RESTART Act

Subjects: Environmental Protection


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1449 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1449

  To improve the environmental review process, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2023

  Mrs. Capito (for herself, Mr. Barrasso, Mr. Cramer, Ms. Lummis, Mr. 
 Ricketts, Mr. Boozman, Mr. Wicker, Mr. Sullivan, Mr. Graham, and Mr. 
Risch) introduced the following bill; which was read twice and referred 
            to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To improve the environmental review process, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Revitalizing the Economy by 
Simplifying Timelines and Assuring Regulatory Transparency Act'' or the 
``RESTART Act''.

SEC. 2. MODERNIZING THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

    (a) Existing NEPA Requirements.--Section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
            (1) in subparagraph (A), by striking ``insure'' and 
        inserting ``ensure'';
            (2) in subparagraph (B), by striking ``insure'' and 
        inserting ``ensure'';
            (3) in subparagraph (C)--
                    (A) by inserting ``consistent with the requirements 
                of this Act and except as provided by any other 
                provision of law,'' before ``include in every'';
                    (B) by striking clauses (i) through (v) and 
                inserting the following:
                            ``(i) a reasonable number of alternatives 
                        to the major Federal action and effects of 
                        those alternatives, including an analysis of 
                        any negative effects of not implementing the 
                        major Federal action in the case of a no action 
                        alternative;
                            ``(ii) the relationship between local 
                        short-term uses of the human environment and 
                        the maintenance and enhancement of long-term 
                        productivity; and
                            ``(iii) any irreversible and irretrievable 
                        commitments of Federal resources that would be 
                        involved in the major Federal action if the 
                        action is implemented.''; and
                    (C) in the undesignated matter following clause 
                (iii) (as so amended), in the second sentence, by 
                striking ``the responsible Federal official'' and 
                inserting ``the head of the Federal lead agency'';
            (4) in subparagraph (D)--
                    (A) in the matter preceding clause (i), by striking 
                ``official, if:'' and inserting ``official if--'';
                    (B) in each of clauses (i) and (ii), by striking 
                the comma at the end and inserting a semicolon;
                    (C) in clause (iii), by striking ``, and'' and 
                inserting ``; and''; and
                    (D) in clause (iv), by striking the period at the 
                end and inserting a semicolon;
            (5) by redesignating subparagraphs (D) through (I) as 
        subparagraphs (F) through (K), respectively;
            (6) by inserting after the undesignated matter following 
        subparagraph (C) the following:
                    ``(D) ensure the professional integrity, including 
                scientific integrity, of the discussion and analysis in 
                an environmental document;
                    ``(E) make use of reliable existing data and 
                resources in carrying out this Act;'';
            (7) by striking subparagraph (G) (as so redesignated) and 
        inserting the following:
                    ``(G) consistent with the requirements of this Act, 
                study, develop, and describe technically feasible 
                alternatives in the jurisdiction and authority of the 
                Federal agency;''; and
            (8) in subparagraph (H) (as so redesignated), by inserting 
        ``consistent with the requirements of this Act,'' before 
        ``recognize''.
    (b) Definitions.--The National Environmental Policy Act of 1969 is 
amended by inserting after section 2 (42 U.S.C. 4321) the following:

``SEC. 3. DEFINITIONS.

    ``In this Act:
            ``(1) Alternative.--The term `alternative' means an agency 
        action, other than a proposed agency action, that--
                    ``(A) is technically and economically feasible;
                    ``(B) is within the jurisdiction of the Federal 
                agency;
                    ``(C) meets the purpose and need of the proposed 
                agency action; and
                    ``(D) meets the goals of the project sponsor.
            ``(2) Authorization.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `authorization' means any 
                license, permit, approval, finding, determination, or 
                other administrative decision issued by a Federal 
                agency that is required or authorized under Federal law 
                to implement a proposed agency action.
                    ``(B) Programmatic or planning actions.--The term 
                `authorization', with respect to a proposed agency 
                action that is a programmatic or planning action, does 
                not include a site-specific decision that is intended 
                to implement that action at a later date.
            ``(3) Categorical exclusion.--The term `categorical 
        exclusion' means a category of actions that a Federal agency 
        has determined, according to procedures established by the 
        Federal agency, do not normally have a significant effect on 
        the human environment.
            ``(4) Cooperating agency.--The term `cooperating agency' 
        means any Federal agency or State, Tribal, or local agency that 
        has been designated as a cooperating agency under section 
        111(a)(4).
            ``(5) Council.--The term `Council' means the Council on 
        Environmental Quality.
            ``(6) Effects.--
                    ``(A) In general.--The term `effects' means changes 
                to the human environment as a result of a proposed 
                agency action or an alternative, as applicable, to be 
                carried out by a Federal agency that--
                            ``(i) are reasonably foreseeable, including 
                        changes that may occur not later than 10 years 
                        after the date on which the lead agency begins 
                        preparing an environmental document in an area 
                        directly affected by the proposed agency action 
                        or alternative, as applicable, such that an 
                        individual of ordinary prudence would take such 
                        occurrence into account in reaching a decision; 
                        and
                            ``(ii) have a proximate causal relationship 
                        to the proposed agency action or an 
                        alternative, as applicable.
                    ``(B) Requirement.--For purposes of subparagraph 
                (A)(ii), a `but for' causal relationship is 
                insufficient to establish a proximate causal 
                relationship.
            ``(7) Environmental assessment.--The term `environmental 
        assessment' means a concise public document prepared by a 
        Federal agency to determine whether to prepare an environmental 
        impact statement or a finding of no significant impact for a 
        proposed agency action.
            ``(8) Environmental document.--The term `environmental 
        document' includes an environmental assessment, a finding of no 
        significant impact, a notice of intent, and an environmental 
        impact statement.
            ``(9) Environmental impact statement.--The term 
        `environmental impact statement' means a detailed statement 
        required to be prepared for a major Federal action 
        significantly affecting the quality of the human environment in 
        accordance with title I.
            ``(10) Environmental review.--The term `environmental 
        review' means the process of preparing, for a proposed agency 
        action in accordance with this Act, an environmental impact 
        statement, an environmental assessment, a categorical 
        exclusion, a finding of no significant impact, or a record of 
        decision.
            ``(11) Federal agency.--The term `Federal agency' has the 
        meaning given the term `agency' in section 551 of title 5, 
        United States Code.
            ``(12) Finding of no significant impact.--The term `finding 
        of no significant impact' means a document prepared by a 
        Federal agency briefly presenting the reasons why a proposed 
        agency action, not subject to a categorical exclusion--
                    ``(A) will not have a significant effect on the 
                human environment; and
                    ``(B) will not have an environmental impact 
                statement prepared for the action.
            ``(13) Involved federal agency.--The term `involved Federal 
        agency' means a Federal agency that, with respect to a proposed 
        agency action--
                    ``(A) proposed the action; or
                    ``(B) is involved in the action because the action 
                is directly related, through functional interdependence 
                or geographic proximity, to an action the Federal 
                agency has taken or has proposed to take.
            ``(14) Lead agency.--The term `lead agency' means the 
        agency or agencies, in the case of joint lead agencies, 
        preparing or having taken primary responsibility for carrying 
        out any requirements relating to an environmental review for a 
        proposed agency action pursuant to this Act.
            ``(15) Major federal action.--
                    ``(A) In general.--The term `major Federal action' 
                means an action that the Federal agency carrying out 
                the action determines is subject to substantial Federal 
                control and responsibility.
                    ``(B) Exclusions.--The term `major Federal action' 
                does not include--
                            ``(i) a non-Federal action--
                                    ``(I) with no or minimal Federal 
                                funding;
                                    ``(II) with no or minimal Federal 
                                involvement where a Federal agency 
                                cannot control the outcome of the 
                                project; or
                                    ``(III) that does not include 
                                Federal land;
                            ``(ii) funding assistance solely in the 
                        form of general revenue sharing funds that do 
                        not provide Federal agency compliance or 
                        enforcement responsibility over the subsequent 
                        use of those funds;
                            ``(iii) loans, loan guarantees, or other 
                        forms of financial assistance where a Federal 
                        agency does not exercise sufficient control and 
                        responsibility over the effect of the action;
                            ``(iv) farm ownership and operating loan 
                        guarantees by the Farm Service Agency pursuant 
                        to sections 305 and 311 through 319 of the 
                        Consolidated Farm and Rural Development Act (7 
                        U.S.C. 1925, 1941-1949);
                            ``(v) business loan guarantees provided by 
                        the Small Business Administration pursuant to 
                        subsection (a) or (b) of section 7 of the Small 
                        Business Act (15 U.S.C. 636), or title V of the 
                        Small Business Investment Act of 1958 (15 
                        U.S.C. 695 et seq.);
                            ``(vi) bringing judicial or administrative 
                        civil or criminal enforcement actions; or
                            ``(vii) extraterritorial activities or 
                        decisions, including agency activities or 
                        decisions with effects located entirely outside 
                        of the jurisdiction of the United States.
                    ``(C) Determination.--An agency action may not be 
                determined to be a major Federal action solely on the 
                basis of--
                            ``(i) an interstate effect of the action or 
                        related project; or
                            ``(ii) the provision of Federal funds for 
                        the action or related project.
            ``(16) Notice of intent.--The term `notice of intent' means 
        a public notice that a Federal agency intends to prepare and 
        consider an environmental impact statement for a proposed 
        agency action.
            ``(17) Page.--The term `page' means a page that contains 
        not more than 500 words, not including any explanatory maps, 
        diagrams, graphs, tables, or other means of graphically 
        displaying quantitative or geospatial information.
            ``(18) Project sponsor.--The term `project sponsor' means 
        the agency or other entity, including any private or public-
        private entity, that seeks an authorization for a proposed 
        agency action.
            ``(19) Proposed agency action.--The term `proposed agency 
        action' means an action at a stage when a Federal agency--
                    ``(A) has a goal;
                    ``(B) is actively preparing to make a decision on 1 
                or more alternatives to accomplish that goal; and
                    ``(C) can meaningfully evaluate the effects of the 
                action.
            ``(20) Special expertise.--The term `special expertise', 
        with respect to a proposed agency action, means--
                    ``(A) having statutory responsibility;
                    ``(B) that the proposed agency action aligns with 
                the mission of a Federal agency; or
                    ``(C) having related program experience relating to 
                that proposed agency action.''.
    (c) Procedure for Determination of Level of Review.--Title I of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) is 
amended by adding at the end the following:

``SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW.

    ``(a) Threshold Determinations.--A Federal agency shall not be 
required to prepare an environmental document with respect to a 
proposed agency action if--
            ``(1) the proposed agency action is not a final agency 
        action (within the meaning of chapter 5 of title 5, United 
        States Code);
            ``(2) the proposed agency action is covered by a 
        categorical exclusion established by the agency, a Federal 
        agency, or any other provision of law;
            ``(3) the preparation of an environmental document would 
        clearly and fundamentally conflict with the requirements of 
        another provision of law;
            ``(4) the proposed agency action is, in whole or in part, a 
        nondiscretionary action with respect to which the agency does 
        not have authority to take environmental factors into 
        consideration in determining whether to carry out the proposed 
        action;
            ``(5) the proposed agency action is a rulemaking that is 
        subject to section 553 of title 5, United States Code; or
            ``(6) the proposed agency action is an action for which the 
        compliance of the agency with the requirements of another law 
        serves the same or similar function as the requirements of this 
        Act with respect to the action.
    ``(b) Levels of Review.--
            ``(1) Environmental impact statement.--Pursuant to section 
        102(2)(C), a Federal agency shall issue an environmental impact 
        statement with respect to a major Federal action that has a 
        significant effect on the quality of the human environment.
            ``(2) Environmental assessment.--
                    ``(A) In general.--A Federal agency shall prepare 
                an environmental assessment with respect to a proposed 
                agency action--
                            ``(i) that is not likely to have a 
                        significant effect on the quality of the human 
                        environment; or
                            ``(ii) for which the significance of the 
                        effect on the quality of the human environment 
                        is unknown.
                    ``(B) Requirement.--An environmental assessment 
                prepared under subparagraph (A) shall be a concise 
                public document prepared by a Federal agency that 
                briefly provides evidence and analysis for determining 
                whether to prepare an environmental impact statement or 
                a finding of no significant impact.
            ``(3) Sources of information.--In making a determination 
        under this subsection, an agency--
                    ``(A) may make use of any reliable data source; and
                    ``(B) shall not be required to carry out new 
                scientific or technical research.''.
    (d) Environmental Impact Statement Requirements.--
            (1) In general.--Title I of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as amended by 
        subsection (c)) is amended by adding at the end the following:

``SEC. 107. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENTS.

    ``(a) Statement of Purpose and Need.--
            ``(1) In general.--Subject to paragraph (2), an 
        environmental impact statement shall briefly specify--
                    ``(A) the underlying purpose and need to which a 
                Federal agency is responding; and
                    ``(B) the major Federal action, at least 1 
                alternative, and the effects of the major Federal 
                action and any alternative.
            ``(2) Statutory authority.--When the statutory duty of a 
        Federal agency is to review an application for a proposed 
        agency action, the Federal agency shall base the purpose and 
        need to which the Federal agency is responding on the goals of 
        the project sponsor and the authority of the Federal agency.
    ``(b) Cover Sheet.--The cover sheet for an environmental impact 
statement shall include a statement of the estimated total cost of 
preparing the environmental impact statement, including the costs of 
Federal agency full-time equivalent personnel hours, contractor costs, 
and other direct costs.
    ``(c) Page Limits.--
            ``(1) In general.--Except as provided in paragraph (2), an 
        environmental impact statement for a major Federal action shall 
        not exceed 150 pages.
            ``(2) Unusual complexity.--An environmental impact 
        statement for a major Federal action of unusual complexity, as 
        determined by the applicable Federal agency, shall not exceed 
        300 pages.
    ``(d) Timeline for Preparing an Environmental Impact Statement.--
            ``(1) In general.--Not later than 2 years after the date on 
        which a Federal agency issues a notice of intent for a major 
        Federal action, the Federal agency shall publish in the Federal 
        Register the final environmental impact statement or notice of 
        availability of the final environmental impact statement for 
        the major Federal action.
            ``(2) Failure to act.--
                    ``(A) In general.--If a Federal agency fails to 
                publish a final environmental impact statement or 
                notice of availability of the final environmental 
                impact statement in accordance with the timeline 
                described in paragraph (1), and the timeline has not 
                been extended in accordance with paragraph (3), the 
                requirements of this title shall be deemed to have been 
                fulfilled for the major Federal action.
                    ``(B) No judicial review.--A major Federal action 
                deemed to fulfill the requirements of this title under 
                subparagraph (A) shall not be subject to judicial 
                review under this title or subchapter II of chapter 5, 
                and chapter 7, of title 5, United States Code (commonly 
                known as the `Administrative Procedure Act').
            ``(3) Extension.--The timeline established under paragraph 
        (1) may only be extended if--
                    ``(A) the extension is requested, in writing, by 
                the project sponsor; and
                    ``(B) the applicable Federal agency concurs, in 
                writing, with the extension.
    ``(e) Specificity of Comments and Information.--
            ``(1) Request for public comment.--A notice of availability 
        of a draft environmental impact statement or draft 
        environmental impact statement published in the Federal 
        Register shall include a request for public comment, within a 
        comment period provided by the applicable Federal agency, on--
                    ``(A) the applicable major Federal action, at least 
                1 alternative to the major Federal action, and the 
                effects of each; and
                    ``(B) relevant information, studies, or analyses 
                with respect to the applicable major Federal action.
            ``(2) Comments on draft environmental impact statements.--
        Comments and objections relating to a draft environmental 
        impact statement for a major Federal action shall be raised 
        within a comment period provided by the applicable Federal 
        agency, as described in paragraph (1).
            ``(3) Unexhausted and forfeited comments.--Comments and 
        objections not provided within a comment period described in 
        paragraph (1)--
                    ``(A) shall be considered unexhausted and 
                forfeited; and
                    ``(B) shall not be grounds for judicial review.
    ``(f) Record of Decision.--Each record of decision prepared for a 
final environmental impact statement by a Federal agency for a major 
Federal action shall--
            ``(1) contain a statement certifying that the Federal 
        agency considered at least 1 alternative and information and 
        analyses relating to the major Federal action submitted during 
        the process of carrying out the requirements of this title; and
            ``(2) be issued not later than 90 days after the date on 
        which the Federal agency publishes the final environmental 
        impact statement or notice of availability of the final 
        environmental impact statement in the Federal Register.
    ``(g) Deadline for Issuance of Authorizations.--
            ``(1) Environmental impact statements.--For a major Federal 
        action for which a record of decision described in subsection 
        (f) is prepared, all authorizations required under any other 
        Federal law associated with the record of decision shall be 
        issued not later than 90 days after the date on which the 
        Federal agency publishes the final record of decision or notice 
        of availability of the record of decision for the major Federal 
        action in the Federal Register.
            ``(2) Deemed fulfilled.--For a major Federal action deemed 
        to have fulfilled the requirements of this title under 
        subsection (d)(2)(A), all authorizations required under any 
        other Federal law shall be issued not later than 90 days after 
        the date on which the requirements were deemed to have been 
        fulfilled under that subsection.''.
            (2) Conforming amendments.--Section 102(2) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) (as 
        amended by subsection (a)) is amended--
                    (A) in subparagraph (C)--
                            (i) in the matter preceding clause (i), by 
                        striking ``a detailed statement'' and inserting 
                        ``an environmental impact statement''; and
                            (ii) in the undesignated matter following 
                        clause (iii), in the first sentence, by 
                        striking ``Prior to making any detailed 
                        statement'' and inserting ``Prior to preparing 
                        an environmental impact statement''; and
                    (B) in subparagraph (F)--
                            (i) in the matter preceding clause (i), by 
                        striking ``detailed statement'' and inserting 
                        ``environmental impact statement''; and
                            (ii) in clause (iv), by striking ``detailed 
                        statement'' and inserting ``environmental 
                        impact statement''.
    (e) Environmental Assessment Requirements.--Title I of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as amended 
by subsection (d)(1)) is amended by adding at the end the following:

``SEC. 108. ENVIRONMENTAL ASSESSMENT REQUIREMENTS.

    ``(a) Statement of Purpose and Need.--
            ``(1) In general.--Subject to paragraph (2), an 
        environmental assessment shall briefly specify--
                    ``(A) the underlying purpose and need to which a 
                Federal agency is responding; and
                    ``(B) the proposed agency action and the effects of 
                the proposed agency action.
            ``(2) Statutory authority.--When the statutory duty of a 
        Federal agency is to review an application for a proposed 
        agency action, the Federal agency shall base the purpose and 
        need to which the Federal agency is responding on the goals of 
        the project sponsor and the authority of the Federal agency.
    ``(b) Time Limit for Preparing and Environmental Assessment.--
            ``(1) In general.--Not later than 1 year after the date on 
        which a Federal agency decides to prepare an environmental 
        assessment for a proposed agency action, the Federal agency 
        shall publish in the Federal Register--
                    ``(A) a notice of availability of the environmental 
                assessment; and
                    ``(B) the associated finding of no significant 
                impact or notice of availability of the associated 
                finding of no significant impact or notice of intent, 
                as applicable.
            ``(2) Failure to act.--
                    ``(A) In general.--If a Federal agency fails to 
                publish a notice of availability of the environmental 
                assessment and associated finding of no significant 
                impact or notice of intent, as applicable, in 
                accordance with the timeline described in paragraph 
                (1), and the timeline has not been extended in 
                accordance with paragraph (3), the proposed agency 
                action shall be deemed to have no significant impacts 
                and the requirements of this title shall be deemed to 
                have been fulfilled for that proposed agency action.
                    ``(B) No judicial review.--A proposed agency action 
                deemed to have no significant impacts and to fulfill 
                the requirements of this title under subparagraph (A) 
                shall not be subject to judicial review under this 
                title or subchapter II of chapter 5, and chapter 7, of 
                title 5, United States Code (commonly known as the 
                `Administrative Procedure Act').
            ``(3) Extension.--The timeline established under paragraph 
        (1) may only be extended if--
                    ``(A) the extension is requested, in writing, by 
                the project sponsor; and
                    ``(B) the Federal agency concurs, in writing, with 
                the extension.
            ``(4) Deadline for issuance of authorizations.--
                    ``(A) Materials published.--For a proposed agency 
                action for which the materials described in 
                subparagraphs (A) and (B) of paragraph (1) were 
                published in the Federal Register, all authorizations 
                required under any other Federal law shall be issued 
                not later than 90 days after the date on which those 
                materials were published.
                    ``(B) Deemed to have no significant impacts.--For a 
                proposed agency action that is deemed to have no 
                significant impacts and for which the requirements of 
                this title are deemed to have been fulfilled under 
                paragraph (2)(A), all authorizations required under any 
                other Federal law shall be issued not later than 90 
                days after the date on which the proposed agency action 
                was so deemed under that paragraph.
    ``(c) Page Limits.--An environmental assessment shall not exceed 75 
pages, unless otherwise approved and established, in writing, by the 
head of the lead agency.''.
    (f) Adoption of Categorical Exclusions.--Title I of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as amended 
by subsection (e)) is amended by adding at the end the following:

``SEC. 110. ADOPTION OF CATEGORICAL EXCLUSIONS.

    ``A categorical exclusion established by a Federal agency for a 
category of proposed agency actions shall be adopted by all other 
Federal agencies and applied to any proposed agency action that is 
within the category of proposed agency actions for which the 
categorical exclusion was established.''.
    (g) Efficient Reviews.--Title I of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as amended by subsection 
(f)) is amended by adding at the end the following:

``SEC. 111. EFFICIENT REVIEWS.

    ``(a) Designation of Lead Agency.--
            ``(1) In general.--If there are 2 or more involved Federal 
        agencies that have authority with respect to a proposed agency 
        action, the involved Federal agencies shall determine, by 
        letter or memorandum, which Federal agency shall be the Federal 
        lead agency based on consideration of the following factors:
                    ``(A) Magnitude of the involvement of each Federal 
                agency.
                    ``(B) Special expertise concerning the effects of 
                the proposed agency action.
                    ``(C) Duration of the involvement of each Federal 
                agency.
            ``(2) Joint lead agencies.--
                    ``(A) In general.--In making a determination under 
                paragraph (1), the involved Federal agencies may 
                appoint State, Tribal, or local agencies as joint lead 
                agencies, as determined appropriate by the involved 
                Federal agencies.
                    ``(B) Roles.--Joint lead agencies shall jointly 
                fulfill the role described in paragraph (3).
            ``(3) Role.--A lead agency shall, with respect to a 
        proposed agency action--
                    ``(A) supervise the preparation of an environmental 
                document if, with respect to the proposed agency 
                action, there is more than 1 involved Federal agency;
                    ``(B) request the participation of each cooperating 
                agency at the earliest practicable time;
                    ``(C) in preparing an environmental document, give 
                consideration to any analysis or proposal created by a 
                cooperating agency with jurisdiction by law or with 
                special expertise;
                    ``(D) develop a schedule with concurrent reviews, 
                in consultation with each involved Federal agency, the 
                project sponsor, and such other entities as the lead 
                agency determines appropriate, for completion of any 
                environmental review or authorization relating to the 
                proposed agency action;
                    ``(E) if the lead agency determines that an 
                authorization will not be completed in accordance with 
                the schedule developed under subparagraph (D), notify 
                the Federal agency responsible for issuing the 
                authorization and request that the agency take such 
                measures as the agency determines appropriate to comply 
                with the schedule; and
                    ``(F) meet with a cooperating agency that requests 
                a meeting.
            ``(4) Cooperating agency.--
                    ``(A) Designation.--The lead agency may, with 
                respect to a proposed agency action, designate any 
                involved Federal agency or a State, Tribal, or local 
                agency as a cooperating agency.
                    ``(B) Submission of comments.--A cooperating agency 
                may, not later than a date specified by the lead 
                agency, submit comments to the lead agency, which shall 
                be limited to matters relating to the proposed agency 
                action with respect to which the cooperating agency has 
                special expertise or jurisdiction by law with respect 
                to an environmental issue.
            ``(5) Request for designation of a federal lead agency.--
                    ``(A) In general.--A project sponsor or any Federal 
                agency or State, Tribal, or local agency that is 
                substantially affected by the lack of a designation of 
                a lead agency with respect to a proposed agency action 
                under paragraph (1) may submit a written request for 
                such a designation to each involved Federal agency.
                    ``(B) Submission.--An agency that receives a 
                request under subparagraph (A) shall submit the request 
                to each involved Federal agency and the Council.
            ``(6) Council designation of a federal lead agency.--
                    ``(A) Request.--
                            ``(i) In general.--Not earlier than 45 days 
                        after the date on which a request is submitted 
                        under paragraph (5), if no designation has been 
                        made under paragraph (1), the project sponsor 
                        or a Federal agency or State, Tribal, or local 
                        agency that is substantially affected by the 
                        lack of a designation of a lead agency may 
                        request that the Council designate a Federal 
                        lead agency.
                            ``(ii) Requirements.--A request made under 
                        clause (i) shall include--
                                    ``(I) a precise description of the 
                                nature and extent of the proposed 
                                agency action; and
                                    ``(II) a detailed statement with 
                                respect to each involved Federal agency 
                                and each factor described in 
                                subparagraphs (A) through (D) of 
                                paragraph (1) with respect to which 
                                Federal agency should serve as the 
                                Federal lead agency.
                    ``(B) Submission.--The Council shall submit a 
                request received under subparagraph (A) to each 
                involved Federal agency.
                    ``(C) Response.--An involved Federal agency may, 
                not later than 20 days after the date of the submission 
                of a request under subparagraph (A), submit to the 
                Council a response to the request.
                    ``(D) Designation.--Not later than 40 days after 
                the date on which an agency or a project sponsor 
                submits a request under subparagraph (A)(i), the 
                Council shall designate the Federal lead agency with 
                respect to the applicable proposed agency action.
    ``(b) Single Environmental Document and Joint Record of Decision.--
            ``(1) In general.--Except as provided in paragraph (4), all 
        authorizations relating to a proposed agency action shall rely 
        on a single environmental document and joint record of decision 
        for each kind of environmental document and joint record of 
        decision prepared under this title under the leadership of a 
        lead agency.
            ``(2) Use of environmental document and record of 
        decision.--
                    ``(A) In general.--The lead agency shall develop 
                environmental documents and records of decision 
                sufficient to satisfy the requirements for any 
                authorization or other action required for or related 
                to a proposed agency action, including authorizations 
                by other Federal agencies.
                    ``(B) Cooperation of involved federal agencies.--
                Involved Federal agencies shall--
                            ``(i) cooperate with the lead agency; and
                            ``(ii) provide timely information to assist 
                        the lead agency in carrying out the 
                        requirements of this subsection.
            ``(3) Treatment as involved federal agencies.--A Federal 
        agency with responsibility to issue an authorization or take an 
        action for or related to a proposed agency action shall work 
        with the lead agency to ensure that the agency issuing the 
        authorization or taking the action is treated as an involved 
        Federal agency for the action.
            ``(4) Exceptions.--The lead agency may waive the 
        requirements of paragraph (1) with respect to a proposed agency 
        action if--
                    ``(A) the project sponsor requests that agencies 
                issue separate environmental documents; or
                    ``(B) the obligations of a cooperating agency or 
                other involved Federal agency under this title have 
                already been satisfied with respect to the proposed 
                agency action.
    ``(c) Scope of Review.--In developing an environmental document for 
a proposed agency action, the lead agency and any other involved 
Federal agencies shall only consider the effects of the proposed agency 
action that--
            ``(1) occur on Federal land; or
            ``(2) are subject to Federal control and responsibility.
    ``(d) Project Sponsor Preparation.--
            ``(1) In general.--A lead agency shall allow a project 
        sponsor to prepare an environmental document for a proposed 
        agency action on request of the project sponsor.
            ``(2) Guidance.--A lead agency may provide a project 
        sponsor that elects to prepare an environmental document under 
        paragraph (1) with appropriate guidance and assistance in the 
        preparation of that environmental document.
            ``(3) Independent verification.--A lead agency shall--
                    ``(A) independently evaluate the environmental 
                document prepared by a project sponsor under paragraph 
                (1); and
                    ``(B) take responsibility for the contents of the 
                environmental document on adoption.''.
    (h) Judicial Review.--Title I of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4331 et seq.) (as amended by subsection (g)) is 
amended by adding at the end the following:

``SEC. 112. JUDICIAL REVIEW.

    ``(a) Definition of Covered Cause of Action.--In this section, the 
term `covered cause of action' means a cause of action that--
            ``(1) is filed on or after the date of enactment of this 
        section; and
            ``(2) seeks judicial review--
                    ``(A) of a record of decision or finding of no 
                significant impact based on a claim that an 
                environmental review was improperly conducted or an 
                environmental document is invalid under subchapter II 
                of chapter 5, and chapter 7, of title 5, United States 
                Code (commonly known as the `Administrative Procedure 
                Act'); or
                    ``(B) under Federal law of an authorization issued 
                under section 107(g) or 108(b)(4).
    ``(b) Termination of Cause of Action.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Fully constructed.--The term `fully 
                constructed', with respect to a project or activity, 
                means that construction of the project or activity was 
                completed--
                            ``(i) on the date of enactment of this 
                        section; or
                            ``(ii) at some point during the 180-day 
                        period preceding that date of enactment.
                    ``(B) Operational.--The term `operational', with 
                respect to a project or activity, means that the 
                project or activity is in operation in some form, 
                including test mode--
                            ``(i) on the date of enactment of this 
                        section; or
                            ``(ii) at some point during the 180-day 
                        period preceding that date of enactment.
            ``(2) Termination.--Any claim (including any claim pending 
        in a court on the date of enactment of this section) that seeks 
        judicial review of a record of decision or finding of no 
        significant impact based on an objection that an environmental 
        review was improperly conducted, and any claim that seeks 
        judicial review of an environmental document as invalid under 
        subchapter II of chapter 5, and chapter 7, of title 5, United 
        States Code (commonly known as the `Administrative Procedure 
        Act'), shall be moot and barred on the date of enactment of 
        this section if--
                    ``(A) a record of decision or finding of no 
                significant impact has been issued by a Federal agency 
                at the time at which the project or activity began; and
                    ``(B) the project or activity for which the record 
                of decision or finding of no significant impact was 
                issued is fully constructed or operational.
    ``(c) Deadline for Filing.--
            ``(1) In general.--Notwithstanding any other provision of 
        Federal law, a covered cause of action shall be filed by the 
        date that is 60 days after--
                    ``(A) the date on which the lead agency publishes 
                in the Federal Register the record of decision or 
                notice of availability of the record of decision, in 
                the case of an environmental review resulting in a 
                final environmental impact statement;
                    ``(B) the date on which the Federal lead agency 
                publishes in the Federal Register a finding of no 
                significant impact or notice of availability of the 
                finding of no significant impact, in the case of an 
                environmental review resulting in a finding of no 
                significant impact; or
                    ``(C) the date on which a Federal agency issues an 
                authorization, in the case of an authorization issued 
                under section 107(g) or 108(b)(4).
            ``(2) Prohibition.--A covered cause of action that is not 
        filed by the deadline described in paragraph (1) shall be 
        barred.
    ``(d) Deadline for Resolution.--A district court of the United 
States shall render a final judgment on a covered cause of action--
            ``(1) as expeditiously as practicable; and
            ``(2) not later than the date that is 180 days after the 
        date on which the covered cause of action is filed.
    ``(e) Appellate Review.--A court of appeals of the United States 
shall render final judgment on a covered cause of action subject to its 
original jurisdiction or an interlocutory order or final judgment, 
decree, or order of a district court of the United States in a covered 
cause of action--
            ``(1) as expeditiously as practicable; and
            ``(2) not later than the date that is 180 days after the 
        date on which the applicable interlocutory order or final 
        judgment, decree, or order of the district court was issued.
    ``(f) Remanded Actions.--
            ``(1) In general.--If a court of competent jurisdiction 
        remands a record of decision, a finding of no significant 
        impact, or an authorization under this title to a Federal 
        agency, the court shall set a reasonable schedule and deadline 
        for the Federal agency to act on remand, which shall not exceed 
        180 days from the date on which the order of the court was 
        issued.
            ``(2) Expedited treatment of remanded actions.--The head of 
        the Federal agency to which a court remands a record of 
        decision, a finding of no significant impact, or an 
        authorization under paragraph (1) shall take such actions as 
        may be necessary to provide for the expeditious disposition of 
        the action on remand in accordance with the schedule and 
        deadline set by the court under that paragraph.
    ``(g) Random Assignment of Cases.--To the maximum extent 
practicable, district courts of the United States and courts of appeals 
of the United States shall randomly assign cases seeking judicial 
review in a covered cause of action to judges appointed, designated, or 
assigned to sit as judges of the court in a manner to avoid the 
appearance of favoritism or bias.
    ``(h) Effect.--Nothing in this section--
            ``(1) establishes a right to judicial review; or
            ``(2) places any limit on filing a claim that a person has 
        violated the terms of an authorization.
    ``(i) Application of Categorical Exclusions Not Subject to Judicial 
Review.--Notwithstanding any other provision of law, the application of 
a categorical exclusion to a final agency action by a Federal agency 
shall not be subject to judicial review under this title or subchapter 
II of chapter 5, and chapter 7, of title 5, United States Code 
(commonly known as the `Administrative Procedure Act').
    ``(j) Treatment of Supplemental or Revised Environmental Documents 
and Records of Decision.--For purposes of a covered cause of action--
            ``(1) a supplemental or revised environmental document or 
        record of decision for a proposed agency action, when required, 
        shall be considered to be a separate environmental document or 
        record of decision; and
            ``(2) the deadline for filing a claim for judicial review 
        of an environmental document or record of decision described in 
        paragraph (1) shall be the date that is 60 days after the date 
        of publication in the Federal Register of a notice of 
        availability of the environmental document or record of 
        decision, unless a shorter time is specified in the Federal law 
        pursuant to which judicial review is authorized.''.

SEC. 3. CLEAN WATER ACT PERMITTING AND STATE CERTIFICATION.

    (a) In General.--Section 401 of the Federal Water Pollution Control 
Act (33 U.S.C. 1341) is amended--
            (1) in subsection (d), by striking ``(d) Any 
        certification'' and inserting the following:
    ``(e) Limitations and Monitoring Requirements of Certification.--
Any certification'';
            (2) in subsection (c), by striking ``(c) In order'' and 
        inserting the following:
    ``(d) Authority of Secretary of the Army To Permit Use of Spoil 
Disposal Areas by Federal Licensees or Permittees.--In order'';
            (3) in subsection (b), by striking ``(b) Nothing'' and 
        inserting the following:
    ``(c) Compliance With Other Provisions of Law Setting Applicable 
Water Quality Requirements.--Nothing'';
            (4) by striking the heading and section designation and all 
        that follows through ``may be.'' at the end of subsection 
        (a)(1) and inserting the following:

``SEC. 401. CERTIFICATION.

    ``(a) Definition of Water Quality Requirements.--In this section, 
the term `water quality requirements' means--
            ``(1) the applicable provisions of sections 301, 302, 303, 
        306, and 307; and
            ``(2) any applicable State or Tribal regulatory 
        requirements for point source discharges into waters of the 
        United States.
    ``(b) State Certifications.--
            ``(1) Certification required.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Certification application.--The term 
                        `certification application' means a request 
                        from an applicant for a certification described 
                        in subparagraph (B).
                            ``(ii) Certifying authority.--The term 
                        `certifying authority', with respect to a 
                        certification application, means, as 
                        applicable--
                                    ``(I) the State or interstate 
                                agency to which the certification 
                                application was submitted; or
                                    ``(II) if no State or interstate 
                                agency has the authority to provide the 
                                certification described in subparagraph 
                                (B), the Administrator.
                    ``(B) Compliance with limitations.--
                            ``(i) Certification source.--
                                    ``(I) In general.--Any applicant 
                                for a Federal license or permit to 
                                conduct an activity, including the 
                                construction or operation of 
                                facilities, that may result in a 
                                discharge from a point source into the 
                                waters of the United States shall 
                                provide to the Federal licensing or 
                                permitting agency a certification from 
                                the State in which the discharge 
                                originates or will originate or, if 
                                appropriate, the interstate water 
                                pollution control agency with 
                                jurisdiction over the waters of the 
                                United States at the point where the 
                                discharge originates or will originate 
                                that the discharge will comply with 
                                water quality requirements.
                                    ``(II) Certification by 
                                administrator.--If no State or 
                                interstate water pollution control 
                                agency has the authority to give a 
                                certification described in subclause 
                                (I), the Administrator is authorized to 
                                provide the certification to the 
                                Federal licensing or permitting agency.
                            ``(ii) Certification of no limitation and 
                        standard.--
                                    ``(I) In general.--In the case of 
                                any discharge described in clause (i) 
                                for which there is not an applicable 
                                effluent limitation or other limitation 
                                under sections 301(b) and 302 and for 
                                which there is not an applicable 
                                standard under sections 306 and 307, 
                                the certifying authority shall so 
                                certify.
                                    ``(II) Effect.--A certification 
                                under subclause (I) does not satisfy 
                                section 511(c).
                            ``(iii) Certification required.--
                                    ``(I) Activity prohibited until 
                                certification.--Activity for which a 
                                certification is required under this 
                                subparagraph may not begin until the 
                                certification has been obtained, unless 
                                the requirement for the certification 
                                has been waived in accordance with this 
                                paragraph.
                                    ``(II) Effect of denial.--If a 
                                certifying authority denies a 
                                certification application, the Federal 
                                license or permit for which the 
                                certification application was made may 
                                not be granted.
                            ``(iv) Scope of certification.--The scope 
                        of a certification provided under this section 
                        shall be limited to ensuring that a discharge 
                        from a federally licensed or permitted activity 
                        complies with water quality requirements.
                    ``(C) Required procedures.--
                            ``(i) Notice and hearings.--Each certifying 
                        authority shall establish procedures for--
                                    ``(I) public notice in the case of 
                                all certification applications;
                                    ``(II) to the extent the certifying 
                                authority determines to be appropriate, 
                                public hearings in connection with 
                                specific certification applications; 
                                and
                                    ``(III) a prefiling meeting as 
                                described in clause (ii).
                            ``(ii) Prefiling meeting.--
                                    ``(I) Request.--Before submitting a 
                                certification application, the 
                                prospective applicant may request a 
                                prefiling meeting with the certifying 
                                authority--
                                            ``(aa) to ensure that the 
                                        certifying authority receives 
                                        early notification of projects 
                                        for which a certification under 
                                        subparagraph (B) is necessary; 
                                        and
                                            ``(bb) to discuss 
                                        informational needs with the 
                                        certifying authority before 
                                        submitting the application.
                                    ``(II) Response required.--If a 
                                prospective applicant requests a 
                                prefiling meeting with a certifying 
                                authority pursuant to subclause (I), 
                                the certifying authority shall--
                                            ``(aa) respond to the 
                                        request not later than 30 days 
                                        after the date on which the 
                                        request is received; and
                                            ``(bb) hold the prefiling 
                                        meeting with the prospective 
                                        applicant not later than 60 
                                        days after the date on which 
                                        the request is received.
                            ``(iii) Denials of certification.--
                                    ``(I) Individual licenses and 
                                permits.--If a certifying authority 
                                denies a certification application for 
                                an individual license or permit, the 
                                certifying authority is authorized to 
                                provide to the applicable Federal 
                                licensing or permitting agency--
                                            ``(aa) the specific water 
                                        quality requirements with which 
                                        the discharge will not comply;
                                            ``(bb) a statement 
                                        explaining why the discharge 
                                        will not comply with the 
                                        identified water quality 
                                        requirements; and
                                            ``(cc) if the denial is due 
                                        to insufficient information, a 
                                        description of the specific 
                                        water quality data or 
                                        information, if any, that would 
                                        be needed to ensure that the 
                                        discharge from the proposed 
                                        project will comply with water 
                                        quality requirements.
                                    ``(II) General licenses or 
                                permits.--If a certifying authority 
                                denies a certification application for 
                                a general license or permit, the 
                                certifying authority shall provide to 
                                the applicable Federal licensing or 
                                permitting agency--
                                            ``(aa) the specific water 
                                        quality requirements with which 
                                        discharges that could be 
                                        authorized by the general 
                                        license or permit will not 
                                        comply;
                                            ``(bb) a statement 
                                        explaining why discharges that 
                                        could be authorized by the 
                                        general license or permit will 
                                        not comply with the identified 
                                        water quality requirements; and
                                            ``(cc) if the denial is due 
                                        to insufficient information, a 
                                        description of the specific 
                                        water quality data or 
                                        information, if any, that would 
                                        be needed to assure that the 
                                        range of discharges that could 
                                        be authorized by the general 
                                        license or permit from 
                                        potential projects will comply 
                                        with water quality 
                                        requirements.
                    ``(D) Review period.--
                            ``(i) In general.--Subject to clause (iii), 
                        a licensing or permitting agency shall, 
                        categorically or on a case-by-case basis for 
                        each certification application, establish a 
                        reasonable period of time (not to exceed 1 year 
                        from the date of receipt of the certification 
                        application) within which a certifying 
                        authority shall issue a final action on the 
                        certification application.
                            ``(ii) Failure to act.--If a certifying 
                        authority fails or refuses to issue a final 
                        action as described in subparagraph (F) on a 
                        certification application by the end of the 
                        reasonable period of time established under 
                        clause (i) and the reasonable period of time 
                        has not been extended in accordance with clause 
                        (iii), the requirement for a certification 
                        under subparagraph (B) shall be waived.
                            ``(iii) Requirement for extension.--With 
                        respect to a certification application, the 
                        reasonable period of time established under 
                        clause (i) may only be extended if--
                                    ``(I) the extension is requested, 
                                in writing, by the applicant; and
                                    ``(II) the certifying authority 
                                concurs, in writing, with the 
                                extension.
                    ``(E) Waiver of certification requirement.--
                            ``(i) In general.--A certifying authority 
                        may, at any time during the reasonable period 
                        of time described in subparagraph (D), 
                        affirmatively waive the requirement for a 
                        certification under subparagraph (B).
                            ``(ii) No judicial review.--Notwithstanding 
                        any other provision of Federal law, including 
                        any provision of this section, a waiver 
                        pursuant to clause (i) shall not be subject to 
                        judicial review.
                    ``(F) Final action.--
                            ``(i) In general.--Not later than the date 
                        on which the reasonable period of time 
                        established under subparagraph (D) for a 
                        certification application ends or on the date 
                        of a waiver pursuant to subparagraph (E)(i), as 
                        applicable, the certifying authority or Federal 
                        licensing or permitting authority, as 
                        applicable, shall apply only 1 of the following 
                        final actions to the certification application:
                                    ``(I) The certification application 
                                is granted.
                                    ``(II) The certification 
                                application is granted with conditions.
                                    ``(III) The certification 
                                application is denied.
                                    ``(IV) The certification 
                                requirements under subparagraph (B) 
                                have been waived in accordance with 
                                subparagraph (D) or (E) with respect to 
                                the activity for which the 
                                certification application was 
                                submitted.
                            ``(ii) No other final actions.--No other 
                        final action may apply to a certification 
                        application except as described in clause (i).
                    ``(G) Enforcement of conditions.--The licensing or 
                permitting authority to which a certification under 
                this subsection was issued may enforce any conditions 
                included with that certification.
                    ``(H) Timeline for action.--If a Federal court 
                remands or vacates a certification under this 
                paragraph, the Federal court shall set and enforce a 
                reasonable schedule and deadline, not to exceed 180 
                days from the date on which the Federal court remands 
                or vacates the certification, for the certifying agency 
                to act on the remand or vacatur.''; and
            (5) in subsection (b) (as so redesignated)--
                    (A) in paragraph (2), by striking ``(2) Upon 
                receipt'' and inserting the following:
            ``(2) Notice to administrator; effect on other states.--On 
        receipt'';
                    (B) in paragraph (3), by striking ``(3) The 
                certification'' and inserting the following:
            ``(3) Fulfillment of requirements.--The certification'';
                    (C) in paragraph (4), by striking ``(4) Prior to'' 
                and inserting the following:
            ``(4) Review for compliance.--Prior to'';
                    (D) in paragraph (5), by striking ``(5) Any 
                Federal'' and inserting the following:
            ``(5) Suspension and revocation.--Any Federal''; and
                    (E) in paragraph (6), by striking ``(6) Except 
                with'' and inserting the following:
            ``(6) Applicability to certain facilities.--Except with''.
    (b) Conforming Amendment.--Section 217(b)(2) of the Water Resources 
Development Act of 1996 (33 U.S.C. 2326a(b)(2)) is amended by striking 
``section 401(c) of the Federal Water Pollution Control Act (33 U.S.C. 
1341(c))'' and inserting ``subsection (d) of section 401 of the Federal 
Water Pollution Control Act (33 U.S.C. 1341)''.

SEC. 4. DEFINITION OF NAVIGABLE WATERS.

    (a) In General.--Section 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362) is amended--
            (1) by striking the heading and section designation and all 
        that follows through ``Act:'' in the matter preceding paragraph 
        (1) and inserting the following:

``SEC. 502. GENERAL DEFINITIONS.

    ``In this Act:'';
            (2) by indenting the margins of each of paragraphs (1) 
        through (20) appropriately;
            (3) in each of paragraphs (1), (2), (3), (4), (5), (6), 
        (8), (9), (10), (11), (13), (14), (15), (16), (17), (18), (19), 
        and (20), by inserting a paragraph heading, the text of which 
        comprises the term defined in the paragraph;
            (4) in paragraph (12), by striking ``(12) The term'' and 
        inserting the following:
            ``(12) Discharge of a pollutant; discharge of pollutants.--
        The term'';
            (5) by redesignating paragraphs (1) through (27) as 
        paragraphs (24), (10), (23), (12), (17), (19), (13), (25), (3), 
        (14), (6), (5), (26), (18), (1), (4), (22), (9), (20), (11), 
        (2), (7), (16), (15), (21), (27), and (8), respectively, and 
        moving the paragraphs so as to appear in numerical order; and
            (6) by striking paragraph (13) (as so redesignated) and 
        inserting the following:
            ``(13) Navigable waters; waters of the united states.--
                    ``(A) In general.--The terms `navigable waters' and 
                `waters of the United States' mean--
                            ``(i) the territorial seas;
                            ``(ii) a body of water, including a body of 
                        water subject to the ebb and flow of the tide, 
                        that--
                                    ``(I) is used in interstate or 
                                foreign commerce;
                                    ``(II) has previously been used in 
                                interstate or foreign commerce; or
                                    ``(III) may be susceptible for use 
                                in interstate or foreign commerce;
                            ``(iii) a tributary;
                            ``(iv) a lake, pond, or covered 
                        impoundment; and
                            ``(v) adjacent wetland.
                    ``(B) Exclusions.--The terms `navigable waters' and 
                `waters of the United States' do not include--
                            ``(i) a body of water or a water feature 
                        that is not described in subparagraph (A);
                            ``(ii) groundwater, including groundwater 
                        drained through a subsurface drainage system;
                            ``(iii) an ephemeral feature, including an 
                        ephemeral stream, swale, gully, rill, or pool;
                            ``(iv) diffuse stormwater run-off and 
                        directional sheet flow over upland;
                            ``(v) a ditch that is not described in 
                        clause (i), (ii), or (iii) of subparagraph (A);
                            ``(vi) the portion of a ditch constructed 
                        in an adjacent wetland that does not meet the 
                        requirements described in subparagraph (C)(i);
                            ``(vii) prior converted cropland;
                            ``(viii) an artificially irrigated area, 
                        including a field flooded for agricultural 
                        production, that would revert to upland if the 
                        application of irrigation waters to that areas 
                        cease;
                            ``(ix) an artificial lake or pond, 
                        including a water storage reservoir and a farm, 
                        irrigation, stock watering, or log cleaning 
                        pond, that is constructed or excavated in 
                        upland or in a body of water that is not 
                        otherwise described in subparagraph (A), if the 
                        artificial lake or pond is not otherwise a 
                        lake, pond, or covered impoundment;
                            ``(x) a water-filled depression constructed 
                        or excavated in upland or in a body of water 
                        that is not otherwise described in subparagraph 
                        (A) that is incidental to mining or 
                        construction activity;
                            ``(xi) a pit excavated in upland or in a 
                        body of water that is not otherwise described 
                        in subparagraph (A) to obtain fill, sand, or 
                        gravel;
                            ``(xii) a stormwater control feature 
                        constructed or excavated in upland or in a body 
                        of water that is not otherwise described in 
                        subparagraph (A) to convey, treat, infiltrate, 
                        or store stormwater runoff;
                            ``(xiii) a groundwater recharge, water 
                        reuse, or wastewater recycling structure, 
                        including a detention, retention, or 
                        infiltration basin or pond, that is constructed 
                        or excavated in upland or in a body of water 
                        that is not otherwise described in subparagraph 
                        (A); or
                            ``(xiv) a waste treatment system.
                    ``(C) Associated definitions.--In this paragraph:
                            ``(i) Adjacent wetland.--
                                    ``(I) In general.--The term 
                                `adjacent wetland' means a wetland 
                                that--
                                            ``(aa) touches at least 1 
                                        point or side of a body of 
                                        water described in clause (i), 
                                        (ii), (iii), or (iv) of 
                                        subparagraph (A);
                                            ``(bb) is inundated by 
                                        flooding from a body of water 
                                        described in clause (i), (ii), 
                                        (iii), or (iv) of subparagraph 
                                        (A) in a typical year; or
                                            ``(cc) is physically 
                                        separated from a body of water 
                                        described in clause (i), (ii), 
                                        (iii), or (iv) of subparagraph 
                                        (A) only by--

                                                    ``(AA) a natural 
                                                berm, bank, dune, or 
                                                similar natural 
                                                feature; or

                                                    ``(BB) an 
                                                artificial dike, an 
                                                artificial barrier, or 
                                                a similar artificial 
                                                structure, if that 
                                                structure allows for a 
                                                direct hydrologic 
                                                surface connection 
                                                between the wetland and 
                                                the body of water 
                                                described in clause 
                                                (i), (ii), (iii), or 
                                                (iv) of subparagraph 
                                                (A) during a typical 
                                                year, such as through a 
                                                culvert, flood or tide 
                                                gate, pump, or similar 
                                                artificial feature.

                                    ``(II) Effect of roads and other 
                                structures.--For the purposes of 
                                subparagraph (A)(v), the division of an 
                                adjacent wetland by a road or similar 
                                artificial structure does not prevent 
                                the adjacent wetland in its entirety 
                                from being a navigable water or water 
                                of the United States if the road or 
                                similar artificial structure allows for 
                                a direct hydrologic surface connection 
                                through or over that structure in a 
                                typical year.
                            ``(ii) Body of water subject to the ebb and 
                        flow of the tide.--
                                    ``(I) In general.--The term `body 
                                of water subject to the ebb and flow of 
                                the tide' means a body of water that 
                                rises and falls in a predictable and 
                                measurable rhythm or cycle due to the 
                                gravitational pulls of the moon and 
                                sun.
                                    ``(II) End of influence.--For 
                                purposes of this clause, a body of 
                                water described in subclause (I) ends 
                                when the rise and fall of the water 
                                surface can no longer be practically 
                                measured in a predictable rhythm due to 
                                masking by hydrologic, wind, or other 
                                effects.
                            ``(iii) Ditch.--The term `ditch' means a 
                        constructed or excavated channel used to convey 
                        water.
                            ``(iv) Ephemeral.--The term `ephemeral' 
                        means surface water flowing or pooling only in 
                        direct response to precipitation, such as rain 
                        or snow fall.
                            ``(v) High tide line.--
                                    ``(I) In general.--The term `high 
                                tide line' means the line of 
                                intersection of the land with the 
                                surface of a body of water at the 
                                maximum height reached by a rising 
                                tide.
                                    ``(II) Inclusion.--The term `high 
                                tide line' includes the maximum height 
                                reached by a spring high tide or other 
                                high tide that occurs with periodic 
                                frequency.
                                    ``(III) Exclusion.--The term `high 
                                tide line' does not include the maximum 
                                height reached as a result of a storm 
                                surge in which there is a departure 
                                from the normal or predicted reach of 
                                the tide due to the piling up of water 
                                against a coast by strong winds, such 
                                as those accompanying a hurricane or 
                                other intense storm.
                                    ``(IV) Methods of determination in 
                                the absence of data.--For purposes of 
                                this clause, in the absence of data on 
                                the high tide line, the high tide line 
                                may be determined by--
                                            ``(aa) a line of oil or 
                                        scum along shore objects;
                                            ``(bb) a more or less 
                                        continuous deposit of fine 
                                        shell or debris on the 
                                        foreshore or berm;
                                            ``(cc) other physical 
                                        markings or characteristics;
                                            ``(dd) vegetation lines;
                                            ``(ee) tidal gages; or
                                            ``(ff) other suitable means 
                                        that delineate the general 
                                        height reached by a rising 
                                        tide.
                            ``(vi) Intermittent.--The term 
                        `intermittent' means surface water that flows 
                        continuously during certain times of the year 
                        and more than in direct response to 
                        precipitation, such as water that flows 
                        seasonally when the groundwater table is 
                        elevated or when snowpack melts.
                            ``(vii) Lake, pond, or covered 
                        impoundment.--
                                    ``(I) In general.--The term `lake, 
                                pond, or covered impoundment' means a 
                                standing body of open water that 
                                contributes surface water flow to a 
                                body of water described in clause (i) 
                                or (ii) of subparagraph (A) during a 
                                typical year through--
                                            ``(aa) direct means; or
                                            ``(bb) 1 or more bodies of 
                                        water described in clause 
                                        (iii), (iv), or (v) of that 
                                        subparagraph.
                                    ``(II) Inclusion.--The term `lake, 
                                pond, or covered impoundment' includes 
                                a body of water described in subclause 
                                (I) that--
                                            ``(aa) contributes surface 
                                        water flow to a downstream body 
                                        of water described in 
                                        subparagraph (A) in a typical 
                                        year through--

                                                    ``(AA) a 
                                                channelized surface 
                                                water feature that is 
                                                not otherwise described 
                                                in that subparagraph;

                                                    ``(BB) a culvert, 
                                                dike, spillway, or 
                                                other similar 
                                                artificial feature; or

                                                    ``(CC) a debris 
                                                pile boulder field, or 
                                                similar natural 
                                                feature; or

                                            ``(bb) is inundated by 
                                        flooding from a body of water 
                                        described in clause (i), (ii), 
                                        (iii), or (iv) of subparagraph 
                                        (A) during a typical year.
                            ``(viii) Ordinary high water mark.--The 
                        term `ordinary high water mark' means a line on 
                        the shore of a body of water--
                                    ``(I) established by the 
                                fluctuations of the water; and
                                    ``(II) indicated by physical 
                                characteristics such as--
                                            ``(aa) a clear, natural 
                                        line impressed on the bank;
                                            ``(bb) shelving;
                                            ``(cc) changes in the 
                                        character of the soil;
                                            ``(dd) destruction of 
                                        terrestrial vegetation;
                                            ``(ee) the presence of 
                                        litter and debris; and
                                            ``(ff) other appropriate 
                                        means that consider the 
                                        characteristics of the 
                                        surrounding areas.
                            ``(ix) Perennial.--The term `perennial' 
                        means surface water that flows continuously 
                        throughout the year.
                            ``(x) Prior converted cropland.--
                                    ``(I) In general.--The term `prior 
                                converted cropland' means an area that, 
                                prior to December 23, 1985, was drained 
                                or otherwise manipulated for the 
                                purpose, or having the effect, of 
                                making production of an agricultural 
                                product possible.
                                    ``(II) Designation by secretary of 
                                agriculture.--For purposes of this 
                                clause--
                                            ``(aa) the Secretary of 
                                        Agriculture may designate an 
                                        area as prior converted 
                                        cropland; and
                                            ``(bb) except as provided 
                                        in subclause (III), the 
                                        Administrator and the Secretary 
                                        shall recognize a designation 
                                        by the Secretary of Agriculture 
                                        under item (aa) for purposes of 
                                        this Act.
                                    ``(III) Exclusion.--
                                            ``(aa) In general.--The 
                                        term `prior converted cropland' 
                                        does not include an area 
                                        described in subclause (I) that 
                                        has, as determined by the 
                                        Secretary, in coordination with 
                                        the heads of other relevant 
                                        Federal agencies, as 
                                        appropriate--

                                                    ``(AA) subject to 
                                                items (bb) and (cc), 
                                                been abandoned; and

                                                    ``(BB) reverted to 
                                                a wetland.

                                            ``(bb) Abandonment.--For 
                                        purposes of subitem (AA) of 
                                        item (aa), an area described in 
                                        that item is considered 
                                        abandoned when the area is not 
                                        used for, or in support of, 
                                        agricultural purposes at least 
                                        once in the 5-year period 
                                        immediately preceding a 
                                        determination described in that 
                                        item.
                                            ``(cc) Final authority.--
                                        Notwithstanding a determination 
                                        by the Secretary of whether an 
                                        area described in subclause (I) 
                                        has been abandoned, the 
                                        Administrator shall have final 
                                        authority to make that 
                                        determination.
                            ``(xi) Secretary.--The term `Secretary' 
                        means the Secretary of the Army, acting through 
                        the Chief of Engineers.
                            ``(xii) Snowpack.--The term `snowpack' 
                        means 1 or more layers of snow that have 
                        accumulated over an extended period of time in 
                        certain geographic regions or at high 
                        elevations, such as in northern climes or in 
                        mountainous regions.
                            ``(xiii) Tributary.--
                                    ``(I) In general.--The term 
                                `tributary' means a river, stream, or 
                                similar naturally occurring surface 
                                water channel that contributes 
                                perennial or intermittent surface water 
                                flow to a body of water described in 
                                clause (i) or (ii) of subparagraph (A) 
                                in a typical year through--
                                            ``(aa) direct means; or
                                            ``(bb) 1 or more bodies of 
                                        water described in clause 
                                        (iii), (iv), or (v) of that 
                                        subparagraph.
                                    ``(II) Inclusion.--
                                            ``(aa) Alteration or 
                                        relocation.--The alteration or 
                                        relocation of a channel 
                                        described in subclause (I) does 
                                        not otherwise modify the status 
                                        of the channel under this 
                                        paragraph if the channel 
                                        continues to meet the 
                                        requirements of subclause (I) 
                                        after that alteration or 
                                        relocation.
                                            ``(bb) Effect of flow 
                                        through certain features.--A 
                                        channel described in subclause 
                                        (I) shall be considered a 
                                        tributary for purposes of this 
                                        clause if the channel 
                                        contributes surface water flow 
                                        in a typical year through--

                                                    ``(AA) a 
                                                channelized surface 
                                                water feature that is 
                                                not otherwise described 
                                                in subparagraph (A);

                                                    ``(BB) a 
                                                subterranean river;

                                                    ``(CC) a culvert, 
                                                dam, tunnel, or similar 
                                                artificial feature; or

                                                    ``(DD) a debris 
                                                pile, boulder field, or 
                                                similar natural 
                                                feature.

                                            ``(cc) Relocation.--A ditch 
                                        that relocates a tributary, is 
                                        constructed in a tributary, or 
                                        is constructed in an adjacent 
                                        wetland is a tributary if the 
                                        ditch meets the requirements of 
                                        subclause (I).
                            ``(xiv) Typical year.--The term `typical 
                        year' means a year within which precipitation 
                        and other climactic variables are within the 
                        normal periodic range (e.g., seasonally, 
                        annually) for the geographic area of the 
                        applicable body of water based on the most 
                        recent 30-year period.
                            ``(xv) Upland.--The term `upland' means a 
                        land area that, under normal circumstances--
                                    ``(I) is not a wetland because it 
                                does not meet the requirements 
                                described in each of items (aa), (bb), 
                                and (cc) of clause (xvii)(I); and
                                    ``(II) does not lie below the 
                                ordinary high water mark or the high 
                                tide line of a body of water described 
                                in subparagraph (A).
                            ``(xvi) Waste treatment system.--The term 
                        `waste treatment system' includes all 
                        components, including lagoons and treatment 
                        ponds (such as settling or cooling ponds), that 
                        are designed to either convey or retain, 
                        concentrate, settle, reduce, or remove 
                        pollutants, either actively or passively, from 
                        wastewater prior to discharge (or eliminating 
                        any such discharge).
                            ``(xvii) Wetland.--
                                    ``(I) In general.--The term 
                                `wetland' means an area--
                                            ``(aa) that is inundated or 
                                        saturated by surface water or 
                                        groundwater;
                                            ``(bb) for which the 
                                        inundation or saturation 
                                        described in item (aa) is at a 
                                        frequency and duration 
                                        sufficient to support, and that 
                                        under normal circumstances does 
                                        support, a prevalence of 
                                        vegetation; and
                                            ``(cc) in which the 
                                        vegetation described in item 
                                        (bb) is typically adapted for 
                                        life in saturated soil 
                                        conditions.
                                    ``(II) Inclusions.--The term 
                                `wetland' includes swamps, marshes, 
                                bogs, and similar areas.''.
    (b) Conforming Amendments.--
            (1) Section 109(e) of the Deep Seabed Hard Mineral 
        Resources Act (30 U.S.C. 1419(e)) is amended--
                    (A) by striking ``section 502(12)(B) of the Clean 
                Water Act'' and inserting ``paragraph (5)(B) of section 
                502 of the Federal Water Pollution Control Act (33 
                U.S.C. 1362)''; and
                    (B) by striking ``to the Clean Water Act'' and 
                inserting ``to the Federal Water Pollution Control Act 
                (33 U.S.C. 1251 et seq.)''.
            (2) Section 501(b) of the Water Resources Development Act 
        of 1992 (33 U.S.C. 1271 note; Public Law 102-580) is amended--
                    (A) in paragraph (2), by striking ``section 502(7) 
                of the Federal Water Pollution Control Act (33 U.S.C. 
                1362(7))'' and inserting ``section 502 of the Federal 
                Water Pollution Control Act (33 U.S.C. 1362)''; and
                    (B) in paragraph (3), by striking ``section 502(6) 
                of the Federal Water Pollution Control Act (33 U.S.C. 
                1362(6))'' and inserting ``section 502 of the Federal 
                Water Pollution Control Act (33 U.S.C. 1362)''.
            (3) Section 309(c)(6) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1319(c)(6)) is amended by striking 
        ``section 502(5) of this Act'' and inserting ``section 502''.
            (4) Section 107(f) of the Ocean Thermal Energy Conversion 
        Act of 1980 (42 U.S.C. 9117(f)) is amended by striking 
        ``section 502(12)(B) of the Federal Water Pollution Control Act 
        of 1972 (33 U.S.C. 1362(12)(B))'' and inserting ``paragraph 
        (5)(B) of section 502 of the Federal Water Pollution Control 
        Act (33 U.S.C. 1362)''.

SEC. 5. PROVIDING REGULATORY CERTAINTY UNDER THE FEDERAL WATER 
              POLLUTION CONTROL ACT.

    (a) Codification of Nationwide Permits.--
            (1) In general.--The Nationwide Permits issued, reissued, 
        or modified, as applicable, in the following final rules of the 
        Corps of Engineers are enacted into law:
                    (A) The final rule of the Corps of Engineers 
                entitled ``Reissuance and Modification of Nationwide 
                Permits'' (86 Fed. Reg. 2744 (January 13, 2021)).
                    (B) The final rule of the Corps of Engineers 
                entitled ``Reissuance and Modification of Nationwide 
                Permits'' (86 Fed. Reg. 73522 (December 27, 2021)).
            (2) Period of applicability.--
                    (A) In general.--Paragraph (1) ceases to be 
                effective March 14, 2026.
                    (B) Effect.--Notwithstanding subparagraph (A), the 
                Nationwide Permits described in paragraph (1) shall 
                remain in effect on and after the date described in 
                that subparagraph until the date on which the 
                Nationwide Permits are reissued or modified.
    (b) National Pollutant Discharge Elimination System.--Section 
402(b)(1)(B) of the Federal Water Pollution Control Act (33 U.S.C. 
1342(b)(1)(B)) is amended by striking ``five years'' and inserting ``10 
years''.
    (c) Certainty on Availability of National Pollutant Discharge 
Elimination System General Permits.--Section 402(a)(3) of the Federal 
Water Pollution Control Act (33 U.S.C. 1342(a)(3)) is amended--
            (1) by striking ``(3) The permit'' and inserting the 
        following:
            ``(3) Terms, conditions, and requirements.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the permit''; and
            (2) by adding at the end the following:
                    ``(B) Exception.--Notwithstanding subsection 
                (b)(1)(B), a general permit issued or reissued by the 
                Administrator on or after September 19, 2017, under the 
                permit program under paragraph (1) shall remain in 
                effect until the date on which the Administrator 
                reissues or modifies that general permit.''.
    (d) Permitting Requirements for Certain Discharges of Fire 
Retardant.--
            (1) Definition of federal land management agency.--In this 
        subsection, the term ``Federal land management agency'' means--
                    (A) the Forest Service;
                    (B) the National Park Service;
                    (C) the Bureau of Land Management;
                    (D) the United States Fish and Wildlife Service;
                    (E) the Bureau of Indian Affairs; and
                    (F) the Federal Emergency Management Agency.
            (2) No permitting required.--Notwithstanding any provision 
        of the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.), a permit under section 402 of that Act (33 U.S.C. 1342) 
        shall not be required for the discharge of fire retardant in 
        connection with fire suppression, control, or prevention 
        activities carried out by a Federal land management agency, a 
        State government, a political subdivision of a State, or a 
        Tribal government.

SEC. 6. PROHIBITION ON RETROACTIVE PERMIT VETOES.

    Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344) is amended by striking subsection (c) and inserting the 
following:
    ``(c) Authority of EPA Administrator.--
            ``(1) Possible prohibition of specification.--Until such 
        time as the Secretary has issued a permit under this section, 
        the Administrator may prohibit the specification (including the 
        withdrawal of specification) of any defined area as a disposal 
        site, and the Administrator may deny or restrict the use of any 
        defined area for specification (including the withdrawal of 
        specification) as a disposal site, whenever the Administrator 
        determines, after notice and opportunity for public hearings, 
        that the discharge of those materials into that area will have 
        an unacceptable adverse effect on municipal water supplies, 
        shellfish beds and fishery areas (including spawning and 
        breeding areas), wildlife, or recreational areas.
            ``(2) Consultation required.--Before making a determination 
        under paragraph (1), the Administrator shall consult with the 
        Secretary.
            ``(3) Written findings required.--The Administrator shall 
        set forth in writing and make public the findings and reasons 
        of the Administrator for making any determination under this 
        subsection.''.

SEC. 7. EFFICIENT CONSULTATIONS UNDER THE ENDANGERED SPECIES ACT OF 
              1973.

    (a) Timelines for Section 7 Consultations.--Section 7(b)(1) of the 
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended--
            (1) in subparagraph (A), by striking ``90-day'' and 
        inserting ``60-day''; and
            (2) in subparagraph (B)--
                    (A) in the matter preceding clause (i)--
                            (i) by striking ``90 days'' and inserting 
                        ``60 days''; and
                            (ii) by striking ``90th day'' and inserting 
                        ``60th day'';
                    (B) in clause (i), in the matter preceding 
                subclause (I), by striking ``150th day'' and inserting 
                ``100th day''; and
                    (C) in clause (ii), by striking ``150 or more'' and 
                inserting ``100 or more''.
    (b) State Assumption of Consultation Responsibilities.--
            (1) Definitions.--In this subsection:
                    (A) Program.--The term ``program'' means the 
                program carried out by the Secretary pursuant to this 
                subsection.
                    (B) Secretary.--The term ``Secretary'' means the 
                Secretary of the Interior.
                    (C) State.--The term ``State'' means--
                            (i) each of the several States of the 
                        United States;
                            (ii) the District of Columbia;
                            (iii) the Commonwealth of Puerto Rico;
                            (iv) Guam;
                            (v) American Samoa;
                            (vi) the Commonwealth of the Northern 
                        Mariana Islands; and
                            (vii) the United States Virgin Islands.
                    (D) State agency.--The term ``State agency'' means 
                any agency, department, board, commission, or other 
                governmental entity in a State with primary 
                jurisdiction over environmental or wildlife management 
                matters in the State, as determined by the Governor of 
                the State.
            (2) Program.--
                    (A) In general.--The Secretary shall carry out a 
                program under which the Secretary may assign 
                consultation responsibilities described in subparagraph 
                (B)(i) to States.
                    (B) Assumption of responsibility.--
                            (i) In general.--Subject to the 
                        requirements of this subsection, with the 
                        written agreement of the Secretary and a State, 
                        which may be in the form of a memorandum of 
                        understanding, the Secretary may assign, and 
                        the State may assume, the consultation 
                        responsibilities of the Secretary within the 
                        boundary of the State under subsections (a), 
                        (b), and (c) of section 7 of the Endangered 
                        Species Act of 1973 (16 U.S.C. 1536).
                            (ii) Procedural and substantive 
                        requirements.--A State shall assume 
                        responsibility under the program subject to the 
                        same procedural and substantive requirements as 
                        would apply if that responsibility were carried 
                        out by the Secretary.
                            (iii) Federal responsibility.--Any 
                        responsibility of the Secretary not explicitly 
                        assumed by the State by written agreement under 
                        the program shall remain the responsibility of 
                        the Secretary.
            (3) State participation.--
                    (A) Participating states.--All States are eligible 
                to participate in the program.
                    (B) Application.--
                            (i) In general.--A State seeking to 
                        participate in the program shall submit to the 
                        Secretary an application at such time, in such 
                        manner, and containing such information as the 
                        Secretary may require, which shall include--
                                    (I) verification of the financial 
                                and legal resources necessary to carry 
                                out the authority that may be granted 
                                to the State under the program;
                                    (II) verification of the personnel 
                                resources or a plan to hire the 
                                personnel, not later than 1 year after 
                                the date on which the application is 
                                approved, necessary to carry out the 
                                authority that may be granted to the 
                                State under the program; and
                                    (III) evidence of the notice and 
                                solicitation of public comment by the 
                                State relating to participation of the 
                                State in the program, including copies 
                                of comments received from that 
                                solicitation.
                            (ii) Denial.--
                                    (I) In general.--The Secretary 
                                shall only deny an application 
                                submitted by a State under clause (i) 
                                if the Secretary determines that the 
                                State does not demonstrate the legal, 
                                financial, or personnel capability to 
                                assume responsibility under the 
                                program.
                                    (II) Denial requirements.--On 
                                denial of an application submitted by a 
                                State under clause (i)--
                                            (aa) the Secretary shall--

                                                    (AA) respond to the 
                                                State in writing, 
                                                identifying the reasons 
                                                for the denial; and

                                                    (BB) at the request 
                                                of the State, provide 
                                                technical assistance to 
                                                the State to address 
                                                the reasons identified 
                                                under subitem (AA); and

                                            (bb) the State may reapply 
                                        in accordance with the 
                                        requirements of clause (i).
                    (C) Public notice.--
                            (i) In general.--Not less than 30 days 
                        before the date of submission of an application 
                        of a State under subparagraph (B)(i), the State 
                        shall, in accordance with the applicable public 
                        notice law of the State--
                                    (I) publish the complete 
                                application of the State; and
                                    (II) provide an opportunity for 
                                public comment on the application, 
                                which shall not exceed 30 days.
                            (ii) Response to comments.--Notwithstanding 
                        any other provision of law, a State shall not 
                        be required to respond to public comments 
                        received under clause (i)(II).
                    (D) Selection criteria.--The Secretary shall 
                approve the application of a State submitted under 
                subparagraph (B)(i) if--
                            (i) the Secretary determines that the State 
                        has demonstrated the legal, financial, and 
                        current or future personnel capability to 
                        assume the responsibility; and
                            (ii) the head of the State agency enters 
                        into a written agreement with the Secretary 
                        described in paragraph (4)(A).
                    (E) Failure to approve or deny application.--If the 
                Secretary fails to make a determination with respect to 
                any application submitted under subparagraph (B)(i) 
                within 180 days after the date on which the Secretary 
                receives that application--
                            (i) the application shall be deemed 
                        approved; and
                            (ii) the Secretary shall--
                                    (I) notify the State that submitted 
                                the application of the approval; and
                                    (II) execute a written agreement 
                                described in paragraph (4)(A).
            (4) Written agreement.--
                    (A) In general.--A written agreement referred to in 
                paragraph (3)(D)(ii) shall--
                            (i) be executed by the Governor or the top-
                        ranking environmental official in the State who 
                        is charged with responsibility for 
                        environmental matters;
                            (ii) be in such form as the Secretary may 
                        prescribe;
                            (iii) provide that the State--
                                    (I) agrees to assume all or part of 
                                the responsibilities of the Secretary 
                                described in paragraph (2)(B);
                                    (II) expressly consents, on behalf 
                                of the State, to accept the 
                                jurisdiction of the Federal courts for 
                                the compliance, discharge, and 
                                enforcement of any responsibility of 
                                the Secretary assumed by the State;
                                    (III) certifies that State laws 
                                (including regulations) are in effect 
                                that--
                                            (aa) authorize the State to 
                                        take the actions necessary to 
                                        carry out the responsibilities 
                                        being assumed; and
                                            (bb) are comparable to 
                                        section 552 of title 5, United 
                                        States Code, including 
                                        providing that any decision 
                                        regarding the public 
                                        availability of a document 
                                        under those State laws is 
                                        reviewable by a court of 
                                        competent jurisdiction; and
                                    (IV) agrees to maintain the 
                                financial resources necessary to carry 
                                out the responsibilities being assumed;
                            (iv) require the State to provide to the 
                        Secretary any information the Secretary 
                        reasonably considers necessary to ensure that 
                        the State is adequately carrying out the 
                        responsibilities assigned to the State;
                            (v) be renewable; and
                            (vi) have a term of--
                                    (I) not more than 5 years; or
                                    (II) 10 years, in the case of a 
                                State that has participated in a 
                                program under this subsection (or under 
                                a predecessor program) for not less 
                                than 10 years.
                    (B) Role of secretary.--The Secretary shall not 
                delegate the responsibilities of the Secretary with 
                respect to entering into a written agreement with a 
                State under subparagraph (A).
            (5) Jurisdiction.--
                    (A) In general.--The district courts of the United 
                States shall have exclusive jurisdiction over any civil 
                action against a State for failure to carry out any 
                responsibility of the State under the program.
                    (B) Legal standards and requirements.--A civil 
                action under subparagraph (A) shall be governed by the 
                legal standards and requirements that would apply in 
                such a civil action against the Secretary had the 
                Secretary taken the actions in question.
                    (C) Intervention.--The Secretary shall have the 
                right to intervene in any action described in 
                subparagraph (A).
            (6) Effect of assumption of responsibility.--A State that 
        assumes responsibility under paragraph (2)(B) shall be solely 
        responsible and solely liable for carrying out, in lieu of and 
        without further approval of the Secretary, the responsibilities 
        assumed under that paragraph, until the Secretary or the State, 
        as applicable, terminates the participation of the State in the 
        program in accordance with subparagraph (A) or (B) of paragraph 
        (11), as applicable.
            (7) Limitations on agreements.--Nothing in this subsection 
        permits a State to assume any rulemaking authority of the 
        Secretary under any Federal law.
            (8) Audits.--
                    (A) In general.--To ensure compliance by a State 
                with any agreement of the State under paragraph 
                (3)(D)(ii) (including compliance by the State with all 
                Federal laws for which responsibility is assumed under 
                paragraph (2)(B)), for each State participating in the 
                program, the Secretary shall--
                            (i) not later than 180 days after the date 
                        of execution of the agreement, meet with the 
                        State to review implementation of the agreement 
                        and discuss plans for the first annual audit;
                            (ii) conduct annual audits during each of 
                        the first 4 years of State participation;
                            (iii) in the case of an agreement period of 
                        greater than 5 years pursuant to paragraph 
                        (4)(A)(vi)(II), conduct an audit covering the 
                        first 5 years of the agreement period; and
                            (iv) ensure that the time period for 
                        completing an audit, from initiation to 
                        completion (including public comment and 
                        responses to those comments), does not exceed 
                        180 days.
                    (B) Public availability and comment.--
                            (i) In general.--An audit conducted under 
                        subparagraph (A) shall be provided to the 
                        public for comment.
                            (ii) Response.--Not later than 60 days 
                        after the date on which the period for public 
                        comment ends--
                                    (I) the Secretary shall respond to 
                                public comments received under clause 
                                (i); and
                                    (II) to the extent necessary, the 
                                applicable State agency may respond to 
                                those comments.
                    (C) Audit team.--
                            (i) In general.--An audit conducted under 
                        subparagraph (A) shall be carried out by an 
                        audit team determined by the Secretary, in 
                        consultation with the State, in accordance with 
                        clause (ii).
                            (ii) Consultation.--Consultation with the 
                        State under clause (i) shall include a 
                        reasonable opportunity for the State to review 
                        and provide comments on the proposed members of 
                        the audit team.
                            (iii) Limitation.--An audit team shall only 
                        include--
                                    (I) qualified staff of regional and 
                                headquarters offices of the United 
                                States Fish and Wildlife Service;
                                    (II) staff of the Department of the 
                                Interior Office of Inspector General; 
                                and
                                    (III) staff of the applicable State 
                                agency.
            (9) Monitoring.--After the fourth year of the participation 
        of a State in the program, the Secretary shall monitor 
        compliance by the State with the written agreement entered into 
        under paragraph (3)(D)(ii), including the provision by the 
        State of financial resources to carry out the written 
        agreement.
            (10) Report to congress.--The Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Natural Resources of the House of Representatives 
        an annual report that describes the administration of the 
        program, which shall include an identification of--
                    (A) the number of active written agreements entered 
                into under paragraph (3)(D)(ii) being carried out;
                    (B) the number of pending written agreements 
                entered into under that paragraph;
                    (C) the number of applications denied under 
                paragraph (3)(B)(ii) and the reasons for those denials, 
                if any; and
                    (D) the results of any audits completed pursuant to 
                paragraph (8) in the year covered by the report.
            (11) Termination.--
                    (A) Termination by the secretary.--The Secretary 
                may terminate the participation of a State in the 
                program if--
                            (i) the Secretary determines that the State 
                        is not adequately carrying out the 
                        responsibilities assigned to the State;
                            (ii) the Secretary provides to the State--
                                    (I) a notification of the 
                                determination of noncompliance;
                                    (II) a period of not less than 120 
                                days to take corrective action as the 
                                Secretary determines to be necessary to 
                                comply with the applicable agreement; 
                                and
                                    (III) on request of the Governor of 
                                the State, a detailed description of 
                                each responsibility in need of 
                                corrective action relating to an 
                                inadequacy identified under clause (i); 
                                and
                            (iii) the State, after the notification and 
                        period provided under clause (ii), fails to 
                        take satisfactory corrective action, as 
                        determined by the Secretary.
                    (B) Termination by the state.--The State may 
                terminate the participation of the State in the program 
                at any time by providing to the Secretary a notice not 
                later than the date that is 90 days before the date of 
                termination, subject to such terms and conditions as 
                the Secretary may provide.
            (12) Capacity building.--The Secretary, in cooperation with 
        relevant State officials, shall provide funding for education, 
        training, peer-exchange, and other initiatives as appropriate--
                    (A) to assist States in developing the capacity to 
                participate in the program; and
                    (B) to promote information sharing and 
                collaboration among States that are participating in 
                the program.
            (13) Agency deemed to be federal agency.--A State agency 
        that is assigned a responsibility under an agreement under the 
        program shall be deemed to be an agency for the purposes of 
        section 2412 of title 28, United States Code.

SEC. 8. NEW SOURCE REVIEW PERMITTING.

    (a) Clarification of Definition of a Modification for Emission Rate 
Increases, Pollution Control, Efficiency, Safety, and Reliability 
Projects.--Paragraph (4) of section 111(a) of the Clean Air Act (42 
U.S.C. 7411(a)) is amended--
            (1) by inserting ``(A)'' before ``The term'';
            (2) by inserting before the period at the end the 
        following: ``. For purposes of the preceding sentence, a change 
        increases the amount of any air pollutant emitted by such 
        source only if the maximum hourly emission rate of an air 
        pollutant that is achievable by such source after the change is 
        higher than the maximum hourly emission rate of such air 
        pollutant that was achievable by such source during any hour in 
        the 10-year period immediately preceding the change''; and
            (3) by adding at the end the following:
                    ``(B) Notwithstanding subparagraph (A), the term 
                `modification' does not include a change at a 
                stationary source that is designed--
                            ``(i) to reduce the amount of any air 
                        pollutant emitted by the source per unit of 
                        production; or
                            ``(ii) to restore, maintain, or improve the 
                        reliability of operations at, or the safety of, 
                        the source,
                except, with respect to either clause (i) or (ii), when 
                the change would be a modification as defined in 
                subparagraph (A) and the Administrator determines that 
                the increase in the maximum achievable hourly emission 
                rate of a pollutant from such change would cause an 
                adverse effect on human health or the environment.''.
    (b) Clarification of Definition of Construction for Prevention of 
Significant Deterioration.--Section 169(2) of the Clean Air Act (42 
U.S.C. 7479(2)) is amended by striking subparagraph (C) and inserting 
the following:
                    ``(C) The term `construction', when used in 
                connection with a major emitting facility, includes a 
                modification (as defined in section 111(a)) at such 
                facility, except that for purposes of this subparagraph 
                a modification does not include a change at a major 
                emitting facility that does not result in a significant 
                emissions increase, or a significant net emissions 
                increase, in annual actual emissions at such 
                facility.''.
    (c) Clarification of Definition of Modifications and Modified for 
Nonattainment Areas.--Section 171 of the Clean Air Act (42 U.S.C. 7501) 
is amended by striking paragraph (4) and inserting the following:
            ``(4) The terms `modifications' and `modified' mean a 
        modification as defined in section 111(a)(4), except that such 
        terms do not include a change at a major emitting facility that 
        does not result in a significant emissions increase, or a 
        significant net emissions increase, in annual actual emissions 
        at such facility.''.
    (d) Rule of Construction.--Nothing in this section or the 
amendments made by this section shall be construed to treat any change 
as a modification for purposes of any provision of the Clean Air Act 
(42 U.S.C. 7401 et seq.) if such change would not have been so treated 
as of the day before the date of enactment of this Act.

SEC. 9. PROHIBITIONS ON USE OF SOCIAL COST OF GREENHOUSE GAS ESTIMATES.

    (a) In General.--In promulgating regulations, issuing guidance, or 
taking any agency action (as defined in section 551 of title 5, United 
States Code) relating to the social cost of greenhouse gases, no 
Federal agency shall adopt or otherwise use any estimates for the 
social cost of carbon, methane, or nitrous oxide that--
            (1) may increase the cost of energy, including the 
        levelized cost of electricity and gasoline prices, as 
        determined through a review by the Energy Information 
        Administration; or
            (2) could prolong the timeline necessary to promulgate that 
        regulation, guidance, or agency action.
    (b) Inclusion.--The estimates referred to in subsection (a) include 
the interim estimates in the document of the Interagency Working Group 
on the Social Cost of Greenhouse Gases entitled ``Technical Support 
Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim 
Estimates under Executive Order 13990'' and dated February 2021.

SEC. 10. POLICY REVIEW UNDER THE CLEAN AIR ACT.

    Section 309 of the Clean Air Act (42 U.S.C. 7609) is amended to 
read as follows:

``SEC. 309. POLICY REVIEW.

    ``(a) Environmental Impact of Proposed Legislation.--
            ``(1) In general.--The Administrator shall review, and 
        comment in writing, on the environmental impact of any matter 
        relating to the duties and responsibilities granted to the 
        authority of the Administrator pursuant to this Act or any 
        other law contained in any legislation proposed by a Federal 
        department.
            ``(2) Publish.--A written comment referred to in paragraph 
        (1) shall be made public at the conclusion of any review 
        conducted under that paragraph.
    ``(b) Unsatisfactory Legislation.--If the Administrator determines 
that any legislation reviewed under subsection (a)(1) is unsatisfactory 
from the standpoint of public health, welfare, or environmental 
quality, the Administrator shall publish the determination of the 
Administrator and the matter shall be referred to the Council on 
Environmental Quality.''.

SEC. 11. DOMESTIC ENERGY INDEPENDENCE REPORT.

    Not later than 120 days after the date of enactment of this Act, 
the Administrator of the Environmental Protection Agency, in 
consultation with the Secretary of Energy, shall submit to Congress a 
report that identifies and assesses regulations promulgated by the 
Administrator of the Environmental Protection Agency during the 15-year 
period ending on the date of enactment of this Act that have--
            (1) reduced the energy independence of the United States;
            (2) increased the regulatory burden for energy producers in 
        the United States;
            (3) decreased the energy output by those energy producers;
            (4) reduced the energy security of the United States; or
            (5) increased energy costs for consumers in the United 
        States.

SEC. 12. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.

    (a) Amendments.--Section 1422(b) of the Safe Drinking Water Act (42 
U.S.C. 300h-1(b)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``(2) Within ninety days'' and 
                inserting the following:
            ``(2) Required timeline.--
                    ``(A) In general.--Within 90 days'';
                    (B) in subparagraph (A) (as so designated), by 
                striking ``and after reasonable opportunity for 
                presentation of views''; and
                    (C) by adding at the end the following:
                    ``(B) Failure to act.--
                            ``(i) Definition of class vi well.--In this 
                        subparagraph, the term `Class VI well' means a 
                        well described in section 144.6(f) of title 40, 
                        Code of Federal Regulations (as in effect on 
                        the date of enactment of this subparagraph).
                            ``(ii) Notice to state.--If, 180 calendar 
                        days after the date on which a State's 
                        application is submitted under paragraph (1)(A) 
                        or notice is submitted under (1)(B), the 
                        Administrator has not, pursuant to subparagraph 
                        (A), by rule approved, disapproved, or approved 
                        in part and disapproved in part the underground 
                        injection control program of the State for 
                        Class VI wells, the Administrator shall submit 
                        to the State, in writing, a detailed 
                        explanation as to the status of the application 
                        or notice.
                            ``(iii) Deemed approval.--The underground 
                        injection control program of a State for Class 
                        VI wells shall be deemed to be approved if--
                                    ``(I) by the date that is 30 days 
                                after the end of the 180-day period 
                                described in clause (ii), the 
                                Administrator has not by rule approved, 
                                disapproved, or approved in part and 
                                disapproved in part the underground 
                                injection control program of the State 
                                for Class VI wells; and
                                    ``(II) the State has established 
                                and implemented a primary enforcement 
                                authority program for 1 or more classes 
                                of underground injection control wells 
                                (including adequate recordkeeping and 
                                reporting) to prevent underground 
                                injection that endangers drinking water 
                                sources.
                            ``(iv) Limitation.--The Administrator shall 
                        not condition the processing or approval of a 
                        State's application under paragraph (1)(A) or 
                        notice under paragraph (1)(B) for a primary 
                        enforcement authority program for Class VI 
                        wells on the addition or revision of any other 
                        program, including any primary enforcement 
                        authority program for 1 or more classes of 
                        underground injection control wells that are 
                        not Class VI wells.'';
            (2) by striking paragraph (4) and inserting the following:
            ``(4) Opportunity for presentation of views.--Before 
        promulgating any rule under paragraph (2) or (3) of this 
        subsection, the Administrator shall--
                    ``(A) provide a reasonable opportunity for 
                presentation of views with respect to that rule, 
                including a public hearing and a public comment period; 
                and
                    ``(B) publish in the Federal Register notice of the 
                reasonable opportunity for presentation of views 
                provided under subparagraph (A).''; and
            (3) by adding at the end the following:
            ``(5) Preapplication activities.--The Administrator shall 
        work as expeditiously as possible with States to complete any 
        necessary activities relevant to the submission of an 
        application under paragraph (1)(A) or notice under paragraph 
        (1)(B).
            ``(6) Report.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this paragraph, the Administrator 
                shall submit to the appropriate congressional 
                committees a report, including recommendations, 
                regarding the availability of staff and resources to 
                promptly carry out the Class VI wells (as defined in 
                paragraph (2)(B)(i)) program.
                    ``(B) Appropriate congressional committees 
                defined.--In this paragraph, the term `appropriate 
                congressional committees' means--
                            ``(i) in the Senate--
                                    ``(I) the Committee on Environment 
                                and Public Works; and
                                    ``(II) the Committee on 
                                Appropriations; and
                            ``(ii) in the House of Representatives--
                                    ``(I) the Committee on Energy and 
                                Commerce; and
                                    ``(II) the Committee on 
                                Appropriations.''.
    (b) Rules of Construction.--
            (1) Applicability to new applications.--The amendments made 
        by this section apply to all applications submitted to the 
        Environmental Protection Agency after the date of enactment of 
        this Act to establish an underground injection control program 
        under section 1422(b) of the Safe Drinking Water Act (42 U.S.C. 
        300h-1(b)).
            (2) Applicability to pending applications.--With respect to 
        any applications described in paragraph (1) submitted prior to 
        the date of enactment of this Act, the 180-day and 210-day 
        deadlines established under clauses (ii) and (iii), 
        respectively, of section 1422(b)(2)(B) of the Safe Drinking 
        Water Act (42 U.S.C. 300h-1(b)(1)(B)) (as added by subsection 
        (a)(1)(C)) shall begin on the date of enactment of this Act.

SEC. 13. EXPEDITING COMPLETION OF THE MOUNTAIN VALLEY PIPELINE.

    (a) Definition of Mountain Valley Pipeline.--In this section, the 
term ``Mountain Valley Pipeline'' means the Mountain Valley Pipeline 
project, as generally described and approved in Federal Energy 
Regulatory Commission Docket Nos. CP16-10 and CP19-477.
    (b) Expedited Approval.--Notwithstanding any other provision of 
law, not later than 21 days after the date of enactment of this Act and 
for the purpose of facilitating the completion of the Mountain Valley 
Pipeline--
            (1) the Secretary of the Army shall issue all permits or 
        verifications necessary--
                    (A) to complete the construction of the Mountain 
                Valley Pipeline across the waters of the United States; 
                and
                    (B) to allow for the operation and maintenance of 
                the Mountain Valley Pipeline;
            (2) the Secretary of Agriculture shall amend the Land and 
        Resource Management Plan for the Jefferson National Forest in a 
        manner that is substantively identical to the record of 
        decision with respect to the Mountain Valley Pipeline issued on 
        January 11, 2021, as may be modified by a subsequently issued 
        record of decision following the supplemental environmental 
        impact statement issued on April 13, 2023; and
            (3) the Secretary of the Interior shall--
                    (A) continue to maintain the biological opinion and 
                incidental take statement for the Mountain Valley 
                Pipeline in a manner that is substantively identical to 
                the biological opinion and incidental take statement 
                issued on February 28, 2023; and
                    (B) grant and maintain all necessary rights-of-way 
                and temporary use permits in a manner that is 
                substantively identical to those rights-of-way and 
                temporary use permits approved in the record of 
                decision with respect to the Mountain Valley Pipeline 
                issued on January 14, 2021, or as may be modified by 
                any subsequently issued rights-of-way and temporary use 
                permits.
    (c) Judicial Review.--
            (1) In general.--No action taken by the Secretary of the 
        Army, the Federal Energy Regulatory Commission, the Secretary 
        of Agriculture, or the Secretary of the Interior that grants an 
        authorization, permit, verification, biological opinion, 
        incidental take statement, or any other approval related to the 
        Mountain Valley Pipeline, including the issuance of any 
        authorization, permit, verification, biological opinion, 
        incidental take statement, or other approval for the Mountain 
        Valley Pipeline, whether issued prior to, on, or after the date 
        of enactment of this section, shall be subject to judicial 
        review.
            (2) Effect.--Any lawsuit (including any lawsuit pending in 
        a court on the date of enactment of this Act) seeking judicial 
        review of an agency order or action described in paragraph 
        (1)--
                    (A) shall not be maintained in any court; and
                    (B) shall be promptly dismissed.
    (d) Effect.--This section supersedes any other provision of law 
(including any other section of this Act or another Act of Congress), 
any regulation, any judicial decision, or any agency guidance that is 
inconsistent with the issuance of any authorization, permit, 
verification, biological opinion, incidental take statement, or other 
approval for the Mountain Valley Pipeline.
                                 &lt;all&gt;
</pre></body></html>