[Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)]
[Senate]
[Pages S3089-S3097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5945. Mr. ARMSTRONG submitted an amendment intended to be proposed
by him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--AMERICAN ENERGY AND MINERAL INFRASTRUCTURE
SEC. 4801. SHORT TITLE.
This division may be cited as the ``American Energy and
Mineral Infrastructure Act of 2026''.
SEC. 4802. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF
NATURAL GAS PIPELINES.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Environmental review.--The term ``environmental
review'' means the process of preparing, for a proposed
agency action in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)--
(A) an environmental impact statement;
(B) an environmental assessment;
(C) a categorical exclusion; and
(D) a finding of no significant impact.
(3) Federal authorization.--The term ``Federal
authorization'' has the meaning given that term in section
15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
(4) Project-related environmental review.--The term
``project-related environmental review'' means any
environmental review required to be conducted with respect to
the issuance of an authorization under section 3 of the
Natural Gas Act (15 U.S.C. 717b) or a certificate of public
convenience and necessity under section 7 of that Act (15
U.S.C. 717f).
(b) Commission Responsibilities.--In acting as the lead
agency under section 15(b)(1) of the Natural Gas Act (15
U.S.C. 717n(b)(1)) for the purposes of complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to an authorization under section 3 of the
Natural Gas Act (15 U.S.C. 717b) or a certificate of public
convenience and necessity under section 7 of that Act (15
U.S.C. 717f), the Commission shall, in accordance with this
section and other applicable Federal law--
(1) be the only lead agency;
(2) coordinate as early as practicable with each agency
designated as a participating agency under subsection (d)(3)
to ensure that the Commission develops information in
conducting its project-related environmental review that is
usable by the participating agency in considering an aspect
of an application for a Federal authorization for which the
agency is responsible; and
(3) take such actions as are necessary and proper to
facilitate the expeditious resolution of its project-related
environmental review.
(c) Deference to Commission.--In making a decision with
respect to a Federal authorization required with respect to
an application for an authorization under section 3 of the
Natural Gas Act (15 U.S.C. 717b) or a certificate of public
convenience and necessity under section 7 of that Act (15
U.S.C. 717f), each agency shall give deference, to the
maximum extent authorized by law, to the scope of the
project-related environmental review that the Commission
determines to be appropriate.
(d) Participating Agencies.--
(1) Identification.--The Commission shall identify, not
later than 30 days after the Commission receives an
application for an authorization under section 3 of the
Natural Gas Act (15 U.S.C. 717b) or a certificate of public
convenience and necessity under section 7 of that Act (15
U.S.C. 717f), any Federal or State agency, local government,
or Indian Tribe that may issue a Federal authorization or is
required by Federal law to consult with the Commission in
conjunction with the issuance of a Federal authorization
required for such authorization or certificate.
(2) Invitation.--
(A) In general.--Not later than 45 days after the
Commission receives an application for an authorization under
section 3 of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity under section
7 of that Act (15 U.S.C. 717f), the Commission shall invite
any agency identified under paragraph (1) to participate in
the review process for the applicable Federal authorization.
(B) Deadline.--An agency invited under subparagraph (A)
shall submit a response to the Commission by not later than
30 days after the date the invitation is received, which may
be extended by the Commission for good cause for a period of
not more than 15 days.
[[Page S3090]]
(C) Failure to meet deadline.--If an agency invited under
subparagraph (A) fails to meet the deadline described in
subparagraph (B), the agency shall not be considered a
participating or cooperating agency.
(3) Designation as participating agencies.--Not later than
60 days after the Commission receives an application for an
authorization under section 3 of the Natural Gas Act (15
U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of that Act (15 U.S.C. 717f), the
Commission shall designate an agency identified under
paragraph (1) as a participating agency with respect to that
application unless the agency informs the Commission, in
writing, by the deadline established pursuant to paragraph
(2)(B), that the agency--
(A) has no jurisdiction or authority with respect to the
applicable Federal authorization;
(B) has no special expertise or information relevant to any
project-related environmental review; or
(C) does not intend to submit comments for the record for
the project-related environmental review conducted by the
Commission.
(e) Comment Deadline.--The Commission is not required to
respond to comments regarding a Federal authorization
submitted after the applicable comment period is over.
(f) Water Quality Impacts.--
(1) In general.--Notwithstanding section 401 of the Federal
Water Pollution Control Act (33 U.S.C. 1341), a certification
under such section shall not be required with respect to a
Federal authorization.
(2) Coordination.--With respect to any environmental review
for a Federal authorization to conduct an activity that will
directly result in a discharge into the navigable waters
(within the meaning of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.)), the Commission shall identify
as an agency under subsection (d)(1) the State in which the
discharge originates or will originate, or, if appropriate,
the interstate water pollution control agency having
jurisdiction over the navigable waters at the point where the
discharge originates or will originate.
(3) Proposed conditions.--A State or interstate agency
designated as a participating agency pursuant to paragraph
(2) may propose to the Commission terms or conditions for
inclusion in an authorization under section 3 of the Natural
Gas Act (15 U.S.C. 717b) or a certificate of public
convenience and necessity under section 7 of that Act (15
U.S.C. 717f) that the State or interstate agency determines
are necessary to ensure that any discharge described in
paragraph (2) conducted pursuant to such authorization or
certification will comply with the applicable provisions of
sections 301, 302, 303, 306, and 307 of the Federal Water
Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316,
1317).
(4) Commission consideration of conditions.--The Commission
may include a term or condition in an authorization under
section 3 of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity under section
7 of that Act (15 U.S.C. 717f) proposed by a State or
interstate agency under paragraph (3) only if the Commission
finds with clear and convincing evidence that the term or
condition is necessary to ensure that any discharge described
in paragraph (2) conducted pursuant to such authorization or
certification will comply with the applicable provisions of
sections 301, 302, 303, 306, and 307 of the Federal Water
Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316,
1317).
(5) Commission denial of certificate.--The Commission may
deny an authorization under section 3 of the Natural Gas Act
(15 U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of that Act (15 U.S.C. 717f) based
on water quality concerns only if the Commission finds with
clear and convincing evidence that the proposed project
cannot comply with the applicable provisions of sections 301,
302, 303, 306, and 307 of the Federal Water Pollution Control
Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317).
(g) Schedule.--
(1) Deadline for federal authorizations.--A deadline for a
Federal authorization required with respect to an application
for an authorization under section 3 of the Natural Gas Act
(15 U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of that Act (15 U.S.C. 717f) set by
the Commission under section 15(c)(1) of that Act (15 U.S.C.
717n(c)(1)) shall be not later than 90 days after the
Commission completes its project-related environmental
review, unless an applicable schedule is otherwise
established by Federal law.
(2) Concurrent reviews.--Each Federal and State agency that
may consider an aspect of an application for a Federal
authorization required with respect to an application for
authorization under section 3 of the Natural Gas Act (15
U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of that Act (15 U.S.C. 717f)
shall--
(A) carry out the obligations of that agency under
applicable law; and
(B) in considering an aspect of an application for a
Federal authorization required with respect to an application
for an authorization under section 3 of the Natural Gas Act
(15 U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of that Act (15 U.S.C. 717f),
shall--
(i) carry out the obligations of that agency under
applicable law concurrently, and in conjunction with, the
project-related environmental review conducted by the
Commission, pursuant to a schedule established by the
Commission not to exceed 270 days, but subject to the
condition that the Commission may, at the request of the
agency and for good cause, grant a single 60-day extension;
and
(ii) not less often than once every 90 days, transmit to
the Commission a report describing the progress made in
considering such application for a Federal authorization.
(3) Failure to meet deadline.--If a Federal or State
agency, including the Commission, fails to meet a deadline
for a Federal authorization set forth in the schedule
established by the Commission under section 15(c)(1) of the
Natural Gas Act (15 U.S.C. 717n(c)(1)), not later than 5 days
after such deadline, the head of the relevant Federal agency
(including, in the case of a failure by a State agency, the
Federal agency overseeing the delegated authority) shall
notify Congress and the Commission of such failure and set
forth a recommended implementation plan to ensure completion
of the action to which such deadline applied.
(h) Consideration of Applications for Federal
Authorization.--
(1) Issue identification and resolution.--
(A) Identification.--Federal and State agencies that may
consider an aspect of an application for a Federal
authorization shall identify, as early as possible and not
later than 90 days after receipt of a request for the Federal
authorization, any issues of concern that may delay or
prevent an agency from working with the Commission to resolve
such issues and granting the Federal authorization.
(B) Issue resolution.--The Commission may forward any issue
of concern identified under subparagraph (A) to the heads of
the relevant agencies (including, in the case of an issue of
concern that is a failure by a State agency, the Federal
agency overseeing the delegated authority, if applicable) for
resolution.
(2) Remote surveys.--
(A) In general.--If a Federal or State agency considering
an aspect of an application for a Federal authorization
requires the person applying for the Federal authorization to
submit data, the agency shall--
(i) consider any such data gathered by aerial or other
remote means that the person submits; and
(ii) accept aerial surveys in absence of clear and
convincing evidence.
(B) Conditional approval.--The agency may grant a
conditional approval for a Federal authorization based on
data gathered by aerial or remote means, conditioned on the
verification of such data by subsequent onsite inspection if
the Commission determines that an onsite inspection is likely
to materially alter the final determination of the Commission
or the grant of the certificate.
(3) Application processing.--The Commission, and Federal
and State agencies, may allow a person applying for a Federal
authorization to fund a third-party contractor to assist in
reviewing the application for the Federal authorization.
(i) Accountability, Transparency, Efficiency.--
(1) In general.--For an application for an authorization
under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity under section
7 of that Act (15 U.S.C. 717f) that requires multiple Federal
authorizations, the Commission, with input from any Federal
or State agency considering an aspect of the application,
shall track and make available to the public on the website
of the Commission information related to the actions required
to complete the Federal authorizations.
(2) Inclusions.--The information described in paragraph (1)
shall include the following:
(A) The schedule established by the Commission under
section 15(c)(1) of the Natural Gas Act (15 U.S.C.
717n(c)(1)).
(B) A list of all the actions required by each applicable
agency to complete permitting, reviews, and other actions
necessary to obtain a final decision on the application.
(C) The expected completion date for each action described
in subparagraph (B).
(D) A point of contact at the agency responsible for each
such action.
(E) In the event that an action is still pending as of the
expected date of completion, a brief explanation of the
reasons for the delay.
(j) Strengthening Judicial Review of Natural Gas Act
Projects.--Section 19 of the Natural Gas Act (15 U.S.C. 717r)
is amended--
(1) in subsection (b), in the eighth sentence, by striking
``certification'' and all that follows through the period at
the end and inserting ``certification as provided in section
1254 of title 28, United States Code.''; and
(2) in subsection (d)--
(A) in paragraph (3), in the first sentence, by striking
``If the Court finds'' and inserting the following: ``Except
as provided in paragraph (6), if the Court finds''; and
(B) by adding at the end the following:
``(6) Exception for certain orders or actions.--
``(A) In general.--Notwithstanding any other provision of
this section, for petitions challenging an order or action
taken by the Commission under section 3 or section 7, the
court may not set aside, vacate, or otherwise void that order
or action.
``(B) Court action.--Notwithstanding chapter 7 of title 5,
United States Code, the Court shall remand the proceeding,
without
[[Page S3091]]
vacatur or injunction, to the applicable Federal or State
agency to take appropriate action if the Court finds that an
order or action described in paragraph (1)--
``(i) would prevent the construction, expansion, or
operation of the facility subject to section 3 or 7; and
``(ii)(I) is inconsistent with applicable Federal law; or
``(II) is not supported by clear and convincing
evidence.''.
SEC. 4803. IMPROVING WATER QUALITY CERTIFICATIONS.
Section 401 of the Federal Water Pollution Control Act (33
U.S.C. 1341) is amended--
(1) in subsection (a)--
(A) by striking ``(a)(1) Any applicant'' and all that
follows through ``No license'' in the sixth sentence of
paragraph (1) and inserting the following:
``(a) Compliance With Applicable Requirements.--
``(1) Certification required.--
``(A) In general.--Any applicant for a Federal license or
permit to conduct any activity, including the construction or
operation of facilities, which may result in a discharge
directly into the navigable waters shall provide the
licensing or permitting agency a certification from the State
in which the discharge originates or will originate or, if
appropriate, from the interstate water pollution control
agency having jurisdiction over the navigable waters at the
point where the discharge originates or will originate, that
any such discharge will comply with the applicable provisions
of sections 301, 302, 303, 306, and 307.
``(B) Certification of no applicable limitation.--In the
case of any discharge described in subparagraph (A) for which
there is not an applicable effluent limitation or other
limitation under sections 301(b) and 302, and there is not an
applicable standard under sections 306 and 307, the State,
interstate water pollution control agency, or Administrator,
as applicable, shall so certify, except that any such
certification shall not be deemed to satisfy section 511(c).
``(C) Certification by the administrator.--In any case in
which a State or interstate water pollution control agency
has no authority to give a certification under subparagraph
(A)--
``(i) the certification shall be from the Administrator;
and
``(ii) subsection (d) shall apply to the request for
certification.
``(D) Procedures required.--
``(i) In general.--The Administrator and each State and
interstate water pollution control agency that has authority
to give a certification under this subsection shall establish
procedures for public notice in the case of all requests for
certification under this subsection by the State, interstate
water pollution control agency, or Administrator, as
applicable, and, to the extent that the State, interstate
water pollution control agency, or Administrator determines
it appropriate, procedures for public hearings in connection
with specific requests.
``(ii) Decision criteria.--A decision to grant or deny a
request for certification under this subsection shall be
based solely on whether the discharge complies with the
applicable provisions of sections 301, 302, 303, 306, and
307, and the grounds for that decision shall be set forth in
writing and provided to the applicant.
``(iii) Deadline for requesting additional information.--
Not later than 90 days after the date on which a State, an
interstate water pollution control agency, or the
Administrator, as applicable, receives a request for
certification under this subsection, the State, interstate
water pollution control agency, or Administrator shall
identify in writing any specific additional materials or
information necessary for the request for certification to be
considered complete pursuant to subsection (d).
``(iv) Publication requirement.--Not later than 30 days
after the date of enactment of this clause, the Administrator
and each State and interstate water pollution control agency
that has authority to give a certification under this
subsection shall publish the requirements for a certification
under this subsection for an applicant to use to demonstrate
to the Administrator, State, or interstate water pollution
control agency, as applicable, compliance with the applicable
provisions of sections 301, 302, 303, 306, and 307.
``(E) Decisionmaking.--
``(i) Definition of receipt.--In this subparagraph, the
term `receipt', with respect to a request for certification
under this subsection, means the date on which the State,
interstate water pollution control agency, or Administrator,
as applicable, initially receives the request for
certification, regardless of whether the request for
certification is determined to be complete or additional
information is requested pursuant to subparagraph (D)(iii).
``(ii) Actions on a request.--The State, interstate water
pollution control agency, or Administrator, as applicable,
may--
``(I) grant a request for certification under this
subsection with or without conditions;
``(II) deny the request; or
``(III) waive the requirement for certification under this
subsection with respect to the application for the Federal
license or permit.
``(iii) Failure to act.--
``(I) In general.--If a State, an interstate water
pollution control agency, or the Administrator, as
applicable, fails to act on a request for certification in
accordance with clause (ii) within a reasonable period of
time to be determined by the Federal licensing or permitting
agency (which shall not exceed 1 year after receipt of the
request), the requirement for certification under this
subsection shall be deemed to be waived with respect to the
application for the Federal license or permit.
``(II) No judicial review.--Notwithstanding any other
provision of law, a finding of a waiver by the Federal
licensing or permitting agency under subclause (I) shall not
be subject to judicial review.
``(iv) No tolling.--The 1-year period described in clause
(iii) may not be tolled, paused, or extended for any reason,
including through requests for additional information,
solicitation of public comment, or environmental reviews.
``(F) No action.--No license''; and
(B) in paragraph (4), in the first sentence, by striking
``any discharge into the navigable waters'' and inserting ``a
discharge directly into the navigable waters'';
(2) in subsection (b), by striking ``(b) Nothing'' and
inserting the following:
``(b) Compliance With Other Provisions of Law Setting
Applicable Water Quality Requirements.--Except as provided in
subsection (e), nothing'';
(3) in subsection (c), by striking ``(c) In order'' and
inserting the following:
``(c) Authority of Secretary of the Army to Permit Spoil
Disposal Areas by Federal Licensees or Permittees.--In
order''; and
(4) by striking subsection (d) and inserting the following:
``(d) Certification Request Requirements.--
``(1) Written request required.--A request for
certification under subsection (a) shall be made in writing
to the State, interstate water pollution control agency, or
Administrator, as applicable.
``(2) Requirements for complete request.--A completed
request for certification under subsection (a) shall consist
of--
``(A) an identification of each applicant for the Federal
license or permit with respect to which certification is
requested;
``(B) a statement that information included in the request
for certification is truthful, accurate, and complete, to the
best knowledge of each applicant;
``(C) in the case of a request for certification with
respect to an individual permit or license--
``(i) an identification of the Federal license or permit
that is the subject of the application with respect to which
the certification is requested;
``(ii) an identification, based on the reasonable belief of
the applicant at the time the application is submitted, of
any activity the conduct of which is subject to the Federal
license or permit identified under clause (i);
``(iii) an identification of--
``(I) the location, point of origin, and characteristics of
any discharge that may directly enter the navigable waters;
and
``(II) the location of the specific navigable waters that
would receive such a discharge;
``(iv) a description of the means that may be used to
monitor, control, or manage a discharge identified under
clause (iii); and
``(v) a list of all other Federal, interstate, Tribal,
State, or local agency authorizations required for the
conduct of an activity identified under clause (ii),
including a description of any authorizations described in
that list that are already received; and
``(D) in the case of a request for certification with
respect to the issuance of a general license or a general
permit--
``(i) an identification of the proposed categories of
activities to be covered by the general license or general
permit;
``(ii) a description of the proposed general license or
general permit, which may include a draft of the proposed
general license or general permit; and
``(iii) an estimate of the number of discharges expected to
result from the proposed general license or general permit
annually.
``(3) Prohibition.--No State or interstate water pollution
control agency, nor the Administrator, may, for purposes of a
request for certification under subsection (a), require the
inclusion of information beyond the information described in
paragraph (2).
``(e) Certification Conditions.--
``(1) In general.--A certification obtained under
subsection (a) shall set forth any effluent limitations and
other limitations and monitoring requirements necessary to
ensure that any discharge subject to a certification under
that subsection will comply with the applicable provisions of
sections 301, 302, 303, 306, and 307, and any such limitation
or requirement shall be imposed by the Federal licensing or
permitting agency as a condition on the applicable Federal
license or permit subject to the provisions of this section.
``(2) Requirements for conditions.--A certifying State or
interstate water pollution control agency, or the
Administrator, as applicable, may only include a condition on
a certification under subsection (a) that requires the
applicant to modify an activity of the applicant which may
result in a discharge directly into the navigable waters if
the State, interstate water pollution control agency, or
Administrator determines, based on clear and convincing
evidence, that the modification is--
``(A) necessary for the activity to avoid violating an
applicable provision of section 301, 302, 303, 306, or 307;
[[Page S3092]]
``(B) least burdensome for the applicant, as compared to
other possible modifications, taking into account--
``(i) technical feasibility;
``(ii) cost;
``(iii) the purpose of the applicant in proposing the
activity;
``(iv) impacts on the schedule for the activity; and
``(v) the commercial viability of the proposed condition;
and
``(C) consistent with the requirements for the Federal
license or permit for which the certification is sought.
``(3) Limitations on conditions for hydroelectric
projects.--A certification obtained under subsection (a) for
a hydroelectric project may not include conditions relating
to the quantity, timing, or rate of water flow over, through,
or around that project.
``(f) Requirements for Denial.--A certifying State or
interstate water pollution control agency, or the
Administrator, as applicable, may only deny a request for
certification under subsection (a) if the State, interstate
water pollution control agency, or Administrator determines,
based on clear and convincing evidence, that there is no
modification to or reasonable condition on the activities of
the applicant that could make it possible for the activity to
avoid violating an applicable provision of section 301, 302,
303, 306, or 307.
``(g) Enforcement.--Notwithstanding section 505, any
condition imposed on a Federal license or permit by a Federal
licensing or permitting agency under this section may only be
enforced by that Federal licensing or permitting agency.
``(h) Judicial Review.--
``(1) Scope.--This subsection applies to any civil action
for the review of a certification under subsection (a).
``(2) Jurisdiction.--
``(A) In general.--Notwithstanding section 19(d)(1) of the
Natural Gas Act (15 U.S.C. 717r(d)(1)) or any other provision
of law, a civil action subject to this subsection shall be
filed in a court of appeals of the United States for--
``(i) the judicial circuit in which the applicant is
located or has its principal place of business;
``(ii) the judicial circuit for the State in which the
project for which the certification under subsection (a)
would be issued is or will be located; or
``(iii) the District of Columbia Circuit.
``(B) Original and exclusive jurisdiction.--A court of
appeals described in subparagraph (A) shall have original and
exclusive jurisdiction over the applicable civil action.
``(C) Standing.--Notwithstanding any other provision of
law, no court shall have jurisdiction to review a civil
action subject to this subsection unless the civil action is
filed--
``(i) not later than 60 days after the date on which final
action on the certification under subsection (a) is taken;
and
``(ii) by--
``(I) the applicant; or
``(II) a person who has suffered, or likely and imminently
will suffer, direct and irreparable economic harm from the
certification, subject to the condition that an organization
or association shall satisfy the requirement of this clause
only if each member of the organization or association
satisfies the requirement.
``(3) Expedited consideration.--
``(A) In general.--In reviewing a civil action subject to
this subsection, a court shall--
``(i) set any petition for review under that civil action
for expedited consideration; and
``(ii) subject to subparagraph (B), issue a final decision
not later than 120 days after the date on which the civil
action is filed.
``(B) Extraordinary circumstances.--If a court finds that
there are extraordinary circumstances that apply to a civil
action subject to this subsection, the court may extend the
120-day period described in subparagraph (A)(ii) by an
additional 60 days.
``(4) Standard of review.--In reviewing the denial of a
certification under subsection (a), a court shall find the
denial unlawful unless the court finds, based on clear and
convincing evidence, that--
``(A) the certifying State or interstate water pollution
control agency or the Administrator, as applicable, has
demonstrated that no condition would achieve compliance with
the applicable provisions of section 301, 302, 303, 306, or
307; and
``(B) the certifying State or interstate water pollution
control agency or the Administrator, as applicable,
considered specific alternative conditions, including
alternatives offered by the applicant, and determined that
those alternative conditions would not achieve compliance
with applicable provisions of section 301, 302, 303, 306, or
307.
``(5) Nonapplicant challenges.--If a party other than the
applicant brings a civil action subject to this subsection
against a certification obtained under subsection (a), the
nonapplicant party shall demonstrate, with clear and
convincing evidence, that the project or activity for which
the certification was granted fails to achieve compliance
with applicable provisions of section 301, 302, 303, 306, or
307.
``(6) Remedy.--
``(A) No vacatur.--Notwithstanding any other provision of
law, no court shall have the authority to set aside, vacate,
nullify, or otherwise render unenforceable any certification
under subsection (a).
``(B) Limited remedies.--In a review of a certification
under subsection (a), a court may only affirm or modify the
certification, and may remand the certification to the State,
interstate water pollution control agency, or the
Administrator, as applicable, for corrective action.
``(i) Description of Applicable Provisions.--For purposes
of this section, the applicable provisions of sections 301,
302, 303, 306, and 307 are any applicable effluent
limitations and other limitations under section 301 or 302,
any water quality standard in effect for a State under
section 303, any standard of performance under section 306,
and any prohibition, effluent standard, or pretreatment
standard under section 307.''.
SEC. 4804. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
(a) Improving Water Quality General Permits.--Section
402(a) of the Federal Water Pollution Control Act (33 U.S.C.
1342(a)) is amended by adding at the end the following:
``(6) General permits.--
``(A) Permits authorized.--The Administrator may issue
general permits under this section on a State, regional, or
nationwide basis, or for a delineated area, for discharges
associated with any category of activities the discharges of
which are of similar types and from similar sources.
``(B) Permit expiration notification.--If the Administrator
does not intend to issue a general permit under this
paragraph that covers discharges that are substantially
similar to discharges covered by a previously issued general
permit, not later than the date that is 2 years before the
date on which the previously issued general permit will
expire, the Administrator shall publish in the Federal
Register a notice of the decision not to reissue the general
permit.
``(C) Application of permit terms of an expired permit.--
``(i) In general.--If a general permit issued under this
paragraph expires and the Administrator has not published a
notice under subparagraph (B), the Administrator shall, until
the date described in clause (ii)--
``(I) continue to apply the terms, conditions, and
requirements of the expired general permit to any discharge
that was covered by the expired general permit; and
``(II) apply those terms, conditions, and requirements to
any discharge that would have been covered by the expired
general permit (in accordance with any relevant requirements
for that coverage) if the discharge had occurred before that
expiration.
``(ii) Date described.--The date referred to in clause (i)
is the date that is the earlier of--
``(I) the date on which the Administrator issues a new
general permit for discharges substantially similar to those
covered by the expired general permit; and
``(II) the date that is 2 years after the date on which the
Administrator publishes in the Federal Register a notice
described in subparagraph (B).''.
(b) NPDES Permit Terms.--Section 402(b)(1)(B) of the
Federal Water Pollution Control Act (33 U.S.C. 1342(b)(1)(B))
is amended by striking ``five years'' and inserting ``10
years''.
SEC. 4805. PROVIDING CERTAINTY TO PERMITS FOR DREDGED OR FILL
MATERIAL.
(a) Reducing Permitting Uncertainty.--
(1) In general.--Section 404(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1344(c)) is amended--
(A) in the third sentence--
(i) by striking ``his findings and his reasons'' and
inserting ``the findings and reasons of the Administrator'';
and
(ii) by striking ``The Administrator'' and inserting the
following:
``(4) Written determination.--The Administrator'';
(B) in the second sentence, by striking ``Before making
such determination,'' and inserting the following:
``(3) Consultation.--Before making a determination under
paragraph (1),'';
(C) by striking ``(c) The Administrator'' and inserting the
following:
``(c) Specification or Use of Defined Area.--
``(1) In general.--The Administrator'';
(D) in paragraph (1) (as so designated)--
(i) by striking ``he is authorized''; and
(ii) by striking ``he determines, after notice and
opportunity for public hearings,'' and inserting ``the
Administrator determines, during the period described in
paragraph (2) and after notice and opportunity for public
hearings,''; and
(E) by inserting after paragraph (1) (as so designated) the
following:
``(2) Period of prohibition.--The period during which the
Administrator may prohibit the specification (including the
withdrawal of specification) of a defined area as a disposal
site, or deny or restrict the use of a defined area for
specification (including the withdrawal of specification) as
a disposal site, under paragraph (1) is the period that--
``(A) begins on the date on which an applicant submits all
the information required to complete an application for a
permit under this section; and
``(B) ends on the date on which the Secretary issues the
permit.''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply to a permit application submitted under section
404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) after the date of enactment of this Act.
[[Page S3093]]
(b) Nationwide Permitting Improvement.--
(1) In general.--Section 404(e) of the Federal Water
Pollution Control Act (33 U.S.C. 1344(e)) is amended--
(A) by striking ``(e)(1) In carrying out his functions''
and inserting the following:
``(e) General Permits.--
``(1) Permits authorized.--In carrying out the functions of
the Secretary'';
(B) in paragraph (2)--
(i) by striking ``(2) No general'' and inserting the
following:
``(2) Term.--No general''; and
(ii) by striking ``five years'' and inserting ``10 years'';
and
(C) by adding at the end the following:
``(3) Considerations.--In determining the environmental
effects of an activity under paragraph (1) or (2), the
Secretary--
``(A) shall consider only the effects of any discharge of
dredged or fill material resulting from the activity;
``(B) shall consider any effects of a discharge of dredged
or fill material into less than 3 acres of navigable waters
to be a minimal adverse environmental effect; and
``(C) may consider any effects of a discharge of dredged or
fill material into 3 acres or more of navigable waters to be
a minimal adverse environmental effect.
``(4) Nationwide permits for linear projects.--
``(A) Definitions.--In this paragraph:
``(i) Linear infrastructure project.--The term `linear
infrastructure project' means a project to carry out any
activity required for--
``(I) the construction, expansion, maintenance,
modification, or removal of infrastructure and associated
facilities for the transmission from a point of origin to a
terminal point of communications or electricity; or
``(II) the transportation from a point of origin to a
terminal point of people, water, or wastewater.
``(ii) Linear pipeline project.--The term `linear pipeline
project' means a project to carry out any activity required
for the construction, expansion, maintenance, modification,
or removal of infrastructure and associated facilities for
the transportation from a point of origin to a terminal point
of carbon dioxide, fuel, or hydrocarbons, in the form of a
liquid, liquescent, gaseous, or slurry substance or
supercritical fluid, including oil and gas pipeline
facilities.
``(iii) Single and complete project.--The term `single and
complete project' has the meaning given the term in section
330.2 of title 33, Code of Federal Regulations (as in effect
on the date of enactment of this paragraph).
``(B) Rule.--Notwithstanding any other provision of this
section, the Secretary shall issue and maintain general
permits on a nationwide basis under this subsection for--
``(i) linear infrastructure projects that result in a
discharge of dredged or fill material into less than 3 acres
of navigable waters for each single and complete project; and
``(ii) linear pipeline projects that do not result in the
loss of navigable waters in an area that is greater than 0.5
acres for each single and complete project.
``(C) Pipeline threshold floor.--Nothing in subparagraph
(B)(ii) limits the authority of the Secretary to authorize
pipeline-related discharges of dredged or fill material into
areas of navigable waters that are greater than 0.5 acres but
below the 3-acre threshold described in subparagraph (B)(i).
``(5) Reissuance of nationwide permits.--In determining
whether to reissue a general permit issued under this
subsection on a nationwide basis--
``(A) no consultation with an applicable State pursuant to
section 6(a) of the Endangered Species Act of 1973 (16 U.S.C.
1535(a)) is required;
``(B) no consultation with a Federal agency pursuant to
section 7(a)(2) of that Act (16 U.S.C. 1536(a)(2)) is
required; and
``(C) the requirements of section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall
be satisfied by preparing an environmental assessment (as
defined in section 111 of that Act (42 U.S.C. 4336e)) with
respect to the general permit.''.
(2) Regulatory revisions required.--The Secretary of the
Army, acting through the Chief of Engineers, shall
expeditiously revise the regulations applicable to carrying
out section 404(e) of the Federal Water Pollution Control Act
(33 U.S.C. 1344(e)) in order to streamline the processes for
issuing general permits under that section to promote
efficient and consistent implementation of that section.
(3) Administration of nationwide permit program.--In
carrying out section 404(e) of the Federal Water Pollution
Control Act (33 U.S.C. 1344(e)), including in revising
regulations pursuant to paragraph (2), the Secretary of the
Army, acting through the Chief of Engineers, may not finalize
or implement any modification to--
(A) general condition 15 (relating to single and complete
projects), as included in the final rule of the Corps of
Engineers entitled ``Reissuance and Modification of
Nationwide Permits'' (86 Fed. Reg. 2744 (January 13, 2021));
(B) the definition of the term ``single and complete linear
project'', as included in the final rule described in
subparagraph (A); or
(C) the definition of the term ``single and complete
project'' under section 330.2 of title 33, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(c) Judicial Review.--Section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344) is amended--
(1) in subsection (t), by striking ``(t) Nothing in the
section'' and inserting the following:
``(u) Savings Provision.--Nothing in this section''; and
(2) by inserting after subsection (s) the following:
``(t) Judicial Review.--
``(1) Statute of limitations.--Notwithstanding any
applicable provision of law--
``(A) an action seeking judicial review of the approval by
the Administrator of a State permit program pursuant to this
section shall be filed not later than 60 days after the date
on which the approval was issued;
``(B) an action seeking judicial review of an individual
permit or general permit issued under this section shall be
filed not later than 60 days after the date on which the
permit was issued; and
``(C) an action seeking judicial review of a verification
that an activity involving the discharge of dredged or fill
material is authorized by a general permit issued under this
section shall be filed not later than 60 days after the date
on which the verification was issued.
``(2) Limitation on commencement of certain actions.--
Notwithstanding any other provision of law, no action
described in subparagraph (A) or (B) of paragraph (1) may be
commenced unless the action--
``(A) is filed by a party that submitted a comment--
``(i) during the public comment period for the
administrative proceedings related to the action; and
``(ii) which was sufficiently detailed to put the
Administrator, the Secretary, or the State, as applicable, on
notice of the issue on which the party seeks judicial review;
and
``(B) is related to that comment.
``(3) Jurisdiction.--
``(A) In general.--Unless otherwise provided by law, a
civil action subject to this subsection shall be filed in a
court of appeals of the United States for--
``(i) the judicial circuit in which, as applicable--
``(I) the applicant for the applicable permit is located or
has its principal place of business; or
``(II) the person seeking the applicable verification is
located or has its principal place of business;
``(ii) the judicial circuit for the State, as applicable--
``(I) for which the approval for a State permit program
pursuant to this section was sought; or
``(II) in which--
``(aa) the activity for which the permit was sought would
be carried out; or
``(bb) the activity for which the verification was sought
would be carried out; or
``(iii) the District of Columbia Circuit.
``(B) Original and exclusive jurisdiction.--A court of
appeals described in subparagraph (A) shall have original and
exclusive jurisdiction over the applicable civil action.
``(C) Standing.--Notwithstanding any other provision of
law, no court shall have jurisdiction to review a civil
action subject to this subsection unless the civil action is
filed--
``(i) not later than 60 days after the date on which the
challenged action was finalized; and
``(ii) by--
``(I) the applicant; or
``(II) a person who has suffered, or likely and imminently
will suffer, direct and irreparable economic harm from the
approval, permit, or verification, subject to the condition
that an organization or association shall satisfy the
requirement of this clause only if each member of the
organization or association satisfies the requirement.
``(4) Standard of review.--In reviewing the denial of a
permit under this section, a court shall find the denial
unlawful unless the court finds, based on clear and
convincing evidence, that--
``(A) the Secretary has demonstrated that no condition on
the permit would achieve compliance with the applicable
provisions of section 301, 302, 303, 306, or 307; and
``(B) the Secretary considered specific alternative
conditions, including alternatives offered by the applicant,
and determined that those alternative conditions would not
achieve compliance with this section.
``(5) Nonapplicant challenges.--If a party other than the
applicant brings a civil action subject to this subsection
seeking review of a permit under this section, the
nonapplicant party shall demonstrate, with clear and
convincing evidence, that, as applicable, the approval of the
State permit program, the project for which the permit was
granted, or the project for which verification was provided
fails to achieve compliance with this section.
``(6) Remedies.--
``(A) Actions relating to permit programs.--If a court
determines that the Administrator, in issuing the approval of
a State permit program under this section, did not comply
with this section--
``(i) the court shall remand the matter to the
Administrator for further proceedings consistent with the
determination of the court; and
``(ii) the court may not vacate, revoke, enjoin, or
otherwise limit the authority of the State to issue permits
under that State permit program.
[[Page S3094]]
``(B) Actions relating to permits.--If a court determines
that the Secretary or a State, as applicable, did not comply
with the requirements of this section in issuing an
individual or general permit under this section, or in
verifying that an activity involving a discharge of dredged
or fill material is authorized by a general permit issued
under this section, as applicable--
``(i) the court shall remand the matter to the Secretary or
the State, as applicable, for further proceedings consistent
with the determination of the court;
``(ii) with respect to a determination regarding the
issuance of an individual or general permit under this
section--
``(I) the court may not vacate, revoke, enjoin, or
otherwise limit the permit unless the court finds that
activities authorized under the permit would present an
imminent and substantial danger to human health or the
environment for which there is no other equitable remedy
available under the law; and
``(II) any injunction or other limitation ordered pursuant
to subclause (I)--
``(aa) shall be narrowly tailored to the specific crossing,
discharge, segment, or activity found to present an imminent
and substantial danger; and
``(bb) may not extend to unrelated crossings, spreads, or
project segments that are independently authorized and not
the source of the alleged harm; and
``(iii) with respect to a determination regarding a
verification that an activity involving a discharge of
dredged or fill material is authorized by a general permit
issued under this section, the court may not enjoin or
otherwise limit the discharge unless the court finds that
activities authorized under the permit would present an
imminent and substantial danger to human health or the
environment for which there is no other equitable remedy
available under the law.
``(7) Timeline to act on court order.--If a court remands a
matter under paragraph (6), the court shall set and enforce a
reasonable schedule and deadline, which may not exceed 180
days from the date on which the court remands the matter
except as otherwise required by law, for the Administrator,
the Secretary, or a State, as applicable, to take such
actions as the court may order.''.
SEC. 4806. HARDROCK MINING MILL SITES.
(a) Multiple Mill Sites.--Section 2337 of the Revised
Statutes (30 U.S.C. 42) is amended by adding at the end the
following:
``(c) Additional Mill Sites.--
``(1) Definitions.--In this subsection:
``(A) Mill site.--The term `mill site' means a location of
public land that is reasonably necessary for waste rock or
tailings disposal or other operations reasonably incident to
mineral development on, or production from land included in a
plan of operations.
``(B) Operations; operator.--The terms `operations' and
`operator' have the meanings given those terms in section
3809.5 of title 43, Code of Federal Regulations (as in effect
on the date of enactment of this subsection).
``(C) Plan of operations.--The term `plan of operations'
means a plan of operations that an operator must submit and
the Secretary of the Interior or the Secretary of
Agriculture, as applicable, must approve before an operator
may begin operations, in accordance with, as applicable--
``(i) subpart 3809 of title 43, Code of Federal Regulations
(or successor regulations establishing application and
approval requirements); and
``(ii) part 228 of title 36, Code of Federal Regulations
(or successor regulations establishing application and
approval requirements).
``(D) Public land.--The term `public land' means land owned
by the United States that is open to location under sections
2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et
seq.), including--
``(i) land that is mineral-in-character (as defined in
section 3830.5 of title 43, Code of Federal Regulations (as
in effect on the date of enactment of this subsection));
``(ii) nonmineral land (as defined in section 3830.5 of
title 43, Code of Federal Regulations (as in effect on the
date of enactment of this subsection)); and
``(iii) land where the mineral character has not been
determined.
``(2) In general.--Notwithstanding subsections (a) and (b),
where public land is needed by the proprietor of a lode or
placer claim for operations in connection with any lode or
placer claim within the proposed plan of operations, the
proprietor may--
``(A) locate and include within the plan of operations as
many mill site claims under this subsection as are reasonably
necessary for its operations; and
``(B) use or occupy public land in accordance with an
approved plan of operations.
``(3) Mill sites convey no mineral rights.--A mill site
under this subsection does not convey mineral rights to the
locator.
``(4) Size of mill sites.--A location of a single mill site
under this subsection shall not exceed 5 acres.
``(5) Mill site and lode or placer claims on same tracts of
public land.--A mill site may be located under this
subsection on a tract of public land on which the claimant or
operator maintains a previously located lode or placer claim.
``(6) Effect on mining claims.--The location of a mill site
under this subsection shall not affect the validity of any
lode or placer claim, or any rights associated with such a
claim.
``(7) Patenting.--A mill site under this section shall not
be eligible for patenting.
``(8) Savings provisions.--Nothing in this subsection--
``(A) diminishes any right (including a right of entry,
use, or occupancy) of a claimant;
``(B) creates or increases any right (including a right of
exploration, entry, use, or occupancy) of a claimant on land
that is not open to location under the general mining laws;
``(C) modifies any provision of law or any prior
administrative action withdrawing land from location or
entry;
``(D) limits the right of the Federal Government to
regulate mining and mining-related activities (including
requiring claim validity examinations to establish the
discovery of a valuable mineral deposit) in areas withdrawn
from mining, including under--
``(i) the general mining laws;
``(ii) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
``(iii) the Wilderness Act (16 U.S.C. 1131 et seq.);
``(iv) sections 100731 through 100737 of title 54, United
States Code;
``(v) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
``(vi) division A of subtitle III of title 54, United
States Code (commonly referred to as the `National Historic
Preservation Act'); or
``(vii) section 4 of the Act of July 23, 1955 (commonly
known as the `Surface Resources Act of 1955') (69 Stat. 368,
chapter 375; 30 U.S.C. 612);
``(E) restores any right (including a right of entry, use,
or occupancy, or right to conduct operations) of a claimant
that--
``(i) existed prior to the date on which the land was
closed to, or withdrawn from, location under the general
mining laws; and
``(ii) that has been extinguished by such closure or
withdrawal; or
``(F) modifies section 404 of division E of the
Consolidated Appropriations Act, 2024 (Public Law 118-42).''.
(b) Abandoned Hardrock Mine Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a separate account, to be known as the
``Abandoned Hardrock Mine Fund'' (referred to in this
subsection as the ``Fund'').
(2) Source of deposits.--Any amounts collected by the
Secretary of the Interior pursuant to the claim maintenance
fee under section 10101(a)(1) of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f(a)(1)) on mill
sites located under subsection (c) of section 2337 of the
Revised Statutes (30 U.S.C. 42) shall be deposited into the
Fund.
(3) Use.--The Secretary of the Interior may make
expenditures from amounts available in the Fund, without
further appropriations, only to carry out section 40704 of
the Infrastructure Investment and Jobs Act (30 U.S.C. 1245).
(4) Allocation of funds.--Amounts made available under
paragraph (3)--
(A) shall be allocated in accordance with section
40704(e)(1) of the Infrastructure Investment and Jobs Act (30
U.S.C. 1245(e)(1)); and
(B) may be transferred in accordance with section
40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)).
(c) Clerical Amendments.--Section 10101 of the Omnibus
Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is
amended--
(1) by striking ``the Mining Law of 1872 (30 U.S.C. 28-
28e)'' each place it appears and inserting ``sections 2319
through 2344 of the Revised Statutes (30 U.S.C. 22 et
seq.)'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the second sentence, by striking ``Such claim
maintenance fee'' and inserting the following:
``(B) Fee.--The claim maintenance fee under subparagraph
(A)''; and
(ii) in the first sentence, by striking ``The holder of''
and inserting the following:
``(A) In general.--The holder of''; and
(B) in paragraph (2)--
(i) in the second sentence--
(I) by striking ``the Mining Law of 1872 (30 U.S.C. 28 to
28e)'' and inserting ``sections 2319 through 2344 of the
Revised Statutes (30 U.S.C. 22 et seq.)''; and
(II) by striking ``Such claim maintenance fee'' and
inserting the following:
``(B) Fee.--The claim maintenance fee under subparagraph
(A)''; and
(ii) in the first sentence, by striking ``The holder of''
and inserting the following:
``(A) In general.--The holder of''; and
(3) in subsection (b)--
(A) in the second sentence, by striking ``The location
fee'' and inserting the following:
``(2) Fee.--The location fee''; and
(B) in the first sentence, by striking ``The claim main
tenance fee'' and inserting the following:
``(1) In general.--The claim maintenance fee''.
SEC. 4807. AMENDMENTS TO NEPA.
(a) Purposes.--Section 2 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321) is amended--
(1) by striking the section designation and heading and all
that follows through ``are: To'' and inserting the following:
``SEC. 2. PURPOSES.
``(a) Purposes.--The purposes of this Act are to''; and
[[Page S3095]]
(2) by adding at the end the following:
``(b) Intent.--This Act--
``(1) is a procedural statute intended to ensure Federal
agencies consider the environmental impacts of their actions
during the decisionmaking process;
``(2) does not mandate particular results; and
``(3) only prescribes a purely procedural process.
``(c) Effect.--Nothing in this Act--
``(1) mandates any specific environmental outcome or
result; or
``(2) confers substantive rights or imposes substantive
duties beyond procedural requirements.''.
(b) Procedure for Determination of Level of Review.--
Section 106 of the National Environmental Policy Act of 1969
(42 U.S.C. 4336) is amended--
(1) in the section heading, by inserting ``; scope of
review'' after ``level of review'';
(2) in subsection (a)--
(A) in paragraph (2), by striking ``109 of this Act,'' and
inserting ``109, a categorical exclusion established by
Congress,'';
(B) in paragraph (3), by striking ``or'';
(C) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(5) the proposed agency action is an action for which
such agency's compliance with another statute's requirements
serve a similar function as the requirements of this Act with
respect to such action; or
``(6) the proposed agency action--
``(A) relates to a project or action that has already been
reviewed pursuant to a State or Tribal environmental review
statute, ordinance, resolution, regulation, or formally
adopted policy; and
``(B) the lead agency determines such review meets the
requirements of this Act.'';
(3) in subsection (b)--
(A) in paragraph (2), in the first sentence--
(i) by striking ``does not'' and inserting ``is not likely
to''; and
(ii) by striking ``109 of this Act,'' and inserting ``109,
a categorical exclusion established by Congress,''; and
(B) in paragraph (3), by striking subparagraph (B) and
inserting the following:
``(B) is not required to undertake new scientific or
technical research--
``(i) unless the new scientific or technical research is
essential to a reasoned choice among alternatives, and the
overall costs and time frame of obtaining it are not
unreasonable; or
``(ii) after the receipt of an application, as applicable,
with respect to such proposed agency action.''; and
(4) by adding at the end the following:
``(c) Scope of Review.--In preparing an environmental
document for a proposed agency action, a Federal agency--
``(1) may only consider effects that share a reasonably
close causal relationship to, and are proximately caused by,
the immediate project or action under consideration; and
``(2) may not consider effects that are speculative,
attenuated from the project or action, separate in time or
place from the project or action, or in relation to separate
existing or potential future projects or actions.
``(d) Presumption of Negative Impacts of Taking No Action
Relating to Tribal Trust Resources.--For any proposed agency
action carried out on, or directly affecting, Tribal trust
resources (including land and minerals) that is initiated by
the federally recognized Indian Tribe for which the United
States holds the affected resources in trust, and for which
an environmental document was prepared that included
consideration of a no action alternative, there shall be a
presumption that the effects of taking no action will be
negative for the federally recognized Indian Tribe.
``(e) Effect of Threshold Determinations on Other
Agencies.--If a lead agency determines that an environmental
document is not required to be prepared with respect to a
proposed agency action under subsection (a), no other Federal
agency may prepare an environmental document with respect to
the proposed agency action.''.
(c) Timely and Unified Federal Reviews.--
(1) Lead agency.--Section 107(a) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4336a(a)) is
amended--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``at the earliest
practicable time'' and inserting ``in accordance with
subsection (g)(2)'';
(ii) in subparagraph (D), by striking ``carry out the
proposed agency action'' and inserting ``carry out the
proposed agency action in accordance with the deadlines
described in subsection (g)''; and
(iii) in subparagraph (E)--
(I) by striking ``a review'' and inserting ``an
environmental review''; and
(II) by striking ``such review'' and inserting ``such
environmental review''; and
(B) in paragraph (3)--
(i) in the first sentence, by inserting ``(including
counties, boroughs, parishes, and other political
subdivisions of a State)'' after ``local agency''; and
(ii) by adding at the end the following: ``Such comments
from Federal cooperating agencies shall be limited to matters
relating to the proposed agency action with respect to which
the Federal cooperating agency has jurisdiction by law.''.
(2) One document.--Section 107(b) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4336a(b)) is
amended--
(A) by striking ``To the extent practicable,'' and
inserting the following:
``(1) Document.--To the extent practicable,''; and
(B) by adding at the end the following:
``(2) Consideration timing.--
``(A) In general.--In preparing an environmental document
for a proposed agency action, no Federal agency shall be
required to consider any scientific or technical research
that becomes publicly available after the earlier of, as
applicable--
``(i) the date of receipt of an application with respect to
such proposed agency action; and
``(ii) the date of publication of a notice of intent or
decision to prepare such environmental document for such
proposed agency action.
``(B) Applicability to other law.--Nothing in this
paragraph affects any review of information required under
subchapter II of chapter 5 of title 5, United States Code,
with respect to comments received during the public comment
period as applicable.
``(C) Delay.--A Federal agency may not delay the issuance
of an environmental document or a final agency action,
including any decision or determination, on the basis of
awaiting new scientific or technical research or information
that was not available as of the earlier of the dates
described in subparagraph (A).''.
(3) Statement of purpose and need.--Section 107(d) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4336a(d)) is amended by striking the period at the end and
inserting ``, which shall, where applicable, meet the goals
of the applicant.''.
(4) Deadlines.--Section 107(g) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4336a(g)) is
amended--
(A) by redesignating paragraphs (1), (2), and (3) as
paragraphs (3), (5), and (6), respectively;
(B) by inserting before paragraph (3) (as so redesignated)
the following:
``(1) Applications for authorizations.--
``(A) Notification of complete or incomplete application.--
Unless a shorter deadline is specified by law, in connection
with a proposed agency action for which an applicant
submitted an application for an authorization to an agency,
not later than 60 days after the date on which the applicant
submits the application to the agency, the agency shall
document receipt of the application and--
``(i) notify the applicant that the application is
complete; or
``(ii) notify the applicant that the application is
incomplete and request, in writing, any additional
information that the agency needs--
``(I) to determine that the application is complete; and
``(II) to begin preparation of an environmental document.
``(B) Agency determination.--
``(i) Complete determination.--If an agency determines that
an application is complete under subparagraph (A)(i), the
agency shall, not later than 60 days after the date on which
the agency makes such determination--
``(I) notify the applicant that the agency has determined
that--
``(aa) the proposed agency action is excluded pursuant to 1
of the agency's categorical exclusions;
``(bb) the proposed agency action is not a major Federal
action; or
``(cc) no further agency action is required;
``(II) issue a notice of intent to prepare an environmental
impact statement for the proposed agency action; or
``(III) notify the applicant that the agency has determined
that preparation of an environmental assessment is necessary.
``(ii) Incomplete determination.--If an agency requests
additional information under subparagraph (A)(ii), the
deadline described in clause (i) shall be based on the date
on which the agency receives the additional information
instead of the date on which the determination is made.
``(2) Cooperating agencies.--
``(A) In general.--Not later than 21 days after the date on
which a lead agency issues a notice of intent under paragraph
(1)(B)(i)(II) or notifies an applicant under paragraph
(1)(B)(i)(III) with respect to a proposed agency action, the
lead agency shall--
``(i) identify all agencies that are likely to have
environmental review, authorization, or other
responsibilities with respect to the proposed agency action;
and
``(ii) invite each agency to become a cooperating agency.
``(B) Deadline to accept invitation.--Not later than 21
days after the date on which an agency receives an invitation
to become a cooperating agency under subparagraph (A)(ii),
the agency shall accept or deny the invitation.
``(C) Convening of cooperating agencies.--Not later than 7
days after the deadline described in subparagraph (B) has
passed for each agency that received an invitation to become
a cooperating agency under subparagraph (A)(ii), the lead
agency that sent each invitation shall convene each agency
that accepts such an invitation to coordinate on developing
the schedule under subsection (a)(2)(D) for the applicable
proposed agency action.
``(D) Unidentified agencies.--If an agency that has
jurisdiction by law or special expertise with respect to any
environmental impact involved in a proposed agency action is
not identified under subparagraph (A)(i), the lead agency
with respect to the proposed agency action shall--
[[Page S3096]]
``(i) invite such unidentified agency to become a
cooperating agency by not later than 7 days after the date on
which the lead agency becomes aware that the agency has
jurisdiction by law or special expertise; and
``(ii) if such agency accepts the invitation, incorporate
such agency into the schedule developed under subsection
(a)(2)(D) and update such schedule accordingly by not later
than 14 days after the date on which the agency accepts the
invitation.'';
(C) in paragraph (3) (as so redesignated)--
(i) in the paragraph heading, by striking ``In general''
and inserting ``Review timeline''; and
(ii) in the matter preceding subparagraph (A), by striking
``paragraph (2)'' and inserting ``paragraph (5)'';
(D) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Deadline for final agency action.--
``(A) In general.--For any proposed agency action for which
an applicant submitted an application for an authorization to
an agency, not later than 30 days after completing an
environmental impact statement or an environmental assessment
for the proposed agency action, the lead agency, and any
cooperating agency, shall issue a final agency action.
``(B) Performance schedule.--The agency issuing the final
agency action under subparagraph (A) shall include, in the
final agency action, a performance schedule for the
completion of any other outstanding authorizations.'';
(E) in paragraph (5) (as so redesignated)--
(i) by striking ``the deadline described in paragraph (1)''
and inserting ``a deadline described in this subsection'';
and
(ii) by striking ``, in consultation with the applicant,
to'' and inserting ``if the applicant approves such
extension. If the applicant approves such extension, the lead
agency shall'';
(F) in paragraph (6) (as so redesignated)--
(i) in subparagraph (A), by striking ``A project sponsor
may'' and inserting ``Except as provided in subparagraph (C),
a project sponsor may''; and
(ii) by adding at the end the following:
``(C) Exception.--A project sponsor that approved an
extension of a deadline under paragraph (5) may not obtain
judicial review of a failure to act in accordance with such
deadline under subparagraph (A) unless the lead agency fails
to meet the new deadline or is delaying for reasons other
than those necessary to complete its review.''; and
(G) by adding at the end the following:
``(7) Concurrent review.--In carrying out an environmental
review, the lead agency and each cooperating agency shall
carry out the obligations of that agency under other
applicable laws concurrently, and in conjunction, with other
required reviews for the proposed agency action, pursuant to
the requirements of applicable law, including, if applicable,
this Act.''.
(d) Programmatic Environmental Documents.--Section 108 of
the National Environmental Policy Act of 1969 (42 U.S.C.
4336b) is amended--
(1) in the matter preceding paragraph (1), by striking
``When an agency prepares'' and inserting the following:
``(a) Programmatic Environmental Documents.--When an agency
prepares'';'
(2) in subsection (a) (as so designated)--
(A) in paragraph (1), by striking ``5'' and inserting
``10''; and
(B) in paragraph (2), by striking ``5'' and inserting
``10''; and
(3) by adding at the end the following:
``(b) Reliance on Previously Completed Environmental
Reviews.--
``(1) Actions that are substantially the same.--A lead
agency may satisfy the requirements of this Act with respect
to a major Federal action by relying on an environmental
assessment, environmental impact statement, or a categorical
exclusion determination that the lead agency, another Federal
agency, or a project sponsor under the supervision of a
Federal agency completed for another major Federal action if
the lead agency determines that--
``(A) the new major Federal action is substantially the
same as the other major Federal action or, if applicable, an
alternative analyzed in such environmental assessment or
environmental impact statement; and
``(B) if applicable, the effects of the new major Federal
action are substantially the same as the effects analyzed in
such environmental assessment or environmental impact
statement.
``(2) Actions that are not substantially the same.--
``(A) In general.--If a new major Federal action is not
substantially the same as another major Federal action or an
alternative analyzed in an environmental assessment or
environmental impact statement completed by the lead agency,
another Federal agency, or a project sponsor under the
supervision of a Federal agency, the lead agency may modify
or augment any such previously completed environmental
assessment or environmental impact statement as necessary to
satisfy the requirements of this Act with respect to the new
major Federal action.
``(B) Public availability.--The lead agency shall make any
environmental assessment or environmental impact statement
modified under subparagraph (A) publicly available as a new
environmental assessment or environmental impact
statement.''.
(e) Adoption of Categorical Exclusions.--Section 109 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336c)
is amended--
(1) in the matter preceding paragraph (1), in the first
sentence, by inserting ``, or that was legislatively enacted
by Congress,'' after ``procedures'';
(2) in paragraph (1), by inserting ``, or that was
established by Congress,'' after ``procedures''; and
(3) in paragraph (2), by inserting ``if applicable,''
before ``consult''.
(f) Definitions.--Section 111 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4336e) is amended--
(1) in paragraph (1), by inserting ``, or Congress deems by
statute,'' after ``Federal agency has determined'';
(2) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), (8), (11), (12), and (13) as paragraphs (2), (3),
(4), (5), (6), (7), (8), (11), (12), (13), and (15),
respectively, and moving all paragraphs of the section so as
to appear in numerical order;
(3) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Authorization.--The term `authorization' means any
lease, right-of-way, easement, license, permit, approval,
finding, determination, or other administrative decision
issued by an agency, or any interagency consultation, that is
required or authorized under Federal law in order to
construct, modify, or operate a project.'';
(4) in paragraph (10)--
(A) in subparagraph (B)--
(i) in clause (iii)--
(I) by inserting ``grants (including capitalization
grants), cost share awards,'' after ``loan guarantees,'';
(II) by striking ``sufficient'' and inserting ``complete'';
and
(III) by striking ``subsequent use of such financial
assistance or the'';
(ii) in clause (iv), by striking ``section 7(a) or (b) and
of the Small Business Act ( U.S.C. 636(a)), or'' and
inserting ``subsection (a) or (b) of section 7 of the Small
Business Act (15 U.S.C. 636) or'';
(iii) by redesignating clauses (iv) through (vii) as
clauses (vi) through (ix), respectively;
(iv) by inserting after clause (iii) the following:
``(iv) farm ownership and operating loan guarantees by the
Farm Service Agency pursuant to section 305 and subtitle B of
the Consolidated Farm and Rural Development Act (7 U.S.C.
1925, 1941 et seq.);
``(v) the issuance of a permit or other authorization by a
Federal agency where the proposal under consideration is
otherwise being evaluated or was previously evaluated by the
lead agency in compliance with this Act;''; and
(v) in clause (viii) (as so redesignated), by striking
``entirely''; and
(B) by adding at the end the following:
``(C) Additional exclusions.--An agency action may not be
determined to be a major Federal action solely on the basis
of the provision of Federal funds, including a grant, loan,
loan guarantee, and funding assistance.''; and
(5) by inserting after paragraph (13) (as so redesignated)
the following:
``(14) Reasonably foreseeable.--
``(A) In general.--The term `reasonably foreseeable', with
respect to environmental effects of a proposed agency action,
means effects that share a reasonably close causal
relationship to, and are proximately caused by, the immediate
project or action under consideration.
``(B) Exclusions.--The term `reasonably foreseeable', with
respect to environmental effects of a proposed agency action,
does not include effects that are--
``(i) speculative;
``(ii) attenuated from the proposed agency action;
``(iii) separate in time or place from the proposed agency
action; or
``(iv) in relation to separate existing or potential future
projects.''.
(g) Duties of the Council.--Section 204(4) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4344(4)) is
amended by inserting ``energy,'' after ``health,''.
(h) Judicial Review.--Title I of the National Environmental
Policy Act of 1969 is amended--
(1) by redesignating section 112 (42 U.S.C. 4336f) as
section 110A, and moving the section so as to appear after
section 110; and
(2) by inserting before section 111 the following:
``SEC. 110B. JUDICIAL REVIEW.
``(a) Role of the Court.--In reviewing a claim or petition
for review of whether a final agency action complies with the
requirements of this Act, a court--
``(1) shall afford substantial deference to the agency; and
``(2) may not substitute its judgment for that of the
agency with respect to the environmental effects included in
the final agency action or the environmental document.
``(b) Remand.--
``(1) In general.--If a court holds, under section
706(2)(A) of title 5, United States Code, that a final agency
action does not comply with the requirements of this Act, the
only remedy the court may order, notwithstanding chapter 7 of
that title, is to remand, without vacatur or injunction, the
final agency action to the agency with--
``(A) specific instruction to correct the errors or
deficiencies found by the court; and
``(B) a reasonable schedule and deadline to correct such
errors or deficiencies, which such deadline may not exceed--
``(i) with respect to an order entered on or after the date
of enactment of this section,
[[Page S3097]]
the date that is 180 days after the date on which the order
was entered; and
``(ii) with respect to an order entered before the date of
enactment of this section, the date that is 180 days after
that date of enactment.
``(2) Continued effect of final agency action.--A final
agency action remanded under paragraph (1) shall remain in
effect while the Federal agency corrects any errors or
deficiencies found by the court.
``(3) Prohibition.--No court may issue a temporary
restraining order or preliminary injunction during
consideration of a claim or petition for review described in
subsection (a).
``(c) Limitations on Claims and Petitions for Review.--
``(1) In general.--Notwithstanding any other provision of
law (except as provided in subparagraph (A) with respect to a
shorter deadline), a claim or petition for review described
in subsection (a) shall be barred unless--
``(A) the claim or petition for review is filed not later
than 150 days after the date on which the final agency action
is made public, unless a shorter deadline is specified under
Federal law;
``(B) in the case of a final agency action or petition for
review for which there was a public comment period on an
environmental document, the claim or petition for review--
``(i) is filed by a party that submitted a substantive and
unique comment during the public comment period by the
noticed comment deadline for the environmental document and
the comment was sufficiently detailed to put the applicable
Federal agency on notice of the issue on which the party
seeks review; and
``(ii) concerns the same subject matter raised in the
comment submitted during the public comment period;
``(C) the claim or petition for review is filed by a party
that has suffered or imminently will suffer direct harm from
the final agency action; and
``(D) the claim or petition for review does not challenge
the establishment of a categorical exclusion.
``(2) Supplemental environmental documents.--
``(A) In general.--If an agency issues a supplemental
environmental document in response to a court order remanding
a final agency action, the deadline described in paragraph
(1)(A) shall be the date on which the agency makes public the
agency action for which the supplemental environmental
document is prepared.
``(B) Limitation.--A claim for review of a final agency
action described in subparagraph (A) shall be limited to
information contained in the final supplemental environmental
document that was not contained in a previous environmental
document for the final agency action.
``(3) Actions for use of tribal trust resources.--
``(A) In general.--For any final agency action that
authorizes or affects the use of land, minerals, or other
resources already held in trust at the time of the final
agency action by the United States for the benefit of a
federally recognized Indian Tribe, except as provided in
subparagraph (B), there shall be no administrative or
judicial review of the final agency action or petition for
review based on a claim of failure to comply with the
requirements of this Act.
``(B) Limitation.--Subparagraph (A) shall not apply to
actions for administrative or judicial review--
``(i) brought by a federally recognized Indian Tribe for
which the United States holds the land, minerals, or other
resources in trust; or
``(ii) that involve reasonably foreseeable effects of the
final agency action that occur outside the land, minerals, or
other resources held in trust by the United States for the
benefit of a federally recognized Indian Tribe.
``(d) Deadline for Resolution.--
``(1) In general.--A court shall issue a final judgment on
a claim or petition for review described in subsection (a)--
``(A) as expeditiously as practicable; and
``(B) unless a shorter deadline is specified under Federal
law, not later than the date that is 180 days after the date
on which the agency record for the review is filed with the
reviewing court, which shall not be more than 60 days after
the filing of the claim or petition for review.
``(2) Accelerated deadlines.--Nothing in this subsection
prevents a court from further expediting review of a claim or
petition for review described in subsection (a).
``(3) Appeals.--
``(A) Filing.--
``(i) In general.--A notice of appeal of a final judgment
described in this subsection shall be filed not later than 60
days after the final judgment is issued.
``(ii) Remanded actions.--In the case of a final agency
action remanded under subsection (b), the agency and, if
applicable, the applicant, shall have the right to appeal
during the pendency of the remand.
``(B) Deadline for review.--A court shall issue a final
decision on an appeal filed under subparagraph (A)--
``(i) as expeditiously as practicable; and
``(ii) not later than the date that is 180 days after the
date on which the appeal is filed.
``(e) No Effect on Review of Compliance With Other
Deadlines.--Nothing in this section affects the right to
obtain review under section 107(g)(6).''.
______