ment or evaluated and not selected in any envi-
ronmental 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, 
cooperating agencies shall only be required to 
evaluate alternatives that the project sponsor 
could feasibly undertake, including alternatives 
that can actually be undertaken by the project 
sponsor, and are technically and economically 
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-
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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-
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.— 
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‘‘(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.— 
‘‘(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— 
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‘‘(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; 
‘‘(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). 
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‘‘(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. 
‘‘(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— 
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‘‘(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 
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 
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‘‘(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.— 
‘‘(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 
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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 
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 
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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-
PACT.—If a Federal agency is required to ap-
prove, or make a determination or finding re-
garding, a project prior to the record of deci-
sion or finding of no significant impact, such 
Federal agency shall make such determination, 
finding, or approval not later than 90 days 
after the lead agency publishes a notice of the 
availability of the final environmental impact 
statement or issuance of other final environ-
mental documents, or no later than such other 
date that is otherwise required by law, which-
ever event occurs first. 
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‘‘(B) OTHER DECISIONS.—With regard to 
any determination, approval, or finding of a 
Federal agency that is not subject to subpara-
graph (A), each Federal agency shall make any 
required determination or finding or otherwise 
approve or disapprove the project not later than 
180 days after the lead agency issues the record 
of decision or finding of no significant impact, 
unless a different deadline is established by 
agreement of the Federal agency, lead agency, 
and the project sponsor, where applicable, or 
the deadline is extended 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 deci-
sion or finding of no significant impact. 
‘‘(C) FAILURE TO ACT.—In the event that 
any Federal agency fails to approve or dis-
approve the project, or make a required finding 
or determination, within the applicable deadline 
described in subparagraphs (A) and (B), the 
project shall be deemed approved by such agen-
cy and such agency shall issue any required 
permit or make any required finding or deter-
mination authorizing the project to proceed 
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within 30 days of the applicable deadline de-
scribed in subparagraph (A) and (B). 
‘‘(D) FINAL
AGENCY
ACTION.—Any ap-
proval, determination, finding, or issuance of a 
permit under subparagraph (C), is deemed to 
be final agency action, and may not be reversed 
by any agency. In any action under chapter 7 
seeking 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-
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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 
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-
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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-
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 
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‘‘(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.— 
‘‘(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 
project for which an environmental review was 
conducted, 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-
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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-
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. 
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‘‘(o) APPLICABILITY.—This subchapter applies, ac-
cording to the provisions thereof, to all projects for which 
a Federal agency is required to undertake an environ-
mental review or make a decision under an environmental 
law for a project for which a Federal agency is under-
taking an environmental review.’’. 
(b) TECHNICAL AMENDMENT.—The table of chapters 
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’’. 
(c) REGULATIONS.— 
(1) COUNCIL ON ENVIRONMENTAL QUALITY.— 
Not later than 180 days after the date of enactment 
of this Act, 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 Act and the amendments 
made by this Act, and shall by rule designate States 
with laws and procedures that satisfy the criteria 
under section 560(d)(2)(A) of title 5, United States 
Code. 
(2) FEDERAL AGENCIES.—Not later than 120 
days after the date that the Council on Environ-
mental Quality amends the regulations contained in 
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part 1500 of title 40, Code of Federal Regulations, 
to implement the provisions of this Act and the 
amendments made by this Act, each Federal agency 
with regulations implementing the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
shall amend such regulations to implement the pro-
visions of this subchapter. 
Æ 
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