‘‘(A) the environmental impact statement 
not later than the date that is 2 years after the 
date on which such agency determines that sec-
tion 102(2)(C) requires the issuance of an envi-
ronmental impact statement with respect to 
such action; or 
‘‘(B) the environmental assessment not 
later than the date that is 1 year after the date 
on which such agency determines that such 
102(2)(C) requires the issuance of an environ-
mental assessment with respect to such action. 
‘‘(2) DELAY.—A lead agency that determines it 
is not able to meet the deadline described in para-
graph (1) may approve a delay of such deadline in 
writing and establish a new timeline that provides 
only so much additional time as is necessary to com-
plete such environmental impact statement or envi-
ronmental assessment. 
‘‘SEC. 108. JUDICIAL REVIEW. 
‘‘(a) LIMITATIONS
ON
CLAIMS.—Notwithstanding 
any other provision of law, a claim arising under Federal 
law seeking judicial review of compliance with this Act, 
of a determination made under this Act, or of Federal ac-
tion resulting from a determination made under this Act, 
shall be barred unless— 
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‘‘(1) in the case of a claim pertaining to a pro-
posed agency action for which— 
‘‘(A) an environmental document was pre-
pared and an opportunity for comment was pro-
vided; 
‘‘(B) the claim is filed by a party that par-
ticipated in the administrative proceedings re-
garding such environmental document; or 
‘‘(C) the claim is filed by a party that sub-
mitted a comment during the public comment 
period for such administrative proceedings and 
such comment was sufficiently detailed to put 
the lead agency on notice of the issue upon 
which the party seeks judicial review; 
‘‘(2) except as provided in subsection (b), such 
claim is filed not later than 120 days after the date 
of publication of a notice in the Federal Register of 
agency intent to carry out the proposed agency ac-
tion; 
‘‘(3) such claim is filed after the issuance of a 
record of decision or other final agency action with 
respect to the relevant proposed agency action; and 
‘‘(4) such claim does not challenge the estab-
lishment of a categorical exclusion under section 
102. 
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‘‘(b) 
SUPPLEMENTAL
ENVIRONMENTAL
IMPACT 
STATEMENT.— 
‘‘(1) SEPARATE FINAL AGENCY ACTION.—The 
issuance of a supplemental environmental impact 
statement shall be considered a final agency action 
for the purposes of chapter 5 of title 5, United 
States Code, separate from the issuance of any pre-
vious environmental impact statement with respect 
to the same proposed agency action. 
‘‘(2) DEADLINE FOR FILING A CLAIM.—A claim 
seeking judicial review of a supplemental environ-
mental review issued under section 102(2)(C) shall 
be barred unless— 
‘‘(A) such claim is filed within 120 days of 
the date on which such supplemental environ-
mental impact statement is issued; and 
‘‘(B) such claim is based on information 
contained in such supplemental environmental 
impact statement that was not contained in a 
previous environmental document pertaining to 
the same proposed agency action. 
‘‘(c) PROHIBITION ON INJUNCTIVE RELIEF.—Not-
withstanding any other provision of law, a violation of this 
Act shall not constitute the basis for injunctive relief. 
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‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sub-
section shall be construed to create a right of judicial re-
view or place any limit on filing a claim with respect to 
the violation of the terms of a permit, license, or approval. 
‘‘SEC. 109. DEFINITIONS. 
‘‘In this title: 
‘‘(1) CATEGORICAL
EXCLUSION.—The term 
‘categorical exclusion’ means a category of actions 
that a Federal agency has determined normally does 
not significantly affect the quality of the human en-
vironment within the meaning of section 102(2)(C). 
‘‘(2) COOPERATING
AGENCY.—The term ‘co-
operating agency’ means any Federal, State, Tribal, 
or local agency that has been designated as a co-
operating agency under section 107(a)(4). 
‘‘(3) COUNCIL.—The term ‘Council’ means the 
Council on Environmental Quality established in 
title II. 
‘‘(4) 
ENVIRONMENTAL
ASSESSMENT.—The 
term ‘environmental assessment’ means an environ-
mental 
assessment 
prepared 
under 
section 
106(b)(2). 
‘‘(5) ENVIRONMENTAL DOCUMENT.—The term 
‘environmental document’ means an environmental 
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impact statement, an environmental assessment, or 
a finding of no significant impact. 
‘‘(6) ENVIRONMENTAL IMPACT STATEMENT.— 
The term ‘environmental impact statement’ means a 
detailed written statement that is required by section 
102(2)(C) of this Act. 
‘‘(7) FINDING OF NO SIGNIFICANT IMPACT.— 
The term ‘finding of no significant impact’ means a 
determination by a Federal agency that a proposed 
agency action does not require the issuance of an en-
vironmental impact statement. 
‘‘(8) INVOLVED FEDERAL AGENCY.—The term 
‘involved Federal agency’ means an agency that, 
with respect to a proposed agency action— 
‘‘(A) proposed such action; or 
‘‘(B) is involved in such action because 
such action is directly related, through func-
tional interdependence or geographic proximity, 
to an action such agency has taken or has pro-
posed to take. 
‘‘(9) LEAD AGENCY.—The term ‘lead agency’ 
means, with respect to a proposed agency action— 
‘‘(A) the agency that proposed such action; 
or 
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‘‘(B) if there are 2 or more involved Fed-
eral agencies with respect to such action, the 
agency designated under section 107(a). 
‘‘(10) MAJOR FEDERAL ACTION.— 
‘‘(A) IN GENERAL.—The term ‘major Fed-
eral action’ means an action that the agency 
carrying out such action determines is subject 
to Federal control and responsibility. 
‘‘(B) EXCLUSION.—The term ‘major Fed-
eral action’ does not include— 
‘‘(i) a non-Federal action with mini-
mal Federal funding or minimal Federal 
involvement where a Federal agency can-
not control the outcome of the project; 
‘‘(ii) funding assistance solely in the 
form of general revenue sharing funds with 
no Federal agency control over the subse-
quent use of such funds; 
‘‘(iii) loans, loan guarantees, or other 
forms of financial assistance where a Fed-
eral agency does not exercise sufficient 
control and responsibility over the effect of 
the action; 
‘‘(iv) farm ownership and operating 
loan guarantees by the Farm Service 
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Agency pursuant to sections 305 and 311 
through 319 of the Consolidated Farmers 
Home Administration Act of 1961 (7 
U.S.C. 1925 and 1941 through 1949); 
‘‘(v) business loan guarantees pro-
vided by the Small Business Administra-
tion pursuant to section 7(a) or (b) and of 
the Small Business Act (15 U.S.C. 
636(a)), or title V of the Small Business 
Investment Act of 1958 (15 U.S.C. 695 et 
seq.); or 
‘‘(vi) bringing judicial or administra-
tive civil or criminal enforcement actions. 
‘‘(11) REASONABLY FORESEEABLE.—The term 
‘reasonably foreseeable’ means sufficiently likely to 
occur such that an individual of ordinary prudence 
would take such occurrence into account in reaching 
a decision.’’. 
Æ 
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