S.Amdt. 2406

SA 2406. Mr. SULLIVAN submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of subtitle B of title III, add the following:

SEC. 3___. CRITERIA FOR PREPARATION OF ENVIRONMENTAL IMPACT
STATEMENTS AND ENVIRONMENTAL ASSESSMENTS.

Section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332) is amended--
(1) by indenting subparagraphs (A) through (C)
appropriately;
(2) in the matter preceding subparagraph (A), by striking
``this Act, and (2) all'' and inserting the following: ``this
Act; and
``(2) all'';
(3) by striking the section designation and all that
follows through ``possible: (1) the'' in the matter preceding
paragraph (2) and inserting the following:

``SEC. 102. COOPERATION OF AGENCIES; ENVIRONMENTAL IMPACT
STATEMENTS AND OTHER DOCUMENTS.

``(a) In General.--Congress authorizes and requires that,
to the maximum extent practicable--
``(1) the'';
(4) in paragraph (2) of subsection (a) (as so designated)--
(A) in subparagraph (C)--
(i) in the matter preceding clause (i), by inserting
``subject to subsection (b),'' before ``include'';
(ii) in each of clauses (i) through (iii), by striking the
comma at the end and inserting a semicolon;
(iii) in clause (iv), by striking ``, and'' at the end and
inserting ``; and''; and
(iv) in clause (v), by striking the period at the end and
inserting a semicolon; and
(B) in the undesignated matter following subparagraph (C)--
(i) in the second sentence--

(I) by striking ``agency review processes;'' and inserting
``agency review processes.''; and
(II) by striking ``Copies of such statements'' and
inserting the following:

[[Page S3322]]

``(2) Publication.--A copy of each statement under
subsection (a)(2)(C)''; and
(ii) in the first sentence, by striking ``Prior to making
any detailed statement'' and inserting the following:
``(b) Requirements for Environmental Impact Statements.--
``(1) In general.--Before preparing an environmental impact
statement under subsection (a)(2)(C)'';
(5) in subsection (b) (as so redesignated)--
(A) in paragraph (2) (as redesignated by paragraph
(4)(B)(i)(II))--
(i) by moving subparagraphs (E) through (I) so as to appear
after clause (v) of subparagraph (C) of subsection (a)(2) (as
amended by paragraph (4)(A)), redesignating the subparagraphs
as subparagraphs (D) through (H), respectively, and indenting
the subparagraphs appropriately; and
(ii) in subparagraph (D)--

(I) in the matter preceding clause (i), by striking ``if:''
and inserting ``if--'';
(II) in each of clauses (i) and (ii), by striking the comma
at the end and inserting a semicolon;
(III) in clause (iii), by striking ``, and'' at the end and
inserting ``; and''; and
(IV) by striking ``(D) Any detailed statement required
under subparagraph (C)'' and inserting the following:

``(3) Treatment of certain statements.--
``(A) In general.--An environmental impact statement
required under subsection (a)(2)(C)'';
(B) in the undesignated matter following clause (iv) of
paragraph (3)(A) (as so redesignated), by striking ``The
procedures in this subparagraph shall not relieve the Federal
official of his responsibilities for the scope, objectivity,
and content of the entire statement or of any other
responsibility under this Act; and further, this subparagraph
does not affect'' and inserting the following:
``(B) Effect of paragraph.--Nothing in this paragraph--
``(i) relieves a Federal official of--

``(I) any responsibility for the scope, objectivity, or
content of an environmental impact statement; or
``(II) any other responsibility under this Act; or

``(ii) affects''; and
(C) by adding at the end the following:
``(4) Deadline for preparation.--
``(A) In general.--The head of a Federal agency shall--
``(i) complete each draft environmental impact statement
required under subsection (a)(2)(C) by not later than 1 year
after the date on which the head publishes in the Federal
Register a notice of the intent to prepare the environmental
impact statement; and
``(ii) issue a final environmental impact statement and
associated record of decision by not later than 2 years after
the date on which the head publishes in the Federal Register
the notice of intent referred to in clause (i).
``(B) Failure to meet deadline.--If the head of a Federal
agency fails to meet an applicable deadline under
subparagraph (A) with respect to an environmental impact
statement and associated record of decision, the head shall--
``(i) not later than 10 days after the applicable deadline,
publish on a public website maintained by the agency the
reasons for the failure; and
``(ii) complete the environmental impact statement and
associated record of decision by not later than the date that
is 1 year after the applicable deadline.
``(5) Length.--
``(A) In general.--Subject to subparagraph (B), the text of
a final environmental impact statement required under
subsection (a)(2)(C) shall not exceed--
``(i) 150 pages; or
``(ii) for a proposal of unusual scope or complexity, 300
pages.
``(B) Treatment of appendices.--The page limitation
established under subparagraph (A) shall not include any
appendices.
``(6) Errata sheets.--If the head of a Federal agency
modifies a final environmental impact statement required
under subsection (a)(2)(C) in response to any comment that is
minor and confined to factual corrections or explanations of
why the comments do not warrant additional agency response,
the agency head may attach to the environmental impact
statement appropriate errata sheets, subject to the
conditions that the errata sheets shall--
``(A) cite the sources, authorities, or reasons that
support the position of the agency; and
``(B) if appropriate, indicate the circumstances that would
trigger agency reappraisal or further response.
``(7) Single document.--In preparing an environmental
impact statement under subsection (a)(2)(C), the head of a
Federal agency shall, to the maximum extent practicable,
develop a single document that consists of the final
environmental impact statement and an associated record of
decision, unless--
``(A) the final environmental impact statement makes a
substantial change to the proposed action that is relevant to
an applicable environmental or safety concern; or
``(B) there exists a significant new circumstance or
information relevant to an applicable environmental concern
that relates to the proposed action or an impact of the
proposed action.''; and
(6) by adding at the end the following:
``(c) Environmental Assessments.--Not later than 180 days
after the date of enactment of this subsection, the head of
each Federal agency shall--
``(1) establish, with respect to the preparation of
environmental assessments and related findings of no
significant impact by the agency, a time limit of not more
than 180 days; and
``(2) apply that time limit to each environmental
assessment and finding of no significant impact prepared by
the agency.
``(d) ROD and FONSI Review.--It shall be an affirmative
defense to any action challenging the sufficiency of an
environmental review conducted under this Act that the
applicable Federal agency made a good faith effort to produce
a sufficient record of decision or finding of no significant
impact in accordance with each applicable deadline
established under this section, using the resources available
to the Federal agency at the time.''.
______