Timely and unified Federal reviews

Section 107 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a) is amended— (1) by striking subsections (a) through (c) and inserting the following: (a) Determination of agency roles and responsibilities (1) Lead agency (A) Designation (i) In general The Federal agency that proposed the proposed agency action shall be the lead agency. (ii) Two or more agencies If there are 2 or more Federal agencies that are required by law to make a decision relating to an authorization for which an environmental review is required under this Act, those agencies shall determine, by letter or memorandum, which Federal agency shall be the lead agency for that environmental review based on consideration of— (I) the magnitude of the involvement of the Federal agencies; (II) the project approval or disapproval authority of those Federal agencies; (III) the expertise concerning the environmental effects of the proposed agency action; (IV) the duration of involvement of the Federal agencies with respect to that proposed agency action; and (V) the sequence of the involvement of the Federal agencies with respect to that proposed agency action. (iii) Joint lead agencies (I) In general In making a determination under clause (ii), the Federal agencies participating in the environmental review may appoint such State, Tribal, or local agencies as joint lead agencies, as those Federal agencies determine to be appropriate. (II) Responsibilities Joint lead agencies appointed under subclause (I) shall jointly fulfill the role described in subparagraph (C). (B) Delay in designation (i) Request for designation (I) In general Any Federal, State, Tribal, or local agency or project sponsor that is substantially affected by the lack of a designation of a lead agency with respect to a proposed agency action under subparagraph (A) may submit a written request to a Federal agency participating in the environmental review for the designation of a lead agency. (II) Transmission A Federal agency that receives a request under subclause (I) shall transmit that request to each Federal agency participating in the environmental review and to the Chairman. (ii) Chairman designation (I) Request If the Federal agencies participating in the environmental review are unable to agree on the designation of a lead agency not later than 21 days after the date on which the request was transmitted to a Federal agency participating in the environmental review under clause (i)(II), the Federal, State, Tribal, or local agency or project sponsor that is substantially affected by the lack of a designation of a lead agency may submit to the Chairman a request to designate a lead agency, which request shall consist of— (aa) a precise description of the nature and extent of the proposed agency action; and (bb) a detailed statement with respect to each Federal agency participating in the environmental review and each factor described in subparagraph (A)(ii) regarding which Federal agency shall serve as lead agency. (II) Transmission The Chairman shall transmit a request received under subclause (I) to each Federal agency participating in the environmental review. (III) Response A Federal agency participating in an environmental review may, not later than 14 days after the date of the transmission of a request under subclause (II), submit to the Chairman a response to the request for consideration by the Chairman. (IV) Designation Not later than 21 days after the date of the transmission of a request under subclause (II), the Chairman shall designate the lead agency with respect to the applicable proposed agency action. (V) Final and conclusive; no judicial review Any action taken by the Chairman to designate a lead agency under this clause— (aa) shall be final and conclusive; and (bb) shall not be subject to judicial review. (C) Role of lead agency A lead agency shall, with respect to a proposed agency action— (i) supervise the preparation of an environmental document if, with respect to such proposed agency action, there is more than 1 Federal agency participating in the environmental review; (ii) request the participation of each cooperating agency at the earliest practicable time; (iii) in preparing an environmental document, give consideration to any analysis or proposal created, if applicable, by a cooperating agency; (iv) develop a schedule, in consultation with each cooperating agency, the project sponsor, and such other entities as the lead agency determines appropriate, for completion of any environmental review or authorization required to carry out the proposed agency action; (v) meet with a cooperating agency that requests such a meeting; (vi) define and determine, as appropriate, the purpose and need, the reasonable alternatives, and the reasonably foreseeable environmental effects of the proposed agency action subject to the jurisdiction of the lead agency by law, subject to the condition that the alternatives may include the use of land under the jurisdiction of another Federal agency that has been designated as a cooperating agency; (vii) if the lead agency determines that an environmental review or authorization will not be completed in accordance with the schedule developed under clause (iv), submit a notification of any authorization or action by another Federal agency responsible for the possible failure to meet that schedule to the Chairman; (viii) presume that the effects of a no-action alternative will be negative for any proposed agency action carried out on, or directly affecting, Tribal trust resources (including lands and minerals) when the action is initiated by the Indian Tribe for which the United States holds the affected Tribal resources in trust; and (ix) eliminate from consideration any alternative (except for a no-action alternative) that does not— (I) fulfill the purpose and need of the proposed agency action; and (II) meet the goals of an applicable non-Federal project sponsor. (2) Cooperating agencies (A) Designation (i) In general The lead agency may, with respect to a proposed agency action, designate any Federal, State, Tribal, or local agency (including a county, borough, parish, city, and any other political subdivision of a State) that has jurisdiction by law with respect to any environmental effect involved in a proposed agency action to serve as a cooperating agency. (ii) Requirements Not later than 30 days after the date on which the lead agency issues, consistent with section 110, a notice of intent to prepare an environmental impact statement or informs the project sponsor that an environmental assessment is necessary, the lead agency shall— (I) identify all Federal and non-Federal agencies and governmental entities likely to require or provide authorization with respect to a proposed agency action; and (II) invite each agency identified under subclause (I) to become a cooperating agency. (iii) Acceptance or denial An agency invited under clause (ii)(II) shall accept or deny the invitation not later than 7 days after the date on which the agency receives the invitation. (iv) Limitations The designation of a cooperating agency under this subparagraph shall not— (I) give such cooperating agency authority or jurisdiction over the proposed agency action; or (II) expand any jurisdiction or authority such cooperating agency may have over the proposed agency action. (v) Unidentified agencies In the event that an agency that has jurisdiction by law with respect to any environmental impact involved in a proposed agency action is not identified as a potential cooperating agency under clause (ii)(I), the lead agency shall— (I) invite such unidentified agency to become a cooperating agency by not later than 7 days after becoming aware that the agency has jurisdiction by law with respect to the proposed agency action; and (II) if such agency accepts the invitation, incorporate such agency into the schedule developed under paragraph (1)(C)(iv) and update such schedule accordingly by not later than 14 days after the date on which such agency accepts the invitation. (B) Role of cooperating agencies (i) In general A cooperating agency may, not later than a date specified in the schedule established by the lead agency under paragraph (1)(C)(iv), submit comments to the lead agency. (ii) Requirements Comments submitted by a cooperating agency under clause (i) shall be limited to matters relating to the jurisdiction by law of the cooperating agency with respect to— (I) the reasonably foreseeable environmental effects of the proposed agency action; and (II) any applicable authorization required of the cooperating agency. (iii) Assistance A cooperating agency may, with the agreement of the lead agency, assist in the preparation of an environmental document. (iv) Sufficiency of analysis For the purpose of compliance with the requirements of this Act, a cooperating agency shall be bound by the purpose and need of the proposed agency action and consider only those alternatives to the proposed agency action that the lead agency has, consistent with paragraph (1)(C), determined are reasonable. (b) Coordination of agencies participating in an environmental review (1) In general Not later than 30 days after the date described in clause (iii) of subsection (a)(2)(A) with respect to each agency invited to be a cooperating agency pursuant to clause (ii)(II) of that subsection, the lead agency shall develop the schedule under subsection (a)(1)(C)(iv) for the applicable proposed agency action. (2) Requirements To the maximum extent practicable, if a proposed agency action will require action by more than 1 Federal agency and the lead agency has determined that the proposed agency action requires preparation of an environmental document, the lead agency and cooperating agencies shall— (A) evaluate the proposed agency action in a single environmental document; (B) carry out the obligations of each respective agency concurrently, and in conjunction with, other environmental reviews and authorizations being conducted by other Federal agencies, unless the agency determines that doing so would impair the ability of the agency to carry out the statutory obligations of the agency; and (C) formulate and implement administrative, policy, and procedural mechanisms to ensure that the environmental review is coordinated, environmentally responsible, and enables the lead agency to comply with the deadlines described in subsection (g). (3) Consideration of timing (A) In general No Federal agency shall be required to consider any scientific or technical research that becomes publicly available after the date of publication of a notice of intent or decision to prepare an environmental document for a proposed agency action. (B) Delay A Federal agency may not delay the issuance of an environmental document or authorization beyond the deadline for the proposed agency action under subsection (g) on the basis of awaiting new scientific or technical research or information that was not available as of the date described in subparagraph (A) for the proposed agency action. (C) 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 a public comment period, as applicable. (c) Public review (1) Publication in Federal Register Each notice of intent to prepare an environmental impact statement under section 102 shall be published in the Federal Register. (2) Public comment (A) Requirements Each notice of intent to prepare an environmental impact statement under section 102 shall include— (i) a request for public comment on alternatives or impacts and on relevant information, studies, or analyses with respect to the proposed agency action; and (ii) a concise description of the general location of the proposed agency action and a summary of geospatial information for the proposed agency action, if available. (B) Comment period The lead agency shall establish a comment period of not less than 45 days and not more than 60 days after the date on which the notice to prepare an environmental impact statement is published in the Federal Register, unless the lead agency and project sponsor agree to a longer deadline, which shall not exceed 75 days.; (2) in subsection (e), by redesignating paragraphs (1) and (2) as paragraphs (2) and (1), respectively, and moving the paragraphs so as to appear in numerical order; (3) in subsection (f)— (A) in the subsection heading, by inserting and use of existing documents after preparation; (B) by striking A lead agency and inserting the following: (1) In general A lead agency; and (C) by adding at the end the following: (2) Existing documents On the request of a project sponsor, a lead agency shall consider and, as appropriate, adopt or incorporate by reference, the analysis and documentation prepared for a proposed agency action under the laws and procedures of a State or an Indian Tribe as the documentation, or part of the documentation, required to complete an environmental review, if the analysis and documentation were developed pursuant to laws and procedures of the State or Indian Tribe that serve a similar function as Federal agency compliance with this Act, as determined by the lead agency.; (4) in subsection (g)— (A) by striking paragraph (1) and inserting the following: (1) In general (A) Environmental assessments (i) In general Except as provided in section 106(b)(1)(B) or paragraph (2), with respect to a proposed agency action, a lead agency shall complete and make public the environmental assessment, if applicable, not later than the date that is 1 year after the earlier of, as applicable— (I) the date on which the lead agency determines that section 106(b)(1)(A) requires the preparation of an environmental assessment with respect to the proposed agency action; and (II) the date on which the lead agency notifies the project sponsor that the application for the proposed agency action is complete. (ii) Additional requirements On completion of an environmental assessment— (I) (aa) not later than 7 days after the date on which the lead agency completes and makes public the environmental assessment, the lead agency shall issue a finding of no significant impact; (bb) not later than 90 days after the date on which the lead agency completes and makes public the environmental assessment, all Federal agencies participating in the environmental review shall issue and make public a decision on all outstanding authorizations for the proposed agency action; and (cc) not later than 120 days after the date on which the lead agency completes and makes public the environmental assessment, all Federal agencies not participating in the environmental review shall issue and make public a decision on all outstanding authorizations for the proposed agency action; or (II) not later than 7 days after the date on which the lead agency completes the environmental assessment, the lead agency shall publish a notice of intent to prepare an environmental impact statement. (B) Environmental impact statements (i) In general Except as provided in paragraph (2), with respect to a proposed agency action, the lead agency shall publish an environmental impact statement, if applicable, not later than the date that is 2 years after the earlier of, as applicable— (I) the date on which the lead agency determines that section 102(2)(C) requires the issuance of an environmental impact statement with respect to the proposed agency action; and (II) the date on which the lead agency notifies the project sponsor that the application for the proposed agency action is complete. (ii) Additional requirements (I) Record of decision Not later than 45 days after the date on which the lead agency publishes an environmental impact statement for a proposed agency action, the lead agency shall issue a record of decision. (II) Issuance of authorizations (aa) In general Not later than 90 days after the date on which the lead agency publishes an environmental impact statement for a proposed agency action, all Federal agencies participating in the environmental review shall issue a decision on all outstanding authorizations for the proposed agency action. (bb) Federal agencies not participating Not later than 120 days after the date on which the lead agency publishes an environmental impact statement for a proposed agency action, all Federal agencies not participating in the environmental review shall issue and make public a decision on all outstanding authorizations for the proposed agency action. (iii) Savings provision Nothing in this subparagraph prohibits an agency from issuing an environmental impact statement and record of decision in a single document. (C) Dispute resolution (i) Definition of eligible dispute or delay In this subparagraph, the term eligible dispute or delay means a dispute or delay with respect to an environmental review or authorization involving more than 1 Federal agency for which a project sponsor sends a notification to the Chairman under clause (ii). (ii) Notification of dispute The Chairman, in consultation with each Federal agency participating in the environmental review for a proposed agency action, shall, to the maximum extent practicable to meet the deadlines established under this subsection and the schedule developed under subsection (a)(1)(C)(iv), facilitate resolution of an eligible dispute or delay, including an anticipated delay, between those Federal agencies with respect to an environmental review or authorization not later than 30 days after the date of receipt of a notification from a project sponsor. (iii) Determination of resolution If an eligible dispute or delay, including an anticipated delay, described in clause (ii) remains unresolved by the date that is 30 days after the date on which a notification is received under that clause, the Chairman, not later than 14 days after that date, shall determine a resolution and order the relevant agencies to the eligible dispute or delay, including an anticipated delay, to act in accordance with that determination as soon as practicable. (iv) Final resolution Notwithstanding any other provision of law, any order given or action taken by the Chairman in resolution of an eligible dispute or delay, including an anticipated delay, under clause (iii)— (I) shall be final and conclusive; (II) shall not be subject to judicial review; and (III) shall, for purposes of judicial review of the ultimate agency action and all other Federal law, constitute full compliance with and satisfaction of any requirement for interagency consultation, coordination, concurrence, authorization, or other procedural obligation under Federal law that is the subject of the dispute or delay.; (B) in paragraph (2)— (i) by inserting applicable before deadline described in paragraph (1); (ii) by striking in consultation with the applicant and inserting with the approval of the project sponsor; and (iii) by striking such environmental impact statement or environmental assessment and inserting the applicable environmental document; and (C) by striking paragraph (3) and inserting the following: (3) Failure to act (A) In general If, after 30 days have passed from the date on which the Chairman determines that a key permitting agency has not acted in accordance with a determination under subparagraph (C)(iii) of paragraph (1) and causes a failure to comply with a deadline in accordance with that paragraph or an extended deadline in accordance with paragraph (2), each relevant agency CERPO of the key permitting agency and each career employee of the key permitting agency within the Senior Executive Service (as defined in section 2101a of title 5, United States Code) that has supervisory authority over personnel in the key permitting agency and that has a substantive role or responsibility in reviewing the applicable environmental document or authorization that remains unpublished or unissued, shall spend not less than 50 percent of the workweek, as determined pursuant to title 5, United States Code, or other applicable law, to remedy the failure. (B) No travel outside duty station If, after 60 days have passed from the date on which a deadline described in paragraph (1) or (2) was failed to be met and the key permitting agency has not published or made public the applicable environmental document and has not issued all outstanding authorizations, as described in those paragraphs, with respect to a proposed agency action, the head of the relevant key permitting agency shall not travel more than 25 miles from their official duty station for the purposes of official business until the key permitting agency has published or made public the applicable environmental document and issued all outstanding authorizations related to the proposed agency action that are not in compliance with the requirements of this subsection. (C) Exception This paragraph shall not apply to the Secretary of Defense. (4) Causes of action (A) Definition of court of competent jurisdiction In this paragraph, the term court of competent jurisdiction means— (i) if a court has jurisdiction over an applicable proposed agency action pursuant to any other provision of Federal law other than this Act, such court; or (ii) if no such court exists under clause (i), the district court of the United States for the district in which a substantial part of the applicable proposed agency action is situated. (B) Right to petition A project sponsor may obtain judicial review of the compliance by a Federal agency with the relevant deadline established under paragraph (1) or (2) by filing a written petition in a court of competent jurisdiction. (C) Exceptions The failure of a Federal agency to publish in the Federal Register or make public an environmental document or issue a decision on all necessary authorizations shall not be considered failure to comply with the deadlines established under paragraph (1) or (2) if the Federal agency proves by clear and convincing evidence that the failure was caused by— (i) a natural disaster, act of God, or act of war that reasonably impaired the ability of the Federal agency to comply with the relevant deadline established under paragraph (1) or (2); (ii) a national emergency for which the only available response is to delay the publication or making public the environmental document or withhold decisions on the relevant authorizations by the relevant deadline established under paragraph (1) or (2); (iii) the publication or making public of the environmental document or issuance of the authorization violating the statutory obligations of the Federal agency; (iv) the completed application of the project sponsor under section 110 being based on fraud or material misrepresentations of fact; (v) the project sponsor withholding information necessary to the ability of the Federal agency to comply with its statutory obligations in publishing or making public an environmental document or issuing a decision on all necessary authorizations, after the Federal agency has made a reasonable and timely request for such information; or (vi) a lapse in appropriations of more than 2 weeks affecting 1 or more of the relevant agencies involved in the preparation of the environmental documents or authorizations. (D) Remedy If a court of competent jurisdiction finds that a Federal agency has failed to act in accordance with this subsection, the court shall provide injunctive relief, as appropriate, to give effect to this section and retain jurisdiction to ensure compliance with any such relief. (E) Expedited procedures; time to decide The reviewing court shall— (i) establish an expedited schedule for briefing and disposition; (ii) issue a decision as expeditiously as practicable, but not later than 120 days after the date on which the petition is filed, absent extraordinary circumstances; and (iii) if the petition for relief is granted, issue an order requiring a decision on the covered application not later than 60 days after the date on which the order is issued.; and (5) in subsection (h)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate and inserting the Chairman, not later than April 15 of each year,; and (ii) by striking subparagraphs (A) and (B) and inserting the following: (A) identifies each environmental document that was not completed by each lead agency by the deadline described in subsection (g) and provides an explanation for the failure to meet the deadline; (B) identifies each environmental document the preparation of which commenced before the date of enactment of the Fiscal Responsibility Act of 2023 (Public Law 118–5; 137 Stat. 10) and is not yet complete at the time of the report and provides an explanation for the failure to complete the environmental document; (C) details the on-time completion rate of each key permitting agency in adhering to applicable deadlines described in subsection (g); and (D) details the progress of each key permitting agency in adhering to those deadlines as compared to the completion rate during the preceding year.; and (B) in paragraph (2)— (i) in subparagraph (A), by striking such environmental assessment and environmental impact statement and inserting applicable environmental document; (ii) by striking subparagraph (B) and inserting the following: (B) the earlier of— (i) with respect to an environmental assessment, as applicable— (I) the date on which the lead agency determines that section 106(b)(1)(A) requires the preparation of an environmental assessment with respect to the proposed agency action; and (II) the date on which the lead agency notifies the project sponsor that the application for the proposed agency action is complete; and (ii) with respect to an environmental impact statement, as applicable— (I) the date on which the lead agency determines that section 102(2)(C) requires the issuance of an environmental impact statement with respect to the proposed agency action; and (II) the date on which the lead agency notifies the project sponsor that the application for the proposed agency action is complete; and; and (iii) in subparagraph (C), by striking environmental assessment and environmental impact statement and inserting environmental document; and (C) by adding at the end the following: (3) Compilation The Chairman shall— (A) compile the reports received by the heads of lead agencies under paragraph (1) each year; (B) provide recommendations on how to improve the performance of Federal agencies in adhering to the deadlines described in subsection (g); and (C) submit that compilation of those reports and those recommendations to the Committee on Environment and Public Works of the Senate and Committee on Natural Resources of the House of Representatives by not later than June 15 of the applicable year..