Historic preservation

(a) Eligibility for inclusion on national register Section 302706 of title 54, United States Code, is amended— (1) in subsection (a), by striking the subsection designation and all that follows through Property of traditional religious and and inserting the following: (a) Eligibility (1) Definition of property of traditional religious or cultural importance In this subsection, the term property of traditional religious or cultural importance means an identifiable geographic location or feature at which an event of continuing religious or cultural significance to a living community occurred, including any prehistoric or historic district, site, building, structure, or object, and any existing artifacts or material remains at that district, site, building, structure, or object. (2) Determination Property of traditional religious or; and (2) in subsection (b), by striking subsection (a) and inserting subsection (a)(2). (b) Program evaluation (1) State programs Section 302302 of title 54, United States Code, is amended— (A) in subsection (a)— (i) in the subsection heading, by striking Occcur and inserting Occur; and (ii) by striking 4 and inserting 2; (B) in subsection (b)— (i) by striking If and inserting the following: (1) In general If; (ii) in paragraph (1) (as so designated), by striking within a reasonable period of time and inserting within 2 years of the date of the disapproval; and (iii) by adding at the end the following: (2) Compliance with timelines A State program shall not be considered consistent with this division under paragraph (1) if the applicable State Historic Preservation Officer does not regularly comply with timelines for consultation, complete consultation expeditiously, or meet required metrics under this division. (3) Disapproval If the Secretary disapproves of a State program or a major aspect of a State program under paragraph (1), the Secretary shall require the suspension in whole or in part of— (A) any contracts and cooperative agreements among the Secretary and the applicable State and State Historic Preservation Officer; and (B) any grants distributed through the Historic Preservation Fund to the applicable State and State Historic Preservation Officer. (4) Review If the Secretary determines under paragraph (1) that a State program remains not consistent, or has not made acceptable progress towards becoming consistent, with this division within the 2-year timeline described in that paragraph, the Secretary shall assume all or part of the functions of the State Historic Preservation Officer until the date on which the State Historic Preservation Officer demonstrates that the State program is consistent under paragraph (1).; and (C) in subsection (d)(2)— (i) in the matter preceding subparagraph (A), by inserting shall after Secretary; (ii) in subparagraph (A)— (I) by striking may conduct periodic fiscal audits and inserting not less frequently than every 4 years, conduct fiscal audits; and (II) by striking as needed; and (iii) in subparagraph (B), by striking shall. (2) Tribal programs (A) In general Chapter 3027 of title 54, United States Code, is amended by adding at the end the following: 302707. Program evaluation (a) When Evaluation Should Occur Periodically, but not less frequently than every 2 years after the date on which a tribal program has been approved to assume functions and responsibilities under section 302702, the Secretary, in consultation with the Council under applicable provisions of this division, and in cooperation with the Tribal Historic Preservation Officer, shall evaluate the tribal program to determine whether the tribal program is consistent with this division. (b) Disapproval of Program (1) In general If, at any time, the Secretary determines that a major aspect of a tribal program is not consistent with this division, the Secretary shall disapprove the tribal program and suspend in whole or in part any contracts or cooperative agreements with the Indian tribe and the Tribal Historic Preservation Officer under this division, until the program is consistent with this division, unless the Secretary determines that the tribal program will be made consistent with this division within 2 years of the date of the disapproval. (2) Compliance with timelines A tribal program shall not be considered consistent with this division under paragraph (1) if the applicable Tribal Historic Preservation Officer does not regularly comply with timelines for consultation, complete consultation expeditiously, or meet required metrics under this division. (3) Disapproval If the Secretary disapproves of a tribal program or a major aspect of a tribal program under paragraph (1), the Secretary shall require the suspension in whole or in part of— (A) any contracts or cooperative agreements among the Secretary and the applicable Indian tribe and Tribal Historic Preservation Officer; and (B) any grants distributed through the Historic Preservation Fund to the applicable Indian tribe and Tribal Historic Preservation Officer. (4) Review If the Secretary determines under paragraph (1) that a tribal program remains not consistent, or has not made acceptable progress towards becoming consistent, with this division within the 2-year timeline described in that paragraph, the Secretary shall assume all or part of the functions of the Tribal Historic Preservation Officer until the date on which the Tribal Historic Preservation Officer demonstrates that the State program is consistent under paragraph (1). (c) Oversight The Secretary, in consultation with Tribal Historic Preservation Officers, shall establish oversight methods to ensure tribal program consistency and quality without imposing undue review burdens on Tribal Historic Preservation Officers. (d) Fiscal Audit and Management System (1) Substitution for comparable Federal systems At the discretion of the Secretary, a system of fiscal audit and management of the Indian tribe may be substituted for comparable Federal systems, subject to the conditions that the system of the Indian tribe— (A) establishes and maintains substantially similar accountability standards; and (B) provides for independent professional peer review. (2) Fiscal audits and review by secretary The Secretary shall— (A) not less frequently than every 4 years, conduct periodic fiscal audits of tribal programs approved under this chapter; and (B) ensure that the tribal programs meet applicable accountability standards. (3) ISDEAA audit substitution An audit conducted to meet the requirements of section 5 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5305) of a tribal program shall meet the requirements of this subsection, subject to the requirement that the audit shall be submitted to each of the Director, the Director of the Bureau of Indian Affairs, and the Council.. (3) Conforming amendment Section 302702 of title 54, United States Code, is amended, in the matter preceding paragraph (1), by striking 302302 and 302303 and inserting 302303 and 302707. (4) Clerical amendment The table of sections for chapter 3027 of title 54, United States Code, is amended by adding at the end the following: 302707. Program evaluation.. (c) Effect of undertaking on historic property Section 306108 of title 54, United States Code, is amended— (1) in the second sentence, by striking The head of the Federal agency and inserting the following: (2) Opportunity to comment The head of any Federal agency described in paragraph (1); (2) in the first sentence, by striking The head of any Federal agency having direct or indirect and inserting the following: (b) Adverse effect of the undertaking (1) In general The head of any Federal agency having direct; (3) by inserting before subsection (b) (as so designated) the following: (a) Definitions In this section: (1) Adverse effect of the undertaking (A) In general The term adverse effect of the undertaking means a consequence of an undertaking that— (i) is reasonably foreseeable; and (ii) directly alters the characteristics of a historic property in a manner that would diminish the integrity of the location, design, setting, materials, workmanship, or association of the historic property. (B) Exclusions The term adverse effect of the undertaking does not include— (i) any visual, atmospheric, or audible element, unless the visual, atmospheric, or audible element would have a direct impact on a historic property that would significantly diminish the eligible characteristics of the historic property; (ii) any temporary alteration to a historic property that is limited to the time it takes to complete an undertaking; or (iii) any effect on a portion of the historic property other than an adverse effect to the character-defining features, such as contributing elements, cultural-use locations, or access points, that significantly contribute to the qualification of the property for inclusion on the National Register. (2) Area of potential effects (A) In general The term area of potential effects means the area within which an undertaking may cause an effect described in paragraph (1)(A). (B) Exclusion The term area of potential effects does not include any geographic area affected solely by a portion of a project, activity, or program that is not subject to Federal control or responsibility. (3) Made public The term made public, with respect to a final agency action, means that the final agency action is published in a single location on the primary website of the applicable Federal agency with— (A) hyperlinks to the final agency action prominently displayed on the website; and (B) the date of initial publication of the final agency action displayed and maintained on the website. (4) Reasonably foreseeable (A) In general The term reasonably foreseeable, with respect to an adverse effect of the undertaking, means an effect of the undertaking that shares a reasonably close causal relationship to, and is proximately caused by, the undertaking being considered. (B) Exclusions The term reasonably foreseeable, with respect to an adverse effect of the undertaking, does not include— (i) any adverse effect of the undertaking that is speculative or attenuated from the undertaking; or (ii) any adverse effect of the undertaking relating to an unrelated prior, separate existing, or potential future undertaking. (5) State historic preservation officer The term State Historic Preservation Officer means— (A) the official designated and appointed pursuant to section 302301(1) to administer the State Historic Preservation Program; or (B) a representative designated to act for the official described in subparagraph (A). (6) Tribal historic preservation officer The term Tribal Historic Preservation Officer means the Tribal official designated pursuant to section 302702(2) who has assumed the duties of the State Historic Preservation Officer for purposes of compliance with subsection (b) within the boundaries of the applicable tribal land. (7) Undertaking (A) In general The term undertaking means a project, activity, or program that— (i) requires a Federal permit, license, or approval; and (ii) is subject to substantial Federal control and responsibility. (B) Exclusion The term undertaking does not include— (i) any portion of a project, activity, or program over which a Federal agency does not exercise substantial control or responsibility over the outcome; (ii) a project, activity, or program for which the only Federal involvement is a loan, loan guarantee, grant (including a capitalization grant), cost-share award, or other form of financial assistance that is not for the primary purpose of historic preservation; (iii) a project, activity, or program that consists of minor restoration, rehabilitation, repair, maintenance, stabilization, hazardous material remediation, structure hardening, provision of handicapped access, or other similar minor projects that do not diminish the integrity of a historic property; (iv) a project, activity, or program that is a survey or work completed to conduct consultations; (v) a project, activity, or program that— (I) is any alteration to a historic property that is necessary for public safety; and (II) does not diminish the integrity of the historic property; (vi) an activity or decision that is non-discretionary and made in accordance with the statutory authority of the Federal agency; (vii) any— (I) renewal of a special use permit on the expiration of the special use permit if no substantive changes are made from the original special use permit; or (II) transfer of ownership of a special use permit; (viii) the implementation of, or any act or omission under, a memorandum of agreement, programmatic agreement, or other instrument executed in connection with compliance with this section, after the date on which a determination has been made under subsection (c); or (ix) the continuation, operation, maintenance, or post-approval implementation of a project, activity, or program after the determination has been made under subsection (c), except that a subsequent discrete decision of a Federal agency to amend or materially modify a determination made under subsection (c) is itself an undertaking, to the extent provided in this section.; and (4) by adding at the end the following: (c) Consultation (1) In general The responsibilities of a Federal agency under this section shall be limited to historic properties within the area of potential effects identified by the Federal agency. (2) Initiation and report (A) In general Not later than 30 days after the date of receipt of a request for review of a proposed project, activity, or program under this section, the applicable Federal official shall determine whether the proposed project, activity, or program is an undertaking subject to the requirements of this section. (B) Establishment of area of potential effects and identification and determination of historic properties (i) In general If the applicable Federal official determines under subparagraph (A) that the proposed project, activity, or program is an undertaking, the applicable Federal official shall establish the area of potential effects for the undertaking. (ii) Identification of historic properties The applicable Federal official shall identify and determine any historic properties within the area of potential effects. (iii) Consultation For purposes of establishing the area of potential effects for the undertaking and identifying and determining any historic properties under clauses (i) and (ii), respectively, the applicable Federal official may consult with any applicable State Historic Preservation Officers, Tribal Historic Preservation Officers, Indian tribes, or Native Hawaiian organizations, local governments, and project, activity, or program applicants. (iv) Incorporation of information Upon a determination made under subparagraph (A), before establishing the area of potential effects under clause (i) or identifying and determining historic properties under clause (ii), the applicable Federal official shall seek, discuss, as appropriate, and incorporate, as applicable, information from each applicable State Historic Preservation Officer, Tribal Historic Preservation Officer, Indian tribe, or Native Hawaiian organization, local government, and project, activity, or program applicant, if the information is communicated to the applicable Federal official not later than 30 days after the date on which the Federal official submits a request for such information. (C) Program alternative If the applicable Federal official determines under subparagraph (A) that the proposed project, activity, or program is an undertaking that is governed by a program alternative authorized under section 800.14 of title 36, Code of Federal Regulations (or successor regulations), including an alternate procedure, programmatic agreement, exempted category, standard treatment, or program comment, the applicable Federal official may follow the applicable program alternative with respect to the undertaking. (D) Determination of effects (i) In general If the applicable Federal official determines that a proposed project, activity, or program is an undertaking under subparagraph (A), the applicable Federal official shall determine whether there are any adverse effects of the undertaking within the area of potential effects. (ii) No adverse effects The applicable Federal official shall have no further obligations under this section if the applicable Federal official determines under clause (i) that— (I) the proposed project, activity, or program is an undertaking for which there are no adverse effects of the undertaking; (II) the undertaking does not have the potential to cause adverse effects of the undertaking; or (III) historic properties are not present. (iii) Report If the applicable Federal official determines under subparagraph (A) that the proposed project, activity, or program is an undertaking, for which there will be adverse effects of the undertaking, as determined under clause (i), not later than 60 days after the date of the determination under subparagraph (A), the applicable Federal official shall complete and submit for review to the applicable State Historic Preservation Officer, Tribal Historic Preservation Officer, Indian tribe, Native Hawaiian organization, local government, and project, activity, or program applicant under this division a report that— (I) identifies whether historic properties are present within the area of potential effects; and (II) if historic properties are present within the area of potential effects— (aa) identifies the area of potential effects for the undertaking; (bb) identifies the historic properties within the area of potential effects; (cc) considers only the portion of the property within the area of potential effects; (dd) documents the adverse effects of the undertaking; (ee) identifies prudent and feasible measures within the area of potential effects to avoid, minimize, or mitigate the adverse effects of the undertaking; (ff) identifies and explains any case in which, as applicable, the applicable Federal official has decided not to require such prudent and feasible measures because, in the sole discretion of the applicable Federal official and as otherwise allowed by law, other considerations outweigh the consideration of historic preservation as to any or all adverse effects of the undertaking; and (gg) does not identify measures described in item (ee) that are not prudent or would occur outside the area of potential effects, unless the project, activity, or program applicant has submitted a written request for alternative mitigation measures. (3) Determination (A) In general Not later than 90 days after the date of submission of a report under paragraph (2)(D)(iii), unless a shorter timeline is agreed to by the State Historic Preservation Officer or Tribal Historic Preservation Officer and each applicable Indian tribe, Native Hawaiian organization, and local government, the applicable Federal official, in consultation with the applicable State Historic Preservation Officer and Tribal Historic Preservation Officer, Indian tribe, Native Hawaiian organization, and local government under this division, shall— (i) determine, based on the report, that— (I) (aa) the adverse effects of the undertaking would not so diminish the integrity of the historic property to the extent that the historic property would be made ineligible for listing on the National Register; and (bb) the obligations of the Federal official under this section shall be satisfied; or (II) (aa) in the sole discretion of the Federal official and as otherwise allowed by law, other considerations outweigh the consideration of historic preservation as to any or all adverse effects of the undertaking; and (bb) the obligations of the Federal official under this section shall be satisfied; or (ii) reach an agreement with the applicable State Historic Preservation Officer and Tribal Historic Preservation Officer, Indian tribe, Native Hawaiian organization, local government, and project, activity, or program applicant that describes how the adverse effects of the undertaking would be avoided, minimized, or mitigated. (B) No agreement (i) Consultation period If an agreement is not reached under clause (ii) of subparagraph (A) within the 90-day period described in that subparagraph, during the 60-day period beginning immediately after the end of that 90-day period, there shall be a period of consultation among the applicable Federal official, State Historic Preservation Officer and Tribal Historic Preservation Officer, Indian tribe, Native Hawaiian organization, and local government. (ii) Formal advisory comments (I) Request If an agreement is not reached under clause (i) within the 60-day period described in that clause, the head of the Federal agency shall request formal advisory comments from the Council with respect to the applicable undertaking. (II) Response Not later than 45 days after the date on which the Council receives a request under subclause (I), the Council shall submit to the head of the Federal agency the formal advisory comments requested. (III) Final determination Not later than 30 days after the date on which the head of the Federal agency receives the formal advisory comments from the Council under subclause (II), the head of the Federal agency (or an agency official delegated by the head of the Federal agency) shall make a final determination on the undertaking that demonstrates how the formal advisory comments were considered. (IV) Satisfaction of obligations Effective on the date on which a final determination is made under subclause (III), the obligations of the applicable Federal agency under this section shall be satisfied. (C) Multiple determinations If an undertaking involves multiple corridors or large land areas, the applicable Federal official may issue multiple determinations under subparagraph (A) in a phased process. (4) Lead Federal agency (A) In general If more than 1 Federal agency has jurisdiction over a project, activity, or program that is determined to be an undertaking, the 1 or more applicable Federal agencies shall designate a lead Federal agency to comply with the requirements of this subsection. (B) Presumption If a lead Federal agency has been designated for purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the lead Federal agency designated for purposes of complying with that Act shall serve as the lead Federal agency for purposes of this subsection unless the applicable Federal agencies jointly determine that another Federal agency is better suited to carry out the responsibilities of the lead Federal agency under this subsection. (C) Written request; designation by Secretary If the 1 or more applicable Federal agencies do not designate a lead Federal agency under subparagraph (A) by the date that is 15 days after the date on which the applicable Federal agencies receive notice of a proposed undertaking— (i) in the case of an undertaking initiated by an applicant, the applicant may submit to the Secretary a written request for the Secretary to designate a lead Federal agency; or (ii) in the case of an undertaking initiated by the Federal Government, the Secretary shall designate a lead Federal agency. (D) Failure to sign programmatic agreement The failure of the head of a Federal agency that is not the lead Federal agency to be a signatory to a programmatic agreement under this subsection shall not affect the conduct of the project, activity, or program subject to the programmatic agreement. (5) Timelines for consultation (A) Initiation If a project, activity, or program requires the preparation of an environmental document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), any consultation with respect to the project, activity, or program required for purposes of this subsection shall initiate not later than the date of initiation of the environmental review. (B) Completion (i) In general The consultation process initiated under subparagraph (A) shall be completed not later than the date on which the applicable environmental document under section 107(g) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(g)) is completed with respect to the undertaking, unless the Secretary approves an extension of the deadline due to extraordinary circumstances beyond the control, and not due to any actions, of the consulting parties. (ii) Failure to complete by deadline If the consultation process initiated under subparagraph (A) is not complete by the later of the deadline established under clause (i) or the date extended under that clause, the consultation requirement for purposes of this subsection, each State Historic Preservation Officer, Tribal Historic Preservation Officer, and employee within Senior Executive Service (as defined in section 2101a of title 5) that has supervisory authority over personnel in a relevant agency that has a substantive role or responsibility in the consultation, shall spend not less than 50 percent of the workweek, as determined pursuant to title 5 or other applicable law, to remedy the failure. (iii) Causes of action (I) Right to petition A project, activity, or program applicant may obtain judicial review of the compliance by a Federal agency with the deadline established under clause (i) by filing a complaint with a court of competent jurisdiction in which a substantial part of the applicable proposed project, activity, or program is situated. (II) Remedy If a court of competent jurisdiction under this clause 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 subsection and retain jurisdiction to ensure compliance with any such relief. (III) Expedited procedures; time to decide The reviewing court under this clause shall— (aa) establish an expedited schedule for briefing and disposition; and (bb) issue a decision as expeditiously as practicable. (C) Participation of State Historic Preservation Officer or Tribal Historic Preservation Officer (i) In general If the State Historic Preservation Officer, Tribal Historic Preservation Officer, Indian tribe, Native Hawaiian organization, or local government fails to respond within 30 days of receipt of a request for review of any report or finding by the applicable Federal official, the applicable Federal official shall proceed to the determination under paragraph (3)(A). (ii) Subsequent involvement If a State Historic Preservation Officer, Tribal Historic Preservation Officer, Indian tribe, Native Hawaiian organization, or local government that fails to respond by the deadline described in clause (i) re-enters the consultation process required for purposes of this subsection, the applicable Federal official— (I) shall not be required to reconsider any previous report or finding; and (II) may consult with the Council in lieu of the State Historic Preservation Officer, Tribal Historic Preservation Officer, Indian tribe, Native Hawaiian organization, or local government. (iii) No substantive objections If the State Historic Preservation Officer, Tribal Historic Preservation Officer, Indian tribe, Native Hawaiian organization, local government, or Council, as applicable, has entered the consultation process required for purposes of this subsection, but does not provide any substantive objections by the date that is 30 days after the date of receipt of a report or finding, the applicable Federal official shall proceed to the determination under paragraph (3)(A). (iv) Substantive objections If the State Historic Preservation Officer, Tribal Historic Preservation Officer, Indian tribe, Native Hawaiian organization, local government, or Council, as applicable, has entered the consultation process required for purposes of this subsection and provides substantive objections with respect to any of the matters included in the applicable report under items (aa) through (ff) of paragraph (2)(D)(iii)(II) by the date that is 30 days after the date of receipt of the report, not later than 30 days after the date of receipt of the objections, the applicable Federal official— (I) shall provide a response explaining how the Federal agency has considered the substantive objections in the report; and (II) may provide a supplemental report. (v) Fulfillment of consulting obligations On the provision of a response under clause (iv)(I), the obligation of the applicable Federal official to consult for purposes of this subsection shall be considered to be fulfilled with respect to the report. (vi) Agreement If a State Historic Preservation Officer, Tribal Historic Preservation Officer, Indian tribe, Native Hawaiian organization, or local government fails to respond to an agreement under this subparagraph, the applicable Federal official may enter into the agreement with the Council in lieu of the State Historic Preservation Officer, Tribal Historic Preservation Officer, Indian tribe, Native Hawaiian organization, or local government. (6) Coordination with NEPA For any undertaking subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the applicable Federal official may use the preparation of a draft environmental document that the Federal agency prepares under that Act to comply with the report required under paragraph (2)(D)(iii) if the applicable Federal official— (A) has notified each applicable State Historic Preservation Officer or Tribal Historic Preservation Officer, Indian tribe, Native Hawaiian organization, local government, and the Council of the intent to use the environmental document for that purpose; and (B) determines that the draft environmental document includes each of the components required to be in the report under paragraph (2)(D)(iii). (7) Programmatic agreements (A) By Federal agency The head of any Federal agency shall, in consultation with the Council, develop and implement programmatic agreements to govern categories of undertakings that are— (i) determined to normally have no adverse effects of the undertaking; (ii) similar and repetitive in nature; or (iii) routine management activities undertaken at Federal installations, facilities, or other land management units. (B) By State and Tribal Historic Preservation Officers (i) In general A State Historic Preservation Officer or a Tribal Historic Preservation Officer may develop and implement programmatic agreements within their applicable jurisdiction to govern categories of undertakings that are— (I) determined to normally have no adverse effects of the undertaking; or (II) similar and repetitive in nature. (ii) Multiple programmatic agreements If a Federal agency and a State Historic Preservation Officer or Tribal Historic Preservation Officer each have programmatic agreements governing the same category of undertakings, the programmatic agreement of the State Historic Preservation Officer or Tribal Historic Preservation Officer shall be applied to the applicable category of undertakings. (8) Qualified historic preservation officers The Secretary shall collaborate with Tribal Historic Preservation Officers, tribal leaders, and relevant nonprofit organizations to develop standard requirements for Tribal Historic Preservation Officers that reflects the traditional knowledge, expertise, and access to traditional cultural leaders required for a successful tribal historic preservation program. (9) Judicial review (A) Definition of agency action In this paragraph, the term agency action has the meaning given the term in section 551 of title 5. (B) Role of the court In reviewing a claim of whether an undertaking complies with the requirements of this division, a court— (i) shall afford substantial deference to the agency; and (ii) may not substitute the judgment of the court for the judgment of the agency. (C) Remedy (i) In general Except as provided in clause (ii) and notwithstanding any other provision of law, if a court determines that an agency action does not comply with the requirements of this division, the only remedy the court may order is to remand, without vacatur or issuance of an injunction, the applicable agency action to the Federal agency with— (I) specific instructions to correct errors or deficiencies found by the court; and (II) a reasonable schedule and deadline for the agency to act on remand, which shall not exceed 180 days after the date on which the order of the court was entered. (ii) Preliminary injunctions (I) In general Notwithstanding clause (i) and subject to subclause (II), a court may issue a preliminary injunction for the applicable agency action when— (aa) there is a substantial likelihood the agency action violates a Federal law (other than this division or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)); (bb) necessary to prevent irreparable harm to the plaintiff; (cc) the balance of equities favors the plaintiff; and (dd) a preliminary injunction is in the public interest. (II) Requirements The effective period of a preliminary injunction issued by a court under subclause (I) shall be not longer than the time the court finds is reasonably necessary— (aa) for the correction of the violation described in subclause (I)(aa); and (bb) to prevent the irreparable harm described in subclause (I)(bb). (D) Limitations on claims (i) In general Notwithstanding chapter 7 of title 5, a claim described in subparagraph (B) shall be barred unless— (I) except in a case in which a shorter deadline is specified under Federal law, the claim is filed not later than 150 days after the later of— (aa) the date on which the final agency action is made public; and (bb) the applicable State Historic Preservation Officer or Tribal Historic Preservation Officer is notified of the final agency action; (II) the claim is filed by a party that has suffered or imminently will suffer direct harm from the agency action; and (III) in the case of an agency action for which there was a public comment period with respect to the agency action, the claim— (aa) is filed by a party that submitted a substantive and unique comment— (AA) during the public comment period by the noticed comment deadline; and (BB) that was sufficiently detailed to put the applicable Federal agency on notice of the issue for which the party seeks review; and (bb) concerns the same subject matter raised in the comment submitted during the public comment period. (ii) Application The requirements of subclauses (II) and (III) of clause (i) shall not apply with respect to a claim in which a State Historic Preservation Officer, Tribal Historic Preservation Officer, Indian tribe, Native Hawaiian organization, or local government has provided detailed notice in writing during the consultation process that— (I) puts the applicable Federal agency on notice of the agency action; and (II) sufficiently identifies any issues relating to that agency action for which the party seeks review under this paragraph. (iii) Supplemental findings documents (I) In general If an agency issues a supplemental findings document in response to a court order remanding an agency action, the deadline described in clause (i)(I) shall be the date on which the agency makes public the supplemental findings document. (II) Limitation A claim for review of an agency action described in subparagraph (B) shall be limited to information contained in the final supplemental findings document that was not contained in a previous findings document. (E) Procedural matters for claims (i) Original jurisdiction Except with respect to a claim brought under paragraph (5)(B)(iii), the courts of appeals of the United States shall have original and exclusive jurisdiction over a claim for review of an agency action described in subparagraph (B). (ii) Supplemental jurisdiction The courts of appeals of the United States shall have supplemental jurisdiction over other claims related to the validity of the final agency action at issue in the claim within the original jurisdiction of the court of appeals. (iii) Random assignment of cases To the maximum extent practicable, a court of appeals of the United States shall randomly assign judges appointed, designated, or assigned to sit as judges of the court to hear claims in a manner to avoid the appearance of favoritism or bias. (iv) Deadline for resolution A court of appeals of the United States shall render a final judgment with respect to a claim for review of an agency action described in subparagraph (B) as expeditiously as possible. (10) Challenges to programmatic agreements (A) In general A party that is not a signatory to a programmatic agreement entered into for purposes of this subsection may not bring a civil action to challenge the implementation of the programmatic agreement. (B) Judicial review No court shall have jurisdiction to hear or consider any action pertaining to the implementation of a programmatic agreement entered into for purposes of this subsection that is brought by a party described in subparagraph (A). (d) No post-Deadline requirement for reinitiation The identification of a property for, nomination of a property to, or listing of a property on the National Register after the date on which the head of the Federal agency initiates a review under this section shall not require the head of the Federal agency to delay, reopen, supplement, or otherwise modify the review or consultation process under this section.. (d) Conforming amendment Section 306114 of title 54, United States Code, is amended by striking the second sentence.