[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4740 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4740
To amend the National Environmental Policy Act of 1969 to reform agency
process requirements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2021
Mr. Gosar introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the National Environmental Policy Act of 1969 to reform agency
process requirements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NEPA Agency Process Accountability
Act''.
SEC. 2. 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 1508.9 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--
``(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 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.''.
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