S.Amdt. 1645

SA 1645. 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. ___. PROHIBITIONS OF CONSIDERATION OF ALTERNATIVES 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) Prohibitions Under NEPA Analysis.--
``(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) Prohibitions under nepa.--In carrying out the NEPA
process for a proposed action, the head of a covered agency
may not--
``(A) consider an alternative to the proposed action if the
proposed action is not technically or economically feasible
to the project sponsor; or
``(B) consider an alternative to the proposed action that
is not within the jurisdiction of the covered agency.''.
______