S.Amdt. 1957
What it does: Rewrites page 22, lines 4–5
Sen. John Barrasso (R-WY)What it changes
1 change to S. 2204
Rewrites page 22, lines 4–5
ReplacesPrinted pageRemoves page 22, lines 4–5 of the printed bill. See that page
Inserted: TITLE III--MISCELLANEOUS
Inserted: SEC. 301. ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS.
Inserted: (a) Definitions.--In this section:
Inserted: (1) Agency.--The term "agency" has the meaning given the term in section 551 of title 5, United States Code.
Inserted: (2) Circulate.--The term "circulate" means to distribute an environmental impact statement to another agency for the consideration of that agency.
Inserted: (3) Cooperating agency.--The term "cooperating agency" means any agency, other than a lead agency, that has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposal (or a reasonable alternative) for legislation or other major Federal action significantly affecting the quality of the human environment.
Inserted: (4) 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).
Inserted: (5) Environmental document.--The term "environmental document" means an environmental impact statement or an environmental assessment.
Inserted: (6) Environmental impact statement.--The term "environmental impact statement" has the meaning given the term in section 1508.11 of title 40, Code of Federal Regulations (or a successor regulation).
Inserted: (7) Finding of no significant impact.--The term "finding of no significant impact" has the meaning given the term in section 1508.13 of title 40, Code of Federal Regulations (or a successor regulation).
Inserted: (8) Human environment.--The term "human environment" has the meaning given the term in section 1508.14 of title 40, Code of Federal Regulations (or a successor regulation).
Inserted: (9) Lead agency.--The term "lead agency" has the meaning given the term in section 1508.16 of title 40, Code of Federal Regulations (or a successor regulation).
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Inserted: (10) Major federal action.--The term "major Federal action" has the meaning given the term in section 1508.18 of title 40, Code of Federal Regulations (or a successor regulation).
Inserted: (11) Notice of intent.--The term "notice of intent" has the meaning given the term in section 1508.22 of title 40, Code of Federal Regulations (or a successor regulation).
Inserted: (b) Adoption of Existing Environmental Assessments.--If an agency determines that an environmental assessment should be prepared for a proposed action relating to oil and gas development on Federal public land or water, the agency shall adopt, in whole or in part, an existing Federal draft or final environmental assessment if--
Inserted: (1) the existing assessment meets the standards for an adequate assessment under the regulations promulgated by the agency and the Council on Environmental Quality;
Inserted: (2) the action covered by the existing assessment and the proposed action are substantially the same; and
Inserted: (3) there are no significant new circumstances or information relating to the quality of the human environment affected by the proposed action.
Inserted: (c) Publication of Findings of No Significant Impact and Notices of Intent.--
Inserted: (1) Finding of no significant impact.--If a proposed action is determined not to be a major Federal action that significantly affects the quality of the human environment under the National Environmental Policy Act (42 U.S.C. 4321 et seq.), an agency adopting an existing environmental assessment under subsection (b) shall publish for public review a finding of no significant impact in accordance with the regulations of the agency.
Inserted: (2) Notice of intent.--If a proposed action is determined to be a major Federal action that significantly affects the quality of the human environment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an agency adopting an existing environmental assessment under subsection (b) shall publish for public review a notice of intent in accordance with the regulations of the agency.
Inserted: (d) Adoption of Existing Environmental Impact Statements.--If a proposed action of an agency relating to oil and gas development on Federal public land or water is determined to be a major Federal action that significantly affects the quality of the human environment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the agency shall adopt, in whole or in part, an existing Federal draft or final environmental impact statement if--
Inserted: (1) the existing statement meets the standards for an adequate statement under the regulations promulgated by the Council on Environmental Quality;
Inserted: (2) the action covered by the existing statement and the proposed action are substantially the same; and
Inserted: (3) there are no significant new circumstances or information relating to the quality of the human environment affected by the proposed action.
Inserted: (e) Recirculation of Environmental Impact Statements.--
Inserted: (1) Draft statement.--Subject to paragraphs (2) and (3), an agency adopting an environmental impact statement of another agency shall recirculate the statement as a draft statement.
Inserted: (2) Final statement.--An agency adopting as final the environmental impact statement of another agency may recirculate the statement as a final statement.
Inserted: (3) Cooperating agency.--A cooperating agency adopting the environmental impact statement of a lead agency shall not recirculate the statement if the cooperating agency determines, after an independent review of the statement, that the comments and suggestions of the cooperating agency have been satisfied.
Inserted: (f) Finality of Adopted Document.--An agency may not adopt as final an environmental document prepared by another agency if, at the time of the proposed adoption--
Inserted: (1) the existing document was not final within the agency that prepared the environmental document;
Inserted: (2) the adequacy of the existing document is the subject of a pending judicial action; or
Inserted: (3) in the case of an environmental impact statement, the action the existing statement assesses is the subject of a referral under part 1504 of title 40, Code of Federal Regulations (commonly known as "Predecision referrals to the Council of proposed Federal actions determined to be environmentally unsatisfactory") (or a successor regulation).
Inserted: (g) Judicial Review.--The decision of an agency to adopt, in whole or in part, an existing environmental assessment or environmental impact statement shall not be subject to judicial review.
Inserted: (h) Regulations.--Notwithstanding any other provision of this section, an agency shall not adopt, in whole or in part, an existing environmental impact statement when issuing a proposed or final rule.
Inserted: TITLE IV--BUDGETARY EFFECTS
Inserted: SEC. 401. DEFICIT REDUCTION.
Original wording
On page 22, strike lines 4 and 5 and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1957. Mr. BARRASSO submitted an amendment intended to be proposed by him to the bill S. 2204, to eliminate unnecessary tax subsidies and promote renewable energy and energy conservation; which was ordered to lie on the table; as follows:
On page 22, strike lines 4 and 5 and insert the following:
TITLE III--MISCELLANEOUS
SEC. 301. ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS.
(a) Definitions.--In this section:
(1) Agency.--The term “agency” has the meaning given the term in section 551 of title 5, United States Code.
(2) Circulate.--The term “circulate” means to distribute an environmental impact statement to another agency for the consideration of that agency.
(3) Cooperating agency.--The term “cooperating agency” means any agency, other than a lead agency, that has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposal (or a reasonable alternative) for legislation or other major Federal action significantly affecting the quality of the human environment.
(4) 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).
(5) Environmental document.--The term “environmental document” means an environmental impact statement or an environmental assessment.
(6) Environmental impact statement.--The term “environmental impact statement” has the meaning given the term in section 1508.11 of title 40, Code of Federal Regulations (or a successor regulation).
(7) Finding of no significant impact.--The term “finding of no significant impact” has the meaning given the term in section 1508.13 of title 40, Code of Federal Regulations (or a successor regulation).
(8) Human environment.--The term “human environment” has the meaning given the term in section 1508.14 of title 40, Code of Federal Regulations (or a successor regulation).
(9) Lead agency.--The term “lead agency” has the meaning given the term in section 1508.16 of title 40, Code of Federal Regulations (or a successor regulation).
(10) Major federal action.--The term “major Federal action” has the meaning given the term in section 1508.18 of title 40, Code of Federal Regulations (or a successor regulation).
(11) Notice of intent.--The term “notice of intent” has the meaning given the term in section 1508.22 of title 40, Code of Federal Regulations (or a successor regulation).
(b) Adoption of Existing Environmental Assessments.--If an agency determines that an environmental assessment should be prepared for a proposed action relating to oil and gas development on Federal public land or water, the agency shall adopt, in whole or in part, an existing Federal draft or final environmental assessment if--
(1) the existing assessment meets the standards for an adequate assessment under the regulations promulgated by the agency and the Council on Environmental Quality;
(2) the action covered by the existing assessment and the proposed action are substantially the same; and
(3) there are no significant new circumstances or information relating to the quality of the human environment affected by the proposed action.
(c) Publication of Findings of No Significant Impact and Notices of Intent.--
(1) Finding of no significant impact.--If a proposed action is determined not to be a major Federal action that significantly affects the quality of the human environment under the National Environmental Policy Act (42 U.S.C. 4321 et seq.), an agency adopting an existing environmental assessment under subsection (b) shall publish for public review a finding of no significant impact in accordance with the regulations of the agency.
(2) Notice of intent.--If a proposed action is determined to be a major Federal action that significantly affects the quality of the human environment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an agency adopting an existing environmental assessment under subsection (b) shall publish for public review a notice of intent in accordance with the regulations of the agency.
(d) Adoption of Existing Environmental Impact Statements.--If a proposed action of an agency relating to oil and gas development on Federal public land or water is determined to be a major Federal action that significantly affects the quality of the human environment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the agency shall adopt, in whole or in part, an existing Federal draft or final environmental impact statement if--
(1) the existing statement meets the standards for an adequate statement under the regulations promulgated by the Council on Environmental Quality;
(2) the action covered by the existing statement and the proposed action are substantially the same; and
(3) there are no significant new circumstances or information relating to the quality of the human environment affected by the proposed action.
(e) Recirculation of Environmental Impact Statements.--
(1) Draft statement.--Subject to paragraphs (2) and (3), an agency adopting an environmental impact statement of another agency shall recirculate the statement as a draft statement.
(2) Final statement.--An agency adopting as final the environmental impact statement of another agency may recirculate the statement as a final statement.
(3) Cooperating agency.--A cooperating agency adopting the environmental impact statement of a lead agency shall not recirculate the statement if the cooperating agency determines, after an independent review of the statement, that the comments and suggestions of the cooperating agency have been satisfied.
(f) Finality of Adopted Document.--An agency may not adopt as final an environmental document prepared by another agency if, at the time of the proposed adoption--
(1) the existing document was not final within the agency that prepared the environmental document;
(2) the adequacy of the existing document is the subject of a pending judicial action; or
(3) in the case of an environmental impact statement, the action the existing statement assesses is the subject of a referral under part 1504 of title 40, Code of Federal Regulations (commonly known as “Predecision referrals to the Council of proposed Federal actions determined to be environmentally unsatisfactory”) (or a successor regulation).
(g) Judicial Review.--The decision of an agency to adopt, in whole or in part, an existing environmental assessment or environmental impact statement shall not be subject to judicial review.
(h) Regulations.--Notwithstanding any other provision of this section, an agency shall not adopt, in whole or in part, an existing environmental impact statement when issuing a proposed or final rule.
TITLE IV--BUDGETARY EFFECTS
SEC. 401. DEFICIT REDUCTION.
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Senate amendment submitted
March 27, 2012