Title: NEPA Accountability and Enforcement Act
Policy area: Environmental Protection

Summary:
NEPA Accountability and Enforcement Act
This bills establishes (1) deadlines for federal agencies to complete reviews of the environmental effects of proposed major federal actions, and (2) penalties for agencies that do not comply with these deadlines.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 721 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 721

 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 SENATE OF THE UNITED STATES

                             March 11, 2021

   Mr. Lee (for himself, Mr. Barrasso, and Mr. Cruz) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NEPA Accountability and Enforcement 
Act''.

SEC. 2. NATIONAL ENVIRONMENTAL POLICY ACT TIMELINES.

    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
            (2) by inserting after section 104 (42 U.S.C. 4334) the 
        following:

``SEC. 105. APPLICABLE TIMELINES.

    ``(a) Definitions.--In this section:
            ``(1) Environmental impact statement.--The term 
        `environmental impact statement' means a detailed statement 
        required under section 102(2)(C).
            ``(2) Federal agency.--The term `Federal agency' includes a 
        State that has assumed responsibility under section 327 of 
        title 23, United States Code.
            ``(3) 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.
            ``(4) NEPA process.--
                    ``(A) In general.--The term `NEPA process' means 
                the entirety of every process, analysis, or other 
                measure, including an environmental impact statement, 
                required to be carried out by a Federal agency under 
                this title before the agency undertakes a proposed 
                action.
                    ``(B) Period.--For purposes of subparagraph (A), 
                the NEPA process--
                            ``(i) begins on the date on which the head 
                        of a Federal agency receives an application 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, 
                                including, if necessary, a revised 
                                record of decision;
                                    ``(II) a finding of no significant 
                                impact; or
                                    ``(III) a categorical exclusion 
                                under this title.
            ``(5) Project sponsor.--The term `project sponsor' means a 
        Federal agency or other entity, including a private or public-
        private entity, that seeks approval of a proposed action.
    ``(b) Applicable Timelines.--
            ``(1) NEPA process.--
                    ``(A) In general.--The head of a Federal agency 
                shall complete the NEPA process for a proposed action 
                of the Federal agency, as described in subsection 
                (a)(4)(B)(ii), not later than 2 years after the date 
                described in subsection (a)(4)(B)(i).
                    ``(B) Environmental documents.--Within the period 
                described in subparagraph (A), not later than 1 year 
                after the date described in subsection (a)(4)(B)(i), 
                the head of the Federal agency shall, with respect to 
                the proposed action--
                            ``(i) issue--
                                    ``(I) a finding that a categorical 
                                exclusion applies to the proposed 
                                action; or
                                    ``(II) a finding of no significant 
                                impact; or
                            ``(ii) publish a notice of intent to 
                        prepare an environmental impact statement in 
                        the Federal Register.
                    ``(C) Environmental impact statement.--If the head 
                of a Federal agency publishes a notice of intent 
                described in subparagraph (B)(ii), within the period 
                described in 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 environmental impact 
                statement and, if necessary, any supplemental 
                environmental impact statement for the proposed action.
                    ``(D) Penalties.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Director.--The term 
                                `Director' means the Director of the 
                                Office of Management and Budget.
                                    ``(II) Federal agency.--The term 
                                `Federal agency' does not include a 
                                State.
                                    ``(III) Final nepa compliance 
                                date.--The term `final NEPA compliance 
                                date', with respect to a proposed 
                                action, means the date by which the 
                                head of a Federal agency is required to 
                                complete the NEPA process under 
                                subparagraph (A).
                                    ``(IV) Head of a federal agency.--
                                The term `head of a Federal agency' 
                                does not include the governor or head 
                                of a State agency of a State.
                                    ``(V) Initial eis compliance 
                                date.--The term `initial EIS compliance 
                                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 impact 
                                statement for that proposed action is 
                                required to be completed under 
                                subparagraph (C).
                                    ``(VI) Initial nepa compliance 
                                date.--The term `initial NEPA 
                                compliance date', with respect to a 
                                proposed action, means the date by 
                                which the head of a Federal agency is 
                                required to issue or publish a document 
                                described in subparagraph (B) for that 
                                proposed action under that 
                                subparagraph.
                                    ``(VII) Initial noncompliance 
                                determination.--The term `initial 
                                noncompliance determination' means a 
                                determination under clause (ii)(I)(bb) 
                                that the head of a Federal agency has 
                                not complied with the requirements of 
                                subparagraph (A), (B), or (C).
                            ``(ii) Initial noncompliance.--
                                    ``(I) Determination.--
                                            ``(aa) Notification.--As 
                                        soon as practicable after the 
                                        date described in subsection 
                                        (a)(4)(B)(i) for a proposed 
                                        action of a Federal agency, the 
                                        head of the Federal agency 
                                        shall notify the Director that 
                                        the head of the Federal agency 
                                        is beginning the NEPA process 
                                        for that proposed action.
                                            ``(bb) Determinations of 
                                        compliance.--

                                                    ``(AA) Initial 
                                                determination.--As soon 
                                                as practicable after 
                                                the initial NEPA 
                                                compliance date for a 
                                                proposed action, the 
                                                Director shall 
                                                determine whether, as 
                                                of the initial NEPA 
                                                compliance date, the 
                                                head of the Federal 
                                                agency has complied 
                                                with subparagraph (B) 
                                                for that proposed 
                                                action.

                                                    ``(BB) 
                                                Environmental impact 
                                                statement.--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 subparagraph (C) 
                                                for that proposed 
                                                action.

                                                    ``(CC) Completion 
                                                of nepa process.--As 
                                                soon as practicable 
                                                after the final NEPA 
                                                compliance date for a 
                                                proposed action, the 
                                                Director shall 
                                                determine whether, as 
                                                of the final NEPA 
                                                compliance 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 determination for 
                                a proposed action--
                                            ``(aa) the Director shall 
                                        identify the account for the 
                                        salaries 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 
                                        Director makes the initial 
                                        noncompliance determination, 
                                        the amount that the head of the 
                                        Federal agency may obligate 
                                        from the account identified 
                                        under item (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 
                                        notify the head of the Federal 
                                        agency of--

                                                    ``(AA) the initial 
                                                noncompliance 
                                                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 
                                Director shall determine whether the 
                                head of the Federal agency has complied 
                                with the applicable requirements of 
                                subparagraphs (A) through (C) for the 
                                proposed action, until the date on 
                                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 subparagraph (A), (B), 
                                or (C) for a proposed action--
                                            ``(aa) the amount that the 
                                        head of the Federal agency may 
                                        obligate from the account 
                                        identified under clause 
                                        (ii)(II)(aa) for the fiscal 
                                        year during which the most 
                                        recent determination under 
                                        subclause (I) is made shall be 
                                        reduced by 0.5 percent from the 
                                        amount initially made available 
                                        for the account for that fiscal 
                                        year; and
                                            ``(bb) the Director shall 
                                        notify the head of the Federal 
                                        agency of--

                                                    ``(AA) the 
                                                determination 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 determination or a 
                                determination under clause (iii)(I).
                                    ``(II) Required timelines.--The 
                                violation of subparagraph (B) or (C), 
                                and any action carried out to remediate 
                                or otherwise address the violation, 
                                shall not affect any other applicable 
                                compliance date under subparagraph (A), 
                                (B), or (C).
            ``(2) Authorizations and permits.--
                    ``(A) In general.--Not later than 90 days after the 
                date described in subsection (a)(4)(B)(ii), the head of 
                a Federal agency shall issue--
                            ``(i) any necessary permit or authorization 
                        to carry out the proposed action; or
                            ``(ii) a denial of the permit or 
                        authorization necessary to carry out the 
                        proposed action.
                    ``(B) Effect of failure to issue authorization or 
                permit.--If a permit or authorization described in 
                subparagraph (A) is not issued or denied within the 
                period described in that subparagraph, the permit or 
                authorization shall be considered to be approved.
                    ``(C) Denial of permit or authorization.--
                            ``(i) In general.--If a permit or 
                        authorization 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.
                            ``(ii) Recommended changes.--If the project 
                        sponsor carries out the recommendations of the 
                        head of the Federal agency under clause (i)(II) 
                        and notifies the head of the Federal agency 
                        that the recommendations 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.''.
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