‘‘(1) PARTICIPATION.—As early as practicable 
during the environmental review, but no later than 
during scoping for a project requiring the prepara-
tion of an environmental impact statement, the lead 
agency shall provide an opportunity for involvement 
by cooperating agencies in determining the range of 
alternatives to be considered for a project. 
‘‘(2) RANGE
OF
ALTERNATIVES.—Following 
participation under paragraph (1), the lead agency 
shall determine the range of alternatives for consid-
eration in any document which the lead agency is re-
sponsible for preparing for the project, subject to the 
following limitations: 
‘‘(A) NO EVALUATION OF CERTAIN ALTER-
NATIVES.—No Federal agency shall evaluate 
any alternative that was identified but not car-
ried forward for detailed evaluation in an envi-
ronmental document or evaluated and not se-
lected in any environmental document prepared 
under NEPA for the same project. 
‘‘(B) 
ONLY
FEASIBLE
ALTERNATIVES 
EVALUATED.—Where a project is being con-
structed, managed, funded, or undertaken by a 
project sponsor that is not a Federal agency, 
Federal agencies shall only be required to evalu-
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
ate alternatives that the project sponsor could 
feasibly undertake, consistent with the purpose 
of and the need for the project, including alter-
natives that can be undertaken by the project 
sponsor and that are technically and economi-
cally feasible. 
‘‘(3) METHODOLOGIES.— 
‘‘(A) IN GENERAL.—The lead agency shall 
determine, in collaboration with cooperating 
agencies at appropriate times during the envi-
ronmental review, the methodologies to be used 
and the level of detail required in the analysis 
of each alternative for a project. The lead agen-
cy shall include in the environmental document 
a description of the methodologies used and 
how the methodologies were selected. 
‘‘(B) NO EVALUATION OF INAPPROPRIATE 
ALTERNATIVES.—When a lead agency deter-
mines that an alternative does not meet the 
purpose and need for a project, that alternative 
is not required to be evaluated in detail in an 
environmental document. 
‘‘(4) PREFERRED ALTERNATIVE.—At the dis-
cretion of the lead agency, the preferred alternative 
for a project, after being identified, may be devel-
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
oped to a higher level of detail than other alter-
natives in order to facilitate the development of miti-
gation measures or concurrent compliance with other 
applicable laws if the lead agency determines that 
the development of such higher level of detail will 
not prevent the lead agency from making an impar-
tial decision as to whether to accept another alter-
native which is being considered in the environ-
mental review. 
‘‘(5) EMPLOYMENT ANALYSIS.—The evaluation 
of each alternative in an environmental impact state-
ment or an environmental assessment shall identify 
the potential effects of the alternative on employ-
ment, including potential short-term and long-term 
employment increases and reductions and shifts in 
employment. 
‘‘(h) COORDINATION AND SCHEDULING.— 
‘‘(1) COORDINATION PLAN.— 
‘‘(A) IN GENERAL.—The lead agency shall 
establish and implement a plan for coordinating 
public and agency participation in and comment 
on the environmental review for a project or 
category of projects to facilitate the expeditious 
resolution of the environmental review. 
‘‘(B) SCHEDULE.— 
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(i) IN GENERAL.—The lead agency 
shall establish as part of the coordination 
plan for a project, after consultation with 
each participating agency and, where appli-
cable, the project sponsor, a schedule for 
completion of the environmental review. 
The schedule shall include deadlines, con-
sistent with subsection (i), for decisions 
under any other Federal laws (including 
the issuance or denial of a permit or li-
cense) relating to the project that is cov-
ered by the schedule. 
‘‘(ii) 
FACTORS
FOR
CONSIDER-
ATION.—In establishing the schedule, the 
lead agency shall consider factors such 
as— 
‘‘(I) the responsibilities of par-
ticipating agencies under applicable 
laws; 
‘‘(II) resources available to the 
participating agencies; 
‘‘(III) overall size and complexity 
of the project; 
‘‘(IV) overall schedule for and 
cost of the project; 
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(V) the sensitivity of the natural 
and historic resources that could be 
affected by the project; and 
‘‘(VI) the extent to which similar 
projects in geographic proximity were 
recently subject to environmental re-
view or similar State procedures. 
‘‘(iii) COMPLIANCE WITH THE SCHED-
ULE.— 
‘‘(I) All participating agencies 
shall comply with the time periods es-
tablished in the schedule or with any 
modified time periods, where the lead 
agency modifies the schedule pursuant 
to subparagraph (D). 
‘‘(II) The lead agency shall dis-
regard and shall not respond to or in-
clude in any document prepared under 
NEPA, any comment or information 
submitted or any finding made by a 
participating agency that is outside of 
the time period established in the 
schedule or modification pursuant to 
subparagraph (D) for that agency’s 
comment, submission or finding. 
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(III) If a participating agency 
fails to object in writing to a lead 
agency decision, finding or request for 
concurrence within the time period es-
tablished under law or by the lead 
agency, the agency shall be deemed to 
have concurred in the decision, finding 
or request. 
‘‘(C) CONSISTENCY WITH OTHER TIME PE-
RIODS.—A schedule under subparagraph (B) 
shall be consistent with any other relevant time 
periods established under Federal law. 
‘‘(D) MODIFICATION.—The lead agency 
may— 
‘‘(i) lengthen a schedule established 
under subparagraph (B) for good cause; 
and 
‘‘(ii) shorten a schedule only with the 
concurrence of the cooperating agencies. 
‘‘(E) DISSEMINATION.—A copy of a sched-
ule under subparagraph (B), and of any modi-
fications to the schedule, shall be— 
‘‘(i) provided within 15 days of com-
pletion or modification of such schedule to 
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
all participating agencies and to the 
project sponsor; and 
‘‘(ii) made available to the public. 
‘‘(F) ROLES
AND
RESPONSIBILITY
OF 
LEAD AGENCY.—With respect to the environ-
mental review for any project, the lead agency 
shall have authority and responsibility to take 
such actions as are necessary and proper, with-
in the authority of the lead agency, to facilitate 
the expeditious resolution of the environmental 
review for the project. 
‘‘(i) DEADLINES.—The following deadlines shall 
apply to any project subject to review under NEPA and 
any decision under any Federal law relating to such 
project (including the issuance or denial of a permit or 
license or any required finding): 
‘‘(1) ENVIRONMENTAL REVIEW DEADLINES.— 
The lead agency shall complete the environmental 
review within the following deadlines: 
‘‘(A) ENVIRONMENTAL
IMPACT
STATE-
MENT PROJECTS.—For projects requiring prep-
aration of an environmental impact statement— 
‘‘(i) the lead agency shall issue an en-
vironmental impact statement within 2 
years after the earlier of the date the lead 
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
agency receives the project initiation re-
quest or a Notice of Intent to Prepare an 
Environmental Impact Statement is pub-
lished in the Federal Register; and 
‘‘(ii) in circumstances where the lead 
agency has prepared an environmental as-
sessment and determined that an environ-
mental impact statement will be required, 
the lead agency shall issue the environ-
mental impact statement within 2 years 
after the date of publication of the Notice 
of Intent to Prepare an Environmental Im-
pact Statement in the Federal Register. 
‘‘(B) 
ENVIRONMENTAL
ASSESSMENT 
PROJECTS.—For projects requiring preparation 
of an environmental assessment, the lead agen-
cy shall issue a finding of no significant impact 
or publish a Notice of Intent to Prepare an En-
vironmental Impact Statement in the Federal 
Register within 1 year after the earlier of the 
date the lead agency receives the project initi-
ation request, makes a decision to prepare an 
environmental assessment, or sends out partici-
pating agency invitations. 
‘‘(2) EXTENSIONS.— 
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(A) REQUIREMENTS.—The environmental 
review deadlines may be extended only if— 
‘‘(i) a different deadline is established 
by agreement of the lead agency, the 
project sponsor, and all participating agen-
cies; or 
‘‘(ii) the deadline is extended by the 
lead agency for good cause. 
‘‘(B) LIMITATION.—The environmental re-
view shall not be extended by more than 1 year 
for a project requiring preparation of an envi-
ronmental impact statement or by more than 
180 days for a project requiring preparation of 
an environmental assessment. 
‘‘(3) ENVIRONMENTAL REVIEW COMMENTS.— 
‘‘(A) COMMENTS
ON
DRAFT
ENVIRON-
MENTAL IMPACT STATEMENT.—For comments 
by agencies and the public on a draft environ-
mental impact statement, the lead agency shall 
establish a comment period of not more than 60 
days after publication in the Federal Register 
of notice of the date of public availability of 
such document, unless— 
‘‘(i) a different deadline is established 
by agreement of the lead agency, the 
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
project sponsor, and all participating agen-
cies; or 
‘‘(ii) the deadline is extended by the 
lead agency for good cause. 
‘‘(B) OTHER
COMMENTS.—For all other 
comment periods for agency or public comments 
in the environmental review process, the lead 
agency shall establish a comment period of no 
more than 30 days from availability of the ma-
terials on which comment is requested, unless— 
‘‘(i) a different deadline is established 
by agreement of the lead agency, the 
project sponsor, and all participating agen-
cies; or 
‘‘(ii) the deadline is extended by the 
lead agency for good cause. 
‘‘(4) 
DEADLINES
FOR
DECISIONS
UNDER 
OTHER LAWS.—Notwithstanding any other provision 
of law, in any case in which a decision under any 
other Federal law relating to the undertaking of a 
project being reviewed under NEPA (including the 
issuance or denial of a permit or license) is required 
to be made, the following deadlines shall apply: 
‘‘(A) DECISIONS PRIOR TO RECORD OF DE-
CISION
OR
FINDING
OF
NO
SIGNIFICANT
IM-
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
PACT.—If a Federal agency is required to ap-
prove, or otherwise to act upon, a permit, li-
cense, or other similar application for approval 
related to a project prior to the record of deci-
sion or finding of no significant impact, such 
Federal agency shall approve or otherwise act 
not later than the end of a 90-day period begin-
ning— 
‘‘(i) after all other relevant agency re-
view related to the project is complete; and 
‘‘(ii) after the lead agency publishes a 
notice of the availability of the final envi-
ronmental impact statement or issuance of 
other final environmental documents, or no 
later than such other date that is otherwise 
required by law, whichever event occurs 
first. 
‘‘(B) OTHER DECISIONS.—With regard to 
any approval or other action related to a project 
by a Federal agency that is not subject to sub-
paragraph (A), each Federal agency shall ap-
prove or otherwise act not later than the end of 
a period of 180 days beginning— 
‘‘(i) after all other relevant agency re-
view related to the project is complete; and 
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(ii) after the lead agency issues the 
record of decision or finding of no signifi-
cant impact, unless a different deadline is 
established by agreement of the Federal 
agency, lead agency, and the project spon-
sor, where applicable, or the deadline is ex-
tended by the Federal agency for good 
cause, provided that such extension shall 
not extend beyond a period that is 1 year 
after the lead agency issues the record of 
decision or finding of no significant im-
pact. 
‘‘(C) FAILURE TO ACT.—In the event that 
any Federal agency fails to approve, or other-
wise to act upon, a permit, license, or other 
similar application for approval related to a 
project within the applicable deadline described 
in subparagraph (A) or (B), the permit, license, 
or other similar application shall be deemed ap-
proved by such agency and the agency shall 
take action in accordance with such approval 
within 30 days of the applicable deadline de-
scribed in subparagraph (A) or (B). 
‘‘(D) FINAL
AGENCY
ACTION.—Any ap-
proval under subparagraph (C) is deemed to be 
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
final agency action, and may not be reversed by 
any agency. In any action under chapter 7 seek-
ing review of such a final agency action, the 
court may not set aside such agency action by 
reason of that agency action having occurred 
under this paragraph. 
‘‘(j) ISSUE IDENTIFICATION AND RESOLUTION.— 
‘‘(1) COOPERATION.—The lead agency and the 
participating agencies shall work cooperatively in ac-
cordance with this section to identify and resolve 
issues that could delay completion of the environ-
mental review or could result in denial of any ap-
provals required for the project under applicable 
laws. 
‘‘(2) LEAD
AGENCY
RESPONSIBILITIES.—The 
lead agency shall make information available to the 
participating agencies as early as practicable in the 
environmental review regarding the environmental, 
historic, and socioeconomic resources located within 
the project area and the general locations of the al-
ternatives under consideration. Such information 
may be based on existing data sources, including ge-
ographic information systems mapping. 
‘‘(3) PARTICIPATING
AGENCY
RESPONSIBIL-
ITIES.—Based on information received from the lead 
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
agency, participating agencies shall identify, as early 
as practicable, any issues of concern regarding the 
project’s potential environmental, historic, or socio-
economic impacts. In this paragraph, issues of con-
cern include any issues that could substantially delay 
or prevent an agency from granting a permit or 
other approval that is needed for the project. 
‘‘(4) ISSUE RESOLUTION.— 
‘‘(A) MEETING OF PARTICIPATING AGEN-
CIES.—At any time upon request of a project 
sponsor, the lead agency shall promptly convene 
a meeting with the relevant participating agen-
cies and the project sponsor, to resolve issues 
that could delay completion of the environ-
mental review or could result in denial of any 
approvals required for the project under appli-
cable laws. 
‘‘(B) NOTICE THAT RESOLUTION CANNOT 
BE
ACHIEVED.—If a resolution cannot be 
achieved within 30 days following such a meet-
ing and a determination by the lead agency that 
all information necessary to resolve the issue 
has been obtained, the lead agency shall notify 
the heads of all participating agencies, the 
project sponsor, and the Council on Environ-
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
mental Quality for further proceedings in ac-
cordance with section 204 of NEPA, and shall 
publish such notification in the Federal Reg-
ister. 
‘‘(k) REPORT TO CONGRESS.—The head of each Fed-
eral agency shall report annually to Congress— 
‘‘(1) the projects for which the agency initiated 
preparation of an environmental impact statement or 
environmental assessment; 
‘‘(2) the projects for which the agency issued a 
record of decision or finding of no significant impact 
and the length of time it took the agency to com-
plete the environmental review for each such project; 
‘‘(3) the filing of any lawsuits against the agen-
cy seeking judicial review of a permit, license, or ap-
proval issued by the agency for an action subject to 
NEPA, including the date the complaint was filed, 
the court in which the complaint was filed, and a 
summary of the claims for which judicial review was 
sought; and 
‘‘(4) the resolution of any lawsuits against the 
agency that sought judicial review of a permit, li-
cense, or approval issued by the agency for an action 
subject to NEPA. 
‘‘(l) LIMITATIONS ON CLAIMS.— 
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, a claim arising under Federal law 
seeking judicial review of a permit, license, or ap-
proval issued by a Federal agency for an action sub-
ject to NEPA shall be barred unless— 
‘‘(A) in the case of a claim pertaining to 
a project for which an environmental review 
was conducted and an opportunity for comment 
was provided, the claim is filed by a party that 
submitted a comment during the environmental 
review on the issue on which the party seeks ju-
dicial review, and such comment was suffi-
ciently detailed to put the lead agency on notice 
of the issue upon which the party seeks judicial 
review; and 
‘‘(B) filed within 180 days after publica-
tion of a notice in the Federal Register an-
nouncing that the permit, license, or approval is 
final pursuant to the law under which the agen-
cy action is taken, unless a shorter time is spec-
ified in the Federal law pursuant to which judi-
cial review is allowed. 
‘‘(2) NEW INFORMATION.—The preparation of 
a supplemental environmental impact statement, 
when required, is deemed a separate final agency ac-
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
tion and the deadline for filing a claim for judicial 
review of such action shall be 180 days after the 
date of publication of a notice in the Federal Reg-
ister announcing the record of decision for such ac-
tion. Any claim challenging agency action on the 
basis of information in a supplemental environ-
mental impact statement shall be limited to chal-
lenges on the basis of that information. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to create a right 
to judicial review or place any limit on filing a claim 
that a person has violated the terms of a permit, li-
cense, or approval. 
‘‘(m) CATEGORIES OF PROJECTS.—The authorities 
granted under this subchapter may be exercised for an in-
dividual project or a category of projects. 
‘‘(n) EFFECTIVE DATE.—The requirements of this 
subchapter shall apply only to environmental reviews and 
environmental decisionmaking processes initiated after the 
date of enactment of this subchapter. 
‘‘(o) APPLICABILITY.—Except as provided in sub-
section (p), this subchapter applies, according to the provi-
sions thereof, to all projects for which a Federal agency 
is required to undertake an environmental review or make 
a decision under an environmental law for a project for 
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS
which a Federal agency is undertaking an environmental 
review. 
‘‘(p) SAVINGS CLAUSE.—Nothing in this section shall 
be construed to supersede, amend, or modify sections 134, 
135, 139, 325, 326, and 327 of title 23, United States 
Code, sections 5303 and 5304 of title 49, United States 
Code, or subtitle C of title I of division A of the Moving 
Ahead for Progress in the 21st Century Act and the 
amendments made by such subtitle (Public Law 112– 
141).’’. 
(b) TECHNICAL AMENDMENT.—The table of sections 
for chapter 5 of title 5, United States Code, is amended 
by inserting after the item relating to subchapter II the 
following: 
‘‘SUBCHAPTER IIA—INTERAGENCY COORDINATION REGARDING PERMITTING 
‘‘560. Coordination of agency administrative operations for efficient decision-
making.’’. 
(c) REGULATIONS.— 
(1) COUNCIL ON ENVIRONMENTAL QUALITY.— 
Not later than 180 days after the date of enactment 
of this title, the Council on Environmental Quality 
shall amend the regulations contained in part 1500 
of title 40, Code of Federal Regulations, to imple-
ment the provisions of this title and the amendments 
made by this title, and shall by rule designate States 
with laws and procedures that satisfy the criteria 
VerDate Mar 15 2010 
22:43 Feb 27, 2014
Jkt 039200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H2641.RH
H2641
mstockstill on DSK4VPTVN1PROD with BILLS