171 
SEC. 2. INCORPORATION OF SURFACE MINING STREAM 
BUFFER ZONE RULE INTO STATE PROGRAMS. 
(a) IN GENERAL.—Section 503 of the Surface Min-
ing Control and Reclamation Act of 1977 (30 U.S.C. 
1253) is amended by adding at the end the following: 
‘‘(e) STREAM BUFFER ZONE MANAGEMENT.— 
‘‘(1) IN GENERAL.—In addition to the require-
ments under subsection (a), each State program 
shall incorporate the necessary rule regarding excess 
spoil, coal mine waste, and buffers for perennial and 
intermittent streams published by the Office of Sur-
face Mining Reclamation and Enforcement on De-
cember 12, 2008 (73 Fed. Reg. 75813 et seq.) which 
complies with the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) in view of the 2006 discus-
sions between the Director of the Office of Surface 
Mining and the Director of the United States Fish 
and Wildlife Service, and the Office of Surface Min-
ing Reclamation and Enforcement’s consideration 
and review of comments submitted by the United 
States Fish and Wildlife Service during the rule-
making process in 2007. 
‘‘(2) STUDY OF IMPLEMENTATION.—The Sec-
retary shall— 
‘‘(A) at such time as the Secretary deter-
mines all States referred to in subsection (a) 
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172 
have fully incorporated the necessary rule re-
ferred to in paragraph (1) of this subsection 
into their State programs, publish notice of 
such determination; 
‘‘(B) during the 5-year period beginning on 
the date of such publication, assess the effec-
tiveness of implementation of such rule by such 
States; 
‘‘(C) carry out all required consultation on 
the benefits and other impacts of the implemen-
tation of the rule to any threatened species or 
endangered species, with the participation of 
the United States Fish and Wildlife Service and 
the United States Geological Survey; and 
‘‘(D) upon the conclusion of such period, 
submit a comprehensive report on the impacts 
of such rule to the Committee on Natural Re-
sources of the House of Representatives and the 
Committee on Energy and Natural Resources of 
the Senate, including— 
‘‘(i) an evaluation of the effectiveness 
of such rule; 
‘‘(ii) an evaluation of any ways in 
which the existing rule inhibits energy pro-
duction; and 
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173 
‘‘(iii) a description in detail of any 
proposed changes that should be made to 
the rule, the justification for such changes, 
all comments on such changes received by 
the Secretary from such States, and the 
projected costs and benefits of such 
changes. 
‘‘(3) LIMITATION ON NEW REGULATIONS.—The 
Secretary may not issue any regulations under this 
Act relating to stream buffer zones or stream protec-
tion before the date of the publication of the report 
under paragraph (2), other than a rule necessary to 
implement paragraph (1).’’. 
(b) DEADLINE FOR STATE IMPLEMENTATION.—Not 
later than 2 years after the date of the enactment of this 
Act, a State with a State program approved under section 
503 of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1253) shall submit to the Secretary 
of the Interior amendments to such program pursuant to 
part 732 of title 30, Code of Federal Regulations, incor-
porating the necessary rule referred to in subsection (e)(1) 
of such section, as amended by this section. 
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174 
DIVISION C—JUDICIARY 
SEC. 1. SHORT TITLE. 
This division may be cited as the ‘‘Responsibly And 
Professionally Invigorating Development Act of 2014’’ or 
as the ‘‘RAPID Act’’. 
SEC. 2. COORDINATION OF AGENCY ADMINISTRATIVE OP-
ERATIONS FOR EFFICIENT DECISIONMAKING. 
(a) IN GENERAL.—Chapter 5 of part 1 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 
regulatory review, environmental decisionmaking, and per-
mitting process for projects undertaken, reviewed, or fund-
ed by Federal agencies. This subchapter will ensure that 
agencies administer the regulatory process in a manner 
that is efficient so that citizens are not burdened with reg-
ulatory excuses and time delays. 
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‘‘(b) DEFINITIONS.—For purposes of this sub-
chapter, 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 
similar project feature or characteristic; 
‘‘(3) ‘environmental assessment’ means a con-
cise public document for which a Federal agency is 
responsible 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 state-
ment 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 
impacts required to be prepared under NEPA; 
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176 
‘‘(5) ‘environmental review’ means the Federal 
agency procedures for preparing an environmental 
impact statement, environmental assessment, cat-
egorical exclusion, or other document under NEPA; 
‘‘(6) ‘environmental decisionmaking process’ 
means the Federal agency procedures for under-
taking and completion of any environmental permit, 
decision, approval, review, or study under any Fed-
eral law other than NEPA for a project subject to 
an environmental review; 
‘‘(7) ‘environmental document’ means an envi-
ronmental assessment or environmental impact 
statement, 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 
categorical exclusion, will not have a significant ef-
fect on the human environment and for which an en-
vironmental impact statement therefore will not be 
prepared; 
‘‘(9) ‘lead agency’ means the Federal agency 
preparing or responsible for preparing the environ-
mental document; 
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177 
‘‘(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 Fed-
eral funds or that are construction activities that re-
quire 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 other-
wise responsible for undertaking a project; and 
‘‘(13) ‘record of decision’ means a document 
prepared by a lead agency under NEPA following an 
environmental 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 min-
imize environmental harm from the alternative se-
lected 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 
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agency furnishes oversight in such preparation and inde-
pendently evaluates such document and the document is 
approved and adopted by the lead agency prior to taking 
any action or making any approval based on such docu-
ment. 
‘‘(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 
(except for supplemental environmental docu-
ments prepared under NEPA or environmental 
documents prepared pursuant to a court order), 
and, except as otherwise provided by law, the 
lead agency shall prepare the environmental im-
pact statement or environmental assessment. 
After the lead agency issues a record of deci-
sion, no Federal agency responsible for making 
any approval for that project may rely on a doc-
ument other than the environmental document 
prepared by the lead agency. 
‘‘(B) Upon the request of a project spon-
sor, a lead agency may adopt, use, or rely upon 
secondary and cumulative impact analyses in-
cluded in any environmental document prepared 
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under NEPA for projects in the same geo-
graphic area where the secondary and cumu-
lative impact analyses provide information and 
data that pertains to the NEPA decision for the 
project under review. 
‘‘(2) STATE
ENVIRONMENTAL
DOCUMENTS; 
SUPPLEMENTAL DOCUMENTS.— 
‘‘(A) Upon the request of a project spon-
sor, a lead agency may adopt a document that 
has been prepared for a project under State 
laws and procedures as the environmental im-
pact statement or environmental assessment for 
the project, provided that the State laws and 
procedures under which the document was pre-
pared provide environmental protection and op-
portunities for public involvement that are sub-
stantially 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 
environmental assessment. 
‘‘(C) In the case of a document described 
in subparagraph (A), during the period after 
preparation of the document but before its 
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adoption by the lead agency, the lead agency 
shall prepare 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 
purposes 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 
agencies and the public on the supplemental 
document for a period of not more than 45 
days beginning on the date of the publication of 
the supplement. 
‘‘(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 
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181 
likelihood that the project will have similar environ-
mental impacts as a similar project in geographical 
proximity to the project, and that similar project 
was subject to environmental review or similar State 
procedures within the 5-year period immediately pre-
ceding the date that the lead agency makes that de-
termination, the lead agency may adopt the environ-
mental document that resulted from that environ-
mental review or similar State procedure. The lead 
agency may adopt such an environmental document, 
if it is prepared under State laws and procedures 
only upon making a favorable determination on such 
environmental document pursuant to paragraph 
(2)(A). 
‘‘(e) PARTICIPATING AGENCIES.— 
‘‘(1) IN GENERAL.—The lead agency shall be 
responsible 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 envi-
ronmental document of the lead agency for a project 
shall be designated as a participating agency and 
shall collaborate on the preparation of the environ-
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182 
mental document, unless the Federal agency informs 
the lead agency, in writing, by a time specified by 
the lead 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 agen-
cy described in paragraph (2) that may have an in-
terest in the project, including, where appropriate, 
Governors of affected States, and heads of appro-
priate tribal and local (including county) govern-
ments, and shall invite such identified agencies and 
officials to become participating agencies in the envi-
ronmental review for the project. The invitation shall 
set a deadline of 30 days for responses to be sub-
mitted, 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. 
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184 
‘‘(7) CONCURRENT
REVIEWS.—Each Federal 
agency shall— 
‘‘(A) carry out obligations of the Federal 
agency under other applicable law concurrently 
and in conjunction with the review required 
under NEPA; and 
‘‘(B) in accordance with the rules made by 
the Council on Environmental Quality pursuant 
to subsection (n)(1), make and carry out such 
rules, policies, and procedures as may be rea-
sonably necessary to enable the agency to en-
sure completion of the environmental review 
and environmental decisionmaking process in a 
timely, coordinated, and environmentally re-
sponsible manner. 
‘‘(8) COMMENTS.—Each participating agency 
shall limit its comments on a project to areas that 
are within the authority and expertise of such par-
ticipating agency. Each participating agency shall 
identify in such comments the statutory authority of 
the participating agency pertaining to the subject 
matter of its comments. The lead agency shall not 
act upon, respond to or include in any document 
prepared under NEPA, any comment submitted by 
a participating agency that concerns matters that 
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are outside of the authority and expertise of the 
commenting participating agency. 
‘‘(f) PROJECT INITIATION REQUEST.— 
‘‘(1) NOTICE.—A project sponsor shall provide 
the Federal agency responsible for undertaking a 
project with notice of the initiation of the project by 
providing a description of the proposed project, the 
general location of the proposed project, and a state-
ment of any Federal approvals anticipated to be nec-
essary for the proposed project, for the purpose of 
informing the Federal agency that the environmental 
review should be initiated. 
‘‘(2) LEAD AGENCY INITIATION.—The agency 
receiving a project initiation notice under paragraph 
(1) shall promptly identify the lead agency for the 
project, and the lead agency shall initiate the envi-
ronmental review within a period of 45 days after 
receiving the notice required by paragraph (1) by in-
viting or designating agencies to become partici-
pating agencies, or, where the lead agency deter-
mines that no participating agencies are required for 
the project, by taking such other actions that are 
reasonable and necessary to initiate the environ-
mental review. 
‘‘(g) ALTERNATIVES ANALYSIS.— 
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186 
‘‘(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-
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187 
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-
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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.— 
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189 
‘‘(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; 
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‘‘(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. 
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‘‘(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 
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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 
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193 
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.— 
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‘‘(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 
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195 
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-
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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 
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198 
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 
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199 
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-
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200 
mental Quality for further proceedings in ac-
cordance with section 204 of NEPA, and shall 
publish such notification in the Federal Reg-
ister. 
‘‘(k) LIMITATION ON USE OF SOCIAL COST OF CAR-
BON.— 
‘‘(1) IN GENERAL.—In the case of any environ-
mental review or environmental decisionmaking 
process, a lead agency may not use the social cost 
of carbon. 
‘‘(2) DEFINITION.—In this subsection, the term 
‘social cost of carbon’ means the social cost of car-
bon as described in the technical support document 
entitled ‘Technical Support Document: Technical 
Update of the Social Cost of Carbon for Regulatory 
Impact Analysis Under Executive Order No. 12866’, 
published by the Interagency Working Group on So-
cial Cost of Carbon, United States Government, in 
May 2013, revised in November 2013, or any suc-
cessor thereto or substantially related document, or 
any other estimate of the monetized damages associ-
ated with an incremental increase in carbon dioxide 
emissions in a given year. 
‘‘(l) REPORT TO CONGRESS.—The head of each Fed-
eral agency shall report annually to Congress— 
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‘‘(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. 
‘‘(m) 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— 
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‘‘(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-
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 
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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. 
‘‘(n) CATEGORIES OF PROJECTS.—The authorities 
granted under this subchapter may be exercised for an in-
dividual project or a category of projects. 
‘‘(o) 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. In the case of a 
project for which an environmental review or environ-
mental decisionmaking process was initiated prior to the 
date of enactment of this subchapter, the provisions of 
subsection (i) shall apply, except that, notwithstanding 
any other provision of this section, in determining a dead-
line under such subsection, any applicable period of time 
shall be calculated as beginning from the date of enact-
ment of this subchapter. 
‘‘(p) APPLICABILITY.—Except as provided in sub-
section (p), this subchapter applies, according to the provi-
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204 
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 
which a Federal agency is undertaking an environmental 
review. 
‘‘(q) 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, sections 5303 
and 5304 of title 49, 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 items 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 division, the Council on Environmental Qual-
ity shall amend the regulations contained in part 
1500 of title 40, Code of Federal Regulations, to im-
plement the provisions of this division and the 
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amendments made by this division, and shall by rule 
designate States with laws and procedures that sat-
isfy 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 
part 1500 of title 40, Code of Federal Regulations, 
to implement the provisions of this division and the 
amendments made by this division, each Federal 
agency with regulations implementing the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) shall amend such regulations to implement 
the provisions of this division. 
Æ 
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