[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Pages S5758-S5759]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2391. Mr. CRUZ 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:

        On page 304, between lines 3 and 4, insert the following:

     SEC. 11320. LIMITATIONS ON CLAIMS.

       (a) In General.--Section 139(l) of title 23, United States 
     Code, is amended by striking ``150 days'' each place it 
     appears and inserting ``90 days''.
       (b) Conforming Amendments.--
       (1) Section 330(e) of title 23, United States Code, is 
     amended--
       (A) in paragraph (2)(A), by striking ``150 days'' and 
     inserting ``90 days''; and
       (B) in paragraph (3)(B)(i), by striking ``150 days'' and 
     inserting ``90 days''.
       (2) Section 24201(a)(4) of title 49, United States Code, is 
     amended by striking ``of 150 days''.
       On page 2304, strike line 15.
       On page 2305, between lines 19 and 20, insert the 
     following:
       (C) in paragraph (4)(A), by striking ``or (C)'' and 
     inserting ``or (D)''; and
       On page 2305, strike lines 21 through 23 and insert the 
     following:
       (A) in subparagraph (A)--
       (i) by striking ``coordination'' and inserting 
     ``coordinated''; and
       (ii) by striking ``subparagraph (C)'' and inserting 
     ``subparagraph (D)'';
       (B) by redesignating subparagraphs (B) through (G) as 
     subparagraphs (C) through (H), respectively;
       (C) by inserting after subparagraph (A) the following:
       ``(B) Notice of intent and scoping.--
       ``(i) In general.--The permitting timetable under 
     subparagraph (A) shall require that not later than 5 business 
     days after the Coordinated Project Plan is required to be 
     established under paragraph (1)(A), the lead agency shall 
     publish in the Federal Register a notice of intent to prepare 
     the relevant environmental document required by NEPA.
       ``(ii) Environmental impact statements.--If the relevant 
     environmental document required by NEPA is an environmental 
     impact statement, the notice of intent required under clause 
     (i) and the permitting timetable under subparagraph (A) shall 
     provide for a public scoping period of not longer than 60 
     days, which shall begin not later than 30 days after the date 
     on which the notice of intent is published.'';
       (D) in clause (i) of subparagraph (E) (as so 
     redesignated)--
       On page 2306, line 11, strike ``and'' at the end.
       On page 2306, strike line 15 and insert the following:
       (iv) in subclause (IV) (as so redesignated), by striking 
     ``subparagraph (B)'' and inserting ``subparagraph (C)''; and
       (E) in subparagraph (G) (as so redesignated)--
       On page 2306, strike line 19.
       On page 2306, between lines 21 and 22, insert the 
     following:

       (III) by striking ``subparagraph (D)'' and inserting 
     ``subparagraph (E)''; and

       On page 2307, line 12, strike the period at the end and 
     insert ``; and''.
       On page 2307, between lines 12 and 13, insert the 
     following:
       (F) in clause (iii) of subparagraph (H) (as so 
     redesignated), by striking ``subparagraph (F)'' and inserting 
     ``subparagraph (G)''.
       On page 2310, strike lines 23 and 24 and insert the 
     following:
       (4) by redesignating subsection (f) as subsection (h); and
       On page 2311, strike lines 3 through 7 and insert the 
     following:
       ``(f) Final Environmental Impact Statement.--
       ``(1) Incorporation of comments and publication of final 
     environmental impact statement.--Subject to paragraph (2)(C), 
     not later than 30 days after the date on which the public 
     comment period for a draft environmental impact statement 
     under subsection (d) ends, the lead agency shall--
       ``(A) incorporate any necessary changes; and
       ``(B) approve, adopt, and publish the final environmental 
     impact statement.
       ``(2) Preparation by project sponsor.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, an environmental impact statement for a covered project 
     shall not be considered legally insufficient solely because 
     the draft environmental impact statement was prepared by, or 
     under the supervision of, the project sponsor, if the lead 
     agency--
       ``(i) furnishes guidance and participates in the 
     preparation of the environmental impact statement;
       ``(ii) independently evaluates the environmental impact 
     statement; and
       ``(iii) approves and adopts the environmental impact 
     statement.
       ``(B) Approval and adoption of draft statement.--If the 
     lead agency approves and adopts a draft environmental impact 
     statement described in subparagraph (A), the lead agency 
     shall publish the draft environmental impact statement for 
     public comment not later than 30 days after the date on which 
     the lead agency receives the draft environmental impact 
     statement.
       ``(C) Resubmission.--If the lead agency determines that a 
     draft environmental impact statement described in 
     subparagraph (A) is legally insufficient or deficient in a 
     respect that could affect the decision of a lead agency or a 
     cooperating agency, the lead agency shall, not later than 30 
     days after the date on which the agency receives the draft 
     environmental impact statement--
       ``(i) indicate all deficiencies in the draft environmental 
     impact statement to the project sponsor for remediation; and
       ``(ii) allow the project sponsor to resubmit the draft 
     detailed statement in accordance with subparagraph (B).
       ``(D) Savings provision.--The procedures under this 
     paragraph shall not relieve any agency of--
       ``(i) any responsibility for the scope, objectivity, or 
     content of an environmental impact statement; or
       ``(ii) any other responsibility under NEPA.
       ``(g) Record of Decision.--When an environmental impact 
     statement is prepared, Federal agencies shall, to the maximum 
     extent practicable, issue a record of decision not later than 
     90 days after the date on which the final environmental 
     impact statement is issued.''.
       On page 2311, line 20, strike ``and'' at the end.
       On page 2311, strike lines 21 through 23 and insert the 
     following:
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``In addition'' and inserting ``Subject to 
     subsection (c), in addition'';
       (3) by redesignating subsections (c) through (e) as 
     subsections (d) through (f), respectively;
       (4) by inserting after subsection (b) the following:
       ``(c) Preliminary Injunctive Relief in NEPA Actions.--In 
     the case of an action pertaining to an environmental review 
     conducted under NEPA, a court shall not issue a temporary 
     restraining order or preliminary injunction against an agency 
     or a project sponsor in connection with the review or 
     authorization of a covered project unless the court, in the 
     discretion of the court, determines that--

[[Page S5759]]

       ``(1) the environmental review has failed substantially and 
     materially to comply with the requirements of NEPA; and
       ``(2) the failure described in paragraph (1) cannot be 
     cured by supplementing the environmental document or other 
     mitigation and monitoring measures.''; and
       (5) in subsection (f) (as so redesignated), in the matter 
     preceding paragraph (1), by striking ``this section'' and 
     inserting ``this title''.
                                 ______