I 
117TH CONGRESS 
1ST SESSION H. R. 4740 
To amend the National Environmental Policy Act of 1969 to reform agency 
process requirements, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2021 
Mr. GOSAR introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
To amend the National Environmental Policy Act of 1969 
to reform agency process requirements, 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 ‘‘NEPA Agency Process 
Accountability Act’’. 
SEC. 2. AGENCY PROCESS REFORMS UNDER NEPA. 
Title I of the National Environmental Policy Act of 
1969 is amended— 
(1) by redesignating section 105 (42 U.S.C. 
4335) as section 106; and 
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(2) by inserting after section 104 (42 U.S.C. 
4334) the following: 
‘‘SEC. 105. AGENCY PROCESS REFORMS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 
ENVIRONMENTAL
ASSESSMENT.—The 
term ‘environmental assessment’ has the meaning 
given the term in section 1508.9 of title 40, Code of 
Federal Regulations (or a successor regulation). 
‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— 
The term ‘environmental impact statement’ means a 
detailed statement required under section 102(2)(C). 
‘‘(3) FEDERAL
AGENCY.—The term ‘Federal 
agency’ includes a State that has assumed responsi-
bility under section 327 of title 23, United States 
Code. 
‘‘(4) HEAD OF A FEDERAL AGENCY.—The term 
‘head of a Federal agency’ includes the governor or 
head of an applicable State agency of a State that 
has assumed responsibility under section 327 of title 
23, United States Code. 
‘‘(5) NEPA PROCESS.— 
‘‘(A) IN
GENERAL.—The term ‘NEPA 
process’ means the entirety of every process, 
analysis, or other measure, including an envi-
ronmental impact statement, required to be car-
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ried out by a Federal agency under this title be-
fore the agency undertakes a proposed action. 
‘‘(B) PERIOD.—For purposes of subpara-
graph (A), the NEPA process— 
‘‘(i) begins on the date on which the 
head of a Federal agency receives an appli-
cation for a proposed action from a project 
sponsor; and 
‘‘(ii) ends on the date on which the 
Federal agency issues, with respect to the 
proposed action— 
‘‘(I) a record of decision, includ-
ing, if necessary, a revised record of 
decision; 
‘‘(II) a finding of no significant 
impact; or 
‘‘(III) a categorical exclusion 
under this title. 
‘‘(6) PROJECT
SPONSOR.—The term ‘project 
sponsor’ means a Federal agency or other entity, in-
cluding a private or public-private entity, that seeks 
approval of a proposed action. 
‘‘(b) PROHIBITIONS.—In carrying out the NEPA 
process, the head of a Federal agency may not— 
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‘‘(1) consider an alternative to the proposed ac-
tion if the proposed action is not technically or eco-
nomically feasible to the project sponsor; or 
‘‘(2) consider an alternative to the proposed ac-
tion that is not within the jurisdiction of the Federal 
agency. 
‘‘(c) 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. 
‘‘(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. 
‘‘(d) CATEGORICAL EXCLUSIONS.— 
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‘‘(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 
‘‘(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 
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subparagraph (A)(i) shall issue a written deci-
sion approving or denying the request not later 
than 30 days after the date on which the writ-
ten request is received. 
‘‘(C) NO
PRIOR
WORK.—The head of a 
Federal agency may not adopt an environ-
mental document under paragraph (1)(B)(ii) if 
the qualified third party began preparing the 
document prior to the date on which the head 
of the Federal agency issues the written deci-
sion under subparagraph (B) approving the re-
quest. 
‘‘(D) DENIALS.—If the head of a Federal 
agency issues a written decision denying the re-
quest under subparagraph (A)(i), the head of 
the Federal agency shall submit to the project 
sponsor with the written decision the findings 
that served as the basis of the denial. 
‘‘(4) UNEXPECTED CIRCUMSTANCES.—If, while 
carrying out a proposed action after the completion 
of the NEPA process for that proposed action, a 
Federal agency or project sponsor encounters a new 
or unexpected circumstance or condition that may 
require the reevaluation of the proposed action 
under this title, the head of the Federal agency with 
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responsibility for carrying out the NEPA process for 
the proposed action shall— 
‘‘(A) consider whether mitigating the new 
or unexpected circumstance or condition is suf-
ficient to avoid significant effects that may re-
sult from the circumstance or condition; and 
‘‘(B) if the head of the Federal agency de-
termines under subparagraph (A) 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. 
‘‘(f) 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 
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‘‘(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. 
‘‘(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 
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‘‘(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 
expertise or jurisdiction of the cooperating 
agency; and 
‘‘(iii) subject to subsection (b), 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 (c), as applicable— 
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‘‘(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 (b), the lead agency shall omit the 
alternative from the environmental impact 
statement. 
‘‘(g) 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, 
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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; 
‘‘(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-
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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, 
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 
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‘‘(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 
‘‘(bb) an estimate of the re-
maining costs before the NEPA 
process for the proposed action is 
complete.’’. 
Æ 
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