[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4776 Reported in House (RH)]
<DOC>
Union Calendar No. 344
119th CONGRESS
1st Session
H. R. 4776
[Report No. 119-395]
To amend the National Environmental Policy Act of 1969 to clarify
ambiguous provisions and facilitate a more efficient, effective, and
timely environmental review process.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2025
Mr. Westerman (for himself and Mr. Golden of Maine) introduced the
following bill; which was referred to the Committee on Natural
Resources
December 4, 2025
Additional sponsors: Mr. Cuellar, Mr. Stauber, Mr. Vicente Gonzalez of
Texas, Ms. Hageman, Mr. Baumgartner, Mr. Evans of Colorado, Ms. Perez,
Mr. Davis of North Carolina, Mrs. Miller-Meeks, Mr. Gray, Mr. Begich,
Mr. Costa, and Mrs. Kiggans of Virginia
December 4, 2025
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on July
25, 2025]
_______________________________________________________________________
A BILL
To amend the National Environmental Policy Act of 1969 to clarify
ambiguous provisions and facilitate a more efficient, effective, and
timely environmental review process.
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 ``Standardizing Permitting and
Expediting Economic Development Act'' or the ``SPEED Act''.
SEC. 2. NEPA REFORM.
(a) Purpose.--Section 2 of the National Environmental Policy Act of
1969 (42 U.S.C. 4321) is amended--
(1) by striking ``The purposes'' and inserting ``(a) The
purposes''; and
(2) by adding at the end the following:
``(b) This Act is a purely procedural statute intended to ensure
Federal agencies consider the environmental impacts of their actions
during the decisionmaking process. This Act does not mandate particular
results, and only prescribes a process. Nothing in this Act shall be
construed to mandate any specific environmental outcome or result, nor
shall this Act be interpreted to confer substantive rights or impose
substantive duties beyond procedural requirements.''.
(b) Procedure for Determination of Level of Review.--Section 106 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4336) is
amended--
(1) in the heading, by inserting ``; scope of review''
after ``level of review'';
(2) in subsection (a)--
(A) in paragraph (3), by striking ``or'';
(B) in paragraph (4), by striking ``action.'' and
inserting ``action;''; and
(C) by adding at the end the following:
``(5) the agency determines the proposed agency action is
an action for which such agency's compliance with another
statute's requirements serves the function of agency compliance
with this Act with respect to such action; or
``(6) the proposed agency action relates to a project or
action that has already been reviewed pursuant to a State
environmental review statute or a Tribal environmental review
statute, ordinance, resolution, regulation, or formally adopted
policy and the lead agency determines such review serves the
function of agency compliance with this Act.'';
(3) in subsection (b)--
(A) in paragraph (2), by striking ``does not'' and
inserting ``is not likely to''; and
(B) in paragraph (3), by amending subparagraph (B)
to read as follows:
``(B) is not required to--
``(i) undertake new scientific or technical
research unless the new scientific or technical
research is essential to a reasoned choice
among alternatives, and the overall costs and
time frame of obtaining it are not
unreasonable; or
``(ii) undertake new scientific or
technical research after the receipt of an
application, as applicable, with respect to a
proposed agency action.''; and
(4) by adding at the end the following:
``(c) Scope of Review.--In preparing an environmental document for
a proposed agency action, a Federal agency--
``(1) may consider only those effects that share a
reasonably close causal relationship to, and are proximately
caused by, the immediate project or action under consideration;
and
``(2) may not consider effects that are speculative,
attenuated from the project or action, separate in time or
place from the project or action, or in relation to separate
existing or potential future projects or actions.
``(d) Certainty.--
``(1) Environmental documents.--A Federal agency may not
rescind, withdraw, amend, alter, or otherwise render
ineffective any environmental document completed under this Act
for a project or action where there is an applicant unless the
Federal agency has been so ordered by a court or the applicant
has agreed in writing to such rescission, withdrawal,
amendment, or alteration.
``(2) Authorizations.--
``(A) In general.--Except as provided in this
subsection or existing law, a Federal agency may not
revoke, rescind, withdraw, terminate, suspend, amend,
alter, or take any other action to interfere with an
authorization unless--
``(i) the Federal agency is required to
take such action by order of a court of
competent jurisdiction;
``(ii) the holder of the authorization has
materially breached the terms of the
authorization, or otherwise violated applicable
law;
``(iii) the authorization was obtained
through fraud, intentional concealment, or
material misrepresentation;
``(iv) such action is necessary to prevent
specific, immediate, substantial, and proximate
harm or damage to life, property, national
security, or defense that was not considered in
the underlying environmental review process or
final agency action for the authorization; or
``(v) the Federal agency has received a
request from the holder of the authorization or
project sponsor to take such action.
``(B) Requirement.--The actions described in
subparagraph (A) shall be, as appropriate and where
feasible, supported by clear and convincing evidence
and reasonably limited in duration and scope by the
agency to address the specific issue such action is
intended to address.
``(C) Notice.--Before an agency takes an action
described in subparagraph (A), the agency shall notify
the holder of the authorization and the project sponsor
in writing of such action, including by providing a
detailed explanation of the action, identifying the
statutory authority relied upon for the action, and
providing the evidence supporting the action.
``(D) Judicial review.--
``(i) In general.--An action described in
subparagraph (A) shall be subject to judicial
review under chapter 7 of title 5, United
States Code.
``(ii) Venue.--A person seeking judicial
review of an action described in subparagraph
(A) may only obtain review of such action in
the United States court of appeals for any
circuit wherein the project for which the
authorization was issued is located.
``(iii) Petitions by federal agencies.--No
Federal agency may petition a court for vacatur
or voluntary remand of an authorization unless
the holder of the authorization or the project
sponsor consents in writing to such a petition.
``(E) Savings clause.--Nothing in subparagraph (A)
shall be construed to provide any Federal agency new,
enhanced, or expanded authority, or to limit any
existing authority, concerning any authorization.
``(e) Presumption of Negative Impacts of Taking No Action Relating
to Tribal Trust Resources.--For any proposed agency action carried out
on, or directly affecting, tribal trust resources (including lands and
minerals) that is initiated by the federally recognized Indian Tribe
for which the United States holds the affected resources in trust, and
for which an environmental document was prepared that included
consideration of a no action alternative, there shall be a presumption
that the effects of taking no action will be negative for the federally
recognized Indian Tribe.
``(f) Effect of Threshold Determinations on Other Agencies.--If a
lead agency determines an environmental document is not required to be
prepared with respect to a proposed agency action under subsection (a),
another agency may not prepare an environmental document with respect
to such proposed agency action.''.
(c) Timely and Unified Federal Reviews.--
(1) Lead agency.--Section 107(a) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4336a(a)) is
amended--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``at
the earliest practicable time'' and inserting
``in accordance with subsection (g)(2)'';
(ii) in subparagraph (D), by striking
``carry out the proposed agency action'' and
inserting ``carry out the proposed agency
action in compliance with the deadlines
outlined in subsection (g)''; and
(iii) in subparagraph (E)--
(I) by striking ``a review'' and
inserting ``an environmental review'';
and
(II) by striking ``such review''
and inserting ``such environmental
review''; and
(B) in paragraph (3)--
(i) by inserting ``(including counties,
boroughs, parishes, and other political
subdivisions of a State)'' after ``local
agency''; and
(ii) by adding at the end ``Such comments
from Federal cooperating agencies shall be
limited to matters relating to the proposed
agency action with respect to which such
Federal cooperating agency has jurisdiction by
law.''.
(2) One document.--Section 107(b) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4336a(b)) is
amended--
(A) by striking ``To the extent practicable,'' and
inserting the following:
``(1) Document.--To the extent practicable,''; and
(B) by adding at the end the following:
``(2) Consideration timing.--
``(A) In general.--In preparing an environmental
document for a proposed agency action, no Federal
agency shall be required to consider any scientific or
technical research that becomes publicly available
after the earlier of, as applicable--
``(i) the date of receipt of an application
with respect to such proposed agency action;
and
``(ii) the date of publication of a notice
of intent or decision to prepare such
environmental document for such proposed agency
action.
``(B) Applicability to other law.--This paragraph
does not affect any review of information required
under subchapter II of chapter 5 of title 5, United
States Code, with respect to comments received during
the public comment period as applicable.
``(C) Delay.--A Federal agency may not delay the
issuance of an environmental document or a final agency
action, including any decision or determination, on the
basis of awaiting new scientific or technical research
or information that was not available as of the earlier
of the dates described in subparagraph (A).''.
(3) Statement of purpose and need.--Section 107(d) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336a(d))
is amended by striking ``action.'' and inserting ``action.
Where applicable, the statement of purpose and need shall meet
the goals of the applicant.''.
(4) Deadlines.--Section 107(g) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4336a(g)) is
amended--
(A) by redesignating paragraphs (1), (2), and (3)
as paragraphs (3), (5), and (6), respectively;
(B) by inserting before paragraph (3) (as so
redesignated) the following:
``(1) Applications for authorizations.--
``(A) Notification of complete or incomplete
application.--Unless a shorter deadline is specified by
law, in connection with a proposed agency action for
which an applicant submitted an application for an
authorization to an agency, not later than 60 days
after the date on which the applicant submits the
application to the agency, the agency shall document
the receipt of the application and--
``(i) notify the applicant that the
application is complete; or
``(ii) notify the applicant that the
application is incomplete and request in
writing any additional information that the
agency needs to determine that the application
is complete and begin preparation of an
environmental document.
``(B) Agency determination.--
``(i) Complete determination.--If an agency
determines an application is complete under
subparagraph (A)(i), the agency shall, not
later than 60 days after the date on which the
agency makes such determination--
``(I) notify the applicant that the
agency has determined that the proposed
agency action is excluded pursuant to
one of the agency's categorical
exclusions, is not a major Federal
action, or that no further agency
action is required;
``(II) issue a notice of intent to
prepare an environmental impact
statement for such proposed agency
action; or
``(III) notify the applicant that
the agency has determined that
preparation of an environmental
assessment is necessary.
``(ii) Incomplete determination.--If the
agency requests additional information under
subparagraph (A)(ii), the deadline described in
clause (i) shall be based on the date on which
the agency receives the additional information
instead of the date on which the determination
is made.
``(2) Cooperating agencies.--
``(A) In general.--Not later than 21 days after a
lead agency issues a notice of intent under paragraph
(1)(B)(i)(II) or notifies an applicant under paragraph
(1)(B)(i)(III) with respect to a proposed agency
action, the lead agency shall--
``(i) identify all agencies that are likely
to have environmental review, authorization, or
other responsibilities with respect to the
proposed agency action; and
``(ii) invite each such agency to become a
cooperating agency.
``(B) Deadline to accept invitation.--Not later
than 21 days after an agency receives an invitation to
become a cooperating agency under subparagraph (A)(ii),
such agency shall accept or deny the invitation.
``(C) Convening of cooperating agencies.--Not later
than 7 days after the deadline described in
subparagraph (B) has passed for each agency that
received an invitation to become a cooperating agency
under subparagraph (A)(ii), the lead agency that sent
each such invitation shall convene each agency that
accepts such an invitation to coordinate on developing
the schedule under subsection (a)(2)(D) for the
applicable proposed agency action.
``(D) Unidentified agencies.--In the event that an
agency that has jurisdiction by law or special
expertise with respect to any environmental impact
involved in a proposed agency action is not identified
under subparagraph (A)(i), the lead agency with respect
to the proposed agency action shall--
``(i) invite such unidentified agency to
become a cooperating agency by not later than 7
days after becoming aware that the agency has
jurisdiction by law or special expertise; and
``(ii) if such agency accepts the
invitation, incorporate such agency into the
schedule developed under subsection (a)(2)(D)
and update such schedule accordingly by not
later than 14 days after the date on which such
agency accepts the invitation.'';
(C) in paragraph (3) (as so redesignated)--
(i) by striking ``In general'' and
inserting ``Review timeline''; and
(ii) by striking ``(2)'' and inserting
``(5)'';
(D) by inserting after paragraph (3) (as so
redesignated) the following:
``(4) Deadline for final agency action.--For any proposed
agency action for which an applicant submitted an application
for an authorization to an agency, not later than 30 days after
completing an environmental impact statement or an
environmental assessment for the proposed agency action, the
lead agency, and any cooperating agency, shall issue a final
agency action. The agency issuing such final agency action
shall include in the final agency action a performance schedule
for the completion of any other outstanding authorizations.'';
(E) in paragraph (5) (as so redesignated)--
(i) by striking ``the deadline described in
paragraph (1)'' and inserting ``a deadline
described in this subsection''; and
(ii) by striking ``, in consultation with
the applicant, to'' and inserting ``if the
applicant approves such extension. If the
applicant approves such extension, the lead
agency shall'';
(F) in paragraph (6) (as so redesignated)--
(i) by striking ``A project sponsor may''
and inserting ``Except as provided in
subparagraph (C), a project sponsor may''; and
(ii) by adding at the end the following:
``(C) Exception.--A project sponsor that approved
an extension of a deadline under paragraph (5) may not
obtain judicial review of a failure to act in
accordance with such deadline under subparagraph (A)
unless the lead agency fails to meet the new deadline
or is delaying for reasons other than those necessary
to complete its review.''; and
(G) by adding at the end the following:
``(7) Concurrent review.--In carrying out an environmental
review, the lead agency and each cooperating agency shall carry
out the obligations of that agency under other applicable laws
concurrently, and in conjunction, with other required reviews
for the proposed agency action, pursuant to the requirements of
applicable law, including, if applicable, under this Act.''.
(d) Programmatic Environmental Documents.--Section 108 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336b) is
amended--
(1) by striking ``When an agency prepares'' and inserting
the following:
``(a) Programmatic Environmental Documents.--When an agency
prepares'';
(2) in paragraph (1), by striking ``5'' and inserting
``10'';
(3) in paragraph (2), by striking ``5'' and inserting
``10''; and
(4) by adding at the end the following:
``(b) Reliance on Previously Completed Environmental Reviews.--
``(1) Actions that are substantially the same.--A lead
agency may satisfy the requirements of this Act with respect to
a major Federal action by relying on an environmental
assessment, environmental impact statement, or a categorical
exclusion determination that the lead agency, another Federal
agency, or a project sponsor under the supervision of a Federal
agency completed for another major Federal action if the lead
agency determines that--
``(A) the new major Federal action is substantially
the same as the other major Federal action or, if
applicable, an alternative analyzed in such
environmental assessment or environmental impact
statement; and
``(B) if applicable, the effects of the new major
Federal action are substantially the same as the
effects analyzed in such environmental assessment or
environmental impact statement.
``(2) Actions that are not substantially the same.--If a
new major Federal action is not substantially the same as
another major Federal action or an alternative analyzed in an
environmental assessment or environmental impact statement
completed by the lead agency, another Federal agency, or a
project sponsor under the supervision of a Federal agency, the
lead agency may modify or augment any such previously completed
environmental assessment or environmental impact statement as
necessary to satisfy the requirements of this Act with respect
to the new major Federal action. The lead agency shall make
such modified environmental assessment or environmental impact
statement publicly available as a new environmental assessment
or environmental impact statement.''.
(e) Adoption of Categorical Exclusions.--Section 109 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336c) is amended
in the text preceding paragraph (1), by inserting ``, or that was
legislatively enacted by Congress,'' after ``procedures''.
(f) Definitions.--Section 111 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4336e) is amended--
(1) by redesignating paragraphs (1) through (13) as
paragraphs (2) through (14), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Authorization.--The term `authorization' means any
lease, right-of-way, easement, license, permit, approval,
finding, determination, or other administrative decision issued
by an agency or any interagency consultation that is required
or authorized under Federal law in order to construct, modify,
or operate a project.'';
(3) in paragraph (2) (as so redesignated), by inserting ``,
or Congress deems by statute,'' after ``Federal agency has
determined'';
(4) in paragraph (11) (as so redesignated)--
(A) in subparagraph (B)--
(i) in clause (iii)--
(I) by inserting ``grants
(including capitalization grants), cost
share awards,'' after ``loan
guarantees,'';
(II) by striking ``sufficient'' and
inserting ``complete''; and
(III) by striking ``subsequent use
of such financial assistance or the'';
(ii) by redesignating clauses (iv) through
(vii) as clauses (vi) through (ix),
respectively; and
(iii) by inserting after clause (iii) the
following:
``(iv) farm ownership loans and operating
loan guarantees by the Farm Service Agency
pursuant to sections 305 and 311 through 319 of
the Consolidated Farm and Rural Development
Act;
``(v) the issuance of an authorization by
an agency where the effects of the action or
project being permitted or authorized were
previously evaluated by another agency in
compliance with this Act;''; and
(B) by adding at the end the following:
``(C) Additional exclusions.--An agency action may
not be determined to be a major Federal action solely
on the basis of the provision of Federal funds,
including a grant, loan, loan guarantee, and funding
assistance.''; and
(5) by adding at the end the following:
``(15) Reasonably foreseeable.--The term `reasonably
foreseeable', with respect to environmental effects of a
proposed agency action--
``(A) means effects that share a reasonably close
causal relationship to, and are proximately caused by,
the immediate project or action under consideration;
and
``(B) does not include effects that are--
``(i) speculative;
``(ii) attenuated from the proposed agency
action;
``(iii) separate in time or place from the
proposed agency action; or
``(iv) in relation to separate existing or
potential future projects.''.
(g) Duties.--Section 204 of the National Environmental Policy Act
of 1969 (42 U.S.C. 4344) is amended in paragraph (4) by inserting
``energy,'' after ``health,''.
SEC. 3. JUDICIAL REVIEW.
Title I of the National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.) is amended--
(1) by redesignating section 112 as section 110A and moving
such section so as to appear after section 110; and
(2) by inserting before section 111 the following:
``SEC. 110B. JUDICIAL REVIEW.
``(a) Role of the Court.--In reviewing a claim of whether a final
agency action complies with the requirements of this Act, a court--
``(1) shall afford substantial deference to the agency; and
``(2) may not substitute its judgment for that of the
agency regarding the environmental effects included in the
final agency action or included in the environmental document.
``(b) Remand.--
``(1) In general.--If a court holds, under section
706(2)(A) of title 5, United States Code, that a final agency
action does not comply with the requirements of this Act, the
only remedy the court may order, notwithstanding chapter 7 of
title 5, United States Code, is to remand, without vacatur or
injunction, the final agency action to the agency with--
``(A) specific instruction to correct the errors or
deficiencies found by the court; and
``(B) a reasonable schedule and deadline to correct
such errors or deficiencies, which such deadline may
not exceed--
``(i) with regard to an order entered on or
after the date of enactment of this section,
the date that is 180 days after the date on
which the order was entered; and
``(ii) with regard to an order entered
before the date of enactment of this section,
the date that is 180 days after the date of
enactment of this section.
``(2) Continued effect of final agency action.--A final
agency action remanded under paragraph (1) shall remain in
effect while the Federal agency corrects any errors or
deficiencies found by the court.
``(c) Limitations on Claims.--
``(1) In general.--Notwithstanding any other provision of
law (except as provided in subparagraph (A) with respect to a
shorter deadline), a claim described in subsection (a) shall be
barred unless--
``(A) such claim is filed not later than 150 days
after the final agency action is made public, unless a
shorter deadline is specified under law;
``(B) in the case of a final agency action for
which there was a public comment period on an
environmental document, such claim--
``(i) is filed by a party that submitted a
substantive and unique comment during such
public comment period by the noticed comment
deadline for the environmental document and
such comment was sufficiently detailed to put
the applicable Federal agency on notice of the
issue upon which the party seeks review; and
``(ii) concerns the same subject matter
raised in the comment submitted during the
public comment period;
``(C) such claim is filed by a party that has
suffered or imminently will suffer direct harm from the
final agency action; and
``(D) such claim does not challenge the
establishment of a categorical exclusion.
``(2) Supplemental environmental documents.--If an agency
issues a supplemental environmental document in response to a
court order remanding a final agency action, the deadline
described in paragraph (1)(A) shall be the date on which the
agency makes public the agency action for which the
supplemental environmental document is prepared. A claim for
review of such final agency action shall be limited to
information contained in the final supplemental environmental
document that was not contained in a previous environmental
document for the final agency action.
``(3) Actions for use of tribal trust resources.--For any
final agency action that authorizes or affects the use of
lands, minerals, or other resources already held in trust at
the time of the final agency action by the United States for
the benefit of a federally recognized Indian Tribe--
``(A) except as provided in subparagraph (B), there
shall be no administrative or judicial review of such
final agency action based on a claim of failure to
comply with the requirements of this Act; and
``(B) subparagraph (A) shall not apply to actions
for administrative or judicial review--
``(i) brought by the federally recognized
Indian Tribe for which the United States holds
the lands, minerals, or other resources in
trust; or
``(ii) that involve reasonably foreseeable
effects of the final agency action that occur
outside the lands, minerals, or other resources
held in trust by the United States for the
benefit of a federally recognized Indian Tribe.
``(d) Deadline for Resolution.--
``(1) In general.--A court shall issue a final judgment on
a claim described in subsection (a)--
``(A) as expeditiously as practicable; and
``(B) unless a shorter deadline is specified under
Federal law, not later than the date that is 180 days
after the date on which the agency record for the
review is filed with the reviewing court, which shall
not be more than 60 days after the filing of the claim.
``(2) Accelerated deadlines.--Nothing in this subsection
may be construed to prevent a court from further expediting
review of a claim described in subsection (a).
``(3) Appeals.--
``(A) Filing.--A notice of appeal of a final
judgment described in this subsection shall be filed
not later than 60 days after such final judgment is
issued. In the case of a final agency action remanded
under subsection (b), the agency and, if applicable,
the applicant, shall have the right to appeal during
the pendency of the remand.
``(B) Deadline for review.--A court shall issue a
final decision on an appeal filed under subparagraph
(A)--
``(i) as expeditiously as practicable; and
``(ii) not later than the date that is 180
days after the date on which the appeal is
filed.
``(e) No Effect on Review of Compliance With Other Deadlines.--This
section shall not affect the right to obtain review under section
107(g)(3).''.
Union Calendar No. 344
119th CONGRESS
1st Session
H. R. 4776
[Report No. 119-395]
_______________________________________________________________________
A BILL
To amend the National Environmental Policy Act of 1969 to clarify
ambiguous provisions and facilitate a more efficient, effective, and
timely environmental review process.
_______________________________________________________________________
December 4, 2025
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed