Accelerating claims
Division B — Committee on Energy and Natural Resources › Title II — Energy Permitting › Subtitle A — Accelerating claims
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(a) Definitions In this section: (1) Authorization (A) In general The term authorization means any lease, right-of-way, easement, permit, approval, order, finding, determination, or other administrative decision that is required or authorized under Federal law (including regulations) to design, plan, site, construct, reconstruct, or commence operations of a project, including any determination by a Federal department or agency that additional authorizations are not necessary. (B) Inclusions The term authorization includes— (i) agency approvals of lease sales, permits, rights-of-way, or plans required to explore for, develop, or produce energy or minerals under— (I) the Mineral Leasing Act (30 U.S.C. 181 et seq.); (II) the Act of August 7, 1947 (commonly known as the Mineral Leasing Act for Acquired Lands) (30 U.S.C. 351 et seq.); (III) the Act of July 31, 1947 (commonly known as the Materials Act of 1947) (61 Stat. 681, chapter 406; 30 U.S.C. 601 et seq.); (IV) sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872) (30 U.S.C. 22 et seq.); (V) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); (VI) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); (VII) title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.); or (VIII) title I of the Naval Petroleum Reserves Production Act (42 U.S.C. 6501 et seq.); (ii) statements or permits for a project under sections 7 and 10 of the Endangered Species Act of 1973 (16 U.S.C. 1536, 1539); and (iii) agency approvals under the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.) of hazardous fuel reduction and forest restoration projects. (2) Environmental document The term environmental document includes any of the following, as prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): (A) An environmental assessment. (B) A finding of no significant impact. (C) An environmental impact statement. (D) A record of decision. (3) Project The term project means a project— (A) proposed for— (i) the construction or operation of infrastructure— (I) to develop, produce, generate, store, transport, or distribute energy; (II) to capture, remove, transport, or store carbon dioxide; or (III) to mine, extract, beneficiate, or process minerals; or (ii) hazardous fuel reduction and forest restoration for the protection of infrastructure or communities from wildfire; and (B) subject to the requirements that— (i) an environmental document be prepared; and (ii) the applicable agency issue an authorization of the activity. (4) Project sponsor The term project sponsor means an entity, including any private, public, or public-private entity, seeking an authorization for a project. (b) Statute of limitations Notwithstanding any other provision of law, a civil action arising under Federal law seeking judicial review of a final agency action granting or denying an authorization shall be barred unless the civil action is filed by the date that is 150 days after the date on which the grant or denial of the authorization is required to be made public under subsection (c), unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed. (c) Date For the purpose of subsection (b), a final agency action granting or denying an authorization shall be made public not later than 3 days after that final agency action is taken. (d) Expedited review A reviewing court shall set for expedited consideration any civil action arising under Federal law seeking judicial review of a final agency action granting or denying an authorization. (e) Remanded actions (1) In general If the reviewing court remands a final Federal agency action granting or denying an authorization to the Federal agency for further proceedings, whether on a motion by the court, the agency, or another party, the court shall set a reasonable schedule and deadline for the agency to act on remand, which shall not exceed 180 days from the date on which the order of the court was issued, unless a longer time period is necessary to comply with applicable law. (2) Expedited treatment of remanded actions The head of the Federal agency to which a court remands a final Federal agency action under paragraph (1) shall take such actions as may be necessary to provide for the expeditious disposition of the action on remand in accordance with the schedule and deadline set by the court under that paragraph. (f) Treatment of supplemental or revised environmental documents For the purpose of subsection (b), granting or denying an authorization following the preparation of a supplemental or revised environmental document, when required, shall be considered to be a separate final agency action. (g) Notice Not later than 30 days after the date on which an agency is served a copy of a petition for review or a complaint in a civil action described in subsection (b), the head of the agency shall notify the project sponsor of the filing of the petition or complaint. (h) Permitting council Nothing in this title precludes a project from being designated as a covered project (as defined in section 41001 of the FAST Act (42 U.S.C. 4370m)) for the purposes of title XLI of that Act (42 U.S.C. 4370m et seq.).