II 

118TH CONGRESS 

1ST SESSION S. 3170 

To prescribe judicial review requirements for certain projects, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 31, 2023 

Mr. CASSIDY (for himself, Mr. DAINES, Mr. RISCH, Ms. LUMMIS, Mr. CRAPO, 

and Mr. MARSHALL) introduced the following bill; which was read twice 

and referred to the Committee on Environment and Public Works 

A BILL 

To prescribe judicial review requirements for certain projects, 

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 ‘‘Revising and Enhanc5 ing Project Authorizations Impacted by Review Act of 

6 2023’’ or the ‘‘REPAIR Act of 2023’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) AGENCY.—The term ‘‘agency’’ has the 

2 meaning given the term in section 551 of title 5, 

3 United States Code. 

4 (2) AGENCY OF JURISDICTION.—The term 

5 ‘‘agency of jurisdiction’’ means any agency that is 

6 responsible for approving an authorization under au7 thorizing legislation. 

8 (3) AUTHORIZATION.—The term ‘‘authoriza9 tion’’ means any license, permit, authorization, ap10 proval, variance, consultation, finding, or other ad11 ministrative decision (or any extension to or of any 

12 license, permit, authorization, approval, variance, 

13 consultation, finding, or other administrative deci14 sion) that is required or authorized under Federal 

15 law (including regulations) to design, plan, site, con16 struct, reconstruct, commence operations of, modify, 

17 or operate a project. 

18 (4) AUTHORIZING LEGISLATION.—The term 

19 ‘‘authorizing legislation’’ means any of— 

20 (A) the Clean Air Act (42 U.S.C. 7401 et 

21 seq.); 

22 (B) the Federal Water Pollution Control 

23 Act (33 U.S.C. 1251 et seq.); 

24 (C) the Natural Gas Act (15 U.S.C. 717 et 

25 seq.); 


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1 (D) the Federal Power Act (16 U.S.C. 

2 791a et seq.); 

3 (E) division A of subtitle III of title 54, 

4 United States Code (formerly known as the 

5 ‘‘National Historic Preservation Act’’ (16 

6 U.S.C. 470 et seq.)); 

7 (F) the Endangered Species Act of 1973 

8 (16 U.S.C. 1531 et seq.); 

9 (G) the Migratory Bird Treaty Act (16 

10 U.S.C. 703 et seq.); 

11 (H) the Act of June 8, 1940 (16 U.S.C. 

12 668 et seq.) (commonly known as the ‘‘Bald 

13 and Golden Eagle Protection Act’’); 

14 (I) the Marine Mammal Protection Act of 

15 1972 (16 U.S.C. 1361 et seq.); 

16 (J) the Coastal Zone Management Act of 

17 1972 (16 U.S.C. 1451 et seq.); 

18 (K) the Outer Continental Shelf Lands Act 

19 (43 U.S.C. 1331 et seq.); 

20 (L) the Mineral Leasing Act (30 U.S.C. 

21 181 et seq.); 

22 (M) the Safe Drinking Water Act (42 

23 U.S.C. 300f et seq.), as it relates to any State 

24 seeking to obtain primary enforcement author25 ity for— 


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1 (i) that Act pursuant to section 1413 

2 of that Act (42 U.S.C. 300g-2); or 

3 (ii) an underground injection control 

4 program pursuant to section 1422 of that 

5 Act (42 U.S.C. 300h-1); 

6 (N) the Deepwater Port Act of 1974 (33 

7 U.S.C. 1501 et seq.); 

8 (O) the Atomic Energy Act of 1954 (42 

9 U.S.C. 2011 et seq.); 

10 (P) the Geothermal Steam Act of 1970 (30 

11 U.S.C. 1001 et seq.); 

12 (Q) the National Forest Management Act 

13 of 1976 (Public Law 94–588; 90 Stat. 2949); 

14 (R) the Forest and Rangeland Renewable 

15 Resources Planning Act of 1974 (16 U.S.C. 

16 1600 et seq.); 

17 (S) the Federal Land Policy and Manage18 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

19 (T) the Solid Waste Disposal Act (42 

20 U.S.C. 6901 et seq.); 

21 (U) the Comprehensive Environmental Re22 sponse, Compensation, and Liability Act of 

23 1980 (42 U.S.C. 9601 et seq.); 

24 (V) chapter 2005 of title 54, United States 

25 Code (formerly known as the ‘‘Urban Park and 


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1 Recreation Recovery Act of 1978’’ (16 U.S.C. 

2 2501 et seq.)); and 

3 (W) any other Federal law requiring an 

4 environmental review pursuant to the National 

5 Environmental Policy Act of 1969 (42 U.S.C. 

6 4321 et seq.). 

7 (5) COUNCIL.—The term ‘‘Council’’ means the 

8 Federal Permitting Improvement Steering Council 

9 established by section 41002(a) of the FAST Act 

10 (42 U.S.C. 4370m–1(a)). 

11 (6) DIRECT AND TANGIBLE HARM.—The term 

12 ‘‘direct and tangible harm’’ means a harm with a 

13 causal connection to a project that causes— 

14 (A) physical illness or bodily injury; or 

15 (B) uncompensated economic loss. 

16 (7) ENVIRONMENTAL REVIEW.—The term ‘‘en17 vironmental review’’ means an assessment of envi18 ronmental impact, prepared pursuant to the Na19 tional Environmental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.), leading to the preparation of— 

21 (A) an environmental assessment; 

22 (B) a finding of no significant impact; 

23 (C) an environmental impact statement; 

24 (D) a record of decision; or 


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1 (E) any other review prepared to fulfill the 

2 requirements of that Act. 

3 (8) PROJECT.—The term ‘‘project’’ means an 

4 activity required to receive an authorization under 

5 authorizing legislation. 

6 (9) PROJECT SPONSOR.—The term ‘‘project 

7 sponsor’’ means the agency or other entity, including 

8 any private or public-private entity, that seeks ap9 proval from the agency of jurisdiction for a project. 

10 SEC. 3. JUDICIAL REVIEW. 

11 (a) STATUTE OF LIMITATIONS.— 

12 (1) DEFINITIONS.—In this subsection: 

13 (A) INITIAL AUTHORIZATION.— 

14 (i) IN GENERAL.—The term ‘‘initial 

15 authorization’’ means an authorization 

16 issued by an agency of jurisdiction for a 

17 project following a request for the author18 ization from a project sponsor. 

19 (ii) EXCLUSION.—The term ‘‘initial 

20 authorization’’ does not include any au21 thorization issued by an agency of jurisdic22 tion following an alteration made by a 

23 project sponsor pursuant to a mediation 

24 process described in subsection (d). 


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1 (B) INITIAL CLAIM.—The term ‘‘initial 

2 claim’’ means a claim described in paragraph 

3 (2)(A). 

4 (2) CLAIMING RELATING TO INITIAL AUTHOR5 IZATIONS.— 

6 (A) INITIAL CLAIMS.—Notwithstanding 

7 any other provision of law, a claim seeking judi8 cial review of any portion of the initial author9 ization process carried out for a project pursu10 ant to authorizing legislation or an initial au11 thorization issued by an agency of jurisdiction 

12 for a project shall be filed by the date that is 

13 30 days after the date on which the final agen14 cy action with respect to the project has been 

15 taken, unless a shorter time is specified in the 

16 Federal law pursuant to which judicial review is 

17 sought. 

18 (B) SUBSEQUENT ACTION.— 

19 (i) IN GENERAL.—Any additional ac20 tion relating to an initial claim, including 

21 an action seeking a preliminary injunction 

22 based on the initial claim, shall be filed not 

23 later than 30 days after the date on which 

24 the initial claim was filed. 


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1 (ii) FAILURE TO SUBMIT SUBSEQUENT

2 CLAIM.—An individual that fails to submit 

3 an additional action described in clause (i) 

4 relating to the filed initial claim by the 

5 deadline described in that clause shall— 

6 (I) invalidate the initial claim; 

7 (II) be barred from bringing that 

8 additional claim; and 

9 (III) remove any such right of 

10 action relating to that initial claim. 

11 (3) OTHER CLAIMS.—Any other claim relating 

12 to the issuance of an authorization by an agency of 

13 jurisdiction for a project shall be subject to sub14 section (d). 

15 (b) DEFAULT REMEDY.— 

16 (1) IN GENERAL.—If a court of law determines 

17 that an agency did not comply with the requirements 

18 of authorizing legislation when granting an author19 ization for a project, the default remedy shall be to 

20 remand that authorization to the applicable agency. 

21 (2) LIMITATION.—A court of law shall not va22 cate, enjoin, or otherwise limit an authorization 

23 granted for a project unless the issuance of the au24 thorization would present an imminent and substan25 tial danger to human health or the environment for 


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1 which there is no other equitable remedy available 

2 under law. 

3 (c) RIGHT OF ACTION.—Notwithstanding any other 

4 provision of law, an individual seeking to bring a claim 

5 for judicial review of the approval of an authorization for 

6 a project may only bring the claim if the individual will 

7 suffer a direct and tangible harm because of the authoriza8 tion for which the individual is seeking judicial review if 

9 the harm was not analyzed in the approval of the initial 

10 authorization (as defined in subsection (a)(1)). 

11 (d) RIGHT OF ALTERATION.— 

12 (1) IN GENERAL.—If an authorization for a 

13 project is enjoined, remanded, or vacated by a court 

14 of law, the project sponsor and the agency of juris15 diction shall participate in a mediation process over16 seen by the Council— 

17 (A) to address the reasons for the injunc18 tion, remand, or vacatur; and 

19 (B) to reauthorize the project for develop20 ment. 

21 (2) PROCESS.— 

22 (A) REMEDIATION PROPOSALS.—Subject 

23 to subparagraph (B)(i), not later than 60 days 

24 after the date on which an authorization for a 

25 project is enjoined, remanded, or vacated by a 


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1 court of law, the project sponsor and the agency 

2 of jurisdiction shall each submit to the Council 

3 remediation proposals— 

4 (i) to address any identified issues 

5 that can be fully resolved; or 

6 (ii) to attempt to mitigate the identi7 fied issues if the issues cannot be fully re8 solved. 

9 (B) EXTENSION.— 

10 (i) IN GENERAL.—A project sponsor 

11 may request from the Council an extension 

12 of not more than 120 days to complete a 

13 remediation proposal described in subpara14 graph (A). 

15 (ii) APPROVAL REQUIRED.—If the 

16 Council receives a request from a project 

17 sponsor for an extension under clause (i), 

18 the Council shall approve that request. 

19 (iii) TREATMENT OF THE AGENCY OF

20 JURISDICTION.—If an extension is re21 quested and approved under clauses (i) 

22 and (ii), respectively, an agency of jurisdic23 tion may, notwithstanding subparagraph 

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1 quired under that subparagraph (A) within 

2 the extension period described in clause (i). 

3 (C) AGENCY COMPLIANCE.—If an agency 

4 of jurisdiction fails to submit a remediation 

5 proposal in the time period described in sub6 paragraph (A) or (B)(i), as applicable, the 

7 Council shall— 

8 (i) approve the remediation proposal 

9 submitted by the project sponsor; and 

10 (ii) direct the agency of jurisdiction to 

11 reauthorize all applicable authorizations 

12 for the project. 

13 (D) COUNCIL REVIEW.— 

14 (i) IN GENERAL.—Not later than 60 

15 days after the date on which a project 

16 sponsor and an agency of jurisdiction sub17 mit a remediation proposal in accordance 

18 with subparagraph (A) or (B)(i), as appli19 cable, the Council shall— 

20 (I) hold any necessary joint meet21 ings between the project sponsor and 

22 the agency of jurisdiction to assist in 

23 reaching a final remediation plan de24 scribed in clause (ii); 


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1 (II) complete a final remediation 

2 plan; and 

3 (III) direct the agency of juris4 diction to reauthorize the project 

5 based on that final remediation plan. 

6 (ii) FINAL REMEDIATION PLAN.— 

7 (I) IN GENERAL.—A final reme8 diation plan described in clause (i) 

9 shall contain any alterations to a 

10 project necessary to address the rea11 sons for which a court of law en12 joined, remanded, vacated, or other13 wise limited an authorization for the 

14 applicable project. 

15 (II) FORM.—A final remediation 

16 plan described in clause (i) shall— 

17 (aa) accept the remediation 

18 proposal of the project sponsor; 

19 or 

20 (bb) alter the remediation 

21 proposal of the project sponsor 

22 based on the remediation pro23 posal of the agency of jurisdic24 tion. 


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1 (III) ALTERATIONS.—To the 

2 maximum extent practicable, alter3 ations described in subclause (II)(bb) 

4 shall represent an intermediate posi5 tion between the remediation proposal 

6 of the project sponsor and the remedi7 ation proposal of the agency of juris8 diction. 

9 (IV) LENGTH OF FINAL REMEDI10 ATION PLAN.—The text of a final re11 mediation plan shall not exceed 50 

12 pages. 

13 (iii) RIGHT OF ACCEPTANCE.— 

14 (I) IN GENERAL.—At any point 

15 in the 60-day period described in 

16 clause (i), a project sponsor or an 

17 agency of jurisdiction may submit to 

18 the Council in writing an acceptance 

19 of the remediation proposal of the 

20 other party. 

21 (II) REAUTHORIZATION.—If the 

22 Council receives an acceptance under 

23 subclause (I), the Council shall— 


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1 (aa) consider the accepted 

2 remediation proposal to be the 

3 final remediation plan; and 

4 (bb) direct the agency of ju5 risdiction to reauthorize all au6 thorizations for the project. 

7 (iv) MEETINGS.—The Council shall 

8 hold not less than 1 meeting between a 

9 project sponsor and an agency of jurisdic10 tion to address any necessary areas of dis11 pute between the applicable remediation 

12 plans. 

13 (v) COMPLETION.—On completion of 

14 a final remediation plan under clause (ii), 

15 the Council shall— 

16 (I) make public the final remedi17 ation plan in a manner consistent 

18 with the authorization approval proc19 ess of the agency of jurisdiction; and 

20 (II) direct the agency of jurisdic21 tion to reauthorize all authorizations 

22 for the project. 

23 (vi) COMPLIANCE.—If the Council 

24 fails to direct the agency of jurisdiction to 

25 reauthorize all authorizations for the 


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1 project within the 60-day period described 

2 in clause (i), the agency of jurisdiction 

3 shall— 

4 (I) consider the remediation pro5 posal of the project sponsor to be the 

6 final remediation plan; and 

7 (II) reauthorize all authorizations 

8 for the project in accordance with the 

9 final remediation plan. 

10 (E) ADDITIONAL MEETINGS.—At the re11 quest of a project sponsor, following the date on 

12 which an authorization for a project is enjoined, 

13 remanded, or vacated by a court of law, but be14 fore the date on which a project sponsor and an 

15 agency of jurisdiction submit a remediation pro16 posal under subparagraph (A) or (B)(i), as ap17 plicable, the Council may hold meetings between 

18 the agency of jurisdiction and the project spon19 sor in an attempt to align the parties on reme20 diation proposals. 

21 (F) TREATMENT OF ADDITIONAL ANAL22 YSES.— 

23 (i) IN GENERAL.—To the maximum 

24 extent practicable, and except as provided 

25 in clause (ii), all remediation proposals and 


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1 final remediation plans described in sub2 paragraph (D)(ii) shall only use existing 

3 information, data, and analyses used in the 

4 initial authorization (as defined in sub5 section (a)(1)) or presented as a part of 

6 the initial claim (as defined in that sub7 section) and subsequent judicial process. 

8 (ii) ADDITIONAL ANALYSES.—If addi9 tional analysis is required to fulfill a court 

10 order, all final remediation plans described 

11 in subparagraph (D)(ii) shall— 

12 (I) designate a singular agency of 

13 jurisdiction to perform the analysis; 

14 (II) allow for not more than 90 

15 days to perform the analysis; 

16 (III) designate the court order as 

17 fulfilled and the project authorization 

18 re-approved if the designated agency 

19 does not complete the analysis in the 

20 90-day period described in subclause 

21 (II); and 

22 (IV) establish clear actions to be 

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1 pendent on the potential outcomes of 

2 the additional analysis. 

3 (3) RIGHT OF ADDITIONAL REVIEW.—A final 

4 remediation plan described in paragraph (2)(D)(ii) 

5 shall not be subject to judicial review or further 

6 right of action by an individual or entity other than 

7 the project sponsor. 

8 (4) REAUTHORIZATION.— 

9 (A) IN GENERAL.—An agency of jurisdic10 tion shall reauthorize all authorizations for a 

11 project not later than 15 days after the date on 

12 which a final remediation plan described in 

13 paragraph (2)(D)(ii) is completed. 

14 (B) FAILURE TO REAUTHORIZE A

15 PROJECT.—If an agency of jurisdiction fails to 

16 reauthorize a project and submit to the project 

17 sponsor any necessary authorization paperwork 

18 within the 15-day period described in subpara19 graph (A), the project sponsor may begin any 

20 necessary actions reliant on the authorization to 

21 complete the project. 

22 (e) VENUE.—A claim seeking judicial review of an 

23 authorization issued by an agency of jurisdiction for a 

24 project shall be filed— 


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1 (1) in the court the jurisdiction of which con2 tains the location of the project that the authoriza3 tion applies to; or 

4 (2) if the location of the project transverses the 

5 jurisdiction of multiple courts, in the court the juris6 diction of which contains the location in which the 

7 largest financial investment will be made with re8 spect to the project. 

9 (f) RANDOM ASSIGNMENT OF CASES.—To the max10 imum extent practicable, district courts of the United 

11 States and courts of appeals of the United States shall 

12 randomly assign cases seeking judicial review of any au13 thorization issued by an agency of jurisdiction for a 

14 project to judges appointed, designated, or assigned to sit 

15 as judges of the court in a manner to avoid the appearance 

16 of favoritism or bias. 

17 (g) PUBLICATION OF JUDICIAL REVIEW TIME PERI18 ODS.— 

19 (1) IN GENERAL.—The Council shall maintain 

20 a public database (referred to in this subsection as 

21 the ‘‘database’’) of any claim relating to the issuance 

22 of an authorization by an agency of jurisdiction 

23 that— 

24 (A) is subject to judicial review; and 


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1 (B) has not been adjudicated within 90 

2 days after the date on which the claim was as3 signed to a judge. 

4 (2) REPORTING REQUIREMENTS.— 

5 (A) IN GENERAL.—In the case of a claim 

6 described in paragraph (1) that has not been 

7 adjudicated within 90 days after the date on 

8 which the claim is assigned to a judge, the Di9 rector of the Administrative Office of the 

10 United States Courts shall submit to the Coun11 cil a report, which shall include— 

12 (i) the name of the claim; 

13 (ii) the authorizing legislation pursu14 ant to which the initial authorization (as 

15 defined in subsection (a)(1)) was issued; 

16 (iii) the name of the plaintiff; 

17 (iv) the name of the defendant; 

18 (v) the date on which the claim was 

19 filed; 

20 (vi) the name of the court; and 

21 (vii) the name of the judge to which 

22 the claim was assigned. 

23 (B) ALTERNATE REPORTING METHODS.— 

24 (i) IN GENERAL.—A plaintiff or de25 fendant involved in a claim may self-report 


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1 the information described in clauses (i) 

2 through (vii) of subparagraph (A). 

3 (ii) PUBLICATION.—The Council shall 

4 ensure that the availability to self-report as 

5 described in clause (i) is publicized— 

6 (I) on the home page of the 

7 website of the Council; and 

8 (II) in any other manner deter9 mined to be appropriate by the Coun10 cil. 

11 (iii) NOTIFICATION TO APPLICABLE

12 COURT.—For each matter self-reported to 

13 the Council under clause (i), the Council 

14 shall notify the applicable court to confirm 

15 that the information described in clauses 

16 (i) through (vii) of subparagraph (A) re17 ceived by the Council is accurate. 

18 (3) MAINTENANCE OF JUDICIAL REVIEW

19 TIMELINES.—With respect to each claim in the data20 base, the Council shall update the database not less 

21 frequently than daily to reflect the number of days 

22 the claim has been under judicial review. 

23 (4) PUBLICATION.—Not later than 5 business 

24 days after the date on which the Council receives a 

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1 fice of the United States Courts under subparagraph 

2 (A) of paragraph (2) or from a plaintiff or defend3 ant under subparagraph (B) of that paragraph, as 

4 applicable, the Council shall update the database to 

5 include the information contained in the report. 

6 (5) COUNCIL REPORTING.— 

7 (A) IN GENERAL.—Not less frequently 

8 than once per calendar year, the Council shall 

9 publish and submit to the committees described 

10 in subparagraph (D) a report containing— 

11 (i) a list of all cases with claims that 

12 were reported to the Council under para13 graph (2); 

14 (ii) a list of all courts with multiple 

15 cases with claims reported under para16 graph (2), which shall be— 

17 (I) listed by name with the total 

18 number of applicable cases on file 

19 with each court— 

20 (aa) in the year preceding 

21 the date on which the applicable 

22 report is submitted; and 

23 (bb) in total since the date 

24 of enactment of this Act; and 


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1 (II) ordered according to the 

2 largest number, from largest to small3 est, of late cases per court in the year 

4 preceding the date on which the appli5 cable report is submitted; 

6 (iii) a list of all judges with multiple 

7 cases with claims reported under para8 graph (2), which shall be— 

9 (I) listed by name with the total 

10 number of late cases assigned to each 

11 judge— 

12 (aa) in the year preceding 

13 the date on which the applicable 

14 report is submitted; and 

15 (bb) in total since the date 

16 of enactment of this Act; and 

17 (II) ordered according to the 

18 largest number, from largest to small19 est, of late cases per judge since the 

20 date of enactment of this Act; 

21 (iv) the name of any judge that has 

22 failed to report a claim in accordance with 

23 paragraph (2)(A); and 

24 (v) any other information that the 

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1 sure timely review of claims relating to the 

2 issuance of an authorization. 

3 (B) MORE FREQUENT REPORTING.—The 

4 Council may publish the report required under 

5 subparagraph (A) more frequently than once 

6 per calendar year, subject to the condition that 

7 the Council shall not publish the report more 

8 frequently than once per quarter. 

9 (C) PUBLICATION.—Any report prepared 

10 by the Council under subparagraph (A) shall 

11 be— 

12 (i) published in the Federal Register; 

13 and 

14 (ii) made available on the website of 

15 the Council. 

16 (D) COMMITTEES DESCRIBED.—The com17 mittees referred to in subparagraph (A) are— 

18 (i) the Committee on Environment 

19 and Public Works of the Senate; 

20 (ii) the Committee on the Judiciary of 

21 the Senate; 

22 (iii) the Committee on Energy and 

23 Natural Resources of the Senate; 

24 (iv) the Committee on Natural Re25 sources of the House of Representatives; 


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1 (v) the Committee on the Judiciary of 

2 the House of Representatives; and 

3 (vi) the Committee on Energy and 

4 Commerce of the House of Representa5 tives. 

6 (h) TREATMENT OF EXISTING AUTHORIZATION RE7 QUESTS.—For a project sponsor that has submitted a 

8 project to an agency of jurisdiction for approval of an au9 thorization on or before the date of enactment of this Act, 

10 the judicial review requirements described in this section 

11 shall apply to any authorization granted for the project. 

12 (i) TREATMENT OF EXISTING JUDICIAL REVIEWS.— 

13 For any authorization subject to judicial review as of the 

14 date of enactment of this Act, the judicial review processes 

15 described in this section shall apply to such judicial review. 

16 (j) SAVINGS PROVISION.—Nothing in this section— 

17 (1) establishes a right of action under any au18 thorizing legislation relating to an environmental re19 view that does not already provide for a right of ac20 tion relating to that environmental review; or 

21 (2) prohibits any lawful action taken by a 

22 project sponsor that has been denied the ability— 

23 (A) to appeal an initial rejection of a 

24 project by the agency of jurisdiction; 


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1 (B) to appeal a rejection by the agency of 

2 jurisdiction relating to 1 or more attempts to 

3 address the issues identified as a result of a 

4 previous injunction, remand, or vacatur of an 

5 authorization decision; or 

6 (C) to resubmit a project in a manner that 

7 addresses the reasons for the rejection of that 

8 project by the agency of jurisdiction. 

9 SEC. 4. JUDICIAL STANDING UNDER NEPA. 

10 Title I of the National Environmental Policy Act of 

11 1969 (42 U.S.C. 4331 et seq.) is amended by adding at 

12 the end the following: 

13 ‘‘SEC. 112. JUDICIAL STANDING. 

14 ‘‘Nothing in this title, or any environmental review 

15 (as defined in section 2 of the REPAIR Act of 2023) car16 ried out pursuant to this title, provides a judicial right 

17 of action under this title or subchapter II of chapter 5, 

18 and chapter 7, of title 5, United States Code (commonly 

19 known as the ‘Administrative Procedure Act’), relating to 

20 the approval of an authorization (as defined in that sec21 tion) for a project (as defined in that section) that uses 

22 an applicable environmental review (as so defined).’’. 


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1 SEC. 5. ALTERATIONS FOR OFFSHORE ALTERNATIVE EN2 ERGY. 

3 Section 23(c)(2) of the Outer Continental Shelf 

4 Lands Act (43 U.S.C. 1349(c)(2)) is amended by striking 

5 ‘‘or any development and production plan under this Act’’ 

6 and inserting ‘‘, any development and production plan 

7 under this Act, or any final plan or lease, easement, or 

8 right-of-way issued under section 8(p)(1)(C) and any re9 lated final Federal agency action’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB