[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3224 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 3224
To amend the National Environmental Policy Act of 1969 to clarify
ambiguous provisions and facilitate a more efficient, effective, and
timely environmental review process, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 19, 2025
Mr. Kennedy introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
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, 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 ``Standardizing Permitting and
Expediting Economic Development Act'' or the ``SPEED Act''.
SEC. 2. NEPA REFORM.
(a) Purposes; Intent; Effect.--Section 2 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321) is amended--
(1) by striking the section designation and heading and all
that follows through ``are: To'' and inserting the following:
``SEC. 2. PURPOSES; INTENT; EFFECT.
``(a) Purposes.--The purposes of this Act are to''; and
(2) by adding at the end the following:
``(b) Intent.--This Act--
``(1) is a procedural statute intended to ensure Federal
agencies consider the environmental impacts of their actions
during the decisionmaking process;
``(2) does not mandate particular results; and
``(3) only prescribes a purely procedural process.
``(c) Effect.--Nothing in this Act--
``(1) mandates any specific environmental outcome or
result; or
``(2) confers substantive rights or imposes 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 section heading, by inserting ``scope and''
after ``determination of'';
(2) in subsection (a)--
(A) in paragraph (2), by striking ``109 of this
Act,'' and inserting ``109, a categorical exclusion
established by Congress,'';
(B) in paragraph (3), by striking ``or'';
(C) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(5) the proposed agency action is an action for which
such agency's compliance with another statute's requirements
serve a similar function as the requirements of this Act with
respect to such action; or
``(6) the proposed agency action--
``(A) relates to a project or action that has
already been reviewed pursuant to a State or Tribal
environmental review statute; and
``(B) the lead agency determines such review meets
the requirements of this Act.'';
(3) in subsection (b)--
(A) in paragraph (2), in the first sentence--
(i) by striking ``does not'' and inserting
``is not likely to''; and
(ii) by striking ``109 of this Act,'' and
inserting ``109, a categorical exclusion
established by Congress,''; and
(B) in paragraph (3), by striking subparagraph (B)
and inserting the following:
``(B) is not required to undertake new scientific
or technical research--
``(i) 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) after the receipt of an application,
as applicable, with respect to such proposed
agency action.''; and
(4) by adding at the end the following:
``(c) Scope of Review.--In developing an environmental document for
a proposed agency action, a Federal agency--
``(1) may only consider 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.--A Federal agency may not rescind, withdraw,
amend, alter, or otherwise render ineffective any environmental
document completed under this Act unless the Federal agency has been so
ordered by a court.''.
(c) Timely and Unified Federal Reviews.--Section 107 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336a) is
amended--
(1) in subsection (a)(3), in the second sentence, by
striking the period at the end and inserting ``, which shall be
limited to matters relating to the proposed agency action with
respect to which such cooperating agency has jurisdiction by
law. If a lead agency determines an environmental document is
not required to be prepared with respect to a proposed agency
action under section 106(a), another agency may not prepare an
environmental document with respect to such proposed agency
action.'';
(2) in subsection (b)--
(A) by striking ``To the extent practicable,'' and
inserting the following:
``(1) In general.--To the extent practicable,''; and
(B) by adding at the end the following:
``(2) Consideration timing.--
``(A) In general.--In developing 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.--Nothing in this
paragraph affects 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) Unnecessary 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 deadlines described in subparagraph
(A).'';
(3) in subsection (d), by striking the period at the end
and inserting ``, which shall, where applicable, meet the goals
of the applicant.''; and
(4) in subsection (g)--
(A) in paragraph (2), 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'';
(B) in paragraph (3)(A), by striking ``A project
sponsor may'' and inserting ``Except as provided in
subparagraph (C), a project sponsor may''; and
(C) by adding at the end the following:
``(C) Exception.--A project sponsor that approved
an extension of a deadline under paragraph (2) may not
obtain 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.''.
(d) Programmatic Environmental Documents.--Section 108 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336b) is
amended--
(1) in paragraph (1), by striking ``5'' and inserting
``10''; and
(2) in paragraph (2), by striking ``5'' and inserting
``10''.
(e) Adoption of Categorical Exclusions.--Section 109 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336c) is
amended--
(1) in the matter preceding paragraph (1), in the first
sentence, by inserting ``, or that was established by
Congress,'' after ``procedures'';
(2) in paragraph (1), by inserting ``or established by
Congress'' after ``NEPA procedures''; and
(3) in paragraph (2), by inserting ``, if applicable,''
after ``established the categorical exclusion''.
(f) Definitions.--Section 111 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4336e) is amended--
(1) in paragraph (1), by inserting ``, or Congress deems by
statute,'' after ``Federal agency has determined'';
(2) by redesignating paragraphs (8), (9), and (10) as
paragraphs (10), (8), (9), respectively, and the moving the
paragraphs so as to appear in numerical order;
(3) in paragraph (9) (as so redesignated)--
(A) in subparagraph (B)--
(i) in clause (iii)--
(I) by inserting ``, grants'' after
``loan guarantees'';
(II) by striking ``sufficient'' and
inserting ``complete''; and
(III) by striking ``subsequent use
of such financial assistance or the'';
(ii) in clause (iv), by striking ``section
7(a) or (b) and of the Small Business Act
(U.S.C. 636(a)), or'' and inserting
``subsection (a) or (b) of section 7 of the
Small Business Act (15 U.S.C. 636) or'';
(iii) by redesignating clauses (iv) through
(vii) as clauses (vi) through (ix),
respectively; and
(iv) by inserting after clause (iii) the
following:
``(iv) farm ownership and operating loan
guarantees by the Farm Service Agency pursuant
to section 305 and subtitle B of the
Consolidated Farm and Rural Development Act (7
U.S.C. 1925, 1941 et seq.);
``(v) the issuance of a permit or other
authorization by a Federal agency where the
proposal under consideration is otherwise being
evaluated or was previously evaluated by the
lead 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.'';
(4) by redesignating paragraph (13) as paragraph (14); and
(5) by inserting after paragraph (12) the following:
``(13) Reasonably foreseeable.--
``(A) In general.--The term `reasonably
foreseeable', with respect to environmental effects of
a proposed agency action, means effects that share a
reasonably close causal relationship to, and are
proximately caused by, the immediate project or action
under consideration.
``(B) Exclusions.--The term `reasonably
foreseeable', with respect to environmental effects of
a proposed agency action, 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 of the Council.--Section 204(4) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4344(4)) is amended 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 by adding at the end the following:
``SEC. 113. JUDICIAL REVIEW.
``(a) Definition of Agency Action.--In this section, the term
`agency action' has the meaning given the term in section 551 of title
5, United States Code.
``(b) Standard of Review.--Notwithstanding chapter 7 of title 5,
United States Code, in reviewing a claim of whether a final agency
action complies with the procedural requirements of this Act, a court
may only hold that the final agency action does not comply with those
procedural requirements if the court determines that--
``(1) the agency abused its substantial discretion in
complying with those procedural requirements; and
``(2) the agency would have reached a different result with
respect to the final agency action absent such abuse of
substantial discretion.
``(c) Role of the Court.--A court reviewing a claim described in
subsection (b) may not substitute its judgment for that of the agency
with respect to the environmental effects of a proposed agency action.
``(d) Remand.--
``(1) In general.--If a court holds that a final agency
action does not comply with the procedural requirements of this
Act, the court may only remand the final agency action to the
agency with--
``(A) specific instruction to correct the errors or
deficiencies in compliance; and
``(B) a reasonable schedule and deadline, which
such deadline may not exceed--
``(i) with respect to an order entered
before the date of enactment of this section,
the date that is 180 days after that date of
enactment; and
``(ii) with respect 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.
``(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 specified by the court.
``(e) Limitations on Claims.--
``(1) In general.--Notwithstanding chapter 7 of title 5,
United States Code, a claim described in subsection (b) shall
be barred unless--
``(A) the claim is filed not later than 150 days
after the date on which the final agency action is made
public, unless a shorter timeline is specified under
Federal law;
``(B) in the case of a final agency action for
which there was a public comment period on an
environmental document, the claim--
``(i) is filed by a party that submitted a
substantive and unique comment during the
public comment period by the noticed comment
deadline for the environmental document and the
comment was sufficiently detailed to put the
applicable Federal agency on notice of the
issue on which the party seeks review and shows
that the party would suffer direct harm if its
comments were not addressed; and
``(ii) concerns the same subject matter
raised in the comment submitted during the
public comment period; and
``(C) the claim does not challenge the
establishment of a categorical exclusion.
``(2) Supplemental environmental documents.--
``(A) In general.--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.
``(B) Limitation.--A claim for review of a final
agency action described in subparagraph (A) 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.
``(f) Deadline for Resolution.--
``(1) In general.--A court shall issue a final judgment on
a claim described in subsection (b)--
``(A) as expeditiously as practicable; and
``(B) unless a shorter timeline 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 30 days from the filing of the claim.
``(2) Accelerated deadlines.--Nothing in this subsection
prevents a court from further expediting review of a claim
described in subsection (b).
``(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 the final judgment is
issued.
``(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.
``(g) Final Agency Actions.--The completion of an environmental
assessment, an environmental impact statement, or a finding of no
significant impact, or a determination to categorically exclude an
action, shall not be considered a final agency action under chapter 7
of title 5, United States Code.
``(h) No Effect on Review of Compliance With Other Deadlines.--
Nothing in this section affects the right to obtain review under
section 107(g)(3).''.
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