IB 
Union Calendar No. 431 
112TH CONGRESS 
2D SESSION 
H. R. 4377 
[Report No. 112–596, Part I] 
To provide for improved coordination of agency actions in the preparation 
and adoption of environmental documents for permitting determinations, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 18, 2012 
Mr. ROSS of Florida (for himself, Mr. SMITH of Texas, Mr. COBLE, and Mr. 
PETERSON) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Natural Re-
sources, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
JULY 17, 2012 
Additional sponsors: Mr. ROONEY, Mr. FRANKS of Arizona, Mr. WEST, Mr. 
AMODEI, Mr. LONG, Mr. QUAYLE, Mr. GRIFFIN of Arkansas, Mr. POE 
of Texas, and Mrs. ADAMS 
JULY 17, 2012 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JULY 17, 2012 
The Committee on Natural Resources discharged; committed to the Com-
mittee of the Whole House on the State of the Union and ordered to be 
printed 
[For text of introduced bill, see copy of bill as introduced on April 18, 2012] 
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A BILL 
To provide for improved coordination of agency actions in 
the preparation and adoption of environmental docu-
ments for permitting determinations, and for other pur-
poses. 
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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 ‘‘Responsibly And Profes-
sionally Invigorating Development Act of 2012’’ or as the 
‘‘RAPID Act’’. 
SEC. 2. COORDINATION OF AGENCY ADMINISTRATIVE OP-
ERATIONS FOR EFFICIENT DECISIONMAKING. 
(a) IN GENERAL.—Part I of chapter 5 of title 5, 
United States Code, is amended by inserting after sub-
chapter II the following: 
‘‘SUBCHAPTER IIA—INTERAGENCY 
COORDINATION REGARDING PERMITTING 
‘‘§ 560. Coordination of agency administrative oper-
ations for efficient decisionmaking 
‘‘(a) CONGRESSIONAL DECLARATION OF PURPOSE.— 
The purpose of this subchapter is to establish a framework 
and procedures to streamline, increase the efficiency of, and 
enhance coordination of agency administration of the regu-
latory review, environmental decisionmaking, and permit-
ting process for projects undertaken, reviewed, or funded by 
Federal agencies. This subchapter will ensure that agencies 
administer the regulatory process in a manner that is effi-
cient so that citizens are not burdened with regulatory ex-
cuses and time delays. 
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‘‘(b) DEFINITIONS.—For purposes of this subchapter, 
the term— 
‘‘(1) ‘agency’ means any agency, department, or 
other unit of Federal, State, local, or Indian tribal 
government; 
‘‘(2) ‘category of projects’ means 2 or more 
projects related by project type, potential environ-
mental impacts, geographic location, or another simi-
lar project feature or characteristic; 
‘‘(3) ‘environmental assessment’ means a concise 
public document for which a Federal agency is re-
sponsible that serves to— 
‘‘(A) briefly provide sufficient evidence and 
analysis for determining whether to prepare an 
environmental impact statement or a finding of 
no significant impact; 
‘‘(B) aid an agency’s compliance with 
NEPA when no environmental impact statement 
is necessary; and 
‘‘(C) facilitate preparation of an environ-
mental impact statement when one is necessary; 
‘‘(4) ‘environmental impact statement’ means the 
detailed statement of significant environmental im-
pacts required to be prepared under NEPA; 
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‘‘(5) ‘environmental review’ means the Federal 
agency procedures for preparing an environmental 
impact statement, environmental assessment, categor-
ical exclusion, or other document under NEPA; 
‘‘(6) ‘environmental decisionmaking process’ 
means the Federal agency procedures for undertaking 
and completion of any environmental permit, deci-
sion, approval, review, or study under any Federal 
law other than NEPA for a project subject to an envi-
ronmental review; 
‘‘(7) ‘environmental document’ means an envi-
ronmental assessment or environmental impact state-
ment, and includes any supplemental document or 
document prepared pursuant to a court order; 
‘‘(8) ‘finding of no significant impact’ means a 
document by a Federal agency briefly presenting the 
reasons why a project, not otherwise subject to a cat-
egorical exclusion, will not have a significant effect on 
the human environment and for which an environ-
mental impact statement therefore will not be pre-
pared; 
‘‘(9) ‘lead agency’ means the Federal agency pre-
paring or responsible for preparing the environmental 
document; 
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‘‘(10) ‘NEPA’ means the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(11) ‘project’ means major Federal actions that 
are construction activities undertaken with Federal 
funds or that are construction activities that require 
approval by a permit or regulatory decision issued by 
a Federal agency; 
‘‘(12) ‘project sponsor’ means the agency or other 
entity, including any private or public-private entity, 
that seeks approval for a project or is otherwise re-
sponsible for undertaking a project; and 
‘‘(13) ‘record of decision’ means a document pre-
pared by a lead agency under NEPA following an en-
vironmental impact statement that states the lead 
agency’s decision, identifies the alternatives consid-
ered by the agency in reaching its decision and states 
whether all practicable means to avoid or minimize 
environmental harm from the alternative selected have 
been adopted, and if not, why they were not adopted. 
‘‘(c) 
PREPARATION
OF
ENVIRONMENTAL
DOCU-
MENTS.—Upon the request of the lead agency, the project 
sponsor shall be authorized to prepare any document for 
purposes of an environmental review required in support 
of any project or approval by the lead agency if the lead 
agency furnishes oversight in such preparation and inde-
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pendently evaluates such document and the document is ap-
proved and adopted by the lead agency prior to taking any 
action or making any approval based on such document. 
‘‘(d) ADOPTION AND USE OF DOCUMENTS.— 
‘‘(1) DOCUMENTS PREPARED UNDER NEPA.— 
‘‘(A) Not more than 1 environmental im-
pact statement and 1 environmental assessment 
shall be prepared under NEPA for a project (ex-
cept for supplemental environmental documents 
prepared under NEPA or environmental docu-
ments prepared pursuant to a court order), and, 
except as otherwise provided by law, the lead 
agency shall prepare the environmental impact 
statement or environmental assessment. After the 
lead agency issues a record of decision, no Fed-
eral agency responsible for making any approval 
for that project may rely on a document other 
than the environmental document prepared by 
the lead agency. 
‘‘(B) Upon the request of a project sponsor, 
a lead agency may adopt, use, or rely upon sec-
ondary and cumulative impact analyses in-
cluded in any environmental document prepared 
under NEPA for projects in the same geographic 
area where the secondary and cumulative impact 
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analyses provide information and data that per-
tains to the NEPA decision for the project under 
review. 
‘‘(2) STATE ENVIRONMENTAL DOCUMENTS; SUP-
PLEMENTAL DOCUMENTS.— 
‘‘(A) Upon the request of a project sponsor, 
a lead agency may adopt a document that has 
been prepared for a project under State laws and 
procedures as the environmental impact state-
ment or environmental assessment for the 
project, provided that the State laws and proce-
dures under which the document was prepared 
provide environmental protection and opportuni-
ties for public involvement that are substantially 
equivalent to NEPA. 
‘‘(B) An environmental document adopted 
under subparagraph (A) is deemed to satisfy the 
lead agency’s obligation under NEPA to prepare 
an environmental impact statement or environ-
mental assessment. 
‘‘(C) In the case of a document described in 
subparagraph (A), during the period after prepa-
ration of the document but before its adoption by 
the lead agency, the lead agency shall prepare 
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and publish a supplement to that document if 
the lead agency determines that— 
‘‘(i) a significant change has been 
made to the project that is relevant for pur-
poses of environmental review of the project; 
or 
‘‘(ii) 
there 
have 
been 
significant 
changes in circumstances or availability of 
information relevant to the environmental 
review for the project. 
‘‘(D) If the agency prepares and publishes a 
supplemental document under subparagraph (C), 
the lead agency may solicit comments from agen-
cies and the public on the supplemental docu-
ment for a period of not more than 45 days be-
ginning on the date of the publication of the sup-
plement. 
‘‘(E) A lead agency shall issue its record of 
decision or finding of no significant impact, as 
appropriate, based upon the document adopted 
under subparagraph (A), and any supplements 
thereto. 
‘‘(3) CONTEMPORANEOUS PROJECTS.—If the lead 
agency determines that there is a reasonable likeli-
hood that the project will have similar environmental 
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impacts as a similar project in geographical prox-
imity to the project, and that similar project was sub-
ject to environmental review or similar State proce-
dures within the 5 year period immediately preceding 
the date that the lead agency makes that determina-
tion, the lead agency may adopt the environmental 
document that resulted from that environmental re-
view or similar State procedure. The lead agency may 
adopt such an environmental document, if it is pre-
pared under State laws and procedures only upon 
making a favorable determination on such environ-
mental document pursuant to paragraph (2)(A). 
‘‘(e) PARTICIPATING AGENCIES.— 
‘‘(1) IN GENERAL.—The lead agency shall be re-
sponsible for inviting and designating participating 
agencies in accordance with this subsection. The lead 
agency shall provide the invitation or notice of the 
designation in writing. 
‘‘(2) FEDERAL PARTICIPATING AGENCIES.—Any 
Federal agency that is required to adopt the environ-
mental document of the lead agency for a project shall 
be designated as a participating agency and shall col-
laborate on the preparation of the environmental doc-
ument, unless the Federal agency informs the lead 
agency, in writing, by a time specified by the lead 
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agency in the designation of the Federal agency that 
the Federal agency— 
‘‘(A) has no jurisdiction or authority with 
respect to the project; 
‘‘(B) has no expertise or information rel-
evant to the project; and 
‘‘(C) does not intend to submit comments on 
the project. 
‘‘(3) INVITATION.—The lead agency shall iden-
tify, as early as practicable in the environmental re-
view for a project, any agencies other than an agency 
described in paragraph (2) that may have an interest 
in the project, including, where appropriate, Gov-
ernors of affected States, and heads of appropriate 
tribal and local (including county) governments, and 
shall invite such identified agencies and officials to 
become participating agencies in the environmental 
review for the project. The invitation shall set a dead-
line of 30 days for responses to be submitted, which 
may only be extended by the lead agency for good 
cause shown. Any agency that fails to respond prior 
to the deadline shall be deemed to have declined the 
invitation. 
‘‘(4) EFFECT
OF
DECLINING
PARTICIPATING 
AGENCY INVITATION.—Any agency that declines a des-
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ignation or invitation by the lead agency to be a par-
ticipating agency shall be precluded from submitting 
comments on any document prepared under NEPA 
for that project or taking any measures to oppose, 
based on the environmental review, any permit, li-
cense, or approval related to that project. 
‘‘(5) EFFECT OF DESIGNATION.—Designation as 
a participating agency under this subsection does not 
imply that the participating agency— 
‘‘(A) supports a proposed project; or 
‘‘(B) has any jurisdiction over, or special 
expertise with respect to evaluation of, the 
project. 
‘‘(6) COOPERATING
AGENCY.—A participating 
agency may also be designated by a lead agency as 
a ‘cooperating agency’ under the regulations con-
tained in part 1500 of title 40, Code of Federal Regu-
lations, as in effect on January 1, 2011. Designation 
as a cooperating agency shall have no effect on des-
ignation as participating agency. No agency that is 
not a participating agency may be designated as a 
cooperating agency. 
‘‘(7) CONCURRENT
REVIEWS.—Each Federal 
agency shall— 
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