II 

116TH CONGRESS 

2D SESSION S. 4620 

To amend the National Environmental Policy Act of 1969 to impose time 

limits on the completion of certain required actions under the Act, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2020 

Mr. LEE introduced the following bill; which was read twice and referred to 

the Committee on Environment and Public Works 

A BILL 

To amend the National Environmental Policy Act of 1969 

to impose time limits on the completion of certain required actions under the Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘NEPA Accountability 

5 and Oversight Act of 2020’’. 

6 SEC. 2. NATIONAL ENVIRONMENTAL POLICY ACT 

7 TIMELINES. 

8 Title I of the National Environmental Policy Act of 

9 1969 is amended— 


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1 (1) by redesignating section 105 (42 U.S.C. 

2 4335) as section 106; and 

3 (2) by inserting after section 104 (42 U.S.C. 

4 4334) the following: 

5 ‘‘SEC. 105. APPLICABLE TIMELINES. 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.— 

8 The term ‘environmental impact statement’ means a 

9 detailed statement required under section 102(2)(C). 

10 ‘‘(2) FEDERAL AGENCY.—The term ‘Federal 

11 agency’ includes a State that has assumed responsi12 bility under section 327 of title 23, United States 

13 Code. 

14 ‘‘(3) HEAD OF A FEDERAL AGENCY.—The term 

15 ‘head of a Federal agency’ includes the governor or 

16 head of an applicable State agency of a State that 

17 has assumed responsibility under section 327 of title 

18 23, United States Code. 

19 ‘‘(4) NEPA PROCESS.— 

20 ‘‘(A) IN GENERAL.—The term ‘NEPA 

21 process’ means the entirety of every process, 

22 analysis, or other measure, including an envi23 ronmental impact statement, required to be car24 ried out by a Federal agency under this title be25 fore the agency undertakes a proposed action. 


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1 ‘‘(B) PERIOD.—For purposes of subpara2 graph (A), the NEPA process— 

3 ‘‘(i) begins on the date on which the 

4 head of a Federal agency receives an appli5 cation for a proposed action from a project 

6 sponsor; and 

7 ‘‘(ii) ends on the date on which the 

8 Federal agency issues, with respect to the 

9 proposed action— 

10 ‘‘(I) a record of decision, includ11 ing, if necessary, a revised record of 

12 decision; 

13 ‘‘(II) a finding of no significant 

14 impact; or 

15 ‘‘(III) a categorical exclusion 

16 under this title. 

17 ‘‘(5) PROJECT SPONSOR.—The term ‘project 

18 sponsor’ means a Federal agency or other entity, in19 cluding a private or public-private entity, that seeks 

20 approval of a proposed action. 

21 ‘‘(b) APPLICABLE TIMELINES.— 

22 ‘‘(1) NEPA PROCESS.— 

23 ‘‘(A) IN GENERAL.—The head of a Federal 

24 agency shall complete the NEPA process for a 

25 proposed action of the Federal agency, as deVerDate Sep 11 2014 02:28 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4620.IS S4620

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1 scribed in subsection (a)(4)(B)(ii), not later 

2 than 2 years after the date described in sub3 section (a)(4)(B)(i). 

4 ‘‘(B) ENVIRONMENTAL DOCUMENTS.— 

5 Within the period described in subparagraph 

6 (A), not later than 1 year after the date de7 scribed in subsection (a)(4)(B)(i), the head of 

8 the Federal agency shall, with respect to the 

9 proposed action— 

10 ‘‘(i) issue— 

11 ‘‘(I) a finding that a categorical 

12 exclusion applies to the proposed ac13 tion; or 

14 ‘‘(II) a finding of no significant 

15 impact; or 

16 ‘‘(ii) publish a notice of intent to pre17 pare an environmental impact statement in 

18 the Federal Register. 

19 ‘‘(C) ENVIRONMENTAL IMPACT STATE20 MENT.—If the head of a Federal agency pub21 lishes a notice of intent described in subpara22 graph (B)(ii), within the period described in 

23 subparagraph (A) and not later than 1 year 

24 after the date on which the head of the Federal 

25 agency publishes the notice of intent, the head 


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1 of the Federal agency shall complete the envi2 ronmental impact statement and, if necessary, 

3 any supplemental environmental impact state4 ment for the proposed action. 

5 ‘‘(2) AUTHORIZATIONS AND PERMITS.— 

6 ‘‘(A) IN GENERAL.—Not later than 90 

7 days after the date described in subsection 

8 (a)(4)(B)(ii), the head of a Federal agency shall 

9 issue— 

10 ‘‘(i) any necessary permit or author11 ization to carry out the proposed action; or 

12 ‘‘(ii) a denial of the permit or author13 ization necessary to carry out the proposed 

14 action. 

15 ‘‘(B) EFFECT OF FAILURE TO ISSUE AU16 THORIZATION OR PERMIT.—If a permit or au17 thorization described in subparagraph (A) is 

18 not issued or denied within the period described 

19 in that subparagraph, the permit or authoriza20 tion shall be considered to be approved. 

21 ‘‘(C) DENIAL OF PERMIT OR AUTHORIZA22 TION.— 

23 ‘‘(i) IN GENERAL.—If a permit or au24 thorization described in subparagraph (A) 


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1 is denied, the head of the Federal agency 

2 shall describe to the project sponsor— 

3 ‘‘(I) the basis of the denial; and 

4 ‘‘(II) recommendations for the 

5 project sponsor with respect to how to 

6 address the reasons for the denial. 

7 ‘‘(ii) RECOMMENDED CHANGES.—If 

8 the project sponsor carries out the rec9 ommendations of the head of the Federal 

10 agency under clause (i)(II) and notifies the 

11 head of the Federal agency that the rec12 ommendations have been carried out, the 

13 head of the Federal agency— 

14 ‘‘(I) shall decide whether to issue 

15 the permit or authorization described 

16 in subparagraph (A) not later than 90 

17 days after the date on which the 

18 project sponsor submitted the notifica19 tion; and 

20 ‘‘(II) shall not carry out the 

21 NEPA process with respect to the 

22 proposed action again.’’. 

Æ 


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