II 

118TH CONGRESS 

2D SESSION S. 5323 

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

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 14, 2024 

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 that 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 ‘‘Undoing NEPA’s Sub5 stantial Harm by Advancing Concepts that Kickstart the 

6 Liberation of the Economy Act’’ or the ‘‘UNSHACKLE 

7 Act’’. 


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1 SEC. 2. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 

2 MODIFICATIONS. 

3 (a) PROCESS REQUIREMENTS.—Section 107 of the 

4 National Environmental Policy Act of 1969 (42 U.S.C. 

5 4336a) is amended to read as follows: 

6 ‘‘SEC. 107. PROCESS REQUIREMENTS. 

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

8 ‘‘(1) FEDERAL AGENCY.—The term ‘Federal 

9 agency’ includes a State that has assumed the re10 sponsibility of a Federal agency under— 

11 ‘‘(A) section 109; or 

12 ‘‘(B) section 327 of title 23, United States 

13 Code. 

14 ‘‘(2) 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 the responsibility of a Federal agency 

18 under— 

19 ‘‘(A) section 109; or 

20 ‘‘(B) section 327 of title 23, United States 

21 Code. 

22 ‘‘(b) APPLICABLE TIMELINES.— 

23 ‘‘(1) NEPA PROCESS.— 

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

25 agency shall complete the NEPA process for a 

26 proposed action of the Federal agency, as deVerDate Sep 11 2014 01:54 Nov 15, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5323.IS S5323

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1 scribed in section 113(10)(B)(ii), not later than 

2 2 years after the date described in section 

3 113(10)(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 section 113(10)(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 ‘‘(D) PENALTIES.— 

6 ‘‘(i) DEFINITIONS.—In this subpara7 graph: 

8 ‘‘(I) DIRECTOR.—The term ‘Di9 rector’ means the Director of the Of10 fice of Management and Budget. 

11 ‘‘(II) FEDERAL AGENCY.—The 

12 term ‘Federal agency’ does not in13 clude a State. 

14 ‘‘(III) FINAL NEPA COMPLIANCE

15 DATE.—The term ‘final NEPA com16 pliance date’, with respect to a pro17 posed action, means the date by which 

18 the head of a Federal agency is re19 quired to complete the NEPA process 

20 under subparagraph (A). 

21 ‘‘(IV) HEAD OF A FEDERAL

22 AGENCY.—The term ‘head of a Fed23 eral agency’ does not include the gov24 ernor or head of a State agency of a 

25 State. 


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1 ‘‘(V) INITIAL EIS COMPLIANCE

2 DATE.—The term ‘initial EIS compli3 ance date’, with respect to a proposed 

4 action for which a Federal agency 

5 published a notice of intent described 

6 in subparagraph (B)(ii), means the 

7 date by which an environmental im8 pact statement for that proposed ac9 tion is required to be completed under 

10 subparagraph (C). 

11 ‘‘(VI) INITIAL NEPA COMPLIANCE

12 DATE.—The term ‘initial NEPA com13 pliance date’, with respect to a pro14 posed action, means the date by which 

15 the head of a Federal agency is re16 quired to issue or publish a document 

17 described in subparagraph (B) for 

18 that proposed action under that sub19 paragraph. 

20 ‘‘(VII) INITIAL NONCOMPLIANCE

21 DETERMINATION.—The term ‘initial 

22 noncompliance determination’ means 

23 a determination under clause 

24 (ii)(I)(bb) that the head of a Federal 

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1 quirements of subparagraph (A), (B), 

2 or (C). 

3 ‘‘(ii) INITIAL NONCOMPLIANCE.— 

4 ‘‘(I) DETERMINATION.— 

5 ‘‘(aa) NOTIFICATION.—As 

6 soon as practicable after the date 

7 described in section 

8 113(10)(B)(i) for a proposed ac9 tion of a Federal agency, the 

10 head of the Federal agency shall 

11 notify the Director that the head 

12 of the Federal agency is begin13 ning the NEPA process for that 

14 proposed action. 

15 ‘‘(bb) DETERMINATIONS OF

16 COMPLIANCE.— 

17 ‘‘(AA) INITIAL DETER18 MINATION.—As soon as 

19 practicable after the initial 

20 NEPA compliance date for a 

21 proposed action, the Direc22 tor shall determine whether, 

23 as of the initial NEPA com24 pliance date, the head of the 

25 Federal agency has complied 


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1 with subparagraph (B) for 

2 that proposed action. 

3 ‘‘(BB) ENVIRON4 MENTAL IMPACT STATE5 MENT.—With respect to a 

6 proposed action of a Federal 

7 agency in which the head of 

8 the Federal agency publishes 

9 a notice of intent described 

10 in subparagraph (B)(ii), as 

11 soon as practicable after the 

12 initial EIS compliance date 

13 for a proposed action, the 

14 Director shall determine 

15 whether, as of the initial 

16 EIS compliance date, the 

17 head of the Federal agency 

18 has complied with subpara19 graph (C) for that proposed 

20 action. 

21 ‘‘(CC) COMPLETION OF

22 NEPA PROCESS.—As soon as 

23 practicable after the final 

24 NEPA compliance date for a 

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1 tor shall determine whether, 

2 as of the final NEPA com3 pliance date, the head of the 

4 Federal agency has complied 

5 with subparagraph (A) for 

6 that proposed action. 

7 ‘‘(II) IDENTIFICATION; PENALTY; 

8 NOTIFICATION.—If the Director 

9 makes an initial noncompliance deter10 mination for a proposed action— 

11 ‘‘(aa) the Director shall 

12 identify the account for the sala13 ries and expenses of the office of 

14 the head of the Federal agency, 

15 or an equivalent account; 

16 ‘‘(bb) beginning on the day 

17 after the date on which the Di18 rector makes the initial non19 compliance determination, the 

20 amount that the head of the Fed21 eral agency may obligate from 

22 the account identified under item 

23 (aa) for the fiscal year during 

24 which the determination is made 

25 shall be reduced by 0.5 percent 


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1 from the amount initially made 

2 available for the account for that 

3 fiscal year; and 

4 ‘‘(cc) the Director shall no5 tify the head of the Federal 

6 agency of— 

7 ‘‘(AA) the initial non8 compliance determination; 

9 ‘‘(BB) the account 

10 identified under item (aa); 

11 and 

12 ‘‘(CC) the reduction 

13 under item (bb). 

14 ‘‘(iii) CONTINUED NONCOMPLIANCE.— 

15 ‘‘(I) DETERMINATION.—Every 

16 90 days after the date of an initial 

17 noncompliance determination, the Di18 rector shall determine whether the 

19 head of the Federal agency has com20 plied with the applicable requirements 

21 of subparagraphs (A) through (C) for 

22 the proposed action, until the date on 

23 which the Director determines that 

24 the head of the Federal agency has 


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1 completed the NEPA process for the 

2 proposed action. 

3 ‘‘(II) PENALTY; NOTIFICATION.— 

4 For each determination made by the 

5 Director under subclause (I) that the 

6 head of a Federal agency has not 

7 complied with a requirement of sub8 paragraph (A), (B), or (C) for a pro9 posed action— 

10 ‘‘(aa) the amount that the 

11 head of the Federal agency may 

12 obligate from the account identi13 fied under clause (ii)(II)(aa) for 

14 the fiscal year during which the 

15 most recent determination under 

16 subclause (I) is made shall be re17 duced by 0.5 percent from the 

18 amount initially made available 

19 for the account for that fiscal 

20 year; and 

21 ‘‘(bb) the Director shall no22 tify the head of the Federal 

23 agency of— 


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1 ‘‘(AA) the determina2 tion under subclause (I); 

3 and 

4 ‘‘(BB) the reduction 

5 under item (aa). 

6 ‘‘(iv) REQUIREMENTS.— 

7 ‘‘(I) AMOUNTS NOT RESTORED.— 

8 A reduction in the amount that the 

9 head of a Federal agency may obligate 

10 under clause (ii)(II)(bb) or 

11 (iii)(II)(aa) during a fiscal year shall 

12 not be restored for that fiscal year, 

13 without regard to whether the head of 

14 a Federal agency completes the 

15 NEPA process for the proposed action 

16 with respect to which the Director 

17 made an initial noncompliance deter18 mination or a determination under 

19 clause (iii)(I). 

20 ‘‘(II) REQUIRED TIMELINES.— 

21 The violation of subparagraph (B) or 

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1 cable compliance date under subpara2 graph (A), (B), or (C). 

3 ‘‘(E) UNEXPECTED CIRCUMSTANCES.—If, 

4 while carrying out a proposed action after the 

5 completion of the NEPA process for that pro6 posed action, a Federal agency or project spon7 sor encounters a new or unexpected cir8 cumstance or condition that may require the re9 evaluation of the proposed action under this 

10 title, the head of the Federal agency with re11 sponsibility for carrying out the NEPA process 

12 for the proposed action shall— 

13 ‘‘(i) consider whether mitigating the 

14 new or unexpected circumstance or condi15 tion is sufficient to avoid significant effects 

16 that may result from the circumstance or 

17 condition; and 

18 ‘‘(ii) if the head of the Federal agency 

19 determines under clause (i) that the sig20 nificant effects that result from the cir21 cumstance or condition can be avoided, 

22 mitigate the circumstance or condition 

23 without carrying out the NEPA process 

24 again. 

25 ‘‘(2) AUTHORIZATIONS AND PERMITS.— 


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

2 days after the date described in section 

3 113(10)(B)(ii), the head of a Federal agency 

4 shall issue— 

5 ‘‘(i) any necessary permit or author6 ization to carry out the proposed action; or 

7 ‘‘(ii) a denial of the permit or author8 ization necessary to carry out the proposed 

9 action. 

10 ‘‘(B) EFFECT OF FAILURE TO ISSUE AU11 THORIZATION OR PERMIT.—If a permit or au12 thorization described in subparagraph (A) is 

13 not issued or denied within the period described 

14 in that subparagraph, the permit or authoriza15 tion shall be considered to be approved. 

16 ‘‘(C) REIMBURSEMENT OF APPLICATION

17 FEES.— 

18 ‘‘(i) IN GENERAL.—If a permit or au19 thorization described in subparagraph (A) 

20 is not issued or denied within the period 

21 described in that subparagraph, the head 

22 of the Federal agency shall reimburse the 

23 project sponsor for all applicable applica24 tion fees associated with the applicable 

25 proposed action. 


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1 ‘‘(ii) EFFECT.—If application fees are 

2 reimbursed to a project sponsor under 

3 clause (i), that reimbursement shall not af4 fect the disposition of the application for 

5 the proposed action. 

6 ‘‘(D) DENIAL OF PERMIT OR AUTHORIZA7 TION.— 

8 ‘‘(i) IN GENERAL.—If a permit or au9 thorization described in subparagraph (A) 

10 is denied, the head of the Federal agency 

11 shall describe to the project sponsor— 

12 ‘‘(I) the basis of the denial; and 

13 ‘‘(II) recommendations for the 

14 project sponsor with respect to how to 

15 address the reasons for the denial. 

16 ‘‘(ii) RECOMMENDED CHANGES.—If 

17 the project sponsor carries out the rec18 ommendations of the head of the Federal 

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

20 head of the Federal agency that the rec21 ommendations have been carried out, the 

22 head of the Federal agency— 

23 ‘‘(I) shall decide whether to issue 

24 the permit or authorization described 

25 in subparagraph (A) not later than 90 


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1 days after date on which the project 

2 sponsor submitted the notification; 

3 and 

4 ‘‘(II) shall not carry out the 

5 NEPA process with respect to the 

6 proposed action again. 

7 ‘‘(c) PROHIBITIONS.—In carrying out the NEPA 

8 process, the head of a Federal agency may not— 

9 ‘‘(1) consider whether a proposed action or an 

10 alternative to the proposed action considered by the 

11 head of the Federal agency, including the design, en12 vironmental impact, mitigation measures, or adapta13 tion measures of the proposed action or alternative 

14 to the proposed action, has an effect on climate 

15 change; 

16 ‘‘(2) with respect to a proposed action or an al17 ternative to the proposed action considered by the 

18 head of the Federal agency, consider the effects of 

19 the emission of greenhouse gases on climate change; 

20 ‘‘(3) consider an alternative to the proposed ac21 tion if the proposed action is not technically or eco22 nomically feasible to the project sponsor; or 

23 ‘‘(4) consider an alternative to the proposed ac24 tion that is not within the jurisdiction of the Federal 

25 agency. 


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1 ‘‘(d) ENVIRONMENTAL DOCUMENTS.— 

2 ‘‘(1) EIS REQUIRED.—In carrying out the 

3 NEPA process for a proposed action that requires 

4 the preparation of an environmental impact state5 ment, the head of a Federal agency shall produce for 

6 the proposed action not more than 1— 

7 ‘‘(A) environmental impact statement; 

8 ‘‘(B) if necessary, environmental assess9 ment; and 

10 ‘‘(C) record of decision. 

11 ‘‘(2) EIS NOT REQUIRED.—In carrying out the 

12 NEPA process for a proposed action that does not 

13 require the preparation of an environmental impact 

14 statement, the head of a Federal agency shall 

15 produce for the proposed action not more than 1— 

16 ‘‘(A) environmental assessment; or 

17 ‘‘(B) finding of no significant impact. 

18 ‘‘(3) REQUEST FOR PUBLIC COMMENT.—Each 

19 notice of intent to prepare an environmental impact 

20 statement under section 102 shall include a request 

21 for public comment on alternatives or impacts and 

22 on relevant information, studies, or analyses with re23 spect to the proposed agency action. 

24 ‘‘(4) STATEMENT OF PURPOSE AND NEED.— 

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1 ment of purpose and need that briefly summarizes 

2 the underlying purpose and need for the proposed 

3 agency action. 

4 ‘‘(5) PAGE LIMITS.— 

5 ‘‘(A) ENVIRONMENTAL IMPACT STATE6 MENTS.— 

7 ‘‘(i) IN GENERAL.—Except as pro8 vided in clause (ii), an environmental im9 pact statement shall not exceed 150 pages, 

10 not including any citations or appendices. 

11 ‘‘(ii) EXTRAORDINARY COM12 PLEXITY.—An environmental impact state13 ment for a proposed agency action of ex14 traordinary complexity shall not exceed 

15 300 pages, not including any citations or 

16 appendices. 

17 ‘‘(B) ENVIRONMENTAL ASSESSMENTS.— 

18 An environmental assessment shall not exceed 

19 75 pages, not including any citations or appen20 dices. 

21 ‘‘(6) SPONSOR PREPARATION.— 

22 ‘‘(A) IN GENERAL.—A lead agency shall 

23 prescribe procedures to allow a project sponsor 

24 to prepare an environmental assessment or an 

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1 pervision of the lead agency, and the lead agen2 cy may provide the project sponsor with appro3 priate guidance and assist in the preparation. 

4 ‘‘(B) INDEPENDENT REVIEW.—If a lead 

5 agency allows a project sponsor to prepare an 

6 environmental assessment or environmental im7 pact statement under subparagraph (A), the 

8 lead agency shall independently evaluate the en9 vironmental document and take responsibility 

10 for the contents of that environmental docu11 ment. 

12 ‘‘(e) REUSE OF WORK; DOCUMENTS PREPARED BY

13 QUALIFIED 3RD PARTIES.— 

14 ‘‘(1) IN GENERAL.—In carrying out the NEPA 

15 process for a proposed action— 

16 ‘‘(A) subject to paragraph (2), the head of 

17 a Federal agency shall— 

18 ‘‘(i) use any applicable findings and 

19 research from a prior NEPA process of 

20 any Federal agency; and 

21 ‘‘(ii) incorporate the findings and re22 search described in clause (i) into any ap23 plicable analysis under the NEPA process; 

24 and 


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1 ‘‘(B) a Federal agency may adopt as an 

2 environmental impact statement, environmental 

3 assessment, or other environmental document 

4 to achieve compliance with this title— 

5 ‘‘(i) an environmental document pre6 pared under the law of the applicable State 

7 if the head of the Federal agency deter8 mines that the environmental laws of the 

9 applicable State— 

10 ‘‘(I) provide the same level of en11 vironmental analysis as the analysis 

12 required under this title; and 

13 ‘‘(II) allow for the opportunity of 

14 public comment; or 

15 ‘‘(ii) subject to paragraph (3), an en16 vironmental document prepared by a quali17 fied third party chosen by the project spon18 sor, at the expense of the project sponsor, 

19 if the head of the Federal agency— 

20 ‘‘(I) provides oversight of the 

21 preparation of the environmental doc22 ument by the third party; and 

23 ‘‘(II) independently evaluates the 

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1 pliance of the environmental document 

2 with this title. 

3 ‘‘(2) REQUIREMENT FOR THE REUSE OF FIND4 INGS AND RESEARCH.—The head of a Federal agen5 cy may reuse the applicable findings and research 

6 described in paragraph (1)(A) if— 

7 ‘‘(A)(i) the project for which the head of 

8 the Federal agency is seeking to reuse the find9 ings and research was in close geographic prox10 imity to the proposed action; and 

11 ‘‘(ii) the head of the Federal agency deter12 mines that the conditions under which the ap13 plicable findings and research were issued have 

14 not substantially changed; or 

15 ‘‘(B)(i) the project for which the head of 

16 the Federal agency is seeking to reuse the find17 ings and research was not in close geographic 

18 proximity to the proposed action; and 

19 ‘‘(ii) the head of the Federal agency deter20 mines that the proposed action has similar 

21 issues or decisions as the project. 

22 ‘‘(3) REQUIREMENTS FOR CREATION OF ENVI23 RONMENTAL DOCUMENT BY QUALIFIED 3RD PAR24 TIES.— 


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1 ‘‘(A) IN GENERAL.—A qualified third 

2 party may prepare an environmental document 

3 intended to be adopted by a Federal agency as 

4 the environmental impact statement, environ5 mental assessment, or other environmental doc6 ument for a proposed action under paragraph 

7 (1)(B)(ii) if— 

8 ‘‘(i) the project sponsor submits a 

9 written request to the head of the applica10 ble Federal agency that the head of the 

11 Federal agency approve the qualified third 

12 party to create the document intended to 

13 be adopted by a Federal agency as the en14 vironmental impact statement, environ15 mental assessment, or other environmental 

16 document; and 

17 ‘‘(ii) the head of the Federal agency 

18 determines that— 

19 ‘‘(I) the third party is qualified 

20 to prepare the document; and 

21 ‘‘(II) the third party has no fi22 nancial or other interest in the out23 come of the proposed action. 

24 ‘‘(B) DEADLINE.—The head of a Federal 

25 agency that receives a written request under 


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1 subparagraph (A)(i) shall issue a written deci2 sion approving or denying the request not later 

3 than 30 days after the date on which the writ4 ten request is received. 

5 ‘‘(C) NO PRIOR WORK.—The head of a 

6 Federal agency may not adopt an environ7 mental document under paragraph (1)(B)(ii) if 

8 the qualified third party began preparing the 

9 document prior to the date on which the head 

10 of the Federal agency issues the written deci11 sion under subparagraph (B) approving the re12 quest. 

13 ‘‘(D) DENIALS.—If the head of a Federal 

14 agency issues a written decision denying the re15 quest under subparagraph (A)(i), the head of 

16 the Federal agency shall submit to the project 

17 sponsor with the written decision the findings 

18 that served as the basis of the denial. 

19 ‘‘(f) MULTI-AGENCY PROJECTS.— 

20 ‘‘(1) DEFINITIONS.—In this subsection: 

21 ‘‘(A) COOPERATING AGENCY.—The term 

22 ‘cooperating agency’ means a Federal agency 

23 involved in a proposed action that— 

24 ‘‘(i) is not the lead agency; and 


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1 ‘‘(ii) has the jurisdiction or special ex2 pertise such that the Federal agency needs 

3 to be consulted— 

4 ‘‘(I) to use a categorical exclu5 sion; or 

6 ‘‘(II) to prepare an environ7 mental assessment or environmental 

8 impact statement, as applicable. 

9 ‘‘(B) LEAD AGENCY.—The term ‘lead 

10 agency’ means the Federal agency selected 

11 under paragraph (2)(A). 

12 ‘‘(2) AGENCY DESIGNATION.— 

13 ‘‘(A) LEAD AGENCY.—In carrying out the 

14 NEPA process for a proposed action that re15 quires authorization from multiple Federal 

16 agencies, the heads of the applicable Federal 

17 agencies shall determine the lead agency for the 

18 proposed action. 

19 ‘‘(B) INVITATION.—The head of the lead 

20 agency may invite any relevant State, local, or 

21 Tribal agency with Federal authorization deci22 sion responsibility to be a cooperating agency. 

23 ‘‘(3) RESPONSIBILITIES OF LEAD AGENCY.— 

24 The lead agency for a proposed action shall— 


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1 ‘‘(A) as soon as practicable and in con2 sultation with the cooperating agencies, deter3 mine whether a proposed action requires the 

4 preparation of an environmental impact state5 ment; and 

6 ‘‘(B) if the head of the lead agency deter7 mines under subparagraph (A) that an environ8 mental impact statement is necessary— 

9 ‘‘(i) be responsible for coordinating 

10 the preparation of an environmental im11 pact statement; 

12 ‘‘(ii) provide cooperating agencies with 

13 an opportunity to review and contribute to 

14 the preparation of the environmental im15 pact statement and environmental assess16 ment, as applicable, of the proposed action, 

17 except that the cooperating agency shall 

18 limit comments to issues within the special 

19 expertise or jurisdiction of the cooperating 

20 agency; and 

21 ‘‘(iii) subject to subsection (c), as 

22 soon as practicable and in consultation 

23 with the cooperating agencies, determine 

24 the range of alternatives to be considered 

25 for the proposed action. 


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1 ‘‘(4) ENVIRONMENTAL DOCUMENTS.—In car2 rying out the NEPA process for a proposed action, 

3 the lead agency shall prepare not more than 1 of 

4 each type of document described in paragraph (1) or 

5 (2) of subsection (d), as applicable— 

6 ‘‘(A) in consultation with cooperating 

7 agencies; and 

8 ‘‘(B) for all applicable Federal agencies. 

9 ‘‘(5) PROHIBITIONS.— 

10 ‘‘(A) IN GENERAL.—A cooperating agency 

11 may not evaluate an alternative to the proposed 

12 action that has not been determined to be with13 in the range of alternatives considered under 

14 paragraph (3)(B)(iii). 

15 ‘‘(B) OMISSION.—If a cooperating agency 

16 submits to the lead agency an evaluation of an 

17 alternative that does not meet the requirements 

18 of subsection (c), the lead agency shall omit the 

19 alternative from the environmental impact 

20 statement. 

21 ‘‘(g) REPORTS.— 

22 ‘‘(1) NEPA DATA.— 

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

24 Federal agency that carries out the NEPA 

25 process shall carry out a process to track, and 


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1 annually submit to Congress a report con2 taining, the information described in subpara3 graph (B). 

4 ‘‘(B) INFORMATION DESCRIBED.—The in5 formation referred to in subparagraph (A) is, 

6 with respect to the Federal agency issuing the 

7 report under that subparagraph— 

8 ‘‘(i) the number of proposed actions 

9 for which a categorical exclusion was 

10 issued during the reporting period; 

11 ‘‘(ii) the length of time the Federal 

12 agency took to issue the categorical exclu13 sions described in clause (i); 

14 ‘‘(iii) the number of proposed actions 

15 pending on the date on which the report is 

16 submitted for which the issuance of a cat17 egorical exclusion is pending; 

18 ‘‘(iv) the number of proposed actions 

19 for which an environmental assessment 

20 was issued during the reporting period; 

21 ‘‘(v) the length of time the Federal 

22 agency took to complete each environ23 mental assessment described in clause (iv); 

24 ‘‘(vi) the number of proposed actions 

25 pending on the date on which the report is 


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1 submitted for which an environmental as2 sessment is being drafted; 

3 ‘‘(vii) the number of proposed actions 

4 for which an environmental impact state5 ment was issued during the reporting pe6 riod; 

7 ‘‘(viii) the length of time the Federal 

8 agency took to complete each environ9 mental impact statement described in 

10 clause (vii); and 

11 ‘‘(ix) the number of proposed actions 

12 pending on the date on which the report is 

13 submitted for which an environmental im14 pact statement is being drafted. 

15 ‘‘(2) NEPA COSTS.— 

16 ‘‘(A) IN GENERAL.—Not later than 1 year 

17 after the date of enactment of the 

18 UNSHACKLE Act, the Chair of the Council 

19 and the Director of the Office of Management 

20 and Budget shall jointly develop a methodology 

21 to assess the comprehensive costs of the NEPA 

22 process. 

23 ‘‘(B) REQUIREMENTS.—The head of each 

24 Federal agency that carries out the NEPA 

25 process shall— 


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1 ‘‘(i) adopt the methodology developed 

2 under subparagraph (A); and 

3 ‘‘(ii) use the methodology developed 

4 under subparagraph (A) to annually sub5 mit to Congress a report describing— 

6 ‘‘(I) the comprehensive cost of 

7 the NEPA process for each proposed 

8 action that was carried out within the 

9 reporting period; and 

10 ‘‘(II) for a proposed action for 

11 which the head of the Federal agency 

12 is still completing the NEPA process 

13 at the time the report is submitted— 

14 ‘‘(aa) the amount of money 

15 expended to date to carry out the 

16 NEPA process for the proposed 

17 action; and 

18 ‘‘(bb) an estimate of the re19 maining costs before the NEPA 

20 process for the proposed action is 

21 complete. 

22 ‘‘(h) JUDICIAL REVIEW.— 

23 ‘‘(1) STANDING.—Notwithstanding any other 

24 provision of law, a plaintiff may only bring a claim 

25 arising under Federal law seeking judicial review of 


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•S 5323 IS

1 a portion of the NEPA process if the plaintiff pleads 

2 facts that allege that the plaintiff has personally suf3 fered, or will likely personally suffer, a direct, tan4 gible harm as a result of the portion of the NEPA 

5 process for which the plaintiff is seeking review. 

6 ‘‘(2) STATUTE OF LIMITATIONS.— 

7 ‘‘(A) IN GENERAL.—Notwithstanding any 

8 other provision of law and except as provided in 

9 subparagraph (B)(ii), a claim arising under 

10 Federal law seeking judicial review of any por11 tion of the NEPA process shall be barred un12 less it is filed not later than the earlier of— 

13 ‘‘(i) 150 days after the final agency 

14 action under the NEPA process has been 

15 taken; and 

16 ‘‘(ii) if applicable, an earlier date after 

17 which judicial review is barred that is spec18 ified in the Federal law pursuant to which 

19 the judicial review is allowed. 

20 ‘‘(B) NEW INFORMATION.— 

21 ‘‘(i) CONSIDERATION.—A Federal 

22 agency shall consider for the purpose of a 

23 supplemental environmental impact state24 ment new information received after the 

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•S 5323 IS

1 tion satisfies the requirements for a sup2 plemental environmental impact statement 

3 under the regulations of the Federal agen4 cy. 

5 ‘‘(ii) STATUTE OF LIMITATIONS

6 BASED ON NEW INFORMATION.—If a sup7 plemental environmental impact statement 

8 is required under the regulations of a Fed9 eral agency, a claim for judicial review of 

10 the supplemental environmental impact 

11 statement shall be barred unless it is filed 

12 not later than the earlier of— 

13 ‘‘(I) 150 days after the publica14 tion of a notice in the Federal Reg15 ister that the supplemental environ16 mental impact statement is final; and 

17 ‘‘(II) if applicable, an earlier date 

18 after which judicial review is barred 

19 that is specified in the Federal law 

20 pursuant to which the judicial review 

21 is allowed. 

22 ‘‘(C) SAVINGS CLAUSE.—Nothing in this 

23 paragraph creates a right to judicial review. 

24 ‘‘(3) REMEDIES.— 


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•S 5323 IS

1 ‘‘(A) PRELIMINARY INJUNCTIONS AND

2 TEMPORARY RESTRAINING ORDERS.— 

3 ‘‘(i) IN GENERAL.—Subject to clause 

4 (ii), in a motion for a temporary restrain5 ing order or preliminary injunction against 

6 a Federal agency or project sponsor in a 

7 claim arising under Federal law seeking ju8 dicial review of any portion of the NEPA 

9 process, the plaintiff shall establish by 

10 clear and convincing evidence that— 

11 ‘‘(I) the plaintiff is likely to suc12 ceed on the merits; 

13 ‘‘(II) the plaintiff is likely to suf14 fer irreparable harm in the absence of 

15 the temporary restraining order or 

16 preliminary injunction, as applicable; 

17 ‘‘(III) the balance of equities is 

18 tipped in the favor of the plaintiff; 

19 and 

20 ‘‘(IV) the temporary restraining 

21 order or preliminary injunction is in 

22 the public interest. 

23 ‘‘(ii) ADDITIONAL REQUIREMENTS.— 

24 A court may not grant a motion described 

25 in clause (i) unless the court— 


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•S 5323 IS

1 ‘‘(I) makes a finding of extraor2 dinary circumstances that warrant the 

3 granting of the motion; 

4 ‘‘(II) considers the potential ef5 fects on public health, safety, and the 

6 environment, and the potential for sig7 nificant negative effects on jobs re8 sulting from granting the motion; and 

9 ‘‘(III) notwithstanding any other 

10 provision of law, applies the require11 ments of Rule 65(c) of the Federal 

12 Rules of Civil Procedure. 

13 ‘‘(B) PERMANENT INJUNCTIONS.— 

14 ‘‘(i) IN GENERAL.—Subject to clause 

15 (ii), in a motion for a permanent injunc16 tion against a Federal agency or project 

17 sponsor a claim arising under Federal law 

18 seeking judicial review of any portion of 

19 the NEPA process, the plaintiff shall es20 tablish by clear and convincing evidence 

21 that— 

22 ‘‘(I) the plaintiff has suffered an 

23 irreparable injury; 

24 ‘‘(II) remedies available at law, 

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•S 5323 IS

1 adequate to compensate for the in2 jury; 

3 ‘‘(III) considering the balance of 

4 hardship between the plaintiff and de5 fendant, a remedy in equity is war6 ranted; 

7 ‘‘(IV) the public interest is not 

8 disserved by a permanent injunction; 

9 and 

10 ‘‘(V) if the error or omission of a 

11 Federal agency in a statement re12 quired under this title is the grounds 

13 for which the plaintiff is seeking judi14 cial review, the error or omission is 

15 likely to result in specific, irreparable 

16 damage to the environment. 

17 ‘‘(ii) ADDITIONAL SHOWING.—A court 

18 may not grant a motion described in clause 

19 (i) unless— 

20 ‘‘(I) the court makes a finding 

21 that extraordinary circumstances exist 

22 that warrant the granting of the mo23 tion; and 

24 ‘‘(II) the permanent injunction 

25 is— 


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•S 5323 IS

1 ‘‘(aa) as narrowly tailored as 

2 possible to correct the injury; and 

3 ‘‘(bb) the least intrusive 

4 means necessary to correct the 

5 injury.’’. 

6 (b) OTHER REFORMS.—Title I of the National Envi7 ronmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) 

8 is amended— 

9 (1) by redesignating sections 108 through 111 

10 as sections 110 through 113, respectively; and 

11 (2) by inserting after section 107 the following: 

12 ‘‘SEC. 108. EPA REVIEW. 

13 ‘‘(a) DEFINITION OF FEDERAL AGENCY.—In this 

14 section, the term ‘Federal agency’ includes a State that 

15 has assumed the responsibility of a Federal agency 

16 under— 

17 ‘‘(1) section 109; or 

18 ‘‘(2) section 327 of title 23, United States 

19 Code. 

20 ‘‘(b) EPA COMMENTS.—The Administrator of the 

21 Environmental Protection Agency (referred to in this sec22 tion as the ‘Administrator’) may comment on a draft or 

23 final submission of an environmental impact statement 

24 from any Federal agency. 


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•S 5323 IS

1 ‘‘(c) TECHNICAL ASSISTANCE.—The Administrator 

2 may, on request of a Federal agency preparing a draft 

3 or final environmental impact statement, provide technical 

4 assistance in the completion of that environmental impact 

5 statement. 

6 ‘‘SEC. 109. PROJECT DELIVERY PROGRAMS. 

7 ‘‘(a) DEFINITION OF AGENCY PROGRAM.—In this 

8 section, the term ‘agency program’ means a project deliv9 ery program established by a Federal agency under sub10 section (b)(1). 

11 ‘‘(b) ESTABLISHMENT.— 

12 ‘‘(1) IN GENERAL.—The head of each Federal 

13 agency, including the Secretary of Transportation, 

14 shall carry out a project delivery program. 

15 ‘‘(2) ASSUMPTION OF RESPONSIBILITY.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), the head of each Federal agency 

18 shall, on request of a State, enter into a written 

19 agreement with the State, which may be in the 

20 form of a memorandum of understanding, in 

21 which the head of each Federal agency may as22 sign, and the State may assume, the respon23 sibilities of the head of the Federal agency 

24 under this title with respect to 1 or more 


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•S 5323 IS

1 projects within the State that are under the ju2 risdiction of the Federal agency. 

3 ‘‘(B) EXCEPTION.—The head of a Federal 

4 agency shall not enter into a written agreement 

5 under subparagraph (A) if the head of the Fed6 eral agency determines that the State is not in 

7 compliance with the requirements described in 

8 subsection (c)(4). 

9 ‘‘(C) ADDITIONAL RESPONSIBILITY.—If a 

10 State assumes responsibility under subpara11 graph (A)— 

12 ‘‘(i) the head of the Federal agency 

13 may assign to the State, and the State 

14 may assume, all or part of the responsibil15 ities of the head of the Federal agency for 

16 environmental review, consultation, or 

17 other action required under any Federal 

18 environmental law pertaining to the review 

19 or approval of a specific project; 

20 ‘‘(ii) at the request of the State, the 

21 head of the Federal agency may also as22 sign to the State, and the State may as23 sume, the responsibilities of the head of 

24 the Federal agency under this title with re25 spect to 1 or more projects within the 


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•S 5323 IS

1 State that are under the jurisdiction of the 

2 Federal agency; but 

3 ‘‘(iii) the head of the Federal agency 

4 may not assign responsibility for any con5 formity determination required under sec6 tion 176 of the Clean Air Act (42 U.S.C. 

7 7506). 

8 ‘‘(D) PROCEDURAL AND SUBSTANTIVE RE9 QUIREMENTS.—A State shall assume responsi10 bility under this section subject to the same 

11 procedural and substantive requirements as 

12 would apply if that responsibility were carried 

13 out by the Federal agency. 

14 ‘‘(E) FEDERAL RESPONSIBILITY.—Any re15 sponsibility of a Federal agency not explicitly 

16 assumed by the State by written agreement 

17 under subparagraph (A) shall remain the re18 sponsibility of the Federal agency. 

19 ‘‘(F) NO EFFECT ON AUTHORITY.—Noth20 ing in this section preempts or interferes with 

21 any power, jurisdiction, responsibility, or au22 thority of an agency, other than the Federal 

23 agency for which the written agreement applies, 

24 under applicable law (including regulations) 

25 with respect to a project. 


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•S 5323 IS

1 ‘‘(G) PRESERVATION OF FLEXIBILITY.— 

2 The head of the Federal agency may not re3 quire a State, as a condition of participation in 

4 the agency program of the Federal agency, to 

5 forego project delivery methods that are other6 wise permissible for projects under applicable 

7 law. 

8 ‘‘(H) LEGAL FEES.—A State assuming the 

9 responsibilities of a Federal agency under this 

10 section for a specific project may use funds 

11 awarded to the State for that project for attor12 neys’ fees directly attributable to eligible activi13 ties associated with the project. 

14 ‘‘(c) STATE PARTICIPATION.— 

15 ‘‘(1) PARTICIPATING STATES.—Except as pro16 vided in subsection (b)(2)(B), all States are eligible 

17 to participate in an agency program. 

18 ‘‘(2) APPLICATION.—Not later than 270 days 

19 after the date of enactment of the UNSHACKLE 

20 Act, the head of each Federal agency shall amend, 

21 as appropriate, regulations that establish require22 ments relating to information required to be con23 tained in any application of a State to participate in 

24 the agency program, including, at a minimum— 


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•S 5323 IS

1 ‘‘(A) the projects or classes of projects for 

2 which the State anticipates exercising the au3 thority that may be granted under the agency 

4 program; 

5 ‘‘(B) verification of the financial resources 

6 necessary to carry out the authority that may 

7 be granted under the agency program; and 

8 ‘‘(C) evidence of the notice and solicitation 

9 of public comment by the State relating to par10 ticipation of the State in the agency program, 

11 including copies of comments received from that 

12 solicitation. 

13 ‘‘(3) PUBLIC NOTICE.— 

14 ‘‘(A) IN GENERAL.—Each State that sub15 mits an application under this subsection shall 

16 give notice of the intent of the State to partici17 pate in an agency program not later than 30 

18 days before the date of submission of the appli19 cation. 

20 ‘‘(B) METHOD OF NOTICE AND SOLICITA21 TION.—The State shall provide notice and so22 licit public comment under this paragraph by 

23 publishing the complete application of the State 

24 in accordance with the appropriate public notice 

25 law of the State. 


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•S 5323 IS

1 ‘‘(4) SELECTION CRITERIA.—The head of a 

2 Federal agency may approve the application of a 

3 State under this section only if— 

4 ‘‘(A) the regulatory requirements under 

5 paragraph (2) have been met; 

6 ‘‘(B) the head of the Federal agency deter7 mines that the State has the capability, includ8 ing financial and personnel, to assume the re9 sponsibility; and 

10 ‘‘(C) the head of the State agency having 

11 primary jurisdiction over the project enters into 

12 a written agreement with the head of the Fed13 eral agency as described in subsection (d). 

14 ‘‘(5) OTHER FEDERAL AGENCY VIEWS.—If a 

15 State applies to assume a responsibility of the Fed16 eral agency that would have required the head of the 

17 Federal agency to consult with the head of another 

18 Federal agency, the head of the Federal agency shall 

19 solicit the views of the head of the other Federal 

20 agency before approving the application. 

21 ‘‘(d) WRITTEN AGREEMENT.—A written agreement 

22 under subsection (b)(2)(A) shall— 

23 ‘‘(1) be executed by the Governor or the top24 ranking official in the State who is charged with re25 sponsibility for the project; 


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•S 5323 IS

1 ‘‘(2) be in such form as the head of the Federal 

2 agency may prescribe; 

3 ‘‘(3) provide that the State— 

4 ‘‘(A) agrees to assume all or part of the re5 sponsibilities of the Federal agency described in 

6 subparagraphs (A) and (C) of subsection (b)(2); 

7 ‘‘(B) expressly consents, on behalf of the 

8 State, to accept the jurisdiction of the Federal 

9 courts for the compliance, discharge, and en10 forcement of any responsibility of the Federal 

11 agency assumed by the State; 

12 ‘‘(C) certifies that State laws (including 

13 regulations) are in effect that— 

14 ‘‘(i) authorize the State to take the 

15 actions necessary to carry out the respon16 sibilities being assumed; and 

17 ‘‘(ii) are comparable to section 552 of 

18 title 5, United States Code, including pro19 viding that any decision regarding the pub20 lic availability of a document under those 

21 State laws is reviewable by a court of com22 petent jurisdiction; and 

23 ‘‘(D) agrees to maintain the financial re24 sources necessary to carry out the responsibil25 ities being assumed; 


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•S 5323 IS

1 ‘‘(4) require the State to provide to the head of 

2 the Federal agency any information the head of the 

3 Federal agency reasonably considers necessary to en4 sure that the State is adequately carrying out the 

5 responsibilities assigned to the State; 

6 ‘‘(5) have a term of not more than 5 years; and 

7 ‘‘(6) be renewable. 

8 ‘‘(e) JURISDICTION.— 

9 ‘‘(1) IN GENERAL.—The United States district 

10 courts shall have exclusive jurisdiction over any civil 

11 action against a State for failure to carry out any 

12 responsibility of the State under this section. 

13 ‘‘(2) LEGAL STANDARDS AND REQUIRE14 MENTS.—A civil action under paragraph (1) shall be 

15 governed by the legal standards and requirements 

16 that would apply in such a civil action against the 

17 head of a Federal agency had the head of the Fed18 eral agency taken the actions in question. 

19 ‘‘(3) INTERVENTION.—The head of a Federal 

20 agency shall have the right to intervene in any ac21 tion described in paragraph (1). 

22 ‘‘(f) EFFECT OF ASSUMPTION OF RESPONSI23 BILITY.—A State that assumes responsibility under sub24 section (b)(2) shall be solely responsible and solely liable 

25 for carrying out, in lieu of and without further approval 


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•S 5323 IS

1 of the head of the Federal agency, the responsibilities as2 sumed under subsection (b)(2), until the agency program 

3 is terminated under subsection (k). 

4 ‘‘(g) LIMITATIONS ON AGREEMENTS.—Nothing in 

5 this section permits a State to assume any rulemaking au6 thority of the head of a Federal agency under any Federal 

7 law. 

8 ‘‘(h) AUDITS.— 

9 ‘‘(1) IN GENERAL.—To ensure compliance by a 

10 State with any agreement of the State under sub11 section (d) (including compliance by the State with 

12 all Federal laws for which responsibility is assumed 

13 under subsection (b)(2)), for each State partici14 pating in an agency program, the head of a Federal 

15 agency shall— 

16 ‘‘(A) not later than 180 days after the date 

17 of execution of the agreement, meet with the 

18 State to review implementation of the agree19 ment and discuss plans for the first annual 

20 audit; 

21 ‘‘(B) conduct annual audits during each of 

22 the first 4 years of State participation; and 

23 ‘‘(C) ensure that the time period for com24 pleting an annual audit, from initiation to com25 pletion (including public comment and reVerDate Sep 11 2014 01:54 Nov 15, 2024 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S5323.IS S5323

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•S 5323 IS

1 sponses to those comments), does not exceed 

2 180 days. 

3 ‘‘(2) PUBLIC AVAILABILITY AND COMMENT.— 

4 ‘‘(A) IN GENERAL.—An audit conducted 

5 under paragraph (1) shall be provided to the 

6 public for comment. 

7 ‘‘(B) RESPONSE.—Not later than 60 days 

8 after the date on which the period for public 

9 comment ends, the head of the Federal agency 

10 shall respond to public comments received 

11 under subparagraph (A). 

12 ‘‘(3) AUDIT TEAM.— 

13 ‘‘(A) IN GENERAL.—An audit conducted 

14 under paragraph (1) shall be carried out by an 

15 audit team determined by the head of the Fed16 eral agency, in consultation with the State, in 

17 accordance with subparagraph (B). 

18 ‘‘(B) CONSULTATION.—Consultation with 

19 the State under subparagraph (A) shall include 

20 a reasonable opportunity for the State to review 

21 and provide comments on the proposed mem22 bers of the audit team. 

23 ‘‘(i) MONITORING.—After the fourth year of the par24 ticipation of a State in an agency program, the head of 

25 the Federal agency shall monitor compliance by the State 


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•S 5323 IS

1 with the written agreement, including the provision by the 

2 State of financial resources to carry out the written agree3 ment. 

4 ‘‘(j) REPORT TO CONGRESS.—The head of each Fed5 eral agency shall submit to Congress an annual report that 

6 describes the administration of the agency program. 

7 ‘‘(k) TERMINATION.— 

8 ‘‘(1) TERMINATION BY FEDERAL AGENCY.—The 

9 head of a Federal agency may terminate the partici10 pation of any State in the agency program of the 

11 Federal agency if— 

12 ‘‘(A) the head of the Federal agency deter13 mines that the State is not adequately carrying 

14 out the responsibilities assigned to the State; 

15 ‘‘(B) the head of the Federal agency pro16 vides to the State— 

17 ‘‘(i) a notification of the determina18 tion of noncompliance; 

19 ‘‘(ii) a period of not less than 120 

20 days to take such corrective action as the 

21 head of the Federal agency determines to 

22 be necessary to comply with the applicable 

23 agreement; and 

24 ‘‘(iii) on request of the Governor of 

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1 sponsibility in need of corrective action re2 garding an inadequacy identified under 

3 subparagraph (A); and 

4 ‘‘(C) the State, after the notification and 

5 period provided under subparagraph (B), fails 

6 to take satisfactory corrective action, as deter7 mined by the head of the Federal agency. 

8 ‘‘(2) TERMINATION BY THE STATE.—A State 

9 may terminate the participation of the State in an 

10 agency program at any time by providing to the 

11 head of the applicable Federal agency a notice by 

12 not later than the date that is 90 days before the 

13 date of termination, and subject to such terms and 

14 conditions as the head of the Federal agency may 

15 provide. 

16 ‘‘(l) CAPACITY BUILDING.—The head of a Federal 

17 agency, in cooperation with representatives of State offi18 cials, may carry out education, training, peer-exchange, 

19 and other initiatives as appropriate— 

20 ‘‘(1) to assist States in developing the capacity 

21 to participate in the agency program of the Federal 

22 agency; and 

23 ‘‘(2) to promote information sharing and col24 laboration among States that are participating in 

25 the agency program of the Federal agency. 


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1 ‘‘(m) RELATIONSHIP TO LOCALLY ADMINISTERED

2 PROJECTS.—A State granted authority under an agency 

3 program may, as appropriate and at the request of a local 

4 government— 

5 ‘‘(1) exercise that authority on behalf of the 

6 local government for a locally administered project; 

7 or 

8 ‘‘(2) provide guidance and training on consoli9 dating and minimizing the documentation and envi10 ronmental analyses necessary for sponsors of a lo11 cally administered project to comply with this title 

12 and any comparable requirements under State law.’’. 

13 (c) PROHIBITION ON GUIDANCE.—No Federal agen14 cy, including the Council, may reissue the final guidance 

15 of the Council entitled ‘‘Final Guidance for Federal De16 partments and Agencies on Consideration of Greenhouse 

17 Gas Emissions and the Effects of Climate Change in Na18 tional Environmental Policy Act Reviews’’ (81 Fed. Reg. 

19 51866 (August 5, 2016)) or substantially similar guidance 

20 unless authorized by an Act of Congress. 

21 (d) DEFINITIONS.—Section 113 of the National En22 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

23 (as redesignated by subsection (b)(1)) is amended— 

24 (1) in paragraph (2), by striking ‘‘designated as 

25 a cooperating agency under section 107(a)(3)’’ and 


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•S 5323 IS

1 inserting ‘‘invited to be a cooperating agency under 

2 section 107(f)(2)(B)’’; 

3 (2) by striking paragraph (8); 

4 (3) by redesignating paragraphs (9), (10), (12), 

5 and (13) as paragraphs (8), (9), (13), and (14), re6 spectively; 

7 (4) in subparagraph (B) of paragraph (8) (as 

8 so redesignated), by striking ‘‘designated under sec9 tion 107(a)(1)’’ and inserting ‘‘selected under sec10 tion 107(f)(2)(A)’’; 

11 (5) in subparagraph (B)(iv) of paragraph (9) 

12 (as so redesignated), by striking ‘‘section 7(a) or (b) 

13 and of the Small Business Act ( U.S.C. 636(a)), or’’ 

14 and inserting ‘‘subsection (a) or (b) of section 7 of 

15 the Small Business Act (15 U.S.C. 636) or’’; 

16 (6) by inserting after paragraph (9) (as so re17 designated) the following: 

18 ‘‘(10) NEPA PROCESS.— 

19 ‘‘(A) IN GENERAL.—The term ‘NEPA 

20 process’ means the entirety of every process, 

21 analysis, or other measure, including an envi22 ronmental impact statement, required to be car23 ried out by a Federal agency under this title be24 fore the agency undertakes a proposed action. 


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•S 5323 IS

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.’’; and 

17 (7) by inserting after paragraph (11) the fol18 lowing: 

19 ‘‘(12) PROJECT SPONSOR.—The term ‘project 

20 sponsor’ means a Federal agency or other entity, in21 cluding a private or public-private entity, that seeks 

22 approval of a proposed action.’’. 

23 (e) CONFORMING AMENDMENTS.— 

24 (1) POLICY REVIEW.—Section 309 of the Clean 

25 Air Act (42 U.S.C. 7609) is repealed. 


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1 (2) SURFACE TRANSPORTATION PROJECT DE2 LIVERY PROGRAM.—Section 327 of title 23, United 

3 States Code, is amended— 

4 (A) in subsection (a)(1), by striking ‘‘The 

5 Secretary’’ and inserting ‘‘Subject to subsection 

6 (n), the Secretary’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(n) SUNSET.— 

9 ‘‘(1) IN GENERAL.—Except as provided under 

10 paragraph (2), the authority provided by this section 

11 terminates on the date of enactment of this sub12 section. 

13 ‘‘(2) EXISTING AGREEMENTS.—Subject to the 

14 requirements of this section, the Secretary may con15 tinue to enforce any agreement entered into under 

16 this section before the date of enactment of this sub17 section.’’. 

18 SEC. 3. ATTORNEY FEES IN ENVIRONMENTAL LITIGATION. 

19 (a) ADMINISTRATIVE PROCEDURE.—Section 

20 504(b)(1) of title 5, United States Code, is amended— 

21 (1) in subparagraph (E), by striking ‘‘and’’ at 

22 the end; 

23 (2) in subparagraph (F), by striking the period 

24 at the end and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(G) ‘special factor’ does not include knowl2 edge, expertise, or skill in environmental litigation.’’. 

3 (b) UNITED STATES AS PARTY.—Section 2412(d)(2) 

4 of title 28, United States Code, is amended— 

5 (1) in subparagraph (H), by striking ‘‘and’’ at 

6 the end; 

7 (2) in subparagraph (I), by striking the period 

8 at the end and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(J) ‘special factor’ does not include 

11 knowledge, expertise, or skill in environmental 

12 litigation.’’. 

Æ 


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