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S. 5653IntroducedSenate · nowHousePresidentLawIn committee
Sec. 1109 · S. 5653

Applications for authorizations

Division A — Committee on Environment and Public Works › Title I — National Environmental Policy Act of 1969 › Subtitle A — Declaration of Environmental Policy

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Section 110 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336d) is amended to read as follows: 110. Applications for authorizations (a) Application Sufficiency (1) Notification of complete or incomplete application Unless a shorter deadline is specified by law, in connection with a proposed agency action for which a project sponsor submitted an application for an authorization to a Federal agency, not later than 60 days after the date on which the project sponsor submits the application, the Federal agency shall— (A) document receipt of the application; and (B) (i) notify the project sponsor that the application is complete; or (ii) notify the project sponsor that the application is incomplete and request, in writing, any additional information that the Federal agency needs to determine that the application is complete. (2) Agency determination (A) Complete determination If a Federal agency determines that an application is complete under paragraph (1)(B)(i), the Federal agency shall, not later than 60 days after the date on which the Federal agency makes that determination, unless a shorter period is provided for by law— (i) notify the project sponsor that the Federal agency has determined that— (I) the proposed agency action— (aa) is excluded pursuant to a categorical exclusion; or (bb) is not a major Federal action; or (II) no further agency action is required; (ii) notify the project sponsor that the agency has determined that preparation of an environmental assessment is necessary; or (iii) issue a notice of intent to prepare an environmental impact statement for the proposed agency action. (B) Incomplete determination If a Federal agency requests additional information under paragraph (1)(B)(ii), the deadline described in subparagraph (A) shall be based on the date on which the Federal agency receives the additional information instead of the date on which the determination is made. (b) Additional application information Unless otherwise required by law, in addition to any information required by a Federal agency for an application for authorization for a proposed agency action requiring an environmental review, a project sponsor shall submit to the applicable Federal agency— (1) a list of each known Federal, State, Tribal, or local authorization required to complete the proposed agency action; (2) a record of stakeholder engagement for the proposed agency action as of the date of the application; and (3) a brief description of a statement of purpose and need for the proposed agency action, including, to the extent practicable, the location of the project and any known alternatives..

Sec. 1109: Applications for authorizations · Public Law Tracker