S.Amdt. 2252

SA 2252. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself,
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr.
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R.
3684, to authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of the amendment, add the following:

DIVISION __--AGENCY PROCESS REFORMS UNDER THE NATIONAL ENVIRONMENTAL
POLICY ACT

SEC. __. AGENCY PROCESS REFORMS UNDER NEPA.

Title I of the National Environmental Policy Act of 1969 is
amended--
(1) by redesignating section 105 (42 U.S.C. 4335) as
section 106; and
(2) by inserting after section 104 (42 U.S.C. 4334) the
following:

``SEC. 105. AGENCY PROCESS REFORMS.

``(a) Definitions.--In this section:
``(1) Environmental assessment.--The term `environmental
assessment' has the meaning given the term in section 1508.1
of title 40, Code of Federal Regulations (or a successor
regulation).
``(2) Environmental impact statement.--The term
`environmental impact statement' means a detailed statement
required under section 102(2)(C).
``(3) Federal agency.--The term `Federal agency' includes a
State that has assumed responsibility under section 327 of
title 23, United States Code.
``(4) Head of a federal agency.--The term `head of a
Federal agency' includes the governor or head of an
applicable State agency of a State that has assumed
responsibility under section 327 of title 23, United States
Code.
``(5) NEPA process.--
``(A) In general.--The term `NEPA process' means the
entirety of every process, analysis, or other measure,
including an environmental impact statement, required to be
carried out by a Federal agency under this title before the
agency undertakes a proposed action.
``(B) Period.--For purposes of subparagraph (A), the NEPA
process--
``(i) begins on the date on which the head of a Federal
agency receives an application for a proposed action from a
project sponsor; and
``(ii) ends on the date on which the Federal agency issues,
with respect to the proposed action--

``(I) a record of decision, including, if necessary, a
revised record of decision;
``(II) a finding of no significant impact; or
``(III) a categorical exclusion under this title.

``(6) Project sponsor.--The term `project sponsor' means a
Federal agency or other entity, including a private or
public-private entity, that seeks approval of a proposed
action.
``(b) Prohibitions.--In carrying out the NEPA process, the
head of a Federal agency may not--

[[Page S5640]]

``(1) consider an alternative to the proposed action if the
proposed action is not technically or economically feasible
to the project sponsor; or
``(2) consider an alternative to the proposed action that
is not within the jurisdiction of the Federal agency.
``(c) Environmental Documents.--
``(1) EIS required.--In carrying out the NEPA process for a
proposed action that requires the preparation of an
environmental impact statement, the head of a Federal agency
shall produce for the proposed action not more than 1--
``(A) environmental impact statement;
``(B) if necessary, environmental assessment; and
``(C) record of decision.
``(2) EIS not required.--In carrying out the NEPA process
for a proposed action that does not require the preparation
of an environmental impact statement, the head of a Federal
agency shall produce for the proposed action not more than
1--
``(A) environmental assessment; or
``(B) finding of no significant impact.
``(d) Categorical Exclusions.--
``(1) In general.--Notwithstanding any other provision of
law and subject to paragraph (2), the head of a Federal
agency may, without further approval, use a categorical
exclusion under this title that has been approved by--
``(A)(i) another Federal agency; and
``(ii) the Council on Environmental Quality; or
``(B) an Act of Congress.
``(2) Requirements.--The head of a Federal agency may use a
categorical exclusion described in paragraph (1) if the head
of the Federal agency--
``(A) carefully reviews the description of the proposed
action to ensure that it fits within the category of actions
described in the categorical exclusion; and
``(B) considers the circumstances associated with the
proposed action to ensure that there are no extraordinary
circumstances that warrant the preparation of an
environmental assessment or an environmental impact
statement.
``(3) Extraordinary circumstances.--If the head of a
Federal agency determines that extraordinary circumstances
are present with respect to a proposed action, the head of
the Federal agency shall--
``(A) consider whether mitigating circumstances or other
conditions are sufficient to avoid significant effects of the
proposed action; and
``(B) if the head of the Federal agency determines that
those significant effects can be avoided, apply a categorical
exclusion to the proposed action.
``(e) Reuse of Work; Documents Prepared by Qualified 3rd
Parties; Unexpected Circumstances.--
``(1) In general.--In carrying out the NEPA process for a
proposed action--
``(A) subject to paragraph (2), the head of a Federal
agency shall--
``(i) use any applicable findings and research from a prior
NEPA process of any Federal agency; and
``(ii) incorporate the findings and research described in
clause (i) into any applicable analysis under the NEPA
process; and
``(B) a Federal agency may adopt as an environmental impact
statement, environmental assessment, or other environmental
document to achieve compliance with this title--
``(i) an environmental document prepared under the law of
the applicable State if the head of the Federal agency
determines that the environmental laws of the applicable
State--

``(I) provide the same level of environmental analysis as
the analysis required under this title; and
``(II) allow for the opportunity of public comment; or

``(ii) subject to paragraph (3), an environmental document
prepared by a qualified third party chosen by the project
sponsor, at the expense of the project sponsor, if the head
of the Federal agency--

``(I) provides oversight of the preparation of the
environmental document by the third party; and
``(II) independently evaluates the environmental document
for the compliance of the environmental document with this
title.

``(2) Requirement for the reuse of findings and research.--
The head of a Federal agency may reuse the applicable
findings and research described in paragraph (1)(A) if--
``(A)(i) the project for which the head of the Federal
agency is seeking to reuse the findings and research was in
close geographic proximity to the proposed action; and
``(ii) the head of the Federal agency determines that the
conditions under which the applicable findings and research
were issued have not substantially changed; or
``(B)(i) the project for which the head of the Federal
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 Federal agency determines that the
proposed action has similar issues or decisions as the
project.
``(3) Requirements for creation of environmental document
by qualified 3rd parties.--
``(A) In general.--A qualified third party may prepare an
environmental document intended to be adopted by a Federal
agency as the environmental impact statement, environmental
assessment, or other environmental document for a proposed
action under paragraph (1)(B)(ii) if--
``(i) the project sponsor submits a written request to the
head of the applicable Federal agency that the head of the
Federal agency approve the qualified third party to create
the document intended to be adopted by a Federal agency as
the environmental impact statement, environmental assessment,
or other environmental document; and
``(ii) the head of the Federal agency determines that--

``(I) the third party is qualified to prepare the document;
and
``(II) the third party has no financial or other interest
in the outcome of the proposed action.

``(B) Deadline.--The head of a Federal agency that receives
a written request under subparagraph (A)(i) shall issue a
written decision approving or denying the request not later
than 30 days after the date on which the written request is
received.
``(C) No prior work.--The head of a Federal agency may not
adopt an environmental document under paragraph (1)(B)(ii) if
the qualified third party began preparing the document prior
to the date on which the head of the Federal agency issues
the written decision under subparagraph (B) approving the
request.
``(D) Denials.--If the head of a Federal agency issues a
written decision denying the request under subparagraph
(A)(i), the head of the Federal agency shall submit to the
project sponsor with the written decision the findings that
served as the basis of the denial.
``(4) Unexpected circumstances.--If, while carrying out a
proposed action after the completion of the NEPA process for
that proposed action, a Federal agency or project sponsor
encounters a new or unexpected circumstance or condition that
may require the reevaluation of the proposed action under
this title, the head of the Federal agency with
responsibility for carrying out the NEPA process for the
proposed action shall--
``(A) consider whether mitigating the new or unexpected
circumstance or condition is sufficient to avoid significant
effects that may result from the circumstance or condition;
and
``(B) if the head of the Federal agency determines under
subparagraph (A) that the significant effects that result
from the circumstance or condition can be avoided, mitigate
the circumstance or condition without carrying out the NEPA
process again.
``(f) Multi-Agency Projects.--
``(1) Definitions.--In this subsection:
``(A) Cooperating agency.--The term `cooperating agency'
means a Federal agency involved in a proposed action that--
``(i) is not the lead agency; and
``(ii) has the jurisdiction or special expertise such that
the Federal agency needs to be consulted--

``(I) to use a categorical exclusion; or
``(II) to prepare an environmental assessment or
environmental impact statement, as applicable.

``(B) Lead agency.--The term `lead agency' means the
Federal agency selected under paragraph (2)(A).
``(2) Agency designation.--
``(A) Lead agency.--In carrying out the NEPA process for a
proposed action that requires authorization from multiple
Federal agencies, the heads of the applicable Federal
agencies shall determine the lead agency for the proposed
action.
``(B) Invitation.--The head of the lead agency may invite
any relevant State, local, or Tribal agency with Federal
authorization decision responsibility to be a cooperating
agency.
``(3) Responsibilities of lead agency.--The lead agency for
a proposed action shall--
``(A) as soon as practicable and in consultation with the
cooperating agencies, determine whether a proposed action
requires the preparation of an environmental impact
statement; and
``(B) if the head of the lead agency determines under
subparagraph (A) that an environmental impact statement is
necessary--
``(i) be responsible for coordinating the preparation of an
environmental impact statement;
``(ii) provide cooperating agencies with an opportunity to
review and contribute to the preparation of the environmental
impact statement and environmental assessment, as applicable,
of the proposed action, except that the cooperating agency
shall limit comments to issues within the special expertise
or jurisdiction of the cooperating agency; and
``(iii) subject to subsection (b), as soon as practicable
and in consultation with the cooperating agencies, determine
the range of alternatives to be considered for the proposed
action.
``(4) Environmental documents.--In carrying out the NEPA
process for a proposed action, the lead agency shall prepare
not more than 1 of each type of document described in
paragraph (1) or (2) of subsection (c), as applicable--
``(A) in consultation with cooperating agencies; and
``(B) for all applicable Federal agencies.
``(5) Prohibitions.--
``(A) In general.--A cooperating agency may not evaluate an
alternative to the proposed action that has not been
determined to be within the range of alternatives considered
under paragraph (3)(B)(iii).
``(B) Omission.--If a cooperating agency submits to the
lead agency an evaluation of

[[Page S5641]]

an alternative that does not meet the requirements of
subsection (b), the lead agency shall omit the alternative
from the environmental impact statement.
``(g) Reports.--
``(1) NEPA data.--
``(A) In general.--The head of each Federal agency that
carries out the NEPA process shall carry out a process to
track, and annually submit to Congress a report containing,
the information described in subparagraph (B).
``(B) Information described.--The information referred to
in subparagraph (A) is, with respect to the Federal agency
issuing the report under that subparagraph--
``(i) the number of proposed actions for which a
categorical exclusion was issued during the reporting period;
``(ii) the length of time the Federal agency took to issue
the categorical exclusions described in clause (i);
``(iii) the number of proposed actions pending on the date
on which the report is submitted for which the issuance of a
categorical exclusion is pending;
``(iv) the number of proposed actions for which an
environmental assessment was issued during the reporting
period;
``(v) the length of time the Federal agency took to
complete each environmental assessment described in clause
(iv);
``(vi) the number of proposed actions pending on the date
on which the report is submitted for which an environmental
assessment is being drafted;
``(vii) the number of proposed actions for which an
environmental impact statement was issued during the
reporting period;
``(viii) the length of time the Federal agency took to
complete each environmental impact statement described in
clause (vii); and
``(ix) the number of proposed actions pending on the date
on which the report is submitted for which an environmental
impact statement is being drafted.
``(2) NEPA costs.--
``(A) In general.--Not later than 1 year after the date of
enactment of this subsection, the Chair of the Council on
Environmental Quality and the Director of the Office of
Management and Budget shall jointly develop a methodology to
assess the comprehensive costs of the NEPA process.
``(B) Requirements.--The head of each Federal agency that
carries out the NEPA process shall--
``(i) adopt the methodology developed under subparagraph
(A); and
``(ii) use the methodology developed under subparagraph (A)
to annually submit to Congress a report describing--

``(I) the comprehensive cost of the NEPA process for each
proposed action that was carried out within the reporting
period; and
``(II) for a proposed action for which the head of the
Federal agency is still completing the NEPA process at the
time the report is submitted--

``(aa) the amount of money expended to date to carry out
the NEPA process for the proposed action; and
``(bb) an estimate of the remaining costs before the NEPA
process for the proposed action is complete.''.
______