification of the proposed
categories of activities to be covered by the
general license or general permit;
``(ii) a description of the proposed
general license or general permit, which may
include a draft of the proposed general license
or general permit; and
``(iii) an estimate of the number of
discharges expected to result from the proposed
general license or general permit annually.
``(3) Prohibition.--No State or interstate water pollution
control agency, nor the Administrator, may, for purposes of a
request for certification under subsection (a), require the
inclusion of information beyond the information described in
paragraph (2).
``(e) Certification Conditions.--
``(1) In general.--A certification obtained under
subsection (a) shall set forth any effluent limitations and
other limitations and monitoring requirements necessary to
ensure that any discharge subject to a certification under that
subsection will comply with the applicable provisions of
sections 301, 302, 303, 306, and 307, and any such limitation
or requirement shall be imposed by the Federal licensing or
permitting agency as a condition on the applicable Federal
license or permit subject to the provisions of this section.
``(2) Requirements for conditions.--A certifying State or
interstate water pollution control agency, or the
Administrator, as applicable, may only include a condition on a
certification under subsection (a) that requires the applicant
to modify an activity of the applicant which may result in a
discharge directly into the navigable waters if the State,
interstate water pollution control agency, or Administrator
determines, based on clear and convincing evidence, that the
modification is--
``(A) necessary for the activity to avoid violating
an applicable provision of section 301, 302, 303, 306,
or 307;
``(B) least burdensome for the applicant, as
compared to other possible modifications, taking into
account--
``(i) technical feasibility;
``(ii) cost;
``(iii) the purpose of the applicant in
proposing the activity;
``(iv) impacts on the schedule for the
activity; and
``(v) the commercial viability of the
proposed condition; and
``(C) consistent with the requirements for the
Federal license or permit for which the certification
is sought.
``(3) Limitations on conditions for hydroelectric
projects.--A certification obtained under subsection (a) for a
hydroelectric project may not include conditions relating to
the quantity, timing, or rate of water flow over, through, or
around that project.
``(f) Requirements for Denial.--A certifying State or interstate
water pollution control agency, or the Administrator, as applicable,
may only deny a request for certification under subsection (a) if the
State, interstate water pollution control agency, or Administrator
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 an applicable provision of section 301, 302, 303, 306, or
307.
``(g) Enforcement.--Notwithstanding section 505, any condition
imposed on a Federal license or permit by a Federal licensing or
permitting agency under this section may only be enforced by that
Federal licensing or permitting agency.
``(h) Judicial Review.--
``(1) Scope.--This subsection applies to any civil action
for the review of a certification under subsection (a).
``(2) Jurisdiction.--
``(A) In general.--Notwithstanding section 19(d)(1)
of the Natural Gas Act (15 U.S.C. 717r(d)(1)) or any
other provision of law, a civil action subject to this
subsection shall be filed in a court of appeals of the
United States for--
``(i) the judicial circuit in which the
applicant is located or has its principal place
of business;
``(ii) the judicial circuit for the State
in which the project for which the
certification under subsection (a) would be
issued is or will be located; or
``(iii) the District of Columbia Circuit.
``(B) Original and exclusive jurisdiction.--A court
of appeals described in subparagraph (A) shall have
original and exclusive jurisdiction over the applicable
civil action.
``(C) Standing.--Notwithstanding any other
provision of law, no court shall have jurisdiction to
review a civil action subject to this subsection unless
the civil action is filed--
``(i) not later than 60 days after the date
on which final action on the certification
under subsection (a) is taken; and
``(ii) by--
``(I) the applicant; or
``(II) a person who has suffered,
or likely and imminently will suffer,
direct and irreparable economic harm
from the certification, subject to the
condition that an organization or
association shall satisfy the
requirement of this clause only if each
member of the organization or
association satisfies the requirement.
``(3) Expedited consideration.--
``(A) In general.--In reviewing a civil action
subject to this subsection, a court shall--
``(i) set any petition for review under
that civil action for expedited consideration;
and
``(ii) subject to subparagraph (B), issue a
final decision not later than 120 days after
the date on which the civil action is filed.
``(B) Extraordinary circumstances.--If a court
finds that there are extraordinary circumstances that
apply to a civil action subject to this subsection, the
court may extend the 120-day period described in
subparagraph (A)(ii) by an additional 60 days.
``(4) Standard of review.--In reviewing the denial of a
certification under subsection (a), a court shall find the
denial unlawful unless the court finds, based on clear and
convincing evidence, that--
``(A) the certifying State or interstate water
pollution control agency or the Administrator, as
applicable, has demonstrated that no condition would
achieve compliance with the applicable provisions of
section 301, 302, 303, 306, or 307; and
``(B) the certifying State or interstate water
pollution control agency or the Administrator, as
applicable, considered specific alternative conditions,
including alternatives offered by the applicant, and
determined that those alternative conditions would not
achieve compliance with applicable provisions of
section 301, 302, 303, 306, or 307.
``(5) Nonapplicant challenges.--If a party other than the
applicant brings a civil action subject to this subsection
against a certification obtained under subsection (a), the
nonapplicant party shall demonstrate, with clear and convincing
evidence, that the project or activity for which the
certification was granted fails to achieve compliance with
applicable provisions of section 301, 302, 303, 306, or 307.
``(6) Remedy.--
``(A) No vacatur.--Notwithstanding any other
provision of law, no court shall have the authority to
set aside, vacate, nullify, or otherwise render
unenforceable any certification under subsection (a).
``(B) Limited remedies.--In a review of a
certification under subsection (a), a court may only
affirm or modify the certification, and may remand the
certification to the State, interstate water pollution
control agency, or the Administrator, as applicable,
for corrective action.
``(i) Description of Applicable Provisions.--For purposes of this
section, the applicable provisions of sections 301, 302, 303, 306, and
307 are any applicable effluent limitations and other limitations under
section 301 or 302, any water quality standard in effect for a State
under section 303, any standard of performance under section 306, and
any prohibition, effluent standard, or pretreatment standard under
section 307.''.
SEC. 4. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
(a) Improving Water Quality General Permits.--Section 402(a) of the
Federal Water Pollution Control Act (33 U.S.C. 1342(a)) is amended by
adding at the end the following:
``(6) General permits.--
``(A) Permits authorized.--The Administrator may
issue general permits under this section on a State,
regional, or nationwide basis, or for a delineated
area, for discharges associated with any category of
activities the discharges of which are of similar types
and from similar sources.
``(B) Permit expiration notification.--If the
Administrator does not intend to issue a general permit
under this paragraph that covers discharges that are
substantially similar to discharges covered by a
previously issued general permit, not later than the
date that is 2 years before the date on which the
previously issued general permit will expire, the
Administrator shall publish in the Federal Register a
notice of the decision not to reissue the general
permit.
``(C) Application of permit terms of an expired
permit.--
``(i) In general.--If a general permit
issued under this paragraph expires and the
Administrator has not published a notice under
subparagraph (B), the Administrator shall,
until the date described in clause (ii)--
``(I) continue to apply the terms,
conditions, and requirements of the
expired general permit to any discharge
that was covered by the expired general
permit; and
``(II) apply those terms,
conditions, and requirements to any
discharge that would have been covered
by the expired general permit (in
accordance with any relevant
requirements for that coverage) if the
discharge had occurred before that
expiration.
``(ii) Date described.--The date referred
to in clause (i) is the date that is the
earlier of--
``(I) the date on which the
Administrator issues a new general
permit for discharges substantially
similar to those covered by the expired
general permit; and
``(II) the date that is 2 years
after the date on which the
Administrator publishes in the Federal
Register a notice described in
subparagraph (B).''.
(b) NPDES Permit Terms.--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''.
SEC. 5. PROVIDING CERTAINTY TO PERMITS FOR DREDGED OR FILL MATERIAL.
(a) Reducing Permitting Uncertainty.--
(1) In general.--Section 404(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1344(c)) is amended--
(A) in the third sentence--
(i) by striking ``his findings and his
reasons'' and inserting ``the findings and
reasons of the Administrator''; and
(ii) by striking ``The Administrator'' and
inserting the following:
``(4) Written determination.--The Administrator'';
(B) in the second sentence, by striking ``Before
making such determination,'' and inserting the
following:
``(3) Consultation.--Before making a determination under
paragraph (1),'';
(C) by striking ``(c) The Administrator'' and
inserting the following:
``(c) Specification or Use of Defined Area.--
``(1) In general.--The Administrator'';
(D) in paragraph (1) (as so designated)--
(i) by striking ``he is authorized''; and
(ii) by striking ``he determines, after
notice and opportunity for public hearings,''
and inserting ``the Administrator determines,
during the period described in paragraph (2)
and after notice and opportunity for public
hearings,''; and
(E) by inserting after paragraph (1) (as so
designated) the following:
``(2) Period of prohibition.--The period during which the
Administrator may prohibit the specification (including the
withdrawal of specification) of a defined area as a disposal
site, or deny or restrict the use of a defined area for
specification (including the withdrawal of specification) as a
disposal site, under paragraph (1) is the period that--
``(A) begins on the date on which an applicant
submits all the information required to complete an
application for a permit under this section; and
``(B) ends on the date on which the Secretary
issues the permit.''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply to a permit application submitted under section 404
of the Federal Water Pollution Control Act (33 U.S.C. 1344)
after the date of enactment of this Act.
(b) Nationwide Permitting Improvement.--
(1) In general.--Section 404(e) of the Federal Water
Pollution Control Act (33 U.S.C. 1344(e)) is amended--
(A) by striking ``(e)(1) In carrying out his
functions'' and inserting the following:
``(e) General Permits.--
``(1) Permits authorized.--In carrying out the functions of
the Secretary'';
(B) 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
(C) 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 less 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) Nationwide permits for linear projects.--
``(A) Definitions.--In this paragraph:
``(i) Linear infrastructure project.--The
term `linear infrastructure project' means a
project to carry out any activity required
for--
``(I) the construction, expansion,
maintenance, modification, or removal
of infrastructure and associated
facilities for the transmission from a
point of origin to a terminal point of
communications or electricity; or
``(II) the transportation from a
point of origin to a terminal point of
people, water, or wastewater.
``(ii) Linear pipeline project.--The term
`linear pipeline project' means a project to
carry out any activity required for the
construction, expansion, maintenance,
modification, or removal of infrastructure and
associated facilities for the transportation
from a point of origin to a terminal point of
carbon dioxide, fuel, or hydrocarbons, in the
form of a liquid, liquescent, gaseous, or
slurry substance or supercritical fluid,
including oil and gas pipeline facilities.
``(iii) Single and complete project.--The
term `single and complete project' has the
meaning given the term in section 330.2 of
title 33, Code of Federal Regulations (as in
effect on the date of enactment of this
paragraph).
``(B) Rule.--Notwithstanding any other provision of
this section, the Secretary shall issue and maintain
general permits on a nationwide basis under this
subsection for--
``(i) linear infrastructure projects that
result in a discharge of dredged or fill
material into less than 3 acres of navigable
waters for each single and complete project;
and
``(ii) linear pipeline projects that do not
result in the loss of navigable waters in an
area that is greater than 0.5 acres for each
single and complete project.
``(C) Pipeline threshold floor.--Nothing in
subparagraph (B)(ii) limits the authority of the
Secretary to authorize pipeline-related discharges of
dredged or fill material into areas of navigable waters
that are greater than 0.5 acres but below the 3-acre
threshold described in subparagraph (B)(i).
``(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) the requirements of section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) shall be satisfied by preparing an
environmental assessment (as defined in section 111 of
that Act (42 U.S.C. 4336e)) with respect to the general
permit.''.
(2) Regulatory revisions required.--The Secretary of the
Army, acting through the Chief of Engineers, shall
expeditiously revise the regulations applicable to carrying out
section 404(e) of the Federal Water Pollution Control Act (33
U.S.C. 1344(e)) in order to streamline the processes for
issuing general permits under that section to promote efficient
and consistent implementation of that section.
(3) Administration of nationwide permit program.--In
carrying out section 404(e) of the Federal Water Pollution
Control Act (33 U.S.C. 1344(e)), including in revising
regulations pursuant to paragraph (2), the Secretary of the
Army, acting through the Chief of Engineers, may not finalize
or implement any modification to--
(A) general condition 15 (relating to single and
complete projects), as included in the final rule of
the Corps of Engineers entitled ``Reissuance and
Modification of Nationwide Permits'' (86 Fed. Reg. 2744
(January 13, 2021));
(B) the definition of the term ``single and
complete linear project'', as included in the final
rule described in subparagraph (A); or
(C) the definition of the term ``single and
complete project'' under section 330.2 of title 33,
Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(c) Judicial Review.--Section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344) is amended--
(1) in subsection (t), by striking ``(t) Nothing in the
section'' and inserting the following:
``(u) Savings Provision.--Nothing in this section''; and
(2) by inserting after subsection (s) the following:
``(t) Judicial Review.--
``(1) Statute of limitations.--Notwithstanding any
applicable provision of law--
``(A) an action seeking judicial review of the
approval by the Administrator of a State permit program
pursuant to this section shall be filed not later than
60 days after the date on which the approval was
issued;
``(B) an action seeking judicial review of an
individual permit or general permit issued under this
section shall be filed not later than 60 days after the
date on which the permit was issued; and
``(C) an action seeking judicial review of a
verification that an activity involving the discharge
of dredged or fill material is authorized by a general
permit issued under this section shall be filed not
later than 60 days after the date on which the
verification was issued.
``(2) Limitation on commencement of certain actions.--
Notwithstanding any other provision of law, no action described
in subparagraph (A) or (B) of paragraph (1) may be commenced
unless the action--
``(A) is filed by a party that submitted a
comment--
``(i) during the public comment period for
the administrative proceedings related to the
action; and
``(ii) which was sufficiently detailed to
put the Administrator, the Secretary, or the
State, as applicable, on notice of the issue on
which the party seeks judicial review; and
``(B) is related to that comment.
``(3) Jurisdiction.--
``(A) In general.--Unless otherwise provided by
law, a civil action subject to this subsection shall be
filed in a court of appeals of the United States for--
``(i) the judicial circuit in which, as
applicable--
``(I) the applicant for the
applicable permit is located or has its
principal place of business; or
``(II) the person seeking the
applicable verification is located or
has its principal place of business;
``(ii) the judicial circuit for the State,
as applicable--
``(I) for which the approval for a
State permit program pursuant to this
section was sought; or
``(II) in which--
``(aa) the activity for
which the permit was sought
would be carried out; or
``(bb) the activity for
which the verification was
sought would be carried out; or
``(iii) the District of Columbia Circuit.
``(B) Original and exclusive jurisdiction.--A court
of appeals described in subparagraph (A) shall have
original and exclusive jurisdiction over the applicable
civil action.
``(C) Standing.--Notwithstanding any other
provision of law, no court shall have jurisdiction to
review a civil action subject to this subsection unless
the civil action is filed--
``(i) not later than 60 days after the date
on which the challenged action was finalized;
and
``(ii) by--
``(I) the applicant; or
``(II) a person who has suffered,
or likely and imminently will suffer,
direct and irreparable economic harm
from the approval, permit, or
verification, subject to the condition
that an organization or association
shall satisfy the requirement of this
clause only if each member of the
organization or association satisfies
the requirement.
``(4) Standard of review.--In reviewing the denial of a
permit under this section, a court shall find the denial
unlawful unless the court finds, based on clear and convincing
evidence, that--
``(A) the Secretary has demonstrated that no
condition on the permit would achieve compliance with
the applicable provisions of section 301, 302, 303,
306, or 307; and
``(B) the Secretary considered specific alternative
conditions, including alternatives offered by the
applicant, and determined that those alternative
conditions would not achieve compliance with this
section.
``(5) Nonapplicant challenges.--If a party other than the
applicant brings a civil action subject to this subsection
seeking review of a permit under this section, the nonapplicant
party shall demonstrate, with clear and convincing evidence,
that, as applicable, the approval of the State permit program,
the project for which the permit was granted, or the project
for which verification was provided fails to achieve compliance
with this section.
``(6) Remedies.--
``(A) Actions relating to permit programs.--If a
court determines that the Administrator, in issuing the
approval of a State permit program under this section,
did not comply with this section--
``(i) the court shall remand the matter to
the Administrator for further proceedings
consistent with the determination of the court;
and
``(ii) the court may not vacate, revoke,
enjoin, or otherwise limit the authority of the
State to issue permits under that State permit
program.
``(B) Actions relating to permits.--If a court
determines that the Secretary or a State, as
applicable, did not comply with the requirements of
this section in issuing an individual or general permit
under this section, or in verifying that an activity
involving a discharge of dredged or fill material is
authorized by a general permit issued under this
section, as applicable--
``(i) the court shall remand the matter to
the Secretary or the State, as applicable, for
further proceedings consistent with the
determination of the court;
``(ii) with respect to a determination
regarding the issuance of an individual or
general permit under this section--
``(I) the court may not vacate,
revoke, enjoin, or otherwise limit the
permit unless the court finds that
activities authorized under the permit
would present an imminent and
substantial danger to human health or
the environment for which there is no
other equitable remedy available under
the law; and
``(II) any injunction or other
limitation ordered pursuant to
subclause (I)--
``(aa) shall be narrowly
tailored to the specific
crossing, discharge, segment,
or activity found to present an
imminent and substantial
danger; and
``(bb) may not extend to
unrelated crossings, spreads,
or project segments that are
independently authorized and
not the source of the alleged
harm; and
``(iii) with respect to a determination
regarding a verification that an activity
involving a discharge of dredged or fill
material is authorized by a general permit
issued under this section, the court may not
enjoin or otherwise limit the discharge unless
the court finds that activities authorized
under the permit would present an imminent and
substantial danger to human health or the
environment for which there is no other
equitable remedy available under the law.
``(7) Timeline to act on court order.--If a court remands a
matter under paragraph (6), the court shall set and enforce a
reasonable schedule and deadline, which may not exceed 180 days
from the date on which the court remands the matter except as
otherwise required by law, for the Administrator, the
Secretary, or a State, as applicable, to take such actions as
the court may order.''.
SEC. 6. HARDROCK MINING MILL SITES.
(a) Multiple Mill Sites.--Section 2337 of the Revised Statutes (30
U.S.C. 42) is amended by adding at the end the following:
``(c) Additional Mill Sites.--
``(1) Definitions.--In this subsection:
``(A) Mill site.--The term `mill site' means a
location of public land that is reasonably necessary
for waste rock or tailings disposal or other operations
reasonably incident to mineral development on, or
production from land included in a plan of operations.
``(B) Operations; operator.--The terms `operations'
and `operator' have the meanings given those terms in
section 3809.5 of title 43, Code of Federal Regulations
(as in effect on the date of enactment of this
subsection).
``(C) Plan of operations.--The term `plan of
operations' means a plan of operations that an operator
must submit and the Secretary of the Interior or the
Secretary of Agriculture, as applicable, must approve
before an operator may begin operations, in accordance
with, as applicable--
``(i) subpart 3809 of title 43, Code of
Federal Regulations (or successor regulations
establishing application and approval
requirements); and
``(ii) part 228 of title 36, Code of
Federal Regulations (or successor regulations
establishing application and approval
requirements).
``(D) Public land.--The term `public land' means
land owned by the United States that is open to
location under sections 2319 through 2344 of the
Revised Statutes (30 U.S.C. 22 et seq.), including--
``(i) land that is mineral-in-character (as
defined in section 3830.5 of title 43, Code of
Federal Regulations (as in effect on the date
of enactment of this subsection));
``(ii) nonmineral land (as defined in
section 3830.5 of title 43, Code of Federal
Regulations (as in effect on the date of
enactment of this subsection)); and
``(iii) land where the mineral character
has not been determined.
``(2) In general.--Notwithstanding subsections (a) and (b),
where public land is needed by the proprietor of a lode or
placer claim for operations in connection with any lode or
placer claim within the proposed plan of operations, the
proprietor may--
``(A) locate and include within the plan of
operations as many mill site claims under this
subsection as are reasonably necessary for its
operations; and
``(B) use or occupy public land in accordance with
an approved plan of operations.
``(3) Mill sites convey no mineral rights.--A mill site
under this subsection does not convey mineral rights to the
locator.
``(4) Size of mill sites.--A location of a single mill site
under this subsection shall not exceed 5 acres.
``(5) Mill site and lode or placer claims on same tracts of
public land.--A mill site may be located under this subsection
on a tract of public land on which the claimant or operator
maintains a previously located lode or placer claim.
``(6) Effect on mining claims.--The location of a mill site
under this subsection shall not affect the validity of any lode
or placer claim, or any rights associated with such a claim.
``(7) Patenting.--A mill site under this section shall not
be eligible for patenting.
``(8) Savings provisions.--Nothing in this subsection--
``(A) diminishes any right (including a right of
entry, use, or occupancy) of a claimant;
``(B) creates or increases any right (including a
right of exploration, entry, use, or occupancy) of a
claimant on land that is not open to location under the
general mining laws;
``(C) modifies any provision of law or any prior
administrative action withdrawing land from location or
entry;
``(D) limits the right of the Federal Government to
regulate mining and mining-related activities
(including requiring claim validity examinations to
establish the discovery of a valuable mineral deposit)
in areas withdrawn from mining, including under--
``(i) the general mining laws;
``(ii) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et
seq.);
``(iii) the Wilderness Act (16 U.S.C. 1131
et seq.);
``(iv) sections 100731 through 100737 of
title 54, United States Code;
``(v) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
``(vi) division A of subtitle III of title
54, United States Code (commonly referred to as
the `National Historic Preservation Act'); or
``(vii) section 4 of the Act of July 23,
1955 (commonly known as the `Surface Resources
Act of 1955') (69 Stat. 368, chapter 375; 30
U.S.C. 612);
``(E) restores any right (including a right of
entry, use, or occupancy, or right to conduct
operations) of a claimant that--
``(i) existed prior to the date on which
the land was closed to, or withdrawn from,
location under the general mining laws; and
``(ii) that has been extinguished by such
closure or withdrawal; or
``(F) modifies section 404 of division E of the
Consolidated Appropriations Act, 2024 (Public Law 118-
42).''.
(b) Abandoned Hardrock Mine Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a separate account, to be known as the
``Abandoned Hardrock Mine Fund'' (referred to in this
subsection as the ``Fund'').
(2) Source of deposits.--Any amounts collected by the
Secretary of the Interior pursuant to the claim maintenance fee
under section 10101(a)(1) of the Omnibus Budget Reconciliation
Act of 1993 (30 U.S.C. 28f(a)(1)) on mill sites located under
subsection (c) of section 2337 of the Revised Statutes (30
U.S.C. 42) shall be deposited into the Fund.
(3) Use.--The Secretary of the Interior may make
expenditures from amounts available in the Fund, without
further appropriations, only to carry out section 40704 of the
Infrastructure Investment and Jobs Act (30 U.S.C. 1245).
(4) Allocation of funds.--Amounts made available under
paragraph (3)--
(A) shall be allocated in accordance with section
40704(e)(1) of the Infrastructure Investment and Jobs
Act (30 U.S.C. 1245(e)(1)); and
(B) may be transferred in accordance with section
40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)).
(c) Clerical Amendments.--Section 10101 of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f) is amended--
(1) by striking ``the Mining Law of 1872 (30 U.S.C. 28-
28e)'' each place it appears and inserting ``sections 2319
through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.)'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the second sentence, by striking
``Such claim maintenance fee'' and inserting
the following:
``(B) Fee.--The claim maintenance fee under
subparagraph (A)''; and
(ii) in the first sentence, by striking
``The holder of'' and inserting the following:
``(A) In general.--The holder of''; and
(B) in paragraph (2)--
(i) in the second sentence--
(I) by striking ``the Mining Law of
1872 (30 U.S.C. 28 to 28e)'' and
inserting ``sections 2319 through 2344
of the Revised Statutes (30 U.S.C. 22
et seq.)''; and
(II) by striking ``Such claim
maintenance fee'' and inserting the
following:
``(B) Fee.--The claim maintenance fee under
subparagraph (A)''; and
(ii) in the first sentence, by striking
``The holder of'' and inserting the following:
``(A) In general.--The holder of''; and
(3) in subsection (b)--
(A) in the second sentence, by striking ``The
location fee'' and inserting the following:
``(2) Fee.--The location fee''; and
(B) in the first sentence, by striking ``The claim
main tenance fee'' and inserting the following:
``(1) In general.--The claim maintenance fee''.
SEC. 7. AMENDMENTS TO NEPA.
(a) Purposes.--Section 2 of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321) is amended--
(1) by striking the section designation and heading and all
that follows through ``are: To'' and inserting the following:
``SEC. 2. PURPOSES.
``(a) Purposes.--The purposes of this Act are to''; and
(2) by adding at the end the following:
``(b) Intent.--This Act--
``(1) is a procedural statute intended to ensure Federal
agencies consider the environmental impacts of their actions
during the decisionmaking process;
``(2) does not mandate particular results; and
``(3) only prescribes a purely procedural process.
``(c) Effect.--Nothing in this Act--
``(1) mandates any specific environmental outcome or
result; or
``(2) confers substantive rights or imposes substantive
duties beyond procedural requirements.''.
(b) Procedure for Determination of Level of Review.--Section 106 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4336) is
amended--
(1) in the section heading, by inserting ``; scope of
review'' after ``level of review'';
(2) in subsection (a)--
(A) in paragraph (2), by striking ``109 of this
Act,'' and inserting ``109, a categorical exclusion
established by Congress,'';
(B) in paragraph (3), by striking ``or'';
(C) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(5) the proposed agency action is an action for which
such agency's compliance with another statute's requirements
serve a similar function as the requirements of this Act with
respect to such action; or
``(6) the proposed agency action--
``(A) relates to a project or action that has
already been reviewed pursuant to a State or Tribal
environmental review statute, ordinance, resolution,
regulation, or formally adopted policy; and
``(B) the lead agency determines such review meets
the requirements of this Act.'';
(3) in subsection (b)--
(A) in paragraph (2), in the first sentence--
(i) by striking ``does not'' and inserting
``is not likely to''; and
(ii) by striking ``109 of this Act,'' and
inserting ``109, a categorical exclusion
established by Congress,''; and
(B) in paragraph (3), by striking subparagraph (B)
and inserting the following:
``(B) is not required to undertake new scientific
or technical research--
``(i) unless the new scientific or
technical research is essential to a reasoned
choice among alternatives, and the overall
costs and time frame of obtaining it are not
unreasonable; or
``(ii) after the receipt of an application,
as applicable, with respect to such proposed
agency action.''; and
(4) by adding at the end the following:
``(c) Scope of Review.--In preparing an environmental document for
a proposed agency action, a Federal agency--
``(1) may only consider effects that share a reasonably
close causal relationship to, and are proximately caused by,
the immediate project or action under consideration; and
``(2) may not consider effects that are speculative,
attenuated from the project or action, separate in time or
place from the project or action, or in relation to separate
existing or potential future projects or actions.
``(d) Presumption of Negative Impacts of Taking No Action Relating
to Tribal Trust Resources.--For any proposed agency action carried out
on, or directly affecting, Tribal trust resources (including land and
minerals) that is initiated by the federally recognized Indian Tribe
for which the United States holds the affected resources in trust, and
for which an environmental document was prepared that included
consideration of a no action alternative, there shall be a presumption
that the effects of taking no action will be negative for the federally
recognized Indian Tribe.
``(e) Effect of Threshold Determinations on Other Agencies.--If a
lead agency determines that an environmental document is not required
to be prepared with respect to a proposed agency action under
subsection (a), no other Federal agency may prepare an environmental
document with respect to the proposed agency action.''.
(c) Timely and Unified Federal Reviews.--
(1) Lead agency.--Section 107(a) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4336a(a)) is
amended--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``at
the earliest practicable time'' and inserting
``in accordance with subsection (g)(2)'';
(ii) in subparagraph (D), by striking
``carry out the proposed agency action'' and
inserting ``carry out the proposed agency
action in accordance with the deadlines
described in subsection (g)''; and
(iii) in subparagraph (E)--
(I) by striking ``a review'' and
inserting ``an environmental review'';
and
(II) by striking ``such review''
and inserting ``such environmental
review''; and
(B) in paragraph (3)--
(i) in the first sentence, by inserting
``(including counties, boroughs, parishes, and
other political subdivisions of a State)''
after ``local agency''; and
(ii) by adding at the end the following:
``Such comments from Federal cooperating
agencies shall be limited to matters relating
to the proposed agency action with respect to
which the Federal cooperating agency has
jurisdiction by law.''.
(2) One document.--Section 107(b) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4336a(b)) is
amended--
(A) by striking ``To the extent practicable,'' and
inserting the following:
``(1) Document.--To the extent practicable,''; and
(B) by adding at the end the following:
``(2) Consideration timing.--
``(A) In general.--In preparing an environmental
document for a proposed agency action, no Federal
agency shall be required to consider any scientific or
technical research that becomes publicly available
after the earlier of, as applicable--
``(i) the date of receipt of an application
with respect to such proposed agency action;
and
``(ii) the date of publication of a notice
of intent or decision to prepare such
environmental document for such proposed agency
action.
``(B) Applicability to other law.--Nothing in this
paragraph affects any review of information required
under subchapter II of chapter 5 of title 5, United
States Code, with respect to comments received during
the public comment period as applicable.
``(C) Delay.--A Federal agency may not delay the
issuance of an environmental document or a final agency
action, including any decision or determination, on the
basis of awaiting new scientific or technical research
or information that was not available as of the earlier
of the dates described in subparagraph (A).''.
(3) Statement of purpose and need.--Section 107(d) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336a(d))
is amended by striking the period at the end and inserting ``,
which shall, where applicable, meet the goals of the
applicant.''.
(4) Deadlines.--Section 107(g) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4336a(g)) is
amended--
(A) by redesignating paragraphs (1), (2), and (3)
as paragraphs (3), (5), and (6), respectively;
(B) by inserting before paragraph (3) (as so
redesignated) the following:
``(1) Applications for authorizations.--
``(A) Notification of complete or incomplete
application.--Unless a shorter deadline is specified by
law, in connection with a proposed agency action for
which an applicant submitted an application for an
authorization to an agency, not later than 60 days
after the date on which the applicant submits the
application to the agency, the agency shall document
receipt of the application and--
``(i) notify the applicant that the
application is complete; or
``(ii) notify the applicant that the
application is incomplete and request, in
writing, any additional information that the
agency needs--
``(I) to determine that the
application is complete; and
``(II) to begin preparation of an
environmental document.
``(B) Agency determination.--
``(i) Complete determination.--If an agency
determines that an application is complete
under subparagraph (A)(i), the agency shall,
not later than 60 days after the date on which
the agency makes such determination--
``(I) notify the applicant that the
agency has determined that--
``(aa) the proposed agency
action is excluded pursuant to
1 of the agency's categorical
exclusions;
``(bb) the proposed agency
action is not a major Federal
action; or
``(cc) no further agency
action is required;
``(II) issue a notice of intent to
prepare an environmental impact
statement for the proposed agency
action; or
``(III) notify the applicant that
the agency has determined that
preparation of an environmental
assessment is necessary.
``(ii) Incomplete determination.--If an
agency requests additional information under
subparagraph (A)(ii), the deadline described in
clause (i) shall be based on the date on which
the agency receives the additional information
instead of the date on which the determination
is made.
``(2) Cooperating agencies.--
``(A) In general.--Not later than 21 days after the
date on which a lead agency issues a notice of intent
under paragraph (1)(B)(i)(II) or notifies an applicant
under paragraph (1)(B)(i)(III) with respect to a
proposed agency action, the lead agency shall--
``(i) identify all agencies that are likely
to have environmental review, authorization, or
other responsibilities with respect to the
proposed agency action; and
``(ii) invite each agency to become a
cooperating agency.
``(B) Deadline to accept invitation.--Not later
than 21 days after the date on which an agency receives
an invitation to become a cooperating agency under
subparagraph (A)(ii), the agency shall accept or deny
the invitation.
``(C) Convening of cooperating agencies.--Not later
than 7 days after the deadline described in
subparagraph (B) has passed for each agency that
received an invitation to become a cooperating agency
under subparagraph (A)(ii), the lead agency that sent
each invitation shall convene each agency that accepts
such an invitation to coordinate on developing the
schedule under subsection (a)(2)(D) for the applicable
proposed agency action.
``(D) Unidentified agencies.--If an agency that has
jurisdiction by law or special expertise with respect
to any environmental impact involved in a proposed
agency action is not identified under subparagraph
(A)(i), the lead agency with respect to the proposed
agency action shall--
``(i) invite such unidentified agency to
become a cooperating agency by not later than 7
days after the date on which the lead agency
becomes aware that the agency has jurisdiction
by law or special expertise; and
``(ii) if such agency accepts the
invitation, incorporate such agency into the
schedule developed under subsection (a)(2)(D)
and update such schedule accordingly by not
later than 14 days after the date on which the
agency accepts the invitation.'';
(C) in paragraph (3) (as so redesignated)--
(i) in the paragraph heading, by striking
``In general'' and inserting ``Review
timeline''; and
(ii) in the matter preceding subparagraph
(A), by striking ``paragraph (2)'' and
inserting ``paragraph (5)'';
(D) by inserting after paragraph (3) (as so
redesignated) the following:
``(4) Deadline for final agency action.--
``(A) In general.--For any proposed agency action
for which an applicant submitted an application for an
authorization to an agency, not later than 30 days
after completing an environmental impact statement or
an environmental assessment for the proposed agency
action, the lead agency, and any cooperating agency,
shall issue a final agency action.
``(B) Performance schedule.--The agency issuing the
final agency action under subparagraph (A) shall
include, in the final agency action, a performance
schedule for the completion of any other outstanding
authorizations.'';
(E) in paragraph (5) (as so redesignated)--
(i) by striking ``the deadline described in
paragraph (1)'' and inserting ``a deadline
described in this subsection''; and
(ii) by striking ``, in consultation with
the applicant, to'' and inserting ``if the
applicant approves such extension. If the
applicant approves such extension, the lead
agency shall'';
(F) in paragraph (6) (as so redesignated)--
(i) in subparagraph (A), by striking ``A
project sponsor may'' and inserting ``Except as
provided in subparagraph (C), a project sponsor
may''; and
(ii) by adding at the end the following:
``(C) Exception.--A project sponsor that approved
an extension of a deadline under paragraph (5) may not
obtain judicial review of a failure to act in
accordance with such deadline under subparagraph (A)
unless the lead agency fails to meet the new deadline
or is delaying for reasons other than those necessary
to complete its review.''; and
(G) by adding at the end the following:
``(7) Concurrent review.--In carrying out an environmental
review, the lead agency and each cooperating agency shall carry
out the obligations of that agency under other applicable laws
concurrently, and in conjunction, with other required reviews
for the proposed agency action, pursuant to the requirements of
applicable law, including, if applicable, this Act.''.
(d) Programmatic Environmental Documents.--Section 108 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336b) is
amended--
(1) in the matter preceding paragraph (1), by striking
``When an agency prepares'' and inserting the following:
``(a) Programmatic Environmental Documents.--When an agency
prepares'';'
(2) in subsection (a) (as so designated)--
(A) in paragraph (1), by striking ``5'' and
inserting ``10''; and
(B) in paragraph (2), by striking ``5'' and
inserting ``10''; and
(3) by adding at the end the following:
``(b) Reliance on Previously Completed Environmental Reviews.--
``(1) Actions that are substantially the same.--A lead
agency may satisfy the requirements of this Act with respect to
a major Federal action by relying on an environmental
assessment, environmental impact statement, or a categorical
exclusion determination that the lead agency, another Federal
agency, or a project sponsor under the supervision of a Federal
agency completed for another major Federal action if the lead
agency determines that--
``(A) the new major Federal action is substantially
the same as the other major Federal action or, if
applicable, an alternative analyzed in such
environmental assessment or environmental impact
statement; and
``(B) if applicable, the effects of the new major
Federal action are substantially the same as the
effects analyzed in such environmental assessment or
environmental impact statement.
``(2) Actions that are not substantially the same.--
``(A) In general.--If a new major Federal action is
not substantially the same as another major Federal
action or an alternative analyzed in an environmental
assessment or environmental impact statement completed
by the lead agency, another Federal agency, or a
project sponsor under the supervision of a Federal
agency, the lead agency may modify or augment any such
previously completed environmental assessment or
environmental impact statement as necessary to satisfy
the requirements of this Act with respect to the new
major Federal action.
``(B) Public availability.--The lead agency shall
make any environmental assessment or environmental
impact statement modified under subparagraph (A)
publicly available as a new environmental assessment or
environmental impact statement.''.
(e) Adoption of Categorical Exclusions.--Section 109 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336c) is
amended--
(1) in the matter preceding paragraph (1), in the first
sentence, by inserting ``, or that was legislatively enacted by
Congress,'' after ``procedures'';
(2) in paragraph (1), by inserting ``, or that was
established by Congress,'' after ``procedures''; and
(3) in paragraph (2), by inserting ``if applicable,''
before ``consult''.
(f) Definitions.--Section 111 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4336e) is amended--
(1) in paragraph (1), by inserting ``, or Congress deems by
statute,'' after ``Federal agency has determined'';
(2) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), (8), (11), (12), and (13) as paragraphs (2), (3),
(4), (5), (6), (7), (8), (11), (12), (13), and (15),
respectively, and moving all paragraphs of the section so as to
appear in numerical order;
(3) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Authorization.--The term `authorization' means any
lease, right-of-way, easement, license, permit, approval,
finding, determination, or other administrative decision issued
by an agency, or any interagency consultation, that is required
or authorized under Federal law in order to construct, modify,
or operate a project.'';
(4) in paragraph (10)--
(A) in subparagraph (B)--
(i) in clause (iii)--
(I) by inserting ``grants
(including capitalization grants), cost
share awards,'' after ``loan
guarantees,'';
(II) by striking ``sufficient'' and
inserting ``complete''; and
(III) by striking ``subsequent use
of such financial assistance or the'';
(ii) in clause (iv), by striking ``section
7(a) or (b) and of the Small Business Act (
U.S.C. 636(a)), or'' and inserting ``subsection
(a) or (b) of section 7 of the Small Business
Act (15 U.S.C. 636) or'';
(iii) by redesignating clauses (iv) through
(vii) as clauses (vi) through (ix),
respectively;
(iv) by inserting after clause (iii) the
following:
``(iv) farm ownership and operating loan
guarantees by the Farm Service Agency pursuant
to section 305 and subtitle B of the
Consolidated Farm and Rural Development Act (7
U.S.C. 1925, 1941 et seq.);
``(v) the issuance of a permit or other
authorization by a Federal agency where the
proposal under consideration is otherwise being
evaluated or was previously evaluated by the
lead agency in compliance with this Act;''; and
(v) in clause (viii) (as so redesignated),
by striking ``entirely''; and
(B) by adding at the end the following:
``(C) Additional exclusions.--An agency action may
not be determined to be a major Federal action solely
on the basis of the provision of Federal funds,
including a grant, loan, loan guarantee, and funding
assistance.''; and
(5) by inserting after paragraph (13) (as so redesignated)
the following:
``(14) Reasonably foreseeable.--
``(A) In general.--The term `reasonably
foreseeable', with respect to environmental effects of
a proposed agency action, means effects that share a
reasonably close causal relationship to, and are
proximately caused by, the immediate project or action
under consideration.
``(B) Exclusions.--The term `reasonably
foreseeable', with respect to environmental effects of
a proposed agency action, does not include effects that
are--
``(i) speculative;
``(ii) attenuated from the proposed agency
action;
``(iii) separate in time or place from the
proposed agency action; or
``(iv) in relation to separate existing or
potential future projects.''.
(g) Duties of the Council.--Section 204(4) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4344(4)) is amended by
inserting ``energy,'' after ``health,''.
(h) Judicial Review.--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 before section 111 the following:
``SEC. 110B. JUDICIAL REVIEW.
``(a) Role of the Court.--In reviewing a claim or petition for
review of whether a final agency action complies with the requirements
of this Act, a court--
``(1) shall afford substantial deference to the agency; and
``(2) may not substitute its judgment for that of the
agency with respect to the environmental effects included in
the final agency action or the environmental document.
``(b) 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 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 such deadline may
not exceed--
``(i) 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; and
``(ii) 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.
``(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.
``(3) Prohibition.--No court may issue a temporary
restraining order or preliminary injunction during
consideration of a claim or petition for review described in
subsection (a).
``(c) Limitations on Claims and Petitions for Review.--
``(1) In general.--Notwithstanding any other provision of
law (except as provided in subparagraph (A) with respect to a
shorter deadline), a claim or petition for review described in
subsection (a) shall be barred unless--
``(A) the claim or petition for review is filed not
later than 150 days after the date on which 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 or
petition for review for which there was a public
comment period on an environmental document, the claim
or petition for review--
``(i) is filed by a party that submitted a
substantive and unique comment during the
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 or petition for review is filed by
a party that has suffered or imminently will suffer
direct harm from the final agency action; and
``(D) the claim or petition for review does not
challenge the establishment of a categorical exclusion.
``(2) Supplemental environmental documents.--
``(A) In general.--If an 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 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.--For any final agency action that
authorizes or affects the use of land, minerals, or
other resources already held in trust at the time of
the final agency action by the United States for the
benefit of a federally recognized Indian Tribe, except
as provided in subparagraph (B), there shall be no
administrative or judicial review of the final agency
action or petition for review based on a claim of
failure to comply with the requirements of this Act.
``(B) Limitation.--Subparagraph (A) shall not apply
to actions for administrative or judicial review--
``(i) brought by a 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.
``(d) Deadline for Resolution.--
``(1) In general.--A court shall issue a final judgment on
a claim or petition for review described in subsection (a)--
``(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
not be more than 60 days after the filing of the claim
or petition for review.
``(2) Accelerated deadlines.--Nothing in this subsection
prevents a court from further expediting review of a claim or
petition for review described in subsection (a).
``(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
(b), the 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 appeal is
filed.
``(e) No Effect on Review of Compliance With Other Deadlines.--
Nothing in this section affects the right to obtain review under
section 107(g)(6).''.
<all>