S.Amdt. 1985

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In S. 2204 · Placed on Calendar Senate

   Struck: SECTION 1. SHORT TITLE.

   Struck: This Act may be cited as the "Repeal Big Oil Tax Subsidies Act".

   Struck: TITLE I--TAX EXTENSIONS RELATING TO ENERGY

   Struck: SEC. 101. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT EXISTING HOMES.

   Show 155 more struck paragraphsShow less

   Struck: (a) In General.--Paragraph (2) of section 25C(g) of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2011.

   Struck: SEC. 102. EXTENSION OF CREDIT FOR CERTAIN PLUG-IN ELECTRIC VEHICLES.

   Struck: (a) In General.--Subsection (f) of section 30 of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to vehicles acquired after December 31, 2011.

   Struck: SEC. 103. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY.

   Struck: (a) Extension.--Paragraph (2) of section 30C(g) of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011." and inserting "December 31, 2012".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2011.

   Struck: SEC. 104. EXTENSION OF CELLULOSIC BIOFUEL PRODUCER CREDIT.

   Struck: (a) In General.--Subparagraph (H) of section 40(b)(6) of the Internal Revenue Code of 1986 is amended to read as follows:

   Struck: "(H) Application of paragraph.--

   Struck: "(i) In general.--This paragraph shall apply with respect to qualified cellulosic biofuel production after December 31, 2008, and before January 1, 2014.

   Struck: "(ii) No carryover to certain years after expiration.--If this paragraph ceases to apply for any period by reason of clause (i), rules similar to the rules of subsection (e)(2) shall apply.".

   Struck: (b) Conforming Amendment.--

   Struck: (1) In general.--Paragraph (2) of section 40(e) of the Internal Revenue Code of 1986 is amended by striking "or subsection (b)(6)(H)".

   Struck: (2) Effective date.--The amendment made by this subsection shall take effect as if included in section 15321(b) of the Heartland, Habitat, and Horticulture Act of 2008.

   Struck: SEC. 105. ALGAE TREATED AS A QUALIFIED FEEDSTOCK FOR PURPOSES OF THE CELLULOSIC BIOFUEL PRODUCER CREDIT, ETC.

   Struck: (a) In General.--Subclause (I) of section 40(b)(6)(E)(i) of the Internal Revenue Code of 1986 is amended to read as follows:

   Struck: "(I) is derived by, or from, qualified feedstocks, and".

   Struck: (b) Qualified Feedstock; Special Rules for Algae.--Paragraph (6) of section 40(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (F), (G), and (H), as amended by this Act, as subparagraphs (H), (I), and (J), respectively, and by inserting after subparagraph (E) the following new subparagraphs:

   Struck: "(F) Qualified feedstock.--For purposes of this paragraph, the term 'qualified feedstock' means--

   Struck: "(i) any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, and

   Struck: "(ii) any cultivated algae, cyanobacteria, or lemna.

   Struck: "(G) Special rules for algae.--In the case of fuel which is derived by, or from, feedstock described in subparagraph (F)(ii) and which is sold by the taxpayer to another person for refining by such other person into a fuel which meets the requirements of subparagraph (E)(i)(II) and the refined fuel is not excluded under subparagraph (E)(iii)--

   Struck: "(i) such sale shall be treated as described in subparagraph (C)(i),

   Struck: "(ii) such fuel shall be treated as meeting the requirements of subparagraph (E)(i)(II) and as not being excluded under subparagraph (E)(iii) in the hands of such taxpayer, and

   Struck: "(iii) except as provided in this subparagraph, such fuel (and any fuel derived from such fuel) shall not be taken into account under subparagraph (C) with respect to the taxpayer or any other person.".

   Struck: (c) Algae Treated as a Qualified Feedstock for Purposes of Bonus Depreciation for Biofuel Plant Property.--

   Struck: (1) In general.--Subparagraph (A) of section 168(l)(2) of the Internal Revenue Code of 1986 is amended by striking "solely to produce cellulosic biofuel" and inserting "solely to produce second generation biofuel (as defined in section 40(b)(6)(E))".

   Struck: (2) Conforming amendments.--Subsection (l) of section 168 of such Code is amended--

   Struck: (A) by striking "cellulosic biofuel" each place it appears in the text thereof and inserting "second generation biofuel",

   Struck: (B) by striking paragraph (3) and redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively,

   Struck: (C) by striking "Cellulosic" in the heading of such subsection and inserting "Second Generation", and

   Struck: (D) by striking "cellulosic" in the heading of paragraph (2) and inserting "second generation".

   Struck: (d) Conforming Amendments.--

   Struck: (1) Section 40 of the Internal Revenue Code of 1986, as amended by subsection (b), is amended--

   Struck: (A) by striking "cellulosic biofuel" each place it appears in the text thereof and inserting "second generation biofuel",

   Struck: (B) by striking "Cellulosic" in the headings of subsections (b)(6), (b)(6)(E), and (d)(3)(D) and inserting "Second generation", and

   Struck: (C) by striking "cellulosic" in the headings of subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6), and (e)(3) and inserting "second generation".

   Struck: (2) Clause (ii) of section 40(b)(6)(E) of such Code is amended by striking "Such term shall not" and inserting "The term 'second generation biofuel' shall not".

   Struck: (3) Paragraph (1) of section 4101(a) of such Code is amended by striking "cellulosic biofuel" and inserting "second generation biofuel".

   Struck: (e) Effective Dates.--

   Struck: (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to fuels sold or used after the date of the enactment of this Act.

   Struck: (2) Application to bonus depreciation.--The amendments made by subsection (c) shall apply to property placed in service after the date of the enactment of this Act.

   Struck: SEC. 106. EXTENSION OF INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL.

   Struck: (a) Credits for Biodiesel and Renewable Diesel Used as Fuel.-- Subsection (g) of section 40A of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (b) Excise Tax Credits and Outlay Payments for Biodiesel and Renewable Diesel Fuel Mixtures.--

   Struck: (1) Paragraph (6) of section 6426(c) of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (2) Subparagraph (B) of section 6427(e)(6) of such Code is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (c) Effective Date.--The amendments made by this section shall apply to fuel sold or used after December 31, 2011.

   Struck: SEC. 107. EXTENSION OF PRODUCTION CREDIT FOR REFINED COAL.

   Struck: (a) In General.--Subparagraph (B) of section 45(d)(8) of the Internal Revenue Code of 1986 is amended by striking "January 1, 2012" and inserting "January 1, 2013".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to facilities placed in service after December 31, 2011.

   Struck: SEC. 108. EXTENSION OF PRODUCTION CREDIT.

   Struck: (a) In General.--Section 45(d) of the Internal Revenue Code of 1986 is amended by striking "January 1, 2014" each place it appears in paragraphs (2), (3), (4), (6), (7), (9), and (11) and inserting "January 1, 2015".

   Struck: (b) Wind Facilities.--Paragraph (1) of section 45(d) of the Internal Revenue Code of 1986 is amended by striking "January 1, 2013" and inserting "January 1, 2014".

   Struck: (c) Increased Credit Amount for Indian Coal Facilities Placed in Service Before 2009.--Subparagraph (A) of section 45(e)(10) of the Internal Revenue Code of 1986 is amended by striking "7-year period" each place it appears and inserting "8-year period".

   Struck: (d) Conforming Amendments.--Subsection (e) of section 1603 of division B of the American Recovery and Reinvestment Act of 2009 is amended--

   Struck: (1) by striking "January 1, 2013" in paragraph (1) and inserting "January 1, 2014", and

   Struck: (2) by striking "January 1, 2014" in paragraph (2) and inserting "January 1, 2015".

   Struck: (e) Effective Dates.--

   Struck: (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to facilities placed in service after December 31, 2012.

   Struck: (2) Indian coal.--The amendment made by subsection (c) shall take effect on the date of the enactment of this Act.

   Struck: SEC. 109. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT NEW HOMES.

   Struck: (a) In General.--Subsection (g) of section 45L of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to homes acquired after December 31, 2011.

   Struck: SEC. 110. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT APPLIANCES.

   Struck: (a) In General.--Section 45M(b) of the Internal Revenue Code of 1986 is amended by striking "2011" each place it appears other than in the provisions specified in subsection (b), and inserting "2011 or 2012".

   Struck: (b) Provisions Specified.--The provisions of section 45M(b) of the Internal Revenue Code of 1986 specified in this subsection are subparagraph (C) of paragraph (1) and subparagraph (E) of paragraph (2).

   Struck: (c) Effective Date.--The amendments made by this section shall apply to appliances produced after December 31, 2011.

   Struck: SEC. 111. EXTENSION OF ELECTION OF INVESTMENT TAX CREDIT IN LIEU OF PRODUCTION CREDIT.

   Struck: (a) In General.--Clause (ii) of section 48(a)(5)(C) of the Internal Revenue Code of 1986 is amended by striking "or 2013" and inserting "2013, or 2014".

   Struck: (b) Wind Facilities.--Clause (i) of section 48(a)(5)(C) of the Internal Revenue Code of 1986 is amended by striking "Any qualified facility" and all that follows and inserting "Any facility which is--

   Struck: "(I) a qualified facility (within the meaning of section 45) described in paragraph (1) of section 45(d) if such facility is placed in service in 2009, 2010, 2011, 2012, or 2013, or

   Struck: "(II) a qualifying offshore wind facility, if such facility is placed in service in 2012, 2013, or 2014.".

   Struck: (c) Qualifying Offshore Wind Facility.--Paragraph (5) of section 48(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

   Struck: "(E) Qualifying offshore wind facility.--For purposes of this paragraph--

   Struck: "(i) In general.--The term 'qualifying offshore wind facility' means an offshore facility using wind to produce electricity.

   Struck: "(ii) Offshore facility.--The term 'offshore facility' means any facility located in the inland navigable waters of the United States, including the Great Lakes, or in the coastal waters of the United States, including the territorial seas of the United States, the exclusive economic zone of the United States, and the Outer Continental Shelf of the United States. For purposes of the preceding sentence, the term 'United States' has the meaning given in section 638(1).".

   Struck: (d) Effective Date.--The amendments made by this section shall apply to facilities placed in service after December 31, 2011.

   Struck: SEC. 112. EXPANSION OF QUALIFYING ADVANCED ENERGY PROJECT CREDIT.

   Struck: (a) In General.--Subparagraph (B) of section 48C(d)(1) of the Internal Revenue Code of 1986 is amended by striking "$2,300,000,000" and inserting "$4,600,000,000".

   Struck: (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

   Struck: SEC. 113. EXTENSION OF SPECIAL ALLOWANCE FOR CELLULOSIC BIOFUEL PLANT PROPERTY.

   Struck: (a) In General.--Subparagraph (D) of section 168(l)(2) of the Internal Revenue Code of 1986 is amended by striking "January 1, 2013" and inserting "January 1, 2014".

   Struck: (b) Conforming Amendment.--Paragraph (4) of section 168(l) of the Internal Revenue Code of 1986, as redesignated by this Act, is amended--

   Struck: (1) by striking "and" at the end of subparagraph (A),

   Struck: (2) by redesignating subparagraph (B) as subparagraph (C), and

   Struck: (3) by inserting after subparagraph (A) the following new subparagraph:

   Struck: "(B) by substituting 'January 1, 2014' for 'January 1, 2013' in clause (i) thereof, and".

   Struck: SEC. 114. EXTENSION OF SUSPENSION OF LIMITATION ON PERCENTAGE DEPLETION FOR OIL AND GAS FROM MARGINAL WELLS.

   Struck: (a) In General.--Clause (ii) of section 613A(c)(6)(H) of the Internal Revenue Code of 1986 is amended by striking "January 1, 2012" and inserting "January 1, 2013".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011.

   Struck: SEC. 115. EXTENSION OF ALTERNATIVE FUELS EXCISE TAX CREDITS.

   Struck: (a) In General.--Sections 6426(d)(5), 6426(e)(3), and 6427(e)(6)(C) of the Internal Revenue Code of 1986 are each amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (b) Effective Date.--The amendments made by this section shall apply to fuel sold or used after December 31, 2011.

   Struck: SEC. 116. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY IN LIEU OF TAX CREDITS.

   Struck: (a) In General.--Subsection (a) of section 1603 of division B of the American Recovery and Reinvestment Act of 2009, as amended by section 707 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, is amended--

   Struck: (1) by striking "or 2011" in paragraph (1) and inserting "2011, or 2012", and

   Struck: (2) in paragraph (2)--

   Struck: (A) by striking "after 2011" and inserting "after 2012", and

   Struck: (B) by striking "or 2011" and inserting "2011, or 2012".

   Struck: (b) Conforming Amendment.--Subsection (j) of section 1603 of division B of such Act, as so amended, is amended by striking "2012" and inserting "2013".

   Struck: (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2011.

   Struck: SEC. 117. EXTENSION OF MINE RESCUE TEAM TRAINING CREDIT.

   Struck: (a) In General.--Subsection (e) of section 45N of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011.

   Struck: SEC. 118. EXTENSION OF ELECTION TO EXPENSE MINE SAFETY EQUIPMENT.

   Struck: (a) In General.--Subsection (g) of section 179E of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2011.

   Struck: TITLE II--REPEAL OF OIL AND GAS SUBSIDIES

   Struck: Subtitle A--Close Big Oil Tax Loopholes

   Struck: SEC. 201. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS.

   Struck: (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection:

   Struck: "(n) Special Rules Relating to Major Integrated Oil Companies Which Are Dual Capacity Taxpayers.--

   Struck: "(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)) to a foreign country or possession of the United States for any period shall not be considered a tax--

   Struck: "(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or

   Struck: "(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which--

   Struck: "(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or

   Struck: "(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B).

   Struck: "(2) Dual capacity taxpayer.--For purposes of this subsection, the term 'dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who--

   Struck: "(A) is subject to a levy of such country or possession, and

   Struck: "(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession.

   Struck: "(3) Generally applicable income tax.--For purposes of this subsection--

   Struck: "(A) In general.--The term 'generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession.

   Struck: "(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to--

   Struck: "(i) persons who are not dual capacity taxpayers, and

   Struck: "(ii) persons who are citizens or residents of the foreign country or possession.".

   Struck: (b) Effective Date.--

   Struck: (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act.

   Struck: (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States.

   Struck: SEC. 202. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.

   Struck: (a) Denial of Deduction.--Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

   Struck: "(E) Special rule for certain oil and gas income.--In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term 'domestic production gross receipts' shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof.".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011.

   Struck: SEC. 203. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT COSTS.

   Struck: (a) In General.--Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: "This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011.

   Struck: SEC. 204. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS WELLS.

   Struck: (a) In General.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

   Struck: "(f) Application With Respect to Major Integrated Oil Companies.-- In the case of any taxable year in which the taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)), the allowance for percentage depletion shall be zero.".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011.

   Struck: SEC. 205. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS.

   Struck: (a) In General.--Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

   Struck: "(d) Application With Respect to Major Integrated Oil Companies.-- This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011.

   Struck: Subtitle B--Outer Continental Shelf Oil and Natural Gas

   Struck: SEC. 211. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS ROYALTY RELIEF.

   Struck: (a) In General.--Sections 344 and 345 of the Energy Policy Act of 2005 (42 U.S.C. 15904, 15905) are repealed.

   Struck: (b) Administration.--The Secretary of the Interior shall not be required to provide for royalty relief in the lease sale terms beginning with the first lease sale held on or after the date of enactment of this Act for which a final notice of sale has not been published.

   Struck: TITLE III--BUDGETARY EFFECTS

   Struck: SEC. 301. DEFICIT REDUCTION.

   Struck: The net amount of any savings realized as a result of the enactment of this Act and the amendments made by this Act (after any expenditures authorized by this Act and the amendments made by this Act) shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate.

   Struck: SEC. 302. BUDGETARY EFFECTS.

   Struck: The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

   Inserted: SECTION 1. EXPEDITED FEDERAL PERMITTING AND REVIEW DECISIONS FOR ENERGY, NATURAL RESOURCE, AND INFRASTRUCTURE PROJECTS.

   Inserted: (a) Findings.--Congress finds that--

   Inserted: (1) it is imperative to significantly reduce the aggregate time required to make decisions by the Federal Government on the permitting and review of energy, natural resource, and energy infrastructure projects, while improving environmental and community outcomes;

   Inserted: (2) investing in the energy infrastructure of the United States provides immediate and long-term economic benefits for local communities and the United States as a whole;

   Inserted: (3) Federal permitting and review processes, including planning, approval, and consultation processes, have a substantive impact on the economy of the United States;

   Inserted: (4) it is critical that Executive agencies take all steps, within the authority and resources of the Executive agencies, to execute Federal permitting and review processes with maximum efficiency and effectiveness, while ensuring the health, safety, and security of communities, the environment, and vital economic growth;

   Inserted: (5) Federal permitting and review processes should--

   Inserted: (A) provide a transparent, consistent, and predictable path for project sponsors and affected communities;

   Inserted: (B) ensure that Executive agencies--

   Inserted: (i) establish and adhere to timelines and schedules for completion of reviews;

   Inserted: (ii) establish clear permitting performance goals; and

   Inserted: (iii) track progress against those goals;

   Show 209 more inserted paragraphsShow less

   Inserted: (C) encourage early collaboration among Executive agencies, State, local, and tribal governments, project sponsors, and affected stakeholders to incorporate and address affected interests and minimize delays;

   Inserted: (D) provide for transparency and accountability by using cost-effective information technology to collect and disseminate information concerning individual projects and Executive agency performance;

   Inserted: (E) rely on early and active consultation with State, local, and tribal governments to avoid conflicts or duplication of effort, resolve concerns, and allow for concurrent rather than sequential reviews;

   Inserted: (F) recognize the critical role project sponsors play in ensuring the timely and cost-effective review of projects by providing complete information and analysis and by supporting, as appropriate, the costs associated with review; and

   Inserted: (G) enable Executive agencies--

   Inserted: (i) to share priorities;

   Inserted: (ii) to work collaboratively and concurrently to advance reviews and permitting decisions; and

   Inserted: (iii) to facilitate the resolution of disputes at all levels of Executive agency organization;

   Inserted: (6) each of the actions described in paragraph (5) should be incorporated into routine Executive agency practice to provide demonstrable improvements in the performance of Federal infrastructure permitting and review processes, including lower costs, more timely decisions, and a healthier and cleaner environment; and

   Inserted: (7) it is imperative to institutionalize best practices--

   Inserted: (A) to enhance Federal, State, local, and tribal government coordination on permitting and review processes (such as conducting reviews concurrently rather than sequentially to the maximum extent practicable);

   Inserted: (B) to avoid duplicative reviews;

   Inserted: (C) to engage stakeholders early in the permitting process; and

   Inserted: (D) to develop mechanisms to better communicate priorities and resolve disputes among Executive agencies at the national and regional levels.

   Inserted: (b) Definitions.--In this section:

   Inserted: (1) Covered regulations.--The term "covered regulations" means regulations issued to carry out permitting processes for--

   Inserted: (A) any energy or natural resource development project on Federal land that requires the approval of the Federal Government; or

   Inserted: (B) any interstate energy transmission or transportation infrastructure project through electrical lines or pipelines that requires the approval of the Federal Government.

   Inserted: (2) Executive agency.--The term "executive agency" has the meaning given the term in section 105 of title 5, United States Code.

   Inserted: (3) Project.--The term "project" means--

   Inserted: (A) any energy or mineral development project on Federal land that requires the approval of the Federal Government; or

   Inserted: (B) any interstate energy transmission or transportation infrastructure project through electrical lines or pipelines that requires the approval of the Federal Government.

   Inserted: (c) Covered Regulations.--Not later than 1 year after the date of enactment of this Act, each Executive agency shall amend the covered regulations of the Executive agency--

   Inserted: (1) to reduce, to the maximum extent practicable, the time required to make permitting and review decisions on projects and to execute Federal permitting and review processes with maximum efficiency and effectiveness, while ensuring the health, safety, and security of communities, the environment, and vital economic growth; and

   Inserted: (2) to incorporate specific and measurable actions to carry out paragraph (1), including actions such as--

   Inserted: (A) performance metrics, including timelines or schedules for review;

   Inserted: (B) technological improvements, such as institutionalized use of Dashboard and other information technology systems; and

   Inserted: (C) improved preapplication procedures;

   Inserted: (D) early collaboration with other Executive agencies, project sponsors, and affected stakeholders; and

   Inserted: (E) coordination with State, local, and tribal governments.

   Inserted: SEC. 2. 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).

   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 the final environmental impact statement of another agency shall 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: SEC. 3. STATE COOPERATION.

   Inserted: (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior or the Secretary of Agriculture, as applicable, shall--

   Inserted: (1) survey the use by the Secretary of categorical exclusions in the issuance of permits since fiscal year 2005;

   Inserted: (2) publish a review of the survey that includes a description of--

   Inserted: (A) the types of actions categorically excluded; and

   Inserted: (B) any requests previously received by the Secretary for new categorical exclusions; and

   Inserted: (3) solicit requests from State natural resources permitting agencies or other State, local, and tribal government agencies for new categorical exclusions.

   Inserted: (b) New Categorical Exclusions.--Not later than 120 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall publish a notice of proposed rulemaking that proposes new categorical exclusions, taking into account the survey under subsection (a), subject to the condition that the new categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40 Code of Federal Regulations (as in effect on the date of on which the notice of proposed rulemaking is issued).

   Inserted: (c) Categorical Exclusions Provided by Law.--Not later than 120 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall each issue final rules implementing section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942).

   Inserted: (d) Programmatic Agreements.--

   Inserted: (1) In general.--The Secretary of the Interior and the Secretary of Agriculture shall seek opportunities to enter into programmatic agreements with States that establish efficient administrative procedures for carrying out environmental and other required project reviews.

   Inserted: (2) Inclusions.--

   Inserted: (A) In general.--Programmatic agreements authorized under paragraph (1) may include agreements that allow a State to determine on behalf of the relevant Department whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

   Inserted: (B) Determinations.--A programmatic agreement described in subparagraph (A) may include determinations by the Secretary of the types of projects categorically excluded (consistent with section 1508.4 of title 40, Code of Federal Regulations or successor regulations) in the State in addition to the types of projects described in section 390 of the Energy Policy Act of 2005 (42 U.S.C. 14942).

   Inserted: SEC. 4. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Agency.--The term "agency" means any agency, department, or other unit of Federal, State, local, or Indian tribal government.

   Inserted: (2) Chairman.--The term "Chairman" means the chairman of the Federal Energy Regulatory Commission.

   Inserted: (3) Environmental impact statement.--The term "environmental impact statement" means the detailed statement of environmental impacts required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

   Inserted: (4) Environmental review process.--

   Inserted: (A) In general.--The term "environmental review process" means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document for a project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

   Inserted: (B) Inclusions.--The term "environmental review process" includes the process and completion of any environmental permit, approval, review, or study required for a project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

   Inserted: (5) Lead agency.--The term "lead agency" means--

   Inserted: (A) in the case of energy or mineral development on Federal land, the Department of the Interior;

   Inserted: (B) in the case of interstate energy transmission or transportation through electrical lines or pipelines, the Federal Energy Regulatory Commission; and

   Inserted: (C) any State or local governmental entity serving as a joint lead agency pursuant to this section.

   Inserted: (6) Project.--The term "project" means--

   Inserted: (A) any energy or mineral development project on Federal land that requires the approval of the Federal Government; or

   Inserted: (B) any interstate energy transmission or transportation infrastructure project through electrical lines or pipelines that requires the approval of the Federal Government.

   Inserted: (7) Secretary.--The term "Secretary" means the Secretary of the Interior.

   Inserted: (b) Applicability.--

   Inserted: (1) In general.--The project development procedures under this section--

   Inserted: (A) shall apply to all projects for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

   Inserted: (B) may be applied, as determined by the Secretary or Chairman, to projects for which an environmental document is prepared pursuant to that Act.

   Inserted: (2) Flexibility.--Any authority granted to the Secretary or Chairman under this section may be exercised for a project, class of projects, or program of projects.

   Inserted: (c) Lead Agencies.--

   Inserted: (1) Federal lead agency.--The Department of the Interior or the Federal Energy Regulatory Commission, as applicable, shall be the Federal lead agency in the environmental review process for a project.

   Inserted: (2) Joint lead agencies.--Nothing in this section precludes another agency from acting as a joint lead agency in accordance with regulations issued under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

   Inserted: (3) Ensuring compliance.--The Secretary or Chairman, as applicable, shall ensure that the project complies with all design and mitigation commitments made in any environmental document prepared in accordance with this section and that the environmental document is appropriately supplemented if project modifications become necessary.

   Inserted: (4) Adoption and use of documents.--Any environmental document prepared in accordance with this section may be adopted or used by any Federal agency making any approval to the same extent that the Federal agency could adopt or use a document prepared by another Federal agency.

   Inserted: (5) Role and responsibility of lead agency.--With respect to the environmental review process for any project, the lead agency shall have the authority and responsibility--

   Inserted: (A) to carry out any actions that are necessary and proper, within the authority of the lead agency, to facilitate the expeditious resolution of the environmental review process for the project; and

   Inserted: (B) to prepare or ensure that any required environmental impact statement or other document required to be completed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is completed in accordance with this section and applicable Federal law.

   Inserted: (d) Participating Agencies.--

   Inserted: (1) In general.--The lead agency shall be responsible for inviting and designating participating agencies in accordance with this subsection.

   Inserted: (2) Invitation.--

   Inserted: (A) In general.--The lead agency shall identify, as early as practicable in the environmental review process for a project, any other Federal and non-Federal agencies that may have an interest in the project, and shall invite those agencies to become participating agencies in the environmental review process for the project.

   Inserted: (B) Deadline.--The invitation shall state a deadline by which responses shall be submitted to the lead agency, which may be extended by the lead agency for good cause.

   Inserted: (3) Federal participating agencies.--Any Federal agency that is invited by the lead agency to participate in the environmental review process for a project shall be designated as a participating agency by the lead agency unless the invited agency informs the lead agency, in writing, by the deadline specified in the invitation that the invited agency--

   Inserted: (A) has no jurisdiction or authority with respect to the project;

   Inserted: (B) has no expertise or information relevant to the project; and

   Inserted: (C) does not intend to submit comments on the project.

   Inserted: (4) Effect of designation.--Designation as a participating agency under this subsection shall not imply that the participating agency--

   Inserted: (A) supports a proposed project;

   Inserted: (B) has any jurisdiction over the project; or

   Inserted: (C) has special expertise with respect to the evaluation of the project.

   Inserted: (5) Cooperating agency.--A participating agency may also be designated by a lead agency as a cooperating agency under part 1500 of title 40, Code of Federal Regulations (or successor regulations).

   Inserted: (6) Designations for categories of projects.--The Secretary or Chairman, as applicable, may exercise the authorities granted under this subsection for a project, class of projects, or program of projects.

   Inserted: (7) Concurrent reviews.--Each Federal agency shall, to the maximum extent practicable--

   Inserted: (A) carry out obligations of the Federal agency under other applicable law concurrently, and in conjunction, with the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the ability of the Federal agency to carry out those obligations; and

   Inserted: (B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner.

   Inserted: (e) Project Initiation.--The project sponsor shall notify the Secretary or Chairman, as applicable, of the type and general location of the proposed project, together with a statement of any Federal approvals anticipated to be necessary for the proposed project, for the purpose of informing the Secretary or Chairman that the environmental review process should be initiated.

   Inserted: (f) Public Participation.--

   Inserted: (1) In general.--As early as practicable during the environmental review process, the lead agency shall provide an opportunity for participating agencies and the public to participate in defining the purpose and need for a project.

   Inserted: (2) Scope and objectives.--

   Inserted: (A) In general.--After providing an opportunity for participation under paragraph (1), the lead agency shall prepare a statement of purpose and need for any document that the lead agency is responsible for preparing for the project.

   Inserted: (B) Objectives.--The statement of purpose and need shall include a clear statement of the objectives that the proposed action is intended to achieve, which may include--

   Inserted: (i) increasing energy and mineral security; and

   Inserted: (ii) reducing energy, mineral, and natural resource costs to consumers.

   Inserted: (3) Alternative analysis.--

   Inserted: (A) In general.--As early as practicable during the environmental review process, the lead agency shall provide an opportunity for participating agencies and the public to participate in determining the range of alternatives to be considered for a project.

   Inserted: (B) Range of alternatives.--After providing an opportunity for participation under paragraph (1), the lead agency shall determine the range of alternatives for consideration in any document that the lead agency is responsible for preparing for the project.

   Inserted: (C) Methodologies.--The lead agency, in collaboration with the participating agencies, shall determine, at appropriate times during the study process, the methodologies to be used and the level of detail required in the analysis of each alternative for a project.

   Inserted: (D) Preferred alternative.--At the discretion of the lead agency, the lead agency may--

   Inserted: (i) identify a preferred alternative for a project; and

   Inserted: (ii) develop a more detailed analysis for that alternative than other alternatives to facilitate the development of mitigation measures or concurrent compliance with other applicable laws, subject to the condition that the lead agency determines that the development of the more detailed analysis will not prevent the lead agency from making an impartial decision as to whether to accept another alternative under consideration.

   Inserted: (g) Coordination and Scheduling.--

   Inserted: (1) Coordination plan.--

   Inserted: (A) In general.--The lead agency shall establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project or category of projects, which may be incorporated in a memorandum of understanding.

   Inserted: (B) Schedule.--

   Inserted: (i) In general.--The lead agency may establish as part of the coordination plan, after consultation with each participating agency for the project and with each State in which the project is located, a schedule for completion of the environmental review process for the project.

   Inserted: (ii) Factors for consideration.--In establishing the schedule, the lead agency shall consider factors such as--

   Inserted: (I) the responsibilities of participating agencies under applicable laws;

   Inserted: (II) the resources available to the participating agencies;

   Inserted: (III) the overall size and complexity of the project;

   Inserted: (IV) the overall schedule for and cost of the project; and

   Inserted: (V) the sensitivity of the natural and historic resources that could be affected by the project.

   Inserted: (C) Administration.--A schedule under subparagraph (B) shall be consistent with any other relevant schedule required under Federal law.

   Inserted: (D) Modifications.--The lead agency may--

   Inserted: (i) extend a schedule established under subparagraph (B) for good cause; and

   Inserted: (ii) reduce a schedule established under subparagraph (B) only with the concurrence of the affected participating agencies.

   Inserted: (E) Dissemination.--A copy of a schedule under subparagraph (B), including any modifications to the schedule, shall be--

   Inserted: (i) provided to all participating agencies and to the relevant agencies of each State in which the project is located; and

   Inserted: (ii) made available to the public.

   Inserted: (2) Comment deadlines.--The lead agency shall establish comment deadlines for agencies and the public such that--

   Inserted: (A) the comment period on draft environmental impact statements shall last for a period of not more than 60 days after the date on which the notice of the date of public availability of the document is published in the Federal Register, unless--

   Inserted: (i) a different deadline is established by agreement of the lead agency and all participating agencies; or

   Inserted: (ii) the deadline is extended by the lead agency for good cause;

   Inserted: (B) the comment period on the environmental review process shall last for a period of not more than 30 days after the date on which the materials on which comment is requested are available, unless--

   Inserted: (i) a different deadline is established by agreement of the lead agency and all participating agencies; or

   Inserted: (ii) the deadline is extended by the lead agency for good cause.

   Inserted: (3) Deadlines for decisions under other laws.--In any case in which a decision under any Federal law relating to a project (including the issuance or denial of a permit or license) is required to be made by a date that is not later than the date that is 180 days after the date on which the Secretary or Chairman, as applicable, has made all final decisions of the lead agency with respect to the project, or not later than 180 days after the date on which an application was submitted for the permit or license, the Secretary or Chairman, as applicable, shall submit to the Committees on Environment and Public Works and Energy and Natural Resources of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives--

   Inserted: (A) as soon as practicable after the 180-day period, an initial notice of the failure of the Federal agency to make the decision; and

   Inserted: (B) every 60 days thereafter until such date as all decisions of the Federal agency relating to the project have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice.

   Inserted: (4) Public participation.--Nothing in this subsection reduces any time period under existing Federal law, including regulations, for which public comment is provided in the environmental review process.

   Inserted: (h) Issue Identification and Resolution.--

   Inserted: (1) In general.--The lead agency and the participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in denial of any approvals required for the project under applicable laws.

   Inserted: (2) Lead agency responsibilities.--

   Inserted: (A) In general.--The lead agency shall make information available to the participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration.

   Inserted: (B) Basis of information.--The information described in subparagraph (A) may be based on existing data sources, including geographical information systems mapping.

   Inserted: (3) Participating agency responsibilities.--

   Inserted: (A) In general.--Based on any information received from the lead agency under paragraph (2), each participating agency shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project.

   Inserted: (B) Inclusions.--For purposes of this paragraph, issues of concern include any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project.

   Inserted: (4) Issue resolution.--

   Inserted: (A) In general.--At any time, at the request of the Governor of a State in which the project is located, the lead agency shall promptly convene a meeting with the relevant participating agencies and the Governor to resolve issues that could delay completion of the environmental review process or result in denial of any approvals required for the project under applicable laws.

   Inserted: (B) Notice that resolution cannot be achieved.--If a resolution cannot be achieved by a date that is not later than 30 days after the date on which the meeting under subparagraph (A) occurs and the lead agency determines that all information necessary to resolve the issue has been obtained, the lead agency shall--

   Inserted: (i) notify the heads of all participating agencies, the Governor, the Committee on Energy and Natural Resources of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Council on Environmental Quality; and

   Inserted: (ii) publish the notification in the Federal Register.

   Inserted: (i) Performance Measurement.--The Secretary shall establish a program to measure and report on any progress made toward improving and expediting the planning and environmental review process.

   Inserted: (j) Judicial Review.--

   Inserted: (1) In general.--Except as provided in subsection (k), nothing in this section affects the reviewability of any final Federal agency action in a court of the United States or in the court of any State.

   Inserted: (2) No effect on other law.--Nothing in this section--

   Inserted: (A) supersedes, amends, or modifies the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental statute;

   Inserted: (B) affects the responsibility of any Federal officer to comply with or enforce any such statute; or

   Inserted: (C) preempts or interferes with--

   Inserted: (i) any practice of seeking, considering, or responding to public comment;

   Inserted: (ii) any power, jurisdiction, responsibility, or authority that a Federal, State, local government agency, or Indian tribe has with respect to carrying out a project; or

   Inserted: (iii) any other provision of law applicable to a project.

   Inserted: (k) Limitations on Claims.--

   Inserted: (1) In general.--Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal agency for a project shall be barred unless the claim is filed by not later than 180 days after the date of publication of a notice in the Federal Register announcing that the permit, license, or approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed.

   Inserted: (2) No right to review or limit on claim.--Nothing in this subsection--

   Inserted: (A) establishes any right to judicial review; or

   Inserted: (B) places any limit on filing a claim that a person has violated the terms of a permit, license, or approval.

   Inserted: (3) New information.--

   Inserted: (A) In general.--The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under section 1502.9(c) of title 40, Code of Federal Regulations (or a successor regulation).

   Inserted: (B) Preparation of new statement.--With respect to the preparation of a supplemental environmental impact statement, when required--

   Inserted: (i) the preparation of such a statement shall be considered to be a separate final agency action; and

   Inserted: (ii) the deadline for filing a claim for judicial review of that action shall be 180 days after the date of publication of a notice in the Federal Register announcing the action.

   Inserted: (l) Accelerated Decisionmaking in Environmental Reviews.--

   Inserted: (1) In general.--When preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency makes changes in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant further agency response, the lead agency may write on errata sheets attached to the statement instead of rewriting the draft statement, on the condition that the errata sheets--

   Inserted: (A) cite the sources, authorities, or reasons that support the position of the agency; and

   Inserted: (B) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.

   Inserted: (2) Incorporation.--To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision unless--

   Inserted: (A) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or

   Inserted: (B) there are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action.

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