Project sponsor opt-in fees for environmental reviews

The National Environmental Policy Act of 1969 is amended by inserting after section 111 (42 U.S.C. 4336e) the following: 112. Project sponsor opt-in fees for environmental reviews (a) Process (1) Project sponsor A project sponsor who intends to pay a fee under this section for the preparation, or supervision of the preparation, of an environmental assessment or environmental impact statement with respect to the project of the project sponsor shall submit to the Council— (A) a description of the project; and (B) a declaration of whether the project sponsor intends to prepare the environmental assessment or environmental impact statement under section 107(f) of this title. (2) Council on Environmental Quality Not later than 15 days after the receipt of the information described in paragraph (1), the Council shall provide to the project sponsor that submitted such information notice of— (A) the relevant lead agency; and (B) the amount of the fee, as determined under subsection (b). (3) Payment of fee A project sponsor may pay a fee under this section after receipt of the notice described in paragraph (2). (4) Deadline for environmental reviews for which a fee is paid Notwithstanding section 107(g)(1)— (A) an environmental assessment for which a fee was paid under this section shall be completed by not later than 6 months after the sooner of, as applicable, the dates described in clauses (i), (ii), and (iii) of section 107(g)(1)(B); and (B) an environmental impact statement for which a fee was paid under this section shall be completed by not later than 1 year after the sooner of, as applicable, the dates described in clauses (i), (ii), and (iii) of section 107(g)(1)(A). (b) Fee amount The amount of a fee under this section shall be— (1) in the case of an environmental assessment or environmental impact statement to be prepared by the lead agency, 125 percent of the anticipated costs to prepare the environmental assessment or environmental impact statement; and (2) in the case of an environmental assessment or environmental impact statement to be prepared in whole or in part by a project sponsor under section 107(f), 125 percent of the anticipated costs to supervise preparation of, and (as applicable) prepare, the environmental assessment or environmental impact statement. (c) Administrative and judicial review (1) EA; EIS There shall be no administrative or judicial review of an environmental assessment or environmental impact statement for which a fee is paid under this section. (2) FONSI; ROD An action for administrative or judicial review of a finding of no significant impact or record of decision that is associated with an environmental assessment or environmental impact statement described in paragraph (1) may not challenge the finding of no significant impact or record of decision based on an alleged issue with the environmental assessment or environmental impact statement. (d) Revenue allocation Fees received under this section shall be deposited into the Treasury as miscellaneous receipts..

The National Environmental Policy Act of 1969 is amended by inserting after section 111 (42 U.S.C. 4336e) the following: 112. Project sponsor opt-in fees for environmental reviews (a) Process (1) Project sponsor A project sponsor who intends to pay a fee under this section for the preparation, or supervision of the preparation, of an environmental assessment or environmental impact statement with respect to the project of the project sponsor shall submit to the Council— (A) a description of the project; and (B) a declaration of whether the project sponsor intends to prepare the environmental assessment or environmental impact statement under section 107(f) of this title. (2) Notice of amount of fee Not later than 15 days after the receipt of the information described in paragraph (1), the Council shall provide to the project sponsor that submitted such information notice of the amount of the fee, as determined under subsection (b). (3) Payment of fee A project sponsor may pay a fee under this section after receipt of the notice described in paragraph (2). (4) Deadline for environmental reviews for which a fee is paid Notwithstanding section 107(g)(1)— (A) an environmental assessment for which a fee was paid under this section shall be completed by not later than 6 months after the sooner of, as applicable, the dates described in clauses (i), (ii), and (iii) of section 107(g)(1)(B); and (B) an environmental impact statement for which a fee was paid under this section shall be completed by not later than 1 year after the sooner of, as applicable, the dates described in clauses (i), (ii), and (iii) of section 107(g)(1)(A). (b) Fee amount The amount of a fee under this section shall be— (1) in the case of an environmental assessment or environmental impact statement to be prepared by the lead agency, 125 percent of the anticipated costs to prepare the environmental assessment or environmental impact statement; and (2) in the case of an environmental assessment or environmental impact statement to be prepared in whole or in part by a project sponsor under section 107(f), 125 percent of the anticipated costs to supervise preparation of, and (as applicable) prepare, the environmental assessment or environmental impact statement. (c) Judicial review (1) EA; EIS There shall be no judicial review of an environmental assessment or environmental impact statement for which a fee is paid under this section. (2) FONSI; ROD An action for judicial review of a finding of no significant impact or record of decision that is associated with an environmental assessment or environmental impact statement described in paragraph (1) may not challenge the finding of no significant impact or record of decision based on an alleged issue with the environmental assessment or environmental impact statement. (d) Revenue allocation Fees received under this section shall be deposited into the Treasury as miscellaneous receipts..