108TH CONGRESS

2D SESSION H. R. 4513

AN ACT

To provide that in preparing an environmental asfor other purposes. posed action and the no action alternative, and project locations or actions other than the pro- Federal agency is required to identify alternative action authorizing a renewable energy project, no ronmental Policy Act of 1969 with respect to any quired under section 102 of the National Envi- sessment or environmental impact statement re-

108TH CONGRESS

2D SESSION H. R. 4513

AN ACT

To provide that in preparing an environmental assessment

or environmental impact statement required under section 102 of the National Environmental Policy Act of

1969 with respect to any action authorizing a renewable

energy project, no Federal agency is required to identify

alternative project locations or actions other than the

proposed action and the no action alternative, 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,
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1 SECTION 1. ENVIRONMENTAL REVIEW FOR RENEWABLE

2 ENERGY PROJECTS.

3 (a) COMPLIANCE WITH NEPA FOR RENEWABLE EN4 ERGY PROJECTS.—Notwithstanding any other law, in pre5 paring an environmental assessment or environmental im6 pact statement required under section 102 of the National

7 Environmental Policy Act of 1969 (42 U.S.C. 4332) with

8 respect to any action authorizing a renewable energy

9 project under the jurisdiction of a Federal agency—

10 (1) no Federal agency is required to identify al11 ternative project locations or actions other than the

12 proposed action and the no action alternative; and

13 (2) no Federal agency is required to analyze the

14 environmental effects of alternative locations or ac15 tions other than those submitted by the project pro16 ponent.

17 (b) CONSIDERATION OF ALTERNATIVES.—In any en18 vironmental assessment or environmental impact state19 ment referred to in subsection (a), the Federal agency

20 shall only identify and analyze the environmental effects

21 and potential mitigation measures of—

22 (1) the proposed action; and

23 (2) the no action alternative.

24 (c) PUBLIC COMMENT.—In preparing an environ25 mental assessment or environmental impact statement re26 ferred to in subsection (a), the Federal agency shall only
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1 consider public comments that specifically address the pre2 ferred action and that are filed within 20 days after publi3 cation of a draft environmental assessment or draft envi4 ronmental impact statement. Notwithstanding any other

5 law, compliance with this subsection is deemed to satisfy

6 section 102(2) of the National Environmental Policy Act

7 of 1969 (42 U.S.C. 4332(2)) and the applicable regula8 tions and administrative guidelines with respect to pro9 posed renewable energy projects.

10 (d) DEFINITION.—For purposes of this section, the

11 term ‘‘renewable energy project’’—

12 (1) means any proposal to utilize an energy

13 source other than nuclear power, coal, oil, or natural

14 gas; and

15 (2) includes but is not be limited to the use of

16 wind, solar, geothermal, or tidal forces to generate

17 energy.

Passed the House of Representatives June 15, 2004.

Attest:

Clerk.