[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''.
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