NEPA reform

(a) Purposes; intent; effect 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: 2. Purposes; intent; effect (a) Purposes The purposes of this Act are to; and (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 and after determination of; (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; 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 developing 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) Certainty A Federal agency may not rescind, withdraw, amend, alter, or otherwise render ineffective any environmental document completed under this Act unless the Federal agency has been so ordered by a court.. (c) Timely and unified Federal reviews Section 107 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a) is amended— (1) in subsection (a)(3), in the second sentence, by striking the period at the end and inserting, which shall be limited to matters relating to the proposed agency action with respect to which such cooperating agency has jurisdiction by law. If a lead agency determines an environmental document is not required to be prepared with respect to a proposed agency action under section 106(a), another agency may not prepare an environmental document with respect to such proposed agency action.; (2) in subsection (b)— (A) by striking To the extent practicable, and inserting the following: (1) In general To the extent practicable,; and (B) by adding at the end the following: (2) Consideration timing (A) In general In developing 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) Unnecessary 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 deadlines described in subparagraph (A).; (3) in subsection (d), by striking the period at the end and inserting, which shall, where applicable, meet the goals of the applicant.; and (4) in subsection (g)— (A) in paragraph (2), 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; (B) in paragraph (3)(A), by striking A project sponsor may and inserting Except as provided in subparagraph (C), a project sponsor may; and (C) by adding at the end the following: (C) Exception A project sponsor that approved an extension of a deadline under paragraph (2) may not obtain 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.. (d) Programmatic environmental documents Section 108 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336b) is amended— (1) in paragraph (1), by striking 5 and inserting 10; and (2) in paragraph (2), by striking 5 and inserting 10. (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 established by Congress, after procedures; (2) in paragraph (1), by inserting or established by Congress after NEPA procedures; and (3) in paragraph (2), by inserting, if applicable, after established the categorical exclusion. (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 (8), (9), and (10) as paragraphs (10), (8), (9), respectively, and the moving the paragraphs so as to appear in numerical order; (3) in paragraph (9) (as so redesignated)— (A) in subparagraph (B)— (i) in clause (iii)— (I) by inserting, grants 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; and (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 (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.; (4) by redesignating paragraph (13) as paragraph (14); and (5) by inserting after paragraph (12) the following: (13) 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,.