[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5674-S5675]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2275. 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:

       Strike section 40206 and insert the following:

     SEC. 40206. NATIONAL ENVIRONMENTAL POLICY ACT TIMELINES FOR 
                   PROJECTS FOR CRITICAL MINERAL EXTRACTION, 
                   RECOVERY, AND DEVELOPMENT.

       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 FOR PROJECTS FOR CRITICAL 
                   MINERAL EXTRACTION, RECOVERY, AND DEVELOPMENT.

       ``(a) Definitions.--In this section:
       ``(1) Covered project.--The term `covered project' means a 
     proposed action that is a project for critical mineral 
     extraction, recovery, or development.
       ``(2) Critical mineral.--The term `critical mineral' has 
     the meaning given the term in section 7002(a) of the Energy 
     Act of 2020 (30 U.S.C. 1606(a)).
       ``(3) Environmental impact statement.--The term 
     `environmental impact statement' means a detailed statement 
     required under section 102(2)(C).
       ``(4) Federal agency.--The term `Federal agency' includes a 
     State that has assumed responsibility under section 327 of 
     title 23, United States Code.
       ``(5) 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.
       ``(6) 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 covered project.
       ``(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 covered project from a 
     project sponsor; and
       ``(ii) ends on the date on which the Federal agency issues, 
     with respect to the covered project--

       ``(I) a record of decision, including, if necessary, a 
     revised record of decision;

[[Page S5675]]

       ``(II) a finding of no significant impact; or
       ``(III) a categorical exclusion under this title.

       ``(7) 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 covered 
     project.
       ``(b) Applicable Timelines.--
       ``(1) NEPA process.--
       ``(A) In general.--The head of a Federal agency shall 
     complete the NEPA process for a covered project under the 
     jurisdiction of the Federal agency, as described in 
     subsection (a)(6)(B)(ii), not later than 2 years after the 
     date described in subsection (a)(6)(B)(i).
       ``(B) Environmental documents.--Within the period described 
     in subparagraph (A), not later than 1 year after the date 
     described in subsection (a)(6)(B)(i), the head of the Federal 
     agency shall, with respect to the covered project--
       ``(i) issue--

       ``(I) a finding that a categorical exclusion applies to the 
     covered project; 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 covered 
     project.
       ``(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 covered project; or
       ``(ii) a denial of the permit or authorization necessary to 
     carry out the covered project.
       ``(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 the date on which the project sponsor submitted 
     the notification; and
       ``(II) shall not carry out the NEPA process with respect to 
     the covered project again.''.

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