[Congressional Record Volume 166, Number 107 (Wednesday, June 10, 2020)]
[Senate]
[Pages S2892-S2893]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1644. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1617 proposed by Mr. Gardner (for himself, Mr. Manchin, 
Mr. Daines, Mr. Warner, Mr. Portman, Ms. Cantwell, Mr. Alexander, Mr. 
King, Mr. Burr, Mr. Tester, Ms. Collins, Mr. Udall, Mr. Boozman, Mr. 
Schumer, Mr. Blunt, Ms. Harris, Mrs. Capito, Mr. Peters, Mr. Tillis, 
Ms. Baldwin, Ms. McSally, Mr. Casey, Mr. Graham, Mr. Heinrich, Mr. 
Bennet, Mrs. Feinstein, Mr. Sanders, Mr. Booker, Ms. Cortez Masto, Mr. 
Merkley, Mr. Wyden, Mr. Kaine, Ms. Sinema, Ms. Rosen, Mr. Coons, Ms. 
Smith, Ms. Hassan, Mrs. Gillibrand, Mrs. Murray, Mr. Durbin, Mrs. 
Shaheen, Mr. Blumenthal, Mr. Jones, Mr. Van Hollen, Mr. Menendez, Mr. 
Cardin, Mr. Brown, Ms. Hirono, Ms. Warren, Mr. Murphy, Ms. Klobuchar, 
Ms. Duckworth, Ms. Stabenow, Mr. Leahy, Mr. McConnell, Mr. Markey, Mr. 
Roberts, Mr. Perdue, Mr. Cramer, and Mr. Schatz) to the bill H.R. 1957, 
to amend the Internal Revenue Code of 1986 to modernize and improve the 
Internal Revenue Service, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. REUSE OF WORK UNDER NEPA.

       Section 200402 of title 54, United States Code (as added by 
     section 2(a)), is amended by adding at the end the following:
       ``(l) Reuse of Work Under NEPA.--

[[Page S2893]]

       ``(1) Definitions.--In this subsection:
       ``(A) Environmental impact statement.--The term 
     `environmental impact statement' means a detailed statement 
     required under section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
       ``(B) NEPA process.--
       ``(i) In general.--The term `NEPA process', with respect to 
     a proposed action, means the entirety of every process, 
     analysis, or other measure, including an environmental impact 
     statement, required to be carried out by a covered agency 
     under title I of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4331 et seq.) before the covered agency 
     undertakes the proposed action.
       ``(ii) Period.--For purposes of clause (i), the NEPA 
     process--

       ``(I) begins on the date on which the head of a covered 
     agency receives an application for a proposed action from a 
     project sponsor; and
       ``(II) ends on the date on which the covered agency issues, 
     with respect to the proposed action--

       ``(aa) a record of decision, including, if necessary, a 
     revised record of decision;
       ``(bb) a finding of no significant impact; or
       ``(cc) a categorical exclusion under title I of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4331 et 
     seq.).
       ``(C) Project sponsor.--The term `project sponsor' means a 
     covered agency or other entity, including a private or 
     public-private entity, that seeks approval of a proposed 
     action.
       ``(D) Proposed action.--The term `proposed action' means a 
     proposed action (within the meaning of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) to 
     carry out a project using amounts made available under the 
     Fund.
       ``(2) Reuse of work under nepa.--
       ``(A) In general.--Subject to subparagraph (B), in carrying 
     out the NEPA process for a proposed action, the head of a 
     covered agency shall--
       ``(i) use any applicable findings and research from a prior 
     NEPA process of any covered agency; and
       ``(ii) incorporate the findings and research described in 
     clause (i) into any applicable analysis under the NEPA 
     process.
       ``(B) Requirement for the reuse of findings and research.--
     The head of a covered agency may reuse the applicable 
     findings and research described in subparagraph (A) if--
       ``(i)(I) the project for which the head of the covered 
     agency is seeking to reuse the findings and research was in 
     close geographic proximity to the proposed action; and
       ``(II) the head of the covered agency determines that the 
     conditions under which the applicable findings and research 
     were issued have not substantially changed; or
       ``(ii)(I) the project for which the head of the covered 
     agency is seeking to reuse the findings and research was not 
     in close geographic proximity to the proposed action; and
       ``(II) the head of the covered agency determines that the 
     proposed action has similar issues or decisions as the 
     project.''.
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