[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5638-S5639]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2251. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of the amendment, add the following:

        DIVISION __--NATIONAL ENVIRONMENTAL POLICY ACT TIMELINES

     SEC. ___. NATIONAL ENVIRONMENTAL POLICY ACT TIMELINES.

       Title I of the National Environmental Policy Act of 1969 is 
     amended--
       (1) by redesignating section 105 (42 U.S.C. 4335) as 
     section 106; and
       (2) by inserting after section 104 (42 U.S.C. 4334) the 
     following:

     ``SEC. 105. APPLICABLE TIMELINES.

       ``(a) Definitions.--In this section:
       ``(1) Environmental impact statement.--The term 
     `environmental impact statement' means a detailed statement 
     required under section 102(2)(C).
       ``(2) Federal agency.--The term `Federal agency' includes a 
     State that has assumed responsibility under section 327 of 
     title 23, United States Code.
       ``(3) Head of a federal agency.--The term `head of a 
     Federal agency' includes the governor or head of an 
     applicable State agency of a State that has assumed 
     responsibility under section 327 of title 23, United States 
     Code.
       ``(4) NEPA process.--
       ``(A) In general.--The term `NEPA process' means the 
     entirety of every process, analysis, or other measure, 
     including an environmental impact statement, required to be 
     carried out by a Federal agency under this title before the 
     agency undertakes a proposed action.
       ``(B) Period.--For purposes of subparagraph (A), the NEPA 
     process--
       ``(i) begins on the date on which the head of a Federal 
     agency receives an application for a proposed action from a 
     project sponsor; and
       ``(ii) ends on the date on which the Federal agency issues, 
     with respect to the proposed action--

       ``(I) a record of decision, including, if necessary, a 
     revised record of decision;
       ``(II) a finding of no significant impact; or
       ``(III) a categorical exclusion under this title.

       ``(5) Project sponsor.--The term `project sponsor' means a 
     Federal agency or other entity, including a private or 
     public-private entity, that seeks approval of a proposed 
     action.
       ``(b) Applicable Timelines.--
       ``(1) NEPA process.--
       ``(A) In general.--The head of a Federal agency shall 
     complete the NEPA process for a proposed action of the 
     Federal agency, as described in subsection (a)(4)(B)(ii), not 
     later than 2 years after the date described in subsection 
     (a)(4)(B)(i).
       ``(B) Environmental documents.--Within the period described 
     in subparagraph (A), not later than 1 year after the date 
     described in subsection (a)(4)(B)(i), the head of the Federal 
     agency shall, with respect to the proposed action--
       ``(i) issue--

       ``(I) a finding that a categorical exclusion applies to the 
     proposed action; or
       ``(II) a finding of no significant impact; or

       ``(ii) publish a notice of intent to prepare an 
     environmental impact statement in the Federal Register.
       ``(C) Environmental impact statement.--If the head of a 
     Federal agency publishes a notice of intent described in 
     subparagraph (B)(ii), within the period described in 
     subparagraph (A) and not later than 1 year after the date on 
     which the head of the Federal agency publishes the notice of 
     intent, the head of the Federal agency shall complete the 
     environmental impact statement and, if necessary, any 
     supplemental environmental impact statement for the proposed 
     action.
       ``(D) Penalties.--
       ``(i) Definitions.--In this subparagraph:

[[Page S5639]]

       ``(I) Director.--The term `Director' means the Director of 
     the Office of Management and Budget.
       ``(II) Federal agency.--The term `Federal agency' does not 
     include a State.
       ``(III) Final nepa compliance date.--The term `final NEPA 
     compliance date', with respect to a proposed action, means 
     the date by which the head of a Federal agency is required to 
     complete the NEPA process under subparagraph (A).
       ``(IV) Head of a federal agency.--The term `head of a 
     Federal agency' does not include the governor or head of a 
     State agency of a State.
       ``(V) Initial eis compliance date.--The term `initial EIS 
     compliance date', with respect to a proposed action for which 
     a Federal agency published a notice of intent described in 
     subparagraph (B)(ii), means the date by which an 
     environmental impact statement for that proposed action is 
     required to be completed under subparagraph (C).
       ``(VI) Initial nepa compliance date.--The term `initial 
     NEPA compliance date', with respect to a proposed action, 
     means the date by which the head of a Federal agency is 
     required to issue or publish a document described in 
     subparagraph (B) for that proposed action under that 
     subparagraph.
       ``(VII) Initial noncompliance determination.--The term 
     `initial noncompliance determination' means a determination 
     under clause (ii)(I)(bb) that the head of a Federal agency 
     has not complied with the requirements of subparagraph (A), 
     (B), or (C).

       ``(ii) Initial noncompliance.--

       ``(I) Determination.--

       ``(aa) Notification.--As soon as practicable after the date 
     described in subsection (a)(4)(B)(i) for a proposed action of 
     a Federal agency, the head of the Federal agency shall notify 
     the Director that the head of the Federal agency is beginning 
     the NEPA process for that proposed action.
       ``(bb) Determinations of compliance.--
       ``(AA) Initial determination.--As soon as practicable after 
     the initial NEPA compliance date for a proposed action, the 
     Director shall determine whether, as of the initial NEPA 
     compliance date, the head of the Federal agency has complied 
     with subparagraph (B) for that proposed action.
       ``(BB) Environmental impact statement.--With respect to a 
     proposed action of a Federal agency in which the head of the 
     Federal agency publishes a notice of intent described in 
     subparagraph (B)(ii), as soon as practicable after the 
     initial EIS compliance date for a proposed action, the 
     Director shall determine whether, as of the initial EIS 
     compliance date, the head of the Federal agency has complied 
     with subparagraph (C) for that proposed action.
       ``(CC) Completion of nepa process.--As soon as practicable 
     after the final NEPA compliance date for a proposed action, 
     the Director shall determine whether, as of the final NEPA 
     compliance date, the head of the Federal agency has complied 
     with subparagraph (A) for that proposed action.

       ``(II) Identification; penalty; notification.--If the 
     Director makes an initial noncompliance determination for a 
     proposed action--

       ``(aa) the Director shall identify the account for the 
     salaries and expenses of the office of the head of the 
     Federal agency, or an equivalent account;
       ``(bb) beginning on the day after the date on which the 
     Director makes the initial noncompliance determination, the 
     amount that the head of the Federal agency may obligate from 
     the account identified under item (aa) for the fiscal year 
     during which the determination is made shall be reduced by 
     0.5 percent from the amount initially made available for the 
     account for that fiscal year; and
       ``(cc) the Director shall notify the head of the Federal 
     agency of--
       ``(AA) the initial noncompliance determination;
       ``(BB) the account identified under item (aa); and
       ``(CC) the reduction under item (bb).
       ``(iii) Continued noncompliance.--

       ``(I) Determination.--Every 90 days after the date of an 
     initial noncompliance determination, the Director shall 
     determine whether the head of the Federal agency has complied 
     with the applicable requirements of subparagraphs (A) through 
     (C) for the proposed action, until the date on which the 
     Director determines that the head of the Federal agency has 
     completed the NEPA process for the proposed action.
       ``(II) Penalty; notification.--For each determination made 
     by the Director under subclause (I) that the head of a 
     Federal agency has not complied with a requirement of 
     subparagraph (A), (B), or (C) for a proposed action--

       ``(aa) the amount that the head of the Federal agency may 
     obligate from the account identified under clause 
     (ii)(II)(aa) for the fiscal year during which the most recent 
     determination under subclause (I) is made shall be reduced by 
     0.5 percent from the amount initially made available for the 
     account for that fiscal year; and
       ``(bb) the Director shall notify the head of the Federal 
     agency of--
       ``(AA) the determination under subclause (I); and
       ``(BB) the reduction under item (aa).
       ``(iv) Requirements.--

       ``(I) Amounts not restored.--A reduction in the amount that 
     the head of a Federal agency may obligate under clause 
     (ii)(II)(bb) or (iii)(II)(aa) during a fiscal year shall not 
     be restored for that fiscal year, without regard to whether 
     the head of a Federal agency completes the NEPA process for 
     the proposed action with respect to which the Director made 
     an initial noncompliance determination or a determination 
     under clause (iii)(I).
       ``(II) Required timelines.--The violation of subparagraph 
     (B) or (C), and any action carried out to remediate or 
     otherwise address the violation, shall not affect any other 
     applicable compliance date under subparagraph (A), (B), or 
     (C).

       ``(2) Authorizations and permits.--
       ``(A) In general.--Not later than 90 days after the date 
     described in subsection (a)(4)(B)(ii), the head of a Federal 
     agency shall issue--
       ``(i) any necessary permit or authorization to carry out 
     the proposed action; or
       ``(ii) a denial of the permit or authorization necessary to 
     carry out the proposed action.
       ``(B) Effect of failure to issue authorization or permit.--
     If a permit or authorization described in subparagraph (A) is 
     not issued or denied within the period described in that 
     subparagraph, the permit or authorization shall be considered 
     to be approved.
       ``(C) Denial of permit or authorization.--
       ``(i) In general.--If a permit or authorization described 
     in subparagraph (A) is denied, the head of the Federal agency 
     shall describe to the project sponsor--

       ``(I) the basis of the denial; and
       ``(II) recommendations for the project sponsor with respect 
     to how to address the reasons for the denial.

       ``(ii) Recommended changes.--If the project sponsor carries 
     out the recommendations of the head of the Federal agency 
     under clause (i)(II) and notifies the head of the Federal 
     agency that the recommendations have been carried out, the 
     head of the Federal agency--

       ``(I) shall decide whether to issue the permit or 
     authorization described in subparagraph (A) not later than 90 
     days after date on which the project sponsor submitted the 
     notification; and
       ``(II) shall not carry out the NEPA process with respect to 
     the proposed action again.''.

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