S.Amdt. 2275

SA 2275. 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:

Strike section 40206 and insert the following:

SEC. 40206. NATIONAL ENVIRONMENTAL POLICY ACT TIMELINES FOR
PROJECTS FOR CRITICAL MINERAL EXTRACTION,
RECOVERY, AND DEVELOPMENT.

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. APPLICABLE TIMELINES FOR PROJECTS FOR CRITICAL
MINERAL EXTRACTION, RECOVERY, AND DEVELOPMENT.

``(a) Definitions.--In this section:
``(1) Covered project.--The term `covered project' means a
proposed action that is a project for critical mineral
extraction, recovery, or development.
``(2) Critical mineral.--The term `critical mineral' has
the meaning given the term in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a)).
``(3) Environmental impact statement.--The term
`environmental impact statement' means a detailed statement
required under section 102(2)(C).
``(4) Federal agency.--The term `Federal agency' includes a
State that has assumed responsibility under section 327 of
title 23, United States Code.
``(5) 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.
``(6) 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 covered project.
``(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 covered project from a
project sponsor; and
``(ii) ends on the date on which the Federal agency issues,
with respect to the covered project--

``(I) a record of decision, including, if necessary, a
revised record of decision;

[[Page S5675]]

``(II) a finding of no significant impact; or
``(III) a categorical exclusion under this title.

``(7) 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 covered
project.
``(b) Applicable Timelines.--
``(1) NEPA process.--
``(A) In general.--The head of a Federal agency shall
complete the NEPA process for a covered project under the
jurisdiction of the Federal agency, as described in
subsection (a)(6)(B)(ii), not later than 2 years after the
date described in subsection (a)(6)(B)(i).
``(B) Environmental documents.--Within the period described
in subparagraph (A), not later than 1 year after the date
described in subsection (a)(6)(B)(i), the head of the Federal
agency shall, with respect to the covered project--
``(i) issue--

``(I) a finding that a categorical exclusion applies to the
covered project; or
``(II) a finding of no significant impact; or

``(ii) publish a notice of intent to prepare an
environmental impact statement in the Federal Register.
``(C) Environmental impact statement.--If the head of a
Federal agency publishes a notice of intent described in
subparagraph (B)(ii), within the period described in
subparagraph (A) and not later than 1 year after the date on
which the head of the Federal agency publishes the notice of
intent, the head of the Federal agency shall complete the
environmental impact statement and, if necessary, any
supplemental environmental impact statement for the covered
project.
``(2) Authorizations and permits.--
``(A) In general.--Not later than 90 days after the date
described in subsection (a)(4)(B)(ii), the head of a Federal
agency shall issue--
``(i) any necessary permit or authorization to carry out
the covered project; or
``(ii) a denial of the permit or authorization necessary to
carry out the covered project.
``(B) Effect of failure to issue authorization or permit.--
If a permit or authorization described in subparagraph (A) is
not issued or denied within the period described in that
subparagraph, the permit or authorization shall be considered
to be approved.
``(C) Denial of permit or authorization.--
``(i) In general.--If a permit or authorization described
in subparagraph (A) is denied, the head of the Federal agency
shall describe to the project sponsor--

``(I) the basis of the denial; and
``(II) recommendations for the project sponsor with respect
to how to address the reasons for the denial.

``(ii) Recommended changes.--If the project sponsor carries
out the recommendations of the head of the Federal agency
under clause (i)(II) and notifies the head of the Federal
agency that the recommendations have been carried out, the
head of the Federal agency--

``(I) shall decide whether to issue the permit or
authorization described in subparagraph (A) not later than 90
days after the date on which the project sponsor submitted
the notification; and
``(II) shall not carry out the NEPA process with respect to
the covered project again.''.

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