[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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