I 
117TH CONGRESS 
1ST SESSION H. R. 3814 
To amend the National Environmental Policy Act of 1969 to impose time 
limits on the completion of certain required actions under the Act, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 11, 2021 
Ms. CHENEY introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committees on the 
Judiciary, Transportation and Infrastructure, and Energy and Com-
merce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To amend the National Environmental Policy Act of 1969 
to impose time limits on the completion of certain re-
quired actions under the Act, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Undoing NEPA’s Sub-
stantial Harm by Advancing Concepts that Kickstart the 
Liberation of the Economy Act’’ or the ‘‘UNSHACKLE 
Act’’. 
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subparagraph (A) and not later than 1 year 
after the date on which the head of the Federal 
agency publishes the notice of intent, the head 
of the Federal agency shall complete the envi-
ronmental impact statement and, if necessary, 
any supplemental environmental impact state-
ment for the proposed action. 
‘‘(D) PENALTIES.— 
‘‘(i) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) DIRECTOR.—The term ‘Di-
rector’ means the Director of the Of-
fice of Management and Budget. 
‘‘(II) FEDERAL
AGENCY.—The 
term ‘Federal agency’ does not in-
clude a State. 
‘‘(III) FINAL NEPA COMPLIANCE 
DATE.—The term ‘final NEPA com-
pliance date’, with respect to a pro-
posed action, means the date by which 
the head of a Federal agency is re-
quired to complete the NEPA process 
under subparagraph (A). 
‘‘(IV) HEAD
OF
A
FEDERAL 
AGENCY.—The term ‘head of a Fed-
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eral agency’ does not include the gov-
ernor or head of a State agency of a 
State. 
‘‘(V) INITIAL
EIS
COMPLIANCE 
DATE.—The term ‘initial EIS compli-
ance date’, with respect to a proposed 
action for which a Federal agency 
published a notice of intent described 
in subparagraph (B)(ii), means the 
date by which an environmental im-
pact statement for that proposed ac-
tion is required to be completed under 
subparagraph (C). 
‘‘(VI) INITIAL NEPA COMPLIANCE 
DATE.—The term ‘initial NEPA com-
pliance date’, with respect to a pro-
posed action, means the date by which 
the head of a Federal agency is re-
quired to issue or publish a document 
described in subparagraph (B) for 
that proposed action under that sub-
paragraph. 
‘‘(VII) INITIAL NONCOMPLIANCE 
DETERMINATION.—The term ‘initial 
noncompliance determination’ means 
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a 
determination 
under 
clause 
(ii)(I)(bb) that the head of a Federal 
agency has not complied with the re-
quirements of subparagraph (A), (B), 
or (C). 
‘‘(ii) INITIAL NONCOMPLIANCE.— 
‘‘(I) DETERMINATION.— 
‘‘(aa) 
NOTIFICATION.—As 
soon as practicable after the date 
described in section 109(3)(B)(i) 
for a proposed action of a Fed-
eral agency, the head of the Fed-
eral agency shall notify the Di-
rector that the head of the Fed-
eral agency is beginning the 
NEPA process for that proposed 
action. 
‘‘(bb) DETERMINATIONS OF 
COMPLIANCE.— 
‘‘(AA) INITIAL DETER-
MINATION.—As 
soon 
as 
practicable after the initial 
NEPA compliance date for a 
proposed action, the Direc-
tor shall determine whether, 
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as of the initial NEPA com-
pliance date, the head of the 
Federal agency has complied 
with subparagraph (B) for 
that proposed action. 
‘‘(BB) 
ENVIRON-
MENTAL
IMPACT
STATE-
MENT.—With respect to a 
proposed action of a Federal 
agency in which the head of 
the Federal agency publishes 
a notice of intent described 
in subparagraph (B)(ii), as 
soon as practicable after the 
initial EIS compliance date 
for a proposed action, the 
Director 
shall 
determine 
whether, as of the initial 
EIS compliance date, the 
head of the Federal agency 
has complied with subpara-
graph (C) for that proposed 
action. 
‘‘(CC) COMPLETION OF 
NEPA PROCESS.—As soon as 
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practicable after the final 
NEPA compliance date for a 
proposed action, the Direc-
tor shall determine whether, 
as of the final NEPA com-
pliance date, the head of the 
Federal agency has complied 
with subparagraph (A) for 
that proposed action. 
‘‘(II) IDENTIFICATION; PENALTY; 
NOTIFICATION.—If 
the 
Director 
makes an initial noncompliance deter-
mination for a proposed action— 
‘‘(aa) 
the 
Director 
shall 
identify the account for the sala-
ries and expenses of the office of 
the head of the Federal agency, 
or an equivalent account; 
‘‘(bb) beginning on the day 
after the date on which the Di-
rector makes the initial non-
compliance 
determination, 
the 
amount that the head of the Fed-
eral agency may obligate from 
the account identified under item 
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(aa) for the fiscal year during 
which the determination is made 
shall be reduced by 0.5 percent 
from the amount initially made 
available for the account for that 
fiscal year; and 
‘‘(cc) the Director shall no-
tify the head of the Federal 
agency of— 
‘‘(AA) the initial non-
compliance determination; 
‘‘(BB) 
the 
account 
identified under item (aa); 
and 
‘‘(CC) 
the 
reduction 
under item (bb). 
‘‘(iii) CONTINUED NONCOMPLIANCE.— 
‘‘(I) 
DETERMINATION.—Every 
90 days after the date of an initial 
noncompliance determination, the Di-
rector shall determine whether the 
head of the Federal agency has com-
plied with the applicable requirements 
of subparagraphs (A) through (C) for 
the proposed action, until the date on 
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which the Director determines that 
the head of the Federal agency has 
completed the NEPA process for the 
proposed action. 
‘‘(II) PENALTY; NOTIFICATION.— 
For each determination made by the 
Director under subclause (I) that the 
head of a Federal agency has not 
complied with a requirement of sub-
paragraph (A), (B), or (C) for a pro-
posed action— 
‘‘(aa) the amount that the 
head of the Federal agency may 
obligate from the account identi-
fied under clause (ii)(II)(aa) for 
the fiscal year during which the 
most recent determination under 
subclause (I) is made shall be re-
duced by 0.5 percent from the 
amount initially made available 
for the account for that fiscal 
year; and 
‘‘(bb) the Director shall no-
tify the head of the Federal 
agency of— 
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‘‘(AA) the determina-
tion under subclause (I); 
and 
‘‘(BB) 
the 
reduction 
under item (aa). 
‘‘(iv) REQUIREMENTS.— 
‘‘(I) AMOUNTS NOT RESTORED.— 
A reduction in the amount that the 
head of a Federal agency may obligate 
under 
clause 
(ii)(II)(bb) 
or 
(iii)(II)(aa) during a fiscal year shall 
not be restored for that fiscal year, 
without regard to whether the head of 
a 
Federal 
agency 
completes 
the 
NEPA process for the proposed action 
with respect to which the Director 
made an initial noncompliance deter-
mination or a determination under 
clause (iii)(I). 
‘‘(II) REQUIRED
TIMELINES.— 
The violation of subparagraph (B) or 
(C), and any action carried out to re-
mediate or otherwise address the vio-
lation, shall not affect any other appli-
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cable compliance date under subpara-
graph (A), (B), or (C). 
‘‘(E) UNEXPECTED
CIRCUMSTANCES.—If, 
while carrying out a proposed action after the 
completion of the NEPA process for that pro-
posed action, a Federal agency or project spon-
sor encounters a new or unexpected cir-
cumstance or condition that may require the re-
evaluation of the proposed action under this 
title, the head of the Federal agency with re-
sponsibility for carrying out the NEPA process 
for the proposed action shall— 
‘‘(i) consider whether mitigating the 
new or unexpected circumstance or condi-
tion is sufficient to avoid significant effects 
that may result from the circumstance or 
condition; and 
‘‘(ii) if the head of the Federal agency 
determines under clause (i) that the sig-
nificant effects that result from the cir-
cumstance or condition can be avoided, 
mitigate the circumstance or condition 
without carrying out the NEPA process 
again. 
‘‘(2) AUTHORIZATIONS AND PERMITS.— 
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‘‘(A) IN
GENERAL.—Not later than 90 
days after the date described in section 
109(3)(B)(ii), the head of a Federal agency 
shall issue— 
‘‘(i) any necessary permit or author-
ization to carry out the proposed action; or 
‘‘(ii) a denial of the permit or author-
ization necessary to carry out the proposed 
action. 
‘‘(B) EFFECT OF FAILURE TO ISSUE AU-
THORIZATION OR PERMIT.—If a permit or au-
thorization described in subparagraph (A) is 
not issued or denied within the period described 
in that subparagraph, the permit or authoriza-
tion shall be considered to be approved. 
‘‘(C) DENIAL OF PERMIT OR AUTHORIZA-
TION.— 
‘‘(i) IN GENERAL.—If a permit or au-
thorization described in subparagraph (A) 
is denied, the head of the Federal agency 
shall describe to the project sponsor— 
‘‘(I) the basis of the denial; and 
‘‘(II) recommendations for the 
project sponsor with respect to how to 
address the reasons for the denial. 
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‘‘(ii) RECOMMENDED
CHANGES.—If 
the project sponsor carries out the rec-
ommendations of the head of the Federal 
agency under clause (i)(II) and notifies the 
head of the Federal agency that the rec-
ommendations have been carried out, the 
head of the Federal agency— 
‘‘(I) shall decide whether to issue 
the permit or authorization described 
in subparagraph (A) not later than 90 
days after date on which the project 
sponsor submitted the notification; 
and 
‘‘(II) shall not carry out the 
NEPA process with respect to the 
proposed action again.’’. 
(b) AGENCY PROCESS REFORMS.—Section 105 of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) (as added by subsection (a)(2)) is amended 
by adding at the end the following: 
‘‘(c) PROHIBITIONS.—In carrying out the NEPA 
process, the head of a Federal agency may not— 
‘‘(1) consider whether a proposed action or an 
alternative to the proposed action considered by the 
head of the Federal agency, including the design, en-
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vironmental impact, mitigation measures, or adapta-
tion measures of the proposed action or alternative 
to the proposed action, has an effect on climate 
change; 
‘‘(2) with respect to a proposed action or an al-
ternative to the proposed action considered by the 
head of the Federal agency, consider the effects of 
the emission of greenhouse gases on climate change; 
‘‘(3) consider an alternative to the proposed ac-
tion if the proposed action is not technically or eco-
nomically feasible to the project sponsor; or 
‘‘(4) consider an alternative to the proposed ac-
tion that is not within the jurisdiction of the Federal 
agency. 
‘‘(d) ENVIRONMENTAL DOCUMENTS.— 
‘‘(1) EIS REQUIRED.—In carrying out the 
NEPA process for a proposed action that requires 
the preparation of an environmental impact state-
ment, the head of a Federal agency shall produce for 
the proposed action not more than 1— 
‘‘(A) environmental impact statement; 
‘‘(B) if necessary, environmental assess-
ment; and 
‘‘(C) record of decision. 
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‘‘(2) EIS NOT REQUIRED.—In carrying out the 
NEPA process for a proposed action that does not 
require the preparation of an environmental impact 
statement, the head of a Federal agency shall 
produce for the proposed action not more than 1— 
‘‘(A) environmental assessment; or 
‘‘(B) finding of no significant impact. 
‘‘(e) CATEGORICAL EXCLUSIONS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law and subject to paragraph (2), the 
head of a Federal agency may, without further ap-
proval, use a categorical exclusion under this title 
that has been approved by— 
‘‘(A)(i) another Federal agency; and 
‘‘(ii) the Council on Environmental Qual-
ity; or 
‘‘(B) an Act of Congress. 
‘‘(2) REQUIREMENTS.—The head of a Federal 
agency may use a categorical exclusion described in 
paragraph (1) if the head of the Federal agency— 
‘‘(A) carefully reviews the description of 
the proposed action to ensure that it fits within 
the category of actions described in the categor-
ical exclusion; and 
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‘‘(B) considers the circumstances associ-
ated with the proposed action to ensure that 
there are no extraordinary circumstances that 
warrant the preparation of an environmental 
assessment or an environmental impact state-
ment. 
‘‘(3) EXTRAORDINARY CIRCUMSTANCES.—If the 
head of a Federal agency determines that extraor-
dinary circumstances are present with respect to a 
proposed action, the head of the Federal agency 
shall— 
‘‘(A) consider whether mitigating cir-
cumstances or other conditions are sufficient to 
avoid significant effects of the proposed action; 
and 
‘‘(B) if the head of the Federal agency de-
termines that those significant effects can be 
avoided, apply a categorical exclusion to the 
proposed action. 
‘‘(f) REUSE OF WORK; DOCUMENTS PREPARED BY 
QUALIFIED 3RD PARTIES.— 
‘‘(1) IN GENERAL.—In carrying out the NEPA 
process for a proposed action— 
‘‘(A) subject to paragraph (2), the head of 
a Federal agency shall— 
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‘‘(g) MULTI-AGENCY PROJECTS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COOPERATING
AGENCY.—The term 
‘cooperating agency’ means a Federal agency 
involved in a proposed action that— 
‘‘(i) is not the lead agency; and 
‘‘(ii) has the jurisdiction or special ex-
pertise such that the Federal agency needs 
to be consulted— 
‘‘(I) to use a categorical exclu-
sion; or 
‘‘(II) to prepare an environ-
mental assessment or environmental 
impact statement, as applicable. 
‘‘(B) LEAD
AGENCY.—The term ‘lead 
agency’ means the Federal agency selected 
under paragraph (2)(A). 
‘‘(2) AGENCY DESIGNATION.— 
‘‘(A) LEAD AGENCY.—In carrying out the 
NEPA process for a proposed action that re-
quires authorization from multiple Federal 
agencies, the heads of the applicable Federal 
agencies shall determine the lead agency for the 
proposed action. 
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‘‘(B) INVITATION.—The head of the lead 
agency may invite any relevant State, local, or 
Tribal agency with Federal authorization deci-
sion responsibility to be a cooperating agency. 
‘‘(3) RESPONSIBILITIES
OF
LEAD
AGENCY.— 
The lead agency for a proposed action shall— 
‘‘(A) as soon as practicable and in con-
sultation with the cooperating agencies, deter-
mine whether a proposed action requires the 
preparation of an environmental impact state-
ment; and 
‘‘(B) if the head of the lead agency deter-
mines under subparagraph (A) that an environ-
mental impact statement is necessary— 
‘‘(i) be responsible for coordinating 
the preparation of an environmental im-
pact statement; 
‘‘(ii) provide cooperating agencies with 
an opportunity to review and contribute to 
the preparation of the environmental im-
pact statement and environmental assess-
ment, as applicable, of the proposed action, 
except that the cooperating agency shall 
limit comments to issues within the special 
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expertise or jurisdiction of the cooperating 
agency; and 
‘‘(iii) subject to subsection (c), as 
soon as practicable and in consultation 
with the cooperating agencies, determine 
the range of alternatives to be considered 
for the proposed action. 
‘‘(4) ENVIRONMENTAL
DOCUMENTS.—In car-
rying out the NEPA process for a proposed action, 
the lead agency shall prepare not more than 1 of 
each type of document described in paragraph (1) or 
(2) of subsection (d), as applicable— 
‘‘(A) in consultation with cooperating 
agencies; and 
‘‘(B) for all applicable Federal agencies. 
‘‘(5) PROHIBITIONS.— 
‘‘(A) IN GENERAL.—A cooperating agency 
may not evaluate an alternative to the proposed 
action that has not been determined to be with-
in the range of alternatives considered under 
paragraph (3)(B)(iii). 
‘‘(B) OMISSION.—If a cooperating agency 
submits to the lead agency an evaluation of an 
alternative that does not meet the requirements 
of subsection (c), the lead agency shall omit the 
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alternative from the environmental impact 
statement. 
‘‘(h) REPORTS.— 
‘‘(1) NEPA DATA.— 
‘‘(A) IN
GENERAL.—The head of each 
Federal agency that carries out the NEPA 
process shall carry out a process to track, and 
annually submit to Congress a report con-
taining, the information described in subpara-
graph (B). 
‘‘(B) INFORMATION DESCRIBED.—The in-
formation referred to in subparagraph (A) is, 
with respect to the Federal agency issuing the 
report under that subparagraph— 
‘‘(i) the number of proposed actions 
for which a categorical exclusion was 
issued during the reporting period; 
‘‘(ii) the length of time the Federal 
agency took to issue the categorical exclu-
sions described in clause (i); 
‘‘(iii) the number of proposed actions 
pending on the date on which the report is 
submitted for which the issuance of a cat-
egorical exclusion is pending; 
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‘‘(iv) the number of proposed actions 
for which an environmental assessment 
was issued during the reporting period; 
‘‘(v) the length of time the Federal 
agency took to complete each environ-
mental assessment described in clause (iv); 
‘‘(vi) the number of proposed actions 
pending on the date on which the report is 
submitted for which an environmental as-
sessment is being drafted; 
‘‘(vii) the number of proposed actions 
for which an environmental impact state-
ment was issued during the reporting pe-
riod; 
‘‘(viii) the length of time the Federal 
agency took to complete each environ-
mental impact statement described in 
clause (vii); and 
‘‘(ix) the number of proposed actions 
pending on the date on which the report is 
submitted for which an environmental im-
pact statement is being drafted. 
‘‘(2) NEPA COSTS.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this subsection, 
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the Chair of the Council on Environmental 
Quality and the Director of the Office of Man-
agement and Budget shall jointly develop a 
methodology to assess the comprehensive costs 
of the NEPA process. 
‘‘(B) REQUIREMENTS.—The head of each 
Federal agency that carries out the NEPA 
process shall— 
‘‘(i) adopt the methodology developed 
under subparagraph (A); and 
‘‘(ii) use the methodology developed 
under subparagraph (A) to annually sub-
mit to Congress a report describing— 
‘‘(I) the comprehensive cost of 
the NEPA process for each proposed 
action that was carried out within the 
reporting period; and 
‘‘(II) for a proposed action for 
which the head of the Federal agency 
is still completing the NEPA process 
at the time the report is submitted— 
‘‘(aa) the amount of money 
expended to date to carry out the 
NEPA process for the proposed 
action; and 
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‘‘(bb) an estimate of the re-
maining costs before the NEPA 
process for the proposed action is 
complete.’’. 
(c) LEGAL REFORMS.—Section 105 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) (as amended by subsection (b)) is amended by add-
ing at the end the following: 
‘‘(i) JUDICIAL REVIEW.— 
‘‘(1) STANDING.—Notwithstanding any other 
provision of law, a plaintiff may only bring a claim 
arising under Federal law seeking judicial review of 
a portion of the NEPA process if the plaintiff pleads 
facts that allege that the plaintiff has personally suf-
fered, or will likely personally suffer, a direct, tan-
gible harm as a result of the portion of the NEPA 
process for which the plaintiff is seeking review. 
‘‘(2) STATUTE OF LIMITATIONS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law and except as provided in 
subparagraph (B)(ii), a claim arising under 
Federal law seeking judicial review of any por-
tion of the NEPA process shall be barred un-
less it is filed not later than the earlier of— 
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‘‘(I) 150 days after the publica-
tion of a notice in the Federal Reg-
ister that the supplemental environ-
mental impact statement is final; and 
‘‘(II) if applicable, an earlier date 
after which judicial review is barred 
that is specified in the Federal law 
pursuant to which the judicial review 
is allowed. 
‘‘(C) SAVINGS
CLAUSE.—Nothing in this 
paragraph creates a right to judicial review. 
‘‘(3) REMEDIES.— 
‘‘(A) PRELIMINARY
INJUNCTIONS
AND 
TEMPORARY RESTRAINING ORDERS.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), in a motion for a temporary restrain-
ing order or preliminary injunction against 
a Federal agency or project sponsor in a 
claim arising under Federal law seeking ju-
dicial review of any portion of the NEPA 
process, the plaintiff shall establish by 
clear and convincing evidence that— 
‘‘(I) the plaintiff is likely to suc-
ceed on the merits; 
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‘‘(II) the plaintiff is likely to suf-
fer irreparable harm in the absence of 
the temporary restraining order or 
preliminary injunction, as applicable; 
‘‘(III) the balance of equities is 
tipped in the favor of the plaintiff; 
and 
‘‘(IV) the temporary restraining 
order or preliminary injunction is in 
the public interest. 
‘‘(ii) ADDITIONAL
REQUIREMENTS.— 
A court may not grant a motion described 
in clause (i) unless the court— 
‘‘(I) makes a finding of extraor-
dinary circumstances that warrant the 
granting of the motion; 
‘‘(II) considers the potential ef-
fects on public health, safety, and the 
environment, and the potential for sig-
nificant negative effects on jobs re-
sulting from granting the motion; and 
‘‘(III) notwithstanding any other 
provision of law, applies the require-
ments of Rule 65(c) of the Federal 
Rules of Civil Procedure. 
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‘‘(B) PERMANENT INJUNCTIONS.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), in a motion for a permanent injunc-
tion against a Federal agency or project 
sponsor a claim arising under Federal law 
seeking judicial review of any portion of 
the NEPA process, the plaintiff shall es-
tablish by clear and convincing evidence 
that— 
‘‘(I) the plaintiff has suffered an 
irreparable injury; 
‘‘(II) remedies available at law, 
including monetary damages, are in-
adequate to compensate for the in-
jury; 
‘‘(III) considering the balance of 
hardship between the plaintiff and de-
fendant, a remedy in equity is war-
ranted; 
‘‘(IV) the public interest is not 
disserved by a permanent injunction; 
and 
‘‘(V) if the error or omission of a 
Federal agency in a statement re-
quired under this title is the grounds 
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for which the plaintiff is seeking judi-
cial review, the error or omission is 
likely to result in specific, irreparable 
damage to the environment. 
‘‘(ii) ADDITIONAL SHOWING.—A court 
may not grant a motion described in clause 
(i) unless— 
‘‘(I) the court makes a finding 
that extraordinary circumstances exist 
that warrant the granting of the mo-
tion; and 
‘‘(II) the permanent injunction 
is— 
‘‘(aa) as narrowly tailored as 
possible to correct the injury; and 
‘‘(bb) the least intrusive 
means necessary to correct the 
injury.’’. 
(d) OTHER REFORMS.—Title I of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
is amended by inserting after section 105 (as amended 
by subsection (c)) the following: 
‘‘SEC. 106. EPA REVIEW. 
‘‘(a) DEFINITION OF FEDERAL AGENCY.—In this 
section, the term ‘Federal agency’ includes a State that 
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has assumed the responsibility of a Federal agency 
under— 
‘‘(1) section 107; or 
‘‘(2) section 327 of title 23, United States 
Code. 
‘‘(b) EPA COMMENTS.—The Administrator of the 
Environmental Protection Agency (referred to in this sec-
tion as the ‘Administrator’) may comment on a draft or 
final submission of an environmental impact statement 
from any Federal agency. 
‘‘(c) TECHNICAL ASSISTANCE.—The Administrator 
may, on request of a Federal agency preparing a draft 
or final environmental impact statement, provide technical 
assistance in the completion of that environmental impact 
statement. 
‘‘SEC. 107. PROJECT DELIVERY PROGRAMS. 
‘‘(a) DEFINITION OF AGENCY PROGRAM.—In this 
section, the term ‘agency program’ means a project deliv-
ery program established by a Federal agency under sub-
section (b)(1). 
‘‘(b) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The head of each Federal 
agency, including the Secretary of Transportation, 
shall carry out a project delivery program. 
‘‘(2) ASSUMPTION OF RESPONSIBILITY.— 
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the head of each Federal agency 
shall, on request of a State, enter into a written 
agreement with the State, which may be in the 
form of a memorandum of understanding, in 
which the head of each Federal agency may as-
sign, and the State may assume, the respon-
sibilities of the head of the Federal agency 
under this title with respect to 1 or more 
projects within the State that are under the ju-
risdiction of the Federal agency. 
‘‘(B) EXCEPTION.—The head of a Federal 
agency shall not enter into a written agreement 
under subparagraph (A) if the head of the Fed-
eral agency determines that the State is not in 
compliance with the requirements described in 
subsection (c)(4). 
‘‘(C) ADDITIONAL RESPONSIBILITY.—If a 
State assumes responsibility under subpara-
graph (A)— 
‘‘(i) the head of the Federal agency 
may assign to the State, and the State 
may assume, all or part of the responsibil-
ities of the head of the Federal agency for 
environmental 
review, 
consultation, 
or 
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