‘‘(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 
‘‘(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 ex-
tend beyond a period that is 1 year after 
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the lead agency issues the record of decision 
or finding of no significant impact. 
‘‘(C) FAILURE TO ACT.—In the event that 
any Federal agency fails to approve, or otherwise 
to act upon, a permit, license, or other similar 
application for approval related to a project 
within the applicable deadline described in sub-
paragraph (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 appoval within 
30 days of the applicable deadline described in 
subparagraph (A) or (B). 
‘‘(D) FINAL
AGENCY
ACTION.—Any ap-
proval under subparagraph (C) is deemed to be 
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 
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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 alter-
natives under consideration. Such information may 
be based on existing data sources, including geo-
graphic 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 
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a meeting with the relevant participating agen-
cies and the project sponsor, to resolve issues that 
could delay completion of the environmental re-
view or could result in denial of any approvals 
required for the project under applicable laws. 
‘‘(B) NOTICE THAT RESOLUTION CANNOT BE 
ACHIEVED.—If a resolution cannot be achieved 
within 30 days following such a meeting and a 
determination by the lead agency that all infor-
mation necessary to resolve the issue has been ob-
tained, the lead agency shall notify the heads of 
all participating agencies, the project sponsor, 
and the Council on Environmental Quality for 
further proceedings in accordance with section 
204 of NEPA, and shall publish such notifica-
tion in the Federal Register. 
‘‘(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 complete 
the environmental review for each such project; 
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‘‘(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.— 
‘‘(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 sub-
mitted a comment during the environmental re-
view on the issue on which the party seeks judi-
cial review, and such comment was sufficiently 
detailed to put the lead agency on notice of the 
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issue upon which the party seeks judicial review; 
and 
‘‘(B) filed within 180 days after publication 
of a notice in the Federal Register announcing 
that the permit, license, or approval is final pur-
suant to the law under which the agency action 
is taken, unless a shorter time is specified in the 
Federal law pursuant to which judicial review is 
allowed. 
‘‘(2) NEW INFORMATION.—The preparation of a 
supplemental environmental impact statement, when 
required, is deemed a separate final agency action 
and the deadline for filing a claim for judicial review 
of such action shall be 180 days after the date of pub-
lication of a notice in the Federal Register announc-
ing the record of decision for such action. Any claim 
challenging agency action on the basis of information 
in a supplemental environmental impact statement 
shall be limited to challenges on the basis of that in-
formation. 
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to create a right to judi-
cial review or place any limit on filing a claim that 
a person has violated the terms of a permit, license, 
or approval. 
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‘‘(m) CATEGORIES
OF PROJECTS.—The authorities 
granted under this subchapter may be exercised for an indi-
vidual project or a category of projects. 
‘‘(n) EFFECTIVE DATE.—The requirements of this sub-
chapter shall apply only to environmental reviews and en-
vironmental decisionmaking processes initiated after the 
date of enactment of this subchapter. 
‘‘(o) APPLICABILITY.—This subchapter applies, ac-
cording to the provisions 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 en-
vironmental review.’’. 
(b) TECHNICAL AMENDMENT.—The table of sections for 
chapter 5 of title 5, United States Code, is amended by in-
serting after the item relating to subchapter II the fol-
lowing: 
‘‘SUBCHAPTER IIA—INTERAGENCY COORDINATION REGARDING PER-
MITTING 
‘‘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 
Act, the Council on Environmental Quality shall 
amend the regulations contained in part 1500 of title 
40, Code of Federal Regulations, to implement the 
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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 
part 1500 of title 40, Code of Federal Regulations, to 
implement the provisions of this Act and the amend-
ments 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 provi-
sions of this subchapter. 
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Union Calendar No. 431 
112TH CONGRESS 
2D SESSION 
H. R. 4377 
[Report No. 112–596, Part I] 
A BILL 
To provide for improved coordination of agency ac-
tions in the preparation and adoption of environ-
mental documents for permitting determinations, 
and for other purposes. 
JULY 17, 2012 
Reported from the Committee on the Judiciary with an 
amendment 
JULY 17, 2012 
The Committee on Natural Resources discharged; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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