Amendment includes revisions to clarify that the bill is not intended to allow for duplicative agency review proceedings, duplicative project-notification and initiation-of-agency- review procedures, or challenges to a permitting decision brought in court by parties who were not also parties to the administrative proceedings that produced the challenged decision.
What it does: 43 changes: replaces text in 39 places, inserts text, strikes text in 3 places
Rep. Tom Marino (R-PA)Description
An amendment numbered 1 printed in House Report 114-261 to include revisions to clarify that the bill is not intended to allow for duplicative agency review proceedings; duplicative project-notification and initiation-of-agency-review procedures; or, challenges to a permitting decision brought in court by parties who were not also parties to the administrative proceedings that produced the challenged decision.
What it changes
43 changes to H.R. 348 · 2 shown in the bill's text
Change 1: Replaces “Participating” with “Cooperating”
[struck: Participating][inserted: Cooperating]Original wording
Page 8, line 20, strike “Participating” and insert “Cooperating”.
Change 2: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 8, line 22, strike “participating” and insert “cooperating”.
Change 3: Inserts “(as such term is defined in part 1500 of title 40 of the Code of Federal Regulations, as…” after “agencies”
…agencies[inserted: (as such term is defined in part 1500 of title 40 of the Code of Federal Regulations, as in effect on January 1, 2011)]…
Original wording
Page 8, line 23, insert after “agencies” the following: “(as such term is defined in part 1500 of title 40 of the Code of Federal Regulations, as in effect on January 1, 2011)”.
Change 4: Replaces “Participating” with “Cooperating”
[struck: Participating][inserted: Cooperating]Original wording
Page 9, line 1, strike “Participating” and insert “Cooperating”.
Change 5: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 9, line 4, strike “participating” and insert “cooperating”.
Change 6: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 9, line 24, strike “participating” and insert “cooperating”.
Change 7: Replaces “Participating” with “Cooperating”
[struck: Participating][inserted: Cooperating]Original wording
Page 10, line 6, strike “Participating” and insert “Cooperating”.
Change 8: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 10, line 9, strike “participating” and insert “cooperating”.
Change 9: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 10, line 15, strike “participating” and insert “cooperating”.
Change 10: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 10, line 16, strike “participating” and insert “cooperating”
Change 11: Strikes page 10, line 21 through page 11, line 4
StrikesPrinted pageRemoves page 10, line 21 through page 11, line 4 of the printed bill. See that page
Original wording
Page 10, strike line 21 and all that follows through page 11, line 4.
Change 12: Replaces “(7)” with “(6)”
[struck: (7)][inserted: (6)]Original wording
Page 11, line 5, strike “(7)” and insert “(6)”.
Change 13: Replaces “(8)” with “(7)”
[struck: (8)][inserted: (7)]Original wording
Page 11, line 20, strike “(8)” and insert “(7)”.
Change 14: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 11, line 20, strike “participating” and insert “cooperating”.
Change 15: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 11, beginning on line 22, strike “participating” and insert “cooperating”.
Change 16: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 11, line 23, strike “participating” and insert “cooperating”.
Change 17: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 11, line 25, strike “participating” and insert “cooperating”.
Change 18: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 12, line 4, strike “participating” and insert “cooperating”.
Change 19: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 12, line 6, strike “participating” and insert “cooperating”.
Change 20: Strikes page 12, lines 7–16
StrikesPrinted pageRemoves page 12, lines 7–16 of the printed bill. See that page
Original wording
Page 12, strike line 7 and all that follows through line 16.
Change 21: Rewrites page 12, line 17 through “project, and the” on line 20
ReplacesPrinted pageRemoves page 12, line 17 through “project, and the” on line 20 of the printed bill. See that page
Inserted: (f) Lead Agency Initiation.--The
Original wording
Page 12, strike line 17, and all that follows through “project, and the” on line 20, and insert the following:
Change 22: Replaces “the notice” through page 13, line 3 with “an application for a project from a project sponsor.”
[struck: the notice …][inserted: an application for a project from a project sponsor.]Original wording
Page 12, beginning on line 22, strike “the notice” and all that follows through line 3 on page 13, and insert the following: “an application for a project from a project sponsor.”.
Change 23: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 16, line 9, strike “participating” and insert “cooperating”.
Change 24: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 16, beginning on line 22, strike “participating” and insert “cooperating”.
Change 25: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 17, line 2, strike “participating” and insert “cooperating”.
Change 26: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 17, line 16, strike “participating” and insert “cooperating”.
Change 27: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 18, line 2, strike “participating” and insert “cooperating”.
Change 28: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 18, line 7, strike “participating” and insert “cooperating”.
Change 29: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 19, line 6, strike “participating” and insert “cooperating”.
Change 30: Replaces “the project initiation request” with “an application for a project from a project sponsor”
[struck: the project initiation request][inserted: an application for a project from a project sponsor]Original wording
Page 20, beginning on line 7, strike “the project initiation request”, and insert the following: “an application for a project from a project sponsor”.
Change 31: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 21, beginning on line 4, strike “participating” and insert “cooperating”.
Change 32: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 21, line 11, strike “participating” and insert “cooperating”.
Change 33: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 22, line 7, strike “participating” and insert “cooperating”.
Change 34: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 22, line 19, strike “participating” and insert “cooperating”.
Change 35: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 25, line 15, strike “participating” and insert “cooperating”.
Change 36: Strikes “cooperatively”
In H.R. 348 · Reported in House
"(j) Issue Identification and Resolution.--
"(1) Cooperation.--The lead agency and the participating agencies shall work
[struck: cooperatively ]in accordance with this section to identify and resolve issues that could delay completion of the environmental review or could result in denial of any approvals required for the project under applicable laws."(2) Lead agency responsibilities.--The lead agency shall make information available to the participating agencies as early as practicable in the environmental review regarding the environmental, historic, and socioeconomic resources located within the project area and the general locations of the alternatives under consideration. Such information may be based on existing data sources, including geographic information systems mapping.
Original wording
Page 25, line 15, strike “cooperatively”.
Change 37: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 25, line 23, strike “participating” and insert “cooperating”.
Change 38: Replaces “Participating” with “Cooperating”
[struck: Participating][inserted: Cooperating]Original wording
Page 26, line 5, strike “Participating” and insert “Cooperating”.
Change 39: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 26, line 7, strike “participating” and insert “cooperating”.
Change 40: Replaces “Participating” with “Cooperating”
[struck: Participating][inserted: Cooperating]Original wording
Page 26, line 15, strike “Participating” and insert “Cooperating”.
Change 41: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 26, line 18, strike “participating” and insert “cooperating”.
Change 42: Replaces “participating” with “cooperating”
[struck: participating][inserted: cooperating]Original wording
Page 27, line 5, strike “participating” and insert “cooperating”.
Change 43: Replaces “a party that” with “a party to the administrative proceeding, and the party”
In H.R. 348 · Reported in House
"(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 an action subject to NEPA shall be barred unless--
"(A) in the case of a claim pertaining to a project for which an environmental review was conducted and an opportunity for comment was provided, the claim is filed by a party
[struck: that ][inserted: to the administrative proceeding, and the party ]submitted a comment during the environmental review on the issue on which the party seeks judicial review, and such comment was sufficiently detailed to put the lead agency on notice of the issue upon which the party seeks judicial review; and"(B) filed within 180 days after 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.
Original wording
Page 29, line 9, strike “a party that” and insert “a party to the administrative proceeding, and the party”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 8, line 20, strike “Participating” and insert “Cooperating”.
Page 8, line 22, strike “participating” and insert “cooperating”.
Page 8, line 23, insert after “agencies” the following: “(as such term is defined in part 1500 of title 40 of the Code of Federal Regulations, as in effect on January 1, 2011)”.
Page 9, line 1, strike “Participating” and insert “Cooperating”.
Page 9, line 4, strike “participating” and insert “cooperating”.
Page 9, line 24, strike “participating” and insert “cooperating”.
Page 10, line 6, strike “Participating” and insert “Cooperating”.
Page 10, line 9, strike “participating” and insert “cooperating”.
Page 10, line 15, strike “participating” and insert “cooperating”.
Page 10, line 16, strike “participating” and insert “cooperating”
Page 10, strike line 21 and all that follows through page 11, line 4.
Page 11, line 5, strike “(7)” and insert “(6)”.
Page 11, line 20, strike “(8)” and insert “(7)”.
Page 11, line 20, strike “participating” and insert “cooperating”.
Page 11, beginning on line 22, strike “participating” and insert “cooperating”.
Page 11, line 23, strike “participating” and insert “cooperating”.
Page 11, line 25, strike “participating” and insert “cooperating”.
Page 12, line 4, strike “participating” and insert “cooperating”.
Page 12, line 6, strike “participating” and insert “cooperating”.
Page 12, strike line 7 and all that follows through line 16.
Page 12, strike line 17, and all that follows through “project, and the” on line 20, and insert the following:
“(f) Lead Agency Initiation.--The”.
Page 12, beginning on line 22, strike “the notice” and all that follows through line 3 on page 13, and insert the following: “an application for a project from a project sponsor.”.
Page 16, line 9, strike “participating” and insert “cooperating”.
Page 16, beginning on line 22, strike “participating” and insert “cooperating”.
Page 17, line 2, strike “participating” and insert “cooperating”.
Page 17, line 16, strike “participating” and insert “cooperating”.
Page 18, line 2, strike “participating” and insert “cooperating”.
Page 18, line 7, strike “participating” and insert “cooperating”.
Page 19, line 6, strike “participating” and insert “cooperating”.
Page 20, beginning on line 7, strike “the project initiation request”, and insert the following: “an application for a project from a project sponsor”.
Page 21, beginning on line 4, strike “participating” and insert “cooperating”.
Page 21, line 11, strike “participating” and insert “cooperating”.
Page 22, line 7, strike “participating” and insert “cooperating”.
Page 22, line 19, strike “participating” and insert “cooperating”.
Page 25, line 15, strike “participating” and insert “cooperating”.
Page 25, line 15, strike “cooperatively”.
Page 25, line 23, strike “participating” and insert “cooperating”.
Page 26, line 5, strike “Participating” and insert “Cooperating”.
Page 26, line 7, strike “participating” and insert “cooperating”.
Page 26, line 15, strike “Participating” and insert “Cooperating”.
Page 26, line 18, strike “participating” and insert “cooperating”.
Page 27, line 5, strike “participating” and insert “cooperating”.
Page 29, line 9, strike “a party that” and insert “a party to the administrative proceeding, and the party”.
Legislative Activity
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House amendment offered
September 25, 2015
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House amendment offered
September 25, 2015
House amendment agreed to: On agreeing to the Marino amendment (A001) Agreed to by voice vote.
September 25, 2015 • 9:17 AM
House amendment offered/reported by : Amendment (A001) offered by Mr. Marino.(consideration: CR H6235-6236; text: CR H6235-6236)
September 25, 2015 • 9:12 AM
Amendment agreed to Committee of the Whole
September 25, 2015 • 9:17 AM
Amendment (A001) offered by Mr. Marino. (consideration: CR H6235-6236; text: CR H6235-6236)
September 25, 2015 • 9:12 AM
On agreeing to the Marino amendment (A001) Agreed to by voice vote.
September 25, 2015 • 9:17 AM