application, as applicable, with respect to 
such proposed agency action.’’; and 
(4) by adding at the end the following: 
‘‘(c) SCOPE OF REVIEW.—In developing an environ-
mental document for a proposed agency action, a Federal 
agency— 
‘‘(1) may only consider effects that share a rea-
sonably close causal relationship to, and are proxi-
mately caused by, the immediate project or action 
under consideration; and 
‘‘(2) may not consider effects that are specula-
tive, attenuated from the project or action, separate 
in time or place from the project or action, or in re-
lation to separate existing or potential future 
projects or actions. 
‘‘(d) CERTAINTY.—A Federal agency may not re-
scind, withdraw, amend, alter, or otherwise render ineffec-
tive any environmental document completed under this Act 
unless the Federal agency has been so ordered by a 
court.’’. 
(c) TIMELY AND UNIFIED FEDERAL REVIEWS.—Sec-
tion 107 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4336a) is amended— 
(1) in subsection (a)(3), by adding at the end 
‘‘Such comments shall be limited to matters relating 
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to the proposed agency action with respect to which 
such cooperating agency has jurisdiction by law. If 
a lead agency determines an environmental docu-
ment is not required to be prepared with respect to 
a proposed agency action under section 106(a), an-
other agency may not prepare an environmental doc-
ument with respect to such proposed agency ac-
tion.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘To the extent prac-
ticable,’’ and inserting the following: 
‘‘(1) DOCUMENT.—To the extent practicable,’’; 
and 
(B) by adding at the end the following: 
‘‘(2) CONSIDERATION TIMING.— 
‘‘(A) IN GENERAL.—In developing an envi-
ronmental document for a proposed agency ac-
tion, no Federal agency shall be required to 
consider any scientific or technical research 
that becomes publicly available after the sooner 
of, as applicable— 
‘‘(i) the date of receipt of an applica-
tion with respect to such proposed agency 
action; and 
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‘‘(ii) the date of publication of a no-
tice of intent or decision to prepare such 
environmental document for such proposed 
agency action. 
‘‘(B) APPLICABILITY
TO
OTHER
LAW.— 
This paragraph does not affect any review of 
information required under subchapter II of 
chapter 5 of title 5, United States Code, with 
respect to comments received during the public 
comment period as applicable. 
‘‘(C) UNNECESSARY
DELAY.—A Federal 
agency may not delay the issuance of an envi-
ronmental document or a final agency action, 
including any decision or determination, on the 
basis of awaiting new scientific or technical re-
search or information that was not available as 
of the deadlines specified in subparagraph 
(A).’’; 
(3) in subsection (d), by striking ‘‘action.’’ and 
inserting ‘‘action. Where applicable, the statement of 
purpose and need shall meet the goals of the appli-
cant.’’; and 
(4) in subsection (g)— 
(A) in paragraph (2), by striking ‘‘, in con-
sultation with the applicant, to’’ and inserting 
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‘‘if the applicant approves such extension. If the 
applicant approves such extension, the lead 
agency shall’’; 
(B) in paragraph (3)(A), by striking ‘‘A 
project sponsor may’’ and inserting ‘‘Except as 
provided in subparagraph (C), a project sponsor 
may’’; and 
(C) by adding at the end the following: 
‘‘(C) EXCEPTION.—A project sponsor that 
approved an extension of a deadline under para-
graph (2) may not obtain review of a failure to 
act in accordance with such deadline under sub-
paragraph (A) unless the lead agency fails to 
meet the new deadline or is delaying for reasons 
other than those necessary to complete its re-
view.’’. 
(d) 
PROGRAMMATIC
ENVIRONMENTAL
DOCU-
MENTS.—Section 108 of the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4336b) is amended— 
(1) in paragraph (1), by striking ‘‘5’’ and in-
serting ‘‘10’’; and 
(2) in paragraph (2), by striking ‘‘5’’ and in-
serting ‘‘10’’. 
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(e) ADOPTION OF CATEGORICAL EXCLUSIONS.—Sec-
tion 109 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4336c) is amended— 
(1) in the text preceding paragraph (1), by in-
serting ‘‘, or that was legislatively enacted by Con-
gress,’’ after ‘‘procedures’’; and 
(2) in paragraph (2), by inserting ‘‘, if applica-
ble,’’ after ‘‘established the categorical exclusion’’. 
(f) DEFINITIONS.—Section 111 of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4336e) is 
amended— 
(1) in paragraph (1), by inserting ‘‘, or Con-
gress deems by statute,’’ after ‘‘Federal agency has 
determined’’; 
(2) in paragraph (10)— 
(A) in subparagraph (B)— 
(i) in clause (iii)— 
(I) by inserting ‘‘, grants’’ after 
‘‘loan guarantees’’; 
(II) by striking ‘‘sufficient’’ and 
inserting ‘‘complete’’; and 
(III) by striking ‘‘subsequent use 
of such financial assistance or the’’; 
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(ii) by redesignating clauses (iv) 
through (vii) as clauses (vi) through (ix), 
respectively; and 
(iii) by inserting after clause (iii) the 
following: 
‘‘(iv) farm ownership loans and oper-
ating loan guarantees by the Farm Service 
Agency pursuant to sections 305 and 311 
through 319 of the Consolidated Farm and 
Rural Development Act; 
‘‘(v) the issuance of a permit or other 
authorization by an agency where the pro-
posal under consideration is otherwise 
being evaluated or was previously evalu-
ated by the lead agency in compliance with 
this Act;’’; and 
(B) by adding at the end the following: 
‘‘(C) ADDITIONAL EXCLUSIONS.—An agen-
cy action may not be determined to be a major 
Federal action solely on the basis of the provi-
sion of Federal funds, including a grant, loan, 
loan guarantee, and funding assistance.’’; and 
(3) by adding at the end the following: 
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‘‘(14) REASONABLY FORESEEABLE.—The term 
‘reasonably foreseeable’, with respect to environ-
mental effects of a proposed agency action— 
‘‘(A) means effects that share a reasonably 
close causal relationship to, and are proximately 
caused by, the immediate project or action 
under consideration; and 
‘‘(B) does not include effects that are— 
‘‘(i) speculative; 
‘‘(ii) attenuated from the proposed 
agency action; 
‘‘(iii) separate in time or place from 
the proposed agency action; or 
‘‘(iv) in relation to separate existing 
or potential future projects.’’. 
(g) DUTIES.—Section 204 of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4344) is amended 
in paragraph (4) by inserting ‘‘energy,’’ after ‘‘health,’’. 
SEC. 3. JUDICIAL REVIEW. 
Title I of the National Environmental Policy Act of 
1969 (42 U.S.C. 4331 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 113. JUDICIAL REVIEW. 
‘‘(a) 
STANDARD
OF
REVIEW.—Notwithstanding 
chapter 7 of title 5, United States Code, in reviewing a 
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claim of whether a final agency action complies with the 
procedural requirements of this Act, a court may only hold 
that the final agency action does not comply with the pro-
cedural requirements of this Act if the court determines— 
‘‘(1) the agency abused its substantial discre-
tion in complying with the procedural requirements 
of this Act; and 
‘‘(2) the agency would have reached a different 
result with respect to the final agency action absent 
such abuse of substantial discretion. 
‘‘(b) ROLE OF THE COURT.—A court reviewing a 
claim described in subsection (a) may not substitute its 
judgment for that of the agency regarding the environ-
mental effects of a proposed agency action. 
‘‘(c) REMAND.— 
‘‘(1) IN GENERAL.—If a court holds that a final 
agency action does not comply with the procedural 
requirements of this Act, the court may only remand 
the final agency action to the agency with— 
‘‘(A) specific instruction to correct the er-
rors or deficiencies in compliance; and 
‘‘(B) a reasonable schedule and deadline, 
which such deadline may not exceed— 
‘‘(i) with regard to an order entered 
on or after the date of enactment of this 
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section, the date that is 180 days after the 
date on which the order was entered; and 
‘‘(ii) with regard to an order entered 
before the date of enactment of this sec-
tion, the date that is 180 days after the 
date of enactment of this section. 
‘‘(2) CONTINUED
EFFECT
OF
FINAL
AGENCY 
ACTION.—A final agency action remanded under 
paragraph (1) shall remain in effect while the Fed-
eral agency corrects any errors or deficiencies speci-
fied by the court. 
‘‘(d) LIMITATIONS ON CLAIMS.— 
‘‘(1) IN GENERAL.—Notwithstanding chapter 7 
of title 5, United States Code, a claim described in 
subsection (a) shall be barred unless— 
‘‘(A) such claim is filed not later than 150 
days after the final agency action is made pub-
lic, unless a shorter timeline is specified under 
Federal law; 
‘‘(B) in the case of a final agency action 
for which there was a public comment period on 
an environmental document, such claim— 
‘‘(i) is filed by a party that submitted 
a substantive and unique comment during 
such public comment period by the noticed 
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comment deadline for the environmental 
document and such comment was suffi-
ciently detailed to put the applicable Fed-
eral agency on notice of the issue upon 
which the party seeks review and shows 
that the party would suffer direct harm if 
its comments were not addressed; and 
‘‘(ii) concerns the same subject matter 
raised in the comment submitted during 
the public comment period; and 
‘‘(C) such claim does not challenge the es-
tablishment of a categorical exclusion. 
‘‘(2) SUPPLEMENTAL
ENVIRONMENTAL
DOCU-
MENTS.—If an agency issues a supplemental envi-
ronmental document in response to a court order re-
manding a final agency action, the deadline de-
scribed in paragraph (1)(A) shall be the date on 
which the agency makes public the agency action for 
which the supplemental environmental document is 
prepared. A claim for review of such final agency ac-
tion shall be limited to information contained in the 
final supplemental environmental document that was 
not contained in a previous environmental document 
for the final agency action. 
‘‘(e) DEADLINE FOR RESOLUTION.— 
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‘‘(1) IN GENERAL.—A court shall issue a final 
judgment on a claim described in subsection (a)— 
‘‘(A) as expeditiously as practicable; and 
‘‘(B) unless a shorter timeline is specified 
under Federal law, not later than the date that 
is 180 days after the date on which the agency 
record for the review is filed with the reviewing 
court, which shall not be more than 30 days 
from the filing of the claim. 
‘‘(2) ACCELERATED
DEADLINES.—Nothing in 
this subsection may be construed to prevent a court 
form further expediting review of a claim described 
in subsection (a). 
‘‘(3) APPEALS.— 
‘‘(A) FILING.—A notice of appeal of a 
final judgment described in this subsection shall 
be filed not later than 60 days after such final 
judgment is issued. 
‘‘(B) DEADLINE
FOR
REVIEW.—A court 
shall issue a final decision on an appeal filed 
under subparagraph (A)— 
‘‘(i) as expeditiously as practicable; 
and 
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‘‘(ii) not later than the date that is 
180 days after the date on which the ap-
peal is filed. 
‘‘(f) FINAL AGENCY ACTIONS.— 
‘‘(1) IN GENERAL.—The completion of an envi-
ronmental assessment, an environmental impact 
statement, or a finding of no significant impact, or 
a determination to categorically exclude an action, 
shall not be considered a final agency action under 
chapter 7 of title 5, United States Code. 
‘‘(2) AGENCY ACTION DEFINED.—In this sec-
tion, the term ‘agency action’ has the meaning given 
such term in section 551 of title 5, United States 
Code. 
‘‘(g) NO EFFECT ON REVIEW OF COMPLIANCE WITH 
OTHER DEADLINES.—This section shall not affect the 
right to obtain review under section 107(g)(3).’’. 
Æ 
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