S.Amdt. 1559Senate112th Congress (2011-2013)

S.Amdt. 1559

What it does: Adds SEC. ___. ENVIRONMENTAL IMPACT STATEMENTS wherever appropriate
Sponsored by Rand PaulSen. Rand Paul (R-KY)
Submitted February 13, 2012

What it changes

1 change to S. 1813

Adds a section
  1. Adds SEC. ___. ENVIRONMENTAL IMPACT STATEMENTS wherever appropriate

    Adds a section

    Inserted: SEC. ___. ENVIRONMENTAL IMPACT STATEMENTS.

    Inserted: 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:

    Inserted: "SEC. 106. COMPLETION AND REVIEW OF ENVIRONMENTAL IMPACT STATEMENTS.

    Inserted: "(a) Completion.--

    Inserted: "(1) In general.--Each review carried out under section 102(2)(C) shall be completed not later than the date that is 180 days after the date of commencement of the review.

    Inserted: "(2) Failure to complete review.--If a review described in paragraph (1) has not been completed for an action subject to section 102(2)(C) by the date specified in paragraph (1)--

    Inserted: "(A) the action shall be considered to have no significant impact described in section 102(2)(C); and

    Inserted: "(B) that classification shall be considered to be a final agency action.

    Inserted: "(3) Unemployment rate.--If the national unemployment rate is 5 percent or more, the lead agency conducting a review of an action under this section shall use the most expeditious means authorized under this title to conduct the review.

    Inserted: "(b) Lead Agency.--The lead agency for a review of an action under this section shall be the Federal agency to which funds are made available for the action.

    Inserted: "(c) Review.--

    Inserted: "(1) Administrative appeals.--There shall be a single administrative appeal for each review carried out pursuant to section 102(2)(C).

    Show 5 more inserted paragraphs

    Inserted: "(2) Judicial review.--

    Inserted: "(A) In general.--On resolution of the administrative appeal, judicial review of the final agency decision after exhaustion of administrative remedies shall lie with the United States Court of Appeals for the District of Columbia Circuit.

    Inserted: "(B) Administrative record.--An appeal to the court described in subparagraph (A) shall be based only on the administrative record.

    Inserted: "(C) Pendency of judicial review.--After an agency has made a final decision with respect to a review carried out under this subsection, the decision shall be effective during the course of any subsequent appeal to a court described in subparagraph (A).

    Inserted: "(3) Civil action.--Each civil action covered by this section shall be considered to arise under the laws of the United States.".

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 1559. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. ENVIRONMENTAL IMPACT STATEMENTS.

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. 106. COMPLETION AND REVIEW OF ENVIRONMENTAL IMPACT STATEMENTS.

“(a) Completion.--

“(1) In general.--Each review carried out under section 102(2)(C) shall be completed not later than the date that is 180 days after the date of commencement of the review.

“(2) Failure to complete review.--If a review described in paragraph (1) has not been completed for an action subject to section 102(2)(C) by the date specified in paragraph (1)--

“(A) the action shall be considered to have no significant impact described in section 102(2)(C); and

“(B) that classification shall be considered to be a final agency action.

“(3) Unemployment rate.--If the national unemployment rate is 5 percent or more, the lead agency conducting a review of an action under this section shall use the most expeditious means authorized under this title to conduct the review.

“(b) Lead Agency.--The lead agency for a review of an action under this section shall be the Federal agency to which funds are made available for the action.

“(c) Review.--

“(1) Administrative appeals.--There shall be a single administrative appeal for each review carried out pursuant to section 102(2)(C).

“(2) Judicial review.--

“(A) In general.--On resolution of the administrative appeal, judicial review of the final agency decision after exhaustion of administrative remedies shall lie with the United States Court of Appeals for the District of Columbia Circuit.

“(B) Administrative record.--An appeal to the court described in subparagraph (A) shall be based only on the administrative record.

“(C) Pendency of judicial review.--After an agency has made a final decision with respect to a review carried out under this subsection, the decision shall be effective during the course of any subsequent appeal to a court described in subparagraph (A).

“(3) Civil action.--Each civil action covered by this section shall be considered to arise under the laws of the United States.”.

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Senate amendment submitted

February 13, 2012