I 
117TH CONGRESS 
1ST SESSION H. R. 4739 
To amend the National Environmental Policy Act of 1969 to require the 
submission of certain reports, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2021 
Mr. GOSAR introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
To amend the National Environmental Policy Act of 1969 
to require the submission of certain reports, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘NEPA Data Trans-
parency and Accountability Act’’. 
SEC. 2. REQUIRED REPORTS UNDER NEPA. 
Title I of the National Environmental Policy Act of 
1969 is amended— 
(1) by redesignating section 105 (42 U.S.C. 
4335) as section 106; and 
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(2) by inserting after section 104 (42 U.S.C. 
4334) the following: 
‘‘SEC. 105. REQUIRED REPORTS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 
ENVIRONMENTAL
ASSESSMENT.—The 
term ‘environmental assessment’ has the meaning 
given the term in section 1508.9 of title 40, Code of 
Federal Regulations (or a successor regulation). 
‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— 
The term ‘environmental impact statement’ means a 
detailed statement required under section 102(2)(C). 
‘‘(3) FEDERAL
AGENCY.—The term ‘Federal 
agency’ includes a State that has assumed responsi-
bility under section 327 of title 23, United States 
Code. 
‘‘(4) HEAD OF A FEDERAL AGENCY.—The term 
‘head of a Federal agency’ includes the governor or 
head of an applicable State agency of a State that 
has assumed responsibility under section 327 of title 
23, United States Code. 
‘‘(5) NEPA PROCESS.— 
‘‘(A) IN
GENERAL.—The term ‘NEPA 
process’ means the entirety of every process, 
analysis, or other measure, including an envi-
ronmental impact statement, required to be car-
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ried out by a Federal agency under this title be-
fore the agency undertakes a proposed action. 
‘‘(B) PERIOD.—For purposes of subpara-
graph (A), the NEPA process— 
‘‘(i) begins on the date on which the 
head of a Federal agency receives an appli-
cation for a proposed action from a project 
sponsor; and 
‘‘(ii) ends on the date on which the 
Federal agency issues, with respect to the 
proposed action— 
‘‘(I) a record of decision, includ-
ing, if necessary, a revised record of 
decision; 
‘‘(II) a finding of no significant 
impact; or 
‘‘(III) a categorical exclusion 
under this title. 
‘‘(6) PROJECT
SPONSOR.—The term ‘project 
sponsor’ means a Federal agency or other entity, in-
cluding a private or public-private entity, that seeks 
approval of a proposed action. 
‘‘(b) REPORTS.— 
‘‘(1) NEPA DATA.— 
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‘‘(A) IN
GENERAL.—The head of each 
Federal agency that carries out the NEPA 
process shall carry out a process to track, and 
annually submit to Congress a report con-
taining, the information described in subpara-
graph (B). 
‘‘(B) INFORMATION DESCRIBED.—The in-
formation referred to in subparagraph (A) is, 
with respect to the Federal agency issuing the 
report under that subparagraph— 
‘‘(i) the number of proposed actions 
for which a categorical exclusion was 
issued during the reporting period; 
‘‘(ii) the length of time the Federal 
agency took to issue the categorical exclu-
sions described in clause (i); 
‘‘(iii) the number of proposed actions 
pending on the date on which the report is 
submitted for which the issuance of a cat-
egorical exclusion is pending; 
‘‘(iv) the number of proposed actions 
for which an environmental assessment 
was issued during the reporting period; 
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‘‘(v) the length of time the Federal 
agency took to complete each environ-
mental assessment described in clause (iv); 
‘‘(vi) the number of proposed actions 
pending on the date on which the report is 
submitted for which an environmental as-
sessment is being drafted; 
‘‘(vii) the number of proposed actions 
for which an environmental impact state-
ment was issued during the reporting pe-
riod; 
‘‘(viii) the length of time the Federal 
agency took to complete each environ-
mental impact statement described in 
clause (vii); and 
‘‘(ix) the number of proposed actions 
pending on the date on which the report is 
submitted for which an environmental im-
pact statement is being drafted. 
‘‘(2) NEPA COSTS.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this subsection, 
the Chair of the Council on Environmental 
Quality and the Director of the Office of Man-
agement and Budget shall jointly develop a 
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