H. R. 22—446 
(A) IN GENERAL.—Following participation under para-
graph (1) and subject to subparagraph (B), the lead agency 
shall determine the range of reasonable alternatives for 
consideration in any document that the lead agency is 
responsible for preparing for the covered project. 
(B) ALTERNATIVES REQUIRED BY LAW.—In determining 
the range of alternatives under subparagraph (A), the lead 
agency shall include all alternatives required to be consid-
ered by law. 
(3) METHODOLOGIES.— 
(A) IN
GENERAL.—The lead agency shall determine, 
in collaboration with each cooperating agency at appro-
priate times during the environmental review, the meth-
odologies to be used and the level of detail required in 
the analysis of each alternative for a covered project. 
(B) ENVIRONMENTAL
REVIEW.—A cooperating agency 
shall use the methodologies referred to in subparagraph 
(A) when conducting any required environmental review, 
to the extent consistent with existing law. 
(4) PREFERRED ALTERNATIVE.—With the concurrence of the 
cooperating agencies with jurisdiction under Federal law and 
at the discretion of the lead agency, the preferred alternative 
for a project, after being identified, may be developed to a 
higher level of detail than other alternatives to facilitate the 
development of mitigation measures or concurrent compliance 
with other applicable laws if the lead agency determines that 
the development of the higher level of detail will not prevent— 
(A) the lead agency from making an impartial decision 
as to whether to accept another alternative that is being 
considered in the environmental review; and 
(B) the public from commenting on the preferred and 
other alternatives. 
(d) ENVIRONMENTAL REVIEW COMMENTS.— 
(1) COMMENTS ON DRAFT ENVIRONMENTAL IMPACT STATE-
MENT.—For comments by an agency or the public on a draft 
environmental impact statement, the lead agency shall estab-
lish a comment period of not less than 45 days and not more 
than 60 days after the date on which a notice announcing 
availability of the environmental impact statement is published 
in the Federal Register, unless— 
(A) the lead agency, the project sponsor, and any 
cooperating agency agree to a longer deadline; or 
(B) the lead agency, in consultation with each cooper-
ating agency, extends the deadline for good cause. 
(2) OTHER REVIEW AND COMMENT PERIODS.—For all other 
review or comment periods in the environmental review process 
described in parts 1500 through 1508 of title 40, Code of Federal 
Regulations (or successor regulations), the lead agency shall 
establish a comment period of not more than 45 days after 
the date on which the materials on which comment is requested 
are made available, unless— 
(A) the lead agency, the project sponsor, and any 
cooperating agency agree to a longer deadline; or 
(B) the lead agency extends the deadline for good cause. 
(e) ISSUE IDENTIFICATION AND RESOLUTION.— 
(1) COOPERATION.—The lead agency and each cooperating 
and participating agency shall work cooperatively in accordance
H. R. 22—447 
with this section to identify and resolve issues that could delay 
completion of an environmental review or an authorization 
required for the project under applicable law or result in the 
denial of any approval under applicable law. 
(2) LEAD AGENCY RESPONSIBILITIES.— 
(A) IN GENERAL.—The lead agency shall make informa-
tion available to each cooperating and participating agency 
and project sponsor as early as practicable in the environ-
mental review regarding the environmental, historic, and 
socioeconomic resources located within the project area and 
the general locations of the alternatives under consider-
ation. 
(B) 
SOURCES
OF
INFORMATION.—The 
information 
described in subparagraph (A) may be based on existing 
data sources, including geographic information systems 
mapping. 
(3) COOPERATING AND PARTICIPATING AGENCY RESPONSIBIL-
ITIES.—Each cooperating and participating agency shall— 
(A) identify, as early as practicable, any issues of con-
cern regarding any potential environmental impacts of the 
covered project, including any issues that could substan-
tially delay or prevent an agency from completing any 
environmental review or authorization required for the 
project; and 
(B) communicate any issues described in subparagraph 
(A) to the project sponsor. 
(f) CATEGORIES OF PROJECTS.—The authorities granted under 
this section may be exercised for an individual covered project 
or a category of covered projects. 
SEC. 41006. DELEGATED STATE PERMITTING PROGRAMS. 
(a) IN GENERAL.—If a Federal statute permits a Federal agency 
to delegate to or otherwise authorize a State to issue or otherwise 
administer a permit program in lieu of the Federal agency, the 
Federal agency with authority to carry out the statute shall— 
(1) on publication by the Council of best practices under 
section 41002(c)(2)(B), initiate a national process, with public 
participation, to determine whether and the extent to which 
any of the best practices are generally applicable on a 
delegation- or authorization-wide basis to permitting under the 
statute; and 
(2) not later than 2 years after the date of enactment 
of this Act, make model recommendations for State modifica-
tions of the applicable permit program to reflect the best prac-
tices described in section 41002(c)(2)(B), as appropriate. 
(b) BEST PRACTICES.—Lead and cooperating agencies may share 
with State, tribal, and local authorities best practices involved 
in review of covered projects and invite input from State, tribal, 
and local authorities regarding best practices. 
SEC. 41007. LITIGATION, JUDICIAL REVIEW, AND SAVINGS PROVISION. 
(a) LIMITATIONS ON CLAIMS.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, a claim arising under Federal law seeking judicial review 
of any authorization issued by a Federal agency for a covered 
project shall be barred unless— 
(A) the action is filed not later than 2 years after 
the date of publication in the Federal Register of the final
H. R. 22—448 
record of decision or approval or denial of a permit, unless 
a shorter time is specified in the Federal law under which 
judicial review is allowed; and 
(B) in the case of an action pertaining to an environ-
mental review conducted under NEPA— 
(i) the action is filed by a party that submitted 
a comment during the environmental review; and 
(ii) any commenter filed a sufficiently detailed com-
ment so as to put the lead agency on notice of the 
issue on which the party seeks judicial review, or the 
lead agency did not provide a reasonable opportunity 
for such a comment on that issue. 
(2) NEW INFORMATION.— 
(A) IN GENERAL.—The head of a lead agency or partici-
pating agency shall consider new information received after 
the close of a comment period if the information satisfies 
the requirements under regulations implementing NEPA. 
(B) SEPARATE
ACTION.—If Federal law requires the 
preparation of a supplemental environmental impact state-
ment or other supplemental environmental document, the 
preparation of such document shall be considered a sepa-
rate final agency action and the deadline for filing a claim 
for judicial review of the agency action shall be 2 years 
after the date on which a notice announcing the final 
agency action is published in the Federal Register, unless 
a shorter time is specified in the Federal law under which 
judicial review is allowed. 
(3) RULE OF CONSTRUCTION.—Nothing in this subsection 
creates a right to judicial review or places any limit on filing 
a claim that a person has violated the terms of an authorization. 
(b) PRELIMINARY INJUNCTIVE RELIEF.—In addition to consid-
ering any other applicable equitable factors, in any action seeking 
a temporary restraining order or preliminary injunction against 
an agency or a project sponsor in connection with review or 
authorization of a covered project, the court shall— 
(1) consider the potential effects on public health, safety, 
and the environment, and the potential for significant negative 
effects on jobs resulting from an order or injunction; and 
(2) not presume that the harms described in paragraph 
(1) are reparable. 
(c) JUDICIAL REVIEW.—Except as provided in subsection (a), 
nothing in this title affects the reviewability of any final Federal 
agency action in a court of competent jurisdiction. 
(d) SAVINGS CLAUSE.—Nothing in this title— 
(1) supersedes, amends, or modifies any Federal statute 
or affects the responsibility of any Federal officer to comply 
with or enforce any statute; or 
(2) creates a presumption that a covered project will be 
approved or favorably reviewed by any agency. 
(e) LIMITATIONS.—Nothing in this section preempts, limits, or 
interferes with— 
(1) any practice of seeking, considering, or responding to 
public comment; or 
(2) any power, jurisdiction, responsibility, or authority that 
a Federal, State, or local governmental agency, metropolitan 
planning organization, Indian tribe, or project sponsor has with
H. R. 22—449 
respect to carrying out a project or any other provisions of 
law applicable to any project, plan, or program. 
SEC. 41008. REPORTS. 
(a) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than April 15 of each year 
for 10 years beginning on the date of enactment of this Act, 
the Executive Director shall submit to Congress a report 
detailing the progress accomplished under this title during 
the previous fiscal year. 
(2) CONTENTS.—The report described in paragraph (1) shall 
assess the performance of each participating agency and lead 
agency based on the best practices described in section 
41002(c)(2)(B), including— 
(A) agency progress in making improvements con-
sistent with those best practices; and 
(B) agency compliance with the performance schedules 
established under section 41002(c)(1)(C). 
(3) 
OPPORTUNITY
TO
INCLUDE
COMMENTS.—Each 
councilmember, with input from the respective agency CERPO, 
shall have the opportunity to include comments concerning 
the performance of the agency in the report described in para-
graph (1). 
(b) COMPTROLLER GENERAL REPORT.—Not later than 3 years 
after the date of enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a report that 
describes— 
(1) agency progress in making improvements consistent 
with the best practices issued under section 41002(c)(2)(B); 
and 
(2) agency compliance with the performance schedules 
established under section 41002(c)(1)(C). 
SEC. 41009. FUNDING FOR GOVERNANCE, OVERSIGHT, AND PROC-
ESSING OF ENVIRONMENTAL REVIEWS AND PERMITS. 
(a) IN GENERAL.—The heads of agencies listed in section 
41002(b)(2)(B), with the guidance of the Director of the Office of 
Management and Budget and in consultation with the Executive 
Director, may, after public notice and opportunity for comment, 
issue regulations establishing a fee structure for project proponents 
to reimburse the United States for reasonable costs incurred in 
conducting environmental reviews and authorizations for covered 
projects. 
(b) REASONABLE COSTS.—As used in this section, the term 
‘‘reasonable costs’’ shall include costs to implement the requirements 
and authorities required under sections 41002 and 41003, including 
the costs to agencies and the costs of operating the Council. 
(c) FEE STRUCTURE.—The fee structure established under sub-
section (a) shall— 
(1) be developed in consultation with affected project pro-
ponents, industries, and other stakeholders; 
(2) exclude parties for which the fee would impose an 
undue financial burden or is otherwise determined to be 
inappropriate; and 
(3) be established in a manner that ensures that the aggre-
gate amount of fees collected for a fiscal year is estimated 
not to exceed 20 percent of the total estimated costs for the 
fiscal year for the resources allocated for the conduct of the