S.Amdt. 1644

SA 1644. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 1617 proposed by Mr. Gardner (for himself, Mr. Manchin,
Mr. Daines, Mr. Warner, Mr. Portman, Ms. Cantwell, Mr. Alexander, Mr.
King, Mr. Burr, Mr. Tester, Ms. Collins, Mr. Udall, Mr. Boozman, Mr.
Schumer, Mr. Blunt, Ms. Harris, Mrs. Capito, Mr. Peters, Mr. Tillis,
Ms. Baldwin, Ms. McSally, Mr. Casey, Mr. Graham, Mr. Heinrich, Mr.
Bennet, Mrs. Feinstein, Mr. Sanders, Mr. Booker, Ms. Cortez Masto, Mr.
Merkley, Mr. Wyden, Mr. Kaine, Ms. Sinema, Ms. Rosen, Mr. Coons, Ms.
Smith, Ms. Hassan, Mrs. Gillibrand, Mrs. Murray, Mr. Durbin, Mrs.
Shaheen, Mr. Blumenthal, Mr. Jones, Mr. Van Hollen, Mr. Menendez, Mr.
Cardin, Mr. Brown, Ms. Hirono, Ms. Warren, Mr. Murphy, Ms. Klobuchar,
Ms. Duckworth, Ms. Stabenow, Mr. Leahy, Mr. McConnell, Mr. Markey, Mr.
Roberts, Mr. Perdue, Mr. Cramer, and Mr. Schatz) to the bill H.R. 1957,
to amend the Internal Revenue Code of 1986 to modernize and improve the
Internal Revenue Service, and for other purposes; which was ordered to
lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. REUSE OF WORK UNDER NEPA.

Section 200402 of title 54, United States Code (as added by
section 2(a)), is amended by adding at the end the following:
``(l) Reuse of Work Under NEPA.--

[[Page S2893]]

``(1) Definitions.--In this subsection:
``(A) Environmental impact statement.--The term
`environmental impact statement' means a detailed statement
required under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
``(B) NEPA process.--
``(i) In general.--The term `NEPA process', with respect to
a proposed action, means the entirety of every process,
analysis, or other measure, including an environmental impact
statement, required to be carried out by a covered agency
under title I of the National Environmental Policy Act of
1969 (42 U.S.C. 4331 et seq.) before the covered agency
undertakes the proposed action.
``(ii) Period.--For purposes of clause (i), the NEPA
process--

``(I) begins on the date on which the head of a covered
agency receives an application for a proposed action from a
project sponsor; and
``(II) ends on the date on which the covered agency issues,
with respect to the proposed action--

``(aa) a record of decision, including, if necessary, a
revised record of decision;
``(bb) a finding of no significant impact; or
``(cc) a categorical exclusion under title I of the
National Environmental Policy Act of 1969 (42 U.S.C. 4331 et
seq.).
``(C) Project sponsor.--The term `project sponsor' means a
covered agency or other entity, including a private or
public-private entity, that seeks approval of a proposed
action.
``(D) Proposed action.--The term `proposed action' means a
proposed action (within the meaning of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) to
carry out a project using amounts made available under the
Fund.
``(2) Reuse of work under nepa.--
``(A) In general.--Subject to subparagraph (B), in carrying
out the NEPA process for a proposed action, the head of a
covered agency shall--
``(i) use any applicable findings and research from a prior
NEPA process of any covered agency; and
``(ii) incorporate the findings and research described in
clause (i) into any applicable analysis under the NEPA
process.
``(B) Requirement for the reuse of findings and research.--
The head of a covered agency may reuse the applicable
findings and research described in subparagraph (A) if--
``(i)(I) the project for which the head of the covered
agency is seeking to reuse the findings and research was in
close geographic proximity to the proposed action; and
``(II) the head of the covered agency determines that the
conditions under which the applicable findings and research
were issued have not substantially changed; or
``(ii)(I) the project for which the head of the covered
agency is seeking to reuse the findings and research was not
in close geographic proximity to the proposed action; and
``(II) the head of the covered agency determines that the
proposed action has similar issues or decisions as the
project.''.
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