[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 573 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 573
To require the Council on Environmental Quality to publish an annual
report on environmental reviews and causes of action based on alleged
non-compliance with the National Environmental Policy Act of 1969, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 21, 2025
Mr. Yakym (for himself and Mr. Panetta) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To require the Council on Environmental Quality to publish an annual
report on environmental reviews and causes of action based on alleged
non-compliance with the National Environmental Policy Act of 1969, 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 ``Studying NEPA's Impact on Projects
Act''.
SEC. 2. ANNUAL REPORT ON NEPA'S IMPACT ON PROJECTS.
Section 201 of the National Environmental Policy Act of 1969 (42
U.S.C. 4341) is amended to read as follows:
``SEC. 201. ANNUAL REPORT ON NEPA'S IMPACT ON PROJECTS.
``(a) Report Required.--Beginning July 1, 2025, the Council on
Environmental Quality shall annually publish on the website of the
Council on Environmental Quality, and submit to the Committee on
Natural Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate, a report on--
``(1) each cause of action based on alleged non-compliance
with this Act that was active during the period beginning June
1 of the preceding year and ending June 1 of the current year,
which shall identify--
``(A) with respect to each such cause of action--
``(i) the defendant lead agency and the
lead plaintiff; and
``(ii) the court in which the cause of
action was brought and any court to which a
decision on the cause of action was appealed;
``(B) the number of such causes of action,
disaggregated by the defendant lead agency;
``(C) the alleged basis for each such cause of
action, disaggregated by type; and
``(D) the status and outcome, if applicable, of
each cause of action based on alleged non-compliance
with this Act that was active during the period
beginning June 1 of the preceding year and ending June
1 of the current year, including whether--
``(i) the cause of action resulted in the
major Federal action being reversed;
``(ii) the defendant lead agency was
allowed to move forward with the major Federal
action;
``(iii) the court issued a ruling directing
the defendant lead agency to take additional
measures to be in compliance;
``(iv) the lead plaintiff and the defendant
lead agency settled amongst themselves;
``(v) the cause of action is still active;
and
``(vi) the lead plaintiff received an
award, including an award of costs pursuant to
section 2412 of title 28, United States Code;
``(2) the length of environmental impact statements and
environmental assessments prepared pursuant to section
102(2)(C) during the period of 5 years that ends on June 1 of
the current year, which shall include--
``(A) the average and median page count of each
draft and final environmental impact statement and
environmental assessment (including the appendix)
published in the Federal Register during such period of
5 years, including such page counts disaggregated by
quartiles;
``(B) the number of draft and final environmental
impact statements and environmental assessments
published in the Federal Register during such period of
5 years, disaggregated by defendant lead agency and
subagency as applicable; and
``(C) a description of trends in average and median
page count of draft and final environmental impact
statements and environmental assessments published in
the Federal Register during such period of 5 years
compared to prior reports published by the Council on
Environmental Quality;
``(3) the total cost to prepare the environmental impact
statements and environmental assessments described in paragraph
(2), including--
``(A) the full-time equivalent personnel hour
costs, contractor costs, and other direct costs of the
lead agency that prepared the environmental impact
statement or environmental assessment; and
``(B) if practicable, and noted where not
practicable, the costs incurred by cooperating
agencies, participating agencies, applicants, and
contractors; and
``(4) the timelines to complete environmental reviews
pursuant to section 102(2)(C) during the period of 10 years
that ends on June 1 of the current year, which shall include--
``(A) with respect to each major Federal action
commenced during such period of 10 years, the date on
which (as applicable)--
``(i) the project sponsor submitted an
application for any permit or other
authorization for the project;
``(ii) the lead agency began the scoping;
``(iii) the notice of intent to prepare the
environmental impact statement was published in
the Federal Register;
``(iv) the draft environmental impact
statement was published in the Federal
Register;
``(v) the final environmental impact
statement was published in the Federal
Register;
``(vi) the record of decision was published
in the Federal Register; and
``(vii) the lead agency provided to the
project sponsor notice to proceed on the
project;
``(B) the average and median publication timelines
during such period of 10 years for each document
described in subparagraph (A); and
``(C) a description of trends in completion times
during such period of 10 years for such documents
compared to prior reports published by the Council on
Environmental Quality.
``(b) Format.--
``(1) In general.--The information included in each report
required under subsection (a) shall be disaggregated by the
type of project and covered sector.
``(2) Covered sectors.--In this subsection, the term
`covered sector' means any of the following sectors:
``(A) Aviation and space.
``(B) Broadband.
``(C) Carbon capture and sequestration.
``(D) Conventional energy production.
``(E) Renewable energy production.
``(F) Electricity transmission.
``(G) Manufacturing.
``(H) Mining.
``(I) Pipelines.
``(J) Ports and waterways.
``(K) Surface transportation.
``(L) Information technology infrastructure.
``(M) Water resources.
``(N) Forestry.
``(O) Any other sector as determined by the Council
on Environmental Quality.
``(c) Public Availability of Data.--The Council on Environmental
Quality shall publish with each report published under subsection (a)
the underlying data used to prepare each such report and include any
citations or other information necessary for the public to locate
records related to the court proceedings for any cause of action
described in subsection (a)(1).''.
<all>