[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Page S5641]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2253. 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 __--REQUIRED REPORTS UNDER THE NATIONAL ENVIRONMENTAL POLICY
ACT
SEC. __. REQUIRED REPORTS UNDER NEPA.
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. REQUIRED REPORTS.
``(a) Definitions.--In this section:
``(1) Environmental assessment.--The term `environmental
assessment' has the meaning given the term in section 1508.1
of title 40, Code of Federal Regulations (or a successor
regulation).
``(2) Environmental impact statement.--The term
`environmental impact statement' means a detailed statement
required under section 102(2)(C).
``(3) Federal agency.--The term `Federal agency' includes a
State that has assumed responsibility under section 327 of
title 23, United States Code.
``(4) 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.
``(5) 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.
``(6) 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) Reports.--
``(1) NEPA data.--
``(A) In general.--The head of each Federal agency that
carries out the NEPA process shall carry out a process to
track, and annually submit to Congress a report containing,
the information described in subparagraph (B).
``(B) Information described.--The information referred to
in subparagraph (A) is, with respect to the Federal agency
issuing the report under that subparagraph--
``(i) the number of proposed actions for which a
categorical exclusion was issued during the reporting period;
``(ii) the length of time the Federal agency took to issue
the categorical exclusions described in clause (i);
``(iii) the number of proposed actions pending on the date
on which the report is submitted for which the issuance of a
categorical exclusion is pending;
``(iv) the number of proposed actions for which an
environmental assessment was issued during the reporting
period;
``(v) the length of time the Federal agency took to
complete each environmental assessment described in clause
(iv);
``(vi) the number of proposed actions pending on the date
on which the report is submitted for which an environmental
assessment is being drafted;
``(vii) the number of proposed actions for which an
environmental impact statement was issued during the
reporting period;
``(viii) the length of time the Federal agency took to
complete each environmental impact statement described in
clause (vii); and
``(ix) the number of proposed actions pending on the date
on which the report is submitted for which an environmental
impact statement is being drafted.
``(2) NEPA costs.--
``(A) In general.--Not later than 1 year after the date of
enactment of this subsection, the Chair of the Council on
Environmental Quality and the Director of the Office of
Management and Budget shall jointly develop a methodology to
assess the comprehensive costs of the NEPA process.
``(B) Requirements.--The head of each Federal agency that
carries out the NEPA process shall--
``(i) adopt the methodology developed under subparagraph
(A); and
``(ii) use the methodology developed under subparagraph (A)
to annually submit to Congress a report describing--
``(I) the comprehensive cost of the NEPA process for each
proposed action that was carried out within the reporting
period; and
``(II) for a proposed action for which the head of the
Federal agency is still completing the NEPA process at the
time the report is submitted--
``(aa) the amount of money expended to date to carry out
the NEPA process for the proposed action; and
``(bb) an estimate of the remaining costs before the NEPA
process for the proposed action is complete.''.
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